Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN November 14th, 2023, at 7:00 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Mayor II. Acceptance of Agenda III. Presentations IV. Public Hearing V. Minutes A. Approval of the October 24th, 2023, meeting minutes VI. Citizens’ Comments 3-14 VII. Consent Agenda VIII. Ordinances and Resolutions Clary, 1. Second reading of Ordinance 2023-20, an ordinance requesting citizens to 15-21 Roberson, determine by election whether to adequately fund public safety, infrastructure, Garza, Waters parks, and paving in the City of Hendersonville by a small increase in sales tax of Dixon, Goodwin, ½ penny per dollar for only 10 years and Collins Collins, 2. First reading of Ordinance 2023-25, an ordinance amending Budget Ordinance 22-35 2023-11 by appropriating General Funds in the amount of $86,615 for the arts Dixon, festival and approving the Mayor to effectuate festival agreements and Sasse 3. Reading of Resolution 2023-45, a resolution to place a historical marker at City 36-40 Clary Hall honoring William Henderson, for whom the City of Hendersonville was named, to be funded by The National Society of the Sons of the American Revolution IX. Other Agenda Items 4. Vote on the reappointment of Rose Bleich to the Beer Board 41 5. Consideration of rescinding the motion that adopted resolution 2023-43, regarding agreements with nearby volunteer fire departments - draft agreements attached A. Interlocal Agreement BOMA Mutual Aid Fire - Number One Volunteer 42-45 B. Interlocal Agreement BOMA Mutual Aid Fire - Shackle Island 46-49 1 X. Reports 6. Brief Committee Reports: 1. General – Peterson 2. Public Safety – Goodwin 3. Planning – Martin 7. BOMA Report 50-57 XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda A. Consideration of the appointment of Timothy Manion to the Beer Board 2  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 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 EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: LEE PETERSON, 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. 3 PRESENTATIONS There was a presentation of a Veterans Day proclamation to David Moomy 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 550+-57 whole. • Dave Moomy, 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, 192 Rebecca Drive • Ward 2 - Marinel & 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 4 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 5 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. 6 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: 1. 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 7 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. 8 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 of ten (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. 9 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 31st 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 4th 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. 10 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. 11 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 12 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 13  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. The meeting was adjourned at 10:36 p.m. Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 14  ORDINANCE 2023-20 REFERRED TO AS “THE HENDERSONVILLE INVESTMENT IN THE FUTURE ACT” Sponsors: Clary, Roberson, Garza, Waters, Dixon, Goodwin, and Collins 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 WHEREAS, inflation pressures have strained cities’ ability to fund essential services such as public safety and infrastructure needs of its citizens; WHEREAS, the City of Hendersonville (the “City”) has recently experienced large cost increases in providing essential services such as paving cost increases of 35%, garbage collection services cost increases anticipated to be 100% over the next year, and the costs to purchase and maintain fire trucks increases of over 30%, as well of almost every other service provided; WHEREAS, the City of Hendersonville has taken steps to cut government costs including a hiring freeze on new employees, postponing the funding of replacement safety vehicles for fire and police, cutting garbage service from twice a week to once a week, delaying new infrastructure projects and cutting the paving of roads; WHEREAS, the City needs new investments in road paving to repair neighborhood streets, traffic projects that will help with reduced congestion, replacement of First Responders equipment such as police vehicles and emergency fire apparatus, and upgrades in our Parks for our youth; WHEREAS, cities in the State of Tennessee generally have two methods to fund municipal operations by either a sales tax or by property tax; WHEREAS, property tax is a non-discretionary expense that places 100% of the burden of covering the cost of local government exclusively on city property owners and may make it difficult for some residents to maintain their homes; WHEREAS, sales tax on items purchased is more broadly supported by both residents and non- residents and generally covers discretionary spending that can be controlled, in many cases, by the purchaser; WHEREAS, according to University of Tennessee Municipal Technical Advisory Service (“MTAS”), in Tennessee 57% of the 95 counties and 69% of the cities have implemented increased sales tax to fund local government essential services; WHEREAS, several counties around Sumner County and the City of White House have implemented an increase in the local sales tax option to fund critical services for their citizens; 15  O23-20 Page 2 WHEREAS, Tennessee Code Annotated, § 67-6-708 allows increases in the local sale tax option to be sunset, or terminated, at a specific period of time, if approved by voters; WHEREAS, a sunset provision on the local sale tax option helps ensure accountability that the increase will not be permitted in perpetuity and that it is being used as intended for essential services; WHEREAS, at present, the local option sales tax rate in the City and County is 2.25%; WHEREAS, pursuant to Tennessee Code Annotated, § 67-6-701 et seq., the Local Option Revenue Act, municipalities may upon approval of a majority of its citizens voting on the issue, levy a local option sale tax of up to 2.75%, or an additional ½ penny per dollar spent amounting to, for example, an additional 25 cents for a $50 meal at a Hendersonville restaurant; WHEREAS, the City desires that the voters of the City of Hendersonville decide on the issue of any subsequent increase to the local option sales tax, as required by State law pursuant to Tennessee Code Annotated, § 67-6-701 et seq.; and WHEREAS, under current State law, municipalities and local 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: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE as follows: Section 1. Under the authority of Tennessee Code Annotated, § 67-6-701 et seq., subject to the referendum required by the Local Option Revenue Act, the local sales tax of the City is increased from 2.25% to 2.75%, except where different sales tax rates for particular goods and services are set by statute and are not subject to variation by ordinance. Section 2. to ensure accountability, any increase to the local sales tax approved in a referendum shall not be in perpetuity but rather shall terminate (“Sunset”) on the tenth (10th ) year anniversary of the date such sales tax increase begins collection as allowed pursuant to Tennessee Code Annotated, § 67-6-708, unless citizens renew its application in an election. Section 3. In order to ensure transparency, each year the mayor will summarize in his/her proposed budget for the next fiscal year to the Board of Mayor and Alderman how the approved increased sales tax may be appropriated for city public safety, infrastructure, parks, and paving; Section 4. As required by Tennessee Code Annotated, § 67-6-710(d)(2), the City designates the Mayor as the municipal officer designated to receive any notice of a payment made under protest, and shall be the official against whom suit, if any, may be brought for recovery of any tax, penalty, and interest which the Tennessee Department of Revenue has collected and which is alleged by the taxpayer to be illegal or improper. 16  O23-20 Page 3 Section 5. If a majority of those voting in said referendum vote for the local option sales tax rate imposed by this ordinance, collection of the increased tax levied by this ordinance shall begin on the first day of the month occurring thirty (30) days after the Election Commission makes its official canvass of the election returns. Section 6. The Tennessee Department of Revenue shall collect the additional tax imposed by this ordinance, concurrent with the collection of the state and local tax now being collected for the City, in accordance with the rules and regulations which may be amended, added, or rescinded by the Department. Section 7. A certified copy of this ordinance shall be transmitted to the Tennessee Department of Revenue and the Sumner County Election Commission. The County Election Commission is requested that a special election be held at the earliest date possible and practicable; and in which the following question be placed: 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? For the Ordinance ____________________ Against the Ordinance ____________________ Section 8. This Ordinance shall be forwarded to the State delegates for the City to request passage by the Tennessee General Assembly the authority for the City to exempt food and food ingredients as defined under Tennessee Code Annotated, §67-6-228 from any increase to the local option sale tax rate. Section 9. This ordinance shall take effect upon final passage and as otherwise required by law. First Reading: September 26th, 2023, Passed Second Reading: ___________________________ APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor __________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 17  O23-20 Page 4 LEGISLATIVE HISTORY Ordinance 2023-20 Sponsors: Clary, Roberson, Garza, Waters, Dixon, Goodwin, and Collins Committee: General Date of Committee Meeting: September 7th, 2023 Committee Recommendation: Yes, with the recommendation to add” 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” after section 7. First BOMA Reading: September 26th, 2023 Amendment: There was a motion to add a Section 8 to say, “This Ordinance shall be forwarded to the State delegates for the City to request passage by the Tennessee General Assembly the authority for the City to exempt food and food ingredients as defined under Tennessee Code Annotated, §67-6-228 from any increase to the local option sale tax rate.” Vote: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, Waters, and Clary. Nay: None. Motion carried. Amendment: There was a motion to add the language recommendation from the General Committee. Vote: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, Waters, and Clary. Nay: None. Motion carried. Amendment: There was a motion to remove the sunset law provision. No proper second was made. Vote on main motion, as amended: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, Waters, and Clary. Nay: None. Motion carried. Second BOMA Reading: November 14, 2023 18 DATE: November 14, 2023 ORDINANCE/RESOLUTION # Ordinance 2023-20 BOMA is being asked to hold a referendum. The SPECIFIC REQUEST/ RECOMMENDATION: referendum would ask voters if the city’s sales tax should be increased by .5 percent (half penny per dollar). STAFF REPORT REPORT PREPARED BY: Jamie Clary BACKGROUND: 1 For most items that are sold in Hendersonville, buyers pay a total of 9.25 percent sales tax. The state charges 7 percent. The County charges 1.125 percent. The City charges 1.125. The City can increase the portion it charges by .5 percent. The total would then be 9.75 percent on most items purchased in Hendersonville. That increase can be allowed only by referendum. This ordinance is similar to the ordinance that BOMA passed two years ago, allowing residents to a vote on term limits. Similarly, BOMA did not impose term limits; BOMA approved wording for the referendum regarding term limits. Passing this ordinance will approve wording for a referendum allowing residents to vote on increasing the local sales tax; the ordinance does not increase the local sales tax. BOMA approved the first reading of Ordinance 2023-20 on September 26, 2023. The second reading of this ordinance is proposed for November 14, 2023. If passed by BOMA on the 14th the Election Commission will be able to place the referendum on the March ballot at no additional cost to the city. DISCUSSION: 2 The vast majority of items sold in Hendersonville are subject to the sales tax formula noted above (7 + 1.125 + 1.125). However, to provide comprehensive information on this, it needs to be mentioned that gas is not subject to sales tax, items above $3,200 are charged different rates of sales tax, and some other items are exempt from sales tax. Most clothing, groceries, restaurant meals, hardware, candy, and electronics are charged 9.25 percent sales tax in Hendersonville. Many communities in Middle Tennessee have the highest legal sales tax rate, 9.75. In some cases, the additional revenue is split between city and county. (More on that below.) Those communities with the higher rate are competing against Hendersonville in many ways--tourism events, business recruitment, new investment, and personnel. Additionally, the Hendersonville mayor and aldermen frequently hear comparisons that other communities have community centers, turf athletic fields, better roads, higher paid police officers, better ISO ratings, etc. All of those items depend on revenue. If the City of Hendersonville had more money, it could provide better services. The City has two primary streams of revenue—property tax and sales tax. The simplest method to raise revenue is to increase the city’s property tax rate. However, that imposes additional costs only on some of the people who benefit from city services. By contrast, the local sales tax imposes costs on people who live here as well as those who don’t live here but benefit from the city’s roads, parks, public safety, and 19  2 many other services. To raise revenue by $9 million would require an approximate property tax increase of 39 percent. Tennessee Code Annotated (67-6-702(a)) states, “…any incorporated city or town, by ordinance of its governing body, is authorized to levy a tax on the same privileges subject to this chapter as the chapter may be amended, that are exercised within such county, city or town, to be levied and collected in the same manner and on all such privileges, but not to exceed two and three-fourths percent (2.75%); provided, that the tax levied shall apply only to the first one thousand six hundred dollars ($1,600) on the sale or use of any single article of personal property.” That legal verbiage allows local governments to have a maximum sales tax of 2.75 percent. The total local share in Hendersonville (city plus county) currently is 2.25 percent. In many places the city and county split the revenue generated from the half-penny bump. In some places the city takes the full bump. Our referendum would allow the City of Hendersonville to take the full bump, all the additional money generated from the additional half-penny increase. The City does have to give the county commission an opportunity to share the additional revenue. The county commission would have an opportunity to act before the referendum takes place and after the referendum passes. In both cases the county’s action would be to schedule a referendum of all county voters. If county voters approve a countywide increase in local sales tax, all Sumner cities would have the higher tax rate but would split the additional revenue with the county. If the referendum fails (or the county commission fails to hold a referendum) the city would be entitled to all the revenue generated from the increased sales tax rate. Of all Tennessee cities, 69 percent of them have the higher sales tax rate. Notably Hendersonville’s referendum would differ from other cities’ referenda in three manners. First it would expire after 10 years. Second, the revenue would be set in a separate fund to track how it is used. Third, the revenue will be used for expenses related only to public safety, Infrastructure, paving, and parks (PIPP). FISCAL IMPACT: 3 A vital disclaimer to any fiscal note is the possibility that the county commission could host a countywide referendum to increase sales tax throughout the county. If that happens and the referendum passes, the revenue that Hendersonville would realize would be cut in half. This fiscal impact assumes that no countywide referendum passes. Another disclaimer would be the nuances of the sales tax related to items with price tags above $3,200. During recent fiscal years the City collected: • Fiscal Year 2021, $16.489 million in local sales at the 1.125 rate; • Fiscal Year 2022, collected $18.765 million in local sales tax 1.125 rate; 20  3 • Fiscal Year 2023, likely collected $20 million in local sales tax 1.125 rate. If the City had collected the higher rate of 1.675, the following additional funds would have been realized. • Fiscal Year 2021, $7.328 million • Fiscal Year 2022, $8.340 million • Fiscal Year 2023, $8.889 million A half-penny sales tax increase for Fiscal Year 2024 would produce an estimated $9,000,000 of additional revenue, to be split amongst public safety, infrastructure, parks and paving (PIPP). ADDITIONAL INFORMATION / PHOTOS: 4 The process to offer the referendum came to us from MTAS 1. BOMA approves an ordinance first reading by simple majority. 2. Tennessee Department of Revenue approves the ordinance. 3. BOMA approves second reading of the ordinance by simple majority. 4. City staff notify election commission of the referendum and request a special election. 5. County window opens (see below). 6. City referendum is held. 7. County can hold its own referendum later. County window 1. County passes a resolution to hold a referendum. 2. City’s referendum would be postponed. 3. County holds its referendum. If the county referendum is approved, the city referendum is cancelled. If the county referendum fails, the city referendum is scheduled. 21  ORDINANCE 2023-25 Sponsor: Collins, Dixon, Sasse 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 WHEREAS, on June 27, 2023, the City’s governing body passed Ordinance 2023-11 (the “Budget Ordinance”) adopting the City’s operating budget for Fiscal Year 2024; WHEREAS, the Budget Ordinance was based on projected revenues and anticipated expenditures for Fiscal Year 2023; and WHEREAS, the City desires to appropriate the requisite funds for the Arts Festival, as more specified in the attached Exhibit A, and the City therefore desires to amend the Budget Ordinance to reflect this appropriation: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City’s Fiscal Year 2024 Budget Ordinance, Ordinance 2023-11, is hereby amended by appropriating $86,615 for the Arts Festival as set forth in the attached Exhibit A, and approving the mayor to effectuate festival agreements This ordinance shall take effect on the earliest date allowed by law. First Reading: ______________________ Second Reading: APPROVED: JAMIE CLARY, Mayor ATTEST: ___________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM: ____________________________________ LANCE A. WRAY, City Attorney 22  LEGISLATIVE HISTORY Ordinance 2023-25 Sponsor: Collins, Dixon, Sasse Committee: Finance Date of Committee Meeting: October 24th, 2023 Committee Recommendation: Passed with a positive recommendation. First BOMA Reading: November 14, 2023 23  EXHIBIT A BUDGET AMENDMENT WORKSHEET Requested Requested Expenditure Revenue Account Code Account Name Current Budget Amendment Amendment Adjusted Budget Justification 110-000-41620-0013-0000-532900-ARTCN Arts Council Supplies $ 19,500.00 $ 86,615.00 $ 106,115.00 For Good Neighbor Festivals 110-000-00000-0000-0000-436700-ARTCN Contributions & Donations $ - $ 15,000.00 $ 15,000.00 Sponsorships received and pledged $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - $ 19,500.00 $ 86,615.00 $ 15,000.00 $ 121,115.00 24 DATE: November 14th, 2023 ORDINANCE/RESOLUTION # Ordinance 2023 - 25 For BOMA to amend budget ordinance 2023-11 by SPECIFIC REQUEST/ appropriating general funds in the amount of $86,615 for RECOMMENDATION: the arts festival and approving the mayor to effectuate STAFF festival agreements REPORT Tamara Ingersoll, Finance Director REPORT PREPARED BY: Andy Gilley, Parks Director Jesse Eckenroth, Chief of Operations BACKGROUND: 1 The Arts Council is one of city committees with multiple members represented from wards throughout the city. The Municipal Code lists the duties of the committee as follows: 2-503. Duties and objectives of the council. The duties and objectives of the council shall be: (1) To stimulate and encourage throughout the city the study and presentation of the performing, visual, and literary arts and public interest and participation therein. In fulfilling these objectives, the council must strive for excellence in all areas in the Arts and shall endeavor to: (a) Encourage participation in, appreciation of, and education in the arts to meet the legitimate needs and aspirations of persons in all parts of the city; (b) Take such steps as may be necessary and appropriate, to encourage public interest in the cultural heritage of our city, to expand he city's cultural resources, and to promote the use of art in the city government's activities and facilities; and (c) Encourage excellence and assist freedom of artistic expression for the well-being of the arts. DISCUSSION: 2 The Arts Council has been advocating for an Arts Festival to support the duties and objectives of the council. The City issued a Request for Qualifications in June 2023 for festival management groups. The city received one proposal in July and selected the consultant, Good Neighbor Festivals, in August. Good Neighbor’s proposal was separated into Phase 1 and 2. Phase 1 was for $19,500 and includes development, fundraising and planning. A contract for Phase 1 was authorized by the city, from the original FY24 Budget. Phase 2 is primarily for the physical production of the event, $86,615. The total cost for phases 1 and 2 is $106,115, the proposal is attached to this report. Anticipated revenue from the festival is $113,400, for a total net positive impact of $7,285. The city broke the project into two phases so BOMA could evaluate the feasibility of a festival before committing to the full project budget of $106,115. Good Neighbor and the Arts Council, among other things, have been developing the project and seeking sponsorship. Good Neighbor will present data to BOMA at the November 14th to give a more definite sense of interest and sponsorship levels. 25 The festival goal is to command an attendance of 5,000 or more. The Parks Board approved Sanders Ferry Park as the festival location for May 2024. FISCAL IMPACT: 3 A budget amendment is needed for $86,615. The city has a sunk cost of $19,500 for the engagement of Phase 1 which was paid through the FY24 budget for the Arts Council; the additional $86,615 for Phase 2 will total $106,115. Revenue is estimated at $113,400, for a net positive impact of $7,285. However, actual revenue is estimated and unknown. The budget amendment would authorize the city to enter into a contract for $86,615. ATTACHMENTS: 4 1. Good Neighbor Festivals proposal 26 City of Hendersonville Arts Festival 27 About Good Neighbor Festivals Good Neighbor Festivals has been creating and managing large scale events for over 14 years. We strive to create and grow festivals that support the communities we love. We develop and manage all facets of special events specifically, marketing, promotion, production, strategic planning, logistics, budgeting, permitting and sponsorship sales. Our events bring people together, inspire, and stimulate minds. Good Neighbor Festivals currently manages an average of 16 festivals per year in the middle Tennessee and Kentucky area. In 2021 more than 400,000 people attend a festival we managed. Festival and Event Management Experience Below are a few examples of festivals we manage by the numbers. Event Name Month Number of Vendors Attendance Budget Sevier Park Fest May 120 14,000 $90,000 Nashville Pride June 280 125,000 $1,400,000.00 Festival Tomato Art Fest August 225 75,000 $380,000 All Hallows East October 40 8,000 $100,000 Good Neighbor Festivals Team Jack Davis Founder Partnerships/Sponsorship Kelsey Morris Festival Director Overall Management of Festival Katie Hollingsworth Festival Manager Vendors/Logistics/Subcontractors Kat Hendrick Festival Coordinator Entertainment/Production Shelby Huggins Sponsorship Manager Partnerships/Sponsorships Tracie Hitz Marketing Marketing/Social Media Kristyn Corder Design and Web Branding/Graphics/Website Ellice Evans Social Media Social Media Management 28 Festival Management Good Neighbor Festivals will work with the Hendersonville Arts Council to develop and execute a success Artisan Festival in May of 2024. We have successfully built ideas into large scale festivals that draw thousands of people and are profitable. In 2010 we began managing the annual Tomato Art Fest in East Nashville. At the time this event was drawing an average of 3,000 people and breaking even. Today the event draws more than 75,000 people and has a budget of more than $380,000. Working with the Nations Business Association we developed the annual Light the Nations Festival that takes place each October on Nashville’s westside. The event draws an average of 7,500 people each year. Hendersonville Art Festival Good Neighbor Festivals will work with the arts council to create a nationally recognized artisan festival. Using our existing knowledge of artisan festivals and overall successful festival operations Good Neighbor Festivals will develop and implement a project timeline to ensure overall event goals are realized. Festival Management Proposal Phase 1 – Development, Fundraising and planning August – December 2023 In Phase 1 of the agreement, Good Neighbor Festivals would work with the Arts Council to provide the following in an effort to set the event up for success and begin fundraising. Marketing and Branding • Good Neighbor Festivals will design all graphics needs for the event including logo, design colors, wordmarks, social media templates and website design outline. • Build and manage phase one of the website site. o Landing page, Artisan Page, Sponsorship/Support page. • Set up formal Hendersonville Art Festival email addresses and online file storage. • Build and manage phase one of social media marketing. o Set up social media accounts o Set up call for Artists Sponsorship • Develop formal sponsorship deck and levels to engage local community to support event. • Develop list of potential sponsors/supporters. • Reach out and engage with potential sponsors/supports to confirm any commitments. • Develop agreements and ensure they are executed. Event logistics 29  • Build and manage event action plan o Develop timelines and milestones • Create a draft event layout Vendors/Artisans • Manage the event vendor program • Develop a list of potential vendors, crafters, and artisans to join the event • Launch vendor and artisan application in November 2023 • Develop all vendor agreements Budget Development • Assist in the development of the event budget • Track budget and ensure invoices are processed on time Phase 2 – Planning and Operating January – May 2024 Event logistics • Manage event action plan. o Follow through on developed timelines and milestones. • Finalize event layout and manage all load in, day of, and load out logistics. • Hire and manage all aspects of the event including o Production (AV/sound/lights) o Tents, tables, chairs, staging o Security/Police o EMTs o Trash/Recycling/Composting o Power o Portable restrooms • Manage all special event permits as required by city and state laws. • Coordinate all ADA and other access needs for the event. • Track and confirm all COIs. Ticketing • Manage ticketing platform and guest services throughout the event (If needed). Travel • Handle all travel/shuttle arrangements onsite as needed. • Curate and manage host hotels for visiting artists. Vendors/Artisans • Manage the event vendor program. • Handle all communication, once recruited to participate in the event. • Track and confirm all COIs 30 Entertainment • Negotiate all entertainment offers and contracts within budget. • Manage all entertainment related hospitality. • Hire and manage a production team. • Track and confirm all COIs. Community Engagement • Connect with community (bars, restaurants, etc) to activate at or during the event. • Work with local groups to increase volunteers at the event. • Manage all volunteer sign ups and communication. Sponsorship • Reach out and engage with potential sponsors/supports to confirm any commitments. • Oversee sponsorship activation and event execution as required. Budget Management • Track budget and ensure invoices are processed on time. Marketing • Manage website domain and page throughout the event. • Amplification management - build schedule of content generators, posting, tagging. • Handle all traditional media buys. • Schedule photographers/videographers. • Provide a post show wrap up. Social media • Manage all aspects of social media. City of Hendersonville to provide police and EMTs for the event weekend. 31 32 33 34 35  RESOLUTION 2023-45 Sponsor: Clary A RESOLUTION TO PLACE A HISTORICAL MARKER AT CITY HALL HONORING WILLIAM HENDERSON, FOR WHOM THE CITY OF HENDERSONVILLE WAS NAMED, TO BE FUNDED BY THE NATIONAL SOCIETY OF THE SONS OF THE AMERICAN REVOLUTION WHEREAS, Captain William Henderson was a Revolutionary soldier who moved to Sumner County in the late 1790’s with his wife, Lockey Trigg, and later bought property between Sanders Ferry and Walton Ferry Roads, upon which they built a log home; WHEREAS, William Henderson became the first postmaster for the City in 1801, and was succeeded in office by two of his sons, Bennett, who served until 1811, and Littleton, who served until 1815; WHEREAS, the City of Hendersonville was ultimately named for William Henderson; WHEREAS, William Henderson was buried on a site in the City where a current historical marker sits honoring him which is located on West Main Street (U.S. 31E) just west of Sanders Ferry Road, on the left when traveling west, at or near the address of 177 West Main Street, Hendersonville; WHEREAS, the City has been approached by The National Society of the Sons of the American Revolution offering to provide the funds for the costs associated with erecting such a historical marker at City Hall; and WHEREAS, the City desires to place this historical marker at City Hall honoring William Henderson for his service to the City, and for whom the City of Hendersonville was named: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby authorizes the placement of a historical marker at City Hall honoring William Henderson, for whom the City of Hendersonville was named, the costs of which to be funded by The National Society of the Sons of the American Revolution. Adopted this the _____ day of ______________, 2023. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: __________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, Interim City Attorney 36  LEGISLATIVE HISTORY Resolution 2023-45 Sponsor: Clary Committee: Public Works Date of Committee Meeting: October 24th, 2023 Committee Recommendation: Passed unanimously. First BOMA Reading: November 14, 2023 37 DATE: November 14th, 2023 ORDINANCE/RESOLUTION # Resolution 2023-45 BOMA is being asked to allow a historical marker on the SPECIFIC REQUEST/ RECOMMENDATION: grounds of City Hall to commemorate William Henderson, the person for whom the city is named. STAFF REPORT REPORT PREPARED BY: Jamie Clary BACKGROUND: 1 A local chapter of the Sons of the Revolution recently approached the mayor, asking to commemorate William Henderson, a soldier of the U.S. Revolution. Henderson became the community’s first postmaster. The small, farming area around what is now Sanders Ferry, Walton Ferry, and Gallatin roads became known as “Hendersonville”. DISCUSSION: 2 Keith Free and Sarah Lock will work with SAR to determine the best location for the marker at City Hall. Henderson is believed to be buried close to the intersection of Sanders Ferry and Gallatin roads, where his house once stood. The definite site of his burial is not known. With that uncertainty, the SAR feels that the city offices of the city bearing his name would be the best site for this marker. FISCAL IMPACT: 3 None. The SAR chapter has committed to paying for the marker. ADDITIONAL INFORMATION / PHOTOS: 4 ATTACHMENTS: 5 38 9/29/23, 2:41 PM William Henderson Historical Marker Sep. 28, 2023 HMdb.org THE HISTORICAL MARKER DATABASE “Bite-Size Bits of Local, National, and Global History” Hendersonville in Sumner County, Tennessee — The American South (East South Central) William Henderson 1752-circa 1807 Inscription. Captain William Henderson was a Revolutionary soldier born in Virginia. He and his wife, Lockey Trigg, moved to Sumner County in the late 1790s and later bought property between Sanders Ferry and Walton Ferry Roads upon which they built a log home. The town of Hendersonville was named for him and he became the first postmaster in 1801. He was succeeded in office by two of his sons, Bennett, who served until 1811, and Littleton, who served until 1815. William Photographed By Duane and Tracy Marsteller, May 10, 2020 Henderson was buried on this site around 1. William Henderson Marker 1807. Erected by Tennessee Historical Commission. (Marker Number 3B 53.) Topics. This historical marker is listed in these topic lists: Cemeteries & Burial Sites • Settlements & Settlers • War, US Revolutionary. A significant historical year for this entry is 1752. Location. 36° 18.306′ N, 86° 37.042′ W. Marker is in Hendersonville, Tennessee, in Sumner County. Marker is on West Main Street (U.S. 31E) just west of Sanders Ferry Road, on the left when traveling west. Touch for map. Marker is at or near this postal address: 177 West Main Street, Hendersonville TN 37075, United States of America. Touch for directions. Other nearby markers. At least 8 other markers are within 3 miles of this marker, measured as the crow flies. Confederate Memorial at First Presbyterian Church (within shouting distance of this marker); Taylor Swift (approx. 0.3 miles away); Hazel Path Mansion (approx. 0.6 miles away); Rock Click or scan to see Castle (approx. 0.7 miles away); Strategic Location (approx. 1.1 miles away); this page online Eventide (approx. 1.2 miles away); Free Hill Road (approx. 1.7 miles away); a https://www.hmdb.org/m.asp?m=149954 39 1/2 9/29/23, 2:41 PM William Henderson Historical Marker different marker also named Rock Castle (approx. 2.1 miles away). Touch for a list and map of all markers in Hendersonville. More about this marker. Linda Wynn of the Tennessee Historical Commission provided the complete marker text. Photographed By Duane and Tracy Marsteller, May 10, 2020 2. William Henderson Marker Credits. This page was last revised on July 15, 2022. It was originally submitted on May 13, 2020, by Duane and Tracy Marsteller of Murfreesboro, Tennessee. This page has been viewed 601 times since then and 235 times this year. Photos: 1, 2. submitted on May 13, 2020, by Duane and Tracy Marsteller of Murfreesboro, Tennessee. • Devry Becker Jones was the editor who published this page. m=149954 Copyright © 2006–2023, Some rights reserved. https://www.hmdb.org/m.asp?m=149954 40 2/2 41  INTERLOCAL AGREEMENT For Mutual and Automatic Aid FOR FIRE DEPARTMENT SERVICES (Pursuant To T.C.A. Section 6-54-601) THIS AGREEMENT entered as of the ______ day of ____________, 2023, by and among THE CITY OF HENDERSONVILLE, TENNESSEE, a Tennessee municipal corporation, (hereinafter referred to as the “City”), and NUMBER ONE VOLUNTEER FIRE DEPARTMENT, INC., a Tennessee nonprofit corporation having a principal address of 1314 Douglas Bend Road, Gallatin, Tennessee 37066. In consideration of the mutual covenants contained herein, and in accordance with Tennessee Code Annotated, § 6-54-601, the parties agree as follows: 1. The parties will respond to calls for fire department services only upon request for such assistance made by the senior fire officer on duty of the fire department of the respective party, or as otherwise designated by the requesting party. All requests for fire department services should be made to the senior fire officer of the responding party, or as otherwise designated by the responding party. Each party may designate the appropriate officer. Two types of assistance are intended by this Agreement provided as follows: (a) Mutual Aid Assistance, see Exhibit A (b) Automatic Aid Assistance, see Exhibit A 2. Upon request for aid received as provided for in paragraph (1), the senior fire officer (or designee) of the responding party will authorize a response as follows: (a) Each of the parties to this Agreement will attempt to provide a sufficient response as determined by the severity of the emergency in the requesting party’s jurisdiction, with consideration also to the requirements of, and that which is sufficient for, the responding party’s jurisdiction. (b) If there is also an emergency in the jurisdiction of the responding party at the time a request is made, or one occurs in the course of responding to a request under this Agreement, and the senior fire officer of the responding party reasonably determines, after a consideration of the severity of the emergency in his jurisdiction, that the responding party cannot comply with the minimal requirements under this Agreement without endangering life or incurring significant property damages in his jurisdiction, or both, he may choose to use all equipment and personnel in his own jurisdiction. In this case, the senior fire officer of the responding party shall attempt to inform the senior fire officer of the requesting party of his or her decision. (c) In cases where two or more requests for mutual aid assistance are made at the same time, thereby making compliance with the minimum requirements of this agreement impossible for the responding party, the senior fire officer (or designee) of the responding party shall determine, based upon a reasonable appraisal of the emergencies of the requesting jurisdiction, how best to respond to the requests. The senior fire officer (or designee) may determine to send all 42 available resources under this agreement to the jurisdiction with the most dire emergency, or may send some resources to each requesting jurisdiction. The senior fire officer (or designee) shall inform the requesting parties of his or her decision. (d) In both situations outlined above where compliance with the minimal duties of this agreement is impossible, the requesting party or parties will not expect full compliance with those minimal duties but will expect a fair appraisal of the emergencies involved and a commensurate response. (e) The parties hereby acknowledge and agree that this Agreement does not create a duty on either party to respond to any requests for aid, and that the responding party retains the discretion over whether and to what extent to give the aid requested. 3. When fire personnel are sent to another community pursuant to this Agreement, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the Workers’ Compensation Laws, which exist in the responding Fire Department shall be extended to and include any geographic area necessary as a result of the request when these personnel are acting within the scope of the authority conferred by this Agreement. 4. The party who requests mutual aid shall in no way be deemed liable or responsible for the personal property of the members of the Fire Department of the responding party that may be lost, stolen, or damaged while performing their duties in responding under the terms of this agreement. 5. The party responding to the request for mutual aid under the terms of this Agreement assumes all liabilities and responsibility as between the parties for damage to its own apparatus and/or equipment. The party responding also assumes all liability and responsibility between the parties for any damage caused by its own apparatus and/or negligence of its personnel while in route to or returning from a specific location. 6. The party responding under the terms of this Agreement assumes no responsibility for liability for property damages or destroyed or bodily injury at the actual scene of any emergency due to actions that are taken in responding under this agreement. This liability and responsibility as between the parties shall rest solely with the party requesting aid and within whose jurisdiction the property exists or the incident occurs. 7. Notwithstanding any other provision of this Agreement to the contrary, the respective parties agree that no claim for compensation will be made by either against the other for loss, damage, or personal injury occurring in consequence of mutual aid assistance rendered under this agreement, and all such rights or claims are hereby expressly waived. 8. Upon the arrival of HFDs first arriving officer they automatically become attached to the Incident Commander and assist with making tactical and lifesaving and property loss decisions.” If the first arriving volunteer firefighter has no formal training as an Officer, then they would pass command to the first arriving HFD or Volunteer staff who does. 43  9. This Agreement is for one (1) year, beginning on the effective date of this Agreement, unless or until written notice of termination is given by either party hereto at least sixty (60) days prior thereto. No further obligation or liabilities shall be imposed upon the withdrawing party after termination. 10. This Agreement shall be valid only if it is executed by November 30, 2023 and only when it is executed by those authorized and required to execute this Agreement. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals: City Of Hendersonville Number One Volunteer Fire Department, Inc. By: ___________________________ By:__________________________ Name: _________________________ Name: _______________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: _______________________ 44  EXHIBIT A (a) Mutual Aid: The situa�ons that HFD could provide assistance to: • Confirmed structure fire • Entrapment in vehicle • Drowning • Swi�-water rescue • Hazardous materials (b) Automatic Aid: The situa�ons that HFD will aid: • Ac�ve shooter situa�ons, and • Non-medical calls for: o Rehoboth Methodist Church o Rome Bap�st 45  INTERLOCAL AGREEMENT For Mutual and Automatic Aid FOR FIRE DEPARTMENT SERVICES (Pursuant To T.C.A. Section 6-54-601) THIS AGREEMENT entered as of the ______ day of ____________, 2023, by and among THE CITY OF HENDERSONVILLE, TENNESSEE, a Tennessee municipal corporation, (hereinafter referred to as the “City”), and SHACKLE ISLAND VOLUNTEER FIRE DEPARTMENT, INC., a Tennessee nonprofit corporation. In consideration of the mutual covenants contained herein, and in accordance with Tennessee Code Annotated, § 6-54-601, the parties agree as follows: 1. The parties will respond to calls for fire department services only upon request for such assistance made by the senior fire officer on duty of the fire department of the respective party, or as otherwise designated by the requesting party. All requests for fire department services should be made to the senior fire officer of the responding party, or as otherwise designated by the responding party. Each party may designate the appropriate officer. Two types of assistance are intended by this Agreement provided as follows: (a) Mutual Aid Assistance, see Exhibit A (b) Automatic Aid Assistance, see Exhibit A 2. Upon request for aid received as provided for in paragraph (1), the senior fire officer (or designee) of the responding party will authorize a response as follows: (a) Each of the parties to this Agreement will attempt to provide a sufficient response as determined by the severity of the emergency in the requesting party’s jurisdiction, with consideration also to the requirements of, and that which is sufficient for, the responding party’s jurisdiction. (b) If there is also an emergency in the jurisdiction of the responding party at the time a request is made, or one occurs in the course of responding to a request under this Agreement, and the senior fire officer of the responding party reasonably determines, after a consideration of the severity of the emergency in his jurisdiction, that the responding party cannot comply with the minimal requirements under this Agreement without endangering life or incurring significant property damages in his jurisdiction, or both, he may choose to use all equipment and personnel in his own jurisdiction. In this case, the senior fire officer of the responding party shall attempt to inform the senior fire officer of the requesting party of his or her decision. (c) In cases where two or more requests for mutual aid assistance are made at the same time, thereby making compliance with the minimum requirements of this agreement impossible for the responding party, the senior fire officer (or designee) of the responding party shall determine, based upon a reasonable appraisal of the emergencies of the requesting jurisdiction, how best to respond to the requests. The senior fire officer (or designee) may determine to send all available resources under this agreement to the jurisdiction with the most dire emergency, or may 46 send some resources to each requesting jurisdiction. The senior fire officer (or designee) shall inform the requesting parties of his or her decision. (d) In both situations outlined above where compliance with the minimal duties of this agreement is impossible, the requesting party or parties will not expect full compliance with those minimal duties but will expect a fair appraisal of the emergencies involved and a commensurate response. (e) The parties hereby acknowledge and agree that this Agreement does not create a duty on either party to respond to any requests for aid, and that the responding party retains the discretion over whether and to what extent to give the aid requested. 3. When fire personnel are sent to another community pursuant to this Agreement, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the Workers’ Compensation Laws, which exist in the responding Fire Department shall be extended to and include any geographic area necessary as a result of the request when these personnel are acting within the scope of the authority conferred by this Agreement. 4. The party who requests mutual aid shall in no way be deemed liable or responsible for the personal property of the members of the Fire Department of the responding party that may be lost, stolen, or damaged while performing their duties in responding under the terms of this agreement. 5. The party responding to the request for mutual aid under the terms of this Agreement assumes all liabilities and responsibility as between the parties for damage to its own apparatus and/or equipment. The party responding also assumes all liability and responsibility between the parties for any damage caused by its own apparatus and/or negligence of its personnel while in route to or returning from a specific location. 6. The party responding under the terms of this Agreement assumes no responsibility for liability for property damages or destroyed or bodily injury at the actual scene of any emergency due to actions that are taken in responding under this agreement. This liability and responsibility as between the parties shall rest solely with the party requesting aid and within whose jurisdiction the property exists or the incident occurs. 7. Notwithstanding any other provision of this Agreement to the contrary, the respective parties agree that no claim for compensation will be made by either against the other for loss, damage, or personal injury occurring in consequence of mutual aid assistance rendered under this agreement, and all such rights or claims are hereby expressly waived. 8. Upon the arrival of HFDs first arriving officer they automatically become attached to the Incident Commander and assist with making tactical and lifesaving and property loss decisions.” If the first arriving volunteer firefighter has no formal training as an Officer, then they would pass command to the first arriving HFD or Volunteer staff who does. 47  9. This Agreement is for one (1) year, beginning on the effective date of this Agreement, unless or until written notice of termination is given by either party hereto at least sixty (60) days prior thereto. No further obligation or liabilities shall be imposed upon the withdrawing party after termination. 10. This Agreement shall be valid only if it is executed by November 30, 2023 and only when it is executed by those authorized and required to execute this Agreement. IN WITNESS WHEREOF, we, the contracting parties, by our duly authorized agents, hereto affix our signatures and seals: City Of Hendersonville Shackle Island Volunteer Fire Department, Inc. By: ___________________________ By:__________________________ Name: _________________________ Name: _______________________ Title: _________________________ Title: _______________________ Date: _________________________ Date: _______________________ 48  EXHIBIT A (a) Mutual Aid: The situa�ons that HFD could provide assistance to: • Confirmed structure fire • Entrapment in vehicle • Drowning • Swi�-water rescue • Hazardous materials (b) Automatic Aid: The situa�ons that HFD will aid: • Ac�ve shooter situa�ons, and • Non-medical calls for: o Beech and T.W. Hunter schools o Saint John Bap�st, Long Hollow Church, Beech Presbyterian and Shackle Island Church of Christ 49  Hendersonville Metrics October 2023 FINANCE LOCAL SALES TAX REVENUE July - September, 2022 vs. 2023 - 0.96% 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 Local sales tax is up 1.84%, Sept. 2022 vs. Sept. 2023 - $27,921 in growth. Sept. 2023 investment earnings = $122,624, up from the $4,483 Sept. 2022 earnings. LOCAL SALES TAX REVENUE July - September, $47,359 from PY 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 - FY 2022 FY 2023 FY 2024 50  LOCAL SALES TAX & PERMIT REVENUE YTD - 4.33% 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 GENERAL FUND OPERATING EXPENDITURES YTD - 10.80% 10,000,000 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 - JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 51 PUBLIC SAFETY FIRE - CALLS FOR SERVICE 1000 900 800 700 600 500 400 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 FY24 Fire and PD calls are trending below prior year numbers. POLICE - CALLS FOR SERVICE 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 CALLS FOR SERVICE, JULY - OCTOBER 20,400 15,400 10,400 5,400 400 FY 2022 FY 2023 FY 2024 YTD FIRE YTD POLICE 52 CODES RESIDENTIAL PERMITS ISSUED COMMERCIAL PERMITS ISSUED 600 60 500 50 400 40 300 30 200 20 100 10 0 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 FY 2022 FY 2023 FY 2024 RESIDENTIAL ACTIVITY, JULY - OCTOBER 5,000 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 FY 2022 FY 2023 FY 2024 YTD Permits YTD Inspections 53 PLANNING USE & OCCUPANCY PERMITS ISSUED 40 35 30 25 20 15 10 5 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 The U&O activity for FY24 is on par with FY22 & FY23 activity. COMMERCIAL PROJECTS PROJECTS APPROVED - YTD APPROVED YTD 45 115% from PY 40 14 35 12 30 10 25 8 20 6 15 4 10 2 5 0 0 FY 2022 FY 2023 FY 2024 FY 2022 FY 2023 FY 2024 YTD Residential YTD Commercial Commercial activity is up, residential activity is down, compared to FY23. 54 PARKS Upcoming Events NOVEMBER Event Name Location Type of Event November 11 Nashville Women's Rugby Rugby Field Rugby November 11-12 ECHO Hockey Volunteer Park Hockey November 12 Power Wheels Grand Prix Veterans Park Kids Event November 18-19 TN Fast Pitch Drakes Creek Park Softball November 18-19 Bearpaw Lacrosse Volunteer Park Box Lacrosse DECEMBER Mallard Point / December 2 Boat Parade Sanders Ferry Parade/5K Christmas Parade/Tree December 3 Lighting Memorial Park Community Event 55 PUBLIC WORKS PAVING (IN LANE MILES) STORMWATER PROJECTS 30 30 25 25 20 20 15 15 10 10 5 5 0 0 Budgeted Completed Budgeted Completed CAPITAL PROJECTS FIREHALL #7 SANDERS FERRY GREENWAY $1,293,805 23% $2,004,296 36% $4,217,995 77% $3,547,245 64% Project Expense to Date Project Unspent to Date Project Expense to Date Project Unspent to Date SIGNAL SYNCRONIZATION, Phase 1 $248,734 14% $1,503,194 86% Project Expense to Date Project Unspent to Date 56 HUMAN RESOURCES 388 Budgeted Fulltime Positions by Department - FY2024 Police - 40% Fire - 31% 2% 3% 1% 3% Public Works - 11% 3% Parks - 6% 6% Codes - 3% 40% 11% Finance - 3% Planning - 2% Central Admin - 3% 31% Executive - 1% LIST OF ACTIVE RECRUITMENTS TITLE DEPARTMENT Part-time Maintenance Worker x 2 Parks Police Officer Police Department Project Manager Public Works Equipment Operator I Public Works Traffic Engineer Public Works 57