A.        Madam Chairman Nancy Allen called the regular session of the Rutherford County Board of Commissioners to order on Thursday, October 16, 2003 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, Doug Shafer led the Invocation.

C.       Commissioner Carol Cook led the Pledge of Allegiance to the Flag of the United States of America.

D.       Nineteen Rutherford County Board of Commissioners were present for the Legislative Meeting.

E.        The September 11, 2003 Legislative Meeting Minutes were adopted as typed.

F.        RESOLUTION OF SYMPATHY

1.      The Resolution of sympathy in memory of William Doyle Mullican was adopted.

2.      The Resolution of sympathy in memory of Lee Victory was adopted.

G.       Mona Vaughn encouraged the Commissioner to attend the Heritage Festival on Saturday, October 25, 2003 from 10:00 a.m. – 5:00 p.m. to celebrate Rutherford County 200 years in the making.

H.        PUBLIC COMMENTS 

1.     Steve Schroeder spoke with regard to the services affected by impact fees.

2.         Susan Allen spoke with regard to alternate sources of revenue.

3.         Mike Linton spoke with regard to impact fees.

4.         Ken Burrows spoke with regard to impact fees.

5.         Tim Powers spoke with regard to impact fees.

6.         Lenore Diamond spoke with regard to impact fees.

7.         Paul Diamond spoke with regard to impact fees.      
 

I.            ELECTIONS & CONFIRMATIONS 

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

2.      The appointment of Tony Webb, Jr. to serve on the Board of Zoning Appeals was confirmed.

3.      The appointments of Alford Fann and Keith Bratcher to serve on the Beer Board were confirmed.

4.      A vacancy on the Road Board was announced.

5.      The appointment of Ted Batey to the Rutherford County Regional Planning Commission was confirmed.

6.      The appointments of the following to serve on the City/County Cultural Arts Commission were confirmed:  Percy Dempsey, III, Jean Lowery, Beth Binkley, Jeff Gibson, Dale McGilliard, Marcie Richmond, and Liz Rhea (Joint City and County Rep.)

I.    UNFINISHED BUSINESS

   1.  No Report.

J.   MONTHLY & QUARTERLY REPORTS

   1.  The Monthly and Quarterly Reports were approved as mailed out.

K.    PUBLIC HEARINGS-6:30 P.M.

1. No one spoke for or against at the Public Hearing held with regard to the request from Amy M. Rodriguez Loyd.  The request to rezone property located at 4735 Barfield Crescent Road from Residential-15 with a conditional use permit to allow a massage therapy business was denied as recommended by the Rutherford County Planning Commission.
2.  No one spoke for or against at the Public Hearing held with regard to the request from Brad Bratcher.  The request to rezone property located at 6137 Epps Mill Road, retail and wholesale trade with a conditional use permit to allow an off premise advertising sign was approved along with conditions as recommended by the Rutherford County Planning Commission.
3. No one spoke for or against at the Public Hearing held with regard to the request from the Rutherford County Regional Planning Commission.  Once the public hearing was closed, an amendment to exclude the zoning compliance certificates $25.00 proposed fee was brought up but the amendment to the motion failed.  The request for proposed fee increase was approved along with conditions as recommended by the Rutherford County Planning Commission.

K.  REPORTS BY STANDING COMMITTEES

1. PURCHASING COMMITTEE

a.      The purchasing committee report as mailed out was adopted.

2.      BUDGET, FINANCE & INVESTMENT COMMITTEE

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

1.  Youth Services/District Attorney – Juvenile Accountability

2.  Juvenile Detention

3.  Sheriff’s Department (3)

4.  Ambulance Service

5.  Special Purpose Fund/General Fund Budget Amendments

b.      Resolutions to amend the Adequate Facilities/Development Tax Fund Budget with regard to the following were adopted:

1.      Stonecrest Ambulance Station

2.      Funding for Architectural and Engineering Services to renovate the Health Department for Archives

c.      A resolution approving a tri-party agreement between Rutherford County, the Public Building Authority and the Archives Implementation Committee for the purpose of securing architectural and engineering firms to develop the plans and hire a contractor for the renovation of the old Health Department for use by the Rutherford County Archives and for a record retention center was adopted.

d.      A resolution to amend the solid waste/sanitation fund budget was adopted.

e.      A resolution approving the financing by the Industrial Development Board of Rutherford County for Asurion Insurance Services, Inc. to expand their operation, to acquire additional personal property and lease certain building space for servicing electronic equipment and repairing the same was adopted.

f.        A resolution approving the rental income collected by the Agriculture Extension Center be used to provide funding for Account 101-57100-499, other supplies and materials, and that any remaining revenue at the end of the fiscal year be designated for Agriculture Extension Center purposes was adopted.

g.       1.      A resolution to approve eliminating the two-deduction rate for employee health insurance effective January 1, 2004 was adopted.

2.      A resolution approving the Dual Benefit Option plan for employee health insurance effective January 1, 2004 was adopted.

3.      A resolution approving the contract renewal with Employee Security Planning, Inc. was brought up but later amended.  An amendment to the agreements second paragraph, to remove “an annual fee of $27,723, to be paid in Twelve (12) equal payments” and change it to read “a monthly fee of $1,476.92.”  In the last sentence of the second paragraph, remove “guaranteed” and change the sentence to read, “The above fees and per occurrence charges are all inclusive and shall not be increased through November 23, 2006.”  In the third paragraph, change it to read, “This is a month to month agreement and either party may terminate this agreement upon 30 days written notice to the other party.  After discussion, the amendment was adopted.  The original motion as amended was adopted.

h.      A resolution amending the general purpose school fund budget was adopted. 

i.        A resolution amending the general debt service fund budget was adopted.

j.         A resolution approving the 2003 home grant, home program policies and procedures and contract with Greater Nashville Regional Council was adopted.

k.      An initial resolution authorizing the County Executive and other County officials to execute the initial resolution for the purpose of providing funds not to exceed Twenty Five Million Dollars ($25,000,000.00) in general obligation school and public improvement bonds was adopted.

l.         A resolution approving the issuance of general obligation school and public improvement bonds in an amount not to exceed Twenty Five Million Dollars ($25,000,000.00) was adopted.

3.      HEALTH & EDUCATION COMMITTEE

a.      No report.

4.      PROPERTY MANAGEMENT COMMITTEE

a.      A resolution approving the standard form agreement between owner and contractor with Southern Roofing Company for roof replacement at the Old Armory was adopted.

      5.  PUBLIC SAFETY COMMITTEE 

            a.  A resolution authorizing the appropriate officials for and on behalf of Rutherford County to enter
                 into and execute the ground lease with Stonecrest for an ambulance station site was adopted.        

6.   PUBLIC WORKS & PLANNING COMMITTEE

a.   A resolution to approve a one year extension with Tennessee Tire Recycles, Inc. was adopted.

b.   A resolution to approve a 40 m.p.h. speed limit for Cripple Creek Road and Mt. Pleasant
      Road was adopted.

7. STEERING, LEGISLATIVE & GOVERNMENTAL COMMITTEE

a.    No Report

8. ANY OTHER BUSINESS

a.  No Report

There being no further business, Madam Chairman, Nancy 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