Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Appeal Acuff Road topic
No spam. Unsubscribe anytime.
Board of Public Works tables Beacon Builders appeal over Acuff Road notice of violation
Summary
The Board of Public Works tabled Beacon Builders’ appeal of a notice of violation for an extended Acuff Road closure after hearing staff, the developer’s counsel and city officials. The board voted to pause a decision so parties can pursue further negotiations.
The Monroe County Board of Public Works on Feb. 10 tabled an appeal from Beacon Builders of a notice of violation related to the closure of Acuff Road, saying the item should be returned for further negotiations.
Staff engineering manager Kyle Ball told the board the permit for the closure was issued Aug. 18, 2025, through Sept. 1, 2025, and that an administrative extension was granted through Oct. 3, 2025. Ball said staff determined additional extensions were not reasonable after the project’s closure period extended past the permit window and that "our recommendation is that we uphold" the notice of violation.
Beacon Builders’ counsel Jim Bohr said the company obtained the necessary permits and ran into unforeseen site conditions — including an unmapped fiber-optic line, unlisted water valves and failed subbase compaction — and delays from utilities. "We think that the fine serves no purpose," Bohr said, urging the board to use its discretion to waive the penalty.
Bill Evans of Beacon Builders described prolonged work with utility companies and said Comcast delays and emergency work by Duke Energy outside the developer’s control prevented timely completion. "We have been working with Duke for a year and a half," Evans said, adding that some work required payments to move lines and that developers were in frequent contact with city staff.
Board members pressed staff and legal counsel on fine calculations and timing. One member noted that the fine schedule applied under the second NOV began at $7,500 on Oct. 4 because the penalty calculation carries forward under the code when earlier notices remain unresolved. City counsel read from Title 12 during the discussion, stating in part, "Any violation as defined herein is hereby declared a common and public nuisance," and explained penalties are assessed based on the number of violations by a contractor over a three-year period rather than being tied strictly to a single permit.
Adam Wason, public works director for the city of Bloomington, acknowledged the common challenge of coordinating utility relocations and recommended tabling the appeal to allow more negotiation: "I'm gonna just ask the board to table this one for right now while we have some further negotiations." The board then moved to table the appeal; the motion carried on a roll-call vote with Caron, Roach and Cox Deckard recorded as "Aye."
The board did not decide the merits of the NOV; the item was tabled for further discussion and potential future consideration.
