Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING March 25, 2025, at 7:00 P.M. 101 Maple Drive North, Hendersonville, TN 37075 PRESENT JAMIE CLARY, MAYOR MARK SKIDMORE, VICE-MAYOR, ALDERMAN MARK BURGDORF, ALDERMAN RACHEL COLLINS, ALDERMAN KAREN DIXON, ALDERMAN MARK EVANS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWIN, ALDERMAN MICHAEL MARTIN, A LDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN DON WARD, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE The Mar~h 25, 2025, BOMA meeting was opened with prayer led by Dr. Otis Clayton, Chaplain for the Sumner County Chapter of the Military Officers Association ofAmerica, Retired Army Major & Chaplain, and Baptist Clergyman. The Pledge of Allegiance was led by Mayor Clary. AGENDA Goodwin moved; Garza seconded a motion to accept the March 25, 2025, agenda. Roberson moved; Burgdorf seconded a motion to move Item #10 under Other Agenda Items, Appointment of City Judge, to be considered before Ordinances and Resolutions. There was no discussion and the motion to amend the agenda was approved unanimously. Clary declared the motion carried. There was a unanimous vote to approve the agenda as amended. Clary declared the motion carried. MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE2 PRESENTATIONS There was a presentation by Donate Life TN with local Hendersonville Ambassadors sharing their personal stories and experiences with organ donation. Trisha Lopez, External Affairs Coordinator with Donate Life TN, introduced the ambassadors as April is Donate Life month. Raichon Morand shared she was a double lung transplant recipient ten years ago which gave her a new lease on life. She shared photos of her family and her sister's story as also being a recipient of organ donation. Both have Cystic Fibrosis and without the transplants, their lives would have been shortened earlier. Raichon and her sister's mission is to increase the number of registered donors. Raichon shared that one person can save up to eight lives and enhance up to seventy-five others through tissue donation. Ron Blanton, General Sessions Division 1 judge in Sumner County, waited thirty-four years for his kidney transplant. He shared the touching story of how he met an individual on a softball team, Brad McKenzie, who learned of his need for a kidney through prayer that was held after every game. A few weeks later, Mr. McKenzie called Mr. Blanton, sharing his nephew had been in an accident and the outlook was not favorable. He shared his nephew was an organ donor, and he asked Mr. Blanton of how to get in touch with his transplant surgeon. The nephew did pass and due to his teammate having knowledge of his need, all the connections were made, and Mr. Blanton received his long-awaited kidney transplant. His mission has been to be an ambassador for Donate Life in addition to speaking whenever he can and bringing awareness to organ donation. Christian Sherba shared her daughter Lucy's story of being a liver recipient. She was born with a congenital liver disease so the knowledge of the eventual need for an organ was imminent. She was able to receive an organ donation her senior year at Hendersonville High School, while taking exams and preparing for college. She is doing well and is continuing to live a productive life, honoring the person who enabled her to have the transplant opportunity. Ms. Morand issued challenges to 1.) Consider being a donor and 2.) Think about a family member facing imminent death and how valuable it would be to have increased registered donors for the opportunity of extending their life. Mayor Clary presented a proclamation to Tennessee Donor Services, a Donate Life Agency dedicated to saving and improving lives through organ, eye, and tissue donation declaring April as National Donate Life Month and encouraging citizens to register their decision to be an organ donor at donatelifetn.org. PUBLIC HEARING None MINUTES Dixon moved; Garza seconded a motion to approve the March 11, 2025, BOMA Meetjng minutes. MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE3 There was no discussion. There was a unanimous vote to approve the minutes. Clary declared the motion carried. CITIZENS' COMMENTS The guidelines were read by Mayor Clary. Charlena Aumiller of 143 Ruland Circle addressed the Board encouraging passage of Resolutions 2025-11 and 2025-13 being heard on tonight's agenda. She shared she was opposed to Ordinance 2025-06 as that would potentially punish grocery stores possibly resulting in carts not being available to shoppers or having to pay to unlock them as well as driving prices higher. She asked where the resolution came from and what the thought process was behind it. In closing she shared she was an organ donor and how being an organ donor can help the donor know that their organs will be used to extend someone else's life. She encouraged donor registration. CONSENT AGENDA Receive and File of Pay and Classification Tables provided. APPOINTMENT OF CITY JUDGE Clary explained March of every fourth year after an election of Mayor, the City Judge's term expires and there needs to be an appointment. Clary moved; Sasse seconded a motion to reappoint Russ Edwards as City Judge for the next four years. There was no discussion nor additional nominations. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS The caption was read for first reading of Ordinance 2025-03, an ordinance amending the Hendersonville Municipal Code Title 7, to adopt a revised edition oflntemational Fire Code. Goodwin moved; Dixon seconded a motion to approve Ordinance 2025-03. Discussion included how businesses would be impacted by the change in the code in the instance of an unexpected occurrence such as a storm or fire. Codes Director Greg Story stated the demolition code has been updated to require a dilapidated building be boarded up within three (3) months and within six (6) months if there is a natural disaster with the same time frames applying to a home if construction halts. The current code allows MlNUTES OF REGULAR MEETING MARCH 25, 2025 PAGE4 boarding up a building to take up to two (2) years. That has been changed to one (I) year to expedite cleaning up the City. Collins, Martin, and Sasse all expressed their appreciation for that change and the efficiencies fowid and implemented in the functioning of the Codes Department. There was a unanimous vote to approve Ordinance 2025-03. Clary declared the motion carried. The caption was read for first reading of Ordinance 2025-04, an ordinance amending the Hendersonville Municipal Code Title 12, to adopt a revised edition of the Building and Maintenance Codes. Sasse moved; Collins seconded a motion to approve Ordinance 2025-04. There was no discussion. There was a unanimous vote to approve Ordinance 2025-04. Clary declared the motion carried. The caption was read for first reading of Ordinance 2025-05, an ordinance amending the Hendersonville Municipal Code Title 13, to adopt a revised edition ofinternational Property Maintenance Code. Sasse moved; Garza seconded a motion to approve Ordinance 2025-05. There was a question of who would be subjected to a court fine of $50.00. Realizing that was an upcoming ordinance, the question was withdrawn. There was a unanimous vote to approve Ordinance 2025-05. Clary declared the motion carried. The caption was read for first reading of Ordinance 2025-06, an ordinance to amend Hendersonville Municipal Code, Title 9, Business, Peddlers, Solicitors, etc., relative to shopping carts. Evans moved; Garza seconded a motion to approve Ordinance 2025-06. Without objection, Garza was added as a sponsor. Discussion included Evans stating while there is not an issue in Hendersonville at this time, ifs necessary to have in place. He is not in favor of the impoundment of the shopping carts. He suggested that instead of impoundment, perhaps consideration could be given to the assessment of a fine of $50.00, notification to the retail establishment allowing them to retrieve the cart free of fee within thirty (30) days of notice. If after thirty (30) days and up to sixty (60) days, there be a fee. After sixty (60) days the cart would be disposed of. He MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE5 feels additional work needs to be done on the ordinance. Dixon commented that fining the owner of the shopping carts wasn't right when the owners were being stolen from by the talcing of the carts. Burgdorf questioned why this was being brought forward and what retail establishments had asked for it as it seems detrimental to the businesses while at the same time talking about trying to improve businesses and relationships in the area. Clary responded that he has not heard from retailers, but while attending annual Mayor conferences and speaking with other Middle Tennessee mayors, discussions of many problem issues take place, and this happens to be one of those topics discussed. There have been instances of carts being pushed through HendersonviHe in which he has called the Police to take care of. More than likely the individuals pushing the shopping carts are not the owners. Currently there is nothing in place to be able to respond to someone pushing a shopping cart like there is for someone seen breaking into a home or car. Currently, the manager or owner of the retail establishment where the shopping cart came from would go to court. This ordinance would provide a tool by which to handle these instances where prosecution is an option instead of expecting the retail establishment to go to court. Goodwin inquired whether this ordinance would affect carts being pushed by individuals selling items from them such as is seen at the Freedom Festival. Clary responded it would not affect them if the one pushing the cart was the owner of the cart. Martin favors the ordinance as having a method in place to handle this type of situation. Should it arise or begin to be a problem or nuisance, there would be a mechanism in place in which the City could require the retailer to put locks on the carts where if they leave the parking lot, they lock. Clary stated if tabled, it could be moved from the table in the future to be reconsidered and would be noted on future agendas as tabled. Evans moved; Garza seconded a motion to table Ordinance 2025-06. There was a unanimous vote to approve the tabling of Ordinance 2025-06. Clary declared the motion carried. The caption was read for first reading of Ordinance 2025-07, an ordinance to amend Hendersonville Municipal Code, Title 9, Business, Peddlers, Solicitors, etc., relative to Panhandling. Garza moved; Evans seconded a motion to approve Ordinance 2025-07. Wiiliout objection, Garza was added as a sponsor. Discussion included Clary stating there was still some work to do on this ordinance as far as enforcement and he would ask that this one be tabled as well. Evans clarified this was different from peddlers and charitable solicitors. Burgdorf wanted to make sure that groups such as the Boy Scouts and like kind of organizations would not be affected by this MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE6 ordinance. Martin favors the ordinance as it being another good tool to have if needed. Roberson asked when further discussing the ordinance, to consider the distance from an ATM or financial institution be greater than twenty (20) feet. He wou)d prefer fifty (50) feet at a minimum. Attorney Wray added the twenty (20) feet was an arbitrary number and can be changed. Collins expressed her concern that the word "donation" may cause confusion and inquired whether the Police can press charges now without this legislation. Chief Jones supports this ordinance and further clarified that aggressive or intimidating behavior, not related to panhandling, can be addressed now and is handled through state law. This ordinance clears it up and spells it out so that it can be handled through a City ordinance. Currently those behaviors would have to go through state court, not city court. Collins expressed her support of the proposed ordinance. Sasse asked for clarification that blocking an individual could be considered assault. Chief Jones verified it could be considered assault or intimidation, but it would have to go through state comt because there is not a specific City ordinance that addresses those charges. Chief Jones continued stating the City has adopted a lot of the state statutes, but the officers could not charge that through City court. Assault is an offense that could result in jail time and those offenses do not come through City court. Sasse stated the $50 fine is not much of a deterrent. Attorney Wray stated it was the maximum deterrent the City can constitutionally assess. Sasse asked ifthere could be clearer definitions of aggressive behavior, assault and intimidation as he would rather see a charge applied that would carry potential jail time as it would be more corrective than a $50.00 fine. Attorney Wray added the standard of proof is higher in criminal court than it would be for a civil fine. Proof for assault or intimidation may be harder to provide than aggressive panhandling which would be result in a fine. The police officer could charge both or just charge the assault. The passage of this ordinance would offer two (2) paths for officers to take. If it passes it would be up to the officer which path would be taken. Roberson expressed his support of the ordinance and inquired whether the City Judge would have the authority to refer the case to General Sessions ifhe felt the situation warranted it. Attorney Wray responded that he could not, but the Police Department could or the City could present it to the District Attorney's office. Evans moved; Garza seconded a motion to table Ordinance 2025-07. There was a unanimous vote to approve the tabling of Ordinance 2025-07. Clary declared the motion canied. The caption was read for first reading of Ordinance 2025-08, an ordinance to amend Hendersonville Municipal Code, Title 12, Building, Utility, etc. Codes, relative to registration of vacant commercial and industrial buildings ColJins moved; Evans seconded a motion to approve Ordinance 2025-08. MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE7 Evans moved; Sasse seconded a motion to amend Ordinance 2025-08, Section One to correct language changing Chapter 13 to Chapter 15. There was no discussion. There was a unanimous vote to approve the motion to amend Ordinance 2025-08. Clary declared the motion carried. Without objection Sasse was added as a sponsor. Ward expressed his like of the ordinance but leans more toward condemning the buildings and doing something with them because of the small number of vacant buildings in Hendersonville. He is also concerned with the time frames as larger buildings take a couple of months to clean up behind a tenant and six (6) months or more to rent, but yet registration as a vacant building must be done within thirty (30) days. He feels the registration time frame should be a year to prevent having to pay the fee, lease the building then come back for a refw,d of the fee. Clary suggested Ward work on an amendment with Attorney Wray as his suggestions were reasonable. Ward agreed. Clary further clarified the City was not interested in the money; the interest is in getting the properties cleaned up or rented out. Burgdorf expressed his support and appreciation for the tools being provided. Collins moved; Ward seconded a motion to amend Ordinance 2025-08, Section 12-1506, (d)(3) to change the first sentence by striking "may" changing to "will" and removing the words ''up to". Sasse noted in the same section the Planning Commission may extend the period for another twelve (12) months, giving a total of twenty-four (24) months. There was a unanimous vote to approve the motion to amend Ordinance 2025-08. Clary declared the motion carried. There was a unanimous vote to approve Ordinance 2025-08, twice amended. Clary declared the motion carried. The caption was read for Resolution 2025-07, a resolution to adopt a decorative street sign replacement grant program. Evans moved; Garza seconded a motion to approve Resolution 2025-07. Discussion included Evans mentioning that several subdivisions across the City have elected to have decorative street signs instead of the normal green street signs the City installs. He clarified the resolution stating if the HOA or neighborhood that currently has NITNUTES OF REGULAR MEETING MARCH 25, 2025 PAGES decorative street signs wishes to replace faded or damaged street signs, the City would reimburse them the cost of a standard green street sign with the HOA or neighborhood paying the difference in cost for a decorative street sign. Collins inquired of Attorney Wray since the Board accepted the dedication of streets with decorative signs, did that obligate the City to replace with like kind. Attorney Wray said it did not. Public Works Director Lock stated those were considered an amenity and the HOAs were responsible for replacement and maintenance. Ward inquired of the sign cost. Director Lock stated the cost is based on the size of the sign (longer street names would require longer signs) but typically runs between $50.00 and $75.00. The poles run $100.00 or less. Ward questioned would the replacements be up to ADA guideline requirements of high intensity grade reflectivity. Director Lock responded the City typically installs high intensity grade reflectivity as that is what is covered under and considered acceptable within the MUTCD. Ward stated longer named streets and following ADA requirements will have some signs looking very odd. Director Lock clarified the City has installed some larger signs because of the new requirements outlined in the MUTCD. She also stated some signs don't fit on the current decorative poles using Stoneybrook as an example. The HOA paid for the signs, but they worked with Public Works to make sure requirements for signage were still met without replacing their posts. Burgdorf and Skidmore inquired as older neighborhoods with no HOAs, how would their ward be able to utilize this opportunity. Clary stated they would get the same service they are getting now, but they would not be able to take advantage of the grant for the purpose of adding decorative signs to an existing area that does not currently have them. He does like the idea of installing street poles with some sort of logo or insignia depicting the area of \Vestlake. Skidmore inquired if the neighborhood wanted to install signs with colors other than the standard green, would the City pay for those. Director Lock explained the legislation presented tonight is a replacement grant program where they would be reimbursed for decorative signs up to the amol.lllt the City would pay for a green street sign, but would have to coordinate with Public Works because there are still specific requirements that must be applied through the MUTCD. There are restrictions on decorative signs of other colors as well as the standard green. Skidmore feels it is discriminatory for parts of their neighborhood to not be able to take advantage of the reimbursement opportunities that a couple of subdivisions within their ward will be able to do. MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE9 Director Lock stated expansion of the program to include areas without HOAs or property owner organizations would be up to the Mayor who interjected he had already been thinking about that as a possible item to address after budget, but perhaps it should come before. Roberson asked if there was a street in the City that was not part of an HOA and wanted to replace the signs, would they fall under this ordinance. Director Lock said it is open for interpretation, but her opinion would be yes, they would. She would defer to the Mayor if she's incorrect. For the traffic calming policy, that is how it would be interpreted. Roberson feels that would take away the discriminatory aspect. If a group of neighbors could get together and wish to add decorative street signs, the wording in the ordinance of "neighborhood organizations" could be applicable in this instance, to which Attorney Wray agreed. Director Lock stated that decorative sign installation would be organized by the HOAs; the City does not install the decorative signs. They would then submit for reimbursement to the City. Ward inquired on how the replacement was decided, whether it was a Public Works decision or citizens' requests. Director Lock responded both played into the decision. Public Works has been surveying and collecting asset management information so that funding can be prioritized, which was started this year. Previously, replacement was heavily driven by complaints. While paving is ongoing, street signs are being looked at and replaced, if needed, at that same time. Not meeting minimum reflectivity is the main requirement for determining replacement. Discussion concluded with Burgdorf asking who manages the grant and where does the money come from. Clary stated the money will come from the current budget for sign replacement with approximately $25,000.00 allocated for that line item. There was a majority vote to approve Resolution 2025-07 with Burgdorf and Skidmore voting nay. Clary declared the motion carried. The caption was read for Resolution 2025-11, a resolution approving and establishing policy for certain secondary employment for Hendersonville Fire Department employees. Clary moved; Martin seconded a motion to approve Resolution 2025- J1. There was no discussion. There was a unanimous vote to approve Resolution 2025-11 . Clary declared the motion carried. MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGEl0 The caption was read for Resolution 2025-13, a resolution inviting the Tennessee Consolidated Retirement System (TCRS) to hold an information session for Public Safety personnel on the bridge state retirement plan and establishing a voting/surveying process to gauge consensus. Sasse moved; Garza seconded a motion to approve Resolution 2025-13. Without objection Burgdorf, Martin, Skidmore, Evans, and Collins were added as sponsors. Discussion included the possibility of having two (2) sessions; one for Police and one for Fire. Division of the departments was not encouraged but the idea of having two (2) sessions would be helpful. It would be recorded so those who couldn't attend because of conflicting shift schedules with meeting times could view it later. There was a unanimous vote to approve Resolution 2025-13. Clary declared the motion carried. OTHER AGENDA ITEMS Goodwin moved; Garza seconded a motion to cancel the June 10, 2025, and July 8, 2025, BOMA meetings. There was a unanimous vote to approve the motion. Clary declared the motion carried. BRIEF COMMITTEE REPORTS Finance - Sasse • No meeting Public Works - Skidmore • No meeting BOMA Report-Eckenroth • Eckenroth yielded the floor to Chris Gregory, new Editor of the Hendersonville Standard with Main Street who introduced himselfto the Board. • Communications Manager Casey LaMarr gave reminders regarding the Beautiful Hendersonville county-wide Cleanup Day coming up on March 29, 2025, and Mayor Clary' s State of the City presentation talcing place at Birdie Bros on April 11, 2025, with doors opening at 7:30 am with an option to purchase breakfast. The presentation will begin shortly after 8:00 am. He will be giving a business perspective of the State of the City to the Chamber of Commerce May 6, 2025. • Eckenroth noted Callendar Lane was being paved today and paving is beginning next week on the milled roads with additional milling of other roads to follow. MINUTES OF REGULAR MEETING MARCH 25, 2025 PAGE 11 • Budget Workshop • Parks Events • Attendance to Impact Fee Workshop was appreciated with a great representation fromBOMA. • There is no update on Police vacancies as Roberson inquired, but an email will be sent out. Clary noted Manager LaMarr, Chief Jones and Chief Ryan are working on a campaign to fill some positions. Executive Session was entered into at 8:39 pm, returning at 8:43 pm. Upon motion by Goodwin and second by Dixon there was a unanimous vote for approval to adjourn. ed the meeting adjourned at 8:44 p.m.