Public Works Committee

CITY OF HENDERSONVILLE PUBLIC WORKS COMMITTEE January 24, 2023, at 5:00 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Chairman II. Acceptance of agenda III. Minutes A. Approval of October 25, 2022, meeting minutes 2-5 B. Approval of December 1, 2022, meeting minutes 6 C. Approval of January 3, 2023, meeting minutes 7-8 IV. Ordinances and Resolutions Skidmore 1. Reading on Resolution 2023-02, a resolution accepting the dedication of 9-13 streets in Durham Farms, Phase1, Section 1, including the pump station turnaround Clary 2. Reading on Resolution 2023-03, a resolution authorizing the Mayor to enter 14-15 an agreement substituting as lessee Vogue Tower Partners VII, LLC with Vogue XIII, LLC to an existing option and lease agreement dated August 8, 2019 V. Other Agenda Items 3. Waste Pro Settlement Agreement & Contract Amendment 16 4. Trash Collection Update 17-18 5. No Parking Signs on Cages Road 19-20 6. Light Synchronization Update (verbal update) 7. Sanders Ferry Greenway Update (verbal update) 8. Bradford Berry House (verbal update) 9. Other Business VI. Adjournment Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. 1  CITY OF HENDERSONVILLE PUBLIC WORKS COMMITTEE MEETING October 25th, 2022 Conference Room 1 5:00pm Present: Alderman Mark Skidmore (Chairman), Alderman Eddie Roberson (Vice- Chairman), Alderman Lee Peterson, Alderman Karen Dixon Also Present: Mayor Jaime Clary, Public Works Director Sarah Lock, Chief of Operations Jesse Eckenroth, Parks Director Andy Gilley, Administrative Services Director Jason Gallo Agenda Chairman Skidmore called the meeting to order at 5:00 p.m. Acceptance of the Agenda Acceptance of Meeting Minutes from Sep 27th, 2022 Motion: Alderman Eddie Roberson Second: Alderman Lee Peterson Vote: Passed Unanimously ORDINANCES AND RESOLUTIONS: 1. Ordinance 2022-27, an ordinance amending the Comprehensive Classification and Compensation Plan of the City and appropriating funds Parks Director Gilley reported that Ordinance 2022-27 is to increase the pay for all C schedule employees. C schedule employees consist of part-time and temporary workers. Parks Director Gilley states that this class of employees has not had a pay increase since 2019. Due to this, the Parks Department has had a difficult time recruiting new employees. Director Gilley made a request to add on to the ordinance. He requested that schedule C employees receive a COLA just like full-time employees. Motion: Alderman Lee Peterson Second: Alderman Eddie Roberson Vote: Passed unanimously 2  2. Ordinance 2022-31, an ordinance accepting a donation and appropriating funds for a bicycle pump repair station. Alderman Peterson had a question regarding whether the location of the bicycle repair station was the best possible location. Parks Director Gilley advised him that it was. He advised that it’s close to other bike trails and that the Veterans Park area sees a lot of bike activity. Motion: Alderman Eddie Roberson Second: Alderman Lee Peterson Vote: Passed unanimously 3. Ordinance 2022-46, a resolution allowing the City to bid on hosting the 2023 and 2024 TSSAA State Cross Country Championships Parks Director Gilley reported that the bid to host the 2023-2024 TSSAA State Cross Country Championships has come up for the coming year. The city has hosted it for the last three years. He advised that it has been profitable for the city and recommended the city bid on hosting it again. Alderman Roberson had questions on how many runners attend and how much money would go back into the city from families coming into town to stay. Alderman Peterson asked for estimates on what the economic impact on the city would be. Parks Director Gilley estimated that the city would most likely see tax revenue between ten to twenty thousand dollars. Motion: Alderman Lee Peterson Second: Alderman Eddie Roberson Vote: Passed unanimously OTHER AGENDA ITEMS 4. Trash Collection Update Public Works Director Lock provided a 60 day report to show the trash collection improvement from September to October. The max day for reported misses was thirteen misses. 3  5. TDEC ARP State Water Infrastructure Grants (SWIG) Public Works Director Lock reported this is a non-competitive ARP grant that they have a consultant assisting with. Director Lock also reported that the application was submitted on October 10th, 2022. The total of the grant is approximately $5.7 million with a 65/35 split. She advised the city should hear something back within 30 days regarding application status. 6. Saundersville LIC (Exit 8) Update Public Works Director Lock reported that they just received an updated construction estimate. The 2022 estimate for construction is close to $25 million. The right of way estimate is approximately $3.4 million. Alderman Roberson stated concerns over if the city could afford the project. He requested the staff to look into other potential options to save money. 7. Light Synchronization Update Public Works Director Lock reported they have issued a notice to proceed as of October 5th, 2022. The contractor is now working through internal purchase orders and will be submitting their equipment submittals to the city for review. She advised work most likely won’t be started on the project until after the first of the new year. 8. Sanders Ferry Greenway Update Public Works Director Lock reported they’ve put out erosion control measures as well as clearing and grubbing along the lake. They are working with CEI, the construction contractor, and our PIO on holding a groundbreaking soon. 9. Other Business Alderman Robeson asked Public Works Director Lock if she thought there might be a surplus in the Public Works budget. She advised she would need to look into it. Mayor Clary stated he received three proposals regarding the Bradford Berry House. He advised he would like to ask the Public Works and Planning Department on their thoughts. Once he has that he will update the committee with a recommendation. 4 Alderman Roberson asked for an update on the golf cart barn. COO Eckenroth advised Public Works Director Lock has asked several different contractors for a quote for repair and most have declined. They are currently waiting on additional responses. In the meantime, they have asked a Structural Engineer to look at so that they have a set of specifications for a contractor to follow. Alderman Peterson asked for an update on the cell phone tower on the Indian Lake peninsula. COO Eckenroth reported that in the latest meeting with Crown Castle they advised they were currently working with NES to try and get power to the site. Alderman Peterson asked about the storm damage reimbursements from FEMA. Public Works Director Lock advised that everything has been submitted and they are currently waiting on the final meeting before reimbursement can be issued. Motion to Adjourn Motion: Alderman Peterson Second: Alderman Roberson Meeting adjourned at: 5:52 pm __________________________________________________ Mark Skidmore, Chairman 5  SPECIAL-CALLED PUBLIC WORKS COMMITTEE MEETING MINUTES DECEMBER 1, 2022 MAIN MEETING ROOM 5:45 p.m. scheduled time Present: Mark Skidmore, Eddie Roberson, and Michael Martin Absent: None Others Present: Sarah Lock Called to order at 5:50 p.m. (Alderman Skidmore late) Special Called Meeting Notice had two items noticed for consideration, 1) Elect Chairman and, 2) Elect Vice-Chairman. Elect a Chairman: Alderman Skidmore gave the floor to Public Works Director, Sarah Lock, to elect the Chairman. Alderman Roberson made motion to make Alderman Skidmore Chairman of the Public Works committee. Alderman Skidmore accepted. Motion: Eddie Roberson Second: Michael Martin Vote: Approved 3-0 Elect a Vice Chairman: Chairman Skidmore opened the floor for Vice Chairman nominations. Chairman Skidmore made motion to name Alderman Roberson as Vice Chairman. Alderman Roberson accepted. Motion: Mark Skidmore Second: Michael Martin Vote: Approved 3-0 Other Agenda Items Chairman Skidmore recommended they have a Secretary and named Alderman Martin. Alderman Martin accepted. Motion: Eddie Roberson Second: Mark Skidmore Vote: Approved 3-0 Motion to Adjourn Motion: Eddie Roberson Second: None Needed Vote: Approved 3-0 Adjourned 6:10 p.m. ________________________________ Mark Skidmore, Chairman 6  CITY OF HENDERSONVILLE PUBLIC WORKS COMMITTEE MEETING January 3rd, 2023 Main Meeting Room 5:00 pm Present: Alderman Mark Skidmore (Chairman), Alderman Eddie Roberson (Vice- Chairman), Alderman Mike Martin (Secretary), Alderman Jim Waters Also Present: Mayor Jaime Clary, Public Works Director Sarah Lock, Chief of Operations Jesse Eckenroth, Waste Pro Division Manager Mark O’Brien, WastePro Municipal Marketing Director Lori Joyner, Public Information Officer Casey LaMarr Agenda Chairman Skidmore called the meeting to order at 5:00 p.m. Acceptance of the Agenda Motion: Roberson Second: Martin Vote: Passed Unanimously Trash Collection Update Director Lock invited a Waste Pro Division Manager, Mr. O’Brien, to the meeting to address concerns over recent trash situation around holidays and inclement weather. Roberson moved to allow citizens to make their comments first. Second: Martin Vote: Passed Unanimously Residents discussed their experiences with Waste Pro and the specific areas where they believe there could be improvement. Comments included good as well as bad experiences. Mark O’Brien of Waste Pro discussed his operations plan. He also discussed why things worked out as they did over the holiday, taking responsibility for errors in communication. The Aldermen each discussed feedback they received from their residents and communications between residents and Waste Pro. Roberson noted a previous supplemental service plan that Waste Pro had submitted to the City previously and O’Brien spoke to that topic. 7 Roberson motioned that Waste Pro, the City Attorney, and Director Lock meet to discuss an appropriate penalty for the qualifying misses. Mayor Clary to also be involved with that discussion. The agreement will be presented at the next Public Works committee meeting on January 24th. Second: Martin Vote: Passed Unanimously Mayor Clary noted that the resolution is focused on the preventative rather than punitive measures. Motion to Adjourn Motion: Roberson Second: Martin Meeting adjourned at: 6:19 pm __________________________________________________ Mark Skidmore, Chairman 8  RESOLUTION 2023-02 Sponsor: Skidmore A RESOLUTION ACCEPTING THE DEDICATION OF STREETS IN DURHAM FARMS, PHASE 1, SECTION 1, INCLUDING THE PUMP STATION TURNAROUND WHEREAS, the developer, WFC Durham Holdings VII, G.P., has formally requested the City of Hendersonville accept dedication of the completed streets in Durham Farms, Phase 1, Section 1, expressly including the pump station turnaround as shown on the attached map; and WHEREAS, the streets and drainage have been inspected by the Public Works Director and City Engineer and were found to meet all City specifications; WHEREAS, the Hendersonville Regional Planning Commission on _______ recommended acceptance of all the streets in this section: NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the dedication of the completed streets in Durham Farms, Phase 1, Section 1, expressly including the pump station turnaround, is hereby accepted. Adopted this the ____ day of February 2023. APPROVED: _____________________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ TAMARA INGERSOLL, Interim City Recorder APPROVED AS TO FORM: ____________________________________ LANCE WRAY, Interim City Attorney 9  LEGISLATIVE HISTORY Resolution 2023-02 Sponsor: Skidmore Committee: Public Works Date of Committee Meeting: January 24th, 2023 Committee Recommendation: 10 DATE: January 24, 2023 ORDINANCE/RESOLUTION # Resolution 2023-02 A Resolution accepting the dedication of the completed SPECIFIC REQUEST/ RECOMMENDATION: streets in Durham Farms, Phase 1, Sections 1, Hendersonville, Sumner County, Tennessee STAFF REPORT REPORT PREPARED BY: Sarah Lock, PE, Public Works Director BACKGROUND: 1 The Subdivision Regulations for the City of Hendersonville establish a process for development within the City. Once a residential subdivision is constructed and complete, the developer formally requests final acceptance of improvements and streets by the City. Staff provides a final review of the subdivision after punch list items have been addressed and recommends acceptance to the Public Works Committee, Planning Commission and Board of Mayor and Alderman. DISCUSSION: 2 The Developer, WFC Durham Holdings, LLC, formally requested the City of Hendersonville accept dedication of the completed streets in Durham Farms, Phase 1, Section 1, including the pump station turnaround. The streets and drainage have been inspected by the Public Works Director and City Engineer and were found to meet all City specifications. FISCAL IMPACT: 3 n/a ADDITIONAL INFORMATION / PHOTOS: 4 n/a ATTACHMENTS: 5 • Resolution 2023-02 • Official Street Acceptance Map • Final Plat Section 1 11  MISTY WAY MISTY W AY CHAMPIO ALLEY N SHIP PLA CE 102 CHAMP IO NSHIP PLACE 101 105 107 LOMBAR DI PLACE 104 108 112 AL L Right of Way EY N Dedication TA GL E L OD WO AN E CITY OF HENDERSONVILLE Phase 1 Section 1 PUBLIC WORKS DEPARTMENT STREET ACCEPTANCE Ava µ VICINITY MAP nt L ane DURHAM FARMS PHASE 1 SECTION 1 Feet 0 112.5 225 450 675 900 12 13  RESOLUTION 2023-03 Sponsor: Clary A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT SUBSTITUTING AS LESSEE VOGUE TOWER PARTNERS VII, LLC WITH VOGUE XIII, LLC TO AN EXISTING OPTION AND LEASE AGREEMENT DATED AUGUST 8, 2019 WHEREAS, the City and Vogue Tower Partners VII, LLC entered into an Option and Lease Agreement dated August 8, 2019, for the lease of real property owned by the City to manage and operate a cell tower providing cellular service, as authorized by Resolution 2021-41; WHEREAS, pursuant to Section 8 of said Agreement, the Tenant shall have the right to assign, sell or transfer its interest in said Option and Lease Agreement under certain conditions; and WHEREAS, those conditions having been met, the City hereby consents to said assignment, sell or transfer of Lessee’s interest in said Agreement to the new Lessee, so long as the new Tenant assumes all obligations, duties, responsibilities, future performance and liabilities under the original existing Option and Lease Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMAN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby authorizes the Mayor to enter into an agreement substituting as Lessee Vogue Tower Partners VII, LLC with Vogue XII, LLC, and Vogue XII, LLC assumes all obligations, duties, responsibilities, future performance and liabilities under the original existing Option and Lease Agreement. Adopted this the ____ day of February 2023. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ TAMARA INGERSOLL, Interim City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 14  LEGISLATIVE HISTORY Resolution 2023-03 Sponsor: Clary Committee: Public Works Date of Committee Meeting: January 24th, 2023 Committee Recommendation: 15  Contract Amendment & Settlement Agreement Contract Amendment for the following items: • Existing (unincorporated) Service Plan • Provision for ‘End of Day Report’ if streets are missed • Language for ‘24-hour window’ to collect a miss • Encouragement of pro-active work, i.e. penalties will not apply for pro-active work, scheduled in advance of normally scheduled pick-up day. o Clock will not start for misses until the day of regularly scheduled collection. For example, if the City and Waste Pro agree to pick a route up a day early, scheduled for Wednesday but picked up on Tuesday, a miss will not be counted until Wednesday and the 24-window to collect a miss would extend through Thursday. A miss would be justified beginning Friday. Calculated fine for December 2022 – Total allowable fine 128 x $100 or $12,800. • Immediate fine 25%, $3,200 to be subtracted from next Waste Pro monthly invoice • Remaining 75%, $9,600, to be subtracted during or after performance period (January- May) Performance Credit - 75% ($9,600) remaining balance will be reduced by 1/4 for every month, after January, of service that does not exceed the 200-home allowance per the contract, i.e. every month that does not have a fineable event. During January or the subsequent 4-month performance period, if any one month does not meet the performance goal of no fineable event, the remaining balance will not be reduced for that one month. If during the performance period, January and the subsequent 4 months, any fineable event occurs on Friday’s route the whole performance credit of $9,600 will be due immediately and no credit shall be given for any month within the performance period. Month Service Expectations Performance Credit January No fineable event 0%* February No fineable event 25%* ($2,400) March No fineable event 25%* ($2,400) April No fineable event 25%* ($2,400) May No fineable event 25%* ($2,400) June Applicable credit, if any, to be applied against the remaining $9,600 fine *If any fineable event occurs, January-May, on Friday’s route no performance credit will be given for any month and the balance of $9,600 is due in full, and will be subtracted from the next Waste Pro monthly invoice. 16 Trash Collection Update January 2023 17 Trash Misses 11/22/22 - 1/7/23 Daily Reported Trash Collection Misses (45 days) Date Reported Misses 11/22/2022 6 80 11/23/2022 3 11/26/2022 6 11/28/2022 13 70 11/29/2022 9 67 11/30/2022 10 12/1/2022 14 60 12/2/2022 8 12/5/2022 5 52 50 49 12/6/2022 7 # Daily Misses 46 12/7/2022 4 12/8/2022 6 40 12/9/2022 6 12/12/2022 4 32 12/13/2022 5 30 12/14/2022 4 12/15/2022 11 20 12/16/2022 5 12/19/2022 3 13 14 14 11 12 12/20/2022 2 10 9 10 10 12/21/2022 4 8 7 7 6 6 5 6 6 6 3 4 4 5 4 5 3 2 4 4 12/22/2022 10 0 12/26/2022 4 12/27/2022 49 12/28/2022 52 12/29/2022 46 12/30/2022 66 1/3/2023 32 Date 1/4/2023 14 1/5/2023 6 1/6/2023 12 1/9/2023 7 18 Request for No Parking Signs on Cages Road. Neighboring property owner has requested No Parking signs be installed in front of the Lake Haven Townhomes (shown below). The developer has requested residents be permitted to park in the grass strip, indicating they were not informed on-street parking would not be permitted. Roadway width is approximately 16’. History: • Lake Haven was not designed or approved for on-street parking; two spaces per unit were constructed by the Developer. • The comments from 2016 on Cages Commercial Subdivision specified that no parking may encroach onto the right-of-way (ROW), which begins at back of sidewalk. The ROW includes the sidewalk, grass area and roadway. This was provided as an excerpt from the Zoning Ordinance in place at that time (shown below). The current Zoning Ordinance excerpt is also shown below. • On-street parking may not be a viable option unless a waiver were to be requested and approved through Planning’s process. Reference the Current Zoning Ordinance below. • Zero collisions in the past 3 years. Recommendation: Install No Parking signs. 19 Excerpt from 2016 comments based on previous version of Zoning Ordinance (attached for reference): Current Zoning Ordinance, available on the City of Hendersonville website: Also from the current Zoning Ordinance: 20