Town of Nolensville

Board of Mayor and Alderman Meeting

Date: October 5, 2006, Time 7:00 p.m.

Nolensville Elementary School

Mayor Tommy Dugger opened the meeting at 7:06 p.m.  Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster.  There were 54 citizens present.

Mr. Willis Wells led the prayer and pledge.

Citizens Input:

Ms. Mary Parker who is running for a position as a Democratic in the State Senate introduced herself to the audience and asked for Nolensville’s vote.

Mr. Don Geary, Brittain Lane, asked if the vote would be taken on the old Marusa’s property.  He noted that he lives on Brittain Lane and is opposed to rezoning this property.  He stated that this property is in the flood plain and the impact would not be positive.

Ms. Tracy Blott, Dortch Lane, stated that as a citizen of Nolensville she is concerned about a Mayoral candidate.  She asked each candidate how they stood personally and financially.

Mr. Grady Shotwell, Rocky Fork Road, stated that he was taught when the pledge is recited you take your hat off and put your hand over your heart.

Mr. Bob Haines, Norfolk Lane, stated that he wanted to make the board aware that there is a small group that has been working hard on the Design Review Guidelines so that buildings in Nolensville are compatible with the current architectural design.  He ask the board to please pass this ordinance.  Additionally, he thanked Planner Henry Laird for all his hard work on this project.

Mayor Dugger made a motion to approve the minutes from the regular meeting of September 7, Alderman Alexander seconded.  Alderman Weaver-Lothers made a motion to amend the minutes on the last page.  The following statement was in the minutes,  “Alderman Weaver-Lothers stated that she is in support of the fire department, although $240,000 is a large sum of money”.  Alderman Weaver-Lothers added the following:  “that would require us to ask some important questions this evening.  In questioning the County Commissioner he confirmed that the towns contribution would be an investment in the county’s land and not necessarily recouped by the town in the future.”  This was seconded by Mayor Dugger.  The minutes were unanimously approved as amended.

Recorder Lancaster presented the treasurer’s report.  Alderman Curtsinger noted a concern in the percentages.  He noted that the expenses were at 66% and if this continues the revenues will not cover expenses.  Mayor Dugger pointed out that the grant for the water line was $77,000 and this was a factor in the revenues and expenses.  Mayor Dugger stated that this would be researched and we would have an answer for the board.  Mayor Dugger made a motion to approve the treasurer’s report, Alderman Alexander seconded and this passed unanimously.

Committee reports:

Mr. Willis Wells reported for the Planning Commission.

· Bennington passed unanimously

· Zoning amendments were deferred

· Architectural Design Review Standards were approved

· Application time lines were extended

· Subdivision Regulation changes were discussed

· Monthly Bond report was approved

Ms. Betty Friedlander reported for the Historic Commission.

· Working on new Certificate of Appropriateness

· Litter campaign began

· Shred Day and Hazardous Waste Day is a part of the litter campaign

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

· October 8-14 Fire Prevention Week

· Cooking Fires are number one cause of house fires

· First responders test will be taken by four members

· Seven volunteers are employed fulltime as emergency workers

· Two volunteers have taken full time firefighter jobs

· November 4, Williamson County Sheriff’s Office will be at Nolensville Elementary School to assist in proper booster seat installation

· Noted calls are up 13%

Mayor Dugger asked Chief Hughes if his department was pursuing Williamson County to pass a sprinkler ordinance.  Chief Hughes stated yes.

Rich Woodroof reported for the Code's Department

· 427 building inspections performed

· Worked with Public Works in regards to drainage issue

Chief Paul Rigsby reported for the Police Department

· A written report was submitted

· Police Car donated from Berry Hill is currently being used by the department

· Department attended the Kindergarten class at Sunset Elementary for public service

· Currently working on lowering gas cost within the budget

Mayor Dugger reported for the Public Works Department noting a written report was submitted to the board.

Mayor's report:

Mayor Dugger stated that Florence and Hutcheson, which was hired by the town to analyze the growth and the impact the growth places on roads within the town, had submitted an initial report.  He stated that this is the first step in initiating an impact road fee.  Planner Laird stated that once this report is finalized the data would be turned over to Duncan and Associates for their review.  Mr. Gardner Jones asked if this document could be available for public view.  It was noted that copies of this document are at town hall.

Mayor Dugger stated that the board must review and get any comments or questions back to Mr. Laird.

Mayor Dugger noted that a seat was vacant on the Planning Commission due to Mr. Boyd’s resignation.  Ms. Debbie Riddle was nominated to fill this vacancy.  The board approved this nomination unanimously by acclamation.

Mayor Dugger stated that Mr. Paul Lebovitz spoke to the board about a grant that he would like to move forward on for the Town of Nolensville.  The deadline is November 1.  Counsel Notestine stated that this is not an agenda item, although if the board wishes to allow this by acclamation that would be acceptable.  He noted that if any board member had questions or concerns they might wish to wait and not vote on this item at this time.

Alderman Weaver-Lothers asked if the town had paid for this in the past.  It was noted that this has not been paid for in the past.  Alderman Curtsinger stated that the Mayor has the ability to perform this if the item is less than $10,000.  Alderman Alexander stated that the town should move forward, Alderman Felts agreed.  This request was agreed on unanimously.

Alderman Weaver-Lothers noted that the Board needs to support staff with code issues, although when an issue can be resolved with a practical solution, she felt that is the wise choice to make.  She noted that she would like to request that the zoning ordinance be revisited within the section addressing flag regulations.  She noted a memo had been given to the board by Planner Laird and ask for the boards input.

Mayor Dugger stated that the goal is to make sure that a flood of pennants or flags are not on car lots throughout the town.  The board does not want to open an avenue for people to advertise.  He stated that the definition is being researched.

Alderman Felts stated that he recently took his “uniform” off after serving 32 years in the military.  He stated that he would be in agreement to resolve this issue.  Alderman Curtsinger stated that he thinks this should go back to the Planning Commission.  Mayor Dugger stated that it was on the agenda for next week’s meeting.

Public hearing for Ordinance #06-19, an ordinance to amend the zoning ordinance #04-09 to revise definitions pertaining to recreation, commercial and indoor uses opened at 7:51 p.m.  Town Planner Laird stated that the current ordinance has a definition although; it does not have a use.  The Planning Commission has recommended that this move forward.  The public hearing closed at 7:51 p.m.

Public hearing for Ordinance #06-21, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) opened at 7:54 p.m.  Counsel Notestine stated that this was the previous Marusa property at 7149 Nolensville Road.  He described the zoning and the history of this property.

Mr. Larry Gardner, York Road, stated that he opposes this due to the flood plain.  He stated that he had met with Lee Sanders at the county.  He stated that the county did allow the non-conforming use.  He also stated that he had talked to several property owners and they do not want it.

Dr. James Clark, 921 Oldham Drive, stated there have been several workshops.  It was understood that the town was going to build very little in that area.  He stated that he did not understand why this vote is being taken.  There are better locations to place commercial.

Mr. Ken Kelley, owner of property, stated that he does not intend on changing the building, therefore there will be no grading issues.  He stated that he has letters from the adjacent property owners that do not object to the rezoning.  He distributed copies of the letters to the board.

The public hearing closed at 8:03.

Second reading of Ordinance #06-16, an ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to regulate garage entry design.  Counsel Notestine stated the process of an ordinance.  Town Planner Laird noted this changes garage entry within Suburban Residential. Mr. Laird read portions of the ordinance.

Alderman Weaver-Lothers noted that she supports a change that reflects citizens request within the survey that was performed a couple of years ago.

Alderman Curtsinger asked if the terms were defined so that they cannot place an overhang.  It was noted they were defined appropriately not to allow this.

Alderman Alexander asked for clarification that this ordinance would only apply to new development.  Counsel Notestine stated that it would not affect existing developments.

Alderman Weaver-Lothers made a motion to approve this Ordinance, Mayor Dugger seconded and this passed unanimously.

Second reading of Ordinance #06-17, an ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to participate in the National Flood Insurance Program. Town Engineer Woodroof stated that this ordinance allows the town to be recognized in the National Flood Insurance Program.  Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

Second reading of Ordinance #06-20, an Ordinance to name Peoples State Bank as a depository for town funds.  Counsel Notestine noted this ordinance is to set a relationship with Peoples State Bank and deposit funds with this bank.

Mr. Rick Moody, CEO of Peoples State Bank, read a letter to the audience and board.  He noted that the controversy is over the offer that was made to employees.  He noted that the proposal was not contingent upon any condition.  He asks the board to focus on the services that will be provided to the town with Peoples State Bank.  Mayor Dugger made a motion to approve this ordinance, Alderman Alexander seconded.  Mayor Dugger made a motion to delete “various funds” and insert “of funds”, Alderman Felts seconded.  This amendment passed unanimously.

Alderman Weaver-Lothers asked for clarification that there is no intent in regards to perks for employees of town hall.  Mayor Dugger stated that those items mentioned would not be offered to employees.  Alderman Weaver-Lothers recommended that in the future that be put in writing.

Alderman Curtsinger stated that Resolution #06-16 should be rescinded because it is illegal and it needs to be revisited.

Alderman Weaver-Lothers asked for clarification that First Tennessee Bank interest rate was .092% with Peoples State Bank offering 4.58%.  Mayor Dugger stated that is correct.

Alderman Curtsinger reiterated that Resolution #06-16 was illegal.

There was extensive discussion in regards to this ordinance.  Alderman Alexander called the question, Alderman Felts seconded.   The vote was taken on this ordinance as amended with passage by majority.  Mayor Dugger, Aldermen Alexander, Felts and Weaver-Lothers for, Alderman Curtsinger against.

First reading of Ordinance #06-22, an Ordinance to amend Title 15, Chapter 7 and 9 of the Municipal Code regarding parking.  Counsel Notestine described this ordinance and asked Chief Rigsby to comment.  Chief Rigsby noted that this ordinance would clean up language to assist the Police Department in regards to parking issues.  An audience member shouted how do you get a parking ticket in Nolensville.  Mrs. DeDe Bowden approached the podium and described an illegal parking situation.  Alderman Felts made a motion to pass this ordinance, Mayor Dugger seconded and this ordinance passed unanimously.

First reading of ordinance #06-23, an ordinance to amend Title 15, Chapter 3 of the Municipal Code regarding speed limit.  Chief Rigsby noted that currently the speed limit is inconsistent on Sunset Road.  He asks that the speed limit be changed to create consistency down Sunset Road.  Alderman Felts made a motion to pass this ordinance, Alderman Weaver-Lothers seconded and this passed unanimously.

First reading of Ordinance #06-24, an ordinance to amend the zoning ordinance #04-09, in regards to design review.  Alderman Weaver-Lothers described the Design Review Committee role and the document before the board.

Mr. Matt Happel, 9898 Sam Donald Road, spoke in favor of this ordinance noting that he was on this committee.  He stated that an architecture that was familiar with this Design Review stated that this could add an enormous value to the town.  Mayor Dugger thanked this committee for their hard work.  Alderman Alexander stated that this is some of the best he has seen.

Alderman Curtsinger asked how this group would function with the Historic Commission.  Mr. Laird stated that reviews would go through the Design Review Committee and then proceed through the Historic Commission and Planning Commission.  Alderman Curtsinger stated that this should be made a Commission of the town.  Mr. Laird stated that they felt this could be a work in progress and an extension of staff that can be reviewed at the front end.

Alderman Weaver-Lothers stated there are pros and cons.  This group wants to be an advisory board and not take away the Planning Commission authority.  Mayor Dugger stated that when this committee was recognized by Resolution, it was noted that was the initial step.  Mr. Laird added that the memo that was distributed explains the function of this committee and the document.

Mayor Dugger made a motion to pass this ordinance, Alderman Felts seconded and this passed unanimously.

Reading of Resolution #06-20, a Resolution to approve repair of Waller Road.  Counsel Notestine stated that discussion has been on going with the City of Brentwood in regards to repair on Waller Road.  Engineer Woodroof stated that we have had a proposal from Brentwood for sometime.  Alderman Curtsinger asked if there was any consideration to sidewalks.  Engineer Woodroof stated that the terrain is not conducive and this would increase the cost.

Mr. Rick Owens, 313 Barronswood Drive, stated that he had mentioned previously the incorporation of bike lanes.

Alderman Curtsinger stated that he felt it is important to review this now in this phase of the process.  Engineer Woodroof stated that if it is the will of the board, he would go to Brentwood and get their input on this request.

Alderman Weaver-Lothers stated that she felt we should pursue the dialog.  Alderman Alexander stated that if the town wishes to bare the cost of a sidewalk, Brentwood probably would not have a problem with this request.  Alderman Felts stated that he felt the road repair should begin and then review the sidewalk issue.

Mayor Dugger noted that through this discussion he is under the impression that the board wants to pass this Resolution and then initiate discussion with Brentwood to install sidewalks.  If they do not want to install sidewalks it will be reported to this board.  The board was in agreement.  Alderman Alexander made a motion to pass this Resolution, Alderman Curtsinger seconded and this Resolution was passed unanimously.

Mayor Dugger stated that he had calculated the figures Alderman Curtsinger inquired earlier on Page two of the Treasurer’s Report.  Mayor Dugger noted that if you backed out the water line grant of  $77,000, the revenues would be over 9%.  The same is with the $77,000 and expense percentage.

Alderman Weaver-Lothers noted that a citizen had contacted her in regards to installing reflective material or possible guardrails at Newsome Lane and Rocky Fork Road.  Engineer Woodroof stated that this could be reviewed.  The MUTCD guidelines must be followed for roads.  Alderman Felts noted that when he has driven in that area, there is a blind spot at that location.  Engineer Woodroof stated that this request could be placed into a Resolution.

The meeting adjourned at 9:20 p.m.

Respectfully submitted,                                                          Approved,

Cindy Lancaster                                                                      Walter T. Dugger, III

Town Recorder                                                                       Mayor