Board of Mayor & Commissioners

MINUTES OF REGULAR MEETING PIPERTON BOARD OF MAYOR AND COMMISSIONERS October 15, 2019, 7:00 P.M. The Piperton Board of Mayor and Commissioners met in regular session on October 15, 2019 at 7:00 p.m. at City Hall, with Board members: Vice-Mayor Mike Binkley, Commissioner Preston Trotter, and Commissioner David Crislip present. Mayor Henry Coats and Commissioner Hugh Davis were absent. Finance Director Maria George, Building Official Tommie Johnson, Police Chief Phil Hendricks, City Planner Brett Morgan, City Engineer Harvey Matheny, and City Recorder Beverly Holloway were present. City Attorney Gerald Lawson, City Manager Steve Steinbach and Fire Chief Reed Bullock absent. Those present in the audience were Officer Wilson, Officer Gallo, Vicki Hancock, William Meacham, Liz McCommon, Charles McElwee, Atty. Stephanie Cole (filling in for Mr. Lawson), Carolyn Rhea, Richard Brown (Susan Cox Rep/Dollar General), and Fire Lt. Adam Hursh. Agenda item 1. Call to order, establish quorum Action taken: Vice-Mayor Mike Binkley 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: Charles McElwee led in the opening Prayer and Commissioner Preston Trotter led in the Pledge of Allegiance to the American Flag. Agenda item 3. Any changes to Agenda; Motion to adopt Agenda Action taken: There were no changes to the Agenda, Commissioner Trotter moved to adopt the Agenda, seconded by Commissioner David Crislip. The Motion received all affirmative votes. Agenda item 4. Any changes to the Minutes of the Regular Session of September 17, 2019: Motion to adopt the Minutes of the Regular Session of September 17, 2019 Action taken: There were no changes to the Minutes of the Regular Session of September 17, 2019, Commissioner Trotter moved to approve the Minutes of the Regular Session of September 17, 2019, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 5. Review/approval of Financial Reports, Building Inspector’s Report, Fireman’s Report and Police Report Finance Director Maria George stated we are finishing the first quarter for FY 2020 and revenues are at 26%, sales tax is slightly under 25%, building permits income is strong at 87.6%, cash position in all operating accounts are sound and the savings continue to accumulate with anticipated reductions due to the Public Works Building and the annual paving program that is in progress. Building Official Tommie Johnson stated during the month of September there were 43 total permits with 4 for new single family dwellings, conducted 185 total inspections with 4 code compliance contacts. Fire Lt. Adam Hursh stated during the month of September there were 3 residential permits, 5 rough inspections and 4 final inspections, 7 business safety checks, there were 36 calls inside the City with 8 calls for gas, 277 calls year to date (250 in the City and 27 outside). 1  Police Chief Phil Hendricks stated during the month of September there were 76 dispatched calls, 2 incident reports, 2 arrest reports and 1 vehicle crash reports also EMA gave a basic search & rescue class that the department attended along with some of the Fire Department, the department has completed their in-service training for the year and Officer Gallo has graduated from the transitional school. Action taken: Commissioner Trotter moved to approve all reports, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 6. Consideration of Bid/Bid Award – Ridgewood Grove – Drainage Improvements City Engineer Harvey Matheny stated perhaps this should have been changed to just a discussion item and wanted to let you know where we are on this; we did open bids (3 bids were received) on Friday, October 11th for drainage improvements on lot 21 and the bids came in quite a bit higher than expected which our CIP budget was around $28,000.00 and the low bid was in the neighborhood of $55,000.00 so we are looking at some things to modify on the plans and on the other issue, as you recall we approved drain easement language and that is the agreement we need from the neighboring property owned by Mr. Sepko and we have repeatedly attempted to contract him to see if he is alright with the easement and is willing to sign it but we have had no response so that was part of the package to get that easement signed and if we had that we would move forward with these improvements on lot 21 so we are not bringing anything to you tonight for approval. Action taken: No action taken. Agenda item 7. Recess – hold Public Hearing concerning Ordinance No. 311-19, to amend the Official Zoning Map of the City of Piperton by rezoning from R-C (Rural Conservation) to B-2/PD-O (Minor Planned Commercial/Planned Development Overlay) zoning a total of 2.04 acres of property (Parcel 165 023.01 and a portion of Parcel 165 023.00) known as Meadows Subdivision Lot 2. Action taken: Commissioner Trotter moved to recess, seconded by Commissioner Crislip. The Motion received all affirmative votes. City Planner Brett Morgan stated the Susan B. Cox Development Company is wanting to put a Dollar General on lot 2 of Meadows Subdivision (which are the last two lots heading east on the southside of Hwy 57), the land use map shows this a mixed use area which does allow for a single commercial use provided that it is done as a planned development, the planned development requires a minimum of 2 acres, they are proposing to square off this lot line and lot 2 would become 2.04 acres and lot 1 would be 2.7 acres, both lots are still legal in size for planned developments in the future should lot 1 change, they are under contract provided they receive approvals then this can be rezoned to B-2 with a PD-O provided this Board approves, in August the Planning Commission reviewed this application and approved the Master Development Plan and recommended to the Board approval of the zoning request, according to State Law you must have justification for the rezoning and the justification for this is the area is changing and has changed so much that it does justify or warrant commercial use at this site along with that our land use plan actually provides for it, so those two items together do provide the justification that is needed for a rezoning case. Action taken: Commissioner Trotter moved to reconvene, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 8. Second Reading – Ordinance No. 311-19, to amend the Official Zoning Map of the City of Piperton by rezoning from R-C (Rural Conservation) to B-2/PD-O 2 (Minor Planned Commercial/Planned Development Overlay) zoning a total of 2.04 acres of property (Parcel 165 023.01 and a portion of 023.00) known as Meadows Subdivision Lot 2 Action taken: Commissioner Crislip moved to approve Ordinance No. 311-19 on second reading, seconded by Commissioner Trotter. The Motion received all affirmative votes. Agenda item 9. Recess – hold Public Hearing concerning Ordinance No. 312-19, to amend Title 13, Chapter 1, of the Piperton Municipal Code by the addition of Section 13- 109 related to Parking Regulations Action taken: Commissioner Trotter moved to recess, seconded by Commissioner Crislip. The Motion received all affirmative votes. Stephanie Cole (filling in for City Attorney Gerald Lawson) gave an explanation of Ordinance 312-19. Discussions and questions ensued between the Board, Vicki Hancock and William Meacham. Building Official Tommie Johnson stated the intent of this ordinance is to prevent multiple vehiclesand storage of non-running vehicles for individuals who are operating businesses in residential areas that is the intent, we have a number of them that have 12 or 15 cars sitting in front of the buildings and at the same time you are trying to establish standards for the whole community, we had issues out in Shaws’ Creek such as parking on grass and this ordinance is supposed to address that too, you are supposed to park on the hard surface and that is the intent of it. Mr. Meacham inquired even behind the house. Mr. Johnson replied yes. Mr. Meacham stated that is not what was stated. Mr. Johnson stated what we are addressing was individuals who still may have 8 or 10 cars and if they are going to keep them, they have to put them behind the house and on a hard surface. Mr. Meacham stated that is not what she said because when I ask the question they said no it did not have to be a hard surface, it needs to be written out. Vice-Mayor Binkley stated he doesn’t see where it states you have to be on a paved surface behind the house. Ms. Cole stated it doesn’t say that it has to be paved in the back. Commissioner Trotter states it also doesn’t say an automobile, it has lots of other things but doesn’t specifically say automobiles and that needs to be clarified if it applies to cars. Vice-Mayor Binkley stated it doesn’t even mention cars or on a hard surface in the back. Ms. Cole stated it needs to be clearer with regards to the comments. Commissioner Trotter inquired on grandfather situation such as existing pad with a camper, is that grandfathered or is it disallowed. Mr. Meacham stated if you are wanting to clarify, focus on someone doing a business not some hobbyist working on a car in their backyard. Commissioner Trotter stated it could also be a situations where it is a residential property that needs to be cleaned up. Action taken: Commissioner Trotter moved to reconvene, seconded by Commissioner Crislip. The Motion received all affirmative votes. 3 Agenda item 10. Second Reading – Ordinance No. 312-19, to amend Title 13, Chapter 1, of the Piperton Municipal Code by the addition of Section 13-109 related to Parking Regulations. Action taken: Commissioner Trotter moved to table Ordinance No. 312-19 for more clarification, specifically at whether it applies to cars or situations that may be grandfathered and possibly others that we cannot identify, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 11. Recess – hold Public Hearing concerning Ordinance No. 313-19, to amend Title 13, Chapter 1, of the Piperton Municipal Code by the deletion of the current Section 13-104 and the replacement of Section 13-104 related to Overgrown and Dirty Lots. Action taken: Commissioner Trotter moved to recess, seconded by Commissioner Crislip. The Motion received all affirmative votes. Ms. Cole stated this Ordinance basically states for the purposes of this prohibition, grass of any kind that exceeds 6” in height on a residentially zoned parcel and grass of any kind that exceeds 12” on a nonresidential zoned parcel shall be deemed to violate this section, areas designated by the City as conservation easements or natural areas shall be exempt from the provisions set forth herein but maybe regulated as set forth elsewhere in the code of ordinances, this ordinance includes provisions for enforcement, notice to property owners, clean-up, hearings/appeals, violations/penalties. Mr. Johnson stated the intent of this ordinance is to allow the City to move swiftly on cleaning up lots, and it is mirroring the State law. Action taken: Commissioner Trotter moved to reconvene, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 12. Second Reading, Ordinance No. 313-19, to amend Title 13, Chapter 1, of the Piperton Municipal Code by the deletion of the current Section 13-104 and the replacement of Section 13-104 related to Overgrown and Dirty Lots Action taken: Commissioner Trotter moved to adopt Ordinance No. 313-19 on second reading, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 13. Recess – hold Public Hearing concerning Ordinance No. 314-19, amending the Zoning Ordinance regulation Group Homes Action taken: Commissioner Trotter moved to recess, seconded by Commissioner Crislip. The Motion received all affirmative votes. Mr. Morgan stated 1988 Amended Fair Housing Act provided that City make reasonable accommodations for people with disabilities and also by expanding protections to those people in two different areas (structural and policy); structural being handicap ramps, accessible restrooms, etc. and policy is process by which we do things, our subdivision regulations and zoning ordinances have for years handled the structural side but we haven’t had any policy in regards to that until this addition or amendment to the zoning ordinance in the regulation of these group homes and so we are redefining “Family” to what the State defines a family, and we have add a provision that mirrors the State for Group Homes, and make responsible accommodations for those that don’t meet that definition, must make an application to the Planning Commission who will recommend to the Board of Mayor and Commissioners and the Board shall have authority over the approval or denial of the request. 4  Action taken: Commissioner Trotter moved to reconvene, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 14. Second Reading, Ordinance No. 314-19, amending the Zoning Ordinance regulation Group Homes Action taken: Commissioner Trotter moved to approve Ordinance No. 314-19 on second reading, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 15. Any other old/new business, questions or matters from the audience There was none. Agenda item 16. Adjournment Action taken: Commissioner Trotter made a motion to adjourn the meeting, seconded by Commissioner Crislip. The Motion received all affirmative votes and the meeting was adjourned at 7:49 p.m. Respectfully submitted, Beverly Holloway, City Recorder Approved: _________________________________date:______________________ 5