Baneberry Planning Commission Minutes

January 8, 2024, 4:30 p.m.
Baneberry City Hall

I. Call to Order
A. Tom Carter called the meeting to order at 4:34pm.

II. Roll Call
A. Tom Carter-present
B. Donna Hernandez-present
C. George Davis-present
D. Doug Catt-present
E. Karl Kammann-present
F. Mike Harriss-present
G. Jim Stover-absent

III. Approval of Agenda
A. Donna Hernandez made a motion to approve the agenda. George Davis seconded. Passed 6-0.

IV. Approval of Minutes:
A. December 11, 2023
1. Karl Kammann made a motion to approve the minutes. Donna Hernandez seconded. Passed 6-0.

V. Citizen Comments: None

VI. Communication from the Chairman: None

VII. Communication from Planning Commission members: None

VIII. Communication from City Manager:
A. Updated Building Permit
1. CM Phagan updated and reviewed with the Commission the updated Building Permit to include all construction and a signature area for the Planning Commission Secretary.
2. Mike Harriss asked if this included TVA land. CM Phagan replied, “No.”

B. Fence Ordinance
1. CM Phagan reviewed Ordinance 2021-02, pertaining to fence construction. He explained to the Commission that the cost of the inspection was not included. He stated that MTAS had suggested developing a “Fee Schedule” list that applies to all fees.
2. Tom Carter asked if this was something Baneberry could do.
3. George Davis inquired about the cost of fence inspection fee.
4. Mike Harriss asked for clarification on the 2 expenses, building permit fee and inspection fee.
5. Donna Hernandez made the motion to recommend a “Fee Schedule” be developed and reviewed annually. Mike Harriss seconded. Passed 6-0.

IX. Old Business:
A. Owner/Builder
1. CM Phagan handed out the TCA, 62-6-103. He explained the parts that were applicable to Baneberry.
2. Tom Carter stated that Baneberry needed to include this.
3. Donna Hernandez made the motion to recommend TCA 62-3-103 be referenced for the term owner/builder. George Davis seconded. Passed 6-0.

B. West Atherton drainage issue
1. Darrell Keene clarified that he was only to fix what was in front of his house. He continued to inquire about the dumpsters and overgrown lots within the city. He asked if the city could move the dumpsters, so the burden of clean-up doesn’t fall on him.
2. Tom Carter reiterated that all residents received a code letter concerning maintaining their lots.
3. Darrel Keene also spoke to the lot with the debris pile. He stated that he would be closing soon on that property.
4. Tom Carter suggested sending a letter to Darrell Keene concerning the debris lot.
5. Donna Hernandez suggested getting with Mr. Keene directly to discuss all the issues related to his properties.

C. Review and recommend additional updates to ordinances and codes related to building, site development/improvement, zoning, subdivision, and roads.
1. CM Phagan suggested the Planning Commission schedule a Special Called Meeting to continue reviewing and updating Ordinances and Codes.
2. The Commission decided to meet January 22, 2024, at 4:30pm.

X. New Business:
A. Report from Building Inspector: Joe and Rachel MacVeagh, 2028 Tyler Court Baneberry Tn.
1. Tom carter reviewed the site/building plans and explained that the couple had a deadline of January 17th for their loan. He also explained that he will need to change the septic permit to reflect a 2-bedroom system.
2. Darrell Miller stated that he only needed 3 feet.
3. Donna Hernandez asked if the couple could get an extension.
4. George Davis asked if it would be ok to approve with a “subject to” if Tom is ok with overseeing the final decision. Tom agreed.
5. George Davis made a motion to approve the house and site plans subject to Tom Carter approving the septic. Donna Hernandez seconded. Passed 6-0.

B. Deck: Nathan Lorber, 3440 Saint Andrews Drive.
1. CM Phagan explained that Ordinance 220-05, Title 12 Chapter 3, calls for a deck not to encroach on setbacks. He also pointed out that the owner can self-certify.
2. Tom Carter inquired about the Building Inspector monitoring it.
3. CM Phagan responded that if the layout and property lines are not marked the Building Inspector won’t have anything to go by. CM Phagan stated that another option might be for the owner/builder to self-certify.
4. Doug Catt asked if this could be discussed at the January 22nd meeting.
5. Donna Hernandez made a motion to approve the deck for 3440 Saint Andrews Drive. George Davis seconded. Passed 6-0.

XI. Adjourn
A. Donna Hernandez made a motion to adjourn at 5:35 pm. Doug Catt seconded. Passed 6-0.
*Instructions for public comment will be provided at the meeting.

Planning Minutes January 8 2024
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Baneberry City Commission Minutes

January 8, 2024, 5:00 p.m.
Baneberry City Hall

I. Call to Order: 5:45 pm

  • Prayer: CM Phagan opened the meeting with prayer
  • Pledge of Allegiance

II. Roll Call:

  • Donna Hernandez, Mark Howard, and Tom Carter were all present.

III. Approval of Agenda:

  • Given the Agenda item in New Business, Mark Howard made a motion to move Citizen Comments to after New Business and to approve the Agenda. Tom Carter seconded. Passed 3-0.

IV. Approval of Minutes:

  • December 11, 2023, Mark Howard made a motion to approve the minutes. Tom Carter seconded. Passed 3-0.

V. Citizen Comments:

  • Natalie Donahue, 372 Back Nine Drive, stated she would like the meeting times to go back to 7:00 pm. She believes this would create more community involvement.
  • Craig Murphy, Cove Lane, agrees with moving the meeting to 7:00 pm. He would also like to see a PA system available. Mr. Murphy also shared concerns for the situation at 2601 Mountain Lane. He stated that his family can no longer walk at night, and he is unable to leave his garage door open. He agrees with a cease-and-desist letter.
  • Alaina Dubraretz, 3583 East Atherton, stated she would like to see the meetings recorded.
  • Mark Plonski, 123 Kammann Cove, stated that he is a retired police officer and was able to do some research on the 2601 Mountain View Lane situation. He has shared this research with the city. Mr. Plonski also shared an experience he witnessed concerning a scam with similar circumstances. He agrees with an immediate cease and desist.
  • Tom Carter added that they may look at zoning to address this issue. There is nothing in the Ordinances concerning a halfway house.
  • Joshua Moore, 1443 River Run Circle Sevierville, TN mentioned two letters provided by Judge Slone and Rebekkah Lee that will be shared later. Josh continued to share information concerning Greenhouse Recovery Ministries.
    • It is not a permanent housing situation. The house has been completely remodeled.
    • They are not a treatment facility. Offer support and counseling.
    • Men are heavily vetted.
    • They all have jobs and attend bible study/church five nights a week. This is not a business. No one comes directly from prison; therefore, no permit is required. I call them “people” and the same ones are there every day.
    • We are trying our best to move the men to a more permanent setting.
    • He offered a heartfelt apology.
  • Darrell Moody, 553 Betty Lou Drive, New Market Provided a background of his experience and ministry working with addicts. He stated that he brought a crisis to Josh and Josh ran with it. Greenhouse Ministries was born. Mr. Moody also read two letters addressing his character and success working with addicts. He stated that it was never their intention to pull the wool over on the citizens of Baneberry. He further commented that this was a ministry and not a profit-making business.
  • Joshua Moore, 1443 River Run Circle Sevierville, TN, requested a 6-month time frame to relocate the men. He stated he does not want them homeless. He also stated they would seek legal advice if needed. When asked how old the men were, he stated, “28-64”.

VI. Communication from the Mayor:

  • Mayor Hernandez made mention of the code enforcement bulk mailing. She also thanked Jay Brombach for agreeing to become Interim Fire Chief for the City of Baneberry.

VII. Communication from City Commissioners:

  • A discussion ensued concerning dumpsters on commercial property.

VIII. Communication from City Manager:

  • Code enforcement update.
    • CM Phagan described the bulk mailing contents and distribution.
    • CM Phagan provided an update on additional letters that will be sent to residents. These include a commercial vehicle on Back Nine and a garage on Harrison Ferry.
  • Update on 2601 Mountain View Lane
    • CM Phagan provided an update on information gathered from the attorney and MTAS. He stated that the attorney’s recommendation is to send a Cease-and-Desist letter to the owner of the residence.
    • Donna Hernandez also provided information she had obtained from Jennifer Correl from the University of Tennessee in reference to certifications not being mandatory.
    • After discussion among the Commission and, with input from Baneberry citizens, Mark Howard made a motion for a cease-and-desist letter to be sent by the city attorney with a 90-day expiration period, sooner if possible. Tom Carter seconded. Passed 3-0.

IX. Reports from Committees:

  • Fire Department: None
  • Planning Commission: Approved a building plan with contingencies, approved a deck, and continued with updates to codes and ordinances.
  • Parks & Recreation/Social Entertainment Committee: February 6th at 5:30 pm is the next meeting.
  • Road Commission: None

X. Old Business:

  • Ordinance to update General Rules of Order for Meetings (BMC 1-1-102 & 1-1-106) Mark Howard made a motion to adopt Ordinance 2024-03 with the addition of 1- 106 (4), Emergency city Meetings. Mark Howard Seconded. Passed 3-0
  • Second reading of Ordinance 2024-04, Title 12
    • Tom Carter made a motion to approve Ordinance 2024 04, amendments to Title 12. Mark Howard seconded. Passed 3-0.
  • Second reading of Ordinance 2024-05, Title 16
    • Tom Carter made a motion to adopt Ordinance 2024-05, Amendments to Title 16. Mark Howard seconded. Passed 3-0. D. Second Reading of Ordinance 2024-06, Open burning
    • Mark Howard made a motion to adopt Ordinance 2024-06, Open Burning. Tom Carter seconded. Past 3-0.

XI. New Business:

  • Ordinance 2024-07 to replace Ord. 2023-07, City of Baneberry purchasing policy and procedures.

XII. Adjourn:

    • Postponed until next meeting.
    • At 6:50 pm Mark Howard made a motion to adjourn. Tom Carter seconded. Passed 3-0.

*Instructions for public comment will be provided at the meeting.

Jan 8 Commission Minutes Approved Feb 12, 2024