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[Shelbyville Times-Gazette]
Shelbyville, Tennessee ~ Monday, December 1, 2008
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City to look at power board appointment options

Wednesday, June 4, 2008

Shelbyville's city council will receive several alternative suggestions on how to appoint members to the Power, Water and Sewer Board after several years of confusion over the proper method.

Councilman Randy Vernon made the suggestion following controversy over the election of members during the past year.

"Over the past three years, we've done it three different ways," Vernon said. "We just need to clarify it due to the big mess that we've had."

"We go with the wind," he added. "We need it set in stone."

The change in the city's charter would require the approval of the state legislature, which can not take place until next year.

Last month, the city received an opinion from the state attorney general that says the mayor can veto the council's choice for power board appointments.

The council sought the opinion of the attorney general last June, after controversy arose over an appointment they made in May 2007 when councilman (and now mayor) Wallace Cartwright refused to vote on appointing a member to the board, citing actions taken in past years.

Refusing to vote left the tally at three votes to appoint Henry Feldhaus with two to return Rayburn Sudberry to the board.

Cartwright later contacted the Municipal Technical Advisory Service for an opinion on the election process. MTAS stated that after reviewing the charter for the power board, the election required a majority vote of council members.

City Attorney Ginger Shofner also looked at the matter and said that four votes were needed for a majority vote, based on City Charter Article III, Section 14. She said she does not believe four votes are always required to elect a power board member, but "it will depend on how many council members are present at the meeting."

Shofner also said that she believed the mayor does not have the right to vote for a power board member.

But according to the opinion of Attorney General Robert E. Cooper Jr., "appointment of a new Board member requires an affirmative vote by the Mayor and the affirmative vote of four Council members. Therefore, a total of five votes -- that of the Mayor and four Council members -- is necessary to appoint a new member."

Durnig next week's council meeting, it will consider approving the fire department's use of a public siren on Lane Parkway as a tornado warning signal, in cooperation with the county's emergency management agency.

The siren is located in an area where many people conduct outdoor activity, including the public square and Thomas Intermediate School. EMA director Scott Johnson asks that it be activated for one minute every 15 minutes during a tornado warning.

It is currently tested at noon each Wednesday.

The council was also informed that the city is working with a business owner to correct problems with a building on East Depot Street that has been deemed unfit for human habitation.

Bricks have fallen from the facade of 109 E. Depot and codes official Scotty Farrar said in April that the building was declared dangerous when its condition was brought to the city's attention at the request of owner Alice Albright, who was having "some issues" with a tenant.

Upon entry to the building, Farrar noticed "serious structure deficiencies" which caused him to declare it dangerous. The walls are damaged and the roof is sagging by several feet due to water that has accumulated over the years.

City manager Ed Craig told council members the city is working with Albright to find ways to make the building safe.



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