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Board of Mayor & Aldermen

Regular Meeting

Hendersonville, TN · May 24, 2022

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Minutes

MINUTES OF REGULAR MEETING MAY24,2022 PAGEl CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING MAY 24, 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 LEEPETERSON,ALDERMAN LORI PHILLIPS, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE The meeting opened with prayer led by Father Jeff Jones, Rector of Holy Family Anglican Church in Hendersonville and The Pledge of Allegiance led by Mayor Clary. Clary acknowledged that nine (9) votes constitute a majority for reasons that will become apparent as the meeting progresses. Clary also noted for Item #3 on the agenda, Ordinance 2022-10, the two-week rule was being waived. AGENDA The May 24, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Roberson moved; seconded by Waters to approve the May 24, 2022, agenda. There was a majority vote to approve the agenda with Dixon abstaining. Dixon's abstention was in error and there was another vote taken. There was a unanimous vote to approve the agenda. Clary declared the motion carried. MINUTES OF REGULAR :MEETING MAY24,2022 PAGE2 PRESENTATIONS None PUBLIC HEARING None MINUTES Cunningham moved; seconded by Peterson to approve the May I 0, 2022, minutes. There was a majority vote 11-2 to approve the minutes with Dixon and Hayes abstaining. Clary declared the motion carried. CITIZENS' COMMENTS Mayor Clary read the guidelines for public comments. Beth Wettengel of 594 Indian Lake Road addressed the Board and spoke in favor of Ordinance 2022-09, an ordinance relative to term limits for members of the Board of Mayor and Aldermen. She shared the history of earlier attempts of establishing term limits which failed in the past. She shared that the submission of the request to the State of TN to change the City of Hendersonville Charter had been approved, giving the opportunity for the proposed ordinance to move forward allowing a referendum to be placed on the November 2022 ballot. With no more citizens wishing to speak, Clary moved on to the next agenda items. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2022-08, an ordinance approving the sale of surplus City property near Fire Hall #5 for its fair market value. Waters moved; Cunningham seconded to approve Ordinance 2022-08 on second reading. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for first reading of Ordinance 2022-09, an ordinance relative to term limits for members of the Board of Mayor and Aldermen. MINUTES OF REGULAR MEETING MAY24,2022 PAGE3 Edwards moved; Waters seconded to approve Ordinance 2022-09 on first reading. Roberson moved; Waters seconded an amendment to Ordinance 2022-09 that combines and changes the language of Section 1 and Section 2 of the original ordinance into Section 1 of the amendment, each reading as follows: Original Ordinance 2022-09 "SECTION ONE: No person serving as an alderman is eligible for a succeeding term as alderman of any ward if the succeeding term would allow the person to be in office as alderman for a third full consecutive four-year term, or for a total of more than ten (10) years should the alderman's tenure include service of a portion of a four-year term. When determining an alderman's eligibility for purposes of this section, all years and full terms served as an alderman, if consecutively served, shall be considered regardless of ward designation. SECTION TWO: No person serving as mayor is eligible for a succeeding term as mayor if the succeeding term would allow the person to be in office as mayor for a fourth consecutive four-year term, or for a total of more than fourteen (14) years should the mayor's tenure include service ofless than a full four-year term." Amended Ordinance 2022-09 SECTION ONE: The number of terms served by the mayor or by an alderman shall not exceed three (3) consecutive four-year terms, regardless of the ward designation for aldermen. An interim appointment of the mayor or an alderman to fill a vacancy shall not be counted in the term limit of three (3) consecutive terms. The amendment was further clarified by adding language to Section One after the word vacancy to read "or election to fulfill an unexpired term", suggested by Edwards. Both Roberson and Waters agreed with Edwards suggestion to be added to the amendment. Dixon and Roberson requested to be included as sponsors on the original motion. Discussion included the clarification that Section One, Two, Three, and Four would be on the referendum as opposed to the whole ordinance. Clary clarified that tonight's vote was whether to put the term limits on the ballot as a referendum, not a vote for term limits. Also, for the referendum to happen, the ordinance must pass both readings with a 2/3 majority vote. There was a unanimous vote to approve the amendment. Clary declared the motion for amendment carried. There was a unanimous vote to approve the motion as amended. Clary declared the motion carried. MINUTES OF REGULAR MEETING MAY24,2022 PAGE4 The caption was read for first reading of Ordinance 2022-10, an ordinance amending Ordinance 2021-22, as amended, to reflect adjustments to the City's 2022 Fiscal Year Budget (Subject to approval by the Board pursuant to Ordinance 2002-12). Brown moved; Petrelli seconded a motion to approve Ordinance 2022-10 on first reading. Cunningham moved; Petrelli seconded an amendment to add the Coca Cola donation of $7,142.00 under Operations-Parks-Supplies. There was a unanimous vote to approve the amendment. Clary declared the motion carried. There was a unanimous vote to approve the motion as amended. Clary declared the motion carried. The caption was read for Resolution 2022-25, a resolution authorizing King KC Creations to use the City's logo on items it produces for sale. Clary moved; Dixon seconded a motion to approve Resolution 2022-25. Discussion held voicing of non-support for the resolution due to the logo being City property as well as having the appearance of showing favoritism or endorsement for a business. The General Committee did not support the resolution due to it being against the Municipal Code which prohibits the use of municipal property including the logo for private gain. The General Committee determined it is not in the best interest of the City. There motion failed 12-1 with Clary voting in favor of the motion. Clary declared the motion carried. The caption was read for Resolution 2022-26 a resolution amending the Job Classification List and Pay Table with respect to the Traffic Engineer position. Brown moved; Hayes seconded a motion to approve Resolution 2022-26. There was a unanimous vote to approve the motion. Clary declared the motion carried. OTHER AGENDA ITEMS There was a vote on the reappointment of Thomas Golden to the Board of Parks and Recreation. Waters moved; Petrelli seconded to approve the appointment. MINUTES OF REGULAR MEETING MAY24,2022 PAGES There was a unanimous vote to approve the motion. Clary declared the motion carried. There was consideration of the BOMA meeting schedule for June, July, and August. Discussion included no known significant issues coming before the Board besides the Budget which must be approved in June 2022 and the potential of Grace Place coming before the Board for approval. Cunningham moved; Edwards seconded to cancel the July 26, 2022, and August 23, 2022, BOMA meetings. That motion was withdrawn and reproposed by Cunningham and Edwards to cancel the July 12, 2022, and August 9, 2022, BOMA meetings. There was a unanimous vote to approve the motion. Clary declared the motion carried. REPORTS Brief Committee Reports: Finance-Cunningham: • Met on May 24, 2022. • Discussed the Golf Course Commission Budget and the need for an irrigation pump. • Ordinance 2022-10-An Ordinance Amending Ordinance 2021-22, As Amended, To Reflect Adjustments to the City's 2022 Fiscal Year Budget. The Coca Cola donation was added. Recommended unanimously. • Ordinance 2022-11 - An Ordinance of the City of Hendersonville, Tennessee Adopting the Annual Budget and Tax Rate for the Fiscal Year Beginning July 1, 2022 and Ending June 20, 2023. Recommended unanimously. Mentioned that the City has a balanced budget, includes a 6% increase to employees, $13 million in the budget for paving and no tax increase. • Discussed Contingency Funding for Capital Projects. There is a resolution is forthcoming per suggestion by the COO that there be a pool of funds for Projects. There will be certain restrictions. • Sales Tax is up year over year by $108,446.00 for the month of April (March's sales); the year-to-date total is up year over year by $1,756,234.00 (a 13% increase); projections for the year ending is just shy of $3 million over the collections for the previous year. • The Hotel-Motel Tax is on pace at pre-covid numbers of $31,629.00 for the month. • Petrelli requested to be added as a sponsor for the forthcoming resolution regarding the pool of funds to be set aside for Capital Projects. Public Works-Skidmore: • Met May 24, 2022 • Reading of Resolution 2022-27, a resolution authorizing the Mayor to execute an MINUTES OF REGULAR MEETING MAY24,2022 PAGE6 agreement for a water and ice vending machine in Sanders Ferry Park. Recommended unanimously. • There will be no trash collection on Memorial Day. Pickups will be pushed back one day. The notification will be put on the website and social media. • FY 2023 Paving List has been distributed. • Contingency Fund sent to Finance. Passed and approved. • 314 Raindrop Lane is on the drainage list to be completed this year. After research it was found that at that time of the original request, the City could not go onto private property. • Light Synchronization Update-Advertising, bids will go out and will be due back by June 23, 2022. • FEMA cleanup funding has not yet been received. Chief of Operations Report-Eckenroth: • The transfer station will be closed Monday, Memorial Day. • The paving list will be put on the GIS map and put on the website. Petrelli addressed Eckenroth as to whether there had been any conversation of getting away from using aggregate, gravel, and pea gravel as degradation is already being seen. Eckenroth responded with the possibility of requiring a concrete apron at the driveway and will explore that option and place it on the agenda of the next Public Works meeting. Mayoral Report-Included in the packet. Upon motion by Hayes and second by Dixon there was a unanimous vote 11-0 for approval to adjourn with Edwards exiting prior to the Brief Committee Reports and Cunningham leaving prior to adjournment. The meeting adjourned at 7:52 p.m. Ap oved: Jamie Clary, Mayor ~ag, City Record

Agenda

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN May 24th, 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 May 10th, 2022, meeting minutes 3-9 VI. Citizens Comments VII. Consent Agenda VIII. Ordinances and Resolutions Clary 1. Second and final reading of Ordinance 2022-08, an ordinance approving the sale of 10-14 surplus City property near Fire Hall #5 for its fair market value Clary, 2. First reading of Ordinance 2022-09, an ordinance relative to term limits for 15-18 Edwards, and members of the Board of Mayor and Aldermen Waters Clary and 3. First reading of Ordinance 2022-10, an ordinance amending Ordinance 2021-22, as 19-21 Brown amended, to reflect adjustments to the City’s 2022 Fiscal Year Budget (Subject to approval by the Board pursuant to Ordinance 2002-12) Clary 4. Reading of Resolution 2022-25, a resolution authorizing King KC Creations to use 22-24 the City’s logo on items it produces for sale Brown 5. Reading of Resolution 2022-26, a resolution amending the Job Classification List 25-31 and Pay Table with respect to the Traffic Engineer position IX. Other Agenda Items 6. Vote on the reappointment of Thomas Golden to the Board of Parks and Recreation 32 7. Consideration of Meeting Schedule X. Reports 8. Brief Committee Reports: 1. Finance – Cunningham 2. Public Works – Skidmore 1 9. Chief of Operations Report 10. Mayoral Report (information included in packet) 33 XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda A. Consideration on the appointment of Kayce Smith to the Arts Council Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. 2 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING MAY 10, 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 RUSS EDWARDS, ALDERMAN LEE PETERSON, ALDERMAN LORI PHILLIPS, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT KAREN DIXON, ALDERMAN JONATHAN HAYES, ALDERMAN The meeting opened with prayer led by Michael Davis, Pastor of First Presbyterian Church of Hendersonville and The Pledge of Allegiance led by Mayor Clary. AGENDA The May 10, 2022, BOMA Meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Cunningham to approve the May 10, 2022, agenda. Brown moved; seconded by Waters to amend the agenda by adding Resolution 2022-24. There was a unanimous vote to approve the amendment to the agenda with Dixon and Hayes absent. Clary declared the motion carried. Clary mentioned the Public Hearing was for Resolution 2022-22 regarding issuance of bonds for Red Cedar Glen. There was a unanimous vote to approve the agenda as amended with Dixon and Hayes absent. 3 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 2 Clary declared the motion carried. PRESENTATIONS There was a presentation of a Proclamation by Mayor Clary to Laura Mueller with Sumner County CASA. • Celebrating 30 years of service in Sumner County • CASA-Court Appointed Special Advocate • Trained individuals serve as advocates in court for children who are victims of abuse and neglect. • They provide “eyes and ears” for the court. • April of 1992 the first case in Juvenile Court was accepted. • 4000 children have been served since the implementation of the program. • Approximately 175 children per year receive CASA services. • CASA program was established in Sumner County by the Hendersonville Women’s club and retired Judge Barry Brown. • Thankful for grant funds received from the City yearly. • Currently have 3 on staff with 35 volunteers serving 100 children. There was a presentation of a Proclamation by Mayor Clary to Julie White for Older Americans Month. • Month of May is proclaimed Older American’s Month formed to support those 65 and older and to recognize those older adults and acknowledge contributions made in the community. • Julie White is the Executive Director for the Senior Citizens Center in Hendersonville. • "Age my Way” is the 2022 theme. • GNRC reports reveal within a five-mile radius of the Senior Center there are 16,000 individuals over 65; 11,295 households with individuals 65 & over in them and 27.6% of total households have seniors living in them of various age groups. • 122 new members have joined the Senior Center since July 1, 2021. • Currently utilizing 67 volunteers. Need more. There was a presentation of a Proclamation by Mayor Clary to recognize City Employee Service. The categories, recognized in increments of five (5) years, ranged from twenty- five (25) years of service up to forty-five (45) years of service. Fire Chief Scotty Bush was present to receive his 35-year Service Award as well as Jamie Cossler to receive his 30- year Service Award from Mayor Clary and Administrative Services Director Jason Gallo. There was a presentation of a Proclamation to firefighters from Fire Station 5, A-Shift who responded to a 911 call at the home of the Burns family as Mrs. Burns was about to give birth. Captain & EMT David Osbourne, Firefighters/EMTs Ryan Chandler and Will Davis assisted with welcoming William Burns into the world. 4 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 3 PUBLIC HEARING Public hearing for Resolution 2022-22, to hear comments on a resolution approving the issuance of senior living revenue bonds for capital improvements to senior living facilities. As there was no one wishing to speak, Mayor Clary declared the Public Hearing completed. MINUTES Waters moved; seconded by Brown to approve the April 26, 2022, minutes. There was a majority vote 10-1 to approve the minutes with Phillips abstaining and Dixon and Hayes absent. Clary declared the motion carried. CITIZENS’ COMMENTS Mayor Clary read the guidelines for public comments. Robert Little of 314 Raindrop Lane addressed the Board with drainage concerns on his property. • Mr. Little passed around photos of the drainage issues and an email received from Alderman Skidmore and stated he asked Alderman Roberson to come view the issue which he did. • Creekwood has received a new drain and the street has been paved. • Mr. Little asked why nothing has been done for him. • Mr. Little asked the email from Skidmore be put in the record. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2022-07, an ordinance appropriating funds for the construction of a fire hall at 1342 Drakes Creek Road. Petrelli moved; Cunningham seconded to approve Ordinance 2022-07 on second reading. There was a unanimous vote to approve the motion with Dixon and Hayes absent. Clary declared the motion carried. 5 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 4 The caption was read for first reading of Ordinance 2022-08, an ordinance approving the sale of surplus City property near Fire Hall #5 for its fair market value. Waters moved; Roberson seconded to approve Ordinance 2022-08 on first reading. There was a majority vote 10-1 to approve the motion with Petrelli voting nay and with Dixon and Hayes absent. The caption was read for Resolution 2022-22, a resolution approving the issuance of Senior Living Revenue Bonds for capital improvements to senior living facilities. Cunningham moved; Collins seconded a motion to approve Resolution 2022-22. Skidmore asked for clarification of where this Resolution came from. John Bradley addressed the question by explaining that it is called a private activity bond that requires the local city municipality to approve it after having a publication and public hearing for it to be tax exempt. The City has no financial responsibility. By these actions the City is stating it would like to see Red Cedar Glen rehabilitated by seeing several million dollars’ worth of improvements. Collins added that it was a refinancing of a bond that had been approved a few years back in order to obtain a lower interest rate. There was a unanimous vote to approve the motion with Dixon and Hayes absent. Clary declared the motion carried. The caption was read for Resolution 2022-24, a resolution authorizing the Handmade Market to use the grounds of City Hall for its market activities. Brown moved; Waters seconded a motion to approve Resolution 2022-24. Brown moved; Waters seconded a motion to amend Resolution 2022-24 by obtaining an agreement between the organizer of Handmade Market and the City with the assistance of City Attorney John Bradley as well as a $1 million dollar liability insurance policy to be provided by the organizer and collect a one-time $200.00 fee to cover the rest of the events for the year 2022, all to be completed prior to May 21, 2022. Discussion on the amendment included whether the fee would increase as the vendors increase. The $200.00 fee will cover the rest of the year and in 2023 it will be renegotiated. There will be a Sunset Clause in the amendment that Resolution 2022-24 ceases to exist as of December 31, 2022. The amount of $1 million dollars for the liability insurance was recommended by our insurance provider. The motion to amend passed unanimously with Dixon and Hayes absent. Clary declared the motion carried. 6 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 5 Discussion on the main motion included clarification the organization is for profit. Concerns were expressed that a precedent was being set for other for-profit businesses. Earth Day was the first event of this kind that had for-profit vendors on City Hall property. A policy was being operated from to approve this event that was used for the Earth Day event unaware that a code existed that governed this type of activity. Code overrides policy so, this is legalizing what is currently taking place with the Handmade Market events. The $200 fee falls in line with Parks fees. City Hall is not open during these events. It was questioned whether these events should go through the Parks Department for approval. Without objection, the rules were suspended to hear from Dallas Long, Assistant Parks Director. All events that are held in the Parks go before the Parks Board for approval. Fees differ depending on what is being utilized. There are vendor fees, per vendor, per event. All events must provide a Certificate of Insurance. Collins offered an amendment that as of January 1, 2023, this event should fall under the Parks Department’s rental fees and guidelines. The proposal would have to be presented as an Ordinance since it is changing the Municipal Code. Further discussion included there is no expense to the City during this event, portable bathrooms delivery and removal are handled by the event organizer, and cleaning up usually results in better condition than before the event. The event organizer is a Hendersonville resident. Edwards stated he would be in favor of sponsoring an ordinance perhaps with Collins and John Bradley’s assistance. Brown stated it needs to happen within the next couple of months. There was a majority vote 10-1 to approve the motion as amended with Cunningham voting nay and with Dixon and Hayes absent. Clary declared the motion carried. OTHER AGENDA ITEMS There was a vote on the appointment of Mahlon Hellman to the Board of Parks & Recreation. Brown moved; Cunningham seconded to approve the appointment. There was a unanimous vote to approve the motion with Dixon and Hayes absent. Clary declared the motion carried. 7 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 6 REPORTS Brief Committee Reports: General-Brown: • Met on May 10, 2022. • Approved April 12th, 2022, meeting minutes. • Ordinance 2022-09, an ordinance relative to term limits for members of the Board of Mayor and Aldermen passed and will proceed to BOMA. • Resolution 2022-24, a resolution authorizing the Handmade Market to use the grounds of City Hall for its market was handled tonight through BOMA. • Resolution 2022-25, a resolution authorizing King KC Creations to use the City’s logo on items it produces for sale failed unanimously. • Resolution 2022-26, a resolution amending the Job Classification List and Pay Table with respect to the Traffic Engineer position was requested and approved unanimously. Public Safety-Petrelli: • No meeting • Thanks to BOMA for the support of Fire Hall #7. • Chief Miller reported he has addressed with patrol the issue of cones being put out when businesses are mowing. • There was an issue of grass being thrown in the street which John Henry, Codes Enforcement addressed. Planning-Peterson: • Met May 3, 2022 • Recommended approval of the following FDP Amendment: 1. The Enclave at Anderson Lane – FDP Amendment (Dwelling Elevations) • Deferred the following Final Development Plan and Site Plan: 1. Nearwater Place – FDP 2. Nearwater Place – Site Plan • Approved the following Site Plan: 1. Hazel Path Mansion Pavilion – Site Plan Renewal • Denied the following Site Plan: 1. 217 Shivel Drive Multi-Family – Site Plan • Approved the following Encroachment Request: 1. Hunt Club, Phases 6-11, Lots 110 (114 Higginson Place North) – Encroachment Request (Conservation Easement) • Approved the following Resolutions: 1. Resolution 2022-05: Hendersonville Planning Commission By-Laws Amendment • There will be proposed changes to the Zoning Ordinance presented at the next BOMA meeting. 8 MINUTES OF REGULAR MEETING MAY 10, 2022 PAGE 7 Chief of Operations Report-Eckenroth: • Opened with remarks of being glad to see Alderman Skidmore present and feeling better. • Following Chief Miller’s comments regarding the work of John Henry, Eckenroth commended the work behind the scenes of John Henry and Tim Nicholson. • On the City’s website there is a newsfeed of CGI Video advertisement for businesses in town. The information will also be on the City’s Facebook page. • The paving list has been completed early. • Parks has been awarded an LPRF grant with which turf at the soccer field will be installed as well as lights at the rugby field. The grant is $500,000.00 and the City will match $500,000.00 which is included in the budget. • Security cameras are up and running at the soccer fields. • Middle School State Baseball and Softball tournament next weekend. • Light at Center Point Road, Exit 2 is up and being worked on. That section of road is up next for paving. • Clary asked that 314 Raindrop Lane be added to the Public Works Committee agenda to look at. • A grant has also been awarded for Beaty Farms and will take approximately two years to complete. It was not a City applied-for grant; the Friends of Indian Lake made the application. While it is not the City’s responsibility, it is an 80/20 grant. Mayoral Report-Included in the packet. Upon motion by Edwards and second by Waters there was a unanimous vote for approval to adjourn with Dixon and Hayes absent. The meeting adjourned at 7:58 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 9 ORDINANCE 2022-08 Sponsor: Clary AN ORDINANCE APPROVING THE SALE OF SURPLUS CITY PROPERTY NEAR FIRE HALL #5 FOR ITS FAIR MARKET VALUE WHEREAS, the City of Hendersonville, Tennessee (“the City ”), owns property adjacent to Fire Hall #5 that is not needed for the operations of the fire hall or other City purposes; WHEREAS, the unused City property, consisting of 9,354 square feet (0.21 acre) as shown on the attached Exhibit, is deemed to be surplus property and may be sold for its fair market value; and WHEREAS, the project has been appraised to have a fair market value of $120,000.00, and the neighboring land owner, Hospital Corporation of America, has offered to purchase the property for this amount: NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of the City of Hendersonville, Tennessee, that the Mayor is authorized to execute such documents as are necessary to sell the City’s surplus property consisting of 9,354 square feet (0.21 acre) as shown on the attached Exhibit to Hospital Corporation of America for the purchase price of $120,000.00. This ordinance shall take effect at the earliest date allowed by law. 1st Reading: May 10th, 2022, Passed 2nd Reading: _____ APPROVED: _____________________________ ATTEST: JAMIE CLARY, Mayor ____________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 10 LEGISLATIVE HISTORY Ordinance 2022-08 Sponsor: Clary Committee: Finance Date of Committee Meeting: April 26th, 2022 Committee Recommendation: Yes First BOMA Reading: May 10th, 2022 Vote: Aye: Brown, Collins, Cunningham, Edwards, Peterson, Phillips, Roberson, Skidmore, Waters, and Clary. Nay: Petrelli. Absent: Dixon and Hayes. Motion carried. Second BOMA Reading: May 24th, 2022 11 DATE: May 24th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-08 SPECIFIC REQUEST/ Consider approval of Ordinance 2022-08 to sell surplus RECOMMENDATION: land at Fire Hall #5 to HCA for fair market value STAFF REPORT REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations BACKGROUND: 1 The city has six (6) fire halls, Fire Hall #5 is on Forest Retreat Road. Fire Hall #5 has over an acre of land, the southeast section of the parcel is triangle shaped and serves no practical purpose for the Fire Hall. DISCUSSION: 2 HCA contacted the city to consider purchasing a portion of the unused triangle shaped portion of land at Fire Hall #5. Staff have reviewed the request and do not have any objection to selling said portion of land as it is unused and alteration/development of the portion of land would have no adverse impacts on Fire Hall #5. An appraisal was prepared by Lincoln Harris and fair-market was valued at $100,000 - $120,000. FISCAL IMPACT: 3 Selling the property would net revenue to the city of the sale price, estimated at $120,000, less any selling expenses. ATTACHMENTS: 4 Parcel Exhibit 12 13 Site Description Location: The subject’s host parcel is located adjacent to the TriStar Hendersonville Medical Center campus. Its address is 1166 Forest Retreat Road, Hendersonville, Tennessee. The host parcel is improved with a fire station that was built in 2002 and 2014± with various site improvements. The host parcel is further identified as Property ID Number 144-109.03-000 by the Sumner County Assessor’s Office. The host parcel is identified in the following parcel map while the subject’s location within the larger parcel is identified in the following aerial photograph. Hendersonville Fire Station No. 5 Parcel (Portion) 14 | Page 14 ORDINANCE 2022-09 Sponsor: Clary, Waters, and Edwards AN ORDINANCE RELATIVE TO TERM LIMITS FOR MEMBERS OF THE BOARD OF MAYOR AND ALDERMEN WHEREAS, in 2022, the Tennessee General Assembly enacted legislation, Public Chapter 741, which authorizes the City of Hendersonville, Tennessee (the “City”), to adopt an ordinance to establish term limits for members of the Board of Mayor and Aldermen (“the Board”), subject to certain conditions; WHEREAS, such ordinance establishing term limits must be approved by a two-thirds (2/3) vote of the members of the Board; WHEREAS, the voters of the City must approve by referendum the ordinance establishing term limits prior to its taking effect; and WHEREAS, the Board wants to establish term limits for members of the Board in the manner authorized by State law, subject to the approval of the voters of the City: NOW,THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, as follows: SECTION ONE: No person serving as an alderman is eligible for a succeeding term as alderman of any ward if the succeeding term would allow the person to be in office as alderman for a third full consecutive four-year term, or for a total of more than ten (10) years should the alderman’s tenure include service of a portion of a four-year term. When determining an alderman’s eligibility for purposes of this section, all years and full terms served as an alderman, if consecutively served, shall be considered regardless of ward designation. SECTION TWO: No person serving as mayor is eligible for a succeeding term as mayor if the succeeding term would allow the person to be in office as mayor for a fourth consecutive four- year term, or for a total of more than fourteen (14) years should the mayor’s tenure include service of less than a full four-year term. SECTION THREE: Determining the number of terms served should include terms served as an alderman or as mayor, not both, as the offices of alderman and mayor are separate and independent offices. SECTION FOUR: The term limits established herein are prospective in nature only shall not apply until the election of the mayor and board of mayor and aldermen held after the ordinance is operative. 15 O22-09 Page 2 SECTION FIVE: The operation of this ordinance shall take effect only after a vote of approval of its terms by the voters of the City as set forth in State law. First reading _____________ Second reading ___________ Approval by referendum:________________ APPROVED: ______________________________ JAMIE CLARY, Mayor ATTESTED: ________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ________________________________ JOHN R. BRADLEY, City Attorney 16 O22-09 Page 3 LEGISLATIVE HISTORY Ordinance 2022-09 Sponsor: Clary, Waters, and Edwards Committee: General Date of Committee Meeting: May 10th, 2022 Committee Recommendation: Yes First BOMA Reading: May 24th, 2022 17 DATE: May 24th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-09 BOMA is being asked to allow the voters of Hendersonville SPECIFIC REQUEST/ RECOMMENDATION: to decide if the mayor and aldermen should be restricted by term limits. STAFF REPORT REPORT PREPARED BY: Jamie Clary BACKGROUND: 1 The Tennessee General Assembly has given permission for the City of Hendersonville to move forward with term limits. After BOMA passes this ordinance, the question will be placed on the November ballot. If it passes, the process is completed. Aldermen would be restricted to a maximum of two terms or ten years. The mayor would be restricted to a maximum of three terms or 14 years. DISCUSSION: 2 The first aldermen and mayor this will impact will be those elected during the city’s 2024 election. It is not retroactive; we do not count terms currently being served or those that start in 2022. The clock starts ticking with the people who are elected in the city’s 2024 election. The reason for the difference between aldermen and mayor is that the mayor is elected by the entire city. One of the reasons frequently cited for term limits is that aldermen vote on questions impacting the entire city but are elected by only one-sixth of the voters. This rationale does not apply to the mayor, who is elected at large. All city voters are eligible to vote in the mayor’s race, giving them the opportunity to remove that person every four years. By contrast, a resident of Ward 1 never has the opportunity to vote to remove the aldermen of other wards. FISCAL IMPACT: 3 None ADDITIONAL INFORMATION / PHOTOS: 4 In order to place this item on the ballot, BOMA must approve it by 2/3 vote twice. ATTACHMENTS: 5 None 18 ORDINANCE 2022-10 Sponsor: Clary and Brown AN ORDINANCE AMENDING ORDINANCE 2021-22, AS AMENDED, TO REFLECT 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, the City’s Parks Department has received donations and insurance proceeds in the amount of $50,896.68, which have been used or will be used for projects and for operations; and WHEREAS, the City desires to amend the budget ordinance to reflect the expenditure of these funds for projects and operations: 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, as amended, is hereby further amended by increasing expenditures in the Park Department budget line items as follows: Assets, $1,000 to $7,000: $4,250 (community donations for memorial benches) Special Projects: $1,786 (Rotary Club donation: Memorial Park Fountain renovation) Operations: $44,860.68 (proceeds from insurance Claims) 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 19 LEGISLATIVE HISTORY Ordinance 2022-10 Sponsor: Clary and Brown Committee: Public Works Date of Committee Meeting: May 24th, 2022 Committee Recommendation: Committee: Finance Date of Committee Meeting: May 24th, 2022 Committee Recommendation: First BOMA Reading: May 24th, 2022 20 DATE: 5/24/2022 ORDINANCE/RESOLUTION # Ordinance 2022-10 Consider a budget amendment for the Parks Department SPECIFIC REQUEST/ RECOMMENDATION: FY22 Budget to account for various donations and insurance reimbursements received in FY22. STAFF REPORT REPORT PREPARED BY: Andy Gilley, Parks Director BACKGROUND: 1 The General Fund, throughout the year, receives revenue earmarked to the Parks Department in the form of donations and insurance reimbursements. Donations to the Parks Department come from individuals, businesses, and non-profits, typically for a specific purpose. Insurance reimbursement revenue is received when claims are approved for property that is damaged and needs repair or replacement. DISCUSSION: 2 The Parks Department has received donations from community members to purchase memorial benches at the Tennis Courts and near Kids Kingdom in the amount of $4,250. The Hendersonville Rotary Club has made an additional donation to the Memorial Park Renovation project in the amount of $1,786. Public Entity Partners (insurance carrier) has sent payment for claims that were made due to damages sustained during the December 2021 tornado events in the amount of $44,860.68. FISCAL IMPACT: 3 Amend the FY22 Parks Department Budget, increasing expenditures by: $4,250 - Assets $1,000 – $7,000 (Memorial Benches) $1,786 – Special Project (Memorial Park Fountain Renovation) $44,860.68 – Operations (Insurance Claims) There is a net zero impact on the General Fund balance with these appropriations as offsetting revenue has been received and deposited into the General Fund. ADDITIONAL INFORMATION / PHOTOS: 4 N/A 21 RESOLUTION 2022-25 Sponsor: Clary A RESOLUTION AUTHORIZING KING KC CREATIONS TO USE THE CITY’S LOGO ON ITEMS IT PRODUCES FOR SALE WHEREAS, a business entity located in the City of Hendersonville, Tennessee (“the City”), doing business as KING KC CREATIONS, wants permission to use the City’s logo on items it produces for retail sales; and WHEREAS, H.M.C. 1-1007(2) prohibits the use of municipal property for private gain except as authorized the governing body with a determination that the use is in the best interest of the City: NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the business entity known as KING KC CREATIONS is authorized to use the City’s logo on items it produces for retail sales, such use having been determined to be in the best interest of the City. ADOPTED this the _____ day of May 2022. APPROVED: ____________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: __________________________________ JOHN R. BRADLEY, City Attorney 22 LEGISLATIVE HISTORY Resolution 2022-25 Sponsor: Clary Committee: General Date of Committee Meeting: May 10th, 2022 Committee Recommendation: No BOMA Reading: May 24th, 2022 23 DATE: May 24th, 2022 ORDINANCE/RESOLUTION # Resolution 2022-25 BOMA is being asked to allow the city logo to be used on SPECIFIC REQUEST/ RECOMMENDATION: products that will be sold by a private company, King KC Creations. STAFF REPORT REPORT PREPARED BY: Jamie Clary BACKGROUND: 1 Ynessa Montgomery, a local businesswoman, would like to apply to city logo to items she sells. Pictures are below. Currently the City has no mechanism to allow her request. DISCUSSION: 2 Ynessa Montgomery, the owner of King KC Creations, spoke with the General Committee in April. She currently sells t-shirts, tote bags, hats, mugs, and a handful of other items. She asked to use the city logo on those items. FISCAL IMPACT: 3 None ADDITIONAL INFORMATION / PHOTOS: 4 ATTACHMENTS: 5 None 24 RESOLUTION 2022-26 Sponsor: Brown A RESOLUTION AMENDING THE JOB CLASSIFICATION LIST AND PAY TABLE WITH RESPECT TO THE TRAFFIC ENGINEER POSITION WHEREAS, the City of Hendersonville, Tennessee, based on changing job responsibilities, reevaluates positions to determine the proper job duties and proper pay grade; and WHEREAS, the position of Traffic Engineer in the Public Works Department has been reevaluated and a change in the job duties and the pay grade is justified: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the Traffic Engineer position, currently at Grade 24, is hereby amended to become the Traffic Engineer position at Grade 23, with this change to provide proper compensation for the position as it has been restructured. The actual step within grade for the position will be determined in accordance with current personnel policies. Adopted this the ____ day of May, 2022. APPROVED: ______________________________ JAMIE CLARY, Mayor ATTEST: ___________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ___________________________________ JOHN R. BRADLEY, City Attorney 25 LEGISLATIVE HISTORY Resolution 2022-26 Sponsor: Brown Committee: General Date of Committee Meeting: May 10th, 2022 Committee Recommendation: Yes BOMA Reading: May 24th, 2022 26 DATE: May 24th, 2022 ORDINANCE/RESOLUTION # Resolution 2022-26 Consider a classification amendment for the vacant Traffic Engineer position from a pay grade 24 to a pay grade 23 STAFF SPECIFIC REQUEST/ RECOMMENDATION: as a result of reduced responsibilities including the reduction of supervisory role. REPORT REPORT PREPARED BY: Sarah Lock, Public Works Director BACKGROUND: 1 The city has an established pay classification table that serves to match city positions within a pay grade commensurate with the roles and responsibilities of said position; the position of Traffic Engineer is currently listed as a pay grade 24. DISCUSSION: 2 From time to time, as needs shift, the city will consider opportunities to amend certain job positions. The position of Traffic Engineer is vacant and was recently evaluated by the Public Works Department and the city’s Administrative Services Department for a reassessment of pay grade based on the reorganization of the Traffic Engineer position within the department. It is proposed that the Traffic Engineer position change from reporting directly to the Public Works Director to reporting to the Assistant Public Works Director/City Engineer. With this change, the supervisory role over the ADA Coordinator for the Traffic Engineer position would be eliminated and shift to the Assistant Public Works Director/City Engineer. Upon reviewing the diminished responsibilities under the purview of the Traffic Engineer, a revised pay grade 23 is proposed. FISCAL IMPACT: 3 The city has sufficient funds budgeted in the Public Works Department salaries and benefits and no budget adjustment is required. ADDITIONAL INFORMATION / PHOTOS: 4 None ATTACHMENTS: 5 Revised Traffic Engineer Job Description 27 JOB TITLE: Traffic Engineer PW/22 DEPARTMENT: Public Works JOB SUMMARY: This position performs Civil Engineering analysis, contract administration and construction management in the design and research of traffic signals, traffic control signing, street lighting, pavement markings and pedestrian safety. MAJOR DUTIES • Plans and evaluates operations, activities, and procedures to ensure the timely maintenance of traffic signals, street lighting, traffic control and construction signing, and pavement markings. • Reviews traffic impact studies, site plans, and construction plans for City and public development projects. • Reviews temporary traffic control plans for City and development construction projects. • Works with private development engineers and contractors to review plans and coordinate work involving traffic systems in privately constructed residential, commercial, and industrial projects. • Coordinates and/or participates in overall transit planning, long-range transportation planning, special planning/development studies, and overview of private development traffic impacts. • Performs field inspections of the traffic system elements of projects prior to, during, and upon completion of construction. • Manages the Neighborhood Traffic Calming Program, performs reviews, makes recommendations to committee, and implements outcomes. • Performs sight distance and safety audits for crash reduction and improved pedestrian safety. • Designs pavement marking and signage plans and oversees implementation. • Collects, analyzes data, conducts special studies, and performs other work necessary to maintain an up-to-date inventory of traffic control devices, streets, and related transportation elements. • Prepares written reports on traffic engineering-related projects. • Represents the City in the community and at professional meetings as required. • Coordinates traffic engineering-related activities with other City Departments and Division, and with outside agencies. • Directs and participates in the preparation and evaluation of technical studies, reports, and analyses related to engineering services; analyze and evaluate study results and implement findings. • Optimizes traffic signal timing; oversees adjustment to traffic signal timing patterns and development of system enhancements. • Organizes raw worksheet data and utilizes ArcGIS to generate detailed maps and tracking capabilities. • May schedule, generate the agenda and chair the Traffic and Parking Committee on behalf of the Public Works Director; oversee completion of tasks resulting from the meetings as directed by Public Works Director. • Assists with preparation of engineering various sections of department operating budget; makes recommendations concerning capital improvement projects. • Prepares documents for advertisement, awarding of contracts and supervision of construction of various projects under the supervision of the Assistant Public Works Director. • Performs other related duties as assigned. Traffic Engineer City of Hendersonville, TN March 2022 28 KNOWLEDGE AND SKILLS REQUIRED • Knowledge of advanced traffic engineering principles and practices as applied to private developments and municipal public works. • Knowledge of techniques for preparing designs, plans, specifications, reports, and recommendations related to public works projects. • Knowledge of City policies and procedures governing engineering operations. • Knowledge of budgeting principles and practices. • Knowledge of and skill in interpreting applicable federal, state, and local laws, rules and regulations, policies, and procedures related to the engineering, development, and construction of projects. • Knowledge of Tennessee laws and regulations pertaining to traffic. • Knowledge of department safety policies and procedures. • Knowledge of the geography of the City, including road and street names and locations. • Skill in organizing and prioritizing work. • Skill in analyzing and interpreting data. • Skill at performing technical traffic engineering work of a complex nature. • Skill in communicating clearly and concisely, orally and in writing. • Skill in preparing and analyzing technical reports, statements, contracts, and legal documents. • Skill in maintaining effective work relationships with staff, other government agencies, contractors, and the public. • Skill in developing and interpreting plans and specifications. • Skill in operating a computer and calculator. SCOPE AND EFFECT The purpose of this position is to perform a variety of professional and technical level traffic and transportation engineering tasks including traffic system planning, design and operation, traffic control systems and city-wide traffic safety programs. PHYSICAL DEMANDS AND WORK ENVIRONMENT While performing the duties of this position, an employee is regularly required to sit; talk or hear, in person and by telephone; use hands to finger, handle, feel or operate standard office equipment; and reach with hands and arms. Specific vision abilities required by the job include close vision and the ability to adjust focus to read and operate office equipment as necessary during the course of the work assignments. While performing the duties, employees are regularly required to use written and oral communication skills; read and interpret financial and statistical data, information and documents; analyze and solve problems; use math and apply mathematical reasoning and abstract statistical concepts; observe and interpret people and situations; learn and apply new skills; perform highly detailed work on multiple, concurrent tasks; work under intensive deadlines; and interact with staff, Board of Alderman members and others encountered in the course of work. The work is typically performed in an office, roadside and outdoors, where the employee is exposed to noise, dust, dirt, and grease, machinery with moving parts, irritating chemicals, and occasional inclement weather. The work may require the use of personal protective equipment. SUPERVISORY CONTROLS: This position reports directly to the Assistant Public Works Director/City Engineer. Traffic Engineer City of Hendersonville, TN March 2022 29 SUPERVISORY AND MANAGEMENT RESPONSIBILITY: None MINIMUM QUALIFICATIONS • Bachelor’s Degree in a Civil Engineering. • Sufficient experience to understand the basic principles relevant to the major duties of the position, usually associated with the completion of an apprenticeship/internship or having had a similar position for four years or more. • Possession of or ability to readily obtain a valid Driver’s License issued by the State of Tennessee for the type of vehicle or equipment operated. • Certification as a Professional Engineer by the State of Tennessee. Traffic Engineer City of Hendersonville, TN March 2022 30 FLSA Status: Exempt Pay Grade: 23 ACKNOWLEDGEMENT I acknowledge that I have read and understand the Job Description and requirements for this position, and I certify that I can perform these functions. ____________________________________ _______________ _____________________________ Employee Signature Date Witness *Management has the right to add or change these duties of the position at any time. Traffic Engineer City of Hendersonville, TN March 2022 31 32 Mayoral Report—Use of Car Allowance May 4 – May 19, 2022 Vol State Community College WHIN Clarendale First Baptist Church American Job Center Premier Center Church of Christ of Hendersonville Drakes Creek Park Just Love Coffee Sumner County Administration Building Slim Chickens Streets of Indian Lake Bluegrass Country Club Drakes Creek Park Alphabet meetings at state archives Country Hills Golf Course. 33

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