Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: February 3, 2011, Time 7:00 p.m.
Nolensville Recreation Center

Mayor Jimmy Alexander opened the meeting at 7:00 p.m.  Members present were Mayor Alexander, Aldermen Larry Felts, Beth Lothers, and Jason Patrick.  Alderman Brian Snyder was absent.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz, Public Works Supervisor Bob Hayes, and Recorder Cindy Lancaster.  There were 14 citizens present.

Pastor Matt Ballard with Southpointe Community Church led the prayer and Pledge.

Mayor Alexander ask that everyone keep the Bennett’s in your prayers.

Citizens Input:

With there being no Citizen Comment the meeting moved forward.

Alderman Felts made a motion to approve the minutes of the meeting on January 6, 2011, Mayor Alexander seconded.

Mayor Alexander stated that next to the last sentence on the first page of the minutes in the first paragraph under the portion of Vacancy Appointment, “Alderman Lothers welcomed Mr. Patrick to the Board.”  This was before the vote was taken, therefore would ask that this sentence be deleted.  Mayor Alexander asked for any other comments or corrections.  Alderman Lothers stated that she just gave the Board a sentence on the very last paragraph of page one,  where it talks about the clarification she had inquired to the Town Attorney if the Charter would allow for the Vice-Mayor position to be an annual position in case others could be considered in the future.  She added that was the only clarification that she had to be considered.  Mayor Alexander clarified with Alderman Lothers if she wanted to replace that sentence.  She stated yes, and read the correction as follows: “Alderman Lothers inquired of the Town Attorney if the Charter would allow the Vice-Mayor position to be an annual position in case others could be considered in the future.” 

Mayor Alexander noted that one other minor change on page one where it states, “Mayor Alexander stated that he plans to alternate this position and will do it a year from now.”  Mayor Alexander stated that he would like to change this to consider this position a year from now.  He noted that his purpose was a year from now he would like to consider someone else to be the Vice Mayor.  

Alderman Lothers made a motion to amend with the changes as presented, Mayor Alexander seconded, and the minutes were approved as amended. 

Alderman Lothers made a motion to approve the December 2010 Treasurers report, Mayor Alexander seconded and this report was approved unanimously.

COMMITTEE REPORTS:

Chair Rick Owens reported for the Planning Commission
 
* Officers were elected and approved as Chairman Rick Owens, Vice-Chairman Douglas Radley and Secretary Bob Haines
* Benington Phase IV, approved to be reduced to a Maintenance Bond, with Ballenger Farms Phase IV, Section 1, approved for a one-year extension and a reduction $9,572.50, with these changes the Bond Report was approved unanimously

Town Planner Henry Laird reported for the Planning Department

* Next Tuesday there will be meeting on a rendering of Town Hall

 Town Engineer Don Swartz reported for the Engineering Department

* Engineer Swartz noted there was no updates

Chief Chris Bastin reported for the Volunteer Fire Department

* The fund drive is on-going

Chief Paul Rigsby reported for the Police Department

* Attended Chief’s Association meeting
* Residential burglaries are on-going
* No written statistics were distributed, although would be forthcoming

Betty Friedlander reported for the Historic Commission

* Due to there being no business before this Commission, there was no report

Alderman Felts reported for the Emergency Planning Committee

* A meeting would be held in the next couple of weeks and a report would follow

Chair Suzie Lindsey reported for the Special Events Committee

* A meeting will be conducted at the end of this month in further preparation of the 4th of July Celebration
* Currently composing a budget to submit to Budget Committee

Mayor’s Report:
a. Miscellaneous Appointments

Mayor Alexander stated that appointments and placements are being reviewed and nominations will be made in the near future.

b. Other

Mayor Alexander noted that State Spot funding was approved for the proposed traffic signal on Nolensville and Sunset Road.

Mayor Alexander updated the Board stating that a meeting was held on January 27th, with Metro Water and Sewer, the Nolensville Board and residents in the Nolensville Historic area.  It produced a successful question and answer session.  He further stated that this has been an ongoing 3-year project and previous Mayor Beth Lothers should be commended on her hard work.

Mayor Alexander advised that there would be a Budget Committee meeting at 6:00 p.m. this Thursday, February 10th.

Alderman Patrick stated that the Economic Development Committee would meet at 4:30 p.m. tomorrow at Town Hall.  Lacey Beasley with the Shopping Center Group, who works with cities to assist in “shopping” themselves to businesses.  She will have a presentation for this Committee.  

First reading of Ordinance #11-01, an ordinance to amend Title 9, Chapter 1, of the Municipal Code in regards to solicitation permit

Alderman Lothers addressed the Board noting that she had submitted the changes that were discussed by the Board at last months meeting in a document with the staff and previous ordinance changes highlighted in different colors for easier reading and understanding.  She noted that the City of Franklin ordinance is very similar to this ordinance, although there are a few differences including one where they require a bond.  Alderman Lothers added that it appears that the City of Brentwood only permits charitable organizations to solicit and it appears that they require $1,000 bond.

Counsel Notestine addressed the question of solicitation being disallowed in the Town.  He stated that due to the County already permitting Transient Vendor’s it probably could not be disallowed.  He added that he was unaware of a city that did not allow solicitation.  Counsel Notestine added that the county currently has in place a system to perform background checks on solicitors and transient vendors.  Chief Rigsby stated that if the Town follows the county guidelines, he ask that to continue to require that they obtain a permit from Town Hall.

Alderman Felts stated that he was concerned about the 9-101 (3) a cost to the purchaser in excess of $10.

The physical description within Section 9-104, Sub-sections (1) through (12) was discussed at length with Chief Rigsby and the Board. 

Alderman Lothers made a motion to amend the following Sections within the ordinance:
Delete the following portion of Section 9-101 (3):

“and who does not sell or offer to sell any single item at a cost to the purchaser in excess of ten dollars ($10.00).”

Amend at the bottom of page 2 the Tennessee Code Annotation from 67-4-709 to 67-4-710

Amend Section 9-104. Application for permit.

Subsection (1) to read: Physical description of applicant.
Subsection (2) Complete name, permanent home address and local address of the applicant and permanent address of the business or organization the applicant represents.  In the case of transient merchants, the local address from which proposed sales will be made.

(7) A copy of a valid driver's license or state issued identification, including a government issued photo identification from each person who will be working or soliciting on behalf of the applicant within the corporate limits of the Town.

(9) At a minimum of the last city or town where applicant carried on business immediately preceding the date of application.

Mayor Alexander seconded.  The vote was taken on the amendment, and passed unanimously.

Alderman Felts made a motion to pass this ordinance as amended, Mayor Alexander seconded, and this was passed as amended unanimously.

Reading of Resolution 11-02, a resolution to approve a Taser Policy into the Nolensville Police Departments Standard Operating Procedure Manual

Alderman Patrick asked for clarification on Section 2 of the policy.  He stated that when he read the word “or” it implies that the Town doesn’t have to necessarily use other tactics before using the taser.  Counsel Notestine clarified that his interpretation is each of those acts the Officer will use their discretion.  It is at the Officers discretion when using the tazer.

After lengthy discussion Alderman Lothers made a motion to remove section (f) per Chief Rigsby recommendation, Alderman Felts seconded.  The vote was taken on the amendment and passed unanimously.

Alderman Felts made a motion to approve this resolution as amended, Mayor Alexander seconded, and this passed unanimously.

Other:

Alderman Lothers stated that she would like to bring a resolution before the Board that addresses floodplain issues; she added that is in process.

Alderman Patrick made a motion to adjourn, Alderman Felts seconded, the meeting adjourned at 8:23.

Respectfully submitted,                                  Approved,

 


Cindy Lancaster                                            Jimmy Alexander
Town Recorder                                              Mayor