Mon
Mar 24 2008
09:20 pm

Just got back from the Tedford Fire presentation- what did I miss?

Apparently not much. Since I've been back (30min), Moore has been all over Natural Resources and just tried to renegotiate the contract. I assume this has been going on for the last 90 minutes?

Anything happen in zoning? I caught a little bit of a South Knox zoning discussion.

(Is anybody else's Comcast feed going crazy????)

reform4's picture

Mediation-YES!

Hammond proposes mediation- that's the proper solution for NRR, since both sides seem to be in violation of the contract. Let's see if this passes.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

reform4's picture

Barring Contractors In Lawsuit With County

Good, they're pointing out the opportunity for abuse. Hopefully this will die.

Even better- it was withdrawn, saving us the time for a vote.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Sandra Clark's picture

Steve: Sorry I missed your

Steve: Sorry I missed your meeting. -- s.

reform4's picture

It was a good one!

I think aroudn 30 in attendance, lots of good questions. I see that local environmental issues are becoming important to both sides of the aisle. People are noticing that it is becoming a local pocketbook issue (witness over $300K to clean up the Tedford site).

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Bird_dog's picture

what happened with the Charter Review Committee?

My TV reception has been so bad, I thought a Charter Review Committee would take care of the amendments to be considered...???

Bird_dog's picture

So what happened about the audit issues?

My reception again was bad. Have they postponed addressing the p-card issues again?

reform4's picture

I think so...

I stepped out for a second, but I think I heard that have scheduled a date (April 23?) for a special Commission meeting related to the audit. I believe the point was made that all the responses to the audit are not yet in.

Discussion electronic bulletin board for Open Meetings now. Owings commented that he doesn't read blogs and that anonymous commenting capability is problematic, legal exposure to libel, etc.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Sam's picture

I am not sure why

but I have never had such poor reception as I had tonight on CTV. It reminds me of tv reception of long ago. All the static is getting to me.

reform4's picture

Since we can't hear half of the deliberations...

.. I wonder if CC would mind doing it all over again tomorrow night. :)

Bird_dog's picture

read all about it...

in the minutes - maybe by summer... Why can't they post fresh minutes on their website? I couldn't tell if the agenda was current - it's a pdf and they are a pain on my MacBook...

reform4's picture

KNS didn't wait to print the latest Sunshine Violations

"Four Knox County commissioners admitted at tonight's monthly commission meeting that they've recently discussed matters in private that are directly related to county business in apparent violation of the state Open Meetings Act."

(Link...)

Are the new commissioners bound by Fansler's ruling (no discussion)? I thought that just applied to the defendents in the lawsuit (e.g., new commissioners were just barred from 'deliberation').

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Pam Strickland's picture

I don't care if the new

I don't care if the new commissioners are legally bound by the ruling, they should be morally bound. And Lumpy needs his butt cited for contempt even if the others don't.

They should darned well know better.

Pam Strickland

"We are what we pretend to be, so we must be careful about what we pretend to be." ~Kurt Vonnegut

reform4's picture

Anybody else having sound problems on Comcast CTV?

I get fits of constant clicking on the sound. I can't hear a darn thing now, but Mooore's droning on about line item transfers, so it's not such a bad thing right now.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Bird_dog's picture

YES - I've never had this much static...

on CTV. What's up?

reform4's picture

Slope and Hillside Task Force

Lumpy, King of the Substitute Mition, is trying to add himself, Scott Davis, Bruce Williams, Larry Smith, Richard Cate, McKenzie, Hammond, Chuck Williams to the ridge/slope/hillside development task force for "balance."

McKenzie offers James Wade in his stead. Harmon defends list, pointing out many developers already on list (Jernigan, Graham, etc).

Substitute motion fails.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Anonymously Nine's picture

The multiple interventions

The multiple interventions with Lumpy seem to have failed. He has mastered the filibuster.

lotta's picture

Comatose

I slipped into a light coma while watching this meeting on CTV & I missed the slope protection task force discussion. This happens whenever I'm exposed to more than 15 minutes of bufoonery.

Is there anyone on the task force that is not connected to development?

jbr's picture

Lambert does not seem to

Lambert does not seem to understand what constitutes 'balance.'

Are there not any level headed developers without such questionable histories they could have put on the committee? If there isn't, then that tells us something significant.

A few links on the South Grove debacle...
(link...)
(link...)
(link...)

Anonymously Nine's picture

Worst reception ever from

Worst reception ever from CTV. It is difficult to watch or hear. Loud burst of static come every 15 minutes or so. It is time to look under the hood at CTV. After the CTV flu during the workshop for the Charter Amendments questions need to be asked. This static problem has gone on for almost a week.

With the Fansler ruling the Commission meetings are simply to long. If Chancellor Fansler will not relent with his ruling, which has actually gone far beyond deliberation, County Commission needs to meet twice a month. This idea of punishing Commission is actually punishing the people who have to do business with Commission.

I have never seen this level of inefficiency in County government. It is not Tank's fault. It is just too much material in too short a time.

reform4's picture

What's taking too long?

The additional deliberations aren't the time problem here- I think the open deliberations are great. What's eating up all the time are the action of one or two commissioners (cough, cough, MOOORE, cough cough) taking an hour, sometimes two, to grandstand every time something about Ragsdale comes up. I don't mind good investigation, but asking the same question over and over and going over the same territory repeatedly is what's dragging this out to past midnight.

I saw Moore take an hour asking an official ONE question about line item transfers 30 times at a previous meeting.

And while we're at it, WHY is Lambert debating a vote that he has already lost? (if I were the chair...). Holy cow, he's asking for a REVOTE?

It's not the lack of private deliberations. That's a GOOD thing.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Rachel's picture

Ok, first of all, what's

Ok, first of all, what's wrong with Commission meeting twice a month? City Council manages to do it.

Secondly, I agree with Steve that most of the dragging out of meetings is due not to Fansler's ruling, but to too much grandstanding and yakking from a few Commissioners (who might perhaps be hoping that the lengthy meetings get blamed on the Chancellor?).

Third, it would be very instructive to watch how City Council handles the task force tomorrow evening. I expect quite a difference.

P.S. We've got digital cable on one tee vee and analog on the old one. The digital signal came in fine all evening, but I tried to watch on the old set for awhile and was having all the problems ya'll mentioned.

P.P.S. BTW, #9, aren't you the king of TIF opponents? How do like the way Commission is handing them out like candy?

Bird_dog's picture

Tony Norman gets 2 points

for admitting that being on a committee with Lumpy would be torturous.

Rachel's picture

Tony Norman is rapidly

Tony Norman is rapidly becoming my favorite Commissioner.

As for Lumpy, I've already decided I will contribute $$ to his next opponent. And I say that without the faintest idea who that opponent might be.

Mark Harmon's picture

Tony is very good. I'll

Rachel, Tony is very good. I'll keep working to make your list as well.

Mark Harmon

reform4's picture

Proposals to Resolve Long Meetings

Lambert is blaming long meetings on Sunshine law.

NO, no no no no. Watch the tapes and see how the time is being wasted.

Rachel's picture

Somebody should time Lumpy

Somebody should time Lumpy to see how much time he wastes at every meeting complaining about the Sunshine Law.

But don't worry - he's personally going to talk to the Chancellor next week and get everything fixed up.

Bah.

reform4's picture

but...

but he doesn't hold a candle to Moore when it comes to burning up Commission time. Seriously, after going to six meetings and some committee meetings so far, just about every meeting I watch in amazement as he burns an hour+ with his Ragsdale vandetta.

Again, nothing wrong with holding officials accountable. But it doesn't have to take hours to do it (and Moore does a disservice to his own cause with his approach).

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

reform4's picture

(No subject)

knoxvegas99's picture

Rachel, you're spot on

Secondly, I agree with Steve that most of the dragging out of meetings is due not to Fansler's ruling, but to too much grandstanding and yakking from a few Commissioners

On more than one occasion tonight I considered suicide as a better alternative than another hour of the interminable pontificating. These performances have gone beyond embarrassing. Time to storm the barricades!

Larry Van Guilder

Ragsdale2010's picture

Ragsdale's Charter Commission was rather lame

and personally, I'm glad they sunk it before they began a convocation to do nothing but get Ragsdale and his spending habits off the front page.

Put all nine initiatives on the ballot, let the community decide what to do. We do not need county commission or Ragsdale's charter commission to tell us what we can vote on, put it all up there and let it stick.

Hopefully, Rags has learned from this vote that he really doesn't need to bother bringing anything up at county commission meetings, he's lame and he's got no credibility left and the interim folks on commission don't have time nor the patience to hear his sound bites and pay any attention to his sabre rattling (he's going to issues subpoenas, HA! thats a gasser).

Rachel's picture

I thought the charter

I thought the charter commission was Commissioner Briggs' idea?

Sam's picture

Larry, if you think it was bad being there,

it was even worse trying to watch it on Comcast channel 12. All the dull and uninteresting blab, blab, came through fine but when it got to all the interesting stuff there was no hearing it for all the static.

I feel like Comcast owes us some explanation for the poor service.

Anonymous's picture

Scoobyitis

Ragsdale is now suffering from Scoobyitis. Politically, instead of getting even sillier, this is a time for him to keep his mouth closed, or pick a popular off-the-subject issue and run with it. But, like Scooby, he just can't. Instead, there he is, talking about subpoenas from the mayor's office. His opponents have him playing their Hutchisonesque game. The man desperately needs a savvy political advisor, which he has simply never had.

knoxvegas99's picture

I thought the charter commission was Commissioner Briggs' idea?

It was.

Larry Van Guilder

Anonymously Nine's picture

A few things have been left

A few things have been left out of the coverage of Monday's County Commission meeting.

First, the taxpayers have to pay one dollar for each vote verified by the Election Commission. That is $40,000 per petition.

Second, Law Director John Owings opined that it is not legal to place five Charter Amendments on one ballot and four Charter Amendments on another ballot. Since they are currently eight Charter Amendments left, that would cost the taxpayers $320,000 dollars for eight petitions.

The Charter Review Committee is the proper process to amend the Charter. If there is not enough time left for a Charter Review Committee, then either the number of Charter Amendments should be reduced, or this process should be be done in 2010.

This all could have been avoided if the Knox Charter Petition had read the existing Knox County Charter and requested a Charter Review Committee back last September. Their failure to follow the proper process and their delay waiting until almost no time was left has put Knox County in a difficult position.

Rachel's picture

Second, Law Director John

Second, Law Director John Owings opined that it is not legal to place five Charter Amendments on one ballot and four Charter Amendments on another ballot.

No. He opinined that is not legal for Commission to do so. Amendments added by petition don't have to face the same rules.

BTW, I want the amendments separated so that they are easier to understand and vote on. But I understand the difficulties in getting enough signatures on 9 separate petitions (and that also means more taxpayer $$$ to verify all those signatures).

This all could have been avoided if the Knox Charter Petition had read the existing Knox County Charter and requested a Charter Review Committee back last September.

This could all be avoided NOW if Commission would approve a Charter Review Committee, which they refused to do. What makes you think they would have approved it last fall in the middle of the Sunshine Law Suit mess?

bill young's picture

rachel

Are you sure thats what john said?

i'm hearing otherwise.

Rachel's picture

He definitely said

He definitely said Commission had to do the amendments separately.

And then he said that the petitioners didn't, although he was hearing that they might be moving in that direction.

At least that what I heard. I'm sure that's what I heard. OTOH, my hearing can be bad.

bill young's picture

rachel

you heard right

i heard wrong

petitioners do not have do separate
petititions

bill young's picture

I disagree;petition is proper

The charter provides for amendments per a petition by the people.

Therefore,petitioning the government to place charter amendments on the ballot is proper.

Futhermore,there is no proviso per charter with respect to the cost.

Nor a restriction on how many amendments can be brought forth by the people.

If the people per petition present an amendment or amendments to the Election Commission in accordence with the charter the Election Commission is required to qualify or not qualify those petitioned amendments for placement on the ballot.

It does not matter if its 1 or 100.

Anonymously Nine's picture

While citizens have the

While citizens have the right to create Charter Amendments, that does not ensure they will be sound Charter Amendments. Isn't some review process needed to ensure that no flawed Amendment reaches the ballot? The petition process can omit legal review. Isn't the Charter Review Committee a better way?

As far as to the costs for verifying the petitions not being specified in the County Charter, the Law Director was referring to State Law. Each petition will cost taxpayers $40,000.

bill young's picture

Petitions

The people have a right to petition government.

Some folks may not like it but if petitions to amend the county charter are presented per law there is no debate on the cost.

The county government will pay for the process to qualify the amendment petitions to be placed on the ballot.

I believe in the bedrock right of the people to petition.

Anonymously Nine's picture

I believe in the bedrock

I believe in the bedrock right of the people to petition.

As do I. But this case when nine Charter Amendments are brought forth with so little time is not the ideal situation. You are correct there is no cost to the taxpayer if Commission places the Charter Amendments on the ballot. But if Knox Charter Petition goes the petition route there is a cost of $40,000 per petition. The Charter Review Committee was voted down due to a lack of time.

Would we even have this conversation if Commission was more efficient? Two meetings have been held under the Chancellor Fansler ruling, each meeting was a marathon that lasted well past 1:00 in the AM.

Under the Chancellor Fansler ruling and the Law Director's interpretations of that ruling this County government cannot function. I fully support both the Charter Review Committee and the petition process, but the petition process can allow flawed Charter Amendments on the ballot. So I believe the Charter Review Committee is the better process. It is pitiful that a Charter Review Committee could not be seated.

Until Chancellor Fansler provides injunctive relief on his prior ruling can this Commission effectively function?

Rachel's picture

The Charter Review Committee

The Charter Review Committee was voted down due to a lack of time.

The Charter Review Committee was voted down because some Commissioners don't like what they might have ended up placing on the ballot. And I must say - since Commission unanimously voted FOR it in Committee - I thought it was pretty sneaky of them to turn around and vote it down at the meeting. I especially like the way Roundtree & Lambert used breaking the Sunshine Law as an excuse for not voting on it.

Would we even have this conversation if Commission was more efficient? Two meetings have been held under the Chancellor Fansler ruling, each meeting was a marathon that lasted well past 1:00 in the AM.

It's not Fansler's ruling that keeps them there past midnight. It's all the grandstanding from the likes of Moore & Lambert.

I watched City Council last night. They finished in an hour and a half. Now granted, they meet twice a month - so double that and you get three hours. Add one hour per month for Beer Board and you get 4 hours.

Granted, Council sometimes goes longer, but they are more efficient because they are more EFFICIENT, not because they don't obey the Sunshine Law.

reform4's picture

I say again..

"Until Chancellor Fansler provides injunctive relief on his prior ruling can this Commission effectively function?"

They are functioning the way they ought to. Deliberations are out in the open where we can all see them. The long meetings can be traced to two commissioners, one who spends two hours each meeting grandstanding on the Ragsdale investigations, the other offering substitute motions to try to hamstring anything he doesn't like. Tone down those two activities, and these meetings would return to normal pace.

That argument that Fansler's ruling is causing long meetings or limiting County Commission's operations are total hogwash.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
(link...)

Anonymously Nine's picture

That argument that Fansler's

That argument that Fansler's ruling is causing long meetings or limiting County Commission's operations are total hogwash.

Is it?

A Commissioner cannot call another District Commissioner on the phone to schedule a public forum. That limits County Commission's ability to conduct government business. Victoria Defreese was called on a Sunshine Law violation for calling Paul Pinkston to set a meeting time for a public forum. Is that the government you desire? What better example of limiting County Commission is there?

The Sunshine law is about deliberation. Fansler has increased this standard from deliberation to communication. That is not the law. Fansler has legislated from the bench and created an undue burden on all Commissioners and people who do business with County Commission. In addition to that the Law Director has opined that any citizen who tells one Commissioner what another Commissioner said is guilty of a Sunshine law violation. That is ridiculous. That is a blatant violation of the First Amendment.

County Commission meetings used to take four hours. Now they take eight hours. Is the filibustering and bullying of Moore and Lambert an issue? Of course it is. But the meetings are a kangaroo court and the Fansler ruling has limited the ability of County Commission to conduct the business of County government. There is a Chairman who can control Moore and Lambert as well as 16 other Commissioners. How can the folly of the Fansler ruling be set aside? Other than injunctive relief what other course is there?

This County Commission meeting Monday was adjourned before Public Forum. That is a disgrace. This government cannot function properly under the burden of the Fansler consequence and the Owings interpretations.

reform4's picture

I'm going to have to respectfully disagree on several points...

A Commissioner cannot call another District Commissioner on the phone to schedule a public forum.

Not exactly true. Old commissioners under ruling may not "discuss" business that may come before commission. Scheduling a meeting does not fall in that definition. New commissioners are only barred from "deliberation."

"Victoria Defreese was called on a Sunshine Law violation for calling Paul Pinkston to set a meeting time for a public forum."

No, Owings asked the question for his report, and she responded that she had made this call. Fansler has not ruled that as a OMA violation, and isn't likely to, given the wording of his ruling (assuming all they discussed was scheduling a meeting).

"Is that the government you desire?"

I desire government with open deliberations.

"The Sunshine law is about deliberation. Fansler has increased this standard from deliberation to communication."

For 11 of the 19 commissioners as punitive action. You may disagree with that approach (I do to some extent).

"Fansler has legislated from the bench"

No. He has inflicted a remedy in relation to those found in violation of the OMA, which he is entitled to do. Again, the "no discussions" ruling only affects those found in violation of the OMA last year. DeFreese could, for example, call Roundtree and Briggs, set a meeting, and even discuss upcoming business, so as long as they do not deliberate. Now, would that be smart? I wouldn't do anything more than set up a meeting.

Does having to have a meeting out in the open restrict commission. NO NO NO NO NO. That's the whole idea of open government.

"In addition to that the Law Director has opined that any citizen who tells one Commissioner what another Commissioner said is guilty of a Sunshine law violation."

I had not heard that, but then again, his opinion doesn't have force of law. He's in a position of having to give overly cautious advice (e.g., don't use your party chair as a go-between to have secret deliberations). It's not a bad opinion and, again, brings us to the good idea of public deliberation.

That is ridiculous. That is a blatant violation of the First Amendment.

The Supreme Court would have to rule on that. Until then, it is the law. There have been 1stAm challenges to other OMA's. They have failed, often under the provision that acts by public officials are not considered "protected speech." (see Terrell v. Univ of TX). Briefly put, as a government official, you put some of your rights on the table for the public good, just like you give up many of your First Amendment rights when you join the military.

County Commission meetings used to take four hours. Now they take eight hours. Is the filibustering and bullying of Moore and Lambert an issue?

I beg you- watch the tapes and count it up. You'll find roughly three of your missing four hours, the other hour being eaten up by charter amendment business, which is an uncommon addition to the agenda. If you would prefer that our Commissioners deliberate and decide on the charter amendments in private, I'm going to have to seriously disagree with you on that one.

Anonymously Nine's picture

Until citizens can talk to

Until citizens can talk to both of their Commissioners, or in the case of District 5 all three Commissioners, and work out problems the Fansler ruling disenfranchises everyone. The idea that you have to meet with each Commissioner individually and you cannot tell one Commissioner what another Commissioner will do is undemocratic.

Who has enough time to make their case 19 separate times? The Fansler ruling strengthens the executive branch at the expense of the people. Two or three Commissioners in a District should be able to work together with their constituents. The Fansler ruling has turned Commissioners into Jurors. It makes for inefficient government.

bill young's picture

let's see here

1.Fansler's ruling was right & the commissioners need to follow it.

2.I was for the appointment of a Charter Review Committee & sent an e-mail to both 1st district commissioners asking them to support it.I believe they both did.

3.I agree that Knox County Petitions did not dot their i's or cross their t's in their approach to the charter amendments.

Anonymously Nine's picture

Depends on what the meaning of the word "such" is...

(link...)

Reasonable people can disagree. I see it differently.

Fansler quotes Sunshine law from Florida, Colorado, Virginia, Texas, and Wisconsin. The most restrictive Sunshine law States.

Fansler cites "factions" on County Commission in his ruling. He labors over the definition of the word "such".

His conclusion extends the Sunshine Law as written and makes it where no communication between Commission members is allowed except in public meetings. The intent of the Sunshine law was to prevent deliberation between Commission members in private. It was not intended to make communication of a public meeting a thought crime.

I submit that Fansler's ruling does not achieve his stated goal of "enabling Commission to effectively, efficiently and collegially, go about conducting the business of Knox County in public."

The Court is not unmindful of the burdens imposed upon part time citizen legislators by the Open Meetings Act. It has been argued that the act should not apply to conversations between two district mates. The Court has pointed out that it is the Charter of Knox County that must comply with the Open Meetings Act and not the contrary. Thus, if it is difficult for the Commission to conduct its business in compliance with the Open Meetings Act with two representatives from each district then it is within the power of the Commission to remedy this issue.
In rendering this decision, the Court is uninfluenced by any motive, intent, scheme, or the lack thereof on the part of any individual Commissioner or group of Commissioners. Compliance with the Open Meetings Act is demanded regardless of one’s motive or intent.

It is the hope of this Court that this lengthy trial, the findings of fact by the jury and the conclusions of law by this Court will be instructive to the members of the Knox County Commission enabling them to effectively, efficiently and collegially, go about conducting the business of Knox County in public.

Rachel's picture

You know what, it doesn't

You know what, it doesn't really matter what you think of Fansler's ruling. It's the ruling. Commission has to follow it.

I personally don't think it's the reason their meetings run so long, but if it is, so what? They could have handled Black Wednesday better and not been sued. They could have settled when the KNS offered and Owings advised them to do so.

Instead, the insisted on a trial, and the ruling was the result. They'll just have to live with it. Every time one of them whines about it I have less & less sympathy.

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