Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING October 10, 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 Associate Pastor Joshua Strader of Hendersonville First United Methodist Church. Mayor Clary led the Pledge of Allegiance. AGENDA The October 10, 2023, BOMA meeting was called to order by Mayor Jamie Clary with all Board members present. Waters moved; seconded by Goodwin to approve the October 10, 2023, agenda. Roberson moved; Waters seconded a motion to amend the agenda by removing from the agenda Item #8, Resolution 2023-42, and bring it back for a vote in two weeks. There was discussion which included objection to waiving the two-week rule, spending almost $500,000.00 without going to the Finance Committee first, seizing the opportunity to gain land for the City, the repercussions of not voting tonight and missing out on the purchase opportunity. Interim City Attorney Wray noted there was a contract on the property if the City does not activate the first right of refusal. MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGE2 Clary explained that a "Aye" vote means the item will not be considered on this agenda and a "Nay" vote means the item will be considered on this agenda. The motion failed seven (7) to six (6) with voting as follows: Aye: Dixon, Garton, Goodwin, Roberson, Skidmore, Waters Nay: Burgdorf, Collins, Garza, Martin, Peterson, Sasse, Clary Clary declared the motion failed. Clary moved; Sasse seconded a motion to amend Item #12 to consider BOMA's schedule for future meetings. There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. There was a unanimous vote on the original motion as amended. Clary declared the motion carried. PRESENTATIONS None PUBLIC HEARING None MINUTES Waters moved; seconded by Peterson to approve the September 26, 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 The guidelines for Citizens' Comments were read by Mayor Clary. Steven Rozek of 110 S. Lauren's Way addressed the Board with concerns regarding the potential agreement with Broken Paddle Outfitters, LLC, Resolution 2023-36. Mr. Rozek MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGE3 brought six (6) points to the Board including questioning how a for-profit business could put a structure and docks on City owned property as well as who pays for the response for a water rescue. He expressed reservations of the increased liability for the City after reading the liability waiver for Broken Paddle. Mr. Rozek closed his comments by asking the Board to please remember the points made in their voting. Prior to the vote on the Consent Agenda, clarification was made by Director Gilley on Resolution 2023-36 that the percentage of net sales to be paid to the City was 7 .5%. That percentage was reflected in the Staff Report, but the Resolution stated 7 .4%. It was determined the Resolution would need to be amended. Collins moved; Roberson seconded a motion to amend the Consent Agenda by removing Item # 1 and placing it as Item #4 under Section VIII, renumbering the rest of the agenda. There was a brief discussion. Sasse moved; Burgdorf seconded an amendment to the previous amendment to remove Item# 1, Resolution 2023-36 and not consider it at the October 10, 2023, meeting. There was a brief discussion. Peterson withdrew Item #1, Resolution 2023-36 from the consent agenda to be brought back for the October 24, 2023, BOMA Agenda as he was the only sponsor. Clary noted the withdrawal made the amendment and the amendment to the amendment no longer valid. CONSENT AGENDA 1. The caption was read for Resolution 2023-37, a resolution ratifying the Parks Department Background Checks Policy approved by the Parks Board. 2. The caption was read for Resolution 2023-38, a resolution authorizing the Mayor to enter into an agreement with LiveBarn, Inc. for providing livestreaming video services at the inline hockey rinks of Volunteer Park. 3. The caption was read for Resolution 2023-39, a resolution authorizing the Mayor to enter into an agreement to host the TMSAA Baseball and Softball State Championships. Waters moved; Goodwin seconded a motion to approve Items # 1 through #3 on the Consent Agenda. There was a unanimous vote to approve the Consent Agenda items as amended by the withdrawal of Resolution 2023-36. Clary declared the motion carried. MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGE4 ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-21, an ordinance amending the HendersonviJle Municipal Code, Title 14, Chapter 1, regarding video recording of municipal Planning Commission meeting. Martin moved; Sasse seconded a motion to approve Ordinance 2023-21 . There was discussion including the ordinance would not change the current method of the Planning Commission proceedings; it codifies what is currently being done and there is no fiscal impact. Site plans and other documents presented would be shown on-screen just like they are shown to the Commission There was a majority vote of ten (10) to two (2) with voting as follows: Aye: Burgdorf, Collins, Dixon, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore Nay: Waters, Clary Not Present at time of vote: Garton Clary declared the motion carried . The caption was read for first reading of Ordinance 2023-23, an ordinance amending Ordinance 2023-11 to reflect final-year adjustments to the City's 2024 Fiscal Year Budget Clary moved; Waters seconded a motion to approve Ordinance 2023-23. There was no discussion. There was a unanimous vote to approve Ordinance 2023-23 with Garton not present at the time of voting. Clary declared the motion carried. The caption was read for Resolution 2023-35, a resolution to revise and update the Fund Balance and Reserve Policy for the City of Hendersonville. Dixon moved; Garza seconded a motion to approve Resolution 2023-35 . The types of reserves being created with this resolution were named. There was discussion including the percentages to be changed and the reasons why. Sasse moved; Garza seconded to amend Resolution 2023-35 by changing the Public Safety, Rainy Day and Infrastructure funds from 25%, 25% and 50% respectively, to 30%, 20% and 50% respectively. MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGES There was a majority vote of seven (7) to six (6) to approve the amendment to Resolution 2023-35 with voting as follows: Aye: Burgdorf, Garza, Goodwin, Martin, Peterson, Sasse, Skidmore Nay: Collins, Dixon, Garton, Roberson, Waters, Clary Clary declared the motion to amend Resolution 2023-35 carried. There was no further discussion on the original motion. There was a majority vote of eleven (11) to two (2) to approve Resolution 2023-35 as amended with voting as follows: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Sasse, Skidmore, Clary Nay: Roberson, Waters Clary declared the motion carried. The caption was read for Resolution 2023-42, a resolution of intent to exercise first right of refusal on the purchase of certain real property located on Saundersville Road in Hendersonville, Tennessee (Subject to approval by the Board, pursuant to Ordinance 2002-12). Peterson moved; Collins seconded a motion to approve Resolution 2023-42. There was discussion which included Collins stating her constituents overwhelmingly were for the purchase while Garton's Ward 5 residents were against the purchase; the current unallocated fund balance and what the comptroller's recommendation is, the potential to have the land and develop it many years down the road or perhaps use it in a land swap if there was more desirable land for the City in the future. The purchase of land to improve the Parks system was not a recommendation from a recent study. The motion failed four (4) to nine (9) with voting as follows: Aye: Collins, Martin, Peterson, Sasse Nay: Burgdorf, Dixon, Garton, Garza, Goodwin, Roberson, Skidmore, Waters, Clary Clary declared the motion failed. OTHER AGENDA ITEMS Clary discussed the City Attorney Assessment filed by Interim City Attorney Lance Wray . Clary moved; Peterson seconded a motion to appoint Lance Wray as the permanent City Attorney effective October 22, 2023, to include the following: MINUTES OF REGULAR MEETING OCTOBER I 0, 2023 PAGE6 • Mr. Wray will be a part-time city employee. • No medical coverage will be provided by the City. • No retirement will be provided by the City. • No sick or vacation benefits will be provided by the City. • (Entering time like other employees online) $169.59 per hour capped at 20 hours per week average during the fiscal year. There was discussion. There was a unanimous vote to appoint Lance Wray as the permanent City Attorney. Clary declared the motion carried. REPORTS Brief Committee Reports General Committee-Peterson-Presented by Jason Gallo • Met October 10, 2023 . • Discussed Resolution 2023-40, a resolution authorizing the City's Administrative Services Department to apply for Public Entity Partner's Cyber Security Grant for the purchase of cyber security items. Approved to move to BOMA. • Discussed Resolution 2023-41, a resolution amending the job classification table and authorizing Hendersonville Police Department to hire an additional employee. Approved. • Discussed Resolution 2023-42, a resolution of intent to exercise first right of refusal on the purchase of certain real property located on Saundersville Road in Hendersonville, Tennessee. Approved 2-1. • Discussed Resolution 2023-44, a resolution to amend the Mayfair, Phase 2 Final Development Plan. Approved. • Discussed an update on the PEP Safety Grant. • Discussion of land at Mansker Farms-Postponed . • Discussion of Court naming-Curtis Lincoln . • Discussion of impact fees with Planning . Public Safety-Goodwin • Met October 10, 2023. • Discussed Ordinance 2023-24, an ordinance amending Hendersonville Municipal Code Title 7, Chapter 4, Section 402 regarding fireworks. Passed with a positive recommendation. • Discussed Resolution 2023-43, a resolution authorizing the Mayor to enter into a Mutual Aid Assistance Agreement with Shackle Island Volunteer Fire Department and Number One Volunteer Fire Department for city fire department services. Passed with a positive recommendation. • Discussed traffic at Mustang Lane/Burris. The new route is working better. MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGE7 Planning-Martin • Met October 3, 2023 • Approved the followin g Development Plans: 1. Indian Lake Center Phase 3A-FDP Add-Use (Daycare) 2. Mayfair Phase 2-FDP Amendment-Donating land • Approved the followin g Site Plans: 1. Stonecrest Phase 5 Section 2 & 3 Townhomes -Site Plan. Originally approved in 2007. 139 new townhomes. 2. Vogue Towers @Drakes Creek Height Modification -Site Plan-Increase in height of 15 feet, from I 80 ft. to 190 ft. to allow Verizon to be added to the tower. Mayor's Report on the Resource Authority of Sumner County • General Manager Larry Wright is retiring . • The solution for the closing of landfills in local areas, including Hendersonville, was handled by a Private Act in the General Assembly creating the Sumner County Resource Authority. • The Resource Authority of Sumner County (RASC) is owned by seven (7) portions: two (2) by the City of Hendersonville, two (2) by the City of Gallatin and three (3) by Sumner County. • The Board of Directors of the Resource Authority of Sumner County follows the same makeup. • When the Resource Authority was established it was a law that all the trash would go there to be burned and produce steam for local businesses to use for energy. • As the amount of trash grew, the need for steam stagnated . • Upgrades were going to cost around 40 million to 60 million dollars . • It became a trash dump and landfills nearby were paid to accept trash . • Clary is the Chairman of the Resource Authority Board of Directors . • The Resource Authority is being expanded beyond double its previous capacity . • The offer made to the first chosen General Manager was declined . • Another offer was made to a second candidate who accepted last evening (10/09/2023). • The City pays the Resource Authority to monitor the landfill that was used. That is ongoing. There was discussion of potentially cancelling upcoming meetings scheduled around the holidays. Clary explained that he can call special meetings, but he can't cancel them; it must be a Board decision. Collins moved; seconded by Dixon to cancel the December 26, 2023, Board of Mayor and Aldermen meeting. There was a unanimous vote to approve the motion. Clary declared the motion carried. MINUTES OF REGULAR MEETING OCTOBER 10, 2023 PAGES BOMA Report-Eckenroth • Eckenroth offered congratulations to newly appointed City Attorney Lance Wray. • An employment offer has been extended to a candidate for the position of Traffic Signal Technician. • There will be an impact fee study. Director Free has completed an analysis. • Trash bid documents go out next week. Garza moved; Sasse seconded a motion to adjourn. Motion was withdrawn to allow Peterson to invite everyone to Pigfest, October 27-28, 2023. Upon motion by Garza and second by Sasse there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned.