Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Procedural Complaint Waters Edge topic
No spam. Unsubscribe anytime.
Resident alleges Water's Edge reconsideration violated procedure; city attorney says council member service on CPWS board required by state law
Summary
A county resident told council the December re-vote on the Water's Edge PUD was procedurally improper and may have violated the Open Meetings Act; the city attorney responded that Tennessee Code Annotated 7-52-108 requires a council member to serve on the Board of Public Utilities and said he found no conflict of interest for Councilman Marshall.
A member of the public told the City of Columbia council that the council27s second vote on the Water's Edge preliminary PUD raised legal and procedural concerns.
Dustin Kittle, a county resident who spoke during the study session, said he delivered a notice letter to the council alleging procedural deficiencies tied to the Water's Edge reconsideration. "A motion for reconsideration can only be made during that same meeting," he said, and "the problem with that is that's a violation of the Open Meetings Act in my professional opinion." Kittle said the developer27s matter previously failed in October, was reappeared on the November agenda and later passed in December after staff-directed action, and he said the city must restart the planning process if it reopens the project.
The mayor noted Kittle27s correspondence and asked City Attorney Hubbell to address related questions about council members serving on the Columbia Power and Water board. Hubbell said CPWS is a public utility owned by the City of Columbia and cited Tennessee Code Annotated 7-52-108, which authorizes the mayor, with council consent, to designate either a council member or the city manager to serve as the council27s representative on the Board of Public Utilities. Hubbell said he had reviewed the matter and "it is my opinion that... there is no conflict of interest associated with [Councilman Marshall] being on the board," and that serving in that role is required by state law.
Kittle also said he will represent an administrative assistant who he said was disciplined after speaking on the Water's Edge issue; council members said they would review the correspondence Kittle cited and may follow up at the Thursday meeting. The study session did not include a legal ruling during the meeting and council did not take a final step on the Water's Edge item during the study session.
Sources: public comment by Dustin Kittle; City Attorney Hubbell's explanation to council.
