Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN September 27th, 2022, at 7:00 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Mayor II. Acceptance of agenda III. Presentations IV. Public Hearing V. Minutes A. Approval of the September 13th, 2022, meeting minutes 3-10 VI. Citizens Comments VII. Consent Agenda VIII. Ordinances and Resolutions Skidmore, 1. First reading of Ordinance 2022-22, an ordinance regarding the office of City Attorney 11-15 Cunningham, and Waters Brown 2. Reading of Resolution 2022-40, a resolution ratifying the Parks Department Special Event 16-29 Application Handbook approved by the Parks Board IX. Other Agenda Items 3. Vote on the reappointment of Dale Duhl to the Municipal Board of Zoning Appeals 30 4. Vote on the appointment of Colin Zimmerman to the Deer Herd Monitoring and 31 Control Committee X. Reports 5. Brief Committee Reports: 1. Finance – Cunningham 2. Public Works – Skidmore 6. Chief of Operations Report 7. Mayoral Report (information included in packet) 32 8. Deer Discussion 1  XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda A. Consideration of the reappointment of John Zobl to the Industrial Development Board B. Consideration of the reappointment of Rene Shepherd to the Arts Council C. Consideration of the appointment of Phillip Fryman to the Arts Council D. Consideration of the appointment of Robert Cox to Beautiful Hendersonville E. Consideration of the appointment of Sylvia Stumpfig 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 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 HAYES, ALDERMAN LORI PHILLIPS, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN JOHN BRADLEY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT- KAREN DIXON, 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, 3 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 2 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 (18th) 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.holidayfesttn.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 September17 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 235th 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 4 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 3 observed every year during the week of September 17th through September 23rd. • 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 5 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 4 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 1st 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 6 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 5 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). 7 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 6 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 8 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 7 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 9 MINUTES OF REGULAR MEETING SEPTEMBER 13, 2022 PAGE 8 8:36 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 10  ORDINANCE 2022-22 Sponsors: Skidmore, Cunningham, and Waters AN ORDINANCE REGARDING THE OFFICE OF CITY ATTORNEY NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, as follows: SECTION ONE: H.M.C. § 1-301 is amended to read as follows: 1-301 Qualifications and election. (a) The city attorney shall be an attorney-at-law entitled to practice in the courts of the state. (b) The city attorney shall be elected by the board of mayor and aldermen and shall serve at the pleasure of the board. SECTION TWO: H.M.C. § 1-302 is amended to read as follows: 1-302 Duties and compensation. (a) The city attorney shall: (1) Direct the management of all litigation in which the city is a party, including the functions of prosecuting attorney in the city courts; (2) Represent the city in all legal matters and proceedings in which the city is a party or interested, or in which any of its officers are officially interested; (3) Attend all meetings of the board of mayor and aldermen, and other meetings, including committee meetings, as requested; (4) Advise the board of mayor and aldermen and its members, advise the chief of operations, and advise all department heads as to legal questions affecting the city's interest; and (5) Approve as to form all contracts, deeds, bonds, ordinances, resolutions and other documents to be signed in the name of or made by or with the city. (b) The city attorney shall receive compensation as fixed by the Board of Mayor and Aldermen in its annual operating budget. 11 1st Reading: ______________ 2nd Reading: APPROVED: _____________________________ JAMIE CLARY, Mayor ATTEST: ____________________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM: ____________________________________ JOHN R. BRADLEY, City Attorney 12  LEGISLATIVE HISTORY Ordinance 2022-22 Sponsors: Skidmore, Cunningham, and Waters Committee: General Date of Committee Meeting: September 13th, 2022 Committee Recommendation: Yes First BOMA Reading: September 27th, 2022 13 DATE: September 27th, 2022 ORDINANCE/RESOLUTION # Ordinance 2022-22 That the Board of Mayor and Alderman amend the SPECIFIC REQUEST/ Hendersonville Municipal Code Title 1, Chapter 3, Sections RECOMMENDATION: 1 and 2, updating employment criteria and duties of the STAFF City Attorney. REPORT REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations BACKGROUND: 1 The Hendersonville Municipal Code (HMC) was amended in 1991 to provide employment details with respect to the City Attorney. Section 1-301 and Section 1-302 have not been modified since Ordinance 1991-30 in July of 1991. DISCUSSION: 2 The city’s attorney, John Bradley, has been the sole attorney to operate under the current municipal code requirements. Although Mr. Bradley has served the city with steadfast faithfulness and upheld all the requirements of employment, he is embarking on a new chapter in life and will be handing over the reins as City Attorney. The city held a workshop on August 31 to discuss the details surrounding the City Attorney recruitment. As a result of the discussion an amendment to the municipal code was drafted by Mr. John Bradley to update: 1. Minimum qualifications and election 2. Duties If the proposed amendment is passed, the current Chapter 3 will be replaced, in its entirety, by Ordinance 2022-22. The purpose of the amendment is to broaden the pool of potential candidates and give the city more discretion in selecting the most qualified candidate. FISCAL IMPACT: 3 This amendment allows the BOMA to set the pay rate for the City Attorney; no current fiscal impact. ATTACHMENTS: 4 Attachment 1 – Hendersonville Municipal Code, Title 1 General Administration, Chapter 3. 14 15  RESOLUTION 2022-40 Sponsor: Brown A RESOLUTION RATIFYING THE PARKS DEPARTMENT SPECIAL EVENT APPLICATION HANDBOOK APPROVED BY THE PARKS BOARD WHEREAS, H.M.C. Section 2-202(1) gives the Board of Parks and Recreation (the “Parks Board”) the authority to formulate policies and procedures for the park and recreation system, subject to the approval of the Board of Mayor and Aldermen; and WHEREAS, the Parks Department Special Event Application Handbook has been promulgated by staff and unanimously approved by the Parks Board: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the Parks Department Special Event Application Handbook attached hereto is hereby approved. This resolution shall take effect upon passage. Adopted this _____ day of September, 2022. APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor ______________________________ ROBERT MANNING, City Recorder APPROVED AS TO FORM AND LEGALITY: ___________________________________ JOHN R. BRADLEY, City Attorney 16  LEGISLATIVE HISTORY Resolution 2022-40 Sponsor: Brown Committee: General Date of Committee Meeting: September 13th, 2022 Committee Recommendation: Yes Committee: Public Works Date of Committee Meeting: September 27th, 2022 Committee Recommendation: BOMA Reading: September 27th, 2022 17 DATE: 09/27/2022 ORDINANCE/RESOLUTION # Resolution 2022-40 Request that BOMA consider voting to adopt the updated SPECIFIC REQUEST/ RECOMMENDATION: version of the Parks Department Special Event Application and updated fee schedule contained within. STAFF REPORT REPORT PREPARED BY: Andy Gilley – Parks Director BACKGROUND: 1 The Parks Department has worked over the past year to update policies and procedures and also address needed fee increases in certain areas. DISCUSSION: 2 Policy revisions are highlighted within the attached updated application. They include additional requirements for vendors to leave the park clean as they found it, for event organizers of large events to meet with Parks Staff, Fire and Police prior to event being considered by the Parks Board, updated fees for event organizers, requirements for portable restrooms for larger events, and other misc. changes that are highlighted in the application. The Parks Board voted unanimously to recommend these updates. FISCAL IMPACT: 3 Increased fees will have a small positive impact on the collection of revenue to the general fund. Updated policies are put in place to help staff with reduced time picking up trash after events and hopefully address maintenance issues with restrooms during larger events. ADDITIONAL INFORMATION / PHOTOS: 4 N/A ATTACHMENTS: 5 • Event application with updated revisions highlighted 18  City of Hendersonville Special Event Handbook & Application Revised 8/16/22 19 DEFINITION OF SPECIAL EVENT A Special Event shall be defined as any public gathering that is outside the normal usage such as a block party, festival, parade, celebration, concert, tournament or any similar occurrence to be conducted in or on any land that is owned or managed by the City of Hendersonville Parks and Recreation Department. APPLICATION PROCESS Festival/event & tournament organizers must complete and submit a Special Event Application to the Hendersonville Parks and Recreation Department no later than 60 days prior to the scheduled event. All new events must come before the Parks Board for final approval. Application must be in the Parks office a minimum of 10 days prior to the meeting in order to be placed on the agenda. Parks Board meetings are typically the fourth Monday of each month. A representative of the event must be present at the Parks Board meeting in order for event to be considered for approval. Special exceptions will be reviewed on a case by case basis. APPLICATION INSTRUCTIONS These instructions are intended to help you complete the Special Event Application and any other associated forms. Please take the time to read these instructions prior to completing your application. If you have any questions, please do not hesitate to contact us. All information must be legibly printed in ink. It is very important that our agency and others be able to read the information. Return applications by mail or email to: Hendersonville Parks Department ATTN: Wade Evans, Special Events Program Manager Email: wevans@hvilletn.org 101 Maple Drive North Hendersonville, TN 37075 Please feel free to contact us at any time for additional applications or with questions regarding your application between 8:00 am and 4:30 pm, Monday through Friday at (615) 822-3898. The department’s fax number is (615) 590-4621. SPECIAL EVENT APPLICATION All events require the Special Event Application to be completed. You may be required to complete other forms depending on the size and/or features of your event. Below are descriptions of each section on the Special Event Application. Please refer to these descriptions while completing your application. If at any time the application form doesn’t provide adequate space, provide the additional information on a separate sheet and write “see attached” on the application form. When additional sheets are attached, place the event name and event date at the top of each additional sheet. APPLICANT INFORMATION Event Name: Enter the name of your event. This name should be the one that you are using to advertise your event. Event Producer: Enter the name of the organization, corporation, neighborhood group, etc. that is producing the event. Primary Contact: Enter the name of the primary person who is to be contacted regarding the application or event. Address, City, State, and Zip: Enter the mailing address information of the event producer in these blanks. Phone (Work, Home, Cell and Fax): Enter the primary contact’s telephone numbers. It is important that the city can contact these person(s) at all times during the event. Email: Enter the primary contact’s email address. 2 20 EVENT INFORMATION Event Type: Check the box(es) that applies Event Location: Check the box(es) that applies Fields Requested: Check the box(es) that applies Event Date(s): Enter the date(s) that the event will be open and closed for attendance. Estimated Attendance: Enter the estimated number of attendees/teams you are expecting for the entire event. Peak Attendance: Enter the estimated highest number of attendees/teams you are expecting at any one time during the event. Hours of Operation: Enter the hours the event will be open. If open multiple days, list hours separately for each day. Site Preparation: Enter the date and time you will start to prepare the event site. If no preparation is necessary, enter “N/A”. Event Description: Enter a brief description of event. Please describe any unique characteristics of your event. Requested Services: Check all the needs, services or features that you are requesting of the Parks Department. Will an admission fee be charged? Please indicate if an admission fee will be charged. If yes, indicate the amount of the fee or fees. Is the Event: Check if the event is either For Profit, Not for Profit or a Charitable Fundraiser. If selecting Not for Profit, the organization must be recognized by the Internal Revenue Service as a non-profit organization and must provide proof of this in the form of the Federal ID# and/or a copy of the IRS exempt statement. If the event is a Charitable Fundraiser, the application must be accompanied by proof of Charity that will be receiving the profit. RAIN/CANCELLATION POLICY Describe your rain or cancellation policy if you have one. Also, provide alternative dates, times and locations. The Hendersonville Parks Department reserves the right to close fields/courts or cancel event for weather related issues. • Should severe weather occur during the event, please follow this policy regarding lightning detection THORGUARD SYSTEM Beginning spring 2019 the Hendersonville Parks Department and all operating athletic leagues, programs, and events will use the ThorGuard Lightning System, an Advanced Warning System, to monitor and detect lightning throughout Drakes Creek, Memorial, Veteran's, and Volunteer at Arrowhead parks. All Players and Parents are to understand how the ThorGuard Lightning system works and follow the rules and regulations that the system has put forth. HOW IT WORKS This system is installed on top of our Drakes Creek Parks maintenance building located in the middle of the park between the two softball/baseball quads. This system will detect lightning within a few miles of the complex. 3 21 - The system will alert all participants in the park when conditions become hazardous and lightning is detected within a 2-mile radius of the park. - When lightning is detected, a 15 second Warning Horn will Sound and the Strobe lights will flash (located on top of maintenance building) - All players and visitors in the park, must take shelter in their cars. DO NOT wait under trees, picnic canopies, or concession building overhangs. - When it is safe to return to the fields, a 3 consecutive horns will sound and the strobe light will turn OFF. INCLEMENT WEATHER PROCEDURE 1. During Lightning Alerts we ask that ALL INDIVIDUALS remain in their vehicles or inside until further notice. 2. During Lightning Alerts we ask that PARENTS ARE PRESENT with their vehicles in the Sports Complex to provide a safe place for their child to wait during weather delays. Waiting under the picnic overhang or outside will not reduce the chances of getting struck by lightning. All players are asked to be in the safest possible place at all times. 3. Players are asked to wait in their vehicles until the following notifications: - The sounding of the ThorGuard Siren indicates it's safe to be outside and the strobe light turns off. PLEASE refer to each independent leagues policies and procedures regarding lightning detection policy and resuming play beyond the Hendersonville Parks procedures listed above. SECURITY It is the responsibility of the applicant/event producer to provide adequate security for the event. The type and location of the event, availability of sufficient City police personnel, and other factors will determine the amount of security required at any event. The Hendersonville Police Department staff assigned to a particular event will have the sole discretion in all matters regarding security, traffic and crowd control at special events in the City of Hendersonville. The event producer will be responsible for obtaining extra security personnel for the following responsibilities: - Gate security - Security for VIPs/celebrities - Security of money handling room(s) - Stage security - Overnight security or security outside event hours - Private parking lot security - Security for event equipment, trailers, supplies, etc. EMERGENCY MEDICAL ASSISTANCE Depending on the size and nature of your event, emergency medical services for the event patrons may be required. 4 22 VENDORS Vendors must meet the following requirements below prior to being approved to serve during a special event and/or tournament within the City of Hendersonville’s parks. Additionally, the Parks Department prohibits vendors from setting-up on a regular basis, for any activity other than a special event or tournament. • Vendor Fee of $30 must be submitted to the Parks Department made payable to the “City of Hendersonville”. This fee will be billed in addition to all other event/tournament fees following the completion of the event. The organizer of the event/tournament must collect the fee from the vendors and pay upon due date. (Vendor Fee Adjusted & Passed by Parks Board June 25, 2018 and effective July 1, 2018) • A list of all vendors must be submitted to the Parks Department the week prior to the event/tournament for approval. • The Parks Department will issue a “Special Event Vendor Permit” for all approved vendors, which must be on display at all times during the approved event. • Vendors must provide the Parks Department proof of insurance, in the form of a certificate of Liability Insurance, naming the City of Hendersonville’s Parks Department as additionally insured. • Food vendors must provide the Parks Department a copy of their current food permit. • Vendor is responsible for leaving grounds in their original state. This includes removal of trash, set up, etc. Violators of the above requirements will be removed from the parks and subject to additional fines by the police and/or parks departments. ELECTRICAL SERVICE Please list all booths, inflatables, cooking equipment, etc. that will be requiring the use of electricity at the event. Providing for your electrical needs has certain limitations, depending on where the event is held. If the park property where you are holding your event does not have adequate electrical outlets, the producer of the event is responsible for obtaining the proper power supply to satisfy the needs of the event. This is normally in the form of gasoline powered generators. All electrical issues must be discussed with the maintenance supervisor. INSURANCE The applicant/event producer must comply with the following insurance requirements to be considered for a Special Event. Insurance must be submitted within 14 days of the event to the Hendersonville Parks and Recreation Department. Failure to submit appropriate insurance will result in cancellation of event. The applicant/event producer and the vendors that are contracted by them must purchase and maintain, for the duration of the event including setup and dismantling, the following types of insurance at their own cost and expense: 1.) Comprehensive General Liability Insurance – A general liability insurance policy, or its equivalent, written on an occurrence basis (or yearly basis), with a minimum of $1,000,000 combined single limit of liability per occurrence for bodily injury, personal injury, and property damage is required. If food or beverages are to be served, then product liability coverage must also be included with a minimum of $1,000,000 per occurrence. 2.) Additional Insurance Requirements – the applicant/event producer and all vendors must list the City of Hendersonville as Additional Insured for the event on all insurance policies with regards to event. 5 23 3.) Carnival Rides/Inflatables – The producer must obtain liability insurance to cover any and all carnival rides/inflatables, with a minimum coverage of $1,000,000 per occurrence. The City of Hendersonville reserves the right to require insurance of applicant/event producers and/or vendors for activities other than those specifically mentioned above, or to increase the minimum acceptable limits of liability with reasonable notice to the applicant/event producer. 4.) Live Music – the event producer must obtain all legal approval and verification for use of any live music through the proper music publishing companies. Proof of approval must be submitted to the Hendersonville Parks and Recreation Department prior to event. Failure to obtain permission will result in bands/musicians being removed from event. For all events that have live or amplified sound or music, the applicant/event producer must complete a Sound Permit with the City of Hendersonville. MEETINGS/PREPARATIONS The primary contact for each event is responsible for meeting with the Parks Department either in person, over the phone or electronically in the weeks and days prior to event to update on any needs from the Parks Department. The primary contact is responsible for meeting with the Maintenance Supervisor and Special Event Coordinator prior to event to coordinate any maintenance issues for event that may include extra trash collection, field maintenance, etc. Any and all communication with the Parks Department concerning needs or questions for event is strongly encouraged. Failure to abide by the meeting schedule will result in date being released for the following year. FEES There will be an application fee associated with certain special events based upon the Special Events Coordinator’s discretion. This fee must be paid once the event is approved to secure the date for your event. Fee structures are listed below. It Vendors – payment must be one sum from the producer of event (this fee occurs for ALL events) • $30 flat fee per vendor per event EVENT FEES: Sports Camps: 2 weeks or less • $5 per participant • No fees for school leagues Baseball/Softball/Grass Athletic Fields - • $100 per field / per day for baseball/softball/grass athletic fields • Includes lining and dragging fields one time for the day before games begin • Includes lights for any fields requested • Additional mandatory fee of $100 per Saturday. This would cover (1) maintenance staff person for 4 hours on Saturday for trash, restrooms, etc. • Entire Soccer Complex Weeknight: $750 per day on any weeknight • Entire Soccer Complex Weekend: $1500 for entire weekend (Friday-Sunday) or $100/field/day for one day weekend tournament Inline Hockey - Passed by Parks Board July 26, 2021 and effective immediately • Weekday (Monday – Thursday): $75/rink/day • Weekend (Friday – Sunday): $150 for first rink & $100 for second rink/day 6 24 Tennis • $100 per day + $2 per person head tax. • Same for special event, USTA, or 3rd party event Fishing Tournaments – this includes the use of one shelter – Passed by Parks Board August 22, 2016 and effective August 23, 2016 • 60 Boats or Less- $240 includes Shelter 8 full day rental. • 60-100 Boats- $360 includes Shelter 5 and 8 full day rentals. • 100+ Boats- $480 includes Shelter 5,7, and 8 full day rentals. • $5 per boat fee will be assessed for future Sanders Ferry projects. Other Events – this includes the use of one shelter (where applicable) • $100 for small event (500 people or less) ie: disc golf, movies in the park, arts & entertainment • $250 for large event (more than 500 people) disc golf, movies in the park, arts & entertainment • Heritage Park: $1,000 • Sanders Ferry Park: $1,000 • Inline Hockey Rink (exclusive access) - Monday through Thursday: $15/hr/rink - Friday through Sunday: $25/hr/rink SCHOOL FEES: Passed by Parks Board February 24, 2020 and effective immediately Baseball/Softball/Soccer • $500 per tournament that lasts 5 days or more • $300 per tournament for 4 days or less • Unlimited tournaments per year / per school / per sport at the “school rate” • For baseball & softball, includes lining and dragging one time for the day before games begin Fishing Tournaments • $100/tournament Cross Country • $250/meet Lacrosse/Rugby/Ultimate Frisbee • $75/field/day Inline Hockey Passed by Parks Board July 26, 2021 and effective immediately • Monday – Thursday: $10/rink/hr -(Max=$50/rink) • Friday – Sunday: $20/rink/hr -(1 rink = $100 MAX) -(2 rinks = $150 MAX) Note: Fees for any tournament shortened due to inclement weather will be adjusted as needed by Director and Staff. 7 25 ADDITIONAL ITEMS • All events MUST submit a layout plan with their application for approval of event • Effective 8/1/2022 all dirt field tournaments will have a start time of no earlier than 9:00 AM. The last regularly scheduled game will be no later than 8:30 PM. • Any adjustments to this schedule must be approved by the Parks Staff. • Scoreboard controllers are available for use. Controllers must be returned to designated spot at the end of each day, which will be determined by the Parks Staff. Failure to return controllers will result in inspection of controllers for damages or repairs. The event manager or company will be responsible for any repairs or replacements. • Any event at Sanders Ferry Park will require 2 additional portable restrooms to be provided per 500 persons. (1000= 4 portable restrooms, 1500= 6 portable restrooms, ETC.) • The event will be expected to contribute a donation or fee to the Parks or local non-profit organization that is either: o Recognized by the city’s non profit committee o Currently using the Hendersonville Parks for play o Has a physical address in Hendersonville. MEETING WITH FIRE, POLICE, and PARKS • All events, apart from team sports, with an estimated 2,500 plus attendees will require an additional meeting with members of the Fire, Police, and Parks department. 8 26  Special Event Application APPLICANT INFORMATION EVENT NAME: EVENT PRODUCER: PRIMARY CONTACT: ADDRESS: CITY: STATE: ZIP: PHONE: CELL: HOME: EMAIL: EVENT INFORMATION EVENT DATE(S): HOURS OF EVENT: TOTAL ATTENDANCE: MIN #:_________________________ MAX #: WILL THIS BE AN ANNUAL EVENT?  NO  YES EVENT TYPE: Athletic Festival Camp Walk/Run Tournament Concert Fishing Wedding Other Tournament EVENT LOCATION: Drakes Creek Memorial Sanders Ferry Veterans Heritage Park Volunteer Park Rugby Park Other FACILITIES REQUESTED:  DC#1  DC#2  DC#3  DC#4  DC#5  DC#6  DC#7  DC#8  DC#9  DC#10  DC#11  DC#12  DC#13  VET#1  VET#2  VET#3  DC FOOTBALL  MEMORIAL FILED  DC FRONT SOCCER  DC BACK SOCCER  VPA SOCCER  RUGBY COMPLEX  INLINE HOCKEY  TENNIS COURTS  GREENWAY TRAIL  GREENSPACE  SHELTERS  OTHER SITE PREPARATION DATE & NEEDS:_________________________ 9 27 WILL EXTRA FIELD MAINTENANCE BE NEEDED DURING THE EVENT?  NO  YES IF YES, PLEASE PROVIDE DATES & TIMES REQUESTED:__________________________________________________ REQUESTED SERVICES:  EXTRA GRASS CUTTING  EXTRA PICNIC TABLES  EXTRA TRASH CANS  EXTRA RESTROOM FACILITIES  RESTROOM MAINTENANCE  TRASH COLLECTION  CONCESSIONS  EXTRA FIELD MAINTENANCE  PARKS DEPARTMENT STAFF  OTHER_____________________________ ELECTRICAL SERVICES- List all booths, inflatables, cooking equipment, timing equipment, etc. that will be requiring the use of electricity at the event: VENDORS- List all vendors by name, address, and contact number along with the products and/or services that they will be providing at the event: EVENT DETAILS: GIVE A BRIEF DESCRIPTION OF THE PROGRAM: LIST THE BENEFITS THIS EVENT WILL PROVIDE IT’S PARTICPANTS: ALCOHOL SALES: WILL THERE BE ALCOHOL SERVED AT THE EVENT?  NO  YES IF YES, PLEASE LIST WHO WILL BE USED AS SERVERS: __________________________________________________ PLESE INDICATE THE TYPE(S) OF ALCOHOL THAT WILL BE SERVED:  BEER  WINE  LIQUOR I confirm have read and agree to the Parks Guidelines and Handbook for alcohol sales in city park facilities, as well as receive official approval and permit from the Beer Board prior to the event?  NO  YES SAFETY & EMERGENCY FACTORS: RAIN/CANCELLATION POLICY: Is there a rain policy for your event? If yes, please give a brief description along with optional date(s) and time(s) WILL EMERGENCY MEDICAL ASSISTANCE BE PROVIDED?  NO  YES LIST PROVIDER:_____________________ PROGRAM FINANCIALS: WILL THERE BE A PRE-REGISTRATION FEE CHARGED FOR THIS EVENT?  NO  YES AMOUNT 10 28 WILL THERE BE A PARKING AND/OR GATE FEE CHARGED FOR THIS EVENT?  NO  YES AMOUNT IS THIS EVENT:  FOR PROFIT  NOT FOR PROFIT  CHARITABLE FUNDRAISER List the Non-Profit Organization that will benefit as the partner of this event:_______________________________ List the donation amount and/or fees that will benefit the Non-Profit Organization:__________________________ PLEASE RESPOND TO EACH OF THE FOLLOWING: I understand the event will be expected to contribute a donation or fee to the Parks or local non-profit organization that is either recognized by the city’s non-profit committee, currently using the Hendersonville Parks for league play, or has a physical address in Hendersonville.  NO  YES I understand that I will be required to provide a current certificate of insurance naming the City of Hendersonville as an “additional insured” and accept all responsibility prior to the event taking place.  NO  YES I understand that I will be required to provide the Parks Department a list of all vendors, their current certificate of insurance naming the City of Hendersonville as an “additional insured”, and ensure they pay the $30 vendor fee prior to event set-up. I understand I am responsible for vendors to abide by parks policies and return grounds to original state following event.  NO  YES If applicable, I understand that I must promote and reserve hotel blocks within Sumner County for attendees to stay. I will be required to provide the Parks Department a list of all hotels and the reservation confirmations prior to the event.  NO  YES I understand I will be responsible for obtaining all legal permissions and/or permits for any and all live music to be performed at the event. Permissions must be obtained from the proper licensing and/or publishing companies. Proof of permission must be given to the City of Hendersonville Parks and Recreation Department. This includes all live music performed by bands and/or musicians.  NO  YES I understand that I will be responsible for informing the City of Hendersonville and all participants of risks involved with participation and/or use of equipment and supplies.  NO  YES HOLD HOLDHARMLESS CLAUSE HARMLESS CLAUSE Program organizer shall save and hold the City of Hendersonville and the Hendersonville Parks and Recreation Department harmless from and against all liability, claims and demands on account of personal injuries (including without limitation to the foregoing worker’s compensation and death claims) or property loss or damage of any kind whatsoever, which arises out of or be in any manner connected with the performance of this contract, regardless of whether such injury, loss, or damage shall be caused by, or be claimed to be cause, by the negligence of the permit holder or the City of Hendersonville and Hendersonville Parks and Recreation Department; or by any agents or employees of any of the foregoing; or by accident; or otherwise. If application is approved, the program organizer is responsible to adhere to all rules and regulations as set forth in the Hendersonville Municipal Code. A copy of these regulations is available at City Hall or on the City’s website. The undersigned agrees to the terms of this agreement as outlined by the City of Hendersonville Parks and Recreation Department. Signature Date OFFICE USE ONLY APPLICATION RECEIVED: __________________________ PARKS BOARD REVIEWED: _______________________ FINAL APPROVAL DATE: __________________________ STAFF SIGNATURE: _____________________________ 11 29 30 31  Mayoral Report—Use of Car Allowance September 8, 2022 – September 21, 2022 Ruby’s Mansker Farms Repaved roads Lakeside Park Elementary School Bluegrass Country Club Bluegrass Country Club Lili Bella’s Lyncoya Ace Hardware Streets of Indian Lake Sumner County Administrative Building GNRC at Tennessee Library and Archives Sumnner Roofing Trevecca University Bluegrass Country Club 32