Townsend, Tennessee

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CITY OF TOWNSEND COMMISSION MEETING MINUTES
On
August 18th, 2009

Attend: Attending the meeting was Mayor Pat Jenkins, Vice Mayor Ron Palewski, Commissioner Shannon Skidmore, Commissioner Charles Tippitt, Commissioner David Wietlisbach, Recorder Shelia Moss, Police Chief Ron Suttles, Townsend Volunteer Fire Department Captain Keith Shepherd, Jackie Suttles, Iva Butler, Craig Taylor Brown, Mike Talley, Don Headrick, Harry Grothjahn, Mary Ann Ashworth, Walt Becki, as well as several other community members.

Pledge: Mayor Jenkins opened the meeting with the Pledge of Allegiance.

Minutes: Vice Mayor Palewski made a motion to approve the minutes from the July 21, 2009 meeting. Commissioner Tippitt seconded and the motion passed with 5 yea votes.

**Mayor Jenkins made a motion to move the Fire Department Report to the front of the Agenda as Captain Keith Shepherd had another commitment. Commissioner Skidmore seconded and the motion passed with 5 yea votes.

Fire: Captain Shepherd reported that Chief Stallions was in Nashville attending a training session to become a certified instructor for the new State required sixteen hour course. He also reported that the Fire Department had a heavy volume of calls. Captain Shepherd mentioned that sixteen hours of class was required for all new fire fighters, volunteer and paid, prior to becoming actively involved in fire fighting. He mentioned that all members with less than five years experience must attend sixty four hours of training and a live burn, which is also a State requirement. Captain Shepherd reported that the Townsend Volunteer Fire Department would be able to meet the new requirements with no problem. He mentioned swift water rescue training would take place at the Ocoee on September 11, 12, 13. Captain Shepherd reported that they had purchased five sets of full gear for swift water rescue. He also expressed that the Townsend Volunteer Fire Department was thankful for the City's support. Vice Mayor Palewski asked if there was any word on the new fire house and Captain Shepherd responded by saying that they are waiting on quotes from builders.

Finance Report: Recorder Moss gave the finance report for the month of July. Commissioner Wietlisbach made a motion to approve the finance report. Commissioner Tippitt seconded and the motion passed with 5 yea votes.

Police Report: Chief Suttles reported that traffic is heavy on weekends. He also mentioned that school was back in session. He also reported they didn't have any major problems and were in good shape. Vice Mayor Palewski mentioned that he appreciated Chief Suttles for helping the Eagle Scout put up 18 bird houses. Chief Suttles reported that there were 18 blue bird houses which were put up along the bike trail.

Maintenance: Chief Suttles reported that mowing was still heavy. He also reported that a Gentleman was coming to do community service. Chief Suttles mentioned that the parole officer was informed that the City was not able to assign someone to supervise constantly and that liability waivers will need to be signed. He reported that a specific area and job would be assigned for community service. Chief Suttles reported that the State has promised to clean ditches and sweep before the fall traffic.

Recreation: Commissioner Wietlisbach reported that he is starting to get calls about the parade. He mentioned a potential theme could be Patriotic Christmas. There was a brief discussion about the parade. No action was taken.

Old Business:

Knoxville Track Club, Wears Valley 15-K Road Race: There was a brief discussion regarding the request and requirements mentioned at last months meeting. Commissioner Tippitt made a motion to send a letter approving the event. Commissioner Wietlisbach seconded and the motion passed with 5 yea votes.

Townsend River Walk Landscaping Grant, Update: Recorder Moss informed the Commission that Mitch Loomis of the East Tennessee Development District (ETDD) has agreed to do the environmental study at no charge to the City. She mentioned that it could take up to three months to complete this portion. Recorder Moss reported that once the environmental portion was approved, then we would proceed to engineering. No action was taken.

Plan of Services Update, Newly Annexed Property Effective January 5, 2009: Mayor Jenkins read Resolution 219-05-1C aloud. There was a brief discussion regarding the services named in this Resolution. Vice Mayor Palewski made a motion that the Commission had met all the services listed in the plan of services for the newly annexed property. Commissioner Wietlisbach seconded and the motion passed with 5 yea votes.

Public Hearing & 2nd Reading, Ordinance 244-09-1C, 2008-2009 Year End Budget Amendment: Mayor Jenkins read the heading and caption aloud and opened the public hearing at 7:24 pm. There being no public comment, the public hearing was closed at 7:25pm. Mr. Walt Becki spoke up right after the public hearing was closed and asked how anyone could comment when they did not even know what the Ordinance said. Mayor Jenkins responded by informing Mr. Becki that the Ordinances have been available for public inspection for the past two months. Vice Mayor Palewski asked if they were online and Recorder Moss informed him that they were not online. Mayor Jenkins stated that he would like to move in the direction of having items up for Public Hearing be posted on the website but, did not want to make that a requirement at this time. Commissioner Tippitt made a motion to approve this Ordinance. Commissioner Skidmore seconded and the motion passed with 5 yea votes.

Public Hearing & 2nd Reading: Ordinance 245-09-1C, Building Height: Mayor Jenkins read the heading and caption aloud and opened the public hearing at 7:27pm. Mr. Becki asked what is the new building height opposed to the old building height. Mayor Jenkins responded by saying, the change is in how you measure. He mentioned that the number didn't change. Mayor Jenkins also mentioned that you would take the average distance between the top of the eve to the top of the ridge to determine your height, instead of going to the top of the ridge. He mentioned that the theory is to support steeper pitched roof's which is the look most people in Townsend find attractive. There being no further public comment, the public hearing was closed at 7:29pm. Vice Mayor Palewski made a motion to approve. Commissioner Skidmore seconded and the motion passed with 5 yea votes.

Public Hearing & 2nd Reading: Ordinance 246-09-1C, PUD signage: Mayor Jenkins read the heading and caption aloud and opened the public hearing at 7:30pm. Mr. Becki asked if a Planned Unit Development would be Trillium Cove. Mayor Jenkins responded by stating that Trillium Cove is the only Business Planned Unit Development that we have currently. He mentioned that this came as a result of the owners in Trillium Cove feeling they needed more signage to attract more customers. Mayor Jenkins also mentioned that they felt they had been put at a disadvantage when the amount was changed for the shopping centers. There being no further public comment, the public hearing was closed at 7:32pm. Commissioner Tippitt made a motion to approve. Vice Mayor Palewski seconded and the motion passed with 5 yea votes.

Resolution 235-09-1C, 1st Reading: Guns in Parks, Local Opt-Out: Mayor Jenkins stated that this was a resolution and only required one reading. Recorder Moss confirmed the one read requirement. Commissioner Skidmore asked if this Resolution was from the City Attorney, Will Carver. Mayor Jenkins responded by stating that it came from the Municipal Technical Advisory Service (MTAS) but, was reviewed and approved by Attorney Carver. Mayor Jenkins read the Resolution aloud. Commissioner Tippitt made a motion to approve and Vice Mayor Palewski seconded. Mayor Jenkins mentioned that due to the uniqueness of this Resolution, he wanted to allow the people in attendance to speak. Ms. Phyllis Cascio, a resident in Laurel Valley, asked why this come up and how would you would be able to enforce this law. Mayor Jenkins responded by saying that these rules have been in place for years to not allow guns in parks and mentioned that the vote is whether or not to continue the rules that have existed for years or accept the new State rules which allow you to carry in parks. Mayor Jenkins reported that Blount County would be voting on this same issue next week. He also mentioned that Maryville and Alcoa had already chosen to Opt-Out and prohibits guns in their parks. There was further discussion between Mayor Jenkins and Ms. Cascio. Don Headrick asked if the Right of Way area of Hwy 321 is considered a part and Mayor Jenkins responded that it would part due to the bike trail. Commissioner Skidmore then read the portion of the resolution detailing what all areas would be included. Mayor Jenkins asked Chief Suttles for his opinion. Chief Suttles believes that hand gun carry permits should be concealed permits. Mayor Jenkins stated that Townsend is so unique due to having so many out-of-towners who stay for the weekend and asked Chief Suttles would it be better to not allow guns in public places. Chief Suttles responded by saying if the City opts out, it will give his department a tool to weed out what is out there. Mayor Jenkins stated that if the Commission approves this resolution they are effectively continuing the ban on handguns in parks and public places. He then asked Chief Suttles if the ban on handguns in public places caused you an enforcement issue and if he had received any complaints. Chief Suttles responded by saying no to both questions. There was further discussion between the Commission, Citizens, and the Police Chief. The Commission voted on the motion and second made prior to the discussion on Guns in Parks and the motion passed with 5 yea votes.

New Business:

*Marilyn Myers Byrd: Mayor Jenkins asked Mrs. Byrd to speak opposed to him reading the information she had prepared for the Commissioners. Mrs. Byrd stated that she was raised in Townsend on Myers road up from the Cemetery. She mention that about two months ago David Post and David Ledbetter contacted the Myers family and mentioned that they may want to start thinking about forming a Myers Cemetery Association. Ms. Byrd mentioned that the Myers Cemetery is located near the Visitor's Center. She also mentioned that right now two hundred graves have been identified that date back to 1803. Mrs. Byrd also stated that the City of Townsend has rescued the Cemetery several times for example, back in 2004 when the Townsend Police, Government Officials, and the Cades Cove Preservation Association got in there for two or three years in a row to get it back online. Mrs. Byrd mentioned the generosity of Mr. J. C. Morgan who has helped them for three years without the anticipation of any money. Mrs. Byrd reported that Mr. Morgan had to have recent surgery which prevents him from weed eating but can still mow. Mrs. Byrd stated that the reason the Myers family was contacted was due to the number of Myers family members buried there. Mrs. Byrd confirmed with the City that the Cemetery was actually inside the City Limits of Townsend. Mrs. Byrd reported that this Cemetery was set aside for burial in 1802. She asked if the City would be able to contribute any funds for mowing and weed eating. Mayor Jenkins referred to the printed information Mrs. Byrd prepared for the Commission. He mentioned that to clarify ownership, she might want to contact the Blount County records. Mayor Jenkins informed Mrs. Byrd that the Commission understands the desire to help take care of the Cemetery and that the Commission would discuss her request. There was some discussion regarding the missing historical marker. Ms. Byrd confirmed that this was not an active Cemetery and the last burial was in the fifties.

**Mr. Walt Becki inquired on whether or not Dead Beat Pete's was a bar or restaurant. Mayor Jenkins confirmed that this is a restaurant. He then inquired about the guns law in relation to bars. Chief Suttles addressed this question. Mr. Becki also asked about the lighting at Mr. Pete Maples new building and why it was so bright. He mentioned that there are all these codes for the lights to reflect down. Mayor Jenkins reported that Mr. Maples plan was approved by the Planning Commission and that Code Enforcement Officer, Claude Scarbrough, was working with Mr. Maples to get complete conformance to the approved plan. There was further discussion regarding the regulations concerning lighting between Mr. Becki, Commissioner Skidmore, and Mayor Jenkins.

**Mr. Mike Talley inquired about the Guns in Parks resolution. He asked if it was still lawful to carry long guns as he noticed the resolution only addressed handguns. Mayor Jenkins reported that this resolution was prescribed by the State Attorney for Cities and Municipalities to Opt Out and they chose the wording very carefully. Mayor Jenkins believes that State Law only relaxes the ban only on handguns and all other guns are still prohibited.

There being no further business to discuss, the meeting was adjourned.

Respectfully Submitted by:

Shelia Moss
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