Zoning ordinance and stormwater ordinance regulating land use in floodplains

MTAS was asked three questions related to a "lot of record" that was annexed by the city.

Hemsley, Sid
Legal Opinion
Zoning--Municipal ordinances
Stormwater management--Municipal ordinances
Annexation
Flood control
Public
06/21/2017
02/26/2008

Nolensville town manager evaluation

A performance evaluation performed by MTAS for the new Town Manager following the first year of employment with the Town of Nolensville.

Downham, Chuck
Report/Study
City manager
Personnel--Performance appraisal
Internal
10/14/2022
08/22/2022

Municipal capital improvement plan guide and templates

There are many municipalities including many small municipalities across Tennessee that do not have a capital improvement plan. There are a variety of obstacles often noted by municipal officials for not having a capital improvement plan ranging from lack of staff resources to the process being too complicated and cumbersome to not having easy-to-use tools for the preparation and adoption of a capital improvement plan. A capital improvement plan is an essential long-term financial planning tool that can assist a municipality in identifying, prioritizing, and implementing capital projects including ensuring existing capital assets are being properly maintained to optimize their useful life. The preparation of a guide and templates that can be utilized and customized for use in preparing a capital improvement plan by a municipality removes many of the perceived barriers and provides a step-by-step process for a municipality to follow with input and guidance being provided by MTAS consultants. A collaborative project was initiated by Chuck Downham, Municipal Management Consultant to prepare a guide for preparing and adopting a capital improvement plan along with sample templates that could be utilized by municipalities. Joining in the collaborative project in the preparation of the guide and templates was Travis Bishop, Finance and Accounting Consultant, Eric Spencer, Finance and Accounting Consultant, and Tonya Travis, Finance and Accounting Consultant.  

The guide explains the importance of a capital improvement plan and a detailed explanation of the steps to be undertaken by a municipality in preparing a capital improvement plan such as the preparation of an asset inventory and debt management policy including links to MTAS resources as well as the preparation and adoption of a capital improvement plan policy with a corresponding sample resolution to adopt the policy to further guide a municipality in the preparation of a capital improvement plan. As an internal resource for use by MTAS consultants, the guide and corresponding templates can be utilized to facilitate the preparation of a capital improvement plan.

The templates are intended to be utilized by consultants to aid municipalities in the preparation of a capital improvement plan by providing sample tools that can be shared with the municipality while working directly with municipal officials to gather information and data and input into the various worksheet templates. The templates can be modified and customized as needed to align with the organizational structure and types of capital projects to be included in the plan. An asset inventory template has been provided that includes a worksheet for general fund assets as well as utility assets for those municipalities that own and operate a utility. For communities that may already have incurred various forms of debt, the summary template includes a debt table to show decision-makers the current debt obligations of the municipality. A sample capital improvement plan policy has been prepared that can be shared with a municipality to assist local officials with formalizing a process to be followed in the preparation, adoption, and periodic updating of a capital improvement plan. A sample resolution has also been provided to assist municipal officials with adoption of the plan as a long-term planning tool.

Given the number of small municipalities across Tennessee that have not undertaken the preparation and adoption of a capital improvement plan, it is important that consultants work closely with municipal officials in the preparation of documentation during each step of the process to ensure thoroughness and accuracy rather than just providing the resource materials directly to a municipality. Having a guide and corresponding tools available provides an opportunity to teach municipal officials not only the importance of having such a long-term planning tool in place but how to prepare the plan and the various components that comprise a capital improvement plan and to update the plan periodically as part of a municipality’s annual budget preparation process. The process of gathering input from municipal departments on capital projects, completing/updating an asset inventory on capital assets, identification of funding sources and financial strategies for capital projects, prioritization of capital projects, and the preparation and adoption of the actual capital improvement plan can take several months to complete while working collaboratively with municipal officials each step of the way. Consultants should plan for numerous meetings with municipal staff and members of the governing body. The process of preparing and adopting the plan should also include public engagement at various milestones to ensure transparency and to build consensus and public support for the plan and the various capital projects contained in the plan.

Included with the attachments is an example of how the project worksheet and summary template was utilized by the City of Mount Pleasant to prepare and adopt their first capital improvement plan. The plan was organized by municipal departments and the various capital projects were ordered and prioritized based upon input from department heads. The plan was presented to the governing body by the City Manager and a resolution containing the capital improvement plan was prepared and adopted by the governing body.

Downham, Chuck
Bishop, Travis; Spencer, Eric; Travis, Tonya
General
Budgets--Capital--Municipal
Budgets--Capital--Tennessee
Budgets--Planning
Economic development
Finance--Administration
Finance--Debt obligation
Finance--Investments and cash management
Planning--Municipal
Planning--Municipal resolutions
Planning--Tennessee
Internal
01/4/2023
01/4/2023

Appeals of building code violations

MTAS was asked whether a person appealing a fine for a building code violation needs to pay the fine during the pendency of the appeal.

Leydorf, Donna
Legal Opinion
Building codes
Code enforcement
Courts--Municipal
Municipal ordinances--Codes of ordinances
Public
12/19/2016
11/22/2000

Ordinance contracting the town limits of Palmer, Tennessee

MTAS was asked to prepare a de-annexation or contraction ordinance.

Darden, Don
Ordinance
Contraction of city limits
Municipal ordinances
Public
05/5/2021
09/28/2004

How to incorporate a new city in Tennessee

Procedures and forms required for incorporating a new city in Tennessee.

Darden, Don
General
Forms
Forms--Municipal
Incorporation procedure
Municipal government
Public
04/29/2021
07/1/2000

Zoning for group home

MTAS was asked whether certain group homes for mentally handicapped people could locate in an R-1 zone in the city.

Hemsley, Sid
Legal Opinion
Zoning--Group homes
Disabled--Laws and regulations
Handicapped--Laws and regulations
Public
01/3/2019
07/25/2005

Ordinance of the town of Sneedville, Tennessee, prohibiting heavy truck traffic

An ordinance of the Town of Sneedville, Tennessee, prohibiting heavy truck traffic on New Jail Street.

Hardy, Pat
Ordinance
Transportation--Municipal ordinances
Motor vehicles
Traffic--Municipal ordinances
Public
04/15/2021
01/5/2010

Code enforcement notices and forms

Notices for the inspection of property, for slum clearance, and for overgrown lots.

Darden, Don
Form
Code enforcement--Forms
Code enforcement--Dirty lots
Code enforcement--Building inspection
Public
05/28/2021
07/18/2008

Regulation of mailboxes in rights-of-way

Since the preparation of the memorandum by Sid Hemsley, MTAS Senior Law Consultant in July 2003 (see attachment below), the United States Postal Service (USPS) has prepared and published design standards and guides for the construction and installation of mailboxes that include free-standing mailboxes, wall-mounted mailboxes, and centralized mailboxes.

Hemsley, Sid
Downham, Chuck
General
Construction--Laws and regulations
Construction--Laws and regulations--Tennessee
Planning--Tennessee
Right of way
Public
08/22/2022
08/22/2022
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