Here we go again...

The attorney for Citizens for Blount County’s Future (CBCF) sent legal documents on Monday to, among others, the Board of South Blount County Utility District, Mayor Jerry Cunningham, Micky Roberts, and to the Blount County clerks of court (to insure public court notice), and to the District Manager of SBCUD, Henry Durant.

(link...)

Seems as if the county government hasn't sent anyone a press release on this one.

Anyway, the letter and its numerous attachments give "Actual and Constructive Notice" to the SBCUD and local county government. It appears that 1.) the demand by Mayor Cunningham (through his written requirement that the paid SBCUD board members vote to add fluoride--hydrofluorosilic acid--to the water supply) and 2.) the board's subsequent capitulation to the Mayor's demand to do so creates legal liability for the Board.

Apparently, neither SBCUD nor the Blount County Health Department have given a legally adequate statement or a notification to the customers of the district regarding the problems with introduction of hydrofluorosilicic acid to their drinking water.

The letter also addresses the subject of whether SBCUD comes under any ethics policy itself. And if failure to give adequate notice to the community of a new additive that creates specific complications for certain age groups, those taking certain medications (like fluoride supplements) and those with specific health problems is not an ethical concern, I don't know what is.

The Notice itself is entitled "Potential of Non-compliance, Misrepresentation and Liability" by SBCUD as to the proposed fluoridation of the water supply of the district. It looks like this might be the first step to another lawsuit against the county.

Remember back when the news of this first broke out, a water district spokeswoman said:

"District Manager Henry Durant has been getting a lot of phone calls from people that are upset,” said utility spokeswoman Stacie Keller. “We don’t usually get phone calls (about issues). When I talked with the secretary (Tuesday), they had gotten 10 to 20 calls from customers who were upset and said, ‘You should have done a survey and asked our input.’

and

“As we have stated in the past, the benefits of fluoridation in public water is a very inconclusive issue, with valid research and arguments to support both sides. SBCUD wants to remain focused on moving forward and does not want to allow the issue of fluoridation to diminish our district’s progress nor hinder us from achieving our future goals.”

Link...

So, what will the Mayor and the Health department and the utility district do when the district has gone on record as saying that “the benefits of fluoridation in public water is a very inconclusive issue” and they are faced with a legal notice stating that they need to legally prove that hydrofluorosilicic acid meets all state and federal safety mandates?

That could be funny to watch.

Keep up the good work Citizens!

((link...))

“The beneficiary of this redevelopment is the community,” Coplean said. “We see it as a compliment to the new Pellissippi Research and Development Center.”

Sounds like Southern Loop reared its ugly head again last night. Here's the proposed route, for any newcomers on the scene: ((link...))

It seems to me that they've run a similar poll before: ((link...))

Make sure to take the time to log your vote.

I'm also hearing that the Chamber passed out some sort of questionnaire regarding the extension to their membership this week. Anyone have any details on that?

Boy, Commissioner/Planning Commissioner Scott Helton doesn't miss a trick when it comes to helping out the Mayor's biggest contributors: ((link...))

This is like a big ole Christmas present to people who already received ill-advised RAC status. Note the key words "AND existing commercial development." (Emphasis mine.) There's a big difference between clustering commercial only at key intersections on 411S and at existing ad-hoc industrial parks/metal dumps all along the "scenic" highway.

The Planning Commission seemed to reach a consensus on language suggested by the Hunter Interests Growth Study to recommend clustering of commercial sites on U.S. 411 by zoning at key intersections and existing areas of commercial development.

County Commissioner Scott Helton didn’t want the language to just include key intersections.

“I just didn’t want us to be handcuffed down there,” Helton said.

The proposal had generated discussion about what direction was wanted for the development of U.S. 411 South.

“We have a desire not to have a strip mall all the way down the road to the county line,” Planning Commissioner Rick Brownlie said.

Yes, Heaven forbid we should limit ourselves to the recommendations we paid so much for.

No truer words were ever spoken, than by Bob Kidd re: the win of Jerry Cunningham in the primary for Mayor: ((link...))

"Tonight was a vote for pro-growth," said Kidd, who did not seek re-election. "Put that in your paper."

This article really hit me the wrong way ((link...)).

No matter what your position on the fluoridation of water is, I doubt you will agree that such an important decision should be made based purely on decree of the Mayor and professional fatigue:

“After the careful consideration of a request from the Blount County Mayor’s Office to reconsider fluoridating the county’s water system, SBCUD felt it was no longer in our best interest to exhaust the time and efforts of our executive staff in another public fight over such a divisive issue.

“We understand that our decision will be disappointing to many of our customers and for that we are very sorry. We regret that we are not able to meet the individual desires of each of customers on both sides of the issue.”

Lemme guess: the Mayor is the one who appoints members of the Utility Board and he made it clear he could replace folks who didn't go his way. Is there a copy of the "request from the Blount County Mayor's office"?

While undeniably controversial, the South Blount Utility Board's decision NOT to fluoridate was entirely defensible. There is plenty of evidence to the potential dangers. Not to mention that years of committee/community work had gone into making and evaluating the decision. Then all efforts were undone by a single megalomaniac who can't leave anything up to the people responsible for it?

Perhaps the Mayor never saw this video, from a state legislator who has such items as these on his curriculum vitae:

Fellow, American Academy of Family Physicians
Tennessee Academy of Family Physicians
American Medical Association
Tennessee Medical Association
Lewis County Medical Examiner
Lewis County Health Council

While the Mayor is out and about making decrees, perhaps he will also decree that all families in the South Blount Utility District receive the warning that baby formula should NOT be prepared with the new fluoridated water and that these families must now invest in bottled water or ready-to-eat formula? This is according to the American Dental Association: ((link...)). Oh, and while they still promote fluoride in the water the CDC agrees with this assertion that infants are receiving too much and goes on to say that 33% of children in the U.S. have very mild to mild fluorosis and that they've recently discovered this effect is on the permanent teeth as well: ((link...))

It now appears that the amount of the fluoride contained in the water used for mixing infant formula may influence a child’s risk for developing enamel fluorosis, particularly if the child’s sole source of nutrition is from reconstituted infant formula.

Maybe I'm oversimplifying, but it seems to me it is far easier to provide annual fluoride treatments (and virtually all toothpastes on the market are fluoridated) to the underprivileged than it is to provide bottled water or ready-mix formula to the underprivileged.

When I was a kid, a hundred years ago, they actually gave out fluoride treatments to kids who qualified at school. Don't they still do that?

Our favorite bank hits the news again!

((link...))

Better read it quickly before they retract it.

Change the name of the lawsuit in this story, and this could be just about any story to come out of this particular courtroom in recent time: ((link...))

Is there any way to determine what the average length of a court case is in this division of Blount County Courts compared to a similar division in a county of the same size? Anecdotally, it just seems like a quagmire in there.

It’s been a tough battle for Satterfield — with dismissals, appeals and reversals — that has dragged on in the legal system for more than four years.

I guess noone ever said Lady Justice was swift.

Sadly, in this case, the plaintiff actually died (in 2005) before the matter could be decided, and the judge dismissed the case after her death (not because she died, apparently). Fortunately for her father, carrying on the lawsuit in her name, there's an Appeals Court:

Blount County Circuit Court Judge W. Dale Young dismissed the suit in March 2006, but Satterfield’s attorneys immediately filed an appeal. In April 2007, the Tennessee Court of Appeals reversed Young’s decision, reinstated the lawsuit and charged ALCOA with the cost of the appeal.

(link...)

In all the bruhaha about Harmony Properties, we Blount Countians have largely overlooked a threat at least as great to our signature Chilhowee Mountain view: Look Rock Estates.

Here's a real estate article (I noted it was paid for by the developers, Tom White and Joe Mathis) in the Knoxville News Sentinel from November 7th: ((link...))

What they are selling are "crest view" lots. Meaning, in a Wear's Valley-esque manner, they clear off the very top of the ridge of the mountain so the homeowner can have a full view looking off each direction. And we get a full view of the homeowner throughout the rest of the valley, and most likely, all the way to town. ((link...))

And what are they using to put some urgency in their marketing?

“There are no other residential developments in this area with lots this big that have views from both sides of the mountain,” says White. “We’ve been seeing a trend toward regulations limiting mountaintop development, so with private mountain land drying up, this could be the last chance to build on something like this.”

You think?

In other words, hurry up folks, and help us ruin the mountain before Blount County comes to its senses!

Photos of the place: ((link...))
Another sales article about the place - very reassuring that all lots can be additionally subdivided: ((link...))

Planning Commissioner Rick Brownlie, a really terrific guy and one of the bright spots on our planning commission, has initiated a very neat search utilizing the Daily Times: (link...)

They want to base their study on one conducted recently from Sevier County (shudder): (link...)

“To begin protecting these important resources, one must first identify specific publicly accessible places from which the views of these hillside and ridges are enjoyed. Such places normally include scenic highways, walking trails, scenic lookouts, parks, historic sites and buildings, and canoe and kayak routes.”

So, what views are important to you? Take a few moments and e-mail your thoughts to editor@thedailytimes.com or mail them to Scenic Views, The Daily Times, P.O. Box 9740, Maryville, TN 37803. The suggestions will be provided to the Planning Commission for informational purposes. A top 10 list of most suggested views will be also be published in The Daily Times.

I guess they include these instructions to save "Overlook at Montvale" the ole Ruby Tuesday treatment:

If you have strong feelings about any individual developments in Blount County, feel free to write a letter to the editor.

Just reading the words "Sevier County" in the context of "conservation" makes my blood pressure shoot up:

A guiding principle of the Sevier County study, which can be found online at (link...), was that hillside development should not be completely prohibited. One of the most important recommendations is the principle that all development should be secondary to the surroundings.

I support what they are trying to accomplish. Let's have our own "contest" in parallel. Who wants to start?

Mayor Cunningham is on a roll with the letters!

Look what just popped up at the Daily Times website, re: the Sister City program - ((link...))

Cunningham, who also sent the letter to two county commissioners, said, “I have little love lost of the Russian government in particular” because Russia supplied armaments and advisors to the Vietcong and North Vietnamese Army during the Vietnam war, which killed several of his buddies.

*Update: Lawsy day, the DT has now posted the full text of the letter! ((link...))

**Second Update: WVLT Reporter Steve McLamb reported on the Mayor's letter on the 5:30 p.m. news tonight. ((link...)) They've also posted a photocopy of a "copy" of the original letter on county letterhead on their website at ((link...)). Strangely, Cunningham told McLamb it was a private letter. Hmmmm. Private letter on county letterhead?

Lemongrass (across 321 from Target) is a real gem. It's a nice little white tablecloth place, so it is good for a date, but not too fancy a place to go with children if that's more the stage you're at. They serve "good" Thai food (it may not be the most authentic on the planet, but it IS good) and I enjoy their sushi. They don't have much turnover with their wait staff, so they remember each member of the family, inquire about the ones who are missing, and already know what you're going to order when you walk in there. The staff are very friendly and put everyone at ease.

I don't know if they will ever do it again, because they had an unbelievable crowd, but tonight was Wednesday $2 Sushi night at Lemongrass. They had 3 sushi chefs, so they ticked through the orders in an amazingly efficient fashion. Apparently, it is available for take-out as well.

If anything, I would love to see this restaurant double in size, with about quadruple the parking spaces available.

Now that I'm done grimacing over Mayor Cunningham's choice of words in describing bloggers, I thought I'd take a moment to acknowledge the Daily Times' amazingly extensive coverage of the attack on their journalistic ethics and on the cultural bias of their star reporter/business editor, Mr. Laney (is he Latino?), at the Support Rally for Judge Young. ((link...))

I've been reading the DT off and on for a very long time and would never have believed you if you told me yesterday they would cover that, considering the content was as much about them as it was the good Judge. Noone can claim that the DT did a half-ass job on reporting that little party. One wonders if Mayor Cunningham anticipated that they would tape his whole spiel and post it on the web? Humorously, this included the Mayor's description of the furniture burned for heat by one of the parties in the "ongoing litigation," which he said they never would do. So, noone can claim the reporter got anything wrong, left anything out, or spun it due to his cultural biases this time. I am sure the Mayor, Mr. Overbey, Mr. Bennett, Mr. Finney, and Sheriff Berrong are thrilled with the excellence in reporting.

Kudos to Mark Boxley.

P.S. I came across this blogger's remarks in support of the DT also. It seems he has some history in Blount County: ((link...)) If you find more, or just feel like throwing some love over toward the DT today, feel free to post on this thread.

This came across my email this morning: The Blount County Planning Commission will hold a called meeting on November 27, 2007 at 5:30 P.M. in the Blount County Courthouse Room 430. The purpose of the meeting is: continue revision of the Policies Plan and other plans for the County.

Copies of the Policies Plan and other plans and various analyses may be viewed at (link...) under the Plans section.

Note: If you wanted to provide input, Chairman Scully said last time that if they allowed it, they'd be there all night. So, they didn't allow public input. Unless they do tonight's meeting differently, you'll have to think up a different way of giving your thoughts toward this important planning process.

Tomorrow's 5:30 meeting of the Planning Commission includes in its agenda a section on Long Range Planning. Three really important items stand out:

Here are the links to the supporting documents, the first being the agenda:

a - agenda for November 20, 2007
b - memo on amendments to subdivision regulations public h…
c - memo on rezoning public hearing for 11-20-07
d - memo on plat reviews for 11-20-07 _minus attachments_
e - memo on long range agenda items for 11-20-07 _minus en…

Might be a good meeting to attend, if you are interested in better understanding the process of how regulations are created. (And if your turkey is thawed.)