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Board of Mayor & Aldermen

Regular Meeting

Hendersonville, TN · April 22, 2025

AgendaMinutes

Minutes

MINUTES OF REGULAR MEETING APRIL 22, 2025 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MTNUTES OF REGULAR MEETING April 22, 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 orxoN, ALDERMAN MARK EVANS, ALDERMAN JANNA GARTON, ALDERMAN BOB GARZA, ALDERMAN TERRI GOODWJN, ALDER.MAN MICHAEL MARTIN, ALDERMAN EDDJE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN DON WARD, ALDERMAN LANCE WRAY, CITY A ITORNEY ANNETTE HUNTER, CTTY RECORDER DESIGNEE The April 22, 2025, BOMA meeting was opened by Ada Wilson, BizTown Mayor at Indian Lake Elementary with prayer led by Aaron Allison, Lead Pastor of Christ Is Love Church. The Pledge of Allegiance was led by Mayor Clary. AGENDA Goodwin moved; Garton seconded the motion to accept the April 22, 2025, agenda. Clary noted the two-week rule was being waived for Resolution 2025-15 under Ordinances and Resolutions. There was a unanimous vote to approve the agenda. Clary declared the motion carried. PRESENTATIONS Mayor Clary recognized Middle School Student Council Officers from Ellis and T. W. Hunter. MINUTES OF REGULAR MEETING APRIL 22, 2025 PAGE2 Heather Whitaker, Principal of Ellis Middle School, accompanied students representing the different houses as foUows: Captain Accomodore - Alexandra Campbell Commander Accomodore - Grant Hancock Princ-eps Captain - Peyton Trumper Vevaios Captain - Kirsty Scott Meredith Lewis of T.W. Hunter, accompanied the following student delegation: Student President - Graham Miller Student Vice President - Brooke Connelly Student Secretary - Brooke Kingsbury Student Treasurer - Lauren Kingsbury Mayor Clary presented a proclamation to Tammy Bass of TN Voices proclaiming April 2025 Child Abuse Prevention Month and May 8, 2025, as Children's Mental Health Acceptance Day. She was joined by Adriane Medlock and Jonathon Matthews. Ms. Bass spoke of TN Voices' work across the state, with her serving locally. TN Voices advocates with families who have children with mental health diagnosis, assisting in school needs, court, DCS, and any other needed services as well as making sure their voices are heard and making sure the family and children hear the voices of assistance offered and available. Adriane works with SOCAT (Systems of Care Across Tennessee) which is involved with families in their homes, helping to resolve issues in the school and court systems as well as in their own home. Mayor Clary presented a proclamation to local Pastors Aaron Allison and Joshua Strader proclaiming May 1, 2025, as the National Day of Prayer. The theme this year is "Pour Out to The God of Hope and Be Filled" inspired by the scripture in Romans 15:13. Pastor Strader shared First Baptist Church would be hosting, beginning with a breakfast at 7:30 am followed by worship and prayer for the community, our country, and our world, welcoming all to participate. PUBLIC HEARING None MINUTES Goodwin moved; Dixon seconded a motion to approve April 8, 2025, BOMA Meeting minutes. Evans noted a typographical error on page twelve of the packet in the paragraph beginning "Evans responded ... " where Ward 4 should say Ward 6. Without objection, the correction will be made. There was no further discussion. MINUTES OF REGULAR MEETING APRIL 22, 2025 PAGE 3 There was a unanimous vote to approve the minutes. Clary declared the motion carried. CITIZENS' COMMENTS The guidelines were read by Mayor Clary. Kimberly Overton of l 04 Glen Oak Court West addressed the Board in support of the Hendersonville Firefighters. She supports the salary increase ofthe Police Department but feels the firefighters are being left behind and feels there is no longer parity between the Police and Fire as ordained in Ordinance 2004-24. She stated speculation of intentional division between the Public Safety departments to set the stage for a future tax increase. She is hopeful that is not the case and urged another path be taken to fund increases. Colton Young of 221 OB New Hope Road addressed the Board in support of the Hendersonville Firefighters as a Hendersonville resident and as the Middle Tennessee District Vice President representing the Hendersonville Firefighters Association. He stated dangers and sacrifices of being a firefighter. He stated the pay structure of firefighters has remained stagnant and non-competitive and expressed it is not fair; they do more for less. Mr. Young shared there is a perception ofreta]iation against the Fire Department. He shared his disappointment in seeing a video where a member of the Hendersonville Citizens Police Academy downplayed firefi ghters' roles and responsibilities. Daniel Erving of 112 Timber Hills Road addressed the Board in support of the Hendersonville Firefighters. Mr. Erving was fonnerly employed as a Senior Firefighter for Hendersonville from 2014-2024. He left for better pay to be able to support his family without having to work a second job, allowing more family time. He expressed concerns of increasing staffing shortages and the disadvantages that brought. He feels the City took a strong step for the Police Department and asked the same be done for Fire. He urged meaningful action by demonstrating support for the Fire Department. Chris Gonzales of 120 Ruland Circle addressed the Board in support of Hendersonville Firefighters. As a fonner 16-year firefighter with the City of Hendersonville, Mr. Gonzales requested the Board get a handle on the situation at hand, as neighbors and friends are asking him what's going on with city politics between City HalJ and Fire. He requested the leadership unify the City Departments by bridging the Fire Department and the public that loves and supports them. He left for a job that allowed a better lifestyle for his family, but misses the job as a firefighter. The scope of responsibilities is broad and requires daily training. He doesn' t want to see experienced firefighters leave. He asked leadership to be more involved with the Fire Department to see what they do daily. Ham Frost of 116 Dalton Circle addressed the Board in support of Hendersonville Firefighters. He Lmderstands decisions by the Board are not easy. He is bothered by the division between Police and Fire. During his tenure as alderman, the two depattments were united. He feels that while the Police were deserving, Fire should have been included. Lists for employment in Police and Fire used to be long because of the desire to work for Hendersonville due to the pay. He shared in 2004 the Board passed an ordinance to make MlNUTES OF REGULAR MEETING APRIL 22, 2025 PAGE4 pay comparable between the departments. While each department has different job descriptions each has intense training and risks. He believes the pay should be comparable. He shared his disagreement with how the raise was handled and stated it should have been taken care of in the budget year. He feels the method used has divided emergency services and done away with parity. He also feels the way it was done sends the message that the Police are more important and could be discouraging for those who are contemplating coming to the City for employment. Mike Scudder of2018 Drakes HiJI Court addressed the Board in support of the Hendersonville Firefighters. His son is a Hendersonville Firefighter. He shared three personal life experiences that involved HFD. His son's training enabled him to notice an urgent need for care which saved his life. The compassion and love shown in the other two shared experiences were impressive. Police are given items for protection that Fire is not given while facing potentially similar scenarios. While he feels the Police were deserving of their raise, he feels Fire is as well. He supports equal pay raises and fears if it's not given the Hendersonville Firefighter experience will fade away. Come election time, he shared he will hold the Board accountable for their actions and response to this situation. David Livingston of 173 Luna Lane addressed the Board in support of Hendersonville Firefighters on behalf of the Firefighters Association. He is grateful to serve Hendersonville and considers it an honor to do so recognizing the trust the City has put in them. He wishes to address retention, respect, morale, compensation, retirement, and respect in the Fire Department. He stated salaries are trending behind compared to surrounding Fire Departments. He stated the private sector offers better work-life balance. Firefighters are leaving for better pay but miss the job of community service. It's not about wanting more; it is about fair compensation, the sacrifices made, and the market driving the changes. As well as salaries and retirement it is also about morality, continuity of personnel and the future of the Fire Department. The desire is for firefighters to stay, grow and become rooted in the community as career-focused citizens. He asked the Board to help the Fire Department remain competitive, stable, and staffed. Jamie Steele of 632 Hogans Branch Road addressed the Board in support of increased pay for firefighters restating his prior comments regarding establishing parity between the Fire and Police Departments. Firemen were not held to the same professional standards and educational requirements as Police in the State of Tennessee until 2004. The Board supports educational attainment and reimburses education. He defined parity to equaling respect. Recognize employees by telling them they're important, award them, and they will serve. HPD was recognized by increasing the salary. With everything the Fire Department has accomplished over the years from receiving millions of dollars in grants, to acquiring equipment such as ladder trucks, a dive boat, the cornerstone of it all was then and is now, respect. Respect from the government and citizens that treated and recognized them as the same. Brian Boyer of 174 Maple Drive addressed the Board in support of Hendersonville Firefighters as a 25-year firefighter with the City. At her request, he read a letter from Denise Dallenbach, Fire Captain Don Dallenbach's widow expressing her feeli ngs toward Mayor Clary not expressing his condolences to her at her husband's funeral nor at the presentation of the Medal of Valor to the family at City Hall. She urged the Board to re- MINUTES OF REGULAR MEETING APRIL 22, 2025 PAGES evaluate where loyalties lie within the community. There should be unity instead of division. She expressed her support for the Fire Department in their exemplary service and professionalism in the community and support she and her family have received from the Fire Department since Captain Dallenbach's diagnosis. Mr. Boyer continued with his own comments about items stated at the State of the City Address. He referenced the Mayor's statement of the Fire Department receiving seventeen raises in the past eight years. He noted those increases were COLA' s and merit increases that all City employees received, not as raises given, but earned. He called on the Board to fix the pay problem that Fire personnel were asked to be patient for over a year and a half with faith the right thing wi 11 be done in the coming budget. He referenced a joke told at the State of the City Address that he felt was disparaging to business and property owners and tornado victims shortly after comments were made that he felt were for political gain. Jaime Cossler of 225 freehill Road addressed the Board in support of Hendersonville Firefighters, Division Chief B-Shitl. He began by addressing the rumors ofjealousy between Fire and Police stating they were false. Fire believes HPD deserves the raise, but there is a need for correction and parity. He shared the numbers of hours firefighters work compared to those of a 40-hour employee, stating firefighters work more hours for less pay. The types of calls received are often stressful and physically demanding, some preventing sleep after returning from the call. Firefighters see the hardest part of life. Hearing people say you have two days off so you can work a second job is unfeeling and hard to hear. It is difficult to hear citizens downplaying Fire's roles compared to the Police saying Fire's job is not as hazardous and similar pay should not be earned. Insulting, intentional, unnecessary and hurtfu l were used to describe the feelings of citizens' words against Fire. While firefighting is a chosen profession, the expectation is to receive a fair wage where second jobs are not needed. He closed by saying he is a proud member of the HFD and is proud of all those he works with. He asked for parity in pay and to strongly consider funding the bridge for First Responders. After serving for 33 years, he would do it all again. Charlena Aumiller of 143 Ruland Circle addressed the Board in support of the Hendersonville Firefighters. She began by thanking Alderman Collins and Alderman Evans for their public support for the firefighters. She attended the Finance Committee Meeting and saw the budget presentation in which the Mayor's priorities are low property taxes, balanced operating budget, debt reduction, Public Safety vehicles, and paving. She referenced a February 16, 2025, Facebook post in which the Mayor was explaining the Sales Tax Referendum. She stated the cjtizens came forward voting for the referendum because they want Police and Fire compensated. She stated an increase of 7 .5 % would make Fire competitive with neighboring communities. Matt Cole of 114 Woodyside Drive addressed the Board in support of the Hendersonville Firefighters. He works on Engine 6, and is an A-Shift Steward of the Firefighters Association. He supports the Police increase and believes it demonstrates how much the Board values Public Safety, but feels there is a commitment to avoiding and correcting pay disparities. He referenced the discussion at a previous meeting including how no ranking Public Safety officer should earn less than those they supervise. A solution was found and adopted but there were unintended consequences, such as compression. A Sr. Firefighter, promoted at the earliest time allowable (five years of service) now earns $5,000.00 less MINUTES OF REGULAR MEETING APRIL 22, 2025 PAGE6 than Police with the same tenure. Both HPD officers and HFD firefighters start out at Grade 14, Step 3. It's not just a numbers issue; ifs a morale issue that if left unaddressed it will impact recruitment, retention, and the effectiveness of fire department services in the City. Recognition and correction in the upcoming budget was asked for. Steve Ryan of 11 87 Pebble Run Road addressed the Board in support of HendersonviUe Firefighters and as President of the Hendersonville Firefighters Association. He spoke of the inaugural golf tournament, the first annual Don Dallenbach Memorial Clay Shoot, and an inaugural Father's Day Cornhole tournament as events planned to focus more on charitable engagements. Communication and engagement within the membership is a focus as well. As a member of the International Association of firefighters, he has taken an oath to promote the best interests of the local members. He feels there has been disrespect and misinformation. Without respect, trust is difficult. Mr. Ryan was requested to read a letter from Nick Haffner who recently resigned because he feels compensation is no longer aligned with the demands and risk of the profession and the pay scale has not kept pace with the current market. He has had to work three jobs for the last two years which does not provide a work-life balance. He shared his feelings that Chief Bush has been undermined which has led to low morale, and difficulty in operating and performing the job effectively. Mr. Haffner urged the Board and community to recognize the challenges and advocate for fair treatment and compensation for the firefighters as he stated he left for another firefighting position that offered better compensation and benefits. Mr. Ryan closed by expressing his desire to improve communication and relationships between the Hendersonville Firefighters Association, the Hendersonville Firefighters, and the Executive Office asking for an explanation and an apology for comments made recently at the State of the City Address and to the media. Robert Little of 314 Raindrop Lane addressed the Board regarding safety in his neighborhood requesting a stop sign at the intersection of Creekwood and Orchard Valley. The concern has been shared with Public Works Director Lock. Mr. Little is not happy with the decision to not place a stop sign at this intersection. As the straight stretch on Creekwood lends to speeding, there is a left turn about a quarter mile down the road where there is a cement barrier that is hit by cars. The cement barrier has received a new coat of paint to draw attention to it, but he does not feel that is sufficien t. Attached to the cement barrier is a gas line for the subdivision. He stated Director Lock suggested asking the gas company to move the gas line. A resident who lives next to the creek is concerned that someday the barrier will be hit, striking the gas line as well creating an explosion that she will not survive. Speed humps have also been requested along Creekwood. Director Lock has explained this cannot be done as well. Mr. Little doesn't understand why a new subdivision with a dead-end street was able to have speed humps installed. Matthew Sigmund of 242 West Main Street serving as President of the Fraternal Order of Police, Lodge 63, addressed the Board thanking them for the increase in Police pay by acknowledging the problem, examining the facts, and taking action. He began by recalling a time of different leadership in the past where City employees went for years without a pay raise, step increases, or cost of living adjustments and Public Safety departments requests for critical needs were denied. Leadership has moved beyond those times and the City has grown and is thriving. There has been a plan put in place for fleet replacement and improving overall conditions. Under the current leadership, there has been consistent MINUTES OF REGULAR MEETING APRJL 22, 2025 PAGE7 improvements in compensation with no step increases or cost of living adjustments missed. Keith Dennen of 135 Saranac Trail addressed the Board in support of Hendersonville Firefighters. He shared personal experiences in which there was interaction with the Fire Department and how grateful he was for their assistance in those instances. He encouraged proper pay of individuals as it was budget time. Make cuts if needed in order for the. pay to be increased. He stated he was glad to see the Bradford Berry House on the agenda and that General Electric was lifting the deed restrictions, but with a $2 million dollar price tag to repair it, he suggested investing that money into the Fire Department as the people were more valuable to him than buildings. Dixon moved; Goodwin seconded a motion to take a break at 8:22 pm. Clary declared a unanimous vote to approve the motion carried. MAYOR'S REPORT Clary shared his appreciation for those who spoke and the care they have for the firefighters and the Fire Department stating that Hendersonville Fire is one of the best in the state and is exceptional. While there were some con-ections he initially intended to make and is prepared to respond to everything that was said, he shared his appreciation for the firefighters and responded with "I'm truly sorry". He shared he will work harder and more deliberately for peace as he, and all, want peace. CONSENT AGENDA None. ORDINANCES AND RESOLUTIONS The caption was read for Resolution 2025-14, a resolution authorizing the mayor to sign a Release of Deed Restrictions Agreement relative to the Bradford Berry property. Sasse moved; Ward seconded a motion to approve Resolution 2025-14. There was no discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for Resolution 2025-15, resolution authorizing the Handmade Market to renew its use of the grounds of City Hall for its market activities Roberson moved; Garza seconded a motion to approve Resolution 2025-15. Discussion regarding the increase in the annual fee for the Handmade Market included whether to alter the fee schedule, perhaps referring it to the General Committee next year, MINUTES OF REGULAR MEETrNG APRIL 22, 2025 PAGES there is support for raising the fee, whether to include a percentage on top of the flat fee, and a request for staff to come up with a policy outside of the Parks fee schedule within the next six months so the businesses can plan accordingly for next year's market as time is of the essence for this year. Dixon moved; Skidmore seconded a motion to amend the resolution by increasing the fee from $200.00 to $250.00. There was a unanimous vote to approve the motion to amend. Clary declared the motion carried. Sasse moved to include in the language of the resolution that after 2025, the fee will be $250.00 plus a percentage of sales. Upon further discussion, Sasse withdrew the motion. There was a unanimous vote to approve Resolution 2025-15 as amended. Clary declared the motion carried. BRIEF COMMITTEE REPORTS Finance - Sasse • Met April 22, 2025 • Reviewed Hendersonville Library invoices and voted on a recommendation of how to deal with the submitted invoices. • Reviewed FY 2026 budget • Added comments that Fire is valued and assured Fire personnel that the Board was looking at how to make them whole. He encouraged conversations from Fire. Public Works- Skidmore • Met April 22, 2025 • Reiterated Sasse' s comments to Fire • Light synchronization is still in process • Reviewed FY 2026 budget • Trash collection-Misses were low and under the threshold for penalty. • Discussed Resolution 2025-.16 and it will be coming to BOMA. • Discussed Resolution 2025-15 and was passed on to BOMA tonight directly from Committee. BOMA Report-Eckenroth • Arts Festival May l 0-11, 2025, at Sanders Ferry Park • Paving on Walton Ferry, south of the realignment project • Shivel has been milled • Jerald Barrett of the Deer Herd Monitoring and Control Committee will be speaking at one of the next couple of BOMA meetings focusing on the Deer Dashboard. MINUTES OF REGULAR MEETING APRIL 22, 2025 PAGE9 Upon motion by Dixon and second by Garton there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 9:05 p.m. ~~ ,(pproved: Jamie Clary, Mayor

Agenda

CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN April 22, 2025, at 7:00 p.m. 101 Maple Drive North, Hendersonville, TN 37075 I. Call to Order by the Mayor II. Acceptance of Agenda III. Presentations A. Recognition of Middle School Student Council Officers B. Proclamations for Child Abuse Prevention Month and Children's Mental Health Action Month C. Proclamation for the National Day of Prayer IV. Public Hearing V. Minutes A. Approval of April 8, 2025, BOMA meeting minutes 2-14 VI. Citizens’ Comments VII. Mayor’s Report VIII. Consent Agenda IX. Ordinances and Resolutions Clary 1. Reading of Resolution 2025-14, a resolution authorizing the mayor to sign 15-24 a Release of Deed Restrictions Agreement relative to the Bradford-Berry property Clary 2. Reading of Resolution 2025-15, a resolution authorizing the Handmade Market to 25-26 renew its use of the grounds of City Hall for its market activities (Subject to approval by the Board, pursuant to Ordinance 2002-12) X. Other Agenda Items XI. Reports 3. Brief Committee Reports: 1. Finance – Sasse 2. Public Works – Skidmore 4. BOMA Report 27-39 XI. Adjournment 1 Anyone needing accommodations due to disabilities, please contact the ADA Coordinator at 615-822-1016 at least 24 hours prior to the meeting. CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING April 8, 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, ALDERMAN EDDIE ROBERSON, ALDERMAN JEFF SASSE, ALDERMAN DON WARD, ALDERMAN LANCE WRAY, CITY ATTORNEY ANNETTE HUNTER, CITY RECORDER DESIGNEE The April 8, 2025, BOMA meeting was opened by Blaine from Boy Scout Troop 75 with prayer led by Dylan Young, Young Adults Pastor at Long Hollow Church. The Pledge of Allegiance was led by Boy Scout Troop 75. AGENDA Garza moved; Roberson seconded a motion to accept the April 8, 2025, agenda. Garza moved; Sasse seconded a motion to remove from the agenda Items #4 & #5 under Unfinished Business, Ordinance 2025-06 – tabled at the March 25, 2025, BOMA Meeting and Ordinance 2025-07 – tabled at the March 25, 2025, BOMA Meeting, respectively. Evans moved; Collins seconded a motion to move Items #4 and #5 under Unfinished Business off the table and defer indefinitely. Both Garza and Evans’ motions were withdrawn to be discussed later in the agenda. Clary explained there were other appointments to be made to Beautiful Hendersonville and he would like to remove Item #8. 2 Garza moved; Sasse seconded a motion to remove Item #8a. under Other Agenda Items. There was no discussion and the motion to amend the agenda was approved unanimously. Clary declared the motion carried. Roberson moved, Dixon seconded a motion to vote on Items #7, #9, & #10, a total of eleven (11) appointments under Other Agenda Items, as a group. There was brief discussion regarding comments Evans wished to share about the boards and committees. It was agreed upon to have that discussion when the items were up on the agenda. The motion to amend the agenda was approved unanimously. Clary declared the motion carried. There was a unanimous vote to approve the agenda as twice amended. Clary declared the motion carried. PRESENTATIONS Mayor Clary recognized academically commended students and National Merit Scholars. Principals, Faculty, and parents accompanied the young men and women who had earned this recognition. Beech High School – Alex Taylor with Principal Kenny Powell present. JPII High School – Erin Rieck, Thomas Arender, Genevieve Strickland, and Lilian Ivanov, with Principal Jennifer Dye present. Merrol Hyde – Nicholas Brown, Alyssa Maddern, Josiah Vinson, Ava Wei, James Lewis, Henry Walker Smith, and Duncan Collins with Principal Darren Frank present. Hendersonville High School – Anna White, Cade LaMarr, and Liliana Daniel with Principal Dr. Mel Sawyers present. PUBLIC HEARING None MINUTES Goodwin moved; Dixon seconded a motion to approve the March 25, 2025, BOMA Meeting minutes. 3 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. Travis Kimmons of 173 Luna Lane addressed the Board as a citizen and an employee of the City since 2006 in support of increased pay, the bridge retirement program, and adjustments of the pay scale steps. He is currently serving as a Captain at Station 1. He spoke of concern for his employees’ physical and mental health due to the varying types of incidents they face daily. He spoke of the comradery with HPD and the unity they share. He asked one thought be remembered; Police and Firefighters are “relied on the same, compensated differently”. One profession is not harder or incurs more risk than the other. This line of thought is divisive, demoralizing, dangerous, and adversely affects the citizens’ public safety by pushing away decades of experience. Jamie Steele of 632 Hogans Branch addressed the Board in support of increased pay for firefighters. When he first started firefighting with the City in 1975, there was a difference in pay even then between HPD & HFD. Firemen were not held to the same standards as Police were in the State of Tennessee. In the 1990’s, Hendersonville began working on state certification that larger cities within the state were attempting to attain. Police are held to incredibly high standards and accreditations. Firefighters are as well. In 2004 recognition was finally made for all the hard work and certification that Fire had attained and there was parity with Police. The bar was raised to add educational attainment. A Fire Captain had parity with a Police Sergeant because their job descriptions were professionally reviewed and brought before the Board. Hendersonville Fire Department is one of the top fire departments in the Southeast. The greatest respect received from fellow firefighters in the field was that Hendersonville was able to say they had parity with Police. That brought tremendous pride to the Fire Department. The badges worn are equal, as servants to the Lord, citizens, and the City of Hendersonville. Matthew Johnson of 179 Bonita Parkway addressed the Board as a City of Hendersonville firefighter speaking on behalf of the Firefighter’s Association in support of increased pay and benefits for firefighters, stating Hendersonville is thriving and in a good financial position due to responsible fiscal management and sound economic decision-making. While the implementation of the apparatus replacement schedule and the PIPP fund has allowed for firefighters to be well equipped, investments need to also be made into the employees. The firefighters fully support the Police needs that were addressed at the mid- year budget, but other city employees deserve to be fairly compensated for their commitment and service. Enhanced benefits would also make the City a more desirable place to work. Mr. Johnson thanked the Board for the commitment to study the TCRS bridge program and for making Hendersonville be enviable as a place to work, live and thrive. 4 Ryan Chandler of 1166 Forrest Retreat Drive addressed the Board as a firefighter at House 5 and a member of the Local 3460. His focus was on turnover, retention, and compensation. He has served a total of eleven (11) years as a firefighter; six (6) with Hendersonville and five (5) with the City of Gallatin. He was drawn to Hendersonville with the opportunity for better pay, benefits and the chance to learn from experienced firefighters. He was seeking stability, growth, mentorship, and a pay increase. He shared numbers of staff vacancies, varying leaves, and future retirements ending with saying there were 32 firefighters off the road. Morale is low because of the strain of understaffing due to these multiple reasons. The City’s fiscal status is much appreciated, but he closed with urging the Board to address the issues of turnover, retention, and compensation. Greg Yandell of 110 Glen Leven Way addressed the Board in support of Ordinance 2025- 08. As a Hendersonville citizen, owner of Ace Hardware, and board member of the Chamber of Commerce, he agrees the spirit of the ordinance is needed, but the language may need to be adjusted. With long-vacated buildings and some in disrepair from the tornado 16 months ago, these serve as visible reminders of “disinvestment” in the City. There comes a point when a vacant building is no longer attractive to the commercial market and causes safety issues, decline in property values, and nearby businesses suffer. Mr. Yandell believes this ordinance gives the City a tool to engage with the business owners to address these issues before they get out of hand. He views the spirit of the ordinance not as a punishment, but to encourage stewardship. John Taylor of 110 Daniel Smith Drive addressed the Board regarding the condition his property has been left in after work for drainage issues was done. He stated perhaps the project is not complete, but currently his concerns are for safety, a headwall that was dismantled and is now coming down, issues with sod he had put down that is now gone, underground fencing for his mower is going to be fixed by the contractor, he no longer has access to the neighbors across the yard, and there is a lot of wash out. He invited someone to come look at the issues to see what can possibly be done to correct them. Keith Dennen of 135 Saranac Trail addressed the Board regarding Ordinance 2025-08. He stated he was an attorney who practices Real Estate Law among other areas. Upon review of the ordinance, he felt there were many problems with it. Upon being told it was based on a similar ordinance drafted and adopted in Jackson, TN, he researched further and found the Jackson ordinance exists as a part of a Central Business Improvement District. While Hendersonville does not currently have one, the West Main Corridor does satisfy the requirement. Jackson’s ordinance applies to a slum area which Hendersonville does not have. He stated there is no provision of implementation regarding notice to the affected owners which would be provided if it was a Central Business Improvement District. He defers to City Attorney Wray on whether a notice is required. He has found that people are not always aware of ordinances. He used an ordinance adopted in 1970 regarding minors in places of beer sales as an example of people not knowing it exists. Mr. Dennen suggested to the Board that notice should be given with an opportunity to comply. David Luckey of 110 Clarendon Place addressed the Board regarding Ordinance 2025-08. He owns several commercial buildings and thankfully all are currently leased. His concern is that building owners are going to have to pay for a few “bad actors”. He suggested attaching remedies to current ordinances or Codes ordinances and recommended 5 enforcement actions for those that violate the ordinances instead of creating a new one. To Mr. Dennen’s point, he feels commercial real estate agents and title attorneys are not going to know about it and thus not address it. He stated there is a big difference between a vacant building and an abandoned building. He suggested taking the vacancy restrictions off and go with abandonment language. While he does recognize West Main needs to be cleaned up, there are some occupied businesses that could use maintenance, and the proposed ordinance does not address that issue. He researched the origin of the vacancy and abandonment type ordinance and found it originated from San Francisco, moving on to Detroit and Austin, TX. Kody Sharman of 495 Albion Circle addressed the Board in support of the firefighters. He is a US Marine, stationed in Hendersonville in 2014. He was in a horrible motorcycle accident, citing he was almost cut in half, but because of the efforts of HFD with their skills and expertise, his life was saved. He wanted to put a face to everything they do and the skills they have and their impact on the community. CONSENT AGENDA Evans noted an error in the amendment section of Ordinance 2025-04. In Chapter 2, Section 12-102 should be 12-202. Attorney Wray stated it would be clerical as the error is at the top as the contents, but the actual code is correct. Garza moved; Goodwin seconded a motion to approve on Consent Agenda the second readings of Ordinance 2025-03, an ordinance amending the Hendersonville Municipal Code Title 7, to adopt a revised edition of International Fire Code, Ordinance 2025-04, an ordinance amending the Hendersonville Municipal Code Title 12, to adopt a revised edition of the Building and Maintenance Codes, and Ordinance 2025-05, an ordinance amending the Hendersonville Municipal Code Title 13, to adopt a revised edition of International Property Maintenance Code. There was a unanimous vote to approve the consent agenda items. Clary declared the motion carried. ORDINANCES AND RESOLUTIONS Evans asked to be removed as a sponsor from Ordinance 2025-06. Without objection, the request was granted. Clary entertained a motion to bring Ordinance 2025-06 and Ordinance 2025-07 off the table and defer them indefinitely. That would allow the sponsors of each to return those at any time. Collins moved; Evans seconded a motion to bring Ordinance 2025-06 off the table and defer indefinitely. 6 Discussion included Evans noting on Page 67 of the packet after First Reading [of Ordinance 2025-06] and on Page 74 of the packet after First Reading [of Ordinance 2025- 07], that it showed them as passed on first reading when they were tabled. Correction will be made. There was a unanimous vote to approve the motion. Clary declared the motion carried. Collins moved; Evans seconded a motion to bring Ordinance 2025-07 off the table and defer indefinitely. There was no discussion. There was a unanimous vote to approve the motion. Clary declared the motion carried. The caption was read for second 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. Martin moved; Ward seconded a motion to approve Ordinance 2025-08. Clary noted the packet does not include the amendment made two weeks ago which changed Chapter 13 [found in Section 1] to Chapter 15 located on page 77 of the current packet, and on page 82 of the current packet the first sentence in Section 12-1506, (d)(3) now reads “The initial registration fee will be waived for twelve (12) months…” Attorney Wray sent out a version of the ordinance today with changes highlighted in yellow that was a combination of suggestions from Evans, Ward, and Roberson. Clary has some suggestions as well based on the email received last week from Mr. Luckey. Without objection, Ward was added as a sponsor. Ward stated the ordinance needs more work and he agrees with some of the citizens’ comments which need to be discussed or given more time to study. He briefly mentioned some specific items that were removed, but feels definitions are needed for vacancy and abandonment. Evans' changes included removing “a defined area of” from the first WHEREAS, striking the language “that resides in Sumner County, TN” [Chapter 15, Section 12-1501. Definitions 1)] and changing sixty (60) days to one (1) year [Chapter 15, Section 12-1505. Registration]. He agrees with Ward in that vacancy and abandonment each need to be defined and agrees with the spirit of the ordinance but is wondering if there are already ordinances in place that items can be added to address these issues as opposed to creating a new ordinance. 7 Director Free was asked about ordinances already in place that might address a lot of these issues. As far as unkept and unsightly properties and buildings in disrepair, he stated the International Property Maintenance Code was enforced through the Property Maintenance Code Enforcement Officer in the Police Department. Clary inquired if there was anything the City could use now when there is a vacant building that doesn’t violate a zoning or codes issue that becomes an eyesore or dampens resources such as inviting the homeless, having parking issues evolve that aren’t allowed at that location, and constant vandalism. Director Free stated there is nothing that could address those things but could possibly address them after the fact. For example, if there was vandalism that degraded the exterior of the building, the City could send notice to the owner and if they didn’t make the necessary corrections there could then be a citation issued. If there is a vacant building and there are no code violations with the building itself or the site, no zoning or use violations, there is nothing in place to address the concerns Clary mentioned. Sasse expressed concern with striking the language of the authorized agent residing in Sumner County, TN fearing that was too wide of an area. He would be open to restricting it to those who reside in TN or within a certain mile radius. He felt 12-1505 Registration (b)(1) & (2) were repetitive. Clary explained the person of contact for each instance may or may not be the same person as the reason both were included. Burgdorf expressed concern of needing the terms “vacant” and “abandoned” defined before moving forward with the ordinance. Director Free suggested clearly defining vacancy as “vacant, also being there is no active Certificate of Occupancy or approved Use & Occupancy”. This ties an approved use to it. Burgdorf is unsure he can support it at this point. Martin questioned the removal of 12-1507 Vacant building plan (a)(2)(C) & (D) regarding lighting and a regular maintenance plan of lighting citing potential safety concerns. Ward addressed the question agreeing there could be a potential safety issue if there was no lighting, but the plan consists of simply changing the light bulb and didn’t feel that needed to be in writing. Evans moved; Ward seconded a motion to amend Ordinance 2025-08 with all the yellow highlighted language supplied by Attorney Lance Wray. There was a majority vote of ten (10) to three (3) to approve the motion to amend Ordinance 2025-08, with Burgdorf, Martin, and Skidmore voting nay. Clary declared the motion carried. 8 Roberson inquired of Attorney Wray whether the City had proper statutory authorization for the new chapter. Attorney Wray responded there is a preemption statute regarding the registration of landlords under the Uniform Residential Landlord and Tenant Act meaning nothing can be changed or added to that act. There is not a preemption statute for this ordinance and as long as this would be interpreted to fall under the City’s police powers and regulatory powers for protecting the health, safety, and welfare of its citizens, that would be the City’s authority. Attorney Wray continued that it would be on more solid legal grounds if it were more weighted to blighted and deteriorated buildings and feels vacancy needs to be better defined. Roberson proposed six (6) changes to the ordinance with detailed explanation and questions to Attorney Wray. Due to technical difficulties, Goodwin moved to take a five-minute break @ 8:30 pm, Dixon seconded. With a unanimous vote of approval, motion carried. Using the amendment with the yellow highlighted changes passed previously, Clary noted where each of Roberson’s proposed changes were located, temporarily omitting the citing of statutory authority. Roberson moved; Dixon seconded a motion to amend Ordinance 2025-08 with changes submitted by Roberson. Sasse expressed concern with the multitude of changes and not having the time to review the proposed changes. Skidmore expressed concern since the ordinance no longer reflects the one provided in the packet. He suggested referring it back to the General Committee or putting it off until a later BOMA meeting. Burgdorf stated he would like to see how the proposed ordinance lines up with the Property Maintenance Code passed earlier tonight in Ordinance 2025-05. Collins commented she has recently learned that commercial realtors do not use MLS except for land. If there is a building, they are not required to use MLS. There was a majority vote of seven (7) to six (6) with voting as follows: Aye: Dixon, Garton, Garza, Goodwin, Roberson, Sasse, and Clary. Nay: Burgdorf, Collins, Evans, Martin, Skidmore, and Ward. Clary declared the motion carried. Clary moved; Garza seconded a motion to amend Ordinance 2025-08 by changing the language in 12-1501 1) as follows: 9 1) “Authorized agent.” …to be responsible for the security and maintenance of the building and property, who shall have access to the building and property and who shall be available at all times during business and during nonbusiness hours in the case that an emergency occurs requiring immediate response and/or to make immediate repairs within forty-eight (48) hours”. There was a unanimous vote to approve the amendment. Clary declared the motion carried. Collins inquired of Director Free if there was anything in the current code or what was just adopted that deters repeated vandalism. Director Free stated not necessarily repeated vandalism but the results of the vandalism could result in a property maintenance violation of the International Property Maintenance Code. The original ordinance is about vacancy and abandonment. Collins further inquired as to what conditions a building would have to be in before the City could condemn and demolish it legally. Attorney Wray stated the building would need to be declared a nuisance and uninhabitable. There is statutory authority and City authority if it is a nuisance. Director Free offered the steps in the process prior to demolition being notification, citation if the issue was not addressed, then if still not addressed, declaration of a nuisance and a danger, then the City could take action. The City would have to have the money to afford the demolition then file a lien on the property to recover that cost. Collins’ further discussion included unintended consequences, the need to define vacant and abandoned buildings, the Fire and Police Chiefs needing to know which buildings have active alarms and utilities on, potential need for inspections, residential homes now zoned commercial smaller than 1,000 ft. should not have the same fees as an abandoned shopping mall, suggestion of a table reflecting square footage ranges with comparable fees, not only send back to committee, but also have a workshop. Burgdorf suggested if the ordinance goes back to committee, there be an ad hoc committee consisting of a chair, a vice-chair and another person to bring information back to the General Committee. Martin inquired of Wray whether there had been consideration of creating a Vacant Building Commission in order for the City to use the state statute to apply remedies to compel performance instead of creating this ordinance and whether a committee or subcommittee would help by reviewing on a case-by-case basis. Attorney Wray stated he had investigated that particular state statute and was not sure that the City would fall under the statute as it didn’t fall into the boundaries of the last subsection applying to certain counties based on population. He stated the commission would be a good idea to have as it would be more of a due process for property owners. 10 Clary recapped the next step items to be addressed at a workshop including the idea of a commission, citing the City’s statutory authority, agent response, differentiating between vacant and abandoned buildings, creating an appeal process for a building that has been declared vacant, and graduated fees based on the square footage. Skidmore moved; Collins seconded a motion to defer Ordinance 2025-08 indefinitely, to go to workshop, then General Committee. There was no discussion. There was a unanimous vote to approve the motion to defer Ordinance 2025-08 indefinitely. Clary declared the motion carried. Martin moved; Dixon seconded a motion to approve all the appointments and reappointments shown on the agenda except for Item #8 which was removed, as a group as follows: Appointments to the Hendersonville Lakeshore Committee a. The appointment of Robert Bertotti b. The appointment of Jeremy Hatcher c. The appointment of Angela Holmes d. The appointment of Alan Phillips e. The appointment of James Petersen Reappointments to the Hendersonville Art Council a. The reappointment of Rene Shepard b. The reappointment of William Clifford Reappointments to the Hendersonville Parks Board a. The reappointment of Mike Pike b. The reappointment of Thomas Golden c. The reappointment of Mahlon Hellman d. The reappointment of Jill Rathert Discussion included, upon Martin’s request, Dixon explaining the purpose of the Lakeshore Committee voted on in Resolution 2025-06 by reading the Staff Report that accompanied the Resolution. Evans expressed his appreciation to all the teams that put in extra work during the storms this past weekend. Additionally, while very appreciative of those wishing to serve on the committees and boards, he shared his concerns that all wards were not represented equally due to the redistricting of wards. He expressed concerns with representation on the Lakeshore Committee, and asked for Clary’s assurance that his appointments would 11 include at least one person from Ward 2 or Ward 5, as Wards 1, 2, 4, and 5 are touched by the shoreline and have representatives already from Wards 1 & 4. Clary added that he and Dixon have looked at diversity in the interests of the individuals who have applied so several areas of lake use can be represented. Dixon shared the number of individuals on the committee for each ward. Evans continued that the Art Council has representation from all wards. While the Parks Board does have representation from each ward, he expressed concern that one-third of the representation was from Ward 4. Clary explained with his appointments he tries to bring those who have recreational experience and can bring something to the Parks Board that perhaps there is no perspective on. Dixon added that while she appreciates the representation concern, she views the Parks Board as more parks oriented as opposed to ward oriented. Evans responded he views it differently and used the example of his own Ward 6 as only having one representative, but four (4) parks in Ward 4. There was a unanimous vote to approve all appointments and reappointments as listed above. Clary declared the motion carried. BRIEF COMMITTEE REPORTS General – Garza • Met April 8, 2025 • Discussed Resolution 2025-14, a Resolution authorizing the Mayor to sign a Release of Deed Restrictions Agreement relative to the Bradford-Berry Property. Recommended and moved to BOMA. Public Safety – Goodwin • No Report Planning – Martin • Approved Site Plans o Valvoline • Staff-Level Projects Pending o Caudill Estates o Fergusson Acres o Forest Retreat Subdivision o Hendersonville Football Stadium o Millstone Phase 7 12 • Planning Director Comments o Offers are out for the position of Senior Planner o Timothy Whitten received the City of Hendersonville Employee of the Month award o Election of Officers as follows:  Tim Altizer – Chairman  Wendy Slatery – Vice Chairman  Vanessa Silkwood – Secretary  Charles Hasty – Vice Secretary BOMA Report-Eckenroth • Mayor Clary’s State of the City presentation takes place at Birdie Bros on April 11, 2025, at 7:30 am. • Storm update – No significant impacts. Parks flooded, trees down. NES originally had 60,000 customers without power, currently there are 500. Over 60 poles were broken. Parks and Public Works will be busy cleaning up. The limb crew will be collecting on the regular routes as well as the storm routes. • Parks is still recovering from the last storms. It takes a lot of people to get through storm events starting with Police, Fire, Parks, Public Works, then Finance, who does all the paperwork for the FEMA reimbursements. . • Paving in April – 5 lane miles. • Sales Tax is up $73,000 over February 2024 and up approximately $865,000.00 year over year. • General Fund Operating Expenditures are up significantly for February, but only 1% over for the year. • PIPP Fund updates • Police calls remain on trend with previous years. The increase seen is because the reporting of self-initiated calls is included. • Increase in LPR hits. Numbers now include every time the license plates help solve a crime as well as when having blue lights on them. This shows the effectiveness of the LPR cameras. • Multiple Parks events, Special Needs Egg Hunt at Mary’s Magical Place April 10. First Baptist Church’s Egg Hunt at Sanders Ferry Park. • Stormwater Projects are nearing 100% completion for the 23 budgeted projects for this year. • Casey LaMarr gave awareness of a mock DUI event at Hendersonville High School in conjunction with TriStar Medical Center involving Police and Fire and a Medivac helicopter. There will be lots of emergency vehicles. To avoid panic, homes surrounding the area will be visited in person to be made aware and flyers will be given out, a Code Red text will be sent to the peninsula area, schools have been sending notices out and notification will be put on the City’s social media. • TDOT Update on the Walton Ferry realignment is on the City’s website. • Bradford Berry Progress-GE’s legal has asked for a supplement to the Phase 2 report, and release of liability. It is still looking positive to get deed restrictions removed. They have also requested a survey which is being coordinated by Public Works. • Skidmore asked Eckenroth to look into Mr. Taylor’s situation that he spoke about 13 during Citizens’ Comments prior to the next Public Works Committee meeting. Appreciative of the TDOT updates • Roberson inquired about the Capital Projects ROW at Drakes Creek & Stop 30. He is aware appraisals have been received, and purchases have been made. When can construction be expected to start. Eckenroth responded that everyone has signed for the right of way acquisition. This involves a CMAQ grant so you must go through the federal process. No imminent domain issues. Seven (7) of the eleven (11) properties have closed. It will probably take six (6) months to complete the plans which are in motion. Roberson asked to discuss it at the next Public Works meeting. Roberson also mentioned the pros and cons of tornado sirens. Upon motion by Dixon and second by Garza there was a unanimous vote for approval to adjourn. Clary declared the meeting adjourned at 9:52 p.m. Approved: Jamie Clary, Mayor Attest: Tamara Ingersoll, City Recorder 14 RESOLUTION 2025-14 Sponsor: Clary A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RELEASE OF DEED RESTRICTIONS AGREEMENT RELATIVE TO THE BRADFORD-BERRY PROPERTY WHEREAS, on December 13, 2023, HTPC, LLC donated certain real property to the City located at 250 East Main Street, between Maple Row Blvd and Maple Drive on the north side of East Main Street, identified on Sumner County Tax Map 159J, Group A, Parcel 021.19 (also known as the “Bradford-Berry property”); WHEREAS, the Bradford-Berry property deed contains certain deed restrictions placed by General Electric Company that have existed from as early as May 28, 1997, when the property was conveyed from General Electric to H.T.P.C. LLC by Special Warranty Deed and recorded on May 23, 1997 in Record Book 697, Pages 832-837, Register’s Office for Sumner County, Tennessee (the deed restrictions are listed on Exhibit B of the proposed Release Agreement attached hereto); WHEREAS, a Phase 1 Environmental Site Assessment (ESA), as well as a Phase II, Subsurface Investigation ESA has recently been performed on the Property, the results of which are to the satisfaction of General Electric and to the City, and General Electric agrees to release the Restrictions subject to the terms and conditions of the release agreement: WHEREAS, the City desires that the deed restrictions be released for the ability to use the property without the restrictions: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the City hereby approves such a release of deed restrictions on the Bradford-Berry property, and hereby authorizes the Mayor to sign the attached Release of Deed Restrictions and Restrictive Covenants, subject to possible minor changes in language by legal counsel of the parties. Adopted this the ____ day of _______________, 2025. APPROVED: __________________________ JAMIE CLARY, Mayor ATTEST: _________________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM AND LEGALITY: _____________________________________ LANCE A. WRAY, City Attorney 15 Legislative History Resolution 2025-14 Sponsor: Clary Committee: General Date of Committee Meeting: April 8, 2025 Committee Recommendation: Yes BOMA Reading: April 22, 2025 16 DATE: April 22, 2025 ORDINANCE/RESOLUTION # Resolution 2025-14 That the Board of Mayor and Alderman authorize the SPECIFIC REQUEST/ Mayor to execute an agreement between the City and RECOMMENDATION: General Electric (GE) to remove deed restrictions on the STAFF Bradford Berry Property. REPORT REPORT PREPARED BY: Jesse Eckenroth – Chief of Operations BACKGROUND: 1 General Electric (GE) formerly owned and occupied the current Aladdin Building adjacent to City Hall and owned the adjacent Bradford Berry property at 260 East Main. GE placed deed restrictions on the Bradford Berry property excluding recreation type uses of the property. Deed restrictions run with the land and apply regardless of ownership. When GE owned the property GE had discretion to place deed restrictions on the property. Sale/transfer of property/ownership does not authorize the new owner to amend the deed restrictions; however, the party who originally placed the deed restrictions on the property has the legal authority to remove the deed restrictions. DISCUSSION: 2 The Bradford Berry property was donated to the city in 2023 when the property was approved for new development. The property owner separated the then one large parcel into several smaller parcels, the largest parcel being the 13+ acres donated to the city. The deed restrictions on the property limited the city’s potential use of the property. The city has been engaging with GE’s legal counsel to develop a path to remove the property’s deed restrictions. The city has conducted a Phase II environmental report, via Athena Consulting. The phase II report did not detect the presence of harmful conditions and was presented to GE without objection. As the city prepares to formally request removal of deed restrictions, GE has asked, amongst other ancillary items, for the city to prepare an agreement between both parties to identify future liability associated with the property. The draft agreement attached to Resolution 2025-14 identifies said liabilities. FISCAL IMPACT: 3 No budget amendment required and no foreseeable financial impact. All legal work for this project is being performed in-house by GE and the city, no outside legal needed. 17 ADDITIONAL INFORMATION / PHOTOS: 4 PARCEL E Subject Area = Parcel E ATTACHMENTS: 5 • Resolution 2025-14 • DRAFT - Bradford-Berry Release of Deed Restrictions and Restrictive Covenants 18 RELEASE OF DEED RESTRICTIONS AND RESTRICTIVE COVENANTS THIS RELEASE OF DEED RESTRICTIONS AND RESTRICTIVE COVENANTS (this “Release”) is dated as of the ____ day of ___________, 2025 (the “Effective Date”) by General Electric Company, a New York corporation (“General Electric”), and the City of Hendersonville, a municipal corporation existing in the State of Tennessee (the “City”), herein collectively also referred to as the “Parties.” RECITALS WHEREAS, the City owns certain real property located in Sumner County, Tennessee, as more particularly described on Exhibit A attached hereto (the “Property”), being the same property conveyed to City of Hendersonville, a municipal corporation existing in the State of Tennessee, by General Warranty Deed from H.T.P.C. Partnership 2, a Tennessee general partnership whose address is 4548 Scenic View Drive, Pegram, TN 37143, on December 13, 2023, of record as Instrument # 1469142 in Record Book 6284, Pages 697-703, recorded on December 19, 2023, Register’s Office for Sumner County, Tennessee; WHEREAS, the Property is subject to certain restrictive covenants (“Restrictions”) made by General Electric and as attached on Exhibit B, in its conveyance by Special Warranty Deed from General Electric to H.T.P.C. LLC, a Tennessee limited liability company, on May 28, 1997, and recorded on May 23, 1997 in Record Book 697, Pages 832-837, Register’s Office for Sumner County, Tennessee (the “Source Deed”); WHEREAS, the Restrictions contain provisions limiting the use of the Property, which the City has requested General Electric release on the Property; WHEREAS, a Phase 1 Environmental Site Assessment (ESA), as well as a Phase II, Subsurface Investigation ESA having been performed on the Property, the results of which being to the satisfaction of General Electric and the City, General Electric herein agrees to release the Restrictions subject to the terms and conditions herein: NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00), the receipt of which is hereby acknowledged, and for the purposes of carrying out the intentions expressed above, General Electric and the City, intending to be legally bound, hereby agree as follows: 1. The foregoing recitals are incorporated herein by reference thereto. 2. General Electric hereby agrees to and does hereby release and relinquish all of its right, title and interest in and to the Restrictions, and the enforcement thereof, contained in Exhibit B, as they pertain to the Property; and hereby fully releases the Property from such Restrictions immediately as of the effective date of this Agreement; and further agrees that the City and subsequent grantees may use the Property without any limitations imposed by those restrictions. For purposes of clarification, all such Restrictions in Exhibit B are hereby null and void. 3. The Parties acknowledge that as further consideration for this Release is the mutual benefit of the Parties to the Property and the ability to use the Property without the restrictions. 19 4. The parties hereby release and discharge each other from any and all claims, liabilities, demands, actions, or causes of action of any nature whatsoever, whether known or unknown, arising out of or in any way connected with the Release of Restrictions. General Electric does not undertake any liability or obligation relating to the Property or this Release. 5. Nothing contained herein shall be construed to entitle the City, or any third parties, to bring any actions against General Electric for any matters related to the Release of Restrictions. 6. This Agreement shall be binding upon and inure to the benefit of the successors, assigns, and legal representatives of the Parties. 7. The parties hereto represent, warrant and covenant (as applicable) that they are duly organized or formed, validly existing and in good standing under the laws of its state of incorporation or formation; and the person(s) who have executed this Agreement on behalf of the parties is duly authorized to do so. 8. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. 9. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes any and all prior or contemporaneous communications and proposals, whether oral or written. 10. The City shall record this Release with the Sumner County Register of Deeds. [Remainder Of Page Intentionally Left Blank] 20 IN WITNESS WHEREOF, we, the undersigned, by our duly authorized agents, have hereunto affixed our signatures as of the effective date above. GENERAL ELECTRIC COMPANY, INC. CITY OF HENDERSONVILLE By: ___________________________ By:__________________________ Name: _________________________ Name: _______________________ Title: _________________________ Title: _______________________ STATE OF _________________ COUNTY OF _________________ Before me, a Notary Public in and for said State and County, duly commissioned and qualified, personally appeared ____________________, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence) and who, upon oath, acknowledged herself/himself to be the _______________________ of GENERAL ELECTRIC COMPANY, INC., a ______________________ corporation, and that he/she as such being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the company by herself/himself as such _______________________. WITNESS my hand and Notarial Seal at office this the day of , 2025. ____________________________________ Notary Public My Commission Expires: __________________ STATE OF TENNESSEE COUNTY OF SUMNER Before me, a Notary Public in and for said State and County, duly commissioned and qualified, personally appeared JAMIE CLARY, with whom I am personally acquainted (or proved to me on the basis of satisfactory evidence) and who, upon oath, acknowledged himself to be the Mayor of Hendersonville, Tennessee, a Tennessee municipal corporation, and that he as such being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the municipal corporation by himself as such Mayor. WITNESS my hand and Notarial Seal at office this the day of , 2025. ____________________________________ Notary Public My Commission Expires: __________________ 21 EXHIBIT A Legal Description of Property SURVEYOR'S DESCRIPTION Tax Map 159J Group A Part of Parcel 21.19 A tract of land in the City of Hendersonville, Sumner County, Tennessee, generally situated between Indian Lake Boulevard and Maple Drive North, and on the North side of East Main Street (U.S. Highway 31E, State Route 6), said tract of land being part of the H.T.P.C. Partnership 2 property of record in Book 697, Page 832, in the Sumner County Register's Office, being more particularly described as follows: BEGINNING at the Northerly Right of Way line of East Main Street, (U.S. Highway 3 l E, State Route 6), (129' R.O.W.), on a common corner with Lot 6 on the plan of Sholodge of record in Plat Book 16, Page 292, Register's Office for Sumner County, same being the Southeasterly corner of the herein described property; THENCE, leaving Lot 6 with the Northerly Right of Way line of East Main Street, S 61° 02' 11" W, 58.0 I feet; THENCE, leaving the Northerly Right of Way line of East Main Street with a new severance line crossing H.T.P.C. Partnership 2 property with the following calls: N 30° 29' 46" W, 29.84 feet, With a curve to the right, having a central angle of 19 ° 26' 22", a radius of 425.00 feet, a tangent of 72.80 feet, and a chord of N 20° 46' 36" W, 143.50 feet for an arc length of 144.19 feet, S 78 ° 34' 18" W, 124.91 feet, N 11° 25' 42" W, 153.22 feet, S 78° 34' 23" W, 180.15 feet, N 54° 46' 14" W, 98.24 feet to the Easterly line of JPO Colorado, LLC of record in Record Book 3184, page 96, R.O.S.C.; THENCE, along said Easterly line of JPO Colorado, LLC with the following calls: With a curve to the left, having a central angle of 42 ° 11' 04", a radius of 250.00 feet, a tangent of 96.43 feet, and a chord of N 07° 53' 11" W, 179.94 feet for an arc length of 184.06 feet to the PT of a non-tangent circular curve; N 28° 58' 43" W, 894.13 feet to the Southerly line of Mathews Partners, Inc. of record in Record Book 1570, page 775, R.O.S.C.; THENCE, leaving said Easterly line of JPO Colorado, LLC with the Southerly line of Mathews Partner, Inc. with the following calls: N 66 ° 30' 51" E, 66.28 feet, N 60 ° 49' 52" E, 145.62 feet, N 65° 16' 30" E, 216.56 feet to a common corner with Hendersonville Holding, LLC of record in Record Book 3688, page 830, R.O.S.C.; THENCE, leaving Mathews Partners, Inc. with Hendersonville Holding, LLC the following calls: With a curve to the left, having a central angle of 12° 50' 52", a radius of 716.32 feet, a tangent of 80.65 feet, and a chord of S 38° 44' 44" E, 160.29 feet for an arc length of 160.63 feet to an old iron rod, S 44° 20' 28" E, 37.75 feet to an old iron rod, 22 With a curve to the right, passing a common corner with Sholodge Section 2 of record in Plat Book 20, Page 218, R.O.S.C., having a central angle of 32° 05' 30", a radius of 923.53 feet, a tangent of 265 .62 feet, and a chord of S 29 ° 00' 3 7" E, 510.54 feet for an arc length of 517.28 feet; THENCE, continuing with Sholodge Section 2, passing the Northwesterly corner of Lot 5 on the plan of Sholodge of record in Plat Book 16, page 292, R.O.S.C., S 12° 54' 42" E, 529.63 feet, Continuing with Sholodge, S 28° 02' 43" E, 40.97 feet, S 13 ° 04' 18" E, 155.41 feet, passing the Northwest corner of Lot 6 on the plan of Sholodge of record in Plat Book 16, page 292, R.O.S.C., Continuing with Lot 6 with a curve to the left, having a central angle of 17° 22' 40", a radius of 392.77 feet, a tangent of 60.02 feet, and a chord of S 21° 53' 17" E, 118.67 feet for an arc length of I 19.13 feet; S 30° 29' 40" E, 16.47 feet to the POINT OF BEGINNING. Containing 576,561 square feet or 13.24 acres of land, more or less. Being a portion of the same property conveyed To H.T.P.C. Partnership 2, a Tennessee General Partnership, as Surviving Entity Of H.T.P.C., LLC, a Tennessee Limited Liability Company, by Special WaiTanty Deed from General Electric Company, of Record in Record Book 697, Page 832, in the Register's Office for Sumner County, Tennessee. 23 ----'1!N:-~'i],.,,N;::1;;~ . . EXHIBIT "B" This conveyance is expressly subject to (i) zoning and other municipal, health and police regulations and ordinances of the state, county and city, town or village in which the premises described in EXHIBIT "A" (Premises") lie, (ii) covenants, easements, restrictions and reservations of record, (iii) easements for the flow of any creek, streams or branches, (iv) any state of facts that a survey or inspection of the Premises might disclose, (v) taxes not yet due and payable, (vi) all of the terms, conditions and provisions of those certain lease agreements by and between General Electric Company and Bosch Automotive Motor Systems Corporation ("Bosch") dated as of June 13, 1996 ("Bosch Lease") and General Electric Company and Hendersonville Arts Council of Hendersonville, TN, dated as of August 24, 1983 and letter agreement dated February 18, 1997 (collectively, the "HAC Lease"). Grantee further hereby acknowledges and agrees that as a material inducement to and in consideration of Grantor's agreement to sell the Premises to Grantee and, notwithstanding anything to the contrary that may at any time be permitted by law, including, without limitation any zoning ordinances now or in the future affecting the Premises, Grantee, its successors and assigns, shall use the Premises solely for industrial and commercial purposes. Notwithstanding the foregoing, in no event shall any part of the Premises be used at any time for residential purposes, outdoor recreational activities, including, without limitation, parks or playgrounds, nor shall any part of the Premises be used at any time for a child care center, school, elder care facility, nursing home or hospital regardless of whether any of the foregoing enumerated uses are considered permissible commercial purposes pursuant to any applicable zoning ordinances or otherwise (the foregoing limitations and restrictions are hereafter collectively referred to as the "Restrictions"). In the event that Grantee or Grantee's successors or assigns shall breach any of the Restrictions, Grantor shall have a right of re-entry and the right to terminate the estate hereby granted and to take title to the Premises, and to avail itself of all remedies at law and in equity on account of such breach, including, without limitation, monetary damages resulting from such breach, permanent injunction(s) and specific performance, provided, however, that prior to Grantor's exercise of any of the foregoing rights (i) Grantor shall have first given written notice of such breach to Grantee or its successor in title and every mortgagee or beneficiary of a deed of trust having a lien of record affecting the Premises or any part thereof, and (ii) such breach shall have remained uncured for more than ninety (90) days from the date of such written notice. These Restrictions shall be binding upon Grantee, its successors and assigns. 837 1468 24 RESOLUTION 2025-15 Sponsor: Clary A RESOLUTION AUTHORIZING THE HANDMADE MARKET TO RENEW ITS USE OF THE GROUNDS OF CITY HALL FOR ITS MARKET ACTIVITIES WHEREAS, a business entity located in the City of Hendersonville, Tennessee (“the City”), doing business as The Handmade Market, received permission to use the grounds of City Hall on designated days throughout the past three (3) years for its market activities, subject to meeting certain conditions; WHEREAS, The Handmade Market seeks the similar arrangement of use of the grounds of City Hall for the calendar year 2025, subject to meeting the same conditions as the year prior; and WHEREAS, H.M.C. 1-1007(2) prohibits the use of municipal property for private gain except as authorized by the governing body with a determination that the use is in the best interest of the City: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MAYOR AND ALDERMEN OF THE CITY OF HENDERSONVILLE, TENNESSEE, that the business entity known as The Handmade Market is authorized to use the grounds of City Hall on the days so designated for its market activities, such use having been determined to be in the best interest of the City, subject to the following requirements: 1. There must be a written agreement, approved by the City Attorney, signed by the parties, in which the operator of The Handmade Market agrees to indemnify and hold harmless the City from any and all claims resulting from the market activities on the grounds of City Hall. 2. The operator of the Handmade Market must provide the City proof of liability insurance in the minimum amount of $1,000,000.00, with the City as a named insured. 3. The operator of the Handmade Market must pay the City a one-time event fee of $200.00 for its events beginning May 3, 2025, through December 31, 2025. The requirements of this Resolution must be met prior to any further events of the Handmade Market on the grounds of City Hall ADOPTED this the _____ day of ______________, 2025. APPROVED: ____________________________ JAMIE CLARY, Mayor ATTEST: __________________________________ TAMARA INGERSOLL, City Recorder APPROVED AS TO FORM: __________________________________ LANCE A. WRAY, City Attorney 25 LEGISLATIVE HISTORY Resolution 2025-15 Sponsor: Clary Committee: Public Works Date of Committee Meeting: April 22, 2025 Committee Recommendation: BOMA Reading: April 22, 2025 26 Hendersonville Metrics April 2025 FINANCE LOCAL SALES TAX REVENUE July - February, 6.17% 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 2023 FY 2024 FY 2025 February 2024 vs. February 2025 Local Sales Tax = $73,326 More Investment Earnings = $119,413 February 2025 vs. $129,973 in February 2024 LOCAL SALES TAX REVENUE July - February, $864,620 from Prior Year 16,000,000 14,000,000 14,870,799 14,006,179 12,000,000 13,389,781 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 - FY 2023 FY 2024 FY 2025 27 LOCAL SALES TAX & PERMIT REVENUE July - February YTD 6.79% 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 2023 FY 2024 FY 2025 GENERAL FUND OPERATING EXPENDITURES YTD 0.91% 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 - JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN FY 2023 FY 2024 FY 2025 28 PIPP JULY – FEBRUARY 29 30 PUBLIC SAFETY HFD - CALLS FOR SERVICE July-March, YTD 2.9 % 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 - March, YTD 43.26 % 6,500 6,000 5,500 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 - March 60,400 50,400 44,774 40,400 32,061 31,254 30,400 20,400 10,400 6,343 5,865 6,035 400 FY 2023 FY 2024 FY 2025 YTD FIRE YTD POLICE HPD - LPR CONTACTS 30 25 20 15 10 5 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 July - March, YTD 1.91% July - March, YTD X-26.16 % From Prior Year 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 12,000 July - March 10,000 8064 8,000 6784 5359 6,000 4,000 2,000 2713 2043 2082 0 FY 2023 FY 2024 FY 2025 YTD Permits YTD Inspections 33 PLANNING USE & OCCUPANCY PERMITS ISSUED YTD from Prior Year -15.43% 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 80 YTD from Prior Year -15.38% 70 14 60 28 52 44 12 50 10 40 8 40 30 6 20 4 2 10 16 18 0 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 APRIL EVENT LOCATION TYPE OF EVENT April 4-6 Hunter MS Softball DCP Softball April 4-6 TPSSA Tennessee Classic DCP Softball April 5 Borderless Arts - Water Warriors Memorial Park Community Event April 5-6 Roller Derby Volunteer Park Roller Derby April 5 - 6 TN Game 7 DCP and/or Vets Baseball April 5 - 6 True South Rugby RUGBY RUGBY April 6 Bodies Half Marathon VP Race April 10 Special Needs Egg Hunt Mary's Magical Place Community Event April 11 Station Camp HS Senior Picnic SFP School Event April 11-12 HHS Invitational Memorial Park Tennis April 11-12 SAF Fishing Tournament HS SFP Fishing April 12 K9 Classic Drakes Creek Greenway Community Event April 12 Beautiful Hendersonville Plant Sale Memorial Park Community Event April 12 - 13 Music City Friendly DCP Softball April 12 - 13 TN Game 7 DCP and/or Vets Baseball April 12 - 13 Nash Bash HS/MS Rugby Rugby Rugby April 13 Elementary XC SFP Cross Country April 18 - 19 Hendersonville JV Tourn DCP Softball April 19 FBC Egg Hunt SFP Community Event April 25-26 Griffin Classic DCP Softball April 25-27 TUSC Tournament of Champions DCP Soccer 35 36 PUBLIC WORKS STORMWATER PROJECTS - PAVING (IN LANE MILES) - YTD July - March YTD July - March 25 50 49.26 45 23 20 40 35 30 32.32 15 25 10 20 18 15 5 10 5 0 0 Budgeted Completed Budgeted Completed CAPITAL PROJECTS RIGHT OF WAY (ROW) Property Limits Project Determined Survey Work Appraisals Offers 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 0 Roundabout Drakes Creek at 11 11 11 11 11 11 11 11 Stop 30 Exit 8 13 13 5 5 5 0 0 0 37 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 Accounting Tech - Accounts Payable Finance Senior Planner Planning Road Maintenance Worker II (Part-time) Public Works Firefighter (Eligibility List) Fire Parks & Recreation Student Intern Parks Program Supervisor (Seasonal) Parks Special Events Program Supervisor Parks Police Officer (eligibility list) Police 38 EMPLOYEE INNOVATION PROGRAM Estimated Implementation Efficiency Idea Cost Savings Phase For The City Electric vehicles for City Daily Use to Departmental supplant gasoline Review TBD Departmental Compressed Work Week Schedule Review Non-Monetary Create a Field Training Officer Position to maximize training efficiency for new Departmental officers and reduce costs Review TBD Contract Services for Fleet Maintenance Initial Review TBD Deer Management Process on City Owned Land Initial Review Non-Monetary Reduction of city paid cell phones in Realized Benefit Parks Completed Moving Finance & HR Documents electronically Initial Review Non-Monetary Lean Six Sigma (Efficiency) Training Initial Review Non-Monetary Monitoring Parks DNS Services moved to Departmental IT Review Non-Monetary Utilizing retailer perks to save the City money Initial Review 39

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