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BMA in Brief – August 12, 2019

To help you stay informed we will do our best to provide high level summaries for the bi-monthly Board of Mayor and Aldermen (BMA) meetings. These summaries will be fact based with a focus on key items covered in the meetings and summaries of the votes taken. Where needed we will cover important discussions individually.

The supporting documents provided to the Alderman can be found by clicking here.

The full meeting can be viewed on YouTube by clicking here.

The agenda was amended to move item 16. Apartment Moratorium to item 10.(a). Item 10 was moved to item 10.(b). Item 15. was moved to the preliminary agenda and itme k. On the preliminary agenda was moved to item 16. of the agenda.

6. Citizens to be Heard (11:51) – Six residents came forward to address the board. Three spoke against apartments, two spoke against residential sprinkler requirements and one spoke against the Farmington Park rules.

9. Preliminary Agenda (39:17) – Passed (5-0)

10(a). Resolution 19R08 – Apartment Moratorium (41:18) – A summary of the timeline and history of the existing moratorium and the research completed during that time frame. The proposed resolution is based on feedback from the board at the work session. The resolution ask the planning commission to review changes removing stand alone apartments from smart growth areas and establish smart growth guild lines to retain value and minimize impact on city resources. It also places a 6 month moratorium on stand alone apartments. Alderman Sanders proposed extending the moratorium on all apartments, not just stand alone. This motion failed. Alderman Sanders also moved to change the wording to require the vertical integration apartments would requires a mix of uses in the actual building. Alderman Owens wanted the planning commission to consider this as part of their work as well as a percentage of the development. This motion failed. Alderman Sanders also asked for a motion to define “Stand alone” and “single use” terms in the ordinance, that motion passed. Alderman Massey made the motion to substitute the wording of the moratorium with the wording of the original moratorium. That motion failed. Discussion was extensive. The amended resolution was Approved (5-0)

10(b). Ordinance 2019-11 Amendment to Fire Prevention Ordinance – Third and Final Reading (1:22:33) – The ordinance to adopt a new fire code based on the 2015 international fire code. The state of TN currently uses the 2012 international fire code. The proposed code added requirements for sprinklers on dead end streets over 750 feet. There are also additional items to address safety of food trucks. It includes the ability for the BMA to establish a board of appeals for rulings of the Fire Marshal. Alderman Owens proposed changing the cul-de-sac radius from 96 back to 90 feet. That motion passed. Alderman Owens made a motion to change the length of the dead end street to 750 and up to 1,200 if homes are protected by sprinkler systems and/or alternate access. That amendment passed. The amendment to the ordinance was Approved (4-1)

11. Ordinance 2019-12 Amendment to Fire Prevention Ordinance (Residential Sprinklers) – Third and Final Reading (1:49:00) – A representative of the Home Builders Association spoke against adoption of the code. The second individual spoke in favor of the proposed change. This item supports the adoption of the 2015 fire code. The code requires sprinklers for new homes over 5,000 square feet vs. the current requirement of 7,500 square feet. It would require sprinkler systems in zero lot line homes with distances of less than 20 feet between homes. The chief addressed directly addressed questions and some claims made during the last meeting. He listed peer city standards for sprinkler requirements around Shelby county and the state of Tennessee. Alderman Owens moved to amend the coded to change square footage for sprinkler requirements from 5,000 to 5,500 square feet to match Collierville’s code. That amendment was approved. Approved (4-1)

12. Ordinance 2019-13 Amendment to Subdivision Ordinance (Streets) – Second Reading Vote (2:05:19) – The vote on this item was postponed in the last meeting. This amendment brings the design standards up to those required in the fire code. This changed the length of dead ends from 1,200 foot to 750 feet and allowing for a depth of cover of 150 feet vs. 400 and the paved cul-de-sac radius should be 96 feet vs. current standard of 90 feet. This does not remove the ability for exemptions to be requested. There was no discussion. Approved (5-0)

13. Change Order No. 1 & 2 – Emergency Sewer Repair (2:05:57) – Public Works Director Bo Mills presented the anticipated changes discussed in the 7/22 meeting. Alderman Sanders asked questions about the timeline of the approvals. The change order was Approved (5-0)

14. Emergency Purchase – Kimbrough Pumping Station Debris Removal (2:12:02) – This work is for the debris that entered the system, estimated at over 30 truck loads of dirt and debris. The work was started by a vendor but cut off due to the City of Memphis stepping in to perform the work. The work is estimated at $193K but will come in lower depending on the efforts by the City of Memphis. Approved (5-0)

16. Purchase – Repair to Well No. 9 at the Johnson Rd. Water Treatment Plant (2:15:10) – Requesting authorization for repairs and reinstallation of Johnson Rd. Well No. 9. for $71,869. This contract piggybacks off an agreement with Dyersburg TN. This well generates 1,800 gal/min and is on of the generator backed up wells that provide water in the event of a power outage. Approved (5-0)

17. Beer Board (2:23:39) – Stoney River was cited for serving to a minor. This was a first time offense for Stoney River. They admitted Guilt and were fined $750. Swankey’s taco shop was cited for serving to a minor. This was a first time offense and they admitted guilt and were fined $750.

BMA in Brief (Board Retreat) – February 23, 2019

The BMA meet for a retreat session in the Economic and Community Development building on Saturday, February 23. No votes were taken and the meeting was not streamed via the usual methods. The meeting ran the full four hours.

Water Tower Discussion – Public Works Director Bo Mills and Assistant Director Andy Sanders gave a presentation about the need for an additional water tower. The discussion centered around the lack of a back up for the current water tower. Several risks associated with the lack of a back up tower included lack of fire support, air in the water mains causing damage to city and residential plumbing, and health risk associated with air bringing bacteria into the system. Sites were discussed including the new school and Forest Hill Irene south of Winchester. Alternatives were also discussed including an underground pumping system. We will write a separate blog post covering the details of this topic.

Sales Tax Issues – Discussion revolved around the state’s allocation of sales tax revenues. Issues were raised about the allocation of taxes collected via internet sales. The Tennessee Municipal League, a group of municipalities that advocate together at the state level, has submitted legislation to address the concerns of cities like Germantown. Germantown actually worked on similar legislation in prior years but lacked broader support across the state to see it approved. This will be a key item in the city’s legislative agenda in Nashville this year.

Legal Update – This was a closed door session for city officials only. The media and community members were required to step out of the room and remove their cameras.

Germantown Country Club – Parks and Recreation Director Pam Beasley gave a summary of the discussion held by the team that pulled together the Parks Master Plan. They met a couple of weeks ago to discuss the desire of the community to purchase the land and potential uses for the land. The group recommended purchase of the land however, potential uses would be decided after the purchase. The city has ordered an appraisal of the land and plans to respond to an RFP (Request for Proposal or Bid process) from the trustee of the land. This process will happen quickly over the next month or two. The city’s capacity to issue debt to purchase this land was also discussed. The Parks and Recreation Commission and Financial Advisory Commission will meet to address concerns in the coming weeks.

CIP & School Projects – The city has requested departments provide their proposed projects for the FY20 budget. There are 42 projects that have been submitted as part of this process and they will be prioritized in coming budget discussion. There is a work session scheduled for CIP (Capital Improvement Program) on March 27. There are several projects on the CIP list that will be dependent on prioritization by the MPO (Metropolitan Planning Organization). The MPO is the local government organization that prioritizes Federal funds for municipal project. As we reported earlier the city has made its list of requests for State and Federal funding and should receive the approved list in late May or June. The initial FY20 request for school projects total $7.2M including an expansion to Houston Middle School. The cost for the expansion at HMS were originally estimated to be $5M but need to be updated as construction costs have increased since the project was first put on the 5 year CIP plan. The city is also funding $200K per year for the next 5 years for the Houston High Field House. Other GMSD requests for FY20 include another $500K for security upgrades ($500K was spent in FY19) and $1.5M for boiler upgrades to Riverdale. To facilitate alignment Jason Huisman, the Assistant City Administrator, sits on the facilities committee for GMSD. The city is working with GMSD to build out their 5 year CIP needs and make sure the budget includes their requests.

Rules of Engagement – The only discussion on this topic was the mention of an orientation session with the new Parliamentarian, which will be on Monday before the BMA meeting.

Moratorium Update – This update was brief as it began with about 20 minutes left in the four hour session. No results were presented. Staff discussed that the focus had been on four major areas: Schools, Public Safety, Fire/EMS and Infrastructure/Transportation Systems. The city has gathered a lot of data and is working to process it into impact by district, not just an all up city level. Legal Counsel advised the Aldermen that any actions taken should be in line with or supported by the data. The Attorney cited that courts recently held that Covington’s apartment moratorium violated the Fair Housing Act as it wasn’t supported by the type of analysis currently being done by Germantown. Staff stated that the goal is to present the results from the study in April or May.

Sneak Peek at Thornwood

The Thornwood open house offered a glimpse into the sense of community that a mixed use development can generate. Food trucks and live music added to the festive atmosphere as curious residents and potential tenants toured the model units open to the community.

There were four apartments open for viewing in the “Residence” building. The model floor plans included two each of their one bedroom and two bedroom units. The building is still very much under construction and scheduled to be completed in March from what one volunteer told me. While the demo units had flooring installed, the main hallways were still under construction and likely will not have their final touches until all the units are complete.

The finishes were high end with solid surface counters, stainless steel appliances and walk in showers. Each unit had an open floor plan with clear views between the kitchen and living areas. All of the units featured laundry, the larger units had full size washer and dryers. One of the two bedroom units features a “sun room”, a great place for avid readers to relax with some natural light.

The units in the “Market Row Lofts” were larger and had higher end finishes. These units were not quite finished, lacking counter tops and sinks but you could tell the cabinets and fixtures in place were even higher than those of the “Residence.” The large windows brought in lots of natural light. My wife and I were amazed at how quiet the units were given the traffic right outside the windows. There were two units open for inspection. These units are directly above the retail space on Neshoba and Germantown Road.

The “Loft” units included two bedrooms and laundry rooms. One had an office space off the entry. Both featured large closets and good storage space.

It will be nice to see when these units are complete with all their finishes. We met a couple touring the facility that plans to move into the residence in March. They have a unit reserved on the 4th floor which should offer great views of the area. They will have the convenience of this prime location. They are walking distance to GPAC (and the new Grove), GAC and all the great programming that goes on in Municipal Park. This retired couple is looking forward to the convenience offered by the combination of uses and location of Thornwood.

When you are in the middle of this development you don’t feel like A major high way is on the other side of the buildings. This is an exciting addition to our community. I hope we see some good programming that makes use of the green space in the middle of this area. While it is not huge (.34 acres), it is a great spot for some more intimate performances.

The added benefit to our community comes in the form of tax dollars. This commercial real estate is tax at a 40% assessment vs. the 25% assessment on residential. All totaled the estimated revenues from this 12 acres of land (or 0.002% of the total area of Germantown) are projected at $1.5m annually. For perspective, that’s enough to service the debt on our new school every year, buy a new fire truck or pave 3-4 miles of roads.

Be always sure you are right, then go ahead!

I was recently listening to an audio book and the author cited one of his favorite quotes as being from Davy Crockett. Crockett, the famous Tennessean who served in Congress and lost his life in the battle at the Alamo was known for saying “Be always sure you are right, then go ahead!” I have heard that before but it really stuck with me this time.

We are in a political environment that is full of contradicting information and some flat out lies. It is incumbent on us as voters to wade through all this information and try to discern what is truth. We at the Germantown Voice are working together to lay out some of the key items we see as hot button issues either called out by candidates themselves or championed on social media.

First and foremost, we recommend watching the Germantown Chamber of Commerce Candidate Forum. At nearly two hours it is long but it is worth your time to be an informed voter. The program begins with the Alderman and then transitions to interviews with each of the Mayoral candidates. Be open minded and listen to both candidates.

Listening to Citizens – There is a narrative that says that certain candidates are not listening to citizens. Have you reached out to your officials directly? You might find they are very responsive. Did you know that the long term plans you hear referenced (including Forward 2020 & 2030) are all citizen led? Those plans were not just a handful of people either: they included over 1,000 participants in task forces and public meetings. The commissions that approve initial concepts for projects are all citizen led. All these meetings are open to the public, many are available on YouTube though the Germantown Municipal Television page.

Development – In general, there is a perception that the city is “pushing” development. Let’s be clear – the city doesn’t solicit development. If you listen to this YouTube video taken from the public hearing on the rezoning of the Cordova Triangle, you can hear the property owner clearly state that developers are approaching them with projects. They continue to approach the land owners even with the moratorium in place. Development is happening because land owners and developers see value in Germantown. Can you blame them? Look at the success of Trader Joe’s and Whole Foods. Check out the lines at Rise and the new Apple store. So be careful when someone tells you the Mayor and Aldermen are pushing development. Be sure you understand where the demand comes from. The Commission, Mayor and Aldermen are all performing their roles as checks and balances to the system to be sure proposals meet zoning, codes and overall vision of the city. There is a lot to discuss about the value of being sure we grow the right way and we will add to that conversation.

Smart Growth – This concept is limited to very specific areas of the city. The intention is to maximize the property tax and sales tax generation for these targeted areas like the central business district (think Poplar and Germantown Rd) and the Western Gateway (think Poplar and Kirby). These areas are already commercial but, in many cases have 40+ year old retail space in need of updating. The intent is to make sure those updates help generate more tax revenue thus reducing the dependence on residential property tax. Did you know that the taxable property on the 9.7 acres of Travure will be valued well over $30m when done? You would have to develop nearly 100 homes on 1/4 acre lots valued at $500k to generate the same tax revenue. And my estimates of value are likely very low. The incomplete office building was assessed at $10m in FY18 and the hotel will be worth north of $15m when complete. There is a whole other parcel to be developed as well. That also doesn’t include any sales or hotel taxes generated there.

Apartments – We have all seen plenty on this topic. There are TV ads claiming that 1,200 apartments have been added to our “Fair City.” That is false any way you look at it. As of today, the only fully approved and under construction apartments are Thornwood with 276 units. Thornwood is the first new apartment complex in Germantown in nearly 20 years. You may see a map of developments around the city that cite other projects in the approval process but it is important to know the facts about each of these.

Watermark was voted down 4-1 by the BMA (284 Units). However, the developer is suing the city.
Viridian (310 units) is concept phase only and requires additional reviews with the planning commission and BMA approval. This project has not moved forward at all (despite what you may read in come social media groups) and will get tremendous scrutiny when it does.
Arthur Property (Saddle Creek 265 units) is approved in concept phase only.
Parc (371 Units) withdrawn by applicant, not under consideration.

Portables – The fact is that the new elementary school will address all of our capacity needs at the elementary level. Depending on transition plans with the new school, portables could be gone as early as next year. Any candidate that tells you they will do it faster should probably run for school board as they don’t have the authority to change zoning or enrollment plans that would be necessary to facilitate that change. The city has been working with the GMSD Board of Education to address this problem since day one. Twenty-five portables were removed at Riverdale and the remainder will be gone from Farmington and Dogwood within the year.

Taxes – Claims of 45% increases over the last 4 years are just wrong and frankly out of context. By their math your tax rates are actual down since 1990 when the rate was $2.16. Do you pay more taxes than you did in 1990?Of course you do, that is why context matters.

Read our series on Tax Rate Truth (Part 1, Part 2, Part 3, Part 4)for full details about what the increase really is and the story around why your taxes have gone up. In the last 4 years, we have added a brand new school system, helped address deferred maintenance of the all schools ($26M reduced to $11M), added a police district, seen our fire department upgraded to ISO Class One and invested in our parks and greenways. We get tremendous value for our dollars as our rates are less than half that of Memphis and our services and amenities the best in the region.

“Hold the Line on Taxes” – The annual budget process includes a 5-year projection that helps anticipate the timing of potential tax rate increases. This year the City Administrator projected we should get at 5 more years out of our current rate meaning that whomever is mayor will likely not have to raise taxes in the next term. Listen to it here.

Growth of City Staff – Did you know that in 2000 the city had 400 full time employees? In FY19, we now have 406, including 40 additional first responders. This illustrates the gains in efficiency in running city operations while shifting resources to important areas like fire and police.

Streetscape – You may have seen plans float around for Streetscape work on Exeter. This like many other issues is intended to be a wedge issue that divides the community. This issue was so misrepresented that the city had to issue a statement to clarify the status of the streetscape project. Read the truth here, straight from the city of Germantown. This project is not actively being worked and will require significant community input before anything is approved.

Carrefour – This property was built in 1973 and has had two major remodels over the years. The developer is seeking to rework this property in three phases. If you listen to the candidate forums it appears that nearly everyone agrees that that property needs to be remodeled, even John Barzizza doesn’t seem against the idea of apartments being included as part of this project. He clearly points out that this is different than a stand-alone complex off Winchester (Listen Here). By the way, there are no fully approved projects off Winchester despite his statement.

Cell Phone Coverage – This is another attempt to create a wedge issue. Did you know the laws regarding cell towers in Germantown have been changed already? Did you know the city does not own cell towers? The carriers and their partners own them. The City has approved a new tower on the Wolf River Greenline, another at Madonna Learning Center on Poplar, added cell boosters to the schools and increased the allowable height of towers, all to improve coverage in Germantown. Now the carriers need to make their investments, or would you like your tax dollars to subsidize their profits?

Blogs – Like the Germantown Voice, Shining a Light is an opinion blog. It presents some factual information that supports a point of view. Our blog does the same. We try to offer perspective to the community. We don’t all have time to watch BMA meetings or attend commissions, but wouldn’t it be great if we did? Read a diverse perspective but keep in mind that stories can pick and choose what they include. That is why we recommend listening to the Candidate Forum above. You can hear directly from the candidates, side by side answering the same questions.

Social Media Leadership – Is your expectation that elected officials monitor social media and seek out to engage in every post? That would literally be a full-time job. Yes, major issues on social media do get the attention of your officials but usually because someone contacts them directly to start the discussion. Leading via social media is one step away from mob rule as often times the loudest voices may not represent the majority.

Germantown Bulletin Board – Did you know that the group that administers this Board, which reaches 13,000 people, is made up of open supporters of John Barzizza’s “Team?” One admin is also campaign manager for a school board candidate (Brian Curry), and is campaign manager or has done campaign work for two alderman candidates (Scott Sanders and Jeff Brown) and Mayoral candidate John Barzizza? To our knowledge there is no political diversity among this group. That matters because they approve all the new posts and moderate discussion. Originally political discussion was not permitted on that forum, now it doesn’t take long for any topic to turn political. Just something to keep in mind when reading posts in that group.

We will close with this final and appropriate quote from Davy Crockett: “I am at liberty to vote as my conscience and judgment dictates to be right.”

Correction 12/18/18: A previous version of this article stated that Brian Curry and Angela Griffith employed the same campaign manager. This evening Mrs. Griffith informed me that she did not use the same campaign manager referred to above. Apologies to Mrs. Griffith for the misunderstanding. The mistake stems from the fact that her financial disclosures indicate she purchased her campaign sings through Mr. Curry’s campaign manager.