County Commissioners · Meeting · May 28, 2024

Tue, May 28, 2024

The elected legislative body for Hickman County. Sets county policy, adopts the budget, and represents residents across the county’s districts.

Outline

This outline was generated by an LLM from a transcript and may contain errors or inaccuracies. Prefer the original recording when available.

The commission handled several consequential items beyond routine business. Members rejected a $400,000 settlement demand in a federal employment/medical-leave lawsuit filed by former employee Daryl Beard and voted to proceed toward trial. They also approved a property purchase in Pinewood for a future EMS station, authorizing the mayor to enter a purchase agreement at $950,000 after discussion of conversion, paving, and door-installation costs that kept the total project under the previously discussed $1.15 million budget target. The body also approved a zoning amendment to allow certain nonconforming mobile-home-park sites to be rebuilt with stick-built homes under limits tied to footprint, bedroom count, and septic capacity.

Other notable threads included approval of six budget amendments, a rezoning on Methodist Church Road, adoption of a new opioid settlement board report noting about $418,000 available for treatment/prevention/recovery uses, approval of a TDOT drainage-project signature resolution, discussion of whether to retain or deed back 71 Hidden Valley Lakes lots given annual assessments and heavy county service demands there, approval of temporary park-safety barriers at McCord Park up to $3,000, and a county update that the hazard mitigation plan had finally been approved, preserving FEMA-related funding eligibility.

Call to Order; agenda changes; minutes 2:50

  • 4:54 Agenda amended before approval:
    • Resolution 24-10 (rezoning) was moved up from later in the agenda.
    • A new Resolution 24-11 was added as budget-related cleanup tied to local sales-tax handling previously discussed during budget work sessions.
  • 6:26 Rules were set aside by roll-call vote to allow consideration of the added resolution; passed 12–0, with 2 absent.
  • 7:06 Agenda further amended to add an opioid settlement board report under monthly committee and board reports because commissioners said a significant update was ready.
  • 7:50 Rezoning Resolution 24-10 was moved again, this time to follow approval of minutes so executive session with counsel could remain earlier.
  • 8:32 Agenda approved as amended.
  • 8:58 April 22 minutes approved without controversy.
  • 8:40 Public comment was listed next, but the sole signed speaker, Chris Holt, did not speak.

New Business / Agenda Items 9:18

Rezoning at 7212 Methodist Church Road 9:18

  • 9:18 Resolution 24-10 rezoned property at 7212 Methodist Church Road in Lyles from agricultural to C-1 commercial.
  • 9:34 The stated plan was to place offices there; the item had come through planning and zoning with full support.
  • 9:58 No discussion was raised on the floor.
  • 10:08 Approved by roll call 12–0, with 2 absent.

Executive session and lawsuit settlement demand 10:38

  • 10:38 The commission entered executive session with county counsel.
  • 13:19 Meeting reconvened in open session.
  • 14:29 Counsel publicly described the lawsuit by former employee Daryl Beard, who sued after termination while dealing with serious medical issues, including amputations.
  • 14:53 The dispute centers on whether all federal leave time had been exhausted and whether the county should still have granted additional medical leave; counsel framed it as involving the ADA-type issues.
  • 15:17 Counsel said trial was set for September 24, and plaintiff’s counsel had made a settlement demand of $400,000; he presented that demand to the county for consideration as required.
  • 15:47 A motion was made to reject the $400,000 demand while remaining open to negotiation and proceeding toward trial if necessary.
  • 16:18 The motion to reject was approved by roll call 12–0, with 2 absent.

Elections, Appointments, and Confirmations 17:06

  • 17:15 The mayor nominated Tommy Caps to fill the District 3 opening on the Planning and Zoning body.
  • 17:44 Commissioners clarified that the mayor makes nominations and the commission approves them.
  • 17:52 Appointment approved by voice vote.
  • 18:24 Four notaries were submitted for approval:
    • Sharon M. Cartwright
    • Melinda Cook Hickman
    • Diane Lancaster
    • Elizabeth A. White
  • 18:41 Notaries approved by voice vote.

Department / Official Reports 19:04

County Mayor’s report 19:04

  • 19:12 The mayor reported the harbor building move-in was complete and signs were up; an open house is planned later.
  • 19:29 The county’s hazard mitigation plan had finally been approved after delays tied to staff turnover.
  • 19:37 Approval was described as important because it keeps the county eligible to pursue future federally funded mitigation work through FEMA.

County Attorney: Hidden Valley Lakes lots and county exposure 20:13

  • 20:20 Counsel reviewed the county’s recurring issue with lots in Hidden Valley Lakes acquired by default through tax sales.
  • 20:37 He said a law passed about 10 years earlier allowed the county to deed such lots back to Hidden Valley Lakes and avoid owner assessments; that has been the county’s practice.
  • 21:12 At the September 2022 tax sale, additional lots were not purchased and thus passed to the county.
  • 21:27 An order from Judge Spitzer dated October 12, 2022 vested title to 71 lots in the county.
  • 21:41 Counsel said the commission now needs to decide whether to continue the prior practice of deeding the lots back or instead retain them and pay assessments.
  • 22:05 The county had received a bill of about $35,150 tied to the 71 lots; counsel said he had asked for a full accounting because the bill appeared to cover multiple years.
  • 22:28 He stated the annual assessment is $200 per lot, or a little over $14,000 for all 71 lots.
  • 22:37 He explained why the issue matters beyond bookkeeping: county leaders had raised concerns about heavy use of county services and public-safety problems in the development.
  • 23:04 The sheriff’s department and EMS were said to have responded there over 100 times each in the prior 12 months.
  • 23:27 Counsel said there was no desire for the county to control Hidden Valley Lakes, but owning lots could give the county more voice in a difficult and “acrimonious” situation.
  • 24:14 No vote was requested that night; commissioners were asked to consider whether to revisit the county’s approach before the next meeting.
  • 25:02 In questions, commissioners asked what procedural path would be needed if they wanted to pursue further action; counsel said he was not prepared to fully advise on that that evening but could review whether any future discussion might qualify for executive session.

Committee Reports 26:40

Planning Commission 26:40

  • 26:49 Report noted that a related resolution later in the meeting would address old mobile-home-park issues.
  • 26:57 The county had held its kickoff meeting for the land-use plan, with future stakeholder-meeting dates still to come.

Solid Waste 27:19

  • 27:19 Solid Waste had met; committee notes were in the packet.
  • 30:46 A later budget amendment moved $43,003 within Solid Waste accounts.

Health, Safety, and Properties 27:32

  • 27:32 Committee met; minutes were in the packet.
  • 27:41 Chair said there was nothing major to highlight from that report.

Public Safety 27:49

  • 27:49 Briefly referenced with no major additional discussion.

Finance 27:56

  • 27:56 Finance did not meet.
  • 28:05 The financial summary was not in the packet and would be handled at the next meeting.

Budget Committee 28:14

  • 28:21 Chair said the committee met multiple times in May; minutes from the May 9 meeting were in the packet.
  • 28:29 Six budget amendments were brought forward for commission action:

Budget amendment 24-61 28:37

  • 28:37 Amendment 24-61 in the amount of $6,981 was described as account cleanup.
  • 28:51 Approved by roll call 12–0, with 2 absent.

Budget amendment 24-62 29:24

  • 29:24 Amendment 24-62 in the amount of $250 moved money for the trustee commission.
  • 29:39 Approved by roll call 12–0, with 2 absent.

Budget amendment 24-63 30:03

  • 30:03 Amendment 24-63 was presented, but the amount/topic is not clear from the transcript excerpt.
  • 30:28 Approved by roll call 12–0, with 2 absent.

Budget amendment 24-64 30:46

  • 30:46 Amendment 24-64 in the amount of $43,003 moved money within Solid Waste accounts.
  • 31:01 Approved by roll call 12–0, with 2 absent.

Budget amendment 24-65 31:18

  • 31:18 Amendment 24-65 in the amount of $687.50 cleaned up Highway Department accounts.
  • 31:28 Approved by roll call 12–0, with 2 absent.

Budget amendment 24-66 32:03

  • 32:03 Amendment 24-66 in the amount of $37,875.34 was for school general purpose fund 141.
  • 32:16 Commissioners noted it had already been approved by the school committee on May 6.
  • 32:39 Approved by roll call 12–0, with 2 absent.

Proposed budget distribution 33:05

  • 33:05 Commissioners were reminded that the proposed budget had been handed out by Finance Director Crystal Fitzgerald; members were invited to ask questions later.

Health Foundation 33:36

  • 33:44 The foundation reported grants had been awarded, though exact dollar amounts were not recalled on the floor.
  • 33:51 Funding went to the chief firefighters association for medical-response items rather than firefighting gear.
  • 34:00 Items described included a Stokes basket with a wheel to help remove injured deer hunters from woods, reflective shirts, and medical bags.

Public Records Committee 34:29

  • 34:29 Did not meet.

Economic and Community Development 34:37

  • 38:20 Later calendar update said ECD executive committee would meet the first Thursday at 8:30 a.m. at the co-works space, and the full board would meet the following Thursday, also at 8:30 a.m.

Board of Zoning Appeals 34:45

  • 34:54 The board plans to bring back information seeking clarification or possible language changes on “type two” home businesses.
  • 35:11 That issue is expected to go to the Planning Commission.

Opioid settlement board 35:36

  • 35:36 The newly formed board reported on its first formal meeting.
  • 35:44 Strong public interest was noted, with many emails and calls.
  • 36:00 Officers elected:
    • Leon Brower, chair
    • Carla Moore, vice chair
    • Noel (surname unclear), secretary
  • 36:08 The board designed and adopted its bylaws.
  • 36:16 Monthly meetings were set for the second Tuesday at 5:00 in the meeting room; next meeting was set for June 11.
  • 36:25 The June meeting is expected to formalize the application process for distributing settlement funds.
  • 36:34 A Middle Tennessee opioid summit at MTSU was mentioned; 22 counties had already registered, and Hickman County planned representation.
  • 36:51 Hickman County was reported to have a little over $418,000 in its opioid settlement fund.
  • 36:58 The intended uses named were treatment, prevention, and recovery support during the opioid crisis.

Unfinished Business 38:52

McCord Park creek-bank safety and temporary barriers 38:52

  • 39:02 A commissioner asked about engineer feedback on erosion/creek expansion at McCord Park, saying several calls had come in and the creek was encroaching on the park.
  • 39:19 The mayor said he had immediately contacted Mr. Taylor after receiving photos and that Commissioner Callicott had also been helping; an engineer was still needed to become available for project design.
  • 39:43 Commissioners then shifted to an interim safety fix, asking whether concrete barriers could be moved in quickly because children and tournament activity were near the hazard and only orange flagging was present.
  • 40:20 A motion was made authorizing the mayor to speak with Highway Chief Administrative Officer Ronald Coates about installing concrete barriers, using hotel-motel-tax tourism/recreation funds if needed.
  • 41:07 One commissioner supported the need but objected to approving spending without a cost estimate.
  • 42:09 Finance Director Crystal Fitzgerald said that if commissioners believed the work was necessary, she could bring back any needed budget amendment afterward.
  • 42:58 Commissioners amended the motion to include a spending cap.
  • 44:09 Final motion authorized the mayor to proceed with temporary concrete barriers, with a not-to-exceed amount of $3,000.
  • 45:08 Approved by roll call 12–0, with 2 absent.

New Business / Agenda Items 45:50

TDOT drainage project signature authorization 45:50

  • 45:50 Resolution 24-8 authorized the county mayor to sign a Tennessee Department of Transportation proposal for project number 40100-4100-04, with references including M1 MW and M3 as spoken in the transcript.
  • 46:16 Sponsors said the state would be doing drainage work and needed the mayor’s signature to proceed.
  • 46:30 Approved by roll call 12–0, with 2 absent.

Zoning amendment on mobile home parks and nonconforming uses 47:02

  • 47:02 Resolution 24-9 amended the Hickman County zoning resolution regarding development standards for mobile home parks and nonconforming uses.
  • 47:20 Sponsors said the issue had come before zoning staff and the planning committee multiple times because some older single-wide mobile-home-park sites could not be reasonably replaced under current rules.
  • 47:37 The amendment allows a nonconforming manufactured home to be replaced with a stick-built structure if it stays within the same footprint and bedroom count and if the septic system can support it.
  • 47:59 Sponsors said a specific property owner had repeatedly pursued the request and wanted to replace older units with stick-built homes.
  • 48:08 Supporters argued the change would improve housing stock and increase property tax value while using already developed sites.
  • 48:41 Septic limitations were emphasized as a practical brake on increasing density, because many of the old sites already have failing or constrained septic areas.
  • 50:14 Approved by roll call 12–0, with 2 absent.

Sales-tax resolution cleanup 50:38

  • 50:38 Resolution 24-11 dealt with local sales-tax revenue.
  • 51:02 Members said it was necessary to clarify and change an older resolution so the county could proceed with the budget direction already agreed during budget meetings.
  • 51:19 The old earmark had sent the money to the jail; sponsors said that purpose was no longer needed in that form.
  • 51:35 The resolution was described as repealing Resolution 03-49 so the county could use the funds as decided in recent budget work.
  • 52:00 Approved by roll call 12–0, with 2 absent.

Proposed Pinewood EMS station purchase 52:31

  • 52:31 Commissioners revisited the proposed purchase of “Lena’s” property for an EMS station in Pinewood, following questions raised at the last budget meeting about next steps and total cost.
  • 52:59 The funding framework discussed was $1.15 million total, described as $1.1 million plus $50,000 from the Highway Department.
  • 53:14 Members said meetings had been held with EMS and local building expertise to avoid surprises and confirm the structure could meet needs.
  • 53:21 Interior conversion work was estimated at $100,000.
  • 53:31 Concrete work from the fuel pumps area was quoted at $60,000.
  • 53:39 Rolling steel doors with installation were quoted at about $34,000.
  • 53:47 Knocking out the wall for those doors was estimated at about $2,000.
  • 53:47 Total discussed project cost was about $1.046 million, leaving it under the prior budgeted amount.
  • 54:04 Members said the owner needed a county commitment soon because the hoped-for closing window was mid- to late July.
  • 54:21 A motion was made to authorize the mayor to enter a purchase agreement.
  • 54:29 The stated purchase price was $950,000.
  • 54:51 A commissioner asked about appraised value.
  • 55:34 Appraisal was stated as $233,500, prompting concern about the gap between appraisal and negotiated price.
  • 56:39 Supporters defended the deal by comparing it to prior estimates for building from scratch on county-owned land, said to be over $3 million or roughly $3.2–$3.3 million once architects, engineers, and other project costs were included.
  • 57:24 Commissioners also noted the site included more than a shell building, including fuel tanks and a generator.
  • 57:47 The $100,000 interior estimate included creating a separate restroom for sheriff’s patrol use, including female officers working that end of the county overnight; one member said the conversion might be $25,000 less without that addition.
  • 58:11 The $60,000 paving/concrete estimate was described as covering much of the parking/approach area needed for apparatus access and fuel-tank approach.
  • 59:34 A commissioner addressed rumors by stating the county was not forcing the sale; supporters said it was a voluntary transaction.
  • 59:57 Supporters framed the vote as the next step after broad prior agreement that Pinewood needed an ambulance presence.
  • 1:00:47 Motion approved by roll call 12–0, with 2 absent, authorizing the mayor to proceed with the purchase agreement.

Announcements and Adjournment 1:01:19

  • 1:01:26 No further new business was brought forward.
  • 1:01:35 Motion to adjourn was made and seconded.
  • 1:01:54 Meeting adjourned.

Key figures and statistics

Figure Type Context / topic Timestamp
12 present Attendance Commissioners present at roll call 3:13
2 absent Attendance Commissioners absent at roll call; repeated on roll-call votes throughout meeting 3:13
24-10 Resolution number Rezoning at 7212 Methodist Church Road 4:54
24-11 Resolution number Added sales-tax cleanup resolution 5:55
April 22 Date Prior meeting minutes approved 8:58
7212 Methodist Church Road Address Property rezoned from agricultural to commercial 9:18
C-1 Zoning classification New zoning category for Methodist Church Road property 9:34
September 24 Trial date Daryl Beard employment/medical leave lawsuit 15:17
$400,000 Settlement demand Plaintiff demand in Daryl Beard case, rejected by commission 15:17
District 3 Position Planning and Zoning opening filled by appointment 17:15
4 Count Notaries approved 18:24
10 years Time period Approximate age of law allowing county to deed Hidden Valley Lakes lots back 20:37
2022 Year Recent tax sale that resulted in more Hidden Valley Lakes lots going to county 21:05
September 2022 Date Tax sale timing for Hidden Valley Lakes lots 21:12
October 12, 2022 Date Judge Spitzer order vesting lots in county 21:27
71 Lot count Hidden Valley Lakes lots vested in county 21:34
$35,150 Bill / assessment Hidden Valley Lakes bill sent to county for lot assessments 22:05
$200 per lot Annual assessment rate Hidden Valley Lakes annual lot assessment 22:28
over $14,000 Annual cost Approximate yearly total assessments for 71 Hidden Valley Lakes lots 22:28
over 100 times each Service call count Sheriff and EMS responses to Hidden Valley Lakes in prior year 23:04
12 months Time period Period used for Hidden Valley Lakes response count 23:04
May 9 Date Budget committee meeting referenced in packet 28:21
6 Count Number of budget amendments presented 28:29
24-61 Budget amendment number Account cleanup amendment 28:37
$6,981 Budget amendment Amount of budget amendment 24-61 28:37
24-62 Budget amendment number Trustee commission adjustment 29:24
$250 Budget amendment Amount of budget amendment 24-62 29:24
24-64 Budget amendment number Solid Waste internal transfer 30:46
$43,003 Budget amendment Amount of budget amendment 24-64 30:46
24-65 Budget amendment number Highway account cleanup 31:18
$687.50 Budget amendment Amount of budget amendment 24-65 31:18
24-66 Budget amendment number School general purpose fund amendment 32:03
$37,875.34 Budget amendment Amount of budget amendment 24-66 32:03
141 Fund number School general purpose fund referenced in amendment 24-66 32:09
May 6 Date School committee approval date for amendment 24-66 32:16
5:00 Meeting time Monthly opioid settlement board meetings 36:16
June 11 Date Next opioid settlement board meeting 36:16
22 counties Registration count Counties registered for Middle Tennessee opioid summit 36:34
$418,000 Fund balance Approximate opioid settlement funds available 36:51
8:30 a.m. Meeting time ECD executive and full-board meeting times 38:20
$3,000 Spending cap Temporary McCord Park concrete barriers 44:09
24-8 Resolution number TDOT drainage-project signature authorization 45:50
40100-4100-04 Project number TDOT drainage project 45:50
24-9 Resolution number Zoning resolution amendment for mobile home parks/nonconforming uses 47:02
same footprint Standard Limitation for replacing nonconforming manufactured homes with stick-built structures 47:37
same bedrooms Standard Bedroom-count limitation tied to septic capacity 48:33
03-49 Resolution number Older sales-tax resolution repealed by 24-11 51:35
$1.15 million Project budget Overall Pinewood EMS station funding target 52:59
$1.1 million Funding amount Main amount available toward Pinewood EMS project 52:59
$50,000 Funding amount Highway Department contribution to Pinewood EMS project 53:06
$100,000 Renovation estimate Interior conversion for Pinewood EMS station 53:21
$60,000 Site-work estimate Concrete/paving work for Pinewood EMS station 53:31
$34,000 Equipment/building estimate Rolling steel doors with installation 53:39
$2,000 Demolition estimate Wall removal for door installation 53:47
$1.046 million Project total Approximate all-in Pinewood EMS project cost discussed 53:47
mid to late July Closing window Expected timeframe for Pinewood property closing 54:04
$950,000 Purchase price Pinewood EMS station property purchase agreement 54:29
$233,500 Appraisal Appraised value mentioned for Pinewood property 55:34
30 by 80 Building dimensions Approximate Pinewood building dimensions as discussed 55:57
40 by 80 Building dimensions Alternate approximate Pinewood building dimensions mentioned in discussion 56:06
10-foot roof Building spec Approximate roof height/spec mentioned for Pinewood building 56:13
5 1/2-inch Building spec Concrete floor thickness mentioned for Pinewood building 56:22
32 inches Building spec Spacing of poured block/steel detail as described 56:29
$3 million Comparative estimate Rough prior estimate to build new EMS station from scratch on county land 58:38
$3.2–$3.3 million Comparative estimate More specific prior rough estimate for building from scratch 58:47
$25,000 less Savings estimate Possible reduction if extra sheriff restroom were omitted 57:47

External vendors, brands, and software

Name Type Context / topic Timestamp
FEMA Company Hazard mitigation plan approval preserves future federal mitigation funding eligibility 19:45
MTSU Company Site of Middle Tennessee opioid summit referenced by opioid settlement board 36:34

Personnel changes

| Name | Role / office | Change | Context / topic | Timestamp | |---|---|---|---| | Tommy Caps | Planning and Zoning member, District 3 | Appointed | Nominated by the mayor to fill District 3 opening; approved by commission | 17:15 | | Leon Brower | Opioid Settlement Board Chair | Appointed | Elected chair at the board’s first formal meeting, as reported to commission | 36:00 | | Carla Moore | Opioid Settlement Board Vice Chair | Appointed | Elected vice chair at the board’s first formal meeting, as reported to commission | 36:00 | | Noel | Opioid Settlement Board Secretary | Appointed | Elected secretary at the board’s first formal meeting; surname unclear in transcript | 36:00 |

Laws and policies

| Citation / name | Level | Type | Context / topic | Timestamp | |---|---|---|---| | ADA | Federal | Law | Counsel described Daryl Beard suit as involving disability-accommodation/additional-leave issues | 15:09 | | Resolution 24-10 | County | Resolution | Rezoning 7212 Methodist Church Road from agricultural to C-1 commercial | 9:18 | | Resolution 24-8 | County | Resolution | Authorization for mayor to sign TDOT drainage project proposal | 45:50 | | Resolution 24-9 | County | Resolution | Amendment to county zoning resolution on mobile home parks and nonconforming uses | 47:02 | | Hickman County zoning resolution | County | Resolution | Development standards for mobile home parks and treatment of nonconforming uses | 47:02 | | Resolution 24-11 | County | Resolution | Local sales-tax revenue cleanup and repeal of older earmark | 50:38 | | Resolution 03-49 | County | Resolution | Older sales-tax resolution tied to the jail; repealed so funds can be used under current budget direction | 51:35 |