Commission to revisit rezoning for apartments; officials cite Sunshine Law concerns

By Iva Butler
of The Daily Times Staff

Because of concerns about the Sunshine Law, Alcoa City Commission has decided to start over on a rezoning request for a 108-unit apartment complex on East Old Topside Road and Topside Road.

A month after passing the rezoning ordinance on first reading, the commission Tuesday night deferred action on final reading. Commissioners will repeat the process of a public hearing and two readings for rezoning the 10-acre tract.

Before the first vote on the controversial project, the commission met privately for about 10 or 15 minutes with the city attorney, which they can legally do under attorney-client privilege, according to Alcoa Mayor Don Mull and City Manager Mark Johnson.

But some residents in the area protested the way the city held the public hearing and voted on the ordinance, saying the commission violated the state open meetings law, or Sunshine Law.

Before commissioners voted on the rezoning, they had a briefing by the staff planner and the city attorney on what was happening, what had been done and what the commission was being asked to do, Mull said.

Johnson said the city attorney explained the situation to the commission in that closed meeting.

Johnson said the since that first vote the validity of the public hearing was questioned and whether commissioners had already made up their minds to vote in favor of the project before they heard from residents.

City attorney Shelley Wilson does not think there is an error in the process, but to be on the safe side advised the city to start the whole process again, which they agreed to do, Johnson said.

"In an abundance of caution and in the spirit of the law we recommend that we begin a new the process of zoning assignment," Johnson said.

The commission then rescinded the previous action and decided to start over on the public hearings and two readings.

Private 'briefings' held

One resident opposed to the apartment complex charged that the commissioners have private meetings before all of their monthly public meetings.

Mull said, "We don't meet every time before a commission meeting."

But Johnson said commissioners "get together and listen to briefings but cannot deliberate and certainly can't make a decision. Most times there is an existing or threat of litigation."

He said the session in question was instructional on how the project worked its way through the planning commission, what the issues are and the legal ramifications.

"They were advised not to discuss and not to make a decision. They could ask questions of the attorney or staff for clarification," he said.

"A lot of times commissioners come by my office, sometimes two or three, to hear what's going on for the week. They get informal status reports on things, like where the water plant or Hamilton Crossing stand," Johnson said.

He denied that the briefings are a violation of the Sunshine Law.

Commissioner George Williams said, "We get briefings on things throughout the month. Those who can (commissioners) come. Sometimes we will have briefings when certain issues are before us. Staff or whoever make presentations. Most of the time the city attorney is there. No decisions are made. That's the important thing to me."

There was no decision made before the public hearing on the apartment complex, Williams said.

Frank Gibson, executive director of the Tennessee Coalition for Open Government, said of the private briefings: "Technically it probably is not a violation of the Sunshine Law. But the Sunshine Law exists to inspire confidence and public trust in government. While technically they do not have to give notice of these kinds of meetings, what's the harm?

"Why would they not want the public to know they were meeting? They should see some advantage to letting the public and press have the same information they are getting. By not giving notice, it raises unnecessary suspicion."

The public hearing and first reading on the rezoning ordinance will be at the 7 p.m. Aug. 12, commission meeting in Alcoa Municipal Building.

Bonds refinanced

In other action, the commission authorized the refinancing of $14 million in general obligation notes for various projects.

Also approved was installation of fiber optic cable to Proffitt Springs Substation off Louisville Road and Chandler Substation off Topside Road. This will be an extension of the contract with Tel-Tec Inc. for a total cost of $88,413.

Mayor Mull was authorized to execute a one-year contract extension to sell water to Tuckaleechee Utility District. Tuckaleechee will pay $2 per 1,000 gallons of water, the inside city rate.

This extension will allow Seckman Reid to complete a joint Maryville/Alcoa water system study which will include an analysis of the cost to produce water and a suggested rate structure.

Once that study is complete, Alcoa will enter into negotiations for a long-term contract with Tuckaleechee.

Mull was also authorized to execute an amended contract with Baird Tree Company for additional tree trimming work at a price of $160,000.

Baird will clear 37 miles of rights-of-way on two Blockhouse Substation feeders. Tree trimming is needed to reduce customer outages and overtime required when tree limbs contact the lines.

The group confirmed the emergency purchase of a new rooftop heating/cooling unit for Alcoa Municipal Building from Shoffner Mechanical Services at $19,575.

A public hearing was held, annexation ordinance passed on final reading and a plan of services approved for the Billy Proffitt property on Alcoa Highway across from Green Acres Flea Market.

The commission also approved rezoning of the John Weston property on Rose Avenue from General Business District E to Residence District B.

Also passed on second and final reading was an ordinance closing Howe Street Park, Rock Gardens Park and Oldfield Park, as well as parking for the parks, from sunset until sunrise instead of midnight to 6 a.m.