Jimmy W. Alexander, Mayor
Tommy Dugger, Vice Mayor
Derek Adams, Alderman
Wendy Cook-Mucci, Alderman
Larry Felts, Alderman
Montique Luster, Town Recorder
Town of Nolensville
EXECUTIVE ORDER NO 1
WHEREAS, Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory disease that appears to occur through respiratory transmission, presents with similar symptoms to those of influenza, and can lead to serious illness or death, particularly in the case of older adults and persons with serious chronic medical conditions; and
WHEREAS, the Centers for Disease Control and Prevention has recommended that all states and territories implement aggressive measures to slow and contain transmission of COVID-19 in the United States; and
WHEREAS, on January 30, 2020, the World Health Organization declared a public health emergency of international concern related to COVID-19; and
WHEREAS, COVID-19 is frequently spread through close contact between persons and respiratory transmission; and
WHEREAS, on March 4, 2020, the first case of COVID-19 in the State of Tennessee was identified, and several additional confirmed or presumptively positive cases of COVID-19 have since been identified in Tennessee; and
WHEREAS, the spread and identification of additional cases of COVID-19 in Tennessee, and specifically the Town of Nolensville, is likely to continue, and therefore, taking proactive steps to prevent a substantial risk to public health and safety is paramount; and
WHEREAS, on March 11, 2020, the World Health Organization declared COVID-19 a pandemic; and
WHEREAS, on March 12, 2020, pursuant to the authority granted by Tenn. Code Ann. § 58-2-107, the Governor of Tennessee, Bill Lee, issued Executive Order No. 14, declaring a state of emergency to facilitate the response to COVID-19; and
WHEREAS, on March 13, 2020, the President of the United States, Donald J. Trump, declared a national state of emergency with respect to COVID-19; and
WHEREAS, as of March 20, 2020, COVID-19 has spread throughout the world, including 14,250 cases within the United States, 154 cases state-wide and 30 cases within Williamson County; and
WHEREAS, the Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004, Tenn. Code Ann. §§ 58-8-101 et seq., authorizes the mayor to declare a local state of emergency affecting such official’s jurisdiction by executive order consistent and in accordance with Tenn. Code Ann. §§ 58-2-110(3)(A)(v); and
WHEREAS, Tenn. Code Ann. §§ 58-2-110(3)(A)(v), among other things, authorizes the Town, upon the mayor’s declaration of a local state of emergency to waive certain procedures and formalities otherwise required of the Town by law; and
WHEREAS, the declaration of a local state of emergency may entitle the Town to cost reimbursement as provided in Tenn. Code Ann. §58-8-11; and
NOW, THEREFORE, I, Jimmy Alexander, Mayor of the Town of Nolensville, by virtue of the power and authority vested in me by the Town Charter, and other applicable law, including specifically Tenn. Code Annotated 58-2-110, and Tenn. Code Annotated § 58-8-104, do hereby declare a local state of emergency within the Town and order the following:
Section 1. To protect public health, the Town of Nolensville finds it is necessary for the Town to request assistance from the President, Governor, and the Tennessee Department of Health to address this public health emergency.
Section 2. All procedures and formalities otherwise required under the Nolensville Municipal Code or Tennessee law pertaining to the following are hereby waived:
a. Performance of public work and taking whatever prudent action is necessary to ensure the health,
safety, and welfare of the community;
b. Entering into contracts;
c. Incurring obligations;
d. Employment of permanent and temporary workers;
e. Utilization of volunteer workers;
f. Rental of equipment;
g. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities;
h. Appropriation and expenditure of public funds.
Section 3. All provisions of the Nolensville Municipal Code pertaining to emergency situations, including Title 1, Chapter 5, are hereby activated.
Section 4. The Mayor and his Designees are hereby authorized to request and respond to requests of aid from other jurisdictions.
Section 5. The Mayor is authorized to conduct the activities of the Town and to make all necessary decisions related to personnel and the day-to-day needs of the Town. The Mayor shall also have the authority to administratively suspend permits issued by the Town when it is deemed to be in the best interest of the health and welfare of the citizens of Nolensville. The Mayor shall report to the Board of Mayor and Alderman at least weekly.
Further, whenever possible, decisions regarding Town services shall be shared with the public through the Town website and other means as deemed appropriate by the Mayor.
Section 6. The Town shall, to the extent possible and provided by law, follow CDC guidance as it relates to COVID-19. Town approved events through the month of March are hereby cancelled or postponed.
Section 7. Based on the proclaimed emergency, the Mayor strongly urges those establishments whose primary business is alcohol service or food service (other than pick-up, delivery, or drive-through service) within the Town of Nolensville to close for on-site consumption, effective at midnight on March 21, 2020 and shall remain in effect until this Order is withdrawn. Nothing in this order shall be intended to prevent pick-up, delivery, or drive-through service.
Section 8. Based on the proclaimed emergency, the Nolensville Beer Permit Board will be enacting an emergency regulation allowing restaurants and breweries to apply for a new beer permit to deliver and sell beer curbside and to go in sealed containers. There will be no application fee. Prior to any off-premises sales being conducted, the Permittee must request a temporary "on/off" sales permit by contacting the Town Recorder via emailed at email@example.com and provide the following information:
a. Name of Permittee;
b. Physical Address of the Permittee;
c. Email Address; and
d. Phone Number
Section 9. Based upon the proclaimed civil emergency, the Mayor strongly recommends all gyms and exercise and fitness facilities within the Town of Nolensville to close effective at midnight on March 21, 2020 and shall remain in effect until this Order is withdrawn
Section 10. Based upon the proclaimed civil emergency, the Mayor strongly recommends that residents within the Town of Nolensville refrain from meeting in groups of 10 persons or more which shall remain in effect until this Order is withdrawn.
Section 11. Notice of this Declaration will be promptly communicated to all members of the Board of Mayor and Aldermen.
Section 12. This Declaration is valid and effective immediately for a period not to exceed seven days and may be incrementally extended for additional seven-day periods as deemed necessary. Issued and ordered this the 21st day of March, 2020, pursuant to Tenn. Code Ann. § 58-2-110 (3), and Tenn. Code Ann. § 58-8-101 et seq.
Issued and ordered this the 21st day of March, 2020, pursuant to Tenn. Code Ann. § 58-2-110 (3), and Tenn. Code Ann. § 58-8-101 et seq.
TOWN OF NOLENSVILLE, TENNESSEE
APPROVED AS TO FORM:
Robert J. Notestine III