Nicholson Council Meeting Minutes
Monday, May 4th, 2026
6:30 P.M. Community Center
Attending: Mayor Steve T. Nichols, Mayor Pro Tem Mike Barfield, Council Member Thomas Gary, Josh Burkhalter, City Attorney Jody Campbell, Finance Director Glenda Cantrell, Public Works Director Doyle Samples, Library Manager Rhonda O., and City Clerk Irma Robles. For public assistance, refer to the attendance sheet. Not present: Councilman Lamar Watkins and Mainstreet Newspaper Representative Betsy Allen (Draft minutes emailed to Betsy Allen and Angela Gary on 5/5/2026).
CALL TO ORDER – Mayor Steve T. Nichols called the Council Meeting on May 4th, 2026, to order at 6:31 p.m.
PLEDGE OF ALLEGIANCE – Councilman Josh Burkhalter led the Pledge of Allegiance to the United States of America flag.
APPROVAL OF MAY 4TH, 2026, COUNCIL MEETING AGENDA: Councilman Thomas made a motion to amend the Agenda for May 4th, 2026, by adding to the end of New Business, the following item: City of Milton vs Chang. Councilman Josh Burkhalter seconded. There were no discussions, and all were in favor. The agenda was approved as amended.
APPROVAL OF APRIL 6th, 2026, COUNCIL MEETING MINUTES. Mayor Pro Tem Mike Barfield motioned to approve the Council Meeting Minutes on April 6th, 2026. Councilman Josh Burkhalter seconded. There were no discussions. All were in favor. The minutes were approved.
MARCH 2026 FINANCIALS: Councilman Thomas Gary motioned to approve the March 2026 Financials as submitted. Mayor Pro Tem Mike Barfield seconded the motion. Mike Barfield inquired about income item 34.9100, Cemetery fees, for $400.00, and Finance Director Glenda Cantrell responded that this is a partial payment for a cemetery plat that was sold. Councilman Thomas Gary inquired about expense item 52.2200 Repairs and Maintenance for $14,287.00, and Finance Director Glenda Cantrell responded that these are expenses for JG Simmons Heating and Air for John Deere Mini Splits and Park Pine straw. There were some questions about money that came in and out of the Sanitation pick-up service. Councilman Thomas Gary also inquired whether the Spring Clean Up disposal bill is included in this report, and Finance Director Glenda Cantrell responded that it will be included in next month’s report. Councilman Josh Burkhalter inquired about the Benton Center roof and whether the city has had any issues, and City Clerk Irma Robles responded that the Mission Construction team is inspecting it regularly and has found no issues. Councilman Thomas Gary inquired about the warranty period for the Benton Center roof, and City Clerk Irma Robles responded that she would check on this the next business day and email the Mayor and Council. There were no further discussions. All were in favor. Motion was approved. March 2026 Financials were approved.
- NEW BUSINESS:
Rezoning Application: Applicant, Joseph Olson and owner, Olson Investments, LLC, 368 Whitehill Lane, Commerce, Georgia 30529, have submitted a request to rezone +/-3.0 acres located at 5050 Highway 441 South, also known as Map & Parcel # N01 004. The request is for rezoning from the current TC (Town Center) District to the HB (Highway Business) District. Councilman Thomas Gary motioned to approve the rezoning application from Joseph Olson as written. Councilman Josh B. seconded. Mayor Nichols asked whether the council could include a stipulation that the front parcel be rezoned to HB as well to address the road frontage issue, since Mr. Olson, the same owner of both parcels, is unable to obtain a driveway easement for himself. Applicant mentioned that he had already initiated the rezoning application for the front parcel and had submitted it to City Hall. There were discussions about the rezoning process for the front parcel. All were in favor. The rezoning was approved.
Selection of Bid: 2026 Road Project: Mayor Nichols asked City Clerk Irma Robles to read out loud all the city roads that will be paved this year. Councilman Thomas Gary motioned to approve the bid from Garrett Paving Co for the amount of $751,697.99. Councilman Josh B. seconded. Councilman Josh Burkhalter suggested that, when paving the roads, engineers should ensure the paving company avoids large drops where two roads meet and the bumps it feels. Mayor: The city is changing the paving process this year by updating the specs to require feathering to allow for a smooth transition. Mayor Pro Tem Mike Barfield inquired about the location of Straton & Sons, and Councilman Thomas Gary replied that they are based in Danielsville, GA. There were also some discussions about the timeline for this project. There were no further discussions. All were in favor. Motion was approved.
NWA Funds Request for a Sonar Locator: Councilman Thomas Gary motioned to deny the request from the NWA, since they don’t have any more funds left from SPLOST 6, and city attorney Jody Campbell has strongly advised that SPLOST 7 is strictly for city facilities only. There was some discussion about a way to approve this request using General Fund funds. Councilman Josh B. seconded. Councilman Josh Burkhalter asked about the purpose of this device, and Mayor Nichols responded that it helps locate underground lines. There were no further discussions. Two were in favor. Councilman Mike Barfield opposed, 2 to 1. Motion was approved, and the request was denied.
Learning Tabletop for Library – Quotes: Councilman Mike Barfield motioned to approve the purchase of a 43’ Learning Tabletop for the Nicholson Library and utilize SPLOST 6-Library funds. Councilman Thomas Gary seconded. There were no discussions. All were in favor. Motion was approved.
City of Milton vs. Chang: City Attorney Jody briefed the Mayor and Council on the City of Milton v. Chang case.The case originated from a vehicle accident in which Mr. Chang’s car left the roadway and struck a concrete planter box located within the City of Milton’s right‑of‑way.Mr. Chang, who was a jail medical student, passed away as a result of the accident. His family filed suit against the City of Milton, alleging that the City failed to maintain the right-of-way, free from unsafe conditions.The jury ruled in favor of Mr. Chang’s family, finding the city liable and awarding $35 million dollars in damages.The City of Milton appealed the ruling to the Georgia Supreme Court, arguing that the city should not be held liable. The court reversed the decision, finding the city not liable and protecting it from any negligence claims arising from its failure to maintain all rights-of-way. City ofMilton asserts that cities cannot be sued for failure to maintain all rights-of-way, including obstructions, pavement conditions, sinkholes, or other impairments to use their pavement. As soon as you leave the travel way, the city has some discretion, and sovereign immunity would apply. They argue this falls under sovereign immunity and is not a valid basis for liability.Jody also explained a second theory that the jury latches onto:the nuisance theory, which allows liability if a city permits a nuisance to exist and fails to address it. This theory is traditionally made; it stems from a 1968 case out of Thomas County and is not a statute or constitutional waiver of sovereign immunity. The Georgia Supreme Court has issued multiple opinions over the years without ruling, questioning whether liability under nuisance exists and whether, if there is going to be a waiver of sovereign immunity, it must be very clearly done by the legislature or by the constitution, with votes by the people. The outcome of the appeal could affect all Georgia municipalities regarding liability for right‑of‑way conditions. The Mayor of Milton has contacted mayors statewide seeking unified municipal support through the Georgia Municipal Association (GMA). City Attorney Jody Campbell strongly suggested that the City of Nicholson sign and participate in the unified municipal response being coordinated through GMA, since the city’s participation would involve signing a document expressing the city’s collective position on the case. The Deadline to sign is in the middle of this month. Jody opened the floor for questions, noting that he would not go into the legal case details in depth. Mayor Steveasked whether mailboxes located in the right‑of‑way are considered obstructions and what role this plays in liability. Jody answered that it absolutely plays into this and that one of the arguments presented by the City of Milton. Councilman Thomas Gary asked about curbing along the roadway leading to the sidewalks, specifically whether curbing in the right-of-way is the city’s responsibility, who maintains it, and who is liable if an incident occurs. Jody explained that it all depends on the circumstances; assuming that the sidewalk is public, the city is responsible for maintenance. Liability depends on intent and the use of that particular curbing— for example, if a car hits it, the city would probably be okay because it’s off the travel surface for a vehicle, butif the sidewalk serves a public park and a pedestrian falls, the city could be held liable because a sidewalk is part of the pedestrian’s travel system. Thomas’ Follow‑Up: Councilman Thomas Gary asked about the Georgia Municipal Association’s (GMA) position. Jody stated that GMA is strongly supporting the City of Milton and is leading the coordination effort, though GMA is not directly involved in the litigation. Councilman Josh Burkhalter made a motion for the City of Nicholson to sign and participate in the unified municipal response supporting the City of Milton. Councilman Thomas Gary seconded the motion. Mayor Pro Tem Mike Barfield asked why the City of Nicholson should be involved in litigation concerning another city, and Jody explained that Nicholson could also face similar liability issues in the future involving right‑of‑way disputes. He noted that private disputes occurring on the right-of-way can become complex and emphasized that they are significant legal matters, with instances where the public has approached cities with cases like these. City Attorney Jody Campbell strongly recommended that the city support the effort. There were no further discussions. All were in favor. Motion was approved.
OLD/UNFINISHED BUSINESS: N/A
- LIBRARIAN REPORT
Library Manager Rhonda O’Keeffe
Nicholson Library had 2 programs in April. Both programs were held during the week of Spring Break. Both were well attended.
The Quilters had a “create your own owl” craft.
The library had Grady’s Reptiles.
The Friends of the Library are going strong. Their float won in the Daisy Parade. The Taste of Nicholson Cookbooks are in. The cookbooks are $15. The Nicholson Library sold them at their booth and will sell them at the Independence Day Festival. They are also available at the library. The Quilters and the library are still selling quilt tickets. There are two quilts this year. Tickets are $1 each, 6 for $5, 12 for $10, and 24 for $20.
Library Manager Rhonda O. visited SJES for our usual school visit. She spoke at the SJES PTO meeting and was out at International Night.
Upgrades to the library:
Nicholson Library Manager Rhonda O. is having a mural painted on the wall in the children’s section. She sent the information out to everyone via email.
Mrs. Rhonda is researching new furniture to replace the old.
The library’s first summer reading event is set for Thursday, May 28, at 11 AM. The program is put on by the East Tennessee Dinosaur Adventure.
Councilman Thomas Gary asked whether the library is participating in the Summer Feeding Program this year, and the Library Manager responded that the city has not yet received the check from Toyota. Library Assistant Sherri will contact them soon.
MAYOR’S REPORT:
Mayor Steve T. Nichols
-2026 Daisy Festival: The Mayor expressed appreciation to all employees, volunteers, and staff who contributed to the festival’s success. The mayor noted that the event was well‑supported and thanked everyone involved for their efforts.
-Mayor Pro Tem Mike Barfield suggested supporting Cabin Creek BBQ Restaurant in Nicholson and other local businesses.
CITIZENS REQUESTING TO SPEAK: N/A
Announcements:
*Next Work Session– Thursday, May 28th, 2026, at 6:30 pm
*Next Council Meeting – Monday, June 1st, 2026, at 6:30 pm
Thomas reminded everyone that the Events Committee will begin meeting next week. The committee will start planning the 2026 Independence Day Celebration, scheduled for July 3, 2026.
ADJOURNMENT: Councilman Thomas motioned to adjourn the May 4th, 2026, Council Meeting. Councilman Josh Burkhalter seconded the motion, and all were in favor. The meeting was adjourned at 7:22 p.m.
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Approved by City Clerk Irma Robles