Following a reception as the newest City employee, Taylor Cates was sworn in to his job as the first judge of Lakeland’s new Municipal Court tonight (7.12.18) at the BOC (Board of Commissioners) meeting.
Judge Robert Brannon from Germantown did the honors assisted by Judge Cate’s wife, Carolyn, and witnessed by one of his children, Campbell, along with his parents, Tom and Elaine Cates and his brother Andy Cates. His other two children are at summer camp.
Link to agenda: https://tn-lakeland.civicplus.com/ArchiveCenter/ViewFile/Item/780
Mayor Wyatt Bunker said it was a special day for Lakeland to observe the swearing in of the first Judge.
Of Judge Cates, Judge Brannon said the City could not have selected a better person. “It’s a great honor to swear him into this office.”
Judge Cates said he appreciated everyone being at the ceremony and he looks forward to serving the City. “I am grateful for this position.”
BFI – Republic Services
After much discussion about trash and recycling service in Lakeland over the last six months, the BOC voted 4 to 1 to provide 180 days’ notice to terminate the contract with BFI. Commissioner Clark Plunk voted against the resolution.
Mayor Bunker said he had mixed emotions about severing the relationship with Republic but he wasn’t sure the company would be able to resolve the issues. Vice Mayor Josh Roman and Commissioners Wesley Wright and Matt Wright echoed the Mayor’s reports that citizens continue to have problems with the service, particularly mechanical breakdowns which cause multiple neighborhoods to be missed.
Gerry Burke with Republic addressed the BOC asking if he could possibly delay or postpone the notice letter. He said there are new changes within the company and he would like some time to show the service is improved. “I understand garbage shouldn’t be an issue every day,” said Mr. Burke. “Could you give us 30 to 45 days before it goes out to bid?”
After conferring with legal counsel, Mayor Bunker said he wanted to give Republic the 180-day notice but if there is a noticeable change in service in a month, the contract could continue.
During the discussion, Commissioner Clark Plunk asked how the Commissioners could fire the garbage service without any discussion. Vice Mayor Roman said his recommendation was based on his poor experience with garbage service. Commissioner Plunk added there was obviously a lot of conversation about garbage service, indicating he didn’t feel he was part of the conversation.
Mayor Bunker explained he introduced the item, asked the Republic representative to come to the podium, recognized Commissioner Plunk and then went into executive session. “What is your point?” the Mayor asked Commissioner Plunk.
Commissioner Plunk said the agenda item was the first he had heard about the termination. “Can’t we talk about it? It’s not fair to this man.”
Commissioner Wesley Wright said the item was new to the agenda but he has known for months there were trash issues in many neighborhoods.
Mayor Bunker said he introduced the termination because Mr. Burke was at a January BOC meeting and told then if service did not improve, it could be terminated. He noted trash was missed in his neighborhood during the Fourth of July holiday as well as in the Oakwood subdivision. “These are significant failures in the City. I promised to do this in January.”
Mr. Plunk remained steadfast that garbage service is fine. “My neighbors think they are doing a great job. I personally don’t think it’s a huge problem.”
Jim Atkinson, city manager, said he would make Republic Services an agenda item in August with an update and any possible proposals.
“The clock is ticking. Let’s make sure we get this right,” said the Mayor.
City Manager’s report
- Mr. Atkinson acknowledged Debra Murrell who is the longest tenured employee in the City. She was recognized for her 20 years of service with a luncheon June 27.
- The Estates of Chambers Chapel will be back with an amendment to their development, he said. There was a missing piece to their development and they have that parcel under contract.
- He introduced the new marketing booklet from the Lakeland Chamber of Commerce which is a guide to the City. The Chamber worked with Economic Development Board Member Alan Johnson for a year to compile the booklet. He said he took 25 to a local realtor and now they want 100 more. There is also an electronic version of the booklet.
Commissioner Plunk asked how the Chamber gets its funding. Wil Ashworth, president of the Chamber, explained money allocated from the City budget is used for operating funds and monthly activities. He added the Chamber also applies for grant money and last year received $30K. Those monies are used for marketing.
Mr. Ashworth said there was an initial order of 1,000 booklets but more can be easily ordered.
Public Discussion
Resident Laura Simons appealed to the BOC about the holdup of building a high school for Lakeland. The stall on building a high school addition to the middle school is a result of legal action by Lakeland residents who filed a lawsuit against the construction. The lawsuit was dismissed, but the same group has indicated they will file an appeal. Mrs. Simons said citizens are frustrated about the delay. Mayor Bunker said it has been a long, drawn-out process and has cost the City tons of money. “I am confident we are going to win this. I see a high school in our future,” he said.
Other business
- A final reading to amend certain provisions of the Lakeland Municipal Code related to the sale of beer passed.
- Judge Cates gave an overview of the new Municipal Court, saying criminal cases will not be handled. But code enforcement through the court will be another tool in the toolbox of John Highsmith, the code enforcement officer for Lakeland. He said the first hearing is likely to be in August and the court will meet, as needed, the first Wednesday every month at 8:30 or 9 a.m. He explained the first experience for a violator will be equivalent to an arraignment in criminal court, providing details on consequences for the offense and fines assessed, perhaps per day. He said for larger situations which took longer to develop, there will be discussion as to what can be done before the next court date. The court sessions are open so anyone from the community is welcome to attend.
- Tammi Ware, the current City receptionist, was named as the first Court Clerk. When introduced, she said she loves working for the City and she appreciates being selected for the post. She will handle both duties going forward.
- A resolution passed for a contract with Standard Construction Company, Inc. for the annual paving contract.
- Withdrawn from the agenda was a resolution about reduction of security deposits for public and common improvements in Oakwood Grove subdivision.
Chamber funding
A resolution to execute a funding agreement with the Chamber was amended to read $2,000 a month instead of the current $1,500 a month. The Mayor said the Chamber is a key component of economic development. “There is plenty of justification for adding $500 a month,” he said.
Street patching contract
An annual paving contract was approved for Gibson Paving Inc.
Commissioner Plunk asked Emily Harrell, city engineer, her opinion of liquid streets, referring to a recent treatment to streets in Winstead Farms and Ivy Creek. There has been a lot of chatter on social media that the street paving work was sub-par.
Mrs. Harrell said Liquid Road is not a paint but a material to preserve the pavement for seven to 10 years. She said Lakeland is the first municipality in the area to use this pavement preservation. And with the exception of a few manhole covers, Winstead Farms roads are finished.
Commissioner Matt Wright mentioned a flyer was distributed last week among residents of both neighborhoods, saying the City was not doing the work properly. The flyer said the streets had been painted instead of paved and the Mayor leapfrogged certain streets ahead of priority areas, all for votes in the upcoming election. The anonymous flyer likened the process to “lipstick on a pig.”
The Mayor thanked Mrs. Harrell, saying, “We appreciate you pioneering that for us.”
Discussions
In the search to find a new city manager, Mr. Atkinson said the deadline to apply is July 20 and applications are being submitted to the City Attorney. He expects good candidates who will do their due diligence and investigate the City, its politics and social media. Applications will be given to BOC members who will select the finalists who will appear before the Board.
Mayor Bunker brought up a communication policy with the City Attorney noting higher than normal legal bills for this year. “The lawsuit (against building a high school) is driving our costs up,” he said. However, he suggested an internal tracking process for calling legal counsel. Mr. Atkinson will bring some ideas to the August meeting.
SCSO
Lt. Kathy Crowder from the Shelby County Sheriff’s Office was unable to attend, but sent a report for June.
Increase in the following:
Lakeland – TFMV (Theft from Motor Vehicle)
Fourteen (14) Reported
Ten (10) of the vehicles were left unlocked
Four (4) handguns were stolen out of the unlocked vehicles
Photo album of Judge Cates: https://photos.app.goo.gl/hXyAqgcrWxaVStBR7
Photo album of BOC meeting: https://photos.app.goo.gl/b7k7rfrqLfLHhzU28
… Photos by Jim Willis, Lakeland Currents
Link to livestream: https://livestream.com/lakeland/events/8288809