Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: July 1, 2010, Time 7:00 p.m.
Nolensville Recreation Center
Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Tommy Dugger, Larry Felts, and Brian Snyder. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz, and Recorder Cindy Lancaster. There were 17 citizens present.
Stonebrook Baptist Church Pastor Dennis King led the prayer and Pledge.
Mr. Harold Shaffer, 2030 Williams Road, stated that the Town Hall building plan should be thrown out and start all over.
Alderman Snyder made a motion to approve the regular meeting minutes of June 3, 2010, Alderman Dugger seconded. With no additions or corrections, the minutes were approved unanimously.
Alderman Felts made a motion to approve the treasurer’s report for May 2010, Alderman Snyder seconded the motion. The vote was taken and this report was approved unanimously.
Chair Rick Owens reported for the Planning Commission
The Site Plan, with several conditions, was approved for McCord-Nolen Commercial Office Development
Mr. Don Swartz, Town Engineer, reported for the Engineering Department
Resurfacing bids for various roads will be published on July 9th
Chief Chris Bastin reported for the Nolensville Volunteer Fire Department
Chief Paul Rigsby reported for the Police Department
Written statistics will be forthcoming due to the first being today
Mr. Bill Camargo, with the Department of Defense, Employers Support Division, was in attendance to honor and recognize the Nolensville Board of Mayor and Aldermen for their support of Officer Ken Lee who is in Iraq serving the country in active duty. A plaque was given to Mayor Lothers with lapel pens given to the Aldermen. Additionally, a plaque was given to Chief Rigsby.
Mayor Lothers thanked Chief Rigsby and Officer Buckley for their hard work during the recent move of Town Hall.
Historic Commission Member Bob Crigger reported for the Historic Commission
Alderman Snyder reported for the Town Events Committee
Mayor Lothers noted Commissioner Brian Truman has resigned from his position due to his work schedule. This replacement will be forthcoming.
Alderman Snyder reported for this new committee. He stated that the first meeting was held yesterday. The main question raised, which initiated this Committee, is there an emergency plan in place. Alderman Snyder stated that training processes, coordination with schools, and various other issues are being reviewed. He added that hopefully within six months a presentation will be before the Board.
Safe Routes to School Grant Update
Mayor Lothers stated that there would be an official opening for this project forthcoming.
Town Hall Relocation
Mayor Lothers commended staff for their hard work in the relocation of Town Hall which is now occupying space in the Recreation Center.
There were no further updates.
Reading of Resolution 10-10, a resolution to authorize the Mayor to enter into a contract to purchase property for Town Hall
There was extensive discussion on this resolution with Alderman Dugger verbalizing discontent with the appraisal document.
Counsel Notestine went over the contract that was presented to the Board by the seller. Counsel Notestine noted the following on the contract with his recommendations:
Page 2 Seller’s attorney requested Chicago Title; Southern Land Title was previously suggested. Counsel Notestine noted that he is an owner of Southern Land Title and he would not be charging the Town for his company being the Title Company for this project.
2.2 Suggested that seller, at its expense, provide survey. Counsel noted that this would have to be changed in section 6.3 also.
3.1 A States that upon closing the seller must pay First Tennessee Bank $100,000. Counsel noted that it must be paid and the Town needs to have verification that this was done.
4.2 States that if there is any environmental documentation it must be presented to the Town.
5.1 A Due diligence period. Counsel noted that the Town is given 60 days to approve the purchase and perform any test that will be necessary to purchase the property. Counsel Notestine added that this is a “free look” period and is fairly common on commercial property. He stated that the Town must give notice prior to the 60 days, the contract could be stopped and the Town would obtain the $1,000 deposit.
6.1 B Seller added this section.
6.3 Counsel Notestine noted that the seller’s attorney, Mr. Tom Taylor, wanted to add “and payable” in the last sentence it states, “due and payable” he would like to remove this “payable”. Also, Chicago Title is mentioned. If the Board chooses Southern Land Title this would need to be changed.
6.5V Any costs associated with the deletion of the survey is referenced in 2.2 above. Also, in this section it addresses property tax.
7.2 This section gives the seller the same right as the buyer. If either defaults they can pursue action for damages.
Alderman Felts made a motion to approve with Counsel Notestine's recommended changes, in addition he stated that Mayor Lothers has the authority to negotiate on the issue regarding the 90 days from 60 days and make every effort to obtain Southern Land Title, but ultimately allow her to negotiate, Alderman Alexander seconded.
Counsel Notestine restated the amendments by sections:
2.1 Mayor Lothers has the flexibility and authority to negotiate Chicago Title or Southern Land Title
2.2 Seller will provide the survey
2.2 Seller will pay any fees and is to provide within 10 days
5.1 Mayor Lothers can negotiate 60 days to 90 days
6.1 Mayor Lothers has the authority to negotiate the split closing, with the seller closing in Franklin and the buyer closing in Nolensville
6.3 Remove the payable clause; in addition Mayor Lothers has the ability to negotiate Chicago Title and Southern Land Title. Roman numeral I and V are deleted on the buyers section.
There was discussion on the types of surveys. A TOPO survey was discussed at length. Alderman Dugger made a motion to amend by adding that a topographic contour survey with one foot intervals be provided, Alderman Felts seconded. Alderman Dugger then withdrew his motion, with Alderman Felts withdrawing his second.
Alderman Dugger restated his motion by adding that a topographic contour survey with one foot intervals be provided, along with a phase one environmental assessment, Alderman Felts seconded. The vote was taken and this amendment passed unanimously. The vote was then taken on the above amendment made initially by Alderman Felts, this amendment passed unanimously. Resolution #10-10 passed unanimously as amended.
Mayor Lothers announced the birth of Alderman Snyder’s daughter, Regan Harper born on June 18th.
The meeting adjourned at 9:02 p.m.
Respectfully submitted, Approved,
Cindy Lancaster Beth Lothers
Town Recorder Mayor