Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING JUNE 14, 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 JONATHAN HAYES, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT RUSS EDWARDS, ALDERMAN LORI PHILLIPS, ALDERMAN- The meeting opened with prayer led by Aaron Allison, Lead Pastor of C.I.L. Church in Hendersonville and The Pledge of Allegiance led by Mayor Clary. AGENDA The June 14, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. The roll was called with eleven (11) members present and two (2) absent, Russ Edwards and Lori Phillips. Clary asked for clarification from City Attorney John Bradley as to what constitutes a two- thirds vote with eleven people present. Bradley's answer was eight (8) typically, but in some cases two-thirds of the membership is required, which would be nine (9). Hayes moved; seconded by Waters to approve the June 14, 2022, agenda. Clary acknowledged the two-week rule was being waived for Item Three (3) on the Consent Agenda, Resolution 2022-29, a resolution accepting the dedication of the completed streets in Waterford Village, Phase 1 (Lakeside Park Drive), Hendersonville, Sumner County, Tennessee (Subject to approval by the Board, pursuant to Ordinance 2002-12), as well as for Items Six (6), first reading of Ordinance 2022-13, an ordinance MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE2 adopting revisions to the Zoning Ordinance for the City of Hendersonville (Subject to approval by the Board, pursuant to Ordinance 2002-12), Seven (7), reading of Ordinance 2022-15, an ordinance amending Ordinance 2021-22, as amended to reflect an adjustment to the City's 2022 Fiscal Year Budget (Subject to approval by the Board, pursuant to Ordinance 2002-12) and Eight (8) reading of Resolution 2022-28, a resolution adopting policy guidelines for the use of contingency funds for capital projects (Subject to approval by the Board, pursuant to Ordinance 2002-12) on the agenda. Skidmore moved; Roberson seconded a motion to amend the agenda by deferring Item 9 under "Other Agenda Items" until the next BOMA meeting. There was discussion explaining the reason for deferral and rebuttal of the deferral. There was a majority vote to approve the amendment 6-4 as follows with Edwards and Phillips absent: Aye: Dixon, Peterson, Roberson, Skidmore, Waters, Clary Nay: Brown, Collins, Cunningham, Hayes, Petrelli Clary declared the motion carried. There was a unanimous vote to approve the agenda as amended with Edwards and Phillips absent. Clary declared the motion carried. PRESENTATIONS None PUBLIC HEARING None MINUTES Waters moved; seconded by Cunningham to approve the May 24, 2022, minutes. There was a unanimous vote to approve the minutes with Edwards and Phillips absent. Clary declared the motion carried. CITIZENS' COMMENTS Mayor Clary read the guidelines for public comments. Steven Puckett of 228 Sanders Ferry Rd, Apt. H-21, Hendersonville, TN addressed the Board regarding the term limits ordinance. He suggested the language of the ordinance be MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE3 clarified as to how the format of the vote should appear on the referendum. He recommended presenting the Aldermanic term limits and the Mayoral term limits as 2 separate items on the referendum. He also recommended that the grandfathering clause be clarified for the Election Commission's benefit as well as BOMA against potential future issues. Mr. Puckett stated that the Federal Trade Commission has a full board and is better able to handle actions regarding companies trying to take advantage of citizens. He requested if anyone was to have evidence of price gouging, false advertising when it comes to service, hours, product and service availability, etc., please report it to the Federal Trade Commission at www.ftc. gov. Jim Stocks of 104 Downing Court, Hendersonville, TN addressed the Board regarding the term limits ordinance and his approval of said ordinance. He stated it was a practical necessity for having a functional and productive government. His concern is with the current language of the ordinance as it is written regarding the three (3) term limit. If an Alderman or Mayor has already served the three (3) terms, then come election time, that should be the end of service. If not, then current term(s) served/serving should count toward the newly proposed term limits. With no more citizens wishing to speak, Clary moved on to the next agenda items. CONSENT AGENDA The captions were read for second and final reading of Ordinance 2022-10, an ordinance amending Ordinance 2021-22, as amended, to reflect adjustments to the City's 2022 Fiscal Year Budget, Resolution 2022-27, a resolution authorizing the Mayor to execute an agreement for a water and ice vending machine in Sanders Ferry Park and Resolution 2022-29, a resolution accepting the dedication of the completed streets in Waterford Village, Phase 1 (Lakeside Park Drive), Hendersonville, Sumner County, Tennessee (Subject to approval by the Board, pursuant to Ordinance 2002-12). Brown moved; Dixon seconded to approve Ordinance 2022-10 on second reading, Resolution 2022-27 and Resolution 2022-29. There was a unanimous vote to approve the motion with Edwards and Phillips absent. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2022-09, an ordinance relative to term limits for members of the Board of Mayor and Aldermen. Roberson moved; Dixon seconded to approve Ordinance 2022-09 on second reading. Roberson moved; Waters seconded an amendment to remove the words "four-year" from Section 1. MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE4 There was a unanimous vote to approve the amendment with Edwards and Phillips absent. Clary declared the motion carried. Brown moved; Hayes seconded an amendment to change "three (3) consecutive terms" to "two (2) consecutive terms in Section 1, occurring in two places. There was discussion both for and against three (3) consecutive terms and two (2) consecutive terms. The rules were suspended to allow former Alderman Darrell Woodcock to speak. Peterson asked Woodcock if he had a definition for what a term is when he first brought it to the Board under his tenure. Woodcock responded that he had offered two (2) term limits, negotiated to three (3), no one spoke, and it failed. He stated he is fine with two (2) terms if that's what it takes for the citizens to be able to vote, but agrees with Roberson that three (3) terms is the "sweet spot". The amendment failed 5-6 as follows with Edwards and Phillips absent: Aye: Brown, Collins, Cunningham, Hayes, Petrelli Nay: Dixon, Peterson, Roberson, Skidmore, Waters, Clary Clary declared the amendment failed. Bradley stated the statute did not specify that this vote had to be two-thirds of the entire membership, so in that situation a two-thirds vote of those present would be eight (8). Clary moved; Roberson seconded an amendment to add SECTION FIVE with language asking the Election Commission to hold the referendum in conjunction with the November 2022 General Election. There was a unanimous vote to approve the motion with Edwards and Phillips absent. Clary declared the motion carried. Petrelli moved; Dixon seconded an amendment to have two (2) different ordinances for the citizens to vote on; One that states two (2) terms and a second that states three (3) terms. Bradley advised that an ordinance adopting term limits must be done per the statute and term limits are not being adopted if you give an either-or option. No action could be taken on Petrelli and Dixon's amendment due to Bradley's explanation of the statute. Collins asked ifthere could be a second ordinance brought with the option of a two (2) term limit. MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE5 Bradley stated he saw no reason that could not be done. He further explained that if the referendum fails, it cannot be brought back for four (4) years. Collins moved to amend the ordinance by adding under Section One as follows: At that time the current term of the mayor and all alderman who were elected to a full term shall constitute the first of the three consecutive terms allowed under Section One. Clary stated that State Law would not allow the City to impose term limits until after the election is certified and certification won't happen until after the referendum. There was no proper second for the amendment proposed by Collins nor could it move forward due to Clary's explanation. The rules were suspended without objection to hear from Beth Wettengel or Darrell Woodcock. Ms. Wettengel proposed as a workable solution an option that if a candidate was elected in November 2022, part of their platform could be that they would self- impose their first term to be part of the three (3) term limit. Woodcock stated this ordinance is a vote to allow the citizens to vote on term limits. He asked to the Board to let the citizens decide. Roberson moved; Dixon seconded to defer the vote on Ordinance 2022-09 for two weeks to allow the City Attorney to meet with the Election Commission to see what options are available for voting. There was a majority vote of 7-4 with voting as follows and with Edwards and Phillips absent. Aye: Collins, Dixon, Hayes, Peterson, Petrelli, Roberson, Skidmore Nay: Brown, Cunningham, Waters, Clary Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-11, an ordinance of the City of Hendersonville, Tennessee adopting the annual budget and tax rate for the fiscal year beginning July 1, 2022, and ending June 30, 2023. Cunningham moved; Waters seconded to approve Ordinance 2022-11 on first reading. Hayes moved; Cunningham seconded an amendment to Community Contributions of $13,500.00 in contributions to the Hendersonville Arts Council and $670.00 in contribution to Sumner County Spay and Neuter. There was a unanimous vote to approve the motion with Edwards and Phillips absent. Clary declared the motion carried. Clary moved; Cunningham seconded an amendment to General Fund-Capital Projects to MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE6 increase Drakes Creek Soccer Concession Upgrades from $40,000.00 to $43,435.00 (adding $3,435.00) and to amend the Stormwater Fund by increasing line item 824, Professional Services from $200,000.00 to $400,000.00 (adding $200,000.00) and to increase line item 700, Drainage Control from $1,270,000.00 to $2,400,000.00 (adding $1,130,000.00). The proposed amendment will leave over $1,000,000.00 in the Stormwater Fund. Notation was made that the City is under no obligation to maintain a balance in the Stormwater Fund. There was a unanimous vote to approve the amendment with Edwards and Phillips absent. Clary declared the motion carried. Roberson suggested that Eckenroth and Clary and staff explore the option of establishing an Efficiency Employee Suggestion Reward Program in which employees can offer suggestions to save money and if approved get to share in savings. Examples of increases in costs of projects faced in this budget were shared. There was a unanimous vote to approve the motion as amended with Edwards and Phillips absent. Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-13, an ordinance adopting revisions to the Zoning Ordinance for the City of Hendersonville (Subject to approval by the Board, pursuant to Ordinance 2002-12). Peterson moved; Dixon seconded a motion to approve Ordinance 2022-13 on first reading. Cunningham moved; Petrelli seconded a motion to take a ten (10) minute break. There was a unanimous vote to approve the motion with Edwards and Phillips absent. Clary declared the motion carried. The meeting reconvened and continued with Director Free discussing the Zoning Ordinance changes. Significant changes in the Zoning Ordinance were adopted approximately two and a half years ago. 95% of the changes presented in the ordinance are small and insignificant but do aid in the administration of the Zoning Ordinance. MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE7 5% of the changes are more significant. Overall, there are a lot of technical changes and some things that impact density, expanding opportunities of additional uses of brewery and taprooms, location of pools and fencing. There is an error that was found relating to Vacation Rentals but will be corrected for the second reading of the Zoning Ordinance in two weeks. Discussion included verification with the City Attorney that the adoption of these zoning changes do not in any way jeopardize the outcome of the City prevailing in the lawsuit regarding vacation rentals. Bradley's opinion was that it does not jeopardize the City. Director Free stated there was a misconception that the City did not prevail in the lawsuit when in fact it did. The enforcement regarding the vacation rentals has not changed from that time to now. Language regarding pools and their distance from the property lines will be made clearer for the second reading. Roberson moved; Cunningham seconded an amendment to change Section 10.3 .1.4 from proposed change to 1 acre to 2 acres minimum required for homes for the aged. Director Free stated the acreage change could also be revised in the proposed ordinance for the next reading. Motion withdrawn by sponsor and second. Director Free stated there had been changes regarding election signage as the State Law has changed to allow election signage a certain number of days prior to early voting. Director Free also mentioned that the State Law conflicted with the Supreme Court ruling regarding signage. The City needs to pick one to abide by so the recommendation is to stay with the State Law currently. There was a unanimous vote to approve the motion with Edwards and Phillips absent. Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-15, an ordinance amending Ordinance 2021-22, as amended to reflect an adjustment to the City's 2022 Fiscal Year Budget (Subject to approval by the Board, pursuant to Ordinance 2002-12). Skidmore moved; Cunningham seconded a motion to approve Ordinance 2022-15. There was a unanimous vote to approve the motion with Edwards and Phillips absent. Clary declared the motion carried. The caption was read for Resolution 2022-28, a resolution adopting policy guidelines for MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGES the use of contingency funds for capital projects (Subject to approval by the Board, pursuant to Ordinance 2002-12). Cunningham moved; Peterson seconded a motion to approve Resolution 2022-28. Roberson moved; Petrelli seconded an amendment to combine the last 2 rows of "Per Project-Cumulative" on the Use For Contingency Funds for City Projects table to read "Per Project-Cumulative" with "Threshold" being "$100,000.00" and adding to existing approval language "with expectation of a recommendation from the Capital Projects Committee. There was a unanimous vote to approve the amendment with Edwards and Phillips absent. Clary declared the motion carried. There was a unanimous vote to approve the motion as amended with Edwards and Phillips absent. Clary declared the motion carried. OTHER AGENDA ITEMS The vote on the appointment of Kayce Smith to the Arts Council was deferred for two Weeks via an amendment to the June 14, 2022, agenda. REPORTS Brief Committee Reports: General-Brown: • Discussed Ordinance 2022-12, an ordinance rezoning 4.47 acres, located at 126 New Shackle Island Road, on the east side of New Shackle Island Road, and on the north side oflnnovation Way, and approving the Grace Place at New Shackle Comprehensive Development Plan to govern the development of said property. Passed unanimously. • Added to the agenda Ordinance 2022-XX (to be assigned) reducing the number of aldermen from twelve (12) to six (6) over the next two years affecting the election cycle after this one. • Discussed Ordinance 2022-13, an ordinance adopting revisions to the Zoning Ordinance for the City of Hendersonville. BOMA passed on first reading June 14, 2022. • Discussed Ordinance 2022-14, an ordinance amending the City's beer regulations to allow the sale of beer at Golf Entertainment Centers. Tabled. There will be a Special Called Meeting on June 28, 2022, at 6:30 pm for Edwards, liaison to the Beer Board and the owner of the business to attend. • Discussed Ordinance 2022-15, an ordinance amending Ordinance 2021-22, as amended, to reflect an adjustment to the City's 2022 Fiscal Year Budget. Passed. • Discussed Resolution 2022-18, a resolution to approve a Final Development Plan for MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE9 Nearwater Place. Passed unanimously. • Discussed Resolution 2022-30, a resolution formally naming property known as the Batey Farm Heritage Park. Passed unanimously. • Discussed Resolution 2022-31, a resolution establishing a Public Information Officer position and amending the Job Classification List and Pay Table. Passed unanimously. • Discussed Resolution 2022-32, a resolution repealing Resolution 2017-43 with respect to funds preserved for land acquisition. Passed and moved to BOMA unanimously. All will be before BOMA in two weeks except for those voted on in this June 14, 2022 meeting. Public Safety-Petrelli: NO REPORT Planning-Peterson: • Peterson emailed meeting highlights to BOMA. See below. • Approved the following Consent Agenda Items: 1. Anderson Pointe - Final Plat 2. Saundersville Station, Phase 8, Section 2 - Final Plat • Approved the following Future Land Use and Transportation Plan Amendment: 1. Grace Place@ New Shackle - FLUTP Amendment, Character Area Change from Employment Center to Suburban Living • Recommended approval of the following Development Plans: 1. Grace Place @ New Shackle - Comprehensive Development Plan (GC & I> MFR-PD) 2. Nearwater Place - FDP • Approved the following Site Plans: 1. Hallmark Hyundai Addition - Site Plan 2. Nearwater Place - Site Plan (grouped and approved with FDP) 3. RallyPoint Motor Condos - Site Plan • Approved the following Resolutions: 1. Resolution 2022-06: Waterford Village, Phase 1 (Lakeside Park Drive)- Street Acceptance • Recommended approval of the following Zoning Ordinance Amendments: 1. Zoning Text Amendment & Readoption, Miscellaneous Changes Grace Place rezoning was recommended unanimously by the Planning Commission per Director Free as well as the future land use plan was amended. Chief of Operations Report-Eckenroth: • Congratulations to Chief Bush in finishing up one of his classes for Executive Fire Officer. There are only 56 in the State of TN. The program is through the National Fire Academy and is a two-year process. • Fire Department will start the accreditation process soon. • Launched IT Manager Position • PIO position will be posted soon as it was passed by the General Committee. MINUTES OF REGULAR MEETING JUNE 14, 2022 PAGE 10 • New HR Manager Amanda Grider has started employment. • ECD Planner position has been launched and an applicant has been accepted. • Planning is wrapping up a Redevelopment and Future Land Use of West Main Street and Old Town Use. Great plan for future economic development and land use for West Main and Old Town. Mayoral Report-Included in the packet. Upon motion by Waters and second by Peterson there was a unanimous vote 11-0 for approval to adjourn with Edwards and Phillips absent. The meeting adjourned at 9:02 p.m. Attest: Robert Manning, City Recorder