Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN December 12th, 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 A. Presentation of the Sumner County 3rd Grade Cindy Lou Who Essay Contest Winner Awards by Renee Rainey with HolidayFest B. Presentation of the Festival of Lights Awards by Kathy Paschal of the Beautiful Hendersonville Committee IV. Public Hearing A. Public Hearing on Ordinance 2023-26, to hear comments on a proposed rezoning of properties and zoning ordinance text amendments that implements amended zoning requirements to reflect land use standards adopted with the passage of the Westlake at Hendersonville Land Use Plan. Information regarding this is available at https://www.hvilletn.org/departments/planning. V. Minutes A. Approval of the November 28th, 2023, meeting minutes 3-12 VI. Citizens’ Comments VII. Consent Agenda VIII. Ordinances and Resolutions Clary 1. Second and final reading of Ordinance 2023-24, an ordinance amending 13-16 Hendersonville Municipal Code Title 7, Chapter 4, Section 402 regarding fireworks Martin 2. Reading of Resolution 2023-51, a resolution accepting the dedication of the 17-22 completed streets in Stone Ridge, Phase 2, in Hendersonville, Sumner County, TN Sasse 3. Reading of Resolution 2023-53, a resolution to the General Assembly requesting 23-32 statutory/constitutional authority to adopt new property tax freeze program from increased real property taxes for residential homeowners Clary 4. Reading of Resolution 2023-54, a resolution authorizing the Mayor to enter into a 33-49 memorandum of understanding with Sumner County Schools for City fire department services (Subject to approval by the Board, pursuant to Ordinance 2002-12) 1  IX. Other Agenda Items 5. Vote on the appointment of Charles Travis to the Deer Herd Monitoring 50 and Control Committee 6. Civilian governing body and local community notification regarding participation 51-52 in the Defense Logistics and Reutilization Program X. Reports 7. Brief Committee Reports: 1. General – Peterson 2. Public Safety – Goodwin 3. Planning – Martin 8. BOMA Report 53-60 9. Mayoral Report XI. Adjournment Information Re: Board/Committee Nominations for Next Agenda Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. 2 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 LEE PETERSON, 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. 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 3 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 2 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. 4 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 3 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. 5 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 4 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 24th, 2023, BOMA meeting. 6 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 5 Waters moved; Sasse seconded a motion to amend Ordinance 2023-24 by adding additional hours for January 1st 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. 7 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 6 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 8 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 7 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. 9 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 8 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 nearby volunteer fire departments on the December 12, 2023, BOMA agenda. Clary declared the discussion completed. No recension was made. 10 MINUTES OF REGULAR MEETING NOVEMBER 28, 2023 PAGE 9 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 paving. • 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 they go to AAA. 11 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. The meeting was adjourned at 9:08 p.m. Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 12  ORDINANCE 2023-24 Sponsor: Clary AN ORDINANCE AMENDING HENDERSONVILLE MUNICIPAL CODE TITLE 7, CHAPTER 4, SECTION 402 REGARDING FIREWORKS WHEREAS, it is currently permissible for any person, or persons, to shoot, fire or explode fireworks within the City limits without obtaining a permit only during the following times: July 1-3 from 10:00 a.m. until 10:00 p.m., July 4 from 10:00 a.m. until 11:00 p.m., and December 31 from 10:00 a.m. until January 1, 1:00 a.m.; WHEREAS, the City desires to modify the dates and times fireworks are permissible within the City limits without a obtaining a permit; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE that the Hendersonville Municipal Code, Title 7, Fire Protection and Fireworks, Chapter 4, Fireworks, Section 7-402, Permit Required, is hereby amended by deleting from subsection 2 of Section 7-402 the language “July 1-3 from 10:00 a.m. until 10:00 p.m.”, shown further as follows: 7-402. Permit Required. 2. Fireworks are permissible without a permit only during the following times: July 1-3 from 10:00 a.m. until 10:00 p.m., July 4 from 10:00 a.m. until 11:00 p.m., and December 31 from 10:00 a.m. until January 1, 1:00 a.m., and January 1, 10:00 a.m. until 11:00 p.m. This ordinance shall take effect at the earliest date allowed by law. First Reading: November 28th, 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 13  LEGISLATIVE HISTORY Ordinance 2023-24 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: October 10th, 2023 Committee Recommendation: Passed with a positive recommendation. First BOMA Reading: October 24th, 2023 Amendment: “Fireworks may be allowed from July 4th to July 10th and December 31st to January 6th with a curfew of 10:00 pm.” Vote: Aye: Burgdorf, Martin, Sasse, Skidmore, and Waters. Nay: Collins, Dixon, Garton, Garza, Goodwin, Roberson, and Clary. Motion failed. Amendment: “Fireworks may be allowed from July 3rd from 5 p.m. to 11 p.m. 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.” Vote: Aye: Collins, Dixon, Garton, Garza, Goodwin, Roberson, and Clary. Nay: Burgdorf, Martin, Sasse, Skidmore, and Waters. Motion carried. Withdrawn by sponsor to return to the Public Safety Committee. Committee: Public Safety Date of Committee Meeting: November 14th, 2023 Committee Recommendation: Passed with a positive recommendation. First BOMA Reading: November 28th, 2023 Amendment: Additional hours were added: “January 1st from 10:00 a.m. to 1:00 a.m. January 2nd.” There was a compromise to the amendment. Hours added are “January 1st from 10:00 a.m. to 11:00 p.m.” Vote: Aye: Collins, Garton, Garza, Goodwin, Martin, Sasse, and Waters. Nay: Burgdorf, Peterson, Roberson, Skidmore, and Clary. Absent: Dixon. Motion carried. Vote on original motion as amended: Aye: Collins, Garton, Garza, Goodwin, Martin, Roberson, Waters, and Clary. Nay: Burgdorf, Peterson, Sasse, and Skidmore. Absent: Dixon. Motion carried. Second BOMA Reading: December 12th, 2023. 14 DATE: December 12th, 2023 ORDINANCE/RESOLUTION # Ordinance 2023-24 SPECIFIC REQUEST/ BOMA is being asked to further restrict and simplify when RECOMMENDATION: residents can shoot fireworks. STAFF REPORT PREPARED BY: Jamie Clary, Mayor REPORT BACKGROUND: 1 Prior to 2019 shooting fireworks within the city limits required a permit. Typically, the City issued one permit each year, that being to the business providing the fireworks show at Freedom Festival. The many other fireworks shows in the city, coming from backyards and cul-de-sacs, were technically illegal. So many residents violated our law and police could not fully enforce it on Independence Day, New Year’s Eve, and days surrounding those holidays. Residents often shot fireworks into the early morning hours and for days after the holidays. In 2019 BOMA relaxed the law, allowing residents without permits to shoot fireworks within two particular windows. The reasons BOMA made the change were (a) the law was not being followed and (b) by giving residents legal opportunities, they would stop shooting fireworks for so many days following the holidays. BOMA’s changes in 2019 allowed fireworks without a permit: • July 1st-3rd from 10:00 a.m. until 10:00 p.m. • July 4th from 10:00 a.m. until 11:00 p.m. • December 31st from 10:00 a.m. until January 1, 1:00 a.m. Notably these windows are not easy to remember. They involve six days each year and three different times during those six days. The ordinance, as originally submitted to BOMA, proposed new hours: • July 4th from 10:00 a.m. until 11:00 p.m. • December 31st from 10:00 a.m. until January 1st, 1:00 a.m. However, the ordinance was amended at the October BOMA meeting to: • July 3rd & 4th from 5:00 p.m. until 11:00 p.m. • December 31st from 10:00 a.m. until January 1st, 1:00 a.m., and was withdrawn. The ordinance was resubmitted, as amended, to the Public Safety Committee for further consideration. The Public Safety Committee recommended the amendment as proposed by BOMA for July 3rd & 4th from 5:00 p.m. until 11:00 pm and December 31st from 10:00 a.m. through January 1st 1:00 a.m. During the November 28th, 2023, BOMA meeting an amendment passed for one additional block of time: January 1st, 10:00 a.m. – 11:00 p.m. The hours now proposed: • July 3rd & 4th from 5:00 p.m. until 11:00 p.m. • December 31st from 10:00 a.m. until January 1st, 1:00 a.m. • January 1st, from 10:00 a.m. until 11:00 p.m. 15  2 DISCUSSION: 2 The justification in 2019 for allowing backyard fireworks displays was that by allowing them on certain dates, we would discourage residents from shooting off fireworks during all other dates. That has not happened. We continue to receive complaints from neighbors after the two windows have elapsed. Here are two examples of the impact of the current ordinance. Both emails came to the City during the past year. “My name is Rhonda Laight. I live and have lived at 107 Roberta Drive here in Hendersonville for over 20 years. I love our city. My husband and I have raised a child in our school system and I have worked for businesses in our community for 17 years. It's been a wonderful place to call our home. My ongoing concern, year after year, is the non-compliance of the firework ordinance outside of the permitted and legal times. We also love to celebrate all our festive holidays and don't have a problem with others doing the same. We make provisions for our dogs days before the firework holidays by making sure they're safe, playing music to subdue the noise and administering veterinary medications to ease their anxiety from the noise. However, this year our dogs were extremely traumatized, even under veterinary medication for fireworks, from day after day of these going off. This year was so bad that I had to take one of dogs to the Vet for severe gastrointestinal issues during the fireworks week and subsequently a $167.48 vet bill followed.” “I have a dog who is terrified, and in turn, I am tied to the house this week in the evenings because if I leave her alone, she will hurt herself out of fear of the fireworks. So please either find a way for the Police to enforce the current ordinance or make it limited to only July 4th from 10 am to 10 pm. --Aimee Lecerf” If we adopt the changes in this proposed ordinance, people will still shoot off fireworks at the wrong times. We will still have complaints from neighbors. Dogs will still suffer. Neighbors will be woken up. However, those incidents will happen less. Without a way to test this expectation, I can only point to people who drive over the speed limit. Those drivers are less likely to drive 20 MPH over the speed limit than they are likely to drive 5 MPH over the speed limit. By publicizing these changes, we can expect people to shoot fireworks one or two days past the legal windows, but they are less likely to shoot them three, four, and five days after the holidays. FISCAL IMPACT: 3 None ADDITIONAL INFORMATION / PHOTOS: 4 This proposed ordinance does not impact sales of fireworks. Also, fireworks displays—professional and non-professional—are not allowed during a burn ban and will continue to be. This proposed ordinance does not impact that. 16  RESOLUTION 2023-51 Sponsor: Martin A RESOLUTION ACCEPTING THE DEDICATION OF THE COMPLETED STREETS IN STONE RIDGE, PHASE 2, IN HENDERSONVILLE, SUMNER COUNTY, TENNESSEE WHEREAS, the developer/owner, Towe Building Group, LLC, a Tennessee limited liability company, has formally requested the City of Hendersonville accept the dedication of the completed streets in Stone Ridge, Phase 2, property that is located on the west side of Cumberland Hills Drive near Stark Knob Road in Hendersonville, Tennessee; WHEREAS, the streets and drainage have been inspected by the Public Works Director and City Engineer and were found to meet all City specifications; WHEREAS, the Public Works Committee has recommended acceptance; and WHEREAS, the Hendersonville Planning Commission on December 5th, 2023, recommended acceptance of the streets: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that dedication of the completed streets in Stone Ridge, Phase 2, is hereby accepted. Adopted this the ____ day of ________________, 2023. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _________________________________________ LANCE A. WRAY, City Attorney 17  LEGISLATIVE HISTORY Resolution 2023-51 Sponsor: Martin Committee: Public Works Date of Committee Meeting: November 28th, 2023 Committee Recommendation: Yes BOMA Reading: December 12, 2023 18 DATE: December 12th, 2023 ORDINANCE/RESOLUTION # Resolution 2023-51 A Resolution accepting the dedication of the completed SPECIFIC REQUEST/ RECOMMENDATION: streets in Stone Ridge Phase 2, Hendersonville, Sumner County, Tennessee STAFF REPORT REPORT PREPARED BY: Sarah Lock, PE, Public Works Director BACKGROUND: 1 The Subdivision Regulations for the City of Hendersonville establish a process for development within the City. Once a residential subdivision is constructed and complete, the developer formally requests final acceptance of improvements and streets by the City. Staff provides a final review of the subdivision after punch list items have been addressed and recommends acceptance to the Public Works Committee, Planning Commission and Board of Mayor and Alderman. DISCUSSION: 2 The Developer, Towe Building Group, LLC, formally requested the City of Hendersonville accept dedication of the completed streets in Stone Ridge Phase 2. The streets and drainage have been inspected by the Public Works Director and City Engineer and were found to meet all City specifications. FISCAL IMPACT: 3 n/a ADDITIONAL INFORMATION / PHOTOS: 4 n/a ATTACHMENTS: 5 • Resolution 2023-51 • Official Street Acceptance Map • Final Plat 19 20 21 22  RESOLUTION 2023-53 Sponsor: Sasse 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 WHEREAS, taxes imposed and collected on property for municipal purposes are defined and determined under State law, and a municipal governing body may not enact any laws in conflict with, or are an addition to, the authority that currently exists under State law; WHEREAS, Tennessee Code Annotated, § 67-5-705, Property Tax Freeze Act, currently provides for such a “property tax freeze” only to those that qualify by age and income level. This Resolution is seeking statutory/constitutional authority to extend the program to all residential property homeowners, such that residential property taxes and assessed values are “frozen” until such time as the property is sold, transferred or improved (as defined herein); WHEREAS, the qualifications, calculations and administration of this property tax freeze program are intended to be the same as with that as provided under the current Property Tax Freeze Act; WHEREAS, this tax freeze program would apply only to owner occupied homes that are also their principal place of residence; WHEREAS, the City desires the statutory, and if necessary, the Constitutional authority to enact this property tax freeze program: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, as follows: Section One: The Tennessee General Assembly is hereby requested to amend State law, and if necessary, seek an amendment to the Constitution, to allow the City of Hendersonville to enact a property tax freeze program such as that provided currently by the Property Freeze Act, but that is extended to all residential real properties that are owner-occupied and principal places of residences, such that the total dollar tax amount the homeowner pays at the time of a City Ordinance enacting a property tax freeze program shall not change until such time as the property is sold, transferred or improved (as defined herein), at which time the property shall then be taxed at any new rate of taxation and assessed value then existing. Section Two: This property tax program, including its qualifications, calculations and administration, shall be governed the same as that which is provided currently under state law for the Property Freeze Act, except that there are no age or income qualifications. The provisions of the Act under Tennessee Code Annotated, § 67-5-705, not otherwise inconsistent with the provisions herein, or with other State law, shall be incorporated herein by reference. Section Three: (1) Under no condition shall any taxpayer receive tax relief for property taxes paid on more than one place of residence for any tax year. 23  R23-53 Page 2 (2) Tax relief shall be provided to only one (1) recipient for a given property for any tax year. (3) (A) “Transferred” as contemplated herein means that as defined in T.C.A. §13-7-602, which are transfers other than sales that are: (1) By the conveyance from one (1) spouse to the other; (2) Are domestic settlement decrees and/or domestic decrees and/or deeds that are an adjustment of property rights between divorcing parties; (3) Are deeds executed by the trustee of a revocable living trust to implement a testamentary devise by the trustor of the trust. (B) “Improvement” means any change to a dwelling or dwelling lot that would properly warrant a change by the assessor in the assessed value of the property for the year or portion of the year in which the improvement is made; and BE IT FURTHER RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that this Resolution shall be forwarded to the State delegates for the City for passage by the Tennessee General Assembly; and Adopted this the _____ day of __________, 2023. APPROVED: ____________________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, City Attorney 24  R23-53 Page 3 LEGISLATIVE HISTORY Resolution 2023-53 Sponsors: Sasse Committee: Finance Date of Committee Meeting: November 28th, 2023 Committee Recommendation: Yes. BOMA Reading: December 12th, 2023 25 DATE: December 12th, 2023 ORDINANCE/RESOLUTION # Resolution 2023-53 That BOMA considers a resolution to the general assembly SPECIFIC REQUEST/ requesting statutory/constitutional authority to adopt a RECOMMENDATION: new property tax freeze program from increased real STAFF property taxes for residential homeowners. REPORT REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations BACKGROUND: 1 Taxes imposed and collected on property, e.g., property taxes, for municipal purposes are defined and determined under State law, and a municipal governing body may not enact any laws in conflict with, or in addition to, the authority that exists under State law. Programs exist, under State law, that restrict the residential property tax burden, one such program is the Property Freeze Act, Tennessee Code Annotated § 67- 5-705. The Property Freeze Act has ownership, age and income restrictions; age restriction for the program is 65 and income is limited by the State of Tennessee at $60,000, such limit is revised from time to time. Individual agencies (cities and counties) provide administrative processing services for the state program. The tax freeze program for the City of Hendersonville is administered by Sumner County and the State of Tennessee. DISCUSSION: 2 The proposed resolution mimics the Property Freeze Act, with two notable exceptions: 1. Elimination of age requirement 2. Elimination of income limit Under the proposed legislation only owner-occupied residential homes are eligible for a freeze. If a property is sold, transferred, or improved in such a manner that triggers a reassessment the property is unfrozen and assumes the current tax rate. Owners would have to apply on an annual basis to continue enrollment in the freeze program. Sumner County administers the freeze program on behalf of the City of Hendersonville but may discontinue administration, in part or in whole, if the city elects to start a standalone freeze program. It is important to note that the proposed program freezes the dollar amount of the tax liability and does not freeze the tax rate, the current city tax rate is .9187. Property taxes within the city limits are composed of two rates, a city rate of .9187 and a county rate of 2.252, subject to change at the direction of the governing boards. This proposal would not impact an owner’s liability for county property tax, it would only be applicable to the city property tax liability. Note, the resolution is not asking BOMA to approve a freeze program, it is asking BOMA to seek approval from the state regarding the proposed program. 26  2 FISCAL IMPACT: 3 The fiscal impact is undetermined and would depend on future tax rate increases. If tax rate increases are approved by BOMA, owner-occupied residential homes would be shielded from such increases if enrolled in the program. Commercial and all other non-owner-occupied dwelling units would not qualify for the freeze program and would be subject to the impacts of tax rate increases. ADDITIONAL INFORMATION / PHOTOS: 4 N/A ATTACHMENTS: 5 • TCA 67-5-705 • Tax assessment worksheet provided by Alderman Sasse 27  Tenn. Code 67-5-705 [Effective 7/1/2023] Property Tax Freeze Act (Tennessee Code (2023 Edition)) 67-5-705 [Effective 7/1/2023] Property Tax Freeze Act 67-5-705. [Effective 7/1/2023] Property Tax Freeze Act (a) This section shall be known and may be cited as the "Property Tax Freeze Act." (b) The purpose of this section is to provide for uniform and orderly administration of the property tax freeze program for eligible taxpayers in those jurisdictions adopting it. This section is not intended to displace other forms of property tax relief available at the time of its passage except as expressly provided in this section. (c) As used in this section, unless the context otherwise requires: (1) "Base tax" means the property tax due on the principal residence of a qualifying taxpayer at the time the jurisdiction levying the tax adopts a resolution or ordinance approving the property tax freeze under this section. If the taxpayer did not qualify or did not own an eligible residence when the freeze was adopted, "base tax" means the maximum property tax due on the taxpayer's eligible residence for the year in which the taxpayer became eligible on the basis of an approved application. If a taxpayer reapplies after acquiring a new residence or after a period of ineligibility, the base tax shall be recalculated for the year of reapplication and reestablishment of eligibility; (2) "Collecting official" means the county trustee or, in the case of taxes due a municipality, the county trustee or other official responsible for collection of property taxes; (3) "Improvement" means any change to a dwelling or dwelling lot that would properly warrant a change by the assessor in the assessed value of the property for the year or portion of the year in which the improvement is made; and (4) "Principal residence" means the dwelling owned by the taxpayer and eligible as the taxpayer's legal residence for voting purposes. Program rules shall establish the maximum size limits for land that may qualify as a taxpayer's principal residence. The rules shall take into consideration lot size requirements under applicable zoning, as well as property actually used to support residential structures; provided, however, that the size limit shall not exceed five (5) acres. The tax freeze granted by this section shall only apply to the residence and no more than the maximum limit for land established by the rules. (d) (1) The legislative body of a county or municipality may by resolution or ordinance adopt the property tax freeze program provided in this section. The county or municipality may thereafter terminate the freeze program by resolution or ordinance; provided, however, that the resolution or ordinance terminating the program must not have the effect of terminating the program until the following tax year. -1- 28  Tenn. Code 67-5-705 [Effective 7/1/2023] Property Tax Freeze Act (Tennessee Code (2023 Edition)) (2) A municipality that is located in a county that has already adopted the tax freeze program must use the same income limit adopted by the county if the municipality also adopts the tax freeze program and the county has adopted the income limit as set forth in subdivision (f)(3)(A)(iii). (3) A municipality that adopts or has adopted the tax freeze program must use the income limit adopted by the county if the county trustee is accepting tax freeze applications on behalf of the municipality, or is acting as the collecting official on behalf of the municipality, and the county has adopted the income limit as set forth in subdivision (f)(3)(A)(iii). (e) (1) Taxpayers seeking the property tax freeze shall apply annually to the collecting official by the deadline established in program rules, and applicants must qualify on the basis of age, income and ownership of eligible property. The collecting official shall determine whether requirements for eligibility have been met, and the collecting official's determination shall be final, subject to audit and recovery of taxes, including interest at the rates otherwise provided for delinquent taxes under §67-5-2010, if the applicant is later determined to have not been eligible. Any taxpayer who knowingly provides false information concerning the taxpayer's income or other information relative to eligibility for the program, commits a Class A misdemeanor. (2) If the collecting official approves the application, property taxes due on the applicant's principal residence shall be the lesser of: (A) The actual tax due; or (B) The base tax; provided, that the base tax shall be adjusted to reflect any percentage increase in the value of the property determined by the assessor to be attributed to improvements made or discovered after the time the base tax was established. The base tax shall be recalculated in any year in which the actual tax due is less than the previously established base tax for the property, and the recalculated base tax shall apply until further recalculated pursuant to this part. (f) (1) To qualify for the property tax freeze, the applicant shall be sixty-five (65) years of age by the end of the year in which the application is filed. The applicant shall further own and use the property as the applicant's principal residence for which the freeze is sought in the year of application or reapplication and through the deadline date for application or reapplication. (2) In addition to the qualifications stated in subdivision (f)(1), the applicant's income, combined with the income of any other owners of the property, the income of applicant's spouse and the income of any owner of a remainder or reversion in the property if the property constituted the person's legal residence at any time during the year, may not exceed -2- 29  Tenn. Code 67-5-705 [Effective 7/1/2023] Property Tax Freeze Act (Tennessee Code (2023 Edition)) the limit stated in subdivision (f)(3). Income for purposes of qualification means income from all sources as defined by program rules. (3) (A) Subject to subdivision (f)(3)(B), the income limit for the property tax freeze program is the greater of: (i) The weighted average of the median household income for age groups sixty-five (65) years of age to seventy-four (74) years of age and seventy-five (75) years of age or over who resided within the county as determined in the most recent federal decennial census; (ii) The applicable state tax relief income limit established under §67-5-702; or (iii) Sixty thousand dollars ($60,000) if approved by the local legislative body in accordance with subsection (d). Such income limit, if adopted by the local legislative body, shall not take effect until the tax year following adoption by the local legislative body. (B) The income limits in subdivision (f)(3)(A)(i)-(iii) must be adjusted by the comptroller of the treasury to reflect the cost-of-living adjustment for social security recipients as determined by the social security administration and must be rounded to the nearest ten dollars ($10.00). The adjusted weighted average median household income level for each county must be published annually by the comptroller of the treasury. (g) (1) The comptroller of the treasury is authorized to perform income verification or other related services or assistance at the request of a county or municipality, if the county or municipality agrees to pay fees sufficient to reimburse the actual costs to the comptroller of the treasury in providing such services or assistance, unless or to the extent not appropriated by the general assembly. (2) Financial records filed for purposes of income verification shall be confidential and shall not be subject to inspection under the Tennessee public records law, compiled in title 10, chapter 7, but shall be available to local or state officials who administer, enforce, or audit the tax freeze program or requirements imposed under this section. (h) The property tax freeze program shall conform to any uniform definitions, application forms and requirements, income verification procedures and other necessary or desirable rules, regulations, policies and procedures not in conflict with this section, as may be adopted by the state board of equalization through the division of property assessments. History: Amended by 2023 Tenn. Acts, ch. 271,s 2, eff. 7/1/2023. Amended by 2023 Tenn. Acts, ch. 271,s 1, eff. 7/1/2023. Amended by 2017 Tenn. Acts, ch. 299, s 2, eff. 7/1/2017. Amended by -3- 30  Tenn. Code 67-5-705 [Effective 7/1/2023] Property Tax Freeze Act (Tennessee Code (2023 Edition)) 2014 Tenn. Acts, ch. 938,s 1, eff. 5/19/2014. Amended by 2013 Tenn. Acts, ch. 63, s 4, eff. 8/11/2017. Acts 1979, ch. 407, §§ 1, 2; T.C.A., §§ 67-649, 67-674; Acts 2007, ch. 581, § 1; 2009, ch. 68, § 3. SSOT: This section is set out more than once due to postponed, multiple, or conflicting amendments. -4- 31  2023 Total 2023 Total Property Count Appraisal Assessment Avg Appraisal Avg Assessment 2023 Taxes 0.9187 Residential 21494 $6,602,547,000 $1,650,636,750 $307,181 $76,795 $15,164,400 Commercial & Industrial 1307 $1,549,014,700 $619,605,880 $1,185,168 $474,067 $5,692,319 Agricultural 27 $8,782,100 $2,195,525 $325,263 $81,316 $20,170 Farm 30 $38,775,900 $9,693,975 $1,292,530 $323,133 $89,059 Forest 2 $1,030,900 $257,725 $515,450 $128,863 $2,368 Homestead 1 $169,900 $42,475 $169,900 $42,475 $390 TOTAL 22861 $20,968,706 Assuming no changes in assessment and count, 100% participation 0.25% increase 4.2% homes sold each year $250 per $100,000 Property Rate 2024 2025 2026 2027 2028 Residential Owner Occ 0.9187% $10,125,664 $9,681,741 $9,237,819 $8,793,896 $8,349,973 Residential Owner Occ New 1.1687% $564,724 $1,129,449 $1,694,173 $2,258,898 $2,823,622 Residential Non-Owner Occ 1.1687% $5,845,170 $5,845,170 $5,845,170 $5,845,170 $5,845,170 Commercial & Industrial 1.1687% $7,241,334 $7,241,334 $7,241,334 $7,241,334 $7,241,334 Agricultural 1.1687% $25,659 $25,659 $25,659 $25,659 $25,659 Farm 1.1687% $113,293 $113,293 $113,293 $113,293 $113,293 Forest 1.1687% $3,012 $3,012 $3,012 $3,012 $3,012 Homestead 1.1687% $496 $496 $496 $496 $496 TOTAL $23,919,354 $24,040,156 $24,160,958 $24,281,760 $24,402,561 Increase $2,950,648 $120,802 $120,802 $120,802 $120,802 0.50% increase 4.2% homes sold each year $500 per $100,000 Property Rate 2024 2025 2026 2027 2028 Residential Owner Occ 0.9187% $10,125,664 $9,681,741 $9,237,819 $8,793,896 $8,349,973 Residential Owner Occ New 1.4187% $685,526 $1,371,053 $2,056,579 $2,742,105 $3,427,632 Residential Non-Owner Occ 1.4187% $7,095,528 $7,095,528 $7,095,528 $7,095,528 $7,095,528 Commercial & Industrial 1.4187% $8,790,349 $8,790,349 $8,790,349 $8,790,349 $8,790,349 Agricultural 1.4187% $31,148 $31,148 $31,148 $31,148 $31,148 Farm 1.4187% $137,528 $137,528 $137,528 $137,528 $137,528 Forest 1.4187% $3,656 $3,656 $3,656 $3,656 $3,656 Homestead 1.4187% $603 $603 $603 $603 $603 TOTAL $26,870,002 $27,111,606 $27,353,209 $27,594,813 $27,836,417 Increase $5,901,296 $241,604 $241,604 $241,604 $241,604 32  RESOLUTION 2023-54 Sponsor: Clary A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH SUMNER COUNTY SCHOOLS FOR CITY FIRE DEPARTMENT SERVICES NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby authorizes the Mayor to enter into the Memorandum of Understanding with Sumner County Schools, attached as Exhibit A, a Tennessee Local Education Agency, for fire department services provided by the Hendersonville Fire Department. Adopted this the ____ day of ________________, 2023. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, City Attorney 33  LEGISLATIVE HISTORY Resolution 2023-54 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: December 12th, 2023 Committee Recommendation: BOMA Reading: December 12th, 2023 34 EXHIBIT A 35 36 DATE: December 12th, 2023 ORDINANCE/RESOLUTION # Resolution 2023-54 BOMA is being asked to direct the mayor to sign a SPECIFIC REQUEST/ memorandum of understanding with the Sumner County RECOMMENDATION: School Board. It specifies that the City will provide fire STAFF services to the three Beech schools. REPORT REPORT PREPARED BY: Jamie Clary BACKGROUND: 1 Earlier this year, the city’s insurance carrier re-interpreted the situation of informal agreements between volunteer fire departments and the City. The insurance carrier requested a written agreement between the City and each of the two adjacent volunteer departments. This does not impact the city response for mutual aid as defined in state law. That allows the City to assist in catastrophic incidents while being covered by insurance. The city attorney (in collaboration with our insurer, fire chief, and MTAS) crafted an agreement that was proposed to the Shackle Island and Number One departments. The mayor, COO, and city fire chief met with the chiefs of those departments in early November. Shackle Island’s chief offered a substitute agreement, one written by the City of Goodlettsville. After small changes to the agreements, Number One department signed the agreement. Shackle Island department rejected the very same agreement and re-submitted the Goodlettsville agreement to the City of Hendersonville. Currently we have an agreement to assist Number One Volunteer Fire Department. We do not have an agreement to assist Shackle Island volunteer department. Our fire staff will respond to calls for assistance from Number One but not from Shackle Island. Concerned about the three schools in the Shackle Island service area, the mayor reached out to the director of schools. Again, the City would be covered to assist with those schools if a major event happened. But, for smaller emergencies (such as a grass fire at the school or car accident in the parking lot) we have a gray area. To be sure of insurance coverage during a response, the MOU needs to be accepted by the City. The school board’s attorney developed the MOU. The school board accepted it on Dec. 5, 2023. DISCUSSION: 2 One of the school board members explained this situation best: “If we have an MOU, HFD will respond to emergencies at the schools. If we don’t have an MOU, we assume HFD will respond to emergencies at the schools.” City staff retain the right to determine how many resources to send to emergencies at these schools. The primary restriction will be the need to adequately provide service to the City of Hendersonville. 37  2 FISCAL IMPACT: 3 None. We are not seeking compensation for HFD responses. ADDITIONAL INFORMATION / PHOTOS: 4 N/A ATTACHMENTS: 5 PowerPoint presentation developed by the city’s insurance provider, Public Entity Partners, as presented to the middle Tennessee fire chiefs. 38  Mutual Aid v. Interlocal Agreements Kristin E. Berexa Managing Partner Farrar|Bates|Berexa Phone: (615) 254-3060 Kberexa@fbb.law 39  Interlocal Cooperation Act Tenn. Code Ann. § 12-9-101, et seq. Tenn. Code Ann. § 5-1-113 Law Enforcement Mutual Aid EMS Mutual Aid Agreements Tenn. Code Ann. § 68-140-101 & Tenn. Code Ann. § 6-54-307 Tenn. Code Ann. § 58-8-106 Fire Protection Mutual Aid Agreements Tenn Code Ann. § 6-54-601 40 Mutual Aid and Emergency and Disaster Assistance Agreement Act Tenn. Code Ann. § 58-8-101, et seq. • Covers all types of government services but only in very limited emergencies and disasters. • No written agreement needed because the statute itself acts as the agreement. 41  Routine or Recurring vs. Emergency Disasters • For many years public safety employees have understood that the EDAAA covered all types of mutual aid, both disaster and non-disaster related. Since the EDAAA doesn’t require a written agreement, many cities don’t have written agreements. • The EDAAA only covers events that have been declared a state of emergency or could be declared a state of emergency. • Municipalities need interlocal written agreements for routine or recurring events. 42  Emergency and Disaster Assistance Agreement Act Important Definitions • Assistance (Tenn. Code Ann. § 58-8-102(3)): The provision of personnel, equipment, facilities, services, supplies, and other resources to assist in firefighting, law enforcement, the provision of public works services, the provision of emergency medical care, the provision of civil defense services, or any other emergency assistance one governmental entity is able to provide to another in response to a request for assistance in a municipal, county, state, or federal state of emergency. • Occurrence (Tenn. Code Ann. § 58-8-102(9)): Means the imminent threat of an event or an actual event and its aftermath, whether natural or man-made, that could lead to substantial bodily injury or property damage and that could lead to the declaration of a state of emergency. 43  Parameters of EDAAA • If an incident qualifies under the EDAAA, then the statute allows agencies to share resources without a written agreement. • To qualify, an incident must be a declared state of emergency or fall within the definition of “occurrence.” 44  Parameters of EDAAA Continued • EDAAA requires that every request for emergency and disaster assistance contain the following (to the extent possible): (1) A statement that an occurrence is imminent, in progress, or has occurred. If a declared state of emergency has been made, the statement should give a general description of the occurrence or emergency, including an initial estimate of the damages and injuries sustained or expected; (2) Identification of the service or functions for which aid or assistance is needed and the particular type of aid or assistance needed; (3) The amount of personnel, equipment, materials, and supplies needed; and (4) An estimated time and place for a representative of the requesting party to meet the responding party. 45 Tenn. Code Ann. § 58-8-105(b).  Parameters of EDAAA Continued • Further, every request for assistance shall be confirmed in writing to the responding party or parties within (30) days of the initial request and parties are required o keep records of all requests made for assistance. Tenn. Code Ann. § 58-8-1059(d). • Request for assistance must come through the appropriate official to the emergency communications dispatch center. Tenn. Code Ann. § 58-8-105(a). • For worker’s compensation purposes, employees of the responding party are covered by the responding party's worker’s compensation coverage. Tenn. Code Ann. § 58-8-109(b). • For liability purposes, employees of the responding party are considered employees of requesting party while at the scene or under supervision of the requesting party. Tenn. Code Ann. § 58-8-109(c). • At all other times, including traveling to and from the scene, employees of the responding 46 party remain employees of the responding party. Non-Disaster Related Events of a Recurring/ Routine Need for Sharing of Public Safety Resources Tenn. Code Ann. § 6-54-307 Tenn. Code Ann. § 6-54-601 Tenn. Code Ann. § 12-9-101 ILAs must be endorsed onto policy. Parameters of ILAs 47  So, When is a Written Agreement Required? • When sharing a Law Enforcement Resourced for Recurring Routine or Non-Disaster Related Events: • K-9 Units • SRT • Low-Staffing • Haz Mat Team • Bomb Squad • School or Nursing Home located in one city, but the neighboring city’s fire station is closer. • When a City/Town has decided it does not want to follow all the dictates under the EDAAA during an applicable event. 48  THANK YOU! Kristin E. Berexa Managing Partner Farrar|Bates|Berexa 12 Cadillac Drive, Suite 480 Brentwood, TN 37027 Phone: (615) 254-3060 Fax: (615) 254-9835 Kberexa@fbb.law 49 TO: Board of Mayor and Aldermen I hereby nominate (.\y;, r\es Icav, 5 to serve a 4 ___ year tenn on the lncwnbent's Name: ----------- Oliver Barry Ward: ,11/'A Mayor/Alderman /11/4 Ward IL•'lel·Z) Date 50  HENDERSONVILLE POLICE DEPARTMENT 3 Executive Park Drive-PO Box 541 Hendersonville, Tennessee 37077-0541 Phone (615) 264-5304 James L. Jones Assistant Chief of Police November 07, 2023 SUBJECT: Notification to Civilian Governing Body and Local Community On May 25, 2022, Presidential Executive Order (EO) 14074 “Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety” was signed. In accordance with EO 14074 (Section 12), State, Tribal, local, and Territorial Law Enforcement agencies (LEAs) must: 1) Notify their Civilian Governing Body (CGB) (i.e., City Council, County Government or other local governing body) of its intent to request property from Federal sources (to include Federal funds or grants. 2) Notify the Local Community of its request for property transfers, purchases from Federal funds, agencies or subcontractors (including existing transfer contracts or grants). The Hendersonville Police Department may request any the below controlled property items from the Law Enforcement Support Office (LESO), or other Federal source: This list is for example only, additional types of Controlled Property Description Controlled Property Description items may be available. AIRCRAFT ACCESSORIES, COMPONENTS, MISC AIRCRAFT REPAIR PARTS/COMPONENTS FACEMASK RANGE FINDER, LASER AIRCRAFT, FIXED WING FLASHLIGHTS RANGE FINDER-TARGET DESIGNATOR, LASER AIRCRAFT, ROTORY WING FLOODLIGHT RED DOT SIGHT ALL TERRAIN VEHICLE (ATV) FORWARD LOOKING INFRARED IMAGING SYSTEM RIFLESCOPE AMMUNITION CONTAINER GENERATOR SET SCANNER, X-RAY, BAGGAGE AMPLIFIER GLOBAL POSITIONING SATELLITE (GPS) SEARCHLIGHT ANALYZER, HAZARDOUS MATERIAL IDENTIFICATION HEAVY EQUIPMENT/VEHICLES SHIELD, BALLISTIC ANTENNA INSULATION BLANKET SHIPPING CONTAINER ARMORED VEHICLE LANDING SEARCHLIGHT SIGHT, BORE, OPTICAL BALLISTIC BLANKET LIFE PRESERVER, VEST SIGHT, HOLOGRAPHIC BARRIER, VEHICLE ARRESTING, PORTABLE MAGNIFIER SIGHT, INFINITY BINOCULAR MARKER, IDENTIFICATION SIGHT, REFLEX BLANKETS MARKSMANSHIP TRAINER SMALL ARMS STORAGE RACKS BREATHING APPARATUS MEDICAL/FIRST AID SUPPLIES SPOTTING INSTRUMENT, OPTICAL CAMERA SYSTEM MISC SMALL ARMS PARTS TARGET, TRAINING, MOBILE COMPASS MISCELLANEOUS COMMUNICATION EQUIPMENT TELESCOPE 51 COMPUTER SYSTEM MULTIMEDIA PROJECTION SET TENTS/PORTABLE SHELTERS CONTAINER, AMMUNITION NAVIGATION SET, SATELLITE SIGNALS THERMAL CAMERA CONTAINER, K-9 TRANSPORT NIGHT VISION DEVICE THERMAL CAMERA ACCESSORIES CONVERSION KIT, RIFLE NIGHT VISION GOGGLE TRAINING AID/SIMULATORS COVERALLS NON-ARMORED HMMWV TRAINING AIDES/DEVICES DECONTAMINATION DEVICES OFFICE EQUIPMENT TRANSLATION DEVICE DECONTAMINATION SYSTEM OFFICE SUPPLIES TRUCK, CARGO DEEP WATER FORDING KIT PORTABLE RADIO TRUCK, TANK DETECTOR, GAS PREFAB & PORTABLE BUILDINGS VEHICLE REPAIR PARTS/COMPONENTS DIVER'S SUIT PROTECTIVE EYEWEAR WARM WEATHER CLOTHING/SHOES EXPLOSIVE ORDINANCE DISPOSAL ROBOT PUBLIC ADDRESS SET SMALL ARMS PARTS/ACCESSORIES RADIOS SMALL ARMS Pursuant to EO 14074 (Section 12), this memo fulfills the requirement to notify the Civilian Governing Body (CGB) and Local Community of my agency’s intent to request the controlled property items identified in the list above. Asst Chief James L. Jones James L. Jones Assistant Chief of Police Hendersonville Police Department 52  Hendersonville Metrics November 2023 FINANCE LOCAL SALES TAX REVENUE July - October, 2022 vs. 2023 - 0.78% 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 0.25%, October 2022 vs. October 2023 = $3,979 in growth. October 2023 investment earnings = $114,615 up from $4,350 in October 2022. LOCAL SALES TAX REVENUE July - October, $51,338 from PY 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 2,000,000 1,000,000 - FY 2022 FY 2023 FY 2024 53  LOCAL SALES TAX & PERMIT REVENUE YTD - 4.41% 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 - 11.93% 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 54 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 - NOVEMBER 25,400 20,400 15,400 10,400 5,400 400 FY 2022 FY 2023 FY 2024 YTD FIRE YTD POLICE 55 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 - NOVEMBER 6,000 5,000 4,000 3,000 2,000 1,000 0 FY 2022 FY 2023 FY 2024 YTD Permits YTD Inspections 56 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 60 147% from PY 14 50 12 40 10 30 8 6 20 4 10 2 0 0 FY 2022 FY 2023 FY 2024 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 YTD Residential YTD Commercial Commercial activity is up, residential activity is down, compared to FY23. 57 PARKS Upcoming Events DECEMBER Event Name Location Type of Event December 9 Santa Skate Volunteer Park Hockey Whitten December 9 Breakfast w/ Santa Elementary Community Event December 11 Special Abilities Visit w/ Santa City Hall Community Event December 1 - 31 Festival of Lights Memorial Park Community Event 58 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 $935,762 $1,576,939 17% 28% $4,576,038 $3,974,603 83% 72% Project Expense to Date Project Unspent to Date Project Expense to Date Project Unspent to Date SIGNAL SYNCRONIZATION $201,543 12% $1,550,384 88% Project Expense to Date Project Unspent to Date 59 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 Data Analyst Administrative Services Accountant Finance Part-time Maintenance Worker x 2 Parks Chief of Police Police Department Police Officer Police Department Records Clerk Police Department Project Manager Public Works Traffic Engineer Public Works 60