Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING DECEMBER 10, 2024 PAGE 1 ClTY OF HENDERSONV[LLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETJNG December JO, 2024, at 7:00 P.M. 101 Maple Drive North, Hendersonvi Ile, TN 37075 PRESENT JAMIE CLARY, MAYOR MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN MARK EVANS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN MARK SKIDMORE, ALDERMAN DON WARD, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CJTY RECORDER DESIGNEE ABSENT KAREN DIXON, ALDERMAN The December I 0, 2024, BOMA meeting was opened by Andrew Newland of Boy Scout Pack #33 with prayer led by Socrates Holguin, Senior Pastor of Maranatha Assemblies of God. The Pledge of Allegiance was led by Boy Scout Pack #33. AGENDA Garton moved; Garza seconded a motion to accept the December I 0, 2024, agenda. Clary asked the wavier of the two-week rule on Item 6 be acknowledged. Sasse requested Item 1 on the Consent Agenda be separated from the group to discuss. Clary noted a request to separate does not require a motion. Without objection, Garton was added as a co-sponsor to Resolution 2024-44 and Roberson was added as a co-sponsor for Ordinance 2024-23. There was a unanimous vote to approve the agenda. MINUTES OF REGULAR MEETING DECEMBER I0, 2024 PAGE 2 Clary declared the motion carried. PRESENTATIONS The Knights of Columbus were recognized by Mayor Clary for their work on the Sanders Ferry Greenway. Tony Calderon, Tom Cirone and Mickey Straub were on hand for the recognition. M r . Straub moved to Hendersonville a year and a half ago. He stated he likes to get involved in the community and upon Mayor Clary' s encouragement revealed he was the Mayor of the town he moved from. Nails were pounded back in and 8,000 screws, provided by Parks, were added to the Greenway. He thanked Mayor Clary, J. Ritterbeck who obtained the go-ahead from Public Works, and Andy Gilley for their assistance in the project by Parks supplying the screws and Public Works supplying three stand-up screwdrivers. Steve (Doc) Bollig who is a volunteer with the local Knights of Columbus managed the project which took two (2) weeks to plan and one week to execute with ten members working on and off. Mr. Straub feels Hendersonville is a "City of Love". PUBLIC HEARING None. MINUTES Goodwin moved; Garton seconded a motion to approve the 11/25/2024 Special Called BOMA Meeting minutes. There was no discussion. There was a unanimous vote to approve t he 11/25/2024 Special Cal1ed BOMA meeting minutes. Clary declared the motion carried. Goodwin moved; Evans seconded a motion to approve the 11/26/2024 BOMA Meeting minutes. There was no discussion. There was a unanimous vote to approve the 11/26/2024 BOMA meeting minutes. Clary declared the motion carried. CITIZENS' COMMENTS None. MINUTES OF REGULAR MEETING DECEMBER I 0, 2024 PAGE 3 CONSENT AGENDA The caption was read for Resolution 2024-39, a resolution accepting the dedication of the unnamed right of way, Ind ian Lake Subdivision Re~Sub Sections 4, 5 and 8, located between 145 and 131 Indian Lake Boulevard in Hendersonville, Sumner County, Tennessee. Martin moved; Garza seconded a motion to approve Resolution 2024~39. Sasse asked what the reason was for accepting the unnamed right of way. Public Works Director Lock explained it was platted as a dedication to the City with approval of that development and it is recommended to go through the process for future development. She further explained the adjacent property owner wanted clarification of ownership and maintenance responsibility. There is potential for a future connection. Attorney Wray further explained it was dedicated in 1999, but the City never formally accepted it It went through the Planning Commission at that time and is needed for a clear title. Sasse asked if BOMA were to reject it, could it be purchased from the current owner. Director Lock isn' t sure if it can be purchased since it is platted. It would need to proceed through the process. Attorney Wray added the City would have to abandon it for the purchase to happen. Sasse proposed postponement of the resolution as he is not in favor and desires a clearer understanding of what is happening with the property. Martin shared the property is owned by DC Holdings, which is David Luckey. He feels this is simply a matter of wrapping up unfinished business of the street dedication to the City. Skidmore inquired ofthe location and zoning with concern fo r making a left tum onto Indian Lake Boulevard as well as whether apartments could be built. Di rector Lock stated she assumes it is commercial, but she is not sure of the uses, but apartments do not meet the character of the area. Ward inquired at some point was there not a plan in place to extend Cherokee by extending the stub to come out on Jndian Lake. His concern is that if it is not approved and maintained by the City, the ability to expand might be lost. Clary added that a vote against it could push developers and taxpayers away by violating the obligations that the City has to those who have developed commercial property. Burgdorf asked if there was a resolution to indicate that the City approved the plat in I 999. He is also not in favor of acceptance. Attorney Wray stated by approving the final plat in 1999, which stated the right of way dedication, accepting the dedication would be the function of the City. MfNUTES OF REGULAR MEETING DECEMBER 10, 2024 PAGE 4 Collins stated the City should honor what they said they would do. lf the City holds developers to their word, it should go both ways. Roberson inquired whether there would be an expenditure if accepted. Director Lock stated not now but could be in the future. Roberson asked could the City require off.site improvement of the developer of the prope1ty, such as paving to which Director Lock answered yes, it could. There was a majority vote of nine (9) to three (3) approving Resolution 2024·39 with voting as follows: Aye: Collins, Evans, Garton, Garza, Goodwin, Roberson, Skidmore, Ward, and Clary. Nay: Burgdort: Martin, and Sasse. Absent: Dixon. Clary declared the motion carried. The captions were read for Resolution 2024•44, a resolution accepting the dedication of the completed streets in Millstone Phases 1, 2, & 3 in Hendersonville, Sumner County, Tennessee, and Resolution 2024-45, a resolution accepting the dedication of the completed streets in Meadows of Indian Lake, Phase 4, Section 1, in Hendersonville, Sumner County, Tennessee. Goodwin moved; Burgdorf seconded a motion to approve the two (2) items remaining on the Consent Agenda. Skidmore stated Resolution 2024-44 & Resolution 2024-45 were both passed unanimously By the Public Works Committee. There was no discussion. There was a unanimous vote to approve Resolution 2024-44 & Resolution 2024-45. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read for second reading of Ordinance 2024-21, an ordinance establishing a special committee to be known as "The Lakeshore Committee". Burgdorf moved; Sasse seconded a motion to approve Ordinance 2024-2 1. There was no discussion. There was a unanimous vote to approve Ordinance 2024-21 on second reading. Clary declared the motion carried. MINUTES OF REGULAR MEETING DECEMBER l 0, 2024 PAGE5 The caption was read for first reading of Ordinance 2024-23, an ordinance amending budget ordinance 2024-08 to appropriate funds for the Eagle View Project. Roberson moved; Garza seconded a motion to approve Ordinance 2024-23 on first reading. Collins inquired whether the $94,200.00 would be adequate for the project. Director Lock stated it would not be, but it would help to get it started. Collins also asked if the City could hold the developer responsible for the difference between the surety bond and the actual cost to which Attorney Wray responded "yes'\ as that was the intent. Skidmore added Ordinance 2024-23 was passed unanimously by the Public Works Committee. Clary stated the amendment has urgency, with three (3) other items that need to be added to the budget amendment. Those include mast arms and signal at the Rockland Road and Gallatin Road crossing with a cost of approximately $98,000.00, an adjustment to the local option Sales Tax income with an increase of $300,000.00, and a revenue and expenditure adjustment for an HPD cybersecurity grant in the amount of $45,000.00 on each side. These items could be discussed tonight or be sent out to review for second reading. If these additional items were added, the caption of the ordinance would have to be re-worded. Exhibit A was passed out showing the additional adjustments. Sasse stated the Eagle View ordinance was approved at passed unanimously by the Finance Committee. He inquired whether the additional costs to ask the developer for were known. Director Lock explained not at this time as there is a design that's needed for the entrance to satisfy the TDOT pennit for the access. Collins prefers to add the additions at this meeting so the information can be provided to the citizens in the packet for the next BOMA meeting. She questioned procedurally the adding of an amendment to the agenda and then removing it. Clary explained if it were to be added tonight and failed, then someone brings the same motion up again at the next BOMA meeting he would call it out of order as essentially the same motion and nothing has changed. If someone brings it forward with a little bit of change, it would be allowed. If it is added tonight and passes, and someone wishes to remove it from the next BOMA meeting, Clary would call it out of order. Given that information, Collins is of the opinion that the items are not added tonight. Burgdorf also prefers to wait until the second reading to add the additional items. Sasse inquired when the HPD cybersecurity grant would be applied for. Eckenroth stated the revenue has been received and the adjustment is simply accounting for receiving it. Sasse inquired if the $98,000.00 came out of the General Fund to which Eckenroth stated it was a non-operating expenditure, so fund balance is expected to be used. MINUTES OF REGULAR MEETING DECEMBER 10, 2024 PAGE6 Sasse moved to add the items, postponing adjustments numbered three (3), four (4), and five (5). Clary inquired of Director Lock what would happen with the Rockland Road signal if the vote was delayed two (2) or three (3) months. Director Lock explained the materials were being delivered in January and the work should be completed within a couple of weeks from the materials being delivered. Clary explained that the project was in the previous budget but because of the ordering and delivery processes it was not completed in Fiscal Year 2024. When it came time to roll it forward for the Fiscal Year 2025, it missed being rolled forward, hence the need for this adjustment. Roberson was favorable of postponing the PTPP Fund adjustment and inquired whether staff has taken into consideration the drop in the PTPP fund due to the reduction of sales tax on groceries. Finance Director Ingersoll stated she feels the year-end estimates do take that drop into account come February and that it will be more than $300,000.00 above. Clary stated it was looking that it could be more like $600,000.00 - $800,000.00 above, just in the PIPP Fund. Roberson asked if some of the developers were to help pay for the signal to which Director Lock stated "yes''. Roberson prefers the Finance Committee to review the adjustments prior to the next BOMA meeting and bring back a recommendation. Sasse stated there could be a SpecjaJ Called Finance meeting prior to the next BOMA meeting to discuss these items further and would like to bring these items back up at second reading. There was a unanimous vote approving Ordinance 2024-23 on first reading. Clary declared the motion carried. The caption was read for Resolution 2024-46, a resolution authorizing the Fire Department to apply for an Assistance to firefighters Grant. Garton moved; Goodwin seconded a motion to approve Resolution 2024-46. Goodwin stated the resolution was passed unanimously by the Safety Committee with a positive recommendation. Without objection, Martin was added as a co-sponsor. There was a unanimous vote approving Resolution 2024-46. MINUTES OF REGULAR MEETING DECEMBER 10. 2024 PAGE 7 Clary declared the motion carried. OTHER AGEND ITEMS Skidmore nominated Roberson as the Capital Projects chair citing his experience and insight for the whole city as just a couple of reasons for his nomination. Garza agreed with Skidmore's comments of Roberson but chose to nominate Collins as the Capital Projects Chair. Collins respectfully declined and Garza withdrew the nomination. Skidmore moved; Goodwin seconded a motion to elect Roberson by acclamation as the Capital Projects Chair. There was a unanimous vote approving the appointment. Clary nominated Evans as the fifth Non-Profit Committee member. Evans accepted the nomination. There was no discussion. There was a unanimous vote approving the appointment of Evans as the fifth Non-Profit Committee member. Clary declared the motion carried. Garza stated the General Committee was good with the list compiled by the Committee on Committees for the citizen committee liaisons. Garza moved; Sasse seconded a motion to appoint the following members as liaisons to the following Citizen Committees: Arts Council - Collins Beautiful Hendersonville - Garza Beer Board - Goodwin Board of Adjustment/Appeals - Evans Board of Zoning Appeals - Sasse Deer Herd Mon. Committee - Burgdorf Disability (ADA) - Martin Facilities Naming - Dixon Golf Course Commission - Roberson Historic Zoning Comm. - Skidmore Industrial Dev. Board - Collins Lakeshore - Dixon Parks Board - Garton Personnel - Ward Planning Commission - Martin Stonnwater Appeals Board - Skidmore MINUTES OF REGULAR MEETING DECEMBER I 0, 2024 PAGE8 There was no discussion. There was a unanimous vote approving the appointments. Clary declared the motion carried. Roberson inquired about appointing the chairman for the Management Review Committee. Clary stated that would be handled at the January 14, 2025, BOMA meeting. BRIEF COMMITTEE REPORTS General - Garza • No meeting on December 10, 2024 Finance - Sasse • Met November 26. 2024 • Elected a Chainnan • Elected a Vice-Chairman (Burgdorf) • Elected a Secretary (Evans) • Discussed Ordinance 2024-23, an ordinance amending budget ordinance 2024-08 to appropriate funds for the Eagle View project • Cancelled the next Finance meeting due to the Christmas holiday Public Satet>: - Goodwin • Met December 10, 2024 • Discussed Reso lution 2024-46, a resolution authorizing the Fire Department to apply for an Assistance to Firefighters Grant. Passed unanimously. Public Works - Skidmore • Met December 10, 2024, for a special called meeting • Will reschedule the next Public Works meeting due to the regular meeting falling during Christmas week • Discussed Resolution 2024-47, a resolution approving the agreed purchase and sale of right-of-way located at or near the juncture of Drakes Creek Road, Avant Lane, Countryside Drive and Anderson Road. Moved to BOMA with no recommendation because all aldermen should make the decision. • Adjourned at 6:54 pm. • Wished everyone a Merry Christmas Planning - Martin • Met December 3, 2024. Approved the following Site Plans: • Fortune House - Site Plan. Opening at a new location - 123 Walton Ferry Road. • Redeemer Church Bui !ding Addition - Site Plan - located at 177 Bonita - 11,650 sq. ft addition MJNUTES OF REGULAR MEETING DECEMBER 10, 2024 PAGE9 Staff-Level Proiects A pproved: • I 041 Avondale Parking Lot • Cross Point Community Church Exterior Remodel • Stonecrest Phase 5 Section 2 Walking Trail Staff-Level Projects, Pending: • Broken Paddle Outfitters Outbuilding • Indian Lake Forest • Front Porch & Whataburger Parking Lot Addition • Hendersonville Football Stadium • Nokes Addition ( I08 Nokes Dr) • Stonecrest Phase 5 FDP Amendment • Tri Star Hendersonville Medical Center Parking Lot • Walmart Remodel • Discussed Resolution 2024-11: A Resolution recommending acceptance of the completed streets in Millstone Phases 1, 2, and 3, Hendersonville, Sumner County, Tennessee. • Discussed Resolution 2024-12: A Resolution recommending acceptance of the completed streets in Indian Lake Phase 5, Section 4, 5, and 8, Hendersonville, Sumner County, Tennessee. • Discussed Resolution 2024-13: A Resolution recommending acceptance of the completed streets in Meadows of Indian Lake Phase 4, Section I, Hendersonville, Sumner County, Tennessee. • Planning Director Comments notated upcoming Staff Training. • Merry Christmas to everyone! BOMA Report-Eckenroth • Eckenroth showed pictures of the new snowplow and salt boxes recently purchased as well as extra saJt. • Reminder of the Boat Parade December 14 at Mallard Point Park at 5:30 pm with fe-s tivities beginning at 5:00 pm. • BOMA Packet highlights: ✓ Revenues are up ✓ Steady growth in Sales Tax with $750,000.00 over the previous July to October period ✓ Public Safety calls are on trend with previous years ✓ LPR Cameras have had blue lights on over 25 vehicles ✓ Commercial and Residential permits are trending with previous years ✓ Paving and Stormwater projects are on schedule and half-way completed • Trash will be delayed one day on Christmas and New Years Day • Trevor Cole, a Parks employee has been named as the Employee of the Quarter • Burgdorf extended his thanks and appreciation to staff and Police who worked the Christmas Parade. • Burgdorf also inquired about the status of Big Play and that stretch of Gallatin Road. Eckenroth stated they were actively aware and working on it. • Collins inquired about the status of the trees down at Bradford Berry. Has an RFP been sent out? What is the City doing? Eckenroth responde.d that he is optimistic in MINUTES OF REGULAR MEETING DECEMBER 10, 2024 PAGE 10 being able to move forward. He, along with J. Ritterbeck and City Attorney Wray had discussions with GE' s legal counsel. There may be a path forward to remove the deed restrictions. GE's attorneys are reviewing the scope of the work and the deed restrictions. The City budgeted for soil samples and this week should see the initiation of the paperwork at the least, for the samplers to go on site. GE will review the analysis and based on that discussions will be had about removing the deed restrictions. • Collins questioned the status of the building if the deed restrictions were to be removed. Eckenroth responded it would be a significant budget adjustment. • Goodwin inquired as to whether there would be any exceptions to the amount of allowable trash pick-up or will it remain the same. Eckenroth explained that Director Lock gave forethought to that situation and included a provision in the contract that quantities don't apply during Christmas week. • Garza stated his desire to start targeting Trader Joes to come to Hendersonville. • Roberson inquired whether the City had been looking into state grants or historical grants to help pay for improvements to the Bradford Berry House to which Clary responded they have been with Lee Peterson's assistance. • Burgdorf stated the 50 I (c) 3 was in place and there are provisions in place to be able to accept funds at Vol State Bank. They are also looking at charity assistance to partner with in addition to looking at potential grants as aforementioned. Mayoral Report Clary believes the role of a government is to find solutions to problems. The cause of the problem is irrelevant. The highest priority solutions are those that benefit the most people and can be implemented most ef'liciently at the most sensible cost. Jobs, infrastructure and image have been his mainstay top three (3) priorities since coming into office. Clary feels the priority for a city government (this came from Mayor Hank Thompson) is to provide safety for the people who are here. Our police and fire depattments do a very good job of that. We have many other services in addition lo Police and Fire. The other services are where the next items come from. The following issues were emphasized with current impacts and possible solutions: • Homelessness • Illegal Immigrants/Non-license Drivers • Street Parking in Residential Neighborhoods • High Frequency Callers for the Fire Department • Utility Wires along West Main • Unattractive Buildings on West Main • Increasing Streetlight Maintenance and Costs • Lack of Landscaping along West Main Street • Increasing Electricity Expense at Parks • Decorative Signs Needing Replacement • Abandoned Buildings on West Main Street • Residents Feeding Wildlife MINUTES OF REGULAR MEETING DECEMBER 10, 2024 PAGE 11 • Multiple Fire Inspections for New Buildings • Tree Companies Expect City Crews to Remove Tree Trimmings • Construction Work on Weekends • Clear-cutting Trees Prior to Filing Project Applications The possible solutions are not definitive; they are ideas. Clary asks a.11 who would like to be involved in finding solutions as part of your committee or individually to please let him know. As Jesse often says, "Every problem is an opportunity for a solution. Roberson thanked the Mayor and mentioned re-instituting the Hendersonville Horizon Committee to address some of these issues. Garza pledged he would work hard on the West Main Street projects. Upon motion by Goodwin and second by Garton, there was a unanimous vote for approval to adjourn. C1a71c1ared the meeting adjoumed at 8: 15 p.m. Y~.-~ Approved: Jamie-Clary, Mayor