A.        Chairman Nancy R. Allen called the regular session of the Rutherford County Board of Commissioners to order on Thursday, February 13, 2003 at 6:00 p.m. in the Courtroom located on the second floor of the Rutherford County Courthouse in Murfreesboro, Tennessee.

B.        Commission Court Chaplain, Trey Gooch led the Invocation.

C.       Commissioner Gary Farley led the Pledge of Allegiance to the Flag of the United States of America.

D.       Twenty-one Rutherford County Board of Commissioners were present for the Legislative Meeting.

E.        The January 23, 2003 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTIONS OF SYMPATHY

1.         The Resolution of Sympathy in memory of J. C. Hellum was adopted.

2.         The Resolution of Sympathy in memory of Jane Thompson Williams was adopted.

G.       RESOLUTIONS OF RECOGNITION

1.  The Resolution of Recognition in honor of Bart Walker was adopted.

H.        PUBLIC COMMENTS

1.      Betty Miller spoke with regard to the Animal Shelter location.

2.      Jenny Vining spoke with regard to the Animal Shelter location.

3.      Teresa Smith spoke with regard to the Animal Shelter location.

4.      Sean Smith spoke with regard to the Animal Shelter location.

5.      Mary Ann Underwood spoke with regard to the Animal Shelter location.

6.      Larry Miller spoke with regard to the Animal Shelter location.

7.      Scott Perkins spoke with regard to the Animal Shelter location.

8.      Debra Brown spoke with regard to the Animal Shelter location.

9.      Richard Baines spoke with regard to possible litigation with Swanson Development.

10.  Ann Raymond spoke with regard to the Animal Shelter location.

11. Pennie Jekot spoke with regard to the Animal Shelter location.

I.            ELECTIONS & CONFIRMATIONS

1.      The Notary Public-at-Large Applications, as presented by the Office of the Rutherford County Clerk, were approved.

2.      The appointment of Clarence Brandon to the Conservation Board was confirmed.

3.      The appointment of John Davis as District 7 Constable was confirmed.

4.      The appointment of Suzanne Kauffman as Judicial Commissioner was confirmed.

5.      The reappointment of Helene Colvin to the Smyrna/Rutherford County Airport Authority was confirmed.

J.    UNFINISHED BUSINESS

   1.  No Report.

K.    PUBLIC HEARINGS-6:30 P.M.

1. No one spoke for or against at the Public Hearing held with regard to the request from Champions Run Golf Course.  The request to rezone property located at State Route 99 from Residential-15 to a Conditional Use Permit A-596 for an off premise directional sign was approved along with conditions as recommended by the Rutherford County Planning Commission.
2. No one spoke for or against at the Public Hearing held with regard to the request from Champions Run Golf Course.  The request to rezone property located at State Route 99 from Residential-15 to a Conditional Use Permit A-597 for an off premise directional sign was approved along with conditions as recommended by the Rutherford County Planning Commission.
3. No one spoke for or against at the Public Hearing held with regard to the request from Earl A. Irish, Sr.  The request to rezone property located at 3605 Old Woodbury Pike from Residential-8 to Services with a Conditional Use Permit to allow a General Automotive Repair Shop was approved along with conditions as recommended by the Rutherford County Planning Commission.

L.  REPORTS BY STANDING COMMITTEES

1. PURCHASING COMMITTEE

a.      The purchasing committee report as mailed out was adopted.

2.      BUDGET, FINANCE & INVESTMENT COMMITTEE

a.      A recommendation to amend the General Fund with regard to the following was adopted:

1.      Building Codes

2.       General Sessions Court

3.      Soil Conservation

4.      Ambulance Service

5.      Sheriff’s Department (3)

b.      A resolution authorizing the Ambulance Service Director to hire a temporary employee to work in the place of an employee who has been out due to a job related injury was adopted.

c.      A resolution authorizing the County Executive to execute any and all documents with regard to the Byrne Grant for the Drug Court Coordinator was adopted.

d.       A resolution to approve the petty cash account for the Sheriff’s Department be increased from seven hundred fifty dollars ($750.00) to one thousand dollars ($1,000.00) was adopted.

e.      A resolution to amend the Solid/Waste Sanitation Fund was adopted.

f.        An update regarding the Finance Director search was presented by Commissioner Joyce Ealy.  The rules were suspended to allow Sherry McCullough, Director of Holland Consulting, to address the Board.

g.      A report from the Audit Committee was presented.

h.      A resolution regarding the reapplication for the Transportation Enhancement Program Grant to establish a Visitor’s Center on the Agriculture Extension Center Property located on John Rice Boulevard was adopted.

3.      HEALTH & EDUCATION COMMITTEE

a.      No report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      A resolution to approve that the new Animal Services Facility be located on John Rice Boulevard was brought up.  Commissioner Tina Jones read a letter from Gary Chapman.  A motion was brought up to call for the previous question but the motion failed.  The rules were suspended to allow Tracy Hill to address the Board.  A motion to call for the previous question was again brought up and adopted.  After discussion, the original resolution was adopted.

b.      A resolution approving the unexpended monies from the original $2,400,000.00 appropriation be made available to and utilized by the Public Building Authority for completion of the Animal Services Facility project on John Rice Boulevard was brought up but later amended.  An amendment that the $21,652.56 from a special fund be added to the money appropriated in the original resolution was adopted.  Amendment #2 that instead of repairing the incinerators at the existing location, that we look into purchasing, with the remaining funds, a new incinerator was adopted.  The original motion as amended twice was adopted.

c.      A resolution authorizing the Highway Department to relocate the dirt located on the wetlands site to another location on the tract not in the wetlands to be in compliance with the Notice of Violation was adopted.

d.      A resolution to approve the renovation of the HVAC for the Judicial Building with Southern States Electric Company was adopted.

e.      A resolution approving that the District Attorney be allowed to use the vacated space on the second floor of the Judicial Building for his office staff needs including conducting Grand Jury was adopted.

      5.  PUBLIC SAFETY COMMITTEE

a.      No report.

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.      A resolution to approve an agreement with Goodwill Industries was adopted.

b.      A resolution to approve that all signs at Rutherford County Convenience Centers be changed was adopted.

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      A resolution requesting the County Clerk’s office update the Commissioner’s handbook to reflect the incorporation of the video tape of the County Commission meetings as Exhibit “1” to the minutes of each Commission meeting was adopted.

b.      A resolution to request an amendment to the Provisions of Tennessee Code Annotated 68-8-104 to add subsection (h) applicable to Rutherford County for collection of animal registration fees from the County Trustee to the Animal Control Director was adopted.

8. ANY OTHER BUSINESS

A resolution to amend the restrictive covenants previously imposed upon the Lane property owned by Rutherford County was adopted.

A motion to proceed with employing Blackburn and McCune and that we cap the cost at $7,500.00 with an appropriate budget transfer was adopted.

A motion to approve a tri-party agreement authorizing the County Executive to enter into a tri-party agreement for the purpose of proceeding with the Animal Services Facility project in accordance with the resolutions passed tonight.

There being no further business, Madam Chairman, Nancy R. Allen adjourned the Rutherford County Board of Commissioners Legislative Meeting.

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                                                            Georgia Lynch, Rutherford County Clerk

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                                                                    Jennifer Boyd, Legislative Secretary