(Audio of the BOC meeting)
The BOC (Board of Commissioners) convened in a virtual meeting Thursday night (4.9.20) and approved a partnership with a local church to serve the needy and approved by 3-2 a first reading of an ordinance relating to appeals on the Design Review Commission (DRC).
The Emergency Orders for the City due to the pandemic are to be extended another week to April 17th.
Link to agenda: https://tn-lakeland.civicplus.com/ArchiveCenter/ViewFile/Item/923
Adding a seventh resolution to the agenda was Commissioner Wesley Wright who said he has been in discussions with several grocery stores and St. Paul United Methodist Church in Lakeland to set up a food bank during the COVID-19 pandemic.
He said he would like for the City to purchase pallets of food with City Manager Shane Horn managing the purchase and delivery to the Church. The resolution was for Mr. Horn to acquire food to donate to Lakeland residents in need due to the pandemic and work in partnership with St. Paul’s. The cost of the food is not to exceed $8,000, as approved unanimously by BOC members.
Commissioner Wright said he met with a Lakeland resident (Tim Roberts) who is the manager of the Stonebridge Crossing Kroger on U.S. Highway 64 across from Lakeland about floor pallets of goods. “I’ve been working with St. Paul and it’s finally coming together,” he said.
Commissioner Michele Dial asked if state grant money to be allocated to Lakeland (the amount is $308,438) could be used for the food purchase.
Vice Mayor Josh Roman said he thought Finance and Human Services Director Michael Walker would be the best source on uses of that money. Mr. Walker said the grant money will not be available until after July 1st and the City should follow state law in donating the money which might require some type of press release.
Mr. Horn said he would try to facilitate the project in a timely manner based on the pandemic.
Commissioner Dial asked what types of foods would be on the pallets. Commissioner Wright said canned vegetables, tuna, peanut butter and toilet paper. Commissioner Wright hopes to get the food distributed quickly and said he would share the details when available.
Ordinance 20-283 – Appeals from DRC
This ordinance passed on first reading 3-2 with Mayor Mike Cunningham and Commissioner Richard Gonzales Jr. voting no. The Lakeland Sign Ordinance contains a process to appeal decisions of the DRC. The current process requires a minimum of four affirmative votes by the BOC to overturn a DRC action on appeal. Tennessee law does not require more than a simple majority for a chief legislative body to overturn a DRC decision on appeal. The ordinance is to amend the Sign Ordinance to make the appeal process more consistent with the provisions found in Tennessee Code Annotated, according to language in the agenda.
Before the vote there was discussion among commissioners about the proposed change from a supermajority vote (4-1) to a simple majority (3-2). Commissioner Gonzales said he thought this vote was in favor of one certain developer and he felt it was fine that Lakeland’s requirements were more restrictive. He said he wanted to protect the integrity of the DRC and noted that signs in Lakeland are a big issue. “This is going to cause significant problems in the future,” he said and added, “This is showing favoritism here.”
The Commissioner was referring to a sign package for The Lake District (TLD), a 160-acre mixed-use development at I-40 and Canada Road in Lakeland. The sign plan for TLD has been on the agenda for the DRC since December without being approved.
Vice Mayor Roman said Lakeland is not in line with Tennessee Code and there is nothing in the ordinance that specifies one developer over another.
Commissioner Wright said a 2016 amendment to the Sign Ordinance allows the language of the TLD sign package. “We’re still at a stalemate.”
Speaking somewhat disparaging about other commissioners, Commissioner Gonzales was warned by the Mayor to refrain from speaking about other commissioners.
The Mayor said he would finish the discussion, noting he had several conversations with the City Attorney (Will Patterson). He said he felt it was not wise for a volunteer board (DRC) to make a decision such as the sign package. He said it is game-changing for the City. There is a supermajority for a reason, he said. “I’m inclined to support (the sign package) at the BOC level. I think this needs to be a decision of the BOC solely.” He said the supermajority holds checks and balances.
The Mayor sits on the DRC (and MPC – Municipal Planning Commission) and has spoken against the TLD sign package and voted no in a straw poll in March.
The rest of the meeting
Because of Declarations of Emergency in place for Lakeland, the 1 ½ -hour meeting was conducted by electronic or phone means. All commissioners were present for the virtual meeting along with some City staff members.
Mr. Walker gave the March treasurer’s report noting the fund balance (and net position) decreased during March from $28,034,082 to $25,901,565 or by $2.1 million; however, fiscal year-to-date equity growth remains at $2.8 million since June 30, 2019. The current month decrease in fund balance is primarily due to the Board of Commissioners-approved transfer of $3.2 million to LSS (Lakeland School System) in accordance with the approved memorandum of understanding. This was offset by the collection in March of $1.1 million of property tax payments.
In his City Manager report, Mr. Horn said the Shelby County Sheriff’s Office reported 24 incidents for March with unlocked doors a recurring theme.
He said the Mayor will extend by seven days the Declaration of Emergency and Safer at Home Executive Orders to 6 p.m. April 17th. There is reduced staffing at City Hall with only about half the 32 employees on site. “But we are still doing essential services. Maybe not as timely manner as the past,” he said. The Lakeland Senior Center and IH Clubhouse are closed through May 1st.
A number of volunteer board meetings for April have been cancelled: Parks and Recreation, Board of Appeals and Community Advisory Board. The MPC/DRC and Economic Development Commission/Industrial Development Board will have their regular meetings. The April 25th Community Cleanup Day has been postponed.
Newly hired by the City are Pat O’Mara, Parks and Recreation Department director, and Graham Embree, construction inspector.
There will be a budget workshop at 4 p.m. Tuesday (4.14.20) for commissioners to work line-by-line on the upcoming budget. He said the plan is to have a first reading in May, a second reading in June and then get the Fiscal Year budget adopted.
The other items on the regular agenda, one other ordinance and four other resolutions, passed unanimously.
