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Board of Mayor & Aldermen

Regular Meeting

Hendersonville, TN · September 13, 2022

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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, MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE2 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 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE3 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 MINUTES OF REGULAR MEETING 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 MINUTES OF REGULAR MEETING 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). MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE6 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 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE7 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 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE8 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. 2 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 1 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 3 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 2 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. 4 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 3 • 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 5 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 4 • 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. 6 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 5 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. 7 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 6 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. 8 MINUTES OF REGULAR MEETING AUGUST 9, 2022 PAGE 7 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 50 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 51 Volunteer Park ATTACHMENT #1 PROPOSED EXISTING 52 ATTACHMENT #2 53 54 55 56 57 58 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 62 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. 63 64 65 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 66

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