Looking back at the top stories of 2009

As we say goodbye to 2009, this is the time of year we traditionally pause to take a look back at the stories from the last 12 months that affected us most and/or had an affect of influence on us.

We celebrate with anticipation opening of our new library, appreciate the new convenience that the Justice Center expansion gives us. We watched in awe as the election administrator controversy unfolded, watched with curiosity as city officials inspected and closed down the Villager Inn, and tried to analyze the change in traditional appointment of the county mayor as commission chairman.

We also celebrated the life of Miss Anna Belle while mourning her loss.

The following is a brief summary of the top stories of 2009 as voted on by the Chronicle editorial staff. They are listed in no particular order or ranking.



Smith ousted as election administrator

For over 33 years Suzanne Smith had quietly handled the job as administrator of elections for Cumberland County with no controversy. That all changed this year when Republicans, for the first time since Reconstruction, gained control of the Tennessee General Assembly.

What resulted was an attack on all sitting county election administrators who had ties to the Democratic Party or had voted in Democratic Primary primaries in the past. In the case of Suzanne Smith, the situation was unique among her peers as she comes from a long line of stout Republican supporters. But in support of her husband, who is a Democrat, she voted in a few Democratic primaries and that led to her ouster, a move headed locally by state Rep. Eric Swafford and engeineered by state Republicans in Nashville.

Swafford denies he had any control or influence over what happened but state and local sources say otherwise. Ironically, Swafford had voted in Democratic primaries before deciding to seek the state house seat representing Bledsoe and Cumberland counties.

The year 2009 opened with Swafford meeting with Smith and suggesting she retire or resign.

Later Swafford told the Chronicle, “I told her as a friend. It is the law that these appointments be handled in this way. I have no control over that, and the Republican Party wants a Republican in that position.”

Swafford next asked sitting Republican Election Commission members who were up for reappointment if they would support Smith or someone else.

Linda Baehr said Swafford told her that the vast majority of Republicans wanted a change and Baehr responded she did not want to serve “at the sacrifice of Suzanne.”

Six elected Cumberland County officials — County Mayor Brock Hill, Sheriff Butch Burgess, Trustee Carolyn Turner, County Clerk Jule Bryson, Assessor of Property David Simcox and General Sessions Judge Larry Warner — signed a letter sent to Swafford, urging him to appoint election commission members who would support retaining Smith.

Swafford responded, several said, by telling them they could be kept off the Republican ballot next election for going contrary to the state party wishes.

The Cumberland County Commission passed a resolution urging Smith be retained, and the Tennessee Attorney General issued a general ruling that election administrators could not be replaced solely for political reasons.

In the end, Swafford recommended the replacement of Democrat Dorothy McDaniels and Republicans Kathye Smith (no relation to Suzanne Smith) and Baehr with Cal Smart, the new election commission chairman, and Denver Cole and Thomas Henderson.

Those three, in an emotionally charged first meeting, voted to oust Smith and replace her with County Commissioner Sharon York.

This resulted in two lawsuits being filed by Smith. One was filed in Circuit Court, claiming that the Smith’s firing was for political reasons and claiming a conspiracy in the firing, and in the process, the open meetings law was violated. Names in that suit are Cole, Henderson and Smart.

The second suit filed in Chancery Court makes the same claims against the Cumberland County Election Commission and Sharon York.

Those suits are still pending. ~ Michael R. Moser



City, Lake Tansi POA reach water agreement

It took weeks of negotiations, the exchange of much rhetoric and an army of engineers and attorneys but in the end, the city of Crossville and Lake Tansi Property Owners Association reached an agreement granting the city conditional access to lake water.

The controversial proposal by the city of Crossville to harvest water from Lake Tansi led to concern over property values, damage to the ecology and diminished recreational use of the lake by residents of Tansi. A group of lakefront residents hired an attorney and threatened legal action to try stop the use of water from the lake that they have said could ruin their enjoyment of the lake.

The months of discussion and negotiations between Chadwell and the POA’s attorney, Bud Gilbert, resulted in an agreement that will allow the city to pump water from the lake during the wet months in order to supplement water levels in an expanded Meadow Park Lake and use water from Lake Tansi while repairs are made to the Meadow Park Dam. The expanded Meadow Park Lake is expected to supply the water needs of city water customers for the next 40 to 50 years, possibly longer.

For the use of the Lake Tansi water, the POA will receive one lump sum payment of $550,000 plus additional payment for any water taken outside of normal wet months and a penalty if water is taken more than allowed by the agreement.

The 15 cents per 1,000 gallons charge would include construction and emergency water draws outside of the Oct. 15 to April 15 wet period, and that charge would double for water draws that go beyond amounts authorized. In addition, the city of Crossville will pay for one-half of all future maintenance or repairs to the Lake Tansi Dam.

The city will also pay up to $60,000 for attorney, engineer and appraisal fees the POA has been charged. The city has agreed to hold the POA harmless from any lawsuits that may be filed over the action. An ultrasonic lake level indicator will be installed to track the lake level and data from the device will be available on the Internet for the public and Tansi residents to check. ~ Michael R. Moser



Cumberland County’s First Lady of Politics dies

In September Cumberland County lost a champion with the passing of retired state Sen. Anna Belle Clement O’Brien. She was 86.

The sister of the late Tennessee Gov. Frank G. Clements, Miss Anna Belle served as a state representative from 1975 to 1977 and then served as state senator from 1977 to 1991. She was the first woman chairman on three committees in the state Senate.

Known for always being the optimist and for her strong belief that “politics is a beautiful word,” Miss Anna Belle championed many causes, ranging from mental health and general health issues to education.

Her leadership is credited with pushing passage of the Better Schools program, and with creating Centers of Chairs of Excellence, Master Teachers and Governor’s schools.

“For a half century, Anna Belle was a pioneer for Tennessee women in politics and an effective force for better schools and health care,” U.S. Sen. and former governor Lamar Alexander said at her passing. “She worked across party lines to help Tennessee become the first state to pay teachers more for teaching well. She relished her integral role as a leader of one of Tennessee’s most consequential political families. She was a delight to work with. I will miss her.”

An overflow crowd of local friends and supporters along with two former governors and many elected officials attended her funeral at Lake Tansi.

She was preceded in death by her husband, former Tennessee Supreme Court Judge Charles O’Brien. ~ Michael R. Moser



Code violations close Village Inn

In May Crossville City Codes Enforcement officers converged on the Village Inn on N. Main St. and armed with an administrative order, carried out an unannounced inspection that resulted in the closing of the motel-turned low-income housing facility.

Owner Dr. Robert Woods said at the time that he was very upset with the way the city handled the situation. “We were completely blindsided by this,” he told the Chronicle.

The inn has 114 rooms but not all were occupied. City codes enforcement officers went room-to-room, inspecting both the inside and outside of the facility and making a list of suspected code violations.

Authorities said they were acting on complaints filed by sources in the school system after children who live at the Village Inn were arriving for class with roach-infested backpacks and bugs on their person.

Complaints were filed with the Department of Children’s Services and with city officials.

Among complaints that were discussed at the scene were a lack of posted fire escape plans, lack of fire extinguishers, unsanitary conditions which included roaches in the rooms and some rooms with mold, loose hand railings and loose steps on outside metal stairs.

Also present were attorneys and an investigator from the 13th Judicial District Attorney General’s Office, City Attorney Kenneth Chadwell and representatives from the Cumberland County Chapter of the American Red Cross and Salvation Army. Linary Church of Christ and First Methodist Church of Crossville offered assistance to those misplaced by the closing.

Wood has since spent thousands of dollars getting sections of the Inn into compliance and a portion of the Inn has reopened. ~ Michael R. Moser



Smith Mountain site of proposed coal ash landfill

Sixteen residents and property owners on Smith Mountain and one business owner filed a lawsuit in August against Cumberland County, the Cumberland County Commission and Smith Mountain Solutions, LLC.

The suit sought a judicial review by writ of statutory certiorari by Ronald Thurman, presiding chancellor of the Chancery Court of Cumberland County, regarding resolution 0609-12 adopted June 15, 2009 by the Cumberland County Commission and/or Cumberland County. The resolution was passed by the county in June allowing Smith Mountain Solutions, LLC to construct a coal ash landfill using ash from the Dec. 22, 2008 coal ash spill at the TVA Kingston plant.

Those filing the suit included Dave Brundage, Black Cat Lodge, LLC, John Coye, Barbara Coye, David Cobb, Sonja Cobb, Michael Lollar, Sherry Lollar, Larry Oran, Mary Oran, Troy Melton, Sandy Melton, Louse Devillon, Joan Devillon, Vincent R. Jozwiak, Carolyn W. Jozwiak, Phillip Miller and Patty Miller.

In November, Ronald Thurman, presiding chancellor of the Chancery Court of Cumberland County, dismissed the lawsuit against Cumberland County over a technicality from a motion to dismiss the suit citing that a verified petition was not filed by the plaintiffs within a 60-day time period as required in Tennessee Code Annotated (TCA) 27-9-102.

The suit was filed in Chancery Court by Elizabeth L. Murphy of Nashville on behalf of the group. County attorney Randal Boston is representing Cumberland County and William L. Penny of Nashville is representing Smith Mountain Solutions in the case. No appeal on behalf of the group has been filed as of yet.

Before any landfill can be constructed, any plans or proposals have to be approved by the Tennessee Department of Environment and Conservation (TDEC). Smith Mountain Solutions was denied the permit by rule procedure for the project in July and is required by TDEC to resubmit the request as a Class II landfill application. That application has not yet been filed. ~ Gary Nelson

 

Hill replaced as chairman of county commission

For the first time since he was elected to serve as county mayor, Brock Hill was not re-elected chairman of the Cumberland County Commission in September

Hill was replaced after 9th District Commissioner Carmin Lynch was nominated to serve as chairman and was elected by the commission in a 10-7 vote.

Hill had served as chairman of the county commission since 1994.

Each September the Cumberland County Commission holds its annual election of officers for the year. In a move that shocked many in attendance, including some commissioners, 7th District Commissioner Mike Harvel motioned to nominate Lynch. Third District Commissioner Johnny Presley immediately supported the motion and it was approved after a roll-call vote.

Hill left the courtroom through the side door after the vote and did not return to the meeting. He has not attended a county commission meeting since.

Hill said he looked forward to working with the county commission in his new role because, “Not being the chairman frees me up for more productive activities.”

Earlier this month the county commission approved new rules which include paying the chairman, if that person is an elected member of the county commission, an additional $250 per month to serve as chairman. ~ Gary Nelson

 

County approves nine-cent property tax increase

County commissioners approved a nine-cent property tax increase in July in order to approve and fund the county’s 2009-’10 fiscal year budget.

Although a seven-cent property tax hike was recommended by the budget committee, it was raised in a motion by 7th District Commissioner Mike Harvel to nine cents in order to prevent cutting the county employees’ longevity pay and in order to freeze their pay at this year’s rate.

After a 9-9 tie vote on whether to raise the property tax rate nine cents, it came down Cumberland County Mayor Brock Hill who was the deciding vote as the chairman of the county commission. Hill voted in favor of the increase.

After the meeting Hill said, “I have never voted to raise taxes, but I felt it was necessary this year.”

According to one commissioner, the county’s fiscal year budget hasn’t been approved this early in at least 19 years.

The new property tax rate was set at $1.33 with 55 cents going to the general fund, 52 cents going to the general purpose school fund, 11 cents going to the sanitation fund and 15 cents going to the general debt service fund.

Voting in favor of the amendment and tax increase were Hyder, 4th District Commissioner David Gibson, 5th District commissioners Jack Davis and Trey Kerley, 6th District Commissioners Wendell Wilson and Terry Carter, Harvel, 8th District Commissioner Jeff Brown, and 9th District Commissioner Clyde Cramer.

Voting against it were 1st District Commissioners Harry Sabine and Jim Inman, 2nd District Commissioner Robert Safdie, 3rd District Commissioners Lynn Tollett and Johnny Presley, 4th District Commissioner Charles Seiber, 7th District Commissioner Kenneth Carey, 8th District Commissioner Greg Maxwell and 9th District Commissioner Carmin Lynch. Breaking the tie vote was Mayor Hill who voted in favor of the increase. ~ Gary Nelson

 

New Justice Center opens in December

Cumberland County Clerk and Master Sue Tollett’s office moved into its new location at the Justice Center in the old Cumberland County High School building.

Circuit Court Clerk Larry Sherrill’s offices moved into the new facility in early December and three of the newly constructed courtrooms have been opened at the new facility.

However, none of the moves were approved by the building and grounds committee of the Cumberland County Commission.

The moving departments sparked a discussion among Cumberland County Budget Committee members during its meeting in December.

“We were told they wouldn’t be going in there until January. Correct? Am I right on this? We gave the sheriff the OK to hire the two new guards last month. I don’t know under what authority they’ve opened these courtrooms and there’s no one here to explain tonight,” said 9th District Commissioner Carmin Lynch.

Commissioners may decide to call a special meeting in order to further discuss and solve the situation. The new jail portion of the Justice Center expansion has not yet opened and will require additional trained staff and funding which could take a few more months. Commissioners serving on the budget committee are going to review the county’s 2009-’10 fiscal year budget performance to see how funding is coming along.

The low bid on the project came in at $12,781,500. It was submitted by Mid-State Construction out of Cookeville. Mid-State was the contractor on Stone Memorial High School and was recently awarded the Phoenix/Alternative School project. The approval also saved the county millions after the commissioners took a risk and rebid the entire project.

The full expansion to the Justice Center adds four more courtrooms, all with space for jury trials, space for court clerks’ offices and office space for two general sessions judges. This includes using the old Cumberland High School located adjacent to the Justice Center. The jail also includes the 96-bed jail pod, and will provide secure transport for inmates from the jail portion of the building to courtrooms so inmates will not come in contact with the public or potential jurors. Construction on the project began in February 2008. ~ Gary Nelson



278th answers call of duty

The largest Tennessee National Guard combat unit in the state reported for training in December, preparing for deployment in Iraq in February.

The 278th Armored Cavalry Regiment was notified earlier this year it would be mobilized. The unit was previously called to service in 2004-2005, also serving in Iraq. The community turned out Dec. 6 to wish the soldiers well. Three buses, loaded with more than 100 troops, were led through town by Crossville Police, Cumberland County Sheriff’s Department, Cumberland County Fire Department and a Vietnam veterans organization. Well-wishers gathered by the Cumberland County Courthouse and war memorial and dotted the four-lane, waving flags as the troops passed.

Soldiers were granted leave last week during the Christmas holiday, but returned to Camp Shelby, MS, on Sunday to continue training. ~ Heather Mullinix



New Art Circle Library nears completion

The new Art Circle Library is scheduled for completion in the next few weeks, with the opening anticipated in early 2010.

The new 33,000-square-foot facility is almost three times the size of the current library, and space will be devoted to a children’s library and young adult area. The facility includes the Carol Darling Reading Room, a conference room and meeting room, audio visual area, a café, and updated learning computers.

Funding for the construction was provided by the Cumberland County Commission, with support from the city of Crossville. The Art Circle Public Library Foundation has been working to secure donations for furniture, fixtures and equipment. There is still time to make a tax-deductible donation by mailing it to Art Circle Public Library Foundation, c/o First National Bank of Tennessee, P.O. Box 3440, Crossville, TN 38557, or call Jim Purcell at 456-2322 for more information. ~ Heather Mullinix

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