In a letter submitted to Senator Tim Barnes and and Representatives Joe Pitts, Phillip Johnson and Curtis Johnson regarding action on the proposed charter revisions, Judge Smith voiced appreciation for their input and concerns regarding the city charter but suggested that their input would not be reflected in charter revisions.

Judge Smith  made an e-mail copy of his letter to Clarksville’s state legislators  available  to media and local civic and human rights organizations. In this missive,  Judge Smith acknowledges the work performed by the City Council but cites limitations to its ability and resources to adequately review information and issues on the Council table:

“Our City Council works hard, attends many meetings, and functions in a fashion that, in my opinion, is totally orchestrated and controlled by the executive branch of government.  The bulk of information utilized by the City Council in decision-making is prepared, edited, and shaped by the executive branch of government.  The current structure does not allow the City Council to have staff or resources to independently examine issues, obtain independent legal opinions or independent financial analysis.”

Judge Smith also criticized the city’s administrative structure, noting in his communique  that:

The Clarksville government structure provides no balance of powers, no checks and balances, and no separation of powers.  The executive branch (Mayor) controls the legislative branch by serving as a voting member, presiding over meetings of the legislative branch, and appointing and removing, at will, council committee members and chairpersons.  The judicial branch is equally under the control of the executive branch.  Except for the brief moment of rendering a decision in City Court, the executive branch controls all aspects of the docket, court personnel, and the enforcement or non-enforcement of judgments of the City Court.

Clarksville is the state’s fifth largest city, but, Judge Smith noted,  unlike the state’s top four municipalities, “the Clarksville City government structure is much more similar to cities or towns with a population of 1,000, rather than an expanding municipality with a population in excess of 100,000.” He added that no major city in Tennessee has its mayor as a seated member of the City Council, and summed the state of the city as “a monarchy.”

The Letter

Here is the complete text of Judge Smith’s letter:

Dear Senator Tim Barnes, Representative Curtis Johnson, Representative Phillip Johnson, and Representative Joe Pitts:

Thank you for your suggestions concerning the revised Clarksville City Charter.  The City Council’s analysis of the concerns you raised was, in my opinion, “one-sided,” much like the Charter revision process.  It appears that no meaningful change will occur.

I realize that municipalities in Tennessee exist at the pleasure of the State in their numerous and frequently unusual forms.  Unfortunately, the Clarksville City government structure is much more similar to cities or towns with a population of 1,000, rather than an expanding municipality with a population in excess of 100,000 (e.g. no mayor of TN Big 4 cities also sits as a council member).  The Clarksville government structure provides no balance of powers, no checks and balances, and no separation of powers.  The executive branch (Mayor) controls the legislative branch by serving as a voting member, presiding over meetings of the legislative branch, and appointing and removing, at will, council committee members and chairpersons.  The judicial branch is equally under the control of the executive branch.  Except for the brief moment of rendering a decision in City Court, the executive branch controls all aspects of the docket, court personnel, and the enforcement or non-enforcement of judgments of the City Court.

The revised Charter, in my opinion, conflicts with State law in several areas as it relates to the judiciary.  T.C.A. § 16-18-310(b) provides, in part, “the clerk of the municipal court shall maintain an accurate and detailed record of court proceedings… .”  T.C.A. § 55-10-306(a) provides, in part, “that every magistrate or judge of the court shall keep or cause to be kept a record of every traffic complaint, warrant, traffic citation… .”  The proposed Charter, Article V, section 1(f), provides, “the clerk of the City Court, under supervision of the Finance Department, shall keep or cause to be kept City Court dockets… .”  The proposed Charter assigns judicial statutory responsibility to the Finance Department.  T.C.A. § 16-1-102 provides, in part, that “every court has the power to compel obedience to its judgments, orders, and process… .” The proposed Charter, Article V, section 1(b), states, in part, that “the City Judge shall have power… to enforce the collection of all such fines and costs and, in default of payment thereof, to pursue collection of the same through the City Finance Department and City Attorney.”  The proposed Charter seeks to dictate, limit, or proscribe the method the Court would utilize to “compel obedience to judgments.”  The proposed Charter, Article V, section 1(d), ends with the language “the City Judge, with approval of the Mayor, may remit with or without conditions, fines and costs imposed for the violation of any ordinance or Charter provisions of the City or any part of the same.”  This language, and language in part (e) which states that “the Judge to certify to the Finance Department for collection of all fines,” is gibberish. The elected Judge does not require approval of the Mayor” to discharge judicial responsibilities, and further the Judge does not handle any funds and, unfortunately, all personnel who collect funds, establish dockets, and discharge any other functions related to the judiciary are supervised and accountable exclusively to the executive branch of government.  The Judge cannot “remit” or “certify” anything related to funds.

These are a few obvious conflicts the proposed Charter creates concerning State law and common sense as it relates to the judiciary.  The Charter Revision Committee did not ask for my input, the input of the former City Court Judge, or the input of anyone with judicial experience as they made Charter revisions.  The current Charter is admittedly obsolete and outdated in many areas; however, the proposed Charter does not address fundamental Charter shortcomings.

Without independent branches of government and separation of powers, there are no checks and balances, and the executive branch in Clarksville simply does as it chooses without regard to the proposed or current Charter, statutory law, or Constitutional law.  Our City Council works hard, attends many meetings, and functions in a fashion that, in my opinion, is totally orchestrated and controlled by the executive branch of government.  The bulk of information utilized by the City Council in decision-making is prepared, edited, and shaped by the executive branch of government.  The current structure does not allow the City Council to have staff or resources to independently examine issues, obtain independent legal opinions or independent financial analysis.

The proposed Charter further erodes the concept of independent branches of government and balance of power.  Unfortunately, there does not appear to be a method of accountability for the executive branch, given the total control exercised over the legislative branch of government.  The Mayor presides over the legislative branch, introduces legislation, and votes on any matters he chooses, which essentially creates a monarchy. Unfortunately, I do not see avenues for bringing about positive change unless you act.  Keep asking the hard questions.  Clarksville deserves it.

Thanks for your consideration.

Judge Charles W. Smith

Local councilors and state legislators representing Clarksville have received communications from residents irked with the idea that the revisions were not openly presented to the public prior to the vote seeking state approval.

Monday night’s agenda is as follows:

1. CALL TO ORDER
2. PRAYER AND PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. SPECIAL SESSION AGENDA: RESOLUTION 57-2008-09 Requesting the Tennessee General Assembly to enact legislation to amend the Official Charter of the City of Clarksville
5. ADJOURNMENT

The ongoing saga of the city of Clarksville efforts to construct a marina on the Cumberland River at Fairgrounds Park continues to astound. Having secured funds well in excess of the specified required amount, laying an enormous debt on the taxpayers in the process, the city is apparently stumbling along in baby steps to compile the paperwork needed to gain the federal and state permits to allow the construction to take place at all. All the while the public is being told these are great strides in advancing the dream of a marina into a reality.

2009 Clarksville City Council

Recently, the City of Clarksville announced that excavation bids would be sought by May, 2009, for some excavation to begin at the fairgrounds in July of this year, with Marina construction to be completed by October, 2010.

On February 18, 2009, CO Author Turner McCullough Jr. received the following communication from U.S. Army Corps of Engineers Conservation Biologist Tadd Potter in response to six questions asked of the USACOE:

Mr. McCullough:

Below is our response to your questions.  I hope you find them to be helpful.  Please contact me if you need clarification or have additional questions.

1. Yes, the City of Clarksville needs USACOE prior approval and permission to construct a marina on the Cumberland River at the current Fairgrounds Park location in Clarksville.

2. No, a completed application has not been received by USACE. We still have not received a mitigation plan for the wetland and stream impacts.  The City of Clarksville is currently under negotiations.

3. Currently, our Real Estate Division has the application, minus a mitigation plan.  Until we have received a complete application, a detailed review will not begin.

4. A public notice has not been issued.

5. No approvals have been given by the USACOE to the City for the construction of a marina

6. Corps approval is required for work within corps flowage easement, on  Corps land, within the Cumberland River or fill in wetlands. The City could possibly begin work in areas outside of Corps jurisdiction; however; that would be at their own risk.  There is no guarantee that Corps permission would be granted for a marina facility.  In addition, there are state approvals required for land disturbance activities and excavation in wetlands.

Please understand that this action will take some time before a decision to approve or disapprove is issued.  The coordination process is rather extensive even though the site is already outgranted to the city.

Tadd Potter

It is lamentable that this charade passes as civic-minded advancement for the people of Clarksville. The requirements before the city were reported on this media outlet as far back as November 17th, 2008, then again on December 17th/22nd,’08 and  January 7th, which the city was not admitting. Those deficits remain in place and will not be waived nor overlooked. What’s that old saying, “No job is complete until the paperwork is done.” Well that is most certainly true here. For those that missed it, here’s a reminder:

“In further development, it was learned that the city has taken on a total of $36 million dollars of debt in the fairgrounds marina redevelopment project. The council approved three resolutions approving $32, 324,000 dollars of new leveraged debt to fund the project. Council members explained that bond issues attached to the project’s leveraged debt bonds raised the total debt level to $36 million dollars.”

According to official US Army Corps of Engineers communication of February 17th, the city’s application is still on hold, pending receipt of all required information and documents necessary for a complete application. They have received a signed lease agreement with the marina operator. What remains is the proof of purchase and ownership of land to be used in the wetlands mitigation requirement to offset the wetlands to be lost at the marina excavation site (ED: the Southpoint land the city is attempting to buy?). The application would then be reviewed for completeness and then considered by three separate subdivisions within the Corps. A public notice will be issued when the application is favorably reviewed for completion. Additionally an environmental assessment must then be conducted, before the application will be considered for approval. This is a time intensive process that would not allow for the mayor’s declared start date of this July, much less his stated completion date of 2010. This is standard procedure for the Corps. As it also is with the Tennessee Department of Environment and Conservation, to which the city has not submitted any paperwork whatsoever.

“According the USACOE, the permit process for the Clarksville Marina Fairgrounds Redevelopment Project- Upon receipt of a complete application:

• with the submission of a complete application, an application review will be conducted.
• a public notice will be issued and public comment period would be declared where public questions, objections and concerns will be studied.
• Following the resolution of the public comment and issues, an environmental assessment will have to be conducted and any issues and concerns resulting from that analysis would have to be resolved.
• The USACOE would then consider issuing a permit.’”

– Turner McCullough Jr., CO 11.17.08/12.17.08/12.22.08/01.07.09

The city is also required to get permit approval from the Tennessee Department of Environment and Conservation’s Aquatic Resource Alteration Permit Office. As of Wednesday, February 17th, no application from the City of Clarksville was on file and a review of their permit listing showed no such permit has been issued.”

The facts are out there for those wishing to actually know what is required and where we stand as a city seeking to gain these permits, without which, we can’t proceed. There was a mad rush to secure funding, the money, without an equally excited rush to secure required administrative approval for the actual construction.

The Army of Corps of Engineers welcomes public inquiry. So does the Tennessee Department of Environment and Conservation. Their process is open and above board. Anyone is welcome to make inquiry and information is gladly and freely given. Council members should educate and inform themselves individually of these permit requirements and a realistic time frame for meeting those requirements. They approved this new debt now being borne by the taxpayers. They are responsible to see that it is justified and correctly expended.

The city administration is not playing honestly with the people. Shouldn’t they be held to account? Wouldn’t you be, if you were responsible for this kind of confusion at your job?

AGENDA

PUBLIC COMMENTS  7:15 P.M.: Doug Jackson, Richard Molar and Dean Fain

1)  CALL TO ORDER

2)  PRAYER AND PLEDGE OF ALLEGIANCE

3)  ROLL CALL

4)  SPECIAL RECOGNITIONS

5)  PUBLIC HEARING

ZONING

1. ORDINANCE 45-2008-09  (First Reading, Postponed January 8th) Amending the Zoning Ordinance and the Official Code of the City of Clarksville, application of City of Clarksville relative to travel easements

2. ORDINANCE 51-2008-09  (First Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hock S. Chong, Jeffery B. Long-Agent, for zone change on property at Otis Smith Drive & Bellamy Lane from AG Agricultural District to C-2 General Commercial District  [Request to defer one month]

3. ORDINANCE 52-2008-09  (First Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Michael E. Young, Trustee, Wayne Wilkinson-Agent, for zone change on property at Vaughn Road & Highway 76 from R-1 Single Family Residential District to O-1 Office-Medical-Institutional-Civic District

4. ORDINANCE 53-2008-09  (First Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Michael E. Young, Trustee, Wayne Wilkinson-Agent, for zone change on property at Vaughn Road & Francis Lane from R-1 Single Family Residential District to C-4 Highway Interchange District

5. ORDINANCE 54-2008-09  (First Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Rob Durrett for zone change on property at Dunbar Cave Road & Wilma Rudolph Boulevard from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

6. ORDINANCE 55-2008-09  (First Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Frank Woodard for zone change on property at Warfield Boulevard & Rossview Road from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

VACATION OF PROPERTY

1. RESOLUTION 45-2008-09  Approving vacation of property on Richaven Road; request of James Powell, Bryce Sanders-Agent

6)  CONSENT AGENDA

All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report:

1. ORDINANCE 41-2008-09  (Second Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kenneth E. Wood, Jr., Kenneth E. Wood, Sr.-Agent, for zone change on property at Madison Street & Ballygar Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

2. ORDINANCE 44-2008-09  (Second Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Han S. Yoon for zone change on property at Tiny Town Road & Tobacco Road from O-1 Office-Medical-Institutional-Civic District to C-2 General Commercial District

3. ORDINANCE 46-2008-09  (Second Reading)  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Elizabeth Peterson for zone change on property at Trenton Road & Hayes Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

4. ORDINANCE 47-2008-09  (Second Reading)  Providing for a donation to the Downtown District Partnership and authorizing transfer of property for the Spurline Trail Project

5. RESOLUTION 42-2008-09  Renewing a Certificate of Compliance for retail liquor store for Todd Morris  (Mulligan’s, 2273 Wilma Rudolph Boulevard)

6. RESOLUTION 46-2008-09  Renewing a Certificate of Compliance for retail liquor store for Ramesh Kasetty (Caddy’s Discount Liquors, 2206-B Madison Street)

7. Adoption of Minutes:  January 1st, January 8th

7)  BUILDING & CODES COMMITTEE

Wallace Redd, Chair

8)  COMMUNITY DEVELOPMENT COMMITTEE

Bill Summers, Chair

9)  FINANCE COMMITTEE

Deanna McLaughlin

1. ORDINANCE 48-2008-09  (First Reading)  Amending the 2009 Legislative Department Operating Budget for election expenses  ($10,924)  (Finance Committee:  Approval)

2. ORDINANCE 49-2008-09  (First Reading)  Amending the Official Code relative to employee disciplinary process  (Finance Committee:  Approval)

3. RESOLUTION 43-2008-09  Authorizing a contract with TDOT for purchase of a biodiesel processing system with CMAQ funds   (Finance Committee:  Approval)

4. RESOLUTION 44-2008-09  Authorizing purchase of property above appraised value for Peachers Mill Road Improvements  (Finance Committee:  Approval)

10) GAS & WATER COMMITTEE

Bill Summers

1. ORDINANCE 50-2008-09  (First Reading)  Amending the Official Code relative to utility deposits  (Gas & Water Committee:  Approval)

11)GENERAL SERVICES COMMITTEE

Marc Harris, Chair

2) PARKS & RECREATION COMMITTEE

Bill Forrester, Chair

13) PUBLIC SAFETY COMMITTEE

Geno Grubbs, Chair

14) STREET COMMITTEE

James Lewis, Chair

15) TRANSPORTATION COMMITTEE

Barbara Johnson, Chair

16) NEW BUSINESS

1. Approval of Board Appointments

17) MAYOR AND STAFF REPORTS

18) ADJOURNMENT

AGENDA

1)  PLANNING COMMISSION –  ZONING:  SECOND READING

1. ORDINANCE 41-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kenneth E. Wood, Jr., Kenneth E. Wood, Sr.-Agent, for zone change on property at Madison Street & Ballygar Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District 2. ORDINANCE 44-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Han S. Yoon for zone change on property at Tiny Town Road & Tobacco Road from O-1 Office-Medical-Institutional-Civic District to C-2 General Commercial District

4. ORDINANCE 46-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Elizabeth Peterson for zone change on property at Trenton Road & Hayes Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

ZONING:  PUBLIC HEARING AND FIRST READING

ORDINANCE 45-2008-09  (Postponed January 8th) Amending the Zoning Ordinance and the Official Code of the City of Clarksville, application of City of Clarksville relative to travel easements

ORDINANCE __-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Retail Partners Clarksville, LLC, James C. Fielders-Agent, for zone change on property at Morris Road & Wilma Rudolph Boulevard from C-4 Highway Interchange District to C-2 General Commercial District

ORDINANCE __-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Hock S. Chong, Jeffery B. Long-Agent, for zone change on property at Otis Smith Drive & Bellamy Lane from AG Agricultural District to C-2 General Commercial District

ORDINANCE __-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Michael E. Young, Trustee, Wayne Wilkinson-Agent, for zone change on property at Vaughn Road & Highway 76 from R-1 Single Family Residential District to O-1 Office-Medical-Institutional-Civic District

ORDINANCE __-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Rob Durrett for zone change on property at Dunbar Cave Road & Wilma Rudolph Boulevard from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

ORDINANCE __-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Frank Woodard for zone change on property at Warfield Boulevard & Rossview Road from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

VACATION OF PROPERTY

RESOLUTION 45-2008-09  Approving vacation of property on Richaven Road; request of James Powell, Bryce Sanders-Agent

2)  BUILDING & CODES COMMITTEE

3)  COMMUNITY DEVELOPMENT & HOUSING COMMITTEE

4)  FINANCE COMMITTEE

1. ORDINANCE 48-2008-09  (First Reading)  Amending the 2009 Legislative Department Operating Budget for election expenses ($10,924)  (Finance Committee:  Approval)

2. ORDINANCE 49-2008-09  (First Reading)  Amending the Official Code relative to employee disciplinary process  (Finance Committee:  Approval)

3. RESOLUTION 43-2008-09  Authorizing a contract with TDOT for purchase of a biodiesel processing system with CMAQ funds   (Finance Committee:  Approval)

4. RESOLUTION 44-2008-09  Authorizing purchase of property above appraised value for Peachers Mill Road Improvements  (Finance Committee:  Approval)

5)  GAS & WATER COMMITTEE

1. ORDINANCE 50-2008-09  (First Reading)  Amending the Official Code relative to deposit for water and sewer services outside the city limits  (Gas & Water Committee:  Approval)

6) GENERAL SERVICES COMMITTEE

7)  PARKS & RECREATION COMMITTEE

8)  PUBLIC SAFETY COMMITTEE

9)  STREET COMMITTEE

10) TRANSPORTATION COMMITTEE

NEW BUSINESS

1. ORDINANCE 47-2008-09  (Second Reading)  Providing for a donation to the Downtown District Partnership and authorizing transfer of property for the Spurline Trail Project

2. RESOLUTION 42-2008-09  Renewing a Certificate of Compliance for retail liquor store for Todd Morris  (Mulligan’s, 2273 Wilma Rudolph Boulevard)

3. RESOLUTION 46-2008-09  Renewing a Certificate of Compliance for retail liquor store for Ramesh Kasetty (Caddy’s Discount Liquors, 2206-B Madison Street)

5. Approval of Board Appointments (to be announced)

11) MAYOR AND STAFF REPORTS

12) ADJOURNMENT

13) PUBLIC COMMENTS

14)  WORKING SESSION RELATIVE TO TRAVEL EASEMENT REQUIREMENTS

Community Development/Housing Committee: (new)

Chairman:  Bill Summers. Serving on this committee are  Barbara Johnson,  Candy Johnson,  David Allen,  and Joel Wallace.

Buildings and Codes:

Chairman: Wallace Redd. Serving on this committee are James Lewis, Geno Grubbs, and Joel Wallace.

Finance and Administration:

Chairperson: Deanna McLaughlin. Serving on this committee are Geno Grubbs, Bill Summers, and Candy Johnson

Gas and Water:

Chairman: Bill Summers. Serving on this committee are Deanna McLaughlin, Bill Forrrester andDavid Allen.

General Services:

Chairman: Marc Harris. Serving on this committee are Barbara Johnson, James Lewis and Deanna McLaughlin.

Parks and Recreation:

Chairman: Bill Forrester. Serving on this committee are Wallace Redd, Candy Johnson and Deanna McLaughlin.

Public Safety:

Chairman:  Geno  Grubbs. Serving on this committee are Bill Forrester, Wallace Redd and Joel Wallace.

Streets:

Chairman: James Lewis. Serving on this committee are Bill Summers, Marc Harris, and David Allen

Transportation:
Chairperson: Barbara Johnson. Serving on this committee are David Allen, Jeff Burkhart and Bill Forrester.

The Clarksville City Council will meet in special session Thursday, January 8, at City Council Chambers, 108 Public Square, at 7:30 p.m. to hear the following agenda, which includes a review of the pending marina  lease agreement with developer Greg Batts. The marina vote was postponed from the December 23rd session.

The agenda, including public comments, is as follows:

PUBLIC COMMENTS  7: 25 P.M.

* James Mooneyhan

1)  CALL TO ORDER

2)  PRAYER AND PLEDGE OF ALLEGIANCE

3)  ROLL CALL

4)  TREE BOARD UPDATE

5)  ZONING

PUBLIC HEARING AND FIRST READING

1. ORDINANCE 41-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kenneth E. Wood, Jr., Kenneth E. Wood, Sr.-Agent, for zone change on property at Madison Street & Ballygar Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

2. ORDINANCE 44-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Han S. Yoon for zone change on property at Tiny Town Road & Tobacco Road from O-1 Office-Medical-Institutional-Civic District to C-2 General Commercial District

3. ORDINANCE 45-2008-09  Amending the Zoning Ordinance and the Official Code of the City of Clarksville, application of City of Clarksville relative to travel easements

4. ORDINANCE 46-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Elizabeth Peterson for zone change on property at Trenton Road & Hayes Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

REAPPLICATION FOR ZONE CHANGE

1. RESOLUTION 40-2008-09  Authorizing reapplication for zone change on property at Memorial Drive & Richaven Drive; request of Theodore Johnson, Rufus S. Johnson, III-Agent.

6) NEW BUSINESS

1. RESOLUTION 39-2008-09   (Postponed Dec. 23rd)  Authorizing a lease agreement with Greg Batts for management and operation of the marina  (Mayor Piper)

2. RESOLUTION 41-2008-09  Authorizing the City Garage Manager to sign Federal Fuel Exemption Certificates  (Councilwoman Barbara Johnson)

3. ORDINANCE 47-2008-09  (First Reading)  Providing for a donation to the Downtown District Partnership and authorizing transfer of property for the Spurline Trail Project  (Mayor Piper)

4. Approval of Board Appointments  (Mayor Piper):

Human Relations Commission

Natural Gas Acquisition Corporation

Power Board

Public Building Authority

5. Adoption of Minutes:  December 1st, December 4th, December 23rd

7)  BUILDING & CODES COMMITTEE

8)  FINANCE COMMITTEE

9) GAS & WATER COMMITTEE

10) GENERAL SERVICES COMMITTEE

11) PARKS & RECREATION COMMITTEE

12)  PUBLIC SAFETY COMMITTEE

13)  STREET COMMITTEE

14) TRANSPORTATION COMMITTEE

15) MAYOR AND STAFF REPORTS

16) ADJOURNMENT

1)  PLANNING COMMISSION

ZONING:  PUBLIC HEARING AND FIRST READING

1. ORDINANCE 41-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Kenneth E. Wood, Jr., Kenneth E. Wood, Sr.-Agent, for zone change on property at Madison Street & Ballygar Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District
2. ORDINANCE 42-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Carlos and Mary J. Chambliss, et al, John Davidson-Agent, for zone change on property at Coving Street & Bond Street from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District

3. ORDINANCE 43-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Retail Partners of Clarksville, LLC, James C. Fielders, P.E. – Agent, for zone change on property at Morris Road & Wilma Rudolph Boulevard

4. ORDINANCE 44-2008-09  Amending the Zoning Ordinance and Map of the City of Clarksville, application of Han S. Yoon for zone change on property at Tiny Town Road & Tobacco Road from O-1 Office-Medical-Institutional-Civic District to C-2 General Commercial Distict

5. ORDINANCE 45-2008-09  Amending the Zoning Ordinance and the Official Code of the City of Clarksville, application of City of Clarksville relative to travel easements

REAPPLICATION FOR ZONE CHANGE

1. RESOLUTION 40-2008-09  Authorizing reapplication of for zone change on property at Memorial Drive & Richaven Drive; request of Theodore Johnson, Rufus S. Johnson, III-Agent.

2)  BUILDING & CODES COMMITTEE

3)  FINANCE COMMITTEE

4)  GAS & WATER COMMITTEE

5) GENERAL SERVICES COMMITTEE

6)  PARKS & RECREATION COMMITTEE

7)  PUBLIC SAFETY COMMITTEE

8)  STREET COMMITTEE

9) TRANSPORTATION COMMITTEE

10) NEW BUSINESS

1. RESOLUTION 41-2008-09  Authorizing the City Garage Manager to sign Federal Fuel Exemption Certificates  (Barbara Johnson)

2. Approval of Board Appointments:

Human Relations Commission

Natural Gas Acquisition Corporation

Power Board

Public Building Authority

3. Adoption of Minutes:  December 1st, December 4th

11) MAYOR AND STAFF REPORTS

12) ADJOURNMENT

13) PUBLIC COMMENTS

City Council 2009-2010

In a special session of the city council, Mayor John E. Piper convened the first meeting of the 2009-2010 city council for the purpose of administering the oath of office to newly elected/re-elected members of the council and the city judge. In what is indisputably the shortest of council meetings, this bi-annual swearing-in ceremony was a jubilant gathering for all.

Mayor John E. Piper administers the oath of office

Council members taking the oath of office were James Lewis, Wallace Redd, Candy Johnson, Joel Wallace, David Allen and Jeff Burkhart. Attorney Charles Smith took the oath of office for City Judge. After taking their oaths, the mayor acknowledged the service of Ward 1 Council Representative Barbara Johnson as Mayor Pro Tem. He then nominated Wallace Redd as Mayor Pro Tem for this next term of council. The newly installed council members gave voice approval to the nomination. Redd gave a brief acceptance speech in which he paid gracious acknowledgment to the support he received from his wife. Each official then received a Certificate of Election.

Mayor Piper congratulates new council members as gathered citizens look on during the swearing-in ceremony

The newly sworn city officials posed for photographs as a group and then individually with the mayor, family members and friends. The mayor invited everyone to attend an city hall open house where refreshments awaited all in the fourth floor conference room. Among the many in attendance were City Attorney Lance Baker, Rick Baker from Buildings and Code, Rev. Jerry Jerkins, Pastor Wanda Smith, County Commissioner Martha Brockman, former Councilman Ernest Brockman, former councilman Richard Swift, Mrs. Virgina Hatcher, CPD Chief Ansley and former Mayor Don Trotter.

And so, the new term of the Clarksville City Council has begun.

[Show as slideshow]

Some questions for the council before they vote on this measure, if you please.

1.) What are the terms of this lease agreement?

2.) How long will Mr. Batts be required to actually operate the marina?

3.) What is the projected time frame needed for the city to recoup the $32 million dollars of leveraged debt underwritten to pay for the creation of the marina and the redevelopment of Fairgrounds Park?

4.) Why are  these details not listed in the published version of the council meeting’s agenda?

5. Where is the public referendum required by the city charter when the city enters into an enterprise where the city’s credit has been utilized?

Clarksville, Tennessee Mayor Johnny Piper

This resolution may be about a lease agreement, but the city is extending its debt obligations, utilizing the city’s credit, to fund this project. In November, the mayor sought the council’s approval to taken on $32 million dollars of additional debt.

The Code of the City of Clarksville, Part I, Article VI, Section 8:

Section 8. Elections for giving or lending of city’s credit.

The credit of the city may be given or lent to or in aid of any person, company, association or corporation upon an election to be first held by the qualified voters of such city and the assent of three-fourths ( 3/4) of the votes cast at said election. The city may become a stockholder with others in any company, association or corporation, upon a like election and the assent of a like majority.

Thus, according to our charter, a public referendum, with approval of three-fourths of those voting, is required before this project, much less this lease can be approved. There was no referendum on the November ballot. Too many questions have not been addressed here.

Transparency is key to public confidence and trust. Public view is very opaque right now. The City Council needs to apply a heavy dose of Windex to these proceedings and be the people’s advocate and guardian. The oath of office requires the council to consider and protect the welfare of the citizens of Clarksville, first and foremost. The referendum question should be addressed first. An opinion from the State Attorney General’s Office should be requested immediately to address this matter and preclude the appearance of undue local influence.

After all, $32 million dollars is serious money. Transparency and Public Confidence are dearer still. We can not afford to be foolish with either.

According the USACOE (United States Army Corps of Engineers), the permit process for the Clarksville Marina Fairgrounds Redevelopment Project will require receipt of a complete application; then an application review will be conducted, a public notice will be issued and public comment period would be declared where public questions, objections and concerns will be studied. Following the resolution of the public comment and issues, an environmental assessment will have to be conducted and any issues and concerns resulting from that analysis would have to be resolved. The USACOE would then consider issuing a permit. (Turner McCullough/US Army of Corps of Engineers awaiting TEPPCO permit application/Clarksville Online 12.22.08)

City Council Special Session Agenda

1. CALL TO ORDER
2. PRAYER AND PLEDGE OF ALLEGIANCE
3. ATTENDANCE REGISTRATION
4. CONSENT AGENDA

All items in this portion of the agenda are considered to be routine and non-controversial by the Council and may be approved by one motion; however, a member of the Council may request that an item be removed for separate consideration under the appropriate committee report:

1. ORDINANCE 21-2008-09 (Second Reading) Amending the Official Code relative to signs and advertising structures
2. ORDINANCE 30-2008-09 (Second Reading) Amending the 2009 Building & Codes Operating Budget for expenses related to enforcement of sign regulations ($20,000)
3. ORDINANCE 31-2008-09 (Second Reading) Amending the Official Code relative to animal control
4. ORDINANCE 34-2008-09 (Second Reading) Amending the 2009 Fire Department Operating Budget for two Telesquirt fire trucks ($137,850)
5. ORDINANCE 38-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Sally Hamilton, Lawson Mabry-Agent, for zone change on property at Wilma Rudolph Boulevard & Trenton Road from R-1 Single Family Residential District to C-5 Highway & Arterial Commercial District
6. ORDINANCE 39-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Carrie Rives, Jason Daugherty-Agent, for zone change on property at Tracy Lane & Cherybark Lane from R-1 Single Family Residential District to R-4 Multiple Family Residential District
7. ORDINANCE 40-2008-09 (Second Reading) Amending the Zoning Ordinance and Map of the City of Clarksville, application of Arthur Reynolds for zone change on property at Potomac Drive & Norfolk Drive from PUD-1 Planned Unit Development to R-2 Single Family Residential District

5. RESOLUTION 39-2008-09 Authorizing a lease with Greg Batts for a marina

6. ADJOURNMENT

Clarksville Online has learned that the US Army Corps of Engineers, [USACOE], has not issued the City of Clarksville a permit for dredging operations at the Fairgrounds. Without that permit, no dredging action can take place. The corps received the city’s Clarksville Fairgrounds Marina Application in late November, but it was lacking required information. The permit process is presently on hold. The USACOE expects to receive that information and issue a public notice within the next few months. This will mark the beginning of the process to obtain the dredging permit that will signal the start of construction for the marina.

As outlined in the marina/fairgrounds redevelopment plan resolution approved by the Clarksville City Council at its December 1st Special Session meeting, the city will fund the dredging of the land, install utilities and upgrade road access to the marina development. A private business enterprise will develop the actual marina and its operations.

In November, Mayor Johnny E. Piper unveiled a new addition to the marina layout with the inclusion of a water park added to the other listed amenities of a pavilion, three sports fields, a dog park and arboretum already proposed for the marina complex. There is also a proposal for waterfront condominiums as well. With the addition of the water park, the price tag for the marina project escalated to $32 million dollars. It was proposed that the city leverage three existing loans for an additional twenty-five years, via the Tennessee Municipal Bond Fund, to gain the funds to pay for the marina project.

The marina is the most ambitious development project to have been proposed for Clarksville in quite some time, if not its entire history. Proper planning and execution will be crucial to its success. As taxpayer money is involved in this joint public/private enterprise, the public has a right to be kept informed of the progress made at every juncture of this project. That includes every delay as well. We’ve been saddled with a $32 million dollar debt stake in this project and openness of the process is essential to public trust.

In a special session Monday night, the City Council approved an amendment to the city’s capital project budget, giving the okay to $32 million in new debt and $39 million in re-structured debt for development of Mayor Johnny Piper’s proposed marina, water park and other Fairgrounds “development.” The debt package would extend loans through 2027.

In fact, the “done deal” marina has spurred boats sales, or the illusion and suggestion of boat sales, including the collage of watercraft already on display in a Riverside Drive dealer’s lot and another boat display/storage area strategically poised on the concrete slab that once housed the Fairground Pavilion.

Councilors Wallace Redd, Marc Harris and Wayne Harrison opposed the amendment, with Harris lobbying for a 30-day stay on this vote, a move that would have allowed new city councilors a say in a development project that will, in January, fall under their purview. Not all the new councilors support the marina; the current council make-up was a guaranteed win for marina advocates.

What consideration has been given to traffic flow problems on access roads (state highways) to the new development have been elaborated on. Clarksville already has significant traffic flow issues including along Riverside Drive, and water park/marina development will magnify those issues as well for the people who live, work in or travel that area.

As the new council oversees future development of the marina and the Cumberland as a recreational waterway, it is hoped that among their concerns they will consider the overwhelming noise pollution generated by powerboats and jet skis — the latter can equal the output of a racetrack in one’s back yard. The amount of oil and gasoline residue that seeps from vehicles such as jet skis, particularly older models, is a serious pollutant on many waterways; newer models have adapted to stricter EPA standards. In many forward-thinking states these “toys” have been banned on small lakes and rivers because of the noise, noise pollution, and pollution issues, and earth-friendly reclaiming of rivers and streams — or at least, do no further harm — is the most important priority.

Given that the city for years has endured the stench of wastewater treatment permeating the downtown business and residential district, it would behoove the new council to address that that issue in tandem with any new downtown and riverfront development.

If the current administration is hellbent on this form of development, it is incumbent on the next City Council to be proactive in protecting the natural resources that run through Clarksville, and ensuring that within this development, there are ample protections for the water, the shoreline and the abutting homes and businesses (including new residential development). Or hope that the pollution just runs downstream…rendering it NIMB (Not In My Backyard).

CPRC member Don Sharpe speaks out against redevelopment at "fact-finding" community meeting

“Sued for a half million dollars for speaking out…”

“This ordinance is detrimental to the community…”

“The City Council ‘rubber stamped’ the mayor…”

“I don’t think they have a plan…”

“Our Leadership doesn’t want to listen to us….”

“CHA is a shadow, not a voice…”

“Preying on minority communities…”

“I’ve never been to a public forum where the public couldn’t speak…”

This is what representatives from the United States Department of Justice, the Department of Housing and Urban Development, and the Institute for Justice  heard when they came to Clarksville Thursday to listen to community concerns about the about the city’s controversial redevelopment plans. Seventy people participated in a fact-finding meeting at the New Providence Community Center on Oak Street sponsored by the NAACP and the Urban Resource Center.

Walter Atkinson, Senior Conciliation Specialist with the U.S. Department of Justice Community Relations Service (Southeast Region IV), in stating that the meeting was “to hear community concerns,” said his role was in part to try and avert “litigation.”

“I am here to listen and observe,” Atkinson said, noting that it was letters from NAACP Chapter President Jimmie Garland and Terry McMoore of the Urban Resource Center that focused federal attention on this local issue. Atkinson had been “in communication” with Mayor Johnny Piper and with the Downtown District Partnership Board. Piper, DDP members and most sitting City Councilors did not attend this meeting. Jim Doyle, who was not re-elected to his Ward 8 seat, along with newly elected councilors Candy Johnson, David Allen and Jeff Burkhart did attend the meeting and spoke with the Ward 6 constituency.

The origin of the issue and the center of the controversy, which exploded in November, 2007, is a city ordinance that was quietly developed and passed by the City Council; at its core was section that designated two square miles, 1825 homes and small businesses in the downtown area, including City Hall and the Courthouse, as “blighted,” with the exception of property owned by Austin Peay State University. The ordinance also included an assemblage clause that would allow eminent domain to be used in “assembling” a group of properties to be transferred to private developers who would “maximize” the potential of the land involved.The land in question lies in Ward 6, the city’s only major minority ward, which, according to Garland, may be protected under the Civil Rights Acts of 1964.

In response to the passage of the ordinance, a grassroots activist group was formed: the Clarksville Property Rights Coalition, who staged an initial Standing Room Only meeting at the Hope Center on Legion Street in November, 2007, which attracted 50 people. Several weeks later, a second meeting at the Train Station on 10th Street was not only packed with concerned citizens but had the overflow crowd of 300 spilling out the doors. A postcard campaign was organized and specialists including representatives and lawyers involved in historic preservation and litigation became involved. Subsequent meetings, including one at APSU where the CPRC and others were not allowed to speak or make a presentation to city officials, and another meeting at the Burt School on Eighth Street where a last minute change in building capacity left nearly a hundred people standing in the parking lot, signs in hand, but unable to speak out to officials or hear what being said inside. Piper later admitted that of the written comments from the concerned residents were destroyed.

Joyce Vanderbilt of Kelly's on Riverside Drive displays the controversial ad on redevelopment

With city officials squaring off against Ward 6 residents and business owners, the redevelopment plans became the supercharged issue of 2008; an ad placed in a local newspaper by the CPRC made a case against the ordinance and proposed development, and The case, borne of a highly controversial ordinance passed by the Clarksville City Council in November, 2007, that “blighted” some two square miles of downtown Clarksville, culminated in a libel suit over a newspaper ad taking some city officials to task for their actions in supporting the ordinance that potentially opened the door for taking of properties by eminent domain and for private development.

In that case, Richard Swift, a developer who is a member of the Clarksville City Council, and Wayne Wilkinson, a member of Clarksville’s Downtown District Partnership, sued the CPRC because its members criticized them for supporting Clarksville’s controversial redevelopment plan, which authorizes the use of eminent domain for private development. In a newspaper ad, the CPRC noted that both Swift and Wilkinson are developers and said, “This Redevelopment Plan is of the developers, by the developers, and for the developers.” Virginia’s Institute for Justice represents the CPRC in the case.

Christine Walsh of the Institute for Justice

Becky (McMahan) was sued for a half million dollars for speaking out,” said Christina Walsh, Director of Community Organization for the Institute for Justice. “The Clarksville Center Redevelopment and Urban Renewal Plan violates the rights of home and business owners in the redevelopment area. The saga of how it was passed illustrates perfectly why the abuse of eminent domain is wrong. This plan would not pass muster in many states.”

“We do have the right to speak. We are not a Third World Country. Wake up, Sleeping Clarksville, and realize that this is our community. Question the ordinance and the need for the ordinance, and the potential use for the ordinance… even some of the city councilors did not understand this ordinance, and if they didn’t understand it thow can they vote on it.” — CPRC member

NAACP Chapter President Jimmie Garland Sr.

Jimmie Garland charged the City Council with “rubber stamping” the mayor on this issue and asked where “the plan” for development. “Knoxville showed us a plan and invited the community in; that’s not how it was done here There is no plan here.” Garland said that Clarksville’s present leadership does not want to represent us and “does not want to  listen to us.” (Ed: garland excepted Ward 6 Councilor Marc Harris, who opposed the plan). “Our legislators don’t listen to us.”

“Clearly, the confluence of bad law and politically connected developers here does not bode well for the citizens of Clarksville, who have been virtually abandoned by the very political officials they elected to represent their best interests…Local governments very often disguise their intentions of transferring perfectly fine properties to private developers, declaring so-called “blight removal,” “urban renewal,” or “slum clearance” as the justification for eminent domain. … they hide behind this “public use” concept in their quest to acquire property for the private use of developers.” ~~ Christine Walsh

Walsh noted that Piper himself said the plan “was not written in strict accordance with state law,” at which point the city amended rather than rescind the plan, and took a trip to Knoxville to view that city’s redevelopment  process.

Turner McCullough Jr. speaking about a state law that requires that community bodies must reflect the diversity of the community they represent.

Turner McCullough Jr. said “the mayor himself said there is no plan.” After the APSU public forum in which the “public” could not actively participate, and “when (the public) asked for information, we were told to shut up. We  were not considered.”

Wanda McMoore noted that the ordinance assesses what terms “underutilage” of land, which the Institute for Justice and the CPRC read as property that could rake in more profit and more taxes if uses for something other than what it is (i.e., three homes vs a strip mall, five homes versus and apartment complex, a family-owned restaurant vs waterfront condos).

Edward Vanderbilt of Kelly’s on Riverside Drive questioned why, under eminent domain his land and business could conceivably be taken for a minimum of money that wouldn’t even buy a plot of land somewhere else  while “the mayor sells his land and gets millions” (Mayor Piper owns land along Riverside Drive that is in the redevelopment and marina area).

Kevin Johnson of Veterans Services of America discusses the make-up of redevelopment committees

Kevin Johnson of the Veterans Services of America suggested that beyond stating what they do not want, the residents of the area and members of the CPRC, along with local community leaders, should assess what they do want, what kind of growth and positive change they would like to see in their community, and what they would use in lieu of the present ordinance.

It was noted that legislation passed in 2006 can withhold federal funds to communities that use public money to fund private development.

A theme that ran through many of the statements offered by concerned citizens included the following:

• The assemblage clause is of serious concern
• Eminent domain should not be used for private development. (”Take eminent domain out of this plan.”)
• Elected officials simply do not listen to or want to hear from dissenting constituents
• Developers and real estate people with properties in the affected area should recuse themselves from voting on issues which may benefit them (conflict of interest, ethics)
• The actual authors of the ordinance should be disclosed. (”Who wrote this damned thing?”
• According to law, redevelopment plans in Tennessee must be overseen by a housing authority. A determination of Kevin Johnson of the Veterans Services of America participation in the development and execution of the ordinance and redevelopment efforts should be disclosed (Wanda Mills of the CHA has said publicly the CHA did NOT do a study for this plan)
• Demographics (ethnicity, gender etc) of development and advisory boards should be disclosed and appointees to these public posts should be present at meetings when their appointments are confirmed, rather than simply being “a name on a piece of paper.”
• What are the qualifications of the people who created the ordinance?
• Why aren’t more members, if not all members, of the board from the areas impacted by this law?
• What have HUD and other federal monies really been spent on? Has HUD funding been redirected to other projects outside of the designated districts or parameters?

Walter Atkinson, Senior Conciliation Specialist, U.S.D.O.J.

In summing the comments accumulated during the fact finding meeting, Atkinson asked the audience to consider the following?

• If the plan is dropped, what do you want (in your community)?
• What qualifications do you feel people need to participate on redevelopment and related boards?
• What kind of oversight (and by whom) do you need for your community?

As the meeting closed, Terry McMoore noted that he had sent “many, many emails and invitations to people about this meeting, including city officials and Mayor Piper. Given the Mayor’’s lack of response and absence from this session, McMoore requested that Atkinson himself ask the Mayor to attend the next meeting on this issue.

Also attending were Housing and Urban Development (HUD) Representative David H. King, Director, Knoxville Field Office; , Louisville, HUD Fair Housing Equal Opportunity;  County Commissioner Lettie Kendall; CPRC spokesperson Rebecca McMahan; and Tim Harvey, former City Attorney.

[Show as slideshow]

12►

David Cutting's election campaign was a family affair

In my recent stand for a seat on the Clarksville City Council, I spent $790, or $1.25 for each vote received, and the winning challenger spent $6,740, or $2.68 for each vote received. He and I both wanted to win, worked hard at it (he much longer than I did), and saw a real need to replace the incumbent.

The defeated incumbent, similarly to me, spent less than $1,000 on his campaign, but unlike me, did not work hard at it. The winner received $4,740 in campaign contributions, and a $2,000 loan from himself to fund his campaign. I neither sought nor received contributions, and if the incumbent did, they totaled less than $1,000, or he would have had to file a report. The local newspaper reports none of this public record data, and it is not on the Internet.

The gains to the public are that on January 1, 2009, the incumbent will leave office, and the gain to the winner is obvious. My gains include having met many wonderful people, hearing a voter tell me I am a good man, and facing my wife’s applause at 7:30 p.m. on election night, without her yet knowing whether I won or lost.

My point is that in a few weeks there will be four new members in our city government, each of whom earned the right to assume their seats. The rest of us must help them do their jobs, and encourage them to remain independent of the mess that is city hall. However, we must remove some of the entrenched members of city government who are seeped in questionable practices and/or corruption. Only then will Clarksville progress as a modern city, with equality and justice for all.