Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING MAY 23, 2023 PAGEl CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING May 23, 2023, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR JIM WATERS, ALDERMAN, VICE-MAYOR RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, INTERIM CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: MARK BURGDORF, ALDERMAN MICHAEL MARTIN, ALDERMAN The meeting opened with prayer led by Frank Rosch, retired minister from Madison Church of Christ who currently serves on the Beautiful Hendersonville Committee. Mayor Clary led the Pledge of Allegiance. AGENDA The May 23, 2023, BOMA meeting was called to order by Mayor Jamie Clary. Eleven ( 11) aldermen were present with Burgdorf and Martin absent. Skidmore moved; seconded by Goodwin to approve the May 23, 2023, agenda. Clary noted the two-week rule was waived on Item numbers three (#3) and four (#4) under Ordinances and Resolutions and Item numbers seven (#7) through nine (#9) under Other Agenda Items are to be considered as a group instead ofltem numbers six (#6) through eight (#8). Sasse moved; Collins seconded a motion to amend the agenda by moving Item number three (#3) below Item number four (#4). MINUTES OF REGULAR MEETING MAY23,2023 PAGE2 There was discussion. Roberson called point of Order to hear Waters' reason he was opposed to moving Item number three (#3) below Item number four (#4). There was a majority vote often (10) to one (1) with Waters voting ''Nay" to approve the amendment to the agenda. Clary declared the motion carried. There was no discussion on the original motion. There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. PRESENTATIONS There was a presentation of a proclamation to Debbie Mathis Watts. • Ms. Watts is a retired educator, author, performer, and resident of Hendersonville. • Ms. Watts was recently named Ms. Senior World 70s Pageant Winner. • Ms. Watts penned a song, The Tennessee in Me, which was named the twelfth (12th) State Song by the Tennessee House and Senate in April 2023. There was a Presentation of May Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. Greg Yandell of Ace Hardware was on hand to present gift cards to the winners. • Ward 1 - John and Marcia Hicks - 130 Riviera Dr. • Ward 2 - Sam and Diane Stockard - 223 Shivel Dr. • Ward 3 - Doug and Arliene Beets - 1387 Center Point Rd. • Ward 4 - No winner • Ward 5 - Stacy Greene - 103 Compton St. • Ward 6 - Kirk and Elizabeth George - 106 Dorris Dr. • Business - Sun Life Marina Drakes Creek - 441 Sanders Ferry Rd. - Jeff Coffey PUBLIC HEARING None MINUTES Sasse moved; seconded by Peterson to approve the May 9, 2023, minutes. There was no discussion. MINUTES OF REGULAR MEETING MAY23,2023 PAGE3 There was a unanimous vote to approve the motion. Clary declared the motion carried. CITIZENS' COMMENTS Clary read the guidelines for public comments. Kenneth Verble of 110 The Landings addressed the Board regarding the Ordinance regulating Airbnbs and thanking them for having it in place. Jim Stocks of 104 Downing Court addressed the Board regarding his opposition to Ordinance 2023-12. Kay Brooks of 123 Trousdale Drive addressed the Board with questions regarding Ordinance 2023-12. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-09, an ordinance amending Ordinance 2022-11, as amended, to reflect adjustments to the City's 2023 Fiscal Year Budget. Waters moved; Dixon seconded a motion to approve Ordinance 2023-09 on second reading. Clary moved; Collins seconded a motion to amend Ordinance 2023-09 by increasing the Parks Department Maintenance Account $25,000.00 for infield materials washed away by storms. There was discussion. There was a unanimous vote to approve the amendment to Ordinance 2023-09. Clary declared the motion carried. There was no further discussion on the original motion. There was a unanimous vote to approve on second reading Ordinance 2023-09 as amended. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-10, an ordinance to amend Title 3, Chapter 3, Section 3-302 to establish reasonable court costs. MINUTES OF REGULAR MEETING MAY23, 2023 PAGE4 Goodwin moved; Dixon seconded a motion to approve Ordinance 2023-10 on first reading. There was discussion. There was a unanimous vote to approve Ordinance 2023-10 on first reading. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-12, an ordinance imposing a fee in the amount of $251 for the purpose of funding the "universal system of domestic garbage collection and disposal" and authorizing its billing on the City's property tax notices (Subject to approval by the Board, pursuant to Ordinance 2002-12). Clary moved; Waters seconded a motion to approve Ordinance 2023-12 on first reading. Discussion ensued. Peterson moved; Sasse seconded a motion to amend Ordinance 2023-12 by tabling it until next year when the cost of the new trash contract will be known. There was discussion. Peterson clarified he wished to defer instead of table. Peterson withdrew the amendment to the motion to table Ordinance 2023-12. Peterson moved; Roberson seconded a motion to defer Ordinance 2023-12 until the next BOMA meeting in two weeks. There was no further discussion on the motion to defer. There was a majority vote of seven (7) to four (4) to approve the motion to defer Ordinance 2023-12. Aye: Dixon, Garton, Goodwin, Peterson, Roberson, Skidmore, Waters Nay: Collins, Garza, Sasse, Clary Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-11, an ordinance of the City of Hendersonville, Tennessee adopting the annual budget and tax rate for the fiscal year beginning July 1, 2023, and ending June 30, 2024 (Subject to approval by the Board, pursuant to Ordinance 2002-12). Waters moved; Dixon seconded a motion to approve Ordinance 2023-11 on first reading. Discussion ensued. MINUTES OF REGULAR MEETING MAY23,2023 PAGES Waters moved; Sasse seconded a motion to amend Ordinance 2023-11 by tabling the Saundersville Exit 8 project until the 2024-2025 budget. There was discussion. Roberson moved; Dixon seconded a motion to take a ten (10) minute break. There was no discussion. There was a unanimous vote to approve the motion to take a break. Clary declared the motion carried. Waters and Sasse withdrew the motion to remove the Saundersville Exit 8 project from the budget. Roberson moved; Dixon seconded a motion to reconsider Item number four (#4). There was no discussion. There was a majority vote often (10) to one (1) to approve the motion to reconsider Ordinance 2023-12 with Peterson voting ''Nay". The caption was read for first reading of Ordinance 2023-12, an ordinance imposing a fee in the amount of $251 for the purpose of funding the "universal system of domestic garbage collection and disposal" and authorizing its billing on the City's property tax notices (Subject to approval by the Board, pursuant to Ordinance 2002-12). Clary moved; Waters seconded a motion to approve Ordinance 2023-12. There was no discussion. The motion failed four (4) to seven (7) with voting as follows: Aye: Dixon, Garton, Roberson and Clary Nay: Collins, Garza, Goodwin, Peterson, Sasse, Skidmore, Waters Clary declared the motion failed. The caption was read for first reading of Ordinance 2023-11, an ordinance of the City of Hendersonville, Tennessee adopting the annual budget and tax rate for the fiscal year beginning July 1, 2023, and ending June 30, 2024 (Subject to approval by the Board, pursuant to Ordinance 2002-12). Clary moved; Waters seconded a motion to approve Ordinance 2023-11. Discussion ensued. MINUTES OF REGULAR MEETING MAY23, 2023 PAGE6 Sasse moved; Dixon seconded a motion to amend Ordinance 2023-11 by removing the Parks Board, Golf Commission and Board of Zoning Appeals from the boards/committees to receive pay and to remove the 6% COLA for the aldermen. There was a unanimous vote to approve the amendment to Ordinance 2023-11. Clary declared the motion carried. Dixon moved; Peterson seconded a motion to defer Ordinance 2023-11 and have a special called meeting to discuss the FY 2024 budget. There was discussion. Dixon and Peterson withdrew the motion to defer and have a special called meeting regarding Ordinance 2023-11. Discussion continued. Roberson moved; Collins seconded a motion to have a special called Finance Committee Meeting on May 30, 2023, to discuss the budget and tax rate to discuss a potential garbage tax ordinance with the Mayor calling a special meeting shortly thereafter for the first reading of the budget. There was a unanimous vote to approve the motion for a special called Finance Committee Meeting. Clary declared the motion carried. The caption was read for reading of Resolution 2023-11, a resolution to accept a fleet replacement schedule, for the City Police and Fire Departments to establish that fleet replacement schedule considerations be included regularly as part of each annual budget process. Collins moved; Goodwin seconded a motion to approve Resolution 2023-11. Roberson moved; Waters seconded a motion to amend Resolution 2023-11 by adding the following language to the next to the last paragraph" ... as set forth in the attached Exhibit A & B ... " "BE IT FURTHER RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that age alone is not the only factor to consider when purchasing fleet replacements. The following factors will include but not be limited to also be considered as to either the early or extension of timing of fleet replacements listed in Exhibit A by order of priority is recommended: 1. Availability of new safety features 2. Personnel safety 3. Obsolescence 4. Condition of major components 5. Reliability MINUTES OF REGULAR MEETING MAY23, 2023 PAGE7 6. Usage 7. Availability and cost ofreplacement parts 8. Federal mandates 9. Maintenance cost" There was discussion. The amendment failed by a vote of five (5) to six (6) with voting as follows: Aye: Peterson, Roberson, Sasse, Waters, Clary Nay: Collins, Dixon, Garton, Garza, Goodwin, Skidmore Clary declared the motion to amend failed. There was further discussion. Roberson moved; Waters seconded a motion to amend Resolution 2023-11 to include $1.5 million dollars in the FY 2024 budget for the purchase of Public Safety reserve vehicle replacement. There was nci further discussion on the motion to amend. There was a unanimous vote to approve the amendment to Resolution 2023-11. There was a unanimous vote to approve Resolution 2023-11 as amended. Clary declared the motion carried. The caption was read for Resolution 2023-19, a resolution amending the Job Classification List and Pay Table. Clary moved; Roberson seconded a motion to approve Resolution 2023-19. There was a brief discussion. There was a unanimous vote to approve Resolution 2023-19. Clary declared the motion carried. OTHER AGENDA ITEMS Roberson moved; Sasse seconded a motion to approve the reappointments and Appointment to the Deer Herd Committee as a group as follows: The reappointment of Jerald Barrett to the Deer Herd Committee The reappointment of Mike Forester to the Deer Herd Committee The appointment of Nora Kerzner to the Deer Herd Committee MINUTES OF REGULAR MEETING MAY23,2023 PAGES There was no discussion. There was a unanimous vote to approve the reappointments and appointment to the Deer Herd Committee. Clary declared the motion carried. REPORTS Brief Committee Reports Finance-Dixon • There was no Finance Committee Meeting this week due to unforeseen circumstances. Public Works-Skidmore • Met May 23, 2023. • Discussed Trash Collection Update. No fine needed. Trash contract negotiations are being discussed and a significant increase is expected. • Discussed Light Synchronization Update. Project is ongoing. • Discussed Sanders Ferry Greenway Update. Project is ongoing and on schedule. • The Indian Lake closure due to the roundabout construction will run from June 12, 2023, through August 20, 2023. BOMA Report-Eckenroth • BOMA reports are included in the packet. • The Saundersville Road closure graph shows a full closure between Sam's Club and Hobby Lobby. • The closure will last for sixty ( 60) days. • Limb & Brush Collection-The current collection areas of service are located on the website. • The map is updated every 24-48 hours. • It takes 4-6 weeks to make a complete round of the City. • Channel 2 aired a story on the newly established Clean Team. • There was a request to include in the monthly BOMA report the number of fire calls that have been made outside the City limits. Upon motion by Sasse and second by Dixon there was a unanimous vote for approval to adjourn.