Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING January 23, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR JIM WATERS, ALDERMAN, VICE-MAYOR BOB GARZA, ALDERMAN MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, 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 The meeting opened with prayer led by Logan Hicks, Pastoral Intern at Bible Baptist. The Pledge of Allegiance was led by Mayor Clary. AGENDA The January 23, 2024, BOMA meeting was called to order by Mayor Jamie Clary. Goodwin moved; Dixon seconded a motion to approve the January 23, 2024, agenda. Dixon asked the Board to acknowledge the two-week rule being waived to present Resolution 2024-09, a resolution to waive 2024 beer permit fees for properties damaged by the December 9, 2023, tornado. It was before the Finance Committee tonight and moved straight to BOMA with a unanimous approval. Clary moved; Sasse seconded a motion to amend the agenda by removing the January 9th, 2024, minutes for clarifications to be made. There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the minutes removed. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE2 The motion to approve the agenda as amended passed unanimously. Clary declared the motion carried. PRESENTATIONS None PUBLIC HEARING There was continuation of 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. Peterson moved; Burgdorf seconded a motion to apply the rules for Citizens Comments to the Public Hearing. There was no discussion, and the motion was declared carried unanimously by Clary. The guidelines for the public hearing were read by Clary. John Prentiss of 111 Airfloat Drive addressed the Board asking the Planning Commission's original version of the Westlake Zoning be passed, as there are existing paths forward for requesting zoning changes. Mr. Prentiss' concerns are density and building height, with height contributing to density. Woods Drinkwater of IO I Spade Leaf Boulevard addressed the Board on behalf of The Grove at Waterford Crossing in favor of the Westlake Zoning Ordinance as presented at the December 12th, 2024, General Committee Meeting making the Waterford Crossing complex Multi-Family Residential (MFR). The MFR zoning would not change density or height and would be consistent with the current use. Barbara Collier of 303 Walton Ferry Road addressed the Board regarding the zoning of the Kinder Heart Academy daycare located at 303 Walton Ferry Road. The Westlake Zoning Ordinance as presented at the January 9th, 2024, BOMA meeting, allows that property to be Neighborhood Commercial, which is still very limited, but does not devalue the property as the Planning Commission's recommendation of the Westlake Zoning. Daniel Schmitt of IO 13 Smokerise Lane addressed the Board regarding 179 West Main Street affected by the Westlake Zoning recommendation stating that the original recommendation from the Planning Commission would affect his business property negatively. He is proposing conditional use for hotels and motels and favors the Zoning Ordinance as presented at the January 9th , 2024, BOMA meeting. MINUTES Removed from the agenda for clarifications to be made and approval be considered at the MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE3 February 13th , 2024, BOMA meeting. CITIZENS' COMMENTS Darlyn Farris of 109 Elissa Drive addressed the Board regarding the TBN property, specifically the former home of Conway Twitty. If the Board approves the construction being requested, she suggests the house be donated to the City to be repaired and made into a museum to preserve the house. She also expressed support for Ms. Collier's request for the rezoning of Kinder Heart Academy daycare. Kay Brooks of 123 Trousdale addressed the Board regarding the Twitty City [TBN] project and expressed her support. The improvements being proposed would bring jobs and housing for the elderly as well as take already stellar audio/visual facilities to the next level. All would bring additional notoriety and potentially draw more like businesses to Hendersonville. Russell Hall of 106 Terry Lynn Drive, TBN Senior Vice-President of Production and 32- year Hendersonville resident, addressed the Board in support of the TBN rezoning request and the commitment they are making to the community. Governor Mike Huckabee provided a statement read by Mr. Hall in favor of the improvements to be made to the property being that Hendersonville is the "perfect home" for the globally broadcast show. Mr. Hall stated that the Mike Huckabee Show produced out of the auditorium at TBN has brought in celebrities and approximately 50,000 guests from 15 plus states in any given audience who spend money in Hendersonville by planning vacations around attending the show, staying at hotels, and eating at local restaurants. Mr. Hall feels the proposal reflects the best use of the property. Tre' Corley of 1505 Newman's Trail, Music Director, and Senior Music Producer for the Mike Huckabee show, 25-year Hendersonville resident and owner along with his brother of Oak Tree Productions, supports the rezoning of TBN. While the production of music is already at a superior level, the rezoning and rebuilding of the property will allow for an even more state-of-the-art facility to showcase the incredible talent that exists in Hendersonville. Craig Pulley of 306 Buckle berry in White House, Production Manager of TBN, addressed the Board with his personal support of the TBN rezoning request. While he doesn't make decisions at the level of senior management, he does sit in on the meetings and sees firsthand the values displayed by TBN and how they approach everything they do. They do everything first class, they are proposing to build a place where people want to live and work and extend the property that neighbors, employees and people surrounding the property will be proud of. TBN is committed to excellence in everything they do. Ben Isaacs of 1980 Shell Road addressed the Board in support of the TBN rezoning. He leases and operates a studio located on the property and the December 9th, 2024 tornado destroyed the building he records and operates out of beyond repair. This zoning would allow a state-of-the-art studio to replace his damaged building. He also shared TBN' s work ethic and their desire to do things in superior fashion. He pledges his support for the requested rezoning. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE4 CONSENT AGENDA Receive and File: FY2023 Annual Comprehensive Financial Report (to be provided under separate cover) Ken Youngstead and Julie Evans of Kraft CPAs addressed the Board with a summation of the FY 2023 Annual Comprehensive Financial Report stating new accounting standards had been adopted which were applied in the audit, all the adjustments were routine, there were clean opinions, the MD&A is the best summary to compare the year over year financials, and staff was great to work with. There were no findings, and the audit was submitted to the Comptroller's Office on time. ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2023-26, an ordinance to amend the Zoning Ordinance of the City of Hendersonville, Tennessee and the accompanying zoning map to establish the Westlake Zoning Districts and associated Zoning Text Amendments; and other miscellaneous Zoning Text Amendments for the City. Collins moved; Dixon seconded a motion to approve Ordinance 2023-26. Clary noted that the Ordinance provided at each Alderman's seat did not reflect the amendment made to it at the January 91\ 2024, BOMA meeting. Clary also noted a conflict of interest as he owns two properties within the area to be rezoned, but he will vote his conscience. Collins moved to add Neighborhood Commercial zoning for the area at Nokes and Walton Ferry, which includes Kinder Heart Academy daycare located at 303 Walton Ferry Road. Clary asked Collins to pause for a moment to hear from Goodwin who may have an amendment in which both items could be addressed. If not, he would return to Collins. There was discussion which included questions to Director Free from Goodwin regarding options to having height reconsidered on a case-by-case basis. Director Free responded that if BOMA so chooses, adding an "X" in Table 1 under Conditional Use for height of a building would a11ow any property in the City a path to increase height and be considered by the Board of Zoning Appeals (BZA). The path does not exist now. Goodwin moved an amendment to Table 1 under Conditional Use, BZA Building Height which would add a pathway to allow a request to the BZA for height increases. This would impact every property in the City. Clary gave the opportunity for Collins and Goodwin to converse to see if their amendments could be combined and accomplish both their goals. Collins moved; Garton seconded an amendment to the motion to add Neighborhood MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGES Commercial to Kinder Heart Academy daycare located at 303 Walton Ferry Road. The Findings and Fact given were that it was consistent with the Land Use Plan, and it will Have a beneficial impact on traffic as it will service those on the peninsula where they don't have to enter Main Street. Martin is in favor of the Neighborhood Commercial zoning for that area as it would benefit both 303 Walton Ferry Road and the property across from them. Burgdorf inquired if there was anything in the current Westlake Zoning Plan that kept anyone from requesting a zoning change to which Director Free responded there was not. There was a seven (7) to six (6) majority vote on Collin's amendment with voting as follows: Aye: Collins, Garton, Garza, Martin, Roberson, Waters, and Clary. Nay: Burgdorf, Dixon, Goodwin, Peterson, Sasse, and Skidmore. Clary declared the motion carried. Clary returned to Goodwin who restated the previous motion made. Goodwin moved; Dixon seconded an amendment to Table 1 under Conditional Use, BZA for Building Height which would add a pathway to allow a request to the BZA for height increases. Roberson shared he was uncomfortable with giving BZA the sole authority to grant variances anywhere in the Westlake Zoning plan. He questioned whether the changes could be limited to one location. City Attorney Lance Wray cautioned against changing just the height and not the use of the hotel. The Legislature has vested power to the Board giving them authority to make zoning decisions. The Planning Commission is administrative and makes recommendations; the Board is legislative and makes decisions. Under similar circumstances, all property owners should be treated the same under the same conditions. The Board cannot be arbitrary or capricious with zoning and use decisions. If a decision is going to be made on one property for reasons that could apply to other properties, there are some considerations that need to be made and thought about because that could be arbitrary and capricious. With the Planning Commission's recommendations, there were three properties that were zoned commercial with the use taken away from the hotel-The Grove at Waterford Crossing, The Point at Waterford Crossing, the Relax Inn hotel and the Kinder Heart Academy daycare. The Westlake Plan does not add density. The apartment complexes and the daycare were zoned Suburban Residential 3 (SR3) by the Planning Commission's recommendation. The Old Town Commercial and Old Town Residential zonings are going away, and something must replace it. The best zoning for the daycare is Neighborhood Commercial and the best for the existing townhomes and apartments is MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE6 Multi-Family Residential (MFR). Spot zoning is not what this is. Spot zoning would be an "up zoning"; an upgrade. These are in the same zone. It would be acceptable to make the hotel use for that property consistent with the Land Use Plan and the Grove consistent with the current zoning. Attorney Wray does not recommend making the height exception for one property. The hotel is already commercial and is staying commercial; the use is what has been taken away with the Planning Commission's recommended zoning. If the Board decides to do what the Planning Commission recommended that could be considered down-zoning. It would be easy to show that property values would be affected. Roberson feels the mayor's changes were equitable, more legally defendable, doesn't create more density, consistent with the Land Use Plan and fair and equitable to all concerned. Dixon was not comfortable with the impact the amendment to the amendment would allow so she withdrew her second which also resulted in Goodwin withdrawing the motion. Goodwin moved; Dixon seconded a motion to amend the Westlake Zoning Plan with a text amendment permitting the use of a hotel only on the property on which it currently exists, [Relax Inn] and to change the zoning of The Grove at Waterford Crossing and The Point at Waterford Crossing to Multi Family Residential. Collins inquired if there was a natural disaster could they rebuild. Attorney Wray responded that each instance would be different as apartments are residential and hotels are commercial. Collins asked for examples of why a rebuild would be needed instead of a remodel or refurbish other than the instances that are covered under natural disasters, fires, and neglect. Attorney Wray responded a rebuild could result from a structure aging and simply becoming old. A hotel can rebuild; they can redevelop but they can't change the use and then go back to a hotel. Skidmore had questions as to where each of the properties were located on the maps provided. Sasse asked for clarification on the zoning in reference to the existing hotel. Director Free clarified that it was currently Old Town Commercial (OTC) which is going away as well as Old Town Residential (OTR) and the Planning Commission recommended General Commercial. Sasse then inquired that since the whether any property zoned General Commercial would be able to have a hotel. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE7 Attorney Wray responded that according to the motion as a pennitted use, no place could have a hotel in the Westlake Plan except where one is located now. Sasse inquired as to how that could be justified. Attorney Wray responded that it is consistent with what the Planning Commission recommends, it is not detrimental to neighbors by keeping the pennitted use there because it is already there; it is no added use to the owner for the same reason. To take the use away could be considered a devaluing of the property or viewed as a regulatory taking as it is not suited for anything other than what is there now. There was a seven (7) to six (6) majority vote with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Roberson, and Waters. Nay: Burgdorf, Martin, Peterson, Sasse, Skidmore, and Clary. Clary declared the motion carried. Clary entertained a motion to take a break as he wished to have a brief discussion with the City Attorney and Planning staff. Burgdorf moved; Dixon seconded a motion to take a five-minute break at 8:40 pm. There was a ten (10) to three (3) vote on the original motion as twice amended with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Roberson, Sasse, Waters, and Clary. Nay: Burgdorf, Peterson, and Skidmore. Clary declared the original motion as amended carried for Ordinance 2023-26 on second and final reading. The caption was read for second and final reading of Ordinance 2023-27, an ordinance amending the Hendersonville Municipal Code Title 12, Chapter 6, to adopt a revised edition of the International Energy Conservation Code; and amending Title 12, Chapter 2, to adopt amendments to the International Residential Code. Goodwin moved; Garza seconded a motion to approve Ordinance 2023-27. There was no discussion. There was a unanimous vote to approve Ordinance 2023-27 on second and final reading. Clary declared the motion carried. The caption was read for second and final reading of Ordinance 2023-28 an ordinance amending Budget Ordinance 2023-11 for appropriations to repair certain City property damaged by tornado. · MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE8 Peterson moved; Sasse seconded a motion to approve Ordinance 2023-28. Without objection, Peterson was added as a co-sponsor. There was no discussion. There was a unanimous vote to approve Ordinance 2023-28. Clary declared the motion carried. The caption was read for first reading on Ordinance 2024-01, an ordinance rezoning 32.37 acres Jocated at OMusic Village Boulevard, on the south side of East Main Street between Bluegrass Commons Boulevard and Caudill Drive, and approving the TBN Music City Preliminary Development Plan to govern the development of said property. Martin moved; Waters seconded a motion to approve Ordinance 2024-01. Martin stated that the rezoning was moved forward to BOMA from the General Committee with a positive recommendation. Garton inquired about the addendum reducing the number of cottages from 96 to 90 to make room for the mansion which TBN is going to keep and restore. Without objection, the rules were suspended to hear from Mr. Frank Amedia, President & CEO of Trilogy Asset Investments which is the real estate division of TBN, to comment on the addendum. He verified that TBN was going to restore the mansion and use it for a management office, visiting nurse and community center. Mr. Amedia also stated he has been in conversation with Joni Jenkins, Conway Twitty's daughter. Waters expressed concern that changing the zoning would increase density and make that area high density. He posed the question to Director Free who responded that current zoning is SRl and the rest of it is Office Planned Development. The proposed zoning is to go to SRl Planned Development and Office Planned Development. The independent living would be in office zoning but would have more residential density than it currently has now. The memory care and assisted living facilities would be closer to high density whereas the villas and duplexes would be more closely related to medium density. Waters also inquired to Director Free as to whether this rezoning would further impound the traffic light at Winston Hills and Bluegrass Commons to which Free responded that as Office Planned Development it could result in quite a bit more traffic than the proposed development. The proposed development would generate more traffic than is on the site now. Director Free clarified the number of units in the proposed development as having 90 villas, 58 assisted living units and 22 memory care units. Mr. Al media further explained that the mission of TBN is the Gospel of Jesus Christ and to serving people. They recognize there is a lot of need for independent senior living that co- MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE9 mingles with assisted living and memory care. Memory care is the final stage explaining that memory care residents will stay in a facility with 24-hour care. Mr. Almedia continued to respond to Waters' questions concerning memory care and what that entails by explaining that the stages of independent living, assisted living and memory care enable couples to remain in the same community even if they need different levels of care. Waters inquired as to whether there were any similar facilities in Hendersonville that offered this kind of care. Director Free and Mayor Clary explained that there were individual facilities within the City that offered the different kinds of services for care, but not on the same property as the proposed plan by TBN. Without objection, the rules were suspended to hear from Kennedy Adams with Kimley- Horn who conducted the traffic study. Without objection, the rules were suspended to hear from Bruce Raley, Sr. Associate Pastor of First Baptist Church Hendersonville. Mr. Raley stated that First Baptist has been in communication with TBN for quite some time as they are neighbors and have had a great relationship with them for several decades. While unable to speak on behalf of the church as they have not voted on it yet, Mr. Raley has heard no negativity in supporting TBN's improvements which have been shared with the Deacons and Administrative Team. First Baptist will be making their recreational facilities available to residents of the TBN property free of charge and will help provide transportation for them. Burgdorf inquired the status of the Certificate of Need (CON) to which Mr. Amedia responded that will not be required for the independent living. He clarified they were not a nursing home and the CON would not be required for the assisted living or the memory care. Without objection the rules were suspended to hear from Greg Tidwell, architect and land planner for the project in response to Skidmore's inquiry regarding the potential height request. Mr. Tidwell explained there was some grade for the assisted living and the memory care facilities. The two-story building(s) may need a daylight basement level added to transition grade. Peterson addressed Mr. Amedia regarding the number of jobs the project would bring. Mr. Amedia shared that there would be direct hires of 100-150 professional jobs and all the support staff that goes with that would conservatively translate into 300 jobs. Collins inquired the cost of the rent for independent living as well as would the facility be open to the community. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGEl0 Mr. Amedia stated that rent wouJd be variabJe depending on the amenities that were chosen. Rent for a couple would start around $2,000.00 and could go up to $5,000.00 depending on what services were chosen to be utilized. The facilities would be open to the general community as TBN is here to serve and minister to the community. They are not concerned about filling to capacity immediately. They are going to take their time as care is their goal. Mr. Amedia stated that the mansion would be used for offices for staff to receive intakes, those wishing to come see the community, for the visiting nurse, prayer room, and several other uses. There is still quite a bit of things being worked out in restoration of the home such as installation of an elevator and making the building ADA compliant. Collins requested that, if possible, it would be nice to have the property available to the community at Christmas time as it has been such a staple of celebration in the past. Collins questioned the priority of what would be built first to which Mr. Amedia responded the desperate need for offices for current existing staff and the extension of the auditorium. The second thing to be addressed is the infrastructure and thirdly would be the independent living and amenities. Collins moved; Garza seconded a motion to amend Ordinance 2024-01 by adding the addendum included in the January 9th , 2024, BOMA Agenda Packet on pages 692-697 and adding language to number 4 stating "Following 100% completion of the restoration of the mansion, construction of the west portion of the independent living cottages and amenities." The Twitty Bird logo and the Hello Darlin' wall uses are being investigated by Joni Jenkins daughter of Conway Twitty regarding the rights and ability for TBN to use those as planned. Collins and Garza's motion was restated to amend Ordinance 2024-01 by adding the addendum included in the January 9th , 2024, BOMA Agenda Packet on pages 692-697 and adding language to number 4 stating "Following substantial completion of the restoration of the mansion, construction of the west portion of the independent living cottages and amenities." Dixon moved; seconded by Roberson with an amendment to the amendment accepting the addendum included in the January 9th , 2024, BOMA Agenda Packet on pages 692-697 and striking the subordinate clause. There was continued discussion. The amendment to the amendment passed with a majority vote of eleven (11) to two (2) with voting as follows: Aye: Burgdorf, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, and Waters. Nay: Collins and Clary. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 11 Clary declared the motion carried. Collins and Garza's motion to amend Ordinance 2024-01 by adding the addendum included in the January 9th, 2024, BOMA Agenda Packet on pages 692-697 was voted on. There was a majority vote of twelve (12) to one (1) with voting as follows: Aye: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, and Clary. Nay: Waters Clary declared the motion carried. Roberson ca11ed the question. Attorney Wray stated that since this was not approved by the Planning Commission this ordinance would require the majority of members ' votes which would be seven (7). Clary stated an abstention tonight would be considered as a "no" vote. Attorney Wray agreed. There was a unanimous vote on the original motion as amended. Clary declared the motion carried. The caption was read for Resolution 2023-48, a resolution authorizing Silver Fox Stitches, LLC/Elizabeth Storm to use the City's logo on items produced for resale. Sasse moved; seconded by Garza to approve Resolution 2023-48. There was discussion. Clary moved; Garza seconded a motion to amend Resolution 2023-48 by setting a fee of 3.5% net to be paid to the City. Ms. Storm was amenable to those terms. Attorney Wray stated that if the Board gives its approval for the fee resolution it will be on the condition that a contract will be entered into with Silver Fox Stitches and that contract will have to be executed before any items can be made. There was a unanimous vote for the amendment. Clary declared the motion carried. Garton had several questions regarding other potential businesses and how they would be handled when they requested use of the City's logo. Attorney Wray recommended that they be handled on a case-by-case basis. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 12 Peterson inquired what vendors were currently being used for City employee apparel and whether Silver Fox Stiches could be used to supply the employee uniforms. Clary stated there were at least three vendors currently being used. Ms. Storm said she could absolutely do the employee uniforms. Collins expressed concern of how this was in the best interest of the City. Peterson explained that it benefits the City as they get to sell merchandise with the logo and it will be readily available. Collins requested of Eckenroth that a policy be developed. Eckenroth stated he would work with Attorney Wray and bring a policy forth to BOMA for approval. Attorney Wray suggested that the contract with businesses using the logo include the City can terminate the contract at any time, the use is non-assignable, the fee for everyone is 3.5% net, and the City has discretion to approve or deny the use of the logo. He suggested there be a term on the contract as well. Sasse moved; Martin seconded a second amendment to Resolution 2023-48 of establishing a term of two years for the business to use the logo. There was a unanimous vote for the second amendment. Clary declared the motion carried. There was a unanimous vote to approve Resolution 2023-48 as twice amended. Clary declared the motion carried. The caption was read for Resolution 2024-02, a resolution to name the city dog park at Memorial Park "Samson's Dog Park". Roberson moved; seconded by Peterson to approve Resolution 2024-02. Without objection, Goodwin will be added as a sponsor. Without objection Donna Frost, advocate for the Sumner County Humane Society addressed the Board with a brief history of Samson's story as he was deemed the mascot of the Humane Society for thirteen years. Without objection, Peterson and Garton will be added as sponsors. There was a unanimous vote to approve Resolution 2024-02. MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 13 Clary declared the motion carried. The caption was read for Resolution 2024-04, a resolution authorizing the Handmade Market to renew its use of the grounds of City Hall for its market activities. Roberson moved; Peterson seconded a motion to approve Resolution 2024-04. Garton had several questions relating to the vendors and whether they had business licenses, were paying taxes on the sales made at the Handmade Market, what were the vendors being charged and whether the $200.00 fee was enough. Clary stated that we were not auditing the vendors but instead just entering an agreement with this one company, who is licensed in Hendersonville. Clary stated all Garton's questions were good and could be used to reevaluate things for next year in the fourth year of Handmade Market's agreement with the City. There was a unanimous vote to approve Resolution 2024-04. Clary declared the motion carried. The caption was read for Resolution 2024-09, a resolution to waive 2024 beer permit fees for properties damaged by the December 9, 2023, tornado (Subject to approval by the Board, pursuant to Ordinance 2002-12). Skidmore moved; Sasse seconded a motion to approve Resolution 2024-09. Skidmore called the question with a second from Roberson. Clary explained that with a two-thirds vote, there would be no debate and the vote would proceed. Skidmore withdrew the call to question. Without objection, Dixon was added as a sponsor. There was a unanimous vote to approve Resolution 2024-09 with Goodwin absent for this one vote. Clary declared the motion carried. OTHER AGENDA ITEMS None MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 14 REPORTS Brief Committee Reports Finance-Dixon • Met January 23 rd , 2024, with all committee members present. • 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 2-1 with a positive recommendation to BOMA. • Discussed Resolution 2024-05, a resolution pledging to freeze property taxes for a period of 4 years upon voter approval of referendum to increase local option sales tax on one-half (1 /2) penny per dollar. Passed unanimously to BOMA for consideration. • Discussed Resolution 2024-09 a resolution to waive 2024 beer permit fees for properties damaged by the December 91\ 2023, tornado. The two-week rule was waived and sent to BOMA on January 23 rd , 2024. • Kraft CPAs presented the financial report. • Amendment to the Finance Agenda adding the County Legislative Chairman Commissioner Mansfield to discuss the Library and share his concerns with how the resolution put into place in 2015 is vague. The County Legislative Committee would like to make some changes. Details will be coming forward soon. Public Works-Skidmore • Met January 23 rd , 2024. • Discussed Resolution 2024-06, a resolution to accept the completed streets in Durham Farms Phase 1, Section 16, Phase 3, Section 28A and Phase 3, Section 29. • The Trash Collection Update and Bids will be discussed tomorrow, January 24th , 2024, at 5 :30 pm. • Other agenda items will be reported with the February report. Capital Projects-Roberson • There will be a Capital Projects Committee meeting tomorrow, January 24 th , 2024, at4:00 pm. BOMA Report-Eckenroth • Report included in the packet. Upon motion by Sasse and second by Peterson there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned. The meeting was adjourned at 10: 16 p.m.