Crossville Flashback: From 18 years ago--City overcharged for paving work by Highways Inc.

City Attorney Lanny Colvard reported to Crossville City Council Tuesday night that state auditors' estimate the city overpaid Highways, Inc. $335,938.05 for paving service during the period of July 1997 through June 1998.

In addition, Colvard reported that Highways used their records to calculate overcharges for the period of July 1996 through June 1997 and give Colvard a check made out to the city for $68,200.17.

Colvard added that City Finance Director Lisa Brown worked from the same weigh tickets and invoices coming up with an overcharge figure of $70,433.23, a difference of $2,233.06. Several of the weigh tickets and invoices were unclear and hard to read, according to Colvard, so the city's number may not be exact.

"I'm in the process of negotiating repayment of the balances not paid," Colvard reported. "I hope to be in a position to ask for a work session shortly on these reports."

Councilman John Dooley said, "These numbers total over $400,000. There's no way this can be a series of mistakes. I want to know where the money went!"

Dooley moved that the city accept no money from Highways, Inc. at this time, adding that he wanted to know what the exact amount was before accepting any repayment. In addition to the check Colvard received, Highways previously gave a check to the city for $96,219.15, the company's figure for the overcharges on theSparta Drive project.

Colvard advised the council that he had discussed the matter with the District Attorney's office and the city's acceptance of the money was no problem and would not affect their decision on whether or not to prosecute.

After canceling the Highways, Inc. paving contract earlier this year, council approved new bids on asphalt and paving services, awarding the bid to Tennessee Asphalt. Highways, Inc. did not submit a bid.

Colvard also reported that Chancellor Leon Burns would be setting his court calendar September 17 and Colvard told council he will ask that the trial be set for the lawsuit with the Utility Districts in late December or early January. Colvard also reported the districts had hired a rate engineer and were requesting 32 pieces of information from the city. The requested information is being collected.

In other action, Council deferred action on two requests to purchase industrial property and set a work session on the matter for Thursday, September 10 at 5:00 PM. National Cylinder Requalification Corp. and National Cylinder Salvage Corp. has requested five acres expecting to employ 10 people after 3 years and Robert F. May wants to purchase one acre for his company to employ five.

Councilman Dooley said he felt two employees per acres is not adequate use of difficult to acquire industrial land. Dooley added not only must the city purchase the land, but also install roads and utilities. Crossville Realtor and council candidate Gene Turner suggested that council have industrial land appraised so prospective companies can see the actual value of the land against the purchase price given to entice them to locate their business here.

Council passed third and final reading of the Ordinance regulating sexually oriented businesses. One Crossville video store operator questioned specifics of the measure but was assured the ordinance was directed at businesses that carried mainly adult videos and the final reading passed unanimously.

Council recognized Tessa Whittenburg as the student of the month. Tessa is in Sue Hassler's First Grade class at Crossville Elementary and "works hard": according to her teacher.

Council also honored Portia Barnwell as the Junior Fairest of the Fair and Lindsey Hill as the Junior Miss Fairest of the Fair presenting each girl with a proclamation and a rose.

The annual Crossville Memorial Airport Open House and Fly-In will be Saturday September 10 from 9:00 AM to 3:00 PM at the airport on Sparta Highway.

Crossville Memorial Airport terminal building

A number of private and experimental planes are expected to be on display along with war birds such as a P51 Mustang and an FG-1D Corsair. In addition, 3 helicopters will be offering rides along with small plane rides too. Additional aircraft and a hot air balloon are expected to be on display. Bring the kids to see the aircarft and watch planes take off and land.

Plane flyover from the 2015 event

Weather and other conditions may affect the aircraft lineup. There will be food and refreshments available, inflatables for the kids and other exhibits.

Recognition will be made of the late Boyd Wyatt, Sr., city councilman, long time pilot and airport supporter

Admission and parking are free. For more information, visit www.crossvilletn.gov or call (931) 484-5016.   

Crossville Memorial Airport opening seal from 1934

September Council meeting--Souza agenda items take aim at interim manager Steve Hill and his connection to Councilman Kerley

The September Crossville city council meeting seems to have a theme for the last several items on the agenda, the position of Crossville city manager.

The September 8 council's schedule includes the following meetings:

• Audit Committee 5:15
• Beer Board 5:45, 
• Solicitation Board 5:55 
• Council meeting 6:00 PM

Those items, put on the agenda by councilman Pete Souza as his council term nears its end, take aim at interim city manager Steve Hill, his administrative ability, his actions and his relationship with the councilman who has become Souza's antagonist, Jesse Kerley. Kerley and Souza have been locked in a battle of words, signs and allegations of physical altercations for the last several months ultimately leading to assault charges placed against Mr. Kerley.

The items placed on the agenda by Mr. Souza include discussion of standards of selection of the new city manager and possible legislative actions, discussion of rumors affecting morale of city employees, discussion and action on the performance of the interim city manager, and discussion and action on the use of the city managers vehicle. More on these matters below.

Other matters on the councils agenda include more typical business items including budget amendments, temporary road closings along with several purchases and contract approvals.

One item that seems sure to spark discussion is the sponsorship of the Tennessee Women's Open golf tournament and the Tennessee Men's Senior golf tournament that are both up for renewal. The cost to sponsor each tournament is $25,000 per year and the Tennessee Golf Association and the Tennessee Section of the PGA are requesting a 3 year contract for the sponsorships.

Council will also consider a 3 year contract with retail consultant r360, the firm selected in action at last months council meeting to guide the city in attracting large retail chains and additional resturants. The contract negotiated with the firm is for $35,000 for the first year and $28,000 each for the second and third years. Each additional year of the contract is approved year to year.

Council will also consider a press release policy following a discussion at last months council meeting. A final version of the policy was not finished at the time of the agenda's release but is expected to be available with a recommendation by manager Hill at the meeting.

Councilman Souza's item on standards of selection a new city manager expresses concern about the possibility of appointing a city manager prior to the seating of the newly elected council members so they can have a hand in making the decision. Souza also expressed concern that many of the applicants do not have previous city manager experience. (Link to applicant story) Souza sums up his concerns saying, “I would encourage the council to consider to defer the selection process until after the general election and look for a manager with both executive and municipal experience."  Link to current city manager applicants.

Mr. Souza's item on rumors and morale of city employees states “the city has gone into a period where rumors run wild resulting in negative effects on the morale of employees and thus the effectiveness of their performance to the community.” Souza cites the firing of the city manager David Rutherford, the resignation of police chief Shoap and the false allegations given to the press that Shoap was under investigation, and several other items he said all lead to the rumor mill running wide open.

While he says he does not believe the rumors he said they included that former Mayor J. H. Graham would take the position of city manager and that a back door agreement to put Steve Hill back in charge of parks and recreation replacing Tami French, a new appointee would replace chief Mark Rosser and Sally Oglesby would be replace by the assistant city clerk. Wrote Souza in conclusion, “I believe it is incumbent for this council to dispel these rumors at this meeting and so that the employees can go forward without fear of losing their jobs.”  Link to text by Souza on rumors he says are circulating at ctiy hall.

The most brutal agenda item offers a report that targets the performance of interim city manager Steve Hill, and it is not a good report. Souza wrote just over 4 pages starting off with his first action on his first day as interim manager to order the parks and recreation director to swap vehicles with him so he could drive a crew cab pick up truck he drove when he was parks director before taking early retirement. The current parks director has been driving the Impala that was originally purchased for the use of the city manager. And in the final city manager agenda item Souza is proposing the swap be reversed back. The complete text of Souza's statement on the performance by Steve Hill as city manager is available at this link.

Souza points out that the three previous city managers enforced the policy that the employees playing golf take personal leave to do so. Hill is reported to have said that if an employee works 40 hours a week then they don't have to take time off, but according to Souza this change was not disseminated to city staff. In addition, Souza states that it has been custom for the manager to advise the mayor and council members when he was unavailable for work but Hill has not done so in correspondence documenting his time off. Souza says Hill calls the assistant city clerk but should notify the council, city clerk and the finance department.

Souza outlines an email Hill received that came from councilman Kerley to marketing director Billy Loggins that ordered Loggins to tell Hill to call Butch Smith and tell him that Souza was looking into the property that Smith wanted and “was going to cause the deal to fall through.” Souza says this email that is public record shows that “councilman Kerley is telling the staff and manager what to do.”

“Mr. Hill's role in the resignation of Police Chief Shoap reflected the will of councilman Kerley as opposed to the needs of the city of Crossville,” according to Souza. He outlines several incidents including that Hill ordered the IT department to open early to allow Hill, council Kerley, and Kerley's father Jerry to review the video of the June 2 incident between Mr. Souza and the Kerleys.  This was done before chief Shoap arrived there and the group was deciding which part of the video to release and formulating a story that fit the video. Souza accused them of having “interfered with the investigation.”

Souza also references an exclusive story that states the accusations by Mr. Kerley of an investigation into alleged actions of chief Shoap at the time he resigned were false as stated by Mr. Hill.  The original story is available here.

It is not specified what action Mr. Souza wants taken under the agenda item.

Report on city hall rumors by Councilman Pete Souza

The morale and welfare is the inherent responsibility of the City Manager and the elected officials representing the citizens of Crossville

                     It is a fundamental principal of leadership to address issues such as rumors which have a tendency to lower morale and cause strife.

                     The City has gone into a period where rumors run wild resulting in negative effects on the morale of employees and thus the effectiveness of their performance to the community.

                     An argument can be made that this is untrue.  However, that argument (that there are no rumors) would publicly have to be made and the words of that argument be put to the employees.  At that time, the person/persons with such an argument will mentally be evaluated and unkind thoughts may develop as to their creditability.

                     The atmosphere brought about the firing of the City Manager, the resignation of Police Chief Shoap, the false allegations given to the press that he was under investigation, the information surrounding criminal action of an elective official, and events preceding that action, the moving the date forward to select a city manager, the sudden interest to have succession plans in place (an executive/administrative duty of the City Manager) given to the City Attorney has brought about the atmosphere that makes the rumor mill run wide open.

                     While I place no evidence of creditability of the rumors, I also recognize how the concepts and arguments exist.  One Council person stated that “no one should believe the rumors”.  A good enough statement, but it had no explanation why the rumors of the employees are not true.  Remembering these rumors were generated by the employees.

                     I am going to list the rumors in the order they were brought to my attention:

1.                      That J.H. Graham after recognizing the formidable opposition he faced in the election agreed to take the position of City Manager.

2.                     That a back door agreement was made that, at the last opportunity, a candidate for City Manager will apply with the understanding that Steve Hill will replace Ms. French at the parks department, that a new appointee will replace Chief Rosser, and that Ms. Oglesby will be replaced by the Assistant City Clerk.

I do not endorse these rumors for the following reasons:

1.                      No evidence exists

2.                     In order for all this to take part, a minimum of three elected officials and a 4^th party would have had to collude.  The shear comprehensions that four persons would be so intellectually challenged to believe they could get away with it on the eve of a election is beyond grasp.

Normally, something of this nature is addressed at a work shop.  However, since the Mayor cannot call a work shop and only the inner circle can call a work shop, the public council meeting is the correct forum to discuss this.

                     I believe it is incumbent for this Council to dispel these rumors at this meeting so that the employees can go forward without fear of losing their jobs.

Performance of Interim city manager Steve Hill by Councilman Souza

Discussion and action on the performance of Interim City Manager Steve Hill 

Since the beginning of his office, the City Manager has both worked without administrative skill, executive skill, and at times outside of the duties as the Chief Administrative Officer of the City.

Interim city manager Steve Hill

Mr. Hills first act as the Chief Administrative Officer was to exchange the City Manager’s staff car with the Park Superintendent’s pick-up. Why? Because, he could. This would show the City employees who is the Boss. It goes without saying that as Parks Department head, he justified that vehicle on a basis of need for the utility vehicle, yet as manager, that was of no more importance.

This follows the fact that Mr. Hill has the distinction to being the only City employee to have two letters of misuse of city vehicles in this personnel file by two different City Managers. His subsequent use of the City vehicle has been utilized as his own personal vehicle to travel to and from work and wherever he chooses.

City Councilman Pete Souza wrote this report

Mr. Hill swore on oath to obey the Charter and all ordinances. The very basis of this oath is the soul of the City. As the Chief Administrative Office, he is required to present himself to the community and city employees as an example to be followed.

Section II of the employees manual, paragraph 1-708, paragraph (2) states: “An employee may not use or attempt to use his position to secure any privilege for himself or others that is not authorized by the Charter, general law or ordinance or policy of the municipality. The use of the City Manager’s vehicle to travel about in excess of reasonable use is a violation of this ordinance. Every member of Council received the letters of vehicle abuse in Mr. Hill’s personnel file. Every member of Council has a copy of the City Manager’s previous and current use.

City Managers Bruce Wyatt, Jack Miller, and David Rutherford had and enforced a city policy requiring city employees to use vacation time when playing golf. When Mr. Hill was asked about the policy, he stated if they put in 40 hours, they didn’t have to use vacation time. Mr. Hill made an arbitrary change without going to Council (that being the whole Council not just his friend) and changing the policy so he could play golf with the Kerleys on City time. He did not disseminate that policy through the HRO or other employees. This, as a result, he used his position to allow city time to be used for recreation purposes along with a city vehicle.

It has been custom for the City Manager to let the Council and Mayor know when he was not available for work. Mr. Hill has not done so through correspondence documenting his taking of time off. Instead, he calls the Assistant City Clerk and says “I’m not coming in today”. It is his duty to notify Finance, the City Clerk, and the entire Council.

The city ordinance requires all part-time/full time employees to take a drug screening test before employment can be given. Mr. Hill has not done so. As the Chief Administrative Office and a former department head, there is no excuse. The city has a drug screening program. Since Mr. Hill has assumed duties as he Chief Administrative Officer, this program has ceased to continue. It is my understanding that this is part of our insurance plan, then again if the drug screening policy does not apply to him, why should it apply to anyone else.

Chain of command is outlined in the employee handbook. Shortly after Mr. Hill took office, he received an e-mail. The e-mail was from Councilman Kerley to Billy Loggins telling him to notify the City Manager to call Butch Smith and tell him Souza is looking into the property he desired and was going to cause the deal to fall through. This is telling in that it sets the role Mr. Hill was to follow to this date. That being Councilman Kerley is telling the staff and the Manager what to do. He could not do that with Mr. Hill’s predecessor. Mr. Hill, who swore an oath to uphold the Charter lost all direction of what his duty was. It is the duty and prerogative of the members of Council to make inquiries, any time, any place at the discretion of the Councilperson. Moreover, it was my fiduciary responsibility to see why the city was asked to provide worthless land without compensation that the City had paid taxpayer dollars for. It was, in fact, a reasonable and prudent court of action. However, Councilman Kerley set the precedence for the new Chief Administrative Officer to take orders from him and a subordinate, this showing who was now in charge of City Hall. This is not an allegation, but a fact and the e-mail is available for those who wish to look at it.

We have a Council form of government. What that means, essentially, is that all members of Council are queried on all matters pertaining to policies and expenditures. When the County Commission was petitioned by the City to participate in a cooperative agreement to help fund an indoor recreation facility, Mr. Hill operated under Councilman Kerley’s guidelines as opposed to the Council. First off, the proposal presented was not what was agreed upon by the City Council. Mr. Hill brought to the buildings and grounds committee, a consulting company that was selected by him and not approved by the Council. While it was discussed that the City would provide the land, the proposal that the County would pay for the whole facility was never determined except in the mind of Councilman Kerley.

The modification of the plans to include indoor golf was never discussed by the Council that was presented to the County. Further, on three occasions, the County asked specific questions, how much does the City want us to obligate, who is going to run the facility, who pays for the operations and maintenance. Mr. Hill never answered their questions. Instead, he presented a razzle and dazzle show that left the County Commission unimpressed. So much, that one highly regarded County Commissioner stated the City doesn’t know what it is doing and lacks the leadership to undertake this endeavor or words to that effect. Mr. Hill presented Councilman Kerley’s plan negating the meticulous plan his predecessor had that included partnering expenses and operations, rather than what was presented to the County Commission. Mr. Hill demonstrated his inability to execute his executive duties and his lack of judgement by being directed by one Councilman, as opposed to the whole Council which was his duty.

Mr. Hill’s role in the resignation of Police Chief Shoap reflected the will of Councilman Kerley as opposed to the needs of the City of Crossville. His personal actions resulted in bad judgment, injudicious conduct that may be abuse of authority in order to execute the wishes of Councilman Kerley.

When Mr. Hill was a department head, he was equal in the chain of command with Jerry Kerley and the buffer of the City Manager presented direct operational control over other departments. Mr. Hill has failed to grasp that he cannot treat department heads differently. The long morning breakfast and lunches with the Kerleys during business hours and the special treatment for his golf pals present an image unconducive to good order and discipline as outlined in the personnel ordinance. The Chief Administrative Officer cannot maintain his position of authority while fraternizing with his subordinates. Previous friendships and the display of preferential treatment destroys the organization of the City.

Mr. Hill contended that Chief Shoap had to demonstrate to him that he was competent. I find this ridiculous. Every department head has proven their value as reflected by their personnel file. The only negative file is that of Steve Hill!

Well, the former chief was without precedence in the support from the community, his officers, and the Council at large. The Mayor, Councilpersons Harris, Wyatt, and myself expressed our admiration. However, Councilman Kerley who resented his inability to influence the Chief to arrest Donald Andrews, myself, and Mr. Blankenship’s elderly mother viewed him as an obstruction to his power. After all, didn’t he move to remove David Rutherford and have his friend Steve Hill put into the Administrative Chief’s position?

Mr. Hill kept putting his appointment off at the directions of Councilman Kerley. When I e-mailed the Council as to whether they support the Chief to be appointed permanently, Councilman Kerley went into a tirade saying I violated the Charter. I checked with the City Attorney expressing my position did not, in his opinion, create a violation. Mr. Hill absented his duties in City Hall to act as an agent for Councilman Kerley.

It is hard to find Mr. Hill in his office and only seldom does his staff know his whereabouts. Currently, the opinions of the staff is nothing is getting done. In the beginning, the staff covered for him, those days are over, they are not content to watch him flounder.

Mr. Hill has been at the courthouse monitoring the Blankenship case and reporting to Councilman Kerley. This is not his job. That is the City Attorney’s, but Mr. Hill cannot grasp that as the Chief Administrative Office, he is demonstrating that the prosecution of Mr. Blankenship has the highest priority of the City.

The Chief Administrative Officer on 3 June ordered the I.T. Department to open its office before City Hall was open to business. In that period, Mr. Hill with his friends Councilman Kerley and Jerry Kerley pulled the video of the altercation, edited out the first part showing the aggression and stalking and formulated a story to correspond with the remainder of the footage. By the time, the City Attorney and the Chief showed up, they had pulled evidence and interfered with an investigation, all at the use of the Chief Administrative Officer of the City’s knowledge and guidance. The City Attorney left the scene not wanting any part of the event and the Chief, verbally and aggressively confronted by Councilman Kerley, left. The City Manager then released a shorter version of the tape editing out the first part to the press. Mr. Hill either lacked the will to tell the Kerleys to stay out of the investigation or failed to have the morale courage to do his job as the City Manager.

Following the altercation on 2 June while ascending the stairs of City Hall, Jerry Kerley, who was a participant in the altercation, did say to the Mayor in the presence of an employee “I am going to whip Souza’s ass for painting Blankenship’s signs”, or words to that effect. An original statement is on file with the District Attorney. Not that it makes any difference, that was untrue, it was enough that they believed it to be true and decided it was ok to stalk and assault me on City property.

Mr. Hill whose job it was to maintain order and discipline is remiss in his duties for not taking action on Jerry Kerley. Then again, that’s his friend, father of his sponsor and protectorate. So, where are we? The city is without leadership and out of control.

After the confrontation of Councilman Kerley and the Chief, and the Chief’s failure to arrest me, Councilman Kerley took it on himself to harass the Chief.

Mr. Hill told Finance not to honor a trip that the Council, in its budget, approved. Upon confrontation on this, he denied telling Finance not to pay for it.

Mr. Hill, in his capacity, took the Chief over to Councilman Kerley’s house where Mr. Hill let Councilman Kerley threaten him for the Chief committing a felony. The City Manager was out of line for allowing that to happen.

Mr. Hill became Councilman Kerley’s aide de camp following him around to the Justice Center and District Attorney’s office with tales of woes trying to recover from the political disaster that following the altercation.

What should have happened is Mr. Hill should have stayed out of the investigations. His participation was abuse of authority. This will be further addressed.

After the Chief resigned, Councilman Kerley released a story to Jim Young that the Chief was under investigation. This was another lie by Councilman Kerley. There was no investigation. Mr. Hill told Mr. Young later that was all political talk. Mr. Hill denies that, but he is on tape.

It would appear that Mr. Hill cannot comprehend the possible civil damages that the City could encounter. He engages his use of his office whereby his actions and declarations puts the City at risk just to cover his friends.

It’s easy enough for people to criticize the voting record of the members of Council. We make hundreds of votes, many I wish I had not made. Mr. Hill is in office as the Chief Administrator and every day he is in office, he is a reflection of the leadership of the Council.

MISSING / RUNAWAY JUVENILE SOUGHT

Crossville Police Department PRESS RELEASE
September 1, 2016

The Crossville police Department is currently investigating the runaway of a Juvenile Male; David Mayse (or Forpahl). The runaway is a 17 yr. old, White Male that ran away from State’s custody on08/29/2017. The runaway juvenile may be in the Crossville, TN area or the Westel Community area, however he was residing in Murfreesboro, TN and has a Nashville, TN address on his TN state ID.

The juvenile is entered into NCIC as a runaway. Anyone with information on David Mayse/Forpahl is being asked to contact the Crossville Police Department at (931)484-7231, or the Cumberland County Sheriff’s Office at (931)484-6176. The investigating officer, Detective Sergeant JC Hancock, can be reached at (931)484-7231 ext. 103. The Missing Kids link is highlighted in blue below with pictures of the runaway youth.

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