2007

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: December 6, 2007, Time 7:00 p.m.
Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:04 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz, Consultant Bobby Garland, and Recorder Cindy Lancaster. There were 21 citizens present.

Pastor Jay Watson with Life Community Church delivered the prayer, and led the Pledge.

Citizens Input:
There was no citizen input.

Alderman Dugger made a motion to approve the minutes from November 1, 2007 meeting. Mayor Lothers made a motion to amend the minutes on page 10. She stated that the minutes reflect that she apologized for something that she said. She noted that this is incorrect. She stated that it should reflect she expressed disappointment. Alderman Thomas seconded this amendment. The Mayor noted that a citizen handed out a document which appeared to represent property that was discussed that night, when in fact it was property outside the town limits. She had expressed disappointment and had not apologized for this incident. The vote was taken and the minutes were approved unanimously as amended.

Mayor Lothers made a motion to approve the Beer Board minutes of November 1, 2007, Alderman Dugger seconded, and these were approved unanimously.

Alderman Dugger made a motion to approve the minutes of the Special Meeting of November 9, 2007, Alderman Thomas seconded, and these minutes were approved unanimously.

Mayor Lothers made a motion to approve the September Treasurers report, Alderman Dugger seconded. Alderman Curtsinger asked for a reminder as to why this report was distributed late. Mayor Lothers noted that there was a computer glitch and entries had posted twice. This was not discovered until the last minute and staff wanted to give the board an accurate report. This report was approved unanimously.

Alderman Dugger made a motion to approve the October Treasurer’s report, Mayor Lothers seconded. This report was approved unanimously.

COMMITTEE REPORTS:

Chair Rick Owens reported for the Planning Commission.
•Public hearing was held for Sub-division Regulation amendments
•25 lots were approved for Britain Downs
•Bond report was deferred due to corrections needing to be made

Mr. Bob Crigger reported for the Historic Commission.
•Met on November 29
•Certificate of Appropriateness was issued to 7286 Nolensville Road for a sign

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
•One unit has been in repair shop for two months, but is now out
•One member has completed EMS Training, another member is in the class
•One member is currently in paramedic training
•Please keep Brad Bonanza in prayers while he is in the hospital

Planner Henry Laird reported for the Planning Department.
•Several site plans are being reviewed
•Zoning ordinance amendments are being considered

Engineer Don Swartz reported for the Engineering Department.
•Striping of roads is being reviewed
•Roadway repair is being reviewed
•Reviewing a parking situation on Cowan Drive
•Speed limit changes are being reviewed in the Historic area

Police Chief Paul Rigsby reported for the Police Department.
•Noted there was no written report

Mr. Bob Hayes reported for the Public Works Department.
•Continuing trash pick up
•Painting stop sign poles
•Christmas tree has been decorated
•Minor police car repairs have been made

Alderman Curtsinger inquired to the number of cars in the Police Department. Mr. Hayes stated there were currently seven vehicles in that Department.

There was no report for the Town Events Committee

Mayor Lothers thanked this Committee for all their hard work with the Veteran’s Day celebration. She noted that it was a well-deserved honor for the veterans.

Mayor’s Report:
a.Capital Improvement Plan, Budget Committee

Alderman Dugger, Budget Committee member, stated that he would discuss this during the resolution on the agenda.

b.Appointments

Mayor Lothers moved for approval for the Appointees for the Board of Appeals, Alderman Dugger seconded. Mayor Lothers stated that she had distributed the names of these individuals to the board, in addition to background information. Alderman Curtsinger asked if she had determined the term limits. Mayor Lothers stated that she feels that it will be a three-year term. Alderman Curtsinger stated that he had spoken to Mr. Jimmy Reeves, a nominee, and he was uncertain of the term. Mr. Reeves, in the audience, stated that he did not recall that conversation. Counsel Notestine stated that it is specified within the International Building Code. Mayor Lothers stated that she had met with the appointees and the appointees had met with the Building Official, but he was not in attendance for clarification. The vote was taken and these members were approved unanimously.
Mayor Lothers noted that due to health issues Debbie Riddle resigned from the Planning Commission. She noted that Mr. Douglas Radley, recently retired from Core of Engineers, and has lived in Nolensville 23 years will be filling this vacancy. She noted that he has worked for TEMA and worked on flood issues. She noted that he has a Bachelors Degree in Political Science, with a Masters Degree from MTSU in Planning. She noted that he served in the Air Force and in the Tennessee National Guard.

c.Waller Road

Mayor Lothers noted that she received an email from Mr. Kirk Bednar, Assistant City Manager of Brentwood and he delivered good news. She noted that the total cost of Waller Road is anticipated to be $420,000. The Town has already paid $190,000, the Town would owe approximately $20,000 to the City of Brentwood at the final paving. She stated that if there are any other minor repairs, this amount may increase slightly.

d.Rocky Fork Road Realignment

Mr. Don Swartz noted that the town is currently in the process of signing the second change order on the changes that were discussed at the last meeting. He noted that with the second change order request it would result in an increase cost of $62,180.20.
Mr. Bobby Garland stated that predominant work remaining is on the roadway. He stated that the bridge is almost complete with painting remaining. He stated that the contractor would be working tomorrow and Saturday to dodge anticipated rain. He noted that the fill material is coming from the Lenox Development, which is on Nolensville Road. He noted that on the west end of Rocky Fork Road, which is the Nolensville Road end, the base and binder is down. He did state that there are some problems with the binder, which is being addressed. Mr. Garland stated that in regards to progress at this time of year it all depends upon the weather.
Mr. Swartz added that currently there is asphalt being removed and it is being done by the contractor with the cost at his expense. He noted that this was their error and they will correct this. Mr. Swartz advised the board that some of the core samples failed on the bridgework. He stated that the bridge Design Engineers have reviewed the concrete strength and stated that it is structurally sound.

Mr. Swartz stated that he believed that Mountain States was willing to take a penalty. Alderman Curtsinger asked if Mountain States was in agreement. Mr. Garland added that the contract states that if it does not meet certain standards they have the option to redo or have the assessment charged. He noted that they have agreed to the assessment charge between $20,000 and $30,000.
Alderman Curtsinger requested clarification as to who was responsible for the design error.
Mr. Garland stated that this would be a legal issue. Mr. Garland noted that in his mind of the total $63,000, he felt the town did not suffer that total amount. Counsel Notestine stated that you couldn’t talk liability until the project is complete.
Alderman Curtsinger inquired about the right-of-way. He asked if this had been resolved. Mr. Swartz noted that the town has all the documents and in concept, everyone is in agreement. Mayor Lothers noted that one party has signed the documents and only one more party needs to sign. Mayor Lothers then thanked everyone for their hard work on the road.

e. Other

Mayor Lothers stated that the town has received the Safe Walks to School grant for $250,000. The town must be careful that the grant is managed properly. Mr. Don Swartz and Mayor Lothers recently attended a six-hour grant seminar. She noted that there would be a meeting with the Nolensville Elementary School Principal and the PE Teacher this week. She stated that there would be a new funding workshop this Thursday. She noted that she and another individual would be attending this workshop. Mayor Lothers noted that if any board member would like to attend please let her know.

Mayor Lothers noted that a memo was distributed from Engineer Don Swartz in regards to the speed limit within the Historic District.
Mr. Swartz addressed the Board noting that after review of the road and the review of the MUTCD (traffic manual), he composed the memo. He noted that most motorist will drive what they feel is comfortable. He noted that accident history could not be relied upon within this area. He noted that he was not making a suggestion to the Board to reduce or not to reduce the speed limit, although he was presenting this information. Mr. Swartz stated that if the board decides to reduce the speed, he would suggest that they do so to the creek.

Alderman Curtsinger stated that he did not know if it would make a statistical difference within the area that is suggested. He noted that by his house there are more accidents due to speed limit and it is documented. Alderman Curtsinger stated that he believes the speed limit is 40 and turns to 55 over the hill and in that location there are many near misses. Mr. Swartz stated that location could be reviewed.

Chief Rigsby stated that in regards to accident history, there is not many. He noted that compared to traffic volume to the number of accidents it is not bad. He noted that it was his theory that people tend to go 5 to 10 miles over the posted limit. He noted that the behavior pattern of motorist is if it is 35 they will do 40 to 45. Mayor Lothers said that she would like to discuss it with more people in that area. She stated that her concern was people wanting to shop in the downtown area. She said that to cross the road it gets dangerous for pedestrians. Alderman Thomas said that he feels it should be reviewed. He noted that if 25 miles an hour would slow the traffic down and provide safety, it would be worth looking into.

Alderman Dugger stated that his concern was vehicles passing on the right side of the road.
Alderman Alexander stated that he drove Nolensville Road at both speed limits, the current speed limit and the suggested limit. He stated that he feels this needs to be reviewed. Alderman Thomas stated that this could go on the Historic Commission January agenda for their input.

Mayor Lothers stated that she has had a request to form a Trees and Trails Committee. The town has never received a grant from TDOT and she has spoken to Mr. Nicely. She stated that if she had a Committee to review and pursue grants, it would be beneficial to the town.

Mayor Lothers stated that she had asked Mr. Ali Farhanghi with TDOT to review Nolensville Road and Sunset Road for signalization. She was recently contacted by one of his staff members who said that we do not meet the criteria for signalization. However, they said we did meet the criteria for a turn lane off of Nolensville Road. TDOT is pursuing special funding for this request.
Public hearing of Ordinance 07-22, an ordinance to amend the Zoning Ordinance 04-09, in regards to the National Flood Insurance Program opened at 7:47. There was not comment. The public hearing closed at 7:47.

Second Reading of Ordinance 07-19, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) known as the Camron Property. Alderman Dugger made motion to approve this ordinance; Alderman Thomas seconded this passed unanimously.

First reading of Ordinance 07-23, an ordinance to amend Title 11, Chapter 5, of the Municipal Code in regards to Firearms. Mayor Lothers asked Planner Henry Laird to show a map of the area that is being considered in this ordinance. She noted that she has received some good comments from a Planning Commission member, who she will call on after Mr. Laird. Mr. Laird showed the board a map that illustrated the varying lot dimensions.

Mayor Lothers then asked for Mr. Frank Wilson to address the board. Mr. Wilson, from 7435 Nolensville Road, noted that he went over the ordinance. He stated that in Section 2 A, it pertains to public property. He noted that currently there are supervised shoots on private property. The only public property within Nolensville is the school grounds and ball park, which belong to Williamson County. He stated that the county does not allow shooting on their property. He added that he was at National Fire on Johnson Industrial Boulevard and there was a bullet shown to him where someone had shot at the building. He stated that he would advise the board to move forward and adopt this ordinance, although between readings address these issues and revise. Mayor Lothers thanked Mr. Wilson for his input.

Counsel Notestine noted that state law does allow you to adopt ordinances for public safety.
Mr. Mark Fielder, 7325 Nolensville Road, stated that if tax maps were reviewed you would see that there are various property owners that have ten acres, although it is not over 400 foot wide. He stated that it is legal to deer hunt through the TWRA from 100 feet from a road. This ordinance does not allow either of these. He ask the board to review this further.

Mayor Lothers said that she agreed with Mr. Wilson that it was important to get something started tonight and the board can continue to address these issues before final reading.

Alderman Dugger asked what would be the penalty to the violator of this ordinance. Chief Rigsby stated that $50.00 is the most that can be imposed through the “city” court. He noted that this is not a possession law, although a discharge law.
Alderman Thomas stated that the board should review the issue of footage. He said that maybe other ordinances could be reviewed in addition to TWRA laws. He asked if there had been complaints in certain locations. Mayor Lothers said that complaints had been received from residents in Ballenger Farms and McFarlin Woods.

Alderman Curtsinger asked if it wouldn’t it be better to address the irrational use versus implementing an ordinance. He asked if the people who are discharging the firearm shot at people. He inquired if there had been any damage done by the firearms. Mayor Lothers stated that it had been reported that pets had been shot at. She noted that when questioned, they stated they had been shooting at a target.

Alderman Thomas stated that when he grew-up, as a hunter, shooting in a neighborhood was against the law. He stated that he felt the subdivision needs this ordinance.

Alderman Alexander stated that he feels this ordinance needs to be “tweaked”. He stated that it is his opinion that a firearm being shot in the subdivision is not acceptable.

Alderman Dugger stated that he agreed with Mr. Fielder. He stated that he felt there are a lot of small tracts of land that are thin and deep. He noted that if small lots and subdivisions are the issue why can’t these areas be addressed. He asked where the line was drawn. He added that he felt the ordinance should stick with subdivisions only.

Mayor Lothers stated that she has had a few people within the Historic area that have said they are glad this is being implemented. She stated that they have small tracts of land and have had neighbors shooting near their property line.

Alderman Dugger stated that he feels the board needs to pass something that is easily enforced without any gray area. Alderman Thomas stated that he feels that some changes to footage requirements can be made, although he would like to see that this move forward now and come back with changes.

Alderman Curtsinger stated that the definition of a weapon should be reviewed. He noted that a bow, paint ball gun, or pellet guns, could all be considered as weapons.

Mr. Willis Wells, 7150 Nolensville Road, stated that he felt that something should be passed so that citizens could have input at the public hearing. It was noted that this ordinance does not require a public hearing. Mr. Wells said his point is public reaction.
Alderman Dugger noted that he has concerns with the Lions Club. He added that the way this is written, they would not be allowed to hold this event. Mayor Lothers stated that in addition to changes to accommodate these events, the board should review changing the footage to 100 feet.

Alderman Dugger made a motion to approve this ordinance and amend to add to Section B, “With a special written permit at the discretion of the Chief of Police who may authorize special events.” Counsel Notestine suggested that the second sentence in Section A be added to B. Alderman Dugger added to his motion, in Section B, amend five acres to two, in addition, change every 400 feet to 100 feet.

Alderman Curtsinger asked if the landowner or the actual violator would be penalized.

Alderman Alexander stated that he thought two acres was small. He stated that he would prefer it be four acres.

Alderman Curtsinger again asked who would be fined. Alderman Dugger stated that if someone shoots a gun on his property and injures someone they would be the one held accountable. Counsel Notestine stated that per this ordinance, both would be fined.

Alderman Curtsinger asked with the current complaints why isn’t someone being held responsible.

Chief Rigsby stated that the law of “reckless endangerment” would be referred in this situation. He noted that the definition is to intentionally cause serious bodily injury.

Alderman Curtsinger expressed his opinion that currently there is a reckless endangerment ordinance in place and the board should not have to pass this ordinance. He added that no one could prove who fired the bullet into Fred’s (National Fire). He stated that it could have been fired from Brentwood.

Alderman Thomas stated that he understood what was being said, but if this ordinance helps create better safety, than this board should move forward with this ordinance.

Mayor Lothers seconded Alderman Duggers amendment. The vote was then taken with Mayor Lothers, Aldermen Alexander, Dugger, and Thomas for, Alderman Curtsinger against.

First reading of ordinance #07-24, an ordinance to amend Title 12, Chapter 1, of the Municipal Code in regards to Fees in regards to plans review. Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded.

Alderman Dugger stated that Building Official Michael Blanks stated that currently the Town does not have anything in place to cap the cost of reviewing plans. This ordinance will allow the town to recoup its cost of this process, although not allow over-charging for this service. He noted that the cap would be $5,000.

Alderman Curtsinger asked what the cut off of this fee was currently. Planner Laird stated that currently the cost of the review is one-half of the building permit fee. Alderman Curtsinger asked what was the fee for someone to pay $5,000. Planner Laird stated that he could not answer that question. Although added that it could potentially cost someone $30,000 for a plans review, if their building permit was $60,000. Mr. Laird noted that this was not in line with the actual cost. Alderman Dugger noted that Mr. Blanks had spoken to the contractor that performs the plans review for the town and this is the most that would be charged for this service.

Alderman Dugger stated that the board could pass this on first reading and have Mr. Blanks answer the board’s questions. He encouraged Alderman Curtsinger to contact Mr. Blanks and he would be happy to answer any questions.

The vote was taken and this was passed unanimously.

First reading of ordinance #07-25, an ordinance to amend Title 7, Chapter 3, of the Municipal Code in regards to the sprinkler ordinance. Alderman Dugger made a motion to approve this ordinance, Mayor Lothers seconded.

Alderman Dugger noted that this was over looked in the passage of the original sprinkler ordinance. He noted that the new ordinance states that all commercial buildings be sprinkled. He noted that currently it states only buildings over 2,500 square feet.

Alderman Dugger stated that there have been plans submitted for 2,499 square feet and the sprinkler ordinance does not apply to these structures. He noted that the sprinkler ordinance was intended for everyone. He noted that it was his understanding Chief Hughes agreed with this ordinance. Fire Chief Hughes stated that he agreed with this ordinance. The vote was taken and this passed unanimously.

Reading of resolution 07-13 a resolution to adopt a revised Capital Improvements Program. Mayor Lothers made a motion to approve this resolution, Alderman Dugger seconded.

Mayor Lothers thanked the Budget Committee for their hard work. She noted that members David Rowland, Carla Ediger, and Alderman Tommy Dugger are on this Committee. Alderman Dugger stated that the board should have received a memo that was written by Ms. Ediger that explains this document. He noted that this is a conservative plan.

Alderman Alexander stated that in the memo several questions were raised. He asked if these questions had been answered.

Mayor Lothers clarified that there would be a reduction in the cost of Waller Road within the final payment as reported earlier. The turn lane in front of Sunset School was approved and is within Williamson County School’s budget. Committee member, Ms. Ediger, stated that Mr. Ralph Cross with MTAS had suggested that the board look at the capital improvements plan in several months. She stated that you might want to determine an exact time frame, such as this will be reviewed in four months.

Mayor Lothers asked staff to clarify to the board the distinction between a plan and a budget for their understanding. Counsel Notestine noted that the town currently has a plan, although it is not in this detail. He said this is merely a guide for the town. He stated a budget is adopted by an ordinance and becomes law.

Alderman Thomas stated that he had one question on the third to last page. He stated that he realizes this is just a guide although it states funding for town hall. He inquired if this was the old elementary school, in addition to the recreation center. It was noted that he was correct.

Mayor Lothers noted that things continuously change and this committee worked very hard on this plan considering changes throughout the creation of this plan.

Alderman Curtsinger noted that the capital improvements plan is a wish list and most of this document deals with the General Fund. He stated that he felt there were much more needs for the town. He added that as MTAS has said this should be suggested through the Planning Commission. He noted that there are the top six projects and there may be a lot more that the Facility Tax covers.

Mayor Lothers stated that Facilities Tax and Impact Fees are dictated by law as to how these funds can be spent. Impact fees can be utilized for infrastructure only as outlined within the plan. Mayor Lothers additionally clarified that in an MTAS session she was advised that the Planning Commission reviews the individual projects just like the Planning Commission had an opportunity to review the Rocky Fork Road realignment. Ms. Ediger noted that this is a plan and this Committee worked directly with MTAS in formulating this document.

Alderman Alexander stated that every Capital Improvements Plan that he has viewed only sets its priorities and it appears that is what this document is doing.

Ms. Ediger stated that if the board has anything they would like to add, Mr. Cross would not mind dropping that into the module.
Alderman Dugger stated that he would encourage the board to get involved in the budget process. He stated that it certainly opens your eyes to some of the numbers.

The vote was then taken and this passed unanimously.

Reading of resolution 07-14, a resolution to enter into an interlocal agreement with Williamson County. Alderman Alexander made a motion to approve this resolution, Alderman Dugger seconded. Mayor Lothers noted that this is a resolution that was given to the Town Recorder by the County. Recorder Lancaster noted that this document allows the County and Town to share information in regards to mapping. She noted that the town needs the County Mapping Department. The vote was taken and this was approved unanimously.

The meeting adjourned at 8:51 p.m. by acclamation.

Respectfully submitted, Approved,
Cindy Lancaster                 Beth Lothers
Town Recorder                   Mayor

Town of Nolensville

Board of Mayor and Aldermen Meeting

Date: November 9, 2007, Time 12:15 p.m.

Nolensville Elementary School

 

Mayor Beth Lothers opened the meeting at 12:19 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz and Recorder Cindy Lancaster. There was 1 citizen present.

 

Mayor Lothers noted that staff had requested cost breakdowns of possible corrections to the grade error on the Rocky Fork Realignment plans prior to the last Board meeting. This was not accomplished although an approximation was received on Friday the next day. She requested a written cost proposal by today so the BOMA could review it; however, the contractor had still not secured the fill material to verify the cost.

 

Mayor Lothers noted that a $34,000 figure was mentioned previously, but it appears that the fill material costs may be significantly higher. She noted that at the completion of the road the Town may be able to recoup some of the money from the parties where the error originated.

 

Mr. Don Swartz, Town Engineer addressed the Board noting that when the survey was prepared it was three feet off. He noted that information supported they thought the site was three feet higher.

 

Mr. Swartz addressed the possible options. He noted that the road could be redesigned but that there would be drainage and utility issues and he recommended against that option.

 

Mr. Swartz stated that the Town requested that Clifton King submit another solution. Mr. King introduced some vertical curves, but staff opted not to implement it due to various concerns. Therefore a new solution has been proposed.

 

Mr. Swartz stated that the solution would require three feet of fill material and they have already placed their sub base. The first time the Town spoke to our engineering consultant, he felt this cost would be $34,000-$38,000. Mr. Swartz stated that they have now said the increase could cost the town from $106,000 - $108,000, depending on where they could purchase the fill. The cost is reduced if the fill is found locally. This most recent information was received from Florence and Hutcheson this afternoon.

 

Mr. Swartz stated that the other issue is a drainage pipe under Nolensville Road just east of Clovercroft Road and this drainage was not accounted for in the redesign. Currently, staff is looking at ways to keep the drainage solution inside the right of way.

 

Mr. Swartz stated that a solution would be to install a junction box to bring it down 200-280’ so that it could be in the right of way. He noted that the cost estimate for this would

be $17,000-$18,000. Mr. Swartz stated that if the Town chooses not to do it this way, the town might have to look at purchasing more land from Mr. Shuff. He stated that if it were constructed with the recommended pipe method, it would be a little more flat which would be more appropriate.

 

Mayor Lothers stated that with the initial change order, the town was approximately $18,000 ahead of budget. She noted that the Board can give approval up to a certain amount, or may choose to reconvene once the actual breakdown is received.

 

 Alderman Curtsinger said that Mr. Swartz discussed drainage pipes and wanted clarification if it came from Wilson’s property or if it was the cemetery.

 

Mr. Swartz stated that the drainage was from both properties. The water begins in the ditch adjacent to Mr. Wilson’s property and is piped under Clovercroft Road onto the cemetery property. From there it is piped under Nolensville Road onto the east side. Mr. Swartz stated that it was his understanding that Mr. Wilson had been in conversations with Stantec Engineering in an attempt to resolve an issue with his property. He noted that there are complications on that road that are not associated with Rocky Fork Realignment. Engineer Swartz stated that they would connect a junction box. It is not a normal drainage pipe. He stated that normally it is about 18”, however, the Town is going to increase this to 24.”

 

Alderman Curtsinger asked if the Town needed approval from TDOT. Mr. Swartz concurred. Alderman Curtsinger asked if there was anything further the Town needed to do. Mr. Swartz stated that the 24” pipe should be sufficient.

 

Alderman Thomas stated that he would be in favor of setting an amount for the Mayor so that the town could move forward with the project. Alderman Alexander stated that he would rather wait and have another meeting.

 

Alderman Curtsinger noted that he would like to readdress the grading issue. He inquired as to who submitted the plans. Mr. Swartz stated that Clifton King had submitted the plans. Alderman Curtsinger asked if the cost would go back to his firm. Mr. Swartz noted that the responsibility would fall on the design engineer, Clifton King. Alderman Alexander noted that the Town has legal options.

 

Counsel Notestine noted that there would be some discussions regarding legal responsibility. He noted that the best way to handle this is to wait until completion of the project in case other issues arise during the process.

 

Alderman Curtsinger inquired about the pricing. Mr. Swartz stated that the Town could request a lump sum or unit price. Alderman Curtsinger asked how many dollars is the Town prepared to give for example per barrel. He stated that he feels the Town would be hung out there if that price were not obtained. Mr. Swartz stated that he could not speak for the contractor, but he would assume they would charge the Town what they are charged.

 

Alderman Curtsinger asked if the contractor gets an automatic extension. Mr. Swartz stated that clearly this has been beyond the contractor’s control, and would assume he would be allowed reasonable time.

 

Mayor Lothers noted that the contractor stated that he has been looking for local fill. He initially had not anticipated additional fill. The cost will depend on how far they have to haul the fill and if they have to rely on more expensive rock fill from Murfreesboro. Counsel Notestine noted that if the Town feels like someone is not being fair in regards to price, it could be re-bid. Alderman Curtsinger asked if the contractor gets an automatic extension. Alderman Dugger stated that he felt it depends on how fast this Board moves. He said that if this Board doesn’t give the Mayor the authority to act, then the Town is slowing the process.

 

Alderman Thomas stated that he felt it would be good to give that authority to the Mayor to keep the project moving. Alderman Alexander stated that with this consideration he is retracting his former statement. He stated that he understands Alderman Dugger and Thomas’ logic.

 

Alderman Dugger noted that the Town doesn’t know what the price per barrel was initially. Mr. Swartz stated that the initial fill was used from a related Jones company site at Catalina. Mr. Swartz stated that from the conversations that he has had with the contractor, they would like to get this finished and move along.

 

Alderman Curtsinger inquired about what fill costs have been made to date. Mayor Lothers said she would get this information to the Board.

 

Mr. Swartz added that there has been concrete testing on the bridge. Once this data is received, the Town will have an accurate number. He noted that payment would be held, until this data, along with several items of information are received.

 

Mayor Lothers noted that there are issues in regards to Mr. Moon and Mrs. Green’s property. She noted that the Town Attorney has sent a letter to Mr. Moon’s attorney. She noted that Clifton King’s plans show Mr. Moon is the property owner in most of the area, although a portion of the right of way dedicated to the town does not belong to Mr. Moon.

 

Alderman Curtsinger asked if the County is aware of this situation. Mayor Lothers stated that she has been in contact with Mr. Joe Horne, in addition to Mayor Anderson. She noted that there have been changes along the way as the purpose this road was for signalization. She noted that with the first plan TDOT reviewed she was advised that the plan was not sufficient. She noted that every request the Town has made from Clifton King, they have responded.

 

Alderman Dugger noted that the Town accepted the plans, but the right of way was falsely dedicated. Alderman Curtsinger asked who had done the survey. Mayor Lothers said that the original survey work was done by H & H for Clifton King. There were allegedly several surveyors involved with the project. All information presented to the Town indicated Moon as property owner. She noted that when the Town did its survey, it went to Kirk Duclos. He missed that Mr. Moon was not the property owner as possibly others had. She further added that she was not placing blame. Alderman Dugger stated that he did not feel she was placing blame, just stating facts. He noted that Mr. Moon did not own that right of way. Mayor Lothers stated that we might need our attorney and the County Attorney to meet and discuss this issue.

 

Alderman Dugger stated that if he did not have the right of way to give, he did not fulfill the County obligation and maybe they could stop issuing building permits on Silver Stream.

 

Mayor Lothers stated that they could say that the design issues should have been caught prior to the Town’s original acceptance of the plans and that this right of way was due to a redesign for signalization. She noted on every plan the Town has, it states that Mr. Moon is the property owner. She noted that the Town has acted in good faith on this issue.

 

Mayor Lothers stated that she wanted to update the Board that she had met with County Mayor Anderson and staff regarding the original roadway plans for no eastern access to the park. She pointed to a presentation that was prepared regarding the issue. It was agreed that eastern access is important. Mayor Lothers noted that contact was made with a property owner for a park entrance off Newsome Lane, but the owner wanted many times over what the property appraised for. Although it is not a first choice, another option is to use the existing asphalt without shutting down the new road. She then passed out a design for the Board to review.

 

Mr. Swartz noted that this is very rough conceptual sketch. He reminded the Board of the issue in regards to traffic on new Rocky Fork Road and Newsome Lane. Mr. Swartz stated that his concern was that it is poor engineering to have two intersections that close. He stated that for this to work vehicles would have to be prevented from accessing the park from the realigned road. With this plan you can turn right or left off of Newsome Lane. He noted that this would allow full access from the subdivision to the park and from the park to the subdivision. It would also allow those leaving the park who wanted to access the realigned road to do so. There would be adequate signage to let the traffic know the direction that they could and/or could not go.

 

There was extensive discussion on various variations to alleviate car stacking.

 

Alderman Alexander asked how the Board gets this initiated. He noted that the engineer must begin as soon as possible. Mr. Swartz suggested getting proposals in order to get estimates to the Town.

 

Alderman Alexander made a motion to allow Mr. Swartz to initiate the proposal process, Alderman Thomas seconded. Alderman Curtsinger asked that the Board see the engineer’s proposals and ideas.

 

The vote was taken and this was approved unanimously.

 

Mayor Lothers said that she wanted to thank everyone she had met with at the County and everyone involved in that process.

 

Mayor Lothers asked the Board if they wanted to come back and meet to give approval on the fill material cost. Alderman Thomas stated that with authorization I trust Mr. Swartz and the Mayor that they will make the best decision. He further stated that he had full confidence that they wouldn’t over spend.

 

Mayor Lothers asked Mr. Swartz, based upon his knowledge, what amount would he suggest to the Board as a realistic figure. Mr. Swartz stated that they have given him figures of $106,000 - $108,000. Mr. Swartz added that as part of the change order process, schedules could be discussed in addition to price. He stated that he did not know how to advise the Board and had hoped to have this information by today.

 

Mayor Lothers made a motion to authorize her to enter into an agreement up to $100,000, Alderman Thomas seconded.

 

Alderman Curtsinger stated that he could not understand why Florence and Hutcheson could not tell the Town a quantity yet. He said he was uncomfortable approving an increase, in addition to this issue of right of way.

 

Alderman Alexander stated that he agreed that it is not the ideal situation, but we need to keep it going. Alderman Dugger stated that he felt Don and the Mayor are going to work for the best of the Town. He asked that the information be passed along to the Board when the exact amount is discovered.

 

The vote was taken and this was approved unanimously. Alderman Curtsinger stated that he wanted to go on the record stating that he is not comfortable with this, although he voted in favor of it.

 

*

 

The meeting adjourned at 1:35 p.m. by acclamation.

 

Respectfully submitted,

 

 

Approved,

 

Cindy Lancaster Beth Lothers

Town Recorder Mayor

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: November 1, 2007, Time 7:00 p.m.
Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Consultants Bobby Garland and Tom Allen and Recorder Cindy Lancaster. There were 44 citizens present.

Prayer and pledge was led by Pastor Sandy Shawhan of the Nolensville United Methodist Church she ask that the Jeffries family remain in everyone’s prayers due to the recent loss of Mrs. Jeffries mother.

Citizens Input:
Mr. Larry felts, 999 Dortch Lane, stated that Ordinance 7-20 is of concern to him. He said when the Town was initiated they set up the zones and noted where the commercial was to be located. He stated that areas were set up north of Nolensville to be commercial overlays. He noted that Electronic Express, Bent Creek, the Post Office, and others wanted commercial. He noted that if this Board does away with that they have done away with everything the original Board initially set in place. He noted that if this Board passes this, it is the worst thing they could do for Nolensville and this Town. He stated that he was in Nolensville in 1983, when they said this area did not flood. He noted that it does flood. He ask the Board that they deny this request and make this a passive park and something Nolensville can be proud of in this Town.

Dr. James Clark, 921 Oldham Drive, stated that his point of concern was the flooding. He suggested that this Board not linger on questions, but realize it does flood. He stated that the land use plan is a guideline and is not etched in stone.

Mr. Roger Jenkins, 1692 Sunset Road, distributed a petition from citizens stating that they felt this building would affect their property in regards to flooding. He noted that if this Board had been here since he has, the Board wouldn’t let them build a house at that property let a lone a commercial building. He noted that he felt a couple of Aldermen should not vote. Mayor Lothers noted that she had a description of conflict of interest and did not feel these members feel in that category. Mr. Jenkins stated that they work for the applicant and gave the Mayor a document that indicated Alderman Dugger as a Real Estate Agent for the applicant.

Alderman Dugger stated that this listing had expired.

Ms. Lynda Moses, Rocky Springs Road, stated that Nolensville has been on the National News in regards to flooding. She stated that Williamson County Schools have been let out before due to flooding. She ask the Board before they allow any more development, to please clean up the damage of what the current developers have done. She stated that developing the Brittain property would only do more damage. She stated that Mill Creek behind that area always floods. She stated that citizens could give this Board more information for free than TDEC, the Core of Engineers or any one. She stated that August 6 should have been a wake up call.

Mr. Larry Gardner, 2536 York Road, stated that the people who have been here for years know this property tends to flood. Government should be based upon what is best for the entire community not for just a few people. He stated that if this is zoned commercial anything could go in there and then you will not be able to do anything with this property. He ask the Board not to zone this property commercial. He noted that the Town currently has vacant property right now.

Mayor Lothers made a clarification noting that tonight this Board is hearing an application. She stated that everyone has a right to bring forth an application.

Alderman Dugger made a motion to approve regular meeting minutes of October 4, 2007, Alderman Alexander seconded, and this was proved unanimously.

The treasurer’s report for September was distributed to the Board. The Mayor noted that after review, due to computer posting issues she asked that this report be deferred until next month. The Board unanimously agreed to defer this report. Alderman Curtsinger stated that he had not received the Treasurer’s report for the past several months. Mayor Lothers asked other Board members if they had received this report. The other Board members had gotten the treasurer’s report. Mayor Lothers stated that if an Alderman does not receive an item in their packet that they get every month please contact the Town Recorder as soon as possible.

COMMITTEE REPORTS:
Chair Rick Owens reported for the Planning Commission.
•The Governors Commons office was reviewed
•Recommendation to amend the sub-division regulations was approved
•Critical lot issues were discussed

Mayor Lothers asked that the Planning Commission minutes be given to Board each month.

There was no report for the Historic Commission.

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
•Reminded the audience to change batteries in their fire detectors
•Noted that a pump truck has been out of service

Henry Laird reported for the Planning Department.
•Meeting with new Project Developers frequently
•Amendments are being reviewed for zoning ordinance
•Received new sketch plan to be submitted in the near futures

Consultant with Florence and Hutcheson, Mr. Bobby Garland, updated the Board on the progress of Rocky Fork Road. He noted that the bridge over Mill Creek is almost complete. He noted that as of October 31, based on the cost, Mountain States has received 69% of the contract. He noted that there is an existing culver in Nolensville Road and some possible revisions may need to be addressed.

Police Chief Paul Rigsby reported for the Police Department.
•Written statistics were distributed
•Noted Halloween was quiet
•$5,000 grant was awarded and the department hopes to purchase a radar trailer
•Reminded everyone of Veteran’s Day Parade

Mayor Lothers commended Chief Rigsby for the grant money that has been received.

Mr. Bob Hayes reported for the Public Works Department.
•Noted banners and signs have been damaged due to wind
•Continue to pick up trash and this appears to be an ongoing problem
•Installed “Reduced Speed Ahead” signs
•Banners will be changed for the Veteran’s Day celebration

Mayor Lothers thanked this department for their hard work.

Alderman Ken Thomas reported for the Town Events Committee
•Veterans Day Parade will be held November 10th
•Ninety-two Veterans have submitted information to date
•Ravenwood High School Band will perform
•Luncheon will be held at noon at Jenkins Cumberland Church provided by Martin’s Bar-B-Que
•Everyone was encouraged to attend

Mayor Lothers presented Mrs. Raylene King a proclamation that was read to the audience.
Ms. King thanked the Board for their continued support. She noted that they have raised $11,000 for Breast Cancer. She invited everyone to attend the fundraiser that will be held on November 17th.

Pastor Sandy Shawhan read the proclamation to the audience. She thanked the citizens for their continued support.

Mayor Lothers noted that the Town was awarded a Safe Routes To School Grant. She thanked Kevin Fortney and Karen Desselle of Williamson County Schools for their contribution to the Grant. She commended the Town Planner Henry Laird, Mr. Bob Haines, the Principal of Nolensville Elementary School, Ms. Ferguson, the teachers and various others for all their hard work. Mayor Lothers demonstrated various aspects of the grant submission through a power point presentation.

Mayor Lothers noted that she had met with MTAS Consultant Ron Darden and one of his initial recommendations is on the agenda tonight. He stated that this process, with a final good document, could be time consuming and take many months.

The budget committee will be meeting again this month. It is anticipated that a program will be on the agenda next month.

Mayor Lothers noted that appointments must be made for the recently formed Construction Board of Appeals. The Mayor read a portion of the document noting the requirements of this Board. Mayor Lothers made a motion to approve the following nominations for this Board:

John Maynard Mike Cooper Jimmy Reese and Scott Walters

Alderman Thomas seconded the motion. Alderman Curtsinger asked if the Town had resumes on file for any of the nominations.

Alderman Dugger asked how long they would hold the position. Mr. Michael Blanks, Building Official, stated that it is his understanding these positions will rotate.

Mayor Lothers stated that if the Board was not comfortable this could be deferred. Alderman Dugger stated that phone numbers could be obtained so that the Board could contact the members to ask questions. Alderman Dugger stated that he did not feel a resume was necessarily needed. Mayor Lothers withdrew her motion, Alderman Thomas withdrew his second. She stated that more information would be given to the Board on these individuals.

g.Other
Bond release request for Phase 1, Section 1, Bent Creek, Letter of Credit for $50,469.40

Town Planner Henry Laird stated that Cates and Kottas Development had submitted a letter requesting to release the maintenance bond on this phase and to formally dedicate this to the Board.

Alderman Curtsinger stated that Phase 1 is tied to Clovercroft road that has never been accepted. He inquired to how this process worked.

Mr. McNeely stated that each individual plat has its on bond associated with it. He stated that he did not think Clovercroft Road is associated with this maintenance bond. Alderman Alexander asked if this was an acceptance if approved. Mr. McNeely stated no. He added that he had met the requirements that the Town had requested. He noted that his company is following the procedures that are required by the Town. Alderman Curtsinger stated that the Clovercroft obligation has never been fulfilled and it was his feeling that this should not be reduced.

Counsel Notestine noted that the Town has never accepted Clovercroft Road and it was his understanding that the Town still has a bond on Clovercroft Road. Alderman Curtsinger noted that the Town has a performance bond and the Town has never accepted this road. Counsel Notestine stated that he believes the Town has kept a performance bond on this road.

Alderman Dugger stated that he remembered the stipulation that the road must be operational before building permits were issued in Phase Two. He stated that there is a performance bond on Clovercroft Road and if they do not perform that bond can be called. Mr. McNeely stated that this road is a separate bond and this is a part of the Town’s bonding process.

Mayor Lothers made a motion to approve the release of this bond, Alderman Dugger second this motion. Alderman Dugger noted that this is a separate bond and a separate issue.

Alderman Thomas asked if the new Clovercroft Road is related to this at all. Planner Laird stated that he had looked into this. He noted that Engineer Don Swartz has been handling this issue. Alderman Curtsinger stated that this would drop leverage when signalization is discussed.

Mayor Lothers stated that she is not seeing the connection between the roads. Alderman Curtsinger referred to conditions that were placed on this development upon approval.

Alderman Alexander stated that he understands Alderman Curtsinger's point in regards to the approval and the condition that addresses this. He stated that he remembered a condition that referred to Clovercroft Road.
Mr. McNeely stated that his company is trying to get released from this bond. He further stated that he feels Clovercroft Road is a totally different issue. He further stated that the Town does not have anything in writing attaching this bond to Clovercroft Road.

There was extensive discussion on this issue.

Mayor Lothers asked the Town Planner if he knew the conditions set out by the Board for approval of the Bent Creek PUD. Planner Laird said that he remembered there were conditions, although he wasn’t sure exactly what these conditions were.
Counsel Notestine stated that the Town Engineer Don Swartz has recommended this be released and it is hoped that he researched this prior to his recommendation. He noted that Mr. Swartz is not here and that cannot be verified.

Mr. McNeely stated that his company has fulfilled the Town’s obligation.

Alderman Dugger asked when the bond was reduced from performance to maintenance. Mr. McNeely stated this was done on November 23, 2005. Alderman Dugger said that he felt that this was premature, due to it being a two-year bond.
Alderman Alexander stated that he would like to know what the conditions were that the Board placed on the approval of this development.

Alderman Dugger stated that it was his understanding that the road was to be built and in place before getting permits on Phase 2. Mr. McNeely stated that his company finished the punch list that the Town had presented. Alderman Thomas said that it sounds the Town is protected, but he would like to see if the conditions had been met.

Planer Laird stated that he could run to the office and get those conditions.

The Mayor then recessed the meeting at 8:10.p.m.
The meeting reconvened at 8:30 p.m.

The Board reviewed the conditions that the Board passed upon approval of this PUD. Mayor Lothers then read the conditions focusing on “Construction of new road between Clovercroft Road and Nolensville Road must be completed within 18 months of commencement of on-site construction in Phase 1.”

Mayor Lothers stated that she had spoken with the property owner and they feel this is two separate issues and is comfortable with the release of this bond. Alderman Curtsinger stated that he felt if this goes to court and he feels that $68,000 would not cover this cost. Alderman Alexander stated that he uses this road daily and does feel better after reading this condition.

The vote was taken and Mayor Lothers, Aldermen Alexander, Dugger, and Thomas voted for the release of this bond, Alderman Curtsinger voted against. This was released by majority vote.

Public hearing of ordinance 07-19, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) known as the Camron Property opened 8:36 p.m. There was no comment and the public hearing closed at 8:36 p.m.

Second Reading of ordinance #07-18 an ordinance to amend Title 15, Section 15-111, of the Municipal Code in regards to obedience to traffic control devices and avoiding intersections. Mayor Lothers made a motion to pass this ordinance, Alderman Alexander seconded, and this passed unanimously.

Second reading of ordinance #07-16, an ordinance to amend the Zoning Ordinance #04-09, in regards to architectural standards in the Office Industrial (OI) Zoning Districts. Alderman Dugger made a motion to approve this ordinance, Alderman Thomas seconded.

The vote was then taken and this passed by majority. Mayor Lothers, Aldermen Alexander, Dugger, and Thomas voted for, Alderman Curtsinger voted against.

Second reading of ordinance #07-21, an ordinance to amend Title 7, Chapter 1-2, Title 12, and Chapter 1 - 9, of the Municipal Code in regards to Fire and Building Codes. Alderman Dugger made a motion to approve this ordinance, Mayor Lothers seconded. Mayor Lothers noted that she had attended a TML Conference and discussed this particular ordinance. She noted that she was advised that the latest code can be adopted and you are allowed to remove portions of this code and do not have to adopt it in its entirety.

The vote was taken and this was passed unanimously.

First reading of ordinance #07-20, an ordinance to amend the Zoning Map to rezone property currently Estate Residential (ER) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) known as the Cutler-Kelley property
Mayor Lothers noted that this was deferred from last month due to questions being raised by Board members. She noted that she had met with Mr. Allen and distributed two memos to the Board addressing this issue.

Mr. Doug Cutler, the applicant for the zoning request noted that his wife is from Williamson County and he lives at 9556 Concord Road. He noted that tonight a zoning request is before the Board and it must go before the Planning Commission and at that it must meet FEMA requirements.

Mayor Lothers noted that the plan that was presented to the Board cannot be constructed on this piece of property. She noted that she understood that he is trying to separate a zoning and engineering issue, however a plan has been circulated that violates the Towns Floodplain regulations.

Mr. Ken Kelley, current property owner addressed the Board. He noted that when this was initially presented there wasn’t a plan. He noted that he was told to use FEMA’s rules and use the maximum. She noted that she had met with FEMA consultants. They reviewed the Town’s floodplain regulations and stated they were strict enough to participate in the FIP; they are stricter than FEMA’s.

Mr. Kelley clarified to the Board that this is not a firm plan. Mayor Lothers stated that anything that is presented must be done per the Town’s regulations. She noted that only the far west side could be developed, not in the location that is being shown. Mr. Kelley stated that they are merely trying to figure what can be done with this piece of property. Mayor Lothers stated that the Land Use Policy Plan does not guarantee that commercial could be there. Mr. Kelley said that it was my understanding that the first step would be to get this property rezoned.

Mayor Lothers stated that her concerns are that our flood regulations are what the Town must follow. She stated that when she sees this plan it does not indicate those rules are being followed.

Alderman Alexander asked Mr. Kelley if it would be helpful for them to look at what could be developed prior to requesting this to be rezoned. Mayor Lothers stated that maybe the Town’s process should be reviewed, in addition to this Board trying to make a decision without the full knowledge.

Alderman Curtsinger stated that prior to getting into discussion, maybe a motion should be placed on the floor. Alderman Curtsinger made a motion to deny this zoning, this motion died for a lack of a second.

Mayor Lothers clarified with counsel if the Board should have a motion on the table with a second prior to discussion. Counsel Notestine noted that there could be discussion without a motion, although there cannot be any deliberation. Mayor Lothers clarified that this the correct process if it is possibly deferred. Counsel Notestine stated that the applicant always has the right to request a deferral. He noted that if the Board declines it, this request could not come back for one year. He further noted that asking questions with the consultants is part of the process.

Mr. Tom Allen noted that he did not recall requesting this applicant to submit a plan.
Alderman Curtsinger noted that in the memo, is it a true statement where you referred to Article 5. Mr. Allen stated yes. Alderman Curtsinger noted that if the Board changes the zoning the applicant is put in a position to obtain a variance. He further noted that the cottage that is currently on the property was a non-conforming use, when the Town was incorporated.

Alderman Alexander asked if there was any opportunity of development at the corner of Sunset and Nolensville Road realistically. Mr. Allen stated that it could be done from an engineering perspective, assuming rezoning is obtained, all variances are received, and numerous letters received from FEMA.

Mr. Allen stated that the Zoning Ordinance says that every cubic yard you place onto the property, you must remove one cubic yard. Alderman Dugger asked if cut and fill was allowed. Mr. Allen stated yes, as long as it is “tit for tat” so to speak. He further noted that for the cut and fill you would have to obtain a variance and a grading plan for this area must be submitted and reviewed. Mr. Allen further noted that if the applicant obtains the rezoning, the Planning Commission would have to give approval to develop the property.

Alderman Curtsinger noted to Planner Laird that the Land Use Plan discusses strip zoning. He stated that if this were so, it would not be able to go east or west. Mr. Laird stated that in 2005 the Planning Commission approved the Land Use Plan with commercial in Town and shows the floodplain. Mr. Laird stated that in the written text it says development shall be limited.

Alderman Curtsinger stated that there is no discussion about the floodplain. He inquired to Mr. Laird if he felt that was important and should be discussed prior to approval and forwarding on to the Board of Mayor and Aldermen. Planner Laird stated that he did not recall any detail, although it must be clarified that it is properly zoned. Mayor Lothers stated that a concept plan was not given to the

Planning Commission.
Alderman Dugger clarified with staff that currently the applicant is requesting a rezoning. He stated that the site plan comes down the road in the process. He clarified with the applicant that he turned in a “blue sky” request so that it could be determined what can be done on this property. Mr. Kelley, applicant, agreed.

Mayor Lothers stated that the difficult portion is Article 5 in the Zoning Ordinance states in regards to floodplain to permanently protecting open space. Mr. Kelley stated that the total acreage is 16 acres and the “blue sky” request shows approximately 6 acres.

Mr. Mike Anderson, Engineer for the applicant, stated that the Mayor was correct. He noted that these rules were patterned after Metro Nashville. He stated that the reason people go before the Board is the process that is set up. He noted that it is similar in Franklin and Brentwood. He noted that everyone looks to Metro on these issues and this is one of the reasons for this Board. Mr. Anderson stated that the Land Use Policy Plan is asking if this is going to be a residential or commercial development. The applicant completely understands. He noted that Mr. Fly (with Delk, Anderson & Associates) has put this together. He is extremely ill and could not be here this evening. Mr. Anderson reiterated that the rules are outlined in the Town’s zoning ordinance.

Alderman Thomas said that this is a difficult situation. He noted that there is not a person in this room that is not concerned about floodwaters and how it would affect other property owners. He noted that he was an untrained person in the Engineering field. He noted that the Board has to take the advice from experts, the ones that have been trained in this area. Alderman Thomas stated that the Board must look at what is the future for the next 20 years here in Nolensville. He added to look at what is fair and best for Nolensville. Alderman Thomas stated that as an elected official he should listen to the concerns of the citizens and he hears these valid concerns. He noted that there are two issues, a zoning issue, and an engineering issue. Alderman Thomas stated that currently the question is does this make sense to zone this commercial. He also added that the Board should not put the cart before the horse. He noted that it is responsible to look ahead, but the Board needs to be careful not to impede what is before the Board.
Alderman Alexander stated that it is his understanding that the Board is hearing zoning request and then it is left up to the Planning Commission and then the Board of Zoning Appeals. He noted that at that point it is taken out of this Board’s hands.

Alderman Dugger noted that this is a zoning issue and is a total separate issue from a site plan issue. He stated that if it is zoned commercial the applicant still has a tough road with the ordinances and FEMA requirements. Alderman Dugger made a motion to approve to rezone, which complies with the Town Land Use Policy Plan, Alderman Alexander seconded. Alderman Alexander noted that this is only the first reading of a zoning request without a site plan.

Mayor Lothers stated that when she looks at that she is not comfortable with doing a blanket zoning for the entire piece of property.
Alderman Curtsinger referred to Article 5, noting that it is pretty explicit on what the Zoning Ordinance says. He stated that the idea earlier was to protect this side of Nolensville Road. He noted that everyone has seen it flood and anything that is done there may affect the property up stream. He stated that you could hire an engineer to say anything.

Alderman Alexander stated that he disagreed in regards to buying an engineer. He noted that they put their career on the line.

Mayor Lothers apologized for the comments earlier in regards to conflict of interest. She noted that she had recently attended Alderman Thomas’s ordaining as a minister. She noted that it was implied that he had a conflict. She stated that this Board cares for what is best for Nolensville although they may have different opinions on how to achieve it.

Mr. Kelley said that his intentions are to go through the process that Nolensville has set out. He noted that he felt there was a way that this project could be done in the flood way in a beautiful way.

Mayor Lothers stated that it concerns her that Mr. Kelley said developing the flood way. Flood way is different than flood plain and our regulations do not allow building in the flood way. Mr. Kelley said that it is all one piece of property. Mr. Kelley stated that he would research different avenues that could be taken for this project.

Counsel Notestine noted that this is an unusual piece of property. He suggested that it might be able to be sub-divided. Alderman Dugger asked if it could be subdivided due to it being a lot of record of 1981 with a decision where the property could not be divided.

Alderman Curtsinger stated that it is a farm and is a non-conforming use. Counsel Notestine stated that it is a legal non-conforming use.

Mayor Lothers noted that she recently attended a TML conference and the liability that she undertakes is high. She said that she wants to make sure she adheres to the strictest floodplain guidelines.

Alderman Thomas stated that he is part of Connect Ministries, which is a tenant of Mr. Kelley. He stated that due to the concerns that other people have, he would be recusing himself from this vote.
Mr. Kelley asked the Board for an indefinite deferral. Alderman Curtsinger stated that maybe this needs to go back before Planning Commission.

Alderman Dugger withdrew his motion for approval, Alderman Alexander withdrew his second. Alderman Dugger made a motion to postponed indefinitely, Alderman Alexander seconded.

Alderman Curtsinger asked if it wouldn’t be better to go back to the Planning Commission. He said that he did not think this Commission took into consideration any of the flood plain issues. Mr. Kelley reiterated they were guided to come before this Board.

The vote was taken for deferral and this was passed by majority. Mayor Lothers, Aldermen Alexander, and Dugger voted for,

Alderman Curtsinger voted against, and Alderman Thomas abstained.

First reading of Ordinance #07-22 an ordinance to amend the zoning ordinance 04-09, in regards to the National Flood Insurance Program. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded, and this was approved unanimously.

Reading resolution #07-12, a resolution to amend the Personnel Manual in regards to the Grievance policy. Mayor Lothers noted that at the workshop in February with MTAS Consultant Ron Darden and the Board the recommendation was that termination should be final with the Mayor. She noted that this resolution allows the Town to comply with that recommendation. Counsel Notestine noted that on page two, in the fourth paragraph it should end after involved. He further noted that “to chancery court or circuit court by the employee”, should be deleted.

Mayor Lothers made a motion to amend the resolution to reflect Counsels recommendations, Alderman Alexander seconded. The vote was taken on the amendment and was approved unanimously.

Mayor Lothers made a motion to approve this resolution as amended, Alderman Alexander seconded.
Alderman Curtsinger asked if this should be discussed due to the current case that is taking place. Counsel Notestine stated that he did not feel this would affect that case.

The vote was taken and approved unanimously as amended.

Other:
Alderman Dugger mentioned that Lynda Moses sent an email to him in regards to flying the United States flag and having the appropriate guidelines in lighting the flag. He noted that he wanted to bring this to the Boards attention.
Mayor Lothers stated that she would keep the Board informed on the signalization at the new Rocky Fork-Nolensville-Clovercroft Road intersection.

The meeting adjourned at 9:54 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster             Beth Lothers
Town Recorder               Mayor

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: October 4, 2007, Time 7:00 p.m.
Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz and Recorder Cindy Lancaster. There were 35 citizens present.

Prayer and pledge was led by Minister Dan Gilbert of the Nolensville Church of Christ.

Mr. Aubrey Short, 803 Rockwood Drive, stated that during the incorporation of Nolensville Committee members met with surrounding cities. He stated that Nolensville will control the developers or the developers will control Nolensville. He asks that each of the board members vote for the best of the Town, not the best of developers. Mr. Short distributed photos from May 7, 1984 showing flooding in Nolensville area. He stated that he now sees that there is a rezoning request for that area. He stated that if this board uses the old school for Town Hall you had better be cautious of the files. He stated that if he were the folks on the other side of Mill Creek he would be concerned due to it being totally in the floodplain. He further stated that he had looked on the web to find information on the ordinances and only found the agenda. He noted that he had made this suggestion previously, but would like to find ordinance information on the Nolensville website.

Dr. James Clark, 921 Oldham Drive, stated that he would like to reiterate what Aubrey Short had just said. He stated that the board has forgotten what began initially. He noted that Nolensville has commercial property already zoned to Davidson County line. He further noted that currently there are voids at Piggly Wiggly in addition to the Historic Area. He asked why we have to rezone flood plain area. He noted that after this is re-zoned we need to worry about the road plan that has been in the works with TDOT.

Mayor Lothers noted that she has had three meetings with TDOT and she agreed with Dr. Clark in regards to honoring previous agreements that have been made with the State.

Alderman Dugger made a motion to approve the minutes of the regular meeting of September 6, 2007, Alderman Thomas seconded. Alderman Curtsinger made a motion to correct page six. He noted that it states, “Alderman Curtsinger stated that it appears that the Design Review Committee is not really needed”. Alderman Curtsinger stated that it should say, “in the OI zoning”, Alderman Dugger seconded. The amendment was approved by majority with Aldermen Alexander, Curtsinger, Dugger and Thomas for. Mayor Lothers recused herself from the vote noting that she was not in attendance at that meeting. The vote was then taken for the approval of the minutes as amended and were approved by majority, with Aldermen Alexander, Curtsinger, Dugger and Thomas for. Again Mayor Lothers recused herself from this vote.

Alderman Thomas made a motion to approve the minutes of the Special Meeting of September 27, 2007, Alderman Alexander seconded. These minutes were passed by majority with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for. Alderman Curtsinger recused himself noting that he had not been in attendance the entire meeting.
Mayor Lothers made a motion to approve the August Treasurer’s Report, Alderman Dugger seconded. Mayor Lothers noted that prior questions had not been submitted to the Town Recorder. The vote was taken and the Treasurer’s report passed unanimously.

Chair Rick Owens reported for the Planning Commission.

• Catalina Subdivision review with minor changes was approved
• Variance request by Jones Company for lot 2308 was approved, request for lot 2307 was deferred
• Zoning amendment proposals were approved
• Rezoning request were approved:

(a)Camron Property at 7154 Nolensville Road
(b)Property on the corner of Sunset and Nolensville Road

• Monthly Bond Report was approved

Alderman Dugger requested that the board obtain a draft copy of the Planning Commission minutes.
Alderman Curtsinger inquired about the drive way variance. He asked if the Codes Department had inspected these drives. Engineer Don Swartz stated that he was unaware how the Jones Company derived their measurement. He noted that the Town measured the slope and it was 14 to 15. He noted that by the definition the town currently has in the Subdivision Regulations, this does not fall within a critical lot classification. He stated that the remaining will require a site plan so that each can be reviewed. Mayor Lothers noted that Alderman Alexander performed this type of work during his employment at Metro. He came to Town Hall and has reviewed the plans and noted the critical lots.

There was no report for the Historic Commission.

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
•Written report was submitted to the Board
•Chief noted a 20.17% increase in calls
•Tennessee Emergency management report was in regards to the burn ban, which remains in effect

Henry Laird reported for the Planning Department.
•Meeting with Project Developers frequently
•Rezoning request reviewed
•Attended a very beneficial conference in Memphis

Mr. Tom Allen reported for the Engineering Department
•Town is officially participating in the Flood Plain
•A typographical error must be corrected and go before the Board
•MS4 report was submitted September 30 to TDEC
•MS4 five-year permit expires in 2008

In Police Chief Rigsby’s absence, Officer Troy Buckley reported for the Police Department.
•Written statistics were distributed
•Surplus automobile was sold for $1,150
•Additional surplus property will be listed on govdeals.com
•Noise complaints in Winterset Woods have resulted in citations being written
•Education to elementary schools is being performed jointly with the County

Mr. Bob Hayes reported for the Public Works Department.
•Street patching has been ongoing
•Continue to pick up trash and replace signs
•Attended a tractor training conference
•Tractors are currently out of service for repairs

Ms. Suzie Lindsey reported for the Town Events Committee
•Veterans Day Parade preparation is ongoing
•Parade to begin at 11:00 a.m. on November 10
•Luncheon will be held at noon at Jenkins Cumberland Church
•Tickets will be sold for $10 per person –Veteran’s with one guest will be fed free of charge

a.Waller Road update
Mayor Lothers ask that Engineer Swartz update the board on this issue. She noted that Alderman Curtsinger had questions last month that would be addressed. Mayor Lothers ask that Engineer Swartz update the board on this issue.

Engineer Swartz noted that he had spoken with Assistant City Manager Kirk Bednar. Mr. Swartz stated that he had reviewed the road and they have done everything as originally agreed with the exception of final surfacing of the asphalt and permanent striping. He noted that it had been widened and the undercutting had been performed.

Mr. Swartz went on to comment on the Rocky Fork realignment noting this road is on schedule. He noted there was a change order concerning the project. Mr. Swartz stated that they are uncertain of the underlying soil. Mr. Swartz stated that when this project was first designed the current Subdivision Regulations were used. He described the current standards and said that he felt these are not sufficient. Engineer Swartz stated that he would be recommending to the Planning Commission to change this section to require an “A” mix followed with a “B” modified mix. He further noted that the town is currently using the proposed changes on this project. These changes have increased the project approximately $75,000. Engineer Swartz stated that some of the drainage features have been changed. A drain has been removed and a ditch has been taken down to Mill Creek. He noted that overall there will be a net savings of $19,000.

Alderman Curtsinger asked if Florence & Hutcheson gave any comments. Engineer Swartz stated that he was not involved in that, although he knows that the guidelines for the cross-section came from the Town’s Subdivision Regulations. Alderman Curtsinger inquired if they were aware of the fact that the road would not hold up. Mayor Lothers stated that Florence and Hutcheson utilized the design that was approved by the Town Engineer at the time.
Alderman Dugger stated that it appears that the road was designed to our standards. The town has discovered that our standards are not what they should be and we are correcting this.

Alderman Curtsinger asked if the new road across from Rocky Fork was going to be substandard. He asked if it was built with the old standards. Engineer Swartz stated Cates and Kottas constructed that road with the design coming from their engineers. Mr. Swartz stated that he would review this road. Alderman Curtsinger said that he had inquired about the specifics of Waller Road. Mayor Lothers stated that he had heard the verbal report and the written agreement with Brentwood of August 2006 was the document in front of him.

b.Economic Development Committee
Mayor Lothers noted that this Committee has met and they are Jimmy Alexander, Chairman Jason Patrick, Vice Chairman, Cris Fabrizius, Chuck Fann, Debbie Riddle, John Lavender, David Verner, John Parmon, James West, Jeff Davis and Jason Lukavitch.

She noted that they will be performing a survey in regards to what businesses people want to come to Nolensville and the businesses they don’t want. Alderman Alexander stated that this group has received copies of surveys that have been performed in other towns and this is being reviewed.

c. Personnel Manual
Mayor Lothers noted that conversations have been ongoing with Ron Darden with MTAS and it is hoped to have this before the board next month.

d.Capital Improvement Budget
Mayor Lothers noted that work has been ongoing with another MTAS consultant to prepare this document

e.Other

Mayor Lothers noted that information was received that the town had not been awarded the Walking Trails Grant. The town should be notified very soon if it has received the Safe Routes to School Grant or not. Again, the grant would allow the construction of sidewalks from the new Elementary School.

Mayor Lothers stated that “Keep America Beautiful” volunteers have done a great job. Currently a recycle program is being initiated at the soccer and ball fields. There will be advertisements promoting recycling.

Mayor Lothers informed the board that she had attended the Williamson County Board of Education meeting. The school property is being transferred back to the county.

Mayor Lothers addressed the firearms issue. She noted that the board must be careful in what is passed. She noted that currently towns that have enacted regulations on firearms being discharged within residential areas is being investigated. She assured the board that only an ordinance that is well-crafted and abides by state law will be presented. She noted that it will not be an issue on large lots but only in subdivisions.

Counsel Notestine noted that Brentwood has an ordinance that prohibits the discharge of firearms within residential areas and road ways. He noted that there are several state laws that must be adhered to.

Counsel Notestine addressed the Board on the current lawsuits. He noted that currently there are two lawsuits pending, with one still being in court. He stated that a decision was made on this case by the Judge and it was then modified. The initial decision went against the Town. The Town asked the court to reconsider and they did.

Counsel stated that another case is in federal court. This is with Mr. Barrett, and the Town is in hopes this will be over in thirty days.

Mayor Lothers said that people came tonight to speak on this issue and should be heard. She also inquired the Town Attorney for direction since she had information to distribute to the board whether that would be dependent on a deferral or not. The attorney stated that it was public information. Mayor Lothers distributed an information sheet on the commercial businesses that have come into Nolensville the last five years and the adequate facilities taxes paid. Mayor Lothers also contacted the City of Franklin after not having questions answered by the applicant and distributed a copy of their Adequate Facilities Tax and Road Impact Fee information. Mayor Lothers stated that the Town Planner contacted Mr. Mullen of Duncan and Associates as our consultant for impact fees and he has rendered an opinion. Mayor Lothers indicated it would be a board decision whether or not the item is deferred, but the board should listen to the people here.
Counsel Notestine stated he thought it was public information. Mayor Lothers noted that she would look to Counsel for what the Town’s options would be tonight.

Counsel Notestine stated that it is a complicated situation because the adequate facilities tax is a Private Act in the State Legislature. This document has very specific terms. He noted that in those terms it says if someone appeals the town’s decision about assessing the tax, the town must act within thirty (30) days of the hearing. He noted this Board must make a decision. Counsel Notestine stated that a hearing was held at a special meeting last Thursday. He noted that there is a caveat in the statute that says that thirty (30) days does not run if the Board continues the hearing to get additional information. He noted that one of the options tonight is that the applicants have requested a continuation to the next meeting. The board, by a motion, and by majority vote move to continue this to the next meeting. He stated that the other thing that can be done is to consider it on its merit tonight. Counsel Notestine noted that the applicant is not here and has asked for a continuance. He stated that in his experience if the applicant has asked for a continuance that is what the Board does. He noted that it is up to this board. Counsel Notestine stated that he wanted to make it clear that if this board votes to continue tonight, the thirty (30) days do not run against the board. The thirty (30) days will begin from the last hearing, unless it is continued tonight, then it automatically moves on to the next meeting.

After this clarification Mayor Lothers asked for citizen comment.

Mr. Trevon Townsend addressed the board noting that he owned the N’ Town Storage here in Nolensville. He further stated that his speech was going to be kind of anti-climatic since the Board isn’t voting on this tonight, although he wanted his voice heard on this matter. He stated that he and his family have owned a business in Nolensville for over 21 years. He noted that after the sell of Two-Way, they purchased N’ Town Storage. He noted that he reinvested in the Town as well as N’ Town Storage. He told the board that one of the determining factors of whether he bought N’ Town Storage or not was the new Adequate Facilities Tax. He stated that with some investigation, it would be cost prohibitive for another storage facility to come into town and therefore somewhat corned the market. He stated that if he had known that it was open to be reduced as much as 90%, then he would have reanalyzed his purchase.

Mr. Townsend stated that this gives an advantage over a business that is already paying adequate facilities tax here in Nolensville. He stated that if he understands this correctly, Nolensville does not have a sliding scale, therefore that means the nature of the business cannot be given any significance in determining the imposed tax. He stated that the only determining factor is the square footage of the business that is being built. He noted that the lack of impact on the police, fire department, or schools, should have no bearing whatsoever on the formula used to impose the tax.
Mr. Townsend referred to the minutes of the Special meeting on September 27th, noting that a lot of comments were being made that Nolensville had the highest fees around. He stated that he agreed with that comment. However, he said, that does not mean that they need to be ignored. He noted that this governing body passed this for a reason, therefore why start second guessing your decisions now. He noted again the special meeting minutes referring to a comment that no new industry had come to Town since the implementation of this tax. He noted that was an incorrect statement. He noted the various establishments that have come to Nolensville, adding that those establishments abided by every ordinance that was in place at the time they built in Nolensville. He stated that if one developer has to pay the tax, what would keep another developer from paying the exact same tax? Mr. Townsend stated that in closing, he loves

Nolensville; and has spent most of his life here. He noted that he is not to ask for anything personally, all he ask the ruling body to do is use the same set of rules for each and every business. He noted that this Board will lose a lot of respect if it seems to be arbitrary in the enforcement of the very ordinances that they themselves have passed.

Mayor Lothers stated that she had noted in the minutes a statement was made that Nolensville’s fees were ten time greater. However, she went over the Adequate Facilities Taxes and Road Impact Fees that the City of Franklin currently has in place. She noted that the town must follow the private act which will allow an applicant to appeal the adequate facilities tax.

Mayor Lothers asked for clarification from Counsel Notestine in regards to the wording. She asked if the Board would have to wait to vote. Counsel stated that the Board must render a decision in writing within 30 days of the hearing date of last Thursday, or continue by voting for a deferral tonight. He noted it is up to this Board. He also mentioned that the state statute says we can charge $2.00 per square foot for commercial. We did not initially start out at that rate. We started out at around $1.80, and did raise it a few years ago to the max. The state law didn’t say we have to charge $2.00 but this Board came back later and raised it to $2.00

Alderman Curtsinger made a motion to enforce the adequate facilities tax. Alderman Thomas seconded. Alderman Curtsinger stated that this Board passed this tax for a reason. We all felt this was needed; there were no caveats during that time. He stated that he was disappointed that the other party did not attend tonight. He stated that he has followed this applicant and initially they came to BZA to say they were constructing sheds. He said they are now saying they are one of the largest industries coming to Nolensville. Alderman Curtsinger stated that this applicant said they would not use the fire or police service. He further noted that these tax dollars could be used in the Historic area to get sewer. He stated that this company will not bring one more tax dollar to the Town. He further noted that this is the only money the Town will receive from this company. He asked if Blue Bell would be coming back to request a refund. He asked if the bank would want a refund. He stated that the Town always needs money. The Town needs money currently for a recreation center. Alderman Curtsinger stated that this Board had a special meeting for this group and they did not even show up this evening.

Mayor Lothers noted that she wanted to clarify one thing as far as the sewer. As Mayor, she has started the Historic Nolensville Development Association, which is primarily getting all those folks together and trying to solve how we can bring the sewer to the Historic Area as it is vital to our community. We have businesses obviously that cannot flourish, cannot have changes of uses and so forth. She noted that the statement that this money can be used for sewer is actually a legality that the town cannot do. She noted that having worked alongside this very closely, that unless this is some type of a redevelopment partnering, or with grant monies, you cannot use public funds to bring sewer to one part of the city and not provide it to everyone. She noted that she had met with GNRC Deputy Director Phil Armor who drove the entire historic area with her and he knows the need that we have for sewer and his “radar” is out for special grants for Nolensville. She noted that everything the town has pursued has fallen short except for low interest loans. She reiterated that we don’t want to say that the Town can use the adequate facilities tax to fund the Historic area sewer project.

Alderman Curtsinger stated that the Town could use it for matching funds. Mayor Lothers stated that this is and has been researched and if there are any funding options that someone is aware of, please bring them to the table. She noted to date, it has been difficult to find any money for this project. She has met with Congresswoman Blackburn’s office for federal funding. She stated it is tricky, because the town does not have control over the sewer; obviously it is Metro Water Services. She noted that there are some grants that are for only municipalities who control their own sewer. She noted that there are grants for those with median incomes under $37,000. Due to Williamson County’s wealth this eliminates this particular grant. She noted that she will continue to beat the bushes and try to solve this problem, and would welcome any information on programs that have not been discovered yet.

Counsel Notestine noted that the technical point is there is an appeal of the Building Official before this Board. Alderman Curtsinger withdrew his motion, Alderman Thomas withdrew his second.

Alderman Curtsinger made a motion to uphold the Town Ordinance and the Building Official’s decision, Alderman Thomas seconded.

Alderman Thomas noted that in 2005 this tax was increased to $2.00. He stated that everyone had access to this document and it was nothing that was sprung on the applicant at the last minute. He stated that he felt his job was to look at long-term issues for the Town. He noted that there is a long-term commitment to place a business on a piece of property that will not generate any money for the Town. He noted that he did not think there is any other information the applicant could say to change his mind.

Mayor Lothers noted that the newly formed Economic Committee will be reviewing fees that have been implemented in the past by the Town, including the adequate facilities tax. She noted that this Board has an appeal for one business. Mayor Lothers stated that she was in support of the Board not going further. Alderman Dugger stated that he thought the minutes were a summation and the Town has a good Board. He noted that he had made a motion at the Special Meeting and the Board stepped back to take a different look at it. He stated that he was glad the vote was not taken. He stated that he would support not giving them a break or relief. I will say we stand by the $2.00.

Alderman Alexander said that Mr. West would supply a document of information and this was not done. Unfortunately applicant did not show up tonight to hear a very persuasive argument against doing it. I’m like the rest of them and I’ll vote to deny their request.

The vote was then taken on upholding the Building Official’s decision and this passed unanimously.
First reading of ordinance #07-18, an ordinance to amend Title 15, Section 15-111, of the Municipal Code in regards to obedience to traffic control devices and avoiding intersections.

The Mayor asked if there were any citizen comment.

Pastor Sandy Shawhan of the First United Methodist Church addressed the Board stating that she would like for this body to consider this ordinance. She noted that the Church has private property on the corner of Rocky Fork and Nolensville road with this Church being one of the busiest in Town. She stated that they have a Pre-school at this location and people continually cut through their property. She stated that cars have been parked to block the drive and vehicles with go through the yard to go around the parked car. She stated that one of these vehicles could easily hit a child. She encouraged the Board to pass this ordinance.

Officer Buckley stated that from on the stand-point of the Police Department, they encourage that this ordinance be passed. He noted that he had personally watched this area and has seen cars go around vehicles in this church parking lot.

Mr. Rick Owens, 313 Barronswood Drive, stated that he thought at anytime an intersection is avoided it was against the law. Officer Buckley explained that was a Metro Nashville law, although not a Nolensville or State law.
Alderman Dugger stated that he would like review a car passing on the white line. He stated that he had spoken to the Chief and the Chief said that Judge Petersen would not enforce that in his Court. Mayor Lothers stated that the Chief had investigated this and it is hard to enforce due to the State law verbiage.

Mayor Lothers made a motion to pass this ordinance, Alderman Alexander seconded and this passed unanimously.
First reading of ordinance 07-19, an ordinance to amend the zoning map to rezone property currently Suburban Residential (SR) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) known as the Camron Property. Alderman Alexander made a motion to pass this ordinance, Alderman Dugger seconded. Planner Laird noted that Mr. Jackie Bennett, the representative for the property owner was in attendance to answer any questions the Board may have. Mr. Laird demonstrated the location on a map that was shown by power point. He noted that the Planning Commission had recommended this rezoning.

Mayor Lothers asked if they were aware of any floodplain conditions and the regulations. Mr. Laird stated that this area was not in the floodplain.

Alderman Curtsinger asked for the zoning behind Mr. Wells' property. Mr. Laird stated that zoning was OI and showed the adjacent property and each of their zonings.

Alderman Dugger noted that the question about the floodplain is another issue. He stated that when the site plan is brought before the Planning Commission it will then be addressed.

The vote was then taken and this was approved unanimously.

First reading of ordinance 07-20, an ordinance to amend the Zoning Map to rezone property currently Estate Residential (ER) to Commercial Services (CS) with a Commercial Corridor Overlay (CCO) known as the Cutler-Kelley property.

Mrs. Lynda Moses, Rocky Springs Road, stated about 45 years ago she bought land in Nolensville and was not told everything about the flooding issues. She stated that if you ask most people in Nolensville what two properties should not be developed within Nolensville, they will tell you this school and the property across from this school. She told the Board that if they pass this ordinance they are making a huge mistake. She stated that she felt that this property should not be developed.

Mr. Larry Gardner, York Road, asked the Board not to re-zone this property. He stated that he did not realize when he was on the Planning Commission that he voted in favor of this on the Land Use Plan. He noted that he did not realize what he had voted on and does not recall a map being attached and he was more focused on the property south of town.

He stated that Mr. Kelly knew that piece of property flooded when he bought it. He asked what will happen when you cut and fill in there. He stated that the Nolensville historic book showed a picture of this area flooded. He further noted that no one on this Board has ever seen this creek up. He asks this Board not to approve this ordinance. He stated that the Land Use Plan is a guide. He stated that two of the Board members should not vote because they have to close of an alignment with Mr. Kelley. He stated that he ask Aldermen Thomas and Dugger to recuse themselves.

Mr. Roger Jenkins, 1692 Sunset Road, stated that he had only one politician come by during election time. He further stated that currently there is not a problem, but when this property is built on there will be a problem. He stated that he was not notified of this and when the roof was constructed on the Bar-B-Que Restaurant he received notice.

Mayor Lothers asked Engineer Tom Allen to address some of the flood concerns. Mr. Allen stated that there is no way this property can be developed unless numerous variances are granted.

Alderman Curtsinger asked if he had a copy of the Land Use Plan. He stated that it has always been distributed on a little 11 X 17 paper and it was misleading with the purple color. He inquired if there was one available tonight.

Mayor Lothers stated that she had a copy of the Land Use Policy Plan. Mr. Laird showed a large version of the map.

Mayor Lothers stated that a break could be taken in order to go to Town Hall to reproduce individual copies. Alderman Curtsinger stated that it was not necessary.

Planner Laird noted that Mr. Gardner was on the Planning Commission and there were two large maps that were viewed. He stated that the current one is the one that was voted on and adopted. Mayor Lothers noted that there are minutes that will reflect these actions. Alderman Curtsinger stated that it was very controversial and almost went back to the Planning Commission. Alderman Dugger stated that he agreed with Mr. Laird, there was an option 1 and 2 that was voted on and approved. Alderman Alexander stated that if he remembered correctly, the purple colors were down past York Road.

Mayor Lothers stated that she would be interested in seeing the minutes that pertain to the vote of the Land Use Plan. Alderman Curtsinger stated that it is what it is.

Alderman Dugger stated that he did not feel that he had a conflict of interest in regards to Mr. Gardner’s request. He stated that he did not have anything to do with this property.

Mr. Gardner stated that he did not think that Alderman Dugger had anything to do with the property, although he did rent from Mr. Kelley. He further stated that if he had to do it again he would have voted against the Land Use Plan.

Mayor Lothers asked Counsel for clarification in regards to the conflict of interest issue. Counsel Notestine stated that he respected Mr. Gardner’s opinion, although that is an individual’s decision. He stated that he did not see a conflict due to renting office space from Mr. Kelley. He stated that if an Alderman received a commission or some type of benefit from the transaction there would certainly be a conflict. Mayor Lothers asked the Aldermen if they would receive any personal gain. Alderman Dugger stated that he would not. He noted that in other property’s which he was involved he recused himself.

Mr. Gardner stated that in regards to rezoning currently there is commercial property setting vacant. The Piggly Wiggly is vacant, and Mr. Yazdian has not rented all of his building.

Alderman Alexander stated that he recalled in the past couple of years where a developer and their engineers met with the Planning Commission. At the meeting they showed an aerial view of the property. He stated at this meeting they told the Planning Commission that the property was in the 100 year flood plain.

Alderman Curtsinger stated that he attended that meeting and it was an old man that they had dusted off and brought in.
Mayor Lothers asked for Engineer Tom Allen’s advice. Mr. Allen stated that Alderman Dugger was correct that the Town specifications are stricter than FEMA regulations. He further noted that property cannot be developed without significant variances to the storm water regulations of the Town of Nolensville.

Mayor Lothers inquired if adjacent property owners are notified. Planner Laird stated that prior to the public hearing property owners are notified.

Alderman Thomas stated that he is very concerned about the integrity of the Town. He stated that his relationship with Mr. Kelley was strictly a tenant-landlord relationship. He stated that Mr. Kelly and he have never had a conversation about this property. He further noted that he stood to gain nothing in this transaction.

Alderman Alexander made a motion to defer this to allow the owners to attend their Engineers and to allow a fair hearing, Alderman Dugger seconded. Mr. Doug Cutler, purchaser of the property, said that he would comply with the flood plain guidelines, although, they want to make sure that it is rezoned. He added that he was sensitive to this as well.
Alderman Alexander stated that this Board is being asked to rezone property and then there are people telling the Board that it cannot be developed. He asked Mr. Cutler if he could bring his Engineers next month to answer questions. Mr.

Cutler stated that he would be back next month.

Alderman Curtsinger stated that he felt this should not get rezoned. He stated that there is talk about not having enough money to run the Town, and there are no right of ways that have been purchased for the Major Thoroughfare Plan. He noted that if this property is zoned commercial the Town will not be able to buy the right of ways.

Mayor Lothers stated that she would never accept development by major thoroughfare or by-pass at commercial price. She stated that she respected Alderman Curtsinger’s opinions, but she did not agree that the Town is going to pay commercial price.

Alderman Curtsinger stated that he would agree to the deferral in hopes that enough citizens would attend the meeting. He noted there was only one citizen on the Planning Commission that lived in Nolensville in 1984.

The vote was taken and this was deferred unanimously. Mayor Lothers asked which board members had copies of the Land Use Policy Plan and all raised their hands except for Alderman Curtsinger.

Second Reading of Ordinance 07-07 an ordinance to amend the zoning ordinance 04-09, in regards to Village area lot standards. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded.

Alderman Curtsinger stated that this ordinance is trying to change the maximum area. He asked how many businesses have applied to the Town of Nolensville for this square footage.

Alderman Dugger made a correction noting that Planner Laird did not recommend this ordinance, although the Planning Commission recommended this change.

Planner Laird noted that this has been discussed several times. He stated that previously the Zoning Ordinance did not have any ratios. He stated that the recommendation was to move to 4,000 square feet. Planner Laird stated that almost all of the buildings in that area fit in that floor area ratio. Mr. Laird explained this in depth. He further stated that he did not know of any applications that had been submitted for this request. Mr. Laird additionally demonstrated the buildings through the power point presentation. Mayor Lothers noted that the largest square footage currently is 3007. She stated that she was in favor of this ordinance and it has been reviewed thoroughly.

The vote was taken and this passed unanimously.

First reading of ordinance 07-21, an ordinance to amend Title 7, Chapter 1-2, Title 12, Chapter 1 - 9, of the Municipal Code in regards to Fire and Building Codes. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded.

Alderman Dugger stated that this is basically adopting the 2006 Code. He noted that currently the Town is operating under the 2003 Edition. Mr. Michael Blanks, Building Official, stated that this Department wanted to get as current as possible. He stated that they held on adopting this Edition so that any issues would get worked out. He stated this is an attempt to adopt the 2006 and move on to new literature. Alderman Dugger noted that the ordinance does state this will become effective January 1, 2008.

The vote was taken and this passed unanimously.

Public hearing of ordinance 07-16, an ordinance to amend the Zoning Ordinance #04-09, in regards to architectural standards in the Office Industrial (OI) Zoning Districts opened at 9:15 p.m. There was no public comment. The public hearing closed at 9:15 p.m.

Mayor Lothers called for a recess at 9:16 p.m.

The meeting reconvened at 9:30 p.m.

Second reading of ordinance 07-14, an ordinance to amend Zoning Ordinance 04-09, in regards to signs. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded.

Planner Laird described this ordinance in length. He said that there have been three suggested amendments to this ordinance. Mr. Laird distributed the amendments to the Board in writing and explained each.

Mayor Lothers made a motion to accept Planner Laird’s amendments in 1.8.1 Retail and 1.8.2 Office.
1.Concerning “now hiring” signs.

Article 1.10.4 B that refers to “now hiring” signs under the temporary sign section should be deleted to remove this sentence from temporary signs and place “now hiring” signs under the exempt section, section H, and consider them as incidental signs. This would mean that businesses would not have to get a temporary permit from town hall when they needed to advertise for hiring and would place a size limit on the now hiring sign under the incidental sign description.

2.Change the proposed amendment under 1.8.1 Retail and 1.8.2 Office that reads:
Signs shall be mounted in a flat fashion and shall be mounted on the wall that contains the main entrance of the building

To read:
Signs shall be mounted in a flat fashion and shall be mounted on the wall that contains the main entrance of the building except that buildings that front two public streets may have side façade signs provided that the total signage allowance does not exceed the maximum sign allowance for wall signs.

3.Article 1.5.1 Prohibited signs changes that add section O. Window signs should be changed to read:

O.Window signs that serve as the general business sign and exceed the incidental size allowance.

(This would prevent a business from painting the business sign over the front window in larger lettering while allowing the identification of the business in smaller letters on the door or nearby as an incidental type sign. The town would prefer a nice wall sign instead.)

Alderman Dugger seconded. The amendment passed unanimously.

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

Second reading on ordinance #07-13 an ordinance to amend the Zoning Ordinance 04-09, in regards to permitted structures within setbacks. Alderman Dugger made a motion to approve this ordinance, Mayor Lothers seconded

Alderman Dugger made a motion to amend page three to read, PUDS with lot sizes less than 11,000 square feet, Mayor Lothers seconded.

Alderman Curtsinger stated that there is a danger due to the code not defining a gazebo or an uncovered deck. He stated that it is very vague and unclear.

Mr. Michael Blanks stated that that it would be considered an accessory such as a birdbath. He stated that a Gazebo would be a detached accessory. Mayor Lothers stated that staff has taken a lot of time investigating and researching this issue.

Alderman Curtsinger stated that he did not see any reason to change it. He stated that as it is set up now the BZA overturns everything. Mayor Lothers stated that they do variances on each case’s merit.

Alderman Dugger stated that he totally disagreed with Alderman Curtsinger. He stated that the last case before the BZA the ordinance was upheld.

Mayor Lothers stated that discussions with MTAS, if a City continually has the same BZA request the ordinance should be reviewed.

The amendment was voted on and approved by majority with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, and Alderman Curtsinger abstained.

The vote was then taken on approval of the ordinance as amended. This was approved by majority with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, and Alderman Curtsinger abstained.

Second reading of ordinance 07-15, an ordinance to amend the Zoning Ordinance Section 8, of the Municipal Code in regards to the sell of beer. Mayor Lothers made a motion to approve this ordinance, Alderman Thomas seconded. The vote was taken and approved unanimously.

Reading of resolution 07-11, a resolution to establish a Board of Appeals for the International Building Code. Alderman Alexander made a motion to approve this resolution, Alderman Thomas seconded.

Alderman Dugger noted that this is to establish a Board of Appeals to appeal a decision by the Building Official in regards to the IBC. He stated that a resolution was passed in 2004 that stated the Board of Zoning Appeals would be the Board of Appeals. This resolution establishes this Board to maintain only one role.

Alderman Curtsinger inquired to how this was affected by the Charter. Counsel Notestine stated that it is not affected. He noted that the Town adopted the International Building Code and this Code gives this Board the authority to initiate a Board of Appeals.

The vote was taken and this was approved unanimously.

Mr. Blanks thanked the Board for their support during these growing pains. Mayor Lothers stated that she appreciated Mr. Blanks, noting he was very articulate and informative.

Mayor Lothers stated that she will keep the Board informed on the signalization at the new Rocky Fork-Nolensville-Clovercroft Road.

The meeting adjourned at 9:52 p.m. by acclamation.

Respectfully submitted, Approved,
Cindy Lancaster                                Beth Lothers
Town Recorder                                  Mayor

Town of Nolensville

Board of Mayor and Aldermen Special Meeting

Appeal Hearing –A+ Storage appealing Nolensville Adequate Facilities Tax

Date: September 27, 2007, Time 2:00 p.m.

Nolensville Town Hall

 

Mayor Beth Lothers opened the meeting at 2:23 p.m. Members present were Aldermen Jimmy Alexander, Tommy Dugger, Joe Curtsinger, and Ken Thomas. Alderman Curtsinger exited the meeting at approximately 2:30 p.m. Staff present: Counsel Robert Notestine, Building Official Michael Blanks, Town Planner Henry Laird and Recorder Cindy Lancaster. There was one citizen present in addition to applicant Mr. Tommy Pierce with A+ Storage and his Representative Mr. Jay West with Ferris Mathews.

 

Counsel Notestine initiated the meeting describing the Adequate Facilities Tax Private Act in detail. He further noted that this tax would affect this property owner and the applicant is here to appeal the imposed tax.

 

Mr. Jay West introduced himself noting that he was with the firm Ferris Mathews and his client is Tommy Pierce owner of A+ Storage. He noted that Mr. Pierce has built seven facilities within seven years. They currently have five under construction. He noted various locations as being Murfreesboro, Lavergn, Spring Hill, Franklin, Nashville, and Mt. Juliet. Mr. Pierce has been looking at Nolensville as a construction site for about four years. Property was purchased located on Johnson Industrial Boulevard. Mr. Pierce stated that this is the first large industry that has come to Nolensville since the passage of the sprinkler ordinance in addition to the facilities tax increase. He noted that his organization has abided by the design review request, which they were not obligated to by code or law. He further noted they are a limited partnership with family involvement. Mr. Pierce stated that this will be the final determining factor if they will build in Nolensville.

 

Mr. West stated that they were asking for relief from a portion of the tax, not the entire tax. He noted that the Town has the authority to levy and collect tax on new development. Mr. West read portions of the Private Chapter 100. He continually made emphasis on the statement “fair and equitable” that is used in the Private Chapter 100 document. Mr. West stated that currently the Town has a Capital Improvement Budget and has TML bonds in the amount of 2.1 million. Mayor Lothers and Recorder Lancaster corrected Mr. West noting that this is a Plan not an actual budget that was adopted by the board in 2005. Mayor Lothers explained to Mr. West that a more detailed Capital Improvements Budget was currently being reviewed to be presented to the board in the near future. Mr. West focused on the small new infrastructure in regards to roads and traffic being brought to Nolensville by A+ Storage. Mr. Pierce stated that there will only be impact on fire and police and this will be minimal. He addressed the impact on the Fire Department initially. He stated that this facility must be sprinkled. Therefore, this will reduce the need for fire services. Mr. Pierce then addressed police. He described the structure noting that there will be a fence and gate around the entire facility. Mr. Pierce stated that it is the lowest impact that he knows of in regards to an industry. He stated that it would be open to the public from 6:00 a.m. to 9:00 p.m. He stated that it would not impact the schools.

 

Mr. Pierce noted that the office would consist of two rooms that will house offices and two restrooms with a total of 2,100 square feet. He stated that the first phase of the storage buildings would be 48,000 square feet. He stated that this would be approximate a 1 ½ million dollar total project, with the other cost of the Facilities Tax. Mr. Pierce pointed out that the project in Nolensville is about ten times more in fees than in Franklin, Hermitage and Murfreesboro.

 

Mayor Lothers asked the applicant if they had a total fee reduction to propose? Mr. Pierce said that he did not have a figure in mind, although he feels that it would be fair to pay the tax on the office portion of 2,100 square feet only. Building Official Michael Blanks said that fee would be $4,200 for the office area only.

 

Counsel Notestine noted that today is a hearing only and this board has thirty- (30)-days to make a decision. He further stated that this decision must be made in writing.

 

Mayor Lothers stated that she would like to follow up on the comment in regards to Nolensville’s fees being ten times more than Franklin’s. She asked if he was including the cost of the sprinkler system into these fees. Mr. Pierce stated that he was not; this is strictly the fees that Nolensville charges versus the fees in Franklin. Mr. Pierce noted that Franklin has a sliding scale for their facilities tax industry.

 

Alderman Alexander asked if Mr. Pierce thinks that $4,200 would be a fair assessment to utilize the Fire and Police Department. Mr. Pierce stated that he felt that was a fair amount. He noted that the entire facility would be sprinkled and there will be little impact on the Police Department because of the facility was gated. Mr. Pierce referred to the previous request that he had made to the Board of Appeals to reclassify his facility. He noted that Franklin has a storage facility under a “U” classification. He stated that this classification would allow them to not have a sprinkler system throughout the storage area. Mr. West added that the sprinkler system has to be a wet/dry system, which makes this increase in cost.

 

Alderman Dugger stated that he respectfully disagreed with Mr. Pierce. He stated that under the Town’s regulations he would not fall under the “U” classification definition. Alderman Dugger stated that the Board of Appeals had no other alternative but to place him in the classification that staff had determined, “S”.

 

Mr. Blanks stated that under the 2003 IBC Edition, which the Town has adopted Alderman Dugger is correct. Although, Mr. Blanks added, in the 1999 Edition it would be a “U” classification.

 

Mr. Pierce stated that he felt the $4200 would be a fair price. He noted that there will be a couple of people living at the facility and this is going to be a top-notch facility. Mr. Pierce stated that in Hermitage they constructed a 19-apartment complex. This facility had a lot of impact on the community and fees were paid accordingly.

 

Mayor Lothers asked for clarification and inquired to other municipalities and their sliding scale fees.

 

Mr. Pierce stated that in Franklin he built a 79,000 square foot building and initially paid approximately $13,000. He further noted that in Hermitage it was approximately $7,000 and Lavergne was approximately $7,300. Mr. Pierce stated that he had budgeted $10,000 for this line item in Nolensville.

 

Counsel Notestine inquired to any possible sales tax collected on this industry by the Town. It was noted that this company would not generate sales tax for the Town.

 

Alderman Dugger made a motion to relieve A+ Storage of approximately 90% of the total $93,000, which would be a payment of $15,000 in Adequate Facilities Tax for Phase One and Two paid upon payment of the building permit. Alderman Alexander seconded this motion. Alderman Alexander further stated that he would prefer to have a formula to come up with this figure.

 

Alderman Thomas stated that he is sensitive to the fact that they have done everything the Town has requested, although his concern is what might follow and be a repercussion from this decrease. Alderman Thomas said if there was a sure scale it would be much better and it would be in print.

 

Mayor Lothers stated that currently the newly formed Economic Development Committee is reviewing fees paid to the Town. She stated that this Committee wants to survey the various fees comparatively to other towns. But Mayor Lothers acknowledged the Committees work would not benefit them in the short term.

 

Mr. West stated that he could send a document of the findings of the information that has been reviewed today.

 

Mayor Lothers noted that this business would make a minimal impact to roads, schools, the Fire and Police Departments. Alderman Thomas asked if there was a way to get some information on the impact before the board selects the exact number.

 

Mayor Lothers stated that she felt board members were interested in providing some relief, but may not be sure of how to do it. She noted that Mr. Pierce had spoken of a traffic study that they had performed at another location. Alderman Thomas stated that he would prefer to have a method of calculation before he came to a conclusion to offer some relief.

 

Alderman Alexander asked if this could be on the agenda next week for the Board of Mayor and Aldermen meeting.

 

Alderman Dugger withdrew his initial motion, Alderman Alexander withdrew his second.

 

Mayor Lothers made a motion stating that this Board finds merit in the position by the appellant; therefore this matter should be held for the next Board of Mayor and Aldermen meeting at which time the finding of fact can be presented. Alderman Dugger seconded adding that he is interested in looking at a reduction for this business. He further stated that another area he considered is that the applicant has to put in a sprinkler system in the storage area. Alderman Dugger noted that although the Town’s code classified this as “S”, he feels that the code classification should be reviewed.

 

Planner Laird noted that the impact fee ordinance was recently passed. He noted the fee for a storage facility is $129 per 1,000 square feet. He wanted the applicant to realize this was another fee. Official Blanks added that Alderman Dugger had made a good point with a reduction of 90%. He stated that in the ordinance for the impact fee, which is a sliding scale, is 98% less than the residential fee. Mr. West appeared to be shocked of another fee. Mayor Lothers stated that she wanted it clear that this applicant has all the fees before them from staff. Official Blanks said that these fees had been given in a packet form to the applicant previously. Mr. Pierce confirmed that he had previously received this information.

 

The vote was taken and passed unanimously.

 

The meeting adjourned at 3:11 p.m. by acclamation.

 

Respectfully submitted, Approved,

 

 

 

 

Cindy Lancaster Beth Lothers

Town Recorder Mayor

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: September 6, 2007, Time 7:00 p.m.
Nolensville Elementary School

Vice-Mayor Tommy Dugger opened the meeting at 7:02 p.m. Members present were Vice-Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, and Ken Thomas. Mayor Beth Lothers was absent. Staff present: Counsel Robert Notestine, and Recorder Cindy Lancaster. There were 27 citizens present.

Prayer and pledge was led by Alderman Ken Thomas.

Citizens Input:
There were no citizen comments.

Vice-Mayor Dugger announced that Mayor Lothers had recently been released from the hospital. She is home and recuperating. He asks that everyone keep her and her family in their prayers.

Ms. Paulette Sullivan, Nolensville Road, addressed the Board with her concern in regards to the turning lane at Electronic Express. She noted that she would like to know how this will affect her property which is on the east side of Nolensville Road.

Vice-Mayor Dugger said he recalled the turning lane being a part of the approval process, although he could not remember exactly what was approved. Ms. Sullivan said that she felt this was a safety hazard because the turn lane comes to her drive. Vice-Mayor Dugger stated that the Town must abide by TDOT standards on Nolensville Road.

Alderman Alexander asked if Don Swartz had reviewed her concerns. Ms. Sullivan stated that she had spoke to Mr. Swartz on the phone. She said the he had mentioned six lanes. She said that he gave her a copy of the plan, but she could not understand it. Vice-Mayor Dugger stated he would follow-up with staff on this issue.

Mr. Frank Wilson, 7345 Nolensville Road, stated that he would like to comment on an issue within the Mayors Report.

Vice-Mayor Dugger told him this would be the appropriate time to speak. Mr. Wilson stated that in regards to (e) Firearms in the Subdivision, the Attorney General issued a ruling in 1998 that the state law overrules any local law. He said that this would ban any laws adopted by the Town and before this goes any further the Board should check into this. Vice-Mayor Dugger said that it was his understanding that this was going to be discussed due to complaints about someone shooting and hitting a cat in Ballenger Farms. He said that the Mayor has had multiple complaints. Mr. Wilson said that he was told it could be placed in an ordinance, although it could not be enforced.

Reverend Alfred Bennett, 7286 Nolensville Road, stated that he periodically goes to Ebenezer Church. When walking to the church they have to go through trash that smells like feces. He noted that it appears to be from the septic tank from the Mexican restaurant. He stated that the church members should not have to splash through this stuff. He further noted that something needs to be done to take care of this.

Ms. Betty Friedlander, 240 Norfolk Lane, stated that when she was Chair of Historic Commission this was a problem prior to the Restaurant. She noted that you could see toilet paper and it was a horrible smell. She was told that the County should be made aware of this issue.

Vice-Mayor Dugger said that the Building Official Michael Blanks had filed a complaint with the County on his behalf and they reviewed the area. The County stated that it was o.k. Vice-Mayor Dugger said that this can be reviewed again.

Alderman Alexander made a motion to approve the minutes of the regular meeting of August 2, 2007, Vice-Mayor Dugger seconded. The minutes were unanimously approved.

Vice-Mayor Dugger made a motion to approve the Beer Board minutes from August 2, 2007, Alderman Alexander seconded, and these minutes were approved unanimously.

Vice-Mayor Dugger made a motion to approve July Treasurer’s Report, Alderman Thomas seconded. The Treasurer’s Report passed unanimously.

COMMITTEE REPORTS:
Chair Rick Owens reported for the Planning Commission.
•Catalina Phase One final plat was approved
•Reserve at Bent Creek, Section II was approved
•Zoning ordinance amendment in regards to Architectural was approved
•A reduction for Nolen Park Phase II in the bond was approved, as well as the bond report

There was no report for the Historic Commission.

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
•Some Firefighters are in Rookie and EMT School
•22 Firefighters are in Extrication Class
•Nine are attending Responders Class
•October 7 – 13 is Fire Prevention Week
•Noted that next week is Anniversary of 9/11, 343 Firefighters lost their life in this tragedy

Due to the absence of Planner Henry Laird there was no report for the Planning Department.

Police Chief Paul Rigsby reported for the Police Department.
•Training is ongoing – Detective School was attended by Detective Ken Lee
•All officers have completed the annual fire arms training
•Officers are at Rocky Fork Road daily patrolling traffic for school

Mr. Bob Hayes reported for the Public Works Department.
•Noted that August has been the hottest month, they worked until noon each day mowing
•The big tractor a/c has broken due to the heat
•He stated that his largest complaint is trash, please be conscious of debris thrown out of vehicles.
•Noted there was an $800 repair on the Public Works truck

Suzie Lindsey reported for the Town Events Committee
•Will have a Veterans Parade on Saturday, November 10 at 11:00 a.m.
•101st Airborne has been contacted to participate
•After parade a special lunch will be provided to the Veterans and one of their guest
•Tickets for the meal will be sold to the public
•Forms for Parade are on web-site and at Town Hall

Mr. Harold Shafer from the audience inquired to the donations that have been received from donors for the 4th of July event. He noted that he has not heard a report on this issue. Vice-Mayor Dugger said that $4,500 had been collected which is more than half of the cost. He further said that he has had more positive comments on this event and again thanked this Committee for their hard work.

Mayor’s Report:
a.Waller Road update

Vice-Mayor Dugger summarized this report noting that this work is for the most part completed. He noted that they will be returning next year to place another layer of pavement on the Road. Alderman Curtsinger stated that it was his understanding that the road was supposed to be torn up and the base would be redone, in addition to enlarging the road. He also inquired to the amount of money that was spent on this project. Alderman Curtsinger stated that it was his understanding that the road was to be enlarged. He further noted that he would like to see a break down of this project and he hasn’t seen anything in regards to Waller Road. He stated that he would like to see this explained by either Don Swartz or Michael Blanks. Vice-Mayor Dugger said that he would have to pull his notes to review this Road.

b.Rocky Fork Road realignment update
Vice-Mayor Dugger noted that the Board was given a written update that is pretty lengthy. Alderman Curtsinger asked who was responsible for the steel and the oversight of the drainage ditch. He asked if it was Florence & Hutcheson, the Town, or who? He asked who did the design on the bridge. Alderman Curtsinger stated that if this goes back to Mr. Moon, shouldn’t he be the one who pays for it. Counsel Notestine stated that there will be an additional cost, but also there is an additional savings. Alderman Curtsinger asked again who designed the bridge. He further stated why should the Town pay for their oversight. He further inquired about the ditch and asked who was responsible. He reiterated that we should not pay for their oversight. Vice-Mayor Dugger stated that if there is an engineer oversight, they probably have an E and O that would cover this error. He stated that staff will review this and report back to the Board.
c. National Flood Insurance Update

Vice-Mayor Dugger did not report on this issue.

d.Economic Development Committee

Alderman Alexander stated that he attended a meeting with the Mayor in regards to this Committee. Mr. Innacone who recently retired from the Williamson County Economic Development gave some valuable information in regards to the initiation of this committee. He noted that the mayor is in the process of compiling names for this group and it will be valuable for the Town.

e.Firearms in Subdivision discussion

There was not a report on this issue.

f.Other

Vice-Mayor Dugger noted that the Broken Wheel Festival would be held this weekend with a breakfast beginning at 8:00 a.m.

Vice-Mayor Dugger asked approval from the Board to move item #13 on the agenda forward to discuss the interlocal agreement. He noted that Mr. Bobby Cook, Williamson County Attorney, was in attendance to answer any questions that the Board may have. The Board agreed to move this item forward. Counsel Notestine described Resolution 07-10, in addition to the interlocal agreement. He noted that Mr. Cook drafted this agreement and the Board could direct any questions to him. Mr. Bobby Cook, 2004 Roderick Lane, Franklin introduced himself and noted that this document will allow the Town control of this funding. He further noted that it is an avenue for the Town and the County to work together. Counsel Notestine inquired about how the County will determine the calculation. Mr. Cook stated that 30% of what is taken in by the County will be distributed to the participating municipalities. He stated that the percentage the Town receives is determined by the 2000 census. Counsel Notestine noted that this tax is applied to new development within Williamson County. Alderman Curtsinger inquired to the location of the new construction. Mr. Cook stated that it is all new construction within Williamson County. He stated that it does not matter where the construction is taking place, Nolensville will get a percentage based upon the 2000 census. Mr. Cook gave an example of total population in the County being 100,000 and Nolensville population being 25,000. Nolensville would receive 25% of the 30% collected by the County.

Mr. Larry Gardner from the audience asked if this tax was in addition to the tax currently collected. Mr. Cook stated yes.

Alderman Curtsinger made a motion to approve Resolution 07-10, a resolution to enter into an interlocal agreement with Williamson County in regards to adequate facilities tax. Alderman Alexander seconded and this passed unanimously.

Public hearing for ordinance #07-14, an ordinance to amend zoning ordinance 04-09, in regards to signs opened at 7:49 p.m.

Mr. Larry Gardner asked to describe the change. Vice-Mayor Dugger noted the height is being amended. He stated that electronic signs can only be changed once a day instead of flashing, He further noted that there is billboard language that is being cleaned up in order to become compliant. Vice-Mayor Dugger noted that there will not be signs on the roof, it addresses window signs, wall mounted signs, canopy signs, and signs on façade. He further noted that the Planning Commission had lengthy discussions on this ordinance.

Mr. Matt Happel, Planning Commission member noted that the Town Planner Henry Laird would be bringing an amendment next month to the Board.

There was no further public comment and the hearing ended at 7:50 p.m.

Second Reading of Ordinance 07-07, an ordinance to amend the zoning ordinance 04-09, in regards to Village area lot standards.

Vice-Mayor Dugger noted that this is second reading. Counsel Notestine stated that the Town Planner is more versed to address lot requirements. He noted that the maximum first floor area definition has been discussed extensively. He further stated that this is more of a clean up and addressing some issues that have not been previously addressed.

Vice-Mayor Dugger made a motion to approve this ordinance, Alderman Ken Thomas seconded.

Alderman Curtsinger stated that he was leery about this ordinance. He asked what was the maximum area. Counsel Notestine stated that he was not sure what it had been although he thought this was placing a maximum of 4,000.

Alderman Curtsinger stated that in lieu of some other things that are happening, he feels that some things may be excluded. He said that with Planner Laird not being here to answer some questions he feels that the Board should hold on this or even send it back to the Planning Commission. Alderman Curtsinger stated that he did not want to have to small of a first floor.

Alderman Alexander stated that this requirement would not allow a Target to be in this area. Vice-Mayor Dugger said that he did not feel that it was necessary to send this back to the Planning Commission.

Chair of the Planning Commission Rick Owens, 313 Baronswood Drive, addressed the Board stating that the Planning Commission had discussed this extensively. He said that the Historic area is separate and the Planning Commission did not want something to be to large in that area. It was an esthetic issue and the Planning Commission is not looking for large development in the downtown area. That is why this was changed to 4,000. His opinion was that this should not go back to the Planning Commission because it has been discussed extensively.

Alderman Curtsinger made a motion to defer this ordinance until next month, Alderman Thomas seconded. Vice-Mayor Dugger withdrew his initial motion to approve and Alderman Thomas withdrew his second. The vote was then taken on the deferral and passed unanimously.

Second reading on ordinance #07-13 an ordinance to amend the Zoning Ordinance 04-09, in regards to permitted structures within setbacks. Vice-Mayor Dugger made a motion to defer this ordinance until next month so that Planner Laird could answer questions, Alderman Alexander seconded, and this was deferred unanimously.

First reading of ordinance 07-15, an ordinance to amend Section 8, of the Municipal Code in regards to the sell of beer. Vice-Mayor Dugger stated that this is basically a clean up ordinance in order to comply with the new state law. Counsel Notestine described this ordinance noting that when the Town issues a beer permit and a clerk sells to a minor, the Town can revoke their license, in addition to impose a fine. He stated that in July the state passed a law requiring clerks to have training. He further noted that if they do not comply a $2,500 fine may be imposed due to it being a state law.

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

First reading of ordinance #07-16, an ordinance to amend the zoning ordinance 04-09, in regards to architectural standards in the Office Industrial (OI) zoning districts.

Vice Mayor Dugger stated that there was lengthy discussion on this issue at the Planning Commission. It did pass by majority with one no vote and one abstention. Vice-Mayor Dugger made a motion to pass this ordinance, Alderman Thomas seconded.

Mr. Larry Gardner, 2536 York Road, inquired to what this ordinance does to the OI. Vice-Mayor Dugger stated that it gives the authority to enforce architectural standards. Mr. Gardner then asked what property would be affected.

Vice-Mayor Dugger stated that Mr. Wells’s property is the only property affected. Mr. Gardner asked if these people must comply, or is it more of an advisory. Counsel Notestine stated that the Committee is advisory, but this has become part of the Zoning Ordinance. Mr. Matt Happel, Planning Commission member noted that the process is to meet the standards that are already within the ordinance. Alderman Curtsinger stated that it appears the Design Review Committee is not really needed. Mr. Gardner asked what is the Design Review Committee. Counsel Notestine stated that this is and advisory Board to the Planning Commission. He further stated that he did not feel this was being questioned correctly. Counsel Notestine noted that this Committee has come from state law. He explained this committee and its role.

Mr. Rick Owens stated that the reason this all arose is because the frontage on Nolensville Road. He said that consideration was given that in some Office Industrial areas the public uses this frequently. He said when people go into these establishments there will be some uniformity.

Mr. Matt Happel referred to the standards noting that the purpose is for an arterial or collector to have the same standards. He noted it is a first impression.

Alderman Curtsinger stated that the problem is requiring any Design Review on a collector. He said that he felt it would lead to arbitrary decision making. He noted that this has not been required before and it appears you are trying to backtrack.

Alderman Alexander stated that if the Design Review Committee selects a building that these requirements should apply, this committee would recommend only to the Planning Commission. Counsel Notestine agreed noting that it is applying some of the standards

Alderman Curtsinger asked if it wouldn’t be better to scrap this. Vice-Mayor Dugger said that the entire corridor zoning would have to be changed. Alderman Alexander noted that this is only the first reading and there is time to explore this further, although he noted he was fine with this ordinance.

Alderman Curtsinger stated that if there are too many restrictions, development will be stifled. He noted that the Town Planner was not here and asked if the CCO wouldn’t take care of this issue. Vice-Mayor Dugger stated that it would have to be rezoned.

Mr. Willis Wells stated that he was the only one affected. Alderman Curtsinger asked if Mr. Wells had a contract on this property. Mr. Wells stated that he did have a contract on this property.

Vice-Mayor Dugger stated that it was at Board level and it should remain at Board level. He noted that the Town has been lucky in regard to this issue and did not feel it would hurt to add facade criteria to the OI. He further noted that this is only first reading.

Alderman Thomas stated that he did not feel this would deter anyone from building in the OI. He noted it would be a minimal cost and this is something the people would want this Board to do. Alderman Thomas stated that he feels this would make it look good.

Alderman Curtsinger stated that he thinks the Board needs to see what is going in there. He noted that a sawmill could be built and it is set in the OI for that reason. He said that maybe the Board should look at something different versus something that will change one lot.

Vice-Mayor Dugger stated that dance studios are allowed and he didn’t think it will prevent anyone from building in OI. Alderman Curtsinger inquired about the cost. Vice-Mayor Dugger noted that everything is going to cost. Alderman Curtsinger asked what the CCO extension would do versus this. He asked would it not give the same affect and control on the main corridors.

Alderman Thomas stated that if he remembered correctly the OI is being used for so many purposes there is more public use and there is a lot more traffic. He stated that he felt that this is the responsible thing to do and it is not being taken to the extreme.

Alderman Alexander stated that he did not feel it would be an increase in cost and feels that the Board should move forward with the vote.

Vice-Mayor Dugger then stated all in favor and the vote was taken and passed by majority with Vice-Mayor Dugger, Aldermen Alexander and Thomas for, and Alderman Curtsinger against.

The meeting adjourned at 8:25 p.m. by acclamation.

Respectfully submitted, Approved,
Cindy Lancaster                     Beth Lothers
Town Recorder                       Mayor

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: August 2, 2007, Time 7:00 p.m.
Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:05 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, and Tommy Dugger. Alderman Ken Thomas was absent. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz, and Recorder Cindy Lancaster. There were 22 citizens present.

Prayer and pledge was led by Pastor Randall Jackson of Concord Baptist Church.

There were no citizen comments.
Alderman Dugger made a motion to approve the minutes of the regular meeting of June 28, 2007, Alderman Alexander seconded. Alderman Alexander noted that in the last paragraph, on page 5 it states plotted. This should read platted. Counsel Notestine stated that this could be corrected as a typographical error. The minutes were unanimously approved.

Mayor Lothers made a motion to approve the June Treasurer’s Report, Alderman Dugger seconded. Alderman Curtsinger noted that under miscellaneous the line item is approximately $15,000. He stated that he thought that was a large amount for miscellaneous. Alderman Dugger noted that this amount was for the entire year not a one-time or one month amount. Recorder Lancaster said that she would pull that information for the year and report to him. The Treasurer’s Report passed unanimously.

COMMITTEE REPORTS:

Chair Rick Owens reported for the Planning Commission.
•Catalina Subdivision was approved

•Zoning amendment proposals were passed to forward to board

•Monthly Bond Reports were approved

There was no report for the Historic Commission.

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
•Written report was submitted to the Board
•Burn ban has assisted in number of calls being lower
•Walk through was performed in the new school with four or five corrections which have been completed
•Explorers group has 10 members
•New web-site for the Fire Department is www.nolensvillefire.com

Mayor Lothers inquired to the ban on burn permits noting that several citizens have asked when this may be lifted. Chief Hughes stated that although there have been a couple of rains, the ground remains very dry. He noted that burns in a pit with curtains around it are allowed.

Henry Laird reported for the Planning Department.
•Work has continued on zoning amendments
•Subdivision plat reviews are ongoing
•Met with project developers
•Met with County Community Housing Department

Police Chief Paul Rigsby reported for the Police Department.
•Written statistics for June and July were distributed
•Performed a walk-through of the new school
•Officers will be in a significant number of trainings this year
•Officer Lee is the new Detective effective July 1st
•Williamson County Fair is this week and Officer Buckley is over the security for this event

Alderman Curtsinger asked if the Department had a plan in regards to traffic control for the new school opening in addition to the Sunset Schools. Chief Rigsby said his Department will do the best it can with the number of officers that will be available. He noted that the county will be providing the crossing guard as normal. Alderman Curtsinger inquired to the location of the crossing guard. Chief Rigsby stated that he wasn’t sure although felt it would be across from the entrance of the school. Mayor Lothers stated that she would be meeting with Principal, Beth Ferguson of Nolensville Elementary School and will obtain a map that she will distribute to the Police Department.

Mr. Bob Hayes reported for the Public Works Department.
•Continue to mow roads
•Continue to pick up trash and replace signs
•Noted that all equipment is operating properly

Mayor Lothers reported for the Town Events Committee

The Mayor thanked this committee for all of their hard work. They have met and evaluated improvements for next year. They are reviewing a Veteran’s Day Parade for Nolensville.

Alderman Dugger said that he concurred with the Mayor in the excellent job this committee did for the fourth Celebration. He noted that he has received numerous compliments on this event.

Mayor’s Report:
a.Rocky Fork Realignment update

Mayor Lothers noted that the bid resolution is on the agenda before the board tonight. She stated that the securing of right of ways, and permit deadlines has been accomplished.

Mayor Lothers stated that she is currently writing a proposal and will meet with the County officials in regards to the entrances of the park on Rocky Fork Road.

b.Surplus Property

Mayor Lothers noted that this board must approve any surplus property of the town’s, prior to allowing it to be sold. She stated that Chief Rigsby has been working on this and turned it over to him.

Chief Rigsby reiterated that this board must give its approval for disposal of surplus property. He noted it could be done by seal bid, hire an independent auction company or through an internet website gov dot deal. He submitted to the board a written list of the surplus property and requested that the board allow the town to place these items on the website. He further noted that the proceeds from the sold items will go back into general fund.

Alderman Alexander made a motion to approve this list as surplus and dispose of this property through the website. Mayor Lothers seconded and this was approved unanimously.

c. National Flood Insurance Workshop
Mayor Lothers noted that the town has completed all the steps for the application process in regards to the National Flood Insurance Program. She stated that FEMA will hold a workshop to further educate the town on this issue. She noted that the workshop will be held at 6:30 on August 14, prior to the Planning Commission meeting. She invited the board and public to attend.

d.Other
Mayor Lothers noted that Mr. Ron Darden with MTAS is currently working on a personnel manual for the board to review. Mr. Ralph Cross with MTAS has been meeting to update a Capital Improvements Plan.

Mayor Lothers noted that some citizens have inquired on how to get involved. She stated that there are vacancies on the Review Board. This candidate should have construction experience. The Storm Water Committee, Town Events Committee, in addition to an Economic Development Committee is being initiated. She noted that she has asked Alderman Alexander to be a part of the Economic Development Committee.

Mayor Lothers stated that Williamson County has requested that the town enter into an interlocal agreement. The county recently passed an adequate facilities tax to be implemented on July 1st. Nolensville will receive 30% of each dollar collected that could be spent on infrastructure of new schools. She stated that she has inquired about the light at Rocky Fork Road and was told that this money could be utilized for this expenditure due to the cost being directed at the new school.

Alderman Curtsinger asked if this money would be generated from the permits that were within the Town of Nolensville only. Mayor Lothers noted that it is unclear how all of this would work, although Mayor Anderson will be in attendance at the next board meeting to answer these questions. She stated that due to the opening of the County Fair this week, he was unable to attend. The board agreed to move forward on this interlocal agreement.

Mayor Lothers asked if there was any objection to changing the order of business to have the reading of Resolution #07-09, number 13 on the Agenda, moved so that discussion could begin on this item. She further ask that there be a 10 minute recess for the board to review the bids. The board was in agreement of this change.

The board recessed for the review at 7:40 p.m. and reconvened at 7:50 p.m.

Reading of Resolution #07-09 a resolution to accept a bid for the Rocky Fork Road realignment.
Alderman Dugger noted that the board has not had enough time to go through the guts of each bid. He asked Mr. Bobby Garland, with Florence and Hutcheson, if the products in the bid are of all equal quality. Mr. Garland said that all specifications in the bid are equal. Mayor Lothers asked Mr. Garland to explain how these contractors are pre-qualified with TDOT. Mr. Garland said that numerous forms are completed by the company and submitted to TDOT. TDOT reviews the companies and sets certain criteria that each company must comply. Alderman Alexander stated that all of these bidders will do the same job. Mr. Garland noted that these companies meet all of the same specifications. Alderman Dugger asked if we have received the letters of credit or a bid bond. Mr. Garland stated that we have a bid bond. Alderman Curtsinger asked how each of these differs. Mr. Garland stated that the only difference is the bid price that was submitted by the contractor. He then went into the tabulations from each company. Alderman Curtsinger inquired about the completion date. Mr. Garland said November 30th was the completion date.

Alderman Dugger asked if there was any penalty if not completed by that date. Mr. Garland said there is a liquated dollar amount that will be assessed to the contractor if the deadline is not met. There was extensive discussion in regards to the timeframe of the project completion date and the importance of this being fulfilled. Alderman Dugger asked for clarification noting that Construction Company “x” may do all the work themselves, but company “y” may subcontract it out, which may hinder a completion date. Mr. Garland said that Mountain State was a subsidiary of Jones Brothers. Mr. Kevin Henson, Vice-President of Mountain States, introduced himself and noted that there is a relation with Jones Brothers and Mountain States. He stated that the owners of each company are brothers. He said that Mountain has good control and wants to do this project for the town. He reiterated that the only connection is that the two owners are brothers. Mayor Lothers noted that she asked staff to do some research. Mr. Don Swartz, Town Engineer, said that he contacted the contractors in addition to references. He stated that he had only received three phone calls back. He noted that Nashville who had worked with Civil Contractors had done a great job. He noted that TDOT has worked with Mountain States and commended them. He also spoke to Mr. Rigsby, who is with Brentwood and praised Civil Contractors. Mr. Swartz noted that he has no personal experience with any of the contractors.

Mr. Wayne Evans with Civil Constructors noted that he is a local company in Franklin and have been doing this for a long time. He noted that they do most of the work themselves, with the exception of the bridge. He noted that they have state projects all throughout Tennessee. Alderman Dugger asked about the time line Nolensville has imposed. Mr. Evans stated that “it is pretty tight.”

Mr. Henson said he agreed that it is a tight schedule, but feels that his company can do this. He noted that the headquarters is located in North Carolina, although they are in Mt. Juliet, Tennessee. Alderman Curtsinger asked if they performed their own bridge work. Mr. Henson stated that they did.

Mr. Evans said that Brown Company does their bridge work. Alderman Curtsinger asked who would have done Brown’s road work. Mr. Evans stated that they gave prices for the road work to both Brown and Bell (two other companies that submitted bids).

Mr. Henson said they would sub out the asphalt work. Mayor Lothers noted that Nolensville is a very small town and must make sure they select a good company that is responsive. Mr. Garland said that previously he worked at TDOT. In working for the State he has worked with both of these companies and they are both capable. He further stated that he was aware that the town’s concern is the timeline. He stated that once the contract is entered into, there is a limited amount the town can do to fulfill the timeline. Mr. Garland said the town can call the bond, but will have to go through the surety bond company and this is a fairly long process. He said that he did not know how to advise the board other than to weigh out what they are telling you and make your decision. Alderman Curtsinger asked what role Florence and Hutcheson played. Mr. Garland said that they will be watching the contractor and if they are not performing this will be reported to the town.

Alderman Alexander asked if their companies had any bonds pulled previously. Both said they had not. Mayor Lothers asked each how quickly they could move on this project once approved. Both said immediately. Mr. Garland stated that once the contract is signed, a pre-construction meeting would be held and they would move forward. Mayor Lothers stated that a meeting has been set for 10:00 a.m. Monday morning. She noted that she has heard positive reviews on Civil from staff.

Alderman Curtsinger stated that his personal feeling is that this is a huge project and doesn’t know that it is good that the board hasn’t had time to review the documents. He said that if Florence and Hutcheson is overseeing this and all things are equal, the lower bid should be accepted. Mayor Lothers noted that these bids were not opened until Monday. She stated that this is the town’s second bid process. She further said that with all the work these contractors have put into this process she wished she could award it to all of them. Alderman Dugger said he agreed with the Mayor and if he did read the book he doesn’t know if he would understand. He noted that he has heard good things about Civil, although he has not heard anything about Mountain States. Mayor Lothers stated that her concern was with the transition of recent relocation of Mountain States. Mr. Henson said that he would be greatly disappointed if he did not get this project with being the low bidder. He further stated that he feels that he could find as many good references as Civil.

Mr. Harold Shaffer from the audience asked where is the Mountain States equipment location. Mr. Henson stated that Jones Brothers equipment is used. Mr. Aubrey Short stated that he thought the lowest bidder would be accepted.

Mr. Larry Gardner asked if the bids could be read aloud. Mayor read each bid:

Bell 1,751,083.95
Brown 1,493,600.00
Civil 1,460,302.54
Mountain 1,431,900.00

Alderman Dugger noted that Florence and Hutcheson had stated that they would let the town know if the contractor was not performing, but it is up to the town to enforce the contract. Mr. Garland said the bonding contract has a lot at stake also. Alderman Alexander said in his opinion it is a selection from the two companies which are here. Mayor Lothers agreed, and noted that deadlines are very important. She noted that although she likes Mountains numbers, she has concern of the time line. Mayor Lothers asked if Mountain States had any projects that deadlines had not been met. He said only one project was not completed on time. It was an act of God and was an issue with water.

Mr. Garland stated that he wanted to clarify that he worked for the State of Tennessee (TDOT) and has worked with both of these companies. He is unaware of completion dates being an issue with them, although Jones Brothers had projects that were not completed on time.

Alderman Curtsinger made a motion to accept Mountain State bid, Alderman Dugger seconded. Alderman Alexander commented that the town will be receiving the same product through all of the bidders. Alderman Dugger noted that he has heard a lot of good things about Civil, but has not heard any thing about Mountain, although he has heard of Jones Brothers. He noted that the town will certainly hold them to their time line. The vote was taken and this was approved unanimously. Mayor Lothers noted that the contract will be executed on Monday at 10:00 a.m.

Public hearing for ordinance #07-07, an ordinance to amend zoning ordinance 04-09, in regards to Village area lot standards opened at 8:30.

Mr. Laird went over this ordinance extensively. He noted this is the recommendation that has come from the Planning Commission.

There was no public comment and the public hearing closed at 8:34.
Public hearing on ordinance #07-13 an ordinance to amend the Zoning Ordinance 04-09, in regards to permitted structures within setbacks opened at 8:34.

Mr. Laird noted this ordinance is to make some clarification in regards to building within the building envelope.

Mr. Larry Gardner, 2536 York Road, asked what size of structures would be permitted. Mr. Laird stated that it would depend on what is being constructed. He read the ordinance noting several items such as air conditioning units, chimneys, open terraces, and uncovered decks. He stated that it varies with the type of structure. Mr. Gardner asked how close a deck could get to the property line. Mr. Laird stated that currently it could be built 10’ from property line in PUD’s; this would change to 5’ to the property line. Mr. Gardner asked if this would be allowed for all PUD’s. Mr. Laird stated yes. Mr. Gardner then inquired about Nolen Park. He noted that Bent Creek is the only subdivision that this would effect. He stated that all PUD’s are 11,000 square feet except Bent Creek. Mr. Laird stated that this has been reviewed different ways and every way that it was reviewed had an issue. Alderman Curtsinger asked for the difference between a gazebo and an attached deck. Mayor Lothers stated that this is a question for the Building Official. She stated that this is a public hearing and these questions can be answered prior to the next meeting.

Frank Wilson, 7345 Nolensville Road, said that he thought with a deck it couldn’t encroach on the back property line. He thought that was in the final draft from the Planning Commission. Mr. Laird stated that this document is what came from the Planning Commission with a couple of changes.

Mayor Lothers noted that there have been good points made and this will be reviewed before next month. The public hearing closed at 8:45 p.m.

Second reading of ordinance 07-09, an ordinance to amend the Zoning Ordinance 04-09 in regards to landscaping, lighting, and parking areas.

Mr. Laird distributed revisions for ordinance 07-09. He noted that these were changes that have been made since the public hearing. He noted this gives the Planning Commission more flexibility in regards to landscaping, lighting, and parking areas. He further noted that the Planning Commission has agreed with this ordinance.

Mayor Lothers made a motion to approve this ordinance with the amendments that Mr. Laird distributed. Alderman Dugger seconded. Alderman Dugger noted that he shares the concerns that Alderman Alexander has had in the past. Alderman Alexander stated that he appreciates what Mr. Laird is trying to accomplish. Although, he still has a problem with the Planning Commission or anyone having the authority to approve any plan that deviates from the Zoning Ordinance. He stated that no one should have that authority. He said that he does not feel that this is legal. Counsel Notestine noted that he has researched this and has found that other cities do not give the Planning Commission authority to change the Zoning Ordinance. Counsel Notestine stated that there are a couple of cities that allow the Planning Commission to make additional requirements for a plan.

Mayor Lothers noted that her concern was for an older business that must come up with a plan, or a small business downtown. She said that this may be a burden to these establishments. Mayor Lothers stated that this ordinance is good for new businesses coming into the area. It will allow staff more flexibility. Mr. Laird stated that this allows for a problem getting resolved quicker. He stated that currently they would go to Planning Commission and then approximately five weeks later they would go before the Board of Zoning Appeals. He noted that some of these decisions are judgment calls. He further stated that whatever this board feels comfortable with staff would comply.

Alderman Dugger noted that paving was mentioned. He stated that the Planning Commission could make a parking lot be paved or graveled. He stated that if this is the way the board wishes, isn’t there some way that it can be re-worded so that it would work.

Counsel Notestine stated that this board could give the flexibility to staff. Alderman Alexander stated that the wording could be changed so that it could become a part of the zoning ordinance, but not give the Planning Commission the authority.

Matt Happel, Sam Donald road, stated that he thought maybe we are looking for any thing that is an existing structure or adjacent to an existing structure.

After discussion Mayor Lothers withdrew her motion to approve, Alderman Dugger withdrew his second. This withdrawal was unanimously approved.

Alderman Curtsinger noted that maybe this should be started over. He noted that there is no reason to carry it forward like this.

Alderman Dugger agreed noting that he felt it is going to be significant changes.

Alderman Dugger noted that any tweaking to it would make significant changes. Mr. Laird has worked hard on this ordinance.

Alderman Alexander commended Mr. Laird on what he is trying to accomplish, but he could not vote for this ordinance as it is.
Second reading of ordinance 07-10, an ordinance to amend the Zoning Ordinance 04-09, in regards to the Historic District overlay

Mr. Laird did a brief synopsis noting the areas of discussion with a power point presentation. Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded.

Mr. James McCanless, 7371 Nolensville Road, stated that on the north end of the Historic District if one or more opted out of the overlay, they can. He felt that this should be offered to everyone.

Mr. Laird noted the procedure is that it must go before the Historic Commission. This Commission makes the recommendation and then it must go before the Planning Commission for their recommendation. He noted that to pull them out one by one would be unreasonable. Mr. Laird noted that it is a combination of things not just one reason.

Alderman Curtsinger asked for the reasoning for the Planning Commission to withdraw. Mr. Laird stated that it was more appropriate for older structures. He further noted there have been misunderstandings on the actual area. He noted that they would continue to be in the Village. Mayor Lothers noted that they would still have the same base zoning. Mayor Lothers said that she thought this was the original founder’s intent. Mr. Frank Wilson noted that the Historic Commission made this request.

Mrs. Joyce Allemore asked how far the District went. It was noted that it was to Tant’s Plants. Mr. Larry Gardner stated that at one time that was suppose to be the Village Fringe.

Alderman Dugger stated that he thinks there is a process that Mr. McCanless may go through to have it removed. Mr. McCanless said he just wanted it known that the town did not give people the opportunity to have it removed. Alderman Dugger stated that he felt it was a two step process.

The vote was taken and Ordinance #07-10 was approved unanimously.

First reading of ordinance #07-14 an ordinance to amend Zoning Ordinance 04-09, in regards to signs.

Mr. Laird noted that this is two-fold. He stated that there have been other cities challenged in court on sign issues. This ordinance is an attempt to improve legally. Mr. Laird added that this ordinance is also an attempt to compliment design standards, traffic, esthetics and maintain a neutral approach.

Mayor Lothers acknowledged the Franklin Planning Department for their assistance in this ordinance.

Alderman Dugger thanked Mr. Laird for doing such a good job of making a difference in the “old” and “new” ordinance wording.

Mr. Matt Happel demonstrated various signs through a power point presentation.

Mayor Lothers asked for any citizen comment. There were none.

Alderman Alexander made a motion to approve this ordinance and also noted that the Planning Commission approved this ordinance. Alderman Dugger seconded. Alderman Dugger noted that on page 5 it states that “sign as painted on the façade of a building.” He asked if roofs could be added. Mr. Laird stated that it could be added.
Alderman Dugger asked if signs on an awning were allowed in the Historic District. Mr. Laird noted that it is addressed in Appendix C. He further noted that he will review to see if it is addressed in the current zoning ordinance.

Alderman Curtsinger asked how this would affect murals. Mr. Laird stated that was a good question and did not believe that has ever come up. Alderman Dugger stated that an example would be on Westend with a mural of coaches. Counsel Notestine stated there are some wall sign limitations. Alderman Curtsinger asked again if a mural could be painted on a building. Mr. Laird stated there are some things that are allowed, but this will be reviewed.

Mayor Lothers asked if there was anything that covers drawings on a glass window. Mr. Laird stated that it would need to be determined if it is art or a sign. Alderman Dugger noted that Piggly Wiggly had signs on the windows and were changed weekly. He noted that this was tastefully done. Mr. Laird stated that this is addressed in section 3., subsection 1.5.1. (0).

Reverend Bennett interjected that Jay Nelson had done a wonderful job and Waller Funeral Home has done a great job.
Alderman Curtsinger asked how will this effect existing signs. Mr. Laird stated they will be held to the same standard. He noted that a new sign must comply with the new standards.

Alderman Dugger noted that an example would be if someone moved from the shopping center, and they did not change the structure, all they have to do is change the facing. Counsel Notestine said if it is the same building, there is a law on the books that addresses signs. He stated that it would be a non-conforming use. He stated that he would look into this, although he did not think it should stop this ordinance from moving forward. He felt it could be passed on first reading.

Alderman Dugger asked for clarification on page 8 section (e) and (f). He asked if that was referring to new construction. He noted this is a very important ordinance and although we want to be user friendly, we should review this extensively.
Alderman Dugger noted that he thinks we have some businesses where a sign may be needed on the side of a building. Mr. Laird said that he thinks Alderman Dugger is talking about two different areas. He noted that an example would be Brick Stone Café. He noted that they would have to change their sign facing Nolensville road. He noted the new retail center just north of town (known as Yazdian) tenants are in the backside of the building and they may want a sign in front.

Alderman Curtsinger asked if a 9” sign could be readable when you are coming down the road. Mr. Laird stated that would depend on how fast you are going. Alderman Curtsinger asked if there was an example of 9”. Mr. Happel showed a 9” sign on the power point. Mr. Happel volunteered to measure more signs, noting he has measured numerous ones to date.

Alderman Dugger made a motion to amend by deleting “mounted” in Section 3, Subsection 1.5.1 (I); this was seconded by Alderman Curtsinger. This was approved unanimously. The vote was taken on the ordinance as amended and passed unanimously.

Other: Alderman Curtsinger asked what the status was on Waller Road. He asked if it had been widen as agreed. He asked if they had done all the things that had been agreed upon. He noted that there were no shoulder lines on the road. Mayor Lothers noted that she wasn’t sure if this was complete and would check into this.

Mayor Lothers noted that the new school is opening and she hopes everyone gets a chance to go over to see this facility.

The meeting adjourned at 9:50 p.m. by acclamation.

Respectfully submitted, Approved,
Cindy Lancaster                      Beth Lothers
Town Recorder                        Mayor

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: June 28, 2007, Time 7:00 p.m.
Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz and Recorder Cindy Lancaster. There were 30 citizens present.

Prayer and pledge was led by Alderman Ken Thomas.

Mrs. Lynda Moses, Rock Springs Road, noted that she purchased American flags to off-set the cost for the community web-site. She noted that these flags may be purchased from her for $3.00.
Alderman Thomas made a motion to approve the May Treasurer’s Report, Alderman Dugger seconded, and this passed unanimously.

Chair Rick Owens reported for the Planning Commission.
•Final plat was approved for Bennington
•Final plat was approved for Sunset Park
•Final plat was approved with conditions for Nolen Park
•Zoning amendment proposals were passed to forward to the BOMA

Alderman Ken Thomas reported for the Historic Commission.
•Due to application withdrawal by Mr. McCanless the meeting was cancelled

Due to an emergency call Fire Chief Presley Hughes was unable to report for the Nolensville Volunteer Fire Department.
Henry Laird reported for the Planning Department.
•Various zoning ordinance amendments are being reviewed
•Impact fee project is ongoing
•Met with developers of perspective businesses

Mr. Michael Blanks, Building Official, introduced Mr. Bennie McCoy. He has been hired as a Building Inspector for the Town.

Police Chief Paul Rigsby reported for the Police Department.
•Noted that due to the date of the meeting written stats were not distributed to the board
•Introduced and swore in new police officer, Mr. Troy Buckley, noting he was previously the Chief of Coopertown and a Detective in Spring Hill.

Mr. Bob Hayes reported for the Public Works Department.
•Continue to mow roads
•Continue with dead animal removal
•4th of July function preparation is ongoing
•One tractor is not functioning, but should be up in a couple of days.

Mr. Hayes conveyed to the board if they had any concerns or suggestions to feel free to contact him or John.
Mayor Lothers noted that Tonia Smith will be leaving employment at the Town. A new employee has been hired to fill this vacancy and also become the Impact Fee Administrator dependent upon passage of the Impact fee tonight. Mayor Lothers introduced Mrs. Judy Simerson. The Mayor noted that she was previously employed as Town Recorder by Germantown and will be an asset for the Town of Nolensville.

Alderman Ken Thomas reported for the Events Committee
•Meetings have been ongoing every Monday to prepare for the 4th Celebration
•Restaurants will be providing food
•Volunteers are still needed with training being given on Monday prior to the Wednesday Celebration
•Children’s games will be available
•Police and Fire Department have worked hard
•Movie night is going very well

Mayor Lothers noted that the Nolensville Dispatch will have a map indicating the appropriate traffic paths. This will alert everyone about the planned detours. She stated that walkers are encouraged to bring their flashlights as it will be dark following the show. Alderman Thomas noted that First United Methodist Church is assisting and he thanked them for providing music for the event. He further stated that the Youth Athletic Department will provide concessions.

Mayor’s Report:

a.Rocky Fork Realignment Update
Mayor Lothers noted that there will be reading of a resolution which is on the agenda in regards to the Rocky Fork Road realignment. She noted she is asking the board to give approval to move forward on this project.

Mr. Swartz, Town Engineer, noted that it has been discovered that the water line relocation will cost substantially more than previously anticipated, but can be completed within the construction time frame. He noted that Atmos Energy is currently reviewing their gas line to see if it will interfere with the relocation. Mayor Lothers noted that she has been in contact with a property owner that will be affected by the realignment. Mr. Moon, Developer of Silver Stream, had previously agreed to give land to the property owner. She noted the property owner wanted a real estate expert to review his property to see if it would change his value in donating additional right of way. Mayor Lothers stated that he has requested that an outside engineer analyze the topography, in addition to the Town analyzing the current zoning to see if there would be a potential conflict. She stated that it has been determined that the road will be within 22 feet from the renter that he currently has at that location. She stated that the property owner feels that he may lose that tenant. Mayor Lothers stated that the property owner has concern of the short term effects and has asked for $24,000 from the Town for payment for this right of way. She demonstrated on the power point so that this right of way could be shown to the board.

Mayor Lothers noted that she had met with the county in regards to the park entrances and they wanted more of their staff to go to the site for further review. She noted that the county conveyed to her that they have several parks in the county that have only one-way in and out of the facility. The Town is currently compiling one other suggestion and Mayor Anderson has agreed to review this suggestion. She noted that one Recreation Board Member compiled a map indicating all families residential location that utilized the park. She stated that she has reviewed the other parks within Williamson County that have one way in and out and will present the difference between the locations.

Alderman Curtsinger asked the location of the land that is being offered to the property owner. He inquired to how the Town can make another property owner give up land. Mayor Lothers noted that Mr. Moon has agreed to donate the land on the back side of the property to the property owner. Alderman Alexander noted that the property behind the home, which was being offered, is a different zoning. Alderman Curtsinger questioned if Mr. Moon would give the Town access to the property. Alderman Curtsinger further asked if Mr. Moon gave the Town access to sewer. Mayor Lothers stated that it was her understanding that Mr. Moon has agreed to bring the sewer to the property owner. The property owner has been assured a tap. Alderman Curtsinger inquired if the sewer could be brought up to Nolensville road? Mayor Lothers stated that she would hope that Metro Sewer would look at the possibility to bring it to Nolensville Road.

Alderman Curtsinger stated that he would like to see it brought up to Nolensville Road. Mayor Lothers stated that it was her understanding anyone could tie on to the sewer. Mr. Swartz stated that to extend sewer to more than one individual it becomes a public extension instead of a private extension. Alderman Curtsinger asked if it couldn’t be made into a public extension. Counsel Notestine stated that the Town could probably go to Metro and make this request although; Nolensville would probably have to bear the cost. Alderman Curtsinger stated that he felt this request should be made to Metro. Mayor Lothers stated that this could be investigated.

b.Grant Updates
Mayor Lothers noted that the Town has received information that the Safe Routes to School grant through TDOT should notify the awarding municipalities at the end of August. She noted that previously the Town was told that notifications would be made by the end of May. She further noted that Beazer Homes and Mr. Kevin Fortney with Williamson County have worked hard on the sidewalk project for the school. She asked that the community again write a letter to the Governor to support the trail project and addresses will be posted on the web-site.

c.Other

Mayor Lothers noted that the week of July 16th through the 20th is being reviewed for a workshop to consider the FEMA application. Alderman Thomas noted that he would be out of town that week. Mayor Lothers noted that this would be scheduled and forwarded by email with the future date and time.

Public hearing for ordinance #07-09, an ordinance to amend zoning ordinance 04-09, in regards to landscaping, lighting, and parking areas.

Mr. Laird noted this proposed amendment is to give flexibility for approval to the Planning Commission in regards to landscaping, lighting, and parking areas. He noted that the Planning Commission already has some authority and this will give them further authority on these minor issues. He noted that the word variance could be removed to give the Planning Commission adjustment authority only. He said that he would have that wording for the board by the next meeting.

Alderman Alexander said that he felt this would be difficult, no matter what language was used. He stated that the Planning Commission has the authority in reviewing site plans, but they do not have authority to make adjustments or changes in any language in the zoning ordinance. He noted that this was his opinion.
Counsel Notestine noted that when the language stated variance he did not feel the Planning Commission had the power to grant a variance. He said that if it is managerial or minor, he feels that would be alright for the Planning Commission, although he said he would look over this again. Alderman Alexander stated that if the language was changed it may be doable.

There was no public comment.

Public hearing of ordinance #07-10, an ordinance to amend the Zoning Ordinance 04-09, in regards to the Historic District Overlay.

Mayor Lothers demonstrated to the board a map for their review. Mr. Laird noted that there are some text changes that would be forthcoming for the boards review prior to final reading.

There was no public comment.

Second reading of ordinance #07-11 an ordinance to amend Title 1, Chapter 1, of the Municipal Code of the Town of Nolensville in regards to fees. Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded, and this was approved unanimously.

Second reading of ordinance #07-12 an ordinance to impose impact fees. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded.

Alderman Alexander noted that within the ordinance under the plan it indicates a connection at Kidd Road and Fly Road. He noted that this was not in the Town’s Major Thoroughfare Plan. Mr. Laird noted that Florence and Hutcheson’s opinion was due to the curves in McFarlin Road they felt this would work better.

Alderman Curtsinger noted that Section 5 under “Refunds”, it states that refunds would be made. He noted that he doesn’t feel that money should be refunded. He noted if the Town has justification for obtaining the money then the Town should not entertain the thought of refunding the money. Alderman Thomas stated that he thought at the workshop it was stated that this could be extended to ten years. Alderman Curtsinger stated that he felt that the Town doesn’t have to refund those monies.

Mr. Clancy Mullins with Duncan and Associates stated that he feels the refund helps for the defensibility if this is challenged. He stated that cases have been won in Florida with this clause. Alderman Curtsinger asked how these amounts would be tracked. Mr. Mullins noted that this has been discussed with staff and he doesn’t feel this will be hard to track. Alderman Curtsinger asked if seven years was a magic number. Mr. Mullins said that seven is not a significant number of years. Counsel Notestine stated that ten years is a magic number in Tennessee State Law.

Alderman Dugger noted that this places the burden on the Town to refund the money. He noted that he felt it should say may versus shall. Mr. Mullins stated that he has seen ordinances that place the burden on the person paying and not the Town. He stated that he would change the wording, but it should be so that they would be refunded. Counsel Notestine noted that it says shall be returned to the current owner. Mr. Mullins stated that an alternative would be to return to original payer.

Alderman Thomas noted that the effective date has been discussed and currently it reads 90 days. He stated that he would like to see it altered to 30 days. Mayor Lothers noted that staff is ready if it is enacted tonight. Mr. Laird stated that he would like to see a 30-day window. Mr. Blanks stated that due to staff changes he would like to see a 30 day window, although it would be the board’s decision. Counsel Notestine noted that he felt if there was a reasonable implementation time this could be defended in court. Town Recorder Lancaster stated that accounting had been reviewed and this could be initiated upon passage. Mayor Lothers shared concern that a 30-day delay would create a run on permits.
Alderman Alexander asked if there have been any legal problems with this fee being imposed on plotted lots. Mr. Mullins stated that if there is vested laws there may be, although he did not think it was a legal issue. Mayor Lothers noted that she did not know if it could be argued that it was an overnight thing after Florence and Hutcheson completed the infrastructure study last October. Alderman Dugger stated that he agreed. He noted that the Town has been discussing an impact fee for over a year and he did not see a need to wait 30 days.

Alderman Dugger made a motion to amend Section 409, under “Refunds”, amend seven to ten, Alderman Curtsinger seconded and this was approved unanimously.

Mayor Lothers made a motion to amend page twelve the “90-day” clause to read “effective upon adoption” Alderman Dugger seconded and this amendment was approved unanimously.

Alderman Dugger asked for clarification in regards to all new development under section 5-407 – “Collection of Fees”. Mr. Mullins stated that he felt the word “new” could be removed. Counsel Notestine noted that someone could say that it may be retroactive if the appropriate wording is not used.

Alderman Curtsinger made a motion under Section 5-407 to remove “new” and replace with “affected,” and replace “first” with “each”. For clarification Alderman Curtsinger withdrew his motion and restated. Mayor Lothers seconded. This amendment was approved unanimously.

Alderman Dugger asked for clarification on Page 10, Section 5-410. He noted that he had a concern under Subsection 7 in regards to figuring credits you must go back to the beginning of the development.

For further clarification Mr. Mullins asked if the amendments were from the first reading or the strike-out version that was distributed. Mayor Lothers noted that the board must make an amendment to reflect the lower amount revised by the study which is in the strike-out version. Mr. Laird noted that Mr. Mullins had made revisions and a copy of this document was before the board. Counsel Notestine stated that a motion can be made to accept Mr. Mullins amendments.
Mayor Lothers made a motion to accept the amendments made to the draft which is incorporated in the actual text before the board. Alderman Alexander seconded and this passed unanimously.

Alderman Alexander noted that the board just accepted the version before them; therefore the previous amendments have not been officially made. Counsel Notestine clarified that the amendments could remain.

Alderman Dugger stated that he felt it is quite a burden to place on staff in regards to what improvements that have been made in the past, such as repaving Britain Lane that the Catalina Development will be performing. He asked if this would be a project that should get credit or not get credit. He further asked when new plans were approved by the Planning Commission would it state specific work (i.e. turning lane) or will it solely be the determination of the Administer. Mayor Lothers asked if questions arise would Duncan and Associates be available for clarification. Mr. Mullins replied they would be at the town’s service. He noted that the Town can not spend impact fees for repaving, although it must improve capacity. Mr. Laird noted that a guide is in the Florence and Hutcheson study.

Alderman Thomas asked if the Town foresees a team of people that will review the request to make the determination so that one person does not make this determination. Mayor Lothers clarified with Duncan and Associates that when a developer submits plans Duncan would review this so that the Town has interpreted the ordinance correctly. Mr. Mullins stated that this could be performed. Alderman Dugger stated that with new development it should be an easier process.

Counsel Notestine noted that prior to passage he wanted the board to be aware that any appeals are brought before this Board.

Alderman Dugger asked if Catalina Subdivision obtains a credit, would it be a windfall to him due to the Developer already having those costs built in. Mayor Lothers stated that she did not know if this board should get into the economics of that situation. She stated that the goal of the Town is to be fair. It was noted that the developer had committed to a turn lane. Mr. Mullins stated that would be a pre-ordinance credit.

Mayor Lothers asked for clarification on page 4, Section 5-404. She noted that the words say pro-rated, should it say rounded. Mr. Mullins clarified this statement explained pro-rated may be the preferred term.

Mrs. Carla Ediger noted on page 11, Section 5 –411 in “Administrative Charges”, it states that you “may” collect 2% above the impact fee that can go into the general fund. She noted that this board should review this and be clear if you want to obtain this 2%. Mr. Mullins clarified noting that this 2% would be in addition to the fee, not a part of the fee.

Alderman Dugger made a motion to amend Section 5-409 sub-section 5, and Section 5-411 sub-section 4 to delete the words “be entitled to” to read the Town “shall” assess a surcharge. Alderman Thomas seconded and this was unanimously approved

Alderman Dugger stated that he would like to note that in regards to a development “paying their way” on a 3,000 sq ft home being built in Nolensville, they have approximately $4,500 in fees. Alderman Alexander stated that these are the highest fees in Williamson County. Mayor Lothers noted she has looked at the numbers and comes up with a $200-$300 difference. She stated that this board can keep track of how this is affecting the Town and reevaluate this situation. She noted that her concern is commercial coming to town. She stated that commercial revenue is generated into the general fund for operating cost. She stated that again this can be reviewed at a later date. Mayor Lothers noted that adequate facilities tax and Impact Fee does not pay salaries, therefore commercial revenue is important for General Fund.
Alderman Dugger stated that on page 10, the expiration of credit is up to ten years. He asked if this should be shortened.

Mr. Mullins stated that he did not know if you have to have that provision. He stated that it is presumably a pre-ordinance credit, if a development is not completed within ten years they will begin paying the entire fee. Alderman Dugger asked where it states that it is a pre-ordinance credit. Alderman Curtsinger asked who would review these figures every three years. Mr. Mullins stated that it would be a reminder to staff to bring this forward. Alderman Curtsinger asked who would do the approval. Alderman Alexander stated that if changes are to be made it must go before this Board. Alderman

Dugger said that the word “shall” means it must be done.

The vote was taken on this ordinance as amended, and was approved unanimously. The Mayor recessed the meeting at 9:00 p.m.

The meeting was reconvened at 9:12 p.m.

First reading of ordinance #07-07 an ordinance to amend the Zoning Ordinance 04-09 in regards to Village Area lot standards.

Mr. Laird described this ordinance noting it was sent to Planning Commission and advanced on to this Board. He noted that it was sent back to the Planning Commission for further review and is now back before this Board. He noted that after further review the Planning Commission clarified a better guide and this ordinance was recommended unanimously by the Planning Commission. He noted this is an attempt to encourage low-impact development.

Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded. Alderman Dugger asked if two off-street parking allowances would be sufficient. Mayor Lothers asked if he felt that a residence needed more than two parking spaces. Alderman Dugger said most homes have more than two vehicles. Alderman Alexander stated that he did not see this as a problem. He noted that he did not see a family with kids occupying these apartments; he saw more of a two-member family being at this location. Mayor Lothers stated that this is a minimum. The vote was then taken and approved unanimously.

First reading of ordinance #07-13 an ordinance to amend the Zoning Ordinance 04-09, in regards to permitted structures within setbacks

Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded. Mr. Laird stated that staff has been working on the past interpretation in regards to what can be constructed within and outside the building envelope. The definition of a structure has been a question in the past. He stated that this ordinance is for clarification of the definition of “structure”, “building envelope,” and “building permit”. Mr. Michael Blanks noted that with this change it will make it reasonable to enforce. He stated that the current reading could include a mailbox or a bird bath. He stated that the Codes Department is in agreement with this ordinance.

Mr. Laird noted that this was approved unanimously by the Planning Commission. Mr. Laird then read the ordinance in its entirety.

Alderman Curtsinger asked for clarification on covered decks. Mr. Blanks stated that a covered deck is a structure and further noted that this will assist in issues that have been going before the Board of Zoning Appeals.

Alderman Alexander asked if there are generally drainage easements on the property line. Alderman Curtsinger asked where the five foot was determined. Mr. Laird stated that you can’t do much with five feet. Alderman Curtsinger asked if it was dependent upon the size of the lot and size of the house. He stated that the whole idea of a PUD was to preserve open space. He stated that it was the look we were trying to achieve and with this ordinance we are losing this look. Mr. Blanks noted that this would not be throughout the subdivision. Alderman Curtsinger stated that by this ordinance you are taking away the enjoyment. Mayor Lothers noted there has been an intern that has reviewed this within the county.

Mr. Blanks stated that a lot of work went into PUD’s. He noted that in section 5 it allows the ER zone to have a fence, although it does not in PUD’s. He stated that all best made plans need to be improved.

Alderman Alexander stated that because decks were allowed five foot from the property line is because the lots in Bent Creek are a lot smaller. Mayor Lothers stated that we changed the ordinance so this will not happen again and the minimum lot size is now 11,000 square feet. She noted that when she attended a conference she was told that the Town should look at the ordinance so that staff may enforce the ordinance correctly. A lot of BZA request indicate a need to look at the ordinance. Alderman Curtsinger stated that when Bent Creek came to Nolensville the board said the lots were too small and it was accepted by this Board. He stated that the entire intent was to preserve the open space. He stated that the only problems that we have had is when the builders have come in and built. He stated that we have only had a problem with one individual that keeps coming back.

Mayor Lothers stated that this issue has gone before Board of Zoning Appeals for numerous property owners. She stated that when she ran for Mayor she signed up to solve problems. She stated that to tell these people we are going to leave this ordinance the way it is, because we can, is not right.

Mr. Blanks stated that there are criteria within the subdivision. He noted that the Mayor made an excellent point. He stated that these are our citizens and if they come to us it is our duty to assist. Mayor Lothers noted that there have been several of these requests, not just one.

Alderman Curtsinger noted that the issue at hand should be addressed. The issue is the Mayor’s friend making a BZA request. Mayor Lothers clarified the situation noting that this citizen contacted her in regards to clerical errors that was sent to him by Town Hall. He asked if a new application could be submitted indicating a new plan. Mayor Lothers contacted the town attorney and he confirmed that the BZA decision is final and could only be reviewed by Chancery Court. However, Counsel Notestine did say that a new application could be brought before the BZA with a new request. Mayor Lothers confirmed this understanding with a MTAS Consultant from Knoxville. She stated that she has done nothing improper and she will not have false accusations made. Alderman Curtsinger stated that the board is addressing PUDs with allowing the property owner to build five feet from the property line with an uncovered deck. He stated that you are giving them something you are not giving other people in the town. He noted that these people should be going to their homeowners association. Mayor Lothers stated that if you want to be mad at the original builders be mad at them, but don’t stick it to the homeowners. It is the town regulations which prevent homeowners from enlarging their deck even by two feet.

Mayor Lothers then called for the question, Alderman Thomas second. All in favor of question were Mayor Lothers and Alderman Thomas. Opposed were Alderman Alexander, Curtsinger, and Dugger.

Alderman Dugger stated that he had a concern with five feet to a pocket park versus open space, as being a safety issue. He stated that if it is clear open space it would be alright, although if it is a pocket park it is different. Alderman Alexander stated that he has been to Ballenger Farms and he is not sure if residents on either side of a larger deck would appreciate that structure.

Alderman Curtsinger asked about chimneys being built three feet out. He inquired if it would encroach. Mr. Laird stated that it is closer. Mr. Blanks agreed that it is closer, but this is common in others areas. He stated that ten feet on the rear and beside could possibly give you twenty feet. He further stated that he had trouble understanding how the Town began interpreting the ordinance that it has. Alderman Alexander stated that he recalled in talking with Metro, they agreed ours is like their ordinance. He stated that they have to make a difference with a roof being over the deck. Mr. Blanks stated that this is not a general rule of thumb for every lot. He noted that drainage easements have to be reviewed and various things must be taken into consideration.

Mr. Laird then went over his recommended amendments. Mayor Lothers made a motion to amend Section 3.1.”projecting not more than three feet into the required rear and side setback; flagpoles and two- family or dwellings, rear or side setbacks”. Alderman Dugger seconded and the amendment was approved unanimously. The vote was taken on passage of the ordinance as amended. This was approved by majority, Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, and Alderman Curtsinger against.

Reading of resolution #07-08, a resolution to accept bids for the Rocky Fork realignment. Mayor Lothers made a motion to approve this resolution, Alderman Alexander seconded.

Alderman Thomas made a motion to amend by adding, “to acquire additional property for a right of way”, Alderman Dugger seconded.

Alderman Dugger asked if there was a maximum amount being considered. Counsel Notestine stated that a maximum amount should be noted. Alderman Alexander clarified that the property owner has agreed to $24,000 with the rear property. Mayor Lothers stated that is a separate commitment between the property owner and the Developer Mr. Moon. She stated that the property owner has been promised things by this other individual and the promise has not come through. Alderman Alexander said then we should not take that into consideration. Mayor Lothers stated that the only other choice would be to review condemnation. She noted that there would be a cost that would be incurred to condemn property. She noted that the Town already has a lot of money invested in this project currently. She noted that staff has worked hard to keep this project on track. She stated that she is asking the board to keep this piece of the project moving forward. Alderman Curtsinger asked if the Mayor had this in writing. The mayor stated that she did. Alderman Thomas clarified that if this amendment passed the Town is agreeing to purchase this land with out the contingency of another’s action.

Alderman Dugger stated that the Town is not going to sign an agreement until the Town has the property for the right of way. Mayor Lothers stated that the Town is not going to begin the bid process unless the Board agrees to purchase the right of way. She stated the engineering plan has this right of way and we need to secure this right of way. Alderman Dugger said that the bid process should begin pretty rapidly after the right of way is acquired. Counsel Notestine noted that this resolution is asking to begin the bid process.

Alderman Alexander stated that if the Town accepts this bid there will be some cost involved in the survey and recording. Mayor Lothers stated it was her understanding that the survey has already been completed. Counsel Notestine noted that would be a negotiating portion. Alderman Alexander noted that a survey could be a cost up to $3,000; Alderman Dugger noted that $3,000 was well within the Mayor’s authority to spend. Alderman Thomas stated that in order to do it right we must move forward.

The vote was then taken on the amendment and passed unanimously.

Alderman Dugger asked if the Mayor would be accepting the bid. Mayor Lothers made a motion to remove the last whereas section in its entirety, Alderman Dugger seconded. This passed amendment unanimously. The vote was then taken to approve the resolution as amended. This passed unanimously.

The meeting adjourned at 10:15 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                  Beth Lothers
Town Recorder                    Mayor

Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: May 3, 2007, Time 7:00 p.m.
Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Codes Officer Don Swartz, and Recorder Cindy Lancaster. There were 31 citizens present.
Prayer and pledge was led by Brant Brandon with Greystone Baptist Church.

Citizens Input:
Mr. Alfred Bennett, Nolensville Road, noted he had a vision impairment and had limited sight. He stated that he thoroughly enjoys these meetings. He noted that we are going to have a beautiful city, further saying that beautiful people make a beautiful city. He asked that everyone should watch being critical. He then told a story with the final meaning to ignore “nit-pickers”.

Mr. Tom Seagram, 722 Cowan Drive, spoke on behalf of the Fire Department. He stated that he was not fully informed, but it appears there is one million dollars placed in the budget. He asked the board to consider giving the fire dept what they have requested. He further inquired if the town had in place an ordinance that does not allow door to door salespeople. He further stated that if the town does not have this in place to please review. Chief Rigsby stated the town does require a solicitation permit, although once this permit is obtained they are allowed to solicit door to door.

Ms. Lynda Moses 2230 Rock Springs Road, noted that an attorney named Rick VanAntwerp contacted her in regards to the ethics violation, not Mr. Rutherford. She stated that he told her that it was evident Alderman Curtsinger did violate the code of ethics. She asked if anyone cared how the media and black blog site obtained information. She noted that information becomes available to these groups although only the board has received a copy of particular information. She asked if it was ethical that the media obtains information and then it is distorted into an embarrassment for our town. She noted that before and during the election candidates spoke of a time for healing. She further said that she has never seen the animosity displayed against innocent people as currently is being demonstrated. She noted that there has always been a difference of opinion although there has not been retaliation because someone did not get their way. She asked when Alderman Curtsinger’s unethical stunts will end. She noted that it is a long time before the next election and we have a lot of serious work to do together. There is a better way and it is up to Nolensville citizens to make this happen.

Mayor Lothers noted the next agenda item before the board is the approval of the regular meeting minutes of March 1, 2007. She noted that these minutes were deferred last month in order for clarification. Transcripts were provided to the board to review. She asked if Alderman Curtsinger had anything to add due to the clarification request he had last month. Alderman Curtsinger referred to a letter that the Mayor had received that stated he did not want to serve on the Historic Zoning Commission due to Rich Woodroof and the problems he was having. Alderman Curtsinger stated that the Mayor had said all of the committees and this was incorrect. Mayor Lothers stated that she said only one. Alderman Curtsinger stated the minutes said all of the committees and he wanted that corrected. Mayor Lothers stated that she did want to clarify that she received a letter from Alderman Curtsinger on January 9, after the BOMA meeting. She stated that in January, by acclamation Alderman Curtsinger was appointed to the Historic Zoning Commission.

Mayor Lothers stated that after this vote, the letter was received where Alderman Curtsinger stated that he did not want to serve on the Historic Zoning Commission with Mr. Woodroof. Mr. Woodroof has never been the staff member that worked with the Historic Zoning Commission. Mr. Henry Laird works with this Commission. Mayor Lothers stated that she chose to be gracious in not bringing that to light publicly. She also pointed out in the February approved minutes she stated that Alderman Curtsinger had wished to not serve on the Historic Zoning Commission. At the March meeting we had to confirm this change by vote of acclamation. Mayor Lothers stated that she would agree on that one statement. Alderman Curtsinger stated that the April minutes did not reflect that statement. Mayor Lothers noted that a letter that is received as a personal communication is not a part of the minutes. It only becomes a part of the meeting minutes if it is discussed during the actual meeting.

Alderman Dugger made a motion to approve the minutes with the amendment to remove “all” the committees and to reflect the Historic Zoning Commission, Alderman Curtsinger seconded and this passed unanimously as amended.
Alderman Dugger made a motion to approve the regular meeting minutes of April 5, 2007, Alderman Alexander seconded. This was approved by majority, Alderman Alexander, Curtsinger, Dugger and Thomas for; Mayor Lothers abstained due to not being in attendance at this meeting.

Mayor Lothers made a motion to approve the treasurer’s report, Alderman Dugger seconded. Mayor Lothers noted that a treasurer’s report was submitted in writing. She noted that the town has contacted MTAS in regards to the treasurer’s report. The Mayor noted in order to have up to date, accurate data she requested permission to back this report up one month. It is difficult to complete the end of the month figures for a meeting that meets the first Thursday of the month. The time frame does not allow time for those numbers to be complete and up-to-date. The board will have ample time to review this report and submit questions in writing by the Monday prior to the meeting, to the Recorder. Sufficient time will be given so that those questions may be answered in detail. Alderman Alexander and Alderman Dugger agreed with this process. Mayor Lothers noted that once clarification is received from MTAS, this will be conveyed to the board. The vote was taken on the treasurer’s report and this was approved unanimously.

COMMITTEE REPORTS:

Chair Rick Owens reported for the Planning Commission.

• Site plan for A+ storage was approved
• Site plan for Mr. Ken Kelly’s property on Nolensville Road was approved with variances to be requested

Recommendations were made to BOMA that will be heard tonight

Bob Crigger Commission Member reported for the Historic Commission.

• Billy Ozburn requested a sign be placed at the corner of Nolensville Road and New Clovercroft Road. The Cemetery Board has agreed to provide the sign.
• The expense to move the McCord home will be the Nolensville Historic Society’s responsibility.
• Alderman Thomas reiterated that the home and land was donated to the Nolensville Historic Society.

• Lynda Moses stated that a 501c(3) was applied for by the Society. An estimate of approximately $20,000 has been received in donations to move the structure. She noted that Mr. Ozburn is communicating with a surveyor about this project.

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Thanked the board for attending the March Annual Banquet
• In process of replacing radios to allow communication with any/all departments
• One firefighter joined, total of 30 is on the roster

Henry Laird reported for the Planning Department.

• Zoning amendment recommendations in regards to the Historic District Overlay
• Various recommendations will be presented to the BOMA in June

• Planning Commission will review an ordinance in regards to the definition of a structure

Police Chief Paul Rigsby reported for the Police Department.

• Written stats were distributed to the board

Mr. Bob Hayes reported for the Public Works Department.

• John Strasser has been hired full time
• Litter pick up is daily
• Dead animal pick up has increased with this becoming almost daily
• Mowing has begun
• Sign installation is ongoing

Mr. Hayes conveyed to the board if they had any concerns or suggestions to feel free to contact him or John.
Mayor Lothers noted that the county had reviewed the roads with public works. A list has been completed with the estimate of the road repair. Mayor Lothers thanked Mr. Hayes and John Strasser for their hard work. Mayor Lothers noted that John has received an EPSC certification from TDEC that will allow him to be trained with Florence & Hutcheson to inspect Erosion Control in regards to Rocky Fork Road realignment project. She noted that this will save the town approximately $11,000.

Mayor Lothers reported for the Town Events Committee

• Permission to use the property behind Nolensville UMC has been obtained for the fireworks display
• This Committee is actively pursuing the recovery of the $8,500

Mayor’s Report:

a.  TDOT Signalization Meeting
Mayor Lothers noted that the town must go through the proper process to obtain the signalization. She noted that she had met with TDOT. She noted that staff provided an aerial map to show the current and projected numbers for each development and provided a copy of the Transportation Infrastructure Study. This meeting was productive. The Transportation Infrastructure that has been done was given to TDOT.

b.  Rocky Fork Road Realignment
Mayor Lothers noted that Mr. Don Swartz has been valuable in working on the Rocky Fork realignment and then turned the presentation over to Mr. Swartz. Mr. Swartz noted that the relocation of this road was driven by Williamson County. The County required Mr. Moon, developer of Silver Stream, to donate the right of way and engineering plans work and submit it to the town. This was done some time ago. He noted that lane assignments on Rocky Fork Road approaching Nolensville Road are of concern. He noted that left turn lanes will oppose each other on Rocky Fork and Clovercroft Road at the Nolensville Road intersection. For the new intersections to align correctly property owners are being approached to accommodate this request. He stated that there had not been soil analyses performed. The town had done this and sink holes have been found that need to be addressed. Mr. Swartz stated that the largest issue is the location of a 20” and 12” water main. He stated that these are located in private easements. Mr. Swartz said that these issues were “unknowns” and must be dealt with accordingly. He noted that this will need to be relocated with the town bearing the cost. He stated that Nolensville and the utility company will meet to address this issue. Mr. Swartz stated that the water company does not want this moved in the summer months, due to the large demand of water within these months. He noted that there has been some concern in regards to sewer, these concerns have been resolved and will be able to move forward. He stated that there is a 3” gas line that will need to be relocated. He stated that this has not been surveyed adequately enough to fully make complete determinations in regards to the gas lines. Mr. Swartz had a copy of the plans that he periodically referred to the board. Mr. Swartz stated that the largest concern at this end (demonstrated on the map) is establishing the removable pavement at Rocky Fork Road and Newsome Lane. The decision was made to remove the road bed. This will create a dead end at this east location in terms of access at the ball park. He noted that he felt this would create a bottle neck. He stated that the town is currently talking to the county to provide a drive at the east end. He noted that the school was introduced after these plans were submitted. He noted that the main issues at this point are the intersection lane assignments and widths, accessibility to the park and utility work required.

Alderman Alexander asked if these issues will escalate the cost. Mr. Swartz stated that the relocation of utilities as well as right of way purchase will require unanticipated funding. Alderman Alexander clarified that construction plans should identify easements. Mr. Swartz concurred with Alderman Alexander that the plans should identify. Mr. Swartz further noted that several engineers have worked on this plan. Alderman Alexander asked if the liability would lie on the person who presented these plans. Counsel Notestine stated that he was not sure. He noted that Williamson County is the entity that required this and he was not sure of the guidelines set by the county. He stated that he would need further information on specific data. Mayor Lothers stated that she felt the town was in a good position in regards to the financing of this project until these obstacles were revealed. She noted that a cost of approximately $7,000 would be for Geo Tech survey, with inspections being approximately $9,000. She stated that when crayfish were located this increased the contract to approximately $16,000. This was approximately $36,000 more that the town had anticipated. She further stated that if this board does not get some of these issues resolved it will be doing a disservice to the town. Alderman Thomas asked if it is known how the delays will affect the timeframe of the project as a whole. Mr. Swartz stated that initially it was hoped to have this project completed prior to the new school opening. Mr. Swartz stated that currently the utility company holds the key as to when the utility can be moved. He stated the bridge work can be done now in preparation for the utility work being done in the winter. He felt that the town would be looking at 90 days for the roadway construction period once utility relocation occurred.

Alderman Curtsinger asked if this could be done without acquisition of property. Mr. Swartz stated that he did not think it would operate the way the town had anticipated without the acquisition. Alderman Curtsinger stated that if we don’t have those issues worked out, that will hold up the process. Mr. Swartz noted the signalization issue, also. Alderman Curtsinger noted that the school traffic may be an issue. Mayor Lothers stated that she had discussed this with Mr. Fortney with the Williamson County School system. She noted that since January and the calling of the special BOMA meeting to award the engineering management contract, everything has been handled in a timely manner. However, some of these issues require dialogue with the county, as well as the utility district and it will take some time to get these issues resolved. She reiterated that she needed direction from this board. Alderman Dugger stated that if we build a $900,000 road, we want it to be done right. Alderman Curtsinger asked what were the town’s intentions in regards to acquiring property. He asked if property would be condemned. Mayor Lothers indicated that every effort would be made to work out agreements with property owners with condemnation. Alderman Thomas stated that he would echo that we need to get the right of way easement instead of saying that one day it will work right. He noted that in regards to funding, he feels that this information is needed to make an informed decision. Mayor Lothers stated that we will get you some more concrete figures. Alderman Dugger stated that hopefully the utility district will work with the town on this issue. Alderman Alexander stated that it is important to make that connection onto Newsome Lane.
Mr. Rick Owens said it appears several issues do need to be resolved, although it needs to move forward and not stall out. He noted that a dead end was mentioned on Rocky Fork Road, and asked how traffic would be rerouted. Mr. Swartz stated that it is anticipated with the realignment, this would become a dead-end with Newsome Lane being extended south. He noted that Rocky Fork would dead end. He stated there are a couple of options with one being the driveway connection and another would be a property swap.

Alderman Curtsinger inquired about the traffic figures. Mr. Swartz stated that he did not think the county had provided a traffic count. Alderman Curtsinger stated that he did not think that we have the police manpower to handle this. He asked about the possibility of a temporary signal. Mr. Swartz stated that he has not heard of temporary signalization. Mayor Lothers noted that Bent Creek is a concern. She noted that the key would be to have patrol at Rocky Fork/Clovercroft/Nolensville Road. Mayor Lothers thanked the board for their time on this. She noted that discussion had been lengthy, but is an important issue to the town.

c.  Impact Fee
Mayor Lothers noted that Duncan and Associates has completed their study. She asked Planner Laird to elaborate. He noted that they will assist in the administration of this fee. They are now finalizing this report and are hoping to get have this completed by the end of May or the beginning of June. He stated that the town will have some changes that will be coordinated with Duncan and Associates. Once this is completed it will be presented to the board in ordinance form. He noted that they are two to three weeks ahead of schedule due to the town pushing this project.

d.  Other
Mayor Lothers stated that Mr. Kevin Fortney, with Williamson County Schools has begun the sidewalk. Beazer has agreed to complete the sidewalk from Ballenger Farms connecting it to the county sidewalk. This sidewalk will be from Ballenger Farms and connecting to the new school.

Reading of resolution #07-07, a resolution to amend resolution #06-15, a resolution of intent in regards to Flood Plain issues. Mayor Lothers noted that the previous resolution passed by this board had a typographical error that pertained to a different section. This is being corrected. Alderman Dugger made a motion to approve this resolution, Alderman Alexander seconded, and this passed unanimously.

Public hearing of ordinance #07-06 an ordinance to adopt a budget for the Town of Nolensville for fiscal year 2007-2008 opened at 8:06

Mayor Lothers asked that the budget subcommittee reconvene to consider some things within the budget. Additionally, she again thanked the members again for their hard work. Alderman Dugger noted that he felt that a meeting was scheduled to address the capital improvements budget. It was noted that this meeting could accommodate both issues. Mayor Lothers opened the floor for public comment.

Chief Presley Hughes addressed the board giving a brief history of the Nolensville Fire Department. He stated that the Nolensville Volunteer Fire Department is a non-profit 501c (3) organization. He noted the department has never been a part of city government or county government, noting this department works under a contract having a board of directors. He noted the Fire Department board is charged to establish a budget. The first annual payment received from the town was $22,000. Chief Hughes continuously referred to percentages. He noted that the Nolensville Volunteer Fire Department has purchased hundreds of thousands of dollars of equipment. He said the county told them years ago that they needed to start an account much like the rainy day account the town maintains. He noted they operate as a business. He stated it would be impossible for them to operate if they did not have this account. He noted that this department submitted a budget to the Town. He stated that Ms. Carla Ediger stated that because there was a surplus the requested amount was not given. He stated from 1996 to current date the department expenditures have exceeded revenues. He stated that last year their department had a budget surplus. He stated that this department has had $300,000 deficit for several years. He noted that we must be pro-active. He stated that if someone calls with a problem we have to be ready. He noted that if they need our services they need it then. He stated that since 1996 to present, the towns given a total of 14.59% to the Fire Department, with the county being more than 44%. He stated that the Fire Department’s board has had the foresight and had to get loans to conduct business. He noted that they are grateful for everyone’s donations. The Town of Nolensville budget proposal will fund only 37% with 58% service. He noted that the town has had tremendous growth. He noted that one of your family members will need our service sometime. He stated that this department has an ISO rating of 5, which is an approximate 50% savings on insurance. He stated that the Nolensville Volunteer Fire Department does not have a vote for the town’s budget. He noted that the Fire Department is the only section that returns to the citizens. The police department does not have a rating that affects insurance. The Fire Department does. The contract with the Town of Nolensville demands service from the Fire Department. The Fire Department takes this very seriously.

Mayor Lothers asked for clarification in regards to the town and its attempt to support the fire department with facilities tax money. She noted that $250,000 for construction of the building and an annual payment of $47,000 for pumper truck. She further noted that neither of these items will be owned by the town. She asked if the county paid the fire fighters.

Chief Hughes stated that the County does not provide salary. Mr. Butch Jenkins said that the county provides retirement which is approximately $70,000 County wide. It was noted that it is approximately $1,000 per member. Chief Hughes noted that salary is not a part of the fire departments budget. Chief Hughes asked that the town separate the pumper truck, so the town could make this payment. He stated that the county pays the fire department insurance. Additionally, the county makes a fuel cost adjustment and has done so for the past two years. He noted that the county realizes their cost rises also. Mayor Lothers asked if she could have a copy of Chief Hughes comments so that she can present them to the sub-committee.

Mr. Harold Shaffer noted that the county has been spending extra funding on the communications. Chief Hughes noted that the department moved and bought land in 1989 with intentions of constructing a building.

Mr. Duane Ediger noted that previously Chief Hughes stated this department operated in a deficit of $300,000, do you have loans? Chief Hughes stated that yes, they had loans. Mr. Ediger inquired to how much they currently owed. Chief Hughes stated that he did not know that amount. Alderman Dugger noted that if you have loan, you have assets to offset. Alderman Dugger stated that Chief Hughes mentioned the short sight of the committee; he noted that this committee cut every department’s budget. He stated that several budgets were cut more than $3,000. Alderman Dugger stated that he had told Chief Hughes that he would review this, has done so and may have a solution. Alderman Thomas stated that since the last review there has been some further data gathered and there may be a possible solution.

Public hearing closed at 8:37

Second reading of ordinance #07-01, an ordinance to amend the Zoning Ordinance 04-09, in regards to second and third floor residential units above commercial and office units. Mr. Henry Laird stated that if this ordinance needs to be more restrictive further investigation needs to be pursued on this issue.

Mayor Lothers made a motion to defer, Alderman Alexander seconded, and this was deferred unanimously.

Second reading of ordinance #07-03 an ordinance to amend the Municipal Code of the Town of Nolensville in regards to fee schedule. Alderman Dugger made a motion to approve this ordinance, Mayor Lothers seconded. Alderman Dugger stated that in working with Michael Blanks in regards to reviewing fees, Alderman Dugger made a motion to amend this ordinance by adding “Commercial” above “Values and Residential with Commercial” with a statement stating, “The most current edition of Building Valuation data published by the International Code Council (ICC).” Alderman Alexander seconded. The amendment passed unanimously.

Alderman Curtsinger asked for clarification in regards to previously saying that we had to go with what was currently adopted. Michael Blanks stated that as small as Nolensville is, he would like to see that the town stays with the 2003 Edition of the ICC. He noted that this ordinance has nothing to do with the adoption of the 2006 Edition. He stated that it is strictly the valuation data that is being adopted. Counsel Notestine noted that currently there is a flat dollar rate. He stated that this rate will change annually as the valuation sheet changes annually. Mr. Blanks stated that this will streamline the entire process. The vote was then taken on this ordinance as amended and passed unanimously.

Second reading of ordinance #07-04 an ordinance to amend the municipal code of the Town of Nolensville in regards to careless driving. Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded. Alderman Curtsinger stated that he thinks the language in section 2, “private” is setting up some legal problems. Alderman Dugger stated that if the police see someone in the parking lot doing doughnuts, or going up on a curb the officer should be able to issue a ticket. Mayor Lothers stated that she witnessed a child almost get hit going into Sonic. Alderman Curtsinger stated that the property owner has a right to file a complaint. Alderman Alexander asked for a legal opinion. Counsel Notestine stated that he and Paul addressed this issue last month and the police have a duty whether it is private property or not. The vote was taken with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, Alderman Curtsinger opposed. This ordinance passed by majority.

Second reading of ordinance #07-05 an ordinance to amend the municipal code of the Town of Nolensville in regards to false alarms. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded. Alderman Dugger stated that this ordinance was amended last month and the new version is before the board. Mayor Lothers asked Alderman Curtsinger if he had any questions in regards to the amendment. Alderman Curtsinger asked if this has time limits or is it spelled out within the ordinance. Chief Rigsby and Chief Hughes stated that they did not have a problem with the amendment. The vote was then taken and passed unanimously.

First reading of ordinance #07-07 an ordinance to amend the Zoning Ordinance 04-09 in regards to village area and lot requirements. Mr. Laird described this ordinance and conveyed the recommendation made by the Planning Commission. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded.

Mayor Lothers made a motion to amend by changing the 8,000 square feet to 4,000 square feet in regards to the Village area, Alderman Alexander seconded. Alderman Dugger inquired as to the Planning Commission recommendation. Mr. Laird stated that there were concerns, although nothing specific was recommended. Their comments were to do some investigation, but keep it moving. Alderman Alexander confirmed that the ordinance was reviewed, although this particular amendment was not. He noted the 8,000 figure was discussed in conjunction with the Historic District. Mr. Matt Happel stated that the Planning Commission did discuss any new building must be compatible with the adjacent structures. Alderman Thomas asked if it was correct by saying the amendment would make it more compatible. It was noted that statement was correct. Mr. Larry Gardner stated that he thinks it makes a difference with the fringe and that it has been discussed in the past.
There was extensive discussion on this ordinance and the size. It was noted that the only line added would be 4,000.

Mayor Lothers revised her motion to include the impervious ratio, Alderman Alexander seconded. Alderman Curtsinger stated that he felt this should go back to the Planning Commission and be reviewed by this group. Alderman Dugger stated that the Planning Commission extensively reviewed and discussed this ordinance and the only correction was the one figure. Mayor Lothers withdrew the amendment stating that this will go to the Planning Commission for review. By acclamation the board agreed to send this ordinance back to the Planning Commission for comments.

First reading of resolution #07-08, an ordinance to amend the Zoning Ordinance 04-09, in regards to flags. Mayor Lothers made a motion to approve this ordinance, Alderman Dugger seconded.

Mayor Lothers noted that she had made an error in not bringing this back to the BOMA for their review.

Mr. Alfred Bennett stated that during the incorporation, the concern of flags and banners was due to used car lots with flags. This is the reason this is being addressed.

Mayor Lothers stated that recently President Bush signed into law that a Homeowner Associations cannot limit the number of flags being flown. She noted that when there are visibility issues these are addressed within other parts of the ordinances. She stated that this recommendation is a common sense solution. She would like to ask this board to get in a practical mode. She stated that she had asked the Town Planner to come up with this solution.

Mr. Laird went over the proposed changes. He noted the definition would be separate. He went over the ordinance extensively.
Alderman Dugger asked for the Planning Commission vote. Mayor Lothers stated the vote was 5 to 3 against making any changes. Mayor Lothers noted that the Planning Commission’s role is to make recommendations and this board has to decide whether to accept those recommendations or make changes. She noted that according to the Tennessee Code the legislative body has to make that ultimate decision. She stated they can override the Planning Commission, although they must ensure that the Planning Commission had an opportunity to review. She noted that she had met with Ron Darden with MTAS to make sure the town was following process. She noted that this will be first reading and there will be a public hearing.

Alderman Curtsinger stated that it may be unpopular, but that no change may be necessary. Mayor Lothers asked Alderman Curtsinger why he had changed his mind. She understood he had contacted the town recorder when this was originally discussed in regards to initiating a change in the flag ordinance. Alderman Curtsinger stated he did not contact the town recorder.

Alderman Dugger stated that the intent of the board is not being anti-patriotic, although this amendment will affect every commercial business up and down Nolensville Road. He stated that it currently discusses 50’ and this does not address any footage. He stated that he felt the board should look at the total picture, not one incident.

Counsel Notestine stated that we tried to look at what a court would do and he felt that the proposed amendment could be won pretty easily. Counsel stated that the supremacy law says that lower jurisdiction cannot dictate to a higher jurisdiction.

Mayor Lothers stated that there are mechanisms that address visibility and other issues.
Alderman Alexander stated that he has received one phone call on this issue. Alderman Dugger suggested to erect a pole with a hoist and have it lit properly. He stated that it is not whether it is a flag or not, it is what we want a commercial building to look like within the Town of Nolensville. He stated that he was flexible, but thinks we need to come up with some standard. There are other towns that have limits.

Counsel Notestine stated that zoning is the power of government to promote the safety, health, and welfare, if the board passes something that promotes this it will normally agree.

Alderman Curtsinger stated that this has gone before the Planning Commission several times, and he doesn’t think we can live by the threat of a lawsuit all the time. He stated that he thinks the town needs to live by what the Planning Commission recommends. Alderman Curtsinger stated that he did not feel this is the solution.

Mayor Lothers stated that when she campaigned door to door citizens inquired to what is the big deal with the flag issue? She stated that we have to have common sense and this is an example where we can be problem solvers. Alderman Thomas asked if we could look into this further to review some more control that would fit into the look of the town. Mayor Lothers asked Alderman Thomas if he would consider making an amendment. Alderman Thomas stated that if the town had some quality control to find that common sense solution and to give some clear boundaries.

Alderman Alexander stated that he checked with Davidson County and they have a limit of every 25 feet. He stated the he did not like it and would prefer that the town stick with the current ordinance. Alderman Dugger said this business may put up 10 and another company come in and put up twenty. He asked where would it stop. Alderman Thomas stated that not only appearance but, quality should be taken into consideration.

Mayor Lothers stated that if you look at it esthetically, what makes 50 foot better than 25 foot. She stated that she is not here to assign motive, but how does this promote safety and welfare.

Alderman Alexander asked Mayor Lothers what was the compelling reason for the change? Mayor Lothers stated that she feels it puts the town in a compromising position, with the federal government’s opinion and with the media. She stated that she will not get in front of a camera and defend this decision, especially with the more serious issues such as Rocky Fork Road.

Alderman Thomas made a motion to amend by adding, “That flags shall be hoisted on a permanent flag pole”. To section 2 appendix B., Mayor Lothers seconded the amendment.

Counsel Notestine stated that it gets hard late at night to resolve some of these issues. He reminded the board that this is only first reading. Mayor Lothers noted that there will be a public hearing also. Alderman Curtsinger stated that we have been through this so many times, we need to vote on this and move on. Alderman Curtsinger called for the question.

Alderman Thomas asked if this should be deferred. Alderman Dugger noted that there was a call for the question. The board voted unanimously for calling of the question. The vote was taken on the amendment with Mayor Lothers and Alderman Thomas for, Aldermen Alexander, Curtsinger, and Dugger against.

Mayor Lothers made a motion to defer until next month, Alderman Thomas seconded. Alderman Curtsinger stated that it does not need to be deferred; it needs to be dealt with tonight. He stated that it has been before the Planning Commission and in workshops.

Mayor Lothers stated that she doesn’t feel things are fruitful when it is emotional. Alderman Alexander asked if this was voted down could something different be brought back to the board.
The vote was taken on deferral with Mayor Lothers and Alderman Thomas for, Aldermen Alexander, Curtsinger, and Dugger against.

Mayor Lothers withdrew her original motion to approve, Alderman Thomas withdrew his second. Counsel Notestine noted that this was now off the agenda. Alderman Dugger asked what is the process. Counsel Notestine stated that it has gone before the Planning Commission and if the Mayor and/or another board member would like to bring this back to the Board of Mayor and Aldermen they could do so. Counsel stated that when the motion was withdrawn, there was no motion and not a second.

Reading of resolution #07-05, a resolution to revise fees for the Town of Nolensville as provided in ordinance 04-01, amended by 04-09, for the Town of Nolensville. Counsel Notestine made a clarification that this appears to be an amendment to an ordinance. He stated that it is not, it is amending a resolution. Alderman Dugger made a motion to approve this resolution, Alderman Alexander seconded, and this was approved unanimously.

Codes of Ethics Violation Report Woodroof – Alderman Curtsinger. Alderman Alexander stated that he did not see anything else that could be done other than accept this recommendation, Alderman Thomas seconded. This passed unanimously.
Codes of Ethics Violation Report Rigsby – Alderman Curtsinger

Mayor Lothers made a motion to approve the recommendation, Alderman Dugger seconded.

Alderman Curtsinger stated that within this letter from Counsel Notestine, there is a hollow threat because the state does not deal with these complaints. He stated that the questions still had never been answered. He stated the only person that could have known anything about this, is Chief Rigsby. He admits that he went to town hall and within ear shot of other people.Alderman Curtsinger stated that was not very professional.

Alderman Dugger stated that number one the town needs to look at the ethics bill and put a time line within this document. He stated that it certainly needs to be a timeframe within reason, maybe a few days or a week. He stated that he did not feel someone should be allowed to file a complaint beyond six months or a year of an incident. Mayor Lothers stated that she felt a long period of time had lapsed from the origin. She stated that she does not totally agree with Alderman Curtsinger's interpretation of Counsel’s letter. Alderman Curtsinger stated that the paragraph reads that “the time has come that we have to stop all of this stuff.” He said that it should have been stopped long ago with Larry Felts. He stated that the fact that you did not hold “Larry Felts and Darrin Scheff to the same standard as you did to me, I think we have a problem with our Town Attorney and our Ethics Officer.”

Mayor Lothers stated that there are so many large issues in Nolensville. She said lets do what is best for Nolensville, not just talk about doing work, let’s do work.

Alderman Dugger stated that since Mr. Larry Felts was mentioned, Larry took his penalty graciously and moved on. He said whether he deserved it or not, he took it and went on.

Alderman Thomas stated that you must look at team dynamics one thing you look at is trust. He said that we need to trust. He stated that he looked forward to the day when the board can work together and do positive things. He said that we can move forward and get past this. He stated that he would like to see us move forward. Alderman Thomas said pointing fingers is not a good way to move forward. He said let’s learn from the past and embrace the future.

The vote was taken with Mayor Lothers, Aldermen Alexander, Dugger, and Thomas for, Alderman Curtsinger against.
Alderman Dugger inquired about yard sales on commercial property and maybe this needs to be reviewed. He requested that the Planning Commission review and address this issue.

The meeting adjourned at 10:04 p.m.
Respectfully submitted, Approved,
Cindy Lancaster                Beth Lothers
Town Recorder                  Mayor

Board of Mayor and Aldermen Meeting

Date: April 5, 2007, Time 6:00 p.m.

Nolensville Elementary School

 

Vice Mayor Tommy Dugger opened the meeting at 6:04 p.m.  Members present were Vice Mayor Dugger, Aldermen Jimmy Alexander, Joe Curtsinger, and Ken Thomas.  Mayor Beth Lothers was absent.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, and Recorder Cindy Lancaster.  There were 20 citizens present.

Prayer and pledge was led by Reverend Elijah McGee, pastor of Ebenezer Methodist Church.

Mr. Alfred Bennett, Nolensville Road, stated that tonight an agenda item in regards to Historic District apartments within the Village area would be discussed.  He stated that he owns rental property in various locations.  He noted that every time a tenant moves from the property it must be extensively cleaned.  Trash is normally left behind.  He recommended to the board, that if this is allowed please make it a condition that the tenants rent the entire building, not just the apartment.  If the shop owner rents the apartment, they would be more apt to keep both areas clean.  Mr. Bennett noted that this is from his experience in regards to rental property.

Mr. Deyo Leonard, 1233 Creekside Drive, stated that his concern was in regards to the school zones.  He stated that from 3:00 to 4:00 p.m. this is a 15 mile per hour speed zone.  The lights are blinking in the area, although citizens do not respond.  He noted additionally there are conflicting signs.  One sign states abide by school zone while children are present and the other sign states when lights are flashing.  He noted that the parents of the children appear to be most of the violators.  He asked the board their plans for regulating this school zone.  He stated that signs should be up at the new Rocky Fork school and the town doesn’t have enough officers to watch the school zones.  What can the town do to get Williamson County out to monitor this issue.  He referred to a child that had been hit during the fall semester by a teen  age driver.  He asked the board if he should lead a group on this issue, he further stated that he would stand out in this area if he needed to assist in this endeavor.

 

Vice-Mayor Dugger noted that previously there was a similar complaint.  The patrol in the area was enhanced.  He noted that he would forward this request to Mayor Lothers.  Vice Mayor Dugger reiterated that the town is concerned with citizens safety.

 

Alderman Alexander made a motion to approve the regular meeting minutes of March 1, 2007, Alderman Thomas seconded.  Alderman Curtsinger noted on page two it should state that due to Rich Woodroof’s participation in the Historic Commission, Alderman Curtsinger did not participate.  Counsel Notestine stated that the recorder could listen to the minutes and this can be changed.  He further noted that minutes do not have to be approved this evening, they can be approved at the next board meeting.  Vice-Mayor Dugger stated that it was his opinion the minutes were correct.  Alderman Alexander noted that if there is a debate as to what was said the minutes can be deferred so that the recording can be reviewed.  Alderman Alexander withdrew his motion to approve the minutes, Alderman Thomas withdrew his second.  Vice Mayor Dugger made a motion to defer, Alderman Alexander seconded.  The motion to defer was unanimous.

 

Vice Mayor Dugger made a motion to approve the treasurer’s report, Alderman Thomas seconded.  There was no discussion and this report was passed unanimously.

 

COMMITTEE REPORTS:

 

There was no report for the Planning Commission.

 

Chair Wanda Barker reported for the Historic Commission.

 

• Carol Pierce inspected the McCord home and cannot designate it as a Historic Site
• County has agreed to move with no cost to the McCords or Town
• Plans are being reviewed for the future of this structure

 

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

 

• First quarter calls have increased per written report submitted
• Referred to the percentage of 58.14% of calls
• Noted there were two letters sent to budget sub-committee
• Base station and one radio must be replaced
• Inner operational radio should be in within 90 days
• Budget was submitted to town

 

Vice-Mayor Dugger reported for the Codes Department.

 

• Noted a written report was submitted

 

Police Chief Paul Rigsby reported for the Police Department.

 

• Written stats were distributed to the board

 

Public Works Director Lonnie Bowden reported for the Public Works Department.

 

• Every drain in town limits has been reviewed
• Mowing begins next week

 

Alderman Curtsinger inquired about a large pot hole that was on Newsome Lane.  Mr. Bowden stated that he had turned this over to Mr. Michael Blanks and he hasn’t heard back from him about this issue.

 

Budget Committee Chair/Vice Mayor Tommy Dugger reported for the Budget Committee.

 

• Noted this Committee will be presenting the Budget to the Board tonight.

 

Susie Lindsey reported for the Town Events Committee

 

• Briefly described the fireworks display planned for July
• Noted that Pryoshows would perform this event for the Community

 

Mayor’s Report:

 

Vice Mayor Dugger stated that Mayor Lothers attended a meeting with the state in regards to signalization.

 

 

Vice Mayor Dugger noted that Mayor Lothers is in contact with Florence and Hutcheson.  The town was recently notified that crayfish were located within the creek and further requirements must be met to protect these species.

 

 

Vice Mayor Dugger stated that Mayor Lothers had met with FEMA and it was discovered that a resolution will be before the board in order to complete the application process.  Previously the board has passed a resolution, although another resolution must be addressed to complete the process in order for Nolensville to be recognized by FEMA.

 

 

Vice Mayor Dugger noted that a workshop was held with discussion being focused on the Historic Area and flood plain issues.

 

 

There were no comments.

 

Public hearing of Ordinance #07-01, an ordinance to amend the zoning ordinance 04-09 in regards to second and third floor residential units above commercial and office units was opened at 6:36.

 

Mr. Alfred Bennett reitereated the comments that he had presented to the board earlier.

 

Mr. Deyo Leonard, stated that he was unfamiliar with this ordinance, although he felt an issue of parking may be of concern to the board.

 

Vice Mayor Dugger noted that if this ordinance passed, codes must be abided by and this would include parking to be addressed.

 

Ms. Wanda Barker, Chairperson of Historic Commission, stated that she agreed with Mr. Bennett’s comments.  She noted there would be good and bad occupants.  She stated that she would prefer purchasing versus renting.

 

Ms. Lynda Moses, from the audience stated “ditto”.

 

Town Planner Laird stated that this ordinance addresses the Village area and sets the conditions which are already allowed in the CS area.  Currently there are no conditions in the CS zone.

 

There were no further public comment.   The public hearing was closed at 6:40.

 

Second reading of ordinance #07-02 an ordinance to amend the Municipal Code of the Town of Nolensville in regards to court litigation tax.  Counsel Notestine explained this ordinance.  Alderman Thomas made a motion to pass this ordinance, Alderman Alexander seconded.  This passed unanimously.

 

First reading of ordinance #07-03, an ordinance to amend the Municipal Code in regards to fee schedule.  Counsel Notestine noted that the following few ordinances are first readings.  He explained the process of an ordinance and noted this particular ordinance addresses fees.  Vice Mayor Dugger noted that Michael Blanks has surveyed other towns and this is basically an inflationary measure.  Vice Mayor Dugger made a motion to approve, Alderman Alexander seconded.

 

Vice Mayor Dugger made a motion to amend this ordinance to add Sprinkler Permit Fee for $65.00, Alderman Alexander seconded.  Alderman Thomas inquired if the town is currently absorbing the Sprinkler Inspection cost.  Vice Mayor Dugger stated that was correct.  There are no fees in place currently to re-coup this cost to the town.  This amendment passed unanimously.

 

Mr. Bob Crigger, 995 Dortch, stated that the Nolensville College Grove Utility currently charges a backflow fee of $45.00.  It was noted that this is not for the same service.

 

The vote was taken with the ordinance being approved unanimously as amended.

 

First reading of ordinance #07-04, an ordinance to amend the Municipal Code of the Town of Nolensville in regards to careless driving.  Vice Mayor Dugger noted that this was brought to the Mayor by Chief Rigsby.  Chief Rigsby stated that this ordinance would allow an officer to write a ticket for a situation that would not constitute a severe reckless driving charge, although a step below.

 

Mr. Deyo Leonard asked the Chief if this would be a moving violation that would go on someone’s permanent record.  Chief Rigsby stated that it would go on the permanent record.

 

Alderman Curtsinger asked if the town had jurisdiction in a private parking lot.  Counsel Notestine stated that the town does not have jurisdiction if someone is sitting in a private parking lot.  Chief Rigsby stated that if someone pulled out of a private parking lot, squealing tires; this individual could be cited.  Chief Rigsby further stated that the officer could cite the individual, although it would be the judges final determination of the offense.

Alderman Thomas made a motion to pass this ordinance, Alderman Alexander seconded and this passed by majority.  Vice Mayor Dugger, Aldermen Alexander and Thomas for, Alderman Curtsinger against.

 

First reading of ordinance #07-05, an ordinance to amend the Municipal Code of the Town of Nolensville in regards to false alarms.  Counsel Notestine stated that this ordinance addresses issues that is currently not in the Municipal Code.  Chief Rigsby stated that the Nolensville Volunteer Fire Department, in addition to the Police Department, are having increased numbers in false alarms.  He noted that the Fire Department is in favor of this ordinance.  Chief Rigsby pointed out that false alarms would be counted within a twelve month period, not a calendar year.  Vice Mayor Dugger asked if it would be difficult in regards to record keeping doing twelve month versus a calendar year?  Chief Rigsby felt there would not be a problem.  Alderman Thomas inquired about notification prior to testing, asking if that would count towards a false alarm.  Chief Rigsby stated that it would not.  Alderman Thomas asked about the possible liability if someone called stating they were a resident testing, although it was not a resident.  Paul stated that if it was serious a 911 call would be made and he would respond.  Alderman Curtsinger inquired to notifying the alarm companies and how that would be handled.  Chief Rigsby stated that most cities have alarm permits and the alarm companies are good about contacting town hall for a permit.  Alderman Curtsinger stated that a penalty is already in place per Section C, who would make the determination of a penalty?  Chief Rigsby stated that the Fire Department would normally be the authority on this determination.  He stated that it depends on the situation.  Alderman Curtsinger stated that he did not like that wording.  Fire Chief Hughes stated that much of his departments concern is with commercial.  He said that they tend to not repair a fire alarm.  Vice Mayor Dugger stated that he was in agreement with Alderman Curtsinger, if the fire or police department arrive on a scene they will not be able to determine if the system is in need of repair.  Fire Chief Hughes stated that he was in favor of keeping Section C.  Alderman Curtsinger stated that the wording “determine whether it is being used properly” concerned him.  Alderman Curtsinger made a motion to amend by deleting “and may cause an inspection of such system to be made at any reasonable time thereafter to determine whether it is being used properly and in conformity with state and local regulations”, in Section C.  Vice Mayor Dugger seconded and the amendment passed unanimously.  Vice Mayor Dugger made a motion to approve the ordinance as amended, Alderman Alexander seconded and this passed unanimously.

 

First reading of ordinance #07-06, an ordinance to adopt a budget for the Town of Nolensville for fiscal year 2007-08.  Counsel Notestine stated that each year a budget must be adopted and takes effect July 1.  Vice Mayor Dugger stated that the Budget Sub-Committee has recommended this budget.  He thanked David Rowland for his hard work on the committee and introduced him to present the budget.   Mr. David Rowland addressed the board going over the budget explaining in detail the revenues and expenses.  Vice Mayor Dugger made a motion to approve the ordinance, Alderman Thomas seconded.

 

Vice Mayor Dugger opened the floor for citizen comments.

 

Fire Chief Presley Hughes thanked the committee for meeting with him during the process.  He addressed the supplemental pay for the firefighters.  He stated that this is the only benefit obtained by the firefighters.  He noted when this was initiated it began at $18,000 and it has remained at $18,000.  Last year the department requested that this be increased and again this same request has been made.

 

Chief Hughes stated that additionally a 5% increase was requested for the budget contribution.  He stated that written justification was submitted to the committee.  He stated that this is due to the increase in the number of calls increasing to 58%.  The town’s portion should be 39.36% of the budget.  The town is getting 58% of the calls and paying only 37%.  This requested increase was only $3,250.  Alderman Curtsinger clarified that this request was made to increase the fire fighters pay.  Chief Hughes stated that statement was correct.  Vice Mayor Dugger asked Chief Hughes to explain the pay process to the board.  Chief Hughes stated that when an emergency call is made the firefighters come to the fire hall.  If a truck leaves the firefighters must stay at the hall (if not on vehicle).  There is a time clock and the fire fighter “clocks in and out”.   The fire fighter must arrive within six minutes of the call.  Additionally, they receive pay for two training meetings per month.  Vice Mayor Dugger inquired if the county paid the volunteers.  Chief Hughes stated that the county maintains a LOSAP program.  An audience member inquired if the budget included donations.  Vice Mayor Dugger stated that it did not.  Chief Hughes stated that the fire department is the only department that generates money for the town.  The Fire Department requests donations.  The Police Department, Public Works or Codes Department does not.  Vice Mayor noted that last year $25,000 was budgeted for donations and this year $27,000 has been budgeted.  Carla Ediger, member of the Budget Sub Committee stated that the Fire Department audit from last year shows contributions as being $39,000.  Chief Hughes stated that he did not have a copy of that document with him.

 

Alderman Curtsinger asked how were the numbers for the Town Hall and Recreation Center calculated?  Vice Mayor Dugger stated that these numbers came from the Mayor.  Vice Mayor Dugger stated that he did not want to speak for the Mayor, although he felt this figure came from the county.  Alderman Curtsinger referred to a capital improvement plan.

 

Ms. Ediger stated that MTAS has been contacted and it has been projected to have a capital improvements budget by mid-July.  Alderman Curtsinger stated that MTAS states this goes before the Planning Commission.  Vice Mayor Dugger stated that a Capital Improvements budget was adopted on April 7, 2005.  Alderman Curtsinger stated that this must be changed annually.

 

Alderman Curtsinger stated that there is a market increase with the Police Department and Public Works and this board can’t come up with $3,200 for the Fire Department.

 

Ms. Ediger stated that the town did not have excess revenue.  The Fire Department had approximately $25,000 in excess revenue.  She stated that it did not seem sensible to increase the funding for this department with excess revenue.  Alderman Curtsinger stated that maybe the police should solicit for donations.  He stated that the Public Works Department runs their vehicle on Concord Road and throughout Davidson County, it seems that the Fire Department could be increased.

 

Vice Mayor Dugger stated that the Budget Sub-Committee worked hard and if Alderman Curtsinger wished to make an amendment he could do so.  Alderman Curtsinger stated that he did not see increasing the other departments.  Vice Mayor Dugger stated that an amendment could be presented.

 

Alderman Thomas stated that he did not serve on this Committee, although he did attend some of the meetings and felt that this group did support the Fire Department.

 

Alderman Curtsinger made a motion to amend the budget by adding $3,250 in the fire department operating and increase $18,000 to $24,000 in salaries, and return to cut some of the other budgets, this motion died for a lack of a second.

 

Alderman Thomas stated that he agreed $9,250 was not a substantial amount of money, but would like to see where the funds would come to cover this increase.

 

The expenses were discussed extensively.  Alderman Curtsinger stated that the Fire Department is being penalized, due to this organization obtaining donations.  Ms. Ediger stated that she did not feel they were being penalized, although after reviewing the audit it was a logical decision.

 

Alderman Thomas stated that he felt the board was opened to reviewing the numbers.  The $50,000 engineering line item was discussed.  Vice Mayor Dugger stated that the Budget Sub-Committee had to trim $250,000 off everyone’s budget.

 

Alderman Curtsinger made a motion to add $9,250 ($3,250 to operating and $6,000 to salaries) to the Fire Department budget and decrease the engineering expense line item.  This motion died for a lack of a second.

 

There was extensive discussion on line items and various possible cuts.  Vice Mayor Dugger called for the question.  Vice Mayor Dugger, Aldermen Alexander and Thomas voted for the call.  The vote was then taken with Vice Mayor Dugger, Aldermen Alexander and Thomas for approval, Alderman Curtsinger against.  First reading of ordinance #07-06 passed by majority.

 

Reading of resolution #07-04, a resolution to request A T & T to enter into cable franchise negotiations in the Town of Nolensville.  Counsel Notestine noted that this resolution authorizes the board to request state legislation to support the town in regards to cable franchise.  Alderman Curtsinger asked the purpose of this resolution.  Counsel Notestine stated that A T&T is getting into the cable business and wishes to by-pass municipalities and enter into an agreement with the State of Tennessee only.  Currently the town requires cable companies to have franchise agreements.  Basically A T & T does not want to pay the municipalities franchise fees.  Alderman Thomas made a motion to approve this resolution, Vice Mayor Dugger seconded and this passed unanimously.

 

Reading of resolution #07-05, a resolution for the Mayor to enter into an agreement for a fireworks display.  Counsel Notestine noted that this resolution is incorrect.  The Mayor’s intent was to obtain the Board’s consent to hold a community wide fireworks display.  Vice Mayor Dugger made a motion to defer, Alderman Thomas seconded, this was passed unanimously.

 

Other

 

Vice Mayor Dugger made a motion to allow the Mayor to enter into an agreement for a fireworks display not to exceed $8,500.  Alderman Curtsinger stated that he could not agree to spend $8,500 for a party.  Vice Mayor Dugger, Aldermen Alexander and Thomas voted for, Alderman Curtsinger voted against.  This passed by majority vote.

 

The meeting adjourned at 7:49 p.m.

 

Respectfully submitted,                                                                      Approved,

 

 

 

Cindy Lancaster                                                                                  Beth Lothers

Town Recorder                                                                                   Mayor

Board of Mayor and Aldermen Meeting

Date: March 1, 2007, Time 7:00 p.m.

Nolensville Elementary School

Mayor Beth Lothers opened the meeting at 7:03 p.m.  Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof, and Recorder Cindy Lancaster.  There were 34 citizens present.

Prayer and pledge was led by Reverend Dennis King, pastor of Stonebrook Baptist Church.

Citizens Input:

Mrs. Betty Friedlander, 240 Norfolk Lane, noted she no longer represents the Town of Nolensville for Keep Williamson Beautiful.  The town has no representation on the board and she would like to see someone to represent the town.  She reported that there will be a shred day from 8:00 a.m. until 2:00 p.m. this Saturday at the Recycling Center on 420 Century Court.  For more information citizens may call 790-5848.

Alderman Dugger made a motion to approve the regular meeting minutes of February 1, 2007, Mayor Lothers seconded.  There was no discussion, and the minutes were approved unanimously.

Alderman Alexander made a motion to approve the treasurer’s report, Alderman Thomas seconded.  There was no discussion and this report was passed unanimously.

COMMITTEE REPORTS:

Chair Rick Owens reported for the Planning Commission.

• The meeting night was changed to Tuesday in order to allow members to attend the county meetings
• A Plus Storage preliminary review was performed
• Sunset Park requested to extend preliminary for 6 months
• By-law revisions were approved
• Land Use Policy process was discussed and deferred
• Subdivision Regulation changes were reviewed
• Monthly bond report was reviewed

Chair Wanda Barker reported for the Historic Commission.

• Anna’s sign was approved
• Darrin Sheff requested to extend the wood on his barn at the mill, this was approved

Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

• Three members completed the rookie program
• Engineer classes are ongoing
• Base station and one radio must be replaced
• Inner operational radio should be in within 90 days
• Budget was submitted to town

Engineer Rich Woodroof reported for the Codes Department.

• Tonia is back full time
• Work has begun on Rocky Fork Road
• Attended MS4 meeting, stream limits are being reviewed to become more stringent

Town Planner Henry Laird noted that himself, the Mayor, Chair Rick Owens, and Planning Commission member Mr. Willis Wells attended an informative conference.

Police Chief Paul Rigsby reported for the Police Department.

• Stats were not received due to the last day of month yesterday
• Received a donation to purchase shot guns

Public Works Director Lonnie Bowden reported for the Public Works Department.

• Patching holes due to bad weather erosion
• Trash monitoring continued
• Invested in markers that go under stop signs
• Mowing season will begin within the next month

Budget Committee Chair/Alderman Tommy Dugger reported for the Budget Committee.

• Noted this Committee has met and reviewed departmental request
• Will meet on Tuesday at 9:00, encouraged everyone to attend
• Will meet two or three more times before April

Mayor’s Report:

Mayor Lothers noted that in January some members were confirmed for various Commissions and Committees.  Alderman Curtsinger requested not to participate on the appointed Commissions.  Mayor Lothers made a motion to appoint Alderman Ken Thomas on the Historic Commission, Alderman Alexander seconded.  This passed unanimously.

Mayor Lothers made a motion to appoint Alderman Dugger to the Board of Zoning Appeals, Alderman Thomas seconded.  The vote was taken with Mayor Lothers, Aldermen Alexander, Curtsinger, and Thomas for, Alderman Dugger abstained.

Mayor Lothers made a motion to appoint Mr. Bob Crigger to the Historic Commission, Alderman Alexander seconded, and this passed unanimously.

Mayor Lothers made a motion to appoint Mr. Brant Brandon to the Historic Commission, Alderman Thomas seconded, and this passed unanimously.

A $250,000 grant is being reviewed.  This grant will be a joint venture with Williamson County.  Mayor Lothers noted that she had met with the county last week in regards to the application of this grant.  Both governmental entities are on target for a submittal date of March 15.  The town will be the official applicant.  If the grant is awarded to the town it will be a reimbursement grant.  She noted that within this process, Mr. Kevin Fortney has agreed to extend the sidewalk to the edge of the Williamson County School property.  Currently the town and Kevin are in discussions with the developer to connect the path to Ballenger Farms sidewalk over the drainage area to keeps kids off of Newsome.  Once the grant is completed a copy will be at town hall for review.

The board had a workshop on February 14, which was very informative.  Almost all board members were in attendance.

Mayor Lothers ask that the board members bring their Municipal Code to town hall so that these documents may be updated.

Mayor Lothers noted that Representative Casada and Senator Johnson will be at the Two Way Market on Saturday morning at 8:00 a.m.  The public is invited to attend.

Mayor noted that the website address has changed and this will be updated in-house with a staff person, Cindy Noel.  She noted the address as being www.nolensvilletn.gov

The Williamson County Public hearing in regards to the Comprehensive Plan was held.  Several members of the Planning Commission attended this hearing.  The Plan will affect the area within Williamson County.  This Plan can be reviewed on the county website.

A Growth Readiness workshop was attended and this was very informative.   Mayor Lothers stated that it would be a good idea to discuss issues regarding the floodplain in a workshop.  She noted that the floodplain was discussed in this workshop.

First reading of Ordinance #07-01, an ordinance to amend the zoning ordinance 04-09 in regards to second and third floor residential units above commercial and office units.  The public was invited to comment.

Mr. Frank Wilson noted that he has been a Planning Commission member for the past ten years.  He stated that he is proud of this group.  He noted that they try to do things very professionally and was disappointed that someone did not comment on this issue last month.  He noted that Aldermen Dugger and Alexander attended the Planning Commission meetings and he has a copy of the minutes.  He stated that currently there are four buildings in the old part of town that could fall in the category of this ordinance.  He noted that this is a strict code and just because it is allowed will not mean it will happen.  He gave examples of parking screening, proper sanitary disposal, the fire code must be met, and a minimum of 600 square foot lighting must be provided.  A building would be better used with an apartment versus an attic.  There are a lot of restrictions within this code that addresses these apartments.  He also referred to the Franklin area that has apartments in the down town area.

There were no further citizen comments.

Planner Laird noted there are two sections.  He noted that this process originally began because it was allowed in the CS zone with conditions.  He stated that previously there were no conditions that must be met within the ordinance.  He stated that Section 1 changes the conditions to add 2nd & 3rd floor units, with Section 2 specifying the conditions.  He stated that at last months meeting Alderman Curtsinger discussed some changes with the board.  Mr. Laird noted that the changes that the board discussed are in this ordinance.

Mayor Lothers further noted that this authorizes the use and also sets forth the conditions that must be met.   She noted that 35’ was the highest a building could be built.

Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded, and this ordinance was approved unanimously.

First reading of ordinance #07-02 an ordinance to amend the Municipal Code of the Town of Nolensville in regards to court litigation tax.  Mayor Lothers stated that this ordinance is a consequence from the MTAS workshop.  MTAS recommends that municipalities collect this with traffic violations.  Counsel Notestine stated that the Attorney General offered an opinion on this issue and municipalities can match the state litigation tax which is $13.75

Mayor Lothers made a motion to approve this ordinance, Alderman Thomas seconded, and this was approved unanimously.

Reading of Resolution #07-02, a resolution to request the General Assembly to enact legislation to repeal the state law pre exemption preventing local governments from enacting regulations pertaining to blasting.  Mayor Lothers noted that this is a direction that the board discussed last month in regards to the blasting issue within the town limits.  She stated that currently there are two legislative bills, Senate Bill 871 and House Bill 1165, which are similar to this resolution.  The Legislators must pass these bill’s to strengthen the towns ability to have stricter controls and protection of nearby residents.

Alderman Alexander made a motion to approve this resolution, Alderman Thomas seconded, and this was approved unanimously.

Mr. Dan Fairfax, who resides in Wilson County, stated that his home was damaged by fly rock with $20,000 of damage within Davidson County.  This issue requires citizens to communicate with our leaders to legislate a solution.  The resolution passed tonight allows cities to adopt ordinances that can require guidelines in the planning stages of a project.

Mrs. Cindy Arnold, 878 Dortch Lane, stated that after Mayor Lothers met with Civil Constructors and the Jones Company, they agreed to do a post-blast survey.  She stated that hopefully by next month’s meeting she will have an update.

Mayor asked for Counsel’s opinion in regards to a permit fee.  She noted that currently the town does not have a permit fee.  She asked if the town wishes to implement a fee, would this be done by resolution or ordinance.  She noted that Spring Hill and various other cities have a fee.  Counsel noted that usually fees are done by resolution.

Engineer Woodroof stated that currently there is a form that is completed which indicates the company that is blasting.  The town could increase the information that is requested from the blasting companies.

Reading of resolution #07-03 a resolution to formally enter into an agreement with Mr. John Poole CPA.  Alderman Thomas asked if his fee was reasonable.  Counsel Notestine noted that with his experience Mr. Poole is approximately one-half the price compared to other firms.  Mayor Lothers made a motion to approve this resolution, Alderman Dugger seconded, and this was approved unanimously.

Other

Mayor Lothers asked Counsel Notestine for an update on the investigation of the Code of Ethics violation.  Counsel Notestine stated that the attorney advised him that most of the people have been involved.  There are one or two people that have not been interviewed.  Currently the attorney is still in the fact finding process.  This information will be submitted to the board with a recommendation.  Counsel stated that he felt, if interviews were completed, there should be a report back this month.

Mayor Lothers made a motion to adjourn, Alderman Thomas seconded.  The meeting adjourned at 7:59 p.m.

Respectfully submitted,                                                                      Approved,

Cindy Lancaster                                                                                  Beth Lothers

Town Recorder                                                                                   Mayor

Town of Nolensville

Mayors Report Commission Section

Per Recording

Date: March 1, 2007, Time 7:00 p.m.

Nolensville Elementary School

 

Mayor Lothers:  Moving on to the Mayor’s Report the first item of business is Commission appointments.  I would like to do one thing.  We have a house keeping measure to take care of.  In January we had a listing of all the appointments and so forth that were approved by confirmation and following that meeting Alderman Curtsinger indicated that he did not want to serve on one of the committees-commissions so we had to do a little juggling and asked who wanted to be where.  So last month I announced that in February that Alderman Ken Thomas to be serving on the Historic Zoning Commission and Alderman Tommy Dugger to be serving on the BZA which is in our minutes.  When announcing that there was no descent or opposition.  But I think in terms of house keeping we should probably put that in the form of a motion.  So I am going to move for approval that Alderman Ken Thomas be the representative on the Historic Zoning Commission, do I have a second

 

Alderman Alexander:  Second

 

Mayor Lothers:  Any discussion.

 

Pause - Silence

 

Mayor Lothers:  All those in favor say Aye.

 

Mayor Lothers, Aldermen Alexander, Curtsinger, Dugger, and Thomas:  Aye

 

Mayor Lothers:  Those opposed

 

Pause - Silence

 

Mayor Lothers:  Secondly I would like to nominate, move for approval Tommy Dugger on the Board of Zoning Appeals, I have a motion, do I have a second.

 

Alderman Thomas:  Second

 

Mayor Lothers:  Any discussion.

 

Pause - Silence

 

Mayor Lothers:  All those in favor say Aye.

 

Mayor Lothers, Aldermen Alexander, Curtsinger, and Thomas for

 

Mayor Lothers:  All opposed.

Alderman Dugger:  I abstain.

 

Mayor Lothers:    One abstention, Alderman Dugger.  Also, on the Historic Zoning Commission we have two nominees tonight.  One is Brant Brandon who comes to us new in serving the Town of Nolensville and Bob Crigger, who you may know, with Lion’s Club and has lived in Nolensville for quite a long time.  So I would like to nominate both of those members to the Historic Zoning Commission and I appreciate their willingness to serve.  The first nomination I would like to move for approval Brant Brandon on the Historic Zoning Commission, do I have a second

 

Alderman Thomas:  Second

 

Mayor Lothers:  Any discussion.

 

Pause - Silence

 

Mayor Lothers:  All those in favor say Aye.

 

Mayor Lothers, Aldermen Alexander, Curtsinger, Dugger, and Thomas:  Aye

 

Mayor Lothers:  Those opposed

 

Pause - Silence

 

Mayor Lothers:  Secondly I would like to nominate Bob Crigger, who I think he is here tonight; do you want to wave Bob?  I would like to move for approval for Bob Crigger to serve on the Historic Zoning Commission, do I have a second

 

Alderman Alexander:  Second

 

Mayor Lothers:  Any discussion.

 

Pause - Silence

 

Mayor Lothers:  All those in favor say Aye.

 

Mayor Lothers, Aldermen Alexander, Curtsinger, Dugger, and Thomas:  Aye

 

Mayor Lothers:  Those opposed – I am going to have a hand vote for that please, any opposed, o.k. it was unanimous.

 

The Commission discussion ended with the next comment beginning with the following:

 

Mayor Lothers:  Moving on with the TDOT Grant meeting….

BLASTING COMPLAINT PROCEDURES

 

 

The Department of Commerce and Insurance’s State Fire Marshal’s Office will conduct investigations into blasting complaints.

 

If you have concerns regarding blasting in your area, contact the State Fire Marshal’s Office at 615-741-7190.

 

v The identity of the person making the complaint will be kept confidential during the investigation, but becomes public record once the investigation is complete.

 

v Each complainant should have the following information available when calling the State Fire Marshal’s Office:

 

r Complainant’s name, address, city, state, zip code, and telephone number(s).

r Location of complaint including both city and county.

r Person or company causing the complaint, including address, telephone number, license numbers, etc.

r Description of complaint, dates, and times of incidents.

 

v Complaints will be routed to the responsible inspector for investigation.

 

v At no time during the investigation are records open to the public. Investigation information is confidential until the matter has come to a conclusion. At the conclusion of the investigations, the complainant is notified in writing as to the final outcome and the records become public information.

 

 

 

 

 

 

 

 

· Complaints from residents related to the blasting in Nolen Park

 

 

 

· Permit for blasting contractors

· Blasting Complaint Procedures given out by Town Hall

 

 

 

· With initial complaint, procedures were given out by Town Hall

· With additional complaint and digital photographic material of fly rock, image and request for further investigation were forwarded to Assistant Director of Commerce, Emmett Turner

· State Fire Marshal and ATF immediately investigated. No state violations were found.

· With additional complaints, Mayor met with Dan Crunk, Director of Land Development for Jones Company, Bill Rodgers, Civil Constructors, Joe Rogers, Civil Constructors and the blasting contractor on Wednesday, 1/17/07. (Channel 2 Report aired Wed., 1/24/07 at 5pm)

 

RESPONSE TO MEETING WITH MAYOR

· Provided copies of pre-blast surveys completed as requested by liability insurance. Confirmed that any alleged property damage from vibrations would be pursued with Jones Company as a civil matter. Seismograph readings were presented at the meeting in verifying compliance under State Law.

· Verified that according to state law blasting may occur from sunrise to sunset. They were advised of Nolensville’s noise ordinance limiting them to 7 a.m. to 7 p.m.

· Agreed to send a letter to residents advising them of the meaning of the sequential warning horn signals and also post a sign with this information within the established neighborhood section in addition to the sign already existing in Nolen Park.

(First horn sounds five (5) times for a five (5) minute delay before blasting, three (3) more indicate another five (5) minute delay, and the next single horn signals that the shot is about to go off. One (1) horn sound following the blast signals all clear.

· Discussion of alleged fly rock incidents included the Mayor sending them any photographs provided to the BOMA. Mayor was advised that fly rock incidents should be photographed and documented. Fly rock incidents should be reported directly to b.rodgers@civilconstructors.com and/or the State Fire Marshal’s Office at Jimmy.sanders@state.tn.us.

(Fly rock prevention methods include blasting mats and an overburden technique.)

 

 

 

 

· Analyze and potentially adopt measures from other municipalities.

· Research possible communication and pre-blast survey conditions that could be required at pre-construction meetings and how they could be enforced (i.e. condition for Planning Commission approval)

· Communicate with State legislators on proposed legislation that would reduce the acceptable 2” per second peak particle velocity currently allowed in measuring ground motion and any other legislation that would allow for greater municipal controls.

Town of Nolensville

Board of Mayor and Alderman Meeting

Date: February 1, 2007, Time 7:00 p.m.

Nolensville Elementary School

 

 

Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 25 citizens present.

 

The prayer and pledge were led by Larry Guin with Jenkins Cumberland Presbyterian Church.

 

Citizens Input:

 

Mr. Dan Fairfax, 714 Kelly Drive, Lebanon, Tennessee distributed information to the Mayor that shall be given to the board. Mr. Fairfax stated that he had visited Mr. Phil Tucks home and neighbors on Alec Drive in regards to blasting. He noted that there are efforts being made by state legislation proposing changes to the Tennessee blasting law. He stated that he had been given a draft of a proposal in regards to blasting. A copy was in the paperwork given to the Mayor. He noted that currently Tennessee State Law prohibits municipal or county government from providing a blasting ordinance that is stronger than state guidelines to help protect our family. Davidson County government passed a resolution to strengthen the blasting law. State legislators are interested in strengthening these laws. As well Mr. Fairfax is encouraging governments to pass similar resolutions. There is a web site address that can be reviewed by anyone that would like to educate themselves on this issue. He thanked the board for them allowing him to speak.

 

Ms. Cindy Arnold, 878 Dortch Lane, addressed the blasting in Nolen Park. She stated that this development has been blasting for the past three months. When speaking with the developer initially, they told Ms. Arnold that blasting should be completed in January. Residents have incurred china falling from cabinets in addition to fly rock knocking out glass. She stated that in the past two weeks education in regards to blasting has been extensive and ongoing among neighbors. She noted that one individual has a seismograph in order to measure the blasting. She asked the board to do the following:

 

 

She asked that the board perform these requests during the subdivision approval or within the blasting application.

 

Alderman Dugger made a motion to approve the minutes of the regular meeting of December 7, 2006. Alderman Thomas seconded. Mayor Lothers noted that some typographical errors exist and she would get with the recorder so that these can be corrected. Alderman Curtsinger stated that the appointments were listed within the minutes. He noted that state law states that the Board representative to Planning Commission must be elected by the Board. He asked that this be corrected with a nomination being made tonight. Counsel stated that TCA should be reviewed and it should be placed on the agenda. Alderman Alexander agreed with the process to open up nominations. Mayor Lothers stated that in regards to Committees and Commissions she had corrections noting that Gardiner Jones on the Communications Committee not Gardiner Cole. The vote was taken and the minutes were approved unanimously.

 

Alderman Alexander made a motion to approve the special meeting minutes of January 22, 2007, Alderman Dugger seconded. Mayor Lothers noted that the special meeting followed the beer board meeting on that same evening. The special meeting minutes were approved unanimously.

 

Mayor Lothers stated that without any disagreement she would introduce nominations for Board representative to the Planning Commission to honor Alderman Curtsinger’s request under other business. Counsel Notestine did note that that Alderman Alexander had been technically approved by the unanimous vote by acclamation at the January Board meeting. Mayor Lothers still agreed to open up the nomination process to confirm that appointment.

 

Alderman Dugger made a motion to approve the Beer Board minutes from January 22, 2007, Alderman Thomas seconded. The Beer Board minutes were approved unanimously.

 

Mayor Lothers made a motion to approve the of treasurer’s report, Alderman Dugger seconded. The report was approved unanimously.

 

Mayor Lothers introduced Mr. John Poole, CPA, Auditor for the Town of Nolensville who presented the audit to the board. Mr. Poole introduced himself and noted the process of the audit. He noted that the revenues are reviewed and monies are being received in the proper fashion. He stated that he reviews the expenses and make sure proper procedures are in place. Mr. Poole informed the board that they have a copy of these audits and if they have any questions please feel free to contact him, he can be reached at the telephone number on page four of the audit.

 

COMMITTEE REPORTS:

 

Mr. Willis Wells reported for the Planning Commission.

 

• Rick Owens was elected as Chair, Mr. Wells Vice-Chair and Matt Happel Secretary
• Planning Commission meetings are the second Tuesday of each month
• Henry Laird, Town Planner, has been revising the zoning ordinance
• Jay Nelson Realty presented a site plan and requested a variance for the sewer system
• Flag issue was discussed the Planning Commission voted to not make any changes to the sign ordinance
• Recording of the final plat will be performed by the town
• Larger trees were discussed
• By-laws were discussed

 

There was no report for the Historic Commission due to there not being a meeting.

 

Fire Chief Presley Hughes reported for the Fire Department

 

• Obtained grant for thermal imaging camera
• Budget process is ongoing
• Engineering class is in process
• Several Saturday classes are in place to keep volunteers certified

 

Town Engineer Rich Woodroof reported for the Codes Department

 

• 350 inspections
• 25 Permits issued
• Cindy Noel has done a great job assisting in this department
• Meetings for Brittain Downs and Catalina Developments are ongoing

 

Police Chief Paul Rigsby reported for the Police Department

 

• Noted written report was submitted
• Dump truck complaints have increased
• Increase in construction site thefts

 

Mayor Lothers noted that recently there was a tragedy involving a child and Chief Rigsby handled this very well. She commended Chief Rigsby on his handling of this situation. Chief Rigsby thanked the fire department on their assistance as well.

 

Public Works Director Lonnie Bowden reported for the Public Works Department

 

• Street cleaning is ongoing
• Christmas decorations have been removed
• Noted that street signs have been missing

 

Alderman Dugger noted that the Budget Committee has met. The Committee will meet again on February 13, at 9:00 a.m. Department heads will be meeting with this Committee beginning at 8:30. He noted that the Mayor has requested budgets to be submitted to town hall by February 9.

 

Mayor Lothers noted that a new individual Mr. Douglas Bradley who is experienced with the Core of Engineers will be on the Storm Water Review Board. Alderman Curtsinger wished to not serve on the Historic Zoning Commission. Alderman Ken Thomas has agreed to serve on this Commission, with Alderman Dugger serving on the Board of Zoning Appeals. Suzie Lindsey is Chairperson of the Town Events Committee. Linda Roberts and Rose and Bob Kozlik will be serving on this Committee also.

 

Mayor’s Report:

 

On a power point presentation Mayor Lother’s illustrated to the audience the Town of Nolensville’s current application for a blasting permit and the current information given out to residents with complaints see attached power point presentation. She demonstrated the cost of various cities and noting the town does not charge a fee for this permit. She noted that recently complaints were submitted to the town, State of Tennessee in addition to ATF. These complaints were investigated and found that no laws had been broken. She met with Mr. Dan Crunk of Land Development, Bill Rogers with Civil Constructors, and the blasting contractor who are involved with Nolen Park. She noted that any alleged property damage would be investigated by Jones Company. In response to this meeting letters were sent to adjacent neighbors communicating the horn signaling system and confirmed the number of pre-blast surveys that had been conducted. Mayor Lother’s described to the audience the horn sounds and the meaning of the various sounds. She discussed fly rock, and stated if any resident is a victim of a fly rock incident on their property to have it reviewed immediately by taking pictures and documenting the incident. Fly rock prevention is addressed within the state law. The town can investigate and follow other municipalities by adopting similar ordinances. Mayor Lothers noted that another option is to talk to state legislators to allow for greater municipal control.

 

Mayor Lothers encouraged the board to comment. Alderman Curtsinger asked if there was anything she can do as a town, such as if kids throw rocks into homes, the police can get involved. He emphasized that this is life safety issues. He stated the Fire Marshall should come to monitor this situation or do something. Mayor Lothers had been advised that Spring Hill may have some particular blasting ordinance of interest and asked Alderman Curtsinger if he would communicate with Spring Hill and research their blasting requirements. Alderman Curtsinger stated that he did not have the resources to do this, but the town needs to do something because this is a life safety issue.

 

Counsel Notestine noted that the state exercises a supremacy clause. This means that another government cannot supersede this law. He stated that during his research he has found that during a PUD approval the town can require a pre-blast survey.

 

Alderman Curtsinger asked what did state law say about life safety. Counsel Notestine stated that it is the Fire Marshals job. Mayor Lothers read parts of the state law in regards to the requirements. Alderman Alexander noted that the town can follow Metro’s lead and pass a resolution to forward on to the state legislators. Mayor Lothers noted that could be placed on the agenda for the next meeting. Mayor Lothers inquired as to a pre-blast survey being required on the permit. Engineer Woodroof stated that his concern would be the area that would be included within the survey. Counsel Notestine stated that the town should request a copy of the insurance policy.

 

Alderman Thomas stated that he has concerns about the citizens that have documented problems. Mayor Lothers noted that would be a civil matter, although she does have the contact names. She further stated that they were very responsive to her in their discussions. Mayor Lothers stated that she was in agreement with Alderman Alexander in preparing a resolution. Alderman Dugger also agreed. He stated that it is a double edge sword. The town requires underground utilities and more blasting will occur. Alderman Curtsinger clarified that the only thing citizens can do at this point is to file civil action. Mr. Bob Haines, from the audience, asked if the schools could educate the children on what the horn sounds represent. Mayor Lothers asked Counsel if the police could be called if fly rock was witnessed. Counsel Notestine stated that they could be contacted if this occurred. Mr. Ollie Cole, from the audience, stated that an alternative to blasting could be trenchers.

 

 

 

Mayor Lothers stated that a draft should be completed by the end of March.

 

 

Mayor Lothers stated that she had met with City of Bentwood and resurfacing should be completed by the end of February weather permitting. She stated that Waller Road would be shut down on Saturday. Homeowners will have access although there will be only be one lane opened.

 

 

 

Mayor Lothers stated that she will submit various dates for the MTAS work shop to the Board.

 

Engineer Woodroof stated that Florence and Hutcheson will be performing the engineering work for the Rocky Fork realignment. They will prepare the bid documents and will perform some inspections.

 

Counsel Notestine noted that the lawsuit of Moon vs. Nolensville and Moon vs. Alderman Curtsinger has been dropped by Mr. Moon. The town ordinance states that if a re-zoning request is turned down, the applicant may reapply after one year. It has almost been one year.

 

Mayor Lothers stated that she had met with Mr. Doug Hood, Williamson County Parks and Recreation Director, and he has agreed to construct a bathroom at the soccer field. Williamson County has agreed to comply with the town’s flood plain policy.

 

Eric Graubner is working on his Eagle Scout designation. He has chosen to work on a pedestrian bridge off of Rocky Fork Road.

 

First reading of Ordinance #07-01, an ordinance to amend the zoning ordinance 04-09 in regards to second and third floor residential units above commercial and office units. Counsel Notestine noted that this is the first step in the ordinance process. Town Planner Laird noted that the first section would allow for the residential units and Section two establishes the conditions on the uses. He further noted that a correction should be made to make this totally accurate.

 

Alderman Dugger asked what the need or purpose is to add this use. Planner Laird stated that it is allowing this use in the Village similar to being allowed in Commercial Services. It allows for a business to be on the first floor with a residence on the second.

 

Mr. Alfred Bennett, from the audience, noted that the second floor had been requested, but the third floor was not needed. Alderman Curtsinger noted that buildings are only allowed to be 35’. It would be difficult to have a third floor in a structure this size. Planner Laird said that it was requested to be allowed in the Village area, and this is reflected in section one. Section two defines what exists currently in Commercial Services.

 

Alderman Curtsinger stated that he has a problem with “G”. This statement notes that it was approved by the Design Review Committee, but was not approved by the Planning Commission. He further stated that the sunshine law had been violated and the Design Review Committee should be a Commission. Mayor Lothers noted that she agrees with Alderman Curtsinger that the DRC is an advisory board not a Commission, the Design Review Committee hopes to support staff in the approved Design Review Standards within the ordinance. She further stated that she had investigated whether or not it was necessary to advertise every meeting since it was a committee not a Commission. It is an advisory committee to the Planning Commission, in making recommendations and not voting on a decision.

 

Alderman Alexander asked if the people in that area have been notified of the public hearing of ordinance 07-01. He suggested that this be done. Alderman Alexander noted that it states “must have sewer”, we all know they do not have sewer down town. Alderman Curtsinger stated that they could have an approved septic system. Alderman Dugger stated that it appeared the language should be changed. Planner Laird stated that the language is “approved sewer system”. He stated that this approval would come from the Environmental Department stating occupant has an approved sewage disposal system.

 

Mayor Lothers made a motion to amend by changing, “approved sewer system” to “approved sewage disposal system”. Additionally, change “G” to “Must be reviewed and recommended by Design Review Committee (in CS and V Districts) and Historic Zoning Commission (V District). Alderman Dugger seconded.

 

Alderman Curtsinger stated that he felt the Planning Commission should be noted. Mayor Lothers asked if it was the order in it which this section is listed that is confusing.

 

Alderman Thomas asked Alderman Curtsinger if he wanted it to state that “approved by the Planning Commission.” Alderman Curtsinger stated that is how it should read.

 

Mayor Lothers noted that the Historic Commission should be the step prior to the Planning Commission. Alderman Curtsinger stated that it all feeds into the site plan.

 

Ms. Betty Friedlander, from the audience, said that it does not necessarily have to come before the Historic Commission prior to the Planning Commission.

 

Alderman Dugger noted there appears to be many questions. Is there an urgency that this needs to be passed tonight? He asked if this could come back next month with the discussed changes. Planner Laird stated that he was unaware of any urgency. Alderman Alexander stated that there are two more months in the process. There is still more time. Mayor Lothers withdrew her motion to amend, Alderman Dugger withdrew the second. Mayor Lothers requested Town Planner Laird to bring back to the board next month.

 

Reading of resolution #07-01, a resolution to make application for TDOT Safe Routes to School Program. Alderman Thomas asked for a timeline. Mayor Lothers stated that the deadline is March 15. Alderman Thomas inquired to the number of grants that will be awarded. Planner Laird said that we can apply for up to $250,000 on a reimbursement basis. Planner Laird noted that the town will spell out the cost related to pedestrian and bike trails within the grant.

 

Alderman Curtsinger asked if this is approved will the town hire a grant writer. Mayor Lothers stated no, that Williamson County will be working with the town on this at no cost.

 

Alderman Dugger made a motion to approve, Mayor Lothers seconded and this was approved unanimously.

 

Other

 

Mayor Lothers noted that at the January meeting the board approved the listed Committees and Commissions that are in the minutes. This was the proper process of nominating Alderman Alexander as the designated Planning Commission member from the Board of Mayor and Aldermen. Although, Mayor Lothers stated that she wanted to honor Alderman Curtsingers earlier request of a nomination. Mayor Lothers stated that she would like to nominate Alderman Alexander; Alderman Curtsinger stated that he would like to nominate Alderman Thomas. Mayor Lothers made a motion to place Alderman Alexander on the Planning Commission, Alderman Dugger seconded. Mayor Lothers, Alderman Thomas, and Alderman Dugger for, Alderman Alexander abstained and Alderman Curtsinger voted against.

 

Counsel Notestine stated that at last months meeting the Board of Mayor and Aldermen approved Alderman Alexander and has met the requirements of the law.

 

Mayor Lothers asked that staff review the temporary sign permit and the time frame that a temporary sign is allowed. For example in the Historic area, businesses may have to wait thirty (30) days to appear before the Historic Commission. Technically, they are only allowed to have a temporary permit for two weeks.

 

Alderman Curtsinger noted that there is a question on the Board of Zoning Appeals in regards to a deck. Mayor Lothers noted that the applicant is reapplying and was advised if there is an active application the applicant is allowed to go through the process. Counsel Notestine stated that this applicant came before the BZA and has made application for a different request. The BZA has to review this independently and then the town will go from there. The BZA did decline a previous request, although this is a different request. Alderman Curtsinger stated that our ordinance states that you can not bring this back for a year. Counsel Notestine stated that Alderman Curtsinger needs to show this to him, because he has reviewed this and did not see that timeframe. Mayor Lothers stated that she must look to the town attorney for legal advice and this is the opinion that he has given to her. Alderman Dugger asked if there was any timeframe allotted. Engineer Woodroof stated that he sent the applicant a letter giving him a time in which to conform to the BZA decision. The applicant submitted a new application for a different variance request prior to the enforcement deadline.

 

Mayor Lothers made a motion to adjourn, Alderman Alexander seconded and this passed unanimously. The meeting was adjourned at 9:10 p.m.

Town of Nolensville

 

Board of Mayor and Alderman Meeting

Date: February 1, 2007, Time 7:00 p.m.

Nolensville Elementary School

 

 

Mayor Beth Lothers opened the meeting at 7:02 p.m. Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster. There were 25 citizens present.

 

The prayer and pledge were led by Larry Guin with Jenkins Cumberland Presbyterian Church.

 

Citizens Input:

 

Mr. Dan Fairfax, 714 Kelly Drive, Lebanon, Tennessee distributed information to the Mayor that shall be given to the board. Mr. Fairfax stated that he had visited Mr. Phil Tucks home and neighbors on Alec Drive in regards to blasting. He noted that there are efforts being made by state legislation proposing changes to the Tennessee blasting law. He stated that he had been given a draft of a proposal in regards to blasting. A copy was in the paperwork given to the Mayor. He noted that currently Tennessee State Law prohibits municipal or county government from providing a blasting ordinance that is stronger than state guidelines to help protect our family. Davidson County government passed a resolution to strengthen the blasting law. State legislators are interested in strengthening these laws. As well Mr. Fairfax is encouraging governments to pass similar resolutions. There is a web site address that can be reviewed by anyone that would like to educate themselves on this issue. He thanked the board for them allowing him to speak.

 

Ms. Cindy Arnold, 878 Dortch Lane, addressed the blasting in Nolen Park. She stated that this development has been blasting for the past three months. When speaking with the developer initially, they told Ms. Arnold that blasting should be completed in January. Residents have incurred china falling from cabinets in addition to fly rock knocking out glass. She stated that in the past two weeks education in regards to blasting has been extensive and ongoing among neighbors. She noted that one individual has a seismograph in order to measure the blasting. She asked the board to do the following:

 

 

She asked that the board perform these requests during the subdivision approval or within the blasting application.

 

Alderman Dugger made a motion to approve the minutes of the regular meeting of December 7, 2006. Alderman Thomas seconded. Mayor Lothers noted that some typographical errors exist and she would get with the recorder so that these can be corrected. Alderman Curtsinger stated that the appointments were listed within the minutes. He noted that state law states that the Board representative to Planning Commission must be elected by the Board. He asked that this be corrected with a nomination being made tonight. Counsel stated that TCA should be reviewed and it should be placed on the agenda. Alderman Alexander agreed with the process to open up nominations. Mayor Lothers stated that in regards to Committees and Commissions she had corrections noting that Gardiner Jones on the Communications Committee not Gardiner Cole. The vote was taken and the minutes were approved unanimously.

 

Alderman Alexander made a motion to approve the special meeting minutes of January 22, 2007, Alderman Dugger seconded. Mayor Lothers noted that the special meeting followed the beer board meeting on that same evening. The special meeting minutes were approved unanimously.

 

Mayor Lothers stated that without any disagreement she would introduce nominations for Board representative to the Planning Commission to honor Alderman Curtsinger’s request under other business. Counsel Notestine did note that that Alderman Alexander had been technically approved by the unanimous vote by acclamation at the January Board meeting. Mayor Lothers still agreed to open up the nomination process to confirm that appointment.

 

Alderman Dugger made a motion to approve the Beer Board minutes from January 22, 2007, Alderman Thomas seconded. The Beer Board minutes were approved unanimously.

 

Mayor Lothers made a motion to approve the of treasurer’s report, Alderman Dugger seconded. The report was approved unanimously.

 

Mayor Lothers introduced Mr. John Poole, CPA, Auditor for the Town of Nolensville who presented the audit to the board. Mr. Poole introduced himself and noted the process of the audit. He noted that the revenues are reviewed and monies are being received in the proper fashion. He stated that he reviews the expenses and make sure proper procedures are in place. Mr. Poole informed the board that they have a copy of these audits and if they have any questions please feel free to contact him, he can be reached at the telephone number on page four of the audit.

 

COMMITTEE REPORTS:

 

Mr. Willis Wells reported for the Planning Commission.

 

• Rick Owens was elected as Chair, Mr. Wells Vice-Chair and Matt Happel Secretary
• Planning Commission meetings are the second Tuesday of each month
• Henry Laird, Town Planner, has been revising the zoning ordinance
• Jay Nelson Realty presented a site plan and requested a variance for the sewer system
• Flag issue was discussed the Planning Commission voted to not make any changes to the sign ordinance
• Recording of the final plat will be performed by the town
• Larger trees were discussed
• By-laws were discussed

 

There was no report for the Historic Commission due to there not being a meeting.

 

Fire Chief Presley Hughes reported for the Fire Department

 

• Obtained grant for thermal imaging camera
• Budget process is ongoing
• Engineering class is in process
• Several Saturday classes are in place to keep volunteers certified

 

Town Engineer Rich Woodroof reported for the Codes Department

 

• 350 inspections
• 25 Permits issued
• Cindy Noel has done a great job assisting in this department
• Meetings for Brittain Downs and Catalina Developments are ongoing

 

Police Chief Paul Rigsby reported for the Police Department

 

• Noted written report was submitted
• Dump truck complaints have increased
• Increase in construction site thefts

 

Mayor Lothers noted that recently there was a tragedy involving a child and Chief Rigsby handled this very well. She commended Chief Rigsby on his handling of this situation. Chief Rigsby thanked the fire department on their assistance as well.

 

Public Works Director Lonnie Bowden reported for the Public Works Department

 

• Street cleaning is ongoing
• Christmas decorations have been removed
• Noted that street signs have been missing

 

Alderman Dugger noted that the Budget Committee has met. The Committee will meet again on February 13, at 9:00 a.m. Department heads will be meeting with this Committee beginning at 8:30. He noted that the Mayor has requested budgets to be submitted to town hall by February 9.

 

Mayor Lothers noted that a new individual Mr. Douglas Bradley who is experienced with the Core of Engineers will be on the Storm Water Review Board. Alderman Curtsinger wished to not serve on the Historic Zoning Commission. Alderman Ken Thomas has agreed to serve on this Commission, with Alderman Dugger serving on the Board of Zoning Appeals. Suzie Lindsey is Chairperson of the Town Events Committee. Linda Roberts and Rose and Bob Kozlik will be serving on this Committee also.

 

Mayor’s Report:

 

On a power point presentation Mayor Lother’s illustrated to the audience the Town of Nolensville’s current application for a blasting permit and the current information given out to residents with complaints see attached power point presentation. She demonstrated the cost of various cities and noting the town does not charge a fee for this permit. She noted that recently complaints were submitted to the town, State of Tennessee in addition to ATF. These complaints were investigated and found that no laws had been broken. She met with Mr. Dan Crunk of Land Development, Bill Rogers with Civil Constructors, and the blasting contractor who are involved with Nolen Park. She noted that any alleged property damage would be investigated by Jones Company. In response to this meeting letters were sent to adjacent neighbors communicating the horn signaling system and confirmed the number of pre-blast surveys that had been conducted. Mayor Lother’s described to the audience the horn sounds and the meaning of the various sounds. She discussed fly rock, and stated if any resident is a victim of a fly rock incident on their property to have it reviewed immediately by taking pictures and documenting the incident. Fly rock prevention is addressed within the state law. The town can investigate and follow other municipalities by adopting similar ordinances. Mayor Lothers noted that another option is to talk to state legislators to allow for greater municipal control.

 

Mayor Lothers encouraged the board to comment. Alderman Curtsinger asked if there was anything she can do as a town, such as if kids throw rocks into homes, the police can get involved. He emphasized that this is life safety issues. He stated the Fire Marshall should come to monitor this situation or do something. Mayor Lothers had been advised that Spring Hill may have some particular blasting ordinance of interest and asked Alderman Curtsinger if he would communicate with Spring Hill and research their blasting requirements. Alderman Curtsinger stated that he did not have the resources to do this, but the town needs to do something because this is a life safety issue.

 

Counsel Notestine noted that the state exercises a supremacy clause. This means that another government cannot supersede this law. He stated that during his research he has found that during a PUD approval the town can require a pre-blast survey.

 

Alderman Curtsinger asked what did state law say about life safety. Counsel Notestine stated that it is the Fire Marshals job. Mayor Lothers read parts of the state law in regards to the requirements. Alderman Alexander noted that the town can follow Metro’s lead and pass a resolution to forward on to the state legislators. Mayor Lothers noted that could be placed on the agenda for the next meeting. Mayor Lothers inquired as to a pre-blast survey being required on the permit. Engineer Woodroof stated that his concern would be the area that would be included within the survey. Counsel Notestine stated that the town should request a copy of the insurance policy.

 

Alderman Thomas stated that he has concerns about the citizens that have documented problems. Mayor Lothers noted that would be a civil matter, although she does have the contact names. She further stated that they were very responsive to her in their discussions. Mayor Lothers stated that she was in agreement with Alderman Alexander in preparing a resolution. Alderman Dugger also agreed. He stated that it is a double edge sword. The town requires underground utilities and more blasting will occur. Alderman Curtsinger clarified that the only thing citizens can do at this point is to file civil action. Mr. Bob Haines, from the audience, asked if the schools could educate the children on what the horn sounds represent. Mayor Lothers asked Counsel if the police could be called if fly rock was witnessed. Counsel Notestine stated that they could be contacted if this occurred. Mr. Ollie Cole, from the audience, stated that an alternative to blasting could be trenchers.

 

 

 

Mayor Lothers stated that a draft should be completed by the end of March.

 

 

Mayor Lothers stated that she had met with City of Bentwood and resurfacing should be completed by the end of February weather permitting. She stated that Waller Road would be shut down on Saturday. Homeowners will have access although there will be only be one lane opened.

 

 

 

Mayor Lothers stated that she will submit various dates for the MTAS work shop to the Board.

 

Engineer Woodroof stated that Florence and Hutcheson will be performing the engineering work for the Rocky Fork realignment. They will prepare the bid documents and will perform some inspections.

 

Counsel Notestine noted that the lawsuit of Moon vs. Nolensville and Moon vs. Alderman Curtsinger has been dropped by Mr. Moon. The town ordinance states that if a re-zoning request is turned down, the applicant may reapply after one year. It has almost been one year.

 

Mayor Lothers stated that she had met with Mr. Doug Hood, Williamson County Parks and Recreation Director, and he has agreed to construct a bathroom at the soccer field. Williamson County has agreed to comply with the town’s flood plain policy.

 

Eric Graubner is working on his Eagle Scout designation. He has chosen to work on a pedestrian bridge off of Rocky Fork Road.

 

First reading of Ordinance #07-01, an ordinance to amend the zoning ordinance 04-09 in regards to second and third floor residential units above commercial and office units. Counsel Notestine noted that this is the first step in the ordinance process. Town Planner Laird noted that the first section would allow for the residential units and Section two establishes the conditions on the uses. He further noted that a correction should be made to make this totally accurate.

 

Alderman Dugger asked what the need or purpose is to add this use. Planner Laird stated that it is allowing this use in the Village similar to being allowed in Commercial Services. It allows for a business to be on the first floor with a residence on the second.

 

Mr. Alfred Bennett, from the audience, noted that the second floor had been requested, but the third floor was not needed. Alderman Curtsinger noted that buildings are only allowed to be 35’. It would be difficult to have a third floor in a structure this size. Planner Laird said that it was requested to be allowed in the Village area, and this is reflected in section one. Section two defines what exists currently in Commercial Services.

 

Alderman Curtsinger stated that he has a problem with “G”. This statement notes that it was approved by the Design Review Committee, but was not approved by the Planning Commission. He further stated that the sunshine law had been violated and the Design Review Committee should be a Commission. Mayor Lothers noted that she agrees with Alderman Curtsinger that the DRC is an advisory board not a Commission, the Design Review Committee hopes to support staff in the approved Design Review Standards within the ordinance. She further stated that she had investigated whether or not it was necessary to advertise every meeting since it was a committee not a Commission. It is an advisory committee to the Planning Commission, in making recommendations and not voting on a decision.

 

Alderman Alexander asked if the people in that area have been notified of the public hearing of ordinance 07-01. He suggested that this be done. Alderman Alexander noted that it states “must have sewer”, we all know they do not have sewer down town. Alderman Curtsinger stated that they could have an approved septic system. Alderman Dugger stated that it appeared the language should be changed. Planner Laird stated that the language is “approved sewer system”. He stated that this approval would come from the Environmental Department stating occupant has an approved sewage disposal system.

 

Mayor Lothers made a motion to amend by changing, “approved sewer system” to “approved sewage disposal system”. Additionally, change “G” to “Must be reviewed and recommended by Design Review Committee (in CS and V Districts) and Historic Zoning Commission (V District). Alderman Dugger seconded.

 

Alderman Curtsinger stated that he felt the Planning Commission should be noted. Mayor Lothers asked if it was the order in it which this section is listed that is confusing.

 

Alderman Thomas asked Alderman Curtsinger if he wanted it to state that “approved by the Planning Commission.” Alderman Curtsinger stated that is how it should read.

 

Mayor Lothers noted that the Historic Commission should be the step prior to the Planning Commission. Alderman Curtsinger stated that it all feeds into the site plan.

 

Ms. Betty Friedlander, from the audience, said that it does not necessarily have to come before the Historic Commission prior to the Planning Commission.

 

Alderman Dugger noted there appears to be many questions. Is there an urgency that this needs to be passed tonight? He asked if this could come back next month with the discussed changes. Planner Laird stated that he was unaware of any urgency. Alderman Alexander stated that there are two more months in the process. There is still more time. Mayor Lothers withdrew her motion to amend, Alderman Dugger withdrew the second. Mayor Lothers requested Town Planner Laird to bring back to the board next month.

 

Reading of resolution #07-01, a resolution to make application for TDOT Safe Routes to School Program. Alderman Thomas asked for a timeline. Mayor Lothers stated that the deadline is March 15. Alderman Thomas inquired to the number of grants that will be awarded. Planner Laird said that we can apply for up to $250,000 on a reimbursement basis. Planner Laird noted that the town will spell out the cost related to pedestrian and bike trails within the grant.

 

Alderman Curtsinger asked if this is approved will the town hire a grant writer. Mayor Lothers stated no, that Williamson County will be working with the town on this at no cost.

 

Alderman Dugger made a motion to approve, Mayor Lothers seconded and this was approved unanimously.

 

Other

 

Mayor Lothers noted that at the January meeting the board approved the listed Committees and Commissions that are in the minutes. This was the proper process of nominating Alderman Alexander as the designated Planning Commission member from the Board of Mayor and Aldermen. Although, Mayor Lothers stated that she wanted to honor Alderman Curtsingers earlier request of a nomination. Mayor Lothers stated that she would like to nominate Alderman Alexander; Alderman Curtsinger stated that he would like to nominate Alderman Thomas. Mayor Lothers made a motion to place Alderman Alexander on the Planning Commission, Alderman Dugger seconded. Mayor Lothers, Alderman Thomas, and Alderman Dugger for, Alderman Alexander abstained and Alderman Curtsinger voted against.

 

Counsel Notestine stated that at last months meeting the Board of Mayor and Aldermen approved Alderman Alexander and has met the requirements of the law.

 

Mayor Lothers asked that staff review the temporary sign permit and the time frame that a temporary sign is allowed. For example in the Historic area, businesses may have to wait thirty (30) days to appear before the Historic Commission. Technically, they are only allowed to have a temporary permit for two weeks.

 

Alderman Curtsinger noted that there is a question on the Board of Zoning Appeals in regards to a deck. Mayor Lothers noted that the applicant is reapplying and was advised if there is an active application the applicant is allowed to go through the process. Counsel Notestine stated that this applicant came before the BZA and has made application for a different request. The BZA has to review this independently and then the town will go from there. The BZA did decline a previous request, although this is a different request. Alderman Curtsinger stated that our ordinance states that you can not bring this back for a year. Counsel Notestine stated that Alderman Curtsinger needs to show this to him, because he has reviewed this and did not see that timeframe. Mayor Lothers stated that she must look to the town attorney for legal advice and this is the opinion that he has given to her. Alderman Dugger asked if there was any timeframe allotted. Engineer Woodroof stated that he sent the applicant a letter giving him a time in which to conform to the BZA decision. The applicant submitted a new application for a different variance request prior to the enforcement deadline.

 

Mayor Lothers made a motion to adjourn, Alderman Alexander seconded and this passed unanimously. The meeting was adjourned at 9:10 p.m.

 

Respectfully submitted, Approved,

 

 

 

Cindy Lancaster Beth Lothers

Town Recorder Mayor

 

Respectfully submitted, Approved,

 

 

 

Cindy Lancaster Beth Lothers

Town Recorder Mayor

Special Meeting, Board of Mayor and Aldermen

January 22, 2007, 6:30 p.m. Town Hall

 

The special meeting was called to order at 6:30 by Mayor Beth Lothers. Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas were in attendance. Staff present was Engineer Rich Woodroof, Counsel Robert Notestine and Town Recorder Cindy Lancaster.

 

Mayor Lothers noted that Florence and Hutchinson was in attendance to present a proposal for the realignment of Rocky Fork Road at Nolensville Road.

 

Engineer Woodroof noted that he had distributed the proposal to the Board. He stated they would be doing the plans, bid document preparation, permits (state), and other duties that would be described by Florence and Hutchinson tonight.

 

Florence and Hutcheson went over the proposal beginning with the scope of services. It was noted that the scope was written as if crayfish would exist. They stated that within the scope the attempt was made to give ample information with services. It was stated that this firm will assist in the bid opening and will evaluate the bids. This would be approached as doing a bid for the Tennessee Department Of Transportation. He noted that the right of ways must be evaluated.

 

Section three of the proposal was addressed by this firm. It was noted that this section addressed the necessary permits needed from the State and TDEC. It was noted that the Core of Engineers requires permits whenever a stream is crossed. They went over the process of the permits and focused on the crayfish. It was noted there were four permits that were needed.

 

Alderman Thomas inquired as to the cost if crayfish were found. It was noted that a line item of $16,400 had been created for this possibility.

 

Inspections were then addressed. Florence and Hutcheson stated that there would not be an individual in the field 100% of the time, although periodic inspections would be made during this process. It was noted that an inspector would monitor the project approximately one day a week. He noted that once the bridge construction was initiated inspections would be more intense. There are allocations for these inspections. He noted the breakdown of the cost.

 

Counsel Notestine asked about the right of way negotiations. Engineer Woodroof noted that the right of ways have been acquired through the developer Mr. Moon.

 

Florence and Hutcheson noted that the Town had requested that this project be completed prior to the new school opening. They stated that this schedule is “doable”, although it is dependent upon the permits that are required through the state.

 

It was noted that due to crayfish spawning, work can only be performed May 15 – September 30.

 

Mayor Lothers inquired if after a “clean” crayfish sweep was completed and one was discovered what would happen. It was noted that a sweep is performed every 24 hours after construction begins. It this is maintained the town is covered in regards to following procedure.

 

This proposal review ended at 6:46 p.m.

 

Engineer Woodroof noted that the town is looking at the relocation not the intersection at Nolensville Road. He stated that the State must approve signalization. This process has been initiated with the state.

 

Engineer Woodroof noted that Clifton King was an Engineering Firm that worked for Mr. Moon on the Rocky Fork project and he would now be presenting his proposal. Alderman Thomas noted that there is a significant cost difference. Florence Hutcheson was approximately $56,000 without the crayfish. Clifton King had a bid proposal of $22,000. It was noted that Mr. Kings bid wording was open ended and would require the possibility of the town coming out of pocket for some expenses.

 

Clifton King Engineering did not attend the meeting.

 

Counsel Notestine stated that if there are contracts he would like to review prior to any confirmation or signatures.

 

Mayor Lothers asked that due to the timeframe, would the board feel comfortable making a decision this evening.

 

Alderman Thomas stated that due to the significant variance he would like to find out why there is a large difference.

 

Alderman Alexander noted that he was comfortable accepting Florence and Hutcheson. This group is a reputable firm and is known to perform good work.

 

Alderman Alexander made a motion to accept this contract upon attorney approval, Mayor Lothers seconded. Alderman Dugger noted that this is a $56,000 bid with a possible $70,000 if there are crayfish. Alderman Curtsinger stated that it is apparent Florence and Hutcheson have done their homework and have done a professional job.

The vote was then taken with a unanimous vote.

 

The meeting adjourned 7:10 p.m.

 

Respectfully submitted, Approved,

 

 

 

Cindy Lancaster, Beth Lothers,

Town Recorder Mayor

Town of Nolensville

Board of Mayor and Alderman Meeting

Date: January 4, 2007, Time 7:00 p.m.

Nolensville Elementary School

 

Mayor Beth Lothers opened the meeting at 7:00 p.m.  Members present were Mayor Lothers, Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger and Ken Thomas.  Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Rich Woodroof and Recorder Cindy Lancaster.  There were 77 citizens present.

Mr. Willis Wells led the prayer and pledge.  Mr. Ronnie Freeman sang the National Anthem.

County Mayor Rogers Anderson initiated the Oath of Office for Mayor Beth Lothers.  Mayor Beth Lothers proceeded with the Oath of Office for Alderman Tommy Dugger and Alderman Ken Thomas.

Mayor Lothers recessed for five minutes.

Citizens Input:

Mr. Wayne Lambert, Cromwell Court, stated that he wanted to thank Tom Alexander, who recently passed away, publicly.  He stated that Mr. Alexander played a huge role in stopping the Hoover Rock Quarry.  He requested that this board honor Mr. Alexander in some fashion.  He referred to Alderman Joe Rositano’s Memorial on Nolensville Road.  Mayor Lothers noted that this was Alderman Jimmy Alexander’s brother.

Alderman Dugger made a motion to approve the minutes from the regular meeting of December 7, 2006, Alderman Alexander seconded.  The minutes were approved unanimously.

Mayor Lothers made a motion to approve the Treasurer’s report, Alderman Dugger seconded.  Alderman Dugger noted that he had the percentage breakdown if there were any questions from the board.  Additionally, he stated that he had spoken to First Tennessee Bank and they have agreed to amend the interest rate on the savings that reflects .0925.  They have agreed to retro the interest to July of 06.  The Treasurer’s report was unanimously approved.

Committee reports:

Mr. Willis Wells reported for the Planning Commission.

· Mayor Lothers noted that the Design Review Committee has worked hard with Matt Happel being Chair of this Committee and Carla Ediger is Vice-Chair.

· The BP has agreed to alter the roof of the facility

· Nichols Development is renamed to Catalina Development with the Landscape Architect addressing the Planning Commission

· Cell Tower was discussed

· Zoning amendment in regards to the flags was delayed

· Commission By-laws were reviewed and the portion in regards to the meeting date was changed

· Monthly Bond report was approved

Ms.Wanda Barker reported for the Historic Commission.

· This Commission did not meet in December

· The Commission was asked by the Historic area to review bringing sewer to the area

· Mayor Lothers noted that Jay Nelson and Parman Henry have taken leadership in this endeavor.  Metro has asked residents and property owners to express their interest.  She noted that the town’s position is that we are supportive of this task.

Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.

· New training requirements have initiated a class

· Three Firemen have completed probation

· Budget process has begun

Rich Woodroof reported for the Code's Department

· 415 inspections performed

· Zoning map has been updated

· Proposals are being submitted for Rocky Fork Road by Engineering Firms

· Town Planner Henry Laird is revising the By-laws

Nolensville Police Department

· Noted there have been 1,000 calls for the past year

· A sobriety check was held at Coast In last Friday evening

· An undercover drug sting was successful

· A written report was submitted prior to the meeting

Mayor Lothers noted the Public Works Department submitted a written report to the board.

Mayor's report:

Vice-Mayor:

Mayor Lothers made a motion to nominate Alderman Ken Thomas as Vice-Mayor, Alderman Thomas seconded.  Alderman Dugger stated that his concern was experience.  Mayor Lothers stated that she felt that this roll is to lead if she is not in attendance or if an unexpected tragedy the Vice-Mayor would fill the role as Mayor.  Alderman Alexander stated that he agreed with Alderman Dugger.  Alderman Curtsinger stated that he did not have anything further to add.  The vote was taken with Mayor Lothers and Alderman Thomas for, Alderman Alexander, Curtsinger and Dugger against.  Alderman Alexander made a motion to nominate Alderman Dugger, Alderman Dugger seconded.  Alderman Thomas noted that he did not want tension among the board, and how this board moves he will support. The vote was taken with Mayor Lothers, Aldermen Alexander, and Thomas for, Aldermen Curtsinger and Dugger abstained.

Committee/Commission Appointments:

Mayor Lothers named the Committee/Commission appointments as follows:

Storm Water Board	Board of Zoning Appeals	Historic Commission
Larry Gardner	Brian Truman	Wanda Barker
	Charles Lawson	Alderman Joe Curtsinger
	Alderman Ken Thomas	Kirk Duclos
	Brian Truman	Larry Felts
	Pat Aldred
	Bob Haines

Finance	Event Planning	Communications
Tommy Dugger	Ken Thomas	Betty Friedlander
Carla Ediger	Suzanne Honeycutt	Cindy Arnold
Duane Ediger		John Lenderman
David Rowland		Gardner Jones

Design Review	Planning Commission
Matt Happle	Alderman Jimmy Alexander
Carla Ediger	Andrew Grosson
Travis Blunt	Bob Haines
Dawn Cox	Matt Happle
Betty Friedlander	Mayor Beth Lothers
Bob Haines	Debbie Riddle
Mayor Beth Lothers	Willis Wells
David Verner	Frank Wilson
	Rick Owens

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

Nolensville Elementary School:

Mayor Lothers noted that she had met with Dr. Sharber Superintendent of Williamson County Schools.  Several individuals, as well as the Town of Nolensville, are interested in being housed at this facility.

Mayor Lothers met with Mr. Kevin Fortney, Williamson County School, to discuss several issues.  The turn-lane at Sunset School was discussed.  Also, he has agreed to jointly pursue a grant with the town to assist with trails to the new school.

TDOT:

Mayor Lothers noted that she has met and discussed the potential by-pass with TDOT.  She thanked Matt Happel on the great job he has done with the design.  She noted that currently the proposal goes through Bent Creek.  Clinard Engineering has agreed to review this and perform a more in depth study.

Historic Area Sewer:

Mayor Lothers, as stated previously, this is a private venture and the town is in favor of this endeavor.

Ballenger Farms/McFarlin Woods:

Mayor Lothers noted that the Homeowner Associations for these developments have agreed to meet to discuss the consideration of connecting the trails/paths throughout these developments.

Waller Road:

Mayor Lothers stated that she will be meeting with Brentwood to move this project forward.

Impact Fee:

Mayor Lothers noted that the town will be meeting with Duncan and Associates to move forward rapidly with this project.

Recreation Center:

Mayor Lothers stated that she had met with Doug Hood, Director of Williamson County Parks and Recreation.  They will be meeting again in the near future.

Economic Development:

Mayor Lothers stated that Alderman Alexander is attending the Williamson County Economic Development monthly meetings. She noted that Piggly Wiggly has closed and this is being addressed within this entity.

MTAS:

Mayor Lothers stated that MTAS Consultant, Ron Darden, would like to hold a training session for the board.  She asked the board if day or evening would be adequate.  The board agreed to either time as long as they were given adequate notice.  She further noted that the Planning Commission, Historic Commission and Board of Zoning Appeals would also have a training session.

The Public Hearing was opened to affirm the tax rate for the 2006 year.  The board discussed this noting that the rate was adopted within the budget, although this formality was omitted.  There was no public comment and the Public Hearing was closed.

Second 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.

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

Mayor Lothers noted that there will be a Beer Board meeting on January 22, with a meeting following to review proposals for the Rocky Fork Road re-alignment.  Engineer Woodroof noted that the board will have copies of the proposals tomorrow.

Alderman Curtsinger asked if the meeting could not wait for another week versus having a special called meeting.  Mayor Lothers noted that it was not an additional meeting, due to the required Beer Board meeting on the 22nd.

The meeting adjourned at 8:14 p.m.

Respectfully submitted,                                                 Approved,

Cindy Lancaster                                                         Beth Lothers

Town Recorder                                                            Mayor