[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:00] I'm sure reciting it goes like, and what's that term, what's good?
[0:04] Yeah, I can't explain it to you at the time.
[0:08] Or, you can say I have a suggestion.
[0:11] I'll say the copy of the policy.
[0:14] After the passively.
[0:16] You don't want to cost us an issue to be out there.
[0:18] We have our side clear too, and they get there.
[0:25] Yeah.
[0:26] and he dug down really deep so that they don't possibly happen each time now now we just got to get grass
[0:35] It looks a lot of stuff
[0:37] Oh, yeah, it should quite a lot of that
[0:43] We're gonna be alive. Yeah, okay
[0:48] All
[0:54] right, it's six o'clock
[0:58] So why don't even know the clock back there does that say six o'clock. That's it fell from the wall. It's broken now
[1:08] No, it's six
[1:15] five
[1:46] enjoy you can get in your paper okay, right?
[1:51] I have to tell you that your son will order me.
[1:54] Yeah, I can't.
[1:55] Yeah, I'm not having a problem at all.
[1:57] I still re-books there.
[1:59] You have to turn the page in more.
[2:16] I'm order.
[2:20] Yes, thank you.
[2:22] Okay, we all signed in.
[2:29] So why don't we come to order?
[2:32] Let's begin with introductions.
[2:34] We'll begin with Commissioner Dea.
[2:35] Do we out of Del Commissioner?
[2:38] John Deluca Commissioner.
[2:42] Dale Grimes.
[2:44] Marshall All-Britney City Attorney Austin Edmonds and Acting City Manager all right thank you
[2:51] Please join me in the pledge of allegiance
[2:59] of the United States of America and to the
[3:02] Republic for which it stands one nation under God in the distance with liberty and justice for all thank you
[3:19] And just so everyone knows Commissioner, I mean Vice Mayor Evans is on his way, he had a commitment, legal commitment to mediation he was in and he's going to be some about another 30 minutes later, so.
[3:35] And then I would just ask him and we've already advised each other, but there he is, I just boy that was a fast 30 minutes.
[3:42] Come right in.
[3:44] We just started.
[3:45] We just started.
[3:46] Straight out of mediation.
[3:47] All right.
[3:48] And so.
[3:49] Longer than expected.
[3:50] They all come join us.
[3:53] Just remind everybody to speak into the microphones.
[3:57] It is absolutely true that if you don't, you don't get picked up very well on the recording.
[4:02] And I suppose out to the streaming world either.
[4:06] Now it's time for the approval of the agenda.
[4:09] Everyone's had the agenda and had the opportunity to review it. Is there any
[4:15] Is there a motion to approve the agenda?
[4:17] submit a Dail second second Deluca
[4:21] Anyone wish to make any changes?
[4:24] All right all in favor of approving the agenda say aye aye opposed? All right
[4:31] Now it's time for public comments and so the floor is open for public comments Mr. Crenshaw
[4:38] Please come up to the podium and state your name and address and give us your comments.
[4:45] Please?
[4:47] Morning.
[4:47] I'm Mayette Krinchau.
[4:48] I live on Firestaker's Court.
[4:50] I'm 32.
[4:52] And my question today is, has anything been proposed for Firestaker's Court?
[5:00] And the drainage problem there.
[5:03] We've got water running across the road because the culverts are stopped up.
[5:07] and we're getting a lot of deterioration of the road itself or the water is going across.
[5:14] And that's basically my next door neighbor is the water is pouring into their front door
[5:22] and down the side of their house and they're the one that had about $80,000 wall up and it failed again.
[5:29] And we're still got a colonial sole problem there. So in my house, I'm going to put it up for sale.
[5:37] And the next year, because it's sliding off its foundation, because of the water, it's coming across the street in front of my house.
[5:45] And so, just need to know, is there something being done or planned for our Secretary's Court, culverts, and drainage.
[5:54] Thank you.
[5:55] Thank you.
[5:58] Let me just ask you Mr. Cringe.
[6:00] Have you, I assume you've reported this to the city.
[6:06] Okay. All right. We have to know anything about that address.
[6:12] That looks specifically known.
[6:14] That's not my hand.
[6:16] Okay.
[6:16] The most reason was about two months.
[6:22] Okay.
[6:22] They would come out and train and pull.
[6:29] Okay.
[6:30] So there's another culvert that needs to be cleaned out.
[6:33] Six.
[6:34] Maybe
[6:43] the ones under the street is we understand it.
[6:48] Okay.
[6:49] But one culprit that got cleared out of hell,
[6:55] ain't clear for a justice or
[7:08] just mud or debris or what?
[7:15] I'm familiar with your situation.
[7:17] I mean, not that, but I'm familiar with the typography there,
[7:20] and you've got on a cross-to-street from
[7:21] you've got to hill about like that,
[7:23] and then you get the street and then it's behind you,
[7:26] you've got to hill about like that.
[7:30] All right. Well, thank you. I think it's been noted for the city to look into. Thank you. Any other comments? Public comments? Mr. Kennedy?
[7:43] 24 hours till the start, National Tennessee, 3-7-2-2-0.
[7:51] It was good today to see, excuse me, that's good to see our friend here, Tommy, and
[8:01] Air and Austin, and they're out in the district, and I actually think they were working themselves.
[8:07] And so I pulled up one time, and I put my window down, and I asked the workers for a round of applause here for Austin.
[8:16] But anyway, it was good to see everybody out.
[8:20] And then Tommy was out there today, and I asked Tommy, well, you know, I thought he was the supervisor.
[8:25] And he said, no, I'm lifting all the work.
[8:28] It's in throw, no, the watering.
[8:30] So it was very pleasant.
[8:34] and I hope you didn't hurt your back anyway. So I want to read a few things. First thing I want to read
[8:46] I have to get my glasses out because I have to have two pair of some time. I don't want to go to a stronger pair.
[8:55] Anyway, so how does that look, everybody?
[9:00] So this is eight years ago. It's just it's amazing
[9:03] what doesn't change, what does change.
[9:07] But this was peabond study at the time.
[9:11] It said, impact on local traffic as infrastructure.
[9:15] And it says, alternative to RL, SNA route,
[9:22] would have required significant disruption
[9:24] of an extended period of time to two of Nashville's
[9:29] these stretches of non-interstate roads.
[9:32] Old Hickory Boulevard, and Franklin and Seraphil
[9:36] down to Frank's and Pike.
[9:38] And so eight years later,
[9:41] good-own Franklin Road, that's what they're doing.
[9:46] So, you know, it just shows you that, you know,
[9:52] that my opinion is they could have gone all the way down
[9:55] Hold the grill, boom, fire, gun across, Gernie White,
[9:59] and never ever encroached on land.
[10:04] Anyway, the next thing I want to say is,
[10:09] during the current construction, next door to us,
[10:13] or they have that station.
[10:17] They constructed a 25-foot wall.
[10:19] It was a steel wall to hide all that what was going on in there.
[10:26] And they were, it was amazing.
[10:28] How many trucks were dropping stuff in there into the ground?
[10:34] And anyway, after they did some more work there and pulled that down, they do have a retaining wall there.
[10:45] That was built during the, during the first time that people was there.
[10:50] The retaining wall was built with blocks, okay?
[10:55] And if you watch any time you watch when all these waters have come,
[11:00] all the waters see through all these retaining blocks.
[11:04] And the city of Oak Hill requires engineering,
[11:11] What do you call them?
[11:16] I'll just give my other notes here anyway.
[11:19] They're engineered concrete walls.
[11:22] OK, so if you see a lot of the houses there are built now,
[11:25] you're seeing engineered walls.
[11:26] The one that was said, there's a house up there in New York,
[11:29] 928, I believe.
[11:32] And that was the house that they took,
[11:34] I'm told, 300 loads of colluvial soil out
[11:39] and then they replaced it with rock and stone.
[11:44] And as a city of Oak Hill, I actually stopped that.
[11:48] You know, what they were doing at the time.
[11:50] And they made them go back to the planning board
[11:54] so that they would wreck these engineering walls.
[12:02] Next thing I just want to say is that it's amazing.
[12:06] You know, for seven or eight years, I would come in here.
[12:09] pressure, a lot of people commit, and we'd ask for the first of what we felt that was a
[12:16] permanent back of those days. And it was denied denied, denied every meeting I'd be in,
[12:22] it was denied denied. Anyway, so, but amazingly, in 2019, when I, after I, I was at the
[12:29] meeting, and I happened to hear you talk with Stacey, and I knew there was a, I knew
[12:35] of a department somewhere, and they came in and I saw the codes, your codes guy at the time,
[12:42] and he had only been here, I don't know, two or three months, and he said, let me go and
[12:49] see what I can do, and he went and spent about a half an hour, came back and said he found
[12:56] this, and he had to admit that was the first, and knew that there was a permit.
[13:01] And what I want to say about him is all the commenders because at that time when I came in,
[13:09] he and I just sat and told like, man, and then he actually took action, went down, took
[13:16] half in our situation, I was in came back and said, I think I found you something, and that
[13:20] was the first time we had found that what a permit is did exist back then, and then you've
[13:28] the letter that I'm going to give you a copy of here with a few other documents. I want you
[13:35] to put in the record for tonight's meeting.
[13:40] And what we want is we want a retaining wall
[13:46] built at the back of our house. And we want all that mud and dirt and everything that slides down.
[13:53] You've been out there and you've seen it.
[13:55] It's going in all types of different directions.
[13:58] We want that to stop.
[13:59] We wanted to our whole yards because, like I was going to say,
[14:04] a rugby field in Ireland back in the day,
[14:06] but now they have them flat.
[14:08] And so you don't have to play kick in the air.
[14:10] But our yard is just unbelievable.
[14:14] And the force of these waters is unbelievable.
[14:17] because when we had the French train built, one would have never
[14:26] a thought at all those stones and rocks and everything would be washed
[14:29] all the way down the driveway, which you actually saw witness, I think you
[14:34] both witnessed them. So what we want is the retaining wall, and we want our
[14:41] yard to be fixed. And in that, what they do, what we need is somebody
[14:46] bring in about 10 loads of mod and errors and reposition that yard.
[15:00] We also want, we have AFS, AFS is a big comment and they do insulation in your garage.
[15:11] They've been out and gave us a quote, all the quotes I had are all 2019 quotes.
[15:15] But they came out and they come in and they have this whole deal where they insulate your garage.
[15:22] And, you know, and make sure that the waters are going, everything is stopping, it's not coming in and flooding our garage.
[15:30] Our garage actually, if you look at it on the inside, you can see what, you know, where it was built, you know, similar to what you're probably talking about.
[15:39] You can see where all the, the mud and the dirt is just washing, washing the whole thing right across the garage.
[15:45] We actually had to build a platform recently, just to be able to go in and see where the
[15:57] he's are, the he's are in the air financials, so people get across and anyway so we want
[16:05] that fixed and we'd like to, there are several areas in our yard, we'd just like them to cut
[16:10] those areas, replace those areas, and fix our, and fix our back patio, and there are some areas in the patio that are okay, but most of them are not.
[16:28] And basically, you know, I'm looking at it, it's
[16:38] a lot of, you know, in a quote, there's a lot of things that one has to do.
[16:43] The quotes we got were at 2019 since then, the gentleman I'm talking to, he has told me that this quote would have done up 50% due to construction cause and labor.
[17:06] Can you provide that to the city manager and will that conclude your comments?
[17:16] You mean give you a copy of this?
[17:18] Did you want to?
[17:19] I'm not sure.
[17:21] I'm actually gave, I gave Joey a copy, she has a copy, but I can give you a copy.
[17:31] I will be there.
[17:32] Okay.
[17:33] Do you have something, another point?
[17:35] Okay.
[17:36] So my
[17:40] boss told me that I have to hang out with my boss, not just one of my boss at home.
[17:51] Just a letter that's essential and tells about permit.
[17:56] I don't know.
[17:58] I don't know.
[18:01] An injury.
[18:02] Thank you.
[18:09] Thank you.
[18:16] Thank you.
[18:29] And...
[18:29] Whoa, whoa, whoa, whoa, whoa.
[18:30] Be careful.
[18:38] It's our protection, I think.
[18:40] Exactly.
[18:41] What is there for?
[18:47] I say what you're saying.
[18:48] Now, did you give this to the city manager?
[18:49] No.
[18:50] Okay.
[18:51] I think it's probably better go to him.
[19:04] If you can, if you can, come to your conclusion, that would be great.
[19:08] So we can continue with our meeting.
[19:10] a public how much are obviously very important that the public how much is to say thank you and
[19:24] please alleviate our problem that Piedmont caused and go to Piedmont and ask him to pay for
[19:33] which I probably would do or the city can go and pay for.
[19:39] Okay. Thank you. Thank you very much. Okay. Appreciate it. Thank you, Trisha.
[19:45] All right. Are there any other public comments?
[19:50] Okay. Seeing none. Let's move to the next item. On the agenda, which is the approval of the minutes. We've got the minutes of February the 22nd and we have the minutes of March the 12th and they've been previously provided. I think there have been some minor corrections that have been made to them.
[20:11] Since they were distributed, anything that you shouldn't feel like you should know, you've got the, I mean, they're mainly grammatical and that sort of thing.
[20:22] Nothing substantive that I'm aware of.
[20:26] Joy, did you have comments?
[20:27] Have corrections that were substantive?
[20:29] Yeah.
[20:30] I'm grammatical.
[20:31] Okay.
[20:32] All right.
[20:33] So everybody's had a chance to see.
[20:36] Let's, is there a motion to approve the minutes of the February 22nd, regular meeting?
[20:41] Some moved?
[20:42] Demarko.
[20:43] Is there a second?
[20:44] Second.
[20:45] All right.
[20:47] Corrections or additions?
[20:49] All right.
[20:49] All in favor, please say aye.
[20:51] Aye.
[20:52] Opposed?
[20:54] All right.
[20:54] Now, is the special meeting of March the 12th?
[21:00] Is there a motion to approve?
[21:02] To move?
[21:02] O'Dale?
[21:03] Second.
[21:04] Second.
[21:04] Marco, are any corrections or additions suggested? All in favor, please say aye. Aye. Aye.
[21:14] Opposed? All right. Thank you. Okay, let's go to the next item which is the financial
[21:22] reports which we have just received and
[21:30] suggest perhaps we should take a moment to take a look
[21:34] them to see if there's any. Or if the board wants to review them at your
[21:41] leisure and send me any questions, I'll be happy to get them addressed. Again, the
[21:46] bottom line is you still remain solvent.
[21:54] Well,
[21:57] that's good.
[22:04] I think we may
[22:05] remain more than solvent. I guess a question I've got Austin is where are we
[22:10] and needing to amend the budget for this year?
[22:15] You will, in fact, I sent an email to imptast today looking for a template to do just that.
[22:22] That effort would also mirror your budget review process in any budget amendment would have to be passed.
[22:30] And adopted on-second reading prior to the close of this fiscal year.
[22:36] Okay. Then we've got April May and June. It went to readings. Right.
[22:43] Do you, is there an amount that we're going to need to change this by?
[22:50] I'm not sure yet. I think whatever the amount would be would have to be.
[22:56] Well, obviously, it's going to happen to me and I don't have to cover your minimum obligations,
[23:01] but we might just fudge it a little bit more just to make sure we've got it covered.
[23:09] And that is because of what any particular area or line item, well, personnel costs have been
[23:15] higher than what you would have projected because of the dual city managers for a while.
[23:22] Uh, you had a, uh, uh, uh, I don't know what adjective to use about the snow and ice removal
[23:29] costs.
[23:32] That's enough.
[23:34] Well, that's the one I was going to use.
[23:40] Okay.
[23:41] Those two alone, I think would drive a budget amendment.
[23:49] Obviously, I haven't had a chance to review it.
[23:51] So, I don't know.
[23:52] I guess one question, Austin, is there, you and I had a conversation about this this afternoon
[23:57] and I understand there's some technological difficulties in our
[24:03] keeping person, CPA, whatever, working remotely and getting into our system.
[24:11] Is there a fix for that so that we get them in time next time?
[24:15] Well, we can look at a short term fix to try to see if it works smoother.
[24:23] You have nothing else we're just going to carve out some time that he can be here
[24:26] and have access to the PC to do is work that's not the ideal situation, but if that's what it takes, that's what we're going to have to do.
[24:37] Well, I would request that and hope that that would work out. I mean we've got station back there where you were working temporarily, is that still available for someone?
[24:47] It's got to be configured properly, and I'm not sure that that one's configured properly.
[24:52] Because if you remember, I was on the laptop back here. I wasn't necessarily on that PC.
[24:58] Yeah, they're similar to that.
[25:01] Well, it would be, it would certainly be better for us to get these in time where we can look at them and review them at the meeting.
[25:08] He wouldn't have any, David, your speeding speed reading.
[25:12] Well, you know, I think some of these questions, if we ask,
[25:15] Austin, he'll need to talk to the accountant, so I'm probably not going to ask any questions at this time, just having seen them.
[25:25] Austin needs some time to figure out the answer, so I'll just have to email him.
[25:32] Or I'll be mine.
[25:35] What about it?
[25:36] Can you share those with the rest of us?
[25:39] Well, I know, I can't, don't admit.
[25:41] Yes.
[25:41] Well, I had to just look at myself.
[25:43] No, I mean, when you do.
[25:44] Oh, yeah.
[25:45] I thought you had any right?
[25:48] No, no, no, no.
[25:49] What ask you for your crystal ball?
[25:52] All right.
[25:53] Anybody else have any comments?
[26:02] All right.
[26:03] Well, we'll accept that.
[26:04] I'm just going to make a note here.
[26:18] All right.
[26:18] So everybody take a look at that.
[26:21] And after the meeting and if you've got any questions to provide.
[26:26] And I guess the other thing I would just say is on the format, I think we're getting to the format that we were asking for, but I just haven't really had a chance to study it.
[26:37] We've got the full year budget.
[26:40] We've got the year-to-date actual and the year for this year and year-to-date actual for last year.
[26:44] I think that's what we wanted and then the month by month.
[26:47] What I asked Mark to do was to go back and watch the video and listen to what was discussed.
[26:55] and his reports are based on what he heard on that video.
[27:01] Well, it looks like that's what I was looking for,
[27:03] is that right with you, David.
[27:06] And with the statement of cash flows,
[27:09] which is new, isn't it?
[27:13] That's new.
[27:13] That's new.
[27:14] That's good.
[27:15] I'm glad we've got that.
[27:18] And then this other version of the P&L,
[27:23] which is compared this year to last year to date and the percentage change.
[27:32] Now, do we still have the, I have to say I did like the feature when we were getting the
[27:39] percentage of budget used. That was last time because what you wanted instead of that.
[27:48] So, we didn't do that. Well, where was that? Which report was that on? Was that on this one?
[27:52] It was a, it was a different format of report that was unique to that particular month.
[27:59] Well, I, it was helpful. I mean, I see the percentage change from one year to the next,
[28:09] which is good. That's helpful. That's a helpful metric.
[28:15] But it would be helpful to also have a percentage of the budget that we already spent.
[28:19] Let's see if he can regenerate that.
[28:22] May I ask a question?
[28:23] Yes, sir.
[28:24] Paul investments.
[28:27] And I may be wrong.
[28:28] I thought I would recollect that stone wealth
[28:31] had rolled some of that cash
[28:36] into investment, the short term investments.
[28:43] Now we're looking just now here to see this.
[28:48] It seems that we went up in cash, but in basketball state we're saving them on this and so on.
[28:57] We haven't seen the transaction verification in all those yet.
[29:01] Yeah, see, we just talked about that in the last bit that the February meeting had the investment coming.
[29:06] Yeah, I remember.
[29:07] And that was the end of the February.
[29:08] So that's just a month ago.
[29:10] And this is as a February 28th.
[29:12] So the transaction had happened at that time.
[29:15] That's right.
[29:15] Yeah. Yeah. That's my interpretation.
[29:26] Okay. You by having anything else?
[29:30] All right.
[29:31] Good. Let's move on.
[29:35] Number eight. Old business.
[29:37] We don't have any old business on the agenda.
[29:40] New business.
[29:42] We have a resolution.
[29:46] And that's in your.
[29:48] Pack it must get me over something because the next thing in my packet is the calendar
[29:53] But we haven't gotten there yet
[29:55] where is
[29:58] the resolution
[30:04] I know it sent out because I was given corrections on it. I know it got out there.
[30:12] Very good. Here it is. It's resolution 22, I'm sorry. Resolution, potential spam, of course.
[30:21] At least that tells me, you got that, it was in the package.
[30:26] I just didn't have the right hand.
[30:29] It's short handed.
[30:30] OK.
[30:32] This is resolution 2022-01.
[30:36] A resolution requesting that David is an accounting election commission to hold a general election
[30:41] for the city of Oakfield, Tennessee, in 2022.
[30:45] Has everybody had a chance to review that?
[30:50] So basically, I think this is just put basically papering what's already the fact I did find out that
[30:59] they told me that you're going to have an election this year and I said, well, yes.
[31:05] And I said, well, we haven't heard anything from you.
[31:08] So, just one of those things that nobody knew we needed to do, but they went ahead and the election commission put us on the ballot, so that's all taking care of.
[31:19] This is just our authorization that we need to send to them, I guess.
[31:23] Yeah, I did see that I mispelled Davidson as well, so.
[31:26] And county.
[31:30] Spell, let's spell check, just didn't do it in Diddly.
[31:33] I don't know how they bled that one through.
[31:37] I was still looking like any words I've ever seen before.
[31:42] I think in the public wellware.
[31:45] Yes, yes.
[31:47] Yes.
[31:47] Not speaking of shoes with malware.
[31:51] Okay.
[31:52] So we're getting corrections.
[31:54] Yes.
[31:55] Yeah.
[31:55] I'm going to change that.
[31:56] Because I didn't pick up on Davidson until just now.
[32:00] Yeah.
[32:00] I'll fix that before you leave tonight.
[32:02] Because we do need to get that when executed in.
[32:07] Okay, all right, did you get county?
[32:10] Yes. All right.
[32:12] So is there a motion to approve this resolution as with the spell check changes?
[32:21] The move.
[32:21] Oh, Dale, is there a second?
[32:23] Okay.
[32:24] All right.
[32:26] Any discussion?
[32:28] All in favour?
[32:29] Say aye.
[32:30] Aye.
[32:32] Opposed?
[32:33] Okay.
[32:33] that we will have an election.
[32:37] Thank you.
[32:41] All right.
[32:42] The next item on the agenda is an action item,
[32:45] and this action item is entitled,
[32:47] Piedmont Pipeline Issues,
[32:49] and it says Commissioner O'Dell.
[32:52] Yeah, at our last meeting,
[32:55] or board workshop,
[32:57] I can't remember that.
[32:57] I was in the last meeting.
[32:59] Yeah, I was,
[33:00] I made the statement that I thought
[33:02] that there might be some safety issues.
[33:05] along the Piedmont pipeline where I misunderstood and I heard wrong that a 5-inch pipeline
[33:13] was put in and that that was too small and that only had a 10-year life span.
[33:20] I had, but other done some research and the information I obtained was, or I was corrected.
[33:29] So I stand corrected on that statement, I think I sent an email to all of you stating that.
[33:37] So I've seen that there are no identifiable safety issues I would just withdraw this discussion.
[33:47] All right.
[33:50] I think she can do that.
[33:54] Very good.
[33:54] So the corrections are your withdrawal of this safety issue statements is noted.
[34:03] All right, next item, on the agenda is to discuss the fiscal year 23 budget schedule.
[34:12] In your packet, I've given you just calendar dates and how things are going to happen so
[34:21] that we can back things out again, the fact that on June 12th, you need to publish the public
[34:29] notice 10 days prior to June 28th, which is your final reading on that, so that has to be published 10 days prior.
[34:39] So the public hearing is on the second reading.
[34:43] The second reading, not like zoning change.
[34:45] No, okay,
[34:50] all right, let's assume that it was that mean.
[34:53] Well, that means we didn't, it's just there so that it gets noticed
[35:02] because obviously 10 days prior to June 28th would be the 18th.
[35:06] So they're just giving yourself a cushion.
[35:09] Yeah, just miss a little cushion.
[35:18] All right.
[35:19] And our agenda, or our schedule has, well, you don't have our workshops
[35:27] and meetings on here.
[35:29] But we have a workshop on March the 12th.
[35:33] And that's why you got budget review.
[35:34] April 12th.
[35:36] I'm sorry.
[35:37] Yes, and that's why I have budget review.
[35:40] OK.
[35:40] April 12th in the next budget review,
[35:42] you've got an April 26, which is the regular meeting, final review on May 10th, okay, and
[35:48] first reading on May 24th.
[35:51] I think that's what we all agreed to.
[35:53] Just a little reminder to keep everybody on track, keep the process going.
[35:58] Yeah, okay, that's good,
[36:04] and at the workshop where this was discussed, some of us asked
[36:11] for some information, then understand you're going to be providing that before the war
[36:15] trial. That will be provided in your workshop back at. Again, if individual commissioners
[36:22] have any questions, get them to me and I'll address them back so that we're keeping the
[36:30] process on track. Now I have to go. I just went silent here.
[36:36] So some of us, I'm still asking
[36:42] questions at the workshop and I don't know not all of them were answered on the spot. Are you taking those into account as well?
[36:58] I'd have to go look at the notes. I've got notes on that.
[37:04] I think we, I think we won't, you were going to get us the three prior years.
[37:11] Correct.
[37:12] Yeah.
[37:12] That's the information.
[37:14] That's the information.
[37:15] It's going to be in your package.
[37:21] Sorry about that.
[37:22] That's okay.
[37:23] Okay.
[37:23] Anybody else have anything on the budget process?
[37:29] All right.
[37:31] Okay, the next one is a rather technical issue. Local government agency, retiree, coverage election, which we found out about, I guess, because I got an email from some state agency.
[37:45] And they said you had to respond by March 31, so I immediately sent that to Austin, and apparently we have an election to make on as I understand it is for pre-65 retiree health insurance.
[38:00] Okay, so if somebody retires before their 65, would we continue to provide them health insurance
[38:08] or would they be able to get health insurance through the state, right, health insurance system?
[38:17] And I also had to kind of do you know any more about whether there's any cost to us if they, if they do make that choice?
[38:25] In my research, I found the chart for the retiree cost, and I went to the handbook for retirees and it states that if you opt for that, that premium amount gets taken out of your pension payment, which tells me that the retiree is paying for it.
[38:51] So why did they ask us whether we elect to do it or not?
[38:55] it's state government.
[38:59] Is that, I'm not laying it in your lab with a situation.
[39:07] Well,
[39:07] you know,
[39:10] they do give us a number to record as a liability for that obligation for
[39:16] the retirement benefit, because it's a fine benefit plan, not a fine contribution plan.
[39:24] And so I, you know, it could be that that's the way they're paying it, but ultimately we have to fund that plan.
[39:32] So I don't know if we still end up having to fund it by the more, if there's not enough for the retirement method because they took it out of that.
[39:41] You know, it's probably something we can't decide on tonight. I don't know. And we've got a,
[39:49] 131 so you know we we're already in this plan as I understand it if we're
[39:57] nothing we stay in this plan that is great we can let out at any time that's
[40:02] also if we wanted to so that any time but then once you elect out you can't get
[40:07] back in correct so I wouldn't rush to do anything tonight not having a study
[40:14] it more than we have. And right now you've got nobody on it.
[40:22] So applicable, right?
[40:24] Correct. Well, we had one retiree who might have been, but I don't understand that he didn't
[40:31] know this. He's over using it. He wasn't when he retired.
[40:40] So we already are recording
[40:41] an obligation for that? Yes. That's what we don't have anybody. Well, there is an obligation
[40:50] for the retirement benefit. That's all that weird stuff that's only right. So whether it's
[41:00] higher or not because we're in this particular plan, I don't know. But I wouldn't make
[41:11] a knee jerk reaction to change it, even though I might not agree with it. I think that with employee
[41:17] benefits, you need to have, if we did anything, I think we would have it not applied to anybody
[41:25] that's hired down the road in the future, you know, rather than, that would be my thought.
[41:31] I wonder if you can do that. I wonder if that election is open.
[41:36] Yeah, that's good question. Well, I've dealt relative to active employees only while
[41:43] continue to provide coverage to those who are retired and are on the plan.
[41:48] That means if you've got somebody already on the plan, you're going to continue to cover
[41:51] them, which you don't have anybody on that plan right now.
[41:55] But it would, if you would not be able to cover, you would not be covering current employees
[42:01] that is correct, that is correct, that is correct.
[42:04] But again, a commissioner to Michael's correct, you if you stay optin, you can always opt
[42:10] out a later date and since you don't have anybody close, you could take, you know, more
[42:15] time to look at this and figure out how it gets funded.
[42:20] My only thought is that the funding mechanism might be within the percentage of each city's
[42:28] pay into the IMRF, wrong state, into the TCRS.
[42:34] currently ours is 2.13%. If we had a pre-65 retiree on the health plan, it might go up.
[42:47] But I don't know that for a fact.
[42:50] Is there a retirement age in all of this?
[42:56] For TCRS, it's a formula. You can have 55 and I think it's 30 years vested and you can retire.
[43:05] Let me get sounds right.
[43:09] I think that's right because Jeff was in the time 65, but he retired, and he was
[43:13] in the head of the State, and he was best at him in the time that he retired.
[43:20] It's a combination of years of service and age.
[43:31] I think it's 55.
[43:45] I said I could remember that far back.
[43:48] 55, probably. 18 years ago. Okay, so the recalendation that we're we've seen
[43:57] because of is that we that we do not do anything on this at this time. It looks
[44:03] like David that we would not be able to do anything until this time again next year.
[44:10] It looks like it's for the planned years of the language that I was seeing in here.
[44:16] If you are, if you are continued opt-in now, your agency can opt out later by timely submitting an election form in a subsequent planned year.
[44:26] Okay. Okay.
[44:28] But anyway, I mean, that would just be another year of us doing what we're doing now when we don't have any free 65 retirees for a trip.
[44:36] Right.
[44:36] Apply to you so it doesn't seem like, so we can just do nothing.
[44:40] Yes.
[44:40] Yes.
[44:42] Is there a motion?
[44:44] Anybody want to just go?
[44:45] I'm out of motion.
[44:47] Yeah.
[44:50] I can come up with a lot of that.
[44:51] We got it here.
[44:53] Well, actually your motion would be to maintain the status quo,
[44:55] which we dropped in.
[44:57] Okay.
[44:57] That's much easier.
[44:58] Motion's a main thing.
[45:00] That's what I used. I will second that was it who made the motion? Okay. All right. Good. I missed that. Adele moved you quick. And
[45:11] DeLuca second motion to my kitchen. That's what maintain the status quo with respect to this local government retiree coverage.
[45:21] All right, any further discussion of that?
[45:26] All in favor say aye.
[45:29] Opposed?
[45:31] Okay.
[45:32] Very good.
[45:33] Thank you.
[45:34] Next item is to review and approve the city manager employment agreement.
[45:42] Now, I can tell part of the story and tell part of the story I suppose as well.
[45:49] We worked, after our last meeting, as you know, and Austin sent us a contract that, then, I worked on some with Patty coming over and with Austin, and we got it into the form that we've been using, which is basically a letter agreement or a letter offer that they accept rather than an agreement.
[46:19] since the city manager isn't at will employ and we've been through that and so we decided
[46:26] to go back with the letter agreement that we've used in the past.
[46:31] So that's what we're using now and that's what Austin sent to you today.
[46:38] Earlier I sent it but the final hard copy is at relocations.
[46:44] Okay so we've got it here.
[46:47] So there are some changes from what you originally saw, particularly with respect to the compensation.
[46:55] Here we go.
[46:56] It's the one that's got the coverage page.
[47:01] So the compensation salary paragraph 3 is probably the most substantive change.
[47:07] And that is that the salary will be $120,000 per year, but here's the language after a successful six-month evaluation, the salary may be increased to $125,000 per year.
[47:27] That was our top salary and the advertisement that we had offered or said was available.
[47:32] He wanted that, but Patty actually was the one who came up with this idea and so it sounded
[47:40] good to me and I hope that it will to you all as well and I fully expect that we will
[47:48] have a successful six month evaluation but I think what that means is that we need to early
[47:54] and his tenure, we need to have probably a retreat or a group session where we set forth for
[48:02] him what those evaluations, that what that evaluation is going to be based on, so that we'll
[48:09] know what a successful one is, yes sir.
[48:13] What I just heard is that after six months you're going to have a retreat and all that kind
[48:17] of good stuff and establish the parameters that you're going to measure him against for the
[48:24] at six months. If I said that, I miss what we did that. I'm at the beginning. Yeah, at the beginning
[48:30] we need to establish that. Thank you. Yeah. So that's the biggest change. The annual leave, that was
[48:46] something that was not, well, so we added in here, our benefits policy, or I guess that's
[48:58] what you call it, is in this city ordinance 15-1, which, you know, we've seen from time
[49:05] to time, and it establishes vacation time, and essentially you do not earn any until after
[49:13] your first year of being here, which, you know, I think certain for the city manager did not
[49:22] was not agreeable with that, I think he wanted three weeks of vacation and Patty, I think
[49:29] was our chief negotiator on this and she got him to agree to two plus a week of sick leave.
[49:37] So, that's what we came down with that, and any other changes of anything, or the way to find calls.
[49:49] We defined that in the Severance Compensation paragraph 10.
[49:54] So, well, if you look on, so if you look at paragraph 10, look at the page.
[50:01] All right, now look up there at the carryover and you'll see if termination is for cause including but not limited to.
[50:14] Okay, and it also has.
[50:26] Okay.
[50:27] Now, as I read this, so we have, after six months, we would review upon successful six month evaluation.
[50:36] we're going to 1.5 and then we would then have another increase to consider for their physical
[50:46] year beginning July 1, 20, 20, 23. So those would be within six months apart. But none are guaranteed.
[50:56] Yeah. Yeah, they'd be your budget year value. I think those are the main differences.
[51:04] Let me ask you, you know, this is really just a terrible question or recollection.
[51:10] We had gone up, did we go up to 100% for all health insurance contributions?
[51:19] Well, the prior board did.
[51:22] The prior board did.
[51:24] Okay.
[51:24] So it's,
[51:31] I'll just give me, I thought when I looked at the all-in package on this,
[51:38] it was,
[51:38] I thought I saw a 75% was the kind of radiation.
[51:43] Is it 100%.
[51:44] Yeah.
[51:47] Okay.
[51:48] I'm sorry.
[51:49] I'm sorry.
[51:50] The budget that I build does reflect the family health care.
[51:55] I think what you might be referring to is annotated that there may be a possibility that
[52:00] the district secretary of the individual does not need family health care.
[52:04] Okay.
[52:04] That's how much is that.
[52:06] Yeah.
[52:06] And it might be lower.
[52:07] got it. That's what that's what Patty did indicating. Okay.
[52:15] I think I think that's I think that's all.
[52:19] Well, I made that we approved this offer of employment letter and authorized Mayor to sign it.
[52:25] Okay, that's a good motion.
[52:27] Second.
[52:28] All right, very good. Just to.
[52:30] A little bit more discussion is I had a call with Steve this afternoon and he is not ready to sign the agreement, not because he is not going to sign it, but because his mayor is out of town, and he wants to tell him in person, rather than over the phone, that he's taken another position.
[52:51] And so he asked if we could live with that, and I said, well, you know, or do you agree?
[52:57] I mean, all the changes have been made, and he said, yes, that's all fine.
[53:01] He just wanted the courtesy of this, and so I told him that that would work, and that I thought
[53:05] we could do it this way, that we would approve the agreement, and authorize me to sign it,
[53:12] and then we'll get his signature on it within a week or so.
[53:16] So rather than us having another meeting for this special meeting, just for that purpose,
[53:21] And are we certain that the start day would be June 1 or is that still an
[53:28] negotiable?
[53:29] Well, I'm just saying what he told me the day was he said, you know, they
[53:32] could tell me, thank you very much.
[53:35] We've got somebody else who we're going to bring in, or they could say, oh, gosh,
[53:39] you know, we need to keep you for the full 45 days.
[53:42] That would just be the agreement does say on or before.
[53:46] So, given that it says honor before, and again, as the mayor stated, it all depends on how
[53:53] their board reacts, it could be, thank you for honoring your commitment, but have a nice
[54:00] day.
[54:01] You know, we'll see you.
[54:03] Which would be a nice outcome for everybody.
[54:08] They could say, could they say,
[54:14] well, I don't know when the mayor will be back, but could
[54:18] they say, no, we want to keep him here until June 1, which will be more than 45 days.
[54:27] I didn't understand that I'm sorry.
[54:30] Yeah, the way it says, it'll commence on the 4 June 1, and somehow I remember he has to give 45 days notice,
[54:43] but so if he gives notice to the mayor, say one week from now, which would be April 1, he should be able to go May 15.
[54:54] my miss something there yeah no I think it's generally right yeah it wouldn't
[54:59] quite be able one but it would be closed in the I think the 45 day should
[55:04] run so we're not okay well we don't think he but it's he's not gonna are we
[55:11] making it clear we don't want the city of Miller's Bell to say no you have to
[55:30] I don't have, he told us forty-five days.
[55:36] And I don't take you can, well, we are at will employees, we are not indentured
[55:42] servants and when you're 40, when you're times up, you're times up.
[55:48] Okay.
[55:49] So, with all that explanation, is there any other discussion?
[55:54] The motion is to approve the offer of employment letter and to authorize the mayor's sign.
[56:00] and we've got a motion in a second. Any discussion?
[56:07] I'm trying to get us to seven o'clock.
[56:14] I'm trying to get us to seven o'clock.
[56:16] All in favor.
[56:17] All in favor, please say aye.
[56:19] Aye.
[56:21] Opposed?
[56:22] Okay.
[56:23] Very good.
[56:23] Bobo, and that is approved.
[56:29] So, that's bad.
[56:31] It must be a wager.
[56:34] That's the end of our action items.
[56:39] The next item, or staff reports.
[56:43] And Tommy Campsey, safety.
[56:49] Hello, everyone.
[56:51] As usual, I try to get you an email out to report to crime reports.
[56:55] but it has just a little bit of difficulty in doing that in the last 30 days. Metro Mittell,
[57:02] police precinct has a new commander and has a new supporting staff. And so I have a new
[57:08] lieutenant. His name is Ryan Hampton, that I'm supposed to be getting my information from. And
[57:15] so instead of getting them daily, like I used to, they've got me down to one day a week, which is on
[57:25] So last Friday I did not get my reports because he took off, so that's why you didn't get an email for me prior to the night's meeting.
[57:34] But I did talk to him today and he updated me for the last two weeks.
[57:38] We have zero crime and okay.
[57:40] I'm glad to report that.
[57:41] I'm going to win and hopefully we'll be on time with our reports going forward.
[57:46] So we just have that little change Metro used to have a
[57:52] Comstat precinct report that they did every week on Thursdays and they eliminated
[57:58] that meeting and they used to have a department of wide meeting on Fridays every week
[58:04] and they've eliminated that. So they're dependent back to the precincts for their
[58:16] your emails accordingly. Instead of I'm just trying to get them out as quickly as I can
[58:22] want to get them. So if you have any comments or if you have any questions, certainly
[58:27] call me any time and I can require a further. Thank you. Thank you.
[58:34] Thank you. Thank you. The questions group. Thank you. Okay. Next item is report from the Acting
[58:40] City Manager. I sent you all an email regarding the Snapchat
[58:43] COVID installations, which are currently ongoing, those are going actually pretty well.
[58:52] I think they work on hill view today, I think, that was a big one, but seems to be
[58:59] going quite well.
[59:03] As an aside, based on some other discussions, I've started the ground work to find out
[59:09] about the possibility of providing a short term disability insurance and life insurance
[59:16] for the employees.
[59:17] I've reached out to one company in Chattanooga, an outfit called Hoonham.
[59:25] They were providing those services to Boone County when I was there.
[59:33] After we went through that getting the Bids process,
[59:37] So it's kind of like taking their process and
[59:40] weren't it just staying with that one and going that way, but again
[59:43] I just started on that
[59:45] a few days ago, we haven't got any information back on that
[59:50] Other than that, we're just trying to stop out the force fires as best we can and keep everything on track
[1:00:01] Also, do you know whether PEDMOT is going to cave Franklin Road after they're completed with their construction?
[1:00:10] That I don't know. That's probably more of a T. dot question. It would make, and again, I can only surmise. It might make sense that on that one lane they go back over and grind it and then do an overlay. But again, I don't know what's in there.
[1:00:27] a plan, so that I can certainly check with my local maintenance guy at T-Dot and see if you can
[1:00:33] show any light on that.
[1:00:35] All right.
[1:00:35] Thank you.
[1:00:35] I'll do that, sure.
[1:00:37] The street is a little bit rough right now.
[1:00:41] I mean, I know they're still working on it, but yeah, I could add some input to that.
[1:00:45] I've been speaking with the team when they were in front of my house and I raised that
[1:00:50] question, the commissioner of geologists brought up. And past history is they will attack
[1:00:57] go back and replace that single lane that was dug up. In fact, there's still a metal plate
[1:01:03] right now by willing to church is so it's not official that they will do it. But I think
[1:01:10] right now it's just weather related and once the springtime weather and the pavement asphalt
[1:01:16] companies crank back up. I think they'll be back out to do it. Again, that's just based on
[1:01:22] conversation with me and some of them or some of their team.
[1:01:28] One other comment kind of related that
[1:01:29] you had mentioned that Google fiber had come to you and just kind of threw out a trial balloon and
[1:01:36] didn't ask for any permission or anything or any comments. They just said we're looking at
[1:01:42] The possibility of cutting a 1 foot deep trench, 1 inch wide, laying cable underneath the street.
[1:01:52] Yeah, this one will be about the process, you haven't heard anything.
[1:01:55] And I know Franklin Road is not our, we're not, not our responsibility.
[1:02:01] But it's torn up now.
[1:02:03] And if they wanted to run Google Fiber all the way down to Brentwood, now would be a good time for him to do it.
[1:02:10] if they're going to pre-pave all over the top, don't disagree with that at all
[1:02:18] and it wouldn't affect us.
[1:02:21] The, yeah, some of you if you travel outside of Oak Hill, you can see what the tracks look like and they're definitely there.
[1:02:34] Okay, anybody else have any questions or comments or yes, sir?
[1:02:38] This is city manager. If I may follow up on the open ticket with the culverts on
[1:02:44] Hogan Road and Regent, do you have any further status updates from May?
[1:02:52] That's Metro, right? That's gonna do that.
[1:02:57] Let me just follow up on that is that.
[1:03:00] Council member Courtney Johnson had something out on social media last week about some work
[1:03:08] was going to be done there in hooking road and she and I call her and left a message and
[1:03:14] she texted me back and we've exchanged messages but it was I was going to inquire what
[1:03:19] is the scope of that and what are they going to do? Do you know that?
[1:03:22] I do. What is it? They're going to be doing some work to regrade some stuff to get the water
[1:03:28] off of the sheet flow off of whatever street that is and repair the bulkhead. That's in
[1:03:36] area on the other side of the interstate and the railroad or on our side. On the Metro side.
[1:03:44] Right. And so I spoke with Jim in the name Tom Palco. He's the deputy director for Stormwater.
[1:03:55] He said, oh, okay, that's good. And oh, by the way, I have this ticket. And he said that they would look into that in May when they're there.
[1:04:04] So, if there's anything that needs to be done, they will do it in conjunction with that project.
[1:04:11] What about cleaning out the culvert that goes from ragland under all of that?
[1:04:18] To the other side.
[1:04:19] They're going to clean that out.
[1:04:20] Well, that's what they said is they will, if there's any maintenance that needs to be done,
[1:04:24] they will do it when they're there doing that project in May.
[1:04:34] I mean, I know they've got a big problem on their side because they can create a lake over there.
[1:04:38] But ours is running water.
[1:04:44] Well, that's good news. I guess we'll see what they do.
[1:04:48] We'll see.
[1:04:50] All right.
[1:04:51] Any other questions or comments for the City Manager report?
[1:04:57] City Attorney, do you have any report or should we have an executive session later on as we have on the agenda?
[1:05:04] I'm reading the one if anyone has questions, in the case there's nothing
[1:05:16] like that.
[1:05:24] The negotiations are not closed,
[1:05:29] but that stands for, but I can talk to you about that for a very long time.
[1:05:39] And then I wrote a couple of opinion letters that anybody has questions.
[1:05:52] Okay.
[1:05:56] Deal with that when we get to that, which is coming up.
[1:05:58] So sound for public comments.
[1:06:04] Is there Mr. Krinshaw come back at the stage of name, please,
[1:06:09] and you're addressing it, please.
[1:06:12] Name is Nate Krinshaw, and I'm 32,
[1:06:15] Farstekers Court.
[1:06:17] I'm sort of a easy-going guy, and I've sort of waited four years
[1:06:20] to find out about the storm, water, drainage,
[1:06:24] and I have on our street, I'm going to call it that.
[1:06:27] And I hadn't got an answer, and I don't
[1:06:29] of this because my lack of following through are the engineers coming up and looking at it.
[1:06:38] We've got a tremendous amount of storm water that belongs to O'Keele.
[1:06:43] It's destroying our street and our houses and I need an answer of what somebody's going to do.
[1:06:55] Can anybody address that?
[1:06:57] I don't know that anybody here can, I don't know whether the city manager can.
[1:07:08] I'd have to go look and see if there's been a work order created, you know, going
[1:07:13] go from there.
[1:07:14] Again, it all does.
[1:07:16] Depthails back into your stormwater master plan study.
[1:07:20] And again, what we do here might impact somebody downstream even worse than they've got
[1:07:24] it now.
[1:07:25] So that's a factor.
[1:07:26] Mr. Crenshaw is the first one downstream.
[1:07:31] The President, I think. Well, and so there's that answer officially, I guess I would just say, if you want to contact the city manager tomorrow, whatever, and get a definitive answer, because we are working on our process of when concerns like this are raised, when they get to this public opinion.
[1:07:59] works contractor work contractor work on it, when does he close the ticket, etc. So you know there
[1:08:08] should be there should be a paper trail and if there's not you can start one finally and see where
[1:08:15] it goes and hopefully it'll get to an answer for you. I came here about a year ago, I believe
[1:08:21] maybe a little more than a year ago and talked to the city engineer and he said there was a plan
[1:08:28] to bring in a piece of equipment that cleans out all the culverts, and that's a big piece of equipment
[1:08:36] and they had to have enough jobs in front of it to bring it in.
[1:08:41] I can only rent it for one day, or okay, I can only rent that piece of equipment that belongs to
[1:08:48] contractor or whatever, but we've never seen that activity and there's a ditch that's
[1:08:58] across from my house, all the water coming off that humongous hill where the water tank used to be,
[1:09:06] is coming down that coming across the street into my yard and into my next door neighbor's yard because
[1:09:13] the ditching deep enough and the covers are not cleaned up.
[1:09:17] I let that water take the course that should take on down the hill.
[1:09:22] And so that would be the situation.
[1:09:27] All right. Oh, those culverts are just kind of city attorney and I'm just trying to find out the facts.
[1:09:32] They're driveway culverts.
[1:09:34] They're driveway culverts. Have you spoken to the owners of those about their need to clean those out?
[1:09:40] Oh, yes.
[1:09:42] And no action on that.
[1:09:46] And you've lived at this property, how long?
[1:09:48] Fifty-five, fifty-three years?
[1:09:51] I know you're not an engineer but do you have a guess as to what you think is causing this?
[1:09:59] Is it the failure of these folks to clean their culverts out?
[1:10:03] Or is there something else that you would say you think is causing this problem?
[1:10:09] I think it's across my house as the ditch is not deep enough.
[1:10:14] that matches the elevation of the call works.
[1:10:19] How are up that it used to be deeper, is that what you're saying?
[1:10:23] And so looking at a lot of the streets around where they come in and clean out the ditches,
[1:10:29] they make a pretty good dip down in there.
[1:10:33] And so I don't know, it's going to take an engineer to do it.
[1:10:37] I work for DOT for nine years and you know,
[1:10:41] around for a lot of the engineers and so I know something needs to be done with the storm
[1:10:49] water drainage and it might need to take an engineer to come out and give an engineer
[1:10:54] to report and we are losing pavement on the street where it's coming across the street and
[1:11:02] not going into the covers and it looks like down at the bottom of the street looks like our
[1:11:08] Secretary Scores are going to need to be repaid soon.
[1:11:16] Well thank you and we appreciate your comments and I understand what you're telling us
[1:11:21] and I think you made your point with the city manager that we need to at least follow up
[1:11:26] and find out, you know, who you.
[1:11:28] I'll make a time with me, I'm just got through three surgeries out in the last four months
[1:11:33] and so I've been off from my landscape business at my labor for my son.
[1:11:42] I asked him to pay me what I wanted, and he said there's a minimum wise law we couldn't do that.
[1:11:50] Okay.
[1:11:51] All right.
[1:11:51] Thank you.
[1:11:55] Okay.
[1:11:56] No other public comments.
[1:11:58] I'm going to close that portion of the meeting.
[1:12:01] Now it's time for board requests for future agenda items.
[1:12:06] Is there Commissioner O'Dell?
[1:12:08] Anything?
[1:12:12] I would like to discuss and we'll discuss the trash situation and the request for additional funding to break even.
[1:12:30] Okay, there's a discussion on that.
[1:12:34] Yes sir.
[1:12:34] I tend to have that on your workshop agenda.
[1:12:37] Okay.
[1:12:39] Which will then get it to the board agenda.
[1:12:40] Thank you. Thank you.
[1:12:47] Commissioner de Marco.
[1:12:48] No, no.
[1:12:49] Attend items.
[1:12:51] Excuse me.
[1:12:52] I'd like to consider authorizing other garbage collection forms.
[1:13:02] You want to make a second collection.
[1:13:06] Be able to hire somebody other than clean earth.
[1:13:11] They've increased that.
[1:13:14] from twenty-five dollars was thirty to thirty-five I think is what it may have been
[1:13:19] from twenty-five to twenty-five to thirty-five to thirty-five and so right now
[1:13:24] the folks like me they're getting the second pickup you're faced with them
[1:13:30] in my nappily you know I've been reading their contract it it didn't seem like
[1:13:37] they had the sole right to pick up that second, they, I think they use the first pick-up
[1:13:49] is I'll read the contract and the city laws. They hire the first pick-up and it allows
[1:13:59] anybody they want to, whoever wants to can go and power clean earth or somebody else,
[1:14:06] But you got to get a permit, is I read it from the city manager,
[1:14:15] or it's design-need.
[1:14:17] And we need to clarify exactly, you know, you don't want to just qualify, or I ask the city
[1:14:27] manager to designate just anybody, you want somebody that's qualified, you know, somebody
[1:14:34] like Grace, who's been around forever. And then there's another one of Franklin to
[1:14:42] expose all the things a lot of work for at Forest Hills. There's one called, I think it's
[1:14:51] Griffin, they understand they do a very little bit of work for folks in forest hills.
[1:15:00] But, you know, the way I say it, competitions, good, and you know,
[1:15:07] I'd like to see maybe, you know, there's
[1:15:11] I understand the two services that use or use the most in forest hills are grays in Franklin.
[1:15:22] I haven't called, I call Franklin. I don't think they return my call. I call grays, and I said, how much would
[1:15:29] single pickup they all are Friday they said $30. I gave them my address too.
[1:15:38] So
[1:15:38] anyhow I'd like to see if we can get that authorized. Or maybe graves and Franklin
[1:15:45] or at least graves, graves.
[1:15:51] Okay well that sounds like that should be part of the workshop
[1:15:54] other discussion. Yeah, that's right.
[1:15:58] You had that, please, again. Okay. Is that? Is that it?
[1:16:04] Yeah, that's it, okay. So I have a couple of things. One is we talked about, at our last
[1:16:12] me, we talked about the land disturbance ordinance and the status of that. And I think we discussed
[1:16:20] whether that would turn out to be a zoning ordinance or not, I just sense is that it would
[1:16:29] not, but I don't know, I haven't heard an official ruling on that, we probably need to figure
[1:16:33] that out.
[1:16:35] But my point is that, and the catastrophic buildback ordinance that we talked about, which would
[1:16:41] be a zoning ordinance, all fell into a comments about, well, Steve Snow, Stephen Snow
[1:16:48] has some ideas for zoning changes or tweaks that he would like to share with us and about having
[1:16:55] a meeting with him. So I would like to get that meeting sooner rather than later so that we
[1:17:01] can get started on that.
[1:17:06] So I would like to have that added to the agenda. I assume that
[1:17:09] would be a workshop item as well. And Martial, do you know whether a land disturbance
[1:17:18] sort as they've got one in for us to. Is that a zoning ordinance or? I don't know where it is.
[1:17:25] It probably is addressed in their zoning ordinance, but in looking at on a 14-year-old
[1:17:33] zoning in land use control, you can add a chapter in land use disturbance.
[1:17:40] It would not be an amendment of the zoning ordinance.
[1:17:43] Yeah, it's only chapter one chapter one.
[1:17:45] Yeah.
[1:17:45] So you can organize there's the way you want to
[1:17:50] go.
[1:17:51] Good.
[1:17:51] Can I follow up on that topic?
[1:17:54] Yeah.
[1:17:55] If that, if the land disturbance ordinance is not a zoning ordinance, then I would like
[1:17:59] to just separate that out.
[1:18:01] And when we can talk about it with Stephen, as well, because you know, he
[1:18:05] coach would be in charge of enforcing it.
[1:18:09] So I think getting his views on it is a good idea.
[1:18:12] But I would really like to move that forward.
[1:18:14] I think that's part of our stormwater issue and I think we need to address that sooner rather than later.
[1:18:22] So I would like to get that on a discussion with Stephen.
[1:18:26] And then with the idea that we would move forward with an ordinance for the land disturbance and also an ordinance on the catastrophic building back.
[1:18:38] And I think we can also include in there, and that would be a great thing to include in the discussion.
[1:18:47] What's Stephen? Is this permit completion time? I think we've got.
[1:18:55] Yeah.
[1:18:56] And I had something on that.
[1:18:57] Yes, sir.
[1:18:58] I happened to be in a mediation today.
[1:19:01] And that issue came up about when the permit expires and forced hills.
[1:19:06] Now understand it's 18 months and you've got to renew it I think it's I was told just recently that it's 18 months here
[1:19:14] 18 months and you can do the program that you've got to pay your fees
[1:19:18] Okay, you have to pay a fee. I don't know what the fee is
[1:19:22] That's same thing here. So you pay a new fee. I don't know if it's the same thing but you pay a fee
[1:19:29] I don't know if I thought my head had a look at them.
[1:19:35] We got that house on print.
[1:19:36] Redview that seems like it's been more than 18 months.
[1:19:40] And I'm battery.
[1:19:41] There's another one on time.
[1:19:44] The one on print, two years, going on two years,
[1:19:47] is been the subject of several hearings in City Court.
[1:19:53] And the neighbors really, the sins were committed years ago
[1:19:56] when they got pulled a permit and didn't do anything for years and so now he's finally
[1:20:02] getting it done but to no one's satisfaction but the city judge and the city court have been monitoring
[1:20:10] that and it looks like as as as bothersome as that is to have to come every month and make him come in
[1:20:19] here and it's it's moving the project along the only alternative the judge has considered
[1:20:27] stopping the permit and saying you got to go back and get a new one. Well, that would penalize
[1:20:33] him. He would have to pay for a new permit. But he would get 18 more months. So the neighbors
[1:20:40] are like, wait, we'd rather stay on top of him and they can come in here every month to get
[1:20:45] it done. And that seems to be having some effect. It's not perfect, but at least it's not going
[1:20:53] years where it's not being monitored and that's what happened. The contract had other jobs
[1:20:58] and it looked like he was using that as a dumping site and that the other jobs apparently
[1:21:04] were more lucrative so he worked on those first and then just used that place to have a dumpster
[1:21:10] and come and dump stuff there and that goes on two or three years and neighbors get tired of it.
[1:21:18] I was up there to one of the neighbors in the last week and there has been a lot of activity
[1:21:26] at that house.
[1:21:27] It's very different when I drove up there about a month ago, even the Porter John is
[1:21:33] now in the behind the house rather than sitting out on the front corner where it's been.
[1:21:40] But now the question is, and this is probably a good question to bring up because we're
[1:21:45] where they call swales and swales and so forth and culverts, and that is that the way
[1:21:54] that the property it has been graded, he's graded it in such a way that he's created a
[1:22:01] cliff that, you know, there's several terraces. There's one short one, then there's a long one
[1:22:07] in front of the house and it goes down some more, there's kind of the side yard, and then it just goes
[1:22:12] And meanwhile the question is where is the stormwater ditch and it's it's all clogged up and it's called that's completely blocked
[1:22:22] But there is a drainage ditch that goes along with a front of the first and second
[1:22:28] terraces
[1:22:29] when you get
[1:22:30] Under the second terrace, it's just wide open. And that's where their problem has been, because the water's been coming off there. Now, he's preparing to put a lot of bails of hay and stuff like that there.
[1:22:41] But the water's coming off of there and just spreading across people's yards and then, you know, creating a flood.
[1:22:50] And that raises the question that keeps coming up and that is whose responsibility is it to make sure that there is a drainage ditch.
[1:22:57] And that it is adequate, at least at the time it's constructed.
[1:23:03] Well, we can enforce our ordinances.
[1:23:05] And do we have an ordinance that requires a ditch?
[1:23:08] I'm not aware of that, but it doesn't mean it doesn't exist.
[1:23:12] This issue that you're bringing up about storm on a runoff from that site
[1:23:15] has not been a subject of the court hearings.
[1:23:21] The subject of the court hearings has been when you're going to finish.
[1:23:24] You've got an unfinished house with a dumpster in the front and mud in the front yard for months and years.
[1:23:29] That's been the topic of discussion.
[1:23:34] I will say, I've never seen a yard graded like that.
[1:23:37] I don't know how that what you had originally, as you had a street that just went like this.
[1:23:43] And so if you had a house on the street, your front yard just slope, right?
[1:23:48] The driveway was here.
[1:23:49] Well, he wanted a flat yard.
[1:23:52] So he put a bunch of filter in and then on this end it just sharply turns down
[1:23:57] So he just totally altered the grade of the earth apparently it was permitted
[1:24:03] So as soon as all as long as I've been involved with it, which is last April or May that yard's been like that
[1:24:09] So that was approved
[1:24:11] So apparently some time ago and apparently in accordance with city standards
[1:24:16] But I don't think I've ever seen anything like it. It looks like somebody's
[1:24:20] planning on doing that just down the street here on Franklin Road on the east side
[1:24:25] where there's a sloped yard and they're just framing up the house now
[1:24:31] but they have dumped, I don't know how many loads in the front yard
[1:24:34] and it looks like they're going to level it out
[1:24:37] and run the water quickly off in the house to the north of it
[1:24:42] and I don't know what you're, I really don't know what you're ordered for
[1:24:46] with regard to that, but the city engineer should be consulted,
[1:24:52] and of course, you know,
[1:24:53] builders put fill on sides all the time, and they can raise the grade, but I'm sure
[1:24:58] there are standards for that as well. There's, there've got to be some standards for that.
[1:25:05] So your, your answer is, your question again was, whose responsibility will the city has
[1:25:10] ordinances and they can enforce those ordinances, including the stormwater ordinance.
[1:25:17] So if there's stormwater coming off that side on the other people's yards, I think that's
[1:25:23] something that the city engineer, that the city manager should instruct the codes officer
[1:25:29] or the city engineer, or both to go and look at to see if there's a stormwater violation.
[1:25:34] Because any water running off that side should not be running off an uncontrolled manner on to other people's property so that should that should be examined
[1:25:46] Well, it needs to be then because I watched videos and it's it's a it's a very broad river
[1:25:53] It goes on both sides of the house right below that construction goes in the front and the bat
[1:26:00] goes across, and then it comes, so it goes way down behind the next house, which is people
[1:26:05] I was talking to, next house, it goes into a, they, they do have a swale in their backyard
[1:26:10] and it finally gets there, but the water coming, it comes down from the front, you know,
[1:26:14] sort of comes across, jumps a, a small, a swale, and then becomes a river going down their
[1:26:22] driveway, and it's, and it didn't do this before this construction.
[1:26:27] as I understand it that's right. So again, the city can enforce its ordinances, but that may
[1:26:34] not give property owners the relief that they desire, because we may not have ordinances
[1:26:39] that cover everything. But it's not a defense for the builders say, well, I complied with
[1:26:46] the ordinances, I'm sorry you've got water. The next row of neighbors still has a cause of
[1:26:50] action against that builder. Compliance with the ordinances is not an excuse, but the city can only
[1:26:56] forces ordinances.
[1:27:00] Can we get to the bottom of this, the question of this stormwater swales and the so forth
[1:27:06] and who has responsibility for that?
[1:27:09] I mean, I understand what y'all have been telling us about culverts under people's driveways,
[1:27:14] and that's not the cities responsibility.
[1:27:17] That seems to me to be a major flaw in the system if a homeowner can allow their culvert
[1:27:23] to get blocked up and cause people upstream problems, and the sea says well that's the
[1:27:30] homeowners responsibility. But anyway, that's what y'all look tell us. What about the rest
[1:27:36] of the soil, the ditch? If it's in our right away, we know what we know. Well, if it's in the
[1:27:43] right, well, if it's in the right place, there's no ditch, there's no soil at all on the
[1:27:47] Right. Right. Again, the city has to maintain its street. It's right of way. City does that.
[1:27:55] And if there's a violation of the stormwater ordinance, then the city can prosecute that violation.
[1:28:03] So we got to have an expert who goes and looks and sees if there's a violation of the stormwater ordinance.
[1:28:09] Upon which to base a base of prosecution.
[1:28:12] I don't know whether our stormwater ordinance addresses. It's one way or the other.
[1:28:17] Well, that, again, I thought you're talking about projects where swales were people are building and they put water in them.
[1:28:25] That's a storm.
[1:28:27] But our ditches and our roads, that's just city maintenance.
[1:28:33] But the city has to decide how to maintain its infrastructure.
[1:28:36] Okay, and then what we've got here is a combination.
[1:28:38] we've got somebody who's building and he is dramatically altered the leg of the topography
[1:28:45] of the lot and they're also messing with the ditch at the same time.
[1:28:51] Well if they've altered the flow in the cities where the roadway and the water comes off
[1:28:59] and it used to go in a ditch and they came in and concerted so there is no ditch and the water
[1:29:04] runs the city has a cause of action against them. And perhaps if it goes on someone else's
[1:29:09] property, the neighbor would as well.
[1:29:12] Well, there's clearly a ditch in there. And the next two houses down, their driveways both
[1:29:16] have culverts. And there's a ditch that runs into it. Right. This just bypasses. It doesn't
[1:29:21] go into the ditch. Right.
[1:29:25] Can I just open worries about two pieces of property?
[1:29:30] Oh, that's pretty much the microphone place. Oh, I'm sorry. Oh, that pinning
[1:29:34] property loan pines on time Boulevard, which was, I think it's probably got his permit
[1:29:41] way back in August of 20 and it seems to be at a standstill and there were, in the
[1:29:50] last time mistaken, they had four trees cut, I don't know, four five months ago, I noticed
[1:29:58] at first time.
[1:30:02] The y'all know anything about that? If you could find out about what's happened in there, because it just seems, because I think we're at 18 months already on that.
[1:30:17] My other just concerned to bring up the source property up on where the Ferris property was on time.
[1:30:26] Boulevard at the top of Overton Lee.
[1:30:28] You're talking names.
[1:30:30] Okay, you're right.
[1:30:30] 940 overton Lee.
[1:30:36] It's the sore property.
[1:30:38] And when Scott bought the property immediately south of it.
[1:30:43] No, it's giving me north of it.
[1:30:45] Downhill.
[1:30:46] It's on time.
[1:30:47] So he'll give me the lay of the land for his property is he tore down the house up on top on 930
[1:30:57] excuse me 940 over to the Lee and has a I guess a park there you'd say your place you can have parties or whatever and some lights
[1:31:10] but when he took out
[1:31:13] They cut out the underbrush, which is welcome in one way, but the other problem is when
[1:31:19] they cut the underbrush out, there's all kinds of erosion, and it's flooded across
[1:31:25] the road and Pat, Patricia and Mike Carlson have a concern about it that they would like
[1:31:34] for y'all to look into and see if that's a file, you know, something can be done about the
[1:31:39] city, is it within the city's control, because it is going over the, I'm not sure about
[1:31:46] what is and what's not under city or private. But I can't tell you, they've shown me pictures
[1:31:53] where there's water going over the road and leaving debris on the road. I would just say
[1:32:03] whether it's representing people in law suits, where they're suing their neighbors or their
[1:32:10] you're seeing somebody else for creating problems or whether it's representing the city
[1:32:16] in prosecuting these, getting a report from an engineer who is examined the site and
[1:32:22] can tell you what the cause of the problem is. It's just the very starting point. Because
[1:32:31] without that, you're just guessing that once you have that, then you've got some facts
[1:32:38] on which you can then examine the case and say, well, how much is this city real, what can
[1:32:45] the city do? What has this person over here done? But you've got to have an expert who's
[1:32:51] looked at it more than just me, I mean, I can go out and look and say, well, so what I think
[1:32:57] is happening. But, you know, I'm not, I'm not a trained expert, I'm not an engineer and it's really
[1:33:03] important to get an engineer. If you have a complaint from a citizen, and I know there's
[1:33:10] there are lots of considerations that come with the management of the city and budgetary items,
[1:33:17] so I'm not speaking of that at all. I'm just talking about how to unravel these, how to address them.
[1:33:23] The first thing to do is to get an engineer to look at it and give you a report that says,
[1:33:29] I went out there on this date, I talked to these people, I examined this site, here's what
[1:33:35] I found, and here's what I believe the cause is.
[1:33:39] That's the starting point, and without that, you're just going, you're chasing your tail.
[1:33:46] Well, put it this way, I just want to give you a lecture now about what's going on, don't
[1:33:52] do anything, just y'all, you're notified of it and take what actions appropriate.
[1:33:57] And my correct amount of understanding that really the city's infrastructure is the road and that
[1:34:05] that ditch on the side to keep the water off the road.
[1:34:08] That is correct.
[1:34:09] That it's not that is correct.
[1:34:11] The water from one into people's yard.
[1:34:14] That's correct.
[1:34:15] That's right.
[1:34:16] I quote and that ditch.
[1:34:18] And that's why we have the right way is to make sure the ditch is keeping water off the road.
[1:34:25] And when a house is built, the builder is supposed to manage that ditch in the car.
[1:34:32] Is that correct?
[1:34:33] That's correct.
[1:34:34] I can give you a really good example.
[1:34:36] Have you been down Hillsboro Road coming south from hearting place to time recently?
[1:34:44] Well, if you have, you will have noticed after you go up past my curb's place and then
[1:34:50] you go past the Osis.
[1:34:51] It had the big fountain, you know, they got a big fountain, and then you go to the top of the hill and there's the big Mount Castle castle on the top.
[1:35:03] When you press that, there's an NES easement that crosses Hillsboro. The next time you go there, you look to the right, and NES has been back in there and they've cleared out all this brush and they put down gravel, and they've just cleaned up their easement.
[1:35:18] It looks beautiful, the lady who lives just south of that misbritten came in the force
[1:35:24] Hill staff meeting and says, I'm getting all kinds of water, this is just running off
[1:35:28] into my yard now, because of the removal of all that natural foliage,
[1:35:37] there's nothing
[1:35:37] the city of force Hills can do for her, because that's not a city problem.
[1:35:43] Any S has a right to maintain its easement.
[1:35:47] The city can't construct something to change that, so we gave her certain tips about,
[1:35:52] maybe she could ask any S to come back and build a little burn to get it down towards Hillsborough
[1:35:58] Rhodes, which travels down the road instead of sheet flows across her property.
[1:36:03] But that is a classic example. I'll tell you another one.
[1:36:07] All the building that has gone on on the north side of time has caused more and more stormwater to go in front of the church down there the Hillsborough church
[1:36:18] A Christ to go under time and then to go on the north side of time and then underneath and sheet flow across
[1:36:28] Play Jackson's property
[1:36:30] So he's getting more you know the big
[1:36:33] The big property there at the corner of the country, so he's getting just tons and tons of sheet flow water.
[1:36:42] There's nothing the city can do to construct something for him.
[1:36:46] But we're talking with him trying to help him come up with possible solutions
[1:36:50] and where there are problems that the city can work on.
[1:36:54] We can work on those.
[1:36:56] But some of this is just natural through development and other people exercising their rights.
[1:37:01] that they have a right to exercise.
[1:37:03] So any S has a right to maintain its easement.
[1:37:07] So, and those are two examples of things
[1:37:10] that have happened in a sister city
[1:37:12] that may not be exact copies of what's happening here,
[1:37:18] but they're just good illustrations to think about.
[1:37:22] Attorney Albritton, I would argue that yes,
[1:37:25] any S has a right to maintain their traffic.
[1:37:30] Act of land, but if they're causing flooding to an adjacent property, they're culpable. So yes, they can clear it, but they would need to build a ditch to direct water to the current culvert or ditches in place.
[1:37:45] because, and I don't know what case law is, I'm not a attorney, obviously, but to me, I think
[1:37:51] there, this is a clear case of clearing the land and you're causing damage, you know, and, of course,
[1:37:59] you can't fight any S, it would be the same for a landowner.
[1:38:04] Let's say that that was not in any S easement, but let's say it belonged to the guy that owned
[1:38:09] the castle and he said, you know, I've just let that grow up all these years and I don't
[1:38:14] I'm going to go down and mow my yard, so he just goes down there and bush hogs and he mows.
[1:38:21] But, you know, there was a lot of natural flow that was being caught by all that.
[1:38:25] I don't think anybody could say, in court, you have to maintain it in an overgrown state
[1:38:31] or you can't mow it, it's just a natural.
[1:38:36] So I hear your point, but as you can see, it gets very difficult to apply.
[1:38:40] Yeah, well, but I mean that to me is one of the reasons to look at this land disturbance
[1:38:45] ordinance because you know, one of its earlier titles was called The Grubbing Ordinance.
[1:38:51] That's right.
[1:38:51] That's right.
[1:38:52] Cover all of that so that if somebody weren't to go in and take out all the undergrowth and
[1:38:58] the vegetation so that there was more water flow than there was before, that they're going
[1:39:03] to have to get a permit that are going to need to radiate and follow the stormwater
[1:39:08] statute, I mean, the ordinance would be, I mean, that's what I'm looking for.
[1:39:12] Yeah. And so that somebody can't bring in 100 truckloads of fill and build their property
[1:39:19] up so that the runoff goes to the next door of neighbors on either side.
[1:39:23] Right. That's clearly actionable, clearly.
[1:39:26] Excellent.
[1:39:27] By the neighbor, by the neighbor, it may be prohibited by our stormwater ordinance, but again,
[1:39:32] you have to have the engineers look at the plans and say, oh, this violates your ordinance.
[1:39:37] and then we can stop it.
[1:39:39] If it doesn't violate the ordinance, there's not anything we can do, but the city engineer could
[1:39:44] go out and look and say, hey, there's a new water problem because this man built his property
[1:39:50] up, which he was entitled to do under city ordinances, but I had to determine as the city engineer
[1:39:54] nothing we can do, but it is mean caused by that.
[1:39:57] So at least he identifies the cause and we know what we can do and then the rest of it would
[1:40:04] up to the owner in an enforcement action or private right-of-action against them.
[1:40:09] I mean, you know, you've got with your three or four lawyers here and we can all applaud
[1:40:16] the need to bring lawsuits, but most neighbors don't like them.
[1:40:21] Oh, I know.
[1:40:22] I know it, but it is a very unsatisfactory answer, but we can do what we can do and we can
[1:40:30] ass ordinances if we don't have them that currently address that then perhaps we can adopt
[1:40:36] some that will.
[1:40:38] But when you have a reported problem, the first thing is having the engineer go out and
[1:40:42] look and bring you back a report.
[1:40:44] It doesn't have to be 50 pages, but here the photographs I took, this is what I observed, these
[1:40:49] are my conclusions, and you go from there until that's done, it's really difficult to do
[1:40:55] things.
[1:40:55] Is that our process?
[1:40:59] It's private property.
[1:41:02] If it's private property,
[1:41:05] I can't justify sending the city engineer
[1:41:09] on our dime to go investigate a neighbor to neighbor complaint.
[1:41:14] I just can't do that.
[1:41:16] If it's that bad of a concern that the neighbors are concerned that their neighbors are doing something wrong,
[1:41:22] they can hire their own engineer
[1:41:24] And bring a cause of action against him.
[1:41:28] But everybody relies on the city to go out on quote, our dime and tell them the problems
[1:41:36] that they have between neighbors.
[1:41:40] And I've asked a couple of residents, you know, when they've come into the office to complain
[1:41:44] about their neighbor, have you talked to your neighbor?
[1:41:47] Oh no, no.
[1:41:48] I can't do that.
[1:41:49] That's your job.
[1:41:50] the city to talk to the neighbors and I'm sorry it's I just can't see
[1:41:57] us going out there providing engineering services to private
[1:42:00] individuals to to resolve neighbor problems and I I agree with
[1:42:05] often totally I'm in complete agreement I'm talking about those cases where you
[1:42:11] don't know what's what's causing the problem if you know what's causing the
[1:42:16] problem and the person comes in says hey I'm having a flooding problem because
[1:42:19] my next door neighbor's not cleaning out his culvert. Then you don't send the city engineer out
[1:42:24] for that. But if a person says, I'm having this flooding, I'm not certain why it could be that
[1:42:30] the city's got a problem because you're not maintaining this culvert across the street. I think
[1:42:34] that's when you go out and the city engineer could come back and say, it's not us. It's because
[1:42:40] of this factor or that factor. And then then it's up to the neighbor to pursue that.
[1:42:46] So, if I return the old Britain, if I could ask the question, so if the culverts under the
[1:42:51] dry way are clogged, the citizen has no recourse other than to hire an engineer and
[1:42:59] follow lawsuit against his neighbor to make him to clean that out?
[1:43:04] Well, at the last planning commission meeting, I asked Stephen Snow, if he could find anywhere
[1:43:09] in the property maintenance codes, and we think we found a section that would require them
[1:43:15] maintain it so we could bring them the city court and find them fifty dollars a day until they
[1:43:21] they until they do it. Perfect. So that that is something that we can begin doing.
[1:43:27] Okay. What is that in the building? The property maintenance code. Probably maintenance code.
[1:43:31] Is that in the ordinances? It's something that we've adopted. Your municipal code you have adopted.
[1:43:37] It's adopted by reference. The property maintenance code.
[1:43:41] So, just to refer back to Mr. Cranshaw, his neighbors, Culver, is blocked. I think he stated,
[1:43:49] can we help him out by proceeding in that direction?
[1:43:55] We can send Mr. Snow out to take a look and if he concludes its block and looks at the ordinance,
[1:44:02] the code and believes that's code violation, he could write a citation and we can cite them to
[1:44:09] city court. Thank you. And 60 days later, we get a judgment and they clean it out.
[1:44:19] One thing, I didn't finish the story about the source house about two days ago. They put
[1:44:24] in a whole dress. Address, sorry. Address, he lives next to the curb in a size system.
[1:44:39] I know I know on 940 overton lead the owners to have I think late last week put up a whole series of
[1:44:57] built fences to try to correct the problem.
[1:45:00] So just keep an eye on it. And I think they stood at volunteer. So kudos to them.
[1:45:10] Very good. All right.
[1:45:15] We missed a seven o'clock. Yeah, I know, we managed to make it.
[1:45:22] Well, I hope it's a productive rabbit hole.
[1:45:27] Yep. A yellow flag for the luck of going.
[1:45:30] But those were the things that I would like first to get on the agenda, so we've discussed
[1:45:40] all that.
[1:45:41] And I think everybody's had to say on that.
[1:45:43] So let's go now to board comments, Mr. O'Dell.
[1:45:48] No comment.
[1:45:49] Okay.
[1:45:51] Mr. Blucke.
[1:45:52] No comments.
[1:45:53] Thank you.
[1:45:53] Mr. DuMarco?
[1:45:54] No comments.
[1:45:56] Vice Mayor.
[1:45:56] I think I sort of got in blood over into my comments when you're only discussion with everybody.
[1:46:04] Okay, I just have, I guess it's just one.
[1:46:10] And that is, if I can find it here, something that I don't know if you all got this,
[1:46:16] but I got this from Councilwoman Henderson.
[1:46:22] And she was raising a, bring attention to the Airbnb bill that's before the state legislature did you all get that.
[1:46:33] Yeah, I had actually, excuse me, for interrupting.
[1:46:36] I had actually sent Representative Curcio an email today asking for clarification and where he stands on that, but I had not heard back yet.
[1:46:46] Okay.
[1:46:49] Do you emotional you were there?
[1:46:50] I'm not in detail, but I did give it a cursory glance to another city that asked me to look at it.
[1:46:59] And the way I would term it, it almost is worse than Airbnb.
[1:47:03] It looks like it.
[1:47:05] It's like an hourly.
[1:47:07] It's like a, you know, one hour or one whole type of thing.
[1:47:13] it's really bad it's not coming rent this house for two three nights
[1:47:21] where you have a bachelor at party it's come here at four and leave it at twelve
[1:47:27] it's it's hourly rentals like a time share almost very very bad I think
[1:47:33] it also referred to the head of the local owners versus out of town owners
[1:47:39] and properties, I think was another stipulation, which could lead to out of town folks buying
[1:47:47] up property. Right. Right. So can we clarify what is our current ordinance? It's against air
[1:47:55] being, yeah, our current ordinance is not allowed short-term rentals. Right. It's been a while
[1:48:02] since I looked at it, but you adopted a specific ordinance. It's 20 days. Okay. And we have a couple
[1:48:09] that we've found that we've sent letters to, that one says that the rental has to be more than 20 days.
[1:48:22] So, by that, it's in compliance.
[1:48:25] There was another one that was listed with a nightly rate,
[1:48:31] but when I tried to reserve it, it was booked up through the end of December.
[1:48:36] So again based on definition that one doesn't meet the
[1:48:43] Me was twenty-one person through the end of the Senate.
[1:48:46] It was booked.
[1:48:47] I could be a serious people less than twenty days.
[1:48:52] You know, no, no.
[1:48:52] And I'm not sweet.
[1:48:53] Sapena his records.
[1:48:56] She would make that six months in the Senate 20.
[1:48:59] But nonetheless we put both property owners on notice that you know,
[1:49:03] I'd just be careful here.
[1:49:05] Well, and so there actually there are two, it looks like there are two bills.
[1:49:11] One is Airbnb, this says by voter 72, the Senate Commerce Committee says past legislation
[1:49:20] I think it just means they've recommended there, they've approved it that would negatively
[1:49:23] impact how local governments regulate short-term rentals after the Senate Sponsor told the
[1:49:30] that Nashville, the National Council was getting ready to ban short-term rentals.
[1:49:35] Layers office quickly said, no, that's not true.
[1:49:39] And the municipal league, etcetera, are working against this legislation.
[1:49:43] It's on the House of Business, and you tell they said, well, it's March 16th.
[1:49:46] So I don't know what happened on March 16th.
[1:49:49] But then there's this one that's called the College Swimpling.
[1:49:54] Yeah, that's what I did. That was another name for it.
[1:49:58] It's a caption bill, which means they've put a caption on it and it can wind up with anything.
[1:50:04] But the caption bill that the sponsor will amend the preempt local regulation of another sharing economy upstart similar to ABNV.
[1:50:11] The bill is being pursued on behalf of Swimbley, an online platform focused on providing, quote, home experiences.
[1:50:19] This is a close business model that is engaged in hostility to rent out all or portion of their property like a swimming pool to others for up to 18 hours for an hourly fee.
[1:50:32] And the local government said there's more description of it because this is a local government would be preempted from imposing city wide prohibition.
[1:50:40] So that's what Airbnb bill and that's this bill is both of them are to preempt local regulation and to allow people to do that regardless of what the city wants.
[1:50:54] So, anyway I just want to be sure about it was aware of that.
[1:51:01] Okay, that's all I've got.
[1:51:05] The next item is executive session.
[1:51:09] We have received a couple of items from the city attorney
[1:51:13] that we can discuss if anyone would like to.
[1:51:20] Marshall, do you feel like it'd be good
[1:51:22] to have some further explanation of those?
[1:51:25] or I feel like I express myself adequately and clearly, but I'm certainly glad to engage
[1:51:33] further.
[1:51:35] Anybody feel the need to discuss those items?
[1:51:37] I think you're very, very clear, thank you.
[1:51:40] You're welcome.
[1:51:42] Okay.
[1:51:43] Well, then we will not do that, and so the next item is, and my wife's going to have a heart attack
[1:51:51] when I walk in the house, she's going to think that you're fired me.
[1:51:58] Alright, motion to adjourn.
[1:52:01] Second.
[1:52:02] Second.
[1:52:03] All in favor say aye.
[1:52:06] Opposed.
[1:52:08] Alright.
[1:52:08] Very good.
[1:52:09] Thank you.
[1:52:10] We're adjourned.