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Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: February 7, 2019 Time 7:00 p.m.
Nolensville Town Hall, 7218 Nolensville Road
Mayor Jimmy Alexander opened the meeting at 7:00 p.m. Board members present: Mayor Alexander, Aldermen Derek Adams, Tommy Dugger, Larry Felts, and Jason Patrick. Staff present: Town Engineer Don Swartz, Town Planner Sarah Sitterle, Counsel Bob Notestine, and Recorder Kali Mogul. Town Administrator Ken McLawhon was absent. There were 46 citizens present.
Alderman Jason Patrick led the prayer and the pledge of allegiance.
Mr. Robert Verell of 1271 Creekside Drive spoke in favor of the beer ordinance amendment on the agenda. He said the Town’s ordinance is outdated.
Mr. Chris Gruening of 3061 Ballenger Drive said he is in favor of amending the beer ordinance. He also expressed concern about the proposed planned unit development off Rocky Fork Road and the increased traffic through Ballenger Farms. Most of the neighbors are opposed to a connection between Ballenger Farms via Creekside Drive.
Mr. Bob Hatcher of 1010 Austin Court spoke in favor of amending the Town’s beer ordinance to change the food to beer ratio.
Mayor Alexander then moved to approve the minutes for the Board meeting of January 3rd, 2019, seconded by, seconded by Alderman Dugger. The motion passed unanimously.
Alderman Felts made a motion to approve the minutes for the Beer Board meeting of January 3rd, 2019, seconded by Alderman Patrick. Upon a vote, the approval passed unanimously.
Mayor Alexander made a motion to approve the Treasurer’s report through December 2018, seconded by Alderman Patrick and approved unanimously.
Town Planner Sarah Sitterle reported on behalf of the Planning Department and Planning Commission.
At the January 8th Planning Commission meeting, action was taken on the following items:
* Minor subdivision final plat at 2340 Newsom Lane, approved
* Final PUD Plan/Preliminary Plat for Scales Farmstead phase 3, approved
* Concept PUD Plan and rezoning for Brittain Downs East, approved
The Zoning Ordinance update is ongoing. Consultants will meet with the Design Review Committee this week. Alderman Adams asked about the empty lot at the McCord Nolen project. The developer is still working on a plan for the final building. Engineer Swartz clarified that ADA requirements dictate a smooth sidewalk surface. Stamped concrete is not allowed, so the sidewalk will be broom-finished.
Engineer Don Swartz reported that Sunset Road is on schedule. The contractor will refresh the double yellow center line. An engineering assistant was hired and started in the office this week. He will be assisting with engineering, erosion control and planning inspections.
Fire Chief Brian Moat presented his monthly report for calls, tallying 76 in January. Moat is currently in communication with developers who are illegally burning construction materials to avoid paying for dumpster service. Some of the materials are hazardous.
Police Chief Roddy Parker presented his monthly report, including criminal activity, stop data and crash totals. He also outlined the detective’s cases. Mayor Alexander called out the volunteer reserve hours and noted the departure of Detective Gillman, who is leaving for a position in the private sector. Finally, Parker announced the Girl Scouts will publicly reveal their work in the Police Department the coming Saturday from 2:00 p.m. – 4:00 p.m. A gallery of middle school students’ artwork will also be on display.
Alderman Patrick expressed his gratitude for the quick and professional response earlier in the week when his family was involved in a car accident.
Mr. Kyle Billingsley reported for the Public Works department. He began by thanking Mayor Alexander and Administrator McLawhon for the opportunity to help lead the department. Mayor Alexander said he was sad to lose Adam Malone. Mr. Billingsley provided details on new programs he has initiated: Flag certification, fall arrest training for the bucket truck, and a written fall protection program, which is required by OSHA. He has also devised a two-and-a-half-year sign replacement program with a detailed schedule for replacing 65 road signs that are deficient per the Manual on Uniform Traffic Control Devices. Finally, Billingsley set forth a future vision for the Public Works Department of additional services that might be offered, including concrete demolition and repair, snow plowing, small brush pick/disposal, and minor full-depth road repairs.
Ms. Betty Friedlander reported for the Historic Zoning Commission. A special meeting was held on January 22nd for a certificate of appropriateness for a wall sign at 7292 Nolensville Road. On January 31st, the Commission met again to approve a certificate of appropriateness for a temporary relocation of the Morton Brittain house to the Historic District to 9927 Sam Donald Court.
Ms. Suzanne Honeycutt reported for the Town Events Committee. Five new members have joined the committee. They have secured a band for the Star-Spangled Celebration, which is scheduled for June 29th. A contract with MTSU requires approval as well. Scheduling the event for June 29th was primarily a financial decision. Many of the vendors service larger events on July 4th. The committee is open to other suggestions on a date for the event.
There was no report for the Trees and Trails Committee.
Next, Mayor Alexander introduced the reading of Resolution 19-02, a resolution accepting the donation of two vehicles to the Nolensville Police Department from Nissan North America, Incorporated. Mr. Corey Moct of Nissan, and a resident of Nolensville, spoke on behalf of the company. Two brand new Nissan Armadas will be delivered to Town Hall in the next month. Mayor Alexander moved to approve the resolution, seconded by Alderman Felts and approved unanimously.
Chief Parker thanked Mr. Moct and Nissan and said the two Armadas will give the department a more professional image.
Mayor Alexander moved to approve Resolution 19-03, a resolution to enter into an agreement with Firehouse Subs Public Safety Foundation, Incorporated and accept grant funding for police equipment. Alderman Patrick seconded the motion, which passed unanimously.
Mayor Alexander made a motion to approve on first reading Ordinance 19-01, an ordinance of the Town of Nolensville, Tennessee amending budget ordinance #18-05 for fiscal year July 1, 2018 through June 30, 2019. Alderman Patrick seconded the motion. Upon a vote, the approval passed unanimously.
The Mayor moved to approve on first reading Ordinance 19-02, an ordinance to approve the Brittain Downs East master concept P.U.D. plan in Nolensville, Tennessee and rezone the property suburban residential with a P.U.D. overlay (SR/P.U.D.). Alderman Dugger seconded the motion. When the vote was called, the approval passed unanimously.
Next, Mayor Alexander introduced Ordinance 19-03, an ordinance to amend Title 4 Chapter 5 of the Nolensville Municipal Code pertaining to code of ethics. The ordinance currently prohibits the acceptance of gifts by staff and police officers. The amendment would allow a nominal gift of $25.00 to be accepted as a show of appreciation by the public. The mayor moved to approve Ordinance 19-03 on first reading, seconded by Alderman Adams. There was a brief discussion about the language in the amendment allowing $25.00 “per occasion.” Alderman Dugger asked whether a citizen could give a staff member $25.00 per day. Counsel Notestine pointed out a typographical error in the resolution. The mayor withdrew his motion, and Alderman Adams withdrew his second.
Alderman Patrick moved to approve Ordinance 19-03, an ordinance to amend Title 4 Chapter 5 of the Nolensville Municipal Code pertaining to code of ethics with a typographical correction under Section 1 item 3 to read “Not withstanding the provisions of this ordinance, an official or Town employee may accept a gift and/or gratuity not to exceed $25.00 per occasion as a sign of appreciation from the public.” Alderman Adams seconded the motion, which passed unanimously.
The Mayor introduced the first reading of Ordinance 19-04, an ordinance to amend Title 8 of the Nolensville Municipal Code pertaining to on-premises beer consumption. Alderman Adams moved to approve the ordinance on first reading, seconded by Alderman Dugger. Alderman Adams said the change would align with the State of Tennessee liquor laws and make Nolensville more competitive. The current ordinance is 20-years old and creates an extra hurdle for entrepreneurs. Mayor Alexander pointed out that none of the restaurants in Nolensville reported selling less than 90% food on their annual sales statement. Alderman Adams questioned the intent of the 65% food requirement. A lengthy discussion ensued about Nolensville’s competitiveness in the restaurant market. Adams argued that Brothers has a monopoly on an “experience” allowing diners to watch a football or basketball game. Debate continued for and against amending the ordinance. Adams contended that his campaign was based on challenging the beer ordinance and supports eliminating the food requirement altogether. Mayor Alexander called the question. Mayor Alexander and Alderman Felts voted in favor of ending the discussion, with Aldermen Adams, Dugger and Patrick against.
Alderman Adams maintained that the 65% food requirement presents an unnecessary risk to entrepreneurs in Nolensville. Alderman Dugger disagreed, pointing out Mr. Chris Going with Mill Creek Brewing Company as an example. Mr. Going approached the Town requesting an exception and an amendment to the code allowing him to operate a special type of business in the Town. Alderman Patrick argued that while he is open to more discussion, he preferred not to make an amendment for the sake of change. After continued deliberation, Mayor Alexander called for a vote. The motion failed, with Alderman Adams in favor; Mayor Alexander, and Aldermen Dugger, Felts and Patrick opposed.
Mayor Alexander moved to approve Resolution 19-04, a resolution setting regular quarterly workshop meetings of the Board of Mayor and Aldermen of the Town of Nolensville, Tennessee. The regular workshops will begin one hour prior to the BOMA meetings in March, June, September and December. Alderman Dugger seconded and requested an agenda be distributed in advance. The approval passed unanimously.
Mayor Alexander noted that 26 new residential permits were issued in January.
The Mayor adjourned the meeting at 9:02 p.m.