[Andy Fox]

Madam Chair

Please add the following items to Non Consent:
33. R-25-7-501
34. R-25-7-502
40. R-25-7-606

Thank you!

[Andy Fox]

I agree with Commissioner Jackson’s rationale. I think that this concern for speaking as the Chair can simply be alleviated by the Chair saying, “I’m speaking in my personal capacity”, or “I’m speaking as a commissioner and not as Chair.” Otherwise, this ordinance creates a trap for the unwary. How many votes has the Knox County Commission taken over the years? The Chair would be responsible for knowing each vote, and then knowing whether the opinion being expressed was a 1 for 1 difference from a commission vote. What if the difference between the commission vote and the Chair’s opinion was not substantial in the chair’s mind, but another commissioner brings the speaking engagement to the commission at large and makes an issue of it? This would result in a chilling of speech exactly as Commissioner Jackson predicts.

Andy Fox

[Andy Fox]

Commissioner Frazier,

I haven’t had sufficient time to do so. We had an accelerated schedule this month. If everyone will agree to postpone the question, I will be pleased to speak further to the staff and department heads. In the meantime, I will be making a brief presentation during public forum.

[Andy Fox]

I don’t think anyone disputes that there is a homeless population. The existence of a homeless population does not warrant, ipso facto, the application of tax dollars to address the issue. I believe this is the province of churches and charity, not government.

[Andy Fox]

Commissioner Jackson

The forum won’t allow for uploads. I encourage you to review this webpage, which serves as a basis for my presentation:
https://www.cbo.gov/publication/60419

In short in FY 2023 the US govt. had $4.441 T in revenue. Given the outlays of SocSec, Major Health, Fed retirement benefits, debt service, and Defense spending, the US govt. was $20 B in the red. All spending after those items is borrowed money.

Also, I will be relying on http://www.usdebtclock.org, if time allows.

[Andy Fox]

Madam Chair

I withdraw my previous intent to place Item 27 on the non consent calendar. From my perspective, it can be restored to the consent calendar

Thank you.

[Andy Fox]

Commissioner Russell

With whom did you speak about Item 45?

Thanks!

[Andy Fox]

Commissioner Russell

I appreciate your interest in more information on items 15-19. For each of these items, if you go to the online agenda you can click through to the proposed resolutions and backup documents. The proposed resolutions contain detailed proposed findings that relate to each project. When I drafted these, I identified every planning commission case so that the commissioners could easily identify each previous rezoning. Also, on the Commissioner Forum thread started by Commissioner Frazier, entitled “Preliminary Zoning Agenda – Request for Information”, there is additional information to review.

[Andy Fox]

Yes, I spoke with Ben Mullins today, who is listed on the application as the representative of the owner, Schubert Family Limited Partnership.

[Andy Fox]

Yes, this is also a Thunder Mountain project, which is represented by Taylor Forrester.

[Andy Fox]

Yes I did meet with Taylor Forrester today, who represents Thunder Mountain.

[Andy Fox]

Commissioner Frazier

I met with a representative for DR Horton today and a representative for Thunder Mountain today. These meetings covered the representatives for all the parcels I proposed to bring up for rezoning.

I did not file a resolution for proposing to rezone 7-W-24-RZ. I also did not propose to rezone parcel 138 274, which is the Legacy Parks Foundation land. There are two separate rezoning resolutions for 8744 Chapman Highway, however, which is parcel 138 104, because this is how the August 2024 zonings were obtained. The previous rezonings are identified as 1-L-24-RZ and 1-K-24-RZ, as I read the backup documents. The Bower Field portion of 8744 Chapman Hwy. falls under 1-L-24-RZ.

Each parcel that I proposed to be brought up for rezoning is involved in a lawsuit. I refer to these by their common address as well:
*2814 Tipton Station Rd., parcel 148 049, Knox County Circuit Court Docket No. 3-247-24
*8802 Sevierville Pike, parcel 138 270, Knox County Circuit Court Docket No. 1-219-22,
*8744 Chapman Hwy., parcel 138 104, Knox County Circuit Court Docket No. 2-247-24

*Item 15, 2814 Tipton Station
Thank you very much for the back story context regarding 2814 Tipton Station Rd., parcel 148 049. Here is some additional history:

This parcel was part of what was known as Goddard farm, if you go back to the 1950s. In 1955, the Goddards sold this parcel to a company then known as Atlas Powder Company. The dynamite that was stored on this location was used in the expansion of Chapman Highway to four lanes, by my understanding. There was also dynamite storage just a few miles north on Magazine Road, which is why it is called “Magazine Road,” this is where magazines for the storage of dynamite were also located. Atlas Powder Company eventually became ICI Americas Inc., and sold the parcel to the Schubert family in 1979 as you note.

If you are interested in seeing evidence of the dynamite magazines, I suggest you go to the KGIS website and look at some of the historical aerial photographs for this parcel. They first appear in the 1959 aerial.

TDEC expects the request for additional information to be provided by November 5. I have a letter from Dr. Christina R McNaughton, East Tennessee Regional Manager for TDEC Division of Remediation. I was informed by the DR Horton representative I met with that a phase I study was conducted and nothing was found. Dr. McNaughton advises that a phase I investigation should have revealed munitions, i.e. dynamite, were located on this parcel. I think we need to have a better understanding about what a phase I investigation is. After reading Dr. McNaughton’s letter, my perception of a phase I investigation is that it should disclose whether there is anything of concern, which would lead to further investigation. I will forward this letter to Dru so that she can post it as information for item 15, which is now characterized as 24-10-1-RZ.

[Andy Fox]

You’re welcome!

[Andy Fox]

Commissioner Frazier

I wasn’t specific enough in my citation of the provision allowing rezonings to be initiated by the Commission. The provision is not found in the Charter, it’s found in the zoning ordinances of the Knox County Code, Appendix A:
https://library.municode.com/tn/knox_county/codes/code_of_ordinances?nodeId=PTIICO_APXAZO_ART6ADENIN

[Andy Fox]

You requested a state statute. I am relying on what appears to be a longstanding provision in the charter that allows the Commission to apply for a rezoning: Art. 6, Sec. 6.30. In Agenda Item 15, the 2002 case file summary for 4-M-02-RZ, which was uploaded, reveals that the Commission was the applicant and initiated that rezoning.

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