Crossville council meetings return to 2nd Tuesday, work sessions return & public comment to front of agenda

After several months without work sessions, the Crossville city council made a number of changes to their meeting schedules returning regular meetings to Tuesdays as well as moving time for public comment to near the start of the council meetings.

Crossville city council: L-R J.H. Graham, Danny Wyatt, Mayor James Mayberry,

Pamala Harris and Scot Shanks 

Councilman Danny Wyatt lead the discussion and moved to change the council's standing rules to reinstate work sessions on the first Tuesday of each month with the council's regular meetings returned to the second Tuesday of each month.

In addition the council agreed to move the time of public comment that has been at the end of the council meeting to near the front of the council meeting. This change would give citizens a chance to address the council before they take an action during the meeting rather then reacting to an action after the decision has been made. The time of public comment would follow the time of proclamations and presentations on the council's regular agenda.

Crossville city council discusses meeting changes.

The change of the meeting date as the change to the comment are required to be made using an ordinance that will require two additional meetings while the reinstatement of work sessions is done by resolution to approve the council's standing rules and only requires approval a single time.

All three of the actions were rolled into a single action and the council approved all the changes in a single unanimous vote.  

Souza unsuccessfully tries again to reverse standing rules--says he will keep placing on agenda as long as he's in office

For the third month in a row Mr. Souza requested to have an item on the agenda proposing to rescind the standing rules adopted March 10, 2016 that abolished monthly work sessions and ended public comments during an agenda item. When this item came up on the agenda, Mr. Souza began by saying, “When we stopped the public from being allowed to speak, curtailed their right to present their case to their elected officials.”

Mayor Mayberry asked Souza if he had a motion? Souza apologized and moved to rescind the standing rules adopted on March 10, 2016. Mayberry asked for a second and receiving none, seconded the motion himself.

Souza said he will continue to put the item on the agenda every month while he remains in office.

Councilman Jesse Kerley said he disagreed with Souza saying that he had sat on the council for four years between 2006 and 2010 when public comments were never permitted. Said Kerley, “That has changed. People have the option to speak in public.” Kerley continued saying that the reason to redo the standing rules was because “people were getting up here grand standing and not speaking to the motion on the floor. We are here to conduct the city's business.”

Souza started to comment about the remarks Mr. Kerley made during a may special called meeting concerning the settlement with John Turner referring to “signs painted in a barn.” Kerley called point of order saying that Souza's comments had nothing to do with the item on the floor. Mayor Mayberry ruled against Mr. Kerley.

Souza asked to address the city attorney Will Ridley asking about the concept of violating the rules once making the rules then unenforceable as took place on separations between beer licensees and churches.

Ridley explained that there was a difference between ordinances that apply to all Crossville citizens and those that the council puts upon themselves. The standing rules and Robert's rules of order are ruled on by the mayor according to Ridley. If a council member does not agree with the ruling an appeal should be made at that time.

The motion on rescind the standing rules failed in a tie vote with Mr. Souza and Mayberry in favor and Mr. Kerley and councilman Danny Wyatt opposed. Pamala Harris was absent for the meeting.

APEX Wind Farm had more detractors then supporters at the Crossville city council meeting

While admitting that the Crossville city council had no “dog in the hunt” over the proposed wind farm project near Crab Orchard, city councilman Danny Wyatt proposed that the city not support the project and encourage the county to do the same.

Reasons given by Mr. Wyatt for his motion include, “the effect on our natural beauty and tourism.” Wyatt also claimed that the project had “a large amount of tax subsidy tied to it.” Wyatt's motion was supported by councilman Jesse Kerley and after lengthy discussion was approved.

Mayor James Mayberry stated that there were people in favor of the project and people opposed. Mayberry added that he personally had business in that area and he would abstain when it was time for a vote.

Councilman Pete Souza sought the floor and spoke in support of the project saying he was disappointed by Sen. Alexander's letter. He added, “I have some reservations about information that was provided by government mail outs.” He said there were tousits destinations like Pebble Beach and Palm Springs that had wind mills and they did not seem to bother them any.

 Council members discuss the proposed wind farm near Crab Orchard. L-R are Pete Souza, Danny Wyatt, Mayor James Mayberry, Jesse Kerley and city clerk Sally Oglesby

Souza said you can drive all over the US and see them, especially out west, “I was out underneath one three weeks ago and I didn't hear any noises. Souza continued saying comments were made that the power was not needed and he reminded the audience that when there was a drought that electric customers had been asked to turn their air conditioner's off during the day. He explained that the power gird in the US and Canada are all tied together and power generated at Hoover Dam or Oxbow were all tied to lines here.

“People are worried about nuclear waste, continued Souza, “Some people worry about the safety. People don't want to dam up anymore rivers and stop the fish, no more hydroelectricity. They don't want solar panels because it obstructs the travel of tortoises. They don't want wind farms because it may kill birds or make noise or whatever.”

“Somebody's got to start thinking, because since I lived in this county, I've seen the county grow. So, are we going to use renewable power?” Souza said he had close friends that were opposed to the project.

Souza summed up, “I believe this is not going to hurt the county. I think that that's misinformation.” He added that the use of grant money depends on which side of the argument you want to stand on. He added, “We use it all the time. I'm not going to support this.”

Councilman Wyatt responded saying he didn't want to take a chance of us losing our appeal of our community. “That's how we got to where were at.” Wyatt ticked off elected officials that opposed the project including state representative Cameron Sexton, US Representative Diane Black, state senator Paul Bailey and US senator Lamar Alexander.

Said Wyatt, “I'd like someone to tell me one positive point to this. It's not going to have any local jobs to speak of.”

Mayor Mayberry responded saying “property tax.” He added that the tax on the windmills was estimated to provide $364,000 in property tax per year, the equivalent to a 2 cent tax increase according to Mayberry.

Souza spoke again and said more positive was that the works who would build the project would be staying here and spending money here and it would take a long time to build the project. He said that spending would also generate tax revenue though he couldn't say how much that would be. The third thing Souza mentioned was power and the nationwide need for it.

Councilman Jesse Kerley thanked Mr. Wyatt for putting the item on the agenda as it is a subject he's been discussing with other people. Kerley added, “There's a lot of unhappy folks out there and I don't think I've run into a one besides Mr. Souza here who actually supports this.”

The vote recorded with two votes in favor was approved. Mr. Souza was opposed and Mr. Mayberry abstained. Council member Pamala Harris was absent from the meeting.

At the public comment time at the end of the council meeting, citizen Randall Kidwell also spoke in opposition to the wind farm project.  

June Regular Crossville City Council Meeting includes discussions of Public Comment, APEX Wind Farm and More

The Crossville city council has their regular June meeting scheduled for Thursday June 9 and agenda items include the council's standing rules once again, public comment and first amendment rights as well as a discussion on the Apex wind farm proposed for Crab Orchard.

In addition, a public hearing is scheduled for 5:30 pm prior to the regular meeting as well as the second readings of the budget and tax rate ordinances leaving one final reading for final approval expected to come later in the month.

The schedule for the evening includes

5:00 pm Audit committee meeting

5:30 pm Public hearing on proposed 2016-17 city budget.

5:50 pm Public hearing on annexation of 103 Meadowview Ln.

6:00 pm Regular Council meeting

The consent agenda includes the readings of the budget and tax rate unless a council member requests that they be pulled out for either discussion or separate vote. A long list of annual bids on supplies purchased for the upcoming year is expected to be a consent list as well and bids on several items including the infrared FLIR camera for the police department's drone are on the agenda.

For the third month in a row, councilman Pete Souza is asking the council to consider rescinding the council standing rules adopted March 10 this year that abolished the monthly work sessions and public comment except at the end of the council's meetings. The previous two times have been unsuccessful.

Another item requested for the agenda by Mr. Souza is titled “Discussion and possible action on failure to comply with the standard rules and Robert's Rules during the May 12, 2016 regular scheduled meeting, and violation of first amendment rights."  When asked about the item, Mr. Souza said it was about “the right for people to speak without being interrupted and the right of an individual to criticize public officials without abusive behavior. To be told that they couldn't say anything derogatory about elected officials is incorrect.” Souza continued by saying, “The council does not have the right to just blurt in and take over the council chambers without being recognized.”

Councilman Danny Wyatt has requested to discuss the impact of the Apex wind farm on Crossville. Wyatt also wants to discuss the proposed Crossville Memorial Airport Aviation Hall of Fame and recognizing former councilman, the late Boyd Wyatt, Sr. for his service and support of the airport.

Other agenda items include a presentation by Hospice, the city manager and city attorney reports, the marketing report and the final reading to approve the budget amendment to pay the severance package to former city manager David Rutherford.

Recall proponents mailing letters and petitions to city voters

Letters promoting the recall of council members Danny Wyatt and Pamala Harris are being mailed to registered Crossville city voters along with copies of the two petitions that need 2225 registered Crossville city voter's signatures by June 24 in order to get the recall question on the November ballot.

The letters are signed as "Crossville Citizens for Good Government, Howard Burnette, Jr. Treasurer and include a self addressed stamped envelope for them to be returned.

The letters include statements saying that Wyatt and Harris "took away Crossville citizen's rights to make public comments or ask questions until after the council has already voted on any issue or resolution."

The letter talks about scheduling called meeting during the day and on short notice and doing away with the monthly work sessions.  The letter concludes by claiming that because the work sessions have been eliminated, that "the city's business gets discussed in secret conversations and in violation of the states open meeting laws."

The letter asks the recipient to sign the petitions and get their friends and neighbors to sign as well and return them in the envelope provided.  An image of the full letter is below.

The recall proponents have not responded to questions concerning how many signatures they have collected so far.  If petitions are turned in to the election commission they do become a public record.

Sign, sign, everywhere a sign...

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Homemade signs became a big part of Crossville politics four years ago when councilman Pete Souza first ran for a council seat. The signs, stenciled on large pieces of plywood made complaints and accusations and were put up in numerous locations.

Less homemade looking signs have begun springing up around town as part of the recall efforts against council members Danny Wyatt and Pam Haris. At the city council's May regular meeting, a homemade sign on the back of a pickup truck created a stir and complaints from at least one citizen who attended the meeting.

The sign, attached to a truck driven by J. R. Blankenship and parked in front of city hall during the meeting.  Blankenship has stirred the council in the past and who was accused of distributing unsigned fliers in the downtown area several weeks ago. Blankenship was in city court earlier in the week and fined for the fliers. It is believed he has appealed the fine to a higher court.

In March of this year Blankenship spoke in public comments claiming he had proof of "council members violation of fiduciary duties,” that he had “polled 25 law professors” and added that he would make the information public after he heard from them. So far he has released no information on his claimed accusations.

Blankenship had the sign lying in the bed of his truck when he arrived and he flipped it up near the start of the council meeting. The sign accused Mr. Kerley of being a liar and included lines from an email from Mr. Kerley and one from police chief Rod Shoap. The question was whether Mr. Blankenship lived at his mother's house or not. Kerley's email said his mother said that he did not and chief Shoap's said she had not made that statement to officers.

At least one citizen in attendance at the meeting stood up and complained about the sign. Long time local resident Vancieneta Wisdom said, “I was very disappointment to see a large sign out front. I think it speaks volumes about the person who parked the sign there and it speaks volumes about our city.” Wisdom asked that the council consider an ordinance banning political signs on city property. She apologized to Mr. Kerley who was named on the sign and then thanked all the council members for serving adding, “You do a good job and I'm proud of each of you. I think it takes a lot of nerve to sit up there.” Scattered applause came as Mrs. Wisdom finished.

This blog has received a copy of a photo that appears to show council member Pete Souza's truck and him working on one of the Crossville recall signs near the community complex.    

Such temporary political signs are allowed under the city's sign ordinance but there are some restrictions on placement including:  

   (C) Signs listed above will be located off the street or highway right-of-way.

   (D)   Signs listed above shall not obstruct, or otherwise physically interfere with the effectiveness of an official traffic sign, signal or device and cannot obstruct or physically interfere with a driver's view of approaching or intersecting traffic.

Souza continuing to try and undo last changes to council's standing rules to return public comment/work sessions.

The Crossville city council meets Thursday evening May 12 and once again, councilman Pete Souza will try to convince other council members to put back public comments and the monthly work session that were removed in the last change of the council's standing rules.  

That last change in the council's standing rules came in March this year and Souza has been attempting to undo those changes ever since trying to give the public more voice at the council meetings. State law does not require the council to allow the public to speak at meetings but citizens do still have the chance to speak for a limited time at the end of the meetings. 

At the April meeting Souza brought up the change and his motion to rescind the previous standing rule changes failed with only two votes in favor from Souza and Mayor James Mayberry.  Souza described the previous action as “an assault on the people's rights to express what they have to say.” 

Contact information of city council members is available on the city's website at this link:  Crossville city council information 

 Souza added that the absence of the workshops encumbers the city in performance of the duties of the elected officials and gives more opportunities for the public to see the inner workings of government as each agenda item is discussed.

Two public comments from 4-14-16 meeting of the Crossville city council

Two of the public commentors that spoke at the end of the Crossville city council's meeting on April 14, 2016.  Both speakers criticize the recent actions of the council.  The second speaker is Howard Burnett, proponent of recalling two council members over firing the latest city manager and failing to support the Horizon Project community development program.

Crossville council won't change public comment or standing rules. (Video included)

 The Crossville city council was asked to reconsider the location of the time of public comment once again by Mayor James Mayberry, but a majority did not support the change. In addition, a motion to rescind the latest changes to the council's standing rules that abolished work sessions and disallowed public comments during council discussions of an agenda item did not receive majority support.

Mayor Mayberry said that with the change that no longer allowed public comment during a discussion that he felt the public should have a chance to address the council before a vote is taken. Mayberry moved that the council pass first reading of an ordinance to place the comment time at the start of the council meeting instead of at the end. Council member Pam Harris, who had originally proposed the change earlier this year seconded the mayor's motion.

Harris said she originally proposed the change “to bring order back to our meetings whereby the citizens could speak to the council on agenda items prior to our deliberation and our vote.” Harris continued saying that over the last 18 months the meetings had harder for the council to conduct business in an orderly fashion.

Councilman Pete Souza said, “I'm not going to support this motion. I think that this motion would improve the current situation, but I also think this motion is a token thing towards what was taken away from the people to be able to speak during the agenda item.” Souza continued, “The people have a right to be heard. We, as a council, have to suffer what the people tell us. We don't get to sit here and just listen to the people say 'You're doing a great job,' we need to hear everything the people say, and that includes the criticism.”

Councilman Jesse Kerley commented, “I personally don't feel that I suffer by any means listening to either good or negative comments toward myself. I welcome all comments. Nobody's perfect and if anybody has anything they'd like to say to me, I'm always available.”

The motion failed with support only from Mayor Mayberry and Ms. Harris. Mr. Souza, Mr. Kerley and Danny Wyatt were opposed.

The next item was presented by Mr. Souza who moved to rescind the last change to the standing rules. Souza wanted to see the work sessions restored and public comment during an agenda item discussion as well. He described the previous action as “an assault on the people's rights to express what they have to say.” Souza added that the absence of the workshops encumbers the city in performance of the duties of the elected officials and gives more opportunities for the public to see the inner workings of government as each agenda item is discussed.

Following Mr. Souza's comments a roll call vote was taken and the motion failed with support from Mayor Mayberry and Mr. Souza. Voting against were members Wyatt, Harris and Kerley.