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[0:00]
Okay, we're we're sitting at 6:03. We're
a little bit late getting started
[0:04]
tonight. I do apologize for that. Uh we
have no business tonight for the uh
[0:09]
planning I mean for the BZA. So, we'll
move uh straight on in to the planning
[0:14]
commission. I'll now call this meeting
to order. If you all would please join
[0:19]
me in prayer.
[0:23]
Dear heavenly father, we come to you
just thanking you again for another day
[0:27]
of life, dear God, and for the health
and the ability that you give each and
[0:31]
every one of us to to get up and go and
do. And I pray, Lord, that you're
[0:35]
pleased with how we've went about things
until now. And I ask, Lord, as we come
[0:39]
together tonight to conduct the business
of the planning commission, that you
[0:43]
would be with us and and guide our
thoughts, our minds, our words, dear
[0:46]
God, our actions, and may each and
everything that's done here tonight be
[0:50]
pleasing to you, Lord. Dear God, I lift
up our our country to you, our state,
[0:54]
our our county, dear God, and the
officials that uh that are in each one
[0:59]
of those capacities. I just pray that
you would guide them, dear God. There's
[1:02]
a lot of folks hurting, a lot of folks
needing help, and a lot of decisions
[1:06]
that need to be made. We know you're
aware of them, dear God. I just pray
[1:09]
that you would guide in the process.
Dear God, we we thank you for
[1:14]
everything, but most of all, we thank
you for your son, Jesus, and what he did
[1:18]
upon the cross and the hope we have
etern in eternity through him. And it's
[1:22]
in his name we do pray.
>> Amen.
[1:25]
» Amen.
>> We're join pledge attention, salute,
[1:30]
pledge. I pledge allegiance to the flag
of the United States of America and to
[1:36]
the republic for which it stands. One
nation under God, indivisible, with
[1:43]
liberty and justice for all.
>> Thank you all very much.
[1:51]
And we're on to the minutes. Uh,
everyone should have a packet in front
[1:56]
of them. I know emails went out. We had
a little bit of a deal getting the
[2:00]
package to you in physical copies
earlier, but I I trust if you had a
[2:05]
chance to to see those and look over, if
anyone has not, I'll give you a moment
[2:10]
now to to flip through it. Is everyone
good on those? Had a chance to review.
[2:16]
» So move, Mr. Chairman.
>> Okay. I have a proper motion to approve
[2:18]
a mess. Had a second for Randy [snorts]
Bales. Austin made the motion.
[2:23]
Any discussion on that? Being none, all
those in favor of approving the agenda,
[2:28]
pardon me, approving the minutes from
the April meeting, let me know by saying
[2:32]
I. I.
>> All those opposed. Motion passes.
[2:37]
Citizens input. We've checked the basket
and there is none. Did I see Stephanie?
[2:42]
You didn't have anything turned into
you. Okay. We'll move on down to new
[2:46]
business. And the first item under new
business tonight is item A, final plat
[2:51]
approval for three lots off Ponderosa
Drive in Dandridge, Ponderosa Ranch
[2:57]
Farm, lot one by Jared and Alicia. Wait,
do we have someone here to represent
[3:02]
that?
[3:07]
» I don't know.
>> They are actually bought the SOS like
[3:12]
early today. I think there's an issue
with they're probably going to have to
[3:16]
do two lots instead of three lots
because of the topography or the slope.
[3:22]
» Okay.
>> So, he did not approve it today. So,
[3:25]
» so he did not approve it. So,
>> they're not coming tonight. Okay. U
[3:29]
» So, do we want to table?
>> I'd say we table till June or until
[3:33]
instead of doing it to the June meeting,
let's postpone it until they have their
[3:37]
stuff together. If someone make that
motion that way, put a time. move item A
[3:42]
be postponed until they can produce the
proper documentation to present to this
[3:49]
body.
>> Okay. Thank you, Austin. We have a
[3:51]
proper motion made by Austin. Do we have
a second?
[3:53]
» We have a second. Chad Dixon second. Any
discussion on that?
[3:58]
Being none, all those in favor of
proponing item A until they have their
[4:03]
proper documents in line. Everything
approved, let me know by saying I.
[4:07]
» I. All those opposed
passes.
[4:16]
[clears throat]
We're to item B, revised site plan for a
[4:20]
new pole barn to be constructed at 329
Lfield Road in Jefferson City by Rody
[4:25]
Ronnie and Karen Trent. We have someone
here. If you would step to the podium
[4:30]
and state your name and you.
>> Ronnie Trent, 329 Landfield Road.
[4:35]
» Okay. Ryan, talk to us a little bit
about what you want to do.
[4:38]
» Well, we got a shop that's already
there. I just need more room to place
[4:41]
some more toys, more implements. You
know how it is.
[4:45]
» Yes, sir.
>> Next thing you got one, you can build
[4:47]
one. You think you're big enough that
you're not. So, anyway, we're just
[4:51]
construct another uh building there. Um
on the print, I mean, on the drawing it
[4:57]
shows a 50 by I think what 108.
Um I'd like to change that dimension if
[5:04]
we could. It's going to be a big
problem. It won't matter. I was want to
[5:07]
go with maybe 60 by 100 instead of 50 by
108 because we found out it's a little
[5:12]
bit odd size. Um so if that matters or
it doesn't matter.
[5:19]
» You want to go 60 by 100. Yeah.
>> So we're moving 8 ft and adding two.
[5:25]
» Yeah. [clears throat]
And it's just going to set directly, you
[5:29]
know, in facing from uh shops over
there. It's just parks and dump trucks
[5:34]
under and trailers under and tractors
and mowers, you know, stuff like that.
[5:40]
» Put in your packet a copy of his survey
showing where his house is located
[5:44]
because the only reason he's having to
do this because it's on the commercial
[5:48]
portion of his property, not the
agriculture.
[5:58]
» I think the house is on like 2.02.
We cut that off a few years ago.
[6:03]
» 2.13.
>> Yeah. There you go. And that way we
[6:05]
could have a residence on that
commercial property. So we cut that off
[6:09]
a few years ago.
[6:14]
» And I actually I actually own the
property used to be the old uh Bettis
[6:18]
place, the old Bettis farm down there.
The old barn and stuff. It's been
[6:21]
renovated.
>> Yeah.
[6:22]
» Yeah. That's that's me.
>> Yeah.
[6:24]
» We bought that and so then kind of
trying to fix that corner up. They made
[6:28]
me mayor up there since I'm on the
house. [laughter]
[6:30]
for dogs.
>> You have the dogs, of course. Yeah.
[6:34]
[clears throat]
>> Would we need an updated drawing the 60
[6:38]
by 100?
>> We would to get that, but Katherine, I
[6:43]
think you've got a thought.
>> Um, no. [laughter]
[6:47]
» No thought.
We would need the updated drawing. And
[6:51]
yeah, and I know that wouldn't be an
issue to get that
[6:55]
» um on this drawing.
And you were wanting to see the property
[7:00]
line that differentiated from the
agricultural to the industrial.
[7:05]
» Yeah. I think one of the con the
concerns I had
[7:11]
um is that um um you just have site plan
approval. You don't have site plans for
[7:17]
additions to existing sites. That's one
of the things that we can work on. uh
[7:21]
that you really should if it if it's an
addition to an existing site like this,
[7:26]
the the requirement should be pulled
back somewhat and you don't make it that
[7:31]
distinction. So if you're just looking
at it um from a black letter issue, it's
[7:38]
a site plan should have engineer seal on
it, etc., etc., etc. Um I don't think
[7:45]
that that adds anything. He's obviously
got a big site. It's not that big of a
[7:49]
building. It's pole barn. It's not like
you're digging footings or any of those
[7:53]
kind of things.
>> You don't have you're not extending
[7:57]
utilities to it. I send electricity, but
not like sewer, water, anything like
[8:01]
that.
>> Okay. Thank you. That's what I think
[8:05]
too.
>> Appreciate it.
[8:08]
» Okay. Does anybody and
>> just uh if they would if you get that
[8:13]
drawing redone could could you throw
that line in there somewhere where the
[8:17]
where it is just to so we'll have it.
>> Yeah. As long as it meets a setback off
[8:21]
of that existing line between the A1 you
see too.
[8:25]
» He um
>> the line actually is where you see that
[8:29]
crook and the western lot line
>> that's basically where it is and goes
[8:34]
back along around the house. This is not
uh encroaching at all.
[8:38]
» Any more clicks?
>> So,
[8:40]
» okay. Only I got the old land there.
>> Yeah.
[8:44]
» Yeah,
>> Mr. Chairman.
[8:46]
» Okay. Yes, sir.
>> I think I think we're good. So, with
[8:50]
that said, I'll move to uh approve item
B.
[8:53]
» Okay, we have a motion. Do we have a
second?
[8:55]
» Second.
>> I want to amend this.
[8:57]
» Second.
>> Okay,
[8:58]
» get a second.
>> We have a second on it. So, I have to
[9:01]
make a motion. Chad seconded. And now R
>> just a minute to make sure he turns in
[9:06]
the the updated picture. That's the only
thing I agree with you. I don't see a
[9:09]
problem with it. It's just the
>> I'll accept the amendment if you're good
[9:12]
with it.
>> Okay. And then that's a little cleaner
[9:15]
on the minutes.
>> Yeah, that's fine.
[9:16]
» That sounds good. Yes. We don't have to
get a second and go through. So we're
[9:19]
good.
>> The amendment is stated. Second.
[9:23]
» Second.
>> Any further discussion on this?
[9:27]
Being none, all those in favor of the
pole barn, let me know by saying I. I.
[9:32]
All those poke. Thank you. Thank you.
I'm gonna get you that drawing. One one
[9:37]
thing on that drawing one one guy that
was pricing available for me was his
[9:41]
best way was to come out at 108. Then
the other guy that price and he said,
[9:45]
"Well, no, it' be better to go
>> 100."
[9:48]
» So we'll get that decision. But if it
don't change, if it changes, I'll get
[9:52]
you drawn.
>> Okay. Just drop it off.
[9:54]
» How many copies you need?
>> Just for her office.
[9:56]
» Just the board.
>> Just for you.
[9:58]
» I don't think you even have to come back
to this committee. Just take it to her
[10:00]
office. You're you're good though which
way you're done.
[10:03]
» And do I need to get permits from you or
is it since it's commercial? Is
[10:06]
» it'll be in the building? Well, in the
office, but the building partner will.
[10:10]
» Gotcha. Thank you, folks.
>> Thank you, Ronnie.
[10:12]
» See you now.
[10:15]
» [clears throat]
>> Okay, we're to item C, resolution
[10:19]
2026-03,
amending the zoning resolution of
[10:23]
Jefferson County, Tennessee to reflect
certain prohibited uses in all zoning
[10:28]
districts and permitted uses in the I2
zoning district solar energy and wind
[10:33]
systems Austin Brook.
Austin, you have the floor. Uh yeah, I
[10:39]
believe at our last meeting there was
discussion
[10:43]
um about potential Oh, it's okay.
[10:49]
» I like to hear myself.
>> About um what we already had in our
[10:55]
zoning regulations?
>> Yes.
[10:58]
» Was there anything?
>> There is no decommissioning in Jefferson
[11:03]
County zoning regulations for a solar
farm.
[11:06]
» Uhhuh. Now there is at the state level
state put that back in Katherine am I
[11:10]
right in about 22 23 somewhere that's I
did go on and and print a little bit off
[11:18]
if you will uh humor me just a second on
that
[11:25]
» anybody here got an extra pen
I have one left on the truck
[11:33]
you got another one
>> I'll steal one up here steal Yeah. And
[11:37]
often if you'd like for me to, I'll read
you what it says.
[11:40]
» Here, take your good.
>> Tennessee solar the farm decommissioning
[11:45]
is governed by Tennessee state
decommissioning law. It mandates that
[11:50]
commercial solar facilities over 5
megawatts submit compre comprehensive
[11:54]
decommissioning plans and provides
financial assurance i.e.
[12:00]
bonds and or letters of credit to land
owners for equipment removal and land
[12:05]
restoration.
Local planning commissions in the
[12:08]
regions enforce these rules and
periodically update setback or
[12:13]
permitting ordinances.
Now, state requirements and there's a
[12:17]
ton of stuff on the internet that you
can go to look at and I'm sure Katherine
[12:20]
can give some clarity if we have some
questions about this. Uh but it requires
[12:25]
that the solar power agreement to
outline a safe removal plan for panels,
[12:30]
wiring, post, ensuring the property is
restored as close to its precondition,
[12:36]
preconstruction condition as reasonably
possible. It goes on about financial
[12:42]
asurances, local authorities, recent
updates is there.
[12:49]
Washington County, Green County,
Sullivan County have taken this and
[12:54]
they've made it a little bit more
stringent from what and I've not went in
[12:57]
depth on each one of the each one of
those, but they have added to the
[13:01]
decommissioning of those and that's
something that we can definitely do, but
[13:05]
the state already has a decommissioning
in place right now. It's just do we want
[13:09]
to make it more stringent than what the
state has or not? And we can look at
[13:13]
each one of those. I'm sure that's
something you could get information on
[13:16]
for us, couldn't you? Mhm.
>> And go ahead.
[13:19]
» Uh, so I have a question. Um, whenever
you hold the bond,
[13:25]
make sure that you have the tools in
place to administer that bond,
[13:31]
» right? Um, if you're if let's say
somebody just walks and leaves it there,
[13:36]
it I'm not sure that you have like staff
personnel that you want to ascribe that
[13:43]
responsibility to and hold that bond for
the life of uh um um solar
[13:52]
» solar facility. Um monitoring bonds is
it's one of the things that we've I
[13:59]
think the only bonds that the planning
commission holds that uh is a bond for
[14:04]
outstanding infrastructure for roadway
improvements
[14:08]
uh and it's charged by the in Tennessee
code that the planning commission is the
[14:12]
only entity that has authority for that.
you could just simply add to
[14:18]
uh the solar
draft
[14:22]
uh an an additional item that says
you shall meet that section of the law
[14:29]
and make sure that the state of
Tennessee has the bond
[14:34]
» right and it's the Tennessee
decommissioning law but it it goes on to
[14:38]
say here about the asurances it tells us
that these bonds assurities are
[14:43]
scheduled to scale up typically
requiring at least 50% of the total
[14:47]
decommissioning cost to be secured by
the 10th year of the commercial
[14:51]
operation and 100% by the 15th year.
>> Does it say that they are willing to
[15:00]
administer those bonds?
>> It did not say who would administer.
[15:02]
» Did not say
>> no.
[15:04]
» Um
>> but you know this was to to bring the
[15:07]
topic kind of to the table and get the
conversation started about it. But these
[15:11]
are some things we can do and I'm I'm
sure we can look at that moving forward
[15:15]
with this.
>> Mhm.
[15:16]
» You know, and back to part of our
original conversation,
[15:21]
I I'm
I'm pro- landowner being able to do
[15:26]
things with this property. If there's
somewhere on this solar thing that I
[15:31]
want to be really strict about, it would
be with the cleanup of it when
[15:36]
somebody's done. And I think that's
something we definitely need to give
[15:39]
some time to. and look at and get
something drafted and adopted that'll
[15:43]
protect us as a county and the adjoined
land owners to the property. That's just
[15:49]
my thoughts on adoption.
>> I've got a couple of qu you probably
[15:53]
answer this one. Um how big does a solar
field need to be to produce 5 megawws?
[16:02]
decent size to do five megawws. And
that's something else that I think we
[16:07]
can look at is size limits inside our
county when we address this and go to
[16:13]
drafting this. U I know there's one in
New Market and it's uh it's about six
[16:21]
acres and it will not meet 5 megawatts.
5 megawatts is a lot of load.
[16:27]
» Yes, ma'am. Who owns that solar fixate?
>> Appalachin Electric owns one.
[16:33]
» So it is a public entity.
>> Yeah.
[16:35]
» Your other alternative is to state that
um this provision is only allowed for
[16:44]
public utility
companies.
[16:48]
Public utilities.
>> State that again.
[16:50]
» That um
>> I wish this dagum seat had a lock on the
[16:56]
back of it. Mine's squeaky. [laughter]
[17:02]
» You know, we and we just had this
discussion this morning in the working
[17:06]
group of the difference between public
schools and private schools. Private
[17:11]
schools are forprofit. I don't care what
they are. If it's not, you know, uh
[17:16]
Jefferson County. Uh so there are
language we put in today that says it
[17:20]
has to be a public entity.
uh public utility uh public utility
[17:27]
district or andor a TVA
um and that if it's a private forprofit
[17:34]
entity,
they're not allowed
[17:38]
because the scary thing is a public
entity is is uh it's uh dependent on
[17:45]
public input, public support, taxpayer
money. you have a way of controlling
[17:51]
that and they're held to they they hold
[clears throat] themselves to a higher
[17:55]
standard. Um if when you get a
for-profit entity
[18:01]
um
those are the ones that I would think
[18:05]
would have a higher tendency to walk
away. It's not profitable. We're
[18:10]
walking.
>> Okay? And I'm speaking hypothetically
[18:15]
and don't let me control the
conversation. by all means jump in.
[18:19]
[laughter]
If I've got this fella and again
[18:23]
hypothetically who has a couple hundred
acres in the county, it's A1
[18:28]
and he is had an accident. He's no
longer able to farm. He's no longer able
[18:34]
to do what he is that he's done for a
living for so many years. Doesn't have a
[18:39]
great retirement because most farmers
don't other than the lands they hold.
[18:44]
I don't want to limit the marketability
of his piece of property to take that
[18:50]
potential off the table if it's the best
situation for him.
[18:56]
» I want to protect his rights as a
property owner cuz he's paid taxes. He's
[19:02]
bought the land. It's been handed down
through families. And for us to come in
[19:06]
and say, "No, that private company can't
come in work a deal out with you because
[19:11]
we're not willing to do what we need to
do on our end to see that it's
[19:14]
decommissioned in the proper way."
>> I'm I'm just saying.
[19:17]
» I mean, it's a two sword, but those are
the guys that are walking. [laughter]
[19:20]
» Yeah.
>> Sorry. They're the If we were further
[19:23]
along in the technology and the
knowledge of how these things will
[19:28]
operate in the long term, I'd feel
better about that.
[19:31]
» Yeah. Um,
>> I still that's just my stance. I don't
[19:35]
want to hurt the property owner.
>> Let's say TVA came in and leased this
[19:38]
property.
>> Absolutely. But, you know, we we've had
[19:44]
there's been conversation for the last
three or four years if you're in the
[19:47]
county about outside firms coming in.
There was actually one in place and it
[19:51]
fell through.
>> There's another one looked and stuff and
[19:54]
it's fell through and we we may be
>> That's a good indication right there
[19:59]
though. That's that's kind of what
[laughter]
[20:01]
trends and
>> but but we're we're talking about
[20:03]
hypotheticals and we we can't we don't
have a crystal ball and we can't read
[20:07]
the future saying that this private
company's going to walk or they're going
[20:09]
to do the right thing. You know, that's
like me looking at David and saying I
[20:13]
know what he'll do in this situation.
That's unfair to David. It's unfair to
[20:16]
me. You know, we have the ability
to put the regulations in place to
[20:22]
govern that. Well, then it's our duty to
do that to protect the community and the
[20:28]
property owner.
And the state has done that to a degree
[20:31]
with what they've already got in place.
[20:35]
» Um just administration of bonds
uh and having a 10year
[20:42]
50%
15year 100%. That tells me the state's
[20:48]
worried about it.
>> Um [clears throat]
[20:52]
that's the only reason you do bonds.
>> Yeah. But there's no reason or nothing
[20:56]
saying in what I've said that we can't
be worried about it. We're just still
[20:59]
protecting that property owner's rights
to do one of those deals.
[21:02]
» Yeah. They've collected 100% of the
decommissioning cost
[21:06]
» by the time
>> in bonds by the time it runs out by the
[21:11]
time solar panels run out the life of
them.
[21:13]
» Yeah.
>> On a five megawatt
[21:16]
» on a five mega. So, do we amend that?
>> So, anything smaller does not have to do
[21:20]
that.
>> That's right. That's right.
[21:23]
» And that's that's per state. But again,
we can look at those neighboring
[21:27]
counties who have took what the state
had as a foundation and they build upon
[21:32]
that. That's what we can do as a
planning commission in Jefferson County
[21:36]
and still protect the right of the
property owner.
[21:40]
» Yeah. It don't have to be a five five
meg.
[21:42]
» We can we can change those things and
whoever handles the bond to say, "Well,
[21:49]
I don't want to fool with it just
because I don't want to."
[21:51]
» No, I mean, I'm getting where you at.
I'm just saying whoever needs to handle
[21:56]
that, we just make sure it gets handled.
>> So I administration bonds is a really I
[22:04]
think I read somewhere that the the
planner does that. [laughter]
[22:12]
[laughter]
>> Um I mean like right now I'll give you
[22:16]
an example. Clever County has bonds
coming due in August.
[22:20]
» Uh it's it's a set amount. Um, it's for
a top coat on a road. Uh, you know what
[22:27]
just went up? The cost of asphalt.
They're underwater. Uh, five months
[22:32]
ahead of time of that bond expiration.
They're going back to the developer and
[22:39]
saying, "We will call this and ruin your
credit unless you give us new uh
[22:46]
estimates for the cost based on asphalt
today."
[22:50]
And that that's what I mean. You can't
>> just the nature of that conversation
[22:56]
doesn't settle well with me because
you're threatening from the lead instead
[22:59]
of having the conversation with them
give their
[23:01]
» No. All they're doing is saying come at
August a month ahead of time which is in
[23:06]
their subre that a month ahead of time
we're going to go back and look at this
[23:10]
bond and they have the authority to ask
for an increase because they know
[23:16]
they're underwater. And and the the
thing of it is it it's you're talking
[23:21]
about economics and fluctuations and 10
years uh 15 years. Uh Stephanie, you
[23:29]
going to be here? [laughter]
>> I mean, that's the kind of stuff. Or is
[23:33]
the county mayor's office going to do
that
[23:35]
» and we put that in the regs if we craft
this?
[23:39]
And that's if if you want to belly up to
that bar, that's an administrative issue
[23:44]
that you need to make sure on the front
end the administration of that section
[23:50]
of that provision,
you know, how it's going to happen. You
[23:55]
know, and and the other thing is, okay,
you put up solar panels and then uh five
[24:02]
years from now you're looking for a
place to take it. That's what
[24:06]
decommissioning is.
>> Absolutely. you got to pay for
[24:09]
transportation disposal. I mean, I don't
even know how you'd estimate that cost
[24:14]
uh much less over the time of
uh of the life of the bond. That's why I
[24:22]
said if the state of Tennessee is doing
that and then you ask for proof that
[24:27]
they've complied with it and that way
her office is monitoring a license that
[24:34]
should be renewed you know every year 5
years or or 10 years 15 years on that. I
[24:41]
don't know where when you're looking at
Johnson City, are they administering it
[24:45]
or are they saying that
>> I don't know anything about Johnson
[24:49]
» or Washington County? Washington County.
>> Um I think before you would
[24:54]
» and that's what thing is let's ask them
how they are they looking for proof that
[25:02]
those things have been met or
>> I don't know if they've lowered the
[25:05]
megawatt at the side. Have no idea. That
was where I said we would ask you to get
[25:09]
information about what each of those did
>> and stuff. That way we can look at it.
[25:13]
This was to start the conversation.
>> At the end of the day, what I'm saying
[25:17]
about this, we've got to protect the
property owner. I'm not going to limit
[25:22]
who he can sell or do a deal with on his
land. I'm not going to be a part of
[25:26]
that.
>> Yes, sir.
[25:30]
[clears throat]
[25:35]
As long as let me let me add to that. As
long as the people who are willing to
[25:40]
purchase or lease or do whatever the
land's willing to meet what's put in
[25:43]
place to protect it.
>> Yeah.
[25:46]
» I want to follow up. Sorry.
>> Does it stipulate who would determine
[25:51]
the bond? So, my concern is when a deal
like this is struck,
[25:56]
uh, unlike building a roadway where it's
like, I need this bond and within a year
[26:00]
I'm going to have my road built and and
I don't need this bond.
[26:04]
» With this, you're saying I'm going to
build this facility out and then in 20
[26:09]
to 30 years,
>> 10 to 15 is what he did. But,
[26:13]
» okay. So, in 15 years, we're going to
take it all down. Well, what's that cost
[26:19]
in 15 years? So whatever it costs today,
if we were to just go with simple
[26:24]
inflation at 3%. It's 45% increase from
now until then, right?
[26:29]
» Assuming we don't have periods of rapid
inflation, which
[26:34]
recent history shows that uh that can
happen. So um I I would want to know
[26:39]
more information about who determines
the bond amount because in my opinion,
[26:44]
whatever you come up with, you've got to
tack on another 50% for inflation.
[26:49]
The other thing is I'd like to determine
maybe instead of us dividing um by
[26:56]
megawatt we can sorry
[27:00]
we can um stipulate by acreage.
>> I think that would be a better approach
[27:06]
because the megawws that's being
produced and I guess you would look at
[27:11]
potential megawws for the site if
everything was running full throttle.
[27:16]
» You're not going to get that every day,
>> right? you know, so I think a better way
[27:20]
to approach it, and I agree 100% with
you, often would to be looking at
[27:23]
acreage that could be, you know, put to
use for
[27:29]
um another thing I understand, uh
protecting,
[27:35]
sorry, I understand protecting land.
That's what I'm trying to do in this as
[27:39]
well.
I think the argument could be made when
[27:43]
you're protecting somebody's right to
put a solar uh facility on their
[27:47]
property.
>> The neighboring property could say,
[27:49]
"Well, now you're affecting my property.
You're affecting my property rights,
[27:54]
affecting my property value." Whether
you agree with it or not, I think that's
[27:57]
certainly an argument that we would
hear.
[27:59]
» We see it every day here.
>> Yeah.
[28:02]
» That's a common argument.
[clears throat]
[28:04]
And we already stipulate a lot of
different things uh that people can and
[28:08]
cannot do on their property. Uh most
often
[28:13]
stipulating the zone that that that
activity has to occur in.
[28:17]
» Right.
>> Yeah.
[28:17]
» So
unfortunately, as much as we want to be
[28:21]
pro property rights, everything we do is
infringing on that.
[28:25]
» Yeah.
>> Somebody's absolutely on somebody's.
[28:29]
So my goal is to do the best job we can
to protect everybody. And there's not a
[28:35]
happy medium. I just don't want to
overburden the citizens with
[28:40]
restrictions.
And and the more restrictions we add,
[28:45]
it's only allowed to be sold to a public
utility. You know, we're adding
[28:51]
restrictions every time we do something
like that. And I don't think that ought
[28:56]
to be a goal.
>> [clears throat]
[28:58]
» So, not wanting to restrict property
owners, definitely. Um, wanting to
[29:04]
restrict these companies that pop up
>> absolutely
[29:06]
» every time the federal government
decides to open the checkbook
[29:10]
» and pour out a bunch of subsidies for
these projects where they get their
[29:14]
cash. Then administrations change out in
4 to 8 years.
[29:20]
all the money dries up and then this
company based out of who cares Delaware
[29:25]
uh closes because they've gotten their
money on the front end. I just wonder
[29:29]
like at what point is Jefferson County
stuck with an absolute disaster.
[29:34]
Uh because you're talking
[clears throat] with no stipulation and
[29:37]
I understand you seem to be in favor of
some decommissioning stipulations.
[29:41]
» I think I've stated that several times.
>> Yeah. And I I appreciate that. uh we
[29:46]
could end up sitting on a several
hundred acre disaster uh in our county.
[29:52]
So, I'm just not really in favor of the
solar fields
[29:58]
mainly because there's not a positive
ROI. They seem to be subsidized by the
[30:02]
federal government. That seems to be the
only way that they
[30:04]
» there are situations where there is part
positive return on investment
[30:07]
» in this area.
>> Yes.
[30:09]
» Okay. Uh I don't see that. um all the
numbers I've ran on it, there is not a
[30:15]
positive ROI. I don't think it's a good
use of our land, which is certainly we
[30:20]
just we have as much as we have and
we're not getting anymore.
[30:22]
» Okay.
>> So, um
[30:27]
I I I think that the fact that the state
has put uh what they've put in place
[30:33]
shows that there's concern at the state
level. I think there certainly needs to
[30:36]
be concern at our county level. And I I
think I'm hearing that we're all in
[30:39]
[clears throat]
>> some agreement. Maybe not 100%, but
[30:44]
» I'm in a 100% agreement of us having
protection in place.
[30:49]
I'm also
for protecting the property owner. And
[30:54]
it may be that we craft this in a way
that's a deterrent from anybody ever
[31:00]
wanting to, but yet we still leave that
possibility for that property owner to
[31:06]
market or to lease his property in that
way. And if that company's willing to do
[31:11]
every house stringent
regulations we put in place and there's
[31:16]
somebody somewhere that can do what
needs to be done with the bonds and the
[31:20]
assurity, let them do it.
>> So you would prefer
[31:28]
stringent stipulations
>> on cleanup
[31:31]
» on decommissioning.
>> Mhm. as well as like I said the bond to
[31:36]
me the only way that this bond is worth
anything is if you account for the
[31:40]
inflation
>> uh because typically all the bonding
[31:42]
that we deal with.
>> So when we write this be sure and put
[31:44]
that in there what you come up with.
[clears throat]
[31:46]
» Well I mean yeah 15 years I would put
50% for inflation.
[31:50]
» Absolutely.
>> Um
[31:55]
I'm still hung up a little bit on the
zone. So you'd be okay with it in any
[31:59]
zone? I mean is there any zones? So
basically the document that we have are
[32:03]
there any
>> I would be okay with it and I with A1
[32:07]
» okay
>> and and that's those property owners go
[32:10]
ahead Randy sorry
>> I would be too but the thing is we need
[32:14]
to put a percentage and up to a maximum
amount if if you or me want to we got a
[32:19]
100 acre farm and we want to take five
acres that's that should be the limit
[32:24]
» the utilities down there have uh what'
you say five to six acres
[32:29]
» I think it's six acres don't for an
individual to do that,
[32:34]
» then they need to they need to keep the
whole thing as one section, not not
[32:38]
divided off. And in the event that they
want to cut it out, I think, hell, if we
[32:42]
go over five acres on anything, we're
doing as much as the utility company is.
[32:46]
So, if we're going to leave it in A1,
let's do a percentage of the property up
[32:51]
to 5 acres, no more. 5% or 5 acres at
the most.
[32:56]
» No more than that. So, if you got
>> So, 50 acres, 2 and a half.
[32:59]
» Yeah. and make it smaller. So, and and
then we need to look at
[33:03]
» where it's located on the property as
opposed to be right here on the property
[33:06]
line right against Mr. Nelson's place.
>> Let's let's make it be more centrally
[33:10]
located on their farm so that everybody
right there on the road and everybody
[33:14]
their neighbors aren't affected by it as
much as they are.
[33:17]
» Yeah. With setbacks and buffers in
place. Absolutely. I love the idea of
[33:20]
the decommissioning stuff because if we
don't have that in place, I mean, just
[33:25]
like you said, they can walk away and
then what is it the county's
[33:28]
responsibility to get rid of it? I don't
think so. I like what you're saying. I
[33:31]
agree 100% with that.
>> Um, one of the other things, we
[33:35]
[clears throat] keep talking about the
property owner, but but realistically,
[33:39]
no property owner is going to go into
this endeavor. They're simply going to
[33:43]
lease to a company. And these companies
usually pop up, like I said, whenever
[33:47]
the federal money starts flowing. And
that could happen, uh, that could happen
[33:52]
maybe sooner than we wanted to. Um,
whenever those dollars start flowing,
[33:57]
all of these little companies pop up,
they get involved in all this stuff.
[34:00]
Quite frankly, I feel that's what was
going on with the best. Uh, if you all
[34:03]
recall, the best that was trying to go
into Pedmont,
[34:06]
» it was some company that was located
over here that dealt that was owned by a
[34:10]
company located over here. Like the
whole thing was very, very fishy. And
[34:13]
and to me, they already had their exit
lined up and they come in, do all the
[34:17]
dirty work, and then they turn it over
to a more reputable company. Um, that
[34:23]
right there just stands a hair up on the
back of my neck. Um,
[34:27]
» like some of the housing developments
we've seen go in the last little bit.
[34:30]
» Yeah,
>> same scheme.
[34:31]
» Um, same scheme, but uh
to me these are these are more
[34:38]
frightening uh than that because of the
mess that it could leave behind. So, um,
[34:45]
are we in agreement on any others? Like,
I mean, R1, R2, RR, C1, C2.
[34:55]
Most of those are not even going to have
a parcel size large enough to um,
[35:00]
» which eliminates them all together in
that area,
[35:03]
» right? Because nobody's going to take a
twoacre lot and say, "Oh, I want to put
[35:08]
» No, it's it's not lucrative enough
acres. I don't even know what it would
[35:12]
be that much as a solar farm cuz then
it' have one solar panel."
[35:16]
[clears throat] Yeah. I mean,
>> that that would be my thing is to
[35:20]
protect the most land around it if we're
going to do it. Um the five acres, like
[35:26]
I said, on 100 acre farm, well, if they
sell it off, they've got to decommission
[35:30]
half of it.
>> Mhm. and and most people's not going to
[35:33]
do it. But what it does allow is it's
just like a cell phone tower. I was
[35:37]
talking to somebody earlier today. It
allows them to have a source of income
[35:43]
bar, like you said, it's going to be a
pain in the butt for any individual to
[35:47]
do this.
>> Uh it's it's a phenomenal expense. I
[35:51]
don't see the return on investment, but
I think in the future it may be easier
[35:56]
with the technology.
>> Yeah.
[35:58]
» To to do that and it may be more return
on investment.
[36:02]
» Yeah,
>> I'm not going to be it probably won't be
[36:04]
in our lifetime. I want to leave that
option open for future.
[36:09]
» So the recommendation
So I think we could take this document
[36:14]
that we have and then the recommendation
would be allow it in A1
[36:21]
uh which we're working on our working
group
[36:24]
but it would be limited to 5% of the
parcel size.
[36:28]
5% of the parcel size up to five acres
>> up to five acres. So if you have
[36:33]
» I don't think if you have 200 acres I
still don't think
[36:35]
» you're limited to five or you max out of
five
[36:38]
» and if they divide the property in half
and they want to do it on the other half
[36:42]
but no more than five acres at one spot.
>> Okay.
[36:44]
» Does that I mean does that make sense?
Cuz then I look at our 100 acres that uh
[36:50]
we the 40 acres of hay we rent and my
mom's property.
[36:54]
It would still be hard with a road
running right through the middle. still
[36:57]
be hard to find a good place on that
property. So, you're going to restrict
[37:00]
the properties to a certain extent, but
you're still leaving it out there as a
[37:04]
an option.
>> Yeah. Well, it'll be the biggest
[37:07]
stipulating factor. You got to have
those lines running through your
[37:10]
property.
>> Yeah.
[37:12]
» That's that's going to be one of the
biggest determining factor.
[37:15]
» If you put it on the edge, it's going to
affect your neighbors a lot more [cough]
[37:17]
than it's going to affect you. But if
it's if it's going [clears throat] if
[37:19]
you're going to have more skin in the
game and you will with the investment
[37:23]
and where it's located at buffer zones
and I don't know what those buffer zones
[37:27]
need to be off the property lines, but I
think we ought to be considerate of our
[37:30]
neighbors in anything that we do.
>> Mhm.
[37:34]
» I could go along with that.
>> Yeah.
[37:36]
» So, we could keep this document and
really just adjust the A1
[37:41]
and it would be an allowable use or I
guess it'd be a conditional use,
[37:46]
wouldn't it, Katherine?
Uh if you could make it conditional um
[37:52]
with um the requirements like
um they have to do a engineered site
[37:59]
plan um
[38:04]
» we need to make sure it's done correct
and whatever.
[38:06]
» Yeah. I mean it's it I would suggest it
to the group they would have to do a
[38:11]
site plan. And he have I mean even right
now I think yes and we have to send it
[38:15]
back and we all those things are in
place
[38:17]
» in section one of the draft that you
have right now uh uh we had uh
[38:23]
eliminated it as a principal use. Yeah
>> we it was an accessory use. So your
[38:29]
first item one is you want to make it a
principal use not accessory.
[38:34]
» Right.
>> Well it is now isn't it? It could
[38:37]
» it is currently
this draft of the document took it from
[38:42]
principal to accept. So it's an
accessory use in every single
[38:46]
» uh zone which I think we all agree.
>> Well with the exception of your IND IND2
[38:52]
it was to be a principal use. Yes. Um,
so I think the proposition from Randy is
[39:01]
it would be I guess you would that would
be a principal or conditional use or the
[39:06]
condition would be 5% or 5 acres
maximum.
[39:10]
» I don't see any for an individual. I
don't see any reason in world we need
[39:14]
one over five acres
>> and then it's really not a principal use
[39:16]
at that point is it?
>> Yeah. [laughter] And I don't know if we
[39:19]
need to restrict it to that. I'm not
sure.
[39:21]
» That's that's me. I'm thinking
>> I'm throwing ideas out. Yeah, I I know
[39:25]
you just conversation I I'm thinking and
this is just me and let me state this.
[39:30]
I'm not a solar fan.
>> I I don't think I but I can take you to
[39:35]
places who have had a positive return on
investment about three years ahead of
[39:39]
time for what they've done. Businesses
that have put the stuff in. Citizens
[39:44]
Bank Trucks Citizens Bank and Trust in
Granger County come out about four year
[39:48]
ahead
>> as a Yeah, as an accessory.
[39:50]
» As accessory use.
>> I could see that. There are places where
[39:55]
it does return on investment
>> that would still be allowed and
[39:58]
» and if we would I know but I'm just
saying it is profitable in some
[40:03]
situations. If we look at the Joe James
based property you know I would have
[40:08]
hated been the one to step up and say
Joe you can't do what you're getting
[40:10]
ready to do if he'd have chose went
through with him and that's exactly what
[40:14]
we'd be doing by doing what we're doing
right now and
[40:17]
» it fell through. It took care of itself,
>> but it was coming.
[40:23]
» That was a shady deal.
>> I don't know the inner workings of it. I
[40:27]
I just I don't want to be the man said,
"David, no, you can't do that."
[40:32]
And
>> so, but I do believe we need to have
[40:34]
restrictions. I do believe we have need
to have a a stringent decommissioning
[40:40]
» on 100 acres. I'd look at at least 20%.
And I would say, you know,
[40:46]
» A1 is the only% of the piece property.
100 acre be 20 acres.
[40:50]
» Yeah. I say A1 is the only thing we're
talking about.
[40:54]
» Absolutely.
>> R1, R2, RR, C1, C2, ain't going to
[40:58]
happen.
>> I mean, if the mines ever wanted to,
[41:01]
» but it'd be an accessory. I mean,
>> no. I mean, if they ever wanted to
[41:05]
generate power.
>> Yeah. And I mean, we couldn't stop them
[41:08]
from doing that for theirel anyway.
>> True.
[41:14]
And the percentage I threw out there is
negotiable just like everything is.
[41:18]
» No, I think you were the to hardline
that one, Randy. [laughter]
[41:21]
» I just I don't want to take it off the
table for agricultural
[41:25]
» for a farmer [clears throat] that's
that's got an opportunity to do it and
[41:28]
help supplement his farm.
>> Absolutely.
[41:31]
And just like we talked about in the
places where we've we've seen
[41:34]
agriculture and solar work hand in hand
for one another
[41:37]
» where they've done the elevated solar
panels and they've actually farmed with
[41:40]
livestock underneath with vegetables and
fruit production underneath. You know,
[41:45]
let's say you wanted to do 60 acres of
his farm
[41:49]
and and mar marry those two together.
Well, we've just killed that.
[41:55]
» Mhm.
I just I I want to protect as many
[42:00]
people as we can protect, but I also
don't want to infringe.
[42:03]
» Yeah.
>> And and we're just talking. That's
[42:08]
discussion. We're just kicking.
>> I'm not saying
[42:10]
» it cuts both ways.
>> It does. That's right. It does. It cuts
[42:12]
both ways.
>> Um [snorts]
[42:16]
» Well, I don't know. I just uh Randy with
that 5% I think was uh See, I'm at zero.
[42:23]
[laughter]
Yeah, I'm a five and he's a
[42:25]
» So, I'm at 75. No,
>> I think you're going to have a problem
[42:30]
with the percentage like saying you've
got 20 acres so you get 5% but you got
[42:38]
100 acres so you get 5%. And those two
numbers are different and but the zone
[42:45]
district's the same. Uh so you have
there's a test called uniformity of zone
[42:50]
district and it's if you got two people
on property same zone uh you have to
[42:56]
allow them the same option. You can't
say you get 20 and you get five.
[43:02]
» Um that that that doesn't pass muster.
So, but now putting a a maximum on it uh
[43:10]
and doing making it a conditional use in
you can make it an allowable use in the
[43:18]
I2
and you can make it a conditional use in
[43:21]
A1 and we looked at conditional uses
this morning for the you don't currently
[43:27]
have conditional uses but they're very
it's a very common tool in other
[43:31]
jurisdictions. Um, so you could do uh
conditional use, you have to meet
[43:37]
setbacks, you have to do buffers,
>> uh, etc., etc. You would want to do um
[43:43]
the bonding process whether it's
industrial or
[43:47]
» Yes,
>> absolutely.
[43:48]
» Um, so we could we could set up the
conditions and that way they would come
[43:53]
before the BZA and the BCA would
basically check boxes.
[43:58]
» Yeah.
>> Yes. You got a buffer. Yeah. if you your
[44:00]
setbacks are, you know, your your um you
know, you could set up whatever
[44:06]
conditions you wanted to and then the
BCA would determine compliance with
[44:11]
those conditions. Whereas, if you have
an I2, which they have the authority to
[44:16]
come in and say, I want my properties to
I2.
[44:19]
» Mhm.
>> Uh and and at that point, that that is a
[44:22]
discretionary thing that's ultimately
approved by the county commission. Um,
[44:28]
and I too would automatically you would
be looking at areas that there are other
[44:33]
industrial uses. I don't know if you
even have I do you have any I2?
[44:38]
» I just want to I'm going to circle this
back around real quick.
[44:41]
» Okay.
>> We've got three neighboring counties who
[44:45]
have sit at the table having the same
discussion we've had or having and
[44:49]
probably already have have a lot of
these things worked out. Let's get that
[44:53]
information, see what's there. I don't
think we need to reinvent the wheel.
[44:57]
» Let's Let's just see what see what kind
of cars are running and see if that'll
[45:01]
work for us.
>> It [clears throat] sounds like we're
[45:03]
close to some agreement or at least all
of us but you. So,
[45:07]
[laughter]
>> we're we're down here at 5%. I think
[45:09]
you're
>> I'm not at five.
[45:10]
» I think you and Chad are I think Randy
changed his mind. So, no, [laughter]
[45:15]
» you at two and a half.
>> I'm I'm open to discussing it, but I
[45:19]
don't want to take it off the table for
a private land owner. So on this
[45:24]
document we we do agree uh I I don't
think there's much we go ahead and take
[45:28]
it out of R1 R2 RRC1 C2
>> as a principal use
[45:33]
» as principal use
>> and could I1
[45:37]
I just don't think that's a good use of
our industrial space personally
[45:41]
» pay the money and get our industrial
space
[45:44]
» well if they cut it on top of their
building and use
[45:46]
» it would be an accessory use
>> you know the other which was allowed in
[45:50]
all the zones
>> um one thing to consider is what type of
[45:55]
infrastructure is necessary to carry
carry the electricity generated to a um
[46:04]
you know transformer or however to get
it into the grid. What types of
[46:09]
infrastructure
>> that's got to be something that's worked
[46:10]
out with utilities?
>> Well, that will be a very much a
[46:13]
limiting factor. Absolutely. You know,
you
[46:16]
» there are so many things that this thing
is going to have to conform to.
[46:20]
» Yeah, it can only be a go. It'll only go
where those What do you What do you main
[46:24]
transmission lines?
>> It just need No, it just needs
[46:26]
distributions and stuff. Distribution
lines. I mean, you can We've got one in
[46:30]
White Pine hitting distribution lines.
>> That's yours.
[46:34]
» It's not ours. It's somebody who It's a
private own. It
[46:37]
» is a private owner.
>> Talking about Jod's.
[46:39]
» Well, it's 5% each way instead of
Appalachin and US both.
[46:43]
» Oh, okay.
>> Proper from it.
[46:45]
» So, there's But it's a private company.
>> Yeah.
[46:48]
» That's doing it. So, and it comes out at
distribution voltage. [clears throat]
[46:53]
» Are there some that would be at
transmission voltage? Absolutely.
[46:57]
» Oh, okay. Distribution voltage. Okay.
I'm
[46:59]
» that feeds straight into the grid.
>> Yeah.
[47:01]
» The one in New Market is distribution
voltage.
[47:03]
» Meaning you could put one of those
anywhere that has
[47:06]
» Right. Power supply.
>> That's right.
[47:08]
» Yeah. I've heard this.
>> Now, you got me upset again. [laughter]
[47:14]
» So,
>> well, I agree with you. Let Let's do
[47:17]
some homework.
>> Yeah, absolutely. I wouldn't go that
[47:19]
far.
>> And um [laughter]
[47:21]
so uh and at this point A1 we could look
at a conditional use at
[47:28]
» with appropriate development standards.
>> Absolutely. Right. Right. And they they
[47:32]
need to be we can develop those and then
it would be allowed in I2
[47:39]
um as stated and and then we can do a
[clears throat] separate
[47:45]
uh section that's just for performance
criteria for solar uh principal use
[47:51]
solar. So we'll define [clears throat]
you have to define something then you
[47:55]
have to regulate it. So we'll have to
define a solar
[48:00]
um installation as uh get a definition
for it and then uh uh add it as an
[48:08]
allowable use in I2 and add it as a
conditional use in A1 and the A1 will
[48:14]
have conditions with it.
[48:19]
So just to clarify, so we're going to
look at as far as developmental. So
[48:24]
you advised against a percentage because
if if I've got five acres and Randy has
[48:29]
a hundred, he gets to put in his full 5%
but then 5% of
[48:34]
» I mean if he's got Yeah,
>> that's it.
[48:38]
» That's a um
>> I mean are you advising against using a
[48:43]
percentage?
>> Absolutely.
[48:45]
» Okay. So,
>> but we could do a maximum.
[48:49]
» You could do a maximum.
>> Okay.
[48:50]
» Maximum absolute amount or maximum
percentage.
[48:53]
» Um, not percentage. Maximum
>> maximum just maximum amount
[48:58]
or or
>> there's also probably a minimum that it
[49:03]
it [clears throat]
um as a principal use. It just doesn't
[49:06]
make sense.
>> Yeah.
[49:10]
[clears throat]
>> There is.
[49:11]
» I mean, [laughter] absolutely there is.
I mean, you got to have an economies of
[49:16]
scale of these things. The one out at
the Ford plant in West Texas, I mean,
[49:20]
West Tennessee is
>> I mean, that's that thing's massive.
[49:24]
» Absolutely.
>> Um, there's a couple in Oakidge and
[49:28]
they're huge.
>> Um, so again, I I think there we have
[49:33]
more questions than we do answers. So,
uh, let's do some homework and come back
[49:38]
with
>> the the one in New Market is Appalachian
[49:41]
Homes. Uh it supplies our lightest
loaded circuit on the system we have but
[49:49]
it supplies that circuit. You know
there's several houses on that thing
[49:54]
» and we as the county couldn't have
stopped that anyway because that through
[49:56]
the state
>> the state TVA appalach if it's a public
[50:00]
utility.
>> Well and I'm I'm not concerned with what
[50:04]
» did you buy any blocks of it?
>> No.
[50:07]
» I think there's still a few for sale if
you were interested.
[50:09]
» Okay. I'm joking. [laughter]
>> I was a wee.
[50:14]
» I was a wee little man when that went
in.
[50:16]
» Me, too. I
>> um so we'll look at maximums, setbacks,
[50:27]
buffer zones,
>> buffering. Yeah.
[50:31]
» Assurity bonds.
Yeah.
[50:41]
» [clears throat]
[50:43]
» buffer material also.
>> I don't think you want trays around
[50:47]
solid farm.
>> What's that?
[50:49]
» You don't want a high canopy around you.
>> Wouldn't bother me.
[50:55]
» It wouldn't bother you to try
>> if you invested in Yeah. [clears throat]
[50:59]
» It would bother you if you were the
investor or the property owner.
[51:02]
[laughter]
>> Invest in a while, right?
[51:08]
All right. Well, with that, Mr.
Chairman, I will move
[51:13]
to postpone
item C to our June meeting.
[51:19]
» Okay,
we have a proper motion. Had good
[51:23]
discussion. I I appreciate it very much.
Uh, do we have a second?
[51:28]
» I'll second.
>> Have a second. Is there any further
[51:30]
discussion on this?
Being none, all those in favor of
[51:35]
postponing
item C until the June meeting, let it be
[51:41]
known by saying I. I.
>> All those opposes.
[51:47]
» I've got papers.
[51:55]
» Okay, we're to item D. Megaw want to
produce
[52:02]
» development standards for mining and
mineral extraction. Mr. David Nelson
[52:07]
David I'll turn the floor to you sir.
>> Thank you Mr. Chairman.
[52:10]
» Uh I'd like to first start with just
sort of the genesis of this what
[52:14]
prompted me to want to put this together
and then I'll walk you through kind of
[52:18]
the process that I've been through so
far. And it's kind of going back to
[52:23]
things we've bandied about several times
already in this meeting about property
[52:27]
rights for everyone. And my concern that
I've seen happen over the years is we
[52:34]
have commercial industrial uses that
take precedent over the property rights
[52:38]
of some of our small farmers and our
residents. So, what I'm I'm after is
[52:44]
trying to marry those two together and
put together some standards that protect
[52:49]
existing property owners but also allow
uh commercial and industrial operations
[52:56]
to take place. And when I started this
process, my my first effort was to kind
[53:02]
of look at some other counties around us
and see what they do. Uh, I looked at
[53:06]
Washington County, Sullivan County, Knox
County, uh, were the three that that I
[53:12]
looked at quite a bit. In my initial
draft on this, you may think this is a
[53:16]
little lengthy. My initial draft on this
is about 15 pages long after I took all
[53:21]
the material from three different
counties and tried to pull it all
[53:24]
together. And I said, "Well, this
obviously is way too much." So, I went
[53:29]
back to the drawing board immediately
and and cut out a lot of that
[53:34]
information. I consulted with the
county's attorney uh about it and he
[53:40]
said, "Yeah." And he said, "You have to
be aware we have a state surface mining
[53:46]
act which really governs a lot of what's
being addressed in here." And so his
[53:52]
initial suggestion when I started the
process was to to leave alone things
[53:57]
that were covered by the surface mining
act in the state and really just focus
[54:04]
more on the things that um are basic
like getting proper uh buffers setbacks
[54:11]
screening uh just to make sure that the
operation is not going to destroy
[54:17]
somebody's enjoyment of their property
that's lived there for 30 or 40 years.
[54:22]
And and so that was my my main goal. Uh
after putting this together first pass
[54:30]
uh and whittling it down to my second
pass, then I consulted our planning
[54:35]
consultant, Miss Baldwin, and said,
"Would you look at this, please, and
[54:39]
offer suggestions,
which she did." And so the draft that
[54:44]
was sent out to all the commissioners
last Friday
[54:48]
uh was a combination of Miss Baldwin's
input as well as my input.
[54:55]
Unfortunately, since that went out, uh
we got a little surprise. I didn't get
[55:01]
it till Monday. I don't know when you
saw it, but [laughter] I didn't check my
[55:05]
email till Monday. uh uh our county
attorney sent an email and said, "Oh, by
[55:10]
the way, I do have a few concerns on
this latest draft." It's like, "Oh, I
[55:14]
wasn't expecting you to have some
concerns." So, so he has some concerns.
[55:18]
I will share with you what those
concerns are. A lot of it's
[55:21]
definitional. Uh it a lot of it relates
to use of the term mineral. Uh we talked
[55:28]
about bonds a minute ago. Katherine
advised me about this when she looked at
[55:32]
an earlier draft. uh I had provision for
bonds in the earlier draft when she
[55:37]
looked at it and after we discussed it
and she explained to me how difficult it
[55:41]
is to administer bonds I decided well
it's just don't require bonds. Uh if we
[55:46]
want to do that later we certainly can.
So the draft you have does not have any
[55:52]
reference to to bonding requirements. So
that's not in there. Uh the one that Mr.
[55:58]
Drenan reviewed did have it. So, he was
a little bit concerned about
[56:01]
administration of those bonds as she
was.
[56:04]
» Well, now what one thing and I said,
ask your county attorney if it's legal
[56:10]
to administer bonds for such things.
>> Yeah. And it's it's legal. You just have
[56:14]
to set it up, of course, like you said,
and and have it all worked out. So, so
[56:19]
we have some things in the air on this
resolution right now. What I wanted to
[56:24]
do was go ahead and introduce you to it
and explain to you my my reasons and my
[56:31]
background on doing it and walk through
just the highlights a little bit. But I
[56:36]
don't really want to get into the weeds
today because I really need to consult
[56:41]
with the county attorney again to make
some possible changes.
[56:45]
So, so just walking through it in
section one, the first part of it is
[56:51]
really definitional. A lot of times we
talk about things and people say, "What
[56:55]
does that mean?" So, I've tried to make
an effort to define some of the terms
[56:59]
that are used in the body of it as much
as possible. Uh, Mr. Dren has no
[57:04]
problems with that except mineral and
that's one of the key issues. Um, we've
[57:08]
got to figure out how to deal with the
term mineral properly. Uh section two is
[57:14]
really a housekeeping matter that is not
there's any direct import as far as what
[57:20]
happens in the mining and mineral
extraction operations. There's a
[57:24]
provision in our zoning resolutions that
basically says that mineral there's a
[57:30]
mineral exception to where you can't
really regulate minerals, but that
[57:33]
really applies to underground mining.
So, this was just some language to try
[57:38]
to tie that uh together and distinguish
between surface mining and underground
[57:44]
mining. Section three basically is to
just to say we're going to move I'm
[57:51]
proposing we move mining from an I1
permitted use to an I2 permitted use.
[57:57]
That's section three and four. It's
like, okay, uh, if we're going to have
[58:00]
mining, let's let's put it in our I2
zone, which is our heaviest industrial
[58:05]
zone. Then section five deals with
development standards. And this is what
[58:12]
we were talking about in relation to the
solar. uh if you're going to do things,
[58:16]
if we have the proper development
standards, then hopefully we can have
[58:21]
solar farms, we can have surface mining,
we can have things that are industrial
[58:26]
functions and people can generate
revenue doing that, but not destroy the
[58:32]
neighbors use of their property. And so
that's again is the the main gist of
[58:37]
this. Uh Katherine helped write the
buffer strip in section five. I had an
[58:43]
amateur's effort at writing buffer
strips and she fixed that for me. So
[58:47]
this is um things she provided. Um if
you look
[58:54]
after the buffer strip definition, if
you go to page three, item B, there are
[59:00]
some standards, brief standards for
underground mining. The main gist of
[59:04]
this is not underground mining. It's
really surface mining or mineral
[59:09]
extraction. The two things that show
there uh are minimum setbacks of 500 ft.
[59:16]
Unless there's a property line that is
for property zone residential or there
[59:22]
is an adjacent residence then the
setback is 1,00 ft. That may seem
[59:27]
horrendous but I will tell you Knox
County, Washington County uh they are
[59:33]
even higher. Knox County is not higher.
Washington County even has a higher
[59:37]
setback if it's along a property line
that's residential. Theirs is 1500 feet.
[59:43]
And so when I looked at this, uh, I I've
looked at what other people are doing to
[59:48]
say, "Okay, what's what's within the
realm of reason?" And again, what we're
[59:52]
trying to do is make sure operations are
far enough away from somebody's front
[59:59]
porch that they can sit on their front
porch and not be disturbed by mining
[1:00:04]
operations.
Then we dropped on down to the surface
[1:00:08]
mounting standards in item C. Uh again,
it's a basic 500 foot setback anywhere.
[1:00:14]
Knox County has that, Washington County
has it, Sullivan County, they all have a
[1:00:18]
basic minimum of 500 ft um for anything.
And then again, it has the 1000 foot
[1:00:23]
setback if it's a property line that's
um zoned residential or contains a
[1:00:29]
residence regardless of how it's zoned.
Um, I missed this in the um underground
[1:00:38]
mining. I've got a minimum lot size of
100 acres there and also a minimum lot
[1:00:43]
size of 100 acres for surface mining.
And then the rest of those few
[1:00:48]
paragraphs there are mainly dealing
again with buffering strips which is how
[1:00:53]
we protect the neighbors and make sure
that what happens
[1:00:58]
on the mining operation is not going to
cost them the enjoyment of their own
[1:01:03]
property that they've had for 20 or 30
years. And that's the the main
[1:01:07]
objective.
So what I would like to do is we've had
[1:01:12]
this to look at. I don't know if you had
a chance to read it before tonight. Uh,
[1:01:16]
but now now for sure we've walked
through it a little bit.
[1:01:20]
I know we're gonna have to tweak this a
little once I can get some more input
[1:01:24]
from the county attorney to clarify a
few things. So, I would just like to
[1:01:30]
keep this in your hands. Uh, make a
motion tonight to table this until the
[1:01:35]
June meeting at which time I would
expect to have a new draft that
[1:01:39]
addresses the attorney's concerns.
[1:01:44]
» Okay. A motion proper proper motion.
I'll ask for a second. Do we have a
[1:01:49]
second?
>> Second.
[1:01:50]
» We have a second. Is there any further
discussion on this?
[1:01:55]
» And I'll be happy to answer questions
now if anybody wants to ask anything.
[1:01:59]
» David, thank you for your work very
much. Being no discussion, all those in
[1:02:05]
favor of postponing this until the June
meeting. Let me know by saying I. I.
[1:02:11]
» All those opposed. Motion passes.
[1:02:22]
Moving on down
the agenda. I just covered the agenda
[1:02:26]
uplaw.
[1:02:35]
Yes, it's the uh second page
and that's discussion of proposed
[1:02:40]
procedural rules and bylaws for the
Jefferson County Regional Planning
[1:02:44]
Commission.
And I open that up to the board.
[1:03:13]
» [snorts]
[1:03:16]
» Mr. Nelson, since nobody's jumping, if
you want to speak to the rules that you
[1:03:21]
brought forward, and I know we've had
those for a little while, and we kind of
[1:03:25]
kicked things down the road. U wanted
you to be here when we discussed them.
[1:03:30]
» Thank you, Mr. Chairman.
>> You're very, very welcome. I'll I'll let
[1:03:33]
you go ahead and speak to that.
>> Okay. All right. So, I guess two months
[1:03:37]
ago now when when we talked about this
first, um we had a draft that of of
[1:03:43]
bylaws that Miss Bowwin had done and
then um I was hoping to try to work with
[1:03:48]
her on that. We couldn't connect and
since I couldn't connect with her, I
[1:03:51]
thought, well, I'm just going to do my
own. Sorry, Mrs. B, but I just decided
[1:03:55]
to do mine. I took everything she had in
hers and and put it in the draft I put
[1:04:00]
together. Uh there were a few additional
things and I'll I'll we'll re review the
[1:04:06]
additional items that I added from her
draft. Um there was a little bit of
[1:04:13]
wording change and in my section five.
We've got two documents here. So I don't
[1:04:18]
know. I'm I'm going to speak from my
draft.
[1:04:20]
» Are we on Jefferson County Regional?
>> We're on Jefferson bylaws of the
[1:04:25]
Jefferson County Regional Planning
Commission. on page two, section five,
[1:04:30]
compensation. I suggested a little bit
of a wording change there, um, of no
[1:04:35]
major significance other than maybe it's
just my preference for my words versus
[1:04:40]
hers. Uh I suggested we say uh reim in
sentence number two of section five
[1:04:48]
reimbursement for travel and continuing
education expenses of the members shall
[1:04:53]
be in accordance with the prevailing
policy of Jefferson County, Tennessee.
[1:04:57]
She had worded that differently and I
thought well things may change. So I was
[1:05:02]
just suggesting the wording that uh it
just follows their policy whatever it
[1:05:07]
might be from time to time.
[1:05:11]
In article three, the next article down
section one under officers, I added
[1:05:17]
something that she did not have. The
last of that sentence, I just added and
[1:05:22]
any additional officers it deems
appropriate from time to time. That's in
[1:05:26]
your draft. I'm just pointing out to you
the things that I put in the draft idea
[1:05:31]
that she did not have.
>> Go over that with me, Dave. Okay.
[1:05:35]
Please.
>> Section one, officers. Uh, can we just
[1:05:38]
make sure we're on the
>> Yeah, I'm We have had several copies of
[1:05:42]
these come out. There should have been a
copy of the bylaws
[1:05:46]
» and a section of the meeting rules in
there.
[1:05:49]
» That's not That's not Yeah. Okay. Okay.
>> We've actually got two bylaws look like
[1:05:53]
this.
>> Okay.
[1:05:54]
» Here's rules.
>> Here's what I'm looking at.
[1:05:59]
» I've got the bylaws and meeting rules.
[1:06:04]
We don't have that. You don't have that.
No.
[1:06:07]
» Is that the original copy? David, you
>> I've got I've got a few copies of the
[1:06:12]
original. Yes. Okay. I only have one
copy.
[1:06:14]
» I got that that that and that.
>> And I'll be more than willing to hand
[1:06:17]
those out.
>> Okay. Well, I don't need one. I have
[1:06:20]
one.
[1:06:23]
» So, what you got? We don't You can share
mine,
[1:06:26]
» David.
>> Okay. So, what
[1:06:30]
» article one the commission is that?
>> That's the bylaw. Pardon me. Meeting
[1:06:35]
rules. No. Yeah. We're not talking about
meeting rules. We're talking about
[1:06:38]
» So, the first one is that one.
>> Yeah.
[1:06:41]
» Okay.
>> Yeah. I can't see. You got it. No,
[1:06:44]
that's not it.
>> I'll let you.
[1:06:45]
» Okay.
[1:06:49]
» That's not That's not what we're talking
about.
[1:06:52]
» I'll just read.
>> This is what we're talking about though,
[1:06:54]
right?
>> Yes.
[1:06:56]
» Okay. [laughter]
>> Sorry.
[1:06:57]
» Is it me?
>> Sir,
[1:06:58]
» pass that one off.
>> Okay.
[1:07:00]
» Yeah.
>> All right.
[1:07:01]
» Okay.
Now
[1:07:04]
» have one.
>> Now we all get one.
[1:07:08]
» Okay. We all have the same thing now.
Okay.
[1:07:11]
» We're all frantically
meeting rules. That's the
[1:07:17]
» Everybody has the right one as well.
>> That's the meeting. No, I've got four
[1:07:20]
different ones.
[1:07:23]
» I
can go make copies of this one.
[1:07:26]
» I think you can tell the difference by
the font.
[1:07:28]
» The font is different on the two.
>> Show that. This is the new font font.
[1:07:33]
» This is what we're working on.
>> By laws
[1:07:38]
» of the Jefferson County Regional
Planning Commission had
[1:07:42]
» Is that what we are?
>> Yes. Gotcha. Okay.
[1:07:46]
» Yep.
>> Yeah. I know. The last two I had. Okay.
[1:07:56]
» So, it's this one. That's the No.
Okay. Yeah, that's much different.
[1:08:04]
» What did you say?
>> Yeah, this is was in the back of the
[1:08:07]
deck.
>> Oh, okay. Okay. All right. I think that
[1:08:09]
was that was Catherine's.
>> Somebody got my copy. It's got notes on
[1:08:14]
it.
>> Uhoh.
[1:08:16]
» Look at the second page and see which
one got a little bit of ink on it.
[1:08:19]
» Sue is really mean. I think this is
[laughter]
[1:08:24]
» Tell
that's [laughter]
[1:08:27]
Catherine. Okay.
>> Oh, no. No. I got some ink here.
[1:08:30]
» That's what I need. Let me swap out with
you.
[1:08:33]
» Hold on. Let's see what O'Brien.
Thank you.
[1:08:37]
» He said happy birthday to me. My
birthday
[1:08:42]
» 38 reverse.
>> Okay. All right. So,
[1:08:48]
page two of this document, which is what
I was reading from.
[1:08:52]
» Page two at the top, section five,
compensation. I just changed wording
[1:08:56]
there a little bit from what Katherine
had to where it reads in the second
[1:09:00]
sentence, reimbursement for travel and
continuing education expenses of members
[1:09:06]
shall be in accordance with the
prevailing policy of Jefferson County,
[1:09:09]
Tennessee. U she had referenced a
specific document, I think, and I
[1:09:13]
thought, well, that could change from
year to year, so maybe we just leave it
[1:09:16]
open-ended. And so that's why I wanted
to make that change.
[1:09:21]
Next article down, article three,
officers and their duties, section one.
[1:09:26]
The last part of that sentence in the
document you have, I added to
[1:09:30]
Katherine's document that just says any
additional officers it deems appropriate
[1:09:35]
from time to time.
So, we're just saying we'll have a
[1:09:40]
chairperson, vice chair person,
secretary, and any additional officers
[1:09:44]
we deem necessary and appropriate
>> if we needed to form a committee and do
[1:09:49]
some of those things. Absolutely. Right.
>> Subcommittee I guess would be
[1:09:55]
» or or or a parliamentarian. We have a
parliamentarian.
[1:09:58]
» We have parliamentary. Yeah.
>> Um page three uh article four election
[1:10:04]
of officers. There is one change here
that's not a change between or
[1:10:07]
difference between my document and
Catherine's. It's a change in when we do
[1:10:11]
officers. Um it says that officers shall
be elected at an annual organization
[1:10:16]
meeting in the month of January.
Historically, we've been doing that in
[1:10:20]
October. Um, and
[1:10:26]
I think Katherine put that in her draft,
so I picked it up and I was fine with
[1:10:29]
it. But it may be something that we need
to think about [clears throat] and and
[1:10:33]
make sure we're okay with that.
[1:10:39]
» Commissioners will change on this
committee in September. Is that right?
[1:10:43]
» Correct. I would think move it back to
September meeting instead of October
[1:10:47]
because you won't know who's going to be
on here and that. Right.
[1:10:50]
» That's the only thing I
>> that's what we do on commission is
[1:10:53]
» right.
>> September meeting you have all your
[1:10:55]
election of officers and that type of
stuff. That's that's my only hesitation
[1:10:58]
on October.
>> Right.
[1:10:59]
» So, do we just want to omit January and
put September?
[1:11:03]
» Yeah, I would
be better.
[1:11:11]
Now, right below that, there are two
short paragraphs that I added that docu
[1:11:16]
Katherine didn't have in her document.
Uh, it's just about the election
[1:11:19]
process, and it just says the current
presiding chairperson or chairperson
[1:11:23]
selected by majority vote will serve as
chairperson for the election. Um and
[1:11:29]
then the second added little paragraph
there says whoever is nominated and gets
[1:11:35]
the new office basically uh will take
office upon adjournment of the annual
[1:11:41]
organization meeting. In other words,
their term starts once that meeting
[1:11:44]
adjourns.
[1:11:50]
Now go to page four
uh section seven attendance.
[1:11:57]
Um, I had a little bit of a concern
about dealing how we deal with that. I
[1:12:01]
think it's a good good provision that
Katherine had 11 of it. Um, but I'm not
[1:12:06]
sure that there's any authority to kick
somebody off the commission other than
[1:12:11]
by the county mayor.
>> Um,
[1:12:15]
» is it legal?
>> Yeah, the same thing I come up with.
[1:12:18]
» Well, we we t we did talk about that
last time.
[1:12:21]
» Um, and so it's like, well, uh, I don't
know if it is or isn't. Uh we could do
[1:12:27]
two or three things about this little
wording I guess is we could ask the
[1:12:31]
county attorney uh or uh
just leave it and if we try to do that
[1:12:38]
and it's not legal obviously it's not
legal. The the county mayor does appoint
[1:12:42]
the positions. We know that. Um and I'm
not really sure if once the county
[1:12:48]
mayor's made an appointment if he can
undo it. I don't know. You do you know
[1:12:52]
have any idea?
>> I think there's a process to that. I'm
[1:12:54]
not sure. I haven't looked into that.
Okay. I know county commission can
[1:12:58]
remove one of us.
>> Yeah,
[1:13:00]
» county commission can
>> for cops.
[1:13:03]
» We can't I don't think we have the
authority to kick anybody off this
[1:13:06]
commission ourselves. Uh because it is a
mayoral appointment. Um but nonetheless,
[1:13:12]
I think it is a good idea that if we
have people that are taking the seat and
[1:13:16]
not showing up and doing the job, we
would like to replace them.
[1:13:20]
» You know, I want people to come
[laughter] and participate. Um, so I I I
[1:13:25]
would like to have that provision
and I don't know um what how how how
[1:13:31]
would be the best way to deal with
wording on that at this point.
[1:13:33]
» Could we refer to county commission in
the event that somebody misses three
[1:13:36]
meetings? That's a good idea.
>> I think it needs to be addressed if
[1:13:39]
» instead instead of bypassing the mayor
though,
[1:13:43]
» I don't think we need to go straight to
county commission. We should go to the
[1:13:46]
mayor. If we just struck the last part
of the last sentence,
[1:13:52]
u the chairperson shall notify the
county mayor and request and reward that
[1:13:57]
last part, the appointment of
replacement that and however you want to
[1:14:02]
craft the wording and I enjoy listening
to you speak. You have a a good way with
[1:14:06]
words and I I appreciate that
to address the situation somehow,
[1:14:12]
however he sees fit. Or or maybe we just
stop with notify the county mayor.
[1:14:17]
» Yeah.
>> Yeah. And that's we could strike that.
[1:14:20]
» I'm at peace with that. I think Yeah.
>> Yeah. Why don't we just do that? That's
[1:14:25]
simple.
>> So it doesn't have to be brought before
[1:14:27]
the county commissioners.
>> Do county commissioners have to Okay.
[1:14:32]
When somebody's put on this
>> the mayor, don't the mayor would
[1:14:37]
probably have to present that to county
commission upon time he makes a
[1:14:40]
decision.
>> Mayor appoints commission confirms.
[1:14:43]
Right. So
>> there you go.
[1:14:45]
» So yeah, it's a
>> Okay. All right. Okay. Um I added down
[1:14:50]
at the bottom of page four, section 10
for two lot subdivisions because we have
[1:14:56]
delegated that responsibility. And I
know it became an issue about a year or
[1:15:00]
two ago. I forgot when exactly. And we
spent a lot of time trying to figure out
[1:15:04]
were we doing the right thing or
[laughter] not and do we have the
[1:15:06]
authority to do it. So I thought well
let's just put it in our bylaws and that
[1:15:09]
way it's covered. Uh, so I I did add
that in and that's basically just
[1:15:14]
covering that delegation of authority
and that goes on over page five. You can
[1:15:20]
take
>> I was No, I was just seeing what how it
[1:15:22]
how it ends.
[1:15:27]
» Also on page five, I added section 11
minutes, which we do anyway. Um,
[1:15:35]
I think the document I was working with
had that, so I left it in there. Um, and
[1:15:40]
then section 12 likewise was something I
took out. I I used Haywood counties um
[1:15:45]
eyelaws as sort of my straw man to start
this and they had those two things in
[1:15:50]
there. So I just threw them in too.
[1:15:55]
And otherwise everything that I have not
talked about in this document is exactly
[1:16:01]
the same as it was in Kathy's document.
[1:16:46]
David, go back over the very first one
you went over because I think you had a
[1:16:51]
lot of confusion going on about what you
were reading from the top of you. We got
[1:16:55]
those other copies handed out,
>> right? Uh [snorts] the fir the first
[1:16:59]
thing was on page two, section five.
>> Okay.
[1:17:02]
» I just changed wording a little bit on
how the travel reimbursement is handled.
[1:17:08]
» Five. Page two, section five. Top of the
top of the page.
[1:17:11]
» Yeah. Section five, compensation. I just
rewarded that a little bit about how the
[1:17:18]
reimbursement for expenses takes place.
I just put in that it's based on the
[1:17:21]
prevailing policy of Jefferson County.
>> That way if the policy changes, it's
[1:17:27]
still governed by their policy.
>> We changed and the next thing we changed
[1:17:34]
after section five,
>> it was right below it. Section one
[1:17:38]
officers. I added
the phrase and any additional officers
[1:17:43]
that deems appropriate from time to
time. That was added.
[1:17:46]
» Okay.
>> Last.
[1:18:01]
And then the next thing we change would
be just the wording in article 4 section
[1:18:07]
one striking January inputting
September.
[1:18:10]
» Right.
>> Okay.
[1:18:12]
» Now that is a change to this draft. The
others are already in there that we
[1:18:17]
talked about. Right. So we do I think we
have two changes to this document that
[1:18:21]
have been discussed. One is to change
January to September.
[1:18:24]
» Yes. And the other is to to truncate the
sentence about notifying the county
[1:18:30]
mayor. Just to stop right there and
don't put the rest of that sentence in.
[1:18:39]
» Yes, ma'am.
>> I have one correction.
[1:18:42]
Um, you're assigning the Can I say good
um
[1:18:48]
the two lot subdivisions? Mhm. Um,
[1:18:56]
uh, Stephanie cannot disapprove a
plaque.
[1:19:02]
» Okay.
>> She can either approve or send the
[1:19:05]
» she either approves or sends to us or
the planning commissioner.
[1:19:08]
» Uh, she she um
>> Okay.
[1:19:11]
» There's no disapproval.
Um,
[1:19:16]
and you should have usually there's a
statement in there that
[1:19:24]
uh if she deems a
issue, she is uncomfortable at any time
[1:19:31]
with a plat, she can refer it. Like that
I don't I have authority to do that in
[1:19:38]
other counties.
>> And there are [clears throat] some I
[1:19:40]
look at and I'm like,
>> I'm not touching it. It's it's it's
[1:19:44]
either a political issue like the I had
to admit the one about the sheds. I
[1:19:50]
would not have touched that one. Uh and
I think I even said you got my note
[1:19:55]
afterward like don't approve that or uh
it should have been referred here.
[1:20:00]
Anything that has any kind of political
or
[1:20:04]
» e even if it meets
>> even if it meets No, I would
[1:20:08]
» that's heavily contentious. I guess
>> if it's a contious
[1:20:12]
» Yeah.
>> because it could be challenged based on
[1:20:14]
the contious aspect of it.
>> Yeah. But I go back if it meets all
[1:20:20]
requirements.
>> Well, she's using her to scratch. I
[1:20:22]
» I know. I I know. But it that's pretty
much cut and dry check boxes if it meets
[1:20:28]
the requirements or not. I mean, there's
not a lot of gray area there.
[1:20:35]
» On two lot subdivision.
>> On two lot subdivision there. I mean,
[1:20:38]
he's he's it's he's pretty much cut and
dry. It's laid out.
[1:20:40]
» I think it's still a good mechanism for
whoever's in the staff position to kick
[1:20:45]
that to a body because in the scenario
you're describing, it would still get
[1:20:48]
approved legally. It would have no
reason to be disapproved, right?
[1:20:51]
» But at least it's like, look, everybody
has looked at this. It does meet the
[1:20:56]
requirements whether you like it or not.
>> So, uh, and and she can use her or
[1:21:01]
whoever can use their discretion.
>> Yeah.
[1:21:06]
I just if you got if you got the
checklist and it meets it irregardless
[1:21:12]
how you feel, I feel, or he feels,
>> it meets it.
[1:21:15]
» I've had to sit here and vote for some.
I didn't
[1:21:18]
» Absolutely. [laughter]
>> I didn't agree with them. U
[1:21:21]
but um
>> and and what you're doing in that if
[1:21:24]
they come in week one of the month,
you're holding whoever's doing what
[1:21:28]
they're doing up in another month's time
for something that's already in black
[1:21:31]
and white.
[1:21:35]
And and that's where you got to lay
political bias aside and do what's in
[1:21:38]
black and white. If it meets the
requirements, it meets them whether
[1:21:42]
Austin's spirit and Brian's against it
or not.
[1:21:44]
» Yeah.
>> Right.
[1:21:45]
» Uh usually the other way around, but
[snorts]
[1:21:50]
» um
>> well, you're not going to be building
[1:21:52]
those,
>> right?
[1:21:53]
» I mean, it's going to be somebody got a
form or cutting off section for their
[1:21:57]
kid for a house. And and again, you're
making it harder on a land owner, harder
[1:22:01]
on a man that's trying to get something
or woman who's trying to get something
[1:22:04]
done.
>> Like in this scenario, we're talking
[1:22:06]
about one instance and in that instance,
the staff did approve it. So,
[1:22:09]
» right. I'm just come up about
hypothetical future situations.
[1:22:13]
» Yeah.
>> If it's in black and white, we don't
[1:22:16]
need to see it.
Well, and I think maybe this is
[1:22:19]
something that the staff may look at
that go
[1:22:23]
» and it's I don't feel that it actually
means, but maybe you look at it and go,
[1:22:28]
"Actually, I think it does."
>> Right.
[1:22:30]
» And if she she or whoever in the future
is in that position is at that point,
[1:22:34]
then by all means bring it to us.
>> Yeah. And that's all this says, my
[1:22:37]
understanding of it.
>> Yeah. It's just an out.
[1:22:40]
» Yeah.
>> Um and again, she can't disprove one.
[1:22:44]
» Yeah. Right. And now the deal is and the
the state law
[1:22:50]
she [laughter]
>> I mean really
[1:22:53]
» sorry.
>> So
[1:22:56]
» there's just instances where uh a staff
person may not feel comfortable
[1:23:00]
approving.
>> Absolutely.
[1:23:02]
» And uh the the way this is written it's
like someone could you know just because
[1:23:09]
she doesn't feel comfortable approving
stuff and something
[1:23:12]
» and I were to have that out. Absolutely.
then it needs to be there. I'm I'm just
[1:23:16]
saying though if
>> and if it's if it's cut and dry,
[1:23:19]
» you you brought in the whole political
aspect and who it's going to offend this
[1:23:22]
that and the other and stuff and that's
that's off the table. If it's cut and
[1:23:26]
dry, it's cut and dry.
>> Yeah.
[1:23:28]
» No matter who's for it or who's against
it if it meets what the requirements set
[1:23:32]
in place.
>> If it if we don't go with them, what's
[1:23:35]
the use in having them?
>> And there in lies the reason that the
[1:23:39]
planning commission has authority for
subra. You're not it's not a political
[1:23:42]
decision.
That would be a county commissioner.
[1:23:45]
» Absolutely.
>> So, it rests with the planning
[1:23:46]
commission. But, um,
>> sorry, I didn't I'm not trying to be
[1:23:51]
argumentative, but I think we're
spinning we're spinning our wheels on
[1:23:55]
stuff that we don't need to spend it on.
>> Yeah.
[1:23:56]
» Well, I'm opposed to this.
>> I do have a problem like you were.
[1:24:00]
» No, I'm I'm opposed to having it before
us if it's cut and dry.
[1:24:06]
» She said she she said if it had
political connotation to it,
[1:24:11]
» it should come here.
it should come here if she's unsure and
[1:24:16]
politics ain't got nothing to do
>> and that's that is not in here. So
[1:24:19]
ultimately it's the discretion of
whoever holds [laughter]
[1:24:21]
» that was great on paper.
>> Thank you. Yeah.
[1:24:24]
» So basically we need to remove the
disapprove and
[1:24:27]
» what happens if it doesn't meet the
requirements when they turn it in.
[1:24:32]
» Um
>> isn't that a disapproval? Well,
[1:24:35]
» she's she's going to disapprove it to
the person presenting it because it
[1:24:39]
doesn't meet our requirements and
they've got to fix it.
[1:24:41]
» She's going to say, "Yeah, go fix it."
>> She's saying it's just like I do. I'll
[1:24:46]
make a list of things that they omitted
and you guys approve it on on these
[1:24:51]
conditions that these conditions are met
>> and then it's approved.
[1:24:55]
» Most people would come in, Stephanie
would go, "Hey, you didn't check this or
[1:25:00]
that." And they're going to go, "Oh, let
me go fix that." Come back. Most people
[1:25:03]
are going to do that. If someone were to
be forceful, she can't say, "No, I'm not
[1:25:06]
approving this." At that point, she go,
"Okay, go before the planning
[1:25:09]
commission." And at that point, you're
going to get told the same thing.
[1:25:12]
» Absolutely.
>> There also is a proviso in the zoning
[1:25:17]
ordinance where I mean in the subreg,
and this is in state law, that if a plat
[1:25:21]
is presented that meets the requirements
and it's not approved or disapproved
[1:25:27]
within 60 days,
>> I definitely remember that.
[1:25:29]
» It's automatically approved.
>> Yes. So, and that that is to ensure that
[1:25:35]
um nobody just gets one and sits on it.
>> It goes through the process.
[1:25:39]
» Um but um
and it you know if let's say that there
[1:25:46]
was ever a challenge about something
that challenges to if she's
[1:25:51]
uncomfortable with something that
challenges of this board
[1:25:56]
not a staff person. That's that's where
um that's the [clears throat] reason I
[1:26:03]
think if anything is
>> if you have never said the word
[1:26:06]
politics, we wouldn't be having this
conversation. Did that trigger you,
[1:26:09]
Brian? [laughter]
>> You're not a politician.
[1:26:12]
» I am not sure
at all.
[1:26:16]
» But she also should not be she should
not be taking grief over something
[1:26:21]
that's a hot issue.
>> Absolutely. And we tried to have her
[1:26:23]
back for the most part.
>> Right. Right. That's why if there's an
[1:26:27]
issue that's uh um um anything that's a
hot issue or combative or etc etc etc
[1:26:36]
that decision then should be made by
this board and not that set first.
[1:26:40]
» I agree.
>> Can can I suggest a wording change then
[1:26:42]
on this?
>> Absolutely.
[1:26:43]
» Can we put political in there? No,
>> you [laughter] pushing me
[1:26:49]
again.
>> Catherine, see see how you you feel
[1:26:53]
about this. If we where there's a
semicolon at the top of that page, it
[1:26:57]
says county subdivision regulations are
met. Semicolon. How about if we change
[1:27:01]
that semicolon to a period and strike
and approve or disapprove the plants.
[1:27:08]
» The next sentence then says, if
approved, this is what she does. Will
[1:27:11]
that work?
>> Did that save you? If approved, it's sh.
[1:27:16]
Yes.
>> Okay. Okay.
[1:27:20]
» Cook period.
>> Strike.
[1:27:29]
» That was simple enough. Less is more.
[1:27:39]
» I'm down.
>> Yeah.
[1:27:42]
» Yeah. I mean that that sounds great. It
does. We've addressed this. So last
[1:27:49]
address this
[1:27:55]
point a a point. Somebody comes in
brings a plaque. It is woefully
[1:28:02]
inadequate.
>> She gives them a list. They they she
[1:28:06]
gives them a list with six things. They
fix three
[1:28:10]
at that point. bring it to this body to
have them deny it.
[1:28:16]
» Yeah.
>> Um that you know no there's you reach a
[1:28:20]
point where just back and forth and back
and forth with some of these surveyors.
[1:28:25]
You know how that works. Oh yeah. So if
she does not take an action to approve
[1:28:29]
or disapprove in 60 days then you run a
foul of the state law that it's
[1:28:35]
» all right
>> automatically approved. So if she takes
[1:28:38]
it, it's you work with it for one month.
After one month, the next month, put it
[1:28:44]
on their agenda.
>> Okay.
[1:28:46]
» If she gives them something to correct
and they don't correct it though, then
[1:28:49]
is that not
>> Yeah.
[1:28:52]
» Do we still Does the time start from the
time she tells them instructions?
[1:28:55]
» Submitt.
>> Okay.
[1:28:56]
» It's submitt and I'll tell you this,
>> that's
[1:29:01]
» there are people who say it's submitt.
There are people who say it's the action
[1:29:06]
of uh planning commission.
>> Uh that is a hotly debated.
[1:29:11]
» There's actually not
>> submitt would be when they write a
[1:29:15]
check.
>> Um
[1:29:17]
» they got to pay 100 bucks to submit it.
>> It's like when they hand it in, she
[1:29:21]
says, "Well, you can't I can't take this
cuz you got to do this, this, this, and
[1:29:23]
this, and this." Now, when you get that
fixed, bring it back. I take your check.
[1:29:26]
» I mean, be my thoughts. And most of the
surveyors here that I see are are doing
[1:29:32]
a good job.
>> Yeah.
[1:29:34]
» Uh there are surveyors that
>> you won't put anything on. And I tell
[1:29:39]
you 90% of the time they're they're
elderly and they're still doing work and
[1:29:44]
they they they they can't do a digital
copy is uh you know there just times
[1:29:50]
that they they'll
>> it goes back and forth and back and
[1:29:55]
forth and back and forth. If it goes
back one more time, I give it to the
[1:30:00]
planning commission to say deny it
without prejudice and then they can say
[1:30:04]
when you correct this, we'll approve it.
But we'll approve it.
[1:30:08]
» Yeah.
>> Okay. Uh we've got I'm going to kind of
[1:30:14]
rain this in since we've talked a little
bit about it. We've got the copies.
[1:30:18]
We've seen some stricken language. Uh
we've seen some change language. Does
[1:30:24]
everybody have theirs marked where the
changes have been made?
[1:30:27]
» Well, I've got two golf cers one of
them, right?
[1:30:29]
» Okay. [laughter]
>> Different, but they're not the one we're
[1:30:33]
dealing with.
>> No, they're not.
[1:30:35]
» They're not.
>> Right. But we can get a copy made I'll
[1:30:41]
take with me.
>> Yeah, that's this one. And this has the
[1:30:44]
stricken.
>> Yeah.
[1:30:46]
» And the changes made.
David, I think it's good piece of work.
[1:30:51]
I like what I'm seeing. Would you be
willing to let us get these copies made,
[1:30:55]
have them, and then
>> go to next
[1:30:58]
» table to next meeting?
>> Absolutely. Uh, in fact, I'll make the
[1:31:01]
changes in the original draft that we
talked about tonight and give them to
[1:31:05]
Stephanie to to redistribute.
>> Okay. Everybody peace with that?
[1:31:09]
» Yep.
>> I am as long as like everybody's got all
[1:31:12]
their
>> It's all on the table now, right? Any
[1:31:16]
concerns or anything with this? Like we
just need a clean document to present
[1:31:19]
and approve. Yeah, I think I think this
is a good piece of work.
[1:31:23]
» Yeah, if something comes up, I'll let
you know in June.
[1:31:25]
» You're a good piece of work. [laughter]
>> Mr. Chairman, I'd like to make a motion
[1:31:30]
that we postpone uh final approval on
the bylaws of Jefferson County Regional
[1:31:36]
Planning Commission until next month, in
which time I will present [snorts]
[1:31:41]
a new draft of the document with the
three changes we discussed
[1:31:47]
today.
>> Okay. Second or you're going to ask for
[1:31:51]
a second?
>> Yeah, I'll ask for a second.
[1:31:53]
» You're learning often. Stick with it. We
have a proper motion on the forward. Do
[1:31:58]
we have a second?
>> Second.
[1:32:00]
» Is there any further discussion?
>> I hope not.
[1:32:04]
» Baleith. One more outburst. [laughter]
>> One more item.
[1:32:08]
» One more outburst.
>> Thank you. on the way out. [laughter]
[1:32:13]
» Being none, all those in favor of
postponement till June, let it be known
[1:32:17]
by saying I.
>> I.
[1:32:20]
» Down to item V five. Any other business?
>> Is today really Miss Sue's birthday?
[1:32:30]
» Happy birthday.
>> We don't have a cake for you.
[1:32:33]
» Thank you. I know. You could say
[1:32:37]
» you want a cake. So that's a bad
suggestion. [laughter]
[1:32:42]
» Yeah. Yeah. Leave the big the big main
one.
[1:32:46]
» We we we know we do have one thing to
show the group. So if you would allow
[1:32:49]
Stephanie a moment to go retrieve that
just to
[1:32:52]
» hold you seat. Sue, happy birthday.
>> Thank you.
[1:32:55]
» This isn't the case.
>> I love to get it was but
[1:33:00]
dread getting them. I love it.
>> I know this is a little bit out of
[1:33:03]
order, but I'd like to ask a quick
question. Uh item A being the final PL
[1:33:09]
approval for Ponderosa.
It was postponed last month, postponed
[1:33:13]
it again this month.
>> It's if it's postponed, it's till they
[1:33:16]
get their stuff together. It's not
tabled. So it's it's we wait until they
[1:33:20]
get everything together.
>> But you were talking about 60 days from
[1:33:24]
the day they submitted if no action is
taken. It becomes uh it's passed without
[1:33:29]
action.
>> No,
[1:33:32]
» but they have taken action. Postponement
is an action. Yeah,
[1:33:35]
» it's it's we're we're good and they'll
come back in June if they're ready.
[1:33:39]
» Okay.
>> Yeah,
[1:33:40]
» I appreciate it. You're very welcome.
>> Uh so the document she's bringing
[1:33:47]
» um we've um we've struggled with
um
[1:33:55]
a couple here. Um
[1:34:03]
other weird one that's just
that one the one from
[1:34:12]
» that's
[1:34:20]
um
[1:34:24]
» okay let me I'll bring up the one from
here.
[1:34:28]
» Sorry.
[1:34:33]
» I just can't read it if I print it
because of the size.
[1:34:40]
» Um,
so these have been quote unquote
[1:34:45]
submitted. Um they are obviously are
deficient
[1:34:52]
in a number of
that one was the one
[1:34:57]
» they've been submitted and will be on
the agenda for the June meeting.
[1:35:00]
Correct.
>> Um
[1:35:01]
» well well is we've not determined that
yet because they're unbuildable lots
[1:35:07]
under the water of the lake.
>> [laughter]
[1:35:12]
» So what happened is a property owner
bought the whole
[1:35:17]
» whole acreage under the water.
>> Yeah.
[1:35:20]
» This was a survey that was done in 2009
that was never recorded.
[1:35:26]
So when the when he purchased it, he
purchased it from somebody that it was
[1:35:30]
only done in a deed. it wasn't recorded
and now he's buying it and want to
[1:35:36]
subdivide it to all these unbuildable
lots and the hopes I guess of so selling
[1:35:42]
it to the other property owners because
TVA won't give them a dock if they don't
[1:35:47]
underneath don't own underneath the
water now
[1:35:52]
this is I've got two of them
>> this is the
[1:35:57]
» actually had a buddy that went through
some you know Todd Lacy he had to do the
[1:36:01]
same Yeah,
>> this is
[1:36:04]
um
>> that's the other one and I can't you can
[1:36:08]
» everything outside of the purple line is
underwater.
[1:36:11]
Uh and so I talked to
>> normally
[1:36:16]
» I talked to
>> maybe not right now. [laughter]
[1:36:19]
» I talked to an attorney with TVA
>> and I talked to another surveyor who was
[1:36:25]
worked with some of these issues. Um
[clears throat] there actually are is
[1:36:30]
property totally underwater that
there were people who owned to the
[1:36:37]
center line of the river
and their deeds went out there even
[1:36:42]
though TVA when they inundated it they
didn't totally go away.
[1:36:47]
» Mhm. [clears throat] Um, so if you don't
have technically
[1:36:53]
uh meet certain criteria, you can't get
a dock. So the intent, at least what the
[1:36:59]
in two individuals I spoke with,
[snorts] their opinion was that this was
[1:37:04]
being done in an effort to subdivide off
lots totally underwater and then sell
[1:37:10]
them to adjacent property owners so they
could get a dock.
[1:37:14]
It's as far as does it meet your
subdivision regulations. There's no road
[1:37:19]
frontage, there's no access, [laughter]
there's no sewer, there's no water.
[1:37:23]
» Our role is to build buildable lots. So
Steph and I have discussed this on
[1:37:28]
numerous occasions. I've made lots of
phone calls
[1:37:31]
» and like I said, the last two
with for this property were done on a
[1:37:38]
deed referencing this old survey that
was never recorded. So they went through
[1:37:43]
a title company
and the title company did the deed the
[1:37:47]
last one.
>> Oh yeah.
[1:37:50]
» And it's never been recorded.
>> So the original hasn't but has this
[1:37:54]
» These have been recorded. This is where
he bought it
[1:37:58]
and this is where they bought it
>> and it was referencing this survey
[1:38:04]
with all the writing saying that's being
particularly described.
[1:38:08]
» We just wanted you guys to be aware of
it. Obviously if It's not recorded
[1:38:12]
though. It's not legal.
>> Well, that's I mean,
[1:38:17]
» no, the most recent one is
>> surveyors,
[1:38:20]
» right?
>> Or two different attorneys right here.
[1:38:22]
But this one isn't. This is from
recording.
[1:38:26]
» Been recorded. They're referencing this
old survey that wasn't recorded.
[1:38:30]
» That was not recorded.
>> That wasn't recorded.
[1:38:32]
» Doesn't Cherokee just go to the high
water.
[1:38:34]
» It does. And so does watch bar.
>> You know, when I talked to
[1:38:37]
» that would take care of so much of it.
When I talked to the attorney that works
[1:38:41]
with TVA,
>> he said that all of this was
[1:38:47]
moot because when TVA inundated there
were uh federal legislation that it was
[1:38:55]
condemned
>> for water purposes for and so none of it
[1:39:00]
was applicable, but he was going to look
around TVA and talk to some people. So
[1:39:05]
TVA is is giving permits for docks based
on this.
[1:39:09]
» No. No.
>> So,
[1:39:11]
» but they also deny people docks.
>> They're denying these some of these
[1:39:15]
people docks because they don't own
under the water
[1:39:18]
» cuz they don't
>> because they don't Well,
[1:39:21]
» hold on now.
>> That's what
[1:39:23]
» they can't do that. There are certain
No, that's wrong. No, they don't own
[1:39:27]
down to the line.
>> That's what they property doesn't
[1:39:31]
necessarily touch the lake.
Yes, that's that's the deal.
[1:39:37]
» Stop short of the water.
>> Yeah. Well, according to this, the 102.
[1:39:42]
» Yeah.
>> Which is the high water mark,
[1:39:44]
» right?
[1:39:48]
» Again, we just wanted you to be aware of
it. We don't want you to do anything.
[1:39:52]
Yeah. uh you know from the standpoint of
a plat they don't meet any kind of your
[1:39:57]
criteria based on zoning or based on
zoning criteria and subre criteria
[1:40:04]
to approve them. They can't be approved.
>> It sound political to me. [laughter]
[1:40:09]
» Somebody's trying to charge somebody
that's done about water property.
[1:40:14]
» So So here would be my thoughts on this,
you know. So, if this guy paid
[1:40:18]
[clears throat] $1,000 for all this
underwater property and he's divided in
[1:40:21]
lots, he can only take that $1,000 and
divide it out by every how many lots and
[1:40:24]
that's all he can charge.
>> He paid $100,000 for it
[1:40:28]
» for that.
>> Yeah.
[1:40:29]
» And how many lots he got.
>> But
[1:40:31]
» but he bought more than just this.
>> No, he just bought what was under the
[1:40:34]
water.
>> But how far out does it go
[1:40:37]
» to write? All that shows it's just a
stone parcel.
[1:40:41]
» I don't think we can stipulate what he
sells it for. We
[1:40:44]
» could. And I don't think we could
approve it either. cuz it fell under
[1:40:48]
water.
>> Yeah. I don't know why you
[1:40:52]
» you uh and this one is the one that
really scared me.
[1:40:56]
» Um
>> I have no idea
[1:40:58]
» what what your DA is, do all these other
lakes, [clears throat] right?
[1:41:01]
» Also, you cannot represent somebody
else's property and record it
[1:41:07]
without their signature.
>> Yeah.
[1:41:09]
» So, from a number of different
standpoints, these do not meet the
[1:41:13]
criteria for submittal. So, they're not
um
[1:41:19]
that's what we're basing that on, but we
wanted to make you guys aware of it.
[1:41:24]
See, if you had ever seen anything like
this or been aware of anything like this
[1:41:29]
has occurred, I've never seen this.
>> I actually have a friend of mine bought
[1:41:34]
a piece of property and then found out
he could not have a dock there. He had
[1:41:39]
to buy a piece of property that was
underwater so he could have a dock.
[1:41:44]
What was he? Where was Todd at?
>> Muddy Creek.
[1:41:46]
» It was over near the sheds.
>> This is Muddy Creek.
[1:41:49]
» Yeah, Muddy Creek. Todd's place, pretty
sure.
[1:41:54]
» And at least one surveyor that I spoke
to said this was that was the reason for
[1:41:59]
doing this.
>> Um
[1:42:02]
that there would there would be an
attempt to go to these property owners
[1:42:06]
and sell it to them and combine it with
their lots. and and uh the surveyor I
[1:42:13]
spoke to said they had done it before
one lot at a time.
[1:42:19]
» One lot at a time because and and then
you had the person's signature, etc.
[1:42:24]
That one's got Jeez.
>> So that's a cove on two sides, right?
[1:42:30]
Right.
>> Yeah. This one.
[1:42:31]
» This one is big one is.
>> That's right.
[1:42:33]
» Who checks the pins on them?
[laughter]
[1:42:39]
» That's stupid.
But it's being done and there's money
[1:42:43]
changing hands.
>> How much do they pay usually for a lot
[1:42:48]
for or a lot underwater?
>> Eddie, [laughter]
[1:42:53]
which it it would be I would feel better
about
[1:42:59]
» Thank you for sharing. Could we
[laughter]
[1:43:02]
could we even approve it though if it
violates all of our
[1:43:05]
» right that
>> if it was being combined with adjacent
[1:43:09]
property but that's not what these are
doing it shows
[1:43:13]
» he wants it or whoever it is wants it
divvied up and then they're going to go
[1:43:17]
» he wants to contact all the property
owners to buy one of the joints
[1:43:20]
» and really do it the other way around
>> if someone who didn't own property
[1:43:25]
bought one of these tracks somebody
didn't own adjacent property and they
[1:43:28]
bought one of these tracks and they
wanted to anchor a house boat on top of
[1:43:32]
their property. Lake City, there's house
boats all over that thing and they've
[1:43:37]
got property. They run electrical lines
to them.
[1:43:40]
Underwater cable.
>> Oh, been there. Seen it.
[1:43:44]
» And they're not like in a marina where
what is that? A boat. That's a boat.
[1:43:48]
That's a house.
>> It's It's a house boat.
[1:43:51]
» House boat or boat house. house.
>> They've got docks on the on the house
[1:43:55]
for the boat to pull into, for the jet
ski to pull into, and they run an
[1:43:59]
electrical cable from the utility. You
can pick a 100 or 200 amp. And 200 amp's
[1:44:04]
$20,000
to get a drop to your house,
[1:44:09]
boat house.
>> And so you own the land on the lake and
[1:44:11]
you're looking out at somebody else
using the water.
[1:44:16]
» Well, this doable in different places,
I'm sure.
[1:44:19]
Washington State, Columbia River,
Georgia. I'm sitting out there in front
[1:44:22]
of the river. Got houses. I mean, houses
built on poles. River goes up and down.
[1:44:26]
Houses go up and down.
>> Mhm.
[1:44:28]
» Garage doors. Pull our boats right in.
Just hit the remote. Drive your boat
[1:44:31]
right in the garage.
[1:44:34]
» Sure do. Wonder if I can buy a bunch of
that lake bottom property.
[1:44:39]
Start selling.
>> What was it? Somebody said you they gave
[1:44:42]
you a price for how much they paid for
it.
[1:44:45]
» And they got the deed. He paid $100,000
for that property.
[1:44:48]
» He paid a hundred for all this.
>> For all that. That's under the water.
[1:44:51]
» And the deed you've got is this recorded
the whole thing
[1:44:55]
» written out.
>> Okay. It's not one lot.
[1:44:58]
» No, it's two tracks.
>> Two tracks.
[1:45:01]
» Maybe the only way we can afford to buy
land now.
[1:45:03]
» I think [laughter]
>> I think we need to need to get Katherine
[1:45:07]
to draw up where she disagrees with it
and just give that to [laughter]
[1:45:13]
» Yeah.
>> Um
[1:45:15]
» I thought we had a good meeting today.
You know that's uh uh
[1:45:19]
» if you believe that I've got a piece of
property on Norris Lake [laughter]
[1:45:24]
property.
>> Thank you all for showing this to us.
[1:45:28]
And I don't know how we move forward
with something like this. Uh I mean if
[1:45:32]
they've submitted
>> you get to deny it because it wouldn't
[1:45:36]
meet the regulations and then it puts
them back in their ballpark to figure
[1:45:38]
out how to do it
>> to figure that out. But we've got to
[1:45:40]
give them guidance on how to meet
whatever they need to meet.
[1:45:43]
» One lot at a time.
>> One lot at a time. That's not even Yeah,
[1:45:47]
that's not even a original.
>> I wouldn't want to prevent I wouldn't
[1:45:51]
want to prevent anyone that bordered it.
I mean, if I live there and I wanted to
[1:45:54]
buy it,
>> Yeah.
[1:45:56]
» I don't want to prevent that, but I also
don't want to violate our
[1:45:59]
» Yeah. rules. rules.
>> You know, again, if they if they came in
[1:46:04]
like brought lot 25 and 25 L and
combined them, then the determination
[1:46:12]
would be Yes. You It's a It's a two lot
subdivision. Here's a great example.
[1:46:17]
» Right.
>> Stephanie [laughter] can approve it.
[1:46:20]
» Yeah.
You can
[1:46:22]
» That could be That might be too
political.
[1:46:24]
» Yeah, it sounds like it. [laughter]
Um that but that is the okay way to do
[1:46:32]
it. Um
>> so that would be the guidance though
[1:46:36]
» and and why do they have to have that in
order to be able to have a dock?
[1:46:41]
» Cuz the government got involved.
>> Oh that's why it doesn't make sense.
[1:46:46]
» Yeah. Money.
>> It's political. Brian
[1:46:49]
[laughter] they go hand in hand. Some of
those houses have dogs.
[1:46:54]
» Some of those houses have dogs. Well,
nobody has a dog without channel.
[1:46:58]
» There's nothing black and white on this
one to make a decision.
[1:47:00]
» No, no, no, no, [laughter] no. And and I
don't even I I mean, Has anyone asked
[1:47:05]
you to approve it or
>> Oh, he just he wants it approved. That's
[1:47:09]
what he wanted me that's what he wanted
me to find out cuz I told him I couldn't
[1:47:13]
sign it. It was under the water.
>> Yeah.
[1:47:15]
» And that's where we need your guidance,
Madam Planner.
[1:47:18]
» Um I lost a whole field of wheat right
there.
[1:47:21]
» Third back to
>> you know, we actually toss back
[1:47:23]
[clears throat] and forth. Should we put
them all on your agenda and have them
[1:47:26]
all denied?
>> Just tell if I get flood insurance.
[1:47:30]
» How many? [laughter]
All of them. How many are there?
[1:47:33]
» 31. 34. There's individual one.
>> 24 30 31.
[1:47:38]
» And why they all came in?
>> The month of May.
[1:47:42]
» Yeah.
>> The same few weeks.
[1:47:44]
» There's 32 on this one.
>> I guess the water started off somewhere.
[1:47:48]
» He figured out what he had.
I mean, maybe he serve they surveyed it
[1:47:53]
while the water was low pool or
>> Well, they did. And this was 2009.
[1:47:58]
» Oh, well,
>> well, the water leaves there every year.
[1:48:02]
» They can survive.
>> Half of it out on dry land now.
[1:48:06]
» This one here's got 42 lots.
>> Yeah.
[1:48:10]
[snorts]
>> But they can do it one lot at a time.
[1:48:14]
» They can do it one lot at a time.
>> As long as the property owner above the
[1:48:19]
water is willing to buy it. Well, that's
what they would be doing is combining.
[1:48:23]
Yeah, you would it would be a two lot
subdivision. You would be eliminate the
[1:48:26]
lot eliminating lot.
>> Why do they have lots under the water
[1:48:31]
anyway?
>> Well, the water wasn't there first.
[1:48:34]
» Well, there they
deeds went to the center line of the
[1:48:39]
river.
>> Oh, I got you.
[1:48:40]
» So, that is the Gotcha.
>> So, they condemned up to the 1002.
[1:48:47]
[clears throat]
Then the usable land was above the 102.
[1:48:51]
So people bought those
>> and now
[1:48:53]
» it sit dormant for years. I mean in the
80s you couldn't give away like
[1:48:57]
property.
>> I know.
[1:49:00]
» No you can't afford
>> you can't afford to buy it. Yeah. You
[1:49:03]
ain't just kidding.
>> Okay. That's a good uh thing to close
[1:49:08]
on.
>> So Katherine, you're going to work with
[1:49:11]
Stephanie on this
>> and stuff. get things ready for her on
[1:49:15]
what's the best way to move forward
>> with [laughter] the two block
[1:49:20]
» with this whole deal
>> again. I've been asking a lot of
[1:49:23]
questions. I've called I've called
everybody I know
[1:49:26]
» and you talked to Brandon had you talked
to Brandon Jared, didn't he?
[1:49:30]
» I called him. He never called me back.
>> Here's the deal. It's only going to be
[1:49:36]
on Douglas.
>> Yeah. I mean, that's the only lake it's
[1:49:39]
on because they bought the property to
the high water mark everywhere else.
[1:49:43]
Yeah.
>> All the TVA changes.
[1:49:44]
» Yes, sir.
>> You mean you don't have this trouble
[1:49:48]
that way
>> and in in some like Waga Lake, there is
[1:49:51]
no private property on the lake.
>> There are no houses on Lake. There's
[1:49:56]
» Dale Hall. Same way.
>> Yeah. Yeah. So they I guess they just
[1:50:00]
treated everyone different.
>> But Douglas is the only one that they
[1:50:06]
» didn't buy the property. All the rest of
the lakes you only own down to the high
[1:50:10]
water mark.
Cherokee North watch bar Loud and
[1:50:14]
Teleico yada yada all the TVA chain
lakes right on down. [snorts]
[1:50:19]
» Okay.
>> Okay. So,
[1:50:21]
» okay.
>> Katherine and Stephanie's working on
[1:50:23]
this and they're going to come back to
us what they come up with. Anything else
[1:50:27]
y'all like to present?
>> Any other fun topics?
[1:50:32]
» Being no other business, I'll entertain
a motion to adjourn. Have a motion. Do
[1:50:37]
we have a second?
>> Second. All those of favor can