A.        The regular session of the Rutherford County Board of Commissioners was called to order by Madam Chairman, Nancy R. Allen on Thursday, March 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 Steve Sandlin 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 14, 2002 Legislative Meeting Minutes were adopted as typed. 

F.       The Rules were suspended to allow Commissioner Allen McAdoo to address the Board of Commissioners with regard to a Resolution passed by the Commission on June 17, 1999 relative to the displaying of the Ten Commandments.

G.       PUBLIC COMMENTS 

1.      Elyce Helford spoke against posting the Ten Commandments in the Courthouse.

2.      Chad Crouse spoke against posting the Ten Commandments in the Courthouse.

3.     Stuart Bernstein spoke against posting the Ten Commandments in the Courthouse.

4.      Heather Ray spoke in favor of posting the Ten Commandments in the Courthouse.

5.      Lon Nuell spoke against posting the Ten Commandments in the Courthouse.

6.      Lucas Leverett spoke against posting the Ten Commandments in the Courthouse.

7.     Matthew Pauley spoke against posting the Ten Commandments in the Courthouse.

8.     Donald Kendrick spoke against posting the Ten Commandments in the Courthouse.

9.      David Garth spoke against posting the Ten Commandments in the Courthouse.

10.  Mike Hoffman spoke in favor of posting the Ten Commandments in the
Courthouse.

11.  James Avaritt spoke in favor of posting the Ten Commandments in the
 Courthouse.

H.        ELECTIONS & CONFIRMATIONS 

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

2.      Talmadge Gilley, Laughlin Youree, Lee Victory and Albert Nelson were appointed
 to serve on the Equalization Board for a two-year term.

I.   UNFINISHED BUSINESS 

   1.    No report.

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

1. Severn Emel spoke against at the Public Hearing held with regard to the request from Richard Radford.  The request to rezone property located at 9497 Old Nashville Highway from Residential-15 to Services with a Conditional Use Permit for 7538 – Automotive Repair Shops and 7549 – Automobile Towing Services was denied 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 Ronald A. Kliewer.  The request to rezone property located at 550 Barfield Crescent Road from Residential-15 to a Conditional Use Permit for Welding Shop and manufacturing/fabrication of small precision and/or specialized parts 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 Paulette Rogers.  The request to rezone property located at 3641 John Bragg Highway from Residential-15 to Retail and Wholesale Trade with a Conditional Use Permit for 5191 – Wholesale Nursery was approved along with the conditions as recommended by the Rutherford County Planning Commission.
    
4. Joseph Cannella spoke in favor and no one spoke against at the Public Hearing with regard to the request from Ken Gardner.  The request to rezone property located at 8007 Old Nashville Highway from Residential-15 to Retail and Wholesale Trade with a Conditional Use Permit for 152 – General Bulding contractors – Residential building, 5731 – Carpet Services, and 5932 – Antique Stores was denied but will be allowed to re-apply after nine months.
    
5. No one spoke for or against at the Public Hearing held with regard to the request from Michael W. Hosse.  The request to rezone property located at 7588 John Bragg Highway from Residential-15 to Agricultural Services with a Conditional Use Permit for horse and rider training and single dwelling in the agricultural services zone was approved along with the conditions as recommended by the Rutherford County Planning Commission.
    
6. The rules were suspended for the next item not on the agenda.
    
7. A motion to change the conditions relative to the number of vehicles in the parking lot with regard to the rezoned property of Allen Gambill, Jr. located at 9730 Shelbyville Pike was offered but later withdrawn.

K.   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.      Employee Benefits

2.      Sheriff’s Department

b.     A recommendation to amend the Industrial/Economic Development Fund with regard to the funding for one-half the cost of providing utilities to Envirotest was adopted.

c.      A recommendation to amend the Local Purpose Tax Fund Budget with regard to Youth Services and Building Codes was adopted.

d.     A recommendation to approve an amended Contract with the State of Tennessee with regard to providing detention services to children ages 13 through 19 years was adopted.

e.     A recommendation to amend the General Purpose School Fund Budget was adopted.

f.        A motion approving the funding for an Eagleville Stadium Complex was offered.  An amendment to the motion to put a hold on the complex for one year was made and later failed.  The rules were suspended to allow Mr. Pate to address the Commission with regard to the stadium.  The original motion was adopted as first presented.

g.     A Resolution approving Bonds to fund the construction and equipping of the Siegel High School and Stadium Complex was adopted.

h.      A Resolution authorizing the County Executive to execute a contract with the RM Plan Group with regard to planning services was adopted.

3.      HEALTH & EDUCATION COMMITTEE

a.     No Report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.    A Resolution authorizing the County Executive to enter into a Ground Lease Agreement with Envirotest Systems Corporation with regard to conducting automobile emissions testing in Smyrna was adopted.

5.  PUBLIC SAFETY COMMITTEE

a.       A Resolution authorizing the appropriate officials for an on behalf of Rutherford County to enter into and execute a Grant Agreement with the State of Tennessee, Department of Military, and Tennessee Emergency Management Agency was adopted.        

      6.  PUBLIC WORKS & PLANNING COMMITTEE

a.     A Resolution to approve the speed limit of 40 m.p.h. for all vehicles
        traveling on Mt. Vernon Road was adopted.

b.    A Resolution to support the continuation of the current structure of dedicated user fees for funding the interstate, highway and bridge  system of the State of Tennessee was adopted.    

7.  STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE 

a.      A Resolution to ratify Private Chapter No. 81, House Bill No. 2373
relative to the Rutherford County Purchasing Committee was adopted.

b.      A motion to post the Ten Commandments in the Courthouse was offered. 
An amendment to the motion to ask the Steering Committee to look into posting other historical documents in addition to posting the Ten Commandments was made but later withdrawn.  A second amendment to the motion to delay posting the Ten Commandments for 60 days was made but failed by roll call vote.  A third amendment to the motion was made to require the County Executive to post the Ten Commandments within thirty-five days and that the Steering Committee make recommendations regarding other historical documents to be displayed in the Courthouse was later approved.  The original motion as amended by amendment number three 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 at 9:29 p.m.

 _____________________________________

Ed (Sonny) Elam, Rutherford County Clerk

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                                                            Jennifer Boyd, Deputy Clerk