Board of Mayor & Aldermen
Regular MeetingHendersonville, TN · September 13, 2022
Minutes
MINUTES OF REGULAR MEETING
SEPTEMBER 13, 2022
PAGE 1
CITY OF HENDERSONVILLE
BOARD OF MAYOR AND ALDERMEN
MINUTES OF REGULAR MEETING
SEPTEMBER 13, 2022, at 7:00 P.M.
101 Maple Drive North, Hendersonville, TN 37075
PRESENT
JAMIE CLARY, MAYOR
STEVE BROWN, ALDERMAN
RACHEL COLLINS, ALDERMAN
ARLENE CUNNINGHAM, ALDERMAN
RUSS EDWARDS, ALDERMAN
JONATHAN HA YES, ALDERMAN
LORI PHILLIPS, ALDERMAN
EDDIE ROBERSON, ALDERMAN
MARK SKIDMORE, ALDERMAN
IlM WATERS, ALDERMAN
JOHN BRADLEY, CITY ATTORNEY
ANNETTE HUNTER, CITY RECORDER DESIGNEE
ABSENT- KAREN DIXON, LEE PETERSON &
PEG PETRELLI
The meeting opened with prayer led by Kevin Lowhorn, Prayer Ministry and Marriage
Pastor of Long Hollow Baptist Church and The Pledge of Allegiance led by Mayor Clary.
AGENDA
The September 13, 2022, BOMA meeting was called to order by Mayor Jamie Clary.
Cunningham moved; seconded by Waters to approve the September 13, 2022, agenda.
Clary moved; Cunningham seconded to amend the agenda to go into Executive Session
after Citizens Comments.
There was a unanimous vote to approve the amendment to the agenda with
Dixon, Peterson & Petrelli absent.
Clary declared the motion carried.
Brown moved; Roberson seconded an amendment to the agenda to add Item # 5, Reading
of Resolution 2022-39, a resolution authorizing the Mayor to request grant funds
from the Tennessee Department of Environment and Conservation for Parks projects
(Subject to approval by the Board, pursuant to Ordinance 2002-12).
There was a unanimous vote to approve the amendment to the agenda with Dixon,
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SEPTEMBER 13, 2022
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Peterson & Petrelli absent.
Clary declared the motion carried.
There was a unanimous vote to approve the agenda as amended with Dixon, Peterson &
Petrelli absent.
Clary declared the motion carried.
The roll was called. The Mayor and ten (10) Aldermen were present. Absent were Dixon,
Peterson & Petrelli.
In the case of needing a two-thirds (2/3) vote, Clary verified with City Attorney John
Bradley the number of votes needed for passage would be seven (7).
PRESENTATIONS
There was a Presentation on HolidayFest by Larry Phillips.
• Eighteenth (18 th ) year for HolidayFest.
• HolidayFest raises money for different 501(c) (3) charities in Sumner County.
• Mr. Phillips shared many dates and events happening between now and December
along with the benefactors of money raised at certain events.
• A list of activities and events can be found by visiting www.holida festtn.org.
There was a Presentation of a proclamation to the General Jethro Sumner Chapter of the
National Society of the Daughters of the American Revolution for Constitution
Week.
• The proclamation presented by Mayor Clary proclaimed the week of Septemberl 7
through September 23, 2022, as Constitution week.
• Cynthia Rousch, new Regent to the Sumner Chapter and Helen Marshall, Chapter
Historian were on hand to receive the proclamation and share some information
regarding the role and function of the General Jethro Sumner Chapter of the
National Society of the Daughters of the American Revolution.
• This month marks the 235 th Anniversary of the United States of America
Constitution.
• The Sumner Chapter has 160 members and has been active for 91 years.
• The National Society of the Daughters of the American Revolution was founded in
1890.
• To become a member, proof must be provided that you are a direct descendent of
someone who fought in the American Revolutionary War.
• The organization is non-profit, non-political, and service oriented with "God,
Home, and Country" as their slogan and who they serve.
• In 1955, the National Society of the Daughters of the American Revolution
petitioned President Eisenhower to dedicate a week to recognize and honor the
Constitution. An Act of Congress in 1956 recognized Constitution Week to be
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observed every year during the week of September 17th through September 23 rd •
• Ms. Marshall shared that she has completed 15 American Revolution Displays with
Gallatin City Hall being the largest.
PUBLIC HEARING
There was a public hearing for Ordinance 2022-18, for the purpose of receiving public
comment on proposed amendments to the Hendersonville Municipal Code, Title 13,
Chapter 1, Municipal Planning Commission, and Title 14, Chapter 2, Zoning Ordinance
With no citizens wishing to speak, Clary moved on to the next agenda items.
MINUTES
Waters moved; seconded by Hayes to approve the August 9, 2022, minutes.
There was a unanimous vote to approve the minutes with Dixon, Peterson &
Petrelli absent.
Clary declared the motion carried.
CITIZENS' COMMENTS
Mayor Clary read the guidelines for public comments.
• Jim Stocks of 104 Downing Court addressed the Board in support of Resolution 2022-
38, a resolution condemning hate groups and hate crimes within the Hendersonville
community. He urged the Board to amend the resolution and be more specific and
condemn by name those groups that commit hate crimes. He encouraged the Board to
leave no ambiguity, to be clear strong and brave in their leadership.
• Mike Fussell of 128 Island Drive addressed the Board regarding his replacement on the
Industrial Development Board voted on at the July 26, 2022, BOMA meeting. He felt
his replacement was unfair and not all facts were given to the Board for consideration.
Joanna Blauw, Executive Secretary to the IDB contacted Mr. Fussell March 1, 2022,
and asked if he was interested in continuing to serve as his term was expiring May 2022.
He expressed his desire to do so. Ms. Blauw sent letters to Mr. Fussell's aldermen who
did not remember receiving those letters and were not aware of Mr. Fussell's desire to
continue to serve, therefore a nomination for his seat was made. Mr. Fussell asked for
his time to speak be extended.
Collins moved; Cunningham seconded to extend Mr. Fussell's comment time for an
additional five (5) minutes.
There was a majority vote 8-2 to approve the motion with Waters and Clary voting nay and
with Dixon, Peterson & Petrelli absent.
Clary declared the motion carried.
Mr. Fussell continued by reading the letter Ms. Blauw sent to Mr. Fussell's respective
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SEPTEMBER 13, 2022
PAGE4
Aldermen. He feels blindsided as he was not notified until after the vote took place
replacing him. He noted that the Chairman, John Zobl' s term expired in April 2022, yet
his term expiration was handled prior to Mr. Zobl's. His closing questions to the Board
were: Is this the way you want Hendersonville's business to be run? How do you feel
voting on something you didn't have the whole facts on? Now that you know, what are
you going to do about it?
With no more citizens wishing to speak, Clary moved on to the Executive Session at 7:33
pm.
The meeting reconvened at 8: 10 pm.
CONSENT AGENDA
None
ORDINANCES AND RESOLUTIONS
The caption was read for second and final reading of Ordinance 2022-14, an ordinance
amending the City's beer regulations to allow the sale of beer at Golf Entertainment
Centers.
Edwards moved; Cunningham seconded to approve Ordinance 2022-14 on second and
final reading.
Roberson verified beer sales were not to exceed 40% of retail sales. He asked how the
City insured compliance to which City Attorney John Bradley responded that the City
received quarterly reports from those that hold Beer Permits. Bradley continued that the
City has taken action in the past for those who did not meet those
requirements/percentages and has the ability to audit those holding Beer Permits.
Roberson questioned if non-compliance would be grounds for revocation. Bradley stated
yes but a suspension would probably be done first.
City Recorder Designee Annette Hunter responded to Roberson's request for
information on the process of verifying compliance. Hunter explained that Finance
mailed/emailed Gross Sales Audits to permit holders every July l st requesting the sales
of the quarter consisting of the months of April, May, and June. The form is filled out
and returned to Finance. The percentages are self-policed, but the City retains the right
to audit the actual documents upon request.
Without objection, the rules were suspended for Mr. McGinn, owner of Tap on the
Green to address the Board and answer any questions.
Roberson shared his concerns of not wanting the establishment to become a place
people went for a beer only.
He inquired as to whether one 12 oz beer could be purchased, Mr. McGinn explained
that upon entry, the customers present an ID, a credit card that opens a tab and they are
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SEPTEMBER 13, 2022
PAGES
given a RFID wristband that will dispense up to 32 oz of beer or 10 oz of wine on first
approval. If the customer chooses to dispense less than 32 oz of beer or 10 oz of wine,
they simply close their tab and leave.
There was a majority vote of 6-4 to approve Ordinance 2022-14 on second and final
reading with Dixon, Peterson, & Petrelli absent.
Ayes: Collins, Cunningham, Edwards, Hayes, Phillips, Roberson
Nays: Brown, Skidmore, Waters, Clary
Absent: Dixon, Peterson, Petrelli
The caption was read for second and final reading of Ordinance 2022-18, an ordinance
amending the Hendersonville Municipal Code, Title 14, Chapter 1, Municipal Planning
Commission, and Title 14, Chapter 2, Zoning Ordinance.
Brown moved, Waters seconded a motion to approve Ordinance 2022-18 on second and
final reading.
There was a unanimous vote to approve the motion on second and final reading with
Dixon, Peterson, & Petrelli absent.
Clary declared the motion carried.
The caption was read for second and final reading of Ordinance 2022-20, an ordinance
appropriating funds for Parks improvements.
Brown moved; Roberson seconded a motion to approve Ordinance 2022-20 on second
and final reading.
There was a unanimous vote to approve the motion on second and final reading with
Dixon, Peterson, & Petrelli absent.
Clary declared the motion carried.
The caption was read for Resolution 2022-38, a resolution condemning hate
groups and hate crimes within the Hendersonville community.
Hayes moved; Cunningham seconded a motion to approve Resolution 2022-38.
There was a unanimous vote to approve Resolution 2022-38 with Dixon, Peterson, &
Petrelli absent.
Clary declared the motion carried.
The caption was read for Resolution 2022-39, a resolution authorizing the Mayor to request
grant funds from the Tennessee Department of Environment and Conservation for Parks
projects (Subject to approval by the Board, pursuant to Ordinance 2002-12).
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Brown moved; Waters seconded a motion to approve Resolution 2022-39.
Parks Director Andy Gilley clarified that the quote from Musco was provided as
information only; the quote was not being voted on.
There was a unanimous vote to approve Resolution 2022-39 with Dixon, Peterson, &
Petrelli absent.
Clary declared the motion carried.
OTHER AGENDA ITEMS
There was a vote on the appointment of Kathleen Garza to Beautiful Hendersonville.
Cunningham moved; Edwards seconded a motion to approve the appointment.
There was a unanimous vote to approve the appointment with Dixon, Peterson, & Petrelli
absent.
Clary declared the motion carried.
There was a vote on the appointment of Nancy Golden to the Citizens' Stormwater Appeals
Board.
Roberson moved; Hayes seconded a motion to approve the appointment.
There was a unanimous vote to approve the appointment with Dixon, Peterson, & Petrelli
absent.
Clary declared the motion carried.
REPORTS
Brief Committee Reports:
General-Brown:
• Met September 13, 2022.
• Reading of Ordinance 2022-22, an ordinance regarding the office of City Attorney-
Passed unanimously. Coming to BOMA in two (2) weeks.
• Reading of Resolution 2022-39, a resolution authorizing the Mayor to request grant
funds from the Tennessee Department of Environment and Conservation for Parks
projects. Passed and voted on at tonight's BOMA.
• Reading of Resolution 2022-40, a resolution ratifying the Parks Department Special
Events Application Handbook approved by the Parks Board. Passed.
• Discussion on deer population-With recommendation. Brown provided a report
regarding deer carcass removal expenditures for a 19-month period beginning January
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of 2021 through July of 2022. The General Committee urges the Deer Committee to
bring solutions to BOMA.
Skidmore inquired if there was a breakdown of accidents by wards. Brown replied no
but will check with the Hendersonville Police Department.
Public Safety-Petrelli:
• There was no meeting and no report.
Planning-Peterson
• Met September 6, 2022.
• Planning Report is included in the packet.
Chief of Operations Report-Eckenroth
• Recruitment is out for the City Attorney due to John Bradley's upcoming retirement.
• A lot of HR moves happening across the City.
• Received an offer of acceptance for the Public Information Officer.
• Active recruitment for the Assistant Finance Director.
Roberson read a statement in which he expressed his appreciation for employees who
have recently gone above and beyond the call of Duty. The Hendersonville Police
Department responded rapidly to speeding complaints around the Wessington area.
John Henry, Property Maintenance Enforcement Officer, and John Bradley City Attorney
rectified a troublesome piece of property in Ward 6. The neighbors are ecstatic with the
results.
Eckenroth echoed Roberson's sentiments.
Mayoral Report-Included in the packet.
• Two (2) additions:
• Clary moved; Hayes seconded a motion to approve the settlement of Rogers Group
litigation as set forth by the City Attorney in the Executive Session.
• There was a unanimous vote to approve the motion with Dixon, Peterson, & Petrelli
absent.
• Clary declared the motion carried .
• Clary moved; Hayes seconded a motion to approve the settlement proposal regarding
the Sanders Ferry Road Short Term Rentals as set forth by the City Attorney in the
Executive Session.
• There was a unanimous vote to approve the motion with Dixon, Peterson, & Petrelli
absent.
• Clary declared the motion carried.
There are two (2) items for consideration at the next BOMA meeting.
Upon motion by Edwards and second by Cunningham, there was a unanimous vote for
approval to adjourn with Dixon, Peterson, & Petrelli absent. The meeting adjourned at
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8:36 p.m.
~-~
~pproved: Jamie Clary, Mayor
~Ot
Attest: Robert Manning, City Recorder
Agenda
CITY OF HENDERSONVILLE
BOARD OF MAYOR AND ALDERMEN
September 13th, 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
A. Presentation on Holidayfest by Larry Phillips and Lynda Evjen
B. Presentation of a proclamation to the General Jethro Sumner Chapter of the
National Society of the Daughters of the American Revolution for Constitution
Week
IV. Public Hearing
A. Public hearing for Ordinance 2022-18, for the purpose of receiving public comment
on proposed amendments to the Hendersonville Municipal Code, Title 13, Chapter
1, Municipal Planning Commission, and Title 14, Chapter 2, Zoning Ordinance
V. Minutes
A. Approval of the August 9th, 2022, meeting minutes 3-11
VI. Citizens Comments
VII. Consent Agenda
VIII. Ordinances and Resolutions
Edwards 1. Second and final reading of Ordinance 2022-14, an ordinance amending the City’s 12-40
beer regulations to allow the sale of beer at Golf Entertainment Centers
Peterson 2. Second and final reading of Ordinance 2022-18, an ordinance amending the 41-48
Hendersonville Municipal Code, Title 14, Chapter 1, Municipal Planning Commission, and
Title 14, Chapter 2, Zoning Ordinance
Brown 3. Second and final reading of Ordinance 2022-20, an ordinance appropriating funds for Parks 49-58
improvements
Hayes, 4. Reading of Resolution 2022-38, a resolution condemning hate groups and hate crimes 59-60
Collins, within the Hendersonville community
Petrelli,
Cunningham,
And Brown
Brown 5. Reading of Resolution 2022-39, a resolution authorizing the Mayor to request grant funds 61-63
from the Tennessee Department of Environment and Conservation for Parks projects
(Subject to approval by the Board, pursuant to Ordinance 2002-12)
1
IX. Other Agenda Items
6. Vote on the appointment of Kathleen Garza to Beautiful Hendersonville 64
7. Vote on the appointment of Nancy Golden to the Citizens’ Stormwater Appeals 65
Board
X. Reports
8. Brief Committee Reports:
1. General – Brown
2. Public Safety – Petrelli
3. Planning – Peterson
9. Chief of Operations Report
10. Mayoral Report (information included in packet) 66
XI. Adjournment
Information Re: Board/Committee Nominations for Next Agenda
A. Consideration of the reappointment of Dale Duhl to the Municipal Board of Zoning
Appeals
B. Consideration of the appointment of Colin Zimmerman to the Deer Herd
Monitoring and Control Committee
Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours
prior to the meeting.
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AUGUST 9, 2022
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CITY OF HENDERSONVILLE
BOARD OF MAYOR AND ALDERMEN
MINUTES OF SPECIAL CALLED MEETING
AUGUST 9, 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
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 Alderman Eddie Roberson and The Pledge of
Allegiance led by Mayor Clary.
AGENDA
The August 9, 2022, BOMA special called meeting was brought to order by Mayor Jamie
Clary.
Waters moved; seconded by Cunningham to approve the August 9, 2022, agenda.
There was a unanimous vote to approve the agenda.
Clary declared the motion carried.
PRESENTATION
None
PUBLIC HEARING
None
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MINUTES
Waters moved; seconded by Dixon to approve the July 26, 2022, minutes.
There was a majority vote of 12-1 to approve the minutes with Petrelli abstaining.
Clary declared the motion carried.
CITIZENS’ COMMENTS
None
CONSENT AGENDA
None
ORDINANCES AND RESOLUTIONS
The caption was read for second and final reading of Ordinance 2022-17, an ordinance
establishing meeting for the Board of Mayor and Aldermen in certain even-numbered
years.
Brown moved; Cunningham seconded to approve Ordinance 2022-17 on second and
final reading.
Brown moved; Cunningham seconded a motion to cancel the August 23, 2022, BOMA
meeting.
There was a unanimous vote to cancel the August 23, 2022, BOMA meeting.
Clary declared the motion carried.
There was a unanimous vote to approve Ordinance 2022-17 on second and final reading.
Clary declared the motion carried.
The caption was read for second and final reading of Ordinance 2022-19, an ordinance
relative to term limits for members of the Board of Mayor and Aldermen.
Roberson moved; Hayes seconded to approve Ordinance 2022-19.
Roberson moved; Cunningham seconded to amend Ordinance 2022-19 as follows:
• SECTION ONE-Second sentence should read-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.
• SECTION THREE-DELETED
• Sections were re-numbered accordingly due to removal of SECTION THREE.
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• The new SECTION THREE added a third sentence that reads- “Current” means
those members of the Board of Mayor and Aldermen serving on November 8,
2022.
• SECTION SIX was added after conversation with the Election Coordinator with
the language to be on the November 2022 ballot as follows:
SECTION SIX: The referendum question shall appear on the ballot as follows:
VOTE “YES” OR “NO”
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 an alderman. Current aldermen and the current mayor
shall be limited to two (2) additional, consecutive terms.
Without objection, Peterson, Skidmore, and Phillips requested to be added as sponsors
of Ordinance 2022-19.
There was a majority vote of 12-1 to approve the amendment to Ordinance 2022-19 with
Petrellli abstaining.
Clary declared the motion carried.
There was a unanimous vote to approve Ordinance 2022-19 on second and final reading
as amended.
Clary declared the motion carried.
The caption was read for First Reading of Ordinance 2022-14, an ordinance amending
the City’s beer regulations to allow the sale of beer at Golf Entertainment Centers.
Edwards moved; Collins seconded a motion to approve Ordinance 2022-14.
Edwards explained the ordinance would be creating a new category for beer sales as the
proposed business venture, Tap on the Green, does not fit in any of the existing
categories. Edwards noted that the Beer Board passed the addition of the new category
unanimously.
Mr. Kevin McGinn presented to the Board the concept of his proposed business that has
bays for simulated golf entertainment, food offerings and self-pour technology for
beverages. Highlights include:
• Upscale establishment with high-end finishes with golf simulator bays where a
golf ball is hit against a screen.
• Trackman technology will be used for the simulators.
• Each bay installed is $45,000.00
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• Currently planning for three (3) or four (4) bays. Five (5) bays would be good
but will depend on space availability.
• Business will be profitable with three (3) bays.
• Currently looking at two (2) or three (3) sites at the Streets of Indian Lake.
• Climate controlled.
• Open to the public; no membership required.
• 18 years of age to enter; 21 years of age to consume alcohol. Taps will not turn
on for 18–20-year-old individuals.
• ID checked upon entry; Drivers License is scanned as well as a credit card for
tab purposes.
• 18-20 years of age receive a red wristband; 21years of age and up receive a black
wristband.
• Wristbands are one-time use; cut off and deactivated at the end of the night and
the tab is closed out.
• Usage is tracked electronically by ounces poured.
• First authorization is for 32 oz. of beer; 10 oz of wine.
• Technology has an algorithm that tracks the alcohol content of each beverage
and translates that to ounces consumed.
• Once the initial authorization of ounces has been consumed, the customer must
return to a host to receive another authorization.
• General Manager and three (3) or four (4) hosts will be ABC trained individuals.
They will monitor consumption and be on the lookout for the possible sharing of
alcohol with an underage individual.
• Acceptance of alternate ID will be researched.
• Estimate of food sales-30%-40%; estimate of golf sales-30%-40%; estimate of
beer sales-30%-40%.
• Beer sold will be 8% per volume or less.
• Capacity will be 85-100; expectations as an average will be 40-50.
• Hours will be 11:00 am – 10:00 pm weekdays and Saturdays. Sundays may not
open until 1:00 pm but closing time will remain no later than 10:00 pm.
Edwards noted that alcohol sales were not to exceed 40% of total sales.
City Attorney John Bradley noted that this business would not qualify as a restaurant,
hence the reason for establishing a new category in the ordinance. ABC has no food
requirements which make it difficult for the City to require food sales.
Edwards stated that the Ordinance shows the change to be made to Section 8-228 of the
Municipal Code. It should be noted that the Section is 8-223. This is a typographical
error and does not need an amendment to correct since it has been duly pointed out.
Without objection, the rules were suspended to hear from Assistant Planning Director
Timothy Whitten.
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Timothy confirmed that this type of business would not need to go before the Planning
Commission as that type of use is already permitted in the location being considered. As
as the location supports that type of use, the business may operate elsewhere in the
City.
Collins addressed Attorney Bradley regarding governance and concerns for opening
the door for bars with similar concepts, such as a batting cage scenario. She questioned
if this was the best way for this to be handled. Attorney Bradley stated yes if sales were
to be allowed in this type of establishment. He also gave explanation that ABC
permitted establishments did not have a food requirement, so the 40% threshold does
give some control over the amount of alcohol sold, making it not like a bar.
Peterson asked if sales tax projections were known. McGinn responded that sales tax
alone has not been calculated, but top line revenue should come in around $1.2 million –
1.3 million. Director Manning calculated local portion and county portion should be
around $13,500.00.
There was a majority vote of 9-4 to approve the motion on first reading with voting as
follows:
Ayes: Collins, Cunningham, Dixon, Edwards, Peterson, Petrelli, Phillips, Roberson,
Skidmore
Nays: Brown, Hayes, Waters, Clary
Clary declared the motion carried.
The caption was read for first reading of Ordinance 2022-20, an ordinance appropriating
funds for Parks improvements.
Brown moved; Petrelli seconded a motion to approve Ordinance 2022-20 on first
reading.
Without objection the rules were suspended to hear from Assistant Parks Director Dallas
Long.
Chief of Operations, Jesse Eckenroth, assisted in answering questions regarding the
appropriation of $193,487.00 for Parks improvements.
Assistant Director Long verified that the appropriated funds would be used for lights on
one side of the grass field at Volunteer Park and maintenance of shelters at Sanders
Ferry Park.
Eckenroth stated that the repairs for the work to be done at Sanders Ferry Park had not
been bid at this time but would be going out for bid.
He explained that Musco was a sourced contractor who had been through the
procurement process with the State and would be the contractor for the lights. They will
be re-using a portion of the existing lights on the new poles.
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Eckenroth also clarified that the Parks Department would be overseeing the repairs done
at Sanders Ferry Park but would not be doing the repairs themselves.
Waters asked if another estimate could be made for the lights and work to be done at
Volunteer Park. Eckenroth responded in the affirmative.
Waters had great concerns regarding the Nonliability clause of the quote from Musco for
the lights included in the packet. It was explained that the contract was not being voted
on in the ordinance; only the appropriation of funds. Attorney Bradley reassured him
that if there were to be any exculpatory wording in the contract, it would be removed.
There was a unanimous vote to approve Ordinance 2022-20 on first reading.
Clary declared the motion carried.
The caption was read for Resolution 2022-37, a resolution authorizing the Parks
Department to apply for a BlueCross BlueShield Healthy Place Grant (Subject to approval
by the Board pursuant to Ordinance 2002-12).
Brown moved; Petrelli seconded a motion to approve Resolution 2022-37.
Brown and Assistant Parks Director Long listed highlights of the BlueCross BlueShield
Healthy Place Grant.
• The grant is for $1 million dollars.
• The submission is going to be for an all-inclusive park at Volunteer Park.
• There is no match required by the City.
• The application is due August 31, 2022.
• Results will come back around February 2023.
• There will be a maintenance fund established.
• Turf field will be added.
• A Master Plan was done which included community input.
• If the grant is awarded and accepted, it must be named the BlueCross BlueShield
Healthy Place at Volunteer Park. The Park itself is not being renamed; only the
athletic field that the grant funds will require the BCBS name.
Brown stated after discussion with the Mayor and Attorney Bradley, the Board could name
the grant-funded construction and it does not have to go before the Naming Facility
Committee as it’s not being named after a person, dead or alive.
Assistant Parks Director Long stated this grant had been applied for three (3) times before.
Each time was a denial, but Director Gilley was notified that the last submission came
close to being awarded. No reason was given by BlueCross BlueShield for the denials.
The naming of the park as a BlueCross BlueShield Healthy Place has always been a grant
awarding requirement.
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The soccer field to the right of the new inline hockey rink would be replaced with turf if
awarded this grant. The turf will save on maintenance time and expense, including
irrigation, mowing, painting, rainouts, and cancellations just to name a few. With a second
grant for Drakes Creek Park where turf is being installed, the City will have two (2) soccer
fields that are turf. The soccer field at Volunteer Park serves 3 programs: Flag Football,
Lacrosse and the special needs program, Raptors league.
There will not be a splash pad.
There was a unanimous vote to approve Resolution 2022-37.
Clary declared the motion carried.
OTHER AGENDA ITEMS
The captions of appointments of members to various boards were read (Items 6-11 to be
considered as a group).
6. Vote on the appointment of Mark Burgdorf to the Arts Council
7. Vote on the reappointment of William Clifford to the Arts Council
8. Vote on the appointment of Robbie Borghi to Beautiful Hendersonville
9. Vote on the reappointment of Ken Brinkley to the Board of Adjustments and Appeals
10. Vote on the reappointment of Mike McCarroll to the Board of Adjustments and
Appeals
11. Vote on the reappointment of Paul Guthrie to the Municipal Board of Zoning Appeals
Waters moved; Dixon seconded to approve Items 6 through 11 appointments and
reappointments to various boards.
There was a majority vote of 12-1 approving the motion with Petrelli abstaining.
Clary declared the motion carried.
REPORTS
Brief Committee Reports:
General-Brown:
• Met August 9, 2022.
• Resolution 2022-37 a resolution authorizing the Parks department to apply for a
BlueCross BlueShield Healthy Place Grant (Subject to approval by the
Board pursuant to Ordinance 2002-12) came before BOMA tonight (8/9/22)
• Resolution 2022-38, a resolution condemning hate groups and hate crimes within the
Hendersonville community was discussed and will come before BOMA in two (2)
weeks.
9
MINUTES OF REGULAR MEETING
AUGUST 9, 2022
PAGE 8
• Other Agenda Items discussed included Beautiful Hendersonville. They had their
first meeting on August 4, 2022. They have lots of ideas and are brainstorming,
pursuing picking up of trash, working on a new logo and having signs made.
Public Safety-Petrelli:
• Thanked Hendersonville Fire Department for assisting in the fire at the new Sumner
County Courthouse.
• Dates for Fire House #2 ribbon cutting are still being worked out.
• Groundbreaking for Fire House #7-Nighttime would be preferred. Will get with
Chief Bush.
Planning-Peterson-Tim Whitten Presented:
• Met August 2, 2022.
• Approved the following Final Plat:
1. Millstone, Phase 11, Section 2 – Final Plat
• Denied the following Site Plan:
1. Stadium Townhomes – Site Plan Amendment (Text)
• Approved the following Preliminary Plats:
1. The Cove at Old Hickory - Preliminary Plat
2. Williams Subdivision – Preliminary Plat
• Approved the following Resolution:
1. Resolution 2022-07: Durham Farms, Phase 1, Section 11 – Street Acceptance
Capital Projects: Roberson:
• Met August 9, 2022.
• Signal Synchronization Project-Phase 1-The first phase interconnects 30 lights. The
panel will be located at City Hall. The State has accepted the bid that the City
approved. Awaiting additional funding from GNRC as project is over budget. Staff
was able to find enough funds to cover the City’s 20% share.
• Firehall #7-The bid has been awarded. There has been a pre-construction meeting.
The Notice to Proceed was issued on August 1, 2022.
• ARPA Funds-Stormwater Projects-(verbal update) $5.9 million dollars received a
couple of years ago. The City has also been awarded $6 million for a Stormwater
Grant. Staff is working on a list of projects to be done under that grant.
Chief of Operations Report-Eckenroth:
• Gallatin Mayor Paige Brown called Mayor Clary to thank him for Hendersonville’s
assistance in containing the fire at the new Sumner County Courthouse.
• Thanks to Chief Bush.
• Made the Board aware of an emergency purchase that was needed to repair a
transformer at Memorial Park that was damaged by lightning. Elsten Electric will be
providing and installing the transformer for $6,560.00.
10
MINUTES OF REGULAR MEETING
AUGUST 9, 2022
PAGE 9
Mayoral Report-Included in the packet.
Upon motion by Edward and second by Roberson, there was a unanimous vote for
approval to adjourn. The meeting adjourned at 8:14 p.m.
Approved: Jamie Clary, Mayor
Attest: Robert Manning, City Recorder
11
ORDINANCE 2022-14
Sponsor: Edwards
AN ORDINANCE AMENDING THE CITY’S BEER REGULATIONS TO
ALLOW THE SALE OF BEER AT GOLF ENTERTAINMENT CENTERS
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, as follows:
Section 8-223 of the Hendersonville Municipal Code is amended by adding a new
subsection as follows:
(10) Golf entertainment center: A recreational facility for golf development or other golf-
related entertainment activities. To qualify as a "golf entertainment center" hereunder,
receipts from the sales of alcoholic beverages, including liquor, wine, and beer or ale,
shall not exceed 40% of the establishment’s gross receipts.
This ordinance shall take effect at the earliest date allowed by law.
1st Reading: August 9th, 2022, Passed
APPROVED:
2nd Reading: ______
_________________________________
ATTEST: JAMIE CLARY, Mayor
____________________________________
ROBERT MANNING, CITY RECORDER
APPROVED AS TO FORM:
_________________________________
JOHN R. BRADLEY, City Attorney
12
LEGISLATIVE HISTORY
Ordinance 2022-14
Sponsor: Edwards
Committee: General
Date of Committee Meeting: June 14th, 2022
Committee Recommendation: Deferred until June 28th, 2022
Committee: General
Date of Committee Meeting: June 28th, 2022
Committee Recommendation: Yes
First BOMA Reading: June 28th, 2022 – Deferred until July 26th,2022
First BOMA Reading: July 26th, 2022 – Deferred until August 23rd,2022
First BOMA Reading: August 9th, 2022
Vote: Aye: Collins, Cunningham, Dixon, Edwards, Peterson, Petrelli, Phillips, Roberson,
and Skidmore. Nay: Brown, Hayes, Waters, and Clary. Motion carried.
Second BOMA Reading: September 13th, 2022
13
DATE: September 13th, 2022
ORDINANCE/RESOLUTION # Ordinance 2022 -14
That the Board of Mayor and Alderman consider allowing
SPECIFIC REQUEST/
RECOMMENDATION:
alcoholic beverage sales for businesses classified as a ‘golf
entertainment center’.
STAFF
REPORT
REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations
BACKGROUND: 1
Title 8 of the City of Hendersonville Municipal Code prescribes methods, definitions, and operational
requirements for sales of alcoholic beverages within city limits. Title 8 does not have a definition of ‘golf
entertainment center’.
DISCUSSION: 2
On 12/2/2021, and again on 03/03/2022, a concept for a golf entertainment center that serves alcohol
was presented to the Beer Board, minutes from those meetings are attached to this staff report. As a
result of the meetings a municipal code amendment was deemed appropriate by the City Attorney if such
use is to be approved by BOMA. The ordinance being proposed would define and allow sales of alcoholic
beverages for businesses classified as a ‘golf entertainment center’.
FISCAL IMPACT: 3
The proposed ordinance is an amendment to the municipal code and falls within the regular, budgeted
activities of local city government and no budget adjustment is necessary.
ATTACHMENTS: 4
Attachment 1 – Minutes and PowerPoint presentation from the 12/2/2021 and 03/03/2022 Beer Board
meeting.
14
HENDERSONVILLE BEER BOARD MEETING
12/2/2021 6:00 pm
CONFERENCE ROOM 2
Present: Charles Alexander, Rick Fox, Turner Gaw, Jennifer Motz, Prentice Oldham, Russ Edwards,
Annette Hunter
Others Present: Leslie McCleskey via Zoom (Rock N Roll Sushi), Jessica Miranda (Dona Cuca Mexican
Market), Nate Newton (Half Batch Brewing), Kevin McGinn (The Hangout), Andy Gilley via phone.
Called to order by Prentice Oldham at 6:00 pm.
A moment of silence was held for Bradley Finch.
Approval of October 7, 2021, Beer Board Minutes
Motion: Jennifer Motz
Second: Charles Alexander
Vote: Approved unanimously.
Prentice Oldham declared motion carried.
Beer Permit Applications
Rock N Roll Sushi
217 Indian Lake Blvd., Ste. 1001
Hendersonville, TN 37075
Leslie McCleskey
Discussion: Everyone shows ID, server permits must be obtained 61 days from their hire date, everyone
goes through the training program, alcohol is estimated to be 10% of sales as other items are offered for
sale, there are 51 locations in the Southeast.
Motion: Turner Gaw
Second: Rick Fox
Vote: Approved unanimously.
Prentice Oldham declared motion carried.
Doña Cuca Mexican Market
260 West Main Street, Ste. 202
Hendersonville, TN 37075
Jessica Miranda
Discussion: ID everyone buying. If it is a group of young people, all are ID’d. Visual inspection of ID only,
no POS system, presently 2 cashiers.
15
Motion: Turner Gaw
Second: Charles Alexander
Vote: Approved unanimously.
Prentice Oldham declared motion carried.
Special Occasion Beer Permit Event Updates
Half Batch Brewing
393 E. Main Street, Ste. 6A
Hendersonville, TN 37075
(Hike the Hill & Walk the Farm/Hendersonville
Cyclocross Race)
Nate Newton
Motion: Jennifer Motz
Second: Rick Fox
Vote: Approved unanimously.
Prentice Oldham declared motion carried.
Half Batch Brewing
393 E. Main Street, Ste. 6A
Hendersonville, TN 37075
(The Nashty Cup)
Nate Newton
Discussion included what would happen if the rinks were not complete. The answer was there would be
no tournament. The contractor has guaranteed the rinks will be completed by the date of the event.
Motion: Rick Fox-Providing the rinks are complete at Volunteer Park.
Second: Prentice Oldham
Vote: Approved unanimously.
Prentice Oldham declared motion carried.
Other Business
Kevin McGinn presented to the Beer Board his concept of an Indoor Golf & Self Pour Taproom.
• The venue would have 3-4 bays for indoor golf measuring 15’ L x 18’ W x 11’ H
• Location would be in the Streets of Indian Lake
• No one under 18 can enter
• ID is scanned upon entry and a credit card is swiped.
• Red RFID bracelets are issued to those aged 18-20; 21 & up receive a black RFID bracelet
• The red wristband works on soft drink taps only (for those under 21) and the black wristbands
work on all taps
• 32 ounces are authorized upon entry
16
• Must return to hostess for re-authorization after first 32 ounces.
• It is up to the hostess to determine whether the patron may be re-authorized for more.
• Projections are that golf & food will be 50%; Beer will be 50%.
• Estimates seating to be 50-75
• Open to the public, no membership
• Concern expressed that BOMA might consider the concept as a bar.
• Concern that food percentage may be a problem with restaurant permit holders.
Discussion of the Beer Board included suggestions of type of establishment eligibility such as
Indoor/Outdoor Athletic or Recreational Facility to encompass future similar types of venues.
Turner Gaw motioned; Rick Fox seconded for Russ Edwards to get with John Bradley and draft legislation
to add an establishment eligibility that would encompass this type of venue.
The motion was approved unanimously.
Prentice Oldham declared motion carried.
Motion to adjourn made by Prentice Oldham
Second: Turner Gaw
Vote: Approved unanimously.
Prentice Oldham declared motion carried, meeting adjourned.
Adjourned 6:47 pm
_____________________________________
Prentice Oldham
17
18
The Hangout – Indoor Golf and Self
Pour Taproom
• Self Serve Beverage
40 Tap Wall
Craft Beer/ Wine / Nitro Coffee / Soft Drink product Offerings
RFID enabled wristband used to activate taps
Each beverage tap has its own screen outlining beverage
description and cost per ounce
Hostess swipes customer’s credit card and DL upon entry and tab
is opened up in proprietary POS platform
Customer is given an RFID enabled wristband
The RFID wristband is tapped against the selected screen and the
tap is activated.
Every ounce that is poured is charged directly to the tab
Upon exit, the customer returns the RFID wristband with the
hostess and tab is closed out. (all tabs close out automatically at
the end of each night, in the event a customer does not check
19
out with hostess)
The Hangout – Indoor Golf and Self
Pour Taproom
Beverage Governance
The self-pour technology controls the amount of ounces that can
be poured per each wristband.
Initial “approval” upon check-in with hostess is 32 ounces.
Subsequent approvals must be obtained by seeing a hostess or
manager to re-activate the wristband for additional ounces.
Patrons who appear over-served are denied RFID re-activation
and the tab is closed out.
Employees will be provided training on proper beverage
handling and controls.
Typical shift will be composed of a General Manager,
Hostess/Check-in person, a Tap/Golf tender, and a cook.
Real Time Business Intelligence tracks every ounce poured for
every wristband
20
The Hangout – Indoor Golf and Self
Pour Taproom
Food Service
Food Offerings
Flat Bread
Brick Oven Pizza
Paninis
Soft Drinks (available on tap wall)
Simplified menu keeps down costs
Quick order turnaround
1-2 staff to prepare / deliver orders
Simpler raw materials management
21
The Hangout – Indoor Golf and Self
Pour Taproom
Indoor Golf Bay
3 Bays utilizing Trackman Launch Monitor Technology
Trackman is the most accurate and advanced golf technology
Bay rentals by the 1 hour with 30 minute extensions
Peak Time Pricing: $51/hr
NonPeak Pricing: $37/hr
Customers have numerous play options
200+ courses available to play
Hitting accuracy games
Practice ranges
Golf Leagues nights ensure repeat customer visits
(league nights on Tuesday’s & Wednesdays)
22
Site Floor Plan – 4,000 Sq Foot (approximate scale)
Golf Bay Golf Bay Golf Bay
Seating
Entrance Hostess Standup Tables
TapWall
lllllllllllllllllllllllllllllllll
Kitchen Storage
M W / Office
Beverage Cooler
23
Scale: 1” = 10’
Appendix
24
Example of Indoor Golf Bays
25
Example of Tap Wall
26
RFID Wristband & Tap/Screens
27
HENDERSONVILLE BEER BOARD MEETING
03/03/2022 6:00 pm
CONFERENCE ROOM 2
Present: Charles Alexander, Rose Bleich, Rick Fox, Turner Gaw, Prentice Oldham, Annette Hunter
Absent: Jennifer Motz, Russ Edwards
Others Present: Mekdad Alazab - New Shackle Island Market, Kevin McGinn – Tap on the Green,
Jonathan Wayland – Tennessee United Soccer Club, Nate Newton – Half Batch Brewing
Called to order by Prentice Oldham. Newest Member Rose Bleich was welcomed to the Beer Board.
Approval of February 3, 2022, Beer Board Minutes
Motion: Turner Gaw
Second: Charles Alexander
Vote: Passed by majority with Rick Fox voting “nay”.
Remove Jennifer Motz from present status on 2/3/2022 minutes
Motion: Rick Fox
Second: Prentice Oldham
Vote: Unanimous
Beer Permit Applications
New Shackle Island Market
253 New Shackle Island Road
Hendersonville, TN 37075
Mekdad Alazab
Discussion: Been in business for 22 years, recently bought the partner out. They will I.D. everyone and
only sell beer.
Motion: Rick Fox
Second: Turner Gaw
Vote: Unanimous
Special Occasion Beer Permit
Tennessee United Soccer Club
(Non-profit)
Adult Soccer Tournament
Jonathan Wayland
28 Page 3
Discussion: Adult Soccer Tournament, partnered with Half-Batch Brewing. Open to the public with a $40
charging fee for a 2-day event. No limit on beer tasting. Security not yet complete but working with
Andy Gilley. Anyone within the beer garden has had their I.D. checked and must be wearing a wristband
to indicate so.
Motion: Turner Gaw
Second: Charles Alexander
Vote: Passed by majority 4-1; Prentice stated abstention due to there being no limit on tasting.
Other Business
Kevin McGinn-The Hangout-Presentation of Golf/Business Concept. Rebranded to Tap On the Green
Discussion: Using IPourIt technology to do the tracking of all staff and food and beer caddies within a 3-
4k sq ft. building. Can also track the alcohol by volume (no free or untracked beer). Consumers will be
wearing wristbands that certify their age limit – wristbands deactivate at the end of the night. Under 18
must be accompanied by an adult otherwise you must be 18 to enter and 21 to drink. Employees will be
trained and certified before being put on the floor.
Motion was made to ask City Attorney to look at establishment eligibility wording of the
Hendersonville Municipal Code Title 8 Chapter 2 to see how it should be worded to fit the golf/self-
pour concept into the ordinance.
Motion: Rick Fox
Second: Turner Gaw
Vote: Unanimous
Motion to Adjourn: Turner Gaw
Second: Rick Fox
Vote Unanimous
Adjourned 6:34 pm
_____________________________________
Prentice Oldham
29 Page 4
30
Indoor Golf and Self Pour Taproom
➢ Indoor Golf Bay
➢ 4 Bays utilizing Trackman Launch Monitor Technology
➢ Trackman is the most accurate and advanced golf technology
➢ Bay rentals by the 1 hour with 30 minute extensions
➢ Peak Time Pricing
➢ NonPeak Pricing
➢ Customers have numerous play options
➢ 200+ courses available to play
➢ Hitting accuracy games
➢ Practice ranges
➢ Golf League nights ensure repeat customer visits
➢ (league nights on Tuesday’s & Wednesdays)
➢ Day patrons include office workers, salespeople, looking for lunch or a golf
break during the workday. Night patrons include leagues, customers looking
for something different versus the traditional bar experience
31
Indoor Golf and Self Pour Taproom
Self Serve Beverage
➢ 36 Tap Wall
➢ Craft Beer/ Wine / Nitro Coffee / Soft Drink product Offerings
➢ RFID enabled wristband used to activate taps
➢ Each beverage tap has its own screen outlining beverage description
and cost per ounce
➢ Hostess swipes customer’s credit card and DL upon entry and tab is
opened up in proprietary POS platform
➢ Customer is given an RFID enabled wristband
➢ The RFID wristband is tapped against the selected screen and the tap is
activated.
➢ Every ounce that is poured is charged directly to the tab
➢ Upon exit, the customer returns the RFID wristband with the hostess and
tab is closed out. (all tabs close out automatically at the end of each night,
in the event a customer does not check out with hostess)
32
Indoor Golf and Self Pour Taproom
➢ Beverage Controls
➢ The technology requires a Patron to have a government ID with 2D stripe to be
scanned and age-verified.
➢ The self-pour technology controls the quantity of ounces that can be poured per each
wristband.
➢ Initial “approval” upon check-in with hostess is 32 ounces.
➢ Subsequent approvals must be obtained by seeing a hostess or manager to re-activate
the wristband for additional ounces.
➢ Employees are provided training on proper beverage handling and controls.
➢ Real Time Business Intelligence tracks every ounce poured for every wristband
➢ The dispense technology is designed to objectively and automatically discontinue
service of a patron upon reaching 32oz of beer, or 10oz of wine.
➢ These mandated limits, in most cases are stricter and more regulated than current
traditional bar service.
➢ The technology is also designed to automatically suspend an RFID device at the end of
each day to ensure taps cannot be used by an unauthorized patron at a future date and
time.
33
Indoor Golf and Self Pour Taproom
➢ Beverage Governance cont’d
➢ In most US States it is illegal for an operator to provide free samples of alcohol to
patrons.
➢ The iPourIt self-serve technology eliminates this practice and thereby creates a
transaction for every ounce poured. It also enables (tracked) sampling of many
products, one at a time, without over-consumption.
➢ The self-serve beverage dispense technology is designed to be flexible, and may be
programmed with objective rules for each individual operator in order to adhere to
local laws.
34
Indoor Golf and Self Pour Taproom
➢ Food Service
➢ Food Offerings
➢ Flat Bread
➢ Brick Oven Pizza
➢ Paninis
➢ Soft Drinks (available on tap wall)
➢ Simplified menu keeps down costs
➢ Quick order turnaround
➢ 1-2 staff to prepare / deliver orders
➢ Simpler raw materials management
➢ Menu choices ensure no need for grease traps and exhaust
hoods
35
Indoor Golf and Self Pour Taproom
➢ Differentiators
➢ Self Pour allows the individual patron to control the timing and delivery of their
beverage choices.
➢ No waiting on a bar tender or waitress for a drink
➢ Patron can sample small quantities of numerous craft beers to find a favorite.
Their end-of-night receipt display the names of the beers they consumed and the
quantities consumed
➢ A golfer can refresh their drink while they await their turn on the mat. Creates
movement and social interaction in the space.
➢ Indoor golf bays are not dependent on the weather. Year round climate controlled and
consistent experience.
➢ Self order kiosks allow patrons to order food without the need to wait for a waitress to
take order.
➢ Self Pour and Kiosk based Food ordering reduces staffing needs. Lower labor reduces
overhead and management complexity
➢ Self pour ensure less waste of draft beer, because the patron is charged for every ounce
they pour. They are self motivated to control waste.
36
Example of Golf Bays
37
Example of Tap Wall
38
RFID Wristband & Tap/Screens
39
Example of Indoor Golf Bays
40
ORDINANCE 2022-18
Sponsor: Peterson
AN ORDINANCE AMENDING THE HENDERSONVILLE MUNICPAL CODE, TITLE
14, CHAPTER 1, MUNICIPAL PLANNING COMMISSION, AND TITLE 14, CHAPTER
2, ZONING ORDINANCE
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the
Hendersonville Municipal Code, Title 14, Chapter 1, Municipal Planning Commission, and Title
14, Chapter 2, Zoning Ordinance, is amended as follows:
14-101. Creation and Membership. Pursuant to the provisions of Tennessee Code
Annotated § 13-4-101, there is hereby created a Municipal Planning Commission, hereinafter
referred to as the Planning Commission. The Planning Commission shall consist of nine (9)
members; two (2) of these shall be the Mayor and another member of the Board of Mayor and
Aldermen selected by the Board of Mayor and Aldermen; The other seven (7) members shall be
appointed by the Mayor. All members of the Planning Commission, with the exception of the
Mayor and Board of Mayor and Aldermen representative, shall be compensated at a rate of two
hundred dollars ($200) per month. Except for the initial appointments, the terms of the seven (7)
members appointed by the Mayor shall be for three (3) years each. The seven (7) members first
appointed shall be appointed for terms of one (1), two (2), and three (3) years respectively so the
term of one (1) member expires each year. The terms of the Mayor and the member selected by
the Board of Mayor and Aldermen shall run concurrently with their terms of office. Any vacancy
in an appointive membership shall be filled for the unexpired term by the Mayor. The new
members shall be appointed to the terms as follows:
1. One (1) member shall be appointed to a term to expire on July 1, 1989;
2. One (1) member shall be appointed to a term to expire on July 1, 1990; and
3. One (1) member shall be appointed to term to expire on July 1, 1991. (Ordinance 1969-4,
August 1969, as amended by Ordinance 1983-24, October 1983, and Ordinance 1988-79,
July 1988, modified, Ordinance 2005-27, August 2005, Ordinance 2007-15, June 2007).
14-102. Organization, Powers, Duties, Etc. The Planning Commission shall be organized
and shall carry out its powers, functions, and duties in accordance with all applicable provisions
of Tennessee Code Annotated, Title 13. (Ordinance # 1969-4, August 1969).
14-201. Land Use to be governed by Zoning Ordinance. Land use within the City of
Hendersonville shall be governed by the Ordinance 2019-45, Titled “Zoning Ordinance,
Hendersonville, Tennessee,” and any amendments thereto.
This Ordinance shall take effect at the earliest date allowed by law.
First Reading: July 26th, 2022, Passed
Second Reading: _________________
41
O22-18
Page 2
APPROVED:
______________________________
JAMIE CLARY, Mayor
ATTEST:
__________________________________
ROBERT MANNING, City Recorder
Approved as to form and legality:
__________________________________
JOHN R. BRADLEY, City Attorney
42
O22-18
Page 3
LEGISLATIVE HISTORY
Ordinance 2022-18
Sponsor: Peterson
Committee: General
Date of Committee Meeting: July 12th, 2022
Committee Recommendation:
First BOMA Reading: July 26th, 2022
Vote: Aye: Brown, Collins, Cunningham, Dixon, Edwards, Hayes, Peterson, Phillips, Roberson,
Skidmore, Waters, and Clary. Nay: None. Absent: Petrelli. Motion carried.
Second BOMA Reading: September 13th, 2022
43
DATE: September 13, 2022
ORDINANCE/RESOLUTION # Ordinance 2022-18
An Ordinance amending the Hendersonville Municipal
SPECIFIC REQUEST/
RECOMMENDATION:
Code, Title 14, Chapter 1, Municipal Planning Commission,
and Title 14, Chapter 2, Zoning Ordinance
STAFF
REPORT
REPORT PREPARED BY: Keith L. Free, MLA, AICP, Planning Director
BACKGROUND: 1
On February 23, 2022, the Local Government Policy Advisory Committee (LGPAC), which is part of the
Tennessee Economic and Community Development Department, adopted a resolution that allowed the
City of Hendersonville to change their former Regional Planning Commission to a Municipal Planning
Commission at the City’s request. This was generally done as a result of Sumner County reestablishing
County zoning in the Sumner County Planning Regions in 2020, which reduced City planning authority in
these areas to subdivision regulation review for plats. This approval for the official transition to a
Municipal Planning Commission went into effect on March 1, 2022.
The recent dissolution of the City of Hendersonville’s Planning Region prompted revisions to the
Hendersonville Planning Commission’s name and By-Laws, which consequently prompted revisions to the
Hendersonville Municipal Code.
DISCUSSION: 2
The project went before General Committee on July 12, 2022, and was approved:
MOTION AND VOTE:
Hayes moved and seconded by Waters. Approved unanimously.
The project went before the Board of Mayor and Aldermen for its first reading on July 26, 2022, and was
approved:
MOTION AND VOTE:
Peterson moved; Hayes seconded a motion to approve Ordinance 2022-18 on first reading.
There was unanimous vote to approve the Ordinance with Petrelli absent.
FISCAL IMPACT: 3
n/a
44
ORDINANCE #2022-18 2
ADDITIONAL INFORMATION / PHOTOS: 4
n/a
ATTACHMENTS: 5
• Ordinance 2022-18
45
14-1
Revised 05/2022
TITLE 14
ZONING AND LAND USE CONTROL
CHAPTER
1. MUNICIPAL PLANNING COMMISSION
2. ZONING ORDINANCE
CHAPTER 1
REGIONAL MUNICIPAL PLANNING COMMISSION
SECTION
14-101 | Creation and membership
14-102 | Organization, Powers, Duties, Etc.
14-101 | Creation and membership.
Pursuant to the provisions of Tennessee Code Annotated § 13-4-101, there is hereby created a regional
Municipal Planning Commission, hereinafter referred to as the Planning Commission. The Planning
Commission shall consist of ten (10) nine (9) members; two (2) of these shall be the Mayor and another
member of the Board of Mayor and Aldermen selected by the Board of Mayor and Aldermen; The other
three (3) seven (7) members shall be appointed by the Mayor. All members of the Planning
Commission, with the exception of the Mayor and Board of Mayor and Aldermen representative, shall
be compensated at a rate of two hundred dollars ($200) per month. Except for the initial appointments,
the terms of the three (3) seven (7) members appointed by the Mayor shall be for three (3) years each.
The three (3) seven (7) members first appointed shall be appointed for terms of one (1), two (2), and
three (3) years respectively so that the term of one (1) member expires each year. The terms of the
Mayor and the member selected by the Board of Mayor and Aldermen shall run concurrently with their
terms of office. Any vacancy in an appointive membership shall be filled for the unexpired term by the
Mayor. The new members shall be appointed to the terms as follows:
1. One (1) member shall be appointed to a term to expire on July 1, 1989;
2. One (1) member shall be appointed to a term to expire on July 1, 1990; and
3. One (1) members shall be appointed to term to expire on July 1, 1991. (Ordinance# 1969-4,
August 1969, as amended by Ordinance # 1983-24, October 1983, and Ordinance # 1988-79, July
1988, modified, Ordinance # 2005-27, August 2005, Ordinance #2007-15, June 2007).
46
14-102 | Organization, Powers, Duties, Etc.
The Planning Commission shall be organized and shall carry out its powers, functions, and duties in
accordance with all applicable provisions of Tennessee Code Annotated, Title 13. (Ordinance # 1969-4,
August 1969).
47
14-2
Revised 5/2022
CHAPTER 2
ZONING ORDINANCE
SECTION
14-201 | Land Use to be governed by Zoning Ordinance.
14-201 | Land Use to be governed by Zoning Ordinance.
Land use within the City of Hendersonville shall be governed by the Ordinance number 2014-3 2019-45,
Titled “Zoning Ordinance, Hendersonville, Tennessee,” and any amendments thereto.
______________________
1
Ordinance Number 2014-3 2019-45, and any amendments thereto, are published as separate
documents and are of record in the office of the City Recorder.
48
ORDINANCE 2022-20
Sponsor: Brown
AN ORDINANCE APPROPRIATING FUNDS FOR PARKS IMPROVEMENTS
WHEREAS, on June 28, 2022, the Board of Mayor and Aldermen passed Resolution
2022-32 which repealed Resolution 2017-43 with respect to funds preserved for land
acquisition;
WHEREAS, as a result of the repeal of Resolution 2017-43, the sum of $193,487 has
became available for appropriation from the City’s General Fund; and
WHEREAS, the City wants to appropriate this money for parks improvements:
NOW, THEREFORE, BE IT ORDAINED by the Board of Mayor and Aldermen of
the City of Hendersonville, Tennessee, that $193,487 is hereby appropriated from the
General Fund with $80,000 being appropriated for lights at Volunteer Park at Arrowhead
and $113,487 being appropriated for improvements to the shelters, bathrooms and items
in disrepair at Sander Ferry Park.
This ordinance shall take effect at the earliest date allowed by law.
1st Reading: August 9th, 2022, Passed
2nd Reading: ______ APPROVED:
_____________________________
ATTEST: JAMIE CLARY, Mayor
____________________
ROBERT MANNING, City Recorder
APPROVED AS TO FORM:
____________________________________
JOHN R. BRADLEY, City Attorney
49
LEGISLATIVE HISTORY
Ordinance 2022-20
Sponsor: Brown
Committee: Public Works
Date of Committee Meeting: July 26th, 2022
Committee Recommendation: Yes
Committee: Finance
Date of Committee Meeting: July 26th, 2022
Committee Recommendation: Yes
First BOMA Reading: August 9th, 2022
Vote: Aye: Brown, Collins, Cunningham, Dixon, Edwards, Hayes, Peterson, Petrelli,
Phillips, Roberson, Skidmore, Waters, and Clary. Nay: None. Motion carried.
Second BOMA Reading: September 13th, 2022
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DATE: September 13th, 2022
ORDINANCE/RESOLUTION # Ordinance 2022-20
That the Board of Mayor and Alderman amend the FY23
SPECIFIC REQUEST/
RECOMMENDATION:
Budget to appropriate an additional $193,487 for park
improvements
STAFF
REPORT
Jesse Eckenroth – Chief of Operations
REPORT PREPARED BY:
Andy Gilley – Parks Director
BACKGROUND: 1
Resolution 2017-43 was adopted by BOMA in 2017 for the purpose of setting aside funds to acquire land.
The resolution recommended an annual set-aside of 1% of the previous years’ operating budget. In June
of 2022, Resolution 2022-32 repealed Resolution 2017-43. At the time Resolution 2017-43 was repealed
there was a balance of $193,487 being set-aside for land acquisition. The balance of funds being set-
aside was absorbed into the unassigned fund balance of the General Fund.
DISCUSSION: 2
The previously set-aside funds have no current restriction or assignment for use. Two specific park
improvements have been identified as a potential use of the unassigned $193,487.
Item #1 – Athletic field lights for the west half of the grass field at Volunteer Park. There are two light
poles on the east side of the field, but the west half has no lights and is poorly lit from the lights on the
east side of the field. Estimated cost - $80,000.
Item #2 – Maintenance of the shelters and bathrooms at Sanders Ferry Park. Maintenance to include
roofing, painting, clean-up and general/cosmetic repair work. Estimated cost - $110,000.
Residual funds, if any, would be used for other park maintenance needs.
FISCAL IMPACT: 3
Passing of Ordinance 2022-20 would appropriate an additional $193,487 for park maintenance and
improvements. Utilization of the funds requires a budget ordinance to appropriate the funds but would
not affect the bottom line of the budget since the funds were held as an existing reserve and have since
been absorbed into the unassigned balance of the General Fund.
ATTACHMENTS: 4
Attachment 1 – Proposed location for lights at Volunteer Park Attachment 2 – Pictures of maintenance
priority areas at Sanders Ferry Park shelters
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Volunteer Park
ATTACHMENT #1
PROPOSED
EXISTING
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ATTACHMENT #2
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RESOLUTION 2022-38
Sponsors: Hayes, Collins, Petrelli, Cunningham, and Brown
A RESOLUTION CONDEMNING HATE GROUPS AND HATE CRIMES WITHIN THE
HENDERSONVILLE COMMUNITY
WHEREAS, the City of Hendersonville was recently named the 16th best city in which to live in
the United States according to Money Magazine;
WHEREAS, kindness, civility, and humanity are hallmarks of our great community, and should
always be encouraged;
WHEREAS, we strive to be a welcoming community to all who come here to live, work, or
play; and
WHEREAS, hatred has no place in our fine community:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that we as a city
strongly denounce and condemn hate groups, hate crimes, and all activities involving hate groups
in our city.
ADOPTED this the ___ day of _________, 2022.
APPROVED:
__________________________
JAMIE CLARY, Mayor
ATTEST:
__________________________________
ROBERT MANNING, City Recorder
APPROVED AS TO FORM:
__________________________________
JOHN R. BRADLEY, City Attorney
59
LEGISLATIVE HISTORY
Resolution 2022-38
Sponsors: Hayes, Collins, Petrelli, Cunningham, and Brown
Committee: General
Date of Committee Meeting: August 9th, 2022
Committee Recommendation: Yes
BOMA Reading: September 13th, 2022
60
RESOLUTION 2022-39
Sponsor: Brown
A RESOLUTION AUTHORIZING THE MAYOR TO REQUEST GRANT FUNDS FROM
THE TENNESSEEE DEPARTMENT OF ENVIRONMENT AND CONSERVATION FOR
PARKS PROJECTS
WHEREAS, the Parks Department has applied for a Local Parks and Recreation Fund Grant
from the Tennessee Department of Environment and Conservation (“TDEC”) that requires 50%
in matching City funds;
WHEREAS, the Grant is to construct a multi-purpose artificial turf athletic field in Drakes
Creek Park, to fund the installation of LED lights for this new field, and to install LED lights on
one Rugby Field;
WHEREAS, the Board of Mayor and Aldermen in its annual operation budget appropriated
$500,000 to serve as matching funds for parks grants; and
WHEREAS, TDEC is offering an additional $250,000 in funding with a 50 percent match from
the city, contingent on the Mayor requesting such funds:
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND
ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the mayor is
authorized to request additional grant funds as set forth herein, and the Board agrees to
appropriate additional funds for matching the TDEC grant, if necessary.
This resolution shall take effect upon passage.
Adopted this _____ day of September, 2022.
APPROVED:
______________________________
JAMIE CLARY, Mayor
ATTEST:
_______________________________
ROBERT MANNING, City Recorder
APPROVED AS TO FORM:
________________________________
JOHN R. BRADLEY, City Attorney
61
LEGISLATIVE HISTORY
Resolution 2022-39
Sponsor: Brown
Committee: General
Date of Committee Meeting: September 13th, 2022
Committee Recommendation:
BOMA Reading: September 13th, 2022
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DATE: 09/13/2022
ORDINANCE/RESOLUTION # Resolution 2022-39
That the BOMA approve $250,000 in additional LPRF grant
SPECIFIC REQUEST/
RECOMMENDATION:
funds and give the Mayor authority to authorize such
request. STAFF
REPORT PREPARED BY: Andy Gilley – Parks Director REPORT
BACKGROUND: 1
In meetings with TDEC prior to signing the contracts for the LPRF Grant that the Parks Department
received for $1,000,000 (50/50 matching funds), TDEC officials are allowing cities to take advantage of up
to 25% ($250,000) of additional matching funds due to the length of time it has taken since applications
were first turned in and cost estimates were based on 2020 data.
DISCUSSION: 2
The city is responsible for completing the following projects that were in the LPRF Grant Application:
1. LED lights on one Rugby Field
2. LED lights on two lights poles to completely light Drakes Creek Park Soccer Field #4
3. Installation of Turf Multi-purpose Field at Drakes Creek Park Soccer Field #4
4. ADA Improvements for viewing areas at Drakes Creek Park and Rugby
Taking advantage of TDEC’s offer for a 25% increase in funding, at a 50/50 match, would minimize the
city’s risk for project cost overruns. There is no requirement to utilize the additional funds, all unused
funds will revert to TDEC. This is not an appropriation of funds and if it is determined, after the sealed
bids of the projects are opened, that additional funding is need then an appropriation ordinance would
be presented to BOMA.
FISCAL IMPACT: 3
The maximum impact would be $125,000 of added funding from BOMA ($250,000 with ½ being
reimbursed). The minimum impact would be $0 of added funds. The Parks Department, working with
the Mayor’s Office will be reaching out to the local Civic Groups that would be benefiting from these
upgrades to ensure their commitment to helping with funds towards these projects which would lessen
the amount the City would be responsible for.
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Mayoral Report—Use of Car Allowance
August 3, 2022 – September 8, 2022
Walton Ferry Elementary School
Indian Lake Elementary School
Nannie Berry Elementary School
Gene Brown Elementary School
Bluegrass Country Club
Lili Bella’s
Hendersonville Memory Gardens
Glen Anderson’s house on Forest Retreat Road
MACC
Hendersonville Church of God
Bluegrass Country Club
B3 Studio/Gallatin
The Gathering Place
Strike and Spare
Our Lady of the Lake Catholic Church
Resource Authority of Sumner County
Bluegrass Country Club
Sumner County Administrative Building
Sumner County Administrative Building
Chamber of Commerce
GNRC at Tennessee Library and Archives
Love My Dog on Elnora Drive
Shalom Zone
American Job Center
Community Church of Hendersonville
The Gathering Place in Gallatin
Bluegrass Country Club
Cole Drive
Anchored Nutrition
Library
PNC Bank
Chamber of Commerce
Music City Diner
Wells Fargo
Fire Hall 7
Bluegrass Country Club
Stompin Grounds
Bluegrass Country Club
Invisible Smiles
172 Allen Drive
HPD
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