TOWN OF NOLENSVILLE

BOARD OF MAYOR AND ALDERMEN MEETING

DATE: THURSDAY, DECEMBER 4, 2003 TIME: 7:00 P.M.

PLACE: NOLENSVILLE ELEMENTARY SCHOOL

Mayor Charles Knapper opened the meeting at 7:00. In attendance were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, and Gail Phillips. Also in attendance were Counsel Bob Notestine, Officers George Poss and Paul Rigsby, Town Engineer Rich Woodroof, Recorder Cindy Lancaster, and 51 public citizens.

Mayor Knapper stated that this evening we would have a moment of silence instead of the normal prayer for Alderman Joe Rositano who passed away this past week. Mayor Knapper then led the pledge.

Citizens Input:

Mayor Knapper noted there was a pad being circulated that will allow individuals to speak. He stated that a name and address should be placed on this sheet and this would be for input, although it would not be a question and answer session. He further noted that once the meeting began with the reading of the ordinances and resolutions comments from the audience would not be allowed.

 

Due to the pad continuing circulation, the Mayor asked the board if they could proceed with the agenda and then return to the citizen’s input once the names were retrieved. The board agreed.

 

Alderman Dugger made a motion to approve the minutes for the regular meeting of November 6, 2003, Alderman Phillips seconded this motion. The minutes were approved unanimously.

Alderman Felts made a motion to approve the minutes for the public hearing of November 18, 2003, Alderman Dugger seconded this motion. The minutes were approved unanimously.

Alderman Phillips made a motion to accept the Treasurers report, Alderman Felts seconded. Recorder Lancaster reported the general fund cash on hand as being $563,604.73, with cash disbursements being $21,000. State Street Aid cash on hand is $140,733.80. Recorder Lancaster noted the small cash disbursements and stated this figure would be much larger next month. The treasurer’s report was unanimously approved.

At this time Mayor Knapper received the names of the individuals that wished to speak and he commenced with the citizens input portion of the agenda.

Mr. Robert Jones made a comment in regards to misinformation. In July he realized he would be annexed and sent a letter to the Town. The town did not respond to his letter. There were several letters sent with no response. He is not satisfied with these actions and noted that Mr. Scott Porch had been hired as his attorney and would be here this evening.

Mr. Ted Behar stated that his concern was the annexation process. He was not notified of the meeting in July. There has been ample time to get information and answers to questions and concerns that were brought up at the public hearing. Further Mr. Behar stated that previously he felt that Nolensville would have his best interest in mind, although now he is feeling uncomfortable. Annexation is a small issue versus how growth is going to incur, in addition to sprawl and commercial growth. There is commercial growth on Nolensville Road and I am concerned about a 20-acre site being considered on Sam Donald Road for commercial. He asked the board not to take the easy way out and do not let Mr. Cates take 20 acres to develop commercial.

Mr. Brian Jones has thought about this annexation extensively. This is a “damn if you, damn if don’t” situation. Dobson property will be annexed and if his property is not annexed he will be dealing with two different governments on various issues. He ask the board to appoint someone from the newly annexed area, so they would have a voice.

Mr. J. Don Geary has a concern in regards to the buffer zone. If Nolensville takes everything up to Waller Road there won’t be a buffer zone, it will butt up to Brentwood. His concern was in regards to access road. A developer has purchased land behind his residence. He has given land to Williamson County and will not be giving any to Nolensville.

Mr. Bob Batts asked what happened to information that was previously given to the board. It was brought to the boards attention that the website was not current with information. This has not been rectified. Council minutes have been totally removed, with Planning Commission minutes only from January – September. The last sewer update was from July. I was told this would be corrected. As of today it is not updated. I would like to see certain provisions in place for firearms within the Town. There seems to be a lot of confusion on density. I would like to see annexation postponed until the seeds of doubt are removed.

Mr. Doug Ferguson stated that he was not going to sugarcoat anything. If people had input at the beginning this would not be happening. You say taxes are lower. Taxes are never lowered. Mr. Ferguson elaborated on Maxwell Lane and a six-foot drop off in front of his house. There has been no communication from this board to the citizens.

Mr. Porter Freeman stated that all the board wants is your money. It was a coward not to sign the questions and answers that were distributed. We will not benefit by being in Nolensville. All they want is to give our names to the State and get more money. These people want to be in Williamson County (indicating the audience).

Mr. Robert Jones introduced attorney Mr. Scott Porch. Mr. Porch stated that he was hoping this could be done with more open dialogue. The issue is the way this has been handled. I would like to ask the board to hold off on the vote tonight and wait 60 to 90 days. Form a committee with approximately 6 people, two from the newly annexed area, two from the already annexed area and two attorneys. This committee could review lot size and various other issues that is of their concern. He noted that there was mention that a seat was vacant on the board. He encouraged the board to select an individual that was in the proposed annexed area. He further stated that if an agreement were not reached he would have to proceed with legal action.

Commission/Committee Reports

Mr. Willis Wells Planning Commission member reported the following:

Betty Friedlander reported for the Historic Commission:

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

There was not a report for the Chamber of Commerce.

 

Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.

 

§ 7 building permits were issued.

§ 1 burn permit issued

§ 1 home occupancy

§ 5 inspections were made this month

 

There was no report submitted for the Police Department.

Mayor Knapper noted that the Public Works Department report was written and in the boards possession. He asked if there were any questions. The board did not have questions.

 

Mayor’s Comments:

The Comprehensive Plan is continuing to be revised by the Town Planner. He noted that a plan was currently in place, although it is being modified.

 

The Mayor stated that the MS4 Storm Water Committee is being formed. He explained that this is an unfunded federal mandate. The federal government has given standards to all counties and cities. These standards must be abided by and regulations must be followed.

 

Mayor Knapper updated the citizens and board on sewer that was being installed by Metro Water. He noted that the report he received stated they are currently planning to have flow on December 10. At that time they will begin disassembling the plant.

 

Mayor Knapper stated that ongoing negotiations have been in progress with Williamson Medical in regards to purchasing the Doctors office.

Mayor Knapper then called for a 10-minute recess.

The meeting re-convened at 8:00 p.m.

Mayor Knapper asked that John Lenderman, the web-site owner, to address the crowd in regards to the web site. John stated that this site was updated. He noted that he personally updated this site yesterday. Mr. Lenderman stated that the minutes were on the web site, although they had been moved to the “Administration” page.

Alderman Felts stated that he left in May and was gone until October. He knew everything that was going on in Nolensville due to the Tennessean Web-site. If he had any questions he would forward them to town hall.

Reading of Resolution #03-12, a resolution adopting a plan of service for the annexation of phase one by the Town of Nolensville. Counsel Notestine stated that one requirement is a Plan of Service must be approved by the Planning Commission and then adopted by the Board. Alderman Dugger noted that this is a resolution for the Plan of Service and not the ordinance for annexation. Alderman Felts made a motion to approve this resolution, Alderman Phillips seconded and this passed unanimously.

Reading of Resolution #03-13, a resolution adopting a plan of service for the annexation of phase two by the Town of Nolensville. Counsel Notestine stated that this again is the Plan of Service although for Phase II. Mayor Knapper made a motion to approve this resolution, Alderman Dugger seconded and this passed unanimously.

Second Reading of Ordinance #03-06, an ordinance to annex certain territory adjacent to and including sections of Brittain Lane, Nolensville Road, Maupin Road, Williams Road, Maxwell Lane, Sunset Road, Owen Road, Hyde Lane, Split Log Road, Sam Donald Road, Clovercroft Road and Waller Road, and to incorporate same within the corporate boundaries of the Town of Nolensville, Tennessee. Counsel Notestine stated that this is the larger proposed annexation area that has passed on first reading. Counsel further stated that development is coming with the sewer and the Town Of Nolensville has nothing to do with that increase in development due to sewer. He noted that it was the town’s motivation to bring planning and growth to a local level. The control the audience has is their influence on the commission and the board. A motion was made by Alderman Phillips to approve, and seconded by Alderman Felts. This ordinance passed on second reading unanimously.

 

Second Reading of Ordinance #03-07, an ordinance to annex certain territory adjacent to and including sections of Sam Donald Road and Clovercroft Road, and to incorporate same within the corporate boundaries of the town of Nolensville, Tennessee. Counsel Notestine noted that this is the second reading of this ordinance and this particular property was a requested annexation. Alderman Felts made a motion to pass this ordinance on second reading, Mayor Knapper seconded and this passed unanimously.

 

First Reading of Ordinance #03-08, an ordinance to amend the zoning ordinance #98-22, of the town of Nolensville, Tennessee. Counsel Notestine stated that this is an ordinance that zones the annexed property. The proposed zoning is Suburban Residential. Basically it will be zoned the same way it is currently zoned through the county. Alderman Dugger asked if this would be the zoning for the larger tract of annexed land? Counsel stated yes. Alderman Dugger then asked for clarification that if there is anything that does not conform to this zoning is it grandfathered? Counsel Notestine stated that it would be grandfathered if it were currently being used. Alderman Phillips made a motion to pass this ordinance on first reading, Alderman Dugger seconded and this passed unanimously.

 

First Reading of Ordinance #03-09, an ordinance to amend the zoning ordinance #98-22, of the town of Nolensville, Tennessee. Counsel noted that this is the proposed annexed area that will also be zoned Suburban Residential. Mayor Knapper made a motion to pass this ordinance on first reading, Alderman Felts seconded and this passed unanimously.

 

Mayor Knapper noted that several letters had been received and in 1999 the Urban Growth Boundary was passed by the State of Tennessee. Committees were formed and County Commissioner Lew Green was on that committee. He told the audience that he could assure them that he would do his very best not to change their way of life.

 

Alderman Dugger noted that he would like to encourage Mayor Knapper to select someone from the newly annexed area to fill the vacant seat on the board.

 

Mr. Geary (from the audience) requested that elections be for districts.

Alderman Phillips then made a motion to adjourn and Alderman Dugger seconded this motion. This passed unanimously and meeting adjourned at 8:30 P.M.

Respectfully submitted, Approved,

Cindy Lancaster Charles F. Knapper

Town Recorder Mayor