June 4, 2007                                        10:00 a.m.                                Massie Chambers

 

Present: Johnny Childers, James Haage, Gary Manning, Jim Thomas, Jack Tompkins

 

Also Present: Bill Brasier, Amy Murray

 

The meeting was called to order and Gary Manning agreed to act as temporary chairman pending election of a chairman.

 

Gary Manning suggested, due to his role as a City Commissioner, one of the other members should serve as Chairman of the Board and the other as Vice Chairman of the Board.   He feels it would be best if he was serving in a secondary status.

 

Jim Thomas suggested Jack Tompkins review the City’s Stormwater Ordinance (Ordinance 04-651) and Sewer Use Regulations (complete copies were distributed to all parties present) in order to provide the Board members with an understanding and background of why the Goodlettsville Hearing Authority has been assembled.  It was agreed by all that Items 3 and 4 would be heard before a vote for chairman was called.

 

Item #3. Discussion of the Goodlettsville Sewer Use Regulations. 

 

Jack Tompkins provided an overview of the Goodlettsville Sewer Use Regulations as mentioned above. Jack Tompkins stated the Board was originally created under the Sewer Use Regulations, Chapter 2, as an outcropping of the 1974 Clean Water Act which was created to clean up streams and part of that was the construction and protection of waste water treatment plants.  The City of Goodlettsville’s wastewater goes to Metro’s Dry Creek waste water treatment plant. Industries have a permit which allows the discharge of waste water into the sewer system. There is a specific set of criteria which needs to be followed. Sampling is done on a regular basis to ensure compliance. If there is a violation, the business is notified of such violation and enforcement action is taken. It can be in the form of a letter, an administrative order or a fine. If action is taken against a company, they have the opportunity to appeal that action. The purpose of the Board is to allow a party we have gone after to give them an opportunity to appeal their case as to why the City should not have taken action against them. We also issue permits to restaurants to regulate grease entering into the sewer system. 

 

Item #4. Discussion of the Stormwater Ordinance. 

 

Jack Tompkins stated the City has adopted a Stormwater Ordinance which includes enforcement actions. A second purpose of this Board is to hear appeals pertaining to the City’s Stormwater Ordinance. The stormwater regulations also stem from the Clean Water Act of 1974 and are EPA mandated. The purpose is to reduce the discharge of pollutants into streams as much as possible. Under the Ordinance, we require that any land disturbing activities of more than one acre obtain a Land Disturbance Permit. The Ordinance prohibits any drainage other than stormwater to enter into a storm drain system. Also, if there’s a special situation the City feels could cause pollution to occur in a stream, a Land Disturbance Permit can be required. The fees for a Land Disturbance Permit are $400 for the first acre and $75 per additional acre. An erosion sediment control plan and a stormwater management plan are required in order to obtain a Land Disturbance Permit. The City’s established that two guidance documents apply: TDEC’s Sediment and Erosion Control Manual and the Tennessee Water Resources Research Manual for Post Construction. The penalties for stormwater violations run from $50 - $5,000 per day. The contractors in Goodlettsville are getting used to these rules and regulations. We have issued violations and have not had an appeal, but there will more than likely be appeals in the future. 

 

Jim Thomas stated the Ordinance that establishes the Authority requires a City Commissioner (Commissioner Gary Manning) to serve, as well as a representative of a large industrial user (James Haage – Tyson), and a member of the community (Johnny Childers – City of Goodlettsville resident). There are consequences that are handed down from the State and Federal regulations to the City of Goodlettsville if these ordinances are not adequately enforced. The City has committed several resources which enable us to have an effective enforcement program. As more developments come into the City, and as we take enforcement action, it’s a matter of time when we’ll have an appeal. 

 

Item #1. Elect Chairman of the Board. 

Following the summary discussion, James Haage agreed to be Chairman of the Board. The vote was unanimous.

 

Item #2. Elect Vice Chairman of the Board. 

Following the conclusion of Item #1, Johnny Childers agreed to be the Vice Chairman of the Board. The vote was unanimous.

 

Item #5. Discussion of the Ethics Law as it relates to Boards. 

Jim Thomas provided a hand-out which outlines the basics of the Ethics Law. The City of Goodlettsville adopted the Ethics Law in February 2007. The City Manager is responsible for presenting the Code of Ethics to the City’s various Boards, Commissions, and employees.  The City’s Code of Ethics is from MTAS’ model Code of Ethics. It was created for every component of government in the State. There are 11 sections of the code. Each section was briefly discussed. 

 

In this case, it applies to members of Boards. If there is a conflict between the State law and the City Charter, the State law prevails. Disclosure of personal interests/conflicts of interest needs to be made. The disclosure is to take place before the exercise of the discretion, whenever possible. Recusal is allowed, not mandated, but only to the extent allowed by law, charter, ordinance or policy. Gifts, money or favors cannot be taken in exchange for your vote for or against a matter. Cannot disclose confidential information as determined by state or federal law. An official or employee cannot use the City’s time, facilities, equipment or supplies for his/her or someone else’s financial gain. Cannot obtain a privilege or exemption not authorized by law or make a private purchase of any type in the name of the City. Outside employment that interferes with his/her City duties or is in conflict with any City charter provisions, ordinances or policies, will not be allowed. The City’s attorney is the City’s ethic officer and is given the responsibility to hear appeals/complaints and can conduct ethics investigations and to render an opinion on such. Board members are punishable as already provided by law and are also subject to public censure by the City Council. 

 

Conduct business in the open, if you have a conflict, disclose it and vote accordingly, don’t take bribes, and don’t misuse City resources. If there’s a question about confidentiality and a situation arises where it’s questioned if it should be made part of a public record or not, it was suggested the City Attorney is made aware of it prior to discussion of the topic. Once the full ethics presentation has been prepared, a copy will be sent to all Board members.

 

If two Board members are unavailable for a meeting, then a meeting will be rescheduled.

 

It was determined to meet at a minimum on a semi-annual basis. The next meeting will occur on Monday, December 10, 2007, at 10:00 a.m. in Massie Chambers. Motion made as the first Monday in December and the first Monday in June at 10:00 a.m. in Massie Chambers (schedules permitting).

 

The meeting was adjourned at 10:55 a.m.

 

Approved this 10th day of December, 2007 by the Goodlettsville Hearing Authority.

 

 

 

James Haage, Chairman     

                                           
Amy Murray, Recording Secretary