LEGISLATIVE DIGEST

OF THE

RUTHERFORD COUNTY

BOARD OF COMMISSIONERS

 

NOVEMBER 16, 2000

 

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 Paul Johnson, led the Invocation.

C.    Commissioner Joyce J. Ealy led the Pledge of Allegiance to the Flag of the United States of
        America.

D.    Twenty Rutherford County Board of Commissioners were present for the Legislative
        Meeting with the 11th District being vacant due to the resignation of Commissioner Steve
        Johns. 

E.    The Board of Commissioners adopted the October 12, 2000 Legislative Meeting Minutes
        as typed.

F.    RESOLUTIONS OF SYMPATHY

       1.    The Board of Commissioners adopted a Resolution of Sympathy in memory of Robert
              “Tee-niny” Scales.

       2.    The Board of Commissioners adopted a Resolution of Sympathy in memory of Michael
              Dewayne Trail.

G.    Janelee Wise of Main Street presented the Board of Commissioners with a Center for the
       Arts replica. Ms. Wise announced Main Street had these replicas for sale along with a
       second edition replica of the Rutherford County Courthouse.

H.    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 was presented the nominations of David Gore and
               Jimmy Woods to fill the 11th District Commissioner vacancy. The Board of
               Commissioners then elected Jimmy Woods to fill the 11th District Commissioner
               vacancy.

        3.    The Board of Commissioners appointed James O. Baker to the Industrial
               Development Board and the Health, Education & Facilities Board.
   
        4.     The Board of Commissioners was informed of a Commissioner vacancy on the
                Insurance Committee.

        5.     The Board of Commissioners appointed Randal Jones to fill the Zone #3 Highway
                Commission vacancy.

        6.    The Board of Commissioners was informed of the County Coroner vacancy.

        7.    The Board of Commissioners was informed of the appointment of Rosemary Owens
                to the Consolidated Utility District Board.

I.    UNFINISHED BUSINESS

       1.    No Report.

J.    REPORTS BY STANDING COMMITTEES

       1.    PURCHASING COMMITTEE
    
               a.    The Board of Commissioners adopted the monthly Purchasing Committee Report
                      as mailed out.

K.   The Board of Commissioners suspended the Rules to allow Judge Ash to swear in Jimmy
       Woods as the District 11 Commissioner and Randal Jones as the Zone #3 Highway  
       Commissioner. Commissioner Woods then took his seat on the Courtroom Floor as the
       District 11 County Commissioner.

L.    PUBLIC HEARINGS-6:30 P.M.

       1.    The Board of Commissioners held a Public Hearing on the request from Leroy Judd to
              rezone property located at 10794 Franklin Road from Residential-20 to Retail and
             Wholesale Trade with a Conditional Use Permit to allow 5331-Flea Market in the
              Retail and Wholesale Trade 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 Bio Energy
              (Tennessee), L.L.C. for property located at 750 E. Jefferson Pike for a Conditional
              Use Permit to allow a Landfill Methane Power Station in the Industrial 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 G. Edgar
              Michaels for property located at 6752 Old Nashville Hwy. for a Conditional Use
              Permit to allow a Boat Sale and Repair Shop 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.

        4.   The Board of Commissioners held a Public Hearing on the request from Mike Watson  
              to rezone property located at 7790 John Bragg Highway from Residential-20 to
              Construction with a Conditional Use Permit to allow 1711-Plumbing Contracting
              Service in the Construction 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.

        5.   The Board of Commissioners held a Public Hearing on the request from Doris Ann
              Jacobs for property located at 3266 Bradyville Pike for a Conditional Use Permit to                  allow 5932-Antique Stores and 5984-Hobby Shops 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.

        6.   The Board of Commissioners held a Public Hearing on an amendment to the                  Rutherford County Zoning Resolution. The amendment would change Article IV,
              Section 4.03 to read: “The Legislative Body, the Planning Department, the owner of
              the property to be affected by the proposed amendment, or their designated
              Attorney-in-Fact may initiate an amendment.” No one spoke for or against the
              amendment. The Board of Commissioners then approved the amendment as
              recommended by the Rutherford County Planning Commission.

M.    REPORTS BY STANDING COMMITTEES (continued)

        2.    BUDGET, FINANCE & INVESTMENT COMMITTEE

               a.    The Board of Commissioners were presented a recommendation for the approval
                      of the Resolution Approving the Financing by the Industrial Development Board
                      of Rutherford County, Tennessee for the purpose of financing the cost of
                      acquiring, constructing and installing the Project and the cost of issuing the Bonds
                      for National Specialty Services, Inc. No vote was taken at this time. The Board                         of Commissioners suspended the Rules to allow Michael Brady to address the
                      Board. The Board of Commissioners then adopted the recommendation. 

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

                      1.    County Attorney (2)
                      2.    Property Assessor/Reappraisal
                      3.    Criminal Court (Drug Court Grant)
                      4.    Sheriff’s Department (4)
                      5.    Ambulance Service (2)
                      6.    General Sessions Court (Judicial Commissioners)

            c.    The Board of Commissioners adopted a recommendation to change the way
                   Ambulance Services bill for services covered by Medicare as mandated by the
                   Health Care Financing Administration

            d.    The Board of Commissioners adopted a Resolution authorizing funding of Five
                   Hundred Fifty-Three Thousand Two Hundred Dollars ($553,200.00) from the
                   Local Purpose Tax Fund (Development Tax) for the purpose of constructing and
                   equipping a new Ambulance Dispatch Center on the Southgate Property.

            e.    The Board of Commissioners adopted the Solid Waste/Sanitation Fund Budget
                   Amendment.

            f.    The Board of Commissioners adopted the Drug Control Fund Budget Amendment.
    
            g.    The Board of Commissioners adopted the General Purpose School Fund Budget
                  Amendments with regard to Health Services and the Adult Education Program

            h.    The Board of Commissioners adopted the General Purpose School Fund Budget 
                  Amendment with regard to Residual Equity Transfers in the amount of Two Million
                  Eight Hundred Fifty Thousand Dollars ($2,850,000.00).

            i.    The Board of Commissioners adopted a Resolution authorizing the issuance of
                  interest bearing General Obligation Capital Notes, Series 2001 of Rutherford
                 County in an amount not to exceed Two Million Four Hundred Thirty Thousand
                 Dollars ($2,430,000.00).

    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.    The Board of Commissioners adopted a Resolution that the defendants in the matter
                   of Rutherford County Board of Education v. Rutherford County Commission , et al. 
                   not file an application asking the Tennessee Supreme Court to review the case so
                   that the decision will be final.

            b.    The Board of Commissioners adopted a Resolution that it rescind prior action taken
                   October 12, 2000 to redraw the 11th Commission District boundary lines and the
                   11th District Commission District is restored to its prior boundaries as previously                       established.

            c.    The Board of Commissioners suspended the Rules to discuss the court matter with
                   regard to George F. Howse Conditional Use Permit A-497.

            d.    The Board of Commissioners was presented a motion to send Conditional Use
                   Permit A-497 back to the Planning Commission for review. This motion failed.

There being no further business, Madam Chairman, Nancy R. Allen adjourned the Rutherford County Board of Commissioners Legislative Meeting at 7:20 p.m.



_____________________________________
Ed (Sonny) Elam, Rutherford County Clerk


_____________________________________
Jennifer Haynes, Deputy Clerk