Board of Mayor & Commissioners

MINUTES OF REGULAR SESSION PIPERTON BOARD OF MAYOR AND COMMISSIONERS August 18, 2015, 7:00 P.M. The Piperton Board of Mayor and Commissioners met in regular session on August 18, 2015, at 7:00 p.m. at City Hall, with Board members: Mayor Henry Coats, Vice-Mayor Hugh Davis, Commissioner Mike Binkley and Commissioner Preston Trotter present. Commissioner Michael Ulczynski, City Planner Brett Morgan and City Engineer Harvey Matheny were absent. City Manager Steve Steinbach, Finance Director Maria George, City Recorder Beverly Holloway, Public Works Director Terry Parker, Building Official Tommie Johnson, Police Chief Phil Hendricks, Fire Chief Reed Bullock were also present, along with Butch Rhea, John Michels (Greenprint Coordinator), Bill & Vicki Hancock, Liz McCommon, Charlotte Johnson, Billy Vatter, Charles McElwee, and Gwen Brown, Police Officer Daniel Hyde, et al and others in the audience. Agenda item 1. Call to order, establish quorum Action taken: Mayor Coats called the meeting to order at 7:00 p.m., and established that a quorum was present. Agenda item 2. Prayer and Pledge of Allegiance to the American Flag Action taken: Mrs. Liz McCommon led in the opening Prayer and Commissioner Mike Binkley led in the Pledge of Allegiance to the American Flag. Agenda item 3. Any changes to Agenda; Motion to adopt Agenda Action taken: There was a change to the Agenda with the removal of item 12 and Commissioner Binkley moved to adopt the Agenda with the removal of item 12, seconded by Commissioner Trotter. The Motion received all affirmative votes. Agenda item 4. Any changes to the Minutes of the Regular session of July 21, 2015; Motion to adopt the Minutes of the Regular session of 07/21/15. Action taken: There were no changes to the Minutes of 07/21/15, Commissioner Binkley moved to approve the Minutes of 07/21/15, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Agenda item 5. Review/approval of Financial Reports, Building Inspector’s Report, Fireman’s Report and Police Report Tommie Johnson, Building Official, stated for the month of July issued 22 permits (3 permits issued for new single family dwelling), conducted 64 inspections and handled 14 code compliance issues. Steve Steinbach, City Manager, stated that staff is still closing the books on last fiscal year so the July report wouldn’t be available until next month but beginning the fiscal year 2016 the City is in good shape, the balance sheets on all funds are favorable and the certificates of deposits/the fund savings are in excess of two million dollars, enterprises funds over half million dollars, the sales tax collections were fairly strong for last month and collecting the new half percent increase directly from the State. Chief Reed Bullock stated for the month of July, there were 38 calls, 24 calls in Piperton and has tapered off responding out to Rossville with Rossville having a full time assistant Chief and they are starting to get volunteers so we are stepping back as planned but still assisting when needed and we are still training together, at the end of July 309 calls that is 132 more than last year, currently at 24/7 coverage. 1  Police Chief Phil Hendricks stated during the month of July, there were 84 dispatched calls, 4 incident reports, 1 arrest, and 5 motor vehicles crashes, last Thursday, August 13th, sold the first Crown Vic with two more to sell currently speaking with someone in Mississippi now and he will check with another department if that doesn’t pan out then we will probably put them up for auction, Officer Graves is attending the Lifesaver’s Conference in Murfreesboro representing the department and the intent this year is to purchase two police (SUV’s) vehicles utilizing the State Contract and has received the quote back for the cost on those vehicles. Mayor Coats inquired on the spike in residential alarms. Chief Hendricks stated some are due to the storms and wind. Action taken: Commissioner Trotter moved to approve all reports as written, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Agenda item 6. Resolution No. 15-175, adopting Greenprint 2015/2040, also known as the Mid- South Regional Greenprint and Sustainability Plan, a Tri-State Planning Initiative funded by a grant award from the U.S Department of Housing and Urban Development Mr. Steinbach introduced John Michels, the Implementation Coordinator for the Mid-South Greenprint. Mr. Michels stated that the Mid-South Greenprint is a 25 year plan to connect the network of greenspace and trails across the Tri-State region, the plan contains over 150 recommended actions to approve the quality of life of our residents and enhance the sustainability of our region, the main recommendation in this plan is to establish a network of trails 500 miles of off-street greenway trails, 200 miles of on-street bike lanes to improve the connectivity, if implemented today that network would connect directly to 95% of the large park acreage in our region, nearly 80% of the region’s population and nearly 80% of the region’s jobs would be within 1 mile of one of these corridors, the whole plan encompasses the areas of the Memphis MPOs, the West Memphis MPOs, so that it covers all of Shelby County and portions of Fayette, Crittenden and Desoto County, to date there are 12 jurisdictional adoptions, the adoption resolution is very flexible and does not obligate any funding or any regulation, it merely ask that you consider recommendations in the plan when implementing it and that you will work with your neighbors to connect your corridors and trails when working across jurisdictional lines. Commissioner Trotter stated it is a very expensive plan that includes roughly 13 miles of trails within Piperton, the estimated cost is over $10 million over a long period of time, in favor of adopting this Resolution but recognizing that it’s a very long term plan and that the City is not going to come up with $10 million anytime soon and that most of this will need to come from donations. Action taken: Commission Binkley moved to adopt Resolution No. 15-175, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Agenda item 7. Recess: hold Public Hearing concerning Ordinance No. 257-15, an Ordinance repealing Ordinance 229-13 in its entirety and revising/adopting various fees for the City of Piperton Action taken: Commissioner Binkley moved to recess, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Mr. Steinbach stated this represents several months of work by the former City Planner, Paul Ryan, there have been several complaints with regards to the clarity of the Ordinance and additionally wants to recognize some of the reduced fee schedules and stream-line fee schedules for the development projects when they come before the City, a couple of highlights include the utility fee section that has been totally revised hopefully to provide greater clarity for those utilizing the fee schedule; the City contracts with Marshall County Utilities for sanitary sewer services in our industrial area south of Hwy 72, staff has tried to clarify exactly what the fee schedule is and the sanitary sewer fees are broken into two sections; 1) decentralized sewer connection fees for 2 the majority of the residential developments that have sewer and 2) centralized sewer connection fees that are applicable to Marshall County Utility, that is a bifurcated fee system that includes a tap fee, service connection portion, a development fee which is a plant capacity fee and staff had Harvey Matheny, the City Engineer, look at this and access the fee schedules along with the margins of the additional City fees charged on top of what Marshall County Utilities charges the City and there has been some revisions to that; prior to this Ordinance the City was charging 67% in addition to Marshall County fees and staff reviewed from the standpoint of the City’s responsibilities, Marshall County Utilities is responsible for treating all the effluent, the City is not treating anything just essentially providing for long-term maintenance responsibility and care of the distribution collection lines, so staff has reduced that fee considerably to 15% of the plant capacity fee and those numbers are reflected in section 2b on page 5, and on the sewer connection fee, which is what staff describes as a tap fee for new users, the margin has been changed to a 25% markup also down considerably, the rest of the fees are pretty much as they were with some housekeeping in the terms of formatting and structure to promote ease of use and with regard to the development fees starting on page 9, prior to this document the City had a menu of fees that were based on a percentage of construction costs and felt that was a very equable way to go about it and it is no secret that Piperton does not subsidize the cost of design professionals to review plans brought before us from the development community, that charge is passed on, with the recognition of that the development fee schedule has been greatly streamlined, staff collects administrative fees for Bev’s and staff’s time in processing applications, review fees are pass on as noted, the biggest change is the construction inspection fees that is estimated on the front end by the City Engineer following the completion of construction the amount that was collected that from the developer on the front end is reconciled with the true cost and he will either receives funds back for overpayment or will pay additional funds to cover any short falls, this is the entirety of all the associated fees that the City enforces with regard to entitlements, building permits, utility connection fees and usage fees. Vicki Hancock inquired what would the inspection fees be now for new homes under construction. Mr. Steinbach stated the inspection fees for building permits have not changed, they are market based, the main changes have occurred with regard to subdivision development inspections, staff will now assess the developer the full cost of having to hire inspection professionals which the City doesn’t have on staff to come to review and inspect the insulation of pipes, sewer, utilities and roads. Mayor Coats stated this is better for the developer because the fees have been reduced by 25% to 40%, this will also help the developers. Action taken: Commissioner Binkley moved to reconvene, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Agenda item 8. Second Reading, Ordinance No. 257-15, an Ordinance repealing Ordinance 229-13 in its entirety and revising/adopting various fees for the City of Piperton Action taken: Commissioner Binkley moved to adopt Ordinance 257-15 on second reading, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Agenda item 9. MAAG Agreement Mr. Steinbach stated the proposal before the Board represents the culmination of work that Vice-Mayor Davis is championing and spear headed, the Planning Commission has reviewed this since the start of the new calendar year, the City responded to MAAG with the understanding that staff was supportive of engaging them to do this very important study but staff delayed it until the new fiscal year and the document reflects everything that the Planning Commission has asked for, the proposed fee schedule is in line with what staff has budgeted and will make some minor adjustments to cover reimbursable fees, this will provide the City with a well-rounded 3 comprehensive assessment not only of the real estate market but also giving staff some heads up regarding the specific types of business or industries that would be appropriate for our community given our demographic profile, staff supports the adoption and execution of this agreement. Vice-Mayor Davis stated the Planning Commission has reviewed this contract and has an operating contract that is quite extensive that MAAG has put together but the City comes out in the end really getting what we will pay for in terms of a well document piece of paper that we can use as something to go forward with and the exciting part is some of the group meetings that they plan to have, they plan to interview segments all over Piperton as well as our department folks so that everyone has input into what is the kind of Piperton you would like to see and the plus other than residential is to get a plan of what retailing would look like and John Henszey is leading the effort and Vice-Mayor Davis has volunteered to work with Mr. Henszey about setting up the initial planning meetings and putting a schedule together that can be published so everyone in the neighborhoods knows what is going on. Commissioner Trotter stated the overall plan that this group has recommended really is in two parts: the first part is an economic study which we have committed to at a cost of $25,000.00 and the second phase is what they refer to as a comprehensive plan project which is significantly more expensive, he is okay with the step 1 but doesn’t want to see them create expectations in the community that we would definitely go into step 2 and commit another $100,000 dollars or so. Vice-Mayor Davis stated that is a matter of interpretation and is not how he understands it and the Board can accept or reject this and he will not obligate any of the City funds unless we think it is worthwhile and moving forward. Commissioner Trotter stated if you look at the kickoff meeting described in their proposal document it says they will discuss the overall comprehensive plan project that will hopefully occur after this economic study. Mr. Steinbach stated the Board has budgeted and committed an amount to get a comprehensive community profile, a demographic analysis and breakdown, the expectation is that the community would embark upon a wide ranging comprehensive planning document but doesn’t feel we are committed to that and that we would set the expectations after we see the results and is quite curious to see the recommendations that result for this study, the most important part is the demographic economical market analysis and staff has created a lot of the elements of what would be described as a comprehensive planning document, there is a Land Use Plan, a Major Road Plan, staff has done a lot of work and is constantly updating our Ordinances and Regulations, so if staff finds as a result of this assessment that there are holes that need to be filled there is always the opportunity that staff can do it ala carte with the consultant assuming staff is comfortable with their work and not just turn them loose on a wide ranging full berth comprehensive study that is not necessary at this juncture and will benefit from that. Commissioner Trotter stated that he is 100% for that but what got his attention was the presentation that was made a few months back where we ask what the comprehensive plan would cost and there was some discussion that it would cost anywhere from $50,000 to $150,000 and is not ready to commit to those kinds of funds and not sure we need that kind of project. Mr. Steinbach stated comprehensive planning is not cheap, it takes a lot of time and a lot of process and does cost a lot of money but feels the City will get useful information from the economic study that will serve staff well and Mr. Trotter’s concerns are noted. Action taken: Commissioner Trotter moved to accept the Economic Proposal Agreement, seconded by Commissioner Binkley. The Motion received all affirmative votes. Agenda item 10. Consideration for a Temporary Use Permit for Landscape Services Mr. Steinbach stated Mr. Billy Vatter with Landscape Services has acquired an interest in a lot across the street from his existing facilities from Mr. Frank Fitzgerald, the Developer of the subdivision, this is a lot that a temporary use permit was previously granted to Dement Construction, the City has a temporary use and structure ordinance that provides for temporary 4 use for specific purposes with the Board ultimately defining the scope of that and the time that is permissible, the Planning Commission recommended to the Board to permit a two year temporary use of this property and adding to that staff would want Mr. Vatter to enter into an agreement similar to the one that was entered into with Dement Construction and also post a similar surety that makes sure that Mr. Vatter would return the lot to its pre-improved state or comes forward with a final site plan for the full improvement of the property, including principle structures, landscaping, parking lots and those items. Mayor Coats inquired if this lot across the street is bigger that his and will you eventually use both lots and build on it. Mr. Billy Vatter stated it is bigger at 3 acres, the original is 2 acres and if business continues to grow they will have need for another building and at the moment they are out of space with no yard left to park or store equipment and house materials, if not able to get approval for this then has no choice but to expand the Memphis location which he would rather not do but keep the tax revenue where he lives and has a contract to purchase the lot that will take place with this approval and has been allowed to move in or place some things on the lot in the interim. Mayor Coats stated that two years is a fair amount of time for Mr. Vatter to find out whether he will expand or take the land back to what it was, also inquired about the amount agreed on. Mr. Steinbach stated Dement posted a $5000.00 cd or letter of credit and the point of that is to return and protect the roadway, driveways and temporary culvert and gravel situations which is not permitted with permanent improvements so the understanding had with Dement is that Dement would have the lot for a period of time and they would be permitted to store their construction equipment and provide the perimeter fencing and at the conclusion of their construction activities they would return the lot to its pre-improve state, will have to get with staff to find out where Dement is with that and apparently Mr. Vatter has moved in and made use of the perimeter fencing and existing improvements and that is fine to the extent of the obligations that Dement had with the City survived that and will enter into a new agreement with Mr. Vatter that stipulates the time and the same surety and nature of use during the two year temporary use period, and staff recommends approval. Action taken: Commissioner Trotter moved to approve a two year temporary permit agreement including staff’s additional stipulations for Landscape Services, seconded by Vice- Mayor Davis. The Motion received all affirmative votes. Agenda item 11. Purchase Approval-Public Works Department, F250 Truck under State Contract. Terry Parker, Public Works Director, is seeking approval to replace an aging vehicle in service now with an F250 truck under a State contract, the old vehicle will be listed for sale on Gov Deals, and this item is in the budget and was approved. Mr. Steinbach stated the City Charter and Ordinances require staff to go out to an advertised bid if the City chooses not to take advantage of the State contract and in this instance with the addition of the Police vehicles that are all budgeted, it provides a more expedient way to acquire these vehicles but staff has also reviewed what market pricing is and is comfortable with this, it’s a very attractive price and saves a lot of time and additional monies and on behalf of Chief Hendricks also asks that the Board take up the two 2016 Ford Utility Police Interceptors. Action taken: Commissioner Trotter moved to approve the purchase of the F250 for Public Works, seconded by Vice-Mayor Davis. The Motion received all affirmative votes. Agenda item 12. City Engineer recommendation – WWTP Construction Plans Action taken: Item was removed from the Agenda Agenda item 13. Review of City Hall Facility Use Policy 5  Mr. Steinbach stated the need for some type of document that specifies rules and procedures for utilization of the facilities is overdue, a lot of Cities prohibit the general use of the Board Chambers, currently we allow a driving school to utilize the facilities that was an engagement between the previous Mayor but increasingly with the development in the City we are starting to see the proliferation of more neighborhood oriented groups and association and they are looking for places to meet, there was recently a request from Ridgewood HOA and there will come a point in time when we are just not in a position to open up the facility for those types of usages just for practical security concerns but as it stands it is time to take up and begin the conversation, staff is not asking for any type of action from the Board tonight just providing this for your information as something to consider and add to the list but ultimately staff would like to have some type of agreement in place to address this. Liz McCommon stated when this building was built by residents it was established a $25.00 per meeting fee, it was never put in writing but was at one of the meetings. Charlotte Johnson suggested standardized fees. Action taken: To be reviewed and return at a later time. Agenda item 14. Any other old/new business, questions or matters from the audience Mayor Coats stated the expressway is scheduled to open in October of this year from here to Goodman Road, will have a ribbon cutting ceremony in either October or November, the Hwy 196 extension or Milton Drive will be finished about the same time which will add an intersection at Hwy 72 for potential commercial, TWRA is building a ramp and parking area at the bridge for people who want to boat down the Wolf River, that should be finished in the next 30 to 60 days. Agenda item 15. Adjournment Action taken: Commissioner Binkley moved to adjourn, seconded by Commissioner Trotter. The Motion received all affirmative votes and the meeting was adjourned at 7:44 p.m. Respectfully submitted, Beverly Holloway, City Recorder Approved: _________________________________date:______________________ 6