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 Trey Gooch, led the Invocation.

C.       Commissioner Joyce J. Ealy 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 10, 2000 Legislative Meeting Minutes as typed.

F.        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.

2.      The Board of Commissioners appointed Myers B. Parsons to fill the unexpired term of Herman Jones to the Highway Commission with the term to expire August 2000.

3.      The Board of Commissioners was informed of four vacancies on the Equalization Board.

4.      The Board of Commissioners was informed of a vacancy on the Animal Services Board.

G.     UNFINISHED BUSINESS

1.          The Board of Commissioners suspended the Rules to allow Albert Richardson, Jr. and Eric Roberts of “Stand for Children” to address the Board.

H.   PUBLIC HEARINGS-6:30 P.M.

1. The Board of Commissioners held a Public Hearing on the request from William B. Webb for property located at 957 Coleman Road, Murfreesboro, for a Conditional Use Permit to allow a small engine repair shop in the R-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.
2. The Board of Commissioners held a Public Hearing on the request from Christiana Presbyterian Church for property located at 150 Parsons Road, Christiana, for a Conditional Use Permit to allow a day care center for up to 50 children 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.
3. The Board of Commissioners held a Public Hearing on the request from Carrie Trageser for property located at 2579 Almaville Road, Smyrna, for a Conditional Use Permit to allow Retail and Wholesale Trade 5193-Wholesale Nursery Items, and 0782-Landscaping Business.  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 the Rutherford County Regional Planning Commission for an amendment to Article XIII, Section 13.04, sub-section B,1 of the Rutherford County Zoning Resolution regarding changing the size requirement for detached carports and garages.  No one spoke for or against the proposed amendment.  The Board of Commissioners then approved the request along with the conditions as recommended by the Rutherford County Planning Commission.
5. The Board of Commissioners held a Public Hearing on the request from the Rutherford County Regional Planning Commission for a proposed amendment to Article XX, Section 20.06, sub-section E, Number 1 of the Rutherford County Zoning Resolution regarding Temporary Directional “Realty For Sale” signs.  No one spoke for or against the proposed amendment.  The Board of Commissioners then approved the request along with the conditions as recommended by the Rutherford County Planning Commission.
6. The Board of Commissioners held a Public Hearing on the request from the Rutherford County Regional Planning Commission for a proposed amendment to Article VII, Section 7.03 of the Rutherford County Zoning Resolution regarding Family Day Care Homes and Group Day Care Homes.  No one spoke for or against the proposed amendment. The Board of Commissioners then approved the request along with the conditions as recommended by the Rutherford County Planning Commission.

I.    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 adopted a resolution that the County Executive be authorized to execute the Fiber Optic Interconnect Project Agreement between Rutherford County, City of Murfreesboro, Town of Smyrna & City of Lavergne and that the three Hundred Forty-Six Thousand Eight Hundred Dollars ($346,800.00) for the project be funded from the Local Purpose Tax Fund (Development Tax).

b.      The Board of Commissioners adopted a resolution authorizing the County Executive to execute an Intergovernmental Agreement between Rutherford County the City of Murfreesboro, the Town of Smyrna, the City of La Vergne, and the City of Eagleville for the allocation of a portion of any additional county sales tax levy.

c.      The Board of Commissioners was presented a resolution approving the concept of extending the Nissan Motor Manufacturing Corp. U.S.A.  Payment in Lieu of Tax Agreement from the year 2012 to the year 2022.  No vote was take at this time.

d.      The Board of Commissioners approved an amendment deleting the word “concept” from the original resolution regarding the Nissan Motor Manufacturing Corp. U.S.A. Payment in Lieu of Tax Agreement extension.

e.      The Board of Commissioners approved an amendment to include the following paragraph in the Nissan Motor Manufacturing Corp. U.S.A. Agreement: 

“2.  Any future issuance of bonds to cover assets on or after January 1, 2000 through February 15, 2002 shall be subject to the review of and approval of the Rutherford County Commission as with any and all other bond issues approved by the IDB which review and approval shall include the review and approval opinion of the County Attorney.”

f.        The Board of Commissioners suspended the Rules to allow Mr. Jerry Benefield, CEO of Nissan Motor Manufacturing Corp. U.S.A. to address the Board.

g.      The Board of Commissioners approved the original Resolution approving the extension of the Nissan Motor Manufacturing Corp. U.S.A. Payment in Lieu of Tax Agreement from the year 2012 to the year 2022  along with the approved amendments.

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

1.     Property Assessor

2.     Circuit Judge

3.     Ambulance Service

4.     Finance Department

g.           The Board of Commissioners approved the Solid Waste/Sanitation  Fund Budget Amendment regarding the Convenience Center.

h.            The Board of Commissioners approved the Road & Bridge Fund Budget amendment.

i.              The Board of Commissioners approved the General Purpose School Fund Budget Fund amendment.

j.              Madam Chairman, Nancy R. Allen recessed the Rutherford County Board of Commissioner meeting for five minutes

k.            Chairman Pro-Tem, Allen McAdoo called the Rutherford County Board of Commission meeting back to order.

l.              The Board of Commissioners suspended the Rules to allow for the presentation of the Resolution to increase the Wheel Tax.

m.         The Board of Commissioners approved the Resolution to increase the Wheel Tax Twenty Dollars ($20.00) effective July 1, 2000 with the adoption of this Resolution on second and final reading.

3.      HEALTH & EDUCATION COMMITTEE

a.      The Board of Commissioners adopted a Resolution recognizing Lisa Nolen for receiving School Business Official, Level I, Certification.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      No Report.

      5.  PUBLIC SAFETY COMMITTEE

a.      No Report.

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.      The Board of Commissioners adopted a Resolution to authorize the County Executive to enter into and execute the Order for BellSouth Centrex Service with BellSouth.

b.      The Board of Commissioners adopted a Resolution to approve the following speed limits: 30 M.P.H. on County Farm Road, 20 M.P.H. on Brothers Road, 10 M.P.H. on Fosterville Loop, 45 M.P.H. on Fosterville Short Creek Road, and 40 M.P.H. on Bell Buckle Road.

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      The Board of Commissioners adopted a Resolution to ratify a Private Act creating a Juvenile Court for Rutherford County and to provide for the appointment and election of a Juvenile Judge Position. (Private Chapter No. 72, House Bill No. 2201, Private Acts of 2000).

b.      The Board of Commissioners was presented a Resolution to amend Private Acts of 1967-68, Chapter 454, Sections 10 and 11 as follows:

Add the following sentence to the end of Section 10:

“Notwithstanding the foregoing, the Quarterly County Court, or its successor, shall have the authority, in its discretion, to permit the Public Building Authority of Rutherford County, to plan, design, locate, erect, construct and furnish new construction buildings and/or construction additions including, but not limited to, new schools.”

Add the following sentence at the end of the first sentence of Section 11 and before the second sentence:

“At the same time, the Board shall, by individual roll call vote, establish and approve the total ad valorem real property tax necessary to fund the Board’s recommended budget with the understanding that the Quarterly County Court, or its successors retains the final authority to establish and set the county’s ad valorem real property tax as provided by law.  …”

                 No vote was taken at this time.

c.      The Board of Commissioners approved an amendment to Section 10 as follows:

“Notwithstanding the foregoing, the Quarterly County Court, or its successor, shall have the authority, in its discretion, to permit the Public Building Authority of Rutherford County, to plan construction, construction design, locate, erect, construct and furnish new construction buildings and/or construction additions including, but not limited to, new schools.”

d.      The Board of Commissioners approved the Resolution to amend Private Acts of 1967-68, Chapter 454, Sections 10 and 11 as amended.

e.      The Board of Commissioners was presented a Resolution to increase the Development Tax to One Thousand Five Hundred Dollars ($1,500.00) per lot unit.  No vote was taken at this time.

f.        The Board of Commissioners was presented an amendment to increase the Development Tax to Three Thousand Dollars ($3,000.00).  This motion failed.

g.      The Board of Commissioners approved the original Resolution to increase the Development Tax to One Thousand Five Hundred Dollars ($1,500.00).

There being no further business, Chairman Pro-Tem, Allen McAdoo adjourned the Rutherford County Board of Commissioners Legislative Meeting at 8:38 p.m.

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Ed (Sonny) Elam, Rutherford County Clerk

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Jennifer Haynes, Deputy Clerk