Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING MAY 28, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING May 28, 2024, at 7 :00 P .M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR JIM WATERS, ALDERMAN, VICE-MAYOR RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN LEEPETERSON,ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT MARK BURGDORF, ALDERMAN The May 28, 2024, BOMA meeting was opened with prayer led by John Mcclendon, Senior Pastor of God Why Church. Cadet Frost of the Hendersonville High School Marine Corps Junior Reserve Officer Training Corps led the Pledge of Allegiance. AGENDA Goodwin moved; Waters seconded a motion to approve the May 28, 2024, agenda. Clary moved; Dixon seconded a motion to amend the agenda by removing Item C from Presentations. There was no discussion and the motion to amend the agenda was declared by Clary to be unanimously approved. The motion to approve the May 28, 2024, agenda as amended was unanimously approved. Clary declared the motion carried. MINUTES OF REGULAR MEETING MAY28, 2024 PAGE2 PRESENTATIONS There was a proclamation to the Hendersonville High School Marine Corps Junior Reserve Officer Training Corps (MCJROTC) highlighting their recent achievements. Lt. Colonel Jeff Stone and Sgt Christopher Garza accompanied the cadets of the different teams in the MCJROTC. Among their achievements, the Drill Team was honored to host the 3rd Annual Middle TN Navy & Marine Corps Drill meet at the HHS campus, the color guard performed in 40 different events, the Rifle Team and Raider Team performed their best season in their 24-year history, with the Rifle Team finishing in the top 10 in the nation, and the Raider Team winning the Service National Championship title, and recognition on a national level by the Department of the Navy and the Marine Corps Headquarters as a Naval Honors School. There was a proclamation for Foster Care Awareness Month presented to Tiffany Kelly. National Foster Care Month began in 1988. There are nearly 9,000 children in foster care in Tennessee with 158 of those children being in Sumner County. Concentration is on equipping those children in foster care to have successful transitions out of foster care. Tennessee Kids Belong aims to raise awareness, change outcomes, and accomplish goals by training families to reduce trauma, create safe places and reduce isolation and burn out felt by caregivers. Ms. Kelly recognized those present representing families and foster friendly businesses that support foster parenting, faith communities offering goods, services, and care, community partners serving families, and adoptive parents out of foster care. Currently there are 17 faith communities serving families in Sumner County. There was a presentation of the May Beautification Awards by Kathy Paschal of Beautiful Hendersonville. Greg Yandell of Ace Hardware presented gift cards to the following winners: Ward I-Earline Chapman of 109 Shady Dale. Ward 2-Paul and Lee Anglin of 109 Sagamore Trace. Ward 3-Gil and Marie Williams of200 Crestmont. Ward 4-Thomas and Beth Warrington of 632 Cumberland Hills Dr. Ward 5-Monique Wilson of 106 Nogs Garden. Ward 6-John and Barbara Crawford of 104 Chippendale Dr. Business-Wilson Bank and Trust at 175 East Main Street PUBLIC HEARING None MINUTES Peterson moved; Garza seconded a motion to approve the May 14, 2024, minutes. There was no discussion. There was a vote approving the minutes with all members present voting "aye" and Sasse abstaining. MINUTES OF REGULAR MEETING MAY28, 2024 PAGE3 Clary declared the motion carried. CITIZENS' COMMENTS The guidelines for Citizens' Comments were read by Mayor Clary. Dave Moomy of 971 Cherry Grove Drive, Hendersonville, addressed the Board and thanked them for supporting Ordinance 2024-07 with the increase in paramedic certification pay. He feels this is vital to the City and his goal is to one day have trained paramedics on all trucks and shifts providing the best care for the citizens of Hendersonville. Kay Higgs of 109 Kensington Court, Hendersonville, addressed the Board with thanks for and in support of the City's contribution to STARS. She shared the importance and impact of the program along with what STARS does in the schools within the City of Hendersonville. Ms. Higgs gave an oversight of the depth of work being done. The STARS program has been in operation since 1988. For the year 2023-2024, STARS has served 15 schools in Sumner County, 6 schools have received funding over the years, but Beech High School, Hendersonville High School and Station Camp have received funding from the City. In addition to Beech, Hendersonville and Station Camp, STARS also serves Merrol Hyde, T.W. Hunter and Ellis Middle. STARS has held classroom assemblies, community prevention presentations, including Red Ribbon Week, Prom Promise activities, Bullying Awareness Month, and mental health awareness reaching 6,327 students. STARS has provided 1,183 individual counseling sessions, 207 group counseling sessions, attended to 342 incidents, including 19 critical incidents. STARS provides multiple levels of prevention services. Julie White of 131 La Plaza Drive, Hendersonville, addressed the Board as CEO of the Senior Citizens Center with thanks and respectfully requesting funding for the Center. It is one of the oldest non-profit help agencies outside of churches in the community. There are new families moving in bringing parents, grandparents, aunts, and uncles who will potentially participate in the Center. There have been 100 new members since July 1, 2023 . Ms. White shared state demographics that show within a 5-mile radius in the City of Hendersonville there are 16,762 persons over the age of 65. That is 15.3% of the population of the City. The Senior Citizen Center was established in 1986 and serves ages 50 and over providing an important multitude of services for the senior population. Malaney Head of 217 Southbum Drive, Hendersonville, addressed the Board in support of STARS. Ms. Head is a 2016 graduate of Beech High School. She shared her personal story of how much the STARS program impacted her and set the course of her career as a social worker. She stated how the presence of STARS Counselors Johnson and Georgiou were so important to the program. The program enabled her to give back to the community and make an impact on others. Christy Womack of 1001 Lifford Lane, Gallatin, a Beech High School counselor, addressed the Board regarding the decrease in funding and in support of the STARS program and the role of the counselors it affords the school to have. Ms. Womack provided a counselor's viewpoint to the Board noting that counselors wear many hats; scheduling, MINUTES OF REGULAR MEETING MAY28,2024 PAGE4 testing, college fairs, meeting with students about grades, and emotional issues, just to name a few. Because of so many tasks, school counselors cannot devote adequate time to students. Students need to have counselors available that can help them immediately; give them comfort in the moment, give other suggestions, and references. A STARS counselor can see students regularly, as well as help students in crisis situations. In dealing with the recent disappearance of a student, the STARS counselor has been able to help the students process and work through issues brought on by this situation. They have been able to cope better after talking with the STARS counselor. Ms. Womack wishes to impress upon the Board how valuable or a resource these counselors are for the schools and how having the benefits to maintain those counselors, make a lasting impact on society because the program is available. Abbey Figuardo of 940 Caldwell Drive, Goodlettsville, a junior at Beech High School, addressed the Board in support of STARS. She shared her personal story of how the program has impacted her life. With her first introduction to the STARS program in sixth grade, she knew immediately she wanted to be a STARS peer leader. Mental awareness and health have always been important to her. The STARS program has enabled her to be able to assist other students with similar issues and move past the stigma that accompanies those types of issues. She gave accolades to Counselor Georgiou citing many things she has been able to do for the students. She feels diverting funds would impact Ms. Georgiou's efforts to continuously offer assistance to the students. Norma Page of 199 Albright Farms Drive, Apt. 12, Gallatin, addressed the Board in support of STARS as a former peer leader in the STARS program and 2018 graduate. She shared how impactful STARS was on her life. She shared her personal story of being a twin and not being as outgoing and popular as her sister. She spoke of Counselor Georgiou's impact. STARS stands for Students Taking A Right Stand. The program encourages a drug, alcohol, and nicotine-free culture, discourages bullying, while pushing for widespread inclusivity. She learned how to use her voice to share how to avoid the use of drugs and alcohol to peers in school and peers from surrounding schools to not become a statistic herself and for others. Without complete funding, the impact the program has on students will be lessened. Ms. Page shared how Eric Johnson, Director of Training for STARS, taught how important STARS is and how it changes schools for the better. Ms. Page made it her mission to make kids who were considered different and didn't fit in feel valued. She saw firsthand the impact of how knowing someone's name that is normally not "seen" made them feel. It is empowering to know a simple smile or quick conversation in the hallway could save a life and show others it was ok to do the same. She was shown how to turn the things that she felt were her weaknesses into strengths that have become part of her character. To decrease allocated funds to STARS program would be a disservice to the school system. She and others will use the training obtained from STARS for the rest of their lives as her life has forever been changed. Hadley Brown of 1725 Shell Road, Hendersonville, addressed the Board in support of STARS as a 2022 graduate of Beech High School and a 3 1/2-year peer leader in the program. She shared her story of STARS' involvement in her life which started in seventh grade when Mr. Johnson came to T.W. Hunter to share the program. It set her on a path that she would have never guessed she would have taken beginning at the end of her sophomore year. She and a group of 3 other girls of the same age started an impactful MINUTES OF REGULAR MEETING MAY 28, 2024 PAGES journey on the community that she would have never imagined. Funding was received from United Healthcare in which 700 t-shirts were made and distributed across high schools in Sumner County sharing the no-vape slogan of"Be a hero, drop vaping to zero". A video was created, in which Mayor Clary participated with other community leaders who pledged not to vape. Her group was recognized as the National Youth Advocates of the Year for tobacco free kids. They were flown to Washington DC to attend a gala in their honor. By working with Ms. Georgiou, Sumner County adopted a universal tobacco and vaping policy that covered all the gaps where students would not have the opportunity to vape or use tobacco. She also shared the impact STARS had on her day-to-day life. She relayed a story of how she and her sister were faced with a peer's urgent issue while having a conversation. Not knowing how to handle the situation but seeing a need, she was able to go knock on Ms. Georgiou's door and ask how to handle the situation to help the student. She asked the Board to please consider when voting how helpful it is to have that door to knock on. Jim Stocks of 104 Downing Court, Hendersonville, addressed the Board in opposition to Ordinance 2024-10, the library ownership transfer to Sumner County. He feels the responsibility lies upon the Board as leaders to ensure the safeguard of the library for the citizens and children in the City. He asked the Board to vote against the proposed ordinance and keep ownership. As currently drafted, there are no safeguards in place. Mr. Stocks shared several "what-if' scenarios and concerns of what would happen as the City would be giving up interest and leverage. At the very least, there should be some protections put in the deed for the transfer such as a reverter clause in case the County decided to sell it or no longer use it as a library, for example. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2024-07, an ordinance amending Hendersonville Municipal Code Title 4, Chapter 3, Section 4-303(4), relative to increasing paramedic certification pay for public safety employees. Collins moved; Goodwin seconded a motion to approve Ordinance 2024-07. There was no discussion. There was a unanimous vote to approve Ordinance 2024-07 on second reading. The caption was read for first reading of Ordinance 2024-08, an ordinance of the City of Hendersonville, Tennessee adopting the annual budget and tax rate for the fiscal year beginning July 1, 2024, and ending June 30, 2025. Sasse moved; Roberson seconded a motion to approve Ordinance 2024-08. Clary moved; Dixon seconded a motion to amend Ordinance 2024-08 changing the caption MINUTES OF REGULAR MEETING MAY28, 2024 PAGE6 by removing "and tax rate", removing Section 7, resulting in each section moving up by one number. Clary explained this amendment was needed due to the recent Tax Assessor reappraisal and not having received the new certified rate from the State as required with a reappraisal. There was a unanimous vote to approve the amendment to Ordinance 2024-08. Clary declared the motion carried. COO Eckenroth shared the differences between last year's budget and the FY2025 proposed budget. Once approved the budget will be posted online. Finance Director Ingersoll gave a summary of the budget highlighting a few updates that had been made after the budget workshop and showing the City has a very healthy financial position. Collins moved; Goodwin seconded a second amendment to Ordinance 2024-08 to amend the Budget by adding $19,200.00 to the Fire Expenditures FY2025, line item 6, Supplemental Pay, changing the FY2025 Budget from $98,400.00 to $117, 600.00. Sasse clarified the effective date to be July I, 2024. There was a unanimous vote to approve the second amendment to Ordinance 2024-08. Clary declared the motion carried. Collins moved; Dixon seconded a third amendment to Ordinance 2024-08 to amend the Budget by adding $3,000.00 to the Community Contributions Expenditures FY2025, line item 6, Beech High School STARS, and line item 18, Hendersonville High School STARS increasing the FY2025 Budget for each line item from $9,000.00 to $12,000.00. Discussion included whether to include Station Camp High School STARS in the increase of community contributions and the suggestion that the schools approach Sumner County regarding contributions. Without objection, the rules were suspended to hear from Roger Dinwiddie CEO of the STARS program based out ofNashville. He verified the program does receive money from counties-approximately 70% of their $14 million dollar budget. Of contributions, less than 18% to the program goes for administrative costs. The STARS budgets for each school is approximately $60,000.00. Approximately $50,0000.00 for each school comes from the county (later corrected to be $42,500.00). The remainder comes from contributions, fund raisers and donations. Mr. Dinwiddie confirmed that the funds from the City of Hendersonville go directly to Beech and Hendersonville high schools to pay for the counselors to have added days on site. The counselors are on site 5 days a week. MINUTES OF REGULAR MEETING MAY 28, 2024 PAGE7 Roberson stated he would like to defer this amendment until the second reading of the budget. Discussion continued with Dixon explaining the reason for reducing the two schools to $9,000.00 from $12,000.00 was to make all of them even as Station Camp had been receiving $9,000.00 and Waters' concerns with revisiting this one when there were others that were reviewed and similar decision made. Roberson encouraged the STARS supporters to go to the City of Gallatin and White House and make the same requests. Roberson moved; Dixon seconded a motion to defer amending the STARS contributions until the second reading of the budget. Collins withdrew the amendment and Dixon withdrew the second to the amendment so there was no need to vote to defer. Roberson noted that Public Works Director Lock provided a summary of roads to be paved and broke those out between the Operating Budget and the PIPP Fund. Calendar Lane has been budgeted at $200,000.00 to pave. The Restricted Fund balance is $1.5 million. Director Ingersoll was asked how much of the Restricted Fund balance is associated with the Anderson Park development to which she replied just under $400,000.00. Roberson's goal was to verify that there are sufficient funds from the Anderson Park development fees to pave Calendar Lane which will result in an additional $200,000.00 going back into paving. Roberson explained he would like to initiate a $2,500.00 signing bonus to new police officers, limited to the hiring often (10) officers and to be funded from the unassigned fund balance. He cited several points of interest for the record as to why he felt this was capable of being accomplished. Roberson moved; Goodwin seconded a fourth amendment to Ordinance 2024-08 to amend the Budget by adding $25,000.00 to the Police Expenditures FY2025, line item 1, Salaries-Perm Employee-Reg, changing the FY2025 Budget from $11,540.00 to $11,565,00.00 for a one-time bonus for the hiring often (10) police officers. Collins inquired as to when was the last time the Police Department had been fully staffed. Administrative Services Director Gallo stated in his two years he has been here, it has not been fully staffed. Chief Jones responded it varies due to retirements, promotions, officers leaving, etc. Collins asked if Chief Jones anticipated any negative reactions when new hires get bonuses and the current staff do not. Chief Jones responded there was no negative reaction when the $2,000.00 certification bonuses were given for those coming from other organizations. He feels current officers want to get the positions filled and are glad to get the much-needed help. Director Gallo was asked if bonuses would be considered the most effective tool. He responded yes, but those don't always have a long-term effect. He feels it is best to MINUTES OF REGULAR MEETING MAY 28, 2024 PAGES distribute the bonus over a year. COO Eckenroth added that upon passage of the amendment, it would be followed up with a policy that outlines the process, requirements, etc. When asked what the second most effective tools were, Director Gallo responded with benefits, time off and the culture they are walking into, the latter being the most important of the three. Director Ingersoll pointed out that this expenditure would automatically update the use of the fund balance. Peterson inquired as to why the unassigned fund balance is more than double what the comptroller has stated is sufficient. Mayor Clary explained that it derived from a policy brought to the Board about a year and a half ago regarding saving money. He further explained there has been a surplus at the end of the fiscal years. The City typically spends around 96% of the budget and bring in 100%-102% in revenues. Peterson stated he would like to see that money put to work instead of just saving it. Mayor Clary further explained there are several Capital Projects upcoming that will require revisiting the unassigned fund balance. There was a unanimous vote to approve the fourth amendment to Ordinance 2024-08. Clary declared the motion carried. Dixon moved; Sasse seconded a motion to take a 15-minute break. There was no discussion and a unanimous vote to approve the motion to break. Clary declared the motion carried. Sasse moved; Martin seconded a fifth amendment to Ordinance 2024-08 to amend the Budget by moving funds for Police Replacement Vehicles and Paving from PIPP Fund FY2025 line items to Police and Public Works line items respectively. PIPP Fund FY2025 line item #4, PD 20 Replacement Vehicles and 2 Message Boards, would decrease from $950,000.00 to $475,000.00 and Police Expenditures FY2025 line item 7, Transportation Equipment would increase from $0 to $475,000.00. PIPP line item 15, Increased Paving of Roads would increase from $3,440,000.00 to $3,915,000.00 and Public Works Expenditures FY2025 line item 47, Roads, Streets, and Parking Lots would decrease from $2,905,000.00 to $2,430,000.00 leaving a net change of $0 to the FY2025 Budget. Goodwin stated she feels that the funds should remain within the PIPP Fund and cannot support the amendment. MINUTES OF REGULAR MEETING MAY 28, 2024 PAGE9 The motion failed three (3) to nine (9) with voting as follows: Aye: Martin, Sasse, and Skidmore. Nay: Collins, Dixon, Garton, Garza, Goodwin, Peterson, Roberson, Waters, and Clary. Absent: Burgdorf Clary declared the motion failed. There was a majority vote of eleven (11) to one (1) vote to approve Ordinance 2024-08 on first reading, thrice amended, with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Skidmore.- Waters, and Clary. Nay: Sasse Absent: Burgdorf Clary declared the motion carried. The caption was read for first reading of Ordinance 2024-10, an ordinance authorizing the transfer of one-half ownership interest in the library to Sumner County. Clary moved; Dixon seconded a motion to approve Ordinance 2024-10. Collins moved; Garza seconded a motion to amend the Quitclaim Deed by adding to the "WINESSETH" paragraph, after "thereto" and before "in", "for so long as said real estate is used entirely as a public library and when said real estate is no longer used entirely as a public library, then and in that event said real estate shall automatically revert to a one-half undivided interest each to Grantor and Grantee,". There was unanimous vote to approve the amendment to Ordinance 2024-10. Clary declared the motion carried. Discussion included Dixon inquiring whether Sumner County knew the City was doing this. Attorney Wray stated it was doubtful and that it remains up to the County whether they accept it. Mayor Clary answered there is no obligation for the City of Hendersonville to contribute $50,000.00-$70,000.00 to the library. Skidmore noted there was an organization that was very involved in getting the library established and a couple of them were present. Without objection, the rules were suspended to hear from Tim Takas and Fell Merwin. Mr. Takas addressed the Board as a member of the group FOALS-Friends of Arts and Literature of Sumner. Mr. Takas gave a brief history to the Board informing that FOALS agreed to come up with one-third of the funds needed to construct the library if the City and County would pick up the remaining two-thirds. They want to see the library continue as such. The library is currently open 40 hours per week. The goal is 48 hours per week. Mayor Clary added that Gallatin Library is open 44 hours per week. MINUTES OF REGULAR MEETING MAY28, 2024 PAGE 10 Roberson had several questions including whether the 50/50 ownership had caused conflict, would there be changes to the current operations, does Gallatin contribute to their library, does the City have a seat on the Library Board, and are certifications held. City Attorney Wray stated there had been conflict based on the definition of routine maintenance and whether the lack of had caused bigger issues. Mayor Clary stated there would be no operational changes and would support it even more whole-heartedly. The City does not have a seat on the Library Board as that would require the County to change codes and policies. They have agreed to come to the City with changes to the Board. Mayor Clary stated it was his understanding that every City that has a library contributes to their library. Fell Merwin of 150 Hunters Lane stated that there are requirements for libraries and they are based on population. To meet FOAL certifications libraries have to be open 48 hours and he believes they are now past that. Martin inquired if the additional $20,000.00 was an obligation. Mayor Clary stated it had been budgeted for FY 2023 & FY 2024 as a contingency for being open more hours but it has never been taken advantage of. Skidmore noted that the County Commissioner from District 19 is from Hendersonville and Clary noted the current Chairman is from Hendersonville as well. Goodwin shared concerns of her constituents regarding the City losing control with the County having complete ownership. The County staffs the library, so they are County employees. Mayor Clary noted a recent closing of the library conducted by the County Mayor in which he received no notification, and it wasn't required. Whether the City owns 50% or 100%, the employees are hired by the County. If they don't show up, there can be no library operation. The only change will be maintenance issues will be addressed more quickly. There was a majority vote often (10) to two (2) to approve Ordinance 2024-10 on first reading with voting as follows: Aye: Collins, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Skidmore and Clary. Nay: Sasse and Waters. Absent: Burgdorf Clary declared the motion carried. The caption was read for reading of Resolution 2024-20, a resolution re-appointing the City's representative to the Sumner County Board of Equalization. Roberson moved; Peterson seconded a motion to approve Resolution 2024-20. MINUTES OF REGULAR MEETING MAY28, 2024 PAGE 11 There was no discussion. There was a unanimous vote to approve Resolution 2024-20. Clary declared the motion carried. OTHER AGENDA ITEMS Sasse moved; Martin seconded a motion to approve the appointment of Ron Zellem to the Historic Zoning Commission. There was no discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. REPORTS Brief Committee Reports Finance-Dixon • Met May 28, 2024. • Discussed Ordinance 2024-11, an ordinance to decrease the local option sales tax rate on the purchase of groceries from 2.75% to 2.25% within the corporate limits of Hendersonville. Passed unanimously and will come to BOMA's next meeting. • Discussed Resolution 2024-25, a resolution adopting a 457(b) Employees Deferred Compensation Plan and Trust resolution and Participating Employer Agreement. Passed unanimously and will come to BOMA. Public Works-Skidmore • Met May 28, 2024. • Discussed Resolution 2024-21, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 3, Section 28B in Hendersonville, Sumner County, Tennessee. Passed unanimously and will come to BOMA. • Discussed Resolution 2024-22, a resolution accepting the dedication of the completed streets in North Parrish Place, Right-of-Way Dedication. Passed and will come to BOMA. • Discussed Resolution 2024-23, a resolution authorizing the City' s Department of Parks and Recreation to apply for a BlueCross BlueShield Healthy Place Grant. Passed. • Discussed Resolution 2024-24, a resolution to adopt operating policies by the City's Public Works Department for routine stormwater system maintenance. Passed unanimously. • Discussed potentially lowering Residential Speed Limits. MINUTES OF REGULAR MEETING MAY 28, 2024 PAGE 12 BOMA Report-Eckenroth • Report is in the packet. • Parks Director Gilley and Trevor Cole have been working diligently within the parks. Mary's Magical Place will hopefully be open by the end of the week. • There will be information coming from the Deer Committee at the next BOMA meeting. • Signal Sync timing has been implemented on New Shackle Island Road, Indian Lake, and Main Street. • Chief Bush shared HFD were two house fires, one involving children who are safe but suffering from smoke inhalation injuries, there was another house fire today in Ward 4 on Bonita Parkway. There have been multiple boating and motorcycle accidents over the last couple of weeks. HFD also assisted in a boating accident in Wilson County, rescuing 6 individuals over the Memorial Day weekend, another rescue in the last day and there was a near drowning of a 6-year-old. Chief Bush urged motorists to be observant towards motorcycles and use boats wisely and safely. Upon motion by Roberson and second by Goodwin, there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 9:45 p.m.