Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING September 26, 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 DJXON, 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 Alderman Eddie Roberson. Mayor Clary led the Pledge of Allegiance. AGENDA The September 26, 2023, BOMA meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Sasse to approve the September 26, 2023, agenda. Burgdorf moved; Collins seconded a motion to withdraw Item #5, first reading of Ordinance 2023-22 to bring it back at a later date. As both were sponsors of the ordinance, there was no need for a vote. Clary moved; Waters seconded a motion to amend the agenda by adding under X. Reports, after Item #8. BOMA Report, Item #9. Discussion regarding a possible property purchase, correcting "August" to "September" under III B. Presentation of the Beautiful Hendersonville Awards, and correcting the spelling of Alderman Waters' name from "Watters" to "Waters" under VIII. Ordinances & Resolutions, Item #3, First reading of Ordinance 2023-20. MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE2 There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. There was no more discussion on the original motion. There was a unanimous vote on the original motion as amended. Clary declared the motion carried. PRESENTATIONS There was a presentation of a proclamation to HolidayFest. • Representatives from HolidayFest were present to accept the proclamation. • Larry Phillips detailed events and the purpose of HolidayFest. • The events held by HolidayFest benefit Sumner County charities. • Hendersonville leads the holiday season kickoff beginning September 1, 2023, through February 2024. • Visit HolidayFestTN.org for more information. There was a presentation of September Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. The winners were as follows: • Business-Volunteer Village-247 W. Main Street-Mr. Kenneth Powers • Ward I-No winner • Ward 2-Scout and Jimmy Edwards-142 N. Country Club • Ward 3-Tom and Debbie Smith-185 Evergreen Circle • Ward 4-John and Barbara Benbow-108 Natchez • Ward 5-JeffErnsberger-101 Brant Lane • Ward 6-Jeremiah Hackert-119 Wessington Place Mr. Greg Yandell presented Ace Hardware gift cards to the winners. Ms. Paschal reminded everyone to send in nominations and gave notification of a city-wide litter cleanup to be held on November 11, 2023. PUBLIC HEARING None MINUTES Garza moved; seconded by Goodwin to approve the September 12, 2023, minutes as provided in the packet. MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE3 There was no discussion. There was a unanimous vote to approve the minutes with Dixon and Peterson abstaining. Clary declared the motion carried. CITIZENS' COMMENTS The guidelines for Citizens' Comments were read by Mayor Clary. Steven Rozek of 110 S. Lauren's Way addressed the Board regarding Ordinance 2023-19 and not having seen new modifications for the Alexander Development. His concern is the access from Maple Row Blvd. into the parking lot of Regions Bank. It is currently very congested, and he would like to have an answer to that issue. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-17, an ordinance amending Hendersonville Municipal Code Title 1, Title 2, and Title 20, relative to the purpose and structure of City boards and committees. Waters moved; Collins seconded a motion to approve Ordinance 2023-17. There was discussion . Upon explanation by Interim City Attorney Lance Wray of deletions needed due to the obsolescence in Ordinance 2020-53 as it will replace Title 01, Chapter 12 in the Hendersonville Municipal Code if approved on second reading of Ordinance 2023-17, Goodwin moved; Garton seconded a motion to amend Ordinance 2020-53 by deleting Section 2, Items #4 and #6, Section 4, Item #2, and renumerate accordingly. There was discussion. There was a unanimous vote to approve the amendment to Ordinance 2020-53 . Dixon noted that on the chart included for information only showing Boards, Commissions and Committees, her name was showing as the liaison for the Deer Herd Committee and should reflect Burgdorf. There was a unanimous vote to approve Ordinance 2023-17 as amended. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-19, an ordinance rezoning 4.34 MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE4 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. Collins moved; Sasse seconded a motion to approve Ordinance 2023-19. There was discussion. Timothy Whitten, Assistant Planning Director, before discussion first corrected an error in the Staff Report. On page 2, third sentence down, the report spoke of an existing "red light". It should read "stop sign". Without objection, Miranda Kelly with R & C Enterprises was allowed to address the Board and answer questions. Clary moved; Waters seconded a motion to amend Ordinance 2023-19 by adding a third paragraph to Section 1 to read "as a condition of the Final Development Plan, 50% of the traffic signal must be paid by the developer/owner and the middle parcel is prohibited from being permitted prior to access to Maple Row Blvd being provided." There was no further discussion. There was a unanimous vote to approve the amendment to Ordinance 2023-19. Clary declared the motion carried. There was a very brief discussion prior to the vote on the original motion as amended. There was a majority vote of eleven (11) to two (2) to approve Ordinance 2023-19 as amended with the following vote: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Waters, Clary. Nay: Burgdorf, Skidmore. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-20, an ordinance requesting citizens to determine by election whether to adequately fund public safety, infrastructure, parks, and paving in the City of Hendersonville by a small increase in sales tax of½ penny per dollar for only 10 years. Roberson moved; Waters seconded a motion to approve Ordinance 2023-20. Roberson moved; Waters seconded to amend Ordinance 2023-20 by adding an additional "Whereas," to read "under current State law, municipalities and local MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE5 governments are not allowed to exempt food and food ingredients ("groceries") from any increase to the local option sale tax rate and as such the City desires to make a request to the State legislature for the authority to exempt these items:" and to add Section 8 to read: "This Ordinance shall be forwarded to the State delegates for the City to request passage as defined under Tennessee Code Annotated, §67-6-228 from any increase to the local option sale tax rate." There was a unanimous vote to approve the amendment to Ordinance 2023-20. Clary declared the motion carried. Roberson moved; Dixon seconded a second amendment to Ordinance 2023-20 to delete the second paragraph under Section 7 and replace it with the following language from the General Committee's recommendation: "Shall the Hendersonville Investment in the Future Act, which increases the city's sales tax by a half a penny per dollar for 10 years for the purpose of funding public safety, infrastructure, parks, and paving be approved?" There was a unanimous vote to approve the second amendment to Ordinance 2023-20. Clary declared the motion carried. Roberson shared his comments regarding The Hendersonville Investment in the Future Act and requested they become part of the record in relation to Ordinance 2023-20. Collins moved to remove the Sunset Law from Ordinance 2023-20, Section 2. There was no second. There was a unanimous vote to approve Ordinance 2023-20 as amended. Clary declared the motion carried. Garza moved; Sasse seconded for a break. There was a unanimous vote to approve the motion to take a break at 8:34 pm. Clary declared the motion carried. The BOMA meeting resumed at 8:44 pm. Martin moved, Sasse seconded a motion to approve on first reading Ordinance 2023-21, an ordinance amending the Hendersonville Municipal Code, Title 14, Chapter 1, regarding video recording of municipal Planning Commission meetings. There was discussion. MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE6 There was a majority vote twelve (12) to one (1) to approve Ordinance 2023-21 on first reading with Clary voting nay. The caption was read for Resolution 2023-29, a resolution establishing a code of conduct for members of the Board of Mayor and Aldermen. Clary moved; Waters seconded a motion to approve Resolution 2023-29. There was discussion. Roberson moved; Peterson seconded a motion to amend Resolution 2023-29 by changing Item #13 to read "Inform the Mayor's Office or the Public Information Officer of any media inquiries for City information." There was discussion. There was a majority vote of nine (9) to three (3) and one (l) abstention to approve the amendment to Resolution 2023-29 with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Waters, and Clary. Nay: Martin, Sasse, Skidmore Abstain: Burgdorf Peterson moved; Dixon seconded a motion to approve a second amendment to Resolution 2023-29 by adding language to #3 . After "residents", remove the semi-colon and add a coma followed by "city staff and/or elected officials;" There was discussion. There was a majority vote of eleven (11) to two (2) with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Skidmore, Waters, Clary. Nay: Burgdorf, Sasse. Clary declared the motion carried. Sasse moved; Martin seconded a motion for a third amendment to Resolution 2023-29 to remove # 1 and #5. There was discussion. The motion failed five (5) to eight (8) with voting as follows: Aye: Burgdorf, Martin, Roberson, Sasse, Skidmore Nay: Collins, Dixon, Garton, Garza, Goodwin, Peterson, Waters, Clary Clary declared the motion failed. Without objection, Peterson was added as a sponsor. MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGE7 The original motion, twice amended, was approved by majority vote of nine (9) to four (4) with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Waters, Clary Nay: Burgdorf, Martin, Sasse, Skidmore Clary declared the motion carried. OTHER AGENDA ITEMS None REPORTS Brief Committee Reports Finance-Dixon • Met September 26, 2023 . • Discussed Ordinance 2023-20, an ordinance requesting citizens to determine by election whether to adequately fund public safety, infrastructure, parks, and paving in the City of Hendersonville by a small increase in sales tax of ½ penny per dollar for only 10 years. Passed unanimously and sending to BOMA. • Discussed Ordinance 2023-23, an ordinance amending Ordinance 2023-11 to reflect final-year adjustments to the City's 2024 Fiscal Year Budget. Purpose-to true-up actual project funds. Passed unanimously and sending to BOMA. • Discussed Resolution 2023-35, a resolution to revise and update the Fund Balance and Reserve Policy for the City of Hendersonville. Purpose-creating a new reserve fund for Public Safety. Will proceed to BOMA's next meeting. • Discussed Sales Tax Analysis . Public Works-Skidmore • Met September 26, 2023 . • Discussed Resolution 2023-36, a resolution authorizing the Mayor to enter into an agreement with Broken Paddle Outfitters, LLC for vendor services in city park facilities. Kayak rentals at certain areas in the Park. • Discussed Resolution 2023-37, a resolution ratifying the Parks Department Background Checks Policy approved by the Parks Board. • Discussed Resolution 2023-38, a resolution authorizing the Mayor to enter into an agreement with Livebarn, Inc. for providing livestreaming video services at the in-line hockey rinks of Volunteer Park. There is a fee. • Discussed Resolution 2023-39, a resolution authorizing the Mayor to enter into an agreement to host the TMSAA Baseball and Softball State Championships. Skidmore noted that all passed unanimously to move forward to BOMA. • Trash Collection Update-Misses are up, but that's normal for this time of year. • Sanders Ferry Greenway - Corps Lease-Completion date of November 17, 2023. MINUTES OF REGULAR MEETING SEPTMEBER 26, 2023 PAGES On budget. • Limb and Brush Collection-Improving. Normal turn-around time is 4-6 weeks. Currently the status is 6-8 weeks. • Mustang Lane School Traffic-Situation has improved. • Light Synchronization Update-Installing fiber next week. BOMA Report-Eckenroth • Eckenroth recognized Director Gilley and the Parks Department team by sharing a voicemail received from a citizen who had rented a shelter for a Celebration of Life event. Instead of the expected picnic tables for seating, chairs had been set up. The citizen was very moved by this special effort. • Paving update • Paving list-Strike through 's mean completed. The level of service decreased because of the increased costs. Had to cut 35% of paving initially planned. There was discussion regarding a property the City retains an easement and a first right of refusal should the property go up for sale. The property is located at 1468 Saundersville Rd and is across the street from Country Hills Golf Course. The owner has contacted Mayor Clary with a sales price of $442,588.20. Interim City Atty. Wray will be verifying the Fair Market Value of the property. October 11, 2023 is the last day to respond. Several Aldermen weighed in with opinions to not purchase while others saw possible uses for the City Parks. Upon motion by Skidmore and second by Waters there was a unanimous vote for approval to adjourn. Th;;;:~-;;;z;; Clary declared the meeting adjourned. p.m. Approved· Jamie Clary, Mayor 1-· - / tI