Board of Zoning Appeal & Regional Planning Commission - Regular Meeting

Well, they told me down there in the environmental office and they said it was ridiculous. But anyway, I own both these tracks. Okay. So, I just took 18 foot off one track and I've sold this one and I want to go get it recorded, but I can't do it till she signs it. And they said that she has to do it here. Well, because she's not here. I mean, she's just not here yet. She should be, but I don't know. Has a plat been reviewed. That's one of No, that's one of the It don't need to be, you know, like I said, she's I don't vote. Just check taking part. Just got to get sir. You're moving a lot longer. It means it has to you have to comply with the local government. That's not what they told me.

Well, I had a bunch of people tell me that. I mean, okay. By Tennessee state law, if you're creating a law line, if you're moving a lot, or if you're deleting a lawsuit, that plan has to comply with the local government submarines. It has to go through process.

Not too bad. I'll at this time call this meeting of the Jefferson County Board of Zone Fields to order. And uh Bob, if you would open us up for a word of prayer and leave some pledge.

Our heavenly father, we ask you to bless this meeting tonight. Direct us to put the needs and interests of our fellow Jeffersonian county before our own interest. Lead us to do thy will and all our actions this evening. We ask this in the name of our redeemer Jesus Christ. Amen. Amen.

Attention salute. Pledge. I pledge algiance 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 for all.

Okay. I trust that you received your packet and had the opportunity to look at the minutes from the July meeting. Do we have any additions or corrections to those? Being none, I'll entertain a motion to approve. I'll make have a motion. We have a second. I'll second. Have a second. Any discussion on that? All those in favor of approving the July minutes for the board's only good saying I.

All those opposed. passes and citizens input tonight. [Music] The item item that should be Okay, that's a planning commission. Both of these are going to fall in planning commission. So we can move on down the agenda with that. Variance request of 7 ft from the side of garage edition on existing house at 513 Center Lane Caner Lane Dandridge by the Boss Family Living Trust. John and Linda Boss. We have

How you doing? Where are you, sir? There's a there's a there's a an error here. We're asking for a 5 foot instead of a 7 foot. It's 5 foot. That's not that Stephanie. That's I mean that's common practice for some of that other stuff over around in there. It's nothing out of the ordinary. And you all should have a copy of that in the packet. Do you have any questions on that? I'm going to close the board.

I have a motion. I'll second that. Yeah. Second to grant the bearings so everybody know what we're voting on here. And again, it says uh it says 7 ft. He is just asking for a 5 foot there for the garage. I'll second it. Okay, we got we got a second. Bob second. So, any other questions or anything? All those in favor of granting the five foot barriers made by saying I. All those oppos. Thank you.

Thank you very much. Pile right there. We have no other items on the agenda. So at this time I entertain a motion to adjourn. I'll make that motion. I have a motion. We have a second. I'll second. Okay. All those in favor of during the meeting, let them say I. I.

All those opposed. This time I'll call the uh call to order the uh regional plan commission. And uh again, I trust you received your packets, had a chance to look at your minutes. Do we have any corrections or addition to those minutes? Make a motion to approve proper motion. Do we have a second? I'll second that. Second. Any discussion? Seeing none, all those in favor of approving the minutes for the July planning commission meeting, let the known by saying I.

All those opposes. Uh we have two citizens input tonight. Uh for the RPC that's what we just called. Yes. I'm sorry. I didn't know what she was. Thank you.

Do we have Josh Clark here? Good evening. Um I'm Josh Clark with Lake Haven Cabin Resort on Muddy Creek in Douglas Lake. I want to thank the planning commission for your ongoing support. Um and I'm proud of the working relationship that we've had the past 5 years in creating Lake Haven. We have a total of 61 completed cabins to date com um contributing hundreds of thousands of dollars in property tax and hotel motel tax revenues. Together, we've taken 60 acres underwater and 120 acres of wooded hills and ravines and turned it into what is becoming the premier lakefront resort in the Smoky Mountains. I'm here tonight to be released from a per performance bond on phase 3A. We have completed all the requirements of the bond and I'm happy to entertain any questions the commission may have for me during my portion of tonight's agenda. But in this public portion of this meeting and before I'm seated, I would like to ask each of you to vote no on the STR ordinance being put up for a vote at the commissioner's meeting this coming Monday. I'm asking this now since I will be unable to attend the commissioner's meeting on Monday due to a prior business commitment out of town that's been on my calendar since February and I just can't reschedu. I've met with the mayor and been present for many of the special committee meetings from which this legislation was derived. understand that the mayor originally presented the special committee with a four-page document from a respected statewide legal consulting company designed to help the county ensure it was capturing all the potential revenue it could generate from STRs. Anyone who has observed me at these meetings will attest to the fact that I'm not opposed to short-term rental regulation. In fact, last fall I uh volunteered to submit all the short-term rental applications and permitting fees to the county in one packet with one check from the HOA. And as a developer and builder

who has completed over 130 cabins in the last three years and nine distinct phases of development, I comply every day with local, state, and federal regulations and inspections. It's my business. I am, however, very opposed to piece of legislation that the counties vote on next week. That original four-page document has ballooned into a 17page book that is confusing, ownorous, and illegal. I'm asking you to vote no for the following reasons. One, the Jefferson County short-term rental is illegal based upon its mishandling and really ignoring of the grandfather clause in the Tennessee Short-Term Rental Act that was passed in 2018. Jefferson County STR ordinance is illegal based upon the unreasonable nature of the demands it places on short-term rental owners, the disproportionate regulations it places on short-term rental residential properties verse nonshortterm rental residential properties in the county, and its classification as short-term rentals as commercial. The Jefferson County short-term rental ordinance will be detrimental to the Jefferson County tourism tax revenues as it will add one of the most restrictive, ambiguous, and anti-shortterm rental permitting and compliance ordinances in the state to what is an emerging market. We are currently the 30th market in the state. Um, as someone Well, this document has been hijacked by a few anti-growth and anti-short-term rental citizens. I don't have a problem with them and I don't believe they have a problem with me. They've said clearly and publicly that they don't have a problem with Lake Haven, but they have a problem with short-term rentals in their neighborhood. But rather than build influence with their neighbors and solve this privately through their HOA CCNRs, they're dragging the county into property rights fights it should not be. As someone who's invested thousands of hours, tens of millions of dollars, and owns a dozen residences in this county, I'm asking you to vote no on STR ordinance on Monday. it needs to die. And from its ashes, a document much like the one the mayor originally gave the committee needs to rise. So along with

voting no, I'm asking that you nominate a subcommittee comprised of the tourism director, the county clerk, the mayor um and two short-term rental property owners to work with county legal council to create a simple pro-safety ordinance that will be enforceable, generate revenue, and encourage professional investors to bring this county increase property taxes and hotel motel taxes. I'm almost done. Thank you for your patience. In closing, I feel like I must let the commission know that should the current ordinance pass, as the president of the Lake Haven Cabin Owners Association, I will have no option but to pursue legal action against the county for this clear violation of the state law on behalf of the 61 property owners who invested in Lake Haven previous to the STR ordinances being enacted. As the developer of Lake Haven, I will have no option but to shut down future development, including the 22 lakefront lots of phase three, for which I'm currently completing rough grading with plans to begin construction on cabins next summer. If the STR ordinance passes, I will be back next month before this commission asking to be released from my phase three plan, not because I've completed development, but rather because the county has enacted legislation that has had an adverse material effect on what it had previously approved for me. So, for these reasons, I really ask you to vote no next m Monday. Um I um think I've got a reputation with you guys of of following the rules. Um and I want to continue to do that so that I my investors and fellow owners at Lake Haven can continue to work with you to grow our county in a way that is safe, enjoyable for its citizens and those guests who should come here to enjoy the beauty with which God has blessed us. Thank you for your consideration. Thank you, Mr. Clark. Uh, Kenneth Anger.

Excuse me. Is that a question? You said you moved on from the agenda. Did you have Stephanie Dan on the agenda? Not on board is on the field. No. Uh, well, we're subdividing a piece of property. So, is that something that's coming up or something that would been in the zoning commission? Stephanie, she's on there. Planning Commission, right? Okay. So, we just haven't gotten to it yet. Yeah. Yeah. We just we just started this meeting and this is the first part of his plan. Okay. I've never been to one. Don't know how it is. Fine. You're fine. If you was name and address.

My name is Kevin Hunger. Edward 460 highway 25e. This is in concerns to the Dollar General post Dollar General going up right next door to us. Um I've got some issues as far as the main issue is that that road is they're going to be widening that road before they do construction up there. That is a very big danger for intersection that need to drive on 25B that we're planning on putting a driveway in it. It's that's asking for trouble. It's unsafe. I know T D's been out there talking about widening the road, but I I'm just opposed again, you know, totally against this until this is taken care of. Um, you know, we got a property right next to it and it's we got dog, four dogs out there and that store is just going to just wreak havoc on our lives. You you know, the retention pond's going to be right there in our front yard. You know, I want to see a privacy fence put up. I mean, they need to accommodate something instead of just putting up the store and not caring about anything else. I'm totally against this retail store, but the widening of the road and so the speed limits need to be changed down there. It's it's right at the tip in the road. I mean, there's a blind spot when you come over the hill right there. And I mean, there's accidents almost every day. Put that story in. I guarantee you it's going to be every single day. And there's going to be lives lost. It's dangerous. Something needs to be done. I know that's all I got to say. I that's about it.

Okay. Thank you very much, Mr. Younger.

And uh next we have uh Gail for Zanigan. Thank you for giving me this time. I just have a short statement that I need to make. You know, A1 property currently has several uses that are not permitted on agricultural land. For instance, church camps are not allowed to operate on A1 property. The zoning office presently acts as the enforcer for this rule. I would submit that they need to site Grace Industries or Grace Contractor as violating the use of A1 land. That's all I have to say. We have an enforcer. Let's do it.

Thank you.

Thank you, Mr. Z. And that completes the uh citizens portion. Next up on the agenda is item number A, lease of bond number 2586466 for the paving and underground utilities in the sum of 1,96,528 for Lake Haven subdivision phase 3 at Land Art American Incorporated. Mr. Josh Clark.

Thank you.

So, we have completed uh the installation of the underground utilities and um the paving. I believe in your packet you should have um a copy of a letter from county highway superintendent Joe Patterson signing off on our road. Um a copy of the wheels serve letter from our private sewer utility for Adenus which uh Tennessee wastewater. um which encompasses actually all 165 of our lots. Um I provided a copy of the original permit and approval for our private water utility and the permit number there. Um we have um we're providing water to over 61 units now and are permitted to go to 163 units. Phase 3A is just six lots 138 through 143. There's a copy of the recorded plat there for you as well. And then I included in there a copy of the original performance bond uh in the amount of 196,528. So this will be the um third time that we've done this and um and so typically I come I provide this and then you instruct staff to write a letter to my bonding company um to release the performance bond since it's been satisfied. And that's what I'm asking for. Stephanie, everything that we need has been submitted. There's nothing.

Yes. Nothing lacking on this at all. Does anyone have any questions for Mr. Clark?

There's a lot shorter. You said the whales were 163 and you got 165. What? So when we so we're not even we're not even uh phase 1 2 3 and 3a only amounts to about 130 lots. So we don't have we don't even have 163 or 165 platted lots when we built our utilities. Um I built the maximum sewer that I could based upon the available sewer or available land for our drip systems. And so that was 72,000 gallons per day. At that time we only had 102 platted lots. And so when we went to the state for our sewer permit, you get two things in your permit. You get gallons per day and you get number of lots. And so our original sewer permit was only for those 102 lots because at that time that's all that we had platted. Um and that 72,000 gallons at that time um our engineers were were telling us it would be um able to serve 163 lots. So when when I went then we did sewer first and then we did water. So then when we went to engineer our water um our engineers engineered the water system to max out at our sewer systems capacity that 72,000 gallons per day. And so at which at the time was 163 lots. And so we designed it the engineer it was engineered for 163 lots. Um and we were permitted for 163 lots. Um but then after we went and got our final plat for phase 3A and for phase 3. Um we went back to the state and at that point we had over a year and a half worth of metrics measurements on our actual

consumption uh wastewater and when they re-engineered our wastewater the state said no our wastewater will serve 165 lots based upon our current consumption. So we went ahead and got the permit for increased from 102 to 165. But you you're correct. Our water can only serve 162 and our sewer can serve 165. I hope that made sense. I'm a storyteller. There's about two and a half years worth of time in that journey. Do we have any other questions?

Are you planning to go on to 165 lots on complete? That's my hope. Okay. So, how are you going to make up the service of those? So, you you were specifically asking 165 versus 163. So, we will have to expand our sewer. So, our our preliminary approval was up to 250 cabins, right? and the zoning would allow for a lot more than that, but our preliminary plan approval was 250. So, no matter what, I'm going to have to add on to my sewer plant or build a second sewer plant towards the back of the resort. Good.

So, our water treatment, we can just simply add. It's not a matter of treatment capacity, it's a matter of supply. And so, the way that we'll expand that is just by digging new wells. TVA has actually we're one of the I believe we're the only private water utility that TVA has licensed. We we were permitted this year to pull water surface water from the lake um for treatment and distribution. However, we have not worked through with the state the engineering for that. So, while TVA would let us withdraw it, we can't we can't distribute it because we haven't yet figured out um they haven't figured out the engineering for a small um utility like us versus a a large municipality.

Okay. Do we have any other questions? You you have anything here? Well, um um I'm assuming that this this bond obviously covers your sewer and water. Are you asking the county al you're asking for a release of the bond? Are you asking for the county to accept maintenance of your roadways? No, this is a private road. All my roads are private. Yes, ma'am. They're done to county specs, but they're all private. Good. What's the board? Make a motion to release the law.

I'll second that. Motion second. Any other discussion on releasing the bond? We'll take a vote. All those in favor of releasing the bond, let the number say I. All those oppos. Thank you very much. Appreciate you. Okay. Next item on the agenda, item B, preliminary plat approval for Mountain View Estates 68 lots off of Coral Road, Jefferson City by Jim Failen.

He he actually that was when we needed the documents last night. Katherine approved those last night. So he technically is approved with what he turned in since last meeting. Everything done. So we don't even have to entertain this. Yeah. I just took a look at the road and dragging plans to make sure they were your your road superintendent had done that and it was

that was item B. That was the one we approved contingent upon him getting all the signatures and stuff into us and he has he has completed all that box and Stephanie and Kath with the staff. So we'll slide on down to item C final plat pardon me. Yes. C. Final plan for five blocks off Highway 139 at Utopia Lane. Mr. Dandridge resubdivision at Fair View Heights. Lost 22, 23, 34. 35, 36, 37, and 38. Dandridge by Tina and Chadwick Ross. Steve and Desmond or Steve Desmond?

Yes, sir. behalf of the the Rosses. They had eight lots and they would like to narrow it down to five.

Everybody should have a copy of that.

Oh yeah. I had something.

No, it's a it's a five. Yeah, I know. I looked at it, but sorry. Okay. Well, actually improve. That's the one that was taking. Yeah. Developed in the 60s. And Stephanie, if you don't mind, share with us what you just did back there again so everybody can hear.

This is an old subdivision that was developed in the 60s. So, they're actually taking eight watts in R1 and making them into five watts. There's one existing house that's been there since I think the early mid60s. And they're making that lot larger and then making the four addition or four lots out of the remaining. Okay. And did he present anything with the signature clocks?

Do you have the original?

Yeah, that's the one. The small got the larger copy, but it's not signed. the copy here. But the only sign

is it.

Yeah. Approve it with visions, but don't right. There is several things that's got to be brought into compliance with those blocks and the signatures and stuff. The signatures I'm waiting on that was nobody wanted to sign it unless it was approved. You know, the surveyor didn't want to sign it and I tried to take it down to T dot and it's not been approved by you all yet. So, nobody would sign it. He didn't want to sign the document that wasn't approved. Okay. Tom, you said you signed, correct?

Yeah, I wor this copy. He has here has owner signature and my signature. Okay. I'm just waiting for approval to get then I go down and get everybody else signature and I'll bring it back down. So, did you change the signatur? Yeah, I did. What do you mean? Well, I put my own stamp on. Okay. Because he had not but nobody's checked it for compliance with staff comments.

And this is the the first time you filed that correct? He had it in the office a couple weeks ago, but we didn't have I don't know that you signed it yet. Had you? Yeah. I think he signed it. Yeah. Couple weeks ago. Okay, that's it. That's the next one.

That's I was doing the same thing right here. Look at And it was oldision back. Okay, there we go. It would be possible to to approve contingent up on staff comments and getting all those signature blocks for Jefferson County and getting that stuff and getting it into the office. I could get the signatures as long as I know it's it's going to be approved. I can go down and get T dot and the survey and be back in a week or so Stephanie's office with all the signatures in but the signature blocks are incorrect. So you have to tell your surveyor to correct okay it have to be Jefferson County signature box

and he can fix that. Okay. But there's a number of them and if he changes that you have to re recite it. Yes. Okay. So I'll need to get him to do it then have you come back down and recite. I just my own staff there. Understand? Okay. Um but you need to make sure he has a list of the staff comments. I do. Okay. So does everybody think understand what we're looking at here? Yes. What's the pledge of the board? make a motion to approve after approval after you do the u signature signature blocks correctly for Jefferson County and I'm not sure what all blocks we need on there that would be something Stephanie could probably

there's a list but I'll make a motion to approve it

under the condition that that is changed to Jefferson account we have proper motion say we have any further discussion about Okay. All those in favor of approving contingent upon signature block and staff comments let me know by saying I. All those opposition and lots of off 1835 Pleasant View Cemetery and Paul I'm not about to try Yeah. Yeah. I'll just get

It actually looks very nice. It does. It does. I said, "Hey, do you know they redid the road?" Yeah. So, yeah. Yeah. Go check it out.

Okay. And just two of them are by the same two different members of that family and one of them is actually interested in the third lot. They just wanted to wait till all this was resolved first. So it may end up going to the all of it to the same family.

No, but but the signature block for water is it's not there is it on what you think would have that have that and uh of course the information for electrical service to seros from the cooperative utility and the signature block for that and then the shared two of the also have a shared driveway. Is that correct? And just a question on that, how is maintenance of that driveway going to do that and ownership of it?

Uh, since it's the same family, they're just sharing responsibility for it. It's currently gravel and there's gravel to go over it again. So, I don't know if they have plans to pave it or not, but since it's the same family, they're just going to share responsibility. And then of course 911 certified road name and property addresses. We need that and we can look at this kind of like we did the last one once these are filled. We can approve it upon those things being done. Do you have any further concerns?

No. Um no. There's some similar things. Granger County uh is referenced approval. Um, and they didn't do 911. There there were a number of things, but if you approve it contingent, then Stephanie can check this. Did any of the commissioners have any questions? So the county doesn't have to maintain to those and it'll be for that family on his way. That's the way I understand. Yes. Be no question. What's the pledge of the board? I'll make a motion we accept it.

Okay. Contingent upon those signature blocks getting filled out with some water and 911 and the electrical service on those. and Stephanie can walk you through. Okay. I was going to say cuz I don't know what you're talking about. You get with her, she can show you just exactly what needs to be added to that. Get get those signatures and get that back into her. Okay. Again, everything goes if it passes. We have a second. Is there any further discussion? Hearing none of approving three sisters. Let it be known by saying I I oppose most pass again. That's Stephanie. Give me that test. Okay. She can walk you through it.

Thank you. You're very welcome. Thank you guys. Thank you. Item E, final plat approval for Pardon me. We just did E. No, we're up to sorry. Final plat approval for three locks on the Henchi Holler Road new market by Dan and Lily Hoffer. Right. I'm having no trouble reading this. It's not very clear. And they may actually have the uh the large. Do you have a large one on that, Stephanie? She's got several. Okay, we'll get one out there.

These are copies that was given to to my husband and my son. I guess what the main concern is I guess it's just a rideway driveway and this is just going to be family anyways on the property and we're assigning the part to my son and daughter-in-law so they place a home and the roads or like the driveway or whatever you want to call it, the rideway, it's going to be maintained.

These are mobile homes. I see the gravel driveway and then I seen the lines between it. And this may be a stupid question. I apologize ahead of time, but is the the dotted lines in the middle there. Is that a rideway in case something happens and later on you sell or is the driveway going to be the right way? Just out of curiosity.

I guess it's the driveway is going to be the rightway, but I we own all of it. It's just that I'm giving that one part that's in the park to my son and daughter-in-law. Yes, ma'am. This one that they're getting. Oh, this one. Yes, it's it's the one in the back.

Okay. It's the large. It is uh No, it's about one, but it's about I probably said about two 28. Yeah, 214. Mhm. Yes. The one to the left starts out at 100 ft in width and then there is to 87 and 12 on the back end. Is that correct? 87.5. Okay. On the back side. It starts out at 100.

Yes. In the front. I'm not sure how Mr. Kent done this, but he said he sent a PDF on this to y'all. That's a little this is a law

and it needs to be identified as because it's a new law that just um um like I don't know Paul, do you have any comments about the field lines on these three lots? Because I have a mad I just said that I've got this right here on it as far as the reason I didn't didn't sign my opponent before it came to this commission is because of the rideway, the way it was put on here on two lots. Of course, there's two structures on there, but if you take the rideway, neither one of those houses can form to a building set back. But now, you know, that was a question that Stephanie and I have

have on it whether or not, you know, that rideway splitting the two property lines, which encroaches on each lot, which makes you went back to build would they be grandfathered as far as not meeting the building setback line? Cuz, you know, on these lots, you got to have at least 100 foot for, you know, building setback. So that was our question why, you know, this actually two bladder that we didn't sign because there you know but it but it's actually three more. Well, yeah, three. Yeah, three. I'm sorry. Yeah. Um the notation says to three.

Yeah, but I didn't sign it because I I had a question about you know I talked to Stephanie about it and she didn't really know about the rideway. So we let the state plan get back out. What can be done to to address this? And where would the buildings it's going to be on the the back side once it gets long through the little the little angle there? The access part be in there. There's already an existing mobile home up there.

Do you allow more than one building per record? No, one R3 would be where they're want to fit the house. Another one R3. One R2 is already R2 already has a house. Yeah, it's up in the front. Um, so two houses over the two front tracks and that one extends to the back and the other one is the one that's going to be the new block. Yeah, that make sense. One of our three the 2.14 acres and it's it's over 100 foot on the front and back. We got proper width on it. I don't have my glasses but it's 100%. Yeah.

And each one of these lots can sustain a primary field. Um, I do think that your surveyor needs to go back and make this a formal lot as it is. It appears to only be doing like there's subdividing these two and this one isn't included, but technically this is a new lot as well. Okay.

How is that that one a new lot when it's part of the front lot? uh because you're subdividing off the back portion of it. So, you're creating technically a new lot. Uh it's labeled as such one R1, but your surveyor has drawn it outside the boundaries of the dark lines. So, it appears not to be a lot that you're recording. Okay.

Well, lot one R1 is now has now has a new property boundary. So technically by subdividing it you created a new lot. So you have three lots that you're creating. Yes. The Okay. Um this if you're looking at it from this angle here, these two right here, this one over here is already been divided, subdivided. It's already been reported. The small one up front has been that's a separate lot by itself. One R here is by itself.

Okay. So all we're doing is dividing the lot that is now made up of one R2 and she dividing this getting this rideway going to that one. So these lot lines are all as existing. Yeah. Okay. I think that's where our confusion was. It was it was a two lot and now we're taking one of the two lot and cutting it into two. Yes. Like I say, the only concern we had was the rideway. Right away went, you know, I've never seen one go up the middle of two pieces of property,

but it's it's uh it's family there. It's nothing else. I mean, nobody else is going to be there except for family, and I'm just trying to help my son and daughter. I think the issue you're saying is if that piece of property was ever sold or that lot was sold, it would be more beneficial to have it a little clear. And I think that's what you're thinking. That's what I'm thinking looking at. Is that right, Tom? Yes. Yeah. It's a it's a standard rule of thumb. Don't consider ownership because um that changes. Isn't there a thing called such of a thing as a rideway on?

Well, it should be labeled as an accessment. Well, that's what I was saying. And the width should be delineated. Um otherwise, track one R3 doesn't have frontage and technically without dedicated access has no legal right of access across the other lots. So if we got the survey to show that access feeds with that. Yeah, I think uh I think I put that in there. Um you can lot uh note bullet one. Okay. Uh because that's an existing lot. Um

and two as well, correct? Yes. And so the fourth bullet says if so the drive should be identified within maintain who's going to be the proc signature block for water provider and 911 block. So we could you can approve it without staff comments. Yeah, that comments with the exe exception of the first two. Yeah.

Are you at peace with getting that required stuff to her and getting that right away that you're talking about listed as access? Okay. So, correct. I'm I'm not familiar with all this stuff. Talking very well is take the corrections to your surveyor. Yes. or Stephanie could email them or provide them and we make corrections and bring it back to you. At that point, she needs to check it and then you can get uh she'll authorize you to start getting your signatures block signed. Okay? Which would also include the uh county health official. Okay. So, she she All I need to do is just get Mr. Kent to make sure this is a

she she'll talk to you about what he needs to do and what he needs to have on there and give you that list and then you'll run that down get that done get back with her and she'll check out everything's been done it needs to be. Okay. Well, I need to come back through the process. No. Well, if it's passed if it's if it's approved and passed here tonight. We still got to vote on it. We're just kind of sharing with you what what get you done. Okay. I really do. So everybody understand it's kind of driving line. Yes. Yes. So what pleasure the board make a motion to approve with those stipulations? We have a proper motion. Do we have a second? I second.

Second. Any further discussion? Being none. All those in favor of approving that contingent upon the uh the blocks and the uh access easement that be saying I

all oppose. Thank you. just get with her and she'll walk you through all those m item F site plan review for a new Dollar General to be located on Highway 25E White Pine near Nana Road by JBM B. Anyone here to my name's Tim Dway?

Yes, we are suggesting another Dollar General store. Um, it's a 9100 square footer. They're starting to get a little smaller now. It's a little smaller than their usual store, so it creates a little less parking requirements and so on. But we got the drawings there in front of you. I think you got the packet which shows the grading plans what we're proposing. We're I don't know if you want me to respond to the comments from the public statement or not. I'd be glad to go write down what I can can say at this point and response to all that, but whatever y'all do. um be more than happy to go ahead and hear that. Of course, part of that has to be looked at on BZA.

I was going to say there's a lot more to do. We still got to get BA approval for the parking quantities and a couple of the sizes of the spaces that are shown and we're going to be applying we're applying to that meeting next month. Of course, we have to get through the building review also for building permit and T dot uh they have just barely started conversations with our civil engineer about a driveway permit. over all the traffic and driveway locations. There is a I think a plan for that intersection that's probably in their three-year plan. I don't know all the details, but T dot's got plans to improve that that intersection at some time. So, we obviously have to get past them, get them able to whatever we're proposing will work within their plan,

right? And that's still a hurdle we've got to go over. Um, we do have applied for our subdivision plat and we've also applied for septic permit which I think the septic part is is approved. We've had our soils tested and the permit is ready to pick up. Haven't got it yet but it's so at this point we're just asking for the site plan itself to be approved conditional on all those other approvals from T do the building department. I guess the septic were passed but we still have to get something from BZA as well. community the U drainage if you want to look I I know that's dollar store is a lot to be right next door to you and we will we'll definitely work with any neighbors Dollar General is also always adamant about not want to make anyone mad where they're going because the people they're going customers so they do all they can when they can where it's close to the side lot line on the north they will make us they will require us to go ahead and put in a some sort of a wood fence screen or a landscaping screen to screen off the the house the end of that new building from the property to the north there. So visually it'll be separated and our loading is is thank goodness farther to the south. It's way as far far away from that adjacent house as possible. That's the worst of it. Usually when the loading area is adjacent to a house it can be a distraction but they'll be on the quiet end. That's if if we ever get our approvals. The drainage itself it does go to the southeast. the people we're purchasing the property from own the surrounding property and so he's given us permission obviously we've got it all contained and it's going being discharged from the level spreader on that set of drawings it'll go to the same point of discharge that it's been going to now so it's and it's going directly away from the the house adjacent to the north far so anything have to do with storm water will be going to the

So they will do something about traffic on the road. Well, I mean there we'll do what what T dot directs us to do. They're the ones that are in charge of y'all's traffic control. And if there's if they see an issue with placement of this store on this highway, plans that they've got for this highway, they'll say no. Yeah, where they'll make us go spend the money to do the improvements right now, which that also makes it go away. Yeah,

cuz that's a pretty big intersection. I think they're planning on left turn lanes and everything else. We'll certainly do what we can if it it's feasible for us to do some of the improvements now that T dot requires. We've done that in the past as well, just to get get things set so it's paved for the future and whenever that intersection gets improved, it slides right into their plan. But they're the gatekeepers of that. They tell us yes or no. They say no, we go about business. Yes, ma'am. Um, so you're going to subdivide this property. This is These are not lease lines. They're proposed. No, that's subdivision. So, when you plan on doing that one of these, it's one of these. Yeah.

Oh, that you just got. No, that's here that I've had. One of these hall here. I already had it. You already had it for um in the um Oh, in the back. Is this a detention pond where your all your storm water is going to? It looks like the grave is creating a small det.

It's a level area. I think the final plan, my civil engineers here, maybe he can speak better to it than I can, but I believe it's designed to be a low spread discharge plan. It's not going to it's not required by uh Tekk to create a retention holding bond and then discharge it. Well, those are typical. Okay. Again, he's the one who has done the research and created this drawing. I will let him answer that. It looks like the just from the topographic range looks like there's a small detention that you dump it into just to slow it down.

Well, it's just a level spreader. So, we just want to spread that water back out 10 20 ft wide before release it onto the people that we're buying the property from. So, it's not erosion problem. We're we're within probably less than,000 ft of the lake. So, you're in the lower third of the wershed anyway. So, you should be a you they want you to let it loose. Yeah. I'm Will Robinson from 1248 North Shore Lane. Sorry.

Do we have any other questions for and anything that's done with this will be strictly contingent upon what is looked at BGA next month and this is already on the agenda too. Uh will I had a question about your width of access drives? You got three lanes. Um we put the minimum to 36. They may be I just asked for you to certify that too. Okay. It's 36t wide. Three tree three lanes. Okay. Yeah. Two two exit and one

and then because it's an arterial road, it's a state route. It's supposed to be a 40ft from the edge of your property line. Uh I was not aware that that was a property line. So, do you know if that meets that 40 foot requirement? If we aren't, we're close and we can move it if we have to. Okay. But that's, you know, if not, then that might be something that you want to Yeah, this 20 ft to go. It looks to me like that's Yeah, I believe it's 41 ft because we we have to be 20 ft. I started out with less property and we were 21 ft off the property line because T dot requires 20. I gave a little more and then we added 20 ft. So, we should be 40. So, you should be 40. Okay.

And if you need to see it, I think the dimension of the width of that driveway is on the C1.1. It's got Yeah, we need to get these. They're small. I had to I just asked him. I had to look over my glasses to see it. Um, and then your aisle width is on that same page. 35. Yeah, you got 90° parking 35 and 32 on the road. So that may be once I have a a variant something. What's our max the width of two traffic? I'm not in parking. We do. But we we're exceeding it. Is there a maximum? 35 and 32 on your aisle width. Yes.

It's it's 35 on the spaces in front of it and on 32 on the side too. Anyway, if we'll just address that. And for what it's worth, those are they're pretty wide. So, we give the truck access. Dollar General has us and create a site that they can pull into and back up to their loading instead of having to try to back off the highway.

I have to show turn around on the site that shows that it works for turning those big trucks around on the site. That's why those are so quiet. Somebody waving their hands. Raising their hand.

Yeah, we're I'm the property owner to the south of them. We have one point probably 1.1 commercial there. And then our residential mobile home is right there also. like they're basically the retention plans right there in our front yard on the southeast side. Okay. We we typically don't allow comments other than during the citizens and stuff. Yes. Yeah. Talk outside afterwards. You can talk as much you'd like to be glad to check. Thank you. And uh

um when it is flat, so it flats out. It's not a pond. No, it's not a pond. Yeah. So they want it to do what it's doing. They want it to do what it's doing. And they've got dissipators. Um just Yeah. Okay. Do we have any questions about the approval of this thing? And again, there's a lot of it contingent upon what takes place BZA

and T dot, but they're not going to. So, do we have any more questions for him? We know what's important. [Music] Attention BCA. The BZA and and see what T dot says too. Okay. We have a proper motion. Do we have a second? I'll second.

We have a second. Do we have any further discussion on that? and approve it. Been known with a vote. All those in favor of approving this flat, let it be known by saying I. And it is going to be contingent upon BZA and T do DOT approvals as well. Let me know by saying I. I.

I'll post. Thank you, sir. Yes, your will. See you in a couple weeks. All right. Robinson showing how okay

is not here. Uh we've got the uh G resolution 202411 amending the other resolution Tennessee regarding a new C3 zone as presented by Austin. Austin is absent tonight and I would entertain a motion to postpone this or to make a motion to postpone to the next meeting. Like for Austin be here for that discussion. You've got some information from the last couple months still that was in last month's packet. uh about and I think there was some stuff in this as well about that. So, please take time to look at that over the next couple weeks and stuff. There is discussion when we get back in here on the 23rd. Steady 23rd.

23rd. Yes, ma'am. Yeah. Um, so the last meeting that uh we were in, I gave you dra uh I gave you examples of three agricultural zone districts that other counties have used as a tool to um uh be more customizing their agricultural zones. Um I have read over those. I think it's a good idea. We just you have one agricultural zone district. what 85% of your land is A1 and you're kind of short on tools to deal with development in those zone districts.

Um I think that uh Austin's effort to create the C3 was to create to carve out some land in their A1 districts that could accommodate commercial but have it go through a process for being actual commercial. Well, that that that could be taken care of by the a an A1 A2 A3 uh zone district. Now, we're talking about creating brand new zone districts. It's a Yan's job to do so and I have uh talked to some of your county commissioners. Let me pause on discussion. Let me get a second. We got a motion. Do we have a second?

Anybody second? Bob second. Okay. and one other discussion. Okay. Um I have talked to the county mayor about establishing and we had a committee on short-term rental that met earlier the day. And if we can establish a working group of members of the planning commission, maybe some county commission and and said uh residents, we could work through and actually draft some language that would ultimately have to come back to this body. and then uh p if recommended go to your county commission. So um I was hoping that we could have a working group. Miranda, you served on the one for short.

Yes. Um and I talked to uh one of your Yes. and suggested that we continue that group or a different group. It's a regular committee and addresses stuff like this too. I think it would be good involved. It can be disastrous and long and all that stuff, but it is a good committee that would should be willing to help deal with some of this. And I I think if the planning commission requests that

uh and I know Austin came, you serve on both boards and so does he for that matter, anyone else that might have interest in attending. But when you start drafting new language for a zone district, it it it's not it doesn't happen at 9:00 at night and it doesn't happen quickly. So if we set aside the time to meet every month, we could actually go through a whole lot of stuff and come up with some good product that we would have at that point send through the process. So um I'm making that request. You're making that request. Stephanie, could you reach out for us on that to see? Okay. And what did you have a particular date in mind, Katherine, as worked? I know you're

uh the way we've been doing it has been on the fourth Tuesday, which is we met at 1:00, 12:00. Yeah, most of the time it is cuz I'm usually here at 1:30 or 2:30, whatever. 30 minutes after. Yeah. If uh I get it mixed up. Well, whatever works. I have to be in Newport at 3:00. So, I'm on my way. We can get with the mayor on that and see what he thinks is a good time for that and then he can reach out to you get your time. Yeah, like we've been doing.

I think that worked very well. Uh I don't know what happened with that. I don't know how it went from four to 10 pages, but uh if we could do that and have it scheduled every month, I think we could actually move stuff through uh through creating some tools that would start off. I'm on that board and I reluctantly agree with you. Everybody understand where we're at right now? We're voting to postpone. Oh,

G till next month. Often be here actually won't be in just a few days, couple weeks out. So, all those in favor of postponing item G to the 23rd, let me know by saying I.

I oppose. Passes H. Um, everyone take a a look at what they received in the packet. Mr. credit had a chance to look over that. H is discussion to con confirm that all plant survey reviews and approvals must be done by regional planning commission. Uh if the regional planning commission should decide in the future to authorize review not only approval but a non-planning commission staff member this can be done by following Tennessee state code presented by Bobanic u following you speak you know I I attorney's memorandum to you Brian I noted very important u on page four.

Will you speak up microphone? Sorry. You stay at the Hit that button, Bob. Hit that button on the mic. It go green right there. I'm sorry. There you go. I I don't know how to read the attorney's long- winded um uh statement, but but but one important thing I noticed is in page four, he states that upon such confirmation approval by the P RPC and the CLB cancer. What does CLB stand for? CLB. County legislative body.

Okay. So, the county legislative body. Okay. This a legal term. I just didn't understand. Seal it. Right. Let me let me find where you're at, Bob. Okay. I got you.

Item number four. Right. Item number four. This is accomplished. Assuming that it is. In the meantime, the safe practice would be for the RPC and the planner to review and subdivision plat and approve same and have them executed by the RPC secretary. Essentially, I think what he's saying is let us look at all these plat um review them, approve them, and submit it to zoding office for execution. I think that's a safe thing to do. So the widow have a repetition of the shed issues again that we should make the decisions about these plants and then the zoning office can you know take care of it. What do you think Katherine? I think our committee should make decisions about the two class subdivisions.

And forgive me if I may. I will address that. This is addressed to me. Yes sir. And that is what we're going to do. I think under other business tonight, we have how many we have? Four, five. Five. We've got five to look at. And it is not because what had been done in the past was wrong. No.

But it was because there had been question about what was being done. Okay. Again, and that's what he said. just until the time that if there is a motion made to allow those folks to do that and approved by everybody, then we look at them for that period of time. He's not saying from now on. He's just saying until a determination made. If it's made to not do that, then we look at them from now on. If it's made to do that and let them sign, we will just look at them for that short time. And that's why we have those tonight. we stopped and Stephanie started collecting those. So, I just wanted to make sure there was clarity on what that said and what we were doing. Okay. So, Katherine, I'll I'll step back if you got something you wanted to say.

Oh, I thought you said that's that's unbelievable, Catherine. Unbelievable. You have nothing to say. But if you're asking me about two lot subdivision,

yes. Um um it is standard practice for staff to approve two lot submissions. Um once again it's determining compliance with the subreg and um um just like I I'll give you a list of stuff to correct. Um I think that and and these are subdivisions that are over two lot. So it has to come to you. Um, state law allows u, Tennessee code allows planning commissions to designate um, staff people uh, and it actually is more than two. Originally it was two lots. The legislature actually increased it uh, pretty significantly. Uh, so um, I mean right now I have five contracts. I approve all two lot subdivisions, but um I think Stephanie reviews those here. Um I'm sure she does a fine job. Um and as long as she's having the uh surveyors to correct them to comply with your subdivision regulations, uh I think that's pretty standard operating procedure. Uh now, who who uh signs them is a different issue. to have a secretary of the planning commission and I do not sign any plat.

So, so you don't think that two two PLA subdivisions should come before our committee for approval or disapproval and let the staff do it? Uh, I think that those are there's uh we talk about volume here. Um, I think that um as I said it is standard operating. I I know it's standard operating procedure, but but given the experience we've had, Katherine, regarding the sheds and what happened with the sheds, that should be sort of a a good example of why we should review all all sub, you know, two two plat subdivision. So, we don't have a review of the same. May I may I of course

and I want to be clear in this. If the two lot subdivision with the sheds as it was presented to Stephanie had come before this, we would have not had any right to turn it down. But we did turn it down. No, we didn't turn down a two lot subdivision. That is not what got turned down, Bob. I voted for what got turned down. Austin's motion was It was not a two lot subdivision. What was it, Stephanie? We'd have to go back and get the minutes, but that was about four months before that. three lot subdivision.

So we we turned that down. We approved she approved the two lot which is had a right to do and if it had come before us there was nothing in what was presented to keep us from approving that. I know it don't taste good. It doesn't taste good. I I do not want a repetition of that that church cap that was created under the opaces of two subdivision. I don't know was two or three. I don't care. There's ways for you and your subdivision and the subdivision rigs that you all have, I suppose. I've not seen your subdivision rigs to take recourse on that.

These restrictions. Yeah, those things. It's it's it's out of our out of our hands if they're and ready to go ahead and Well, hold that thought. Tom, I I said give you the floor just a second. going out sitting in front of other I think what we run into was they misled but what they asked for was approved as it had been approved through Tim Seals being in there and anybody else have been in there but we can't I mean if you tell us you're building this and you're using it for something else there's no I mean we cannot hold them moral we can't make them pass a moral test or an integrity test on whether they're lying to us or And I hate this situation for your community.

Absolutely. But I I think it was done the same way it's been done. How long's Tim been in there? I know it's been done. As long as I remember 89, I want to say when we first

This is the first time we've had an issue, but it wasn't because of what they've done per se, and it's what they were told was going to be done with the property. And I think that's our real issue. We're we're trying to regulate all this, but we're not looking at the real issue. Tim would have signed off on it if it come to him as a two lot subdivision, and he had years of experience, and I'm not sure how many how long you've been in that office. But if if you come in there and say, "Hey, I'm going to use this for just a household." And then you turn it into a church camp, church camp, that's nothing that we can do anything about. And and I think that's where I'm not saying I disagree with you because I understand having that next door to you in your community.

No, I'm just concerned about the whole community. I don't want other people to do the same thing. You know, there could be other future church camps. I'm I'm done. Okay, Kevin, let me let Tom welcome in twice. Sorry. That's fine. I just want to say that you know if I had my rathers on it I'd say let's change this from two lot up to three per the state has already saw the need for that delay and time of people trying as far as progress goes as far as people subdividing property trying to get property closed out and everything else. That's why the state went from what? Four to six. No, they went from two to 25.

Okay. I don't know any staff person that is willing to do that. Yeah. Yeah. Yeah, I wasn't but

but I'm just saying that you know the two lot's fine and I told you once before in the meeting the reason that the two lot was set up that way and didn't go before plan commission and you know they talked about three or four like I say if I had my choice I'd go at least three or four to help people out that's in development business selling property subdividing property because first off I have to prove they're safe unless they're own If we're on sewer, you know, that's a different issue using commercial. But anyway, I have to prove it before it ever goes over to Tim's office in the zone. Okay. So, when I approve the two lot, three lot or whatever, I'm helping a guy out. The guy that's got two kids and he want to buy a piece of property or I I related this He's got a piece of property he's going to sell. Guy comes up and says, "You want to sell that property?" He goes, "No." And he says, "I'll give you 50,000 when you want 20, but I won't close it out for 30 days." Okay, I can get that done. Most anybody can get that done in 30 days. But if they've got to go for planning commission, it could be two months. They lose to sell their property and everything else. Now, as a property owner, I just throw this out at you. Would you want to sit here for two months and lose a sale on a piece of property on a just because you're wanting to subdivide one piece of property off your property? And as far as the sheds go, it had nothing to do with her signing anything or me signing anything. And it been a went from a three lot to a two lot. Every bit of it, you can call any attorney. All it was done legal, but we have no regulation. Just like he said, what somebody does to that property. I

have some people come in every day and get a permit for a house. Every day. You know what? I go out and find a camera. I find a barn. I find this. So, you know, should I say, "Okay, everybody's going to put in a separate needs come zoning or somebody promise that that's what they're going to build." you never get anything done. So, you know, the two lots needs to stay just like it is. It's in house so somebody gets something done. This guy right here that can't was wait he's been waiting five days to get just a plat signed because he moved the property line and he sell. So we're we're holding up closing now for over a week that could have been done in 15 minutes if we had to bring that to the planning commission.

Ted, I'm trying to make sure that we don't have future church camps created in two or I don't care about two or three sub. I what they did was wrong. What was they did wrong order? We rehashed this for four or five months. We have

Katherine, will you please explain again him again what legal recourse they would have on saying what's being done at the church? It's out of our hands. I think one thing that's being confused um you the planning commission has the responsibility to administer two different sets of regulations. One is the subdivision regulations. That's the creation elimination or any change to a legal lot of record. You're moving a property line, you're creating a property line, you're deleting a property line. Those are subdivision regulations. By state law, it is a best practices. There's no discretion in it. So, if you comply with the subdivision regulations that this county has adopted, everybody's right. You have to approve that subdivision. You have no choice. It is a use by right. Uh it is not considered a privilege. Uh your zoning ordinance is privilege. Now, I will disagree with Tom on this one is you have zone districts uh that regulate land uses. Uh a house is a land use. Uh a business is a land use. Um and it is considered discretionary because the legislative body approves zone districts that governs use of property. Uh in this instance um there was uh a misrepresentation regarding sheds versus what they actually built.

What do you think? Okay. Go ahead, Catherine. So you can't confuse these. I'm I'm not One of them deals with property lines and they brought That's a two lot subdivision. the two lot subdivisions that have always been approved by the staff and they approved this one. It was recorded. Um, as far as land use, I think that the county is looking at better enforcement to policy land uses that aren't complying with issuance of building permits and aren't compliance with zoning districts. Uh, which I really think you need to do. I think the county needs to do a better job there. I agree.

You have people here who are disgruntled about what's going on. I agree with that, Catherine.

And zoning is a protection of your uh discretionary rights for land use. And I've talked to the mayor about this. I've talked to different members of the staff. And that's obviously something that is there's greater emphasis on, there's interest in. I think you'll see improvements in that in the future. But those are two separate issues. As far as changing the uh policy of allowing staff to approve two lot subdivisions, I think that's efficient. I think it's correct. I think that uh Stephanie is now referring them to the secretary for her signature as opposed to signing them. And I think also it needs to be stressed that if a plaque comes to Stephanie that makes her uncomfortable for whatever reason, she has the right to refer it to the plot.

And there was some confusion denied on a what was thought to be a three lot which was actually two we went through because she didn't feel comfortable. Right. and and if it if a plat is determined not to meet the subre, she is compelled to refer it to this body for denial. She can only approve if she has determined that a two lot subdivision is compliant with the subre. If it's not, you need to always refer those here before.

That makes sense, Kath. Thank you for that. Let me let me can I make one more point regarding the sheds and my smarter wife just gave me this thing so I'll I'll read it to you. Um the zoning office enforcement it says she says A1 property currently has several uses that are not permitted on agricultural land. For instance, church camps are not allowed to operate on A1 property. Is that correct? They're not. Church camps are not. The zoning office presently acts as the enforcer of this rule. She does. I would submit that they need to be to site grace contractors as violating the uses of A1 land. Would that would that be un would that be unreasonable?

If I was speaking out of let me know. My understanding you would have to have legal proof. Legal proof. So what would the course of action be? Um typically there there is a procedure in place for planning departments or codes and we don't have a we don't have and you don't have and we don't have that

you don't have that my understanding is that is something that is being looked at as far as staff uh I think it it's kind of a perfect storm in that you have insufficient staff to consider all the development that's going on here I think it's one of the things with regard short-term rental that is a revenue generator that would pay to offset the uh the cost of having a code enforcement officer and because that individual has to have a vehicle that's not a cheap endeavor.

Um I would urge you to approve something that establish a revenue stream to create that position. um by the staff, you really lack procedural policies policies to enforce your zoning order. Um so I think it will improve, but I think it is an issue that needs to be addressed. You can't just create that out of thin air. It has to be adopted. It has to be vetted. Well, have just work on it. That's all. And you need a person to do it. You need a warm body.

Yeah. Go ahead. If it didn't, if they're not building what they said, can we retract? Well, they they built what they said. It's how they're using it. They've got a two lot subdivision, two different structures. It's the use of it. Can we could we retract? That's not for us to do. CL, you cannot That's why

that's that's not in their wheelhouse. I would and if I'm again speaking out turn out line I would thank the county sheriff's office about what's going on take fire marshall. I mean that's how where do you go? Well, and I've brought this up before uh it's considered um group assembly. Mhm. Uh, as group assembly, the state of Tennessee has per and I don't know if that's the issue has ever been

Let me let me ask this question again on that. Pardon me for interrupting, but you can get permits for certain times out of the year. You farm owners that do Potter. That's group assembly on the middle of the 100 acre piece of track ground. It's a concert and they get permit for those things. But but it is that is a temporary issue. That's right. It will be for each instance. The the state fire marshall has heavy heavy building fire codes on group assembly. Absolutely. And if they if those buildings don't meet those criteria and I'm assuming that state fire marshall has never been notified or requested.

It's it's shut down right now, Katherine. It's shut down. It's not functional. They shut it down. the fire marshall came and shut it down. It's It's no longer functional right now. There you go. That Oh, they take a heavy hand on it. I mean, it's it's uh you're at that point you are risking individual's lives. Exactly. And there's um you know there that's we're talking breaker system. We're talking rate of firewall. been talking uh uh fire flow uh for uh for fire protection. Let me step in for just a minute and captain, please forgive me for interrupting. No, you're

I I don't want Bob, you or anyone else here to think that we're for what's going on. I appreciate that. I don't like being lied to. I don't either. I don't think any of us do. And but if those guidelines to do what they requested to do were done, we had to approve too long, right? We didn't have any standing not to. Now, how they've used it since then, they're out of line and they're shut out,

you know. So the I guess the end justified the means in that part of that our four pager in the letter. No, no, they didn't write the letter and it's not for him to enforce it. But you're talking about the land use, not the plat. Yeah. You know, that's everything everything legit on the plat. But how they view their flat is what's not that legit. If they meet all the specifications and stuff, can they then start using it as a church camp? Should not be.

Oh, you don't think? I don't think they can do it. We're talking about there's always ways to get around like we talking about. The number one thing needs be done in this county, Bob, is a code enforcement. I agree. I have no problem with that. We're all agree. You need a code for they got a double opportunity to hire one in here and some right now since Timstead to run. I may hire somebody to be in there. That's my opinion. I voice it several commissioners and the mayor because you need a coach.

Absolutely. time. But you can get around anything. It don't matter what you say this. You going to disagree what I say. But just like on this Airbnb except for all the revenue everybody says you're going to get. They're not going to get it. You know why? All I got to do is say I want to live there a few weeks a year. You're not going to get a dime out of it. there's no longer, you know, so there's rules get around what they're want to do and everything else. But what I want to stress and and this is last I want to say anything about it is that there was nothing ever done wrong in the approval of that that property over there.

And just like I say, I go people say this and they do just the opposite. They said these build shift until they had bathrooms in there, till they had anything in that building. It was classified under the building department. I don't care if it's 10,000 square foot under roof. It's a So, they did not really violate what they said they were going to do. The only time they violated it was when they said they want to make a church can.

That's the only time the buildings over there were not in violation because they were classified in shed. Ted, when you went to that building initially, there were little crosses on every single window in that so-called shed. They were their intention was to build a church camp from day one. Well, I'm not getting in. Okay, that's okay. 60 beds, nothing in there. And I also I don't hear that.

I guess you didn't catch that. saying there was nothing ever done wrong and there's no reason to change the format of this body, the zoning commission in zoning and planning over that one incident because nothing was done wrong by this department. I'll vouch for Tom as far as them being a stricter for the rules. I've seen septic lines in and them have to be moved, you know, so he he holds I ain't gonna say where, but I've seen it done. He's he's had a movement. So he he does stick by what's supposed to be done and and he's sharing, I think, from my heart and from years of service on how this stuff was handled.

The zoning department right now got lawsuits been going on for what going on three years. that's not been resolved that, you know, the zoning department brought to the attorney's attention and had them sued, you know, and it went on three years and nothing has been resolved yet. So, you know, they've been doing their due diligence when just like me. When I find something wrong, I can contact attorney, she can too, to get something done. But, you know, it's a legal process. It takes a while to get it done.

Good, good discussion. And Randy, I'm going to give you the four. I just want to say I appreciate the passion. It shows how much you care. So, thank you for that. I don't want you to think I was trying to curb that. I just hand I would like to make a motion to let that office and I'm not sure if we need to name a person or a position because we're in this discussion right now because we named a person last time. It should always be a position

position u and what that position is or who is filling in that position. But I would like to make a motion that we allow them to do the two subdivisions in office there. And I would look for a second, but I guess I need to know what the position is that we want to enable to do that. Stephanie, what is your you talking about the position Stephanie's in? Yeah. your proper title zoning in officer. Zoning and compliance officer and that was the same position Timfield whenever he was it was just designated Tim. Okay. that Katherine

I'm not and Randy I'm not trying what you said you said even though they can review those the secretary and I'm not trying to volunteer myself for anything but you said in other counties the secretary or the chairman sign up on them is that correct uh that's typical now I think your I read your uh attorney's opinion right and I know he did confer with the attorney from task

and if there is a designate of um if if the planning commission has appointed a designate uh it could be another member of the planning commission or it could be a member of the staff. Okay. So according to that may have if uh if I think that uh she is designated as so or her position is now the original resolution I think um allocating that responsibility to Miss Shields was never found. Correct. Yeah.

So it's been it's been it was found and did they did they Tim it was not him because he's department he's named him due to that position you going to do it should be the position the zoning her position that position that looks at those and would see that those are in compliance that would be tasked with that would be the zoning compliance officer but I'm not putting words in your mouth I'm just I'm giving

I want to make it to or they can do it in the office and then have us as a backup and if you have anything that's any question be brought to us like the one we had tonight. Um, I think that's Yeah. And then if for some reason that position is out, whoever's in that position is out, then they can you'd be able to sign it or whoever we designate. Try to simplify.

Um, I will tell you this, I would not sign a PL. Uh, this is a county government. you have court liability. If anything ever comes back as far as anything improper or something that somebody wants to challenge, her name is going to be on that document and uh I personally would not want that responsibility. What would you recommend then? Do you think it should come before us? Secretary,

but the secretary represents us. The secretary represents our views. So, I think she should be able to uh uh receive them, review them, approve them. If disapproval, bring them back to this body for recommendation or denial. And after she approves them, Miss Sue comes in and signs them. I'll second that. I'm just kidding. I'm just kidding, Ryan. But that's an excellent suggestion. What I said is holding up everything.

You're late everything a month or two months. My understanding Stephanie can look at them and say they're all good. She can call Sue and Sue can swing by the office and still delay in a week or two. If she's on vacation, she's sick. You got a month or two or whatever you got away. Set up. I'm just, you know, my opinion because it affects my office. Absolutely. It affects my office big time. And another thing, if you want to walk before this board, you'll be here 10 11. No, we won't. We're here. Ted,

hey, hey, hey, hey, hey, hey. We got a motion. We're just trying to get clarity on the motion. So, if the secretary is not there, that person can be filled in by someone else. Correct. You can designate another member of the planning commission. Do we have to do it with his motion or can that be that point or No, it should be in your So typically typically who would that be another member of his body individual

and if if something happens if if that person dies if we become and that could happen if the person that's doing either position dies Then that's immediate attention at the next meeting to get those feet. Okay. I've had a a secretary of planning commission fall ill and they actually did a temporary and appointed a temporary secretary and then individual did pass away. So then they made it permanent. Yes. Anything that's done here has to go back before commission. Correct. So we're done. You're done. I was reading into Go ahead.

So my motion is Stephanie's position can sign off on if there's if something happens to where she is not available is the only reason I was saying bring you in. That way you don't have to sign off on every one of them. Did you catch Stephanie position? No, be able to sign off on on two plans. Not or two subdivision, two lost subdivisions.

And then if for some reason she's in a hospital or something, God forbid something happened, then it would come to her to sign. And that's what that's as a backup. and either one of them can bring it to us as a whole if there's any issues on it like the one. That would be my motion. Okay, we have a proper motion. Do we have a second? Could we don't you don't want to discuss it after a second? Okay. You don't discuss it. I'll second it. Okay, I'll second it. Okay, we have a second. Now we're open for discussion.

You know, I've had secretaries all my life, but the secretary represents us. She does not have any particular powers or responsibilities. She is representing us. We us should make the approve it first, then the secretary signs it, not the secretary. She has no special Bob. I think it's going exactly around what we're trying to get out of holding people up a month due. My thing is if she sees any issue with it or she don't she she can bring it to us. Just like if Katherine was our secretary, she said she's not going to sign it. Yeah. And I understand that then they would bring it to us.

Yeah. And I think there was due diligence showed denied in the one we looked at. There was a pause there questioning things didn't look right. So I'm not going to sign off on and Randy I didn't mean to step over on that. Just just trying to give clarity to it was along the lines of what you was thinking and that's cuz I don't want to put the responsibility on her when she's not in the office every day. No. There you go. No offense to you. No, I understand. So you have some issues, you bring it before us. Right, Sue? If it's not cut and dry pointless. Yeah. If I have issues with it, bring it before us. Yeah. So I want everybody to be very clear, but so would Stephanie authority to sign.

I want everybody to be very clear about what we're voting on. Mr. Bails, if I can get you to state your motion again. We have a second. I just want everybody to know what we're voting on at this point in time. I make a motion that Brian buys pizza tonight. Yeah, please. There's a lot of there's a lot of tension here and I understand but and I understand your frustration and I appreciate the second. My motion is for it to go to Stephanie's office and her position, not Stephanie in general, but that position

be allowed to sign two plot subdivisions. And in the event that, God forbid, she has a car wreck on the way into work and they need to get something signed, she's not able to be back at work in a timely manner, then it would come to you to sign. And if you feel or the secretary of this committee to sign,

and if that person doesn't feel that it's cut and dry and to the tea like it's supposed to be, it comes before the whole committee. And that's that's my motion as well for Stephanie's office to take care of the two subdivisions. Then it comes to the secretary of our committee if uh she's not available to take care of and then you can reach out to all of us or whatever and we can look at it. We need to have them special meet or whatever. And for for the minutes, we want to to make that cuz if somebody's looking at this 25 year down the road and we always go to glory, they can see this zoning and compliance officer.

This house going to be in the minutes before approve is that and then come to the secretary. And then come to secretary. Okay. If I understand as a backup plan as a backup plan and Stephanie's un she has full approval. Any further discussion? You still get second on that? I I second it. Okay. Any further discussion? Being none, all those in favor of the motion, let it be known by saying I. I. All those opposed. Motion passes. Follow me. I bet more than happy to where my agenda go.

Do we have any other business? And I guess people can come up under that. Let's go home. Being none, I entertain a motion to adjurnn. Make a motion to adjourn. I'll second that. I have to say all those in fa all those in favor you can let it be known by standing.