Board of Mayor and Aldermen Regular Meeting,

Nolensville Elementary School

Thursday, March 2, 2006, 7:00 p.m.

Vice-Mayor Tommy Dugger opened the meeting at 7:06 p.m. Members present were Vice-Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, and Larry Felts. Mayor Charles Knapper was absent. Staff present was Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 109 citizens present. Mr. Willis Wells led the prayer. Boy Scouts Richie and Kenner Alumbaugh led the pledge. Counsel Notestine read a letter that had been submitted by Mayor Charles Knapper. The letter stated that due to health and personal reasons he would resign his position as Mayor effective March 9, 2006.

Counsel Notestine stated that there had been requested changes for the agenda. Due to various requests, agenda item numbers 8, 9, 10, and 11 will be removed from the agenda. He noted that the developer of the property for Ordinance #05-34, asked for an indefinite deferral. The Mayor had requested that ordinance 06-04 be withdrawn. Therefore, if the board had no objection these items would be removed from the agenda. The board was in agreement.

Vice-Mayor Dugger read a statement that he had prepared in regards to Mayor Knapper’s resignation. He noted that it was sad when a difference of opinion cannot be respectfully listened to and issues worked out. Vice-Mayor Dugger said that we see a mentality that would speak untruths and cause discontentment. He noted that the only option the mayor felt he had was to resign. He stated that again, the Mayor felt that this was the best decision for the Town of Nolensville.

Vice-Mayor Dugger asked for citizen’s comments.

Ms. Nancy Kirby noted that there needed to be clarification in procedure of the Roberts Rules of Order. She noted the re-application process that is outlined in the zoning ordinance 04-09. She stated that she is confused why we aren’t following the Roberts Rules of Order. She then read various sections of “Roberts Rules of Order.” She noted that we have rules and when these are not followed it leads to mistrust. She discussed developers and their roles in length. She stated that we do not need to annex anymore and further noted that our integrity is not for sale our land is.

Mr. Jerry Lawson, Rocky Fork Road, stated that he saluted Mayor Dugger and his undertaking.

He stated that his concern is with developers who come to Nolensville, do what they want and then leave. He feels that they can be held more accountable in regards to schools and lighting. Mr. Lawson noted that with the roads the way they are, enough is enough.

Ms. Jackie Hicklin, Rocky Fork Road, stated that her family has lived and farmed this community for over 100 years. The way we are allowing it to be sold is not right. You cannot even have a tomato plant or pet. In the Stonebrook Subdivision there is area for children to play. I hope we can preserve what is left of this beautiful town.

Mr. Gardner Jones noted that he has spent a number of years in the service. My son is serving. He stated that he has serious concerns. He noted that growth is part of life. Uncontrolled growth is cancer. His concern is density of housing. The information is not readily available. The website is not updated. It is all old information. He stated that when a development is built to make sure the roads are wide enough. He noted that dump trucks could knock the mirrors off of vehicles. Mr. Rob Wells, Baronswood Drive, stated there were over 200 dump trucks that come down his street. He noted that speed bumps were requested over three years ago and this request was denied. There is a problem. Developers are coming in and making a lot of money. He noted that he is a homeowner and when you over populate this affects the value of my home. I ask that you do it right going forward.

Mrs. Lynda Moses, Rock Springs Road, read an article that was written by Alderman Joe Rositano, “Why we love Nolensville.” She asked the board if they had done what Joe had asked. She noted that Nolensvillians had charged them to protect Nolensville from the developers. She stated that we are country and are proud of it. Mrs. Moses then began to sing.

Mr. Butch Clark stated that this board has a tough job and would hate to walk in their shoes. He noted there are 1,900 homes that have been approved with eight or nine PUD’s. He noted that maybe the PUD’s should be removed.

Ms. Tonia Summerville asked the board to please vote in favor for the noise ordinance #06-06.

She stated that she has continuously called the police and has been told that Nolensville does not have a noise ordinance. She asked the board to please vote yes.

Mrs. Joyce Allemore, Fly Road, stated that a petition is going around to the Board of Mayor and Aldermen and the County. She read the petition, which addressed postponing annexation for 90 days. She asked that the town have traffic engineers other than the developer’s engineers. She asks that senior housing be addressed. She noted the biggest frustration is sending the town and county a letter and has not received a response from either. She noted that the citizens became defensive when the questions were not answered. Nolensville is not the next best place to live; it is the best place to live.

Mrs. Angie Shaffer, 2030 Williams Road, ask to think long and hard before any more PUD’s are approved. Don’t let the developers dictate what they will do. When they are done abusing us, they will move on. The PUD homes are far too close together. I feel compelled to say that actions taken in the past was greed.

Mr. Mike Hayes, Rock Springs Road, noted that he is new to Nolensville and likes the small town charm. He spoke about subdivisions and areas in Virginia. He noted that he would love to open an office in Nolensville. He further stated that it still has the opportunity to maintain the charm. He noted that the board is doing a hard job and to please think of the constituents. He asked how many homes would be built in Silver Stream.

Mrs. Carol Simpson, Rocky Fork Road, noted that recently she has returned to Nolensville and drove through McKay’s Mill. She hopes that this is not coming to Nolensville anytime soon. PUD’s are future ghettos. She is grateful for the change in the agenda tonight. She asks the board to not let the growth destroy Nolensville and to please put a 90-day postponement on annexation. Mrs. Kristie McArthur, 880 Dortch Lane, said the town’s people who voted this board in is losing their trust. The infrastructure is not in place for the developments, it doesn't matter whether the town, County or Brentwood, did it. She noted that she married into a family that has been here for 35 years and loves this community. She stated that the bottom line is the people want the growth to slow down. Mr. Norm Auffhamm, Cowan Drive, stated that he is not familiar with Roberts Rules of Order and he is from New York. He noted that he came from a small community similar to Nolensville.

He noted that when he visited Nolensville he was taken back by the Southern Hospitality. He noted that they have true concern, but he has observed the McFarlin Development and this seems to be a very nice development. He stated that he believes when the citizen’s see this they will be pleased.

Mr. Ron Reed noted that he is being annexed and doesn’t want to be in Nolensville. He noted that he wanted to go on record that he does not want to be in the city limits.

Ms. Cynthia Moe, 2527 Fly Lane, stated that Williamson County is one of the most desirable places in the world. The housing market is cooling. She noted that this needs to be reviewed. County Commissioner Lew Green, Waller Road, stated that the Lions Club would be holding their Pancake Breakfast on Saturday, March 18, with proceeds going to the Sunset Middle School. Mr. Kelly Ensworth, 892 Dortch Lane, noted that a board member had stated that PUD’s do not work in Nashville and will not work in Nolensville. This gentleman has retracted his statement. He shared his concern noting that a contractor harassed his stepdaughter. He further stated that

if you are going to build in Nolensville let’s make sure it is controlled growth. Alderman Felts made a motion to approve the minutes from February 2, Alderman Alexander seconded. The minutes were passed unanimously.

Vice Mayor Dugger stated that the treasurer’s report was before the board. Alderman Alexander made a motion to approve this report, Alderman Curtsinger seconded. This report was approved unanimously.

Mr. Willis Wells reported the following for the Planning Commission: Encouraged members to read the minutes

Betty Friedlander reported for the Historic Commission:

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

Rich Woodroof reported for the Codes Department.

Chief Paul Rigsby reported for the Police Department.

Vice-Mayor Dugger reported for the Public Works.

Due to Mayor Knapper’s absence there was not a Mayor’s report.

Vice-Mayor Dugger announced that he would like to have a workshop to try to pull the community back together instead of being so divisive. He noted that this would be announced once a date is selected.

Second reading of 06-01, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Suburban Residential (SR) to Commercial Services with Commercial Corridor Overlay and Office Industrial. Counsel Notestine noted this is the second reading of this ordinance. Vice-Mayor Dugger asked for the Planning Commission vote. It was noted that the Planning Commission passed this unanimously. Alderman Curtsinger asked if there were any citizen’s comments from the public hearing last month. It was noted that there was none.

Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

Second reading of Ordinance #06-02, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Urban Residential (UR) to Commercial Services (CS).

Engineer Woodroof illustrated the location of this property. Alderman Curtsinger asked where is the overlay applied. Engineer Woodroof stated that it is on Nolensville Road, although the Board of Mayor and Aldermen can decide the exact location. Alderman Curtsinger asked if there is better control if the overlay is applied. Engineer Woodroof stated that there are more restrictions.

Town Planner Laird stated that more things are prohibited and there are more restrictions. Alderman Curtsinger made a motion to apply the Commercial Corridor Overlay (CCO) to this property, on both parcels, Vice-Mayor Dugger seconded the motion. Alderman Alexander asked if these elements were put in this overlay because of Nolensville Road. This was agreed.

Alderman Alexander asked how this would affect Oldham Drive. The applicant stated that they would make all the property comply with the overlay. Alderman Curtsinger noted that most of the concerns are what can be built in that area. Alderman Felts stated that the UR zoning was more stringent. Mr. Laird stated that it is higher residential density. Alderman Felts stated that this was zoned for affordable housing and he questions if the town wants to do away with this zone.

Representatives with Ragan Smith and Trace Development asked if the overlay would extend back a certain distance? Mr. Laird stated that there is not a distance specified and the intent was to have consistent design.

Mr. Kantrell, with Trace Development, clarified that the overlay deals with mainly setback issues.

Vice-Mayor Dugger asked the distance of the proposed buffer. Rick with Ragan Smith stated that this has not been determined. He further stated that they are sensitive to the citizens concerns. Counsel Notestine noted that this is a rezoning request and they must come back with a Concept Plan that will be presented to the Planning Commission. Vice-Mayor Dugger asked if the Planning Commission could change the buffer. Mr. Laird stated that they could not. Vice-Mayor Dugger stated that his concern was for the people in the subdivision. The amendment was then voted on with Vice-Mayor Dugger, Aldermen Alexander and Curtsinger for, Alderman Felts opposed.

Alderman Alexander stated that he would like to see this go to CS zoning. This would allow for there to be 60 town homes. He noted that he would support the CS zone. Vice-Mayor Dugger stated that he wanted the Planning Commission to make sure that there is substantial buffering.

The vote was then taken on ordinance 06-02 as amended, Vice-Mayor Dugger, Aldermen Alexander and Curtsinger for, Alderman Felts opposed. This ordinance passed with majority vote.

First reading of ordinance #06-05, an ordnance to annex certain territory east of current corporate boundaries known as Burkitt Place Development and to incorporate same within the corporate boundaries of the Town of Nolensville. Mr. Laird stated that this development has preliminary approval through the county, therefore it will be developed. Vice-Mayor Dugger stated that this development was approved through the county, although after annexing, the houses constructed would pay the Nolensville impact fees and must abide by the sprinkler ordinance. Alderman Alexander stated that he agreed with Vice-Mayor Dugger. Alderman Alexander made a motion to approve this ordinance, Vice-Mayor Dugger seconded and this ordinance was approved unanimously.

First reading of ordinance #06-06, an ordinance to amend Title 11 of the Nolensville Municipal Code in regards to municipal offenses to add noise prohibitions. Counsel Notestine stated that this is the first reading and this allows the police or code department the ability to issue a fine. Mr. Laird stated this ordinance was composed after research with Chief Rigsby.

Alderman Felts stated that we have not addressed the Fourth of July or New Years. He stated that he would like to add a time frame for these holidays. He also stated that he would like to see a Monday through Saturday with a 7:00 a.m. until dark time frame. We need to set a time such as 7:00 a.m. until 6:00 p.m. Alderman Curtsinger stated that he agrees with Alderman Felts, and feels that during the summer time building could go back until 9:00 p.m. Alderman Alexander stated that this is first reading and can be reviewed. Counsel Notestine said that this could be discussed at the town meeting that would be forthcoming. He further noted that this ordinance does not require a public hearing. Alderman Curtsinger made a motion to approve this ordinance, Vice-Mayor Dugger seconded and this passed unanimously.

First reading of ordinance #06-07, an ordinance to amend the zoning ordinance 04-09, to address landscape design. Mr. Laird noted that Hebert Landscape Architect reviewed the town landscape section and this is their recommendation. He noted that the tree list was updated. Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

Alderman Felts noted that it upset him for a man, Mayor Knapper, to work ten years for this town and to have people clap and laugh was ridiculous. He further stated that it hurts him deeply the way the crowd reacted. Alderman Felts stated that this is a dark day for Nolensville. He stated that he was ashamed of the town’s behavior tonight with the reading of the Mayor’s resignation. Mr. Alfred Bennett stated that he speaks for the people that we stand behind you and care about what you are doing.

Alderman Felts made a motion to adjourn, Alderman Curtsinger seconded, and the meeting was adjourned at 9:26.

Respectfully submitted, Approved,

Cindy Lancaster                          Walter T. Dugger, III

Town Recorder                            Mayor