A.        Chairman Nancy R. Allen called the regular session of the Rutherford County Board of Commissioners to order on Thursday, August 15, 2002 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 Gary Farley 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 June 13^th and June 27^th 2002 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTIONS OF SYMPATHY 

1.         The Resolution of Sympathy in memory of Janet Jones Jacobs was adopted.

2.         The Resolution of Sympathy in memory of Mario LaBraun Lyles was adopted.

3.         The Resolution of Sympathy in memory of Fannie G. Miles was adopted.

G.       PUBLIC COMMENTS 

1.      John Barnett spoke with regard to the Salem Woods Subdivision project.

2.      Ann Deal spoke with regard to voter apathy in the election process.

3.      Robert Hoke spoke with regard to the Agricultural Building.

4.      Dick Baines spoke with regard to the definition of “Rural”.

5.      Paul Diamond spoke with regard to Rutherford County Zoning and its purpose.

6.      Brian Krebf spoke with regard to the Salem Woods Subdivision project.

7.      Steve Schraoeder spoke with regard to the Salem Woods Subdivision project.

8.      Bill Overton spoke with regard to the Vander Schaaf property-rezoning request.

9.      Brian Roebuck spoke with regard to the Vander Schaaf property-rezoning request.

H.        ELECTIONS & CONFIRMATIONS 

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

2.      A vacancy on the Codes Enforcement Board was announced.

3.      Vacancies on the Audit Committee were announced.

4.      The reappointment of Allen Swader to the Rutherford County Planning Commission was confirmed.

5.      The appointments of Dale McGilliard, John Green and Bubba Dempsey to the Cultural Arts Commission were 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 Clair Vander Schaaf.  The request to rezone property located on Highway 99 from Residential-15 to a Conditional Use Permit for a Planned Residential Development was deferred thirty days.
2. No one spoke for or against at the Public Hearing held with regard to the request from Felix I. Diaz.  The request to rezone property located at 927 Twin Oak Drive from R-15 to a Conditional Use Permit for a General Automotive Repair Shop was approved along with the conditions as recommended by the Rutherford County Planning Commission.
3. No one spoke for or against the Public Hearing held with regard to the request from Lessie V. Jackson.  The request to rezone property located at 2507 Beasley Road from R-15 to Retail and Wholesale Trade with a Conditional Use Permit for a Convenience Store with Gas Station was approved along with the conditions as recommended by the Rutherford County Planning Commission.
4. No one spoke for or against at the Public Hearing held with regard to the request from William A. Morris.  The request to rezone property located at 3245 Franklin Road from R-15 to Finance-Insurance-Real Estate along with a Conditional Use Permit for an Insurance Office was adopted along with the conditions as recommended by the Rutherford County Planning Commission.
5. No one spoke against and one person spoke in favor at the Public Hearing with regard to the request of Lanny and Linda Gunter.  The request to rezone property located on 4630 Sulphur Springs Road from R-15 to Manufacturing along with a Conditional Use Permit for a Cabinet Making Shop was adopted along with the conditions as recommended by the Rutherford County Planning Commission.
6. No one spoke for or against at the public hearing with regard to the request from Tim Newcomb and Geri Spry.  The request to amend the Conditional Use Permit to remove the requirement for the dedication of the right-of-way with regard to property located at 7212 Old Nashville Highway was adopted
7. No one spoke in favor and five people spoke against the request from Thomas Hensel.  The request to rezone property located at 14449 Manchester Highway from R-15 to a Conditional Use Permit for an Antique Furniture Repair and Restoration Business was denied.  The Board further adopted a motion to send back to the Planning Commission a recommendation to rescind approval on the Conditional Use Permit for Thomas Hensel.
8. Madam Chairman, Nancy R. Allen recessed the Rutherford County Legislative Body for a five-minute break before continuing with the next item on the agenda. 

K.  REPORTS BY STANDING COMMITTEES 

1. PURCHASING COMMITTEE

a.      No report.

2.      BUDGET, FINANCE & INVESTMENT COMMITTEE 

a.      A recommendation to amend the General Fund with regard to a request from the Election Commission was adopted:

b.      A motion to proceed with the Lane Agric-Park, to hire an architect, engineer or other professionals to begin the design process, to do a traffic study utilizing the $73,000.00 available, to approve the Tri-Party Agreement removing the Farmer’s Market from the scope of services and authorize the County Executive to sign was adopted.  The Rules were suspended to allow Conservation Board Chairman Jim Estes to address the Board.  A further motion to authorize the county Executive to move forward with the USDA Lease Bid contingent upon the approval of the Property Management Committee at their August 22^nd meeting and the Budget, Finance & Investment Committee at their August 29^th meeting was adopted.

c.      A recommendation to approve a Contract with the Tennessee Administrative Office of the Courts providing Parenting Plan Coordination in the 16^th Judicial District was adopted.

d.       A recommendation to contribute $2,000.00 to the Tennessee Philharmonic Symphony with the understanding it is to be used to help defray expenses of the July 4, 2003 concert due to the cancellation of the July 4, 2002 concert was adopted.

e.      A recommendation to approve a Two Million Dollar Revenue Anticipation Note for the Employee Insurance Fund was adopted.

f.        A recommendation to appropriate funds from the General Purpose School Fund for the purpose of roof replacement at David Youree School was adopted.

g.      A recommendation to appropriate funds from the remaining funding from the Siegel High School Construction line item and the Riverdale/Oakland HVAC projects for the purpose of roof replacement at LaVergne High School was adopted.

h.      A recommendation to appropriate $600,000 through the next bond issuance for the purpose of completing the Eagleville Stadium Complex was adopted.

i.        A recommendation to approve Surety Bonds for all the newly elected or appointed County Officials was adopted.

3.      HEALTH & EDUCATION COMMITTEE 

a.      No report.
 

4.      PROPERTY MANAGEMENT COMMITTEE 

a.      A Resolution to approve an easement for M.T.E.M.C. with regard to Christiana Middle School was adopted.

b.      A Resolution to approve a drainage easement for Consolidated Utility District with regard to
Rutherford County owned property located on Salem Highway was adopted.

      5.  PUBLIC SAFETY COMMITTEE 

a.      No report.

6.   PUBLIC WORKS & PLANNING COMMITTEE 

a.      A Resolution to approve the revision of the amount of the financial assurance required for the
Landfill was adopted.

b.      A Resolution to approve a Waste Tire Grant for FY 2003 with the Tennessee Department of
Environment and Conservation was adopted.

c.      A Resolution to approve a month-to-month franchise with Comcast Cable was adopted.

d.      A Resolution to approve a 30 m.p.h. speed limit on Allen Road was adopted.

e.      A. Resolution to request the Tennessee Department of Transportation to widen Jefferson Pike
 (State Route 266) was adopted.

f.        A Resolution to request the installation and maintenance of warning devices at railroad grade
crossings in Rutherford County was adopted.

g.      A Resolution to request the Tennessee Department of Transportation to install traffic signalization at the Franklin Road-Rucker Lane Intersection upon completion of the new section of Franklin Road was adopted.

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      A Resolution to ratify Private Chapter No. 160, House Bill No. 3291 with regard to authorizing the Highway Commission and Superintendent to work on public drainage easements and to provide for the maintenance of public drainage easements was adopted.

b.      A Resolution to direct the County Attorney to prepare a Private Act to establish a Human
Resources Department with parameters to be provided by the Commission was adopted.

8. ANY OTHER BUSINESS

The County Commissioners that would not be returning for the next term of office were recognized for the hard work and dedication in serving the citizens of Rutherford County. 

Some of the newly elected County Commissioners present at the meeting were introduced to the Commission. 

A motion to ask the County Attorney to meet with Planning Director, John Davis with regard to the Thomas Hensel rezoning request before the Planning Commission meets to make sure all legal aspects are attended to was adopted. 

There being no further business, Madam Chairman, Nancy R. Allen adjourned the Rutherford County Board of Commissioners Legislative Meeting.  

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Ed (Sonny) Elam, Rutherford County Clerk

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Melissa Wheatley, Legislative Secretary