Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING January 11, 2022, at 7 :00 P .M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR PEG PETRELLI, VICE-MAYOR STEVE BROWN, ALDERMAN RACHEL COLLINS, ALDERMAN ARLENE CUNNINGHAM, ALDERMAN KAREN DIXON, ALDERMAN RUSS EDWARDS, ALDERMAN JONATHAN HA YES, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT MARK SKIDMORE, ALDERMAN The meeting was opened with prayer followed by The Pledge of Allegiance led by Mayor Clary. AGENDA The January 11, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Edwards moved; seconded by Hayes to approve the January 11, 2022, agenda. Brown moved; Hayes seconded to amend the agenda by correcting Item #4, Resolution 2021-57 by removing "self-storage" as it is not in the resolution. Brown stated he would like to hear the candidates for Ward 2 Alderman speak. There was a unanimous vote to approve the amendment with Skidmore absent. Clary declared the motion carried. Petrelli moved; Edwards seconded to add as Item 7, Resolution 2022-04, a Resolution to apply for a Safier Grant for the Fire Department waiving the 2-week rule due to the timeliness of the application deadline. MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGE2 Clary stated he and Eckenroth had asked Chief Bush to supply costs of year 4 and beyond and Chief Bush has not had ample time to provide the requested information. Petrelli withdrew the amendment with Edwards in agreement. \ There was a unanimous vote to approve the agenda as amended with Skidmore absent. Clary declared the motion carried. PRESENTATIONS Larry Phillips ofHolidayFest presented the Christmas Parade awards. Dance Team-I st Place-Toes of Grace Dance Studio Dance Team-2 nd Place-Workplace for Dancers Non-Profit-I st Place-Cub Scout Pack 404 Non-Profit-2nd Place-Civitan Tackle Football Club Business- I st Place-Tennessee Boat Lifts and Docks Business-2 nd Place-Kimbro Air Presentation of a proclamation for National Home Care & Hospice Month to Karma Gardner of NHC Home Care - Hendersonville-Deferred until the next BOMA meeting. Michelle Owens of the Hendersonville Morning Rotary Club presented a donation to the City in the amount of $9,443.00 to be used for the Rotary Fountain in Memorial Park Plaza. Last year the First Responder Memorial was dedicated. The memorial gives recognition that the first responders and veterans exemplify the rotary moto of Service above Self. The memorial makes recognition that not everyone goes home. This year's project is working toward obtaining a gold star marker to complete that thought. Andy Gilley, Hendersonville Parks Director, presented the TRPA award to the Sumner County Rugby Club. TRPA, Tennessee Recreation and Parks Association, is the governing body of Parks Departments in the state. TRPA presents 4 categories of 4-star awards each year at the conference. The City received a 4-star award for Best New Facility with a Budget of$500,000.00 or less. Because of the efforts of the Sumner County Rugby Club and their families, the City of Hendersonville is now on a map across the nation of desired places to play. January 15, 2022, will see Hendersonville host the USA South Select team and the Northeast Pacific Select team. This will bring in people from California, Oregon, Washington, Florida, Tennessee, and the Carolinas. As a bonus, one ofHendersonville' s own standout Rugby player, Colby Pearl, will be playing on the USA South Select team. Colby has been chosen as one of the top 150 collegiate Rugby players in the nation. Fire Chief Scotty Bush gave a presentation on CodeRED. He explained the polygon, how it affects the city and how weather alerts are distributed. The polygons were designed by the National Weather Service. Only those inside the polygons will be notified of immediate danger. Chief Bush described the difference between a watch and a warning. Based on science behind the storms, CodeRED picks an area and distributes the notification instead of City wide. Citizens are encouraged to have at least two ways to receive weather MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGE3 notifications. Notifications will override silenced phones. Since the last weather event in 2020 CodeRED signups increased by 11 %. CodeRED is a free service to Hendersonville & Sumner County. Fire and Police will help people sign up if needed or one can sign up by accessing the link on the City's website. PUBLIC HEARINGS There was a public hearing for Ordinance 2021-44, to hear comments on a request by WFC Durham Holdings VII, LLC to annex and to rezone 6.93 acres to Mixed Residential, Planned Development (MXC-PD), as included in the approved Durham Farms, Phase 4 Final Development Plan. There was no one signed up to speak. MINUTES Waters moved; seconded by Cunningham to approve the December 14th , 2021, minutes. There was a majority vote to approve the motion, with Brown and Collins abstaining and Skidmore absent. Clary declared the motion carried. CITIZENS' COMMENTS Cheryl Sesler, 148 Riverchase Drive, addressed the Board with her support of Julie White for Ward 2 Alderman. Kimberly Overton of 106 Creekside Court addressed the Board with her support of Lori Phillips for Ward 2 Alderman. Chris Rhatigan of 444 Sanders Ferry Road addressed the Board with his support of Lori Phillips for Ward 2 Alderman. Dave Moomy of971 Cherry Grove Drive addressed the Board with his support of Julie White for Ward 2 Alderman. CONSENT AGENDA The caption for second and final reading of Ordinance 2021-52 was read, an ordinance appropriating Funds for Professional Services to assist the City with the administration of Coronavirus Fiscal Recovery Funds established under the American Rescue Plan Act. The caption for second and final reading of Ordinance 2021-44 was read, an ordinance rezoning 6.93 acres, located west of Longview Drive, and on the south side of Long Hollow Pike, Hendersonville, Sumner County, Tennessee, as included in the approved Durham Farms, Phase 4 Final Development Plan. MINUTES OF REGULAR MEETING JANUARY 11 , 2022 PAGE4 Hayes moved; seconded by Collins to approve Ordinance 2021-52 and Ordinance 2021-44. There was a unanimous vote to approve Ordinance 2021-52 and Ordinance 2021-44 with Skidmore absent. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption for second and final reading of Ordinance 2021-4 7 was read, an ordinance rezoning 6.13 acres, located to the west of Rockland Road, and on the north side of West Main Street, and approving the Nearwater Place Preliminary Development Plan to govern the development of said property. Brown moved; Cunningham seconded to approve Ordinance 2021-4 7. Without objection the rules were suspended to hear from the developer and his team. Discussion included the 49 units were going to be sold, not rented, the extension of the entrance from Waflle House to the proposed residential development was discussed, and the concern of traffic turning left out of Waffle House was addressed. There is only one way in and one way out of the property. A traffic light is not allowed to be put up at that location. Ealey has gained permission to rework the entry/exit where a median is currently located to make a dedicated lane in and 2 dedicated lanes out and has committed to doing so along with donating to the City $2,500.00 for each unit sold totaling $122,500.00 to be used for the west corridor beautification. Another option for exiting is going around Exxon and exiting at the existing traffic light. Director Free clarified that current zoning is for offices and new car dealerships and if that type of development were to be presented, the Board could not block it. Director Lock was asked which would produce more traffic flow, a car dealership, or a residential complex. She stated that commercial business would produce more. She believes the proposed improvements will work, even though they are not ideal. Public Works will look at more ways to improve public safety perhaps with additional signage. Ealey reached out to the Tax Assessor and found that the residential development would generate approximately $165,000.00 per year in taxes. No variances have been requested. Price point is currently around $400,000.00 + and may move into the $500,000.00 range at completion. The community will be gated and will have an HOA and have a cohesive look as individuals will not be responsible for landscaping; a company will do all the mowing at once and taking care oflandscaping needs. Roberson showed support by stating Music City Studios is bringing jobs, Monthaven is bringing culture and this high-end development is adding to the Old Town re-development which makes a trifecta that is good for the City. Cunningham echoed the same sentiments of support. Landscaping along the ramp will consist of obligatory trees spaced evenly that follow around the ramp with shrubs following the trees. Discussion has been had to extend the landscaping across the frontage of the Waflle House property. There will be foundation planting along the fronts of the units themselves. MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGES Dixon asked if there would be any HOA restrictions in the language against owners purchasing for lease. Ealey explained that the Equal Housing Opportunity Laws prohibit that type of restriction. Peterson asked if there had been any surprises found in any of the site surveys that have been done to which Ealey answered there were no surprises. Director Free stated that the developer had agreed to all Staff comments as well as Public Works, Fire and Planning. Edwards moved; Cunningham seconded to amend the motion to add more definitive language to Ordinance 2021-4 7 regarding improvement of landscaping in front of Waffle House by adding to Section 2, after Waffle House ", including, but not limited to, improvement of landscaping," The amendment passed unanimously, with Skidmore absent. Clary declared the motion carried. Edwards expressed support for Ordinance 2021-4 7. Clary moved; Petrelli seconded an amendment to Ordinance 2021-47 to add to the end of the second paragraph in Section 1 "Units will be owner-occupied." and at the end of Section 2 add "near West Main Street." Discussion included Petrelli expressing that she would like to see the "Welcome to Hendersonville" sign virtually across the road from the property receive some of the funds for improvement. The amendment passed unanimously, with Skidmore absent. Clary declared the motion carried. Clary inquired about the language of the HOA when added to the site plan asking at what point do the residents take over. Lately it has been when 100% of the lots are sold. He would like to see it lower, like at 75%. He asked if that is something that can be done at the Board level. Director Free spoke that covenants and restrictions are required so they will make sure they are reflective of what has been approved at the Final Development Plan. Director Free stated perhaps the developer could offer to turn it over at a lower percentage, but the City cannot require it. Ealey addressed the question and explained that it is called declare rights and it can't be turned over before all are sold. In essence the developer would be passing off the responsibilities of the development to the homeowners. The developer could be sued for trying to pass over the responsibility too early. Clary clarified that the bylaws Ealey was going to write will state that the developer will maintain the majority of the HOA board members until the last lot is sold. Clary disagrees and will continue to ask future developers for 75% due to issues in some of the newer developments in which this is the case. The motion passed by majority with Clary voting nay and with Skidmore absent. Clary declared the motion carried. MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGE6 The caption of Resolution 2021-57 was read, a resolution to approve the Mayfair, Phase 2 Final Development Plan and to add restaurant, quick service, to the list of permitted uses. Peterson moved; Waters seconded to approve Resolution 2021-57. Discussion included how the City intends to use the Bradford-Berry House and the costs involved. Clary stated those questions would be asked of the Capital Projects Committee and they would come to the Board with recommendations. Collins asked if the house would lose its Historic Zoning because it's a government building. Director Free addressed that the City would still have to abide by the historic overlay just as any other private citizen that owned a historic property. Further discussion included concerns with the cost of taking it over. Collins would not support spending money to restore the home if it meant cutting public safety through Police or Fire, cutting supplemental paving, cutting Capital Projects or reduce progress being made with the General Fund. Overall, the City taking ownership of the home is more rewarding than the risks involved. Roberson referenced the report from the structural engineers which wasn't bad. The historical report estimated costs could be $1,500,000.00. Clary and Director Free have discussed the first priority being to take care of the outside first and possibly go out for proposals later. Decide what to do in phases. $100,000.00 would not be sufficient for taking care of the outside. Cunningham concurs with Collins and Roberson. Clary moved; Cunningham seconded to amend Resolution 2021-57 at the end of the last paragraph by adding 'The developer will donate $100,000.00 to the City to be used as the City determines." Director Free clarified that there would be a fence built around the cemetery using the $100,000.00 donation. There is a road between the cemetery and the house. There is no fence around the house. The City may want to secure house once ownership is taken. Current owners are trying to abide by the previous owners' agreement. Without objection rules were suspended to allow the developer to address the Board. Peterson asked if there was a possibility to add more money to the donation. Jeff Cundiff with Barge Design feels the offer will go a long way. Aaron Bertrand with Oldacre McDonald stated he was not authorized to increase the donation. The amendment passed with a unanimous vote, with Skidmore absent. Clary declared the motion carried. Petrelli stated that the Bradford-Berry House was a jewel in the City and the opportunity could not be overlooked. She suggested there may be opportunities for partnerships. The motion passed unanimously as amended, with Skidmore absent. MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGE7 Clary declared the motion carried. Dixon moved; Hayes seconded a motion for a break at 8:44 pm. The motion passed unanimously, with Skidmore absent. Clary declared the motion carried. The meeting reconvened at 8:53 pm. The caption of Ordinance 2021-53 was read on first reading, an ordinance establishing a committee and adopting procedures and criteria for the naming of municipal structures. Roberson moved; Edwards seconded to approve Ordinance 2021-53. Edwards stated that citizens, he, and Clary met 7 times, 1 hour each time. The citizens involved were Vanessa Silkwood, Jeremiah Bennett, David Pigna, Janice Gray and Nancy Corley. Dixon asked spirit and intent ofltem G. Edwards explained it was discourage renaming of facilities that already had a name. The motion passed unanimously, with Skidmore absent. Clary declared the motion carried. The caption of Resolution 2021-52 was read, a resolution to annex certain territory upon written consent of the owners and to incorporate said property, located west of Longview Drive, and on the south side of Long Hollow Pike, Hendersonville Sumner County, Tennessee, as included in the approved Durham Farms, Phase 4 Final Development Plan. Peterson moved; Waters seconded to approve Resolution 2021-52. The motion passed unanimously, with Skidmore absent. Clary declared the motion carried. OTHER AGENDA ITEMS There was a unanimous vote on the appointment of Mike Wessel to the Historic Zoning Commission. Clary declared the vote carried. There was a unanimous vote on the appointment of Rose Bleich to the Beer Board. MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGES Clary declared the vote carried. Clary read a text from Skidmore requesting the possibility of deferring the vote on the Ward 2 Alderman appointment. Clary moved; Dixon seconded a motion to defer the vote on Ward 2 Alderman appointment until all Board members can be present. Peterson feels it's a disservice to the two candidates who have stayed for almost 2 hours. The motion passed by majority with the following voting: Aye: Dixon, Edwards, Peterson, Roberson, Waters and Clary. Nay: Brown, Collins, Cunningham, Hayes and Petrelli. Absent: Skidmore There was a vote on the appointment of Jason Gallo as the Director of Administrative Services. The vote passed unanimously, with Skidmore absent. Clary declared vote carried. Brief Committee Reports: General-Brown-Approval of December 14th, 2021, meeting minutes, passed-Ordinance 2022- 01, an ordinance rezoning 6.10 acres of property located on the east side of Jenkins Court, north of Saundersville Road, Resolution 2022-01, a resolution to hold a public hearing on the proposed Plan of Services for property being annexed on the east side of Jenkins Court, north of Saundersville Road, as a part of Forest Park, and Resolution 2022-03, a resolution discontinuing application to the Community Development Block Grant program until the City resolves to make future application. Public Safety-Petrelli-Approved-Ordinance 2022-02, an ordinance amending Budget Ordinance 2021-22 and accepting a State of Tennessee Department of Transportation Tennessee Highway Safety Grant in the amount of $33,453.20 for the Hendersonville Police Department, Ordinance 2022-03, an ordinance amending the Hendersonville Municipal Code, Title 7, Chapter 6, regarding explosives to be in compliance with the State, and Resolution 2022-04, a resolution to apply for a SAFER Grant for new firefighters for Fire Station #7-time sensitive, discussed CodeRed/Tomado Sirens. Planning-Peterson-Director Free stated the Hendersonville Planning Commission met on January 4, 2022. They approved the Final Plat and Site Plan for Freehill Business Park, Phase 2 (Music City Studios), recommended approval of Resolution 2022-01 -Forest Park Parcel (137 052.00) Plan of Services/Annexation, recommended approval of FLUTP Amendment for Forest Park Parcel (137 052.00 Character Area Change to MINUTES OF REGULAR MEETING JANUARY 11, 2022 PAGE9 Suburban Living, and recommended the Development Plans for Forest Park Parcel (137 052.00) - Comprehensive Development Plan (County > SR-PD) Elected the following Officers for 2021: 1. Chairman: Jeff Coker 2. Vice-Chairman: Tim Altizer 3. Secretary: Vanessa Silkwood 4. Assistant Secretary: Charles Hasty Gave year-end report of all activities last year. Capital Projects-Roberson-Will be meeting January 12, 2022, with a long list of projects for status updates. Chief of Operations Report-Eckenroth-Received Safer Grant personnel staffing numbers from Chief Bush which he will put numbers to those stats and get back to the Board, congrats to Jason Gallo, ARPA Funds final rulings came out; there have been multiple workshops, there is a webinar tomorrow and Jesse has asked our consultant for briefing. The rules are more lenient than the original rules and will allow much more flexibility. Jesse wiJl keep the Board apprised of the findings. It looks favorable for the City. Shout out to depts who worked storm debris, Fire, Police, Sarah [Director Lock] and Trace getting the FEMA paperwork in place, two days of trash missed due to inclement weather. Jesse made the decision that would be the least disruptive to the City which was to have trash collected on Monday. Otherwise, it would have taken 2 weeks to get back on regular route. , Mayoral Report-Will be included with the next BOMA packet. Upon motion and second and followed by a unanimous vote for approval, the meeting adjourned at 9: 10 p.m. Attest: Robert Manning, City Recorder