Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: April 5, 2007, Time 6:00 p.m.
Nolensville Elementary School
Vice Mayor Tommy Dugger opened the meeting at 6:04 p.m. Members present were Vice Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, and Ken Thomas. Mayor Beth Lothers was absent. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, and Recorder Cindy Lancaster. There were 20 citizens present.
Prayer and pledge was led by Reverend Elijah McGee, pastor of Ebenezer Methodist Church.
Mr. Alfred Bennett, Nolensville Road, stated that tonight an agenda item in regards to Historic District apartments within the Village area would be discussed. He stated that he owns rental property in various locations. He noted that every time a tenant moves from the property it must be extensively cleaned. Trash is normally left behind. He recommended to the board, that if this is allowed please make it a condition that the tenants rent the entire building, not just the apartment. If the shop owner rents the apartment, they would be more apt to keep both areas clean. Mr. Bennett noted that this is from his experience in regards to rental property.
Mr. Deyo Leonard, 1233 Creekside Drive, stated that his concern was in regards to the school zones. He stated that from 3:00 to 4:00 p.m. this is a 15 mile per hour speed zone. The lights are blinking in the area, although citizens do not respond. He noted additionally there are conflicting signs. One sign states abide by school zone while children are present and the other sign states when lights are flashing. He noted that the parents of the children appear to be most of the violators. He asked the board their plans for regulating this school zone. He stated that signs should be up at the new Rocky Fork school and the town doesn’t have enough officers to watch the school zones. What can the town do to get Williamson County out to monitor this issue. He referred to a child that had been hit during the fall semester by a teen age driver. He asked the board if he should lead a group on this issue, he further stated that he would stand out in this area if he needed to assist in this endeavor.
Vice-Mayor Dugger noted that previously there was a similar complaint. The patrol in the area was enhanced. He noted that he would forward this request to Mayor Lothers. Vice Mayor Dugger reiterated that the town is concerned with citizens safety.
Alderman Alexander made a motion to approve the regular meeting minutes of March 1, 2007, Alderman Thomas seconded. Alderman Curtsinger noted on page two it should state that due to Rich Woodroof’s participation in the Historic Commission, Alderman Curtsinger did not participate. Counsel Notestine stated that the recorder could listen to the minutes and this can be changed. He further noted that minutes do not have to be approved this evening, they can be approved at the next board meeting. Vice-Mayor Dugger stated that it was his opinion the minutes were correct. Alderman Alexander noted that if there is a debate as to what was said the minutes can be deferred so that the recording can be reviewed. Alderman Alexander withdrew his motion to approve the minutes, Alderman Thomas withdrew his second. Vice Mayor Dugger made a motion to defer, Alderman Alexander seconded. The motion to defer was unanimous.
Vice Mayor Dugger made a motion to approve the treasurer’s report, Alderman Thomas seconded. There was no discussion and this report was passed unanimously.
There was no report for the Planning Commission.
Chair Wanda Barker reported for the Historic Commission.
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
Vice-Mayor Dugger reported for the Codes Department.
Police Chief Paul Rigsby reported for the Police Department.
Public Works Director Lonnie Bowden reported for the Public Works Department.
Alderman Curtsinger inquired about a large pot hole that was on Newsome Lane. Mr. Bowden stated that he had turned this over to Mr. Michael Blanks and he hasn’t heard back from him about this issue.
Budget Committee Chair/Vice Mayor Tommy Dugger reported for the Budget Committee.
Susie Lindsey reported for the Town Events Committee
Vice Mayor Dugger stated that Mayor Lothers attended a meeting with the state in regards to signalization.
Vice Mayor Dugger noted that Mayor Lothers is in contact with Florence and Hutcheson. The town was recently notified that crayfish were located within the creek and further requirements must be met to protect these species.
Vice Mayor Dugger stated that Mayor Lothers had met with FEMA and it was discovered that a resolution will be before the board in order to complete the application process. Previously the board has passed a resolution, although another resolution must be addressed to complete the process in order for Nolensville to be recognized by FEMA.
Vice Mayor Dugger noted that a workshop was held with discussion being focused on the Historic Area and flood plain issues.
There were no comments.
Public hearing 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 was opened at 6:36.
Mr. Alfred Bennett reitereated the comments that he had presented to the board earlier.
Mr. Deyo Leonard, stated that he was unfamiliar with this ordinance, although he felt an issue of parking may be of concern to the board.
Vice Mayor Dugger noted that if this ordinance passed, codes must be abided by and this would include parking to be addressed.
Ms. Wanda Barker, Chairperson of Historic Commission, stated that she agreed with Mr. Bennett’s comments. She noted there would be good and bad occupants. She stated that she would prefer purchasing versus renting.
Ms. Lynda Moses, from the audience stated “ditto”.
Town Planner Laird stated that this ordinance addresses the Village area and sets the conditions which are already allowed in the CS area. Currently there are no conditions in the CS zone.
There were no further public comment. The public hearing was closed at 6:40.
Second reading of ordinance #07-02 an ordinance to amend the Municipal Code of the Town of Nolensville in regards to court litigation tax. Counsel Notestine explained this ordinance. Alderman Thomas made a motion to pass this ordinance, Alderman Alexander seconded. This passed unanimously.
First reading of ordinance #07-03, an ordinance to amend the Municipal Code in regards to fee schedule. Counsel Notestine noted that the following few ordinances are first readings. He explained the process of an ordinance and noted this particular ordinance addresses fees. Vice Mayor Dugger noted that Michael Blanks has surveyed other towns and this is basically an inflationary measure. Vice Mayor Dugger made a motion to approve, Alderman Alexander seconded.
Vice Mayor Dugger made a motion to amend this ordinance to add Sprinkler Permit Fee for $65.00, Alderman Alexander seconded. Alderman Thomas inquired if the town is currently absorbing the Sprinkler Inspection cost. Vice Mayor Dugger stated that was correct. There are no fees in place currently to re-coup this cost to the town. This amendment passed unanimously.
Mr. Bob Crigger, 995 Dortch, stated that the Nolensville College Grove Utility currently charges a backflow fee of $45.00. It was noted that this is not for the same service.
The vote was taken with the ordinance being approved unanimously as amended.
First reading of ordinance #07-04, an ordinance to amend the Municipal Code of the Town of Nolensville in regards to careless driving. Vice Mayor Dugger noted that this was brought to the Mayor by Chief Rigsby. Chief Rigsby stated that this ordinance would allow an officer to write a ticket for a situation that would not constitute a severe reckless driving charge, although a step below.
Mr. Deyo Leonard asked the Chief if this would be a moving violation that would go on someone’s permanent record. Chief Rigsby stated that it would go on the permanent record.
Alderman Curtsinger asked if the town had jurisdiction in a private parking lot. Counsel Notestine stated that the town does not have jurisdiction if someone is sitting in a private parking lot. Chief Rigsby stated that if someone pulled out of a private parking lot, squealing tires; this individual could be cited. Chief Rigsby further stated that the officer could cite the individual, although it would be the judges final determination of the offense.
Alderman Thomas made a motion to pass this ordinance, Alderman Alexander seconded and this passed by majority. Vice Mayor Dugger, Aldermen Alexander and Thomas for, Alderman Curtsinger against.
First reading of ordinance #07-05, an ordinance to amend the Municipal Code of the Town of Nolensville in regards to false alarms. Counsel Notestine stated that this ordinance addresses issues that is currently not in the Municipal Code. Chief Rigsby stated that the Nolensville Volunteer Fire Department, in addition to the Police Department, are having increased numbers in false alarms. He noted that the Fire Department is in favor of this ordinance. Chief Rigsby pointed out that false alarms would be counted within a twelve month period, not a calendar year. Vice Mayor Dugger asked if it would be difficult in regards to record keeping doing twelve month versus a calendar year? Chief Rigsby felt there would not be a problem. Alderman Thomas inquired about notification prior to testing, asking if that would count towards a false alarm. Chief Rigsby stated that it would not. Alderman Thomas asked about the possible liability if someone called stating they were a resident testing, although it was not a resident. Paul stated that if it was serious a 911 call would be made and he would respond. Alderman Curtsinger inquired to notifying the alarm companies and how that would be handled. Chief Rigsby stated that most cities have alarm permits and the alarm companies are good about contacting town hall for a permit. Alderman Curtsinger stated that a penalty is already in place per Section C, who would make the determination of a penalty? Chief Rigsby stated that the Fire Department would normally be the authority on this determination. He stated that it depends on the situation. Alderman Curtsinger stated that he did not like that wording. Fire Chief Hughes stated that much of his departments concern is with commercial. He said that they tend to not repair a fire alarm. Vice Mayor Dugger stated that he was in agreement with Alderman Curtsinger, if the fire or police department arrive on a scene they will not be able to determine if the system is in need of repair. Fire Chief Hughes stated that he was in favor of keeping Section C. Alderman Curtsinger stated that the wording “determine whether it is being used properly” concerned him. Alderman Curtsinger made a motion to amend by deleting “and may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used properly and in conformity with state and local regulations”, in Section C. Vice Mayor Dugger seconded and the amendment passed unanimously. Vice Mayor Dugger made a motion to approve the ordinance as amended, Alderman Alexander seconded and this passed unanimously.
First reading of ordinance #07-06, an ordinance to adopt a budget for the Town of Nolensville for fiscal year 2007-08. Counsel Notestine stated that each year a budget must be adopted and takes effect July 1. Vice Mayor Dugger stated that the Budget Sub-Committee has recommended this budget. He thanked David Rowland for his hard work on the committee and introduced him to present the budget. Mr. David Rowland addressed the board going over the budget explaining in detail the revenues and expenses. Vice Mayor Dugger made a motion to approve the ordinance, Alderman Thomas seconded.
Vice Mayor Dugger opened the floor for citizen comments.
Fire Chief Presley Hughes thanked the committee for meeting with him during the process. He addressed the supplemental pay for the firefighters. He stated that this is the only benefit obtained by the firefighters. He noted when this was initiated it began at $18,000 and it has remained at $18,000. Last year the department requested that this be increased and again this same request has been made.
Chief Hughes stated that additionally a 5% increase was requested for the budget contribution. He stated that written justification was submitted to the committee. He stated that this is due to the increase in the number of calls increasing to 58%. The town’s portion should be 39.36% of the budget. The town is getting 58% of the calls and paying only 37%. This requested increase was only $3,250. Alderman Curtsinger clarified that this request was made to increase the fire fighters pay. Chief Hughes stated that statement was correct. Vice Mayor Dugger asked Chief Hughes to explain the pay process to the board. Chief Hughes stated that when an emergency call is made the firefighters come to the fire hall. If a truck leaves the firefighters must stay at the hall (if not on vehicle). There is a time clock and the fire fighter “clocks in and out”. The fire fighter must arrive within six minutes of the call. Additionally, they receive pay for two training meetings per month. Vice Mayor Dugger inquired if the county paid the volunteers. Chief Hughes stated that the county maintains a LOSAP program. An audience member inquired if the budget included donations. Vice Mayor Dugger stated that it did not. Chief Hughes stated that the fire department is the only department that generates money for the town. The Fire Department requests donations. The Police Department, Public Works or Codes Department does not. Vice Mayor noted that last year $25,000 was budgeted for donations and this year $27,000 has been budgeted. Carla Ediger, member of the Budget Sub Committee stated that the Fire Department audit from last year shows contributions as being $39,000. Chief Hughes stated that he did not have a copy of that document with him.
Alderman Curtsinger asked how were the numbers for the Town Hall and Recreation Center calculated? Vice Mayor Dugger stated that these numbers came from the Mayor. Vice Mayor Dugger stated that he did not want to speak for the Mayor, although he felt this figure came from the county. Alderman Curtsinger referred to a capital improvement plan.
Ms. Ediger stated that MTAS has been contacted and it has been projected to have a capital improvements budget by mid-July. Alderman Curtsinger stated that MTAS states this goes before the Planning Commission. Vice Mayor Dugger stated that a Capital Improvements budget was adopted on April 7, 2005. Alderman Curtsinger stated that this must be changed annually.
Alderman Curtsinger stated that there is a market increase with the Police Department and Public Works and this board can’t come up with $3,200 for the Fire Department.
Ms. Ediger stated that the town did not have excess revenue. The Fire Department had approximately $25,000 in excess revenue. She stated that it did not seem sensible to increase the funding for this department with excess revenue. Alderman Curtsinger stated that maybe the police should solicit for donations. He stated that the Public Works Department runs their vehicle on Concord Road and throughout Davidson County, it seems that the Fire Department could be increased.
Vice Mayor Dugger stated that the Budget Sub-Committee worked hard and if Alderman Curtsinger wished to make an amendment he could do so. Alderman Curtsinger stated that he did not see increasing the other departments. Vice Mayor Dugger stated that an amendment could be presented.
Alderman Thomas stated that he did not serve on this Committee, although he did attend some of the meetings and felt that this group did support the Fire Department.
Alderman Curtsinger made a motion to amend the budget by adding $3,250 in the fire department operating and increase $18,000 to $24,000 in salaries, and return to cut some of the other budgets, this motion died for a lack of a second.
Alderman Thomas stated that he agreed $9,250 was not a substantial amount of money, but would like to see where the funds would come to cover this increase.
The expenses were discussed extensively. Alderman Curtsinger stated that the Fire Department is being penalized, due to this organization obtaining donations. Ms. Ediger stated that she did not feel they were being penalized, although after reviewing the audit it was a logical decision.
Alderman Thomas stated that he felt the board was opened to reviewing the numbers. The $50,000 engineering line item was discussed. Vice Mayor Dugger stated that the Budget Sub-Committee had to trim $250,000 off everyone’s budget.
Alderman Curtsinger made a motion to add $9,250 ($3,250 to operating and $6,000 to salaries) to the Fire Department budget and decrease the engineering expense line item. This motion died for a lack of a second.
There was extensive discussion on line items and various possible cuts. Vice Mayor Dugger called for the question. Vice Mayor Dugger, Aldermen Alexander and Thomas voted for the call. The vote was then taken with Vice Mayor Dugger, Aldermen Alexander and Thomas for approval, Alderman Curtsinger against. First reading of ordinance #07-06 passed by majority.
Reading of resolution #07-04, a resolution to request A T & T to enter into cable franchise negotiations in the Town of Nolensville. Counsel Notestine noted that this resolution authorizes the board to request state legislation to support the town in regards to cable franchise. Alderman Curtsinger asked the purpose of this resolution. Counsel Notestine stated that A T&T is getting into the cable business and wishes to by-pass municipalities and enter into an agreement with the State of Tennessee only. Currently the town requires cable companies to have franchise agreements. Basically A T & T does not want to pay the municipalities franchise fees. Alderman Thomas made a motion to approve this resolution, Vice Mayor Dugger seconded and this passed unanimously.
Reading of resolution #07-05, a resolution for the Mayor to enter into an agreement for a fireworks display. Counsel Notestine noted that this resolution is incorrect. The Mayor’s intent was to obtain the Board’s consent to hold a community wide fireworks display. Vice Mayor Dugger made a motion to defer, Alderman Thomas seconded, this was passed unanimously.
Vice Mayor Dugger made a motion to allow the Mayor to enter into an agreement for a fireworks display not to exceed $8,500. Alderman Curtsinger stated that he could not agree to spend $8,500 for a party. Vice Mayor Dugger, Aldermen Alexander and Thomas voted for, Alderman Curtsinger voted against. This passed by majority vote.
The meeting adjourned at 7:49 p.m.
Respectfully submitted, Approved,
Cindy Lancaster Beth Lothers
Town Recorder Mayor