Parks and Recreation – Germantown Voice

BMA in Brief June 10, 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 agenda packets provided to the Aldermen can be found by clicking here.

The full video of the meeting can be found on YouTube by clicking here.

Flood Update from Germantown Fire Department Chief John Selberg. (6:30)

6. Citizens to be Heard (15:52) – There were a total of seven citizens that stepped up to speak. One spoke on sales tax, five spoke about the flood and one spoke about the flood and lack of cell coverage in the affected area.

9. Preliminary Agenda (41:40) – Alderman Massey proposed moving items b. and c. to the regular agenda. Both failed and the the preliminary agenda was approved as proposed. The preliminary agenda was Approved (4-1)

10. Ordinance 2019-1 Adoption of FY2020 Budget Second Reading and Public Hearing (44:03) – The Chairman of the Financial Advisory Commission (FAC) read a short statement into the record to document the work done by this group in helping to oversee the development of the FY20 budget. In the public hearing one member of the Financial Advisory Commission came forward to discuss the Germantown Country Club. Approved (4-1)

11. Ordinance 2019-2 Year End Budget Adjustments Second Reading and Public Hearing (2:03:34) – The public hearing did not have anyone from the community come forward to make statements on this item. An extensive list of adjustments was presented to account for changes during the year. The detailed list can be reviewed by in the Aldermen’s packets. When reviewing this list note that the changes is the total in the “Proposed Adjustment” column of the document. Approved (5-0)

12. Ordinance 2019-3 Real and Personal Property Taxes Second Reading and Public Hearing (2:17:23) – The public hearing did not have anyone from the community come forward to make a statement on this item. This Ordinance sets the 2020 tax rate at $1.95, no change from the FY19 rate. Approved (4-1)

13. Ordinance 2019-4 GMSD Year-End Budget Adjustments – Second Reading and Public Hearing (2:20:17) – The public hearing did not have anyone from the community come forward to make a statement on this item. A list of the pr Approved (5-0)

14. Ordinance 2019-12 Amendment to Fire Prevention Ordinance Chapter 10 First Reading (2:22:53) – 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. Approved (5-0)

15. Ordinance 2019-12 Amendment to Fire Prevention Ordinance Chapter 10 – Residential Sprinklers – First Reading (2:29:27) – 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. Approved (5-0)

16.Ordinance 2019-13 – Amendment to Subdivision Ordinance Chapter 17 Section 17-56 (Streets) First Reading (2:34:32) – This amendment brings the subdivision ordinance in line with the requirements laid out in the fire ordinances above. That includes requirements for cul-de-sac diameters as well as dead end street restrictions. Approved (5-0)

BMA in Brief – April 8, 2019

6. Citizens to be Heard (22:00) – CTBH was moved until after the recognition of cheerleading teams but before the Alderman Liaison reports. There were four citizens that addressed the board. One spoke in opposition to the location of a proposed cell phone tower on the campus of Dogwood Elementary. The contract for this project is not yet before the BMA but is anticipated in the next month or so as the construction is targeted for this summer while school is out. Three citizens spoke in support of the city purchasing the Germantown Country Club property.

The “Packets” with supporting documents provided to the Aldermen can be found by clicking here.

9. Consent Agenda (41:52) – Item 9.b. was removed from consent by request of Alderman Massey during Executive Session and was added to the regular agenda as item 17. The remaining items on the Consent Agenda passed with a 5-0 vote.

10. Resolution 19R05 – Establishing a Preliminary Agenda for the City of Germantown (43:38) – This resolution establishes a Preliminary Agenda to replace the currently used Consent Agenda. The Preliminary Agenda requires a simple majority to move an item to the Regular Agenda where the Consent Agenda allowed only one alderman to make the request. Passed (3-2)

11. Approval of Warrant – Thornwood Planned Development – Sign Policy (39:28) – The current code applied to this area requires that each business apply for a warrant individually with the city to allow for standard signage which is similar to what is permitted in other commercial districts. Passed (4-1)

12. Ordinance 2019-7 Amendment to Subdivision Ordinance – Parkland Dedication – Second Reading & Public Hearing (1:01:39) – 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. In the public hearing, one citizen addressed the board with concerns about the lack of a time limit to spend the funds collected via these fees and spoke in support of a proposed motion to review impacts. In discussion, a motion was made to apply a process for review of the location and potential usage on a case by case basis. City does not use true impact fees, they use negotiated development contracts to account for sewer usage and road items. Questions about whether park dedication is an impact fee. Amendment passes 4-1. There was additional discussion around the change in wording from Parks and Recreation commission to Parks Director and what the impact was to the commission and how the city charter worded the establishment of the Parks and Recreation Commission. Passed (3-2)

13. Ordinance 2019-8 Amendment to Vegetation Ordinance – Tree Preservation & Planting Requirements Second Reading & Public Hearing (1:30:44) – 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. The public hearing did not have anyone step forward to address the board on this subject. Passed (4-1)

14. Ordinance 2019-9 Amendment to Chapter 2 Article VI, Division 2 – Purchasing Second Reading & Public Hearing (1:55:20) – 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. There was significant discussion around what could be approved under and how many transactions fall into this window. When questioned about visibility of spending for the BMA, staff indicated that only budgeted items could be purchased using this process. That being the case the BMA has visibility to proposed spending in the budget process and reporting on spending made using these approvals will be provided to the BMA. The public hearing did not have anyone step forward to address the board on this subject. Passed (3-2)

15. Change Order – GPAC Grove $5,175.83 (2:40:15) – The contract increased to $3,955,219.67 reflecting a 0.13% increase to project. The change is needed to address “unsuitable soils” that have to be made to build the project. An additional change order will come to a future BMA to address additional areas of the site that need work for “unsuitable soils”. Passed (4-1)

16. Supplement 1 – FY19 On-Call Professional Services Agreement – Traffic Engineering (2:55:00) – This is an increase to the contract from $50k to $70k or a 40% increase. The workload for budgeted items has been lower than planned however, several unbudgeted projects have resulted in the need for additional funds. Those include an in-depth study on Wolf River school traffic, striping plan for additional road work and preparation of TIP applications for state and federal funding. This firm provides traffic engineering and signal maintenance services for the city. Passed (4-1)

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.