15 November 2007 Third Ward Alderman Selection The City Attorney has provided the legal opinion, supported by the State Attorney General, that a special election to fill the vacant third ward alderman seat is not an option under state law. Simply put, a vacant seat must be filled by the Board. No legal authority exists for a special election, except in the case of an election tie. This conclusion is further supported by the Attorney General in Opinion 97-019, where the City of Gallatin faced the same issue. The Charter for the City of Franklin addresses vacancies in office, specifically alderman, in Article IV, Section 5 (c), which states, "[a]ny vacancy in the officer of aldermen shall be filled by affirmative vote of the majority of the remaining members of the board.  Persons appointed to fill vacancies on the Board of Aldermen shall serve until the next regular city election, at which time the office shall be filled for any unexpired term by voters." It appears that the board must appoint the third ward alderman to replace Ms. Randolph, irregardless of the desire of some to hold a special election, me included.   Planning Commission for Tonight The Franklin Municipal Planning Commission meets tonight instead of next Thursday which is Thanksgiving. Agenda items include the following: Rezonings and Rezonings/Concept Plans 1. Ordinance to rezone 36.8 acres from Agricultural (AG) to Residential Variety (RX) and approve the concept plan for Rizer Point located on Del Rio Pike. Staff recommends approval. Site Plans, Conservation Design Plans, Preliminary Plats and Final Plats 1. Cool Springs East Subdivision, site plan revision for 2 buildings on 7.63 acres, located on Carothers Parkway and Shingle Way. Staff recommends postponement to December due to missing detention calculations and a revised stormwater management plan. 2. Creekstone Commons Subdivision, site plan for 64 dwelling units on 14.20 acres, located on Creekstone Boulevard. Staff recommends postponement to December to allow the applicant to address the removal of trees shown on the concept plan as being preserved. 3. Ranco Farms Subdivision, site plan for Keystone Crossing at Cool Springs, 2 buildings on 17.88 acres, located at 3775 Mallory Lane. Staff recommends disapproval due to numerous design and technical difficulties. 4. Williamson County Highway Department, site plan for several buildings on 15 acres, located at 273 Downs Boulevard. Staff recommends disapproval due to numerous deficiencies including failure to integrate the site layout with the approved Columbia Avenue Local Street Plan. 5. Woodlands Subdivision, site plan revision for Uselton's Indoor Shooting Sports, located at 390 Southwinds Road. Staff recommends postponement to December to allow the applicant to address meeting the minimum requirement for landscape surface ratio.   Board of Mayor and Aldermen from Tuesday Old Business 1. Postponed to December ordinance to rezone 7.13 acres from planned commercial (PC) to planned office (PO) and approve the concept plan Carothers Professional Center, south of Liberty Pike between Carothers Road and Edward Curd Lane - mitigation of a stream on this site has not been resolved with TDEC. 2. Approved ordinance to implement a new schedule of Road Impact Fees. 3. Approved ordinance to amend emergency water restrictions, increase disconnect charges and provide for administrative cost recovery. New Business 1. Approved ordinance to rezone 6.52 acres from estate residential (ER) to planned commercial (PC) and approve the concept plan for an assisted living facility on Riverside Drive. 2. Approved ordinance to rezone 2.72 acres from interstate commercial (IC) to planned commercial (PC) and approve the concept plan for 7007 Moores Lane to include an assisted living facility and restaurants and retail. 3. Approved adopting a plan of services for the McEwen Drive eastern extension. 4. Approved annexation of 61.25 acres and amended zoning request from Mixed-use District (MI) to Estate Residential (ER) east of the terminus of McEwen Drive at Wilson Pike. 5. Approved changing the effective date of the Zoning Ordinance from January 1, to July 1, 2008. 6. Approved professional services contract with Community Housing Partnership to conduct an emergency rehabilitation program within the Natchez and Hard Bargain neighborhoods utilizing Community Development Block Grant funding. 7. Postponed to December professional Services Agreement for engineering design of Jordan Road from Mallory Lane to Aspen Grove Drive. 8. Approved agreement with CSX Railroad for signalization at Mallory Station Road and General George Patton Drive. 9. Approved plan for parking lot drainage and pavement improvements at the rear of the Five Points Post Office Building. 10. Approved design revisions for signalization upgrades at the intersection of Murfreesboro Road and Royal Oaks Boulevard. 11. Received the City of Franklin Public Transportation Report prepared by TranSystems for the Franklin Transit Authority, and requested a special joint meeting of the FTA and BOMA be scheduled as soon as possible. I have posted this report on klattman.com (it is a large file!). 12. Changed the date of the regular January BOMA meeting to Tuesday, January 15. Water and Wastewater Approved the final change order for the Goose Creek interceptor sewer, Phase I, of a significant deduct amount - very good news!   Advisory Committee Assignments The Board of Mayor and Aldermen agreed to the establishment of four Advisory Committees as listed here. Committee members will select a chairman at their first regular meeting. 1. Public Transportation (Engineering, Streets, Stormwater, Transit) will meet the first Monday of each month at 5:00pm. Assigned are Dan Klatt, Dana McLendon, Ken Moore and Ann Petersen. 2. Public Safety & Recreation (Police, Fire, Parks, Beer Board, Emergency Management) will meet the second Monday of each month at 5:00pm. Assigned are Clyde Barnhill, Pearl Bransford, Bev Burger and the third ward alderman when seated. 3. Public Utilities (Water, Sanitary Sewer, Solid Waste, Franchises) will meet the third Monday of each month at 5:00pm. Assigned are Bev Burger, Dana McLendon, Ken Moore and the third ward alderman when seated. 4. Finance, Administrative & Community Development (Administration, Finance, Human Resources, IT, Legal, Planning, Building & Codes, Community & Economic Development) will meet the fourth Monday of each month at 5:00pm. Assigned are Clyde Barnhill, Pearl Bransford, Dan Klatt and Ann Petersen.   Bev Burger was selected as vice-mayor. Ann Petersen was selected as the BOMA representative to the Franklin Municipal Planning Commission. Each of these appointments is for one year.   Solid Waste Pick Up Schedule for Thanksgiving Week (11/19-23) No Yard Waste, Brush, or Bulk Service available this week Customers normally serviced on Monday or Tuesday will be serviced on Monday, 11/19. Customers normally serviced on Wednesday or Thursday will be serviced on Tuesday, 11/20. Customers normally serviced on Friday will be serviced on Wednesday, 11/20.