Board of Mayor & Aldermen

MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE 1 CITY OF HENDERSONVILLE BOARD OF MAYOR AND ALDERMEN MINUTES OF REGULAR MEETING August 12, 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 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 ABSENT KAREN DIXON, ALDERMAN The August 12, 2025, BOMA meeting was opened by Mayors for a Moment Karina, Elena, and Natalie Bergstrom. Karina opened the meeting, and Elena introduced Pastor Seth Nolan of Heights Church to lead the opening prayer. The Pledge of Allegiance was led by Natalie Bergstrom. AGENDA Garza moved; Martin seconded a motion to accept the August 12, 2025, agenda. Ordinance 2025-12 was withdrawn by Goodwin, to be brought back to the next meeting. There was no discussion. There was a unanimous vote to approve the agenda. Clary declared the motion carried. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE2 PRESENTATIONS None PUBLIC HEARING None MINUTES Burgdorf moved; Ward seconded a motion to approve July 22, 2025, BOMA Meeting minutes. Sasse moved, Roberson seconded a motion to revise the minutes to show Sasse as voting "nay" on the motion to take a break making the vote eleven (11) to one (1) instead of Unanimous. There was a unanimous vote to approve the motion to correct the minutes. Clary declared the motion carried. There was a unanimous vote to approve the minutes as amended. Clary declared the motion carried. CITIZENS' COMMENTS The guidelines were read by Mayor Clary. David Luckey of 110 Clarendon Place addressed the Board in opposition of Ordinance 2025-14 regarding the moratorium. As a property owner and developer in the City of Hendersonville, he doesn't believe the reasons given in the ordinance apply, such as the evaluations of impact fees, public infrastructure strain, traffic and overall quality of life. He recommends not implementing a moratorium just to add more time to evaluate impact fees. He mentioned the City's long-term transportation plan and the overlay to try and improve the west side of Hendersonville. This plan was to encourage capital to be invested in the City and now it seems to say stop while this is evaluated. He feels it will curtail businesses investing thinking the City may shut their project down. His impression is that the City is taking away the use of the properties that were originally sighted to be improved under the Westlake Overlay. He feels that retailers or other large property taxpayers wiJl not locate in Hendersonville if multi-family options are not included in that area. Looking at tax revenue, six (6) of the top ten (10) taxpayers in Hendersonville are multi-family projects. Another two (2) are higher density aged-based multi-family projects. He reiterated his opposition to the moratorium stating he felt it was a mistake, and the City could handle the mentioned issues without putting one in place. He feels the business community will view Hendersonville as being hard to work with. MJNUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE3 CONSENT AGENDA None ORDINANCES AND RESOLUTIONS The caption was read for first reading of Ordinance 2025-14, an ordinance imposing a nine (9) month moratorium on the acceptance, review, and approval of applications and permits and for high-density residential developments within the city of Hendersonville Tennessee. Martin moved; Sasse seconded a motion to approve Ordinance 2025-14. Evans stated he is against Ordinance 2025-14 as the moratorium targets high-density and there is a need for that type of dwelling in Hendersonville. He feels the Planning Department and the Hendersonville Planning Commission do a good j ob as Hendersonville has some strict zoning, codes, and laws. Consideration needs to be given to how thls looks to the business community and those outside of Hendersonville. The City could be viewed as hard to work with. Developers could go elsewhere. There is a potential of making a long-standing negative impact if the moratorium is put into place. Trust the current process. Goodwin shared that her constituents want the moratorium; they want the building to sto_p. She posed the question to Attorney Wray asking if the Board passes this ordinance, is the City ok to proceed? Attorney Wray responded there was not an easy answer when it comes to any kind of taking of someone's full use and benefit of their property. There is always a risk. A court would look at several things. Sasse spoke in support of and urged support of the ordinance. With growth comes challenges such as infrastructure strain, impacts on services such as traffic, parks, emergency services and stormwater systems which impact the quality of life. During the time of the moratorium, impact fees will be discussed. The ordinance is not to stop progress; it is to take a moment to plan wisely to protect what makes the City of Hendersonvi11e special. Burgdorf also spoke in support of the ordinance. After a contentious budget season, he feels there is a need to look back and see where the City is and where it's going. He clarified the ordinance will only affect multi-family projects. With more people there is a need for more safety, which puts a drain on resources. The pause is needed to address these measures and see the results of decisions on the impact fees and how those can be used. He urged the support of his colleagues. Collins addressed Planning Director Free asking if the moratorium would impact the quality of future development, how a moratorium on eight (8) acres or more residential development could impact commercial development, and whether commercial development was dependent upon rooftops. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE4 Director Free stated it was difficult to say from a professional standpoint, and he doesn't want to put the City in a difficult position. He can't address it as positive or negative as there has not been a moratoriwn before. He verified that commercial development was dependent on rooftops. Developments that were approved years ago will cause a continued increase in population in the county, White House and Gallatin. As a central retail service area, the retail areas will remain strong. It is the totality of what is being built within our service area. Collins inquired as to how many properties of eight (8) units/acre, or more are currently zoned in this way. Director Free responded in straight zoning there are only a couple of pieces of undeveloped multi-family properties that could be built up to fifteen (15) units/acre. Any other projects would require a rezoning to multi-family or would require a plan development, which could increase the number of units. To increase the number of wtits to fifteen (15), it would have to be a Multi-Family Plan Development or an MXC Planned Development. The way the moratorium is written, it would not impact anything that already has an active Plan Development. Director Free added that units per acre are based on the totality of the development. Everything is included in addition to the lots; green space, roads, etc. Collins addressed Attorney Wray asking what the chances of him stating in a public meeting that the City would lose a lawsuit. Attorney Wray chose silence as a response. Roberson requested Director Free provide some information to be compiled by the second reading of this ordinance. His request included: • An exhibit of all existing vested properties that the moratorium would not touch. • An exhibit showing the properties that are non-vested that could potentially be high-density developments. • How would this ordinance affect the Westlake Plan, and would it supersede the Westlake Plan? Roberson further explained his last question asking what the restrictions for residential on The Westlake Plan were as far as units per acre. Director Free responded three (3), four (4) and a couple of properties with Future Land Use Plans that aren't currently zoned for it, that could move forward with rezoning. but there is nothing waiting to happen at this point. Rezoning could take it to five (5) units/acre. The maximum in the Westlake Plan is five (5) units/acre. That doesn't mean something couldn't come forward with higher units/acre. Roberson asked permission to ask Mr. Luckey a question. Without objection the rules were suspended to hear from David Luckey. Roberson asked Mr. Luckey ifhe had ever developed a high-density development of eight (8) units/acre. Mr. Luckey responded not in Hendersonville, but he does have a site in Hendersonville that is vested. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGES Roberson noted in the fifth (5 th ) "WHEREAS" he feels public schools should have been added. Skidmore inquired of Director Free whether anyone has come to Planning with a high density development that fits the criteria. Director Free stated there have been inquiries but nothing specifically submitted. Skidmore is not fond of not going through the Planning process. His constituents are telling him no more high-density building. He supports the moratorium. Traffic is and will be an issue, but progress is being made. The ordinance will protect the school system and surrounding areas. He's not saying the ordinance should be supported forever. He asked for the Board's support of the ordinance. Evans verified with Director Free the number of high-density properties that are not vested. Director Free responded property that is already vacant and zoned multi-family with nothing in process is two (2) parcels. Evans continued his comments with concerns if the City doesn't have homes of different values and ways to live, they could be running people out of living in Hendersonville. Martin agrees with comments previously made by others that the moratorium is for the citizens and will look out for public safety and the welfare of those citizens. Martin continued by inviting Roberson to make a motion to add the public schools to the ordinance as he agrees with Roberson's previous comments. Martin moved; Roberson seconded a motion to amend the fifth (5 th) "WHEREAS" after "stormwater management," add, ''public schools, and overall quality of life". There was a majority vote of eleven (11) to one (1) with Evans voting "no". Clary declared the motion to amend carried. Garza added his support of the ordinance stating he doesn't think a nine (9) month moratorium will dissuade anyone. Without objection Garza was added as a sponsor. There was a majority vote of eleven (11) to one (1) with Evans voting "no". Clary declared the original motion as amended carried. The caption was read for Resolution 2025-22, a resolution approving an agreement with the Pope John Paul II school for the shared use of city parks and Pope John Paul II school facilities. Martin moved; Sasse seconded a motion to approve Resolution 2025-22. There was no discussion. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE6 There was a unanimous vote to approve Resolution 2025-22. Clary declared the motion carried. The caption was read for Resolution 2025-23, a resolution authorizing the city to apply for the Public Entity Partners "Safety Partners" grant. Garza moved; Goodwin seconded a motion to approve Resolution 2025-23. There was no discussion. There was a unanimous vote to approve Resolution 2025-23. Clary declared the motion carried. The caption was read for Resolution 2025-24, a resolution authorizing Broken Paddle Outfitters, LLC ce1tain use of the city's logo. Garza moved, Sasse seconded a motion to approve Resolution 2025-24. Discussion included comments from Garton who stated guidelines were needed for the use of the City's logo for now and in the future. She has concerns with the City logo being on an item with other graphics, logos, or verbiage that would not be in line with the City. She also suggested before any items were sold, the item with the logo would come to City staff for approval. Attorney Wray stated this could be added to the License Agreement that is attached to the resolution by making a motion to amend the License Agreement so that particular stipulation could be included. The License Agreement could be amended to include the products being pre-approved. Garton moved a motion to amend Resolution 2025-24 by amending the License Agreement adding section 1.3 to include staffs approval on the products to be sold with no additional graphics and/or verbiage added with the City logo. Clary suggested asking Attorney Wray to come up with an ordinance soon to give guidelines and to specify how to initiate them. Attorney Wray added the reason he adds license agreements is to add certain protections for any situation.. The City always has the right to inspect and disapprove of the use if it isn't within the City's standards and preferences. Roberson agreed with Garton that policies and procedures should be established. He questioned whether an additional resolve could be added worded something like "Within sixty days, the staff will bring back to BOMA policies and procedures and setting out practices for using City logos." Attorney Wray agreed it could be added as a second resolve. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE7 Roberson moved; Garton seconded a motion to add the second resolve and to give the City Attorney discretion to make the wording correct. Garton clarified she did make the motion regarding no graphics or verbiage to be added to products sold with the City logo. Garton and Roberson agreed to combine their motions into one. Restating the motion, Garton moved; Roberson seconded a motion to amend Resolution 2025-24 by amending the License Agreement adding section 1.3 to include staffs approval on the products to be sold with no additional graphics and/or verbiage added with the City logo and to add the second resolve stating "Within sixty days, the staff will bring back to BOMA policies and procedures and setting out practices for using City logos for consideration as a resolution and giving the City Attorney discretion to make the wording correct." There was a wmnimous vote to approve the motion to amend Resolution 2025-24. Clary declared the motion carried. There was a unanimous vote to approved Resolution 2025-24 as amended. Clary declared the motion carried. The caption was read for Resolution 2025-26, a resolution authorizing the YMCA to install temporary commemorative banners on city-owned flag brackets located above the main street bridge over Drakes Creek in celebration of its 150-year anniversary serving Middle Tennessee and acknowledging its significant contributions to the community. Garza moved; Evans seconded a motion to approve Resolution 2025-26. Without objection, the rules were suspended to hear from Kathy Raglin, District Executive Director of the Sumner County Family YMCA Discussion included the need for policies and guidelines due to reservations with what might be requested to be displayed. Collins stated the use of banners to celebrate things that are happening in the City, gives a sense of community and shows the positive things that happen within the City. Goodwin expressed concern if there were to be another non- profit who wanted to display a banner whose beliefs differed from what the City wishes to portray. Clary suggested that one restriction could be that it be limited to non-profits that the City supports financially. There will still need to be some sort of policy that would not be a part of this specific resolution, but Attorney Wray would draw up soon. Perhaps another restriction is they have a location in Hendersonville. Celebrations of accomplishments were suggested as a restriction. The City installs the banners. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGES There was a majority vote of eleven (11) to one (1) with Garza not being present to vote. Clary declared the motion carried. The caption was read for Resolution 2025-27, a resolution accepting the completion of the private streets in Hunt Club, Phase 11, Hendersonville, Sumner County, Tennessee. Collins moved; Garton seconded a motion to approve Resolution 2025-27. Without objection, Collins and Garton were added as sponsors. Collins clarified these are private streets. The City will not pave these but still adopts them because the City does inspect them for drainage issues, safety concerns, make sure the street trees are planted properly, and the sidewalks are as agreed to. There was a unanimous vote to approve Resolution 2025-27. Clary declared the motion canied. OTHER AGENDA ITEMS Roberson moved; Ward seconded a motion to approve the appointment of Dan Haskell to the Personnel Board. There was a unanimous vote to approve the appointment. Clary declared the motion carried. BRIEF COMMITTEE REPORTS General - Garza • Met August 12, 2025. • Discussed Ordinance 2025-15, an ordinance amending Title 4, Chapter 3, Section 4-304 of the Hendersonville Municipal Code approving a pay criteria for lateral transfers within public safety departments. The ordinance came to the committee with the idea that it would help recruitment, especially in the Police Dept. Approved to come to BOMA. • Discussed Resolution 2025-28, a resolution to amend the Nearwater Place Final Development Plan located at 220 Nearwater Place, Hendersonville, Tennessee. Sending to BOMA with a neutral recommendation. Safety - Goodwin • Discussed Ordinance 2025-15, an ordinance amending Title 4, Chapter 3, Section 4- 304 of the Hendersonville Municipal Code approving a pay criteria for lateral transfers within public safety departments. Sending to BOMA with a positive recommendation. • Discussed UTVs on public highways and recently passed state legislature. The MJNUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE9 Police Dept has been going to the neighborhoods and trying to educate as opposed to citing. • Discussed updated report on overtime for Fire and see how the shifts are going with manpower since Station 7 has been in service for a year. Planning - Martin • Discussed JLR Caldwell Dr- Preliminary Plat - 155 Caldwell Drive. Adding estate residential units. Bringing additional information back to the Planning Commission relating to site remediation that has been done. Deferred. • Discussed Nearwater Place - FDP Amendment -220 Nearwater Place. Also discussed in General Committee. Request to remove the blanket restriction against leasing units. Sending to BOMA. with a neutral recommendation. • Discussed Nashville Classic Rentals Mural - Site Plans - 318 Rockland Rd - Approved 8 - 0 • Discussed Lakeview Acres - Lot 1 - Owned by the Hendersonville Utility District Cell Tower - Site Plans - Requested a waiver to put a radio antenna on the cell tower. Request approved. Staff Level Projects, Approved • Fergusson Acres Lot 2 Amendment • Friends at Indian Lake Park • Frank Melia Jr. Prop • Glen Oak Commons Renovation • MGM Industries (287 Freehill Rd) • Millstone Phase 6 • W.A. Shivel Addition Consolidation (136 & 138 Shivel Dr) • Wells Fargo ATM Staff Level Projects, Pending • Forest Retreat • Mansker Farms • MOT Partners Property Consolidation Planning Director Comments • Next HPC meeting will go over the new recommended Zoning Ordinance revisions and adopting the changes in the subdivision regulations. Capital Projects -Roberson • Condolences extended to Alderman Garton in the loss of her father. • Met August 11, 2025 • Many projects are delayed, but staff are working hard with TOOT to move forward • Discussed the Transportation Capital Improvement Plan Implementation~ Nine Projects. The $3 million dollars allocated in the budget is going to be used to begin the design work on those projects. BOMA Report - Eckenroth • $2 million dollar LED Conversion of NES streetlights will be happening this fiscal year. MINUTES OF REGULAR MEETING AUGUST 12, 2025 PAGE 10 • .Highlights from the BOMA Report-Local Sales Tax Revenue, Investment Earnings, Local Sales Tax and Permit Revenue, PIPP Fund, Calls for Police and Fire, Parks events, Stormwater and paving lane miles. • Sasse passed on to Director Lock a message he and Mayor Clary received this week expressing great thanks for paving Forest Retreat. • Collins questioned why there were fifteen (15) openings in the Police Dept. Has the number of vacancies increased? In the list of active recruitments, Collins requested to know how many positions are vacant in each of the categories. • Collins also requested more information from HPD & HFD be included in future reports. (How many positions open, how many in academy or in their first year of training). • Eckenroth explained the fifteen (15) vacancies do not include those in training so the number of officers not on the street would be closer to 20, but those in training are not considered vacancies. • Evans-What are the total approved positions as far as budgeted positions by the departments? What is filled and what is vacant? Need to be consistent with numbers that are being put out. • Roberson inquired as to why there were so many vacancies in the Police Department. Thanks for continuing to keep us safe even though there are a large number of vacancies. • Eckenroth stated the trainers had said there were bigger turnout of recruits, but this is a similar position other agencies are in. It's not as desirable of a profession. • Employee Medical Plan will be going to Finance Committee and will be brought to the next meeting. Considering going to the State of Tennessee's plan. Open enrollment for the State is October so education would begin with City employees in September. • Clary -If there is interest in a workshop, please let the Mayor know by emailing. Otherwise, the Finance Committee will give their input. • Sasse announced the Finance Committee meeting will be at 6:00 pm on 8/26/2025. • Sasse inquired as to how the insurance carriers determine the rate of increase. Eckenroth responded with details. • Evans believes this is a great benefit for employees in hopes of being a cost savings. • Collins is in support of this decision and inquired whether it had been figured out how employees would not have to pay two deductibles. Jason Gallo responded with an explanation. Upon motion by Goodwin and second by Collins there was a unanimous vote for approval to adjourn. e the meeting adjowned at 8:59 p.m. Appr