Special Called Joint Meeting

City of Baneberry Planning Commission 
October 31, 2023, 4:00 p.m.
Baneberry City Hall

Call to Order: Chairman Tom Carter called the meeting to order at 4:00 p.m.

Board Members: Present: Tom Carter, Donna Hernandez, Karl Kamman, Jim Stover, Greg Gentry, Rick Powers, George Davis, Doug Catt, Jim Wilson, and Michael Phagan. Absent, Wade Nicely

Approval of Minutes:

Old Business:

Citizen Comments:

New Business:

  • Planning Board Chairman, Tom Carter provided an overview of the purpose of the meeting and took personal responsibility for not being well versed on the City Ordinances pertaining to the storm water codes and ordinances. He turned the meeting over to the City Manager, Michael Phagan.
  • Mr. Phagan provided an overview of his conversation with M.T.A.S representative Brad Peters.
  • Mr. Phagan reviewed the handouts in each board members packets:
    1. Email from Brad Peters
    2. Drainage Law of Tennessee
    3. Title 12 Chapter 2
    4. Title 16 Chapter 2
    5. Building Permit Application
    6. Sample of Site Plan previously accepted by Planning Board
  • Jim Stover (Planning) asked if the Tennessee Drainage Law pertained to natural streams.
    a. Michael Phagan-Yes, cannot impede the natural flow of water.
  • Mr. Phagan directed the Commissions to Document 12-Chapter 2, documentation required for Building Permits. C-5 specifically addresses the extent of all cuts and/or fill, methods of drainage.
  • Rick Powers (Roads, chairman) requested clarification of item 3c in reference to an 18″ drainpipe. Mr. Phagan reiterated that there is also reference to 15″ diameter pipes. The size of the pipe would be determined by the depth of the ditch.
  • Michael Phagan referenced 16-201-Permit requirements and driveway cuts. Commissioners could waive requirements.
  • Rick Powers asked for clarification between Title 16 and Title 18.
  • Michael Phagan clarified and stipulated Road responsibility.
  • Donna Hernandez (Mayor) inquired about the size of a drainpipe on West Atherton.
  • John Wilson (Roads) inquired about a final inspection for building projects.
  • Michael Phagan stated there is not a site plan inspection currently in place and referenced both commissions to 12-7 for# of inspections.
  • Tom Carter suggested including David Gaut with the site plan inspection.
  • 4:45 George Davis excused himself from the meeting due to family obligations.
  • Karl Kamman inquired about how to fix a drainage problem if the builders get it wrong.
  • Tom Carter (Planning chairman) made a motion to adjourn. However, Doug Catt wanted clarification on the resolution of this meeting.
  • Michael Phagan stated again that the Commissions can act at this meeting on the Agenda item. He asked the board if they wanted to make a motion to waive or require a fix.
  • Donna Hernandez (Mayor) asked if a motion could be made for Charles Tipton to advise Mr. Keene of the location and size of the tile needed to fix the drainage issue.
  • Michael Phagan suggested David Gaut also be included in this motion.
  • Doug Catt also suggested a time frame be included.
  • Donna Hernandez made the motion for David Gaut and Charles Tipton to inspect, prepare a cost estimate, and advise direction for the repairs to the West Atherton drainage issue. This will include a 30-day time frame from the time of the consultation.
  • Rick Powers seconded the motion. Passed 8-0.

Citizen Comments:

  • Mark Howard inquired about the difference between pipe and tile.
  • Mark Howard reiterated the need for a site plan inspection. Also, references road tie-ins for new construction and accountability.
  • Mark Plonski stated that the culvert on West Atherton needs to be repaired by the builder.
  • Jennifer Hunt described the issue on West Atherton and stated that previous owners had not encountered water issues. Ms. Hunt also inquired as to how the city was going to address this issue moving forward.
  • Per Roads Rick Powers request, Darrell Keene explained the issues that lead to the drainage issue on West Atherton. He agreed to pay for the repairs. However, he would like direction from the commissions on how they want it done.

Adjourn: Motion to adjourn at 5:35pm made by Donna Hernandez, seconded by Rick Powers. Passed 8-0.

[PDF] Planning Commission Meeting Minutes Oct 31_2023


City of Baneberry Roads Commission Minutes
October 31, 2023, 4:30 p.m.

1. Call to Order
A. Rick Powers called the meeting to order at 5:47pm.

2. Roll Call:
A. Rick Powers: Present
Donna Hernandez: Present
Greg Gentry: Present
Jim Wilson: Present

3. Approval of Minutes:
A. Jim Wilson made a motion to approve the minutes. Greg Gentry seconded. Donna Hernandez abstained. Passed 3-0.

4. Old Business:
A. Citywide repaving is in the planning process. The money has been allocated.

  • CM Phagan summarized an email from Brad Peters referencing the resurfacing project in Baneberry. He also provided some background information on his experience with the paving project at Jefferson County High School. He informed the Commission that the budget for this project is $505,000.00. In addition, approximately $65,000.00 remains in the Culvert Replacement Project.
  • Greg Gentry asked if this included widening Back Nine? CM Phagan stated that, to his knowledge, wasn’t addressed.
  • Rick Powers stated that Stoneway Court still needs stripes. Could this be included with the new paving project?
  • Tom Carter suggested blowing the leaves.
  • CM Phagan reminded the RC that we have a blower and perhaps we should inquire about partnering with White Pine for road maintenance equipment.
  • Jim Wilson inquired about resurfacing substandard base.
  • Greg Gentry inquired about the money allotted for each road. For example, Back Nine vs. Mountain view. CM Phagan said he would find out.
  • Donna Hernandez stated that paving should begin the furthest away and work back.

B. Gravel and grading planned for Waters Edge, Virginia Court, and lrongate

  • lrongate has been completed.
  • Gravel and grading, due to storm damage, is complete to Nina Road.

C. Culverts complete for Back Nine, Mountain View, and Hazelwood

5. New Business:
A. Storm Water issue on West Atherton

  • CM Phagan provided a review of his presentation to the Planning Commission. The Road Commission would be involved with upcoming decisions pertaining to specific Ordinances.
  • A broken road sign on Treeline and Rustic Dr. Mount is leaning.

6. Citizen’s Comments: Citizens must go to the podium, state their name, address, and limit their comments to three minutes.

  • Jim Wilson stated Darrell Keene had offered to patch the potholes on Back Nine.
  • Mark Howard expressed the need for a 10-20ft driveway apron where gravel road or driveway meets pavement. He also stated the need for better crowns to address standing water (alligator spots).
  • Mark Plonski stated that the culvert tie-in in front of his house on Back Nine Drive was not done correctly.

7. Adjournment:
A. Donna Hernandez made a motion to adjourn at 6:22pm. Greg Gentry seconded. Passed 4-0.

[PDF] Roads Commission Meeting Minutes Oct 31_2023