Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN November 29th, 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 November Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee IV. Public Hearing V. Minutes A. Approval of the November 10th, 2022, meeting minutes 3-8 VI. Citizens Comments VII. Consent Agenda VIII. Ordinances and Resolutions Brown, 1. Second and final reading of Ordinance 2022-31, an ordinance accepting a donation and 9-12 and Clary appropriating funds for a bicycle pump repair station Brown, 2. Second and final reading of Ordinance 2022-33, an ordinance appropriating funds for a 13-14 and Clary survey of the deer population in the City of Hendersonville IX. Other Agenda Items 3. Appointment of members to the regular Standing Committees 15 4. Appointment of aldermen to serve as liaisons to the citizen committees and boards 16 5. Appointment of an alderman to serve on the Planning Commission 6. Election of the Vice-Mayor 7. Consideration of cancelling meetings scheduled for December 27th, 2022 X. Reports 8. Chief of Operations Report XI. Adjournment 1  Information Re: Board/Committee Nominations for Next Agenda A. Consideration of the reappointment of John Zobl to the Industrial Development Board B. Consideration of the reappointment of Rene Shepherd to the Arts Council C. Consideration of the appointment of Shea Calabrese to the Arts Council D. Consideration of the appointment of Phillip Fryman to the Arts Council E. Consideration of the appointment of Cemile Logue to the Arts Council F. Consideration of the appointment of Robert Cox to Beautiful Hendersonville G. Consideration of the appointment of Roderick Fox to the Beer Board H. Consideration of the appointment of Sylvia Stumpfig to the Deer Herd Monitoring and Control Committee I. Consideration of the appointment of Danny Bell to the Golf Course Commission J. Consideration of the appointment of Chris Fehrmann to the Golf Course Commission 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 NOVEMBER 10, 2022 PAGE 1 CITY OF HENDERSONVILLE 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 HAYES, ALDERMAN LEE PETERSON, 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 3 MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE 2 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 corner 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. 4 MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE 3 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 of BOMA 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. 5 MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE 4 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 Ordinance 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 Ordinance 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 6 MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE 5 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 Agenda: • 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. 7 MINUTES OF REGULAR MEETING NOVEMBER 10, 2022 PAGE 6 Upon motion by Hayes and second by Brown, there was a unanimous vote for approval to adjourn. The meeting adjourned at 8:29 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 8  ORDINANCE 2022-31 Sponsor: Brown AN ORDINANCE ACCEPTING A DONATION AND APPROPRIATING FUNDS FOR A BICYCLE PUMP REPAIR STATION WHEREAS, the Mitchell E. Hale Memorial Fund desires to donate funds to the City in the amount of $1,777.48 for a bicycle pump repair station in memory of Mitchell E. Hale; and WHEREAS, the City’s Parks Department has determined that a free bicycle pump repair station located near the greenway trailhead in Veterans Park would be an asset for the City: NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee, that a donation in the amount of $1,777.48 from the Mitchell E. Hale Memorial fund is hereby accepted, and these funds are appropriated for the purchase of a bicycle pump repair station at the greenway trailhead in Veterans Park. This ordinance shall take effect at the earliest date allowed by law. 1st Reading: November 10th, 2022, Passed 2nd Reading: APPROVED: _____________________________ JAMIE CLARY, Mayor ATTEST: ____________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 9  LEGISLATIVE HISTORY Ordinance 2022-31 Sponsor: Brown Committee: Public Works Date of Committee Meeting: October 25th, 2022 Committee Recommendation: Yes Committee: Finance Date of Committee Meeting: October 25th, 2022 Committee Recommendation: Yes First BOMA Reading: November 10th, 2022 Vote: Aye: Brown, Collins, Cunningham, Dixon, Edwards, Hayes, Peterson, Petrelli, Phillips, Roberson, Skidmore, Waters, and Clary. Nay: None. Motion carried. Second BOMA Reading: November 29th, 2022 10 DATE: November 29th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-31 Ask that BOMA vote to “accept and appropriate” a SPECIFIC REQUEST/ RECOMMENDATION: donation from the Mitchell E Hale Memorial Fund in the amount of $1,777.48 to the Parks Asset FY 23 Budget STAFF REPORT REPORT PREPARED BY: Andy Gilley – Parks Director BACKGROUND: 1 Hendersonville resident Jeff Hale started a Memorial Fund in honor of his late son, Mitchell. He wanted to donate a bicycle pump repair station in memory of his son to the Parks, as his son was an avid bike rider. The location would be at Veterans Park near the Greenway Trailhead and would offer a free service to the community. DISCUSSION: 2 • To be considered by the Parks Board on October 24 • Seems to be a nice fit to compliment the greenway and the future Bike Pump Track at that location FISCAL IMPACT: 3 • The donation covers the purchase of the station • City Staff would be responsible for the installation at very minimal cost and the ongoing upkeep and maintenance of the station. ADDITIONAL INFORMATION / PHOTOS: 4 • Bike Repair Station Image ATTACHMENTS: 5 N/A 11  • . .,:1 .� ' �q;;· .• -�· l -. · . '.· }",.,, ·/••· •�• -,, C C • ");J'; C" ·,1;••, ·• \. .)"';'·; ·,l''-'"',;, , -�1; . t:--�.�-.., , �'W · .,.t' ' .. ,· -;.. ..,.;,., k.�• . • ,/f;,,,. 1� . .- �'· "\� ��:!f. •.. ""' • • .. �-);'\ . ·�·- \ . �.-j .. ·:. . "• . . 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', \ , l-, -  ORDINANCE 2022-33 Sponsor: Brown AN ORDINANCE APPROPRIATING FUNDS FOR A SURVEY OF THE DEER POPULATION IN THE CITY OF HENDERSONVILLE WHEREAS, the proliferation of deer in the City of Hendersonville has become a major concern for the health and safety of our residents and for the deer; and WHEREAS, an accurate survey of the deer population needs to be conducted within the City to properly evaluate what actions need to be taken: NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee, that an amount not to exceed Seven Thousand, Five Hundred Dollars ($7,500.00) is hereby appropriated from the General Fund to pay for a survey of the deer population in the City of Hendersonville, Tennessee. This ordinance shall take effect at the earliest date allowed by law. 1st Reading: November 10th, 2022, Passed 2nd Reading: APPROVED: _____________________________ ATTEST: JAMIE CLARY, Mayor ____________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 13  LEGISLATIVE HISTORY Ordinance 2022- 33 Sponsor: Brown Committee: Finance Date of Committee Meeting: October 25th, 2022 Committee Recommendation: Yes First BOMA Reading: November 10th, 2022 Vote: Aye: Brown, Collins, Cunningham, Dixon, Edwards, Hayes, Peterson, Petrelli, Phillips, Roberson, Skidmore, Waters, and Clary. Nay: None. Motion carried. Second BOMA Reading: November 29th, 2022 14 Standing Committee Appointments - first year in office rank of seniority current committee committee preference Skidmore 2012 1 Public Works Public Works Waters 2012 1 General General Roberson 2018 3 Public Works Public Works Edwards 2018 3 Public Safety Public Safety Collins 2020 5 Finance Public Safety Dixon 2020 5 Finance Finance Peterson 2020 5 Public Works General Garton 2022 8 Finance Garza 2022 8 General Goodwin 2022 8 Public Safety Martin 2022 8 Public Works Sitler 2022 8 Finance - - Public Works Skidmore Roberson Martin General Waters Peterson Garza Public Safety Edwards Collins Goodwin Finance Dixon Garton Sitler 15 Citizen Committee Liaison Appointments first year in office rank current committee(s) preference Skidmore 2012 1 Facilities Naming Facilities Naming/Historic Zoning Waters 2012 1 Historic Zoning Municipal Board of Zoning Appeals Roberson 2018 3 Golf Course Golf course Edwards 2018 3 Beer IDB Collins 2020 5 Arts Arts Dixon 2020 5 Adjustments and Appeals; Deer Herd M Beer Peterson 2020 5 Planning Commission Board of Parks and Recreation Garton 2022 8 Board of Adjustment and Appeals Garza 2022 8 Beautiful Hendersonville Goodwin 2022 8 Personnel Board Martin 2022 8 Planning Commission and Disability Board Sitler 2022 8 Deer Herd Monitoring Committee 16