91 year old Lottie C. Cubbins of Smithville and a long time resident of the Dismal Community died Saturday of an extended illness at DeKalb Community Hospital. She was a member of the Fullers Chapel United Methodist Church and worked at the Smithville Garment Factory for over 25 years. The funeral will be Monday at 2:00 p.m. at DeKalb Funeral Chapel. Donald Owens and Perry Clayton will officiate and burial will be in Salem Cemetery. Visitation will be Sunday from 1:00 p.m. until 9:00 p.m. and Monday from 10:00 a.m. until the time of the service at 2:00 p.m. She was preceded in death by her husband, James Dalton Cubbins; her parents, Joe and Ocie Neal Turner; sisters, Belle Caldwell and Willie Jo Midgett; a son, Joe Allen Cubbins; a granddaughter, Gelonda Cubbins; and brothers, John Robert and James Turner. Survivors include two daughters, Faye and her husband Joe Taylor of Lebanon and Linda and her husband Randy Tramel of Smithville. Six grandchildren, Jennifer Woodcock of Lebanon, Pam Higgins of Dickson, Gene Taylor of Broken Arrow, Oklahoma, Greg Tramel of Smithville, Jeff Tramel of Murfreesboro, and Melissa Gee of Athens, Alabama. Ten great grandchildren survive. DeKalb Funeral Chapel is in charge of the arrangements. The family has requested that donations be made to the Fullers Chapel United Methodist Church in memory of Ms. Lottie, in lieu of flowers.
Tag Archives: 2006
County Property Tax Rate May Increase By More Than 40 cents
Your county property taxes may be going up this fall.
Just how much hasn’t been determined yet, but the county budget committee is considering recommending to the county commission that the tax rate be increased by 43 cents per $100 dollars of assessed value.
County Mayor Mike Foster met with members of the committee Thursday night and another meeting is set for Monday night to hammer out a proposal.
Foster says if the final proposal is to increase the rate by 43 cents, the distribution would most likely be as follows: General Fund- seven cents, Debt Service-20 cents, School Budget- 13 cents, and Highway Department- 3 cents.
The local road department has never received a share of the property tax rate but Foster says if three cents is allocated to roads, it would be for the purpose of offsetting a loss of state funds.
According to Foster, rising fixed costs is the reason for much of the needed new revenue. For example, in the General Fund, state retirement contributions, as mandated by the state, are up by 59.1% or $40,000; health insurance costs have increased by 14.7% or $16,000; and liability insurance premiums are up 5% or $6,000. Other county departments, including schools, have fixed costs that have also increased and costs of fuel and utilities including natural gas are up.
In addition, Foster says the proposed new budget includes small pay raises of 50 cents an hour for full time employees and 25 cents an hour for part time workers. Other extras include funds to purchase a new ambulance and two patrol cars and $75,000 to build and equip a new fire hall in the Rock Castle community.
The budget committee will finalize the proposed spending plan soon and present it to the county commission for passage, probably in September.
DTC Communications To Refund $1.2 Million To Members
The Board of Directors of DTC Communications announced Friday it will refund $1.2 million this month in capital credits to members. DTC ranks among the highest in the state in member refunds.
The capital credit refunds will be issued to current and former members who paid for service in 1997 from DTC Communications. DTC?s unique structure as a member-owned cooperative gives it the option, based on its financial strength, of offering these capital credit refunds.
?DTC Communications is pleased to be able to provide our members with such a sizeable refund,? said Leslie Greer, CEO. ?It is a tribute to our entire organization that this marks the thirteenth consecutive year DTC?s financial strength has made it possible to distribute a capital credit refund.?
Greer added, ?Members who have moved or changed their names since 1997 should contact our customer service office with the updated information. We want to make sure everyone receives their refunds in a timely manner.?
Current and former members of DTC who paid for service during 1997 should receive checks by the end of August. Members? checks will be based on what they paid that year. Therefore, the amounts will vary from member to member.
Federal guidelines for non-profit telecommunications cooperatives allow the Board of Directors to return periodically to members capital credit refunds in the form of direct payments, when financial strength permits. These accrued reserves, ownership of which is permanently retained by members, are utilized to operate the company, upgrade and expand services, and implement new technologies.
Louie Howard Smith
63 year old Louie Howard Smith of Smithville died suddenly Wednesday at DeKalb Community Hospital. He was a Baptist. The funeral will be Saturday at 2:00 p.m. at the Chapel of Woodbury Funeral Home. Jerry Smith will officiate and burial will be in the Riverside Cemetery. Visitation will be Friday from 4:00 p.m. until 8:00 p.m. He was preceded in death by his parents, Clessie Smith and Meda Merriman Smith and two brothers, Nolan and Horace Smith. Survivors include two brothers, Marvin and his wife Agnes Smith of Murfreesboro and Melvin and his wife Betty Smith of Woodbury. Two nieces, Sherry and her husband Ken Smith of Westland, Michigan and Tammy Tyler of Allen Park, Michigan. One nephew, Frank and his wife Laura Smith of Holly, Michigan. Woodbury Funeral Home is in charge of the arrangements.
Judge Sells Files Chancery Court Lawsuit Contesting Election Results In Her Race
The Committee to Re-elect Judge Lillie Ann Sells, in a prepared news release, announced Thursday that a suit has been filed in Chancery Court today on behalf of Judge Sells, challenging the results of the August 3rd Election for Criminal Court Judge for the 13th Judicial District (comprised of Clay, Cumberland, Dekalb, Overton, Pickett, Putnam & White Counties).
Over 40,240 votes were cast in the seven counties, and the initial, uncertified margin of victory (for Independent candidate David Patterson) was only 9 votes. Among other illegal and irregular activity in this election, the complaint asserts, is that at least 24 absentee ballots were cast illegally; at least 2 felons voted illegally; and at least one voter took part in the election who did not live in the district.
The Tennessee Election Code states that its purpose is to secure “the freedom and purity of the ballot,” and to promote the “maximum participation by all citizens in the electoral process.”
Don Napier, a spokesman for Judge Sells’ campaign, said, “We want as many people as possible to participate in elections, but when the margin of victory is less than the number of illegal ballots cast, the will of the electorate is unclear and it is necessary to contest the election.”
A Democrat, Judge Sells, has served as a Criminal Court Judge for the past eight years, and is seeking re-election to the bench. She is represented by attorney Stephen Zralek of Nashville, a partner in the law firm of Bone McAllester Norton PLLC.
WJLE obtained a copy of the lawsuit Thursday afternoon from the Putnam County Clerk and Master’s office, where it was filed.
The suit names as defendants, Sell’s opponent in the election, David Alan Patterson along with Nancy Bowman, Putnam County Administrator of Elections; and the Clay County, Cumberland County, DeKalb County, Overton County, Pickett County, Putnam County, and White County Election Commissions.
The introduction of the lawsuit states that “According to the preliminary and unofficial count of the Election Commissions for the seven counties that comprise the 13th Judicial District (Clay, Cumberland, DeKalb, Overton, Pickett, Putnam, and White Counties), Plaintiff (Sells) received 20, 097 votes and her opponent, Defendant David Alan Patterson received 20,106 votes in the Election. However, numerous irregularities occurred and numerous illegal votes were cast, calling into question the accuracy and validity of the results, in violation of the express purpose of the Tennessee Election Code to secure the freedom and purity of the ballot.
Sells alleges that she has investigated the facts to the best of her ability, given the 10 day statute of limitations for an election contest and has sought access to all relevant information from the various County Election Commissioners within the 13th Judicial District, but not all relevant information has been available, given the deadline for each county to certify the election results. Sells claims “To the best of Plaintiff’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions herein are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery.”
Lisa Peterson, DeKalb County Administrator of Elections, told WJLE Thursday that Sells has requested, in writing, a list of names of all people who voted on election day in each precinct; a list of all names of all people who voted via absentee mail-in ballot; all applications for absentee mail-in ballot; the permanent absentee voting register and all physician statements required for each person included thereon; all rejected applications for absentee mail-in ballots; and all ballots that at any time during the election were classified as “provisional”. DeKalb County had one provisional ballot on August 3rd and it was thrown out.
The lawsuit alleges that “Initial, uncertified results from the Election indicate that approximately 40,203 total votes were cast in the race for Criminal Court Judge of the 13th Judicial District, (20,097 cast for Sells and 20, 106 cast for Patterson) and that Patterson apparently won by a margin of 9 votes.”
However Sells claims that more than 9 illegal votes were cast by persons who were not eligible to vote, or voted improperly in the Election.
Sells alleges that “at least three votes were cast by convicted felons who had not had their privileges of voting restored. Such individuals are not qualified voters and are not entitled to be registered or to vote, as provided by state law. Specifically, Sells claims that Leon Meadows, Shannon L. Moore, and Timothy Ray Spivey all had, prior to the Election, been convicted of infamous crimes in a court of competent jurisdiction, and yet all voted on Election Day in White County.”
The lawsuit further claims that ” at least 24 absentee ballots were cast in violation of the Tennessee Election Code, which mandates that the section governing absentee ballots be strictly construed, pursuant to state law. Specifically, at least 22 applications for absentee ballots in White County, and at least 2 applications for absentee ballots in Pickett County, were submitted without providing the applicant’s social security number, as required by state law.”
“An initial examination of the Voting List for one county in the 13th Judicial District, conducted within the limited time allowed to file this contest, indicates that at least one voter voted in the Election, despite the fact that he is not a resident of any of the seven counties in the 13th Judicial District, in violation of state law.”
“Voters in the 13th Judicial District were permitted to remain in the voting booths on Election Day in excess of the time limit established in state law and the Election officers failed to order the voters removed, as required by law, thus precluding other eligible voters from voting.”
“Provisional ballots cast in Putnam County were counted at the precinct, rather than sealed and locked in the provisional ballot box for return to the county Election Commission at the close of the polls on Election Day, as required by state law.”
“The election officer in Cumberland County sought the assistance of a member of the media to assist in counting ballots, despite the fact that this individual had not been previously trained and was not an official Election worker, in violation of the Tennessee Election Code.”
“The voting machines in Cumberland County contained ballots that showed candidates whose names were already selected when voters first approached the machine, interfering with voters’ ability to vote for the candidates of their choice.”
Sells alleges that “Based on the foregoing incidents of irregularities, improprieties, and illegally cast votes, she has grounds to bring this Election contest and contest Patterson’s apparent victory. Sells claims she should be declared the winner of the Election or, alternatively, the Election should be declared void and another election should be ordered, with proper procedures being followed, adequate protections against election fraud being administered, and with all properly registered voters who are located within the 13th Judicial District being given proper notice.”
Sells contends that she has “attempted to examine all voting materials, voting records, related documents and tangible personal property related to the Election in the seven counties administered by the Defendant Election Commissions. Despite her attempts and requests, Sells claims she has not been given complete access, and has not had sufficient time to review all relevant Voting Materials, given the 10 day statute of limitations.”
Sells claims that “the foregoing incidents of irregularities, improprieties and illegally cast votes call into question the legality of the entire Election in all seven counties, and indicate that further illegalities and irregularities are likely to be found upon examination of all voting materials, voting records, related documents, and tangible personal property related to the Election Voting Materials.”
In her petition for relief, Sells asks for the following:
“That the Defendant Election Commissions in each of the seven counties comprising the 13th Judicial District be ordered to preserve all Voting Materials, so that they are safe from tampering, damage, or loss, preserved in each county’s Election Commissions until all investigations and analyses have been concluded, and until this contest has been concluded (except to the extent that such items must be placed in the official custody of the Court, or as otherwise directed by the Court).”
“The Defendant Election Commissions in each of the seven counties of the 13th Judicial District be ordered to give Sells access to all Voting Materials and that she be permitted to copy, electronically where available, all Voting Materials.”
“That the Court set an expedited discovery schedule so that this matter will be prepared for trial within the time provided by law.”
“That Sells be declared the winner of the Election, or alternatively, that the Election be declared void and that each of the seven Defendant Election Commissions be ordered to hold a new election for the office of Criminal Court Judge for the 13th Judicial District, as provided by law.’
“That Sells be given leave to amend, upon a sufficient review of the Voting Materials as they become available.”
No date has yet been set for a hearing in the case.
A judge from another judicial district will most likely be appointed to hear it.
The winner of the election is due to take office, September 1st.
Grand Jury Returns Indictments Against Thirty Eight
A total of thirty eight people were indicted by the DeKalb County Grand Jury Monday including seven named in sealed indictments.
Those indicted will appear for arraignment in DeKalb County Criminal Court on Monday, August 21st at 9:00 a.m.
Those indicted and their charges are as follows:
Ruthie J. Shoemake- prescription Fraud
Bradley Kent Colter- driving while revoked (6th offense)
Clinton Jerome Maples- worthless check (3 counts)
Terry Wayne Knowles- Two charges of driving while revoked (9th offense)
Sonny Gene Smith-criminal trespassing
Samuel Wade Walker- theft over $10,000, burglary (2 counts), sale of a schedule II controlled substance and delivery of a schedule II controlled substance
Gary E. Woodard- driving while revoked (6th offense)
Terry Brandon Maynard-prescription fraud
Kathy Ann Taylor-reckless endangerment and violation of the implied consent law
Anna Lou Adams- possession of a schedule II controlled substance for sale and delivery and possession of paraphernalia
Ana Soto- no drivers license and violation of the financial responsibility law
Natasha A. Helms- reckless endangerment and possession of paraphernalia
Aubrey L. Kilgore- driving under the influence (3rd offense) and violation of the open container law
Harold Bain- driving under the influence, violation of the implied consent law, and reckless endangerment
Elizabeth Ann Chalfant- driving while suspended
Sammy Gene Taylor and Royce Avon Foster- burglary, possession of burglary tools, and evading arrest (2 counts)
Azucena Abraham- speeding 65/45, violation of the financial responsibility law, violation of the seat belt law, and no drivers license
Robert Ernest Rochefort- evading arrest with a motor vehicle, simple possession of a schedule VI controlled substance, simple possession of a schedule III controlled substance, and driving while revoked.
Daniel Lloyd Billings- driving under the influence (2nd offense), violation of the implied consent law, possession of paraphernalia, violation of the financial responsibility law, and violation of the seat belt law.
Brian B. Roberts- domestic assault, evading arrest, and resisting arrest
Terry Layne Pedigo- driving under the influence, violation of the implied consent law, and resisting arrest
Martin Riley- possession of drug paraphernalia
Marilyn Elaine Strayn- possession of paraphernalia and theft under $500
Jackie Eston Trapp- violation of an order of protection and vandalism over $1,000
Sonny Gene Smith and Perry Alton Stembridge- theft over $500
Edward Lynn Taylor- driving while revoked (3rd offense)
Clinton Jerome Maples- worthless check (2 counts)
Jacqueline E. Schultz- driving while suspended
Blake Ardell Richardson- illegal consumption of alcohol
Kevin Dewayne Eldridge- aggravated assault
Audrey Kay Ledbetter- simple possession of a schedule II and simple possession of a schedule IV controlled substance.
Christine Cantrell
77 year old Christine Cantrell of the Keltonburg Community died Wednesday at Baptist Hospital in Nashville. She was a housewife and a member of the Keltonburg United Methodist Church. The funeral will be Friday at 11:00 a.m. at the Chapel of Love-Cantrell Funeral Home. Burial will be in the Keltonburg Methodist Cemetery. She was preceded in death by her parents, Wallace and Elsie Patton Neely; two sisters, Thelma Cope and Dorothy Jean Raymond Adcock. Survivors include her husband Bernice Cantrell; one daughter, Sherree and her husband Brett Curtis; two sons, Michael and his wife Betty Cantrell and Douglas and his wife Lynn Cantrell all of Smithville. Eight grandchildren, Anthony, Tony, Corey, and Chad Cantrell, Brent Turner, and Courtney and Allison Curtis all of Smithville, and Tonya Moore of Murfreesboro. Nine great grandchildren, Ethan, Payton, Raven, and Eli Cantrell and Sydney Turner all of Smithville, Luke Moore of Murfreesboro, Jenna Cantrell of Smithville, Matthew Moore of Murfreesboro, and Ansley Cantrell of Smithville. Two brothers, Clarence Neely of Smithville and Bryan Neely of McMinnville. Two sisters, Vivian Vickers of Cookeville and Karen Goins of Manchester. Several nieces and nephews also survive. Love-Cantrell Funeral Home is in charge of the arrangements. Visitation will be Thursday from 10:00 a.m. until 9:00 p.m. and Friday from 8:00 a.m. until the service time at 11:00 a.m.
Man Suffers Burns In Monday Morning Fire
An employee of West Side Auto Salvage at 823 Dry Creek Road was taken to DeKalb Community Hospital around 9:30 a.m. this morning (Monday) after suffering burns in a fire.
Smithville Fire Chief Charlie Parker says the man was using an acetylene torch to cut parts off a wrecked car when the gas tank of the vehicle caught fire.
Flames caught the man’s clothes on fire and he received some burns as a result.
He was taken by a private vehicle to the hospital and was later airlifted to another hospital for further treatment.
Meanwhile, Chief Parker says the fire, which also spread to another wrecked car and burned the tires off a skid steer loader, was quickly brought under control by the Smithville Volunteer Fire Department.
He says the fire was approximately 200 feet behind the main building and posed no threat to that structure.
Chester Hendrixson
76 year old Chester Hendrixson of Dowelltown died Sunday of an extended illness at his residence. He was a U.S. Army Korean War Veteran, an auto mechanic, and a farmer. The funeral will be Tuesday at 2:00 p.m. at DeKalb Funeral Chapel. Burial will follow with Military Honors at DeKalb Cemetery. Visitation will be Monday from 4:00 p.m. until 8:00 p.m. and Tuesday from 11:00 a.m.until the time of the service at 2:00 p.m. He was preceded in death by his parents, Claud and Callie Bain Hendrixson. Survivors include two children, Debbie and her husband Jim Huddleston of Smyrna and Chris and his wife Jennifer Hendrixson of Dowelltown. Five grandchildren, Brittany, Stephanie, Emily, Cristin, and Ashley. One sister, Ione Ellis of Dowelltown and companion Sharon Hindsley of Dowelltown. DeKalb Funeral Chapel is in charge of the arrangements.
Winnie Ola Haley
93 year old Winnie Ola Haley of Smithville died Sunday at DeKalb Community Hospital. She was a Baptist and former owner of the Dairy Bell Restaurant. The funeral will be Tuesday at 1:00 p.m. at Love-Cantrell Funeral Home. Virgil Hibdon, Jr. will officiate and burial will be in DeKalb Memorial Gardens. She was preceded in death by her parents, William Abraham and Dossie Lee Adcock Young; her husband, George Elton Haley; four brothers, Greg, George, Orvin, and Bill Young; and two sisters, Rosha Henderson and Sirtie Orrick. Survivors include two sons and daughters-in-law, Wilburn and Bev Haley of Metamora, Michigan and Charles and Debra Haley of Oxford, Michigan. Two daughters and sons-in-law, Geneva and Gordon DeLandsheer of Smithville and Linda and Harry Cantrell of Gallatin. One brother and sister-in-law, J.T. and Mable Young of Smithville. Three sisters, Emma Smith of Woodbury, Onie Orrick of California, and Birchie Jeffries of Smithville. Thirteen grandchildren and a host of great grandchildren and great great grandchildren. Visitation will be Monday from noon until 9:00 p.m. and Tuesday from 10:00 a.m. until the time of the service at 1:00 p.m. Love-Cantrell Funeral Home is in charge of the arrangements. The family requests that donations be made in lieu of flowers to St. Jude’s or an organization of your choice.