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

B.        Board of Commissioners Court Chaplain Paul Johnson, led the Invocation.

C.       Commissioner Jimmy Evans 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 Board of Commissioners adopted the February 15, 2001 Legislative Meeting Minutes as typed.

F.        RESOLUTIONS OF SYMPATHY

1.         The Board of Commissioners adopted a Resolution of Sympathy in memory of Henry B. Lane.

2.         The Board of Commissioners adopted a Resolution of Sympathy in memory of Anna E. Lilly.

G.   PUBLIC COMMENTS

1.      Paul Diamond addressed the Rutherford County Board of Commissioners regarding the city sewer line to the Buchanan Road Interchange. 

2.      Larry Sizemore addressed the Rutherford County Board of Commissioners regarding the city sewer line to the Buchanan Road Interchange.

3.      Tom Strickland addressed the Rutherford County Board of Commissioners regarding the city sewer line to the Buchanan Road Interchange.

H.        ELECTIONS & CONFIRMATIONS

1.      The Board of Commissioners approved the Notary Public-at-Large Applicant List as mailed out by the Office of the Rutherford County Clerk.

I.   UNFINISHED BUSINESS

      1.  No Report.

J.   PUBLIC HEARINGS-6:30 P.M.

1. Ritchie Bros. Auctioneers request for rezoning was withdrawn.
2. The Board of Commissioners held a Public Hearing on the request from Donald L. Bruce for property located on Majesty Drive for a Conditional Use Permit to allow 5021 – Lawn Furniture and 5039 – Prefabricated Buildings in the Residential-20 Zone. Pleais Hampton spoke in regard to ensuring the petition submitted opposing the rezoning be made part of the public record.  The Board of Commissioners then approved the request along with the conditions as recommended by the Rutherford County Planning Commission.
3. The Board of Commissioners held a Public Hearing on the request from Carl D. Montgomery to rezone property located at 10321 Rockvale Road from Residential-20 to Retail and Wholesale Trade with a Conditional Use Permit to allow 5399 – Retail Farm Supply Store and Mill in the Retail and Wholesale Trade Zone.  No one spoke for or against the request.  The Board of Commissioners then approved the request along with the conditions as recommended by the Rutherford County Planning Commission.
4. The Board of Commissioners held a Public Hearing on the request from Mark Watts to rezone property located at 992 Murray Kittrell Road for a Conditional Use Permit to allow 2511 – Wood Household Furniture in the Residential-20 Zone.  No one spoke for or against the request.  The Board of Commissioners then approved the request along with the conditions as recommended by the Rutherford County Planning Commission.

K.  REPORTS BY STANDING COMMITTEES

1. PURCHASING COMMITTEE

a.      The Board of Commissioners adopted the Purchasing Committee Report as mailed out.

2.      BUDGET, FINANCE & INVESTMENT COMMITTEE

a.      The Board of Commissioners approved the General Fund Budget Amendments with regard to the following:

1.     Information Technology

2.     Agriculture Extension

3.     Health Department

4.     General Sessions

5.     Animal Services

6.     Ambulance Service

7.     Emergency Management – The recommendation that the County Executive be authorized to execute the Grant Agreement between Rutherford County and the State of Tennessee, Department of Military, Tennessee Emergency Management Agency for the Hazardous Materials Emergency Preparedness Grant.

b.      The Board of Commissioners adopted the General Purpose School Fund Budget Amendments.

c.      The Board of Commissioners adopted a Resolution approving the purchase of property from Thomas M. Lane consisting of 45.1 acres located in Rutherford County, Tennessee at Gresham Lane and John Rice Boulevard for the sum of Two Million Two Hundred Fifty-Five Thousand Dollars ($2,255,000.00).  The Board of Commissioners also approved a recommendation that the Local Purpose Tax Fund (Development Tax) be amended to appropriate funds for a down payment on the site for the new Agricultural Extension Facility.  The Board of Commissioners then adopted a Resolution authorizing the issuance of Interest Bearing General Obligation Land Acquisition Capital Outlay Notes in an aggregate principal amount not to exceed two million dollars ($2,000,000.00).  

d.      The Board of Commissioners adopted the following Debt Service Fund Amendments:

1.     Appropriate Proceeds from Bond Issues

2.     Approve a recommendation to purchase a front-end loader for the Convenience Center at a cost not to exceed One Hundred Fifty Thousand Dollars ($150,000.00).  The Board of Commissioners also approved a Resolution authorizing the issuance of an Interest Bearing Capital Outlay Note in the principal amount of not to exceed One Hundred Fifty Thousand Dollars ($150,000.00).

e.      The Board of Commissioners adopted the Solid Waste/Sanitation Fund Budget Amendment.

f.        The Board of Commissioners adopted a Resolution appropriating funds in the amount of Three Hundred Thirty Four Thousand Two Hundred Sixteen Dollars ($334,216.00) to be utilized for the infrastructure improvements related to the Siegel School Complex, and to include the Thompson Lane Improvement Project. 

g.      The Board of Commissioners adopted a Resolution designating funds for the construction of an interchange connector road between I-24/Elam Road Interchange and U.S. 231 (South Church Street).

3.      HEALTH & EDUCATION COMMITTEE

a.      No Report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      The Board of Commissioners adopted a Resolution to approve the renewal of the lease agreement with DeeAnn Nicodemus for leasing property known as 3005 Guy James Road, Lascassas, Tennessee.

      5.  PUBLIC SAFETY COMMITTEE

a.      The Board of Commissioners adopted a Resolution to approve a Grant Agreement between the State of Tennessee, Department of Military, Tennessee Emergency Management Agency and Rutherford County for the provision of pass through funding to subsidize emergency management.

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.      No Report.

7.      STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      The Board of Commissioners adopted a Resolution supporting the Legislative amendment of Tennessee Code Annotated 5-5-102 relative to the membership of county legislative bodies in Class 2 Counties.

b.      The Board of Commissioners was presented a Resolution regarding litigation with the Town of Smyrna for any unpaid funds, which may be owed to Rutherford County as a result of the operations of the General Sessions Court in the Town of Smyrna.  No vote was taken at this time.  The following amendment was then offered:

“That the issue be sent back to the Steering, Legislative & Governmental Committee with the condition that the Town of Smyrna provide the Committee information regarding the number of General Sessions cases brought before the Court every year since its inception (approximately seven and one-half years ago); the amount of fines and bond forfeitures collected each year since inception; the estimated costs related to operating the General Sessions Court; and results of a survey to be sent to other Tennessee municipalities currently operating a General Sessions Court and ascertaining how those fines and forfeitures are handled.”

No vote was taken at this time.  The Board of Commissioners then   suspended the Rules to allow Mayor Mullins of Smyrna to address the Board.  After discussion the above amendment was withdrawn.  The Board of Commissioners then adopted the following amendment:

“To adopt the original Resolution but allow sixty (60) days for the Town of Smyrna and Rutherford County to work out a compromise.” 

Commissioner Steve Sandlin presented the Board of Commissioners with a third amendment stated as follows:

“That the City of Smyrna pays the attorney’s fees and not be out of the settlement money.” 

Chairwoman Nancy R. Allen stated the amendment as keyed into the voting machine as follows:

“That the Town of Smyrna pays the attorney’s fees if the issue goes to litigation.”

Commissioner Steve Sandlin confirmed the amendment as stated by Chairwoman Nancy R. Allen.  The Board of Commissioners then adopted the amendment. The Board of Commissioners then adopted the original Resolution as amended.

      8.  ANY OTHER BUSINESS

            1.  No Report.

There being no further business, Madam Chairman, Nancy R. Allen adjourned the Rutherford County Board of Commissioners Legislative Meeting at 8:00 p.m.

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Ed (Sonny) Elam, Rutherford County Clerk

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Jennifer Haynes, Deputy Clerk