BOARD OF COMMISSIONERS REGULAR MEETING AGENDA
TUESDAY, DECEMBER 05, 2006, 6:30 P.M.
CITY HALL, LAKELAND, TENNESSEE 38002
I. CALL TO ORDER BY MAYOR: With a quorum present, Mayor Carmichael called the Regular Meeting to order at 6:30 p.m. Invocation and the pledge was given by Lt. Warren Horton, Shelby County Sheriff’s Department.
II. ROLL CALL BY RECORDER: Mayor Carmichael, Vice-Mayor Anderson, Commissioners Hartz, Nicholson and Plunk were present.
Mayor Carmichael yielded the floor to changes to the agenda. There being no changes, Mayor Carmichael moved to accept the agenda as presented and allow the Chair to take items out of order as deemed necessary, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.
Mayor Carmichael presented a Proclamation to Dr. Mohan Gehi for his outstanding accomplishments as a City of Lakeland resident.
Mayor Carmichael acknowledged Lakeland residents for their recycling efforts in the “Get Caught Recycling” Program. Presentations were given to Mrs. Susan Robinson, Ms. Resa Barawid and Ms. Jeanne David.
With no objections, Mayor Carmichael yielded the floor to Lt. Warren Horton to present the Crime Report for the month of November.
City Attorney, David Lakin reported on the plat violation in Oakwood Addition.
Sewerage Commission Business
1. Action on WWTP Change Order 5. (Jarrett) (pgs. 26-46)
Commissioner Hartz moved to approve a Resolution entitled: A Resolution to approve funding through change order 5 for Scott’s Creek Wastewater Treatment Plant, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Anderson aye
Plunk aye
Carmichael aye
New Business
3. Action on traffic control devices at Highway 70 & Canada Road. (Jarrett) (pgs. 55-75)
a. Action on a resolution supporting a roadway safety audit and requesting support from Shelby County, the Town of Arlington and the City of Bartlett. (Wherry) (pgs. 76-77)
Commissioner Hartz moved to approve a Resolution supporting a Roadway Safety Audit and requesting the support of Shelby County, the Town of Arlington and the City of Bartlett in this audit, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.
9. Action on appointment of BOC liaisons to various Boards & Commissions. (Boards)
Board of Appeals
Mayor Carmichael nominated Commissioner Plunk to serve as BOC liaison to the Board of Appeals and Commissioner Hartz nominated Commissioner Nicholson to serve as BOC liaison to Board of Appeals.
Nomination for Commissioner Plunk
Nomination carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye
Design Review Commission
Commissioner Hartz nominated Vice-Mayor Anderson to serve as BOC liaison to the Design Review Commission. With no other nominations, Mayor Carmichael declared Vice-Mayor Anderson as BOC liaison for the DRC by acclamation.
Parks & Recreation/Natural Resources Board
Mayor Carmichael Nominated Commissioner Nicholson to serve as liaison to the Parks & Recreation/Natural Resources Board. With no other nominations, Mayor Carmichael declared Commissioner Nicholson as BOC liaison for the PR/NRB by acclamation.
Municipal Planning Commission
Vice-Mayor Anderson nominated Commissioner Hartz to serve as liaison to the Municipal Planning Commission. With no other nominations, Mayor Carmichael declared Commissioner Hartz as BOC liaison for the MPC by acclamation.
Economic Development Commission
Vice-Mayor Anderson nominated Commissioner Nicholson to serve as liaison to the Economic Development Commission. With no other nominations, Mayor Carmichael declared Commissioner Nicholson as BOC liaison for the EDC by acclamation.
III. Action on appointments to Boards & Commissions. (Board)
Municipal Planning Commission
Mayor Carmichael appointed Mr. Don Barber to serve a three year term on the Municipal Planning Commission.
Board of Appeals
Commissioner Plunk nominated Chad Maxwell.
Commissioner Hartz nominated Charles Thompson.
Vice-Mayor Anderson nominated Jo Ann Cohen.
Nomination for Chad Maxwell Nomination for Charles Thompson
Nomination failed, roll call, 2-3. Nomination carried, roll call, 4-1.
Plunk aye Plunk nay
Anderson nay Anderson aye
Hartz nay Hartz aye
Nicholson nay Nicholson aye
Carmichael aye Carmichael aye
Nomination for Jo Ann Cohen
Nomination carried, roll call, 5-0.
Plunk aye
Anderson aye
Hartz aye
Nicholson aye
Carmichael aye
Design Review Commission
Vice-Mayor Anderson nominated Jesse McCabe.
Commissioner Plunk nominated James Bacon.
Nomination for Jesse McCabe
Nomination carried, roll call, 3-1-1. (*)
(*)Anderson aye
Hartz aye
Nicholson nay
Plunk abstain
Carmichael aye
Vice-Mayor Anderson nominated Chad Maxwell
Commissioner Plunk nominated James Bacon
Nomination for Chad Maxwell
Nomination carried, roll call, 4-1.
Anderson aye
Hartz aye
Nicholson nay
Plunk aye
Carmichael aye
Vice-Mayor Anderson nominated Larry Hollingsworth.
Mayor Carmichael nominated Connie Hess.
Nomination for Larry Hollingsworth.
Nomination carried, roll call, 3-2.
Anderson aye
Hartz aye
Nicholson aye
Plunk nay
Carmichael nay
Economic Development Commission
Commissioner Nicholson nominated Pam Womack.
Commissioner Plunk nominated Josh Roman.
Nomination for Josh Roman
Nomination carried, roll call, 5-0.
Plunk aye
Anderson aye
Hartz aye
Nicholson aye
Carmichael aye
Commissioner Plunk nominated Connie Hess.
Commissioner Nicholson nominated Pamela Womack.
Nomination for Connie Hess
Nomination carried, roll call, 5-0.
Plunk aye
Nicholson aye
Anderson aye
Hartz aye
Carmichael aye
Commissioner Nicholson nominated Pamela Womack.
Commissioner Hartz nominated Jeff Moder.
Nomination for Pamela Womack
Nomination carried, roll call, 5-0.
Nicholson aye
Plunk aye
Anderson aye
Hartz aye
Carmichael aye
Parks & Recreation/Natural Resources Board
Commissioner Hartz nominated Clayton Rogers.
Vice-Mayor Anderson nominated Steve McHugh.
Nomination for Clayton Rogers
Nomination carried, roll call, 5-0.
Hartz aye
Anderson aye
Nicholson aye
Plunk aye
Carmichael aye
Commissioner Hartz nominated Steve McHugh.
Commissioner Plunk nominated James Bacon.
Nomination for Steve McHugh
Nomination failed, roll call, 2-2-1.
Hartz aye
Anderson aye
Nicholson nay
Plunk abstain
Carmichael nay
Nomination for James Bacon
Nomination carried, roll call, 3-2.
Plunk aye
Anderson nay
Hartz nay
Nicholson aye
Carmichael aye
Vice-Mayor Anderson moved for a five minute recess, seconded by Commissioner Hartz. Motion carried, voice vote, all in favor.
The meeting recessed at 7:40 p.m., Thursday, December 05, 2006.
The meeting reconvened at 7:45 p.m., Thursday December 05, 2006.
III. PUBLIC HEARING:
IV. CONSENT AGENDA:
1. Approval of Minutes of Previous Meetings:
a. Special Meeting Minutes, October 23, 2006, 6:15 p.m. (pgs. 01-02)
b. Regular Meeting Minutes, November 02, 2006, 6:30 p.m. (pgs. 03-07)
2. Approval of contract extension for All Star Waste Systems. (Wherry) (pg. 8)
3. Approval of final reading of an Ordinance of the City of Lakeland to amend Ordinance 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; and providing an effective date. (Jarrett) (pgs. 09-11)
4. Approval of final reading of an Ordinance requiring security to assure compliance with approved grading and erosion control plans for residential and commercial lots and amending Title 12, Chapter 2, Sections 12-203 of the Lakeland City Code. (Jarrett) (pg. 12)
5. Approval of the release of Letter of Credit for Southland Log Homes. (Lakin) (pg. 13)
6. Approval of Special Census. (Wherry) (pg. 14)
7. Approval of purchase of sirens for area around Lakeland Elementary as a special purchase without formal competitive bids. (Masin) (pg. 15 w/attachment)
8. Approval of BOC 2007 Retreat. (Wherry) (pg. 16)
9. Approval of 2007 Meeting Schedule. (Wherry/Higbee) (pg. 17)
With no objections, Commissioner Hartz removed #9 from the Consent Agenda.
Commissioner Hartz moved to approve the Consent Agenda as amended and adopt on final reading an Ordinance of the City of Lakeland to amend Ordinance 06-89 of the Comprehensive Fee Schedule which is incorporated in the Lakeland City Code; and providing an effective date and adopt on final reading an Ordinance requiring security to assure compliance with approved grading and erosion control plans for residential and commercial lots and amending Title 12, Chapter 2, Sections 12-203 of the Lakeland City Code, seconded by Commissioner Plunk.
Motion carried, roll call vote, 5-0.
Hartz aye
Plunk aye
Anderson aye
Nicholson aye
Carmichael aye
V. CONSIDERATION & POSSIBLE ACTION ON ITEMS REMOVED FROM THE CONSENT AGENDA:
9. Approval of 2007 Meeting Schedule. (Wherry/Higbee) (pg. 17)
Commissioner Hartz moved to approve a Resolution entitled: Resolution rescheduling certain BOC meetings, as amended, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.
IV. TREASURER’S REPORT: (pgs. 18-19)
Vice-Mayor Anderson moved to file the Treasurer’s Report, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.
V. PUBLIC DISCUSSION:
VI. REPORTS FROM COMMITTEES, MEMBERS OF THE BOARD OF COMMISSIONERS & OTHER OFFICERS:
¯ Presentations ~Taken out of order~
¯ Update on plat violation in Oakwood Addition. (Lakin) ~Taken out of order~
¯ Update on Natural Resources Inventory. (Bridges) (pg. 20)
Commissioner Hartz read report from Natural Resource Director.
¯ Update on Ambulance Service. (Wherry/Masin) (pgs. 21-22)
Chris Masin reported on previously reviewing the service agreement (2004) and discovered that cost would be doubled to reduce the average response call to minute and a half.
¯ Update on stormwater violation on Garner Lake. (J. Smith) (pgs. 23-25)
Jonathan Smith reported on Report submitted in the packet.
VII. SEWERAGE COMMISSION BUSINESS:
1. Action on WWTP Change Order 5. (Jarrett) (pgs. 26-46) ~Taken out of order~
VIII. OLD BUSINESS:
IX. NEW BUSINESS:
1. Action on approval of audit for Fiscal Year ending June 30, 2006. (Wherry) (pgs. 47-48)
Vice-Mayor Anderson moved to approve a Resolution entitled: Resolution approving audit for FY ending June 30, 2006, seconded by Commissioner Plunk. Motion carried, voice vote, all in favor.
2. Action on authorizing Interim City Engineer. (Wherry) (pgs. 49-54)
Vice-Mayor Anderson moved to approve a Resolution entitled: Authorizing Contract for Interim City Engineer, seconded by Commissioner Nicholson. Motion carried, roll call vote, 5-0.
Anderson aye
Nicholson aye
Hartz aye
Plunk aye
Carmichael aye
3. Action on traffic control devices at Highway 70 & Canada Road. (Jarrett) (pgs. 55-75)
a. Action on a resolution supporting a roadway safety audit and requesting support from Shelby County, the Town of Arlington and the City of Bartlett. (Wherry) (pgs. 76-77) ~Taken out of order~
4. Action on request for contract amendment (Change Order-extending time) for Fletcher Trace Project. (Masin) (pgs. 78-81)
Commissioner Hartz moved to postpone action indefinitely on the request for contract amendment (Change Order – extending time) for Fletcher Trace Project, seconded by Vice-Mayor Anderson. Motion carried, voice vote, all in favor.
5. Action on authorizing the City Attorney to take appropriate action to collect delinquent taxes. (Wherry) (pgs. 82-88)
Vice-Mayor Anderson moved to approve a Resolution authorizing City Attorney to take appropriate action to collect delinquent taxes, seconded by Commissioner Nicholson. Motion carried, voice vote, all in favor.
6. Action on first reading of an Ordinance to amend Article I, Title Intent and Purpose; Article II, Definitions; Article III, Establishment of Districts, Official Zoning Map and General Provisions; Article IV, Schedule of District Regulations and Site Plan Review; Article VI, Planned Developments; Article XII, Board of Appeals; Article XIII, Amendments; Article XIV, Streamside Management Buffer Requirements of the City of Lakeland Zoning Ordinance; providing an effective date. (Higbee) (pgs. 84-85)
Vice-Mayor Anderson moved to adopt on first reading an Ordinance to amend Article I, Title Intent and Purpose; Article II, Definitions; Article III, Establishment of Districts, Official Zoning Map and General Provisions; Article IV, Schedule of District Regulations and Site Plan Review; Article VI, Planned Developments; Article XII, Board of Appeals; Article XIII, Amendments; Article XIV, Streamside Management Buffer Requirements of the City of Lakeland Zoning Ordinance; providing an effective date, seconded by Commissioner Hartz.
Motion carried, roll call vote, 5-0.
Anderson aye
Hartz aye
Nicholson aye
Plunk aye
Carmichael aye
7. Action on first reading of an Ordinance to amend Title 14, Chapters 9, 10, and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards); providing and effective date. (Higbee) (pgs. 86-87)
Commissioner Hartz moved to adopt on first reading an Ordinance to amend Title 14, Chapters 9, 10, and 11 (Landscaping and Screening Requirements, Site Lighting Requirements, and Architectural Design Standards); providing and effective date, seconded by Commissioner Nicholson.
Motion carried, roll call vote, 5-0.
Hartz aye
Nicholson aye
Anderson aye
Plunk aye
Carmichael aye
8. Action on appointments to Boards & Commissions. (Board) ~Taken out of order~
9. Action on appointment of BOC liaisons to various Boards & Commissions. (Boards) ~Taken out of order~
X. ANNOUNCEMENTS:
XI. ADJOURNMENT: There being no other business to take action on, Commissioner Plunk moved to adjourn the meeting, seconded by Mayor Carmichael. Motion carried, voice vote, all in favor.
The meeting adjourned at 8:25 p.m., Thursday, December 05, 2006.
These minutes were approved Thursday, January 04, 2007.
Scott Carmichael, Mayor
ATTEST:
Sontidra Franklin, City Recorder