Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN December 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 of December Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee B. Presentation of a proclamation to Mary Jane Campbell for her service on the Beer Board C. Presentation of a proclamation to Prentice Oldham for his service on the Beer Board D. Presentation of a proclamation to Mike Fussell for his service on the Industrial Development Board IV. Public Hearing V. Minutes A. Approval of the November 29th, 2022, meeting minutes 3-8 B. Approval of the December 1st, 2022, meeting minutes 9-11 VI. Citizens Comments VII. Consent Agenda VIII. Ordinances and Resolutions Clary 1. Reading of Resolution 2022-48, a resolution to accept a donation from a 12-13 city resident for Public Safety and Parks IX. Other Agenda Items 2. Appointment of City Judge (to be provided under separate cover) X. Reports 3. Brief Committee Reports: 1. Public Safety – Edwards 2. Planning – Martin 3. Golf - Roberson 1  4. Chief of Operations Report XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda 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 NOVEMBER 29, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING NOVEMBER 29, 2022, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN RUSS EDWARDS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEE PETERSON, ALDERMAN EDDIE ROBERSON, ALDERMAN ERIC SITLER, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN ANNETTE HUNTER, CITY RECORDER DESIGNEE The meeting opened with prayer led by John Isbell, Sumner County Mayor. The Pledge of Allegiance was led by Mayor Clary. The roll was called with all thirteen (13) members present. AGENDA The November 29, 2022, BOMA meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Peterson to approve the November 29, 2022, agenda. Edwards moved; Garza seconded a motion to amend the agenda by adding the Appointment of an Interim City Attorney as number nine (#9) under Reports. There was a unanimous vote to approve the amendment. Clary declared the motion carried. Edwards moved; Collins seconded a motion to amend the agenda by adding the Appointment of an Interim City Judge as number ten (#10) under Reports. There was a unanimous vote to approve the amendment. Clary declared the motion carried. 3 MINUTES OF REGULAR MEETING NOVEMBER 29, 2022 PAGE 2 There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. PRESENTATIONS Presentation of November Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. • Robert & Diane Lee-Ward 1 • Ralph & Peggy Morgan-Ward 2 • Ronnie & Lisa Barker-Ward 3 • Brian & Jennifer Jones-Ward 4 • Don & Elaine Dickerson-Ward 5 • Troy & Angel Moulton-Ward 6 Each of the residential winners of the Beautification Awards also received a gift card from Ace Hardware. The business Beautification Award was presented to Brian and Jennifer Hayes of Brian’s Motorsports for their improvements. Parks Lakeside Real Estate was recognized for adopting an area in Hendersonville to keep clean. They held a trash pick-up day on November 28, 2022. The Hendersonville FFA Chapter was recognized for their realization of a need and acting on that need by having a trash pick up day. November was No Trash Tennessee Month. The Hendersonville FFA Chapter was represented by Advisor Jessica Ross, Greenhouse Chairman Sawyer Stephens, Recruitment Chair Haley Wenzel, Chapter President Paige Pardue, Chapter Vice President Max Graves and Secretary Marynn Enders. PUBLIC HEARING None MINUTES Waters moved; seconded by Dixon to approve the November 10, 2022, minutes. There was a majority vote of nine to four (9-4) to approve the minutes with Garton, Goodwin, Martin and Sitler abstaining. Clary declared the motion carried. 4 MINUTES OF REGULAR MEETING NOVEMBER 29, 2022 PAGE 3 CITIZENS’ COMMENTS Dave Moomy of 971 Cherry Grove Drive addressed the Board of Mayor and Aldermen congratulating the newly elected officials and giving thanks to the citizens and the City for the support of the Veteran’s Day Parade held on November 6, 2022. Thanks was also given for the Police, Fire and Parks’ assistance as well as all the participants. There were seventy (70) separate parade entries. Mr. Moomy serves as Chairman of the Hendersonville Veterans Day Parade hosted by VFW Post 9851 and Vietnam Veterans Chapter 240. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2022-31, an ordinance accepting a donation and appropriating funds for a bicycle pump repair station. Roberson moved; Waters seconded to approve Ordinance 2022-31. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for Second and final reading of Ordinance 2022-33, an ordinance appropriating funds for a survey of the deer population in the City of Hendersonville. Waters moved; Dixon seconded a motion to approve Ordinance 2022-33. Peterson inquired as to what would the seventy-five hundred dollars ($7,500.00) get and what would be done with the results. Clary responded that he felt the last survey was flawed and requested from TWRA that the survey includes the peninsulas. The survey results will be turned over to the Deer Herd Monitoring Committee for their input. Sitler inquired as to who would be conducting the survey and how was it known that seventy-five hundred dollars ($7,500.00) would be enough. Eckenroth explained that this is a budget appropriation only. If it’s approved, then the next step would be to decide who would conduct the survey. Clary stated it is a partnership between TWRA and the Federal Department of Agriculture but is not sure who actually does the survey. The original quote was around sixty-seven hundred dollars ($6,700.00) but when the request to divide the survey into the peninsulas were added that brought the cost closer to seventy-five hundred dollars ($7,500.00). 5 MINUTES OF REGULAR MEETING NOVEMBER 29, 2022 PAGE 4 There was a unanimous vote to approve the motion. Clary declared the motion carried. OTHER AGENDA ITEMS Waters moved; Dixon seconded to appoint Board members to the regular Standing Committees as follows: Finance-Dixon, Garton, Sitler General-Waters, Peterson, Garza Public Safety-Edwards, Collins, Goodwin Public Works-Skidmore, Roberson, Martin There was a unanimous vote to approve the motion. Clary declared the motion carried. Waters moved; Skidmore seconded to appoint aldermen to serve as liaisons to the citizen committees and boards as follows: Skidmore-Facilities Naming Committee/Historic Zoning Committee Waters-Municipal Board of Zoning Appeals Roberson-Golf Course Commission Edwards-IDB Collins-Arts Board Dixon-Beer Board Peterson-Board of Parks and Recreation Garton-Board of Adjustment and Appeals Garza-Beautiful Hendersonville Goodwin-Personnel Board Martin-Planning Commission and Disability Board Sitler-Deer Herd Monitoring Committee There was a unanimous vote to approve the motion. Clary declared the motion carried. Roberson moved; Waters seconded to appoint Alderman Michael Martin as the Board liaison to the Planning Commission. There was a unanimous vote to approve the motion. Clary declared the motion carried. Roberson moved to nominate Alderman Jim Waters as the Vice-Mayor. There was a unanimous vote to approve the motion. 6 MINUTES OF REGULAR MEETING NOVEMBER 29, 2022 PAGE 5 Clary declared the motion carried. Edwards moved; Dixon seconded a motion to cancel the December 27, 2022, BOMA meeting. There was a majority vote twelve to one (12-1) to approve the motion with Sitler voting nay. Clary declared the motion carried. REPORTS Chief of Operations Report-Eckenroth • Boat Parade at Mallard Point Saturday, December 3, 2022 from 5:30 pm – 8:30 pm • Tree Lighting Sunday, December 4, 2022, from 2:00 pm – 5:30 pm • Visitation and Service for Curtis Lincoln will be held at the First United Methodist Church on Indian Lake and Main beginning at 1:00 pm on Thursday, December 8, 2022. Peterson inquired as to whether there would be fireworks at the Tree Lighting this year. Eckenroth responded there would not be fireworks. Collins inquired of the status of deer carcass removals since the rutting season. Eckenroth responded that the numbers were not as high as expected. Clary moved; Martin seconded a motion to appoint Lance Wray as the Interim City Attorney with a flat fee salary of twenty-eight hundred dollars ($2,800.00) a week. Roberson notated that benefits would not be received by Wray as he was considered a part-time employee. There was a unanimous vote to approve the motion. Clary declared the motion carried. Roberson moved; Collins seconded a motion to appoint Jim Smith as Interim City Judge. Sitler inquired as to whether Smith had been vetted due to there being limited language in the City Ordinance as requirements for City Judge. Clary responded the requirements had been looked at and he was qualified. There was a unanimous vote to approve the motion. 7 MINUTES OF REGULAR MEETING NOVEMBER 29, 2022 PAGE 6 Clary declared the motion carried. Upon motion by Goodwin and second by Garton, there was a unanimous vote for approval to adjourn. The meeting adjourned at 8:43 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 8 MINUTES OF SPECIAL CALLED MEETING DECEMBER 01, 2022 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF SPECIAL CALLED MEETING DECEMBER 01, 2022, at 6:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR RACHEL COLLINS, ALDERMAN RUSS EDWARDS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEE PETERSON, ALDERMAN EDDIE ROBERSON, ALDERMAN ERIC SITLER, ALDERMAN MARK SKIDMORE, ALDERMAN JIM WATERS, ALDERMAN LANCE WRAY, INTERIM CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: KAREN DIXON, ALDERMAN The meeting opened with prayer and The Pledge of Allegiance led by Mayor Clary. AGENDA The December 1, 2022, BOMA special called meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Sitler to approve the December 1, 2022, agenda. There was a unanimous vote to approve the agenda. Clary declared the motion carried. CITIZENS’ COMMENTS None 9 MINUTES OF SPECIAL CALLED MEETING DECEMBER 01, 2022 PAGE 2 OTHER AGENDA ITEMS Roberson moved; Waters seconded to appoint and reappoint as a group the following: • Reappoint John Zobl to the Industrial Development Board. • Reappoint Rene Shepherd to the Arts Council. • Appoint Shea Calabrese to the Arts Council. • Appoint Phillip Fryman to the Arts Council. • Appoint Cemile Logue to the Arts Council. • Appoint Robert Cox to Beautiful Hendersonville. • Appoint Roderick Fox to the Beer Board. • Appoint Sylvia Stumpfig to the Deer Herd Monitoring and Control Committee. • Appoint Danny Bell to the Golf Course Commission. • Appoint Chris Fehrmann to the Golf Course Commission. There was a unanimous vote to approve the motion. Clary declared the motion carried. Skidmore moved; Edwards seconded to nominate Eddie Roberson as chairman for the Capital Projects Committee. There was a unanimous vote to approve the motion. Clary declared the motion carried. Clary moved; Roberson seconded to determine a process for filling the balance of the term for City Judge. • Pay will be $160.00 per hour. • No benefits will be provided. • The person will be a part-time employee of the city. • The person will start January 1. • City staff will seek resumes for the position through December 8. • City staff will evaluate the resumes to determine which candidates are qualified. • Mayor will evaluate the candidates and ask BOMA to appoint a candidate on December 13, 2022. • Must be licensed to practice law in the State of Tennessee for at least three years • Must be at least thirty years of age • Must be a resident of the city at least three years immediately preceding the election • Must not have ever been convicted of a felony, or any offense involving the abuse of intoxicants or controlled substances. Discussion included whether the salary for the City Judge was included in the existing Budget, whether seven (7) days was enough time to get a notice out and be reviewed, a request that the ordinance be updated to reflect the requirement regarding felony 10 MINUTES OF SPECIAL CALLED MEETING DECEMBER 01, 2022 PAGE 3 convictions and substance abuse for the City Judge to match the City Attorney position, whether there could be an attorney or state judge to sit special when needed and whether the advertisement of the position could be posted on the Tennessee Bar Association and Sumner County’s site. There was a unanimous vote to approve the motion. Clary declared the motion carried. Upon motion by Edwards and second by Goodwin there was a unanimous vote for approval to adjourn. The meeting adjourned at 6:16 p.m. Approved: Jamie Clary, Mayor Attest: Robert Manning, City Recorder 11  RESOLUTION 2022-48 Sponsor: Clary A RESOLUTION TO ACCEPT A DONATION FROM A CITY RESIDENT FOR PUBLIC SAFETY AND PARKS WHEREAS, a City resident who wishes to remain anonymous desires to make a donation of funds to the City in the amount of $25,000.00, so long as the funds are used exclusively for public safety and the parks; WHEREAS, the resident desires that this donation be made prior to the end of this calendar year, therefore, the funds should be appropriated at the next fiscal mid-year appropriation: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMAN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby accepts the donation of $25,000.00 from the City resident for the exclusive benefit of the City’s public safety and parks. BE IT FURTHER RESOLVED that the funds shall be considered for appropriation by the next fiscal mid-year appropriation ordinance. Adopted this the 13th day of December 2022. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ ROBERTY MANNING, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 12  LEGISLATIVE HISTORY Resolution 2022-48 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: December 13th, 2022 Committee Recommendation: BOMA Reading: December 13th, 2022 13