Town of Nolensville

Board of Mayor and Alderman Meeting

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

Nolensville Elementary School

 

 

Mayor Beth Lothers opened the meeting at 7:02 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 25 citizens present.

 

The prayer and pledge were led by Larry Guin with Jenkins Cumberland Presbyterian Church.

Citizens Input:

 

Mr. Dan Fairfax, 714 Kelly Drive, Lebanon, Tennessee distributed information to the Mayor that shall be given to the board. Mr. Fairfax stated that he had visited Mr. Phil Tucks home and neighbors on Alec Drive in regards to blasting. He noted that there are efforts being made by state legislation proposing changes to the Tennessee blasting law. He stated that he had been given a draft of a proposal in regards to blasting. A copy was in the paperwork given to the Mayor. He noted that currently Tennessee State Law prohibits municipal or county government from providing a blasting ordinance that is stronger than state guidelines to help protect our family. Davidson County government passed a resolution to strengthen the blasting law. State legislators are interested in strengthening these laws. As well Mr. Fairfax is encouraging governments to pass similar resolutions. There is a web site address that can be reviewed by anyone that would like to educate themselves on this issue. He thanked the board for them allowing him to speak.

 

Ms. Cindy Arnold, 878 Dortch Lane, addressed the blasting in Nolen Park. She stated that this development has been blasting for the past three months. When speaking with the developer initially, they told Ms. Arnold that blasting should be completed in January. Residents have incurred china falling from cabinets in addition to fly rock knocking out glass. She stated that in the past two weeks education in regards to blasting has been extensive and ongoing among neighbors. She noted that one individual has a seismograph in order to measure the blasting. She asked the board to do the following:

 

  1. Obtain a pre-blast survey for residents that live within a certain distance. 2. Pre-blast survey should include exterior and interior. 3. Information should be given to neighbors in the form of a letter to include timeline, how blasting is measured, how to file a complaint and when it will be detonated. 4. Notify residents of the noise ordinance. Residents should know this exist and contact police when this law is broken.

 

She asked that the board perform these requests during the subdivision approval or within the blasting application.

 

Alderman Dugger made a motion to approve the minutes of the regular meeting of December 7, 2006. Alderman Thomas seconded. Mayor Lothers noted that some typographical errors exist and she would get with the recorder so that these can be corrected. Alderman Curtsinger stated that the appointments were listed within the minutes. He noted that state law states that the Board representative to Planning Commission must be elected by the Board. He asked that this be corrected with a nomination being made tonight. Counsel stated that TCA should be reviewed and it should be placed on the agenda. Alderman Alexander agreed with the process to open up nominations. Mayor Lothers stated that in regards to Committees and Commissions she had corrections noting that Gardiner Jones on the Communications Committee not Gardiner Cole. The vote was taken and the minutes were approved unanimously.

 

Alderman Alexander made a motion to approve the special meeting minutes of January 22, 2007, Alderman Dugger seconded. Mayor Lothers noted that the special meeting followed the beer board meeting on that same evening. The special meeting minutes were approved unanimously.

 

Mayor Lothers stated that without any disagreement she would introduce nominations for Board representative to the Planning Commission to honor Alderman Curtsinger’s request under other business. Counsel Notestine did note that that Alderman Alexander had been technically approved by the unanimous vote by acclamation at the January Board meeting. Mayor Lothers still agreed to open up the nomination process to confirm that appointment.

 

Alderman Dugger made a motion to approve the Beer Board minutes from January 22, 2007, Alderman Thomas seconded. The Beer Board minutes were approved unanimously.

 

Mayor Lothers made a motion to approve the of treasurer’s report, Alderman Dugger seconded. The report was approved unanimously.

 

Mayor Lothers introduced Mr. John Poole, CPA, Auditor for the Town of Nolensville who presented the audit to the board. Mr. Poole introduced himself and noted the process of the audit. He noted that the revenues are reviewed and monies are being received in the proper fashion. He stated that he reviews the expenses and make sure proper procedures are in place. Mr. Poole informed the board that they have a copy of these audits and if they have any questions please feel free to contact him, he can be reached at the telephone number on page four of the audit.

 

COMMITTEE REPORTS:

 

Mr. Willis Wells reported for the Planning Commission.

 

 

There was no report for the Historic Commission due to there not being a meeting.

 

Fire Chief Presley Hughes reported for the Fire Department

 

 

Town Engineer Rich Woodroof reported for the Codes Department

 

 

Police Chief Paul Rigsby reported for the Police Department

 

 

Mayor Lothers noted that recently there was a tragedy involving a child and Chief Rigsby handled this very well. She commended Chief Rigsby on his handling of this situation. Chief Rigsby thanked the fire department on their assistance as well.

 

Public Works Director Lonnie Bowden reported for the Public Works Department

 

 

Alderman Dugger noted that the Budget Committee has met. The Committee will meet again on February 13, at 9:00 a.m. Department heads will be meeting with this Committee beginning at 8:30. He noted that the Mayor has requested budgets to be submitted to town hall by February 9.

 

Mayor Lothers noted that a new individual Mr. Douglas Bradley who is experienced with the Core of Engineers will be on the Storm Water Review Board. Alderman Curtsinger wished to not serve on the Historic Zoning Commission. Alderman Ken Thomas has agreed to serve on this Commission, with Alderman Dugger serving on the Board of Zoning Appeals. Suzie Lindsey is Chairperson of the Town Events Committee. Linda Roberts and Rose and Bob Kozlik will be serving on this Committee also.

Mayor’s Report:

  1. Blasting

 

On a power point presentation Mayor Lother’s illustrated to the audience the Town of Nolensville’s current application for a blasting permit and the current information given out to residents with complaints see attached power point presentation. She demonstrated the cost of various cities and noting the town does not charge a fee for this permit. She noted that recently complaints were submitted to the town, State of Tennessee in addition to ATF. These complaints were investigated and found that no laws had been broken. She met with Mr. Dan Crunk of Land Development, Bill Rogers with Civil Constructors, and the blasting contractor who are involved with Nolen Park. She noted that any alleged property damage would be investigated by Jones Company. In response to this meeting letters were sent to adjacent neighbors communicating the horn signaling system and confirmed the number of pre-blast surveys that had been conducted. Mayor Lother’s described to the audience the horn sounds and the meaning of the various sounds. She discussed fly rock, and stated if any resident is a victim of a fly rock incident on their property to have it reviewed immediately by taking pictures and documenting the incident. Fly rock prevention is addressed within the state law. The town can investigate and follow other municipalities by adopting similar ordinances. Mayor Lothers noted that another option is to talk to state legislators to allow for greater municipal control.

 

Mayor Lothers encouraged the board to comment. Alderman Curtsinger asked if there was anything she can do as a town, such as if kids throw rocks into homes, the police can get involved. He emphasized that this is life safety issues. He stated the Fire Marshall should come to monitor this situation or do something. Mayor Lothers had been advised that Spring Hill may have some particular blasting ordinance of interest and asked Alderman Curtsinger if he would communicate with Spring Hill and research their blasting requirements. Alderman Curtsinger stated that he did not have the resources to do this, but the town needs to do something because this is a life safety issue.

 

Counsel Notestine noted that the state exercises a supremacy clause. This means that another government cannot supersede this law. He stated that during his research he has found that during a PUD approval the town can require a pre-blast survey.

 

Alderman Curtsinger asked what did state law say about life safety. Counsel Notestine stated that it is the Fire Marshals job. Mayor Lothers read parts of the state law in regards to the requirements. Alderman Alexander noted that the town can follow Metro’s lead and pass a resolution to forward on to the state legislators. Mayor Lothers noted that could be placed on the agenda for the next meeting. Mayor Lothers inquired as to a pre-blast survey being required on the permit. Engineer Woodroof stated that his concern would be the area that would be included within the survey. Counsel Notestine stated that the town should request a copy of the insurance policy.

 

Alderman Thomas stated that he has concerns about the citizens that have documented problems. Mayor Lothers noted that would be a civil matter, although she does have the contact names. She further stated that they were very responsive to her in their discussions. Mayor Lothers stated that she was in agreement with Alderman Alexander in preparing a resolution. Alderman Dugger also agreed. He stated that it is a double edge sword. The town requires underground utilities and more blasting will occur. Alderman Curtsinger clarified that the only thing citizens can do at this point is to file civil action. Mr. Bob Haines, from the audience, asked if the schools could educate the children on what the horn sounds represent. Mayor Lothers asked Counsel if the police could be called if fly rock was witnessed. Counsel Notestine stated that they could be contacted if this occurred. Mr. Ollie Cole, from the audience, stated that an alternative to blasting could be trenchers.

 

 

  1. Impact fees

 

Mayor Lothers stated that a draft should be completed by the end of March.

 

  1. Waller Road

 

Mayor Lothers stated that she had met with City of Bentwood and resurfacing should be completed by the end of February weather permitting. She stated that Waller Road would be shut down on Saturday. Homeowners will have access although there will be only be one lane opened.

 

 

  1. Other

 

Mayor Lothers stated that she will submit various dates for the MTAS work shop to the Board.

 

Engineer Woodroof stated that Florence and Hutcheson will be performing the engineering work for the Rocky Fork realignment. They will prepare the bid documents and will perform some inspections.

 

Counsel Notestine noted that the lawsuit of Moon vs. Nolensville and Moon vs. Alderman Curtsinger has been dropped by Mr. Moon. The town ordinance states that if a re-zoning request is turned down, the applicant may reapply after one year. It has almost been one year.

 

Mayor Lothers stated that she had met with Mr. Doug Hood, Williamson County Parks and Recreation Director, and he has agreed to construct a bathroom at the soccer field. Williamson County has agreed to comply with the town’s flood plain policy.

 

Eric Graubner is working on his Eagle Scout designation. He has chosen to work on a pedestrian bridge off of Rocky Fork Road.

 

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. Counsel Notestine noted that this is the first step in the ordinance process. Town Planner Laird noted that the first section would allow for the residential units and Section two establishes the conditions on the uses. He further noted that a correction should be made to make this totally accurate.

 

Alderman Dugger asked what the need or purpose is to add this use. Planner Laird stated that it is allowing this use in the Village similar to being allowed in Commercial Services. It allows for a business to be on the first floor with a residence on the second.

 

Mr. Alfred Bennett, from the audience, noted that the second floor had been requested, but the third floor was not needed. Alderman Curtsinger noted that buildings are only allowed to be 35’. It would be difficult to have a third floor in a structure this size. Planner Laird said that it was requested to be allowed in the Village area, and this is reflected in section one. Section two defines what exists currently in Commercial Services.

 

Alderman Curtsinger stated that he has a problem with “G”. This statement notes that it was approved by the Design Review Committee, but was not approved by the Planning Commission. He further stated that the sunshine law had been violated and the Design Review Committee should be a Commission. Mayor Lothers noted that she agrees with Alderman Curtsinger that the DRC is an advisory board not a Commission, the Design Review Committee hopes to support staff in the approved Design Review Standards within the ordinance. She further stated that she had investigated whether or not it was necessary to advertise every meeting since it was a committee not a Commission. It is an advisory committee to the Planning Commission, in making recommendations and not voting on a decision.

Alderman Alexander asked if the people in that area have been notified of the public hearing of ordinance 07-01. He suggested that this be done. Alderman Alexander noted that it states “must have sewer”, we all know they do not have sewer down town. Alderman Curtsinger stated that they could have an approved septic system. Alderman Dugger stated that it appeared the language should be changed. Planner Laird stated that the language is “approved sewer system”. He stated that this approval would come from the Environmental Department stating occupant has an approved sewage disposal system.

 

Mayor Lothers made a motion to amend by changing, “approved sewer system” to “approved sewage disposal system”. Additionally, change “G” to “Must be reviewed and recommended by Design Review Committee (in CS and V Districts) and Historic Zoning Commission (V District). Alderman Dugger seconded.

 

Alderman Curtsinger stated that he felt the Planning Commission should be noted. Mayor Lothers asked if it was the order in it which this section is listed that is confusing.

 

Alderman Thomas asked Alderman Curtsinger if he wanted it to state that “approved by the Planning Commission.” Alderman Curtsinger stated that is how it should read.

 

Mayor Lothers noted that the Historic Commission should be the step prior to the Planning Commission. Alderman Curtsinger stated that it all feeds into the site plan.

 

Ms. Betty Friedlander, from the audience, said that it does not necessarily have to come before the Historic Commission prior to the Planning Commission.

 

Alderman Dugger noted there appears to be many questions. Is there an urgency that this needs to be passed tonight? He asked if this could come back next month with the discussed changes. Planner Laird stated that he was unaware of any urgency. Alderman Alexander stated that there are two more months in the process. There is still more time. Mayor Lothers withdrew her motion to amend, Alderman Dugger withdrew the second. Mayor Lothers requested Town Planner Laird to bring back to the board next month.

 

Reading of resolution #07-01, a resolution to make application for TDOT Safe Routes to School Program. Alderman Thomas asked for a timeline. Mayor Lothers stated that the deadline is March 15. Alderman Thomas inquired to the number of grants that will be awarded. Planner Laird said that we can apply for up to $250,000 on a reimbursement basis. Planner Laird noted that the town will spell out the cost related to pedestrian and bike trails within the grant.

 

Alderman Curtsinger asked if this is approved will the town hire a grant writer. Mayor Lothers stated no, that Williamson County will be working with the town on this at no cost.

 

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

 

Other

 

Mayor Lothers noted that at the January meeting the board approved the listed Committees and Commissions that are in the minutes. This was the proper process of nominating Alderman Alexander as the designated Planning Commission member from the Board of Mayor and Aldermen. Although, Mayor Lothers stated that she wanted to honor Alderman Curtsingers earlier request of a nomination. Mayor Lothers stated that she would like to nominate Alderman Alexander; Alderman Curtsinger stated that he would like to nominate Alderman Thomas. Mayor Lothers made a motion to place Alderman Alexander on the Planning Commission, Alderman Dugger seconded. Mayor Lothers, Alderman Thomas, and Alderman Dugger for, Alderman Alexander abstained and Alderman Curtsinger voted against.

 

Counsel Notestine stated that at last months meeting the Board of Mayor and Aldermen approved Alderman Alexander and has met the requirements of the law.

 

Mayor Lothers asked that staff review the temporary sign permit and the time frame that a temporary sign is allowed. For example in the Historic area, businesses may have to wait thirty (30) days to appear before the Historic Commission. Technically, they are only allowed to have a temporary permit for two weeks.

 

Alderman Curtsinger noted that there is a question on the Board of Zoning Appeals in regards to a deck. Mayor Lothers noted that the applicant is reapplying and was advised if there is an active application the applicant is allowed to go through the process. Counsel Notestine stated that this applicant came before the BZA and has made application for a different request. The BZA has to review this independently and then the town will go from there. The BZA did decline a previous request, although this is a different request. Alderman Curtsinger stated that our ordinance states that you can not bring this back for a year. Counsel Notestine stated that Alderman Curtsinger needs to show this to him, because he has reviewed this and did not see that timeframe. Mayor Lothers stated that she must look to the town attorney for legal advice and this is the opinion that he has given to her. Alderman Dugger asked if there was any timeframe allotted. Engineer Woodroof stated that he sent the applicant a letter giving him a time in which to conform to the BZA decision. The applicant submitted a new application for a different variance request prior to the enforcement deadline.

 

Mayor Lothers made a motion to adjourn, Alderman Alexander seconded and this passed unanimously. The meeting was adjourned at 9:10 p.m.

Town of Nolensville

 

Board of Mayor and Alderman Meeting

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

Nolensville Elementary School

 

 

Mayor Beth Lothers opened the meeting at 7:02 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 25 citizens present.

 

The prayer and pledge were led by Larry Guin with Jenkins Cumberland Presbyterian Church.

Citizens Input:

 

Mr. Dan Fairfax, 714 Kelly Drive, Lebanon, Tennessee distributed information to the Mayor that shall be given to the board. Mr. Fairfax stated that he had visited Mr. Phil Tucks home and neighbors on Alec Drive in regards to blasting. He noted that there are efforts being made by state legislation proposing changes to the Tennessee blasting law. He stated that he had been given a draft of a proposal in regards to blasting. A copy was in the paperwork given to the Mayor. He noted that currently Tennessee State Law prohibits municipal or county government from providing a blasting ordinance that is stronger than state guidelines to help protect our family. Davidson County government passed a resolution to strengthen the blasting law. State legislators are interested in strengthening these laws. As well Mr. Fairfax is encouraging governments to pass similar resolutions. There is a web site address that can be reviewed by anyone that would like to educate themselves on this issue. He thanked the board for them allowing him to speak.

 

Ms. Cindy Arnold, 878 Dortch Lane, addressed the blasting in Nolen Park. She stated that this development has been blasting for the past three months. When speaking with the developer initially, they told Ms. Arnold that blasting should be completed in January. Residents have incurred china falling from cabinets in addition to fly rock knocking out glass. She stated that in the past two weeks education in regards to blasting has been extensive and ongoing among neighbors. She noted that one individual has a seismograph in order to measure the blasting. She asked the board to do the following:

 

  1. Obtain a pre-blast survey for residents that live within a certain distance. 2. Pre-blast survey should include exterior and interior. 3. Information should be given to neighbors in the form of a letter to include timeline, how blasting is measured, how to file a complaint and when it will be detonated. 4. Notify residents of the noise ordinance. Residents should know this exist and contact police when this law is broken.

 

She asked that the board perform these requests during the subdivision approval or within the blasting application.

 

Alderman Dugger made a motion to approve the minutes of the regular meeting of December 7, 2006. Alderman Thomas seconded. Mayor Lothers noted that some typographical errors exist and she would get with the recorder so that these can be corrected. Alderman Curtsinger stated that the appointments were listed within the minutes. He noted that state law states that the Board representative to Planning Commission must be elected by the Board. He asked that this be corrected with a nomination being made tonight. Counsel stated that TCA should be reviewed and it should be placed on the agenda. Alderman Alexander agreed with the process to open up nominations. Mayor Lothers stated that in regards to Committees and Commissions she had corrections noting that Gardiner Jones on the Communications Committee not Gardiner Cole. The vote was taken and the minutes were approved unanimously.

 

Alderman Alexander made a motion to approve the special meeting minutes of January 22, 2007, Alderman Dugger seconded. Mayor Lothers noted that the special meeting followed the beer board meeting on that same evening. The special meeting minutes were approved unanimously.

 

Mayor Lothers stated that without any disagreement she would introduce nominations for Board representative to the Planning Commission to honor Alderman Curtsinger’s request under other business. Counsel Notestine did note that that Alderman Alexander had been technically approved by the unanimous vote by acclamation at the January Board meeting. Mayor Lothers still agreed to open up the nomination process to confirm that appointment.

 

Alderman Dugger made a motion to approve the Beer Board minutes from January 22, 2007, Alderman Thomas seconded. The Beer Board minutes were approved unanimously.

 

Mayor Lothers made a motion to approve the of treasurer’s report, Alderman Dugger seconded. The report was approved unanimously.

 

Mayor Lothers introduced Mr. John Poole, CPA, Auditor for the Town of Nolensville who presented the audit to the board. Mr. Poole introduced himself and noted the process of the audit. He noted that the revenues are reviewed and monies are being received in the proper fashion. He stated that he reviews the expenses and make sure proper procedures are in place. Mr. Poole informed the board that they have a copy of these audits and if they have any questions please feel free to contact him, he can be reached at the telephone number on page four of the audit.

 

COMMITTEE REPORTS:

 

Mr. Willis Wells reported for the Planning Commission.

 

 

There was no report for the Historic Commission due to there not being a meeting.

 

Fire Chief Presley Hughes reported for the Fire Department

 

 

Town Engineer Rich Woodroof reported for the Codes Department

 

 

Police Chief Paul Rigsby reported for the Police Department

 

 

Mayor Lothers noted that recently there was a tragedy involving a child and Chief Rigsby handled this very well. She commended Chief Rigsby on his handling of this situation. Chief Rigsby thanked the fire department on their assistance as well.

 

Public Works Director Lonnie Bowden reported for the Public Works Department

 

 

Alderman Dugger noted that the Budget Committee has met. The Committee will meet again on February 13, at 9:00 a.m. Department heads will be meeting with this Committee beginning at 8:30. He noted that the Mayor has requested budgets to be submitted to town hall by February 9.

 

Mayor Lothers noted that a new individual Mr. Douglas Bradley who is experienced with the Core of Engineers will be on the Storm Water Review Board. Alderman Curtsinger wished to not serve on the Historic Zoning Commission. Alderman Ken Thomas has agreed to serve on this Commission, with Alderman Dugger serving on the Board of Zoning Appeals. Suzie Lindsey is Chairperson of the Town Events Committee. Linda Roberts and Rose and Bob Kozlik will be serving on this Committee also.

Mayor’s Report:

  1. Blasting

 

On a power point presentation Mayor Lother’s illustrated to the audience the Town of Nolensville’s current application for a blasting permit and the current information given out to residents with complaints see attached power point presentation. She demonstrated the cost of various cities and noting the town does not charge a fee for this permit. She noted that recently complaints were submitted to the town, State of Tennessee in addition to ATF. These complaints were investigated and found that no laws had been broken. She met with Mr. Dan Crunk of Land Development, Bill Rogers with Civil Constructors, and the blasting contractor who are involved with Nolen Park. She noted that any alleged property damage would be investigated by Jones Company. In response to this meeting letters were sent to adjacent neighbors communicating the horn signaling system and confirmed the number of pre-blast surveys that had been conducted. Mayor Lother’s described to the audience the horn sounds and the meaning of the various sounds. She discussed fly rock, and stated if any resident is a victim of a fly rock incident on their property to have it reviewed immediately by taking pictures and documenting the incident. Fly rock prevention is addressed within the state law. The town can investigate and follow other municipalities by adopting similar ordinances. Mayor Lothers noted that another option is to talk to state legislators to allow for greater municipal control.

 

Mayor Lothers encouraged the board to comment. Alderman Curtsinger asked if there was anything she can do as a town, such as if kids throw rocks into homes, the police can get involved. He emphasized that this is life safety issues. He stated the Fire Marshall should come to monitor this situation or do something. Mayor Lothers had been advised that Spring Hill may have some particular blasting ordinance of interest and asked Alderman Curtsinger if he would communicate with Spring Hill and research their blasting requirements. Alderman Curtsinger stated that he did not have the resources to do this, but the town needs to do something because this is a life safety issue.

 

Counsel Notestine noted that the state exercises a supremacy clause. This means that another government cannot supersede this law. He stated that during his research he has found that during a PUD approval the town can require a pre-blast survey.

 

Alderman Curtsinger asked what did state law say about life safety. Counsel Notestine stated that it is the Fire Marshals job. Mayor Lothers read parts of the state law in regards to the requirements. Alderman Alexander noted that the town can follow Metro’s lead and pass a resolution to forward on to the state legislators. Mayor Lothers noted that could be placed on the agenda for the next meeting. Mayor Lothers inquired as to a pre-blast survey being required on the permit. Engineer Woodroof stated that his concern would be the area that would be included within the survey. Counsel Notestine stated that the town should request a copy of the insurance policy.

 

Alderman Thomas stated that he has concerns about the citizens that have documented problems. Mayor Lothers noted that would be a civil matter, although she does have the contact names. She further stated that they were very responsive to her in their discussions. Mayor Lothers stated that she was in agreement with Alderman Alexander in preparing a resolution. Alderman Dugger also agreed. He stated that it is a double edge sword. The town requires underground utilities and more blasting will occur. Alderman Curtsinger clarified that the only thing citizens can do at this point is to file civil action. Mr. Bob Haines, from the audience, asked if the schools could educate the children on what the horn sounds represent. Mayor Lothers asked Counsel if the police could be called if fly rock was witnessed. Counsel Notestine stated that they could be contacted if this occurred. Mr. Ollie Cole, from the audience, stated that an alternative to blasting could be trenchers.

 

 

  1. Impact fees

 

Mayor Lothers stated that a draft should be completed by the end of March.

 

  1. Waller Road

 

Mayor Lothers stated that she had met with City of Bentwood and resurfacing should be completed by the end of February weather permitting. She stated that Waller Road would be shut down on Saturday. Homeowners will have access although there will be only be one lane opened.

 

 

  1. Other

 

Mayor Lothers stated that she will submit various dates for the MTAS work shop to the Board.

 

Engineer Woodroof stated that Florence and Hutcheson will be performing the engineering work for the Rocky Fork realignment. They will prepare the bid documents and will perform some inspections.

 

Counsel Notestine noted that the lawsuit of Moon vs. Nolensville and Moon vs. Alderman Curtsinger has been dropped by Mr. Moon. The town ordinance states that if a re-zoning request is turned down, the applicant may reapply after one year. It has almost been one year.

 

Mayor Lothers stated that she had met with Mr. Doug Hood, Williamson County Parks and Recreation Director, and he has agreed to construct a bathroom at the soccer field. Williamson County has agreed to comply with the town’s flood plain policy.

 

Eric Graubner is working on his Eagle Scout designation. He has chosen to work on a pedestrian bridge off of Rocky Fork Road.

 

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. Counsel Notestine noted that this is the first step in the ordinance process. Town Planner Laird noted that the first section would allow for the residential units and Section two establishes the conditions on the uses. He further noted that a correction should be made to make this totally accurate.

 

Alderman Dugger asked what the need or purpose is to add this use. Planner Laird stated that it is allowing this use in the Village similar to being allowed in Commercial Services. It allows for a business to be on the first floor with a residence on the second.

 

Mr. Alfred Bennett, from the audience, noted that the second floor had been requested, but the third floor was not needed. Alderman Curtsinger noted that buildings are only allowed to be 35’. It would be difficult to have a third floor in a structure this size. Planner Laird said that it was requested to be allowed in the Village area, and this is reflected in section one. Section two defines what exists currently in Commercial Services.

 

Alderman Curtsinger stated that he has a problem with “G”. This statement notes that it was approved by the Design Review Committee, but was not approved by the Planning Commission. He further stated that the sunshine law had been violated and the Design Review Committee should be a Commission. Mayor Lothers noted that she agrees with Alderman Curtsinger that the DRC is an advisory board not a Commission, the Design Review Committee hopes to support staff in the approved Design Review Standards within the ordinance. She further stated that she had investigated whether or not it was necessary to advertise every meeting since it was a committee not a Commission. It is an advisory committee to the Planning Commission, in making recommendations and not voting on a decision.

Alderman Alexander asked if the people in that area have been notified of the public hearing of ordinance 07-01. He suggested that this be done. Alderman Alexander noted that it states “must have sewer”, we all know they do not have sewer down town. Alderman Curtsinger stated that they could have an approved septic system. Alderman Dugger stated that it appeared the language should be changed. Planner Laird stated that the language is “approved sewer system”. He stated that this approval would come from the Environmental Department stating occupant has an approved sewage disposal system.

 

Mayor Lothers made a motion to amend by changing, “approved sewer system” to “approved sewage disposal system”. Additionally, change “G” to “Must be reviewed and recommended by Design Review Committee (in CS and V Districts) and Historic Zoning Commission (V District). Alderman Dugger seconded.

 

Alderman Curtsinger stated that he felt the Planning Commission should be noted. Mayor Lothers asked if it was the order in it which this section is listed that is confusing.

 

Alderman Thomas asked Alderman Curtsinger if he wanted it to state that “approved by the Planning Commission.” Alderman Curtsinger stated that is how it should read.

 

Mayor Lothers noted that the Historic Commission should be the step prior to the Planning Commission. Alderman Curtsinger stated that it all feeds into the site plan.

 

Ms. Betty Friedlander, from the audience, said that it does not necessarily have to come before the Historic Commission prior to the Planning Commission.

 

Alderman Dugger noted there appears to be many questions. Is there an urgency that this needs to be passed tonight? He asked if this could come back next month with the discussed changes. Planner Laird stated that he was unaware of any urgency. Alderman Alexander stated that there are two more months in the process. There is still more time. Mayor Lothers withdrew her motion to amend, Alderman Dugger withdrew the second. Mayor Lothers requested Town Planner Laird to bring back to the board next month.

 

Reading of resolution #07-01, a resolution to make application for TDOT Safe Routes to School Program. Alderman Thomas asked for a timeline. Mayor Lothers stated that the deadline is March 15. Alderman Thomas inquired to the number of grants that will be awarded. Planner Laird said that we can apply for up to $250,000 on a reimbursement basis. Planner Laird noted that the town will spell out the cost related to pedestrian and bike trails within the grant.

 

Alderman Curtsinger asked if this is approved will the town hire a grant writer. Mayor Lothers stated no, that Williamson County will be working with the town on this at no cost.

 

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

 

Other

 

Mayor Lothers noted that at the January meeting the board approved the listed Committees and Commissions that are in the minutes. This was the proper process of nominating Alderman Alexander as the designated Planning Commission member from the Board of Mayor and Aldermen. Although, Mayor Lothers stated that she wanted to honor Alderman Curtsingers earlier request of a nomination. Mayor Lothers stated that she would like to nominate Alderman Alexander; Alderman Curtsinger stated that he would like to nominate Alderman Thomas. Mayor Lothers made a motion to place Alderman Alexander on the Planning Commission, Alderman Dugger seconded. Mayor Lothers, Alderman Thomas, and Alderman Dugger for, Alderman Alexander abstained and Alderman Curtsinger voted against.

 

Counsel Notestine stated that at last months meeting the Board of Mayor and Aldermen approved Alderman Alexander and has met the requirements of the law.

 

Mayor Lothers asked that staff review the temporary sign permit and the time frame that a temporary sign is allowed. For example in the Historic area, businesses may have to wait thirty (30) days to appear before the Historic Commission. Technically, they are only allowed to have a temporary permit for two weeks.

 

Alderman Curtsinger noted that there is a question on the Board of Zoning Appeals in regards to a deck. Mayor Lothers noted that the applicant is reapplying and was advised if there is an active application the applicant is allowed to go through the process. Counsel Notestine stated that this applicant came before the BZA and has made application for a different request. The BZA has to review this independently and then the town will go from there. The BZA did decline a previous request, although this is a different request. Alderman Curtsinger stated that our ordinance states that you can not bring this back for a year. Counsel Notestine stated that Alderman Curtsinger needs to show this to him, because he has reviewed this and did not see that timeframe. Mayor Lothers stated that she must look to the town attorney for legal advice and this is the opinion that he has given to her. Alderman Dugger asked if there was any timeframe allotted. Engineer Woodroof stated that he sent the applicant a letter giving him a time in which to conform to the BZA decision. The applicant submitted a new application for a different variance request prior to the enforcement deadline.

 

Mayor Lothers made a motion to adjourn, Alderman Alexander seconded and this passed unanimously. The meeting was adjourned at 9:10 p.m.

 

Respectfully submitted, Approved,

 

 

 

Cindy Lancaster Beth Lothers

Town Recorder Mayor

 

Respectfully submitted, Approved,

 

 

 

Cindy Lancaster Beth Lothers

Town Recorder Mayor