LYNCHBURG, Tenn. — The Metro Moore County Council will meet tonight (Monday, September 21) at the American Legion Building with a full agenda, and the items that stands out will be the appointment of a Moore County School Board first district seat as well as a discussion of how to proceed in the Gateway Development Corporation’s lawsuit against Metro Moore County, Metro Planning and Zoning Commission.

FIRST DISTRICT SEAT

The council will appoint a new member to the 1st District seat on the Moore County School Board, which was vacated earlier this year. Council Chairperson Amy Cashion explained the nomination process at the August 17 meeting, saying anyone interested could contact a council member, the mayor’s office or the director of schools’ office. To be officially nominated and considered, candidates must either be present at tonight’s meeting or submit a written statement saying they are willing to serve.

Council members will vote on nominees, and Mayor Sloan Stewart told the council in August that an appointment requires eight votes. If more than one candidate is nominated and none reaches eight, the candidate with the fewest votes drops out and the council votes again, repeating until one nominee has at least eight votes. All votes will happen by vocal roll call.

THE PATH FORWARD ON THE GATEWAY LAWSUIT

The Council will also discuss how to move forward in the Gateway lawsuit. Gateway submitted a Verified Petition for Certiorari in Moore County Chancery Court on July 30.

Tonight, the Metro Council will decide whether to defend a lawsuit filed by Gateway Development Corporation over the Planning Commission’s rejection of its Main Street townhome project, or to consent to the relief Gateway is seeking. That relief is preliminary site plan approval. The case, Gateway Development Corporation v. Metropolitan Lynchburg, Moore County Planning and Zoning Commission and the Metropolitan Government, is pending in Moore County Chancery Court (No. 3347). Gateway is asking the court to reverse the commission’s decision and order approval or, alternatively, to send the matter back to the commission. The petition does not seek damages.

Gateway’s plan calls for 42 townhome units on about 5.13 acres. According to the petition, the commission’s June 2 vote on a motion to approve failed 3-1, with one abstention. Bobby Carroll voted in favor of the approval. Chair Dexter Golden, Jim Crawford, and Scott Fruehauf voted against the approval. Member Jeff Ross abstained from the vote. Gateway argues the commission misapplied the zoning ordinance by using a density formula meant for subdivided lots rather than the rules for group housing projects, under which it says the site supports up to 42 units. It also says the record contained no traffic study or staff report supporting the denial. It further claims that a “doubled” density table the commission relied on was never sealed by the County Clerk and was not discussed at the council meetings where it was supposedly adopted. These are Gateway’s allegations, and the county has not yet responded in court, as far as the packet shows.

County Attorney Bill Rieder briefed council members on the suit at their August 17 meeting and he and members held a closed meeting on August 31 to discuss Metro’s options.

REZONING REQUESTS

The council will hold a public hearing at 6:20 p.m. on a request to rezone 9.4 acres (Tax Map 037, Parcel 037.00) from A-1 (agriculture-forestry) to R-2 (residential-rural center), then take up the request on second reading during the regular meeting. The council approved it on first reading 8-5 on August 17. The request comes from the proposed development of the Sparks property along Tanyard Hill Road, represented by surveyor Nick Northcutt on behalf of Joe Denby. Northcutt told the council that Denby had scaled the request back to the road-frontage lots and would leave about 13 acres in agricultural zoning.

The Council will also vote on two new rezoning requests. The first covers a 1.00-acre parcel at 30 Arbor Lane (Tax Map 004, Parcel 007.00), owned by Michael Williamson on Powell Hollow Road, from C-1 (commercial-highway) to R-2. The second covers a 3.75-acre parcel at 969 Preston Ridge Road (Tax Map 046, Parcel 030.00), owned by Jeffery D. Bowen, from A-1 to R-2. Bowen’s survey divides it into two lots of about 1.04 and 2.71 acres. Both requests were filed Aug. 18, according to the county’s August permit report. A second reading and public hearing would come at a later meeting, presumably in October.

OTHER AGENDA ITEMS

The council will elect a chair and chair pro-tem, since the membership changed September 1, and fill several board seats. Brady Goodwin is up for the Board of Zoning Appeals. Brenda Hannah, Jacob Byrom, Alice B. Pleming and Tony Binion are up for the Historic Zoning Board. Larry Moorehead, Gordon Millsaps, Larry Hatfield, Cindy Crigler and Shane Taylor are listed for the Solid Waste Board.

Dexter Golden is the only person signed up for public comment.

The council will also consider adopting two new state laws. Public Chapter 599 requires county legislative bodies to adopt local rules of procedure by majority vote within 90 days of a new body convening and makes Robert’s Rules the default for anything those rules don’t cover. Public Chapter 620 requires local governing bodies, including metropolitan governments, to allow public comment on matters within their jurisdiction, not only items on the agenda.

The Chamber of Commerce is asking the council to approve square closures for two events. For the Jack Daniel World Invitational BBQ, the square would close around 3:30 p.m. Friday, Oct. 9, ahead of a 4:30 p.m. Parade of Teams, with vendors loading in at 5:30 p.m. on three sides (Short, Hiles and Main streets). It would stay closed until about 5 p.m. Saturday, or until Sheriff Tyler Hatfield deems it safe. Mechanic Street would stay open for buses. For Halloween in the Hollow on Saturday, Oct. 31, the Chamber wants the square closed starting at 3:30 p.m. and says the event has been growing. The council’s packet also includes a request from Moore County Schools for a five-year lease on four copiers at Moore County High School and Lynchburg Elementary at $70.35 per machine per month plus $0.0030 per copy. Director Chad Moorehead’s letter says the state-contract terms are about 50 percent less than the current contract, which was bid in 2021, and that council approval is needed because the lease spans multiple fiscal years.

All of tonight’s decision will happen with a new Metro Council make up with Brady Goodwin, Jason Estfon, Payton Keller, John Oosting, Brandon Ross, and Regina Adcock attending their first official meeting following the August election results.

The meeting takes place at 6:30 p.m. with a public hearing regarding the Tanyard Hill rezoning happening at 6:20 p.m. •

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