Board of Zoning Appeal & Regional Planning Commission - Regular Meeting

I've got the 6:00. So, we have nothing on the agenda for board of zoning appeals tonight, so we'll move right on into planning commission. I call the meeting to order. If you all would, let's go to the Lord in prayer. Dear heavenly Father, we come to you just thanking you for another day, dear God, and all the blessings that you give us. We thank you for the life, help, and guidance that you bless us with. We pray, Lord, that you'll be pleased with how we went about our thanks so far. Dear God, we just ask as we're going into this meeting tonight with the planning commission that you would guide our thoughts, dear God, our intentions, our words, our actions. May everything that we do here tonight be pleasing to you. We lift up those in our community, dear God, who are sick and hurting. We pray you'd be with them and have your will and your way in their lives. We ask you be with our leaders at the county level and the state level, federal level, dear God, just uh just give them the insights you would have them to have, dear God. And may what they do be pleasing to you as well. We love you and we thank you, dear God, for everything. But most of all, we thank you for your son, for Jesus and what he did on the cross for each and every one of us. And it's in his name we ask these things, giving thanks. Amen.

[clears throat] Attention. Salute. Pledge. I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice [clears throat] for all. [laughter] [clears throat]

And uh I personally received your packets and had an opportunity to look over those. The minutes from last month's meeting are finished. We have proper motion. We have a second. I'll second. I have a second. Any discussion on that? Being none, all those in favor of approving the March minutes, signify by saying "Aye." Aye. All opposed? Passes. Right on down to item Citizen's input. And if you will, when I call your name, please step forward, state your address, name and address, and then you'll have roughly 3 minutes to speak. First one up tonight is Mr. Jim Fox.

[clears throat] [clears throat]

Uh my name is Jim Fox. I live in Trailwood Drive. Um I would come to speak about item 8, plan approval for the three lots on Pine Forest Drive. Really, I just have some information and questions. Um I didn't wasn't aware of this till this morning, actually. So, I'm really looking for more information. Uh what is the plan for dividing So, dividing that? Uh one of the lots has been partially graded for a home site. But, uh honestly, I'm not sure if it if it could be set up there. [clears throat] And they're already gone. And then are the other lots buildable or could they have a septic? Uh the top top half of the previous is probably not. And if there are steep slopes and grades, uh because it's essentially a ravine uh of 20 to 30% of the grade zone. So, I'm not sure if it would even be buildable or or be accepted. So, Okay, the question comes back to Well, what is the plan for these three lots? And um I hope to this commission can answer those questions and that's all I have. Thank you. Thank you, Mr. Cox.

[clears throat] Next person up is uh Glenda Nicksmith. [cough] [clears throat]

Glenda Nicksmith, 37626 Silent Creek Road, Sevierville, Tennessee 37862. Um Jefferson County Um I just live on the other side of the way and my mailing address is Sevierville. Um I'm here about item C. I'm hearing it's Chapel Road. Um it is partial uh 001.19. This is a bridge that goes along and as I've looked at it, I just have several questions to uh be discussed tonight. Number one is how they're going to do a road through this development. And prior to this tonight's meeting, I did go in and look at it and it looks like they're going to have It looks like a lot of lots with small buildings. So, are they doing like very small overnight rentals and what are the sizes of them because tiny homes are not allowed um in our area in Jefferson County. Um I think they have 23 on there and in 19 acres, that, you know, is quite dense if they're actually putting homes on it. I think previously we heard three or four lots and that looks like that's changed. Um secondly, it looks now like they have two roads, but from the fire department access, how wide are those roads going to be? They're going to be private roads and are we going to be able to get um the fire trucks up? Are they going to allow any parking on those roads so we can get through? They're They're going to be rentals, how are they going to regulate that? Um, three, how are they going to provide their water to these folks? It looks like they're going to do septics for each location, and if so, they already hooked it

or is it just designed where they're going to plan on hooking it up? Um, so the size of the units, how are they going to deal with those septics, and um the number of units and emergency access are my concerns. Thank you, Mr. Mr. Smith. And next up for citizen input is James E. Carmichael. Good evening. Mr. Appreciate Yeah, appreciate y'all letting me speak. So you know, I'm here on the south end James E. Carmichael, 1325 Kellogg Drive, Kellogg Town. And I'm in the mission of the ninth district, and I'm here to speak to you to say you know about the the old Naples property on McColl Road. And there's been a lot of discussion about it, and it is my district. I haven't had a moment to come here to speak to y'all about this to say nothing. But here I am, so it's kind of weird being on this end. Speaking of weird, this is kind of weird, but um you know, that that land out there is a solid CT. And you know that the people in the community feel that it's being used as Carver's Curve. You got a lot of out-of-town trucks running in and out there. You know, you are in a rural setting, but what I see is a storage facility for industrial equipment. You're not seeing regular equipment. This may be a trash company. I'm a businessman of sale town, and I'm very pro-business, and I'm very anti I'm all for home home owners' rights and property owners' rights, and you know, what I'm seeing being at this this property here in question being used for is the fact that it's now time to tell you that it's leased in this property and they're looking at buying. And if they buy it, you know, you're we're we're going to be opening another can of worms here. And what I would like to see is if this community clarify the uses of C-2 and industrial. Cuz what I'm seeing as [clears throat] I have, I've actually toured this place here, there's a lot of industrial out

here. When when you see men walking around with hard hats, safety vests on, wearing all the safety equipment, they're working at an industrial project like that. And you know, I think probably this [clears throat] is another one of the zoning deals that we need to look at and we need to say, "Hey, maybe we need to make some adjustments to this. Maybe we need to look at the at the traffic." I mean, the trucks that's coming in there, it's not like it's a Jefferson County truck. It's not. The trucks that are coming in there are over the highway trucks. Jefferson County does not tax dollars outside of the property tax that they that they The owner of that property is actually paying. So, everything else is free to that company since they're not in Missouri. You know, I would like to see that business stay here and flourish, but I feel like it would be better served if they was in a better spot that is more that more fits what they do. Because you're you're having seriously heavy trucks, big hard drills, and you know, it would be different if if somebody to me if they actually lived there, if they actually partook in the business, but this is an outside business from out of state. I looked at six different trucks there. They're all tagged in Missouri. Every truck tire has a Missouri highway address. So, they come in here, they're using Jefferson County, they're using our infrastructure. So, where does it Where's the part of Jefferson County? And that's what I'm asking is we need to clarify some rules,

[laughter]

whatever types. I spoke with the the attorney today. I am the of the county commission, and uh we discussed it in length. And you know, there's some loopholes out there that probably needs to be closed up with some clarification. We need some clarification of what's going on out there. It is What they're doing is perfectly fine, then they then folks they deserve an answer. They deserve a straight-up answer that says yes, they're good or no, they're not. So, that's what I'm here to ask. I'm not here to tell you what your job is. I'm just saying that I would like to see some clarity to where everybody understands what's going on and why it's going on. I thank you all for your service. Thank you. Thank you, Mr. Carman. And that concludes the citizen's input for tonight. Before we move on into new business, I'll excuse you. I need to pass the thank you. Oh, oh, thank you. Very, very much. Uh we had a motion to table some stuff last week or last month, pardon me. And uh that was from Mr. Nelson about rules and some things he would like to take a look at. Uh Mr. Nelson is not able to be with us tonight, and that is going to be a topic we've discussed over the past couple of months, and I would definitely like him to be here whenever we go through this. And uh so, I'll bring it off the table. I believe that's in my purview to do that, but I would ask for someone to make a motion to table it and postpone it until the day that he can be with us. I'll do that. So, Uh Mr. Chairman, Yes. move that items F and G be postponed to our May Okay, we have [clears throat] proper motion. You have second. And the items F and G. Items F and G, and that's the development standards for mining and mineral extraction, and I think he was supposed to get us information on that, which I have not received that yet, I don't know.

And then the discussion of proposed procedural rules and bylaws of Jefferson County Regional Planning Commission. We have motion by Alton Brooks, second Randy Fields. We have any discussion on this? Being none, all those in favor of postponing items F and G to the May meeting, let me know by saying aye. Aye. All opposed? Motion passed. Thank [clears throat] you, Alton. Thank you. Now we're into new business and the first item is item A, final plat approval of three lots of Ponderosa Drive and Dandridge Ponderosa Ranch Farms. Lot one by Jerry and Alice Waite. Are they here or anyone representing them? Jerry or Alice? Either one. They're not here. I would entertain a motion to postpone both following items to next month. Mr. Chairman, I move to postpone item A to our May meeting. Okay, we have proper motion by Jeff Dixon, seconds motion. We have any discussion on that? Being none, all those in favor of postponing item A till next month, let me know by saying aye. Aye. All opposed? Motion passed. Moving on down to item B, commercial site plan for a new office building and warehouse to be constructed at 1369 Highway 11 in New Market to buy Appalachian Construction and Design LLC. John Ball. Is Mr. Ball here? I'm here. Good job. Thank you. You're very welcome.

I'm going to go ahead and let the fire department know that our planner had a couple comments on this and I'm going to turn it over to her and let her speak to you about the yard. Okay. First off, I will compliment your site plan. It is very nice. I did have a question on page C200 which is you didn't provide your interior dimensions of the office building. I think it's fine for inspection purposes but I think that needs to be done. The other question I have really of any magnitude and it may just be the scale, I couldn't couldn't really see. The back portion of the warehouse [clears throat] are those fire hydrants on the other side? I couldn't tell by your um if those were power lines with power poles or if that was a fire hydrant cuz I believe your all perimeters of the building have to be within 500 ft of a hydrant. So, I wasn't sure that would require placement of a new hydrant. You have one I believe in the front of the office building but the warehouse um Yeah, those are our power poles. Are they? Yeah, they're I have a letter from New Market Utility District. They don't have the infrastructure to support fire hydrants. So, after I got your notes, I went back to the um the water service is a 4-in and it's on the east bound side of Highway 11. So, there's no fire hydrant on that side of the building. Yeah, and so that's I've already submitted an official signed document from New Market Utility District who told me that they can't support fire hydrants down there. Um are you going to sprinkle the office building or anything like that? There's no water line to sprinkle. Yeah, there's no there's no water down there to sprinkle it with. Um

I don't think you have adopted an SCA code. So, I would probably suggest you fire extinguishers. Otherwise, a copy of the Swift before you issue a building permit and a copy of the [clears throat] T-dock and authorized access to the two state offices. Both of those are in review, save that. [clears throat] Yes, sir. As are those. Both of those are in review. I know they are. Thank you, sir. Yeah, just give me a copy at the Yeah, he sent me what they had so far.

Okay, yeah. Notice of intent is already in and it's filed with the state for T-Jacks. So, it's with the eggs right now under review. So, I would recommend then you say you don't have The approved with staff comment with the exception of item two. Forward two. Does anyone have any questions for Mr. Valentine? Make a motion to approve it. We have a proper motion and Full. We have a second. Have a second. Is there any further discussion? It's your motion with the staff comments and my second too. Any further discussion? All those in favor of approving the amendment say I. I. All those opposed.

[clears throat]

I think that carried. Thank you, guys. Yeah, I think we hooked up. I am sorry. I am sorry. We have to Okay, we are to item C. Still going to out of C. Rezoning request from A-1 to RR, rural residential, property out Parish Chapel Road, variable 19 acres by Hart B&B 1 LLC, Jonathan Wackenhut. You have anything here? Sir, how are you? Mr. How are you? Very good. Good to see you. And you were able to receive copy of the planner's comments direct. I'm going to let her walk through the disclosure that we did if you don't mind. Yes, sir. So, the RR zone district, uh which this is not an evaluation of if it's a good idea or not. Uh but it does require that you submit a planned unit development plan,

[clears throat]

which is in article 7.4. And uh the plan has to be prepared by a licensed engineer or architect, preferably. Uh the licensed engineer or architect architect can't fill this kind of plan. Right. Uh so, it should be an engineer. Uh there are a number of developmental criteria that must be addressed. Um the uh there's also a requirement for a conceptual plan, and then a more, I'll say, preliminary planned plan, planned unit development. So, you have to do the preliminary planned plan and a final planned plan uh that accompanies basically this our designation for RR. Um it does benefit both the property owner and the planning commission. It kind of allows planning commission to set its BZA in implementation of comprehensive [clears throat] plan. Um there are some requirements that I'm um uh especially concerned about with regard to um um um uh utility services uh in this situation um these are overnight so you would have to have fire protection. Which makes 6-in tap line. You don't have to get 6-in line. I don't think you're in business. Uh you also there is a a statement in here about um the utility provision of utilities and it while it doesn't say it's sewer I asked Carl to look at it because from your plan that you did submit it looked like you got a whole lot of septic drain line. Is that what the little Okay. Um I don't think he has evaluated it for even feasibility but uh the bottom line

is [clears throat] you're going to have to go back to 7.4 and meet the criteria for this before consideration of the same time as the zone designation is changed or is even considered. Even considered. And again if you don't have a 6-in water line because you are people are sleeping there you have to be uh it's a different state fire code for overnight habitation of a facility of this nature. It would be treated like a hotel which is called community assembly and state of the state pre-empts the local governments when it comes to overnight habitation. So you might want to have your engineer look at all that. Um I'm sorry. Where did you get an engineer to look at it? Uh you would need to get an engineer to look at the preparation of the plan has to be sealed by an engineer. So uh he would evaluate the property for compliance with all this criteria. And if it is present on site, then you can he'll do a plan, he'll seal it, and he can come back and for say with consideration of the zoning. But, for that plan, I wouldn't even recommend that the applicant consider it because if you can't make this criteria, they couldn't approve it. So, you I would I would consult with an engineer. Um one just left the room, I believe. Um and let him advise you appropriately. For instance. Yes. You will bring this back. Like we postpone this next month since we have got to get stuff tonight. How long do you think it'll get all that done in a month? Okay. I think you're doing a good job. Okay. How How about we get get a motion to postpone until you're ready to proceed with I would appreciate it. Okay.

[clears throat]

I'd like to make a motion to do that. Yes. Being that this is a rezoning request, do we not want to deny without prejudice that way they can bring it back up and there's [clears throat] no additional fees that they would incur? We postpone, they should We don't have to deny. We can postpone. That's not what they just showed up for. But it doesn't like go into effect if we have no additional options for taking it No, all it said was additional requirements had They have to act on it within such a a particularly time. We're not going to infringe on their time. I'll make a motion to do that. Uh-huh. I'll make a motion to postpone, so. That take care of your question? I'm good. Okay. You could actually say motion to postpone pending submittal of a third plan. Right.

[clears throat] And I think he understands that completely. He's giving a thumbs up, so I'll entertain a motion to postpone. Motion to postpone. Postpone until we get that plan produced. We have a proper motion. Do we have a second? I'll second. Second. Any further on that? We had a couple of uh seconds. Steve I'll make a second on that. If there's no further discussion, all those in favor of postponement until flood land is provided and the rest of the information we need to get let me know by saying aye. Aye. All opposed? Thanks. Thank you, guys. [clears throat]

You voted. And He's out. He got it. I think I'm finished here. Okay. Next item is uh Item D, rezoning request from A Warren to Mr. Sale. That has been pulled from the map. So, get down and see if there's Item E. Resolution 2026-03 amending the zoning resolution Jefferson County, C, to reflect certain prohibited uses in the all zoning districts and prohibited uses in the I-2 zoning district, solar energy and wind energy systems. Mr. Al Brooks. Al, would you like to speak to this? Yes, thank you, Mr. Chairman. Um I'm good with the document that Catherine has put forth with one thing. Uh what was my original intent was that it would be used as a [clears throat] principal use in the I-1 zone. And I had it being used as a principal use in the I-2 zone. And that's Section 7, correct? Yes. Yes. What are we What is Section 1? No, I didn't want to be You can be in I-1. Yeah. So, in all the zoning districts it can be used as an accessory use.

[clears throat] In any zone you want to use solar panels for the property, that would be allowed in these zones. So anywhere in the county that would be But if [clears throat] you're doing a commercial production facility [clears throat]

that would be in the I-2 zone. That is the end of the document. So in I-1 it would be accessory Yes. [clears throat] Yes. So that's just striking principal out and add accessory to section seven. And then six of April state state That break down. Correct. [clears throat]

And if since you're doing a site plan anyway, uh it would still have to be a site plan approval. Yeah. Yeah. Okay. Is everyone else that after we do this? That group. This is my only question, Mr. May. So You're saying solar would be allowed in I-1? As a principal as principal I beg your pardon. I take We inform the board. Correct. It's allowed everywhere [clears throat]

as an accessory use. Yeah. But this small solar is for the bay. Not in industrial income. It would be a small high profile, but I understand [cough and clears throat]

where I'm going. You know, if you got property you say one I see a lot of solar farms up and down the interstate that are not in industrial land. They are in And land. I've kind of looked into it. Uh Um What about our kids or their kids, you know? You know what I'm saying? I just I'm just not sure that I know there's no money in there right now. I'm going to be government funded. I guess if there's TVA talking it wouldn't really matter what he's talking about. They can make them do it. There is a chance. Right, there is a chance. And that's you're right, that's the only folks who do solar arrays on a vast level. In the A1 or whatever agricultural Yeah, it would still be allowed as accessory. Um Yeah, I bet you're right at some point it may be At some point it may be something. That's just what I'm talking about. Like you said, it's just table. I'm talking about future generations. What are we fixing to push up and play here that's going to I just want to make sure that 150 years from now Brian and his grand kids are sitting here. How much changes is it? Absolutely. You know, we have seen a lot of 100 acre farm blocks that's starting in this area. They have the solar farms and they have them on raised platforms. And they're actually have livestock grazing under these things. But [clears throat] also saying in vegetable production. And they actually done studies they can break it down for you. But they But they done a study that it actually improved plant growth on these types here with the shading. Well, I think because of the sunlight instead of it's coming in it's

[clears throat]

out of the hot house or greenhouse or anything like that. It's the solar. And you probably have solar that's running irrigation pumps now. Actually, yeah. And that would be accessory to the solar farm. Yeah, so if if they got 100 acre pasture goats and they put the solar farm on top of it instead of a accessory to the goat farm. It depends on the size of the farm itself. Uh if it's a producing farm or livestock, there's You only have one principal use. So, even if it's It's like you've got a big [cough and clears throat] farm and you have a pumpkin festival in the fall. You've got a pumpkin festival, you've got a farm. So, it Now, the one thing that concerns me is if PDA leases land. If PDA owns land, it's one thing. Uh and or other kind of

[clears throat] DEA has a bunch of them up here. Um but if PDA is leasing land and still wants to do a large project, um that's a kind of a gray area. [clears throat]

And that's because you've got a private owner. My concern is we see, you know, who controls the federal government subsidies flowing uh towards one initiative or another. We would watch that block of land. And my concern is when the money is flowing towards something like solar panels. And I think I think one day solar panels probably will be much more viable than they are right now. Right now, there is not a positive return on investment. It's subsidized by us. Yeah. So, my concern is these companies that pop up when these subsidies become available, they come in, and they put in solar systems. [snorts] And then what happens once that solar panel has gone its life? Where does all the waste end up? What happens with that land? Does it turn back into agricultural land? Um

[clears throat]

I don't know. To me, it's a little frightening to think 80% of our county could be covered in solar panels. So. [clears throat] Those sites are technically in innovation if they don't take out a royal upgrade or whatever. But I don't know if we have anything that we can make them do that. We have not addressed that. I think so but that's Do we know? I'm going to postpone it if we can look into that because my primary concern is it's a hot thing for 4 years. The administration changes. The money dries up and then we're gone, you know, whatever you know, 200 acres covered in panels and whoever put those in they're going to be [clears throat] gone. They'll be a wreck to wherever and and we're stuck with this. Uh okay, well, I will move to postpone item E to the main meeting.

[clears throat]

Yes. If we can get that as like a part of this document, that might change how we approach it. All right. [clears throat]

Yeah, I'd like to speak too. We have [clears throat] a proper motion. Do we have a second on that? First amendment added to the main meeting. As we got a second, do we have a second? Any further discussion on that amendment? All those in favor vote forward. May we have a show of hands please? All right. All those opposed? Motion passes. We are down to other business. Do you have any other business? Mr. Chairman, as much as I don't like to agree with Jimmy Carmichael, I'm going to have to tonight. I don't want to but I've got to. Uh I do think that the residents of Coral Road are owed an explanation or I I [clears throat] I would like to know too, where are we with that property in question on Coral Road? Is that information readily available? We [clears throat] have We had looked a little earlier at the permitted uses in the C-2 and there are a couple things in question. I think 3 months ago they were given a copy of the allowed uses in C-2 and I have I-1 and they were informed that as long as they were in compliance with the C-2, they were okay. When they crossed that line and got into I-1, there'll be issues. There's the clarity that should take place in permitted uses. And if you were look at C-2, outdoor storage of motor vehicles, it's permitted. If you go over into I-1 and you go down and see [snorts] truck terminals, it's not permitted. But then it's it [clears throat] is permitted in I-1 but it's also outdoor storage of motor vehicles.

It's permitted for both C-2 and I-1. And they are for storing after all of it. Uh and we need to clarify, is that heavy equipment? It's either car storage. And that's going to take some work to get that clarification. Uh There was another one we just looked at. You got fire shops and C2, but it's getting minutes after this. Small wounds. You know. You have warehousing and indoor storage. And there's some of that taking place. I I think we need to work to get some more clarity. Of course, we'll have to come up with what that is. How much warehousing? What's the square footage like? Or the barn. You know. We're going to have to do some work on that. We'll have to come up with the clarity of each one of those. And then we'll have to send that to the county commission. Get that yes or no. So, if there is a an interpretation of your existing zoning, Yeah. It would

It's not available. It would be appealed to the board of zoning appeals. And But if we want to make changes, If you're going to make changes, Yes, sir. No, it has to go before this body. You have to draft something. And then it would have to go have a recommendation for or against, then go to the county commission. If you're wanting to an interpretation prior to going that route, you would appeal either the staff decision or the planning commission's decision to the board of zoning appeals. And this is the interpretation of what we have. This is what we

Yeah, this but did did that comes before this zoning and this board? No. Now, one thing I know is that um the issue about them having a TDOT permit. Um I contacted TDOT and asked them about it. And as far as their permit goes, it is only for state routes. They have no authority to allow or permit the weight of a uh vehicle on any county road or street. So, when they say that that they don't have anything at all from and that would come from the road department road commission or to make that determination. And or if they are damaging the road in a way that they should be disciplined as far I know Joe has been talking about this and so has Kathy as well. So, how do [clears throat] they how does this community need to look forward and they're questioning the use of the property. I mean, I would suggest that they bring probably an appeal to BZA. To BZA. And ask them for interpretation that they're challenging the interpretation of the zoning. And that what they're doing has to be in line with what are your seven zoning allowed uses and intensity uh etc. etc. Or does it fit more within the industrial area? Uh the heavy loads of the roadway TDOT has said not our decision. So, it may have been that the county road commission wants to weigh in on the discussion. But unless there's somebody aggrieved

I think there are others. So, there are some others. folks. Actually Joe Joe was here previous meeting. And he did weigh in on the already about the way that he said that they were going to do some some investigation. I did look into that. I spoke to law enforcement. The sheriff's department, the deputies are not equipped to weigh vehicles like that. Or they're not equipped to do commercial vehicle enforcement. I guess that's what I Okay. So that would go to Tennessee Highway Patrol, of course. Tennessee Highway Patrol is not really going to do a lot of uh patrolling on Old Rob. Cuz it's kind of on the way here. So um So if they [clears throat] have a brief property owner wanting to address this, they can go and speak with the highway superintendent, Joe Padgett, so to speak. And then they could request that hearing from the board of zoning appeals. Okay.

[clears throat]

I I thought we'd done done that. I think you'd have to put that in writing. Yeah, it's just like I would have to assist you to do that. Okay. So oh, I got you. So that would be [clears throat]

That's not been an official complaint yet. Do we have a like a like a form? I think We have an Yeah, we'll be getting ready Yes, we do have one. Okay. So they can just go to the zoning office through the week and fill out a form. Okay. Okay. One more question. I'm I'm policing the trucks which they're still running. You're saying that's a that's a county and that's what I thought too because the state's not going to police a county road without county requesting assistance. Right. Right. Well, and and the state's so overwhelmed like everybody in town. So I suggested the Sheriff Calvin just start stopping and give them a warning. You don't have to give them a ticket, just give them a warning that hey, you're you're in a place a posted road. You're not supposed to be here. I've not saw anything. I've I've still seen them run and and they're they're oversized loads. They're not just even a regular semi. They're oversized banners on the trailers. They're they're hauling excavators and drill rigs. They're huge. Have you followed up since the initial conversation, Sheriff Calvin? I've followed up and I'll give them a company name and then requested hey, can you just send a deputy out there? Uh we've been sending Stephanie pictures uh weekly and they're coming and going with We matched by some. I hadn't seen them Yeah, we just down there where it's in, you know, we we come over and talked and it just seems like it's we're not getting any leverage or going anywhere with it. Uh we were told last meeting that you guys were going to revisit and actually see what their plan is. Hey, are you guys staying or are you trying to get out or We've got a place over here in the industrial park for you that would fit you great. Come over here. I've not talked to them since I think No, and uh they were kind of tight-lipped when they were talked about the first time the first time or

the the first time we were talking to them. Couldn't comment on this. Right, but that being said, when you gave them the rules, the zoning laws, you know, hey, we'll be back in 30 days. We'll be back in 60 days to check and see if you're complying. Nobody's been back to see if they're complying.

we've been we've been back and we've They haven't even been back. I've been back. Okay, you looked, but you didn't talk to them. No, they wouldn't say anything. Okay, if I could just ask a question. My name is Tony Lacey. I own the asphalt road 12-ton road, right? I heard it's supposed to go on one end and it came up in the last month or two. Yeah, it's supposed to go on both ends. Both ends, yeah. 12-ton road back. Track and trailer weights. Diesel truck with the trailer is going to be right at 14,000. So

What's the other end? What's the track and trailer? It was mentioned that the sheriff's as well, they have given the state Harris and things. If I might add, with with the truck in the industry, what y'all might not understand is there are certain limitations to what you can do and where you can go. Now, I have a tractor trailers at my shop that can scale up to 120,000 gross. But it only hauls equipment I own. There's a difference when you have an ICC motor carrier number on your truck. You are a commercial for hire truck. That is my argument tonight that I stated in my statement is that these are over the road trucks. This is not a local truck. Now, I drive roads with weight limits every day and that's because of the shoulders. You know, there's 8-ton load limits according to which roads you're on and which end you're on, what the weight limits are. So, it's hard to argue a weight limit. What you want to argue is the permit that that truck is operating on. Because once you go past 100,000 lb, you can't buy a blanket permit no more. I buy a blanket permit that my truck, I can haul my excavator to my farm and I can haul it to the hospital. I can't haul it to the other side of East Tennessee because it's to move my equipment myself. But when you go over the road, you're playing with totally commercial laws. The problem's going to be is if we permit them trucks to keep coming down Mount Olive Road. When the accident happens and somebody's got a smart attorney that understands it, at what point is the county going to have a problem and say "Hey, we probably shouldn't have been letting this happen to start with cuz once somebody gets hurt, it's all fun and games until they" You see my point? But when you take an over-the-road truck, you're bringing a

truck off the highway that don't normally transverse back roads. I drove every road in East Tennessee. I know them all. Kind of Kind of The point is was is that I can drop weight either or anything else, but I don't get assessed damages to look at a drill rig with numbers I-5000 Ingersoll. I let you know it weighs 25,000 lb. I know what the truck weighs. I know what the trailer weighs. I can do simple math. Weight over tires. The problem that we have out there is we can barely keep the high schoolers on the road. They're in every ditch we got. We We We've got We've got four folks out here that's still trying to walk the road out there for exercise. And bicycles. And And we we can address the site here. We cannot address the road. That's Joe. I I'll let the last three or four minutes conversation have to be done with Joe and not us. We we can address the site and what's going on on the site. Right. Right. It's It's So, what's happening in the site is is with you guys. Right. So, along with that, you know, you you were talking about getting a definition of some rather blurry lines. When When can you expect to have something like that done? It would probably If we have to redefine what this already says and they're not direct violations, you're probably looking 3 months. If we can find it already in black and white, the next month. If the uh paperwork is turned in to BZA and the grievance is filed with that we can lift that next one. But if we have to go in here and change or get more granular in what's allowed in the definitions we're looking at the problem. And I

don't like it because I don't like I'm a businessman. I don't I don't want you to be able to nail on every every right that I have. But on Same county. Way if this out here in this area I've seen this guy on the road many times. Down through there. Trucking right along, does what he does. Works in our community, works in our county. Big boys are dragging in these things, big drilling rigs are tearing roads all to pieces. They're all over the place. Pressure washing them, the whole place looks like a a dump. Fire went on over there. And we in this community are are trying to say hey just ease it up a little bit. No, there's no easing up. Only time they eased up was whenever you guys went over to visit and they started running at night. I heard the Jake brakes off trying to slide through. It just We're just looking for some clarity on what what rights we have. But like I said, you got McDowell Elementary, Jericho High School, and that is just the highway for these kids. And it's like what's you know, what are we going to do? I would say reach back out to the highway department, speak with Joe again about what [clears throat] you just went through with us about on the road. Well, Joe turned us to the sheriff. Joe said sheriff's got to get involved.

And the sheriff turned us to THP. [laughter] And we come turned back to you. Yeah. So we all have we're all married to He can give you the path [laughter]

to us. About how to proceed with this. Yeah. you can get that taken care of. Yeah, we'll file it. We we can get a file board filed. We can look at that. Get that filed. But again, I wouldn't stop with that. I would keep talking Sheriff Calvin. I would keep talking to Joe and if you know anybody in PHP, I'd reach out. Have a conversation with them. They might give you some clarity there of what can be done. See, the biggest difference in this whole thing is it's a regular thing. I've been driving Manor Ford Road more than every day of my life. And this is a thing that's happening regularly. It's not somebody coming through with something local. You're seeing it repetitiously. Oh, every day. Two or three loads a day. And if if people don't think these back roads are getting crowded, come by shop at 7:00 on a Monday morning. You can't walk across the road. Well, we know that we know they're actively pursuing that other property. We also know that they've got other teachings in the back. It's to increase what they're doing now on this Not not here. They going to back and give them whatever they did before they wanted to. Surely they are. I don't see anything changing. We we had it cleaned up for a little while. Yeah, but they they're racking and stacking that that this outdoor storage that's in I-1. You know, if you go down there and look, I counted 10 pallets sitting on top of each other and it's all industrial fittings for air drills. You know, they're working over there in the gorge. That's what they're doing. Keep taking pictures. And they and they're still over on the ag property. They they moved some of them, but they're still on the ag. You all have our some of our contact information if you're there and you witness, give us a phone call. You get a hold of Mayor Minor out there and what's going on. Come out and see. Yeah, it's like I said, it's daily. It's just I don't know what to what to say. You

know, it's daily. They're they're running They come in early in the morning or now they're late in the evening right at shift change for the count. And that's between 6:00 and 7:00 in the evenings and in the mornings. He lives in Lowes Acres. We actually made him and talked to him, didn't we, Brian? Did Did you get his name? Yes, B L L C. Yeah, that's the company. That's the company. But again, I think we've got an idea of what we need to do moving forward. And keep taking pictures and reach out to those different ones and get that by them. BZA and Brian, take a look. You can say how this argument is. Like Sunday afternoon, I'm sitting on my porch, here comes two big semi loads and they're wow. You know, and they're over there being banged and loaded and unloaded. You think maybe they're loading now? Well, now here they come with a full load back in. Like Jimmy said, stacked plumb to the rafters on the trailer. Get that phone out. pictures Oh, he's got the pictures. I've been sending them weekly. Well, I mean, take it also to Joe and take it to him. to your copy and then the I want to try to reach out to somebody at PHP. I'm going to have to do I'm going to have to have a conversation. I'm going to try to try to call PHP. Like I said, you know, it's just it's just hard. I guess you're trying to find trying to trying to get something done. I mean, everybody's telling me and they're pointing fingers somewhere. Yeah, you got to go So, where does the buck stop? Well, with with what's on paper we can look here.

just I got to get every law enforcement person out there in the world to come look at it and they're going to issue tickets and get rid of them. I mean, that's just the And that would be a great deterrent. They just need to come and if they're not coming, they're not doing their job. You won't You won't renew? Right there it is. You know, what the benefit of it is every day? What good is having a road if nobody's going to go on it? It's a public road. Here's one thing that I'm going to say to that right now. You do realize that 12-ton road is 24,000 lb truck. Now, I don't realize if nothing else can drive down that road if you're going to do that. So, don't order load of rock because you can't get it. Don't call a truck. Don't call a rollback to haul your pickup trucks because he's going to be overweight on that road. And that's That's why I'm saying I'm not an anti-business person, but it's a double-edged sword because the co-op fuel truck can't bring you fuel because he's over 24,000 lb. Isn't it though? That's the key to that. I thought you could come It's just one more question. By what date would they need to file their complaint to get on the ECA agenda of the May meeting? 10 days before. I'm going to be wrong, but I'll tell you I'll be filing that tomorrow.

[laughter]

The deadline would be the 11th. So, May [clears throat] 11th. I have one thing to Um so, a lot of people ask how you certify property. So, I did a cheat sheet to be placed on the uh website. And I asked Paul to look at it and make corrections. I'm just going to get back with you. But if you guys would look at it and see if there's anything that you might want to change. This is procedural, not ordinances [clears throat] or anything to be adopted. But I wanted to give some direction and it should alleviate some of the steps. Any questions? Yes. Yes.

[laughter] No, I just want you to look at it and uh Uh again, I know Paul might make corrections. Yes, can I ask the other side the conversation on that side, please? Not trying to be rude, but just let us finish up. [clears throat] That was it. Okay, anything else? Unless you want to go through each one. Uh no, I'll be good. There's only 20. [clears throat and laughter] And this is number eight. And the last one says success with three exclamation marks. [laughter]

You just end on that. Being done with that, is there any other business? Mr. Chairman, I move to return this. Have proper motion, do I have a second? I'll second. All those in favor please stand. All right.