Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING JUNE 28, 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 LEEPETERSON,ALDERMAN LORI PHILLIPS, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE The meeting opened with prayer led by Will Duncan, Pastor of Rome Baptist Church in Hendersonville and The Pledge of Allegiance led by Mayor Clary. AGENDA The June 28, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Dixon to approve the June 28, 2022, agenda. Clary acknowledged the two-week rule was being waived for Item Seven (7) under Ordinance and Resolutions, First reading of Ordinance 2022-14, an ordinance amending the City's beer regulations to allow the sale of beer at Golf Entertainment Centers (Subject to approval by the Board, pursuant to Ordinance 2002-12) Clary moved; Petrelli seconded a motion to amend the agenda by eliminating the consent agenda making Items One (1) and Two (2) now Eleven A (l lA) and Eleven B (I I B). There was a unanimous vote to approve the amendment. Clary declared the motion carried. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE2 As sole sponsor, Edwards moved Item Seven (7) to the July 28, 2022, BOMA meeting. Peterson moved; Waters seconded to move Item Nine (9) to Item Seven (7). There was a unanimous vote to approve the amendment. Clary declared the motion carried. Skidmore moved; Collins seconded to move Item Twelve (12) to the July 28, 2022, BOMA meeting. There was a unanimous vote to approve the amendment. Clary declared the motion carried. Petrelli moved; Cunningham seconded to move Item Six (6) to Item Two (2) and Item Eight (8) to Item Three (3). Motion was withdrawn. There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. PRESENTATIONS There was a presentation of a Proclamation to recognize Gold Star Families. • Accepting the presentation was Dave Moomy of VFW Post 9851 and Michelle Owens, President of the Hendersonville Rotary. • Proclamation declared June 29, 2022, Gold Star Family Day. • Citizens are encouraged to display the flag and hold appropriate ceremonies as a public expression of our nation's gratitude and respect for the Gold Star families. • Gold Star families are those families who have lost loved ones serving their country while on Military Duty. • June 29, 2022, at 10:00 am, there will be a dedication for the Gold Star marker located at Memorial Park with a fly-over in Missing Man formation. • Dave Moomy shared that eight (8) families have been located and will be attending the ceremony with approximately 35 family members in attendance. • Two (2) families being honored lost veterans who earned the silver star medal for bravery. PUBLIC HEARING Mayor Clary read the guidelines for public comments. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE3 There was a public hearing for Ordinance 2022-11, to consider the following budget comparisons, in accordance with the Municipal Budget Law of 1982 (TCA 6-56-206). Steven Puckett of 228 Sanders Ferry Road, Apt. A-21 addressed the Board regarding the Budget Ordinance and spoke in favor of retaining the 1% reserve that's been used toward paying off Batey Farm. Mr. Puckett also requested the Board to consider establishing a line item for cooling centers and provision of water for voters to be set up at voting stations. He noted that the State no longer allows private entities to provide these services. Permission is required to do so from the Secretary of State. There was a public hearing for Ordinance 2022-13, for the purpose of receiving public comment on proposed revisions to the Zoning Ordinance for the City of Hendersonville. There was no one wishing to speak on Ordinance 2022-13 With no more citizens wishing to speak, Clary moved on to the next agenda items. MINUTES Hayes moved; seconded by Dixon to approve the June 14, 2022, minutes. There was a majority vote to approve the minutes 11-2 with Edwards and Phillips abstaining. Clary declared the motion carried. CITIZENS' COMMENTS • John Prentiss of 111 Airfloat Drive addressed the Board with opposition to Ordinance 2022-16, reduction of number of aldermen, citing lack of representation. • Dave Moomy of 971 Cherry Grove Drive addressed the Board in support of Ordinance 2022-12, rezoning for Grace Place. • Steven Puckett of228 Sanders Ferry Road, Apt. A-21 addressed the Board in favor of Ordinance 2022-09, term limits, and the potential of letting the citizens vote on the terms. He is opposed to Ordinance 2022-16, reduction of number of aldermen. He suggested vacancies on Boards be placed on the website as well as social media updated monthly. • Sara Slatery of 125 Shorecrest Circle addressed the Board with opposition to Ordinance 2022-16, reduction of number of aldermen. • Kay Brooks of 123 Trousdale Drive addressed the Board encouraging them to vote for 3 terms and 12 aldermen. • Jeff Sasse of 106 Villa Way addressed the Board with opposition to Ordinance 2022-16, reduction of number of aldermen. • Amy Kaczmarek of 110 Wyncrest Way addressed the Board with opposition to Ordinance 2022-16, reduction of number of aldermen. • Betsy McMullen of 105 Pin Oak Drive addressed the Board with opposition to MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE4 Ordinance 2022-16, reduction of number of aldermen and support of three (3) terms. • Jamie Abbott of274 Bluegrass Drive addressed the Board in support of Ordinance 2022-22, rezoning for Grace Place. • Phil Steen of 112 Buckhaven Court addressed the Board with opposition to Ordinance 2022-16, reduction of number of aldermen. With no more citizens wishing to speak, Clary moved on to the next agenda items. ORDINANCES AND RESOLUTIONS The caption was read first reading of Ordinance 2022-12, an ordinance rezoning 4.4 7 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. Roberson moved; Petrelli seconded to approve Ordinance 2022-12 on first reading. Discussion included points that Grace Place would be a ministry campus for women and children there are no plans for apartments to be built; certain uses of land were offered to be removed; it was stated there will not be a traffic overload on New Shackle Island Road. Without objection, the rules were suspended to allow Desneige VanCleve, Executive Director of Grace Place and her attorney to address the Board. VanCleve was asked if comments made were accurate and true and agreed with to which she responded "yes". Several aldermen voiced their support for Grace Place and the ordinance before them. Petrelli and Cunningham asked to be added as sponsors of Ordinance 2022-12. Clary voiced support for Grace Place but reminded all that the vote was about the property and not the owner. He asked Ms. VanCleve and the other Grace Place Board members present to acknowledge that there is no intent for this property to be sold to be developed into apartments or multi-family dwellings in the future as the land use would be locked in and the Board's hands would be tied to the allowed uses this rezoning puts in place. All Grace Place board members present agreed there was no malicious intent and no selling of the property. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for second and final 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. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGES Clary moved; Petrelli seconded to approve Ordinance 2022-11 on second and final reading. Roberson moved; Petrellli seconded to reduce the Pickleball Construction line item under Capital/Special Projects and Grants from $690,00.00 to $600,000.00. Discussion explained by changing the number of parking spaces constructed from 80 to 40, a savings of approximately $100,000.00 would result. The cost of adding them back at a later date was discussed. Eckenroth explained that the consultant was tasked to review the space and that was in the concept. There are going to be four (4) courts built, but the concept plan shows 8. Eckenroth further explained that there will be a buffer that will allow for expansion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. There was a unanimous vote to approve the motion as amended. Clary declared the motion carried. The caption was read for second and final reading of Ordinance 2022-13, an ordinance adopting revisions to the Zoning Ordinance for the City of Hendersonville. Peterson moved; Petrelli seconded a motion to approve Ordinance 2022-13 on second and final reading. Clary moved; Peterson seconded an amendment to make the note in red under Section 10.2.2 have an effective date of August I, 2023. There was a unanimous vote to approve the motion. Clary declared the motion carried. Clary moved; Petrelli seconded an amendment to the OTR (Old Town Residential) column under Section 6.3, Table Four (4). • Maximum Density (units/acre) change from 7 to 5. • Minimum Lot Area change for MF from 20,000 ft. to 2 acres • Minimum Lot Width change for MF from 70 ft. to 200 ft. • Eliminate Note 1. Discussion included an acre is equal to 43,560 square feet so the change is going from one-half acre to 2 acres. The width needs to change as well in order to account for the increase in size of the lot. Everywhere that Note 1 was applied has been removed. These will help reduce density when there are tear downs and new units go up. There are currently no application in line for OTR. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE6 There was a unanimous vote to approve the amendment. Clary declared the motion carried. There was a unanimous vote to approve the motion as amended. Clary declared the motion carried. 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; Petrelli seconded a motion to approve Ordinance 2022-09 on second and final reading. Bradley reported after speaking to the State Election Commission and County Election Election Coordinator advised against having a multiple question item on the ballot. The terms need to be decided by the Board. Brown moved to amend the ordinance to two (2) terms. Clary called the motion out of order citing that the amendment is really a motion to reconsider, and it must come from someone on the prevailing side of the motion and it only applies to a motion that has been adopted as well as it must be done on the same day as the motion adoption. The motion failed with a vote of 4-8-1 due to a required 2/3 vote which would have required nine (9) aye votes. Voting as follows: Aye: Dixon, Edwards, Peterson, Phillips, Roberson, Skidmore, Waters, Clary Nay: Brown, Collins, Cunningham, Hayes Abstain: Petrelli An opportunity was given for those that voted no or abstained to change their vote. Clary reminded when speaking to address him. Waters moved; Dixon seconded to take a 5-minute break. There was a unanimous vote to approve the motion. Clary declared the motion carried. The meeting reconvened at 9:04 pm. The caption was read for Resolution 2022-18, a resolution to approve a Final Development Plan for Nearwater Place. Peterson moved; Waters seconded to approve Resolution 2022-18. There was a unanimous vote to approve the motion. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE7 Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-16, an ordinance reducing the number of aldermen from twelve to six over the next two years. Brown moved; seconded by Hayes to approve Ordinance 2022-16 on first reading. Discussion held both attributes and rebuttals for the proposed ordinance. Concerns of under representation was expressed as well as issues created by larger size boards to conservative principles and smaller government. At-large alderman options were questioned. City Attorney Bradley explained that the legislature would have to be petitioned to allow us to change our charter as was done with the term limits. By the action the Board took with redistricting it will result in the At-large position for Peterson after the November 2022 election is complete. Clary asked Brown to address him when speaking. Petrelli called point of order noting that whoever has the floor, has the floor, but will call both sides if out of order. No action taken. Petrelli asked to be removed as a sponsor of Ordinance 2022-16. Clary stated without objection, Petrelli will be removed as a sponsor. There were no objections. Petrellli called point of order after Dixon's remarks when the audience clapped. Exact point could not be heard. No action taken. The motion failed 4-9 with voting as follows: Aye: Brown, Collins, Cunningham, Hayes Nay: Dixon, Edwards, Peterson, Petrelli, Phillips, Roberson, Skidmore, Waters, Clary Clary declared the motion failed. The caption was read for Resolution 2022-30, a resolution naming certain City parkland "Heritage Park". Skidmore moved; seconded by Brown to approve Resolution 2022-30. Discussion included how the decision was made on the name presented for approval. Without objection the rules were suspended for someone representing the Friends of Indian Lake to address the Board. Jeff Cundiff addressed the Board and explained the process of how the name was decided upon from beginning with a survey and ending before the Board. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE8 Collins moved; Petrelli seconded a motion to defer to hear more public comments relating to the name chosen. Withdrawn. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for Resolution 2022-31, a resolution establishing a Public Information Officer position and amending the Job Classification List and Pay Table. Roberson moved; Hayes seconded to approve Resolution 2022-31. Petrelli requested to be added as a sponsor to Resolution 2022-31. Without objection she will be added. There was no objection. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for second and final 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. Skidmore moved; seconded by Peterson to approve Ordinance 2022-15 on first reading. There was no discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for Resolution 2022-32, a resolution repealing Resolution 2017-43 with respect to funds preserved for land acquisition. Brown moved; Roberson seconded a motion to approve Resolution 2022-32. Hayes moved; Roberson seconded an amendment correcting a typographical error in the resolution. The amount in the fund should be $193,487.00 instead of $197,487.00. There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. Discussion included reasons for both repealing and not repealing the proposed resolution. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE9 Peterson moved; Dixon seconded an amendment to use the $193,487.00 to go toward the Bradford Berry House restoration. Clary ruled the amendment out of order because to appropriate money there needs to be an ordinance with two (2) readings. Waters called the question to vote. There was no second. Withdrawn. Without objection, Collins requested to be added as a sponsor. There were no objections. There was a majority vote of 8-5 to approve the motion as amended with voting as follows: Aye: Collins, Dixon, Edwards, Hayes, Phillips, Roberson, Waters, Clary Nay: Brown, Cunningham, Peterson, Petrelli, Skidmore Clary declared the motion carried. OTHER AGENDA ITEMS There was a vote on the appointment of Bonnie Zacovic to Beautiful Hendersonville. Clary moved; Hayes seconded to approve the appointment. There was a unanimous vote to approve the appointment. Clary declared the motion carried. REPORTS Brief Committee Reports: Finance-Cunningham: • Met June 28, 2022 • Ordinance 2022-15, an ordinance amending Ordinance 2021-22, as amended, to reflect an adjustment to the city's 2022 Fiscal Year Budget. Recommended unanimously. • Resolution 2022-32, a resolution repealing Resolution 2017-43 with respect to funds preserved for land acquisition. Recommended 2-1. • Sales Tax Analysis Report • Hotel-Motel Tax Report • Stormwater Fund Report Public Works-Skidmore: • Met June 28, 2022 • Resolution 2022-34, a resolution for the acceptance of streets in Durham Farms Phase 1, Section 11. Passed unanimously. MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE 10 • FY23 Stormwater Project List-Emailed to BOMA • FEMA Reimbursement Update (Verbal Update)-Waiting on funds to come back and 1 more report from FEMA. • Requested that 170 Chesapeake Harbor be addressed as to a grate issue. General-Brown: • Met June 28, 2022 • Ordinance 2022-14, an ordinance amending the City's beer regulations to allow the sale of beer at Golf Entertainment Centers. Coming to BOMA July 28, 2022, with a 2-1 recommendation. Chief of Operations Report-Eckenroth: • Congratulations to Helen Morrison and Elizabeth Rickman-Vaden for completion of Level one of the Municipal Management Academy • Thanks to the Fire Department who put out a fire at the beginning of the meeting. • Officer Cole Ferrell is home safe with his family tonight. Mayoral Report-Included in the packet. Executive Session was entered into at 10:35 pm. Meeting reconvened at 10:41 pm. Aldermen Cunningham, Hayes and Petrelli did not return. There was a brief discussion of parliamentary procedure for a motion to reconsider and what constituted the prevailing side. A motion to renew was discussed as well, which could be done at the next meeting. Roberson moved; Peterson seconded a motion to reconsider Ordinance 2022-09. Collins moved to take a recess. Without a proper second, the motion failed. Roberson withdrew the motion with Peterson agreeing. Roberson moved again to vote with Peterson providing the second. There was a majority vote of 7-2-1 to approve the motion with voting as follows with Cunningham, Hayes and Petrelli absent: Aye: Dixon, Peterson, Phillips, Roberson, Skidmore, Waters, Clary Nay: Brown, Collins Abstain: Edwards The motion for Ordinance 2022-09 was back up for approval and ready for a vote. Due to three (3) members leaving and one due to an emergency, Roberson stated to MINUTES OF REGULAR MEETING JUNE 28, 2022 PAGE 11 bring the motion back at the next meeting. Upon motion by Roberson and second by Dixon, there was a majority vote 8-2 for approval to adjourn with Cunningham, Hayes and Petrelli absent. The meeting OOjo~I~ Approved: Jamie Clary, Mayor At;i(~g, Cicy