Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING August 22, 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 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 Dr. Jeff Phillips, Senior Pastor of Saundersville United Methodist Church, Belmont Faculty member, and Musical Director/Band Director for the Hendersonville High School Band for 30+ years. Mayor Clary led the Pledge of Allegiance. AGENDA The August 22, 2023, BOMA meeting was called to order by Mayor Jamie Clary. All thirteen members ofBOMA were present. Waters moved; seconded by Dixon to approve the August 22, 2023, agenda. Burgdorf moved; Sasse seconded a motion to amend the agenda by removing Item number five (5), Ordinance 2023-17, to get clarification on the language. There was discussion. There was a majority vote often (10) to three (3) with Collins, Garza, and Waters voting nay. Clary declared the motion carried. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE2 The original motion as amended received a majority vote of twelve (12) to one (1) with Waters voting nay. Clary declared the motion carried. PRESENTATIONS Gabriel Boaroon was presented a Certificate of Excellence for his brave and heroic actions by the Hendersonville Fire Department. Gabriel, staying with his grandparents, heard the smoke detectors going off and was insistent upon them checking it out. The grandfather checked and there indeed was a fire on the outside of their home. Everyone evacuated safely and Hendersonville Fire responded. The smoke detectors had been installed by HFD as part of a smoke detector program HFD participates in. A Challenge Coin was also presented to Gabriel. There was a presentation of August Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. The winners of the August Beautification Awards received a gift card from Greg Yandell of Ace Hardware as well. The winners are as follows: • Ward I-Eddie and Jessica Ligon-221 Harbor Dr. • Ward 2- Jana and Mark Miller-90 Blue Ridge Trace • Ward 4-Thomas Gardner-124 Hedgelawn Dr. • Ward 5-Jim and Donna Smith-3 Wyndemere • Ward 6- Marianne and MikeBlodgett-119 Blackhawk Lane Officer Emily Tipsord, the new Hendersonville Police Community Coordinator, was introduced by Assistant Chief Jim Jones. Officer Tipsord stated her goal was to help the citizens get to know the officers more personally and vice versa. She wants to encourage and establish a two-way street within the community between the officers and citizens as opposed to just her being known as the community officer. PUBLIC HEARING None MINUTES Burgdorf moved; seconded by Garza to approve the July 25, 2023, minutes as provided in the packet. There was no discussion. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE3 There was a unanimous vote to approve the minutes. Clary declared the motion carried. CITIZENS' COMMENTS None CONSENT AGENDA The captions were read for second and final 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, Resolution 2023-30, a resolution accepting the dedication of the completed streets in Wynbrooke, Phase 6, Hendersonville, Sumner County, Tennessee, and Resolution 2023-32, a resolution authorizing the City's Department of Parks and Recreation to apply for a property conservation grant with Public Entity Partners. Collins moved; Roberson seconded a motion to accept the three (3) items on the Consent Agenda. There was discussion. There was a unanimous vote to approve the consent agenda. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-15, an ordinance amending Hendersonville Municipal Code Title I, Chapter 5, relative to public meetings of all governing bodies of the city. Waters moved; Collins seconded a motion to approve Ordinance 2023-15 . There was discussion. Sasse moved, Garza seconded a motion to amend Ordinance 2023-15 by correcting a typographical error Under I-503, Item 5 from "Cit's" to "City's". There was a unanimous vote to approve the amendment. Clary declared the motion carried. There was a unanimous vote to approve Ordinance 2023-15 as amended. Clary declared the motion carried. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE4 Roberson moved, Goodwin seconded a motion to allow a citizen to address the Board with comments. There was no discussion. There was a unanimous vote to allow the comments. Clary read the rules pertaining to Citizens Comments. Michael Hamill of 121 Spy Glass Way addressed the Board with concerns regarding Blasting and the long-term effects on the foundations of homes in the area. The caption was read for first reading of Ordinance 2023-18, an ordinance amending Title 5, Chapter 1, of the Hendersonville Municipal Code regarding procurement. Collins moved; Dixon seconded a motion to approve Ordinance 2023-18. There was brief discussion. There was a unanimous vote to approve Ordinance 2023-18. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-19, an ordinance rezoning 4.34 acres located at 281 East Main Street, between Maple Row Boulevard and Maple Drive, on the south side of East Main Street, and approving the Alexander Commercial Development Plan to govern the development of said property. Waters moved; Peterson seconded a motion to approve Ordinance 2023-19. There was discussion. Peterson moved; Dixon seconded a motion to allow the developer to address the Board. There was no discussion, and the motion was passed with a unanimous vote. Clary declared the motion carried. The developers, Rick Morrow and Miranda Kelly of R & C Enterprises, addressed the Board regarding their questions and concerns. Waters moved to call the question. There was no second. Collins moved; Dixon seconded a motion to defer this item until the September 26, 2023 meeting ofBOMA. The motion to defer this item was withdrawn by Collins and Dixon withdrew the second. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGES Clary withdrew Ordinance 2023-19 to be brought back and the September 26, 2023, BOMA meeting. Dixon moved; Sasse seconded a motion to take a break at 8:41 pm. There was a unanimous vote to take a break. Clary declared the motion carried. The caption was read for Resolution 2023-22, a resolution to adopt guidelines for amendments to budget ordinances for the City of Hendersonville. Waters moved; Dixon seconded a motion to approve Resolution 2023-22. Without objection Dixon was added as a sponsor. There was discussion. Roberson moved; Dixon seconded an amendment to remove item "e", "Any other significant events justifying the need for such an amendment". There was discussion. There was a majority vote often (10) to three (3) to amend Resolution 2023-22 with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Clary Nay: Burgdorf, Skidmore, Waters There was continued discussion. There was a majority vote of eight (8) to five (5) to approve Resolution 2023-22 as amended with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Roberson, Waters, Clary Nay: Burgdorf, Martin, Peterson, Sasse, Skidmore Clary declared the motion carried. The caption was read for Resolution 2023-29, a resolution establishing a code of conduct for members of the Board of Mayor and Aldermen. Waters moved; Garton seconded a motion to approve Resolution 2023-29. Clary moved; Goodwin seconded a motion to remove the list one (1) through twelve (12) and substitute the following: MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE6 1. Provide a positive impression of Hendersonville; 2. At all times adhere to state and local law, including the Open Meetings Act, Sunshine Law, and city's Code of Ethics. 3. Promptly return calls, emails, and city-related communications from residents; 4. Attend meetings of the board, workshops, assigned standing committees, and citizen committees for which they serve as a liaison; 5. Attend other committee meetings which might be helpful to becoming familiar with issues and ideas pertinent to City; 6. Inform the mayor in advance of expected absences; 7. During all meetings, demonstrate respect to other board members, staff, citizens, and presenters, providing attention to their comments and avoiding distractions; 8. When speaking to others in public meetings, avoiding the use of profanity and behavior which may be considered as belligerent or discourteous; 9. Be prepared for board meetings and committee meetings; 10. When possible and proper to do so, provide timely notice to staff and other suitable individuals of future proposals that may allow others time and opportunity to research and prepare for such matters; 11. Be respectful and open to learning about opposing positions; make informed and unbiased policy decisions based on accurate, reliable, and relevant information, as well as public input; and 12. Respect the division of legislative and executive functions, allowing staff to be supervised by the mayor and COO. 13. Refer media inquiries for city information to the mayor's office or public information officer. There was a majority vote of eleven (11) to two (2) to amend Resolution 2023-29 with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Waters, Clary Nay: Burgdorf, Skidmore Clary declared the motion carried. Roberson moved; Sasse seconded a second amendment to Resolution 2023-29 to add to the language at the end of number two (2) in the list Code of Ethics"; laws and Constitution of the United States; and laws and Constitution of Tennessee." There was a unanimous vote to approve the second amendment to Resolution 2023-29. Clary declared the motion carried. There was discussion. Waters moved; Sasse seconded a motion to send Resolution 2023-29 back to the General Committee to have more discussion and establish ethics to bring back to BOMA at the September 26th , 2023, meeting. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE7 There was a majority vote of ten (10) to three (3) to return Resolution 2023-29 to the General Committee for further discussion. The voting was as follows: Aye: Burgdorf, Collins, Dixon, Garton, Goodwin, Martin, Roberson, Sasse, Skidmore, Waters Nay: Garza, Peterson, Clary Clary declared the motion carried. The caption was read for Resolution 2023-33, a resolution authorizing the Board of Mayor and Aldermen to adopt the Sumner County Mitigation Plan as an official plan. Roberson moved; Sasse seconded a motion to approve Resolution 2023-33. There was discussion. There was a unanimous vote to approve Resolution 2023-33 Clary declared the motion carried. OTHER AGENDA ITEMS Roberson moved; Sasse seconded a motion to group the appointment of Bob Montoya to the Board of Parks and Recreation, Nicholas Gamble to the Arts Council and the reappointment of Gene Hively to the Arts Council as a group. (Subject to approval by the Board, waiving the consideration agenda appearance prior to voting). There was a unanimous vote to group the 3 votes. Clary declared the motion carried. There was a unanimous vote to appoint Bob Montoya to the Board of Parks and Recreation, Nicholas Gamble to the Arts Council and reappoint Gene Hively to the Arts Council as a group. (Subject to approval by the Board, waiving the consideration agenda appearance prior to voting). Clary declared the motion carried. REPORTS Brief Committee Reports Finance-Dixon • There was no meeting. It was cancelled. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE8 Public Works-Skidmore • Met August 22, 2023 . • Several Citizens came for comments . • Trash Collection Update-Starting@ 6:00 am due to the high temperatures . • Limb and Brush Collection Update-finishing up the first run and then will begin the route over. • Light Synchronization Update-On time, on budget; Public Works is getting an update 8/23/2023. • Sanders Ferry Greenway Update-Going well. On a time frame with TDOT to complete landscaping. • Saundersville Roundabout is complete . General-Peterson-Report Given by Jason Gallo, Administrative Services Director • Met August 8, 2023, • Discussed Ordinance 2023-18, an ordinance amending Title 5, Chapter lofthe Hendersonville Municipal Code regarding procurement. • Discussed Ordinance 2023-19, an ordinance rezoning 4.34 acres located at 281 East Main Street, between Maple Row Boulevard and Maple Drive, on the south side of East Main Street, and approving the Alexander Commercial Development Plan to govern the development of said property. • Discussed future AV needs for the future. Moved to the next General Committee meeting. Public Safety-Goodwin • Met August 8, 2023. • Discussed Resolution 2023-33 a resolution authorizing the Board of Mayor and Aldermen to adopt the Sumner County Mitigation Plan as an official plan. • Discussed to come up with a plan regarding fireworks. • Chief Bush presented a HFD Strategic Plan. • Discussed the HPD TLETA Tuition Grant Planning-Martin • Met August 1, 2023. • Discussed the Alexander Commercial Development. • Discussed the variance request from Chick-Fil-A regarding the Site Plan for the Canopy and Parking Lot for Store #1481 , • Jackson Townhomes came back with a new Site Plan.__ The ·steps were demolished, and they came back with an expensive fix that was very close to the requirement. The Planning Commission approved the plan. • Preliminary Plats were approved for Baird Farms and Curtis Crossroads Subdivision. • Planning Director Free's announcements included Caitlin Shinn achieving the position of Assistant Planner, filling the recently vacated position, the Planning Tech search is underway and Director Free is very pleased with Jason Hollars' work. MINUTES OF REGULAR MEETING AUGUST 22, 2023 PAGE9 BOMA Report-Eckenroth • Interim City Attorney Wray has been in court dealing with Short Term Vacation Rental Enforcement. • The Fire Department has given eleven ( 11) offers of employment; 9 of which will be starting or have already started at the Fire Academy and the other two will start in September. • Trash survey is on the City website . • Received word from CXT today, manufacturer of the restroom at the Rugby Complex, that the building is complete on their site and coordinating shipment. • Director Gilley sent substantial completion of the Pickleball Court design . • BOMA report is provided in the packet. Eckenroth asked that the Board be cognizant that revenues and expenses are going to be adjusted as the books are closed in August. Could be some slight deviations or recategorizing. • Local Sales Tax is still up . • Expenses are up . • Calls and services for Police and Fire and included in the report . • Continuing to improve on and include different metrics in the BOMA Report. Mayoral Report • Roundabout is completed. Thanks to Eckenroth and Public Works for staying on top of the construction company. It was completed at no cost to the City. • As a representative to the Board of Directors for the Resource Authority of Sumner County, last month yielded an average of 539 tons of trash per day. After expansion, about I 000 tons per day will be able to be taken on. This gives Hendersonville another option to dispose of residential trash. In tum, this might give way to some lower rates for trash pickup within the City. • Please take the trash survey online. • There will be a workshop next week to discuss trash and a major opportunity for recycling. Upon motion by Waters and second by Goodwin there was a unanimous vote for approval to adjourn. Clary declared the motion carried.