A.        Chairman Nancy R. Allen called the regular session of the Rutherford County Board of Commissioners to order on Thursday, March 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 Allen McAdoo 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 February 13, 2003 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTIONS OF APPRECIATION

1.         The Resolution of Appreciation in honor of Henry Koch was adopted.

G.       PUBLIC COMMENTS

1.      Jim Bolinger spoke with regard to the Siegel Stadium.

2.      Dan Sinclair spoke with regard to the litigation with Swanson Development.

3.      Richard Baines spoke with regard to the litigation with Swanson Devlopment.

4.      Dave Roesler spoke with regard to flooding in various subdivisions.

5.      Eddie McAteer spoke with regard to flooding in various subdivisions.

H.        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 Keena Deal as Judicial Commissioner was confirmed.

3.      The item regarding hiring Lara Hilliard as the HR Director was moved up on the agenda.  The rules were suspended to allow Lara Hilliard to address the Board.  After discussion, the appointment of Lara Hilliard was confirmed.

I.    UNFINISHED BUSINESS 

   1.  No Report.

J.    PUBLIC HEARINGS-6:30 P.M.             

1. No one spoke for or against at the Public Hearing held with regard to the request from Jay Bunt.  The request to rezone property located on Shacklett Road from Residential-15 with a Conditional Use Permit to allow landscaping services 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 Allen J. Gambll, Jr.  The request for a temporary conditional use permit for property located at 7211 Shelbyville Pike for wholesale trade with temporary conditional use permit to allow resource extraction, including blasting was approved with conditions but a motion was made to change from an eighteen (18) to a twenty four (24) month review and to add a provision for an extension if not complete was adopted.

K.  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.      Property Assessor (2)

2.       Youth Services

3.      Juvenile Accountability Incentive Block Grant

4.      Animal Services

5.      Chancery Court

6.      Sheriff’s Department (3)

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

c.      A resolution to approve a STOP grant for Domestic Violence was adopted.

d.       A resolution to approve a Bryne Grant to be used for video arraignment was adopted.

e.      A resolution to submit a Letter of Intent to the Tennessee Emergency Management Agency relative to the application for a Local Hazard Mitigation Planning Grant and a Flood Mitigation Assistance Grant was adopted.

f.        The following recommendations from the Insurance Committee were presented:

1.      A resolution to provide full insurance coverage on the three large vehicles in the Solid Waste
         Department that are more than five years old was adopted.

2.    A resolution to amend the Self-Funded Plan Document to comply with the requirements of Code
       164.504(f) of the Health Insurance Portability and Accountability Act of 1996 was adopted.

g.      A resolution with regard to the loan repayment for the employee insurance fund was adopted.

h.      A resolution approving a premium rate increase of 25% for the Employee Insurance Fund brought up but later amended.  The amendment to change the premium rate increase percentage to 30% instead of 25% was adopted.

i.        The following resolutions regarding inducement agreements through the Industrial Development Board were presented.

1.      A resolution to approve the financing by the Industrial Development Board in the amount not to
         exceed Ten Million Dollars ($10,000,000.00) to assist Estes Express Lines, Inc. was adopted.

2.      A resolution to approve the financing by the Industrial Development Board in the amount not to
         exceed Eleven Million Dollars ($11,000,000.00) in real property to assist Corporate Capital &
         Development, Inc. was brought up.  The rules were suspended to allow Mark Harbison to address
         the Board.  An amendment was made to send the inducement agreement back to the Industrial
         Development Board and to have the exclusivity agreement regarding the five year limitation be
         limited to Murfreesboro.  Upon the vote, the amendment failed.  The vote on the original motion
         was adopted.

3.      A resolution to approve the financing by the Industrial Development Board in the amount not to
         exceed Sixteen Million Dollars ($16,000,000.00) in real property to assist Corporate Capital &
         Development, Inc. was adopted.

j.         A resolution to authorize only fixed rate financing on any future long-term debt until the Board of Commissioner vote otherwise was brought up.  The rules were suspended to allow Tom McAulty and Paul Long to address the Board.  After discussion, the motion was adopted.  A motion to request that TCSA come to the Budget Committee next month to do a presentation regarding variable rates and their program, as well as our financial advisor regarding the fixed rate was adopted.  Commissioner Ealy recommended that everyone attend the next Budget meeting to hear the presentation.

k.      An initial bond resolution authorizing the issuance of General Obligation School and Public
Improvement Bonds not to exceed thirty million one hundred fifteen thousand dollars ($30,115,000.00) was adopted.

l.         A final bond resolution authorizing the issuance of General Obligation School and Public Improvement Bonds not to exceed thirty million one hundred fifteen thousand dollars ($30,115,000.00) was adioted.

m.    A resolution authorizing the issuance of General Obligation Refunding Bonds, Series 2003 not to exceed seventeen million five hundred ninety thousand dollars ($17,590,000.00) was adopted.

n.      A resolution approving the funding for the construction of Agri-Park Drive, including turn lanes and the tap fees to the City of Murfreesboro for water and sewer was adopted.

o.      A resolution approving the funding to hire the law firm of Blackburn & McCune to proceed with litigation on the property purchased from Swanson Development, LP located on Capt. Joe Fulghum Drive was brought up.  The rules were suspended to allow Gary Blackburn to address the Board.  After discussion, the original motion was adopted.      

3.      HEALTH & EDUCATION COMMITTEE

a.      No report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      A resolution to approve the lease agreement with William and Angela Barrett for leasing the property located at 3009 Guy James Road was adopted.

b.      A resolution authorizing the County Executive to execute and enter into a lease agreement for the entire Guy James farm property when awarded by the Purchasing Committee was adopted.

c.      A resolution approving the acceptance of the offer from Waterbridge to do any normally anticipated excavation work at the Lane Agri-Park for the new Animal Services facility at no cost to the County was adopted.

d.      A resolution to approve a contract related to the construction of a mainline water and/or sewer with the City of Murfreesboro, subject to approval of the County Attorney, related to the development of the Lane Agri Park was adopted.

e.      The rules were suspended to allow Commissioner Tina Jones to read a resolution that was not on the agenda regarding the Lane Agri-Park.  A resolution approving that Rutherford County shall construct in accordance with City standards the necessary improvements to John Rice Boulevard was adopted.

      5.  PUBLIC SAFETY COMMITTEE 

a.      A resolution approving a Community Correctional Services agreement between Rutherford County and BI Incorporated was adopted.

b.      A resolution to approve an increase for the Emergency Medical Service charges was adopted. 

c.      A resolution approving the limitation of the adoption of no more than a total of three pets in one calendar year was adopted.

6.   PUBLIC WORKS & PLANNING COMMITTEE 

a.      A request regarding the City of Murfreesboro to waive tipping fees was brought up.  The rules were suspended to allow Rob Lyons to address the Board.  A motion to deny the request from the City of Murfreesboro was adopted.

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      A resolution of appreciation for the Animal Services Department and Community Volunteers was adopted

8. ANY OTHER BUSINESS

a.  No report.

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