Mayor & Alderman Meeting September 6 2011 by Carolyn Hickerson

AGENDA Board of Mayor and Aldermen September 6, 2011 Regular Meeting @ 7:00 p.m. Call meeting to order. Determine quorum. Prayer by Alderman Green. Pledge of Allegiance by Alderman Broeker.

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• • • •

ORDER OF BUSINESS

Approve Minutes: August 4, 2011 Public Hearing and Regular Meeting.

Department Reports: A. Fire Department B. Police Department C. Codes Department D. Parks & Recreation Department E. Finance Department F. Library G. Water Treatment Plant H. Public Works Departments

Presentations: A. Certificate of Appreciation - Employee of the Month for August. B. Presentations - La Vergne Police Department.

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OLD BUSINESS 4.

First Reading - Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to Piedmont Natural Gas Company, Inc.

CONSENT AGENDA - (All items under the Consent Agenda are deemed to be noncontroversial and routine in nature by the governing body. They will be approved by one motion of the governing body. The items on the Consent Agenda will not be discussed.) 5.

Consent Agenda Items: A. Approve Recommendations for City Bids and Purchases: 1) Bid - HVAC Units for Library. 2) Bid - Erosion Control Blanket and Channel Liner - Stormwater Department. 3) Purchase of Speed Trailer for Police Department. 4) Purchase of a Bush-Hog Attachment for the Stormwater Department Skid Steer.

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C. D. E.

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5) Emergency Purchase from Air Conditioning, Inc. for HVAC Unit Repairs for the Parks & Recreation Building. 6) Emergency Purchase from Clean Harbors for Sewer Haz-Mat Emergency Cleanup at the Heritage Valley East Subdivision. Approve Grant Contract #2012-37 between the Greater Nashville Regional Council and the City of La Vergne for the Provision of Multipurpose Senior Center Activities. Approve Agreement with GRL Mobile ATM and the City of La Vergne to Place and Operate ATMâ&#x20AC;&#x2122;s at the Old Timerâ&#x20AC;&#x2122;s Festival. Approve Changing the Payroll Clerk Position from a Part-Time Position to a Full-Time Position. Accept the Edward Byrne Memorial Justice Assistance Grant (JAG) for Fiscal Year 2011-2012 in the Amount of $13,179.00.

NEW BUSINESS

Motion to Approve Bid for the Warning System.

Motion to Appoint Board Members: A. Greenway Advisory Committee. (One term is vacant.) B. Local Emergency Planning Committee. (One term is vacant.) C. Economic Development Advisory Committee. (City Planner term is vacant.) D. Board of Zoning Appeals. (One member needs to be removed.)

First Reading - Ordinance #2011-22 - An Ordinance to Amend the 2010-2011 Fiscal Year General Fund Budget.

First Reading - Ordinance #2011-23 - An Ordinance to Establish a Property Tax Relief Program to Benefit the Elderly Low Income Taxpayers, Totally and Permanently Disabled Taxpayers and Disabled Veteran Taxpayers.

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10. First Reading - Ordinance #2011-24 - An Ordinance to Amend Title 14, Chapter 3 of the La Vergne Municipal Code Regarding Grading, Soil Erosion and Sedimentation Control. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.)

11. First Reading - Ordinance #2011-25 - An Ordinance to Amend Title 14, Chapter 6 of the La Vergne Municipal Code Regarding Stormwater Management. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.) 12. Resolution #2011-19 - A Resolution Ratifying Continued Membership in the Regional Transportation Authority of Middle Tennessee.

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13. Resolution #2011-20 - A Resolution to Adopt a Stormwater Enforcement Response Plan. (A favorable recommendation was made by the Stormwater Appeals and Advisory Board on August 18, 2011.) 14. Motion to Approve Agreement with the La Vergne Rescue Unit, LLC. 15. First Reading - Ordinance #2011-26 - An Ordinance to Amend the La Vergne Municipal Code Regarding the Removal of Board and Committee Members.

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16. Motion to Rescind Approval of the Coca-Cola Contract. 17. Motion to Televise Board of Mayor and Aldermen Workshops.

18. First Reading - Ordinance #2011-27 - An Ordinance to Amend the Five Year Capital Plan and the Fiscal Year 2011-2012 Water and Sewer Fund Budget to Add the Assistant Public Works Director Position. 19. Resolution #2011-21 - A Resolution of the Board of Mayor and Aldermen of the City of La Vergne, Tennessee, Authorizing the Issuance, Sale, and Payment of General Fund Tax Anticipation Notes Not to Exceed Two Million Dollars ($2,000,000).

MAYOR / ALDERMEN COMMENTS

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ADJOURN

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MINUTES OF THE PUBLIC HEARING OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE HELD ON AUGUST 4, 2011 AT LA VERGNE CITY HALL, LA VERGNE, TENNESSEE.

Call to Order.

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The August 4, 2011 public hearing of the Board of Mayor and Aldermen of the City of La Vergne was called to order at 6:30 p.m. by Mayor Senna Mosley.

Board Members Present

All of the board members were present: Mayor Senna Mosley, Vice-Mayor Chris Farmer, Alderman Tom Broeker, Alderman Sherry Green, and Alderman Dennis Waldron. Mayor Mosley turned the public hearing over to City Administrator Steve Mayer.

ORDER OF BUSINESS.

Ordinance #2011-14 - An Ordinance to Amend the Fiscal Year 2010-2011 General Fund Budget.

Ordinance #2011-15 - An Ordinance to Amend the Fiscal Year 2010-2011 Stormwater Fund Budget.

Ordinance #2011-16 - An Ordinance to Amend the Fiscal Year 2010-2011 State Street Aid Fund Budget.

Ordinance #2011-17 - An Ordinance to Amend the Fiscal Year 2010-2011 Senior Citizenâ&#x20AC;&#x2122;s Fund Budget.

Ordinance #2011-18 - An Ordinance to Amend the Fiscal Year 2010-2011 Library Special Revenue Fund Budget.

Ordinance #2011-19 - An Ordinance to Amend the Fiscal Year 2010-2011 Drug Fund Budget.

Ordinance #2011-20 - An Ordinance to Amend the Fiscal Year 2010-2011 Water and Sewer Fund Budget.

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Mr. Mayer asked if anyone wanted to speak on any of the ordinances on the agenda. No one spoke.

Public Hearing

August 4, 2011

Adjournment There being no further business to come before this public hearing, Mayor Mosley declared the public hearing adjourned at 6:34 p.m.

______________________________ Mayor

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______________________________ City Recorder

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Approved: ____________________

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MINUTES OF THE REGULAR MEETING OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE HELD ON AUGUST 4, 2011 AT LA VERGNE CITY HALL, LA VERGNE, TENNESSEE. Call to Order. The August 4, 2011 regular meeting of the Board of Mayor and Aldermen of the City of La Vergne, Tennessee was called to order at 7:00 p.m. at La Vergne City Hall by Mayor Senna Mosley.

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Board Members Present. All of the members were present: Mayor Senna Mosley, Vice-Mayor Chris Farmer, Alderman Tom Broeker, Alderman Sherry Green, and Alderman Dennis Waldron. A Prayer was led by Mayor Mosley. The Pledge of Allegiance was led by Vice-Mayor Farmer. ORDER OF BUSINESS 1.

Approve Minutes: July 5, 2011 Public Hearing and Regular Meeting.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to approve the minutes of the July 5, 2011 Public Hearing and Regular Meeting, was adopted with all voting AYE.

Department Reports A. Fire Department. Assistant Chief Richard McCormick gave the monthly report for the Fire Department. (A copy of the report is attached.)

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B. Police Department. Lieutenant Kyle Norrod gave the monthly report for the Police Department. Mayor Mosley thanked Lieutenant Norrod for stepping up and being the interim police chief. She introduced the new police chief, Joseph Michael Walker. Chief Walker made several comments. Lieutenant Norrod thanked the city for the opportunity and stated that he was happy with the selection of Chief Walker and felt that he would do a wonderful job. (A copy of the report is attached.)

C. Codes Department. Mr. Kyle Brown gave the monthly report for the Codes Department. (A copy of the report is attached.)

D. Parks & Recreation. Ms. Robin Grubb thanked everyone for their support while she was deployed. Mrs. Donna Bebout gave the monthly report for the Parks & Recreation Department. Ms. Grubb made some comments regarding National Night Out and encouraged everyone to attend the Howl at the Moon 5K. Mayor Mosley made some comments regarding National Night Out and thanked everyone for doing an outstanding job. (A copy of the report is attached.)

Regular Meeting

August 4, 2011

E. Finance Department. Mrs. Phillis Rogers gave the monthly report for the Finance Department. (A copy of the report is attached.) F. Library. Ms. Teresa Wilberscheid gave the monthly report for the Library. (A copy of the report is attached.) G. Water Treatment Plant. Mr. Thomas Champagne gave the monthly report for the Water Treatment Plant. (A copy of the report is attached.)

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H. Public Works Departments. Chief Mike Walker gave the monthly report for the Public Works Departments. Mr. Steve Mayer stated that Chief Walker will be over both the Public Works Departments and the Police Department until a new public works director is selected. Chief Walker showed some statistics on the screen regarding the chipper service and the demand for that service. (A copy of the report is attached.) Presentations: A. Certificate of Appreciation - Employee of the Month.

Mayor Mosley presented a Certificate of Appreciation to Mr. Lloyd Adkins as the employee of the month for August. She thanked him for all he does for the city. B. Presentation to the City from the F.O.P.

Officer Russel Howell made some comments and presented letters of appreciation to the board members thanking them for their support of the F.O.P. Lodge and the police department.

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Sergeant Burrel Davis presented Mayor Mosley with a letter of appreciation thanking her for her support of the police department. He, on behalf of the F.O.P. Lodge pledged their support of the city.

Mayor Mosley presented trophies to the winners of the annual softball game and tug-ofwar contest that is held at National Night Out. She presented Assistant Chief Richard McCormick the trophy for the Softball Championship. She presented Lieutenant Kyle Norrod with the trophy for the Tug-of-War Championship. OLD BUSINESS

Second Reading - Ordinance #2011-14 - An Ordinance to Amend the Fiscal Year 2010-2011 General Fund Budget.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve Ordinance #2011-14 on second reading, was adopted following a roll-call vote: Alderman Green AYE Vice-Mayor Farmer YES Page 2

Regular Meeting

August 4, 2011

Alderman Waldron NO Alderman Broeker AYE Mayor Mosley AYE 5.

Second Reading - Ordinance #2011-15 - An Ordinance to Amend the Fiscal Year 2010-2011 Stormwater Fund Budget.

A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-15 on second reading, was adopted following a roll-call vote:

AYE AYE AYE AYE AYE

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Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

Second Reading - Ordinance #2011-16 - An Ordinance to Amend the Fiscal Year 2010-2011 State Street Aid Fund Budget.

A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-16 on second reading, was adopted following a roll-call vote: Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

Second Reading - Ordinance #2011-17 - An Ordinance to Amend the Fiscal Year 2010-2011 Senior Citizenâ&#x20AC;&#x2122;s Fund Budget.

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AYE AYE AYE AYE AYE

A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to approve Ordinance #2011-17 on second reading, was adopted following a roll-call vote: Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

AYE YES AYE AYE AYE

Second Reading - Ordinance #2011-18 - An Ordinance to Amend the Fiscal Year 2010-2011 Library Special Revenue Fund Budget.

A motion was made by Alderman Green, seconded by Vice-Mayor Farmer, to approve Ordinance #2011-18 on second reading, was adopted following a roll-call vote: Alderman Green AYE Vice-Mayor Farmer AYE Page 3

Regular Meeting

August 4, 2011

Alderman Waldron AYE Alderman Broeker AYE Mayor Mosley AYE 9.

Second Reading - Ordinance #2011-19 - An Ordinance to Amend the Fiscal Year 2010-2011 Drug Fund Budget.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve Ordinance #2011-19 on second reading, was adopted following a roll-call vote: AYE AYE AYE AYE AYE

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Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

10. Second Reading - Ordinance #2011-20 - An Ordinance to Amend the Fiscal Year 2010-2011 Water and Sewer Fund Budget. A motion was made by Alderman Broeker, seconded by Alderman Green, to approve Ordinance #2011-20 on second reading, was adopted following a roll-call vote: Alderman Broeker Alderman Waldron Vice-Mayor Farmer Alderman Green Mayor Mosley

AYE NO AYE AYE AYE

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CONSENT AGENDA 5.

Consent Agenda Items: . Approve Recommendations for City Bids and Purchases: 0) GSA Pricing - Copy Machine Lease for City Recorder Department. . Approve Amendment #1 to the Agreement between the Tennessee Department of Transportation and the City of La Vergne for the Hurricane Creek Greenway Project (This project consists of approximately 3,000 linear feet of greenway / bike trail, beginning at city hall and proceeding northeast connecting to residential areas.). . Approve Amendment #2 to the Agreement between the Tennessee Department of Transportation and the City of La Vergne for the Chaney Road Sidewalk Project. . Approve Online Auction of Surplus Vehicle.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Green, to approve the consent agenda items as amended, was adopted with all voting AYE.

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Regular Meeting

August 4, 2011

NEW BUSINESS 12. Resolution #2011-18 - A Resolution to Call the Stormwater Maintenance Bond to Finish the Improvements for Watersedge, Section 9. A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to approve Resolution #2011-18. Mayor Mosley explained the purpose of this resolution.

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The motion was adopted with all voting AYE. 13. Motion to Approve Bid for the Hurricane Creek Greenway Project.

A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to award the bid to Rollins Excavating Company, LLC for $141,382.00. Alderman Broeker asked Mr. Kyle Brown about the bid. Mr. Brown explained that the recommendation from Lose & Associates is for Rollins Excavating. He stated that they are the lowest and the best bidder for the project. He stated that someone was present from Lose & Associates if there were any additional questions.

Mr. Lee Davidson, Lose & Associates, stated that the bid was opened on August 2, 2011. He made some comments about the four bids that were received and stated that he would be comfortable with any of the four companies. The motion was adopted following a roll-call vote: AYE AYE AYE AYE AYE

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Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

Alderman Broeker asked if the fence for the project should be on the agenda for next month. Mayor Mosley stated that it would be a good idea. Mr. Mayer stated that the city will get some estimates and bring it back at the next meeting. Mr. Brown stated that they could have that ready for next month. He stated that the fence doesnâ&#x20AC;&#x2122;t need to be installed until after all of the work has been completed. He stated that they will have to extend the time frame for the fencing so the quote doesnâ&#x20AC;&#x2122;t expire. He stated that they will put the fence up at the end of the project. Alderman Broeker stated that he understands waiting on the installation, but the city needs to come to some type of resolution for the residents that live in that area. 14. Motion to Request MTAS to Conduct a Water and Sewer Rate Study. Mayor Mosley made some comments regarding this item. She stated that the study will not be done immediately because there are other cities in line ahead of La Vergne. Page 5

Regular Meeting

August 4, 2011

A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to request MTAS to conduct a water and sewer rate study, was adopted following a roll-call vote: Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

AYE AYE AYE AYE AYE

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15. First Reading - Ordinance #2011-21 - An Ordinance Granting a Gas Franchise to Piedmont Natural Gas Company, Inc. Mayor Mosley stated that she would recuse herself on this item because she has a family member that works for Piedmont Natural Gas Company.

A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to approve Ordinance #2011-21 on first reading. Alderman Green stated that she doesn’t feel the city should charge anything else. She stated that part of the city shouldn’t have to pay the franchise fee when the other part doesn’t. Alderman Waldron stated that La Vergne didn’t charge Smyrna a franchise fee.

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Alderman Broeker stated that Piedmont has a total of 104 customers, of which four are residents. He stated that the remainder are either industrial or commercial. He stated that for the Smyrna franchise, the city has the right to charge the franchise fee, but has not initiated that fee. He asked Mr. Cope about deferring this item and changing the wording of the ordinance to match the franchise for the Town of Smyrna so that one half of the city does not have to pay the franchise fee and the other half does pay. Mr. Evan Cope stated that there is a motion on the floor which needs to be dealt with first. Vice-Mayor Farmer withdrew his motion. Alderman Broeker withdrew his second.

A motion was made by Alderman Broeker, seconded by Vice-Mayor Farmer, to defer this item until next month, was adopted following a roll-call vote: Alderman Green Vice-Mayor Farmer Alderman Waldron Alderman Broeker Mayor Mosley

AYE AYE AYE AYE ABSTAIN

Mr. Mayer asked for a clarification for the amendment to the franchise fee. Mr. Cope made some comments and stated that the franchise fee could be made as an option for the city.

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Regular Meeting

August 4, 2011

16. Motion to Withdraw as Class Member in Hotel Occupancy Tax Lawsuit. Mr. Cope explained this item to the board. He stated that this is a lawsuit where cities are claiming that online travel agencies are not collecting the proper hotel occupancy tax. He stated that this lawsuit should not apply to La Vergne because the city did not have any reservations made online that would apply to this lawsuit. A motion was made by Alderman Green, seconded by Alderman Broeker, to withdraw as a class member in the hotel occupancy tax lawsuit, was adopted with all voting AYE.

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17. Motion to Discontinue the CALEA Certification Process. A motion was made by Vice-Mayor Farmer, seconded by Alderman Broeker, to discontinue the CALEA certification process.

Vice-Mayor Farmer asked Chief Walker if he felt this was the proper thing to do. Chief Walker made some comments and stated that he does feel it is the best thing to do. He stated that another option for the city would be to look at a state accreditation instead of a national accreditation. The motion was adopted following a roll-call vote: Alderman Broeker Alderman Waldron Vice-Mayor Farmer Alderman Green Mayor Mosley

AYE AYE AYE AYE AYE

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18. Motion to Appoint Board / Committee Members: . Rutherford County E-911 Board. (La Vergne Representative) Mayor Mosley explained this item. representative for the city.

She stated that Chief Boyd was the previous

A motion was made by Alderman Green, seconded by Vice-Mayor Farmer, to appoint City Administrator Steve Mayer as the representative from La Vergne, was adopted with all voting AYE. MAYOR / ALDERMEN COMMENTS

Alderman Green stated that National Night Out was nice, but it was hot. She asked everyone to remember Meals on Wheels. She stated that they need people who can deliver meals in La Vergne. Mayor Mosley stated that Meals on Wheels had eight people on the list in La Vergne that had no sponsors for their meals. She stated that so far, the city employees have adopted four and are working on a fifth person. Vice-Mayor Farmer thanked Mr. Fred Gaston for his help on National Night Out. He thanked Lieutenant Norrod for his work as the Interim Police Chief. Page 7

Regular Meeting

August 4, 2011

Alderman Green thanked Mr. Grant Green for the hard work he has done for the city. She wished him the best. Alderman Waldron asked everyone to remember that school has started and to watch out for the kids. He congratulated Chief Walker for his new position. He thanked Mr. Green for his work and stated that he did a good job and the city will miss him. He asked everyone to remember their pets in the hot weather. He welcomed Robin Grubb back. He asked everyone to check on the elderly and wished everyone a safe rest of the summer.

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Alderman Broeker stated that he was glad Chief Walker took the police chief position. He stated that Chief Walker comes with a lot of experience. He stated that the city will miss Mr. Green and he welcomed Ms. Grubb back. He stated that Mrs. Bebout did a great job while Ms. Grubb was gone. He stated that he wanted to recognize Melissa Banister, who has worked at the post office for 33 years and is retiring. He wished her well. Mayor Mosley stated that the seniors are happy because they are getting Mrs. Bebout back. She stated that she appreciated everyone being at the meeting.

Chief Walker mentioned a program called RUOK for the seniors. He asked anyone who need this service to contact the police department to sign up. He stated that this is for seniors or shut-ins and the system will call that person on a daily basis to make sure they are okay. He stated that if that if there is no answer, a police officer will be sent to check on the person.

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Mayor Mosley stated that residents can call 793-7744 for that program. She thanked Mr. Green for his service and wished him well. She thanked all of the employees for their work. No one else spoke. ADJOURNMENT

There being no further business to come before the Board, Mayor Mosley declared the meeting to be adjourned at 8:03 p.m.

_______________________________ Mayor _______________________________ City Recorder Approved: ______________________

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Chief James Gafford Proudly Serving The City Since 1965

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August 2011 Update

Total Calls- 85 Structure Fires- 0 Fire Alarms- 18 Vehicle Fires- 2 Grass Fires- 3

Hazardous Material Calls- 6 Motor Vehicle Accidents- 15

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Medical Calls- 17

Emergency Miscellaneous Calls- 15

Non-Emergency Miscellaneous Calls- 9

Average response time for the month of August 2011 was 3.0 min

Total water consumption for the month of August 2011 was 300 gallons

Station 1 169 Stones River Rd. 615-793-6223

Station 2 609 Waldron Rd. 615-793-9115

Station 3 301 Bill Stewart Blvd. 615-287-8743

Chief James Gafford Proudly Serving The City Since 1965 Fire Alarms 08-01-11 08-02-11 08-13-11 08-13-11 08-16-11 08-21-11 08-21-11 08-21-11 08-21-11 08-22-11 08-22-11 08-23-11 08-24-11 08-26-11 08-26-11 08-26-11 08-27-11 08-30-11

1000 Waldron R. 15 Ingram Blvd 131 Sand Hill Rd 1614 Bill Eller Dr 121 Mason Cir. 637 Martinsdale Ct. 1349 Heil Quaker Blvd 506 Dunhill Ct 430 Randall Ln 1349 Heil Quaker Blvd. 1349 Heil Quaker Blvd. 1250 Bridgestone Pkwy 15 Ingram Blvd 587 Blake Moore Dr 435 Sanford Rd 382 Stones River Rd 171 Howard Woody Dr 186 Sunrise Ave

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Vehicle Fires

08-10-11 07-25-11

I-24 West @ 64mm. 618 Cedar Bend Ln

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1. 2.

Grass Fires

1. 2. 3.

08-01-11 08-21-11 08-27-11

451 Mason Rd. 114 Jane Ann Dr 110 Fergus Rd

Hazardous Material Calls 1. 2. 3. 4. 5. 6.

08-05-11 08-11-11 08-16-11 08-17-11 08-18-11 08-22-11

Station 1 169 Stones River Rd. 615-793-6223

6001 Reliance (NG Leak) 142 Stones River Rd (damaged NG line) 411 Wooded Valley (smell of gas) Parthenon Pkwy @ International (ruptured NG gas line) 151 Murray Ln (unknown powdery substance) Veterans Memorial Pkwy @ Murfreesboro Rd (Fuel Spill) Station 2 609 Waldron Rd. 615-793-9115

Station 3 301 Bill Stewart Blvd. 615-287-8743

Chief James Gafford Proudly Serving The City Since 1965 Motor vehicle Accidents 08-02-11 08-02-11 08-02-11 08-02-11 08-08-11 08-13-11 08-15-11 08-15-11 08-16-11 08-16-11 08-20-11 08-24-11 08-24-11 08-25-11 08-29-11 08-30-11 07-30-11

5099 Murfreesboro Rd I-24 East @ 63mm 415 Old Nashville Hwy. I-24 West @ 63mm Waldron Rd @ Ingram Blvd Waldron Rd @ Rock Springs Rd 122 Charter Pl Waldron Rd @ Bridgestone Pkwy Davidâ&#x20AC;&#x2122;s Way @ Forrest Ridge 5053 Murfreesboro Rd 508 Waldron Rd Murfreesboro Rd @ Stones River Rd 301 Rutherford Pt I-24 West @ 64mm Old Nashville Hwy & Woody Thomas 785 Waldron Rd 259 Chaney Blvd

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 13. 14. 15.

Medical Calls

08-01-11 08-07-11 08-07-11 08-07-11 08-09-11 08-09-11 08-11-11 08-13-11 08-13-11 08-14-11 08-17-11 08-19-11 08-24-11 08-27-11 08-29-11 07-24-11 07-31-11

849 Ray Krebs Dr. (assist RCAS) Murfreesboro Rd @ Fergus Rd. (assist RCAS) 150 Mason Cir. (assist RCAS) 1420 Tufnell Dr. (assist RCAS) 608 Sycamore Dr. (assist RCAS) 138 Plantation Dr. (assist RCAS) 1066 Ewing Way. (assist RCAS) 602 Woodcrest Dr. (assist RCAS) 1602 Ogletree Ct (assist RCAS) 334 Liberty Ln (assist RCAS) 919 Mandy Ln. (assist RCAS) 847 Ray Krebs Dr. (assist RCAS) 640 Big Hurricane Dr. (assist RCAS) 2001 Madison Square Dr. (assist RCAS) 1706 Madison Dr. (assist RCAS) 1805 George Thomas Dr. (assist RCAS) 601 Sycamore Ln. (assist RCAS)

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17.

Station 1 169 Stones River Rd. 615-793-6223

Station 2 609 Waldron Rd. 615-793-9115

Station 3 301 Bill Stewart Blvd. 615-287-8743

Chief James Gafford Proudly Serving The City Since 1965

Emergency Miscellaneous Calls 08-07-11 08-08-11 08-08-11 08-08-11 08-09-11 08-12-11 08-15-11 08-18-11 08-21-11 08-22-11 08-27-11 08-28-11 08-29-11 08-29-11 08-30-11

127 Deer Dr. (False Call- Prank) 841 Ray Krebs Dr. (smoke in the area) 1047 Stone Mark Trl. (smell of smoke in residence) 506 South Lake Dr. (power line down) 608 Sycamore Dr. (Cooking fire) Bridgestone Pkwy @ Waldron Rd. (railroad tie on fire) I-24 West. (False Call) 158 Nelson Dr. (possible grass fire) 817 Briargrove Dr. (electrical fire) I-24 West @ 62mm (possible car fire - overheat) 153 Taylor Dr (smell of smoke) 322 Davidâ&#x20AC;&#x2122;s Way (fluids leaking from vehicle) 111 Stoneridge Pkwy (wires down) 441 Sand Hill Rd (controlled burn) 402 Madison Dr (smell of NG)

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1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 13. 13. 14. 15.

Non-Emergency Miscellaneous Calls 08-12-11 08-17-11 08-21-11 08-22-11 08-27-11 08-27-11 08-28-11 08-30-11 08-30-11

503 Mable Mason Cove. (Stood by for confined space) 117 Mercury Dr (Unauthorized burn) 154 Gambill Ln (Unauthorized burn) 208 Madison Dr (assist with smoke detector) 137 Morningside Dr (controlled burn) 125 Cherokee Dr (controlled burn) 124 Irvin Dr (smoldering clothes) 106 Lasalle Ct (Illegal burn) 166 Mason Rd (controlled burn)

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1. 2. 3. 4. 5. 6. 7. 8. 9.

Station 1 169 Stones River Rd. 615-793-6223

Station 2 609 Waldron Rd. 615-793-9115

Station 3 301 Bill Stewart Blvd. 615-287-8743

La Vergne Police Department - Month End Report Statistics for 2011 AUGUST

Animal Calls Domestics / Domestic Trouble Escorts Fire Calls Motorist Assist Open Doors Prowler Calls Suspicious Person / Vehicle

19 45 31 21 62 5 3 126

Kidnapping

0 7 43 1 35 2 22 23 3

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2,971 Total Calls: Calls Include (But Not Limited To): 0 Accident - Fatality 11 Accident - Injury 53 Accident - Property 163 Alarm Calls 121 Ambulance Calls 20 BOLO - Attempt to Locate 488 Close Watches Disturbance Calls 46

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Offenses Reported 236 Offenses Include (But Not Limited To): Robbery (And Attempted) 1 5 Assault - Misdemeanor 2 Assault - Felony 21 Burglary - Residence 1 Burglary - Business 0 Child Abuse / Neglect 0 Homicide 11 Drugs 4 Fraud Total Persons Arrested:

Persons Arrested Include:

Assault Burglary Drugs DUI Theft By Warrant / Juvenile = Curfew Disorderly Conduct Citations Issued: Warning Citations: Total Citations:

146

13 1 5 11 4 31 0

2 2 3 1 0 0 0

488 257 745

Runaway Persons Domestic Assault or Trouble Rape / Sexual Battery Theft Suicide (And Attempts) Vandalism Harassment / Intimidation Natural Deaths

Persons Arrested Include: (A - Denotes Adult; J - Juvenile)

A J 34 12 A J

Weapons Violations Driver's License Violations Vandalism Rape / Sexual Battery Robbery Runaway / Unruly Juvenile Public Intoxication

0 49 0 0 0 0 1

0 1 0 0 0 0 0

TOTAL DEPOSIT

29,922.90

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Police Dept. Report - Page 2

Calls By Day Of Month

160

141

140

131

120

131

113

109

101

100

113

101 99

122

120

118

116

108

107

105

100

Total Calls: 1,036

Average Calls Per Day: 33.42

31st

30th

29th

28th

27th

26th

25th

24th

23rd

22nd

21th

20th

19th

18th

17th

16th

15th

14th

13th

12th

11th

10th

9th

8th

7th

6th

5th

4th

3rd

2nd

1st

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Police Dept. Report - Page 3

Calls By Time of Day

200

175

180

167

163

159

160

155

154

147

137

140

125

124 120

114 114

128

117

108

100

136

130

103

107 108

Total Calls: 1,036

23:00

22:00

21:00

20:00

19:00

18:00

17:00

16:00

15:00

14:00

13:00

12:00

11:00

10:00

9:00

8:00

7:00

6:00

5:00

4:00

3:00

2:00

1:00

0:00

Police Dept. Report - Page 4

Calls By Shift 1400

1206

1000

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1200

927

840

800

D R

600

400

200

0 1st Shift

Total Calls: 1,036

2nd Shift

3rd Shift

Police Dept. Report - Page 5

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Calls By Zone

Zone 1 12%

Zone 2 14%

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All Zones 50%

Total Calls: 1,036

Zone 3 13%

Zone 4 11%

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Police Dept. Report - Page 6

Number of Calls Dispatched

700

665

600

500

422

400

393

375

306

300

297

289

Morgan210

Rowland219

224

200

100

Criswell190

Total Calls: 1,036

Gannon220

Howse109

Hunt260

Keeves121

West-258

White-136

Atkin-193 Boone-203 Campbell-107 Candler-221 Carpenter-225 Chang-201 Crawford-200 Crotts-227 Cunningham-256 Davis-152 Durham-153 Eubank-195 Evans-191 Fracker-250 Garrett-255 Goins-115 Harris-213 Hatcher-167 Hayes-161 Hofer-223 Howell-162 Hudgens-252 K-9 Kash-126 Kaul-216 Keeves-121 Killmon-216 LFD Locklayer-181 Luscinski-222 McCoy-226 McGowan-164 McKenna-117 McMillen-101 Moore - 259 Mullen-139 Murphy-102 Norrod-118 Powell-214 Reed-257 Robertson-172 Ruch-104. Sloan-106 Staats-212 Stolinsky-138 Thompson-108, Timson-110 Vaughn-211 Walker-099 Ward-254. Watson-204 Wilson T-251 Wilson W-151.

Calls Assigned to Each Officer

300 278

250 250

200 171

10 179

168

150 144

124 114

100 81 96

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Police Dept. Report - Page 7

284

185

179

190

140

Total Calls will be more due to multiple officers responding to the same call. 173

148

155

136 130

144

130128

114

112

28 21 10 19 11

115

2 13 12

R 0

Brandon Campbell Candler Carpenter Chang Crawford Crotts Cunningham Davis Durham Eubank Evans Fracker Garrett Goins Harris Hatcher Hayes Hofer Howell Hudgens Kaul Killmon Locklayer Luscinski McCoy McGowan McKenna Moore Mullen Murphy Norrod Powell Reed Robertson Sloan Staats Stolinsky Thompson, A. Timson

Atkin Boone

Citations per Officer

140 126

120

100

80 69

60 46

40 25

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Police Dept. Report - Page 8

20 14

0 0

Total Citations: 433 40

11 12

0 0

0 33

3 0

26 24

18 24

6 7 11

0 0 0 0 0 0 12

0 1

Atkin-193 Boone-203 Campbell-107 Candler-221 Carpenter-225 Chang-201 Crawford-200 Crotts-227 Cunningham-256 Davis-152 Durham-153 Eubank-195 Evans-191 Fracker-250 Garrett-255 Goins-115 Harris-213 Hatcher-167 Hayes161 Hofer-223 Howell-162 Hudgens252 Kaul-126 Killmon-216 Locklayer-181 Luscinski-222 McCoy-226 McGowan-164 McKenna-117 Moore-259 Mullen-139 Murphy-102 Norrod-118 Powell-214 Reed-257 Robertson-172 Sloan-106 Staats-212 Stolinsky-138 Thompson-108 Timson-110 Vaughn-211 Ward-254

Arrests per Officer

16 16

8 8

6 6 5

4 4

0 0

Total Arrests: 85 4

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Police Dept. Report - Page 9

0 0 0 4 4

1 1 0

4 4 4

1 1

0 0 0 0 0

Comparison of Monthly Activity 2010 to 2011 Activity Total Calls

2011 2,971

92 155 105 70 27 35 81 159 10 41

64 163 121 62 45 35 41 116 21 65

18 1,037

8 745

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Accidents Alarms Ambulance Motorist Assist Domestics Burglary Theft Total Arrests D.U.I. Driver's License Violations

2010 2,943

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Drug Related Offenses Total Citations

CITY OF LA VERGNE CODES DEPARTMENT AUGUST 2011 MONTHLY REPORT Building Permits

Fee

No. of Permits

$ $ $ 3,664,575.00 $ 9,329.00 $ $ $ 9,000.00 $ 526.00 $ 5,000.00 $ 50.00 $ $ $ 1,000.00 $ 50.00 $ $ $ 3,147.50 0 $ $ 3,679,575.00 $ 10,619.00 $ 13,766.50

0 7 0 5 2 0 2 0 3 0 16

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Single Family Dwellings Commercial Miscellaneous(Additions Only) Signs Grading Garages/Sheds Other(Driveway,Blasting Mobile Homes Commercial Plan Review Residential Plan Review TOTAL NUMBER PERMITS TOTAL MONTHLY REVENUE

Valuation

Plumbing Permits

Single Family Dwellings Multi-family Dwellings Commercial Industrial/Warehouse

No. of Permits

$ $

284.00 -

Mechanical Permits

Single Family Dwellings Multi-family Dwellings Commercial Industrial/Warehouse

Fee

No. of Permits

380.00

Complaints Called -In

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Tall Grass Junk Cars in Yards Trash in Yards Other

Impact Fees

Road Park POLICE MONTHLY REVENUE WITH IMPACT FEES Total No. of single family permits issued year to date Total No of single family permits issued during same time period 2010 Total number of all permits this year to date

123 5 20 17

Total $ 37,972.53 $ $ 5,246.54 $ 56,985.57

YEAR TO DATE TOTALS

$ $ $ $

50,348.53 4,354.00 6,814.54 145,519.70 14 42 165

La Vergne Parks & Recreation Dept August 2011 Monthly Report PROGRAM

FREQUENCY

ATTENDANCE

REVENUE

339

$1,531.25

Multi-Purpose Bldg

422

$1,037.50

Pavilions

378

$167.50

Field Rentals

$90.00

TTI - Baton

$0.00

Clogging

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Civic Auditorium

$0.00

126

$180.00

102

$357.50

M.A.D.E. Fitness Boot Camp

129

$105.00

Round Dancing

$90.00

517

$0.00

275

$4,910.00

Jazzercise Kickboxing

Zumba

Howl at the Moon 5K Run Visitors in the Park

64106

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TOTAL

Senior Citizens Activities Senior Citizens Bldg Fund

24 0 GRAND TOTAL

66582

$8,468.75

365 0 66947

$175.00 $0.00 $8,643.75

The Parks & Recreation Advisory Committee will have a workshop this month on Sept 19th @ 6pm

City of La Vergne

Parks and Recreation “Commitment To Community”

September

La Vergne Senior Center

2011 Hello Seniors,

Newsletter Happy Birthday to You!

September is here and it is time for the La Vergne Old Timer’s Festival!

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The senior tent will be have many unique crafts and lots & lots of delicious home baked goods for sale! To make this a successful fundraiser, your help is needed! Please participate in making crafts, baking items and volunteering to label & price items! We also need many volunteers to work at our tent on Saturday, September 17th and Sunday, September 18th! Please see Donna to sign up!

********************

PAGEANT PARTICIPANTS NEEDED!!

1st Annual Ms. & Mr. Old Timer Pageant

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Ages 55 and up Sunday, September 11th 1:00 p.m. LaVergne Senior Center

Applications are available at the senior center or online at www.oldtimersfestival.com *************************

The La Vergne Senior Center welcomes Zach Kirsch to our center staff! Nancy, Yolanda, Zach and I work to make your center experience a good one! See you at Old Timer’s Festival! With smiles, Donna

Kress Taylor

9/01

Norma Frady

9/02

Carol Kimble

9/02

Joyce Otis

9/04

Becky Fox

9/06

Joyce Poe

9/06

Wendell Rundle

9/07

Shirley Tobias

9/08

Jeanette Stewart

9/10

Davida Stubbs

9/11

Mary Anne Richardson 9/14

Elmer Jackson

9/15

Mildred Lancaster

9/18

Arlene Newman

9/18

Maxine King

9/20

Betty Johnson

9/21

Vincent Pollizzotto 9/21 Sharon Sturgeon

9/21

Marilyn Millay

9/30

FRASER FRANK FRENZY! Friday, September 23rd Please join Lucille Fraser’s daughter, Stacy and husband Bill as they honor Lucille’s memory by hosting a grilled hot dog lunch on Friday, September 23rd at 11:30 am. You are welcome to share your favorite stories of Lucille!

Weekly Activities! “Wii” have fun with our Wii game system! Practice for upcoming Wii tournaments! Monday Moves (and a little senior Zumba!) with Nancy! Monday 9:45 a.m.—10:15 a.m. Start the week off right by stretching those muscles and getting your blood flowing! These exercises can be done standing or sitting! No excuses needed!! Bible Study Monday mornings at 10:15 a.m. Rev. Sushil Joseph will be facilitating this non-denominational Bible Study. Make plans to be a part of this popular fellowship. Bingo Thursday at 12:00 noon — 1:00 p.m. Lots of fun! Great prizes! No cost! Cards & Game Day Friday beginning at 9:00 a.m.

Do you like to play cards or dominoes? This is the place to be! Monthly Activities!

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Heart-to-Heart 11:00 am before the monthly scoops meeting This is a forum where we can all talk heart-to-heart about any suggestions, ideas, or concerns for our Senior Center. Senior Scoop Last Tuesday of each month at 11:30 Senior Scoop is our monthly meeting where we get the scoop on next month’s activities and celebrate all the people with a birthday that month.

Pot Luck Lunch Immediately following Senior Scoop @ 12 noon Please bring your favorite covered dish...if it is your birthday month you do not need to bring a thing! Chair Massages by Jennifer Jennifer Peacock, from Angel’s Crossing, will be at our center to offer 10 minute chair massages. These help improve circulation and ease tense muscles. Please check calendar for the definite date each month. Please call the center to have your name placed on a list for the massage. There is no cost to our members for this service.

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PRE-REGISTRATION IS REQUIRED!! PLEASE ASK A STAFF MEMBER TO PLACE YOUR NAME ON THE LIST!

Special Tuesday “out-of-center” Events!

Interested in a day trip with the La Vergne Senior Center? Please register with a staff member. The bus fee will be required at the time of registration as listed below in the trip description.

September 13th

Visit Windland South Independent Living Facility & Southern Thrift

Leave @ 10:30 am

( $1.00 for bus / $ for shopping) Windland South has invited us to tour their facility and join them for lunch. After our visit and lunch we will stop by the Southern Thrift Store for a little bargain hunting! Chaperones to-be-announced.

September 20th

Movie at Hickory Hollow 8 lunch to be decided

Leave @ 11:00 am Return @ 4:00 pm

( $1.00 for bus / $ for lunch / $1.50 for movie / $ for popcorn & drink ) It’s movie time again! A list of the movies will be posted as soon as possible. This is a fun trip many of you look forward to taking! Chaperones to-be-announced.

September 2011 Monday

Tuesday

Wednesday

Thursday

Friday

Saturday

9—3 Cards & Games

Larry Lee Good Samaritan Home Care

5 Closed Labor Day

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12 / Bingo

Old Timer’s Festival Crafts!

Closed

9:45—10:15 Monday Moves with Nancy

Ron Fischer VA and Long Term Care Benefits

Center closed for activities!

Independent Living & lunch

Closed

9:45—10:15 Monday Moves with Nancy

Movie Theater

Hickory Hollow

Lunch to-be-decided

Closed

Leave center at 11 am

9:45—10:15 Monday Moves with Nancy

11 Heart-to-Heart 11:30 October Scoops 12 Potluck lunch

28 Closed

12 /Bingo

Volunteers needed to wrap, label and price baked goods and crafts!

9—3 Cards & Games

Oasis In-Home Care Medication Management

12 / Bingo

11:30 Lunch FRASER FRANK FENZY grilled hot dogs special toppings chips / dessert

Free Lunch 29

9—3 Cards & Games

April Simmons Laughter Remedy

12 / Bingo

Pre-register for Chair Massage

10:30

11—3 Open Wii Games

Sing along with Carla Gill

Windland South

10:15 Bible Study

9—3 Cards & Games

Southern Thrift

11—3 Open Wii Games

10:15 Bible Study

12 / Bingo

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10:15 Bible Study

11:30 Lunch Green beans roasted potatoes squash casserole dessert

All hands on deck to work on crafts!!

11:30 Lunch Chicken Pot Pie Salad/ dessert

11:30 Lunch Turkey Subs Cole slaw fruit cup

Old Timer’s Festival

Veteran’s Memorial Park

Sept. 16, 17 & 18 24

City of La Vergne

Old Timer’s Festival Baked Goods!! Calling all bakers…

Parks and Recreation “Commitment To Community”

Senior Center 337 Stones River Road La Vergne, TN 37086

Dust off those recipe books and find your favorite cookies, pies and cake recipes and let the baking begin! Bring your baked goods to the senior center by

Thursday, September 15th

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Mailing address: 5093 Murfreesboro Road La Vergne, TN 37086

we need your help to make our bake sale at the Old Timer’s Festival a success!

Phone: 615-793-3048

The center will be closed for activities on Friday, September 16th but volunteers are needed to help wrap, label and price all items!

web! We’re on the e.org www.lavergn

Please sign up to volunteer!

Ideas & Suggestions

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Please feel free to offer suggestions and share your great ideas on new activities or events you would like to see happen at the La Vergne Senior Center!

La Vergne Senior Citizens’ Advisory Committee-

Meetings the 3rd Thursday of the Month

(If you have comments or suggestions regarding the Senior Center, please feel free to contact any of these members)

Sherry Green, Chairman

793-6982

Rev. Ezell Garner Don Lehr

793-0006 793-3394

Grace Murillo Albert Parker

213-1282 267-0772

Kay Jones

793-9255

Syble Pedigo

793-7891

Lucille Lunn

554-9868

Doug Shafer

459-9337

Ronnie Mosley

793-2469

Mary Jane Skinner 793-6635

Operating Hours are: Monday through Friday from 9:00am to 3:00pm Closed Wednesday

CITY OF LA VERGNE FINANCIAL SUMMARY July 31, 2011 1 MONTHS 8.3% OF FISCAL YEAR

GENERAL FUND

Revenues Expenditures

LOCAL SALES TAX

YTD Budget 1,157,880 1,157,880

Annual Budget 13,894,560 13,894,560

-563,782

% of Annual Budget 5.0% of Budget Collected 9.1% of Budget Spent

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NET INCOME

YTD Actual 695,620 1,259,402

FY 2011-2012 Same Period Last Year

275,438 249,102

283,333

3,400,000

8.1% of Budget Collected

STATE STREET AID FUND Revenues Expenditures NET INCOME

65,250 16,829 48,421

61,535 61,535 0

738,416 738,416 0

8.8% of Budget Collected 2.3% of Budget Spent

STATE STREET AID: Street Lighting Capital Expenditures TOTALS

16,829 0 16,829

40,438 21,097 61,535

485,250 253,166 738,416

3.5% of Budget Spent 0.0% of Budget Spent 2.3% of Budget Spent

94,134 49,573 44,561

92,917 92,917 0

1,115,000 1,115,000 0

8.4% of Budget Collected 4.4% of Budget Spent

49,573 0 49,573

94,167 18,750 112,917

1,130,000 225,000 1,355,000

4.4% of Budget Collected 0.0% of Budget Spent 3.7% of Budget Spent

WATER AND SEWER FUND Revenues Expenditures

890,789 665,939

794,625 751,261

9,535,500 9,015,126

9.3% of Budget Collected 7.4% of Budget Spent

224,850

43,365

520,374

2,000 7,400 9,400

4,583 8,333 12,917

55,000 100,000 155,000

3.6% of Budget Collected 7.4% of Budget Collected 6.1%

234,250

56,281

675,374

0.0%

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STORMWATER FUND Revenues Expenditures NET INCOME STORMWATER FUND Operating Expenses Capital Outlay TOTALS

OPERATING INCOME

Water Tap Fees Revenue Sewer Tap Fees Revenue Total Tap Fees Revenue

NET INCOME

PAGE 1

CITY OF LA VERGNE FINANCIAL SUMMARY July 31, 2011 CASH IN BANKS AND INVESTED GENERAL FUND STATE STREET AID FUND SENIOR CITIZENS FUND SPECIAL REVENUE FUND (DRUG FUND) SPECIAL REVENUE FUND (LIBRARY) PROBLEM SOLVING/REDEPLOYMENT GRANTS STORM WATER MANAGEMENT CAPITAL PROJECT FUND (HIGHWAYS & STREETS) ROAD IMPACT FEES: RECEIVED 7-1-98 THRU RECEIVED 7-1-10 THRU TOTAL IMPACT FEES REC'D OTHER RECEIPTS/TRANSFERS

$ $ $ $ $ $ $ $

2,402,841 1,220,386 60,259 73,692 205,428 59,624 1,946,397 3,697,884

28,872

76,577

$ $ .

5,650,455 363,830

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110 121 122 123 124 126 127 311

06/30/11 06/30/12

TOTAL RECEIVED LESS: EXPENDED

$ 5,403,697.57 $ 2,652.00 $ 5,406,349.57 $ 787,076.83 $ 6,193,426.40 $ 6,062,281.12

BALANCE

313 CAPITAL PROJECT FUND (PARKS & RECREATION) PARK IMPACT FEES: RECEIVED 7-1-98 THRU RECEIVED 7-1-10 THRU TOTAL IMPACT FEES REC'D OTHER RECEIPTS/TRANSFERS

6/30/2011 6/30/2012

TOTAL RECEIVED LESS: EXPENDED

131,145.28

$ 1,572,808.17 $ 933.00 $ 1,573,741.17 $ 1,368,515.06 $ 2,942,256.23 $ 2,915,049.27

BALANCE

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321 POLICE IMPACT FUND POLICE IMPACT FEES: RECEIVED 7-1-98 THRU RECEIVED 7-1-10 THRU TOTAL IMPACT FEES REC'D OTHER RECEIPTS/TRANSFERS TOTAL RECEIVED LESS: EXPENDED BALANCE

413 WATER & SEWER FUND 511 INTERNAL SERVICE FUND (EMPLOYEE BENEFITS)

PAGE 2

6/30/2011 6/30/2012

27,206.96

$ $ $ $

288,713.77 336.00 289,049.77 45,534.63

$ $

334,584.40 258,007.52

76,576.88

CITY OF LA VERGNE FINANCIAL SUMMARY July 31, 2011 GENERAL FUND Fiscal 10-11

Fiscal 11-12

% of Total Actual Fiscal 10-11

Increase Decrease (-)

Gross Revenues Gross Expenses

709,292 1,367,067

695,620 1,259,402

-$13,672 -$107,665

NET INCOME

-$657,775

-$563,782

$93,993

5.9% 11.4%

WATER/SEWER FUND

5.0% 9.1%

% of Total Budget Fiscal 11-12

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Gross Revenue Gross Expenses

% of Total Budget Fiscal 10-11

% of Total Budget Fiscal 11-12

Fiscal 11-12

Increase Decrease (-)

599,395 594,160

890,789 665,939

$291,394 $71,779

5,235

224,850

$219,615

W/S Tap Fees Revenue

$14,050

$9,400

-$4,650

NET INCOME

$19,285

234,250

$214,965

OPERATING INCOME

8.6% 6.5%

9.3% 7.4%

13.6%

6.1%

WATER/SEWER REVENUE COMPARISON

Month

Fiscal 2011 Sewer

TOTAL YTD

413-37210 Fiscal 2012 Sewer

Cumulative Year To Date Increase Decrease

280,063 256,176 267,728 278,848 238,832 226,800 228,847 206,701 208,865 224,278 233,412 445,046

386,402 0 0 0 0 0 0 0 0 0 0 0

275,926 245,702 259,085 268,615 233,090 236,742 246,453 217,608 220,079 228,859 246,791 575,683

444,890 0 0 0 0 0 0 0 0 0 0 0

-555,989 -1,057,867 -1,584,680 -2,132,143 -2,604,065 -3,067,607 -3,542,907 -3,967,216 -4,396,160 -4,849,298 -5,329,501 -6,119,501

3,095,596

386,402

3,254,634

444,890

831,292

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JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN

Fiscal 2011 Water

413-37110 Fiscal 2012 Water

Page 3

Percent Increase Decrease

0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00%

La Vergne Public Library August

August 2010

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August 2011 Checked out

11,475

12,776

Attendance in the library Average per day

11,749 435

11,728 451

New Juvenile cards New Adult cards

58 188

76 198

Library programs Attendance

24 763

18 902

4,023

4,208

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Total computer users

Additional information: # of items/catalog # of patrons

68,321 34,005

AF T La Vergne Public Library

January 2011 Checked out Checked in Attendance in the library Average per day

10,356 8,969 8,934 406

New Juvenile cards New Adult cards

67 154

Adult programs Attendance

16 286

Childrens' programs Attendance

20 497

Total computer users

3,005

July 2011 Checked out Checked in

18,130 20,439

Attendance in the library Average per day

12,754 531

New Juvenile cards New Adult cards

1 32

January 2009

February 2011

February 2010

February 2009

March 2011

9,731 8,870

11,877 10,501

11,204 11,370

11,646 10,720

11,496 10,994

13,272 12,945

13,342 13,223

13,564 13,223

11,407 11,910

10,113 11,239

10,420 11,404

9,959 10,705

9,564 9,673

11,475 10,892

24,686 20,646

22,949 19,511

22,521 19,948

9,848 428

11,963 479

10,526 439

10,195 476

10,620 443

11,989 428

12,799 474

11,808 454

10,132 422

10,404 400

9,824 409

10,272 447

9,483 412

10,174 407

14,598 561

14,578 561

14,606 562

46 187

59 242

55 193

53 191

80 224

77 167

88 258

80 234

34 132

36 151

47 181

54 139

59 151

78 171

128 221

132 240

145 278

12 142

14 145

19 329

13 205

12 241

22 361

9 207

17 320

17 275

11 214

15 261

17 272

16 228

9 197

3 11

12 162

4 15

30 589

34 675

22 559

28 626

36 1,106

38 703

36 997

41 1,192

41 990

31 664

38 1,171

10 434

11 1,112

12 725

18 1,727

19 1,629

17 1,972

3,507

3,427

3,437

3,565

3,423

3,968

4,163

3,778

3,661

3,371

2,825

3,817

3,309

3,225

4,350

4,377

3,756

March 2010

March 2009

August 2011

August 2010

August 2009

October 2011

October 2010

October 2009

September September September 2011 2010 2009

April 2011

April 2010

April 2009

May 2011

May 2010

May 2009

November November November 2011 2010 2009

June 2010

June 2009

July 2009

18,932 19,755

19,835 20,693

11,475 12,562

12,776 14,155

13,470 14,521

11,326 11,656

12,201 12,022

12,171 14,971

13,269 13,321

11,157 11,756

10,453 11,405

7,389 8,338

9,606 10,017

12,437 497

13,545 564

11,749 435

11,728 451

11,609 447

11,079 482

11,115 483

11,774 471

12,981 481

10,269 446

10,645 484

6,976 367

9,868 411

113 212

102 248

58 188

76 198

77 239

89 205

77 202

57 165

86 229

48 153

37 168

22 86

37 127

8 164

10 26

10 132

4 22

16 38

18 194

17 154

19 217

13 215

17 300

14 261

11 176

11 96

19 502

25 605

2,538

3,729

Children programs Attendance

14 1,023

18 988

16 1,317

14 631

14 880

13 1,478

40 1,821

42 2,353

37 4,393

40 3,073

35 720

34 864

Total computer users

3,871

4,023

3,882

4,023

4,208

3,821

3,816

3,626

3,925

4,269

3,656

3,847

*January 1 - 28, 2005 *June 1 - 28, 2005 ^June 29 - July 31, 2005 **June 1 - 26, 2008

June 2011

July 2010

Adult programs Attendance

54 189

January 2010

December December December 2011 2010 2009

Data for 1995 - 2007 in hidden columns.

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La Vergne Public Library Yearly Recap

Checked out Checked in Attendance in the library Total of monthly averages Average per day New Juvenile cards New Adult cards Adult programs Attendance

2010

2009

2008

2007

2006

2005

110,489 109,546

151,096 153,867

160,187 158,941

144,912 143,816

147,280 147,112

149,001 148,332

161,592 162,136

90,954 3,669 306

131,570 5,465 455

138,758 5,624 469

119,848 4,833 403

122,502 4,950 413

121,245 4,939 412

122,245 4,907

527 1,383

819 2,197

905 2,543

862 2,370

1,131 2,558

1,138 2,752

1,231 2,805

105 1,698

150 2,231

152 1,969

137 1,176

203 1,689

259 1,808

164 1,500

177 6,564

318 14,921

348 16,531

369 14,981

377 11,566

362 10,587

332 16,923

43,608

38,833

39,450

33,655

29,964

Children's programs Attendance

2011

Total computer users

30,132

44,458

* Data for 2004 in hidden columns.

City of La Vergne Water Treatment Plant Severn Trent Services Monthly Summary July, 2011 Parameter

Standard

2010

2011

Vol. Processed (Million gal.)

119.795

102.780

Vol. Delivered (Million gal.)

101.339

103.840

95% <0.3 NTU

100%

Filter Turbidity

<0.5 NTU

100%

0.3 mg/L

0.020

0.010

0.05 mg/L

0.032

0.016

2.0 mg/L

0.91

1.03

1.25

1.56

Iron Manganese Fluoride Total Coliform Chlorine Residual

Chemicals Used

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Turbidity

Zero Colonies

>0.2 mg/L

Purpose

Unit

Potassium Permanganate

Oxidation

lbs

Sodium Hypochlorite

Disinfection

lbs

8073

3208

Coagulation

lbs

Coagulation

lbs

Sodium Polyphosphate

Anti-Corrosive

lbs

2334

3029

Fluorosilicic Acid

Fluoride

lbs

1247

1282

Powered Activated Carbon

Taste and Odor

lbs

3088

3695

Sodium Permanganate

Oxidation

lbs

8130

5267

Polyaluminum Chloride

Coagulation

lbs

36575

34851

Aluminum Sulfate

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Polymer

Approximate Process Chemical Cost

Maintenance for July

2,630.00

Maintenance Feb thru July 2011

22,823.78

Annual Maintenance Cap

86,458.00

Balance

63,634.22

Quality calls Pressure Taste or Odor

1 4 Total

2010

2011

$57,873.79 $46,827.03

Cross Connection Program

Units October, 2008 Installed / New Total Units Invoices Collected

287 348 635 $

1,960

DEPARTMENT OF PUBLIC WORKS MONTHLY REPORT SEWER AND WATER DEPARTMENTS

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AUGUST 2011

Totals

De artment

Sewer De artment

151

Work Orders

Final Grinder Pum One Calls Overtime Sewer

res

Ins ections

onded

hours Man

Sewer De t

Stoppages

ects ecial Pro

D R

121

183 0

None

Water De artment

Work Orders

New Meter Sets Overtime

hours Man

Water Line Breaks

ecial Pro ects

114 3 128 107 Lake Forest 113 Lake Forest 593 Cedar Bend Lane

None

DEPARTMENT OF PUBLIC WORKS MONTHLY REPORT STREET AND FLEET MAINTENANCE DEPARTMENTS 2011

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AUGUST

De artment

Totals

Street De artment

Chi

Calls

Chi

us Pick

Loads Hauled Workhouse

680

of tons

ram

installed

maintained

hours man

8 5

road bonds

As halt installed tonna

ba s

5 1

Streetli ht traffic li ht maintenance Streetli hbtraffic li ht Mowin

new

installation

uests re

uests

hours man

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Overtime

38 655

strai htened

As halt ins ections Cold Mix

Work Orders

Special Projects

11 0

373 39

123

None

Fleet De artment

Vehicle Re airs

Maintenance

Minor

or Ma

Tires

Batteries

Brakes

Overtime

hours man

None

ecial Projects

DEPARTMENT OF PUBLIC WORKS MONTHLY REPORT

BREAKDOWN 2011

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AUGUST

artment

Totals

Street De artment

Overtime

hours man

call On

Workhouse

ram

hours

655

Chi

Litter

237 er

icku 148

Mowin As

Cleanin

Streetli Traffic htSi

nal Maintenance

D R

nests

5 Traffic Si nals 0

Fleet De artment

Overtime

hours man

Sewer De artment

Overtime hours man Breakdown call On

Pump Stations Grinder Pum Sewer Sto

Water

Overtime

183

31 89 63 0

Department

hours man

Streetli hts

Streetli ht Traffic Si nals New Re

187

halt 36

128

Breakdown Call On

After Hours Service Calls

ORDINANCE #2011-21 AN ORDINANCE GRANTING A GAS FRANCHISE TO PIEDMONT NATURAL GAS COMPANY, INC. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE as follows:

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I. DEFINITIONS 1.01 As used in this Ordinance, the following terms, words and phrases shall have the meanings respectively ascribed to them in this section: "Company" shall mean Piedmont Natural Gas Company, Inc., a corporation organized under the laws of the State of North Carolina and authorized to do business in the State of Tennessee, and any successor in interest to Piedmont Natural Gas Company, Inc. under this franchise Ordinance. "City" or "City of La Vergne" shall mean:

The City of La Vergne, a municipal corporation located in Rutherford County, Tennessee, The area within the territorial City limits of the City of La Vergne and within the extraterritorial area surrounding the City to the extent it may be lawfully included as presently or hereafter fixed by law or ordinance, or

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The Board of Mayor and Alderman of the City of La Vergne or any officer or agent duly authorized in acting on behalf of the City as a municipal corporation, as indicated by the context by which the term is used;

"Board of Mayor and Alderman" shall mean the governing body of the City of La Vergne; "Gas" when used as an unqualified term shall mean either natural or artificial gas, by whatever process or processes derived or manufactured, or both such gases either separately or a mixture of them. â&#x20AC;&#x153;Franchise feeâ&#x20AC;? shall mean the fee that may be established pursuant to paragraph 2.09.

II. FRANCHISE GRANTED

2.01 The Company is hereby granted the right to construct, operate and maintain a gas utilities system within the City for production, transmission, distribution and sale of gas to consumers and users within the City and to the City and any and all agencies and Page 1 of 4

departments thereof. 2.02 The Company is hereby granted the right, authority and privilege to construct and install, operate, maintain, lay or relay, renew, replace and repair gas pipes, mains, pipelines, conduits, regulators, connections and services thereto, in, through, across, along and under streets, avenues, roads, public alleys, lanes, parks and squares, and other public places and ways in the City for the production, pumping, handling, transmission, distribution and sale of gas for any and all purposes, subject to the terms and conditions hereinafter set forth in this Ordinance.

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2.03 Whenever the Company wishes to enter upon any street, lane or public place for the purpose of constructing, replacing or repairing any gas mains, pipes, or other appliances, it shall notify the City, file a plan or map of the proposed work, if practicable, and comply with all provisions of any ordinances related to utility excavations in City rightof-way before commencing same. Whenever the Company causes any opening, excavation or alteration to be made in any street, lane or public place within the City in the construction, operation or maintenance of any of its pipelines or other appliances owned or used by it, the Company shall repair and restore such portions of such streets, lanes or public places to the same condition in which it found them as nearly as practicable. Additionally, if the Company shall fail to restore the area to its approximate former condition within a reasonable period of time no less than thirty working days after notification by the City, the City shall proceed to restore such streets, lanes and public places as nearly as practicable to their original condition and the City shall submit a statement of the costs for this restoration to the Company. The Company agrees to pay the City for these costs within thirty days.

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2.03.1 Whenever the Company shall cause any opening, excavation or alteration to be made in any street, lane or public place within the City in the construction, operation or maintenance of any of its pipelines or other appliances owned or used by it, the Company shall comply with all safety regulations required by federal, state and local laws.

2.04 In the event it becomes necessary or expedient for the City to change the course or grade of any street, lane or public place in which the Company is maintaining gas mains, pipes or other appliances and fixtures, upon the written request of the City, the Company will remove or change the location or depth of such main, pipes or other appliances and fixtures, at its own expense, as necessary to conform to the proposed street alteration. 2.05 This franchise is granted for a term of fifteen years beginning October 1, 2011 and ending at midnight October 1, 2026. This franchise supersedes any and all former rights or franchises of the Company to operate a gas utilities system in the City with respect to all acts and things done or admitted to be done, on or after October 1, 2011. 2.06 The Company hereby agrees to indemnify, defend, and hold harmless the City, its elected officials, officers, boards, commissions, and employees, against any and all claims and liabilities arising from the Company, and its assignees or licensees, activities or Gas System, including reasonable attorneys fees and court costs. Page 2 of 4

2.07 The Company shall not be obligated to the City or any of its departments or agencies for any tax, license fee, other fee, or any other payment whatsoever, relating to the rights granted herein, other than that which is levied by state law.

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2.08 The Company is hereby granted the right during the existence of this franchise to mortgage or hypothecate this franchise, together with all rights and privileges there under and any right or interest therein, as security for indebtedness, subject to acceptance by any legal successor in interest of the obligations, duties, liabilities, limitations and prohibitions set out herein and subject to the approval by the Tennessee Regulatory Authority or other governmental agency whose approval is required by law. The Company shall not assign or transfer its rights under this agreement, provided, however, that this provision shall not prohibit the Company from assigning its rights hereunder to the surviving corporation in any corporate reorganization in which the Company is a party. 2.09 The City may, at any time after the adoption of this ordinance, impose a franchise fee equal to, or less than, three percent (3%) of the annual gross revenues collected from all customers who are located and provided service by the Company within the geographical areas identified on Exhibit A. In the event the City elects to impose a franchise fee pursuant to this ordinance, the City shall give the Company ninety (90) days prior notice before final adoption of the ordinance establishing the franchise fee. Payment of such fee and the recovery thereof by the Company shall be pursuant to Tenn. Code Ann. Section 65-4-105(e). III. ACCEPTANCE OF FRANCHISE

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This Ordinance shall be submitted to the Tennessee Regulatory Authority pursuant to Tenn. Code Ann. Section 65-4-107 for approval and shall take effect from the day and date of its passage, but only after it has been accepted in all its terms and revisions by the Company, in writing, within sixty days after its passage; otherwise, the same shall be null and void and of no effect. PIEDMONT NATURAL GAS COMPANY, INC.

BY: ___________________________________ Senior Vice President - Utility Operations

ATTEST:

___________________________________________ Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer

Page 3 of 4

CITY OF LA VERGNE

BY: ______________________________ Mayor

ATTEST:

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_________________________ City Recorder

(City Seal)

STATE OF TENNESSEE

COUNTY OF _____________

) ) )

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This is to certify that on the ___________ day of _________, 2011, before me came Michael H. Yount, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Senior Vice President - Utility Operations of Piedmont Natural Gas Company, Inc., and Jane R. Lewis-Raymond, with whom I am personally acquainted, who, being by me duly sworn, says that she is the Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer of Piedmont Natural Gas Company, Inc.; that the Senior Vice President - Utility Operations and Vice President, General Counsel, Corporate Secretary and Chief Compliance Officer subscribed their names thereto, and the Company's corporate seal was affixed, all with the consent of the Board of Directors of the Company. Witness my hand and official seal, this the ___________ day of _____________, 2011.

___________________________ Notary Public

My Commission expires: _____________________

Page 4 of 4

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M E M O

DATE:

August 29, 2011

TO:

BOARD of MAYOR & ALDERMEN

FROM:

FELICIA SMITH

RE:

2011 Library A/C Bid

On August 29, 2011, at 2:30 p.m., we opened and received three bids for the A/C Library.

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After looking at all bids and talking with Teresa, we then took this to the Library Board. The Library Board voted to award this project to Air Conditioning Services with there 2nd quote of (2) 7.5 ton units. They had an engineer look at this project before making recommendations. Air Conditioning Service #1

$ 79,800.00

Air Conditioning Service #2 $ 27,750.00(Trane) (This is the Bid the Library Board decided to go with) Harris Mechanical Contractors

$ 43,000.00 (Lenox)

Thompson Services

$44,784.00(Trane)

TO: FROM: RE:

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DATE:

August 29, 2011

BOARD of MAYOR & ALDERMEN FELICIA SMITH

2011 EROSION CONTROL MATTING BID

At 1:30 p.m., CST, on Monday, August 29, 2011, bids were opened for the Erosion Control Matting for the Storm Water Department. We received two responses to this bid. I have talked with Katie Kline and we are both in agreement that Mid-Ten Erosion Products lnc. should be awarded the bid. This was bid with a three year option that the company not increase there prices more than 4% per year.

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You will see the attached bid schedule for unit pricing.

This will be purchased as needed from the Stormwater Department.

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TO: FROM: RE:

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DATE:

August 31, 2011

BOARD of MAYOR & ALDERMEN FELICIA SMITH

POLICE DEPARTMENT SPEED TRAILER

Lt. Ruch found a speed trailer on GovDeals.com for the Police Department. It had not been used much by the Temple, Georgia Police Department and we received a grant to help purchase one. After research and speaking with then Chief Ted Boyd, I was instructed to bid on this item for the Police Department. I stopped bidding at $6,000.00 as I was instructed to do and did not think we would be awarded the bid as it had not met the minimum bid. I received a call a few days later from the Temple, Georgia Police Department and was told we could come pick this up. The price new would be around $14,000.00. I do feel that we got a good deal on this equipment.

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Lt. Ruch went to pick this up on August 12th as we were given a week to come and get it.

This was paid for from a Police Department Grant

Total Cost: $ 6,000.00

You will see the receipt from the Temple Ga. Police Department attached

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La Vergne City Hall 5093 Murfreesboro Road La Vergne, TN 37086

Phone: 615-287-8634 FAX: 615-793-6025 E-Mail: brichardson@lavergnetn.gov

City of La Vergne

Memo Board of Mayor / Aldermen

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To:

From:

Bruce E. Richardson

Date:

September 1, 2011

Re:

Purchase of Bush-Hog Attachment for Skid Steer.

Katie Kline asked me to place this on the agenda. She is requesting a bush-hog attachment for the Stormwater Department Skid Steer. She has obtained the following quotes:

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Bobcat of Nashville Thompson Machinery Company (CAT) Thompson Machinery Company (CAT) Diamond Equipment (Case)

$5,250 $5,529 (standard flow) $6,940 (high flow) $5,682 (additional $750 for Caster wheel attachment)

She has stated that this will be used to mow detention ponds and some ditch lines before they begin ditch work. There are ponds that are on city owned property that need to be maintained better. She stated that she is fine going with the lowest quote from Bobcat of Nashville for $5,250.

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Department of Justice Office of Justice Programs

Bureau of Justice Assistance Office of Justice Programs

Washington, D.C. 20531

Chief Kyle Norrod City of LaVergne 5093 Murfreesboro Road LaVergne, TN 37086-2706 Dear Chief Norrod:

August 26, 2011

On behalf of Attorney General Eric Holder, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Local Solicitation in the amount of $13,179 for City of LaVergne. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact:

- Program Questions, Kareem R. Izlar-Mathis, Program Manager at (202) 514-2588; and

- Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov.

Congratulations, and we look forward to working with you. Sincerely,

Denise O'Donnell Director

Enclosures

Department of Justice Office of Justice Programs Office for Civil Rights Washington, D.C. 20531

August 26, 2011

Dear Chief Norrod:

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Chief Kyle Norrod City of LaVergne 5093 Murfreesboro Road LaVergne, TN 37086-2706

Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs

As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals

In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. ยง 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov.

Ensuring Equal Treatment for Faith-Based Organizations

The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors.

The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more information on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/etfbo.htm. State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the Justice Department has concluded that the Religious Freedom Restoration Act (RFRA) is reasonably construed, on a case-by-case basis, to require that its funding agencies permit faith-based organizations applying for funding under the applicable program statutes both to receive DOJ funds and to continue considering religion when hiring staff, even if the statute that authorizes the funding program generally forbids considering of religion in employment decisions by grantees. Questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment may be directed to this Office.

Enforcing Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Complying with the Safe Streets Act or Program Requirements

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In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.C. § 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(1) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. § 42.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. §§ 42.205(5) or 31.202(5)). 1) Meeting the EEOP Requirement

In accordance with Federal regulations, Assurance No. 6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements:

If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208.

If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm.

If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. 2) Submitting Findings of Discrimination

In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Ensuring the Compliance of Subrecipients

If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients.

If we can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 3070690 or visit our website at http://www.ojp.usdoj.gov/ocr/.

Sincerely,

Michael L. Alston Director cc:

Grant Manager Financial Analyst

Department of Justice Office of Justice Programs PAGE 1

Bureau of Justice Assistance

OF 6

Grant

1. RECIPIENT NAME AND ADDRESS (Including Zip Code)

4. AWARD NUMBER:

City of LaVergne 5093 Murfreesboro Road LaVergne, TN 37086-2706

5. PROJECT PERIOD: FROM

10/01/2010

09/30/2014

BUDGET PERIOD: FROM

10/01/2010

09/30/2014

6. AWARD DATE 1A. GRANTEE IRS/VENDOR NO.

2011-DJ-BX-3294

08/26/2011

7. ACTION

8. SUPPLEMENT NUMBER

Initial

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620890631

9. PREVIOUS AWARD AMOUNT

3. PROJECT TITLE Law Enforcement Equipment Project

12. SPECIAL CONDITIONS

10. AMOUNT OF THIS AWARD

$ 13,179

11. TOTAL AWARD

$ 13,179

THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S).

13. STATUTORY AUTHORITY FOR GRANT

This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.

15. METHOD OF PAYMENT GPRS

GRANTEE ACCEPTANCE

AGENCY APPROVAL

18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL

16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Denise O'Donnell

Kyle Norrod Chief of Police

Director

17. SIGNATURE OF APPROVING OFFICIAL

19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL

AGENCY USE ONLY

20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X

13179

OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE.

OJP FORM 4000/2 (REV. 4-88)

21. KDJUGT0996

19A. DATE

Department of Justice Office of Justice Programs

Bureau of Justice Assistance

AWARD CONTINUATION SHEET

PAGE 2 OF 6

Grant

PROJECT NUMBER

2011-DJ-BX-3294

AWARD DATE

08/26/2011

SPECIAL CONDITIONS The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide.

The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance.

The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP.

The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by mail:

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Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530

e-mail: oig.hotline@usdoj.gov

hotline: (contact information in English and Spanish): (800) 869-4499

or hotline fax: (202) 616-9881

Additional information is available from the DOJ OIG website at www.usdoj.gov/oig.

Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP.

The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee. Cf. 28 C.F.R. parts 66, 70.

OJP FORM 4000/2 (REV. 4-88)

Department of Justice Office of Justice Programs

Bureau of Justice Assistance

AWARD CONTINUATION SHEET

PAGE 3 OF 6

Grant

PROJECT NUMBER

2011-DJ-BX-3294

AWARD DATE

08/26/2011

SPECIAL CONDITIONS Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

The recipient agrees to comply with applicable requirements regarding Central Contractor Registration (CCR) and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System (DUNS) number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm (Award condition: Central Contractor Registration and Universal Identifier Requirements), and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

10.

The recipient is required to establish a trust fund account. (The trust fund may or may not be an interest-bearing account.) The fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period of the grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Federal Financial Report (SF-425).

11.

To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

12.

To support public safety and justice information sharing, OJP requires the grantee to use the National Information Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition, visit http://www.niem.gov/implementationguide.php.

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OJP FORM 4000/2 (REV. 4-88)

Department of Justice Office of Justice Programs

Bureau of Justice Assistance

AWARD CONTINUATION SHEET

PAGE 4 OF 6

Grant

PROJECT NUMBER

2011-DJ-BX-3294

AWARD DATE

08/26/2011

SPECIAL CONDITIONS The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, the grantee agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant, the grantee agrees to contact BJA.

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13.

The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html, for programs relating to methamphetamine laboratory operations.

Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds.

15.

The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period. This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds. In addition, the recipient agrees to maintain an administrative file documenting the meeting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046.

14.

OJP FORM 4000/2 (REV. 4-88)

Department of Justice Office of Justice Programs

Bureau of Justice Assistance

AWARD CONTINUATION SHEET

PAGE 5 OF 6

Grant

PROJECT NUMBER

2011-DJ-BX-3294

AWARD DATE

08/26/2011

SPECIAL CONDITIONS The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation governing "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award, faithbased organizations may, in some circumstances, consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm.

17.

The recipient acknowledges that all programs funded through subawards, whether at the state or local levels, must conform to the grant program requirements as stated in BJA program guidance.

18.

Grantee agrees to comply with the requirements of 28 C.F.R. Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

19.

Grantee agrees to comply with all confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, section 22.23.

20.

The recipient agrees that funds received under this award will not be used to supplant State or local funds, but will be used to increase the amounts of such funds that would, in the absence of Federal funds, be made available for law enforcement activities.

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16.

Award recipients must submit quarterly a Federal Financial Report (SF-425) and annual performance reports through GMS (https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA), P.L. 103-62, applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore, quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation.

22.

The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes, regulations, OMB circulars, and guidelines, including the OJP Financial Guide, and to include the applicable conditions of this award in any subaward. The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award.

23.

Award recipients must verify Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes.

21.

OJP FORM 4000/2 (REV. 4-88)

Department of Justice Office of Justice Programs

Bureau of Justice Assistance

AWARD CONTINUATION SHEET

PAGE 6 OF 6

Grant

PROJECT NUMBER

2011-DJ-BX-3294

AWARD DATE

08/26/2011

SPECIAL CONDITIONS The grantee agrees that within 120 days of award acceptance, each member of a law enforcement task force funded with these funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, will complete required online (internet-based) task force training. The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership (www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award, or once every four years if multiple awards include this requirement. This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

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24.

OJP FORM 4000/2 (REV. 4-88)

Department of Justice Office of Justice Programs Bureau of Justice Assistance

Washington, D.C. 20531

Memorandum To: Official Grant File Orbin Terry, NEPA Coordinator

Subject:

Incorporates NEPA Compliance in Further Developmental Stages for City of LaVergne

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From:

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant.

The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories.

Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see http://www.ojp.usdoj.gov/BJA/resource/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance.

Department of Justice Office of Justice Programs

GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY

Bureau of Justice Assistance

Grant PROJECT NUMBER PAGE 1 OF 1

2011-DJ-BX-3294 This project is supported under FY11(BJA - JAG) 42 USC 3750, et seq.

1. STAFF CONTACT (Name & telephone number)

Carl McMillen Sergeant 5093 Murfreesboro Road LaVergne, TN 37086-2706 (615) 287-8616

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Kareem R. Izlar-Mathis (202) 514-2588

2. PROJECT DIRECTOR (Name, address & telephone number)

3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE)

3a. TITLE OF THE PROGRAM

FY 2011 Justice Assistance Grant Program

4. TITLE OF PROJECT

Law Enforcement Equipment Project

5. NAME & ADDRESS OF GRANTEE

6. NAME & ADRESS OF SUBGRANTEE

City of LaVergne 5093 Murfreesboro Road LaVergne, TN 37086-2706

8. BUDGET PERIOD

7. PROGRAM PERIOD FROM:

10/01/2010

TO: 09/30/2014

9. AMOUNT OF AWARD $ 13,179

FROM:

10/01/2010

TO: 09/30/2014

10. DATE OF AWARD 08/26/2011

11. SECOND YEAR'S BUDGET

12. SECOND YEAR'S BUDGET AMOUNT

13. THIRD YEAR'S BUDGET PERIOD

14. THIRD YEAR'S BUDGET AMOUNT

15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse)

The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of activities to prevent and control crime based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; and 7) crime victim and witness programs (other than compensation). The grantee will use the grant to support law enforcement initiatives. Specifically, funds will be used to purchase mobile GPS units, marine GPS units, hand held video cameras, digital cameras, crime scene equipment, and investigative video surveillance equipment. The project goals are to ensure officer safety and increase

OJP FORM 4000/2 (REV. 4-88)

the capabilities of the police department.

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NCA/NCF

2011 JAG Grant Budget and Budget Narrative Budget

ITEM

COST

10 @ $200.00 each 1 @ $500.00 each 3 @ $350.00 each 10 @ $200.00 each $3,000.00 $4,629.00

$2000.00 $500.00 $1,050.00 $2,000.00 $3,000.00 $4,629.00

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Mobile GPS Units Marine GPS Unit Hand Held Video Cameras Digital Cameras Crime Scene Equipment Investigative Video Surveillance Equipment

COMPUTATION

TOTAL

$13,179.00

Budget Narrative

Mobile GPS Units – The Mobile GPS Units will be used by police department personnel to locate addresses and driving directions while responding to calls for service, while investigating crimes, and when involved in work related travel. Marine GPS Unit – The Marine GPS Unit will be used on the police department’s police boat that is used to patrol for boating violations and for emergency rescue.

Hand Held Video Cameras – The Hand Held Video Cameras will be used by Crime Scene Officers, Patrol personnel, and Investigators to record crime scenes and other department investigations that can benefit from the video recording of evidence.

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Digital Cameras – The Digital Cameras will be issued to Patrol supervisors to aid them in the collection of photographic evidence at crime scenes and other lawenforcement calls for service.

Crime Scene Equipment – Crime Scene Equipment will consist of equipment and replacement supplies needed by the crime scene technicians to collect evidence at crime scenes. Investigative Video Surveillance Equipment – Investigative Video Surveillance Equipment will consist of surveillance equipment capable of collecting video evidence to be used in the investigation and prosecution of criminal cases.

AF T M E M O

DATE:

August 29, 2011

TO:

BOARD of MAYOR & ALDERMEN

FROM:

FELICIA SMITH

RE:

BID - WARNING SYSTEM AND MASS NOTIFICATION BID

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We received four bids for the Outdoor Emergency Warning System bid. The LEPC Committee met and went over all the results. They recommended that McCord Communications be awarded this project. We will be bidding out the financing portion of this after this is awarded. Federal Signal

$ 384,935.00

American Signal (Several exceptions to the bid)

$ 299,965.00

Stansell Electric Comp/ATI Product

$ 468,110.00

McCord Communications

$ 497,041.36

La Vergne City Hall 5093 Murfreesboro Road La Vergne, TN 37086

Phone: 615-287-8634 FAX: 615-793-6025 E-Mail: brichardson@lavergnetn.gov

City of La Vergne

Memo Board of Mayor / Aldermen

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To:

From:

Bruce E. Richardson

Date:

September 1, 2011

Re:

Greenway Advisory Committee

Current Members:

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Name Tom Broeker - Chairman Connie Golden Vacant (Patricia Farmer) Mark Dodd Sara Heilwagen Robert Lee Doug Smith

Appointed: November 2010 July 2010 July 2010 February 2001 June 2007 January 2010 December 2004

Term Expires: Term of Office May 31, 2015 December 31, 2014 January 31, 2012 December 31, 2012 December 31, 2013 May 31, 2015

Patricia Farmer has resigned from this committee. We had a previous application still on-file and we have received one application for this position. Current Applicants: â&#x20AC;˘ Edward Jones â&#x20AC;˘ Amy Brown

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La Vergne City Hall 5093 Murfreesboro Road La Vergne, TN 37086

Phone: 615-287-8634 FAX: 615-793-6025 E-Mail: brichardson@lavergnetn.gov

City of La Vergne

To:

Board of Mayor / Aldermen

From:

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Memo Date: Re:

Bruce E. Richardson September 6, 2011

Local Emergency Planning Committee Appointments

Local Emergency Planning Committee Members:

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Name Vice-Mayor Chris Farmer - Chairman Ricky McCormick - Vice-Chairman - LFD Robert Kimbrough - LFD Lynn Ruch - LPD Vacant (Ted Boyd) - LPD Martin Blair - Rescue Chris Schmidt - Rescue Mike Walker - Public Works Lloyd Adkins - Public Works Phillis Rogers - Finance Department Victor Woods - Fire Marshal Tim Hooker - Emergency Management Agency Price Justice - Ambulance Service Joe Lallo - Environmental Specialist Julia Hill- Box 100 Brian Toll Thomas Champagne - Water Treatment Plant Steve Mayer - City Administrator

Appointed: November 2010 February 2005 February 2005 February 2005 February 2005 February 2005 October 2005 March 2011 November 2008 September 2007 August 2008 June 2011 March 2010 November 2010 August 2006 May 2011 March 2011 May 2011

Term Expires: Term (Council Member) December 31, 2013 December 31, 2013 December 31, 2013 December 31, 2014 December 31, 2014 December 31, 2014 December 31, 2011 December 31, 2011 December 31, 2011 December 31, 2011 December 31, 2012 December 31, 2012 December 31, 2012 December 31, 2012 December 31, 2012 December 31, 2014 December 31, 2013

There is a vacant Police Department position. Since Mike Walker is our new police chief, his position on this committee should be switched from Public Works to the Police Department. He will remain on this committee. The new public works director is Greg Skinner. He can be appointed to fill the Public Works position on this committee.

La Vergne City Hall 5093 Murfreesboro Road La Vergne, TN 37086

Phone: 615-287-8634 FAX: 615-793-6025 E-Mail: brichardson@lavergnetn.gov

City of La Vergne

Memo Board of Mayor / Aldermen

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To:

From:

Bruce E. Richardson

Date:

September 6, 2011

Re:

Economic Development Advisory Committee

Current Members:

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Name Senna Mosley - Chairman Graeme Coates Danny Jones Webb Pickard Robert P. St. John Vacant (City Planner) Tom Clark

Appointed: November 2010 April 2011 October 2003 October 2003 October 2003 June 2011

Term Expires: Term of office. June 30, 2011 June 30, 2014 June 30, 2013 June 30, 2012 June 30, 2015 June 30, 2015

The city planner position is currently vacant. Ms. Kristin Costanzo is the new planner and can be appointed to this committee.

La Vergne City Hall 5093 Murfreesboro Road La Vergne, TN 37086

Phone: 615-287-8634 FAX: 615-793-6025 E-Mail: brichardson@lavergne.org

City of La Vergne

Memo From: Date: Re:

Board of Mayor / Aldermen

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To:

Bruce E. Richardson September 1, 2011

Board of Zoning Appeals

Current Members:

Name Robert Karger - Chairman Douglas Stanphill - Vice-Chairman Graeme Coates Nathan Phillips Garlon Russell

Appointed: February 2011 February 2011 November 2007; February 2011 February 2011 February 2011

Term Expires: January 31, 2013 January 31, 2015 January 31, 2012 January 31, 2014 January 31, 2012

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Garlon Russell is now a city employee, so he should be removed from the Board of Zoning Appeals. We will begin advertising this position and bring it back next month to appoint a replacement.

ORDINANCE #2011-22 AN ORDINANCE TO AMEND THE 2010-2011 FISCAL YEAR GENERAL FUND BUDGET. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: The 2010-2011 Budget is hereby amended for the General Fund by providing for: Increased Revenue for account number: Grant - THDA Total Increased Revenues

40,301

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36691

40,301

42,801

2,500

Increased Expenditures for account numbers: 44300 42200

Culture Fire Protection Total Increased Expenditures

$ $

40,301 2,500

Total Fund Uses

Total Fund Balance/Uses Decrease

THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT.

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LEGAL STATUS PROVISIONS

Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

ATTEST:

________________ Public Hearing

_____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.

ORDINANCE #2011-23 AN ORDINANCE TO ESTABLISH A PROPERTY TAX RELIEF PROGRAM TO BENEFIT THE ELDERLY LOW INCOME TAXPAYERS, TOTALLY AND PERMANENTLY DISABLED TAXPAYERS AND DISABLED VETERAN TAXPAYERS.

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WHEREAS, Tennessee Code Annotated, § 67-5-701(j) allows all counties and municipalities to appropriate funds for the tax relief of elderly low-income and disabled homeowners who are eligible for tax relief under state law; and WHEREAS, the City of La Vergne wishes to establish a Property Tax Relief Program to benefit the elderly low income taxpayers, totally and permanently disabled taxpayers and disabled veteran taxpayers.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF LA VERGNE BOARD OF MAYOR AND ALDERMEN, that:

Section 1.

Title 5 of the La Vergne Municipal Code be amended by adding a new Chapter 6, entitled “Real and Personal Property Taxes” to read as follows:

CHAPTER 6

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REAL AND PERSONAL PROPERTY TAXES

SECTION 5-601. When due and payable. 5-602. When delinquent - penalty and interest. 5-603. Property tax relief program. 5-601. When due and payable. Taxes levied by the city against real and personal property shall become due and payable annually on the first Monday of October of the year for which levied. 5-602. When delinquent - penalty and interest. All real property taxes shall become delinquent on and after the first day of March next after they become due and payable and shall thereupon be subject to such penalty and interest as is authorized and prescribed by the state law for delinquent county real property taxes.

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5-603. Property tax relief program. (1) A property tax relief program for elderly low income taxpayers, totally and permanently disabled taxpayers and disabled veteran taxpayers is hereby established. (2) The taxpayers to receive this relief shall be determined in accordance with the property tax relief listing as specified by Tennessee Code Annotated, ยง 67-5-701 through 67-5-705, as amended, issued by the State of Tennessee. (3) The amount of property tax relief granted by the city shall be an additional amount equivalent to the municipal property tax relief given by the State of Tennessee as defined above. The total property tax relief provided cannot exceed the total property taxes actually paid. (4) The city administrator, or his designee, is hereby authorized to develop the necessary procedures to execute said program.

Section 2.

This ordinance shall become effective on the first day of the month following the final passage of this ordinance the public welfare requiring it.

LEGAL STATUS PROVISIONS

Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

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ATTEST:

_____________________________________ Bruce E. Richardson, City Recorder

Published in the Daily News Journal on ________________________.

Ordinance #2011-24 AN ORDINANCE TO AMEND TITLE 14, CHAPTER 3 OF THE LA VERGNE MUNICIPAL CODE REGARDING GRADING, SOIL EROSION AND SEDIMENTATION CONTROL. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: Title 14, Chapter 3 of the La Vergne Municipal Code be amended to read as follows:

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SECTION I.

CHAPTER 3

GRADING, SOIL EROSION, AND SEDIMENTATION CONTROL

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SECTION 14-301. Purpose. 14-302. Rules applying to chapter. 14-303. Definitions. 14-304. Land Disturbance permit required. 14-305. Land Disturbance permit fees. 14-306. Inspection and Enforcement. 14-307. General Criteria. 14-308. Adjustments. 14-309. Final inspection. 14-310. Appeals. 14-311. Penalties.

14-301. Purpose. The City of La Vergne has in the past experienced development causing the displacement of large quantities of earth. Significant problems resulting from such development are soil erosion and sedimentation. Sediment is the cause of contamination of water supplies and water resources and a major source of pollution. A buildup of sediment destroys valuable resources, clogs water courses and causes flooding which results in substantial damage to public and private lands. The result is a serious threat to the health, safety, and general welfare of the community. Therefore, the purpose of this chapter is to substantially reduce erosion and sediment damage within the City of La Vergne and is designed to safeguard the health, safety, and general welfare of the citizens; to preserve the value of land throughout the city; to establish reasonable and accepted standards of design and procedures for development which prevent sediment damage; to prevent the pollution of streams, ponds, and other water courses of sediment; to minimize property damage by means of flooding and to preserve the natural beauty and aesthetics of the community. 14-302. Rules applying to chapter. For the purpose of this chapter, certain rules of construction shall apply herein as follows:

Page 1 of 11

(1) Words used in the present tense shall include the future tense and the singular includes the plural, unless otherwise indicated in the text. (2) The term "shall" is always mandatory and not discretionary; the words "may" and "should" are permissive in nature. (3) Except as herein provided, all words used in this chapter shall have their common dictionary definition.

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14-303. Definitions. (1) "Building permit." A general permit issued authorizing any owner, authorized agent, or contractor to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to perform any or to cause any such work to be done. (2) "Cut." Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. (3) "Developer." The person, firm, partnership, or corporation authorized by the owner to carry out the development of the land. (4) "Development." The process of grading, clearing, filling, quarrying, construction, or reconstruction to improved or unimproved real estate or other similar activities when not excluded by exemptions from this chapter. (5) "Erosion." The wearing away of land by action of wind, water, or gravity. (6) "Erosion Prevention and sediment control (EPSC) plan." The plan required before a grading permit may be issued. The plan may be included as part of a preliminary plan required under another city ordinance or a separate plan following the specifications set out in this chapter. (7) "Excavation." See cut. (8) "Existing grade." The slope or elevation of existing ground surface prior to cutting or filling. (9) "Fill." Portion of land surface or area to which soil, rock or other materials have been or will be added; height above original ground surface after the material has been or will be added. (10) "Final grade." The final slope or elevation of the ground surface after cutting or filling. (11) "Final plan." The approved erosion and sediment control plan. This plan may differ from the erosion and sediment control plan if adjustments or amendments are required by the city. (12) "Inspector." The person designated by the city manager to issue grading permits and to carry out inspections of the permitted activities. (13) â&#x20AC;&#x153;Land Disturbance" Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. "Grading" shall be synonymous with "land disturbing activity." (14) â&#x20AC;&#x153;Land Disturbance Permit." A permit issued to authorize land disturbance to be performed under the guidelines of this chapter. (15) "Mulching." The application of plant or other suitable materials on the soil surface to conserve moisture, reduce erosion, and aid in establishing plant cover. (16) "Owner." The legal owner of the property as recorded in the Rutherford County Register of Deeds office at the time of application of the grading permit. The person ultimately responsible for adhering to the provisions of this chapter. Page 2 of 11

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(17) "Sediment." Rock, sand, gravel, silt, or other material deposited by action of wind, water, or gravity. (18) "Sediment basin, trap, barrier, or perimeter dike." A barrier or dam built across a waterway or water course, or at other locations to retain sediment. (19) "Soil stabilization." Measures which protect soil from erosion. (20) â&#x20AC;&#x153;Stormwater Appeals and Advisory Board." The body which has been delegated the authority by the Council of the City of La Vergne to hear appeals concerning decisions made by the city administrator or his designee as to the interpretation of the meaning of this code. (21) â&#x20AC;&#x153;Stormwater Pollution Prevention Plan (SWPPP)â&#x20AC;? A written plan that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. (22) "Stripping." Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations. (23) "Use." Any purpose for which a building or other structure or a tract of land which may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or tract of land.

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14-304. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases: (a) Land disturbing activity disturbs one (1) or more acres of land; (b) Land disturbing activity of less than one (1) acre of land if such activity is part of a larger common plan of development that affects one (1) or more acre of land; (c) Land disturbing activity of less than one (1) acre of land, if in the discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and (d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land disturbance permit on sites requiring a "Tennessee General Permit for Storm Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval: (i) The Notice of Intent (NOI) required by TDEC for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (ii) The Notice of Coverage (NOC) proving coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iii) The Storm Water Pollution Prevention Plan prepared for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be Page 3 of 11

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addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading. (b) Application for a land disturbance permit on sites which pose a threat to water, public health, or safety, as determined by the city engineer or other appropriate authority, shall require the following be submitted for review and approval: (i) Name of applicant; (ii) Business or residence address of applicant; (iii) Name, address and telephone number of the owner of the property of record in the office of the assessor of property; (iv) Address and legal description of subject property including the tax reference number and parcel number of the subject property; (v) Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan; (vi) A statement indicating the nature, extent and purpose of the land disturbing activities including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity. (vii) Where the property includes a sinkhole, the applicant shall obtain from the Tennessee Department of Environment and Conservation appropriate permits. (viii) The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the City of La Vergne from imposing additional development requirements and conditions, commensurate with this ordinance, on the development of property covered by those permits. (ix) Additional information and calculations as deemed necessary by the city engineer. (3) Review and approval of land disturbance permit application. The city engineer will review each application for a land disturbance permit to determine its conformance with the provisions of this ordinance. The city engineer shall provide one of the following responses in writing: (a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or (i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions Page 4 of 11

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established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the denial. (d) No development plans will be released until the land disturbance permit has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction. (b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer.

14-305. Land Disturbance permit fees. If the total area of the property being graded is less than 1 acre, the grading permit fee shall be $50.00 (fifty dollars). If the total area of the property being graded is 1 acre of more, the grading permit fee shall be $100.00 (one hundred dollars).

14-306. Inspection and enforcement. The requirements of this chapter shall be enforced by the city administrator or his designee who shall inspect all the work, land disturbance or construction involved. If the designee finds any person, firm, or entity engaged in land disturbing activities without having obtained a required land disturbance permit, he shall issue a stop order. In addition, if anyone is found conducting or to have conducted land disturbing activities in violation of this chapter or any approved plan the designee may require compliance or refuse to approve further work and/or issue a stop order pending a hearing before the board of adjustments and appeals. If the city administrator or his designee determines that significant erosion or related problems are occurring on a graded site despite approved protective practices, he shall require the permit holder to take additional corrective actions to protect the adversely affected area. The specifications of the additional measures shall be part of the amended erosion and sediment control plan. Page 5 of 11

If it is determined that the permit holder has failed to comply with the approved plan, the inspector shall immediately serve upon the owner, developer, or contractor, a correction notice setting forth the measures needed to come into compliance and specifying a time for such compliance. Failure to comply within the time specified shall subject permittee to revocation of the permit, and he shall be deemed in violation of the chapter requirements and subject to the penalties provided therein. Stormwater discharges coming from a permitted site with an objectionable color contrast to receiving waters could also be in violation to the Stormwater Management Ordinance Title 14 Chapter 6 of the Municipal Code.

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14-307. General criteria. The following general criteria are minimum requirements for controlling erosion and sedimentation from land-disturbing activities and should be satisfied in each approved erosion-sediment control plan. No permit issued using the general criteria is intended to restrict the use of other innovative practices or modifications to the specified practices if such practices are thoroughly described and detailed and approved given as part of or a supplement to the approved plan prior to installation. (1) Establishment of permanent vegetation. A permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the city administrator or his designee, is mature enough to control soil erosion satisfactorily and to survive seasonal weather conditions. If it is determined by the city administrator that the vegetation will not with-stand seasonal weather conditions, the release of unobligated monies or bonds shall be determined by the Board of adjustments and appeals. (2) Protection of adjacent properties. Properties adjacent to the site of land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, or dikes, or sediment basins, or by a combination of such measures. Vegetated buffer strips may not be used alone. (3) Cut and fill slopes. Cut and fill slopes must be designed and constructed in a manner which will minimize erosion. Consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area, groundwater conditions, and other applicable factors. Slopes which are found to be eroding excessively within one (1) year of the construction must be provided with additional slope stabilizing measures until the problem is corrected. The following guidelines are provided to aid site planners and plan reviewers in developing an adequate design. (a) Topsoil for the area should be stockpiled and then used for replacement on the graded area. (b) Roughened soil surfaces are generally preferred to smooth surface on slopes. (c) Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length. (d) Concentrated storm water should not be allowed to flow down or cut or fill slopes unless contained within an adequate temporary or permanent channel, flume, or slope drain structure. (e) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided. Page 6 of 11

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(4) Protection of storm sewer inlets. All storm sewer inlets which are made operable during construction shall be protected so that sediment-laden water is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. (5) Work in Stream Channel. The channel (including bed and banks) must always be re-stabilized immediately after in-channel work is completed. Where a live (wet) water course must be crossed by construction vehicles regularly during construction, a TEMPORARY STREAM CROSSING must be provided, the design of which must be approved by the city administrator or his designee. (6) Underground utility construction. The construction of underground-utility lines shall be subject to the following criteria: (a) No more than 500 feet of open trench will be allowed at one time. (b) Where consistent with safety and space considerations, excavated materials is to be placed on the uphill side of trenches. (c) Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or offsite property. (7) Construction access routes. Off-site vehicle tracking of sediments and the generation of dust shall be minimized. A stabilized construction access (a point of entrance/exit to a construction site) shall be described and implemented, as needed, to reduce the tracking of mud and dirt onto public roads by construction vehicles. The design of the construction access should at a minimum, shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day or more often if deemed necessary. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sedimentcontrolled disposal area. Street washing shall be allowed only after sediment is removed in this manner. (8) Disposition of temporary measures. All temporary erosion and sediment-control measures shall be disposed of within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by the city manager or his designee. Trapped sediment and other disturbs soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sediment. (9) Maintenance. All temporary and permanent erosion and sediment-control practices shall be maintained and repaired as needed by property owners to assure continued performance of their intended function, as determined by the city administrator or his designee. (10) The construction-phase erosion prevention controls shall be designed to eliminate (or minimize if complete elimination is not possible) the dislodging and suspension of soil in water. Sediment controls shall be designed to retain mobilized sediment on site to the maximum extent practicable. (11) The design, inspection, and maintenance of Best Management Practices (BMPs) as described in the Stormwater Pollution Prevention Plan (SWPPP) must be prepared in accordance with good engineering practices and, at a minimum, shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. In addition, all control measures must be properly selected, installed, and maintained in accordance with the manufacturerâ&#x20AC;&#x2122;s specifications (where applicable). All control measures control measures selected must be able to slow runoff so that rill and gully formation is prevented. Page 7 of 11

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(12) Off Site Sediment. If sediment escapes the permitted area, off-site accumulations of sediment that have not reached a stream must be removed at a frequency sufficient to minimize offsite impacts (e.g. fugitive sediment that has escaped the construction site and has collected in a street must be removed so that it is not subsequently washed into storm sewers and streams by the next rain and/or so that it does not pose a safety hazard to users of public streets). A Land Disturbance Permit does not authorize access to private property. Arrangements concerning removal of sediment on adjoining property must be settled by the permittee with the adjoining landowner. (13) Sediment Removal. Sediment should be removed from sediment traps, silt fences, sedimentation ponds, and other sediment controls as recommended in the Tennessee Erosion and Sediment Control Handbook, and must be removed when design capacity has been reduced by 50%. (14) Removal of Vegetation. Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 15 days prior to grading or earth moving unless the area is seeded and/or mulched or temporary cover is installed. Clearing and grubbing must be held to the minimum necessary for grading and equipment operation. Existing vegetation at the site should be preserved to the maximum extent practicable. (15) Construction Phasing. Construction phasing is required on all projects regardless of size as a major practice for minimizing erosion and limiting sedimentation. Construction must be phased to keep the total disturbed area less than 50 acres at any one time. Areas of the completed phase must be stabilized within 15 days. No more than 50 acres of active soil disturbance is allowed at any time during the construction project. This includes off-site borrow or disposal areas. The 50 acre limitation does not apply to linear construction projects (such as roadway, pipeline, and other infrastructure construction activities) if the following conditions are met: (a) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance have distinct receiving waters; or (b) Where contiguous disturbances amount to greater than 50 acres, but no one distinct water is receiving run off from more than 50 disturbed acres; or (c) With the departmentâ&#x20AC;&#x2122;s written concurrence, where more than 50 acres of disturbance is to occur and where one receiving water will receive run-off from more than 50 acres; or (d) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance are more than 5 miles apart. In order for a linear project to take advantage of the 50 acre rule exemption outlined in this paragraph, the contractor shall conduct monthly site assessments until the site is permanently stabilized. (16) Erosion prevention and sediment control measures must be in place and functional before earth moving operations begin, and must be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the workday, but must be replaced at the end of the workday. (17) Stabilization. Stabilization measures shall be initiated as soon as possible in portions of the site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed no later than 15 days after the construction activity in that portion of the site has temporarily or permanently ceased. In the following situations, temporary stabilization measures are not required: Page 8 of 11

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a) where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or b) where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 15 days. Steep slopes shall be temporarily stabilized not later than 7 days after construction activity on the slope has temporarily or permanently ceased. Permanent stabilization with perennial vegetation (using native herbaceous and woody plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable. Unpacked gravel containing fines (silt and clay sized particles) or crusher runs will not be considered a non-eroding surface. (18) Design of Erosion and Sediment Control Measures. Erosion prevention and sediment control measures must be prepared in accordance with good engineering practices and the latest edition of the Tennessee Erosion and Sediment Control Handbook. In addition, erosion prevention and sediment controls shall be designed to minimize erosion and maximize sediment removal resulting from a 2-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. When clay and other fine particle soils are present at the construction site, chemical treatment may be used to minimize amount of sediment being discharged. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters shall be designed to minimize erosion and maximize sediment removal resulting from a 5-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. (19) Sediment Basin. For an on-site outfall which receives drainage from 10 or more acres, a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 2 year, 24 hour storm and runoff from each acre drained, or equivalent control measures as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 5 year, 24 hour storm and runoff from each acre drained, or equivalent control measures as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. A drainage area of 10 or more acres includes both disturbed and undisturbed portions of the site or areas adjacent to the site, all draining through the common outfall. (20) Settling Basins. Muddy water to be pumped from excavation and work areas must be held in settling basins or filtered or chemically treated prior to its discharge into surface waters. Water must be discharged through a pipe, well-grassed or lined channel or other equivalent means so that the discharge does not cause erosion and sedimentation. Discharged water must not cause an objectionable color contrast with the receiving stream. 14-308. Adjustments. The city administrator may waive or modify any of the general criteria which are deemed inappropriate or too restrictive for site conditions, by granting an adjustment. Adjustments may be granted in writing under the following conditions: (1) At the time of plan submission, an applicant may request adjustments to become part of the approved Erosion and Sediment-Control Plan. The applicant must Page 9 of 11

explain the reasons for requesting adjustments in writing. Specific adjustments which are allowed must be documented on the approved plan. (2) During construction, the applicant may request adjustments to the approved plan in writing. A response, in writing, approving or disapproving such request, should be given within five (5) working days. Without a written approval, no adjustment shall be considered valid.

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14-309. Final inspection. Upon completion of the work specified in the final plan, the applicant shall request a final inspection and approval. Final inspection will occur within five (5) days. If upon final inspection. the City administrator or his designee would determine that the final plan has been completed with, he shall sign the appropriate blank on the grading permit, approving compliance with the plan. If he should determine that there has not been compliance, he shall so notify the applicant and state his reason for so deciding. The applicant may then correct any deficiencies and then request a final inspection and approval; or submit a performance bond with narrative stating when the unfinished work will be completed. 14-310. Appeals. Pursuant to Tennessee Code Annotated, ยง 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Appeals and Advisory Board. Any person aggravated by a final decision of the board may seed review by a court competent jurisdiction.

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14-311. Penalties. (1) Violations. Any person who shall commit any act declared unlawful under this ordinance, who violates any provision of this ordinance, who violates the provisions of any permit issued pursuant to this ordinance, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of La Vergne, shall be guilty of a civil offense. (2) Penalties. Under the authority provided in Tennessee Code Annotated ยง 68221-1106, the City of La Vergne declares that any person violating the provisions of this ordinance may be assessed a civil penalty by the City of La Vergne of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. (3) Measuring civil penalties. In assessing a civil penalty, the City of La Vergne may consider: (a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this violation; (e) Any unusual or extraordinary enforcement costs incurred by the City of La Vergne; (f) The amount of penalty established by ordinance or resolution for specific categories of violations; and (g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment. (4) Recovery of damages and costs. In addition to the civil penalty in ยง 14-314(2), the City of La Vergne may recover: Page 10 of 11

SECTION II.

SECTION III.

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(a) All damages proximately caused by the violator to the City of La Vergne, which may include but not be limited to any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation including attorneys' fees. (b) The costs of the City of La Vergne's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this ordinance. (5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.

Each section, subsection, paragraph, sentence and clause of this ordinance is hereby declared to be separable and severable. The validity of any section, subsection, paragraph, sentence or clause shall not be effected by the invalidity of any other portion of this ordinance, and only any portion declared to be invalid by a court of competent jurisdiction shall be deleted herefrom.

That this Ordinance take effect forthwith upon its final passage, the public welfare requiring it.

LEGAL STATUS PROVISIONS

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Approved by the Mayor and Board of Aldermen:

_____________________________________ Senna Mosley, Mayor

________________ 1st Reading

________________ 2nd Reading

ATTEST:

_____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.

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Request:

City of La Vergne

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Stormwater Appeals and Advisory Board Meeting: August 18, 2011

Revisions to the Title 14 Chapters 3 “Grading, Soil Erosion, and Sedimentation Control” and 6 “Stormwater Management of the Municipal Code”

Proposed by:

Katie Kline, Stormwater Project Engineer

Revisions to the Ordinance 1. The two chapters of the municipal code had conflicting language that has now been corrected.

2. Updated 14-307 “General Criteria” so the City’s requirements match that of the State of Tennessee “General NPDES Permit for Discharges of Stormwater Associated with Construction Activities”.

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3. Added Requirements needed for a Land Disturbance Permit to both chapters.

CHAPTER 3 GRADING, SOIL EROSION, AND SEDIMENTATION CONTROL

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SECTION 14-301. Purpose. 14-302. Rules applying to chapter. 14-303. Definitions. 14-304. Grading Land Disturbance permit required. 14-305. Grading Land Disturbance permit fees. 14-306. Exceptions. Inspection and Enforcement. 14-307. Application and plan review. General Criteria. 14-308. Inspection and enforcement. 14-309. Bond requirement, fees. 14-310. General criteria. 14-311 308. Adjustments. 14-312 309. Final inspection. 14-313 310. Appeals. 14-314 311. Penalties.

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14-301. Purpose. The City of La Vergne has in the past experienced development causing the displacement of large quantities of earth. Significant problems resulting from such development are soil erosion and sedimentation. Sediment is the cause of contamination of water supplies and water resources and a major source of pollution. A build-up of sediment destroys valuable resources, clogs water courses and causes flooding which results in substantial damage to public and private lands. The result is a serious threat to the health, safety, and general welfare of the community. Therefore, the purpose of this chapter is to substantially reduce erosion and sediment damage within the City of La Vergne and is designed to safeguard the health, safety, and general welfare of the citizens; to preserve the value of land throughout the city; to establish reasonable and accepted standards of design and procedures for development which prevent sediment damage; to prevent the pollution of streams, ponds, and other water courses of sediment; to minimize property damage by means of flooding and to preserve the natural beauty and aesthetics of the community. (1994 Code, ยง 14-301) 14-302. Rules applying to chapter. For the purpose of this chapter, certain rules of construction shall apply herein as follows: (1) Words used in the present tense shall include the future tense and the singular includes the plural, unless otherwise indicated in the text. (2) The term "shall" is always mandatory and not discretionary; the words "may" and "should" are permissive in nature.

(3) Except as herein provided, all words used in this chapter shall have their common dictionary definition. (1994 Code, ยง 14-302)

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14-303. Definitions. (1) "Board of adjustments and appeals. The body which has been delegated the authority by the Council of the City of La Vergne to hear appeals concerning decisions made by the city administrator or his designee as to the interpretation of the meaning of this code. (1) "Building permit." A general permit issued authorizing any owner, authorized agent, or contractor to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to perform any or to cause any such work to be done. (2) "Cut." Portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. (3) "Developer." The person, firm, partnership, or corporation authorized by the owner to carry out the development of the land. (4) "Development." The process of grading, clearing, filling, quarrying, construction, or reconstruction to improved or unimproved real estate or other similar activities when not excluded by exemptions from this chapter. (5) "Erosion." The wearing away of land by action of wind, water, or gravity. (6) "Erosion Prevention and sediment control (EPSC) plan." The plan required before a grading permit may be issued. The plan may be included as part of a preliminary plan required under another city ordinance or a separate plan following the specifications set out in this chapter. (7) "Excavation." See cut. (8) "Existing grade." The slope or elevation of existing ground surface prior to cutting or filling. (9) "Fill." Portion of land surface or area to which soil, rock or other materials have been or will be added; height above original ground surface after the material has been or will be added. (10) "Final grade." The final slope or elevation of the ground surface after cutting or filling. (11) "Final plan." The approved erosion and sediment control plan. This plan may differ from the erosion and sediment control plan if adjustments or amendments are required by the city. (13) "Grading" Any operation or occurrence by which the existing site elevations are changed by cutting, filling, borrowing, stock piling, or where any ground cover, natural or man-made, is removed, or any buildings or other structures are removed or any water course or body of water, either natural or manmade is relocated on any site, thereby creating an unprotected area. "Grading" shall be synonymous with "land disturbing activity." (14) Grading permit." A permit issued to authorize excavation and/or fill to be performed under the guidelines of this chapter.

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(12) "Inspector." The person designated by the city manager to issue grading permits and to carry out inspections of the permitted activities. (13) “Land Disturbance" Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. "Grading" shall be synonymous with "land disturbing activity." (14) “Land Disturbance Permit." A permit issued to authorize land disturbance to be performed under the guidelines of this chapter. (15) "Mulching." The application of plant or other suitable materials on the soil surface to conserve moisture, reduce erosion, and aid in establishing plant cover. (16) "Owner." The legal owner of the property as recorded in the Rutherford County Register of Deeds office at the time of application of the grading permit. The person ultimately responsible for adhering to the provisions of this chapter. (17) "Sediment." Rock, sand, gravel, silt, or other material deposited by action of wind, water, or gravity. (18) "Sediment basin, trap, barrier, or perimeter dike." A barrier or dam built across a waterway or water course, or at other locations to retain sediment. (19) "Soil stabilization." Measures which protect soil from erosion. (20) “Stormwater Appeals and Advisory Board." The body which has been delegated the authority by the Council of the City of La Vergne to hear appeals concerning decisions made by the city administrator or his designee as to the interpretation of the meaning of this code. (21) “Stormwater Pollution Prevention Plan (SWPPP)” A written plan that includes site map(s), an identification of construction/contractor activities that could cause pollutants in the stormwater, and a description of measures or practices to control these pollutants. (22) "Stripping." Any activity which removes or significantly disturbs the vegetative surface cover including clearing and grubbing operations. (23) "Use." Any purpose for which a building or other structure or a tract of land which may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation carried on, or intended to be carried on, in a building or other structure or tract of land. (1994 Code, § 14-303) 14-304. Grading permit required. Except as permitted in section 14-306, no individual, partnership, firm association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, county, city, or other political subdivision, cooperative, or any other legal entity shall engage in any land-disturbing activity within the corporate limits of the City of La Vergne which may result in soil erosion from water or wind and the movement of sediments, including, but not limited to, clearing grading, excavation,

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transporting, and filling unless a grading permit has first been obtained from the office of the city administrator or his designee. All development activities which require right-of-way cuts or excavation within the development site and shown on a site plan shall be subject to all applicable fees. Grading activities which involve no construction or right-of-way cuts shall be subject to the grading permit fee schedule only. All exceptions to the chapter, which are outlined in section 14-306, and which involve land disturbing activities will be required to use and maintain erosion control techniques and follow those requirements outlined in section 14-310. If unstable or eroding soil conditions exist during the construction of those structures exempted in section 14-306, then section 14-304 shall prevail. These general provisions of controlling erosion shall be adhered to prior to the issuance of a Certificate of Occupancy. (1994 Code, ยง 14-304) 14-305. Grading permit fees. If the total area of the property being graded is less than 1 acre, the grading permit fee shall be $50.00 (fifty dollars). If the total area of the property being graded is 1 acre of more, the grading permit fee shall be $100.00 (one hundred dollars). (1994 Code, ยง 14-305)

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14-306. Exceptions. Permits shall not be required for the following land disturbing activities: (1) Home gardens, home landscaping, or lawn preparations on existing lots or parcels unless the possibility for erosion or alteration of drainage is such to necessitate a grading permit. (2) Individual utility service connections. (3) Construction, installation, or maintenance of electric, telephone, and cable television lines and poles. (4) Installation, Maintenance and repair of any underground public utility line when such activity occurs on an existing right-of-way, and a cut or excavation permit has been obtained. (5) Tilling, planting, or harvesting of agricultural, horticultural, or forest crops, if following a plan approval by local soil conservation service. (6) Single lot site preparations for single family dwelling, two family attached dwellings, three family attached dwelling, or four family attached dwellings provided: (a) That the grading does not alter a previously approved erosion and sediment plan; (b) the lot is not part of a phased development relative to the provisions and regulations outlined in the site plan review ordinance; (c) that the building inspector shall have the authority to require standard soil erosion practices on site if deemed necessary. (7) Installation or maintenance of sub-surface sewage disposal fields. (1994 Code, ยง 14-306)

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14-307. Application and plan review. No grading land disturbance permit shall be issued until an erosion prevention and sediment control plan has been approved by the city administrator or his designee. All grading land disturbance permit applications for the disturbance of one acre or more shall include an approved Tennessee Department of Environment and Conservation "Division of Water Pollution Control Notice of Intent under the General Permit for Construction Storm Water." The erosion prevention and sediment control plan shall comply, at a minimum, with the requirements put forth in section 14-310 of this chapter. The city administrator or his designee may require additional information if deemed necessary. The complexity of the plan should be commensurate with the size of the project, severity of site conditions and potential for off-site damage. Each plan shall contain the name, address, and telephone number of the owner or developer of the property to be graded and a brief project description. In addition, a time schedule for completion and periodic maintenance after completion, calculations when needed, predevelopment and post development contours, details of erosion control practices, clearing and grading limits, daily cleanup and site control practices, and any other information needed to accurately depict solutions to development situations may be required. The city administrator or his designee may require that the erosion prevention and sediment control plan be developed by a qualified engineer, landscape architect, hydrologist, or other qualified personnel. The city administrator and/or his designee shall review the plans with the necessary staff and make a determination with respect to the sufficiency of the erosion sediment control plan within ten (10) working days from submittal of the plan. No notification to the developer or owner within the ten working days shall be deemed approval of the plan and the applicant will be eligible for a grading permit. If the plan is determined insufficient, the city administrator or his designee shall inform the developer or owner of deficiencies with the plan. After corrections and additions to the Erosion and Sediment Control Plan, the plan may be resubmitted to the city administrator for review. (1994 Code, ยง 14-307) 14-304. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases: (a) Land disturbing activity disturbs one (1) or more acres of land; (b) Land disturbing activity of less than one (1) acre of land if such activity is part of a larger common plan of development that affects one (1) or more acre of land;

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(c) Land disturbing activity of less than one (1) acre of land, if in the discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and (d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land disturbance permit on sites requiring a "Tennessee General Permit for Storm Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval: (i) The Notice of Intent (NOI) required by TDEC for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (ii) The Notice of Coverage (NOC) proving coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iii) The Storm Water Pollution Prevention Plan prepared for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading. (b) Application for a land disturbance permit on sites which pose a threat to water, public health, or safety, as determined by the

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city engineer or other appropriate authority, shall require the following be submitted for review and approval: (i) Name of applicant; (ii) Business or residence address of applicant; (iii) Name, address and telephone number of the owner of the property of record in the office of the assessor of property; (iv) Address and legal description of subject property including the tax reference number and parcel number of the subject property; (v) Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan; (vi) A statement indicating the nature, extent and purpose of the land disturbing activities including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity. (vii) Where the property includes a sinkhole, the applicant shall obtain from the Tennessee Department of Environment and Conservation appropriate permits. (viii) The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the City of La Vergne from imposing additional development requirements and conditions, commensurate with this ordinance, on the development of property covered by those permits. (ix) Additional information and calculations as deemed necessary by the city engineer. (3) Review and approval of land disturbance permit application. The city engineer will review each application for a land disturbance permit to determine its conformance with the provisions of this ordinance. The city engineer shall provide one of the following responses in writing: (a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or (i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed

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with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the denial. (d) No development plans will be released until the land disturbance permit has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction. (b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer. (1994 Code, ยง 14-604) 14-305. Land Disturbance permit fees. If the total area of the property being graded is less than 1 acre, the grading permit fee shall be $50.00 (fifty dollars). If the total area of the property being graded is 1 acre of more, the grading permit fee shall be $100.00 (one hundred dollars). (1994 Code, ยง 14-305)

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14-308 14-306. Inspection and enforcement. The requirements of this chapter shall be enforced by the city administrator or his designee who shall inspect all the work, grading land disturbance or construction involved. If the designee finds any person, firm, or entity engaged in land disturbing activities without having obtained a required grading land disturbance permit, he shall issue a stop order. In addition, if anyone is found conducting or to have conducted land disturbing activities in violation of this chapter or any approved plan the designee may require compliance or refuse to approve further work and/or issue a stop order pending a hearing before the board of adjustments and appeals. If the city administrator or his designee determines that significant erosion or related problems are occurring on a graded site despite approved protective practices, he shall require the permit holder to take additional corrective actions to protect the adversely affected area. The specifications of the additional measures shall be part of the amended erosion and sediment control plan. If it is determined that the permit holder has failed to comply with the approved plan, the inspector shall immediately serve upon the owner, developer, or contractor, a correction notice setting forth the measures needed to come into compliance and specifying a time for such compliance. Failure to comply within the time specified shall subject permitee to revocation of the permit, and he shall be deemed in violation of the chapter requirements and subject to the penalties provided therein. (1994 Code, ยง 14-306) Stormwater discharges coming from a permitted site with an objectionable color contrast to receiving waters could also be in violation to the Stormwater Management Ordinance Title 14 Chapter 6 of the Municipal Code.

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14-309. Bond requirement, fees. Prior to the issuing of a permit, the applicant may be required to provide a reasonable cash deposit, bond, certified check, or other acceptable form of security for the amount of work to be done pursuant to the approved plan. Within sixty (60) days of the completion and acceptance of all provisions of the approved plan, cash deposits, or other legal arrangements. or unexpected or unobligated funds, thereof, shall be refunded or terminated. The city board of mayor and alderman at its discretion may set fees for obtaining a grading permit. If a permit fee schedule is established it shall be done by resolution. (1994 Code, ยง 14-309)

14-310 14-307. General criteria. The following general criteria are minimum requirements for controlling erosion and sedimentation from landdisturbing activities and should be satisfied in each approved erosion-sediment control plan. No permit issued using the general criteria is intended to restrict the use of other innovative practices or modifications to the specified practices if such practices are thoroughly described and detailed and approved given as part of or a supplement to the approved plan prior to installation.

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(1) Stabilization of disturbed areas and soil stockpiles. Temporary soil stabilization must be applied to disturbed areas when and where deemed necessary for the purpose of good soil stabilization practices. Applicable soil stabilization practices include vegetative establishment, mulching, and the early application of gravel base on areas to be paved. Soil stabilization measures should be selected to be appropriate for the time of year, site conditions, and estimated duration of use. Soil stockpiles not stabilized by vegetation must be stabilized or protected with sediment trapping measures to prevent soil loss. (21) Establishment of permanent vegetation. A permanent vegetative cover shall be established on disturbed areas not otherwise permanently stabilized. Permanent vegetation shall not be considered established until a ground cover is achieved which, in the opinion of the city administrator or his designee, is mature enough to control soil erosion satisfactorily and to survive seasonal weather conditions. If it is determined by the city administrator that the vegetation will not with-stand seasonal weather conditions, the release of unobligated monies or bonds shall be determined by the Board of adjustments and appeals. (32) Protection of adjacent properties. Properties adjacent to the site of land disturbance shall be protected from sediment deposition. This may be accomplished by preserving a well vegetated buffer strip around the lower perimeter of the land disturbance, by installing perimeter controls such as sediment barriers, filters, or dikes, or sediment basins, or by a combination of such measures. Vegetated buffer strips may not be used alone only where runoff in sheet flow is expected. Buffer strips should be at lease twenty (20) feet width. If at any time it is found that a vegetated buffer strip alone is ineffective in stopping sediment movement onto adjacent property, additional perimeter controls must be provided. (4) Timing and stabilization of sediment trapping measures. Sediment basins and traps, perimeter dikes, sediment barriers, and other measures intended to trap sediment on-site must be constructed as a first step in grading and be made functional before upslope land disturbance takes place. Earthen structures such as dams, dikes, and diversions must be seeded and mulched within fifteen (15) days of installations. These measures must be maintained in good working order and must remain in place until such time as the city administrator or his designee deems the area to be stabilized. (5) Sediment basins. Storm water runoff from drainage areas with five (5) acres or grater disturbed area must pass through a SEDIMENT BASIN or other suitable sediment trapping facility with equivalent or grater storage capacity. Sediment basins or traps for smaller disturbed areas may be required where deemed necessary. The sediment basin requirement may also be waived if site conditions do not warrant its construction. (63) Cut and fill slopes. Cut and fill slopes must be designed and constructed in a manner which will minimize erosion. Consideration must be given to the length and steepness of the slope, the soil type, upslope drainage area,

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groundwater conditions, and other applicable factors. Slopes which are found to be eroding excessively within one (1) year of the construction must be provided with additional slope stabilizing measures until the problem is corrected. The following guidelines are provided to aid site planners and plan reviewers in developing an adequate design. (a) Topsoil for the area should be stockpiled and then used for replacement on the graded area. (b) Roughened soil surfaces are generally preferred to smooth surface on slopes. (c) Diversions should be constructed at the top of long steep slopes which have significant drainage areas above the slope. Diversions or terraces may also be used to reduce slope length. (d) Concentrated storm water should not be allowed to flow down or cut or fill slopes unless contained within an adequate temporary or permanent channel, flume, or slope drain structure. (e) Wherever a slope face crosses a water seepage plane which endangers the stability of the slope, adequate drainage or other protection should be provided. (74) Protection of storm sewer inlets. All storm sewer inlets which are made operable during construction shall be protected so that sediment-laden water is necessary, precautions must be taken to stabilize the work area during construction to minimize erosion. (5) Work in Stream Channel. The channel (including bed and banks) must always be restabilizing restabilized immediately after inchannel work is completed. Where a live (wet) water course must be crossed by construction vehicles regularly during construction, a TEMPORARY STREAM CROSSING must be provided, the design of which must be approved by the city administrator or his designee. (86) Underground utility construction. The construction of undergroundutility lines shall be subject to the following criteria: (a) No more than 500 feet of open trench will be allowed at one time. (b) Where consistent with safety and space considerations, excavated materials is to be placed on the uphill side of trenches. (c) Trench dewatering devices shall discharge in a manner which will not adversely affect flowing streams, drainage systems, or offsite property. (97) Construction access routes. Off-site vehicle tracking of sediments and the generation of dust shall be minimized. A stabilized construction access (a point of entrance/exit to a construction site) shall be described and implemented, as needed, to reduce the tracking of mud and dirt onto public roads by construction vehicles. The design of the construction access should at a minimum, shall be consistent with the requirements and

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recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. Wherever construction vehicles access routes intersect paved public roads, provisions must be made to minimize the transport of sediment (mud) by runoff or vehicles tracking onto paved surface by clearing the area at the entrance of all vegetation, roots, and other objectionable material and placing a gravel layer at least 6-inches thick for a minimum of fifty (50) feet from the edge of the hard surface public road. Where sediment is transported onto a public road surface, the roads shall be cleaned thoroughly at the end of each day or more often if deemed necessary. Sediment shall be removed from roads by shoveling or sweeping and be transported to a sediment-controlled disposal area. Street washing shall be allowed only after sediment is removed in this manner. (108) Disposition of temporary measures. All temporary erosion and sediment-control measures shall be disposed of within thirty (30) days after final site stabilization is achieved or after the temporary measures are no longer needed, unless otherwise authorized by the city manager or his designee. Trapped sediment and other disturbs soil areas resulting from the disposition of temporary measures shall be permanently stabilized to prevent further erosion and sediment. (119) Maintenance. All temporary and permanent erosion and sedimentcontrol practices shall be maintained and repaired as needed by property owners to assure continued performance of their intended function, as determined by the city administrator or his designee. (10) The construction-phase erosion prevention controls shall be designed to eliminate (or minimize if complete elimination is not possible) the dislodging and suspension of soil in water. Sediment controls shall be designed to retain mobilized sediment on site to the maximum extent practicable. (11) The design, inspection, and maintenance of Best Management Practices (BMPs) as described in the Stormwater Pollution Prevention Plan (SWPPP) must be prepared in accordance with good engineering practices and, at a minimum, shall be consistent with the requirements and recommendations contained in the current edition of the Tennessee Erosion and Sediment Control Handbook. In addition, all control measures must be properly selected, installed, and maintained in accordance with the manufacturerâ&#x20AC;&#x2122;s specifications (where applicable). All control measures control measures selected must be able to slow runoff so that rill and gully formation is prevented. (12) Off Site Sediment. If sediment escapes the permitted area, offsite accumulations of sediment that have not reached a stream must be removed at a frequency sufficient to minimize offsite impacts (e.g. fugitive sediment that has escaped the construction site and has collected in a street must be removed so that it is not subsequently washed into storm sewers and streams by the next rain and/or so that it does not pose a safety hazard to users of public streets). A Land Disturbance Permit does not

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authorize access to private property. Arrangements concerning removal of sediment on adjoining property must be settled by the permittee with the adjoining landowner. (13) Sediment Removal. Sediment should be removed from sediment traps, silt fences, sedimentation ponds, and other sediment controls as recommended in the Tennessee Erosion and Sediment Control Handbook, and must be removed when design capacity has been reduced by 50%. (14) Removal of Vegetation. Pre-construction vegetative ground cover shall not be destroyed, removed or disturbed more than 15 days prior to grading or earth moving unless the area is seeded and/or mulched or temporary cover is installed. Clearing and grubbing must be held to the minimum necessary for grading and equipment operation. Existing vegetation at the site should be preserved to the maximum extent practicable. (15) Construction Phasing. Construction phasing is required on all projects regardless of size as a major practice for minimizing erosion and limiting sedimentation. Construction must be phased to keep the total disturbed area less than 50 acres at any one time. Areas of the completed phase must be stabilized within 15 days. No more than 50 acres of active soil disturbance is allowed at any time during the construction project. This includes off-site borrow or disposal areas. The 50 acre limitation does not apply to linear construction projects (such as roadway, pipeline, and other infrastructure construction activities) if the following conditions are met: a) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance have distinct receiving waters; or b) Where contiguous disturbances amount to greater than 50 acres, but no one distinct water is receiving run off from more than 50 disturbed acres; or c) With the departmentâ&#x20AC;&#x2122;s written concurrence, where more than 50 acres of disturbance is to occur and where one receiving water will receive run-off from more than 50 acres; or d) Where no one area of active soil disturbance is greater than 50 acres and the various areas of disturbance are more than 5 miles apart. In order for a linear project to take advantage of the 50 acre rule exemption outlined in this paragraph, the contractor shall conduct monthly site assessments until the site is permanently stabilized. (16) Erosion prevention and sediment control measures must be in place and functional before earth moving operations begin, and must be constructed and maintained throughout the construction period. Temporary measures may be removed at the beginning of the workday, but must be replaced at the end of the workday.

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(17) Stabilization. Stabilization measures shall be initiated as soon as possible in portions of the site where construction activities have temporarily or permanently ceased. Temporary or permanent soil stabilization at the construction site (or a phase of the project) must be completed no later than 15 days after the construction activity in that portion of the site has temporarily or permanently ceased. In the following situations, temporary stabilization measures are not required: a) where the initiation of stabilization measures is precluded by snow cover or frozen ground conditions or adverse soggy ground conditions, stabilization measures shall be initiated as soon as practicable; or b) where construction activity on a portion of the site is temporarily ceased, and earth disturbing activities will be resumed within 15 days. Steep slopes shall be temporarily stabilized not later than 7 days after construction activity on the slope has temporarily or permanently ceased. Permanent stabilization with perennial vegetation (using native herbaceous and woody plants where practicable) or other permanently stable, non-eroding surface shall replace any temporary measures as soon as practicable. Unpacked gravel containing fines (silt and clay sized particles) or crusher runs will not be considered a non-eroding surface. (18) Design of Erosion and Sediment Control Measures. Erosion prevention and sediment control measures must be prepared in accordance with good engineering practices and the latest edition of the Tennessee Erosion and Sediment Control Handbook. In addition, erosion prevention and sediment controls shall be designed to minimize erosion and maximize sediment removal resulting from a 2-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. When clay and other fine particle soils are present at the construction site, chemical treatment may be used to minimize amount of sediment being discharged. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters shall be designed to minimize erosion and maximize sediment removal resulting from a 5-year, 24-hour storm, as a minimum, either from total rainfall in the designated period or the equivalent intensity as specified on the following website http://hdsc.nws.noaa.gov/hdsc/pfds/orb/tn_pfds.html. (19) Sediment Basin. For an on-site outfall which receives drainage from 10 or more acres, a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 2 year, 24 hour storm and runoff from each acre drained, or equivalent control measures

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as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. For construction sites discharging into a water body on the list of impaired waters or waters designated by TDEC as Exceptional Tennessee waters a minimum sediment basin volume that will provide treatment for a calculated volume of runoff from a 5 year, 24 hour storm and runoff from each acre drained, or equivalent control measures as specified in the Tennessee Erosion and Sediment Control Handbook, shall be provided until final stabilization of the site. A drainage area of 10 or more acres includes both disturbed and undisturbed portions of the site or areas adjacent to the site, all draining through the common outfall. (21) Settling Basins. Muddy water to be pumped from excavation and work areas must be held in settling basins or filtered or chemically treated prior to its discharge into surface waters. Water must be discharged through a pipe, well-grassed or lined channel or other equivalent means so that the discharge does not cause erosion and sedimentation. Discharged water must not cause an objectionable color contrast with the receiving stream.

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14-311 14-308. Adjustments. The city administrator may waive or modify any of the general criteria which are deemed inappropriate or too restrictive for site conditions, by granting an adjustment. Adjustments may be granted in writing under the following conditions: (1) At the time of plan submission, an applicant may request adjustments to become part of the approved Erosion and Sediment-Control Plan. The applicant must explain the reasons for requesting adjustments in writing. Specific adjustments which are allowed must be documented on the approved plan. (2) During construction, the applicant may request adjustments to the approved plan in writing. A response, in writing, approving or disapproving such request, should be given within five (5) working days. Without a written approval, no adjustment shall be considered valid. (1994 Code, ยง 14-311)

14-312 14-309. Final inspection. Upon completion of the work specified in the final plan, the applicant shall request a final inspection and approval. Final inspection will occur within five (5) days. If upon final inspection. the City administrator or his designee would determine that the final plan has been completed with, he shall sign the appropriate blank on the grading permit, approving compliance with the plan. If he should determine that there has not been compliance, he shall so notify the applicant and state his reason for so deciding. The applicant may then correct any deficiencies and then request a final inspection and approval; or submit a performance bond with narrative stating when the unfinished work will be completed. (1994 Code, ยง 14-312)

14-313 14-310. Appeals. Appeals by the applicant of the decisions or the interpretations of the meaning of this code by the administrative official shall be made to the Board of Adjustments and Appeals of the City of La Vergne. Pursuant to Tennessee Code Annotated, ยง 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Appeals and Advisory Board. Any person aggravated by a final decision of the board may seed review by a court competent jurisdiction. (1994 Code, ยง 14-313)

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14-314 14-311. Penalties. Any person, firm, corporation, or agent violating or failing to comply with any provision or requirement of this code, or who shall or has engaged in any land-disturbing activity in violation of a detailed plan or drawing submitted and approved under the provisions of this code, or who shall fail to obtain a permit and fully comply with the provisions of this Code shall be guilty of a misdemeanor punishable by a fine of not more than $50.00 for each separate offense, and each day's violation shall constitute a separate offense. (1994 Code, ยง 14-314) (1) Violations. Any person who shall commit any act declared unlawful under this ordinance, who violates any provision of this ordinance, who violates the provisions of any permit issued pursuant to this ordinance, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of La Vergne, shall be guilty of a civil offense. (2) Penalties. Under the authority provided in Tennessee Code Annotated ยง 68-221-1106, the City of La Vergne declares that any person violating the provisions of this ordinance may be assessed a civil penalty by the City of La Vergne of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. (3) Measuring civil penalties. In assessing a civil penalty, the City of La Vergne may consider: (a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this violation; (e) Any unusual or extraordinary enforcement costs incurred by the City of La Vergne; (f) The amount of penalty established by ordinance or resolution for specific categories of violations; and (g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment.

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(4) Recovery of damages and costs. In addition to the civil penalty in ยง 14-314(2), the City of La Vergne may recover: (a) All damages proximately caused by the violator to the City of La Vergne, which may include but not be limited to any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation including attorneys' fees. (b) The costs of the City of La Vergne's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this ordinance. (5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. (1994 Code, ยง 14-314)

Ordinance #2011-25 AN ORDINANCE TO AMEND TITLE 14, CHAPTER 6 OF THE LA VERGNE MUNICIPAL CODE REGARDING STORMWATER MANAGEMENT. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: Title 14, Chapter 6 of the La Vergne Municipal Code be amended to read as follows:

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SECTION I.

CHAPTER 6

STORMWATER MANAGEMENT

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SECTION 14-601. General provisions. 14-602. Definitions. 14-603. Stormwater system design and management objectives and standards. 14-604. Land disturbance permits. 14-605. Post construction. 14-606. Existing locations and developments. 14-607. Inspections. 14-608. Illicit discharges. 14-609. Enforcement. 14-610. Penalties. 14-611. Appeals. 14-612. Severability.

14-601. General provisions. (1) Title. This ordinance shall be known as the "Stormwater Management Ordinance" for the City of La Vergne, Tennessee. (2) Applicability and jurisdiction. The stormwater management ordinance shall govern all properties within the limits of the City of La Vergne, Tennessee. (3) Purpose. It is the purpose of this ordinance to: (a) Protect, maintain, and enhance the environment of the City of La Vergne and the public health, safety and the general welfare of the citizens of the city, by controlling discharges of pollutants to the stormwater system and to maintain and improve the quality of the receiving waters into which the stormwater outfalls flow, including, without limitation, lakes, rivers, streams, ponds, wetlands, and groundwater of the city. (b) Enable the City of La Vergne to comply with the National Pollution Discharge Elimination System permit (NPDES) and applicable regulations, 40 CFR ยง 122.26 for stormwater discharges. (c) Allow the City of La Vergne to exercise the powers granted in Tennessee Code Annotated, ยง 68-221-1105 or as amended by the State of Tennessee. (4) Authority. (a) The City of La Vergne shall have authority to implement and supplement this ordinance by reference to appropriate guidance or other related materials. In this regard, guidance or other related materials may be modified to meet Page 1 of 17

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the objectives and policies of this ordinance, so long as such modifications to guidance or other related materials are not contrary or beyond the intent of this ordinance. Guidance or other related materials shall not in any way endorse specific commercially available products. However, they may refer to performance specifications, class of devices, construction, or management practice. (b) The City of La Vergne shall have right-of-entry upon the property subject to this ordinance and any permit or document issued hereunder. The City of La Vergne shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this ordinance. (c) Where a property, site or facility has security measures in place that require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the City of La Vergne will be permitted to enter without delay for the purposes of performing specific responsibilities. (d) The City of La Vergne shall have the right to operate and maintain on the person's property such devices as are necessary to conduct sampling and metering of the person's stormwater operations or discharges. (e) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the City of La Vergne. The costs of clearing such access shall be borne by the person. (f) The City of La Vergne may reserve the right to determine and impose inspection schedules necessary to enforce the provisions of this ordinance. Inspections may include, but are not limited to, the following: (i) An initial inspection prior to land disturbance permit issuance approval; (ii) A bury inspection prior to burial of any underground drainage structure; (iii) Erosion prevention and sediment control inspections as necessary to ensure effective control of erosion and sedimentation; and (iv) A final inspection when all work, including installation of storm management facilities, has been completed. (v) Periodic inspections to ensure stormwater facilities are being maintained. (5) Duty to provide information. (a) The owner/operator shall furnish to the City of La Vergne any information that is requested to determine compliance with this ordinance or other information. (6) Jurisdiction. (a) The stormwater management ordinance shall govern all properties within the corporate limits of the City of La Vergne, Tennessee. (7) Exemptions. The following activities are exempt from the provisions of this article and requirements of providing Stormwater management: (a) Agricultural land management activities; (b) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; and (c) Developments that do not disturb more than one (1) acre of land. This exception may not be applied for contiguous properties that may have been subdivided and/or are attributed to multiple separate owners. This exemption does not Page 2 of 17

apply to any discharge of sediment or other form of water pollution that may leave a small site, or if in the discretion of the City of La Vergne, the land disturbance activity poses a threat to water, public health, or safety. (8) Savings provision. This ordinance shall not be construed as altering, modifying, vacating or nullifying any action now impending or any rights of obligations obtained by any person, firm or corporation through approval of a preliminary plat by the City of La Vergne Planning Commission or through the approval of any land disturbance permit or any other lawful action of the city prior to the adoption of this ordinance.

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14-602. Definitions. For the purpose of this ordinance, the following definitions shall apply: Words used in the singular shall include the plural, and the plural shall include the singular; words used in the present tense shall include the future tense. The word "shall" is mandatory and not discretionary. The word "may" is permissive. Words not defined in this section shall be construed to have the meaning given by common and ordinary use. (1) "Agricultural land management activities." The practice of cultivating the soil, producing crops, and raising livestock for the preparation and marketing of the resulting products. (2) "As built plans." Drawings depicting conditions as they were actually constructed. (3) "Best management practices (BMPs)." Physical, structural, and/or managerial practices that, when used singly or in combination, prevent or reduce pollution of water, that have been approved by the City of La Vergne, and that have been incorporated by reference into this ordinance as if fully set out therein. (4) "Channel." A natural or artificial watercourse with a definite bed and banks that conducts flowing water continuously or periodically. (5) "Community water." Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wetlands, wells and other bodies of surface or subsurface water, natural or artificial, lying within or forming a part of the boundaries of the City of La Vergne, Tennessee. (6) "Contaminant." Any physical, chemical, biological, or radiological substance or matter in water. (7) "Design storm event." A hypothetical storm event, of a given frequency interval and duration, used in the analysis and design of a stormwater facility. (8) "Discharge." Dispose, deposit, spill, pour, inject, seep, dump, leak or place by any means, or that which is disposed, deposited, spilled, poured, injected, seeped, dumped, leaked, or placed by any means including any direct or indirect entry of any solid or liquid matter into the municipal separate storm sewer system. (9) "Easement." An acquired privilege or right of use or enjoyment that a person, party, firm, corporation, City of La Vergne or other legal entity has in the land of another. (10) "Engineer." An engineer duly registered, licensed or otherwise authorized by the State of Tennessee to practice in the field of civil engineering. (11) "Erosion." The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects. (12) "Erosion and sediment control plan." A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

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(13) "Illicit connections." Illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system. (14) "Illicit discharge." Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under ยง 14-608. (15) "Land disturbing activity." Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. (16) "Maintenance." Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility. (17) "Maintenance agreement." A document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. (18) "Municipal separate storm sewer system (MS4)." The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, manmade channels, and storm drains. (19) "National Pollutant Discharge Elimination System permit (NPDES permit)." A permit issued pursuant to 33 U.S.C. 1342. (20) "Off-site facility." A structural BMP located outside the subject property boundary described in the permit application for land development activity. (21) "On-site facility." A structural BMP located within the subject property boundary described in the permit application for land development activity. (22) "Peak flow." The maximum instantaneous rate of flow of water at a particular point resulting from a storm event. (23) "Person." Any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country. (24) "Priority area." An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. (25) "Runoff." That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system. (26) "Sediment." Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level. (27) "Sedimentation." Soil particles suspended in stormwater that can settle in stream beds and disrupt the natural flow of the stream. (28) "Soils report." A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees. (29) "Stabilization." Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring. Page 4 of 17

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(30) "Stormwater." Stormwater runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage. (31) "Stormwater management." The programs to maintain quality and quantity of stormwater runoff to pre-development levels. (32) "Stormwater management facilities." The drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of. (33) "Stormwater management plan." The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre-development levels. (34) "Stormwater runoff'." Flow on the surface of the ground, resulting from precipitation. (35) "Structural BMPs." Devices that are constructed to provide control of stormwater runoff. (36) "Surface water." Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs. (37) "Top of bank." The uppermost limit of the active channel of a stream during "bank full" conditions, usually marked by a break in slope. (38) "Watercourse." A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. (39) "Watershed." All the land area that contributes runoff to a particular point along a waterway.

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(k) To encourage preservation of floodplains, floodways and open spaces to protect and benefit the community's quality of life and natural resources. (l) To encourage community stewardship of the City of La Vergne's water resources and their impacts on the community character and quality of life. (2) Stormwater Best Management Practices. To implement the objectives of this ordinance, the City of La Vergne adopts as its stormwater design and best management practices (BMP) manual the following publications, which are incorporated by reference in this ordinance as is fully set out herein: (a) The Tennessee Department of Environment and Conservation (TDEC) Erosion and Sediment Control Manual. (b) Tennessee Guide to the Selection and Design of Stormwater Best Management Practices (BMPs). These manuals include a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each stormwater practice. The manual may be updated and expanded at the discretion of the City of La Vergne, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards. (3) Stormwater quality. To implement the objectives of this ordinance, the following general stormwater quality policy statements shall apply: (a) There shall be no distinctly visible floating scum, oil or other matter contained in the stormwater discharge. (b) The stormwater discharge must not cause an objectionable color contrast in the receiving stream. (c) Development will be required to minimize the impact to stormwater quality by applying structural and/or nonstructural management practices selected to address site-specific conditions. The goal for water quality treatment shall be 80% removal of total suspended solids from the first flush, defined by land use characteristics or at least 0.5-inches where not defined. (d) Re-development activities will be required to follow stormwater quality requirements. (e) No land disturbance activities, whether by private or public action, shall be performed in a manner that will negatively impact stormwater quality whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity. Acceleration of erosion or sedimentation, or transport of other pollutants or forms of pollution, due to various land development activities must be controlled. (4) Stormwater quantity. To implement the objectives of this ordinance, the following general stormwater quantity policy statements shall apply: (a) New development shall meet a stormwater quantity level of service defined by: (i) Designing road catch basins and connecting culverts to convey the 10-year, 24-hour design storm runoff. (ii) Designing bridges, culverts, channels and crossdrains to pass the 25-year, 24-hour design storm runoff. Calculations shall also be provided for the 100-year, 24-hour design storm. (b) Stormwater infrastructure shall be designed in a way that: (i) Critical service roads are not inundated by more than three inches of water over one-half the roadway width under a 100-year, 24-hour design storm event. Page 6 of 17

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(ii) Other new roads shall be designed to have no more than 6-inches of road overtopping at the 25-year, 24-hour design storm event. (c) Re-development activities will be required to follow stormwater quantity requirements. (d) No land disturbance activities, whether by private or public action, shall be performed in a manner that will negatively impact stormwater quantity whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity. (e) All site designs shall control the post-development peak flow rates of stormwater discharge associated with 2-, 10-, 25-, 50-, and 100-year, 24-hour design storms to the pre-development peak flow rates. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. (f) Hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the 2-, 10-, 25-, 50- and 100-year, 24-hour design storms shall be provided to the City of La Vergne. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this ordinance. (g) If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City of La Vergne may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff. (h) To protect stream channels from degradation, specific channel protection criteria shall be provided. (i) At the discretion of the City of La Vergne, stormwater discharges may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices. (j) Prior to or during the site design process, applicants for land disturbance permits shall consult with the City of La Vergne to determine if they are subject to additional stormwater design requirements. (1994 Code, ยง 14-603)

14-604. Land disturbance permits. No building permit shall be issued until the applicant has obtained a land disturbance permit where the same is required by this ordinance. (1) Land disturbance permit applicability. Every person will be required to obtain a land disturbance permit from the city engineer in the following cases: (a) Land disturbing activity disturbs one (1) or more acres of land; (b) Land disturbing activity of less than one (1) acre of land if such activity is part of a larger common plan of development that affects one (1) or more acre of land; (c) Land disturbing activity of less than one (1) acre of land, if in the discretion of the city engineer or other appropriate authority, such activity poses a threat to water, public health, or safety; and (d) The creation and use of borrow pits. (2) Land disturbance permit application. (a) Application for a land disturbance permit on sites requiring a "Tennessee General Permit for Storm Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval: Page 7 of 17

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(i) The Notice of Intent (NOI) required by TDEC for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (ii) The Notice of Coverage (NOC) proving coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iii) The Storm Water Pollution Prevention Plan prepared for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading. (b) Application for a land disturbance permit on sites which pose a threat to water, public health, or safety, as determined by the city engineer or other appropriate authority, shall require the following be submitted for review and approval: (i) Name of applicant; (ii) Business or residence address of applicant; (iii) Name, address and telephone number of the owner of the property of record in the office of the assessor of property; (iv) Address and legal description of subject property including the tax reference number and parcel number of the subject property; (v) Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan; (vi) A statement indicating the nature, extent and purpose of the land disturbing activities including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity. (vii) Where the property includes a sinkhole, the applicant shall obtain from the Tennessee Department of Environment and Conservation appropriate permits. (viii) The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the City of La Vergne from imposing additional development requirements and Page 8 of 17

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conditions, commensurate with this ordinance, on the development of property covered by those permits. (ix) Additional information and calculations as deemed necessary by the city engineer. (3) Review and approval of land disturbance permit application. The city engineer will review each application for a land disturbance permit to determine its conformance with the provisions of this ordinance. The city engineer shall provide one of the following responses in writing: (a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or (i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the denial. (d) No development plans will be released until the land disturbance permit has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction. (b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer. 14-605. Post construction. (1) As built plans. All applicants are required to submit as built plans for any stormwater management structures located on-site after final construction is completed. The plan must show the final design specifications for all stormwater Page 9 of 17

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management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. (2) Landscaping and stabilization requirements. (a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the city engineer. The following criteria shall apply to revegetation efforts: (i) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area. (ii) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion. (iii) Any area of revegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved. (3) Stormwater system long-term operation and maintenance. (a) The maintenance responsibilities for permanent stormwater runoff control facilities shall be the responsibility of the owner. (b) An engineer shall provide a stormwater infrastructure longterm operation and maintenance plan with an opinion of probable costs and schedule, subject to approval by the city engineer. The long term operation and maintenance plan shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the city engineer, contain a provision permitting inspection at any reasonable time by the city engineer or his designee of the facilities deemed critical to the public welfare. (c) The City of La Vergne will have the authority to maintain facilities not properly maintained and to recover costs associated with the maintenance from the owner. (d) Upon approval of the stormwater management facilities by the city engineer, the facility owner shall demonstrate the ability to garner and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the City of La Vergne. The city will only approve funding mechanism(s) for long-term maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity. (e) If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this ordinance, the City of La Vergne, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City of La Vergne shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have ten (10) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City of La Vergne may take Page 10 of 17

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necessary corrective action. The cost of any action by the City of La Vergne under this section shall be charged to the responsible party. (4) Waterway buffer policy. (a) A waterway buffer shall be defined as a strip of undisturbed vegetation, either original or re-established, that borders streams and rivers, ponds, and lakes, wetlands, and springs. (b) A waterway buffer shall be applied along all intermittent and perennial waterways as determined by the City of La Vergne (stormwater appeals and advisory board) or state. Waterway determination shall be conducted at the concept stage. (c) The waterway buffer shall be defined as the area contained within a boundary established sixty (60) feet perpendicular beyond the top of bank on each side of the waterway. (d) Waterways buffer variances: (i) The stormwater appeals and advisory board may grant variances for the following: (A) Those projects or activities where it can be clearly demonstrated that unique circumstances make it impracticable to meet some or all of the buffer requirements; or (B) Those projects or activities serving a public need where no feasible alternative is available; or (C) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with this chapter. (D) The construction, repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed. (ii) When considering a request for a variance, the stormwater appeals and advisory board may require additional information such as, but not limited to, site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, and wetlands. (iii) When deemed appropriate by the stormwater appeals and advisory board, the water quality buffer zone width may be relaxed and permitted to become narrower as long as the width is not reduced to less than the minimum width required under applicable law, rules and regulations adopted by the State of Tennessee with regard to the same, but in no event shall it be less than twenty-five (25) feet perpendicular to the top of bank. (e) Waterway buffers shall be recorded on the plat. (f) Site development plans and plats prepared for recording shall: (i) Define the boundaries of a waterway buffer on the subject property and be labeled as "waterway buffer." (ii) Provide a note stating: "There shall be no clearing, grading construction or disturbance of vegetation in the waterway buffer except as permitted by the City of La Vergne." (iii) Provide a note to reference any protective covenants governing waterway buffers stating: "waterway buffers shown hereon are subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas." (g) Waterway buffers shall be protected during development activities. The waterway buffers shall be clearly marked during construction activities. Page 11 of 17

(h) Minor landscaping shall be allowed within the waterway buffer to repair erosion, damaged vegetation, or provide other maintenance. Landscaping or stabilization activities must have prior approval by the engineering department. (i) Loss of floodplain storage due to activities within the waterway buffer is not permitted. Provided erosion prevention and sediment control, and water quality policies are adequately addressed, the following activities in the waterway buffer may be permitted with prior approval by the engineering department: (i) Roads and utilities crossing waterways. (ii) Pedestrian trails and walkways proximate to waterways. (iii) Water quality devices.

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14-606. Existing locations and developments. (1) Requirements for existing locations and developments. The following requirements shall apply to all locations and development at which land disturbing activities have occurred previous to the enactment of this ordinance: (a) Denuded areas shall be vegetated or covered using guidelines specified in the BMP manual and on a schedule acceptable to the city engineer. (b) Trash, junk, rubbish, etc. shall be cleared from drainage ways. (c) Stormwater runoff shall be controlled to the extent reasonable to prevent pollution of local waters. Such control measures may include, but are not limited to, the following: (i) Ponds (ii) Constructed wetlands (iii) Infiltration systems (iv) Filtering systems (v) Open channel (2) Requirements for existing problem locations. The city engineer shall in writing notify the owners of existing locations and developments of specific drainage, erosion or sediment problem affecting such locations and developments, and the specific actions required to correct those problems. The notice shall also specify a reasonable time for compliance. (3) Inspection of existing facilities. The City of La Vergne may, to the extent authorized by state and federal law, establish inspection programs to verify that all stormwater management facilities, including those built before the adoption of this ordinance, are functioning within design limits. These inspection programs may be established on any reasonable basis, including but not limited to: routine inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs. 14-607. Inspections. Inspections shall be performed to ensure that vegetation, erosion and sediment control measures and other protective measures identified in the site plan are kept in good and effective operating condition. (1) Inspection requirements. (a) Inspections required by TDEC. Page 12 of 17

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(b) Submission of inspection documentation upon request by the city engineer. (c) Pre-construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans. (d) Construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans, prior to granting building permit on sites requiring a land disturbance permit. (e) Post construction BMPs must be inspected and certified that the BMPs are in accordance with the approved plans prior to release of surety. (2) City of La Vergne inspections. City inspections may include, but are not limited to, the following: (a) An initial inspection prior to issuance of a land disturbance permit; (b) A bury inspection prior to burial of any underground drainage structure; (c) Erosion prevention and sediment control inspections as necessary to ensure effective control of erosion and sedimentation; (d) A final inspection when all work, including installation of storm management facilities, has been completed; and (e) Periodic inspections to ensure storm water facilities are being maintained.

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14-608. Illicit discharges. (1) Prohibition of illicit discharges. (a) Pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) program administered by the Tennessee Department of Environment and Conservation (TDEC) illicit discharges to the MS4 are being defined as illegal. This is accomplished by identifying allowable non-stormwater discharges into the MS4 in the best interest of the City of La Vergne, Tennessee. (b) Non-stormwater discharge means any discharge to the Municipal Separate Storm Sewer System except as permitted by 0. (c) Except as hereinafter provided, all non-stormwater discharges into the Municipal Separate Storm Sewer System are prohibited and declared to be unlawful. (2) Allowable stormwater discharges. (a) Unless the City of La Vergne, TDEC, EPA or other regulatory agency has identified them as a source of pollutants to the "Waters of the State of Tennessee," the following nonstormwater discharges into the Municipal Separate Storm Sewer System are lawful: (i) Water line flushing or other potable water sources, (ii) Landscape irrigation or lawn watering with potable water, (iii) Diverted stream flows, (iv) Rising ground water, (v) Groundwater infiltration to storm drains, (vi) Pumped groundwater, (vii) Foundation or footing drains, (viii) Crawl space pumps, (ix) Air conditioning condensation, (x) Springs, (xi) Non-commercial washing of vehicles, (xii) Natural riparian habitat or wet-land flows, (xiii) Swimming pools (if dechlorinated), (xiv) Fire fighting activities, Page 13 of 17

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(xv) Discharges specified in writing by the City of La Vergne as being necessary to protect public health and safety, and (xvi) Dye testing is an allowable discharge if the City of La Vergne has so specified in writing. (3) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the city engineer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city engineer within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an onsite written record of the discharge and the actions taken to prevent its recurrence.

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14-609. Enforcement. (1) Enforcement authority. The city engineer or his designee shall have the authority to issue notices of violation and citations, and to impose the civil penalties provided in this section. (2) Notification of violation. (a) Written notice. Whenever the city engineer or other appropriate city official finds that any permittee or any other person discharging stormwater has violated or is violating this ordinance or a permit or order issued hereunder, the city engineer or his designee may serve upon such person written notice of the violation. Within ten (10) days of this notice, an explanation of the violation and a plan for the satisfactory correction and prevention thereof, to include specific required actions, shall be submitted to the city engineer. Submission of this plan in no way relieves the discharger of liability for any violations occurring before or after receipt of the notice of violation. (b) Consent orders. The City of La Vergne is empowered to enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the person responsible for the noncompliance. Such orders will include specific action to be taken by the person to correct the noncompliance within a time period also specified by the order. Consent orders shall have the same force and effect as administrative orders issued pursuant to paragraphs (d) and (e) below. (c) Show cause hearing. The City of La Vergne may order any person who violates this ordinance or permit or order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. (d) Compliance order. When the city engineer or his designee finds that any person has violated or continues to violate this ordinance or a permit or order issued hereunder, the city engineer or his designee may issue an order to the violator Page 14 of 17

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directing that, following a specific time period, adequate structures, devices, be installed or procedures implemented and properly operated. Orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the construction of appropriate structures, installation of devices, self-monitoring, and management practices. (e) Cease and desist orders. When the city engineer or his designee finds that any person has violated or continues to violate this ordinance or any permit or order issued hereunder, the city engineer or his designee may issue an order to cease and desist all such violations and direct those persons in noncompliance to: (i) Comply forthwith; or (ii) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (iii) Conflicting standards. Whenever there is a conflict between any standard contained in this ordinance and in the BMP manual adopted by the City of La Vergne under this ordinance, the strictest standard shall prevail.

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14-610. Penalties. (1) Violations. Any person who shall commit any act declared unlawful under this ordinance, who violates any provision of this ordinance, who violates the provisions of any permit issued pursuant to this ordinance, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of La Vergne, shall be guilty of a civil offense. (2) Penalties. Under the authority provided in Tennessee Code Annotated ยง 68221-1106, the City of La Vergne declares that any person violating the provisions of this ordinance may be assessed a civil penalty by the City of La Vergne of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. (3) Measuring civil penalties. In assessing a civil penalty, the City of La Vergne may consider: (a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this violation; (e) Any unusual or extraordinary enforcement costs incurred by the City of La Vergne; (f) The amount of penalty established by ordinance or resolution for specific categories of violations; and (g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment. (4) Recovery of damages and costs. In addition to the civil penalty in ยง 14-610(2), the City of La Vergne may recover: (a) All damages proximately caused by the violator to the City of La Vergne, which may include but not be limited to any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation including attorneys' fees. (b) The costs of the City of La Vergne's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this ordinance. Page 15 of 17

(5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted.

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14-611. Appeals. Pursuant to Tennessee Code Annotated, ยง 68-221-1106(d), any person aggrieved by the imposition of a civil penalty, decision or damage assessment as provided by this ordinance may appeal said penalty, decision or damage assessment to the City of La Vergne's Stormwater Administrative Board. (1) Appeals to be in writing. The appeal shall be in writing and filed with the City of La Vergne clerk within fifteen (15) days after the civil penalty and/or damage assessment is served in any manner authorized by law. (2) Public hearing. Upon receipt of an appeal, the City of La Vergne's Stormwater Administrative Board shall hold a public hearing within thirty (30) days. Ten (10) days prior notice of the time, date, and location of said hearing shall be published in a daily newspaper of general circulation. Ten (10) days notice by registered mail shall also be provided to the aggrieved party, such notice to be sent to the address provided by the aggrieved party at the time of appeal. The decision of the City of La Vergne's Stormwater Administrative Board shall be final. (3) Appealing decisions of the City of La Vergne. Any alleged violator may appeal a decision of the City of La Vergne's Stormwater Administrative Board pursuant to the provisions of Tennessee Code Annotated, title 27, chapter 8.

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14-612. Severability. Should any article, section, subsection, clause or provision of this Comprehensive Stormwater Management Ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part declared to be unconstitutional or invalid, each article, section clause and provision being declared severable. If any provisions of this ordinance and any other provisions of law impose overlapping or contradictory regulations, or contain any restrictions covering any of the same subject matter, that provision which is more restrictive or imposes higher standards or requirements shall govern.

SECTION II.

SECTION III.

That this Ordinance take effect forthwith upon its final passage, the public welfare requiring it.

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LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

ATTEST:

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_____________________________________ Bruce E. Richardson, City Recorder

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Published in the Daily News Journal on ________________________.

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Request:

City of La Vergne

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Stormwater Appeals and Advisory Board Meeting: August 18, 2011

Revisions to the Title 14 Chapters 3 “Grading, Soil Erosion, and Sedimentation Control” and 6 “Stormwater Management of the Municipal Code”

Proposed by:

Katie Kline, Stormwater Project Engineer

Revisions to the Ordinance 1. The two chapters of the municipal code had conflicting language that has now been corrected.

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3. Added Requirements needed for a Land Disturbance Permit to both chapters.

CHAPTER 6 STORMWATER MANAGEMENT

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(b) The City of La Vergne shall have right-of-entry upon the property subject to this ordinance and any permit or document issued hereunder. The City of La Vergne shall be provided ready access to all parts of the premises for the purposes of inspection, monitoring, sampling, inventory, records examination and copying, and the performance of any other duties necessary to determine compliance with this ordinance. (c) Where a property, site or facility has security measures in place that require proper identification and clearance before entry into its premises, the person shall make necessary arrangements with its security personnel so that, upon presentation of suitable identification, the City of La Vergne will be permitted to enter without delay for the purposes of performing specific responsibilities. (d) The City of La Vergne shall have the right to operate and maintain on the person's property such devices as are necessary to conduct sampling and metering of the person's stormwater operations or discharges. (e) Any temporary or permanent obstruction to safe and easy access to the areas to be inspected and/or monitored shall be removed promptly by the person at the written or verbal request of the City of La Vergne. The costs of clearing such access shall be borne by the person. (f) The City of La Vergne may reserve the right to determine and impose inspection schedules necessary to enforce the provisions of this ordinance. Inspections may include, but are not limited to, the following: (i) An initial inspection prior to land disturbance permit issuance approval; (ii) A bury inspection prior to burial of any underground drainage structure; (iii) Erosion prevention and sediment control inspections as necessary to ensure effective control of erosion and sedimentation; and (iv) A final inspection when all work, including installation of storm management facilities, has been completed. (v) Periodic inspections to ensure stormwater facilities are being maintained. (5) Duty to provide information. (a) The owner/operator shall furnish to the City of La Vergne any information that is requested to determine compliance with this ordinance or other information. (6) Jurisdiction. (a) The stormwater management ordinance shall govern all properties within the corporate limits of the City of La Vergne, Tennessee. (7) Exemptions. The following activities are exempt from the provisions of this article and requirements of providing Stormwater management: (a) Agricultural land management activities; (b) Any emergency activity that is immediately necessary for the protection of life, property, or natural resources; and (c) Developments that do not disturb more than one (1) acre of land. This exception may not be applied for contiguous properties that may have

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been subdivided and/or are attributed to multiple separate owners. This exemption does not apply to any discharge of sediment or other form of water pollution that may leave a small site, or if in the discretion of the City of La Vergne, the land disturbance activity poses a threat to water, public health, or safety. (8) Savings provision. This ordinance shall not be construed as altering, modifying, vacating or nullifying any action now impending or any rights of obligations obtained by any person, firm or corporation through approval of a preliminary plat by the City of La Vergne Planning Commission or through the approval of any land disturbance permit or any other lawful action of the city prior to the adoption of this ordinance. (1994 Code, ยง 14-601)

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(10) "Engineer." An engineer duly registered, licensed or otherwise authorized by the State of Tennessee to practice in the field of civil engineering. (11) "Erosion." The removal of soil particles by the action of water, wind, ice or other geological agents, whether naturally occurring or acting in conjunction with or promoted by anthropogenic activities or effects. (12) "Erosion and sediment control plan." A written plan (including drawings or other graphic representations) that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities. (13) "Illicit connections." Illegal and/or unauthorized connections to the municipal separate stormwater system whether or not such connections result in discharges into that system. (14) "Illicit discharge." Any discharge to the municipal separate storm sewer system that is not composed entirely of stormwater and not specifically exempted under ยง 14-608. (15) "Land disturbing activity." Any activity on property that results in a change in the existing soil cover (both vegetative and non-vegetative) and/or the existing soil topography. Land-disturbing activities include, but are not limited to, development, re-development, demolition, construction, reconstruction, clearing, grading, filling, and excavation. (16) "Maintenance." Any activity that is necessary to keep a stormwater facility in good working order so as to function as designed. Maintenance shall include complete reconstruction of a stormwater facility if reconstruction is needed in order to restore the facility to its original operational design parameters. Maintenance shall also include the correction of any problem on the site property that may directly impair the functions of the stormwater facility. (17) "Maintenance agreement." A document recorded in the land records that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. (18) "Municipal separate storm sewer system (MS4)." The conveyances owned or operated by the municipality for the collection and transportation of stormwater, including the roads and streets and their drainage systems, catch basins, curbs, gutters, ditches, man-made channels, and storm drains. (19) "National Pollutant Discharge Elimination System permit (NPDES permit)." A permit issued pursuant to 33 U.S.C. 1342. (20) "Off-site facility." A structural BMP located outside the subject property boundary described in the permit application for land development activity. (21) "On-site facility." A structural BMP located within the subject property boundary described in the permit application for land development activity. (22) "Peak flow." The maximum instantaneous rate of flow of water at a particular point resulting from a storm event. (23) "Person." Any and all persons, natural or artificial, including any individual, firm or association and any municipal or private corporation organized or existing under the laws of this or any other state or country.

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(24) "Priority area." An area where land use or activities generate highly contaminated runoff, with concentrations of pollutants in excess of those typically found in stormwater. (25) "Runoff." That portion of the precipitation on a drainage area that is discharged from the area into the municipal separate stormwater system. (26) "Sediment." Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water, gravity, or ice and has come to rest on the earth's surface either above or below sea level. (27) "Sedimentation." Soil particles suspended in stormwater that can settle in stream beds and disrupt the natural flow of the stream. (28) "Soils report." A study of soils on a subject property with the primary purpose of characterizing and describing the soils. The soils report shall be prepared by a qualified soils engineer, who shall be directly involved in the soil characterization either by performing the investigation or by directly supervising employees. (29) "Stabilization." Providing adequate measures, vegetative and/or structural, that will prevent erosion from occurring. (30) "Stormwater." Stormwater runoff, snow melt runoff, surface runoff, street wash waters related to street cleaning or maintenance, infiltration and drainage. (31) "Stormwater management." The programs to maintain quality and quantity of stormwater runoff to pre-development levels. (32) "Stormwater management facilities." The drainage structures, conduits, ditches, combined sewers, sewers, and all device appurtenances by means of which stormwater is collected, transported, pumped, treated or disposed of. (33) "Stormwater management plan." The set of drawings and other documents that comprise all the information and specifications for the programs, drainage systems, structures, BMPs, concepts and techniques intended to maintain or restore quality and quantity of stormwater runoff to pre-development levels. (34) "Stormwater runoff'." Flow on the surface of the ground, resulting from precipitation. (35) "Structural BMPs." Devices that are constructed to provide control of stormwater runoff. (36) "Surface water." Includes waters upon the surface of the earth in bounds created naturally or artificially including, but not limited to, streams, other water courses, lakes and reservoirs. (37) "Top of bank." The uppermost limit of the active channel of a stream during "bank full" conditions, usually marked by a break in slope. (38) "Watercourse." A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water. (39) "Watershed." All the land area that contributes runoff to a particular point along a waterway. (1994 Code, ยง 14-602, as amended by Ord. #2007-18, June 2007)

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14-603. Stormwater system design and management objectives and standards. (1) Objectives. The objectives of this ordinance are: (a) To protect human life and health. (b) To minimize the need for rescue and relief efforts associated with flooding. (c) To eliminate any non-allowable discharges to the City of La Vergne's Municipal Separate Storm Sewer System that impact water quality. (d) To help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to maximize beneficial use without increasing flood hazard potential or diminishing the quality of the natural stormwater resources. (e) To ensure that potential homebuyers are notified that property is in a flood area and generally increase the public awareness of flooding potential. (f) To minimize prolonged business interruptions. (g) To minimize damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in flood plains. (h) To ensure a functional public and private stormwater quantity and quality management system that will not result in excessive maintenance costs. (i) To encourage the use of natural and aesthetically pleasing design that maximizes preservation of natural areas. (j) To guide the construction of stormwater management facilities by developing comprehensive master plans to address stormwater quantity and quality. (k) To encourage preservation of floodplains, floodways and open spaces to protect and benefit the community's quality of life and natural resources. (l) To encourage community stewardship of the City of La Vergne's water resources and their impacts on the community character and quality of life. (2) Stormwater Best Management Practices. To implement the objectives of this ordinance, the City of La Vergne adopts as its stormwater design and best management practices (BMP) manual the following publications, which are incorporated by reference in this ordinance as is fully set out herein: (a) The Tennessee Department of Environment and Conservation (TDEC) Erosion and Sediment Control Manual. (b) Tennessee Guide to the Selection and Design of Stormwater Best Management Practices (BMPs). These manuals include a list of acceptable BMPs including the specific design performance criteria and operation and maintenance requirements for each stormwater practice. The manual may be updated and expanded at the discretion of the City of La

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Vergne, based on improvements in engineering, science, monitoring and local maintenance experience. Stormwater facilities that are designed, constructed and maintained in accordance with these BMP criteria will be presumed to meet the minimum water quality performance standards. (3) Stormwater quality. To implement the objectives of this ordinance, the following general stormwater quality policy statements shall apply: (a) There shall be no distinctly visible floating scum, oil or other matter contained in the stormwater discharge. (b) The stormwater discharge must not cause an objectionable color contrast in the receiving stream. (c) Development will be required to minimize the impact to stormwater quality by applying structural and/or nonstructural management practices selected to address site-specific conditions. The goal for water quality treatment shall be 80% removal of total suspended solids from the first flush, defined by land use characteristics or at least 0.5-inches where not defined. (d) Re-development activities will be required to follow stormwater quality requirements. (e) No land disturbance activities, whether by private or public action, shall be performed in a manner that will negatively impact stormwater quality whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity. Acceleration of erosion or sedimentation, or transport of other pollutants or forms of pollution, due to various land development activities must be controlled. (4) Stormwater quantity. To implement the objectives of this ordinance, the following general stormwater quantity policy statements shall apply: (a) New development shall meet a stormwater quantity level of service defined by: (i) Designing road catch basins and connecting culverts to convey the 10-year, 24-hour design storm runoff. (ii) Designing bridges, culverts, channels and crossdrains to pass the 25-year, 24-hour design storm runoff. Calculations shall also be provided for the 100-year, 24-hour design storm. (b) Stormwater infrastructure shall be designed in a way that: (i) Critical service roads are not inundated by more than three inches of water over one-half the roadway width under a 100year, 24-hour design storm event. (ii) Other new roads shall be designed to have no more than 6-inches of road overtopping at the 25-year, 24-hour design storm event. (c) Re-development activities will be required to follow stormwater quantity requirements. (d) No land disturbance activities, whether by private or public action, shall be performed in a manner that will negatively impact

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stormwater quantity whether by flow restrictions, increased runoff, or by diminishing channel or floodplain storage capacity. (e) All site designs shall control the post-development peak flow rates of stormwater discharge associated with 2-, 10-, 25-, 50-, and 100-year, 24-hour design storms to the pre-development peak flow rates. These practices should seek to utilize pervious areas for stormwater treatment and to infiltrate stormwater runoff from driveways, sidewalks, rooftops, parking lots, and landscaped areas to the maximum extent practical to provide treatment for both water quality and quantity. (f) Hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the 2-, 10-, 25-, 50- and 100-year, 24-hour design storms shall be provided to the City of La Vergne. These calculations must show that the proposed stormwater management measures are capable of controlling runoff from the site in compliance with this ordinance. (g) If hydrologic or topographic conditions warrant greater control than that provided by the minimum control requirements, the City of La Vergne may impose any and all additional requirements deemed necessary to control the volume, timing, and rate of runoff. (h) To protect stream channels from degradation, specific channel protection criteria shall be provided. (i) At the discretion of the City of La Vergne, stormwater discharges may be subject to additional performance criteria, or may need to utilize or restrict certain stormwater management practices. (j) Prior to or during the site design process, applicants for land disturbance permits shall consult with the City of La Vergne to determine if they are subject to additional stormwater design requirements. (1994 Code, ยง 14-603)

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Water Discharges from Construction Activities" shall require the following be submitted to the city engineer for review and approval: (i) The Notice of Intent (NOI) required by TDEC for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (ii) The Notice of Coverage (NOC) proving coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iii) The Storm Water Pollution Prevention Plan prepared for coverage under the "Tennessee General Permit for Storm Water Discharges from Construction Activities." (iii iv) Separate sheets, at a scale not to exceed one (1) inch equal to fifty (50) feet, for pre-construction, construction, and post construction storm water BMPs. For site disturbances less than 5 acres, at lease two separate EPSC plan sheets shall be developed. At lease two stages shall be identified, with associated EPSC measures addressed. The plan stages shall be addressed separately in plan sheets, with each reflecting the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment during the initial land disturbance (initial grading) and the conditions and EPSC measures necessary to manage stormwater, erosion and sediment at final grading. For site disturbances more than 5 acres at least 3 separate EPSC sheets shall be developed. Three stages shall be identified. The first plan sheet should reflect the conditions and EPSC measures necessary to manage stormwater runoff during the initial land disturbance (initial grading). The second plan sheet shall reflect the conditions the EPSC measures necessary to manage stormwater runoff from interim land disturbance activities. The third plan sheet shall reflect the conditions and EPSC measures necessary to manage stormwater runoff, erosion and sediment at final grading.

(b) Application for a land disturbance permit on sites which pose a threat to water, public health, or safety, as determined by the city engineer or other appropriate authority, shall require the following be submitted for review and approval: (i) Name of applicant; (ii) Business or residence address of applicant; (iii) Name, address and telephone number of the owner of the property of record in the office of the assessor of property;

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(iv) Address and legal description of subject property including the tax reference number and parcel number of the subject property; (v) Name, address and telephone number of the contractor and any subcontractor(s) who shall perform the land disturbing activity and who shall implement the erosion and sediment control plan; (vi) A statement indicating the nature, extent and purpose of the land disturbing activities including the size of the area for which the permit shall be applicable and a schedule for the starting and completion dates of the land disturbing activity. (vii) Where the property includes a sinkhole, the applicant shall obtain from the Tennessee Department of Environment and Conservation appropriate permits. (viii) The applicant shall obtain from any other state or federal agency any other appropriate environmental permits that pertain to the property. However, the inclusion of those permits in the application shall not foreclose the City of La Vergne from imposing additional development requirements and conditions, commensurate with this ordinance, on the development of property covered by those permits. (ix) Additional information and calculations as deemed necessary by the city engineer. (3) Review and approval of land disturbance permit application. The city engineer will review each application for a land disturbance permit to determine its conformance with the provisions of this ordinance. The city engineer shall provide one of the following responses in writing: (a) Approval of the permit application; (b) Approval of the permit application, subject to such reasonable conditions as may be necessary to secure substantially the objectives of this ordinance, and issue the permit subject to these conditions; or (i) If the city engineer has granted conditional approval of the permit, the applicant shall submit a revised plan that conforms to the conditions established by the city engineer. However, the applicant shall be allowed to proceed with his land disturbing activity so long as it conforms to conditions established by the city engineer. (c) Denial of the permit application, indicating the reason(s) for the denial. (d) No development plans will be released until the land disturbance permit has been approved. (4) Permit duration. Every land disturbance permit shall expire and become null and void if substantial work authorized by such permit has not commenced within one hundred eighty (180) calendar days of issuance, or is not

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complete within eighteen (18) months from the date of the commencement of construction. (5) Performance bonds. (a) The City of La Vergne shall require the submittal of a performance security or performance bond prior to issuance of a permit in order to ensure that the stormwater practices are installed by the permit holder as required by the approved stormwater management plan. The amount of the installation performance security or performance bond shall be the total estimated construction cost of the structural BMP(s) approved under the permit. The performance security shall contain forfeiture provisions for failure to complete work specified in the stormwater management plan. The applicant shall provide an itemized construction cost estimate complete with unit prices which shall be subject to acceptance, amendment or rejection by the City of La Vergne. Alternatively the City of La Vergne shall have the right to estimate the cost of construction. (b) The performance security or performance bond shall be released in full only upon submission of as-built plans and written certification by a registered professional engineer licensed to practice in Tennessee that the structural BMP(s) has been installed in accordance with the approved plan and other applicable provisions of this ordinance. The city engineer or designee will make a final inspection of the structural BMP(s) to ensure that it is in compliance with the approved plan and the provisions of this ordinance. Provisions for a partial pro-rata release of the performance security or performance bond based on the completion of various development stages can be made at the discretion of the city engineer. (1994 Code, ยง 14604)

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14-605. Post construction. (1) As built plans. All applicants are required to submit as built plans for any stormwater management structures located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be sealed by a registered professional engineer licensed to practice in Tennessee. (2) Landscaping and stabilization requirements. (a) Any area of land from which the natural vegetative cover has been either partially or wholly cleared by development activities shall be revegetated according to a schedule approved by the city engineer. The following criteria shall apply to revegetation efforts: (i) Reseeding must be done with an annual or perennial cover crop accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until such time as the cover crop is established over ninety percent (90%) of the seeded area. (ii) Replanting with native woody and herbaceous vegetation must be accompanied by placement of straw mulch or its equivalent of sufficient coverage to control erosion until the plantings are established and are capable of controlling erosion.

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(iii) Any area of revegetation must exhibit survival of a minimum of seventy-five percent (75%) of the cover crop throughout the year immediately following revegetation. Revegetation must be repeated in successive years until the minimum seventy-five percent (75%) survival for one (1) year is achieved. (3) Stormwater system long-term operation and maintenance. (a) The maintenance responsibilities for permanent stormwater runoff control facilities shall be the responsibility of the owner. (b) An engineer shall provide a stormwater infrastructure longterm operation and maintenance plan with an opinion of probable costs and schedule, subject to approval by the city engineer. The long term operation and maintenance plan shall be in writing, shall be in recordable form, and shall, in addition to any other terms deemed necessary by the city engineer, contain a provision permitting inspection at any reasonable time by the city engineer or his designee of the facilities deemed critical to the public welfare. (c) The City of La Vergne will have the authority to maintain facilities not properly maintained and to recover costs associated with the maintenance from the owner. (d) Upon approval of the stormwater management facilities by the city engineer, the facility owner shall demonstrate the ability to garner and apply the financial resources necessary for long-term maintenance requirements. The funding mechanism shall be in a form approved by the City of La Vergne. The city will only approve funding mechanism(s) for longterm maintenance responsibilities that can be demonstrated to be permanent or transferable to another entity with equivalent longevity. (e) If a responsible party fails or refuses to meet the design or maintenance standards required for stormwater facilities under this ordinance, the City of La Vergne, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the stormwater management facility becomes a danger to public safety or public health, the City of La Vergne shall notify in writing the party responsible for maintenance of the stormwater management facility. Upon receipt of that notice, the responsible person shall have ten (10) days to effect maintenance and repair of the facility in an approved manner. In the event that corrective action is not undertaken within that time, the City of La Vergne may take necessary corrective action. The cost of any action by the City of La Vergne under this section shall be charged to the responsible party. (4) Waterway buffer policy. (a) A waterway buffer shall be defined as a strip of undisturbed vegetation, either original or re-established, that borders streams and rivers, ponds, and lakes, wetlands, and springs. (b) A waterway buffer shall be applied along all intermittent and perennial waterways as determined by the City of La Vergne (stormwater

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appeals and advisory board) or state. Waterway determination shall be conducted at the concept stage. (c) The waterway buffer shall be defined as the area contained within a boundary established sixty (60) feet perpendicular beyond the top of bank on each side of the waterway. (d) Waterways buffer variances: (i) The stormwater appeals and advisory board may grant variances for the following: (A) Those projects or activities where it can be clearly demonstrated that unique circumstances make it impracticable to meet some or all of the buffer requirements; or (B) Those projects or activities serving a public need where no feasible alternative is available; or (C) The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with this chapter. (D) The construction, repair and maintenance of public improvements where avoidance and minimization of adverse impacts to wetlands and associated aquatic ecosystems have been addressed. (ii) When considering a request for a variance, the stormwater appeals and advisory board may require additional information such as, but not limited to, site design, landscape planting, fencing, the placement of signs, and the establishment of water quality best management practices in order to reduce adverse impacts on water quality, streams, and wetlands. (iii) When deemed appropriate by the stormwater appeals and advisory board, the water quality buffer zone width may be relaxed and permitted to become narrower as long as the width is not reduced to less than the minimum width required under applicable law, rules and regulations adopted by the State of Tennessee with regard to the same, but in no event shall it be less than twenty-five (25) feet perpendicular to the top of bank. (e) Waterway buffers shall be recorded on the plat. (f) Site development plans and plats prepared for recording shall: (i) Define the boundaries of a waterway buffer on the subject property and be labeled as "waterway buffer." (ii) Provide a note stating: "There shall be no clearing, grading construction or disturbance of vegetation in the waterway buffer except as permitted by the City of La Vergne." (iii) Provide a note to reference any protective covenants governing waterway buffers stating: "waterway buffers shown hereon are subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas."

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(g) Waterway buffers shall be protected during development activities. The waterway buffers shall be clearly marked during construction activities. (h) Minor landscaping shall be allowed within the waterway buffer to repair erosion, damaged vegetation, or provide other maintenance. Landscaping or stabilization activities must have prior approval by the engineering department. (i) Loss of floodplain storage due to activities within the waterway buffer is not permitted. Provided erosion prevention and sediment control, and water quality policies are adequately addressed, the following activities in the waterway buffer may be permitted with prior approval by the engineering department: (i) Roads and utilities crossing waterways. (ii) Pedestrian trails and walkways proximate to waterways. (iii) Water quality devices. (1994 Code, ยง 14-605, as amended by Ord. #2005-23, Oct. 2005 and Ord. #2007-18, June 2007)

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complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to: reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other BMPs. (1994 Code, ยง 14-606)

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14-607. Inspections. Inspections shall be performed to ensure that vegetation, erosion and sediment control measures and other protective measures identified in the site plan are kept in good and effective operating condition. (1) Inspection requirements. (a) Inspections required by TDEC. (b) Submission of inspection documentation upon request by the city engineer. (c) Pre-construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans. (d) Construction storm water management BMPs must be inspected and certified that the BMPs are in accordance with the approved plans, prior to granting building permit on sites requiring a land disturbance permit. (e) Post construction BMPs must be inspected and certified that the BMPs are in accordance with the approved plans prior to release of surety. (2) City of La Vergne inspections. City inspections may include, but are not limited to, the following: (a) An initial inspection prior to issuance of a land disturbance permit; (b) A bury inspection prior to burial of any underground drainage structure; (c) Erosion prevention and sediment control inspections as necessary to ensure effective control of erosion and sedimentation; (d) A final inspection when all work, including installation of storm management facilities, has been completed; and (e) Periodic inspections to ensure storm water facilities are being maintained. (1994 Code, ยง 14-607) 14-608. Illicit discharges. (1) Prohibition of illicit discharges. (a) Pursuant to the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) program administered by the Tennessee Department of Environment and Conservation (TDEC) illicit discharges to the MS4 are being defined as illegal. This is accomplished by identifying allowable non-stormwater discharges into the MS4 in the best interest of the City of La Vergne, Tennessee.

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(b) Non-stormwater discharge means any discharge to the Municipal Separate Storm Sewer System except as permitted by 0. (c) Except as hereinafter provided, all non-stormwater discharges into the Municipal Separate Storm Sewer System are prohibited and declared to be unlawful. (2) Allowable stormwater discharges. (a) Unless the City of La Vergne, TDEC, EPA or other regulatory agency has identified them as a source of pollutants to the "Waters of the State of Tennessee," the following nonstormwater discharges into the Municipal Separate Storm Sewer System are lawful: (i) Water line flushing or other potable water sources, (ii) Landscape irrigation or lawn watering with potable water, (iii) Diverted stream flows, (iv) Rising ground water, (v) Groundwater infiltration to storm drains, (vi) Pumped groundwater, (vii) Foundation or footing drains, (viii) Crawl space pumps, (ix) Air conditioning condensation, (x) Springs, (xi) Non-commercial washing of vehicles, (xii) Natural riparian habitat or wet-land flows, (xiii) Swimming pools (if dechlorinated), (xiv) Fire fighting activities, (xv) Discharges specified in writing by the City of La Vergne as being necessary to protect public health and safety, and (xvi) Dye testing is an allowable discharge if the City of La Vergne has so specified in writing. (3) Notification of spills. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting in, or may result in, illicit discharges or pollutants discharging into stormwater, the municipal separate storm sewer system, the person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. In the event of such a release of hazardous materials the person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. In the event of a release of non-hazardous materials, the person shall notify the city engineer in person or by telephone or facsimile no later than the next business day. Notifications in person or by telephone shall be confirmed by written notice addressed and mailed to the city engineer within three (3) business days of the telephone notice. If the discharge of prohibited materials emanates from a commercial or industrial establishment, the owner or operator of such establishment shall also retain an on-site written

record of the discharge and the actions taken to prevent its recurrence. (1994 Code, ยง 14-608)

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issue an order to cease and desist all such violations and direct those persons in noncompliance to: (i) Comply forthwith; or (ii) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and terminating the discharge. (iii) Conflicting standards. Whenever there is a conflict between any standard contained in this ordinance and in the BMP manual adopted by the City of La Vergne under this ordinance, the strictest standard shall prevail. (1994 Code, ยง 14-609)

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14-610. Penalties. (1) Violations. Any person who shall commit any act declared unlawful under this ordinance, who violates any provision of this ordinance, who violates the provisions of any permit issued pursuant to this ordinance, or who fails or refuses to comply with any lawful communication or notice to abate or take corrective action by the City of La Vergne, shall be guilty of a civil offense. (2) Penalties. Under the authority provided in Tennessee Code Annotated ยง 68-221-1106, the City of La Vergne declares that any person violating the provisions of this ordinance may be assessed a civil penalty by the City of La Vergne of not less than fifty dollars ($50.00) and not more than five thousand dollars ($5,000.00) per day for each day of violation. Each day of violation shall constitute a separate violation. (3) Measuring civil penalties. In assessing a civil penalty, the City of La Vergne may consider: (a) The harm done to the public health or the environment; (b) Whether the civil penalty imposed will be a substantial economic deterrent to the illegal activity; (c) The economic benefit gained by the violator; (d) The amount of effort put forth by the violator to remedy this violation; (e) Any unusual or extraordinary enforcement costs incurred by the City of La Vergne; (f) The amount of penalty established by ordinance or resolution for specific categories of violations; and (g) Any equities of the situation which outweigh the benefit of imposing any penalty or damage assessment. (4) Recovery of damages and costs. In addition to the civil penalty in ยง 14610(2), the City of La Vergne may recover: (a) All damages proximately caused by the violator to the City of La Vergne, which may include but not be limited to any reasonable expenses incurred in investigating violations of, and enforcing compliance with, this ordinance, or any other actual damages caused by the violation including attorneys' fees.

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(b) The costs of the City of La Vergne's maintenance of stormwater facilities when the user of such facilities fails to maintain them as required by this ordinance. (5) Other remedies. The City of La Vergne may bring legal action to enjoin the continuing violation of this ordinance, and the existence of any other remedy, at law or equity, shall be no defense to any such actions. (6) Remedies cumulative. The remedies set forth in this section shall be cumulative, not exclusive, and it shall not be a defense to any action, civil or criminal, that one (1) or more of the remedies set forth herein has been sought or granted. (1994 Code, ยง 14-610)

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RESOLUTION #2011-19 A RESOLUTION RATIFYING CONTINUED MEMBERSHIP IN THE REGIONAL TRANSPORTATION AUTHORITY OF MIDDLE TENNESSEE. WHEREAS, public transportation provides access to life-essential goods and services for all citizens across Middle Tennessee including citizens with disabilities, low income individuals and older residents; and

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WHEREAS, public transportation provides transportation to and from work, increases access to businesses, and spurs economic development and job creation; and

WHEREAS, public transportation offers local agencies across the region an invaluable tool for addressing growth pressures by expanding options to increase capacity on the transportation system to meet growing travel demands associated with new development; and WHEREAS, public transportation has a proven role in promoting environmental sustainability by reducing air and water pollution, offering substantial energy savings, and supporting quality growth principles aimed at conserving land and other natural resources; and

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WHEREAS, the Tennessee General Assembly passed legislation in 2009 creating Title 64,Chapter 8, Part 2, of the Tennessee Code, codified at Tennessee Code Annotated ยง 64-8-201 through ยง 64-8-208, which allows the Regional Transportation Authority of Middle Tennessee to assume and have authority to exercise additional powers, duties, and functions; and

WHEREAS, on January 19, 2011 and in accordance with Tennessee Code Annotated ยง 64-8-203(b), the Board of the Regional Transportation Authority of Middle Tennessee voted unanimously to assume and have authority to exercise the powers, duties, and functions under Tennessee Code Annotated Title 64, Chapter 8, Part 2 which provides capabilities that will be essential to expanding regional transportation in Middle Tennessee; and

WHEREAS, Tennessee Code Annotated ยง 64-8-203(b) provides that, if current local government members desire to continue their membership, they must do so by the date set by the Board of the Regional Transportation Authority of Middle Tennessee; and WHEREAS, the Board of the Regional Transportation Authority of Middle Tennessee set December 31, 2011 as the deadline for local governments to ratify their continued membership in the Regional Transportation Authority of Middle Tennessee under Tennessee Code Annotated Title 64, Chapter 8, Parts 1 and 2; and

WHEREAS, the Board of Mayor and Aldermen of the City of La Vergne has concluded that it is in its benefit to remain a member of the Regional Transportation Authority of Middle Tennessee following its assumption of powers, duties, and functions under Tennessee Code Annotated Title 64, Chapter 8, Part 2; NOW, THEREFORE, in accordance with Tennessee Code Annotated Â§ 64-8203, BE IT RESOLVED by the Board of Mayor and Aldermen of the City of La Vergne, that the City of La Vergne hereby ratifies itâ&#x20AC;&#x2122;s continued membership in the Regional Transportation Authority of Middle Tennessee.

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Passed and approved by the Board of Mayor and Aldermen of the City of La Vergne on this the 6th day of September, 2011.

___________________________ Senna Mosley, Mayor

ATTEST:

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___________________________________ Bruce E. Richardson, City Recorder

Reconstitution of the RTA under Part 2 of the 2009 Legislation: Questions and Answers

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Does the RTA Board recommend that the RTA Yes On January 19, 2011 the RTA Board voted unanimously to reconstitute under Part 2? reconstitute under Part 2. How has the RTA Board reached that _ The RTA Board tasked the RTA’s Executive Committee to explore recommendation? the RTA’s governance options. The Committee has considered the matter over the course of four meetings with the assistance of a consultant, RTA staff, and RTA legal counsel. Is any action necessary for RTA member Yes Continued participation of a local government in the RTA will governments that want to continue as require ratification by the local jurisdiction’s governing body by members of the reconstituted RTA? Dec. 31, 2011, (the deadline set by the RTA Board) [§64‐8‐203(b)] Could a local jurisdiction that is currently an Yes If a local jurisdiction’s governing body does not ratify continued RTA member opt not to belong to the membership, then that local government will no longer be a reconstituted RTA? member of the RTA. [§64‐8‐203(b)] Will the composition of the RTA Board change Yes Currently there are six Governor appointees. The reconstituted after reconstitution? RTA will have one Governor’s appointee from each member county. [§64‐8‐204: (a)(1)( D)] Can additional jurisdictions join the RTA Yes Part 2 will enable other jurisdictions to join the RTA subject to following reconstitution? specified requirements. [§64‐8‐203(a)(3)] Could the reconstituted RTA Board change Yes Part 2 indicates that the per capita member assessment will be no the amount of the local assessment? less than $0.10. The RTA Board will determine the minimum rate. Currently (under Part 1) the RTA Board can set a per capita rate between $0.10 and $0.50 with a minimum rate of $500. Will the reconstituted RTA be considered a No Following reconstitution, the existing RTA entity will continue to new legal entity? exist with the additional capabilities provided by Part 2. [per RTA legal counsel] [§64‐8‐203(a)(1)] Will the reconstitution of the RTA impact the No The RTA’s existing contractual obligations will remain in place RTA’s existing contracts? since the reconstituted RTA is the same legal entity. [per RTA legal counsel] Can the reconstituted RTA issue bonds to Yes Reconstitution under Part 2 will enable the RTA to issue bonds to fund transit investments? fund transit investments. [§64‐8‐207(4)(A)] Can the reconstituted RTA impose a tax on a No Part 2 specifies that the RTA cannot impose a tax on any local local jurisdiction without that local member jurisdictions without the approval of the jurisdiction’s jurisdiction’s express consent? governing body or by public referendum. [§64‐8‐207(4)(O)] Can the reconstituted RTA include local No Local governments may opt out of any special funding district jurisdictions in a special district for the defined by the RTA by a majority vote of their governing body. assessment of a tax without those [§64‐8‐207(5)] jurisdictions’ express consent? Can local jurisdictions be held liable for No Part 2 specifies that member jurisdictions will not be liable for the repayment of bonds issued by the RTA? payment of principal or interest on any bonds of the authority. [§64‐8‐207(4)(N)]. This does not preclude local governments from choosing to accept liability by pledging local revenues for bond repayment. Can the reconstituted RTA unilaterally pledge No Part 2 specifies that the RTA cannot pledge the full faith and the full faith and credit of member credit of member jurisdictions. [§64‐8‐207(4)(O)] jurisdictions as surety for the payment of the RTA’s bonds? Can the RTA offer transit services that directly No The reconstituted RTA cannot offer local transit services where compete with services offered by a local such services are already offered by a local agency without the transit agency without the permission of the consent of the local jurisdiction’s governing body. [§64‐8‐206: local transit agency? (b)(5)]

Reconstitution of the RTA of Middle Tennessee

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A BOLD, NEW VISION FOR MASS TRANSIT

REGIONAL TRANSPORTATION AUTHORITY – MEMBERSHIP STATUS

Find out more at NashvilleMPO.org Under new enabling legislation, a newly constituted RTA may modify its membership to conform with regional planning efforts.

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A Bold, New Vision for Mass Transit Clarksville

Springfield

Gallatin

Lebanon

FUTURE REGIONAL CORRIDOR SERVICE

Nashville

FUTURE LOCAL TRANSIT SERVICE

Franklin

Dickson

Murfreesboro

Columbia

nashvillempo.org

RESOLUTION #2011-20 A RESOLUTION TO ADOPT A STORMWATER ENFORCEMENT RESPONSE PLAN. BE IT RESOLVED by the Board of Mayor and Aldermen of the City of La Vergne, that the City of La Vergne hereby adopts the following Stormwater Enforcement Response Plan: Introduction

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The intent of this document is to provide guidance to city officials in enforcing the Stormwater management ordinance. It should be used only as a guide while recognizing that each situation is unique. The provisions of this enforcement response plan are not mandatory. Actual enforcement procedures should consider any unusual aspects of a violation or condition, as well as special characteristics of an enforcement action in determining the proper response.

While the purpose is to provide guidance for administration of the Stormwater management ordinance, it is not intended to limit the judgment and flexibility of the City Engineer or his/her designee in determining the appropriate response.

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Minor infractions may be resolved by a verbal notice, telephone call or warning letter advising the owner/operator/person of the nature of the violation. If such action fails to generate a response by the owner/operator/person, further enforcement actions as provided by the ordinance may be taken. 2.

Enforcement Response

The order of this precedence for enforcement responses outlined in this guide should not be construed to prevent the City Engineer or his/her designee from taking stronger action without first implementing less stringent steps, if in his/her opinion, a more forceful response is necessary. A show cause hearing should be held prior to any enforcement action other than a telephone call, warning letter, or notice of violation (NOV). The City of La Vergne may order any person who violates the Stormwater management ordinance, permitor order issued hereunder, to show cause why a proposed enforcement action should not be taken. Notice shall be served on the person specifying the time and the place for the meeting, the proposed enforcement action and the reasons for such action, and a request that the violator show cause why this proposed enforcement action should not be taken, The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at lease ten(10) days prior to the hearing. 3.

Documented Phone Calls or Informal Discussions

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In the case of most minor violations of a permit or ordinance, a telephone call or informal meeting may be sufficient to obtain the desired compliance. Phone calls must be documented by contemporaneous notes. A copy of the notes should be placed in the ownerâ&#x20AC;&#x2122;s master file and another mailed to the owner. Likewise if an informal discussion is held, notes shall be kept summarizing the discussion. Copies of the notes should be distributed to all entities involved. Anyone wishing to take exception to the notes should be required o respond in writing. Warning Letter

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A warning letter is the lowest level of formal response to a violation. It is intended for minor violations which would not cause harm to the environment. 5.

Notice of Violation

A notice of violation (NOV) is an official notification to inform a non-compliant owner of a violation of the Stormwater management ordinance. Within ten (10) business days of receipt of the notice, a written explanation of the violation and a plan for satisfactory correction and prevention thereof, to include specific required actions, shall be submitted by the owner to the City Engineer. Inspection to ensure performance of any corrective actions may be conducted by the City Engineer at his/her discretion. Submission of this plan is in no way relieves the owner of liability for any violations occurring before or after receipt of the Notice of Violation. 6.

Administrative Orders

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Administrative Orders are enforcement documents which direct owners to perform or to cease specific activities. Administrative orders may also invoke a penalty. There are three (3) primary types of administrative orders: consent orders; compliance orders; and cease and desist orders.

Consent Orders are entered into between the City and the owners to assure compliance as to specific actions to be taken by the owner to correct noncompliance within a specific time period. The City Engineer may enter into consent orders, assurances of voluntary compliance, or other similar documents establishing an agreement with any owner responsible for noncompliance within a time period specified in the document. Such documents shall have the same force and effect administrative orders issued pursuant to paragraphs (d) and (e) of Section 14-609 of the Stormwater Management Ordinance. Compliance Orders may be issued when the City Engineer finds that the owner has violated, or continues to violate, the ordinance or an order issued thereunder. It is similar to a consent order except that the consent of the owner is not implied in its issuance. When the City Engineer finds that an owner has violated or

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continues to violate a section of this article, or a permit or order issued under this article, the City Engineer may issue an order to the owner responsible for the violation directing that the owner come into compliance within a specified time, and such order may include assessment of a civil penalty to be paid if the owner does not come into compliance within the time provided. Compliance orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged offsite. A compliance order does not relieve the owner of liability for any violation, including any continuing violation. Issuance of a compliance order shall not bar against or a prerequisite for taking any other action against the owner. Cease and Desist Orders may be issued when the City Engineer finds that an owner has violated, or continues to violate, the Stormwater Management Ordinance or an order issued thereunder. The order shall require that the owner:

a. Comply forthwith; b. Take such appropriate remedial or preventative action as may be needed or deemed necessary to properly address a continuing or threatened violation, including halting operations and terminating the discharge. Issuance of a cease and desist order shall not bar against or a prerequisite for taking any other action against the owner.

Administrative orders contain the following components:

Title – the title specifies the type of order being issued, to whom it is being issued, summarizes the purpose of the order, and contains an identification number.

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Legal Authority – The authority under which the order is issued (the Stormwater Management Ordinance).

The Finding of Noncompliance – All violations must be described including the dates, the specific permit and/or ordinance provisions violated, and any damages known and attributable to the violation.

Required Activity – All orders should specify the required actions such as installation of BMP’s, additional inspections, appearance at show cause hearings, etc.

Milestone Dates for Corrective Actions – When compliance schedules are appropriate, all milestone dates must be established including due dates for required written reports.

Supplemental Clauses – The document should contain standard clauses providing that:

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a. Compliance with the terms and conditions of the administrative order shall not be construed to relieve the owner of its obligation to comply with applicable state, federal, or local law, or the permit; b. Violation of the administrative order itself may subject the owner to additional penalties as set in the Stormwater Management Ordinance; c. No provision of the order shall be construed to limit the city’s authority to issue supplementary or additional orders, or to take action deemed necessary to implement this program or ordinance; d. The orders shall be binding upon the owner, its officers, directors, agents, employees, successors, assigns, and all persons, firms or corporations acting under, through or on behalf of the owner.

Administrative orders issued as a result of a violation of the Stormwater Management Ordinance shall contain a penalty as determined using Tables “A” and “B” in this document. Administrative orders may also be used to advise an owner to the need of take, or cease, certain actions, and in such case may or may not be associated with penalties as defined in the ordinance or in this guide. 7.

Other Remedies

The City of La Vergne may bring legal action to enjoin the continuing violation of the Stormwater Management Ordinance, and the existence of any other remedy, at lay or equity, shall be no defense to any such actions. 8.

Civil Penalties

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The Stormwater Management Ordinance authorizes assessment of penalties of not less than fifty dollars ($50.00) and not to exceed five thousand dollars ($5,000.00) per day for each day of violation. Additionally Section 14-610 of the Stormwater Management Ordinance authorized the City Engineer to assess a civil penalty for actual damages incurred by the city. Before assessment of any civil penalty, a show cause hearing must be held with the non-compliant owner.

If a violation results in conditions requiring the expenditure of public funds for mitigation of damages, a penalty shall be assessed in such amount as to offset the public funds expended. This will in no way reduce or offset the liability of the owner with respect to damages incurred. 9.

Explanation of Use of Tables

This guide is based primarily on the use of two tables; “A” and “B”. Table “A” indicates how point values are assigned for each violation, considering the severity, duration, degree of harm, and compliance history of the owner. All possible violations may not be listed; however, this does not preclude an appropriate enforcement response.

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In Table “A”, three columns are associated with each listed violation – the “Initial Points” column, the “repeat Value” column, and the “Cumulative” column. If no history of violations is noted, the value in the “Initial Points” column may be used with conjunction with Table “B” to assess a typical response to the violation. If the user has a history of similar violations, the initial point value plus the product of the number of the previous occurrences times the repeat value should be used as shown in the following formula:

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Total Point Value = P + ( N x R ), where, P = Initial Point Value for a single violation N = Number of previous occurrences R = Repeat Value from Table “A”

Should more than one violation be noted at a time, the cumulative column should be consulted. If violations are cumulative in nature, the sum of the individual point values should be used to judge the response. If not, the greater individual values should be used to judge response, with the documentation for that response noting all violations.

Once a point value is determined, Table “B” should be consulted for recommended responses. Table “B” provides a schedule of appropriate responses bases upon the number of “points” determined by Table “A”. Example

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An owner violated the terms of the Stormwater Management Ordinance. This violation is considered significant and causes harm. Investigation reveals the owner has been sited twice in the past for the same violation: Total Point Value (TP) = P + ( N x R ). Therefore: TP = 3 + (2 x 1) = 5, where: 3 = Points charged for isolated but significant discharge from Table “A” 2 = Number of previous occurrences; and 1 = Repeat value from Table “A” Resulting Options: Civil injunction or Administrative order with up to a $500.00 penalty.

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Table "A" Response Guide for Violation Erosion Prevention and Sediment Control Initial Repeat Description of Violation Points Value Violation of a Single Requirement:

Cumulative

Not Significant

Yes

Significant, no harm

Yes

Significant, causes harm

Yes

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Violation of More than one Requirement: Not Significant

Yes

Significant, no harm

Yes

Significant, causes harm

Yes

Unauthorized Discharges

Illicit Discharges:

Owner unaware of requirement, no harm

N/A

Owner unaware of requirement, harm

N/A

Owner aware of requirement, no harm

Yes

Owner aware of requirement, harm

Yes

Owner unaware of requirement, no harm

N/A

Owner unaware of requirement, harm

N/A

Owner aware of requirement, no harm

Yes

Owner aware of requirement, harm

Yes

Illicit Connections:

Inspection

Yes

Inspection Records Incomplete

Inspection Records Not Available

Yes

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Entry denied

Maintenance Failure to properly operate and maintain 1 BMPs Stormwater Management Pre-Construction:

Failure to obtain NOC

Failure to obtain grading permit Failure to provide performance bond/letter of credit Post Construction:

Failure to provide water quality BMPs

Failure to provide channel protection Failure to provide downstream impact analysis

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Table "B" Violation Response Guide

10.

Action Written Warning Notice of Violation Administrative Order with up to a $150 Penalty Administrative Order with up to a $300 Penalty Administrative Order with up to a $500 Penalty Administrative Order with up to a $1000 Penalty Administrative Order with up to a $2000 Penalty Administrative Order with up to a $3000 Penalty Administrative Order with up to a $4000 Penalty Administrative Order with up to a $5000 Penalty

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Point Total 1 2 3 4 5 6 7 8 9 10

Cease and Desist Order

A civil injunction may be requested at any time, for any violation, if in the opinion of the City Engineer in consultation with the City Attorney, such action is needed or appropriate. 11.

Criminal Action

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In cases where criminal acts are suspected by the director, after consultation with the City Attorney, information shall be gathered and forwarded to the District Attorney of the appropriate county for action. Criminal prosecution, if pursued, shall be in addition to other actions authorized by the Stormwater Management Ordinance.

Passed and approved by the Board of Mayor and Aldermen of the City of La Vergne on this the 6th day of September, 2011.

___________________________ Senna Mosley, Mayor

ATTEST:

___________________________________ Bruce E. Richardson, City Recorder

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Contract Between City of La Vergne And La Vergne Rescue Unit, Inc. Operating Within the City of La Vergne for the Conduct and Coordination of Vehicle Extrication Response Services

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This Contract entered into by and between the City of La Vergne, a Tennessee Municipal Corporation (hereinafter referred to as “City”), and the La Vergne Rescue Unit, Inc. (hereinafter referred to as “Rescue”). WITNESSETH:

WHEREAS, the parties hereto desire to enter into this Contract for the provision vehicle extrication response services within City, and WHEREAS, this Contract has been negotiated by and between the parties hereto to organize and coordinate the effective provision of vehicle extrication response services, and WHEREAS, the purpose of this Contract is to assure rapid response to persons in need within City, and WHEREAS, Rescue warrants and represents unto City that it is a Tennessee not for profit corporation in good standing and that it is duly authorized to enter into this Contract and be bound by the terms of the same, and that it is legally authorized to provide vehicle extrication response services within City.

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NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, receipt of which is acknowledged by the parties hereto, the parties to this Contract do hereby agree as follows: 1. Term. The term of this Contract shall be for a period of twenty-four (24) months to begin effective July 1, 2011.

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2. Compensation. City shall pay to Rescue forty thousand dollars ($40,000.00) per year to be paid in equal monthly installments during the term of this contract. In addition, the City shall provide up to fifteen (15) uniforms for extrication technicians that will be fire rated for extrication, but in no instance shall the cost associated with the provision of said uniforms exceed three thousand dollars ($3,000.00) during the term of this contract. Additionally, the city will pay fuel expenses Rescue incurs as a result of its performance under this contract, including fuel for training.

3. Response. Rescue shall provide immediate response to any call for assistance dispatched by City. The parties understand and agree that this means Rescue must be available to respond twenty-four (24) hours per day, three hundred sixty five (365) days per year. In the event that Rescue is unable to respond immediately to a call for assistance, Rescue shall immediately notify the City’s Emergency Service Coordinator and advise the same. Rescue will also contact the Rutherford County EMS for the same notifications and reroute destinations.

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3.1. To the extent that the City has radios available to for use by Rescue, the same shall be provided by the City to Rescue. Regardless, the City shall provide a means by which Rescue will be “toned-out” or notified of an emergency, as that term is commonly understood.. 3.2. A call for assistance may only be cancelled by the on-scene incident commander.

3.3. Vehicle Authorization. Within thirty (30) days of the date of this Contract, Rescue shall designate specific vehicles to be used for response to calls and shall provide to City unit number identification for all units engaged in providing services. Said vehicles must meet any and all state and federal guidelines. Thereafter, with the exception of the director or captain of Rescue, only those vehicles so identified may respond to a call. 3.4. In the event that Rescue believes the authorized vehicles available are insufficient to respond to a call, Rescue shall advise the City of the need for use of other than authorized vehicles and the incident commander may, at his/her discretion, authorize the same. If the City will not approve the response of other than authorized vehicles, the City will accept any and all responsibilities related to the denial of response of extra manpower.

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4.1. On-Scene Actions. Upon arrival at the scene in response to a call for assistance, Rescue shall park its vehicles in such a way as to minimize obstruction and to enhance access to the patient(s) by ambulance unit(s). Rescue will be required to park within 70 feet of the incident involving extrication due to the equipment required for access. Rescue may assist in removing needed equipment from the ambulance. In the event that the scene involves violence or criminal activity, Rescue will at no time put their crew in danger of any threat to perform their rescue duties.

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4.2. Extrication operations shall only be conducted by personnel meeting, at a minimum, the Tennessee Association of Rescue Squads (T.A.R.S.) Vehicle Extrication Technician level requirements 5. Certification of Personnel. Rescue shall provide a minimum of one (1) Vehicle Extrication Technician to respond to all calls for service within the City at all times plus at least one (1) more technician who can arrive on-scene in an approved Rescue vehicle. Vehicle Extrication Technicians shall be trained in the following as a minimum, and shall have six (6) months in which to complete said training: FEMA Incident Command (IS-100,200,700,800) TARS Vehicle Extrication Technician Current CPR Certification State of Tennessee Medical First Responder or Certified First Aid NFPA Standard 1670 and NFPA Standard 1006 is recommended TEMA Hazmat Operations Level certification is recommended FEMA ICS-300 “Intermediate ICS” is recommended for officers

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5.1. In addition to its other duties and obligations as set forth herein, Rescue shall maintain member personnel files that contain current evidence of member certifications, in-service training documentation. Rescue shall provide the City Emergency Services Coordinator with a complete and current roster of personnel. Certification shall be required within six (6) months from the effective date of this contract has been signed. This is private information and will not be given without consent of each individual except as may be required or allowed by law. Training records may be reviewed upon request by the City Officials. 6. Extrication Equipment. Rescue shall maintain all necessary equipment to provide vehicle extrication services to City. Equipment shall have maintenance records showing that proper manufacturer recommended maintenance is being followed. Maintenance records shall be provided annually to the City Emergency Services Coordinator..

7.1. Communications. City’s Communications Center shall be responsible for receiving and dispatching all calls for service for Rescue within the City. All calls to Rescue shall transmit through simulcast on a designated VHF frequency and Rescue 800Mhz. The City shall provide the means (tone) by which Rescue may receive notice

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of calls. The Communications Center shall relay appropriate messages to Rescue, and record times of receipt of call, dispatch, arrival on scene, and return-to-service. These times and numbers shall be requested by phone immediately following any call for service or as soon thereafter as possible by Rescue personnel. Further need of additional resources and/or equipment on-scene shall be requested and managed by the on-scene incident commander. Should Rescue arrive first on-scene they shall notify City Communications of the following: The number of patients. The nature of the emergency and severity of the situation. The possible need for additional resources. Report of any on scene hazards (Lines down, high water, etc.). Time incident command established

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A. B. C. D. E.

7.2. If a call appears to be a false call or an accident without personal injuries, Rescue shall notify appropriate responding agencies through the Cityâ&#x20AC;&#x2122;s Communications Center.

7.3. Rescue shall not respond to calls within the city limits of La Vergne unless dispatched by the City Communications Center. Should they become aware of the need for assistance prior to being dispatched, they should advise the City Communications Center immediately.

8. Records. In addition to the maintenance of other records as required herein, Rescue shall record the following information on each incident, to be retained in a service log or file: Date. Time of Arrival. Location. Type of Incident. Name of rescue personnel who responded. Incident Action Summary

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A. B. C. D. E. F.

8.1. A monthly summary report detailing the number and types of incidents and average response times shall be provided to the City Emergency Services Coordinator monthly. 9. Incident Command. It is understood and agreed by the parties hereto that the National Incident Management System (NIMS) and Incident Command will be used on all emergency scenes. For example, in accordance with nationally-accepted ICS protocols, the Primary EMS Provider shall be in charge of a medical branch on any scene where patient care is being rendered and shall be responsible for treatment of patients. The next highest- ranking medical or extrication technician on-scene will be responsible for technique and process leading to the removal of patient/ patients. The LaVergne Fire Department highest-ranking official shall have control of the on-scene

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command with respect to, but not limited to, incident mitigation, scene safety, and safe access to scene. All Law enforcement-sensitive scenes shall be under the command of the highest law enforcement official on scene.

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10. Infection Control. Rescue agrees to have in place a working exposure control plan for blood borne pathogens in accordance with OSHA CFR 1910.1030. City shall assist Rescue in complying with the standards for the protection of its members where possible. A plan will be in place for all members, regardless of whether or not they are compensated. A copy of the plan shall be supplied to the City Emergency Services Coordinator, and adherence to the plan is a condition of this Contract and will be part of the review process annually. Each member of Rescue shall receive yearly update training on the exposure control plan as well as OSHA 1910.1030. City will reimburse Rescue for cost of the bloodborne HBV (vaccine) for Extrication Technicians. 11. In-Service Education. An in-service education program shall be established by Rescue for the continuing education and update of its members. A copy of the continuing education program shall be provided to the City Emergency Service Coordinator.

12. Quality Assurance Program and Annual Audit. To effect Quality Improvement and Competency standards, the City Emergency Service Coordinator and/or a designee may respond to calls for the purpose of evaluating responder skill levels. The evaluations of Rescue shall be used to determine the need for training and improve deficiencies in skills levels in providing quality services to City and its citizens. Rescue will abide by the direction and protocols and/or orders of the City Emergency Services Coordinator. Anyone doing QA on the Rescue shall have a TARS instructor rating (or higher) in extrication.

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All QA reports will be sent to Rescue within 24 hours of call. If Q/A reports are filled all required information will be submitted. A. B. C. D.

Name of Auditor Date of Incident Time of Incident Deficiencies and/or Adequacy observed

13. Monitoring. Rescue’s activities conducted and records maintained pursuant to this Contract shall be subject to monitoring and evaluation by the City or its duly appointed representative. Rescue shall maintain frequent and regular attendance at monthly Board of Mayor and Alderman (BOMA) workshops, monthly BOMA meetings and monthly Local Emergency Planning Committee (LEPC) meetings and participate by presenting reports as requested. Rescue is invited to attend weekly City Director’s meetings. 14. City’s Property. Any of the City’s property, including but not limited to books, records and equipment that is in Rescue’s possession, shall be maintained by

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Rescue in good condition and repair, and shall remain the property of the City of La Vergne upon termination of the Contract. 15. Modification of Contract. This Contract may be modified only by written amendment executed by all parties and their signatories hereto.

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16. Partnership/Joint Venture. Nothing herein shall in any way be construed or intended to create a partnership or joint venture between the parties or to create the relationship of principal and agent between or among the parties. None of the parties hereto shall hold itself out in a manner contrary to the terms of this paragraph. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this paragraph. 17. Waiver. No waiver of any provision of this Contract shall affect the right of any party thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

18. Insurance. During the term of this Contract, Rescue shall maintain liability insurance with limits of not less than five (5) million dollars, as well as automotive and workmanâ&#x20AC;&#x2122;s compensation insurance policies. A certificate of insurance, in a form satisfactory to the City, evidencing said coverage shall be provided to the City prior to commencement of performance of this Contract. Throughout the term of this Contract, Rescue shall provide an updated certificate of insurance upon expiration of the current certificate. 18.1. Rescue shall add City as an additional insured on all of its applicable insurance policies.

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19. Hold Harmless. Rescue shall save and hold harmless the City, its officers, agents and employees from: A.

Any claims, damages, costs and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of Rescue, its officers, employees and/or agents, including its sub or independent contractors, in connection with the performance of the Contract, and,

Any claims, damages, penalties, costs and attorney fees arising from any failure of Rescue, its officers, employees and/or agents, including its sub or independent Contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

Pursuant to Tennessee Attorney General Opinion 93-01, the City will not indemnify, defend or hold harmless in any fashion Rescue from any claims arising from any failure, regardless of any

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language in any attachment or other document that Rescue may provide.

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20. Assignmentâ&#x20AC;&#x201D;Consent Required. The provisions of this Contract shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Except for the rights of money due to Rescue under this Contract, neither this Contract nor any of the rights and obligations of Rescue hereunder shall be assigned or transferred in whole or in part without the prior written consent of the City. Any such assignment or transfer shall not release Rescue from its obligations hereunder. NOTICE OF ASSIGNMENT OF ANY RIGHTS TO MONEY DUE TO CONTRACTOR UNDER THIS CONTRACT MUST BE SENT TO THE ATTENTION OF CITY ADMINISTRATOR, CITY OF LA VERGNE, LA VERGNE CITY HALL, 5093 MURFREESBORO ROAD, LA VERGNE, TN 37086. 21. Either party may terminate this contract, with or without cause, by giving sixty (60) days notice to the other party. In the event that either party elects to terminate the contract on this basis, this contract shall terminate on the sixty-first (61st) day following the date that notice is provided, unless the parties mutually agree to terminate this contract on a date sooner. 22.

For the purposes of this contract, notice shall be effective by mailing to: City Administrator, City of La Vergne 5093 Murfreesboro Road La Vergne, Tennessee 37086

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Director, La Vergne Rescue Unit, Inc. P.O. Box 163 141 Gambill Lane La Vergne, TN 37086

23. Entire Contract. This Contract sets forth the entire Contract between the parties with respect to the subject matter hereof and shall govern the respective duties and obligations of the parties. 24. Governing Law. The validity, construction and effect of this Contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee. Tennessee law shall govern regardless of any language in any attachment or other document that the Contractor may provide.

25. Venue. Any action between the parties arising from this Contract shall be maintained in the courts of Rutherford County, Tennessee.

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26. Severability. Should any provision of this Contract be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions of this Contract. 27.

Effective Date. The effective date of this contract is July 1, 2011.

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IN WITNESS WHEREOF, the parties hereto have set their signatures on this the _______day of______________, 2011.

CITY OF LA VERGNE, TENNESSEE

________________________________ SENNA MOSLEY MAYOR

Attest:

________________________________ BRUCE E. RICHARDSON CITY RECORDER

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By:

LA VERGNE RESCUE UNIT, INC. By:

________________________________ DANA BLAIR DIRECTOR

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Ordinance #2011-26 AN ORDINANCE TO AMEND THE LA VERGNE MUNICIPAL CODE REGARDING THE REMOVAL OF BOARD AND COMMITTEE MEMBERS. BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, that: Title 2, Chapter 1, Section 2-103 of the La Vergne Municipal Code be amended to read as follows:

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SECTION I.

2-103. Appointment, terms of office and vacancies. Members shall be appointed by the mayor and confirmed by the board of mayor and aldermen, and shall serve at the pleasure of the board. Members shall be appointed for a four (4) year term. Members shall be eligible for re-appointment. In case of any vacancies on the committee, vacancies shall be filled for the unexpired term. Members shall vacate their membership by resignation or by removal by the board of mayor and aldermen. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the department head responsible for that board or committee, if the member is absent from two (2) or more scheduled meetings in a row. The alderman appointed to serve as chairman shall vacate the chairmanship by resignation, upon departure from the board of mayor and aldermen, or by removal by the board of mayor and aldermen.

SECTION II.

Title 2, Chapter 8, Section 2-803 of the La Vergne Municipal Code be amended to read as follows:

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2-803. Removal from office and filling of vacancies therefrom. Members of the library board serve at the pleasure of the board of mayor and aldermen and may be removed from office by majority vote of the board of mayor and aldermen with or without cause. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the library director, if the member is absent from two (2) or more scheduled meetings in a row.

SECTION III.

Title 8, Chapter 3, Section 8-301 of the La Vergne Municipal Code be amended to read as follows:

8-301. Beer board established. There is hereby established a beer board to be composed of five (5) members appointed by the mayor, who shall also have authority to remove any appointive member at his/her pleasure without cause. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city recorder, if the member is absent from two (2) or more scheduled meetings in a row. A chairman shall be elected annually by the board from among its members. All members of the beer board shall serve without compensation. A member shall be appointed for a four (4) year term. Members shall be eligible for re-appointment. Vacancies shall be filled by an appointment by the mayor with the affirmation of the board of mayor and aldermen to serve out the remainder of the vacating member's term. Page 1 of 3

SECTION IV.

Title 14, Chapter 1, Section 14-101 of the La Vergne Municipal Code be amended to read as follows:

SECTION V.

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14-101. Creation and membership. Pursuant to the provisions of Tennessee Code Annotated, ยง 13-4-101 there is hereby created a municipal planning commission, hereinafter referred to as the planning commission. The planning commission shall consist of seven (7) members; two (2) of these shall be the mayor, and a member of the board of mayor and aldermen selected by the board of mayor and aldermen; the other five (5) members shall be appointed by the mayor. All members of the planning commission shall serve as such without compensation. Except for the initial appointments, the terms of the five (5) members appointed by the mayor shall be for four (4) years each. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city recorder, if the member is absent from two (2) or more scheduled meetings in a row. Upon more than one (1) vacancy, the mayor may at his discretion appoint one or more of the new appointments in such a way as to allow each term to expire a year apart. The terms of the mayor and members selected by the board of mayor and aldermen shall run concurrently with their terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term by the mayor, who shall also have the authority to remove any appointive member at his will and pleasure.

Title 14, Chapter 5, Section 14-502 of the La Vergne Municipal Code be amended to read as follows:

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14-502. Term of members. The initial members of the board of zoning appeals shall serve terms where one (1) member's terms shall expire each year. Upon the expiration of each initial term, a member shall be appointed for a four (4) year term. Members shall be eligible for re-appointment. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city recorder, if the member is absent from two (2) or more scheduled meetings in a row. Vacancies shall be filled by an appointment by the mayor with the affirmation of the board of mayor and aldermen to serve out the remainder of the vacating member's term.

SECTION VI.

Title 14, Chapter 5, Section 14-502 of the La Vergne Municipal Code be amended to read as follows:

14-802. Terms and vacancies. Members shall be appointed for four (4) year terms. Members shall be eligible for re-appointment. Members may be removed by the board of mayor and aldermen at the request of the chairman of the board or committee and the city engineer, if the member is absent from two (2) or more scheduled meetings in a row. Vacancies shall be filled by an appointment by the mayor, subject to confirmation by the board of mayor and aldermen to serve out the remainder of the vacating member's term. The alderman appointed to the board shall vacate his/her position by resignation, upon departure from the board of mayor and aldermen, or by removal by the board of mayor and aldermen.

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SECTION VII.

SECTION VIII.

That this Ordinance take effect forthwith upon its final passage, the public welfare requiring it.

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LEGAL STATUS PROVISIONS Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

ATTEST:

_____________________________________ Bruce E. Richardson, City Recorder

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Published in the Daily News Journal on ________________________.

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CCBCC OPERATIONS, LLC MASTER SALES AND SPONSORSHIP AGREEMENT (City of La Vergne Parks and Recreation) THIS MASTER SALES AND SPONSORSHIP AGREEMENT (the “Agreement”) is made and entered into as of the 1st day of July, 2011 (the “Effective Date”), by and between CCBCC OPERATIONS, LLC, a Delaware limited liability company (“CCBCC”), and City of La Vergne, a TN Municipal Corporation (“Sponsoree”).

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NOW, THEREFORE, in consideration of the mutual terms, provisions, covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CCBCC and Sponsoree hereby agree as follows: Product Sale and Distribution.

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(a) General. During the term of this Agreement, Sponsoree shall (i) merchandise, advertise, display, vend, sell and otherwise distribute, all at retail, (collectively, hereafter referred to as “distribute” or “distribution”) sparkling and still non-alcoholic beverages of any kind or form, and all beverage bases from which these can be prepared, including, without limitation, all carbonated soft drinks, noncarbonated drinks, juices and juice drinks (e.g., Minute Maid, Fuze and V8), teas and tea drinks (e.g., Nestea, Fuze and Gold Peak), packaged waters (e.g., Dasani, Evian and flavored waters that are marketed as a water product), energy drinks (e.g., Full Throttle and Nos), isotonics and sports performance beverages (e.g., POWERaDE), vitamin/mineral enhanced waters (e.g., Dasani Essence, vitaminwater and smartwater), nutritional supplement beverages and refrigerated coffee beverages (e.g., Cinnabon and Full Throttle Coffee), that are (A) marketed under trademarks or brand names owned or controlled by or licensed for the use of CCBCC or an affiliate and (B) customarily and regularly distributed by CCBCC in the ordinary course under comparable circumstances at the then subject time (the “Products”) and (ii) obtain all of its requirements for Products from CCBCC. Sponsoree shall distribute the Products in the manner set forth herein and shall use its best efforts to maximize the sales or, and revenue from, the Products. Such distribution shall be carried out at the locations specified on Exhibit A (the “Locations”).

(b) Full service Vending Machine Sales. With respect to self-operated, coin and bill, vending machines placed at the Locations by CCBCC hereunder, CCBCC shall stock such vending machines (“Full service Vending Machines”) in accordance herewith. All Products in such Full service Vending Machines (and all cash and other proceeds from sales of such Products) shall be at all times the property of CCBCC, and Sponsoree shall return to CCBCC all such Products and proceeds that might come into Sponsoree’s possession. Sponsoree shall have no right to access any internal areas or parts of such Full service Vending Machines.

(c) Direct Sales Vending Machines. With respect to self-operated, coin and bill, vending machines placed at the Locations by CCBCC hereunder, Sponsoree shall stock such vending machines (“Direct Sales Vending Machines” and together with Full service Vending Machines, “Vending Machines”) in accordance herewith. Products sold through Direct Sales Vending Machines shall be purchased by Sponsoree from CCBCC as provided herein and resold by Sponsoree only to retail consumers in the ordinary course of Sponsoree’s operations. Once delivered to Sponsoree, all Products in such Direct Sales Vending Machines

4844-2512-9987.02

(and all cash and other proceeds from sales of such Products) shall be the property of Sponsoree, with Sponsoree having all attendant risk of loss and ownership obligations.

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(d) Delivered Bottle, Can and Fountain Sales. In addition to sales through Vending Machines, Products will also be sold at certain Locations through cashier assisted (or comparable) cold cases, kiosks, fountain dispensers, coolers, hawking, vending, shelf displays and other non-vending machine vehicles of distribution (collectively, for convenience of reference, “Cold Cases”). Products sold through Cold Cases shall be purchased by Sponsoree from CCBCC as provided herein and resold by Sponsoree only to retail consumers in the ordinary course of Sponsoree’s operations. Once delivered to Sponsoree, any such Products sold to Sponsoree shall become the property of Sponsoree, with Sponsoree having all attendant risk of loss and ownership obligations. Proceeds from the sales of such Products shall be the property of Sponsoree. CCBCC shall sell Products to Sponsoree (in the manner provided herein) in such amounts as are reasonably required by Sponsoree, from time to time, subject to such reasonable caps on such requirements as may be determined, from time to time, by CCBCC. CCBCC shall not be liable to Sponsoree for failure to make shipments of Products where such failure is due to any cause or condition beyond the reasonable control of CCBCC.

(e) Minimum Required Sales. CCBCC is entering into this Agreement on the basis that Product sales at the Locations will achieve certain targets. Accordingly, the sales of Products through Full service Vending Machines and/or to Sponsoree for resale through Direct Sales Vending Machines and Cold Cases shall in no event be less than the minimums set forth on Exhibit B. Failure to achieve those minimums shall constitute an event of Cause hereunder (as defined in Section 9 below).

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2. Sponsorship Recognition. Sponsoree hereby grants to CCBCC (and the Products) sponsorship recognition and the right to promote (and the cooperation and active involvement of Sponsoree in promoting) CCBCC and the Products in connection with Sponsoree and any activities, functions and event venues operating under the auspices of Sponsoree (“Related Activities”). Sponsorship recognition benefits include, without limitation, those set forth on Exhibit A. CCBCC shall have the right to identify itself as a “sponsor” of Sponsoree and Related Activities and identify the Products as the “official” or “exclusive” nonalcoholic beverages of Sponsoree and any Related Activities and to use any trademark, trade name, service mark, design, logo, slogan, symbol, mascot, character, identification, or other proprietary design now or in the future owned, licensed, or otherwise controlled by Sponsoree (collectively, the “Sponsoree Marks”) on a royalty-free basis during the term of this Agreement. Without limiting the generality of the foregoing, CCBCC shall submit to Sponsoree, and Sponsoree shall have the right to approve within ten (10) days of receipt from CCBCC, which approval shall not be unreasonably withheld or delayed, (i) any concept for any promotional activity undertaken by CCBCC hereunder with respect to Sponsoree or any Location or Related Activity and (ii) any artwork or other items created by CCBCC that incorporate any Sponsoree Marks for use in any such promotional activity. In the event that Sponsoree fails to provide any response to CCBCC within such ten (10) day period, such submission shall be deemed approved by Sponsoree. CCBCC shall have access to the Locations and any Related Activities at all reasonable times for any appropriate purposes hereunder and, with respect to promotions, agrees to comply with any reasonable requirements of Sponsoree regarding operation, placement, set-up and tear-down of CCBCC’s promotional materials. 3. Exclusivity. In consideration for, and as a material inducement to, CCBCC entering into this Agreement, Sponsoree expressly agrees that, during the term of this Agreement, Sponsoree shall not (i) distribute, or allow any others to distribute, to any person in 2 4844-2512-9987.02

any manner, for compensation or otherwise, directly or indirectly, any products or supplies on or at the Locations or any Related Activities that are similar to, the same as or comparable to or compete with the Products (“Competing Products”) or (ii) grant any similar sponsorship recognition to any Competing Products (or any distributor of Competing Products). In the event that any third party attempts, without CCBCC’s prior written consent, to distribute any Competing Product at the Locations or any Related Activities or to associate any Competing Product with Sponsoree, or to suggest that a Competing Product is endorsed by, or associated with, Sponsoree, then Sponsoree will promptly take any steps necessary to stop and prevent such actions and to protect the exclusive rights granted to CCBCC under this Agreement.

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4. Sponsorship Fees. During the Initial Term (as defined in Section 9 below) of this Agreement, provided that Sponsoree is in continuous compliance hereunder, CCBCC shall pay to Sponsoree the sponsorship fees set forth on Exhibit A (“Sponsorship Fees”). In the event of a breach of this Agreement by Sponsoree, CCBCC shall be under no obligation to make any additional payments to Sponsoree after the date of such breach. Any and all Sponsorship Fees paid by CCBCC prior to such breach shall be immediately refunded to CCBCC by Sponsoree.

5. Marketing Support. During the Initial Term of the Agreement, CCBCC shall provide annual marketing support in the amount set forth on Exhibit A (the “Marketing Funds”). If, with respect to any year during the Initial Term of the Agreement, CCBCC provides marketing support in an amount that is less than the Marketing Funds, the difference between the Marketing Funds and the amount of the marketing support actually provided for such year shall roll over to the following year and shall be in addition to the Marketing Funds for such following year. If, at the end of the Initial Term, there are any unused Marketing Funds, CCBCC shall have no obligation to pay, and shall not pay, the amount of any such unused Marketing Funds to Sponsoree.

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6. Product Support. During the Initial Term of this Agreement, provided that Sponsoree is in continuous compliance hereunder, CCBCC shall, at no cost to Sponsoree, provide Product support each year in the amount set forth on Exhibit A; provided, however, that CCBCC shall not be liable to Sponsoree for failure to provide such Product support where such failure is due to any cause or condition beyond the reasonable control of CCBCC. Sponsoree shall request Product support in writing at least fourteen (14) days prior to the desired delivery date, and any such requests shall be for an amount of Product that is equal to or greater than Twenty (20) cases. For the avoidance of doubt, if, with respect to any year during the Initial Term, Sponsoree fails to request all of the Product support available for such year, the amount of any Product support not requested by Sponsoree shall not carry over to the next year nor shall Sponsoree be entitled to receive any compensation from CCBCC with respect thereto. Sponsoree shall not, and shall not be permitted to, resale any Product provided by CCBCC to Sponsoree pursuant to this Section 6. If, with respect to any year during the Initial Term of this Agreement, Sponsoree requires Product support in excess of the amount set forth on Exhibit A, CCBCC shall provide such Product support to Sponsoree; provided, however, that Sponsoree shall purchase such Product support from CCBCC at the then-current prices for the Products. 7.

Prices and Commission.

(a) Product Prices. CCBCC agrees to sell to Sponsoree Products for resale by Sponsoree through Cold Cases, in accordance with the prices, terms and conditions set forth on Exhibit B, during the period in which Sponsoree is in full compliance with the terms and conditions of this Agreement. 3 4844-2512-9987.02

(b) Commission on Sales. CCBCC shall pay to Sponsoree a commission on CCBCC’s sales of Products through Full service Vending Machines at the Locations (“Commission”), during the period in which Sponsoree is in full compliance with the terms and conditions of this Agreement. Commission shall be computed and paid in the manner, and subject to the provisions, set forth on Exhibit B. 8.

Equipment.

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(a) General. CCBCC shall provide all Vending Machines necessary and appropriate (in its sole discretion) to distribute the Products at the Locations. Those Vending Machines, along with any Cold Cases and other equipment, if any, provided by CCBCC to Sponsoree (in CCBCC’s sole discretion), to assist Sponsoree in Cold Case distribution, are referred to collectively as the “Equipment”. The initial Equipment at the Effective Date consists of those items set forth on Exhibit C. All Equipment is and shall remain the property of CCBCC. Sponsoree shall take no action inconsistent with such ownership and shall cooperate with CCBCC in preserving and evidencing the same, including execution, delivery and filing of financing statements and other documents, as CCBCC may require. Sponsoree agrees that (i) it will maintain a safe environment at the Locations, so as to protect the Equipment from theft and vandalism and (ii) reimburse CCBCC for any loss or damage to any Equipment, other than reasonable wear and tear. Sponsoree will not encumber the Equipment in any manner or permit any attachment thereto. Upon expiration or termination of this Agreement, Sponsoree immediately shall return all Equipment or other property of CCBCC and provide access to the Locations for CCBCC’s removal of the same. (b) Installation Sites. The Equipment installation sites at the Locations shall be as set forth on Exhibit C and as otherwise mutually agreed upon by the parties. The Equipment may not be removed from the installation sites without CCBCC’s prior written consent. Sponsoree represents and warrants that electrical service at each installation site is proper and adequate for the Equipment.

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(c) Stocking, Maintenance and Proceeds. CCBCC shall stock the Full service Vending Machines with Products through CCBCC’s regular, full service delivery drivers or agents, in accordance with CCBCC’s delivery policies in effect, from time to time. CCBCC shall perform maintenance services on the Equipment, at its expense, in accordance with CCBCC’s maintenance and repair policies, in effect from time to time, but shall not be liable for damages of any kind arising out of delays in providing service to the Equipment. CCBCC may, at its option, replace or supplement the Equipment during the term of this Agreement. CCBCC shall have ownership of, and be responsible for removing from the Full service Vending Machines, all monetary proceeds associated with the Products sold from the same.

9. Term and Termination. The initial term of this Agreement shall commence on the Effective Date and shall continue until June 30, 2012 (the “Initial Term”). This Agreement may be terminated, effective at the end of the Initial Term, by either party giving the other party written notice of termination at least ninety (90) days prior to the end of the Initial Term. If not terminated effective at the end of the Initial Term, this Agreement shall continue in full force and effect thereafter until either party gives the other party written notice of termination of this Agreement at least ninety (90) days prior to the effective date of such termination, as specified in such notice. Notwithstanding the foregoing, this Agreement may be terminated by CCBCC, for Cause, at any time during or after the Initial Term, without notice and effective immediately. “Cause” means and refers to (i) a material breach by Sponsoree of this Agreement, including without limitation the exclusivity provisions in Section 3 or (ii) Sponsoree engaging in (A) 4 4844-2512-9987.02

unethical business practices, (B) conduct detrimental to CCBCC, (C) a misrepresentation of the Products or (D) conduct that creates a conflict of interest with respect to Sponsoree and CCBCC.

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10. Representations, Warranties and Covenants. Each of the parties represents and warrants that this Agreement is valid and legally binding upon that party and enforceable in accordance with its terms. Sponsoree represents, warrants and covenants that (i) Sponsoree has the sole and exclusive authority to distribute the Products, and authorize distribution, at the Locations and any Related Activities and to grant the sponsorship rights to CCBCC set forth herein, (ii) Sponsoree has taken all required and advisable action necessary to enter into, and complied with all applicable laws and regulations in entering into, this Agreement and (iii) Sponsoree will ensure that any and all of its employees, agents and authorized representatives shall adhere to the terms and conditions of this Agreement. 11. Confidentiality. (Due to the nature of all municipalities being subject to open records, the balance of this paragraph is not entirely possible. We ask that all participants listed within protect confidentiality to the best of their abilities.

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During the term of this Agreement and for a period of five (5) years immediately following the termination of this Agreement (and for such longer period as may be required to protect trade secrets and comparable rights), Sponsoree shall hold, and shall cause its officers, directors, employees, accountants, counsel, consultants, advisors and agents (collectively, “Designees”) to hold, in confidence, unless disclosure is compelled by judicial or administrative process or by other requirements of law (in which case Sponsoree shall give CCBCC written notice of the intended disclosure promptly after becoming aware of such disclosure requirement and prior to the actual disclosure, if possible, so that CCBCC may seek a protective order or other appropriate remedy), all documents and information concerning the business relationship embodied in this Agreement or which CCBCC or its affiliates furnish to Sponsoree in connection with this Agreement, except to the extent that such information can be shown to have been (i) previously known on a nonconfidential basis by Sponsoree, (ii) in the public domain through no fault of Sponsoree or (iii) later lawfully acquired by Sponsoree from sources other than CCBCC or its affiliates; provided, that Sponsoree may disclose such information to its Designees in connection with the business relationship contemplated by this Agreement so long as such Designees are informed by Sponsoree of the confidential nature of such information and agree to treat such information as confidential. Upon the termination of this Agreement, Sponsoree shall, and shall cause its Designees to, destroy or deliver to CCBCC, upon request, all documents and other materials, and all copies thereof, obtained by them or on their behalf from CCBCC or its affiliates in connection with this Agreement. The provisions of this Paragraph shall survive the expiration or termination of this Agreement, regardless of the date, cause or manner of such termination. 12. Indemnification. CCBCC agrees to indemnify and hold Sponsoree harmless from and against, and to pay to Sponsoree, any and all losses, claims, demands, liabilities and damages incurred by Sponsoree, including without limitation reasonable attorneys’ fees and court costs, directly arising out of, directly relating to or in connection with, the defective manufacture of the Products. Sponsoree agrees to indemnify and hold CCBCC and any affiliated entity harmless from and against, and to pay to CCBCC, any and all losses, claims, demands, liabilities and damages incurred by them, including without limitation reasonable attorneys’ fees and court costs, arising out of, relating to or in connection with (i) Sponsoree’s negligent or wrongful acts or omissions in the distribution of the Products, (ii) any breach by Sponsoree of any provision of this Agreement or (iii) any confiscation or encumbrance of the 5 4844-2512-9987.02

Equipment. The city attorney has advised that municipalities cannot indemnify under these highlighted circumstances.

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13. Insurance. During the term of this Agreement, Sponsoree shall maintain commercial general liability insurance with limits of no less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate from an insurer which is A.M. Best Company rated A- or higher. Any such policy shall be endorsed to specifically name CCBCC and its subsidiaries, affiliates, successor and assigns as additional insureds. Sponsoree shall provide any certificates of insurance to CCBCC upon request, and all such certificates shall indicate that thirty (30) daysâ&#x20AC;&#x2122; prior written notice to CCBCC of cancellation or non-renewal is required. *The city attorney has advised that municipalities cannot maintain commercial general liability insurance. 14. No License. Nothing contained in this Agreement shall be deemed to grant Sponsoree any right in, or license to, any intellectual property of CCBCC or its affiliates, and Sponsoree shall not copy, reproduce, distribute or otherwise use any trademarks, service marks, logos or slogans of CCBCC or its affiliates, without the prior written consent of CCBCC.

15. Notices. Any and all notices or communications between the parties with respect to this Agreement shall be deemed given when made in writing and delivered by hand or sent by first-class mail (registered or certified, with return receipt requested), overnight courier (guaranteeing next business day delivery) or by facsimile (followed by first class mail confirmation), to the address of the party appearing under its name on the signature page below (or to such other address as may be designated in a notice given hereunder).

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16. Equitable Relief. Sponsoree acknowledges that the rights granted to CCBCC hereunder are special, unique and extraordinary and are of indeterminant value, the loss of which cannot be fully compensated by damages, actions at law or by application of other remedies described herein. Consequently, Sponsoree acknowledges and agrees that, in addition to any other available remedies hereunder, in the event of a breach by Sponsoree of its obligations hereunder, CCBCC shall be entitled to seek and obtain equitable relief, including an injunction requiring the Sponsoree to comply fully with its obligation under this Agreement. Further, CCBCC shall have the right to withhold, and not pay, further Sponsorship Fees or any other amounts that would otherwise become due and payable to Sponsoree hereunder if, and so long as, Sponsoree is in breach of its obligations hereunder. 17. Miscellaneous. This Agreement shall not be assigned or transferred by Sponsoree without the prior written consent of CCBCC, and any such attempt to assign or transfer this Agreement without the prior written consent of the other party will be null and void. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. No waiver by any party of any breach by another party of any provision hereof shall be deemed to be a waiver of any other breach thereof or as a waiver of any such or other provision of this Agreement. This Agreement is made and executed with the intention that the construction, interpretation and validity hereof shall be determined in accordance with and governed by the laws of the State of North Carolina (location of CCBCCâ&#x20AC;&#x2122;s headquarters). This Agreement constitutes the entire contract between the parties with respect to the subject matter hereof and supersedes and cancels all prior or contemporaneous oral or written contracts and understandings with respect to the subject matter hereof. All Exhibits attached hereto are hereby incorporated herein by reference. This 6 4844-2512-9987.02

Agreement may not be changed or modified orally, but only by an instrument in writing, signed by the parties hereto, which instrument states that it is an amendment to this Agreement. Except as equity may require, should any provision of this Agreement or any part thereof be held to be invalid or unenforceable, the same shall not affect or impair any other provision of this Agreement or any part thereof, and the invalidity or unenforceability of any provision of this Agreement shall not have any effect on or impair the obligations of a party with respect to the remaining provisions of this Agreement. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one Agreement.

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City attorney wanted it noted that local Rutherford County, TN jurisdictions for this account must also be considered.

IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the Effective Date. “CCBCC”

“Sponsoree”

CCBCC OPERATIONS, LLC

City of La Vergne Parks and Recreation

By: Name: Title:

City of La Vergne Parks and Recreation 5093 Murfreesboro Rd La Vergne, TN 37086 Attention: Robert Smith

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Coca-Cola Botting Company Consolidated 4100 Coca-Cola Plaza Charlotte, NC 28211 Attention:

7 4844-2512-9987.02

Exhibit A

CCBCC OPERATIONS, LLC MASTER SALES AND SPONSORSHIP AGREEMENT (City of La Vergne Parks and Recreation) LOCATIONS, SPONSORSHIP FEES, MARKETING FUNDS, PRODUCT SUPPORT AND SPONSORSHIP BENEFITS A. Locations

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5093 Murfreesboro Rd La Vergne, TN 37086 La Vergne Pee Wee @ 115 Floyd Mayfield La Vergne Little League @ 115 Floyd Mayfield La Vergne Senior League @ 5090 Murfreesboro Rd La Vergne Adult Softball @ 5093 Murfreesboro Rd La Vergne Hockey @ 115 Floyd Mayfield La Vergne Football @ 115 Floyd Mayfield B. Sponsorship Fees

The annual Sponsorship Fee during the Initial Term of this Agreement shall be One Thousand and 00/100 Dollars ($1,000.00). Subject to submission of an invoice by Sponsoree to CCBCC, the annual Sponsorship Fee shall be payable in two, equal installments by the applicable payment due dates set forth in the chart below. Payment Due Dates 7/31/11

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Agreement Year Year 1

During the Initial Term of this Agreement, CCBCC will pay Sponsoree a rebate for each case of Product sold to Sponsoree by CCBCC. Rebates shall be computed by CCBCC not less frequently than annually and paid by CCBCC to Sponsoree no later than thirty (30) business days after the end of each contract year, or otherwise in accordance with the payment policies of CCBCC in effect from time to time. Package 20 oz. CSD 20 oz. PowerAde 20 oz. Dasani 12 oz Can Tum E Yummies

Units Per Case 24 24 24 24 12

Rebate Per Case $1.00 $1.00 $1.00 $1.00 $0.50

* This agreement shall roll over year after year, with the same sponsorship being paid at the end of each July, and annual rebates being paid at the end of each year, for as long as both parties agree.

A-1 4844-2512-9987.02

C. Marketing Funds The annual Marketing Funds during the Initial Term of this Agreement shall be Zero and 00/100 Dollars ($__,0.00). D. Product Support Each year during the Initial Term of the Agreement, CCBCC will provide One hundred (100) cases of Product in 12 oz. Cans or 12 oz. Dasani Water Bottles at no additional cost to Sponsoree.

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E. Sponsorship Benefits CCBCC shall receive the following sponsorship recognition and support from Sponsoree free of charge, without further payment from CCBCC:

1. Sampling. The exclusive right to sample Products at the Locations or Related Activities to the exclusion of Competing Products and any distributors of Competing Products.

2. Advertising. The exclusive right to market, promote or advertise the Products at the Locations and any Related Activities and CCBCCâ&#x20AC;&#x2122;s sponsorship of Sponsoree and any Related Activities in the marketplace.

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3. Trademarks. The right to have all Vending Machines display the trademarks or the brand names of Products owned or controlled by or licensed for the use of CCBCC or an affiliate.

A-2 4844-2512-9987.02

Exhibit B

CCBCC OPERATIONS, LLC MASTER SALES AND SPONSORSHIP AGREEMENT (City of La Vergne Parks and Recreation) MINIMUM AMOUNTS, PRICES, DELIVERY FEE, VEND RATES AND COMMISSIONS A. Minimum Amounts

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The minimum amount of Products to be (i) sold by CCBCC through Full service Vending Machines and/or (ii) purchased by Sponsoree for resale through Direct Sales Vending Machines and Cold Cases, during any annual period hereunder, shall be as follows: Distribution Method Direct Sales (Vending Machines/Cold Cases) Full Service Vending Machines

Minimum Cases 0 0

B. Prices

1. Prices and Adjustments. During the term of this Agreement, CCBCC will sell to Sponsoree the Products, for purposes of Sponsoree reselling such Products through Direct Sales Vending Machines and Cold Cases, as specified herein. For the convenience of the parties, the prices of the Products as of the Effective Date are as follows: Product 20 oz Carbonated Soft Drinks 20 oz. Dasani 20 oz. PowerAde Tum E Yummies 12 oz. Cans

Price/Unit $0.79 $0.46 $0.79 $0.56 $0.38

# Units/Case 24 24 24 12 24

16 oz. Full Throttle/NOS 2 Liter 18.5 oz. Fuze 20 oz. Vitamin Water

$0.00 $0.00 $0.00 $0.00

24 8 12 24

Premix Tank

$0.00

5.0 Gallon Bag-In-Box 2.5 Gallon Bag-In-Box 20 lb CO2

$0.00 $0.00 $0.00

5.0 2.5 1

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Price/Case $19.00 $11.00 $19.00 $6.75 $9.00

The prices for the Products may be adjusted by CCBCC, from time to time, during the term of this Agreement. Any such adjustment shall be made by CCBCC in good faith and may take into account, among other things, increases in any prices, costs, fees, charges or taxes associated with or applicable to CCBCC’s production, acquisition, distribution or sale of the Products.

2. Invoices and Payment. CCBCC shall invoice Sponsoree for Products sold to Sponsoree in accordance with CCBCC’s usual and customary practices in effect from time to time. Sponsoree shall pay to CCBCC the full amount of such invoices no later than thirty (30) business days after the date of the invoice. If Sponsoree fails to pay such amounts as provided B-1 4844-2512-9987.02

herein, Sponsoree shall pay interest on all overdue amounts at the rate of one and one-half percent (1.5%) per month compounded monthly (or such lesser rate as is mandated by applicable law). Sponsoree agrees that it shall pay all of CCBCC’s costs and expenses (including reasonable attorney’s fees and court costs) incurred by CCBCC in collecting any amount not paid when due hereunder and in otherwise enforcing the terms and conditions of this Agreement. Any failure by Sponsoree to pay an invoice shall constitute a material breach of this Agreement. CCBCC may offset against any Commission otherwise due hereunder, any such amounts, costs and expenses due to CCBCC in conjunction with such Product sales. C. Delivery Fee

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During the term of this Agreement, Sponsoree shall pay to CCBCC a monthly delivery fee on all full service vending machines based on CCBCC’s delivery fee schedule in effect from time to time. Each quarter during the term of this Agreement, CCBCC shall deduct the total amount of all monthly delivery fees for such quarter from any Commission otherwise due and payable by CCBCC to Sponsoree for such quarter. Additionally, Sponsoree shall pay to CCBCC a delivery fee on all direct sales deliveries made during the term of this Agreement based on CCBCC’s delivery fee schedule.

B-2 4844-2512-9987.02

Exhibit C

CCBCC OPERATIONS, LLC MASTER SALES AND SPONSORSHIP AGREEMENT (City of La Vergne Parks and Recreation) EQUIPMENT Installation Site at the Locations

Other Equipment Listing

Installation Site at the Locations

Pee Wee Pee Wee Little League (Youth Trip) Youth Football Senior League Adult Softball

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MT49 (2) MT27 (1) MT49 (2) MT49 (2) MT49 (1) MT27 (1)

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Full service Vending Machine Listing

C-1 4844-2512-9987.02

ORDINANCE #2011-27 AN ORDINANCE TO AMEND THE FIVE YEAR CAPITAL PLAN AND THE FISCAL YEAR 2011-2012 WATER AND SEWER FUND BUDGET TO ADD THE ASSISTANT PUBLIC WORKS DIRECTOR POSITION. BE IT ORDAINED By the Board of Mayor and Aldermen of the City of La Vergne as follows: The 2011-2012 Budget is hereby amended for the Water and Sewer Fund by providing for:

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SECTION 1.

Increased Expenditure for account numbers: 52300

Water Maintenance

62,000

Total Fund Uses

Total Fund Balance/Uses Decrease

SECTION 2.

62,000

The Five Year Water and Sewer Capital Plan be amended as shown in Exhibit “A”, which is incorporated by reference as if fully set out herein.

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THIS ORDINANCE SHALL TAKE EFFECT FROM AND AFTER THE DATE OF FINAL PASSAGE, THE PUBLIC WELFARE REQUIRING IT. LEGAL STATUS PROVISIONS

Approved by the Mayor and Board of Aldermen:

________________ 1st Reading

_____________________________________ Senna Mosley, Mayor

________________ 2nd Reading

ATTEST:

________________ Public Hearing

_____________________________________ Bruce E. Richardson, City Recorder Published in the Daily News Journal on ________________________.

ITEM

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EXHIBIT "A"

CITY OF LA VERGNE

TYPE OF IMPROVEMENT

WATER

Water Treatment Plant Filter Cells Small Dia Replace 24" Wtr Line Stones River Rd 18" Wtr Line near Stones Rvr Roundabout Water Storage Tanks Pump Station Waldron Rd 12" Water Line Blair Rd Emerg Supp Conn Smyrna Corps of Engineer Acreage PPE all PW Employees OSHA Train all PW Emp Certified Safety Officer/Trainee Planner Con Sp Teck Trng W/S Public Works Asst. Director / Planner / Safety Cordinator Vehicle Warning Dev & Markings

18 19 20 21 22 23 24 25 26 27 28

SEWER Fergus, Hollandale,Hurricane Creek, other Rehabilitation Flow Monitoring Mc Farland odor Control Solid Disposal System Interstate PS Misc, Master Plan MWS Flow Meter Electronics Waters Edge, Hickory Springs PS Rehab General Sewer Rehab General PS Rehab Laborer 3 Camera Trk Operator

635,000

FISCAL YEAR 2012-13

FISCAL YEAR 2013-14

TOTAL

FISCAL YEAR 2014-15

FISCAL YEAR 2015-16

FISCAL YEAR 2016-17

FISCAL YEAR 2017-18

Amended

FISCAL YEAR 2018-19

FISCAL YEAR 2019-20

635,000 75,000 795,000 1,650,000 0 0 0 0 500,000 2,100,000

0 75,000 846,000 1,650,000 0 2,000,000 0 0 0 0

678,000 0 750,000 2,000,000 700,000 0 0 0

632,000 0 0 0 0 825,000 0 0

0 0 0 0 0 0 0 0

10,000 62,000 20,000

63,860

65,776

67,749

69,782

71,875

575,000 30,000 40,000 30,000 100,000 125,000 25,000 150,000 300,000 170,000 0

575,000 0 0 0 100,000 125,000 75,000 150,000 300,000 170,000 51,500

200,000 0 0 0 0 125,000 25,000 70,000 300,000 170,000 53,045

575,000 0 0 0 0 125,000 0 0 300,000 170,000 54,636

0 0 0 0 0 125,000 0 0 300,000 170,000 56,275

0 0 0 0 0 0 0 0 0 0 57,964

59,703

61,494

63,339

2,293,000

7,365,360

5,579,821

5,420,385

2,178,057

129,839

133,734

137,746

141,878

0 0 0 0 0 0 0 0 8,500 12,500

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

FISCAL YEAR 2011-12

5- 10 YEAR CAPITAL PLAN

74,031

76,252

78,540

September 6, 2011

FISCAL YEAR 2020-21

80,896

65,239

TOTAL

1,270,000 150,000 2,951,000 3,300,000 750,000 4,000,000 700,000 825,000 500,000 2,100,000 8,500 12,500 0 0 10,000 710,761 20,000

1,925,000 30,000 40,000 30,000 200,000 625,000 125,000 370,000 1,500,000 850,000 523,194

146,135 23,525,954

ITEM

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EXHIBIT "A"

CITY OF LA VERGNE

TYPE OF IMPROVEMENT

EQUIPMENT

1 2 3 4 5 6 7 8 9

WATER 3/4 ton 4x4 Truck 3/4 ton 4x4 Truck 1/2 ton 2x4 Truck In Closed Cab Mini X 4x4 Caterpillar Backhoe 1500 lb Ram Hammer 4x4 Caterpillar Backhoe Extended Reach Valve operator Electronic Read Meters SEWER

10 11 12 13 14 15

Hoist for truck 3/4 4x4 Truck Camera Truck Building Renovation Repair/Rehab lines Repair/Rehab Manholes

FISCAL YEAR 2011-12

FISCAL YEAR 2012-13

5- 10 YEAR CAPITAL PLAN

FISCAL YEAR 2013-14

FISCAL YEAR 2014-15

FISCAL YEAR 2015-16

FISCAL YEAR 2016-17

FISCAL YEAR 2017-18

28,000 19,000 0 48,000 0 0 0 0 50,000

0 0 16,500 0 94,000 18,000 76,000 52,750 50,000

28,000 19,000 0 0 0 0 0 0 50,000

0 0 16,500 0 0 0 76,000 0 50,000

0 19,000 16,500 0 0 0 0 0 50,000

0 0 0 0 0 0 0 0 50,000

3,000 28,000 0 20,000 85,000 30,000

0 0 0 0 85,000 30,000

0 28,000 0 0 85,000 30,000

0 0 0 0 85,000 30,000

0 26,000 0 0 85,000 30,000

0 0 0 0 0 0

50,000

Amended

FISCAL YEAR 2018-19

50,000

FISCAL YEAR 2019-20

50,000

September 6, 2011

FISCAL YEAR 2020-21

50,000

TOTAL

56,000 57,000 49,500 48,000 94,000 18,000 152,000 52,750 500,000

3,000 82,000 0 20,000 425,000 150,000

WATER BILLING Ford Ranger Billing Software & Equip Billing Clerk Monitors, Printer, Telecheck

15,000

16 17 18 19

TOTAL

2,000

5,000

313,000

442,250

240,000

272,500

226,500

39,103

40,276

41,484

42,729

44,011

89,103

90,276

91,484

92,729

94,011

30,000 0 207,603 7,000

1,951,853

RESOLUTION #2011-21 A RESOLUTION OF THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF LA VERGNE, TENNESSEE, AUTHORIZING THE ISSUANCE, SALE, AND PAYMENT OF GENERAL FUND TAX ANTICIPATION NOTES NOT TO EXCEED TWO MILLION DOLLARS ($2,000,000).

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WHEREAS, the Board of Mayor and Aldermen of the City of La Vergne, Tennessee, (the “Local Government”) has determined that it is necessary and desirable to borrow a limited amount of funds to meet appropriations made for the General Fund (the “Fund”) for the current fiscal year, being July 1, 2011, through June 30, 2012, inclusive, (the “Fiscal Year”), in anticipation of the collection of taxes and revenues for the Fund during the Fiscal Year; and

WHEREAS, under the provisions of Part I, IV, and VIII of Title 9, Chapter 21, Tennessee Code Annotated (the “Act”), local governments in Tennessee are authorized to issue and sell interest-bearing tax anticipation notes in amounts not exceeding sixty percent (60%) of the Fund appropriation for the Fiscal Year upon the approval of the State Director of Local Finance; and WHEREAS, the Board of Mayor and Aldermen finds that it is advantageous to the Local Government to authorize the issuance and sale of tax anticipation notes; NOW, THEREFORE, BE IT RESOLVED, by the Board of Mayor and Aldermen of the City of La Vergne, Tennessee, as follows:

That, for the purpose of providing funds to meet certain appropriations for the Fiscal Year, the Chief Executive Officer of the Local Government is hereby authorized in accordance with the terms of this Resolution to issue and sell interest-bearing tax anticipation notes in a principal amount not to exceed Two Million Dollars ($2,000,000) (the “Notes”) at either a competitive public sale or at a private negotiated sale upon approval of the State Director of Local Finance pursuant to the terms, provisions, and conditions permitted by law. The Notes shall be designated “General Fund Tax Anticipation Notes, Series 2011”; shall be numbered serially from 1 upwards; shall be dated as of the date of issuance; shall be in denomination(s) as agreed upon with the purchaser; shall be sold at not less than par value and accrued interest; and shall bear interest at a rate or rates not to exceed five per cent (5%) per annum, and in no event shall the rate exceed the legal limit provided by law.

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Section 1.

Section 2.

That, the sum of the principal amount of the Notes, together with the principal amount or amounts of any prior tax anticipation notes issued during the Fiscal Year, does not exceed sixty percent (60%) of the Fund appropriation for the Fiscal Year.

Page 1 of 3

Section 4.

Section 5.

That, the Notes shall be secured solely by the receipt of taxes and revenues by the Fund during the Fiscal Year.

That, the Notes shall be subject to redemption at the option of the Local government, in whole or in part, at any time, at the principal amount and accrued interest to the date of redemption without a premium.

That, the Notes shall be executed in the name of the Local Government and bear the manual signature of the chief executive officer of the Local Government and the manual signature of the City Recorder with the Local Government seal affixed thereon; and shall be payable as to principal and interest at the office of the Finance Director of the Local Government or the paying agent duly appointed by the Local Government. Proceeds of the Notes shall be deposited with the General Fund of the Local Government and shall be paid out for the purpose of meeting Fund appropriations made for the Fiscal Year in anticipation of the collection of revenues and taxes pursuant to this Resolution and as required by law.

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Section 6.

That, the Notes may be renewed from time to time and money may be borrowed from time to time for the payment of any indebtedness evidenced by the Notes; provided, that the Notes and any renewal notes shall mature and be paid in full without renewal on or before the end of the Fiscal Year. If the Local Government overestimates the amount of taxes and revenue collected for the Fiscal Year and it becomes impossible to retire the Notes and all renewal notes prior to the close of the Fiscal Year, then the Local Government shall apply to the State Director of Local Finance within ten (10) days prior to the close of the Fiscal year for permission to issue funding bonds to cover the unpaid Notes in the manner provided by Title 9, Chapter 11 of Tennessee Code Annotated or as otherwise provided for in a manner approved by the State Director of Local Finance.

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Section 3.

Section 7.

That, the Notes shall be in substantially the form attached hereto and shall recite that that notes are issued pursuant to Title 9, Chapter 21, Tennessee Code Annotated.

Section 8.

That the Notes shall be sold only after the receipt of the approval of the State Director of Local Finance for the sale of the Notes.

Section 9.

That, all orders or resolutions in conflict with this Resolution are hereby repealed insofar as such conflict exists and this Resolution shall become effective immediately upon its passage.

Duly passed and approved this 6th day of September, 2011.

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___________________________ Senna Mosley, Mayor ATTEST:

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___________________________________ Bruce E. Richardson, City Recorder

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SAMPLE TAX ANTICIPATION NOTE FORM The City of La Vergne of the State of Tennessee $_____________________ GENERAL FUND TAX ANTICIPATION NOTE, SERIES 2011 INTEREST RATE

MATURITY DATE

_________________, 20___

___________%

_________________, 20___

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The Board of Mayor and Aldermen of the City of La Vergne (the “Local Government”) of the State of Tennessee hereby acknowledges itself indebted, and for value received hereby promises to pay bearer the sum of Two Million Dollars ($2,000,000) (the “Principal Sum”) on or before the Maturity Date (specified above) (unless this note shall have been duly called for prior redemption and payment of the redemption price shall have been duly made or provided for), upon presentation and surrender to the Local Government or its agent, and to pay from the date hereon interest on the Principal Sum on _________________________, and thereafter on the _________________________ at the Interest Rate per annum (specified above), by check or draft mailed to the bearer, at the address below. Both principal of and interest on this note are payable at the office of the Finance Director or a paying agent duly appointed by the Local Government in lawful money of the United States of America. This note is secured solely by the receipt of taxes and revenues to be received by the General Fund (the “Fund”) during the current fiscal year of the Local Government, being July 1, 2011 through June 30, 2012, inclusive (the “Fiscal Year”). This note is subject to redemption prior to its stated maturity in whole or in part at any time at the option of the Local Government upon payment of the principal amount of the note together with the interest accrued thereon to the date of redemption without a premium. This note is issued under the authority of Parts I, IV, and VIII of Title 9, Chapter 21, Tennessee Code Annotated, and a resolution duly adopted by the Local Government on September 6, 2011, to provide funds in anticipation of the collection of taxes and revenues for the Fund during the Fiscal Year in an amount not exceeding sixty percent (60%) of the total Fund appropriations for the

Fiscal Year. The Maturity Date specified above shall not exceed the end of the Fiscal Year. Title 9, Chapter 21, Section 117, Tennessee Code Annotated provides that this note and interest thereon are exempt from taxation by the State of Tennessee or by any county, municipality or taxing district of the State, except for inheritance, transfer and estate taxes and except as otherwise provided under the laws of the State of Tennessee.

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IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this note do exist, have happened and have been performed in due time, form and manner as required by the Constitution and laws of the State of Tennessee, and that the amount of this note, together with all other indebtedness of the Local Government, does not exceed any constitutional or statutory limitation thereon, and that this note is within every constitutional and statutory limitation.

IN WITNESS WHEREOF, the Governing Body of the Local Government has caused this note to be executed in the name of the Local Government by the manual signature of the Mayor, and countersigned and attested by the manual signature of the City Recorder, with the Seal of the Local Government affixed hereto or imprinted hereon, and this note to be dated as of the ___________day of ______________________, 20___.

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Duly passed and approved this ___________day of _____________________, 20_____. ________________________________ Mayor

ATTESTED: _________________________________ City Recorder