TOWN OF NOLENSVILLE BOARD OF MAYOR AND ALDERMEN

MEETING DATE: THURSDAY, APRIL 1, 2004 TIME: 7:00 P.M.

PLACE: NOLENSVILLE ELEMENTARY SCHOOL

Mayor Charles Knapper opened the meeting at 7:10. In attendance were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips and Frank Wilson. Also in attendance were Counsel Bob Notestine, Officer George Poss, Recorder Cindy Lancaster, and 33 public citizens.

Alderman Wilson led the prayer and pledge.

Mayor Knapper then introduced Senator Jim Bryson, Representative Glen Casada and Melissa Miller who represented Congresswoman Marsha Blackburn. Ms. Miller spoke to the crowd in praise and honor of Alderman Joe Rositano. She then presented the Rositano family with a United States flag that flew over the State Capital during Alderman Rositano’s funeral. Representative Casada then spoke in honor of Alderman Rositano and noted that a Tennessee State flag would be forthcoming to the family. He noted that this flag flew over the State Capital also. Additionally, Senator Bryson spoke on his memory of Alderman Rositano. He further noted that a proclamation would be presented to Fire Chief Presley Hughes for his 30 years of service with the Nolensville Volunteer Fire Department. Ms. Wanda Rositano thanked the Board and all the State dignitaries.

Citizens Input:

Ms. Beth Lathers of 304 Walpole Court noted that she was concerned with the sprinkler ordinance and the impact it would have on the density of homes. She stated that she commended the Mayor and board on their jobs and wanted to become more involved and educated on the town activities. Assistant Fire Chief Jason Jones invited Ms. Lathers and any other citizens to come to the Fire Hall for an informational meeting on the sprinklers. Mayor Knapper opened the same invitation in regards to town hall and density issues. Additionally, Mr. Steve Cates stated that he would be happy to discuss the development issues with this group.

Alderman Phillips made a motion to approve the minutes for the regular meeting of March 4, 2004, Alderman Dugger seconded this motion. The minutes were approved unanimously.

Alderman Wilson made a motion to accept the Treasurers report, Alderman Felts seconded. Recorder Lancaster reported the general fund cash on hand as being $551,036.20, with cash disbursements being $40,000. State Street Aid cash on hand is $140,330.30. The treasurer’s report was unanimously approved.

Commission/Committee Reports

Chair Willis Wells reported for the Planning Commission:

Betty Friedlander reported for the Historic Commission:

Assistant Chief Jason Jones reported for the Nolensville Volunteer Fire Department.

There was no report for the Chamber of Commerce.

Due to Rich Woodroof’s absence there was no report for the Codes Department.

There was no report for the Police Department.

Due to Lonnie Bowden’s absence there was no report for the Public Works Department.

Mayor’s Comments:

Mayor Knapper noted that a fee schedule would go before the Planning Commission and then would come to this board in ordinance form.

Mayor Knapper stated that the Fire Inspector Job Description was distributed last month. The salary was discussed, noting the Fire Department had recommended a $14 - $35 per hour rate. Mayor Knapper stated that after contact with MTAS the figure was an average of approximately $15 per hour. Alderman Wilson stated he had a concern in regards to the language stating that “The Nolensville Volunteer Fire Department shall have authority to select the person or persons to fill this position.” Mayor Knapper stated that this was counsel’s concern also and has been revised to state with the Mayors approval. Alderman Wilson noted that if the Town Of Nolensville was paying the salary they should have a say on who is hired. Alderman Wilson also stated that he had a concern about the power of this individual issuing a citation. Assistant Chief Jones stated that TCA allows the Fire Inspector to issue citations in regards to the Fire Safety Code.

Mayor Knapper ask that the rules be suspended and go to number 10 on the agenda in regards to United Telephone Company Ordinance. The Board agreed to move forward on the agenda.

Second reading of Ordinance #04-04, an ordinance granting a franchise to United Telephone Company Video Concepts, LLC. It was noted that representatives attended the first reading of this ordinance and gave a brief overview. A representative attended tonight and noted that this is a digital programming system that is supplied through the phone line. In addition to receiving phone service, movies on demand and internet will be supplied. Counsel Notestine stated that a franchise fee would be charged to each customer for this service. Mayor Knapper asked the board if they had any questions. No questions were presented. Alderman Felts made a motion to pass this ordinance, Alderman Wilson seconded and this passed unanimously.

First reading of Ordinance #04-03, an ordinance to amend the zoning ordinance #01-06 to zone property into a PUD zoning. Counsel stated that this was the first reading to rezone certain property on Clovercroft Road known as Bent Creek. He noted there would be a public hearing on April 22. Mayor Knapper noted that the Planning Commission had reviewed the conditions and voted on them with 7 members for, 1 opposed and 1 abstained. Alderman Dugger asked that there be a 10 minute recess so that the board could review these 16 conditions. Mayor Knapper then had a 10 minute recess. Alderman Dugger requested clarification in regards to #6. He asked that if a commercial area is in the PUD plan does the developer come back to this board to obtain commercial zoning? Counsel Notestine stated that it would be a separate zoning change and they would have to come back to request the proper zoning. Counsel Notestine reiterated to the Board that this is merely a plan.

Mayor Knapper noted that on two of the items there was some confusion with the wording. The tape is being reviewed and if the tape indicates other wording this will be changed. Otherwise this is being approved as read. Alderman Dugger stated that he had concern with regards to the wording and the length of time for completion of the roads. It was agreed by Mr. Cates, from the audience, that he would have the road completed within 18 month of construction commencement.

Alderman Felts had a concern of Clovercroft Road remaining open until the new road was constructed. He also would like to see different avenues taken on keeping various roads open and making them a one-way street. Counsel Notestine stated that road closures would need to come in the form of a different ordinance. He stated that this board would have to vote to close any roads within the town limits.

Mayor Knapper stated that he would like to receive a recommendation from Gillian Fischbach prior to voting on altering the roads.

Alderman Dugger made a motion to pass this ordinance as amended to add a number 17 to the conditions. This condition is as follows:

Construction of new road between Clovercroft Road and Nolensville Road must be completed within 18 months of commencement of on-site construction in Phase I.

Alderman Phillips seconded and this amendment passed unanimously.

Alderman Felts made a motion to pass this ordinance, Alderman Wilson seconded. This ordinance passed unanimously.

First Reading of Ordinance #04-05, an ordinance to make a violation of Tennessee Code Annotated (TCA 55-12-139) a municipal ordinance violation. Counsel Notestine stated that this ordinance is a housekeeping ordinance which was recommended by MTAS. Alderman Phillips made a motion to pass this ordinance, Alderman Felts seconded and this passed unanimously.

First Reading of Ordinance #04-06, an ordinance to adopt by reference state traffic offenses and rules of the road. Counsel Notestine stated that in the State of Tennessee you must have insurance to operate a vehicle. This is a housekeeping ordinance which allows the Nolensville Police Department to cite individuals who do not comply with this law. Alderman Wilson made a motion to pass this ordinance, Mayor Knapper seconded and this passed unanimously.

Reading of Resolution #04-03, a resolution to enter into an agreement with Fischbach Transportation. Counsel Notestine stated that this authorizes the Mayor to enter into an agreement with Fischbach Transporation to perform the traffic study. Alderman Felts made a motion to pass this Resolution, Mayor Knapper seconded and this passed unanimously. Mayor Knapper noted that he had received a call in regards to possible grant money for Police Technology from Congresswoman Marsha Blackburn’s office.

Mayor Knapper stated that purchasing tornado sirens is being reviewed by the Budget subcommittee.

Mayor Knapper advised the audience that although the doctors office is no longer an option for town hall, he is currently seeking plans for town halls throughout the United States. He noted that private entities would be assisting the town in seeking property.

Alderman Wilson asked if the County Road agreement had passed. Mayor Knapper stated that it had passed and he would be meeting with Mr. Eddie Hood next week.

Alderman Wilson requested that the town investigate putting lines on Oldham Drive and Stonebrook Boulevard. This is a very dangerous spot due to the largeness of the road and no lines to guide the traffic. Mayor Knapper said he would get the engineers to advise us on this issue.

Alderman Dugger asked if Dortch and Rolling Hills had been reviewed in regards to the percentage of homes built and the completion of these roads. Mayor Knapper stated that he thought it was to be 80% complete prior to completion and this would entail building two more homes. He would get Rich Woodroof the town engineer to review this.

Alderman Dugger then made a motion to adjourn and Alderman Felts seconded this motion. This passed unanimously and meeting adjourned at 8:40 P.M.

Respectfully submitted, Approved,

Cindy Lancaster              Charles F. Knapper

Town Recorder                Mayor