Council to reconsider mask rules this Thursday
The Nashville Town Council will discuss masks again at the Thursday, July 16 meeting.
Last time this topic came up, in May, the council decided to recommend masks in public places in town, but did not pass any ordinance. Individual shop owners in Nashville have decided what procedures they want for their stores.
Given the recent uptick in positive COVID cases statewide, the council would like to have some feedback, said Strategic Direction Adviser Dax Norton. The Brown County Democrat made a post on our Facebook page on Friday night on which people have been commenting for several days.
A couple versions of new wording are being considered, Norton said: requiring masks where social distancing is not feasible, or requiring masks where posted by shop owners.
This would apply to Nashville only, not elsewhere in the county, as the town council only has jurisdiction in the town.
The town council discussion will begin at 6:30 p.m. Thursday on Zoom. The meeting link and agenda can be found at townofnashville.org/town-council.
Indiana does not have a statewide mask ordinance, but some counties have chosen to put them in place, including Marion. Kentucky and Michigan recently passed statewide mask ordinances, with some exceptions. Last week, Michigan’s governor strengthened her order, saying that customers who refuse to wear a face mask must be refused service.
Town council taking input on noise ordinance
The Nashville Town Council has decided to solicit comments about the town’s noise ordinance — whether they support it, or whether they have suggestions on how to improve it.
The ordinance was passed in 2012 under a council of mostly different members than the ones in office now. Council member Anna Hofstetter, who was elected in 2018, has been asking the council to review it for several months.
Last fall, five residents went before the council to complain about music noise from Hard Truth Hills. Since then, residents have been asked to call local police if they have a noise concern, and Hard Truth Hills has taken steps to better control the concert sounds coming from its patio including installing soundproofing and hiring a public events producer to keep an ear on the sound level.
Town Attorney James T. Roberts worked to write this ordinance back in 2012 with a group of residents, a process that took several months. It started with concern about motorcycle noise, but eventually encompassed all types including music.
Roberts said he never really liked this ordinance, especially the way it lumped music in with everything else. But, the way it is written, it is enforceable, he said. The process just needs to be followed.
Part of that process is that a person needs to make a complaint to the Nashville police, giving their name, address and phone number. An officer would approach the person or entity making the noise and ask them to stop if the officer believed there was a violation. If the maker of the noise chooses to not take any steps to quiet it after talking to the officer, that’s a violation, Roberts said.
“It’s very unique in a lot of ways in that it is, No. 1, based on intentional acts. Nobody violates the noise ordinance just by making noise,” he said.
Different rules apply for business zones and residential zones. In a residential zone, if your neighbor can hear what you’re playing or doing, it’s too loud. In a business zone, if the sound can be heard 25 feet from the property boundary, it’s too loud, Roberts said.
Nashville Chief of Police Ben Seastrom said he hadn’t received any recent noise complaints.
Hofstetter said she’d like to see “a structure (created) in which we have a harmonious environment for our residents and our businesses.”
Most often, when she personally receives complaints about noise in town, they’re about music. Hofstetter said she’s told people to call police.
“I apologize if I’m going to offend somebody, but we’re in a community of musicians,” said council member Nancy Crocker.
Hofstetter said she believes the current ordinance is too strict, and that people don’t understand what their responsibilities are in this situation.
Roberts said he liked the idea of classifying music differently than other types of noise, which is what he wanted to do back in 2012. Council member Alisha Gredy agreed.
The current town noise ordinance can be read at townofnashville.org/ordinances. Scroll down to 2012 and click on “Ordinance 2012-14 Town of Nashville Noise Ordinance.”
Anyone with comments on the ordinance is asked to send them to council President Jane Gore at [email protected].
Town council extends president’s emergency powers
After some debate, the Nashville Town Council voted 4-0, with one other member abstaining, to extend the emergency powers of President Jane Gore until the council’s next meeting.
The council first gave Gore emergency powers on March 19. That declaration gave her the authority to prohibit or restrict the use and/or occupancy of all facilities and public properties the town owns; and “order any reasonable rules regarding the town’s employees, its assets and the public needed for the protection of such persons and assets.” Actions taken under this ordinance are “to protect the public safety, health and welfare of the town and its people, the public, its properties and all other assets,” the document read.
The council has had to vote to extend Gore’s authority or not at every meeting since March 19. At the June 18 meeting, council members Nancy Crocker and Anna Hofstetter questioned whether another extension was needed.
“Do you still think it’s necessary?” Hofstetter asked.
“Yes, it’s very necessary,” council member David Rudd answered.
Gore said that if there’s an uptick in virus cases here, she may have to close the public restrooms in town again. With emergency powers, Gore wouldn’t have to call a town council meeting first to do that.
Crocker said she also wasn’t sure about another extension. She brought up a decision that had been made without her knowledge — allowing a church to have an outdoor service at the public Washington Street parking lot — which she said made her feel silly to not know about when a resident had complained to her about it.
Town Administration Manager Phyllis Carr said that the church service wasn’t made under the emergency powers provision; it was a right-of-way request that she’d forgotten to mention at a full council meeting, so she’d just gotten permission for the two-weekend event from Gore and from Alisha Gredy, who is council vice president.
Town Attorney James T. Roberts said that the only decisions that Gore had made under the emergency powers provision were to close the restrooms and to restrict public access to Town Hall. The restrooms were later reopened.
“I don’t think she’s really making any big decision that’s going to change the whole concept of Nashville,” Rudd said.
Crocker said she’d just like to be kept in the loop if any decision was made without the full council.
The vote was 4-0 with Hofstetter abstaining, after a series of back-and-forths over the Zoom meeting, with some council members talking over each other. Hofstetter said that she felt like she’d been cheated out of discussion.
Town utility late fees waived for another month
Nashville Utilities customers will not be charged late fees for their June water or sewer bills either. The council voted 4-1, with President Jane Gore against, to waive late fees for a fourth straight month.
“Everybody I know is not back on their feet yet, so I’m all about whatever fees can be lifted,” said council member Alisha Gredy.
The town is prohibited from disconnecting any customer while the governor’s pandemic emergency declaration is in effect.
The council also voted to forgive loan payments that a handful of local businesses would have been paying to the town for another month. That money came from a grant the town received years ago, and it was intended to serve as a revolving loan fund for local business needs.
