Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING SEPTEMBER 10, 2024 PAGEJ CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING September 10, 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 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 The September I0, 2024, BOMA meeting was opened with prayer led by Brian Smart, Minister of Young Adults and Community Outreach at First Baptist Church Hendersonville. The Pledge of Allegiance was led by Girl Scout Troop 296. AGENDA Goodwin moved; Burgdorf seconded a motion to accept the September 10, 2024, agenda. Clary stated he would like to remove Item 7, Executive Session from the Agenda and have it in two weeks. Garton moved; Garza seconded a motion to amend the agenda by removing Item 7, Executive Session from the agenda. There was no discussion, and the amendment was approved unanimously. The motion to accept the agenda as provided and previously amended was approved unanimously. Clary declared the motion carried. MINUTES OF REGULAR MEETING SEPTEMBER l 0, 2024 PAGE2 PRESENTATIONS There was a presentation by Girl Scout Troop 296 for work done on the Walton Ferry Arboretum. A video of the work was shown showcasing before and after pictures. Girl Scout troop members Vivienne, Mac, Kaley, Zoey, Margie, Emma, and Harper addressed the Board with detai1s of the project and how they improved the arboretum. Obtmning the Bronze A ward was the goal for the Junior Gfr] Scouts in the troop. It is the highest award a Junior Girl Scout can receive. They chose the arboretum because they noticed it could use some attention and it had lost its certification as a wildlife habitat. Requirements for the project included it must be a permanent fixture in the community and each scout must contribute a minimum oftwenty (20) hours of work. They worked closely with the Army Corps of Engineers, parents, and troop leaders. As a team, some of the work they compJeted included building and installing eleven (11) birdhouses, cleaning and painting all benches, cleaning all signs in the wildflower garden, logging all the tree species by their common and scientific names and supplying the log to the Army Corps of Engineers. They weeded, planted the flower boxes with native plants, and obtained the wildlife certification for the arboretum. The monarch population was aided by planting milkweed, sign place cards for each tree were cleaned and damaged ones replaced. They also pmnted the handicap parking spaces and hid hand-painted rocks throughout the arboretum for members of the community to find. The troop took a walk through the arboretum with Wildbirds Unlimited Hatching Group and were able to see nests built and eggs in some of the birdhouses they had placed along the way. They also saw endangered bumble bees in the wildflowers. Tennessee Urban Forestry Council is working with the Army Corps to provide the recertification which will take place next week. The project left the troop with a good feeling about what they had accomplished, and they learned the importance of giving back to the community. They encouraged a visit to the arboretum and requested any trash be picked up and to leave no trace. Mayor Clary presented a proclamation to HolidayFest as the City of Hendersonville, being the Sister City of Whoville since 2007, begins the holiday season starting September 1, 2024 and ending February 2025. The City ofHendersonvi11e has been selected to lead the holidays in Tennessee in the areas of the annual Hendersonville Christmas parade and tree lighting and other annual events including the Indian Lake Loop, Sparkle Noel Fashion Show, The Festival of Lights, Christmas Tree Elegance, the boat parade, gingerbread competition and the Santa breakfast to benefit all Sumner County charities. These holiday events honor community, creativity, literacy, charity, and tradition and also honor volunteers, King, Queen, and Royal Court. Sister City Whoville wi11 be honored along with the Parks Department with the 9th annual Ms. Cindy Lou Who writing contest. Larry Phillips spoke on behalf of HolidayFest stating this begins the nineteenth (19th) year of holiday festivities and helping local 501 (c) organizations raise money for their charities. Festivities begin September 11 with the Champions of Valor breakfast which will honor the Deputies of Sumner County with a special award going to late Sheriff Sonny Weatherford. Other upcoming fund-raising events include Swnner Food and Wine Festival, Appalachian dinners, Football for the Cure, Pigfest, and the HolidayFest Ball. MINUTES OF REGULAR MEETING SEPTEMBER I 0, 2024 PAGE3 There was a presentation of a proclamation for Constitution Week to the Daughters of the American Revolution (DAR) Sumner County Chapter. September 17, 2024, marks the 23 7th anniversary of the framing of the Constitution of the United States of America by the Constitutional Convention. Present to accept the proclamation and address the Board regarding Constitution week was Cynthia Rouch, Chapter Regent of the General Jethro Sumner Chapter of the Daughters of the American Revolution, joined by Nancy Gilley, Honorary Chapter Regent and Chapter Historian Helen Marshall. The Chapter has been serving Sumner County for 93 years, organized October 21, 1931, and serves as the only DAR Chapter in Sumner County. To become a member, proof must be provided to document you are a direct descendent of someone who served in the American Revolutionary War. The DAR is the largest women's volunteer organization in the United States. In 2023, the Sumner County Chapter of 160 members volunteered over 10,000 hours in the community in which they served veterans, active-duty military, schools, and women's and children's support organizations in the community. Ms. Rouch emphasized the importance of two specific documents in American history; the Declaration of Independence which forged our nation's identity and the Constitution which set the framework for our government. The US Constitution is still the oldest constitution in the world today and the basic document of our republic. Constitution Week is observed every year during the week of September 17th through September 23rd as an annual commemoration of the living document that upholds and protects our freedoms. Ms. Helen Marshall, Chapter Historian, is responsible for all the Constitution Week displays all over Sumner County. Ms. Rouch invited everyone to attend the reading of the Preamble and ringing of the bells at the Tennessee State Capital at 2:00 pm on September 20, 2024. Ms. Rouch ended the presentation by reading the Preamble. PUBLIC HEARING None MINUTES Garza moved; Burgdorf seconded a motion to approve the August 27, 2024, minutes. Burgdorf moved; Sasse seconded a motion to amend the minutes by adding the following to the August 27, 2024, minutes: On page four (4) of the August 27, 2024, minutes (page six (6) of the packet), after the first sentence Burgdorf asked the minutes to reflect "The $31,200.00 may be returned to the General Fund or budget at mid-year review". On the same page, after the sentence "Burgdorf appreciated the effort but declined Roberson's suggestion as there are too many unknowns" he asked that it state "Burgdorf noted just because we have the money in the budget doesn't mean we have to spend it." There was no discussion. There was a majority vote of eleven (11) to zero (0) to two (2) approving the changes to the minutes with voting as follows: MINUTES OF REGULAR MEETING SEPTEMBER 10, 2024 PAGE4 Aye: Burgdorf, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, and Clary. Nay:None. Abstain: CoUins and Waters Clary declared the motion carried. There was a majority vote of eleven (11) to zero (0) to two (2) approving the minutes as amended with voting as follows: Aye: Burgdorf, Dixon, Garton, Garza, Goodwin, Martin, Peterson, Roberson, Sasse, Skidmore, and Clary. Nay: None. Abstain: CoUins and Waters Clary declared the motion carried. CITIZENS' COMMENTS None CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for second reading of Ordinance 2024-14, an ordinance amending Hendersonville Mm1icipal Code Title 18, the Storm Water Management Ordinance, to comply with the new Tennessee Department of Environment and Conservation Small MS4 permit. Peterson moved; Skidmore seconded a motion to approve Ordinance 2024-14. There was a unanimous vote to approve Ordinance 2024-14. Clary declared the motion carried. The caption was read for first reading of Ordinance 2024-15, an ordinance amending Budget Ordinance 2024-08 to reflect Final Year adjustments to the City's 2025 Fiscal Year Budget. Dixon moved; Burgdorf seconded a motion to approve Ordinance 2024-15. Clary explained the need for the ordinance by stating there are several projects that take more than a year to complete. For each year's budget the amount of what will be used is estimated. When the new fiscal year budget is being prepared, estimates are made MINUTES OF REGULAR MEETING SEPTEMBER 10, 2024 PAGES as to what will be spent by the end of the current fiscal year. When the fiscal year ends, the estimates need to be corrected to reflect what was actually spent. The Finance Committee has some recommendations to present as an amendment to Ordinance 2024-15. Dixon explained the summation of the Finance Committee's recommendations can be found on page 97 of the packet. She asked Burgdorf to explain more about the seventh ('7111) item of recommendations, which was additional funds requested for two (2) deer surveys. Burgdorf stated the deer surveys have been recommended by both the USDA and TWRA in order to get an accurate count of the number of deer and potential damages or lack thereof to gage whether the Deer Herd Monitoring and Control Committee's efforts of education, deer infonnation websites, and deer activity are making a difference. The surveys would use FLlR radar technology to get an accurate count of deer to see whether there have been improvements. Dixon noted that the Finance Committee was unanimous in their decision to make the aforementioned recommendations. Director Ingersoll distributed a handout of Exhibit A, the Budget Amendment Worksheet, noting the additional amendment items recommended by.the Finance Committee. Dixon moved; Sasse seconded a motion to amend Ordinance 2024-15 by adding the seven (7) additional recommendations from the Finance Committee shown on Exhibit A to the Budget amendment with a net result of $17,000.00. Roberson inquired about the supplemental pay for Police Officers. Director Ingersoll explained the supplemental pay is an additiona) $800.00 for Certified Police Officers obtained by a second annual supplement Chief Jim Jones applied for and was awarded. 113 officers qualified for the second supplemental pay. It is a State grant in which the City serves as a pass through to the officers. Martin inquired about line 50 on Exhibit A, Contributions from Developers. Director Ingersoll explained that entry goes in line with line 49 for a traffic signal at MapJe Row and Main Street. The original budgeted amount last fiscal year was $390,000.00 and a $60,000.00 purchase order was executed in Fiscal Year 2024 so the remaining amount has to be moved forward to complete the installation of the traffic signal. There was a unanimous vote to approve the motion to amend Orclinance 2024-15. Clary declared the motion carried. There was a unanimous vote to approve Ordinance 2024-15 as amended. Clary declared the motion carried. MINUTES OF REGULAR MEETING SEPTEMBER l 0~2024 PAGE6 The caption was read for Reso]ution 2024-27, a reso]ution to adopt a private outdoor fee- Base activity pennit and policy in City parks as reconunended by the Board of Parks and Recreation. Attorney Wray explained that initially the legislation was drafted as a resolution but upon further evaluation, he determined it is more regulatory in nature. He recommends that the resolution be changed to an ordinance. Peterson moved; Skidmore seconded a motion to amend Resolution 2024-27 by changing Resolution 2024-27 to Ordinance 2024-19. Sasse inquired as to whether this needed to go back to committee. Attorney Wray feels it does not as it is the same subject matter, nothing in the body of the document will change and it's been properly noticed with the content. There was a unanimous vote to amend Resolution 2024-27 by changing ResoJution 2024- 27 to Ordinance 2024-19. Clary declared the motion carried. Dixon asked for an explanation of Ordinance 2024-19 as she had some questions. Director Gilley stated the Parks Department receives a variety of requests for use of the parks' space and facilities. This is a way to let staff know who is in the parks doing business. Dixon clarified that the fee charged would be a one-time fee for the season, using the example of someone wishing to conduct a yoga class in the park once a week. Director GiHey confirmed that to be accurate. Dixon asked for an example to illustrate the language stating that this policy was in line with several other cities in Middle Tennessee. Director Gilley gave GoodlettsviJle as an example stating that other cities have recreation/community centers whereas Hendersonville does not. Instead ofhiring staff for pickleball instruction for example, these centers allow people to obtain pennits to come in for activities. Goodwin moved; CoJlins seconded a motion to approve Ordinance 2024-19. Clary declared the motion passed unanimously. The caption was read for Resolution 2024-29, a resolution authorizing the City's Department of Parks and Recreation to apply for a property conseIVation grant with Public Entity Partners. Peterson moved; Skidmore seconded a motion to approve Resolution 2024-29. MINUTES OF REGULAR MEETING SEPTEMBER 10, 2024 PAGE7 There was no discussion. There was a unanimous vote to approve Resolution 2024-29. Clary declared the motion carried. OTHER AGENDA ITEMS None REPORTS Brief Committee Reports General-Peterson-Report given by Director Gallo • Met September 10, 2024. • Discussed Resolution 2024-33, a Resolution in honor ofPat Campbell to name the Sanders Ferry Greenway the "The Pat Campbell Greenway". Deferred back to the Facilities Naming Committee to be more specific on the section to be named. • Discussed Ordinance 2024-18, an Ordinance rezoning 4.84 acres located at the intersection of Saundersville Road and Wyncrest Way from Suburban Residential Low-Density (SR-1) to General Commercial, Planned Development Plan (GC-PD), to be known as Wyncrest (Moon Nursery) Commercial Plaza. Garza recommended a change to the ordinance when coming to BOMA to not allow loose or unbagged soil. Planning-Matiin • Met September 3, 2024. • Approved the following Site Plans: 1. Jim'N Nick's- Site Plan 2. Rio Bravo - Site Plan 3. Freehill Lot 4C- Site Plan- Buffer requirement, but it backs up against a rock wall and the bypass is on the other side of the wall, making the buffer. • Approved the following Development Plans: t. Wyncrest (Moon Nursery) Commercial Plaza - FLUTP Amendment 2. Wyncrest (Moon Nursery) Commercial Plaza - CDP The owner previously came with a plan proposing an extended stay hotel and a gas station. Neighbors had concerns with that option and the plan was withdrawn. A new owner has come back with the nursery proposal. The neighbors like that it will be a shorter building but have concerns about odors. Before this goes to BOMA, the owner will come back and show that TDOT approves of the truck traffic going in and out of the property and the ability to use Saundersville Road. • Deferred to October 1, 2024 HPC Meeting: 1. Futbol5 - CDP Amendment - Developer requested to delete 94 parking spaces from the original proposed and required amount by Planning. The Planning Commission encouraged them to come back with more site supported parking MINUTES OF REGULAR MEETING SEPTEMBER 10, 2024 PAGE8 spaces. It was deferred to allow the developer to return with another plan. 2. JLR Caldwell Dr - PDP - 155 Caldwell Drive. Neighbors voiced concerns with being in flood plain. Developer wanted to build 21 new lots ranging from 15,000 square feet - 22,000 square feet. The City is investigating some dirt that may or may not have been brought in. Deferred giving the developer an opportunity to come back with a different site plan. • Approved the followine Plats: 1. Mansker Farms Phase 19 Section IA-Fina] Plat - There was found language that lots eight (8) and nine (9) were to be transferred to the City for a Fire Station. The transfer has not happened to date. lt was approved, but not officially until the two lots have been transferred. • Staff Leve] Projects, Approved 1. Music City Studios-157 Molly Walton - CDP Amendment 2. SaundersvilJe Station Phase 8 Section 2 - Final PJat Amendment • Staff Level Pro lects, Pending 1. 1041 Avondale Parking Lot (1041 Avondale Rd) Site Plan / S 8/16/24 2. Alexander Commercial (281 East Main St) Final Plat / S 08/23/24 3. Broken Paddle Outfitters Outbuilding (167 East Main St) Site Plan / A 04/12/24 4. Drakes Creek Inn (179 West Main St) Site Plan/ S 08/20/24 5. Retreat at Indian Lake Mail Center (908 Cardinal Ln) Site Plan/ S 08/23/24 6. Verizon Small Cell (203B N Anderson Lane) Site Plan / A 05/02/24 7. Verizon Small Cell (215A Indian Lake Blvd) Site Plan / A 05/02/24 • Planning Director comments included an upcoming annual training session. Public Safety-Goodwin • No meeting BOMA Report-Eckenroth • Report is in the packet. • Sales Tax for July is up over 7%. • General Fund Operating Expenditures are up about the same amount. • Highlighted a County Commission meeting coming up September 16, 2024, in which the City wiJl be addressing the roundabout project at Durham Fanns. • Transportation Plan Workshop coming up September 18, 2024. A fonnal notice will be sent out for a ful] BOMA workshop presented by the Capital Projects Committee. The draft Transportation Plan will be discussed. • Burgdorf inquired as to the status of the new study for impact fees. Eckenroth stated the consultant was not available until September to begin the study. In the meantime, data has been gathered and completed. The consultant has been notified that the City is ready to start. • Garza inquired about the report showing Police calls going up significantly. Eckenroth explained that Chief Jones is reporting calJs for service differently than the previous chief by including all calls for service, such as an officer providing road assistance. Goodwin motioned to amend the agenda to obtain more information about the roundabout at Durham Farms. Clary explained that it would take a 2/3 majority of positive votes to MINUTES OF REGULAR MEETING SEPTEMBER 10, 2024 PAGE9 amend the agenda and even with that, it could not be considered. Goodwin withdrew the motion. Roberson inquired ofEckenroth to briefly state what happened at the Sumner County Commission meeting Monday night Eckenroth summarized after being at the meeting for several hours, the project that the City has proposed was discussed. At the entrance of Durham Fanns is a 5-way intersection. Over a year has been spent with property owner coordination and design ofplans. The project was presented to the Highway Committee for the second time. The first time the project was presented to the Highway Committee, it was approved unanimously, and sent to the full Sumner County Commission. The Sumner County Commission sent it back to the Highway Committee without any discussion at the full Sumner County Commission. At the last meeting, the configuration of property owner considerations and if a redesign could be done. There were people for and against the project, largely people for the project; some spoke out against the project There was a lengthy debate of the merits of the project. It is now going back to the full Sumner County Commission on September 16, 2024, without recommendation and will be before them to discuss. The urgency on the City's part is that ARPA funds have been identified for the project with a firm deadline of expenditure by September 2026 via federal guidelines. This is a multi-million-dollar project with over $2 million dollars of ARPA funds. Director Lock estimates that the project wiJI require eighteen (18) months of construction. Roberson encouraged BOMA members' attendance to the September 16, 2024, meeting as representation is impactful. Sasse requested since the scope of police calls has been changed, could the types of calls be broken out. Eckenroth responded that he did have that information broken out into five (5) main categories. He stated he would prefer to send out the infonnation in a separate email as opposed to adding another page to the BOMA Report. Upon motion by Dixon and second by Goodwin there was a unanimous vote for approval to adjourn. ed the meeting adjourned at 8:01 p.m. A