Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN May 10th, 2022, at 7:00 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Mayor II. Acceptance of agenda III. Presentations A. Presentation of a Proclamation to Laura Mueller with Sumner County CASA B. Presentation of a Proclamation to Julie White for Older Americans Month C. Presentation of a Proclamation to recognize City Employee Service D. Presentation to firefighters IV. Public Hearing V. Minutes A. Approval of the April 26th, 2022, meeting minutes 3-10 VI. Citizens Comments VII. Consent Agenda VIII. Ordinances and Resolutions Brown, 1. Second and final reading of Ordinance 2022-07, an ordinance appropriating funds 11-15 Cunningham, for the construction of a fire hall at 1342 Drakes Creek Road Petrelli, Roberson, and Skidmore Clary 2. First reading of Ordinance 2022-08, an ordinance approving the sale of surplus City 16-20 property near Fire Hall #5 for its fair market value Clary 3. Reading of Resolution 2022-22, a resolution approving the issuance of Senior 21-30 Living Revenue Bonds for capital improvements to senior living facilities IX. Other Agenda Items 4. Vote on the appointment of Mahlon Hellman to the Board of Parks & Recreation 31 1  X. Reports 5. Brief Committee Reports: 1. General – Brown 2. Public Safety – Petrelli 3. Planning – Peterson 6. Chief of Operations Report 7. Mayoral Report (information included in packet) 32 XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda A. Consideration of the reappointment of Thomas Golden to the Board of Parks and Recreation Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. 2 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING April 26, 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 HAYES, ALDERMAN LEE PETERSON, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT LORI PHILLIPS, ALDERMAN The meeting opened with prayer led by Les Chapman, Senior Minister of Hendersonville Church of Christ and The Pledge of Allegiance led by Boy Scout Troop 413 from Hendersonville First Baptist Church. AGENDA The April 26, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Hayes moved; seconded by Dixon to approve the April 26, 2022, agenda. Roberson moved; Hayes seconded to amend the agenda by grouping numbers 4, 5 & 6 under Item IX Other Agenda Items and adding a Capital Projects Report under Item X Reports, Brief Committee Reports. Clary noted the waiver of the 2-week waiting period on number 3 under Item VIII Ordinances and Resolutions. There was a unanimous vote to approve the amendment to the agenda with Phillips absent. Clary declared the motion carried. 3 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 2 There was a unanimous vote to approve the agenda with Phillips absent. Clary declared the motion carried. PRESENTATIONS There was a presentation of a Proclamation to Reid Autry, 8-year-old Team USA BMX racer, who has excelled at his sport of BMX riding. • Reid has been riding BMX and racing competitively since the age of three (3). • Placed first in the USA BMX Carolina Nationals in South Carolina • Qualified to compete in the UCI BMX World Championship event which is an annual International Championship Competition to be held in France in July 2022. • Reid will be representing Hendersonville and the USA in France. There was a presentation of a Proclamation by Mayor Clary to recognize City Employee Service. The categories, recognized in increments of five (5) years, ranged from five (5) years of service up to forty-five (45) years of service. Alana Hibbler was present with guests to receive her 10-year Service Award Presentation from Mayor Clary and Administrative Services Director Jason Gallo and to represent all members of staff receiving the recognition. PUBLIC HEARING Public hearing for Resolution 2022-19, to hear comments on a request by Justin Collier to amend the Drakes Pointe Final Development Plan to reduce the 15-foot Landscape Buffer Easement along the rear of Lot 36 to construct a pool and spa. No one signed up to speak. Clary stated it would be considered later in the meeting. Public hearing for Resolution 2022-21, to hear comments on a request by Cody Rothwell to appeal the Hendersonville Planning Commission’s decision to deny the addition of Restaurant, Quick Service, Limited to Coffee Shop, to the List of Permitted Used for Lot D of the Bluegrass Yacht & Country Club Final Development Plan. Bill Geiger of 107 Apache Court addressed the Board and expressed his support for Resolution 2022-21 stating he felt it would be a good use for the property. He stated he is a little confused about the zoning and how it would be consistent with other zonings in Hendersonville. He checked restrictions for the property recorded at the Register’s Office and found those restrictions do not prohibit a coffee shop. Dr. Wayne McElhiney of 109 Belmont Circle addressed the Board with non-support for Resolution 2022-21. His concern is the proximity of the business to the residential area and the problems it would create for the residents. Concerns included the lights and noise from the traffic, the outdoor music being played, trash pickup before 6 am, closeness of cars passing on the access, the daycare nearby (increased traffic) and the name of the coffee shop not being representative of the community. 4 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 3 MINUTES Waters moved; seconded by Cunningham to approve the April 12, 2022, minutes. There was a majority vote 11-1 to approve the minutes with Phillips absent and Skidmore abstaining. Clary declared the motion carried. CITIZENS’ COMMENTS Mayor Clary read the guidelines for public comments. Robert Little of 314 Raindrop Lane addressed the Board with three (3) issues/concerns. • Drainage problem since 2010. The flood waters in 2010 broke through a rusted drainpipe. In September of 2010 Mr. Little received an email response stating it was on the shortlist to be repaired soon. Thirteen (13) years later, the problem has not been resolved. Mr. Little passed around photos of the drainage issues. • White line down Creekwood Lane-Why? It is a dead-end street. He was told it was to slow traffic down. It was brought before Public Works that Scotch Street in front of Whitten Elementary needs one and does not have it. • Vietnam Vets and New Shackle has more than three (3) times the accidents than the rest of the City. Businesses at Glenbrook were given a variance to build even though they were in the flood plain. Mr. Little’s concern is when the City starts approving Stop 30 rezoning, they will be given a variance as well as it is located in a flood plain. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for Resolution 2022-19, resolution to amend the Drakes Pointe Final Development Plan, to reduce the 15-foot Landscape Buffer Easement along the rear of Lot 26 to construct a pool and spa. Peterson moved; Roberson seconded to approve Resolution 2022-19. The rules were suspended without objection to allow Timothy Whitten of the Planning Department and the applicant to speak. Whitten explained that the development of the subdivision was approved with a fifteen (15)-foot landscape easement to preserve trees. Swim World obtained a permit for the pool and spa with the fifteen (15) foot setback listed. During construction it was discovered that the pool substantially encroached on the setback. Staff determined the 5 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 4 only option to move forward was to petition the Planning Commission to obtain a variance by submitting a Final Development Plan Amendment with the encroachment of the pool being seven (7) feet into the easement and the spa encroaching an additional three and a half (3 ½) feet into the easement. The Planning Commission unanimously approved but required it move on to BOMA. The General Committee recommended approval to BOMA, and the HOA also approved it. Brown, Hayes & Roberson voiced their support for the Resolution. Brown requested of Planning that in the future swim companies be monitored more closely, whether that was through inspections or otherwise, to follow the rules. There was a unanimous vote to approve the motion with Phillips absent. Clary declared the motion carried. The caption was read for Resolution 2022-21, a resolution to appeal the Hendersonville Planning Commission’s decision to deny the addition of Restaurant, Quick Service, Limited to Coffee Shop, to the List of Permitted Uses for Lot D of the Bluegrass Yacht & Country Club Final Development Plan. Hayes moved; Cunningham seconded to approve Resolution 2022-21. Clary explained that this resolution would be approving the zoning change. Upon explanation Hayes was not comfortable with making the motion. Cunningham moved; Peterson seconded to approve Resolution 2022-21. Whitten suggested that the motion include to be approved with Staff Comments. Discussion included on what basis did the Planning Commission deny the zoning change. Whitten stated what he heard during the discussion evolved around the traffic and noise from the squawk box generated by the use. The name of the establishment was not a reason for denial. The rules were suspended without objection to allow Cody Rothwell, Franchisee of Bad Ass Coffee of Hawaii to speak. Rothwell stated he and his wife were franchisee owners. Music would be played outside on the patio but he had spoken with the HOA President of the bordering property and asked him to give him a call if the music became a problem. Rothwell stated the dumpster emptying is on a set schedule, and he will get on the same schedule with Dollar General to not empty prior to six o’clock (6:00) am. The estimated car count is 250-350 per day. Dollar General has 600-700 per day. Cunningham stated her support. 6 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 5 Waters stated he had never challenged a Planning Commission decision and he would not be voting against the Planning Commission. He also stated his dislike of the name of the coffee shop and felt that did not fit the community. Waters stated he would not support the zoning change. Hayes expressed his concern for the noise from the microphones and speakers and he had been back and forth with his stance. As much as he supports business and commerce, he stated he could not support the zoning change. Collins inquired how many feet away from Dr. McElhiney’s property was the squawk box. Rothwell stated it was sixty-seven feet. Whitten stated the drive-thru lane would be closer than that. Further discussion revealed that the squawk box is on the side of the building facing Dollar General, not on the back of the building. There were no other examples that could be recalled of businesses with a drive-thru that is this close to residential areas. There was no traffic study done, there were only rumors of the daycare opening back up. Collins supports Rothwell and his business, just not at this location. Roberson stated he supports the original zoning of the Planning Commission and cannot support the zoning change. The motion failed 3-9 with Phillips absent and the following voting: Aye: Cunningham, Dixon, Peterson Nay: Brown, Collins, Edwards, Hayes, Petrelli, Roberson, Skidmore, Waters, Clary Clary declared the motion failed. The caption was read on first reading for Ordinance 2022-07, an ordinance appropriating funds for the construction of a fire hall at 1342 Drakes Creek Road (Subject to approval by the Board pursuant to Ordinance 2002-12). Brown moved; Petrelli seconded a motion to approve Ordinance 2022-07 on first reading. Waters addressed Chief Bush asking how many stations currently have three (3) bays. Station Three (3) has three (3) bays, Station Five (5) has two and a half (2 ½) bays. The other four (4) stations have two (2) bays. Discussion included reasons for having three (3) bays for the new Firehall Seven (7) to be built. Chief Bush described each current station and how they operated and were staffed and equipment housed in each. The difference in cost of building only two (2) bays was $400,000.00. The third bay will allow response time to Autumn Creek, Fountain Brooke and Durham Farms to be cut in half which would bring it closer to the national average of four (4) to (5) minutes. Wards Five (5) and Six (6) will be serviced. 7 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 6 The goal is to aid in safety of the citizens. The third bay would add service and reduce response time to citizens. Sixty-three (63) % of 8600 calls last year were EMS related. Cunningham noted that to build a partial bay in 2015 was $600,000.00. An additional full bay can be built now for $400,000.00. She also noted the City has the funds to do this as it stands. She supports Ordinance 2022-07. Roberson supports Ordinance 2022-07 as well. Out of six (6) stations, three (3) house ambulances. The county does not contribute toward the operation of the EMS. Station Seven (7) will also service Ward 2 and Stop 30. If a third bay is built it would allow for the Heavy Rescue truck to be put into service, equipped, and staffed. By utilizing the Heavy Rescue it will save existing trucks. New trucks cost around $1.3 million. The Heavy Rescue and Engine would rotate. The ability to move around in subdivisions is becoming easier due to the engines now being built with shorter wheelbases. Low bid came in at $5.27 million with a contingency of $75,000.00. The building of a third bay will not prevent the Rugby restrooms from being built, having an adequate paving budget nor hinder the ability to meet the Comptrollers suggested General Fund Balance. Hayes supports the building of the third bay. He stated in the Ward 5 Townhall meeting held recently at City Hall, the conversations concentrated heavily on the response time for emergency services. Peterson inquired if the $2.5 million bond from a couple of years ago was included in the funds available; it is. He also verified that the City never received a guarantee from Sumner County to help with the cost. Clary verified there was neither a “yes” or “no” answer and he would continue to communicate with the County on that aspect. Collins stated Ward 5 will be heavily impacted. She supports the third bay. Planning for what has happened five (5) and ten (10) years ago needs to be discontinued. Planning needs to begin for ten (10) – fifteen (15) years ahead. Petrelli stated Public Safety being the number one priority has been her goal. She called the question, but no one was in the cue to speak. There was a unanimous vote to approve the motion with Phillips absent. Clary declared the motion carried. OTHER AGENDA ITEMS The following were considered and voted on as a group. • The appointment of Ken Franke to the Industrial Development Board. • The reappointment of Robert “Bubba” Perry to the Board of Parks and Recreation. • The reappointment of Mike Pike to the Board of Parks and Recreation. 8 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 7 Hayes moved; Dixon seconded to approve the appointment and reappointments to respective Boards. There was a unanimous vote to approve the motion with Phillips absent. Clary declared the motion carried. REPORTS Brief Committee Reports: Finance – Cunningham: • Met on April 26, 2022 • Reading of Ordinance 2022-07, an ordinance appropriating funds for the construction of a fire hall at 1342 Drakes Creek Road was recommended two (2) – one (1) to BOMA. • Reading of Ordinance 2022-08, an ordinance approving the sale of surplus City property near Fire Hall #5 for its fair market value was recommended unanimously to BOMA. • Reading of Resolution 2022-22, a resolution approving the issuance of Senior Living Revenue Bonds for capital improvements to senior living facilities was recommended unanimously to BOMA. • March Sales Tax Analysis Report-Up month over month $250,000.00; Up YTD year over year $1.67 million; Projections of finishing the fiscal year up $2.8 million over last year. • February Hotel Motel Tax Report-Steadily improving. $20,900.00 compared to last year’s $13,000.00 • Fiscal Year 2023 Budget Review-Reviewed only with Finance Director Robert Manning. No changes were recommended. • Fund Balance-Reviewed with COO Jesse Eckenroth • Contingency Funds (Verbal Update)- Reviewed with COO Jesse Eckenroth. Details still to be discussed. Public Works – Skidmore-Reported by Roberson: • Met April 26, 2022 • Fiscal Year 2023 Budget Review-There were a couple of suggestions for utilization of State Street Aid funds for paving and the Stormwater budget was discussed among other things. There was a brief report to update the Light Synchronization project. It has not gone out for bid. The State had changes they wanted to make to the bid document. The State has assured that will be completed in 2 weeks and will go out for bid. Capital Projects-Roberson • Met on April 18, 2022 • Looked at GNRC funding-source for funding Capital Projects. • State provides 80%; City provides 20% • Staff brought recommendations to reprioritize the GNRC funding to the committee. • The committee moved up four (4) projects in prioritization. 9 MINUTES OF REGULAR MEETING APRIL 26, 2022 PAGE 8 1. The Light Synchronization Project 2. The Sanders Ferry/Drakes Creek Bike Trail & Greenway 3. The Walton Ferry/Old Shackle Island Improvement-straightening 4. The Drakes Creek/Stop 30 Project-raising the intersection out of the flood plain. • Staff is going back to the GNRC to try to obtain more money which will lower the cost for the City. • The Indian Lake widening has been delayed. • The Rockland Road widening has been delayed. • Agreed on locating the pickleball courts to be placed at Memorial Parks • The pickleball courts and Rugby restrooms bids came in greater than expected. The committee charged the staff to explore options to lower the costs. Petrelli inquired of the cost of the pickleball project. It came in at over $1 million with eight (8) courts, lights, and a new parking lot. The committee wants to see the cost of four (4) courts, no lights, and a reduced size of the parking lot. The Rugby restrooms bid came in at $500,000.00 Chief of Operations Report-Eckenroth: • Reviewed the Fund Balance in Finance Committee meeting • The City met the Comptroller’s recommendation for unrestricted funds according to the FY 2021 audited financials and was able to put over $1.5 million in the prudent reserve and $1.5 million in the infrastructure reserve. • Received word today (4/26/22) from the TN State Comptroller that they concurred with the ARPA funding plan of spending submitted to them. Mayoral Report-Included in the packet. Clary asked the Board members their availability for a Budget Workshop on May 9, 2022, at 5:00 pm. Several were not available. Clary stated he would send an email. Upon motion by Waters and second by Dixon there was a majority vote (11-0) for approval to adjourn with Phillips absent and Edwards not voting. The meeting adjourned at 8:47 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 10  ORDINANCE 2022-07 Sponsors: Brown, Cunningham, Petrelli, Roberson, Skidmore AN ORDINANCE APPROPRIATING FUNDS FOR THE CONSTRUCTION OF A FIRE HALL AT 1342 DRAKES CREEK ROAD WHEREAS, the Capital Projects Committee of the City of Hendersonville, Tennessee (“the City ”), has recommended that a three-bay fire hall should be constructed on City- owned property with an address of 1342 Drakes Creek Road; WHEREAS, the project has been designed and competitively bid for the purpose of selecting a general contractor to construct the new fire hall; WHEREAS, as a result of competitive bidding to this project, Boger Construction, Inc., has been recommended as the general contractor; and WHEREAS, the City needs to authorize the funding for this project, and authorize the Mayor to sign documents necessary for the project: NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee, that an amount not to exceed $2,911,800 is hereby appropriated from the General Fund to pay for the construction of a new fire hall, and related expenses, on city-owned property at 1342 Drakes Creek Road. Further, the Mayor is authorized to execute such documents as are necessary for this project, including the execution of a contract with Boger Construction, Inc. This ordinance shall take effect at the earliest date allowed by law. 1st Reading: April 26th, 2022, Passed 2nd Reading: APPROVED: _____________________________ ATTEST: JAMIE CLARY, Mayor ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 11  LEGISLATIVE HISTORY Ordinance 2022-07 Sponsors: Brown, Cunningham, Petrelli, Roberson, Skidmore Committee: Finance Date of Committee Meeting: April 26th, 2022 Committee Recommendation: Yes First BOMA Reading: April 26th, 2022 Vote: Aye: Brown, Collins, Cunningham, Dixon, Edwards, Hayes, Peterson, Petrelli, Roberson, Skidmore, Waters, and Clary. Nay: None. Absent: Phillips. Motion carried. Second BOMA Reading: May 10th, 2022 12 DATE: May 10th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-07 Consider approval of Ordinance 2022-07 to appropriate SPECIFIC REQUEST/ RECOMMENDATION: $2,911,800 to award a construction contract for Fire Hall #7 with three bays STAFF REPORT REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations BACKGROUND: 1 The city has six (6) fire halls and has developed plans for a 7th fire hall. The building plans for Fire Hall #7 were developed by Wold/HFR and have been reviewed by city staff. A notice inviting bids for the construction of Fire Hall #7 was posted on multiple platforms, bids were received on April 7th. DISCUSSION: 2 Six (6) bids were received for the construction of Fire Hall #7. The bids were comprised of a base bid and an alternate bid. Bids prices, including the alternate option, ranged from $5,270,000 to $6,136,623. The bid includes minor contingency funding of $75,000 and allows for a 300-day timeline, penalized at $500 per day for every day past 300 days. At the 04/18 Capital Projects Committee meeting a unanimous recommendation was made to move forward with the construction of Fire Hall #7 with three apparatus bays. FISCAL IMPACT: 3 The low bid by Boger Construction is $5,270,000, additional management and materials testing of $85,000 brings the total construction phase to a cost of $5,355,000. A $2,500,000 capital outlay note was previously issued for the project and has an available balance of $2,443,200.24 after encumbered design costs and an additional $51,240.24 from savings on the Fire Engine are accounted for. The FY22 budget will need a budget adjustment of $2,911,800 to fund Fire Hall #7 ATTACHMENTS: 4 Bid Tabs 13  Pursuant to the Invitation to Bid extended for Bid Tab Page of Signature required only by Presiding Official. 1 2 Others can be printed or typed. Hendersonville Fire Station No. 7 Bids opened in How many Hendersonville, TN Presiding 2 Official Hendersonville, TN addenda issued: Contract Time bids and modifications must have been received here by Designer represented by Beth Meadows / J. Ray 300 days 2:00 p.m. local time, Thursday, April 7, 2022 Liquidated Damages I, thus declare the bidding closed, and now will proceed to open Owner represented by Chief Bush $500 per day and read bids and modifications which have been received. Drug Add Bid Unit Regulated Subcontractors Bidders (name, city, license number) Affvt Ack Secur Prices Base Bid ALTERNATE #1 Notes Plumbing NK Mechanical Name HVAC NK Mechanical Boger Construction X X X X 4,875,000.00 395,000.00 Electrical Fast Electrical Contractors Masonry Music City Tru Line Contractors City Hendersonville Geothermal N/A License Number Base+A1,2,3,4= 67510 Roofing Meyers Brothers Roofing 5,270,000.00 Plumbing Name HVAC C & C Contracting, LLC NO RESPONSE Electrical Masonry City Russellville, KY Geothermal License Number 48661 Roofing Plumbing Name R. W. Childrey General HVAC Contractor NO RESPONSE Electrical Masonry City Franklin Geothermal License Number 76722 Roofing Plumbing Doc Air Name HVAC Doc Air Dowdle Construction Group X X X X 5,752,000.00 384,623.00 Electrical Fast Electric Masonry Mark I City Nashville Geothermal N/A License Number Base+A1,2,3,4= 56735 Roofing Porter Roofing 6,136,623.00 Plumbing Doc Air, LLC Name HVAC Woods Mechanical Contractors Fellowship Construction X X X X 5,078,835.00 419,789.00 Electrical Lawson Electric Co. Masonry R.E. Waller, Inc. City Bon Aqua Geothermal N/A License Number Base+A1,2,3,4= 49297 Roofing Roof Solutions, LLC 5,498,624.00 Plumbing Parkway Construction Services Name HVAC Woods Mechanical Contractors Olympian Construction Co. X X X X 5,533,000.00 531,000.00 Electrical Lawson Electric Co. with letter of exclusions & Masonry Carney Masonry, Inc. City Hendersonville qualifications Geothermal N/A License Number Base+A1,2,3,4= 38925 Roofing Roof Choice, LLC 6,064,000.00 Plumbing Parkway Construction Services Name W. E. O'Neil Construction Co. HVAC Woods Mechanical Contractors of TN X X X X 5,542,000.00 573,000.00 bid envelope listed license as Electrical Extreme Lighting & Sound City Brentwood 68297 / bid documents and state Masonry R.E. Waller, Inc. license list as 68397 Geothermal N/A License Number Base+A1,2,3,4= 68397 Roofing Mid South Construction 6,115,000.00 14 Page 1 of 2  Pursuant to the Invitation to Bid extended for Bid Tab Page of Signature required only by Presiding Official. 1 2 Others can be printed or typed. Hendersonville Fire Station No. 7 Bids opened in How many Hendersonville, TN Presiding 2 Official Hendersonville, TN addenda issued: Contract Time bids and modifications must have been received here by Designer represented by Beth Meadows / J. Ray 300 days 2:00 p.m. local time, Thursday, April 7, 2022 Liquidated Damages I, thus declare the bidding closed, and now will proceed to open Owner represented by Chief Bush $500 per day and read bids and modifications which have been received. Drug Add Bid Unit Regulated Subcontractors Bidders (name, city, license number) Affvt Ack Secur Prices Base Bid ALTERNATE #1 Notes Plumbing Name HVAC Southeast Contractors, Inc. NO RESPONSE Electrical Masonry City Brentwood Geothermal License Number 22182 Roofing Plumbing White Flag Name Wright Construction Services, HVAC Woods Mechanical Contractors Inc. X X X X 5,548,000.00 402,000.00 Electrical Fast Electric Masonry Rey Carrillo City Nashville Geothermal N/A License Number Base+A1,2,3,4= 70220 Roofing Mid South Construction 5,950,000.00 Plumbing Name HVAC Electrical Masonry City Geothermal License Number Roofing Plumbing Name HVAC Electrical Masonry City Geothermal License Number Roofing Plumbing Name HVAC Electrical Masonry City Geothermal License Number Roofing 15 Page 2 of 2  ORDINANCE 2022-08 Sponsor: Clary AN ORDINANCE APPROVING THE SALE OF SURPLUS CITY PROPERTY NEAR FIRE HALL #5 FOR ITS FAIR MARKET VALUE WHEREAS, the City of Hendersonville, Tennessee (“the City ”), owns property adjacent to Fire Hall #5 that is not needed for the operations of the fire hall or other City purposes; WHEREAS, the unused City property, consisting of 9,354 square feet (0.21 acre) as shown on the attached Exhibit, is deemed to be surplus property and may be sold for its fair market value; and WHEREAS, the project has been appraised to have a fair market value of $120,000.00, and the neighboring land owner, Hospital Corporation of America, has offered to purchase the property for this amount: NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee, that the Mayor is authorized to execute such documents as are necessary to sell the City’s surplus property consisting of 9,354 square feet (0.21 acre) as shown on the attached Exhibit to Hospital Corporation of America for the purchase price of $120,000.00. This ordinance shall take effect at the earliest date allowed by law. 1st Reading: 2nd Reading: APPROVED: _____________________________ ATTEST: JAMIE CLARY, Mayor ____________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 16  LEGISLATIVE HISTORY Ordinance 2022-08 Sponsor: Clary Committee: Finance Date of Committee Meeting: April 26th, 2022 Committee Recommendation: Yes First BOMA Reading: May 10th, 2022 17 DATE: May 10th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-08 SPECIFIC REQUEST/ Consider approval of Ordinance 2022-08 to sell surplus RECOMMENDATION: land at Fire Hall #5 to HCA for fair market value STAFF REPORT REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations BACKGROUND: 1 The city has six (6) fire halls, Fire Hall #5 is on Forest Retreat Road. Fire Hall #5 has over an acre of land, the southeast section of the parcel is triangle shaped and serves no practical purpose for the Fire Hall. DISCUSSION: 2 HCA contacted the city to consider purchasing a portion of the unused triangle shaped portion of land at Fire Hall #5. Staff have reviewed the request and do not have any objection to selling said portion of land as it is unused and alteration/development of the portion of land would have no adverse impacts on Fire Hall #5. An appraisal was prepared by Lincoln Harris and fair-market was valued at $100,000 - $120,000. FISCAL IMPACT: 3 Selling the property would net revenue to the city of the sale price, estimated at $120,000, less any selling expenses. ATTACHMENTS: 4 Parcel Exhibit 18 19 Site Description Location: The subject’s host parcel is located adjacent to the TriStar Hendersonville Medical Center campus. Its address is 1166 Forest Retreat Road, Hendersonville, Tennessee. The host parcel is improved with a fire station that was built in 2002 and 2014± with various site improvements. The host parcel is further identified as Property ID Number 144-109.03-000 by the Sumner County Assessor’s Office. The host parcel is identified in the following parcel map while the subject’s location within the larger parcel is identified in the following aerial photograph. Hendersonville Fire Station No. 5 Parcel (Portion) 14 | Page 20  RESOLUTION 2022-22 Sponsor: Clary A RESOLUTION APPROVING THE ISSUANCE OF SENIOR LIVING REVENUE BONDS FOR CAPITAL IMPROVEMENTS TO SENIOR LIVING FACILITIES WHEREAS, the Board of Mayor and Aldermen (the "Board") of the City of Hendersonville (the "City"), Tennessee (the "State"), has been informed that the Colorado Health Facilities Authority (the "Issuer") proposes to issue a principal amount not exceeding $250,000,000 of its Senior Living Revenue Bonds (American Eagle Portfolio Project), Series 2022, in one or more tax-exempt or taxable series (the "Series 2022 Bonds"), the proceeds of which will be loaned to American Eagle Delaware Holding Company LLC, a Delaware limited liability company (the “Borrower”), and/or one or more related and/or affiliated entities (collectively, the "Obligated Group"), in order to: (i) finance or refinance, including through reimbursement, all or a portion of the cost of certain capital improvements to be made to the Existing Senior Living Facilities (as defined below), including renovations, improvements, fixtures, machinery, equipment, furniture and furnishings; (ii) refinance obligations of the Borrower with respect to, and thereby refund, the outstanding Capital Trust Agency Senior Living Revenue Bonds (American Eagle Portfolio Project), Series 2018, currently outstanding in the aggregate principal amount of $215,525,000 (the “Refunded Bonds”), the proceeds of which were loaned to the Borrower for the purpose of (a) financing the acquisition, construction, renovation, installation and equipping of the Series 2018 Senior Living Facilities (as defined below) to provide independent living, assisted living and memory care facilities for the elderly, (b) funding an operating and maintenance fund to finance certain capital expenditures and start-up costs related to the Series 2018 Senior Living Facilities, (c) funding one or more reserve funds for the Refunded Bonds, and (d) paying certain costs of issuing the Refunded Bonds (collectively, the “Series 2018 Project”); (iii) fund one or more reserve funds for the Series 2022 Bonds; (iv) fund certain capitalized interest; and (v) pay certain costs of issuing the Series 2022 Bonds (collectively, the “Project”). WHEREAS, the Series 2018 Senior Living Facilities consist of approximately fifteen independent living, assisted living and memory care facilities located in the States of Alabama, Colorado, Florida, Minnesota, Ohio, Tennessee, and Wisconsin, one of which is located in Hendersonville, Sumner County, Tennessee (the "Hendersonville Project"); and 82500996.3 21  R22-22 WHEREAS, the Hendersonville Project is a senior living community known as Red Cedar Glen, located on approximately 6.62 acres at 202 Walton Ferry Road, Hendersonville, Sumner County, Tennessee, including land, buildings and equipment, consisting of approximately 136 independent living or assisted living units (including approximately 159 beds), owned by American Eagle Hendersonville LLC, a Tennessee limited liability company whose sole member is the Borrower, for which certain capital improvements will be financed or refinanced with aggregate proceeds of the Series 2022 Bonds not to exceed $18,950,000; and WHEREAS, the “Existing Senior Living Facilities” means and includes: (a) Hendersonville Project; (b) a senior living community known as Crescent Wood, located on approximately 16.07 acres at 1800 Harrison Street, Titusville, Brevard County, Florida, including land, buildings and equipment, consisting of approximately 124 assisted living or independent living units (including approximately 134 beds), owned by American Eagle Titusville LLC, a Florida limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $21,056,000); (c) a senior living community known as Greenwood Place, located on approximately 6.00 acres at 2680 Croton Road, Melbourne, Brevard County, Florida, including land, buildings and equipment, consisting of approximately 72 assisted living units (including approximately 74 beds), owned by American Eagle Eau Gallie LLC, a Florida limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $11,580,000); (d) a senior living community known as Monarch Place, located on approximately 3.50 acres at 105 Michelle Street North West, Hanceville, Cullman County, Alabama, including land, buildings and equipment, consisting of approximately 47 assisted living units (including approximately 47 beds), owned by American Eagle Hanceville LLC, an Alabama limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $9,475,000); (e) a senior living community known as Lark Springs, located on approximately 9.91 acres at 2850 North Academy Boulevard, Colorado Springs, El Paso County, Colorado, including land, buildings and equipment, consisting of approximately 60 memory care units (including approximately 74 beds) owned by American Eagle Palmer Park LLC, a Colorado limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $13,686,000); 2 82500996.3 22  R22-22 (f) a senior living community known as Maris Pointe, located on approximately 3.03 acres at 1200 Avenida del Circo, Venice, Sarasota County, Florida, including land, buildings and equipment, consisting of approximately 42 memory care units (including approximately 42 beds), owned by American Eagle Venice Island LLC, a Florida limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $12,633,000); (g) a senior living community known as Palmetto Landing, located on approximately 2.87 acres at 1016 Willa Springs Drive, in unincorporated Seminole County, Florida, including land, buildings and equipment, consisting of approximately 64 assisted living or memory care units (including approximately 82 beds), owned by American Eagle Tuskawilla LLC, a Florida limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $11,580,000); (h) a senior living community known as Aldea Green, located on approximately 4.79 acres at 700 South Kings Avenue, in unincorporated Hillsborough County, Florida, including land, buildings and equipment, consisting of approximately 88 assisted living units (including approximately 96 beds), owned by American Eagle Brandon LLC, a Florida limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $18,950,000); (i) a senior living community known as Cascade Heights, located on approximately 14.64 acres at 160 Islander Court, Longwood, Seminole County, Florida, including land, buildings and equipment, consisting of approximately 267 independent living or assisted living units (including approximately 327 beds), owned by American Eagle Island Lake LLC, a Florida limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $71,581,000); (j) a senior living community known as Timberdale Trace, located on approximately 2.84 acres at 334 and 364 Cedardale Drive Southeast, Owatonna, Steele County, Minnesota, including land, buildings and equipment, consisting of approximately 43 assisted living or memory care units (including approximately 46 beds), owned by American Eagle Owatonna AL LLC, a Minnesota limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $9,550,000); (k) a senior living community known as Hearth Brook, located on approximately 2.41 acres at 331 Goose Pond Road, Newark, Licking County, Ohio, including land, buildings and equipment, consisting of approximately 42 assisted living units (including approximately 3 82500996.3 23  R22-22 42 beds), owned by American Eagle Newark LLC, an Ohio limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $9,550,000); (l) a senior living community known as Vista Veranda, located on approximately 5.57 acres at 141 Chestnut Hill Drive, Ravenna, Portage County, Ohio, including land, buildings and equipment, consisting of approximately 50 assisted living or memory care units (including approximately 53 beds), owned by American Eagle Ravenna LLC, an Ohio limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $10,530,000); (m) a senior living community known as Sycamore Trace, located on approximately 2.30 acres at 1098 Bradford Way, Kingston, Roane County, Tennessee, including land, buildings and equipment, consisting of approximately 39 assisted living units (including approximately 47 beds), owned by American Eagle Kingston LLC, a Tennessee limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $7,445,000); (n) a senior living community known as Robin Way, located on approximately 3.63 acres at 7377 88th Avenue, Pleasant Prairie, Kenosha County, Wisconsin, including land, buildings and equipment, consisting of approximately 48 assisted living units (including approximately 48 beds), owned by American Eagle Pleasant Prairie LLC, a Delaware limited liability company whose sole member is the Borrower (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $8,425,000); and (o) a senior living community formerly known as Brookdale Leesburg, located on approximately 3.00 acres at 700 and 710 South Lake Street, Leesburg, Lake County, Florida, including land, buildings and equipment, consisting of approximately 73 assisted or memory care units (including approximately 78 beds) (the maximum stated principal amount of Series 2022 Bonds to be issued to finance or refinance such project is $15,000,000); WHEREAS, the “Series 2018 Senior Living Facilities” means and includes the following: (a) the Existing Senior Living Facilities; and (b) a senior living community formerly known as Brookdale Castle Hills, located on approximately 11.76 acres at 1207 Jackson Keller Road, Castle Hills, Bexar County, Texas, including land, buildings and equipment, consisting of approximately 97 assisted living or memory care units (including approximately 99 beds); 4 82500996.3 24  R22-22 WHEREAS, the Borrower and the Issuer have requested the Board approve the issuance of the Series 2022 Bonds for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended (the “Code”); and WHEREAS, the Series 2022 Bonds, when issued by the Issuer, will be special, limited obligations of the Issuer payable solely from the proceeds to be derived from the repayment of the related loan to the Borrower or from the security pledged therefor by the Obligated Group, and the City will not be obligated to pay the Series 2022 Bonds or have any obligation or liability pecuniary or otherwise in any respect whatsoever with respect to the Series 2022 Bonds or the Hendersonville Project; and NOW, THEREFORE, BE IT RESOLVED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee, as follows: SECTION 1. Public Hearing. Pursuant to the Notice published in the Hendersonville Standard, a newspaper of general circulation in the City, not less than seven (7) days prior to the date hereof, a public hearing was held before the Board, as required by Section 147(f) of the Code on the date hereof. A proof of publication of such Notice is attached hereto as Exhibit A and minutes of such public hearing will be kept on file with the City Recorder and are hereby incorporated herein by reference. SECTION 2. Approval for Purposes of Section 147(f) of the Code. Solely for the purposes of Section 147(f) of the Code, the Board hereby approves the issuance of the Series 2022 Bonds by the Issuer in an aggregate principal amount not exceeding $250,000,000. SECTION 3. Payment of Fees and Costs by Borrower. The fees and expenses of the City shall be paid by the Borrower at or prior to issuance of the Series 2022 Bonds. SECTION 4. No Liability or Endorsement. The City shall have no obligation with respect to the Series 2022 Bonds, and the approval given herein by the Board shall not be deemed or construed to create any obligation or liability, pecuniary or otherwise, of the City, in connection with either the Series 2022 Bonds or the Project in any respect whatsoever and the Issuer shall so provide in the documents related to the issuance of the Series 2022 Bonds. The general credit or taxing power of the City and the State or any political subdivision or public agency thereof shall not be pledged to the payment of the Series 2022 Bonds. No statement, representation or recital made herein shall be deemed to constitute a legal conclusion or a determination by the City that any particular action or proposed action is required, authorized or permitted under the laws of the State or the United States. No recourse under or upon any obligation, covenant or agreement of this Resolution or the Series 2022 Bonds or any agreement executed in connection with the Series 2022 Bonds, or for any claim based thereon or otherwise in respect thereof, shall be had against any member of the Board, the Mayor, the City Recorder, or the City Attorney or any other staff or professionals retained by the 5 82500996.3 25  R22-22 City in connection with the issuance of the Series 2022 Bonds, as such, past, present or future, either directly or through the City, it being expressly understood (a) that no personal liability whatsoever shall attach to, or is or shall be incurred by, the members of the Board, the Mayor, the City Recorder, or the City Attorney or any other staff or professionals retained by the City in connection with the issuance of the Series 2022 Bonds, as such, under or by reason of the obligations, covenants or agreements contained in this Resolution or implied therefrom, and (b) that any and all such personal liability, either at common law or in equity or by constitution or statute, of, and any and all such rights and claims against, every such member of the Board, the Mayor, the City Recorder, or the City Attorney or any other staff or professionals retained by the City in connection with the issuance of the Series 2022 Bonds, as such, are waived and released as a condition of, and as a consideration for, the execution of this Resolution on the part of the City. SECTION 5. Limited Scope of Approval. The approval given herein shall not be construed as: (i) an endorsement of the creditworthiness of the Borrower or the financial viability of the Project, (ii) a recommendation to any holder of or any prospective purchaser to hold or purchase the Series 2022 Bonds, (iii) an evaluation of the likelihood of the repayment of the debt service on the Series 2022 Bonds, or (iv) approval of any necessary rezoning applications or approval or acquiescence to the alteration of existing zoning or land use nor approval for any other regulatory permits relating to the Hendersonville Project, and the Board shall not be construed by reason of its adoption of this Resolution to make any endorsement, finding or recommendation or to have waived any right of the Board or to have estopped the Board from asserting any rights or responsibilities it may have in such regard. SECTION 6. Effective Date. This Resolution shall take effect immediately upon its adoption. Adopted this the _____ day of May 2022. APPROVED: __________________________________ ATTEST: JAMIE CLARY, Mayor __________________________________ ROBERT MANNING, City Recorder APPROVED TO FORM: __________________________________ JOHN R. BRADLEY, City Attorney 6 82500996.3 26  R22-22 Exhibit A: Proof of Publication of Notice of Public Hearing 7 82500996.3 27  R22-22 EXHIBIT A PROOF OF PUBLICATION [To be provided under separate cover] A-1 82500996.3 28  R22-22 LEGISLATIVE HISTORY Resolution 2022-22 Sponsor: Clary Committee: Finance Date of Committee Meeting: April 26th, 2022 Committee Recommendation: Yes BOMA Reading: May 10th, 2022 82500996.3 29 DATE: May 10th, 2022 ORDINANCE/RESOLUTION # Resolution 2022-22 A resolution to give local approval for private activity SPECIFIC REQUEST/ RECOMMENDATION: bonds to benefit, inter alia, Red Cedar Glen senior living facility on Walton Ferry Road STAFF REPORT REPORT PREPARED BY: John R. Bradley, City Attorney BACKGROUND: 1 The city has been informed that the Colorado Health Facilities Authority proposes to issue a principal amount not exceeding $250,000,000 of its Senior Living Revenue Bonds Series 2022, the proceeds of which will be loaned to American Eagle Delaware Holding Company LLC, a Delaware limited liability company which operates senior living facilities throughout the United States, including Red Cedar Glen on Walton Ferry Road in Hendersonville, for capital improvements. These private activity bonds require approval of the local governing body, after a public hearing, to be tax-exempt. DISCUSSION: 2 Local government approval of the issuance of these bonds by the Colorado Health Facilities Authority, after a public hearing, is required as a part of making these private activity bonds tax-exempt pursuant to the Internal Revenue Code. The resolution approving these bonds expressly disclaims any liability of the City resulting from the issuance of these bonds. The city approved a similar resolution in 2018 for Red Cedar Glen. The current resolution approves issuance of bonds refinancing the 2018 bonds and providing funding for new capital improvements. The projected amount of funding for Red Cedar Glen is not to exceed $18,950,000.00 according to the resolution. The Finance Committee unanimously recommended approval of this resolution on April 26, 2022. FISCAL IMPACT: 3 None. ADDITIONAL INFORMATION / PHOTOS: 4 None. 30 31  Mayoral Report—Use of Car Allowance April 20 – May 3, 2022 Alphabet meetings at state archives building Long Hollow Baptist Church 257 Island Drive Sanders Ferry Pizza Drakes Creek Park Lock 3 Road Bluegrass Country Club Chamber of commerce building Post office Gene Brown Elementary School VFW Lyncoya Café Emergency Communications Center Bluegrass Country Club Millstone subdivision 32