Muyni
← Back to Hendersonville

Board of Mayor & Aldermen

Regular Meeting

Hendersonville, TN · February 13, 2024

AgendaMinutes

Minutes

MINUTES OF REGULAR MEETING FEBRUARY 13, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING February 13, 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 JANNA GARTON, ALDERMAN TERRI GOODWIN, ALDERMAN LEEPETERSON, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: ALDERMEN KAREN DIXON, MICHAEL MARTIN, EDDIE ROBERSON, AND JEFF SASSE. The meeting opened with prayer led by John McClendon, Senior Pastor of God Why Church. The Pledge of Allegiance was led by Mayor Clary. AGENDA The February 13, 2024, BOMA meeting was called to order by Mayor Jamie Clary. Garza moved; Skidmore seconded a motion to approve the February 13, 2024, agenda. There was no discussion. There was a unanimous vote to approve the agenda. Clary declared the motion carried. PRESENTATIONS Fire Chief, Scotty Bush was recognized for his accomplishment of recently completing the National Fire Academy's Executive Fire Officer Certification. Only 76 individuals in the State of Tennessee hold this certification. MINUTES OF REGULAR MEETING FEBRUARY 13, 2024 PAGE2 Chief Bush stated this opportunity enables him to pass knowledge on to his staff and future leaders of the Fire Department. The participation in the program offered opportunity to meet people from all over the country. He encourages others to participate in the program as it has valuable content. He expressed appreciation for support he received from COO Eckenroth and Mayor Clary as well as his significant other, Ms. Rogan who encouraged and motivated him when things got tough. PUBLIC HEARING None MINUTES Goodwin moved; Collins seconded a motion to approve the January 9, 2024, and the January 23, 2024, minutes. There was no discussion. There was a unanimous vote to approve both minutes. Clary declared the motion carried. CITIZENS' COMMENTS Clary read the guidelines for Citizens' Comments. Pat Collins of 139 Chirac Road, addressed the Board regarding upcoming elections in Tennessee. Sumner County early voting will be held at the Hendersonville Church of Christ, February 14, 2024 to February 27, 2024, from 10:00 am - 6:00 pm. Early voting at Gallatin Church of Christ will be Monday through Friday from 8:00 am - 4:30 pm and two Saturdays, February 17, 2024, and February 24, 2024, from 9:00 am - 12:00 pm. Sumner County will utilize new machines this year housing a new feature called "voter verified paper trail", likened to an adding machine tape, of votes made so voters can visually see who they casted votes for . This is an additional measure that secures voter integrity. Larissa Moore of 107 McBratney Drive addressed the Board with her suggestion that the process of Codes letters sent out to individuals be re-examined and changed. She added it was hard to trust the Board leading the City if the process of issuing a letter could not be changed. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for Resolution 2024-06, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 1, Section 16, and Phase 3, Sections 28A and MINUTES OF REGULAR MEETING FEBRUARY 13, 2024 PAGE3 29 in Hendersonville, Sumner County, Tennessee. Waters moved; Skidmore seconded a motion to approve Resolution 2024-06. There was no discussion. There was a unanimous vote to approve Resolution 2024-06. Clary declared the motion carried. OTHER AGENDA ITEMS Mayor Clary brought forth a recommendation and nomination of Jim Jones for Chief of Police. Mayor Clary stated Chief Miller would be retiring in March. He summarized the selection process noting thirty-plus (30+) applicants were clarified by the HR Department. Of the top six (6) candidates interviewed by Mayor Clary, COO Jesse Eckenroth, and individuals outside of the City of Hendersonville, Jim Jones received the nomination. Waters offered positive comments on Jones' career with serving the City for the past 38 years. There was a unanimous vote to approve the nomination. Clary declared the motion carried. Jones stated it was an honor to be chosen as the next Chief of Police for the City of Hendersonville. He recognized his wife Linda for her support throughout his entire career and the confidence of the Mayor and the Board in him to lead the Police Department. He shared he was excited to continue to move the City forward. REPORTS Brief Committee Reports General-Peterson-Report given by Administrative Services Director Jason Gallo • Peterson offered congratulations to Chief Jones on his appointment. • Peterson noted that the Codes letter process was discussed, and the City Attorney is looking into the verbiage and the process. The resident has been invited back to the March General Committee meeting for further discussion. • Met February 13, 2024 . • Discussed Ordinance 2024-02, an ordinance amending the Hendersonville Municipal Code, Title 14 establishing impact fees for the City of Hendersonville. Approved unanimously. • Discussed Ordinance 2024-03, an ordinance rezoning 6.59 acres located at 240 Innovation Way, east of New Shackle Island Road and south of Volunteer Drive MINUTES OF REGULAR MEETING FEBRUARY 13, 2024 PAGE4 from Industrial to General Commercial, and approving the Futbol5 General Commercial Comprehensive Development Plan to govern the development of said property. Approved with reservations. A traffic study may be needed. • Discussed Resolution 2024-07, a resolution amending the Job Classification List and Pay Table. Passed unanimously. • Discussed Resolution 2024-08, a resolution to consider pursuing the establishment of a solid waste transfer and reclamation facility to be located on South Center Point Road. Approved unanimously with reservations concerning traffic and the impact .on the surrounding neighborhoods and wards. • Discussed Resolution 2024-10, a resolution approving the city employee suggestion program and employee recognition program. Approved unanimously. • Discussed Resolution 2024-11, a resolution adopting the Sumner County Hazard Mitigation Plan. Approved unanimously. • Discussed of Resolution 2024-12, a resolution amending certain fees to be collected by the Planning Department for various charitable and religious purposes. Approved unanimously. • Discussed amending the Hendersonville Municipal Code Title 2, Chapter 1, Section 2-101, relative to appointing members to various boards and commissions. Deferred until the next meeting. Public Safety-Goodwin • Met February 13, 2024. • Discussed HFD applying for an AFG. Passing to BOMA with a positive recommendation. • Discussed changes at Country Hills Golf Course operations during snow. Planning-Martin-Director Keith Free gave report in Martin's absence. • Recommended Approval of the following FLUTP Amendments/ Rezoning: Futbol5 FLUTP Amendment Futbol5 CDP (Vote of 7-1) • Approved the following Site Plans: Jen Hill Construction Detached Addition Site Plan Little Sunshine's Playhouse Site Plan Sentry Steel Site Plan • Street Acceptance Approved by Planning Commission Resolution 2024 01: Durham Farms Phase 1 Section 16 Street Acceptance Resolution 2024 02: Durham Farms Phase 3 Section 28A Street Acceptance Resolution 2024 03: Durham Farms Phase 3 Section 29 Street Acceptance Capital Projects-Roberson • Report will be on the February 27, 2024, BOMA agenda. BOMA Report-Eckenroth • Report included in the packet. • Congratulations to Chief Bush for his most recent accomplishments in his pursuit of excellence. • Congratulations to Chief Jones on his appointment as Chief of Police. MINUTES OF REGULAR MEETING FEBRUARY 13, 2024 PAGES • Explained changes in recruitment process as external applicants were sought for the Chief's position as well as other recent hirings. External recruitment is a bit unusual, but the search was for someone who was best for the City of Hendersonville. That was found in Chief Jones. The pool of applicants, all great candidates, was narrowed down to six (6) from across the nation. The interviewers outside of the City were all impressed with Chief Jones and his experience. • Brief discussion and attention were drawn to each of the reports provided in the packet. Clary noted two (2) considerations of reappointments to be on the February 27, 2024 agenda. Upon motion by Goodwin and second by Burgdorf, there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned. was adjourned at 7:43 p.m. Ap roved: Jamie Clary, Mayor ,i' ( ?

Agenda

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN February 13th, 2024, 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. Recognition of Fire Chief, Scotty Bush IV. Public Hearing V. Minutes A. Approval of the January 9th, 2024, meeting minutes 3-11 B. Approval of the January 23rd, 2024, meeting minutes 12-26 VI. Citizens’ Comments VII. Consent Agenda VIII. Ordinances and Resolutions Roberson 1. Reading of Resolution 2024-06, a resolution accepting the dedication of the 27-40 completed streets in Durham Farms, Phase 1, Section 16, and Phase 3, Sections 28A and 29 in Hendersonville, Sumner County, Tennessee IX. Other Agenda Items 2. Chief of Police Nomination X. Reports 3. Brief Committee Reports: 1. General – Peterson 2. Public Safety – Goodwin 3. Planning – Martin 4. Capital Projects – Roberson 4. BOMA Report 41-48 XI. Adjournment 1 Information Re: Board/Committee Nominations for Next Agenda A. Consideration of the reappointment of Steve Gregory to the Citizen’s Stormwater Appeals Board B. Consideration of the reappointment of Jim Thompson to the Historic Zoning Commission 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 JANUARY 9, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING January 9, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT: JAMIE CLARY, MAYOR BOB GARZA, ALDERMAN MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEE PETERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT: JIM WATERS, ALDERMAN, VICE- MAYOR; EDDIE ROBERSON, ALDERMAN The meeting opened with prayer and the Pledge of Allegiance led by Alderman Jeff Sasse. AGENDA The January 9, 2024, BOMA meeting was called to order by Mayor Jamie Clary. Garton moved; Skidmore seconded a motion to approve the January 9, 2024, agenda. Dixon moved; Garton seconded an amendment to apply the guidelines for Citizens Comments to the Public Hearing. There was no discussion. There was a unanimous vote to approve the amendment. Clary declared the motion carried. Collins moved approval to waive the two-week rule for Items #3, #4, and #5. Clary explained since those items were on the agenda, an acknowledgement of the waiver is all that was needed. 3 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 2 There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. PRESENTATIONS There were presentations from HolidayFest. Larry Phillips presented the awards to the winners of the Cindy Lu Who Essay Contest who wrote about kindness. Those winners were as follows: Fourth Place Honorable Mention: Brinley Falace-Liberty Creek Third Place: Ivy and Natalia Jane-William Burris Elementary Second Place: Holland Merrick-Nannie Berry Elementary First Place: Neyland Sisco-Walton Ferry Elementary The Sleigh Bells Ring Christmas Parade Awards were as follows: Third Place: Masters School of Gymnastics-Hendersonville Second Place: Hickory Hills Alzheimer Special Care Center First Place: Women Supporting Women in Middle Tennessee The Best Performance-Hawkins Middle School Cheerleaders The Boat Parade Awards were as follows: Fourth Place: Jeff and Myrna Bachuran Third Place: Matthew Dunn Second Place: Ron and Wendy Wills First Place: Laura Trantham-TNT Water Sports There was a presentation of the Festival of Lights Awards by Kathy Paschal of the Beautiful Hendersonville Committee. The winners were as follows: Reason For the Season-Floyd and Barbara Duvall-104 Natchez Drive Traditional-James and Stephanie McCrary-115 Timberline Drive Best Overall-Michael and Leslie Willis-111 Laurens Way North Most Animated-Mike and Sandra Grogg-176 Luna Lane Honorable Mention- Allen and Stacey McGhan-535 Shute Lane Neighborhood Harmony-Wyncrest There was a presentation by Robyn Yang, Public Affairs Specialist with the Small Business Administration (SBA) regarding impacts of the December 9, 2023, tornado. Ms. Yang shared valuable information regarding the role of the SBA in disaster relief. She highlighted several loan options the SBA offers to homeowners, business owners, renters, and non-profit organizations. They assist with uninsured and under-insured losses. Ms. Yang explained the various types of loans the SBA offers, the interest rates and the corresponding potential amounts of award. She emphasized that FEMA applications should be submitted first as they may offer grants, then SBA applications second which may be 4 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 3 filled out online at sba.gov/disaster or in person at the temporary local office located at the Hendersonville Chamber of Commerce. 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. The guidelines for public comments were read by Clary. John Prentiss of 111 Airfloat Drive addressed the Board asking the Hendersonville Regional Planning Commission’s (HRPC) original version of the Westlake Zoning be passed, not the version to be voted on at tonight’s meeting. The biggest concerns for the peninsula is density, high rises, and hotels. Nathan Green of 167 Water’s Edge Lane addressed the Board regarding the original HRPC’s version of Westlake Zoning, echoing Mr. Prentiss desire to have that version approved as opposed to the version up for a vote tonight. Woods Drinkwater of 101 Spade Leaf Boulevard addressed the Board on behalf of The Grove at Waterford Crossing in favor of the latest version of the Westlake Zoning. Ingrid Korgemagi of 410 Archer Way addressed the Board and spoke in opposition of the zoning changes, specifically the allowance of up to a 45 ft. high structure to potentially be built. MINUTES Sasse moved; seconded by Peterson to approve the December 12, 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 No one signed up to speak during Citizen Comments. CONSENT AGENDA None 5 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 4 ORDINANCES AND RESOLUTIONS The caption was read for first reading 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. Clary noted a conflict of interest as he owns two properties within the area to be rezoned, but he will vote his conscience. Collins moved; Garza seconded a motion to approve Ordinance 2023-26. There was discussion in which Director Free explained Ordinance 2023-26. The Future Land Use Plan (FLUP) was adopted last year by the Planning Commission. The Zoning Ordinance changes are supported by the FLUP. When the Zoning Ordinance came to General Committee, there were questions such as will it create more density? No, it will not. It will in fact decrease potential of higher density residential development and more intense commercial development in general. One proposal that came out of the General Committee as a change to the zoning was the Waterford Crossing/Waterford Point area be changed to Multi-Family zoning from SR3. These are relatively similar in that under Old Town Residential (OTR) what is developed out averages approximately 14.5 units per acre. Multi-Family zoning under the new zoning allows approximately 15 units per acre. The property on which Kinder Heart Academy daycare resides, would be non-conforming based on the Planning Commissions recommended zoning. The proposal is to change it from SR3 to neighborhood commercial. The height of hotels was limited to two stories within an area bounded between Sanders Ferry Road and Walton Ferry Road and from Cages Road to Main Street. Under the HRPC original zoning recommendations, hotels would not be allowed. In the proposed zoning ordinance, the zoning would change to General Commercial in which hotels would be allowed with heights up to 45 feet. What came out of the General Committee proposed to eliminate limitations on hotels. Director Free feels with the proposed plan there will be more re-investment in current homes as SR3 areas will provide more protection for the single-family homes. They will be able to grow within the character of the existing area. The proposed plan does not increase residential development, it adds additional protection. The OTR change a couple of years ago reduced the number of units from 15 to 5. The proposed zoning changes further protects and reduces growth, specifically in the SR3 areas from impacts that could come from substantial growth. Traffic will be impacted as growth occurs, but in a lower-impact way that is more fitting within the area. 6 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 5 Attorney Lance Wray noted that The Grove and The Point which are already multi-family, developed and fully used were affected by the Planning Commisssion’s blanket change from OTR to Suburban Residential. Adjacent to that there are some properties that have not been developed and requests came in for those to be made multi-family as well. Due diligence was done and if properties already completely developed were to be changed to SR3 it may not be appropriate to do so. One of the purposes of the Comprehensive Zoning Ordinance is to eliminate non-conforming properties, which are those that have been “grandfathered” in. The same applies to the daycare property. These two changes would not change density and is more consistent with the land use plan. The current OTR is going away. It being currently fully developed, it needs zoning. The next closest thing is Multi-Family Residential. The City met with attorneys and the property owners and all felt like the proposed changes were appropriate. Attorney Wray recommends if the ordinance passes on first reading, and there are changes made to the plan by BOMA, it should go back to the Planning Commission between the first and second reading. Martin questioned why some of these items were not addressed at the time the Planning Commission was developing the zoning and then came up after going to General Committee. Dixon commented that the Westlake Plan never came to BOMA in the first place and now it’s being amended. She recommended to cluster the topics so each thing could be broken out. That means there wouldn’t be a vote tonight. Martin moved; Peterson seconded an amendment to Ordinance 2023-26 to accept the original Planning Commission recommendation before it went to General Committee with the exception of removing the reclamation facility text. Clary expressed concern that if the ordinance did not pass, he’s not sure the City could withstand the legal implications. Martin was in favor of Collins’ suggestion to include the daycare property to be Neighborhood Commercial and moved to change his motion. Peterson rejected the change. Martin withdrew his motion to change. Collins moved; Sasse seconded an amendment to Martin’s amendment to Ordinance 2023- 26 to include the daycare property to be Neighborhood Commercial. Goodwin expressed concern about picking and choosing certain properties within the plan and where would that stop. Collins and Sasse withdrew the motion to amend the amendment. 7 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 6 Martin and Peterson’s motion to amend Ordinance 2023-26 to accept the original Planning Commission recommendation before it went to General Committee with the exception of removing the reclamation facility text was discussed. There was majority vote of eight (8) to three (3) approving the amendment with voting as follows: Aye: Burgdorf, Collins, Dixon, Garza, Martin, Peterson, Sasse, and Skidmore Nay: Garton, Goodwin, and Clary. The Public Hearing on Ordinance 2023-26 will be continued at the next BOMA meeting. Clary moved; Garza seconded a second amendment to Ordinance 2023-26 to designate the daycare lot Neighborhood Commercial (going from SR3 to NC) and for the Relax Inn property, alter a note in the text to have hotels as an allowable use and exclude the property from the limit of hotels and the height requirement. Findings and fact to base this amendment on include by not changing the current future uses there is no detrimental impact on nearby properties, it is consistent with the spirit of the land use plan and the mission of the Westlake area, and it is not anticipated that the impact of the traffic would be significant. If this amendment passes, the plan will be to send it back to the Planning Commission to consider these two items on February 6th, 2024, to come back to BOMA on February 13th, 2024 for second reading. Skidmore called the question on the amendment but took his call back as there was one person left to speak in the cue. The second amendment failed two (2) to nine (9) with voting as follows: Aye: Garza and Clary Nay: Burgdorf, Collins, Dixon, Garton, Goodwin, Martin, Peterson, Sasse, and Skidmore There was a unanimous vote on the original motion as amended. Clary declared the motion carried. Dixon moved; seconded by Garza to take a ten-minute break at 9:12 pm. There was a unanimous vote to approve the motion for a break. Clary declared the motion carried. The caption was read for first 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. 8 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 7 Sasse moved; Garza seconded a motion to approve Ordinance 2023-27. There was no discussion. There was a unanimous vote to approve Ordinance 2023-27. Clary declared the motion carried. The caption was read for first reading of Ordinance 2023-28, an ordinance amending Budget Ordinance 2023-11 for appropriations to repair certain City property damaged by Tornado. (Subject to approval by the Board, pursuant to Ordinance 2002-12) Sasse moved; Garza seconded a motion to approve Ordinance 2023-28. There was a brief discussion. There was a unanimous vote to approve Ordinance 2023-28. Clary declared the motion carried. The caption was read for Resolution 2024-01, a resolution to waive permit fees for properties damaged by the December 9, 2023, tornado (Subject to approval by the Board, pursuant to Ordinance 2002-12) Goodwin moved; Dixon seconded a motion to approve Resolution 2024-01. Without objection the following were added as sponsors: Burgdorf, Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Sasse, and Skidmore. There was a unanimous vote to approve Resolution 2024-01. Clary declared the motion carried. The caption was read for Resolution 2024-03 authorizing the planning department to create a sign grant program for Westlake plan area (Subject to approval by the Board, pursuant to Ordinance 2002-12). Peterson moved; Goodwin seconded a motion to approve Resolution 2024-03. Without objection, Garza was added as a sponsor. There was a unanimous vote to approve Resolution 2024-03. Clary declared the motion carried. 9 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 8 OTHER AGENDA ITEMS None REPORTS Brief Committee Reports General-Peterson-Report given by Jason Gallo • Met January 9th, 2024. • Discussed Ordinance 2024-01, an ordinance rezoning 32.37 acres located at 0 Music 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. The Planning Commission had a split decision of four (4) to four (4). General Committee approved moving it forward to BOMA. • Discussed Resolution 2023-48, a resolution authorizing Silver Fox Stitches, LLC/Elizabeth Storm to use the City’s logo on items produced for resale. Referred to BOMA for discussion of fees and compensation. • Discussed Resolution 2024-01, a resolution to waive permit fees for properties damaged by the December 9, 2023, tornado. Moving forward to BOMA with a positive recommendation. • Discussed Resolution 2024-02, a resolution to name the City dog park at Memorial Park “Samson’s Dog Park”. Unanimously approved to move forward to BOMA. • Discussed Resolution 2024-03, a resolution authorizing the Planning Department to create a sign grant program for Westlake Plan area. Moving forward to BOMA. • Discussed Resolution 2024-04, a resolution authorizing the Handmade Market to renew the use of the grounds of City Hall for its market activities. Approved to move forward to BOMA. • Connect Lance with the Planning Department to review a letter. Planning-Martin • Met January 2nd, 2024. • Approved the Development Plans for Glen Oak Commons Retail – FDP Add-Use (Recreational Training School) • Approved the Bellsford Landing Phase 1 – Final Plat • Moving forward to General Committee / BOMA is TBN Music City – PDP (negative recommendation – tied 4-4-0). They want to add an assisted living facility (22 memory care units; 58 assisted care units) • There has been discussion on ways to keep Twitty City alive. Twitty Bird and the brick wall will remain. • They will share parking with First Baptist Church. 10 MINUTES OF REGULAR MEETING JANUARY 9, 2024 PAGE 9 Finance-Dixon • Met January 9th, 2024, for a Special-Called Finance Committee meeting. • Discussed Ordinance 2023-28, an ordinance amending Budget Ordinance 2023-11 for appropriations to repair certain City property damaged by tornado. Passed unanimously. BOMA Report-Eckenroth • Graphs in packets were briefly discussed. • Pictures were shown of other agencies’ assistance to the City after the tornado. Much appreciation to those that assisted and supported in the days after the tornado. • Casey LaMarr was given the floor to announce the launch of the new City website on January 10th, 2024. • Bradford-Berry house update: o Trees were removed off the house today (1/9/2024). o The tarp will be replaced next week. o The windows have now been boarded. o The downed trees may be a mid-year budget adjustment. • The ability to accept online applications for permits is approximately six months out. • Hometown Jam-Hendersonville Rising-A benefit for businesses and Parks in the City of Hendersonville January 30th, 2024. Upon motion by Collins and second by Garza there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned. The meeting was adjourned at 9:48 p.m. Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 11 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 LEE PETERSON, 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. 12 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 2 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 101 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 1013 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 13 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 3 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 Buckleberry 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. 14 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 4 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 9th, 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 allow 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 15 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 5 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 16 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 6 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. 17 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 7 Attorney Wray responded that according to the motion as a permitted 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 permitted 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. 18 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 8 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 located at 0 Music 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 SR1 and the rest of it is Office Planned Development. The proposed zoning is to go to SR1 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. Almedia 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- 19 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 9 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. 20 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 10 Mr. Amedia stated that rent would be variable 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. 21 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 called 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. 22 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. 23 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 24 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 14 REPORTS Brief Committee Reports Finance-Dixon • Met January 23rd, 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 9th, 2023, tornado. The two-week rule was waived and sent to BOMA on January 23rd, 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 23rd, 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 24th, 2024, at 4:00 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. 25 MINUTES OF REGULAR MEETING JANUARY 23, 2024 PAGE 15 Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 26 RESOLUTION 2024-06 Sponsor: Roberson A RESOLUTION ACCEPTING THE DEDICATION OF THE COMPLETED STREETS IN DURHAM FARMS, PHASE 1, SECTION 16, AND PHASE 3, SECTIONS 28A AND 29 IN HENDERSONVILLE, SUMNER COUNTY, TENNESSEE WHEREAS, the developer, WFC Durham Holdings, LLC, a Delaware limited liability company registered in Tennessee as a foreign entity, has formally requested the City of Hendersonville accept the dedication of the completed streets in Durham Farms, Phase 1, Section 16, and Phase 3, Sections 28A and 29; 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 _________, 2024, recommended acceptance of the streets: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMAN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that dedication of the completed streets in Durham Farms, Phase 1, Section, 16, and Phase 3, Sections 28A and 29 are hereby accepted. Adopted this the ____ day of ________________, 2024. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _________________________________________ LANCE A. WRAY, City Attorney 27 LEGISLATIVE HISTORY Resolution 2024-06 Sponsor: Roberson Committee: Public Works Date of Committee Meeting: January 23rd, 2024 Committee Recommendation: Yes BOMA Reading: February 13th, 2024 28 DATE: February 13th, 2024 ORDINANCE/RESOLUTION # Resolution 2024-06 A Resolution accepting the dedication of the completed SPECIFIC REQUEST/ streets in Durham Farms, Phase 1 Section 16, Phase 3 RECOMMENDATION: Section 28A, and Phase 3 Section 29, Hendersonville, STAFF Sumner County, Tennessee 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, WFC Durham Holdings, LLC, formally requested the City of Hendersonville accept dedication of the completed streets in Durham Farms, Phase 1 Section 16, Phase 3 Section 28A, and Phase 3 Section 29. 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 2024-6 • Official Street Acceptance Map Section 16 • Official Street Acceptance Map Section 28A • Official Street Acceptance Map Section 29 • Final Plat Section 16 • Final Plat Section 28A • Final Plat Section 29 29 30 31 32 33 34 35 36 37 38 39 40 Hendersonville Metrics January 2024 FINANCE LOCAL SALES TAX REVENUE July - December, 1.77% 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 Local sales tax is up 1.77% YTD. December 2022 vs. Dec. 2023 = $80,897 in growth. December 2023 investment earnings = $125,572 up from $4,924 in December 2022. LOCAL SALES TAX REVENUE July - December, $174,614 from PY 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 - FY 2022 FY 2023 FY 2024 41 LOCAL SALES TAX & PERMIT REVENUE YTD - 3.0% 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 - 16.49% 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 Operating expenditures up significantly in November from a large paving project. December dropped below the prior year, but overall a 16% increase year-to-date from prior year. 42 PUBLIC SAFETY FIRE - CALLS FOR SERVICE 1,000 900 800 700 600 500 400 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 FY24 Fire and PD calls are generally 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 - JANUARY 30,400 25,400 20,400 15,400 10,400 5,400 400 FY 2022 FY 2023 FY 2024 YTD FIRE YTD POLICE 43 CODES RESIDENTIAL PERMITS ISSUED COMMERCIAL PERMITS ISSUED 600 80 70 500 60 400 50 300 40 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 - JANUARY 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 0 FY 2022 FY 2023 FY 2024 YTD Permits YTD Inspections 44 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 70 YTD 95% from PY 60 14 12 50 10 40 8 30 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. 45 PARKS Upcoming Events February Event Name Location Type of Event 2-4 Youth Box Lacrosse Clinic Volunteer Park Box Lacrosse 9-11 Six String Box Lacrosse Tourn Volunteer Park Box Lacrosse High School and Middle School Baseball, Softball, 12 Spring Sports Practices Begin All Parks Soccer, Tennis, Golf HHS Middle School Softball 16-18 Tournament Drakes Creek Park Softball Mouzzon Ball Hockey 23-25 Tournament Volunteer Park Ball Hockey Beech Middle School Softball 23-25 Tournament Drakes Creek Park Softball 46 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 $724,840 $477,634 13% 9% $4,786,960 $5,073,908 87% 91% Project Expense to Date Project Unspent to Date Project Expense to Date Project Unspent to Date SIGNAL SYNCHRONIZATION $149,513 9% $1,602,414 91% Project Expense to Date Project Unspent to Date 47 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 48

Get email alerts for Hendersonville

A daily email when new agendas and minutes are posted.

Report an issue with this meeting