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Giles County Regional Planning Commission Minutes – October 12, 2021 (APPROVED)

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Giles County Regional Planning Commission Minutes of Meeting

12 October 2021


Members in Attendance:  Scott Stewart, Chairman, Erin Curry, David Adams, Stoney Jackson,  Malcolm Moore, Bill Myers, Kristin Pfeiffer, Roger Reedy, Tamieka Russell Absent: Tommy Pollard, John Haislip Other County Commissioners:  Harold Brooks, Mike Cesarini, Duane Jones, David Wamble, Larry Worsham Other:  Lucy Henson, County Attorney, Barry Hyatt,  Superintendent of Roads, and Steve Kelley, Assistant Superintendent of Roads


Chairman Scott Stewart opened the meeting asking Harold Brooks to provide a prayer and lead the pledge.  Minutes of 9 September 2021 were moved for approval by David Adams, seconded by Roger Reedy and were approved.


Chairman Stewart then initiated discussion on the need for county protection on land use as discussed in the full Commission and as a follow up to specific Giles County protection after the unenforceable, rescinded Land Use Management Plan.  His discussion with the County Executive on this commission’s authority to decide whether to start a new discussion or not has resulted in a recommended proposal.  Per the Chairman some actions to go forward would be to identify a three person team to work with professionals such as County Technical Assistance Service (CTAS), and develop a strawman for this commission to review and discuss, prior to any forwarding to the full legislative commission.   David Adams commented that there are unknown limits on which laws cover what, e.g. the Jackson Law (answer covers only landfills).  Lucy Henson commented that some would like to have a laundry list of all that is, and is not, covered; but she noted that is impossible,  Given that other agencies i.e. EPA, Health Dept,  sometimes also have a form of coverage, a laundry list might not be the best approach.  She suggested a more focused approach, i.e. figure out what you do or do not want to do.  Heavy industrial was commented with some agreement, and that might be a starting point with an updated map also mentioned.


Chairman Stewart said this was not a decision to make today and he asked each commission member to put down what they want which would be given to the “proposed three member team” and let them write, then at some point this commission approve and then send to the full commission.  David Adams said he knows a rock crusher is needed but no-one wants one near their property.  Bill Myers commented if we want one, the development would have to meet certain criteria, certain locations, etc.  Chairman Stewart said come back next month with your recommendations and either volunteer or he would appoint the three person subcommittee and he would be on that subcommittee as an ex-officio member.  A question from Bill Myers on a budget and Scott answered that could wait until a little further in the process.  David Wamble commented that the focus should be one subject, e.g. heavy industrial, and should not be sidetracked on other issues.  Roger Reedy commented on making the list how there could be so many known and unknown qualities and Erin Curry commented we can list specifics but also outcomes, e.g. smoke.  Chairman Stewart closed the discussion with the request bring your list and then we have votes on what and who would make up the three person team.


Next Item  – Lucy Henson mentioned from the previous meeting the partial closure of Hidden Hollow Road and that she will be going with Barry to look at the potential closing.  Per Barry the closure cannot move forward until the county attorney does that look, and he also invited others if they so desired.


Next Item – A copy of the Giles County Regional Planning Commission Subdivision Standards was provided.  Per Lucy a change is required to Section 2 – Authority with a wrongly identified Section of the Tennessee Code Annotated.  The corrected reference would be “through 13-3-414”.  Motion by Bill Myers and seconded by Erin Curry to approve this change was made and approved.  Roger Reedy asked, while making this change, are there other proposed changes that should be considered.  Chairman Stewart commented if so, they could be brought up at any time.  Lucy Henson did mention, perhaps by November, that a checklist might be developed that could be used for each person coming to the commission, and showing approval in the minutes, and that would make the commission’s job easier.  Rather than looking through the standards, the checklist would be used to show the standards had been met.  The form could be approved as early as at the next meeting.


Next Item – Discussion on communication between various departments was initiated with a proposed Letter of Action (LoA) handout.  This LoA is an approach to providing some answers to the many questions various Giles departments, commission and commissioners face on a new address for properties through the 911 process.  Several examples were given showing whether further review is required by the Planning Commission, or not, and showing the signed LoA to 911 for their use in providing a new property address.  A question by Erin Curry on how would that new property owner know such a document existed was asked.  Per Chairman Stewart the County Executive, with whom this LoA had been discussed, would send the LoA out to the departments/agencies who in turn could give to new property owners.  Per Lucy there should also be a conversation with 911.  Per Malcolm Moore this makes the process more complicated, and Mike Cesarini asked if there was a procedure in place.  Chairman Stewart said no.  Harold Brooks commented if you borrow funds, they will tell you who you need to see to get approval.  Chairman commented that some will know exactly what needs to happen, but this is for those people who aren’t sure and want that certainty.  A motion by Roger Reedy and seconded by Bill Myers was made to adopt the LoA.  With a role call vote, the motion failed with 6 against and with 3 for, Roger Reedy, Bill Myers and Scott Stewart voting yes.  Consensus seemed to show a desire to include 911 in the discussions.


Next Item – Bonds.  The current process for accepting a subdivision’s road into the county includes two separate steps, first a preliminary plat being brought to the commission, and if approved, provided to the Superintendent of Roads who will make recommendations for improvements to include the development of an amount for a bond covering the county requirements for such a road.  Upon evidence of a final subdivision plat and a performance bond (120% of the actual estimated cost), or line of credit, the request is then brought back to the planning commission and subsequently to the full commission for approval.  The amount of this bond and subsequent reduction in the amount is based on completion of the job and weighted by cost.  Currently there is no specific process on who keeps a central depository of the bond information.  If the bond expires before the work on the road is completed, and the contractor fails to finish, that could leave the county exposed for possible law suits, especially if all or the majority of lots have been sold.  Barry mentioned that a maintenance bond had been discussed but not adopted.  A particular problem in Campbellsville was mentioned by David Adams and Barry said there is a problem with drainage, and he will not approve until corrected.  Back to the original discussion, Barry reiterated that the bond is for the road only, not water, not utilities or other development on the property.  After this discussion, Chairman Stewart said that the commission needs to start a process on bonds.


Next Item – Public contact.  Chairman Stewart noted that many times people ask members of the commission and/or commissioners questions about some issue being considered or to be considered by the commission.  He stated that no one person can individually answer that question authoritatively.  He said the answer is, get on the agenda either by calling the county executive or himself, who sets the agenda.


Next meeting scheduled for 2 November 2021 5:00 pm after poll showed members available.


With no other business, David Adams moved for adjournment, with Roger Reedy seconding the motion.  Motion approved.