Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING November 28, 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 JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: KAREN DIXON, ALDERMAN The meeting opened with prayer led by Dr. Bruce Chesser, Senior Pastor of First Baptist Church Hendersonville. Mayor Clary led the Pledge of Allegiance. AGENDA The November 28, 2023 , BOMA meeting was called to order by Mayor Jamie Clary. Peterson moved; seconded by Goodwin to approve the November 28, 2023, agenda. Waters moved; Sasse seconded to amend the agenda by moving Item #5, Resolution 2023-49 under Ordinances and Resolutions to Item #1 due to the amount of people present in attendance to hear the reading. There was no discussion. There was a unanimous vote to approve the amendment. I Clary declared the motion carried. Clary moved; Goodwin seconded a second amendment to the agenda to withdraw Item #3, Ordinance 2023-26 under Ordinances and Resolutions, add a Public Hearing for Resolution 2023-49 as it was advertised, just erroneously omitted from the agenda, and MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE2 add a Mayoral Report at the end of Brief Committee Reports. There was no discussion. There was a unanimous vote to approve the second amendment to the agenda. Clary declared the motion carried. There was no additional discussion on the original motion. There was a unanimous vote to approve the agenda as twice amended. Clary declared the motion carried. PRESENTATIONS None PUBLIC HEARING Roberson moved; Garza seconded a motion to allow individuals to speak for the Public Hearing the same amount of time allotted for Citizens' Comments which is five minutes. There was no discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. There was a public hearing for Resolution 2023-49, to hear comments on a request by Desneige VanCleve, to amend Grace Place Ministry Comprehensive Development Plan with a parking waiver and perimeter landscape buffer as well as a new site layout. Jody Corley, 143 Inlet Drive, a 50-year resident and board member of Grace Place and a founding member of Grace Place Women's Alliance spoke in support of the change and new plan for Grace Place. Grace Place has been meeting the needs of women with training and education for eight years in the community. The success rate is 87%. Currently families residing at Grace Place live in one room. That is the reason Grace Place is trying to build a campus-to house, train, and better serve these families and others. The waiting list continues to grow for those wanting to get into the program. The director receives 400 calls per month. The new facility will have the ability to house and train more individuals to help them grow into independent residents. Cory Sullins, 300 Scarsdale Drive South, Co-owner of Servpro of Sumner County and future neighbor to Grace Place spoke in support of Grace Place. Mr. Sullins has been informed of the requested changes and fully supports the new plan, their mission, and the work they do and has offered support during the development as well. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE3 Keith Head, 709 Shute Lane, board member and building committee member of Grace Place spoke in support of Grace Place and asked for BOMA' s support. Ray Moore, 2101 Center Point Road, Trustee of Lakeview Church of Christ next door to Grace Place spoke in support of Grace Place if parking does not encroach on the church's parking. Mr. Moore had concerns about the reduction in parking, but those concerns were addressed, and parking will revert to the current required minimum if ownership changes. Mr. Moore asked that the City make sure the deed reflected the parking restrictions for the future. MINUTES Waters moved; seconded by Sasse to approve the November 14, 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. Barbara Collier, 303 Walton Ferry Road, owner of Kinder Heart Academy formerly known as Clairmont, addressed the Board with concerns of Westlake ' s rezoning request for removal of zonings and the impact it would have on the value of her property moving forward if she decided to sell. Ms. Collier feels the changes would greatly marginalize the pool of buyers. Currently there are nine residential uses; seven are being removed with the proposed zoning changes. Darlyn Farris, 109 Elissa Drive, addressed the Board regarding adopted Resolution 2023- 43, Interlocal Agreements, answering calls outside the City limits and her thoughts that the City should not be responding to those calls. Ms. Farris urged the board not to continue to allow responses to the county. Lorissa Moore, 107 McBratney Drive, addressed the Board referencing her attendance and comments at the 10/24/2023, 11/14/2023 and the current BOMA meeting regarding changing the process of letters issued by the Planning and Zoning Enforcement Officers. She stated the letter has caused her to not be able to help the less fortunate in the City and that has directly affected the ladies present tonight [Grace Place]. She stated she has yet to be contacted by anyone from the City regarding her request to change that process. She asked that someone from the City please contact her to help her continue to help the less fortunate in Hendersonville. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE4 CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for Resolution 2023-49, a resolution to amend the Grace Place at New Shackle Comprehensive Development Plan located at 126 New Shackle Road. Garza moved; Roberson seconded a motion to approve Resolution 2023-49. Clary asked Director Free where it was stated that the parking restrictions would change with new ownership and have to be expanded. There was a brief discussion which included explanation by Planning Director Free that the restrictions would be included with the approved plan development and would be enforced through that approval. If there is a change in ownership a change of use would have to occur. The way it is written is that an agency acting as Grace Place is currently acting and their mission would allow reduced parking. Basically, any change of ownership would equal a change in parking. It holds the same as a deed restriction. Without objection, Goodwin was added as a sponsor of Resolution 2023-49. There was a unanimous vote to approve Resolution 2023-49. Clary declared the motion carried. The caption was read for second and final reading of 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. Collins moved; Sasse seconded a motion to approve Ordinance 2023-25. There was no discussion. There was a unanimous vote to approve Ordinance 2023-25 on second reading. 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; Waters seconded a motion to approve Ordinance 2023-24. Clary read the language that amended the ordinance at the October 24 th , 2023, BOMA meeting. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGES Waters moved; Sasse seconded a motion to amend Ordinance 2023-24 by adding additional hours for January pt from 10:00 a.m. to 1:00 a.m. January 2nd . Collins requested a compromise of the January 1st hours to be 10:00 a.m. to 11 :00 p.m. Waters and Sasse agreed and changed their motion to coincide with Collins' request. There was a majority vote of seven (7) to five (5) approving the amendment with voting as follows: Aye: Collins, Garton, Garza, Goodwin, Martin, Sasse, and Waters. Nay: Burgdorf, Peterson, Roberson, Skidmore, and Clary. Clary declared the motion carried. Assistant Chief Jones was asked how difficult it was to enforce the fireworks ordinance. Assistant Chief Jones responded that when fireworks were completely banned it was difficult to enforce as they were flooded with calls. When the City allowed fireworks on certain days, the number of complaint calls decreased. The calls they try to focus on are those where fireworks are being shot at houses or cars. Warnings are typically given first but if the officer has to go back a citation is given. There was a majority vote of eight (8) to four (4) approving Ordinance 2023-24 as amended. Aye: Collins, Garton, Garza, Goodwin, Martin, Roberson, Waters, and Clary. Nay: Burgdorf, Peterson, Sasse, and Skidmore. Clary declared the motion carried. The caption was read for Resolution 2023-46, a resolution accepting donated conveyance of real property to the City of Hendersonville, Tennessee from the current owner, located in the Mayfair development at 250 East Main Street. Clary moved; Roberson seconded a motion to approve Resolution 2023-46. There was discussion regarding a Phase 1 report to be obtained by the City. CERCLA (Comprehensive Environment Response, Compensation, and Liability Act) was explained by Attorney Wray. The act provides certain liability protection for those that acquire land that may have had previous contamination as long as the new owner does due diligence and goes through all appropriate inquiries to determine if there was any prior contamination. That information is provided in a Phase 1 report and that report is in the process of being done. The City has been assured it will be completed before the end of the year. That would potentially provide the City with liability exemption, affirmative defenses, and clean up liability if something were to arise after the City obtained the property. It is known as the Innocent Landowner Defense and Bona Fide Purchaser Defense. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE6 Collins moved; Garza seconded a motion to amend Resolution 2023-46 by adding the following language to the paragraph beginning "Now, therefore, be it resolved" add after "that" "upon the completion of a satisfactory Phase 1 report according to the City Attorney". Also adding to the paragraph "Be it further resolved" add after "that" "upon the completion of a satisfactory Phase 1 report according to the City Attorney". It was clarified that the Phase 1 report would cover the entire grounds and the house. There was a unanimous vote to approve the amendment to Resolution 2023-46 with Skidmore abstaining. Clary declared the motion carried. Without objection, Peterson was added as a sponsor. Deed restrictions were provided by Attorney Wray and discussed. The intent is for commercial and industrial purposes. The restrictions could be lifted if a satisfactory Phase 1 report is returned; there is a process. The City would reach out to the original owners, which was GE. If an original owner cannot be found, the next process would be to petition the court to prove that those restrictions were no longer necessary. Further discussion included the possibility of the City building on the property and the process of approval for such building would come back to the Board in several ways. There was a unanimous vote to approve the Resolution 2023-46 as amended with Skidmore abstaining. Clary declared the motion carried. The caption was read for Resolution 2023-50, a resolution establishing fees to be collected by the Planning Department in the administration of the city zoning ordinance. Martin moved; Sasse seconded a motion to approve Resolution 2023-50. There was discussion. Director Free was asked if these fees would prohibit anyone from affording to do business in Hendersonville. Director Free stated he did not believe it would. The fees were determined based on actual cost. Commercial developments would probably not walk away due to the fees but a small business might. Director Free added that the fees are effective January 1, 2024, and they will increase annually based on the Cost of Living each year that BOMA approves. There was a unanimous vote to approve Resolution 2023-50. Clary declared the motion carried. OTHER AGENDA ITEMS Waters moved; Peterson seconded a motion to approve the appointment of Timothy MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE7 Manion to the Beer Board. There was a unanimous vote to approve the appointment. Clary declared the motion carried. There was discussion regarding the Interlocal Agreements with Number One Volunteer Fire Department and Shackle Island Volunteer Fire Department. Eckenroth and Chief Bush addressed BOMA that neither of them has received a signed agreement from either agency. The November 30, 2023 , deadline to receive a signed agreement back from either agency was clarified to be 11 :59 p.m., November 30, 2023 . If no agreement is received, the City will no longer respond to calls outside the City limits except for those that fall under mutual aid under State governance. Roberson requested mutuality if the agreement is signed. He supports the agreement with Number One as they have responded to assist the City as many times as the City has assisted them, but he can't support an agreement with Shackle Island because he doesn't feel it is mutually beneficial. Roberson stated that he would like to know about Plan B. He asked Attorney Wray if private agreements were to be considered, was that allowable and would we have to have County Commission approval. City Attorney Wray stated that under state law, private agreements are allowed, providing there is mutual agreement. He also stated his interpretation of the statute is that the County Commission would have to approve the private agreements. Clary responded that Plan B involved looking at buildings and organizations that citizens of Hendersonville may be attending. Clary has reached out to Dr. Langford, Director of Sumner County Schools and he plans to speak to his Board and has spoken to his attorney about potentially entering a private agreement with the City. Clary does not want to move forward with signing an agreement with the School Board until we hear back from the volunteer fire agencies. The question was posed if a church is unoccupied and a fire erupts, would that be considered mutual aid in the eyes of the State that would be responded to by the City. That' s the reason Clary prefers a private agreement with the churches and schools. Number One area includes two (2) churches. Shackle Island area includes four (4) churches and three (3) schools. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGES Roberson inquired of Attorney Wray if the City could enter an agreement with the County Commission. Wray responded the City can contract with anyone as long as both parties agree upon it. An amendment to Plan B could be to enter an Interlocal Agreement with the County Commission to cover not fire, but drowning, swift water rescue, vehicle entrapment, and hazardous materials. Due to having to get the County Commission's approval if private agreements are to be considered for churches and schools, Clary is prepared to let the County know of the City's intentions. Roberson inquired as to the possibility of asking the churches to get insurance riders to reimburse the City $1,000.00 instead of $500.00 in the event of a fire. Clary stated he had sent Director Dr. Langford the agreement that was sent to each of the volunteer fire agencies and it specifically says no compensation. He would like to keep it that way for a year. Burgdorf raised the question whether City employees would be covered under the volunteer agencies' insurance. Chief Bush will reach out to those agencies' representative to see if they have or would obtain a rider to cover the City employees when responding to events outside the City limits. Goodwin questioned if the City signed an agreement with the County Commission would City firefighters be covered for liability. Attorney Wray stated that would have to be confirmed. Goodwin is leery of the agencies obtaining a rider as the City would have no way of monitoring whether the premiums were paid, and the coverage kept up. Collins is not in favor of signing with the County Commission especially if the deadline passes with no communication. She feels the private agreements should only be with the churches and schools. Clary shared his hope that the motion that adopted Resolution 2023-43 not be rescinded. Clary stated that he is going to include discussion of the Interlocal Agreement and consideration of rescinding the motion that adopted Resolution 2023-43 regarding agreements with necJ.rby volunteer fire departments on the December 12, 2023, BOMA agenda. Clary declared the discussion completed. No recension was made. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE9 REPORTS Brief Committee Reports Finance-Dixon-Report given by Burgdorf • Met November 28, 2023 . • Discussed Resolution 2023-53, a resolution to the General Assembly requesting statutory/constitutional authority to adopt new property tax freeze program from increased real property taxes for residential homeowners. Passed unanimously. • Discussed Sales Tax Analysis Report. Local Sales Tax was down. • Investment Earnings Analysis was positive. • Stormwater Report was positive. Skidmore requested that the Property Tax Freeze for disabled veterans be looked at. Public Works-Skidmore • Met November 28, 2023. • Discussed Resolution 2023-51, a resolution accepting the dedication of the completed streets in Stone Ridge, Phase 2, in Hendersonville, Sumner County, TN. Passed unanimously. • Trash Collection Update was discussed at length. Things are currently going well. • Alerted the Board that trash bids will be opened on 12/7/2023. There were several bids. • Cages Bend Speed Study-Residents had requested the speed limit be reduced from 40 mph to 35 mph. Study revealed that the request was warranted. Lowered speed limit signs will be going up soon. • Bonita Parkway Roundabout Assessment-There will be a new roundabout. Looking into the process. • Sanders Ferry Greenway Update-The completion date has passed, but it will be completed soon. Gathering information to take to committee then to BOMA to change the bridge. • Thanks to the Public Works Department for their outstanding work with the street pavmg. • Thanked the Board for honoring the budget for the paving. • The 12/26/2023 meeting has been cancelled but will be rescheduled earlier in December as a special called meeting. Mayoral Report • Recognized Beautiful Hendersonville for decorating City Hall for Christmas. • Gave appreciation to the Board for the decorum shown during Citizen Comments. • Asked the General Committee to look into Ms. Lorissa Moore's concerns. It has gone to City Court so after the judgement the General Committee can begin. • City of Hendersonville's waste pick up rarely goes to the Resource Authority because of having to wait in line so long. Typically ther go to AAA. MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 10 • The Resource Authority hired Curtis Construction Company to build the expansion to the Resource Authority. They presented the sole bid for the project, and it came in at $16 million. $13 million was estimated to be the cost. An additional $3 million will need to be obtained, but there is $7 million in the bank and during construction $2.83 million could be generated. • They have 60 days to start. • Hired a new General Manager-Bill Brown BOMA Report-Eckenroth • The Hendersonville Clean Team received an award from the Sumner County Health Committee's 2023 Community Health Leadership Award. • Police Chief recruitment is now open. • The City's new website will launch in mid-January 2024. Information will be more accessible, and the website will be more intuitive. • Energov launches November 29, 2023. The City has been working on this internally for years. It offers newer technology. Digital plans can be accepted, credit card payments taken, etc. taking the Codes and Planning Departments from paper to electronic. Significant efficiency gains will be a result. Upon motion by Garza and second by Goodwin there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned.