Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING October 24, 2023, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR IlM 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 EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: LEEPETERSON,ALDERMAN The meeting opened with prayer led by Pastor Wes Morgan from Celebration of Life Church. Mayor Clary led the Pledge of Allegiance. AGENDA The October 24, 2023, BOMA meeting was called to order by Mayor Jamie Clary. Waters moved; seconded by Goodwin to approve the October 24, 2023 , agenda. There was no discussion. There was a unanimous vote to approve the agenda. Clary declared the motion carried. MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE2 PRESENTATIONS There was a presentation of a Veterans Day proclamation to David Moo my of the VFW. • Mayor Clary proclaimed Sunday, Nov 5, Veterans Day Parade Day 2023 and acknowledged profound debt and gratitude to the patriots that have kept our county whole. • Dave Moo my, Senior Vice Manager of local VFW Post 9851, accompanied by VFW Post 9851 Commander and Barry and Ann Rice, this year's Grand Marshalls for the Veteran's Day parade, were present to accept the proclamation. • The Veteran's Day Parade will begin at 2:00 pm. There was a presentation of October Beautification Awards by Kathy Paschal with the Beautiful Hendersonville Committee. The winners were as follows: • Business - Sean Roach & Associates, P.C., 128 Harlan Avenue • Ward 1 - Pat & Lori Campbell, I 92 Rebecca Drive • Ward 2 - Marine! & Valentina Mesaros, 126 Saratoga Boulevard • Ward 3 - Clint & Samantha Hamner, 101 Forest View Drive • Ward 4 - Mike & Lisa Russell, 205 Island Drive • Ward 5 - Bruce & Joy Chesser, 106 Secretariat Place • Ward 6 - David & Linda Rice, 149 Ashington Circle Mr. Greg Yandell presented Ace Hardware gift cards to the winners. Ms. Paschal reminded everyone of a city-wide litter cleanup to be held on November 11, 2023. PUBLIC HEARING Public hearing for Ordinance 2023-19, Alexander CDP, to hear comments on a request by Rick Morrow, to rezone 4.34 acres from General Commercial, Planned Development (GC-PD) and Office, Planned Development (O-PD) to General Commercial, Planned Development (GC-PD) and to approve a Comprehensive Development Plan for the property. Kay Brooks of 123 Trousdale Drive spoke in opposition of a traffic light voicing that decision should not be a developer demand to be accommodated by the City. Her concerns were that a traffic light would cause even more backup on an already congested road. Public hearing for Resolution 2023-44, to hear comments on a request by Mark McDonald, to amend the Mayfair Phase 2 Final Development Plan to reconfigure the proposed development. Kay Brooks of 123 Trousdale Drive spoke to what a shame it would be to lose the Bradford-Berry home and cemetery. She felt most people expected the City to maintain those properties. She questioned whether the threat of an indoor recreational facility would MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE3 be another cause for a traffic light, delaying citizens getting home. MINUTES Garza moved; seconded by Waters to approve the October 10, 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. Darlyn Farris of 109 Elissa Drive addressed the Board about the Deer Survey that was published online but not published in the paper. She stated not everyone has access to the internet and therefore the survey is not reflecting an accurate result. She requested the survey be redone so it be available to all citizens through the internet and the paper publication. Steven Rozek of 110 S. Lauren's Way addressed the Board regarding his comments made at the October 10, 2023, BOMA meeting regarding the agreement with Broken Paddle Outfitters, Resolution 2023-36. He commended the Board for listening to his points and adapted them in the new proposed agreement. He commented that the City has spent a considerable amount of money over the last few years to modify areas of the City to comply with ADA requirements and standards. Mr. Rozek requested that language be added to the new proposed agreement at the end of 11 b, there be added the following language: ", to include all ADA requirements and standards." Aimee Lecerf of 220 Evergreen Circle addressed the Board grateful for Ordinance 2023- 24, pertaining to fireworks in the City. She asked for the Board's support for the ordinance as she has a pet at home that is terrified of fireworks. When the fireworks are continuous over the period of several days, it makes life hard on the pet as well as herself. Robert Little of 314 Raindrop Lane addressed the Board by questioning the reason for a tax hike, citing issues over the years for which he feels there was no accountability. Those issues cited included the need for the addition of a second turn lane on Indian Lake to Anderson to accommodate the traffic a few years ago, the Stop 30 development to make into five (5) lanes with money already spent yet it isn't going to happen this year, Old Shackle Island Road & Main Street straightening, Saundersville Road and the RR track, and drainage in his yard. Larissa Moore of 127 Hickory Hill Drive addressed the Board with her disappointment in the process of issuing letters regarding running a business from a home and a request to change the process of this type of letter issuance. She received a letter from the City stating MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE4 she was running a business out of her home. Ms. Moore feels the City took a false report as truth, sent the letter and shot her down without asking her side. She stated she is helping and loving on those in the community who are in need. She requested when there is a question of this sort that a phone call be made prior to sending a letter to inquire of the validity of whether there is a business being run out of the home. She stated she would have gladly met with staff had she received such a call instead of receiving the letter. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final 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. Collins moved; Garza seconded a motion to approve Ordinance 2023-19. Clary explained that the staff at City Hall is working toward getting the agenda together and out to the Board earlier. In doing so, sometimes there are last minute additions, such as the additional supporting documents being passed out at tonight's meeting regarding Ordinance 2023-19. Roberson moved; Dixon seconded a motion to amend Ordinance 2023-19 to include the following three (3) additional attachments: 1. The Alexander Community Development CDP-Traffic Impact Study 2. The Alexander Community Development CDP Hendersonville Planning Commission approved plan dated August 1, 2023 3. Alexander Community Development CDP-BOMA revisions from September 12, 2023. There was no discussion. There was a unanimous vote to approve the amendment to Ordinance 2023-19. There was discussion. There was a majority vote of nine (9) to three (3) to approve Ordinance 2023-19 as amended with voting as follows: Aye: Collins, Dixon, Garon, Garza, Goodwin, Martin, Roberson, Waters, and Clary. Nay: Burgdorf, Sasse, and Skidmore. Clary declared the motion carried. MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGES The caption was read for Resolution 2023-44, a resolution to amend the Mayfair, Phase 2 Final Development Plan. Waters moved; Burgdorf seconded a motion to approve Resolution 2023-44. Clary moved; Garton seconded a motion to amend Resolution 2023-44 by changing the resolution language as follows: Amendment 1: Resolution language Change 1 Within the enactment paragraph, replace "recommended by the Hendersonville Planning Commission on October 3, 2023;" with "attached.". NOTE: This enables BOMA to amend the resolution beyond the recommendations of the planning commission. Change 2 Add second enactment paragraph: BE IT FURTHER RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the attached Final Development Plan for Mayfair, Phase 2, as amended, is further amended as follows: I. The owner shall disclose and provide environmental studies and/or surveys it has received detailing any environmental concerns on the property prior to any transfer of the property to the City. 2. Prior to the issuance of a building permit for construction on any lot, a payment-in-lieu of constructing a signal system at Maple Row Boulevard and E. Main St. shall be provided to the City of Hendersonville. The payment-in-lieu amount will be $216,000. NOTE: Item #2 under General Notes refers to "Restrictions of Record" (Deed Book 697 Page 832) that limit certain uses on the property. These studies, if they exist, will help the city understand the reason for the restrictions. NOTE: This would guarantee that the development will be responsible for at least half the cost of installing a stop light at the intersection. This also mirrors what the agreement is with Alexander Development across the street. If both developments occur at the same time, then they would both share in the cost of the new stop light, but if only one of them develops then they would only be responsible for half the cost, and the City would cover the other half (and recover that cost when the other one develops} It is possible that a light is needed now, so it would be reasonable to hold this development and the other one across the street to only pay a percentage. There was discussion. Without objection the rules were suspended to hear from the Mayfair representative Jeff Cundiff with Barge Design Solutions. Mr. Cundiff stated his client was agreeable to MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE6 the modifications presented in the amendments. Skidmore noted to the Board there was a possible conflict of interest but he would vote his conscience. There was a unanimous vote to approve the amendment to the motion. Clary declared the motion carried. Clary moved; Garton seconded a second amendment to Resolution 2023-44 with the following changes: Amendment 2: General Notes Change 3 Change Note 2, after "Hendersonville" to read "by December 29, 2023". Note 2 will continue with the sentence that begins "Deed shall be free". NOTE: This sets a clear date and complies with the developer's stated wishes Change 4 Add a note, number 15: "The City of Hendersonville has no obligations that require any specific improvements to the property." NOTE: this would clearly remove any obligation to keep and maintain the house. Change 5 Add a note, number 16: "Indoor recreation uses are permitted on Parcel E and do not conflict with the Restrictions of Record (Deed Book 697 Page 832) that limit certain specific uses on the property." NOTE: This will encourage clarity on the restrictions. There was discussion that included a proposal there be a Bradford-Berry House Preservation Society. Burgdorf is in the process of organizing this non-profit. Burgdorf moved; Clary seconded an amendment to the amendment to Resolution 2023-44 by adding the following language at the end of Change 4: "The City will consider deeding this property to a non-profit organization." There was discussion. There was a unanimous vote to approve the amendment to the amendment to Resolution 2023-44. Clary declared the motion carried. MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE? Skidmore noted to the Board there was a possible conflict of interest, but he would vote his conscience. There was a unanimous vote to approve the second amendment to Resolution 2023-44. Clary declared the motion carried. Clary moved; Waters seconded a third amendment to Resolution 2023-44 with the following changes: Amendment 3: Table titled Site Development Data, line E. Change 6: Under maximum building height add "100' to allow dome or bubble structures". NOTE: This would keep the height at 75 'for everything except for a dome or bubble structure that could be as high as 100 '. There was discussion. There was a majority vote seven (7) to five (5) to approve the third amendment to Resolution 2023-44 with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Roberson, and Clary. Nay: Burgdorf, Martin, Sasse, Skidmore, and Waters. Clary declared the motion carried. There was a majority vote often (10) to one (1) with Skidmore abstaining on the original motion as thrice amended with an amendment to the second amendment. The voting was as follows: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Roberson, Sasse, Waters, and Clary. Nay: Martin Abstain: Skidmore The caption was read for second and final reading of Ordinance 2023-23, an ordinance amending Ordinance 2023-11 to reflect final-year adjustments to the City's 2024 Fiscal Year Budget. Garza moved; Waters seconded a motion to approve Ordinance 2023-23. There was discussion. Goodwin moved ; Dixon seconded a motion to amend Ordinance 2023-23 by replacing Exhibit A with an updated version. MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE8 Director Ingersoll explained Exhibit A was updated with new information relating to the Rugby facilities at DCP project. There was a unanimous vote to approve the amendment to Ordinance 2023-23. Clary declared the motion carried. There was a unanimous vote on the original motion as amended to approve Ordinance 2023-23. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-24, an ordinance amending Hendersonville Municipal Code Title 7, Chapter 4, Section 402 regarding fireworks. Clary moved; Garton seconded a motion to approve Ordinance 2023-24. There was discussion. Waters moved; Sasse seconded a motion to amend Ordinance 2023-24 by changing the language to read "Fireworks may be allowed from July 4th to July 10th and December 3181 to January 6th with a curfew of 10:00 pm." There was discussion. The motion to amend failed five (5) to seven (7) with voting as follows: Aye: Burgdorf, Martin, Sasse, Skidmore, and Waters. Nay: Collins, Dixon, Garton, Garza, Goodwin, Roberson, and Clary. Clary declared the motion failed. Roberson moved; Goodwin seconded a second amendment to Ordinance 2023-24 by allowing fireworks on July 3rd from 5 pm to 11 pm and July 4 th from 5 p.m. to 11 p.m. The New Years hours will remain December 31 from 10:00 a.m. until January 1, 1:00 a.m. There was a majority vote of seven (7) to (5) to approve the second amendment with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Roberson, and Clary. Nay: Burgdorf, Martin, Sasse, Skidmore, and Waters. Clary declared the motion carried. Discussion continued. As the sole sponsor, Clary withdrew Ordinance 2023-24 to return it to the Public Safety Committee. MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE9 Dixon moved; Goodwin seconded a motion to take a break at 9: 11 pm. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for 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. Clary moved; Goodwin seconded a motion to approve Resolution 2023-36. There was discussion . Without objection the rules were suspended to hear from Broken Paddle Outfitters. There was a majority vote of ten (10) to two (2) to approve Resolution 2023-36 with voting as follows: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Roberson, Waters, and Clary. Nay: Sasse and Skidmore. Clary declared the motion carried. The caption was read for 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. Garza moved; Waters seconded a motion to approve Resolution 2023-40. There was no discussion. There was a unanimous vote to approve Resolution 2023-40. Clary declared the motion carried. The caption was read for Resolution 2023-41 , a resolution amending the job classification table and authorizing Hendersonville Police Department to hire an additional employee. Goodwin moved; Waters seconded a motion to approve Resolution 2023-41. There was no discussion. There was a unanimous vote to approve Resolution 2023-41. MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE 10 The caption was read for 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. Sasse moved; Goodwin seconded a motion to approve Resolution 2023-43. Clary moved; Sasse seconded a motion to amend Resolution 2023-43 by removing the word "attached" from the second paragraph, third line to read " ... to enter into the Mutual Aid Assistance Agreements ... " There was discussion. Burgdorf moved; Clary seconded an amendment to the amendment to Resolution 2023-43 changing the title of the resolution by removing the words "Mutual Aid Assistance" and replacing with "Interlocal". There was a unanimous vote to approve the amendment to the amendment to Resolution 2023-43. Clary declared the motion carried. There was continued discussion. There was a majority vote of nine (9) to three (3) on the first amendment as amended with voting as follows: Aye: Burgdorf, Dixon, Garton, Garza, Goodwin, Martin, Sasse, Skidmore, and Clary. Nay: Collins, Roberson, and Waters. Clary declared the motion carried. There was additional discussion. Goodwin moved; Collins seconded a second amendment to Resolution 2023-43 to change Section 1 in the Interlocal Agreements for Shackle Island Volunteer Fire Department and Number One Volunteer Fire Department, Inc. by adding "(as defined in Exhibit A)" after "The parties will respond to calls for fire department services". Exhibit A will say "fire department services are as follows: Automatic aid for active shooter and mutual aid for the other five (5) call types that will be responded to by the Hendersonville Fire Department. 1. Active shooter 2. Residential/commercial fire 3. Vehicle accidents with entrapment 4. Swift Water Rescue 5. Any drowning other than a pool 6. Haz-Mat MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE 11 There was a unanimous vote to approve the second amendment to Resolution 2023-43. Clary declared the motion carried. Goodwin moved; Sasse seconded a third amendment to Resolution 2023-43 to remove #7 from the Interlocal Agreements for Shackle Island Volunteer Fire Department and Number One Volunteer Fire Department, Inc. There was no discussion. There was a unanimous vote to approve the third amendment to Resolution 2023-43 . Clary declared the motion carried. Collins moved; Goodwin seconded to approve a fourth amendment to Resolution 2023-43 by adding #12 to both Interlocal Agreements, if no agreement has been reached by either Shackle Island Volunteer Fire Department or Number One Volunteer Fire Department, Inc. by 11 :59 pm on November 30th , 2023, Hendersonville Fire Department will only respond to an active shooter as automatic aid with the fire department the City has the agreement with. There was a majority vote of nine (9) to three (3) on the fourth amendment with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Roberson, Skidmore, Waters, and Clary. Nay: Burgdorf, Martin, and Sasse. Clary declared the motion carried. There was a majority vote of eleven ( 11) to one ( 1) with Burgdorf voting nay to approve the main motion as four times amended with an amendment to the first amendment. Clary declared the motion carried. OTHER AGENDA ITEMS None REPORTS Brief Committee Reports Finance-Dixon • Met October 24, 2023. • Discussed Ordinance 2023-25, an ordinance amending Budget Ordinance 2023-11 by appropriating General Funds in the amount of $86,615 for the arts festival and approving the Mayor to effectuate festival agreements. The event will be held the second weekend in May 2024. Passed to BOMA with a positive MINUTES OF REGULAR MEETING OCTOBER 24, 2023 PAGE 12 recommendation. Public Works-Skidmore • Met October 24, 2023. • Trash Collection Update-Bids are online now and will be in the Thursday edition of the paper. Open until December 7, 2023. • Sanders Ferry Greenway Update-Completion date is November 7, 2023. Staff will report on the bridge and what can be done to be able to see the lake. • Light Synchronization Update - on budget and on time. Traffic lights affected are New Shackle Island to Glenbrook, Indian Lake Boulevard, and Main Street to Center Point Road. The Traffic Technician starts in November. • Pickleball Update-All were overbid. Will resubmit for more bids in a couple of months. Two courts were bid at $640,000.00 and 8 courts were bid at over $1 million dollars. BOMA Report-Eckenroth • October 27 & 28-Pigfest • October 27 Concert-Kentucky Headhunters • October 28-40 BBQ Teams • Costco fuel center will be open any day, prior to the opening of the Costco warehouse. Thanks to Director Story and team who have been working hard to get everything done. • Limb collection-At an 8-week collection period due to the amount of available people and trucks, and the amount of debris experiencing. Upon motion by Sasse and second by Skidmore there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned. ·ng was adjourned at 10:36 p.m.