BMA in Brief – June 24, 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 video for this meeting can be found on YouTube by clicking here. Technical difficulties resulted in the YouTube video cutting off shortly after the FY20 budget discussion was completed. The full stream of this meeting can be watched on the city’s web page by following this link. The meeting run time was 2 hours and 57 minutes.

In executive session the agenda was amended to move items a. and j. to the regular agenda. Item 20 was moved to the preliminary agenda.

6. Citizens to be Heard (15:04) Three citizens came forward to address the board. One on the recent flood and the potential purchase of Germantown Country Club, one on Germantown Helps and the final was a representative from Sen. Brian Kelsey’s office speaking to his efforts to get flood assistance from the State.

9. Beer Board (30:21) Permit to allow sale of beer for on-premise consumption at Tandem Restaurant. Approved (5-0)

10. Warrant – Thornwood Phase 5 (Moondance patio) (34:00) The proposal is for a warrant to allow Moondance to install a four season patio on the south east side of their restaurant in the Thornwood development. This area was previously approved for a pergola covered seating area. The proposed patio would be heated and air conditioned and allow for open air dining when temperatures permit. The warrant was Approved (3-2).

11. Ordinance 2019-10 Rezoning 15 Acres Fulmer Property – Second Reading and Public hearing (38:45) In the public hearing two citizens spoke of concerns with the proposed office development being adjacent to residential neighborhoods. The concept plan for the zoning approval includes three medical office buildings. The developer answered questions from the aldermen and continued to work with neighbors to address concerns. The second reading Passed (5-0)

12. Contract Professional Services Agreement Fire Station No 3. (1:04:24) This is approval for a contract with A2H for initial design services for the replacement of the 42 year old Fire Station No. 3 on Farmington Blvd. The $117,852 contract will cover work to identify potential locations and design costs for the replacement station. The contract was Approved (5-0)

13. Ordinance 2019-1 – Ordinance to Adopt FY20 Budget – Third Reading (1:07:39) The board reviewed the FY20 budget. Salaries were discussed including the Personnel Advisory Commission’s recommendation of a 3% market adjustment to salaries. While the budget did not include a raise for the city administrator, Alderman Sanders moved that the salary of the city administrator not be changed without a majority vote of the board. The motion also capped the Police Chief’s salary increase at 3%. That motion was approved. A second motion by Alderman Sanders was made to cap the director level positions increase at 3%. That motion failed. Alderman Massey expressed desire to have someone make to increase funding for drainage programs but never made the motion himself. Following extensive discussion.  Approved (4-1)

14. Ordinance 2019-2 – Year End Budget Adjustments – Third Reading – This ordinance makes the final adjustments needed to close out the city’s FY19 Budget. The detailed list of adjustments can be found in the above link to the Alderman’s Packets. Approved (5-0)

15. Ordinance 2019-3 Real and Personal Property Taxes – Third Reading – This ordinance establishes the property tax rate for the city for FY20. The rate is unchanged from FY19 and remains $1.95. Approved (4-1)

16. Ordinance 2019-4 GMSD Year End Budget Adjustments – Third Reading – The detailed list of budget adjustments proposed to close out the FY19 Budget.  The detail list is included in the supporting documents in the link above.  These adjustments have been approved by the GMSD Board of Education. Approved (5-0)

17. 19R01 – Resolution on Revenues – This resolution establishes rates, fines and fees for enterprise and special revenue funds. Approved (5-0)

18. 19R02 Resolution Capital Improvements Program – Section one of the resolution identifies funding sources for projects and section two identifies the proposed projects. There was some discussion about spending allocation to drainage projects. Approved (4-1)

19. Contract Extension no. 2 Library Services – The extension of a 2015 agreement with LSS. Administration proposed executing a one year option (one of three one year extensions for this contract).  There was no discussion. Approved (5-0)

20. Agreement – Parliamentarian – Following a six month trial period of with the Parliamentarian (Dr. Schultz) a one year contract was proposed.  The hourly rate is $150/hour with a limit of $10K per year with three one year extension options.  Approved (3-2)

21. Purchase – Repair to Wells No. 2 & 6 Johnson Rd. Plant, High Service Pump no. 3 – Durring annual inspection processes these three pumps were designated to be pulled for inspections.  During those inspections it was determined that maintenance was needed. Three pumps were pulled one pump was approved for repair however, the vendor proceeded to repair all three wells/pumps which exceeded approval thresholds for this work. Immediately work was stopped and the approval brought before the board.  Approved (3-2)

22. Preliminary Agenda – The amended preliminary agenda was summarized, motioned and seconded. There was no discussion. Approved (5-0)

BMA in Brief – February 25, 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 Consent Agenda was amended to move the approval Professional Services agreement of the Golf Course Appraisal to the regular agenda. The commission appointments were moved to the Consent Agenda. There were no Citizens to be Heard.

The meeting can be viewed by clicking here.

9. Consent Agenda – Passed as amended 5-0 (begins approximately 15:14)

10. Appointments to Commissions – Moved to Consent Agenda

11. Contract – Winchester Road Resurfacing Project – 80 % of this project is funded by a TDOT grant of $1.1M. The city match for this project is $296K. The bid came in over budget and the Metropolitan Planning Organization agreed to fund the overage. Passed 5-0 (begins approximately 16:54)

12. Supplement No. 1 – Construction Engineering and Inspection Services – Winchester Rd – This contract is required to make sure that the project meets the state of Tennessee requirements due to this being funded by a TDOT grant. This will be funded as well 80/20 by TDOT grant with the city’s portion being $142K. Passed 5-0 (begins approximately 32:42)

13. Development Contract 1226 and Final Site Plan for New Cell Tower @ Madonna Learning Center – This is a T-mobile tower being moved from a MLGW transmission tower to a new stand alone tower on the Madonna Learning Center property. The Design and Review Commission (DRC) approved a design of a 140 foot mono pole design as opposed to the mono pine design. Alderman Massey moved to send the review the back to the DRC, seconded by Alderman Sanders. The motion to return the proposal to DRC failed 2-3 with Aldermen Massey and Sanders voting yes. Alderman Sanders moved to amend the motion to classify the tower as a Mono Pine, seconded by Vice Mayor Gibson. The amendment failed 2-3 with Alderman Massey and Sanders voting yes. Contract passed as submitted. Passed 4-1 (begins approximately 37:25)

14. Ordinance No. 2019-5 – Amendment to Zoning Ordinance Chapter 23 – Smart Code: Site Standards 3rd and Final Reading – This is the final reading for a change to the code for curb cut widths to address issues with access for emergency equipment. Approved 5-0 (begins approximately 1:10:11)

15. Ordinance No. 2019-6 – Amendment to Zoning Ordinance Chapter 23 – Wireless Transmission Facility 3rd and Final Reading – This change to the ordinance has two parts. First, it allows staff to approve minor changes to existing cell towers. Those types of changes currently require approval of the BMA. Staff updated the language to clarify approvals were only for existing facilities. The second change places process in place for the coming small cell technology. Alderman Massey moved to send the wording back to the Planning Commission and the motion failed due to a lack of a second. Alderman Sanders moved to amend the wording as proposed by staff and that amendment passed 4-0 with Alderman Massey abstaining. Alderman Sanders moved to change the wording to allow for and 18 inch pole and passed 4-0 with Alderman Massey abstaining. The extra two inches allow all the equipment associated with small cells to stay inside the pole. Alderman Massey moved to postpone the vote until staff presents a redline version of the document. The motion to postpone failed 2-3 with Aldermen Massey and Sanders voting yes. The amended ordinance was approved 4-1 (begins approximately 1:13:15)

16. Ordinance No. 2019-7 Amendment to Subdivision Ordinance Chapter 17-60 – Parkland Dedication – First Reading – The amendment changes the wording to address the use of the term “Parks Districts” which the city does not have. The change also allows the Parks Director to review the preliminary plans prior to going to the Parks Commission. The ordinance also addresses the need for Smart Code properties to make land or financial contributions in lieu of park land. Public Hearing date: March 25, 2019 First Reading Approved 4-1 (begins approximately 1:48:19)

17. Ordinance No. 2019-8 Amendment to the Vegetation Ordinance Chapter 22 – Tree Preservation and PlantingFirst Reading –  The ordinance makes two specific changes.  First it establishes the option of payment in-leiu of tree dedication.  Previously trees would have to be replaced or dedicated on public land.  In some cases neither of these options are viable.  The funds from these payment should be used for maintenance or replacement of public trees.  The second part establishes the option of a cap to the fee.  It will be at the discretion of the Design Review Commission and requires a report from an independent arborist, at the applicants expense.  Public Hearing date: March 25, 2019 Passed 4-1 (begins approximately 2:07:19)

18. Ordinance No. 2019-9 Amendment to Chapter 2, Article VI, Division 2 – Purchasing – First Reading – This Ordinance change updated the amount of approvals for items requiring bids to be in line with state approved limits. The changes will help to streamline the approval process for these services. Section 2-328, the ordinance moves the threshold for requiring competitive sealed bids from $10K to $25K.  It also moves the threshold for having three competitive quotes from a range of $4,000-$9,999.99 to a range of $10,000-$24,999.  Section 2-331, this change allows the city administrator or Mayor to approve change orders up to $10K vs. the current threshold of $2,500.  Section 2-337 raised the limit of bids needed for disposal of assets from $2,500 to $5,000.  Passed 4-1 (begins approximately 2:18:07)

19. Professional Services Agreement Appraisal – Germantown Country Club – This is approval for an appraisal for the Germantown Country Club property. The city is interested in bidding when the trustee for the family issues a request for proposal (RFP), estimated to happen in March. The appraisal helps to justify the proposed price when the city makes their potential offer. The offer will need to be reviewed by the Financial Advisory Commission and BMA for approval prior to submission to the trustee. Approved 5-0 (begins approximately 2:41:32)

20. Parliamentarian and debate of timeline of public debate during agenda items. This item was removed as there was not a 2/3 majority to add the item. A vote to reconsider passed 3-2 (begins approximately 2:48:10)

Beer Board Hearing – Suspension/Revocation of Beer License – The Fresh Market – Fresh Market was found guilty of selling beer to a minor and fined $1,500 for the offense. This was the fourth offense at this location dating back to 2006. Fine approved 5-0. (begins approximately 2:55:45)

 

BMA in Brief – February 11, 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.Screen Shot 2019-02-12 at 8.04.25 PM.png

The video recording for this meeting is not currently available via the usual Youtube links. The video can be accessed through the City web page by clicking here and scrolling down “Archived Videos”.  Simply click on February 11, 2019 meeting to watch the video. The “Consent Agenda” was modified to remove item “a.” and make it item 15 on the regular agenda. There were no “Citizens to Be Heard” submissions and no citizens spoke in any of the public hearings.

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9. Beer Board:

a. Leadership Germantown Trivia Night – permit for the sale of beer at the annual fundraiser to be held on February 23 at the Great Hall. Passed 4-1, Alderman Massey voting “No”

b. Exxon Food Mart (1300 South Germantown Rd.) – permit for sale of off premise consumption beer. Passed 5-0

10. Consent Agenda – Passed 5-0

11. Ordinance 2019-5 – Amendment to Smart Code Site Standards 2nd reading – Wording change to allow for driveway widths of 30.  This addresses an issue in the wording and allows for curb cuts that accommodate emergency equipment. Staff will research potential wording changes for the 3rd reading to address potential issues with TDOT and curb cuts on Poplar. Passed 5-0

12. Ordinance 2019-6 Amendment to Wireless Transmission Zoning 2nd reading – Amendment addresses two issues. The first issue is around existing macro towers requiring BMA approval for routine upgrades (e.g. antenna replacement, 4G to 5G upgrades). The second part of this amendment is placing rules around the placement of “Small Cell” technology in the city. Passed 3-2 Aldermen Sanders and Massey voting “No.”

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13. Telecommunications Franchise Agreement – XO Communications – Ten year franchise agreement to allow XO Communications, a Verizon subsidiary, to install fiber optic communications underground in right-of-way. Passed 5-0

14.Wireless Equipment Upgrade Verizon @ OLPH – Approval of antenna upgrades to the existing tower at OLPH. Passed 5-0

15. Shelby County Schools Facility Usage Agreement – Extension of the agreement to allow Germantown Middle and High to use Germantown Parks and Recs facilities. The agreement also allow Germantown Parks and Rec to use school basketball courts for youth leagues. Passed 5-0

BMA in Brief – January 28, 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.Screen Shot 2019-01-27 at 9.18.11 PM.png

You can watch the entire meeting here. We have noted approximate times for each items for your convenience.

Mayor Palazzolo announced the National Council for Safety and Security in Washington, D.C. rated Germantown as the number one rated safest city in Tennessee. (begins approximately 21:00)

Recap of votes

9. Beer Board – On-premises consumption for Whitlows 7642 Poplar Pike – Approved 4-0 as Alderman Massey recused himself. (Begins approximately 21:45)

10. Consent agenda – Approved 5-0 with the GPAC Theater Seating moved to regular agenda as item 12 and Fiscal Year 2020 Budget Calendar moved from the regular agenda to Consent as item 10.d. (Begins approximately 27:09)

11. Appointment of Boards and Commissions Patrick Lawton, city administrator, explained when the BMA met in December to fill the board and commissions, both the Great Hall Commission and Historic Commission were not complete at that time; therefore, these positions are being brought before the board tonight. (Begins approximately 29:00)

a. Great Hall – Two members, Melanie Oest and John Wagner have reapplied. Alderman Massey is the liaison. He nominated the following: Susanne Riley-Catering, John Wagner-Corporate Business, John Peyton-Marketing, Tony Green-Operations, Lauren Boutwell-Retail, Russ Holland-Sales, and Melanie Oest-Hospitality.

Alderman Rocky Janda made a motion to amend the nominations to John Wagner, Lauren Boutwell, Russ Holland and Melanie Oest.

The amended motion passed 3-2.

b. Historic – There are three vacancies and two who have reapplied-Dale Hicks and Karen Rice. Alderman Massey is the liaison. He nominated the following: Sidney Khun, Marlene Strube and Sara Freeman.

Alderman Owens made a motion to amend the nomination to David Jackson, Dale Hicks, and Karen Rice.

The amendment passed 3-2.

12. Fiscal Year 2020 Budget Calendar – Presentation of the calendar as approved by the Financial Advisory Commission on 1/22/19 – Moved to Consent Agenda.

Item 12 became the GPAC Theater Seating. This item was included in the FY19 budget ($65k) and is the first phase of replacing the 25 year old seats in GPAC. An additional $40k is earmarked for phase 2 in the FY20 budget. Approved 4-1 (begins approximately 51:00)

13. City Attorney Agreement – Changing the current agreement with Burch, Porter & Johnson from a monthly retainer to billable hours.  Presentation by staff indicated that this methodology will allow the city to more accurately allocate costs between departments and potentially reduce costs.  Passed 4-1 (begins approximately 1:04:11)

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BMA in Brief – January 14, 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.

Mayor Mike Palazzolo welcomed new City Attorney Mac McCarroll and new Alderman Scott Sanders to the board.
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During the Executive Session, changes were made to the agenda. Beer Board item 9.a. was pulled by request of the applicant. On Consent Agenda, two items were pulled from Consent. 10.d will become item 11 and 10.e will become item 19.

9. Beer Board – Poplar Food Mart #1 approved for off-premise use and Rock N Roll Sushi approved for on-premise use.

10. Consent Agenda -approved as amended.

11. Professional Services Agreement Supplement No.2 – Final Closeout Right-of-Way Appraisals – Wolf River Boulevard/Germantown Rd. Intersection Improvements Project – Approved 4-1

12. Change Order No. 2 – Forest Hill-Irene Road Improvements – Requested increase of $37,631.33 (total project is $6.15M) for increased cost estimates for fiber optic lines needed for traffic signal connectivity and coordination and culvert replacement under the road near the school site. Original plan was to add on to the existing culvert however there were cracks and open joints that necessitated the full replacement of the culvert. – Approved 5-0

13. Election of Vice Mayor – Mary Anne Gibson selected 5-0

14. Grant – Leadership Germantown – Request for approval of budgeted grant of $13,600 for Leadership Germantown – Approved 4-1

15. Purchase – Fire Engine – Request for $859,539 to purchase a new custom fire engine.  The purchase will allow F139 (Engine 93) to be placed in reserve.  F139 is 28 years old and typical life span for this type of equipment is 15 years front line and 5 years reserve. Approved 5-0

16. Resolution 19R03 – Banking and Signature Cards. Approved 5-0

17. Ordinance 2019-5 – Amendment to Zoning Ordinance Chapter 23 – SmartCode: Site Standards 1st Reading – The proposed change clarifies language in the code about the width of curb cuts.  This change is needed to insure fire equipment can safely access properties. Approved 5-0

18. Ordinance 2019-6 – Amendment to Zoning Ordinance Chapter 23 – Wireless Transmission Facility 1st Reading – Change in wording to allow for stream lined approval of equipment upgrades on existing facilities and establishment of policies and procedures for placement of small cell wireless facilities in public right-of-ways as a result of changes to state law. This item generated discussion on how state law may allow many small cell towers all over the City of Germantown. Approved 4-1

19. Professional Services Agreement Supplement No. 4 – Wolf River Boulevard/Germantown Rd. Intersection Improvements Project. Approved 4-1

 

BMA in Brief – November 26, 2018

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.

In the Executive Meeting prior to the BMA, the agenda was amended moving items b.-g. of the consent agenda to the regular agenda. For those unfamiliar with the consent agenda, it is a mechanism for approving routine business that doesn’t necessarily need to be addressed individually by the whole board. Items b.-g. of the consent became items 17-22 of the regular agenda.

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Below our summary is a link to the entire BMA for your review with approximate start times for each item.

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  1. Citizens to be Heard – None
  2. Beer Board (begins at approximately 12:49)

Beer permit for Stacks Pancakes passed 5-0

  1. Public Hearing – Resolution 18R23 – Carrefour at the Gateway Planned Development Outline Plan

Begins at 17:30 of the YouTube video.

No Citizens came forward to speak on this item. Presentations were made by Cameron Ross and Nelson Cannon of Cannon, Austin and Cannon. Cannon, Austin and Cannon is a 30 year old Germantown based development company overseeing the Carrefour redevelopment project. They presented the “Outline Plan” for the project. The project will consist of three phases which will each be approved prior to construction. Discussion was nearly an hour on the this topic.

  • Outline Plan Approved October 2, 1018 at the Planning Commission
  • 400,000 square feet of Office Space
  • 100,000 square feet of Retail
  • 240 hotel rooms
  • 1,400 parking spots (including a garage)
  • Green space in the center

This project has been in the works since 2012. The developer said plans may change based on the regulatory environment at the time the final plans for each phase are presented. They would not speculate on changes due to the moratorium expiring, as they didn’t know what the results would be. Phase one is centered on office and retail space.

Vote was 3-1-1 with Aldermen Gibson, Owens and Janda voting Yes, Alderman Massey voting No and Alderman Barzizza Abstaining.

  1. Approval of Warrant – Carrefour at the Gateway Planned Development – Civic Space (begins approximately 1:28:30)

The proposed green space in the center of this project requires a warrant to make sure that everyone understands their responsibility for maintenance and programming for this space. This private land is not the responsibility of the City.

Vote was 4-0-1 with Aldermen Gibson, Massey, Owens and Janda voting Yes and Alderman Barzizza Abstaining.

  1. Contract – Chlorine Tank Replacement Southern Avenue WTP (beings 1:35:46)

$353,075 replacement of failed water treatment equipment. Vote was 5-0

  1. Contract Extension – Third Party Administrator Services (begins 1:39:24)

$166,656 for the 3rd party administration of the insurance for the city. The city is self insured meaning they cover all of the costs of healthcare for their covered individuals.  The City covers roughly 1,000 employees, retirees and their dependents. This agreement covers the administration of these benefits and provides access to the Cigna network of coverage. The discussion included interesting information on demographics of city employees. Presentation starts around 1:39:30 of the YouTube video. Vote was 5-0.

  1. Renewal – Medical and RX Stop Loss (begins 1:43:28)

$655,317 for the city’s stop loss insurance. This insurance is caps the city’s liability related to being self-insured for health, prescription and dental programs. The presentation calls out the bidding process used for this has saved $500-600k per year since 2012.  Vote was 5-0.

  1. Renewal – Property and Casualty Insurance (begins 1:59:10)

No discussion. Vote was 5-0.

  1. (was b.) Change Order No. 1 – City Signs (begins 2:07:10)

Discussion around soil conditions driving the change orders in items 17-19. Increase of $1,126 or 0.8% of the original total. Vote was 5-0.

  1. (was c.) Change Order No. 1 – GPAC Grove Fire Truck Turnaround and Closeout (begins 2:13:59)

Increase of $11,794 or 17% of the original total. Vote was 5-0.

  1. (was d.) Change Order No. 1 – Greenway Storage – Cameron Brown Park (begins 2:16:58)

Increase of $6,244 or 1.3% of the original total. Vote was 5-0.

  1. (was e.) Change Orders – City Hall Elevator Replacement (begins 2:18:30)

Increase of $9,735 or 3.4% of the original total. Vote was 5-0.

  1. (was f.) Competitive Sealed Proposal Authorization – Investment Services (begins 2:20:10)

City is seeking bids for potential financial firms to manage a portion of reserve funds. Process is exploratory and agreements will require approval. Process is a sealed bid. Vote was 5-0.

  1. (was g.) Contract – Develop Rebranding and Implementation Plan for Germantown Athletic Club (begins 2:25:05)

Germantown Athletic Club will use a vendor, local marketing firm, Red Deluxe, to look at rebranding logos and café space in the building. The goal is to market the club to the community and continue the growth of this amenity. Vote was 5-0.