Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING August 27, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR MARK BURGDORF, 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 IlM WATERS, ALDERMAN, VICE-MAYOR RACHEL COLLINS, ALDERMAN The August 27, 2024, BOMA meeting was opened with prayer led by Jason Tomlinson, Children's Pastor of Community Church of Hendersonville. The Pledge of Allegiance was led by Mayor Clary. AGENDA Garza moved; Goodwin seconded a motion to accept the August 27, 2024, agenda. Clary stated he would like to add an Executive Session to the Agenda. Roberson moved; Dixon seconded a motion to amend the agenda by adding an Executive Session as number 9 after the BOMA Report. There was no discussion, and the amendment was approved unanimously. Clary declared the amendment to the motion carried. Clary asked the Board to acknowledge waiving the two-week rule for Item #4 under Ordinances and Resolutions. MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGE2 The motion to accept the agenda as amended was approved unanimously. Clary declared the motion carried. PRESENTATIONS There was a presentation of the August Beautification Awards by Kathy Paschal of Beautiful Hendersonville. Each residential winner received a gift card from Greg Yandell of Ace Hardware. Prior to the presentations, Mayor Clary acknowledged improvements to the bridge on Gallatin Road over Drakes Creek by Beautiful Hendersonville. Ward 1 - Tony and Deborah Hunter - 179 Cumberland Dr. Ward 2 - Jeff Napier - 102 Saranac Trail Ward 3 - Travis and Elizabeth Greene - 147 Victoria Lane E. Ward 4 - James "Stoney" Stonehocker - 93 Hidden Pt. Ward 5 - Ronnie and Karen Daughtry - 138 Bluegrass Drive Ward 6 - Tim and Nicole Colli - 101 Berryfield Court Business - Ma & Paws - 379 E. Main St. - Todd and Kristy Doherty PUBLIC HEARING None MINUTES Sasse moved; Garza seconded a motion to approve the August 13, 2024, minutes. There was no discussion. There was a unanimous vote approving the minutes. Clary declared the motion carried. CITIZENS' COMMENTS Tyrone Jay of 1019 Mansker Park Drive addressed the Board in opposition to Ordinance 2024-12. He resigned from his position on the Board of Zoning Appeals (BZA) when he learned that the members were going to be paid. When he was given the opportunity to opt out of receiving pay, he agreed to serve on the BZA once again. He still opposes payment citing that the BZA has only met two times in the past year and the $100.00 per month currently proposed is too much in that case. Mr. Jay also pointed out that the BZA, being a high-profile board, deals with items that can be contentious. He also stated that once paid, you are no longer a volunteer. He encouraged the Board to vote no on this ordinance. MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGE3 CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second reading of Ordinance 2024-09, an ordinance amending Hendersonville Municipal Code Title 2, Chapter 4, Section 2-401, extending the terms of Golf Course Commission members. Roberson moved; Garton seconded a motion to approve Ordinance 2024-09. Clary explained the reason for this ordinance was due to all members' terms expiring at the same time. By extending some of the members' terms, it would create staggered term expirations. There was a unanimous vote to approve Ordinance 2024-09. Clary declared the motion carried. The caption was read for second reading of 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. Clary moved; Garza seconded a motion to approve Ordinance 2024-12. Clary explained in the budget process there was an appropriation of funds to pay the aforementioned boards. This ordinance makes the Hendersonville Municipal Code contain the permission to pay said boards. Clary added that the boards that were chosen were boards that have final decision-making authority. Burgdorf stated his opposition to the ordinance as there were still several unknowns such as whether the board members would be paid by 1099 or W-2, the taxable status, etc. He also added that when the first vote was taken on this ordinance all three (3) Finance Committee members voted against it. Burgdorf offered an amendment to defer the vote on Ordinance 2024-12 to obtain more information and answer questions such as: 1. The financial side, 2. Is paying volunteers effective? 3. Is it efficient? 4. Do you get better product? Director Gallo explained that historically all board members have been paid by W-2 as the City controls the schedule of the boards which negates the definition of a 1099 contractor. MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGE4 Director Ingersoll stated the financial implications would be a $31,200 year over year expenditure and is included in the budget. The $31,200.00 may be returned to the General Fund or budget at mid-year review. Burgdorf moved; Sasse seconded a motion to defer Ordinance 2024-12 for a month to obtain more inforn1ation. Clary stated there was no time crunch to pay the members as inquired by Burgdorf. He called attention to the fact that the aldermen are paid. When running for office some aldermen consider it service; some aldermen in the past have donated their salary to charities. Clary noted that those on the boards included in the ordinance would be getting paid much less than the aldermen and are making decisions with significant weight on the City's behalf. If deferred, it just means they will go longer being unpaid. He noted the Planning Commission is paid. He is unaware if there is some sort of gauge that measures whether someone works better because they're paid or if there is any way to measure that. Roberson asked Burgdorf if he would be open to a compromise to change his amendment to pay the named boards' members $100 per meeting, not to exceed $100.00 per month. Burgdorf appreciated the effort but declined Roberson's suggestion as there are too many unknowns. Burgdorf noted just because we have the money in the budget doesn't mean we have to spend it. Sasse expressed his support of deferring the ordinance saying he would also like to hear from other members of the other boards and committees as they had not been heard from. Peterson asked if the last sentence in the ordinance could be changed to include 2024 Board of Zoning Appeals instead of 2024 Zoning Ordinance. Clary stated the Zoning Ordinance governs the Board of Zoning Appeals, but he would ask that Attorney Wray look over it to see if changes need to be made. There was a six (6) to five (5) vote to defer Ordinance 2024-12 with voting as follows: Aye: Burgdorf, Dixon, Martin, Peterson, Sasse, and Skidmore. Nay: Garton, Garza, Goodwin, Roberson, and Clary. Absent: Collins and Waters. Clary declared the motion carried to defer Ordinance 2024-12. The caption was read for second reading of Ordinance 2024-13, an ordinance fixing the rate of real and personal property taxation in the City of Hendersonville, Sumner County, Tennessee. Burgdorf moved; Dixon seconded a motion to approve Ordinance 2024-13. There was no discussion and Clary declared the motion passed unanimously. MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGES The caption was read for first reading of Ordinance 2024-14, an ordinance amending Hendersonville Municipal Code Title 18, the Storm Water Management Ordinance, to comply with the new Tennessee Department of Environment and Conservation Small MS4 permit (Subject to approval by the Board, pursuant to Ordinance 2002-12) Goodwin moved; Skidmore seconded a motion to approve Ordinance 2024-14. Discussion included Peterson asking for clarification of whether the need for the ordinance is to comply with the new TDEC permitting process, that it is for Stormwater discharge, who regulates the discharge process, the cost of the permit process, does the City have a choice in the matter and have there been any violations in the past. Director Long responded by explaining TDEC's new requirements for the MS4 permit were established in 2022 and this ordinance is the realization of meeting those requirements and the City coming into compliance. Long stated as a City we don't detain all our own stormwater: it is discharged to waters of the State, hence the reason for the MS4 permit. There are staff resource costs as current staff will be absorbing the additional duties with no immediate plans for new staff. For the most part, the City does not have a choice in the matter to continue discharging stormwater. Director Long clarified the text in the ordinance in black is meeting the minimum requirements; the words in red are notations of discretionary items inserted by staff mainly as clarifications that have been learned along the way that clarifies processes and requirements. While Director Long is not aware of any violations, she cannot confirm with 100% surety there have been no violations. Sasse asked Director Long if any of the words in red would be recommended to not accept to which Long replied "no" and went on to say that she was involved in the process and had direct input into those items and all are reasonable and improve and clarify the program. Martin inquired about penalties and fines that had been discussed asking if there would be a matrix to identify such. Long responded there would be one in the policy, but it is not required for the ordinance. As part of the permit there are a lot of operating procedures and processes that are required, one being an Enforcement Response Plan, which is basically documentation of what is already being done, that would be adopted by reference and would include a matrix. Once that is finalized it will probably go through Public Works Committee then BOMA as a Receive and File item. Without objection, both Skidmore and Peterson were added as sponsors to Ordinance 2024- 14. Roberson clarified that funding comes out of Stormwater and not property taxes. He asked whether approving this would improve our streams and environment to which Director Long replied "Yes". There was a unanimous vote to approve Ordinance 2024-14. Clary declared the motion carried. MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGE6 The caption was read for Resolution 2024-30, a resolution amending the Job Classification List and Pay Table. Goodwin moved; Garza seconded a motion to approve Resolution 2024-30. There was no discussion and Clary declared the motion passed unanimously. OTHER AGENDA ITEMS Roberson moved; Garton seconded a motion to reappoint Jimmy Head to the Parks Board. There was no discussion and Clary declared the motion passed unanimously. REPORTS Brief Committee Reports Finance-Dixon • Met August 27, 2024. • Discussed Ordinance 2024-15, an ordinance amending budget ordinance 2024-08 to reflect final year adjustments to the City's 2025 fiscal year budget. The committee was given a list of adjustments of expenditures that need to be made as the City rolls from one fiscal year to the next. There was an amendment to the Deer Herd and Monitoring Committee line item in which funding was requested in the amount of $17,000.00 for deer surveys. The amendment and the ordinance passed committee unanimously. Public Works-Skidmore • Met August 27, 2024. • Discussed Resolution 2024-27, a resolution to adopt a private outdoor fee- based activity permit and policy in City parks as recommended by the Board of Parks and Recreation. Coming to BOMA in two (2) weeks. • Discussed Resolution 2024-29, a resolution authorizing the City's Department of Parks and Recreation to apply for a Property Conservation Grant with Public Entity Partners. Coming to BOMA in two (2) weeks. • Trash Collection Update-Doing well. Complaints are down. • Light Synchronization-Doing very well. Documents have been sent to TDOT who has approved the preliminary plan for the City. • The Public Works Committee asked for an ordinance to be developed and ready to discuss at the next Public Works Committee meeting for speed limit reduction to 25 mph in some residential areas. Skidmore noted this ordinance was proposed by Alderman Roberson. • Paving projects are underway. Milling is being done now, then paving will begin. The cost for paving one mile is $135,000.00. BOMA Report-Eckenroth • Report is in the packet. MINUTES OF REGULAR MEETING AUGUST 27, 2024 PAGE7 • The "Investing in Hendersonville" page is live on the City's website and will be updated on a monthly or quarterly basis. This page will be including a report from Director Ingersoll monthly showing the PIPP information. It is formatted to work on mobile phones. • Pickleball courts had a soft opening. The Department of Parks and Recreation and Public Works were applauded for the great work and cost savings on the Pickleball courts. The courts were formerly grass fields intended for flag football but because lights were able to be placed on other fields for that purpose, this area provided the opportunity for pickleball courts. Previously, bids for 4 courts came in around $1.3 million dollars. The Parks Department was able to construct these courts at a cost of approximately $120,000.00 - $130,000.00. There will be a ribbon cutting later. • Roberson requested to know by the next BOMA meeting if the lights at the pickleball courts were operational. • Peterson noted that local sales tax and permit revenue was up 2.42%. Knowing that United Way, the Chamber of Commerce, and FEMA stepped in to help those affected by the tornado, Peterson questioned whether we know if those businesses have reopened and whether people are getting their jobs back. Eckenroth stated his understanding is the biggest struggle for some of these businesses has come from . . msurance issues. • Peterson pointed out the statistic of 165,000 cars coming through Drakes Creek Park in July 2024. • The Transportation Plan Survey results have been added to the City's website. This will be a good tool for BOMA to use to prioritize transportation needs in the City. • Roberson requested that the Employee Recognition Award for Efficiency be part of the BOMA Report and for those making suggestions to be recognized. The Board entered Executive Session at 8:00 pm and returned at 8:19 pm. Upon motion by Peterson and second by Goodwin there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 8:20 p.m. ~-/4-- Approved: Jamie Clary, Mayor