DUANE SHERRILLEditor

The Tullahoma Board of Mayor and Aldermen, by a narrow 4-3 vote, rejected advice from its attorney and state officials by going ahead and laying the groundwork to create a board of appeals for the city – something City attorney Stephen Worsham warned is not legal.

Sparking the debate was the simple wording of the new board, whereby city officials would call it the board of appeals instead of the existing board of zoning appeals. Alderman Jenna Amacher, who led the charge of create the new board, maintained the board could hear any appeals case when it comes to issues with the city and would not be limited to just hearing zoning cases.

“It’s my opinion, based on research, that we should have followed a different method to accomplish what we wish to accomplish,” Worsham told the board. “This board does not have the authority under state law to appoint itself as the Board of Zoning Appeals.”

He suggested to postpone and study the idea and go by the proper method to create a new board of zoning appeals.

“If it is passed I don’t think it would be valid and would be a nullity,” he said. “I believe it is beyond this board to take action.”

Amacher maintained Worsham misunderstand the intention of the board as they want to make an entirely different board.

“The board of zoning appeals is not the same as the board of appeals I am trying to create,” Amacher noted, adding by creating such a broad board, there would be no need for a board of zoning appeals.

She went on to say Worsham himself made a statement months ago that tended to agree with her logic. She played the tape of the city attorney for the board.

“The board could hear things under planning and codes,” she said. “What that will do, folks, is save us in litigation costs in the future and given every citizen … another recourse. Could we keep the board of zoning appeals? Sure. But that would just be more bureaucracy. We don’t have to have it.”

“We use MTAS when they agree with us and don’t use them when they don’t agree,” said Alderman Daniel Berry, referring to MTAS’ advice not circumvent the rules when it comes to creating a board of appeals. “We have an attorney general’s opinion that says the same thing. We have an opinion from MTAS, we have an opinion from our attorney, and we have an opinion from our senior city planner. All of these people with all of this experience … every single one of those says you can’t do what you’re about to do. But we’re telling all these legal people out there … nah. We got somebody on our board who knows better.”

Berry warned of dire consequences that could come from voting to form the board of appeals as presented by Amacher.

“If you vote yes to this, you are willfully voting yes, to something you know, something you have been told, is incorrect,” Berry said, noting he feels the entire move is in retaliation for something the current BoZA did. “There is no going back and changing the decision of the BoZA on that church that has to be handled in the court. You’re going to do what you’re going to do but we got it on video and we’re going to come back and say that you did the wrong thing and you knew that you did the wrong thing.”

The board passed Ordinance 1595 which deleted the board of zoning appeals and substituted it with board of appeals. Voting yes were Amacher, Kurt Glick, Bobby Wilson and Derick Mann. Voting no were Jerry Mathis, Berry and Mayor Ray Knowis.