Mayor Winfred Shoopman Opened the Public Hearing at Clintoncity Hall at 5:30 P.M

August 20, 2007

PUBLIC HEARING

Mayor Winfred Shoopman opened the public hearing at ClintonCity Hall at 5:30 p.m.

Ordinance # 531 – An Ordinance amending the zoning map of the City of Clinton, Tennessee by zoning newly annexed Roger’s Group, Inc. territory near the Interstate 75 interchange and Highway 61 as B-4 and M-2. Mayor Winfred Shoopman stated that he would like to end this public hearing by 7:30 p.m. Mayor Shoopman requested that each individual who wished to speak limit hisviewpoint to five minutes or less.

Councilman Albert Turner asked why Norris had to give the City of Clinton their approval for this ordinance. City Manager Steve Jones stated this would be more appropriate to discuss during the actual time of voting on the ordinance instead of during the public hearing.

Mayor Shoopman requested any Clinton residents who would like to speak on this ordinance to come forward.

Bonnie Simmons, 494 Mountain Road, is 12 years old and doesn’t want a rock quarry in her quiet residential neighborhood.

Ken Wytiaz, 522 Greenwood Drive, is in favor of the quarry, asphalt, and concrete plant because of the growth that it will bring to the community.

Wendy Wright, 35 Hiway Drive, is in favor of the Roger’s Group opening the quarry.

James Buttram, 108 Lagoon Drive, is in support of the rock quarry, the added jobs, and highway construction it will bring to the community.

Ron Young, 16 Highland Drive, is opposed to the rock quarry due to asthma problems.

Mayor Shoopman opened the hearing to the public.

Rebecca Kaman, attorney for Citizens for Safety & Clean Air, resides at 4512 Everwood Oak Lane in Knoxville, requested more than 2 hours for the public hearing due to the number of people who would like to speak. Ms. Kaman stated if this ordinance is approved there are many issues that would impact the surrounding community that have not been taken into consideration. Ms. Kaman offered the following reasons to deny this ordinance: it will be a violation of the Clinton City Zoning Ordinance; blasting and rock crushing will cause noise pollution that is harmful to the surrounding community; blasting will cause property damage; the asphalt plant will put harsh chemicals into the air; this will constitute illegal spot and contract zoning; and the plans submitted by Roger’s Group do not comply with the master settlement agreement. Documents were presented to Council to be included on record.

John Alley, CountyCommissioner for District 3, lives less than 2 miles from quarry, is against the quarry due to spot zoning and the safety of the children. Mr. Alley left a pamphlet to be included in the record.

Merle Albright, Assistant Principal Anderson County High School and County Commissioner for District 3, resides at 210 Cudwall in Andersonville, is opposed to this zoning because of all the truck traffic and air pollution that it will bring.

Tim Marimer, 116 CCC Camp Road in Norris, is opposed to this ordinance and presented documents to be included for the record.

Dail Cantrell, 103 Fishermans Cove Road in Andersonville, doesn’t want Roger’s Group opening the quarry. He commented on how he knows most of the Council Members. Mr. Cantrell said he hoped that members of Council would rememberwhy they got on City Counciland do the right thing to help the folks.

Gene Burr, Architect and Planning Consultant from Knoxville, is opposed because the zoning proposal doesn’t meet the requirements of the M-2 zone due to the noise, odors, and vibrations generated by the uses proposed.

Paul Wolf, from Norris, is opposed due to the differences in the site locations comparing Oak Ridge and Clinton. Mr. Wolf submitted documents for the record. Councilman Jerry Shattuck asked Mr. Wolf if he had looked at the site plan to see the berms and vegetation. Mr. Wolf stated that he had not.

Tupper Moorehead, a Fransiscan who resides at 30 Ridgeway Court in Norris, is against placing an asphalt plant in this residential community because of the toxic substances released from asphalt processing.

Renee Victoria Hoyos, Executive Director of Tennessee Clean Water Network in Knoxville, is opposed because of the possibility of the mud running off the site into Buffalo Creek. Councilman Jerry Shattuck asked Ms Victoria Hoyos if she had reviewed site plans. Ms. Victoria Hoyos said she had looked at these plans. Mr. Shattuck stated that if the plans were followed this would not be a problem. Ms. Victoria Hoyos is assuming that the site plans won’t be followed because she says that is the general practice.

Patricia Warren, 738 Bethel Road, is opposed because she believes that her property, which is 100 feet from the Roger’s property, will be damaged and the property value will be reduced. Ms. Warren submitted a letter and zoning map for the record.

Beth Fielden, 261 Crosspike Road, is opposed commenting that this will cause a negative impact on tourism due to the noise and odor from the blasting.

Mike Beeler, 227 Reservoir Road in Andersonville, a dentist whose office is on Bethel Road, is against this because he works on delicate tissue and is on the same rock plan as the Roger’s Group.

Steve Turpin, 215 Buffalo Road, is opposed due to the impact that this will have on his property value and on Buffalo Creek.

Elaine Meyer, a citizen of Bethel, representing the Appalachian Museum, is opposed because she feels that the rock quarry and asphalt plant have no real purpose for this area. Ms. Meyer stated that if the asphalt plant and rock quarry open, the Museum of Appalachia and Bethel community will be greatly compromised.

Charles Goins, 748 Bethel Road, is against the rock quarry because his wife is bipolar and has asthma. Mr. Goins stated that he is a child of God and there are 5 things that won’t be in heaven, sin, City Council, rock quarry, asphalt plant, and Toyotas.

Martha Hamner, 1203 Mountain Road, who owns a Christmas tree farm and bed and breakfast, is against this because she feels that her quiet peaceful home will be disrupted by noise from the blasting.

Hannah Weaver, a 17 year old senior at AndersonCountyHigh School, is opposed due to concerns about the air quality and traffic. Ms. Weaver submitted a petition with 159 signatures of students who have the same concerns.

Loy Johnson, Alred & Johnson Real Estate in Norris, doesn’t want this because of the negative impact on the area. Ms. Johnson sang a song about Buffalo Creek.

Irma Pike, 356 Cross Pike Road, begged City Council to reconsider approving this ordinance. Ms. Pike was here years ago when the interstate was being built and Vulcan took over, and she saw how things were destroyed.

Elizabeth Jernigan, a Norris resident, is opposed to the quarry because she believes that it will only be a short-term gain.

Ronald Taylor, 335 Ridgeview, doesn’t want this quarry opening. Mr. Taylor stated that Council needs to do something to benefit the AndersonCounty children.

Phyllis Helton, 59 Dogwood Road in Norris, read from the bible about loving your neighbor.

Dorris Dunn, a Norris resident, is against Roger’s Group because of her concerns of safety and the possibility of accidents happening.

Suzy Scruggs lives directly across the road from Roger’s Group. Ms. Scruggs wants to preserve the land they live on, and she feels the quarry will ruin it.

Robin Jones, 186 Fox Glen, is concerned about the air quality and opposes the asphalt plant. Councilman Charles Lyons asked Ms. Jones if she knew whether current data shows the non-attainment going up or down. Ms. Jones stated that we may be losing the non-attainment for ozone, but the non-attainment for particulates is projected to last until 2010.

Mayor Winfred Shoopmancalled a break at 7:34 p.m.

Mayor Shoopman stated that some people had been caught stealing signs behind the building and noted that those caught will face consequences.

Mayor Shoopman reconvened the public hearing at 7:44 p.m. and requested those with opposing-side views to speak at this time.

Dave Rechter, Manager of Roger’s Group in East Tennessee, stated that they would follow all federal, state, and local requirements, be a good neighbor, and a good community citizen just like they have in the past 60 years that they have been in Oak Ridge. Mr. Rechter commented on the following issues: truck traffic going through the city would be reduced due to the new location; property values around their Oak Ridge location have greatly increased; and UT Arboretum which does forestry research surrounds the Oak Ridge site. Councilman Charles Lyons commented that when the quarry was open before there was also an asphalt plant. Councilman Albert Turner asked Mr. Rechter if Roger’s Group is allowed to operate if there would be blasting. Mr. Rechter said yes. Councilman David Worthington questioned whether Mr. Rechter anticipated this site to look anything like the Rinker site. Mr. Rechter stated that the quarry will be below grade and difficult to see.

Harold Cannon, with Cannon & Cannon, made the following comments on what the master settlement agreement states: Roger’s Group will make every effort to secure a traffic signal at the entrance on Highway 61; the berms will be no steeper than a 30° angle; and this will be a self-contained construction zone which will diminish the run-off into Buffalo Creek. Councilman Jerry Shattuck questioned whether the berms were for visual obstruction or water retention. Mr. Cannon said the berms were actually for both.

Matt Pilzis employed by Vibra-Tech Engineers, a national firm that specializes in acoustics and vibrations. Mr. Pilz said the state and national criteria for the safe level of vibrations produced from blasting is 2” per second. In the master settlement, Roger’s Group has agreed to a vibration limit of ½” per second. Councilman David Worthington commented on Roger’s self-imposing the ½” per second.

Vann Medlock, Environmental Manager with Roger’s Group, stated that Roger’s Group operates all plants as a conditional major, restricting itself to 100 tons ofparticulate matter per year. Mr. Medlock also said that Roger’s has never been cited for odor or cited for anything related to an asphalt plant that would cause harm or directly affect the public. Councilman David Worthington questioned the turn-around if an EPA complaint is filed. Mr. Medlock answered saying 4-5 days from the time the complaint is received. Mayor Winfred Shoopman questioned the concern of air particulates. Mr. Medlock answered saying a bag house is equipped with a 99½%efficiency of recovering dust and the ½% has to go through the bag.

Councilman Jerry Shattuck questioned how the hot-mix asphalt paving will be manufactured. Dave Rechter answered Mr. Shattuck saying that this has not been decided. Mr. Rechter stated that there are different ways to mix the different kinds of materials.

Councilman Albert Turner questionedif diesel fuel is still used in production or to wet the trucks down so the asphalt will come out easier. Mr. Medlock stated that diesel is still used in production, but a kind of soap is used to get the asphalt to come out of the truck. Councilman Charles Lyons questioned whether there were any controls on the transportation of the asphalt regarding the odor. Mr. Medlock said unfortunately there is an odor, but once it sets up the odor is gone. The asphalt should be tarped while being transported.

Councilman Albert Turner asked what kind of material is used for the blasting. Frank Sames, resident of Nolensville and a registered blaster in the state of Tennessee, is employed by Austin Power Company and has been contracted by Roger’s to perform blasting. Mr. Sames answered saying mostly ammonium-nitrate based explosives are used; one pound of explosives produces two tons of rock. Councilman David Worthingtonquestioned at what distance a blast would be felt. Mr. Sames commented that they have a vibration limit and use a scale distance approach. The scale distance factor in the state of Tennessee is 50. Using this with a formula, the vibration level would be controlled.

Dave Rechter informed Council that no blasting materials will ever be left overnight on this site. Mr. Rechter said they would like to prove themselves to our fair city like they have been able to do in Oak Ridge. Councilman Albert Turner asked if they crushed the screen dry or wet. Mr. Rechter said they do both.

Mr. Miller came forward and asked what size plant will be put there in the way of tons per hour. Mr. Rechter responded by saying the asphalt plant will be rated at about 200 tons per hour, aggregate will be washed, and ponds do have to be cleaned out to make sure that water samples are clean.

Rebecca Kaman still questioned the hydrogeology of the area, the air issue, and the discrepancy with the zoning ordinance. Ms. Kaman told Council that the will of the community is to deny this ordinance.

Charlotte Dunning, resides at 630 Redhill Road in Andersonville, a member of BethelBaptistChurch, is concerned about the blasting damaging the headstones and the church structure.

Mayor Winfred Shoopman closed the public hearing at 8:43 p.m.

REGULAR CITY COUNCIL- MINUTES

Mayor Winfred Shoopmancalled the regular Clinton City Council meeting to order on August 20, 2007, at ClintonCity Hall at 8:43 pm.Councilman Charles Lyons, Councilman Harry Patton, Councilman Jerry Shattuck, Councilman Albert Turner, Councilman David Worthington, and Councilman Clay Wright wereall present for the meeting.

Guest and Staff present:

Wendy WrightDarrell TaylorVan Medlock

John PayneKen WytiazDavid Rechter

Gary SeepeJennifer JenksMatt Pilz

Mark StephensRon YoungJack Lovely

Dennis McGrawBill WeaverFrank Sames

Harold WhitedEarl CarmichaelVickie Fagan

Lee SmithHarold KellyAaron Cannon

Steve JonesBrad SalsburyBarry Hutchins

Ronny ButtrumBonnie SimmonsJames Buttrum

Rebecca KamanJohn AlleyMerle Albright

Tim MarimerDail CantrellGene Burr

Paul WolfTupper MooreheadRenee Victoria Hoyos

Patricia WarrenBeth FieldenMike Beeler

Steve TurpinElaine MeyerCharles Goins

Martha HamnerHannah WeaverLoy Johnson

Irma PikeElizabeth JerniganRonald Taylor

Phyllis HeltonDorris DunnSuzy Scruggs

Robin JonesHarold CannonCharlotte Dunning

Mayor Winfred Shoopman requested to move up on the agenda the items for 2nd reading. Councilman Charles Lyons made a motion to move up on the agenda Ordinances #529, #530, and #531. Councilman David Worthington seconded the motion. The motion was moved to carry with Councilman Albert Turner voting no.

Mayor Winfred Shoopmanled the meeting in prayer. Councilman Clay Wright led the pledge of allegiance.

Councilman Jerry Shattuck made the motion to approve the Beer Board minutes from July 16, 2007 and was seconded by Councilman Harry Patton. The motion was moved to carry unanimously. Councilman David Worthington made the motion to approve the minutes of the July 16, 2007 regular meeting and was seconded by Councilman Clay Wright. The motion was moved to carry unanimously.

SECOND AND FINAL READING OF ORDINANCES

Ordinance # 529 – An Ordinance annexing parcel 109.01, Anderson County Tax Map 43, and incorporating the same within the corporate boundaries of the City of Clinton, Tennessee and thereby amending the zoning map of the City of Clinton, Tennessee by zoning newly annexed territory B-4, Interstate Business District. Councilman David Worthington made the motion to approve Ordinance # 529 on second and final reading with Councilman Charles Lyons seconding the motion. The motion was moved to carry with Councilman Albert Turner voting no.

Ordinance # 530 – An Ordinance annexing parcel 112.07, Anderson County Tax Map 43, and incorporating the same within the corporate boundaries of the City of Clinton, Tennessee and thereby amending the zoning map of the City of Clinton, Tennessee by zoning newly annexed territory B-4, Interstate Business District. Councilman Harry Patton made the motion to approve Ordinance # 530 on second and final reading with Councilman Clay Wright seconding the motion. The motion was moved to carry with Councilman Albert Turner voting no.

Ordinance # 531 – An Ordinance amending the zoning map of the City of Clinton, Tennessee by zoning newly annexed Roger’s Group, Inc. territory near the Interstate 75 interchange and Highway 61 as B-4 and M-2. Councilman David Worthington made a motion to approve Ordinance # 531 on second and final reading and Councilman Jerry Shattuck seconded the motion. Councilman Shattuck said that Council owes the people who oppose this ordinance an explanation on their voting decision. Councilman Shattuck stated that Roger’s does have a track record of complying with regulations. Rock, gravel, asphalt, and concrete are a basic need, and there is no residential, commercial, or industrial development without it. Mayor Winfred Shoopman commented on why he supported this ordinance. Mayor Shoopman requested that the people with the Citizens for Safety and Clean Air stay involved and work with the Roger’s Group. Councilman David Worthington said his decision on this was based on the state planning training he received when he was appointed to the Planning Commission. City Council and the Planning Commission are required to look at the criteria set forth and decide if it meets the criteria for the zoning requested. Councilman Albert Turner said he will not go against all these people who are against Roger’s Group; therefore, Councilman Turner voted against this ordinance. Councilman Charles Lyons voted for this ordinance because we require concrete, asphalt, and rock. Councilman Clay Wright stated that he is in support of this because he believes Roger’s has complied with everything and will continue to comply to meet the environmental standards. Councilman Harry Patton commented that he supports this ordinance because he is convinced that Roger’s Group will do what they say. The motion was moved to carry with Councilman Albert Turner voting no.