Local News Articles

Car Plows Into Building due to Stuck Accelerator, No Serious Injuries

December 21, 2012
by: 
Dwayne Page
Car Plows Into Building
Pack Car Hits this Parked Mini-Van Before Running into Building

No one was seriously injured in a bizarre accident Friday morning in which a car traveling through a parking lot, struck another vehicle and then plowed into a building on East Bryant Street.

Central dispatch was notified at 11:10 a.m.

Corporal Travis Bryant of the Smithville Police Department told WJLE that 85 year old Ernest Pack, driving a 2000 Dodge Stratus, was driving through the parking lot around back of Doc's Detail when his accelerator apparently stuck. The car went out of control and hit the rear of a parked Town and Country mini-van belonging to Billy Cripps. Pack's car then came around the parking lot and ran into a building belonging to Charles Atnip, which is used for storage. The force of the impact into the building and a central heat and air unit caused an adjacent small tree to fall onto another parked car, a 2010 Kia Optima, belonging to Alvina Levan.

Pack was treated at the scene by DeKalb EMS but he refused to be transported to the hospital by ambulance. Pack's wife, who was also in the car with him, was not injured.

Members of the Smithville Volunteer Fire Department and Extrication and Rescue Team were also on the scene to provide assistance.

Funeral Home Gives Community a Chance to Show Concern for Victims of Connecticut Shooting

December 21, 2012
by: 
Dwayne Page

A local funeral home is giving area residents a chance to remember those killed during the school shooting in NewTown Connecticut last Friday.

DeKalb Funeral Chapel invites people from DeKalb and surrounding areas to stop by today through January 2 to sign a register book to express condolences to the families of the victims. Michael Hale, owner of the funeral home, said that "it's a way to let those people affected by the tragedy to know they are in our thoughts and prayers".

He said the register book will be sent to a funeral home in NewTown Connecticut to be shared with families of the school and community.

DeKalb County Helps Farm Bureau Insurance Fight Breast Cancer

December 20, 2012
DeKalb County Helps Farm Bureau Insurance Fight Breast Cancer

Farm Bureau Insurance of Tennessee raised more than $350,000 to fight breast cancer this fall, and the company's DeKalb County office played an important role in reaching that total.

The centerpiece of Farm Bureau Insurance's effort was the sale of special edition pink Farmer Charlie hats. More than 52,000 were sold statewide and 250 were sold by the DeKalb County office.

"We were very happy to see the number of people who responded to our pink hat campaign," said Agency Manager Bart Lay. "The people of DeKalb County showed the true heart of our community. Nearly everyone has a breast cancer story to tell, and we were proud to step forward and do our part," he said.

Making Strides Against Breast Cancer is the American Cancer Society's signature event to raise awareness and funds to fight breast cancer. The event unites the entire community to honor breast cancer survivors, educate people about how to reduce their breast cancer risk or find the disease early and raise funds to end breast cancer.

Farm Bureau Insurance of Tennessee participated as a statewide sponsor this year. "The American Cancer Society was thrilled to have Farm Bureau Insurance involved and is humbled by the tremendous outpouring of support received across the state from all Farm Bureau offices and agents, " said Mary Ann Upchurch, state vice president for the American Cancer Society in Tennessee. "All the Farm Bureau agents in Tennessee were involved in some form, whether it was selling pink hats, helping to promote their local walks or holding their own local fundraisers. They all rallied together to help end this disease. Even Farmer Charlie got involved to help. The American Cancer Society could not be more appreciative and thankful for what they have done for in Tennessee and for women everywhere who are battling this disease.

The funds raised by Farm Bureau Insurance will be used to provide free resources and support to the one in two women newly diagnosed with breast cancer who will turn to the American Cancer Society for help and support. Dollars raised will also fund groundbreaking research to find, prevent, treat, and cure breast cancer, as well as help the Society ensure access to mammograms for women who need them.

"It has been gratifying to see the people of Farm Bureau Insurance rally their neighbors and friends to a worthy charitable cause such as Making Strides Against Breast Cancer," said Farm Bureau Insurance CEO Sonny Scoggins. "This terrible disease is so widespread and affects so many people. It was an easy decision to place our corporate emphasis on this project," said Scoggins.

Dowelltown City Lights Contest Winners Announced

December 19, 2012
by: 
Dwayne Page

Winners of the Dowelltown City Lights Contest have been awarded.

Best Overall
First Place: Chris Walker/Terri Dodd of Corley Street
2nd place: Mike and Elizabeth Redmon of Main Street
3rd place: J.C. Byford of Church Street

Best Window
First Place:Joseph and Beth Chandler of Corley Street
2nd place: Carmine Bain of Circle Drive

Best Door/Porch
First place: Bernice Hendrixson of Church Street
Second Place: Mitchell and Victoria Jamison of North Mill Street

Connecticut Tragedy Hits Close to Home for Smithville Man

December 19, 2012
by: 
Dwayne Page
Hugh Kennen

The massacre at the Sandy Hook Elementary School in New Town, Connecticut last Friday hit close to home for a Smithville man, whose mother serves as a kindergarten teacher's aide there and was on her way to work when the shooting occurred.

"She's tough but it hurts," said Hugh Kennen, an employee of Smithport Cabinetry, formerly Kitchencraft." That's something that even sitting here I'll never forget so I can only imagine how hard it is for her to deal with," he said.
(PLAY VIDEO OF HUGH KENNEN BELOW)

Kennen, who is originally from Connecticut but has lived here since 1993, told WJLE Tuesday that he became worried about his mother, Jean Passero and other members of his family after hearing news of the shooting from a co-worker last Friday. "The first thing that happened was I got word from a co-worker who has alerts sent to his phone about major news events and he asked me if I had family in Connecticut. I said yeah. He showed me on his phone the first broadcasts that were coming out about it. I saw New Town Connecticut. That's where most of my family lives now. I came in and checked my computer and saw that the school was on lock down. They didn't know much at that point but they knew there had been a shooter. I picked up the phone and called my mother but her line was busy so I called my sister who also lives in New Town and got through to her so luckily there wasn't a long period of time where there was a lot of doubt that at least my close family was safe," he said.

"My mother was leaving the grocery store to go into school and got the call that the school was locked down so she turned around and went home to turn on the news like most people were," said Kennen. " I got word from my sister that her kids, although they were in school at another elementary school in town, were safe. So my immediate fears were quelled," he said.

Kennen said his mother knew many of the children and staff at the school who were killed and their loss has not been easy for her to accept. "She is a teacher's aide at that school for the kindergarten kids so a good portion of the kids that were in those first grade classrooms were her students from the previous year. New Town, even though it's not a tiny town is very close and she is good friends with a lot of the families. A lot of the staff are close friends of hers so it wasn't easy for her to get the phone calls from the other parents." he said.

The tragedy has also left an impression on Kennen, who knows that area of Connecticut so well. "From where I'm sitting, to see the places that I've been to and people that I know in just complete panic and turmoil and tragedy, it hits home and I haven't lived there in a long time so I can imagine it's just devastating for people that are actually involved. It was crazy. I'm not sure what breaks inside somebody's head that can make them walk into an elementary school and do this. I don't understand it," said Kennen.

Local Business Named in TDCI November 2012 Disciplinary Actions Report

December 19, 2012
by: 
Dwayne Page

The Tennessee Department of Commerce and Insurance has released its latest Disciplinary Actions Report for November 2012.

The disciplinary actions report is issued each month by Commerce and Insurance's Division of Regulatory Boards. Each board and commission is empowered by statute to take disciplinary action, including the revocation of licenses and assignment of civil penalties, against license holders found to have violated laws governing their professions.

One local business, DeKalb Funeral Chapel, is named in the report.

REGULATORY BOARDS Disciplinary Action Report:

Board of Funeral Directors and Embalmers

Respondent: DeKalb Funeral Chapel, LLC, Smithville, TN

Violation: Knowingly permitted an unlicensed person to engage in the profession of funeral directing, aided and abetted an unlicensed person to practice within the funeral profession on multiple occasions, violation of a statute pertaining to the prearrangement or pre-financing of a funeral, engaged in unfair and deceptive acts or practices including overcharging customers for products and services and failed to properly clean and sanitize a mortuary cot and the preparation room and failed to maintain the preparation room in an orderly manner free from clutter

Action: $3,500 Civil Penalty

Respondent: Vicky Sandlin, Smithville, TN

Violation: Met with the family of a deceased individual and planned funeral arrangements without being licensed to practice funeral directing

Action: $1,000 Civil Penalty

Respondent: DeKalb Funeral Chapel, LLC, Smithville, TN

Violation: Failed to submit the prearrangement insurance application forms to the insurance company within the specified time and failed to file annual reports within the specified time

Action: $1,500 Civil Penalty

Respondent: DeKalb Funeral Chapel, LLC, Smithville, TN

Violation: An agent sold preneed funeral contracts without being registered as a preneed sales agent

Action: $400 Civil Penalty

In response, Michael Hale, owner of DeKalb Funeral Chapel, said these allegations are minor and arose from a state inspection almost two years ago when he was out of town. He said the penalty has been paid and the case is closed.

In a written explanation to WJLE addressing the allegations, "Hale said that "The issue with aiding and abetting an unlicensed practice as a funeral director there was a licensed funeral director/embalmer present the entire time the family was here. This was a family that went to church with us and so my mom was talking to them and said "if you need anything let me know", which was interpreted as acting as a funeral director," wrote Hale

"The cot in question is a cot we use to put a second remains on when we have two in our embalming room. This man that passed away died on a Monday afternoon and we didn't receive (the body) until the following morning because he was an organ donor. The cot is not even used in transporting remains. Being an organ donor, the remains was just embalmed prior to the family coming in to make arrangements," wrote Hale

"The incorrect charges were incorrectly priced on the price list. This issue of overcharging was also not an actual overcharge. It was a family that selected two nights visitation and on the statement of goods, we put $4,220, instead of $3,795 for one night. There are fines assessed for each violation," wrote Hale.

"Also on the pre-arranged funeral, the contract was dated and signed. However, the daughter had to wait and mail a check when she got back home from out of state. The funeral home has a pre-need license. Our insurance agent has a license, but was not aware that he was to have a pre-need funeral sales agent license, which he got immediately. Our state auditor never said a word about him needing a pre-need sales agent license," said Hale

"Every funeral home is fined for violations and the fines vary, determined by the number of violations" said Hale.

THE REST OF THE STATE REPORT IS AS FOLLOWS:

November 2012

Alarm Systems

Contractors Board

Respondent: CEN COM, Inc. d/b/a American Digital Monitoring Kirkland, WA

Violation: Between 2001 and 2010, Respondent provided alarm monitoring services to approximately 150-200 Tennessee customers without being certified by the Board as required, and falsely held itself out on its website as having a Tennessee license number between March 2011 and October 2012, in violation of TCA 62-32-304(a) & (j).

Action:$135,800 Civil Penalty plus $1,825 in Investigatory and Hearing Costs

Respondent: Executive Electrical, Inc., C-1296, Nolensville, TN

Violation: During the entirety of 2008, Respondent operated without employing a Qualifying Agent as required, and permitted during this period two affiliated Virginia security companies to act as alarm systems contractors in Tennessee without being certified by the Board, in violation of TCA 62-32-304(b), (c), (h), & (i) & TCA 62-32-312(c).

Action:$24,600 Civil Penalty plus $2,125 in Investigatory and Hearing Costs

Respondent: Stop Alarms, Inc., C-289, Memphis, TN

Violation:
TCA 62-32-307(d), TCA 62-32-312(a), (c), & (d)
TCA 62-32-319(d) & Admin Rule 0090-01-.05
Failure to register alarm employee within thirty (30) days

Action:$1,250 Civil Penalty

Respondent:Robinson, William, QA-84, Memphis, TN

Violation:
TCA 62-32-304(i), (k), TCA 62-32-307(d) & TCA 62-32-312(a)
Failure to register alarm employee within thirty (30) days

Action:$1,250 Civil Penalty

Barber Examiners

Respondent: Miracles Barber Shop, Memphis, TN

Violation: Barber made a false license

Action: $500 Civil Penalty

Respondent:The Barber Shop, Memphis, TN

Violation: License not posted and sanitation of the shop

Action:$750 Civil Penalty

Board of Accountancy

Respondent: Robert E. Bell, Springfield, TN

Violation: Respondent knowingly participated in arrangement along with former financial advisor to separate clients from their money between 2002 and 2006, resulting in his misappropriation of approximately $750,00 of depositors’ money to his personal benefit, which were discreditable acts and conduct in derogation of his duties as trustee for these depositors.

Action: License Revoked, $110,000 Civil Penalty and $4,743 in Investigatory and Hearing Costs

Board of Architectural and Engineering Examiners

Respondent: Wynn Warner, Unlicensed

Violation: Unlicensed practice of architecture

Action:$2,400 Civil Penalty

Board of Examiners for Land Surveyors

Respondent: Luther D. Hayes, Ten Mile, TN

Violation: Violation of Standards of Practice and Survey Types and Requirements

Action:$1,000 Civil Penalty

Respondent: Thomas Steven Mitchell, Athens, AL

Violation:Unlicensed conduct

Action: $1,000 Civil Penalty

Board of Funeral Directors and Embalmers

Respondent: Anderson-Upper Cumberland Funeral Home, Gainesboro, TN

Violation: Failed to provide the reason for embalming on multiple contracts, failed to maintain a copy of the crematory’s current license and latest regularly scheduled inspection results that the funeral home uses, and unlicensed individuals wore name tags lacking titles which gave or tended to give the impression that the persons were licensed or entitled to practice as a funeral director or embalmer

Action: $250 Civil Penalty

Respondent: Boyd Funeral Home, Ashland City, TN

Violation:Failed to report a change of the establishment’s manager, business card of an unlicensed owner gave or tended to give the impression that the person was licensed or entitled to practice as a funeral director or embalmer, failed to comply with multiple aspects of the Funeral Rule and failed to respond to the Board’s complaint within the time specified in the notice

Action: $1,000 Civil Penalty

Respondent: Carter-Trent Funeral Home, Inc., Kingsport, TN

Violation: Failed to report a change of the establishment’s manager, failed to provide the reason for embalming on multiple contracts and failed to list caskets that the establishment usually offered for sale on the Casket Price List

Action: $500 Civil Penalty

Respondent: E. H. Ford Mortuary Services, Memphis, TN

Violation: Unreasonably refused to promptly surrender custody of a dead human body upon the express order of the person legally entitled to the custody of the dead human body

Action: $750 Civil Penalty

Respondent:Joseph S. Ford, Sr., Memphis, TN

Violation: Refused to promptly surrender custody of a dead human body upon the express order of the person legally entitled to the custody of the dead human body

Action: $250 Civil Penalty

Respondent:Gallant-Riverview Funeral Home, Inc., Fayetteville, TN

Violation: Allowed a funeral director to conduct multiple funeral services while their funeral director license was expired

Action: $500 Civil Penalty

Respondent: Highland West Memorial Park, Funerals & Cremations, Knoxville, TN

Violation: Failed to retain a cremation authorization form and a discrepancy existed regarding prices of outer burial containers on display and the prices on the price list

Action: $500 Civil Penalty

Respondent: N. H. Owens & Son Funeral Home, Memphis, TN

Violation: Failed to retain multiple cremation authorization forms, preparation room floor was found to be in very poor condition and needed to be replaced and failed to respond to the Board’s complaint within the time specified in the notice

Action: $750 Civil Penalty

Respondent: Resthaven Funeral Home & Cremation Services, Clarksville, TN

Violation: Failed to maintain a copy of the crematory’s current license and latest regularly scheduled inspection results that the funeral home uses, failed to comply with multiple aspects of the Funeral Rule and failed to respond to the Board’s complaint within the time specified in the notice

Action: $750 Civil Penalty

Respondent: Smith-Regan Funeral Home, Rutledge, TN

Violation: General Price List, Casket Price List, and Outer Burial Container Price List provided by the establishment were not the price lists in effect at the time of inspection and multiple caskets in the selection room were not listed on the price list

Action: $250 Civil Penalty

Respondent:Snyder’s Memorial Gardens, Inc., Gray, TN

Violation: Signage provided a name other than the exact name approved by the Board, failed to maintain the preparation and public visitation rooms in an orderly manner free from clutter and failed to comply with an aspect of the Funeral Rule

Action: $250 Civil Penalty

Respondent: V. E. Parham and Son Funeral Home, Springfield, TN

Violation: Found to be using a tag provided by the hospital instead of affixing a permanent identification device to the deceased human body, failed to maintain a copy of the crematory’s current license and latest regularly scheduled inspection results that the funeral home uses and failed to comply with multiple aspects of the Funeral Rule

Action: $750 Civil Penalty

Board For Licensing Contractors

Respondent: Eastwood LLC, Kodak, TN

Violation: Poor Workmanship

Action: $1,000 Civil Penalty

Respondent: J.P. Mechanical, Johnson City, TN

Violation: Failure to Report Felony

Action: $500 Civil Penalty

Respondent: Davis Home Repairs, Memphis, TN

Violation: Unlicensed Activity

Action: $1,000 Civil Penalty

Burial Services

Respondent: Carter-Trent Funeral Home, Inc., Kingsport, TN

Violation: An agent sold a preneed funeral contract without being registered as a preneed sales agent and failed to properly complete an annual report

Action: $250 Civil Penalty

Respondent: Forest Lawn Memorial Gardens, Goodlettsville, TN

Violation: Charged non-allowable monument inspection fees, charged installation fees that exceeded the maximum allowed by law, failed to properly make deposits into trust fund and lacked required signage at each public entrance to the cemetery grounds

Action: $750 Civil Penalty

Respondent: Hermitage Memorial Gardens, Hermitage, TN

Violation: Charged non-allowable monument inspection fees, charged installation fees that exceeded the maximum allowed by law, failed to properly make deposits into trust funds and lacked required signage at each public entrance to the cemetery grounds

Action:$1,000 Civil Penalty

Respondent: Queen Ann Funeral Home, Pulaski, TN

Violation: Failed to refund excess funds to the purchaser, the purchaser’s estate or otherwise named beneficiary and failed to file an annual report within the time specified

Action: $1,000 Civil Penalty

Respondent: R. A. Clark Funeral Service, Inc., Bristol, TN

Violation: Failed to submit prearrangement insurance application forms to the insurance company within the specified time, failed to maintain accurate accounts, books, and records in this state of all preneed funeral contracts and prearrangement insurance policy transactions and failed to file an annual report within the time specified

Action: $750 Civil Penalty

Respondent: Terrell Broady Funeral Home, Inc., Nashville, TN

Violation:An agent sold preneed funeral contracts without being registered as a preneed sales agent, failed to submit prearrangement insurance application forms to the insurance company within the specified time and failed to file an annual report within the time specified

Action: $500 Civil Penalty

Respondent: Regions Bank, Houston, TX

Violation: Failed to file an annual report on the proper form and failed to file an annual report within the specified time

Action: $250 Civil Penalty

Cosmetology Board

Respondent:Bella Nails, Jackson, TN

Violation: Unlicensed individual, sterilization of the tools

Action: $2,000 Civil Penalty

Respondent: Elite Nail Spa, Springfield, TN

Violation: Unlicensed individual and dirty drill bits

Action: $500 Civil Penalty

Respondent: Expo Nails, Lebanon, TN

Violation:Unlicensed individuals

Action: $2,000 Civil Penalty

Respondent: Norma’s Beauty Salon, Cleveland, TN

Violation: Unlicensed shop

Action: $2,000 Civil Penalty

Respondent: Serenity Nail Spa, Brentwood, TN

Violation: Unlicensed individual

Action: $500 Civil Penalty

Respondent: Spring Nail & Hair Care, Franklin, TN

Violation: Unlicensed individual, id tags and sterilization

Action: $750 Civil Penalty

Locksmith Licensing Program

Respondent: Nichols Locksmith Service, LSC-272, Clarksville, TN

Violation: TCA 62-11-104(a) Unlicensed activity

Action: $250 Civil Penalty

Respondent: Run Local Locksmith, LSC-324, Centerline, MI

Violation: TCA 62-11-104(e) Unlawful employment

Action: $2,500 Civil Penalty

Private Investigation and Polygraph Commission

Respondent:
Blue Eagle Investigation, Inc., PIC-1986 Overland Park, KS
Jeremy L. Evans, PI-7531, Overland Park, KS
Stuart A. MacFarland, PI-7587, Overland Park, KS

Violation: TCA 62-26-204(a) Unlicensed activity

Action: $500 Civil Penalty

Private Protective Security Services

Respondent:City Security & Safety, Inc., CSC-12338, Norcross, GA

Violation: Failure to pay $ 2,300.00 Civil Penalty

Action: Revocation

Respondent: Event Staffing, Inc., CSC-11670, Norfolk, VA

Violation: TCA 62-35-104 Unlicensed activity

Action: $4,000 Civil Penalty

Respondent:Stonehenge Park Apartments, Memphis, TN

Violation:
TCA 62-35-123 Unlicensed activity
TCA 62-35-134 Unlawful employment

Action: $250 Civil Penalty

Respondent: Sandra D. Shannon, AG-602070, Memphis, TN

Violation: TCA 62-35-120(b) Failure to notify of arrest within thirty (30) days

Action: $500 Civil Penalty

Real Estate Appraisers

Respondent: William H. Bowling, Somerville, TN

Violation: In an appraisal report, the Respondent failed to adequately: summarize the analysis of the prior transfer of the subject and the economic influences in the market; summarize the support for the adjustments in sales comparison approach; summarize the support for the cost approach; and, report the reconciliation of the value indications in the appraisal report.

Action: $500 Civil Penalty and required to attend both a thirty (30) hour Sales Comparison and Income Approach course and a fifteen (15) hour Residential Report Writing course

Respondent: Jayme M. Burns, Franklin, TN

Violation: In an appraisal report, the Respondent failed to adequately: summarize the analysis of the prior transfers of the subject and the subject improvements; summarize the support for the cost approach; and, failed to retain a true copy of the appraisal report submitted to the client.

Action: $500 Civil Penalty and required to attend a fifteen (15) hour Residential Report Writing and Case Studies course

Respondent: Edward G. Browning, Jr., Knoxville, TN

Violation: In two (2) manufactured house appraisal reports, the Respondent failed to adequately: analyze and summarize the analysis of the prior transfers of the subject; summarize the neighborhood characteristics; summarize the support for the cost approach; summarize the support for the sales comparison approach adjustments; and summarize the reasoning for the exclusion of the income approach. The Respondent also failed to submit the work files to the Commission when requested at the time of notification of the complaint.

Action: $500 Civil Penalty and required to attend a fifteen (15) hour Residential Report Writing course

Real Estate Commission:

Respondent: Crystal Lynn Burnes, Gatlinburg, TN

Violation: Failure to timely complete required education

Action: $100 Civil Penalty

Respondent: Great Smokies Management Co. a/k/a Great Smokies Management, LLC, Sevierville, TN

Violation: Unlicensed activity

Action: $1,000 Civil Penalty

Respondent: Judy L. Jones, Sevierville, TN

Violation:
Failure to timely remit monies belonging to others
Conduct which constitutes improper, fraudulent or dishonest dealing
Failure to exercise reasonable skill and care to all parties

Action: Revocation, Civil Penalty of $3,000 and Costs of $2,200

Respondent: Hollace R. McKinley, Smyrna, TN

Violation: Failure to timely complete administrative measures (firm renewal)

Action: $250 Civil Penalty

Respondent: Ronald “Scotty” A. Scott, Jr., Knoxville, TN

Violation: Failure to timely complete required education

Action: $200 Civil Penalty

Respondent: Thomas “Tom” P. Sturm, Lafollette, TN

Violation: Escrow account violation

Action: $250 Civil Penalty

The Department of Commerce and Insurance works to protect consumers while ensuring fair competition for industries and professionals who do business in Tennessee. www.tn.gov/commerce/, @TNCommerceInsur (Twitter), http://on.fb.me/uFQwUZ (Facebook), http://bit.ly/ry1GyX (YouTube)
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County Commission Wants Cookeville Boat Dock to Pay Up

December 18, 2012
by: 
Dwayne Page
Cookeville Boat Dock
County Commission Wants Cookeville Boat Dock to Pay Up

Owners of Cookeville Boat Dock apparently haven't paid all their DeKalb County personal property taxes for several years and members of the county commission have taken action to do something about it.

During Monday night's meeting, Second District Commissioner Jack Barton made a motion to "give this priority number one in our unpaid taxes that our (tax) attorney is going after," said Barton.

The commission approved the motion.

Members of the commission also raised a concern about Short Mountain Village, a housing complex on Mountain Street, and decided to look into their status on payment of taxes owed but county officials learned Tuesday morning that Short Mountain Village is now paid up and current.

From 1998 through the 2010 tax year, owners of Cookeville Boat Dock have been named as defendants in Chancery Court lawsuits filed against delinquent taxpayers. The amount they owe through 2010 in delinquent taxes comes to $137,144.47 with additional penalties assessed each month. The Trustee's office also shows that Cookeville Boat Dock owes $8,368 for the 2011 tax year and $7,593 for 2012.

Each year the attorney for the owners of Cookeville Boat Dock files an answer to the lawsuit, claiming that the county can't "collect a tax on real estate" on federal property since the U.S. government pays in lieu of taxes to the state for the use and benefit of DeKalb County. That constitutes, in essence, double taxation, according to their answer.

But county officials say Cookeville Boat Dock, like other marinas on the lake, conducts business on leased land from the U.S. Army Corps of Engineers and is assessed by the county only for personal property and improvements.

Typically, if someone has an issue about their taxes, they must first pay them and then file a protest or challenge. But except for a year or two when they apparently paid some of their taxes under protest, Cookeville Boat Dock has gone without paying all their taxes for up to sixteen years, according to county officials.

Former Chancellor Vernon Neal recused himself from hearing the case in 2002 citing a personal conflict. Former Circuit Court Judge John Turnbull was designated and appointed to hear the case to its conclusion. After Turnbull retired from the bench, the case was passed on to Judge Amy Hollars but it still has not been settled in court.

In prepared remarks to the county commission Monday night, Barton said Cookeville Boat Dock should pay up " Throughout the process (developing a pay raise plan for county employees) we have struggled to make sure we as a county can afford this (now) and the ensuing years that this plan is in place. Having said that, I want to address something I brought up in the summer that was unanimously approved by the budget committee, but there has been no apparent action on. This matter will help address the monies needed to handle the raises or other projects as we see fit," said Barton.

"This would be the unpaid property and personal property taxes by Cookeville Boat Dock since somewhere in the beginning of the last decade. We have had many tax attorneys since 2001 or so, but we have filed a case to go after the unpaid taxes, somewhere in the early part of the last decade and for whatever reason, the case keeps getting postponed in Chancery Court either at the request of us but most often at the request of the Cookeville Boat Dock's attorney. There have been many issues I am sure as to why this has been postponed so many times and that was due to the long time sickness and subsequent death of Reese Nash, one member of the family that is the owner of the Cookeville Boat Dock. However, at some point business is business and we must force this issue that all of us must and do deal with yearly," he said.

"But my understanding of the taxes, we levy them for their improvements on the federal property they lease from the U.S. Army Corps of Engineers and the Business Personal Property Tax. These are taxes that all businesses are subject to and that all other boat docks pay. I want to make a motion that we give this priority number one in our unpaid taxes that our attorney is going after. Since we filed the case already, I understand legally we can go after all the taxes to the beginning and are not limited by how far back we can go. Not counting penalties or interest that may be due, I believe this amount to be a very significant amount between what has already been turned over to the Chancery Court Clerk and still has not been turned over. Enforcement of taxes serves as a deterrent to others trying to do this and in this area we as a county have failed. If further resources are needed to address this, I would add to my motion that you apprise the budget committee of what is needed to make it a priority and resolve the issue, so that we can collect what is long overdue us," said Barton.

New Dollar General Store May be Coming to DeKalb County

December 18, 2012
by: 
Dwayne Page
New Dollar General Store May be Coming to DeKalb County
Dollar General Store in Smithville

DeKalb County may soon be getting a new Dollar General Store.

The site, currently under development, is located on Highway 70 at Snow Hill.

Local sources say plans for the store are in the making but a media spokesman for the Dollar General Corporation would not confirm it when contacted by WJLE Monday.

DeKalb County already has a Dollar General Store in Smithville and Alexandria.

Dollar General Corp. is a U.S. chain of variety stores headquartered in Goodlettsville, Tennessee. As of January 2012, Dollar General operated over 10,000 stores in 40 U.S. states.

The stores were founded in 1939 by Cal Turner in Scottsville, Kentucky as J.L. Turner & Son, Inc. In 1968, the business changed its name to Dollar General Corporation. In 2007, the company was acquired by the private equity firm Kohlberg Kravis Roberts & Co. (KKR), which took the company public in 2009.

Dollar General offers both name brand and generic merchandise — including off-brand goods and closeouts of name-brand items — in the same store, often on the same shelf. Although it has the word "dollar" in the name, Dollar General is not a dollar store. Most of its products are priced at more than $1.00. However, goods are usually sold at set price points of penny items and up to the range of 50 to 60 dollars, not counting phone cards and loadable store gift cards.

Dollar General often serves communities that are too small for Wal-Marts (although many locations are in relatively close driving distance to a Wal-Mart store). It competes in the dollar store format with national chains Family Dollar and Dollar Tree, regional chains such as Fred's in the southeast, and numerous independently owned stores.

Since the turn of the century, Dollar General has also experimented with stores that carry a greater selection of grocery items. These stores (similar to the Wal-Mart Supercenter, but much smaller) operate under the name "Dollar General Market".

City Poised to Allow 24/7 Beer Sales and On Premises Permits for Eligible Restaurants

December 17, 2012
by: 
Dwayne Page

The City of Smithville may soon allow stores with off premises permits to sell packaged beer twenty four hours a day, seven days a week including Sundays and to allow eligible restaurants to obtain an on-premises permit to serve beer with meals in their establishments.

By a vote of 3-1-1, the Smithville Aldermen Monday night voted to adopt an ordinance amending the Smithville Code of Ordinances regulating beer sales.
(PLAY VIDEO BELOW OF CITY COUNCIL DISCUSSION OF CHANGES TO BEER REGULATIONS)

Alderman Danny Washer proposed the changes and made a motion to adopt the ordinance amendment on first reading. Alderman Gayla Hendrix offered a second to the motion. Alderman Jason Judd Murphy joined Washer and Hendrix in voting for it. Alderman Tim Stribling voted against it. Alderman Shawn Jacobs passed saying he could not support it because of his being an elder at the Smithville Church of Christ.

Second and final reading will follow a public hearing at a special meeting set for Thursday, December 27 at 5:30 p.m. at city hall.

Under the city's existing beer regulations, "It shall be unlawful for any beer permit holder to make or allow any sale of beer between the hours of 12:00 midnight and 6:00 a.m. during any night of the week, at any time on Sunday, and at any time on Christmas Day"

The proposed ordinance amendment would change the regulations to simply make it lawful for a beer permit holder to sell beer twenty four hours a day, seven days a week.

A new section would be added to the ordinance allowing eligible restaurants to obtain an on-premises permit to sell beer with meals.

Alderman Hendrix said she believes Smithville is losing a lot of tax revenue by not lifting the restrictions on beer sales. "With Center Hill Lake, we're such a tourist area and something like this can bring in a lot of tax revenue to our small city because we have so many people coming into the lake from March through October and then even fishermen in the winter. By not doing this all we're doing is giving our tax revenue to surrounding areas. I think it would generate a lot of money for our city. I've heard a lot of comments from people at Center Hill Lake that are coming in from Nashville, Franklin, and Rutherford County, because they come here and then they're frustrated because a lot of them don't realize they can't buy this here and then they have to drive to Cookeville because it's the closest. It's not convenient for our tourists. I'd like to bring more tourism into this community and not have obstacles preventing this," she said.

"I know there will be some concern about the hours," said Alderman Washer. "But we get a lot of tourists who come in here and utilize our lake. They're not coming in here at twelve o'clock and going to the lake. They're coming early. They want to come and make one stop. And they don't just buy beer. They buy gas. They buy snacks, everything they need. Ice, whatever. They want to get it in one stop. They don't want to have to haul it down here. They want to wait until they get here. About the early morning or late at night. If you work second shift and you get off and want to go buy beer, you can't do it because everything is shut down. Right now I think we only have one store that stays open twenty four, seven. You're putting it into a small area but it will allow it for people who want to take it home and relax and not have to get up and go get it the next day. Its just a convenience. And to keep the money in town, that's going out of town. We need that. We've been wasting a lot of money, letting it go somewhere else. I hope people understand that," said Alderman Washer

"I would like to say that I don't doubt that this is a good policy decision for the board to make," said Alderman Jacobs. " I am concerned however that we have had on the ballot this year two referendums that would have liberalized the sale of alcohol in the city limits and both of those were defeated so that gives me some concern. But I want to say up front that I have a clear conflict of interest in this in that I am a church elder and I don't think I can vote on this ordinance as an alderman and then also as a church elder I don't think I can vote yes to it and still honor God and honor the commitment I have to my congregation. That's the reason I am voting the way I'm voting is because I do feel I have a definite conflict of interest," he said.

The proposed ordinance states as follows:
Section 1: A Class 1 On Premises Permit shall be issued for the consumption of beer only on the premises. To qualify for a Class 1 On Premises permit, an establishment must, in addition to meeting the other regulations and restrictions in this Chapter:

(A) Be primarily a restaurant or an eating place; and
(B) Be able to seat a minimum of thirty people in booths and at tables, in addition to any other seating it may have; and
(C) All seating must be part of the premises. In case of any outdoor seating, the outdoor seating area must be accessible from the inside of the restaurant or eating place and the outdoor seating area must have some type of enclosure around it, such as a wall or fencing; and
(D) In addition to the requirements of subsection 8-210(1) (a) through (c), the monthly beer sales of any establishment which holds a Class 1 On Premises Permit shall not exceed fifty percent (50%) of the monthly gross sales of the establishment. As used herein, the term "gross sales" means all retail sales of the permit holder plus any applicable taxes. As used herein, the term "beer sales" includes all retail beer sales plus any taxes applicable to beer sales"

Section 2: Section 8-211 Prohibited conduct or activities by beer permit holders: Section 8-211 (2) is hereby amended by changing the following text: "Make or allow any sale of beer between the hours of 12:00 midnight and 6:00 a.m. during any night of the week, at any time on Sunday, and at any time on Christmas Day to the following: "Make or allow any sale of beer between the hours of 12:00 midnight and 6:00 a.m. during any night of the week".

Kimberly Frazier Named Chief Nursing Officer for DCH and SRH

December 17, 2012
Kimberly Frazier

Kimberly Frazier, RN, BSN, has been named Chief Nursing Officer (CNO) for DeKalb Community Hospital (DCH) and Stones River Hospital (SRH), according to Sue Conley, Chief Executive Officer, effective January 2.

Frazier has worked at DeKalb Community Hospital since 1998, serving since 2011 as Director of the Medical Surgical nursing units as well as ICU and ER. She has been serving as Interim CNO since September. She has also served as Director of Implementations / Clinical Informatics for both DCH and SRH.

“Kim is an outstanding leader who brings significant clinical experience to her new role,” said Conley. “Having her assume expanded responsibilities as Chief Nursing Officer for our two facilities will benefit our patients, our staff and the community. This is a well-deserved promotion for Kim.”

Frazier earned her bachelor’s of science degree in nursing from Middle Tennessee State University and is in the process of completing her master’s of science degree in nursing administration. She has earned certifications in Chemotherapy, Advanced Continued Life Support, Pediatric Advanced Life Support, Basic Life Support, Crisis Prevention Intervention and Emergency Preparedness.

A native of Smithville, Frazier was born in DeKalb Community Hospital. She and her husband Will have four children – Gavin, Isabella, Mackenzie and Alex. She is very involved with DeKalb County High School, having spearheaded DCH’s involvement with the school’s Athletic Department. She also coaches Junior Pro basketball and fast-pitch softball. Additionally, Frazier has served on the Smithville Chamber of Commerce Board.

About DeKalb Community and Stones River Hospitals

DCH and SRH are a part of the Capella-Saint Thomas system of hospitals, a joint venture between Capella Healthcare and Saint Thomas Health, along with sister hospitals Highlands Medical Center in Sparta and River Park Hospital in McMinnville. There are approximately 80 physicians on the combined medical staffs, representing nearly every medical specialty. Both are accredited by The Joint Commission. Established in 1969, DCH is a 71-bed hospital located in Smithville offering 24-hour emergency services and comprehensive diagnostic, medical, surgical and rehabilitative services. Established in 1980, SRH is a 60-bed hospital located in Woodbury. The hospital provides 24-hour emergency care as well as surgical procedures, same day outpatient services, cardiac rehabilitation services, and comprehensive imaging services. Through the Riverside Center, a full range of mental health services for older adults is available, with intensive inpatient services at a 22-bed gero-psychiatric unit at the hospital.

About Capella Healthcare and Saint Thomas Health

Capella Healthcare partners with communities to build strong local healthcare systems that are known for quality patient care and exceptional service. Based in Franklin, Tenn., Capella owns and/or operates 15 acute care and specialty hospital facilities in seven states. For more information, visit www.CapellaHealthcare.com Saint Thomas Health is the market share leader in Middle Tennessee with 6,500 associates serving the region. Saint Thomas Health’s regional health system consists of five hospitals and a comprehensive network of affiliated joint ventures in diagnostics, cardiac services and ambulatory surgery as well as medical practices, clinic and rehabilitation facilities. Saint Thomas Health is a member of Ascension Health, a Catholic organization that is the largest not-for-profit health system in the United States. For more information, visit www.sths.com.

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