Board of Mayor & Commissioners

MINUTES OF REGULAR MEETING PIPERTON BOARD OF MAYOR AND COMMISSIONERS November 19, 2019, 7:00 P.M. The Piperton Board of Mayor and Commissioners met in regular session on November 19, 2019 at 7:00 p.m. at City Hall, with Board members: Mayor Henry Coats, Vice-Mayor Mike Binkley, Commissioner Preston Trotter, Commissioner Hugh Davis, and Commissioner David Crislip present. City Manager Steve Steinbach, Finance Director Maria George, Building Official Tommie Johnson, Police Chief Phil Hendricks, Fire Chief Reed Bullock, City Engineer Harvey Matheny, City Attorney Gerald Lawson, and City Recorder Beverly Holloway were present. City Planner Brett Morgan was absent. Those present in the audience were Officer Blevins, Officer Hubbard, Debra Joyner (Fayette Falcon), Cynthia Johnson, Vicki Hancock, William Meacham, Liz McCommon, Charles McElwee, Atty. Stephanie Cole (filling in for Mr. Lawson), Richard Brown (Susan Cox Rep/Dollar General), Phyllis Woodruff, John Wnukowski, Fire Lt. Adam Hursh, Jeff Rice, Firefighter Brian Shoemaker and Firefighter Diamante Jones. Agenda item 1. Call to order, establish quorum Action taken: Mayor Henry 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: Commissioner David Crislip led in the opening Prayer and Mayor Coats 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, Vice-Mayor Mike Binkley moved to adopt the Agenda, seconded by Commissioner Preston Trotter. The Motion received all affirmative votes. Agenda item 4. Any changes to the Minutes of the Regular Session of October 15, 2019: Motion to adopt the Minutes of the Regular Session of October 15, 2019 Action taken: There were no changes to the Minutes of the Regular Session of October 15, 2019, Commissioner Trotter moved to approve the Minutes of the Regular Session of October 15, 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 City Manager Steve Steinbach stated 33% is the number for the fourth month of the fiscal year, major revenue lines are exceeding and property tax are anticipated to start rolling in over the next several months, cash positions are strong across all the funds, likely to encounter expenditures related to overtime-public works, commended Chief Bullock for his management, the new public works building has been beyond a fiasco, we are trying to get a handle on it, we had had issues with dirt, undercut, organic materials, issues with contractors, subcontractors, and wants to see pavement before the holiday break, we are fiscally sound. Building Official Tommie Johnson stated during the month of October there were 31 total permits with 5 permits for new single family dwellings, conducted 245 total inspections with 16 code compliance contacts. 1  Fire Chief Reed Bullock stated during the month of October there were 8 rough inspections and 13 final inspections, 12 business safety checks, there were 28 total calls with 26 inside the City, Calls are 24% over 2018, with 305 calls year to date (276 in the City and 29 outside). In October, Chief Bullock attend the Beyond Hoses and Helmets training in Stillwater, Oklahoma and the Tennessee Fire Chiefs Association Meeting in Nashville, Tennessee, commended Firefighter Brian Shoemaker on his hard work for the Community Risk Reduction Program (which was recognized by the State) for participating in the Fall Festival at Piperton United Methodist Church. Mayor Coats announced the City will have Santa Claus at City Hall on Sunday, December 15th from 1 to 4pm, donations will be taken for the food pantry for one of our local churches. Police Chief Phil Hendricks stated during the month of October there were 67 dispatched calls, 2 incident reports, 2 arrest reports and 2 vehicle crash reports. Action taken: Vice-Mayor Binkley moved to approve all reports, seconded by Commissioner Hugh Davis. The Motion received all affirmative votes. Agenda item 6. Recommendation concerning reduction of Letter of Credit – Twin Lakes Phase 2 City Engineer Harvey Matheny stated this item is a request from the Boyle Investment Company for a letter of credit reduction for Twin Lakes Phase 2, which consists of 21 lots which the Board approved in May 2017 along with the letter of credit in the amount of $183,500.00 which is still in place, the plat was recorded in February 2018 and the surface asphalt has been installed in September 2019 and so they are requesting for the letter of credit to be reduced from $183,500.00 to $25,000.00 which will cover any warranty items that may occur during this final 1 year warranty period. Staff agrees with the request. Action taken: Commissioner Trotter moved to approve the reduction of the Letter of Credit for Phase 2 to $25,000.00, seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 7. Recommendation concerning reduction of Letter of Credit – Twin Lakes Phase 3 Mr. Matheny stated this item is a request from the Boyle Investment Company for a letter of credit reduction for Twin Lakes Phase 3, which consists of 38 lots which the Board approved in February 2019, the improvements have been put in place, the plat was recorded in September 2019 and so they are requesting for the letter of credit to be reduced from $ 100,000.00 to $50,000.00 to cover final surface asphalt which will go down at some point in the future and any defects that may occur. Action taken: Vice-Mayor Binkley moved to approve the reduction of the Letter of Credit for Phase 3 to $50,000.00, seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 8. Development Agreement – Provenance Partners Mr. Matheny stated Provenance was approved in 2008 by the previous developer and subsequent to that in 2015 there was an amendment to the development agreement to change the development entity name to the developer at that time and the project still sat dormant for a number of years and subsequently this amendment before you is to amend the contract to bring it up to date with the current conditions and the current development proposal, there are three things included in this; (1) is to change the official name of the development entity which is now Provenance Partners, a Tennessee General Partnership, (2) within the last year this new developer has gone back to the 2 County to request that the Phase 1 density be increase, the City had approved a subdivision with 19 lots for Phase 1 and the developer has proposed to Fayette County and the City has agreed to subdivide those lots into smaller lots and Phase 1 now consists of 41 lots and development fees are based on the number of lots, and (3) this amendment is to accurately reflect the development for water and sewer which is shown on page 12 of the agreement and on page 15 reflects the sewer line inspection fee of $50.00 per lot and these are summarized on page 21 of the agreement, the total fees are listed less the previous amount paid for the 19 lots that were originally approved so the total new fees for the additional 24 lots is $99,600.00. Mayor Coats inquired about the sewer system capability/capacity. Mr. Matheny stated staff has put this in writing to the County and to the developer that the drip field area is designed for a number of lots so increasing density in Phase 1 is fine but if they continue that same density then ultimately they reach a capacity for that permitted design for the drip field unless they expand the drip field that is the extent of the development that they can do. Mayor Coats stated so we are good for 43 lots. Mr. Matheny stated yes, we are. Commissioner Davis inquired if they have enough space available to add additional drip fields if necessary. Mr. Matheny stated they would have to go to the west which would be on the other side of the creek so it is possible but maybe difficult and they may not be able to fully develop their project if they continue with this same density. Mr. Steinbach stated this is a project that Piperton doesn’t have any regulatory review over, we are functioning in the capacity as a utility provider and we are not set up to function as a utility provider and so we have utility liabilities outside of our corporate boundaries and so our fee schedule requires the developer to pay the entire bulk of the tap fee upfront since we are not issuing building permits. Action taken: Commissioner Davis moved to approve the revised development agreement for Provenance, seconded by Vice-Mayor Binkley. The Motion received all affirmative votes. Agenda item 9. Development Agreement – Dollar General Mr. Matheny stated this item up for consideration is the development agreement with the Susan Cox Development, this is for development of a Dollar General store on Hwy 57 at the eastern city limits, the Planning Commission has approved the site plan for this project and there has also been a corresponding subdivision approval-this is part of Meadows subdivision (2 lots), the interior lot lines was shifted to accommodate the development of this site, both of those sites still meet the requirements for lot size in zoning, this was approved as a minor plan commercial PD-O which has also been approved by this body, on page 21 of the agreement is the summary of the development fees for the project, there is a surety in the amount of $157,000.00 required and that will guarantee the improvements of Hwy 57, the State of Tennessee and the City are in agreement that considerable improvements to Hwy 57 are needed both east and west of the site and along the site frontage too (adding a continuous left turn lane along the property frontage and acceleration and deceleration lanes approaching from both directions). Mayor Coats stated part of the agreement is also when water and sewer become available in the area they will hook up. Mr. Matheny stated that is also part of the conditions for approval, they will be setup for an onsite well for their water usage but the utility plan will be such that when water is extended to that area they can easily connect to it and will be required to 3 connect per this agreement likewise with sewer, their sewer will be a septic system there is an area reserved on the adjoining lot for sewer, while in conversation with the counsel for the developer in reading our standard development agreement some clarification was needed they were essentially interpreting the agreement to say before they could pull a building permit all the highway improvements would have to be completed, and that is not the way we process non-residential properties essentially once the agreement is executed and the letter of credit is in place, the site plans can be signed, the final site plan will be recorded and then the building permit can be issued and the plans for site development can be approved and so staff was asked if we could read into the minutes a statement about the City’s process: Mr. Matheny read the following as per their request: “As stated in the Conditions of Approval (Exhibit B attached to the Contract), an approved Final Site Plan shall be recorded prior to issuance of a building permit. For non-residential site developments, recording of the Final Site plan will occur upon execution of the Development Contract and receipt of all required documents (fees, Letter of Credit, Certificate of Insurance, etc.,) per standard City procedure. Subsequent to these actions and approval of site and building design plans, the Building Permit may be issued and site improvements (public and private / on-site and off-site) may begin.” Action taken: Commissioner Trotter moved to approve the development agreement with Susan Cox Development for Dollar General, seconded by Vice-Mayor Binkley. The Motion received all affirmative votes. Agenda item 10. First Reading – Ordinance No. 315-19, amending the Budget for FY 2019-2020, (First Amendment) for the City of Piperton Mr. Steinbach presented the first budget amendment consisting of revisions to the General Fund (Exhibit A,-increase of $34,884.00), Water Fund (Exhibit B-increase of $51,173.00), and Special Revenue Fund (Street Aid-Exhibit C-increase of $2,000.00), and does anticipate some additional items for second reading and will have a full presentation for the Public Hearing, for the General Fund includes a new item (which is the Pinckney Property due diligence assuming it is the will of the Board for the possible acquisition of that property) in the amount of $15,000.00 for appraisal, phase 1 audit and boundary survey and that number is subject to change, Administration Legal Services, an increase of $10,000.00 in anticipated legal related issues primarily regarding the City’s issue with the County’s proposed adequate facilities tax increase, the rest of the amendment is for employee salaries, FICA, police vehicle maintenance and the new Public Works Building regarding operating utilities, site construction and improvements not previously budgeted, on the Water Fund (Exhibit B)-materials/supplies for numerous emergency water line and related equipment repairs and the 12” water line extension on Patrick Road, and Street Aid (Exhibit C) increase for unexpected repairs to mowers and roller, and so staff recommends approval on first reading. Action taken: Commissioner Trotter moved to approve Ordinance No. 315-19 on first reading, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 11. Resolution No. 19-214, establishing procedure for Change Orders Mr. Steinbach stated the document before you reflects Mr. Matheny efforts to put together a change order policy and this authorizes the City Administrator Officer (City Manager) to approve a percent of the construction budget. Mr. Matheny stated the City Manager may approve any number which do not exceeding $10,000.00 per order or 10% of the original contract value whichever is less, and may not approve orders resulting in a cumulative increase exceeding $50,000.00 or 4 25% of the original contract value whichever is less, there is also a provision for time extensions that can be approved administratively, in addition 25% of the original contract term of sixty days whichever is greater. Action taken: Vice-Mayor Binkley moved to approve Resolution No 19-214, seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 12. 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 Gerald Lawson, City Attorney, stated staff has reviewed and added language, basically this is a parking regulation ordinance, and there is a separate ordinance dealing with junk vehicles and there are two different parts, the first paragraph deals with RVs, boats, camper trailers etc, the second paragraph deals with licensed vehicles that are registered to drive on the street, in summary the first paragraph basically says none of those things can be parked in the front or side yard, they have to be in the rear yard and we clarified some corner lot language because technically a corner lot has 2 front yards, it is not just behind the front of the house it is also behind the side of the house on corner lots, showed the example of a corner lot for the Board and audience’s benefit. Commissioner Trotter stated that by the verbiage in the proposed ordinance any of those items sitting in the back yard don’t even have to be on a paved surface. Mr. Lawson stated the first part of this doesn’t have to be on a paved surface, it just has to be in the rear yard and what has to be on a paved surface is dealing with the second paragraph where if you are parking in the front or side yard-your registered vehicle has to be on a hard surface, this only applies in residential use properties and does not apply to agricultural properties. Mayor Coats inquired anything in the back yard is fine. Mr. Lawson stated anything in the back yard is fine, we are trying to deal with issues in the front and side yard, any vehicle can be parked but not RVs etc. Commissioner Davis inquired how will this be enforce. Mr. Lawson stated this will be enforced by complaint because we don’t have the staff or the ability to go around and police everything in town. Mr. Steinbach stated the previous ordinance was confusing and attempted to stream line it and Tommie’s staff added clarification and there are still questions and will get with staff to further adjust it. Mr. Johnson stated some citizens were concerned about being grandfathered, and we said there is no such thing but in the second page it does address that somewhat and they would have to maintain the gravel or rock. Mr. Steinbach stated if this starts to approach a more coherent regulation that you can live with, we will bring back the final version even though it is on second reading we can continue that and the finished version will be brought back next month after more clarification. Action taken: Vice-Mayor Binkley moved to table Ordinance No. 312-19 until next month, seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 13. First Reading – Ordinance No. 316-19, amending the Zoning Ordinance regulating Accessory Structures Mr. Steinbach stated this is an opinion and recommendation from the Planning Commission, this is a proposed amendment to the accessory structure ordinance dealing with the size of accessory structures, under the current system it is 30% of the principle structure and there was a case before the Planning Commission and this is an 5 attempt for those lots that are larger than a typical urban suburban lot but smaller than five acres, for lots up to 1 ½ acres we are staying at 30% and for lots greater than 1 ½ acres up to 5 acres the proposed number is 40% of that gross floor area and then back to 5 acres which requires approval by this Board for anything exceeding that number, Planning Commission has approved this and recommended it’s adoption by the Board. Action taken: Commissioner Trotter moved to approve Ordinance No. 316-19 on first reading, seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 14. Resolution No. 19-215, authorizing the City of Piperton to participate in the Public Entity Partners’ Property Conservation Matching Grant Program Chief Bullock stated Tennessee Municipal League (the Pool) has a grant program similar to the State Program, it is a 50/50 match and they require that the governing body passes the Resolution, this is for safety and security monies to be spent for the new Public Works Building. Action taken: Commissioner Crislip moved to approve Resolution No. 19-215, seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 15. Any other old/new business, questions or matters from the audience There were none. Agenda item 16. Adjournment Action taken: Vice-Mayor Binkley made a motion to adjourn the meeting, seconded by Commissioner Crislip. The Motion received all affirmative votes and the meeting was adjourned at 8:10 p.m. Respectfully submitted, Beverly Holloway, City Recorder Approved: _________________________________date:______________________ 6