A.        The regular session of the Rutherford County Board of Commissioners was called to order by Madam Chairman, Nancy R. Allen on Thursday, February 14, 2002 at 6:00 p.m. in the Courtroom located on the second floor of the Rutherford County Courthouse in Murfreesboro, Tennessee.

B.        Court Chaplain Trey Gooch led the Invocation.

C.       Commissioner Carol Cook 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 17, 2002 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTIONS OF SYMPATHY

1.      The Resolution of Sympathy in memory of Roberta Joyce Fitzhugh was adopted.

2.      The Resolution of Sympathy in memory of Leonard E. Hurst was adopted.

3.      The Resolution of Sympathy in memory of John Claude Jones, Sr. was adopted.

G.       RESOLUTIONS OF RECOGNITION

1.      The Resolution of Recognition in honor of Patsy Brown was adopted.

H.        RESOLUTIONS OF APPRECIATION

1.              The Resolution of Appreciation in honor of Joe Black Hayes was adopted.

I.            Certificates of Appreciation were presented to past and present members of the Rutherford County Public Building Authority.

J.         PUBLIC COMMENTS

1.  No One Spoke

K.        ELECTIONS & CONFIRMATIONS

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

2.      Four vacancies on the Equalization Board were announced.

3.      Crissy Porter and Katie Varossa were appointed to serve as Judicial Commissioners for a term not to exceed four years and such term to conclude and terminate if and when the term is concluded or the service with Rutherford County is terminated.  Susan Keith and Kim Cagle were reappointed to serve as Judicial Commissioners for a term not to exceed four years and such term to conclude and terminate if and when the term is concluded or the service with Rutherford County is terminated.

4.      William J. Strang, Jr. was appointed to serve on the Conservation Board.

5.      Linda Lichtenberger was appointed to serve as an alternate on the Board of Zoning Appeals to expire October, 2002.

6.      Richard E. “Rick” Wise was elected to serve on the School Board.

L.     UNFINISHED BUSINESS

   1.    No report.

M.   PUBLIC HEARINGS-6:30 P.M.

1. No one spoke for or against at the Public Hearing held with regard to the request from Herman P. Waddell, Sr.  The request to rezone property located at John Bragg Highway from Residential-15/Retail and Wholesale Trade to a Conditional Use Permit for 5521 – Motor Vehicle Dealers (Used Only), 7538 – General Automotive Repair Shops, and Type “B” Mobile Home on a parcel of less than five acres in the Residential-15 Zone was approved along with the 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 Martha Beard.  The request to rezone property located at 7778 Couchville Pike from Residential-15 to a Conditional Use Permit for 7241 – Barber Shop was approved along with the 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 Pamela J. Moss.  The request to rezone property located at 5855 Shelbyville Pike from Residential-15 to a Conditional Use Permit for 5411 – Convenience Stores was approved along with the conditions as recommended by the Rutherford County Planning Commission.
4. Mike Rounsaville spoke for and John Sowell and Mattie Sowell spoke against at the Public Hearing with regard to the request from Kenneth and Dorothy Rounsaville.  The request to rezone property located at 6365 Shelbyville Pike from Residential-15/Commercial to a Conditional Use Permit for 5261 – Retail Nurseries and Lawn and Garden Supplies Stores was approved along with the conditions as recommended by the Rutherford County Planning Commission.
5. No one spoke for or against at the Public Hearing held with regard to the request from Allen Gambill, Jr.  The request to rezone property located at 9730 Shelbyville Pike from Residential-15 to a Conditional Use Permit for 5084 – Retail sales of Industrial trucks and Equipment and 7699 – Industrial Trucks and Equipment repair shop was approved along with the conditions as recommended by the Rutherford County Planning Commission.
6. No one spoke for or against at the Public Hearing held with regard to the request from Karen Brown.  The request to rezone property located at 7052 West Gum Road from Residential-15 to a Conditional Use Permit for 5331 – Single Seller Flea Market was approved along with the conditions as recommended by the Rutherford County Planning Commission.
7. A Public Hearing was held with regard to the proposed Amendment to the Rutherford County Zoning Resolution, Article XIII, Section 13.01, One Building Per Lot.  The Zoning Resolution Amendments was adopted as recommended by the Rutherford County Planning Commission.

N.   REPORTS BY STANDING COMMITTEES

1. PURCHASING COMMITTEE

a.      A recommendation to approve the monthly Purchasing Committee Report was adopted.

2.      BUDGET, FINANCE & INVESTMENT COMMITTEE

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

1.      Ambulance Service

2.      Sheriff’s Department

b.      A recommendation to amend the Local Tax Fund Budget with regard to the Smyrna Animal Services Location was adopted.

c.      A recommendation to amend the Special Purpose Fund Budget with regard to Christy Houston Foundation and the Domestic Violence Grant was adopted.

d.      A recommendation to amend the General Debt Service Fund Budget with regard to the remaining balance of the 1995 County Office Building Project was adopted.

e.      A recommendation to defer rebidding of the Employee Health Benefits until 2003 was adopted.

f.        A Resolution approving the initial bond resolution for the purpose of constructing and equipping Christiana Middle School was adopted.

g.      A Resolution approving the General Bond Resolution for the purpose of constructing and equipping Christiana Middle School was adopted.

3.      HEALTH & EDUCATION COMMITTEE

a.      No Report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      No Report.

5.  PUBLIC SAFETY COMMITTEE

a.      A Resolution to authorize a Mutual Aid Agreement for provision of Emergency Assistance to other Local Governments by Rutherford County was adopted.

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.        A Resolution to approve a Tri-Party Agreement between Rutherford County, Rutherford County Road Board and Public Building Authority for construction of a new Highway Department Building was adopted.

b.        A Resolution to approve a Contract with the Tennessee Department of Transportation for road improvements on State Route 96 from State Route 840 to Overall Creek was adopted.

c.        A Resolution to approve charging a fee of $25.00 per ton at the Rutherford County Landfill for construction and demolition waste  and to continue to accept up to ten non-manifested tires from individuals was adopted.

7.      STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      No Report.

8.   ANY OTHER BUSINESS   

a.       Brian Robertson reported on the light bulb that blew during the meeting and the voting machine.

b.       The rules were suspended to allow Jennifer Smith to speak about flood damage to homes in the Greenway Subdivision.  A motion was made with regard to the Rutherford County Planning Commission giving a full report on the flooding study at the next Commission meeting with recommendations regarding Greenway Subdivision, Section IV and have the Rutherford County Planning Commission Staff at the meeting for questions and answers.  The motion was amended with regard to the Rutherford County Planning Commission and the Rutherford County Engineer to give a full report to the Public Works Committee instead of the Commission.   A motion to direct the Rutherford County Planning Commission to address the issue of subdivision regulations regarding the flooding issue and to send recommendations back to the Rutherford County Board of Commission was approved.

There being no further business, Madam Chairman, Nancy R. Allen adjourned the Rutherford County Board of Commissioners Legislative Meeting at 8:40 p.m.

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Ed (Sonny) Elam, Rutherford County Clerk

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Jennifer Boyd, Deputy Clerk