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2005

Minutes Archive

2005-12 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, December 1, 2005, 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, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 48 citizens present.
Mayor Knapper led the prayer and pledge.
Mayor Knapper thanked the members of the audience that attended the tree lighting at the Library prior to attending this meeting.
Mayor Knapper then asked if there were any citizens that had comments.
Mr. Butch Clark, Mer Rouge Drive, reminded the board members that most of them ran on pro-standard lot size. He asked that they not “sell out”.
Dr. James Clark, 921 Oldham Drive, read a letter of concerns to the board. He stated that option one was chosen at the Planning Commission in regards to the land design policy. He feels that this was a step backwards. He noted the current traffic problems within Nolensville. He asked the board why zoning changes were being considered and asked why Britain Downs was recently passed. He also noted the difficulty in blending commercial into residential.
Mr. Jerry Lawson, Rocky Fork Road, noted that the development, Silverstream, has destroyed the roads. He noted that the second week in October his farm provides free Hayrides. Due to the large equipment that was coming into the development they had to request that this cease for their annual event.
Ms. Lillian Marusa, 7149 Nolensville Road, noted she was not informed that her property was requested to be rezoned. She further noted that she sent a letter to the board to decline this request.
Ms. Evelyn Bennett, 7180 Nolensville Road, stated that she was here to give a testimonial in favor of Britain Downs. She stated that she has had the privilege to work with Mr. Yazdian, developer of Britain Downs, and he is a man of integrity and great character. She stated that this development is a plan that has been built in Belle Meade and she felt that this would only add positively to Nolensville.
Mr. Robert Jones, 9950 Maxwell Lane, stated that his comments were the same as Dr. Clarks. He stated that he was glad he did not have to make the decisions that this board is making and thinks they should step back and take more time in the process. Mr. Jones stated that he was told that a bridge may be built at Maupin Lane and that the City of Brentwood would be over seeing this project. He asked the board to please not over look Britain and Maxwell Lane so that it is overloaded. Mr. Jones additionally thanked the board for calling tonights event a Christmas Tree and not a Holiday Tree.
Mayor Knapper then noted that in regards to Mr. Lawson’s comments, Williamson County has jurisdiction over Silverstream and that portion of Rocky Fork Road. There was no further citizen input.
Alderman Dugger made a motion to approve the minutes from November 3, Alderman Felts seconded. The minutes were passed unanimously.
Recorder Lancaster noted that due to the conversion of the computer software the treasurers report was not submitted. This will be submitted next week to the board.
Mayor Knapper reported the following for the Planning Commission:
  • Noted the written minutes were before the board and if they had any questions he
  • would address.
Betty Friedlander submitted a written report for the Historic Commission:
  • Due to Ms. Friedlander’s absence a written report was submitted to the board.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • The fund drive mailers have been sent.
  • Firefighters have been attending EMT School.
Rich Woodroof reported for the Codes Department.
  • Noted he and Building Inspector Michael Blanks attended a conference.
  • Henry Laird attended a Zoning Law seminar.
  • Henry Laird has been working on the Land Use Plan.
  • King Street is being reviewed for needed repairs.
  • 252 inspections have been performed.
Chief Paul Rigsby reported for the Police Department.
  • Noted that statistical data was submitted to the board.
  • New officers will be sworn in at the January meeting.
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
Mayor Knapper’s report: Mayor Knapper stated that traffic light studies have been performed for Clovercroft and Sunset Road, at the intersection of Nolensville Road. These studies indicated that the traffic does not meet the threshold to warrant a traffic light. Mayor Knapper noted that he would be meeting with TDOT officials to discuss this further.
Mayor Knapper also noted that he has spoken to Paul Lebovitz, a grant writer for Nolensville. The town must receive letters from various community leaders in support of the recently written ISTEA grant. Public hearing for ordinance #05-28, an ordinance to amend the zoning ordinance #04-09 to create a Commercial Regional (CR) zoning opened at 7:34. Counsel Notestine described the process that is taken to pass a town ordinance. Mr. Laird then briefly described the ordinance. There was no public comment. The public hearing closed at 7:36.
Public hearing for Ordinance #05-29, an ordinance to approve a concept plan for a planned unit development overlay known as Britain Downs opened at 7:37.
Mr. Butch Clark, Mer Rouge Drive, ask the board why the town was going with a PUD and not a standard subdivision?
Mr. Michael O’Cain, 1250 Countryside, stated he was against PUD’s.
Dr. James Clark, Oldham Drive, stated that he wanted to remind the board that this passed through the Planning Commission by only a small margin.
Mr. Don Bill, 712 Stone Castle, stated that he moved to Nolensville from Antioch and “Pubs” were built and this brought the whole neighborhood down. He stated that he hoped the town stayed away from “Pubs”.
Mr. J.R. Jones, Britain Lane, stated that he feels there are several things that are out of line with this development.
Ms. Cathy Carter, 3067 Ballenger Farms Drive, stated that Nolensville has something to offer that other communities do not. She is in agreement with keeping the small town feel. She noted that if PUD’s are done correctly it would only be good for Nolensville. She further stated especially since there will be $400,000 to $700,000 homes built. Additionally, she stated that she had submitted a petition to the Mayor from Ballenger Farms residents.
Mr. Alfred Bennett, Nolensville Road, stated that he felt it was not as much a PUD issue as it is with wider streets and sidewalks, in addition to a sense of community.
Alderman Curtsinger stated that one point that needs to be addressed is that as development continues we need to get the developers to look at what they can do to benefit the town. In the county they have started a program to address this issue. He further noted that the size and height of the homes need to considered. The fire department does not have equipment to reach the height of some of the homes to be constructed.
Ms. Paulette Biggers, stated that she is proud to say she is in favor of this development. She noted that this was her family’s home and she was a life long resident of Nolensville. She further stated that a PUD allows the leaders to have more control versus a standard subdivision. She further noted it would be better to have a $400,000 to $700,0000 home constructed on this site rather than a modular home. Currently with this zoning a modular home could be at this location.
Mr. Lonnie Wheeler, 7159 Nolensville Road, asked for clarification in regards to the large amount of water on this property. He stated that construction on this site may move the water and there is flooding along Nolensville Road. He noted there was a levee currently back there and asked how the water flow would be effected once building commences. Jan Youssefi, 1041 Britain Lane, stated that she was in favor of this development. She has seen the homes and they are absolutely beautiful.
Public hearing closed at 7:51.
Public hearing of Ordinance #05-30, an ordinance to amend the zoning map to rezone property currently Estate Residential (ER) to Commercial Services (CS) at 7149 Nolensville Road opened at 7:51. Counsel Notestine stated that Ms. Marusa is the property owner. Counsel additionally stated that he thinks there is a contract between the property owner and a potential buyer.
Alderman Curtsinger asked Counsel if a person who is not the property owner, may request to have a property rezoned? Counsel Notestine stated that in the State of Tennessee when a contract exists it is called “equitable” and if a contract exist this can be done.
Ms. Lillian Marusa, 7149 Nolensville Road, stated that the Taylor’s do not have a right to change her property and she further noted that there is not a contact. Micheal and Christy Taylor, stated that there is a contract between them and the Marusa’s. He distributed this to the board. He stated that their concern is that they may lose their residence rights. He noted that this is to close on December 14 and if it appraises the property will be purchased by the Taylors. He further stated that if the purchase does not go through this can be ceased on December 15.
Counsel Notestine addressed the board noting that there will not be a vote taken on this tonight and it is merely a public hearing. He further noted that the town cannot get involved in a private contract.
Mr. Cort Bush, A& E Real Estate, stated that he was the broker for this property and there is a fully executed contact. He asked the board that if this closes as planned on December 14, can it move forward.
Ms. Lillian Marusa, stated that there is no extended contact and the contract ended on the 23rd of last month.
The public hearing closed at 7:59.
Second reading of Ordinance #05-24, an ordinance to amend the zoning ordinance #04-09, to revise site plan review requirements. Counsel Notestine briefly described this ordinance.
Mr. Laird noted that a request for changes in use of property can be applied for and if meets criteria staff can issue a permit. He noted that this change makes the process quicker than previously. Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.
Second reading of ordinance #05-26, an ordinance to amend the Nolensville Municipal Code in regards to roads. Alderman Curtsinger noted that this is an ordinance that addresses road widths. This was created due to safety issues. He noted that there has been a workshop and he is open to compromise. He further noted that there must be a guarantee for a safe traffic flow situation for emergency vehicles.
Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded. Alderman Alexander spoke at length on the road widths. He stated that after discussions earlier he met with the Town Engineer, Town Planner and Traffic Engineer. Alderman Alexander stated that after their review he proposes that the following item number (14) be added to Section 15-604 to state the following: (14) Parking shall be prohibited on one side of the public streets, with prohibited side being designated by the Mayor or his designee, for public streets with pavement widths 24’ or less excluding the Nolensville standard local street with 24’ of pavement and 30” curb and gutter.
Alderman Dugger stated that he felt the majority of the problem is in construction areas. He asked counsel for clarification on the town’s jurisdiction in these areas. Counsel stated that once the plat is recorded and signed the town can enforce the signage.
Alderman Curtsinger asked if vehicles are parked at the curb would it harm the water flow? Engineer Woodroof stated that it could. Alderman Curtsinger stated that it may need to be reviewed in six months if this becomes an issue.
Alderman Felts stated that he was in favor of Alderman Alexander’s amendment. Alderman
Felts made a motion to amend this ordinance to add: (14) Parking shall be prohibited on one side of the public streets, with prohibited side being designated by the Mayor or his designee, for public streets with pavement widths 24’ or less excluding the Nolensville standard local street with 24’ of pavement and 30” curb and gutter.
Alderman Dugger seconded the amendment. Alderman Alexander stated that he did not know if this will solve the problem entirely, although it can be revisited. He further noted that they were trying to reach a compromise and felt this was accomplishing that goal. The vote on the amendment was taken and passed unanimously.
The vote was then taken to pass as amended. This vote was approved unanimously.
Second reading on ordinance #05-27, an ordinance to make certain amendments to ordinance #04-02 requiring automatic fire sprinkler systems. Alderman Felts made a motion to approve this ordinance, Alderman Curtsinger seconded. Alderman Curtsinger stated that this ordinance eliminates an “opt-out” clause. Mayor Knapper read an email in regards to this ordinance. This email was from Mr. Corky Dementrius, with the Bennington development.
Engineer Woodroof stated that builders pulling permits after November 1, were verbally notified that they must sprinkle the homes being built.
Alderman Dugger stated that he felt the ordinance that is currently in place gives the people an option.
The vote was then taken with this ordinance passing with three votes for, Aldermen Alexander, Curtsinger and Felts, and two votes against, Alderman Dugger and Mayor Knapper.
First reading of ordinance #05-32, an ordinance to rezone property currently Suburban Residential (SR) to Commercial Regional (CR). Counsel Notestine briefly described this ordinance. Alderman Dugger noted that a portion of the map is colored, although it is not described in the ordinance. It was noted that this parcel is 83.07. Alderman Dugger asked for clarification. Town Planner Laird noted that it should not be colored and that parcel should not be included. Alderman Curtsinger asked for clarification in regards to parcel 82. He asked how deep will this zoning go into this piece of property. Town Engineer Woodroof stated that the zoning would go to Burkett Place Development. Counsel Notestine stated that per this ordinance it would rezone the entire piece of property, not a portion. He further stated that if only a portion is rezoned it the boundaries should be indicated within the ordinance.
Mayor Knapper made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously.
First reading of Ordinance #05-33, an ordinance to rezone property currently Suburban Residential (SR) to Commercial Services (CS). Counsel Notestine briefly described this ordinance. Town Engineer Woodroof noted that this property is adjacent to the Hayley Development. Alderman Alexander asked if this rezoning coincides with the Land Use Plan. Mr. Laird stated that it does. Mayor Knapper made a motion to approve this ordinance,
Alderman Dugger seconded and this passed unanimously.
First reading of Ordinance #05-34, an ordinance to rezone property currently Estate Residential (ER) to Suburban Residential (SR). Town Engineer Woodroof illustrated the properties on the map before the audience. Mr. Laird noted that this is approximately 12 parcels. Alderman Dugger asked how this zoning relates to the Land Use Plan. Mr. Laird stated that it is compatable with the plan. Mr. Laird further stated that this request was a conventional subdivision and that is what the Land Use Plan indicates. Alderman Curtsinger asked about the road realignment. Town Engineer Woodroof stated that the Planning
Commission is currently working to get the right of way. Alderman Curtsinger asked if it had been secured. Counsel Notestine stated that there has not been a right of way executed and it is still in the drafting stage. Mayor Knapper made a motion to approve this ordinance,
Alderman Dugger seconded.
Mr. Moon addressed the board stating that he has signed a temporary right of way agreement. He noted that the engineering has been done for the road and a bridge engineer has been hired. He will then get with Mr. Woodroof and obtain the town’s recommendations.
Alderman Curtsinger asked how many homes would potentially be built in this development.
Mr. Moon stated that between 120-150 homes on 170 acres. Mr. Moon further noted that he had been contacted by the Board of Education and the county may take 20 acres to build a school. He stated that there is a possibility that the Williamson County Parks and Recreation may obtain some acreage also.
Alderman Alexander stated that due to this additional information in regards to the school and park, should this board move forward in rezoning this property.
Counsel Notestine stated that this is first reading and he encouraged the board to consider the ordinance that was before them tonight.
Alderman Curtsinger stated that there are a couple of issues with the addition of these facilities and made a motion to table this tonight, Alderman Alexander seconded this motion.
The vote was then taken to table with Aldermen Alexander and Curtsinger for, and Aldermen Dugger, Felts and Mayor Knapper against. Alderman Dugger asked counsel if the board could divide the zoning. Counsel Notestine stated that the board could make an amendment. Alderman Dugger made a motion to remove everything north from the black line, Alderman Felts seconded. Alderman Curtsinger stated that he did not feel this should be split tonight. Alderman Dugger withdrew his motion, Alderman Felts withdrew his second.
Counsel Notestine again encouraged the board to vote on the ordinance that was before them.
The vote was then taken to pass ordinance #05-34 on first reading, Mayor Knapper, Aldermen Dugger and Felts for, Aldermen Alexander and Curtsinger against.
First reading of Ordinance #05-35, an ordinance to amend the zoning ordinance #04-09, to amend and add various definitions. Counsel Notestine briefly described this ordinance. Mr. Laird noted that several people were involved in these definitions to be applied to the zoning ordinance. Alderman Dugger inquired about the age of “60 years or older” in the “Attached Senior Housing” definition. Engineer Woodroof stated that it came from a zoning definition manual. Alderman Curtsinger asked if rental trucks and trailers were included with Automotive/Vehicular Sales and Service. Mr. Laird stated that motor vehicles could be added. Counsel Notestine stated that the intent is to keep the definitions broad. Alderman Alexander made a motion to approve, Mayor Knapper seconded and this passed unanimously.
Other: Alderman Dugger wished Mayor Knapper and Alderman Alexander a Happy Birthday.
Town Engineer Woodroof relayed to the board that the new road off of Clovercroft needs to be named. Additionally, he stated there has been discussion with the county and residents on Britain Lane in regards to the correct spelling. This will be brought back to the board at the next meeting.
Mayor Knapper addressed Mr. Moon stating that he hoped that some of the issues brought up this evening can be addressed by him.
Mayor Knapper adjourned the meeting at 9:08 p.m. Respectfully submitted, Approved, Cindy Lancaster Charles F. Knapper Town Recorder Mayor
2005-11 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, November 3, 2005, 7:00 p.m.
 
Mayor Charles Knapper opened the meeting at 7:00 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 41 citizens present.
Mr. Willis Wells led the prayer and pledge.
Mayor Knapper announced that item numbers 10, 11, 12 and 20 on the agenda were being deferred. These items reflect the following:
10. Public hearing ordinance #05-25, an ordinance to annex certain territory east of current corporate boundaries adjacent to Rocky Fork Road and including parcels running north to Kidd Road and adjacent properties, and to incorporate same within the corporate boundaries of the town of Nolensville, Tennessee
11. Public hearing of Plan of Service, Resolution #05-14, a resolution adopting a plan of service for parcels of land lying easterly of the corporate limits
12. Reading of resolution #05-14, a resolution adopting a plan of service for parcels of land lying easterly of the corporate limits
20. First reading of Ordinance #05-31, an ordinance to annex certain territory east of the current corporate boundaries lying between Kidd Road and the Williamson and Davidson County Boundaries
Mayor Knapper then asked if there were any citizens that had comments.
Mr. Corkie Demetrium, with Cates-Kottas Development, stated that he is opposed to the sprinkler ordinance. He noted that this development was approved through the county. He further stated that the Plan of Service stated that the town could provide services. If you could not provide services then the town should not have annexed. He further stated that if this ordinance is passed, they will file a lawsuit against the Town of Nolensville.
Counsel Notestine stated that he was aware of these comments and he has spoken to Mr. Cates. Mayor Knapper stated that the fire department has an ISO rating of 5 and this will enhance that rating.
Mr. Butch Clark, stated that he would like to see an ordinance to prohibit street parking. He noted that he was previously a board member of the McFarlin Woods Homeowners Association and this was one of the biggest complaints from homeowners.
Mr. Alton Marlow, Rocky Fork Road, noted that he read about the annexation in the newspaper and asked what the town’s intentions were. Mayor Knapper said that the county currently has jurisdiction of that area on Rocky Fork Road.
Mr. Aubrey Short, noted that in regards to Ordinance #05-26, he agreed with Mr. Clark. He further stated that in regards to the gentleman that threatened Nolensville; if he pulls a permit in Nolensville then he must abide by Nolensville’s ordinances. Mr. Short urged the board to back these ordinances. He noted that the Mayor had worked hard. Mr. Ted Behar, Sam Donald Road, stated that he agreed with Mr. Short in regards to streets. He noted that the town has the responsibility to either not allow parking or allow larger roads. We should be at the cutting edge of safety.
Mr. Matt Happel, Sam Donald Road, noted that there is roadway on King Street that is in need of repair. He stated that anything from Bent Creek to Nolensville Road should be reviewed in regards to repair.
There was no further citizen input.
Alderman Dugger made a motion to approve the minutes from October 6, Alderman Curtsinger seconded. Counsel Notestine stated that on page 5 it should not read “by resolution”. Alderman Alexander stated that the vote taken for second reading of ordinance #05-21 was Knapper, Dugger, and Alexander for and Curtsinger and Felts against. Alderman Curtsinger stated that there should be an addition in regards to the statement made by Counsel in regards to ordinance #05-26, “Counsel Notestine stated that due to municipalities having tort liability we are immune to some lawsuits.” Alderman Curtsinger noted that Counsel Notestine additionally stated, “If the problem is identified it must be addressed.” Alderman Curtsinger noted that this statement was very important. Alderman Alexander stated that it would be helpful to have the pages numbered for the minutes. Alderman Felts made a motion to approve with the aforementioned changes, Alderman Alexander seconded and with the changes the minutes were passed unanimously.
Recorder Lancaster noted that general fund cash on hand $921,277.73 with cash disbursements of $115,000. She noted State Street Aid Cash on hand being $66,081.02, with total cash on hand being $987,358.75. Alderman Felts made a motion to approve the treasurer’s report, Alderman Alexander seconded and this passed unanimously.
Mr. Willis Wells Planning Commission Member reported the following:
  • Noted the written minutes were before the board and if they had any questions he
  • would address those.
Betty Friedlander reported for the Historic Commission:
  • Noted a public meeting would be held on November 17th.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Over 300 children participated in Fire Prevention Week.
  • Re-certifications are being obtained by various members.
  • Received a shipment from Homeland Security.
  • Chief Hughes requested a ban be placed on burning due to the dryness.
Rich Woodroof reported for the Codes Department.
  • Repairs have began in 13 C Stonebrook.
  • McFarlin Woods repair is almost complete.
  • Henry Laird attended an Impact on Development Seminar.
  • 208 Inspections were completed.
Chief Paul Rigsby reported for the Police Department.
  • Stated a written report was submitted.
  • Hiring of officers is complete. Unofficially introduced Bryan Howell.
  • Vandalism continues to be a problem.
  • Police received some equipment from Homeland Security (same as Fire Department).
  • Mayor Knapper noted that he would like to send magnets to advertise the phone number of dispatch 776-3640.
  • Mayor Knapper praised Chief Rigsby’s hard work and dedication.
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
Mayor Knapper’s report:
Other: Mayor Knapper noted that if someone burns they can be cited under the “nuisance” ordinance.
Mayor Knapper noted the board had received a copy of a letter that was sent to Fred Schwartz with MPO. He noted that the town will be on the November or December agenda.
Mayor Knapper noted that in the minutes from last month Alderman Curtsinger had requested a five-year plan in regards to roads in the proposed annexed area. Mayor Knapper stated that this has been completed.
Alderman Dugger asked if the town had a long range plan of paving roads. He asked for a ten to fifteen year assessment. Mayor Knapper noted that the Town Engineer and he go out annually to review roads, although a long-range plan has not been performed. This will be initiated.
Mayor Knapper stated that consent agenda’s were discussed last month and an example of a consent agenda was placed in their box at town hall.
Public hearing for ordinance #05-24, an ordinance to amend the zoning ordinance #04-09 to revise site plan review requirements was opened at 7:35. Mr. Laird stated that this basically allows staff to approve any alterations in regards to parking or landscaping on site plan review. There was no public comment. The public hearing closed at 7:36.
Second reading of ordinance #05-22, an ordinance to amend the zoning map and text of the ordinance #04-09 to create an annexation buffer overlay. Counsel Notestine stated that this is second reading and is for the newly annexed area. He stated that this would comply with the interlocal agreement that was entered into with Brentwood. Alderman Curtsinger asked if the word “minimum” was correct. It was noted this is the language that is in the interlocal agreement. Alderman Dugger made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously.
First reading of ordinance #05-23, an ordinance to amend the zoning ordinance #04-09 in regards to revise standards for open space for Planned Unit Developments. Counsel Notestine stated that this revises areas in regards to what is allowed in a Planned Unit Development. Mr. Laird stated that previously it was not clear and now there is about twelve criteria. The purpose is to preserve natural resources on the site. Mayor Knapper made a motion to approve this ordinance, Alderman Curtsinger seconded and this passed on first reading unanimously.
Second reading of ordinance #05-26, an ordinance to amend the Nolensville Municipal Code in regards to roads. Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded. Alderman Curtsinger stated that there has been numerous instances in regards to emergency vehicles not being able to get to locations due to cars being parked on the side of the road. Counsel Notestine stated that it was noted earlier that the problem was “parking” was not defined correctly. Alderman Dugger stated that he would like this deferred and have a workshop. Alderman Alexander stated that he suggested last month to have a workshop on this issue. Alderman Felts stated that he agreed a workshop should be held to discuss this further. Mayor Knapper agreed with a workshop. Alderman Dugger asked if this could go into the requirements when a development is before the Board of Mayor and Alderman. Mayor Knapper stated that it could be a part of the subdivision regulations. Alderman Curtsinger stated that his needs to move forward. He stated that there needs to be a solution prior to next month. Alderman Curtsinger made a motion to defer until next month, Alderman Dugger seconded and this passed unanimously.
Second reading of ordinance #05-27, an ordinance to make certain amendments to ordinance #04-02, requiring automatic fire sprinkler systems. Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded. Alderman Curtsinger stated that this ordinance basically removes the “opt-out” clause. He noted that the town Life Safety Charter says we need to abide by the Fire Chief’s recommendation and this is his recommendation. Alderman Dugger stated that the town is compliant with the 2003 NFPA. Mayor Knapper stated that he wants to read the “Appendix L”. He noted that he has not seen this appendix and does not want to vote on something he has not reviewed. Alderman Curtsinger reiterated that the ordinance states that we must abide by the Fire Chief’s recommendation and this is the Chief’s recommendation. Fire Chief Hughes stated that the town adopted Life Safety Code 101. This states that you will adopt the latest edition. This adoption has not been done. Mayor Knapper made a motion to defer this reading for one month, Alderman Dugger seconded.
Counsel Notestine stated that if the town adopts a code it has to be in ordinance form. Also, it must be in the recorder’s office at least 15 days prior to adoption.
Alderman Curtsinger stated that the teeth of this ordinance is to remove the opt-out clause. Alderman Felts stated that he was a co-sponsor of this ordinance and he felt holding off one month would be o.k. Counsel Notestine stated that for compliance it should be filed in the Recorders office.
There was extensive debate on deferring this ordinance with Alderman Curtsinger adamantly opposed to waiting one month.
Mayor Knapper called for the vote for deferral for one month, Mayor Knapper, and Aldermen Alexander, Dugger and Felts for deferring, Alderman Curtsinger against.
First reading of ordinance #05-28, an ordinance to amend the zoning ordinance #04-09, to create a Commercial Retail (CR) zone. Counsel Notestine stated that as the town grows there may be a need for larger retail. This ordinance addresses this type of retail. Mr. Laird described this ordinance going over various aspects in detail. Alderman Alexander stated that he felt this ordinance would work well. Mayor Knapper stated that he had spoken with developers and they are excited about this zoning. Alderman Curtsinger made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously.
First reading of ordinance #05-29, an ordinance to approve a concept plan for a Planned Unit Development overlay known as Britain Downs. Counsel Notestine stated that this is first reading and will require a public hearing with another reading prior to approval.
Mr. Laird stated that this was discussed at a workshop and several points were brought out.
  1. Developer must construct the main entry roads off of Sunset Road and Britain Lane to a pavement width of 26 feet. An additional access easement outside the 50 foot right-of-way will be required to cover the required sidewalk pavement. All other street cross-sections will have a 24 feet of pavement recommended by the staff at its October 13th, 2005 Planning Commission meeting.
  2. Developer must provide for the perpetual maintenance responsibility of the cemetery in the project by the homeowners’ association.
  3. Developer must agree to setback garage facings 30’ from r-o-w.
  4. Developer must recess garage facings 3’ from the front building plane.
  5. Developer agrees to provide side or rear-load garages on at least 10% of building lots and to specify these lots.
Alderman Alexander made a motion to approve this ordinance, Mayor Knapper seconded.
Alderman Dugger asked that if there would be sidewalks on one side or continuous around a cul-de-sac? It was noted that sidewalks would be on one side only due to this being in the Sub-division Regulations.
Alderman Curtsinger stated that this book (referring to a Britain Downs plan booklet) was just received this afternoon. He further noted that to quote the Mayor, to defer one month to avoid any mistakes, would not matter.
Alderman Alexander stated that this project has been in the works for over three years. They have met with staff on several occasions and their application was submitted in a timely fashion. He further stated that this is a good project with homes ranging from $400,000 to $700,000. He stated that there will be ample time with the public hearing and second reading to have questions answered. Mayor Knapper stated that the difference is this is first reading.
Alderman Curtsinger stated that for the record the board has not been property briefed and another 30 days would not be detrimental to this project.
Mayor Knapper stated that there was a workshop on this development and it went before the Planning Commission.
Alderman Curtsinger noted that everything within the book was not discussed at those meetings.
Alderman Dugger noted that the maximum open space is 30% and he has a concern with using open space as a detention pond. He further stated he agreed with Alderman Alexander.
Engineer Woodroof stated that in the ordinance it states that the detention pond can be used as open space.
Mr. Mike Anderson, with Alderson, Delk and Associates, Engineering firm on Britain Downs, stated that staff asked that there be screen with landscape around the detention pond.
We have worked with staff on this. He stated that the maintenance of this will be performed by the Homeowners Association. He stated that the in regards to the 30% open space – it is above and beyond that. Alderman Dugger asked for the calculations of the open space. Alderman Alexander noted that in regards to the side-walk issue, it is normal procedure to stop half-way around a cul-de-sac.
Alderman Felts noted that he had not received the book until today also. Alderman Dugger stated that he did not know if 10% rear loaded garages is enough. Alderman Alexander stated that this was discussed and the minimum size of a home is 3,000 square feet. Given the size of these homes most Commissioners were accepting of this.
Alderman Curtsinger stated that we spent night after night coming up with criteria and we are going to throw it all away. He stated that he rode through the county and they do no have 140 front end loaded garages. Even with Mr. Moon’s development he repeatedly goes to the Planning Commission. Mr. Yazdan comes in one time and gets approved. Who is pushing this through? Nolen Park went through critique after critique. Alderman Curtsinger stated that he listened to the minutes and the Mayor stated that we’ve got to move this through. Mayor Knapper asked if this hadn’t been brought up before? Mr. Larry Gardner and Mr. Bob Haines, Planning Commission Members stated that last month at the Planning Commission and workshop was the first time before the Commission.
Alderman Dugger made a motion to add Mr. Laird’s written 5 additions and have sidewalks around the cul-de-sac. Alderman Alexander seconded. Alderman Alexander asked for clarity and noted that the alternate condition on number one was the preferred condition. The vote was then taken on the amendment. Mayor Knapper, Aldermen Alexander, Dugger and Felts for and Alderman Curtsinger against. The vote was then taken on the first reading of ordinance #05-29, as amended. Mayor Knapper, Aldermen Alexander, Dugger and Felts for and Alderman Curtsinger against.
First reading of ordinance 05-30, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) at 7149 Nolensville Road. Alderman Alexander asked if this would conform with the new land use plan. Town Planner Laird stated that it would. Alderman Curtsinger asked if someone were to purchase this house and turn it into commercial would they be able to cut and fill in the flood plain?
Engineer Woodroof stated that prior to 1981 they can cut and fill, but they have to show that they will not affect other properties. Alderman Dugger asked if they would have to pave the parking lot? Engineer Woodroof stated that the town could require some things for a changed use.
Alderman Alexander made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously. Mayor Knapper adjourned the meeting at 8:40 p.m.
Respectfully submitted, Approved,
Cindy Lancaster                        Charles F. Knapper
Town Recorder                          Mayor
2005-10 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, October 6, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:07 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 48 citizens present.
Mr. Willis Wells led the prayer and Boy Scout Troop 298 led the pledge.
Mayor Knapper then asked if there were any citizens that had comments.
Ms. Beth Ferguson, Principal of Nolensville Elementary School, thanked the board for their donation of $4,000. She noted that it was used to purchase risers for the music department.
Mr. Matt Happel, 9895 Sam Donald Road, noted to the board that he had entered into an agreement with Cates and Kottas Development. He encouraged the board to notify adjacent property owners prior to a development commencing.
Mr. Aubrey Short, 803 Rockwood Drive, noted that the Code of Ethics was being discussed this evening. He gave his opinion on a Code of Ethics noting that if an Alderman speaks badly about another Alderman this is called freedom of speech. He further noted incidences of his personal life and the application of Code of Ethics. Mr. Short also discussed the Urban Growth Boundary noting this law passed in 1999 and it was passed not to have urban sprawl. He noted that he had reviewed Ordinance #05-25 and if Silver Stream is annexed they will abide by County guidelines. He asked if they would have to sprinkle their homes. He further inquired about the roads. Mr. Short noted that if people are going to develop, they should pay for the infrastructure. Mr. Short additionally noted that he had spoken to the county and to the town about the drainage issues on various roads, Countryside, Stonebrook and others. This problem has still not been rectified.
Ms. Jackie Hicklin, 2408 Rocky Fork Road, discussed a road cut in Rocky Fork Road. She also asked what the town had to offer her that the county does not already provide, if she is annexed.
Mayor Knapper thanked everyone for their comments and stated that once the annexation process begins these questions will be answered.
There was no further citizen input.
Alderman Dugger made a motion to approve the minutes from September 1, Alderman Alexander seconded. Alderman Curtsinger noted that the minutes should reflect “withdrawn” on Ordinance #05-17, not postponed, additionally, on the last page the minutes reflect there was a plat. This should read there was “no” plat to review. With these two corrections the minutes were approved unanimously.
Recorder Lancaster noted that general fund cash on hand $893,888.64 with cash disbursements of $59,000. She noted State Street Aid Cash on hand being $59,931.63, with total cash on hand being $953,820.33. Alderman Felts made a motion to approve the treasurer’s report, Alderman Dugger seconded and this passed unanimously.
Mr. Willis Wells Planning Commission Member reported the following:
  • York Road was discussed.
  • Major Thoroughfare Plan was approved with minor changes.
  • Nolensville Road project was approved with six conditions.
  • Patterson site plan was deferred.
  • Ballenger Farms, Phase II was approved. He noted it would fall under the sprinkler ordinance.
  • Bennington/Winterset final plat amenities were approved. – Counsel noted the county approved this.
  • Road width was discussed.
  • Underground utilities were discussed and a public hearing has been scheduled.
  • Bond report was accepted as read.
Betty Friedlander reported for the Historic Commission:
  • Noted this Commission has not met.
  • Hazardous waste can be taken to Administrative Complex on October 29 from 8 – 2.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • “Use candles with Care” is the theme for Fire Prevention this year.
  • Attending local schools to promote Fire Protection Week.
  • Thanked the Lion’s Club for serving dinner in September.
Rich Woodroof reported for the Codes Department.
  • 13 C Stonebrook bond was called.
  • Met with Silver Stream in regards to re-alignment of road.
  • MS4 Annual Report was sent in to State.
  • Engineering firm will be hired to review roads.
  • Henry has been working on annexations and Land Use Plan.
  • Henry Laird has attended class in Knoxville and has been extremely busy.
 
Mayor Knapper explained the MS4 process and noted that this is a federal law mandate and must be complied. Mayor noted that the town has hired an engineering firm to make sure the roads are constructed properly. Currently the town does not have anyone with that expertise. Alderman Dugger noted that the bond was called, although we had met with the developer.
He stated now that the bond has been called, isn’t it the town’s problem and not the developer. Counsel Notestine stated that the planning commission had directed staff to call the bond and when the work is completed the monies that is remaining (not used) is returned to the developer. Therefore the developer still has an interest in these funds. Additionally, the developer will have to leave enough money in the fund for a maintenance bond.
Chief Paul Rigsby reported for the Police Department.
  • Stated a written report was submitted.
  • In the process of hiring two new full time officers for 24-hour coverage. Hopes to have this in place by the end of the month.
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
  • Thanked this department for all their hard work.
 
Mayor Knapper’s report:
Other: Mayor Knapper noted that the town is currently in contact with TDOT in regards to traffic lights at Sunset, Rocky Fork and other locations. There should be some answers in the near future.
He further noted that there are ongoing discussions in regards to Nolensville Elementary School becoming the home of town hall. He stated that there is nothing new to report other than the town is continuing to inform the county they are interested in the school becoming town hall.
Mayor Knapper then read a Proclamation proclaiming October as being Breast Cancer awareness month. After reading of the resolution, Mrs. Raylene King thanked the board for the proclamation and noted that five women in Nolensville were diagnosed this past year.
She noted the event would be on October 22 with a huge yard sale and this Saturday evening a dessert and coffee will be held at the Stonebrook Baptist Church. She encouraged everyone to attend
Town Engineer Rich Woodroof then opened the annual MS4 meeting. He noted that the Board of Mayor and Aldermen held the position as the Storm Water Committee and Mr. Woodroof went over the various roles and responsibilities of this committee. He noted the report that was recently submitted in addition to various items that were performed to complete the state and federal requirements. He then asked the board if they had any questions and/or comments. There were none and the annual meeting was then closed.
Counsel Notestine then discussed the Code of Ethics. He noted that he has reviewed this document and stated there needs to be some refinement. Alderman Felts, who has been instrumental in preparing this document, asked the board for a date to have a workshop on this. Mayor Knapper stated that he would like to have a workshop on some various issues and would be getting with the board on some dates to combine all the issues.
Public hearing for ordinance #05-22, an ordinance to amend the zoning map and text of the zoning ordinance #04-09, to create an annexation buffer overlay opened at 7:55 p.m. Mr.
Henry Laird described this ordinance, noting this restricts the area in regards to density. Counsel Notestine noted that this is a public hearing and will have a second reading next month. He stated that this is a unique attempt to fit our zoning ordinance with an interlocal agreement that was part of a recent lawsuit. The public hearing closed at 7:57.
Public hearing for ordinance #05-23, an ordinance to amend the zoning ordinance #04-09 to revise standards for open space for Planned Unit Developments opened at 7:57. Mr. Henry Laird stated that the Planning Commission in this ordinance is making an attempt to upgrade the standards for an open space development. They held several workshops to discuss this issue and this is the ordinance that was developed following the workshops. Counsel Notestine then reiterated this is a public hearing.
Mr. Aubrey Short asked if this went before the Planning Commission and if so what was their recommendation. Mayor Knapper noted that it did go before the Planning Commission and was approved unanimously. The public hearing was closed at 7:59.
Second reading of ordinance #05-21, an ordinance to approve a concept plan for a Planned Unit Development overlay known as the Reserve at Bent Creek. Counsel Notestine noted an agreement between Mr. Happel and Cates-Kottas Development, that was discussed by Mr. Happel during citizen’s comments and a copy was given to the board; the Town of Nolensville is not a part of this agreement. Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded.
Alderman Dugger stated that there was an error in the location. He stated that the location was listed as Clovercroft Road. This should read Sam Donald Road. Alderman Alexander stated that at the last meeting it was discussed that a revised plan would be presented that would depict this piece tying into Phase VI. He noted that this has been done. Counsel stated that the map could be made part of the minutes. Alderman Curtsinger asked for the distance from the road to the entrance of Bent Creek?
Mr. Eric McNeely, representative of Cates-Kottas Development, stated it was no more than 1,000 feet.
Alderman Dugger made a motion to amend this ordinance by changing Clovercroft to Sam Donald Road, and make the map a part of the minutes, this was seconded by Alderman Curtsinger.
Alderman Curtsinger noted that he had a concern of traffic problems and the effect this would have on Mr. Happels property with the smaller lots beside his home. He noted that this board needed to see what this would look like prior to approval. Mr. McNeely stated that Jones Company has agreed to do the landscaping and construct a berm beside his property.
Mayor Knapper asked if site distances would be addressed as Alderman Curtsinger had asked. Mr. McNeely stated that the subdivision regulations had been reviewed and this is being monitored. Mr. McNeely said the elevation would be raised to improve the site distance on Sam Donald Road.
The vote was then taken on this ordinance as amended with Mayor Knapper, Aldermen Curtsinger and Alexander for, Aldermen Dugger and Felts were against. The ordinance passed on a majority vote.
First reading of Ordinance #05-24, an ordinance to amend the zoning ordinance #04-09 in regards to revise site plan review requirements. Counsel Notestine described this ordinance, along with Engineer Woodroof and Town Planner Laird.
Alderman Dugger asked if a consent agenda could be done to accomplish the same request within this ordinance. Counsel Notestine stated that a consent agenda could be done. Alderman Dugger stated that this would be a way for the Planning Commission to be aware of what is going on. Mayor Knapper asked if Alderman Alexander could obtain a copy of Metro’s consent agenda. Alderman Alexander will be obtaining this document for Nolensville’s review.
Alderman Curtsinger noted a monitoring system needs to be in place. Alderman Dugger noted that he did not mean to imply that staff was not qualified, but would like a mechanism in place to keep everyone informed.
Alderman Felts made a motion to approve this ordinance, Alderman Curtsinger seconded and this passed unanimously.
First reading of ordinance #05-25, an ordinance to annex certain territory east of current corporate boundaries adjacent to Rocky Fork Road and including parcels running north to Kidd Road and adjacent properties and to incorporate same within the corporate boundaries of the Town of Nolensville. Planner Henry Laird noted this is a description of properties that is being considered for annexation. Counsel Notestine stated the process of an annexation, in addition to Engineer Woodroof pointing out the properties on a large map.
Alderman Dugger noted that there were nine property descriptions and the map indicates only seven properties.
Counsel Notestine noted that Silver Stream Development is a part of this annexation and the county has approved this development prior to our annexation. Mayor Knapper noted that once they go to the county they have vested rights.
Alderman Felts wanted clarification that we are annexing property that has been approved by the county.
Alderman Alexander stated that it was his understanding that this development was recently on the county’s agenda and then was removed. Why was this removed? Mr. Moon, the owner of Silver Stream, stated that the county was waiting on Nolensville’s comments in regards to the roads.
Alderman Dugger asked for clarification in regards to Section 2 of the ordinance. Counsel Notestine stated that it is his understanding that once annexation is completed, Silver Stream will have preliminary plat approval through the county.
Mr. Aubrey Short (from the audience) asked why are you annexing if you have to abide by the county regulations.
Alderman Curtsinger stated that he had several questions. He asked if the town would be annexing all of the roads – Fly and Kidd. Mayor Knapper stated that the town would take the roads. Alderman Curtsinger asked if Silver Stream has preliminary plat with the town.
Counsel Notestine stated that he had not seen the preliminary plat, although this development could possibly have final plat approval by the time Nolensville’s annexation is final.
Alderman Curtsinger asked if we should have had this information to see what we are annexing. Counsel Notestine stated that if this is approved the Planning Commission has 90 days to make their recommendation in regards to the Plan of Service. Alderman Curtsinger asked if it would be better to split this into two annexations. He further stated that he would like to see a financial plan for the next five to ten years. Mayor Knapper stated that this information would be in the Plan of Service.
Engineer Woodroof stated that once this property is annexed the town would receive the adequate facilities tax from the homes that are built.
Alderman Alexander asked the conditions of the preliminary plat approval. Mr. Moon stated that there were two conditions made by the Town of Nolensville. The development will give right away across from the development. Additionally, the development will provide engineering drawings of Rocky Fork Road. Engineer Woodroof stated that the drawing was submitted yesterday and the deadline was Monday.
Alderman Curtsinger asked about the realignment of Rocky Springs Road. Mr. Moon said that road is across from his development.
Alderman Alexander asked how many lots were in the development and what is the density. Mr. Moon stated there are 370 lots with the density being 1.8.
There was extensive discussion on separating the properties and making two annexation ordinances. Alderman Curtsinger stated his concern was with the terminology and not having to abide by the sprinkler ordinance.
Mayor Knapper made a motion to approve this ordinance, Alderman Dugger seconded and this passed with Mayor Knapper, Aldermen Alexander, Dugger, and Felts for and Alderman Curtsinger against.
First reading of ordinance #05-26, an ordinance to amend the Nolensville Municipal Code in regards to roads. Alderman Curtsinger distributed pictures that showed safety issues. He noted an ambulance could not get through due to the cars parked on the side of the roads.
Alderman Curtsinger asked for Police Chief Rigsby comments, in addition to Fire Chief Hughes. Chief Rigsby stated that since a police vehicle is smaller he has not had a problem with this issue, but could see where the fire department may have problems. Chief Hughes stated that there have already been incidences during the day and evening that the large fire trucks could not get through to the call. Alderman Curtsinger stated that this needs to be rectified now. Alderman Curtsinger made a motion to approve this ordinance, Alderman
Felts seconded.
Alderman Dugger stated that most of the pictures are in the new developments and this is private property. He stated that if we were trying to solve the construction parking this ordinance would not help this situation. He noted that this would affect people with yard sales, block parties, or events at people’s homes that have no other parking.
Alderman Curtsinger stated that this ordinance is looking into the future.
Alderman Felts noted that this would affect the block parties and events. He asked if an ordinance could be done that would address the construction issue. Counsel Notestine stated that we cannot have jurisdiction until the roads are turned over to the town. Alderman Alexander stated that if they are building homes, then they are dedicated roads. Counsel Notestine stated that normally a formal dedication is performed and this is done in resolution form. He noted that in the past, when the maintenance bond is released from the road, the road is then accepted by the town in resolution form.
Alderman Curtsinger stated that there have been two known emergencies that vehicles could not get down the road. Additionally buses have trouble traveling down the streets when cars are parked on the side of the road. He stated that we have a real problem if this is not addressed now. Alderman Dugger asked if there had been a problem where there was not construction. Chief Hughes stated that there had been a call in Bent Creek at night, when no construction traffic was there.
Alderman Alexander asked if a workshop could be planned to discuss this ordinance. Alderman Curtsinger stated that if anything happens it puts the liability on the town. Mayor Knapper stated that was a very dangerous statement. He asked Counsel if this statement were true. Counsel Notestine stated that due to municipalities having tort liability we are immune to some lawsuits. He stated it would be hard to say due to the town not officially having the roads.
Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded and this ordinance passed with Mayor Knapper, Aldermen Alexander, Curtsinger, and Felts for, Alderman Dugger was against.
Reading of Resolution #05-13, a resolution to adopt the National Incident Management System. Chief Rigsby described this resolution and noted that by October 1, 2006, all officers will be trained and will be in compliance with this resolution. This has been mandated by the State of Tennessee. Chief Hughes noted that he has taken the required test for this compliance. Alderman Felts made a motion to approve this resolution as read, Alderman Alexander seconded and this passed unanimously.
The agenda addendum was then brought forward. First reading of ordinance #05-27, an ordinance to make certain amendments to Ordinance #05-01, requiring the installation of automatic fire sprinkler systems. Alderman Curtsinger stated that this ordinance is being cosponsored by Alderman Felts. He noted that the International Building Code that we have adopted has passed and mandates sprinklers without an opt out. We know this is out there and if there is a conflict it will be up to the fire chief to make this decision. Counsel Notestine noted that this ordinance references the 2006 Edition, if this ordinance is passed tonight he recommends that this be removed because the town has not adopted this edition. Mayor Knapper then called on Michael Blanks, town Building Inspector, to interject. Mr. Blanks stated that it is his understanding that no municipalities have adopted the 2006 Edition. He noted that the Town of Nolensville is currently working from the 2003 Edition and most cities are still working from the 2000 edition.
Alderman Dugger noted that it is being said that we are mandated to adopt 2006 and this is not correct. In March of this year this board adopted the 2003 edition and it is his understanding that you do not immediately adopt the latest edition in order for the kinks to be worked out of the latest edition.
Fire Chief Hughes stated that forget Life Safety Code 2006, according to the your Life Safety Code it says that you will have the latest edition. We are not asking you to adopt Life Safety 2006. Chief Hughes stated that it would be mandated eventually and why not go ahead and adopt it now. He further stated that this is an issue on life safety. He noted that the state does not mandate which code to adopt, but you must adopt a code. He stated that he is merely asking this board to remove the “opt-out” clause.
Alderman Dugger asked for clarification on the deletion of various sections. He ask that
Alderman Curtsinger address each section.
Alderman Curtsinger made a motion to amend by adding the wording to the heading and within the document, “ordinance 04-02, as amended by ordinance #05-01” and delete the clause that has Life Safety Code 2006 edition; this was seconded by Alderman Felts. This amendment was approved unanimously. The vote was then taken on the approval of the ordinance as amended, with Mayor Knapper, Aldermen Alexander, Curtsinger, and Felts for and Alderman Dugger against.
Mayor Knapper adjourned the meeting at 9:30 p.m.
Respectfully submitted, Approved,
Cindy Lancaster                           Charles F. Knapper
Town Recorder                             Mayor
2005-09 BOMA
Board of Mayor and Aldermen
Regular Meeting, Nolensville Elementary School,
Thursday, September 1, 2005, 7:00 p.m.

Mayor Charles Knapper opened the meeting at 7:01 p.m. Members present were Mayor
Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts.
Counsel Robert Notestine, Town Planner Henry Laird, and Recorder Cindy Lancaster. Town
Engineer Rich Woodroof was absent. There were 35 citizens present.
Mayor Knapper announced that Agenda item #9, the public hearing of ordinance #05-17, to
amend the zoning map to rezone property currently Village (V) to Village Fringe (VF) would
be withdrawn.
Mr. Willis Wells led the prayer and pledge.
Mayor Knapper then asked if there were any citizens that had comments.
Mr. Matt Happel, Sam Donald Road, stated that during the initial plans of a development
adjacent homeowners are to be notified. There should be some type of buffer between the
development and homeowner. Counsel Notestine stated that adjacent property owners do not
have to been notified. Mr. Happel said the developer should notify the homeowners.
Mr. Jerry Lawson, who had signed up, stated he had no comment.
Mr. Grady Shotwell 2356 Rocky Fork Road, spoke on the devastation in New Orleans. He
relayed to the Board that he would like to see a fund set up, if one has not already be
initiated, for these victims.
Mr. Happel, returned to the podium and noted that he was on the Sunset Elementary School
Playground Committee. He requested from the Board a donation to the School Playground.
The Mayor stated that $4,000 had been allocated to the school in this fiscal year budget. He
was instructed to have the school request the funding from town hall in writing. Mr. Happel
thanked the board.
Ms. Cindy Arnold, stated that she had a quick question in regards to the blasting. She stated
that for the past two days it has felt like an earthquake. She asked if the state would be
contacting the residents. Mayor Knapper stated that he would contact the state.
There was no further citizen input.
Alderman Dugger made a motion to approve the minutes from August 4, and August 23,
2005, Alderman Curtsinger seconded. The minutes were approved unanimously.
Recorder Lancaster noted that general fund cash on hand $784,263.36 with cash
disbursements of $95,000. She noted this was due to three payrolls in August and the
$20,000 police car payment. She further noted State Street Aid Cash on hand being
$53,110.57, with total cash on hand being $837,373.93.
Mr. Willis Wells Planning Commission Member reported the following:
  • Britain Plaza was approved.
  • Yorkshire development was deferred.
  • McCanless asked for a variance. This was approved.
  • Street trees were discussed and Engineer is to have a drawing prepared.
  • Cul-de-sac radius was discussed. Fire Chief will report back with input.
  • Open space criteria recommendations were accepted.
  • Land Use Policy was accepted.
  • Bond for McFarlin Phase I & II was called.
Betty Friedlander reported for the Historic Commission:
  • Noted this Commission has not met.
  • An administrative decision had been made.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • September 23 – 25 will be a FEMA disaster exercise.
  • Fire Protection Week will be October 9 – 15.
  • NFPA passed sprinkler requirement in one and two family dwellings. This will affect the Life Safety Code 101 adopted by the town.
Mayor Knapper reported for the Codes Department.
  • Due to Mr. Woodroof’s absence, there was no report.
Officer David Heldstrom reported for the Police Department.
  • Officer Heldstrom introduced himself.
  • Stated a written report was submitted.
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
  • Mr. Shotwell asked who would be cleaning up the tree on Newsome Lane from the storm. Mayor Knapper stated this would be reviewed.
Mayor Knapper’s report:
Mayor Knapper noted that the “Joe Rossi” Road Memorial ceremony was held on Saturday.
Henry Laird, Rich Woodroof, Bill Terry and Don Swartz reviewed the Major Transportation
Plan and comments were made. It was given back to the consultant. The new draft has been
submitted and any comments from the board should be given to Mayor Knapper prior to the
next Planning Commission meeting.
Mayor Knapper showed a map noting that he has been informed that some property owners
have requested a friendly annexation. Staff has begun on this process. There are a couple of
properties in between that the town may be asking if they would like to be annexed. Mayor
Knapper noted that this is a formal announcement. Alderman Alexander asked if there was
sewer connection down Kidd Road. Mayor Knapper stated that he just received word that
sewer would be available.
Mayor Knapper noted that a letter did go out to the newly annexed area residents.
Mayor Knapper stated that the public hearing for ordinance 05-17, an ordinance to amend the
zoning map of Nolensville, to rezone property currently Village (V) to Village Fringe (VF)
had been postponed at this time.
Public hearing for Ordinance #05-21, an ordinance to amend the zoning ordinance 04-09, to
approve a concept plan for a Planned Unit Development Overlay known as the Reserve at
Bent Creek opened at 7:34. Counsel Notestine noted that this process is required by law and
the floor was opened for public input.
Mrs. Jackie Hicklin, 2408 Rocky Fork Road, stated that with five subdivisions being built the
town is now saturated.
Mr. Eric McNeely, with Cates-Kottas Development, stated that he has met with Mr. Happle
to discuss his concerns. He noted that he had come before the Planning Commission for this
development. He further stated that he could have gone to the county for approval, although
came to the Town of Nolensville.
Mrs. Cindy Arnold, Dortch Lane, stated she understands they could have gone to the county,
but she would like to see regular subdivisions and no PUD’s.
Alderman Dugger asked if Mr. McNeely would have comments in regards to Mr. Happle’s
property in regards to the buffering by next month? Alderman Alexander noted that there
was discussion in regards to connecting to Bent Creek and it was stated that this would be
documented. Has this been done? Mr. McNeely stated that his development is willing to
make this commitment. He noted that it would be in the minutes and it will be in the Kellick
paperwork. Alderman Alexander ask that it be put on the map in addition to being in the
minutes. Counsel Notestine stated that it could be written on the plat. Alderman Alexander
stated that he would like to see a drawing with this submitted by Mr. McNeely’s company.
Alderman Curtsinger stated that this is a serious matter and should have a map showing this.
The public hearing closed at 7:40.
Second reading of ordinance 05-16 an ordinance to amend the zoning ordinance 04-09 in
regards to Urban Residential zoning district in order to improve upon the objectives of this
district. Alderman Alexander went over this ordinance at length. He noted that if someone
requested an overlay it would have to go to the Planning Commission and then before the
Board of Mayor and Aldermen. This ordinance gives much more control. Alderman
Dugger stated that at first he was leery of this ordinance, although he is more comfortable
currently. Alderman Dugger made a motion to amend by changing the following, “The
maximum density for single family detached housing is 4 units/acre with a minimum lot size
of 8,000 square feet. The maximum density for attached housing is 4 units/acre.” Alderman
Felts seconded and this amendment was approved unanimously. Alderman Dugger then
asked for clarification in regards to the current UR zone. Counsel Notestine stated that this
ordinance eliminates PUD’s, but creates a category as URPUD. Alderman Curtsinger stated
that he felt it was important that this ordinance go through, because it gives this board
control. Alderman Alexander made a motion to approve as amended, Alderman Curtsinger
seconded and this ordinance passed on second reading.
Second reading of ordinance 05-18, an ordinance to amend the zoning ordinance 04-09 in
regards to the treatment of automotive and other vehicular sales. Counsel Notestine stated
that this ordinance is much more comprehensive. Town Planner Henry Laird discussed this
ordinance going over the conditions and changes the board had requested to implement into
this ordinance at the last meeting. Counsel Notestine stated that current car lots would be
grandfathered. Alderman Dugger made a motion to amend this ordinance with Mr. Laird’s
recommendations, which are to add the following to Section 2.6.0 Automotive/Vehicular
Sales and Service:
H. All buildings and vehicle loading areas must be located a minimum of 200 feet from any existing residential uses.
I. Minimum street frontage at 300’.
K. Minimum building setback at 100’ from r-o-w.
L. Cannot be located on any part of another land use (e.g.; in front of an office or store).
Alderman Curtsinger seconded and this amendment passed unanimously. Mayor Knapper
made a motion to approve this ordinance as amended, Alderman Curtsinger seconded and
this passed unanimously.
Second reading of ordinance 05-19, an ordinance to amend the zoning ordinance 04-09 in
regards to the regulation of food service stands. Counsel Notestine briefly explained this
ordinance noting that Town Planner Henry Laird prepared this document. Alderman Dugger
asked if anyone had thought of anything making this a stronger ordinance. Alderman
Curtsinger stated that the storage of a food stand had not been discussed. Alderman
Alexander stated that currently there is one being stored in the town limits and staff is aware
of this issue. Alderman Felts made a motion to approve this as read, Alderman Curtsinger
seconded and this passed unanimously.
Second reading of ordinance 05-20, an ordinance to amend the zoning ordinance 04-09 in
regards to delineating interior parking in Appendix B, and landscaping, buffering and tree
protection. Counsel Notestine briefly described this ordinance and Mr. Laird noted that this
brings clarity and makes this document more defined. Alderman Felts made a motion to
approve this ordinance, Alderman Dugger seconded and this passed unanimously.
First reading of ordinance #05-22, an ordinance to amend the zoning map and text of the
zoning ordinance #04-09, to create an annexation buffer overlay. Counsel Notestine noted
that this is an important and positive ordinance. This zones the newly annexed area to
Suburban Residential (SR). He noted that currently there is an agreement with Brentwood
that discusses zoning and this would be an overlay for that area. This ordinance is the result
of a lawsuit that was recently heard. Mr. Laird then went over several aspects of this
ordinance. Counsel Notestine reiterated that this is the first reading of this ordinance. Mayor
Knapper made a motion to approve this ordinance as read, Alderman Felts seconded and this
passed unanimously.
First reading of ordinance #05-23, an ordinance to amend the zoning ordinance #04-09, to
revise standards for open space for Planned Unit Developments. Counsel Notestine noted
this ordinance discusses design and then turned this over to Mr. Laird. Mr. Laird noted that
this clarifies standards and has been recommended by the Planning Commission. It makes
this clearer and the result is a better open space product. He noted that it stresses preserving
the natural features of the site. It restricts the amount of open space that can be counted in
the flood plain. He further noted that there are 12 criteria that must be abided. Mayor
Knapper stated that looking through the Planning Commission minutes this was passed
unanimously. Alderman Felts stated that instead of passing an ordinance for PUD’s we need
to pass an ordinance for standard subdivisions. Mayor Knapper noted that he spoke to a
developer in the past couple of days discussing a standard subdivision. Counsel Notestine
stated that PUD’s go to the Planning Commission and then to the Board of Mayor and
Aldermen for approval. With a standard subdivision the Planning Commission only
approves it. Mayor Knapper stated that he had recently met with Reverend Jones, a resident
on York Road. He stated that previously it was mentioned that there are too many
subdivisions. We are in America and the town cannot dictate to property owners that they
cannot sell their land. Alderman Curtsinger made a motion to approve this ordinance on first
reading, Alderman Alexander seconded and this passed unanimously.
Other:
Alderman Curtsinger noted that Clovercroft Road has been closed for almost one month. He
asked if the town has any way of enforcing the length of time a road can be closed. Mayor
Knapper stated that he would be checking into this road being closed.
Alderman Curtsinger stated that there were no plats to look at with the new road (behind
cemetery), there are driveway cuts. This issue needs to be addressed. Further Alderman
Curtsinger stated an ambulance would have trouble getting through Bent Creek with the road
being blocked by automobiles. There needs to be an ordinance for this problem. Mayor
Knapper stated that Alderman Curtsinger could prepare an ordinance to address this issue.
Alderman Curtsinger noted that the cuts that were made on Rocky Fork Road are dangerous
and this needs to be repaired as soon as possible.
Mr. Shotwell reminded the crowd that the Broken Wheel Festival would be held this
weekend.
Mr. Frank Wilson stated that the road cuts that Alderman Curtsinger was discussing are on
his property. He stated that he has a signed contract with the developer and those road cuts
are in the contract. He further stated that he had a map showing these cuts.
Mayor Knapper adjourned the meeting at 8:15 p.m.
Respectfully submitted, Approved,
Cindy Lancaster                               Charles F. Knapper
Town Recorder                                 Mayor
2005-08 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, August 4, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:01 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 27 citizens present.
Mr. Frank Wilson led the prayer and pledge.
Mayor Knapper ask the board for permission to change the agenda order noting that Mr. Gerald Swetman, Postmaster of the Nolensville Post Office was in attendance. Mr. Swetman introduced himself to the board and public. After this introduction, Mayor Knapper performed the Oath of Office for Police Chief Paul Rigsby. Chief Rigsby then introduced Mr. Karl Tartt the new part-time police officer for the Town of Nolensville.
Mayor Knapper then asked if there were any citizens that had comments.
Ms. Susan Hobbs, 870 Dortch Lane, noted that Sheldon Park had begun construction and she remembered the developer stating that they would be visiting homes on Alec Court, Dortch Lane and adjacent streets to take pictures prior to blasting. She noted that she did contact the developer and he came to her home. Alderman Curtsinger stated that he remembered the blasting company would be coming by homes and this was state regulated. She further stated that the flag at the corner of the Shell station is tattered and torn. Mayor Knapper stated that this belongs to the homeowners association.
Ms. Katy Jones, Clovercroft Road, directed comments to Alderman Felts, noting that she did not want any hard feelings that the road had noting to do with Joe Rossi, although had to do with genealogy.
Ms. Jackie Hicklen stated that she had noting to say at this time.
There was no further citizen input.
Alderman Curtsinger made a motion to approve the minutes from July 7, and July 26, 2005,
Alderman Alexander seconded. The minutes were approved unanimously.
Recorder Lancaster noted that due to a computer glitch there would not be a treasurer’s report, although would be forthcoming next week.
Mr. Willis Wells Planning Commission Member reported the following:
  • There were concerns of lot size in Yorkshire development.
  • Brittain Plaza was put off until next month (aka Yazdian Property).
  • Major Thoroughfare Plan passed unanimously.
  • Ballenger Farms Phase II has minor issues. Revised plat to be brought back.
  • Lot 3 Haley Industrial was approved with minor issues.
  • Bent Creek Phase II Final, all comments had been addressed and was approved.
  • Monthly Bond report was passed unanimously.
Betty Friedlander reported for the Historic Commission:
  • Due to Mrs. Friedlander’s absence there was no report.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Noted currently have 28 members and 2 applications are being reviewed.
  • Two members have enrolled in EMT course.
  • Homeland Security will have a 72-hour exercise.
  • First Tennessee Bank had a reception for the Fire Department and he thanked the Aldermen for attending.
Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.
  • Noted Codes computer program was not functioning properly, therefore accurate numbers were not available at this time.
  • Henry Laird has been working hard on the zoning ordinance revisions.
  • Bonds for Section I & II of McFarlin Woods has been called.
 
Alderman Curtsinger inquired about the paving on Cowan Drive. Engineer Woodroof stated that it has been requested to pave and it is on the punch list. Alderman Curtsinger further asked if the drainage at Oak Creek had been fixed. Engineer Woodroof stated that it has not been addressed, although he has met with the contractor.
Chief Paul Rigsby reported for the Police Department.
  • Stated a written report was submitted.
  • Noted staff is currently low, although new hire applications are being reviewed.
  • Hoping to be fully staffed within 60 days.
  • Officer Joe Baynham was praised for the good work he has done noting he has gone above and beyond.
 
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
Mayor Knapper’s report:
Mayor Knapper noted that today he met with various representatives on funding for TDOT in regards to the bypass. He noted that it would take about one year to perform the various studies. Within that year we can show our intent and it will then move up the ladder.
He further noted that Mr. Dennis Cook with TDOT has been working on traffic signals on Sunset and Clovercroft Roads. He stated that this would not be a cost to the town.
Mayor Knapper stated that the Town of Nolensville has received a $7,800 grant for signs.
Mayor Knapper encouraged everyone to attend the Williamson County Fair. He noted that every hotel in Williamson County is booked for this event. Counsel Notestine reported on the litigation issues. He noted that settlement has been reached with the annexation. The interlocal agreement is on the same path. It is hoped to have both of these completed within the month of August.
Public hearing of ordinance 05-16 an ordinance to amend the zoning ordinance 04-09 in regards to Urban Residential zoning district in order to improve upon the objectives of this district opened at 7:32. Alderman Alexander stated that this is an attempt to clarify some discrepancies within the UR zoning. Counsel Notestine reminded the audience that this is a public hearing and no vote will be taken tonight. Alderman Curtsinger asked for clarification that this only applies in the UR zone. Alderman Alexander stated that this is an overlay for the UR zone. Town Planner Laird stated that this is written to be a UR Planned Development not an overlay. The density and bulk standard were revised. The public hearing ended at 7:36.
Public hearing of Ordinance 05-17 an ordinance to amend the zoning map of Nolensville to rezone property currently Village (V) to Village Fringe (VF) opened at 7:36. Town Planner
Mr. Laird stated that the proper notifications were not sent, therefore the public hearing will be held next month.
Public hearing of Ordinance 05-18, an ordinance to amend the zoning ordinance 04-09 in regards to the treatment of automotive and other vehicular sales opened at 7:37. Counsel Notestine noted that this ordinance defines automotive and vehicle sales. Town Planner Laird stated that the board had made some suggestions last month. Mr. Laird made various suggestions and Mayor Knapper ask that those be placed in written form and presented to the Board next month. The public hearing was closed at 7:40.
Public hearing of Ordinance 05-19, an ordinance to amend the zoning ordinance 04-09 in regards to the regulation of food service stands opened at 7:40. Mr. Laird described this ordinance noting that food stands will be approved with a temporary festival permit only.
The public hearing was closed at 7:42.
Public hearing of Ordinance 05-20, an ordinance to amend the zoning ordinance 04-09 in regards to delineating interior parking in Appendix B, and landscaping, buffering and tree protection opened at 7:42. Counsel Notestine noted that this is a “clean-up” ordinance.
Engineer Woodroof stated that this ordinance clarifies parking lots. The public hearing closed at 7:44.
Second reading for Ordinance 05-13, an ordinance to amend zoning ordinance 04-09 in regards to review standards. Counsel Notestine described this ordinance briefly. Alderman Felts made a motion to approve this ordinance, Alderman Dugger seconded and this passed unanimously.
Second reading for Ordinance 05-14, an ordinance to amend ordinance 04-09 in regards to underground utilities. Counsel Notestine briefly described this ordinance. Engineer Woodroof stated that it is difficult for an industrial park to install underground utilities. Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously on second reading.
Second reading for Ordinance 05-15, an ordinance to amend the zoning map from Suburban Residential (SR) to Commercial Service (CS) was opened. Mayor Knapper stated that this has been asked to be deferred and brought back at a later date. Mayor Knapper made a motion to postpone this reading at the owner’s request, Alderman Dugger seconded and this was approved unanimously.
Reading of Resolution 05-12, a resolution to enter into a lease agreement for Town Hall for the Town of Nolensville. Counsel Notestine stated that the lease is basically the same as the previous lease that has been signed. He noted that the difference with this lease is a ninetyday clause which allows the town to notify the landlord within ninety-day’s of moving.
Mayor Knapper wanted to add that a meeting with TDOT today stated that the 1.9 mile bypass could cost approximately $100,000 per mile. TDOT wants to partner with Nolensville to construct the by-pass. The second item he noted was a meeting with School Superintendent Rebecca Schwab and this facility (Nolensville Elementary School) would become available in 2007. Alderman Felts made a motion to approve the resolution, Mayor Knapper seconded and this passed unanimously.
The Agenda Addendum was then addressed. First reading of Ordinance 05-21, an ordinance to approve a concept plan for a Planned Unit Development overlay known as the Reserve at Bent Creek Planned Unit Overlay. Counsel stated that this is the Reserve beside Bent Creek.
He noted that this has gone before the Planning Commission and was passed. Mr. Eric Neely with the Bent Creek development addressed the board and stated they have been before the Planning Commission on two different occasions in regards to this Reserve. He noted that the biggest focus was on the connectivity between this piece of property and Bent Creek. He stated that the Planning Commission requirements were met. Mr. Woodroof noted that they would have to return to the Planning Commission to review a turning lane. Alderman Dugger asked for the vote from the Planning Commission. It was noted that they had voted unanimously in favor of the plan. Alderman Alexander asked if the property was sold would requirements be eliminated. Counsel stated that if criteria is within the minutes it is considered an “agreement”, although the minutes must reflect the criteria. Alderman Alexander stated that we want to be assured that the road will go through and houses cannot be built up to it. It was noted that this could come back for second reading with these changes. Alderman Dugger noted that they did come to the town for a friendly annexation and if they would have gone to the county they could have built more homes. Alderman Curtsinger stated that this is a PUD. He stated that he did not understand why we are in such a big hurry to grant a PUD. Alderman Curtsinger stated that if you want a PUD, what concessions are you going to make. At the last workshop Alderman Felts said that he didn’t want to see any other postage stamp subdivisions. This is exactly what this is. Alderman Curtsinger asked what you are going to give the town? Mr. Neely stated that he could have gone to the county and obtained approval for more homes. Alderman Dugger made a motion for approval, Alderman Alexander seconded and this passed with Aldermen Alexander and Dugger, and Mayor Knapper for, Aldermen Curtsinger and Felts against.
Discussion began in regards to the Code of Ethics. Alderman Dugger stated that it appears only four Board members have submitted their comments. Alderman Felts stated that once all the forms are submitted the board will sit down and review for a final document. Mayor Knapper asked that counsel review the final documents. Mayor Knapper stated that he would submit various dates to choose for meeting on this issue.
Mayor Knapper adjourned the meeting at 8:09 p.m.
Respectfully submitted, Approved,
Cindy Lancaster                             Charles F. Knapper
Town Recorder                               Mayor
2005-08 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, August 4, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:01 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 27 citizens present.
Mr. Frank Wilson led the prayer and pledge.
Mayor Knapper ask the board for permission to change the agenda order noting that Mr. Gerald Swetman, Postmaster of the Nolensville Post Office was in attendance. Mr. Swetman introduced himself to the board and public. After this introduction, Mayor Knapper performed the Oath of Office for Police Chief Paul Rigsby. Chief Rigsby then introduced Mr. Karl Tartt the new part-time police officer for the Town of Nolensville.
Mayor Knapper then asked if there were any citizens that had comments.
Ms. Susan Hobbs, 870 Dortch Lane, noted that Sheldon Park had begun construction and she remembered the developer stating that they would be visiting homes on Alec Court, Dortch Lane and adjacent streets to take pictures prior to blasting. She noted that she did contact the developer and he came to her home. Alderman Curtsinger stated that he remembered the blasting company would be coming by homes and this was state regulated. She further stated that the flag at the corner of the Shell station is tattered and torn. Mayor Knapper stated that this belongs to the homeowners association.
Ms. Katy Jones, Clovercroft Road, directed comments to Alderman Felts, noting that she did not want any hard feelings that the road had noting to do with Joe Rossi, although had to do with genealogy.
Ms. Jackie Hicklen stated that she had noting to say at this time.
There was no further citizen input.
Alderman Curtsinger made a motion to approve the minutes from July 7, and July 26, 2005,
Alderman Alexander seconded. The minutes were approved unanimously.
Recorder Lancaster noted that due to a computer glitch there would not be a treasurer’s report, although would be forthcoming next week.
Mr. Willis Wells Planning Commission Member reported the following:
  • There were concerns of lot size in Yorkshire development.
  • Brittain Plaza was put off until next month (aka Yazdian Property).
  • Major Thoroughfare Plan passed unanimously.
  • Ballenger Farms Phase II has minor issues. Revised plat to be brought back.
  • Lot 3 Haley Industrial was approved with minor issues.
  • Bent Creek Phase II Final, all comments had been addressed and was approved.
  • Monthly Bond report was passed unanimously.
Betty Friedlander reported for the Historic Commission:
  • Due to Mrs. Friedlander’s absence there was no report.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Noted currently have 28 members and 2 applications are being reviewed.
  • Two members have enrolled in EMT course.
  • Homeland Security will have a 72-hour exercise.
  • First Tennessee Bank had a reception for the Fire Department and he thanked the Aldermen for attending.
Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.
  • Noted Codes computer program was not functioning properly, therefore accurate numbers were not available at this time.
  • Henry Laird has been working hard on the zoning ordinance revisions.
  • Bonds for Section I & II of McFarlin Woods has been called.
 
Alderman Curtsinger inquired about the paving on Cowan Drive. Engineer Woodroof stated that it has been requested to pave and it is on the punch list. Alderman Curtsinger further asked if the drainage at Oak Creek had been fixed. Engineer Woodroof stated that it has not been addressed, although he has met with the contractor.
Chief Paul Rigsby reported for the Police Department.
  • Stated a written report was submitted.
  • Noted staff is currently low, although new hire applications are being reviewed.
  • Hoping to be fully staffed within 60 days.
  • Officer Joe Baynham was praised for the good work he has done noting he has gone above and beyond.
 
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
Mayor Knapper’s report:
Mayor Knapper noted that today he met with various representatives on funding for TDOT in regards to the bypass. He noted that it would take about one year to perform the various studies. Within that year we can show our intent and it will then move up the ladder.
He further noted that Mr. Dennis Cook with TDOT has been working on traffic signals on Sunset and Clovercroft Roads. He stated that this would not be a cost to the town.
Mayor Knapper stated that the Town of Nolensville has received a $7,800 grant for signs.
Mayor Knapper encouraged everyone to attend the Williamson County Fair. He noted that every hotel in Williamson County is booked for this event. Counsel Notestine reported on the litigation issues. He noted that settlement has been reached with the annexation. The interlocal agreement is on the same path. It is hoped to have both of these completed within the month of August.
Public hearing of ordinance 05-16 an ordinance to amend the zoning ordinance 04-09 in regards to Urban Residential zoning district in order to improve upon the objectives of this district opened at 7:32. Alderman Alexander stated that this is an attempt to clarify some discrepancies within the UR zoning. Counsel Notestine reminded the audience that this is a public hearing and no vote will be taken tonight. Alderman Curtsinger asked for clarification that this only applies in the UR zone. Alderman Alexander stated that this is an overlay for the UR zone. Town Planner Laird stated that this is written to be a UR Planned Development not an overlay. The density and bulk standard were revised. The public hearing ended at 7:36.
Public hearing of Ordinance 05-17 an ordinance to amend the zoning map of Nolensville to rezone property currently Village (V) to Village Fringe (VF) opened at 7:36. Town Planner
Mr. Laird stated that the proper notifications were not sent, therefore the public hearing will be held next month.
Public hearing of Ordinance 05-18, an ordinance to amend the zoning ordinance 04-09 in regards to the treatment of automotive and other vehicular sales opened at 7:37. Counsel Notestine noted that this ordinance defines automotive and vehicle sales. Town Planner Laird stated that the board had made some suggestions last month. Mr. Laird made various suggestions and Mayor Knapper ask that those be placed in written form and presented to the Board next month. The public hearing was closed at 7:40.
Public hearing of Ordinance 05-19, an ordinance to amend the zoning ordinance 04-09 in regards to the regulation of food service stands opened at 7:40. Mr. Laird described this ordinance noting that food stands will be approved with a temporary festival permit only.
The public hearing was closed at 7:42.
Public hearing of Ordinance 05-20, an ordinance to amend the zoning ordinance 04-09 in regards to delineating interior parking in Appendix B, and landscaping, buffering and tree protection opened at 7:42. Counsel Notestine noted that this is a “clean-up” ordinance.
Engineer Woodroof stated that this ordinance clarifies parking lots. The public hearing closed at 7:44.
Second reading for Ordinance 05-13, an ordinance to amend zoning ordinance 04-09 in regards to review standards. Counsel Notestine described this ordinance briefly. Alderman Felts made a motion to approve this ordinance, Alderman Dugger seconded and this passed unanimously.
Second reading for Ordinance 05-14, an ordinance to amend ordinance 04-09 in regards to underground utilities. Counsel Notestine briefly described this ordinance. Engineer Woodroof stated that it is difficult for an industrial park to install underground utilities. Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously on second reading.
Second reading for Ordinance 05-15, an ordinance to amend the zoning map from Suburban Residential (SR) to Commercial Service (CS) was opened. Mayor Knapper stated that this has been asked to be deferred and brought back at a later date. Mayor Knapper made a motion to postpone this reading at the owner’s request, Alderman Dugger seconded and this was approved unanimously.
Reading of Resolution 05-12, a resolution to enter into a lease agreement for Town Hall for the Town of Nolensville. Counsel Notestine stated that the lease is basically the same as the previous lease that has been signed. He noted that the difference with this lease is a ninetyday clause which allows the town to notify the landlord within ninety-day’s of moving.
Mayor Knapper wanted to add that a meeting with TDOT today stated that the 1.9 mile bypass could cost approximately $100,000 per mile. TDOT wants to partner with Nolensville to construct the by-pass. The second item he noted was a meeting with School Superintendent Rebecca Schwab and this facility (Nolensville Elementary School) would become available in 2007. Alderman Felts made a motion to approve the resolution, Mayor Knapper seconded and this passed unanimously.
The Agenda Addendum was then addressed. First reading of Ordinance 05-21, an ordinance to approve a concept plan for a Planned Unit Development overlay known as the Reserve at Bent Creek Planned Unit Overlay. Counsel stated that this is the Reserve beside Bent Creek.
He noted that this has gone before the Planning Commission and was passed. Mr. Eric Neely with the Bent Creek development addressed the board and stated they have been before the Planning Commission on two different occasions in regards to this Reserve. He noted that the biggest focus was on the connectivity between this piece of property and Bent Creek. He stated that the Planning Commission requirements were met. Mr. Woodroof noted that they would have to return to the Planning Commission to review a turning lane. Alderman Dugger asked for the vote from the Planning Commission. It was noted that they had voted unanimously in favor of the plan. Alderman Alexander asked if the property was sold would requirements be eliminated. Counsel stated that if criteria is within the minutes it is considered an “agreement”, although the minutes must reflect the criteria. Alderman Alexander stated that we want to be assured that the road will go through and houses cannot be built up to it. It was noted that this could come back for second reading with these changes. Alderman Dugger noted that they did come to the town for a friendly annexation and if they would have gone to the county they could have built more homes. Alderman Curtsinger stated that this is a PUD. He stated that he did not understand why we are in such a big hurry to grant a PUD. Alderman Curtsinger stated that if you want a PUD, what concessions are you going to make. At the last workshop Alderman Felts said that he didn’t want to see any other postage stamp subdivisions. This is exactly what this is. Alderman Curtsinger asked what you are going to give the town? Mr. Neely stated that he could have gone to the county and obtained approval for more homes. Alderman Dugger made a motion for approval, Alderman Alexander seconded and this passed with Aldermen Alexander and Dugger, and Mayor Knapper for, Aldermen Curtsinger and Felts against.
Discussion began in regards to the Code of Ethics. Alderman Dugger stated that it appears only four Board members have submitted their comments. Alderman Felts stated that once all the forms are submitted the board will sit down and review for a final document. Mayor Knapper asked that counsel review the final documents. Mayor Knapper stated that he would submit various dates to choose for meeting on this issue.
Mayor Knapper adjourned the meeting at 8:09 p.m.
Respectfully submitted, Approved,
Cindy Lancaster                     Charles F. Knapper
Town                                       Recorder Mayor
2005-07 Special BOMA
Board of Mayor and Aldermen
Special Meeting, Nolensville Elementary School
Tuesday, July 26, 2005, 7:00 p.m.
 
Vice-Mayor Tommy Dugger opened the meeting at 7:11 p.m. Members present were Aldermen Jimmy Alexander, Joe Curtsinger, and Larry Felts. Mayor Knapper entered the meeting at 7:17. Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster were present with 7 citizens.
 
Alderman Felts led the prayer and pledge.
 
Vice-Mayor Dugger introduced Resolution 05-10, a resolution approving and authorizing execution of an amended Interlocal Agreement between the City of Brentwood and the Town of Nolensville. Vice Mayor Dugger noted that the agenda reflected ordinance 05-10. Recorder Lancaster stated that this should read resolution, not an ordinance. He then turned the floor over to Counsel Notestine to describe this resolution. Counsel noted that it was his understanding that the City of Brentwood passed this resolution last night at their meeting.
 
Alderman Alexander made a motion to accept the resolution, Alderman Curtsinger seconded. Town Engineer Woodroof asked counsel how this resolution would be enforced. Counsel Notestine noted that when the town receives a site plan for this property, a copy will be forwarded to Brentwood. Mr. Woodroof showed concern about the buffer and accurate distances. Although he further noted he was getting a head when realizing that this resolution deals with the triangle in the southeast corner.
 
Vice-Mayor Dugger noted that there is an attachment that sets out the boundaries of this amendment. Mayor Knapper then entered the meeting at 7:17. Vice-Mayor Dugger then turned the meeting over to Mayor Knapper.
 
Counsel Notestine noted that Mayor Knapper had concern that a map was not attached. He stated that there is not a new map, although this agreement amends the original map.
 
Alderman Dugger asked for clarification in regards to a structure being fully in the triangle versus touching and/or crossing the line and/or buffer. Counsel stated that the document states, “must be revenue derived from the site”.
 
Alderman Dugger asked if the Engineer and everyone was satisfied and comfortable with the description and map of the property. Engineer Woodroof and various yes’s were echoed.
 
Alderman Curtsinger asked when would local sales tax be paid. Counsel Notestine stated that when a business starts it will begin paying and this will be paid annually.
 
Mayor Knapper stated that the board felt this would be a win-win situation and any percentage of the local sales tax would be better than no sales tax.
 
Alderman Dugger again asked for clarification in regards to the first sales tax received. Is the twelve years for an individual parcel or the “triangle” as a whole? Counsel stated it is for the triangle as a whole.
 
Mayor Knapper asked for public comment.
There was no public comment other than a shout of approval from an individual in the crowd.
 
The vote was then taken with the board unanimously approving resolution #05-10.
 
Mayor Knapper noted that due to circumstances today, he would like to add resolution 05-11 under “other” on the agenda. The board was in agreement to do this. Counsel Notestine noted that the court case in regards to annexation was held today. An agreement was reached which is outline in resolution #05-11. He further stated that it was agreed that this would not be discussed and reargued in the media. He stated that it was agreed that Mayor Knapper would be making a statement to the media.
 
Alderman Felts made a motion to approve this resolution, Alderman Dugger seconded. Alderman Curtsinger asked if there is a time frame that the annexation will be complete. Counsel stated that it will be drawn up and filed with the court. The court normally holds this type of document seven to ten days. After this period the annexation is complete.
 
Mayor Knapper asked for public comment. Again, there was no public comment other than a shout of approval from an individual in the crowd
 
Mayor Knapper adjourned the meeting at 7:32 p.m.
 
Respectfully submitted, Approved,
 
 
Cindy Lancaster Charles F. Knapper
Town Recorder Mayor
2005-06 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, June 2, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:01 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts.
Counsel Robert Notestine, Town Engineer Rich Woodroof, Planner Henry Laird and Recorder Cindy Lancaster. There were 24 citizens present.
Mayor led the group in a moment of silence and the pledge.
Mayor Knapper briefly went over the rules for the conduct of the meeting. He then asked if there were any citizens that had comments.
Mr. Harold Shaffer, 2030 Williams Road, read an opposition of the recently passed sprinkler ordinance. He told the board they had made a bad mistake passing this ordinance.
Mr. Aubrey Short, 803 Rockwood Drive, stated that he had a point of order in regards to the duties of the Mayor and the duties of the Aldermen. He referred and read portions of the charter sections 6.3.106 and 6.4.101, noting the duties of the Mayor. He stated that he was disturbed by some of the recommendations from the Mayor and board members. He noted that there is a recall statute within the State that if you don’t do your job you should be recalled.
Mrs. Becky Gentry, Creekside Drive, stated that she was concerned about construction traffic. She asked the board to place “No Construction” signs down Newsome Lane. Engineer Rich Woodroof stated that he would be asking for board approval to place “No Construction” signs on Newsome Lane, Stonebrook and Oldham Drive.
Dr. Ted Behar, Sam Donald Road, discussed open space at Bent Creek. He is concerned that this is left to the developer to do as he pleases. There is not a buffer for the detention pond on Sam Donald and Bent Creek. He stated that we should ask Bent Creek to preserve trees and do landscaping. He urged the board to ask the developers to describe what they plan on putting in the open space when they come to the Planning Commission for plat approval.
Alderman Dugger stated that the Ravenwood High School orchestra would perform a free concert this Tuesday, June 7, at 7:00 p.m. at the recreation center.
There was no further citizen input.
Alderman Dugger made a motion to approve the minutes from April 7, 2005, Alderman Alexander seconded. Alderman Dugger noted that on page four of the minutes it states, “Alderman Curtsinger further stated that he wanted to go on record stating that TCA does not allow this vote and he will show this to counsel.” To his knowledge this has not been done. The minutes were approved unanimously.
Alderman Felts made a motion to approve the treasurer’s report, Alderman Alexander seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $683,477.78, with cash disbursements being $62,500. State Street Aid cash on hand was $113,004.41 with total cash on hand being $796,482.19. The treasurer’s report was unanimously approved.
Gillian Fischbach, with Fischbach Transportation addressed the audience. She introduced herself and handed out a draft plan. Ms. Fischbach went over the procedures of performing this study noting an increase in traffic on Nolensville Road. She noted Nolensville was in need of lighting and turn lanes. She noted that network issues and connecting issues were addressed. She further noted that this plan will go before the Planning Commission and will come back to the Board of Mayor and Aldermen for final approval. Alderman Alexander requested justification for a road going through the school and a planned development. Mayor Knapper noted that this would have to be reviewed and that portion will need to be removed.
Mr. Willis Wells Planning Commission Chair reported the following:
  • Amendments were approved for underground utilities.
  • Staff recommended to defer the Car Wash.
  • Bent Creek corner lots were changed to 20’ set backs.
  • Review standards were approved.
  • Town Hall recommendation for Clovercroft Road was passed.
  • Monthly bond report was received as read.
Alderman Dugger pointed out that Mr. Laird had two different issues with boats, autos and food stands that should be added to the Planning Commission minutes.
Betty Friedlander reported for the Historic Commission:
  • A team will be walking in the relay of life. Nolensvillians have raised $2,150.
  • Williamson County fair books are at Town Hall.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Fire Truck will arrive on Sunday night.
  • Addition to Fire Hall has been submitted to the County.
  • The storage building has been completed.
  • A letter was sent to the Board and encouraged them to read the last sentence.
Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.
  • 165 inspections were performed.
  • 43 permits issued.
  • 4 burn permits issued.
  • 3 garage sale permits issued.
  • Michael Blanks was hired as Inspector.
  • Sponsored the MS4 Muddy Water Blues Conference.
  • Paving on Rocky Fork Road is almost complete.
Mayor Knapper reported for the Police Department.
  • Stated a written report was submitted.
  • Noted candidates have been interviewed for Chief.
  • Mayor Knapper briefly went through the process of hiring the Chief.
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted.
Mayor Knapper’s report:
Mayor Knapper noted that the town is still awaiting the appraisal of the properties. He stated that he has spoken with the current landlord and he is going to extend the current lease with a five-year lease that will have a 90-day opt out clause. He stated with this news we are no longer under the gun. Mayor Knapper thanked the committee for their hard work. Alderman Curtsinger stated that he did not feel that the work was done. He spoke to the appraiser today and the Clovercroft property appraisal is complete, but the Kelley property is not. Alderman Curtsinger stated that he did not know why the appraiser was told to appraise that piece of property. Alderman Curtsinger stated that it is important for the board to approve a resolution for the Mayor to enter into a contract for the Clovercroft property. Alderman Curtsinger stated that the other option is not approved by FEMA. The Planning Commission and the Town Hall Committee wanted this done. A no vote and not moving forward puts Mr. Kelley in the position of calling the shots. I am asking that the resolution go before this board. Mayor Knapper noted that the appraisals are not complete. He further stated that the Planning Commission ignored the fact that the Comprehensive Plan was ignored. I am asking that we wait until the appraisal comes back.
Alderman Curtsinger stated that time is of the essence. So many people have endorsed this and everything was on the table. Alderman Curtsinger made a motion to suspend the rules to add an item to the agenda, Alderman Alexander seconded.
Alderman Dugger stated that he has never seen this board suspend the agenda in eight years. He further stated that he doesn’t see the rush. Alderman Dugger stated that a Planning Commissioner member made a statement at the last meeting that concerned him; the member stated that we need to move on this because Tonia has to move. This concerns me that a commissioner made this statement with a lady that is an employee of town hall. Alderman Felts stated that he has several questions on this property and the other piece of property. Alderman Alexander stated that he is disappointed that the appraisal has taken so long to complete. Mayor Knapper stated that the last appraisal that we received took approximately six weeks.
Alderman Curtsinger stated that if any member has questions put it out there. He stated that he does not understand why the Kelly property was ever appraised.
Mayor Knapper stated that this was done because these two properties were the only properties being discussed for town hall.
Alderman Curtsinger stated that it is important to know that this committee recommended this location. Alderman Alexander stated that the Planning Commission voted for this as a temporary solution, not a permanent home.
Mayor Knapper stated that now we do not have to be out of town hall by December 31. Alderman Curtsinger stated that you guys have had eight years to find a home. Alderman Dugger stated that is correct, that is why it should not go through quickly. The vote was then taken to suspend the rules with Aldermen Alexander and Curtsinger for, and Aldermen Dugger, Felts and Mayor Knapper against.
Counsel Notestine briefly described Ordinance #05-11 prior to the public hearing opening. The public hearing opened at 7:56.
Mr. Aubrey Short stated that he was not sure what this ordinance was about due to not enough information being on the agenda. Mr. Short referred to the City of Brentwood and Williamson County agendas and publishing these documents in the newspaper. Mayor Knapper stated that the Town of Nolensville has never published the agendas. Engineer Woodroof went over the changes that were in the ordinance noting that these were minor “housekeeping” changes.
Alderman Dugger asked Mr. Short if he got a copy of the ordinance when he was in the office picking up the agenda? Mr. Short stated that he did not.
The public hearing closed at 8:02.
Counsel Notestine briefly went over the budget ordinance #05-12, describing the process for this ordinance. The public hearing opened at 8:06.
Mr. Charles Lawson, York Road asked what percentage of facilities tax pays for salaries and other expenses. Mayor Knapper noted that the adequate facilities tax law spells out the conditions that this tax can be collected and it deals with infrastructure. Funds from this tax cannot be spent on day-to-day activity.
Mr. Aubrey Short stated that in the line item of fines and fees adequate facilities tax collected is $400,000 this shows that you are not budgeting correctly. Mayor Knapper stated that Mr. Short is incorrect. The town has had nine audits by the state and with the in house auditor. Figures have been reviewed by MTAS in the past and this is being performed correctly. Mayor Knapper noted that the fund balance is $589,713 with this figure added to the projected revenue for 2005-06 the total revenue is $1,685,663, with General Fund expenses being $939,709. This is a positive budget.
The public hearing was closed at 8:20.
Mayor Knapper thanked everyone for their input and comments. Alderman Alexander made a motion to approve this ordinance, Alderman Dugger seconded. After extensive discussion in regards to Nolensville Elementary School and the new Sunset School, Alderman Curtsinger made a motion to increase Nolensville Elementary line item to $6,000, Mayor Knapper seconded. Alderman Curtsinger stated that Nolensville Elementary has several needs currently and as other schools come on line they can receive funding. Alderman Dugger stated that new schools need more help in getting established. Alderman Curtsinger stated that the principal had requested $4,000 for something and $2,000 for something else. Alderman Dugger asked where the funding would be utilized. Alderman Alexander stated that he realizes there are needs at Nolensville Elementary, but feels a new school will need assistance also. The vote was taken for Alderman Curtsingers motion, with Alderman Curtsinger for, and Aldermen Alexander, Dugger, Felts and Mayor Knapper against. Alderman Alexander made a motion to raise the line item for both Schools to $4,000 each, Alderman Felts seconded. This passed unanimously. Mayor Knapper made a motion to approve the budget as amended, Alderman Alexander seconded and this passed unanimously.
First reading of ordinance #05-13, an ordinance to amend the zoning ordinance in regards to review standards. Counsel Notestine described this ordinance in detail. Alderman Dugger made a motion to pass this ordinance, Mayor Knapper seconded and this passed unanimously. First reading of ordinance #05-14, an ordinance to amend the zoning ordinance regarding underground utilities. Counsel Notestine described this ordinance briefly. He noted that the Town Planner, Mr. Henry Laird had recommended this ordinance. Alderman Felts made a motion to pass this ordinance, Alderman Alexander seconded and this passed unanimously. First reading of ordinance #05-15, an ordinance to amend the zoning map from Suburban Residential to Commercial Services. Town Engineer Rich Woodroof pointed to a map describing this property and indicating its location. Mayor Knapper made a motion to add the following wording, “with the application of the CCO”, Alderman Dugger seconded and the amendment passed unanimously. Alderman Dugger requested that the developer describe the establishments that will be constructed on the property. The Developer in the audience stated that the intent is to abide by all the usages that are set out by this board. He stated that they were looking at a Village concept. Alderman Dugger urged the developer to come back to the public hearing with a plan. Mayor Knapper made a motion to approve this ordinance as amended, Alderman Curtsinger seconded and this passed unanimously. Alderman Felts made a motion to put up no construction signs that were discussed previously in the meeting by Engineer Rich Woodroof, on Newsome Lane, Stonebrook and Oldham Drive, Mayor Knapper seconded. Alderman Curtsinger stated that Mr. Bennett said there is traffic coming unto Nolensville Road from Bent Creek. It was noted that this traffic should be going down Williams Road and a sign will be placed there also. This was approved unanimously.
Alderman Felts stated that he feels the town is in need of a Code of Ethics. He noted that this board was elected by the people and not a select few. Alderman Felts noted that it was rumored that the town was disbanding it’s police department and this cost the town approximately $6,000. He spoke on rumors in regards to accusations being made that he had been “bought”. He noted that the only way for this board to do its job is to work together, not against each other. He stated that he has been on a board or commission since the town incorporated and has never seen the problems that currently exist. Alderman Felts further reiterated that this board needs to work together.
Mayor Knapper stated that there was a copy of Codes of Ethics in their box that may be reviewed and discussed.
Mayor Knapper adjourned the meeting at 8:50 p.m. Respectfully submitted, Approved,
Cindy Lancaster                        Charles F. Knapper
Town                                          Recorder Mayor
2005-05 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, May 5, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:00 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 24 citizens present.
Mr. Willis Wells led the prayer and pledge.
Mayor Knapper briefly went over the rules for the meeting. He then asked if there were any citizens that had comments.
Mr. Aubrey Short, 803 Rockwood Drive, noted he had written a letter to Williamson AM back in November 2004. He opposes the ordinance to opt out versus having a fire sprinkler. He noted that Ballenger Farms homes were extremely close and could be dangerous. Nolensville needs sprinklers and they save lives.
Mr. Bill Papas, 2034 Williams Road, stated that prior to moving to this area he had an opportunity to hear that Nolensville will require sprinkler systems in residential. He then distributed a document that he had retrieved from the FEMA website to Mayor Knapper.
He went over various statistics outlined in this document. He noted that children and older adults are the individuals that die in fires. He also noted that the south has the highest death rate in fires. He stated that Tennessee ranked 8th in the United States in deaths related to fires. He asked the board to enact the sprinkler system as law.
There was no further citizen input.
Alderman Dugger made a motion to approve the minutes from April 7, 2005, Alderman Alexander seconded. The minutes were approved unanimously.
Alderman Felts made a motion to approve the treasurer’s report, Alderman Dugger seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $680,803.31, with cash disbursements being $50,000. State Street Aid cash on hand was $128,447.82 with total cash on hand being $809,251.13. The treasurer’s report was unanimously approved.
Mr. Willis Wells Planning Commission Chair reported the following:
  • There was a regular meeting and a special meeting last month.
  • Fischbach Transportation discussed the plan.
  • Five Star Gym site plan was approved.
  • Phase I Bent Creek with sidewalks issue was passed.
  • Underground utility to add overhead main feeder was approved.
  • No change in bond report.
  • Side yard setbacks were set at 7 ½ feet.
  • Received a letter from Economic Development grant was received for water ($216,000)
  • Car wash passed unanimously at the special meeting
  • Driveways at Bent Creek was passed at 18’ unanimously.
Betty Friedlander reported for the Historic Commission:
  • Noted that property owners will have a meeting to look at various ideas for downtown area.
  • Thanked the Public Works Department for planting flowers.
  • Hazardous waste collection will be this Saturday in Franklin.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
Chief Hughes began asking to save his comments for the sprinkler ordinance until the discussion of that ordinance. Alderman Dugger stated that he was suppose to have a workshop and has not. Chief Hughes stated that he had received an e-mail from Mayor Knapper to have the meeting within 10 days and could not get one set in that period of time. Mayor Knapper noted that Chief Hughes never contacted him to convey that and should have done so once he spoke to Mr. Crouch. He further stated that he would welcome anything new that the Chief had to say, although did not want to rehash the same comments that have been made in other meetings. He asked for the opinion of the board. Alderman Curtsinger stated that there was some issues that had changed in regards to commercial being eliminated and feels this needs to be addressed. Alderman Dugger stated that if the Chief has something new to say he would welcome those comments. Alderman Felts agreed.
Chief Hughes then went forward with his report.
2005-04 BOMA
Board of Mayor and Aldermen Regular Meeting,
Nolensville Elementary School
Thursday, April 7, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:02 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Planner Bill Terry, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 36 citizens present.
Mayor Knapper led the prayer and pledge. Mayor Knapper read the rules for the meeting. He then asked if there were any citizens that had comments.
Mr. George Bartlett, 7201 Nolensville Road property owner, distributed paperwork in regards to the zoning of his property. He stated that when the county governed this property it was suppose to have been zoned commercial. He ask that this property be zoned commercial.
Mr. Porter Freeman, Nolensville Road, stated that he is speaking on behalf of the annexation on Sam Donald Road. He asked counsel if the same TCA was being used. Counsel Notestine stated yes. Counsel noted that the owner requested this annexation.
Mr. Paul McCann, 703 Cowan Drive, stated that he is requesting a change to the plat that included his residence. He stated that he could understand the Planning Commissions frustration due to the approval of this two years ago. Mr. McMann asked the board to stop the connection on Cowan Drive or to gate it.
There was no further citizen input.
Alderman Alexander made a motion to approve the minutes from March 3, 2005,
Alderman Curtsinger seconded. The minutes were approved unanimously.
Alderman Felts made a motion to approve the treasurer’s report, Alderman Dugger seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $648,292.94, with cash disbursements being $65,000. State Street Aid cash on hand was $123,560.86 with total cash on hand being $771,853.80. The treasurer’s report was unanimously approved.
Mr. Bob Haines Planning Commission Member reported the following:
  • Bent Creek Phase I final plat was approved with conditions.
  • Gate at Cowan Drive was discussed.
  • Cowan Drive/Court paving was passed.
  • McFarlin Woods punch list was addressed and Section 5 & 6 cannot be started.
  • No change in bond report.
  • Motion was made to keep PUD’s and eliminate OSD’s.
  • Connection road definitions were approved.
Betty Friedlander reported for the Historic Commission:
  • Noted there was not a quorum last month.
  • Earth day will be on April 23, 2005.
  • May 7th will be shred day.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Thanked the Aldermen for attending the banquet.
  • Various members attended 30-hour extraction course.
  • Met with County Mayor received deadline of May 15 for town for financial plan.
  • Should receive pumper truck second week in May.
  • Have not heard from FEMA grant.
Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.
  • 125 inspections were performed.17 residential permits issued.
  • Working with county to repair roads.
  • Continuing education was done on Monday and Tuesday.
  • An MS4 conference will be in May.
  • Discussed grant with Leigh Ann Cox.
Chief Jeff Goforth reported for the Police Department.
  • Stated a written report was submitted.
Mayor Knapper reported for the Public Works Stated a written report was submitted.
Mayor Knapper reported for the town hall committee.
  • Mayor Knapper asked Alderman Curtsinger to reconvene this committee.
  • Alderman Curtsinger stated that this group has not formally met, although theyhave been polled and there is some consensus.
Mayor Knapper’s report:
Mayor Knapper noted that the Budget Committee has met regularly and will meet on the 19th. Mayor Knapper briefly discussed revenues and expenses.
Mayor Knapper noted that he had asked the Town Transportation Consultant to address Cowan Drive. She submitted a letter on April 4, to discuss this issue. Mayor Knapper noted that this would go to the Planning Commission for their recommendation. He further noted that the Town Planner, Town Engineer and Town Traffic Consultant have recommended that this road not be closed.
Mayor Knapper noted that Mr. Don Swartz has reviewed Dortch Lane, Honors Court and the roads that various citizens had petitioned the town to review. Mr. Swartz noted that the MUTCD has criteria that must be followed in order to obtain a stop sign. Mr. Swartz stated that following these criteria a stop sign would not be warranted. Therefore, his recommendation would be to not install a stop sign.
Mayor Knapper noted that he had received a letter from State Road Commissioner Gerald Nicely in regards to Nolensville Road widening and the alternate request that was made by the Board of Mayor and Aldermen. He noted that this would be taken into consideration.
Alderman Felts noted that he had received a call from Representative Casada and word should be received next month in regards to the name change in honor of Alderman Joe Rosi.
The Public Hearing for various ordinances was then initiated. Counsel Notestine briefly went over these ordinances with Rich Woodroof pointing to various properties that would be addressed on a large map.
Public hearing for Ordinance 05-07, an ordinance to rezone property currently zoned Office Industrial (OI) to Commercial Services (CS) currently known as Haley Industrial Park.
Mr. Larry Gardner, 2536 York Road, asked if the overlay would apply to this ordinance. Engineer Woodroof confirmed that it would.
Public hearing for Ordinance 05-08, an ordinance to rezone property currently Office Industrial (OI) to Commercial Services (CS) currently known as Nolensville Family Care was opened.
There was no public comment.
Public hearing for Ordinance 05-09, an ordinance to zone property currently known as Nolensville Mobile Home Park to Estate Residential (ER) was opened.
Mr. George Bartlett, property owner of 7201 Nolensville Road, stated that he spoke to the board last month and again ask that they not zone this property Estate Residential.
Alderman Curtsinger asked Mr. Bartlett if he was aware that he could come back to this board to request a zoning change. Mr. Bartlett stated that he was aware that he could do that, although he would have to obtain a survey and pay $600 to make a request.
Mr. Frank Wilson, 7345 Nolensville Road, stated that as a Planning Commission member he voted to zone this property Estate Residential after consideration he would recommend that this be denied and let him apply for commercial zoning.
Counsel Notestine stated that he would still have to come back before this board to make that request.
Engineer Woodroof stated that the reasoning was that someone could use a trailer as a “taco stand” or similar business.
Mr. Bartlett stated that his lease agreement would not allow a resident to have a business in their home.
Public hearing for Ordinance 05-10, an ordinance to amend the zoning ordinance with issues regarding car washes was opened.
There was not public comment.
The public hearing portion was closed at 7:55 p.m.
Mayor Knapper then asked the board to suspend the rules to address items on the agenda out of order. The board agreed.
Second reading of Ordinance #05-03, an ordinance to amend the zoning ordinance involving Historic Commission. Counsel Notestine briefly described this ordinance.
Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.
Public hearing for Resolution #05-07, a resolution to adopt a plan of service. Counsel Notestine noted this resolution sets out the services that would be provided to the annexed area. Alderman Curtsinger noted that in the police section it states that police services will increase with emergency management services not, is there a reason. Mayor
Knapper stated that emergency management currently serves this area. Alderman Dugger asked Mr. Kottas how many homes would be built in this newly annexed area. Mr. Kottas stated that 40 homes would be constructed. Alderman Dugger then asked Mr. Kottas if he had kept the property in the county how many homes would have been built. Mr. Kottas stated that 60 homes could have been built.
Public hearing was then closed.
Reading of Resolution #05-07, a resolution to adopt a plan of service. Alderman Dugger made a motion to approve this resolution, Alderman Felts seconded and this passed unanimously.
Public hearing for Ordinance #05-04, an ordinance to annex a certain territory adjacent to Sam Donald Road was opened. Alderman Curtsinger asked who would own the road, the city or county. Engineer Woodroof stated that it depends on the language, but the intent is for the city to own half and the county half.
The public hearing was closed.
Second Reading of Ordinance #05-04, an ordinance to annex a certain territory adjacent to Sam Donald Road, Mayor Knapper made a motion to approve this ordinance, Alderman Dugger seconded and this ordinance passed unanimously.
Second reading of Ordinance #05-05, an ordinance to adopt the 2003 Edition of the International Building Code. Counsel Notestine noted that the state has encouraged municipalities to adopt this code. Alderman Felts made a motion to adopt this ordinance, Alderman Dugger seconded and this passed unanimously.
Public hearing for ordinance #05-06, an ordinance to amend the zoning ordinance. Counsel Notestine briefly described this ordinance and then turned the floor over to Town Planner Bill Terry. Mr. Terry summarized this ordinance noting the Planning Commissions intent to create the overlay. He noted that the overlay would be recommended every time a rezoning request was made. Alderman Dugger asked if the existing commercial would be affected by this overlay. Mr. Terry stated that current commercial would not be affected.
The public hearing ended at 8:20.
Second reading for Ordinance #05-06, an ordinance to amend the zoning ordinance to include a Commercial Corridor Overlay District. Counsel Notestine noted that this is the second reading and there needs to be clarification in regards to the text referring to CCO and COD. Alderman Felts made a motion to approve this ordinance, Alderman Dugger seconded. Mayor Knapper made a motion to amend by deleting the second paragraph under the sub-section titled Application, change all COD to reflect CCOD and correct a typographical error on page two from 1.500 to 1,500, Alderman Curtsinger seconded and this amendment passed unanimously.
The question was posed would there need to be a separate ordinance to apply for this overlay. Mr. Terry stated that an amendment would have to be made to the map.
Alderman Dugger asked if the overlay only applies to someone who comes to town hall and request this overlay. Mr. Terry stated yes and the proper procedures must be completed to amend the zoning map.
Alderman Curtsinger made a motion to amend the drawing on page four to change 50 to 54’ right of way. Mayor Knapper seconded and this amendment passed unanimously. The ordinance was then voted on as amended and it passed unanimously.
Alderman Alexander exited due to an emergency phone call. Public hearing was opened for Ordinance 05-02, an ordinance to rezone property from ER to CS. Counsel Notestine noted that Engineer Woodroof was pointing to map that describes this property. Mr. Mike Anderson with Delk and Associates introduced himself as the property owners Engineer. He briefly spoke and there were no questions. Public hearing ended at 8:42 p.m.
Second reading of ordinance #05-02, an ordinance to rezone property from Estate Residential to Commercial Services.
Alderman Felts made a motion to approve this ordinance, Mayor Knapper seconded.
Alderman Curtsinger made a motion to apply the Commercial Corridor Overlay to this property and it was unanimously approved. This ordinance was unanimously approved on second reading.
First reading of ordinance #05-11, an ordinance to amend the zoning ordinance. Counsel Notestine noted that this ordinance is to add definitions and to “clean-up” various issues within the zoning ordinance. Alderman Dugger made a motion to approve this ordinance, Alderman Curtsinger seconded and this ordinance was approved unanimously.
Reading of Resolution #05-08, a resolution to participate in the three star program.
Mayor Knapper noted that this is a request to obtain intergovernmental cooperation that will assist the county and municipalities in grants. Mayor Knapper made a motion to approve, Alderman Felts seconded and this was approved unanimously.
Second reading of ordinance #05-01, an ordinance to amend the sprinkler ordinance #04- 02. Alderman Dugger made a motion to approve this ordinance, Mayor Knapper seconded. Alderman Dugger noted that everyone should have received a copy of this document. Alderman Curtsinger stated that he had not received it until late this afternoon and he hasn’t ever seen ordinance 04-02, which is being referred. Mayor Knapper then gave Alderman Curtsinger a copy of ordinance 04-02.
Fire Chief Presley Hughes spoke reiterating that the Fire Department does not want an “opt out” ordinance. Discussion went further into wording of this document. There was extensive discussion in regards to the wording confined or sleep. Alderman Dugger stated that this was Ray Crouch’s wording recommendation. Mayor Knapper stated that he did not understand if our current ISO is 5, how would the wording of sleeping area affect this. Chief Hughes noted that you are talking about Urban to Suburban.
Alderman Dugger stated that section (F) makes up for the aforementioned. He stated that per Mr. Crouch, after changing to 10’, the ISO would not be affected.
Alderman Dugger stated that there are two reasons for a “opt out”. One is for everyone to benefit with new equipment, which could be utilized for everyone, not just newcomers.
The second is that it gives people an option. This also covers any liability issues.
Chief Hughes asked that this all be hashed out and then come back. He stated that he had only received this today and had to request it from town hall.
Alderman Dugger further noted that the fire department would perform the annual inspections. Chief Hughes stated that Charles Strasser with Nolensville Utility stated that he would be sending out letters annually for inspections. Alderman Dugger stated that this procedure has troubles. He noted that the town can ask the water company to do this, but there are no teeth in it. This is something that cannot be mandated with a repercussion if not performed.
Engineer Woodroof stated that he had spoken with Mr. Strasser and he was elated that it would be a loop system. If it is a loop system no inspections will have to be performed. Alderman Dugger stated that the bottom line is that this is giving the builder an option.
Chief Hughes stated that he felt that a $1.25 would not be equal to the loop system. It should be at least equal financially. He ask that a figure not be put in, although wording to say equal to the cost of a loop system. Chief Hughes further noted that when this was initiated it was a Fire Protection Fee. It is now a Public Safety Fee. He stated that he has seen the budget figures and the Fire Departments budget increased 3% with the police figures increasing 20%.
Alderman Dugger noted that the square footage has been dropped to zero.
Chief Hughes stated that 6B has been deleted and you have killed the commercial requirement. I still ask that you give us one more month to hash this out.
Mayor Knapper and Counsel Notestine noted that there should have been a period in the wording of eliminating one or two family dwellings.
Chief Hughes again asked for one more month. Alderman Dugger stated that there have been several workshops in regards to the sprinkler ordinance. Initially it was thought that Bent Creek would be eliminated from the sprinklers. This was incorrect.
Alderman Felts noted that there have been some good things brought up tonight. The cost of the loop system, the total square footage and he is open to the permit fee going to the Fire Department only.
Alderman Curtsinger stated that he is concerned when you take less than 15’ then you are talking about life safety. What he has been reading there is going to be plenty of money. I don’t think you can replace lives with money. He stated that he felt there were insurance concerns and other concerns. If there is as much money as I believe that is coming in from town hall there shouldn’t be a concern with the Fire Protection Fee. Mayor Knapper noted that the information from town hall is from MTAS and is correct. The original information we sent would require a property tax increase of $1.12. The opt out is an additional funding.
Chief Hughes ask that Ray Crouch be invited to a meeting. He stated that he would contact him to arrange his attendance. Chief Hughes further asked the board if they would agree to Consultant Ray Crouch’s recommendations. The Mayor did not respond with agreement, although they did agree to meet with Mr. Crouch.
Counsel noted that you could pass Sections 1, 2, and 5 to get your loop system in. Alderman Felts stated that he felt the board should wait until Alderman Alexander was here. Alderman Dugger made a motion to withdraw for 30 days, Alderman Curtsinger seconded. Mayor Knapper withdrew his second. The withdraw passed with Aldermen Curtsinger, Dugger, and Felts for and Mayor Knapper against.
Reading of Resolution 09-09, a resolution to adopt a revised Capital Improvements program. Mayor Knapper noted that these figures were presented to the town by MTAS. He compared option A and B noting that A is for the current $ .65 and B is for the increase to $1.00 for residential facilities tax. Mayor Knapper made a motion to approve this resolution, Alderman Felts seconded and this passed unanimously.
Second reading of Ordinance #04-14, an ordinance to amend the adequate facilities tax. Counsel Notestine noted that this ordinance increases the residential tax to $1.00 and non-residential to $2.00. Alderman Felts made a motion to approve this ordinance on second reading, Alderman Dugger seconded and this passed unanimously.
Mayor Knapper adjourned the meeting at 10:11 p.m. Respectfully submitted, Approved,
Cindy Lancaster                   Charles F. Knapper
Town Recorder                     Mayor
2005-03 BOMA
Board of Mayor and Aldermen
Regular Meeting, Nolensville Elementary School
Thursday, March 3, 2005, 7:00 p.m.
Mayor Charles Knapper opened the meeting at 7:02 p.m. Members present were Mayor Knapper, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Larry Felts. Counsel Robert Notestine, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 26 citizens present.
Alderman Dugger led the prayer and pledge.
Mayor Knapper read the rules for the meeting. He then asked if there were any citizens that had comments.
Dr. James Clark, 900 Oldham Drive, stated his concern for the sprinkler ordinance amendment. He noted we need to decide to keep it or not. He stated the amendment is a limited thing and the funding needs to go toward police cars and fire hall. There needs to be a good balance. Currently there are not traditional developments. The board should consider giving options to build on an acre or larger lot.
Pat Aldred, 877 Stonebrook Boulevard, noted that cancer is a killer and recently has hit Nolensville with Alderman Joe Rositano. On June 3 and 4 the Cancer Society will hold Relay for Life. She hoped the board would walk in honor of Alderman Rositano. Each walker is encouraged to get sponsors up to $100. She further stated that luminaries would be on sale in memory of Joe.
George Bartlett, 7201 Nolensville Road property owner, stated that he had purchased the mobile home park in 1984 to supply affordable living and to make a profit. He noted that in addition to the mobile home park, he currently runs a construction company and has a storage facility at that location. He stated that he had spoke to Bill Terry and the park has not been zoned. Mr. Terry advised him to let the board go through the procedure of zoning this property. He stated that in 1996 he went to Williamson County and 2.7 acres was divided out for commercial. He noted that Judy Daniels was at the county at that time. He said that the county stated that this would be recorded, although it was not. He asked the board to please zone it commercial and not residential. He asked for the definition of ER and asked if it wouldn’t be more beneficial to be Commercial. Engineer
Rich Woodroof stated that ER is 1.5 acre minimum lot size and the adjacent property is zoned ER.
There was not further citizen input.
Alderman Curtsinger made a motion to approve the minutes from February 3, 2005, Alderman Alexander seconded. The minutes were approved unanimously. Alderman Felts made a motion to approve the treasurer’s report, Alderman Dugger seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $624,197.28, with cash disbursements being $70,000. State Street Aid cash on hand was $124,462.08 with total cash on hand being $748,659.36. The treasurer’s report was unanimously approved.
Mr. Bob Haines Planning Commission Member reported the following:
  • Plan of Service for friendly annexation was approved.
  • Nolen Park final plan was approved with conditions.
  • Rezoning request for corner of York Road was denied.
  • Overlay Commercial District was approved with conditions.
  • Haley property on Nolensville Road, rezoning was approved.
  • Rezoning of Nolensville Road property was approved.
  • International Building Code 2003 was approved.
  • OSD and PUD removal was discussed.
  • Car Wash was discussed and approved.
  • Monthly bond report was discussed.
  • Definitions were discussed.
  • Nolensville Road widening alternative B was recommended to the board.
Betty Friedlander reported for the Historic Commission:
  • There will be a planning meeting to address anticipated accomplishments.
  • A memo was sent for Keep America Beautiful. The board needs to set this date.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Budget has been submitted.
  • Pumper truck to be delivered the second week in May.
  • District 5 had large conference for Homeland Security.
  • The department will begin a “live-in” program at the fire hall.
  • Have not heard from FEMA grant.
Mayor Knapper noted that Homeland Security would disburse funding to pay Volunteer Firemen. This will be reviewed more thoroughly.
  • Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.
  • 104 inspections were performed
  • 10 residential permits issued
  • 42 plumbing, mechanical, burn and building permits were issued
  • Ordered program for detention ponds
Chief Jeff Goforth reported for the Police Department.
  • Stated a written report was submitted
  • The board should expect an agenda on Hazard Mitigation – Natural Disaster
  • Will participate in a Homeland Security exercise that will last 2 to 3 days
  • No word on COPS grant
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted to the board
Mayor Knapper reported for the town hall committee.
  • Noted no report at this time, some items are pending.
Mayor Knapper’s report:
Mayor Knapper noted that the Capital Improvements Budget would be forthcoming.
Mayor Knapper noted that he anticipates the Major Thoroughfare Plan in the near future.
Mayor Knapper noted that Option B was recommended by the Planning Commission for the by pass around Nolensville. The Planning Commission voted with seven for and one abstention. Mayor Knapper asked for approval from the board to send a letter to the legislators in order to seek funding. Alderman Curtsinger stated that he had spoken to Klinnard Engineering and they said that all they need from us was a note. Alderman Felts made a motion to forward a letter to the state, Alderman Curtsinger seconded and this passed unanimously.
Public Hearing was opened for Ordinance #05-02 and #05-03. Counsel Notestine briefly described the ordinances and the process that the board takes to pass these ordinances.
Engineer Woodroof showed a large map of the property known as the Yazdin property. Betty Friedlander, 240 Norfolk, noted that she has encouraged people living in the Historic District to be members of this Commission. She stated that with this change to the zoning ordinance it will be easier for these individuals to participate.
Cindy Arnold, 878 Dortch Lane, stated that we have a unique opportunity for Nolensville. She personally does not want to see an Electronic Express. She thinks we can have a beautiful town and this is poor judgment to have this establishment.
With no other comment the public hearing was closed.
Second Reading of Ordinance #05-01, an ordinance to amend the sprinkler ordinance #04-02. Alderman Dugger made a motion to defer this reading for one month. He noted that clarification was needed for homes that are ten foot apart. He noted that the Mayor and he had met with Mr. Ray Crouch, MTAS Consultant. The Board and the Fire Department will discuss this further. This deferral was approved by acclamation.
First Reading of Ordinance #05-04, an ordinance to annex a certain territory adjacent to Sam Donald Road. Counsel Notestine noted that this is a “request” for annexation often referred to as a “friendly annexation”. It was further noted that the Planning Commission voted seven to one for the annexation. Mayor Knapper made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.
First Reading of Ordinance #05-05, an ordinance adopting the 2003 Edition of the International Building Code. Counsel Notestine stated that this is being adopted throughout the state of Tennessee. Alderman Felts made a motion to pass this ordinance,
Mayor Knapper seconded and this passed unanimously.
First reading of Ordinance #05-06, an ordinance to amend the zoning map. Counsel Notestine stated that this is creating a “Commercial Overlay District”. Engineer Woodroof noted this overlay places more restrictions on Commercial, such as only one row of parking in front with several uses not being allowed and various other restrictions.
There was extensive discussion on conditions of this overlay. Alderman Dugger asked if this could be further discussed in a workshop. Alderman Curtsinger noted that he was confused on the process. Engineer Woodroof stated that when the overlay was applied the plan would be presented. The Planning Commission will decide how far back the overlay will be applied. Alderman Curtsinger stated that he would like to see what would be constructed prior to the zoning change. Counsel Notestine stated that this is similar to a PUD where the Planning Commission has the control. If a zone change is requested it goes the Planning Commission and they can request a site plan. Alderman Curtsinger inquired about the west side of the road and flood plain issues. There was extensive discussion in regards to this overlay. Planner Bill Terry was requested to attend the public hearing in regards to this overlay. The first reading of this ordinance was approved unanimously.
First reading of Ordinance #05-07, an ordinance to rezone property currently Office Industrial to Commercial Services. Counsel Notestine stated that this is request to rezone property that is currently known as the Haley Industrial Park. Alderman Dugger stated that this is going along concurrently with the overlay. The Planning Commission passed this with the overlay to be applied. There was extensive discussion on these ordinances and the proper procedure to obtain the overlay. Alderman Dugger stated that he would like to see this passed on first reading and then defer second reading so that the proper order would be in place. Mayor Knapper made a motion to approve this ordinance,
Alderman Felts seconded and this passed unanimously.
First reading of Ordinance #05-08, an ordinance to rezone property currently Suburban Residential to Commercial Services. Counsel Notestine discussed this ordinance.
Alderman Alexander stated that he wanted to make sure the overlay is in place before this is passed. Alderman Curtsinger stated his concern with the numbers in regards to the diagram that was distributed. It was noted that Planner Bill Terry would review this.
Mayor Knapper made a motion to pass this on first reading, Alderman Felts seconded and this passed unanimously.
First reading on ordinance #05-09, an ordinance to zone the Mobile Home Park to Estate Residential. Counsel Notestine discussed this briefly. He noted that Mr. Bartlett’s use is grand fathered and is not affected. This does not change Mr. Bartlett’s current use and he could request a change. Alderman Dugger noted that the adjacent property as being commercial. Engineer Woodroof stated that the majority of that property is residential.
Mr. Bartlett noted that after going through all the documentation, he has been paying commercial taxes on the property for 15 years. He stated that he could use the office himself, but could not rent it out for another use. Mayor Knapper made a motion to approve the zoning, Alderman Curtsinger seconded and this passed on first reading unanimously.
First Reading of Ordinance #05-10, an ordinance to amend the zoning ordinance. Counsel Notestine briefly described this ordinance and noted that the Planning Commission had unanimously approved this change. Alderman Curtsinger asked if the Planning Commission removed the door requirement. Engineer Woodroof stated no.
Alderman Curstinger asked if the vacuum would be in the rear. Engineer Woodroof stated that this would allow them to have one, but does not have to have a bay. Alderman Dugger asked if we are limiting their hours. Engineer Woodroof stated that it would be closed from 10:00 p.m. to 6:00 a.m. Mayor Knapper stated that Brentwood closes as night. Counsel Notestine stated that in recent years this seems to be the trend. Mayor Knapper made a motion to approve this on first reading, Alderman Dugger seconded and this passed unanimously.
Reading of Resolution #05-06, a resolution to request dedicating a portion of Nolensville Road in honor of Alderman Joe Rositano. Alderman Felts described this resolution noting everyone knew Joe and one of the last things that he said was take care of the town. Alderman Curtsinger asked that if this were passed, would it include the new section of Nolensville Road. It was stated that it would not. Mayor Knapper noted that several people had contacted him and said there are other pioneers within Nolensville.
Alderman Dugger asked if it should be from City limit to City limit. Alderman Felts said
that was the intent. Alderman Felts made a motion to approve this resolution, Alderman Dugger seconded and this was approved unanimously. Mayor Knapper adjourned the meeting at 8:37 p.m.
Respectfully submitted, Approved, Cindy Lancaster Charles F. Knapper Town Recorder Mayor
2005-02 BOMA
Board of Mayor and Aldermen
Regular Meeting, Nolensville Elementary School
Thursday, February 3, 2005, 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, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 43 citizens present.
Mr. Willis Wells led the prayer. Cub Scout Troop Pack 297, Den 9 led the pledge.
Mayor Knapper asked if there were any citizens that had comments. There were no comments from the audience.
Alderman Curtsinger made a motion to approve the minutes from January 6, 2005,
Alderman Felts seconded. The minutes were approved unanimously.
Alderman Felts made a motion to approve the treasurer’s report, Alderman Alexander seconded. Recorder Lancaster noted that the cash on hand for the General Fund was $623,037.86, with cash disbursements being $45,000. State Street Aid cash on hand was $119,986.98 with total cash on hand being $743,024.84. The treasurer’s report was unanimously approved.
Mr. Willis Wells Planning Commission Chair reported the following:
  • Officers were elected.
  • Nolensville Road widening recommendation was discussed and a workshop was
  • scheduled.
  • Rezoning request was made.
  • Blue Bell was approved with conditions.
  • Nolensville Family Care was approved with conditions.
  • Clovercroft 50’ right of way was approved.
  • Bent Creek requested 8’ driveways, this was approved.
  • Gresham Smith discussed Sunset Road.
  • McFarlin property was discussed.
  • Monthly bond report was discussed.
  • Historic Commission zoning ordinance amendment was approved.
Alderman Curtsinger noted that the subdivision regulations or the zoning ordinance does not address 8’ driveways. He stated that he had measured 8’ and it is extremely small.
Another concern of Alderman Curtsinger was the collector road on Clovercroft. There was extensive discussion on both of these issues and the process for these issues to be reviewed. Counsel Notestine noted that once the Planning Commission makes a decision there is a “vested right”. Currently he is aware of a case that another city reversed the
Planning Commission decision and they are in court claiming they had a vested right. Counsel further noted that the subdivision regulations are controlled totally by the Planning Commission. Mayor Knapper stated that the driveways can be placed on the
Planning Commission agenda to be reviewed again. Alderman Curtsinger requested that the collector road issues and the driveway issues be placed on the Planning Commission agenda.
Betty Friedlander reported for the Historic Commission:
  • There will be an official meeting at the end of the month.
  • Grants will be discussed.
Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Thanked everyone for attending the field trip.
  • Noted the budget process was beginning.
  • Extraction class to be held in March.
  • Have not heard from FEMA grant.
Rich Woodroof, Town Engineer/Codes Official reported for the Codes Department.
  • 86 inspections were performed
  • 63 permits issued
  • Preliminary review on standing water at Stonebrook and Industrial Boulevard.
  • On the list with the county for road improvements.
  • Fischbach has reviewed Sunset Road project and has approved.
Mayor Knapper reported for the Police Department.
  • Stated a written report would be forthcoming for the board.
Mayor Knapper reported for the Public Works
  • Stated a written report was submitted to the board
Mayor Knapper reported for the town hall committee.
  • This committee will reconvene in the near future.
  • A preliminary drawing will be reviewed by the Board of Mayor and Aldermen.
Mayor Knapper’s report:
Mayor Knapper noted that the Capital Improvements Budget would be forthcoming. He had met with MTAS to revise the budget to reflect the City Hall purchase. He had met with County Mayor Rogers Anderson and Parks and Recreation Director Doug Hood.
They are encouraging cities to pay a portion and the county pay a portion for various items such as fire hall and recreation centers. They are encouraging joint ventures. This will be a part of this budget.
Mayor Knapper noted that he has interviewed several individuals for town planner. Once they are narrowed the board will then interview the candidates.
Annexation lawsuits are pending.
Counsel Notestine noted that there have been some issues concerning streets and drainage. In the past each case has been reviewed individually. A written policy was submitted to the board and Counsel Notestine went over this recommendation. Mayor Knapper ask that the board approve this policy. Alderman Alexander made a motion to formally approve this policy, Mayor Knapper seconded. Alderman Curtsinger noted that he and Town Engineer had reviewed some issues and there are some problems that the homeowners need to maintain portions of their property. The policy was then unanimously approved.
Second reading of Ordinance #04-18, an ordinance to amend ordinance #04-09. Counsel briefly discussed the various amendments within the ordinance. Alderman Felts made a motion to approve this ordinance, Alderman Curtsinger seconded and this passed unanimously.
Mayor Knapper asked the board to suspend the agenda to move to first reading of Ordinance #05-02, and then come back to Ordinance #05-01.
First reading of ordinance #05-02, an ordinance to amend zoning ordinance #04-09, to reclassify property. Town Engineer Rich Woodroof showed an enlarged map which indicated the various zoning adjacent to the property that was being discussed. Alderman Alexander made a motion to approve this ordinance, Alderman Dugger seconded. Mayor Knapper noted that the Planning Commission had voted six for the request and 3 against. Alderman Dugger stated that previously when there has been a request the board knew what would be built on the property. The Engineer with the project, Mr. Mike Anderson, introduced Mr. Fred Yazdin, owner of the property. Mr. Yazdin stated that a 20,000 square foot building would be built to house an Electronic Express. He further stated that the property behind would be donated to the city for a soccer field. Alderman Alexander asked if the Electronic Express would be housed in the entire 20,000 square feet? Mr. Yazdin stated that it would. Alderman Curtsinger asked what percentage would be in the flood plain? Mr. Anderson stated that out of the 16 acres approximately 4 to 5 can be developed. Alderman Curtsinger asked if it would be brought up to grade in regards to Nolensville Road. Mr. Anderson stated that some of it could be manipulated. Alderman Curtsinger stated that he was concerned with buffering. Alderman Felts was concerned about the parking. Alderman Alexander stated that he is comfortable with zoning this property commercial, noting it would increase the number of commercial zoning in Nolensville. He asked if the acerage in the flood plain be zoned estate residential. Mayor Knapper reminded the board that we are currently in a lawsuit with split zoning and he would not recommend doing this. Mr. Anderson showed the board a drawing of a concept plan. The vote was taken with Mayor Knapper, and Aldermen Alexander, Dugger and Felts for, and Alderman Curtsinger against.
First reading of ordinance #05-03, an ordinance to amend zoning ordinance #04-09. Counsel Notestine noted that this is a housekeeping ordinance. It is clarifying a portion within the zoning ordinance that pertains to the Historic Commission. Alderman Felts made a motion to approve this ordinance, Alderman Dugger seconded and this passed on first reading unanimously.
Reading of Resolution #05-04, a resolution to enter into an agreement with Mr. John Poole to perform the town’s annual audits. Alderman Dugger made a motion to approve this resolution, Mayor Knapper seconded and this passed unanimously.
Reading of Resolution #05-05, a resolution to amend the Personnel Policy Manual. Counsel Notestine stated that this is a recommendation from MTAS. He noted that this is an issue that came up when the police department hired a full-time officer. Alderman Felts made a motion to approve, Mayor Knapper seconded and this passed unanimously.
First reading of Ordinance #05-01, an ordinance to amend sprinkler ordinance #04-02. Alderman Dugger made a motion to approve this ordinance, Mayor Knapper seconded. Alderman Dugger noted that there is a typographical error. In the first section it refers to (A), this should be (B). He further stated that he commended Chief Hughes on the presentation in Pleasant View. He certainly understands where the Fire Department and Chief Hughes is coming from, although he feels this amendment gives people a choice. Alderman Felts noted that he did not see anything in regards to square footage. Alderman Dugger noted that when B is deleted, it will then go to zero square footage. Alderman Felts stated that he has been a big proponent for this ordinance and currently it says $ .80 per square foot, he would like to see this increased to $1.25. Alderman Curtsinger stated that this board is not here to pass a sprinkler ordinance, there is one currently in place. The intent for passage was for life safety. You can’t make it an option to save lives. He commended the ordinance for being zero square footage. Alderman Curtsinger noted that the field trip was good and it was awsome to see the time between the sprinkler going off and the smoke detector going off. He does not think a family would want to put their family in jeopardy. Further it is not a guarantee that the money will go to the Fire Department. He stated that he was for taking the square footage to zero, but not make it an option.
Alderman Dugger asked if he would retro fit his home, or ask other residents to retro fit their homes. Alderman Curtsinger stated that he is having someone come to view his home for sprinklers.
Mayor Knapper demonstrated to the audience the figures that could possibly be generated for the fire department. He noted that $42,964 was budgeted to the fire department with $211,427 being the police budget. He demonstrated that with Alderman Duggers proposal, with Alderman Felts recommended increase of $1.25, there could be a possible $525,000 generated. He further stated that this was a figure if all opted not to have the sprinkler systems, although if all the residents wanted sprinkler systems that would be great also. Mayor Knapper stated that after discussing this concept with MTAS, they informed him that there could be a “Public Safety” fund. Alderman Curtsinger stated that he could see the Mayor’s point, but most of these homes are in the PUD, so most will be sprinkled. He further noted that County Mayor Rogers Anderson has said that he is obligated to serve Nolensville. Mayor Knapper noted that the Urban Growth Boundary law states that you must provide services. Alderman Felts noted that this is first reading.
Alderman Alexander stated that he does agree with a lot of what Alderman Curtsinger is saying, but said that if this is passed he feels it would be an improvement.
Alderman Curtsinger noted again that it was initially passed for life safety purposes.
Alderman Dugger stated that it was passed on life safety and it started out with 3,000 square feet. It has now been decreased to zero.
Alderman Felts made a motion to amend by replacing (A) with (B), and $ .80 to $1.25,
Alderman Alexander seconded.
Alderman Curtsinger stated that it should be raised to $3.00 or $4.00. Counsel noted that this would be more than the adequate facilities tax and he is not sure of the legalities. The vote was then taken with Mayor Knapper, Aldermen Alexander, Dugger and Felts for the amendment, Alderman Curtsinger against.
Alderman Curtsinger made a motion to amend $1.25 to $4.00, Alderman Alexander seconded. Alderman Dugger said that he felt $4.00 was unreasonable. Alderman Alexander stated that if you raise it to $4.00, the developer will place the sprinklers in all homes. The vote was then taken for the amendment, Alderman Curtsinger for, Mayor Knapper, Aldermen Alexander, Dugger and Felts against.
The vote was then taken to pass the ordinance on first reading as amended. Mayor Knapper, Aldermen Alexander, Dugger and Felts for, Alderman Curtsinger against. Alderman Curtsinger stated that residents on Cowan Drive have requested that a gate be placed on this road like the one that will be erected on Rolling Hills Drive into Nolen Park.
Alderman Alexander stated that he has received some phone calls and he met with the Ballenger Farms engineer. He stated that they have come up with a plan, although they are not required to do anything due to already having an approved plan. This is merely an attempt to solve a concern.
Alderman Felts stated that he would like to see a resolution next month for Alderman Rositano in regards to the name change on Nolensville Road.
Mayor Knapper adjourned the meeting at 9:00 p.m. Respectfully submitted, Approved, Cindy Lancaster
Charles F. Knapper Town Recorder Mayor