March 2020 Council Meeting Minutes

Call to Order – 6:30 p.m.

Attending:  Mayor Jan Webster, Council Members – Dusty Durst, Thomas Gary, Lamar Watkins, Mike Barfield, City Clerk – Debbie Fontaine, Mainstreet News – Charles Phelps, City Attorney-Jody Campbell – By Phone for 30 minutes.

Pledge of Allegiance – All

Minutes: Dusty motioned to approve the January 6, 2020 Council Meeting Minutes; Mike seconded.  All were in favor. Motion Approved.

Financials: Mike motioned to approve the January & February 2020 Financials; Dusty seconded. All were in favor. Motion approved.

NEW BUSINESS:   

Vote – Variance # V-20-01 – Linda O’Reilly – Linda O’Reilly applied for a variance to expand the non-conforming use of her current hair salon.  The salon was operating as a non-conforming use based on the business being in operation since before the city adopted zoning in 2009-2010. Ms. O’Reilly moved a trailer onto her property without seeking permits to do so.  Initially a complaint was submitted to City Hall by her next door neighbor, Mike Smith.  The option to resolve the issue of trying to expand without permission was addressed by allowing her to apply for a variance to the zoning ordinance; this would allow her to expand the non-conforming use. 

The Planning Consultant-Jerry Weitz, made his recommendation to deny the variance before the PC meeting.  On 02/27/2020 the Planning Commission met and also recommended denial.  Today on 03/02/2020 Nicholson City Council were asked to make a motion that would approve or deny the variance.  Mike Barfield motioned to deny the variance request; Dusty Durst seconded.  A vote was taken; Thomas Gary, Mike Barfield and Dusty Durst accepted the motion, Lamar Watkins voted against.  Motion was approved to deny variance.

Increase in Scholarship Fund: Mike Barfield motioned to increase the East Jackson Scholarship Fund from $1000 to $2500; Dusty seconded.  A vote was taken and two were opposed-(Lamar and Thomas). In the case of a tie the Mayor votes to break the tie. Jan voted against the increase in Scholarship Fund.  Motion was defeated by majority vote.

OLD BUSINESS:

Municode – Mike motioned to move forward with allowing Municode to codify our Code of Ordinances; Dusty seconded.  A unanimous vote was taken; motion passed.

MAYORS REPORT:

  • Jan thanked everyone for attending council retreat and reminded all of a few things that were discussed:  More sidewalks, gateway sign coming in and out of the city,  Street beautification, and more lighting as well as continued Splash Pad planning.
  • Jan notified council members that there is a Roundtable Meeting on March 12th in Pendergrass and that all would need to RSVP at their earliest convenience.

LIBRARIAN’S REPORT:    (Per Manager Notes)

  • Bandit
  • Mardi Gras-around 30 people attended
  • Pop up Library at the middle school
  • Story Time at EJES and SJES pre –K and Candy Castle
  • 14 passports were issued for the month of February

March-

  • Bandit
  • Children’s World Culture Fair
  • Pop UP Library at the middle school
  • Story Time at EJES and SJES pre-K and Candy Castle

Currently preparing for the Daisy Festival and Summer Reading Program

Handouts: Bandit March and Children’s World Culture Fair

CITIZENS REQUESTING TO SPEAK –  

Linda O’Reilly asked if there was an alternative to the motion made today to deny her request. The Mayor informed her that she will need to discuss with code enforcement. Ms. O’Reilly conveyed her disappointment in the cities decision.  She also asked if the city would make the same decisions regarding Nicholson Code Enforcement for the areas in Nicholson that have fallen under code (naming several areas).  The Mayor let her know that the city is in the process currently of dealing with many of the areas that she mentioned.  Thomas Gary also reiterated the same information, and that court proceedings have taken place on many of the individuals (land and property owners) and areas she pointed out.

Ms. O’Reilly then asked if there was any recourse for using the building for storage or rental since she put money into it.  The Mayor answered no mam, the building is not permitted for such.  After explanation as to how zoning and permitting works in Nicholson and why the city chose to adopt zoning, Jody Campbell-City Attorney spoke up via cell phone and informed Ms. O’Reilly that the Mayors explanation is correct.  He also stated that as far as permissive uses and how you can use it (the trailer), the most productive direction she could take would be to ask zoning, and code enforcement personnel. Jody mentioned Tarsha-Code Enforcement, Debbie Fontaine and Jerry Weitz-Planning Consultant to answer her questions and discuss her options.

Adjournment: Mike motioned to adjourn; Thomas seconded. Motioned approved. Meeting adjourned at 6:50PM.

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