Board of Mayor & Commissioners

MINUTES OF REGULAR MEETING OF THE PIPERTON BOARD OF MAYOR AND COMMISSIONERS February 15, 2022, 6:00 P.M. The Piperton Board of Mayor and Commissioners met in regular session on February 15, 2022 at 6:00 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. City Manager Steve Steinbach, Police Chief Phil Hendricks, Fire Chief Reed Bullock, Finance Director Maria George, Public Works Director Richard Mills, and Building Official Tommie Johnson, City Engineer Harvey Matheny, City Planner Brett Morgan and City Recorder Beverly Holloway were present. Vicki Hancock, William Meacham, Liz McCommon, Letha Granberry, Steve Williams, Carson Hardwick, John McCarty, Linda Coffman, Jim Ragon, Carolyn Rhea (Fayette Falcon), Corey Brady, Wesley Woolridge, Fire Lt Hursh, Officer Raymond, and et al were present in the audience. Agenda item 1. Call to order, establish quorum Action taken: Mayor Henry Coats called the meeting to order at 6:00 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 Vice-Mayor 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 were no changes to the Agenda, Vice-Mayor 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 December 21, 2021 and the Regular Session of January 18, 2022: Motion to adopt the Minutes of the Regular Session of December 21, 2021 and the Minutes of the Regular Session of January 18, 2022 Action taken: There were no changes to the Minutes of the Regular Session of December 21, 2021 and the Regular Session of January 18, 2022, Commissioner Trotter moved to approve the Minutes of the Regular Session of December 21, 2021 and the Minutes of the Regular Session of January 18, 2022, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 5. Review/approval of Financial Reports, Building Inspector’s Report, Public Works Report, Fireman’s Report and Police Report City Manager Steve Steinbach stated we are seven months into FY 2022, our top revenue sources are firmly in the black with some slowdowns in other items but overall the financial statement indicates that we are tracking appropriately and the balance sheet for all the funds are strong across the board and we continue to sweep excess cash into savings. Building Official Tommie Johnson stated during the month of January we issued 48 total permits, 10 permits for new single dwellings, conducted 111 inspections, and handled 9 code compliance issues. Public Works Director Richard Mills stated we received a nice in-depth preliminary report from JR Wauford on the Waste Water Treatment Plant and that is currently under review, also spoke with Scott (Spirit Architect) and we should have a full set of schematics for the Pinckney house within the next couple of weeks. The Shaws Creek Drainage Report has been received from Josh with McCarty Granberry and is being reviewed, during the ice storm 1 we had one major tree on Hwy 196 fall across the road, Public Works employees along with the Fire Department cleared the road, Team Waste came out Saturday and picked up Meadowlark subdivision’s storm debris as well as a good portion of Piperton Farms, about a 160 cubic yards of debris was picked up on Saturday and hopes to have another truck come in one day this week to finish removing debris. The sewer flow going to Rossville was 51.44%, that is an average of 41,151 gallons a day, and there were 72 work orders for January with 3 still pending and there were 96 Tennessee 811 locates last month. Mayor Coats thanked everyone in Public Works, the Fire Department and the Police Department for everything done during the ice storm situation, you did a good job getting things cleaned up and I appreciate it. Fire Chief Reed Bullock stated for the month of January, there were 15 residential permits issued, 43 total calls (39 in the City), calls listed in red font indicate multiple incidents at the same time and that is beginning to become a frequent occurrence, 5 motor vehicles crashed on I-269, 2 grass fires, and 2 structure fires. Police Chief Phil Hendricks stated in the month of January, there were 39 dispatched calls, 1 incident reports, 0 arrest and 1 motor vehicle crashes, and recruit Spurlock is scheduled to graduate on March 3rd and another candidate has completed the interview process, we are in the process of background screening and do anticipate hiring and enrolling him in the March class. There are currently 10 vehicles in the fleet and the Board had authorized replacement of two of those vehicles this year, vehicle 31 and 32 which are 2013 will be replaced with 2021 Ford Explorers. Action taken: Vice-Mayor Binkley moved to approve all reports, seconded by Commissioner Trotter. The Motion received all affirmative votes. Agenda item 6: Presentation of the FY 2021 Audit Results/Ms. Linda Coffman Linda Coffman, Linda’s Accounting Firm, gave an overview of the 2021 audit report, stating all financial statements and all materials are presented fairly according to the general accepted accounting principles. Agenda item 7. Wilson Accessory Structure Application – Application for 2,400 s.f. garage/workshop City Planner Brett Morgan stated Mr. Lowell Wilson of 990 Ballard Road is seeking approval of approximately 2,400 s.f. accessory structure (barn/garage/workshop) on the 37.4 acre parcel on which they are currently building a primary residence, the proposed structure is located approximately 725’ off Ballard Road and is approximately 115’ east of the adjacent Twin Lakes CD-O, this structure came before the Planning Commission last week where height and material samples were reviewed and was approved and recommended to this body, and any structures over 1,200 s.f. has to come before this body, this structure meets all front and side yard setback requirements of the R-C zoning district. Action taken: Vice-Mayor Binkley moved to approve the Wilson Accessory Structure Application, seconded by Commissioner Crislip. The Motion received all affirmative votes. Agenda item 8. First Reading Ordinance No. 350-22, amending the Master Development Plan of the Lakes of Greenbrier CD-O, previously established by Ordinance No. 94.06 Mr. Morgan stated this was taken up by the Planning Commission in January and subsequently recommended to this Board, the application is being made by Baruk Properties to amend the Master Development Plan that was initially established under Ordinance No. 94-06 to increase the density of phases 3 and 4, the Lakes of Greenbrier was initially approved for 127 lots, 56 of those lots were built in phases 1 and 2 which left 71 lots that were entitled to be approved in phases 3 and 4, since that time the City has updated its CD-O Ordinance allowing for greater density if the development is hooked to centralized sewer system and we have a 2 planned sewer which will be part of the construction of phases 3 and 4 and with that they wanted to increase their density and they have increased their density by a total of 31 lots to bring the overall count for phases 3 and 4 from 71 to 102 lots, this has come about after some length of time of meeting with the existing neighborhood as to construction traffic and how to deal with it, one of the things negotiated with the existing residences of the neighborhood was to cutoff this secondary access across the creek and there was need also to try to prevent construction traffic from coming through the existing development and the application looked at using the Shelby Drive alignment that becomes Patrick Drive but that didn’t work out and so they are looking at a second place for the construction road which is coming off of a cul-de-sac into property that fronts onto Hwy 196, and I have an email from the owners stating that they are good with this construction road easement although the easement has not been executed at this time and part of the reason it hasn’t been executed is they are currently in negotiation to purchase this property and if that goes through the easement will not be needed and would suggest before second reading to know if this was going to transfer or have an executed easement agreement in place. Mayor Coats inquire of Corey Brady, if they were purchasing both sets of properties or just the one. Corey Brady stated both of the properties and they are currently under survey right now. Action taken: Commissioner Trotter moved to approve Ordinance No. 350-22 on first reading, seconded by Commissioner Hugh Davis. The Motion received all affirmative votes. Agenda item 9. First Reading, Ordinance No. 351-22, amending the official Zoning Map of the City of Piperton by rezoning a total of 20.77 acres of property being a portion of Piperton Business Center Phase 1 subdivision (Lots 2-7) from B-2 (Minor Planned Commercial) to B-2, O/PD-O (Minor Planned Commercial, Office/Planned Development Overlay) zoning and Know as the Piperton Business Center Phase 1 PD-O Mr. Morgan stated PBC Investments L.P. is seeking to rezone a portion of the Piperton Business Center Phase 1 subdivision from B-2 (Minor Planned Commercial) to a PD-O (Planned Development Overlay) district, the PD-O will maintain B-2 as its base district but will also add O (Office) as a base district, and this rezoning affects lots 2-7 of the subdivision and is approximately 20.7 acres and there has been interest in purchasing lots within the Piperton Business Center for uses that are not strictly commercial uses a more minor industrial type uses and the PD-O allows some of those uses to be within while keeping the ability to do commercial development, the Planning Commission approved and recommended it to this Board in their January 11th meeting, the Ordinance does have a list of uses the applicant wants to allow and anything not on the list would be excluded. Action taken: Vice-Mayor Binkley moved to approve Ordinance No. 351-22 on first reading, seconded by Commissioner Trotter. The Motion received all affirmative votes. Agenda item 10. First Reading Ordinance No. 352-22, amending the official Zoning Map of the City of Piperton by rezoning 3.20 acres of property (Parcel 164 070.00) from R-1(Low Density Residential) zoning and 2.81 acres of property (Parcel 164 069.00) from B-2 (Minor Planned Commercial) zoning to B-2/PD-O (Minor Planned Commercial/Planned Development Overlay) zoning being a total of 6.01 acres of property known as the Bank of Fayette County PD-O Mr. Morgan stated for the record, the agenda header is incorrect, it has been updated and should be a total 6.01 acres now and the other information is the same. The Bank of Fayette County is located at Hwy 57 and Hwy 196 at the northeast corner and they have purchased property that is zoned R-1 residential behind the bank and wants to use this 3 existing structure with a garage for temporary overflow office space, when they came in asking for B-2, one of the things we immediately discovered was that the lot is actually non- conforming for R-1 zoning district regarding setbacks and it is certainly not conforming for a B- 2 zoning district but with a PD-O overlay over all of this we can allow this setback and the use for overflow office space until such time the Bank decides what it’s going to fully do with the property as far as improvements of the bank itself and the PD-O allows for a smaller setback and allows for up to seven employees to use existing structure for overflow office space, the Planning Commission did approve this at the January meeting with the caveat being with the PD-O you must have a master development plan, the plan as is sits is the master development plan but should anything be done to this structure (major renovation or tear it down) or anything to that effect the condition is that the master development plan for the overall PD-O would have to be amended prior to that happening and this is a temporary fix for them for now should things change they would bring it back in, they did reach out to the neighborhood and of the neighbors that responded they were happy that the house was to be used again and the secondary application to this was a change to the land use map which is a Planning Commission function, the applicant is requesting this to O (Office) and the Planning Commission did approve that and a resolution will be before the Planning Commission at next month’s meeting before second reading of this application. Action taken: Commissioner Crislip moved to approve Ordinance No. 352-22 on first reading, seconded by Commissioner Trotter. The Motion received all affirmative votes. Agenda item 11. First Reading Ordinance No. 353-22, amending the Budget for FY 2021-22, (Second Amendment) for the City of Piperton Mr. Steinbach stated this is the second amendment to the FY 2022 budget and I will have a full presentation at the second reading, the proposed budget amendment addresses our General Fund (Exhibit A), Water Fund (Exhibit B), Sewer Fund (Exhibit C), Special Revenue Fund (Street Aid-Exhibit D) and Special Revenue Fund (Sanitation-Exhibit E) and for the most part I would characterize the majority of these as employee compensation based on the covid pandemic as the Board approved, with minor adjustments to operating expenditure items that needed to be tweaked as a result of increased activity whether it be medical calls in the Fire Department or certainly Public Works operations and there are two significant capital additions, one is in the General Fund for the Community Drainage Repairs (issues on going in Shaws Creek) but I anticipate and will propose that as an ongoing annual line item as we continue to urbanize we will experience more drainage problems and additional I will propose an increase in our development fees or adjustment to accommodate drainage fees and the other is the SCADA system (the alarm on all of our critical infrastructure related items-water tower and/or our sewer systems to alert Public Works when and if certain issues accrue in terms of mechanical breakdowns) and you will see SCADA in the Water Fund which is applicable to the water tower and SCADA in the Sewer Fund is applicable to the various pump stations is our network and we have also made adjustments to our Water and Sewer purchase and again that is challenging and tricky at the beginning of each fiscal year and these are the dollars we pay Rossville, Collierville and Marshall Utilities so there is an increase in these and this reflecting the expenditure side of that, and on the Special Revenue Fund for Street Aid reflects more street lights and utilities and the Board needs to set forth a policy with the help of staff on that as we move forward on the lighting and so it is additional utility cost for that and lastly in the Garbage Fund we have appropriated additional money for the storm debris pickup as mentioned in Richard’s presentation. Action taken: Vice-Mayor Binkley moved to approve Ordinance No. 353-22 on first reading, seconded by Commissioner Davis. The Motion received all affirmative votes. 4 Agenda item 12. Waste Connections – 2022 Piperton Solid Waste Rate Adjustment and recommended action Mr. Mills stated we received notification from Waste Connection that our garbage and recycling rate will be increasing, and after our review there will be a recommended increase at the next Board meeting. Vice-Mayor Binkley inquired when the contract renews to which Mr. Mills stated 2024. Commissioner Trotter stated this is just a fuel adjustment to which Mr. Mills stated it is a CIP increase that they can increase their rates by 5% and we didn’t receive a garbage rate increase last year but we did received a small recycling increase but the maximum is 5% for garbage. Vice-Mayor Binkley stated we have covered all of the increases in the past. Mr. Steinbach stated we have absorbed all the increases in the past and we are still in a position that we are putting back money and we have got to be observant of that and staff will propose a rate increase we are just looking at the margins now to make sure we are not in red on any particular line item as we are on additional carts and so it needs to be rebalanced. Mayor Coats stated to take in consideration there may be more ice storms and that is one of the main reasons we put money back is to cover the cost of clean-up. Agenda item 13. Consideration of Professional Services Agreement for FY 2022 Audit (Linda’s Accounting Firm) Mr. Steinbach stated staff recommends her, she provides a good service to the City. Action taken: Vice-Mayor Binkley moved to approve the Professional Services Agreement for FY 2022 Audit (Linda’s Accounting Firm), seconded by Commissioner Davis. The Motion received all affirmative votes. Agenda item 14. Any other old/new business, questions or matters from the audience Mr. William Meacham inquired of the status on Meadowlarks’ light, there is one that is completely out and they were supposed to be replaced with LED lights. Mayor Coats stated it is scheduled for next month, let us know if not done. Mr. Meacham stated on the recycling, neighbors had the can at the street on pickup day and it was not picked up so on Sunday the cans were removed and the truck comes on Thursday doing like a bat out of Hades and the cans weren’t out there so they are not fulfilling their part. Mayor Coats stated they need to call in and complain, give the location where the service wasn’t pickup and then they should come back and get it. Commissioner Davis stated we were talking several months ago about putting additional space on one side of the road, I hope we haven’t spent a dime yet and you may want to take a look at it, I am out there on Keough every day, several times a day and I see who is walking, who is running and riding a bike, people don’t like to be told to do anything anymore and you tell someone not to walk in the street and they tell you it is their right to walk wherever they want to walk so the City should put a sign out there saying we are not responsible for anybody and here is the point-the gates were opened at the proposed new subdivision down there and there are cameras up down there also and we have been looking at people who walk their dogs, jog and they are in the dozens, they don’t come up Keough Road, if we want to do something meaningful since the Lakes of Greenbrier is down there and we also have Piperton Preserve and those people are the people that use that and there is a lady that walks her dog and I see her and another guy with a dog that walk all the way out to 196 and if we want to use City funds and do a good job we should consider the drain field, we have been talking about when that is gone, dividing it and see if the subdivisions want it, why don’t you just put a little walking trail down there and a dog park and save some money, there is enough room at the end of Keough for gravel and parking and we have the money but why 5 waste it to put 4 feet of asphalt running a hundred yards down the road for a handful of folks. It just doesn’t make sense to me and I put a memo out to each commissioner and I will resend it out, it doesn’t make sense we have changed the speed limit down there but there is not enough people walking down there and in Piperton Preserve they have sidewalks so who are we putting 4 feet of asphalt for, we have the money in the park fund and take some of that money and put it down at the end of Keough-a beautiful park where folks can walk their dogs and jog and keep them off the street. Mayor Coats stated we need to do a little more research with the citizens with the Lakes of Greenbrier and Piperton Preserve, eventually we will have bicycle trails everywhere and that includes widening the road, I don’t want to widen the road all the way to 196 but I think between Lakes of Greenbrier and Parkview we need to take a survey of who is interested and who is not, there should not be that much money involved in that stretch and the residents may say we don’t want it if we build a park but we should definitely research if. Commissioner Davis stated it should be on the agenda and have staff looking at it because to me it just doesn’t make sense if we had dozens of people down there jogging or riding bikes then I could see it but I am standing there looking at them and I know it is winter time but even in the summer it is the same people that walk pets walk them all the time whether it is cold or hot, I get it with the bike lanes but we are in a very treacherous area with Hwy 196, Hwy 57 and the highways but back in our communities to put a bike lane in – we only have a handful of streets you can even put it on, I want to see some action on it and I agree with the Mayor that we should look at it some more before we go spend some money and if we asked the residences it has to be a preponderance of folks response not just 7 or 8 people because we have residences that don’t care just as long as you do something but just don’t tell them what to do, let’s do something that makes sense. Commissioner Crislip stated people do ride that road and I ride that road on a bike to go up to Collierville and ride to the square. Agenda item 15. Adjournment Action taken: Vice-Mayor Binkley made a motion to adjourn the meeting, seconded by Commissioner Trotter. The Motion received all affirmative votes and the meeting was adjourned at 6:59 p.m. Respectfully submitted, Beverly Holloway, City Recorder Approved: _________________________________date:______________________ 6