January 22, 2024 BOMA

Meeting of the Board of Mayor and Aldermen

This board meeting was moved from Thursday January 18th to Monday January 22nd because of the snow and ice. The city did not have a pastor to lead the meeting in prayer. All members of the board were present. The agenda was adopted and the minutes from December were approved. No one signed up for public comment nor did anyone sign up to speak on the public hearing for ordinance 23-20.

10. Communication from Mayor, Aldermen, City Attorney, and City Administrator Alderman Wall began with a big thanks to the public works department for their efforts over the week with all of the snow. Each alderman and the mayor echoed their thanks for the work that was put in clearing the roads. City Administrator Herman had updates for the board. The snow slowed the progress on many of the city projects. The crew was back at the rec center as of Monday. Herman also thanked the public works department. Back in 2018, the city only had two trucks to work snow days. There are now four trucks and a snow blower. The teams of men worked 24 hour shifts in the trucks and slept on cots to make sure everything got done. One of the members had a friend call that had a medical emergency. The public works crew cleared a path to their home for the emergency crews to get through. The life of the citizens was saved due to their assistance. This week Mr. Herman sent a letter to the Sumner County Commission addressing their proposed EMS facility in White House. The city was not informed or advised on this facility. The letter will be available to the commission at their meeting on Monday night. (Jan. 22) Our police and fire save lives here in White House and we have made significant improvements since 2017. (see file below for EMS changes in White House, Portland, Millersville)

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Reports were acknowledged and there were no resolutions.

13. Consideration of the Following Ordinances: a. Ordinance 23-20: An ordinance amending the Municipal Code Title 8, Chapter 1 Intoxication Liquors Section 8-103 and Chapter 2 Beer Sections 8-207 and 8-208. Second Reading. This ordinance was discussed last month and information on this ordinance can be found here and in the agenda packet. Approved.

b. Ordinance 24-01: An ordinance amending the Zoning Ordinance to provide an amendment to Article IV, 4.170 Residential Agriculture Uses. First Reading. Jenna Nelms of planning spoke to this issue. A study session was held in August and most of the citizens that attended were pro chickens. There are two possible ordinances that the city can put in place. One is to allow chickens with regulations, the other is to clean up the language in the existing ordinance. Nelms and Ceagus Clark, planning director, looked at other cities in the area and their ordinances regarding chickens. What they came up with was an ordinance that would allow four hens in residential zoning for personal use.

Wall asked if the lot size requirement was abandoned. Nelms stated that the ordinance kept it at residential only because all of the new subdivisions have HOAs. Alderman Spicer asked if the ordinance would trump the HOA. City attorney Webb added that HOAs can be more restrictive, but that people still need to follow the ordinances. Wall asked if they would be required to have a fenced yard, or just a fenced pen, similar to how you need to fence a pool. Nelms stated that it could be added, but might be an issue with yards that are an acre. Spicer asked if there would be a permit. Nelms added that permits and pricing could be done at the administrative level after the ordinance was passed. Alderman Silver then added that we have had many meetings on chickens. At this point no one has addressed the adverse effects on the neighbors. The city does not have the man power to inspect and enforce a new chicken ordinance. While this passed the planning commission, the decision was only 4-3 in favor. This seems to be bad timing for a city that is growing so quickly. Silver then continued that she would like to see the current ordinance cleared up and then spend no more time discussing chickens. Alderman Matthews added that his ward has mostly older homes without the protections of HOAs. Most of the feedback that he recieved from his constituents was overwhelmingly no. The reasons given by the citizens were all of the same reasons that have been discussed at length. Noise, smell, rodents, predators, enforcement just to name a few. Matthews agrees that the language in the current rules need to clarified and that the lot size should stay at an acre. A new ordinance could be a lot of work for codes. Spicer had nothing to add as she agreed that all of these issues have been discussed. Herman then clarified what was on the table. The new ordinance can be approved, or it can be denied with recommendation to improve the language in the current ordinance. Mayor Corbitt then stated that the enforcement would be the same in either case, it will be enforced by complaints. Personally he doesn’t think that it will be that big of a deal, but will do what the board believes is right. Wall added that he is concerned about coyotes. With the developers clearing more and more land, coyotes are coming into town more regularly. Nelms then asked if they wanted to keep the ordinance as is but tighten up the language. Currently, the rules do not specifically say chickens aren’t allowed. Herman added that the language needs to be cleaned up. Matthews asked how many someone could have if they have more than an acre. Nelms answered that there is no language in the rules that specify number of chickens. Silver asked if the ordinance addresses under an acre. Nelms replied that it is not clear. Wall agreed that the language needs to be cleaned up. Clark stated that they could address that in the codes. Wall added that only two homes in his neighborhood could then have chickens. Nelms added that people really want to know the board’s decision. Wall asked if there would be a permit. Clark stated that a permit would not be necessary since they have to go before the board of zoning appeals in order to have chickens. Nelms then added that nothing in the ordinance says chickens are prohibited on properties under an acre. Corbitt asked if the people with chickens on properties under an acre would be “grandfathered in.” Webb was unsure of the answer on that and would need to look into it further. Clark added that if they didn’t go to the board of zoning appeals, no matter what size their lot is, the chickens aren’t legal. Webb added that the current ordinance is not written correctly. Herman brought the meeting back to the options, defer, table, or deny and then work on changes. The ordinance was denied. Planning will be working on cleaning up current ordinance.

c. Ordinance 24-02: An ordinance amending the Municipal Code Title 2, Chapter 2 Library Board Section 2-210 Schedule of Fines, Services and Damages. First Reading In 2023 the librarian was tasked with looking at going to a “fine free” system regarding library books. She reached out to other libraries and took part in several events regarding this topic. What she learned was that fewer items are never returned, there are fewer blocked cards, and more circulation tends to follow when fines are discontinued. The library would remove late fees on books, but would keep them on tech. devices. The fees would stay on books over seven days overdue. Wall asked what this would do to the library budget. The librarian continued, last year 576 items were lost. That was an $8k cost for the library. $2k of that was waved. Only $319 were actually collected on the lost items. People will be more likely to return books if they know there will not be a fine. Last year there was $5k in fines, and $2k were paid. The loss in revenue should be offset by the returning of lost items. Approved.

14. Purchasing: a. To approve or reject authorizing the City Attorney Valerie Webb and City Administrator Gerald Herman to proceed with condemnation of a portion of two (2) parcels for rights-of-way and easements for the Southern Force Main Phase 4 project. The City Administrator recommends approval. There are two properties on Sage Road that the city needs to purchase an easement in order to complete the Southern Force Main project. One of these properties they have not been able to get in touch with the owner. There has been no communication at all.

Matthews asked why the differences in payments? Herman responded that the impact on each property is very different. On one property, it’s only a corner that is needed, on another the house sits way back off of the road. Wall noted that the difference in what the city is paying per square foot is different. Webb added that some of the prices were negotiated before these new appraisals were done. There are two properties that are getting ready to be served with condemnation paperwork. Wall asked why there were no values on those. Webb answered that the appraisals in here were what the city was waiting on. Herman added that Mosely wanted more than the city wanted to pay, but that the appraisal came back higher than he expected. Wall asked if there were differences in zoning. Webb added that there are some differences, but the biggest issue is that the main goes further into the Mosely’s yard. The property that they have had no communication with is The Optima Trust property. They have called and sent certified letters, but have gotten a hold of no one. This issue will be handled by outside council. Approved

b. To approve or reject City Administrator Gerald Herman to acquisition by purchase or condemnation of an easement and right-of-way of a portion of land owned by Michael Mosely at 218 Sage Road for the Southern Force Main Phase 4 project in the amount of $38,107. The City Administrator recommends approval This is discussed above. Approved.

15. Other Business: a. To approve or reject the results of the financial audit completed by KraftCPAs for the year ending June 30, 2023. The Finance Director recommends approval.

This was discussed at the study session in the hour before the BOMA meeting. I was not in attendance. Approved

b. To approve or reject subdivision infrastructures and street acceptance for Fields of Oakwood Phase 1 and Phase 2.1. The Planning and Codes Director recommends approval. Phases 1 and 2.1 have been inspected. They will hold 10% of the total bond for the next year as this part of the subdivision moves into the maintenance phase. Approved.

c. To approve or reject subdivision infrastructures and street acceptance for The Reserve at Palmers Crossing Phase 1 and 2. The Planning and Codes Director recommends approval. Phases 1 and 2 have been inspected. They will hold 10% of the total bond for the next year as this part of the subdivision moves into the maintenance phase. Approved.

16. Discussion Items:

a. Transportation Alderman Matthews had an ad hoc transportation committee this fall that was chaired by Ceagus Clark. They had some informative meetings and met with two engineering firms to discuss transportation issues in the city. The committee was dissolved in December. With the increase in population, Matthews believes that we need to focus on transportation. Other cities have transportation committees that work with planning. The transportation committee would specifically address issues with transportation. Herman had mentioned using the comprehensive plan, but Matthews continued that when the plan was completed in 2019, they expected the population to be 14k by 2040. We are already there. The plan missed the mark and we are using a plan based off of numbers that are wrong. At minimum the city needs long term planning and in order to put transportation projects in the budget, they need a plan. A complete traffic impact study is needed to look at updating the transportation plan. Spicer added that it all needs to be discussed, but each developer has a traffic study that has been turned in to the city. Herman then stated that they were at a point where a decision needed to be made on Matthew’s transportation committee. It was getting more complicated, and the city knows where the hot spots are. Six projects out of 23 are deemed high priority. Out of the 23 projects, some are already being completed by private developers, such as the improvements in front of the Publix. Three of these projects are basically shovel ready and three are a little further out. The city will be having a study session next month to discuss these projects and how to fund them. There are options on how to fund the transportation projects, and a referendum has been brought up as an option. The city is working on the proposals of projects and funding. They will be discussed in February. If they decide to go with a referendum, it is free to put it on the ballot in November, but will cost the city money if they go to a vote in a special election. Back in 2002 there was a transportation committee in White House. Matthews added that other cities have them. No further discussion was had on the transportation committee.

b. Additional Board Appointments for Aldermen by the Mayor Alderman Wall asked if there was language in the charter stating what each board member is “required” to do. Each board states what the make up needs to be. However, the board of zoning appeals doesn’t outline what members need to be on it. Is there a way to put language in the charter that states a board member has to serve on at least one other board besides BOMA? Right now the mayor appoints aldermen to the boards but the charter doesn’t specifically state that alderman have to serve on other boards. Webb stated that the charter cannot be changed. Herman added that authority is given to the mayor to appoint board members. It’s not required for aldermen, but is recommended. There is training that is required of board members simply because they deal with wastewater. Wall stated that he didn’t want the authority taken from the mayor, he was just looking for clarification. Herman said that ultimately the voters are where the expectations come from. The public will make sure they are satisfied with your service by the way they vote.

Adjourned