Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE 1 CITY OF HENDERSONVJLLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING NOVEMBER 10, 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 HA YES, ALDERMAN LEEPETERSON,ALDERMAN PEG PETRELLI, 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 Reid Wilkerson, Pastor of Hendersonville Freewill Baptist. The Pledge of Allegiance was led by Mayor Clary. AGENDA The November 10, 2022, BOMA meeting was called to order by Mayor Jamie Clary. Hayes moved; seconded by Peterson to approve the November 10, 2022, agenda. Brown stated Ordinance 2022-47 was discussed and passed in General Committee on November 10, 2022 and he asked to make it part of the agenda. Clary followed up by stating that this ordinance had to be taken directly to BOMA since it was an item that had to be considered by the Board. There was a unanimous vote to approve the agenda. Clary declared the motion carried. PRESENTATIONS None MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE2 PUBLIC HEARING None MINUTES Waters moved; seconded by Peterson to approve the October 25, 2022, minutes. There was a majority vote of twelve to one ( 12-1) to approve the minutes with Phillips abstaining. Clary declared the motion carried. CITIZENS' COMMENTS The rules for Citizens' Comments were read. Robert Little of 314 Raindrop addressed the Board stating Volunteer Bank at the New Shackle/North Vietnam Hwy location wants to build a private road through a lot on the comer of New Shackle, Creekwood and Glenbrook Shopping Center. Mr. Little requested the City investigate the situation and ask why Volunteer Bank wants this road constructed instead of waiting for TDOT to widen the road. He also asked why TDOT hasn't been contacted regarding widening New Shackle Island Road. CONSENT AGENDA The captions were read for: 1. Second and final reading of Ordinance 2022-21, an ordinance regarding the regulation of noise in the City. 2. Second and final reading of Ordinance 2022-28, an ordinance to accept grant funds for the purchase of bullet resistant vests and to appropriate these funds for this purpose. 3. Second and final reading of Ordinance 2022-29, an ordinance to accept safety office grant funds for traffic enforcement and to appropriate these funds for such purpose. 4. Second and final reading of Ordinance 2022-30, an ordinance incorporating by reference certain State offenses as offenses of the City of Hendersonville. Petrelli moved; Waters seconded a motion to approve the Consent Agenda. There was a unanimous vote to approve the motion. Clary declared the motion carried. MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE3 ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2022-27, an ordinance amending the Comprehensive Classification and Compensation Plan of the City and appropriating funds. Brown moved; Petrelli seconded to approve Ordinance 2022-27. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-31, an ordinance accepting a donation and appropriating funds for a bicycle pump repair station. Brown moved; Hayes seconded a motion to approve Ordinance 2022-31. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-32, an ordinance appropriating funds for a new pumper truck for the City of Hendersonville. Petrelli moved; Edwards seconded a motion to approve Ordinance 2022-32. Discussion included concerns of voting now with new members ofBOMA coming on board. At this point, the monetary savings, and the shortened time of apparatus construction has passed. Waters moved; Dixon seconded a motion to defer Ordinance 2022-32 and make it part of the Mid-Year Review. Discussion included pros and cons of support of the amendment. There was a majority vote nine to four (9-4) to approve the motion to defer with Brown, Cunningham, Hayes & Petrelli voting nay. Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-33, an ordinance appropriating funds for a survey of the deer population in the City of Hendersonville. Brown moved; Roberson seconded a motion to approve Ordinance 2022-33. There was a unanimous vote to approve the motion. Clary declared the motion carried. MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE4 The caption was read for Resolution 2022-46, a resolution allowing the City to bid on hosting the 2023 and 2024 TSSAA State Cross Country Championships. Brown moved; Edwards seconded a motion to approve Resolution 2022-46. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for Resolution 2022-47, a resolution to appeal the Hendersonville Planning Commission's decision to deny the Avenida at Indian Lake (also known as The Album) Setback Variance Request and Associated Carport Site Plan. Peterson moved; Brown seconded a motion to approve Resolution 2022-47. Brown noted the General Committee voted November 10, 2022, to pass the appeal. Discussion included clarification that a "yes" vote would be upholding the appeal and overturning the Hendersonville Planning Commission's decision. The property owner adjoining the Avenida at Indian Lake property sent a letter in support of Avenida's application for appeal. Concerns were shared regarding overturning the Committee's decision and whether a precedent would be set. Director Free stated it was well within the Board's authority to grant an appeal. Without objection the rules were suspended to hear from Karen Peel, representative for Avenida. Peel stated that the 19 parking spaces were already there. A covering was desired to be added over those already existing spaces as an additional amenity to their residents. Questions to Peel consisted of details of the carports and the setback variances requested. With Peterson's and Brown's approval the motion was revised to read Resolution 2022-47, a resolution to reverse the decision of the Hendersonville Planning Commission and approve the Avenida at Indian Lake (also known as The Album) Setback Variance Request and Associated Carport Site Plan. There was a majority vote nine to four (9-4) to approve the motion with Dixon, Roberson Skidmore and Waters voting nay. Clary declared the motion carried. OTHER AGENDA ITEMS None MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGES REPORTS Brief Committee Reports: General-Brown: • Reading of Resolution 2022-47, A resolution to appeal the Hendersonville planning commission's decision to deny the Avenida at Indian Lake (also known as The Album) Setback Variance Request and Associated Carport Site Plan. -Passed unanimously in committee. Public Safety-Petrelli: • Committee did not meet. • Thanks to the Fire and Police Chiefs and all Public Service Employees for their hard work. • Honored to have served on the Board of Mayor and Aldermen. Planning-Peterson (Given by Director Free): Grouped and approved the following Consent A genda: • Durham Farms, Phase 4, Section 34 - Final Plat Amendment • Durham Farms, Phase 4, Section 35B - Final Plat Amendment • Raising Cane's - Site Plan Approved the following Final Plat Amendment: • 1. Holiday Heights, Lot 7 (109 Ruby Drive)-Final Plat Amendment (Setback Reduction Request) The Hendersonville Planning Commission will be holding a work session for the Planning Commissioners, BOMA members and Staff on the Westlake Plan. Chief of Operations Report-Eckenroth • Dallas Long, Assistant Parks Director is going to be recognized by the State's Park Association as the Tennessee Young Professional of the Year. • Trevor Cole, also serving in Parks, is being recognized for the certificates he holds for playground equipment. • The City has four (4) projects up for possibility for award. • Cybersecurity Training Upcoming. • Westlake Plan Workshop and an introduction to BOMA for new members on November 15, 2022. • Currently have ten (10) active recruitments. • Thanks to the outgoing BOMA members and John Bradley from the standpoint of a citizen and all they have done to serve the City of Hendersonville. • The cell tower by Firehall 4 is shooting for December to be up and active with no lapse of coverage. The old tower is still active. Mayoral Report-Included in the packet. City Attorney John Bradley expressed his 35 years of service to the City of Hendersonville has been an honor and a privilege. MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE6 Upon motion by Hayes and second by Brown, there was a unanimous vote for approval to adjourn. Attest: Robert Manning, City Recorder