Voting on whether to allow constables in Cannon County to continue to have law enforcement powers was one of the major topics of the Cannon County Commissioners meeting. The quarterly meeting was held Saturday morning with all commissioners present. The commissioners approved by majority vote budget amendment requests by the Board of Education, Sheriff’s Department, and Solid Waste.The next item the commissioners discussed was the second reading of resolution
2011-3, the removal of law enforcement powers of the office of Constable of
Cannon County. There had been some concern that the first reading may have
been in violation of the open meetings law, as the item was not set off by itself on the actual agenda in the January meeting. Instead, the matter was grouped under the category of other business. Commissioner Mark Barker asked commissioners to go back and reconsider the measure on first reading rather than second.
County Mayor Mike Gannon sent each commissioner a copy of a letter by Elisha Hodge, state open records counsel. Hodge said she couldn’t make a definitive ruling based on the information she was given. However, she strongly advised Gannon to contact County Attorney Mike Corley. Corley said it would be simpler to consider this the first reading and come back in July with a second. Lillian Todd, an audience member, was recognized and voiced her support of the constables keeping their law enforcement powers. She questioned why the extra help wasn’t welcome in the community.
Gannon said there was no intention to leave the matter off the January agenda. Gannon said he had put the agenda out two weeks before the meeting, to give people plenty of notice, and the request to add the matter after the agenda had been distributed. At that point, he said his only choice was to add it under other business.
Commissioners agreed that there was no intentional attempt to break the open meetings or any other laws. Commissioner Jim Bush said since there was a grey area, he would like to treat this as a first reading, so there would be no question about how the matter was handled. The process of considering the matter on first reading meant someone would make motion to rescind the first reading. Once passed, a commissioner would have to make a motion to make it a first reading.
The discussion then turned to the minimum qualifications that a constable has to
have. County Commissioner Kevin Mooneyham, who is also the Assistant Police Chief of the Woodbury Police Department, said all constables have to do is be able to read and write. Mooneyham said until constables have to meet the same qualifications and training that police officers must meet, they shouldn’t be able to exercise law enforcement powers. Mooneyham added that he believes constables should wear a specific uniform and drive a specific vehicle. He cited a recent traffic stop where a constable showed up in his personal car.
Constable Jim Gibbs, who has been the most outspoken against allowing commissioners to strip the powers of the constables, showed up late but just in time to question and start a heated exchange between himself and Mooneyham. Mooneyham asked Gibbs if he was recognized by the Tennessee POST Commission. Gibbs responded that it didn’t make any difference but that he was recognized by the Tennessee State Legislature as being a law enforcement officer whether Mooneyham liked it or not. Mooneyham told Gibbs that POST certification is required of all law enforcement officers in the state. After a couple more verbal exchanges, Executive Gannon asked for a motion. Commissioner Tony Neal made a motion to rescind the first reading. It was seconded by Jim Bush.
Mark Barker, Russell Reed, Jim Bush, Tony Neal, Clint Higgins voted yes to
rescind. Jimmy Mingle, Todd Hollandsworth, Bob Stoetzel, Kevin George, and
Kevin Mooneyham each voted not to rescind. The tie meant that Executive Gannon had to break the tie. He voted to rescind the first reading back in January.
Mooneyham then moved to consider the resolution on first reading. Jim Bush seconded. Mark Barker and Tony Neal voted no. Jimmy Mingle, Todd Hollandsworth, Bob Stoetzel, Kevin George, Clint Higgins, Jim Bush, Russell Reed and Kevin Mooneyham voted yes. The motion passed 8-to-2 on first reading to strip constables of law enforcement powers. It will become effective immediately if it passes the second and final reading in July.
Next, Executive Gannon gave a report of the formation of the County Audit Committee. A sample resolution was sent by the state. Gannon filled it out and sent it to the comptroller’s office for approval. Executive Gannon has not heard anything since then.
The commissioners did not reconsider the building code proposal brought up during the January meeting. Because of this, Cannon County will not get the maximum points on the point system for certain grants it applies for, and will have to reconsider the matter yearly to opt-out of the program each year as required by the state to do.
The Commissioners voted to name the bridge on Cavendar Road the Margie E. Vinson Memorial Bridge.
The next item was to rename the Cannon County County Fairgrounds the Joe Wimberly Memorial Fairgrounds. After this was put on the agenda, it was brought to County Executive Mike Gannon’s attention that the fairgrounds already had a name. Back in the late 40s early 50s the Lions Club helped the county purchase the property and has been known as the Lions Fairgrounds. Executive Gannon requested and got approval by the commission to check on the matter and come back with something in July.
After discussion of the working of two resolutions 2011-5 and 2011-6, which authorize the issuance, sale and payment of three year capital outlay notes, the commissioners approved each resolution separately.
Resolution 2011-5 replaces an ambulance with the cost of $77,500. Commissioners Barker, Mingle, Hollandsworth, George, Higgins and Neal voted for passage. Russell Reed, Jim Bush, Kevin Mooneyham and Bob Stoetzel voted no. The authorization was granted 6-4.
Resolution 2011-6 concerned the cost of $93,225 for the courthouse renovation project. Commissioners Barker, Mingle, Hollandsworth, George, Higgins and Neal voted yes. Commissioners Reed, Bush, Mooneyham and Stoetzel voted no. The authorization was granted by 6-4 approval.
The commissioners approved Kerry Hutchins to replace Joe Nichols on the Equalization Board. Nichols died recently. The commissioners voted 8-to-2, and the motion passed.
The commissioners approved Wade McMankins to replace James B. Jernigan on the Joint-Economic Community Development Board. The commissioners voted 8-to-2 and the motion passed.
John Naylor, Chief of the Westside Volunteer Fire Department, told commissioners that the county-owned pumper truck has been down due to water leakage problems. He said the truck will not hold water. Naylor got a bid of $10,000 to repair the truck and came before the commissioners to get permission, as they are over budget. It was decided that there should be more bids gathered to repair the truck before commissioners act on it.
Dr. Leon Reuhland addressed the commissioners about the domestic violence problem in the county. He backs the Cannon County SAVE program and urged the commission to budget $5,000 for the program in the upcoming budget.
Executive Gannon brought a resolution before the commissioners for a Farmers Market Building. Bruce Steelman is heading up the project. Neal Applebaum is helping put together the proposal for a Rural Business Enterprise Grant in the amount of $50,000 from USDA Rural Development. The County would contribute $15,000 of county funds upon awarding of the grant. The proposal calls for the building to be built next to the Arts Center of Cannon County. The Arts Center agreed to this on a 40 year lease. The motion was made by Mark Barker and seconded by Jimmy Mingle to grant permission to continue to apply for the grant. Commissioners Mooneyham, Stotezel, Reed, Bush and Neal voted no. Commissioners Barker, Mingle, Hollandsworth, George and Higgins voted yes. As a result of a 5-5 vote, County Executive Mike Gannon was called on to vote and he voted yes. If the grant is awarded, the contribution of $15,000 of the county funds would then have to be approved by the commission.
Commissioner Russell Reed reported that he has been approached by several residents of Burt Lane who are concerned that the road is named Burt Lane on one end and Conley Lane on the other. It has been requested to name the entire road Burt Lane. The concerns are that some emergency services might be confused and lost if called out on either road. Roy Parker, 911 Director, said in order to rename a road, it takes the commission’s approval. Todd Hollandsworth moved to defer the matter to the 911 Board, along with any other further road name changes, for their recommendation. The motion passed with only Commissioner Mooneyham voting no.
Sheriff Darrell Young would like to get the board’s permission to go forward with jail reconstruction. Gas heaters, tankless systems, air conditioners and other items need to be repaired or replaced. The money used would be from litigation taxes. The commissioners approved Sheriff Young to continue getting bids and estimates on the repairs and construction.
