Boards and Meetings

Latest Minutes

April 18, 2013

The Forest Hills Board of Commissioners (herein also the “Board”) held its regular meeting on April 18, 2013 at the City’s Offices, 6300 Hillsboro Pike, Nashville, Tennessee, beginning at 5:00 p.m. with Mayor Coke presiding. Also present were Commissioner Hyde, Vice Mayor Lovell, Matt Foster, City Attorney and Al Deck, City Manager. Others present are shown on the attached sign-in sheet. A copy of the Agenda is also attached to these minutes.

Approval of the Minutes: Upon motion by Vice Mayor Lovell, which was

seconded by Commissioner Hyde, the Members unanimously voted to approve the Minutes of the March 21, 2013 meeting.

2. Members Discussion of Contracting for General Maintenance Items: Vice Mayor Lovell began by asking about the history of issuing long term contracts for General Maintenance & Drainage Repairs. The City Manager responded the process was in place when he was hired over 7 years ago. Sessions Paving & Sealing had served in that capacity for many years. Neel-Schaffer Engineering developed the line-item bid form and with modifications has been used since that time. The Manager displayed a copy of the line items and also displayed a copy of an actual work order issued based on the same schedule. The City advertises for bids under the General Services Contract and bidders provide their prices for the various individual items. The Engineering staff recommends a contractor, based on the lowest average bid and the staff’s knowledge and experience with the contractors. Following the explanation the Members addressed questions to the staff and agreed to continue the procedure, with the stipulation that any Work Order with a value of $25,000 be circulated to the Members by email.

3. Report from the City Manager, Al Deck.

(a) Public Hearing on the proposed 2013-2014 Budget. Mayor Coke called the public hearing to order and called for questions or comments from the public. The Public Hearing was closed without comment.

(b) Second and Final Reading of Ordinance No. 2013-208, Adoption of the 2013-2014 Budget. Commissioner Hyde offered a motion to approve the 2013-2014 budget and Vice Mayor Lovell seconded. The Members unanimously voted to approve Ordinance No 2013-208 on second and final reading.

(c) Approval of the Financial Statements for March 2013: Motion was made by Commissioner Hyde to approve the Financial Statements. Vice Mayor Lovell seconded the motion and the March Statements were accepted.

4. Report from the City Attorney, Matt Foster:

(a) Resolution 2012-2, Memorandum of Understanding with the Metropolitan Government of Nashville Davidson County. The City Attorney answered questions regarding specific items in the agreement, such as building codes, inspections, and court. Following a short discussion the Resolution was unanimously adopted on a motion by Commissioner Hyde, which was seconded by the Vice Mayor.

(b) Discuss Upgrade of Building Code: Mr. Foster answered questions about the need to adopt a newer version of the International Build Code. The topic was first discussed following a visit by representatives from Insurance Services Office (ISO), approximately two years ago. Following that visit the City revised its plans review and inspection process for all construction projects. However, since that time the City has remained under the 2003 version of the International Building Code, while ISO has implemented the 2012 version. The City must implement a version of the Code which is within 7 years of the version adopted by the State. The Members questioned Mr. Foster and also Mr. Bill Burdette (City’s Building Inspector) about the advantages or disadvantages of adopting the 2012 version. Mr. Foster explained that items within the code, which are not acceptable to the Board, may be excluded from the 2012 version. He cited the requirement of sprinkler systems for new construction or large additions as an example of an excluded item. The discussion concluded with agreement to begin reviewing the 2012 International Building Code.

(c) Administrative Hearing Officer: Since the Board adopted the Memorandum of Understanding with Metro; Mr. Foster suggested the Board now adopt the Administrative Hearing Officer provision as approved by the State. This process will provide an opportunity for the City to enforce its Ordinances, without requiring residents to appear in court. The process will be much less expensive and time consuming for affected residents. Vice Mayor Lovell offered a motion to adopt, which was seconded by Commissioner Hyde and the motion was unanimously approved.

(d) Appointment of a City Judge: Mr. Foster suggested that with the Memorandum of Understanding in place, the Members may consider appointment of a Judge and creation of the long awaited City Court. He explained that the term of Judge David McMackin expired and will require a new appointment and suggested the Members add this item to May agenda. The Members were in agreement.

(e) Landscape Contract held by the Parke Company & the Watering Contract held by TurfCare Landscapes: The City Attorney informed the members that the watering contract (which was held by TurfCare Landscapes) has expired. He suggested that the Watering Contract be added to the Parke Company’s Landscape Contract, which will expire soon and will also require rebidding. The Members agreed to consolidate the two contracts, until the expiration of the Parke Company’s Contract.

(f) Chipper Contract: Mr. Foster also reminded the Members that the Chipper Contract will expire in September. The contract was initially established for two years, with a provision for two, two-year extensions. The Chipper Service Contract will require advertisement and an open bid at that time.

5. Report from the City Engineer Brad Bivens:

(a) Update on the Paving Contract: Mr. Bivens reported that Andover Drive and the Speed Humps on Otter Creek Drive will be completed next week.

(b) Piedmont Gas Line Update: Mr. Bivens discussed Piedmont’s progress on meeting the BZA’s requirements. He stated that the Land Disturbance Permit should not be issued since the performance bond has not been negotiated (as required in the Special BZA meeting of March 28) and consequently is not in place. He suggested the permit be withheld until the appropriate bond is delivered to the City Manager.

The City Manager stated that Piedmont has requested a permit for cutting and boring the affected streets along the path. Piedmont has already delivered the bond and the Manager requested verification that the street Cut Permit can be issued. Mr. Bivens agreed, since this work is not included in the land disturbance area and the activity is restricted to the City’s right-of-way that the street cuts could go forward.

Public Comments:

Ms. Gretchen Howell, representing the Percy Priest PTA provided an update on the proposed improvements to the playground and the requested funding of $50,000 by the City of Forest Hills. The Members expressed their objections to installing lights on the school property. Their objection was based on the fact that the lighting will trespass onto neighboring properties.

Ms. Howell discussed the proposed lighting plan with the Members and stated the plan has been revised to include only one street light in the rear parking area, plus motion sensitive security lights on the playground. She will continue to update the Members.

There being no further matters to be discussed and no further business to come before the Board, the meeting was adjourned, upon motion by Vice Mayor Lovell, which was seconded by Commissioner Hyde.

Latest Minutes

April 19, 2013

The Forest Hills Board of Zoning Appeals (herein also the “Board”) held its regular monthly meeting on April 19, 2013 at the City’s Offices, 6300 Hillsboro Pike, Nashville, Tennessee, beginning at 8:00 a.m. Chairperson Janie Rowland presided. Also present were Mrs. Alison Douglas, Mr. Mark Banks, City Manager Al Deck, and City Assistant Cynthia Despot. Others present are shown on the attached sign-in sheet. A copy of the Agenda is also attached to these minutes.

Approval of the minutes from March 15, 2013: Mr. Banks offered a motion to approve the minutes. The motion was seconded by Mrs. Douglas, and the minutes from March 15, 2013 were unanimously approved.

2. Letters of Credit: none

3.  Mr. Tony Cline of Botsco Builders represented the owners of 2201 Harding Place in their request for a variance to build a tennis court (an accessory uses) in their secondary front yard, rather than the rear yard as required in the City of Forest Hills Zoning Ordinance. The applicant previously received a variance for a different location but has determined the current request will be less intrusive for neighbors. The presentation focused on the heavily treed area and how additional landscape materials will provide additional screening for neighbors and will also offer sound damping from use of the court.

A representative of the Northumberland Home Owners Association spoke and addressed the hours of use and possible disturbance of the Northumberland residents. She continued by explaining the H.O.A. places restrictions on of use of the Northumberland tennis courts and asked for restriction on the applicant.

Following the discussion Mr. Banks offered a motion to approve the request, conditioned on the following items: the owners of 2201 Harding Place will comply with the restrictions of Northumberland H.O.A. regarding use of the court, and secondly the applicant agrees that the previous variance granted September 21, 2012 for location of a tennis court on the southeast corner is hereby withdrawn and invalid. Mrs. Douglas seconded the motion and the Members unanimously voted to approve the variance for the new location.

4. Mr. & Mrs. Chase Myers, owners of the home located at 3910 Wayland Drive, previously planned to demolish the existing house and build a new structure. The plan required side yard setback variances of 19 feet on the west and 14 feet on the east side of the property. The Myers now proposed to flip the house plan and with other revisions their variance request has been reduced to 12 feet 2 inches on each side and no other variance is required. With the revision, the new house will encroach less into the setbacks than the existing house.

Ms. Baker spoke as the next door neighbor and said the revision was much better and she is agreeable with the new plan. Following the discussion Mr. Banks made a motion to approve, conditioned on the Myers adding more hardwood plantings to the landscape plan, and the City Arborist must review and approve the revised plan. Chairperson Rowland seconded the motion and the Members unanimously voted to approve the request for both side yard setbacks.

5. Mr. Bruce Mott represented Mrs. Jennifer Gendron, in a request for a variance for the addition of a covered porch, which will increase the footprint of the home by 916 square feet. The house is located on a lot with an elevation of approximately 808 feet. In accordance with the City of Forest Hills Zoning Ordinance any construction or land disturbance requiring a permit, in an area above the 700 foot elevation, must seek a variance from the Board of Zoning Appeals.

Following the presentation Mr. Banks offered a motion to approve the variance, which was seconded by Chairperson Janie Rowland, and the Members unanimously voted to approve the request.

6. Mr. Robert Bomar of Nature Impressions represented Mr. and Mrs. William Neiman of 5816 Beauregard, in a request for a pool and retaining wall. The property elevation is 830 feet, which exceeds the 700 foot elevation stated in the Forest Hills Zoning Ordinance, thereby requiring a variance.

Mr. Bomar presented his plan; however, the Members determined the presentation was not complete, since it did not include a landscape plan. The pool will need to be landscaped to soften the view of the neighbors. Mr. Bomar requested a deferral and asked to be added to the May 17, 2013 agenda.

7. Mrs. Julia Littlejohn Champion of 1309 Tyne Boulevard requested a variance to exceed the allowed 18% impervious surface ratio by 2.2%. The primary intent of the driveway project is to add a second driveway entrance, in order to better negotiate the Tyne Blvd. traffic. The Members discussed the proposal, the landscape plan, the drainage directed toward the next door neighbor, and called for public comment.

Two neighbors attended and spoke on Mrs. Champion behalf, both having reviewed the plan during the design phase. Chairperson Rowland made a motion to approve the request as presented. Mr. Banks seconded and the motion was approved.

There being no further matters before the Board, the meeting was adjourned.

Latest Minutes

November 17, 2011

The Forest Hills Planning Commission (herein also the “Board”) held its regular monthly meeting on November 17, 2011 at the City of Forest Hills, Nashville, Tennessee, beginning at 6:00 p.m. Chairman Warner Bass, presided. Also present were Mr. Winston Evans, Mr. James Gardner, Mr. David Waller, Mrs. Carroll Kimball, Mayor Coke, Commissioner Hyde, and Vice Mayor Lovell. Others present are shown on the attached sign-in sheet. A copy of the Agenda is also attached to these minutes.

1. Approval of the minutes: Minutes from July 17, 2011 were deferred

2. Letters of Credit: No active letters of credit for subdivisions

3. Final review and recommendation of the Revisions to the Zoning Ordinance.

Having achieved agreement on virtually every other aspect of the revisions, the Members limited the evening’s discussion to coverage ratio and steep slopes. Following the discussion Mr. Winston Evans offered a motion to adopt Option #4. The motion was seconded by Mr. Jim Gardner. The motion failed with a vote of 2 yes and 7 no.

A second motion was offered by Mr. Winston Evans, which was seconded by Commissioner Hyde, to adopt slope restrictions of twenty (20) percent and establish the Hillside Protection at an elevation of 800 feet. The Members unanimously voted to approve the motion.

There being no further matters to be discussed and no further business to come before the Board, the meeting was adjourned.