Board of Mayor and Aldermen Regular Meeting,

Nolensville Elementary School

Thursday, June 2, 2005, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:01 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts.

Counsel Robert Notestine, Town Engineer Rich Woodroof, Planner Henry Laird and Recorder Cindy Lancaster. There were 24 citizens present.

Mayor led the group in a moment of silence and the pledge.

Mayor Knapper briefly went over the rules for the conduct of the meeting. He then asked if there were any citizens that had comments.

Mr. Harold Shaffer, 2030 Williams Road, read an opposition of the recently passed sprinkler ordinance. He told the board they had made a bad mistake passing this ordinance.

Mr. Aubrey Short, 803 Rockwood Drive, stated that he had a point of order in regards to the duties of the Mayor and the duties of the Aldermen. He referred and read portions of the charter sections 6.3.106 and 6.4.101, noting the duties of the Mayor. He stated that he was disturbed by some of the recommendations from the Mayor and board members. He noted that there is a recall statute within the State that if you don’t do your job you should be recalled.

Mrs. Becky Gentry, Creekside Drive, stated that she was concerned about construction traffic. She asked the board to place “No Construction” signs down Newsome Lane. Engineer Rich Woodroof stated that he would be asking for board approval to place “No Construction” signs on Newsome Lane, Stonebrook and Oldham Drive.

Dr. Ted Behar, Sam Donald Road, discussed open space at Bent Creek. He is concerned that this is left to the developer to do as he pleases. There is not a buffer for the detention pond on Sam Donald and Bent Creek. He stated that we should ask Bent Creek to preserve trees and do landscaping. He urged the board to ask the developers to describe what they plan on putting in the open space when they come to the Planning Commission for plat approval.

Alderman Dugger stated that the Ravenwood High School orchestra would perform a free concert this Tuesday, June 7, at 7:00 p.m. at the recreation center.

There was no further citizen input.

Alderman Dugger made a motion to approve the minutes from April 7, 2005, Alderman Alexander seconded. Alderman Dugger noted that on page four of the minutes it states, “Alderman Curtsinger further stated that he wanted to go on record stating that TCA does not allow this vote and he will show this to counsel.” To his knowledge this has not been done. The minutes were approved unanimously.

Alderman Felts made a motion to approve the treasurer’s report, Alderman Alexander seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $683,477.78, with cash disbursements being $62,500. State Street Aid cash on hand was $113,004.41 with total cash on hand being $796,482.19. The treasurer’s report was unanimously approved.

Gillian Fischbach, with Fischbach Transportation addressed the audience. She introduced herself and handed out a draft plan. Ms. Fischbach went over the procedures of performing this study noting an increase in traffic on Nolensville Road. She noted Nolensville was in need of lighting and turn lanes. She noted that network issues and connecting issues were addressed. She further noted that this plan will go before the Planning Commission and will come back to the Board of Mayor and Aldermen for final approval. Alderman Alexander requested justification for a road going through the school and a planned development. Mayor Knapper noted that this would have to be reviewed and that portion will need to be removed.

Mr. Willis Wells Planning Commission Chair reported the following:

Alderman Dugger pointed out that Mr. Laird had two different issues with boats, autos and food stands that should be added to the Planning Commission minutes.

Betty Friedlander reported for the Historic Commission:

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.

Mayor Knapper reported for the Police Department.

Mayor Knapper reported for the Public Works

Mayor Knapper’s report:

Mayor Knapper noted that the town is still awaiting the appraisal of the properties. He stated that he has spoken with the current landlord and he is going to extend the current lease with a five-year lease that will have a 90-day opt out clause. He stated with this news we are no longer under the gun. Mayor Knapper thanked the committee for their hard work. Alderman Curtsinger stated that he did not feel that the work was done. He spoke to the appraiser today and the Clovercroft property appraisal is complete, but the Kelley property is not. Alderman Curtsinger stated that he did not know why the appraiser was told to appraise that piece of property. Alderman Curtsinger stated that it is important for the board to approve a resolution for the Mayor to enter into a contract for the Clovercroft property. Alderman Curtsinger stated that the other option is not approved by FEMA. The Planning Commission and the Town Hall Committee wanted this done. A no vote and not moving forward puts Mr. Kelley in the position of calling the shots. I am asking that the resolution go before this board. Mayor Knapper noted that the appraisals are not complete. He further stated that the Planning Commission ignored the fact that the Comprehensive Plan was ignored. I am asking that we wait until the appraisal comes back.

Alderman Curtsinger stated that time is of the essence. So many people have endorsed this and everything was on the table. Alderman Curtsinger made a motion to suspend the rules to add an item to the agenda, Alderman Alexander seconded.

Alderman Dugger stated that he has never seen this board suspend the agenda in eight years. He further stated that he doesn’t see the rush. Alderman Dugger stated that a Planning Commissioner member made a statement at the last meeting that concerned him; the member stated that we need to move on this because Tonia has to move. This concerns me that a commissioner made this statement with a lady that is an employee of town hall. Alderman Felts stated that he has several questions on this property and the other piece of property. Alderman Alexander stated that he is disappointed that the appraisal has taken so long to complete. Mayor Knapper stated that the last appraisal that we received took approximately six weeks.

Alderman Curtsinger stated that if any member has questions put it out there. He stated that he does not understand why the Kelly property was ever appraised.

Mayor Knapper stated that this was done because these two properties were the only properties being discussed for town hall.

Alderman Curtsinger stated that it is important to know that this committee recommended this location. Alderman Alexander stated that the Planning Commission voted for this as a temporary solution, not a permanent home.

Mayor Knapper stated that now we do not have to be out of town hall by December 31. Alderman Curtsinger stated that you guys have had eight years to find a home. Alderman Dugger stated that is correct, that is why it should not go through quickly. The vote was then taken to suspend the rules with Aldermen Alexander and Curtsinger for, and Aldermen Dugger, Felts and Mayor Knapper against.

Counsel Notestine briefly described Ordinance #05-11 prior to the public hearing opening. The public hearing opened at 7:56.

Mr. Aubrey Short stated that he was not sure what this ordinance was about due to not enough information being on the agenda. Mr. Short referred to the City of Brentwood and Williamson County agendas and publishing these documents in the newspaper. Mayor Knapper stated that the Town of Nolensville has never published the agendas. Engineer Woodroof went over the changes that were in the ordinance noting that these were minor “housekeeping” changes.

Alderman Dugger asked Mr. Short if he got a copy of the ordinance when he was in the office picking up the agenda? Mr. Short stated that he did not.

The public hearing closed at 8:02.

Counsel Notestine briefly went over the budget ordinance #05-12, describing the process for this ordinance. The public hearing opened at 8:06.

Mr. Charles Lawson, York Road asked what percentage of facilities tax pays for salaries and other expenses. Mayor Knapper noted that the adequate facilities tax law spells out the conditions that this tax can be collected and it deals with infrastructure. Funds from this tax cannot be spent on day-to-day activity.

Mr. Aubrey Short stated that in the line item of fines and fees adequate facilities tax collected is $400,000 this shows that you are not budgeting correctly. Mayor Knapper stated that Mr. Short is incorrect. The town has had nine audits by the state and with the in house auditor. Figures have been reviewed by MTAS in the past and this is being performed correctly. Mayor Knapper noted that the fund balance is $589,713 with this figure added to the projected revenue for 2005-06 the total revenue is $1,685,663, with General Fund expenses being $939,709. This is a positive budget.

The public hearing was closed at 8:20.

Mayor Knapper thanked everyone for their input and comments. Alderman Alexander made a motion to approve this ordinance, Alderman Dugger seconded. After extensive discussion in regards to Nolensville Elementary School and the new Sunset School, Alderman Curtsinger made a motion to increase Nolensville Elementary line item to $6,000, Mayor Knapper seconded. Alderman Curtsinger stated that Nolensville Elementary has several needs currently and as other schools come on line they can receive funding. Alderman Dugger stated that new schools need more help in getting established. Alderman Curtsinger stated that the principal had requested $4,000 for something and $2,000 for something else. Alderman Dugger asked where the funding would be utilized. Alderman Alexander stated that he realizes there are needs at Nolensville Elementary, but feels a new school will need assistance also. The vote was taken for Alderman Curtsingers motion, with Alderman Curtsinger for, and Aldermen Alexander, Dugger, Felts and Mayor Knapper against. Alderman Alexander made a motion to raise the line item for both Schools to $4,000 each, Alderman Felts seconded. This passed unanimously. Mayor Knapper made a motion to approve the budget as amended, Alderman Alexander seconded and this passed unanimously.

First reading of ordinance #05-13, an ordinance to amend the zoning ordinance in regards to review standards. Counsel Notestine described this ordinance in detail. Alderman Dugger made a motion to pass this ordinance, Mayor Knapper seconded and this passed unanimously. First reading of ordinance #05-14, an ordinance to amend the zoning ordinance regarding underground utilities. Counsel Notestine described this ordinance briefly. He noted that the Town Planner, Mr. Henry Laird had recommended this ordinance. Alderman Felts made a motion to pass this ordinance, Alderman Alexander seconded and this passed unanimously. First reading of ordinance #05-15, an ordinance to amend the zoning map from Suburban Residential to Commercial Services. Town Engineer Rich Woodroof pointed to a map describing this property and indicating its location. Mayor Knapper made a motion to add the following wording, “with the application of the CCO”, Alderman Dugger seconded and the amendment passed unanimously. Alderman Dugger requested that the developer describe the establishments that will be constructed on the property. The Developer in the audience stated that the intent is to abide by all the usages that are set out by this board. He stated that they were looking at a Village concept. Alderman Dugger urged the developer to come back to the public hearing with a plan. Mayor Knapper made a motion to approve this ordinance as amended, Alderman Curtsinger seconded and this passed unanimously. Alderman Felts made a motion to put up no construction signs that were discussed previously in the meeting by Engineer Rich Woodroof, on Newsome Lane, Stonebrook and Oldham Drive, Mayor Knapper seconded. Alderman Curtsinger stated that Mr. Bennett said there is traffic coming unto Nolensville Road from Bent Creek. It was noted that this traffic should be going down Williams Road and a sign will be placed there also. This was approved unanimously.

Alderman Felts stated that he feels the town is in need of a Code of Ethics. He noted that this board was elected by the people and not a select few. Alderman Felts noted that it was rumored that the town was disbanding it’s police department and this cost the town approximately $6,000. He spoke on rumors in regards to accusations being made that he had been “bought”. He noted that the only way for this board to do its job is to work together, not against each other. He stated that he has been on a board or commission since the town incorporated and has never seen the problems that currently exist. Alderman Felts further reiterated that this board needs to work together.

Mayor Knapper stated that there was a copy of Codes of Ethics in their box that may be reviewed and discussed.

Mayor Knapper adjourned the meeting at 8:50 p.m. Respectfully submitted, Approved,

Cindy Lancaster                        Charles F. Knapper

Town                                          Recorder Mayor