Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN July 9th, 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. Presentation of a Proclamation to BAPS B. Presentation of the June Beautification Awards by Beautiful Hendersonville IV. Public Hearing V. Minutes A. Approval of the June 11th, 2024, meeting minutes 3-15 VI. Citizens’ Comments VII. Consent Agenda VIII. Ordinances and Resolutions Clary, 1. Second and final reading of Ordinance 2024-11, an ordinance to decrease the 16-19 Roberson, local option sales tax rate on the purchase of groceries from 2.75% to 2.25% and Skidmore within the corporate limits of Hendersonville Clary 2. Reading of Resolution 2024-26, a resolution approving the Sumner County 20-27 inmate services agreement IX. Other Agenda Items 3. Reappointment of Nicholas Gamble to the Hendersonville Arts Council 28 4. Reappointment of Meredith Hunter to the Industrial Development Board 29 5. Reappointment of Jeremiah Bennett to the Parks Board 30 6. Reappointment of Ken Hesson to the Parks Board 31 7. Reappointment of Bob Montoya to the Parks Board 32 8. Reappointment of Robert Perry to the Parks Board 33 34 9. Appointment of Jerry Luszczak to the Historic Zoning Commission 1 X. Reports 10. Brief Committee Reports: 1. General - Peterson 2. Public Safety – Goodwin 3. Planning – Martin 35-42 11. BOMA Report XI. Adjournment XII. Information Re: Board/Committee Nominations for Next Agenda 2  CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING June 11, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR JIM WATERS, ALDERMAN, VICE-MAYOR MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN EDDIE ROBERSON, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT KAREN DIXON, ALDERMAN LEE PETERSON, ALDERMAN JEFF SASSE, ALDERMAN The June 11, 2024, BOMA meeting was opened with prayer led by Darin Miller, Executive Pastor of Three Oaks Church. Mayor Clary led the Pledge of Allegiance. AGENDA Skidmore moved; Garton seconded a motion to approve the June 11, 2024, agenda. Clary explained several were in attendance regarding the library ordinance and while there would be discussion, he would be withdrawing Item 5 afterwards. He also noted that Burgdorf was no longer a sponsor of Ordinance 2024-10. Garton moved; Skidmore seconded a motion to amend the agenda by moving Item 5, the library transfer ordinance to be considered as Item 4, moving Item 4, the budget ordinance to be considered as Item 5. There was no discussion and the motion to amend the agenda was declared by Clary to be unanimously approved. 3 The motion to approve the June 11, 2024, agenda as amended was unanimously approved. Clary declared the motion carried. PRESENTATIONS There was a presentation by Jerald Barrett, Chairman of the Deer Herd Monitoring and Control Committee. Mr. Barrett shared a wealth of information collected by the committee’s research and multiple communications and meetings with TWRA and the USDA. Information shared included the USDA’s recommendations after last year’s deer survey. The survey findings are on the City’s website. Each option was discussed with the first emphasis being on public education. A flyer will be going out to citizens via mail this week and it will also be on the City’s website. Mr. Barrett provided Deer Herd FAQs and went over those in his presentation. Of the many facts shared by Mr. Barrett, he reported over the past year, on one street alone, 30 deer were harvested. One outcome of the meetings with the USDA was they suggested there be an on-going survey every year that they conduct. They suggested an end-of- the-year survey when the numbers are at the lowest. Mr. Barrett emailed to BOMA a study from Wildwood, MO for which they used a private group to cull, not the USDA. There will be a workshop held at City Hall, June 29, 2024, from 8:00 am – 12:00 pm with the USDA making presentations at 8:30, 9:30 & 10:30 am. Burgdorf expressed his thanks for the work the committee has done. He inquired as to how much time had been spent by the committee. Mr. Barrett stated the committee has been working on this project since May 2023. There have been monthly committee meetings with full attendance. Research has been done throughout the month, based on what each committee member was assigned to research. 30 or 40 different studies were reviewed in the process. Goodwin expressed her thanks to the committee as well. She inquired what the number of deer taken was when hunters were matched with the homeowners. Mr. Barrett stated more than 50. Exact numbers have been requested. Goodwin stated that the USDA is a for-profit organization and inquired what the cost per deer would be. Mr. Barrett has also requested that information. The total for the USDA to do a culling would be around $250,000.00. Roberson expressed his gratitude to the committee and asked if they had a number of traffic accidents involving deer. Mr. Barrett stated the committee’s liaison, Officer Emily Tipsord had compiled those numbers, but they weren’t accurate as there are many deer related accidents that are never reported. Roberson requested the numbers from Public Works and HPD. Roberson questioned whether disease was more prevalent when there are large numbers of deer. Mr. Barrett explained the two main deer diseases-Chronic Waste Disease (CWD) which occurs when a food area is shared, and Epizootic Hemorrhagic Disease (EHD) is brought on by an insect bite from a midge. Studies have found these diseases to not be transferrable to humans or pets. Roberson inquired how many deer 4 would need to be harvested to reach an optimum population. Mr. Barrett’s response was 30%. That would just be the first move in heading in the right direction. “One and done” will not take care of the problem. All this information will be updated on the website as it becomes available and will be coordinated with TWRA and the USDA for accuracy. Roberson inquired if there was something to incentivize more hunters. Mr. Barrett asked that discussion to be saved for the next BOMA update. Garza expressed his thanks to the committee. He inquired about the cost of the culling; how often does it need to be done? Mr. Barrett said he would be able to get that information in a week. He went on to say that culling once is not effective and it’s very expensive. Culling over a period would not be as expensive. Garza inquired how often the number of deer multiply if there is no culling done. Mr. Barrett stated that with the abundant food supply it is becoming more common to see twins, triplets and even quads. Martin extended his thanks and appreciation of the committee’s work. Waters complimented the presentation and inquired how large the committee was. Mr. Barrett responded that there were 7 members, Officer Tipsord, Burgdorf as the Board Liaison, Casey LaMarr as the information officer and Jesse Eckenroth is typically in attendance. There was a presentation to recognize City employee service anniversaries. Those in attendance receiving awards for 30 years of service were Annette Hunter of Finance and Scott Ryan of Police, and for 25 years of service was Seth Miller of Police. Reserve Police officers for 35 years of service were Captain Ed Zehnder, and for 5 years of service were Lt. Brad Cochran, Sgt. Jenny Fitzgerald, and Sgt. Dean Thompson. Below is the full listing of service anniversaries being recognized. 45 Years Monroe, Brenda Finance 30 Years Hunter, Annette Finance Ryan, Scott Police 25 Years Snow, Bret Fire Getchel, Curtis Police Harrell, David Police Miller, Martin Police 20 Years Hollandsworth, Amanda Building & Codes Love, Jay Fire Bilbrey, Jerry Fire Webb, Jeffery Fire 5 Yunker, John Fire Emerton, James Fire Garrett, James Police 15 Years Griffin, Timothy Fire Lee, Quinton Fire Mason, Matthew Fire Miller, Ryan Fire O’Saile, Eric Fire Schroyer, Ryan Fire Townsend, Kevin Fire Ciolos, Dorel Parks Jandera, Troy Parks Buttry, Robert Police Chambers, Lee Police Finley, Jacqueline Police Gross, Zachary Police Hale, Samantha Police Shinn, David Police Vinson, Terry Police Buerkett, Trace Public Works Bates, Timothy Roads 10 Years Bochette, Chase Fire Horton, Benjamin Parks Kemper, Edward Parks Brisco, Landon Police 5 Years Jones, Amy Finance Bruner, Michael Fire Davis, William Fire Duke, Robert Fire Escue, Kyle Fire Iacob, Michael Fire Iacob, Ruben Fire Jones, Zachary Fire McAuley, Charles Fire Sanders, Timothy Fire Scudder, John Fire Stringer, James Fire Gilley, Andy Parks Akin, Trebor Police Bowles, Teresa Police Breedlove, Jordan Police Bryant, William Police 6  Callahan, Seth Police Hogan, Jason Police Loyd, Michael Police Menz, Jeffrey Police Pryor, Jared Police Stoddard, Jacob Police Faille, Daniel Roads PUBLIC HEARING None MINUTES Goodwin moved; Garza seconded a motion to approve the May 28, 2024, minutes. There was no discussion. There was a unanimous vote approving the minutes. Clary declared the motion carried. CITIZENS’ COMMENTS The guidelines for Citizens’ Comments were read by City Attorney Lance Wray. Jake Moore, of 124 Island Drive Hendersonville, addressed the Board regarding the Deer Committee findings. He owns several properties on which he hunts. Mr. Moore provided the Board with some handouts that included a graph of vehicle crashes involving deer that was presented in one of the Deer Committee meetings compiled by HPD from 2018-2023. He included depredation permits facts and findings, which concerns him with homeowners being paired with hunters and feels this has a large liability factor and foresees problems with this push. He presented a handout of questions and statements from himself which included TWRA information obtained from the TN.gov website, and an email to the Deer Committee Chair. Title 10, Chapters 5 & 6 of the Hendersonville Municipal Code, highlighting harvesting venison, appropriation, prohibition, and exceptions were included in his packet. He pointed out that Federal and State law supersedes the City ordinance for exceptions. Citizens can hunt and obtain permission under these exceptions. Charlena Aumiller, of 143 Ruland Circle Hendersonville, addressed the Board with concerns for the safety of her children and family in relation to the deer. Her main topic was about the library. She urged the Board to make sure the statements the Sumner County Commission was making regarding Hendersonville were accurate and encouraged research to make sure everything is true that is being said. She stated the $50,000.00 contribution from the City is going toward operations of the library which she feels includes salaries and maintenance. She hasn’t seen anything that shows the maintenance has not been covered by the contribution. She feels the confusion with the library seems to have come from disruption of the leadership and feels the current director has not been properly trained in 7 how to handle some of the situations. She is opposed to deeding the City’s portion to Sumner County and giving 100% of a City asset to a different government relinquishing all control. Kevin Rector, of 113 Stoddard Street Hendersonville, addressed the Board regarding the library. He is not completely opposed to giving the City’s portion to the County, but he feels the agreement between the municipalities needs to be more strongly worded in the reverter clause to protect the City’s asset. He also supports the County choosing to give the City 100% ownership and continuing to operate it while the City maintains it. He welcomes the idea of the City and County sitting down together to figure out who is responsible for what. Regarding the deer, he wishes to see less. He also expressed his thankfulness for the leadership of the Board and how they amicably work together even when all do not agree. Darlyn Farris, of 109 Elissa Drive Hendersonville, addressed the Board regarding the library. After speaking to a County Commissioner after their meeting, Ms. Farris shared her opinion that maintenance had not been done by the City causing the County to have to pay to have items repaired. She asks that the City keep the library and work into the budget funds for which to operate it. Regarding deer, she noted that property owners have the right to post their property if owners do not wish to have hunters on their property. Tammy Hayes, of 120 Governors Point Blvd Hendersonville, District 1 Representative for the Sumner County School Board, addressed the BOMA regarding the STARS program and her request for the non-profit to be fully funded by the City. She stated four pillars the program is built upon: Hope, Health, Connection, and Compassion. She stated STARS has serviced over 100,000 young people with many issues faced by them today. She shared a personal story in which she was invited to participate in a session with some young ladies who allowed her to join them in which they shared their stories and in turn she shared hers with them. Justine Przewieda, of 196 Spy Glass Way Hendersonville, President of the Masters Glen HOA, addressed the Board requesting an exception to the speed limit on Spy Glass Way lowering it to 25 mph and installing traffic calming measures. She expressed concern for the children on that street as well as bikers and walkers due to the fast-moving vehicles at one point clocked at 40 mph by a Hendersonville Police Officer observing the street traffic. Mailboxes have been hit and a death occurred a few years ago due to speeding and hitting a tree on a vacant property that is no longer vacant. Meagan Lenfert, of 1108 Luxborough Drive Hendersonville, addressed the Board regarding the STARS program as a Beech High School alumni. She shared how it helped set her course of study after high school toward a career and how blessed she was to be able to engage in activities with and impress upon middle school-age students the dangers of alcohol and drugs that might be difficult to understand at a young age. Being active in STARS helped shape her into the person she is today with a passion for mental health, service, teaching, and public speaking. She was the chair for the STARS mental health committee and will be pursuing a psychology degree to become a counselor. 8 Kay Brooks, of 123 Trousdale Drive Hendersonville, addressed the Board regarding three budget items. She requested the Board not continue to fund the WeGo transit program. It is no longer cost effective. For the library, no co-ownership, pick one or the other, City or County. And lastly, she is opposed to funding any non-profit. They are not essential and using taxpayer money to fund, especially on limited incomes, is not favored. CONSENT AGENDA 1. Reading of Resolution 2024-21, a resolution accepting the dedication of the completed streets in Durham Farms, Phase 3, Section 28B in Hendersonville, Sumner County, Tennessee. 2. Reading of Resolution 2024-22, a resolution accepting the dedication of the completed streets in North Parrish Place, right-of-way dedication. 3. Reading of Resolution 2024-23, a resolution authorizing the City’s department of Parks and Recreation to apply for a BlueCross BlueShield Healthy Place Grant. Roberson moved; Waters seconded a motion to approve all items on the Consent Agenda. There was no discussion. There was a unanimous vote to approve the Consent Agenda resulting in Resolutions 2024-21, 2024-22, and 2024-23 being approved. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read for second and final reading of Ordinance 2024-10, an ordinance authorizing the transfer of the City’s one-half ownership interest in the library to Sumner County. Clary moved; Collins seconded a motion to approve Ordinance 2024-10. Clary stated he did not want to vote on this ordinance tonight, but did want to have discussion. He provided a copy of the 2015 Resolution from the Board of County Commissioners of Sumner County which was meant to clarify ownership of the Hendersonville Library. Item number 4 states “The City will provide routine maintenance, landscaping, and other support services” “and will continue to partially fund the library with an annual appropriation of funds”. Item number 4 does not mention repairs. Clary also provided an email from Sumner County Law Director Sitler to John Isbell, Sumner County Mayor from November 2023 stating he believes the City is responsible for 50% of the cost of repair of an elevator at the library, to complete the work, then bill the City for 50%. The City never agreed to split repair costs. He believes this to still be the County’s position. 9 Clary requested two things from the County which he never received; 1.) Send evidence the City has covered ½ the cost of non-routine maintenance in the past. 2.) Send any resolutions or agreements for other county libraries that specify cities will cover ½ the cost of non-routine maintenance and evidence that has been done. The non-response leads Clary to believe there has been a change in policy or in the guidance of the leadership of the County that now makes the County believe the City is responsible for 50% of the repairs. The building is 18 years old and will cost around $12 million dollars to repair. In the next few years it will need some significant repairs such as a new roof, an HVAC system repairs and other serious expenses. If the City accepts what the county has decided, the budget will have to be increased significantly for building maintenance and building repairs. Clary stated he was in a situation where he didn’t believe it was the City’s responsibility to pay the bill nor that the Board had appropriated the money. He felt he had to pay the bill because of the risk of the library being closed over ADA concerns. The County is not moving forward with the reverter clause. Clary feels the City’s offer was very reasonable. He wanted a couple of other things, but those will not come to pass. There is still the possibility that the County Commission could accept the reverter clause. Clary feels the City should wait for them to make the next move. County Attorney Sitler offered the idea of the City and County sitting down together to discuss what’s expected and revamp the maintenance agreement. The City’s other options currently are to go forward with no guarantee the library will remain a library or the City be on the hook for a lot of money. Roberson posed the question to City Attorney Wray if the City could ask for a declaratory ruling from Chancery Court to which Attorney Wray replied positively. Roberson inquired further if that would warrant a private discussion with counsel, to which Wray responded “Yes”. Clary stated that he would be open to the option of the County Commission deeding their portion to the City. County employees staff the library so details would have to be worked out. There was continued discussion which included the annual cost of running the library, and whether anyone has spoken to the members of FOALS that gifted $900,000.00 to determine if their gift was contingent upon the building always being a library. Attorney Wray responded he is still in the process of trying to locate those individuals. Collins expressed she would be open to ownership and operations and going to court. She would also like to see the County’s budget and what is allocated for the library. She feels this has opened a deeper discussion for the City in regard to the library and is excited to explore the options. After discussion was completed, Clary withdrew the second reading of Ordinance 2024-10 agreeing to bring it back if the County would accept the clause. 10 Goodwin moved; Burgdorf seconded a motion to take a break at 8:51 pm. The motion passed unanimously, and Clary declared the motion carried. The caption was read for second and final reading of Ordinance 2024-08, an ordinance of the City of Hendersonville, Tennessee adopting the annual budget for the fiscal year beginning July 1, 2024, and ending June 30, 2025. Goodwin moved; Garza seconded a motion to approve Ordinance 2024-08. Clary moved; Collins seconded a motion to approve an amendment to the budget by making ten (10) amendments to the Operating Budget and two (2) amendments to the Non- Operating Budget as follows: Operating Budget 1. Remove Relax and Ride - Page 57, Central Services Line 9 ($55,600) 2. Increase HHS Stars - Page 51, Non-Profit Line 18 $3,000 3. Increase Beech Stars - Page 51, Non-Profit Line 6 $3,000 4. Increase United Way - Page 52, Non-Profit Line 33 $3,000 5. Increase Contributions & Donations (Carnival for MMP), Page 45, Revenues Line 12 $5,000 6. Increase MMP Maintenance - Page 66, Parks Line 27 $5,000 7. Rebudget - FEMA Revenue - Tornado, Page 45, Revenues Line 13 $232,500 8. Rebudget - FEMA Expenditure for Tornado, Page 57, Central Services Add line between lines 24 and 25 $232,500 9. Add Budget for Flood (Reimb. By Insurance), Page 57, Central Services Line 24 $500,000 10. Add Insurance Revenue for Flood, Page 45, Revenues Line 13 $500,000 Non-Operating Budget 11. Bradford Berry - Phase II Assessment - Page 88, New Projects Add Additional Line $100,000 12. Call Boxes on Greenway - Page 88, New Projects Add Additional Line $11,000 Waters addressed the decisions the Non-Profit Committee had made regarding the contributions and his disagreement with the proposed amendments relating to those contributions. Without objection, Ms. Katie Brown was asked if she would like to address the Board on behalf of the Sumner County Board of Education specifically regarding the STARS program as it related to Beech and Hendersonville High Schools. Ms. Brown stated that the School District has maintained the same level of contributions and the program has expanded due to grants she has written being approved. She explained a portion of funding is local, but the grants are federally funded. She addressed the Station Camp contribution being lower than Beech or Hendersonville as that school serves half of Gallatin and half of Hendersonville. Roberson inquired whether Hendersonville was the only city in Sumner County that contributed to STARS. Ms. Brown verified that to be true. Roberson 11 encouraged the organization to look to other cities for contributions as well. Roberson posed questions to COO Eckenroth regarding the additional $100,000.00 being allotted for the Bradford Berry Phase II Assessment. Eckenroth explained there were deed restrictions placed on the property when it was deeded to the City, more than likely due to concern of potential contamination. By doing this report, the hope is that based on the report findings, GE will agree to remove the deed restrictions. If something is found, corrective action would need to be taken. If GE does not agree, the scope would be reworked. Attorney Wray added there was a legal option available to request to quiet the title. In continued discussion, Garton revisited the STARS program contributions noting that even though the contributions were shown as 3 separate line items, one check would be cut for $33,000.00 which is more than any other contribution to a single non-profit. She also expressed her approval of the callboxes being added to the Greenway. Without objection, Roger Dinwiddie with STARS addressed concerns that if the funding for STARS were to be reduced, there would be no removal or reduction of time for the counselors. Adjustments would be made elsewhere. When asked why other cities did not contribute to the program, Dinwiddie replied that Gallatin has contributed in the past but does not have knowledge as to why others do not. Waters moved; Burgdorf seconded an amendment to the amendment to pull out of the group of amendments lines 2 and 3, HHS STARS and Beech STARS respectively. Collins noted that the City hasn’t increased contributions as a rule, but while there is no decline in alcohol, drugs, and mental health issues, it is hard to justify cutting funding. Roberson stated he was going to go with what the committee recommended. The motion failed three (3) to seven (7) with voting as follows: Aye: Burgdorf, Roberson, and Waters. Nay: Collins, Garton, Garza, Goodwin, Martin, Skidmore, and Clary. Absent: Dixon, Peterson, and Sasse. Clary declared the motion failed. There was a unanimous vote to approve the amendment to Ordinance 2024-08. Clary declared the motion carried. Roberson wanted assurance that the overtime budget in the Fire Department would not be used to fund an EMT in the Parks. Use of the UTV in the Parks when staff was available would be permissible. Collins inquired as to the availability of funds to conduct the two deer surveys suggested in the presentation. Eckenroth responded that he felt funds would be available to do one 12 survey before mid-year budget adjustments, at which point that would be reimbursed and funding appropriated for the second survey. There was a unanimous vote to approve Ordinance 2024-08 as amended on second reading. Clary declared the motion carried. The caption was read for first reading of 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. Roberson moved; Garza seconded a motion to approve Ordinance 2024-11 on first reading. Roberson moved; Clary seconded a motion to amend Ordinance 2024-11, Section Four by adding the language “on February 1, 2025” after “effect” to read “This ordinance shall take effect on February 1, 2025, both at the State level and the local level.” There was unanimous vote to approve the amendment to Ordinance 2024-11. Clary declared the motion carried. Roberson explained this was being done to give the Department of Revenue enough time to make the adjustments necessary at their level to incorporate a reduction in the sales tax rate as this is the first time this has occurred in the State of Tennessee. Attorney Wray concurred that should give the State time to make the necessary adjustments. There was a unanimous vote to approve Ordinance 2024-11 as amended on first reading. Clary declared the motion carried. Without objection, Skidmore was added as a sponsor to Ordinance 2024-11. The caption was read for reading of Resolution 2024-24, a resolution to adopt operating policies by the City’s Public Works department for routine stormwater system maintenance. Skidmore moved; Martin seconded a motion to approve Resolution 2024-24. There was no discussion. There was a unanimous vote to approve Resolution 2024-24. Clary declared the motion carried. The caption was read for Resolution 2024-25, a resolution adopting a 457(b) Employees Deferred Compensation Plan and Trust resolution and participating employer agreement. 13 Burgdorf moved; Goodwin seconded a motion to approve Resolution 2024-25. Clary moved; Goodwin seconded a motion to amend the effective date to January 1, 2025. There was a unanimous vote to approve the amendment to Resolution 2024-25. Clary declared the motion carried. There was a unanimous vote to approve Resolution 2024-25 as amended. Clary declared the motion carried. OTHER AGENDA ITEMS None REPORTS Brief Committee Reports Public Safety-Goodwin • Met June 11, 2024 • Discussed Ordinance 2024-26, use of inmates for help in the parks. Passed. Will come to BOMA. • Discussed at length sledding on Country Hills Golf Course and ideas related. Planning-Martin • Approved the following Site Plans: 1. Alexander Commercial Phase 1 – Site Plan 2. AutoZone – Site Plan 3. Chick Fil A (Mayfair) – Site Plan • Approved the following Plats: 1. Premier Park Lot 1 Revision – Final Plat BOMA Report-Eckenroth • Thanks to Jerald Barrett for the Deer Committee presentation. • PIO Casey LaMarr will put the info on the website; FAQs, the deer pamphlet, and information vetted through TWRA making sure the information is correct. • Thanks to Finance Director Tamara Ingersoll for doing a great job on the budget. • Behind the scenes efficiency has included focus on technology in the Finance Department. • The paving list will be coming out soon. There will be a paving list by the General Fund and one by the PIPP Fund. Rogers Group approved an amendment if we group paving together and pave more at once they will give us a 5% discount on asphalt and a 10% discount on milling. • Casey spoke about the new trash service. Residents have received three mailers 14  from the City, and one from Waste Pro with another coming out soon, tags have been placed on the back of the cans if they were former back door service users to help prevent gaps in communication and the changes that are coming to ensure the transition is smooth, 60% of our allowance for medical waivers has been used, the add-on process has gone smoothly, there will be a new collection day map coming out this week, mainly re-routing for Durham Farms due to the growth, the final mailer from Waste Pro will be coming out soon as it’s in production and will show residents a change in their route. Only 14% of residents will have a route change. It will be published online, on social media and residents will be receiving a mailer. As of 5/29/2024, there have been approximately 200 residents that added on services, either back door or second day collection. A lot of residents signed up to purchase cans and chose the cart maintenance program to rent the can. The deadline was 5/31/2024 so Casey will get an updated count and send the results to BOMA through email. • There are fourteen (14) vacancies in the Police Department. Upon motion by Garza and second by Martin, there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 10:02 p.m. Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 15  ORDINANCE 2024-11 Sponsors: Clary, Roberson, and Skidmore 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 WHEREAS, on November 14, 2023, this governing body passed Ordinance 2023-20 (“The Hendersonville Investment In the Future Act”), requesting its citizens to determine by referendum whether to increase the City’s local option sales tax by ½ penny (from 2.25% to 2.75%) over the next ten (10) years; WHEREAS, at such time, the City desired to make groceries exempt from any such local option sales tax rate increase, however, at that time the City had no authority under state law to do so; thus, in its Ordinance 2023-20, the City forwarded a formal request to its State delegates for passage by the Tennessee General Assembly to change state law granting cities the authority to decrease the local option sales tax rate on groceries; WHEREAS, on March 5, 2024, the citizens of the City of Hendersonville showed significant support for, and voted to approve increasing the City’s local option sales tax rate from 2.25% to 2.75%, which shall terminate (“Sunset”) after ten (10) years; WHEREAS, on April 18, 2024, the General Assembly passed Public Chapter No. 917, amending state law to now allow cities to decrease its local option sales tax rate on groceries; WHEREAS, “groceries” are defined under state law as “the retail sale of food and food ingredients for human consumption”: WHEREAS, the City desires that such groceries be exempt from the increase to its local option sales tax, to terminate (“Sunset”) after ten (10) years, consistent with the City’s local option sales tax increase: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE as follows: Section One. Under the new authority of State of Tennessee Public Chapter No. 917, the City’s local option sales tax rate for groceries (defined by state law under Tennessee Code Annotated, § 67-6-228 as the retail sale of food and food ingredients for human consumption), shall be decreased from 2.75% to 2.25%. Section Two. This local option sales tax rate decrease shall terminate (“Sunset”) on the tenth (10th) year anniversary of the date such sales tax decrease begins collection, as allowed pursuant to Tennessee Code Annotated, § 67-6-708. Section Three. This Ordinance shall not affect the City’s local option sales tax on purchases for which was unchanged by state law and defined under Tennessee Code Annotated, § 67-6-228(b), as the retail sale of food and food ingredients sold as prepared food, alcoholic beverages, candy, dietary supplements and tobacco. Section Four. This ordinance shall take effect on February 1st, 2025, both at the State level and the local level. 16 First Reading: June 11th, 2024. Passed. Second Reading: ___________________________ APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor __________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _________________________________ LANCE A. WRAY, City Attorney 17  LEGISLATIVE HISTORY Ordinance 2024-11 Sponsors: Clary, Roberson, and Skidmore Committee: Finance Date of Committee Meeting: May 28th, 2024 Committee Recommendation: Yes First BOMA Reading: June 11th, 2024 Amendment: There was a motion to amend Section Four by adding the language “on February 1, 2025” after “effect” to read “This ordinance shall take effect on February 1, 2025, both at the State level and the local level.” Vote: Aye: Burgdorf, Collins, Garton, Garza, Goodwin, Martin, Roberson, Skidmore, Waters, and Clary. Nay: None. Absent: Dixon, Peterson, and Sasse. Motion carried. Vote on Orignal Motion as Amended: Aye: Burgdorf, Collins, Garton, Garza, Goodwin, Martin, Roberson, Skidmore, Waters, and Clary. Nay: None. Absent: Dixon, Peterson, and Sasse. Motion carried. Second BOMA Reading: July 9, 2024 18 DATE: July 9th, 2024 ORDINANCE/RESOLUTION # Ordinance 2024-11 That the BOMA decrease the local option sales tax rate on the SPECIFIC REQUEST/ purchase of groceries from 2.75% to 2.25% within the RECOMMENDATION: corporate limits of Hendersonville STAFF Jamie Clary - Mayor REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations REPORT Tamara Ingersoll – Finance Director BACKGROUND: 1 By way of referendum, the Hendersonville voters passed the Hendersonville Investment in the Future Act, a ½ cent sales tax increase. The ½ cent increase raises the city’s sales tax rate from 2.25% to 2.75%, for a total sales tax rate (city and state) from 9.25% to 9.75% and expires “sunsets” in 10 years. The new sales tax rate goes into effect June 1, 2024. The city sales tax increase applies uniformly to all taxable items, including groceries. However, the Board of Mayor and Alderman expressed a desire to exempt groceries from the sales tax increase, subsequently the General Assembly passed legislation allowing local government agencies to lower sales tax on groceries. DISCUSSION: 2 Sales tax on groceries is comprised of two rates, the state rate of 4% and the local/city rate of 2.25%, for a total rate of 6.25%. The new legislation gives the city authority to exempt the ½ cent sales tax increase from the sale of groceries, meaning groceries could stay at the current taxable rate of 6.25%. The state administers and collects sales tax on behalf of all the cities in the state. If BOMA elects to exempt groceries from the ½ cent sales tax the city will forward an official request to the state to lower the taxable rate for grocery items. Adjusting the sales tax rate requires the state to go through a process of notifying impacted businesses. Impacted businesses are given a window of time to adjust their sales tax collection rates at the point of purchase before the requirement goes into effect, which could become effective as early as October 1, 2024. FISCAL IMPACT: 3 The city currently receives 1.125% or half of the 2.25% local sales tax rate; Sumner County receives the other half or 1.125% of the local sales tax rate. The ½ cent increase portion, however, will go 100% to the city. The collection rate of the city will move from 1.125% to 1.625% or approximately 44% more than the current collection rate. Local sales tax accounts for approximately $21 million in the FY25 Budget, a 44% increase is approximately $9 million dollars. The FY25 Budget added a fund, the PIPP Fund, that independently tracks all revenue and expenditures from the ½ cent sales tax revenue. The PIPP Fund was conservative in estimating revenue and only assumed $8,200,000 for FY25. Throughout the year city staff will monitor the actual revenues of the PIPP Fund and make recommendations, if needed, during the mid-year budget process. At this point no budget amendments are requested. ATTACHMENTS: 4 1. Ordinance 2024-11 19  RESOLUTION 2024-26 Sponsor: Clary A RESOLUTION APPROVING THE SUMNER COUNTY INMATE SERVICES AGREEMENT NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the Sumner County Inmate Services Agreement, attached hereto, is hereby approved; and the Mayor is hereby authorized to execute said Agreement along with any other associated documents necessary to accomplish the purposes herein. 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 20  LEGISLATIVE HISTORY Resolution 2024-26 Sponsor: Clary Committee: Public Safety Date of Committee Meeting: June 6, 2024 Committee Recommendation: Yes Committee: General Date of Committee Meeting: July 9, 2024 Committee Recommendation: BOMA Reading: July 9, 2024 21 DATE: July 9, 2024 ORDINANCE/RESOLUTION # Resolution 2024-26 SPECIFIC REQUEST/ RECOMMENDATION: Sumner County Inmate Services Agreement STAFF REPORT REPORT PREPARED BY: Jason Gallo – Administrative Services Director BACKGROUND: 1 The City has historically had an arrangement with the Sumner County Sherrif to utilize inmate crews to perform work for the Parks Department. That arrangement was paused while a new interlocal agreement was finalized between the City and Sumner County. DISCUSSION: 2 Sumner County Board of County Commissioners has approved a new interlocal agreement for cities wishing to utilize inmate services. The inmates crews assigned to the City would be supervised by a Parks employee and limited to the work outlined in the Interlocal Agreement. If an inmate is being supervised by a City employee and working within the scope of the interlocal agreement, then the city would not be liable for any injury sustained while on a public service work detail. FISCAL IMPACT: 3 The City will be charged for the cost of the Inmate GPD Monitoring Program and device required for each inmate who works for the City. The cost for each device is $4.50 per day. ATTACHMENTS: 4 Attachment 1 – Sumner County Resolution 2404-09 & Interlocal Agreement 22 23 24 25 26 27 TO: Board of Mayor and Aldermen I hereby nominate for reappointment, IV,c:.hc,\ c.. s (;.wrJ,te , to service a _ 3_ year term. Name On the Hendersonville Arts Council . Name of Board Ward: _ _;j ;;___ _ _ I Ward 28  CITY OF HENDERSONVILLE TO: Board of Mayor and Aldermen I hereby nominate for reappointment, ______ _M_er_e_di_th_H_u_nt_e_r _ __ _ __, to serve a _ _6_ _ year term on the ____ l_n_ du_s_tr_ ia_lD _e_v_el_op_m _e_n_t B _o_a_rd_ _ _ __ (Name of Board) Ward: 3 Mayor/Alderman J Ward 29  CITY OF HENDERSONVILLE TO: Board of Mayor and Aldermen I hereby nominate for reappointment, ____________________________________, Jeremiah Bennett to serve a _______ 3 year term on the ______________________________________. Board of Parks & Recreation (Name of Board) Ward: _____________ 5 _______________________________________ Mayor/Alderman ______________ _______________ Ward Date 30  CITY OF HENDERSONVILLE TO: Board of Mayor and Aldermen I hereby nominate for reappointment, ____________________________________, Ken Hesson to serve a _______ 3 year term on the ______________________________________. Board of Parks & Recreation (Name of Board) Ward: _____________ At-Large _______________________________________ Mayor/Alderman ______________ _______________ Ward Date 31  CITY OF HENDERSONVILLE TO: Board of Mayor and Aldermen I hereby nominate for reappointment, - - - - - -- -- ~ - - -- - - - ' to serve a Bob Montoya _ _3_ _ year term on the ___ B_oa_rd_ of_P_a_rk_s_&_R_e_cr_e_at_io_n_ _ _ __ __ (Name of Board) Ward: 3 7 Mayor/Alderman I Ward Date 32  CITY OF HENDERSONVILLE TO: Board of Mayor and Aldermen I hereby nominate for reappointment, _____R_o_ b_e rt_"B_u_bb_a_" _Pe_ rry _____� to serve a __3__ year term on the __B_o_a_rd_o_f _Pa_ r_ks_&_Re_c_re_a_tio_n_______ (Name of Board) Ward: ------ 2 Mayor/Alderman Ward Date 33  CITY OF HENDERSONVILLE TO: Board of Mayor and Aldermen I hereby nominate ____________________________________ Jerry Luszczak to serve a _______ 5 year term on the ______________________________________. Historic Zoning Commission (Name of Board) Incumbent’s Name: ___________________________ Robert Parker Ward: _____________ _______________________________________ Mayor/Alderman ______________ _______________ Ward Date 34  Hendersonville Metrics July 2024 FINANCE LOCAL SALES TAX REVENUE July-May, 5% 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 May 2023 vs. May 2024 Local Sales Tax = $70,270 in growth Investment Earnings = $151,813 up from $91,723 in April 2023 LOCAL SALES TAX REVENUE July - May, $926,537 from Prior Year 25,000,000 20,000,000 19,182,349 18,255,812 15,000,000 16,829,320 10,000,000 5,000,000 - FY 2022 FY 2023 FY 2024 35  LOCAL SALES TAX & PERMIT REVENUE YTD 2.43% 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 3.38 % 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 36 PUBLIC SAFETY FIRE - CALLS FOR SERVICE July - June, YTD 4% 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 POLICE - CALLS FOR SERVICE July - June, YTD 2.77 % 4,500 3,500 2,500 1,500 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 CALLS FOR SERVICE, JULY - JUNE 60,400 40,400 40,191 43,273 42,075 20,400 400 8,754 8,222 7,895 FY 2022 FY 2023 FY 2024 YTD FIRE YTD POLICE 37 CODES RESIDENTIAL PERMITS ISSUED COMMERCIAL PERMITS ISSUED YTD 19.00% From Prior Year YTD 105% From Prior Year 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 14,000 JULY - JUNE 12,000 8509 8492 9654 10,000 8,000 6,000 4,000 3958 3983 2,000 3226 0 FY 2022 FY 2023 FY 2024 YTD Permits YTD Inspections 38 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 COMMERCIAL PROJECTS PROJECTS APPROVED YTD APPROVED 120 YTD from Prior Year 57.78% 100 62 14 71 12 80 45 10 60 8 6 40 44 42 4 20 2 24 0 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2022 FY 2023 FY 2024 FY 2022 FY 2023 FY 2024 YTD Residential YTD Commercial Commercial activity is up, residential activity is down, compared to FY23. 39 PARKS Upcoming Events July Event Location Type of Event 1-6 USSSA SE Nationals DCP/Vets Park Softball 3 Freedom Festival Drakes Creek Park Community Event 4-7 Pastime Nationals Drakes Creek Park Baseball 6 Grass Volleyball Memorial Park Volleyball 8-13 TN Fastpitch Nationals DCP/Vets Park Softball 11-13 Pastime Nationals #2 Drakes Creek Park Baseball 13 Nashville Ignite Volunteer Park Box Lacrosse 15-20 USSSA SE Nationals #2 DCP/Vets Park Softball 17-18 Pastime Nationals #3 Drakes Creek Park Baseball 19-21 Net Elite Drakes Creek Park Baseball 20 BRASS Volunteer Park Community Event 26-28 GMB World Series Drakes Creek Park Baseball 28-30 Cal Ripken All Stars Veterans Park Baseball 29 Touch A Truck Drakes Creek Park Community Event 40 PUBLIC WORKS PAVING (IN LANE MILES) STORMWATER PROJECTS - 35 YTD 30 30 28 29.11 25 27 27.84 25 20 20 15 15 10 10 5 5 0 0 Budgeted Completed Budgeted Completed CAPITAL PROJECTS RIGHT OF WAY (ROW) Property Limits Determined Survey Work Appraisals Offers Project Total Tracts Complete Ordered Complete Ordered Complete Submitted Accepted Walton Ferry / Old Shackle 86 86 86 86 86 86 86 84 Realignment Drakes Creek / Durham Farms 5 5 5 5 5 5 5 3 Roundabout Drakes Creek at 11 11 11 11 11 9 1 0 Stop 30 Exit 8 13 13 5 5 5 0 0 0 41 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 Procurement / Contract Specialist Finance Planner Planning Records Clerk Police Police Officer (eligibility list) Police Traffic Engineer Public Works 42