Town of Nolensville

Board of Mayor and Aldermen Meeting

Date: March 1, 2007, Time 7:00 p.m.

Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:03 p.m.  Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof, and Recorder Cindy Lancaster.  There were 34 citizens present.

Prayer and pledge was led by Reverend Dennis King, pastor of Stonebrook Baptist Church.

Citizens Input:

Mrs. Betty Friedlander, 240 Norfolk Lane, noted she no longer represents the Town of Nolensville for Keep Williamson Beautiful.  The town has no representation on the board and she would like to see someone to represent the town.  She reported that there will be a shred day from 8:00 a.m. until 2:00 p.m. this Saturday at the Recycling Center on 420 Century Court.  For more information citizens may call 790-5848.

Alderman Dugger made a motion to approve the regular meeting minutes of February 1, 2007, Mayor Lothers seconded.  There was no discussion, and the minutes were approved unanimously.

Alderman Alexander made a motion to approve the treasurer’s report, Alderman Thomas seconded.  There was no discussion and this report was passed unanimously.

COMMITTEE REPORTS:

Chair Rick Owens reported for the Planning Commission.

Chair Wanda Barker reported for the Historic Commission.

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

Engineer Rich Woodroof reported for the Codes Department.

Town Planner Henry Laird noted that himself, the Mayor, Chair Rick Owens, and Planning Commission member Mr. Willis Wells attended an informative conference.

Police Chief Paul Rigsby reported for the Police Department.

Public Works Director Lonnie Bowden reported for the Public Works Department.

Budget Committee Chair/Alderman Tommy Dugger reported for the Budget Committee.

Mayor’s Report:

  1. Commissioner Appointments

Mayor Lothers noted that in January some members were confirmed for various Commissions and Committees.  Alderman Curtsinger requested not to participate on the appointed Commissions.  Mayor Lothers made a motion to appoint Alderman Ken Thomas on the Historic Commission, Alderman Alexander seconded.  This passed unanimously.

Mayor Lothers made a motion to appoint Alderman Dugger to the Board of Zoning Appeals, Alderman Thomas seconded.  The vote was taken with Mayor Lothers, Aldermen Alexander, Curtsinger, and Thomas for, Alderman Dugger abstained.

Mayor Lothers made a motion to appoint Mr. Bob Crigger to the Historic Commission, Alderman Alexander seconded, and this passed unanimously.

Mayor Lothers made a motion to appoint Mr. Brant Brandon to the Historic Commission, Alderman Thomas seconded, and this passed unanimously.

  1. TDOT Grant meeting

A $250,000 grant is being reviewed.  This grant will be a joint venture with Williamson County.  Mayor Lothers noted that she had met with the county last week in regards to the application of this grant.  Both governmental entities are on target for a submittal date of March 15.  The town will be the official applicant.  If the grant is awarded to the town it will be a reimbursement grant.  She noted that within this process, Mr. Kevin Fortney has agreed to extend the sidewalk to the edge of the Williamson County School property.  Currently the town and Kevin are in discussions with the developer to connect the path to Ballenger Farms sidewalk over the drainage area to keeps kids off of Newsome.  Once the grant is completed a copy will be at town hall for review.

  1. MTAS Workshop

The board had a workshop on February 14, which was very informative.  Almost all board members were in attendance.

Mayor Lothers ask that the board members bring their Municipal Code to town hall so that these documents may be updated.

  1. Other

Mayor Lothers noted that Representative Casada and Senator Johnson will be at the Two Way Market on Saturday morning at 8:00 a.m.  The public is invited to attend.

Mayor noted that the website address has changed and this will be updated in-house with a staff person, Cindy Noel.  She noted the address as being www.nolensvilletn.gov

The Williamson County Public hearing in regards to the Comprehensive Plan was held.  Several members of the Planning Commission attended this hearing.  The Plan will affect the area within Williamson County.  This Plan can be reviewed on the county website.

A Growth Readiness workshop was attended and this was very informative.   Mayor Lothers stated that it would be a good idea to discuss issues regarding the floodplain in a workshop.  She noted that the floodplain was discussed in this workshop.

First reading of Ordinance #07-01, an ordinance to amend the zoning ordinance 04-09 in regards to second and third floor residential units above commercial and office units.  The public was invited to comment.

Mr. Frank Wilson noted that he has been a Planning Commission member for the past ten years.  He stated that he is proud of this group.  He noted that they try to do things very professionally and was disappointed that someone did not comment on this issue last month.  He noted that Aldermen Dugger and Alexander attended the Planning Commission meetings and he has a copy of the minutes.  He stated that currently there are four buildings in the old part of town that could fall in the category of this ordinance.  He noted that this is a strict code and just because it is allowed will not mean it will happen.  He gave examples of parking screening, proper sanitary disposal, the fire code must be met, and a minimum of 600 square foot lighting must be provided.  A building would be better used with an apartment versus an attic.  There are a lot of restrictions within this code that addresses these apartments.  He also referred to the Franklin area that has apartments in the down town area.

There were no further citizen comments.

Planner Laird noted there are two sections.  He noted that this process originally began because it was allowed in the CS zone with conditions.  He stated that previously there were no conditions that must be met within the ordinance.  He stated that Section 1 changes the conditions to add 2nd & 3rd floor units, with Section 2 specifying the conditions.  He stated that at last months meeting Alderman Curtsinger discussed some changes with the board.  Mr. Laird noted that the changes that the board discussed are in this ordinance.

Mayor Lothers further noted that this authorizes the use and also sets forth the conditions that must be met.   She noted that 35’ was the highest a building could be built.

Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded, and this ordinance was approved unanimously.

First reading of ordinance #07-02 an ordinance to amend the Municipal Code of the Town of Nolensville in regards to court litigation tax.  Mayor Lothers stated that this ordinance is a consequence from the MTAS workshop.  MTAS recommends that municipalities collect this with traffic violations.  Counsel Notestine stated that the Attorney General offered an opinion on this issue and municipalities can match the state litigation tax which is $13.75

Mayor Lothers made a motion to approve this ordinance, Alderman Thomas seconded, and this was approved unanimously.

Reading of Resolution #07-02, a resolution to request the General Assembly to enact legislation to repeal the state law pre exemption preventing local governments from enacting regulations pertaining to blasting.  Mayor Lothers noted that this is a direction that the board discussed last month in regards to the blasting issue within the town limits.  She stated that currently there are two legislative bills, Senate Bill 871 and House Bill 1165, which are similar to this resolution.  The Legislators must pass these bill’s to strengthen the towns ability to have stricter controls and protection of nearby residents.

Alderman Alexander made a motion to approve this resolution, Alderman Thomas seconded, and this was approved unanimously.

Mr. Dan Fairfax, who resides in Wilson County, stated that his home was damaged by fly rock with $20,000 of damage within Davidson County.  This issue requires citizens to communicate with our leaders to legislate a solution.  The resolution passed tonight allows cities to adopt ordinances that can require guidelines in the planning stages of a project.

Mrs. Cindy Arnold, 878 Dortch Lane, stated that after Mayor Lothers met with Civil Constructors and the Jones Company, they agreed to do a post-blast survey.  She stated that hopefully by next month’s meeting she will have an update.

Mayor asked for Counsel’s opinion in regards to a permit fee.  She noted that currently the town does not have a permit fee.  She asked if the town wishes to implement a fee, would this be done by resolution or ordinance.  She noted that Spring Hill and various other cities have a fee.  Counsel noted that usually fees are done by resolution.

Engineer Woodroof stated that currently there is a form that is completed which indicates the company that is blasting.  The town could increase the information that is requested from the blasting companies.

Reading of resolution #07-03 a resolution to formally enter into an agreement with Mr. John Poole CPA.  Alderman Thomas asked if his fee was reasonable.  Counsel Notestine noted that with his experience Mr. Poole is approximately one-half the price compared to other firms.  Mayor Lothers made a motion to approve this resolution, Alderman Dugger seconded, and this was approved unanimously.

Other

Mayor Lothers asked Counsel Notestine for an update on the investigation of the Code of Ethics violation.  Counsel Notestine stated that the attorney advised him that most of the people have been involved.  There are one or two people that have not been interviewed.  Currently the attorney is still in the fact finding process.  This information will be submitted to the board with a recommendation.  Counsel stated that he felt, if interviews were completed, there should be a report back this month.

Mayor Lothers made a motion to adjourn, Alderman Thomas seconded.  The meeting adjourned at 7:59 p.m.

Respectfully submitted,                                                                      Approved,

Cindy Lancaster                                                                                  Beth Lothers

Town Recorder                                                                                   Mayor