2004

Board of Mayor and Aldermen Regular Meeting,

Nolensville Elementary School

Thursday, December 2, 2004, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:04 p.m. Members present were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips and Frank Wilson. Counsel Robert Notestine, Police Chief Jeff Goforth, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 22 citizens present.

Mayor Knapper led the pledge and prayer.

Mayor Knapper asked if there were any citizens that had comments. Citizens Comments:

Ms. Kristi McArthur, 880 Dortch Lane, read a letter written by Beth Lathers of 304 Walpole Court. The letter was in support of the development submitted from CPS for the property known as Nolen Park (formerly known as Sheldon Park). She said that she was in favor of the new plan with the changes that were discussed at a meeting with various citizens of Nolensville.

Ms. Cindy Arnold, 878 Dortch Lane, noted she has been opposed to this development, although, with the amended plan she is for Nolen Park.

Mayor Knapper thanked the audience for their comments.

Alderman Wilson made a motion to approve the minutes from November 4, 2004,

Alderman Dugger seconded. Alderman Dugger noted three typographical errors on page seven. He noted, “benefited”, and “stated” were misspelled. With these changes the minutes were approved unanimously.

Alderman Dugger made a motion to approve the treasurer’s report, Alderman Felts seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $579,074.77, with cash disbursements being $31,000. State Street Aid cash on hand was $140,007.25 with total cash on hand being $719,083.02. The treasurer’s report was unanimously approved.

Mr. Bob Haines Planning Commission Member reported the following:

• Ballenger Farms was discussed and Phase II was approved.
• Workshop held for CPS development
• Sunset Road development was discussed with some concerns being lack of entrances, Owen Road connection, and the impact on the intersection at Nolensville and Sunset Roads
• Concord Road was briefly discussed
• Mayor Knapper stated that he had extended an offer to Mrs. Kristie McArthur to serve on the Planning Commission and she has accepted this position.

Betty Friedlander reported for the Historic Commission:

• Submitted names of Commission members to the Mayor
• Will begin working on grants for the Historic area

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• New Assistant Fire Chief is G.T. Sanford
• Delivery of new fire truck is anticipated for April

• Noted the worse month for fires is December
• Have not heard from FEMA grant
• Mayor Knapper noted that he had met with Congresswoman Marsha Blackburn and she suggested to contact Melissa Miller in the Franklin office in regards to assistance with the gran

Mayor Knapper reported for the Chamber of Commerce.

• No report submitted

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

• 12 building permits were issued
• 26 “other” permits were issued
• 54 inspections performed
• Met with Bill Terry and Don Swart to discuss potential development
• Rolling Hills and Dortch have been paved
• Phase I, Section I of Haley Industrial Park has been recorded

Chief Jeff Goforth reported for the Police Department.

• Stated a written report had been submitted to the board and asked if any member had questions.
• Noted that COPS grant has not been turned down
• Noted that he had spoke to Melissa Miller in Marsha Blackburn’s office in regards to grant

Lonnie Bowden, Director of Public Works reported for the Public Works

• Stated a written report was submitted to the board

Mayor Knapper noted that the City Hall Committee would reconvene after the first of the year.

Mayor Knapper’s report:

Mayor Knapper noted that Ms. Tara Brock was at the meeting last month in regards to a drainage and water concern. He stated that Rich Woodroof has gotten a bid on this work. Mayor Knapper noted that he had received notice that there would be a public hearing for a development at Burkitt Road on the Williamson – Davidson County line.

Counsel Notestine reported on the various lawsuits. He noted that any current litigation is bogged down due to the holidays and one Judge having back surgery. He noted that depositions for the previous Town Planner, the Mayor, the Town Recorder and himself would be forthcoming.

Public Hearing for the Storm Water Regulations Ordinance #04-17, opened at 7:30. Town Engineer Rich Woodroof stated that the Storm Water sections in the current zoning ordinance would be removed and replaced with its “own” document. He noted that with the federal standards Mill Creek has pollutants and it must be monitored.

Citizens were then asked for any comments. There were no comments.

Public Hearing was closed at 7:31.

Mayor Knapper then requested the board to move forward on the agenda for second reading of the Storm Water Ordinance #04-17. The board unanimously agreed.

Alderman Phillips made a motion to approve this ordinance on second reading, Alderman Dugger seconded and this passed unanimously.

Second reading of Ordinance #04-16, an ordinance to amend zoning ordinance #04-09, an ordinance to approve a concept plan for a PUD overlay formerly known as Sheldon Park and now known as Nolen Park. Counsel Notestine described the process and noted this would be final reading. Alderman Felts made a motion to approve, Alderman Wilson seconded and the floor was opened for discussion.

Alderman Dugger stated that we need to look at some amendments that various citizens have been involved. Mayor Knapper then asked Alderman-elect Mr. Jimmy Alexander to share his input after Mr. Dudley Smith, due to his previous involvement with the citizens group.

Mr. Dudley Smith stated his name and address as being 1221 Clifty Drive in Brentwood and I am a partner with CPS Land. We have over the past four or five months tried to develop a plan formerly called Sheldon and now Nolen Park. We have discussed several changes to the plan that the neighborhood was in support of and at this point we would be happy to accommodate these changes. As you remember the existing plan has 77 lots 1.8 units per acre, minimum square footage 11,000. I won’t go into the particulars of the plan, but basic issues were there was connection at Rolling Hills and there was open space strip behind the existing homes on Dortch Lane. At our last neighborhood meeting their discussion was to extend these lot lines back to the common property lot and making these lots a minimum of 20,000 square feet. This is in our revised plan. The other thing that we would do is to eliminate the access through Rolling Hills Drive as far as it being a public street. Make it a 10-foot wide asphalt paved pedestrian and emergency access between Nolen Park and Rolling Hills Drive. He stated it could be like this (showed a picture). It could be gated or whatever the emergency department feels that would be best. We could work that detail out. This plan has a maximum of 77 lots with 1.8 units per acre. It would have to have 30% open space. If that means we would have to lose a lot, then we have to lose a lot. We are willing to make these two changes.

Another change we wanted to consider would be to on the old plan there was one park. In looking at the plan and the larger trees that we would like to preserve, is to break the one park into two parks. That would give us a greater chance to preserve the larger trees, we ran this by the last neighborhood meeting, and I think everyone was in support of this plan. We think it’s a better plan and the Planning Commission would have the opportunity to review it at final plat. The conditions would be lots backing up to existing Stonebrook Subdivision have 20,000 square foot or greater minimum lot size 11,000 square feet. The emergency access only and pedestrian connection 10 foot wide would connect these two communities. Explore the opportunity for the park to be broken into two parks. I will be happy to answer any questions.

Alderman Phillips asked that the fire chief have input in regards to the access into Rolling Hills so that it would be feasible for emergencies.

Chief Hughes stated that provided the department could access the gate. Mr. Smith stated that a system could be worked out so that it could be simple. The Chief stated that they would prefer not breaking into something.

Police Chief Goforth noted that he has somewhat of a different perspective due to patrolling. It would be much easier for his department to get through to each subdivision if there was not a gate.

Alderman Felts noted that he had a concern in regards to buses and the buffer between the developments. Mr. Smith noted that eventually there would be access to Oldham Drive. Alderman Felts asked if the buffer would still be there. Mr. Smith stated that it would not. Mr. Felts asked if this area would be cleaned out. Mr. Smith stated that it would be and this is what the citizens wanted.

Mr. Alexander stated that he couldn’t add much more other than the people with concerns were contacted and Mr. Smith had done a good job working with the citizens and addressing their concerns.

Rich Woodroof, Town Engineer, stated that he and Town Planner, Bill Terry, felt that Rolling Hills should interconnect. He stated further that he could not understand why there would be more traffic through Rolling Hills.

Alderman Dugger stated that his concerns previously was Rolling Hills and the traffic. Although he did agree with Rich now and could there be enough stubbed off in order for in the future to have this connect at a later date?

Mr. Smith clarified by stating – You are saying provide right of way so that in the future if the city felt that if they needed to connect the road they would have the ability to do that? Alderman Dugger stated yes. Mr. Smith asked if the city would be willing to allow that as their open space. Mr. Smith stated that if this could be done, they could do that. Mayor Knapper stated that we have had recommendations from the citizens, counsel and consultants. The Mayor asked if this is a minor or major change. Counsel Notestine stated that it is kind of subjective. At first he viewed it as a major change, as I am looking at it – it is the same boundary line. It is taking common area and making it a yard. Apparently this is what most of the neighbors want. In the subdivision regulations it says that whenever possible there should be two ways in and two ways out. Counsel Notestine further stated that the wording was with this is “whenever possible”. If the connection were made at Oldham then this would be done. He further noted that on second reading the board has the authority to change the plan and do what it wants. Traditionally in Nolensville it has gone back to the Planning Commission. Nolensville does this, although it is not required to do so. Other cities do not send it back to their Planning Commission. The question is does this board have the authority to make this change without going back to the Planning Commission. The answer is yes. Rich stated that he felt losing a connection is teetering on a “major change”. Alderman Dugger asked if this board has the power to close roads. Counsel stated that it does. Alderman Dugger stated that it depends on the definition of being a minor or major change. Counsel stated that he is not a planner. He noted that the right of way for the future could be done. He further noted that it would go back to the Planning Commission for a preliminary plat. He stated that once this is approved it sets the framework up for the developer. If you don’t have a road it in now, you will not have a road in the future. Alderman Wilson stated that initially the Planning Commission approved the concept plan with that road stubbed out for one egress and ingress. It was agreed that this is what the Planning Commission originally approved. It was further noted that all of that died and then it was started over.

Mr. Smith asked if they would allow that section to be counted “open space”. Would you give us the permission and the ability to count that as open space? It would be right of way reservation presently being held as open space.

Rich stated that he did not feel that was the definition of open space.

Mayor Knapper stated if that was done he felt that would be a “major change” and would have to be returned to the Planning Commission for their recommendation. He noted that he was o.k. with stubbing it out as Alderman Dugger had suggested.

Mr. Smith stated that this may be inserted into the covenant restrictions. Mayor Knapper made a motion to approve this plan with nine amendments.

1. All homes have a minimum three sides brick three sides painted – hardy plank ___________ 2. Lots backing to existing Stonebrook Subdivision shall be equal to or greater than 20,000 square feet 3. Any front entry garage house shall have the garage door recessed a minimum of three foot behind the main front façade or have the garage door setback a minimum of 30’ from the right of way. 4. Driveway shall be a 12-foot maximum with the right of way and be screened with landscaping along the side 5. Developers shall construct a southbound turn lane onto Nolensville Road into the project. 6. Minimum lot size is 11,000 square feet 7. Emergency access only road connection will be constructed to the existing Rolling Hills Drive 8. A large park area may be split into two park areas so that large existing trees can be saved. This change would be reviewed by the Planning Commission at final PUD 9. Developer will provide for restricted covenants that in the event the Town requests a 50’ right of way to Rolling Hills, it will be gifted by the homeowners association to the Town of Nolensville at no cost. 10. Emergency access only road connection will be constructed to the existing Rolling Hills Drive with consultation with the Police Chief and Fire Chief as how it is gated. Alderman Wilson seconded this amendment. This was approved unanimously. The vote was then taken on the motion/approval ordinance #04-16 as amended. Alderman Dugger stated that he had a question in regards to the 50-foot right of way, how do you vision it looking?

Mr. Smith stated that this would be a fifty-foot wide open space and it would be an exhibit as part of the restricted covenants and would go into detail what a 50’ public right of way easement gift would look like and that would be part of the covenants. It would be an exhibit. We will do right of way radius turns on it and go ahead and document what that would look like.

Alderman Dugger, would it be kept up by the homeowners association? Mr. Smith stated that the homeowners association would maintain it. It gives you flexibility.

Chief Hughes stated that he has a concern of the ten-foot entrance in regards to a fire truck making that turn. Mr. Smith stated that they could flare that walkway and have their engineer design that. He asked the chief the turning radius on the truck. Chief Hughes stated that his minimum was 30 foot. Mr. Smith stated that his engineers could design that to accommodate the 30-foot radius.

The vote was then taken on the approval of Ordinance #04-16. This ordinance passed unanimously as amended.

First Reading of Ordinance #04-18, an ordinance to amend zoning ordinance #04-09.

Counsel Notestine briefly went over this ordinance. Mayor Knapper noted that the Planning Commission had approved these changes. Alderman Wilson made a motion to approve this ordinance, Alderman Phillips seconded and this was approved unanimously.

Reading of Resolution #04-12, a resolution to enter into an interlocal agreement with Williamson County. Rich noted that this is an interlocal agreement that is no cost to the city. This is an agreement to exchange information between the two entities in regards to mapping. Alderman Felts made a motion to pass this resolution, Alderman Phillips seconded and this passed unanimously.

Reading of Resolution #04-13, a resolution to extend Mr. Bill Terry and Associates to serve as Town Planning Consultant. Counsel Notestine stated that this is an agreement that will renew Mr. Terry’s agreement for six months. Alderman Wilson made a motion to approve this resolution, Alderman Felts seconded and this passed unanimously.

Other: Alderman Dugger asked if a sprinkler workshop had been planned? Mayor stated that it has not been scheduled. He will review his schedule for dates. Fire Chief Hughes asked the board to attend a “field trip” on December 9, 13, or 18? They would be going to Pleasant View to view development and meet with their governing body. This would take about ½ day. Mayor Knapper stated that he would have to check his calendar and get back with him.

Mayor Knapper read a thank-you note from Mrs. Raylene King thanking the board for their support during Breast Cancer Survivor month.

Alderman Phillips thanked the board, staff and citizens. She encouraged everyone to get involved. Mayor Knapper thanked Alderman Phillips and Wilson for their outstanding service. He then presented them with a reception and gift certificate. Alderman Wilson thanked the mayor for allowing him to serve.

Mayor Knapper adjourned the meeting at 8:35 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                       Charles F. Knapper

Town Recorder                         Mayor

Nolensville Town Hall

Thursday, November 4, 2004, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:00 p.m. Members present were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips and Frank Wilson. Counsel Robert Notestine, Police Chief Jeff Goforth, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 57 citizens present.

Alderman Wilson led the pledge and prayer.

Mayor Knapper then noted there was a handout distributed in conducting a meeting. He asked the board to reaffirm the rules and the board agreed unanimously. Mayor Knapper noted that personal attacks will not be tolerated.

Ms. Carla Ediger read a letter that had been sent by Dr. James Clark of 921 Oldham Drive. This letter is in opposition of the sprinkler ordinance and is attached to the minutes.

Mr. Aubrey Short, 803 Rockwood Drive, distributed a handout. He noted that he was one of the eleven members on the committee to incorporate. He read an e-mail that had been sent to the board and noted that he had not received a response from this e-mail.

Mr. Phillip Tuck, 812 Alec Court, thanked the Board for serving. He noted that their job was to act on what the people wanted. He noted that the Sheldon Park pulled the “wool” over their eyes. He noted that Nolensville was even made “fun of” in the paper. Sheldon Park had said they went from 120 to 77 homes, but an ordinance was passed to ½ acre. Traffic is an issue. People will be using the subdivision to get to Nolensville Road. We don’t need any more PUD’s in Nolensville. People want a higher quality of life. He stated that he wished Joe Rossi was here. He asked that this be deferred.

Ms. Cindy Arnold, 878 Dortch Lane, stated that she knew when she bought here there would be a possibility of growth. All she wants is the same ½ acre lots. She ask the board to look at the recent election results, this would confirm what the people want. The county is zoned 1.8 she asked the board to research this. She further stated that she is aware that the public hearing and final reading is tonight. She ask that the board defer second reading and digest the public input. She further noted that in regards to TDOT’s meeting and with the new additional subdivisions, the infrastructure is not in place to accommodate the automobiles.

Mayor Knapper stated that this is not second reading for the Sheldon Park ordinance. He stated that in TDOT’s discussion they were referring to 840 to Nashville.

Ms. Tara Brock, 806 Stonebrook Boulevard, stated that she has a water flow problem and concern. She noted that she has lived her most of her life and have had water problems before, but never as bad. Flooding was in the garage. The culverts were cleaned once before and the flow was better. She noted that creek beside her home, which the town engineer called a ditch, had 5 foot of water. Mayor Knapper noted that this has been brought to the town’s attention and the town engineer and attorney will be discussing this in the near future. He further noted that there is private property issue and this will be reviewed.

Mr. Chuck Fann, 2176 Kidd Road, stated that at the last meeting real estate agents were in attendance and he was uncertain of their motivation. He stated that in the past he has spoken out on this ordinance. He stated that he is a resident and a real estate agent and he can sell a house anywhere, but Nolensville will get a stigma. He stated that he commended Chief Hughes, but thinks it should be a suggestion not a requirement. Dr. Ted Behar, 9868 Sam Donald Road, stated that he thought what was important to view in this ordinance is the method, timing and motive of this process. Why is being decided now after 22 months of deliberation? The timing, two days ago the public chose who they wanted to lead their government. Is this a public desire or a special interest desire? The people will be watching tonight. The public has spoken, will you be listening?

Dr. Joe Curtsinger, 7380 Nolensville Road, noted that he is one of the Aldermen-elect and would like to reiterate his stand on the sprinkler ordinance. He noted that Aubrey Short and Ted Behar stated his concerns.

Ms. Kristie McArthur, 880 Dortch Lane, thanked everyone for having workshops on the OSD’s and PUD’s. She stated that she is opposed to these developments. She knew the intent was to offer diversity. With Ballenger Farms and Bent Creek the diversity is being offered. Please consider this when Sheldon Park comes up for second reading. She noted that the new plan is improved compared to the first. She ask that the board keep the sprinkler ordinance in OSD’s and PUD’s. She further stated that she has more invested in this town other than her home. She has family. Preserve the rural character of this town.

Mr. John Sheely, Executive Director of Home Builders Association, stated that there is no national code that requires sprinkler’s in residential. He noted that the article in today’s paper about water damages. Water claims are a big deal now for homeowners. He further noted that there were 469 false calls in Franklin for fire sprinklers. He noted this was during a time when winter was not “bad”. When the false calls are being answered during an ice storm the fire department will be pulled from a real emergency to answer a false call.

Ms. Laura Doyle, 860 Dortch Lane, noted that she bought here because of the ½ acre lot. She encouraged CPS to give them a better plan. Nolensville residents want ½ acre lots. She stated that an entrance into Rolling Hills will be a hazard. Please make construction entrance on Nolensville Road. Please represent us and give ½ acre lots.

Mr. Dean Doyle, 866 Dortch Lane, Nolensville is a wonderful place to come home to. This is a great bedroom community except from the entrance into Nolensville. CPS knows if they build, people will come. The roads will only become more crowded. How many hours of traffic will you allow us to sit in? I ask you to represent us now. Do not allow traffic into Dortch and Rolling Hills.

Mayor Knapper thanked the audience for their comments.

Alderman Phillips made a motion to approve the minutes from October 7, 2004, Alderman Dugger seconded. These minutes were approved unanimously.

Alderman Felts made a motion to approve the treasurer’s report, Alderman Wilson seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $529,163.51, with cash disbursements being $52,000. State Street Aid cash on hand was $132,672.77 with total cash on hand being $661,836.28. The treasurer’s report was unanimously approved.

Mr. Willis Wells Planning Commission Chairman reported the following:

• Noted that the information was before the board in minutes form and asked if they had any questions.
• Road design recommendation for Bent Creek was 35 MPH
• Several revisions to zoning ordinance
• Sprinkler ordinance was discussed with a great deal of diversity
• Storm water ordinance was passed unanimously
• Bent Creek covenants were passed unanimously
• Bond report was approved

Betty Friedlander reported for the Historic Commission:

• Will meet to discuss TDOT grant

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Fire Prevention Month was last month
• One member has completed paramedic program
• Two members have completed rookie school
• Have a certified CPR Instructor
• Have not heard from FEMA grant

Mayor Knapper reported for the Chamber of Commerce.

• No report submitted

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

• 7 building permits were issued
• 50 inspections performed
• Don is back working with the Town of Nolensville
• Attended several TDOT meetings in regards to Sheldon Park and Bent Creek
• China Garden has opened
• Storm Water quality is being monitored

Chief Jeff Goforth reported for the Police Department.

• Stated a written report had been submitted to the board and asked if any memberhad questions.
• Noted that COPS grant has not been turned down.

Lonnie Bowden, Director of Public Works reported for the Public Works

• Stated a written report will be submitted to the board

Joe Curtsinger reported for the City Hall Committee noting that this is still being pursued.

Mayor Knapper noted that we need to get busy on this.

Mayor Knapper’s report: Mayor Knapper noted that he had met with TDOT in regards to widening Nolensville Road. He noted that a period of five to ten years for road construction is very normal.

He noted that TDOT has become more consumer friendly.

Counsel Notestine reported on the various lawsuits. He noted that any litigation pending he would not be able to comment, although in one lawsuit a couple has dismissed their case. He noted that it was assumed there would be a court date for the interlocal agreement with Brentwood, although this has not been done as of this date.

Mayor Knapper noted that the Capital Improvements Budget would be presented with the new board.

Fischbach and Associates has recommended the extension of Sam Donald to Clovercroft Road. The Planning Commission recommended 35 MPH and this is going to be represented to the Planning Commission requesting 30 MPH.

Mayor Knapper then asked for a recess at 8:10.

The meeting was reconvened at 8:26.

Public Hearing for Zoning Ordinance Amendment #04-16 opened at 8:27.

Mr. Jimmy Alexander, 1010 Dortch Lane, stated that he is Alderman-elect and he attended the first and last meeting with CPS. He stated that Mr. Dudley Smith had one a good job. During his campaign people were clear that they did not want PUD’s or OSD’s. The elections show that the people want ½ acre lots. At some place we need to draw the line in the sand and stop the OSD’s and PUD’s.

Mr. Aubrey Short, stated that he had gone through various files during the incorporation committee. He noted the visions at that time were to keep the small town atmosphere, keep the small town feel and be responsive to the people. He noted that he had not been involved for the past four years, although feels that the vision has been lost. He further stated that Nolensville does not need anymore PUD’s.

Dr. Ted Behar stated that he sees a contrast in the way the developers are moving. He has seen other developers come into town and bully the public. These developers have listened to the neighbors thoughts.

Ms. Cindy Arnold spoke on green space. She stated that her concern was the responsibility of the upkeep in addition to any illegal activity in the park area. She does not feel that this will be a safe environment for the children. She did recognize that the town needs a senior community and diversity. The people have spoken and they want lower density.

Ms. Darlene Irvin, 7190 Nolensville Road, stated that she commended the Board for their hard work. Over the last 31 years there has been many changes in Nolensville. She remembered when Newt McCord had a farm where the Stonebrook subdivision resides. The tunnel vision is taking over. She ask that everyone look at the advantages of this development. She further stated that the current residents are doing exactly what the residents of Nolensville did years ago when Stonebrook was being developed. We wanted larger lots. We are excited about this development and would like for you to approve Sheldon Park.

Dr. Joe Curtsinger, would like to back the words of Jimmie Alexander. He stated that they went from door to door and one jumped out and said they wanted Sheldon Park. He further noted that the Pulte subdivision will have front end garages and other things that within the current zoning will not be allowed.

Ms. Kristie McArthur, stated that since the first meeting she has gotten back lashed that she did not want Nolensville to grow. Well you can exhale, I know Nolensville is going to grow. People need to understand the piece of land is very unique and we have enough high density now. Please do not approve this.

Mr. John Lenderman, 222 Norfolk Lane, stated with the current zoning CPS could build the 118 homes that was previously proposed. CPS has listened and reduced this number due to the citizens request. You will have larger homes, a park area, side walks and curbed roads. You have a well thought out development. I encourage you to approve this ordinance.

Kelly Taylor, 898 Dortch Lane, noted that he continually asked his realtor if the property (proposed Sheldon Park) would be developed and if so would it be less than ½ acre. The realtor assured him that it would not. This town has plenty of land to have larger lots. If you want a larger home get a larger lot.

Ms. Beth Loathers, 304 Walpole Court, I love my neighbors and I love my town. We have 1,000 homes coming in. Please listen to the people we want ½ acre lots. The public hearing closed at 9:15.

Second reading of Ordinance #04-13, an ordinance to amend the zoning ordinance 04-09. Counsel briefly described this ordinance noting that this was changes that had been recommended by Bill Terry.

Alderman Wilson made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously.

First reading of ordinance #04-17, an ordinance to adopt a Storm Water ordinance for the Town of Nolensville. Town Engineer Rich Woodroof noted that this is an ordinance that has been mandated by the Federal Government. Alderman Phillips made a motion to approve, Alderman Dugger seconded and this passed unanimously.

First reading of ordinance #04-15, an ordinance to amend the sprinkler ordinance #04-02. Counsel Notestine noted that this is an amendment and not an original ordinance. Alderman Dugger made a motion to approve this ordinance, Alderman Wilson seconded.

The floor was then opened for comments.

Chief Hughes addressed the board noting that Dr. Clark had raised questions that were answered in February. Mr. Sheley brought the same issues back up. There is a National Standard NFPA. Eighty two percent of fire deaths occur in residential. Every home in Pleasantview has to have a sprinkler system. We took 22 months to pass an ordinance. These changes came to me 9 days before the first reading. The question is why now? Why are we rushing to pass an ordinance now? Why 4,500 square feet. We do not have homes over 4,500 square feet. It was never devised for a revenue maker. It was devised for life safety. Why wasn’t the fire department contacted? I offered my assistance on two occasions and haven’t heard anything. The Mayor said we want to pass a well thought out ordinance.

The writer of the ordinance said it was a good ordinance to begin with. The Chief quoted the Mayor stating on several issues noting that it is a revenue generator, but there are not very many homes that are that size. Growth should pay for the additional infrastructure not the current residents. The department just purchased a truck for $382,000. He noted there are 28 volunteers. The Mayor obtained quotes for installation of $ .87 per square foot. Last month an issue was raised in regards to mold. The article that was presented said nothing about a sprinkler. The new ordinance does not enhance life safety. A fire wall does not protect the people inside the building. Maintenance of a sprinkler system is tested three times the pressure as plumbing.

Currently the National Fire Sprinkler Association is trying to pass a residential fire sprinkler system. All sprinklers must pass UL.

The Chief addressed the audience and the board with the following statements and questions: No facts from the fire department has been rebutted. Why are they making these changes? Is there a possible conflict of interest? The fire department was never consulted. The volunteers get no compensation.

The Chief ask that the board show their support by declining this ordinance. Alderman Dugger stated that he would like to present an amendment. He sated that the Chief stressed life safety. His proposal will give the homebuyers an option of paying $ .80 per square foot or the sprinkler system. The eighty cents will be placed in a fund for the fire department. The department will be able to obtain state of the art equipment. This will be life safety for everyone in Nolensville, not just new residents. This is a winwin situation for everyone. Alderman Dugger stated that he had conferred with Counsel today and he has researched this proposal.

Alderman Dugger then stated that he would like to address some of the issues brought up by the Chief. The chief had asked if anyone benefitted from this ordinance. Alderman Dugger stated that he did not know of anyone that benefitted. Mayor Knapper stated that the Planning Commission had recommended the road and Dr. Curtsinger had made a motion to have the road.

Alderman Dugger further stated that the chief had asked if it was improper to not include the chief. Alderman Dugger stated no. It may have not been the right decision, but it is not improper.

The Chief had also asked if anyone would benefit financially. Alderman Dugger stated that with the first ordinance there would be a financial gain from the sprinkler companies, with Alderman Dugger’s proposal only the town citizen’s and fire department would benefit. The Chief further had asked if any individual benefitted from the ordinance. Alderman Dugger stated not to his knowledge, but if anyone would like to discuss it, he would be more than happy to after the meeting.

Alderman Felts stated that all of this has been heard in the past. He would like to ask that this be deferred until the new board takes effect in January.

Mayor Knapper stated that he agreed and there has been a lot of input tonight. He stated that initially he felt this board should deal with this ordinance due to the length of time the board had worked previously on this issue. Although, now he would have to agree with Alderman Felts.

Alderman Wilson made a motion to postpone this reading until January, Alderman Phillips seconded and this passed unanimously.

Alderman Dugger withdrew his motion to approve this ordinance, Alderman Wilson withdrew his second.

Mayor Knapper noted that the Planning Commission would not be meeting on the 11th of November due to the observation of Veterans day. The Planning Commission will meet the following Thursday, November 18. Mayor Knapper congratulated the new Aldermen elect.

Alderman Dugger asked where are we on the paving? Rich Woodroof stated that he had met with Sessions Paving to paving next week. Alderman Dugger further stated that due to discussion of altering minutes he would like to make sure that the tapes are in a secure place.

Mayor Knapper adjourned the meeting at 10:09 p.m.

Respectfully submitted, Approved, Cindy Lancaster Charles F. Knapper Town Recorder Mayor

Nolensville Town Hall

Thursday, October 7, 2004, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:02 p.m. Members present were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips and Frank Wilson. Counsel Robert Notestine, Police Chief Jeff Goforth, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 55 citizens present.

Mayor Knapper noted that there were changes in the agenda and requested a suspension of rules in order to move an item on the agenda. This was approved by acclamation.

Mayor Knapper led the pledge and prayer.

Mayor Knapper then noted that a note pad was being passed around for the citizens input section. Alderman Dugger retrieved this pad and the citizens input was initiated. Citizens Comments:

Ms. Pat Cantrell, Real Estate Agent, stated that she did not feel the sprinkler ordinance was a plus. She further stated that she has never seen this type of ordinance other than in Florida, condominiums and commercial. She stated that she is for the increase in square footage.

Ms. Debbie Coleman, Real Estate Agent, stated that she agreed with Ms. Cantrell and you are only increasing the value of the home to the buyer.

Ms. Virginia Douglas, Real Estate Agent, stated that she has been in business for 38 years and this is not a plus factor for her industry. She stated that people are not going to want a sprinkler system in their homes. It will handicap in the selling of property. Ms. Brenda Jackson, Real Estate Agent, stated that this ordinance would be negative. The fire department will be overworked in false calls. The cost will not be a benefit to the buyer or seller.

Dr. James Clark, 921 Oldham Drive, stated that a resident should not be made to have a sprinkler system. He said that he would like to see sidewalls and not show favoritism.

Mr. Larry Gardner, 2536 York Road, would like to see the board address the schools in regards to the “name”. This is a new school and it is in the process of being named by the county. Mr. Gardner further stated that he would like to see the sprinkler remain in OSD’s and PUD’s.

Dr. Joe Curtsinger, 7380 Nolensville Road, there are a couple of different issues I want to address tonight and to speak about. The concept plan on Sheldon Park. It did not pass unanimously through the Planning Commission and I think it presents a model for the rest of the development that comes along. I feel the Planning Commission may have pushed this along too much with so many considerations given. I think when a developer comes it ought to be just like a term paper that is handed in to a teacher. You don’t leave the bibliography off and say I’ll turn it in next week. Well you’ll hear a flunk for that. When developers come in and say you know we haven’t talked to TDOT about what we want the road. We haven’t talked about a traffic impact study, it’s coming and this and that. I think your going to get a concept plan for Sheldon Park you need to look at these things that are pending, especially the covenants.

The second part I want to talk about is doesn’t really involve the sprinkler system, but the process. I think the thing coming back to the floor tonight puts credibility issues on our Board of Mayor and Aldermen. They have worked for two years through meeting after meeting and if you attended everything that is talked about tonight was taken into consideration and it was passed. The thing is they are bringing back tonight looking at the political time and where things are I think it needs to be revealed. First of all the person who brought it back to the floor is not an elected official. He was appointed to fill a term.

The person who brought it to the floor also brought it up there without bringing to the open floor. He did not take advantage of the processes that we have by taking it to the Planning Commission to be discussed at workshops, etc. It was thrown in yall’s lap tonight for first reading. Everything else that really matters, always has to go to an open forum, discussions, and workshops. I think it is important to look at the person who brought it to the floor. The person was quoted in the paper this morning and I’ll read it here. It says, the ordinance that we passed was good, but I think this could make for a better ordinance. I’m not doing it for the homebuilders and I’m not doing it for the city, I am doing it for the people of Nolensville. This was quoted by Frank Wilson the Alderman which would raise the sprinkler system on file. The next thing that comes out of his mouth, anytime you have a sprinkler system in a building somewhere, sometime, it is going to malfunction. Maybe not for the first person, or second person, but maybe the third who is going to be stuck with a maintenance problem. Why does he bring it back to the floor, when he voted against it – he said it was a good ordinance, but he also condemns it at the same time. I have done some research and I looked at the situation today in terms of Frank’s conflict of interest. I want you to know that he’s got a lot of money riding on this deal as long as C.K. Development moves forward. It’s important to know that there is two deals with easements and highways easements, etc. that are proposed to come across his property. As of August and September, C.K. Development filed their own company known as Nolensville Residential Incorporated. They were very careful to get all their easements properly in place before the new properties across the street become aware of where the Bent Creek property will be. None of the easements however have been recorded that deal with Frank Wilson’s property as of this date at the Assessors Office, Registry Deed, etc. I have asked the water company and they said of course the easement was put, has to be there because Steve Cates built the water system going to Bent Creek. I ask you why that is not recorded anywhere in the courthouse especially with the amounts of money that is involved? The final things that you look with it all are the maps, the assessor’s office, what does this point to? Frank has a lot of money pending on this situation possibly. I am not saying for sure he does. But, I do not think he should bring this to the table. I think it should have been sponsored by someone else. I think that if you are going to talk about it he should recuse himself of all this particularly because of the ordinance that is proposed by Mr. Wilson gives Bent Creek the ability to waive the sprinkler system. This is after Mr. Cates has gone to the Fire Department and offered them money or equipment to get out of it. He has also approached our town officials to get out of it. Be very careful, listen to what he says and you’ll support Frank to recuse himself and I think you’ll question why is this coming back to the floor?

Mr. John Sheley, Executive Vice-President Homebuilders Association, initiated his discussion on the National Code. He noted that insurance plays a role in this ordinance with people turning in claims in regards to water coverage. He distributed several handouts to the board and noted that in the entire code none are required to have sprinklers. He told the board that they had adopted the code and he would like to see them stick to the code.

Ms. Ann McKnight, noted she lives in Nashville and is a builder with Westview Homes.

She stated that she was against the sprinkler ordinance. She said that her homes are provided with fire alarms.

Mr. John Montgomery, Franklin builder with Newmark. He stated that he is very excited about building in Nolensville, but he is very opposed to the sprinkler requirement. He stated that he has never had a customer ask for a sprinkler system. In preparing for this evening he contacted his counsel and asked for their opinion. He stated that he was discouraged to learn that his company may not be able to build in Nolensville.

Mr. Steve Cates, Mr. Mayor I have some comments that I would like to address the comments that were made earlier by Mr. Cutsinger to me. I thought they were highly inappropriate and false and I will start with those if I may. He said that Mr. Cates had offered the fire department money. Mr. Cates has not spoken with the fire department one time, not one time, that’s false. Secondly, he said that Mr. Cates was involved with

Mr. Wilson financially. The situation is I was forced by Mr. Cutsinger and the Planning Commission to consider building a road across Mr. Wilson’s farm. Mr. Wilson and his wife do not want to sell their property. They are doing it to benefit the town. Mr. Cutsinger told me after a Planning Commission meeting that if I didn’t force the Wilson’s to sell it to me that he would see to it that my project personally defeated. Mr. Cutsinger, I believe, is running for the Board of Alderman. I think that speaks for itself. I have never had anyone make up things in a public meeting like that. I am an honest man and that is wrong. After all this is America, people deserve a choice, people shouldn’t be forced to put a sprinkler system in their home, particularly when it is not safe and has problems. C.K. Development through this project will invest more than 240 million dollars in your community. I think we should have a say in what happens with the homes in our neighborhood. We have put a 12 inch waterline all the way down Nolensville Road, which changes the water pressure in your city. You did not have adequate water pressure until we did that. In addition, Mr. Sheley has spoke if you have six feet between homes that is equivalent to one-hour firewall. I have designed and developed communities all across America and I have never encountered anything like this. I would like for you to consider the facts, consider the people that are speaking, and what their agenda is and consider what’s right for the community and what’s right for the value of Nolensville. We want to give you first rate product and first rate builders, but we have got to be very careful that we don’t force people to do things that are going to impact their values and keep them from building here. Then we wind up getting homes that we can’t be proud of. We are also doing another project that will be in Nolensville. The homes will be much more valuable than this and they do not desire sprinklers either. Thank you.

Ms. Leigh Rankin, 504 Mer Rouge Court, I would like to encourage you to not base your decision on a financial basis. I feel you need to defer this to the fire chief.

Mr. Billy Allred, with James Hardie Builders, stated that the Cates development is going to brick and hardy plank. When vinyl catches fire it burns rapidly.

Mr. Eric Bently with Funenberry Homes, stated that they were excited to come to Nolensville to build homes. With the sprinkler ordinance buyers will not buy it and therefore we’ll only build homes up to the allowed square footage.

Ms. Cindy Arnold, 878 Dortch Lane, stated that the surveys said that 73% disagree with the OSD and PUD’s. The Sheldon Park concept plan was approved with 25% front-end garages. She would like to see that all garages must be side entry, 30 feet between homes, no entrance between Rolling Hills, construction entrance on Nolensville Road, change the name from Sheldon Park, and no high density. She further stated that she agree with the builders and developers on the sprinkler ordinance. Additionally she agreed with Dr. Curtsinger that Mr. Wilson should recuse himself.

Ms. Peggy Young, stated that she is not yet a resident, although is viewing this area to call home. She read about the sprinkler ordinance and her daughter has allergies and mold is a large issue. Please make it an option.

Mr. Presley Hughes, Fire Chief, stated that there is clarification that needs to be made. The Fire Department was approached to purchase fire equipment versus the sprinkler system. The waterline that C.K. Development has put in has nothing do with the water pressure. Everyone that has spoken tonight, except two, did not live in Nolensville. Alderman Dugger made a motion to approve the minutes from September 2, 2004, Alderman Felts seconded. These minutes were approved unanimously, with Alderman

Phillips recusing herself, due to her absence last month.

Alderman Felts made a motion to approve the treasurer’s report, Alderman Phillips seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $525,090.90, with cash disbursements being $47,000. State Street Aid cash on hand was $125,266.28 with total cash on hand being $650,357.18. The treasurer’s report was unanimously approved.

Mr. Willis Wells Planning Commission Chairman reported the following:

• Noted that the information was before the board and asked if they had any questions.
• Mayor Knapper noted that the Planning Commission had been meeting for six
• years and they did the survey. The Planning Commission has been acting upon
• the survey.

Betty Friedlander reported for the Historic Commission:

• The Hazard Waste and Computer Waste will be on October 30, 8:30 –2

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Fire Prevention Week was this week. Educational programs for children have been ongoing.
• Quarterly report was distributed at workshop.
• Have not heard from FEMA grant.

Mayor Knapper reported for the Chamber of Commerce.

• Will meet Tuesday at 6:30 at Methodist Church

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

• 8 building permits were issued
• 1 building addition
• 11 mechanical permits were issued
• 8 plumbing permits were issued
• 39 inspections were performed
• MS4 Annual report was submitted

Chief Jeff Goforth reported for the Police Department.

• Stated a written report had been submitted to the board and asked if any member had questions.
• Noted that COPS grant has not been turned down.

Lonnie Bowden, Director of Public Works reported for the Public Works

• Stated a written report had been submitted to the board and asked if any member had questions.

It was noted that the town has surplus property. In order to liquidate this property the board must approve. Mayor Knapper made a motion to liquidate the property, Alderman Felts seconded and this passed unanimously.

Mayor Knapper reported for the City Hall Committee noting that this is still being actively pursued.

Mayor Knapper’s report: Mayor Knapper read a proclamation for Breast Cancer Awareness. He then presented this proclamation to Ms. Raylene King. She thanked the board and audience. Mayor Knapper noted that Town Hall had contacted TDOT to review Nolensville Road.

The department has indicated that at the end of October or first of November a public meeting will be held.

Mayor Knapper noted that he had met with the Assistant Director of Williamson County Recreation and Nolensville is still on the agenda. Nolensville has been tentatively set for a new building in 2005-06 fiscal year. There will be a meeting with Williamson County in the near future to look at various sites.

The Planning Commission will be seeing many additions and amendments to the zoning Ordinance in the near future.

Counsel Notestine reported on the various lawsuits. He noted that he will be arguing a case in front of the Supreme Court tomorrow that deals with fines. He stated that the Tennessee Municipal League is very interested in this case due to the outcome affecting all Tennessee Municipalities.

Mr. Notestine noted that the two annexation cases are pending and are in the settlement stage. He noted that the interlocal agreement with Brentwood has a court date of October 18, 2004.

Mayor Knapper noted that the capital improvements budget is being deferred due to ongoing changes. Mayor Knapper stated that two large landowners have approached the town for a friendly annexation.

Engineers with Fischbach will meet to see which plan best meets the needs of the town and will be brought before the board.

Mayor Knapper stated that he had requested the hiring of a Building Inspector and Planner. He stated that during the process he has determined that he cannot hire a Planner for $30,000. He requested from the board to increase the Planner to $42,000 to $48,000 and the Inspector up to $35,000. Alderman Phillips made a motion to give the Mayor leverage to go up to $50,000 for the Planner and $35,000 for the Inspector total packages, Alderman Wilson seconded and this passed unanimously.

Public Hearing for Zoning Ordinance #04-13 opened at 8:07. Counsel Notestine stated that this is a zoning amendment and was recommended by the Town Planner Bill Terry.

There was no comments from the audience. The Public Hearing closed at 8:10.

Reading of Resolution #04-09, a Resolution amending the Town of Nolensville Personnel Policy and Procedure. Counsel Notestine stated that this amendment is to bring the Police Department in line with the FLSA. It allows a police officer to work 42 ¾ hour per week before overtime is paid. Alderman Felts made a motion to approve, Mayor Knapper seconded and this passed unanimously.

Reading of Resolution # 04-10, a resolution to submit an application to the Tennessee Department of Transportation for assistance in the construction of an industrial highway. Counsel stated that this is making a grant application to the state to construct a road into the industrial park. Mayor Knapper stated that this is a grant and does not require repayment. Alderman Dugger asked if there was any investment for the town. Mayor Knapper stated that he did not think there was, but he would verify. Alderman Phillips made a motion to approve, Alderman Wilson seconded and this resolution passed unanimously.

Resolution #04-11 was deferred.

Ordinance #04-14 was deferred.

First Reading of Ordinance #04-16, an ordinance to approve a concept plan for a planned unit development overlay known as the Sheldon Park. Mayor Knapper made a motion to pass this ordinance, Alderman Felts seconded. Mr. Dudley Smith spoke on Sheldon Park. He noted the name will change and we have not come up with that name, although, we want to keep with the historic Nolensville. Mr. Smith did a slide presentation indicating the density. He noted there are 77 town homes and 41 single family homes with a total of 118 units, that is 2.74 units per acre based on the town’s current zoning. He noted there were three comments of concern made previously. One was the access into Rolling Hills Drive, another 30% open space, and another density. Currently he has acquired an option to purchase three acres to have access to Nolensville Road. The layout was redesigned for a park and 30% open space. Alderman Phillips asked about the housing backing up to Alec Court. He said that there is a minimum buffer of 30’ and it goes to 100’. Alderman Dugger asked for clarification – you really wouldn’t be coming before the Board of Mayor and Aldermen if you went with the existing zoning that would allow 118? Mr. Smith said that is correct.

Mayor Knapper noted that this project is subject to various conditions that include TDOT approval, covenants and several other conditions listed in the ordinance itself. Alderman Dugger asked if Rolling Hills Drive would be coming a major thoroughfare? Mr. Smith said that interconnectivity is important for safety and emergency services. Mayor Knapper said that he thought most of the traffic would come out on Nolensville Road. Alderman Dugger stated that you mentioned underground utility, is this all utilities? Mr. Smith stated yes. Alderman Dugger stated that the picture does not show driveways. Mr. Smith said there are driveways; they are hidden in that picture. Alderman Dugger asked how long will it be until we get TDOT’s recommendation. It was noted that there would be a preliminary meeting before the next meeting. Mayor Knapper asked that when it goes to TDOT we would like to have a representative attend that meeting.

Alderman Dugger made a motion to amend to add turning lanes onto Nolensville Road as a required condition, Alderman Phillips seconded and this passed unanimously. The vote was then taken to pass this ordinance as amended. This ordinance passed unanimously.

First Reading of Ordinance #04-15, an ordinance requiring the installation of automatic fire sprinkler systems within the corporate limits.

Alderman Felts made a motion to defer for one month and hold a workshop to discuss this further. Alderman Phillips seconded and this passed unanimously.

Counsel Notestine stated that this is a proposed amendment and at the workshop square footage will be discussed.

There were comments made tonight about the sponsor of this bill, there are other people that will step up to the plate and sponsor this bill in November.

Alderman Dugger noted that this amendment was discussed at a workshop previously. It was nothing Mr. Wilson thought up on his own. It was discussed at a workshop, which is opened to the public.

Fire Chief Presley Hughes stated that the fire department is independent. He stated that some statements were made tonight and everyone that was not from Nolensville is here for financial gain. One builder stated that no matter what you set as a threshold he’s going to come under it. If you set 4,000 square feet he’s coming in at 3,999. Mayor Knapper stated that counsel is advising that points are being argued. He asked the Chief to make his comments. He said that one individual said that sprinklers are not safe. Chief Hughes stated that he would like for him to come back and clarify this statement. Tennessee is twice the National average. Mayor Knapper stated that these are points that can be brought up at a later time. Mayor Knapper stated that this is first reading. There will be a second reading and you’ll have time for citizen’s comments. You will have opportunities to present these issues. Mayor Knapper noted that the board is in the middle of a vote and he wanted the Chief to speak, although he did not want to get into a debate. Chief Hughes stated that they had not been invited to a meeting to discuss this. Mayor Knapper asked Chief if he was through with his comments. Chief stated that he guessed he was going to be. The vote was then taken to defer this ordinance, this passed unanimously. Chief Hughes and Assistant Chief Jason Jones asked if Jason could speak. Mayor Knapper stated that the rules were handed out at the beginning and the rules are not going to be violated. Assistant Chief Jones continued to debate. Mayor Knapper adjourned the meeting at 9:05 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                Charles F. Knapper

Town Recorder                  Mayor

Nolensville Town Hall Thursday, September 2, 2004, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:05 p.m. Members present were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, and Frank Wilson. Alderman Gail Phillips was absent. Counsel Robert Notestine, Police Chief Jeff Goforth and Recorder Cindy Lancaster. There were 16 citizens present.

Alderman Dugger led the pledge and prayer.

Guest speaker Daniel Spann with Fischbach Transportation was asked to speak to the crowd about alternatives in regards to the Bent Creek Development. He stated that the plan has three issues that consist of Clovercroft Road, Sam Donald Road and a connection and/or cul-de-sac for Sam Donald and Clovercroft. He noted that the map he was using was an overlay that is a design element.

Alderman Felts stated that he still had concerns with the Sam Donald cul-de-sac and the Ebenezer Church. He noted that he thought this had previously been discussed to make Clovercroft a one-way street.

Alderman Wilson stated that from Clovercroft/King Street to Nolensville Road should be a two way street and make a one way on Clovercroft going west only.

Mr. Gardner, Planning Commission Member, noted that this map was not correct. He noted the cemetery road is missing.

Alderman Dugger noted that the map has an alternate road that shows a two-way road, he asked if this was their recommendation. Daniel stated yes that is their recommendation.

Planning Commission Chair Willis Wells stated that he was pleased to receive a thankyou for the Planning Commission’s efforts.

Alderman Dugger made a motion to approve the minutes from August 5 and 15, 2004, Alderman Felts seconded. It was noted that a typographical error was in the citizen’s comment section. It should be OSD versus OSP. These minutes were approved unanimously.

Alderman Felts made a motion to approve the treasurer’s report, Alderman Wilson seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $509,591.60, with cash disbursements being $105,000. It was noted that cash disbursements were excessive due to the annual police car payments. A breakdown of the disbursements were distributed to the board. The treasurer’s report was unanimously approved.

Mr. Willis Wells Planning Commission Chairman reported the following:

• Alderman Felts had expressed concern about the Waggoner Property and the lack of the town’s involvement.
• Phase I of Bent Creek was approved.
• Discussion of the covenants.
• Lot 43 in Bent Creek will have commercial building.
• Two-Way Car Wash was approved with several conditions.
• Zoning Ordinance was discussed with additions and deletions.
• Design Guidelines were deferred.
• Monthly bond report was discussed.

Betty Friedlander reported for the Historic Commission:

• The commission met last week to review a sign permit.

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Two people completed Fire Fighter School.
• Training Officer received certification.
• Fire Prevention week will be October 3 – 9.
• A county-wide Arson Team is being formed.
• Have not heard from FEMA grant.

Mayor Knapper reported for the Chamber of Commerce.

• No report this month.

Rich Woodroof, Town Engineer/Codes Official was not in attendance, although submitted a written report for the Codes Department.

Chief Jeff Goforth reported for the Police Department.

• Stated a written report had been submitted to the board and asked if any member had questions.
• Noted that both new cars are in service.

Lonnie Bowden, Director of Public Works was not in attendance, although submitted a written report for his department.

Mayor Knapper noted that the city hall committee is reviewing a site. This site is part of Ben Green’s property. Ms. Green said that she would be getting back to the Mayor by the end of the month.

The staff has worked hard on the survey and the tabulation has been completed. A Nolensville resident contacted the Mayor and stated that he is with MTSU and has a PHD in marketing and surveys. He offered the town assistance in conducting a phone survey.

Mayor Knapper responded that this would be good as long as there is no cost to the town.

Mayor Knapper noted that he has received several complaints in regards to the dangerous wrecks on Nolensville Road and the intersection at Autumn Oaks subdivision. Mayor Knapper has been told that this road will be widened to four lanes eventually.

Mayor Knapper has met with developers of the Waggoner property and we will await resolution to the annexation lawsuit.

Previously a required MS4 committee had been formed, although due to pending litigation this was delayed. Mayor Knapper stated that he is requesting the Board of

Mayor and Aldermen to be this committee until further notice. Counsel Notestine stated that he has been in negotiation with the pending lawsuits and one is in the process of being resolved. He noted that communication has assisted in resolving the majority of the issues.

Mr. Notestine further noted that currently there is a lawsuit in regards to traffic court. He noted the plaintiff in this case is Mr. Barrett and Ms. Cheatham. Mr. Herbison is their lawyer and he is disputing the court cost.

Counsel stated that Mr. King’s case will be argued in Supreme Court in the near future. Mayor Knapper stated that the town has spent in excess of $10,000 on these cases. Mayor Knapper asked the board to approve a full-time position for the Court Clerk. A wage report was distributed and the Mayor requested $22,000 plus benefits. Alderman Wilson made a motion to approve this position, Alderman Felts seconded. Alderman Dugger asked about employee insurance and payment. It was noted that the town paid for employee’s insurance, but employee must pay for any family coverage. This position was unanimously approved.

Mayor Knapper noted that a wage report had been distributed to the board that indicated various cities and town planner wages. He noted that there is going to be increased development throughout the town and a full-time planner is needed. Mayor Knapper made a motion to hire a planner for $30,000 (for total benefit and salary package), Alderman Wilson seconded. Alderman Dugger asked how many hours does Derek, the building inspector, work per week. Mayor Knapper stated that he works approximately 10 hours per week. The planner position was approved unanimously. Mayor Knapper noted that last month County Mayor Rogers Anderson and County Commissioner Houston Naron requested a tax reallocation. Mayor Knapper made a motion to pass a Resolution to allow for a reallocation of local option sales tax as requested by Williamson County. Alderman Wilson seconded. Alderman Felts stated that due to the town’s current financial status and the previous request by the Mayor to increase the number of town employees, he was not in favor of reallocation. Alderman Dugger stated that a “time limit” would have to be implemented if he voted for this resolution. He further noted that this is not what the county had requested. Alderman Wilson stated that he understands that schools are in need of funding, but the money is not there. He noted that after reviewing the Sunset Road requirements in regards to the possibly producing up to $500,000 for road improvements, this reallocation will not be feasible for the town. The vote was then taken with four votes against this resolution. Second reading of Ordinance #04-12, an ordinance to amend zoning ordinance #04-09. Counsel Notestine noted that this ordinance is outlining some provisions in regards to signs. He noted it addresses some OSD’s and floodways. Mayor Knapper made a motion to pass Ordinance #04-12 on second reading, Alderman Felts seconded. Counsel Notestine noted that the language in Section 3 states a 21-day waiting period. This waiting period is not necessary.

There was extensive discussion in regards to the sign recommendation by the Planning Commission. Mayor Knapper made a motion that this sentence should read, “This ordinance shall take affect immediately from the date of its final passage.”, in addition to removing the recommended change to Section 1.10.3. Alderman Dugger seconded and this passed unanimously. The vote for passage of Ordinance #04-12 passed as amended unanimously.

First reading of Ordinance #04-13, an ordinance to amend zoning ordinance #04-09.

Mayor Knapper went over recommened changes that were approved by the Planning Commission. Alderman Dugger asked why sections 1.6.0 and 1.7.0 were reserved? Counsel stated that this is common practice to reserve sections to be used at a later date.

Alderman Dugger asked about specifics in regards to Section 1.1.0. He asked for interpretation from Counsel. He gave an example if he were to improve his home – would a site plan have to be provided? It was noted by the Mayor that a professional “architectural” drawing did not have to be submitted, although a drawing outlining the location and footage of the improvement should be reviewed by staff. Alderman Felts made a motion to approve first reading of Ordinance #04-13, Mayor Knapper seconded and this passed unanimously.

First reading of Ordinance #04-14, an ordinance to amend Chapter 2, Section 5-206 of the Nolensville Municpal Code regarding Adequate Facilities Tax. Counsel Notestine stated that this ordinance would increase the tax to the maximum of $1.00 residential and $2.00 non-residential. Mayor Knapper noted that the county had imposed a traffic impact fee to absorb the impact of the traffic on Sunset Road. This fee is approximately $1,270 per home. Nolensville is merely trying to offset the infrastructure cost to the town. Alderman Dugger made a motion to pass this ordinance on first reading, Alderman Felts seconded and this passed unanimously.

Alderman Dugger stated that for approximately five or six months Rolling Hills Drive paving has been discussed. Counsel Notestine stated that a letter was sent giving a deadline, due to not having a copy Counsel did not recall the deadline date.

Alderman Dugger noted that there is grass growing in between the curb and pavement at various locations. He noted that eventually this will ruin the pavement. He would like to see public works work on this project the next time there is a slow point in that department.

Alderman Dugger asked if the inspector signs-off on the card attached to the building location? It was stated that the inspector normally signs off on the cards. Alderman Dugger stated that this is not being done.

Alderman Dugger made a motion to adjourn, Mayor Knapper seconded, this passed unanimously. The meeting adjourned at 9:00 p.m.

Respectfully submitted, Approved,

Cindy Lancaster               Charles F. Knapper

Town Recorder                  Mayor

MEETING DATE: THURSDAY, AUGUST 5, 2004

TIME: 7:00 P.M. PLACE: NOLENSVILLE ELEMENTARY SCHOOL

Vice-Mayor Tommy Dugger opened the meeting at 7:01. In attendance were Vice-Mayor Dugger, Aldermen Larry Felts, Gail Phillips, and Frank Wilson. Also in attendance were Counsel Bob Notestine, Town Engineer Richard Woodroof, Officer George Poss, Public Works Director Lonnie Bowden, Recorder Cindy Lancaster and 27 public citizens. Mayor Charles Knapper was absent.

Alderman Gail Phillips led the prayer and pledge.

Vice Mayor Dugger stated that Mayor Knapper was out of Town, therefore Vice-Mayor Dugger would preside.

Mr. J. R. Jones of Maxwell Lane stated that his group has allotted their time to Mr. Jones. He stated that they were the town’s neighbors and this (annexation) was forced upon the citizens last November. He stated they filed the lawsuit because they cared and not because they were enemies with the town. They had depositions on Tuesday and met with the attorneys afterwards and discovered a lot of information. He stated that some of this has “gotten out of hand”. They know they are not attorney’s and they want to quit arguing over trivial stuff. On April 10, Mr. Jones and Mr. Notestine sit side by side, and the judge studied the green book before him. He stated he had attended several meetings to get to know some of the board and educate himself. He has tried to approach the mayor several times and the Mayor has turned his back and walked away. He noted that the tractor was parked in a handicapped parking spot and this was a federal offense. He stated that the ODS’s and PUD’s are going to have great difficulty in selling to the public. He made an accusation towards Alderman Phillips and Recorder Lancaster in regards to not allowing him to have a survey. He stated that he was treated rudely.

Mr. Charles Lawson, York Road, asked the audience if they had noticed the lighting through Nolensville. He noted that he had mentioned lighting to the board approximately one year ago and now the lights have been installed from Brittain Lane to York Road. He thanked the board for their attention in this matter. Alderman Phillips made a motion to approve the minutes for the regular meeting of July 3, 2004; Aldermen Felts seconded this motion, and the motion was passed unanimously.

Recorder Lancaster stated that the General Fund cash on hand was $552,058.90, with cash disbursements being $58,000. State Street Aid cash on hand is $134,470.02 with a total cash on hand as being $686,528.92. Alderman Wilson made a motion to approve the treasurer’s report, Alderman Felts seconded this motion, and the motion was passed unanimously

Chair Willis Wells reported for the Planning Commission:

• Met July 8
• Bent Creek grading permit was issued
• Hayley Industrial was revised for preliminary plat approval
• Blue Bell Distribution submitted plans
• Final Plat of Bent Creek Phase I was tabled
• PUD was discussed
• The bond report was reviewed and stayed the same

Betty Friedlander reported for the Historic Commission:

• There was no report at this time

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department:

• Noted there was nothing new to report

There was no report for the Chamber of Commerce. Richard Woodroof reported for the Engineer/Codes Department:

• Attended the MS4 meeting
• County Storm Water Committee met this week
• Working on Website data
• Met with Mr. Klinnard who works for TDOT in regards to Nolensville Road through 840
• Met with SSOE Engineer in regards to York Road and cross drain
• Noted that Derek Beard has approved the Blue Bell drawings
• El Texano opened this month
• Attended a pre-construction meeting with Bent Creek

Alderman Dugger stated that citizens need to volunteer for the Storm Water Committee

Officer George Poss reported for the Police Department:

• 111 citations were written
• 19 reports were written
• Town has received two new police cars

Lonnie Bowden reported for the Public Works Department

• Apologized for the tractor being parked in handicap
• Thanked the board for the tractor
• Noted that he had spoken with Mr. Ladd with Middle Tennessee Electric to accomplish the installation of the lights throughout town.

Joe Curtsinger reported for the Acquisition Committee

• Met and agreed on architectural group
• Must acquire land first
• Discussions have begun on land possibilities

Vice-Mayor Dugger stated that he had attended a ground breaking for the new school and this will be a beautiful facility.

There will be a workshop for the Board of Mayor and Aldermen at 6:00 and the Planning Commission at 7:00 on August 24th.

The county tax proposal and storm water initiatives will be discussed.

He noted that results for the survey are being tabulated and will be completed in a couple of weeks.

The Public Hearing for Ordinance #04-12 was opened by Counsel Notestine. He noted that the agenda stated there will be a second reading for this ordinance and this is incorrect. Tonight there will only be a public hearing. Counsel noted that this is a public hearing that deals with signs and temporary usage, fewer homes per acre in regards to the density bonus and cut and fill in the flood way fringe area.

Dr. Ted Behar encouraged the board to pass this ordinance. He discussed keeping the buffers to protect existing homeowners and residents. He discussed preserving open space. He noted the increase of open space can be used to protect roadways to continue to see the beautiful trees.

Dr. Joe Curtsinger stated that it is important to consider the cut and fill. He stated that before passage please consider calculations in regards to cut and fill. He further stated that the OSD’s have been worked on for some time and would encourage the board to vote for it.

The public hearing for Ordinance #04-12 was then closed.

Alderman Felts apologized for not attending the school groundbreaking. Vice-Mayor Dugger made a motion to adjourn, Alderman Felts seconded and the meeting adjourned at 7:38 P.M.

Respectfully submitted, Approved,

Cindy Lancaster,                           Charles Knapper

Town Recorder                              Mayor

MEETING DATE: THURSDAY, JULY 3, 2004 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, Gail Phillips, and Frank Wilson. Also is attendance were Counsel Dave Ausbrooks, Dana Ausbrooks, Town Engineer Richard Woodroof, and 20 public citizens.

Mayor Knapper led the prayer and pledge.

Williamson County Mayor, Rogers Anderson and Commission Chairman, Houston Naron discussed with the Board of Mayor and Aldermen the resolution to authorize the county Mayor to enter into an interlocal agreement with the municipalities to redistribute the half of the one half percent sales tax increase that is not allocated for schools. Citizens Input:

Mr. Joe Curtsinger, 7380 Nolensville Rd, stated he is concerned about the density growth in this area. I think it became clear around April in Planning Commission Meeting that we were asked that we would consider a zero density growth bonus on the OSD’s overlays. I strongly urge we go forward with this proposal. I think it is the best way we can preserve Nolensville.

Mrs. Christie McAuthur, 88 Dortch Lane, stated she would like to suspend the Robert’s Rule of Order and move item thirteen (13) of the agenda, to item ten (10). There are parents here tonight, who have children in vacation bible school and need to be picked up by eight-thirty (8:30P.M.).

I would also like to thank you for giving us the opportunity to voice our feeling on the growth of Nolensville via the survey. I would also like to add that the survey be expedited as quickly as possible. People are asking daily about it. I think it is very important to the future of this town.

Mrs. Pat Aldred, 877 Stonebrook Blvd., stated there is a stop sign at Countryside Road, a majority of traffic that come up Norfolk to that sign, often rolls threw that one. I would request a traffic study and some tickets be given. Somebody paint stop on the road because they don’t read the stop sign.

Mayor Knapper stated this is at Countryside and Norfolk?

Mrs. Pat Aldred, 877 Stonebrook Blvd., stated it is at Countryside and Stonebrook, and Countryside and Norfolk. Ted Lothers, 304 Walpole Ct., showed the citizen a visual of the difference in a standard subdivision and an open space development.

Beth Lothers, 304 Walpole Ct., stated as all of you are aware, I wear many hats. I play many roles, whether it is parent, friend, or employee. The three roles that I play in this arena, first of all are learner, educator, I want people to understand the zoning ordinances through both sides and development issues and make up their minds what they think is best for Nolensville. I would not want the burden of speaking up and expressing what I think is best and have things change like I was the minority point of view. I found that the long-term residents that answered the survey of 1999 did discuss that they did not want a high-density subdivision. They also did request more open space. This is why the survey is important to explain the trade-off between the two concepts. In the citizen comment section a significant number of people said keep lots large. We’ve got to figure out what that means. An updated survey will help educate people about the trade-offs between open space and density. The updated survey is an opportunity for everyone to express their views. If there is a high turnout and the majority of Nolensville doesn’t want what I personally want, I will still have succeeded in my goal of informing and gathering input for town leaders.

My second hat that I wear is property owner. I purchased my home in McFarlin Woods grateful to own a little land, approximately ½ acre. When I saw the unfinished roads that would lead to future development, I assumed, like everyone I’ve spoken with, that development would continue on ½ acre lots. Greystone residents watched McFarlin Woods develop in the same pattern. It would seem that our assumptions were not baseless. The comprehensive plan draft states on page 2, item 2, under land uses and development the following:

Land that will be in the existing suburban development in the northerly part of Nolensville should be permitted to continue that established pattern of development.

With the approval of Ballanger Farms, which connects on to Cowan Drive, this pattern has been disrupted. Higher density, smaller lot sizes in exchange for open space. I appreciate the resolve of Alderman Dugger who has gone on the record that he would not approve another high density PUD or OSD that feeds in the existing subdivision.

My last hat is citizen. In raising questions and concerns about the higher density development proposed, I have sought to educate myself on these issues. I have attended every planning workshop presented since I began asking questions. As a citizen, I have to think beyond what I want linking up to my subdivision. All residents of Nolensville are my neighbors. It is a small town. What is built will be in all of our backyards. There are rural property owners that want greater, upper yards to screen their property. With the standard subdivision allowing for only 10% reserved open space this may not be enough for them. There may also be woodlands or rural landscapes that need to be preserved in their natural state. There is concern with (all development which is not connected to the) all development even that which is not connected to the existing subdivisions is ½ acre lots the house prices will soar and young families could no longer afford to move here. It is financial incentives for all developers exist for the highest density possible down to a 1/8 acre lot. Row after row of front load garages. I agree, I think Alderman Felts said it at a planning workshop that is not Nolensville. In researching OSD’s and PUD’S in other communities I am won over in preserving open spaces. In a lot of these developments referred to in literature in different communities are built on ½ acre lots. With our base zoning in the SR of 1.8 units per acre. When you apply the OSD’S and PUD’S overlays it is mathematically impossible to have all ½ acre lot.

In the last planning workshop, in conclusion. It seemed like a good compromise was reached for OSD-PUD development. Are we are going to keep that concept, this is a compromise? An exchange for greater open space 28%, 75% of the development lots would be 14,000 square feet. 25% of the development will actually be a minimum of lot size of 10,000 square feet. That’s a little bit smaller than this actually. With front-loaded garages on 1/3. According to my understanding the most recent discussions were all based on zero bonus density bonuses for developers. The reduction in density bonus is a no-brainer. People don’t want high density. What you’re voting on tonight will help lead the way for the planning workshop to continue on its path to try to come to some common ground for everybody. Please pass the zoning change first reading tonight. And in closing I appreciate the fact that our leaders, you have very difficult development decisions ahead of you and you will get pressure on all sides, including the developers and land owners. Please know that of greater value than my opinion you will have my prayers for wisdom in making those decisions. People have come to Carla and I because we have worked on the survey. We are trying to make this information less technical and more relatable.

Lee Rankin, 504 Mer Rouge Court, stated I have been a citizen of Nolensville for 5 years now and we love it here. My family moved here to get away from the traffic, crime and hectic lifestyle of the city. We moved here for good neighbors, and good schools, and close-knit community. We found all of those things. We moved here not to change Nolensville, but to become a part of Nolensville. My son Ben was filling out a questionnaire last year at school. One of the questions was, “What’s the best thing that happened in your life?” And his answer was “moving to Nolensville.” That is how much we love it here. Here he has a safe neighborhood where he can skate and ride his bike and have a wholesome all-American boy childhood. People know each other here; we can feel safe with our children playing outside knowing that everyone is looking out for each other. That is why I feel so strongly about what happens to this community I feel like I am fighting to protect my son’s childhood and our way of life. It has taken a while for me and other citizens of Nolensville to get involved in our local government and start coming to these meetings because we assumed that, as our elected officials, you had the same goals that we had. We assumed that you were governing our community in a way that we would. The approval, however, of Ballanger Farms and Bent Creek subdivisions leads us to discover that we don’t think that that’s the case. I hope that you approved these subdivisions because it’s what you thought we wanted. I hope that you never forget the fact that you represent us. I hope that you believe me when I tell you every one I have talked to is very unhappy with these subdivisions being approved. It is not what we want. I urge you tonight to survey the community before you make any further development decisions. I read in the Dispatch about the purpose and procedure of this meeting and the planning commission meeting and other meetings. Basically, there a few minutes set aside for the citizens to speak but there is never an open forum where we can ask a question and you actually give a response. I don’t understand how you can presume to know what we want if there is never a time for a discussion. I am urging you, please, survey the community so that you can intelligently represent us. If not, then I urge my fellow citizens to elect people who will take the time and effort to find out what we want. It has been reported that you promised to survey the citizens but we haven’t seen anything come up. The population of Nolensville has nearly doubled since the last survey was done. The last survey you only received 298 responses.

So you are acting on behalf of 298 people when the population now is over 3,000. That means you are basing your decisions on less than 10% of your current constituents. I’m also here to ask you to approve the Ordinance 04.11, the zero density bonus. I know that if it passes the lot sizes are still going to be small, but I feel like it’s a good first step in getting to where we want to end up. With the addition of just the 2 subdivisions that have been approved, Bent Creek and Ballanger Farms, the population of Nolensville could easily double. There is, I’m thinking, 1,200 more houses, at least 2 - 3 people per home. According to FBI statistics, crime rates between 2001 and 2002 in non-suburban counties, those areas with populations under 10,000 saw a drop in crime. But those areas with populations greater saw an increase in crime. Common sense tells us that the greater the population, the more frequent the incidents of crime. Along with the growing population you will have increased revenues and tax bases and I know that is a great thing for accounting people and city governments. But you also see increased crime, increased vandalism, drug use, burglaries, DUI offenses. You have increased environmental waste, destruction of our natural resources; you have increased traffic and demands on city services. You’ll see the destruction of our peaceful, close-knit community. You’ll see the destruction of my son’s belief that moving here was the best thing that happened to him. And I don’t understand why we would go that route. Thank you.

Carla Ediger, 309 Walpole Court, stated at the May 13 Planning Commission Meeting, we presented the Commissioners with a 138-signature petition requesting an immediate moratorium be placed on all PUD’s and OSD’s proposals pending further citizen review and input. We did not believe then that the recently proposed and approved high-density growth correctly portrays the citizenship’s vision for Nolensville. The Commissioners respectfully acknowledged our request and discussed it at length. During the discussion, many of the Commissioners recognized the sense of urgency surrounding this issue. It was determined that a moratorium was not the best method to accomplish our goal. Instead, James Clark made a motion to set the density bonus for PUD’s and OSD’s to zero percent. The motion was approved eight to one.

After this meeting, we were made aware of a 1999 Growth Planning Survey. 298 out of approximately 1,800 Nolensville resident responded to this survey. We analyzed the results of this survey to determine the questions that generated the strongest opinions positive or negative. The following questions generated strong concerns: C-2 Local residents should plan what type of growth and development should occur and where in the Nolensville area (93.6%

Agreed)

H-2 Retain its rural, small town character (85.9% Agreed)

A-2 Development of higher density subdivisions should be encouraged (76.5% Disagreed/ 228 out of 298 Disagree)

E-3 New residential subdivisions should be required to have parks, greenways, commons, amenity area, or other recreational facilities. (71.5% Agreed / 213 out of 298 Agree)

In addition to this analysis, Beth and I read all of the handwritten comments on these surveys. If we determined that we were in the minority, we were done with the matter. The 1999 survey comments, however, strengthened our resolve that high-density subdivisions were not the desire of Nolensville residents. We also recognized that the survey results presented a dilemma for the Town officials. Residents wanted to retain rural character (open space), but they wanted larger lots as well. Unfortunately, the 1999 survey didn’t have a question that addressed which of these two components, open space or larger lots, were the most important.

We wanted to be a part of the solution, so we volunteered to prepare a new survey addressing the current residential development questions faced by the Planning Commissions and the Board of Mayor and Aldermen. We attended several planning workshops and listened to the issues that were raised. To the best of our ability and with input from Town officials, we put together a thirteen-question survey and informational cover page about future residential development. We think it is important that this survey be published as soon as possible. Development is moving forward and the residents of Nolensville want to be included in the plans.

We see approval of a 0% density bonus for OSD’s and PUD’s tonight as the first step in the process to achieving a balanced trade-off between open space that retains the rural character of Nolensville and lot sizes that allow for increased architectural diversity and private property.

Thank you for this opportunity to express my viewpoint.

Jackie Fuqua, 1301 Countryside Road, stated my husband and I purchased our first house in 1988. It was a great little starter house in Antioch and we were thrilled to become homeowners. When our son Jake was born in 1994 we knew we needed something different in our house a new big yard for him to play in. We contacted a real estate agent and told her what we where looking for. We didn’t need a bigger house; we just wanted a bigger yard. You would not believe how difficult that was to find.

Everywhere she took me to look at had a big house on a small yard. It wasn’t until I saw an open house ad in Nolensville that we found our new home. We moved to Nolensville in 1995 when Jake was 15 months old. We have loved living here ever since. My husband and I both voted for incorporation when the topic came up, because we did not want to become another part of Brentwood. We moved to our current house on Countryside Road in 1999. Since moving here I have become very active in the PTO (here at Nolensville) , as well as the Greystone Homeowners Association. I feel that committee serve is important and I want to thank all of you for the jobs that you do for our committee. I feel badly that I have not become more involved or educated myself better on what was happening to our town. We all knew that growth was coming and when the sewer line was finished, “Look Out”. We know that developers have been eyeing us for sometime and that landowners will be approached with offers of big money. We cannot blame them for selling their land because if someone offered me a million dollars, I would take it too. The reason I speak before you now because of the proposed Shelton Park, it will be connected to Greystone E-state. I have no problems with houses be build there, my concern is the density proposed for that land. In my opinion that land should continue on like the Greystone Estate plan is. In other words, I think it should remain a standard subdivision zoning area with ½ acre lots.

This area is different from Ballenger Farms because the only way to get in and out of this area will be thru the Greystone Subdivision. It should continue the committee feels and setting that it is capitalized on. This company that is working with the PUD’S and OSD’S that you have develop, where a certain amount of land has to be open space. If we make them use the standard subdivision zoning instead of PUD’S or OSD’S, want they have to build the same number of houses with some bigger lots? I don’t have a problem with PUD’S or OSD’S as long s we don’t over use them. All I am asking is that we do not rush in making a decision about density issues. Once developers have been given the okay, that will be that and we will not be able to change things that happen. Please let us, the citizen of Nolensville, have a chance to look at and respond to the new survey before we make decision that will affect all of us.

Also I would like to say I agree with Pat, I live at the intersection of Norfolk and Countryside. People do not stop there. Aldermen Gail Phillips made a motion to approve the minutes for the regular meeting of June 3, 2004; Aldermen Tommy Dugger seconded this motion. The motion was passed unanimously.

Mayor Knapper stated the Treasurer’s Report was not available. A copy will be available at the Town Hall by the end of next week and will be given to all the Aldermen.

Committee Reports Frank Wilson reported for the Planning Commission:

• Approved Grading Plan for the Moore Property
• Approved Changes to Article Five of the Zoning Ordinance
• Approved water design for Bent Creek
• The Bond Report Stay the same

Betty Friedlander reported for the Historic Commission:

• There was no report at this time

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department:

• Applied for a 165,000.00 FEMA grant / 90% Federal Funded 10% Local Funded
• $441,000.00 building addition that has been proposed
• Order a new Pumper
• 68 hour classes starting for the First Responders
• 58 hour classes starting for our fire fighters

There was no report for the Chamber of Commerce. Richard Woodroof reported for the Engineer/Codes Department:

• 35 permits issued
• 12 inspections performed
• Received 3 Bids on the York Road issue
• Mr. Hailey pulled permit to build last three storage buildings on his site
• Review submittal for the Planning Commission
• Reviewing the draining calculations for Bent Creek
• Passed 2003 Inter National Codes Residential and Commercial Exams
• Hired Derek Beard to help out with inspection

Mayor Knapper stated we do not have prepared tonight ordinance #04-11. For all of you that are here tonight for the reading of the ordinance it is not done. Our attorney is out of town. I am asking the board if we can consider a special called meeting to address this. We will have to submit a notice in the paper. Aldermen Tommy Dugger stated is there a time frame where the notice has to be posted before you have a meeting?

Mayor Knapper stated with a special called meeting it said adequate public notice. I feel if we submit it tomorrow and put it in the paper the first of the week, we will have the meeting on July 15 at 7:00.

Joe Curtsinger reported for the Town Hall Committee:

• First meeting was held on June 29th
• Plans are being reviewed

There was no report for the Police Department.

Lonnie Bowden turned in his written report for the Public Works Department.

Mayor Knapper reported with the regards to the survey, I appreciate Beth Lothers and Carla Ediger for working so hard on the survey. I have asked the Planning Commission Members and the Board of Mayor and Aldermen to give me there input on the survey. We took their comments and added them to the survey. I think there will be issue that will come from the survey and be address to this board at a later date. These questions from the survey have come from some citizen that has volunteer there time to put this together.

First Reading of Resolution #04-07, a resolution of the Town of Nolensville, Tennessee, authorizing the execution and delivery of a municipal lease agreement with the Farmers and Merchants National Bank to purchase a tractor. Counsel Dana Ausbrooks stated in the third paragraph where it states, the Issuer has heretofore determined that financing for the acquisition and leasing of certain equipment pursuant. It should state, acquisition and leasing of a tractor.

Aldermen Tommy Dugger stated that we are in a new year and all the resolution should be 05-01 and the next resolution should be 05-02.

Aldermen Frank Wilson made a motion to approve 04-07. Aldermen Larry Felts seconded the motion.

Mayor Knapper made a motion to amend the resolution, changing the number from 04-07 to 05-01 and changing the wording to say, acquisition and leasing of a tractor. Aldermen Gail Phillips seconded the motion. Passed unanimously.

First Reading of Resolution #04-08, a resolution of the Town of Nolensville, Tennessee, authorizing the execution and delivery of a municipal lease agreement with the Farmers and Merchants National Bank to purchase two police cars.

Aldermen Gail Phillips made a motion to approve 04-08. Aldermen Larry Felts seconded the motion.

Counsel Dana Ausbrooks stated in the third paragraph where it states, the Issuer has heretofore determined that financing for the acquisition and leasing of certain equipment pursuant. It should stated, acquisition and leasing of two police cars.

Mayor Knapper made a motion to amend the resolution, changing the number from 04-08 to 05-02 and changing the wording to say, acquisition and leasing of two police cars. Aldermen Tommy Dugger seconded the motion. Passed unanimously.

Second Reading of Ordinance #04-10, an ordinance to amend chapter 4, section 3-202 of the Nolensville Municipal Code regarding court administration. Counsel Dana Ausbrooks stated that basically it states when you appear in front of our Municipal Judge there is going to be a court cost in the amount of $75.00 for ever case. There were be addition to the litigation taxes, those litigation taxes are taxed threw the state. They are not taxed threw Nolensville.

Alderman Gail Phillips made a motion to approve the amend chapter 4, section 3-202 of the Nolensville Municipal Code regarding court administration. Aldermen Tommy Dugger seconded the motion. Motion passed unanimously.

Mayor Knapper stated in other business he would like to get a verbal agreement with the board tonight to go forward with the Gillian Fischback on the Major Thoroughfare Plan.

Meeting adjourned at 8:30 P.M. Respectfully submitted, Approved,

Tonia Smith,                              Charles Knapper,

Acting Recorder                         Mayor

MEETING DATE: THURSDAY, JUNE 3, 2004 TIME: 7:00 P.M.

PLACE: NOLENSVILLE ELEMENTARY SCHOOL

Mayor Charles Knapper opened the meeting at 7:05. In attendance were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips and Frank Wilson. Also in attendance were Counsel Bob Notestine, Chief Jeff Goforth, Town Engineer Rich Woodroof, Recorder Cindy Lancaster, and 28 public citizens.

Alderman Dugger led the prayer and pledge.

Mayor Knapper briefly went over rules and regulations in regards to the conduct of a meeting and a public hearing. He then asked the audience for citizens input.

Mr. Phillip Tuck, 812 Alec Court, stated there is a plan to put a development behind Alec Court. He would like to request that the Board look at this plan extensively. He wanted the board to know that he was opposed to this plan.

Mayor Knapper stated that he has circulated the steps for an approval of a PUD plan so that citizens would be able to view the process.

Ms. Cindy Arnold, 878 Dortch Lane asked if flow charts would be on the website? Mayor Knapper stated that they would be forwarded to the website.

Mr. Charles Hammond, 9629 Clovercroft Road noted that he was outside the city limits. He has viewed the proposed routing of the roads and told the board that they need to think about this. He said it was going to be a big mistake. Mr. Hammond was referring the Bent Creek Development.

Mayor Knapper stated that the town had a transportation specialist that has been working on this project. Alderman Dugger made a motion to approve the minutes for the regular meeting of May 6, 2004, Alderman Phillips seconded this motion. Alderman Wilson stated that on page four the minutes read “lots abutting Clovercroft Road will be 75 feet wide,” he thought this was an error. It was agreed that this was written correctly. Alderman Wilson further stated that Alderman Dugger was misquoted on page four, second paragraph. Alderman Dugger stated that he said “he will vote for this PUD overlay because this is a self contained community, although he will vote against any other PUD that comes before this board that butts up to a subdivision like Ballenger Farms.” Alderman Dugger made a motion to amend the minutes as corrected, Alderman Wilson seconded and this passed unanimously.

Alderman Felts made a motion to accept the Treasurers report, Alderman Dugger seconded. Recorder Lancaster reported the general fund cash on hand as being $518,733.71, with cash disbursements being $51,000. State Street Aid cash on hand is $143,133.93. The treasurer’s report was unanimously approved.

Chair Willis Wells reported for the Planning Commission:

• Application was reviewed for a home occupation. Tutoring will be provided with the homeowner reporting quarterly to the town with the number of students.
• Timeline for concept approval was reviewed
• Workshops have been ongoing
• Bond report was issued
• Sign ordinance was altered and approved

Betty Friedlander reported for the Historic Commission:

• There was no meeting
• Thanked the town for participation in Williamson County Clean up

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Annual Pump test has been completed
• FEMA grant has been submitted
• Noted that a dear friend of the fire department had passed away. Mr. Bill Johnson’s funeral will be on Saturday.

There was no report for the Chamber of Commerce.

Rich Woodroof reported for the Engineer/Codes Department.

• 8 permits issued
• 14 inspections performed
• 1 pool permit issued
• Working with Williamson County on the MS4. Permit begins July 1, 2004
• Obtaining bids for York Road
• Plans for Car Wash were received
• The Greystone Plaza addition has been completed

Police Chief Jeff Goforth reported for the Police Department

• A written report was submitted for the boards review

Public Works Director Lonnie Bowden reported for the Public Works Department

• Replaced stop signs
• Repaired various pot holes

Mayor Knapper noted he had received a letter from TDOT to agree to perform a feasibility study. Nolensville Road is a state highway and issues will be reviewed.

Mayor Knapper noted that he had received a letter from Middle Tennessee Electric and various sites were reviewed for the installation of a substation. These sites have been narrowed to two. Mayor Knapper noted that this is a TVA/MTE issue and not a town issue, although, Middle Tennessee Electric is keeping Nolensville abreast of developments.

Mayor Knapper stated that the town had recently received a lease extension. He noted that currently there are three proposals for the town hall committee to review, although volunteers are needed to form a town hall committee. Anyone interested should contact town hall.

Mayor Knapper stated that the town Codes Enforcer Don Swartz has been out battling cancer and the town will be looking to fill this position.

Mayor Knapper stated that the Planning Commission had reviewed a rough draft of a survey. Once the final product is completed this will be sent out to the residents of Nolensville.

Budget Public Hearing opened at 7:40.

Mayor Knapper asked if there was any public comment. Mr. Lonnie Bowden, Public Works Director, spoke to the board in regards to the tractor purchase that is being anticipated. He noted that he feels a cab tractor is safer for the drivers. He distributed pictures of the boom mower and bush hog noting the difference. He further stated that he had spoken to the county and they have gone to enclosed cabs.

Mr. Bob Hayes, Public Works employee, stated that due to safety he would recommend an enclosed cab.

Mr. Larry Gardner stated that if you are going to buy one get one with an enclosed cab.

Mr. Wayne Morton, Public Works employee, stated that for safety issues he would like to have an enclosed cab.

Dr. Joe Curtsinger, stated he agreed with everyone. Additionally with the number of potential injuries he is strongly in favor of an enclosed cab.

Mr. Charles Hammond asked the board if they had thought about another source providing this service.

The Public Hearing Closed at 7:52 p.m.

Second Reading of Ordinance #04-07, an ordinance to adopt a budget for the fiscal year July 1, 2004 – June 30, 2005. Counsel Notestine stated that this is the second reading of this ordinance. If this ordinance passes tonight, it will go into effect on July 1, 2004.

There was extensive discussion from the board in regards to the tractor line item. Mayor Knapper agreed that a rock could cost the town more money in injury.

Alderman Dugger asked if the right hand side of the enclosed cab would have the safety glass or would that be an extra cost?

Mr. John Scott with CMI stated that was included in the cost.

Mayor Knapper noted that an officer will be hired and two new police cars will be purchased in addition to a Fire Inspector position. Mayor Knapper discussed the criteria that must be met due to the fire ordinances that have previously been passed. He noted that MTAS had given a rate of pay of $18.00 per hour and the Fire Department had requested $35.00 per hour for the Fire Inspector position.

Fire Chief Presley Hughes spoke stating that due to the number of people that will have to perform this job, the agreed amount is $30.00. Counsel noted that the town is much better off if the town can count on the fire department for these duties. Mayor Knapper stated that he has met with two Metro fire fighters and their salaries are approximately $56,000 which would be approximately $25-$28 per hour. Mayor Knapper further stated that he would rather have a unified department. After discussion Mayor Knapper stated that $1,000 per month should be sufficient to perform these task. It was noted that the fire department would bill for these services monthly. Alderman Dugger asked why is the town paying to have plans reviewed? Doesn’t the Engineer currently do this? Mayor Knapper stated that he is not certified to perform these task. Alderman Phillips made a motion to amend the budget planning salary line item to $81,540, in addition to the Fire Protection Operations to $42,964. Alderman Felts seconded and amendment passed. This ordinance passed unanimously as amended. Chief Goforth introduced Mr. Joe Baynham and swore the full-time Nolensville Police Officer in to perform his duties. Zoning Ordinance Public Hearing opened at 8:15.

Counsel Notestine stated that this is a “clean-up” of the zoning ordinance. Mayor Knapper noted that the Planning Commission had recommended these changes to the Board of Mayor and Aldermen.

Public Hearing closed at 8:20.

Second Reading of Ordinance #04-09, an ordinance to amend certain sections of the Town Of Nolensville Zoning Ordinance #04-01. Alderman Felts made a motion to approve, Mayor Knapper seconded and the floor was opened for comment. Alderman Wilson made a motion to amend Section 9.2.3 to add “of the hearing shall be placed” Notice of the hearing shall be given to all adjacent property owners of the subject property by US Mail at least ten (10) days before the date of the hearing. Notice shall be given in one (1) publication in a newspaper of general circulation in the Town at least ten (10) days before the date of the hearing. In addition, a sign providing notice of the time, place and location “of the hearing shall be placed” on the subject property at least ten (10) days before the date of the hearing.

Alderman Felts seconded and the amendment passed unanimously. This ordinance passed unanimously as amended. First reading of Ordinance #04-10, an ordinance to amend chapter 4, section 3-202 of the Nolensville Municipal Code regarding court administration. Counsel noted that he proposed this ordinance to include language to clarify - if the violator waives coming to court, court cost and penalty must be paid. Alderman Dugger asked if the town was performing this currently. Counsel stated yes, he further stated that due to a possible lawsuit he may return to the board to refine this ordinance. Mayor Knapper made a motion to pass this ordinance, Alderman Dugger seconded and this ordinance passed unanimously.

Alderman Dugger asked for an update in regards to Rolling Hills Drive. He noted that it has been 80% complete for sometime. Rich Woodroof stated that a letter was sent giving a deadline of June 9, 2004.

Meeting adjourned at 8:50 P.M. Respectfully submitted, Approved,

Cindy Lancaster                 Charles F. Knapper

Town Recorder                   Mayor

MEETING DATE: THURSDAY, MAY 6, 2004 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, Gail Phillips and Frank Wilson. Also in attendance were Counsel Bob Notestine, Officer Paul Rigsby, Recorder Cindy Lancaster, and 79 public citizens.

Planning Commission Chair Willis Wells led the prayer and pledge. Mayor Knapper stated that if the audience was in attendance in regards to Sheldon Park this is being deferred until next month. He noted that next week there would be an informational meeting that would be led by the developer. Mayor Knapper then opened the floor for public comment.

Mr. Parman Henry of 7323 Nolensville Road spoke in opposition of the roadways in regards to Bent Creek. He noted that he has property on Clovercroft Road and if the proposed roads are built he will lose 200’ of road frontage, with his neighbor losing more. He stated that if Sam Donald Road is ceased the Ebenezer Church would lose land. If an emergency arises an egress will be a problem. Access to the cemetery will be limited due to a one-way street. Mr. Henry suggested making Clovercroft a one-way Road going west to the proposed road, with the proposed road being a one-way street also. He noted that parking would be gone if the State widens Nolensville Road. The Town Of Nolensville should look into purchasing land behind J.T.’s for parking purposes.

Mayor Knapper stated that there had been a meeting with the Planning Commission, and TDOT. TDOT has been formally asked to perform a feasibility study.

Counsel Notestine spoke to the audience in regards to the Planned Urban Development. He stated that the road that is being discussed would be in Phase II or III. The road would be confirmed at the time of approval. Phase I is the only Phase that has been approved.

Mr. Al Applegate, Representative and Trustee of Ebenezer Methodist Church, stated that his church liked alternative #5 of the Road study that was previously performed by Fischbach Transportation.

Dr. Joe Curtsinger noted that the Planning Commission and the Board of Mayor and Aldermen have worked with the developer extensively and the map does not seem to be accurate. He noted that Phase I should not be allowed to be developed until the proposed road is completed. He urged the board to place this condition on the Bent Creek Developers.

Mr. Charles Lawson, stated that he liked #3 of the Road study that was previously performed by Fischbach Transportation.

Mrs. Kristie McArthur, asked Mayor Knapper to repeat what he had previously said about deferring the Sheldon Park Development. After Mayor Knappers comments Mrs. McArthur continued noting her concern is the growth in Nolensville and the direction that is it taking. She read exerts from previous town meetings and said that she did not want to see PUD’s and Overlays throughout Nolensville. She stated that she disputes that Nolensville is trying to provide for retirees and newly married couples due to these type of residents currently living on her street.

She asked the board not to appeal to people that are coming to Nolensville, but the people who are currently living in Nolensville. She further stated that her hope was that this board would base their decision on people who are based in this community.

Mr. Dean Doyle, asked if this board had the power to say “yea” or “nay” to this development?

Mayor Knapper stated that the process is to come before the Planning Commission with a Concept Plan. The Planning Commission then makes a consideration and staff reviews the plan to see if it meets the criteria of their request. This criteria comes from the Subdivision Regulations. The Planning Commission then makes a recommendation with or without conditions. It only comes before the Board of Mayor and Aldermen if there is a zoning change.

Ms. Karen Lasitch stated that the meeting with the developer at 5:30 was not convenient. She noted the town is representing the citizens not the builder.

Alderman Wilson stated that the Board and Planning Commission are bound by the Zoning Ordinance in the decision making process.

Alderman Felts made a motion to approve the minutes for the regular meeting of April 1, 2004, Alderman Dugger seconded this motion. The minutes were approved unanimously.

Alderman Wilson made a motion to accept the Treasurers report, Alderman Felts seconded. Recorder Lancaster reported the general fund cash on hand as being $529,811.40, with cash disbursements being $50,000. State Street Aid cash on hand is $139,680.14. The treasurer’s report was unanimously approved.

Chair Willis Wells reported for the Planning Commission:

• Hayley Industrial Preliminary Plans
• Sheldon Park concept Plan was presented
• Town Engineer spoke of the coarse paving
• Bond report was issued
• Proposed zoning ordinance amendments reviewed
• PUD/OSD density was discussed
• Storm water issue was addressed
• Fee structure was reviewed

Betty Friedlander reported for the Historic Commission:

• Design Standards were submitted to the Mayor
• Saturday is Earth Day – Planting to begin at 8:30 a.m.

Assistant Chief Jason Jones reported for the Nolensville Volunteer Fire Department.

• Annual Pump test performed on all equipment
• FEMA grant has been submitted
• Requested to meet with the Mayor in regards to the Fire Inspector position

There was no report for the Chamber of Commerce. Rich Woodroof reported for the Engineer/Codes Department.

• 13 permits issued
• 8 inspections performed
• Oldham Drive and Stonebrook Blvd. striped and turning lanes installed
• Ballenger Farms utilities are currently being installed
• Soliciting bids for engineering repair work on York Road
• Greystone Plaza close to completion

Alderman Dugger asked Mr. Woodroof about the paving on Dortch Lane. Mr. Woodroof stated that a letter was submitted requesting the final coarse. Alderman Dugger noted that this road does not become the towns until the town approves it.

There was a written report submitted to the board for the Police Department.

There was no report for the Public Works Department.

Mayor Knapper noted that Middle Tennessee Electric had been contacted to install streetlights at Williams, York and Sunset Roads. He noted that once annexation is completed there would be more installed.

Second reading of Ordinance #04-03, an ordinance to amend the zoning ordinance #01-06 to zone property into a PUD zoning. Counsel stated that this is the second reading to rezone certain property on Clovercroft Road known as Bent Creek. He noted that he felt there might be some confusion on a PUD. This zoning has been there for years and almost every city within Tennessee has a section on PUD’s.

Alderman Dugger stated that Dr. Curtsinger had a valid concern in regards to obtaining the right-of-way for the proposed road. He noted that 150 homes could be built before a road is installed. Alderman Phillips stated that was a concern for her also. Counsel Notestine stated that it was given approval stating that before Phase II could begin, the road would have to be installed.

He stated that this board does not have the power to dictate to a developer to purchase a private individuals land.

Mr. Steve Cates stated that Ms. Fischbach, who performed an independent study, said that the current roads would handle 154 lots. He noted that he wanted to get started on this as soon as possible.

Alderman Dugger noted that a “minimal” vinyl siding was a concern for him. Mr. Cates stated that this would be for soffits, and other minor vinyl installations.

Alderman Dugger clarified that the road plan itself is part of the PUD, although before any road is closed it must come before this board. Counsel stated that was correct.

Alderman Wilson stated that there was a concern in regards to the amount of vinyl and that is why it was discussed extensively at the Planning Commission meetings.

Mr. Cates assured the audience that these homes would range from $180,000 to $400,000 price range. He noted that he has worked with many governmental entities and thanked the board for thoroughness in this project.

Mayor Knapper noted that several questions were brought up at the Bent Creek PUD Public Hearing on April 22. He addressed these questions.

Mayor Knapper stated a question arose in regards to adequate buffers. He noted that along two connecter routes within the subdivision there is a 200-foot wide buffer in the right-of-way. Lots abutting Clovercroft Road will be 75 feet wide with a 40-foot buffer along Clovercroft only adjacent to the (southerly) cul-de-sac, which will have conventional lots fronting the new road.

Mayor Knapper stated another question was raised in regards to erosion issues and had they been addressed for the entire project? He stated that yes; the federal government now has stringent storm water run-off erosion control measures that have been passed down to the local governments as an unfunded mandate.

Mayor Knapper addressed another question that was directed to the board asking what will be the primary entrances to Bent Creek and will the town be subjected to any state or county approval regarding roads? There will be major entrances off Clovercroft Road just West of the Williams Road interchange as well as entrances off Sam Donald Road, approximately in the middle of the project. Two traffic studies by RPM Consultants and Fischbach Transportation have addressed the traffic issues and flows from this project. The town has been meeting with TDOT officials regarding the rapid development in the area, and improvements to existing roads and additional roads to the area.

Mayor Knapper noted that one question was “will the addition of the commercial area make it difficult for shoppers to access the commercial area and the old town area?”

Gillian Fischbach of Fischbach Transportation made a recommendation to allow Clovercroft Road traveling west to remain as a one-way street. Travel east of the newly created access road from Sam Donald will not be allowed for westbound traffic. Such realignment will allow for smooth flow and access to the old town area. Any changes in roads would have to come before this board for approval.

He noted that someone had asked will all of the houses have garage doors in front of the homes? Mayor Knapper stated that the Planning Commission proposed all the garages facing the street must have a three-foot minimum setback from the front façade. 50% of the houses may reduce the garage set-back less than ten feet provided a minimum 3-foot set-back from the front plane of the house were the garage is provided is maintained. The maximum driveway width within the right-of-way will be 12 feet. He stated that this issue would be further addressed at the construction drawing and final plat stages.

Alderman Dugger asked Mr. Cates will there be an entrance to the back part of the property? Mr. Cates said that will be addressed later in the project.

Alderman Dugger stated that he will vote for this PUD overlay because this is a self-contained community, although he will vote against any other PUD’s that come before this board that butts up to a subdivision like Ballenger Farms.

Alderman Felts stated that he has been very active in the Planning Commission meetings and this group has worked hard on this project.

Alderman Wilson made a motion to pass this ordinance, Alderman Dugger seconded and this passed unanimously.

Second Reading of Ordinance #04-05, an ordinance to make a violation of Tennessee Code Annotated (TCA 55-12-139) amunicipal ordinance violation. Counsel Notestine stated that this ordinance is a housekeeping ordinance that was recommended by MTAS. Alderman Wilson made a motion to pass this ordinance, Alderman Felts seconded and this passed unanimously.

Second Reading of Ordinance #04-06, an ordinance to adopt by reference state traffic offenses and rules of the road. Counsel Notestine stated that in the State of Tennessee you must have insurance to operate a vehicle. This is a housekeeping ordinance. Alderman Felts made a motion to pass this ordinance, Mayor Knapper seconded and this passed unanimously.

First Reading of Ordinance #04-07, an ordinance to adopt a budget for the fiscal year July 1, 2004 – June 30, 2005. Counsel Notestine stated that this is the first reading of the budget ordinance. He noted that this must go through another reading in addition to a public hearing. Mayor Knapper noted the budget subcommittee has met several times. This subcommittee consisted of two citizens, which are chair of the Planning Commission and Historic Commission, two Aldermen and the Mayor.

Mayor Knapper then went through the figures for the budget. Alderman Wilson made a motion to approve this ordinance, Alderman Felts seconded. The floor was then opened for discussion. Alderman Phillips asked about the purchasing of one police car versus two. Mayor stated that the cost of repair exceeds the purchase of a new vehicle. Alderman Phillips also asked if there would be a line item for the Elementary School. Mayor Knapper stated that he would like to request that a $2500 allocation be added to the budget for Nolensville Elementary School. Alderman Dugger inquired about a decision on the tractor.

Mayor Knapper stated that Alderman Wilson is reviewing this in addition to public works staff contacting other public works departments. Mayor Knapper made a motion to approve this ordinance as amended, adding a $2,500 line item for the Nolensville Elementary School library to be used to purchase books. Alderman Felts seconded. This amendment passed unanimously. First reading of Ordinance #04-07 as amended passed unanimously.

First Reading of Ordinance #04-08, an ordinance to allow a Planned Urban Development overlay known as Sheldon Park.

Mayor Knapper noted that this ordinance would be postponed for 30 days.

First Reading of Ordinance #04-09, an ordinance to amend certain sections of the Town Of Nolensville Zoning Ordinance #04-01. Counsel Notestine noted that the primary focus is on the Historic District Overlay, although several items are being reviewed. Alderman Wilson made a motion to pass this ordinance on first reading, Alderman Felts second and this passed unanimously.

Reading of Resolution #04-04, a resolution to extend an agreement with Mr. Bill Terry. Counsel Notestine stated that this is an extension of the current agreement with Mr. Terry. He stated that this should read six months and not one year. Alderman Wilson made a motion to amend this resolution to reflect six months, Alderman Dugger seconded. This amendment passed unanimously. Alderman Wilson made a motion to pass as amended, Alderman Felts seconded and this resolution passed unanimously.

Reading of Resolution #04-05, a resolution to authorize the Board of Mayor and Aldermen to establish a Board of Adjustments and Appeals Board. Counsel Notestine stated that this has been brought to the boards attention that the Fire Safety Code and the Sprinkler Ordinance calls for this type of appeals board. He noted that this resolution establishes the BZA to additionally become this board. Alderman Phillips made a motion to pass this as read, Alderman Dugger seconded and this passed unanimously.

Reading of Resolution #04-06, a resolution to revise fees for the Town Of Nolensville as provided in Ordinance #04-01. Counsel Notestine stated that this schedule was evaluated by the staff and Mayor. He noted these fees are to defray the profession cost of engineers, planners, attorneys, etc. Mayor Knapper made a motion to pass this Resolution, Alderman Wilson seconded and this passed unanimously.

Alderman Wilson commended the audience for attending the meeting. Alderman Felts thanked the crowd also.

Meeting adjourned at 9:00 P.M. Respectfully submitted, Approved,

Cindy Lancaster                       Charles F. Knapper

Town Recorder                        Mayor

Nolensville Board of Mayor and Aldermen Public Hearing

Bent Creek Planned Unit Development

Nolensville Elementary School, 7:00 p.m.

Thursday, April 22, 2004

 

 

Board members present were Mayor Charles Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips, and Frank Wilson. Staff included Recorder Cindy Lancaster, and Attorney’s Dana and Dave Ausbrooks. Twenty-eight citizens were present.

 

The public hearing began with Mr. Dave Ausbrooks addressing the audience with rules and regulations of the hearing.

 

Mr. Bill Kottas made a presentation to the audience noting the types of homes that would be built. He referred to the McKay’s Mill subdivision currently in Franklin.

 

Mr. Kottas noted that his company had met with current Nolensville residents to have a “focus” group session. The attendees at that meeting requested to keep open space. He stated that they plan to have walking trails created along the creek and throughout the subdivision, also utilizing the pocket areas.

 

Mr. Kottas discussed the commercial section stating that it would not be built immediately, although is being planned in order to be upfront and honest with any residents that may purchase a home adjacent to the commercial area.

 

Mr. Kottas noted that he had heard a concern in regards to lot size. He stated that this is not a lower cost home, but a lifestyle choice.

 

Mr. Steve Cates then addressed the audience in regards to traffic. Mr. Cates noted several studies had been performed and the Town had performed an independent study. He referred to the map that had previously been discussed and approved by the Board of Mayor and Aldermen. He further stated that he would be enhancing the roads to address current traffic problems in addition to looking towards the future.

 

Mr. Dave Ausbrooks once again directed the audience on the procedures of a public hearing. Mr. Ausbrooks then called on the first individual who had signed in to address the board.

 

Mr. Ed Liden – Are you changing the entrance into Bent Creek? Is the town subject to any state or county approval in regards to the roads? The way it is shown, if your going to have commercial – doesn’t it make it difficult for shoppers to get to the commercial area? Mr. Liden stated that since he is a commercial business he is concerned. He further stated that he would like to see Option 5 be used from the Fischbach study.

 

Mr. Al Thomas noted he was an architect and his concern is the location of the homes on Clovercroft Road. He stated that it did not look like there was a buffer between the homes and the road. He also stated that it would be a negative appearance if garage doors were on front of the homes. It is a much nicer look if garages are on the side or rear. He further noted that the commercial is a good idea.

 

Mr. Randy Taylor noted that he has known Mr. Kottas and Mr. Cates for many years and these guys are here to be “community” men. We could not ask for a better group to come into Nolensville.

 

Mr. Tim Tidwell stated that he would like to reiterate what Mr. Taylor had previously said. He noted that he had known Mr. Cates and Mr. Kottas for some time and also felt this was a good plan.

 

Mr. Brian Jones said the map shows that portions of the homes pour over into Mr. Jenkins property; therefore this map is showing the possible future growth onto that land. He stated that he would like to see erosion addressed. He further noted that he feels that Sam Donald is an east/west corridor and would like to see this not shut off.

 

Ms. Beth Loathers said that she is concerned about the density and the east/west corridor. She would like to see the board limit developers to lot size. She asked what ordinances were in place to attract or turn developers away in regards to lot size.

 

Dr. Joe Curtsinger noted that he had met with TDOT earlier this week and there is no guarantee that the right of way can be purchased with regards to Clovercroft extension. He asks the developers and board to please look at this acquisition. He noted that the developer previously this evening had discussed installing traffic lights. This needs to be addressed to make sure that this can be performed.

 

Mr. Eric Jensen stated that he had a concern in regards to traffic. He asked the anticipation of widening Nolensville Road. He stated that he liked the idea of a road going over to Nolensville Road.

 

Mr. Bob Batts stated that the comments this evening had been excellent. He noted that he was for the development in Nolensville, although he does have a concern in regards to the density. He noted that this is the first PUD to come before Nolensville and this will set precedence. He noted from his calculations there was a total of 343 acres, 118 to be green space, 15 commercial, this leaves 210 acres to have 810 homes built.

 

Ms. Katie Jones stated that she had a concern of a road going through people’s property. She stated that the board is doing the best it can.

 

Mr. Brian Jones said that he supported the developers although he would like to see the aforementioned addressed.

 

Mr. Al Thomas addressed the curb appeal of the subdivision. He is not sure of the requirements for the building material, but would like to see more brick. He also stated that he would like to see the traffic light go to Rocky Fork Road.

 

Mr. Ed Liden stated that we have a downtown and commercial area and now there will be another commercial area. He was told there was going to be another development down Sam Donald. He is in favor of the development, although he is a business owner.

 

Mr. Brian Jones pointed to the map and noted the new residents would have access.

 

Ms. Loathers said that everyone is busy and they respect the board’s leadership, although she would like to ask the board to place the next meeting notice in the Dispatch. She asked if any surveys had been performed recently? She said that she had heard one was done approximately six years ago.

 

Mr. Ausbrooks asked the crowd if there were any further comments. No one had any comments and the public hearing was officially closed.

 

Alderman Wilson stated that discussion of Bent Creek had been going on for a long time and he wished that all of the audience could have attended the previous meetings. Most of the issues brought up this evening have been addressed and worked out. Please get involved with your community. The Planning Commission meets the second Thursday of each month and the Board of Mayor and Aldermen meet the first Thursday.

 

Mayor Knapper said that the meetings are advertised in the Williamson AM due to deadlines. The Dispatch only comes out every other week. He further noted that there were 16 conditions that were imposed on the developers by the Planning Commission and an additional condition was imposed by the board. Mayor Knapper noted that he had copies of these conditions if anyone in the audience would like to review.

 

The meeting adjourned at 7:55 p.m.

 

Respectfully submitted, Approved,

 

 

 

 

____________________ _____________________

Cindy Lancaster, Charles F. Knapper,

Town Recorder Mayor

MEETING DATE: THURSDAY, APRIL 1, 2004 TIME: 7:00 P.M.

PLACE: NOLENSVILLE ELEMENTARY SCHOOL

Mayor Charles Knapper opened the meeting at 7:10. In attendance were Mayor Knapper, Aldermen Tommy Dugger, Larry Felts, Gail Phillips and Frank Wilson. Also in attendance were Counsel Bob Notestine, Officer George Poss, Recorder Cindy Lancaster, and 33 public citizens.

Alderman Wilson led the prayer and pledge.

Mayor Knapper then introduced Senator Jim Bryson, Representative Glen Casada and Melissa Miller who represented Congresswoman Marsha Blackburn. Ms. Miller spoke to the crowd in praise and honor of Alderman Joe Rositano. She then presented the Rositano family with a United States flag that flew over the State Capital during Alderman Rositano’s funeral. Representative Casada then spoke in honor of Alderman Rositano and noted that a Tennessee State flag would be forthcoming to the family. He noted that this flag flew over the State Capital also. Additionally, Senator Bryson spoke on his memory of Alderman Rositano. He further noted that a proclamation would be presented to Fire Chief Presley Hughes for his 30 years of service with the Nolensville Volunteer Fire Department. Ms. Wanda Rositano thanked the Board and all the State dignitaries.

Ms. Beth Lathers of 304 Walpole Court noted that she was concerned with the sprinkler ordinance and the impact it would have on the density of homes. She stated that she commended the Mayor and board on their jobs and wanted to become more involved and educated on the town activities. Assistant Fire Chief Jason Jones invited Ms. Lathers and any other citizens to come to the Fire Hall for an informational meeting on the sprinklers. Mayor Knapper opened the same invitation in regards to town hall and density issues. Additionally, Mr. Steve Cates stated that he would be happy to discuss the development issues with this group.

Alderman Phillips made a motion to approve the minutes for the regular meeting of March 4, 2004, Alderman Dugger seconded this motion. The minutes were approved unanimously.

Alderman Wilson made a motion to accept the Treasurers report, Alderman Felts seconded. Recorder Lancaster reported the general fund cash on hand as being $551,036.20, with cash disbursements being $40,000. State Street Aid cash on hand is $140,330.30. The treasurer’s report was unanimously approved.

Chair Willis Wells reported for the Planning Commission:

• Final Plat approval for Phase I of Ballenger Farms
• Historic District Zoning changes were discussed extensively

Betty Friedlander reported for the Historic Commission:

• Met with Planning Commission and reviewed recommended changes
• Will hold a workshop where Design Standards will be discussed
• “Keep Williamson Beautiful” Earth Day will be May 8th
• Shread Day will be held at Williamson County Recycle Center

Assistant Chief Jason Jones reported for the Nolensville Volunteer Fire Department.

• FEMA grant has been submitted
• Quarterly reports were submitted to the Board
• Chief Hughes continues to recover from his illness

There was no report for the Chamber of Commerce.

Due to Rich Woodroof’s absence there was no report for the Codes Department.

There was no report for the Police Department.

Due to Lonnie Bowden’s absence there was no report for the Public Works Department.

Mayor Knapper noted that a fee schedule would go before the Planning Commission and then would come to this board in ordinance form.

Mayor Knapper stated that the Fire Inspector Job Description was distributed last month. The salary was discussed, noting the Fire Department had recommended a $14 - $35 per hour rate. Mayor Knapper stated that after contact with MTAS the figure was an average of approximately $15 per hour. Alderman Wilson stated he had a concern in regards to the language stating that “The Nolensville Volunteer Fire Department shall have authority to select the person or persons to fill this position.” Mayor Knapper stated that this was counsel’s concern also and has been revised to state with the Mayors approval. Alderman Wilson noted that if the Town Of Nolensville was paying the salary they should have a say on who is hired. Alderman Wilson also stated that he had a concern about the power of this individual issuing a citation. Assistant Chief Jones stated that TCA allows the Fire Inspector to issue citations in regards to the Fire Safety Code.

Mayor Knapper ask that the rules be suspended and go to number 10 on the agenda in regards to United Telephone Company Ordinance. The Board agreed to move forward on the agenda.

Second reading of Ordinance #04-04, an ordinance granting a franchise to United Telephone Company Video Concepts, LLC. It was noted that representatives attended the first reading of this ordinance and gave a brief overview. A representative attended tonight and noted that this is a digital programming system that is supplied through the phone line. In addition to receiving phone service, movies on demand and internet will be supplied. Counsel Notestine stated that a franchise fee would be charged to each customer for this service. Mayor Knapper asked the board if they had any questions. No questions were presented. Alderman Felts made a motion to pass this ordinance, Alderman Wilson seconded and this passed unanimously.

First reading of Ordinance #04-03, an ordinance to amend the zoning ordinance #01-06 to zone property into a PUD zoning. Counsel stated that this was the first reading to rezone certain property on Clovercroft Road known as Bent Creek. He noted there would be a public hearing on April 22. Mayor Knapper noted that the Planning Commission had reviewed the conditions and voted on them with 7 members for, 1 opposed and 1 abstained. Alderman Dugger asked that there be a 10 minute recess so that the board could review these 16 conditions. Mayor Knapper then had a 10 minute recess. Alderman Dugger requested clarification in regards to #6. He asked that if a commercial area is in the PUD plan does the developer come back to this board to obtain commercial zoning? Counsel Notestine stated that it would be a separate zoning change and they would have to come back to request the proper zoning. Counsel Notestine reiterated to the Board that this is merely a plan.

Mayor Knapper noted that on two of the items there was some confusion with the wording. The tape is being reviewed and if the tape indicates other wording this will be changed. Otherwise this is being approved as read. Alderman Dugger stated that he had concern with regards to the wording and the length of time for completion of the roads. It was agreed by Mr. Cates, from the audience, that he would have the road completed within 18 month of construction commencement.

Alderman Felts had a concern of Clovercroft Road remaining open until the new road was constructed. He also would like to see different avenues taken on keeping various roads open and making them a one-way street. Counsel Notestine stated that road closures would need to come in the form of a different ordinance. He stated that this board would have to vote to close any roads within the town limits.

Mayor Knapper stated that he would like to receive a recommendation from Gillian Fischbach prior to voting on altering the roads.

Alderman Dugger made a motion to pass this ordinance as amended to add a number 17 to the conditions. This condition is as follows:

Construction of new road between Clovercroft Road and Nolensville Road must be completed within 18 months of commencement of on-site construction in Phase I.

Alderman Phillips seconded and this amendment passed unanimously.

Alderman Felts made a motion to pass this ordinance, Alderman Wilson seconded. This ordinance passed unanimously.

First Reading of Ordinance #04-05, an ordinance to make a violation of Tennessee Code Annotated (TCA 55-12-139) a municipal ordinance violation. Counsel Notestine stated that this ordinance is a housekeeping ordinance which was recommended by MTAS. Alderman Phillips made a motion to pass this ordinance, Alderman Felts seconded and this passed unanimously.

First Reading of Ordinance #04-06, an ordinance to adopt by reference state traffic offenses and rules of the road. Counsel Notestine stated that in the State of Tennessee you must have insurance to operate a vehicle. This is a housekeeping ordinance which allows the Nolensville Police Department to cite individuals who do not comply with this law. Alderman Wilson made a motion to pass this ordinance, Mayor Knapper seconded and this passed unanimously.

Reading of Resolution #04-03, a resolution to enter into an agreement with Fischbach Transportation. Counsel Notestine stated that this authorizes the Mayor to enter into an agreement with Fischbach Transporation to perform the traffic study. Alderman Felts made a motion to pass this Resolution, Mayor Knapper seconded and this passed unanimously. Mayor Knapper noted that he had received a call in regards to possible grant money for Police Technology from Congresswoman Marsha Blackburn’s office.

Mayor Knapper stated that purchasing tornado sirens is being reviewed by the Budget subcommittee.

Mayor Knapper advised the audience that although the doctors office is no longer an option for town hall, he is currently seeking plans for town halls throughout the United States. He noted that private entities would be assisting the town in seeking property.

Alderman Wilson asked if the County Road agreement had passed. Mayor Knapper stated that it had passed and he would be meeting with Mr. Eddie Hood next week.

Alderman Wilson requested that the town investigate putting lines on Oldham Drive and Stonebrook Boulevard. This is a very dangerous spot due to the largeness of the road and no lines to guide the traffic. Mayor Knapper said he would get the engineers to advise us on this issue.

Alderman Dugger asked if Dortch and Rolling Hills had been reviewed in regards to the percentage of homes built and the completion of these roads. Mayor Knapper stated that he thought it was to be 80% complete prior to completion and this would entail building two more homes. He would get Rich Woodroof the town engineer to review this.

Alderman Dugger then made a motion to adjourn and Alderman Felts seconded this motion. This passed unanimously and meeting adjourned at 8:40 P.M.

Respectfully submitted, Approved,

Cindy Lancaster              Charles F. Knapper

Town Recorder                Mayor

MEETING DATE: THURSDAY, MARCH 4, 2004 TIME: 7:00 P.M.

PLACE: NOLENSVILLE ELEMENTARY SCHOOL

Mayor Charles Knapper opened the meeting at 7:01. In attendance were Mayor Knapper, Aldermen Larry Felts, Gail Phillips and Frank Wilson, Alderman Tommy Dugger was absent. Also in attendance were Counsel Bob Notestine, Officer George Poss, Town Engineer Rich Woodroof, Recorder Cindy Lancaster, Public Works Director Lonnie Bowden and 20 public citizens.

Mayor Knapper led the prayer and pledge.

Mayor Knapper asked the board to conduct the meeting in a fashion that was outlined within the Roberts Rules of Order. This format was submitted to the board and Mayor Knapper made a motion that these guidelines be followed, Alderman Wilson seconded and this was passed unanimously.

Mr. Trevan Townsend of 7120 Nolensville Road, owner of Two Way Market, noted that he had previously viewed the changes that were to be made on the Zoning Ordinance. In regards to the section of the “Car Wash”, he requested that the letter “H” be given some lead-way to either the Mayor or his designee. This section discusses berm and he would like to see this either removed or re-structured.

Alderman Phillips made a motion to approve the minutes for the regular meeting of February 4, 2004, Alderman Felts seconded this motion. The minutes were approved unanimously.

Alderman Wilson made a motion to accept the Treasurers report, Alderman Felts seconded. Recorder Lancaster reported the general fund cash on hand as being $541,991.62, with cash disbursements being $45,136. State Street Aid cash on hand is $133,906.77. The treasurer’s report was unanimously approved.

Mayor Knapper reported for the Planning Commission:

• Working with Bill Terry on the Comprehensive Plan and established a timeline.
• Working on Bent Creek project extensively
• Bill Terry is working on requirements for PUD’s

Betty Friedlander reported for the Historic Commission:

• Met and worked on changes for the zoning ordinance
• Design Standards will be discussed
• “Keep Williamson Beautiful” Committee came to Nolensville and should be commended. Nolensville was the cleanest city.
• A Saturday will be selected for clean up sometime between now and May.

Assistant Chief Jason Jones reported for the Nolensville Volunteer Fire Department.

• AED’s have been tested and they are in compliance

There was no report for the Chamber of Commerce. Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.

• 4 building permits were issued
• 8 inspections were performed/2 mechanical and 1 plumbing
• MS4 permit has been reviewed and deadlines have been reviewed
• Gresham-Smith, in regards to the Waggoner property, has submitted plans which calls for a traffic signal at Sunset and Nolensville Road
• Ballinger Farms update - all the sewer on site has been completed

There was no report for the Police Department.

Public Works Director Lonnie Bowden reported for the Public Works Department

• A written report was distributed to the board and there were no questions

Mayor Knapper ask that the rules be suspended and go to number 11 on the agenda in regards to United Telephone Company Ordinance. The Board agreed to move forward on the agenda.

First reading of Ordinance #04-04, an ordinance granting a franchise to United Telephone Company Video Concepts, LLC. Counsel Notestine spoke briefly about this ordinance and then introduced United Telephone’s attorney Mr. Masterson. Mr. Masterson stated that they have the ability to offer video through the phone line. He noted this is similar to Cable. He asked if the board had any questions regarding this new service. There were no questions. Alderman Wilson made a motion to pass this ordinance, Alderman Felts seconded and this passed unanimously.

Mayor Knapper noted that staff has reviewed the cost for various fees that are imposed by the town. It is the intent of the town to only re-coup the cost. He notified the board that this issue would be discussed at the next board meeting.

Mayor Knapper asked Counsel Notestine to report on the Interlocal Agreement in regards to road maintenance. Counsel stated that the town had recently passed a resolution to enter into this agreement. He noted that the county reviewed the agreement and it passed with a change that addressed paying attorney fees and additional costs. This was not agreed upon by the Nolensville board, therefore, he ask the county to review it again without these clauses. The Williamson County Attorney agreed to bring it before the County Road Commission. We are now awaiting their response.

Mayor Knapper asked the board to submit a letter to the Williamson County Medical Center to withdraw the offer previously made by the town. Alderman Felts made a motion to submit a letter of withdrawal, Alderman Phillips seconded and this motion passed unanimously.

Mayor Knapper asked Counsel Notestine to report on the Fire Inspector Job Description that Assistant Chief Jason Jones and Counsel have been preparing. Counsel noted that his concern was an inspector having the authority to write a citation.

Therefore, the person being hired should have approval of the Mayor. Mayor Knapper asked for approval to hire an inspector. Alderman Wilson stated that he would like to wait until next month due to just receiving this documentation tonight. It was agreed that this item would be discussed next month.

Mayor Knapper noted that Bob Haines had submitted a written request to perform a photo journal of the town. Mr. Haines addressed the audience noting there are several changes that are taking place within the Town Of Nolensville and this should be documented. It would be an archive of the town. Mr. Haines stated that he would provide the “sweat equity”, all he would ask the town to do is reimburse him for his expenses. Mayor Knapper made a motion to proceed with this journal, Alderman Phillips seconded. Alderman Wilson stated that the cost should be monitored. This passed unanimously.

Mayor Knapper noted that there would be a meeting with Mr. Charles Graves of TDOT on March 30. He also noted that a review of the zoning ordinance would be on April 20 and 27. He stated that education hours are required for Planning Commission members and the town attorney will be providing a portion of this education during these meetings.

Mayor Knapper noted that Congressman Blackburn’s office has been in contact with Nolensville in regards to the COPS grant.

Mayor Knapper stated that the Bent Creek project has requested that Ordinance #04-03 be postponed. At Counsel’s recommendation, and after speaking to every board and Planning Commission member, it is a consensus that an individual traffic study be performed. Mayor Knapper will be meeting with two individuals that have been recommended to perform this study. Mayor Knapper made a motion to approve $3,000 to be spent on this traffic study, Alderman Felts seconded and this passed unanimously.

Mayor Knapper read a letter from the Tennessee Municipal League (Insurance carrier) applauding the town on their Loss Control Prevention efforts.

The Public Hearing was then opened for Ordinance #04-01 at 7:40. Counsel Notestine noted that when the zoning ordinance is amended a public hearing is required. This is the public hearing for the “clean-up” of the ordinance. There will be other changes forthcoming. Alderman Felts stated that he would like to recommend a gate for an egress and ingress into the site. He also recommended that the staff decide on a plat-to-plat basis in regards to the berm.

Mayor Knapper then told the audience at this time they could speak in regards to this ordinance. No one from the crowd commented.

It was further noted that if someone wanted to appeal a decision made by the Planning Commission they could go before the Board of Zoning Appeals.

The Public Hearing closed at 7:50 p.m.

Second Reading of Ordinance #04-01, an ordinance to amend the Zoning Ordinance #01-06 of the Town Of Nolensville.

Alderman Felts made a motion to remove the wording in “L” in regards to the car wash and replace it with the following:

During the hours of non-operation barriers to ingress and egress must be installed or doors will be install at each end of bay to block access. Buffering to be determined by staff on a plat-to-plat basis.

Alderman Wilson seconded, this amendment passed unanimously.

Mayor Knapper made a motion to approve the zoning ordinance as amended, Alderman Felts seconded and this passed unanimously.

Reading of Resolution #04-01, a Resolution to formally enter into an agreement with Mr. John Poole, a Certified Public Accountant. Counsel noted that this authorizes the Mayor to enter into an agreement in order for the Town to have the books audited. Alderman Phillips made a motion to approve this resolution, Alderman Wilson seconded and this passed unanimously. Reading of Resolution #04-02, a Resolution to formally enter into an agreement with Mr. Dave Ausbrooks and Ms. Dana Ausbrooks, Attorney’s at Law, to assist in Planning Commission issues. Counsel noted that this authorizes Mayor Knapper to enter into this agreement to provide legal services for the Planning Commission. It was noted that they have attended various meetings and their services have been well received. Alderman Wilson made a motion to pass this resolution, Mayor Knapper seconded and this passed unanimously.

Alderman Felts noted that approximately one month ago MADD was approached to purchase a trailer, generator, cones, lights, etc., to be utilized at DUI checkpoints. Alderman Felts and his wife will be purchasing this equipment in honor of their son Jimmy who was killed by a drunk driver. Alderman Felts was commended on this gesture.

Mayor Knapper noted that since January the office has been hectic. He took a moment to thank the staff at town hall. Alderman Phillips then made a motion to adjourn and Mayor Knapper seconded this motion. This passed unanimously and meeting adjourned at 8:09 P.M.

Respectfully submitted, Approved,

Cindy Lancaster                       Charles F. Knapper

Town Recorder                         Mayor

Regular Meeting, Nolensville Elementary School

Thursday, January 6, 2004, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:04 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Police Chief Jeff Goforth, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 29 citizens present.

Mayor Knapper led the pledge and prayer.

Mayor Knapper then initiated the Oath of Office for the two new Aldermen. Mr. Jimmy Alexander recited his oath, followed by Mr. Joe Curtsinger.

Mayor Knapper asked if there were any citizens that had comments. Citizens Comments:

Mr. Jones noted that did not want to be a “pain” to the new members. Mr. Jones noted that he had read that the City of Algood was in a similar lawsuit in regards to annexation.

He stated that he was ready to go to court and ask that Counsel Notestine proceed. He asked the board to look into the blasting that was being performed for the new school construction. He stated that he and Mrs. Maxwell had some problems in regards to their homes and the blasting. He further welcomed the new board members and thanked them.

Mayor Knapper stated that Mr. Jones would need to contact the county due to the blasting being in their jurisdiction. Mayor Knapper thanked him for his comments.

Alderman Felts made a motion to approve the minutes from December 2, 2004, Alderman Curtsinger seconded. Alderman Alexander stated that on page three there appeared to be an incomplete sentence. It was noted the sentence should appear as follows: The conditions would be lots backing up to existing Stonebrook Subdivision have 20,000 square feet. There shall be a minimum lot size of 11,000 square feet for remainder of the lots. Recorder Lancaster asked for clarification from the board for #1 and #8 on the conditions for Nolen Park. It was noted that #8 read correctly with #1 being completed as follows: All homes have a minimum three sides brick or three sides painted hardy plank with minimal vinyl. Alderman Dugger made a motion to amend the minutes with the aforementioned changes, Alderman Felts seconded. The amendments were unanimously approved. The board then voted on the approval as amended. The minutes were approved unanimously.

Alderman Curtsinger made a motion to approve the treasurer’s report, Mayor Knapper seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $578,064.51, with cash disbursements being $90,000. State Street Aid cash on hand was $113,545.70 with total cash on hand being $661,836.28. The treasurer’s report was unanimously approved.

Mr. Willis Wells Planning Commission Member reported the following:

• Three items were deferred.
• Extremely short meeting.

Betty Friedlander reported for the Historic Commission:

• No meeting last month.
• Workshop scheduled for January 27

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Submitted written report
• Homeland security will have exercise in September
• Have not heard from FEMA grant

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

• 60 inspections were performed
• MS4 training conference for builders and governments is being planned at the Ag
• Center in Franklin
• Bent Creek Final plans were approved for Sections 2A, 3A, and 4A.

Chief Jeff Goforth reported for the Police Department.

• Stated a written report had been submitted to the board and asked if any member
• had questions.

Lonnie Bowden, Director of Public Works reported for the Public Works

• Stated a written report was submitted to the board
• Mayor noted that legal opinions were being received from MTAS in regards to
• easements and right of ways.

Mayor Knapper noted that property is being reviewed for town hall.

Mayor Knapper’s report:

Mayor Knapper noted that the Capital Improvements Budget would be forthcoming. He noted that currently the facilities tax is $ .68 for residential and $ .70 for commercial. In order to increase the tax a CIB must be completed. The town is looking at other areas and needs that have arisen since the last Capital Improvement budget.

Fischbach Transportation will report at the next Planning Commission meeting. Additional information obtained from TDOT has arisen that must be incorporated into the long-range plan.

Mayor Knapper noted that he had met with TDOT officials. They shared a plan from 840 to Old Hickory Boulevard. Two alternatives are being reviewed. Mayor Knapper asked the board if they had any comments or questions. The board had no comments.

The town Land Use Plan is being compiled and should be ready by tomorrow. Town Planner Consultant Bill Terry has looked at various aspects within the Urban Growth Boundary and will be making his observations in written form.

Mayor Knapper ask that Counsel explain the dedication of a road in Industrial Park. Counsel Notestine stated that the new Blue Bell Company would be developing in the Industrial Park. Later in the meeting there will be discussion in resolution form to apply for a grant that will construct a road entering this park. Mr. Haley would have to dedicate the road to the town after construction. Mayor Knapper noted that the town would not “be out” any money. Mr. Haley has agreed, in principal, to pay the amount that the grant

would not cover. Counsel Notestine noted that if the town did not get the grant the road could not be constructed. Mayor Knapper asked for approval from the board to allow the Mayor to move forward with the road acquisition. All board members nodded their heads in agreement.

Mayor Knapper then asked the board for their approval for the following Commission members.

Planning Commission TERMS Bob Haines 1 Kristie McArthur 1 Frank Wilson 2 Jimmy Alexander 2 Rick Fisher 3 James Clark 3 Larry Gardner 4 Willis Wells 4 Charles F. Knapper

Board of Adjustments Betty Friedlander Charles F. Knapper Larry Felts Pat Aldred Larry Felts Larry Gardner Wanda Barker Tommy Dugger Pat Aldred Belinda Callebo Bob Haines LuLu Smith Charles Lawson She’ra Coffman Joe Curtsinger

Alderman Felts made a motion to approve these members, Alderman Alexander seconded and these members were approved unanimously.

Mayor Knapper made a motion to nominate Tommy Dugger as Vice-Mayor, Alderman Felts seconded and this passed unanimously.

Mayor Knapper noted that the budget sub-committee would be meeting in the near future. He said that in the past the budget has increased approximately 3%. He will be asking department heads and various recipients to not increase their figures, but to remain with the current budget figures as 2004-05.

Alderman Felts noted that he has spoken to TDOT and State Representative Casada to change a portion of Nolensville Road to Joe Rossi Parkway. Representative Casada stated that he would walk it through the state once the Nolensville Board of Mayor and Aldermen passed a resolution. It was agreed by acclamation to move forward with the resolution.

Public Hearing for Ordinance #04-18, an ordinance to amend ordinance #04-09, opened at 7:51.

Counsel Notestine stated that this ordinance is basically a “fine-tuning” ordinance. The largest portion deals with accessory buildings. It defines car washes, density and PUDS.

Mr. J. R. Jones stated that the basis of almost all of these lawsuits is density. He asked the board if they had lived in a PUD or had any dealings with the homeowner associations of these neighborhoods. He noted that he had business dealings with several gated communities that eventually had to reorganize. He urged everyone to take a look at Stonebrook. He noted that when there is common area you have to depend upon homeowner associations to maintain this area. If the homeowner association no longer exist it will become the responsibility of a different entity.

There were no other comments and the public hearing was closed at 7:56.

Mayor Knapper stated that due to a field trip taking place on January 18th, Ordinance #05-01 would not have first reading tonight.

Reading of Resolution #05-01, a resolution to enter into an interlocal agreement with Williamson County for annual aerial photographs. Mayor Knapper read a letter from Mr. Perry Perritt requesting a $1,000 to cover cost for producing maps. Alderman Alexander stated that he felt this would be money well spent. Alderman Dugger made a motion to approve this resolution, Alderman Alexander seconded and this passed unanimously.

Reading of Resolution #05-02, a resolution to establish an occupational safety and health program. Counsel Notestine stated that this resolution is a housekeeping resolution that addresses OSHA regulations. Alderman Dugger noted that someone would have to make sure these rules and regulations are adhered to accordingly. He asked who that individual would be. Chief Goforth stated that he would take on this responsibility. Mayor Knapper made a motion to approve this resolution, Alderman Felts seconded and this passed unanimously.

Reading of Resolution #05-03, a resolution in support of an application for a Fast Track Industrial Development grant. Counsel Notestine noted that this resolution was discussed previously. Alderman Dugger stated that he was in agreement to seek the grant, although the town should not be out any money. Alderman Curtsinger made a motion to approve this resolution, Alderman Alexander seconded and this passed unanimously.

Other:

Alderman Dugger asked if the town could purchase a flag stand for the school. He noted that currently they are using the bottom of a broken chair. Mayor Knapper stated that one would be purchased.

The board was reminded that there would be a field trip to view sprinkler systems on Tuesday, January 18.

Mayor Knapper adjourned the meeting at 8:11 p.m.

Respectfully submitted, Approved, Cindy Lancaster

Charles F. Knapper Town Recorder Mayor

Nolensville Elementary School

Thursday, January 6, 2004, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:04 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Police Chief Jeff Goforth, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 29 citizens present.

Mayor Knapper led the pledge and prayer.

Mayor Knapper then initiated the Oath of Office for the two new Aldermen. Mr. Jimmy Alexander recited his oath, followed by Mr. Joe Curtsinger.

Mayor Knapper asked if there were any citizens that had comments.

Mr. Jones noted that did not want to be a “pain” to the new members. Mr. Jones noted that he had read that the City of Algood was in a similar lawsuit in regards to annexation. He stated that he was ready to go to court and ask that Counsel Notestine proceed. He asked the board to look into the blasting that was being performed for the new school construction. He stated that he and Mrs. Maxwell had some problems in regards to their homes and the blasting. He further welcomed the new board members and thanked them.

Mayor Knapper stated that Mr. Jones would need to contact the county due to the blasting being in their jurisdiction. Mayor Knapper thanked him for his comments. Alderman Felts made a motion to approve the minutes from December 2, 2004,

Alderman Curtsinger seconded. Alderman Alexander stated that on page three there appeared to be an incomplete sentence. It was noted the sentence should appear as follows: The conditions would be lots backing up to existing Stonebrook Subdivision have 20,000 square feet. There shall be a minimum lot size of 11,000 square feet for remainder of the lots. Recorder Lancaster asked for clarification from the board for #1 and #8 on the conditions for Nolen Park. It was noted that #8 read correctly with #1 being completed as follows: All homes have a minimum three sides brick or three sides painted hardy plank with minimal vinyl. Alderman Dugger made a motion to amend the minutes with the aforementioned changes, Alderman Felts seconded. The amendments were unanimously approved. The board then voted on the approval as amended. The minutes were approved unanimously.

Alderman Curtsinger made a motion to approve the treasurer’s report, Mayor Knapper seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $578,064.51, with cash disbursements being $90,000. State Street Aid cash on hand was $113,545.70 with total cash on hand being $661,836.28. The treasurer’s report was unanimously approved.

Mr. Willis Wells Planning Commission Member reported the following:

• Three items were deferred.
• Extremely short meeting.

Betty Friedlander reported for the Historic Commission:

• No meeting last month.
• Workshop scheduled for January 27

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Submitted written report
• Homeland security will have exercise in September
• Have not heard from FEMA grant

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

• 60 inspections were performed
• MS4 training conference for builders and governments is being planned at the Ag Center in Franklin
• Bent Creek Final plans were approved for Sections 2A, 3A, and 4A.

Chief Jeff Goforth reported for the Police Department.

• Stated a written report had been submitted to the board and asked if any member had questions.

Lonnie Bowden, Director of Public Works reported for the Public Works

• Stated a written report was submitted to the board
• Mayor noted that legal opinions were being received from MTAS in regards to easements and right of ways.

Mayor Knapper noted that property is being reviewed for town hall.

Mayor Knapper noted that the Capital Improvements Budget would be forthcoming. He noted that currently the facilities tax is $ .68 for residential and $ .70 for commercial. In order to increase the tax a CIB must be completed. The town is looking at other areas and needs that have arisen since the last Capital Improvement budget. Fischbach Transportation will report at the next Planning Commission meeting. Additional information obtained from TDOT has arisen that must be incorporated into the long-range plan.

Mayor Knapper noted that he had met with TDOT officials. They shared a plan from 840 to Old Hickory Boulevard. Two alternatives are being reviewed. Mayor Knapper asked the board if they had any comments or questions. The board had no comments.

The town Land Use Plan is being compiled and should be ready by tomorrow. Town Planner Consultant Bill Terry has looked at various aspects within the Urban Growth Boundary and will be making his observations in written form.

Mayor Knapper ask that Counsel explain the dedication of a road in Industrial Park. Counsel Notestine stated that the new Blue Bell Company would be developing in the Industrial Park. Later in the meeting there will be discussion in resolution form to apply for a grant that will construct a road entering this park. Mr. Haley would have to dedicate the road to the town after construction. Mayor Knapper noted that the town would not “be out” any money. Mr. Haley has agreed, in principal, to pay the amount that the grant would not cover. Counsel Notestine noted that if the town did not get the grant the road could not be constructed. Mayor Knapper asked for approval from the board to allow the Mayor to move forward with the road acquisition. All board members nodded their heads in agreement.

Mayor Knapper then asked the board for their approval for the following Commission members.

Planning Commission TERMS Bob Haines 1 Kristie McArthur 1 Frank Wilson 2 Jimmy Alexander 2 Rick Fisher 3 James Clark 3 Larry Gardner 4 Willis Wells 4 Charles F. Knapper Board of Zoning Appeals Historic Commission Budget Sub-Comm Board of Adjustments Betty Friedlander Charles F. Knapper Larry Felts Pat Aldred Larry Felts Larry Gardner Wanda Barker Tommy Dugger Pat Aldred Belinda Callebo Bob Haines LuLu Smith Charles Lawson She’ra Coffman Joe Curtsinger

Alderman Felts made a motion to approve these members, Alderman Alexander seconded and these members were approved unanimously.

Mayor Knapper made a motion to nominate Tommy Dugger as Vice-Mayor, Alderman

Felts seconded and this passed unanimously.

Mayor Knapper noted that the budget sub-committee would be meeting in the near future. He said that in the past the budget has increased approximately 3%. He will be asking department heads and various recipients to not increase their figures, but to remain with the current budget figures as 2004-05.

Alderman Felts noted that he has spoken to TDOT and State Representative Casada to change a portion of Nolensville Road to Joe Rossi Parkway. Representative Casada stated that he would walk it through the state once the Nolensville Board of Mayor and Aldermen passed a resolution. It was agreed by acclamation to move forward with the resolution.

Public Hearing for Ordinance #04-18, an ordinance to amend ordinance #04-09, opened at 7:51.

Counsel Notestine stated that this ordinance is basically a “fine-tuning” ordinance. The largest portion deals with accessory buildings. It defines car washes, density and PUDS. Mr. J. R. Jones stated that the basis of almost all of these lawsuits is density. He asked the board if they had lived in a PUD or had any dealings with the homeowner associations of these neighborhoods. He noted that he had business dealings with several gated communities that eventually had to reorganize. He urged everyone to take a look at Stonebrook. He noted that when there is common area you have to depend upon homeowner associations to maintain this area. If the homeowner association no longer exist it will become the responsibility of a different entity.

There were no other comments and the public hearing was closed at 7:56. Mayor Knapper stated that due to a field trip taking place on January 18th, Ordinance #05-01 would not have first reading tonight.

Reading of Resolution #05-01, a resolution to enter into an interlocal agreement with Williamson County for annual aerial photographs. Mayor Knapper read a letter from Mr. Perry Perritt requesting a $1,000 to cover cost for producing maps. Alderman Alexander stated that he felt this would be money well spent. Alderman Dugger made a motion to approve this resolution, Alderman Alexander seconded and this passed unanimously.

Reading of Resolution #05-02, a resolution to establish an occupational safety and health program. Counsel Notestine stated that this resolution is a housekeeping resolution that addresses OSHA regulations. Alderman Dugger noted that someone would have to make sure these rules and regulations are adhered to accordingly. He asked who that individual would be. Chief Goforth stated that he would take on this responsibility. Mayor Knapper made a motion to approve this resolution, Alderman Felts seconded and this passed unanimously.

Reading of Resolution #05-03, a resolution in support of an application for a Fast Track Industrial Development grant. Counsel Notestine noted that this resolution was discussed previously. Alderman Dugger stated that he was in agreement to seek the grant, although the town should not be out any money. Alderman Curtsinger made a motion to approve this resolution, Alderman Alexander seconded and this passed unanimously.

Other: Alderman Dugger asked if the town could purchase a flag stand for the school. He noted that currently they are using the bottom of a broken chair. Mayor Knapper stated that one would be purchased.

The board was reminded that there would be a field trip to view sprinkler systems on Tuesday, January 18.

Mayor Knapper adjourned the meeting at 8:11 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                    Charles F. Knapper

Town Recorder                      Mayor