Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING June 13, 2023, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR JIM WATERS, ALDERMAN, VICE-MAYOR MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, INTERIM CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: JANNA GARTON, ALDERMAN The meeting opened with prayer led by Adam Harris, Associate Pastor of God Why Church. Mayor Clary led the Pledge of Allegiance. AGENDA The June 13, 2023, BOMA meeting was called to order by Mayor Jamie Clary. Twelve (12) aldermen were present with Garton absent. Waters moved; seconded by Goodwin to approve the June 13, 2023, agenda. Clary noted the two-week rule was waived on Item number five (5) under Ordinances and Resolutions. Waters moved; Garza seconded a motion to amend the agenda by adding Andrea Besting to the agenda for consideration of appointment to the Board of Zoning Appeals in two weeks at the next BOMA meeting. There was a unanimous vote approve the amendment to the agenda. Clary declared the motion carried. MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE2 There was no further discussion on the original motion. There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. PRESENTATIONS None PUBLIC HEARING None MINUTES Sasse moved; seconded by Waters to approve the May 23, 2023, minutes as presented in the packet. There was no discussion. There was a unanimous vote to approve the minutes. Clary declared the motion carried. CITIZENS' COMMENTS Clary read the guidelines for public comments. Les Marks of 112 Winding Way addressed the Board with concerns of hate crime, elder abuse, and close calls with vehicles in Ward 6. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-10, an ordinance to amend Title 3, Chapter 3, Section 3-302 to establish reasonable court costs. Goodwin moved; Collins seconded a motion to approve Ordinance 2023-10 on second reading. There was brief discussion. There was a unanimous vote to approve Ordinance 2023-10 on second and final reading. MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE3 Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-13, an ordinance repealing and replacing the Hotel Privilege Tax in the City of Hendersonville, Tennessee Roberson moved; Waters seconded a motion to approve Ordinance 2023-13 on first reading. There was a brief discussion. There was a unanimous vote to approve Ordinance 2023-13. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-12, an ordinance imposing 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. Clary moved; Burgdorf seconded a motion to approve Ordinance 2023-12 on first reading. Discussion ensued. Clary moved; Burgdorf seconded a motion to amend Ordinance 2023-12 by reducing the proposed trash fee from $251.00 to $156.00. There was continued discussion. Peterson moved; Burgdorf seconded a motion to lock in the $156.00 trash fee for five (5) years. Peterson and Burgdorf agreed to incorporate their amendment into Clary's motion and remove the language "and disposal" throughout the ordinance except in reference to TCA. Clary declared the amendment failed six (6) to six (6) with voting as follows: Aye: Burgdorf, Collins, Garza, Goodwin, Peterson, Clary Nay: Dixon, Martin, Roberson, Sasse, Skidmore, Waters Clary moved; Dixon seconded a motion to amend Ordinance 2023-12 by reducing the proposed trash fee from $251.00 to $156.00 for one (1) year and remove the language "and disposal" throughout the ordinance except in reference to TCA. There was a majority vote seven (7) to five (5) to approve the amendment to Ordinance 2023-12 as follows: Aye: Burgdorf, Collins, Dixon, Garza, Goodwin, Peterson, Clary Nay: Martin, Roberson, Sasse, Skidmore, Waters MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE4 Clary declared the motion carried. The original motion as amended failed five (5) to seven (7) with voting as follows: Aye: Burgdorf, Dixon, Garza, Goodwin, Clary Nay: Collins, Martin, Peterson, Roberson, Sasse, Skidmore, Waters Clary declared the motion on the original motion as amended 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. Clary moved; Waters seconded a motion to approve Ordinance 2023-11 . There was discussion. Clary moved; Collins seconded a motion to amend Ordinance 2023-11 to allow Beautiful Hendersonville and the Arts Council to carry over their FY 2023 unused balance into the FY 2024 budget. There was a majority vote of eleven (11) to one (1) with Sasse voting "no" to amend Ordinance 2023-11. Clary declared the motion carried. Clary moved; Dixon seconded a motion to amend Ordinance 2023-11 by adjusting four revenue items by increasing the following: Business Tax-$75,000.00 Investment Earnings-$250,000.00 Parks and Rec Fees-$25,000.00 Court Costs-$120,000.00 There was brief discussion. There was a unanimous vote to approve the motion to amend Ordinance 2023-11. Clary declared the motion carried. Clary moved; Sasse seconded a motion to amend Ordinance 2023-11 by shifting expenditures of three (3) items as follows: Move Parks staff cost (Wade's S&Bs) to Hotel Motel-$80,371.00. Move one (1) additional PD vehicle to the Drug Fund-$58,000.00. Move a portion of paving from the General Fund to State Street Aid-$280,000.00. MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGES There was brief discussion. There was a unanimous vote to approve the amendment to Ordinance 2023-11. Clary declared the motion carried. Sasse moved; Collins seconded a motion to amend Ordinance 2023-11 by increasing the tax rate from $.7580 to $.9187. There was discussion. There was a majority vote nine (9) to three (3) to approve the amendment to Ordinance 2023-11 as follows: Aye: Collins, Dixon, Garza, Goodwin, Martin, Roberson, Sasse, Skidmore, Waters Nay: Burgdorf, Peterson, Clary Clary declared the motion carried. There was a majority vote often (10) to two (2) on the main motion as amended with voting as follows: Aye: Collins, Dixon, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Waters, Clary Nay: Burgdorf, Skidmore Clary declared the motion carried. Dixon moved; seconded by Goodwin to take a five-minute break. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for Resolution 2023-23, a resolution authorizing the City's Department of Parks and Recreation to apply for a State of Tennessee Department of Intellectual and Developmental Disabilities Grant for the construction of an all-inclusive playground at Sanders Ferry Park (Subject to approval by the Board, pursuant to Ordinance 2002-12). Peterson moved; Waters seconded a motion to approve Resolution 2023-23. There was discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE6 OTHER AGENDA ITEMS The caption was read for Other Agenda Items numbers six (6) - eight (8) to be considered as a group as follows: Vote on the appointment of Diane Stockard to the Arts Council. Vote on the reappointment of Jim Flockencier to the Deer Herd Committee. Vote on the reappointment of Colin Zimmerman to the Deer Herd Committee. Roberson moved; Dixon seconded a motion to approve the appointment and reappointments to the respective committees. There was no discussion. There was a unanimous vote to approve the appointment and reappointments to the respective committees. Clary declared the motion carried. REPORTS Brief Committee Reports General-Peterson-Report Given by Administrative Services Director Jason Gallo • MetJune 13, 2023. • Discussed Resolution 2023-20, a resolution amending the Job Classification List and Pay Tables for the City of Hendersonville, Tennessee. Will be coming to BOMA in 2 weeks. COLA is included. • Discussed Resolution 2023-23, a resolution authorizing the City's Department of Parks and Recreation to apply for a State of Tennessee Department of Intellectual and Developmental Disabilities Grant for the construction of an all- inclusive playground at Sanders Ferry Park. Was included and approved on tonight's agenda. • Discussed the Code of Conduct-Mayor had requested ideas be sent to him. • Under Other Business, upcoming legislation regarding Citizen Comments was discussed. Public Safety-Goodwin • Met June 13, 2023. • Discussed Ordinance 2023-14, an ordinance amending Hendersonville Municipal Code Title 11, Chapter 8, regulating the use of tobacco and vapor products. Coming to BOMA with a positive recommendation. • Discussed Resolution 2023-24, a resolution authorizing the Mayor to enter into an agreement with Safe Haven Baby Boxes, Inc. for the implementation of a newborn safety device in a City facility. • Discussed HFD calls outside the City. No solutions, started discussion. MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE7 Planning-Martin • Planning Directors Comments: o Recognized Lauren Beery and her assistance with the Planning Commission as she is leaving. o FLUP Meeting, June 20, 2023, 6:00 pm at City Hall regarding Stop 30 Plan. o Will begin using Energov Solutions software and take this opportunity to analyze fees with other cities to see if comparable. • Projects: o Deferred The Triangle FDP Add Use (Auto Service & Repair, Minor) o Floor & Decor-Approved Site Plan o Jackson Townhomes-Denied Site Plan Amendment. The Planning Commission is allowing them to review and come back with solutions and will work to assist them as much as possible. o Discussed amending the Municipal Code to require multi-family homes to hire an engineer and an architect. o Tailgate Brewery-Proposed mural approved. Capital Projects-Roberson • There will be a short Capital Projects Committee Meeting June 26, 2023, at 5:30 pm to discuss possible GNRC funding for the Exit 8 Project. • Memorial Park LED light project is almost complete. Electricity is being installed. Provides another field for team sports. On budget. • LPRF Grant for turf, soccer and rugby facilities-all designs have been approved by the city and are currently waiting on TDEC. Hopeful for bids to go out on the projects soon. • Pickleball-50% of the designs have been completed and are under staff review. Construction should start by the end of summer; hopeful for the first. • Rugby restrooms bids are out for a second round. The first bids were way above expectations. • Fireball #7 construction is doing well with no expected delays unless there are supply chain issues unknown currently, electricity is being installed. BOMA Report-Eckenroth • BOMA reports are included in the packet on pages 121-128. • Lots of upcoming events are shown on page 126. • Projects listed on page 127. o Sanders Ferry Greenway-the trail can be walked on now and is coming along nicely. • Limb pickup trucks may be seen out early and later and, on the weekends, as they are still working on picking up debris from the March windstorm and the winter freeze. • Route C has been paused to assist with other routes with heavier landscaping (older areas of town). Plans are to be back on track within a couple of weeks. • There will be some road closures this weekend due to the Old Hickory Triathlon. PIO LaMarr will be putting out a press release for public information regarding closures on Wednesday of this week. • Mutual aid responses to the County to be included in the BOMA Report. MINUTES OF REGULAR MEETING JUNE 13, 2023 PAGE8 • Limb Dump is open on Saturdays 7-3 and is free. 501 Forest Retreat Road. • Problems or complaints can be submitted through the City's website. Upon motion by Dixon and second by Garza there was a unanimous vote for approval to adjourn.