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Board of Mayor & Aldermen

Regular Meeting

Hendersonville, TN · February 8, 2022

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Minutes

MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE I CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING February 8, 2022, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR PEG PETRELLI, VICE-MAYOR STEVE BROWN, ALDERMAN RACHEL COLLINS, ALDERMAN ARLENE CUNNINGHAM, ALDERMAN KAREN DIXON, ALDERMAN JONATHAN HAYES, ALDERMAN LEEPETERSON,ALDERMAN LORI PHILLIPS MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT RUSS EDWARDS, ALDERMAN EDDIE ROBERSON, ALDERMAN The meeting was opened with prayer led by Jonathan Hayes and The Pledge of Allegiance led by Addison Tessin. AGENDA The February 8, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Cunningham to approve the February 8, 2022, agenda with acknowledgment of Item #7, Resolution 2022-07 a resolution to declare the "Hendersonville is Hiring 2022" event a City sponsored event and to exempt associated signage from the City's sign regulations (Subject to approval by the Board pursuant to Ordinance 2002-12) waiving the 2-week rule and notation that the COO's report will include information regarding the cell tower at Station #4. There was a unanimous vote to approve the agenda with Edwards and Roberson absent. Clary declared the motion carried. PRESENTATIONS MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE2 None PUBLIC HEARING None MINUTES Collins moved; seconded by Skidmore to approve the January 25, 2022, minutes. There was a majority vote of 10-1 to approve the minutes with Phillips abstaining and Edwards and Roberson absent. Clary declared the motion carried. CITIZENS' COMMENTS Addison Tessin of 586 Lingering Way, Hendersonville, TN addressed the Board regarding the trash problem in Hendersonville and how the flow of trash into the rivers eventually make it to the ocean causing danger for the animals to swim. She suggested multiple ways to notify the public to make them aware of the littering issue and to get involved in the cleanup. Ryan Miller of 179 Bonita Parkway, Hendersonville, TN addressed the Board with opposition to the installation of the cell tower at Station #4 until it can be proven safe to be in close proximity to cell towers with no adverse health effects. Leaming of potential adverse health effects of radiofrequency radiation and the unknown of long term non- thermal exposure has caused concern to employees of Station #4 and other Fire personnel and those residents in the same area. Chase Bochette of 1003 Winston Hills Pkwy, Hendersonville, TN addressed the Board with opposition to the cell tower being placed at Station #4 citing there was scientific evidence that points to the existence of non-thermal effects of radiofrequency radiation. Eric O'Saile of 511 Indian Lake Road, Hendersonville, TN addressed the Board with opposition to the cell tower being placed at Station #4. Upon research he found that the radiation emitted from the cell towers with that proximity could not be proven safe. He requested that the installation of the tower be held off as some of the FCC guidelines regarding exposure limits and where the towers are placed are changing. Matt Campbell of 120 Vintage Foxland Drive, Gallatin, TN addressed the Board requesting a Code of Conduct including consequences be added for City officials. He stated that alderman should be held to the same standards as citizens are held in the meetings as they represent the City and should be held to even higher standards. Jeff Sasse of 106 Villa Way, Hendersonville, TN addressed the Board regarding the proposed Budget adjustments, specifically the addition to the funds of supplemental paving. He requested that the additional funds be earmarked for paving of Center Point Road from Caldwell Drive to Hunt's Lane as it is in bad shape and heavily traveled. Mr. MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE3 Sasse is also compiling a petition to change the currently scheduled paving from the second half of this year to the first half of this year. Waters requested to receive the information Ryan Miller was speaking of in his address to the Board. Clary stated that could be done and that the COO would be addressing the topic in his report. CONSENT AGENDA The caption was read for second and final reading of Ordinance 2022-02, an ordinance amending Budget Ordinance 2021-22 and accepting a State of Tennessee Department of Transportation Tennessee Highway Safety Grant in the amount of $33,453.20 for the Hendersonville Police Department. The caption was read for second and final reading of Ordinance 2022-03, ordinance amending the Hendersonville Municipal Code, Title 7, Chapter 6, regarding explosives. Petrelli moved; Waters seconded to approve Ordinance 2022-02 and Ordinance 2022-03 on second and final reading on the Consent Agenda. There was no discussion. The motion passed unanimously with Edwards and Roberson absent. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read on first reading of Ordinance 2022-04 an ordinance amending the Hendersonville Municipal Code, Title 2, Chapter 3, American with Disabilities Board and Grievance Committee. Petrelli moved; Cunningham seconded to approve Ordinance 2022-04 on first reading. Petrelli thanked the Public Works Director and the ADA Coordinator and ADA Board for their work for the past year and a half. This legislation brings the City in line with the Federal mandate. The motion passed unanimously with Edwards and Roberson absent. Clary declared the motion carried. The caption of Ordinance 2022-05 was read on first reading, an ordinance amending Ordinance 2021-22 to reflect mid-year adjustments to the City's 2022 fiscal year budget. Clary moved; Cunningham seconded to approve Ordinance 2022-05 on first reading. MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE4 Discussion included Cunningham reading some quotes of accolades made by different Board members throughout the last year or two about the employees of the City and their exemplary work throughout Covid and beyond. Cunningham moved; Petrelli seconded an amendment to Ordinance 2022-05 to allocate $1,000.00 to all full-time employees (except for Fire and Police who have already received bonuses from the ARPA funds), currently active employees and employed the time of the second reading of Ordinance 2022-05 resulting in approximately $150,000.00 total. Discussion included that total was based on the most recent payroll, clarification that the General Fund would be used for this funding, Clary stated he would be benefitting from this bonus as well and he plans to donate his $1,000.00 to S'more Summer Reading Camp. Peterson asked how much the City was in debt. Director Manning responded, ''just north of $14 million". Further discussion revealed that after one more $300,000.00 payment, a $5 million debt instrument would roll off. Support for the amendment was voiced by Hayes who quoted Collins from times past stating that you need to invest in your people. The motion on the amendment to Ordinance 2022-05 passed unanimously with Edwards and Roberson absent. Clary declared the motion carried. Peterson made an amendment to Ordinance 2022-05 to apply the full $2.5 million toward the City's debt and eliminate the mid-year budget adjustment listing. With no proper second, the amendment failed. Discussion included this was the first time for a mid-year budget adjustment. Director Manning cautioned that the City would not be able to borrow money for operational purposes should the need arise. He stated he could do calculations to see how much interest would be saved and send to the Board. He pointed out that the unassigned fund balance for ending FY 2021 is $11 million as opposed to approximately $4.2 million in ending FY 2019 & FY 2020. Collins added that the reason for the mid-year review is things do change and to be realistic with spending the adjustments need to be made. Because of increased sales tax revenue, the City has more income that was not planned for. She stated it would be foolish to not use it, so the question is now how is it to be used? With the interest rate of 1.65% on the City's debt, she feels that retiring debt at that low of a percentage is not a financially sound decision. The original motion passed as amended unanimously on first reading with Edwards and Roberson absent. Clary declared the motion carried. MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGES The caption of Resolution 2022-05 was read, a resolution authorizing the mayor to execute an agreement extending the City's Lease with the United States Corps of Engineers for Twenty-five (25) additional years. Petrelli moved; Brown seconded to approve Resolution 2022-05. Discussion included the reason for extending the City's lease for another 25 years is there are four (4) to five (5) years left on the current lease and it makes it difficult for improvements to be made or buildings built ifwe don't know that we have a lease beyond those four (4) to five (5) years. It was explained that the $2,000.00 was being added for the processing fee for the lease agreement and the $22,000.00 showing on the mid-year budget listing for the Corps includes a previously budgeted amount of $20,000.00 for professional services covering the next four and a half (4 ½) years. The motion passed unanimously, with Edwards and Roberson absent. Clary declared the motion carried. The caption of Resolution 2022-06 was read on first reading, a resolution ratifying the Fee Schedule for Parks programs. Brown moved; Hayes seconded to approve Resolution 2022-06. The motion passed unanimously, with Edwards and Roberson absent. Clary declared the motion carried. The caption of Resolution of 2022-07 was read, a resolution to declare the "Hendersonville is Hiring 2022" event a City sponsored event and to exempt associated signage from the City's sign regulations (Subject to approval by the Board pursuant to Ordinance 2002-12). Clary moved; Hayes seconded to approve Resolution of 2022-07. Without objection, the rules were suspended to hear from Kathleen Hawkins, President of the Hendersonville Chamber of Commerce. Ms. Hawkins explained that the "Hendersonville is Hiring" campaign has been going on for a while, but the Chamber has received complaints from the businesses that they cannot properly advertise due to the signage restrictions of the City. Ms. Hawkins has been working with Director Free to partner together for the "Hendersonville is Hiring" campaign. The idea is to create an event in which businesses will go to the Chamber's website and sign up to participate in the event during March 1-31, 2022. The Chamber will provide those businesses with marketing materials to promote hiring at the places of business. The materials include a formatted, branded look. The resolution is to exempt these businesses from the signage requirements during the event from March 1-31, 2022. The goal is to invest in the businesses and give them the resources MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE6 they need to let people know they are hiring and to also advertise and help these businesses by promoting the event regionally by advertising in surrounding cities. Director Free explained a few years ago the City's Zoning Ordinance was changed to exempt the City from the sign regulations. If there was to be a City sponsored event, then there were certain exemptions. In addition, if there were partnered events, it is required to bring it before BOMA to do a resolution in order to have that partnership. This resolution would allow banners to be staked in the yard in front of the businesses as opposed to being attached to the building as the current regulations require. The yard signs will be the same, but the $25.00 permit fee is being waived for this event only. Under the current sign regulations businesses are allowed to have signage for 45 days. This event's signage would not count toward the 45 days. This resolution is not really exempting the signage for the event; it is within the sign ordinance that says partnerships can occur. Ms. Hawkins asked for the City's support in getting the word out to every business. They do not have to be a Chamber member to be able to participate in the event and get the complimentary items to help them promote their business. The motion passed unanimously, with Edwards and Roberson absent. Clary declared the motion carried. OTHER AGENDA ITEMS There was a unanimous vote on the appointment of Jane Reynolds to the Historic Zoning Commission with Edwards and Roberson absent. Clary declared the vote passed. Discussion: Committee Assignments Clary assigned new alderman Lori Phillips, with her agreement, to the Public Safety Committee as a participating member and as the BOMA liaison to the Municipal Board of Zoning Appeals citizen committee that reports to the Board. Clary moved; Waters seconded a motion that new alderman Lori Phillips serve on the Public Safety Committee and serve as the liaison to the Board of Zoning Appeals. The motion passed unanimously, with Edwards and Roberson absent. Clary declared the motion carried. REPORTS Brief Committee Reports: General-Brown- MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE7 1. Resolution 2022-07, a resolution to declare the "Hendersonville is Hiring 2022" event a City sponsored event and to exempt associated signage from-Voted to send to BOMA tonight. 2. Resolution 2022-08, a resolution of the City of Hendersonville, Tennessee approving an Economic Impact Plan for the Shute Lane development area-Unanimous vote-coming to BOMA in 2 weeks. 3. Resolution 2022-09, a resolution supporting the restoration of the historical State shared sales tax relationship and the increased single~article cap revenue-sharing relationship between the State of Tennessee and local governments-Unanimous vote. 4. Resolution 2022-10, a resolution amending the Job Classification List and Pay Table with respect to the Payroll Coordinator position and creating two new positions-Amended to move a Fire Admin and a Police Admin up one grade-Passed unanimously. 5. Resolution 2022-11, a resolution authorizing the mayor to execute a revised lease agreement regarding the Monthaven property-Voted to move to BOMA with the caveats that Mayor Clary meet with MACC and attorney John Bradley to get some questions answered and come before BOMA in two weeks. 6. Reestablishment of Beautiful Hendersonville-2 people are interested in serving. Six (6) nominations are needed, one from each ward and one from the mayor's office to fill 7 posts. Public Safety-Petrelli-No report. Planning-Peterson-Keith Free, Department Head- Approved the following Final Plat: 1. The Leland Irvin Property - Final Plat Approved the following Site Plans: 1. Durham, Phase 4, Section 35A (Villas)- Site Plan 2. Indian Lake Village, Phase 3G, Lot 46, Multi-Family - Site Plan 3. 121 & 123 Maple Row Blvd. - Site Plan Acknowledged the following: General Acceptance 1. Savannah, Phase 8, Section 1 Recognition (No Streets) Chief of Operations Report-Eckenroth- 1. Welcomed new alderman Lori Phillips. 2. Recognized Commander Janel Rogan and Chief Mickey Miller by reading a letter from the Tennessee Association of Chiefs of Police Board of Directors that the Professional Standards Committee in conjunction with the TN Law Enforcement Accreditation Program awarded a 2nd accreditation for a three (3)-year period that extends until 2025. 3. Shared information on how the decision to place the cell tower at Station #4 was determined. a. It had to be relocated from the Indian Lake Elementary property to the closest City-owned land as the lease with the school district was expiring and the 25 years were up. b. Crown Castle had not acquired an alternate site for the tower. c. In order to keep the same level of service it currently provides it must be placed MINUTES OF REGULAR MEETING FEBRUARY 8, 2022 PAGE8 close to where it was, approximately 700 feet away. d. Eckenroth asked Crown Castle if the tower was not put up will cell service suffer. The answer was yes. e. Batey Farm would not provide an adequate level of service. f. There was an RFP notice sent out and 2 responded, one being Crown Castle. g. There was a Public Hearing, and no concerns were heard. h. When item went to BOMA it was noticed as a Public Hearing even though it didn't have to be and no concerns were heard. That was the night that the mayor was authorized to enter into a lease agreement with Crown Castle, subject to the Board of Zoning Appeals approval which was another meeting in which no concerns were heard. 1. Planning Commission meeting resulted in no concerns heard. j. The concerns of the firefighters have not fallen on deaf ears. Options are being looked into with Crown Castle. j. Recently held a Q & A with Crown Castle at Station #2. k. There will be a Q & A with Professor of Physics Eric Swanson of the University of Pittsburgh Friday, February 11, 2022, via Zoom at Station #2 at 10:00 am. The meeting will last one (1) hour. It will also be recorded. There was a link sent to BOMA of Eric Swanson's credentials. Firefighters were requested to prepare questions. 4. Cunningham asked Eckenroth to explain why the paving of Center Point Road would not be done until July 2022 instead of June 2022. Eckenroth stated that there was a traffic signal installation happening as well as school would be in session. Having the paving project planned for July would be less impactful on the residents and those that travel that road. There is a three (3) year paving schedule. Center Point Road is one of the highest priority projects to pave. 5. Petrelli requested that documents on how the site for the cell tower was chosen be sent to BOMA. Eckenroth stated that if the property was too far away or the home owner(s) approached were not receptive, Crown Castle would not have looked at the property. 6. Peterson requested paving of past Rock Castle around to Island Drive and past the 4-way stop at East Drive be moved to the top of the list he would be appreciative. Mayoral Report-Included in packet. Upon motion and second and followed by a majority vote for approval with ten (10) voting, Hayes not voting and Edwards and Roberson absent, the meeting adjourned at 8:27 p.m.

Agenda

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN February 8th, 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 IV. Public Hearing V. Minutes A. Approval of the January 25th, 2022, meeting minutes 3-8 VI. Citizens Comments VII. Consent Agenda Edwards, 1. Second and final reading of Ordinance 2022-02, an ordinance amending Budget 9-33 and Petrelli Ordinance 2021-22 and accepting a State of Tennessee Department of Transportation Tennessee Highway Safety Grant in the amount of $33,453.20 for the Hendersonville Police Department Edwards, 2. Second and final reading of Ordinance 2022-03, an ordinance amending the 34-38 and Petrelli Hendersonville Municipal Code, Title 7, Chapter 6, regarding explosives VIII. Ordinances and Resolutions Petrelli 3. First reading of Ordinance 2022-04, an ordinance amending the Hendersonville 39-47 Municipal Code, Title 2, Chapter 3, American with Disabilities Board and Grievance Committee Clary 4. First reading of Ordinance 2022-05, an ordinance amending Ordinance 2021-22 to 48-53 reflect mid-year adjustments to the City’s 2022 fiscal year budget Clary, 5. Reading of Resolution 2022-05, a resolution authorizing the Mayor to execute an 54-104 Petrelli, agreement extending the City’s Lease with the United States Corps of Engineers and Brown for Twenty-five (25) additional years Brown, 6. Reading of Resolution 2022-06, a resolution ratifying the Fee Schedule for Parks 105-109 and Clary programs Clary 7. Reading of Resolution 2022-07, a resolution to declare the “Hendersonville is 110-116 Hiring 2022” event a City sponsored event and to exempt associated signage from the City’s sign regulations (Subject to approval by the Board pursuant to Ordinance 2002-12) 1 IX. Other Agenda Items 8. Vote on the appointment of Jane Reynolds to the Historic Zoning Commission 117 9. Discussion: Committee Assignments X. Reports 10. Brief Committee Reports: 1. General – Brown 2. Public Safety – Petrelli 3. Planning – Peterson 11. Chief of Operations Report 12. Mayoral Report (information included in packet) 118 XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda 2 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING January 25, 2022, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR PEG PETRELLI, VICE-MAYOR STEVE BROWN, ALDERMAN RACHEL COLLINS, ALDERMAN ARLENE CUNNINGHAM, ALDERMAN KAREN DIXON, ALDERMAN RUSS EDWARDS, ALDERMAN JONATHAN HAYES, ALDERMAN LEE PETERSON, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE The meeting was opened with prayer followed by The Pledge of Allegiance led by Mayor Clary. AGENDA The January 25, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Hayes to approve the January 11, 2022, agenda. There was a unanimous vote to approve the agenda with Edwards not yet present. Clary declared the motion carried. PRESENTATIONS Audit Presentation by Ken Youngstead from Kraft CPAs revealed the audit resulted in a clean, unmodified opinion. There were no new accounting policies adopted this year. The three (3) most notable estimates in the financial statements include the depreciation of long-lived assets, pension liability and post-employment benefits liability (retiree health benefits.). There is a new statistical section that completes the full report of the Annual Comprehensive Financial Report. The most positive notation is the increase in the unassigned fund balance (General Fund) from $4 million to $11 million. The total net position increase was $9.8 million. 3 PUBLIC HEARING None MINUTES Waters moved; seconded by Cunningham to approve the January 11, 2022, minutes. There was a unanimous vote to approve the minutes with all aldermen now present. Clary declared the motion carried. CITIZENS’ COMMENTS Dave Moomy of 971 Cherry Grove Drive addressed the Board with his support of Julie White for Ward 2 Alderman. Chris Rhatigan of 444 Sanders Ferry Road addressed the Board with his support of Lori Phillips for Ward 2 Alderman. Cheryl Sesler, 148 Riverchase Drive, addressed the Board with her support of Julie White for Ward 2 Alderman. ELECTION OF WARD 2 ALDERMAN The candidates for Ward 2 Alderman, Lori Phillips, and Julie White, were given the opportunity to address the Board prior to the vote to fill the unexpired term. The vote to fill the unexpired term for Ward 2 Alderman resulted in a tie of 6-6. In the case of a tie, the Mayor casts a second vote. The tie-breaking vote was cast making Lori Phillips the Ward 2 Alderman with a 7-6 vote. Voting was as follows: Phillips-Dixon, Peterson, Roberson, Skidmore, Waters, Clary (2 votes) White-Brown, Collins, Cunningham, Edwards, Hayes, Petrelli ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2021-53, an ordinance establishing a committee and adopting procedures and criteria for the naming of municipal structures. Edwards moved; Hayes seconded to approve Ordinance 2021-53. There was no discussion. The motion passed unanimously with Dixon now absent. 4 Clary declared the motion carried. The caption of Ordinance 2022-01 was read on first reading, an ordinance rezoning 6.10 acres of property located on the east side of Jenkins Court, north of Saundersville Road. Peterson moved; Cunningham seconded to approve Ordinance 2022-01. Discussion included the rezoning would allow for 12 additional homes to be built and to have access to sewer. Brown requested the electronic voting process be utilized. The motion passed by majority, 10-1, with Clary voting Nay and Dixon absent. Clary declared the motion carried. The caption of Resolution 2022-01 was read, a resolution to hold a public hearing on the proposed Plan of Services for property being annexed on the east side of Jenkins Court, north of Saundersville Road, as part of Forest Park. Peterson moved; Waters seconded to approve Resolution 2022-01. The motion passed unanimously, with Dixon absent. Clary declared the motion carried. The caption of Ordinance 2022-02 was read on first reading, an ordinance amending Budget Ordinance 2021-22 and accepting a State of Tennessee Department of Transportation Tennessee Highway Safety Grant in the amount of $33,453.20 for the Hendersonville Police Department. Petrelli moved; Edwards seconded to approve Ordinance 2022-02. Without objection, the rules were suspended to hear from Commander Larry Daniel. Discussion included verification there was another system for paying Police overtime if worked that wasn’t reliant upon the grant. The motion passed unanimously, with Dixon absent. Clary declared the motion carried. The caption of Ordinance 2022-03 was read on first reading, Ordinance 2022-03, an ordinance amending the Hendersonville Municipal Code, Title 7, Chapter 6, regarding explosives. Petrelli moved; Edwards seconded to approve Ordinance 2022-03. 5 Discussion included the changes were due to a State pre-emption as opposed to the City simply making a change to the existing ordinance by dropping the distance from 1000 feet to 300 feet. The motion passed unanimously, with Dixon absent. Clary declared the motion carried. The caption of Resolution 2022-03, a resolution discontinuing application to the Community Development Block Grant program until the City resolves to make future application. Clary moved; Roberson seconded to approve Resolution 2022-03. Discussion included the CDBG being restrictive on what the funds could be used for. With limited funds of $250,000.00 it is difficult to do big projects. The State has a competitive program that yields the possibility of getting more funding as larger projects could be submitted for approval and reimbursement. The City having to match funds might come into play through the state program. There are not as many strings with the state grant as opposed to the CDBG, but the funds still must be used for low to moderate housing projects. If the City continues to stay in the CDBG program, there is a requirement to do a study on affordable housing. Then there is an expectation to act on what the study finds. Petrelli called the question then removed as there was no one else in the cue to speak. The motion passed by majority, 10-1, with Peterson abstaining and Dixon absent. Clary declared the motion carried. The caption of Resolution 2022-04, a resolution to apply for a SAFER Grant for new firefighters for Fire Station #7. Petrelli moved; Edwards seconded to approve Resolution 2022-04. Discussion included the grant paying for the first three (3) years of firefighters hired through the grant. In year four (4) the cost of the proposed fifteen (15) hires using the grant would cost the City approximately $1.3 million. This was calculated using the higher amounts of pay per firefighter who may have several years of experience and/or certifications. Not all applicants will be at that level. At least twelve (12) people are needed to staff a fire station. There are currently 9-11 existing positions (employees) that could help staff Station 7. Clary moved; Waters seconded an amendment to Resolution 2022-04 to request nine (9) firefighters instead of fifteen (15). Nine (9) firefighter positions would come in around $781,000.00 for year four (4). 6 The addition of twelve (12) firefighter positions would result in $1.042 million for year four (4). It was clarified that if there were to be any COLA or raises given during the three (3) years of the grant, those would have to be figured into the cost of year four (4) as well. After further discussion, Clary and Waters agreed to change the amendment to request twelve (12) firefighters instead of (15) changing the last “Whereas” paragraph to read “twelve (12) new firefighter positions to properly staff the new Fire Station #7” and to change the last paragraph to read “apply for a 2022 Safer grant for twelve (12) new firefighter positions for the new Fire Station #7…” Discussion continued stating there is no maximum number of positions to request; just reasonable to fulfill the forecasted staffing needs. Five (5) years ago 19 firefighter positions were requested and filled and those are currently spread among the six (6) stations. There is potential for several firefighters to retire over the next 3 years. There are 111 firefighters in suppression and those levels must be maintained through the duration of the grant. There was an inquiry regarding a goal date for Fire Station #7 completion and if approved for the grant what happens if it is not completed. Roberson and Chief Bush commented it is ready to go out for bid at the end of February allowing 280 days for building. The amendment to the motion passed unanimously, with Dixon absent. Clary declared the motion carried. Petrelli moved; seconded by Brown to amend Resolution 2022-04 back to the original requested fifteen (15) firefighter positions. The vote failed 3-8 with the following voting: Aye: Brown, Collins, Petrelli Nay: Cunningham, Edwards, Hayes, Peterson, Roberson, Skidmore, Waters, Clary Absent: Dixon The motion for Resolution 2022-04 as amended passed unanimously with Dixon absent. Clary declared the motion carried. OTHER AGENDA ITEMS There was a unanimous vote on the reappointment of Jeremiah Bennett to the Parks Board with Dixon and Petrelli absent. Clary declared the vote carried. There was a majority vote on the appointment of Jill Rathert to the Parks Board 6-1-3 with the following voting: 7 Aye: Edwards, Peterson, Roberson, Skidmore, Waters, Clary Nay: Cunningham Absent: Dixon and Petrelli Clary declared the vote carried. Brief Committee Reports: Finance-Cunningham-Finance Committee met January 25, 2022. Ordinance 2022-02, an ordinance amending ordinance 2021-22 and accepting a Tennessee Highway Safety Office Grant was recommended unanimously, Ordinance 2022-05, an ordinance amending Ordinance 2021-22 to reflect mid-year adjustments to the City’s 2022 fiscal year budget was recommended unanimously, Audit Presentation by Kraft CPAs Sales Tax Analysis Report is at an all-time high for year over year. Projections are that after December numbers are in there will be a 115% increase year over year. Public Works-Skidmore-Light Synchronization Update-The environmental document has been approved. Only one more document needs approval which is the construction document. Capital Projects-Roberson-Staff gave an overview on each capital project’s status with the next step and estimated timeline. Old Shackle Island/Walton Ferry Project-Cost to the City has increased by $400,000.00. Cost increase is due to the railroad. Staff found enough in the budget to fund that. The completion date is 4 years. Chief of Operations Report-Eckenroth-Recapped the financial statements reflecting a $11.7 million fund balance as opposed to a $4 million balance last year. There will be enough to put some funds in reserve after the Comptrollers recommendations are met. There will be a vendor contracted to pick up the rest of the storm clean-up after issuing and RFP for Indian Lake and Walton Ferry Peninsula. The contracted vendor will only pick up in the designated tornado damaged area so our crews can get back to regular limb and debris pick up. Mayoral Report-Included in packet. Upon motion and second and followed by a majority vote for approval with eight (8) voting, the meeting adjourned at 8:40 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 8 ORDINANCE 2022-02 Sponsors: Edwards and Petrelli AN ORDINANCE AMENDING ORDINANCE 2021-22 AND ACCEPTING A TENNESSEE HIGHWAY SAFETY OFFICE GRANT WHEREAS, the City of Hendersonville (“the City”) has been awarded a Tennessee Highway Safety Office (THSO) Grant in the amount of $33,453.20; WHEREAS, the purpose of the grant is to fund a Speed Enforcement/DUI Enforcement and Traffic Safety Program; and WHEREAS, this Tennessee Highway Safety Office Grant requires no matching funds from the City: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that Ordinance 2021-22 is hereby amended so that THSO Grant funds in the amount of $33,453.20 are appropriated for funding Traffic Enforcement Overtime in the amount of $16,735.20 and the purchase of Equipment in the amount of $16,718.00 for the City’s police department in compliance with the grant document. The ordinance shall take effect at the earliest date allowed by law. First Reading: January 25th, 2022, Passed Second Reading: ________________ APPROVED: ___________________________________ JAMIE CLARY, Mayor ATTEST: ______________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ______________________________________ JOHN R. BRADLEY, City Attorney 9 LEGISLATIVE HISTORY Ordinance 2022-02 Sponsors: Edwards and Petrelli Committee: Public Safety Date of Committee Meeting: January 11th, 2022 Committee Recommendation: Yes Committee: Finance Date of Committee Meeting: January 25th, 2022 Committee Recommendation: Yes First BOMA Reading: January 25th, 2022 Vote: Aye: Brown, Collins, Cunningham, Edwards, Hayes, Peterson, Petrelli, Roberson, Skidmore, Waters, and Clary. Nay: None. Absent: Dixon. Motion carried. Second BOMA Reading: February 8th, 2022 10 DATE: February 8th, 2022 ORDINANCE/RESOLUTION # Resolution 2022-02 Request an Ordinance to accept non-matching THSO SPECIFIC REQUEST/ RECOMMENDATION: Grant Funds and appropriate same for Police expenditures STAFF REPORT REPORT PREPARED BY: Asst Chief James L. Jones BACKGROUND: 1 Annually, HPD applies to the Tennessee Highway Safety Office for grant funds to be utilized for overtime for additional and directed traffic enforcement and to purchase traffic enforcement equipment. DISCUSSION: 2 This year, HPD was awarded $16,375.20 for overtime salaries for officers performing directed speed reduction enforcement and aggressive driving enforcement, and $16, 718.00 for the purchase of four (4) K band moving radar units and four (4) LIDAR Laser radar units to be utilized in speed reduction enforcement. Total allotted funds for this grant equals $33, 453.20. Public Safety Committee unanimously approved Resolution 2022-02 on 1/11/2022 FISCAL IMPACT: 3 Acceptance of the grant increases revenue in the amount of $33,453.20 to the salary line and to the assets line to offset the cost of overtime and purchase of equipment. ADDITIONAL INFORMATION / PHOTOS: 4 N/A ATTACHMENTS: 5 • Grant Document 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Received 11/23/2021 28 ATTACHMENT ONE PAGE 1 GRANT BUDGET Agency Name: Hendersonville Police Department Project Title: Community-Based Traffic Safety Enforcement and Education The grant budget line-item amounts below shall be applicable only to expense incurred during the following Applicable Period: BEGIN: 10/01/2021 END: 09/30/2022 POLICY EXPENSE OBJECT LINE-ITEM CATEGORY 1 GRANT GRANTEE TOTAL 03 Object CONTRACT PARTICIPATION PROJECT Line-item Reference 1&2 Salaries, Benefits & Taxes $16,735.20 $0.00 $16,735.20 4, 15 Professional Fee, Grant & Award 2 $0.00 $0.00 $0.00 Supplies, Telephone, Postage & Shipping, 5, 6, 7, 8, 9, 10 Occupancy, Equipment Rental & Maintenance, $16,718.00 $0.00 $16,718.00 Printing & Publications 11, 12 Travel, Conferences & Meetings $0.00 $0.00 $0.00 13 Interest 2 $0.00 $0.00 $0.00 14 Insurance $0.00 $0.00 $0.00 16 Specific Assistance To Individuals $0.00 $0.00 $0.00 17 Depreciation 2 $0.00 $0.00 $0.00 18 Other Non-Personnel 2 $0.00 $0.00 $0.00 20 Capital Purchase 2 $0.00 $0.00 $0.00 22 Indirect Cost $0.00 $0.00 $0.00 24 In-Kind Expense $0.00 $0.00 $0.00 25 GRAND TOTAL $33,453.20 $0.00 $33,453.20 1. Each expense object line-item shall be defined by the Department of Finance and Administration Policy 03, Uniform Reporting Requirements and Cost Allocation Plans for Subrecipients of Federal and State Grant Monies, Appendix A. (posted on the Internet at: http://www.state.tn.us/finance/act/documents/policy3.pdf). 2. Applicable detail follows this page if line-item is funded. 29 ATTACHMENT ONE PAGE 2 GRANT BUDGET LINE-ITEM DETAIL: PROFESSIONAL FEE/ GRANT & AWARD AMOUNT TOTAL $0.00 GRANT BUDGET LINE-ITEM DETAIL: OTHER NON-PERSONNEL AMOUNT $0.00 TOTAL $0.00 GRANT BUDGET LINE-ITEM DETAIL: CAPITAL PURCHASE AMOUNT Equipment ($5,000 or more) $0.00 TOTAL $0.00 30 31 32 33 ORDINANCE 2022-03 Sponsors: Edwards and Petrelli AN ORDINANCE AMENDING THE HENDERSONVILLE MUNICIPAL CODE, TITLE 7, CHAPTER 6, REGARDING EXPLOSIVES NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that Section 7-602 of the Hendersonville Municipal Code, is hereby amended to read as follows: “7-602. Pre-blast survey required. Prior to any blasting operation, the site will be inspected by the Hendersonville Fire Marshall (or his or her designee), and a pre-blast survey will be required of the blasting contractor for all structures with three hundred (300) feet of the area where blasting is to be conducted.” THIS ORDINANCE SHALL TAKE EFFECT AT THE EARLIEST DATE ALLOWED BY LAW. First Reading: January 25th, 2022, Passed Second Reading: _________________ APPROVED: ______________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 34 LEGISLATIVE HISTORY Ordinance 2022-03 Sponsors: Edwards and Petrelli Committee: Public Safety Date of Committee Meeting: January 11th, 2022 Committee Recommendation: Yes First BOMA Reading: January 25th, 2022 Vote: Aye: Brown, Collins, Cunningham, Edwards, Hayes, Peterson, Petrelli, Roberson, Skidmore, Waters, and Clary. Nay: None. Absent: Dixon. Motion carried. Second BOMA Reading: February 8th, 2022 35 DATE: February 8th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-03 To amend the city’s municipal code to align with the State SPECIFIC REQUEST/ RECOMMENDATION: of Tennessee, TCA 68-105-110, governing pre-blast survey limitations. STAFF REPORT REPORT PREPARED BY: Scotty Bush, Fire Chief BACKGROUND: 1 The City of Hendersonville created Ordinance 1998-36 and within this ordinance Section 7-602 states that prior to any blasting operation the Fire Marshal (or his designee) will require a pre-blast survey of 1,000 feet. Ordinance 1998-36 was developed in 1998, however the TCA was revised in 2010. The 2010 revision amended pre-blast survey boundary from 1,000 feet to 300 feet. DISCUSSION: 2 To align with TCA 68-105-110 the city must amend the municipal code to reflect the 2010 update. If the city follows the required pre-blast survey area of 300 feet, it will reduce the opportunity for any blasting company to file a complaint against the city for not following TCA-68-105-110. The Tennessee State Fire Marshal’s office is the Authority Having Jurisdiction (AHJ) when it comes to blasting complaints, laws, and regulations. The AHJ has called the city directly and asked for the city to comply with TCA-68-105-110, as amended in 2010. The Public Safety Committee unanimously approved Ordinance 2022-03 on 1/11/2022 FISCAL IMPACT: 3 This will have no fiscal impact to the city. ADDITIONAL INFORMATION / PHOTOS: 4 None ATTACHMENTS: 5 Attached is TCA-68-105-110 36 37 38 ORDINANCE 2022-04 Sponsor: Petrelli AN ORDINANCE AMENDING THE HENDERSONVILLE MUNICIPAL CODE, TITLE 2, CHAPTER 3, AMERICANS WITH DISABILITIES BOARD AND GRIEVANCE COMMITTEE NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the Hendersonville Municipal Code, Title 2, Chapter 3, is amended as follows: SECTION I: Americans with Disabilities (ADA) Board- Creation (1) There is hereby created and established the ADA Board. This board shall consist of five (5) members who shall be residents of the City of Hendersonville at the time of their appointment. This board may review and advise the City of its transition plans compliance with facility specifications outlined in the American with Disabilities Act. Proceedings of the ADA Board should be recorded and maintained by the ADA/504 Coordinator. The ADA Board follows the City of Hendersonville’s non-discrimination statement and will advise the City of any potential problem areas that may inhibit individuals with a disability from enjoying City sponsored activities. To be protected under the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having an impairment. (2) The Grievance Committee will function as a committee subordinate to the ADA Board. The Grievance Committee will hear grievances brought to the attention of the ADA Board. The City Attorney shall be the legal advisor to the Grievance Committee. (3) Of the five (5) ADA Board members appointed, at least one member shall be disabled, at least one member should be a licensed healthcare provider, and at least one member should be experienced in construction. (4) The Grievance Committee will consist of three (3) members appointed by the Mayor and approved by the Board of Mayor and Aldermen. One will be the chairperson of the ADA Board. Members of the Grievance Committee shall be residents of the City of Hendersonville at the time of their appointments. Of the three members appointed, two (2) shall 39 be disabled and not members of the ADA Board. Each member of the Grievance Committee shall be appointed for a term of three (3) years and shall serve until his or her successor is appointed. (5) Members of the ADA Board shall be appointed by the Mayor and approved by the Board of Mayor and Aldermen. Appointments shall be made on a city-wide basis. A staff advisor will be appointed by the Mayor. This staff advisor shall serve as the Americans with Disabilities Act/504 Coordinator for the City. (6) Each member shall be appointed for a term of three (3) years and shall serve until his or her successor is appointed. (7) The members of the ADA Board shall within thirty (30) days after three of its members have been appointed and confirmed by the Board of Mayor and Aldermen, organize itself by the election of one of its members as Chairperson, another of its members as Vice- Chairperson, and another as the Secretary. (8) The Alderman serving as liaison to the City’s Board of Adjustments and Appeals shall also serve as the liaison representative of the Board of Mayor and Aldermen to the City’s ADA Board. It shall be incumbent upon the membership of this board and the Grievance Committee to become familiar with Title II of the Americans with Disabilities Act by attending annual training provided by the City. SECTION II: Powers (1) The ADA Board shall make recommendations to the Board of Mayor and Aldermen on how they will establish rules or bylaws for hearing the complaints regarding access to city facilities, services, activities, and functions in the community. SECTION III: Complaints (1) If a complaint is filed alleging discrimination on the basis of a disability in the provision of services, activities, programs, or benefits by the City of Hendersonville, it must be submitted by the grievant and/or his/her designee as soon as possible but no later than sixty (60) days after the alleged violation to the ADA/504 Coordinator. (2) Within fifteen (15) calendar days after receipt of the complaint, the ADA/504 Coordinator will meet with the complainant to discuss the complaint and the possible resolutions. 40 (3) Within fifteen (15) calendar days of the meeting, the ADA/504 Coordinator will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint. (4) If the response by the ADA/504 Coordinator does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision, in writing, within fifteen (15) calendar days after receipt of the response to the ADA Board. (5) Upon notification and receipt of an appeal, the Chairman of the ADA Board shall establish a meeting of the Grievance Committee. This meeting shall be held no later than thirty (30) days after a complaint is received. No complaint shall be heard by the Grievance Committee unless such complaint has been submitted in writing to the ADA Coordinator for resolution. At the discretion of the ADA Coordinator in coordination with the Chief Operating Officer the process can be elevated if needed and the complaint can be sent directly to the general committee for a recommendation. (6) The Grievance Committee should be directed to hear such complaints in public after adequate public notice. (7) The Grievance Committee shall render its finding(s) and recommendation(s) to the ADA Board within fifteen (15) calendar days of its meeting. Written notification (or in a format accessible to the complainant) shall be sent to the grievant and the Chief Operating Officer within seven (7) days. (8) If the response by the Grievance Committee does not satisfactorily resolve the issue, the complaint shall be submitted to the General Committee within fifteen (15) calendar days. Upon receipt of such appeal, the General Committee shall hear the complaint at their next scheduled public meeting prior to being submitted to the Board of Mayor and Aldermen. (9) The decision of the Board of Mayor and Alderman shall be the final decision at the municipal level. Written notification (or in a format accessible to the complainant) shall be sent to the grievant within seven (7) days. All written complaints received by the ADA/504 Coordinator, appeals received by the Chief Operating Officer, and responses received from these two offices will be retained by the City of Hendersonville for three (3) years. SECTION IV: Conflict with Other Ordinances: (1) In case of conflict between this ordinance and any existing ordinance of the City, the 41 previous ordinance is repealed to the extent of the inconsistency. SECTION V: Severability: (1) If a section, clause, provision, or portion of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this Ordinance which is not of itself invalid or unconstitutional. This Ordinance shall take effect on the earliest date allowed by law, the public welfare requiring it. First Reading: Second Reading: APPROVED: JAMIE CLARY, Mayor ATTEST: ROBERT MANNING, City Recorder APPROVED AS TO FORM AND LEGALITY: JOHN R. BRADLEY, City Attorney 42 LEGISLATIVE HISTORY Ordinance 2022-04 Sponsor: Petrelli Committee: Public Works Date of Committee Meeting: January 25th, 2022 Committee Recommendation: Yes First BOMA Reading: February 8th, 2022 43 DATE: February 8th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-04 That the Board of Mayor and Aldermen consider replacing SPECIFIC REQUEST/ the current Americans with Disabilities Board and RECOMMENDATION: Grievance Committee Ordinance with the revised STAFF ordinance. REPORT REPORT PREPARED BY: Sarah Lock – Public Works Director BACKGROUND: 1 The ADA Self-Assessment and Transition Plan project identified revisions needed to bring the current ordinance into compliance with the Americans with Disabilities Act, to reflect the current City of Hendersonville organization and to clarify the grievance procedure. The revised ordinance addresses those recommendations. DISCUSSION: 2 The ADA Self-Assessment and Transition Plan identified revisions needed to bring the current ordinance into compliance with the Americans with Disabilities Act, to reflect the current City of Hendersonville organization and to clarify the grievance procedure. The revised ordinance addresses those recommendations and provides clear timelines for the various steps of the process. FISCAL IMPACT: 3 N/A ADDITIONAL INFORMATION / PHOTOS: 4 N/A ATTACHMENTS: 5 44 Summary of ADA Ordinance Changes 45 SUMMARY OF ADA ORDINANCE CHANGES SECTION I: CREATION - Proceedings of the ADA Board should be updated and maintained by the ADA/504 Coordinator - Included ‘504’ to title of the ADA Coordinator to represent Section 504 of the Rehabilitation Act as recommended - Included the language that the ADA Board follows the City of Hendersonville’s non- discrimination statement - Included the definition of disability as recommended in the Transition Plan - Included a term limit of three years to the Grievance Committee members SECTION II: POWERS Changes made to powers were included in the appeals process below. SECTION III: COMPLAINTS - Revised this section to require complaints to be submitted in writing to the ADA/504 Coordinator (Ordinance 1995-1 requirement was the Mayor) - Included that complaint must be submitted as soon as possible but no later than 60 days of the alleged violation - Included that the ADA Coordinator will meet with the complainant to discuss the complaint and possible resolution - Revised section to state that the ADA/504 Coordinator will respond in a format accessible to the complainant - Revised section to state if complainant is not satisfied with the response of the ADA Coordinator the complainant can appeal the decision in writing within 15 days (before the ordinance required 14 days; updated to reflect recommendation) - Updated the language of the ordinance to state the following: “At the discretion of the ADA Coordinator in coordination with the Chief Operating Officer the process can be elevated if needed and the complaint can be sent directly to the General Committee for a recommendation”. 46 The previous ordinance did not mention the Chief Operation Officer or the option to elevate the process if needed. - Updated the timeframe that the Grievance Committee has to render its findings from 14 calendar days to 15 calendar days - If the response by the Grievance Committee does not satisfactorily resolve the issue, the complaint shall be submitted to the General Committee within fifteen (15) calendar days (1995-1 advised complaint would be submitted to the Board of Mayor and Alderman within 14 calendar days) Upon receipt of such appeal, the General Committee shall hear the complaint at their next scheduled public meeting prior to being submitted to the Board of Mayor and Alderman. - All written complaints received by the ADA/504 Coordinator, appeals received by the Chief Operating Officer, and responses received from these two offices will be retained by the City of Hendersonville for three (3) years. ( This statement was not included in 1995-1 but was recommended to show how our documentation is retained) 47 ORDINANCE 2022-05 Sponsor: Clary AN ORDINANCE AMENDING ORDINANCE 2021-22 TO REFLECT MID-YEAR ADJUSTMENTS TO THE CITY’S 2022 FISCAL YEAR BUDGET WHEREAS, on June 22, 2021, the City’s governing body passed Ordinance 2021-22 (the “budget ordinance”) adopting the City’s operating budget for Fiscal Year 2022; and WHEREAS, the budget ordinance was based on projected revenues and anticipated expenditures for Fiscal Year 2022; and WHEREAS, there have been numerous adjustments made during the course of the year, and the City desires to amend the budget ordinance mid-year to reflect these adjustments: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City’s Fiscal Year 2022 budget ordinance, Ordinance 2021-22, is hereby amended in accordance with the mid-year budget adjustments set forth in the attached Exhibit A. This ordinance shall take effect on the earliest date allowed by law. First Reading: Second Reading: APPROVED: JAMIE CLARY, Mayor ATTEST: ROBERT MANNING, City Recorder APPROVED AS TO FORM: JOHN R. BRADLEY, City Attorney 48 LEGISLATIVE HISTORY Ordinance 2022-05 Sponsor: Clary Committee: Finance Date of Committee Meeting: January 25th, 2022 Committee Recommendation: Yes First BOMA Reading: February 8th, 2022 49 EXHIBIT A FISCAL YEAR 2022 - GENERAL FUND Department Account Name Original Budget Requested Amendment Adjusted Budget Justification Fire Assets Over $7,000 $76,000 $648,444 $724,444 Replace air packs for the Fire Department and Cascade System(10 year life span/cost increase) Fire Maintenance - Equipment $25,000 $19,320 $44,320 Parts to repair or replace on all new air packs (old parts are not compatable) future maintenance Fire Computer Fees $36,000 $2,550 $38,550 Purchase new Pre-plan software (help with ISO) 6 month fee….next years fee will be for a full year $5,100 Fire Maintenance - Building $55,000 $50,000 $105,000 Complete the driveway at Station 3 with concrete Finance Salaries - F.T. - Regular $744,904 ($20,000) $724,904 Transfer of Funds to 'Below The Line' for 3rd party assistance filling in for vacant positions Finance Professional Services $6,500 $20,000 $26,500 Transfer of Funds to 'Below The Line' for 3rd party assistance filling in for vacant positions Public Works Professional Services $125,000 $250,000 $375,000 Additional services for City Engineering and Traffic Engineering Consulting & Tornado debris cleanup contracts Public Works Maintenance - Guardrails $20,000 $20,000 $40,000 Extensive guardrail along Sanders Ferry requires replacement Public Works Animal Carcass Disposal $30,000 $18,000 $48,000 Higher than anticipated animal carcasses required disposal Public Works Supplemental Paving $2,285,000 $515,000 $2,800,000 Various street locations as identified by the paving list Capital Projects FY19 PW INDIAN LAKE ROAD TIP PROJECT $239,920 ($239,920) $0 Project not initiated - Unobligated Capital Projects PW-FY22 DRAKES CRK/NEW SHACKLE $402,500 ($100,000) $302,500 Use a portion of these unobligated funds for Walton Ferry Old Shackle Capital Projects FY18 - WALTON FERRY/OLD SHACKLE ROAD $1,125,000 $320,000 $1,445,000 Increased RR Coordination & Construction Costs Capital Projects ADA Walking Path - Horse Barn $0 $100,000 $100,000 ADA Compliant walking path to be in compliance with TDEC regulations for LPRF grants that require that lands used for value for matching funds must be accesible to the public. Capital Projects Forest Retreat Traffic Improvements $0 $150,000 $150,000 Traffic signalization and roadway improvements at Forest Retreat Road, west of New Shackle Disposal Brush Disposal/Grinding $100,000 $150,000 $250,000 Additional services for tornado debris Parks Disc Golf / Skate Park Project $0 $12,098 $12,098 Facility upgrades, funded with donations from Hometown Jam Alcohol Sales, TSSAA Cross Country and Disc Golf Tournament and from anticipated surplus lodging tax funds Parks Mary's Magical Place Maintenance Fund $3,437 $9,185 $12,622 Donations from BBQ Festival, Festival of Lights, Putting for a Purpose, Trick or Treat, Fit4Mom that have previously been deposited into city's general fund Parks Parks Master Plan $6,100 ($6,100) $0 Close out of Project Account; Transfer funds to Pickleball Project Account Parks Pickleball Project $0 $19,500 $19,500 Create project account for upcoming Pickelball project; establish funds for planning and design of project Parks Dues and Subscriptions $10,000 $2,499 $12,499 Purchased Subscription to Maintenance Work Order Online tracking system Parks Education $10,000 ($5,000) $5,000 Due to Covid and staff not being able to take time to put towards degrees move these funds to Assets $1000 - $7000 Parks Inmate Expenses $13,500 ($13,500) $0 Due to Covid concerns it does not appear we will get inmates back this year at all at this point. Move these funds to Maintenance of Parks Parks Maintenance of Vehicles $25,000 $7,000 $32,000 Had to replace truck bed and engine in Truck inherited from Public Works Increase in applications and maintenance of soccer complex, Field renovation project with Beech HS Softball, unexpected tree damages Drakes Creek and Saunders Ferry, unexpected Parks Maintenance of Parks $165,000 $30,000 $195,000 water leaks and irrigation breaks at Drakes Creek Park Parks Professional Services $20,000 $2,000 $22,000 Corps of Engineers Lease renewal administration fee Parks Insurance Expense $0 $10,200 $10,200 Adjustment for payment of claims Had to replace surface in office, service locater in park, tire chager at maintenance , purchased security cameras after multiple vandalisms, had to replace parks small speakers and Parks Assets $1000-$7000 $0 $19,500 $19,500 microphone, must purchase metal trash cans and benches for hockey complex, reimbursement from PEP Grant for Security Cameras (Orginal budget for FY22 was $0.00 for this line item - all items purchased were either to replace broken equipment or for security of Parks Purchase of Toro Reelmaster 3575-D mower for soccer complex, $85,000 less $20,000 previously budgeted. *Option on Reel Mower to do Lease-Purchase for $25,000/year for three Parks Assets Over $7,000 $98,000 $85,000 $183,000 years Also included is a $20,000 purchase and installation of safety netting system for In-Line Hockey Rinks. Total General Fund Expense Amendments $2,075,776 FISCAL YEAR 2022 - GENERAL FUND REVENUE ADJUSTMENTS Department Account Name Original Budget Requested Amendment Adjusted Budget Justification Additional revenues can be used for: tourism and special events purposes, including staff overtime for Fire, Parks and Police overtime; $19,500 to PIckleball Project; $17,000 for REVENUE Lodging Tax $200,000 $140,000 $340,000 purchase of metal trash receptacles and benches for in-line hockey facility and $10,000 to cover upgrades to Skate Park. REVENUE FY19 PW INDIAN LAKE ROAD TIP PROJECT $191,936 ($191,936) $0 Revenue associated with reduction in expense. REVENUE Beer & Liquor $2,000,000 $2,805 $2,002,805 Mid-year projected collections. REVENUE Business Tax $1,300,000 $100,000 $1,400,000 Mid-year projected collections. REVENUE Contributions & Donations $120,768 ($30,683) $90,085 Mid-year projected collections. REVENUE County Revenue $45,000 $5,370 $50,370 Mid-year projected collections. REVENUE Fines and Fees $654,200 $16,019 $670,219 Mid-year projected collections. REVENUE Licenses & Permits $3,025,500 $509,956 $3,535,456 Mid-year projected collections. REVENUE Other $92,100 $163,748 $255,848 Mid-year projected collections. REVENUE Property Tax $20,786,000 $72,945 $20,858,945 Mid-year projected collections. REVENUE Sales Taxes - Local $15,250,000 $1,664,232 $16,914,232 Mid-year projected collections. REVENUE State Shared Revenue $6,107,400 $94,696 $6,202,096 Mid-year projected collections. Total General Fund Revenue Amendments $2,547,153 50 FISCAL YEAR 2022 - STATE STREET AID EXPENSE ADJUSTMENTS Department Account Name Original Budget Requested Amendment Adjusted Budget Justification New detection equipment for Saundersville Road @ Indian Lake Blvd, new RRFB (Rectangular Rapid Flashing Beacon) equipment for 2 crossing locations (Indian Lake Blvd @ Saratoga, State Street Aid MAINTENANCE - STREET & TRAFFIC $60,000 $40,000 $100,000 new Saundersville crossing to library) State Street Aid SALARIES - OVERTIME $0 $6,000 $6,000 Overtime for tornado clean up Total State Street Aid Expense Amendments $46,000 FISCAL YEAR 2022 - STORMWATER EXPENSE ADJUSTMENTS Department Account Name Original Budget Requested Amendment Adjusted Budget Justification Stormwater INSURANCE - PROPERTY/LIABLITY/ $0 $30,000 $30,000 Insurance for City facilities requiring flood insurance Stormwater FY19 PW INDIAN LAKE ROAD TIP PROJECT $59,980 ($59,980) $0 Project not initiated - Unobligated Stormwater FY18 - WALTON FERRY/OLD SHACKLE ROAD $375,000 $80,000 $455,000 Increased RR Coordination & Construction Costs Total Stormwater Expense Amendments $50,020 51 DATE: February 8th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-05 That the Board of Mayor and Alderman consider SPECIFIC REQUEST/ Ordinance 2022-05, a mid-year budget review ordinance, RECOMMENDATION: amending the Fiscal Year 2021/2022 Budget for the City of STAFF Hendersonville. REPORT Jamie Clary-Mayor, Robert Manning-Finance Director, REPORT PREPARED BY: Jesse Eckenroth-COO BACKGROUND: 1 On an annual basis the city appropriates funds to facilitate the orderly operations of local government services. The city’s budget year, or fiscal year, begins July 1st and ends June 30th. The budget is segregated between multiple funds, the General Fund being the primary fund used for the city’s operations. The General Fund is divided amongst the different departments and functions of the city. Each department within the General Fund in segregated into three groups of expenses: salaries/benefits, assets, and operations. The expense groups have itemized expense accounts within the group that serve as guide, but the budget is ultimately constrained by the total group budget and not by the individual account line items. The mid-year budget review serves as a time to review and revise the budget based on actual and projected activity. DISCUSSION: 2 Fiscal Year 2021-2022 continues to yield revenue growth. The budgeted revenue numbers have been revised on six months of actual revenues and updated projections for the remaining six months. The revenue projections for the General Fund budget are conservatively projected to increase by $2,547,153. The revenue growth is primarily driven by a projected increase of 1.66 million in Sales Tax Revenue. Additional General Fund expenses being proposed with the mid-year review: • Increased paving efforts • Capital project prioritization • Increased park maintenance efforts • Increased outsourcing services to backfill staffing gaps, and • Replacement of end-of-life fire equipment FISCAL IMPACT: 3 The additional General Fund revenues being proposed amount to $2,547,153 and the expenditures being proposed with the mid-year review total to $2,075,776. The difference between $2,547,153 in revenue and $2,075,776 in expenditures leaves the city with an additional surplus of $471,377. Special Revenue Funds have minor amendments and are included in the attached list of budget adjustments. 52 ADDITIONAL INFORMATION / PHOTOS: 4 The mid-year budget review was performed with a fiscally conservative approach. Actual revenues should be higher than projected, and expenses are expected to be under the budgeted forecast. A conservative approach keeps the city from financially overextending itself yet still allows for increases in paving, maintenance, and fire equipment. ATTACHMENTS: 5 Exhibit “A” is attached to Ordinance 2022-05 and itemizes every proposed budget amendment. 53 RESOLUTION 2022-05 Sponsors: Clary, Petrelli, and Brown A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT EXTENDING THE CITY’S LEASE WITH THE UNITED STATES CORPS OF ENGINEERS FOR TWENTY-FIVE (25) ADDITIONAL YEARS WHEREAS, on April 19, 1976, the City of Hendersonville (“the City”) entered into the attached lease agreement with the United States Army Corps of Engineers (“the Corps”) to lease certain Corps property for recreational use by the City; and WHEREAS, since the original lease agreement was executed, there have been five (5) amendments to the lease, copies of which are attached; and WHEREAS, the City desires to extend the original lease agreement, as amended, by extending its duration for an additional twenty-five (25) years: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the mayor is hereby authorized to execute an agreement to extend the City’s lease of Corps property for an additional twenty-five (25) years. This resolution shall take effect upon passage. Adopted this _____ day of _________, 2022. APPROVED: ______________________________ JAMIE CLARY, Mayor ATTEST: _______________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ________________________________ JOHN R. BRADLEY, City Attorney 54 LEGISLATIVE HISTORY Resolution 2022-05 Sponsors: Clary, Petrelli, and Brown Committee: Public Works Date of Committee Meeting: January 25th, 2022 Committee Recommendation: Yes First BOMA Reading: February 8th, 2022 55 DATE: 02/08/2022 ORDINANCE/RESOLUTION # Resolution 2022-05 That the Board of Mayor and Aldermen consider SPECIFIC REQUEST/ authorizing the Mayor to enter into a renewed 25 year RECOMMENDATION: lease agreement with the Corps of Engineers for STAFF Hendersonville Parks Properties REPORT REPORT PREPARED BY: Andy Gilley – Parks Director BACKGROUND: 1 The current 50-year lease that the city has with the Corps of Engineers for Park Properties is set to expire in 2026. Grants at the state and federal level for projects on properties that we lease from the Corps must show that we have at least a five year agreement in place. Current Corps regulations adopted in 1994 allow for a renewal period of 25 years. Original lease agreement was signed by the city in 1976 and through the years additional properties and areas have been added to the lease. Our current lease includes: Memorial Park (To include all Park Properties including boat docks, Friendship Bridge and Island) Drakes Creek Park North Mallard Point Park (To include all Boat Docks) Saunders Ferry Park (To include all Boat Docks) DISCUSSION: 2 Renewal of our lease agreement with the Corps must be completed through the real estate office at the Corps of Engineers. Prior to their review the city must pay a $2000 administration fee. Staff felt it best that with this being such a long-term lease and with the importance of these properties to not only our Parks System but our city that we have in place a resolution approved by BOMA authorizing the mayor to enter into this new agreement prior to proceeding. The Corps is ready to complete this review and proceed once our payment is secured. FISCAL IMPACT: 3 Lease renewal administration fee with the Corps of Engineers is $2000. Parks will be submitting during the mid-year budget review a request for these funds to be added to the Professional Services line item in our operation budget as this was not an expense budgeted for leading up to FY 22. ADDITIONAL INFORMATION / PHOTOS: 4 56 ATTACHMENTS: 5 GIS Maps showing Parks Properties from Planning Department: Memorial Park (Formerly Drakes Creek Park South) Drakes Creek North Mallard Point Park Saunders Ferry Park 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 RESOLUTION 2022-06 Sponsors: Brown and Clary A RESOLUTION RATIFYING THE FEE SCHEDULE FOR PARKS PROGRAMS WHEREAS, H.M.C. Section 2-202(4) gives the Board of Parks and Recreation (the "Parks Board") the authority to establish the fees and charges, if any; WHEREAS, the Department of Parks and Recreation has developed certain fee schedules for Parks Programs and Activities; WHEREAS, the Parks Department Staff recommends that the Fees Charged for Park Programs include the same discount to City of Hendersonville Employees and First Responders; a discount of %25 percent for all Parks Programs, Free Shelter Rentals and %50 discount for Shelter #8 at Sanders Ferry Park; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that The Recommended Parks Department Fees and Discount Recommendations be put into place effective April 1, 2022 Adopted this _____ day of _________, 2022. APPROVED: ______________________________ JAMIE CLARY, Mayor ATTEST: _______________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ________________________________ JOHN R. BRADLEY, City Attorney 105 LEGISLATIVE HISTORY Resolution 2022-06 Sponsors: Brown and Clary Committee: Public Works Date of Committee Meeting: January 25th, 2022 Committee Recommendation: Yes First BOMA Reading: February 8th, 2022 106 DATE: February 8th, 2022 ORDINANCE/RESOLUTION # Resolution 2022-06 SPECIFIC REQUEST/ That the Board of Mayor and Alderman consider approval RECOMMENDATION: of the updated Parks Fees for Park Programs and Leagues STAFF REPORT REPORT PREPARED BY: Andy Gilley – Parks Director BACKGROUND: 1 Staff is making the recommendations to update our Fee schedule to account for increases in the costs to run programs for uniforms, equipment, officials, etc. Also, these updates reflect the recently voted on resident and non-resident fee increases. Staff also recommends, along with Mayor Clary, that Veterans and First Responders receive the same discount for Parks run programs and league that city employees do. This falls in line with the approved discount for the shelter rentals that Veterans and First Responders receive. Staff also recommends waiving the non-resident fee for Special Abilities Programs: Basketball, Softball/Baseball and Kickball. Non-resident fee will remain in place for the Kids Club Summer Camp for Special Abilities. DISCUSSION: 2 o All fees for Parks run programs are on the fee schedule in the packet o Parks Board recommends approval from January 24 meeting FISCAL IMPACT: 3 Increased fees will go into the city’s General Fund under revenue for Recreation – Athletics. ADDITIONAL INFORMATION / PHOTOS: 4 N/A 107 ATTACHMENTS: 5 • Fee Schedule for Parks Programs 108 Program Individual Price Non-Resident Fee Spring Babe Ruth Youth Baseball (Individual) $145.00 $20.00 Summer T-Ball $100.00 $20.00 Summer Quickball $100.00 $20.00 Fall Quickball $100.00 $20.00 Fall 6U Baseball $110.00 $20.00 Fall 8U - 12U Baseball $120.00 $20.00 High School Basketball (individual) $115.00 $20.00 Spring Tennis - 6-8 year olds (last offered 2019) $80.00 $20.00 Spring Tennis - 9-12 year olds (last offered 2019) $80.00 $20.00 Summer Tennis - 4-5 year olds $110.00 $20.00 Summer Tennis - 6-14 year olds $135.00 $20.00 Summer Advanced Middle School Tennis $135.00 $20.00 Summer Advanced High School Tennis $160.00 $20.00 Fall Tennis - 6-8 year olds $90.00 $20.00 Fall Tennis - 9-14 year olds $90.00 $20.00 Pre-School Track Meet $25.00 $0.00 RAPTORS Basketball $35.00 $0.00 RAPTORS Softball $35.00 $0.00 RAPTORS Kickball $35.00 $0.00 Kids Club Summer Camp $350.00 $20.00 Program Team Price Non-Resident Fee Winter Adult Open Basketball $600.00 $0.00 Winter High School Open Basketball $700.00 $0.00 Summer Adult Open Basketball $450.00 $0.00 Summer High School Open Basketball $700.00 $0.00 Spring Adult Softball (Men's Open, Coed Rec) $725.00 $0.00 Fall Adult Kickball $350.00 $0.00 Winter Adult Coed Indoor Volleyball $350.00 $0.00 Adult Dodgeball $250.00 $0.00 Rocket League E-Sports $25.00 $0.00 Adult Open Ultimate Frisbee $250.00 $0.00 Coed Sand Volleyball $250.00 $0.00 Cornhole League $100.00 $0.00 Indoor Golf $200.00 $0.00 109 RESOLUTION 2022-07 Sponsor: Clary A RESOLUTION TO DECLARE THE “HENDERSONVILLE IS HIRING 2022” EVENT A CITY SPONSORED EVENT AND TO EXEMPT ASSOCIATED SIGNAGE FROM THE CITY’S SIGN REGULATIONS WHEREAS, an application has been made by the City of Hendersonville to declare the “Hendersonville is Hiring 2022” event a City sponsored event and to exempt associated event signage from the temporary sign permit requirements regulated by Chapter 13.3.2.10A and 13.3.2.10B of the Hendersonville Zoning Ordinance; WHEREAS, this is a coordinated effort between the City of Hendersonville and the Hendersonville Chamber of Commerce that encourages businesses’ attempts to advertise open positions and to hire new employees; WHEREAS, renderings of event signage and the locations of where the event signage is to be placed will be organized by the Hendersonville Chamber of Commerce; WHEREAS, the event signage shall the following guidelines: Signage content shall be directly related to advertising open employment positions. One temporary ground sign per business shall be permitted in non-residential zones. Such signs shall not exceed twelve (12) square feet in size and six (6) feet in height. Such signs may remain in place from March 1, 2022, to March 31, 2022. One temporary banner per business shall be permitted in non-residential zones. Such signs shall not exceed forty (40) square feet in size and shall be securely attached flat against the wall of the building or shall be securely attached to poles or other means of support. Such banners may remain in place from March 1, 2022, to March 31, 2022. Signage shall only be placed on the property of the business they advertise. “Business” is defined as an existing business within the Hendersonville City Limits which has obtained proper permits to be in operation within the City. No sign shall be placed any closer to the edge of pavement (public or private) than twelve (12) feet or in such a location which blocks visibility of motorists; WHEREAS, this signage exemption will last from March 1, 2022, to March 31, 2022; WHEREAS, any signage not conforming to this Resolution are hereby not considered in this exemption and shall comply with all regulations of the Hendersonville Zoning Ordinance; and WHEREAS, the Planning Department staff may remove signs which are in violation of this Resolution or the Hendersonville Zoning Ordinance. 110 NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE that the request to declare the “Hendersonville is Hiring 2022” event a City sponsored event and to exempt associated event signage from the temporary sign permit requirements regulated by Chapter 13.3.2.10A and 13.3.2.10B of the Hendersonville Zoning Ordinance, is hereby approved in accordance with the terms set forth above. ADOPTED this the _____ day of February 2022. APPROVED: ____________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: __________________________________ JOHN R. BRADLEY, City Attorney 111 112 LEGISLATIVE HISTORY Resolution 2022-07 Sponsor: Clary Committee: General Date of Committee Meeting: February 8th, 2022 Committee Recommendation: BOMA Reading: February 8th, 2022 113 DATE: February 8, 2022 ORDINANCE/RESOLUTION # Resolution 2022-07 A Resolution to declare the “Hendersonville is Hiring 2022” event a City sponsored event and to exempt SPECIFIC REQUEST/ RECOMMENDATION: associated signage from the temporary sign permit STAFF requirements regulated by Chapter 13.3.2.10.A and 13.3.2.10.B of the Hendersonville Zoning Ordinance REPORT REPORT PREPARED BY: Keith L. Free, MLA, AICP, Planning Director BACKGROUND: 1 Chapter 13.2.3.6 of the Hendersonville Zoning Ordinance allows event signage “directly associated with a City sponsored event” to be exempt from regulation. A City sponsored event must be passed as a resolution by the Board of Mayor and Aldermen, and “no sign shall be placed any closer to the edge of pavement than [12] feet or in such a location which blocks visibility of motorists.” “Hendersonville is Hiring 2022” is a coordinated effort between the City of Hendersonville and the Hendersonville Chamber of Commerce that encourages businesses’ attempts to advertise open positions and to hire new employees. Renderings of the event signage and the locations of where the event signage is to be placed will be organized by the Chamber. According to Resolution 2022-07, the event signage is exempt from the temporary sign permit requirements regulated by Chapter 12.3.2.10.A and 13.3.2.10.B of the Zoning Ordinance, but participants must follow the following guidelines to remain in compliance with the City sponsored event: 1. Signage content shall be directly related to advertising open employment positions. 2. One temporary ground sign per business shall be permitted in non-residential zones. Such signs shall not exceed twelve (12) square feet in size and six (6) feet in height. Such signs may remain in place from March 1, 2022, to March 31, 2022. 3. One temporary banner per business shall be permitted in non-residential zones. Such signs shall not exceed forty (40) square feet in size and shall be securely attached flat against the wall of the building or shall be securely attached to poles or other means of support. Such banners may remain in place from March 1, 2022, to March 31, 2022. 4. Signage shall only be placed on the property of the business they advertise. “Business” is defined as an existing business within the Hendersonville City Limits which has obtained proper permits to be in operation within the City. 5. No sign shall be placed any closer to the edge of pavement (public or private) than twelve (12) feet or in such a location which blocks visibility of motorists. This signage exemption will last from March 1, 2022, to March 31, 2022. DISCUSSION: 2 This project went before General Committee earlier this evening (2/8). 114 ORDINANCE #2022-07 2 FISCAL IMPACT: 3 n/a ADDITIONAL INFORMATION / PHOTOS: 4 115 ORDINANCE #2022-07 3 ATTACHMENTS: 5 • Ordinance 2022-07 116 117 Mayoral Report—Use of Car Allowance January 20 - January 31, 2022 Hendersonville Produce Pope Prep school Glen Oak clubhouse Resource Authority of Sumner County Forward Sumner luncheon ECC office Merrol Hyde Magnet School Chamber office Hendersonville Produce Surveying construction sites and limb debris Drakes Creek Park 118

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