Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING February 27, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: ALDERMEN KAREN DIXON AND JIM WATERS The meeting opened with prayer led by Austin Teegarden, Youth Pastor at Good Shepherd United Methodist Church. The Pledge of Allegiance was led by Mayor Clary. Clary noted with eleven members ofBOMA present, eight (8) votes would be needed for a two-thirds (2/3) majority vote if such a vote were to be needed. AGENDA The February 27, 2024, BOMA meeting was called to order by Mayor Jamie Clary. Goodwin moved; Garton seconded a motion to approve the February 27, 2024, agenda. Roberson moved; Sasse seconded a motion to amend the agenda by adding a Capital Projects Report as Item three (3) under Brief Committee Reports. There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE2 Garza moved; Roberson seconded a motion to amend the agenda again by grouping Items eight (8) and nine (9) under Other Agenda Items. There was no discussion. There was a unanimous vote to approve the second amendment to the agenda. Clary noted the two-week rule was being waived on Item seven (7). There was a unanimous vote to approve the agenda as twice amended. Clary declared the motion carried. PRESENTATIONS None PUBLIC HEARING There was a continuation of a Public Hearing on Ordinance 2024-01, to hear comments on a request by Greg Tidwell, to rezone 32.3702 acres from Office, Planned Development (O- PD) and Suburban Living, Low Density (SR-1) to Office, Planned Development (O-PD) and Suburban Living, Low Density, Planned Development (SR-1-PD) and to approve a Preliminary Development Plan for the property. No one signed up to speak. MINUTES Garza moved; Garton seconded a motion to approve the February 13, 2024, minutes. There was no discussion. There was a unanimous vote to approve the minutes with Martin, Roberson and Sasse abstaining. Clary declared the motion carried. CITIZENS' COMMENTS Clary read the guidelines for Citizens' Comments. Robert Little of 314 Raindrop Lane addressed the Board regarding his feelings of no accountability from the Mayor. Through a Records Request to the Finance Department, he found that Kimley-Hom consultants have been paid $1 million dollars. He encouraged citizens to contact the Mayor and demand forensic accounting for the City Budget. Mr. Little stated the proposed increase in Sales Tax was needed. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE3 Darlyn Farris of I 09 Ellisa Drive addressed the Board regarding Ordinance 2024-01 and is glad the developers have chosen to protect the mansion. She stated she had done some research and expressed her opinion that she wished TBN had chosen someone else to manage the project. Mayor Clary reminded Ms. Farris that she is allowed to address issues, not individuals. Chris Taylor of 115 Troutt Valley Drive addressed the Board in support of Resolution 2024-08 [Reclamation Facility]. He stated when the Resource Authority comes back online in a couple of years after improvements and enhancements are made, it will already be at capacity. He thanked the Board for entertaining a viable solution to the trash problem that could last 30-40 years. He also encouraged the Board to ask lots of questions and hold the developers to their answers. Johnny Rich of 708 Lynnbrook Road addressed the Board in support of Resolution 2024- 08 [Reclamation Facility]. He represents the property owners for South Center Point Road and feels this option would be a testimony and honor to the men who came before and worked on the property creating dredges for the many years past. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading on Ordinance 2024-01, an ordinance rezoning 32.37 acres located at O Music Village Boulevard, on the south side of East Main Street between Bluegrass Commons Boulevard and Caudill Drive, and approving the TBN Music City Preliminary Development Plan to govern the development of said property. Martin moved; Roberson seconded a motion to approve Ordinance 2024-01. Martin noted the addendum that was added and approved at the last BOMA meeting concerning restoration of the mansion and the phases of development. Without objection, Peterson was added as a sponsor. There was no discussion. There was a unanimous vote to approve Ordinance 2024-01. Clary declared the motion carried. The caption was read for first reading of Ordinance 2024-03, an ordinance rezoning 6.59 acres located at 240 Innovation Way, east of New Shackle Island Road and south of Volunteer Drive from Industrial to General Commercial, and approving the Futbol5 General Commercial Comprehensive Development Plan to govern the development of said Property. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE4 Martin moved; Peterson seconded a motion to approve Ordinance 2024-03. Martin noted there was concern with the sports lighting for the outdoor fields trespassing into Grace Place. The developer stated they have no plans to install the lights but would not remove it from the Comprehensive Development Plan upon the Planning Commission's request. The Planning Commission reviewed the plan as presented with all the staff comments and left the outdoor field lighting issue for BOMA's consideration. Discussion included Peterson asking if anyone had been contacted regarding the rezoning of this property. Director Free stated there were concerns from a neighboring church of parking issues and noise generated from sports events on Sundays. Director Free explained the Planning Commission amended, and the applicant agreed there would be no outdoor activities on Sundays until after noon. There will be a buffer required between the multifamily zoned area and the development. Burgdorf moved; Martin seconded a motion to amend Ordinance 2024-03 by adding the following language to Section 1, at the end of paragraph 2: "with exception that outdoor lighting associated with outdoor fields shall not be permitted unless an amendment to the site plan is approved by the Planning Commission." Without objection the rules were suspended to hear from Chuck Messer. Mr. Messer stated there were no plans for lighting the outdoor fields at this time, but they did want to keep it as an option as they got further into the development. If that is going to keep the rezoning request from moving forward, they will concede. It was clarified that they could come back to request lighting at a different time if the need were to arise. Upon Roberson's request, Mr. Messer relayed the concept and the vision of the development. Roberson clarified with Mr. Messer that the facility will no be a bubble and will not exceed 35 ft. in height. Collins inquired as to when the lights in the parks are turned off. Her concern is in winter when daylight is shorter, no lights for the outdoor fields would limit the benefits to the community. Collins is more interested in limiting the use oflights as opposed to the existence of lights. Collins moved; Goodwin seconded an amendment to the amendment to allow lights, but have them turned off at 9:00 pm. The motion failed four (4) to seven (7) with voting as follows: Aye: Collins, Garton, Roberson, and Clary. Nay: Burgdorf, Garza, Goodwin, Martin, Peterson, Sasse, and Skidmore. Absent: Dixon and Waters. Clary declared the motion failed. There was then a vote on the amendment which passed seven (7) to four (4) with voting as follows: MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGES Aye: Burgdorf, Garton, Garza, Goodwin, Martin, Roberson, and Sasse. Nay: Collins, Peterson Skidmore, and Clary. Absent: Dixon and Waters Clary declared the motion carried. Discussion continued with buffers being clarified and Garza explaining why there were reservations from the General Committee-a traffic study is needed. There was a unanimous vote to approve Ordinance 2024-03 on first reading, as amended. Clary declared the motion carried. The caption was read for Resolution 2024-08, a resolution to consider pursuing the establishment of a solid waste transfer and reclamation facility to be located on South Center Point Road. Peterson moved; Goodwin seconded a motion to approve Resolution 2024-08. Without objection, the rules were suspended to allow the representatives of the project address the Board and answer questions. Hank Ingram with Ingram Marine Group was the first to address the Board and explain the project concept and how it will operate by addressing the problem, a solution, a site overview, benefits, and impact. Mr. Ingram was joined by Dan Lester with Ingram Infrastructure Group, Kevin Heath with Repurpose and Jamie Hartman with Enexor. The EcoPort is the first endeavor of this type. Each representative explained what their respective company does and how they are coming together to offer a solution to Hendersonville's trash disposal issue. The overall concept is waste is going to be brought in, sorted, with the highest value being recycled and sold as scrap, while organics will be taken out and turned into energy. The material with no alternative use will be shredded, baled, bundled, and put on a barge and sent to the landfill in West Tennessee. Mr. Lester explained in detail how the site is unique and how much work has already been done by completing multiple surveys and preparations made to apply for permits if the resolution moves forward. Currently 90% of waste is going to the landfill. The goal for the EcoPort use is to reduce that percentage to 35%. There will be daily road sweeping, washing and liter collection along with a public-private partnership to widen and enhance the infrastructure on Center Point Road, as well as having a recycling convenience center for Hendersonville residents. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE6 If there is passage tonight, the project is on track for the goal to have the facility opened and functioning by early 2026. The economic impact on Hendersonville is there will be no charge to the residents to pick up the trash. That will save the City approximately $40 million dollars and result in approximately $20 million dollars of revenue for a total budget impact of $60 million dollars over 20 years. There will also be 200-plus high-paying jobs created paying over $35.00/hour as well as the creation of a riverport which will connect Hendersonville to the inland highways. Burgdorf passed out a multi-page document to BOMA regarding safety concerns for the proposed waste transfer station and an alternative solution. Roberson inquired to Attorney Wray whether forward movement on the resolution would prejudice against the Board in any way. Attorney Wray stated it would not as there have been discussions with staff and developers present and all are currently good with the terms discussed. Roberson also verified this resolution is to explore the project and it would still have to go to the Planning Commission, work with staff and come to the Board for two readings. Attorney Wray agreed. Mr. Heath described the process in detail of the path of the trash once it enters the building. Mr. Ingram stated that the plastic collected would be sent to an outside vendor who would tum it into diesel fuel which will then be used in the towboats bringing the company a significant decrease in cost of operation as far as diesel fuel is concerned. Roberson stated if this facility comes to fruition they have stated there will be no more tipping fees resulting in savings for the City. Roberson inquired to Director Lock whether the current or future trash collection contract would allow the use of this facility. Director Lock stated the South Center Point property was included to potentially be utilized in the most recent bid for the trash contract. Roberson asked what the biggest impact would be to use this proposed facility. Director Lock stated the current trash pick-up process would become more efficient. Sasse inquired about the number of trucks that would be traveling the road per day. Mr. Heath stated initially they are looking at 168 trucks per day with the eventuality of 300 trucks per day. The hours of operation would be from 6:00 a.m. to 6:00 p.m. doing their best to not operate heavily during the peak hours of already existing traffic congestion in Hendersonville. The timing of the process of a truck coming in, dumping, and leaving was discussed along with a plan for overflow if there were unexpected delays in the process. Barges will be filled at the pace of one every two days in the first phase and one every day in the next phase. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE? Goodwin inquired of the percentage of what would be recycled by Enexor and whether the barges returning would be off-loaded in Hendersonville. Mr. Hartman stated Enexor would be recycling as much of the 65% waste collected as possible. Mr. Ingram explained that the current proposed set-up would be for the trash only at this point but if the trash issue were to be "cured" there is a possibility the facility could be converted to accept other commodities. There are currently no plans for a backhaul out of Hendersonville. The number of employees originally discussed at the meeting in Franklin that Goodwin attended has increased from 35-50 to 88 in the BOMA packet. She questioned what had precipitated the change. Mr. Ingram responded a whole shift was omitted and they initially tried to underestimate rather than come out with an aggressive number. Once they all got together that error was realized and with two shifts operating that brings the number of potential jobs up to 200. That number does not include temporary jobs such as construction or outside jobs that will be utilized. They are firm believers in ''under- promise and over-deliver." Operations will be five and ½ days. Skidmore shared that he had no constituents that were supportive of this facility and their concerns are for the smell and the environmental effect on the river. He is concerned about the impact on traffic and property values. Skidmore questioned whether trash would be accepted from Nashville. Mr. Hartman stated it would be only the highest value trash from Enexor clients and not just trash in general from Nashville. There are currently no plans for other cities to utilize this facility, but that could happen in the future. Garton moved; Collins seconded a motion to take a five-minute break. The motion was approved with a unanimous vote. Clary declared the motion carried. After the break, Martin spoke about the volume of the intake of trash and the ultimate goal. Mr. Heath responded that would depend on the type of truck coming in, whether it was a MSW truck or a C and W truck. Averaging 300 trucks per day, the port would be at nearly full capacity for the facility to handle the trash in a safe, compliant way inside. TDEC requires everything to be inside. If tonnage looks like it's going to exceed the current infrastructure, an expansion would be needed. Mr. Ingram explained that the City is responsible for 100 tons per day which does not take into account commercial businesses, multi-family homes, apartments, condos, etc. Mr. Ingram explained the footprint of Hendersonville is much larger than that; approximately 1200 tons per day, just residential. The 1500 tons referred to is the outside area, but the City as a whole is already producing 1200 tons per day. 300 trucks per day translates to approximately 3000 tons per day. Mr. Heath stated there is a great document from the Greater Nashville Regional Council MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE8 Waste Task Strike Force that outlines the trash crisis. Martin addressed an agreement that had been sent to the team and their responsive comments. Mr. Ingram further explained that at 1500 tons per day, the facility will be at self-sustaining cost level at the project site. When the site can be profitable, it can take on other added costs. The 50-year lease term was added to line up with the lease on the property and the expected life at the current use. An expansion could give it more than 50 years. They want to partner with the City with Hendersonville being a model site and eventually host others to see how to combat the problem. Attorney Wray explained the Board would not be bound to the terms. Martin stated the City asked for no tipping fees. Mr. Heath explained that a tipping fee is the cost for dumping the trash. He stated they offered no cost to the City for accepting trash up to 100 tons/day. It is between the City and the trash company to work out the logistics of getting the trash to the EcoPort. Peterson inquired regarding the process to go through afterward if this resolution passes. It would go to Planning, then Public Works, then BOMA. Clary explained it was such a big project direction was needed. Wray explained for the facility to operate, it would have to go through all processes. There would probably be a zoning amendment, a use amendment, and perhaps a permitting process. All of that and the site plan would go to the Planning Commission, with public hearings at that level and if approved, it would come to BOMA with a public hearing and two readings. Peterson asked if anyone had received any complaints or concerns from citizens. Neither were acknowledged. He asked if the Resource Authority smelled, to which Clary responded "yes" but also noted it was not enclosed. The facility will be inspected once a month by TDEC. Enexor will be converting waste to power in 2026 and providing power to the facility. The ground pellets will be used for power at the facility as well as other locations. Collins requested the tipping fee threshold include an inflation factor in the terms and be covered for the City from day one. CoIJins asked them to clean Main Street weekly as well as South Center Point Rd. from Exit 3 to Center Point entrance as trucks tend to leak. Mr. Heath stated the problem existed prior to them coming in. Due to the amount of traffic on Main Street and other factors, he doesn't want to commit to something that he doesn't feel can be accomplished at this point. Collins requested that Main Street be cleaned at least once a week, late at night. Collins verified that the trash received would be bundled and out of the facility within 24 hours to which Mr. Heath agreed. Controls can be put into place to minimize odor. The Resource Authority is held to the same state laws. Collins asked for the upkeep of the road the entire time the facility is being used. Mr. Ingram stated they would consider working something out with the City and potential grants. Collins inquired of fire hazards at facilities of this type. Chief Bush gathered information and spoke on fire incidents with the Resource Authority. Chief Bush gave examples of items collected that could cause fires as well as fire prevention considerations. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE9 Mr. Heath stated that these considerations will be part of their hazardous response plan and will work with suggestions set forth by the City and Chief Bush's suggestions. Sasse asked if the Hendersonville Fire Department could do regular inspections. Chief Bush responded the Fire Prevention Office has been planning and working toward being able to get into every business in the City limits on a regular basis within the next three or four years. Other questions included and addressed were backhauls displaced and whether the train would cause a backup of trucks. Mr. Lester stated they added additional capacity to hold trucks when needed. Burgdorf stated that the property in question does not have to be used for recycling and he desires other sites to be explored. Garton inquired as to other property uses for the property in question. Planning Director Free stated there were lots of different uses allowed for the property. The motion to approve Resolution 2024-08 failed five (5) to six (6) with voting as follows: Aye: Collins, Garton, Peterson, Roberson, and Sasse. Nay: Burgdorf, Garza, Goodwin, Martin, Skidmore, and Clary. Absent: Dixon and Waters. Clary declared the motion failed. The caption was read for Resolution 2024-10, a resolution approving the city employee suggestion program and employee recognition program. Clary moved; Garza seconded a motion to approve Resolution 2024-10. Without objection, Roberson was added as a sponsor. There was no additional discussion. There was a unanimous vote to approve Resolution 2024-10. Clary declared the motion carried. The caption was read for Resolution 2024-11, a resolution adopting the Sumner County Hazard Mitigation Plan. Roberson moved; Peterson seconded a motion to approve Resolution 2024-11. There was no discussion. There was a unanimous vote to approve Resolution 2024-11. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE 10 Clary declared the motion carried. The caption was read for Resolution 2024-12, a resolution amending certain fees to be collected by the Planning Department for various charitable and religious purposes. Sasse moved; Garza seconded a motion to approve Resolution 2024-12. There was discussion with Peterson opposing the reduction in fees. There was a six (6) to five (5) vote to approve Resolution 2024-12 with voting as follows: Aye: Collins, Garza, Martin, Roberson, Sasse, and Clary Nay: Burgdorf, Garton, Goodwin, Peterson, and Skidmore. Absent: Dixon and Waters. Clary declared the motion carried. The caption was read for Resolution 2024-13, a resolution to apply for an Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency ("FEMA") (Subject to approval by the Board, pursuant to Ordinance 2002-12). Goodwin .moved; Garton seconded a motion to approve Resolution 2024-13. There was no discussion. There was a unanimous vote to approve Resolution 2024-13. Clary declared the motion carried. OTHER AGENDA ITEMS Roberson moved; Sasse seconded a motion to reappoint Steve Gregory to the Citizen's Stormwater Appeals Board and Jim Thompson to the Historic Zoning Commission. There was no discussion. There was a unanimous vote to approve both reappointments. Clary declared the motion carried. REPORTS Brief Committee Reports Finance-Dixon-Report given by Vice-Chairman Burgdorf • Met February 27, 2024. • Discussed Ordinance 2024-05, an ordinance amending Budget Ordinance MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE 11 2023-11 to reflect mid-year adjustments to the City's 2024 fiscal year budget. Unanimously approved. • Discussed Resolution 2024-13, a resolution to apply for an Assistance to Firefighters Grant (AFG) through the Federal Emergency Management Agency ("FEMA"). Chief Bush will be writing a grant to replace aging equipment. The following updates provided by Finance Director Ingersoll: • Update on FY24 health insurance plans (verbal update). Switching from Cigna to BCBS for employee medical coverage has resulted in a $100,000.00 savings. • Sales Tax Analysis Report (to be provided under separate cover). Up for January receipts and on target with the Budget. • Hotel-Motel Tax Report (to be provided under separate cover. Revenue is down. One hotel in town is not renting due to tornado damage. • Investment Earnings Analysis (to be provided under separate cover). Over budgeted amount of $900,000.00 at $1.5 million. • Stormwater Report (to be provided under separate cover). On target. Public Works-Skidmore • Discussed Ordinance 2024-02, an ordinance amending the Hendersonville Municipal Code, Title 20, establishing impact fees for the City of Hendersonville. Passed. • Trash Collection Bids. Made a recommendation and asked Mayor for a resolution. A workshop is being planned. • Light Synchronization Update (verbal update). Phase 1 is complete. The Notice to Proceed for Design has been received for Phase 2 and work has been started. • Sanders Ferry Greenway Update (verbal update). Officially open. Working on replacing the wood rails with wire. Capital Projects Report-Roberson • Met January 24, 2024. • All committee members were present. • Reviewed 14 projects. • Light Synchronization Phase 2-thoughts were that it might be completed this year, but the State determines how quickly things are done. • Director Lock summarized Phase 2 of the light synchronization which is re-timing of 3 corridors and detection. • Walton Ferry/Old Shackle Island Realignment update. Potentially going to bid in June of 2024. • More funding will be needed for projects as they go out to construction. BOMA Report-Eckenroth • Report included in the packet. • This Old House surveyed 412 cities and ranked them as the best places to retire. The City of Hendersonville ranked 27th • Tennessee had two cities in the top ten with California having eight of the ten lowest ranked cities. MINUTES OF REGULAR MEETING FEBRUARY 27, 2024 PAGE12 Upon motion by Goodwin and second by Peterson, there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned. eting was adjourned at 10: 14 p.m.