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Council takes no action on quarry suit

Friday, November 9, 2012

Following a nearly two-hour attorney-client meeting, Shelbyville's city council took no action over an ongoing lawsuit concerning a rock quarry.

Last week, the city lost a state appellate ruling in the matter dealing with the efforts of Wright Paving Co. Inc., and Custom Stone LLC to have a quarry placed on L. Fisher Road, which has been the topic of lawsuits since 2005.

Judge's order

The city was ordered to reverse a Board of Zoning Appeals decision and consider the company's 2004 application for the quarry, as well as paying legal costs to the Wrights.

The company is suing the city in federal court for $10 million, as well as its Board of Zoning Appeals, planning commission, and former codes and planning director, Ed Dodson. The federal suit is now nearly two years old.

City manager Jay Johnson told the T-G that a second special called executive session would be held at some point before the council's December meeting, when action may be taken on the suit.

The city has 60 days in which to make an appeal to the Tennessee Supreme Court in the case.

Accusation

Shelbyville, the BZA and planning commission are accused of violating due process, inverse condemnation, unconstitutional taking, negligence and creating an unconstitutional "floating" zone.

The federal case had been on hold until matters involving the same case in state court were resolved.

Stormwater work

The council voted to enter into an agreement with the firm Neel-Shaffer to make updates and revisions to Shelbyville's stormwater management manual to bring it into compliance with the MS4 permit, which is a federal EPA mandate.

The city will spend $25,000 from this year's stormwater budget, and the rest of the balance would then be budgeted for the next fiscal year.

One of the requirements within the new MS4 permit will be a complete inspection of all stormwater infrastructures in the city such as culverts, catch basins, bridges and other locations related to drainage.

The process has been put off for a number of years due to a tight city budget, but Shelbyville must be up to date with the permitting by this time next year to avoid fines.

Other business

The council approved declaring the intersection of Whitthorne Street and Celebration Drive as a permanent four-way stop, and authorized public work director Mark Clanton to install the appropriate signs.

A second reading was passed dealing with an ordinance amending the city's personnel policies and procedures.

Passed on first reading was an ordinance to rezone 206 Anthony Lane from R-4 (high density residential) to C-2 (commercial/highway service district).

Also approved on first reading were changes to the city official purchasing policy, replacing a manual that has not been changed in 18 years. One change would allow Shelbyville to make purchases valued at $7,500 or less without having to get approval from the city council.

Mayor Wallace Cartwright also appointed Jim Warren to the Shelbyville planning commission, taking the slot of Morton Renegar, who said he had "served his time." Commission members Allen Pitner and Warren Landers were also reappointed.

Expenditures

A resolution was approved to have the University of Tennessee Municipal Technical Advisory Service to make an annual update of the city's municipal code at a cost of $1,500.

Authorization was given to spend $12,866 for the purchase of LGC Nextgen-general ledger software and a server for the finance department.

Bids were accepted for valves for the city's indoor swimming pool at a cost of $4,281 from AC Value & Control of Knoxville, a storage building for the Shelbyville police department costing $15,000 from Hooper Fence Company of Murfreesboro and a storage shed for the public works department was purchased from Discount Metal and Roofing of Shelbyville for $11,043.05