Board of Mayor & Aldermen
Regular MeetingHendersonville, TN · April 22, 2025
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.
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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.
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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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