Dearest Neighbors
Please allow my family and me this opportunity to express our gratitude
and extend our humble thanks to everyone who has helped us through this difficult ordeal.
Your donations, support, and especially your prayers have literally lifted our spirits
from the ashes. Mark, Evan, Heather and I pray that all of you will receive the kindness
and goodwill throughout your lives that you have shown our family.
Again, THANK YOU and may God bless and protect you.
Sincerely,
Bruce Moorman
December
30, 1999
BOC Work Session Report Highlights of Probable Action at the Jan. 6 Meeting
Don Bennett
Wednesday's work session determined what items will be on the action agenda for the
January 6 meeting. Last night's discussions on significant topics are summarized in this
report.
Flood Insurance
As homeowners know who have tried to insure their homes against floods, Lakeland does not
qualify for FEMA (Federal Emergency Management Agency) endorsed flood insurance because
our current zoning ordinance lacks any description of flood areas. The new zoning
ordinance will contain such a map. After final 2nd reading of the zoning ordinance by the
BOC (estimated to be 2-3 months away), the ordinance will be sent to Nashville, then to
Washington for adequacy examination. If all goes smoothly flood insurance should be
possible in Lakeland by late summer, 2000.
City Hall Addition
Several changes (some due to verbal requests of city officials, some due to county
requirements) have been made to the building that deviated from the contract. The BOC will
have to vote to pay up to $13,000 more (total now about $350,000 including furnishings for
only the large meeting room). The big item, $10,600 for a firewall between the old and new
buildings, was mandated by the County Fire Marshall three months after the County Building
Code Div. OKed the plans without firewall or sprinklers. (Sprinklers would have cost some
$40,000 so the contractor opted for a firewall.) Several months after the firewall was
constructed, the County Fire Marshall admitted he made a mistake—that Lakeland was
not under County Fire Code requirements. The real problem is that Lakeland has no fire
code at all. Other cities in the county have either adopted their own fire codes or have
approved the County code. Lakeland has done neither—something that will be shortly
corrected, says City Manager, Joe Kirby. In the meantime, who will pay for the $10,600
fire wall? Lakeland? Jim Wheeler Builders? The County? Last night's discussion did not
mention trying to collect from the county, so that leaves Lakeland or Wheeler.
Sewer Fund to Pay General Fund $400,000 toward Construction Bill
The BOC is likely to approve the switch of funds from one budget code number to another.
This action masks a much larger dispute between the Mayor, several commissioners and the
City Auditor, David Shelton. Shelton believes the total outstanding amount still owed to
the General Fund for the sewer is in the neighborhood of $750,000. The Mayor believes the
total is nearly double that. He has asked, in a private communication to the State
Auditor, for an audit investigation.
Retreat
Mr. Kirby and Debra Morrell, were complimented on their extensive research into how other
cities in the state conduct retreats. Of ten cities contacted, only two have had retreats,
and not on a regular basis. Memphis has a workshop type session once a year that focuses
on a key issue to which guest speakers are invited.
Only Comm. Temple presented a tentative agenda for a Lakeland retreat, to which she
believes the BOC, City Manager, City Recorder, and a minute taker by law must attend since
the retreat will have to be a called special meeting, open to the public. Comm. Temple
believes that in order to begin to function smoothly, Lakeland officials must "start
at the beginning and determine the role and responsibilities of the commissioners, the
mayor, the city manager, and the city recorder plus the ways that these officials can/must
communicate with each other and with other city boards and departments, city attorney, and
outside agencies." Other BOC members were invited to bring agenda ideas to the
January 6 meeting. The majority of the BOC indicated a willingness to vote for a retreat
if an agenda could be agreed to.
Separate Staff for Planning Commission
The Mayor presented a request for additional staff to be assigned to the MPC so this board
would operate more efficiently and with fewer errors (assistant planner, minute taker,
engineer, attorney as needed, educational classes, copies of Roberts Rules).
Comms. Temple
and Carmichael acknowledged that there may indeed be a need for expanded city staff, but
it was up to the City Manager to request same and provide a budget request to cover this.
Mr. King, City Recorder, advised that there will be a budget review in January that could
include such possible needs. The item was taken off the agenda for January 6.
Rezone Annexation Area 4
This area of the City, north of US 70, roughly between the Loosahatchie River, Canada Rd.
and Evergreen Rd, was annexed by Referendum, and the zoning has never been converted from
county zoning (largely industrial) to Lakeland zoning. The original annexation by
ordinance which included rezoning to F.A.R. was rescinded. The action will be referred to
the MPC for re-initiation consideration at their January work session and will not be
considered at the Jan. 6 BOC meeting. It should be noted that this second annexation by
referendum is being contested in a law suit brought by Rudolph Jones, Jr.
State Auditor to Review Legal Expenses
With little discussion the BOC agreed to place this item on the Jan. 6 agenda. It will
call for the State Auditor to examine the BOC's previous authorization to pay the
individual legal expenses of commissioners.
December
29, 1999
Christmas Tree Disposal
Chris Masin
City of Lakeland, Public Works Director
The City of Lakeland encourages everyone to recycle their Christmas tree by either:
A. taking it to I. H. Managerial Park behind the clubhouse, or
B. placing the tree at streetside. Beginning next Monday a City chipper crew will pick up
Christmas trees along with any other small brush trimmings. Depending on the number of
trees to be picked up, crews may take the entire week to make it around the entire city.
We'll be there as soon as we can.
The city receives landfill reduction credits for chipped Christmas trees, so please help
us help the environment.
December 29, 1999
Insurance Won't Cover Moorman's Rebuilding; Community rebuild project may be
tried. What can YOU do to help?
Ginger and Gearld Smith
The Moorman family; Bruce, Heather, Evan and Mark, lost their home in a tragic fire on
Christmas Eve. They were blessed with gifts and donations from neighbors to help their
young children enjoy Christmas and not lose their belief in Santa Claus, but their hopes
were again crushed on Monday morning. They found out their insurance was not enough to
rebuild their home; the replacement cost coverage they thought they had was nonexistent.
As you read in Tuesday's Commercial Appeal and Wednesday's East Shelby Review, the
Moorman's Stonebridge neighbors and Lakeland's Civic Organizations are showing a wonderful
outpouring of support—emotional and financial. And the Lakeland Civic Club and
Lakeland Lions Club have both made significant contributions to add to Sunday's amazing
neighborhood happening that turned drive-by gawkers into willing contributors.
Any donations are welcomed and no donation is too small. Cash donations will be accepted
at any Peoples’ Bank location. The Moorman's remodeled kitchen is no more but the
Sears installment payments will still have to be made!
Commissioner Mark Hartz, a real estate broker, is in the beginning stage of assembling a
list of all Lakeland and Lakeland-friendly building professionals (contractors,
developers, plumbers, electricians, drywallers, roofers, truckers, flooring specialists,
framers, etc.) who would be willing to contribute or assist with brother-in-law rates to
accomplish the necessary gutting and rebuilding of the Moorman home as a modern day
community "barn raising." If you fit into any of these categories, or others not
mentioned, and would be willing to give some assistance, please call Mark, 373-8962
(e-mail is mhartz@legislator.com). If this idea takes becomes reality, willing labor will
be needed too. Call Mark if you don't mind getting sooty, hammer nails, be a gofer,
provide a mobile kitchen for workers, etc.
The Moorman's have told us that they would like to stay in Lakeland while rebuilding takes
place. Anyone know of a home for rent? Call Bruce on his c-phone if you do: 216-4714.
December
26, 1999
Lakeland Responds Quickly to Moorman Home Loss, Donations accepted at Peoples Bank
Ginger and Gearld Smith
Thank you for your response to our e-mail! The cause of the fire at the Moorman home on
Christmas Eve is not yet known. The Fire Department felt that it started near the
electrical box, but they are not sure. The family was not at home at the time of the fire.
They were driving home and had to pull over to let the fire trucks pass, not knowing that
it was their own home on fire.
The outpouring of help to the Moorman family in the way of clothing items has been
wonderful. Helping Hands' Connie and Hank Hess went shopping Christmas Day for toys for
Mark and Evan. Neighbors brought gifts from under their own trees. Scott Carmichael and
his wife brought clothes to the Hess' and helped get things ready. Another lady from
Stonebridge that works at Walgreens got the store to donate toys to the family. Gifts were
left at our back door Christmas morning and we delivered them that morning to the family.
Bruce and Heather said that the boys had forgotten all about the fire and were busy
playing with all of their new toys. They wanted to know how to thank everyone for helping
save Christmas for Mark and Evan. We told them that knowing that everyone in the family
was OK was enough.
Some Neighbors took up a collection outside the house today and others left contributions
here. The Lions Club and the Civic Club have indicated
their desire to help. There will be an account opened tomorrow at Peoples Bank to accept
donations for the Bruce and Heather Moorman Fund.
At the present time the most immediate need will be shoes for Bruce and Heather (Bruce - 9
1/2 and Heather 7 to 7 1/2). Fortunately the boys' clothes and shoes did not burn, but
were damaged from smoke and water. Some of them can be cleaned. The next step will be to
help with sheets, towels, pillows, and dishes. We will keep the community updated on the
bank account and where the Moorman's will be housed temporarily. (They have relatives in
Oakland and Memphis that they are staying with until the insurance company locates a
temporary home for them.)
Thanks again for your outpouring of love and community compassion. You can contact us at
385-2612, 9143 Fletcher Trace.
Blood Donations Still Needed for Mac Holbrook
Don Bennett
About two weeks ago we communicated Mac Holbrook's need for whole blood to replenish
supplies used to handle her hemophilia. Mac wants those who were able to contribute before
Christmas to know how much she appreciates your help. Unfortunately, Mac is still in
Methodist North, and is still in need of transfusions.
If you can take 30" between returning gifts, stocking up for Y2K, for NYEve and just
going about your busy lives, please stop by any branch of LifeBlood and give Mac a boost.
Ask LifeBlood to credit Mac Holbrook, a patient at Methodist North.
Thank you.
December
25, 1999
Christmas Eve Tragedy in Stonebridge
Gearld Smith
As I am sending this message out to everyone that I know in the city, a fire is burning
away at 9184 Fletcher Trace Parkway in Stonebridge. My neighbors Bruce and Heather Moorman
are probably loosing all their possessions, and the Christmas gifts that they had planned
to give their two young sons are going up in smoke. Their two small boys Evan and Mark
will be waiting on Santa Claus tonight and their mother and father, Bruce and Heather
Moorman will not know what to tell them.
I would like to ask for your help tonight to bring Santa Claus to these children tomorrow.
The Moormans will be spending the night with their parents. Wouldn't be great to surprise
them with some gifts from Santa. There boys are 3 years old and 5 years old. I am sure
that they will need our prayers as much as our support. Please call me with any gifts or
information that can help this family during this crisis. You can reach me at 385-2612,
9143 Fletcher Trace.
(Ed. Note: QNet thanks Gearld for initiating this neighborhood help action and also
"Signscud" and "LakelandTN" for forwarding his communication to as
many as possible while QNet was dark. Gearld will keep in touch with you through QNet
regarding what other help the Moorman family may be needing in the days ahead.)
December
23, 1999
BOC Rejects County Reserve Agreement in Special Meeting Today; reconsideration set
for Dec. 29. BOC could not make judgments on "technicalities;" documents
not provided in time
Don Bennett
Yesterday at 3:55p.m. the Mayor called a special meeting for 8:45a.m. today for the BOC to
authorize him to sign the annexation reserve agreement with the other municipalities in
Shelby County. (See today's Commercial Appeal lead story.) Mayor Bomprezzi had refrained
from signing the document because of several "minor" changes made in the final
binding agreement. He felt that the BOC should consider the changes and give its
permission for him to sign.
This reporter went to City Hall today at 11:30a.m. on other business and found the meeting
about to begin. The first part of this report was obtained second hand from several first
hand sources The second part was personally observed.
At 8:45a.m. there was not a quorum. Rather than cancel the "meeting," the Mayor
waited until City Attorney Rick Winchester arrived about 9:00a.m., Comm. Hartz was called
and agreed to participate by phone—this would be a legal quorum, said Mr. Winchester.
But in the middle of explaining the reason for the special meeting, Mr. Winchester said,
"Whoops, this meeting might not be legal." Norman King, City Recorder, showed
Mr. Winchester new changes in the Tennessee Code which require that a physical quorum be
present before absent members can vote on issues electronically. In the meantime, Comm.
Temple had called and found out about the quasi meeting. She agreed to defer a prior
commitment and come to the meeting, as did Comms. Carmichael and Hartz.
The special meeting finally convened about 11:40a.m. The Mayor mentioned that the BOC had
to give its response within 24 hours of Wednesday's meeting, thus the reason for the
emergency special meeting. However, Comm. Temple said that she had spoken with Mayor Rout
last night and he had not mentioned such a deadline. Discussions at several different
times during the hour-long meeting never made it perfectly clear where the 24-hour
Lakeland time limit came from, if one truly existed.
Even though Comms. Hartz, Temple and Carmichael were upset about the
suddenly called meeting and the fact that they were not given all of the supporting
documents in their packet delivered Wednesday afternoon, they seemed to be headed toward
agreeing to vote for the Agreement, since the only apparent changes to the previously
agreed-to Memorandum of Understanding were several paragraphs of options open to the City
regarding buying MLGW water infrastructure should they ever want to do this.
However, just before the vote several items came to light that caused great consternation.
A. Rick Winchester had drafts of the final agreement up to 8 weeks ago and never sent
these to the BOC for review.
B. Mayor Bomprezzi announced that there was a not-yet-formalized boundary difference to be
settled between Arlington and Lakeland - - a difference between the property descriptions
and the boundary map. He said that he had spoken with Mayor Horton, who said everything
could be worked out.
Mayor Bomprezzi and Rick Winchester both stated that these were minor things and need not
deter the BOC from approving the Agreement. However, Comms. Temple, Hartz, and Carmichael
didn't see it this way. They laid out the need for the entire BOC to be adequately
informed so that intelligent debate/discussion could take place before consent, as is
required in the Lakeland form of government. Because of the way this matter had been
handled, they were kept out of the information loop so long they could not possibly make
an informed decision. Particularly troublesome was their new awareness that there was an
Arlington border problem that had not been communicated to them at all, they said.
The vote was 3-2 to reject the agreement. Bomprezzi and Griffin voted for it.
The meeting was adjourned.
Comm. Temple said that she would try to contact Mayors Herendon and
Rout to explain why the BOC voted against the Agreement. Comm. Temple and Hartz
immediately called for a special meeting prior to the Dec. 29 BOC work session to consider
the matter again.
December
18, 1999
Appeals Board Grants Variance to Express Oil, Turns Down WonderBread/Dollar
General
Don Bennett
Friday, the Board of Zoning Appeals, at a 3:30p.m. meeting, granted Express Oil Change a
variance which reduced the required number of parking spaces from 17 to 14. The variance
was requested primarily because Express Oil's business plan is to service auto oil changes
and brake replacements on a "while you wait in your car" basis. Therefore the
typical number of customer parking places for a retail facility will not be utilized.
In a second action, the BZA denied WonderBread/Dollar General's appeal
of the Planning Commission's rejection of their site plan.
A key issue concerned whether or not the applicant met the requirements of the Zoning
Ordinance's screening requirement between homes and businesses. David Wade, attorney for
the applicant, stated that his client was given an ordinance interpretation by Mo Khelif,
City Planner, that ten feet of screening was sufficient. However, Don Bennett, BZA member,
pointed out that the ordinance specifies a 10' maximum screen only for the street side.
The ordinance leaves it up to the discretion of the Planning Commission to determine the
necessary screening for the rest of the perimeter. "The location, size and type of
commercial development will determine the type and amount of screening and
landscaping." (Sect. VIII H) Mr. Khelif stated that he had generalized the street
side maximum to the entire perimeter. The Land Use Plan suggests a 50' buffer between
medium density residential areas and commercial areas. Mr. Khelif stated that he believed
this applied only to newly constructed residential areas. There was not sufficient space
in this lot to accommodate a 50' buffer, he stated.
Another reason given by the MPC for rejecting the site plan was the use of 85% of the
WonderBread facility for distribution of fresh bakery products. The MPC felt that such a
usage was not appropriate in a retail business district, especially since 8 to 10 delivery
trucks would go out at early hours, then return in the early evening just ten feet from
the resident's property line. Mr. Wade and Mr. Steve Harris of Continental Baking Co.,
contended to the BZA, as WonderBread had contended to the MPC, that the distribution
function was an "accessory use customarily incidental to the retail use," and
should therefore be allowed in the retail zone. Without the distribution function, there
could not be a retail Thrift Store, they stated. However, Mr. Harris did admit, when
questioned by BZA member Scott Carmichael, that some Thrift Stores are serviced without a
distribution hub attached. Questions by BZA chair, Randy Nicholson, revealed that the
WonderBread semi-trailer bringing fresh products to the site would arrive around 10p.m.
and remain until early morning on the east side of the site, not next to homes. However
the delivery trucks, as well as the Dollar General stock semi-trailer, would use a drive
next to residential lots on the east side of the site. Mr. Khelif had indicated in his
staff report to the BZA that "9. Trucks must enter the site on the eastern end in
order to minimize traffic effect on adjacent residential neighbors." He later told
the BZA that "trucks" was meant to refer to semi-trailer trucks.
The MPC was also concerned about the effects of parking lot lighting and the coming/going
of car lights since some of the parking spaces were only ten feet from residents' property
lines. (The applicant was to install a 7', later suggested to be 8', fence.)
Three residents gave concerns relating to the above topics as well as others: erosion
caused by the driveway cut, overflow stormwater possibilities, trees overhanging
residential property, and dumpsters placed close to resident's property lines. Jere
Kingsbury, MPC vice-chair corrected several presentation statements made by Mr. Wade which
referred to reasons the MPC rejected the site plan. The primary issue was that the MPC had
never believed the site to be a "warehouse," but had questioned the
appropriateness of a "distribution" function in the retail zone.
After a brief summary, the BZA voted to uphold the MPC's rejection of the site plan and
denied the applicant's appeal on a unanimous 3-0 vote.
It should be noted that the meeting was held without the presence of Charles Thompson,
Design Review Commission ex officio member, who was out of town, and Kevon Hardin, MPC ex
officio member, who was called away just as the meeting began. Both applicants agreed to
present their requests to the BZA with the minimum quorum of three members.
December 18, 1999
Lighting of the Greens Celebrated
Judy Bennett
Approximately 100 people attended Lakeland's annual Lighting of the
Greens celebration in the cheerful and comfortable interior of the Lakeland Peoples Bank
at 5 p.m. on Saturday, Dec. 11th. On hand were, of course, the Jolly Old Elf, himself, and
the Missus. (During the year, Santa pretends that he's Mitchell Brown, and Mrs. Santa is
disguised as Ruby Aiello, but at Christmastime, these two Lakeland residents assume their
true identities, to the delight of Lakeland's children and their elders.)
This year the Lakeland Civic Club, which has sponsored the Lighting of
the Greens celebration for the past 20 years, incorporated the management of Lakeland's
Christmas lighting contest. Under the direction of Margaret Brown, and with the help of 2
judges from each Lakeland organization, the lighting contest resulted in awards for the
following homes:
1st Place - the Eugene Carolino family, 4080 Loch Meade Drive;
2nd Place - the Ronnie Jones family, 9637 Kingsridge Drive;
3rd Place - the Eric Triche family, 4109 Cedar Point Road.
Also, an award was made by the Garner Lake Association for the best decorated home on the
lake side of Garner Lake. This award went to the Minton family of 9540 Blue Spruce. The
awards for the winners included certificates, a commerative cup and key to the city, and,
for the first place winners an original Santa cut-out yard decoration. The City cups and
keys were presented by Mayor Jim Bomprezzi.
Other important gifts and awards were presented. Civic Club president,
Dale Jones, presented Mayor Bomprezzi with a check for $1,250 to re-imburse the City for
trash containers which have been placed in I.H. Managerial Park. These funds were
allocated by the Civic Club for this purpose nearly two years ago, but the transfer of the
funds was delayed until the permanent ownership of the park by the City was legally
assured.
Additionally, Diane Eason, coordinator of the St. Jude "Wheels-for
Life" bicycle event, held in conjunction with the Chamber of Commerce-sponsored
Lakeland Christmas Parade, announced the following winners (listed in 1st-to-3rd-place
order):
Best Decorated bike--Jordon Scott and Sarah Fitzgerald;
Adult division--Brad Wuerfel, Paul Campbell and Maggie Eason;
Junior Division--Conley Herndon, Jessica Hughes, and Chris Hughes.
The overall winner (person who raised the most money for St. Jude) was Conley Herndon.
Finally, the Civic Club made an additional donation of $150 to
Lakeland's Helping Hands project, bringing the Civic Club's total contribution to $500.
Afterwards many participants further indulged themselves in the true meaning of Christmas
by giving more money so that children who otherwise would have nothing will receive a few
toys and some brand new articles of clothing for Christmas. Their parents will receive a
basket of food for Christmas dinner.
The St. Francis Contemporary choir, under the direction of Cheryl
Scott, provided the music. Sue Ward coordinated the refreshments. Peoples Bank provided
the space and the candy canes. Lakeland residents who came out to mingle provided fun and
good cheer, which are among the best gifts of Christmas.
December 18, 1999
Special BOC Meeting Report City to defend against Griffin law suit
Don Bennett
The Board of Commissioners met yesterday in special session to consider repealing the 5
indemnification resolutions passed last year to pay legal costs and "penalties"
for all commissioners sued by David Martin for alleged violations of the "Open
Meetings Law." Also on the agenda was a consideration to repeal the "limited
indemnification" resolution which provides all board members (including the
BOC)
legal defense not covered by City Insurance, for allegations brought against boards or
board members "for inadvertent violations of the Tennessee Open Meetings Act or other
activities which might occur in the course of such member's good faith performance of the
duties of his/her position for which insurance is not otherwise provided." This
resolution does not provide indemnification for "penalties," but it continues
indemnification into the future. The final agenda item was action on Comm. Griffin's new
law suit against the City, the principal purpose being to prevent the City from repealing
the above resolutions—"a complaint for declaratory relief, injunctive relief,
express, implied and equitable indemnity, apportionment and contribution, and anticipatory
breach of agreement."
As the meeting opened, Comm. Temple moved to withdraw all her items of
business having to do with repeal of the indemnification resolutions. Comm. Temple gave as
her reason, that this consideration should take place at a time more convenient to the
public. This passed 3-2. The Mayor and Comm. Griffin did not support the withdrawal.
The Griffin v Lakeland law suit was discussed and voted on. In Comm.
Hartz' motion the BOC voted 3-2 "to fight the lawsuit and send it forward." In
his discussion Comm. Hartz suggested that Comm. Griffin and City Attorney Rick Winchester
should resign. Mr. Winchester did not comment. Ms Griffin said, "I have no intention
of resigning. All I am trying to do is determine what my rights are. Can the City make an
agreement then back out?"
The BOC did not determine who will represent the City in the case. The plaintiff in the case is Nina Griffin and the defendant is City of Lakeland, Tennessee. Mr. Joe Kirby, City Manager, is the only one named in the filing submitted for Comm. Griffin by attorney Gordon Olswing. The summons defendant is: "Joe Kirby for Lakeland, Tenn, City Manager." The summons was issued by the court clerk on December 3, 1999 but was not served until December 15, 1999.
December
16, 1999
Board of Commissioners Special Meeting Tomorrow at 2:45p.m., City Hall Temple and
Hartz seek repeal of Martin lawsuit Commissioner indemnification resolutions
Don Bennett
Agenda:
1. Discuss and take action to repeal Resolution 98/05-06, indemnification of Wilkerson.
2. Discuss and take action to repeal Resolution 98/05-07, indemnification of Temple.
3. Discuss and take action to repeal Resolution 98/05-08, indemnification of Griffin.
4. Discuss and take action to repeal Resolution 98/05-09, indemnification of Carmichael.
5. Discuss and take action to repeal Resolution 98/05-10, indemnification of Bomprezzi.
6. Discuss and take action to repeal Resolution 98/05-12, indemnification of individual
members of City of Lakeland boards and commissions.
7. Discuss and take action regarding the law suit (#305790-7) Griffin vs City of Lakeland.
Prior to this public meeting the BOC will meet in closed session with City Attorney Rick
Winchester regarding the Griffin vs Lakeland law suit.
After this 2:45p.m. public meeting the Board of Zoning Appeals will hear two appeals (at
3:30p.m.) from WonderBread/Dollar General and Express Oil Change.
December
15, 1999
Martin Signs Lawsuit Settlement Offer from City, Comm. Griffin Files New Suit
Against City. Ides of December Yields Bizarre Irony
Don Bennett
On the same day that David Martin signed the City's authorized offer, signed by Mayor
Bomprezzi, to accept $30,000 in exchange for a "no-fault" settlement of his
two-year court battle with the Bomprezzi administration, the Mayor's staunchest political
ally filed a new law suit in Circuit Court against the City.
Comm Griffin's suit is titled "Complaint for declaratory relief, injunctive relief,
express, implied and equitable indemnity, apportionment and contribution, and anticipatory
breach of agreement."
The ten page documents lists 79 reasons the suit is justified, such as:
• (19) The Plaintiff, David F. Martin is not entitled to any sum of money from the
City of Lakeland or the individual Commissioners.
• (22) The City of Lakeland duly and lawfully resolved to bear the expense of any
legal defense of frivolous litigation alleging any intentional violation of the Tennessee
Open Meetings Act.
• (26) But for said resolutions, Defendant Nina Griffin may have taken other actions
which in hindsight would have been less beneficial to the City of Lakeland, its citizens,
the other Commissioners and herself.
• (42) The voluntary execution and delivery of the Sworn Affidavit by Commissioner
Carmichael necessitated and resulted in the City of Lakeland employing and paying six (6)
attorneys instead of just one.
• (55) Upon information and belief Commissioners Patra Temple, Scot (sic) Carmichael
and Mark Hartz are politically aligned and politically, socially and personally friendly.
• (60) As a majority, Commissioners Carmichael, Temple and Hartz are, as a group able
to pass resolutions and rules the result of which would be to require Commissioner Nina
Griffin to reimburse the City of Lakeland for attorney fees incurred on her behalf
pertaining to the Martin's litigation.
• (64) Commissioner Mark Hartz has indicated to Commissioner Griffin that he does not
like her and will get her if he can.
• (70) Any attempt by the City of Lakeland or its representatives to recover from
Commissioner Griffin attorney fees incurred on her behalf as a result of the Martin
litigation would likely eliminate the possibility that bright, well intentioned people
would ever run for public office in Lakeland.
• (72) Upon information and belief Commissioner Temple plans to use the threat of
recovering attorney fees as "leverage" or "over the heads" of
Commissioner Griffin and Mayor Bomprezzi and otherwise, plans to cause Lakeland to seek
recovery of fees and monies from Commissioner Griffin.
• (76) This Complaint shall serve as notice to the City of Lakeland of Plaintiff's
tender of notice and demand for indemnity and contribution as set forth in the above noted
resolution.
• (78) Plaintiff is entitled to indemnity and contribution, including reasonable
attorney fees and costs incurred in defense of Mr. Martin's actions in case of settlement
or resolution of Mr. Martin's claims by the City of Lakeland and/or other Commissioners.
• (79) The City of Lakeland is lawfully responsible for action of its lawfully
elected officials, particularly those action of its duly elected officials.
WHEREFORE, premises considered, Plaintiff prays:
(1) That the City of Lakeland, its duly elected officials, the City Administrator and its
agents and representatives, be enjoined, restrained and estopped from taking or
instituting any action against Plaintiff, Nina Griffin for recovery of attorney fees,
costs, "penalties," damages and litigation expenses incurred on her behalf by
the City of Lakeland arising from the Martin Complaint.
(2) That the City of Lakeland, its duly elected officials, the City Administrator and its
agents and representatives be restrained, enjoined and estopped from taking any actions
the purpose of which, is contrary to resolutions previously passed by the City of Lakeland
regarding indemnification.
(3) That the City of Lakeland reimburse and indemnify Commissioner Nina Griffin for legal
fees, litigation expenses and penalties and other monies incurred by her as a result of
the Martin lawsuit as set forth on the Resolution of the City of Lakeland.
(4) The City of Lakeland be required to indemnify Commissioner Griffin for fees and
penalties arising from defense of the Martin Lawsuit.
(5) That the resolutions regarding indemnification constitute a binding agreement by and
between the City of Lakeland and Commissioner Nina Griffin.
(6) For judgment against Defendant City of Lakeland for implied contractual indemnity,
apportionment, and contribution.
(7) For Judgment against Defendant City of Lakeland for equitable indemnity,
apportionment, and contribution.
(8) For Judgment against Defendant City of Lakeland for express indemnity.
(9) For Anticipatory Breach of Agreement.
(10) That Commissioner Nina Griffin be discharged from all obligations and liabilities to
the City of Lakeland pertaining to the monies incurred by the City of Lakeland arising
from the Martin litigation.
(11) If judgment is rendered against Nina Griffin, then she shall be entitled to
indemnification, contribution and apportionment from the City of Lakeland.
(12) For an award of reasonable attorney fees incurred by the Plaintiff on this action.
(13) Costs of suit incurred in this action.
(14) For such other relief, both general and specific to which the Plaintiff may show
herself entitled.
This is the first demand for injunctive or extraordinary relief made by the Plaintiff Nina
Griffin for this action.
The entire document, Case No. 305790-7, may be viewed at or purchased from the office of
Thirtieth Judicial Circuit Court at Memphis.
Regarding the settlement of the Martin litigation, although the Board of Commissioners has
authorized the agreement, the Mayor has signed it, and Mr. Martin has signed it, the
document must now be filed with and accepted by Chancellor Evans as an acceptable
settlement in the eyes of the court. Chancellor Evans is likely to receive the document
Thursday or Friday.
December 15, 1999
Design Review Commission Meeting Report
Judy Bennett
The meeting was held December 14 in the new meeting room of City Hall.
Members present: Christy Aguanno, Judy Bennett, Cieran Lawlor, Susan Mitchell, and Patra
Temple, BOC liaison.
Members absent: Judy Balton and Charles Thompson.
City Staff present: Darren Sanders, sitting in for Mo. Khelif, City Planner, who was ill;
and Deborah Murrell, recording the minutes.
New Business
• As the by-laws of the LDRC specify that commission officers will
be chosen in January of each year, the newly appointed board elected temporary officers
for the Month of December: Charles Thompson, chairperson
Christy Aguanno, vice-chairperson
Judy Bennett, secretary.
Officers for 2000 will be elected at the next regular meeting in January. As Charles
Thompson was not present, vice-chair Christy Aguanno presided over this meeting.
•Two signs for the Flash Market, at 9108 Highway 64 were considered. A new wall sign
was postponed for consideration at the next work session due to insufficient information
about the materials making up the sign.
A requested partial face change for a large pole sign, approved by Shelby County prior to
Lakeland's annexation of the area, was approved as a permitted change to a "legal
non-conforming sign." The name "Flash Market" replaces "TCBY
Yogurt."
Added New Business
Mr. Mark Neal of the Woodbridge subdivision presented a sign permit
request for a commercial sign advertising the Woodbridge subdivision lots. As the DRC had
no prior notification of this request, consideration of the matter was postponed to the
next DRC work session, December 28.
Announcements
Comm. Temple announced that there would be a Board of Zoning Appeals hearing on the
upcoming Friday. It appears that the LDRC's representative to this board, Mr. Charles
Thompson, will not be able to attend this hearing. It was not known whether the LDRC could
send another member in the chairperson's place. Ms. Temple planned to research this
problem with the City Attorney.
December 15, 1999
Parks and Recreation Board Meeting Report
Diane Eason
There was discussion prior to the PRB meeting that Chairman Roger Helms and Secretary,
Edna Tullos had not been notified that new PRB members Brenda Lockhart and Diane Eason
would begin their terms with the December, 1999 meeting. Chairman Roger Helms made the
decision that Chuck Ellis and Rod Bickel were still on the board and until notified by
City Hall, they were still considered members of the Board. Eason and Lockhart have not
been sworn in and therefore will not cast any votes.
The meeting was called to order at 6:20p.m. by Chairman Helms.
Present: current board members Helms, Tullos, Cole, Whittington
newly appointed BOC liaison member, Commissioner Hartz
newly appointed, but undocumented members, Lockhart and Eason
Absent: current board members Bickel and Ellis
Visitors: none
Minutes for the following meetings were approved unanimously.
September 13, 1999, October 11, 1999, November 8, 1999 (as amended), November 12, 1999 (as
amended).
Old Business:
1. Status of the 5 acre Park at El Hill
Many questions: What is the status? Is the contract signed? Cole stated
that the Mayor has not received the required papers from VanderSchaaf for his signature.
2. Status of Canada Woods Park
Many questions: What is the status? Is the contract signed? Has the
egress been obtained from VanderSchaaf? The PRB previously accepted this park contingent
on the egress/being obtained from Mr. Vanderschaaf.
3. Status of Windward Slopes Park
Commissioner Hartz stated that two months ago the BOC approved $20,000 for grading the 10
acre park. Bids came in much higher (low bid was $47,500). This item turned down by the
BOC at their December meeting when the BOC realized that the ten bare acres would likely
contribute to erosion into Garner Lake and that there was no set plan beyond grading or
additional money for sodding, etc. Edna Tullos noted that the PRB had approved a Gazebo
and ball park for the park. Comm. Hartz recommended placing on the January PRB agenda to
advise the BOC of a complete design along with specific solutions and money required.
4. Status of Maintenance for IH Park and City Park
Roger Helms complimented staff, stating that all maintenance requests had been carried
out.
New Business:
1. Correspondence from City Manager to PRB
According to a September, 99 letter, the PRB will no longer have a staff member present at
its meetings. It was agreed, the PRB needs someone from staff available at PRB meetings,
who can answer questions on matters as they arise. This item will be placed on the January
PRB agenda.
Other Discussion:
Commissioner Hartz suggested the PRB access where the greatest needs are and proceed with
accomplishing at least one completed playground for the children of Lakeland. Jessi
Whittington stated that the PRB should look into the Park & Recreation needs of all,
from children to young adults to senior citizens. Diane Eason asked if there is currently
a punch list showing specific park development and maintenance procedures. There is no
such list to anyone’s knowledge. Roger Helms will contact Charlie Goforth and see if
a presentation can be made on the master parks plan at the January meeting.
Diane Eason asked if the PRB is supplied with a current copy of money received and
expenditures in the park account. Comm. Hartz stated these numbers were available to him
and can be supplied if requested by the PRB.
Edna Tullos stated that a few months back, the PRB voted to accept a new set of By-laws.
This was never presented to the BOC for approval. All members will be provided with old
and new by-laws for comparison, this item will be placed on the January PRB agenda. She
stated that changes were minor. If a board member has two unexcused absences they would be
removed from the board. Comm. Hartz pointed out that the BOC can replace any member on any
board at any time so this change was really not necessary. Commissioner Hartz stated that
the PRB has no authority over staff, the correct procedure is for the PRB to present
Policy and Procedure requirements to Comm. Hartz (PRB liaison to the BOC) and he would
take any recommendations to the BOC.
The time for PRB meetings will be changed back to 6:30 p.m. The time was changed to
6:00p.m. recently to agree with the by-laws which state, “6:00 unless otherwise
agreed on”. Currently, the majority of Lakeland meetings are held at 6:30p.m.
Cole asked that a letter be sent to outgoing BOC liaison John Wilkerson thanking him for
his participation. Tullos asked about the status of a letter to past PRB chair Anna Hayes.
She did not believe this had been sent.
Brenda Lockhart inquired about new board member orientation packets.
Meeting adjourned at 7:00
December 15, 1999
Cookies with Santa, this Saturday
Ginger Smith
The Stonebridge Neighborhood Association is hosting "Cookies with Santa,"
10:30a.m. this Saturday, December 18, at St. Paul's United Methodist Church, US64 at
Davies Plantation Rd. All residents of Lakeland are invited to attend. There will be
cookies and pictures with Santa. (Mayor Jim Bomprezzi will be wearing the suit!)
QNetters,
please tell your neighbors about this citywide family event.
December
13, 1999
Martin Has Not Received Offer From City Signed offer, as amended, is required,
says Martin
Don Bennett
Citizens in attendance at last Thursday's special meeting of the BOC when a settlement
offer was approved may have thought that the end was in sight for this two-year, $150,000
battle. New complications seem to be brewing.
Mr. Martin was given until this Friday at 5:00pm to accept the offer, without changes, or
it will be null and void. However, as of 11:00a.m. today, neither Mr. Martin nor his
attorney, Jeff Germany, has received the document! Mr. Germany has told Mr. Martin that to
be a valid offer from the City, the document must be signed by the Mayor. Since the
agreement prepared by Mr. Winchester was amended in Thursday's meeting, the newly prepared
document must be checked against the tape of the meeting and against the altered draft
given to the City Recorder by Comm. Temple, the maker of the amendment, to be sure no
errors or changes exist in the document. Mr. Norman King, City Recorder told QNet this
morning that Mr. Winchester has not yet provided the document to him for verification.
When will Mr. Martin get the signed offer from the City? Friday approaches!
Another matter that complicates the closing of this entire issue is Comm. Nina Griffin's
new lawsuit against the City and the Commissioners who voted for an agreement that might
leave her in jeopardy for recovery of legal fees connected with her defense in the Martin
suit. Comm. Temple had previously introduced a resolution to rescind the City's
indemnificaiton of legal fees and judgements should any commissioner be found guilty in
the matter. Comm. Griffin submitted the lawsuit a week before the vote.
Finally, will Mr. Martin sign the document, should it arrive at his door soon, exactly as
read by Comm. Temple, signed by the Mayor to warrant that it is an valid offer from the
City of Lakeland? Mr. Martin has previously stated that the Mayor agreed to add Martin's
legal costs to the settlement that occurred between the time of his "Waffle
House" meeting and the City's offer. These fees were not added into the settlement
agreement.
QNet will keep you posted.
December
11, 1999
Helping Hands Receives More Requests
Connie Hess
Helping Hands, the network of citizens offering help to families in need at Christmas, has
received twenty-one new requests for assistance this week! With the most generous help of
the Lions Club and the Civic Club, additional groceries and funds for some of the needed
coats have been given. We now need more volunteers to call for a name of a child you can
help. You then purchase a few requested gifts, wrap them and take them to my home, 9752
Green Spruce, on Wednesday between 6 and 8 pm. Please call Nancy Taylor, 377-3456 if you
can dig down and help. If you just don't have time, but do have a few dollars to
contribute, please send these c/o Helping Hands at the address given above.
God Bless.
December 9,
1999
BOC Approves Settlement for Martin Suit 3-2 Martin Given one Week to Sign
Don Bennett
The Lakeland Board of Commissioners tonight approved a settlement to
the Martin v. Lakeland two year old legal battle which has cost the City over $100,000 and
Mr. Martin close to $35,000. The City will pay Martin $30,000 and both parties will
forever release the other from all claims, to include all present, future and past
Commissioners and City officials with no admission of wrongdoing. Mayor Bomprezzi and
Comm. Griffin voted against approving the settlement. They objected to Comm. Temple's
amendment to City Attorney Rick Winchester's draft which deleted this paragraph:
"2. That having completed discovery and a thorough investigation of his allegations,
Plaintiff acknowledges that the City of Lakeland and its governing body has likely abided
by all laws relating to open meetings as codified at T.C.A. 8-44-101, etc. seq; and if any
violations did occur, they were, at most, minor and technical in nature, not undertaken
intentionally or in bad faith, and/or were subsequently cured in an appropriate manner
working in conjunction with and upon the advice of the Lakeland City Attorney."
Mr. Winchester was asked if he assented to Comm. Temple's amendment and he replied that he
did not. He failed to give any reason, however. After the question had been called, Comm.
Griffin attempted to ask him to explain why he objected, but she was reminded that it was
then too late for more discussion.
Mayor Bomprezzi said that without ¶2, the City is open to additional liability. "It
will invite another future lawsuit," he said.
Comm. Hartz made a telling comment during discussion. He said that he was elected by the
people and he intended to carry out the will of the people. He may have been referring to
the numerous comments on the draft agreement sent to the BOC by citizens after it was
released on QNet last week.
Mr. Martin has until 5:00p.m. next Friday, December 17, to sign the agreement and return
it to Mr. Winchester, or it automatically become null and void.
Correction to Helping Hands request for help: Connie Hess's phone number is 382-0678.
December 9, 1999
Resident needs Blood Assistance
Pete Riley
Longtime Lakelander, Mac Holbrook, widow of former City Engineer and past Lions Club
President, Art Holbrook, has been diagnosed with severe hemophilia. She has received 11
units of blood and blood products in the past week. Mac needs help in replenishing an
already quite low reserve blood supply in the Memphis LifeBlood network (See today's CA
article on this subject.)
If you can possibly stop by any branch of MidSouth LifeBlood this week or next and donate
a pint of any type blood, Mac will appreciate it very much. Just assign your donation to
Mac Holbrook, a patient at Methodist North or Central. (Mac may be moved for different
treatment soon.)
(Ed. note: QNet stands ready to assist with other emergency care needs in the community.
Just e-mail the details or call 372-7273.)
( If you receive duplicate QNet mail, please let us know via e-mail. Our files have
somehow gotten out of order and we cannot tell for sure if this is happening. DB)
December 8,
1999
Mid-week Update
Helping Hands Has a Few More Needs.
Connie Hess
Connie Hess, Coordinator of Helping Hands, the Lakeland Christmas sharing opportunity,
reports that only two more children are without helpers. How about you? Also, four more
frozen turkeys are needed to complete the family food baskets being prepared with the
quiet assistance of the Lions Club. If you are a latent turkey type, here is your chance!
An additional "Santa" would is also needed to help with deliveries on December
18th. (One of the Santa Suits has disappeared. If you have it, or have one to loan,
preferable with you in it, do call Connie.)
Finally, wrapping parties for toys and coat purchased with cash contributions, will be
held at Connie home and Nancy Taylor's home (two doors away) this Saturday at 6:00p.m. Can
you help?
For help with any or all of these needs, call Connie Hess (377-1115), or Nancy Taylor
(377-3456). A reminder: those who have agreed to purchase gifts for children, don't forget
to bring your wrapped and numbered gifts to Connie's home, 9752 Green Spruce Dr., next
Wednesday, Dec. 15, from 6:00 to 8:00p.m. (Call if you have church choir then!)
Thank you very much, Lakeland. We're going to get the job done.
Town Hall Meeting Thursday, 6:30, City Hall
Lawsuit Settlement Meeting at 6:00
Don Bennett
The Lakeland Board of Commissioners will hold a Town Hall Meeting Thursday night at
6:30p.m. in the new City Hall meeting room. There is no formal agenda. Citizens are
invited to address the BOC on any matter. Everyone will have five minutes to ask questions
or make statements. BOC members may be asked to respond if the speaker wishes. If time
permits, citizens may have another 5 minutes if all have had a chance to speak who wish
to.
Preceding the Town Hall Meeting, the BOC will make another attempt to settle the Martin v
Lakeland lawsuit. A proposal drafted by City Attorney Rick Winchester, posted on QNet
several days ago, is the subject of the agreement proposal. (The complete draft agreement
is posted on the Lakeland City Club Web site.
http://www.lakelandcivicclub.com
December 7,
1999
Municipal Planning Commission Report
Don Bennett
HIGHLIGHTS
• Kevon Hardin new MPC Chair (for December), Officers for 2000 to be chosen in
January.
Surprise statement follows nomination-"threatened by City staff member."
• Kirby-MPC tiff: MPC votes to considering hiring separate City Attorney, Planner,
staff.
• Three Special Meetings Announced, (1) by Mr. Khelif, (2-3) by Mayor.
(1) Board of Zoning Appeals, Friday, Dec. 17. 3:30p.m. City Hall. (WonderBread).
(2) MPC Wednesday, Dec. 15, 6:30p., City Hall (Zoning Ordinance).
(3) MPC, Tuesday, Dec. 21, 6:30p.m., City Hall (Zoning Ordinance).
• Express Oil site plan postponed until after BZA parking space variance is heard.
• Gun Club tower approved.
• Village at Water's Edge Prelim. Plan postponed.
• MPC amends last month's minutes to include reasons for WonderBread site plan
denial.
DETAILS
1. MPC vice-chair, Jere Kingsbury, who served as chair last month when former chair Dr.
Richard Hazlett was not reappointed to the board by Mayor Bomprezzi, nominated Kevon
Hardin to be temporary chair of the MPC until the January MPC meeting, when a nominating
committee will recommend officers for the year 2000. When nominated, Ms Hardin requested a
five minute recess. She returned and read a slowly paced statement. She said that she has
taken her role on the MPC very seriously and has made an effort to understand the city's
ordinances and procedures relating to the MPC. However, on Friday, "I was threatened
by a staff member. This may compromise my ability to work with staff in the position of
chair." The Mayor asked if she felt she could carry out the duties. Ms Hardin replied
that she believed she could. Her nomination was endorsed by a 5-1-1 vote. Mo Khelif
requested that staff respond at the end of the meeting. (This reporter left before the
meeting ended.)
2. A simmering feud between City Hall Staff and the MPC began two months ago when Diane
Eason observed that the Oct. MPC meeting was not held where advertised. The meeting had
been moved from City Hall to Belz Mall, but was not so indicated on the official notice
board. Shortly after the Oct. meeting, Comms. Temple and Carmichael wrote Mr. Kirby about
their concerns of a possible Sunshine Law violation. Mayor Bomprezzi then began a series
of letters and memos to Mr. Kirby regarding staff responsibility to get things right. Mo
Khelif admitted verbally to being responsible for the mistake and put it in writing as a
response to Comm. Griffin. However Mr. Khelif gave the letter to Mr. Kirby, who Ms Griffin
claims never forwarded it to her or anyone else on the MPC. Subsequently (and some layers
of correspondence may not be known to QNet) Mr. Kirby wrote the MPC that the City is not
responsible for creating agendas for the boards. Postings, yes, but not agendas. Because
of the huge "flap," Mr. Kirby is about to withdraw staff support from the board.
Jere Kingsbury met with Mr. Kirby and Mr. King on this matter and explained to the MPC
tonight that differences of opinion exist. The MPC requested Rick Winchester's opinion and
evaluation of apparently conflicting TCA law. The Mayor then moved that since TCA allows
the MPC to hire independent staff, attorney, and planner, that the MPC discuss this on
their next work session. If approved, they would apply to the BOC for a budget to hire and
staff. Chairperson Hardin advised care and caution in this matter. Do not try to widen the
breach, but try to close it, in effect.
3. Mr. Khelif made a surprise announcement, not yet known to the board members, of a
rescheduled Board of Zoning Appeals meeting on Friday, December 17, to consider the
WonderBread/Dollar General appeal of the MPC's rejection of their site plan, and also to
consider a parking space variance requested by Express Oil Change. Both sites are on US64.
The Mayor also stated that he had called two MPC special meetings to consider the Zoning
Ordinance, on Dec. 15 and 21.
4. After QNet pointed out the TCA requirement to list reasons for rejecting a site plan in
the official minutes, the MPC carefully reconstructed the reasons they turned down the
WonderBread facility and amended the minutes.
• applicant did not demonstrate how they arrived at the parking space allotment.
• applicant did not have sufficient screening buffer next to homes.
• distribution center/wholesale redistribution not a permitted use in the zone.
• truck noise and early hour of operation a disruption to the neighborhood.
December 6,
1999
Send Questions/Reactions/Suggestions on Lawsuit Settlement to Commissioners
Don Bennett
Commissioner Patra Temple invites all citizens to send e-mail commentary, questions,
suggestions for changes, etc. to her and/or other members of the BOC before the Thursday
meeting so that your ideas can be a part of the mix in the BOC's "closed door"
meeting at 5:30p.m. with legal counsel. Your public comments in the open meeting, set to
begin at 6:00p.m. Thursday at City Hall, are also welcome.
Mayor Jim Bomprezzi: Lakeland7@aol.com
Vice-mayor Scott Carmichael: jkc1003@aol.com
Comm. Nina Griffin: Lakeland7@aol.com
Comm. Mark Hartz: mhartz@legislator.com
Comm. Patra Temple: pattemple@aol.com
QNet reports are stored in the Civic Club Web site. You can read/print reports from the
past several months. http://www.lakelandcivicclub.com
December 6, 1999
Text of Winchester's Martin-Lakeland Settlement Proposal To be voted on by BOC
Thursday, 6:00p.m., City Hall
Judy Bennett
Following is a verbatim reprinting of a letter and a proposed Settlement Agreement from
City Attorney Richard L. Winchester, Jr., dated Dec. 3, 1999. This letter and Settlement
Agreement were given to the individuals listed prior to the 2nd BOC special meeting
regarding the Martin lawsuit, on Friday, Dec. 3. City Attorney Winchester has given
permission through Commissioner Patra Temple to release this letter and the Settlement
Agreement to the public.
This Settlement Agreement will be the subject of the closed BOC Special Meeting on
Thursday, Dec. 9 at 5:30 p.m. The results of the closed meeting will be discussed and
voted upon immediately thereafter at the 6 pm Special Meeting, open to the public.
Dec. 3, 1999
PERSONAL - ATTORNEY/CLIENT PRIVILEGED INFORMATION
Mayor James Bomprezzi
Vice-Mayor Nina Griffin
Commissioner Patra Temple
Commissioner Scott Carmichael
Commissioner Mark Hartz
Joe Kirby, City Manager
Richard Glassman, Esq.
Gordon Olswing, Esq.
Geroge (sic) McCrary, Esq.
David Lakin, Esq.
Ed McKenney, Esq.
RE: Settlement of Martin v. Lakeland, et al
Dear Ladies and Gentlemen:
As the Lakeland City Attorney, I have, through the years, adopted a
policy of refraining from offering my opinions on various legislative matters that come
before the Board of Commissioners. I have adopted this policy for two reasons - first, I
do not wish to be “lobbied” in regard to matters which come before the Board,
and, second, I have not been elected by the citizens of Lakeland to make legislative
decisions.
On the other hand, I am generally more free with my opinions when asked
for legal advice or when I perceive that the City is engaging in a course of conduct which
may not conform to law.
The matter of the Settlement of the “Martin” lawsuit is
obviously a mixed question, inasmuch as it involves both the making of a legislative
decision and the consideration of numerous legal questions. I have met with the Board of
Commissioners and have spoken with most, if not all, of you, individually. I have shared
my thoughts and comments and, hopefully, have done so in a consistent manner. However, I
have not, thus far, undertaken to assume a strong leadership role in resolving this
matter.
Over the past several weeks, I have become increasingly frustrated with
the negotiation process. Because of the numerous attorneys who are necessarily involved in
this matter, and the lack of trust which I have perceived among the Commissioners, this
matter has become ridiculously burdensome and expensive to the City of Lakeland.
Given these considerations, I wish to make my position as City Attorney
crystal clear. First, I did not endorse or approve of the Settlement Agreement proposed by
Mr. Martin. Secondly, I do not endorse or approve either of the Settlement Agreements
proposed to be presented for consideration tonight. I have prepared and copied herewith a
draft of a Settlement Proposal which I strongly recommend that the Board of Commissioners
approve, if you are willing to pay Mr. Martin $30,000.00 to resolve this controversy. My
draft has been prepared from the perspective of the best interest of the City of Lakeland.
My draft is devoid of language intended to make one or more of the members of the Board of
Commissioners look good or bad, or protect or sacrifice any individual interest which any
member might have. My Settlement Proposal is intended solely to terminate this litigation
and put to rest forever all the issues which are the subject matter of Mr. Martin’s
lawsuit. Mr. Martin has cost the City of Lakeland tens of thousands of dollars - you are
costing the City thousands of dollars more.
I suggest that this offer be approved and submitted to Mr.
Martin’s attorney with the understanding that it is revoked without further notice
five days from delivery of the offer unless the offer is executed by Mr. Martin, with no
change whatsoever, and returned to me within that five day period.
Thank you.
Yours very truly,
(Signature)
Richard L. Winchester, Jr.
/bm
Enclosures
Following is a verbatim copy of the Settlement Proposal referred to in City Attorney
Winchester’s letter above:
JOINT CONSENT
COMPROMISE SETTLEMENT AGREEMENT
WHEREAS, there is currently pending that certain
litigation styled David F. Martin v. The City of Lakeland, et al, in the Chancery Court of
Shelby County, Tennessee under Docket No. 98-0218-1, and;
WHEREAS, the Plaintiff and the City, if this
litigation were to continue, would incur substantial costs in the form of attorney’s
fees, court reporting expenses, and other litigation costs, regardless of the ultimate
outcome; and
WHEREAS, the parties desire by this agreement, to
finally and forever settle all disputes arising out of or relating to the above-referenced
litigation and the facts alleged therein;
NOW THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
1. The plaintiff will dismiss with prejudice Chancery
Court No. 98-0218-1 as to all Defendants with all Court costs to be assessed to the
Plaintiff.
2. That, having completed discovery and a thorough
investigation of his allegations, Plaintiff acknowledges that the City of Lakeland and its
governing body has likely abided by all laws relating to open meetings as codified at
T.C.A. 8-44-101, et seq.; and, if any violations did occur, they were, at most, minor and
technical in nature, not undertaken intentionally or in bad faith, and/or were
subsequently cured in an appropriate manner working in conjunction with and upon the
advice of the Lakeland City Attorney.
3. The City will, in order to conclude this
litigation and buy its peace by terminating any further litigation costs, pay to the
Plaintiff and his attorneys the sum of Thirty Thousand Dollars ($30,000.00) within ten
(10) days from approval and full execution by all parties to this Settlement Agreement,
and entry of an Order of Dismissal With Prejudice as to all Defendants assessing all Court
costs to Plaintiff. By payment of said sum, the City and its governing body do not admit
the commission or omission of any act alleged by the Plaintiff or any other act that would
be construed as a violation of the aforestated open meetings laws, but are making the
subject payment solely and exclusively for the purposes of settlement and more
importantly, for the citizenry of the City of Lakeland to terminate and/or reduce the
litigation cost.
4. That there shall be no other payment, action,
remuneration, restitution, etc. of any type, kind or character to, for, or on behalf for
the Plaintiff not enumerated herein.
5. That none of the parties to this Settlement
Agreement will aid, consult, financially support, give voluntary testimony, or in any
other way, directly or indirectly, promote, or encourage or assist any other person or
entity in any claim or lawsuit relating to or arising out of the facts and circumstances
alleged and or discovered in the course of the above-referenced litigation.
6. That the undersigned for my/our/its heirs,
executors, administrators, representatives, agents, successors and assigns release, acquit
and forever discharge each other and his, their, her and/or its successors, heirs,
executors, administrators, representatives, agents, Commissioners, past, and present,
successors and assigns from any and all claims, actions, causes of action, rights,
damages, costs, loss of services, expenses and/or compensation whatsoever the undersigned
may now have, has or which may hereafter accrue on account of or in any way arising out of
any and all known and unknown, foreseen and unforeseen damages and to the consequences
thereof resulting or to result from those allegations contained in the aforestated certain
litigation.
7. That it is understood and agreed that this is a
mutual release and settlement and is the compromise of a doubtful and disputed claim, and
that the payment and execution of this Settlement Agreement is not to be construed as an
admission of liability on the part of any party being released and that said releases deny
liability each to the other and intend to merely avoid further litigation and buy their
peace.
8. That it is understood and agreed that each party
entering into this Settlement Agreement is doing so without reliance upon any statement or
representation of any other party being mutually released or representatives, attorneys or
agents of said persons, party or parties, and only after a consultation by each party with
his/her/its respective attorney.
9. The undersigned do hereby further declare and
represent that no promise, inducement or agreement not herein expressed has been made to
any of the undersigned and that this Settlement Agreement contains the entire agreement
between the parties hereto and that the terms of this Settlement Agreement are contractual
and not a mere recital.
10. That the undersigned agree and hereby declare
that the terms of this Settlement Agreement have been completely read and are fully
understood and voluntarily accepted for the purpose of making full and final adjustment
and settlement of any and all claims, disputed or otherwise, as between these parties,
this Settlement Agreement being executed for the express purpose of precluding forever any
further or additional claims and more specifically to dispose of by settlement and repose
the matters complained of in the pleadings filed by the parties in the aforementioned
litigation.
11. That each of the parties hereto will not petition
for any discretionary costs in the aforestated litigation under any statute, rule or
ordinance of any type or kind.
IN WITNESS WHEREOF, execution of this Settlement Agreement
having been made at the date indicated for each signatory hereto.
CITY OF LAKELAND, TENNESSEE
WITNESS:
By:
Richard L. Winchester, Jr.
JAMES
BOMPREZZI, MAYOR
SWORN TO AND SUBSCRIBED before me this
day of
, 1999.
Notary Public
My Commission Expires:
WITNESS:
Jeffrey D. Germany DAVID
F. MARTIN
SWORN TO AND SUBSCRIBED before me this
day of
, 1999.
Notary Public
My Commission Expires
December 5,
1999
Reflections on BOC's Failures to Settle Martin Lawsuit
Gerrit Verschuur
Reporters for QNETCOLA strive to be fair
when we attempt to summarize what are sometimes quite complex discussions at City
meetings. However, our task is made impossibly difficult when the discussions we report
are so confusing because the audience has been left out of the information loop. In these
cases, our report can only reflect an impression of what happened.
This is how I view the two special BOC meetings which were supposed to settle the Sunshine
Law lawsuit brought by David Martin two years ago. What I observed left me confused. To
sum up what happened Thursday and Friday — nothing was settled. To add to this
summary I can note some facts that hint at what was going on behind the scenes.
Thursday
No citizen in attendance had been allowed to see the agreement prepared by the Mayor and
David Martin. Nevertheless, many citizens did want to voice their opinion about the
settlement of the suit in the public discussion segment of the meeting. In addition
several attorneys (present at both meetings at considerable cost to the City – one
wonders why they had to be there) also signed up to speak. They did have the draft
document. However, Commissioner Temple noted that since no citizen was privy to the facts
or documents before the board, discussion should be limited to the members of the BOC
itself. This was agreed to on a 3-2 vote.
We then hoped that the BOC would vote in the interests of settling the suit and to the
observer all seemed to be moving ahead until we were witness to an extraordinary threat
from the Mayor (as reported in a previous QNET). He said in essence that unless the
majority on the BOC voted his way the City was in for a lengthy and very expensive fight.
We had no idea what he was talking about and his outburst seemed only to alienate the
swing vote that the Mayor relied on to decide the motion before the BOC. The Mayor's
proposal failed on a 3-2 vote. We left wondering about the nature of the threat. What was
really going on and what would happen next?
Friday
The next afternoon many of us returned to the second special called meeting, this one held
in the new room in City Hall, a most excellent and cozy space. However, what we witnessed
was neither excellent nor cozy. This time the attorneys had again signed up to speak from
the floor as if they were regular citizens (even if not residents of Lakeland). Again
Commissioner Temple noted that we could not expect useful contributions from Lakeland
residents if they were not privy to the facts of the case, or to the draft agreements that
had been in the possession of the commissioners for several weeks. (It should be noted
that during the last year the BOC has had many closed door meetings with attorneys and
very little if anything has ever leaked about what they discussed.)
In response to Temple’s motion, the Mayor argued again, supported by a letter from
one of the City Attorneys, that the citizens had a right to be heard. But with the looming
presence of a handful of attorneys seated in the front of the room by the Mayor, the
meaning of the appellation “citizen” had an ominous ring to it. Again, we were
unable to express our frustration about not having any idea about what we would like to be
heard about.
What we did subsequently witness at this second meeting was a total lack of compromise. We
did not even hear cogent arguments about what form of settlement might take. The upshot
was that after much bickering and several recesses to discuss things in an adjoining
conference room in private with attorneys, the proposals put forth by Commissioner Temple
met the same fate as had the one put forth by the Mayor the previous evening, this time by
a 4-1 vote. Vice Mayor Carmichael attempted to offer a compromise. He wanted to restrict
the settlement agreement to only the Martin vs. City of Lakeland part, and omit any
reference to the Martin vs Bomprezzi, Martin vs. Griffin, and Martin vs. Wilkerson
segments since the BOC can only conduct business on behalf of the City, not individual
commissioners. His plan also failed on a 4-1 vote.
I think it fair to report that few in the audience had any idea about what had actually
happened. I did suspect that many sympathized with a sobering point made by Commissioner
Hartz. He was not going to vote in the affirmative on any agreement that did not show some
spirit of compromise. What was there about the settlement proposals offered that would
cause such polarization on the Board?
Bits of data uttered now and them by BOC members allow a tentative
answer:
A. The Mayor wants to totally and permanently seal all data revealed during the
investigation from any publication, discussion or use by any person or entity in a future
investigation of conduct. He also wants Comm. Temple and Vice Mayor Carmichael to agree to
this, even though they are no longer a personal party to the suit. For agreeing to drop
all legal challenge, Martin would receive $20,000 now and $10,000 next fiscal year.
B. Comm. Temple, on the other hand, wants the data revealed in the investigation and the
persons connected to the data, to be open to any future investigation by the City or any
person or entity. The suggested signatories to her plans vary. For agreeing to drop only
the legal challenge against the City, Martin would receive $30,000 now.
As prefaced, these "facts" must be considered tentative, but they are believe to
be accurate, based on reports in The Commercial Appeal and scraps picked up at the two
meetings.
Conclusion
The BOC members all seemed to agree they should settle, but there were obviously very
strong opinions about how best to do that. Lacking any substantive details about the case,
we can only ask why it was not settled at the very start, two years ago. The thrust of the
suit was that certain Board members had acted outside of the Sunshine Law. Would it have
been so difficult for the leader of those meetings, whoever it was, to admit that he had
made a mistake and wouldn’t do it again. That would have been a statesman-like
action, but no trace of statesmanship has been seen in regard to what I regard as the
subsequent cynical waste of the City’s limited financial resources, a waste that now
stands at over $100,000 in direct Lakeland lawyer costs and related fees plus whatever Mr.
Martin might receive as partial payment for his legal fees.
However, we citizen observers are not privy to all the facts. Therefore this reporter now
wonders whether there is something more sinister lurking in the wings. Has this business
escalated to the point that embarrassing facts will come out in a court of law? Why
can’t they settle this? Is it ego or fear that causes such chaos? Or is there more to
this? Are there issues of law now involved that were unanticipated when the lawsuit was
originally filed? An uninformed citizenry can only wonder.
Thankfully the BOC is making yet another try at settling the affair - - on Thursday at
5:30pm in the new City Hall Meeting room, just prior to the first Town Hall Meeting. It is
also encouraging to note that three commissioners called the meeting, not just one or two
members of the BOC. Won't you attend so you can encourage the BOC to find a way to settle
this? If we are made privy to the content of this 4th draft agreement, perhaps we can
assist the BOC with our counsel before their open meeting begins.
December
4, 1999
BOC to Consider Winchester's Martin-Lakeland Settlement Proposal
Don Bennett
This morning, Vice-mayor Carmichael, Comm. Temple, and Comm. Hartz sent the following BOC
special meeting call to City Hall for recording, distribution and posting. No action is
likely until Monday. The meeting will begin one hour prior to the Town Hall Meeting, at
5:30p.m. on Thursday. The location is not known, since the Mayor or City Manager have not
yet called a special meeting for the purpose of holding the Town Hall Meeting. Since the
new meeting room at the City Hall addition received its "soft opening"
yesterday, it is possible that the Town Hall Meeting will be held there. Check QNet for
additional information. Here is the complete text of the agenda for the meeting:
SPECIAL MEETING CALLED FOR
THURSDAY, DECEMBER 09, 5:30 P.M.
AT THE LOCATION OF THE TOWN HALL MEETING*
(BELZ MALL, CITY HALL, OR THE INTERNATIONAL HARVESTER BUILDING)
On Saturday, December 4, 1999 at 8:35 a.m., Vice-Mayor Carmichael, Commissioner Mark Hartz
and Commissioner Patra Temple requested that a special meeting of the Lakeland Board of
Commissioners be called, as the welfare of the City demands it.
The character of the business to be discussed and possible action taken at such meeting
shall be as follows:
1. A closed, executive session with Richard L. Winchester, Jr., City Attorney, to discuss
the settlement document prepared by him and submitted to the Board on December 3, 1999.
2. Immediately following the executive session, the Board will meet in open session to
discuss and take action on the settlement document prepared and submitted by Mr.
Winchester.
The special called meeting shall be held at the location of the Town Hall Meeting (Belz
Mall, City Hall, or the International Harvester Building) on December 9, 1999 at 5:30 p.m.
This written notice shall be posted and served at least twelve (12) hours prior to the
special called meeting to each commissioner, the city manager, city recorder and city
attorney, served personally or left at his/her usual place of residence in accordance with
TCA 6-20-208.
__________________________
Norman F. King, Sr., City Recorder
*Since the specific location of the Town Hall Meeting has not been determined as of the
date this meeting was called, all possible locations are listed on this notice. Please
refer to the posted notice for the Town Hall meeting.
December 4, 1999
Don Bennett
Confusion Aborts Appeals Board Meeting
The City Planning Director, Mo Khelif, canceled yesterday's 3:30p.m. meeting of the Board
of Zoning Appeals which was schedule to hear WonderBread's appeal of the Planning
Commission rejection of their site plan for a combo "Day Old" store,
distribution hub, linked with a Dollar General store. Also on the agenda was a variance
request Express Oil Change for fewer parking spaces than is required by the Zoning
Ordinance.
Mr. Khelif maintains that he was told by Comm. Temple at the conclusion of
Thursday's BOC meeting to cancel the BZA meeting. Mr. Norman King, City Recorder supports
Mr. Khelif's understanding. However, new BZA members Don Bennett and Vice-mayor
Carmichael, present at the meeting, believed that Comm. Temple asked Mr. Khelif to call
the appellants to tell them that the board would not hear the case due to a 4/5 change in
membership. But that a brief meeting would be held to elect a temporary chair and hear the
residents who had been notified by Mr. Khelif to attend and express concerns. None of this
was in writing. Mr. Khelif posted a cancellation notice at City Hall and called all board
members except Mr. Bennett, telling them of the cancellation. Mr. Bennett spoke with Mr.
Khelif at 9:00a.m. to ask for a packet. Mr. Khelif told him that a city staff member would
pick up a packet from former BZA member Gearld Smith and deliver it. None was delivered.
When Mr. Bennett arrived for the 3:30 meeting a dozen citizens were
waiting to be heard. The Mayor was quite agitated about the situation. Mr. Khelif told
QNet that he thought the meeting should be canceled in order to protect the city from any
liability that might be incurred by having a meeting without the appellants. Neither the
City Attorney nor the former chair, Randy Nicholson, had been asked to rule on this idea
to QNet's knowledge. Vice-mayor Carmichael was reached by phone and arrive at City Hall by
3:55. He, Mr. Bennett, and Mr. Khelif informally heard the citizens' concerns and took
notes.
A special meeting of the BZA on these issues will be scheduled soon. Residents within
1500' of the two sites will be notivied by mail at least ten days before the next meeting,
said Mr. Khelif.
REPORTER'S NOTE: As many of you know, I am a working musician. I have
four engagements this weekend, the first beginning at 9:00a.m. today. The QNet report of
the quite-important BOC special meeting held yesterday at 4:30p.m. will be delayed. The
brief news is that Comm. Temple's two draft settlement agreements were rejected by the
BOC. One extant proposal remains, the one written by City Attorney Rick Winchester. No
definite plans were announced for the BOC to consider this plan, but this is a
possibility. A complete report of the meeting will be issued ASAP. (DB)
December 3, 1999
Don Bennett
Board of Commissioners Regular Meeting Report
Highlights
• BOC retreat format/process/costs to be presented at next work session. No vote yet.
• Two more warning sirens to be purchased.
• Windward Slopes Park grading contract pulled; no plan in place to take the
post-grading step.
• Sign ordinance first reading approval (with McKenney attachment) rescinded.
• New City Boards Appointed; terms begin immediately as do BOC liaison assignments.
BOC RETREAT
All BOC members felt that a retreat could be beneficial. However, the Mayor and Comm.
Griffin wanted approval first, then details later. Comms. Temple, Hartz, and Carmichael
wanted details first, then approval. The later won the day as the BOC agreed to review
possible procedures, agendas, locations, costs, etc. at their next work session, late in
December.
WARNING SIRENS
Two additional warning sirens will be purchased and the existing ones upgraded for
$33,900. Installation should be accomplished in two to three months. The Rushing family on
Monroe Cove objected to a new siren being located so close to their homes. Mr. Kirby will
study the placement issue.
WINDWARD SLOPES PARK GRADING
Two months ago the BOC approved $20,000 for grading the 10 acre park. When bids came in
much higher (low bid was $47,500) the BOC was asked to approve this tonight. However,
during the discussion it was discovered that the City had no actual plan or approved
budget to construct the combo soccer/baseball field, walking trails, picnic area, parking
area, etc. Comm. Hartz also noted that grading for a soccer field should be different that
for a ball field. This the combo concept might be graded inadequately for both. When the
BOC realized that the ten bare acres would likely contribute to erosion into Garner Lake
the entire project was rejected until such time as the master park plan is submitted and
budgets for various work projects are presented.
SIGN ORDINANCE RESCINDED
The first reading approval of the sign ordinance with the attached McKenney document was
rescinded with no discussion. There was no proposal to return the ordinance draft to the
next work session for reconsideration, but this is possible since the BOC gave no
indication that it would return the ordinance to the DRC for further work.
NEW BOARDS APPOINTED
Design Review Commission (one year term): Charles Thompson, Christie Aguanno, Judy
Bennett, Susan Mitchell, Ciaran Lawlor, Judy Balton. Comm. Patra Temple is the BOC liaison
member.
Parks and Recreation Board (three year term): Brenda Lockhart, Diane Eason. Comm. Mark
Hartz is the BOC liaison member.
Board of Zoning Appeals (one year term): Randy Nicholson, Don Bennett. Vice mayor Scott
Carmichael is the BOC liaison member.
There was considerable discussion on whether or not any BZA positions were actually open
this year. The BZA bylaws (not an ordinance) indicate that existing terms are for three
years, yet the BOC seems to have appointed members for only one year in the past. Comm.
Temple moved to dismiss all current citizen members and appoint two members for just one
year to give the BZA time to write new bylaws that were consistent with TCA. City Attorney
Rick Winchester agreed that TCA and the current bylaws gives the BOC the right to remove
all members and start over.
December 2, 1999
Don Bennett
Commissioners Rejects Bomprezzi-Martin Settlement Plan;Temple Plan to be
Presented Friday at 4:30p.m. Special Meeting
A large gathering of some 40 citizens and at least four lawyers attended
Mayor Bomprezzi's special called meeting of the BOC at 5:30p.m. today. Before the meeting
began the lawyers and five citizens signed up to speak. However, as the meeting opened,
Comm. Temple moved to restrict commentary to only the BOC. Since the Mayor had refused to
release the proposed settlement document to the public, the public would be unable to
adequately address the topic, said Comm. Temple. (The lawyers who signed up to speak,
representing Comm Griffin, Mayor Bomprezzi and former Comm. Wilkerson, most likely had
prior access to the document.) Comm. Temple's resolution passed 3-2.
Mayor Bomprezzi told the board that six weeks ago he met with Mr. Martin and they drafted
the beginning of what the lawyers later crafted into the settlement. He stated that this
was a fair settlement for all. He further stated that since two commissioners (Temple and
Carmichael) had already ruled out the agreement, based on the fact that they had called
another special meeting to consider different draft agreements, it would have to be
settled by three commissioners. Comm. Hartz was urged by the Mayor to do the right thing
on behalf of the City—a difficult task since he was new to the proceedings. The Mayor
also said that if this agreement was rejected it would cost the city a lot more money. He
would vigorously fight the provisions of Comm. Temple's agreement proposal which left the
respondendents in the law suit open to further litigation.
Comm. Griffin stated that she wanted to help overcome the negative image created by the
"frivolous lawsuit of a private citizen."
Comm. Carmichael had no comment.
Comm. Temple stated that she had serious problems with the Mayor's document.
Comm. Hartz said that a private citizen was within his rights to challenge in court
actions perceived to be illegal under the "Sunshine law." He further stated that
he "did not cotton to being threatened."
The vote was 3-2 to reject the agreement. No one mentioned any of the specific facets of
the Mayor's settlement agreement. QNet did learn that the Mayor's agreement required
Comms. Temple and Carmichael to sign it and thus agree to all the provisions.
Comms.
Temple and Carmichael have repeatedly said that they have been released from the suit by
Mr. Martin and therefore cannot be signatories to the personal settlement agreement.
Martin sued both the City and the individual commissioners and Mayor. He later released
Temple and Carmichael from any personal liability.
Comms. Temple and Carmichael's special meeting was originally set for 6:00p.m. today, but
had to be moved to 4:30p.m. tomorrow (Friday) at City Hall because the meeting was not
publically announced by City staff as is required by the TCA.
December 2, 1999
Last-minute Meeting Problem Surfaces 5:30, 6:00?, 6:15, 6:30 Today
Don Bennett
More surprises. Apparently the City Hall Staff failed to post the Temple/Carmichael
Special Meeting, set for 6:00p.m. this evening, in the official public notice case at City
Hall. Comm. Nina Griffin, highly attuned to the requirements of the "Open Meeting
Law" checked the bulletin board three times after a copy of the agenda was delivered
to her—4:00p.m. and 8:40p.m. yesterday, then at 10:40a.m. today. She delivered a
scathing memo to Mr. Joe Kirby, City Manager, admonishing him for failing to assure that
the meeting notice was posted. Comm. Griffin faxed a copy of the memo to QNet. Since
notice of the meeting was not posted 12 hours in advance, Comm. Griffin said that the
meeting cannot be held. To do so would violate TCA 8-44-103 (b)(c). "This is gross
neglect of duty." said Comm. Griffin.
However, as of 3:00 p.m today, all of the meetings were still "on," according to
Ms Sontidra Thomas. But the location for all had been changed to a room near Entrance 3 at
Belz Mall, not the usual meeting room. Comm. Temple told QNet that she was waiting for a
call from her attorney to advise her on continuing with the meeting or rescheduling it.
Some wags-about-town wondered if all the meetings should now be cancelled since the
location change had not been posted 12 hours in advance!
QNet also received today a copy of Mayor Bomprezzi's Dec. 1 return memo to Vice-mayor
Carmichael in which he countered most of Carmichael's claims of impropriety regarding the
Mayor's Special Meeting Call. The Mayor concluded his four-page memo by stating:
"My reason for revising my meeting call on Dec. 1, 99 at 3PM was to try and
compromise your beliefs about the way I worded the meeting to work together in the best
interest of the City. I didn't violate the Charter, in fact I supported all BOC
resolutions and followed the Charter."
It should be an interesting evening.
December 1, 1999
Don Bennett
Carmichael-Temple Call 4th Thursday Meeting;
Bomprezzi Revises His 3rd Thursday Meeting in reponse to Carmichael's Complaint
Vice Mayor Carmichael and Comm. Temple have called a special BOC meeting for 6:00pm, or at
the conclusion of Mayor Bomprezzi's special called 5:30 meeting. Both special meetings
concern the same topic—settlement of the David Martin law suit against the City and
three members of the BOC (Bomprezzi, Wilkerson, Griffin).
Four draft settlements have been discussed in private sessions by the BOC during November,
but rather than allow the BOC to vote on all, or edit the drafts into a compromise
document, the Mayor called a special meeting to consider only one draft, the one he and
David Martin worked on, which Martin signed. Comm. Temple, with Vice-mayor Carmichael,
felt it was necessary to call the second special meeting in order for Comm. Temple's two
draft documents to be equally considered at this time. The fourth draft, by City Attorney
Rick Winchester, is not being brought forward.
Late Tuesday afternoon, Vice-mayor Carmichael sent a letter to the Mayor and City Manager
Joe Kirby protesting the way the Mayor crafted his special meeting call. Carmichael said
that the Mayor had no authority to call a meeting that included the seven attorneys, that
the Mayor could only call a meeting of the BOC. Apparently the Mayor agreed with the
Vice-mayor because at 3:00pm today the Mayor posted a revised meeting agenda for 5:30pm
tomorrow. In addition to deleting the lawyers from the call, the Mayor also altered the
item of business. Here is the Mayor's revised topic for action:
Discuss and take action only on the joint consent compromise settlement agreement as
written verbatim and offered by David F. Martin wherein he signed his offer which is dated
November 3, 1999 and no amendments to the offer or other business shall be considered.
Action to be taken shall be to approve or disapprove the joint consent compromise
settlement agreement as typewritten and signed by David F. Martin on November 3, 1999 as
an offer.
Following is the text of the 6:00pm special meeting called by Carmichael and Temple:
On November 30, 1999 vice Mayor Carmichael and Commissioner Temple requested that a
special meeting of the Lakeland Board of Commissioners be called as the welfare of the
City demands it.
The Character of the business to be discussed and possible action taken at such meeting
shall be as follows:
Discuss and take action on the two counter settlement agreements, previously submitted by
Commissioner Temple, to the original settlement offer by David f. Martin, dated November
3, 1999.
The two counter settlement agreements were submitted to members of the Board of
Commissioners on November 18, 1999 during a meeting with the City Attorney.
(a) Counter settlement agreement "A" requires the signatures of Mayor Bomprezzi,
Commissioner Griffin and former Commissioner Wilkerson as individuals and Mayor Bomprezzi
signing for the City of Lakeland.
(b) Counter settlement agreement "B" requires the signatures of Vice Mayor
Carmichael, Commissioners Hartz and Temple acting on behalf of the Board of Commissioners
for the City of Lakeland.
This Special called meeting shall be held at Belz Mall, 3536 Canada Road, Lakeland, TN,
December 02, 1999 at 6:00 PM or immediately following the adjournment of the Special
meeting at 5:30 PM.
QNet expects to be able to publish a synopsis of all three settlement documents Thursday
afternoon. Anyone attending the meetings may sign up to address the BOC on the specific
agenda item noted for that meeting.
November
30, 1999
Important New Meetings Scheduled
Don Bennett
Board of Commissioners Special Meeting: Thursday, Dec. 2, 5:30p.m., Belz Mall
Martin Lawsuit Settlement Vote on one specific proposition
Board of Appeals: Friday, Dec. 3, 3:30p.m., City Hall
WonderBread/Dollar General appeal of Planning Commission rejection
Board of Commissioners Special Meeting Details
Lakeland has a habit of setting very important meetings at times when few citizens can
attend. This week is no exception. The 5:30p.m. meeting on Thursday, before the Beer Board
Meeting, before the regular BOC meeting has a most unusual and restrictive agenda. The
meeting, as designed by the Mayor, could cost the city $1750 per hour in lawyers fees.
QNet attempted to secure a copy of the document to be voted on in the public meeting, but
was turned down by the Mayor. The fact that the Mayor scheduled public comment on the
document, then refused to say when the document would be available, did not seem to be a
big concern to him. "This is tricky," said the Mayor. "The City Attorney
needs to say whether or not we can make the document available to the public." (The
City Attorney was unavailable.)
Following is an exact copy of the text of the special meeting agenda:
Special meeting Called for Thursday, December 02, 1999, 5:30PM
Belz Mall, 3536 Canada Rd. (inside Entrance #2) Lakeland, TN.
On Monday, November 29, 1999 at 3:45PM, Mayor Jim Bomprezzi called this Special Meeting of
the Lakeland Mayor and Board of Commissioners, the City Attorney and Appointed Acting City
Attorneys representing the City, the Mayor and all Commissioners named in their official
capacity or otherwise in a lawsuit filed by David F. Martin against the City of Lakeland
et al. in Chancery Court of Shelby County, Tennessee, Docket #98-0218-1 as the welfare of
the City demands it.
The character of business to be discussed and action taken on shall be only the agenda
item #1 as specified below:
AGENDA ITEM #1
Discuss and take action only on the joint consent compromise settlement agreement as
written verbatim and offered by David F. Martin wherein he signed his offer which is dated
November 3, 1999 and no amendments to the offer or other business shall be considered.
The special called meeting shall be held at Belz Mall, 3356 Canada Rd., in the Meeting
Room inside Entrance #2 on Thursday, December 2, 1999 at 5:30 PM.
Anyone wishing to address the Mayor and Board of Commissioners including attorneys
representing each individual elected official and the City shall be allowed to speak for
up to three (3) minutes each.
A signed copy of this special meeting notice shall be served to the Mayor and each
Commissioner, the City Manager, Recorder and City Attorney and each Appointed Acting City
Attorney representing each individual elected official, served personally or left at
his/her or their usual place of residence with at least twelve (12) hours written notice
prior to said meeting in accordance with TCA 6-20-208.
James P. Bomprezzi, Sr., Mayor, Nov. 30, 1999 10:00AM.
Reporters Comment
QNet has learned that the settlement agreement the Mayor wishes presented in this
restrictive manner is only one of four such drafts prepared in recent weeks. Rumor has it
that there could be more Special Meetings called by other commissioners Thursday to
consider the other proposals.
Looks like the BOC didn't get their retreat done in time. After a month of relative
cooperation and collegial good will, the BOC seems to be headed back to full-scale
political intrigue, controlling, partisanship, and crafting public business for personal,
not civic benefit. Regardless of the outcome of this or other special meetings on this
issue, Lakeland is regressing politically into its all-too-familiar pattern.
QNet will continue to try to secure copies of all the draft settlement agreements for your
inspection.
Board of Zoning Appeals Meeting Details
Mo Khelif announced this evening that the BZA will meeting Friday to hear the
WonderBread/Dollar General appeal to overturn the Planning Commission's rejection of their
request to locate a combo store/distribution center between 7th Fairway homes and FunTime
Learning Center on US64. The MPC turned down the request based on a lack of screening, not
on the inappropriateness of the business for the site. It is not known if the BZA will be
restricted to the MPC's argument in making its ruling, or if the BZA can make a
comprehensive ruling for or against WonderBread based on all possible arguments arising
from the Zoning Ordinance. The tiny meeting room at City Hall is likely to be packed with
interested residents from Stonebridge despite the fact that 3:30 is "kids come back
from school" time.
The BZA will also hear a waiver request for Express Oil Change. EOC wants to locate a
facility at US64 and Fletcher Trace with several required parking spaces removed.
Design Review Commission Work Session Report
Don Bennett
Highlights
• US64 Christmas Tree Lot banner signs allowed for 20 days under "new
business" provision.
• Citgo requests change from TCBY to FLASH Market faces on their pole sign. DRC
likely to approve as a continuation of a legal, non-conforming sign.
• Citizen questions legality of two BOC members serving on the DRC.
Details
1. The DRC deferred the request from the Christmas Tree Lot on US64 for banner signs to
the "building official" (Mo Khelif) for approval, citing the fact that a new
business had requested the sign, not the booster group from last year. A new business may
use a banner sign for the first 20 days of business without DRC approval. In other
circumstances, banner signs are not allowed.
2. The Citgo station on US64 has already changed the TCBY sign on its pole sign to FLASH
Market. They are now requesting permission to do this. Lakeland has no pole sign provision
other than in the I-40 zone. The DRC seemed inclined to allow the change without much
concern since the sign is a "legal, non conforming sign" approved when Citgo was
in county sign jurisdiction. A FLASH market wall sign is also being requested.
• Kevon Hardin, a Planning Commission member, questioned the legality of two BOC
members serving on the DRC from October through December (Scott Carmichael and Mark
Hartz), since the DRC enabling ordinance (98-02) clearly states that "Membership
shall be as follows:
1 commissioner
6 residents of the city"
Comm. Hartz countered that the ordinance does not say that "only" one
commissioner could be on the board. Chairperson Balton said that this was a matter for the
BOC to decide, not the DRC. She also said that she did not have the referenced ordinance
in her city-provided folder and had to go by the material the DRC was given. (Only Comm.
Hartz had a copy of the ordinance. Mr. Khelif used Ms Hardin's copy to make copies for the
DRC.)
Reporter's Commentary
Every two years the composition of Lakeland's boards is thrown into imbalance by the fact
that new commissioners are elected in September but new boards, including new liaison
members from the BOC, are not installed until January. This year, this means that:
• The Park Board is without the required BOC liaison member from October to January.
Mr. Wilkerson, the previous PRB liaison member, was not re-elected and his replacement,
Comm. Hartz, will not begin service on the PRB until January.
• The Design Review Commission has two BOC members from October to January. Comm.
Hartz is continuing to serve as a member, although he is now a commissioner, and Comm.
Carmichael continues to serve as the liaison member. Comm. Temple will be the liaison
member in January and Comm. Carmichael moves to the Zoning Appeals Board.
Ms Hardin raises a valid point which should have been formally referred to the BOC for
consideration. (It was not). The BOC would be well advised to alter all board bylaws and
its own practice of appointing boards every January. If boards were appointed each
October, board membership would not be skewed for three months as it is this and every
election year.
November
22, 1999
Board of Commissioners Work Session Report
Don Bennett
Highlights
• Rezoning for Cedar Ridge s/d (Saliba - US64 east of Woodland Park): returned to
Planning Commission for required site plan approval: BOC agreed; the Zoning Ordinance
states that the BOC cannot rezone to a PRD without this. City Planner and MPC did not
follow the requirements of the zoning ordinance in sending an approved concept plan to the
BOC, asking them to consider the rezoning on this basis. Saliba upset, misled by city.
• Number of vacancies on the Board of Zoning Appeals uncertain: zero? one? two? It
all depends on what rules/guidelines/bylaws/precedense the BOC will use on December 2.
Mayor and Vice-mayor disagree on basis for selecting new members. Resolution not likely
before the meeting.
• BOC retreat - maybe: Mayor says one is urgently needed, must learn how to agree,
compromise. Vice-mayor and Comms. Temple and Hartz reply that things went smoothly last
month; is there a problem any more? Vice-mayor Carmichael concerned that TCA provides no
mechanics for a meeting of the BOC without the Mayor as chair. Also, must the retreat be
open to the public? Many concerns.
• Mayor claims that City Attorney Winchester/City Manager are not completing contract
and document tasks. Many projects in jeopardy because of incomplete documents/filings.
City Manager to give complete report on Dec. 2.
Detailed Report
• Final reading of ordinance to adopt and enact a codification and revision of
Lakeland Ordinances.
This item was taken off the agenda for Dec. 2. Instead, a special meeting will be called
in January to try to reconcile all recent ordinances with the body of older ordinances so
the codification ordinance can be relatively current when passed.
• Retreat for Mayor and Board of Commissioners. (See highlight 3). The item was moved
to the Dec. 2 meeting. Commissioners were concerned that there was no budget, no location,
no procedure, no facilitator, etc. All these items would be discussed at the meeting, in
addition to the Vice-mayor's concerns about the ability of the BOC to meet informally to
discuss city business, policy, procedures, goals, etc.
• City Contracts and Documents. (See highlight 4 above.) The Mayor was in the process
of detailing why 23 specific contracts/documents/agreements were not properly completed by
either Mr. Winchester or Mr. Kirby when he was stopped by the vice-mayor. The Vice-mayor
said that it would be a waste of time and money for the CM to pass out 7 copies of all 23
documents—a report would be sufficient, to determine if there were truly any
problems. Mr. Kirby was instructed to prepare a status report on all 23 projects for the
Dec. 2 BOC meeting.
• Construct walking trails and parking areas for Plantation Hills Park on the TX Gas
easement.
Mr. Kirby has obtained TX Gas permission to construct the above with TX Gas consultation.
Approval is likely.
• Approve a grading contract for Windward Slopes Park. The initial verbal estimate of
$20,000 from Neibel Construction for this work which was subsequently authorized by the
"prior" BOC is now formally bid at $47,500. But it is still the low bid. Mr.
Kirby recommends approval. Approval is likely.
• Civic Club requests permission to use the City Seal on Holiday Decoration Contest
Awards. This item is on the agenda.
• Rescind the amendment attached to the passage of the new Sign Ordinance on first
reading.
Vice-mayor Carmichael wishes to consider rescinding the prior BOC vote to combine the sign
ordinance as written by the DRC with comments and suggestions by Asst. City Attorney
McKenney. Mayor offered a slight protest that this was not necessary; the ordinance could
be "amended." BOC will vote on the rescinding of its first reading passage.
• First reading to rezone Saliba property from FAR to R-2 PRD for Cedar Ridge s/d.
(See highlight 1.) Vice-mayor Carmichael protested once again, as he did on all recent PRD
considerations, that the Planning Commission and City Planner had not followed the
mandates of the Zoning Ordinance by requesting BOC rezoning to PRD status on the basis of
an MPC-approved concept plan. This time the Mayor joined Mr. Carmichael. When asked why he
and Comm. Griffin, as members of the MPC, had approved sending the improper rezoning
request to the BOC, the Mayor replied, "Because the City Planner said this was
proper." Comm. Temple had numerous questions for the developer. "Why was the
main entrance to the 98-home s/d only a 30' side street at US64—the same width as the
interior streets at Woodland Park? (Mr. Khelif replied, "Because that is all the
subdivision regs. require.") Comm. Temple asked why the 6000 sq. ft. lots approved
for Woodland Park should be continued in the adjacent sections of Cedar Ridge when this
half-of-normal size R-2 lot had proven to be a problem with traffic, fencing and other
problems in Woodland Park? She was also concerned that the recommended retention of the
existing tree buffer between the subdivisions would not be possible if bordering lots were
only 60' deep. Mr. Saliba and his engineer were somewhat amazed that their smooth sail
through the Planning Commission had run into such turbulence. They were not pleased when
they were instructed to return to the MPC with a complete site plan that would have to be
considered at a future MPC meeting, with MPC approval being required of the site plan
before the BOC could consider the rezoning.
• Add two more warning sirens in the City and upgrade existing ones at a cost of
$33,962. This will be on the agenda, although Comm. Hartz thought it might be a better
value to buy everyone a weather radio.
• Purchase/lease an upgraded phone system for City Hall. Bids range from $7,095 to
$10,233. Approval for a new digital phone system is likely.
• Appointments to Park Board, Brd. of Zoning Appeals, Design Review Commission. (See
highlight 2 above.) The following have applied:
BZA: Don Bennett, Randy Nicholson, Gearld Smith (two positions available - - maybe).
PRB: Jeff Case, Diane Eason, Brenda Lockhart and one other applicant continued from last
year (two positions available).
DRC: Christy Aguanno, Judy Balton, Judy Bennett, Jeff Case, Ron Jones, Joe KatterJohn,
Ciaran Lawlor, Susan Mitchell, Bill Morgan, Marie Stevens, Mark Taylor, Charles Thompson
(six positions available).
November 18,
1999
Novice Developers Need Help!
TDEC Violation at Lakeland Heights
A Tutorial Suggestion by Don Bennett
Are you one of the fledgling "developers" in Lakeland who thinks that turning
your 40, 80, or 100 acre homestead/investment into a money-making subdivision? Pitfalls
abound. Just ask Randy Benham, bumping from one hassle to another at Canada Woods
(improper tree cutting and earth disturbing, questionable storm water drainage, multiple
park placement requests, etc.). The developer/owner is responsible for everything, even
though "experts" or "professionals" may be hir