Pack 800 Boy Scouts Beautify Oak Hill with Volunteer ...

Pride in our community • Affection for our history • Service to our neighbors

A PR IL 2013 www.oakhilltn.us NEWS

Pack 800 Boy Scouts Beautify Oak Hill INSIDE
with Volunteer Community Clean Up
• Explaining
For the second time, Boy Scouts from Pack the Planning
800 at Glendale Elementary volunteered to Commission—page 2
clean up the streets in the City of Oak Hill. Over
several hours on a chilly Saturday morning, • City supports
seventeen scouts tackled Lakemont Drive, Far- legislation—page 4
rell Road, Ragland Drive, and Lambert Road,
and collected numerous bags of litter. After- • Morning with the
wards, the scouts celebrated their achievement Mayor—page 7
at the school with donuts and cider.
The mission of the
This Pack is an inclusive pack, which means City of Oak Hill
both scouts and their families are welcome to is to preserve its
participate. This made for a particularly fun natural resources
clean-up event. and residential
environment; to
Pack 800 includes 57 scouts from first to offer an enhanced
fifth grade, and is an active member in the level of services to
Middle Tennessee Council of the Boy Scouts its citizens; and to
of America. For information about joining provide a strong
or supporting Pack 800—contact Cubmaster sense of community
Mark Bixler at [email protected]. pride with historical
awareness all within
Be Vigilant Online, Reduce House Break-ins close proximity
to a world-class
By Sergeant Twana Chick Additionally, please talk with your not-so-com- metropolitan area.
puter-savvy relatives and friends about the links
Metro Nashville Police Department embedded in emails that will install malicious pro-
Victimization through the criminal use of the inter- grams on their computers, or urgent emails or
phone calls from people asking to verify bank or
net is easy for those who know how to find and ac- credit card information. People who grew up with
cess personal information online. Don’t risk it—use computers have a distinct advantage in knowing
caution when adding people as “friends” on social how to safely use the internet over those who did
networking sites; encourage your friends and family not, so if you have a good understanding of the dan-
to not post personal information on the internet; and gers, please help educate those who do not. You
parents, pay close attention to what your children are can help save them from many potential problems
sharing. Revealing that you received an expensive or financial loss.
new item for your home or that you will be out of town
for a week unnecessarily raises the risk of a break-in.

Mayor The Oak Hill Planning Commission:
Austin McMullen 579-6593 Working Toward a Better Place to Live

Vice Mayor To provide citizens with ing and expressed their desire to have certain
changes included in the ordinance prior to its
Jennifer Claxton 504-6163 a better understanding passage. Many of these requests were accom-
modated by the BOC prior to the second ap-
Commissioner of the Oak Hill Planning proval, and the requested changes became
Kyle Felts 760-5406 part of the local policy. Once these zoning or-
Commission (PC), I would dinances are established, it then falls to the PC
Planning Commission to enforce them as outlined above.
371-8291 like to expand on the roles
However, there are some limits as to what
John Gillespie, Chair and responsibilities of the the City can and cannot include in its zon-
Joe Hodgson, Vice Chair ing ordinances. All cities in the State of Ten-
Wade Hill, Secretary commission. nessee are considered to be creations of the
Michael Baron state. As such, cities can only exert those
Vice Mayor Jennifer Claxton FROM THE The PC is a nine mem- powers which have been specifically grant-
Judy Hoover CITY MANAGER ber body made up of seven ed to them within their scope of authority
Mayor Austin McMullen by the laws of the State of Tennessee. These
Art McWilliams HKeevlmins citizens appointed by the laws are referred to as Tennessee Code An-
Julia Wesley mayor to serve three-year notated (TCA). Most laws affecting cities are
[email protected] terms. The mayor may found in either Title 6 or Title 13 of the TCA.

Board of Zoning Appeals serve on the commission or appoint a desig- What the City is actually allowed to do
371-8291 within the scope of this state-granted au-
nee to serve in his/her place. The final posi- thority, or preempted by the federal govern-
Tom Lawless, Chair ment, might be contradictory to what the
Tonya P. Matthews, tion is filled by another elected member of personal preferences are for elected or ap-
pointed members of these various boards.
Vice-Chair the Board of Commissioners (BOC) appoint- It may be that a particular case coming be-
Lance Iverson fore the PC contains elements with which
ed to the position by vote of that body. The the board is not comfortable. If the guide-
lines have not been adopted to govern these
City Manager PC has four main responsibilities: particular elements, the PC is obligated to
Kevin Helms authorize the project even if they find it to
371-8291 1. To review and approve subdivision plats be personally objectionable. They can only
enforce the policies that have been official-
Assistant City Manager 2. To review and approve site plans for Con- ly adopted by the City, within the scope al-
M.C. Sparks 371-8291 lowed by the state, and that have not been
struction on steep slope lots and/or in the preempted by the federal government. A
Administrative Assistant decision by the PC to try to enforce stipu-
Patrick Steiner 371-8291 Radnor Overlay lations that are outside of their area of ju-
risdiction is likely to be deemed by an ap-
City Attorney 3. To review and approve site plans for Con- plicant to be an arbitrary and capricious
J. Todd Moore 290-5355 decision. If the applicant appeals that deci-
ditional Use Permit (CUP) Applications sion to the court system, the courts are like-
ly to find in their favor and allow them to
City Engineer 4. To make zoning recommendations to the BOC continue with their project, regardless of the
Kimley-Horn & Assoc. 371-8291 action of the PC, while at the same time re-
I will explain each of these particular sulting in increased costs to the City.

Building Official roles in the next issue of the newsletter, but This was recently the case with the Pied-
Bill Burdette 371-8291
in this issue, I would like to first comment
Safety Coordinator
Tommy Campsey 557-7329 in more general terms as to how this process

Meeting Dates works. The guidelines regarding what can
All meetings will be held at
the City Office at 5 p.m. and cannot be done on property within the
5548 Franklin Pike Suite 102
City are set by the City’s zoning ordinances

Board of Commissioners Meeting and subdivision regulations. The subdivi-
Third Thursday
sion regulations are adopted by the City of

Planning Commission Meeting Oak Hill PC and all zoning ordinances are
Fourth Tuesday
adopted by the BOC. Any potential zoning

Board of Zoning Appeals Meeting changes must be reviewed by the PC so they
Third Wednesday
may make a recommendation to the BOC for

City Office or against the proposed change. Once this
5548 Franklin Pike Suite 101
Phone: 371-8291 has been done, the BOC must approve an or-
Fax: 855-611-8980
Hours: Monday-Friday dinance to enact the change on two separate
8:30 a.m. - 4:30 p.m.
After-Hours Emergency occasions. Prior to final approval, a public
557-7672 509-4812
www.oakhilltn.us hearing must also be held so the citizenry

Don’t throw away this can express their opinion regarding the pro-
newsletter. Recycle it!
posed change or changes.

During the 2011 update of zoning ordinanc-

es, several citizens appeared at a public hear-

mont Gas Pipeline Project that came before the applicant won the case, the applicant
would have likely put forth minimal effort to
the PC. Had it not been that the pipeline was meet the legal requirements imposed upon
them by Oak Hill ordinances and guidelines.
being installed within a steep slope area and
Instead of this approach, the City decided
the Radnor Overlay, the project would not to negotiate with the applicant to try to get
them to agree to certain terms that might
have had to seek City approval beyond ob- minimize the impact of the project on the
surrounding area. While most, if not all, of
taining a grading permit from the City of Oak the PC members and staff sympathized with
the concerns of the residents in attendance,
Hill staff. Since it did disturb these areas, most of the concerns expressed were outside
the scope of authority granted to the City. As
the project owner had to submit an applica- such, these issues would have to be mitigat-
ed by the approval process at the state level.
tion to the PC for review and approval prior
I hope with this information you better
to staff issuing a permit. However, the PC understand the PC. If you’re interested in
serving on the PC, you may request a vol-
had to review the project as it related to the unteer form from the City Office. If you’d
like to attend a meeting, the PC meets every
guidelines found within the following two fourth Tuesday of the month at 5 p.m. at the
City Office.
sections of the zoning ordinance: 1) Pipeline
Helms and Steiner Earn Credentials as
safety is governed by federal and state regu- Certified Municipal Finance Officers

lations, and 2) The state had approved the The Municipal Finance Officer Certification and Education Act of 2007
requires municipalities to have a chief financial officer. In February, the
Guidelines portion of the proj- City of Oak Hill City Manager Kevin Helms and Administrative Assistant
regarding Patrick Steiner completed a course to earn their Certified Municipal Fi-
ect crossing Radnor nance Officer (CMFO) certificates. The 11-session course is taught over
Lake State Park prior a twenty-four month period and is a valuable resource to gain in-depth
to the PC hearing. knowledge of municipal accounting and finance.

what can The primary fac- APRIL 2013 3
and cannot tors to be considered
within these sections

be done on of the zoning ordi-
property nance are whether
within the appropriate mea-
City are set sures are being taken
by the City’s to stabilize the soil

on steep slopes, and
whether appropri-
ate measures are be-

zoning ing taken to mini-
ordinances mize the disturbance
of vegetation and to

and replace vegetation
subdivision where possible. If
regulations. the PC had chosen
to apply additional
standards to their re-

view of this case and

attempted to enforce them upon the appli-

cant, the decision would have been arbitrary

and capricious. The applicant would have

likely appealed the decision to the court sys-

tem, and the City would have spent thou-

sands of dollars in defense of a decision that

the court was likely to overturn—thus al-

lowing the applicant to proceed with their

project anyway. This is particularly true in

the Piedmont Gas Pipeline case as the proj-

ect served a public need and had already ob-

tained clearances needed from the state. If

the decision had resulted in litigation and

When Filing Your The City of Oak Hill Supports
Taxes, Write In Smaller Cities Legislation
Oak Hill
You may have recent- ro police officers at the rate of $70 per
The Tennessee Hall
State Tax on interest ly heard about legislation hour to supplement the police cover-
income mandates that
a portion of the tax is pending in the General age Metro provides. We have suggested
returned to the city in
which the taxpayer lives. Assembly that could af- to Metro the possibility of Oak Hill re-
With tax season upon
us, please remember to fect smaller cities like imbursing Metro for the cost of a full-
write in Oak Hill as your
city of residence when Oak Hill. We support this time officer, who would be assigned to
filing your state income
tax paperwork. The Hall bill because it affords Oak Hill. This would essentially dou-
Income Tax is a prima-
ry source of revenue for FROM THE Oak Hill the flexibility ble, if not triple, the hours of patrols in
the City, and allows us to MAYOR and certainty that are
deliver services like gar- critical for City leaders in Oak Hill with-
bage collection without Austin planning for the future.
charging a service fee. McMullen out additional Metro
It is extremely important Why is this needed? expense. Metro
that we receive all of the Austin.McMullen@
Hall Income Tax due to would not enter- prevents
Oak Hill, since Oak Hill oakhilltn.us tain this possi- Oak Hill
receives no property tax bility.
dollars that go directly to Metro Nashville current-
Metro Nashville/David-
son County. ly claims to have veto power over the ac-

If you have any ques- tions of the smaller cities. Metro asserts • Neighborhood and other
tions while completing parks. Tennes- smaller
your paperwork, please that these cities cannot perform any func-
contact the City Office. see Department
tions other than those being performed
Mayor Awarded
“Top Forty in 1963, when the Metro Charter was en- of Transporta- cities from
Under 40” tion (TDOT) has performing
acted. This is a misinterpretation of the indicated an in-
Congratulations to
Mayor Austin McMullen law. Metro’s legal position and the threat
for being awarded one of
the Nashville Business of litigation by Metro prevents Oak Hill terest in donat- many basic
Journal’s Forty under ing a parcel of municipal
40, an annual award that and other smaller cities from performing unused land to
merits young profession-
als who are making a dif- many basic municipal functions that Met-
ference in their compa-
nies and their community. ro does not provide in Oak Hill, including: Oak Hill for a functions
first-ever city that Metro
4 OAK HILL NEWS • Simplified building inspections. park. However,
Currently, Oak Hill Building Inspec-
tor Bill Burdette performs structural Oak Hill did not does not
inspections and Metro Codes performs have a city park provide in
all other inspections. Bill is on-site in in 1963. Should
Oak Hill and responds promptly to in-
spection requests. Residents who have Oak Hill invest Oak Hill.
cleared the Oak Hill inspection but the time and en-
must typically wait for Metro Codes
to perform mechanical or plumbing ergy of working
inspections. Residents lose time and
money as contractors wait for a Metro through TDOT’s excess land committee
inspector. Bill is certified to perform all
inspections, so Metro’s requirement is when we are unsure whether Metro will
inefficient and duplicative. We have re-
peatedly raised this issue with Metro, attempt to veto an Oak Hill neighbor-
but they cite their interpretation of the
Metro Charter and refuse to allow Bill hood park?
to perform additional inspections.
While Metro has refused these sensible
• Enhanced safety. Currently, Metro suggestions based on a strict legal posi-
allows Oak Hill to hire off-duty Met- tion, Metro has taken an inconsistent po-
sition when doing so saves Metro money:

• Stormwater management. When
new federal laws required cities to
manage stormwater, Metro refused to
provide this service to any individual

smaller city. As a result, Oak Hill now Test Your Knowledge
manages stormwater even though this
was not a service provided in 1963. The City of Oak Hill continues this quiz feature in the newslet-
• Chipper service. Metro provides ter as a way to inform citizens about different aspects of the City
chipper service three to four times per government and its services. We hope you find this to be a fun way
year throughout the county, except in to learn more about living in Oak Hill!
the smaller cities. Oak Hill provides 1. True or False: The Planning Commission may use “public opin-
monthly chipper pick-up, a service that ion” as a basis for granting or denying a request.
Oak Hill residents frequently praise. 2. Which of the following groups has the authority to adopt subdi-
Oak Hill provided no chipper service in vision regulations and a master thoroughfare plan for the City?
1963, but allowing Oak Hill to add this A. Planning Commission
service has saved Metro money. B. Board of Commissioners
C. Staff
As these examples demonstrate, our D. City Engineers
goal is simply to have greater flexibility 3. Which of the following groups has the responsibility to recom-
to serve Oak Hill’s residents in the most mend changes in zoning ordinances to the Board of Commission-
cost-effective way, and in a way that re- ers?
sponds to the services that Oak Hill resi- A. Staff
dents want. No one could have predicted B. Board of Zoning Appeals
the innovations that have occurred in the C. Planning Commission
50 years since the Metro Charter was ad- D. City Attorney
opted in 1963. As Oak Hill leaders plan 4. True or False: The Planning Commission members are required
ahead for the next 50 years, they need the to take an hour of continuing education each year.
flexibility to respond to changes in a way 5. The Radnor Overlay ordinance is an ordinance that the Plan-
that protects the wonderful community ning Commission uses to:
that Oak Hill has become. A. Ensure Otter Creek Road is passable
B. Draw maps of the Radnor Park area
Metro leaders and some in the media C. Help protect the watershed and viewshed of the park
have claimed that this bill could result in D. Purchase additional properties to add to the park boundaries
more taxes. But this concern about higher 6. The Steep Slope requirement within the zoning ordinance pro-
taxes is of recent vintage, given that just vides for which of the following?
one year ago Metro imposed a 13.5 per- A. Planning Commission approval before issuance of a building
cent property tax increase on Oak Hill permit
residents—the maximum allowed by Met- B. Application to properties and/or building envelopes with
ro’s charter—and without any appreciable slopes in excess of 14 percent
increase in services.” C. City approval before any vegetation can be removed
D. All of the above
Oak Hill residents will continue to pay
the $4.04 property tax to Metro regardless APRIL 2013 5
of what happens to the pending legislation. Answer Key:
None of that money goes to pay for the ser- 1. False. The Planning Commission must base their decision entirely on
vices that the City of Oak Hill provides. the local, state and/or federal laws that cover these bodies/cases. Public
comment that ties the facts of the case to the laws governing it can be
The Board of Commissioners is com- considered as part of the decision.
mitted to maintaining an enhanced level 2. A. Planning Commission
of services while keeping taxes low. Real­ 3. C. Planning Commission
izing efficiencies, like those described 4. False. The Planning Commission members must each have four hours
above, are an important part of achiev- per year of continuing education.
ing that goal, the Board plans to main- 5. C. Help protect the watershed and viewshed of the park
tain Oak Hill’s current policy that res­ 6. D. All of the above
idents pay no property tax to the City of
Oak Hill.

Recent Board of Commissioners Actions 6. Adopted Ordinance 12-16 on 1st reading which amends the
zoning ordinance to update various sections within the ordi-
To help keep our citizens informed about decisions being made nance.
by the Board of Commissioners, we’ve included a list that summa-
rizes the various actions of the Board over the past few months. 7. Adopted Ordinance 12-17 on 1st reading which amends the
municipal code to allow for the issuance of special event beer
November, 2012 permits.

1. Adopted Resolution 12-3 that waives certain building permit 8. Voted to approve a change order for the on-call contract with
fees for the installation of pools. This action waives the stan- Kimley-Horn and Associates to include a study on commercial
dard requirement to pay for and receive a second building rezoning.
permit when a new contractor assumes a construction proj-
ect that has already been permitted. This action was intended January, 2013
to help residents who hired a particular contractor who de-
faulted on the project(s). 1. Voted to defer action on Ordinance 12-14 that amends the zon-
ing ordinance to allow certain filming and staging activities
2. Adopted Ordinance 12-12 on 1st reading which prohibits within the City until the Planning Commission can consider
skateboarding on certain City streets with grades in excess of and make a recommendation regarding proposed amend-
6 percent or when designated as a no skate area by the Board ments to the ordinance.
of Commissioners. It also bans the practice of holding on to
moving vehicles while skating. 2. Adopted Ordinance 12-15 on 2nd reading which amends the
zoning ordinance to update the flood plain regulations within
3. Voted to extend the on-call engineering contract with Kimley- the City as recommended by FEMA and to keep the City com-
Horn and Associates for an additional two years. The contract pliant with the National Flood Plain Insurance Program.
will expire in December 2014.
3. Adopted Ordinance 12-16 on 2nd reading which amends the
4. Adopted Ordinance 12-13 on 1st reading which expands the zoning ordinance to update various sections within the ordi-
Investment Advisory Committee to four members and stag- nance.
gers the term expiration dates.
4. Adopted Ordinance 12-17 on 2nd reading which amends the
5. Adopted Resolution 12-14 which established certain permit- municipal code to allow for the issuance of special event beer
ting fees related to the issuance of permits for filming and permits.
staging activities within the City.
5. Adopted Ordinance 13-1 on 1st reading which implements
December, 2012 Phase I of the recommendations from the sign inventory study
and amends the FY13 budget by $20,000 for sign removal, re-
1. Adopted Ordinance 12-12 on 2nd reading which prohibits location, and replacement.
skateboarding on certain City streets with grades in excess of
6 percent or when designated as a no skate area by the Board 6. Voted to approve the standard contract for auditing servic-
of Commissioners. It also bans the practice of holding on to es as provided by the State of Tennessee with John Poole to
moving vehicles while skating. conduct the City’s FY13 audit.

2. Adopted Ordinance 12-13 on 2nd reading which expands the February, 2013
Investment Advisory Committee to four members and stag-
gers the term expiration dates. 1. Adopted Ordinance 12-14 on 2nd reading that amends the zon-
ing ordinance to allow certain filming and staging activities
3. Adopted Ordinance 12-11 on 2nd reading which abandons an within the City.
unimproved right-of-way on Forest Acres Court.
2. Adopted Ordinance 13-1 on 2nd reading which implements
4. Adopted Ordinance 12-14 on 1st reading which amends the Phase I of the recommendations from the sign inventory study
zoning ordinance to allow for certain filming and staging ac- and amends the FY13 budget by $20,000 for sign removal, re-
tivities within the City. location, and replacement.

5. Adopted Ordinance 12-15 on 1st reading which amends the 3. Adopted Ordinance 13-2 on 1st reading that levies a business
zoning ordinance to update the flood plain regulations within tax and enacts a business license requirement for businesses
the City as recommended by FEMA and to keep the City com- operating within Oak Hill.
pliant with the National Flood Plain Insurance Program.

CONNECT WITH US A member of the City of Oak Hill staff, Patrick
Steiner, and his wife Heather welcomed
on Facebook www.facebook.com/CityOfOakHill Scarlet Nicole Steiner, their beautiful, six-
and Twitter www.twitter.com/CityOfOakHill pound baby girl on March 3. Congratulations,
Patrick!
6 OAK HILL NEWS

Morning with the Mayor The City of Oak Hill
ensures compliance
To kick off the New Year, the City of Oak with Title VI of the
Hill hosted a “Morning with the Mayor” Civil Rights Act of
event on Friday, January 11, 2013, at the City 1964; 49 CFR, part 21;
Office. Coffee and donuts were provided dur- related statutes and
ing the open house-style event where resi- regulations to the
dents had a chance to visit one-on-one with end that no person
Oak Hill City Mayor Austin McMullen to shall be excluded
share ideas and concerns for the City. from participation in
or be denied benefits
“It was a pleasure hearing what is on the of, or be subjected
minds of Oak Hill residents, including ques- to discrimination
tions about City services and suggestions for under any program
how to improve our Oak Hill community,” or activity receiving
said Mayor Austin McMullen. federal financial
assistance from the
Photos from the event are posted on the City of Oak Hill’s Facebook page at www.facebook.com/CityOfOakHill. U.S. Department of
Transportation, or
other federal agency,
on the grounds of race,
color, sex, or national
origin.

Any person who
believes he or she has
been discriminated
against should contact:
Kevin L. Helms
City Manager/Title VI

Coordinator
City of Oak Hill
5548 Franklin Road,

Suite 101
Nashville, TN 37220
(615) 371-8291

Stormwater Pollution Solutions

It’s springtime in Middle Tennessee, and for ers has the same effect on the environment as
most residents that means it’s time to clean out dumping the materials directly into a body of
your homes and cars. water.

When giving your car a good cleaning, please To prevent contaminating the environment,
remember that washing your car and degreas- use a commercial car wash that treats or re-
ing auto parts at home can send detergents and cycles its wastewater, or wash your car on your
other contaminants directly into the storm sew- lawn so the water seeps into the ground where
er system. According to the U.S. Environmen- it can be cleansed naturally. You should also dis-
tal Protection Agency, any water that enters a pose any used auto fluids and batteries at desig-
storm sewer system will be discharged—un- nated drop-off or recycling locations.
treated—into bodies of water we use for swim-
ming, fishing, and even drinking. So, allowing For more information about stormwater pol-
automotive fluids to drain into the storm sew- lution issues, visit http://water.epa.gov/action/
weatherchannel /stormwater.cfm # solution

APRIL 2013 7

First-Class Mail
Presorted

U.S. POSTAGE

PAID

Nashville, TN
Permit No. 2657

Official Publication
5548 Franklin Pike, Suite 101
Nashville, TN 37220

Quick Campsey and Sgt. Chick to Hold
Call Safety Seminar Thursday, April 11
List
Please join Metro Police gram and the Home Security Survey.
City of Oak Hill
5548 Franklin Pike Suite 101 Sgt. Twana Chick and me As the community service officer for
Phone: 371-8291
Fax: 855-611-8980 for a public safety seminar Metro’s West precinct, Sgt. Chick works
www.oakhilltn.us
Solid Waste Services and question and answer with neighborhoods

Chipper Service segment on Thursday, Learn to to establish offi-
CleanEarth: 371-8291 safeguard cial “neighborhood
Garbage/Recycling Pickup April 11th at 6 p.m. at the your home watch programs.” If
EarthSavers: 481-9640 and auto. you are interested in
[email protected] City Office suite 102. starting or partici-
Snow and Ice pating in a neigh-
Management Service FROM THE I will give a short pre-
Mid Tennessee Erosion Control: SAFETY sentation teaching resi- borhood watch pro-
371-8291 COORDINATOR dents how to better safe-
Public Street Repairs, Street guard their homes and
Signage, and Drainage CToammmpsyey
Maintenance [email protected] cars. From this presenta- gram for the City of
City Office: 371-8291
Dead Animal Removal tion, you will learn what Oak Hill, Sgt. Chick will be explaining the
City Office: 371-8291
After Hours: 862-8971 criminals look for when identifying a home full process of this program at the semi-
Emergency: 911
Non-Emergency Fire: 327-1300 or car to break into and important safety nar, and will support you as you progress
Non-Emergency Police: 862-8600
West Sector Patrol: 862-7747 tips that can help you avoid mistakes which toward establishing an official program.
Oak Hill Safety Coordinator:
557-7329 may cause you to fall victim to such crimes. I look forward to seeing you there!

I will also be discussing several services

that we offer exclusively to residents of Oak Thank you,
Tommy Campsey
Hill, such as the Vacation Home Watch Pro-