Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JULY 25, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING July 25, 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 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 ABSENT: RACHEL COLLINS, ALDERMAN The meeting opened with prayer led by Joel Wilkie, Pastor of Life.Church in Hendersonville. Mayor Clary led the Pledge of Allegiance. AGENDA The July 25, 2023, BOMA meeting was called to order by Mayor Jamie Clary. Twelve (12) members of BOMA were present with Collins absent. Waters moved; seconded by Roberson to approve the July 25, 2023, agenda. Clary acknowledged there were some agenda items in which the two-week rule was being waived. Burgdorf moved; Sasse seconded a motion to amend the agenda by removing Item number ten (10). There was discussion. The vote failed four (4) to eight (8) with voting as follows: MINUTES OF REGULAR :MEETING JULY 25, 2023 PAGE2 Aye: Burgdorf, Martin, Sasse, Skidmore Nay: Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Waters, Clary Clary stated the item would stay on the agenda. Goodwin moved; Dixon seconded a motion to amend the agenda by removing Item III A. under Presentations. There was no discussion. There was a unanimous vote to approve the amendment to the agenda. Clary declared the item removed. The original motion as amended received a unanimous vote. Clary declared the motion carried. PRESENTATIONS There was a presentation of July Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. Prior to the award presentations, Paschal stated that Beautiful Hendersonville participated in a Public Service Announcement for TOOT at Sanders Ferry Park titled "Nobody Trashes Tennessee". The winners of the July Beautification Awards received a gift card from Greg Yandell of Ace Hardware. The winners are as follows: • Business winner- Bluegrass Yacht and Country Club-550 Johnny Cash Pkwy. • Ward 1-Debbie and Jamie Erwin-146 LaPlaza Dr. • Ward 2- Dale and Jenny Payne-230 Shivel Dr. • Ward 3- John Aguilar-1000 Victoria Lane West • Ward 4- Daniel and Joyce Ferguson-398 Indian Lake Rd. • Ward 5-James and Jodi Perry-103 Monteview Dr. • Ward 6- Mike and Judy Darnell-104 Catalina Way PUBLIC HEARING None MINUTES OF REGULAR :tvffiETING JULY 25, 2023 PAGE3 MINUTES Waters moved; seconded by Garza to approve the June 27, 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 Clary read the guidelines of Citizen Comments. David Moo my, 971 Cherry Grove Drive, addressed the Board regarding the Exit 8 railroad crossing upgrades. He shared distances and response/travel times of different scenarios and stations to his home. He concluded by urging the City and the County to find a solution for clear access to the Saundersville Road subdivisions. Steven Rozek, 110 S. Laurens Way, addressed the Board regarding the monument at the entrance to Wyncrest subdivision. When a developer was granted a zoning variance from residential to commercial, he verbally agreed to leave it in place and maintain it. Instead, it fell into disrepair as the only maintenance done was mowing around it. Mr. Rozek expressed his displeasure with the Planning Commission who approved the demolition of the monument, which was destroyed July 25, 2023, prior to coming to BOMA for a vote. Mr. Rozek mentioned the issues with Jackson Townhomes and Floor and Decor and verbal agreements made are not a good idea. John Wallace of284 Raintree Drive addressed the Board with his displeasure of the VRBO located at 540 Indian Lake Rd. He stated his stance against VRBOs and feels they have no place in Hendersonville. He also feels $50.00 fines per night is not enough. He requested the fines be increased at the City and the State level. Kenneth Verble of 110 The Landings addressed the Board of his displeasure of the VRBO in his neighborhood and how the area has now been invaded by the beginnings of commercial operations of Airbnbs. These allow the uncontrolled entrance and exits of questionable activity. He relayed to the Board that he did appreciate what was in place to control such operations and commended the Board for putting protection in place for the citizens. CONSENT AGENDA None MINUTES OF REGULAR MEETING JULY 25, 2023 PAGE4 ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-14, an ordinance amending Hendersonville Municipal Code Title 11, Chapter 8, regulating the use of tobacco and vapor products Waters moved; Goodwin seconded a motion to approve Ordinance 2023-14. Dixon stated she would be abstaining from the vote due to her livelihood depending on tobacco. There was no discussion. There was a unanimous vote to approve Ordinance 2023-14 on second and final reading with Dixon abstaining. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-15, an ordinance amending Hendersonville Municipal Code Title 1, Chapter 5, relative to public meetings of all governing bodies of the city (Subject to approval by the Board, pursuant to Ordinance 2002-12). Roberson moved; Burgdorf seconded a motion to approve Ordinance 2023-15 . Without objection, Peterson was added as a sponsor. There was discussion. Sasse moved; Garza seconded a motion to amend Ordinance 2023-15 by changing the language in 1-503 (5) from "may make the agenda available to the public through its website ... " to "will make the agenda available to the public through its website, barring any unforeseen circumstances outside the City's control...". There was a majority vote of nine (9) to three (3) to approve the first amendment to Ordinance 2023-15 with Dixon, Garton and Goodwin voting nay. Clary declared the motion carried. Burgdorf moved; Skidmore seconded a second amendment to Ordinance 2023-15 under 1-504 to change two (2) minutes to five (5) minutes. There was discussion. There was a unanimous vote to approve the second amendment to Ordinance 2023-15. Clary declared the motion carried. MINUTES OF REGULAR MEETING JULY 25, 2023 PAGES There was a unanimous vote to approve Ordinance 2023-15 on first reading, twice amended. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-16, an ordinance appropriating a Violent Crime Intervention Fund (VCIF) Collaborative Grant for the Sumner County Region to be administered by the Hendersonville Police Department (Subject to approval by the Board, pursuant to Ordinance 2002-12). Clary moved; Goodwin seconded a motion to approve Ordinance 2023-16. There was no discussion. There was a unanimous vote to approve Ordinance 2023-16 on first reading. Clary declared the motion carried. The caption was read for Resolution 2023-26, a resolution accepting a Violent Crime Intervention Fund (VCIF) collaborative grant for the Sumner County Region and administered by the Hendersonville Police Department (Subject to approval by the Board, pursuant to Ordinance 2002-12). Waters moved; Sasse seconded a motion to approve Resolution 2023-26. There was no discussion. There was a unanimous vote to approve Resolution 2023-26. Clary declared the motion carried. The caption was read for Resolution 2023-25, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 2, Section 26 in Hendersonville, Sumner County, Tennessee. Roberson moved; Goodwin seconded a motion to approve Resolution 2023-25. There was no discussion. There was a unanimous vote to approve Resolution 2023-25. Clary declared the motion carried. The caption was read for Resolution 2023-27, a resolution authorizing the City's Administrative Services Department to apply for Public Entity Partner's Safety Grant for the purchase of safety and loss prevention items (Subject to approval by the Board, pursuant to Ordinance 2002-12). MINUTES OF REGULAR MEETING JULY 25, 2023 PAGE6 Sasse moved; Garza seconded a motion to approve Resolution 2023-27. There was discussion. Without objection Peterson was added as a sponsor. There was a unanimous vote to approve Resolution 2023-27. Clary declared the motion carried. The caption was read for Resolution 2023-28, a resolution amending the Job Classification List and Pay Tables to correct a clerical error for the City of Hendersonville, Tennessee (Subject to approval by the Board, pursuant to Ordinance 2002-12). Waters moved; Dixon seconded a motion to approve Resolution 2023-28, There was no discussion. There was a unanimous vote to approve Resolution 2023-28. Clary declared the motion carried. The caption was read for Resolution 2023-31, a resolution authorizing the City's Department of Parks and Recreation to apply for a BlueCross BlueShield Healthy Place Grant. Peterson moved; Garza seconded a motion to approve Resolution 2023-31. There was discussion. There was a unanimous vote to approve Resolution 2023-31. Clary declared the motion carried. OTHER AGENDA ITEMS Dixon moved; Roberson seconded a motion to postpone any action taken by the ad-hoc committee until BOMA receives word that the City's applications for grants at TDOT and GNRC have been determined and to include the Capital Projects Committee will monitor the pending grant applications and inform BOMA of the results when it is time for the ad-hoc committee to move forward to begin discussions with TDOT regarding the consequences of terminating the contract on Exit 8 and bring a report and recommendation to BOMA on how to proceed. There was discussion. MINUTES OF REGULAR MEETING JULY 25, 2023 PAGE7 There was a majority vote seven (7) to five (5) to approve the motion. The voting was as follows: Aye: Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Clary Nay: Burgdorf, Martin, Sasse, Skidmore, Waters Goodwin moved; Dixon seconded a motion to take a five (5) minute break. There was no discussion. The motion passed by majority vote ten (10) to two (2) with Sasse and Skidmore voting nay. Waters moved; Roberson seconded a motion to reappoint Mayor Jamie Clary to the Resource Authority of Sumner County Board of Directors. Burgdorf moved to nominate Dan Bertell to be appointed to the Resource Authority of Sumner County Board of Directors. No second needed for a nomination. There was discussion. There was a majority vote nine (9) to three (3) to reappoint Mayor Jamie Clary to the Resource Authority of Sumner County Board of Directors with voting as foJlows: Clary-Dixon, Gargon, Garza, Goodwin, Peterson, Roberson, Sasse, Waters, Clary Bertell-Burgdorf, Martin, Skidmore Clary declared motion carried. Clary moved; Dixon seconded a motion to appoint Tamara Ingersoll as the City's Finance Director & City Recorder. There was no discussion. There was a unanimous vote to appoint Tamara Ingersoll as the City's Finance Director & City Recorder. Clary declared motion carried. REPORTS Brief Committee Reports Finance-Dixon • Met July 25, 2023. • All members were present. • Reading of Ordinance 2023-16, an ordinance appropriating a Violent Crime Intervention Fund (VCIF) Collaborative Grant for the Sumner County MINUTES OF REGULAR MEETING JULY 25, 2023 PAGES Region to be administered by the Hendersonville Police Department. Unanimous vote to move forward. • Reading of Resolution 2023-21, a resolution to adopt the 2023 Purchasing Policy. The Purchasing Policy had not been updated since 1998. Unanimous vote. • Reading of Resolution 2023-22, a resolution to adopt guidelines for budget amendments. Voted two (2) to one (1) not to recommend to BOMA. • Sales Tax is still strong but leveling. Public Works-Skidmore • Met July 25, 2023 . • Resolutions discussed in committee all passed BOMA tonight, July 25, 2023 . • Waste Services Collection - Extension of Contract-increase of 100% for one (1) year extension; 100% - 120% increase for (5) year extension. • Trash Collection Update-The misses are a little high, but the committee expected that due to increasing temperatures, trucks breaking down, etc. Misses have not yet met the criteria to be fined. • Limb and Brush Collection Update-The Public Works Director is going to put out a bid for third-party assistance. • Light Synchronization Update-On time, on budget; either a small amount over or under depending on the phase, Phase 2 is in the process of getting ready to be bid. • Roundabout Status-still on budget, storms have slightly delayed work. • Sanders Ferry Greenway Update-On budget and on time. • Pickleball Courts-Out to bid for 8 courts next month. • Paving from the train tracks to main street on Saundersville Road will be done July 26, 2023. Closed from 9:00 am-3:00 pm. • Town Han meeting at 7pm August 8, 2023. General-Peterson-Report Given by Jason Gallo, Administrative Services Director • Met July 25, 2023, for a Special Called Meeting. • Discussed Ordinance 2023-15, an ordinance amending Hendersonville Municipal Code regarding the Citizens Comments. • Discussed Ordinance 2023-16 and Resolution 2023-26 regarding the VCIF Grant. • Discussed Ordinance 2023-17 relative to the purpose and structure of city boards and committees that will be coming before BOMA. • Discussed Resolution 2023-27 regarding a 50/50 Public Entity Partner's Safety Grant which can be used retroactively for equipment that has been purchased for the employees and work safety items. • Discussed Resolution 2023-28, clerical error correction. • Discussed Resolution 2023-29, regarding a Code of Conduct for BOMA. This is in addition to the Code of Ethics that already exists. There were twelve (12) items that went forward with discussion of a possible thirteenth (13 th ). It went back to Mayor Clary for additional edits and will be coming to BOMA. MINUTES OF REGULAR :MEETING JULY 25, 2023 PAGE9 Planning-Martin • Met July 10th , 2023. • There were no speakers for the Public Hearing and no citizen comments. • Consent Agenda item approved-Southview Professional Plaza Sign Revision (Wyncrest Sign) - Site Plan • Development Plans for the Triangle, Phase 2 located at 569 New Shackle Island Road were withdrawn by the owner. • Site Plan for Crain Wallace approved four (4) requests for waivers. • Floor and Decor-Approved the number of parking spaces. • Jackson Townhomes' Site Plan Amendment was denied. There were no drawings submitted. • Staff-Level Projects were discussed. • From the Planning Director Comments, the Nearwater Development is not going to purchase the adjacent property for traffic access to the street that goes out to the light. Traffic from the development will enter and exit the property through the entrance in front of Waffle House. • Westlake Rezoning Progress-Rezoning Old Town Residential and Old Town Commercial. • Midway Focus Area-Planned Unit Development. • Second look at Code required parking for commercial shopping centers and assisted living. • Stop 30 Update. A workshop was held to hear from community. The primary issue heard was whether a road was going to go through the Creekwood subdivision. BOMA Report-Eckenroth • Paving by the CSX railroad will require a road closure Wednesday, July 26, 2023, and Thursday July 27, 2023. • Shout out to Public Works for working overtime to get limbs and brush cleaned up. • Touch a Truck event at Drakes Creek Park Friday, July 28, 2023, 10:00 am - 1:00 pm. • Saundersville roundabout is a little behind due to the rain. A revised schedule should be available Wednesday July 26, 2023. Press release of the new schedule will be published. • Congratulations to Tamara Ingersoll in her new role of Finance Director. Three members of Finance were present in support of Director Ingersoll. Upon motion by Dixon and second by Goodwin there was a unanimous vote for approval to adjourn. Clary declared the motion carried.