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2008

Minutes Archive

2008-12 BOMA
Town of Nolensville Board of Mayor and Aldermen
Meeting Date: December 4, 2008, 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 Don Swartz, and Recorder Cindy Lancaster. There were 26 citizens present.
Alderman Thomas led the Prayer and Pledge. Citizens Input: Mr. Chuck Fann, 2176 Kidd Road, spoke in opposition to the common driveway ordinance.
Reverend Alfred Bennett, 7286 Nolensville Road, stated almost everything is vacant in the downtown area. He asked to keep this area in your hearts.
Alderman Dugger made a motion to approve the November 6, 2008 minutes, Alderman Thomas seconded and the minutes were approved unanimously.
Mayor Lothers made a motion to approve the treasurer’s report for October 2008, Alderman Alexander seconded the motion. The report was approved unanimously.
Chair Rick Owens reported for the Planning Commission.
• Three proposed Zoning Ordinance amendments were approved; 1. Child Care 2. Special Events 3. Flood Plain
• Monthly bond report was approved unanimously
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
• Grant celebration was held
• Donation request letters have been sent to residents
Mr. Henry Laird, Town Planner, reported for the Planning Department.
• Reviewing small GIS Map system for Town
• Annexation research is being performed
Mr. Don Swartz, Town Engineer, reported for the Engineering Department.
• Design for Nolensville-Rocky Fork Road signalization is moving forward
• TDEC is performing screening for MS4; Town must complete new application in 2009
Police Chief Paul Rigsby reported for the Police Department.
• Final day of school for Chief is December 19, 2008
• Officer will be in training next week
• Written monthly stats were distributed
Alderman Ken Thomas reported for the Town Events Committee
• A breakfast was held to honor the Veterans
• Committee has met and evaluated the event
Mayor’s Report:
a. Other
Counsel Notestine noted that there was a hearing on the condemnation case and the court awarded the property to the Town.
Public hearing of ordinance #08-12, an ordinance to amend Zoning Ordinance #04-09, pertaining to permitting uses in the Office Industrial (OI) District as it pertains to general retail, restaurants, and landscaping/nursery businesses opened at 7:20 p.m. There was no public comment. The public hearing closed at 7:20 p.m.
Public hearing of ordinance #08-14, an ordinance to amend Zoning Ordinance #04-09, pertaining to the common driveways permitting flag-type lots opened at 7:20 p.m.
Mr. Larry Gardner, 2536 York Road, is opposed to this ordinance. Mr. Tom Morris, 7383 Nolensville Road, is opposed to this ordinance.
Mr. Frank Wilson, 7345 Nolensville Road, is opposed to this ordinance in addition to Ordinance #08-13. Alderman Curtsinger, noted that he is opposed to Ordinance #08-12 due to down zoning.
Ms. Lynda Moses, Rocky Springs Road, is opposed to this ordinance. After public comment, the public hearing closed at 7:40 p.m.
Second reading of ordinance #08-11, an ordinance to amend Zoning Ordinance #04-09, pertaining to the floodplain within the Town of Nolensville, Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded and this was approved unanimously.
First reading of ordinance #08-15, an ordinance to amend Title 2, Chapter 1, of the Nolensville Municipal Code pertaining to Historic Commission, Alderman Thomas made a motion to approve this ordinance, Alderman Dugger seconded and this was approved unanimously.
First reading of ordinance #08-16, an ordinance to amend Zoning Ordinance #04-09, pertaining to the permitted special event issues within the Town of Nolensville.
Alderman Dugger has a concern on the ability to monitor this ordinance Town Planner Laird stated that it would be staff’s responsibility to make sure it was carried out properly. A permit fee was discussed by the Board.
Mayor Lothers stated that Building Official Michael Blanks would attend next month so that Board questions can be answered. Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded.
First reading of ordinance #08-16 passed by majority with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, and Alderman Curtsinger against. First reading of ordinance #08-17, an ordinance to amend Zoning Ordinance #04-09, pertaining to the zoning for day care centers within the Town of Nolensville.
Planner Laird explained this ordinance. Alderman Dugger made a motion to approve, Alderman Thomas seconded and this ordinance passed on first reading unanimously.
Reading of resolution #08-15, a resolution to amend the personnel policy in regards to sexual harassment. Alderman Dugger made a motion to approve this resolution, Alderman Thomas seconded and this passed unanimously.
Other:
Mayor Lothers advised the Board that the Planning Commission would be meeting at their normal time of 7:00 p.m. next week, although, the Trees and Trails Committee would be meeting at 6:00 prior to the Planning Commission meeting for a workshop.
Mayor Lothers stated that due to the New Years Holiday next month the Board would be meeting on Thursday, January 8th, 2009.
Mayor Lothers noted that tonight was Alderman Curtsinger’s last meeting due to the recent election and wished him well in his future endeavors. The meeting adjourned at 8:08 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster Beth Lothers
Town Recorder Mayor
2008-11 BOMA
Town of Nolensville Board of Mayor and Aldermen
Meeting Date: November 6, 2008, Time 7:00 p.m.
Nolensville Elementary School
Mayor Beth Lothers opened the meeting at 7:03 p.m. Members present were Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, and Recorder Cindy Lancaster. There were 30 citizens present.
Pastor Larry Guin of Cumberland Jenkins Presbyterian Church led the Prayer and Pledge.
Citizens Input:
Mayor Lothers congratulated Alderman Jimmy Alexander and Alderman-elect Larry Felts for their recent win in the Nolensville election. She commended Bryan Snyder and Jason Lukawitz for their hard work in running for the Aldermen positions.
Mrs. Lynda Moses, 2230 Rocky Fork Road, stated that adults would believe that experience is the best teacher in life. She said that in regards to the Rocky Fork Road realignment, some people do not understand why the barricades cannot be removed and citizens must use a curvy road. She added that she did not know the solution, although, it seems like it would be cheaper just to make it go straight through. Mrs. Moses stated that at the last Planning Commission meeting there was discussion in regards to gravel driveways and flag lots. She noted that her family has four houses on 36 acres and it is not possible for them to pave their drive. She stated that when she gives land to her grandchildren they will not be able to afford to pave this road. Mrs. Moses said that forcing them to pave this drive when they do not mind a gravel road would not be right. She stated that if the drive is paved she feels there will be more people trespassing and using this as a road. Mrs. Moses stated that citizens in the UGB will be affected and asked that this ordinance not be passed. She added that it doesn’t make an unattractive Town when the homes will not be seen from the road.
Mr. Charles Lawson, 2531 York Road, stated that about six months ago there was discussion in regards to the McCord property and a concern on paving the parking lot. He added that there was further discussion on flooding. Mr. Lawson stated that with the new ordinance it is requiring paved driveways in the Estate Residential zoning. He stated that his daughter was considering building on his property. If she builds they would be required to pave a driveway over 300’ and it would cost a substantial amount of money to pave this driveway.
Mayor Lothers stated that the October 2, 2008 minutes were the next agenda item. She stated that she is recusing herself from this vote due to not being in attendance at that meeting. Alderman Dugger made a motion to approve these minutes, Alderman Alexander seconded and the minutes were approved by majority with Aldermen Alexander, Dugger and Thomas voting for approval, Mayor Lothers recuse and Alderman Curtsinger did not vote.
Mayor Lothers made a motion to approve the treasurer’s report for September 2008, Alderman Dugger seconded the motion. The report was approved unanimously.

COMMITTEE REPORTS:
Chair Rick Owens reported for the Planning Commission.
• Childers property was approved unanimously
• Proposed amendment to the Zoning Ordinance in regards to childcare was deferred
• Proposed amendment in retail uses in the OI zoning was passed
• Proposed amendment to eliminate gravel driveways in subdivisions was approved
• Proposed amendment to not allow flag lots was approved
• Bent Creek subdivision requested a maintenance bond be removed and a reduction on a bond in regards to Phase V
• Monthly bond report was approved with some extensions granted
Mayor Lothers stated that the Planning Commission will be meeting at 6:00 with the Trails and Trees Committee conducting a workshop at 7:00 p.m. in conjunction with State Greenways/Trails Coordinator. She stated that the workshop will be open to the public, but that representatives will be invited to participate from various committees and organizations.
Mr. Bob Crigger reported for the Historic Commission, noting that there was no report due to no meeting being held. Fire Chief
Presley Hughes reported for the Nolensville Volunteer Fire Department.
• Extrication class has ended
• First responder class will end on the 18th
• Fire Prevention was last month with 700 children being presented with a program
• Insurance Service Organization will perform inspections in 2009
Mayor Lothers thanked Fire Fighter Kevin Rosenberry who provided some contact information about a grant. She stated that the Town intends to apply for this grant which is due summer of 2009. Mayor Lothers noted that this is a grant to help communities like Nolensville move toward full-time fire department positions and the Town would work with the Volunteer Fire Department.
Mr. Henry Laird, Town Planner, noted that there was not a report for the Planning Department.
Mr. Don Swartz, Town Engineer, reported for the Engineering Department.
• Noted there was not a formal written report
• Nolensville Road/Rocky Fork Road engineering plans are being completed and have been presented to the State
• Anticipated to begin request for signalization bids the first week in January
• Twelve Engineering firms have presented proposals for the Safe Route to School Grant
Mayor Lothers stated that a representative from the State had attended the “walk to school” program hosted by the Nolensville Elementary School. She noted that the representative viewed issues that were addressed in the grant. Mayor Lothers added that the Town can apply for an additional $250,000 and the representative has agreed to walk the Town through the process.
Police Chief Paul Rigsby reported for the Police Department.
• Written statistics were distributed to the Board
• Noted he is at the half-way point in school with completion being December 19
• New car is in service
• Two Officers have completed training in Rifles with the others scheduled to attend
• One Officer is obtaining training in Mississippi this week
• Community informational meeting will be held in Brentwood next week to discuss the Crime Stoppers program
• Noted that it was a quiet Halloween with every Officer being on duty
• Public education was performed in conjunction with the Volunteer Fire Department at Daycares and Kindergartens in Nolensville
• Governors Highway Safety grant was submitted for $5,000, in the past this money has been used to purchase car videos
Mr. Bob Hayes reported for the Public Works Department
• Mowing season is ending
• Noted that this Department is within its budget
• This Department will be focusing on trash pick up
• Working with the Town Events Committee preparing for the Veteran’s Day celebration
Suzie Lindsey reported for the Town Events Committee
• Commended Public Works Department for their hard work
• 118 Veterans have been identified for Nolensville
• Breakfast is being planned for Saturday
• Parade will begin at 11:00
• Young Marines will lead the parade
• Ravenwood High School band in addition to many more are scheduled to participate
Alderman Thomas noted that anyone that would like to volunteer to please notify Suzie Lindsey.
Mayor’s Report:
a. Historic Zoning Commission Appointment
Mayor Lothers noted that Chair Wanda Barker of the Historic Zoning Commission contacted her in regards to adding Betty Friedlander to the Commission. Mayor Lothers made a motion that Ms. Betty Friedlander be appointed to this Commission, Alderman Thomas seconded, and this nomination was approved unanimously.
b. other
Mayor Lothers noted that there will be an Appreciation Luncheon for Board, Commission, and Committee members that work hard for the Town. She stated that it is anticipated there will be over 100 people in attendance.
Mayor Lothers advised the Board that a trails grant has been applied by the Town of Nolensville. She noted that this grant has been submitted for approximately the past five years. Mayor Lothers thanked Joyce Powers and the other Trees and Trails Committee members for their hard work. Additionally, she thanked everyone who submitted letters of support for this grant.
Mayor Lothers stated that the January Board meeting is scheduled for January 1st. She asked if the Board would like to change this to the following week, January 8th due to the Holiday. The Board agreed to meet on the 8th versus the 1st due to the Holiday conflict.
Mayor Lothers noted that the liquor by the drink referendum was passed at the election. Town Attorney Bob Notestine went over this briefly noting that several items were going to be reviewed.
Mayor Lothers thanked Vice Mayor Tommy Dugger for placing 2nd in the Pig race at the County Fair. Mayor Lothers showed the crowd a picture of this event.
Public hearing on Ordinance #08-11, an ordinance to amend Zoning Ordinance #04-09, pertaining to the floodplain within the Town of Nolensville opened at 7:41 p.m. There was no public comment and the hearing closed at 7:41 p.m.
Second Reading of Ordinance #08-09, an ordinance to amend Zoning Ordinance #04-09, pertaining to the sign regulations in Appendix A. Planner Laird distributed a written amendment. Alderman Dugger clarified that this ordinance is a safety and clutter issue.
Counsel Notestine asked if “the Codes Director” was normally used to enforce this ordinance. Counsel noted that in other ordinances it states the Mayor or his/her designee. Alderman Dugger made a motion to approve this ordinance with the Planners amendment, in addition to having the ordinance reflect, “the mayor or his/her designee”; this was seconded by Alderman Alexander.
With the amendments this ordinance was approved unanimously by the Board. First reading of ordinance #08-12, an ordinance to amend Zoning Ordinance #04-09, pertaining to permitting uses in the Office Industrial (OI) District of zoning ordinances as it pertains to general retail, restaurants, and landscaping/nursery businesses. Town Planner Laird went over this ordinance for the Board. Alderman Alexander asked Planner Laird if this ordinance came about due to a review of property that is coming into the Haley Industrial Park. Planner Laird noted that was correct.
Alderman Thomas asked if there was any discussion at the Planning Commission with the design of a restaurant. Mr. Laird stated that was not really discussed. He noted that if they are on a major arterial they would have to meet certain criteria.
Alderman Curtsinger asked if sidewalks were removed from OI District. He stated that he believed sidewalks were removed or placed only on one side about two years ago. Alderman Curtsinger asked if this should be reviewed since retail will be placed in this zoning. He added that if there are businesses in that zoning with retail, there will be walkers. Planner Laird noted this was addressed in the Subdivision Regulations. Alderman Alexander noted that when the Planning Commission reviewed the plan it was an industrial building with one section that wanted to have a retail section. He stated that it was not the intent to have a number of retail establishments within this zoning.
Alderman Curtsinger stated that if there is a flower shop or something else of that nature there may need to be some connectivity. Planner Laird stated that he thought the OI has been looked at differently than the main corridor. He stated that he felt there would not be many retail establishments in that zoning. Alderman Dugger stated that staff may want to review this issue. He added that he did not perceive a large retail going into OI zoning, but maybe a small paint store or a small sandwich shop.
Alderman Thomas stated that what kept catching his eye was that a restaurant would probably not want to be in the back of OI zone due to the lack of visibility. He said that it would be a cheaper way for a small sandwich shop to get started. Alderman Alexander noted that if the Board’s concern was with restaurants, he thought that there could be ordinances that limit a restaurant to a 500 or 250 square feet minimum.
Mayor Lothers asked if Alderman Curtsinger would like to sponsor something to go before the Planning Commission regarding sidewalks in the Office/Industrial area.
Alderman Curtsinger stated the he felt it should be reviewed if retail was going to be allowed. Mr. Laird stated that the Planning Commission could review this issue, although he did not think it contradicts the intent of OI zoning.
Alderman Curtsinger stated that there may be some other aspects that the Planning Commission did not consider. Alderman Thomas stated that if a restaurant was looking for an economical place to initiate a business this would be an ideal location. Alderman Thomas stated that he did not feel this would fit in this zoning or was what the Board wanted the future of the town to look like. He added that, would it ever happen, he did not know, but it could happen if the Board leaves it written like it is.
Mayor Lothers stated that she felt that restaurants would want higher visibility. She added that it is so expensive for a “mom and pop” to get started, although a lot of requirements for commercial kitchens are dictated by the State.
Alderman Curtsinger stated that anything that pays sales tax is better than a warehouse that does not pay anything. Alderman Thomas noted that was a good point and if the building site is reviewed, he thought it could be better and it could work.
Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded, and this was approved unanimously.
First reading of ordinance #08-13, an ordinance to amend Zoning Ordinance #04-09, pertaining to the issue of allowing gravel surface private roads.  Planner Laird noted there is three different parts to this ordinance. Mr. Laird went over this ordinance noting the specifics. He stated that the Planning Commission recommended this ordinance.
Mayor Lothers asked Town Engineer Don Swartz if there was a middle ground to not require the entire drive to be paved. She inquired about a possible asphalt apron. Mr. Swartz stated that it could be reviewed. Alderman Curtsinger asked if there was a “farm house cluster” addressed in the Subdivision Regulations.
Alderman Curtsinger stated that he thought it was for ten homes. Alderman Curtsinger stated that the intent of the farm house cluster was to skirt some of these costs.
Mr. Larry Gardner from the audience stated that was why there is a 50’ easement instead of the 22’, this was due to if the Town ever took over the road there would be a base. He added that the situation Lynda Moses brought up earlier was discussed extensively during that time.
Mayor Lothers asked for staff’s opinion on this issue. Mr. Laird stated that since Alderman Curtsinger has brought up the “farm house cluster”, this section could be reviewed to see exactly what it states.
Mayor Lothers made a motion to defer this ordinance until next month, Alderman Thomas seconded, and this was unanimously approved.
Alderman Curtsinger stated that he was not in favor for paving this due to it putting an undue burden on people wanting to build homes for their family. Alderman Alexander stated that he had never seen a private road that does not meet the Town’s standards.
Engineer Swartz stated that he did not believe the Town had a standard for a gravel road. Mr. Laird stated that he felt it would be best for staff to review this. He noted there is a farm house cluster in ER zoning that is different.
First reading of ordinance #08-14, an ordinance to amend Zoning Ordinance #04-09, pertaining to the common driveways permitting flag-type lots. Planner Laird went over this ordinance explaining the content and the definition of a flag lot to the Board. Alderman Alexander stated that in order to avoid confusion, this ordinance should be reviewed in two sections. He stated that he has discussed this with Town Planner Henry Laird and Town Engineer Don Swartz and it could go either way. He added that the last sentence adds to confusion in regards to flag lots.
Alderman Alexander made a motion to delete the last sentence “the minimum frontage shall be twenty-five (25) feet”, Mayor Lothers seconded the amendment. The vote was taken on the amendment and this was unanimously approved.
Town Planner Laird went over Section 2 in regards to common driveways extensively. Alderman Alexander stated that the Board needs to decide if Nolensville wants this type of development or not, in addition to what problems could be with it. Mayor Lothers said she had abstained at Planning Commission on this and has since talked to several people getting a couple different responses. She noted that one said they would like to build for a relative on their land and then another person said they did not want to look at homes so close and that is why they bought a larger piece of property. Alderman Alexander stated that sums up the two sides of the issue.
Alderman Dugger said that he thought this was a loop hole that needs to be cleaned up within our documentation. Alderman Alexander stated that the question is do we really want this type of development. Planner Laird added that there would not be any screening. Alderman Dugger stated that if he lived on that property he would not want to look at the back of homes. Counsel Notestine stated that some cities have done away with flag lots period, and this is partly due to safety issues.
Alderman Thomas stated that he would think if someone bought a larger piece of property it would be due to privacy, although he could definitely see both sides of the issue.
Mayor Lothers asked if there was a way to handle this through the permitting process, such as notifying the adjoining property owners. Mr. Laird stated that the farm house cluster is there for families who have ten acres or more and not pave the road.
Mayor Lothers asked for Chief Hughes opinion in regards to emergency vehicles. Chief Hughes stated that he’s driven the type of road they are discussing and it is ten feet wide. He stated that an emergency vehicle is nine feet and there may be multiple vehicles. Chief Hughes stated that it would be difficult to get emergency vehicles back there.
Alderman Dugger made a motion to approve this ordinance, Alderman Thomas seconded. The vote was taken and approved by majority with Mayor Lothers, Aldermen Alexander, Dugger, and Thomas for, Alderman Curtsinger against. Alderman Curtsinger stated that he doesn’t know enough about it to vote for it yet.
First reading of Ordinance #08-15, an ordinance to amend Title 2, Chapter 1 of the Municipal Code pertaining to Historic Commission. Alderman Dugger noted that there is a typographical error and this ordinance should read Ordinance #08-15.
Mayor Lothers made a motion to approve this ordinance, Alderman Thomas seconded, and this was approved unanimously. Reading of Resolution #08-14, a resolution to amend the personnel policy in regards to disability/workers compensation. Mayor Lothers noted this was recommended by TML. Mayor Lothers made a motion to approve this ordinance with an amendment that Section 2 becomes Section 1, Alderman Thomas seconded, and this resolution passed unanimously.
Reading of Resolution #08-15, a resolution to amend the personnel policy in regards to sexual harassment. Alderman Thomas made a motion to approve this resolution, Alderman Alexander seconded. Alderman Dugger said that he has seen a lot of harassment policies and his concern is the “shall” language for a sexual harassment clause. There was extensive discussion on this issue with concern to the language. Alderman Thomas withdrew his motion, Alderman Alexander withdrew his second. Mayor Lothers made a motion to defer until next month so that the language can be clarified. Alderman Thomas seconded and this was unanimously approved.
Reading of Resolution #08-16, a resolution to release CK Development Performance Bond on Clovercroft Road. Mayor Lothers noted that a Representative from CK Development was in attendance for any questions. She noted that this bond was held due to some drainage easement issues. Mayor Lothers asked if this had been resolved. Planner Laird stated that this was in litigation and it had been resolved. Mr. Laird went over this resolution noting the various issues that surround this bond. He noted that this bond expires December 1, 2008. He noted that it is a short time line and action is needed. Mr. Laird stated that this Performance Bond has been reduced to $69,000.00. The only other issue linked is the new Clovercroft Road extending to Nolensville Road brings the need for a traffic signal. It is not addressed in this bond, but the Developers have agreed all along that they would provide for a traffic signal. Mr. Laird stated that it is in the Planning Commission, Board of Mayor and Aldermen, and various workshop minutes their commitment. He noted there are various traffic studies, including Fischbach’s and RPM studies that show a signal. During the three year period of this bond the Town of Nolensville adopted an Impact Fee. The Bent Creek Development has paid Road Impact Fees on 34 homes which comes up to $99,008.00. Mr. Laird stated that therefore this Development has contributed to that fund. The traffic signal is a part of the Road Impact Fee Plan. Mr. Laird said that the thing to do would be for the Developer to pay the difference of the cost of the traffic signal and the collections for the Road Impact Fee which is roughly $34,992. Planner Laird stated that he thought the Developer has a different viewpoint.
Mr. Eric McNeely, representative of CK Development, stated that they disagree with staff and staff has their facts wrong. He stated that the facts as being a condition of Bent Creek approval they were asked to acquire right of way from a city official. Mr. McNeely stated that they proceeded with roadway construction plans and sought Planning Commission approval. He stated that the road was then built out of their funds.
Mayor Lothers stated that for clarification the statement that Mr. McNeely made that the developer was required to purchase land from a city official. She stated that it was a property owner and Mr. McNeely had characterized him as a city official. Mr. McNeely apologized and stated a property owner. Mr. McNeely stated that at the time of the road completion, bond improvements were established. He stated that no where in the submittal of the construction documents and no where in the bond approval signalization at that intersection was mentioned. He stated that for the past two years this bond has been held up for a pre-existing condition. Mr. McNeely added that within that time Stantec Engineering has rectified the problem with the property owner. He stated that his company feels that they will assist the Town, but they strongly oppose a condition set tonight that on releasing the bond that they post either a check or a bond to make up the balance. Mr. McNeely stated that they asked for a set of construction plans and a competitive bid to get the most competitive price for the signal and to be involved in that process, if they are going to funding the signal.
Mayor Lothers stated that a point of clarification would be to state that the engineering plans were going to go into the bid process for that project. She stated that the Board has approved the Design Engineer for signalization. Basically we are now talking about funding. She stated that in all fairness she has had people approach her right after she was elected saying that they recalled Bent Creek, Cates and Kottas, agreeing to donate toward that project. Mayor Lothers read documents that Planner Laird had researched that she shared with the Board. She stated that they had a meeting with Mr. Cates and he was very agreeable at the time. Mayor Lothers stated that she was trying to discern if Mr. McNeely was more concerned about the cooperation of being connected to this bond release or if they are having second thoughts in terms of that discussion. She stated that if the Board does entertain the releasing of that bond, what form of guarantee does the Town have that that discussion would be honored. Mayor Lothers noted that she had two pages of notes from the meeting with Mr. Cates that was attended by the Town Planner and Town Engineer. She stated that the Town Planner had researched this issue and retrieved documents that pertained to the signalization. Mayor Lothers read from the various documents stating, “conditions of the approval of the Bent Creek PUD, the Bent Creek PUD workshop on February 19, 2004 at Nolensville Town Hall, a mutual agreement between CK Development with the Town of Nolensville item #8 to install signal prior to build out, they indicated that the signal on Nolensville Road is still subject to TDOT approval, Steve Cates will put a signal in when the Town wants it”, she stated that she could go on and on. She stated that she had Planning Commission meeting minutes from January 15, 2004, “Bob Murphy with RPM Transportation Consultants presented the traffic impact studies performed for the proposed project. The developer would be willing to install the proposed traffic signal at Nolensville Road and Clovercroft Road whenever the Town desires.” Mayor Lothers stated that from the Fischbach traffic study it shows a traffic signal at that intersection.
Mr. McNeely stated that his company is asking that this be made a separate issue and to be released from the bond without discussion of the signalization. Alderman Curtsinger asked what the terms of the agreement were with Mr. Wilson. Mr. McNeely stated that it was his understanding that Stantec settled with the property owner on a drainage issue. Counsel Notestine stated that the town was not a party to that dispute and it may be confidential between the property owner and Stantec. Alderman Curtsinger stated that the road flooded and nothing has changed since August of 2007. He added that the Cemetery Board had some agreements that he is unsure if they have been completed. Alderman Curtsinger stated that the fact is that the road still floods. He added that he had pictures showing 18” of water over the road.
Engineer Swartz stated that the problem is at the intersection and part of the drainage ditch and drainage structure was outside of the right of way. He stated that there have been changes with piping under Nolensville road and will be additional work done as part of the Nolensville-Clovercroft Road realignment. Mr. Swartz stated that the drainage features were outside the right of way. Alderman Curtsinger asked that if tomorrow the Town gets 5 inches of rain will it not flood. He stated that the road still floods and until that is completely settled, the Town should not release this bond. Counsel Notestine stated that normally a road goes from Performance to Maintenance and this bond has been a Performance Bond for three years. Mr. McNeely stated that he thought the majority of the roads in Nolensville would flood.
Alderman Curtsinger stated that the majority of the roads within Nolensville have not been recently built. Mr. McNeely stated that they built the road per the approved plans and design standards within the regulations. Alderman Alexander asked why it was not reduced to a Maintenance Bond.
Counsel Notestine stated that Nolensville took the stance that the problems were not resolved and until they were resolved it would not be reduced. Alderman Curtsinger stated that until everything is in place and that road does not flood this bond should not be released. Counsel Notestine stated that he reviewed the documentation that the Mayor discussed earlier and he agreed that there was a promise in a workshop and they had agreed to participate in the light. He said that he agreed that the traffic light was not a part of the bond, although if Mr. McNeely is willing to say on behalf of CK Development they are willing to do what they have promised in the past, then the Board may consider his offer.

Alderman Alexander stated that the road has been built to the Town’s standards. Mr. Swartz agreed that the road was built to the approved plan. Mr. McNeely stated that if Nolensville has a major storm event, if it is designed to the standards he did not see how that was an issue. Mr. McNeely stated that Frank Wilson and CK Development did some land swap, in addition with the Cemetery. He stated that CK Development has fulfilled the obligations of paving at the cemetery.
Alderman Curtsinger asked the Town Engineer if the Town regulations state anywhere that a road cannot flood. Mr. Swartz stated it establishes a storm event, and it is a ten year event. Mr. Swartz stated that if it is a 100 year event Nolensville is going to be under water. Alderman Curtsinger asked if Nolensville had a 100 year event a couple of years ago. Engineer Swartz stated that it could have very well been one.
Mr. Swartz noted that on the intersection, the Town is performing some improvements to address drainage issues. Alderman Curtsinger stated that water has come up over that road more than once. He added that he felt the Town has not had multiple ten year floods numerous times over the past.
Alderman Alexander asked Mr. Swartz for clarification on his statement that Town would be performing work on drainage issues. Mr. Swartz stated that CK Development has done their part and built the road to Nolensville’s standards. He stated that the question is does the Town want to tie this to the signalization. Alderman Alexander asked Mr. McNeely if the Town did not get the assurances now for the signal, when could it get the assurances that they would assist with the signal.
Mr. McNeely stated that CK Development has met with the Mayor and has stated that they will work with the Town. He stated that Nolensville has asked CK to secure a portion of the cost and they would like to get their hands into it and be a part of the bid process.
Alderman Thomas stated that CK has agreed to work with the Town. He asked what that meant when they said they would work with the Town. Mr. McNeely stated that CK does not want to get this tied to signalization. He stated that his company wants to separate the issues. Alderman Alexander asked if Mr. McNeely could see it from Nolensville’s point of view. He asked Mr. McNeely what assurances did the Town have that they would participate in the signalization. Mr. McNeely stated the he could not have any contingencies and they wanted to be more involved in the signalization project. Mayor Lothers stated that the Town was asked by Mr. Cates to come up with an amount. She stated that the Town has come up with $34,000 and she feels this is quite fair. She noted that the Town has a relationship with every builder and developer and it is the Town’s job to protect the public good. Mayor Lothers stated that she was in agreement with Alderman Alexander that the Town does not have anything to “hang our hat on”.
Mr. McNeely stated that he did not want to get into a big discussion on this. Alderman Dugger stated that he was already in discussion. Mr. McNeely stated that he was not comfortable right now with what the Board is requesting. He added that he thought the Town should be very careful right now in this deliberation.

Alderman Curtsinger made a motion to convene to an executive session for an attorney-client discussion, Alderman Thomas seconded, and the board adjourned at 9:16 p.m.
The meeting was reconvened at 9:34 p.m.
Mayor Lothers noted that the Board had legal questions for the attorney. Alderman Alexander asked if Mr. McNeely was willing to stand there on behalf of the developer/company to make a firm commitment by December 1st, if the Town will provide all of the documents to make up the difference of the signal.
Mr. McNeely stated that he cannot make a commitment about the signalization. He stated that the signalization is not attached to this bond. Alderman Alexander stated that the Town does not have a firm commitment from you to take care of the signalization. Alderman Dugger asked what if the Board took a month to review the minutes and the previous commitments this Developer has made. Mayor Lothers stated that she views this as part of the road performance. She stated that the signalization benefits CK Development’s residents.
Mr. McNeely stated that he appreciated Beth’s opinion, although with Tommy’s statement, if it is deferred until next month, December 1st, will have passed. He stated that by deferring they would go into default on the Letter of Credit. Alderman Dugger stated that he understood but there is not a commitment. Mr. McNeely added that Steve sent the Mayor and Henry an email late this afternoon and he stated where he stood on this issue. He stated that this is to release CK from the roadway project and this is a separate issue. Alderman Alexander stated that this Board is trying to help Mr. McNeely. He stated that he could call who ever he needed to and the Board would wait.
Mr. McNeely stated that he did not need to call anyone that he stood that this is a separate issue and CK Development is asking that the BOMA release a bond on this issue. Alderman Dugger stated that there are minutes stating that CK Development will provide a traffic light when it is ready. Counsel Notestine stated that maybe the Town needs to research this some more, but they would have to continue the bond. Alderman Dugger noted that sometimes that is just a part of doing business.
Alderman Curtsinger asked if the road project was completed. He stated that this is a complete package and it can’t be done 85% of the way. Mr. McNeely said that he has stated the facts. Alderman Curtsinger asked what was approved. Mr. McNeely stated that a road that ran through Frank Wilson’s property that was what was approved. Alderman Curtsinger stated that the Town did not specify where the road must go, it required a road.
Alderman Thomas stated there are too many questions. He stated that he knows that Mr. McNeely has stated that the performance is meeting everything that you say, although it is not in completion as an overall project.
Mr. McNeely stated that he feels this issue is about the signalization and making a commitment. He stated that the public has been using this road for over three years and the Board is asking the Developer to maintain it and keep liability.
Alderman Dugger noted that Mr. McNeely had said that his company had been sitting on this bond for three years. He noted that was not the Town’s responsibility this was in litigation.
Mayor Lothers stated that this Board is in a position with the lowest property tax rate in the county and is trying to perform a lot of work. She stated that she felt that everyone involved can see this as a team and it doesn’t need to be adversarial. Mayor Lothers stated that we all want to move forward and at the end of the day that is what we all want. Mr. McNeely stated that he strongly suggests to this Board that the signalization is not a part of this issue. Alderman Dugger stated that he felt it is a point of view.
Alderman Alexander asked Mr. McNeely if he was in a position to give the Town anything. Mr. McNeely stated that he was not and he did not think it was necessary to defer this. He stated that CK Development had sit down with the Mayor and Town staff to discuss this issue. Mayor Lothers stated that she did not see any commitment from CK Development to assist the Town in the future. She stated that Mr. Cates conversation was “let’s do the right thing”. She added that she did not see any other way but to defer this.
Alderman Curtsinger stated that there were too many issues. Alderman Curtsinger made a motion to continue the Performance Bond, Alderman Thomas seconded. Alderman Dugger asked if the Board continued it, would this have to go before the Planning Commission. He additionally asked if the Board defers can a Special Meeting be called. Counsel stated that if it is continued it will not have to go before the Planning Commission.
Mr. McNeely asked if they could come before this board due to having renew a letter of credit. Counsel Notestine stated that if the vote tonight is to continue at this level, then they have to go back before the Planning Commission. He stated that if it is deferred they will have to renew the bond. He stated that the real key is the date of December 1st.
Alderman Curtsinger got clarification on deferring it for one month. Counsel Notestine stated that a special meeting can be called by the Mayor.
Alderman Curtsinger withdrew his motion, Alderman Thomas withdrew his second. Alderman Curtsinger made a motion to defer until a Special Meeting on Thursday, November 20, at 2:30 p.m. in Town Hall, Alderman Dugger second and this was unanimously approved.
Resolution #08-17, a resolution to release C.K. Development Maintenance Bond for Road and Public Improvements. Planner Laird noted that the repairs have been made for the release of this bond. He stated that there are some drainage issues with some drainage easements that were not on the plat. Mr. Swartz noted that he had a meeting tonight with Stantec and the property owners that are affected by the easements. He stated that Stantec has been working on obtaining these easements. He noted that the decision was made with the homeowners that Stantec and the Town would walk the property with the homeowners to discuss what can be anticipated. Mr. Swartz stated that currently Stantec has obtained about five easements out of 25.
Alderman Curtsinger asked if there was a time frame of when this will be completed. Mr. Swartz stated that he would be surprised if all the easements are obtained. Alderman Curtsinger asked what happens if they are not obtained. Counsel Notestine stated that once lots are sold it is hard to obtain the easements. He stated that some homeowners are saying they are not going to do it, some are saying that they are selling their property and let the other owner do something with it. Counsel Notestine stated there is not a time frame and his recommendation is not to release on the sections that involve the easement issue.
Mr. McNeely stated that CK Development has established a funding amount. He stated that the Planning Commission decided to bring this to BOMA and an amount that would secure those easements. Mr. McNeely stated that the Town has been provided with an established amount.
Mayor Lothers noted that Stantec had contacted the property owners and the drainage issue protects the property owner.
Alderman Curtsinger asked if the design of the PUD required it. He added that it should meet the Town’s regulations. Counsel Notestine stated that their Engineer, Stantec, certified that plan and is responsible.
Mayor Lothers stated that there were some things that were missed. Alderman Dugger added that just because it was missed it does not release the developer/engineer from the liability.
Mayor Lothers stated that it was her understanding that drainage easements are 90% of the value. CK Development has allotted 100%. Mayor Lothers made a motion to amend the resolution to release the maintenance bond on Phases 2A, 3A, and 3B, Alderman Thomas seconded. The vote was taken and this was approved unanimously.
Mayor Lothers then addressed Phases 2B, 4A, and 4B. Counsel Notestine stated that it is planned to get as many easements as they can. He stated that his recommendation was to continue with the bond in place while attempts are being made to secure the remaining easements.
Mr. McNeely stated that in the event all the easements are not signed what is the process to get release. Counsel Notestine stated that once the bond is in place, it goes to the Planning Commission and the Planning Commission will make a recommendation. With that recommendation the Board did not act on the other Phases.
Other:
Alderman Dugger stated that he would like for the Board to look at annexing the south side of Rocky Fork Road and the Silverstream Subdivision. He stated that they would have to build the remaining Phases to the Town’s Code and the Police are already going to calls in that subdivision.
Alderman Curtsinger stated that the paperwork is already completed due to the previous annexation attempt. Alderman Dugger added that he felt it should be annexed rather it was friendly or unfriendly. Mayor Lothers stated that she would not be in favor of an unfriendly annexation. Alderman Alexander stated that the Town could talk to the property owners. He asked if Alderman Dugger would be in favor of doing that. Alderman Dugger stated that he would and noted that it would be contiguous.
Alderman Dugger noted that the Bennett’s recently had an event at their home. He noted that prior to and after incorporation of the Town, leaders met their on a regular basis. Alderman Dugger asked if the Town could get some type of plaque or something to honor the Bennett’s and recognize their efforts and participation. Mayor Lothers agreed stating that maybe some type of resolution can be brought forth before the Board by Vice-Mayor Dugger. The meeting adjourned at 10:25 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                 Beth Lothers
Town Recorder                   Mayor
2008-10 BOMA
Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: October 2, 2008, Time 7:00 p.m.
Nolensville Elementary School
 
Vice-Mayor Tommy Dugger opened the meeting at 7:06 p.m. Members present were Aldermen Jimmy Alexander, and Ken Thomas. Mayor Beth Lothers and Alderman Joe Curtsinger were absent. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, Engineer Consultant Tom Allen, and Recorder Cindy Lancaster. There were 18 citizens present.
 
Alderman Ken Thomas led the Prayer and Pledge.
 
Vice-Mayor Dugger asked that everyone keep Pat Aldred in their thoughts due to the passing of her husband Bunky. He noted that the funeral would be at 10:00 in the morning.
 
Vice-Mayor Dugger advised the audience that early voting would begin on October 15th. Additionally he advised them that the Candidates forum would be held on Thursday, October 9th, at the Jenkins Cumberland Presbyterian Church.
 
Citizens Input:
 
Reverend Alfred Bennett, 7186 Nolensville Road, said he was still learning. He stated that a lot of people get irritated with rules. Reverend Bennett noted that the Town has a Design Review Committee and he is thankful for this group. He requested that the Board reduce the length of time it takes for a business to obtain a sign permit. Reverend Bennett stated that he thinks it would be good for Town Planner Henry Laird and Design Review Chairman Matt Happel to approve a sign rather than taking an entire month for review. Reverend Bennett added that when you make phone calls to Town Hall it is important to make a good impression to the caller. He stated that he likes the ladies that answer the phone at Town Hall.
 
Vice-Mayor Dugger noted that the August minutes were deferred for research. Vice-Mayor Dugger made a motion to approve the regular meeting minutes of August 7, 2008 with the insertion of the first 4 sentences on the transcripts beginning at the end of page 30, and on page 49 to add “are we in a big hurry not to defer this one meeting”. Alderman Alexander asked for clarification where Vice-Mayor Dugger wanted this inserted. Vice-Mayor explained to the audience that he had questions on the minutes from the August meeting and the Mayor had the entire meeting transcribed verbatim. He stated that Counsel recommended that the Board should not approve the transcribed version; therefore they are making changes to the minutes that were originally presented in September from the August meeting.
 
Vice-Mayor Dugger clarified that the portion he would like to be inserted, “one of the reasons I initially came to the conclusion that this was the correct place to site Town Hall was our garbage pick up on Saturday’s and when baseball starts I have to change my garbage pick up because there is 200 cars parked in the back of the building”, and the next sentence. Alderman Alexander clarified ending where it states, “It certainly is the perfect place for parking and the use of all the fields.” Vice-Mayor Dugger stated that was correct. Vice-Mayor Dugger clarified it would be inserted at the end of page 7.
Alderman Thomas stated that he wanted the minutes to reflect what was said. He added that he knew Vice-Mayor Dugger did not want to infer that this was the reason Mr. Tisano wanted Town Hall at this location. Alderman Thomas stated that he felt Mr. Tisano was back there one day and saw the cars. Vice-Mayor Dugger stated that if he did not want it to be taken out of context he would use the entire paragraph from the transcribed minutes. Alderman Thomas said he thought that would be good.
 
Alderman Alexander stated that the entire paragraph should be replaced due to duplication of verbiage. Vice-Mayor Dugger agreed and stated that the entire paragraph could be inserted to replace the fourth paragraph on page 6. Alderman Alexander seconded the approval of the minutes with these two amendments. The vote was taken with the August 7, 2008 minutes being approved unanimously as amended.
 
Alderman Thomas made a motion to approve the September 4, 2008, minutes, Alderman Alexander seconded, and the minutes were approved unanimously.
 
Counsel Notestine noted that the Beer Board minutes were not on the agenda, although they were in the Board’s packet distributed last week. He stated that by acclamation these could be addressed. The Board agreed by acclamation to vote on the Beer Board minutes. Recorder Lancaster noted that the minutes should reflect Alderman Curtsinger being absent. With this correction Alderman Alexander made a motion to approve the September 11, 2008, Beer Board Minutes, Alderman Thomas seconded and the minutes were approved unanimously.
 
Vice-Mayor Dugger noted that the Board received a letter from the Comptroller and Auditor John Poole has stated that he would correct this error. He asked for verification from Recorder Lancaster. Recorder Lancaster stated that was correct.
 
Alderman Thomas inquired about the next three months and the revenue situation for the Town. Vice-Mayor Dugger stated that there was nothing known that would make a significant change. He added that he had recently spoken to Building Official Michael Blanks and he told him that permits were down. Vice-Mayor Dugger made a motion to approve the Treasurer’s Report for August 2008, Alderman Thomas seconded and this was approved unanimously.
 
COMMITTEE REPORTS:
 
Chair Rick Owens reported for the Planning Commission.
 
  • Haley Industrial Park was reviewed
  • Zoning Ordinance amendment was approved to remove the Floodplain regulations to be a “stand alone” document
  • Monthly bond report was approved with some extensions granted
  • Request for a Daycare on the out parcel of Brentwood East was reviewed and staff was asked to review and make recommendations
 
Mr. Bob Crigger reported for the Historic Commission
 
  • Noted that Alderman Thomas and he are the only members that attend the monthly BOMA meetings on a regular basis and he makes the report to the Board
  • Met on September 25th to consider Shop Girl request in regards to door color and sign
  • The sign was approved but not the lettering and pre-approved colors had to be re-selected
 
Alderman Thomas added that the Historic Commission has asked the Design Review Committee to work in conjunction with the Historic Commission to come up with a color palette that would be at Town Hall. He stated there was some confusion and the owners of Shop Girl are going to correct the color.
 
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
 
  • Fire prevention week is October 5 -11
  • December and January are peak months for home fires
  • Extrication class ends this Saturday
  • First responder classes run through mid-November
 
Town Engineer Don Swartz reported for the Engineering Department noting that Rocky Fork Road realignment should be open tomorrow late in the day. He noted that there will be a supplement in the Dispatch and an article in the Tennessean outlining the transition.
 
Alderman Alexander clarified by asking will the traffic not be able to come through Newsome Lane to the park? Engineer Swartz stated that was correct for the interim, but noted this will just be temporary.
 
Mr. Frank Wilson, from the audience, stated that there is a family on the Rocky Fork Road to the park (from Nolensville Road), so that Road cannot be closed. Mr. Swartz stated that those two property owners will be allowed access.
 
Police Chief Paul Rigsby reported for the Police Department.
 
  • Written statistics were distributed to the Board
  • Officer Lee was activated to New Orleans last month by the National Guard, but is scheduled back tomorrow
  • New car is at radio shop getting lights and radio installed
  • Rifles have arrived, currently waiting on ammunition
  • Hazardous material suits have been placed in each patrol car
  • Street sweeper was sold for $735
  • Awarded full scholarship for classes that begin Monday for Chief
  • The Board or Chief will not have to pay for this education
 
Chair Suzie Lindsey reported for the Town Events Committee.
 
  • September 8th, this Committee met and finalized Veteran’s Day plans
  • Parade will be on November 8th
  • Sponsorship has been obtained and Town funds will not be needed
  • Breakfast will be provided to the Veterans
  • Parade will begin at 11:00 and end at the Park on Rocky Fork Road
 
Vice-Mayor Dugger commended this Committee on their hard work and last years’ Parade success.
 
Mayor’s Report:
  1. Historic Commission Appointment
 
Vice-Mayor Dugger stated that this item would be deferred until next month.
 
Public hearing of Ordinance #08-09, an Ordinance to amend Zoning Ordinance #04-09, regarding sign regulations in Appendix A opened at 7:44.
 
Planner Laird noted that the Ordinance, in addition to an informational sheet was on the Town’s website. He noted that this ordinance was created to simplify the process for a window sign. Mr. Laird said that the web-site has good information regarding this ordinance. He encouraged anyone with questions to review.
 
Alderman Thomas asked for clarification on how it would be handled for the 10% for permanent and 25% for temporary. Planner Laird stated that if the Town receives a complaint it will physically go to the establishment and measure the sign. He added that currently the way it is written, it is not clear. Mr. Laird stated that the amendment is in between Franklin’s and Brentwood’s regulations.
 
There was no public comment and the public hearing closed at 7:46.
 
Reading of Resolution #08-12, a resolution to initiate an identity theft policy. Counsel Notestine noted that this Resolution was an MTAS recommendation. He noted that a Federal Law was passed that this must be implemented by November 1.
 
Alderman Thomas noted that these are pretty stringent guidelines and if we do not abide there could be repercussions. He stated that he felt it was the right thing to do, but it will take work to oversee that there is proper training and locked filing cabinets. He asked who would be performing the training. Recorder Lancaster noted that MTAS will hold the training and they are currently working on a class to fulfill this requirement.
 
Vice-Mayor Dugger noted that it addresses credit cards. He stated that he did not think the Town currently utilizes credit cards. Recorder Lancaster stated that the Court Clerk would like to implement the use of a credit card for tickets. Although she realized that the Town did not currently use these, she wanted to keep this section in due to the possible implementation of this form of payment in the near future.
 
Alderman Alexander made a motion to approve this Resolution, Alderman Thomas seconded, and this passed unanimously.
 
Reading of Resolution #08-13, a Resolution to explore federal sewer funding options. Counsel Notestine noted that he spoke to the Mayor today and she wants to explore every avenue of possible funding for the sewer project. Alderman Thomas made a motion to approve this Resolution, Alderman Alexander seconded, and this passed unanimously.
 
First reading of Ordinance #08-11, an Ordinance to amend Ordinance #04-09, pertaining to the floodplain. Planner Laird noted this Ordinance on the agenda, in addition to the following Ordinance, goes hand in hand. He noted that it takes the flood plain section out of the Zoning Ordinance and makes it a “stand alone” Ordinance within the Municipal Code.
 
Alderman Alexander made a motion to approve this on first reading, Alderman Thomas seconded, and this approved unanimously.
 
Second reading of Ordinance #08-10, an Ordinance to amend Title 18, of the Municipal Code to add Chapter 3. Engineer Consultant Tom Allen stated that this is the Ordinance that will be placed in the Municipal Code. He noted that currently this section is within the Zoning Ordinance and requires an appeal to go before the Board of Zoning Appeals. Mr. Allen noted that the Town has a Storm Water Committee and any appeals should go before this Board. This Ordinance directs any appeal to the Storm Water Committee.
 
Vice-Mayor Dugger made a motion to approve this Ordinance, Alderman Alexander seconded, and this passed unanimously.
 
Other:
 
With no further business the meeting adjourned at 7:55 p.m. by acclamation.
 
Respectfully submitted, Approved,
 
 
 
Cindy Lancaster Beth Lothers
Town Recorder Mayor
2008-09 BOMA
Town of Nolensville Board of Mayor and Aldermen
Meeting Date: September 4, 2008, Time 7:00 p.m.
Nolensville Elementary School Mayor
Beth Lothers opened the meeting at 7:00 p.m. Members present were Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, and Recorder Cindy Lancaster. There were 41 citizens present.
Pastor Danny Garrett of Providence Baptist Fellowship led the Prayer and Pledge.
At 7:02 a public hearing opened on Resolution #08-09, a resolution to authorize and establish a tax assessment district for sewer improvements within the Town of Nolensville.
Mr. Donald Jenkins, 7639 Nolensville Road, read a letter to the Board. He stated that he owned property at 7283 Nolensville Road. He stated that he just received documentation on this project and in the resolution it states benefited properties. He stated that the Town will not allow anything to be built on his property and is requesting to be removed from this taxation.  Mayor Lothers asked who he spoke to at the Town. Mr. Jenkins stated that he read the information on the web-site and had not spoken to Town Hall staff about anything specific. Mr. Jenkins said if he benefited from the sewer he did not have a problem with paying the tax. Alderman Alexander asked if the Town had denied him. He said that he had not been in to town hall to have anything approved, although reading the regulations it would not be allowed.
Mr. Keith McCord, 7263 Nolensville Road, property owner asked to have a portion of his property to be removed from the taxation due to that parcel not benefiting. He read a portion of the statute giving the governing body the authority to make the determination of the benefiting property. He told the Board that there were three reasons why he felt that a portion of his property did not benefit. 1. It is not within reasonable distance. 2. It would require creek crossing. 3. The property already has sewer on it. Mr. McCord stated that it has workable sewer. He had a map of parcel 59.01 that showed the sewer going through this property. He asked that this property be removed from the taxation. Alderman Curtsinger asked if this was Metro’s sewer. Mr. McCord stated that he did not know. Mayor Lothers noted that a statute states that any improvement to a piece of property will affect what the property owners will be assessed in the future.
Alderman Curtsinger asked to be shown the northern boundary. Mayor Lothers stated that Exhibit A shows the boundaries. Alderman Dugger asked for the members that were in favor of this resolution to stand. There were numerous individuals that stood. He then asked for the ones that were opposed to stand. Mr. Jenkins stood noting that he was in favor of the sewer, but he had previously shared his concerns.
Mayor Lothers thanked everyone for their work on this project. She noted that when Mr. Jay Nelson met with Mike Morris with Metro Water and Sewer he had stated that the fee would be waived for the connection. She noted that she had asked for him to put this in writing and has made numerous calls to him. She noted that he has not returned her call. Alderman Alexander stated that to his knowledge no one has ever paid a connection fee, although when he went to put  this in writing there was a conflict in the code. Alderman Alexander stated that Mr. Morris stands by his word. Mayor Lothers noted that the tap fee is normally waived, but the basin and capacity fees may be the issue. She noted that she intended to move forward on this and have it on the agenda for October. Mayor Lothers stated that she wanted to have this fee information clarified prior to that meeting so that everyone would have the information before them. She then asked the Engineer of this project, Mr. Goff, to update the board. Mr. Goff stated that he had a preliminary design with him, but it was not final and still needs to be tweaked. Mr. Goff added that if anyone had any questions his number was on that map and they may contact him. Mayor Lothers asked him on the progress of the permitting. Mr. Goff stated that he had talked to Metro and they have sent it to the State Wildlife. It is before the Wildlife agency. Mayor Lothers stated that it was confirmed by consultants that the creek crossing is totally taken out of the tax assessment. She noted that if it was in the assessment it would have to go through the bid process. She noted that Exhibit E shows the Churches’ contributions. These numbers have been pulled out of the assessment. She noted that these are donations from these entities. Mr. Goff said he will find out tomorrow if Mr. McCord’s parcel, that was previously discussed, is under Metro Sewer.
Mr. Darrin Scheff, asked for clarification on the term for payment. Mayor Lothers stated that it is based on three years. Mr. Scheff ask that it be extended to five years.
The public hearing closed at 7:30 p.m.
Citizens Input:
Mrs. Lynda moses, Rocky Springs Road, noted that she appreciated what everyone had done on the sewer project and especially thanked the Mayor. She stated that without her work it could not have happened. She stated that a current merchant Mrs. Kay Williams Burns is the only original member. She noted that five generations of her family have been in the Nolensville community. Mrs. Moses stated that Mr. Jenkins family goes back six generations and all these people have knowledge that this Board needs. She stated that the residents need to come to more meetings to see what you affects them. She ask that before the Board makes a decision on the sign issue to notify the merchants for their input. Mrs. Moses stated that Reporter Charles Booth stated that people are divided up in age groups. She said that she did not like seeing that the “old-timers” do not want change. She stated that it is the old timers that have been the workers and the laborers and in 1996 worked hard for the Nolensville Incorporation. Mrs. Moses said that it was a way to control Nolensville’s destiny, control services. She asked that everyone bury the words old timers and farmers. It is very hurtful.
Mr. Jay Nelson, Nolensville merchant thanked everyone noting that what started out as a little talk and has come this far. He stated that this Board is making it happen and thanked everyone.
Alderman Dugger stated that he had amendments for the regular meeting minutes of August 7, 2008. Alderman Dugger stated that he felt he had a couple of points that was important to get into the minutes. He stated that on page 6 in the second paragraph Bill Tisano said that, “one of the reasons he came to the conclusion that this was the correct place for Town Hall was on Saturday that he had to change his garbage pick up because he has 200 cars parked in the back of the building.” There was discussion on this statement with the Mayor noting that the minutes could be deferred if the board wishes to listen to the tape.
Alderman Alexander stated that he had a disadvantage because he had not listened to the tape and would like to. Alderman Thomas stated that he wouldn’t mind deferring the minutes. He stated that even if that is one of his reasons, it is going to be up to this board to determine if that’s a place for Town Hall or not, not Bill Tisano. Alderman Thomas stated that for that alone he did not see where we would defer it. He added that he would be willing to do so just to hear the tape.
Alderman Dugger noted that on page 9 in the third paragraph he stated that during that discussion, “are we in that big of a hurry not to defer for one more meeting,” and “what I don’t understand is what’s the rush to pass the resolution if we’re not going to do anything for 30 days.” He added that in the next paragraph Mr. Tisano said, he would be willing to wait 30 more days.
Alderman Dugger stated that not to change the minutes, but for clarification, on page 8 it states that when there was a Town Hall Committee the Mayor had stated that there was not a Land Use Policy Plan and there was one adopted. Mayor Lothers clarified that the workshop notes she provided on the Town Center indicated what was from the Comprehensive Plan draft and from the Land Use Policy Plan, but to her knowledge the Land Use Policy Plan had not been adopted yet when the Town Hall Committee had met. Mayor Lothers stated that Town Planner Henry Laird can review this.
Alderman Curtsinger made a motion to defer the minutes and review the recommended changes, Alderman Alexander seconded. This was unanimously approved. Mayor Lothers made a motion to approve the treasurer’s report for July, Alderman Dugger seconded the motion. The report was approved unanimously.
COMMITTEE REPORTS:
Chair Rick Owens reported for the Planning Commission.
• Zoning ordinance amendment for Appendix A in regards to sign regulations was approved
• Floodplain regulations were approved
• Monthly bond report was approved with some extensions granted
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
• Extrication class is ongoing
• CPR classes will begin in the near future
• Have lost six members, four were terminated, two resigned
• October is Fire Prevention Month
Mayor Lothers commended the Fire Chief and Chief Rigsby for their hard work on a brush fire at Silverstream Subdivision.
Town Engineer Don Swartz reported for the Engineering Department noting that his experience lies in the design aspect, although staff member Bennie McCoy who is an Inspector for the Town has brought a wealth of knowledge into the road construction area. He commended Mr. McCoy and noted that the Town was fortunate to have him. Mr. Swartz noted that the Safe Routes to School grant contract has been received from the State. He noted that the advertisement for the Environmental Engineering has been prepared and should be published by next month. Mr. Swartz noted that Rocky Fork Road realignment is almost completed. He noted that Resolution #08-10 would be before the Board tonight to move forward on the eastern access to the park.
Police Chief Paul Rigsby reported for the Police Department.
• Written statistics were distributed to the Board
• Parking tickets have been written due to numerous complaints
Chief Rigsby advised the Board that Williamson County Officer Mr. Ricky Headley, Jr. took his own life. He was the Resource Officer at Sunset Middle School. A fund has been set up at First Tennessee Bank in honor of his daughter. Mayor Lothers noted that Chief Rigsby had distributed a letter with information in regards to a long-term commitment for education. She noted that she wanted to bring this before the Board for their recommendation. Chief Rigsby noted that it is school that will be a ten-week commitment Monday through Friday with Thanksgiving off. He advised the Board that this school is very prestigious. Northwestern University conducts this educational training and is very extensive. He noted that the benefit would be that each attendee gets 21 college credits. Chief Rigsby stated that the tuition would be $3,200 and the Tennessee Department of Safety is hosting this school. He told that Board that he realized the tuition was excessive and he would be willing to pay a portion. Chief Rigsby stated that he had applied today through the Chief’s Association for a grant. This organization will notify the recipients sometime in September. He advised the Board that due to deadlines he had already applied and has been accepted. It was a selective process with only 20 positions available. Mayor Lothers stated that she brought this to the Board because it will effect the staffing in Nolensville and noted that it will be in Nashville and if he is needed he can be called in to Nolensville. Alderman Dugger stated that he felt it would be an asset to the Police Department and he has discussed several options with the Chief. Alderman Dugger noted that it was well within the Mayor’s authority to approve this and noted that it would not relieve him of his duties in any way in Nolensville. Chief Rigsby stated that it would not affect the coverage within Nolensville. The town will still have 24–7 coverage.
Alderman Dugger said that he did not think the Town could afford all of the tuition, but could make a portion of it as a payroll deduction. Alderman Dugger stated that he would suggest the Town pay $2,000 and the Chief pay $1,200. Alderman Thomas stated that he thought it was a wonderful opportunity for the Chief and Department. He added that he understands $3,200 is a lot out of the pocket and suggested that if the Town pays the entire amount could the Town ask for a two year commitment from the Chief and if he doesn’t stay at Nolensville he will have to pay the Town back. Counsel Notestine said that was possible, although the Chief is considered an employee and not a contract employee. He is an “at will” employee. Counsel added that he did not see any problem with having this agreement. Counsel Notestine said that the Board can put this in the minutes, with the Chiefs consent and it is made part of the record. Alderman Thomas stated that this was just an idea.
Mayor Lothers asked the Chief what the Departments training budget. Chief Rigsby stated it was $2,500 and the post training requirements are January through December. He stated that the other Officers have completed their training for this year. Mayor Lothers clarified that currently there is roughly $1,900. Alderman Dugger said that he did not particularly like contracts. Alderman Alexander said that he agreed. He said that if the Chief wants to leave and has an opportunity and can not, he would not be a very good employee. Alderman Curtsinger stated that the question comes up if this is offered to one employee and not another, this would not be fair. Alderman Curstinger noted that most companies will send you to school, but there is an agreement or contract. The agreement would be that we will send you to this school, but there will need to be a commitment on the employees’ behalf. He stated that the next person that makes a request how could this Board deny them. Alderman Curtsinger stated that this is college credit. Mayor Lothers noted that Chief Rigsby is one of the most frugal Department Heads and tries to get free training whenever possible. She asked Counsel Notestine if this Board would be setting a precedent by allowing the Chief to attend this school. Counsel Notestine noted that this is something new for Nolensville and it is the Chief position, not an Officer.
If the Board did this for an Officer it would have to be offered to them all. Alderman Thomas stated that he felt the Board is saying that it supports employees in the education path. Alderman Curtsinger reminded the Board that one of the reasons the Town got in the $10,000 situation was because it did not follow rules. Mayor Lothers noted that this type of intensiveness in training and it being local is a very important point. Alderman Dugger stated that he felt it should be reviewed on a case-by-case basis. He noted that it is part of the day-to- day decision of the Mayor and he supports this opportunity. Alderman Dugger made a motion for the Town to pay the full $3,200 with $2,000 being paid by Town and $1,200 to be payroll deducted in 26 pay periods, Alderman Alexander seconded. Mayor Lothers clarified there was $1,900 in the budget for education. Alderman Dugger asked if she would be changing that. Mayor Lothers stated that for budget purposes the Town could pay $1,900 and the Chief pay $1,300. Alderman Curtsinger inquired about staffing. He asked if an officer had to take someone to jail, who would fill that position. Chief Rigsby stated that is currently how it is at night and in the afternoon. Alderman Curtsinger stated that he felt it should be in writing that if he doesn’t finish school he must refund the Town and he should commit to the Town for five years. Alderman Thomas noted that it is fairly standard that there is a level that must be achieved by the employee. Alderman Dugger noted that the Chief benefits with the 21 hours of college credit, the course itself is going to be a benefit the Town. Alderman Curtsinger stated only if he completes it successfully. Alderman Dugger withdrew his original motion, Alderman Alexander withdrew his second. Alderman Dugger made a motion that the Town pay $3,200 for the class and the Chief will pay $1,200 over 26 pay periods to the Town. If the Chief resigns, fails the course or fails to complete the Course the total $3,200 will be paid by the Chief. Alderman Alexander seconded this motion and this was approved unanimously.
Alderman Thomas reported for the Town Events Committee noting that this group is planning the Veterans Day Parade. He advised the audience if anyone knew of a Veteran in the Town to please notify Town Hall. He stated that the “Dispatch” will have information on this event. If they were involved last year in the Parade, the Committee already has their name. Alderman Dugger noted that Chair Suzie Lindsey reported that there was a positive cash flow. Mayor Lothers added that this Committee worked hard and their donations were very high and were planning to use some of those funds for the Veterans Day Celebration. Mayor’s Report:
a. Other
Mayor Lothers stated that she attended a Williamson County Economic Development meeting and thanked Alderman Alexander for serving in this capacity in the past.
Mayor Lothers addressed Festival Permits noting that this item was not on the agenda and she is bringing it before the Board strictly for their input. Mayor Lothers noted that currently there can only be four permits per year. She said that she was going to respect the history, but wanted to get input from the board in this area. Planner Laird noted he pulled some definitions out of the Zoning Ordinance for the Board to review. Mr. Laird went over these definitions. Mayor Lothers asked if the Festival permits were being applied for mostly in the Historic area. Engineer Swartz stated that it has been sometime since there had been an application made outside of the Historic area.
Alderman Dugger asked if the Mayor was asking for changes. She noted that the Town wants to be business friendly to support business in this area, but it is difficult for staff to interpret the ordinance. She said there are property owners who apply for permits and there are also tenants who want to apply.
Alderman Curtsinger noted that if the businesses are going to be permanent once the sewer becomes available the simplest thing to do is go to the BZA. He asked for Counsel Notestine’s opinion. Counsel Notestine agreed noting that if the Board wishes to change this portion in the Zoning Ordinance it must go before the Planning Commission and then back to this Board. Alderman Dugger noted that if you continue to have the event it becomes a permanent festival. Alderman Curtsinger added that most of this is because the sewer is not provided at that location. Mayor Lothers asked for the fee amount to go before the BZA. Engineer Swartz noted it was $50. Mayor Lothers asked for any other feedback. Alderman Curtsinger added that this Board should not do anything drastic until the sewer is installed.
Reading of resolution #08-10, a resolution to authorize improvements associated with the Rocky Fork Road realignment. Alderman Curtsinger stated that he objected to the question. He noted that with parliamentary law it stated that you can object to the question. Alderman Curtsinger noted that there needs to be a two-thirds majority before this may go forward. Counsel Notesine stated that he had not heard of that objection. He added that there is a motion to take from the table. Mayor Lothers said that there is an objection to consideration, but she did not see an objection to the question. Mayor Lothers passed a Roberts Rules of Order book to Alderman Curtsinger. Alderman Curtsinger read the parliamentary procedure that addressed objecting to consideration and reiterated that the board must have a two thirds vote to move forward. Counsel Notestine stated that there is a motion and it does not have to have a second. Mayor Lothers noted that for the Board members that wish to move forward on resolution #08-10 to raise their hands. Mayor Lothers, Aldermen Alexander, Dugger and Thomas raised their hands. Mayor Lothers went over the resolution and the process that the Town has taken to this point in regards to this piece of property. She noted the Town has met with the property owners and has gone before a Mediator. Mayor Lothers noted that it was her understanding that the concern of the owner was being the width of the property. She noted she met with County Mayor Anderson and discussed exchanging current property owned by the Town with the County. The County would replace the property behind the home on Rocky Fork Road. Mr. Don Swartz showed the Board where the Town would take approximately 6,000 square feet in front for the road noting the county would exchange that with an equal portion of land behind the home. Counsel Notestine noted that he has spoken to the Franklin City Attorney and went through the process of property being condemned. He said that in most of the cases he has seen the court will allow the government to begin work and then it will be resolved in court. Alderman Dugger noted that this condemnation is a little different because the Town is offering the same amount of land in addition to monetary compensation. Counsel Notestine stated that is correct and their overall acreage would not be diminished at all. Alderman Alexander inquired to the reaction of the Jobe family with the land exchange. Mayor Lothers stated that they told her they could not all agree and then read a letter that she had sent to the property owners. Mayor Lothers noted that the Town wants to be as fair as possible to the property owner, in addition to the Town. If the Town does not proceed there will not be an eastern access into the park.
Alderman Thomas stated that staff had done a great job at putting together information for the Board to review and felt that at this point he felt the Town had done everything to be fair. He noted that there were two appraisals obtained in addition to mediation. Alderman Thomas noted that additionally equal land will be given for compensation. He noted that public safety is an issue and being at the Park on a weekly basis he sees the number of participants. Alderman Thomas stated that the Town has looked at about every option that is out there.
Mayor Lothers ask that the Board members to give their attention to the speaker and not have private conversations.
Alderman Alexander noted that he had met with Engineer Swartz and has not seen any better option. He added that he thought the Mayor had gone above and beyond and the offer was very fair. Alderman Alexander stated that as unfortunate as this is, he felt the Town must proceed. Alderman Dugger stated that this is a hard thing to do, but sometimes you have to do hard things. He asked if the property owners were aware that this was on the agenda tonight. Mayor Lothers said that she had the same concern with the wording on the agenda. She noted that they were advised by Mr. Swartz and the Mediator that the Town would go through this process. Mr. Swartz confirmed that he explained the process to the Jobes. He added that on the night the Mediator met with the Town, the Town had every intention to move forward. Alderman Dugger clarified that the mediator made it clear the Town could move in this direction. Mr. Swartz stated yes. Counsel Notestine noted that the Mediator did not give them exact dates, but said the Town would move forward. Alderman Dugger inquired to their response. Mr. Swartz stated that he did not recall any response other than they did not want to negotiate the sell of the land. Alderman Curtsinger stated that this was the first he had heard of condemnation. Mr. Swartz stated that he had no reason to believe it would go to condemnation. He noted that not until the Mediation did he know that it would take this turn. Alderman Curtsinger stated that he thought the Board should have been made aware of the Mediation. He noted that the letter says that this is the only option. Alderman Curtsinger stated that he recalled a meeting after the Charlie Holt hearing the Board held a meeting and a vote was taken. Mr. Swartz said that he recalled the Board voting on this option in March at a regular BOMA meeting. Alderman Curtsinger stated that in this letter it states this is the only option. Alderman Curtsinger added that the word condemnation has not been used. He asked why didn’t the Town go down the road and condemn someone else’s property.
Mr. Swartz noted that it is a balance what is going to be safe and acceptable, and what is going to be financially feasible. He noted that this option was the least amount of property. The other property would take a much larger piece of land. He noted that the drawback to option one is that it does not allow full access into the park and therefore the Board voted on option two. Mr. Swartz stated that Alternate two was reviewed and approved by the Board that night in March and it gives the full effect at a more reasonable cost. Alderman Curtsinger asked what was the original design? Mr. Swartz showed the original design that was accepted by the Town. Alderman Curstsinger stated that the Town is changing its minds after the fact. He asked if the Town was going to do this again after another mistake is made. Mr. Swartz noted that this design has had flaws since the beginning and we are all aware of that. He added that the Town has dealt with five other property owners in regards to this road. He stated that he was not trying to negotiate property and that is not my role as an engineer. Alderman Curtsinger said that he did not think it was right to not have the family here to provide there input. He added that the Town may condemn his property.
Mayor Lothers stated that staff has worked very hard on this project and to act like the Town just came in and did this is not accurate. She noted that the Town must look at the public and private good. She added that she did not have the authority to do this and this was a Board decision. Alderman Alexander stated that he recalled that night the Board made the decision. He stated that he recalled this was voted on unanimously and the Board felt comfortable with that decision. Alderman Alexander stated that no one ever thought Park access would be this imperative and it would get to this point. Alderman Curtsinger stated that the Board voted unanimously assuming the Town could purchase the right or way and there was never a word about condemnation. Alderman Dugger noted that currently the Board is at that point right now. He added that the asphalt plants will be closing soon. Alderman Dugger noted that he was not opposed to have the family here to be heard. He stated that this is a historic road and the Town has had a lot of bumps in the process. Alderman Alexander stated that he felt the family is aware that this is the next step. He added that if the family attended the meeting and are still reluctant, this Board would still have to make this decision. Alderman Curtsinger stated that this Board should have been allowed input. Alderman Dugger stated that not everyone can have input, that is the Mayor’s role.
Mayor Lothers noted that there was no motion on the floor. Alderman Thomas stated that he felt there was adequate staff at Town Hall that has performed due diligence. He stated that a more than fair offer had been made to the family and they have been heard. Alderman Thomas stated that after mediation they accepted that and he is not sure if they came before this Board how anything would change. Alderman Thomas then made a motion to approve this resolution, Alderman Alexander seconded. Alderman Curtsinger stated that staff did not vote for him. Alderman Dugger stated that he certainly thought it was a part of the process and thinks the Mayor, Don and Bob have done everything possible. He added that he felt the offer was very fair and if the family was here they would not change their mind. Alderman Dugger stated that he thought the eastern access to the ballpark was needed for safety reasons and they are getting land swap, in addition to financial compensation. Mayor Lothers called for the vote with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, Alderman Curtsinger against. Alderman Curtsinger stated that he thought it was a very dangerous thing that the Town starts condemnation. Mayor Lothers stated that the Town was trying to be faithful and be fair.
Reading of resolution #08-11, a resolution to authorize the Mayor to negotiate a land transfer with Williamson County. Mayor Lothers noted that this resolution gives her the authorization to exchange property. Alderman Curtsinger clarified the portion of land that was being swapped. Mayor Lothers added that the Town’s property is next to the County’s soccer fields in the flood plain. Mr. Swartz added that the county property being swapped is contiguous with the Jobe property. Mayor Lothers made a motion to approve this resolution, Alderman Dugger seconded and this passed unanimously.
Second reading of Ordinance 08-08, an ordinance to amend Zoning Ordinance 04-09 pertaining to buffering and tree planting in Appendix B. Mayor Lothers commended Planner Henry Laird on this ordinance. Alderman Dugger made a motion to approve this on second reading, Alderman Alexander seconded and this passed unanimously.
First reading of ordinance #08-09, an ordinance to amend Zoning Ordinance #04-09, pertaining to sign regulations in Appendix A. Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded. Mayor noted that this is first reading of this ordinance. She inquired that staff could notify business owners or the Chamber of Commerce prior to public hearing. Planner Henry Laird noted this ordinance was for signs in business windows. He stated that currently it can be quite confusing as to what can be allowed and what is prohibited and this ordinance is an attempt to simplify it. Mr. Laird stated that this will address special sales with no permit being required. He went over this extensively showing an example by a power point presentation. Alderman Dugger asked if an entire window could be covered with this ordinance. Mr. Laird stated that it could not. He added that currently Brentwood uses 10% and Franklin uses 20%. Alderman Dugger went over the dimensions of a window. Mr. Laird said this simplifies it and gives more flexibility. Mayor Lothers added that this is less bureaucracy and clarifies enforcement for staff. Mr. Laird noted that the Planning Commission and Design Review had looked at this ordinance and was in agreement with this amendment. The vote was taken and this passed unanimously.
First reading of Ordinance #08-10, an ordinance to amend Title 18, of the Municipal Code to add Chapter 3- Mayor Lothers noted that this was recommended by the Planning Commission and Consultant Mr. Tom Allen. It is creating a “stand-alone” ordinance. Planner Laird stated that it is making this a part of the Municipal Code, which allows appeals to go to the Appeals Board. He added that the other portion will go before the Planning Commission to delete this section within the Zoning Ordinance. Counsel Notestine noted that the driving force is the floodplain portion within the Zoning Ordinance. Currently any appeals must be heard by the Board of Zoning Appeals. Counsel Notestine stated that the town has a Storm Water Appeals Board that should hear these appeals. Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded and this was passed unanimously.
Other:
Chief Rigsby distributed a picture of a street sweeper that belonged to the Public Works Department. He ask that approval be given so that this can be declared surplus. Chief Rigsby said that the Town has had success on selling some of the items that were previously declared as surplus. The Board voted by acclamation to surplus this item and sell it to the highest bidder. Alderman Dugger reminded the audience that this Saturday the Chamber was having their annual Broken Wheel Festival. He noted that breakfast would be served from 8 – 10, with the festival being from 9 -2. The meeting adjourned at 9:34 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                       Beth Lothers
Town Recorder                        Mayor
2008-08 BOMA
Town of Nolensville Board of Mayor and Aldermen
Meeting Date: August 7, 2008, Time 7:00 p.m.
Nolensville Elementary School
Mayor Beth Lothers opened the meeting at 7:00 p.m. Members present were Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, and Recorder Cindy Lancaster. There were 44 citizens present.
Pastor Roland Scruggs, of Ebenezer United Methodist Church, led the Prayer and Pledge.
Citizens Input:
Mr. Jason Patrick, 1516 Pumpkin Ridge Court, noted that there has been discussion on the Town Center concept. He stated that he was in attendance tonight in support of this project. He further noted that he wanted to make six points for the Board.
1. Mr. Patrick noted that he was the Chairman of the Economic Development Committee which recently performed a survey that noted 86% of the respondents were if favor of the Town Center within 1/4 mile of the proposed location.
2. He is a property owner who wants to invest in this Town and sees only good in this location as long as Town Hall is an anchor.
3. This will only improve the aesthetic nature of this area.
4. The redevelopment of this area would attract new businesses.
5. This location would be strategically located near the Post Office and various civic properties.
6. This will give the Town an opportunity to invest into property versus leasing. Mr. Patrick added that on a personal note he would strongly encourage the Board to move forward on this project for the redevelopment of a Town Center.
Ms. Cindy Arnold, 878 Dortch Lane, noted that she was here for similar reasons as Mr. Patrick. She encouraged the Board to approve resolution #08-08. She added that she had several points that she would like to present to the Board.
1. The economic impact would add tax revenue as other businesses moved into this location.
2. This will provide property ownership for the Town with no more renting space.
3. This location is in the heart of Nolensville. The Town Center would anchor our Town.
4. This will allow adequate space for Town Hall staff. Current staff is cramped into a small space. With the explosive growth the Town needs an appropriate professional facility. Ms. Arnold thanked Mr. Tisano for providing this facility and encouraged the Board to vote in favor of this resolution.
Mr. Jay Nelson, 720 Stonecastle Place, stated that he was President of the Nolensville Historic Sewer Committee. He added that he was here to thank Mayor Beth Lothers, Alderman Jimmy Alexander, and Alderman Tommy Dugger for their support in this project. He then asked that the Historic Association members stand to show the support for this area. He added that this is a big deal to have sewer in this area and not have temporary bathroom facilities. He stated that one thing this committee is placing into the Boards hands is the option to have a Special Tax District.

Mr. Nelson emphasized that this Committee hopes this Board will implement a program that is fair and equitable for every property owner. He added to please put together something that is fair for the big guy, the little guy, and everyone. Mayor Lothers thanked everyone for their support in this project and additionally thanked the Ebenezer Church for allowing this group to meet in their facility.
Mr. Aubrey Short, 803 Rockwood Drive, stated that 12 years and 7 days ago there was a momentous occasion in Nolensville with 87.1% voting yes to the Incorporation of Nolensville. Mr. Short stated that the first Incorporation occurred in 1878. In April of 1998 he was asked to have a meeting to look at the original vision. Mr. Short stated that two years after the Incorporation the original Committee members did not feel that the vision had been met. He thanked the Mayor for involving more citizens in Committees and added that he wanted to take a moment and revisit the history. He added that he would like to see the “City Limits” signs be changed to reflect “Town Limits”.
Mr. David Vernor, 2303 Artesian Drive, stated that he was an Architect. He stated that he choose to live in Nolensville because he felt it is a great place. Mr. Vernor said that he served on the Economic Development Committee because he wanted to serve in a capacity for the Town. He added that the Piggly Wiggly Shopping Center is a great opportunity that is not seen very often. Mr. Vernor stated that he is in this type of business. He added that the location is in the most center of the Town that it could possibly be, noting it will have a mix of retail, dining facilities, service businesses and will create a real Town Center. Mr. Vernor stated that it is a way to connect and it is a great chance that you don’t see very often. He noted that construction cost is not going to stop rising and now is the time to move forward on this project. With this project the Town will own land and a building. He added that land has gone up substantially and will continue to rise and this is a chance to have a positive influence and build an asset.
Mr. Larry Felts, 999 Dortch Lane, stated that it is time for Nolensville to have a Town Hall. He added that he was glad that the Historic Village was in attendance. In 1797 this Town was started. He added that when Nolensville was Incorporated it was to help Nolensville growth. Mr. Felts stated that he thought there was 34 pieces of property that came to the Board and asked them to come across the creek. He added that six businesses are gone from downtown and homes cannot remodel because of sewer lines. He stated that the Town owes it to the downtown area. He stated that if it wasn’t for those businesses down there- there would not be a Town. He stated that he would make a suggestion tonight for the tax assessment. Mr. Felts ask the Board to not penalize them by taxing them twice. He told the Board to get it across the creek and to their homes and it will be a benefit to the Town to get the sewer to them. Mr. Felts stated that the old Town meant more to him than anything and the Town owes it to those people.
Alderman Thomas made a motion to approve the regular meeting minutes of August 7, 2008, Alderman Dugger seconded. There were no additions or corrections and the minutes were approved unanimously.
Mayor Lothers made a motion to approve the treasurer’s report for June, Alderman Dugger seconded the motion. Alderman Dugger stated that June is the last month of the fiscal year and it appears, although it is unaudited, that revenue is 1.6 million with expenditures being 1.1 million. Mayor Lothers clarified by stating 1.3 million. He added that the Town has a positive budget and has spent within its means. Alderman Dugger commended Mayor Lothers for her direction and overseeing of the budget. The vote was taken and this report was approved unanimously.
COMMITTEE REPORTS:
Chair Rick Owens reported for the Planning Commission.
• Zoning amendment for Brentwood East passed unanimously
• Two Subdivision Regulation amendments were approved with a Public Hearing
• Reserve at Bent Creek revision passed unanimously
• Monthly bond report was approved
Historic Commission Member Mr. Bob Crigger reported for the Historic Commission.
• Noted they did not meet
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
• First Responder Training has been conducted
• Extrication class is forthcoming
Planner Henry Laird reported for the Planning Department.
• Noted two new office buildings were proposed
• Various renovations have been proposed
• These projects will be before the Planning Commission at the next meeting
Engineer Don Swartz reported for the Engineering Department. He noted that it was hoped the Rocky Fork Road realignment project would be completed prior to the opening of school. This will not happen. He added that negotiations on this project are continuing to tie Rocky Fork Road into the park.
Mr. Swartz added that a meeting will be held next week with the Consultant and the Contractor. They will be reviewing a ditch at Nolensville Road. A “curb and gutter” will be reviewed to lessen the impact of properties to the north on Nolensville Road.
Mr. Swartz noted that a meeting with Williamson County will be forthcoming to discuss some striping of roads within Nolensville. Police Chief
Paul Rigsby reported for the Police Department.
• Written statistics were distributed to the Board
• Rifles have been ordered, although not arrived to date
• Digital cameras have been purchased for each officer. This purchase was reimbursed by a grant.
• Financing of a police car is on the agenda

Alderman Dugger inquired to how many videos were in police cars. Chief Rigsby stated that three cars had video systems. He added that he has purchased one system per year with the Highway Safety Grant money obtained by his Department. He added that he was in hopes of purchasing another one by the end of the year with more grant money.
Mr. Bob Hayes reported for the Public Works Department.
• Noted there was no report at this time
Chair Suzie Lindsey reported for the Events Committee by thanking the Board, businesses, Suzanne Honeycutt, Alderman Ken Thomas, Mr. Bob Crigger, in addition to over 100 volunteers. She noted there was a pie bake off with over 11 pies. Ms. Lindsey advised the Board that on November 8th, a Veterans Day Parade is being planned. Alderman Dugger commended Suzie and the Committee on the great job they did on this event.
Mayor’s Report:
a. Other
Mayor Lothers stated that she and Alderman Alexander had attended a MTAS Conference in Lawrenceburg. Alderman Alexander added that this conference was very informative. He noted that the instructors went over financing, in addition to economic development. Mayor Lothers added that they did not attend the second day due to attending County Mayor Andersons wife’s funeral.
Mayor Lothers noted that the Trees and Trails Committee did not have a report, but is working very hard. She noted that they had met with Mr. Bob Feinstein with Williamson County Parks and requested funding for the ball park to connect a walk way to the Recreation Center. She noted that the Chairman of this Committee recently attended a four hour grant seminar. Public hearing of ordinance #08-08, an ordinance to amend Zoning Ordinance #04-09 pertaining to buffering and tree planting in appendix B. Mayor Lothers opened the hearing up at 7:46. There was no public comment and the public hearing closed at 7:46.
Reading of resolution #08-06, a resolution to designate the bridge on Rocky Fork Road as the Sherwood Green Memorial Bridge. Mayor Lothers noted that Rocky Fork Road has been built through property owned by the Green family. Mayor Lothers read the resolution in addition to showing the audience through power point presentation the monument that would be placed by the bridge in this family’s honor. Alderman Dugger asked for clarification in regards to what property was donated. Mayor Lothers noted this resolution was reviewed and approved by Mrs. Green. Mayor Lothers made a motion to approve this resolution, Alderman Alexander seconded, and this was approved unanimously.
Reading of resolution #08-07, a resolution to authorize the issuance of interest bearing general obligation capital outlay notes for financing a police car. Alderman Dugger asked if this funding was for a police car. Mayor Lothers stated yes. Alderman Dugger noted that within the Budget Sub-Committee it was approved to lease a vehicle for three years and then purchase for one dollar at the end of the lease. Chief Rigsby stated that it was discussed to lease to own, but decided this would be cheaper. Alderman Dugger asked for clarification to the interest rate within the document. It was noted that it was a fixed rate that would not exceed 5.00%.
Alderman Curtsinger asked if the $8,000 that was budgeted was for a replacement vehicle or a new vehicle. Chief Rigsby stated that it was a new vehicle purchase. He noted that in the past used vehicles had been purchased.
Alderman Dugger stated that he would like to know more about the funding and this resolution in addition to the purchasing of a Dodge Charger versus a Crown Vic. He stated that within the Budget Sub-Committee meetings a Crown Vic was discussed in addition to a lease purchase. Chief Rigsby stated that after review this vehicle would save the Town $4,000. Alderman Dugger asked if a Dodge would last as long as a Crown Vic. Chief Rigsby stated that he felt it would. He added that he and Ms. Ediger believed this would be the cheaper route to take. Mrs. Ediger, from the audience, stated that she could not make the determination of the benefits of a Dodge over a Crown Vic. Although what she was looking at was the funding. She stated that TML’s financing was more cost efficient than a lease purchase.
Alderman Dugger stated that he would like to know the interest rate. He added that it was his opinion that a Dodge Charger was not as durable as a Crown Vic. Alderman Alexander asked if there was any form of warranty. Chief Rigsby stated that there was a three year warranty on the Dodge Charger.
Mayor Lothers asked the Chief if he could get Alderman Dugger information on the Dodge Charger so that he could have his questions answered. Chief Rigsby stated that he could obtain that information for him. Alderman Thomas made a motion to approve this resolution, Mayor Lothers seconded, and this resolution passed unanimously.
Reading of resolution #08-08, a resolution to authorize funding to initiate the process for a Town Hall. Mayor Lothers noted that this is a resolution that sets the price of the property. She noted that she did not feel it was appropriate that the Board vote until an engineering rendering be performed to arrive at a final amount. Mayor Lothers made a motion to approve this resolution, Alderman Thomas seconded.
Alderman Dugger asked how much land $500,000 would buy. Mr. Bill Tisano, owner of the property, stated it was 2.5 acres. Alderman Alexander asked if that included frontage of Nolensville Road. Mr. Tisano stated that it goes all the way out to Nolensville Road. Mr. Matt Happel showed the Board the property line on a drawing. He noted that it was a concept drawing only. An engineering rendering has not been performed at this point. Alderman Dugger asked what was going to be done with the drainage ditch. Mr. Happel stated that he had spoken to Mr. Tom Allen and the power lines will be buried and a culvert will have to be installed. He noted that the parking area will be permeable. Alderman Dugger asked if Mr. Tisano had purchased the Dollar General property. Mr. Tisano stated that he was in the process of this transaction. He added that he was beginning preliminary work with the adjoining neighbors so that it could be a two or three lane in front of the structure, but he will need to go before the Planning Commission for approval. He added that he would like to connect to Stonebrook Boulevard with this project. Mr. Tisano stated that after the purchase of Dollar General this would be an easier process.

Alderman Alexander asked if there were provisions within the Subdivision Regulations that would allow this parcel to be developed. Planner Henry Laird stated that it would have to be a subdivision process. Alderman Alexander stated that he did not see where this could be done, although the Subdivision Regulations could be revised. Mr. Tisano stated that it could be a driveway until the Town deemed it a street.
Alderman Thomas asked if the purchase of the building itself would total approximately 17,000 square feet. Mr. Tisano stated that the proposed building would be approximately 15,228 square feet. Alderman Thomas clarified that roughly $500,000 would be for the land and then the Town would pay for the build out. Mr. Tisano stated that was correct. Alderman Thomas asked for clarification in regards to the development plan and the Town’s cost for the roads and guttering. Mr. Tisano stated that the $500,000 would not get any of the work completed that he had planned to perform in regards to lighting, conforming the parcel to make it look uniform and comply with design requirements.
Alderman Dugger asked Mr. Tisano if the Town decides not to do this project would he still redevelop the building. Mr. Tisano stated that he would remodel, but it would depend on the market condition as to the extent of the remodeling.
Mr. Tisano stated that one of the reasons I initially came to the conclusion that this was the correct place to site Town Hall was.. My garbage pick up is Saturdays, and when baseball starts I have to change my garbage pick up because there’s 200 cars that park in the back of the building. It certainly is the perfect place for parking and the use of all the fields. So that, even on weekends, once the town hall is in, you have all the parking for the fields. If it would stay that way, I think it might even be better for the town. If it just stayed fields, as opposed to a Williamson County Rec center, but I’d love to have a rec center there, too. As for the, as for the old Nolensville Rec Center, that’s up to the county and to you. All we’ve done is provided for the required connectivity and tried to make it so that we would have a straight shot all the way through from this property, all the way through to Oldham. I’m not sure it was pointed out but, I have an entrance right next to the Daily’s right now on Oldham. That entrance will be moved back approximately 75 feet to get that straight line. It also allows for the redevelopment of the Daily’s footprint. We’ve been in discussions with Daily’s where they are looking at doing an entire site redevelopment. Where they have two pumps now, it would become eight. It would become a new convenience store. It would become a new car wash. And their talking about a Dunkin Donuts.
Mayor Lothers stated that if this moves forward she would want to have dialog with Mr. Doug Hood at Williamson County Parks to discuss this project. Alderman Alexander asked if there would be a joint maintenance agreement. Mr. Tisano stated that currently there is a joint maintenance and this would continue. Alderman Alexander clarified that joint parking would be allowed also. Mr. Tisano said that was absolutely correct.
Alderman Alexander asked about the square footage. Mr. Tisano stated that if sometime in the future the Town required more space, this lay out would allow for building on to the facility. Alderman Dugger asked if the green space had been researched. Mr. Happel said that it had and was addressed on the last page of the hand out that was distributed to the Board. Alderman Alexander asked if the parking had been evaluated. Mr. Happel explained the formula used for the number of parking spaces noting that there would be four extra spaces than required. Mr. Tisano added that on Sundays the Dollar General and Fred’s do not use their parking allotment.
Alderman Dugger asked if there was an estimated cost for the relocation of the utilities. Mr. Tisano stated that this has been investigated and initially he thought if would be extravagant, although has discovered that it will be between $20,000 to $30,000. Alderman Dugger stated that number seemed very low. Mr. Happel stated that Middle Tennessee Electric gives some breaks when adding more electricity. Alderman Curtsinger said that Mr. Tisano had stated that if the Town did not purchase this he would not redesign. Mr. Tisano said it would not be redesigned the way it is being shown to the Board.
Alderman Curtsinger asked what guarantee is the Town going to have that Mr. Tisano is going to build this as shown. Mr. Tisano stated that he would put it in writing. Mayor Lothers said that within the contract the agreement has to be for the Town Hall portion in order to commit to this location. She stated that the contract must further state that the whole section has to be built at once as this is shown. She stated that the Town cannot be put into a position of purchasing property and something unforeseen happen. The Town cannot be bound to this concept plan unless it will happen as stated and payment will reflect that commitment. Mr. Tisano agreed with Mayor Lothers. Alderman Dugger asked if Mr. Tisano was going to perform the construction of this building or will the Town have to build this out. Mr. Tisano stated that he would do it any way the Town wished. Alderman Dugger asked what the letter of intent was. Mr. Tisano said that it was a security for him. He noted that he has been performing work and spending money for the past six months to get to this point and he was in need of some commitment to proceed investing any more funding.
Counsel Notestine stated that based on this information it is letting Mr. Tisano know the Town intends to move forward. He stated that a letter of intent is not going to bind the Town. Counsel Notestine stated that if the Town performs this work it must go through the required bid process although, the Town could purchase at the end of the project.
Mayor Lothers stated that this is a commitment to have the hard numbers in order to make comparisons. She stated that in her mind the Town is getting a deal with the land portion. The Town is creating two facades. She added that when the engineering data comes back, the Town will be able to make educated decisions.
Mr. Tisano stated that the drawings and engineering information will allow us to get an accurate price.
Alderman Dugger stated that at the end of the day Town Hall will be at the back side of the Shopping Center. Alderman Curtsinger stated that he agreed with Alderman Dugger. He stated that there was no place to put Public Works vehicles and equipment. Mayor Lothers stated that the Public Works vehicles would not be housed at that location. Alderman Curtsinger asked if it would be a conflict to have Mr. Tisano perform the engineering work. Counsel Notestine said that the Town could use any firm to compile this information.
Alderman Dugger asked Mr. Tisano if he could move Town Hall to the front side of the building. Mr. Tisano stated that the vision is to create a new front and he did not understand why it was looked as being the back of the building.
Alderman Curtsinger asked Mr. Tisano why won’t you put Town Hall at the front of the building. Mr. Tisano stated that he has turned down 20 tenants for this proposed portion of the property. Mayor Lothers noted that the Town would benefit from the commercial revenue that could be produced at the location fronting Nolensville Road. She added that she felt that one of the reasons for the land price is the location.
Mayor Lothers stated that for her personally it is not an issue. Mr. Tisano stated that it also gives the Town the ability to build on if necessary. Alderman Dugger stated that the Town does not have control over the park and if there was an amphitheater it would not look to bad being in the back, although the Town doesn’t have the control of that. Mayor Lothers stated that the County Park and the Town will interface when moving forward on this project. One of Mr. Doug Hood’s biggest concerns of that area for the ball field and Recreation Center is parking. She said he is in favor of working with the Town in that area.
Alderman Dugger noted that surely Williamson County Parks has a concept plan for the recreation area at that location. Mayor Lothers stated that it was her recollection that there was green space in that area and she would talk to Doug Hood about discussing this with the Board. Alderman Dugger stated that cooperation with the county has not gotten the Town anywhere in the past two years. He stated that he wanted to make sure the Town has looked at every option. Mayor Lothers stated that this Town has existed for 12 years and no one has brought significant options to the table. She stated that as Mayor if someone gives her an idea then they should bring it forward. She added that with the Land Use Plan and the connectivity this all lines up with this location, in addition to the Town creating assets. Mayor Lothers stated that you have to look at the merit of the entire area and she could understand Mr. Tisano wanting the Town Hall as an anchor. Alderman Dugger asked if the Town will have assets to sell. He stated that the Town will have the back side of a building. Will we get the appreciation out of a better location? Alderman Dugger stated that currently there is empty land by the post office.
Alderman Curtsinger stated that it was said there have been no other options brought to the table. He said that Mayor Lothers was a member of a Committee that brought an option to the table. Alderman Curtsinger stated that at that time the center of Town was the Historic District. Mayor Lothers said there can always be speculation, but she brought an option to the table. Alderman Dugger noted that there was commercial property in Bent Creek. Mayor Lothers stated that when you look at the Land Use Policy it talks about incorporating civic institutional, commercial in a central area of Town. She noted that she was on a Committee that recommended a home as Town Hall. There was not a Land Use Policy Plan and that was turned down. She noted that she did not think you could look at a more viable Town Hall location. She added that this is in line with her vision of a Town Hall. She further noted that nothing else has been brought forward. Alderman Dugger asked the Mayor if she would consider the property beside the Post Office. Mayor Lothers stated that currently this is the item on the table and nothing else has been brought before the Board. She stated that she believes this concept would support the historic area and a lot of the needs are being met. Alderman Curtsinger stated that he did not think it would support the historic area and when a traffic signal is installed at Rocky Fork Road this is going to change.

Alderman Thomas stated that like everyone else, as soon as this was printed in the Dispatch, there was a lot of excitement and people talking about the possibilities. He stated that the hardest thing was for him to look at something and see what it could become. He added that he sees potential. Alderman Thomas stated that the Board doesn’t have all the answers tonight, but what is on the table will allow the Board to look into it further. He stated that he understood how this is affecting morale and space is important. Alderman Thomas noted that when staff doesn’t feel they have enough space, productivity goes down. He added that this resolution is what is on the table before the Board and he has to look at what before him.
Alderman Alexander stated that this is not what he had envisioned for a Town Hall. He stated that he had envisioned property on its own. He noted that he has heard the statement that this is the rear of the Shopping Center. Our staff is in desperate need of more space. He stated that it is not the plan he envisioned, but $500,000 for 2 acres in the center of Town is very reasonable. Alderman Alexander stated that this is the best that he has seen.
Alderman Curtsinger stated that there has not been any initiative. He noted that it is being said that the Town is building equity, but who would buy this. Mayor Lothers stated that she would say that the property is going to increase in value.
Alderman Dugger stated that he certainly understands that staff needs more space, and the morale may be low for a number of reasons, but he could not support this tonight because he cannot understand being on the back side of a building. He added that he felt there may be other options.
Alderman Dugger asked are we in that big of a hurry to not defer this for one more meeting? Mayor Lothers stated that she did not see a purpose in deferring this resolution. She asked Alderman Dugger if he had a concern with the sell of the Dollar General property.
Mayor Lothers made a motion to amend the resolution to state that the payment of the engineering cost is contingent of the sell and closing of the Dollar General property, Alderman Alexander seconded.
Mayor Lothers noted that there hasn’t been anything done in the past 12 years. Alderman Alexander asked if it would hurt to wait a month. Mr. Tisano stated that he has waited for two years. Mayor Lothers noted that with the survey that was performed residents would like walking from the recreation to retail. She added that it is the catalyst of the entire area.
The vote was taken on the amendment with Mayor Lothers, Aldermen Alexander and Thomas for and Aldermen Curtsinger and Dugger against. The vote was taken on the resolution as amended with Mayor Lothers, Aldermen Alexander and Thomas for and Aldermen Curtsinger and Dugger against. Alderman Curtsinger said that Alderman Thomas had spoke of all the excited people. He asked how the Town was going to pay for a building if it cannot pay for a police car. Mayor Lothers stated that if Alderman Curtsinger had attended the TML bonding workshop prior to the meeting and the other members had, he would understand how the funding works. Mayor Lothers stated that she was going to stay on the agenda and that Alderman Curtsinger was out of order.

Other:
Tax Assessment District for sewer to the Historic Village – Alderman Alexander and Vice-Mayor Dugger.
Mayor Lothers stated that the Town Attorney composed a resolution and submitted it today. She stated that she gave a copy of this resolution to Chairman Jay Nelson and noted that this would not be voted on tonight. Mayor Lothers then turned the discussion over to Aldermen Alexander and Dugger.
Alderman Alexander asked that Mr. Nelson bring the Board up to date on this project. He further noted that he and Alderman Dugger had recently begun attending the meetings and getting involved in this endeavor.
Mr. Nelson addressed the Board telling them this group appreciated them being so supportive. He stated that his Committee is on a time line. Mr. Nelson stated that the downtown area is dying and with the lack of sewer it is continuing to die. He stated that they wanted to come up with something fair and equitable without leaving anyone out. A Special Tax District has been discussed. He stated that this would assist in uniting and accomplishing this project.
Alderman Alexander interjected noting that in the discussions the Town would front the money and then there would be repayment. Mr. Nelson stated that the Town has initiated this project by providing a survey by Mr. Kirk Duclos. He stated that the creek must be crossed before the end of September. Mr. Nelson stated that Mr. Jim McCanless has signed the permit with TDEC to cross the creek. Mr. Nelson asked for property owners who have agreed to contribute to raise their hands.
Alderman Alexander asked Mr. Nelson for his opinion of the 41 property owners how many would participate. Mr. Nelson stated he felt 98% were in agreement. He stated that Mayor Lothers had met with Mr. Mike Morris of Metro Water and Sewer. Mr. Morris said that a pump and grind system could be used, but there are limitations as to what can be done with the property.
Alderman Alexander stated that when Mr. Nelson speaks of fair, that challenges the Town to come up with a formula that is fair for everyone. Mr. Nelson stated that is why it is critical that this plan gets approved.
Mr. Jim McCanless stated that he had met with the Corps of Engineers in regards to the permit yesterday. He stated that it will go to the State, then the Core of Engineers and on to the Fish and Wild Life Department. He noted that the State told him it normally takes about 20 days, although it could take up to 90 days, but that is unlikely. Mr. McCanless stated that he has spoken to a contractor that can complete the work in two weeks.
Alderman Curtsinger asked if was done by the end of September who would fund this project. Mr. McCanless stated that three people have agreed to put up $5,000, although they would like to be reimbursed.

Mayor Lothers said that for clarification there was a joint meeting with TDEC, Fish and Wild Life and the Corps of Engineers. Each organization realizes the importance of this project. Mr. Tom Moon has agreed to participate as long as sewer is provided to Mr. Shuff.
Alderman Dugger noted that this is a project where the Town funds this project and the people who benefit from the project pay the Town back. Alderman Alexander stated that Alderman Dugger has come up with a formula for the people to reimburse the Town. Alderman Dugger stated that he would like to call a special workshop. He noted that in order to meet all the state statutes the Town could not get it on the agenda tonight. He asked Counsel if the Town can reimburse these people. Counsel Notestine stated that one way would be through the bond fund. He stated that the statute is very complex. The Town must have a public hearing with seven days notice. Counsel stated that initially 51% of the property value owners must petition the Town and initiate this process for this to occur. Counsel Notestine noted that one problem is the latest assessed value. There is a green belt property and other properties have not been assessed recently. He added that the other thing is if the Town does the assessment it can only assess 75% and reimbursing people is still up in the air. The Town may not be able to reimburse. He stated that there could be a possible tax credit.
Mayor Lothers stated that her concern is the Town’s role in choosing the Engineer and contractor. She noted that the Engineering may not have to go through the bid process, although the actual construction must be bid, which this could be the second part of the process.
Mr. Jay Nelson stated that he has had some resident’s contact him and they would like to try and have the assessment before they put the money up.
Mr. Notestine stated that it appears in the statute it is the assessed value. He added that it seems like an unfair system, but it is in the statute. Counsel stated that it is based on the most recent assessment.
Mr. Nelson noted that some parcels are assessed so low, it is going to be unfair. He stated that he would support what the Board decides because this area needs the Town. He added that if the Town uses data that is inaccurate it is not being fair.
Alderman Thomas stated that he felt it was fair to say that everyone is excited that there is something on the table, but the Town must abide by the State statute. Counsel Notestine added that the law is very specific.
Mr. Darin Scheff spoke by thanking the Board for their work on this project. He stated that when the Committee talks about the tax assessment it is like the discussion tonight, some people like it and some people do not. Mr. Scheff stated that you can slice and dice this different ways. He noted that the tax numbers are a good example. One parcel may be ½ acre lot with $6,500 assessed value and then another lot same acreage for $1,100. Mr. Scheff stated that the Town needs this sewer and it will be absolutely amazing. Mr. Nelson stated that he just wants to make sure it is fair and everyone is protected. He added that if you have bad data going in you’ll have bad data going out. He noted that raw land is assessed very low.

Alderman Alexander noted that within the 41 parcels there are a couple of churches. He noted that these properties are generally exempt from property taxes. Counsel Notestine stated that the statute states if the owners of 51% petition the Board and the Board approves it, it will be assessed. Alderman Alexander stated that fair is what this Board will attempt to do, although it may be limited due to State law. Counsel Notestine stated that this has not been done in a Town where a city extended the sewer and does not own the sewer system. He stated that it can be done, but to his knowledge it has not. Mr. Keith McCord stated that he lived in Grassland and the sewer is not owned by the county. Mayor Lothers stated that hopefully the statute will be allow us to be creative.
Mr. Darin Scheff asked what it would take to get a current assessment. Counsel Notestine stated that he was not sure. Mayor Lothers noted that the Town is in a very unique position due to the Town not owning the sewer. She asked Counsel how long it would take to get the attachments for the resolution. Counsel Notestine read what attachments would be needed.
Mr. Nelson again went over the various tracks of land and the difference in the assessments. He reiterated the “fairness” in the cost. Alderman Thomas stated that his concern is being fair, but what if the Boards hands are tied. Mr. Nelson stated that Counsel would have to make that determination.
Alderman Thomas stated that the Board needs to hear from the property owners if it cannot do it any other way. The Board needs to know what they want this Board to do if that is all we the Town do.
Counsel Notestine stated that it was his opinion that it must be the latest assessments. Mayor Lothers stated that the first step is to have a petition with 51% of the property value owners.
Alderman Curtsinger asked if the Town can assess tax on a piece of property that cannot be used for anything. Counsel Notestine stated that it is not based on use. There was discussion of a date for a meeting. It was agreed that on Monday, August 11th, at 7:00 p.m. at the school and a possible August 25th , special meeting. Alderman Dugger stated for clarification there must be a petition that these following property owners are requesting a special tax to be imposed for sewer improvements. Once this is done the Town can move forward.
Mayor Lothers noted that staff may need more to time to compile the attachments. She stated that she had a concern of the allotted time to complete this data. After discussion it was noted that the Special Meeting date may change.
The meeting adjourned at 10:09 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                           Beth Lothers
Town Recorder                             Mayor
2008-07 BOMA
Town of Nolensville Board of Mayor and Aldermen Meeting
Date: July 3, 2008, Time 7:00 p.m.
Nolensville Elementary School
Mayor Beth Lothers opened the meeting at 7:00 p.m. Members present were Aldermen Jimmy Alexander, Tommy Dugger, and Ken Thomas. Alderman Joe Curtsinger was absent. Staff present: Counsel Rob Hill, Town Planner Henry Laird, Town Engineer Don Swartz, and Recorder Cindy Lancaster. There were 15 citizens present.
Alderman Ken Thomas led the Prayer and Pledge.
Citizens Input:
Mr. Aubrey Short, 803 Rockwood Drive, said that he mentioned last month that the budget had not been published properly. He noted that he was incorrect and apologized to Town Recorder Cindy Lancaster. He did ask that the Board publish it during the last month prior to the final reading versus the first reading.
Mayor Lothers noted that the MTAS publication states to publish the budget prior to the public hearing. She explained that municipalities have different number of readings and when public hearing occurs. In Nolensville, one month is First reading, the next month is Public Hearing, and the third month is Second reading. As recommended by MTAS, we do the required publishing after First Reading and before Public Hearing so that citizens have an opportunity to give input. Vice- Mayor Dugger thanked Mr. Short for the apology.
Ms. Lynda Moses, 2230 Rocky Springs Road, just came from the 4th of July Volunteer meeting with 100 volunteers participating. She commended this group for their hard work. Ms. Moses advised the Board that the Historic Society would be holding their quarterly meeting at the Ebenezer United Methodist Church. She noted that several projects are under way.
Alderman Dugger made a motion to approval the regular meeting minutes of June 5, 2008, Alderman Thomas seconded. There were no additions or corrections and the minutes were approved unanimously.
Mayor Lothers made a motion to approve the special meeting minutes of June 17, 2008, Alderman Alexander seconded. There were no additions or corrections and the minutes were approved unanimously Mayor Lothers made a motion to approve the treasurer’s report for May with an amendment. She noted that the Board had an amended report before them. She noted that with the year end changes in the line item of Revenues “Refunds and Rebates” and a double posting correction in Police Expenditures of “Capital Outlay” were made. Alderman Dugger seconded, and the report was approved unanimously as amended.
COMMITTEE REPORTS:
Planning Commission member Mr. Willis Wells reported for the Planning Commission.
• Site plan for Advanced Auto was approved with four conditions
• A proposed Zoning Ordinance amendment in regards to landscaping passed unanimously
• A proposed Zoning Ordinance amendment in regards to buffering passed unanimously
• Staff is working with Planning Commission member Matt Happel on sign regulations
• Monthly bond report was approved
Historic Commission Member Mr. Bob Crigger reported for the Historic Commission.
• Due to no meeting, there was no report
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
• A written report was submitted to the Board
• Alarm calls had increased 15% due to the number of new installation of alarm systems
Planner Henry Laird reported for the Planning Department.
• Noted there was no report
Engineer Don Swartz reported for the Engineering Department
• Work has resumed on Rocky Fork Road with an estimate of six to eight weeks for work completion
• A resolution was reached with TDEC
• An appraisal has been obtained and the property owners have been met with in regards to the second access into the park
• Design for Rocky Fork, Nolensville and New Clovercroft Road signalization is moving forward
• Contract for the Safe Route to School Grant has been signed
Mayor Lothers thanked the Board members that attended the Special Meeting held to move forward on the Rocky Fork Road Realignment project.
Police Chief Paul Rigsby reported for the Police Department.
• Written statistics were distributed to Board
• All officers will be on duty during the Fourth Celebration
Mr. Bob Hayes stated that there was no report for the Public Works Department.
Alderman Thomas reported for the Events Committee. He encouraged those that were able to walk, to please do so, in order to save the closer parking for the impaired or those that may need assistance for the 4th Celebration. Alderman Thomas noted that festivities will begin at 5:00 with food, inflatables for children and music. He noted that Chair Suzie Lindsey, in addition to the members of the Committee, have worked hard on this event.
Mayor Lothers added that the volunteers are at the park meeting on this event at this moment. She stated that the town’s budget was reduced for this event due to budget cuts and the committee has raised enough money to fund the fireworks display. Mayor Lothers thanked the community and businesses that have supported this event.

There was not a report for the Economic Development Committee. There was not a report for the Trails and Trees Committee. Mayor’s Report:
a. Other
Mayor Lothers stated that she recently attended a TML Conference that was very informative. She noted that there were very interesting topics that included changes in the open records laws and has given that information to the Town Recorder, Court Clerk and Police Chief. Mayor Lothers noted that MTAS will be holding a Level One class on July 25th and 26th in Lawrenceburg. She noted that she will forward this information to the Board members.
Mayor Lothers thanked the BOMA members and other leaders who attended the Town Center Redevelopment Workshop and stated that a TML Bond Workshop would be scheduled.
Second reading of ordinance 08-07, an ordinance to amend Chapter 18, of the Municipal Code, Chapter 1, pertaining to the Storm Water Appeals Board, Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded and this passed unanimously.
First reading of ordinance 08-08 an ordinance to amend Zoning Ordinance 04-09 pertaining to buffering and tree planting in Appendix B. Mayor Lothers stated that Mr. Skip Heibert, a Landscape Architect, made the recommendations that are reflected in this ordinance. Planner Laird noted that it creates a buffer adjacent to the “CR” Zone and eliminates the Mobile Home district. He added that an update of the tree list is included.
Mayor Lothers asked if there was any concern for the 50’ buffer. Planner Laird said there was no concern shown, although they felt that 30’ would not be enough. He added that the Planning Commission has discretion to require more buffering, but it does not mention “CR” Zoning, therefore this ordinance would protect buffering.
Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded, and this passed unanimously. Reading of Resolution #08-05, a resolution to allocate funding for future signalization. Mayor Lothers introduced Mr. Dennis Glass who is working with Regency Centers, on The Shoppes at Burkitt Place Development. She noted that the Board has a letter from Regency and a chart indicating sales and tax benefit projections that were distributed to their boxes. She noted that Regency was reviewing the different costs with this development. She added that the Property Tax is very low, although the impact fee and adequate facilities tax are substantial. Mayor Lothers stated that the Town looked at different ways it could support this project. She added that the impact fee study did not include the Burkitt Place signalization. Mayor Lothers stated that by putting adequate facilities tax fees collected back into this location that the commercial and residential development benefits as well as any future southern commercial development. She stated that resolution is written as to guarantee that a commercial entity generate a minimum of $200,000 a year for the town. Mayor Lothers made a motion to approve this resolution, Alderman Alexander seconded.
Mr. Glass stated that he felt that there will be a strong appeal with this development. He added that Home Depot is not asking for a lot of concessions. He noted that currently they are quite a bit over budget and with the infrastructure that is being put into place, every little bit of savings helps. He added that the infrastructure that is planned will be turned over to the Town.
Alderman Alexander stated that the resolution states “when it is warranted”. He asked who will inform the Town when this light is warranted. Mr. Glass stated that they would work with the Town on this project. He added that a study will be performed and the developer will pay for the study.
Mayor Lothers stated that the money the Town collects from the developer will be taken and a portion will be spent on the signalization. She went over the hand out that was distributed to the Board noting that the anticipated total revenue generated over twenty years is six million dollars.
Alderman Thomas noted that for a point of clarification, the estimates provided by Regency are strictly estimates. Mayor Lothers agreed and stated that initially an estimate of 30 million was given in annual sales was given for Home Depot and they reduced the numbers due to the economy. Alderman Thomas added that this is a tremendous amount of revenue for the Town. He asked how they came up with these numbers. Mr. Glass stated that Home Depot comes up with these projections and they are not privy to their process. Alderman Thomas asked if there were any more concessions that the Town is going to be asked to make. Mr. Glass stated that at this point this is the only thing on the table.
Alderman Dugger noted that on Section 2 it says that the signal will not be constructed until the conditions are met. He said that if the Town waits until everything is going, will it be a little behind. Mayor Lothers stated that will be a TDOT decision. Mr. Glass added that they will monitor this and if they can move forward sooner, they would definitely come back to the Town and make the signalization request.
Alderman Alexander noted that he understood that an additional parcel had been added. He asked if that revenue was included in these numbers. Planner Laird said that the initial traffic study did not include this parcel, although it is being redone to include that parcel. Alderman Alexander stated that it would be an impact if it was not included within these numbers.
Mr. Glass said that if the paperwork they have states four and not three, it was included. It was noted that it stated four and was included. Counsel Hill noted that the second “Whereas” in the Resolution notes $200,000 minimum revenue. He added that in order to make the $200,000 a condition, it must state that it is a condition, although it maybe difficult to monitor. Counsel Hill stated that if it is the Board’s wishes to make this a condition it must be changed to make it contingent on this figure.
Mr. Glass stated that when he spoke to Mr. Jeff Pape, Vice President of Regency Centers, this afternoon and he felt the intent was that this is a reasonable estimate. He added that if a standard is imposed it may hurt both entities. Counsel Hill noted that as it is written, it does not require sales tax proof. Mayor added that the Town would like a safeguard if something changed that would not allow this projected revenue. Mr. Glass stated that what we may need to focus on is the standard will be based on the improvement. He said that it is easy to find ourselves focusing on the dollars. Mr. Glass stated that if there is $200,000 produced in revenue that would mean the traffic would probably warrant a light.
Alderman Dugger noted for clarification in regards to the amount of tax, this number cannot be divulged to the Town from the State due to confidentiality. Mayor Lothers stated that due to the agreement with Brentwood her understanding was that the State is working on a way to determine how to reveal that number. Alderman Alexander stated that the Town is leaving that up to the developer to determine when they are going to perform the study. Alderman Thomas asked what the general timeframe was of approval from TDOT. Engineer Swartz stated that he did not recall how long it took to obtain the signalization permit for Rocky Fork Road. He added that his experience has been with Metro where there was a “home rule”, although he felt it would be about a month or two process. Mayor Lothers said that with Rocky Fork she had several meetings with TDOT, provided them aerials with numbers at build out and a copy of the Infrastructure Study. TDOT agreed to count two road that would be the equivalent of the new Rocky Fork and provided the warrant before the road’s construction. Mr. Swartz noted that the Town would want to be involved in that process. There was extensive discussion on the TDOT permit process. Mr. Laird said that part of the approval from the Planning Commission is stating that signalization would be required. Alderman Dugger noted that Home Depot will want a traffic signal so that their customers can get in and out easily.
Alderman Alexander stated that he wanted to make sure it was understood that the developer would be performing and paying for the study. He added that he was still not sure when they were going to do it.
Mayor Lothers referred to the letter that was in each Board members box, noting that she is not opposed to this resolution. Alderman Alexander stated that he was o.k. with it. Counsel Hill stated that it was the Board’s wishes on how to proceed.
Alderman Thomas stated that he had one question. He said if the study is performed and TDOT says the signal is not warranted by TDOT. He asked if the Town has to go back again, will the developer pay for that again. Mr. Glass said that we all are privileged to be in a great county that growth is taking place. He added that the Town of Nolensville is going to be growing and it is committing to install the light when it is warranted.
Mayor Lothers made a motion to add that all traffic studies would be performed “by Regency”, this was seconded by Alderman Dugger, and this amendment passed unanimously. The vote was taken to pass this resolution as amended and passed unanimously.
Other: There was no “Other” business.
The meeting adjourned at 8:07 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                      Beth Lothers
Town Recorder                        Mayor
2008-06 Special BOMA
Town of Nolensville
Board of Mayor and Aldermen Special Meeting
Date: June 17, 2008, Time 1:00 p.m.
Nolensville Town Hall
 
Mayor Lothers opened the meeting at 1:04 p.m. Members present were Aldermen Jimmy Alexander, Tommy Dugger and Ken Thomas. Alderman Joe Curtsinger was absent. Staff present: Town Planner Henry Laird, Town Engineer Don Swartz, and Recorder Cindy Lancaster. Consultant present was Bobby Garland and John Farmer with Florence and Hutcheson. Mountain States was present with representatives Keith Swafford and Kevin Hinson. There were 6 citizens present. Alderman Ken Thomas led the Prayer and Pledge.
 
Mayor Lothers introduced Bobby Garland with Florence and Hutcheson in addition to Mountain States Contractors. She noted that at the last meeting the Town did not have the final cost estimates to assist in making a decision in regards to the Rocky Fork Road realignment. She asked Town Engineer Don Swartz to bring the Board up to date. He noted that TDEC stated that a design pipe system must be installed. He stated that the Town agreed to design this due to the overflow. Mr. Swartz noted that the cost would be just below $100,000 to construct this.
 
Mayor Lothers gave the Board a timeline describing the chain of events that have occurred with TDEC. She noted that following the receipt of the Notice of Violation on March 25, 2008, a meeting was scheduled with TDEC at their headquarters on April 2, 2008. Currently the attorneys are reviewing the Consent Order. Mayor Lothers stated that the Town presented the Consent Order to Florence and Hutcheson for their comment and currently the TDEC attorney is reviewing the consent order with the requested changes. Mayor Lothers stated that the town had presented the consent order to Florence and Hutcheson for their comments as well as our town attorney for review. Mayor Lothers asked that Florence and Hutcheson clarify the process whether the correction is done under enforcement or permitting requirements. Mr. Garland stated that normally you go under a permit situation. He stated that TDEC has General Permits for roads, and anything-over 200’ can take 90 days to get permitted. Mr. Garland stated that currently you are looking at 90- to 120 days. He added that you must have a 30-day notice with the other issue being the consent order. He added that currently we are going into an agreed order, which will not delay this project an extended period of time. Mayor Lothers stated that the Town met all of the deadlines. This incident was a curve ball. She added that obviously we couldn’t pull a permit for something that wasn’t determined to exist beforehand.
 
Alderman Alexander stated that the Town’s back is against the wall and it appears that we must do it. Alderman Thomas agreed. Mayor Lothers noted that the Town must keep a working relationship with TDEC. Alderman Dugger stated that he thinks it is an unfortunate circumstance that we have gotten stuck with. He stated that we should deal with it and move on.
Mountain States noted that the road costs are increasing. He stated that it is understood that TDEC has changed their mind in other situations and he has seen this before.
 
Mayor Lothers addressed the funding of Rocky Fork Road realignment modifications due to the new interpretation by TDEC. The cost provided by Mountain States is $99,869. Mayor Lothers stated that the board voted to move forward with the design to maintain ball field access to the east. Mountain States has provided a cost estimate of approximately $81,000. Mr. Swartz clarified that the right of way purchase is not in the $81,000, but less than $10,000. Mayor Lothers noted the design diagram was in the Nolensville Dispatch and she has received positive feedback about this access.
 
Alderman Alexander stated that he felt this is a project the Town needs to do. Alderman Thomas stated that this option is far more economical than the initial access option he was working on with the Mayor and Williamson County. Mayor Lothers noted that the only down side is that we cannot have pedestrian access to the park along this road. She added that a property owner is willing to possibly have a sidewalk through the Johnson Industrial Park to the Ball Park.
 
Alderman Dugger asked Mountain States for a timeline. Mountain States said once approval is given, we could get the pipe going. Mr. Garland asked Kevin with Mountain States if Town approves this today can you begin next week. Kevin stated that Mountain States should be able to be here at the end of next week.
 
Reading of resolution #08-04, a resolution to authorize the Mayor to enter into an agreement for changes to the Rocky Fork Road realignment project. Alderman Alexander made a motion to approve this resolution, Alderman Thomas seconded. With no discussion this resolution was approved unanimously.
 
Mayor Lothers noted that signalization is moving forward. Mr. Swartz stated that plans have been prepared and the Town will submit this to TDOT. Mayor Lothers noted that it was brought to her attention to possibly limit access to Old Clovercroft Road. She noted that this should be reviewed but not until signalization is completed. Alderman Dugger noted that he was not in favor of changing any of the traffic flow.
 
Mayor Lothers asked the Town Engineer about the possible road names and his opinion whether it would be confusing with the names Rocky Fork Road and Old Rocky Fork Road. Mr. Swartz stated that he did not know if it makes a lot of difference, although it may make more sense to call it Rocky Fork Road for continuity. Mayor Lothers noted that for visitors coming to the Park it might get confusing for an Old Rocky Fork and Rocky Fork Road but this could be considered at a later time.
 
The meeting adjourned at 1:32 p.m. by acclamation.
 
Respectfully submitted, Approved,
 
 
 
Cindy Lancaster Beth Lothers
Town Recorder Mayor
2008-06 BOMA
Town of Nolensville Board of Mayor and Aldermen
Meeting Date: June 5, 2008, Time 7:00 p.m.
Nolensville Elementary School
Mayor Beth Lothers opened the meeting at 7:00 p.m. Members present were Aldermen Jimmy Alexander, Joe Curtsinger, Tommy Dugger, and Ken Thomas. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Town Engineer Don Swartz, Consulting Engineer Tom Allen, and Recorder Cindy Lancaster. There were 28 citizens present.
Pastor Ron Wilcoxson, of Bent Creek Community Church, led the Prayer and Pledge.
Citizens Input:
Mr. Aubrey Short, 803 Rockwood Drive, showed the Board Brentwood Tennessee’s budget newspaper notice. He noted that within the Nolensville Charter it states that the notice should be placed in the newspaper within ten days of final reading. He stated that this was not published in a local paper; therefore this budget was not processed through the proper procedures. He added that it was not published on the Nolensville web site. He told the board that he would appreciate an answer.
Mayor Lothers noted that there has been publication in the newspaper regarding the budget. She further added that the town has performed the proper procedure in advertising.
Ms. Lynda Moses, 2230 Rocky Springs Road, told the Board that she did not mean for her following comments to be criticism. She noted that she had two issues that she wanted to bring before the Board. Ms. Moses stated that Mr. Darren Scheff of the Nolensville Feed Mill, is planning to hold a Farmers Market. She noted that booths would be outside in the heat. She stated that there is a vacant building at this location and asked if there could be an exception just this one time, to allow these vendors to be inside. Ms. Moses added that Nolensville was founded 211 years ago and it was segregated eleven years ago. She stated that people who were on the original Boards worked very hard with emphasis being placed on three things 1. Everyone wanted to see the stars, 2. We don’t want to look like Nashville, and 3. We wanted the Historic area to be preserved. Ms. Moses stated that the reason for incorporation was to keep Nolensville’s heritage. There are no incentives for people who own historic homes and businesses in the Historic area.
Ms. Moses stated that she would like to see some of the old timers who have been weaned off the Boards are reappointed. She stated that she thought it would be an asset for the next Alderman to be a long time citizen. Mayor Lothers stated that there is a place for everyone to serve. She noted that Mr. Frank Wilson and Mr. Willis Wells are on the Planning Commission and Reverend Alfred Bennett is on the Trails and Trees Committee. She stated that if anyone would like to be on a Board or Committee to please contact her and she would find a place for that individual to volunteer.
Mr. Chuck Fann, 2167 Kidd Road, reminded the audience that the Williamson County Fair is in need of volunteers. He noted that the 2008 dates for the Fair are August 1 through 9. He also added that the Nolensville Chamber of Commerce would have its Annual Broken Wheel Festival in September. He invited everyone to attend and participate in each of these events.

Reverend Alfred Bennett, 7286 Nolensville Road, stated that sometimes “old” and “new” Nolensville people are mentioned. He noted that there are exciting new people moving in and exciting people who have lived in Nolensville for years. Ms. Bennett and he have begun inviting 12 people to their home with a mix of the new families and old families. They are doing this so that everyone can get to know one another.
Alderman Dugger made a motion to approval the regular meeting minutes of June 5, 2008, Alderman Thomas seconded. There were no additions or corrections and the minutes were approved unanimously. Mayor Lothers made a motion to approve the treasurer’s report for April, Alderman Dugger seconded the motion. The vote was taken and this report was approved unanimously.
COMMITTEE REPORTS: Chair Rick Owens reported for the Planning Commission.
• Mr. Brian Truman spoke to the Commission on behalf of the Bent Creek Homeowners Association in regards to proposed lot size changes
• Bent Creek’s request was denied
• Burkitt Place final plat was passed unanimously
• Ballenger Farms was approved
• N Town Storage Site Plan Review was passed unanimously
• Zoning ordinance amendment in regards to storm water passed unanimously
• Monthly bond report was approved
Historic Commission Member Mr. Bob Crigger reported for the Historic Commission.
• Met on May 29th
• Nolensville United Methodist Church was issued a Certificate of Appropriateness
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
• A Tower site has been located
• Looking for a car that may be donated to be used in Extrication School
• Recently completed an Arson Class
Planner Henry Laird reported for the Planning Department.
• Noted there was no report
Engineer Don Swartz reported for the Engineering Department noting that the redesign of Rocky Fork Road was submitted to Mountain States. He noted that a cost proposal would be forthcoming. Mr. Swartz stated that the Nolensville Road and Rocky Fork/Clovercroft signalization is being submitted to TDOT. Mr. Swartz added that Nolensville received a letter in March from TDEC stating they have located a stream associated with the Rocky Fork realignment. He added that they are considering this a stream and not a ditch. Mr. Swartz advised the Board that the Town must provide a corrective action plan. The Town has met with TDEC along with Florence & Hutcheson and the verbal direction was to connect the identified stream with pipe under the road. There will be two cost proposals for this work and the eastern access work that should come to Town Hall next week. The original design engineer provided documentation as to their discussions with TDEC where this ditch was not identified as a stream.
Alderman Curtsinger asked if Florence & Hutcheson provided the Town with a copy of the letter. Mr. Swartz stated that the Town was in possession of a letter from Clifton & King Engineering. Mr. Swartz read the letter dated in 2005 and noted that a map was attached showing where they had walked the area and nothing indicated that there was a stream.
Mayor Lothers noted that TDEC has different variables to determine if this is a stream. She noted that if TDEC says that this is a river – it’s a river. Alderman Thomas asked about the letter from TDEC. Mr. Swartz read the letter from TDEC and added that it surprised all of us, but due to changes they are looking for stream quality as well as quantity. Mr. Swartz noted that the Town does not have cost information as of today.
Alderman Curtsinger asked if the state reviewed the entire project. Mr. Swartz stated that they reviewed the project. Alderman Curtsinger stated that it looks like we should not allow them to run over us. Counsel Notestine stated that the State could enforce the Town to comply with State Law. He added that the Town has requested the requirements in writing and are waiting on their response.
Police Chief Paul Rigsby reported for the Police Department.
• Written statistics were distributed to Board
• A Grundy County Deputy was killed while serving a warrant – donations for his family are being accepted
Mayor Lothers congratulated the Chief and Department noting the Board had a copy of a supplement for the Williamson Herald. The paper has articles that are in regards to grants the Department has received.
Alderman Curtsinger noted that on the stats there is a list of citations/charges. There is one officer that makes most of the stops and issues the most citations. He asked if there was a reason for the difference. Chief Rigsby noted that Officer Buckley was out for the month of May. When he returned, he was ready to work. Alderman Curtsinger asked if he worked days or nights. Chief Rigsby stated that he works a little of both. Mr. Bob Hayes reported for the Public Works Department.
• Grass mowing is consuming most of the Department’s time
• Repair of pot holes from the winter is ongoing
• Flags are being hung for Memorial Day and will be put up for Flag Day also
• Preparing for the July 4th Fireworks Celebration

Chair Suzie Lindsey reported for the Events Committee noting that money has been raised to cover the cost of the Celebration. She showed the audience and Board posters that have been printed advertising the event in addition to the sponsors. Ms. Lindsey stated that family games will open at 6:00, and the fireworks display will begin at dusk. She noted that the inflatables would be free for the kids; in addition there will be a homemade pie contest. Alderman Thomas added that this being the second year the crowd should be much larger. He reminded the audience that there is a proper way to be a part of this event. Alderman Thomas asked if anyone wishes to distribute information in regards to their business to please go through the Town Events Committee.
Mr. Jason Patrick reported for the Economic Development Committee. He stated that last month this Committee reported that a survey would be performed. This survey has been completed. He noted the purpose of the survey and noted that several Nolensville residents volunteered for this project. The United Telephone Directory was used and various “776” prefixes were called. There were 463 residents called. Two hundred and twenty eight agreed to participate in the survey. He noted that the response rate was high compared to other survey responses. He noted the various questions that were asked and then went over the age, gender, and length of residence in Nolensville from the survey.
Mr. Patrick demonstrated the survey with a Power Point presentation going over the answers from the survey in addition to the percentages of the answers. He advised the audience that there was no need for a larger number of participants. Dr. Graeff, with MTSU, concluded with this Committee stating that you could do this night after night and get approximately similar numbers. Mr. Patrick noted that he was one of the volunteers that surveyed Nolensville residents over the phone. He noted that people tend to have a relationship with their Attorney, CPA, and hairdresser. These types of services people do not mind driving to their choice of service. Therefore, people chose not to increase these type services or professions.
Mr. Patrick stated that Nolensville residents are very interested to see new restaurants. Mr. Patrick noted there is a strong support to put in a store to fill the gap created by the departure of Piggly Wiggly. The last question was to allow the resident to be as specific as possible about retail stores and development. Some of the answers were Chili’s, O’Charleys, an auto part store, bowling alley, Zaxby, Aldi’s, and a lot of restaurant ideas.
Ms. Lynda Moses, from the audience, stated that she had spoken to Dollar General Market and Aldi’s and they are not interested. Mr. Bob Haines, from the audience, ask that the results be placed on the web site for view. Mayor Lothers thanked the Committee Members in addition to Mr. Chuck Fann for all their hard work. Mayor Lothers noted that Trails and Trees should have a report next month.
Mayor’s Report:
a. Temporary Sign Discussion
Mayor Lothers stated that some complaints had been placed on the temporary signs set-up over the weekend period in Nolensville. Mr. Michael Blanks, the Building Official met with the builders and discussed the Town’s regulations on temporary signs. Mr. Blanks, could not be here tonight, but feels strongly the ordinance should be enforced. Mayor Lothers read portions of the ordinance. She noted that a builder could obtain a temporary sign permit, although this does not allow them to be placed in the right of way. Mr. Swartz noted that the builders would be most affected. He stated that occasionally there would be a “lost cat” sign that is not in compliance. Mr. Swartz added that it is necessary when the Town enforces this ordinance it is enforced across the board. Mayor Lothers asked the Board for their opinion. Alderman Dugger said that the ordinance should be enforced. Mr. Chuck Fann, from the audience, stated that on Memorial Day weekend there were at least 15 signs on Kidd Road. He added that if they would be sensible about it, it would not look so bad.
b. Other
Mayor Lothers stated that she has had up to three complaints about ice cream trucks music being excessively loud. She noted that the Town requires a Solicitation/Peddler Permit to be obtained. The Police Department has notified the vehicles of the Town’s criteria. Mayor Lothers stated that some Municipalities are performing background checks on these individuals. Counsel Notestine noted a 2002 US Supreme Court ruling states that Cities can regulate, but they cannot infringe on the Freedom of Speech. He noted the Watch Tower case says you can have a permit and regulate it, although you cannot go much further than that. Counsel Notestine stated for that reason alone you have to be careful. He added that the Town is looking at this further. Alderman Curtsinger asked if the ordinance applied to roadside stand. Counsel Notestine noted that is prohibited.
Town Planner Laird stated that he could not locate it at this moment within the Zoning Ordinance, although Nolensville did restrict the stands, but allowed the vehicles. Alderman Thomas stated that being the father of two children he does have a concern and feels that the Town could never be too cautious. Counsel Notestine noted that the Tennessee Constitution states that you cannot fine someone more than $50; therefore if someone is breaking the law we can only impose a penalty of $50. Chief Rigsby stated that the Department has written two warnings. The Chief clarified that Nolensville has not had any serious incidents regarding this issue. There have only been noise violations. Chief Rigsby added that our ordinance states they cannot use speakers or music and this is the violation. Mayor Lothers stated that she had received one email that was a safety concern.
First reading of Ordinance #08-06, an ordinance to amend Zoning Ordinance #04-09, regarding the duties of the Board of Zoning Appeals and the Storm Water Appeals Board. Mayor Lothers went over this ordinance noting this is a “clean-up” ordinance. She noted that the Town is trying to do the right thing and we need to make sure the process is done properly. Mayor Lothers noted that the Town would like for the Board with the expertise in the Storm Water field to hear any variances regarding Storm Water issues. She noted that currently the Zoning Ordinance refers these variances being forwarded to the Board of Zoning Appeals. Mayor Lothers noted that there has been discussion with Counsel on the proper solution. She stated that Mr. Tom Allen, the Storm Water Engineering Consultant, is in attendance and she referred this item to him. She added that the Town belongs to the Flood Insurance Program and will be audited on these variances. Mr. Allen stated that his opinion would be to pull out the Flood Plain portion in the Zoning Ordinance and have a stand-alone ordinance. Mr. Allen stated that there were three legal requirements that were mandated, with one being the Town had to have an ordinance in place by December 2004. He added that due to the deadline for adoption there maybe other situations that arise and will need addressing. Counsel Notestine stated that it was his recommendation to defer. He further stated that it was his recommendation to remove any storm water or water issues from the Zoning Ordinance. He added that there are so many changes that need to be made it should not be acted upon tonight. Alderman Alexander agreed and said that maybe the sponsor should withdraw this ordinance. Mayor Lothers made a motion to lay it on the table, Alderman Alexander seconded and this passed unanimously.
First reading of Ordinance #08-07, an ordinance to amend Chapter 18, of the Municipal Code, Chapter 1, pertaining to the Storm Water Appeals Board. Mayor Lothers asked for Mr. Allen’s opinion. His opinion was that this ordinance should move forward. Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded and this was approved unanimously.
Second reading of Ordinance #08-05, an ordinance for the Town Of Nolensville to adopt a budget for the fiscal year July 1, 2008 through June 30, 2009. After no discussion, Mayor Lothers made a motion to approve the ordinance on second reading, Alderman Thomas seconded and this was approved by majority with Mayor Lothers, Aldermen Alexander, Dugger and Thomas for, Alderman Curtsinger against.
Other:
Mayor Lothers asked the Board their opinion on having the regular Board meeting on July 3rd, due to the July 4th Holiday. Alderman Dugger asked if we anticipated a Special Meeting for the Rocky Fork Road issue. Mayor Lothers stated that there would be a Special Meeting called. Alderman Dugger stated that he thought not to have a July 3rd meeting, but allow the Special Meeting to act as the July.
Alderman Curtsinger stated that he was not in favor of a Special Meeting. He stated that every time there is a Special Meeting it cost us extra money. Alderman Curtsinger said that we have the TDEC bunch that we don’t know what is going on. We do not have Florence and Hutcheson in attendance to explain things. Alderman Curtsinger added that we don’t know when the State is going to be happy with this project. He added that we need to have all these things ironed out on each position before we meet rather than a last minute change, because it has cost us dearly so far. Mayor Lothers stated that she wanted to clarify that any change orders or change in cost have not been rushed. Mayor Lothers stated that was the point of the Special Meeting to have consultants and contractor present when the final cost proposals are ready. Mayor Lothers stated that if we want the road project to continue, we have to have a Special Meeting. She stated that staff would provide the information that is needed with Florence and Hutcheson and the experts. Mayor Lothers stated she disagreed with Alderman Curtsinger and if he was involved in the day-to-day operation he would see that it was very methodical. Alderman Curtsinger stated that he disagreed and referred to the TDEC issue. Alderman Dugger stated that the Town cannot control TDEC. Alderman Curtsinger stated that the Town should have TDEC state that this is not going to happen again. He added that the Town is going to get stung again and a couple of weeks is not going to make a difference. Alderman Dugger reminded the Board that it will cost extra funding to have that company move their equipment and have to bring it back to the Rocky Fork Road project.

Mayor Lothers stated that this is not uncommon on road projects, but they were waiting on information from TDEC in writing. Alderman Dugger noted that TDEC is their own entity and what a town does is not going to change their mind. Alderman Alexander stated that he was employed at Metro and at that time you worked on TDEC’s time. Alderman Curtsinger stated that Florence & Hutcheson should have this ironed out before we meet, we are looking at bridge decks where concrete standards did not get met, now surveys wrong by three guys. Alderman Curtsinger stated that now it’s getting rushed up again. Mayor Lothers stated that she disagreed with his characterization. She stated that so far Alderman Curtsinger had thrown out incorrect names of who designed the road or who is a consultant. She noted that this information has been given out numerous times. She added that if he was going to be critical he needed to have his facts straight on who is getting criticized. Alderman Curtsinger stated that his facts were straight. Mayor Lothers stated that this board will always be provided with full information before making a decision, that is why it is not on the agenda this evening. Alderman Curtsinger stated that we need it out there so people can study it ahead of time, not at a Special Meeting.
Mr. Aubrey Short, from the audience, stated Point of Order.
Mayor Lothers stated that the Board has two issues at hand. There will be a Special Meeting and the next regular meeting the day before a Holiday. Mayor Lothers made a motion to keep the monthly meeting scheduled, Alderman Thomas seconded, and this was approved unanimously. She added that she will advise the Board the date of the Special Meeting.
Engineer Swartz stated that he did not mean to beat a dead horse, although with the federal law “Endangered Species Act”, we must comply with their request. He then briefly explained this federal law. Mayor Lothers stated that the Town made its points and TDEC took that into consideration. She added that TDEC stated they know the Town did not deliberately omit obtaining a permit. The meeting adjourned at 9:01 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster             Beth Lothers
Town Recorder               Mayor
2008-05 BOMA
Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: May 1, 2008, Time 7:00 p.m.
Nolensville Elementary School

Vice-Mayor Tommy Dugger opened the meeting at 7:00 p.m. Members present were 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 23 citizens present.
Vice-Mayor Dugger asked that everyone keep Debbie Riddle’s family in their prayers with her recent passing. He noted the positive impact that she had on the Planning Commission and further noted that a memorial service would be held at her home on Saturday. Mr. Willis Wells led the prayer and pledge.
Citizens Input:
Mr. Brad Batey, 4821 Powder Stream, stated there were no minutes on the Nolensville web site for the year 2008, although there were minutes for 2007. He inquired about Bent Creek and why this issue was not on the agenda. There was discussion on this item noting that the developer withdrew his request at the last Planning Commission meeting.
Mr. Gardiner Jones, Cromwell Court, stated that the Town of Nolensville does have the first three months of 2008 minutes on the web site. These are the minutes that have been approved by the Board.
Alderman Thomas made a motion to approve the regular meeting minutes of April 3, 2008, Alderman Alexander seconded. There were no additions or corrections and the minutes were approved unanimously.
Vice-Mayor Dugger made a motion to approve the treasurer’s report for March, Alderman Thomas seconded the motion. The vote was taken and this report was approved unanimously.
COMMITTEE REPORTS:
Chair Rick Owens reported for the Planning Commission.
  • Bent Creek final PUD Plan was deferred
  • McFarlin Woods request was approved with conditions
  • Burkitt Place final plat was deferred
  • Haley Industrial final plat was approved
  • Monthly bond report was approved
Alderman Curtsinger inquired on the thought processes of the Planning Commission for the decision on Bent Creek. Chairman Owens stated that the applicant requested the deferral. Counsel Notestine stated that the Developer had conferred with a lawyer and he was unable to attend that meeting. Counsel noted that there has been correspondence from their attorney.

Historic Commission Member/Alderman Ken Thomas reported for the Historic Commission.
  • Noted that there was no meeting/report
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Asked that the minutes from last month reflect “tower” site and not “tire” site
  • The Award’s Banquet was last month and the Chief thanked the Board members that attended
  • A Pathfinder was donated to the Fire Department and will be used as a squad vehicle
Vice-Mayor Dugger congratulated Chief Hughes on his 35-year service award which he was recognized for at the Banquet.
Planner Henry Laird reported for the Planning Department.
  • Interest from business developers is ongoing
  • Questions from property owners in regards to zoning/rezoning continues
  • Recently attended a TDOT public hearing on the widening of Nolensville Road. Planner Laird noted that he has a copy of a preliminary plan at Town Hall for public view.
Engineer Don Swartz submitted a written report for the Engineering Department in his absence.
Police Chief Paul Rigsby reported for the Police Department.
  • Written statistics were distributed to Board
  • Commended Chief Hughes on his service award
  • Via a PowerPointpresentation,traffic data supplied by the new radar trailer was discussed
Alderman Thomas asked how the traffic within the Historic area compares to other communities. Chief Rigsby stated that he has not compared the statistics to any other cities, although he would do a comparison. Alderman Curtsinger asked what the Town planned to do about the motorist passing on the right side of the road. He asked if a sign could be placed that states “no passing”. Chief Rigsby said that the law is up to the interpretation by the Judge. Alderman Curtsinger asked if the Town could pass an ordinance that would not allow motorist to pass on the right hand side of the road. Vice-Mayor Dugger said that the Town Engineer could review this along with Chief Rigsby and then report back to the Board for a recommendation.
Mr. Bob Hayes reported for the Public Works Department.
  • Replacement of signs and road patching is ongoing
  • The Department would not be mowing up to fences, as in the past, due to the increase in gas prices
Alderman Curtsinger asked if the gas could be purchased through a co-op so that the Town does not pay taxes. Recorder Lancaster stated that currently taxes are not paid on fuel. When the bill is received, the tax is subtracted.

In Chair Suzie Lindsey’s absence, Alderman Thomas reported for the Town Events Committee
  • Work is ongoing for the 4th of July event
  • Volunteers are needed for this event
  • Noted that Suzie Lindsey is working hard on this event
Mr. Jason Patrick reported for the Economic Development Committee noting that this Committee has met on several occasions. He stated that allowing liquor by the glass is being reviewed for Nolensville. He noted that this Committee has discussed the impact both positive and negative. Mr. Patrick stated that it was the consensus of this Committee that the best way to determine this answer is to allow residents the opportunity to decide what they want. He stated that a requirement to have this placed on the November ballot is to obtain 10% of the voter signatures within the Nolensville Town limits that voted during the last Governors race. He noted that a petition has been drafted for the appropriate number (142) of signatures. The petition must be submitted to the Election Commission by September. Mr. Patrick reiterated that this will be for liquor by the glass and not a package store. He said that the Economic Development Committee realizes that this is a sensitive subject, but feels it should be for the public to decide.
Mr. Patrick stated that in the committee meetings the continued question was raised as to what type of businesses the citizens want to attract to Nolensville. This committee is spearheading a survey for the Nolensville Community. Dr. Tim Graeff, employed at Middle Tennessee State University, is an opinion and survey writer who resides in Nolensville. The Economic Development Committee will be conducting a phone survey on May 19th and 20th at MTSU with Dr. Graeff’s guidance. Mr. Patrick noted that this appeared to be the best way to obtain the citizens’ opinions. He noted that currently phone numbers, in addition to questions, are being compiled to perform the survey. Mr. Patrick stated that one of the questions on the survey would be addressing restaurants within Nolensville.
Mr. Jim Soloman, from the audience, asked why this group didn’t address a package store. Mr. Patrick said that the Committee felt this should be done in “baby” steps. He added that the committee is not saying they do or do not want liquor by the glass, although they feel that it should be addressed. Mr. Patrick said they are not looking at this issue with emphasis on alcohol sales, but rather looking at the business aspect. Currently, certain restaurants will build in Davidson County that would have come over the line to Nolensville, if alcohol sales were allowed. Nolensville will lose the revenue that is generated by these restaurants. Nolensville is currently being faced with this situation.
Mr. Aubrey Short, 803 Rockwood Drive, asked if this Committee has thought about enticing the discount grocery store Aldi’s into Nolensville. Mr. Patrick stated that the survey would address discount chains.
Mayor’s Report:
a.
Other
There was no report due to Mayor Lothers absence.

Public hearing on Ordinance 08-04, an ordinance to amend the Zoning Map of Nolensville, to rezone property currently Estate Residential (ER) to Commercial Services (CS) with Commercial Corridor Overlay (CCO) property located at 7167 and 7171 Nolensville Road opened at 7:35. There was no comment and the hearing closed at 7:35.
Public hearing on Ordinance 08-05, an ordinance to adopt a budget for the Town of Nolensville for fiscal year July 1, 2008 to June 30, 2009 opened at 7:36. There was no comment and the hearing closed at 7:36.
Second reading of Ordinance 08-03, an ordinance to amend Chapter 13, of the Municipal Code in regards to overgrown lots in the Town Of Nolensville. Counsel Notestine addressed this ordinance noting that this was recommended by the Tennessee Attorneys Association and passed on first reading last month. Vice-Mayor Dugger noted that Alderman Curtsinger made an amendment to this ordinance last month. Alderman Alexander made a motion to approve this ordinance, Alderman Thomas seconded.
Alderman Curtsinger asked who bears the responsibility if someone drops trash on property. Counsel Notestine stated that this ordinance allows the Town recourse if a property owner does not clean up their property. Alderman Curtsinger inquired about properties being grand-fathered. Counsel Notestine stated that a property owner would not be allowed to have trash on their property after this ordinance was passed. Alderman Curtsinger stated the he knew of about three different properties that this may effect adversely. He noted that the definition of “debris” is his concern. He asked if a property owner currently has a business at his home and the neighbors complain who will make the determination if this is “debris”.
Chief Rigsby stated that a code violation would be cited by the Codes Department. He stated that if the violator were cited they would go to Municipal Court and the Judge would make the final determination.
Counsel Notestine added that this is complaint based, although, if someone purchased property beside n existing hog farm or concrete plant they would not have any recourse. Vice-Mayor Dugger added that currently the Town could cite a violator; this ordinance allows a lien to be placed on the property if the town must clean the property.
Alderman Alexander added that he thinks Alderman Curtsinger is talking about the determination of what is junk and/or debris. Alderman Thomas asked who would enforce this ordinance. Vice-Mayor Dugger said it would be the Codes Department that would perform this task.
The vote was taken and this ordinance passed unanimously.
Second reading on Ordinance 08-04 an ordinance to amend the zoning map of the Town of Nolensville, to rezone property currently Estate Residential (ER) to Commercial Services (CS) with Commercial Corridor Overlay (CCO) property located at 7167 and 7171 Nolensville Road.
Counsel Notestine noted that this is second reading and the property owner is Mr. Fred Yazdian. He noted that a Representative with Delk and Associates was in attendance to answer any questions from the Board. Vice Mayor Dugger noted that this passed the Planning Commission unanimously and goes with the overall plan of Nolensville. He added that last month Mr. Greg Goats, an adjacent property owner, was in attendance and stated that he was in favor of this zoning.
Alderman Alexander made a motion to approve this ordinance, Alderman Thomas seconded, and this ordinance passed unanimously.
Other:
Alderman Curtsinger stated that with the price of fuel increasing maybe the Town should entice some form of mass transit, whether it is through Metro Nashville, Franklin, or Brentwood. He noted that some people might be interested in this endeavor.
Alderman Alexander asked if that was a question on the survey or could it be added. Mr. Patrick stated that it could be reviewed for the survey.
The meeting adjourned at 7:54 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster              Beth Lothers
Town Recorder                Mayor
2008-04 BOMA
Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: April 3, 2008, 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, Engineer Don Swartz, and Recorder Cindy Lancaster. There were 25 citizens present.
Pastor Steve Durham with the Radnor Baptist Church delivered the prayer and led the Pledge.
Citizens Input:
Mr. Jay Nelson, 720 Stonecastle Place, thanked the Mayor and Nolensville for their dedication to the downtown area. He stated that he represents the downtown Sewer Committee, the Historic Nolensville Development Association. Mr. Nelson updated the board noting currently the entire downtown area is being surveyed. He stated that two engineers would be attending a meeting on April 17th, to discuss the design. He expressed it was the Committee’s desire to accommodate everyone within the downtown area. He thanked the Mayor for her hard work to preserve the downtown area. He added that this area has marketability and no one wants to see empty buildings.
Mayor Lothers made a motion to approve the regular meeting minutes of March 3, 2008, Alderman Alexander seconded.
Alderman Dugger noted that there were some typographical errors within the minutes. Counsel Notestine noted that the minutes could be approved without an amendment if it is only typographical errors. The vote was taken and the minutes were approved unanimously.
Alderman Dugger made a motion to approve the treasurer’s report for January, Alderman Alexander seconded the motion. The vote was taken and this report was approved unanimously.
COMMITTEE REPORTS:
Town Planner Henry Laird reported for the Planning Commission.
  • Bent Creek request for a new phase was deferred
  • A training session was conducted for the Planning Commission on the bond process
  • Seven out of nine Planning Commission members attended an MTAS training session
Historic Commission Member/Alderman Ken Thomas reported for the Historic Commission.
  • Noted there was no meeting/report
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Distributed the Department’s quarterly report
  • Noted a firefighter achieved Firefighter I
  • Department recently purchased power cutters
  • Currently searching for a new “tire” site
Mayor Lothers asked Chief Hughes if alarm calls within the town were mainly commercial or residential. Chief Hughes said that alarm calls have decreased overall.
Planner Henry Laird noted there was no report for the Planning Department.
Engineer Don Swartz reported for the Engineering Department
  • Currently the Rocky Fork Road realignment should start up again in 30 to 60 days depending upon the weather
  • Rocky Fork Road and Newsome Lane survey has been completed and the adjacent property owners have indicated a desire to sell
  • Within the next two to three weeks Williamson County Highway Department will begin work on various road repairs within Nolensville
  • Time line for the Safe Route to School Grant at this point is dependent on the states response to what was submitted
Police Chief Paul Rigsby reported for the Police Department.
  • Written statistics were distributed to Board
  • One officer completed annual training
  • Two officers will be out for the next few weeks due to surgery
  • Radar trailer traffic data is available and can be distributed to board. Chief Rigsby asked for the board’s recommendation as to where they wish the trailer to be located.
Mayor Lothers noted that next month the radar data could be placed on the power point presentation for the citizens and Board to review.
Mr. Bob Hayes reported for the Public Works Department.
Performing maintenance on vehicles to prepare for the mowing season
Chair Suzie Lindsey reported for the Events Committee
  • Work has ongoing for the 4th of July event
  • Due to increasing shipping cost, the fireworks have increased in price
  • More sponsorships have been obtained
  • Volunteers are needed for this event
Alderman Thomas stated that he has had the opportunity to work with this committee and they do a great job. He noted that Suzie puts numerous hours into this committee. He praised Suzie and her committee.
Mayor’s Report:
a.
Other
Mayor Lothers noted that the Storm Water Appeals Board has met. Engineer Consultant, Mr. Tom Allen, has been working with this Board. He distributed educational material for this committee with a power point presentation for educational purposes.
Mayor Lothers noted that the Trails and Trees Committee would be meeting tomorrow. She added that a representative from the state would be attending to discuss grant opportunities.
Public hearing on Ordinance 08-04, an ordinance to amend the Zoning Map of Nolensville, to rezone property currently Estate Residential (ER) to Commercial Services (CS) with Commercial Corridor Overlay (CCO) property located at 7167 and 7171 Nolensville Road. Mayor Lothers made a motion to defer this until next month, due to a typographical error on the letter that was sent to adjacent property owners. Alderman Alexander asked if the Engineering firm representing this property was informed. Mayor Lothers stated that the property owner, Mr. Yazdian was contacted. Alderman Dugger asked how many property owners this actually affected. Planner Laird stated that he notified two adjacent property owners, in addition to the property owner across the street. Alderman Dugger asked if Mr. Greg Goats (a property owner that attended this meeting) would like to give any comment in regards to the property rezoning. Mr. Goats said that he was in favor of Mr. Yazdian getting this property rezoned. Alderman Dugger seconded the motion for the deferral and this passed unanimously.
First reading of ordinance 08-03, an ordinance to amend Chapter 13, of the Municipal Code in regards to overgrown lots in the Town Of Nolensville. Alderman Dugger made a motion to approve this ordinance, Alderman Thomas seconded. Counsel Notestine noted that the Tennessee Municipal Attorneys Association met recently and this Association made a recommendation to the Tennessee Municipalities to adopt this ordinance. He noted that currently Nolensville’s ordinance states that littering with debris is not allowed. He stated that this ordinance would allow the town to file a lien on the property if the town chooses to clean the property that is in violation. He noted that Metro has a similar ordinance.
Mayor Lothers asked Counsel Notestine about an appeal process. Counsel stated that section six within the ordinance would give the property owner the opportunity to come before the Board of Mayor and Aldermen and section seven gives the property owner the ability to appeal in court.
Alderman Dugger stated that in section two the town must designate the individual or entity that will enforce this ordinance.
Alderman Thomas asked for clarification on definition of debris and the location of this definition within this ordinance. Counsel Notestine stated that litter and debris is defined in the town’s existing ordinance. He noted that portion remains within the Municipal Code. Mayor Lothers asked if this would affect anything in regards to the county collecting the town’s property taxes. Counsel Notestine stated it only allows the town to place a lien on the property and it will not effect the current property tax collection by the county.
Alderman Curtsinger asked why a utility company or carrier would get more time than a property owner to remove the debris. Counsel Notestine stated that this ordinance does not have to pass in this form. He added amendments could be made to this document. Alderman Curtsinger inquired to the right of ways. Counsel Notestine stated that the right of way belongs to the town and a lien would not be filed on the town’s property. He stated that this would apply to any other property within the town limits. Alderman Curtsinger asked how this would be applied to construction sites such as the one on Johnson Industrial Boulevard where there are rocks and debris. Counsel Notestine stated this would be a matter of enforcing. He added that unless someone takes action nothing would be done. Counsel noted that with this ordinance the town would be able to file a lien on the property if it is forced to remove the debris.
Alderman Alexander stated that he is aware of some areas where there is over growth and is not allowing flow of water. Alderman Alexander asked if this could be applied to those situations. Counsel Notestine noted that previously there have been some situations that water was backed up in the road. The town has taken action if it backs up in the road.
Mayor Lothers read a portion of the Municipal Code that addressed this situation. Counsel Notestine noted that the portion that was read deals with the right of way. He added that there are some subdivision lots that do not have drainage easements and this addresses that issue.
Alderman Curtsinger made a motion to amend this ordinance to allow the property owner twenty (20) days, which is the same time frame as a utility company, Mayor Lothers seconded. The vote was then taken and first reading of this ordinance as amended passed unanimously.
First reading of ordinance #08-05, an ordinance of the Town Of Nolensville adopting a budget for the fiscal year July 1, 2008 through June 30, 2009. Alderman Dugger made a motion to approve this ordinance, Mayor Lothers seconded. Mr. David Rowland, member of the Budget Committee addressed the board. He went over the budget process noting that last year the committee asked for a “blue sky” request from the departments. This year the committee asked for a “bare bones” request. He stated that the building permit fees are anticipated to be down 50% this next year. Builders were contacted to give their estimates of the anticipated number of permits that will be pulled next year for Nolensville. He added that the committee met with almost everyone that had submitted a budget request. Mr. Rowland said that the General Fund largest expenditures are payroll. Town hall staff will receive a 2% raise.
Mr. Rowland addressed the impact fee noting the expenditures within each line item. Mr. Rowland then addressed the facilities tax noting that this, in addition to the impact fee, will come from building industry. He noted that within the Facilities Tax there are funds earmarked. The earmarked funds are for Town hall/rec center - $1,000,000 and the fire hall addition $250,000.
Mr. Rowland then went over the Williamson County Tax that was recently adopted. He noted that these funds must be spent on Capital Improvements pertaining to Schools within the Nolensville town limits.
Mayor Lothers asked that the board take a moment to number their pages so that if there is discussion a page number can be referred to. She then asked the board if they had any questions.
Alderman Thomas inquired about $5,000 dedicated donation on page three. He asked if this was for the town events. Mayor Lothers stated yes.
Alderman Curtsinger asked, on page four, within the Public Works, repair and maintenance is only $500. He asked if $500 would be sufficient for this line.
Alderman Thomas asked about the engineering personnel reduction cost. He inquired to how this number was reached. Mayor Lothers stated that the town has moved from a full-time engineer to a part-time engineer. She added that consultants are hired for engineering specialties.
Alderman Curtsinger stated that this Committee requested a bare bones budget. He asked if the essential departments were funded to their necessary need. Mr. Rowland stated the hard part of this task was to take those budgets and cut $49,000 from the numbers that were submitted.
Mayor Lothers said that the time consuming portion is the volunteers analyzing the submitted data. She noted that she appreciated the level of scrutiny and time it took to compose this budget.
Alderman Thomas noted that there is a reduction in almost every revenue line item. He commended the Committee noting that he felt it was difficult with everyone having more needs.
Alderman Curtsinger stated that he would ask again, “Are the essential departments funded to their necessary need.”
Alderman Dugger stated if Alderman Curtsinger was asking if the Budget Committee gave the essential departments everything they asked for, the answer is no. Alderman Dugger noted that the Police Department did not get what they had requested and the Fire Department did not get what they had requested.
Mayor Lothers went over the various budget requests in addition to what they received. Mr. Rowland added that within the discussions with the various departments no one ever said, “We cannot provide the essential services if we get this amount”.
Alderman Alexander noted that he attended most of the budget meetings and he felt this committee did a good job.
Alderman Thomas stated that he attended one meeting and concurred with Alderman Alexander. He added that he could feel the pain within the room when they couldn’t fund something they really wanted to fund.
The Board thanked committee members, Mr. David Rowland and Mrs. Carla Ediger, for all their hard work.
The vote was taken and first reading passed unanimously.
The meeting adjourned at 8:02 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                     Beth Lothers
Town Recorder                       Mayor
2008-03 BOMA
Town of Nolensville

Board of Mayor and Aldermen Meeting

Date: March 6, 2008, 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, and Tommy Dugger. Aldermen Joe Curtsinger and Ken Thomas were absent. Staff present: Counsel Robert Notestine, Town Planner Henry Laird, Engineer Don Swartz, and Recorder Cindy Lancaster. There were 29 citizens present.

Pastor Sandy Shawhan with the Nolensville United Methodist Church delivered the prayer. Boy Scout Troop 298 led the Pledge.

Mayor Lothers presented and read a proclamation to Mrs. Olivia Haley who will be representing the State of Tennessee in the Ms. Senior Pageant.

Citizens Input:

Mrs. Evelyn Bennett, 7286 Nolensville Road, A Home Place Bed & Breakfast, addressed the audience noting that she was representing the Historical Society. She noted that a document was initially written in 2005 describing the many families within Nolensville. Mrs. Bennett said that in the year 2007 a third book was written and currently in 2008 a new book will be forthcoming. She stated that there have been numerous requests for the First Edition in 2005. Mrs. Bennett stated that she will be placing an order in the near future so if you would like to get on the list to please contact her. She added that last year’s book was about Sunset Park.

Alderman Dugger made a motion to approval the regular meeting minutes of February 7, 2008, Alderman Alexander seconded. The vote was taken and the minutes were approved nanimously.

Alderman Dugger made a motion to approve the treasurer’s report for January, Alderman Alexander seconded the motion. The vote was taken and this report was approved unanimously.

COMMITTEE REPORTS:

Chairman Rick Owens reported for the Planning Commission.
•The Brentwood East Regency Center was approved with conditions
•Zoning of Yazdian property was passed unanimously
•Well’s Subdivision dedication was changed to reservation unanimously
•Bond report was passed unanimously

Historic Commission Member Bob Crigger reported for the Historic Commission.

•Fire Fighter Harold Shaffer reported for the Nolensville Volunteer Fire Department.

•Planner Henry Laird noted there was no report for the Planning Department.

Engineer Don Swartz reported for the Engineering Department

•Met with Mr. Eddie Hood with the Williamson County Highway Department
•Four roadway repairs were discussed including the large hole on Clovercroft Road to be repaired

Mayor Lothers spoke with Bobby Garland, Engineering Management Consultant for the Rocky Fork Road Realignment project regarding some discussion amongst board members regarding the bidding process and the availability of information when the board awarded the construction contract back on August 2nd.

As attempted to clarify at several meetings, when the town goes through a bidding process there are legal requirements that are met all along the way. The construction bidding process is different than the request for proposals process.

In the bid process, each bid that’s submitted by each contractor is identical except for the bid amount. Mayor Lothers entered an e-mail response by Mr. Garland into the record.

“The bid proposal consisted of Specifications and Special Provisions detailing the requirements of the actual work being performed on this project and was with the help from others put together under my supervision as per the contract requirements between the Town and F & H.

The Town with the assistance of F & H sold these documents to prospective bidders. We went through numerous processes to ensure that all bid proposals were exactly the same including distribution of addendums between the time of document sales and actual bid opening. Our ultimate goal which we obtained was to ensure all bidders were in fact bidding on the same project.

Bids were received at the Town Hall by Town representatives and were publicly opened and read aloud. All bid proposals were identical except for entries required of the bidder and his bonding company (Contractor’s bid and bid bond). The actual bid proposals were presented at the Board of Mayor and Aldermen in which Mountain States Contractors was awarded the contract.”

Mayor Lothers stated as discussed before, the bid opening was publicized so that anyone could attend. Because the bid documents were large and identical, they were available at Town Hall for board members or citizens to look over. The engineering consultant had never been asked to duplicate entire bid packages that are identical for other municipal boards before, but if that is something this board would like to do in the future it could be done.

Mayor Lothers noted that if there is any further confusion or questions, she wanted to make that a part of the public record and happy to address them.

Police Chief Paul Rigsby reported for the Police Department.

•Written statistics were distributed to Board
•Radar trailer has been set up with a chart distributed to the board
•Police cars have had some mechanical problems this month

Mayor Lothers asked if the chart document could be scanned and placed on the power point for the citizens to view.

Mr. Bob Hayes reported for the Public Works Department.

•Only working approximately four hours a day due to weather and lack of work
•Have patched various roads that needed minor repair
•Several signs have blown over due to weather
•Working on police cars
•He told the board that he appreciated and is enjoying the truck recently purchased

In Chair Suzie Lindsey and Alderman Thomas absence, Mayor Lothers reported for the Events Committee

•Work has begun on the 4th of July event
•Have been meeting twice a month to prepare for events
•Some sponsorships have been obtained
•Volunteers are needed for this event
•The Prom event at the Rec Center has been cancelled

Mayor’s Report:

a.

The Trees and Trails Committee has had several volunteers that have come forward.

Budget Sub-committee Chair and Vice-Mayor Dugger noted that this group has met a couple of times and will be meeting three more times in March at 8:30 a.m. Mayor Lothers noted that this year will be a “bare bones” year. Hopefully this will change next year. She added that the expenditure side currently looks very good, although the revenues are mainly generated with the residential development. She added that the residential is down from the projections last year.

Economic Development member Alderman Alexander updated the board on this Committee’s progress. He noted that a few months ago the Mayor thought forming this committee would be worthwhile. She appointed various members and they have met for the past couple of months. He stated that currently they have been working on an updated survey. He stated that one would be a business survey, with another one focused on residents. He added that the survey would determine what the businesses need and if there is anything the Town can do to help. Alderman Alexander stated that the residents will be surveyed and their input will assist in decisions that will be made in the future. He stated that this committee has obtained various sample surveys, adding that currently someone in this profession lives in Nolensville and will be assisting this committee with this endeavor.

Second reading on ordinance 08-01 an ordinance to amend the Zoning Ordinance 04-09, in regards to permitted uses in the Office Industrial (OI) district as it pertains to religious institutions and animal boarding facilities, Mayor Lothers made a motion to approve this ordinance, Alderman Alexander seconded. With no comments this approved unanimously.

First reading of ordinance 08-04, an ordinance to amend the zoning map to rezone property located at 7167 and 7171 Nolensville Road. Planner Henry Laird noted that the two lots, 7167 and 7171 Nolensville Road, are north of Brittan Plaza. He added that these are two residential properties on the west side of Nolensville Road past the recently constructed Brittain Plaza. Planner Laird noted that in the Land Use Plan this property is zoned for commercial use. Mr. Laird added that other properties have been zoned commercial that are adjacent to these properties. Planner Laird stated that they must still meet the Town’s regulations. It was noted that the Planning Commission unanimously approved this amendment to the zoning map.

Mr. Mike Anderson, engineer for this project, was in attendance and stated that if the Board had any questions he would be happy to answer.

Alderman Dugger reiterated that this is in the Town’s Land Use Plan and commercial zoning is adjacent to this property. Alderman Alexander noted that the Planning Commission approved this unanimously.

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

Reading of Resolution 08-02, a resolution to accept the newly constructed Sam Donald Road. Town Planner Henry Laird noted that the Town Engineer, Don Swartz, had recommended this to the Planning Commission. He stated that the developer had made this request and the Planning Commission approved this road.

Counsel Bob Notestine asked for clarification in regards to Resolution 06-09. Engineer Swartz stated that resolution was an acceptance with the Maintenance Bond being phased out. Mayor Lothers asked for clarification from the Town Engineer in regards to the Town accepting the road, what judgment did he use to remove the bond? Mr. Swartz stated that it was through the ordinances and resolutions adopted by the Town. He noted that this road was built according to the plans and did not think it was reasonable to hold this developer responsible for a roadway that is used excessively.

Counsel Notestine recommended the board change the title from dedicate to release CK Developments maintenance bond, additionally change the second “Whereas” to delete “offered to dedicate, and replace with “dedicated”, and delete the third, fourth, fifth and sixth paragraph in it’s entirety.

Alderman Dugger made a motion approve this resolution with the amendment that was recommended by counsel. Alderman Alexander seconded. The amendment and resolution passed unanimously.

Reading of resolution #08-03, a resolution to approve funding for construction of the eastern access to the county ball park in conjunction with Rocky Fork Road realignment project. Mayor Lothers noted that there was discussion at the last board meeting in regards to this issue. Mayor Lothers asked for clarification and a recommendation from Counsel Notestine in regards to the wording of the resolution. Counsel Notestine stated that either of the options are dependent upon the property owners willingness to sell the right of way. He noted that this resolution will give Mountain States direction for a cost estimate. Counsel Notestine stated that in regards to the wording within the resolution the only change that he would make would be to the dollar amount. He noted that this document should be a resolution for the Mayor to move forward on this project with a change order. Counsel stated that it is, “did the chicken or egg come first” situation. He added that contractors can not move forward without knowing which option the board wishes to pursue and the Board cannot move forward without an amount. He added that this resolution without an amount will allow Mayor Lothers to move forward.

Mr. Swartz noted that Florence and Hutcheson has agreed to do the design work with out an additional cost to the town. Florence and Hutcheson will provide the design to the contractor to get an accurate cost. Mr. Swartz stated they need to know which option the board wishes to pursue prior to initiating plans. Each option was shown to the audience/board via the power point presentation.

Alderman Alexander noted that he recalled the board had settled on option two with the town contacting the owner to see what would happen from there. Alderman Dugger stated that before the Town can get Florence and Hutcheson to begin their process they must have direction on what this Board desires.

Mayor Lothers made a motion to approve this resolution with the recommended changes from Counsel Notestine to change the title of the Resolution by deleting “to enter into an agreement” and adding in it’s place “to request a change order”, and the final paragraph, second sentence again replace “enter into an agreement” to“to request a change order”, remove the last portion of the sentence within this paragraph “with an additional cost of this project not exceeding $80,000.00” and replace with, “the first choice property being proposal #2, and the second choice property being proposal #1 with a change order to be approved by Board. Alderman Dugger seconded and this passed unanimously.

Other:

Mayor Lothers reported that the recycling bins have been received and Mrs. Lee Rowland is working hard on this project. She noted that Public Works will be working on this project in addition to getting the information out before the public.

The meeting adjourned at 7:54 p.m. by acclamation.

Respectfully submitted, Approved,

Cindy Lancaster                     Beth Lothers

Town Recorder                       Mayor
2008-02 BOMA
Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: February 7, 2008, 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, and Recorder Cindy Lancaster. There were 27 citizens present.
 
Pastor Dennis King Stonebrook Baptist Church delivered the prayer, and led the Pledge.
 
Citizens Input:
 
Mr. Frank Wilson, 7345 Nolensville Road, had signed up to speak although noted that he would pass on addressing the board.
 
Mr. John David Goolsby, 8094 Canonberry Drive, read a letter, noting that he had met with Mr. Henry Laird and Mr. Matt Happel today in regards to the construction of Home Depot. He said that he worked for a large developer and is very familiar with the process. The letter stated that he loves Nolensville. He further added that he felt no notice was given to the residents of this facility being built which he felt was uncommon. He stated that Nolensville had broken some of its rules, in his opinion, and referred to the Code of Ethics Ordinance #06-18. He added that he realized there would be a small tree buffer. He requested that the town have an outside meeting with the residents to discuss this further.
 
Mayor Lothers said that she would like to note that the current zoning of this property has been in place for more than two years. Counsel Notestine added that he felt there is some confusion due to the Davidson County line within Burkitt Place.
 
Mr. Goolsby added that he has found three or four items that had not been met within the ordinances adopted by the town. He stated that he had mentioned this to Mr. Happel and Mr. Laird.
 
Mr. Vance Wilson, 8040 Canonbury Drive, stated that he attended the last meeting and he did not plan to speak tonight. He stated that he feels the residents are trying to lift a voice in Burkitt Place. He noted there are several residents here tonight to address some concerns with some of those being the lighting and buffering.
 
Mrs. Susannah Wilson, 8040 Canonbury Drive, stated she was in attendance at the last meeting and received less than 24 hours notice of this meeting. She stated that she felt they had an obligation to their neighbors to inform them of the construction of Home Depot. She stated that they distributed flyers to approximately 120 homes. She stated that the neighbors were shocked and dismayed that they were not notified. She added that she had moved from a very nice neighborhood and was shocked that a Home Depot would be built at this location. She said she would have to go down the road to see the stars.
 
Mayor Lothers stated that she may be referring to the Towns guidelines for dark sky compliant (full-cut off) which includes this project site. She noted that these guidelines are dark sky compliant (full-cut off). Planner Laird said that in 2005 ten property owners had requested that this property be rezoned. No one objected to the re-zoning.
 
Alderman Dugger made a motion to approval the regular meeting minutes of January 3, 2008, Alderman Alexander seconded.
 
Alderman Curtsinger stated that on page six of the minutes; in the third paragraph it refers to a statement that was made that the Board had ten minutes to review the document. He stated that after reviewing the tapes, the board had not received these documents prior to that evening. He asked confirmation of this statement from Alderman Alexander. Alderman Alexander nodded that he had not seen them ahead. Mayor Lothers stated that she had an email the board stating that due to the size of the bid documents they were available at Town Hall for review prior to the meeting. Alderman Thomas stated that he felt that point was mute due to the minutes reflecting the meeting dialogue. Alderman Curtsinger stated that he felt it was important that those documents were not made available. Mayor Lothers noted that the engineering proposals which concerned Florence and Hutcheson work were presented in January in advance and held up a copy, while the bid packets he was addressing involving construction companies took place in the summer.
 
Counsel Notestine stated that he understood what Alderman Curtsinger was saying, although the minutes reflect what was stated at that meeting and the board cannot interject in those minutes the intentions, although what was stated.
 
Alderman Curtsinger noted that his comment was referring to the actual bid package. At that meeting the three proposals were presented to the board. He added that these proposals were from the construction contractors Mountain States, Civil and another one. Mayor Lothers stated that for the record she will have the minutes reflect this conversation.
 
The vote was taken and the minutes were approved unanimously.
 
Mayor Lothers made a motion to approve the treasurer’s report for December, Alderman Thomas seconded the motion..
 
Alderman Curtsinger inquired to where the amount of the settlement for Officer Holt was reflected within the report. Mayor Lothers clarified the settlement vote was three in favor, one opposed with the Mayor having to recuse herself. Her understanding was that there was not a special place for that inside the budget. Recorder Lancaster stated that it was in the Police Department Miscellaneous line item. Alderman Curtsinger asked if it could be placed into a court settlement line item. Alderman Dugger, in addition to Budget Committee Chairman, said this question can be referred to Auditor Mr. John Poole.
 
The vote was taken and this report was approved unanimously.
 
COMMITTEE REPORTS:
 
Chairman Rick Owens reported for the Planning Commission.
 
•Home Depot was approved with several conditions
Historic Commission Member Bob Crigger reported for the Historic Commission.
•Noted there was no meeting/report
 
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
 
•$6250 Community Enhancement Grant money was received
•Received $10,000 grant or remote hydraulic on truck and smoke trailer
•Noted he would not be in attendance at the next Board meeting due to hosting a First Responder Certification Class
•Call are up 57% for one month
 
Planner Henry Laird noted there was no report for the Planning Department.
 
Engineer Don Swartz noted he would report for the Engineering Department during the Mayors Report portion of the meeting
 
Police Chief Paul Rigsby reported for the Police Department.
•Written statistics were distributed to Board
•Noted that Fairview had been hit hard with a recent tornado
•A Nolensville Officer assisted this Williamson County municipality during their crisis
•Advised the Board that the tornado siren was sounded and this is controlled by the 911 office in Franklin
•The radar trailer has been received and currently working out some issues with this device.
Mr. Bob Hayes reported for the Public Works Department.
January has been slow month
One exciting – new vehicle was 2000 GMC truck was purchased – can keep tools
•January has been a slow month
•Advised the Board a 2000 GMC Truck was purchased for this Department. He thanked the Board noting that the vehicle has a tool box built into the bed and is very conducive to their Department.
•During the recent tornado the Department was able to clean up areas and cut trees down with all the equipment conveniently being on the vehicle.
Alderman Ken Thomas reported for the Events Committee
•Work has begun on the 4th of July event
•Sponsorships are being sought
•Volunteers are needed for this event4
•A new event is being planned, The Nolensville Prom will be held in May at the Recreation Center with admission being $10
 
Mayor’s Report:
a.
 
Mayor Lothers stated that she had distributed Bio’s on the individuals who have shown interest in being on the Storm Water Appeals Board. She noted that the Board previously approved Mr. Douglas Radley and Mr. Larry Gardner. She noted that the following Biographies were submitted to the Board:
Mr. Andrew Grosson Mr. Randall Kerr
Mr. Phillip Nelson Mr. Chase Smith
Ms. Kim McClintoch
 
Mayor Lothers moved for approval for these individuals to serve on the Storm Water Appeals Board, Alderman Dugger seconded. These members were approved unanimously.
 
b.
 
Mayor Lothers noted that emissions testing was willing to provide Nolensville with a mobile unit however she noted that the town would need to provide a bathroom, phone line, and electricity for this station. She added that she did not see where the town had a facility to provide this service, but wanted to get some feedback from the Board.
 
Alderman Dugger asked if they went anywhere else in the county. Mayor Lothers stated that County Mayor Rogers Anderson has asked for other places within the county to provide this service for the citizens in the county. She added that Nolensville is fortunate due to the emission locations near the town. She referred to Nashville, and Smyrna besides Franklin. Alderman Dugger asked if there were any other cost. Mayor Lothers stated there were none other than providing a bathroom, phone line and the electricity. Alderman Curtsinger asked due to this being privately owned, has this company offered anything to the town. Mayor Lothers stated that she was only told that they would only provide this service if we came up with a site. She added that currently she did not know where this mobile testing could be placed with the amenities that they had requested.
 
Mr. Rick Owens, from the audience, asked if it would be a temporary site that would come once a month. He added if that was the case, could the Recreation Center be considered as a possible location. Mayor Lothers asked if there were phone lines at this location. Alderman Dugger noted that there use to be a phone in the Center. Mayor Lothers noted that this is a county facility and they would have to grant approval.
 
Alderman Curtsinger stated that he felt there were a lot of other considerations that must be reviewed. He inquired to the number of cars that would be tested and the possible congestion on Nolensville Road.
 
Mr. Frank Wilson, from the audience stated that Williamson and Davidson counties provide the permanent facilities. Mayor Lothers stated that was correct. She thanked the board for their input.
 
c.
 
Mayor Lothers noted that she had received a letter from County Mayor Rogers Anderson. The letter stated that due to Williamson County Schools needing more space they plan to be in the building another 12 months. She noted that the county will not officially receive the property from WCS until 2009. She noted that the question has been whether the Town wants to enter into an agreement with Williamson County Schools until the county has taken over the facility. She said that a representative with Williamson County Schools has said they are looking at taking inventory to see how much space they will actually need. She noted that it is her understanding that Williamson County Parks and Recreation cannot take over the property until Williamson County Schools vacates the building. She noted that the transfer is being planned for the first quarter of 2009. She advised the board that she will keep that discussion going if the board is in agreement.
 
d.
 
Mr. Don Swartz, Town Engineer noted that he had met with Florence and Hutcheson in regards to two entrances on Rocky Fork Road into the park. He noted that in the realignment process the decision was made for only one access. He stated that there has been some concern with only one entrance into this facility. There was a power point presentation showing the different entrances. Mr. Swartz noted that the concern is a small exposure. He explained that the conflict will occur when people waiting to go left or right, there could be a small potential of an accident.
 
Mr. Swartz showed the Board an alternative (showed on the power point) noting that this would increase the separation of vehicles and increase the storage capacity. He noted that an additional lane will allow full access further east into the ball field. Mr. Swartz stated that this has a higher construction cost. He noted that it would double the cost to approximately $70,000. Mr. Swartz added that he would recommend the Board accept this alternative.
 
Mayor Lothers noted that the original plans would have only one entrance/exit into the park. Mayor Lothers noted that it is important to know that another entrance or exit was provided in a proposal to Williamson County had been previously presented. Mr. Swartz went over the options that were presented to the county noting that it involved purchasing property that was not available for the appraised value.
 
Alderman Dugger noted that he was in agreement with the second option Mr. Swartz had presented to the Board. Alderman Thomas asked Mr. Swartz if he felt comfortable about the construction estimates and inquired if he felt those numbers may change after the initiation of the project. Mr. Swartz read an email in regards to cost from Florence and Hutcheson. He noted that a paving estimate was used and the process would include a change order with the contractor Mountain States. Mr. Swartz added that the town would not have the “set-up” cost involved in a new project. Alderman Alexander noted that it appears the town will have to purchase additional right of way. He asked if the property owner had been approached. Mr. Swartz stated that staff felt this Board should initially approve this project move forward prior to discussion with the property owner. He added that it would consist of purchasing a little more than 8,000 square feet. Mayor Lothers noted that although the board cannot make a decision on price tonight, the board can approve to move forward to discuss this with the property owner.
 
Alderman Thomas agreed with Alderman Dugger that the second option looks the best. Alderman Alexander stated that he felt the next step would be to approach the property owner. Alderman Curtsinger inquired to the distance in regards to vehicles. Mr. Swartz stated that about 120 feet will hold about 5 cars. Alderman Curtsinger asked if Don had timed this out with the school time traffic. He asked if they would be taking a left at the Methodist Church. He inquired if a traffic count or study had been performed. Mayor Lothers noted that there is a traffic study from done by TDOT for the Rocky Fork Nolensville intersection which is part of the basis of our signal warrant. She added that the second alternative allows Silver Stream and other traffic to have access both directions during special events. Mayor Lothers asked the Town Engineer if this became a problem was there something that could be done. Mr. Swartz stated that traffic calming issues could be implemented.
 
Alderman Alexander inquired to the impact on the right of way. He noted that there was a small building. Mr. Swartz stated that it is outside of the right of way. Mayor Lothers asked the Town Engineer to show the utility locations. Mr. Swartz noted with this alternative there is a water line that runs south and the gas is on the east side of road. Additionally, he showed where the electric poles were located. He noted that with either alternative utility relocation are not anticipated.
 
Alderman Curtsinger asked if there had been any recent traffic studies at this location. Mr. Swartz stated that a recent study had not been performed and there was no way to study something that did not exist yet. Alderman Dugger noted that he felt this would only enhance it by allowing a right and left turn on Newsome Lane. Alderman Curtsinger stated that he wanted to make sure the town did not design an intersection just off the cuff. He stated that by the time this project is over it will be over a two-million dollar project.
 
Mayor Lothers noted that TDOT performed a count with the school there. Mr. Swartz noted that in order to get an accurate number a computer modeling study would have to be performed. Alderman Curtsinger asked about a turn lane into the school from the east side. He asked where the flow into the school is in the morning. Mayor Lothers explained how the traffic flows into the school off of Newsome Lane and Rocky Fork Road during school opening and closing times. Alderman Curtsinger stated that isn’t now the time to discuss a left turn lane into the school. Mr. Swartz stated that they are both unrelated. Mayor Lothers noted that Williamson County School is focused on so much stowage on the property. Alderman Curtsinger noted that Sunset Road backs up due to the Schools on this road. He noted that some mornings it is backed up ¼ to ½ mile. Mayor Lothers noted that Williamson County does have plans to build a turn lane. She added this is on their radar. Alderman Curtsinger stated that he felt it should be reviewed because it will have an impact. Mayor Lothers thanked the Town Engineer for the presentation.
 
Mayor Lothers noted that the Historic Nolensville Development Association has formed and have elected officers. She noted that the first step to get sewer to this area is to get a survey of the Historic District. She stated that septic systems are failing in many of the properties within that area. Mayor Lothers noted that she felt there is a real necessity to get involved in order for this area to not become dormant. She added that she had made a decision to have the Town of Nolensville provide a survey of this area for approximately $9,000. She noted that within her guidelines as Mayor any other involvement over $10,000 would be brought before the board.
 
Public hearing on ordinance 08-01 an ordinance to amend the zoning ordinance 04-09, in regards to permitted uses in the office industrial (OI) district as it pertains to religious institutions and animal boarding facilities opened at 8:16. With no comment the hearing closed at 8:16.
 
Public hearing on ordinance 08-02, an ordinance to amend the zoning ordinance 04-09, in regards to lighting standards and wall sign limitations opened at 8:17. With no comment the hearing closed at 8:17.
 
Second reading of ordinance 07-23, an ordinance to amend Title 11, Chapter 5, of the Municipal Code in regards to Firearms. Mayor Lothers thanked the members that participated in the workshop that was recently held in regards to this ordinance.
 
Counsel Notestine noted that he had drafted this ordinance from the comments made during the workshop. He noted that one of the comments was to define “weapons”. He noted another significant change was an attempt to address and define the areas where discharging would be prohibited, Counsel Notestine read this portion of the ordinance. He noted that the ordinance creates several exceptions.
 
Alderman Alexander noted that setting boundaries seem to make sense for Nolensville. Mayor Lothers noted that she had received a phone call from TWRA and they were complimentary on the work that Nolensville has done on this ordinance.
 
Mayor Lothers made a motion to approve this ordinance as amended by Counsel Notestine, Alderman Alexander seconded.
 
Alderman Curtsinger asked where the boundary would stop. Alderman Alexander asked if it would be to the town limits. Alderman Curtsinger confirmed this would include all the new areas that were recently annexed. Alderman Curtsinger asked how this would be enforced. Counsel Notestine noted that this is a document that was composed with an attempt to have enforceability. This is why the boundaries were put into the ordinance. Alderman Curtsinger asked how will this ordinance change the enforceability. He gave an example if a neighbor wanted to file a complaint now, the Chief must witness the incident. How will this ordinance change that?
 
Counsel Notestine stated that if the Police Chief believes there was a violation it would go to court. Alderman Curtsinger stated that currently the town has that. Counsel Notestine stated that the Town has the noise ordinance and the noise is usually gone by the time the police get to the scene. Mayor Lothers noted this can be complaint based. Chief Rigsby stated that the Town can prosecute if the neighbor wishes to prosecute, which requires them to come to court and testify. Alderman Curtsinger asked how that is different than the current noise ordinance. Mayor Lothers stated that now there will be something on the books and in place for the Police. Alderman Curtsinger asked is this going to give the Police Chief the right to go onto some ones property. Counsel Notestine stated that the Town cannot regulate an individual’s right to bare arms. Mayor Lothers said that the Town can educate and inform the public of the change. Alderman Curtsinger asked what the difference is. He asked Chief Rigsby what he was going to do. Chief Rigsby noted that this is a discharge ordinance. Alderman Curtsinger asked what has changed from before. Mayor Lothers read a portion of the ordinance that would allow the Police more ability to cite and individual breaking the law. Alderman Dugger made a motion to amend section 4.1 from 5 to 3 acres. The motion died for a lack of second.
 
Alderman Curtsinger made a motion to amend section 4.1 to change 5 acres to 2 acres, Alderman Dugger seconded. Alderman Thomas noted that his major concern were for the properties north of Nolensville road. Alderman Alexander noted that he feels two acres is too small. Mayor Lothers reiterated this ordinance will be complaint based. The vote was taken on the amendment with Alderman Dugger and Curtsinger for, Mayor Lothers, Aldermen Alexander, and Thomas against. The vote was then taken on the ordinance as Counsel submitted. Mayor Lothers, Aldermen Alexander, Dugger, and Thomas for and Alderman Curtsinger opposed.
 
Second reading of ordinance 08-02, an ordinance to amend the zoning ordinance 04-09, in regards to lighting standards and wall sign limitations. Alderman Dugger made a motion to approve this ordinance, Alderman Thomas seconded. There was no discussion and the vote was taken and this passed unanimously.
 
Reading of resolution #08-01, a resolution to enter into an agreement with Mr. John Poole to perform the annual audit. Counsel Notestine noted that he is used by several small cities in Tennessee and is well known throughout Tennessee. Mayor Lothers made a motion to approve this resolution, Alderman Thomas seconded. This resolution passed unanimously.
 
Other
 
Alderman Dugger stated that in regards to the Budget Committee, this group will be meeting in the near future, it not next week, there soon after. He will notify the board of these dates.
 
Alderman Curtsinger asked what the town’s concern is in regards to health issues in the Historic area. Mayor Lothers noted that any health issues would be controlled by the County Health Department.
 
Counsel Notestine noted that the town has written a letter to one individual that raw sewage has been observed on the ground. Alderman Curtsinger asked if it would benefit the town to have the Planning Commission investigate urban development if you want to turn it in to a true district. He said that he did not think there was enough organization. He added that he thought the town’s Planning Commission could look at that to obtain some funding.
 
Mayor Lothers stated that the different option with the rural development funds has been reviewed. She noted that everyone on the west side is not eligible and everyone on the east side is eligible. She noted that the potential involvement could be engineering services or a surety to provide loans. Mayor Lothers noted that this has been loosely discussed and ultimately must be a Board decision. Alderman Curtsinger stated that the town is going to have to look at that. He added that everyone wants to turn their attention to Home Depot and he thinks the town is going to have to get some interest down there. Mayor Lothers stated that she has met with them on several occasions. She noted that she had typed up by-laws and other documents for this group and Mr. Jay Nelson is the Chair of this Association. She added that she has met with Williamson County Tourism and thinks everyone is on the same page with this endeavor. Mayor Lothers noted Alderman Alexander has expressed interest in the Historic area and Alderman Thomas’s service on the Historic Zoning Commission, that the town is in touch with the Economic Development and everyone is keeping our ears open. Alderman Curtsinger stated that something needs to be addressed down there, if it is a public health issue. Counsel Notestine stated that part of the survey work is topographic work to show how sewer would flow. He noted that his understanding was the first step. Mayor Lothers said that it appears the board is in favor of this issue. Alderman Curtsinger thinks the town should look at it as long term.
 
The meeting adjourned at 8:47 p.m. by acclamation.
 
Respectfully submitted, Approved,
 
 
 
Cindy Lancaster                       Beth Lothers
Town Recorder                        Mayor
2008-01 BOMA
Town of Nolensville
Board of Mayor and Aldermen Meeting
Date: January 3, 2008, 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 18 citizens present.
Reverend Alfred Bennett delivered the prayer, and led the Pledge.
Citizens Input:
Reverend Alfred Bennett, 7286 Nolensville Road, A Home Place Bed and Breakfast, stated that he thought he had heard something about a gun ordinance and how many acres you need to have to target practice on your property. Reverend Bennett stated that most people have the mentality that no one should tell you what to do on your property. He stated that when he was a child he was shot in the leg by a B-B gun. He also stated that a child lost his eye due to a B-B gun accident. Reverend Bennett stated some mischievous activity had taken place behind his home at the creek on Halloween. He ended by telling the board the last thing the town should allow is to shoot a gun in the town limits.
Mr. Harold Shafer, 2030 Williams Road, stated that he has lived there for 27 ½ years. He further stated that when he first moved there he could target shoot and hunt on his property. He said that he did not see why he shouldn’t be able to continue to do that. He told the board that he was all for safety and everyone should be careful. He further stated that he thought there was always going to be some people who are never going to be careful. He stated that his property was 200 feet wide and with this ordinance he has only a narrow strip down his property that he would be allowed to shoot a gun. He further noted at the location he had previously shot his gun on his property, no one was around. He added that he felt if the board was going to have an ordinance to limit it to two acres or less and leave the rest up to the state laws.
Mr. Gardiner Jones, 700 Cromwell Court, stated that he was not here to be antagonistic to anyone on the board, but he did have strong feelings in regards to the discharging of firearms ordinance. He noted that he was not opposed to have an ordinance to control firearms, but he believes the current ordinance is not sufficient. He stated that it should account for proper firearms. He added that he did not think a $50 penalty would thwart someone from shooting a gun. Mr. Jones stated that he would not want someone to shoot carelessly into his backyard. He handed out a sample ordinance and ask that the board review this document. He further asked the board not to pass something just to get it on the books.
Mr. Jerry Lawson, 2410 Rocky Fork Road, stated that when he first heard about this ordinance he thought it was very laughable. He stated that currently there are sound ordinances that were passed that cover the sound of a gun. He stated that people have to be responsible. He stated that he feels the board is passing ordinances that are already there.

Ms. Paulette Sullivan, 7171 Nolensville Road, stated that on New Years Eve fireworks were discharged in addition to the shooting of guns across the road from her home. She stated that she hoped this ordinance would cover situations such as this. She noted that there are residential rental properties on Nolensville Road and she feels these residents really do not care. She added that people have been doing target practice on the Yazdian property. When this was done the guns were directed at the elementary school. She stated that she was in favor of bearing arms and the ability to protect your property. She noted that she resided it a commercial zone and people should have concerns for the residents in this area. She said that she was in favor of this ordinance.
Alderman Dugger made a motion to approve the minutes from December 6, 2007 meeting. Alderman Alexander seconded and the minutes were approved unanimously.
Mayor Lothers made a motion to approve the November Treasurers report, Alderman Dugger seconded. This report was approved unanimously.
COMMITTEE REPORTS:
Mr. Henry Laird reported for the Planning Commission.
  • Phase four of Bent Creek was approved
  • A Zoning Amendment were approved in the CR Zone
  • A Zoning Amendment was approved in regards to uses in OI Zone
Alderman Ken Thomas reported for the Historic Commission.
  • There was no meeting/report
Fire Chief Presley Hughes reported for the Nolensville Volunteer Fire Department.
  • Distributed written percentages for the quarter
  • There was a decline in fire calls due to ban being placed on burning
  • Medical and Alarm calls have increased
  • Community Enhancement Grant of $6,250 was awarded to the department
Planner Henry Laird reported for the Planning Department.
  • Noted some commercial projects would be presented next week
  • Cathi Little will be assisting in the Planning Department
Engineer Don Swartz reported for the Engineering Department.
  • Distributed a written report to the Board
  • $25,000 was allocated for road repair
  • Clovercroft Road is being reviewed for minor repair
  • Oak Creek Drive is in the process of being repaired by the Developer
  • Determination of Hyde Lane being a public or private road is ongoing
  • York, Williams, Sunset and Kidd Road striping is being reviewed
Police Chief Paul Rigsby reported for the Police Department.
  • December written statistics were distributed to Board
  • Officers have completed all training
  • Officer will be attending free training in Mississippi
  • Restructuring of Department – one officer will concentrate on traffic
  • $1,250 Community Enhancement Grant was awarded to Department
Mr. Bob Hayes reported for the Public Works Department.
  • No report. Asked if Board had questions – there were no questions
Mayor’s Report:
a.
Rocky Fork Road realignment
Mr. Bobby Garland, Florence and Hutcheson stated that the weather has turned bad and this has affected progress. He noted that the project has been shut down until spring. He stated that banks and slopes have been temporarily seeded. The contractor is doing general work in other areas. Mr. Garland stated that if the contractor comes across rock he would like to place it on Rocky Fork. He noted that there have been two issues that are currently being dealt with. He noted that some of the asphalt binder mix material was deficient. He stated that the contractor agreed, corrected the deficiency and the retest was good. Mr. Garland stated that the concrete strength on the deck bridge is lower in strength than required by contract. Mr. Garland reiterated to the Board that the bridge is structurally sound. He explained that with an added strength a tighter concrete mix is formed. He stated that there is a tighter mix, but it is structurally sound. He noted that the same formula is being used that TDOT uses. Mr. Garland stated that there will be approximately a $23,000 reduction.
Mr. Garland noted that the progress of Rocky Fork Road is now driven by the weather. He added that generally in mid March the putting down of rock may be initiated. Mayor Lothers inquired about erosion control and clarified that John Strasser would be continuing to perform these inspections while the road was in its current condition. Mr. Garland stated that Mr. Strasser has been performing these on his own, although if he needs Florence and Hutcheson they will assist him in anyway.
Alderman Curtsinger asked what the difference was in regards to durability compared to what it should have been and what it is now. Mr. Garland stated that he really could not say, although the sets were 3895, 4345, 3525, 3090, and 3305. Alderman Curtsinger asked what would be the first sign of deficiency, would there be cracking. Mr. Garland noted that all concrete cracks. He added that the less permeable it is it allows rock and moisture to seep down.
Alderman Curtsinger asked if the town would be looking at repairs at an earlier date. Mr. Garland stated that more of it depends on the weather. He stated that if there is snow and ice and you have to put salt on the bridge that effects concrete the most, although he could not predict that. He stated that five years from now you may not have any damage. Alderman Curtsinger stated that there should be an answer out there. Mayor Lothers asked Mr. Garland should the Town use precaution and treat the road with another solution other than salt. Mr. Garland noted that there is a product called black beauty that could be used or sand could be used which is better than salt on concrete. Mayor Lothers inquired about how the reduction is calculated. Mr. Garland stated that based on the contractors number the deck was (by memory) estimated $78,000 and it was about $400 a cubic yard with a $23,000 reduction. He stated that is approximately a third. Mayor Lothers asked Mr. Garland to explain how the process worked. She noted that it appears some of the testing met the requirements and some did not. Mr. Garland noted that two sets of the test exceeded the requirements; one set was approximately 500 lower than the requirement in addition to one about 900 lower. He stated that while talking to the supplier, he is of the opinion that the lower test is due to air. He explained the process noting that the test was performed from the concrete truck allowing into the test mechanism.
Mayor Lothers commended Mr. Garland and Mr. Swartz for their hard work on the road.
b.Request for proposals – Signalization Engineering
Town Engineer Don Swartz addressed the board noting that they had a copy of the Engineering proposals for signalization. Mr. Swartz stated that the three proposals had representation tonight so that they may answer questions from the board. He noted that
Mr. Stan King with Florence & Hutcheson, Mr. Bob Murphy of RPM and Mr. Tom Clinard with Clinard Engineering was in attendance.
Mr. Swartz told the board that he was not prepared to recommend any firm, although he would hire any of the three noting that they are all very capable.
Mr. Bob Murphy addressed the Board noting that his firm did not provide a line item for inspections, although they would do so. He noted that the reason this was not done was due to the level of inspection not being specified. He noted that they felt that it should not exceed $9,000, therefore that total was given. Mr. Murphy stated that he would be glad to answer any questions that the board may have.
Mayor Lothers asked Mr. Clinard that he may want to make a clarification. She stated that it was her understanding that a construction inspection could mean different things to different people. Mr. Clinard stated that is correct. He noted that it could mean weekly or daily inspections. Mr. Clinard stated that his firm looked at it as a full-blown inspection, versus a TDOT inspection.
Alderman Curtsinger asked if this was presented to each of the firms in the same form. Mr. Swartz noted that the town received the first proposal from Florence & Hutcheson. He cleared out the cost and the other firms filled in the blank. Alderman Alexander asked if any three of these firms could provide these services. Mr. Swartz stated yes. Alderman Alexander clarified that the board has three firms that can perform the job, although the three costs are different. Mr. Swartz stated that was correct although Mr. Clinard explained his caveat.
Alderman Thomas asked from the engineering perspective are they all three equal. Mr. Swartz stated that he felt they are all on a level playing field. He added that he would not hesitate to work with any of the three firms.
Alderman Alexander addressed Counsel Notestine noting that he had worked on several occasions with a relative of one of the applicants. He asked if he should recuse himself from the vote. Counsel Notestine stated that he was not hearing that Alderman Alexander had any “business” with any of these companies. Counsel added that if he felt more comfortable by recusing himself than he may want to do that.
Alderman Thomas noted that it makes it hard, due to one not bidding on an inspection at all and one who bid on the excessive side. He stated that it appears the board has to choose between apples, oranges, and bananas. Alderman Curtsinger stated that he would feel more comfortable if they were sent back and present a corrected, more accurate document.
Alderman Alexander asked if the board should let these three go back and compile the information that is needed. Mr. Swartz stated that if the board would prefer the town could make a request by a formal bid.
Mr. King stated that he had worked with the town and knew what the town was in need of and therefore were able to define the proposal amount. He added that he felt it would not be fair to go back, due to everyone has viewed the proposal amounts. He stated that his proposal would probably not change.
Mayor Lothers stated that she sees a little difference in the time frame. Mr. King stated that there are several footnotes in the schedule with their understanding of the proposal and past experience with these types of projects. He noted that the construction is for a simple signalization, if the town is using decorative post then that would take more time. He asked the board to not only look at the final dead-line, although also look at the footnotes.
Alderman Dugger asked what all does these proposals entail. He asked if it was for the design of the signalization. Mr. Swartz stated that is correct in addition to the turn lanes and road way accommodation. Alderman Dugger noted that in one proposal it has contract bidding and award. Mr. Swartz stated that would be for the administration of the bid.
Mayor Lothers stated that on two documents they are basically the same and very similar. Mayor Lothers asked Mr. Swartz if he felt that there was any additional information that the town could give these firms. Mr. Swartz stated that the only question would be Mr. Clinards scope of services, although they never brought this question prior to submitting the proposal. He stated that he was not sure what else he could provide them to bring any further information to the table. Mayor Lothers stated that in regards to the time frame she knew the holidays may have played a role in the submission of the proposals. She added that she would be willing to call a special meeting, but she would hate to wait another month. Mayor Lothers noted that she felt all three are really fine firms.
Alderman Thomas noted that you consider the $9,000 from RPM, then there are two bids that are very close and then Clinard is approximately $40,000. Alderman Curtsinger stated that it appears the only difference is in the inspections. He noted that Florence & Hutcheson has come in with a number, RPM did not put a number, and the third guy did not put in a number. Mr. Swartz stated that RPM stated in the cover letter that they could give hourly rates. Counsel Notestine stated that he keeps hearing the word bid. He wanted to clarify to the board that these are proposals not bids. The bid process is a different process.
Mayor Lothers made a motion to approve Florence & Hutcheson, Alderman Dugger seconded. Alderman Curtsinger stated that he felt there should be some more understanding.
He stated that Florence & Hutcheson does not seem to understand elevations and right of way acquisition.
Mayor Lothers stated that Alderman Curtsinger was incorrect. She clarified that there are design engineers and surveyors involved with the project apart from Florence and Hutcheson. She noted that Clifton and King was the engineer for the road and the bridge strength has to do with the concrete company. She further added that the right of way issue had nothing to do with Florence and Hutcheson, but rather a party who dedicated a right of way they did not own. Mayor Lothers asked Alderman Curtsinger if he would like to be blamed for something that he did not do.
Alderman Curtsinger stated that the board had 10 minutes to look at the Rocky Fork Road realignment bid that was 300 pages. Mayor Lothers stated that is not correct. She said that the Town Engineer got these documents to the board in advance.
Alderman Dugger stated that Florence & Hutcheson is overseeing this project and they are the ones who are catching these problems. He stated that you can’t hold the firm overseeing the project responsible for these errors.
Alderman Curtsinger inquired if the town is going to pay someone $43,000 to design the signalization.
Alderman Dugger stated that the board is selecting a company to design the signalization to TDOT standards. He stated that whoever is given this proposal will perform the design. He stated that Florence and Hutcheson did not design the Rocky Fork Road realignment, they are overseeing the project.
Alderman Thomas stated that this is a different project and the board needs to keep that in mind. Alderman Dugger noted that they have submitted a complete proposal document. Alderman Thomas stated that he understands the town has a hard fast date once Rocky Fork is completed. He stated that one thing about keeping the project moving is there will be some close proximity to both projects opening at about the same time. He stated that he knew there were a lot of factors. Mr. Swartz stated that he did not think the town would see the completion to coincide with each other.
The vote was taken with Mayor Lothers, Aldermen Dugger, and Thomas for, Alderman Curtsinger abstained, and Alderman Alexander recused himself. Florence and Hutcheson proposal was approved by majority.
c. Other
Mayor Lothers noted that she had attended a grant funding seminar. She stated that a second seminar was held regarding growth and water challenges. She noted that Mayor Rogers Anderson hosted this seminar.
Second reading of ordinance 07-22, an ordinance to amend the Zoning Ordinance 04-09, in regards to the National Flood Insurance Program. Alderman Dugger stated that this is to clean up language to allow the town to participate in the Flood Insurance program.
Alderman Dugger made a motion to approve this ordinance, Alderman Alexander seconded, and this was approved unanimously.
Second reading of ordinance 07-23, an ordinance to amend Title 11, Chapter 5, of the Municipal Code in regards to Firearms.
Mayor Lothers thanked the citizens for their input. She distributed copies of the ordinance samples from other municipalities, firearms ordinance research document, the TWRA law, Brentwood’s ordinance, and an ordinance from Port Angeles in Washington State submitted by Mr. Jones. She ask the board if they would like to have a workshop due to the number of documents that have been distributed this evening.
Counsel Notestine noted that a gentleman earlier stated that the town should fine more than $50. He clarified that under the State Constitution the town is only allowed to fine $50.00. He stated that he wanted to make sure that this was clear to the board.
Alderman Alexander stated that you can look on the internet all day long and see different ordinances addressing firearms.
Mayor Lothers ask that Mr. Bob Hayes demonstrate 100’, so that the board could have an actual visual on this length. She noted that TWRA is not 100’, although 100 yards. Counsel Notestine stated that he was surprised at Nashville’s ordinance. He stated that they have different districts and different rules apply to each of those areas.
Alderman Thomas said that one thing is apparent; it would be helpful to have some definitions. He noted that he recalled Alderman Curtsinger had mentioned this last month and he thinks it was a good suggestion and would help the board move forward.
Alderman Alexander stated that he had gotten a firearms definition off of the internet. Alderman Thomas read the definition.
Alderman Curtsinger stated that he had an email from one of the persons that had initiated the complaint. He stated that this incident had occurred at 2:00 a.m. Alderman Curtsinger asked why the offenders weren’t cited.
Mayor Lothers stated that she had spoken with six different families and she has heard several different stories. She said that she had heard a cat was shot, in addition to hearing of a separate incident of a target practice.
Alderman Curtsinger said that he was told when the offender was approached he flashed a weapon in front of the police and nothing was done.
Counsel Notestine stated that he was not aware of any of these incidents. He stated that when this issue came up, he was told that when the police arrived there was no noise.
Alderman Thomas stated that he thinks the board should step back and look at a larger picture. He stated that he felt this ordinance was not just taking care of one situation, but a broader view.

Alderman Dugger stated that two citizens, Ms. Sullivan and Reverend Bennett, shared concerns that had occurred recently.
Alderman Thomas stated that maybe a workshop is necessary in addition to definitions being very beneficial.
Alderman Alexander stated that last month there was discussion of this occurring in Ballenger Farms. He stated that it was hard for him to believe that citizens could not call the police and they come out and do something. Mayor Lothers stated that the Police Chief has conveyed to her that currently they do not have enough authority to enforce something like this.
Counsel Notestine stated that if there isn’t an ordinance the town cannot hear it in Nolensville court. Alderman Thomas asked if someone has a target and its not reckless endangerment, but it shoots a car going down Nolensville Road, isn’t that reckless endangerment.
Mayor Lothers stated that she feels if this many people have come forward, something needs to be done. Alderman Curtsinger stated that this ordinance is penalizing everyone. He stated that the town is penalizing people who live on large lots. Mayor Lothers stated that she disagreed. She stated that if the board did not care about the rural citizens and larger lots we wouldn’t be here tonight trying to come up with a compromise.
Counsel Notestine stated that the board may want to look at discharge areas and non-discharge areas. He noted that he remembered previously when this came up; the people on the large lots were against it.
Alderman Alexander stated that he thought about identifying all the subdivisions that have been approved, then Ms. Sullivan shared her concerns and this was not in a subdivision.
Mayor Lothers stated that she had a property owner in the Historic area, that said when someone is shooting they have to be mindful that their grandchildren are not out. She asked Ms. Sullivan if there was something that dictated a certain number of feet would that assist her situation. Ms. Paulette Sullivan said that her concern is that there are people that have no regard whatsoever. She noted the various businesses within the area and the rental houses adjacent to the business, in addition to the close proximity to the school and they are doing target practice. She said that she is concerned, and there should be some type of ordinance. She added that currently our Police Chief cannot do anything and our neighbor was doing target practice at 1:30 a.m.
Mayor Lothers recommended that the board take time to digest this, then come back and hold a workshop to hash this out. Alderman Dugger stated that the board has a lot of information that can be reviewed. He added that the board wants to be respectful of the people who have ten acres, and maybe we need an out if you have permission from a neighbor.
Counsel Notestine stated that blank cartridges and theatrical cartridges are listed on one of the samples and he had not thought of that form of weapon.
Alderman Alexander stated that maybe the board should appoint a committee to work on an ordinance that would be acceptable. Alderman Dugger stated that he felt what ever the board passes should be good for the next several years.

Mayor Lothers made a motion to defer to second reading to next month and hold a workshop session prior to that meeting, Alderman Thomas seconded. Alderman Thomas stated that in light of Alderman Alexander’s recommendation and to have some accountability, the board members should read these documents, do some homework on what we think, and what other people have brought to us. The vote was taken and this was approved unanimously.
Second 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. Alderman Dugger made a motion to approve this ordinance, Alderman Thomas seconded.
Alderman Curtsinger asked for clarification on fees for the Home Depot that is anticipating coming to Nolensville. Mr. Michael blanks, Building Official, addressed the board, noting that due to the various permits there was not a clear cut answer to that question.
Alderman Curtsinger asked what the building permit fee for the Yazdian property was. Alderman Alexander stated that he thought with everything it was approximately $60,000. Mr. Blanks stated that he thought it was approximately $68,000. Alderman Curtsinger asked if the town had any buildings that would cost over $5,000 for plans review. Mr. Blanks stated no, that he did not see where we would have anything that would exceed the town cost of $5,000.
Alderman Curtsinger then asked why the town is passing this ordinance. Mr. Blanks stated that currently if a building permit cost $40,000, a plans review would cost $20,000 and this is extremely excessive.
The vote was taken and this passed unanimously.
Second 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 pass this ordinance, Alderman Alexander seconded. Alderman Dugger stated that this is basically a clean- up ordinance. He noted that Mr. Blanks brought this to him and Chief Hughes is in favor of this ordinance.
The vote was taken and this passed unanimously.
First reading of ordinance 08-01 an ordinance to amend the zoning ordinance 04-09, in regards to permitted uses in the office industrial (OI) district as it pertains to religious institutions and animal boarding facilities. Mayor Lothers made a motion to pass this ordinance, Alderman Alexander seconded.
Planner Henry Laird noted that he had distributed a memo that explained this ordinance. He briefly went over the ordinance.
Alderman Dugger stated that he was concerned that a lot of buildings in OI may not be built to hold a large number of people. He stated that he has concerns on how the town is going to make sure that they comply.
Mr. Blanks stated that Alderman Dugger’s concerns are valid. He noted that the town has Codes and Fire safety issues with an assembly.
Counsel Notestine stated that all codes with fire and safety would still have to complied with. He said that this is saying that it can go into that particular zoning, not that it does not have to follow the town’s building code.
Planner Laird noted that currently in the OI a church could not be housed in this zoning. He stated that this ordinance is only allowing this use. He reiterated that they still would have to go through the site plan process, in addition to meeting all codes.
Alderman Dugger asked at what part of the process do they come to us and get a permit. He noted that currently there is a church meeting in that zoning and they have not gone through the permit process.
Counsel Notestine stated that he thinks traditionally cities have allowed churches in every zone.
Alderman Dugger stated that he wanted to make sure the town has the tools in place to make sure that the Life and Safety codes are met. He referred to the church that is currently being held in the Recreation Center. He asked if they are abiding by the code. He also inquired about parking issues. Alderman Thomas stated that they must abide by the rules in regards to safety.
Alderman Curtsinger inquired to grocery stores, gasoline sales, or retail sales being allowed in the OI zone. He noted that the town beer ordinance does not allow churches to be within a certain number of feet from establishments selling beer. Planner Laird went over the various businesses that can go into the OI zone. Alderman Curtsinger noted that the most recent BP station, “In and Out” would not have been allowed if a church was in that area.
Counsel Notestine stated that this was discussed briefly at the Planning Commission meeting. He noted that it would be on a first come first serve basis. He noted that Adult Entertainment is in the same situation.
Planner Laird noted that you are not denying any use. The vote was taken and this passed unanimously.
First reading of ordinance 08-02, an ordinance to amend the zoning ordinance 04-09, in regards to lighting standards and wall sign limitations. Alderman Alexander made a motion to pass this ordinance, Mayor Lothers seconded.
Mayor Lothers noted that Mr. Laird had distributed a memo in detail explaining this ordinance. Alderman Alexander clarified that this is in relation to a sign on a building. Mr. Laird stated that is correct, with the scale it will allow more signage area.
Mr. Laird discussed this in regards to parking and how the sign would relate. He discussed the lighting and the height. He noted that 40’ was placed in the ordinance; although he noted that it may need to be reviewed and 35’ maximum be placed. He stated that the Planning Commission will have some flexibility now, but there is a strict height requirement.
Alderman Dugger asked in regards to lighting if there was anyway the first several rows may have more traditional lighting. Mr. Laird read a section that reflects the changes in the parking area lighting. He stated that the Planning Commission will still be reviewing the site plan and looking at the whole picture.
Alderman Dugger made a motion to amend from 40 feet to 35 feet maximum, this motion died for a lack of second.
Alderman Curtsinger inquired about the sign size. Mr. Laird stated that the town was informed that we were too restrictive in terms of scale. He noted that the Planning Commission was recommending keeping the restrictions on signage out front.
Alderman Curtsinger inquired about the lighting and disturbance to the residential area. Mr. Laird stated that it should be friendlier in addition to the style matching the subdivision. He noted that it would have more of a traditional look.
Alderman Dugger stated that the town has a 50’ maximum. He clarified that a building 100,000’ long could have a 1,000 foot sign. Mr. Laird stated that they will probably have smaller signs.
Alderman Curtsinger asked if the size really mattered. He noted that in Colorado they have McDonald’s arches on a mail box and everyone finds it. Alderman Alexander stated that next week, plans will be distributed so that staff will know how it is going to look.
The vote was taken and this ordinance passed unanimously.
.
The meeting adjourned at 9:33 p.m. by acclamation.
Respectfully submitted, Approved,
Cindy Lancaster                Beth Lothers
Town Recorder                  Mayor