Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JUNE 27, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING June 27, 2023, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMJE CLARY, MAYOR JIM WATERS, ALDERMAN, VICE-MAYOR MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, 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 The meeting opened with prayer led by Sam Parsons, New Lead Pastor of Community Church of Hendersonville. Mayor Clary led the Pledge of Allegiance. AGENDA The June 27, 2023, BOMA meeting was called to order by Mayor Jamie Clary. All thirteen members ofBOMA were present. Waters moved; seconded by Garton to approve the June 27, 2023, agenda. Sasse moved; Garza seconded a motion to amend the agenda by adding a proclamation for Ryan Russel above Item A under Presentations and adding Goodwin as a sponsor of Ordinance 2023-14. There was discussion. There was a unanimous vote to approve the amendment to the agenda. Clary declared the motion carried. Roberson moved; Waters seconded a motion for a second amendment to the agenda by adopting the Citizen Comments guidelines for the Public Hearing. MINUTES OF REGULAR MEETING JUNE 27, 2023 PAGE2 There was a majority vote of twelve (12) to one (1) to approve the second amendment to the agenda with Sasse voting nay. Clary declared the motion carried. There was no further discussion on the original motion. There was a unanimous vote to approve the agenda as twice amended. Clary declared the motion carried. PRESENTATIONS Clary presented Ryan Russell with a proclamation for completion of his Eagle Scout project of creating a Gaga Ball court in Sanders Ferry Park. Ryan is pursuing the rank of Eagle Scout and has been involved in the Boy Scouts since 2017. Ryan provided approximately 91 hours of volunteer work and 64 hours to help create the gaga ball court. There was a presentation of a proclamation to William McDonald for his years of service on the Municipal Board of Zoning Appeals. Mr. McDonald served 23 years on the Board of Zoning Appeals and served some of his time as Chairman of said Board. There was a presentation of June Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. Prior to the presentations, Ms. Paschal provided the Board with some updates of committee activities. • Hanging baskets have been placed on the bridge on Main Street at Drakes Creek Park and are being attended to by Beautiful Hendersonville Committee member Robert Cox. • The blooming flowers were planted and grown by Hendersonville High School students. • The hanging asparagus ferns were grown by Beech High School students. • Missing letters from the Welcome sign on the west end of town have been replaced with the help of Public Works. • With the help of volunteers, dead plants were cleaned up and replanting in that area will begin soon. • The winners of the June Beautification Awards are as follows: Business winner-Volunteer State Bank-323 E. Main St. Kim Frank, Branch Manager- Keith Whitely, Regional President MINUTES OF REGULAR .MEETING JUNE 27, 2023 PAGE3 Ward 1-Tim and Tina Clem-119 LaPlaza Ward 2-John and Beth Watson-119 Nokes Dr. Ward 3-Andres Sandoval-216 Savely Drive Ward 4-0liver and Lisa Barry-402 Private Dr. Ward 5-Jim and Christe Endsley-102 Master's Ct. Ward 6-Daniel and Victoria Haney-102 Championship Pl. PUBLIC HEARING Clary read the guidelines for public comments that were adopted earlier in the meeting for the Public Hearing. Steven Puckett, 228 Sanders Ferry Rd., Unit A-21 addressed the Board regarding his appreciation for the Mayor and Aldermen in trying to secure County funds for the Exit 8 project. Mr. Puckett also spoke on the budget, calling attention to HB00774 and how that could potentially impact contracts as well as the change in the State's P3 program namely choice lanes. The Inflation Reduction Act was briefly addressed. MINUTES Goodwin moved; seconded by Collins to approve the June 13, 2023, minutes as provided in the packet. There was no discussion. There was a unanimous vote to approve the minutes. Clary declared the motion carried. CITIZENS' COMMENTS Robert Little, 314 Raindrop Drive addressed the Board with concerns of the Stop 30 project dissolving the subdivision, making it unsafe for bike riding and walking due to Creekwood Lane connecting to Stop 30 and his opposition to the Stop 30 development coming through his subdivision. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-13, an ordinance repealing and replacing the Hotel Privilege Tax in the City of Hendersonville, Tennessee. MINUTES OF REGULAR :MEETING JUNE 27, 2023 PAGE4 Roberson moved; Waters seconded a motion to approve Ordinance 2023-13. There was no discussion. There was a unanimous vote to approve Ordinance 2023-13 on second and final reading. Clary declared the motion carried. The caption was read for second and final 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. Sasse moved; Waters seconded a motion to approve Ordinance 2023-11. There was discussion. Clary explained that since the Hotel Privilege Tax had been increased in the previous motion, more revenue was expected. Roberson moved; Waters seconded a motion to amend Ordinance 2023-11 by adding $150,000.00 to the Hotel/Motel Fund revenue line and appropriating $170,000.00 expenditure from the Hotel/Motel fund for the Rugby restroom project. There was discussion. There was a unanimous vote on the motion to amend Ordinance 2023-11. There was continued discussion. Peterson moved; Sasse seconded a motion for a second amendment to Ordinance 2023-11 by adding back monthly compensation to the Golf Commission, the Board of Zoning Appeals and the Parks Board with amounts previously presented with the original budget presentation. Clary explained that the majority vote rules because the original was part of a larger motion. If the whole motion was wished to be amended a two-thirds majority vote would be necessary. It was noted that a clerical correction was needed to correct the BOMA monthly compensation as it was reflecting the amount with COLA included which had been removed by previous legislation. The motion failed six (6) to seven (7) with voting as follows: Aye: Garza, Martin, Peterson, Roberson, Sasse and Clary Nay: Burgdorf, Collins, Dixon, Garton, Goodwin, Skidmore, Waters Clary declared the motion failed.  MINUTES OF REGULAR MEETING .TTJNE 27, 2023 PAGES Burgdorf moved; Waters seconded a motion for a third amendment to Ordinance 2023-11 by removing funding for Exit 8, return the funding required to pave all the roads on the list, return funding to purchase an additional fire engine at $1.2 million, an additional 2% COLA to employees, purchase 2 police cars and a $32,00.00 drone for Police. There was additional discussion. Roberson moved; Garza seconded a motion of an amendment to the amendment by moving Section 1 to Section 2 making Section 1 include developing an ad hoc committee pertaining to Exit 8 made up of Vice Mayor Waters, Chairman Skidmore, and Alderman Burgdorf to explore possible termination of the contract with the State, the ad hoc committee will meet with the State and bring back to the Board in sixty to ninety days while continuing to search for funding. Discussion continued. Sasse called the question with one still in the cue to speak which would require a two-thirds vote. Sasse withdrew the call to hear the speaker(s). Discussion resumed. The motion passed with a majority vote eight (8) to five (5) to approve the amendment to the (third) amendment on Ordinance 2023-11. The vote was as follows: Aye: Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Waters and Clary. Nay: Burgdorf, Collins, Martin, Sasse, Skidmore. Clary declared the motion carried. (This replaces the language in Burgdorfs amendment. Basically, the vote just taken was substituting language in the third amendment. The third amendment now needs to be voted on.) There was a motion to approve Burgdorfs amendment (with language substituted from the preceding vote) to amend Ordinance 2023-11. The motion passed with a majority vote often (10) to three (3) with voting as follows: Aye: Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Waters and Clary. Nay: Burgdorf, Collins, Skidmore. Clary declared the motion carried. Sasse moved; Martin seconded a motion for a fourth amendment to Ordinance 2023-11 which adds to the ad hoc committee's job to find other options for Exit 8 including design MINUTES OF REGULAR MEETING JUNE 27, 2023 PAGE6 changes, reduce Exit 8 project to $3.8 million for property acquisition, leaving $1.1 million of which $600,000.00 would be used for supplemental paving and the remaining $500,000.00 for vehicle replacement for Fire. Discussion continued. Sasse called Point of Clarification to further explain his amendment. Roberson moved to take a break, then withdrew the motion. The motion failed by majority vote four (4) to nine (9). The vote was as follows: Aye: Burgdorf, Martin, Sasse, Skidmore. Nay: Co11ins, Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Waters, Clary. Clary declared the motion failed. Collins moved; Roberson seconded a fifth amendment to Ordinance 2023-11 to reduce the City Judge's salary from $90,100.00 to $75,100.00 and adding $5,000.00 to the Non-Profit Grace Place. There was a majority vote of eight (8) to five (5) to approve the amendment with voting as follows: Aye: Collins, Garton, Garza, Goodwin, Roberson, Sasse, Skidmore, Clary. Nay: Burgdorf, Dixon, Martin, Peterson, Waters Clary declared the motion carried. There was a majority vote to approve Ordinance 2023-11 thrice amended with Burgdorf and Sasse voting nay. Clary declared the motion carried. The caption was read for Resolution 2023-20, a resolution amending the Job Classification List and Pay Tables for the City of Hendersonville, Tennessee. Roberson moved; Goodwin seconded a motion to approve Resolution 2023-20. There was no discussion. There was a unanimous vote to approve Resolution 2023-20. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-14, an ordinance amending Hendersonville Municipal Code Title 11, Chapter 8, regulating the use of tobacco and vapor products. MJNUTES OF REGULAR MEETING JUNE 27, 2023 PAGE7 Sasse moved; Garza seconded a motion to approve Ordinance 2023-14 on first reading. Without objection Roberson was added as a sponsor. The rules were suspended without objection to allow Aaron Hawkins to speak. Hawkins addressed the Board with his support of Ordinance 2023-14. There was a twelve (12) to zero (0) to one (1) vote to approve Ordinance 2023-14 on first reading with Dixon abstaining. Clary declared the motion carried. The caption was read for 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. Waters moved; Peterson seconded a motion to approve Resolution 2023-24. Without objection Collins, Dixon, Garton and Goodwin were added as sponsors. The rules were suspended without objection to allow Silvanna Francescutti to speak. Ms. Francescutti addressed the Board with her support of Resolution 2023-24 and shared facts regarding Baby Boxes. There was no discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. OTHER AGENDA ITEMS Collins moved; Roberson seconded a motion to appoint Andrea Bessling to the Municipal Board of Zoning Appeals. There was no discussion. There was a unanimous vote to approve the motion. Clary declared motion carried. REPORTS Brief Committee Reports Finance-Dixon • No meeting 6/27/2023. • No report MINUTES OF REGULAR MEETING JUNE 27, 2023 PAGES Public Works-Skidmore • No Report Capital Projects-Roberson • No Report • Discussion deferred BOMA Report-Eckenroth • Welcome and congratulations to new Assistant Chief George Edwards. • Welcome and congratulations to Jamie Cossler, newly promoted Division Chief ofB Shift. • There will be a new paving schedule presented by the next BOMA meeting. • All the paving from the FY 2023 budget has been completed. Chief Bush was asked for a status update on recruits. Chief Bush shared that he had made nine (9) job offers and will be making two (2) more in the next couple of days. Recruits are being lined up to attend the Tennessee Fire Codes Academy or in Murfreesboro with training to take place around the end August, first of September and be on staff by November. Staffing will then be back to where it needs to be. Upon motion by Dixon and second by Garton there was a unanimous vote for approval to adjourn. ·ng was adjourned at 10:19 p.m.