A.        Chairman Nancy R. Allen called the regular session of the Rutherford County Board of Commissioners to order on Thursday, September 12, 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 Paul 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 August 15, 2002 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTIONS OF SYMPATHY 

1.         The Resolution of Sympathy in memory of Betty Jane Birnbaum was adopted.

2.         The Resolution of Sympathy in memory of Jason Jackson Hampton was adopted.

G.       RESOLUTION OF APPRECIATION

        1.   The Resolutions of Appreciation for former Commissioner’s David        

              Gammon, Lindell Vaughn, Grant Kelley, Jimmy Woods, Jerry Baxter,

              and Jimmy Evans were adopted.

H.        PUBLIC COMMENTS 

1.      Gerald Bauer spoke with regard to barking dogs in Subdivisions.

2.      Dan Sinclair spoke with regard to County Commissioner’s conduct.

3.      Lenore Diamond spoke with regard to the use of meeting rooms at the Rutherford County Planning Commission.

4.      Paul Diamond spoke with regard to County Land for sale or rent.

5.      Mike Linton spoke with regard to the Salem Woods Subdivision project.

6.      Steve Schroeder spoke with regard to the Salem Woods Subdivision project.

I.            ELECTIONS & CONFIRMATIONS 

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

2.      The Board appointed County Commissioner Steve Sandlin to serve as Chairman Pro-Tem of the
 Rutherford County Board of Commissioners.

3.      The Board appointed Commissioner Trey Gooch to serve as the Commission Chaplain of the
 Rutherford County Board of Commissioners.

4.      The Board appointed the Standing Committees.  The Standing Committees and Officers are as
 follows:

BUDGET, FINANCE & INVESTMENT COMMITTEE

Commissioner Bob Bullen

Commissioner Joyce Ealy, Chairman

Commissioner Anthony Johnson

Commissioner Will Jordan

Commissioner Robert Peay

Commissioner Steve Sandlin, Vice-Chairman

Commissioner Doug Shafer

HEALTH & EDUCATION COMMITTEE

Commissioner Bob Bullen, Chairman

Commissioner Carol Cook

Commissioner Trey Gooch

Commissioner Jeff Phillips, Vice-Chairman

Commissioner John Rodgers

Commissioner Rick Sage

Commissioner Doug Shafer

PROPERTY MANAGEMENT COMMITTEE

Commissioner Faye Elam, Vice-Chairman

Commissioner Joe Frank Jernigan

Commissioner Anthony Johnson

Commissioner Tina Jones, Chairman

Commissioner John Rodgers

Commissioner Mike Sparks

Commissioner Dwight Throneberry

PUBLIC SAFETY COMMITTEE

Commissioner Gary Farley, Chairman

Commissioner Will Jordan, Vice-Chairman

Commissioner Allen McAdoo

Commissioner Robert Peay

Commissioner Rick Sage

Commissioner Steve Sandlin

Commissioner Mike Sparks

PUBLIC WORKS & PLANNING COMMITTEE

Commissioner Jack Black

Commissioner Carol Cook

Commissioner Joyce Ealy

Commissioner Trey Gooch, Chairman

Commissioner Allen McAdoo

Commissioner Mike Sparks, Vice-Chairman

Commissioner Dwight Throneberry

STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

Commissioner Faye Elam

Commissioner Paul Johnson

Commissioner Tina Jones

Commissioner Robert Peay

Commissioner Jeff Phillips

Commissioner Gary Farley, Vice-Chairman

Commissioner Joe Frank Jernigan, Chairman

PURCHASING COMMITTEE

County Executive Nancy Allen, Chairman

Commissioner Jack Black

Commissioner Bob Bullen

Commissioner Carol Cook

Commissioner Trey Gooch

Commissioner Paul Johnson, Vice-Chairman

Commissioner Allen McAdoo

5.      A Commissioner vacancy was announced on the Agricultural Advisory Board.

6.      Two Commissioner vacancies were announced on the Insurance Committee.

7.      A Commissioner vacancy was announced on the Records Commission.

8.      A vacancy and two alternate vacancies were announced on the Board of Zoning Appeals.

9.      Two vacancies and one alternate vacancy were announced on the Beer Board.

10. Michael Lilly was appointed to serve on the Codes Enforcement Board.

11. Ernest G. Burgess and Jimmy Woods were appointed to serve on the Audit Committee.

12. The appointments of Commissioner Will Jordan and Commissioner Jeff Phillips to the Rutherford County Regional Planning Commission were confirmed.

J.    UNFINISHED BUSINESS

   1.  No Report.

K.    PUBLIC HEARINGS-6:30 P.M.

1. Two people spoke in favor for and thirteen people spoke 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 denied.
2. Three people spoke for and no one spoke against at the Public Hearing held with regard to the request from Faye Johns.  The request to amend the Conditional Use Permit at property located at 5602 West Jefferson Pike from Commercial to Amendment: Tire Repair Shops, General automotive repair shops, and to increase the number of vehicles onsite to forty (40) was deferred for thirty days and requested to drop the number of cars onsite to twenty (20).
3. One person spoke for and three spoke against at the Public Hearing held with regard to the request from James H. Thomas.  The request to amend the Conditional Use Permit at property located at 3981 Shelbyville Pike from Retail Trade to Amendment: Commercial holding area for towed cars/trucks and commercial towing services was denied.
4. One person spoke for and no one spoke against at the Public Hearing held with regard to the request from Jamie Dudiak.  The request to rezone property located at 7027 Main Street from R-15 to Retail and wholesale trade along with a Conditional Use Permit for an antique and craft store was adopted along with the conditions as recommended by the Rutherford County Planning Commission.
5. No one spoke for or against at the Public Hearing with regard to the request from AJ’s Demolition.  The request to rezone property located on 2308 Reidhurst Drive from R-15 to a Conditional Use Permit for a Home office for a demolition company 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 Bill Donald Garrett.  The request to rezone property located at 7090 North Milton Road from R-15 to a Conditional Use Permit for General Automotive Repair Shop was adopted along with the conditions as recommended by the Rutherford County Planning Commission.

K.  REPORTS BY STANDING COMMITTEES

1. PURCHASING COMMITTEE

         a.   The Purchasing Committee report was adopted as mailed out.

            2.      BUDGET, FINANCE & INVESTMENT COMMITTEE

a.      A recommendation to amend the General Fund with regard to the following was adopted:

1.  Emergency Management Services (Domestic Preparedness Equipment Grant)

2.  Youth Services

3.  Sheriff’s Department (5)

b.      A recommendation to amend the Contract with the State of Tennessee, Department of Children’s Services with regard to providing educational and therapeutic services for youth between the ages of twelve and eighteen for Juvenile Court was adopted.

c.      A recommendation to approve an agreement with Tennessee Department of Transportation for a temporary construction easement for Walter Hill Bridge Replacement was adopted.

d.       A recommendation to amend the General Purpose School Fund with regard to adding back transportation for students living within one and one half miles from their schools was adopted.

e.      A recommendation that $300,000.00 be approved through a future bond issue for the purpose of providing funding to complete the cost for the LaVergne High School roof replacement was adopted.

f.        A recommendation for the acquisition of LaVergne property for schools was presented.  An amendment to the original motion to ask the City of LaVergne to fund the infrastructure related to the school including the road and sewer to the site was approved but later amended.  A second amendment to recommend and request that a tri-party agreement for geotechnical testing be developed between the Board of Education, County Commission and the Public Building Authority, and contingent upon the School Board’s determination that the proposed site is suitable for building based on the results of appropriate geotechnical testing was approved but later amended.  A third amendment to the original motion regarding the geotechnical testing is complete that the Public Building Authority issue a recommendation, only, to the Board of Education and the County Commission relative to the suitability of the site for building the site was approved.  After lengthy discussion, the original motion as amended was adopted.

g.      A resolution authorizing the facsimile signature on file with SunTrust Bank, Nashville for the Rutherford County School Board of Education be changed to Ed Jordan, Chairman of the Board, J. Hulon Watson, Superintendent, and E. Paul Long, Finance Director for the Rutherford County Payroll Account was adopted.

h.      A recommendation authorizing the Public Building Authority to design an office facility to be constructed for the Lane Agri Park property and authorizing the County Executive to execute a tri-party agreement between the Public Building Authority, the Rutherford County Commission, and the Rutherford County Conservation Board to include the construction of said facility was adopted.

            3.      HEALTH & EDUCATION COMMITTEE

a.      No report.

            4.      PROPERTY MANAGEMENT COMMITTEE

a.      No Report.  

      5.  PUBLIC SAFETY COMMITTEE

a.      No report.

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.      No Report. 

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.   No Report

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

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Georgia Lynch, Rutherford County Clerk

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Jennifer Boyd, Legislative Secretary