2006

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

Town of Nolensville

Board of Mayor and Alderman Meeting

Date: November 2, 2006, Time 7:00 p.m.

Nolensville Elementary School

 

Mayor Tommy Dugger opened the meeting at 7:02 p.m.  Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers.  Staff present: Counsel Robert Notestine, Town Engineer Rich Woodroof and Recorder Cindy Lancaster.  There were 62 citizens present.

 

Mr. Willis Wells led the prayer and pledge.

 

Citizens Input:

 

Mr. Aubrey Short, Rockwood Drive, noted our forefathers brought forth the Constitution approximately 200 years ago.  On December 15, 1791 it was ratified with the first ten amendments.  September of this year this board passed a Code of Ethics.  No where in the Code of Ethics does it limit freedom of speech.  On September 28, 2006, this board censored one of their fellow board members for exercising his freedom of press.  Tonight this board is hearing a complaint.  If a citizen files a complaint let them do so in court.  If an employee has a complaint let them file it in court.  Mr. Short asked the board to discontinue the bickering.

 

Reverend Alfred Bennett, 7286 Nolensville Road, noted that he has been in Nolensville for approximately 20 years.  He has encountered some of the finest people within this time.  He noted that he was here tonight to show his interest in Design Review.  He noted various prestige communities that shine with Franklin, Tennessee being voted one of the ten loveliest towns in America.  He stated that he was excited to have the Design Review Committee and this would assist in Nolensville’s development.  He stated that only relationships of honor are going to last.

 

Mr. Darin Scheff, 7280 Nolensville Road, noted that he is the owner of four buildings in Nolensville.  He stated that last year he was given a permit by Rich Woodroof.  On opening day he was told by Don Swartz that he could not open due to sewage issues.  Mr. Woodroof had approved the building.  Mr. Scheff indicated disapproval of Rich Woodroof and Don Swartz behavior in dealing with the town.  He noted that he has spent over $100,000 in improvements to his establishment.  He stated that he has not seen any accountability with the officials and leaders of the town.

 

Mayor Dugger noted that he had met with Mr. Scheff.  He stated that his attorney was involved.  Once an attorney is involved contact must be made through the town attorney.

 

Ms. Nancy Kirby, 7388 Nolensville Road, stated that as the night moves forward consider developing protocol for the code of ethics complaints.  Everyone will know what to expect and the process will have consistency.  It will have tracking and a record will be maintained for the town.  Investigate to see if other municipalities have ethics committees that reduce favoritism.  She thanked the board for their service to the community.

 

Mr. Brad Banks, 803 Stonebrook Boulevard, noted that he is the one with the sign on the mailbox.  Mr. Banks then read a letter from Engineer Woodroof in regards to the sign violation.  He noted that he contacted his Alderman and would like to hear the recording versus the written version that was in the paper.  He stated that he was there during the conversation and what he read in the paper was not what he heard.

 

Alderman Weaver-Lothers made a motion to approve the minutes from the regular meeting of October 5, 2006, Alderman Alexander seconded.  Recorder Lancaster noted that in the citizen’s comment portion Ms. Parker is listed as a Republican and she is democratic and this needs to be reflected in the minutes.  The minutes were unanimously approved.

 

Alderman Felts made a motion to approve the minutes from the special meeting of September 28, 2006.  Alderman Curtsinger inquired about the language referring to Mr. Huffer.  It was noted that the workshop was recorded although minutes were not taken.  Mayor Dugger stated that minutes are not taken for workshops.  Counsel Notestine stated that minutes do not have to be approved at this meeting.  If there are major corrections the minutes could be approved at a later meeting of the board.  Alderman Weaver-Lothers stated that if this is information that would be beneficial to the citizens, there is no reason why they should not be made available.  Alderman Weaver-Lothers made a motion to make available minutes from the workshop of September 28, 2006, Alderman Felts seconded.  This was approved by majority with Mayor Dugger, Aldermen Alexander, Felts and Weaver-Lothers for, and Alderman Curtsinger abstained.  The minutes were then approved by majority with Mayor Dugger, Aldermen Alexander, Felts and Weaver-Lothers for, and Alderman Curtsinger abstained.

 

Mayor Dugger noted the treasurer’s report had been submitted to the board.  Alderman Curtsinger asked for clarification in regards to the percentages on page four.  Mayor Dugger explained the percentages to the board.  Mayor Dugger made a motion to approve the treasurer’s report, Alderman Alexander seconded and this passed unanimously.

 

Committee reports:

 

Mr. Frank Wilson reported for the Planning Commission.

· New Planning Commission Member Debbie Riddle was introduced

· Florence and Hutcheson presented report

· Bent Creek Bond set at $342,000

· Final PUD Plan on Britain Downs was approved

· Amendment to add indoor recreational in Village was approved

· Monthly Bond report was approved

 

Ms. Betty Friedlander reported for the Historic Commission.

· No report for this Commission

· This Saturday will be Hazardous Waste Day

· Shred Day will be on November 18

 

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

· Four Volunteers completed 1st Responders Class

· Annual Fund Drive began

· Child Safety Seat installation will be at Fire Hall this Saturday at 10:00 a.m.

· 141 man hours during Fire Prevention Month

· Thanked Mom’s Club for meal

 

 

 

Rich Woodroof reported for the Code's Department

· 16 Residential permits issued

· 359 inspections performed

· Henry Laird has been in hospital

Chief Paul Rigsby reported for the Police Department

· A written report was submitted

· Two grants have been received

 

Mayor Dugger reported for the Public Works Department noting a written report was submitted to the board.

 

Alderman Weaver-Lothers inquired about the reflective items that were discussed at last months meeting.  It was noted this is being reviewed.

 

Mayor's report:

 

Alderman Weaver-Lothers presented the Red Cross with a proclamation for 1,000 pints being donated by Nolensville citizens.

 

Mayor Dugger noted that a new form was submitted to the board outlining the town cash accounts, banking institutions and the current interest rate.

 

Public hearing for Ordinance #06-24, an ordinance to amend the zoning ordinance #04-09, in regards to design review opened at 7:56 p.m.  There were no citizen’s comments and the public hearing closed at 7:56 p.m.

 

Second reading of ordinance #06-19, an ordinance to amend ordinance #04-09 to revise definitions pertaining to recreation, commercial and indoor uses.  Counsel Notestine outlined the process of an ordinance to the audience.  Engineer Woodroof noted that this ordinance will clarify definitions.  Alderman Weaver-Lothers made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

 

Second reading for Ordinance #06-21, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO).  Mayor Dugger stated that he was involved in the sell of this property; therefore he would be recusing himself from discussion and voting.  Alderman Alexander made a motion to approve this ordinance, Alderman Felts seconded.

 

Mr. Ken Kelley, property owner, noted that last month he had submitted to the board letters from immediate property owners.  Tonight he has other letters.  He distributed those letters to the board.  Alderman Weaver-Lothers asked Mr. Kelley if any of the property owners behind this building show concern of the flood plain.  Mr. Kelley stated that they had not.  He stated that he cannot do anything in the flood plain.

 

Alderman Curtsinger asked Mr. Kelley when he spoke to the neighbors, what did you say to them and what did they say to you.  Mr. Kelley stated that he talked to them about his intentions at that location.  Alderman Curtsinger asked if any of the neighbors inquired as to if their property would be turning into commercial.  Mr. Kelley stated that this did not come up in conversation.  Mr. Kelley stated that this was approved previously by this board with four out of the five members.  Alderman Curtsinger stated that for the record, this went through first reading only.  Mr. Kelley clarified noting that it did go to the public hearing stage.  Alderman Curtsinger asked Mr. Kelley if he realized that the adjacent property owners felt that if this property went commercial, their property may go commercial.  Mr. Kelley was unaware.

 

Alderman Weaver-Lothers stated that she had one citizen concerned that a possible tattoo parlor may be in this location.  Mr. Kelley stated that he has been in business for years in Nolensville and he plans to bring something nice to this area.  Alderman Alexander noted at the public hearing last month, only one person was in opposition to this zoning.  This was a property owner that lived ½ mile down Britain Lane.

 

Alderman Weaver-Lothers stated that she had spoken to citizens that were concerned with flood plain issues.  She asked if there are any significant changes to this property, would it go before the town.  Engineer Woodroof stated that it would per Article 5 of the zoning ordinance.  He stated this section deals with the flood plain.  He stated that if there was any filling in the flood plain area it would have to be approved by the Planning Commission.

 

Alderman Weaver-Lothers stated that looking at that area she would like to see creek and trails accessibility in the future that can contribute to the community.

 

Alderman Curtsinger stated that he could not understand what you can do to a house to make it look anything other than a house.  He stated that if the town does not keep homes in this area it will begin to look like Metro.

 

Alderman Weaver-Lothers stated that this location has had commercial activity for a number of years.  She did not understand this being an extreme alteration.  Alderman Curtsinger stated that this is a different situation.   He stated that Mr. Geary, property owner near that location, has seen water in the back of this house.  A subdivision is being built near that location.  You are opening this up for developers to come in and initiate commercial.  Alderman Curtsinger referred to spot zoning.  Alderman Alexander stated that in his opinion this was not spot zoning.  This use complies with the Land Use Plan.  Alderman Curtsinger stated that he felt it was opening Pandora’s Box.

 

Alderman Weaver-Lothers stated that she did not see how this would affect a building that already exists.  She noted that if someone wanted to come it they could build a larger structure.  Alderman Weaver-Lothers called for the question.  This died for a lack of second.

 

Alderman Alexander asked Mr. Kelley if he was granted this zoning, would he build a driveway south to connect property to the south.  Alderman Curtsinger stated that he did not feel this board could make that type of request for a re-zoning.  Counsel stated that it would not be binding.

 

Alderman Felts stated that it was requested to be a Dentist office last year and the board voted for this change in zoning and it abides by our Land Use Plan.  The vote was then taken with Aldermen Alexander, Felts and Weaver-Lothers for, Alderman Curtsinger against and Mayor Dugger recused.

 

Second reading of ordinance #06-22, an ordinance to amend Title 15, Chapter 7 and 9 of the Municipal Code regarding parking.  Counsel Notestine described this ordinance.  Mayor Dugger made a motion to approve this ordinance, Alderman Felts seconded.  This ordinance passed unanimously on second reading.

 

Second reading of ordinance #06-23, an ordinance to amend Title 15, Chapter 3 of the Municipal Code regarding speed limit.  Counsel Notestine explained this ordinance noting this was proposed by Chief Rigsby.  Mayor Dugger made a motion to approve this ordinance, Alderman Felts seconded.  This ordinance passed unanimously on second reading.

 

First reading of ordinance #06-25, an ordinance to amend Zoning Ordinance #04-09, in regards to permitted conditions in the Village (V) and general terms to add photographic studio.  Counsel Notestine stated that this ordinance adds photo gallery to the Village zoning.  Alderman Alexander made a motion to approve this ordinance, Alderman Felts seconded.

 

Alderman Curtsinger inquired as to the scope of photography.  Engineer Woodroof asked if he was referring to adult entertainment.  He stated that this is defined in a different zoning.  Alderman Felts stated that this was not mentioned at the Planning Commission meeting.  This Commission just wanted to allow a photographic studio in this area.  Engineer Woodroof read the definition of adult entertainment.  Alderman Weaver-Lothers stated that this could be discussed and changed.  Alderman Curtsinger stated that he would wait until the public hearing phase of this process.  First reading passed by majority with Mayor Dugger, Aldermen Alexander, Felts, and Weaver-Lothers for, and Alderman Curtsinger against.

 

First reading of ordinance #06-26, an ordinance to adopt a Best Management Practice (BMP) Manual, in regards to Storm Water Management.  Engineer Woodroof briefly described this ordinance.  Mayor Dugger made a motion to pass this ordinance, Alderman Weaver-Lothers seconded and this passed unanimously.

 

Reading of resolution #06-22, a resolution to enter into an agreement with Bill Hudson and Associates.  Counsel Notestine noted this resolution will allow Bill Hudson and Associates to perform Public Service announcements for the State mandated MS4.  Engineer Woodroof stated that this group will produce radio and television ads for publication.  Mayor Dugger made a motion to approve this resolution, Alderman Felts seconded and this passed unanimously.

 

Mayor Dugger called for a recess at 8:40 p.m.  The meeting resumed at 9:00 p.m.

 

Code of Ethics complaint made by citizen Ms. Sherry Knapper against Alderman Curtsinger.

 

Counsel Notestine stated that his position within the Code of Ethics ordinance is the ethics officer.  He stated that anytime there is a complaint he performs a preliminary investigation and makes a recommendation to the Board of Mayor and Aldermen.  He noted that his recommendation is to either resolve it tonight or hire outside legal for further investigation.  Counsel stated that there are two complaints.  The first complaint is from Sherry Knapper.  He stated that he received a document tonight that has him concerned.  It is a letter from Ms. Knapper’s attorney.  He noted that his recommendation to the board tonight would be to defer.

 

Alderman Weaver-Lothers stated that she would be recussing herself and is not taking a position for or against.

 

Mayor Dugger made a motion to defer this until the next meeting due to attorney involvement.  Alderman Felts seconded.  Alderman Alexander asked how this would affect the outcome tonight.  Counsel Notestine stated that when an attorney submits a letter and uses the word “threat” concern levels increase.  The letter mentions Alderman Curtsinger’s name and if the board continues it could jeopardize Alderman Curtsinger’s rights.  He further noted that the TCA which is mentioned within the code of ethics ordinance has not been reviewed extensively.  This must be taken very seriously.  Attorneys take oaths and if an investigation leads to anything further, a lawyer has an obligation to inform the necessary authorities.

 

Alderman Curtsinger stated that for clarification, Counsel has not made a determination if this should go forward for outside investigation.  Mayor Dugger stated that he did feel it should go before this board due to it being here this evening.

 

Alderman Curtsinger noted that Chief Rigsby’s documentation does not have a date, nor does it have his signature.

 

Mayor Dugger asked Counsel if this is deferred and the next violation is sent for further investigation, could the two be linked together.  Counsel stated that the two could be acted upon independently or together, either way they wish.

 

Alderman Alexander asked if the board could ask Ms. Knappers intentions.  Counsel reiterated that the board has a copy of the letter from her attorney, this is a concern.  Alderman Alexander noted that counsel had received a letter from a third person.  Counsel stated that he had received a letter from Ms. Lynda Moses, although he did not view this as a complaint.

 

The vote was taken with Alderman Curtsinger for, Mayor Dugger, Aldermen Alexander and Felts against deferring.  Alderman Weaver-Lothers recused.

 

Alderman Alexander stated that the first decision should be if the board wishes to hire an outside attorney, or handle it in the same manner as previously.

 

Alderman Felts made a motion to hire an outside attorney for further investigation, Alderman Alexander seconded.

 

Alderman Curtsinger asked Counsel Notestine if he would be contacting TML for legal expenses incurred.  This will required attorneys and depositions.  He stated that he welcomed an outside attorney to make a determination.  Currently there are no affidavits or signed complaints.

 

Counsel Notestine stated that out of respect for this board he did not perform affidavits.

 

The vote was then taken with Mayor Dugger, Aldermen Alexander, and Felts for, Alderman Curtsinger abstained and Alderman Weaver-Lothers recused for outside legal investigation.

 

Code of Ethics complaint made by Town Engineer Rich Woodroof against Alderman Curtsinger.

 

Counsel Notestine noted that this is a complaint made by the Town Engineer against Alderman Curtsinger.  He stated that in the letter submitted to the board Mr. Woodroof mentioned the preamble portion of the Code of Ethics.  Counsel noted that in the letter he submitted to the board, he advised the board that they could move forward with an investigation or to take no further action.

 

Alderman Weaver-Lothers noted that she is recusing herself from this and is not taking a position for or against.

 

Mayor Dugger asked that the recording of the phone message that was left by Alderman Curtsinger to Engineer Woodroof be played.

 

Alderman Curtsinger stated that he thought it was important to know that Mr. Woodroof has filed a grievance in addition to a Code of Ethics violation.  By the rules he has three days.  He went to Mr. Notestine initially.  The three day time has lapsed.

 

Mayor Dugger stated that the grievance is not being heard at this time.  It will be handled separately.

 

The recorded message was played.

 

Alderman Curtsinger stated that for the record the complaint says grievance and ethics.  Alderman Curtsinger pointed out that in Section 11-4 of the Code of Ethics it states it must go back to the Personnel Policy, if it is an employee complaint.

 

Counsel Notestine read portions of the Code of Ethics.

 

Mayor Dugger asked Alderman Curtsinger who was “yawl” and “we”, that he mentioned in the recorded message.

 

Alderman Curtsinger stated that it goes down to the Town Engineer running around town and picking up signs when you have business owners who have serious issues.  He stated that he wanted to hire an outside attorney to investigate this complaint.

 

Mayor Dugger made a motion to hire an outside attorney for further investigation, Alderman Curtsinger seconded this motion.

 

Alderman Alexander asked if the attorney could be one in the same that handles the previous complaint.  Counsel Notestine stated that there is no reason why it could not be the same attorney.

 

The vote was then taken with Mayor Dugger, Aldermen Alexander, and Felts for, Alderman Curtsinger abstained and Alderman Weaver-Lothers recused.  Hiring another attorney for an outside investigation was approved by majority.

 

The meeting adjourned at 9:57 p.m.

 

Respectfully submitted,                                                          Approved,

 

 

 

 

Cindy Lancaster                                                                      Walter T. Dugger, III

Town Recorder                                                                                    M

Town of Nolensville

Board of Mayor and Alderman Meeting

Date: October 5, 2006, Time 7:00 p.m.

Nolensville Elementary School

 

Mayor Tommy Dugger opened the meeting at 7:06 p.m.  Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster.  There were 54 citizens present.

 

Mr. Willis Wells led the prayer and pledge.

 

Citizens Input:

 

Ms. Mary Parker who is running for a position as a Democratic in the State Senate introduced herself to the audience and asked for Nolensville’s vote.

 

Mr. Don Geary, Brittain Lane, asked if the vote would be taken on the old Marusa’s property.  He noted that he lives on Brittain Lane and is opposed to rezoning this property.  He stated that this property is in the flood plain and the impact would not be positive.

 

Ms. Tracy Blott, Dortch Lane, stated that as a citizen of Nolensville she is concerned about a Mayoral candidate.  She asked each candidate how they stood personally and financially.

 

Mr. Grady Shotwell, Rocky Fork Road, stated that he was taught when the pledge is recited you take your hat off and put your hand over your heart.

 

Mr. Bob Haines, Norfolk Lane, stated that he wanted to make the board aware that there is a small group that has been working hard on the Design Review Guidelines so that buildings in Nolensville are compatible with the current architectural design.  He ask the board to please pass this ordinance.  Additionally, he thanked Planner Henry Laird for all his hard work on this project.

 

Mayor Dugger made a motion to approve the minutes from the regular meeting of September 7, Alderman Alexander seconded.  Alderman Weaver-Lothers made a motion to amend the minutes on the last page.  The following statement was in the minutes,  “Alderman Weaver-Lothers stated that she is in support of the fire department, although $240,000 is a large sum of money”.  Alderman Weaver-Lothers added the following:  “that would require us to ask some important questions this evening.  In questioning the County Commissioner he confirmed that the towns contribution would be an investment in the county’s land and not necessarily recouped by the town in the future.”  This was seconded by Mayor Dugger.  The minutes were unanimously approved as amended.

 

Recorder Lancaster presented the treasurer’s report.  Alderman Curtsinger noted a concern in the percentages.  He noted that the expenses were at 66% and if this continues the revenues will not cover expenses.  Mayor Dugger pointed out that the grant for the water line was $77,000 and this was a factor in the revenues and expenses.  Mayor Dugger stated that this would be researched and we would have an answer for the board.  Mayor Dugger made a motion to approve the treasurer’s report, Alderman Alexander seconded and this passed unanimously.

 

Committee reports:

 

Mr. Willis Wells reported for the Planning Commission.

· Bennington passed unanimously

· Zoning amendments were deferred

· Architectural Design Review Standards were approved

· Application time lines were extended

· Subdivision Regulation changes were discussed

· Monthly Bond report was approved

 

Ms. Betty Friedlander reported for the Historic Commission.

· Working on new Certificate of Appropriateness

· Litter campaign began

· Shred Day and Hazardous Waste Day is a part of the litter campaign

 

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

· October 8-14 Fire Prevention Week

· Cooking Fires are number one cause of house fires

· First responders test will be taken by four members

· Seven volunteers are employed fulltime as emergency workers

· Two volunteers have taken full time firefighter jobs

· November 4, Williamson County Sheriff’s Office will be at Nolensville Elementary School to assist in proper booster seat installation

· Noted calls are up 13%

 

Mayor Dugger asked Chief Hughes if his department was pursuing Williamson County to pass a sprinkler ordinance.  Chief Hughes stated yes.

 

Rich Woodroof reported for the Code's Department

· 427 building inspections performed

· Worked with Public Works in regards to drainage issue

Chief Paul Rigsby reported for the Police Department

· A written report was submitted

· Police Car donated from Berry Hill is currently being used by the department

· Department attended the Kindergarten class at Sunset Elementary for public service

· Currently working on lowering gas cost within the budget

 

Mayor Dugger reported for the Public Works Department noting a written report was submitted to the board.

 

Mayor's report:

 

Mayor Dugger stated that Florence and Hutcheson, which was hired by the town to analyze the growth and the impact the growth places on roads within the town, had submitted an initial report.  He stated that this is the first step in initiating an impact road fee.  Planner Laird stated that once this report is finalized the data would be turned over to Duncan and Associates for their review.  Mr. Gardner Jones asked if this document could be available for public view.  It was noted that copies of this document are at town hall.

 

Mayor Dugger stated that the board must review and get any comments or questions back to Mr. Laird.

 

Mayor Dugger noted that a seat was vacant on the Planning Commission due to Mr. Boyd’s resignation.  Ms. Debbie Riddle was nominated to fill this vacancy.  The board approved this nomination unanimously by acclamation.

 

Mayor Dugger stated that Mr. Paul Lebovitz spoke to the board about a grant that he would like to move forward on for the Town of Nolensville.  The deadline is November 1.  Counsel Notestine stated that this is not an agenda item, although if the board wishes to allow this by acclamation that would be acceptable.  He noted that if any board member had questions or concerns they might wish to wait and not vote on this item at this time.

 

Alderman Weaver-Lothers asked if the town had paid for this in the past.  It was noted that this has not been paid for in the past.  Alderman Curtsinger stated that the Mayor has the ability to perform this if the item is less than $10,000.  Alderman Alexander stated that the town should move forward, Alderman Felts agreed.  This request was agreed on unanimously.

 

Alderman Weaver-Lothers noted that the Board needs to support staff with code issues, although when an issue can be resolved with a practical solution, she felt that is the wise choice to make.  She noted that she would like to request that the zoning ordinance be revisited within the section addressing flag regulations.  She noted a memo had been given to the board by Planner Laird and ask for the boards input.

 

Mayor Dugger stated that the goal is to make sure that a flood of pennants or flags are not on car lots throughout the town.  The board does not want to open an avenue for people to advertise.  He stated that the definition is being researched.

 

Alderman Felts stated that he recently took his “uniform” off after serving 32 years in the military.  He stated that he would be in agreement to resolve this issue.  Alderman Curtsinger stated that he thinks this should go back to the Planning Commission.  Mayor Dugger stated that it was on the agenda for next week’s meeting.

 

Public hearing for Ordinance #06-19, an ordinance to amend the zoning ordinance #04-09 to revise definitions pertaining to recreation, commercial and indoor uses opened at 7:51 p.m.  Town Planner Laird stated that the current ordinance has a definition although; it does not have a use.  The Planning Commission has recommended that this move forward.  The public hearing closed at 7:51 p.m.

 

Public hearing for Ordinance #06-21, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) opened at 7:54 p.m.  Counsel Notestine stated that this was the previous Marusa property at 7149 Nolensville Road.  He described the zoning and the history of this property.

 

Mr. Larry Gardner, York Road, stated that he opposes this due to the flood plain.  He stated that he had met with Lee Sanders at the county.  He stated that the county did allow the non-conforming use.  He also stated that he had talked to several property owners and they do not want it.

Dr. James Clark, 921 Oldham Drive, stated there have been several workshops.  It was understood that the town was going to build very little in that area.  He stated that he did not understand why this vote is being taken.  There are better locations to place commercial.

 

Mr. Ken Kelley, owner of property, stated that he does not intend on changing the building, therefore there will be no grading issues.  He stated that he has letters from the adjacent property owners that do not object to the rezoning.  He distributed copies of the letters to the board.

 

The public hearing closed at 8:03.

 

Second reading of Ordinance #06-16, an ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to regulate garage entry design.  Counsel Notestine stated the process of an ordinance.  Town Planner Laird noted this changes garage entry within Suburban Residential. Mr. Laird read portions of the ordinance.

 

Alderman Weaver-Lothers noted that she supports a change that reflects citizens request within the survey that was performed a couple of years ago.

 

Alderman Curtsinger asked if the terms were defined so that they cannot place an overhang.  It was noted they were defined appropriately not to allow this.

 

Alderman Alexander asked for clarification that this ordinance would only apply to new development.  Counsel Notestine stated that it would not affect existing developments.

 

Alderman Weaver-Lothers made a motion to approve this Ordinance, Mayor Dugger seconded and this passed unanimously.

 

Second reading of Ordinance #06-17, an ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to participate in the National Flood Insurance Program. Town Engineer Woodroof stated that this ordinance allows the town to be recognized in the National Flood Insurance Program.  Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

 

Second reading of Ordinance #06-20, an Ordinance to name Peoples State Bank as a depository for town funds.  Counsel Notestine noted this ordinance is to set a relationship with Peoples State Bank and deposit funds with this bank.

 

Mr. Rick Moody, CEO of Peoples State Bank, read a letter to the audience and board.  He noted that the controversy is over the offer that was made to employees.  He noted that the proposal was not contingent upon any condition.  He asks the board to focus on the services that will be provided to the town with Peoples State Bank.  Mayor Dugger made a motion to approve this ordinance, Alderman Alexander seconded.  Mayor Dugger made a motion to delete “various funds” and insert “of funds”, Alderman Felts seconded.  This amendment passed unanimously.

 

Alderman Weaver-Lothers asked for clarification that there is no intent in regards to perks for employees of town hall.  Mayor Dugger stated that those items mentioned would not be offered to employees.  Alderman Weaver-Lothers recommended that in the future that be put in writing.

 

Alderman Curtsinger stated that Resolution #06-16 should be rescinded because it is illegal and it needs to be revisited.

 

Alderman Weaver-Lothers asked for clarification that First Tennessee Bank interest rate was .092% with Peoples State Bank offering 4.58%.  Mayor Dugger stated that is correct.

 

Alderman Curtsinger reiterated that Resolution #06-16 was illegal.

 

There was extensive discussion in regards to this ordinance.  Alderman Alexander called the question, Alderman Felts seconded.   The vote was taken on this ordinance as amended with passage by majority.  Mayor Dugger, Aldermen Alexander, Felts and Weaver-Lothers for, Alderman Curtsinger against.

 

First reading of Ordinance #06-22, an Ordinance to amend Title 15, Chapter 7 and 9 of the Municipal Code regarding parking.  Counsel Notestine described this ordinance and asked Chief Rigsby to comment.  Chief Rigsby noted that this ordinance would clean up language to assist the Police Department in regards to parking issues.  An audience member shouted how do you get a parking ticket in Nolensville.  Mrs. DeDe Bowden approached the podium and described an illegal parking situation.  Alderman Felts made a motion to pass this ordinance, Mayor Dugger seconded and this ordinance passed unanimously.

 

First reading of ordinance #06-23, an ordinance to amend Title 15, Chapter 3 of the Municipal Code regarding speed limit.  Chief Rigsby noted that currently the speed limit is inconsistent on Sunset Road.  He asks that the speed limit be changed to create consistency down Sunset Road.  Alderman Felts made a motion to pass this ordinance, Alderman Weaver-Lothers seconded and this passed unanimously.

 

First reading of Ordinance #06-24, an ordinance to amend the zoning ordinance #04-09, in regards to design review.  Alderman Weaver-Lothers described the Design Review Committee role and the document before the board.

 

Mr. Matt Happel, 9898 Sam Donald Road, spoke in favor of this ordinance noting that he was on this committee.  He stated that an architecture that was familiar with this Design Review stated that this could add an enormous value to the town.  Mayor Dugger thanked this committee for their hard work.  Alderman Alexander stated that this is some of the best he has seen.

 

Alderman Curtsinger asked how this group would function with the Historic Commission.  Mr. Laird stated that reviews would go through the Design Review Committee and then proceed through the Historic Commission and Planning Commission.  Alderman Curtsinger stated that this should be made a Commission of the town.  Mr. Laird stated that they felt this could be a work in progress and an extension of staff that can be reviewed at the front end.

 

Alderman Weaver-Lothers stated there are pros and cons.  This group wants to be an advisory board and not take away the Planning Commission authority.  Mayor Dugger stated that when this committee was recognized by Resolution, it was noted that was the initial step.  Mr. Laird added that the memo that was distributed explains the function of this committee and the document.

 

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

 

Reading of Resolution #06-20, a Resolution to approve repair of Waller Road.  Counsel Notestine stated that discussion has been on going with the City of Brentwood in regards to repair on Waller Road.  Engineer Woodroof stated that we have had a proposal from Brentwood for sometime.  Alderman Curtsinger asked if there was any consideration to sidewalks.  Engineer Woodroof stated that the terrain is not conducive and this would increase the cost.

 

Mr. Rick Owens, 313 Barronswood Drive, stated that he had mentioned previously the incorporation of bike lanes.

 

Alderman Curtsinger stated that he felt it is important to review this now in this phase of the process.  Engineer Woodroof stated that if it is the will of the board, he would go to Brentwood and get their input on this request.

 

Alderman Weaver-Lothers stated that she felt we should pursue the dialog.  Alderman Alexander stated that if the town wishes to bare the cost of a sidewalk, Brentwood probably would not have a problem with this request.  Alderman Felts stated that he felt the road repair should begin and then review the sidewalk issue.

 

Mayor Dugger noted that through this discussion he is under the impression that the board wants to pass this Resolution and then initiate discussion with Brentwood to install sidewalks.  If they do not want to install sidewalks it will be reported to this board.  The board was in agreement.  Alderman Alexander made a motion to pass this Resolution, Alderman Curtsinger seconded and this Resolution was passed unanimously.

 

Mayor Dugger stated that he had calculated the figures Alderman Curtsinger inquired earlier on Page two of the Treasurer’s Report.  Mayor Dugger noted that if you backed out the water line grant of  $77,000, the revenues would be over 9%.  The same is with the $77,000 and expense percentage.

 

Alderman Weaver-Lothers noted that a citizen had contacted her in regards to installing reflective material or possible guardrails at Newsome Lane and Rocky Fork Road.  Engineer Woodroof stated that this could be reviewed.  The MUTCD guidelines must be followed for roads.  Alderman Felts noted that when he has driven in that area, there is a blind spot at that location.  Engineer Woodroof stated that this request could be placed into a Resolution.

 

The meeting adjourned at 9:20 p.m.

 

Respectfully submitted,                                                          Approved,

 

 

 

 

Cindy Lancaster                                                                      Walter T. Dugger, III

Town Recorder                                                                       Mayor

Town of Nolensville Special Board of Mayor and Alderman Meeting

Code of Ethics Workshop-Meeting Followed Immediately

Date: September 28, 2006, Time 7:00 p.m.

Nolensville Elementary School

 

Following a workshop conducted by Dennis Huffer with Tennessee Municipal League, Mayor Tommy Dugger opened the special meeting at 8:11 p.m. Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, and Recorder Cindy Lancaster. There were 48 citizens present.

 

Mr. Willis Wells led the prayer and pledge.

 

Mayor Dugger noted that a special meeting was called for a formal hearing on an ethics violation. He noted that a complaint was filed with the Town Attorney. He then turned the meeting over to Town Counsel.

 

Counsel Notestine thanked Mr. Dennis Huffer for his presentation. He noted that a letter of recommendation was submitted to the board noting that a complaint had been submitted to him. He read Section 11, Paragraph 2 (a) to the board. He noted that an incident involving an email was brought to his attention by Alderman Curtsinger. He stated that the first email, dated September 11, that he read did not appear to have an ethical violation. Although, the second email written by Alderman Felts mentioned the Volunteer Fire Department and a written apology by him.

 

Counsel stated that he is the ethics official per the ordinance. He noted that ten years ago he was hired by the board to give legal advice to the entire body of the board. Counsel noted that his job is to be fair and give good legal advice to the board and he views that very seriously. Due to his position he does feel that he has a conflict of interest and cannot investigate this complaint. He noted that he felt the second email may not be in the spirit of the preamble of the Ordinance #06-18. He noted that in the letter to the board he did not have the correct ordinance and referred to section 10. The preamble was added to this ordinance and the letter should have reflected section 11. He stated that additionally in the letter he advised the board that if they elect to have an investigation, he recommended to consider this at a special meeting. He noted this is difficult for him because he represents the Board of Mayor and Aldermen.

 

Alderman Curtsinger made a motion to employ outside independent counsel to perform an investigation, Mayor Dugger seconded. Alderman Felts noted that he would like to recuse himself from the vote and discussion due to his position in the complaint.

 

Alderman Weaver-Lothers: It appears to be a gap. The top portion of the page there some veiled references that I do not feel needs to be edifying and at the very bottom there are references to the local Volunteer Fire Department. Was this in response to a verbal conversation. Are we able to discuss this in order to determine if we are going to take this forward for an investigation.

 

Alderman Curtsinger: To set the record straight the document that Bob sent was incomplete. He did not include the original email. What he presented was an edited version as well as a retraction and apology. The actual, original email was presented to you and if Mr. Felts would like to verify initially that document as being true as the original email, you can pass it down to him, and see, I guess we need to let him verify that is the one he originally authored.

 

Counsel Notestine: For clarification purposes what I attached to the letter is what Alderman Curtsinger gave me that night.

 

Alderman Curtsinger: No, he had two documents and one was not attached.

 

Counsel Notestine: What I focused on was the second email that discussed the fire department.

 

Alderman Curtsinger: Now everyone should have two separate sheets.

 

Mayor Dugger: Alderman Curtsinger passed down a sheet a while ago.

 

Alderman Weaver-Lothers: Alderman Curtsinger to clarify the difference between the two documents; I did not previously have that before me.

 

Alderman Curtsinger read: “they continuously stray away from printing anything about this individual why haven’t they printed anything about lawsuits, past and present, possibility that this individual may have lied in court when he said he didn’t take any money or borrow money from one of our local volunteer groups that seem to have fallen in bed with him” and he starts, “what does this individual do for a living, etcetera, etcetera.”

 

Alderman Curtsinger: That is the initial reference to a volunteer group. It was not until Chief Hughes called Mr. Felts shortly after that was printed that the second document appeared. If you notice it was timed at 5:41, but the original at the top the 4:00 is still there. This was edited and not changed in time and that is where the lapse is. Chief Hughes, I would like to bring him to the podium to verify the fact that he did have this conversation with Alderman Felts. I think for the record we should verify that these documents are real and these events occurred.

 

Mayor Dugger: I think we have the documents, I don’t think we need a statement.

 

Alderman Curtsinger: After the apparent conversation with Chief Hughes, then the retraction was printed here that goes to the point to clarify that the volunteer services that were referenced in the original email were in fact the Volunteer Fire Department the nebulous titles are now removed and this is where it starts and that’s where you are at right now.

 

Alderman Weaver-Lothers: If I can get clarification as to why we did not receive the entire email. How does that happen in a printing situation.

 

Counsel Notestine: That may be my fault. Apparently he gave me two pages but I thought the top of the page with two emails was the same as the other page and frankly if we are basing it on the 4:00 email, it is my opinion that there is no ethical violation. It is the second email dated 5:41p.m. that seemed maybe not be in the spirit of the preamble. I thought the second one was the most important.

 

Alderman Curtsinger: I think that once the conversation between Chief Hughes and Mr. Felts is discovered that will lead openly to quite a bit of investigation and that is why I think this should be looked in to without calling witnesses.

 

Mayor Dugger: It is my understanding that these were not emails, although these were postings on the blog.

 

Alderman Curtsinger: That is correct.

 

Mayor Dugger: I guess there is an ability to go in and edit after posting on a blog. I guess that is why there is two separate 4:00 postings. Just trying to clarify.

 

Counsel Notestine: I must admit that I did not realize that. I did not know the difference between an email and posting on the blog. All I know is that it is in writing.

 

Mayor Dugger: The focus is not to decide, although to turn it over to an attorney for an investigation. I want to make sure the board is aware of that.

 

Alderman Alexander: If our attorney cannot determine if this is an ethical violation, why should we go out and hire another attorney to try and research something to see if it is an ethical violation or not. I am a little lost with this.

 

Alderman Curtsinger: I feel that the important thing to look at is that our attorney has brought it forward and it does has a problem with the preamble as Mr. Huffer just told us you don’t go around and say things and put things in that you don’t want to see in the newspaper and actual fact these emails appeared in the September 22, copy of the Nolensville Dispatch containing what appears to be the same material.

 

Mayor Dugger: We are not hear to discuss that material because that is the edited version that our attorney doesn’t think there is a problem.

 

Alderman Curtsinger: The fact is that it is there and the preamble says to this point “that this end the Town of Nolensville Board of Mayor and Aldermen adopts this code for the town to assure public confidence and the integrity of local governments effective fair operation.” It points to the fact of civility and respect. Just the general nature of the way this is written bares no resemblance of order or respect. Then when the retraction says, “let me say that I did not intent to offend anyone with the Volunteer Fire Department. I did what the local blog does, and post a false statement. The one difference I will admit I printed or said something wrong.” I think there is again the key word is intent. I think it is important that this is discovered that if it wasn’t intent to hurt or harm, why would you make such statements. I would like to know what the intent was and I think we can only get that from an investigation and deposition.

 

Alderman Weaver-Lothers: On a personal note. I’m sure this will be taken for whatever it is worth. I want to say this in respect to anybody of any faith in this room. I’m going to say this for the record. When I was praying for wisdom about tonight and trying to figure out what is going on this verse was one that was pointed out to me. “For where envy and self seeking exist, confusion and every evil thing are there” James 3:16-18 but the wisdom from above that is pure and peaceable gentle, willing to yield, full of mercy and good fruits. Without partiality and without hypocrisies. Now the fruit of righteousness is sewn in peace by those who make peace.” I am wondering if we can make peace. If you have an apology before you, Alderman Curtsinger, if its necessary I will defend you in the right that no one should make these kind of references or allegations to you or whatever your situation. It is not acceptable in a community to do that. No matter how emotional we are, however we are hurt personally, there is a higher standard. For that Alderman I do not say that disrespectfully, I do not mean to bring dishonor to you. I know you from experience to be an honorable man who has served this community tirelessly. I also am offended though that by succumbing to this rhetoric and being here tonight taking time away from families, and community when we could be doing positive good work. I am asking for a peaceable solution and Alderman Curtsinger only you can determine what is best for this community, what’s best for that purpose. I am asking you as a board member, can you accept an apology even if it is written not the correct way that you would prefer, but it is an apology.

 

Alderman Curtsinger: The problem is all the accusations, etcetera, are said in this thing go without being addressed to me. I don’t know who Alderman Felts is referring to in all the comments he makes. However I do know that he addressed a Williamson County organization and accused them, after the fact, particularly when it was discussed. This is strictly from the limited investigation that I have received, of something that approaches perjury as well as misappropriation of funds. He did that to a county organization on which I cannot forgive him. Until we know who the topic of all these attacks points to. He points it at this board. He could be talking to anyone of us on this board. So I don’t know that I am able to say I forgive you, because we have no confession that he attacked me at this point, it could be to Tommy, it could be to you or it could be to Jimmy.

 

Mayor Dugger: Beth’s solution certainly is one to consider and if these accusation are about me I am willing to make peace. You are the one who brought the complaint, so I guess I can’t make peace, but it certainly is the best solution that I see that has been brought to the board.

 

Alderman Alexander: If this article is written about me I would certainly agree to Beth’s statements and make peace for the best interest of the town. Having our dirty laundry as the headlines in the Williamson AM, I’m not sure it is worth this.

 

Mayor Dugger: Along with the additional cost. Depositions were mentioned earlier.

 

Alderman Weaver-Lothers: If the article was written about me, I will go on record that I would be willing to make peace. I think beyond legalities, the common person has common sense. Let’s use common sense here.

 

Alderman Alexander: I agree.

 

Mayor Dugger: I agree.

 

Alderman Weaver-Lothers: I would like to go on record stating that I have not once gone on the blog or Nolensville.net with no disrespect to either, but only through good people, that I respect, have said that it is not a positive, fruitful experience. I don’t mean disrespect to either one, I know there are fine people I’m sure that write in and intend to inform, but the only website that I will communicate through is the official Town of Nolensville website.

 

Counsel Notestine: I would like to make a clarification, based on what Mr. Huffer said this evening the ways you approach this, or what you can do are really outlined in Section 2 (c). It says, when a complaint of a violation of any provision of this chapter is lodged against a member of the municipality’s governing body, the governing body shall either determine that the complaint has merit, determine that the complaint does not have merit, or determine that the complaint has sufficient merit to warrant further investigation. Then it talks about if it has merit to warrant further investigation, it shall authorize an investigation by the city. The only reason I bring it up at this point is that those are your options tonight. It is a new ordinance and we have not been here before, I just wanted to clarify that for the audience.

 

Alderman Alexander: I understand what counsel is saying. Although since Alderman Curtsinger initiated this could he not take Beth’s suggestion and end this matter tonight.

 

Counsel Notestine: Based on his letter, on the information that was presented to him by Alderman Curtsinger. If he feels that it doesn’t have merit, then it is a determination by this board. This board certainly has the right to not take any further action. If Alderman Curtsinger did not want to take any further action, he could certainly announce that. I cannot vote. It was presented to me and I felt the Ordinance said that I had a duty to do something, and that is what I have done.

 

Alderman Curtsinger: My question is to Alderman Felts, who is this email directed toward and what personal knowledge of these facts did you have when you printed this.

 

Alderman Weaver-Lothers: With what we have before us, we have to vote this accordingly and not politically. What that means is that without your withdrawal, some people would be in a position to even not do what they want to do for the best interest of the town to pursue legal investigation. It is in your hands.

 

Alderman Curtsinger: Again we have problems now because we’ve made accusations about a Williamson County Department which includes misappropriation of funds. I guess without Alderman Felts getting up and admitting this entire thing is based upon rumor, innuendo and no personal knowledge, I think that needs to come forward. He was quick to do it for the fire department. It leaves it wide open and people need to know that what he is expounding on is based upon nothing but rumor and maliciousness. If he is willing to do that I think that here is what he’s said, they know what he is capable of writing. If he really wants to be apologetic here is his opportunity to get off.

 

Mayor Dugger: I think our attorney has said that the second 5:41 statement is where there may be a violation.

 

Counsel Notestine: I cannot see where in the ordinance that was passed a violation other than dealing with the preamble. That would take an investigation to determine that, if that is what this board wants to do.

 

Mayor Dugger: If this board could work it out I cannot see to go forward and spend the town’s money with depositions and attorney and all the legal fees. It just doesn’t make any sense to me.

 

Counsel Notestine: I may mention one other thing if you listened to Mr. Huffer tonight, he drafted this ordinance that we adopted just like a lot of cities throughout Tennessee. We did make one change. We added the preamble and so there is no track record for me to go on and talk about what effect the preamble has to this ordinance because it’s just Nolensville. We adopted the preamble. There is no track record or case law. There is no statute for me to go by to make that determination. Frankly I am not even sure what the affect of the violation of a preamble is because it is kind of a preference or introduction into the ordinance. That is one of the reasons I am not in a position to render an opinion on that and then number two is these people up here are who I work for and you people out there as citizens. It would be a conflict of interest to give that opinion.

 

Alderman Alexander: Wouldn’t it be better if tomorrow, or the day after tomorrow, the Williamson AM have the headlines that we have worked things out in an agreeable situation between all of us, instead of the headlines were that we are going to take legal action against one of our Aldermen. I think Beth’s solution is the way we should go and I plead with Mr. Curtsinger to accept that.

 

Alderman Curtsinger: I just think that if Mr. Felts wants to make this easy, he can get up before this audience and explain that everything in here is based upon. You know the problem that I have is intent. What was the intent. If this is written about me or anybody on this board, this all needs to be dismissed, unless he is willing to provide the personal knowledge that he has of these facts. This could go deeper and I think it is a good time to cut it off. He has an opportunity to do it tonight. He has already apologized to the Fire Department. This is an important issue. If not take the Code of Ethics out and put it in the dumpster because gentlemen if you are not going to enforce your code and you are going to allow this kind of stuff to be published, not just there but all over town and these people read it and they have no clue to what is going on and they have no respect for this body.

 

Alderman Weaver-Lothers: I am wondering for clarification from Counsel please, when Mr. Huffer was clarifying that slander was not inside the code, could you clarify, again I understand your position, you can’t make a decision because you have to recuse yourself. But I have to understand what in this is a potential violation of the code if it is not personal conflict of interest and so forth.

 

Counsel Notestine: Slander is a civil action that is something that you would file in Chancery Court or Circuit Court. You would seek some kind of damage claim due to untruth told about an individual. That is not what this is all about. This is, in fact, Mr. Huffer even mentioned that the worse thing that could happen to an official is a censure, which is a public condemnation for certain acts. The BOMA would basically say that certain actions occurred that were not appropriate and is in violation of our ethical ordinance. It is kind of a formal official hand slap. It’s not good publicity and it is probably not good for the ego to get that kind of thing. That is a civil action separate and apart from this. The only thing that I saw that could be possibly construed as a violation of our ethic ordinance is in the preamble it starts out and says

“The citizens of Nolensville are entitled to have fair, ethical and accountable local government that has earned the public's full confidence.” Then it talks about the public officials complying with the letter and spirit of the laws and policies affecting the operations of government. It uses the public officials must be fair. The processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. I did not write this section, but that language is in there and the second email it uses “statements weren’t true” and something about a false statement involving the Fire Department. Based on that and looking at the language I felt that could be considered a violation. Again that is in the preamble and that is not in the body, the rest of the ordinance. That is precisely where I came from in making this letter to the board.

 

Mayor Dugger: It basically says that I just got off the phone with Chief Presley Hughes about a statement I made about a volunteer group giving money to an individual. He let me know right up front that I was wrong. To me he is saying I’m sorry, I made a statement in error.

 

Counsel Notestine: There is an apology in there and when I was writing this letter to the board I realize that is in there, but I felt that the ordinance once it is brought to my attention I need to move forward and at least bring it to your attention and ask for a meeting to determine whether further action was needed.

 

Alderman Weaver-Lothers: So in this are you saying that we have to determine whether an independent counsel will determine whether there is any wrong doing. We can’t even as an option, perform a censure from this board is that correct. Would it have to be investigated first.

 

Mayor Dugger: Can’t we just slap his hand.

 

Counsel Notestine: You could probably issue a censure but I really because the way it was publicized, it is a public meeting to consider the complaint, Cindy will have to correct me, but didn’t it talk about whether an attorney should be hired.

 

Recorder Cindy Lancaster: It said to hear the complaint.

 

Counsel Notestine: You would then have the right to issue a censure.

 

Alderman Curtsinger: Just to let you know where this is going, this is what the routine individual published about this which has gone totally wild, (he read), “I wish some fire fighters would just tell the truth so the rumors would quit making people look bad including the firemen. So what if they did as individuals co-sign a note for Alderman Curtsinger last spring as rumors alleged. It is still a free country it’s their right. There is no wrong doing in it, is there. It is their personal money not the fire department. Of course if there was a loan and he didn’t pay it back then he would personally be profiting and that would be a violation of ethics.”

 

Mayor Dugger: What are you.

 

Alderman Curtsinger: I am just coming off the next chapter of the site.

 

Mayor Dugger: What chapter is that.

 

Alderman Curtsinger: I am just reading what the effect of this is. “The rumors about this have been circulating for months. Is it anybody’s business. Why try to cover up what really happened.” And I think with that kind of stuff out there we need Mr. Felts to come forward and say there is absolutely no basis of fact for what he has printed in all this as well as newspaper and then it can go away.

 

Mayor Dugger: Just for the record I’m not sure from what you just read where it came from. I don’t have any documents of what you just read. Is that just assuming that was the next thing that was written.

 

Alderman Curtsinger: That is what I’ve got.

 

Alderman Weaver-Lothers: Where did you get that, I don’t understand.

 

Alderman Curtsinger: It was from the bulletin board.

 

Alderman Weaver-Lothers: Then it is from the blog site itself. From who, who wrote that. If you are going to introduce this, we need to understand.

 

Alderman Curtsinger: It is from someone who calls themselves lime-o.

 

Alderman Weaver-Lothers: If we are going to introduce any information to this board we are going to have to know the source, isn’t that the point.

 

Alderman Curtsinger: This just clarifies how this thing escalates. All we have to know is who this is referring to and what’s the intent.

 

Mayor Dugger: That is not what we are here to discuss. We are here to discuss the information that we have at hand and the motion on the floor. We are not going by what-ifs, what could be and what might be. The motion on the floor is to hire an outside attorney and Beth come up with, in my opinion, a great solution to settle it here. Even if you want to withdraw your motion and I can second it, we can entertain another motion.

 

Alderman Weaver-Lothers: We cannot have two motions on the floor.

 

Counsel Notestine: You need to deal with the motion that is on the floor, then if there is a second motion after that I think you are free to do it. The way it was advertised was to deal with this complaint.

 

Mayor Dugger: I if this is something that we can deal with tonight and you know as well as anybody we need our funds that we have in our coffers now. We don’t need to be spending money on legal funds that could run into thousands of dollars, when we could use them for road improvements.

 

Alderman Curtsinger: I feel the easiest way to settle this once and for all is an apology and a verification that this is totally based upon no fact all rumor and innuendo and it can go away. Otherwise, we do not know where it is going and I think we’ll have to vote on the motion. That is very simple that solves everything that you all want.

 

Alderman Alexander: When you say all, does that mean that every fact in there, everything that is written in there that he could not verify, is that what you are saying. Maybe there is some things in there that he cannot.

 

Alderman Curtsinger: Then may be we can go line for line, if he wrote it. If he can verify it, especially when he is making statements as to who it affects. That is very simple.

 

Mayor Dugger: I think our attorney has made the decision that part of the letter, or the revised part was not the problem. It is the one section where he retracted the fire department is the problem.

 

Counsel Notestine: All I based it on is the 5:41 p.m. blog posting. I have talked briefly with Alderman Felts about it and, I don’t want to misquote you Larry, but I believe he indicated to me that he did send that and he apparently published something after that as a retraction. The only statement that I based my letter upon at all is the Monday, September 11, 2006, 5:41 p.m. posting that mentioned the Volunteer Fire Department and making a statement that wasn’t true.

 

Mayor Dugger: So everything about that Joe you are asking for something.

 

Alderman Curtsinger: Well you go to this individual may have lied in court when he said he didn’t take any money or borrow money from one of our local volunteer groups that seems to have fallen in bed with him. Now we know the volunteer group is the fire department, and him is clearly probably pointing toward me. However, it still could be anyone of you and to clear this board of any wrong doing and to restore public integrity, it would be very quick for him to say there is no basis in fact for this and I did this, I don’t know what the intent was.

 

Mayor Dugger: I think he said that. He apologized. He said he made a wrong statement.

 

Alderman Curtsinger: He made it to the fire department. He never said to him. The fire department didn’t lie in court, and the fire department didn’t take money. So him has to be whomever Mr. Felts needs to apologize to, but he needs to make it public to this body and let them know that there was no basis and fact for this statement. If we are not going to discover intent then there you go.

 

Alderman Alexander: That is in this paragraph that is not what our attorney has said would be problematic.

 

Counsel Notestine: The first posting that I saw, the 4:00 one, when there are no names named it seems to be just general internet blog discussion. Without a name, I just cannot see where that violates our ordinance. It is just outside the scope of our ordinance.

 

Alderman Weaver-Lothers: If it was possible for Alderman Felts to apologize for the portions that were introduced to this board. Can he publicly apologize again, and particularly if it is directed to, that statement in that section, to someone on this board. Would you be willing to apologize for that.

 

Alderman Felts: Yes.

 

Alderman Weaver-Lothers: The portion we are considering is the second part I don’t know if that is in lines, Alderman Curtsinger, with what your saying. And the part that we are addressing as a board that he would be willing to apologize and even this board prepensely pursue censor for what he has admitted to what he has done wrong.

 

Alderman Curtsinger: I think that if he gets up and apologizes to both whoever this person is, that he is pointing the finger at, as well as the fire department, before this body, and then receive a censor from the board, I think that is the way to go. That would stop it tonight.

 

Alderman Weaver-Lothers: I think there is a famous verse that says you know he who is without sin cast the first stone, and I live in a community where you know I am going to make mistakes and we all are going to make mistakes but we have to own up to them and apologize for them and I hope that we are all big enough to forgive. None of us are perfect in this room and if we are not willing to forgive I feel sorry for the people living here.

 

Alderman Curtsinger: I didn’t print it in the paper and I didn’t put it on the internet.

 

Alderman Weaver-Lothers: I know you didn’t sir, but I will go on record here that that should not have gone in the paper, I’ll go on the record with that, because this is the stuff that we don’t need in this town.

 

Mayor Dugger: Let’s, evidently you are standing your ground, Joe.

 

Alderman Curtsinger: I have made an offer that will stop it tonight and I don’t think it is unreasonable.

 

Alderman Weaver-Lothers: I think he was saying under the terms of the second portion also a personal apology to him for the second portion. Am I correct.

 

Counsel Notestine: Procedurally I want to make it clear that we are all on the same page. We have a motion on the floor, and we have a second I think you are going to have to probably deal with the motion, if that does not pass you are free to make any other kind of motion and deal with some other kind of alternative. Now Alderman Felts is free to do what he wants to do, I cannot give him independent legal counsel. I am not his independent attorney tonight on this and Larry I just wanted to make sure you know that. Whatever you decide to do, because I am acting on behalf of the town and this board I cannot give you independent legal advice.

 

Alderman Alexander: If he makes an apology for the second paragraph, the 5:41 paragraph, would that not clear up this situation. We are not to consider the 4:00 posting, just the 5:41.

 

Alderman Curtsinger: I think we are to consider the 4:00 posting.

 

Alderman Alexander: Our attorney said no.

 

Alderman Curtsinger: When the attorney, at the time it came forth, now that it has been identified; I think it all comes back together. And that is why an investigation will put it back together.

 

Mayor Dugger: He didn’t think so, that is what our advice from the attorney said. It doesn’t say anything about the 4:00 posting. We keep talking about an apology and the 5:41 posting. Larry clearly apologizes for making those comments and signed it Larry Felts. He has clearly apologized to the Volunteer Fire Department. I think we are back to whether we want to spend thousands of dollars for an outside legal counsel or whether we want to resolve it tonight.

 

Alderman Weaver-Lothers: The problem is when we are talking about a possible censure or a possible apology, if I understand correctly in process; we can’t pursue that until we address the first motion. So if that is a perquisite, for somebody to know how they are going to make a decision in voting how do we do that.

 

Counsel Notestine: The parties could withdraw their motion for the purposes of seeing if there are any other motions on the floor and that doesn’t prohibit them from coming back and making that motion again.

 

Alderman Weaver-Lothers: o.k. then it doesn’t prohibit them from bringing it back.

 

Counsel Notestine: But the first and second have to withdraw or you can suspend the rules, and by suspending the rules you can say we are going to put this on the table temporarily and go ahead with another motion.

 

Alderman Curtsinger: I do not think that is proper on suspending the rules. That is only if it refers to agenda situations.

 

Counsel Notestine: It would have to put to a vote.

 

Alderman Alexander: If the second could withdraw his second and that end the motion.

 

Counsel Notestine: He has already made his second and I think we have to be joint. If you vote on it, I can’t say what is going to happen if it doesn’t pass you can go ahead to the next thing.

 

Alderman Weaver-Lothers: Alderman Curtsinger would you be willing to withdrawing the motion for the sake of discussion for the other two items we previously discussed and if that is not a resolve that is acceptable to you, you still have the opportunity to make the motion again. That is what I am hearing

 

Alderman Curtsinger: If it is withdrawn there are no assurances of a second. I mean we are in a situation right now where if he wants to get up during the discussion and tell these folks that we can withdraw the motion and we can go home. It is that simple.

 

Alderman Alexander: I think that if he gets up and makes public his apology that he had over the telephone with Mr. Hughes, to me would that resolve it.

 

Alderman Curtsinger: If he is not man enough to get up before these people and apologize for whoever he made these insults to, I don’t think you guys are getting the message tonight. If I had written this I would sit here and tell everyone, and I was truly sorry about it, I would beg your forgiveness and understanding. But I do not think to let him walk out of here writing this stuff and publishing it in the paper, you are down playing it and that is my position.

 

Mayor Dugger: So you are not willing to withdraw your motion.

 

Alderman Curtsinger: No, I have told you what I need to do it; otherwise there it is you can vote it down.

 

Alderman Alexander: You mean you would rather continue this than to build a sidewalk somewhere or a couple of sidewalks and put up some streetlights, or fix a road.

 

Alderman Curtsinger: Point of order, situation on the floor.

 

Mayor Dugger: Part of the discussion is the money that would cost, with no further discussion.

 

Alderman Curtsinger: Well then don’t blame me, blame the man who could resolve it right now.

 

Alderman Alexander: Is it o.k. if I blame you.

 

Alderman Curtsinger: Sure go ahead.

 

Alderman Alexander: O.k. I blame you.

 

Alderman Curtsinger: Thank you.

 

Alderman Weaver-Lothers: Can I ask a question, is there a possibility that if this is pursued by outside counsel to determine objectively, if there has been a violation or not, that would be covered through TML legal funds, is that a possibility. Has that been pursued or entertained. Since you’re finding that you cannot make a good decision.

 

Counsel Notestine: TML would have to address that. I don’t think it would be covered by the insurance program, the liability insurance because it is not a filed civil complaint in a court in Tennessee. That is generally what they defend. My gut level reaction here tonight is they would not cover the cost of it.

 

Alderman Weaver-Lothers: They would not cover the cost of it.

 

Counsel Notestine: There would be some expense. If you have a counsel that is knowledgeable in municipal law and they are pretty rare, and you are going to spend probably a couple hundred bucks per hour.

 

Mayor Dugger: I will say that I will vote against this and I would give you another second if you withdrew your first, but if we are ready to vote, we’ll vote this and we’ll entertain another motion. The way it is now, I think that going ahead and censoring tonight, if that is the case, may be the better option than hiring outside legal counsel and spend the town’s money. With no other discussion, we will take a vote and the vote is if you vote in favor it will be to hire an outside attorney to conduct an investigation, if you vote against it, it is to not hire an outside attorney. All in favor say Aye or raise your hand.

 

Alderman Curtsinger voted in favor, Mayor Dugger, Aldermen Alexander and Weaver-Lothers voted against, Alderman Felts recused himself. The motion failed with majority.

 

Alderman Weaver-Lothers: I would like to make another motion please. If I can word this correctly, I would like Alderman Felts to please address the second portion that he has admitted to making an apology, and I would like to make an official motion that we as a board consider an official censorship in his representation of our town.

 

Alderman Alexander: I second the motion – I would like to second that.

 

Mayor Dugger: O.k. now we are back to discussion.

 

Counsel Notestine: The only comment that I would like to make on that is that by making this motion at the meeting it is in effect a resolution. Actions like this do not require two votes. It will be voted on tonight and it is called a public censure and that is publicly the Board of Mayor and Aldermen saying this action was in violation of our ethical ordinance and that of course would be a public record. There is no kind of fine involved or anything like that as Mr. Huffer mentioned is not in our ordinance. If it were it would be fifty dollars max. It is a public condemnation of certain actions of the part of the elected official.

 

Mayor Dugger: Is there any other discussion.

 

Alderman Weaver-Lothers: For the record that our censure is addressing his official apology for misstatements made. I think it is duly noted that when something is incorrectly said, it should not be said period, but it is in the form of his attempt to apologize.

 

Counsel Notestine: I can mention one other thing, if a public censure is approved that is in the permanent record of the minutes of the town and I just wanted to mention that it is a permanent record.

 

Alderman Curtsinger: Can we break that motion into two pieces since it includes a censure with another action.

 

Alderman Weaver-Lothers: Yes I can. Do you want me to address the first motion first; we cannot have two motions on the floor.

 

Counsel Notestine: I am not sure what you are talking about, I am not sure I understand the question, but if you vote on this motion, you can of course entertain another motion.

 

Alderman Weaver-Lothers: Alderman Curtsinger could you please clarify how you would like that restated in two portions please.

 

Alderman Curtsinger: You apparently made reference to some action and then to if on results of that action you asked for censure, I don’t think you do that, I think the act of censure should be an official independent motion. So I think you should split your motion and decide how you are going to arrive at that situation.

 

Alderman Weaver-Lothers: I understood my motion to be in terms of an official censure, but I also within that, I am just going on record that it was within a public apology. I don’t believe that those are two separate issues.

 

Alderman Curtsinger: So this is the motion for an official censure.

 

Alderman Weaver-Lothers: This is correct for public censure for statements made in a public apology for the second email that was presented at 5:41.

 

Mayor Dugger: Any other discussion.

 

Alderman Alexander: I will second that.

 

Mayor Dugger: Any other discussion. All in favor say Aye.

 

Mayor Dugger, Aldermen Alexander and Weaver-Lothers for, Alderman Curtsinger opposed and Alderman Felts recused. The motion passed with a majority.

 

Alderman Curtsinger: With entered into the minutes I don’t think this is necessarily appropriate action but I do agree that he be censured.

 

Mayor Dugger: I move for adjournment.

 

Alderman Alexander: I’ll second that.

 

The meeting adjourned at 9:10 p.m.

 

Respectfully submitted, Approved,

 

 

 

 

Cindy Lancaster Walter T. Dugger, III

Town Recorder                                                                       Mayor

Meeting Date: September 7, 2006, Time 7:00 p.m.

Nolensville Elementary School

Mayor Tommy Dugger opened the meeting at 7:05 p.m. Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 65 citizens present.

Mr. Willis Wells led the prayer and pledge.

State Representative Glen Casada introduced himself to the audience noting that he was running for State Representative.

Mr. Jack Johnson thanked everyone for supporting him in the primary and asked for everyone’s vote in the state senate race.

Ms. Lynda Moses, Rock Springs Road, stated that her family has had the fire department at her home on several occasions and commended their hard work. She asks that the board address the Burkitt Road area and the continued wrecks at this location. She again asked the board to change the Planning Commission meetings from the second Thursday of the month so that Nolensville citizens can attend the Williamson County Planning Commission meeting.

Mr. Porter Freeman, Nolensville Road, stated that Article 2, Section 29 says that you cannot give money to the fire department. He further stated that the long rains are flooding homes in the area. The additional new homes that are being built worsen the flooding. After the county built the bridge on Brittain Road a dam was created. Something needs to be done.

Ms. Paulette Sullivan, Nolensville Road, asked if Nolen Park has storm drains. She stated that her basement has flooded with these rains and has never flooded in the past. Engineer Woodroof stated that there is a situation that is currently being resolved regarding detention ponds.

Ms. Sherry Knapper, Stonebrook Boulevard, stated that the people of Nolensville are entitled to the truth about the candidates. She ask that any candidate who has lawsuits to please make this known to the citizens. Ms. Knapper stated that there are copies of these lawsuits being circulated throughout the town. She further noted that currently the town has two million dollars in the bank and this should be monitored. She thanked Alderman Felts for presenting the code of ethics.

Alderman Curtsinger made a motion to approve the minutes from the regular meeting of August 3, Alderman Weaver-Lothers seconded. Alderman Weaver-Lothers made a motion to amend the minutes on page two. Ballenger Farms should be changed to Bent Creek. Alderman Alexander seconded and this amendment passed unanimously. The minutes were then approved as amended unanimously.

Mayor Dugger noted that a letter was received from Dr. Clark, although was not signed by him. He noted that he requested this to be read to the audience. Mayor Dugger reminded the board that an announcement was made earlier that letters or comments would not be read during the citizen’s comments.

Recorder Lancaster presented the treasurer’s report. Alderman Curtsinger asked that the percentages be placed on the report as previously preformed. Recorder noted this could be done. Alderman Felts made a motion to approve the report, Mayor Dugger seconded and this passed unanimously.

Committee reports: Mr. Willis Wells reported for the Planning Commission.

• Site review for new Nolensville Elementary School
• Zoning amendments for Kelly property was approved
• Rezoning for Nolensville Road property was withdrawn by applicant
• Zoning ordinance amendment for recreation and commercial definitions was approved
• Haley Industrial Phase IV was approved
• Monthly Bond report was approved
• Commission member John Boyd’s resignation was accepted

Ms. Betty Friedlander reported for the Historic Commission.

• McCord property application to demolish out buildings was approved
• Encouraged BOMA to approve the Zoning ordinance changes for the Historic District Commission
• Keep Williamson Beautiful campaign is in progress

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Two new applications for membership
• Four members taking First Responder test
• October 8-14 Fire Prevention Week
• Noted kitchen fires are #1 cause of fires
• Noted Monday will be the 5th anniversary of 9/11

Rich Woodroof reported for the Code's Department

• 56 residential permits issued
• 438 building inspections performed
• Pre-con meeting for school was performed – work is anticipated to begin on Monday
• Met with Florence and Hutcheson – they are 30% complete – anticipating reporting to theBoard next month

 

Alderman Felts asked if a meeting date was set for Cates and Kottas, as they had previously requested. Mayor Dugger stated that the Design Review Committee would meet with them first.

Chief Paul Rigsby reported for the Police Department • A written report was submitted • Every officer received a new fitted bullet proof vest • City of Berry Hill donated a police car to Nolensville Mayor Dugger reported for the Public Works Department A written report was submitted to the board

A Litter Proclamation was read by Alderman Beth Weaver-Lother

Mayor Dugger introduced Raylene King, a breast cancer survivor. Ms. King thanked the board for the proclamation and recognition. She went over various facts in regards to Breast Cancer.

Alderman Weaver-Lothers read the breast cancer proclamation and presented this to Ms. King.

Mayor Dugger noted that the various commissions and board took an educational field trip. He thanked Alderman Weaver-Lothers for putting this enlightening trip together.

Mayor Dugger noted that the newspaper had reported that a lawsuit was filed against the Town of Nolensville. The town has not been notified of this lawsuit.

Mayor Dugger asked the board if they wanted to begin the process of the Rocky Fork realignment. Alderman Curtsinger asked if Engineer Woodroof and Town Planner Laird could give the board an outlay of the process and a timeframe. Mr. Woodroof stated that he could not give a begin to end date due to several variables. He noted that an engineering firm would have to be hired. This firm would put together bid documents and oversee the process. He noted that due to Mill Creek being involved, permits would have to be obtained to allow construction.

There are specific rules and regulations for crayfish. He further noted that he would like to obtain a timeframe from the board to initiate this process. Alderman Weaver-Lothers asked what he needed from this board to begin the process. Mayor Dugger stated that a resolution should be presented to hire an engineering firm. Alderman Felts noted that it may be in the best interest to get the school board involved to discuss traffic issues.

Alderman Curtsinger stated that we may need to have a workshop to discuss this due to all the various issues. Alderman Alexander asked if the engineer could contact a firm to obtain a time line and procedure for the process. Engineer Woodroof stated that this could be done. Mayor Dugger stated that a workshop would be set for this issue.

Public hearing on Ordinance #06-16, an Ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to regulate garage entry design opened at 7:58. Counsel noted the process of an ordinance. Mr. Laird addressed this ordinance.

Mr. Larry Gardner, York Road, asked that this be passed in order to assist in the neighborhoods appearance.

Ms. Sherry Knapper, Stonebrook Boulevard, asked for clarification on the percentage of side entry garages. Mayor Dugger stated 30%. The public hearing was closed at 7:59 p.m. Public hearing on Ordinance #06-17, an ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to participate in the National Flood Insurance Program, opened at 7:59.

Engineer Woodroof noted that these are requirements that FEMA has mandated. There was no public comment. The public hearing closed at 8:00 p.m.

Second reading of Ordinance #06-12, an Ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to address non-conforming uses. Counsel Notestine noted this is a compliance issue, much like ordinance #06-17.

Mr. Larry Gardner asked if this applied to lots that do not have pre-existing establishments and zoning. Engineer Woodroof stated that the confusion on this is that two different ordinances are being addressed. This ordinance brings the zoning ordinance in compliance with state law.

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

Second reading of Ordinance #06-13, an Ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to address Historic Zoning Commission. Counsel Notestine noted that this ordinance redefines the Historic Zoning Commission. Alderman Weaver-Lothers made a motion to approve this ordinance, Mayor Dugger seconded and this passed unanimously.

Second reading of Ordinance #06-14, an Ordinance to amend the zoning map of the Town of Nolensville to amend an area currently zoned Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO). Alderman Alexander noted that this is in compliance with the Land Use Plan. Alderman Felts made a motion to approve, Alderman Alexander seconded and this passed unanimously.

Second reading of Ordinance #06-18, an ordinance to adopt code of ethics. Alderman Curtsinger made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously. Alderman Felts read a statement that he prepared to address the code of ethics.

The audience applauded.

First reading of Ordinance #06-19, an ordinance to amend the zoning ordinance #04-09 to revise definitions pertaining to recreation, commercial and indoor uses. Counsel Notestine noted this is to clarify up various definitions.

Mr. Aubrey Short, Rockwood Drive, noted that section 4 has a typo that states, “has been ordered” twice. Alderman Felts made a motion to strike one “has been ordered” in Section 4,

Alderman Weaver-Lothers seconded. Alderman Felts made a motion to approve this ordinance as amended, Alderman Curtsinger seconded and this passed unanimously.

First reading of Ordinance #06-20, an Ordinance to name Peoples State Bank as a depository for town funds. Counsel Notestine noted this was considered by resolution and Alderman Curtsinger brought to the board’s attention that this should have been done by ordinance. Mr. Hoyt Bedingfield, Pumpkin Ridge Court, stated that this ordinance is reconfirming resolution #06-16. He stated that it has been his experience that you do not normally have

elected officials and people involved with day-to-day operation making decisions for the town. He would suggest that the board delegate this to another qualified individual.

Alderman Curtsinger stated that the resolution should be rescinded. He noted that the resolution had nothing to do with the bank, but has to do with the policy. It should be taken back to the drawing board.

Counsel Notestine noted that the ordinance before the board tonight is to amend the Town Code Title 5. If the board wishes to rescind Resolution #06-16, that should be done by placing that request on the agenda.

Alderman Curtsinger noted that this ordinance refers to Resolution 06-16. Counsel stated that the “Whereas” is for reference and noted this is first reading.

Mayor Dugger made a motion to amend this ordinance by changing the name to Peoples State Bank of Commerce, Alderman Alexander seconded and this amendment passed unanimously.

Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed by majority, Mayor Dugger, Aldermen Alexander, Felts, and Weaver-Lothers for, Alderman Curtsinger against.

First reading of Ordinance #06-21, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS), with a Commercial Corridor Overlay (CCO), Engineer Woodroof noted that this should be Estate Residential (ER) and not Suburban Residential (SR). Alderman Alexander noted that he voted for this rezoning because this conforms to the Land Use Policy Plan.

Mayor Dugger stated that he had a conflict of interest and would not participate in the discussion of this issue or the vote.

Alderman Weaver-Lothers asked for more information from adjacent property owners. Engineer Woodroof stated that no one has given input. Alderman Weaver-Lothers asked if property notice had been given to the adjacent property owners. Engineer Woodroof stated that they would receive proper notice prior to the public hearing.

Alderman Curtsinger noted that there is no other commercial in that area and he feels that it has some issues, therefore, he feels that it should keep the non-conforming use. Engineer Woodroof stated that the county allowed mix use. When the town incorporated there was a residence, in addition to a business, at that location. At that time it was zoned as a nonconforming use.

Alderman Alexander stated that the Planning Commission one year ago reviewed this and it was decided that this would be commercial to Brittain Lane.

Alderman Curtsinger stated that the goal has been to keep that side of the road residential; therefore it is better to keep it as a non-conforming use.

Alderman Alexander stated that there was numerous meetings held to review and approve the Land Use Policy and this zoning is allowed through the Land Use Policy.

Alderman Curtsinger stated he felt this was spot zoning.

Mr. Ken Kelley, owner of the property, stated that he was in attendance for any questions that the board may have. He noted that six months ago this body voted to allow the same zoning he is requesting. He asked the board what had changed other than he becoming the owner of the property.

Alderman Felts asked what type of business Mr. Kelley would have at this location. Mr. Kelley stated that he has had numerous renter's request information on this location. He noted that real estate, doctor, dentist and numerous others have contacted him about renting.

Alderman Curtsinger asked if the uses that he had mentioned would be affected by the nonconforming use.

Mr. Kelley stated that it was his understanding that for this entire structure to be retail, it must be rezoned. Engineer Woodroof stated that a doctor’s office would not be allowed.

Mr. Aubrey Short, Rockwood Drive, noted that after Mr. Marusa’s property burned, the building was rebuilt and made larger than the original building.

Mr. Larry Gardner, York Road, stated that he opposed this at the Planning Commission. He stated that he had a concern about the floodplain. He noted that Mr. Kelley states that if it is commercial he will not change the use, but he can if it is rezoned. He thinks this is spot zoning. Counsel Notestine noted that the county allowed a conditional use.

Mr. Frank Wilson, Nolensville Road, noted the Planning Commission approved this as commercial. It passed on first reading six months ago when a request for a dentist office was made to be at that location. The applicant withdrew the request.

Alderman Curtsinger stated that there has been a lot of discussion since that request and he does not see any reason to change this zoning. It should remain a non-conforming use. Engineer Woodroof noted that prior to a grading permit being issued it would go before the Planning Commission.

Alderman Weaver-Lothers stated that she did not agree that it was spot zoning. Her concern is that it complies with the Land Use Plan and that they neighbors do not have a problem with this zoning.

Alderman Alexander stated that he did not recall any objection to the zoning of that property during the discussions of the Land Use Plan.

Alderman Alexander made a motion to approve this ordinance, Alderman Felts seconded and this passed by majority with Alderman Alexander, Felts and Weaver-Lothers for, Alderman Curtsinger against and Mayor Dugger abstained.

Reading of Resolution #06-18, a Resolution to affirm the purchase of land from Metro Nashville. Counsel Notestine noted the town purchased a parcel of land and this resolution ratifies that transaction.

Mr. Matt Happle, Sam Donald Road, stated that the land acquisition was a good purchase for the kids that play soccer at that location.

Mayor Dugger made a motion to approve this Resolution, Alderman Alexander seconded and this passed unanimously.

Reading of Resolution #06-19, a Resolution to financially assist in the construction of the fire hall. Counsel noted this is a resolution with one reading required. Alderman Curtsinger noted this previously was discussed and agreed to fund. With the growth in Nolensville the Fire Department does not have adequate fire equipment. This will increase the protection. Alderman Curtsinger stated that Mayor Knapper had agreed to do this in earlier meetings. This is the first step in the process and the county has agreed to match the town funding. Alderman Curtsinger made a motion to pass this resolution, Alderman Weaver-Lothers seconded.

Chief Presley Hughes spoke to the board noting that he had submitted a letter with various dates showing the chain of events. He noted the fire department is currently attempting to purchase an aerial truck, which will occupy two spaces. Mayor Knapper had met with County Mayor Anderson and he committed to the addition onto the building. Currently the county is waiting on a letter of intent from the Town of Nolensville.

County Commissioner Lew Green addressed the board noting that the resolution points out this will be a fifty-fifty joint venture. The county does this frequently with other municipalities.

Currently the county is in a joint venture with Spring Hill. Mr. Aubrey Short, Rockwood Drive, spoke in favor of the resolution. He noted that currently there is a sprinkler ordinance in effect, although the Silver Stream subdivision is not currently sprinkled due to being under the county jurisdiction.

Mayor Dugger noted that he is for fire protection and the fire department. He stated that he does have some concerns. It was noted previously that field lines were an issue in regards to building an addition. Chief Hughes stated that this has been resolved. He noted that a neighbor has given approval for an alternate field line site. Mayor Dugger stated that another concern was MTAS recommended to build at a different location in order to assist in the ISO rating. Chief Hughes stated that they are opposed due to this not being cost effective and the purchase of an aerial truck assisting in the ISO rating.

There was extensive discussion.

Alderman Weaver-Lothers inquired about the ownership of the building clarifying that the county would remain the owner.

Mr. Keith Rosenberry, Volunteer Fireman, stated that if a second fire hall was constructed a question would arise from the firemen as to which facility to respond. Additionally, there would be an added cost to have this facility “outfitted”.

When Commissioner Green was asked about the possibility of a joint venture for a second fire hall he stated that there are 24 other commissioners that would have input on this issue. Alderman Felts inquired as to the cost of an aerial truck. Chief Hughes stated approximately $750,000. Alderman Felts noted that the department would then return within a year for a request to assist in funding an aerial truck.

There was extensive discussion on the aerial truck and the building. Alderman Curtsinger called for the question, Alderman Curtsinger voted for, Aldermen Alexander, Felts, Weaver-Lothers, and Mayor Dugger against. Chief Presley Hughes called point of order. Mayor Dugger ask that a workshop be held to discuss this further. Alderman Curtsinger stated that all the homes have been approved for construction, there may be some liability and there doesn’t need to be a delay in the vote.

Alderman Weaver-Lothers stated that she is in support of the fire department, although $240,000 is a large sum of money that would require us to ask some important questions this evening. In questioning the County Commissioner he confirmed that the towns contribution would be an investment in the county’s land and not necessarily recouped by the town in the future.

Mayor Dugger made a motion to defer until next month to look at short term and long term options, Alderman Alexander seconded. This motion was void due to a motion currently on the floor.

Alderman Curtsinger called for the question, Alderman Curtsinger voted for, Aldermen Alexander, Felts, Weaver-Lothers, and Mayor Dugger against.

Alderman Alexander stated that he would like to have a workshop on this and bring back to the board in 30-days. Alderman Weaver-Lothers agreed to have a workshop.

Chief Presley Hughes called for a point of order. Alderman Curtsinger called for the vote. The vote was then taken with Aldermen, Curtsinger, Felts and Weaver-Lothers for, Alderman Alexander and Dugger against. The Resolution passed by majority vote.

The meeting adjourned at 10:50 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                Walter T. Dugger, III

Town                                 Recorder Mayor

Meeting Date: August 3, 2006, Time 7:00 p.m.

Nolensville Elementary School

Mayor Tommy Dugger opened the meeting at 7:08 p.m. Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 28 citizens present.

Mr. Willis Wells led the prayer and pledge.

Ms. Rebecca Leonard, owner of Leonard’s Antiques at the Creamery in downtown Nolensville. She requested intervention from code violations in order to stay in business. She stated that they hate to close their doors. She stated that a list of code violations had been sent to the owner of the property. She knows for sure that one item cannot be resolved by the deadline of November 1st, which was the date in the letter. She asked the board why are they the victim? She questioned if these issues were related to what is going on at the feed mill. She noted that they had received every license that was needed to do business in Nolensville. Don Swartz, Michael Blanks, and Rich Woodroof have harassed them. These gentlemen have attacked several businesses. The Codes Department “needs to be gotten under control”. She stated that if the town did not want businesses in the downtown historic area just please let them know.

Alderman Curtsinger asked what are the violations. Ms. Leonard stated that Mr. Woodroof could better answer that question.

Engineer Woodroof stated that per the 2003 International Building Code, the minimum requirements are a restroom and water fountain. There were other issues which the property owner had never pulled permits initially to do repairs. Once permits were pulled, the town was not contacted for the proper inspections. The property owner assumed it was up to codes.

Alderman Weaver-Lothers asked if there was a possibility to extend the deadline. Engineer Woodroof stated that as long as progress was being made the town would work with the property owner.

Ms. Leonard additionally asked why didn’t Mr. Swartz or Mr. Woodroof address these issues when they were in the store on the first day the business opened. Mayor Dugger stated that they would meet with Ms. Leonard after the meeting to discuss this further.

Alderman Felts made a motion to approve the minutes from the regular meeting of July 6, Alderman Alexander seconded. Mayor Dugger noted that Mr. David Rowland made a statement that the bank must be collateralized with the State, and People’s Bank was not collateralized.

That was an incorrect statement made by Mr. Rowland.

Alderman Curtsinger stated that we violated the charter last month by approving Resolution #06- 17 and this should be withdrawn. The charter states that this should be done by ordinance and was performed by Resolution. He noted that ordinance 96-03 was adopted naming First Tennessee Bank as the official depository. The vote was then taken and the minutes were approved unanimously.

Alderman Alexander made a motion to approve the treasurer’s report that was before the board. Mayor Dugger seconded. The report was approved unanimously.

Committee reports: Mr. Willis Wells reported for the Planning Commission.

• Water availability was discussed
• Haley Lot 17 was approved
• Sam Donald Road issues were discussed
• Garage design was discussed
• Article 5 recommendations were approved
• Matt Happle reported for the Design Review Committee
• Mayor Dugger addressed the water system and Feed Mill
• Bond report was accepted

There was no report for the Historic Commission due to Ms. Betty Friedlander’s absence Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Calls are continually increasing
• Burn permits have been banned
• Five members are attending First Responders Class

Rich Woodroof reported for the Code's Department

• 40 residential permits issued
• 43 mechanical permits issued
• 43 plumbing permits issued
• 400 - 450 building inspections performed
• Inspections for new school will be performed by town

Town Planner Henry Laird stated that Florence and Hutcheson is currently doing an inventory of roads in Nolensville and the Urban Growth Boundary. Traffic data is being obtained and hopefully within a couple of months this study will be completed.

Alderman Curtsinger asked if they could perform larger studies to encompass parks and schools. Mr. Laird stated that he felt those studies could be performed at an additional cost, although this contract is specifically for roads.

Alderman Weaver-Lothers commended Rich on the job that has been performed on Bent Creek, but would like to show him some minor areas of concern.

Chief Paul Rigsby reported for the Police Department

• A written report was submitted
• Officer Jon Tucker was sworn into office

Mayor Dugger reported for the Public Works Department

• A written report was submitted to the board

Mayor's report: Mayor Dugger noted that a bid for Waller Road has been received and it is approximately $40,000 more than the initial bid. Alderman Curtsinger stated that he felt the town has made the obligation to repair Waller Road. He further inquired if the portion on Split Log had been removed from the estimate. Engineer Woodroof noted that this bid is not just to repave, but also to rebuild.

Public hearing on Ordinance #06-12, an ordinance to amend the zoning Ordinance 04-09, of the Town of Nolensville to address non-conforming uses opened at 7:52. Counsel Notestine noted that agenda items 8, 9 and 10 were public hearings. He then instructed the audience on the process of an ordinance. Mr. Laird noted that this ordinance relates to non-residential uses and brings the town in line with state law.

Mr. Larry Gardner, York Road, asked if this was currently a problem. Mr. Laird stated that mostly the property in the northern town limits is being affected. Counsel Notestine clarified non-conforming uses to the board. Public hearing closed at 7:56.

Public hearing of Ordinance #06-13, an ordinance to amend the zoning ordinance 04-09, of the Town of Nolensville to address Historic Zoning Commission opened at 7:56. Counsel Notestine noted this is an ordinance that addresses issues in regards to the Historic Zoning Commission.

There was no public comment. The public hearing closed at 7:57.

Public hearing of Ordinance #06-14, an ordinance to amend the zoning map of the Town of Nolensville to amend an area currently zoned Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) opened at 7:57. Planner Henry Laird noted this is rezoning of property known as “Darks”.

Mr. Roger Jenkins, 1692 Sunset Road, asked if a piece of property was in the floodplain. Engineer Woodroof stated that if that property were in the floodplain it would be addressed prior to anything being built at that location. Public hearing ended at 7:59.

Second reading of Ordinance #06-15, an ordinance to regulate the floodplain. Mayor Dugger noted that this ordinance is being withdrawn due to the reading of ordinance #06-17.

First reading of Ordinance #06-16, an ordinance to amend the zoning ordinance to regulate garage entry design. Mr. Laird described this ordinance noting limiting front entry garages. Alderman Weaver-Lothers made a motion to approve this ordinance, Alderman Felts seconded. Alderman Alexander made a motion to amend the last statement to read: “**Lots on the preliminary and final plats shall be designated as to garage entry types”, Alderman Weaver- Lothers seconded. This amendment passed unanimously.

Alderman Alexander clarified that this ordinance regulates future developments and not approved developments. Planner Laird stated that this is correct. Alderman Curtsinger asked if this would apply to SR zone or would it be optional? Planner Laird stated that it would apply.

The vote was then taken and passed unanimously on the ordinance as amended.

First reading of Ordinance #06-17, an ordinance to amend the zoning ordinance to participate in the National Flood Insurance Program. Engineer Woodroof described this ordinance. Alderman Curtsinger clarified that this ordinance does not change the current cut and fill standards. Engineer Woodroof stated that it does not change those standards. Mayor Dugger noted that these changes were initiated by FEMA. Alderman Felts made a motion to approve this ordinance, Mayor Dugger seconded and this passed unanimously. First reading of Ordinance #06-18, an ordinance to adopt a code of ethics. Alderman Felts noted that the consensus of the Monday night meeting with the Board of Mayor and Aldermen and Town Commissions, the MTAS version of the Code of Ethics be adopted. He noted that Thursday morning a meeting was held in Smyrna and he was given a copy of their version. He stated that everyone knows that he has spent several hours on a code of ethics prior to the MTAS version. Alderman Felts made a motion to adopt the MTAS version code of ethics, Alderman Curtsinger seconded.

Alderman Felts stated that he would like to add the preamble of his version to the MTAS document; he read the preamble as follows:

“The citizens of Nolensville are entitled to have fair, ethical and accountable local government that has earned the public's full confidence for integrity. Furthermore, the effective functioning of democratic government requires that public officials comply with both the letter and spirit of the laws and policies affecting the operations of government; public officials be independent, impartial and fair in their judgment and actions; public office be used for the public good, not for personal gain; and public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. To this end, the Town of Nolensville Board of Mayor and Aldermen adopts this Code of Ethics for the Town of Nolensville to assure public confidence in the integrity of local government and its effective and fair operation.”

Mayor Dugger asked for citizen’s input.

Mr. Aubrey Short, 803 Rockwood Drive, noted that he had addressed the Board at the workshop and emailed the board regarding his reading of the code of ethics from MTAS. He noted that he examined the referenced TCA. Mr. Short stated that this is a very good document and feels that the town should adopt the MTAS version. I respectfully ask that the board adopt this code of ethics with Alderman Felt’s preamble.

Counsel Notestine noted that if the board does adopt the preamble, if could easily be placed into Section 1. Alderman Felts made a motion to insert the preamble into the code of ethics document, Alderman Weaver-Lothers seconded this amendment. The vote was taken on the amendment and passed unanimously.

Alderman Curtsinger stated that he felt the MTAS document was a good version.

Alderman Felts made a motion to include the code of ethics into the Oath of Office taken by the Board when elected. Alderman Curtsinger noted that when the oath is taken it states that the elected official will uphold the laws of the town and the state. This statement would include this ordinance.

Alderman Weaver-Lothers noted she liked some points within Alderman Felts document.

Counsel Notestine noted that amendments could be made and brought before the final reading.

Alderman Weaver-Lothers commended Alderman Felt’s hard work. Mayor Dugger echoed these statements.

The vote was taken with unanimous approval on the ordinance as amended.

Other: Mayor Dugger gave Alderman Weaver-Lothers the town’s condolences on the recent passing of her mother. Mrs. Lynda Moses thanked Chief Rigsby for putting the statistics on the Nolensville.net website.

She additionally thanked Mayor Dugger for going around the room at the workshop to ask for every ones input on the code of ethics. She further stated that she attended the last Planning Commission meeting and spoke about apartments over the Mill. This has caused her some pain. She stated that the merchants need some consideration. She asked if the town could apply for a grant to assist our downtown merchants. She ask that the board have a meeting with the merchants.

Alderman Weaver-Lothers noted that Carla Ediger and herself would be attending a grant writing conference and may be able to retrieve some information to assist the down town area. Mayor Dugger stated that he would try to have a town meeting sometime in the month of August.

With no further business, Mayor Dugger made a motion to adjourn, Alderman Felts seconded, and the meeting was adjourned at 8:26 p.m.

Respectfully submitted, Approved,

Cindy Lancaster Walter T. Dugger, III Town Recorder Mayor

Meeting Date: July 6, 2006, Time 7:00 p.m.

Nolensville Elementary School

Mayor Tommy Dugger opened the meeting at 7:02 p.m. Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver-Lothers. Staff present: 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 pledge.

Ms. Vicki Nielson, 4532 Sawmill Place, stated that she was concerned about the road directly behind her home. She noted this is a temporary road and there is another road on the other side of the development that is a construction road. She stated that this is a hazard to children and has taken up “open space” that has been designated for this development.

Ms. Beth Valentine, 4549 Sawmill Place, stated that she has concerns on the designated construction road also. The construction road has been extended and several children live on this road. This is not only an inconvenience, although it is dangerous. Ms. Valentine stated that she had spoken to C & K Developers and they told her that the Nolensville Board of Mayor and Aldermen approved this road and it had to remain. She asks the board to reconsider this designation.

Mr. Ken Norman, 4545 Sawmill Place, stated that his real concern was safety. He noted that a construction road already existed at lots 310 and 311. They have extended this road and taken up more green space. He asked the board to look at an alternate route.

Ms. Nancy Kirby, 7388 Nolensville Road, stated that she did not think there was a more patriotic town than the Town of Nolensville. She stated that she felt very strongly about flying the American Flag. Ms. Kirby stated that due to the sensitivity of this issue, the board should reconsider the display of the American Flag.

Mr. James Putman, 605 Candleshoe, stated that he did not care how many flags were flown as long as you do not step on it or damage the flag. He noted that he has flown a flag in his yard since he moved to Nolensville and this should be allowed.

Ms. Angie Shaffer, 2030 Williams Road, stated that her first thought was that people are allowed to burn the flag for freedom of speech. It is ludicrous that law-abiding citizens are not allowed to display a flag. There are men and women who continue to fight for our country to allow the flag to be displayed. The people should not stand for this.

Mr. Grady Shotwell, Rocky Fork Road, noted that his father gave the hat he was wearing to him. He said to deny him the right to have a flag is not right. He demonstrated to the crowd an ornament that played music and waved the American Flag.

Mr. Tom Seville, 722 Cowan, stated that he moved to Nolensville two weeks ago and has noticed there is a water rationing. He stated that this concerns him due to the development being only 25% built out. Mr. Aubrey Short, Rockwood Drive, noted that when he approached Nolensville from the south end and witnessed the banners that were flown by Tant’s he knew this was in violation of the town ordinance. He noted that Tant’s has made this an American Flag issue. This is totally establishment is totally disrespecting the town by flaunting this as an American Flag issue.

Ms. Lynda Moses, Rock Springs Road, stated that approximately 12 years ago she worked on the Williamson County Sign ordinance. She noted that people from Nolensville filled these rooms with their concerns. She stated that the county learned a lot from the Nolensville citizens. As a result of these meetings Williamson County has a good sign ordinance. Nolensville may want to re-look at their sign ordinance.

Mayor Dugger stated that the board and town are not unpatriotic. He then turned the floor over to Engineer Woodroof to address the flag issue.

Mr. Woodroof stated that this issue began some time ago. Tant’s initially put up pink banner flags that violated the zoning ordinance. They were notified of the violation. Tant’s stated that the banners were being flown to honor Easter. The ordinance allows flying these for holidays and Tant’s was notified to have them removed after the Easter Holiday. After Easter Tant’s stated that these banners were in honor of the Orthodox Catholic Holiday. They were allowed to fly these, but were told to remove them within the allowed timeframe after the holiday. Tant’s was issued a citation and came to court due to non-compliance of the ordinance. The town requested that the judge not fine Tant’s, although require that they come into compliance with the ordinance. The American flags were displayed for the 4th of July Holiday. Per the ordinance these may be flown, but should be reduced to three after the holiday.

Mayor Dugger stated that he could assure everyone that this board is not unpatriotic or un- American. He further noted that any board member could bring an amendment to amend the zoning ordinance.

Mayor Dugger stated that in regards to the water issue, every developer must bring a letter from the Nolensville-College Grove Utility stating that they have water capacity. The town will not give approval without this document.

Alderman Curtsinger asked what is the cushion. He asked what was the availability. Engineer Woodroof stated that he did not know what the cushion was and this question would need to be directed to the Utility Company, due to this being a private entity. Alderman Alexander stated that this happens in Metro frequently and is a non-issue.

Mayor Dugger then introduced Mr. Gary Buchanan, with the Williamson County Fair, to the board. He noted that Mr. Buchanan requested to address the board and audience. Mr. Buchanan thanked the board for allowing him to be here. He distributed an informational

folder to the board in regards to the Williamson County Fair. Mr. Buchanan commended Ms. Betty Friedlander on her hard work with this committee. He asked the board to attend a booth during the fair as the Ambassadors of Nolensville.

Alderman Felts made a motion to approve the minutes from the regular meeting of June 6, Alderman Alexander seconded. Alderman Weaver-Lothers noted that the 4th paragraph from the bottom, on page 7, should reflect an additional comment made by her. She stated that the review should be for lot sizes five to eight thousand square feet versus 10-acre residential areas. With the addition to the minutes the approval was unanimous.

 

Mayor Dugger made a motion to approve the treasurer’s report that was before the board.

Alderman Weaver-Lothers seconded. Alderman Curtsinger requested a more concise breakdown of the figures noting the $10,000 in police line item. With this request the report was approved unanimously.

Committee reports:

Mr. Willis Wells reported for the Planning Commission.

• Noted citizens comments in regards to temporary fireworks and moving buildings
• National Business Products was approved
• Texaco variance in Haley Industrial Park was denied
• Bent Creek Phase I final plat performance bond passed
• Nolen Park Lot 10 curbing was discussed

Alderman Curtsinger asked if it was attached to the deed. Engineer Woodroof stated that it was not and if the Board of Mayor and Aldermen decide to change it, then it could be voted on by this board. Alderman Curtsinger asked how the homeowner would be advised. Mr. Woodroof stated that signs would be posted on the property.

• Nichols property can proceed with preparation of plats
• Commercial zoning request passed
• Non-conforming use passed
• Historic Commission revisions passed
• Mr. McNeely with C&K Development addressed the Commission in regards to burial lots
• Monthly bond report was approved

 

Ms. Betty Friedlander reported for the Historic Commission.

• No business came before the board last month
• Request will be before the board this month
• Several questions have been asked in regards to the feed mill application

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• There are three new members, 27 total personnel, two completed rookie program
• Ten pagers have been replaced
• New Assistant Chief, Jim Finley
• Nick Combs, new Training Officer
• Recruitment continuing for Explorers
• Stat sheet has been distributed with a comparison sheet for previous year
• Nolensville Police Department was thanked for their overall performance

Rich Woodroof reported for the Code's Department

• 20 new permits issued
• Completed 405 building inspections
• 83 sprinkler inspections performed
• Met with Florence and Hutcheson in regards to study approved last month

Chief Paul Rigsby reported for the Police Department

• A written report was submitted
• Totals for the department has doubled this month
• New car was purchased today from Fairview
• Noted on July 5, Chief has been with town for one year – he thanked the board for their support

Mayor Dugger reported for the Public Works Department

• A written report was submitted to the board

Mayor Dugger noted that he was honored to be the judge for ice cream at the Greystone Homeowners Association Fireworks display. He noted that there was approximately 1,500 in attendance and would like to see this become a town project. Mayor Dugger acknowledged the good “fellowship” that was had by all.

Mayor Dugger noted that the Planning Commission should receive notification of a conference in their packet. He further stated that the town would send any member to attend this function, although town hall must be notified by July 14th.

Mayor Dugger noted that the state submitted a letter to the town certifying the census number as 3,343.

Mayor Dugger further noted the speed trailer was posted on Baronswood Drive by the county. He stated that 85% of the traffic was driving the speed limit. According to traffic studies 85% is a good percentage.

The Mayor noted that medical insurance rates have increased by approximately 11% and this is being revisited.

Mayor Dugger announced that a vacancy existed on the Planning Commission. Mr. Rick Owens had expressed an interest in this vacancy. He noted that Mr. Owens had served on this commission in previous years and is familiar with the process. Alderman Felts stated that Rick would be a good addition to the commission. Mayor Dugger made a motion to approve Mr. Owens for this position, Alderman Alexander seconded and this passed by majority. Mayor Dugger, Aldermen Alexander, Felts and Weaver-Lothers for, Alderman Curtsinger abstained noting that he did not know Mr. Owens.

First reading of Ordinance #06-12, an ordinance to amend the zoning Ordinance 04-09, of the Town of Nolensville to address non-conforming uses. Counsel Notestine noted that there have been some changes within state law. Planner Laird noted that this ordinance aligns the zoning ordinance with state law.

Mr. Larry Gardner, York Road, stated that it was his understanding that this was imposed for the fireworks stand, therefore it was for existing businesses and not new businesses. Counsel Notestine stated that the fireworks zoning was voted on and approved in the past couple of months by the board.

Alderman Alexander made a motion to pass this ordinance, Alderman Felts seconded. Alderman Curtsinger inquired how the property would be handled if it were sold. Engineer Woodroof stated that if the property was used as a residence, it must remain a residence. If the property was used as commercial it has 30 months to be used as commercial or they lose that “use”. The vote was then taken, with unanimous approval.

First reading of Ordinance #06-13, an ordinance to amend the zoning ordinance 04-09, the Town of Nolensville to address Historic Zoning Commission. Counsel Notestine noted this is an attempt to “clean up” language in the ordinance in regards to the Historic Zoning Commission. He noted the various changes that have been proposed by the Planning Commission. Betty Friedlander stated that she would like to encourage the board to pass this ordinance. She noted that there currently is a problem with language that addresses quorum requirements, in addition to a 30-day filing time frame. If the request is not acted upon within that 30-day period the request is granted without Commission consideration. Alderman Felts made a motion to approve this ordinance, Alderman Weaver-Lothers seconded and this passed unanimously.

First reading of Ordinance #06-14, an ordinance to amend the zoning map of the Town of Nolensville to amend an area currently zoned Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO). Counsel Notestine stated that this would change the zoning for a parcel of land that is approximately 5 ½ acres. Planner Laird stated that a public hearing would be held next month. Adjacent property owners will receive a letter, in addition to a sign being located on the property noting the request. Property owners will be able to voice any concerns at the public hearing. Alderman Alexander made a motion to approve this ordinance, Mayor Dugger seconded and this passed unanimously.

First reading of Ordinance #06-15, an ordinance to regulate the floodplain. Mayor Dugger stated that this ordinance would bring the town in compliance with FEMA. Engineer Woodroof stated that Article 5 of the zoning ordinance will be revamped and will be brought to the board. Alderman Felts made a motion to approve this ordinance, Alderman Curtsinger seconded and this passed unanimously.

Reading of Resolution #06-15, a resolution to address flood insurance. Counsel Notestine stated that this is the same issue as above. An ordinance takes two readings with the resolution only taking one reading. Mayor Dugger made a motion to approve this resolution, Alderman Alexander seconded and this was approved unanimously.

Reading of Resolution #06-16, a resolution to establish responsibility of carrying out an investment policy. Counsel Notestine stated that when a city invests money there should be a resolution to acknowledge that investment.

Mr. David Rowland, Meadow Creek, stated that Peoples Bank is not collateralized and is not a member of the collateralized pool. The town’s funding should only be deposited in a collateralized pool establishment. Mr. Aubrey Short, Rockwood Drive, stated that the town has had their money in First Tennessee Bank since the town incorporated. Why is it being moved?

Mayor Dugger stated that the bank must be 105% collateralized, contrary to what has been said. He further noted the town is not taking all of the funds out of First Tennessee Bank. This is a new facility that will have their headquarters within the town. Additionally, the town will be allowed to earn a higher interest on these funds. Alderman Felts stated that he had a concern that an individual would go to First Tennessee Bank and make a statement that the town is removing all of their funds and placing them in Peoples State Bank. Alderman Felts noted that the statement was untrue and should not have been said. Alderman Curtsinger stated that he did not feel that an investment decision should be given to one individual. The research that he has done, with other governmental entities, establish a finance committee. The finance committee makes recommendations to the board. Alderman Curtsinger stated that this bank is not in the collateralized pool. He further stated that there maybe some conflict due to a site-plan that will be presented for the new construction of their office. Alderman Curtsinger stated that the town does not have a capital investment plan and to give this power to an individual without financial background is wrong. I think there are people within the community with this ability. Alderman Felts made a motion to approve this resolution, Alderman Alexander seconded. This resolution passed by majority with Mayor Dugger, Aldermen, Alexander, Felts and Weaver-Lothers for, Alderman Curtsinger against.

Reading of Resolution #06-17, a resolution to establish a design review committee. Counsel Notestine stated that state law allows cities to establish a design committee. He did note that it is not mandatory. Mayor Dugger noted that this committee has been meeting and commended Alderwoman Weaver-Lothers and her committee for the hard work and great job they have performed. Alderwoman thanked John Lenderman for the advertisement that he has done on the website. Additionally she thanked the members of this committee, Bob Haines, Betty Friedlander, Matt Happel, Travis Blount, Don Cox, Carla Ediger, Steve Bosh, due to relocation has been replaced by David Verner. She further noted that this committee has met with Peoples State Bank and Mr. Yazidian in regards to the construction of their property. Mayor Dugger made a motion to approve this resolution, Alderman Alexander seconded and this resolution passed unanimously.

Code of Ethics: Counsel Notestine stated that this has come to the board for discussion for sometime. He noted that new state legislation has passed a law that cities must establish a code of ethics by July 1, 2007. He stated that if cities pass the MTAS version that is the end of the process. If a city passes another code of ethics, it has to go before the State Ethics Committee for review.

Mr. Aubrey Short, Rockwood Drive, noted that the conduct of meetings was adopted in the early stages of Nolensville. This was Roberts Rule of Order. He further noted that he has given a copy of his comments to Alderman Felts.

Alderman Felts stated that there are several reasons he has moved forward with the code of ethics. He stated that he has received permission from Battle Creek, Michigan to use this document. The town has gone through a lot of unnecessary conflict. False information continues to be distributed. He asked the board, with all that has taken place, to look at adopting this code of ethics. Alderman Felts thinks it is time that one is adopted. The citizens need to know they can trust the people they voted for.

Alderman Weaver-Lothers asked if the board could have a workshop to further discuss this with the Planning Commission, Board of Zoning Appeals and all the commissions of the town. Mayor Dugger stated that he agreed that it is vital that the people know the backgrounds of board members. The people should know if there are liens or judgments on a board member. Alderman Alexander stated that he feels we need to move forward with a code of ethics. Something needs to be on the books.

Alderman Curtsinger stated that he thinks there should be a motion on the floor. He asked if this was an ordinance or resolution.

Counsel Notestine suggested that this be placed on the agenda being in ordinance or resolution form. Alderman Curtsinger stated that the MTAS sample has been reviewed and the ouster law is covered. It is a simple clean document.

Mayor Dugger stated that he is not opposed to having a workshop to discuss this. The board was in agreement to have a workshop prior to the next meeting.

Town Engineer Woodroof opened the annual meeting at 9:00 noting this is the requirement that is set out by the State of Tennessee. He stated that the town is in the MS4 and this was put into place to help the streams. The Board of Mayor and Aldermen is the Town Committee.

Currently we are in the process of adopting Williamson County manual to help protect streams when development occurs. This document will go before the Planning Commission for their recommendation. The Annual Report will be submitted to the State in September. The financing for training has been incorporated in the permit process as an Erosion Control fee for commercial $300 and for residential $150. With no further business the meeting closed at 9:05.

Mayor Dugger noted that Mike Walker with the City of Brentwood has presented a couple of options for the Waller Road issue. The board discussed the various options. It was agreed to discuss this during the workshop with the Code of Ethics.

With no further business, Mayor Dugger made a motion to adjourn, Alderman Curtsinger seconded, and the meeting was adjourned at 9:35 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                              Walter T. Dugger, III

Town Recorder                                Mayor

Meeting Date: June 1, 2006, Time 7:00 p.m.

Nolensville Elementary School

Mayor Tommy Dugger opened the meeting at 7:03 p.m. Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, Larry Felts and Beth Weaver- Lothers. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town

Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 29 citizens present.

Mr. Willis Wells led the prayer and pledge.

Mr. Aubrey Short, 803 Rockwood, thanked the board for their service. Mr. Short noted that we should feel compassion to Mexicans due to a recent trip to their homeland. He further noted that he had sent an email to the board addressing impact fees that were imposed in Florida. Mr. Short said that a 2,000 square foot home would have impact fees totaling $12,000. Nolensville should impose an impact fee for new residents so that they pay their way. He further stated that he regrets seeing a sign that states Nolensville “City” limits. Nolensville was incorporated as a “Town” and he would like the signs to reflect this.

Mr. Gardiner Jones, 700 Cromwell Court, requested the board remove the agenda item that opposes the hospital in Spring Hill. He feels that it is ludicrous for Nolensville to tell another municipality they are opposed to their hospital.

Alderman Curtsinger made a motion to approve the minutes from the regular meeting of May 4, Alderman Alexander seconded. The minutes were approved by majority, Aldermen Alexander, Curtsinger, Felts, and Weaver-Lothers voted for, Mayor Dugger abstained due to his absence last month.

Alderman Felts made a motion to approve the treasurer’s report, Alderman Weaver- Lothers seconded. Recorder Lancaster stated that the treasurer's report was before the board. Alderman Curtsinger inquired about the $40,000 miscellaneous line item, asking that it be broken down. Recorder Lancaster stated that she would get this breakdown.

He also noted that the expenses are 15%, is the town expecting any additionally revenues? Recorder Lancaster stated that should be the normal income in addition to $22,500 transfer from State Street Aid. If necessary an estimate could be given. The vote was then taken and was unanimously approved.

Mr. Willis Wells reported for the Planning Commission.

• Bent Creek passed
• Two lots at Bent Creek Reserve were removed due to graves being located on these lots
• Street lighting was discussed
• Monthly bond report was approved

Alderman Curtsinger asked if it was known who was buried in those locations. Matt Happel, Planning Commission member and resident of that area, stated that it was Brian Jones great grandparents. Counsel Notestine stated that C & K Developers hired Duvall and Associates. He stated that this is the only organization that he is aware of that performs these type of studies. They will be presenting their findings to the Planning Commission. Counsel further stated that the language in the plat might need to be changed. Alderman Weaver-Lothers inquired about the PUD workshop. Mr. Wells stated that it was discussed, although a decision was not made. Mr. Laird noted that policy changes were agreed upon. Alderman Weaver-Lothers asked if these changes were reflected in the Planning Commission minutes. It was noted that they were.

Ms. Betty Friedlander reported for the Historic Commission.

• Sign request was before this board last month
• Parts of the zoning ordinance were omitted that should have changed areas in regards to Historical Commission
• Submitted the corrections to town attorney
• Williamson County Fair will be in August – catalogs are throughout the town

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• A firefighter has completed the Academy
• ISO rating will be performed

Rich Woodroof reported for the Code's Department

• Completed 325 building inspections
• 43 new permits issued
• 39 sprinkler inspections performed
• Henry has been working on impact study
• The county, under contract, has repaired Sam Donald, Dortch, and Hyde Lane
• No Parking signs have been installed
• Bent Creek requested various islands to be removed to assist emergency vehicles, this was approved

Mayor Dugger reported for the Public Works Department

• A written report was submitted to the board

Chief Paul Rigsby reported for the Police Department

• A written report was submitted
• “Click it or Ticket” signs throughout town
• Vandalism cases are down

Mayor's report: Mayor Dugger noted that the census was completed and submitted to the State. The final total was 3,343. Mayor Dugger thanked the citizens for their cards, prayers and visits to the funeral home during his father’s recent death.

Second reading on Ordinance 06-09, an ordinance to amend the zoning ordinance 04-09, of the Town of Nolensville to address firework sales. Counsel Notestine noted that this is the second reading of this ordinance and briefly described the process of amending the zoning ordinance. Alderman Curtsinger noted that the only concern that he has is in regards to the lights that were obstructive and were addressed in a previous meeting. Alderman Weaver-Lothers asked if there were hours of operation addressed. Mr. Laird stated that the number of days and the distance to a residential area is discussed, although, exact hours of operation was not. Engineer Woodroof stated that there is a portion of the zoning ordinance that addresses lights. He feels that this section will include the fireworks stand. Alderman Alexander said that he has noticed paving at this location. He asked if they received a permit to perform this work and was it done in preparation for the fireworks stand. Engineer Woodroof stated that he was not sure, but would check into this issue.

Mr. Roger Lloyd, fireworks stand operator, asked the board if the temporary use permit approval by the Planning Commission could be waived this year due to the closeness of the 4th of July holiday. Engineer Woodroof stated that this location already had a fireworks stand previously, therefore this does not have to go before the Planning Commission, but must meet the town’s standards. Mr. Laird noted that this is why this ordinance is being addressed tonight.

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

Second reading of ordinance 06-10, an ordinance to amend the zoning ordinance 04-09, of the Town of Nolensville to address expiration of grading permits. Counsel Notestine briefly described this ordinance. Mayor Dugger made a motion to approve this ordinance, Alderman Felts seconded and this was approved unanimously.

Second reading of ordinance 06-11, an ordinance to adopt a budget for fiscal year 2006- 07 for the Town of Nolensville. Counsel Notestine briefly described this ordinance.

Mayor Dugger made a motion to approve this ordinance, Alderman Alexander seconded. Mr. Gardiner Jones, 700 Cromwell, noted that he had a concern of rolling over the budget. It was noted that this clause is placed in every budget ordinance as a precautionary measure. Mayor Dugger stated that the town has never “rolled” a budget over.

Mr. Aubrey Short, Rockwood Drive, stated that in the past he has requested that the storm water drainage be addressed. The grading, in some areas, is 6” below the road. He asked the board if there was any funding in the budget to correct these manholes. Mayor Dugger stated that there is not funding in this budget, but could be reviewed for future funding.

Mrs. Lynda Moses, Rock Springs Road, stated that last month Alderman Weaver-Lothers asked that the website be reviewed. Has this request been done? Mayor Dugger stated that it is his understanding that the contract expires in January. At that time the new board will review this contract.

Fire Chief Presley Hughes stated that he is making an appeal to this board to fund the original request that was submitted. He stated that the town is getting a bargain for the money that it currently pays. He further stated that he did not feel that the town should place budget cuts on life safety. Mayor Dugger asked for the fund balance of the fire department. Chief Hughes stated that in 04/05 the revenues were $117,177, with expenses being $115,490. He stated that there is not a significant surplus from year to year. He noted that there maybe one to two thousand dollars per year. Chief Hughes noted that the calls are up 66%. Alderman Felts inquired to what the county would be giving to the fire department. Chief Hughes stated that they would be increasing the budget to reflect the increase in fuel and insurance cost. He stated that the anticipated increase would be around 4%. Alderman Weaver-Lothers asked when the ISO rating would be publicized. Chief Hughes stated that normally the survey is done every three years, although with the growth in Nolensville they are doing it again this year (one was performed last year). It takes approximately three days to perform the survey and studies. The department will be made aware of their findings within approximately seven to eight months.

Alderman Felts stated that his concern is the Police and Fire Departments. The Police Chief requested an additionally officer in July versus January last month. Mayor Dugger noted that an officer (with benefits) would cost the town approximately $20,000 more to begin in July versus January. Alderman Curtsinger stated that he felt this department needed an officer in July. He also stated that he feels the board should review the fire department. He stated that on the plan of service, which was passed with the annexation, the town committed to providing both of these services.Mayor Dugger noted that any board member could make an amendment to the budget.

Alderman Weaver-Lothers asked if there were any part-time officers. Chief Rigsby stated that it is hard to find part time officers. Currently there is an officer on guard duty and if an officer calls in sick the county has to cover the Nolensville area.

An audience member inquired about the State Income Tax line item. Counsel Notestine stated that this is a tax that is received from individuals that have dividends.

Alderman Felts asked if there was money in the reserve fund that can be moved to fund the fire and police request.

Mayor Dugger noted that the budget is a positive budget by approximately $54,000.

Mayor Dugger noted again that any Alderman could make an amendment. Alderman Curtsinger asked how the sub-committee arrived with these allocations.

Mayor Dugger stated that the fire department made a request for funding. This request was doubled from the previous year. The sub-committee discussed each allocation and in regards to the fire department, as he remembered, when the sprinkler ordinance was passed Chief Hughes stated that he would rather have the sprinkler requirement versus the money that could be collected. The pumper-truck note of $47,000 was chosen due to this amount being allocated from the Facilities Tax funding. The $18,000 remained from the general fund, which is allocated to the volunteers. Alderman Alexander, a sub5 committee member, stated that he recalls the same discussion. Alderman Alexander stated that the sub-committee tried to treat each department the same.

Alderman Weaver-Lothers asked for clarification in regards to the Adequate Facilities Tax and the manner that these funds could be utilized. Counsel Notestine noted that Nolensville had passed a private act to impose this tax and it is not real defined. He felt confident that these funds could not be used for staff and payroll. The board discussed extensively these funds and possible expenditures that could be taken from these funds. Alderman Felts stated that he would like to make a suggestion, for next year, that the fire and police department be the first on the list for review.

Mayor Dugger stated that any board member could make an amendment to the budget. Alderman Weaver-Lothers noted that on page 8, Don Swartz is paid $50.00 per hour. She inquired about his position and duties. Mayor Dugger stated that Don works one day a week, approximately 6 hours per day. He is more of a consultant in regards to roads. Chief Hughes wanted to make the board aware that the budget request was not doubled. Last year the budget was approximately $33,000 and the request this year was $64,000. Alderman Weaver-Lothers noted that she had raised the question last month in regards to the website annual payment of $7,000. Mayor Dugger stated that this does need to be resolved, and it is his understanding that the contract is valid through January 2007.

Mr. Short, from the audience, stated that the fire department is being discussed. His homeowners insurance increased $50 last year. If the ISO goes up it could cost the homeowner more.

Mr. Frank Wilson, from the audience, stated that he believes, if it was investigated, the facilities tax could be used in other areas.

Mayor Dugger made a motion to increase the Fire Department budget by $18,000, to be taken out of the adequate facilities tax to provide new uniforms for the department, and add $20,000 to the police budget to provide an officer to be hired in July versus January,

Alderman Weaver-Lothers second this motion. This amendment passed unanimously. The vote was then taken for the passage of this ordinance as amended. This passed unanimously.

Reading of Resolution 06-10, a Resolution to enter into an agreement with AMEC Earth and Environmental. Counsel Notestine noted that there are a few issues with in this contract that he is not comfortable. He asked the board that if it is passed to please pass with the condition that he can negotiate some issues. Alderman Alexander made a motion to approve with the condition that counsel will negotiate this, Mayor Dugger seconded. Engineer Woodroof stated that we are using AMEC as a sub-contractor. Alderman Curtsinger noted that it states two calendar years, which seems a little long for a contract. Additionally, the board needs to keep in mind that this is the same group that sent out amateurs to inspect the road. This needs to be addressed. Alderman Curtsinger recommended that this motion be withdrawn. Alderman Weaver-Lothers stated that she would have to abstain due to not receiving this document for review. Alderman Alexander withdrew his motion, Mayor Dugger withdrew his second. Mayor Dugger made a motion to continue this indefinitely, Alderman Weaver-Lothers seconded and this passed unanimously.

Reading of Resolution 06-11, a Resolution to enter into an agreement with Florence and Hutcheson. Town Planner Henry Laird noted that there are two parts to this project. Florence and Hutcheson will perform the major roadway plan. This will determine the town’s needs for the next ten years in regards to roads. The second part is to recommend Duncan and Associates who will propose the impact fee based upon the major roadway plan.

Mayor Dugger noted that the funds to pay for these studies would come from adequate facilities tax. Alderman Curtsinger stated that he felt these are necessary studies. He further stated that he has a concern with the section 6.2 of the agreement. Alderman Weaver-Lothers stated that she felt it is critical to get this in place. Alderman Alexander agreed. Mayor Dugger made a motion to approve this Resolution, with the condition that counsel review and resolve section 6.2, Alderman Alexander seconded and this passed unanimously.

Reading of Resolution 06-12, a Resolution to enter into an agreement with Duncan and Associates. Counsel Notestine briefly described and Mr. Laird noted that this is the agreement that was previously discussed. He further noted that this company has performed these studies from locations such as Las Vegas, Nevada to White House, Tennessee. Mayor Dugger made a motion to approve this Resolution, with Counsel Notestine’s review and approval, Alderman Weaver-Lothers seconded and this passed unanimously.

Reading of Resolution 06-13, a Resolution to adopt the updated five year strategic economic development plan. Alderman Alexander briefly described this Resolution. Alderman Curtsinger asked if this would include the town’s plan. Alderman Alexander stated that he would get a copy of the plan to the board. Alderman Alexander made a motion to approve this Resolution, Alderman Felts seconded and this passed unanimously.

Reading of Resolution 06-14, a Resolution in opposition of establishing a hospital in Spring Hill. Counsel stated that it was his understanding that several governments have supported this resolution. He noted that this was more in “support” of Williamson Medical Center, versus opposing Spring Hill Hospital.

Mr. Jerry Sharber with Williamson Medical stated that he had presented this resolution to Mayor Dugger. He then introduced Roger Kline with Williamson Medical. Mr. Kline stated that Williamson Medical is a county facility that is supported with local taxes. He noted that this hospital is not for profit and the one being discussed in Spring Hill is for profit. He asked for the board’s passage of this resolution. Mrs. Lynda Moses, from the audience, asked if this could read in “support” versus “opposing”.

Alderman Curtsinger stated that the people should understand if a “for profit” hospital is allowed it could hurt the local County hospital. Alderman Weaver-Lothers asked what other government is in support of this resolution. Mr. Kline stated that Williamson County was in support and Franklin has it on their agenda for their June meeting. Mayor Dugger made a motion to approve this resolution, Alderman Curtsinger seconded and this passed unanimously.

Alderman Felts noted that approximately one and a half years ago he began looking at a Code of Ethics for the Town of Nolensville. He noted that he has been accused of plagiarism. He stated that this Code was copied from Battle Creek, Michigan. He stated that he was approached by several to begin the process and it covers compliance of law, conduct at public meetings, gifts and much more. The biggest change was to have a board of conduct committee with five members, which will convene when necessary. He stated that this board would give a recommendation for the validity of a violation and the consequence that will be imposed for the violation.

Mr. Aubrey Short, from the audience, noted that this refers to the Commission is this correct or should it be a Board of Mayor and Aldermen. Mayor Dugger noted that he felt employees have the employee handbook that they must abide. Alderman Weaver- Lothers felt that the commissions should remain within this document. Alderman Curtsinger asked Counsel Notestine, due to the current litigation, should this code of ethics be considered? Counsel Notestine recommended that the board not pass this due to the current litigation, although it can be worked on and refined. Counsel felt that discussing this is all right, although it should not come up for a vote until after the litigation is over.

Alderman Alexander asked if discussing this would imply that a problem exists. Counsel Notestine stated that appearance is a large part.

Mr. Matt Happel asked if the Planning Commission was going to be included, could they receive a copy of this document. It was noted that a copy would be forthcoming to those commissions.

A letter from Ms. Paulette Sullivan was read by Mayor Dugger addressing firearms and opposing shooting within the town limits.

Alderman Weaver-Lothers noted that there are shots fired behind her home. She noted that Ms. Sullivan raises a good point as the town grows. Mr. Wells, from the audience, asked if the noise Ordinance would apply. It was noted that it would not.

Engineer Woodroof ask that the board consider how the traffic is going to be handled on New Clovercroft Road. Alderman Curtsinger stated that the flow was decided on by the Planning Commission and should be brought forward.

Alderman Weaver-Lothers noted there are issues on Cowan Drive that should be addressed. She asked if the code was strong enough to address cars blocking the street. She stated that if a fire truck needed to get down that street it would not be able to pass the cars parked along the roadside. Counsel Notestine stated that he felt the vehicle owners could be made to move their vehicles by the town. Alderman Curtsinger noted that in addition to the street being blocked, it is filthy and looks awful. Engineer Woodroof stated that if the road were blocked they would refuse to do inspections.

Alderman Curtsinger asked when Cowan would be paved. Engineer Woodroof stated that the paving would begin tomorrow.

With no further business, Mayor Dugger made a motion to adjourn, Alderman Curtsinger seconded, and the meeting was adjourned at 9:35 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                  Walter T. Dugger, III

Town Recorder                    Mayor

Town of Nolensville

Board of Mayor and Alderman Meeting

Date: May 4, 2006, Time 7:00 p.m.

Nolensville Elementary School

 

Vice-Mayor Jimmy Alexander opened the meeting at 7:03 p.m. Members present were Vice-Mayor Alexander, Aldermen Joe Curtsinger, Larry Felts and Beth Weaver-Lothers. Staff present: Counsel Robert Notestine, Town planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 32 citizens present.

 

Mr. Willis Wells led the prayer and pledge.

 

Citizens Input:

 

Mr. Bobby Wesson, 1202 Countryside Road, stated that he was here to express concern that the quality of life in the Town of Nolensville has hit the lowest of low. He noted that the definition of the quality of life is everyone getting along. There has been a lot of ill will and asked the audience how are we going to put an end to it. The meeting at the end of March demonstrated the process to be complicated, with the big issue before the town is how to manage growth. He asked for the audience opinion on their definition of growth. He stated that he felt that their answer would be that growth is what happened after we moved here. Everyone lives on something that use to be pastureland. We are all part of the growth. Mr. Wesson’s final statement was let’s work together and solve our problems.

 

Sharon Zieman, Tulluss Road, thanked everyone that voted for her in the recent primary election. She stated that she is part of the Williamson County Comprehensive Committee and this group will be meeting on May 24, at 7:00 p.m. in the Administrative Complex, and invited everyone to attend. She distributed to the board a cover letter that was stamped draft copy.

 

Mr. Alfred Bennett noted that only relationships with honor would last. He noted that when he goes to the county he enjoys this visit due to everyone showing honor. He stated that we need to do this also.

 

Mr. Harold Shaffer, 2030 Williams Road, asked if Rocky Fork Road is going to be connected, and if so what stage of the process are we in and is the state going to build the bridge. He further inquired about grants and financial assistance. His opinion is that this should be pushed forward.

 

Engineer Woodroof stated that the town would build the bridge. The plans for the road and bridge have been approved. The state has indicated that the town should meet the criteria to install the traffic signal this year.

 

Alderman Curtsinger made a motion to approve the minutes from the regular meeting of April 6, and the special meeting of April 24, Alderman Weaver-Lothers seconded. The minutes were approved unanimously.

 

Vice-Mayor Alexander made a motion to approve the treasurer’s report, Alderman Felt’s seconded. Recorder Lancaster stated that the treasurer's report was before the board. Alderman Curtsinger inquired about the treasurer’s report with focusing on facilities tax and the appearance of trickery. After discussion, the treasurer’s report was unanimously approved.

 

Committee reports:

 

Mr. Willis Wells reported for the Planning Commission.

 

· Noted two public hearings had been held for the subdivision regulations

· People’s State Bank site plan was approved

· Bent Creek final revision was passed unanimously

· One way sign for Clovercroft Road was postponed

· Monthly bond report was reviewed

 

Ms. Betty Friedlander reported for the Historic Commission.

 

· Noted there was not a meeting

· Parts of the zoning ordinance were omitted that should have changed areas in regards to Historical Commission

· Submitted the corrections to town attorney

 

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

 

· Assisted Eagle Scout in obtaining badge

· Had 23 participants in a recent course

 

Rich Woodroof reported for the Code's Department

 

· Completed 284 building inspections

· 15 new residential permits issued

· 1 commercial permit issued

· Worked with County Highway Department reviewing roads

 

Chief Paul Rigsby reported for the Police Department

 

· A written report was submitted

· New uniforms are in and being used

· Cars from Fairview to be in soon

 

 

Vice-Mayor Alexander reported for the Public Works Department

 

· A written report was submitted to the board

 

Mayor's report:

 

Vice-Mayor Alexander noted that due to Mayor Dugger’s absence this portion would be omitted.

 

Public hearing on ordinance 06-09, an ordinance to amend zoning ordinance #04-09, to address firework sales opened at 7:40 p.m. Vice-Mayor Alexander briefly described this ordinance and asked for public comment. There was no public comment, and the public hearing closed at 7:41.

 

Public hearing on ordinance 06-10, an ordinance to amend the zoning ordinance #04-09, to address expiration of grading permits opened at 7:41 p.m. Vice-Mayor Alexander briefly described this ordinance and asked for public comment. There was no public comment. Alderman Lothers asked for clarification in regards to the substantial amount of time given to contractors. Engineer Woodroof stated that he felt it was ample time and if they did not comply he would not allow them to move forward. Alderman Lothers noted that she wanted to make sure there was enough “teeth” in the ordinance to keep the permit holders in compliance. The public hearing closed at 7:43.

 

Public hearing on ordinance 06-11, an ordinance to adopt a budget for fiscal year 2006-07 for the Town of Nolensville opened at 7:43 p.m. Vice-Mayor Alexander noted that the budget sub-committee had met several times, including the heads of the various departments. He further noted that a positive budget was being submitted.

 

Mr. Larry Gardner asked if anyone had considered the hiring of a city manager. Vice-Mayor Alexander stated that this was discussed and it was determined through studies that the population on most municipalities is 10,000. The committee feels that the Town of Nolensville is not quite at this stage. Counsel Notestine noted that the town is a Mayor-Aldermanic form of government and this form of government calls of a city administrator. The town is not a City Manager form of government.

 

Mr. Frank Wilson noted that Fairview has a city manager. Mr. Notestine noted that they have that form of government.

 

Fire Chief Hughes noted that last month he distributed figures that indicated justification for the fire departments budget request. He noted that when he met with the subcommittee he asked for their input in regards to areas that could be cut from the requested funds. No response was made. He noted that calls within the town limits are up 95%. He noted that he had requested for a 30% increase in the salaries for the fire department. He further stated that any cuts that would be made would be shown through equipment purchases.

 

Alderman Lothers inquired about the line item for communication. He noted that the key to a fire department is communication and the third quarter this line item is at 75%. Alderman Lothers asked where the overage is placed when the department is under budget. Chief Hughes stated that it goes into an account and that is how they purchased the new fire truck. Chief Hughes noted that the department attempts to purchase six new uniforms a year.

 

Alderman Curtsinger asked if the $47,000 the town had budgeted would come from facilities tax. It was noted that it would come from the facilities tax.

 

Vice-Mayor Alexander asked what the county did on the department’s budget request. Chief Hughes stated that the budget sub-committee had zero increase, although there would be an increase for insurance and fuel cost. He noted that the department was anticipating an approximate $4,000 increase from the county.

 

Alderman Felts asked for clarification in regards to the fire departments request. He noted that the fire department had made a request of $64,902. In the town budget expense line item for the fire department it indicates $65,000. Chief Hughes stated that it is still $18,000 short, due to the fire department budget not receiving this funding.

 

Police Chief Rigsby stated that he had requested two officers for the fiscal year 06-07. One to begin in July 06, and the other to begin in January 07. He noted that the sub-committee recommended one officer to begin in January. He ask that the board review this request to initiate a new officer in July and omit the January officer.

 

Mr. Wells, budget sub-committee member, noted that there were several cuts that were made across the board. If funds could be earmarked and taken from Facilities Tax that would be an option to review.

 

Alderman Felts stated that he commended the budget sub-committee. He noted that he has been on this committee in years past and he realized what this group is up against and know they have worked hard.

 

Alderman Lothers stated that she noticed we are looking to increase the website line item. She noted that Mr. Lenderman has done a wonderful job with this site, but the town may want to review bids for this work. The board agreed that this should be reviewed.

 

Alderman Curtsinger stated that it appears the facilities tax is continuously covered up. The revenues are up 118%. You see this continuously throughout the budget. When this is broken out, we are burning more and more on expenditures. He noted there is a $40,000 transfer from State Street Aid to General Fund. Alderman Curtsinger stated that the town does not have a plan for the facilities tax money. The time is here for a financial planner.

 

Alderman Lothers noted that she met with Recorder Lancaster in addition to a community member who is willing to work with her to separate the funding.

 

The public hearing ended at 8:12 p.m.

 

Vice-Mayor Alexander asked the board to read Resolution 06-07, to adopt a Plan of Service prior to reading Ordinance #06-05. The board agreed to move agenda item 14. Reading of Resolution #06-07, a resolution to adopt a Plan of Service for the annexation of Burkitt Place Development. Counsel Notestine briefly described this resolution. Alderman Felts made a motion to approve this Resolution, Vice-Mayor Alexander seconded and this passed unanimously.

 

Second reading of Ordinance #06-05, an ordinance to annex certain territory east of current corporate boundaries known as Burkitt Place Development and to incorporate same within the corporate boundaries of the Town of Nolensville. Vice-Mayor Alexander noted that this is approximately 30 acres and is considered a friendly annexation. Alderman Felts made a motion to pass this ordinance on second reading,
Vice-Mayor Alexander seconded and this passed unanimously.

 

Second reading of Ordinance #06-07, an ordinance to amend the zoning ordinance #04-09, of the Town of Nolensville to address landscape design. Vice-Mayor Alexander stated that staff has worked with Heibert and Associates Architecture firm. Alderman Lothers inquired about preserving trees that are 12” in diameter. Her concern is that 12” is a rather large tree and would like to find a way to strengthen this ordinance to preserve trees of that size. Vice-Mayor Alexander made a motion to approve this ordinance, Alderman Curtsinger seconded and this passed unanimously.

 

Second reading of Ordinance #06-08, an ordinance to amend fees in regards to building permits and firework sales. Vice-Mayor Alexander briefly described this ordinance. Vice-Mayor Alexander made a motion to approve this ordinance, Alderman Lothers seconded. Alderman Curtsinger noted that he did not feel there was anyway that the fee schedule could be monitored. He noted that the fee would be based upon the figures they report. Alderman Felts asked if the fees were changed to reflect the amendment from last month. It was noted that this was done. The vote was taken and this Ordinance passed on second reading unanimously.

 

Reading of Resolution #06-07, a Resolution to dedicate a newly constructed road, extending Sam Donald Road. Counsel Notestine briefly described this resolution. Vice- Mayor Alexander made a motion to approve this Resolution, Alderman Felts seconded. Alderman Curtsinger noted that the Planning Commission accepted this as a package and he did not feel that the roads should be approved individually.

 

Alderman Lothers asked Engineer Woodroof how would the town be hurt by not approving Sam Donald Road and Clovercroft extension together. Engineer Woodroof stated that he understood what Alderman Curtsinger’s concerns are, but by allowing this to be approved signs could be installed and laws could be enforced on this road. He further noted that bonds are on these roads individually, in addition to separate plans and construction drawings. Counsel Notestine stated that currently it is a private road, when the town accepts this road it is covered under the town’s insurance.

 

Alderman Curtsinger stated that the key to approval was for Mr. Cates to perform certain task that have not been completed. He stated that the board should not approve this resolution.

 

Mr. Frank Wilson stated that a hydrologist came to this location on Monday and it will take sometime for everything to get completed. A report will be compiled, and once this is done a professional appraiser will come in to solve his problem.

 

Alderman Curtsinger noted that he understands that Mr. Wilson and Mr. Cates issue is a personal one, although his concern is the dip in the road that continuously holds water.

 

Counsel Notestine stated that he is concerned that there is a pole erected with no sign. If there is no sign the pole needs to come down.

 

Ms. Sullivan (from the audience) stated that if that is a private road who would get sued, the town or the contractor? Additionally, if it is a private road, why are citizens allowed to use this road?

 

Alderman Felts noted that his concern is if the developer wanted to close the road he could do so, although the people living on Sam Donald Road would not be able to access Nolensville Road via Sam Donald Road.

 

Counsel Notestine noted the town needs to stay away form hazardous conditions.

 

Mr. Larry Gardner (from the audience) injected that he encouraged the board to accept this portion of Sam Donald Road. The town can shut this road down if the developer does not perform as agreed.

 

Engineer Woodroof stated that there are bonds on both roads. The developer had a filter ring on this and hopefully this will help the water that stands in the road. It has been inspected and appears to be built correctly.

 

Mr. Wilson noted that the ring has been removed and he has had 4” of water in his front yard since the removal.

 

Alderman Felts noted that the New Clovercroft Road was the biggest driving force and not Sam Donald. He noted that Alderman Curtsinger was very vocal on that issue at that time.

 

A member from the audience asked for clarification in regards to the roads in addition, to a timeframe for completion.

 

Counsel Notestine noted that there is private conflict currently with the landowner and the developer. This does not involve the town.

 

Mr. Alfred Bennett (from the audience) noted that Rocky Fork Road does not have an area to pull off. He noted that now we have a brand new road with no right of way, or an area to pull off. Engineer Woodroof stated there is 3’ on Sam Donald, although there is not on Clovercroft Road.

 

The vote was taken with Vice-Mayor Alexander, Aldermen Felts and Lothers for, and Alderman Curtsinger against. This resolution passed with majority vote.

 

With no further business, Vice-Mayor Alexander made a motion to adjourn, Alderman Felts seconded, and the meeting was adjourned at 8:49 p.m.

 

Respectfully submitted, Approved,

 

 

 

 

Cindy Lancaster Walter T. Dugger, III

Town Recorder Mayor

Meeting Date: April 6, 2006 Time 7:00 p.m.

Nolensville Elementary School

Mayor Tommy Dugger opened the meeting at 7:03 p.m.. Members present were Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger and Larry Felts. Staff present was Counsel Robert Notestine, Town planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 53 citizens present.

Mr. Willis Wells led the prayer and pledge.

Mayor Dugger noted that several people were considered for the Alderman vacancy. He spoke to several individuals that had shown interest in this position. Mayor Dugger made a motion to nominate Ms. Beth Lothers, Alderman Alexander seconded. Alderman Alexander stated that he had known Beth for couple of years and feels that her only agenda is making Nolensville a bettor community. Alderman Curtsinger stated that her mind is civic involvement and would be a good candidate. Alderman Felts stated that she would be a good person to fill this position. The board then voted and Beth Lothers was unanimously approved.

Counsel Bob Notestine then swore Beth Lothers into office. Mayor Dugger made a motion for Alderman Alexander to fill the Vice-Mayor vacancy. Alderman Felts second this motion. This was unanimously approved by the board.

Citizens Input:

Dave and Dana Ausbrooks introduced candidate Vanessa Bryant for Public Defender.

The Ausbrooks's asked for the audience support when voting in the primary election.

Mr. Lew Green spoke briefly on his candidacy for County Commissioner. He noted that he has served in this position for ten years and ask for everyone's support.

Mr. Harold Shaffer, Williams Road, noted that he has attended several meetings and the question has been do you want to go to the county or to the town? He noted that the town Planning Commission meets on the same night as the County Planning Commission. The Planning Commission members need to attend the county meetings. He asked the board to review a different day for the Nolensville Planning Commission meetings. Mayor Dugger noted that this has been discussed between counsel and himself.

Mr. J. R. Jones, 9950 Maxwell Lane, welcomed Mayor Dugger. He stated that Mr. Wells interfered with his three minutes, twice so he may go over the three minute time limit. He stated when you accept money for a position your held to a different standard.

We have allegations of wrongdoing. He stated that these comments are constructive and not destructive. He stated that you were duped by Mike Delvizis and Charles Knapper.

Fred Yazdian and K D F have constantly duped the public. He stated Rich Woodroof you are not doing your job. You'll tell someone to park in front of a fire hydrant, and allow signs to be placed illegally. I ask Mr. Notestine where policies have been adopted.

Lee Sanders said this should be enforced.

There are three things to hold an office, 1. Be a U.S. citizen, 2. No convicted felon, 3. Win popular vote. He further stated that he hears people say I read it in the paper. The paper only writes one side of it. One month ago you denied that an annexation was going on. I met with Mr. Notestine and several points were clarified. Mr. Jones then began discussing threatening phone calls. He noted that the Maxwells home was burned to the ground. He further stated that he would have clapped at Charles Knappers resignation. He noted that Larry Felt's requested that the town go back to standard subdivisions. He is currently involved with Centex homes with several other homeowners, Nichols, Yorks, and the Pachen's. He ask the board to take a serious look at this development. Kidd Road is in your Urban Growth Boundary and you should move forward to annex this area Lynda Moses, Rock Springs Road, stated that Sharon Zieman, is running for County Commissioner. She has worked hard to save historic establishments. She noted this is the kind of person Nolensville needs for County Commissioner.

Alderman Curtsinger made a motion to approve the minutes from March 2, Alderman Alexander seconded. Alderman Alexander noted on page 4 the last paragraph should read, " this would eliminate the possibility of 60 town homes." currently it reads, " this would allow for there to be 60 town homes. " With this correction the minutes were approved unanimously.

Mayor Dugger stated that the treasurer's report was before the board. Mayor Dugger made a motion to approve this report, Alderman Alexander seconded. Alderman Curtsinger asked for clarification in regards to the percentage on the last page of this report. Recorder Lancaster noted that this was a positive amount and not a negative amount. Additionally, he inquired about the balances that had previously been distributed to the board. Recorder Lancaster stated that this would again be given to the board. The vote was then taken, with Mayor Dugger, Aldermen Alexander, Curtsinger, and Felts approved, and Alderman Lothers abstaining.

Mr. Willis Wells reported for the Planning Commission.

• Ask the board to review the minutes
• Final plan Winterset Woods
• Monthly bond report was reviewed
• Elimination of PUD's was discussed

Ms. Betty Friedlander reported for the Historic Commission.

• Keep Williamson Beautiful Shread Day, April 22nd
• Hazardous-waste day and Earth Day will be in April

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Total calls up 32%
• Town calls up 95%
• Received budget, the amount is grossly less than requested
• A letter from the NVFD Board will justify the requested increase
• Appreciated the board's attendance at the banquet

Rich Woodroof reported for the Code's Department

• Completed 310 building inspections, 34 fire inspections
• 43 new residential permits issued
• The zoning ordinance is now online
• Attended conference on parking lots and design to decrease water runoff

Chief Paul Rigsby reported for the Police Department

• A written report was submitted
• Two officers completed a D U I training class
• New uniforms are being purchased

Mayor Dugger reported for the Public Works Department

• A written report was submitted to the board

Mayor Dugger noted that the census should be wrapped up by next week. He noted that several residence have not responded.

Mayor Dugger stated that Silver Stream Farms has turned in the documentation for the dedication of the right of way. Currently the town attorney is reviewing this paperwork.

Counsel Notestine stated that the documents have been recorded by Mr. Moon. A request for a survey has been made.

Public hearing on ordinance 06-05, an ordinance to annex certain territory east of current corporate boundaries known as Burkitt Place Development and to incorporate same within the corporate boundaries of the Town of Nolensville opened at 8:03 p.m. Counsel Notestine noted that this is an opportunity for the Public to have input. He added this is approximately 33.5 acres and has been requested to be annexed into the Town of Nolensville by the property owner. He further stated homes within this annexation area would be sprinkled. Engineer Woodroof stated that currently this development is under three jurisdictions. With this annexation it will be under two, Davidson County and the Town of Nolensville.

Mr. Porter Freeman, Nolensville Road, stated that a letter was sent to the town and there is a serious problem. He stated if he told the people here tonight what really was going on they would throw this board out of this building. The law that this board is using has been declared illegal and unconstitutional. He stated the people are suppose to vote on any annexation. I've been called a crackpot. When people say that I don't know what I'm talking about, they are ignorant.

Mr. J. R. Jones, stated that Counsel Notestine is a pretty informed individual. He stated he felt that the town was within their rights and should move forward on the annexation.

He applauds Bob Notestine's efforts.

Public hearing closed at 8:15 p.m.

Public hearing on resolution 06-07, a resolution adopting a Plan of Service for annexation ordinance 06-05, opened at 8:16 p.m.

Counsel Notestine noted the process of this resolution. Mayor Dugger asked if there is any input from the audience. There were no comment, therefore, the public hearing closed at 8:16 p.m.

Public hearing of ordinance 06-07, an ordinance to amend the zoning ordinance 04-09 to address landscape design opened at 8:16 p.m.

Mr. Laird noted that this ordinance addresses trees for subdivisions and commercial areas. He also noted that parking bays are addressed.

Alderman Curtsinger asked if the dimension of the trees on page 2 was realistic. Planner Henry Laird stated that this is the recommendation from the architectural firm. Public hearing closed at 8:21 p.m.

Mayor Dugger noted the board would allow the audience to briefly speak prior to each ordinance, therefore, he asked for any public comment on ordinance 06-06. Counsel Notestine noted that this ordinance addresses horns, building operations, yelling, shouting, and playing music.

Mrs. Mary Martin, Puckett Lane, stated there have been several complaints on Lazy Days, an establishment in the Historic area. She noted that they have speakers that blare music. She ask that this be monitored.

Mr. Frank Wilson, Nolensville Road, stated that a Bed and Breakfast is next door to this establishment. He also asked Mr. Laird about jake brakes on large trucks.

Mrs. Evelyn Bennett, owner of the Bed-and-Breakfast ask the board to modify the place and time of the noise. She stated that she felt hard rock music is not appropriate for the Historic area. She said that there is music going on sometimes till 3:00 a.m. in the morning.

Ms. Tricia Colson, Quarterhorse Lane, stated that she was for the noise ordinance. She further stated that she was surprised Nolensville did not have a noise ordinance. Counsel Notestine stated that the town does have a noise ordinance and it was based on decimals.

Second reading of ordinance 06-06, an ordinance to amend Title 11, of the Nolensville Municipal Code in regards to municipal offenses to add noise prohibitions.

Alderman Lothers stated that there may be some grey area with the hours between 11:00 and 7:00. Mayor Dugger felt that the first paragraph covered this area of concern.

Alderman Curtsinger stated that the construction should be reviewed and possibly make it a separate section in regards to timeframe. Alderman Lothers stated that during the daylight savings time, there is quite a bit of leadway, and it should be safe with "dark" being the deadline. Alderman Felts asked if this would cover the loud music that has been discussed tonight by the citizens? It was noted that the music was addressed. Alderman Felts stated that he has a problem with the timeframe also. Alderman Felts suggested a time of 10:00 p.m. He also asked if this ordinance covered a boom box that was going down the road. Chief Rigsby stated that state statute has a 50 ft. limit. Alderman Felts stated that the discharging of fireworks does not need to begin in April and go two months after the holiday. He further stated that he still has a problem with construction work and the dark issue. Alderman Curtsinger said that he could not see a power driver being used at 7:00 p.m.. He further noted we are again looking out for the developer and not the citizen. Alderman Lother ' s noted a noise ordinance from another city had a time frame of 7:00 p.m. to 7:00 a.m.. Mayor Dugger stated that in regards to fire work stands, these establishments normally do not open until a couple of weeks prior to the holiday.

Alderman Curtsinger asked Counsel Notestine if blasting could be limited. Counsel Notestine stated the state regulates blasting, the town could set a time frame, although it could not regulate blasting.

Alderman Curtsinger made a motion to amend this ordinance in the section of the building operations to reflect the following language, " to either 6:00 p.m. or dark, which ever may come first." Alderman Felt ' s second this motion. Several citizens commented on this issue with various individuals for and various individuals against the timeframe. After discussion Alderman Curtsinger amended his motion to, " to either 7:00 p.m. or dark, which ever may come first." Alderman Felt ' s second this motion, this amendment was passed unanimously. The board then voted on the ordinance as amended and was passed unanimously.

First reading of ordinance 06-08, an ordinance to amend fees in regards to building permits and firework sales. Counsel Notestine noted that Rich Woodroof and Michael Blanks have worked on this particular ordinance and have done extensive comparisons.

This ordinance raises the town fees to be compatable with other jurisdictions. Mr. Laird noted this ordinance should address the time frame of the permit. He stated that it is unclear if the stand owners would have to obtain a permit for the July 4th stand and then again on New Years, or obtain one permit for the entire calendar year. Alderman Alexander stated that it one permit should be valid for one event. Mayor Dugger noted that this was reviewed with the intent to have the permits to be valid for one year. Mayor Dugger made a motion to pass this ordinance, Alderman Lothers seconded this motion.

There was extensive discussion on the time frame of the permit in addition to the cost of the permit. Mayor Dugger made a motion to amend the fee for annual sales of $50,000 to $100,000 to $2,000 and annual sales over $100,000 the fee will be $2,500. Alderman Alexander seconded this motion, and this amendment passed unanimously.

First reading of ordinance a 06-09, an ordinance to amend the zoning ordinance 04-09, of the Town of Nolensville to address fireworks sales. Counsel Notestine briefly described this ordinance noting that this would allow a temporary use in the SR zone. The floor was then opened for public comments.

Commissioner Lew Green stated that his concern was in regards to Nolensville Road. He ask that the board review eliminating the lights that are set up by the fire work stands.

He stated his other concern were the signs that were being placed down Nolensville Road. Mr. Green stated that during this time it was a holiday and with employees not being at work, the enforcing of the sign laws were impossible.

Mayor Dugger noted that the fireworks stand owner made a presentation to the Planning Commission and stated that the land is a flood plain area where he has his stand.

Alderman Curtsinger stated that it should be noted a request of approval from Brentwood is needed to comply with the inter-local agreement.

Alderman Felts made a motion to approve this ordinance, Alderman Lothers seconded, and this passed by unanimous vote.

First reading of ordinance 06-10, an ordinance to amend in the zoning ordinance 04-09, of the Town of Nolensville to address expiration of grading permits. Counsel Notestine briefly explained this ordinance. Engineer Woodroof noted this is a safety catch for the town. Mayor Dugger then opened the floor for public comments.

Mr. Frank Wilson inquired about the completion time line. Mr. Woodroof stated there was not a time line at this point. Mr. Wilson stated there are two eye sores in Nolensville that should be addressed.

Mr. Larry Gardner stated that this should be reviewed due to projects being dormant for a couple of months.

Mr. Bob Haines stated that he was in favor of a time frame to encourage motivation for completion. Alderman Lothers asked for his expertise in this area. Engineer Woodroof said that a time frame of 90 days after the project is started should be sufficient.

Alderman Curtsinger asked who would be the person responsible for enforcing this ordinance. Engineer Woodroof stated that in most places within the ordinance it states the Mayor or his designee.

Mayor Dugger made a motion to approve this ordinance Alderman Curtsinger seconded and this passed unanimously.

First reading of ordinance 06-11, an ordinance to adopt a budget for fiscal year 2006-07. Counsel Notestine noted this is first reading of this ordinance. Mayor Dugger opened the floor for public comment. There was no public comment.

Alderman Felts noted that he did not see a line item for the library or schools. Mayor Dugger then went over various figures and noted the breakdowns for the library and schools. Alderman Felts asked that the fire department be increased. Alderman Curtsinger agreed noting that this department presented a bare bones budget. Alderman Curtsinger further stated that he did not understand the logic behind the school distribution. Mayor Dugger stated that the City of Brentwood gives $10,000 to elementary schools and $15,000 to middle schools. With Nolensville Elementary not receiving this funding the budget sub-committee felt giving $5,000 to Nolensville Elementary, $1,500 to Sunset Elementary and $1,500 to Sunset Middle was sufficient. Alderman Lothers asked if there was a breakdown of Nolensville children versus Brentwood children attending these schools. No one knew if this figure was available. Mayor Dugger noted that the majority of the fund balance is comprised of adequate facilities tax. Alderman Lothers asked for clarification in regards to some expenses being taken from the adequate facilities monies.

It was noted that this is the first reading, and the public hearing will be held next month with the final reading being in June. Mayor Dugger made a motion to approve this ordinance on first reading, Alderman Alexander seconded and this passed unanimously.

Reading of Resolution 06-05, a Resolution to participate in the 3-Star Program. Alderman Alexander briefly described this Resolution noting this could allow the town opportunities to participate in bonds and various funding. It was noted that Alderman Alexander has attended numerous meetings, in conjunction with the county, to participate in this program. The floor was then opened for public comment. With no public comment, Alderman Alexander made a motion to approve this Resolution, Alderman Lothers seconded, and this passed unanimously.

Reading of Resolution 06-06, a Resolution to affirm compliance with Federal Title VI Regulations. Alderman Alexander noted that in order to be a participant in the 3-Star Program the town must be compliant in regards to the federal law that pertains to discrimination. The floor was then opened for public comment. With no public comment, Alderman Alexander made a motion to approve this Resolution, Alderman Lothers seconded, and this passed unanimously.

With no further business, Mayor Dugger made a motion to adjourn, Alderman Felts seconded, and the meeting was adjourned at 9:55 p.m.

Respectfully submitted, Approved,

Cindy Lancaster                         Walter T. Dugger, III

Town Recorder                           Mayor

Nolensville Elementary School

Thursday, March 2, 2006, 7:00 p.m.

Vice-Mayor Tommy Dugger opened the meeting at 7:06 p.m. Members present were Vice-Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, and Larry Felts. Mayor Charles Knapper was absent. Staff present was Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 109 citizens present. Mr. Willis Wells led the prayer. Boy Scouts Richie and Kenner Alumbaugh led the pledge. Counsel Notestine read a letter that had been submitted by Mayor Charles Knapper. The letter stated that due to health and personal reasons he would resign his position as Mayor effective March 9, 2006.

Counsel Notestine stated that there had been requested changes for the agenda. Due to various requests, agenda item numbers 8, 9, 10, and 11 will be removed from the agenda. He noted that the developer of the property for Ordinance #05-34, asked for an indefinite deferral. The Mayor had requested that ordinance 06-04 be withdrawn. Therefore, if the board had no objection these items would be removed from the agenda. The board was in agreement.

Vice-Mayor Dugger read a statement that he had prepared in regards to Mayor Knapper’s resignation. He noted that it was sad when a difference of opinion cannot be respectfully listened to and issues worked out. Vice-Mayor Dugger said that we see a mentality that would speak untruths and cause discontentment. He noted that the only option the mayor felt he had was to resign. He stated that again, the Mayor felt that this was the best decision for the Town of Nolensville.

Ms. Nancy Kirby noted that there needed to be clarification in procedure of the Roberts Rules of Order. She noted the re-application process that is outlined in the zoning ordinance 04-09. She stated that she is confused why we aren’t following the Roberts Rules of Order. She then read various sections of “Roberts Rules of Order.” She noted that we have rules and when these are not followed it leads to mistrust. She discussed developers and their roles in length. She stated that we do not need to annex anymore and further noted that our integrity is not for sale our land is.

Mr. Jerry Lawson, Rocky Fork Road, stated that he saluted Mayor Dugger and his undertaking.

He stated that his concern is with developers who come to Nolensville, do what they want and then leave. He feels that they can be held more accountable in regards to schools and lighting. Mr. Lawson noted that with the roads the way they are, enough is enough.

Ms. Jackie Hicklin, Rocky Fork Road, stated that her family has lived and farmed this community for over 100 years. The way we are allowing it to be sold is not right. You cannot even have a tomato plant or pet. In the Stonebrook Subdivision there is area for children to play. I hope we can preserve what is left of this beautiful town.

Mr. Gardner Jones noted that he has spent a number of years in the service. My son is serving. He stated that he has serious concerns. He noted that growth is part of life. Uncontrolled growth is cancer. His concern is density of housing. The information is not readily available. The website is not updated. It is all old information. He stated that when a development is built to make sure the roads are wide enough. He noted that dump trucks could knock the mirrors off of vehicles. Mr. Rob Wells, Baronswood Drive, stated there were over 200 dump trucks that come down his street. He noted that speed bumps were requested over three years ago and this request was denied. There is a problem. Developers are coming in and making a lot of money. He noted that he is a homeowner and when you over populate this affects the value of my home. I ask that you do it right going forward.

Mrs. Lynda Moses, Rock Springs Road, read an article that was written by Alderman Joe Rositano, “Why we love Nolensville.” She asked the board if they had done what Joe had asked. She noted that Nolensvillians had charged them to protect Nolensville from the developers. She stated that we are country and are proud of it. Mrs. Moses then began to sing.

Mr. Butch Clark stated that this board has a tough job and would hate to walk in their shoes. He noted there are 1,900 homes that have been approved with eight or nine PUD’s. He noted that maybe the PUD’s should be removed.

Ms. Tonia Summerville asked the board to please vote in favor for the noise ordinance #06-06.

She stated that she has continuously called the police and has been told that Nolensville does not have a noise ordinance. She asked the board to please vote yes.

Mrs. Joyce Allemore, Fly Road, stated that a petition is going around to the Board of Mayor and Aldermen and the County. She read the petition, which addressed postponing annexation for 90 days. She asked that the town have traffic engineers other than the developer’s engineers. She asks that senior housing be addressed. She noted the biggest frustration is sending the town and county a letter and has not received a response from either. She noted that the citizens became defensive when the questions were not answered. Nolensville is not the next best place to live; it is the best place to live.

Mrs. Angie Shaffer, 2030 Williams Road, ask to think long and hard before any more PUD’s are approved. Don’t let the developers dictate what they will do. When they are done abusing us, they will move on. The PUD homes are far too close together. I feel compelled to say that actions taken in the past was greed.

Mr. Mike Hayes, Rock Springs Road, noted that he is new to Nolensville and likes the small town charm. He spoke about subdivisions and areas in Virginia. He noted that he would love to open an office in Nolensville. He further stated that it still has the opportunity to maintain the charm. He noted that the board is doing a hard job and to please think of the constituents. He asked how many homes would be built in Silver Stream.

Mrs. Carol Simpson, Rocky Fork Road, noted that recently she has returned to Nolensville and drove through McKay’s Mill. She hopes that this is not coming to Nolensville anytime soon. PUD’s are future ghettos. She is grateful for the change in the agenda tonight. She asks the board to not let the growth destroy Nolensville and to please put a 90-day postponement on annexation. Mrs. Kristie McArthur, 880 Dortch Lane, said the town’s people who voted this board in is losing their trust. The infrastructure is not in place for the developments, it doesn't matter whether the town, County or Brentwood, did it. She noted that she married into a family that has been here for 35 years and loves this community. She stated that the bottom line is the people want the growth to slow down. Mr. Norm Auffhamm, Cowan Drive, stated that he is not familiar with Roberts Rules of Order and he is from New York. He noted that he came from a small community similar to Nolensville.

He noted that when he visited Nolensville he was taken back by the Southern Hospitality. He noted that they have true concern, but he has observed the McFarlin Development and this seems to be a very nice development. He stated that he believes when the citizen’s see this they will be pleased.

Mr. Ron Reed noted that he is being annexed and doesn’t want to be in Nolensville. He noted that he wanted to go on record that he does not want to be in the city limits.

Ms. Cynthia Moe, 2527 Fly Lane, stated that Williamson County is one of the most desirable places in the world. The housing market is cooling. She noted that this needs to be reviewed. County Commissioner Lew Green, Waller Road, stated that the Lions Club would be holding their Pancake Breakfast on Saturday, March 18, with proceeds going to the Sunset Middle School. Mr. Kelly Ensworth, 892 Dortch Lane, noted that a board member had stated that PUD’s do not work in Nashville and will not work in Nolensville. This gentleman has retracted his statement. He shared his concern noting that a contractor harassed his stepdaughter. He further stated that

if you are going to build in Nolensville let’s make sure it is controlled growth. Alderman Felts made a motion to approve the minutes from February 2, Alderman Alexander seconded. The minutes were passed unanimously.

Vice Mayor Dugger stated that the treasurer’s report was before the board. Alderman Alexander made a motion to approve this report, Alderman Curtsinger seconded. This report was approved unanimously.

Mr. Willis Wells reported the following for the Planning Commission: Encouraged members to read the minutes

• Bent Creek Final Plan was reviewed
• McFarlin development has gone to the county for approval
• Streetlights will be paid by Homeowners Association
• Monthly bond report was approved

Betty Friedlander reported for the Historic Commission:

• Congratulated the Public Works Department – 1.5 rating on litter
• Great American Clean-Up will be March 1, - May 1

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Building addition has begun
• Currently reviewing the Budget

Rich Woodroof reported for the Codes Department.

• Over 40 new home permits issued
• Approximately 250 inspections performed
• Angela Douglas, secretary, has been hired
• Brittain Lane repairs have been completed
• Drainage issues are being reviewed in the Subdivision Regulations
• Geometric layout for light signal proposals is being reviewed

Chief Paul Rigsby reported for the Police Department.

• Noted that written statistical data was submitted to the board
• Noted one officer has been on medical leave
• Vandalism continues-urged citizens to call if any suspicious activity

Vice-Mayor Dugger reported for the Public Works.

• Stated a written report was submitted

Due to Mayor Knapper’s absence there was not a Mayor’s report.

Vice-Mayor Dugger announced that he would like to have a workshop to try to pull the community back together instead of being so divisive. He noted that this would be announced once a date is selected.

Second reading of 06-01, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Suburban Residential (SR) to Commercial Services with Commercial Corridor Overlay and Office Industrial. Counsel Notestine noted this is the second reading of this ordinance. Vice-Mayor Dugger asked for the Planning Commission vote. It was noted that the Planning Commission passed this unanimously. Alderman Curtsinger asked if there were any citizen’s comments from the public hearing last month. It was noted that there was none.

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

Second reading of Ordinance #06-02, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Urban Residential (UR) to Commercial Services (CS).

Engineer Woodroof illustrated the location of this property. Alderman Curtsinger asked where is the overlay applied. Engineer Woodroof stated that it is on Nolensville Road, although the Board of Mayor and Aldermen can decide the exact location. Alderman Curtsinger asked if there is better control if the overlay is applied. Engineer Woodroof stated that there are more restrictions.

Town Planner Laird stated that more things are prohibited and there are more restrictions. Alderman Curtsinger made a motion to apply the Commercial Corridor Overlay (CCO) to this property, on both parcels, Vice-Mayor Dugger seconded the motion. Alderman Alexander asked if these elements were put in this overlay because of Nolensville Road. This was agreed.

Alderman Alexander asked how this would affect Oldham Drive. The applicant stated that they would make all the property comply with the overlay. Alderman Curtsinger noted that most of the concerns are what can be built in that area. Alderman Felts stated that the UR zoning was more stringent. Mr. Laird stated that it is higher residential density. Alderman Felts stated that this was zoned for affordable housing and he questions if the town wants to do away with this zone.

Representatives with Ragan Smith and Trace Development asked if the overlay would extend back a certain distance? Mr. Laird stated that there is not a distance specified and the intent was to have consistent design.

Mr. Kantrell, with Trace Development, clarified that the overlay deals with mainly setback issues.

Vice-Mayor Dugger asked the distance of the proposed buffer. Rick with Ragan Smith stated that this has not been determined. He further stated that they are sensitive to the citizens concerns. Counsel Notestine noted that this is a rezoning request and they must come back with a Concept Plan that will be presented to the Planning Commission. Vice-Mayor Dugger asked if the Planning Commission could change the buffer. Mr. Laird stated that they could not. Vice-Mayor Dugger stated that his concern was for the people in the subdivision. The amendment was then voted on with Vice-Mayor Dugger, Aldermen Alexander and Curtsinger for, Alderman Felts opposed.

Alderman Alexander stated that he would like to see this go to CS zoning. This would allow for there to be 60 town homes. He noted that he would support the CS zone. Vice-Mayor Dugger stated that he wanted the Planning Commission to make sure that there is substantial buffering.

The vote was then taken on ordinance 06-02 as amended, Vice-Mayor Dugger, Aldermen Alexander and Curtsinger for, Alderman Felts opposed. This ordinance passed with majority vote.

First reading of ordinance #06-05, an ordnance to annex certain territory east of current corporate boundaries known as Burkitt Place Development and to incorporate same within the corporate boundaries of the Town of Nolensville. Mr. Laird stated that this development has preliminary approval through the county, therefore it will be developed. Vice-Mayor Dugger stated that this development was approved through the county, although after annexing, the houses constructed would pay the Nolensville impact fees and must abide by the sprinkler ordinance. Alderman Alexander stated that he agreed with Vice-Mayor Dugger. Alderman Alexander made a motion to approve this ordinance, Vice-Mayor Dugger seconded and this ordinance was approved unanimously.

First reading of ordinance #06-06, an ordinance to amend Title 11 of the Nolensville Municipal Code in regards to municipal offenses to add noise prohibitions. Counsel Notestine stated that this is the first reading and this allows the police or code department the ability to issue a fine. Mr. Laird stated this ordinance was composed after research with Chief Rigsby.

Alderman Felts stated that we have not addressed the Fourth of July or New Years. He stated that he would like to add a time frame for these holidays. He also stated that he would like to see a Monday through Saturday with a 7:00 a.m. until dark time frame. We need to set a time such as 7:00 a.m. until 6:00 p.m. Alderman Curtsinger stated that he agrees with Alderman Felts, and feels that during the summer time building could go back until 9:00 p.m. Alderman Alexander stated that this is first reading and can be reviewed. Counsel Notestine said that this could be discussed at the town meeting that would be forthcoming. He further noted that this ordinance does not require a public hearing. Alderman Curtsinger made a motion to approve this ordinance, Vice-Mayor Dugger seconded and this passed unanimously.

First reading of ordinance #06-07, an ordinance to amend the zoning ordinance 04-09, to address landscape design. Mr. Laird noted that Hebert Landscape Architect reviewed the town landscape section and this is their recommendation. He noted that the tree list was updated. Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

Alderman Felts noted that it upset him for a man, Mayor Knapper, to work ten years for this town and to have people clap and laugh was ridiculous. He further stated that it hurts him deeply the way the crowd reacted. Alderman Felts stated that this is a dark day for Nolensville. He stated that he was ashamed of the town’s behavior tonight with the reading of the Mayor’s resignation. Mr. Alfred Bennett stated that he speaks for the people that we stand behind you and care about what you are doing.

Alderman Felts made a motion to adjourn, Alderman Curtsinger seconded, and the meeting was adjourned at 9:26.

Respectfully submitted, Approved,

Cindy Lancaster                          Walter T. Dugger, III

Town Recorder                            Mayor

Nolensville Elementary School

Thursday, February 2, 2006, 7:00 p.m.

Vice-Mayor Tommy Dugger opened the meeting at 7:03 p.m. Members present were Vice-Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, and Larry Felts. Mayor Charles Knapper was absent. Staff present was Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 63 citizens present.

Mr. Willis Wells led the prayer and pledge.

Vice-Mayor Dugger asked for citizen’s comments.

Dr. James Clark, 921 Oldham Drive, inquired about the ethics bill. Counsel Notestine noted that recently there was a staff meeting and it was felt that due to Metro Nashville and the State of Tennessee reviewing a similar document the town would wait on their wisdom to review their final document. Dr. Clark noted that the state and metro is a much larger level of government. Alderman Felts stated that this is being addressed by Alderman Curtsinger and himself.

Mr. Phillip Tuck, 812 Alec Court, noted that he has lived in Nolensville for eleven years and is getting a little scared about the building that is being performed early in the morning till late at night. He asks the board to be proactive and please review a noise ordinance. He noted that the blog appeared to be very one sided and asked if the author was in attendance (there was no response). Alderman Alexander stated that he believed the writer was in the audience. He ask that the town compose a website that would produce accurate information.

Mr. Al Casey, Fly Road, noted that his property was adjacent to the McFarlin development and agrees with Mr. Tuck in regards to the noise ordinance. He also requested that this development have a berm blocking his property from the development.

Ms. Sheryl Williams Holt stated that her family owns property at 2538 York Road and was in attendance to speak in favor of the rezoning from ER to SR. She told the board that she would appreciate their vote for this rezoning.

Ms. Bridgette Hines, 713 Honors Court, stated that she has a concern in regards to the noise and her foundation from the blasting. She noted that she had received a letter in regards to the development behind the Post Office and has a concern about the buffer and water run-offs in the storm drains. She further stated that if two or three story buildings were permitted in this area, she did not feel that this would be very aesthetic.

Mr. Mike O’Kain, 1250 Countryside Road, stated that he was partially responsible for the ad that was placed in the Nolensville Dispatch. He stated that his point was to tell the people that that for the 20 homes that will be built, the public is not told about the five acres that will be flood plain. He stated that some Aldermen believe it is o.k. to have PUD’s. He stated that he was against PUD’s and against rezoning. He asks that the board vote against this. Alderman Alexander asked Mr. O’Kain if he lived in the Subdivision. Mr. O’Kain stated that he did. He then asked Mr. O’Kain if he was against PUD’s. Mr. O’Kain stated that he was. Alderman Alexander asked Mr. O’Kain if he was against the rezoning request tonight. Mr. O’Kain stated that if it was a PUD.

Alderman Curtsinger read a letter from Ms. Shannon Gamble, 2167 Kidd Road, stating her concern of the number of cars that will be traveling Kidd Road. She ask that forethought go into paving Kidd Road, to slow down the growth and give the roads time to catch up with the development. She asks in the letter that the town review other towns to analyze the harm on cities with “growth too fast”. Ms. Joyce Allemore, Fly Road, read a letter that she had written to the board. She noted that reading the minutes the descriptions were not very good. She stated that she went to town hall and met with Mr. Henry Laird. Ms. Allemore read excerpts from Ordinance #05-25. She noted that the property across from her residence is the McFarlin property. She noted that she has talked to various people who have told her there is no need to fight city hall. She stated that she is not fighting, but merely wanting to keep the critters in the larger acreage. She asks that a hold be placed on rezoning until lot sizes and lines can be revisited.

Ms. Tracy Kujawa, 9840 Sam Donald Road, noted that she is the founder of Angel Heart Farm. She stated that this is an equine farm for cancer survivor patients that have been here since 2004. The serenity of Nolensville is being threatened. Land was recently sold to developers that are adjacent to the Angel Heart Farm. A letter was read from a parent of a child that utilizes Angel Heart. She asks the board to please protect Angel Heart Farm and control the potential growth.

Ms. Shelly Wolff, 9775 Split Log Road, stated that she was at this meeting to reiterate Ms. Kujawa comments.

Dr. Ted Behar, 9868 Sam Donald Road, noted that he is here to oppose Rocky Fork Road rezoning. He stated that the town has appointed and elected officials who continue to say they are against these issues. He noted currently we have a circumstance where the town can make them build a standard subdivision. In the one and only instance we could now say no.

Alderman Curtsinger made a motion to approve the minutes from January 5, Vice-Mayor Dugger seconded. Alderman Alexander stated that on the bottom of page six Alderman Dugger made a motion in regards to Phase II. This is incorrect. This should read Phase III. This was agreed. With this correction, the minutes were passed unanimously.

Vice-Mayor Dugger stated that the treasurer’s report was before the board. Alderman Alexander made a motion to approve this report, Alderman Felts seconded. Alderman Curtsinger stated that he had not received the report. The vote was taken for approval with Vice-Mayor Dugger, Aldermen Alexander, Felts for, and Alderman Curtsinger against.

Mr. Willis Wells reported the following for the Planning Commission:

• Winterset Final Plat Section II was approved with conditions
• Rezoning between York Road was discussed
• Land Use Plan was modified
• Landscape requirements were discussed
• Approval was granted to a six-month limitation on a grading permit
• Turn around of a minimum of one foot was approved
• Monthly bond report was approved

Betty Friedlander reported for the Historic Commission:

• Wanda Barker is now Chairperson of this Commission
• Kirk Duclose is Vice-Chair of this Commission

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Pump Class is currently being held
• New members class has begun
• Budget is being reviewed.
• Currently have two thermal units

Rich Woodroof reported for the Codes Department.

• 240 inspections performed
• 40 new home permits issued
• Brittain Lane repair began
• Amec reviewed Section IV of McFarlin Woods
• Bent Creek Roads have been reviewed and some repairs will be made

Chief Paul Rigsby reported for the Police Department.

• Noted that a written statistical data was submitted to the board

Vice-Mayor Dugger reported for the Public Works.

• Stated a written report was submitted

Alderman Curtsinger asked for a timetable on “No Parking” signs to be erected. Engineer Woodroof stated that he would make this a priority.

Due to Mayor Knapper’s absence there was not a Mayor’s report.

Vice-Mayor Dugger announced there would be a fund-raiser at Ravenwood High School on February 13 with Buddy Jewell, Pam Tillis and Marcus Hummon performing. He encouraged everyone to attend.

Public hearing for 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 opened at 7:50 p.m. Counsel Notestine noted the process of adopting an ordinance. Mr. Laird pointed to the property on a map. Alderman Alexander inquired about a portion of property in which a property owner requested to be removed. It was noted that this ordinance could be amended during the second reading.

Ms. Lola Rooker stated that she owns three parcels and lives in Mount Juliet. She stated that she objected to this, although the two owners beside her want to be annexed. She stated that she was a bluecollar worker and knows the town will take her to court.

Mr. Neal Cole, 2189 Kidd Road, stated that his property is in the proposed annexation area. It was noted that his property was not in the proposed annexation area. He then had no comment.

The public hearing closed at 7:57.

Public hearing for resolution #05-14, a resolution adopting a Plan of Service for annexation ordinance #05-25 opened at 7:57. Counsel Notestine briefly explained this resolution. There was no public comment. The public hearing was closed at 7:58. Public hearing for Ordinance #06-01, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Suburban Residential (SR) to Commercial Services with Commercial Corridor Overlay and Office Industrial opened at 7:58. Counsel Notestine noted the process of the ordinance and Mr. Laird showed the location of this request. There was no public comment. The public hearing closed at 8:01.

Public hearing for Ordinance #06-02, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Urban Residential (UR) to Commercial Services (CS) opened at 8:01. Mr. Laird illustrated the location of this property.

Dr. James Clark, 912 Oldham Drive, stated that this request went through the Planning Commission and he had reservations about this project. The town agreed to have town homes and low density housing in this area. He stated that he did not think the town should rush into this. He stated that we jump too quickly. He further stated that he expressed this concern at the Planning Commission meeting.

Mr. Laird stated that this is zoned Urban Residential that allows five units per acre. Counsel Notestine stated that this has been zoned Urban Residential for approximately 10 years.

Mr. Phil Tuck, Alec Court, stated that the way the public is approached in regards to a public hearings maybe the reason for the disappointment.

Mr. Frank Wilson, Nolensville Road, stated that he is a Planning Commission member and noted that there is a buffer zone and a road to Nolen Park. He further noted that being a Planning Commission member he feels that this is the most feasible way to go.

Citizens from the audience asked various questions. One asked for the buffer zone size. It was noted 40 foot. Another asked for the road width. There was a brief discussion on this issue. Planning Commission Larry Gardner stated 50 foot. A citizen asked if a McDonald’s could be built at that location. Engineer Woodroof stated that yes it would be allowed in that zoning.

Ms. Kathryn Crammer, 808 Alec Court, stated that she wanted to echo what Dr. Clark had said. She noted that the neighbors would have to listen to the noise forever.

The public hearing closed at 8:16.

Second reading for ordinance #05-32, an ordinance to rezone property currently Suburban Residential (SR) to Commercial Regional (CR). Counsel Notestine noted that this is second reading. Mr. Laird illustrated the location on the map. Alderman Curtsinger inquired about the depth? Mr. Laird stated that it varies. Alderman Curtsinger verified that this was the property involved in the Brentwood lawsuit. It was stated that he was correct. Vice Mayor Dugger stated that he felt the town should look at the Commercial Regional zoning setbacks. Alderman Felts noted that the owners did request this change. Alderman Alexander stated that this gives the town the opportunity to have a larger “box”.

A motion was made to approve this ordinance by Alderman Felts, seconded by Alderman Alexander.

The vote was taken and passed unanimously.

Second reading for Ordinance #05-33, an ordinance to rezone property currently Suburban Residential

(SR) to Commercial Services (CS). Mr. Laird noted that this is Mr. Tom Herbert’s property. Alderman Alexander inquired if this was in compliance with the town’s Land Use Plan. Town Planner Laird stated that it does comply. Alderman Alexander made a motion to approve this ordinance, Vice-Mayor Dugger seconded. This ordinance was passed unanimously.

Second reading of Ordinance #05-34, an ordinance to rezone property currently Estate Residential (ER) to Suburban Residential (SR). Counsel Notestine noted that these are six tracts of land that are being requested to be rezoned. Vice Mayor Dugger made a motion to approve this ordinance, Alderman Alexander seconded. Vice-Mayor Dugger made a motion to delete Map 57, parcel 36 and Map 56, parcel 117.01, Alderman Alexander seconded. This amendment passed with Vice-Mayor Dugger, Aldermen Alexander and Felts for, Alderman Curtsinger against.

Alderman Curtsinger noted that the developer of this property came to him and ask that he recuse himself from the vote due to his residence on Nolensville Road and a conflict of interest. Alderman Curtsinger stated that he did not feel there was a conflict of interest. After conferring with Counsel they did not feel there was a conflict of interest.

Alderman Dugger noted that the new Land Use Policy would not allow a PUD in this area. Alderman Curtsinger asked Counsel if this could be changed. Alderman Alexander noted that it was his understanding that the Board of Mayor and Aldermen cannot over turn the Land Use Plan. The Planning Commission is the governing body that adopts this document.

Counsel Notestine stated that the Board could approve zoning. Alderman Alexander stated that this is a very important document and this board cannot overturn it.

Alderman Curtsinger noted that this board currently has a unique opportunity in regards to this rezoning. He noted that he has heard people say that they don’t want to cut grass. The town has given them that option with the other PUD’s. We do not have estate lots. We have an opportunity to build 5-acre tracts. I protest the fact that we did not have an option three on the Land Use Plan. The new Land Use Plan came about because a developer made a request and then with drew the request. The Land Use Plan was approved to permit this rezoning.

We owe it to this town to leave this estate residential and give variety. The Sunset School will be full next year. I think schools are a major part of infrastructure. Now you cannot get out at Rocky Fork Road. I cannot see putting this strain on the roads. If this were such a great idea the Land Use Plan would not have been so controversial. If you read the article in the Williamson AM from Peter Jordan, the committees set the agenda. When these committees make recommendations the Board listens. The town cannot afford this especially when you hear how much Waller Road is going to cost the town. The town cannot even afford a traffic signal.

Alderman Alexander said Alderman Curtsinger was incorrect regarding the approval of the Land Use Plan. The Land Use Plan was started before this rezoning request and was not approved to allow approval of this zone change request.

Vice-Mayor Dugger noted the Town has tried to get a traffic light and the criteria in the past has not met the guidelines to install this device. Vice-Mayor Dugger also noted that Alderman Curtsinger continues to give constituents bad information.

Alderman Felts questioned if the property was in the town limits. It was noted this property was in the town limits.

Vice-Mayor Dugger stated that our Urban Growth Boundary changed the town’s growth plans and required a new Land Use Plan. Alderman Curtsinger stated that the people of this town don’t deserve overcrowded schools.

Alderman Alexander stated that he initially voted against this at first reading due to a question of ownership of the property. This has been rectified.

The vote was then taken for approval of this ordinance as amended, Vice-Mayor Dugger and Alderman Alexander for, Aldermen Curtsinger and Felts against. This was defeated with a tie vote.

Second Reading of Ordinance #05-35, an ordinance to amend the zoning ordinance to amend and add various definitions. Alderman Curtsinger asked Mr. Laird if there were any questions in regards to these definitions. Mr. Laird stated not to his knowledge.

Vice-Mayor Dugger made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

Second Reading of Ordinance #06-03, an ordinance to amend fees relating to fee schedules which were adopted previously in ordinance #97-18 and amended by ordinance #99-18. Engineer Woodroof noted that this is compatible with other municipalities within this area. Vice-Mayor Dugger made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously.

Reading of resolution #06-03, a resolution for an addendum to resolution #97-17 the adoption of a Personnel Policy and Procedure Manual in regards to sick leave. Counsel Notestine noted that a resolution requires only one reading. Vice-Mayor Dugger made a motion to approve this resolution,

Alderman Curtsinger seconded and this passed unanimously.

Reading of resolution #06-04, a resolution to formally enter into an agreement with Mr. John Poole a CPA. Vice-Mayor Dugger made a motion to approve this resolution. Alderman Curtsinger seconded and this passed unanimously.

Other:

Alderman Curtsinger stated that he would like to see the town purchase a power point computer system. Approval was given by acclamation to look into a power point system.

The meeting adjourned at 8:55.

Respectfully submitted, Approved, Cindy Lancaster

Charles F. Knapper Town Recorder Mayor

Regular Meeting, Nolensville Elementary School

Thursday, January 5, 2006, 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 Henry Laird, Town Engineer Rich Woodroof and

Recorder Cindy Lancaster. There were 61 citizens present.

Mr. Willis Wells led the prayer and pledge.

Mayor Knapper asked for citizen’s comments.

Mr. Michael O’Cain, 1250 Countryside Road, stated he was disheartened by what the city is doing. Nolensville is going to be over-populated with all the construction. He stated that he felt Nolensville was growing to fast and encouraged everyone to attend the meetings.

Ms. Sheryl Williams Holt stated that her family owns property on York Road and has requested rezoning. She stated that they have been crowded out and cannot build any more homes on her land. She asked for support for the rezoning.

Ms. Cindy Arnold, 878 Dortch Lane, stated she welcomed growth and development. She stated that Nolensville has a unique opportunity to have standard subdivisions. She asks that the board consider 14,000 square foot lots and not 11,000. She asks for larger setbacks. Ms. Arnold noted that currently it is 20’ and she would like to see 30’. Further, no one wants a subdivision with front loaded garages. She stated that if it is allowed, please have construction 5 to 10 feet behind the house. Ms. Arnold noted that wider streets are essential. She stated that Britain Downs could be wonderful with these changes.

Alderman Dugger made a motion to approve the minutes from December 1, Mayor Knapper seconded. The minutes were passed unanimously. Recorder Lancaster noted that due to the conversion of the computer software the treasurer’s report was not submitted. This will be submitted next week to the board. A vote was then taken on the November treasurer’s report that was submitted to the board last month.

Alderman Dugger made a motion to approve this report, Alderman Felts seconded and this passed unanimously. Mr. Willis Wells reported the following for the Planning Commission:

• Noted the Land Use Plan was discussed.
• Two parcels behind the Post Office were reviewed.
• Nolensville Collision Center was approved.
• Mr. Bill Charles made a presentation for Fly/McFarlin Road.
• Monthly bond report was approved.

Betty Friedlander reported for the Historic Commission:

• Keep Williamson Beautiful phone book collection will not be at the schools, but can
• be taken to the Convenience Centers.

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Beginning budget process.
• Noted the gas bills have increased.
• Noted the monthly and annual report was submitted to the board.
• Calls were up 229% in the town limits.
• Currently there are 25 members.

Rich Woodroof reported for the Codes Department.

• 241 inspections performed.
• 50 new homes in December 04 versus 157 new homes in December 05.
• New Sam Donald Road has opened this month.
• Received preliminary plan for Rocky Fork bridge from Mr. Moon.

Chief Paul Rigsby reported for the Police Department.

• Noted Brentwood Police Department will sponsor Women’s Self-Defense January
• 16-19.
• Noted that statistical data was submitted to the board.
• Introduced Officers Bryan Howell, Charlie Holt and Kenneth Lee who recently joined
• the Nolensville Police Department. Swearing in these new officers followed.

Mayor Knapper reported for the Public Works.

• Stated a written report was submitted.
• Noted that in January and February this department slows down, although will get busy in March.

Mayor Knapper made a motion to appoint Alderman Alexander to the Planning Commission, Alderman Felts seconded and this passed unanimously.

The following Committees and Commissions were approved by acclamation:

Planning Commission TERMS Vacant 1 Budget Subcommittee Frank Wilson 1 Charles F. Knapper Rick Fisher 2 Willis Wells Vacant 2 Betty Friedlander Willis Wells 3 Jimmy Alexander Bob Haines 3 Tommy Dugger Larry Gardner 4 Jimmy Alexander 4 Charles F. Knapper 3

Board of Zoning Appeals Board of Adjustments Human Resource Subcommittee Larry Gardner Charles F. Knapper Joe Curtsinger Larry Felts Vacant Tommy Dugger Bob Haines Charles Lawson Historic Commission Betty Friedlander Pat Aldred Wanda Barker Tommy Dugger Vacant

Mayor Knapper noted that town hall has increased in regards to workload. He asked for approval to hire a secretary and noted that it is the intent to have this individual out front to work with the Town Planner and Town Engineer. He noted this individual would be responsible for transcribing the Planning Commission minutes in addition to the Board of Mayor and Aldermen minutes. Alderman Dugger asked where the funds would be obtained to pay for this position. Mayor Knapper stated that it would come from the fund balance and the increase in the building permit fees. Alderman Alexander made a motion for the Human Resource Committee to begin the interview process. This was approved by acclamation.

Mayor Knapper reported on the Fast Track Grant in regards to the water line installation. Mayor Knapper noted that this grant was applied for and received sometime ago. This grant has been dormant for several months. It is now in the Engineering Department of the utility company and is moving forward.

Mayor Knapper noted that the town had met with MPO previously requesting to be taken from year 2025 to 2016 Horizon Year. He explained this process and stated that the town had requested funding be placed in the year 2016. The MPO instructed the town to discuss the funding with TDOT. Mayor Knapper advised the audience that the town is continuously working on the road issues.

Public hearing for ordinance #05-32, an ordinance to rezone property currently Suburban Residential (SR) to Commercial Regional (CR) opened at 7:46. It was noted that this includes 11 lots and is the new Commercial Regional zoning. Counsel Notestine explained the public hearing process. There was no public input. The public hearing closed at 7:50. Public hearing for Ordinance #05-33, an ordinance to rezone property currently Suburban Residential (SR) to Commercial Services (CS) opened at 7:50. Mayor Knapper noted that this is compatible with the Land Use Plan adopted by the Planning Commission and the Board of Mayor and Aldermen. There was no public input. The public hearing closed at 7:51.

Public hearing of Ordinance #05-34, an ordinance to rezone property currently Estate Residential (ER) to Suburban Residential (SR) opened at 7:51. Town Planner Henry Laird noted that Mr. Moon had contacted town hall and ask that two parcels be removed from the rezoning request. Mr. Clifton with the engineering firm representing the developer, Tom Moon, noted the 10% required open space has been exceeded. He noted that there would be a buffering area and this is a standard subdivision, not a PUD. Mr. Clifton further noted that 1.8 is the allowable density and Mr. Moon is proposing approximately .95.

Dr. Nancy Kirby, 7388 Nolensville Road stated that she is concerned about the rapid growth and if the town has the infrastructure in place to accommodate the anticipated growth. She asks that the town pay attention to animal control and the landfill.

Ms. Betty Jones, York Road, noted that she was the owner of a portion of the property that is being requested for rezoning. She stated that Tom Moon is presenting a well thought out plan. She noted that with this development the town would increase tax revenue. She asks the board to vote for the rezoning.

Alderman Curtsinger noted that this is a request for a zoning change and not an approval of a concept plan.

Ms. Cindy Arnold, Dortch Lane, stated that she felt Mr. Moon has a unique opportunity to have a wonderful community. If this is rezoned it could have ½ acre lots. She asks that the board continue to keep abiding by the Comprehensive Plan and to keep this zoned ER. Alderman Alexander noted that currently the plan allows for ½ acre lots.

Mrs. Lucy Ellen Dahlgren, 7380 Nolensville Road, stated that she is opposed to this rezoning. She noted that there is no guarantee that this will remain a standard subdivision.

Ms. Dahlgren stated that the town is not prepared for another PUD. Town hall has shown that there are not enough secretaries and police to handle the current town limits. This will place more demands on the already strained infrastructure.

Mr. Adrian Jones, York Road, noted that the proposed zoning request is not a PUD. He stated that this is a standard subdivision. He further noted that since he was 20 years old he has been in public service and was proud of this board. This development is not proposed to build on top of each other. He ask the board to keep in mind that individuals who would vote “yes” do not attend, it is the individuals that are opposed who attend. The opposition here tonight, compared to who are not attending, is small.

Mr. Michael O’Cain, noted that he strongly disagreed with Mr. Jones. He stated that he had spoken with his neighbors and they are against PUD’s and are for larger lot sizes.

Mr. Steve Putney, Consultant for Mr. Tom Moon in regards to the bridge on York Road, told the board that if they had any questions in regards to this construction he would be happy to answer any of their concerns.

Ms. Amanda Collins, 7388 Nolensville Road, stated that this was her family’s property and has just recently returned from Iraq. She is shocked that within the time frame that she has been gone there have been a number of changes within Nolensville. She asks that the board benefit the community, stick with the ER zoning, and keep the hometown community.

Ms. Sheryl Williams Holt stated that she was raised in Nolensville and currently resides in Bradenton. She noted that her great-great grandmother helped build Nolensville. She said that she trust Mr. Moon to put a wonderful community there.

Mr. Tim Rawson, 2353 Rocky Fork Road, asked for the definition of ER. Town Planner Henry Laird stated that ER zoning has a minimum lot size of 1 ½ acre. Alderman Alexander noted that in addition to Mr. Moons request to remove two parcels, there has been a request to add a parcel by property owner Ms. McKnight. Town Planner Laird additionally stated that if this is voted in favor by the board there is a parcel that will be surrounded by this zoning and it would be beneficial to Nolensville to re-zone this parcel also.

Ms. Joyce Allemore, Fly Road, inquired about the lot size for suburban residential. Mr. Laird stated that ½ acre minimum lot size – 20,000 square feet.

There was no further input.

Mayor Knapper noted that in regards to animal control and the landfill, Williamson County provides both of these services. He further stated that the town is working with TDOT in regards to signalization.

The public hearing closed at 8:24.

Public hearing for Ordinance #05-35, an ordinance to amend the zoning ordinance #04-09, to amend and add various definitions opened at 8:24. Counsel Notestine stated that this is an amendment to add definitions to the zoning ordinance. Mr. Henry noted it is approximately four pages and currently these definitions do not exist. There was no public comment. The public hearing closed at 8:25.

Second reading of Ordinance 05-28 an ordinance to amend the zoning ordinance #04-09 to create a Commercial Regional (CR) zoning. Mr. Laird noted that this ordinance pertains to mainly the north areas that were recently annexed. Alderman Dugger asked about the future right of way. He asked if 54’ would be enough from the centerline. Engineer Woodroof stated that he would have to obtain plans from TDOT. He noted that Bill Terry, the former Planner, worked with TDOT and this is their requirement. Alderman Alexander asked if this was TDOT’s recommendation. Engineer Woodroof stated yes. Mr. Frank Wilson, Planning Commission member, stated that when the Planning Commission discussed the by-pass with TDOT they said it would need to be 108’.

Alderman Dugger asked how the town would address the building façade. He inquired if a side or rear part of a building was visible from a public street, what would be the requirement? He further inquired if this would protect the town if a street were constructed in the future? Mayor Knapper stated that when a plan was presented it would have to be a condition. Additionally, the Major Thoroughfare Plan would be reviewed when a plan was presented. Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

Second reading of Ordinance #05-29, an ordinance to approve a concept plan for a planned unit development overlay known as Britain Downs. Counsel Notestine noted this is second reading for approval of a concept plan for a development on Sunset Road and Britain Lane. Engineer Woodroof noted that this is not the final plan approval. Alderman Alexander made a motion to approve this ordinance, Mayor Knapper seconded. Mayor Knapper noted that Mr. Mike Anderson and Mr. Fred Yazdian were in attendance to address the board. Mr. Anderson noted that there were six conditions that will travel with this project that have previously been imposed by the town. Alderman Alexander stated that sometimes a developer will come in with a plan and then “flip-it”. He stated that this means after approval they will then sell the development. He asked Mr. Anderson and Yazdian if they intended on doing this? Mr. Yazdian sated that he is the developer and the builder and does not intend on “flipping” this project. Alderman Curtsinger asked for the definition of a façade and garage. Mr. Anderson stated that the garage must setback 3’. There was extensive discussion on porches and garages.

Alderman Dugger made a motion to amend the ordinance with condition #4 to change the front “plan” to front “façade”. Alderman Alexander seconded. This was unanimously approved.

There was discussion on front load garages and the percentages within the development.

Mr. Anderson stated that realistically 20 – 22% could be done. Mr. Yazdian stated that he is willing to do whatever the board request. Alderman Curtsinger asked if this was a standard subdivision and inquired to how many homes could be built in this development. Mr. Anderson stated that he did not know, he would have to calculate this to come up with an accurate figure. Alderman Curtsinger asked if there was a reason why they could not have a larger number of non-front load garages. Mr. Yazdian stated that it depends on the lay of the land and the architecture. He noted that he tries to minimize disturbing the land with blasting. There was extensive discussion on side yard setback in regards to topography.

Alderman Dugger made a motion to amend the ordinance with condition #5 to change from 10% to 30% and have flexibility for side yard setbacks with approval from staff. Alderman Felts seconded. This passed by majority vote with Mayor Knapper, Aldermen Alexander, Dugger, Felts for, and Alderman Curtsinger against.

Alderman Curtsinger asked what Mr. Yazdian is willing to do with the impact that will be coming with this development. Mr. Yazdian stated that he had given an easement to Williamson County Board of Education for sewer. Mr. Yazdian stated that a donation was made to the Nolensville Volunteer Fire Department and he has agreed to financially assist with the water grant. Alderman Curtsinger asked for the specific dollar amounts of these contributions. Mr. Yazdian stated that the easement would be approximately $10,000 and his wife sent a check to the Fire Department last month in the amount of $1,000. Alderman Curtsinger asked what he would be willing to do for the town for the impact. Counsel Notestine stated that you couldn’t condition an approval for a financial contribution to a nonprofit organization.

Alderman Curtsinger made a motion for this development to construct a three-lane on Sunset Road. This motion died for a lack of second. Mayor Knapper stated that stipulations could be made at a later time. He stated that this could be captured at the PUD level.

There was extensive discussion of payment for road impact and improvements. Alderman Dugger made a motion for $30,000 to be paid for road improvement by the developer. Mr. Anderson stated that he did not have a problem paying this as long as this has been imposed on other developments. Counsel stated that his concern is the town has not implemented an ordinance to impose this fee and we are bordering on this being a tax. Alderman Dugger withdrew his motion.

Alderman Curtsinger made a motion to table this until a workshop could be scheduled to further discuss. This died for a lack of second. Alderman Dugger made a motion, condition #7 prior to approval of phase II an independent traffic study be performed by consultants selected by the town at the developers expense.

Alderman Alexander seconded this motion. This passed by majority vote with Mayor Knapper, Aldermen Alexander, Dugger, Felts for, and Alderman Curtsinger against. The vote was then taken on the motion to approve this ordinance as amended, and passed by majority vote, Mayor Knapper, Aldermen Alexander, Dugger, and Felts for, and Alderman Curtsinger against.

Second reading 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. Mayor Knapper stated that this ordinance has been withdrawn. First reading of Ordinance #06-01, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with Commercial Corridor Overlay (CCO) and Office Industrial (OI). Town Planner, Mr. Laird, noted that this property is known as the Haley property on Nolensville Road. Alderman Felts made a motion to approve this ordinance, Mayor Knapper seconded and this was approved unanimously.

First reading of Ordinance #06-02, an ordinance to amend the zoning map of Nolensville, Tennessee to rezone property currently Urban Residential (UR) to Commercial Services (CS). Engineer Woodroof demonstrated the location of the property on a map. Mr. Laird said that Trace Development has proposed this with Ragan Smith and Associates. He noted that the Land Use Plan has been reviewed and this development complies with the plan. He illustrated a “sketch plan” to the audience. Mayor Knapper asked for a size. Mr. Laird stated that this has not been determined. Alderman Felts asked if the Commercial Overlay would be applied. Engineer Woodroof stated that it would not. Alderman Felts made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.

First reading of Ordinance #06-03, an ordinance to amend fees relating to the fee schedules which were adopted previously in ordinance #97-18 and amended by ordinance #99-18. Counsel stated that this ordinance is merely a housekeeping ordinance presented by Alderman Dugger. Alderman Dugger stated that this ordinance lines the town up with other municipalities in regards to fees. Alderman Dugger made a motion to approve this ordinance, Alderman Felts seconded and this passed unanimously.

Reading of Resolution #06-01, a resolution calling for a special census. Counsel Notestine stated that this gives authorization to the Mayor and staff to perform the census. The town obtains funding for the number of citizens that reside within Nolensville and with the recent annexation this could impact the revenue drastically. Mayor Knapper noted that the town is prepared to proceed with the mailing tomorrow. Mayor Knapper made a motion to pass this resolution, Alderman Alexander seconded and this passed unanimously.

Reading of Resolution #06-02, a resolution to change the spelling and name a road within the town limits. After extensive discussion on the naming of the road Alderman Dugger made a motion to table this until further review, Alderman Alexander seconded. Alderman Dugger withdrew his motion. Alderman Curtsinger made a motion to amend the name of the road to “Old Clovercroft Road”, Alderman Alexander seconded and this passed unanimously. Alderman Felts made a motion to approve this resolution as amended, Alderman Dugger seconded and this passed unanimously. Other: Alderman Felts stated that he would like to meet for the Code of Ethics review prior to March.

Alderman Dugger stated that he had received a couple of phone calls in regards to the signs on Nolensville Road that state “Joe Rossi Memorial Parkway”. He asked for clarification that this is merely an overlay and does not change the entire naming of the road. Alderman Felts agreed. There was discussion that the signs should reflect this.

Alderman Curtsinger asked for clarification on road coring and miscalculations at Bent Creek. Engineer Woodroof stated that this was a slow time and they had sent a new person out to perform this work. Alderman Curtsinger asked if this was a professional company.

Engineer Woodroof stated that it was a well-known company and they will be sending engineer letters to clarify this situation.

Mayor Knapper adjourned the meeting at 10:06 p.m.

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