Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING February 22, 2022, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR STEVE BROWN, ALDERMAN RACHEL COLLINS, ALDERMAN ARLENE CUNNINGHAM,ALDERMAN KAREN DIXON, ALDERMAN RUSS EDWARDS, ALDERMAN JONATHAN HAYES, ALDERMAN LEEPETERSON,ALDERMAN LORI PHILLIPS EDDIE ROBERSON, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT PEG PETRELLI, VICE-MAYOR MARK SKIDMORE, ALDERMAN The meeting was opened with prayer led by Eddie Roberson and The Pledge of Allegiance led by Mayor Clary. AGENDA The February 22, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Peterson moved; seconded by Hayes to approve the February 22, 2022, agenda. There was a unanimous vote to approve the agenda with Petrelli and Skidmore absent. Clary declared the motion carried. PRESENTATIONS None MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE2 PUBLIC HEARING Public hearing for Ordinance 2022-01 and Resolution 2022-02, to hear comments on a request by TNHomesites.com to annex 6.10 acres into the City Limits, to rezone the property to Suburban Residential, Low Density, Planned Development (SR-1 PD), and to approve a Comprehensive Development Plan for the property, based on the Forest Park Final Development Plan As there was no one signed up to speak, Mayor Clary declared the Public Hearing closed. MINUTES Waters moved; seconded by Cunningham to approve the February 8, 2022, minutes. There was a majority vote of 9-2 to approve the minutes with Edwards and Roberson abstaining and Petrelli and Skidmore absent. Clary declared the motion carried. CITIZENS' COMMENTS Jeff Sasse of 106 Villa Way, Hendersonville, TN addressed the Board regarding Resolution 2022-08, known as the Goat Farm with questions seeking clarification of forgoing the taxes. Eric O' Saile of 511 Indian Lake Road, Hendersonville, TN addressed the Board regarding an alternate site for the cell tower. The alternate site is 500 Indian Lake Road at the Swim Club. He suggested the City offer to pay the cost of differential construction costs incurred by Crown Castle for the new site and see if the school would extend the contract for one more year. This alternate location would be 300 feet away from residents and 500 feet away from Firehouse 4. O'Saile hopes to have a Public Hearing at the next BOMA meeting to discuss further. CONSENT AGENDA The caption was read for second and final reading of Ordinance 2022-04, an ordinance amending the Hendersonville Municipal Code, Title 2, Chapter 3, American with Disabilities Board and Grievance Committee. The caption was read for Resolution 2022-09, a resolution supporting the restoration of the historical state shared sales tax relationship and the increased single-article cap revenue-sharing relationship between the State of Tennessee and local governments. Collins moved; Hayes seconded to approve Ordinance 2022-04 and Resolution 2022-09. There was no discussion. The motion passed unanimously with Petrelli and Skidmore absent. M1NUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE3 Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read on Resolution 2022-02, a resolution to annex certain territory upon written consent of the owners and to incorporate said property, located on the east side of Jenkins Court, north ofSaundersville Road, Hendersonville, Sumner County, Tennessee, based on the approved Forest Park Final Development Plan. Peterson moved; Hayes seconded to approve Resolution 2022-02. The motion passed unanimously with Petrelli and Skidmore absent. Clary declared the motion carried. The caption of Ordinance 2022-01 was read on second and final reading, an ordinance rezoning 6.10 acres of property located on the east side of Jenkins Court, north of Saundersville Road. Peterson moved; Waters seconded to approve Ordinance 2022-01. The motion passed by majority 10-1 with Clary voting no and Petrelli and Skidmore absent. Clary declared the motion carried. The caption of Resolution 2022-08 was read, a resolution of the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee approving an Economic Impact Plan for the Shute Lane development area. Clary moved; Collins seconded to approve Resolution 2022-08. Roberson asked whether Shute Lane would be the only City road affected. Without objection, the rules were suspended to allow Kevin Caine to speak on behalf of Stratos Development. Caine verified that Shute Lane would be the main road affected and Vaughn Road somewhat affected but the infrastructure would take care of the increased demand in traffic. Kane clarified that the Park being discussed is in a separate parcel from the three (3) acres adjacent to and being donated to Jack Anderson Elementary. Peterson stated he would be abstaining from the motion due to a conflict of interest. Clary clarified that the City is not obligating itself at all to make any improvements. Collins explained how the TIF {Tax Increment Financing) works and that the City is not giving up any of the income but instead giving up the increment of the taxes as the land is improved. Collins also stated the documents for the IDB will include quarterly MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE4 transaction reports and the City and City Attorney can review the contracts in an effort to maintain transparency and accountability. The motion passed by majority 10-1 with Peterson abstaining, with Petrelli and Skidmore absent. Clary declared the motion carried. The caption of Ordinance 2022-05 was read on second and final reading, an ordinance amending the Ordinance 2021-22 to reflect mid-year adjustments to the City's 2022 fiscal year budget. Clary moved; Cunningham seconded to approve Ordinance 2022-05. Roberson moved; Waters seconded to amend Ordinance 2022-05 to give COO Jesse Eckenroth a $400.00 car allowance beginning March 2022. The amendment passed unanimously with Petrelli and Skidmore absent. Clary declared the motion passed. Brown asked for clarification from Eckenroth and Director Lock regarding the increase in Professional Services of $250,000.00. Eckenroth explained there are three positions in Public Works that are currently vacant. The professional services have been used to backfill those positions. The sense of urgency to complete some of the capital projects require more professional services. Director Lock expounded further that a consultant for the City Engineer professional services is being utilized to review the bulk of development projects through the Planning Commission. Director Lock follows up with a review for quality control to make sure they are catching everything. With the three vacant positions in the department, Director Lock has not had to time to review the development plan reviews that would normally fall to the City Engineer or Assistant City Engineer, both vacant. The Traffic Engineer position has been vacant for a while, so the on-call Traffic Engineer has had to be utilized more than before for safety reviews and traffic calming reviews. In addition, professional services are being used to pay for some of the tornado debris cleanup. The City Engineer will be tentatively starting March 7th , 2022, and the other two positions will report to him so hiring has been held until the City Engineer position was filled. Eckenroth explained that in order to be conservative with the Budget, the Salaries figure in the Budget was not reduced so that a shift in Salaries and Benefits will be seen and come in much lower than Budget. At the end of the year the difference will net out to zero, or at least close to zero. Clary moved; Brown seconded to appropriate $1,800.00 to pay the Stormwater Appeals Board members $100.00 per month, beginning February 2022. MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGES Cunningham asked for clarification of the number of members on the Stormwater Appeals Board, frequency of the meetings, and the type of appeals they are reviewing. Clary confirmed there were three and they meet as often as needed but at least every six months with time met for training. Director Lock clarified the Stormwater Appeals Board's main objective was to hear appeals for civil penalties on commercial businesses and through the construction process for those who are not compliant with our ordinance. Because it is a utility, there is not an appeal to not pay the fee. It is considered to be the same as an electric bill or water bill. The amendment passed unanimously, with Petrelli and Skidmore absent. Clary declared the motion carried. The main motion passed unanimously as amended, with Petrelli and Skidmore absent. Clary declared the motion carried. The caption of Resolution of 2022-10 was read, a resolution amending the Job Classification List and Pay Table regarding certain positions and creating two new positions. Brown moved; Hayes seconded to approve Resolution of 2022-10. Dixon asked for an outline of the two new positions and the purpose. Eckenroth explained that two new positions were not being requested. New job descriptions were created as the work being done in those positions was materially different than the current job description. He further explained that the Parks position was vacant and Director Gilley assessed the position prior to the vacancy and found that the work that was being done in the position helped the department to function well and was not in line with the current job description. If the new job description can be filled at a higher level of work, it would be beneficial. If not, the current vacated position still remains. The new job description for IT will be offered to a current employee who is doing work that is materially different than what they were hired to do. The main purpose was to clean up some language and get market rates current on those jobs. Peterson inquired to Eckenroth as to whether there had been anymore consideration to hiring a Grant Writer. Eckenroth explained that as of now, professional services would continue to be used, but there is consideration for an in-house grant writer. Waters asked for a recap of the Parks position for which Eckenroth responded as above. The motion passed unanimously, with Petrelli and Skidmore absent. MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE6 Clary declared the motion carried. The caption of Resolution 2022-11 was read, a resolution authorizing the Mayor to Execute a revised lease agreement regarding the Monthaven property. Clary moved; Cunningham seconded to approve Resolution 2022-11. Clary explained that the lease agreement is with the Hendersonville Arts Council and it's being changed to the Monthaven Arts and Cultural Center (MACC). Clary moved; Hayes seconded to amend Resolution 2022-11 to include a fifth item in the paragraph beginning ''NOW, THEREFORE" which states what the City's expectations are. This generated from concerns expressed in the General Committee. Clary met with City Attorney John Bradley and MACC board members and MACC attorney Colton Jones to explain what the City's expectations are for the MACC in the way they use and maintain the City's property and what the City's responsibilities are for that property. Item #5 includes that MACC will be responsible for maintaining the lawn and landscaping, indoor cleaning and basic operational upkeep of the building and grounds. The City shall maintain responsibility for the larger improvements and repair and replacement projects related to the building and the grounds put otherwise is contemplated and understood by the parties that the MACC will handle the day-to-day maintenance, cleaning, and other upkeep of the property which are minor in scope for the City will maintain responsibility for the more significant projects on the building and grounds which is more capable of handling the financial burden. This provision may be amended at a later date if/when the MACC is more capable of handling those larger projects and repair and replacement. Brown moved; Hayes seconded to amend the amendment by defining the City's responsibilities for larger improvements, repair and replacement projects related to building and grounds for anything over $1,000.00. Clary's concern is that something might not get taken care of. The members ofMACC were allowed to respond to that. Colton Jones identified himself as a Board member and de facto lawyer of MACC. He stated if the dollar amount clarified things satisfactorily, they were fine with that change. The motion for the amendment to the amendment was restated to say that Item #5 in the paragraph beginning ''NOW, THEREFORE" will be clarified between City Attorney John Bradley and MACC attorney Colton Jones to be reworded for better understanding, to authorize Mayor Clary to sign the clarified revised lease agreement with the understanding that minor is defined as under $1,000.00. Edwards inquired to changing "improvements" to "repairs" as MACC may choose to do landscaping or some MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE7 project that is over $1,000.00. Bradley stated that could be clarified as well. Both Brown and Hayes agreed. The amendment to the amendment to Resolution 2022-11 passed unanimously with Petrelli and Skidmore absent. Clary declared the motion carried. The motion to amend Resolution 2022-11 passed unanimously with Petrelli and Skidmore absent. Clary declared the motion carried. Collins questioned the wording ofltem #3 in the in the paragraph beginning ''NOW, THEREFORE" stating it sounded like MACC was entitled to the money previously designated to the Arts Council, seemingly that it's one or the other and is unclear as to why things that happen in the Non-Profit Committee are being addressed in a lease agreement. Also, Item #4 in the paragraph beginning ''NOW, THEREFORE", it's unclear why the Arts Council would be dictated to the 25-year lease. They should be able to determine their own mission and goals within the City's ordinance. Bradley stated that he made the aforementioned changes to be clear that the City is not obligating itself to appropriate money. The City may appropriate money to the Arts Council instead or both. Bradley stated he and Mr. Pitcher discussed there continuing to be a need for the Arts Council but maybe focus on local events such as local artists. The reason for the language is just to make sure that it continues to be operated and that the Arts Council is still able to meet in Monthaven even though it is being leased to MACC. If it is decided to do away with the Arts Council or even make changes to it, a change would not be required in this lease agreement. Collins inquired due to Monthaven being a historical building should we be doing any kind of annual inspection to protect the City's interest in the building. Director Lock responded that she isn't away of an annual inspection outside of City staff, but City staff does regularly visit the building and inspects the condition. If the Board desires additional inspection it can be investigated. Bradley stated as the owner of the property the City still has the right to inspect it in a reasonable time. Collins added that she spoke to a realtor who estimated if the building were being rented it would be around $10,000.00 to $12,000.00 a month for that type of facility. She emphasized the "significant gift" that MACC had. Peterson stated he did not see a dollar amount that Monthaven was being rented for. MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGES Bradley stated it was being donated; MACC does not pay rent. Peterson questioned if that was in the best interest of the City. Clary responded that he feels it is in the best interest of the City as there are some City facilities that we have to pay people to take care of. The community has the opportunity to use this building as a give back to the Arts community. Peterson doesn't want it to appear the City is giving a charity preferential treatment over other charities as there are so many good ones in the community. He asked if there was a dollar amount of the financial benefit to the City that justifies us giving them a $1.00 per year lease. Cunningham responded that what the Arts Council does in the community on behalf of the City of Hendersonville is invaluable; it is likened to an amenity that the City has to offer to the citizens like the Parks Department and all the different activities they offer to the community. Art is more than painting and drawing; it's music, songwriters, activities for elementary and junior high schools. Edwards followed up with stating that Monthaven does a lot of Veterans outreach and while a dollar amount has been put on the building, the market to rent that type of venue is very limited. MACC is taking care of the City property for us for free. The City is receiving tangible and intangible benefits. The Bradford-Berry house serves as a good example of a property that has not been properly maintained. Peterson stated he wants to make sure the City is not left out and taxpayers are benefited as well. He suggested that perhaps MACC has a fundraiser to reimburse the City for the property tax. Collins moved; Edwards seconded to amend Resolution 2022-11, Item #4 in the paragraph beginning "NOW, THEREFORE" to remove the language after "agency of the City" in the first sentence. Hayes suggested that the Non-Profit Committee could try to put an ROI on what Monthaven does and what happens there for the City. The motion to amend Resolution 2022-11 passed unanimously with Petrelli and Skidmore absent. Clary declared the motion carried. The main motion to approve Resolution 2022-11 as amended passed unanimously with Petrelli and Skidmore absent. Clary declared the motion carried. MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE9 OTHER AGENDA ITEMS REPORTS Brief Committee Reports: Finance- Cunnine:ham 1. Resolution 2022-08, a Resolution of the City of Hendersonville, Tennessee, approving an economic impact plan for the Shute Lane Development Area was recommended unanimously. 2. Resolution 2022-09, a Resolution supporting the restoration of the historical state shared sales tax relationship and the increased single-article cap revenue-sharing relationship between the State of Tennessee and local governments was recommended unanimously. 3. Sales Tax Analysis Report-$116,000.00 increase month over month; overall sales tax this month came in at $1.905 million, $1.3 million increase year over year. 4. Hotel-Motel Tax Report-Pre-Covid numbers 5. Stormwater Report-Expenses are down a bit as City resources are being redirected to tornado cleanup efforts, but there will be more spent between now and fiscal year ending 6/30/22. 6. ARPA Lost Revenue Reimbursement-Jesse gave an update. 7. In-Line Hockey Project Update-92%-94% completed. Local leagues are playing. 8. Diabetes Grant - Letter oflntent-$450,000.00 grant over a three-year period with possible projects of pickleball courts, greenway, and fitness equipment for our parks. Public Works-Skidmore-Given by Roberson in Skidmore's absence. 1. Discussed a Litter Program and that it would be a good fit for Beautiful Hendersonville. March 26, 2022, Sumner County is having a litter pickup day organized by the Department of Health. 2. Discussed a franchise request from Cumberland Electric to bring broadband and cable to unserved areas in Hendersonville. This is the result of legislative action that allows Co-Ops the ability to provide cable TV service to those areas without and the potential to have some competitive alternatives to some providers within the Cumberland Electric franchise area. It will be on the next BOMA meeting agenda. 3. Discussions with Crown Castle have taken place and three areas were found that needed to be amended in the contract. Crown Castle has agreed to make these amendments. The contract has been executed. A) Crown Castle has agreed to install some bird mitigation electronics to discourage roosting and help alleviate bird droppings. B) If the birds do cause litter on the Fire Department area Crown Castle has agreed to come periodically and clean it up. C) Crown Castle will periodically test the RF readings to make sure they stay in the parameters of safety. 4 . Light Synchronization-Still no definitive answers from the State. The Mayor has been speaking with our legislative delegation and they have agreed to try to influence TDOT to move quicker. MINUTES OF REGULAR MEETING FEBRUARY 22, 2022 PAGE IO Chief of Operations Report-Eckenroth- 1. Congratulations to Finance Director Robert Manning and Fire Chief Scotty Bush on completing the CPM (Certified Professional Manager) Program. Robert did an in- depth analysis of taking a Procurement Officer in house and decentralizing purchasing. 2. Reminder of two upcoming workshops. One will be held February 24, 2022, for trash. It will be a multi-part workshop. Workshop #1 will focus on what the existing contract with WastePro outlines, how they operate every day and how that is driven by the contract, frame the context in which they operate, expectations, open for the public to talk about things they like about WastePro and things they would like to be improved. Workshop #2 will talk about ideas for improvements with a probable additional workshop that coincides with a Budget meeting. 3. On February 24, 2022, there will be a Ward 5 Town Hall meeting at 6:30. Brown inquired on the status of Fire Hall #7. Jesse stated they were about two and a half weeks behind schedule going out for bid. They had received some comments back and were working revising the plans to make sure a clean set of plans went out from Wold HFR, the architect. It may be the end of April, early May before the Notice to Proceed is received. Mayoral Report-Included in packet. Upon motion by Peterson and second by Cunningham there was a unanimous vote for approval with Petrelli and Skidmore absent, the meeting adjourned at 8:37 p.m. Approved: Jamie Clary, Mayor