Board of Mayor & Aldermen

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN August 13th, 2024, at 7:00 p.m. 101 Maple Drive North, Hendersonville, TN 37075 Pages I. Call to Order by the Mayor II. Acceptance of Agenda III. Presentations A. Presentation of the July Beautification Awards by Beautiful Hendersonville IV. Public Hearing V. Minutes A. Approval of the July 9th, 2024, meeting minutes 3-10 VI. Citizens’ Comments VII. Consent Agenda VIII. Ordinances and Resolutions Clary, 1. First reading of Ordinance 2024-09, an ordinance amending Hendersonville 11-15 Roberson Municipal Code Title 2, Chapter 4, Section 2-401, extending the terms of Golf Course Commission members Clary 2. First reading of Ordinance 2024-12, an ordinance amending Hendersonville 16-19 Municipal Code, Title 2, Chapter 2, Board of Parks and Recreation; Title 4, Chapter 2, Golf Course Commission; Title 8, Chapter 2, Beer Board; and the 2024 Zoning Ordinance to establish compensation for members of certain boards Clary 3. First reading of Ordinance 2024-13, an ordinance fixing the rate of real and 20-23 personal property taxation in the City of Hendersonville, Sumner County, Tennessee Clary 4. Reading of Resolution 2024-28, a resolution authorizing the City to apply for the 24-28 Public Entity Partners “Safety Partners” grant (Subject to approval by the Board, pursuant to Ordinance 2002-12) IX. Other Agenda Items 5. Appointment of a Management Review Committee member X. Reports 6. Brief Committee Reports: 1. General - Peterson 2. Public Safety – Goodwin 3. Planning – Martin Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822- 1016 at least 24 hours prior to the meeting. 1  7. BOMA Report 29-37 XI. Adjournment 2 Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING July 9, 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 LEE PETERSON, ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE ABSENT KAREN DIXON, ALDERMAN The July 9, 2024, BOMA meeting was opened with prayer led by Jason Cline, Men’s Pastor of Indian Lake Peninsula Church, and Chaplain of the Fellowship of Christian Athletes. Mayor Clary led the Pledge of Allegiance. AGENDA Goodwin moved; Garza seconded a motion to approve the July 9, 2024, agenda. Garza moved; Goodwin seconded a motion to amend the agenda by removing the presentation of the BAPS proclamation and grouping Items 3 through 9 for a single vote. The motion to amend the agenda was approved unanimously. Collins explained the Arts Council membership representation had become confusing due to current members moving outside their ward yet remaining on the Council and the redistricting affecting members by no longer being in the ward for which they were originally nominated to represent. There is a need for another member to have the 3 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 2 correct number of members on the Council, but by making this reappointment, Ward 6 will have no representation due to the aforementioned. The Ward 6 aldermen were spoken to and agree with the forthcoming reappointment. Collins asked for an exception and made the following motion: Collins moved; Goodwin seconded a second amendment to the agenda to add Item 10, Cemile Logue, to be reappointed to the Arts Council. The motion to approve the second amendment to the agenda was approved unanimously. The motion to approve the June 11, 2024, agenda as twice amended was unanimously approved. Clary declared the motion carried. PRESENTATIONS There was a presentation of the June Beautification Awards by Kathy Paschal of Beautiful Hendersonville. Greg Yandell of Ace Hardware presented each winner with an Ace Hardware gift card. Ward 1 - Shannon and EG Bright - 110 Riveria Ward 2 - Bob and Louise Morris - 125 Cherokee Rd. Ward 3 - Jack and Pat Garrison - 225 Iris Dr. Ward 4 - Diana South - 122 West Ridge Dr. Ward 5 - Cathie Davidson - 122 Tamaras Dr. Ward 6 - Sandra Kandros - 200Wessington Place Business - John and Robin Shaffer - 230 Rockland Road PUBLIC HEARING None MINUTES Goodwin moved; Roberson seconded a motion to approve the June 11, 2024, minutes. There was no discussion. There was a majority vote of ten (10) to two (2) approving the minutes with voting as follows: Aye: Burgdorf, Collins, Garton, Garza, Goodwin, Martin, Roberson, Skidmore, Waters, and Clary Nay: None Abstain: Peterson and Sasse Clary declared the motion carried. 4 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 3 CITIZENS’ COMMENTS The guidelines for Citizens’ Comments were read by Mayor Clary. Darlyn Farris of 109 Elissa Drive addressed the Board by reading excerpts from the Tennessee Constitution, Article 11, Section 13, and other articles regarding punishment for violating the hunting laws. Ms. Farris also read from Tennessee Code [Annotated] 2021 Chapter 4, Part 1 and other chapters relating to hunting on private property. Steven Rozek of 110 S. Laurens Way addressed the Board regarding several aspects of the deer population issue with concerns that the data provided by TWRA may be skewed and requested the Board consult the rules and regulations of TWRA before culling 30% of the deer herd. CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second and final 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. Skidmore moved; Roberson seconded a motion to approve Ordinance 2024-11. Sasse asked City Attorney Lance Wray to explain the timeframe of when the ordinance can be enacted. Attorney Wray explained that while the State of TN statute says the ordinance cannot go into effect within 60 days of passage, the Department of Revenue requires 90 days. After the ordinance has passed two readings, been published, and sent to the Department of Revenue, the 90 days start after that. The statute also states that the ordinance cannot be enacted prior to October 1, 2024. Sasse commented that the October 1 date could probably be met, but it would be close. He feels February 1, 2025, is too long to wait and questioned why would the City wait that long to enact the ordinance. Sasse suggested a date of November 1, 2024, which is 145 days from the second reading of this ordinance. Sasse moved; Collins seconded a motion to amend Ordinance 2024-11 by adjusting the effective date from February 1, 2025, to November 1, 2024. Attorney Wray stated that the language in Section Four of Ordinance 2024-11, “both at the State level and the local level” should be removed. Clary asked what happens if the State is not ready. 5 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 4 Attorney Wray stated that if the State is not ready, the City cannot move forward. He went on to say that the City is not getting a breakdown of the sales tax as to what is groceries and what is not. There are some implementation challenges on the side of the City because of what the State cannot provide. Clary further questioned if the City passed the ordinance and the State is not ready, what obligation do grocery vendors have to collect the tax with the State telling them they have to collect it. Attorney Wray stated while it is confusing, if the City passes the ordinance and the State is not ready, then the ordinance will not go into effect. The issue that comes into play is what if the State is ready and the City is not. It could be challenging to figure out how to account for the tax as it has its own special account. Roberson commented the reason he changed the enactment date to February 1, 2025, was because the State has never done this before and historically, they miss deadlines. He does not want to promise the citizens something and it not happen. He is comfortable with the original language and urged the Board to disapprove the amendment. Burgdorf asked what the problem would be if the State was not ready by October 1, 2024. Director Ingersoll explained she has posed questions to the State, and she is still waiting for some answers. One question was how the City would know what the additional ½ penny sales tax revenue is when the groceries are reduced off the sales tax; being able to distinguish between the regular local option sales tax and the additional revenue. The State does not have a calculation to determine that information so the amount going into the PIPP fund would be an estimate and not actual numbers. Director Ingersoll is working with the State to get them to provide the information so the City knows exactly how much to distribute into the new PIPP fund. She clarified the issue is not implementing the change in the tax rate; it is the State being able to provide the information to the City so the ½ penny local option sales tax increase can be accounted for as the Board voted. Director Ingersoll further explained the State views the sales tax as General Fund dollars going for general purpose use but the Board voted to track those separately to be more accountable to the citizens on where the increase was going. Burgdorf questioned if the change to the November 1, 2024, date was approved by BOMA and the State was not ready by then, what would happen. Attorney Wray stated the ordinance would not go into effect until the State says it can go into effect. He stated he isn’t sure if that would cause legal confusion as to when retailers are collecting and maybe even paying and the City not being allowed to accept it. Sasse questioned what happens if the enactment date passes and the State has not been able to break it down at that point. Garza voiced even though he wishes the residents would be able to take advantage of the sales tax decrease as soon as possible and especially for the upcoming holidays, he is in 6 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 5 support of Roberson’s original effective date of February 1, 2025. Sasse reiterated the legislation specifically stated they needed 90 days. He sees no need to take the additional time as the City is giving them an additional 55 days which should be enough time for the City to do whatever is needed. The motion to amend failed four (4) to eight (8) with voting as follows: Aye: Burgdorf, Collins, Martin, and Sasse. Nay: Garton, Garza, Goodwin, Peterson, Roberson, Skidmore, Waters, and Clary. Clary declared the motion to amend failed. Briefly revisiting Attorney Wray’s earlier comments regarding removal of language, he stated it is a typo and can be corrected without amending the ordinance. The was a unanimous vote to approve Ordinance 2024-11. Clary declared the motion carried. The caption was read for Resolution 2024-26, a resolution approving the Sumner County inmate services agreement. Peterson moved; Goodwin seconded a motion to approve Resolution 2024-26. Without objection, Peterson was added as a sponsor. Sasse questioned the supervision of the inmates by a City Employee. Parks Director Gilley responded stating there is staff with specific job titles that include the supervision of inmates. They receive special training from the county. Sasse questioned whether the City employees were armed. Director Gilley stated while the City does not arm the employee, they could be armed with the training from HPD and the new laws that went into effect a few months ago. Sasse questioned the City’s liability as mentioned in the Staff Notes on page 22, number 2 in the second paragraph, asking as to who the lack of liability would apply. Attorney Wray stated the City would not be liable for inmate injury or escape or inmate causing injury to anyone else, per State law. The exception would be if the City employee was grossly negligent. In that case, the most the City would be liable for would be the medical bills for the injury to the inmate. That has nothing to do with the contract between the City and the County; that is State Law. (TCA 41 - 3 - 107) Burgdorf asked if there were any other costs to the City above the $4.50/day for the monitoring device. Director Gilley responded they are picked up from jail, brought to the park and taken back. The City is required to provide lunch while the inmates are working and they are provided clothing so they are not in inmate uniforms while working in the parks. In the past, the budget has been approximately $13,000.00 - $15,000.00 for inmate 7 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 6 expenditures for a crew of 3-4 working 30 hours per week. There was no line item for this expenditure budgeted this year so there will be a need for a mid-year budget adjustment. Peterson commented that the selected inmates are typically Trustees. This agreement frees up Parks employees to be able to work in other areas. He is in full support of using the inmates as City staff have gone above and beyond by receiving training from the County to supervise inmates. At a cost of $4.50/day, there is a substantial cost savings for the City. There was a unanimous vote to approve Resolution 2024-26. Clary declared the motion carried. OTHER AGENDA ITEMS Goodwin moved; Garza seconded a motion to approve Items 3 through 9 as a group. Clary explained the redistricting required after the 2020 census has had an impact on these reappointments as well as the next item coming up. Ken Hesson, currently representing Ward 2 is being nominated for an at-large, mayoral appointment. Jeremiah Bennett, currently a mayoral appointment, is being nominated to represent Ward 5. Both Ward 5 aldermen have agreed to this change. Bubba Perry, currently representing Ward 5 is being nominated to represent Ward 2. Both Ward 2 aldermen have agreed to this change. Peterson shared he was in favor of keeping the four Parks Board members up for reappointment. The following reappointments and appointment were unanimously approved: Reappointment of Nicholas Gamble to the Hendersonville Arts Council. Reappointment of Meredith Hunter to the Industrial Development Board. Reappointment of Jeremiah Bennett to the Parks Board. Reappointment of Ken Hesson to the Parks Board. Reappointment of Bob Montoya to the Parks Board. Reappointment of Robert Perry to the Parks Board. Appointment of Jerry Luszczak to the Historic Zoning Commission. Clary declared the motion carried. Clary explained he was making the nomination for Cemile Logue as the filling of a seat not representing the ward the occupant is from requires a mayoral nomination. Clary moved; Garton seconded a motion to reappoint Cemile Logue to the Arts Council. There was a unanimous vote to approve the reappointment of Cemile Logue to the Arts Council. Clary declared the motion carried. 8 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 7 REPORTS Brief Committee Reports General-Peterson-Details of Report Given by Jason Gallo • Met July 9, 2024. • Discussed Ordinance 2024-09, an ordinance amending Hendersonville Municipal Code Title 2, Chapter 4, Section 2-401, extending the terms of Golf Course Commission members. This ordinance will change the terms of serving from two (2) years to four (4) years and put the members on rotation, so everyone is not coming off at the same time. Unanimously approved. • Discussed Ordinance 2024-12, an ordinance amending Hendersonville Municipal Code, Title 2, Chapter 2, Board of Parks, and Recreation; Title 4, Chapter 2, Golf Course Commission; Title 8, Chapter 2, Beer Board; and the 2024 Zoning Ordinance to establish compensation for members of certain boards. Compensation was approved during the budget process, but this amendment gives the board members the option to be paid. They would be paid retroactively. Some members do not want to be paid for volunteering their service to the City. Unanimously approved. • Discussed Resolution 2024-26, a resolution approving the Sumner County Inmate Services Agreement. Unanimously approved. Public Safety-Goodwin • Met July 9, 2024. • Discussed the sledding at Country Hills Golf Course would be stopped due to extensive damage and repair cost from people sneaking onto the golf course. • Discussed the use of UTVs in Drakes Creek Park. The use will be stopped for the time being. • Discussed motorized vehicles on the Greenway as being illegal. • Prayers for Danny Ellis were requested. Planning-Martin • Met July 2, 2024. • Approved the Molly Walton Industrial Site Plan – 157 Molly Walton Drive –adding more warehouse distribution uses. • Approved the Development Plan for Music City Studios – Molly Walton Industrial – Added Light Manufacturing use. • Staff Level Projects approved included Birdie Bros Outdoor Patio Site Plan, Edmonton State Bank exterior color change, and Millstone Phase 2 parking lot. • Staff Level Projects pending include Broken Paddle Outfitters Outbuilding. • Planning Director comments included there is an up-tick in pre-application meetings from developers. It is expected to continue to see that grow. • Jim and Nick’s BBQ has submitted a project to be discussed in the August meeting. • Falcon Ridge has requested a decrease in lot size to take advantage of more open spaces. 9 MINUTES OF REGULAR MEETING JULY 9, 2024 PAGE 8 BOMA Report-Eckenroth • Report is in the packet. • Sales Tax will finish approximately 2.5% above budget for the year. • Commercial Permits are up over 100 % from the prior year and residential permits are down. • Thanks to Parks, Fire, HPD and the Chamber for the July 3rd Freedom Fest event. • Thanks to Annette Hunter for first-time preparation of the BOMA packets and getting them out on time with a short holiday week. She and Tamara have expanded their roles to make the City operations more efficient. • The new trash service contract started. There have been less calls than expected. • Capital Projects meeting July 11, 2024, to discuss the Transportation Plan. • Impact Fees-Consultant has been re-engaged and will be coming to the Board around September or October once data has been put together to support fees. Peterson inquired as to whether the City had received the Certified Rate from the County for Property Tax. It has yet to be received. Upon motion by Goodwin and second by Garton there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 8:03 p.m. Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 10  ORDINANCE 2024-09 Sponsors: Clary and Roberson AN ORDINANCE AMENDING HENDERSONVILLE MUNICIPAL CODE TITLE 2, CHAPTER 4, SECTION 2-401, EXTENDING THE TERMS OF GOLF COURSE COMMISSION MEMBERS WHEREAS, the Hendersonville Municipal Code (H.M.C.), Title 2, Chapter 4, Section 2-401 provides that the City’s Golf Course Commission members are appointed for terms of two years (unstaggered); WHEREAS, the City has determined that to improve the efficiency and effectiveness of the Golf Course Commission, members’ terms should be extended to four-year terms, which should also be staggered: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE that Hendersonville Municipal Code, Title 2, Boards and Commissions, Chapter 4, Golf Course Commission, Section 2-401, is hereby amended as follows: Section One: Section 2-401. is hereby amended by deleting the word “two” in the third sentence and replacing it with the word “four”; and further adding a sentence after the third sentence which reads as follows: “At the expiration of the current members’ terms expiring on January 11, 2025, the member’s term originally appointed on 10/19/2015 shall expire, the member’s term originally appointed on 01/22/2019 shall be extended for a term of one (1) year, the members’ terms originally appointed on 12/01/2022 shall be extended for the terms of two (2) years, the appointment (or re-appointment) of the member’s term originally appointed on 08/11/2020 shall be extended for (1) year. At the expiration of any such terms thereafter, the appointment (or re-appointment) shall be for the term of four (4) years.” 2-401. Established; composition; vacancies. A Golf Commission (hereinafter "the commission") is hereby established for the purpose of monitoring and making recommendations with respect to Hendersonville's Country Hills Golf Course. The commission shall be composed of five (5) persons active in and knowledgeable of golfing activities who are residents of the City of Hendersonville. All members are to be appointed by the mayor with approval by the board of mayor and aldermen for two four-year terms or until successors are appointed. “At the expiration of the current members’ terms expiring on January 11, 2025, the member’s term originally appointed on 10/19/2015 shall expire, the member’s term originally appointed on 01/22/2019 shall be extended for a term of one (1) year, the members’ terms originally appointed on 12/01/2022 shall be extended for the terms of two (2) years, the appointment (or re-appointment) of the member’s term originally appointed on 08/11/2020 shall be for a term of one (1) year. At the expiration of any such terms thereafter, the appointment (or re-appointment) shall be for the term of four (4) years.” Members of this commission may be reappointed as terms come to an end. Any vacancies that occur shall be filled for the balance of the term in the same manner as original appointments by the mayor and board of mayor and aldermen. This ordinance shall take effect at the earliest date allowed by law. First Reading: ___________________________ Second Reading: ___________________________ 11  O24-09 Page 2 APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, City Attorney 12  O24-09 Page 3 LEGISLATIVE HISTORY Ordinance 2024-09 Sponsors: Clary and Roberson Committee: General Date of Committee: May 14th, 2024 Committee Recommendation: Deferred to June 11th, 2024 General Committee Meeting Committee: General Date of Committee: June 11th, 2024 – Cancelled Date of Committee: July 9th, 2024 Committee Recommendation: Yes First BOMA Reading: August 13th, 2024 13 DATE: August 13, 2024 ORDINANCE/RESOLUTION # Ordinance 2024-09 BOMA is being asked to extend the terms of the Golf Course Commission members from 2 years to 4 years, and SPECIFIC REQUEST/ RECOMMENDATION: that the terms become staggered. This would amend STAFF HMC Title 2, Chapter 4, Section 2-401. REPORT REPORT PREPARED BY: Lance Wray BACKGROUND: 1 The Golf Course Commission monitors and makes recommendations with respect to Hendersonville's Country Hills Golf Course. The commission is composed of five (5) persons active in and knowledgeable of golfing activities who are residents of the City of Hendersonville. All members are to be appointed by the mayor with approval by the board of mayor and aldermen. Currently, the appointments are for two-year terms (unstaggered) or until successors are appointed. Members of this commission may be reappointed as terms come to an end. The Duties and Powers of the Commission are as follows (2-404): (1) Policies and regulations. To formulate for city management or agent a written set of operating policies, rules, and regulations which promote orderly and substantial use of the golf facilities, subject to the approval of the board of mayor and aldermen. (2) Facilities. To supervise the construction, modification, operation, maintenance, and improvements to Country Hills Golf Course, with said activities to be properly coordinated with the Capital Projects Committee and Finance Committee of the board of mayor and aldermen. (3) Rates and fees. To set rates and fees that are designed to meet the profit objectives necessary to retire construction debt, maintain and equip the course, and accumulate a reserve fund for emergency expenditures or planned improvements and expansions, if any, with all such activities being subject to the approval of the board of mayor and aldermen. (4) Appeals. To hear complaints and suggestions from the public regarding the operational rules and regulations of the golf course, and to actively solicit citizen's comments for consideration. Annual operating plan (2-407). The commission also shall prepare an annual operating plan that includes projections of rounds played, cart rentals, and pro shop revenues with accompanying expenses. The operating plan shall include profit contributions to debt service, reserve fund, or general fund. Any short fall in cash shall also be projected that would require short-term borrowing. Copies of the annual operating plan shall be submitted to the board of mayor and aldermen through the finance director by May 1 of each year to coincide with preparation of the city budget. Operational Oversight (2-408). The City of Hendersonville Parks Department (“Parks”) shall serve as the department liaison for the Board of Mayor and Aldermen with the Golf Course Commission on operational and facility matters. Parks will annually evaluate the facility needs of Hendersonville’s Country Hills Golf Course and make recommendations to the Golf Course Commission and the Public Works Committee when appropriate. Parks will also have a representative attend the meetings of the Golf Course Commission. 14 DISCUSSION: 2 This Ordinance amends HMC to change Commission members’ terms from 2 years to 4 years, and to make the terms staggered. Two-year terms for the Commission members have tended to be inefficient and ineffective. This has also been the case for terms that are not staggered. Extending the members’ terms to 4 years, that are staggered will improve this. Member Current Expiration Proposed Extension Danny Bell 01/11/2025 01/11/2027 Todd Burnham 01/11/2025 01/11/2025 Chris Fehrmann 01/11/2025 01/11/2027 Chris Maynord 01/11/2025 01/11/2026 Rob Plenger 01/11/2025 01/11/2026 FISCAL IMPACT: 3 None 15  ORDINANCE 2024-12 SPONSOR: Clary AN ORDINANCE AMENDING HENDERSONVILLE MUNICIPAL CODE, TITLE 2, CHAPTER 2, BOARD OF PARKS AND RECREATION; TITLE 4, CHAPTER 2, GOLF COURSE COMMISSION; TITLE 8, CHAPTER 2, BEER BOARD; AND THE 2024 ZONING ORDINANCE TO ESTABLISH COMPENSATION FOR MEMBERS OF CERTAIN BOARDS WHEREAS, the voting members of the following boards/commissions currently serve without compensation: Board of Parks and Recreation, Golf Course Commission Beer Board; and Board of Zoning Appeals WHEREAS, given the time and demands of the voting members of these boards/commissions, the City desires to establish compensation for the voting members of these boards/commissions: NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, as follows: Section One: Hendersonville Municipal Code, Title 2, Chapter 2, Board Of Parks And Recreation, is hereby amended by adding a new Section 2-205 as follows: 2-205. Compensation. All voting members of the Board of Parks and Recreation shall be compensated at a rate of one hundred dollars ($100) per month. If desired, the voting member may opt out of receiving such pay. Section Two: Hendersonville Municipal Code, Title 4, Chapter 2, Golf Course Commission, is hereby amended by deleting Section 2-403 in its entirety and substituting language that reads as follows: “All voting members of the Golf Course Commission shall be compensated at a rate of one hundred dollars ($100) per month. If desired, the voting member may opt out of receiving such pay.” 2-403. Compensation. All members of the commission shall serve as such without compensation. All voting members of the Golf Course Commission shall be compensated at a rate of one hundred dollars ($100) per month. If desired, the voting member may opt out of receiving such pay. Section Three: Hendersonville Municipal Code, Title 8, Chapter 2, Beer Board, is hereby amended by deleting the last sentence in Section 8-201 and substituting language that reads as follows: “All voting members of this board shall be compensated at a rate of one hundred dollars ($100.00) per month. If desired, the voting member may opt out of receiving such pay.” 8-201. Beer board created; membership. There is hereby established a beer board to be composed of seven (7) members who shall be appointed pursuant to Ord. #1982-38, as amended. The staggered terms in effect for the beer board in existence at the time of passage of this ordinance shall remain in effect, and all appointments shall be for three-year terms. Any vacancy in membership shall be filled for the remainder of the unexpired term. The 16  officers shall be selected annually by the board from among its membership. All members of this board shall serve without compensation. All voting members of this board shall be compensated at a rate of one hundred dollars ($100.00) per month. If desired, the voting member may opt out of receiving such pay. Section Four: The 2024 Zoning Ordinance (revised Ordinance 2023-26), Chapter 2, Section 2.3, Board of Zoning Appeals, Subsection 1.E., shall be deleted and replaced with language to read as follows: “Voting members of the Board of Zoning Appeals shall be compensated at a rate of one hundred dollars ($100.00) per month. If desired, the voting member may opt out of receiving such pay.” E. Members shall serve with such compensation as may be fixed by the Board of Mayor and Aldermen; Voting members of the Board of Zoning Appeals shall be compensated at a rate of one hundred dollars ($100.00) per month. If desired, the voting member may opt out of receiving such pay. This ordinance shall take effect at the earliest date allowed by law, with an effective date of July 1, 2024. First Reading: ___________________________ Second Reading: ___________________________ APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: ________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, City Attorney 17  LEGISLATIVE HISTORY Ordinance 2024-12 Sponsor: Clary Committee: General Date of Committee Meeting: July 9th, 2024 Committee Recommendation: Yes First BOMA Reading: August 13th, 2024 18 DATE: August 13, 2024 ORDINANCE/RESOLUTION # Ordinance 2024-12 SPECIFIC REQUEST/ To bring the City code in line with the recent decision to RECOMMENDATION: pay members of four citizen committees STAFF REPORT REPORT PREPARED BY: Jamie Clary, Mayor BACKGROUND: 1 Within the recently approved FY25 budget, BOMA decided to pay members of four additional citizen committees. They are the Board of Zoning Appeals, Beer Board, Golf Course Commission, and Parks Board. However, within the city code are prohibitions on paying some city committees. This change will enable the budgeted funds to be paid to the members of these four boards. This ordinance allows a committee member to opt out of receiving pay. DISCUSSION: 2 This is really a clean-up action. The primary decision—to pay members of these committees—was made when the budget was approved. I and the staff were stuck in a classic chicken-and-egg situation: Should we first change the code to allow members to be paid? Or should we appropriate money first to make sure we even need to change the code? Both actions are needed to pay members of these four committees. FISCAL IMPACT: 3 The four committees have a total of 26 citizen members. The pay that was appropriated is $100 per month. Assuming that all members accept pay, the City would pay out $31,200 during the next fiscal year. That amount is funded by the budget that was approved for the current fiscal year. ATTACHMENTS: 4 None 19  ORDINANCE 2024-13 Sponsor: Clary AN ORDINANCE FIXING THE RATE OF REAL AND PERSONAL PROPERTY TAXATION IN THE CITY OF HENDERSONVILLE, SUMNER COUNTY, TENNESSEE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE as follows: Section One. Within the corporate limits of the City of Hendersonville, Sumner County, Tennessee, there is hereby levied and fixed on each $100.00 worth of property, real and personal, as assessed by the Sumner County Tax Assessor and approved by the County Equalization Board of the Tennessee Public Service Commission, a tax for fiscal year 2025 of $.5883 to be applied and used for the corporate purpose of the City of Hendersonville, Tennessee. Section Two. The property taxes herein imposed shall be due and payable on the first day of October 2024 and shall be considered delinquent on the first day of March 2025, and on the first day of each succeeding month. Section Three. This ordinance shall take effect at the earliest date allowed by law. First Reading: ___________________________ Second Reading: ___________________________ APPROVED: __________________________ ATTEST: JAMIE CLARY, Mayor __________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, City Attorney 20  LEGISLATIVE HISTORY Ordinance 2024-13 Sponsors: Clary Committee: Finance Date of Committee Meeting: July 23, 2024 Committee Recommendation: Yes First BOMA Reading: August 13, 2024 21 22 DATE: August 13, 2024 ORDINANCE/RESOLUTION # Ordinance 2024-13 That the Board of Mayor and Alderman consider approving SPECIFIC REQUEST/ Ordinance 2024-13 setting the rate of real and personal RECOMMENDATION: property taxation in the City of Hendersonville STAFF REPORT PREPARED BY: Tamara Ingersoll – Finance Director REPORT BACKGROUND: 1 A complete property reappraisal is required every five years and was completed for tax year 2024, FY2025. Using the updated appraisal values a new certified tax rate is established that ensures that overall the City remains revenue neutral compared to the prior year. On an annual basis, the City is required to set the rate of taxation, which typically occurs in conjunction with the annual budget cycle. However, on reappraisal years, the annual budget must be approved prior to the certified tax rate being available. DISCUSSION: 2 For the past 5 years the tax rate for the City has been set at .9187. The new certified tax rate is .5883 and is sufficient to meet the amount budgeted for FY25. Setting the tax rate at the new certified tax rate will ensure that the property taxes citywide do not increase. However, most property owners will see minor changes to their property tax bills. Included below are examples based on two actual properties in the City of Hendersonville to demonstrate the minor impact. Example 1 had an increase of $9, Example 2 had a decrease of $6. PROPERTY TAX CHANGE - EXAMPLE 1 PROPERTY TAX CHANGE - EXAMPLE 2 OLD NEW CHANGE OLD NEW CHANGE Appraised $205,800 $327,800 $122,000 Appraised $349,805 $542,198 $192,393 Assessment Rate 0.25 0.25 - Assessment Rate 0.25 0.25 - Assessed $ 51,450 $ 81,950 $ 30,500 Assessed $ 87,451 $135,550 $ 48,098 Tax Rate 0.9187 0.5883 -0.3304 Tax Rate 0.9187 0.5883 -0.3304 Taxes Owed $ 473 $ 482 $ 9 Taxes Owed $ 803 $ 797 $ (6) FISCAL IMPACT: 3 There will be no fiscal impact to the City as the proposed rate of taxation of .5883 is in line with the dollar amount that was included in the FY25 budget. The proposed tax rate keeps the city revenue neutral, meaning overall, there is no increase in property taxes. ATTACHMENTS: 4 1. Ordinance 2024-13 23  RESOLUTION 2024-28 Sponsor: Clary A RESOLUTION AUTHORIZING THE CITY TO APPLY FOR THE PUBLIC ENTITY PARTNERS “SAFETY PARTNERS” GRANT WHEREAS, the safety and well-being of the employees of the City of Hendersonville is of the greatest importance; WHEREAS, all efforts are made by the City to provide a safe and hazard-free workplace for the City’s employees; WHEREAS, Public Entity Partners provides risk management products and services to Tennessee governmental entity members such as liability insurance coverage the City currently purchases from Public Entity Partners; WHEREAS, Public Entity Partners offers a “Safety Partners” Matching Grant Program that helps its member governmental entities purchase essential employee safety devices, equipment, education, training and other personal protective equipment (“PPE”) to encourage the establishment of a safe workplace; and WHEREAS, the City desires to participate in this important program: NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City is hereby authorized to submit an application for the “Safety Partners” Matching Grant Program through Public Entity Partners, which will be a matching grant of some sum for the City’s expenditures on such items listed above; and the Mayor is hereby authorized to execute the necessary documents to accomplish such application. 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 24  LEGISLATIVE HISTORY Resolution 2024-28 Sponsor: Clary Committee: General Date of Committee Meeting: August 13, 2024 Committee Recommendation: 25 DATE: 08/13/2024 ORDINANCE/RESOLUTION # Resolution 2024-28 Ask the board to consider the approval of resolution to allow the Administrative Services Department to apply for SPECIFIC REQUEST/ RECOMMENDATION: a Safety Grant with Public Entity Partners for the purpose STAFF of purchasing items to reduce work related injuries and accidents REPORT REPORT PREPARED BY: Jason Gallo – Administrative Services Director BACKGROUND: 1 Public Entity Partners is offering up to $4,000 in matching funds in the form of a 50/50 match program. The grant is to “purchase safety and loss prevention items or training aimed at reducing work related injuries and accidents”. The matching funds must be used for employee safety-related items. DISCUSSION: 2 Employee safety continues to be an important focus. Departments have included personal protective equipment (PPEs) in their FY25 budget. We will use these funds to offset the costs associated with purchasing safety items. Safety and loss prevention items could include: • Protective Clothing / Reflected Vests • Foot Protection / Safety Shoes • Eyes and Face Protection • Hand Protection • Hearing Protection • OSHA Training • Items identified or recommended as loss prevention / control items on a property conservation loss control survey The Administrative Services Department will work with the Safety Committee and Department Heads to identify items that can be submitted for reimbursement. FISCAL IMPACT: 3 We will be looking to spend around $8,000 from all department budgets across city departments. These funds have already been appropriated in departmental budgets for FY25, and we will be reimbursed for $4,000 of the expenses of these items. ATTACHMENTS: 4 1. 2024-2025 PEP Judy Housley Safety Partners Matching Grant Program Guidelines 26  2024-2025 Judy Housley Safety Partners Matching Grant Program Guidelines We are pleased to announce that on the 27th year of offering this program the grant will now be titled the Judy Housley Safety Partners Grant. OBJECTIVE: To help eligible members purchase safety items designed to reduce workers’ compensation claims. The Judy Housley Safety Partners Grant provides funding for Public Entity Partners members to purchase safety and loss prevention items or training aimed at reducing work related injuries and accidents. Please read this information in its entirety before completing the application: 1) Public Entity Partners will reimburse up to 50 percent of the cost of the safety-related approved item(s) with a maximum reimbursement based upon earned workers’ compensation premium from the previous year. 2) Matching grant funds must be used for employee safety related items. 3) Entity must be an existing member and must currently have workers’ compensation coverage as of 7/1/2024. 4) Entity must be in good standing and in compliance with previous loss control recommendations. 1 27 DEADLINE: Friday, August 16, 2024 (close of business) GRANT NOTIFICATION DATE: Week of September 9, 2024 ELIGIBILITY: Available ONLY to members with Workers’ Compensation Coverage as of July 1, 2024. Your expenditure may be made between July 1, 2023 and April 1, 2025. RULES FOR PARTICIPATION 1. Applications must be submitted online. The application is DATE SENSITIVE and is subject to available funds. 2. A signed Resolution or Motion (by the appropriate official: mayor or chairman of the board) passed by the governing body of the city/agency MUST BE provided. For boards of local government agencies that do not pass resolutions, a Motion is attached and may be signed by the appropriate Executive. In addition, also available on our website, please find a “fillable” Model Resolution/Motion, for your convenience. NOTE: If your resolution/motion cannot be approved and signed when your application is ready, you may submit the application only. However, the resolution/motion must be sent by no later than October 1, 2024. Since the application is date sensitive, it is NOT necessary to submit the application and resolution/motion together. Please note that your grant reimbursement check will not be sent to you until we have received the document. 3. Public Entity Partners will reimburse approved grants for one-half of the paid expenditures (50 percent), up to the maximum funding level for the participant's assigned classification. 4. If the Grant Committee approves your application, you will be asked to submit proof of payment(s) for your safety-related purchased item(s) before we can process your grant check. Invoices alone will NOT be used as proof of payment. Please see Page 3 for mandatory checklist of items needed for Grant reimbursement. 2 28  Hendersonville Metrics August 2024 FINANCE LOCAL SALES TAX REVENUE July-June, 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 June 2023 vs. June 2024 Local Sales Tax = $77,503 in growth Investment Earnings = $143,311 down from $155,795 in June 2023 LOCAL SALES TAX REVENUE July - June, $1,004,040 from Prior Year 25,000,000 20,000,000 20,990,882 19,986,842 18,526,608 15,000,000 10,000,000 5,000,000 - FY 2022 FY 2023 FY 2024 29  LOCAL SALES TAX & PERMIT REVENUE YTD 2.42% 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 0.3% 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 30 PUBLIC SAFETY FIRE - CALLS FOR SERVICE July, YTD 21.6 % 900 800 700 600 500 400 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2023 FY 2024 FY 2025 POLICE - CALLS FOR SERVICE July, YTD 13.4 % 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 2023 FY 2024 FY 2025 31  CALLS FOR SERVICE, JULY 2024 4,900 4,400 4,030 3,900 3,419 3,491 3,400 2,900 2,400 1,900 1,400 900 400 777 605 736 FY 2023 FY 2024 FY 2025 YTD FIRE YTD POLICE HPD - LPR CONTACTS 9 8 7 6 5 4 3 2 1 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2024 FY 2025 32 CODES RESIDENTIAL PERMITS ISSUED COMMERCIAL PERMITS ISSUED YTD 6 % From Prior Year YTD X43% 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 2023 FY 2024 FY 2025 FY 2023 FY 2024 FY 2025 RESIDENTIAL ACTIVITY 1,600 JULY 1,400 1083 1,200 1,000 698 684 800 600 400 200 320 276 293 0 FY 2023 FY 2024 FY 2025 YTD Permits YTD Inspections 33 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 2023 FY 2024 FY 2025 COMMERCIAL PROJECTS PROJECTS APPROVED YTD APPROVED 12 YTD from Prior Year 80% 10 14 9 12 8 5 10 5 6 8 6 4 4 4 2 2 2 0 1 0 JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2023 FY 2024 FY 2025 FY 2023 FY 2024 FY 2025 YTD Residential YTD Commercial 34 PARKS Upcoming Events August Event Location Type of Event 3 Grass Volleyball Memorial Park Volleyball 10 USSSA Softball All-Stars Drakes Creek Park Softball 10 Motorless 5K Poker Run Mallard Point Community Event 17 Food Truck Festival Veterans Park Community Event 17-18 Cool Hockey Volunteer Park Hockey 17-18 USGF Softball Drakes Creek Park Softball 16-18 USTA Junior Tennis Memorial Park Tennis 17 Grass Volleyball Memorial Park Volleyball 23-24 Night Fever Cross Country Sanders Ferry Park HS Cross Country 19-21 Net Elite Drakes Creek Park Baseball 35 PUBLIC WORKS STORMWATER PROJECTS - PAVING (IN LANE MILES) - YTD YTD 60 25 50 23 49.26 20 40 15 30 10 20 5 10 0 1 0 2.72 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 86 Realignment Drakes Creek / Durham Farms 5 5 5 5 5 5 5 3 Roundabout Drakes Creek at 11 11 11 11 11 11 10 0 Stop 30 Exit 8 13 13 5 5 5 0 0 0 36 HUMAN RESOURCES 389 Budgeted Fulltime Positions by Department - FY2025 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 Administrative Assistant II Parks Property Maintenance Techician Police Assistant Planner Planning Police Officer (eligibility list) Police 37