A.        The regular session of the Rutherford County Board of Commissioners was called to order by Madam Chairman, Nancy R. Allen on Thursday, August 16, 2001 at 6:00 p.m. in the Courtroom located on the second floor of the Rutherford County Courthouse in Murfreesboro, Tennessee.

B.        Court Chaplain, Paul Johnson led the Invocation.

C.       Commissioner Anthony Johnson 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 28, 2001 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTIONS OF SYMPATHY

1.         The Resolution of Sympathy in memory of Dr. Cliff Gillespie was adopted.

2.         The Resolution of Sympathy in memory of John Baxter Pittard was adopted.

3.         The Resolution of Sympathy in memory of Edwin Clark Rion, Sr. was adopted.

G.       PUBLIC COMMENTS

1.      Paul Diamond spoke for three minutes with regard to the future planning and development of Rutherford County.

H.        ELECTIONS & CONFIRMATIONS

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

2.      The County Attorney vacancy was announced.

3.      Two vacancies on the Rutherford County Beer Board were announced.

4.      Two vacancies on the Codes Enforcement Adjustments & Appeals Board were announced.

5.      James O. Baker and Johnny Johns were appointed to serve a six-year term on the Industrial Development Bond Board and the Health and Education Facilities Board.

6.      The appointment of Talmadge Gilley, Bob Farris and Craig Lynch to serve a four-year term on the Rutherford County Regional Planning Commission was confirmed.

7.      County Executive, Nancy R. Allen was appointed to serve as Commission Chairman for a one-year term.

8.      Commissioners David T. Gammon, Hollis Lindell Vaughn, Grant Kelley, Joe Frank Jernigan, Paul Johnson, Faye Elam and Bob Bullen were appointed to serve a one-year term on the Steering, Legislative and Governmental Committee.  The newly appointed Steering, Legislative and Governmental Committee briefly met and elected Commissioner Joe Frank Jernigan to serve as Chairman and elected Commissioner Bob Bullen to serve as Vice Chairman of the Steering Committee.  The Steering Committee decided to hold its first meeting on September 5^th at 5:00 p.m. and to schedule all subsequent meetings the first Monday of each month at 5:30 p.m.  The Board was reminded to turn in their Committee request form to the newly appointed Steering Committee Chairman.

I.     UNFINISHED BUSINESS

   1.  No Report.

J.   PUBLIC HEARINGS-6:30 P.M.

1. No one spoke at the Public Hearing held on the request from Randy Lane to rezone property located at 574 West Jefferson Pike from Residential-15 to Retail and Wholesale Trade with a Conditional Use Permit to allow 5411Convenience Stores.  The request was approved along with the conditions as recommended by the Rutherford County Planning Commission.
2. No one spoke at the Public Hearing held on the request from Rockvale Garden Center to rezone property located at 8964 Rockvale Road from Commercial to a Conditional Use Permit to allow 5193 - Wholesale Nursery and Garden Items.  The request was approved along with the conditions as recommended by the Rutherford County Planning Commission.
3. No one spoke at the Public Hearing held on the request from Williams Nursery to rezone property located at 8768 Shelbyville Pike from Residential-15 to Agricultural Services with a Conditional Use Permit to allow 078 - Landscape and Horticultural Services and 5261 - Retail Nurseries Lawn and Garden Supply Stores.  No one spoke for or against the request.  The request was approved along with the conditions as recommended by the Rutherford County Planning Commission.
4. No one spoke at the Public Hearing held on a recommendation to amend the Rutherford County Zoning Resolution with regard to Article VI, Section 6.09, Part B.  No one spoke for or against the request.  The recommendation was approved as recommended by the Rutherford County Planning Commission.

K.  REPORTS BY STANDING COMMITTEES

1. PURCHASING COMMITTEE

a.      No report.

2.      BUDGET, FINANCE & INVESTMENT COMMITTEE

a.      The County General Fund was amended with regard to the following:

1.  Building Codes

2.  Ambulance Service

3.  Miscellaneous (Reward for Captain D’s Slayings)

b.      The Solid Waste/Sanitation Fund was amended as recommended by the Budget, Finance & Investment Committee.

c.      The Local Purpose Tax Fund was amended as recommended by the Budget, Finance & Investment Committee.

d.      The recommendation to appropriate additional funding for Courthouse exterior renovations was adopted.

e.      The recommendation to authorize the County Executive to execute a Copy Machine Lease for the Office of the Register of Deeds was adopted.

f.        The recommendation to authorize the County Executive to execute a Grant Agreement between Rutherford County and the State of Tennessee, Commission on Children and Youth for a Juvenile Justice State Supplement was adopted.

g.      The recommendation to authorize the County Executive to execute a Contract Agreement between Rutherford County and the State of Tennessee, Office of Criminal Justice Programs for the 2001/2002 Edward Byrne Memorial Grant to establish a Violent Offender Apprehension Unit for the Sheriff’s Department was adopted.

h.      The Resolution supporting the hiring of a consultant to conduct an independent study of county facilities in terms of space needs, codes and location was adopted.

i.        The recommendation to issue Revenue Anticipation Notes in an amount not to exceed $2,500,000.00 with regard to the Employee Insurance Fund was adopted.

j.         The Resolution to issue General Obligation Bonds in an amount not to exceed $1.7 Million Dollars for the Animal Shelter Project and further authorized the County Executive to execute an agreement with the Public Building Authority for the said project was adopted.

k.      The Board of Commissioners was presented a Resolution authorizing the County Executive to execute a Tri-Party Agreement between Rutherford County, the Public Building Authority and the Rutherford County Board of Education with regard to the reseeding of the lawn of Blackman High School.  Mr. Jeff Sandivig addressed the Board with regard to the Resolution.  The Resolution along with the following amendment…that any amount between the costs of reseeding up to the $55,000.00 amount would resort back to the building program…was adopted.

l.         The Resolution appropriating funds to equip all seventh and eighth grade classrooms with technology equivalent to newly constructed schools and to further appropriate funds for the replacement of HVAC systems at two schools was adopted.

m.    The Resolution to amend and restate the issuance of General Obligation School Bonds in an amount not to exceed $28,910,000.00 for the purpose of providing funds for building and equipping county schools was adopted.

3.      HEALTH & EDUCATION COMMITTEE

a.      No report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      The Resolution authorizing the transfer and conveyance of ballfields located in close proximity to Smyrna Primary School to the Town of Smyrna and further authorized the transfer of bleachers to Rutherford County from the Town of Smyrna was adopted.

      5.  PUBLIC SAFETY COMMITTEE

a.      No Report.

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.      The Resolution authorizing the appropriate officials to execute a Grant Agreement with the Regional Transportation Authority for the provision of transit services between Nashville/Davidson County and Murfreesboro, Rutherford County was adopted.

b.      The Resolution authorizing the appropriate officials to execute a Contract with the State of Tennessee, Department of Environment and Conservation, for emission testing requirements for vehicle registration renewal and licensing was adopted.

c.      The Resolution setting the speed limit for Cripple Creek Road, Manus Road, Hill Road, Highship Road and Powell’s Chapel Road was adopted.

d.      The Resolution directing Broadband Nashville, II, LLC d/b/a Comcast to pay a five percent franchise fee to Rutherford County and further agreed to extend the existing cable television franchise agreement for a period of 14 months from its expiration date in June, 2001 pending further negotiations was adopted.

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.      The Resolution approving the concept of the Mid South Regional Purchasing Cooperative and further authorized the County Executive to use the Mid South Regional Purchasing Cooperative at her discretion was adopted.

b.      The Resolution approving policies and procedures for the implementation of the HOME Program in Rutherford County was adopted.

c.      The Resolution to ratify Private Chapter No. 66, House Bill No. 2031 relative to the regulations of dogs and cats in Rutherford County was adopted.

8. OTHER BUSINESS

a.      The Resolution directing the County Executive to provide written cancellation notice to the Landlord of the Smyrna Motor Vehicle Department due to substantial fire destruction was adopted.  The Resolution also authorized the County Clerk to negotiate a lease for a new location in the northern end of Rutherford County and further authorized the County Executive to execute the said lease

There being no further business, Madam Chairman, Nancy R. Allen adjourned the Rutherford County Board of Commissioners Legislative Meeting at 8:24 p.m.

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Ed (Sonny) Elam, Rutherford County Clerk

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Melissa Wheatley, Legislative Secretary