The Utility Management Review Board, citing the lack of jurisdiction, decided Thursday that it would not consider a petition filed by concerned citizens and ratepayers on whether or not the DeKalb Utility District should build a water treatment plant. But the UMRB will act on the petitioners request for a DUD rate review. That issue could be addressed at its December 6 meeting.
A petition, signed by more than 1,000 persons was submitted to the Tennessee Comptroller and Utility Management Review Board in July asking for a state review of rates charged by the DUD and its plan of services including the proposed water treatment plant. The petition drive was spearheaded by the Calvert Street Group, a Nashville public relations company, hired by the City of Smithville in April to better educate the public, from the city’s perspective, on the impact of the plan by the DeKalb Utility District to build its own water treatment plant.
The UMRB met Thursday in Nashville and the issue regarding the petition and the DUD was tops on the agenda. During that meeting, the UMRB ruled that it had no jurisdiction to consider the petition as to the proposed water treatment plant. A decision apparently shared by Greg Cothron, Assistant General Counsel for the state comptroller’s office, who had apparently recently rendered an opinion that the petition had failed to provide a basis for review by the UMRB and that the UMRB lacked jurisdiction to hear it. “On the jurisdictional issue only with regard to whether the UMRB has jurisdiction to consider the petition before it, the UMRB essentially approved a motion setting forth that they did not have jurisdiction on the question of whether or not DUD should be building a water treatment plant,” said DUD attorney Keith Blair during the DeKalb Utility District’s monthly board meeting Thursday afternoon.
But while the UMRB chose not to weigh in on the water plant issue itself, it has agreed to conduct a rate review, according the Blair. “So at the next hearing of the UMRB and their next regular meeting is December 6, I am assuming at this point that the rate review process will be on the December 6 docket at the UMRB. This just came down today (Thursday) so that’s essentially all I know at this point,” said Blair.
“The mission of the Tennessee Comptroller and the Utility Management Review Board is to look for duplicity, for taxpayer waste to protect ratepayers, and rate increases that are out of line with what their plans and their debt management policy calls for,” said Darden Copeland of the Calvert Street Group.
The petition filed with the UMRB states “DUD ratepayers ask the UMRB to find that the DUD acted wrongly in approving the financing of the construction of a redundant water treatment facility in DeKalb County and in its service expansion and resulting rate increases and take all necessary action to provide DUD ratepayers with all appropriate relief afforded to them under the laws of the state of Tennessee.”
DUD officials are anxious to get this matter settled as quickly as possible. In a recent letter to Cothorn and UMRB Board Coordinator Joyce Welborn, Blair wrote “As you are aware, DUD has taken significant steps to initiate the construction of a water treatment plant as well as making plans to restructure certain long term debt for additional cost savings to their customers. Once the petition in question was filed, at a time when the closing of the bonds to finance this project was imminent, DUD cautiously delayed the closing and finalization of the financing of this project in order to obtain proper verification from UMRB that the petition had no merit and, most importantly, that the UMRB did not have jurisdiction to consider the issues presented.”
“With this pending petition, DUD continues to suffer monetary losses each day due to their inability to proceed forward with the planned refinancing and water treatment plant. It is clearly evident that interest rates and construction costs are at an all time low. The interest rates and construction rates will no doubt increase in the coming months which will damage DUD financially causing them to spend more on this project than anticipated which potentially could result in additional rate increases. Further, the longer that this issue is in limbo, the longer that DUD will have to purchase water from the City of Smithville, the proponent behind the petition in question.”
“A delay will do nothing but prolong the final resolution of this matter and cause DUD continued delay and financial loss that will do nothing but hurt the customers of DUD. A delay only benefits the petitioner, with no due cause being shown and severely hurts DUD each day that passes without resolution.” wrote Blair.

The county commission last week authorized County Mayor Mike Foster to enter into discussions with a professional engineering company in Sparta which will provide some options for the county to consider for future landfill needs.
“I’ve met with the Professional Engineering Company out of Sparta and talked to them about a transfer station for our garbage rather than building another Class I cell,” said Foster. “They are getting us some numbers together so we can talk about the possibility of building another Class I and Class III/IV cell together; or doing a transfer station and a Class III/IV cell; or doing a transfer station and no Class III/IV cell. The Class III/IV cell would be construction material only. No garbage. And it (Class III/IV cell) doesn’t have to be lined with a real expensive liner. We would still have to line it with clay but the leachate would not have to be transported. It could run off like any other storm water. That would be one option. The other option would be to transfer everything to another county and have it hauled away. The third option would be to do just like we’ve been doing. So maybe by this month (October) we can begin looking at a possible site or two. This is not something that is going to happen right away but we need a tentative agreement to proceed with talks with Professional Engineering about these scenarios,” said Foster.
The issue is whether the county should develop a new Class I landfill once the existing site is full within the next two or three years or to establish a solid waste transfer station and maintain a class III/IV cell that doesn’t require so many regulations and which would be mainly for construction materials.
Last fall, County Mayor Foster and several local county commissioners visited Overton County’s Solid Waste Transfer Station. (Shown in picture above).
Under a transfer station operation, household garbage would continue to be collected at local convenience centers across the county, then loaded onto trucks and brought to the transfer station, where the garbage would be separated from recyclables and then loaded onto semi trucks and transferred to a landfill site in another county. DeKalb would contract for the garbage to be hauled out of county and for the disposal of it at a certain price per ton. The recyclables would be baled and sold.
According to Foster, DeKalb County would have fewer environmental worries about solid waste, if it had its own transfer station or contracted with some entity or company to provide the service. “Right now (at the landfill) we have to put a 40 mil plastic liner over the entire mound of dirt when you’re through as well as a 60 mil liner underneath it and then you have to put dirt on top of all that. The costs have just gone through the roof in the last three or four years so we’re going to look at the option of doing that (transfer station). We may still want to run a class III/IV cell that doesn’t require that (so many regulations) which would be mainly for construction materials and things like that and not household garbage,” said Foster
“If we do that (develop a transfer station) we don’t have the expense of building a new (Class I landfill) cell which is so expensive because now you have to put a rubber liner under and over it. These environmental issues are overpowering and you have a lot of liability there,” In addition, environmental regulations require the county to monitor old landfill sites for several years after they have been closed.
Should the county develop a transfer station, Foster said it would be situated on about a four acre site somewhere in the county. “Ideally it would be better if it were centrally located but we would have room at the (existing) landfill. We would also probably want to keep a Class III/IV cell for construction materials. We’ve got two or three years to make this decision,” said Foster.
Convenience sites would still be required throughout the county and residents could continue to bring their household garbage there or directly to the transfer station.

While military deployments and hospital stays may keep many of our nation’s heroes away from their families this holiday season, the American Red Cross is collecting and distributing cards that send words of encouragement, gratitude and cheer.
Between October 1 and December 7, Americans can give something that means something by sending a card of thanks and support to members of the Armed Forces, veterans and their families.
“It just takes a moment to sign a card to share your appreciation for the sacrifices members of the military community make,” said Kathy Nesmith, Chapter Executive, Warren County Chapter which includes DeKalb County. “You say thanks, we’ll do the rest.”
The Red Cross is inviting the public to send messages of thanks and holiday cheer until December 7 by mailing them to:
Holiday Mail for Heroes
P.O. Box 5456
Capitol Heights, MD 20791-5456
Pitney Bowes Inc. receives cards at the special Holiday Mail post office box, and screens them for hazardous materials. Pitney Bowes screens, packages and ships the cards at no charge, and contributes thousands of volunteer hours at sites around the country.
Red Cross volunteers across the United States and on military installations overseas then sort and deliver the cards throughout the holiday season. The Red Cross and Pitney Bowes have received and distributed more than 4.7 million cards for members of the U.S. Armed Forces, veterans and their families since the program began in 2006.
Local card signing dates to be announced.
To ensure that cards are delivered in time for the holidays, they must be postmarked no later than December 7. Individuals are asked to refrain from sending “care packages,” monetary donations, or using glitter or any other kinds of inserts with the cards. More information and card requirements are at redcross.org/holidaymail.
The public can connect with fellow card senders through Facebook at facebook.com/redcross and Twitter.com/redcross using the hashtag #holidaymail.
The Red Cross relies on the support of the American people to carry out its mission of service to the 2 million members of the U.S. Armed Forces, 24 million veterans and their families. During this holiday season, people also can support all Red Cross services by making a financial donation at redcross.org or by calling 1-800-REDCROSS. Individuals can also give the gift of life by making an appointment to give blood at redcrossblood.org or by calling 1-800-REDCROSS.

Voting and paying tribute to our nation’s active and retired armed services personnel are two of the most patriotic acts citizens can perform. A new program launched by the Secretary of State’s Office this week allows people to tie the two together.
Secretary of State Tre Hargett announced the “Tennessee Honor Vote” program, which will provide citizens with an opportunity to dedicate their votes in the upcoming election to the servicemen and servicewomen of their choice.
A new page has been developed on the Secretary of State’s web site where people may sign up and dedicate a personal message to one or more active or retired members of the armed forces.
Once the messages have been reviewed, they will be posted online. Each participant in the program will receive an “Honor Vote” button and a letter of appreciation from Secretary Hargett.
The program will begin with dedications for the upcoming Nov. 6 election, but it will continue for future elections as well.
“Members of our armed services fight and sometimes make the ultimate sacrifice to protect our freedoms,” Secretary Hargett said. “Their service highlights how important it is for us to exercise our constitutional right to vote. I encourage Tennesseans to participate in this program, which is absolutely free of charge. It only takes a few minutes to sign up and prepare a message. And those messages to our active military and veterans may mean more to them than we’ll ever realize.”
“More than 27,000 members of the Tennessee National Guard have deployed since 9/11, making Tennessee the fourth largest National Guard state for deployments,” Major General Max Haston, Tennessee’s Adjutant General, said. “Many of these soldiers and airmen have seen firsthand in Iraq and Afghanistan just how important the right to cast your vote really is. This is a right we too often take for granted. Nothing means more to a service member than to be appreciated for their selfless service. The Tennessee Honor Vote program is just another way to show your support for the men and women defending the freedoms that we all enjoy.”
“It is extremely important to remember and recognize those who have courageously served our state and country, for without their selfless service, we may not be able to hold elections with the democratic right to vote,” Tennessee Department of Veterans Affairs Commissioner Many-Bears Grinder said. “This is an innovative and unique way to reinforce the importance of voting as well as reminding our service members and veterans that we value and support their service and sacrifice.”
To participate in the program, go to: www.GoVoteTN.com/honor or call toll-free 1-877-850-4959.

Its been a full year since a Nashville surgeon went missing while kayaking on Center Hill Lake.
The disappearance of 55 year old Dr. William Coltharp, who was last seen on October 2, 2011 is still considered a “missing person” case and no foul play is suspected at this time, according to Sheriff Patrick Ray.
An intensive search for Dr. Coltharp continued for several weeks after he went missing.
Meanwhile, the family of Dr. Coltharp is offering a reward of $10,000 for the recovery of any body-remains, clothing, and or personal effects of Dr. Coltharp who is believed to be deceased. He was last seen wearing a Khaki-colored cotton pull over with zipper and leather elbows, jeans, and sandals. Any items found should be taken to the sheriff’s department. The reward is only payable from the death proceeds of insurance policies insuring Dr. Coltharp’s life which are payable to Dr. Coltharp’s wife and or children.
In the days after his disappearance, Sheriff Ray said that Dr. Coltharp left his residence in Nashville at approximately 4:00 p.m. Sunday, October 2, 2011 enroute to Center Hill Lake to kayak.”
“Dr. Coltharp went to Hurricane boat ramp that evening. There were two independent witnesses who confirmed that Dr. Coltharp arrived at the Hurricane boat ramp by himself at approximately 6:00 p.m. We also confirmed by other sources such as cell towers where he had used his cell phone that Dr. Coltharp was in this area. A witness stated that he had spoken to Dr. Coltharp. The doctor was last seen on Center Hill Lake on the west side of Hurricane bridge”.
“Sometime after midnight on Monday, October 3, 2011 Dr. Coltharp’s wife left Nashville enroute to Center Hill Lake. She did not know the exact location that Dr. Coltharp had launched his kayak but was somewhat familiar with that area of Floating Mill and the Hurricane Marina. While enroute to DeKalb County, she contacted law enforcement about her husband being missing. She was directed to the dispatch center for the Tennessee Wildlife Resource Agency. She talked with a TWRA officer and eventually found her husband’s vehicle, a 1999 White Chevy Suburban, in the parking lot of Hurricane boat ramp. DeKalb Central Dispatch was notified at 1:22 a.m. by TWRA about the missing man. Deputies from the DeKalb Sheriff’s Department arrived on the scene at 1:44 a.m. Monday morning, October 3, 2011. Neither Dr. Coltharp nor his kayak were anywhere to be found,” said Sheriff Ray.
“At approximately 2:30 a.m. a search was started for Dr. Coltharp. At approximately 5:00 a.m., an upside down kayak, which contained a life jacket, was found which is believed to be Dr. Coltharp’s kayak. A paddle was found further down stream later that day. An Apple MacBook laptop computer was also found in the kayak’s storage box. The computer was soaked in water but was retrieved from the kayak and sent to the Tennessee Bureau of Investigation’s Crime Lab to see if any information could be retrieved from it. The kayak was found approximately one mile from the Hurricane boat ramp”.
“Later that same morning (Monday, October 3, 2011), at approximately 9:40 a.m., a worker, contracted by the U.S. Army Corps of Engineers, was working at the Hurricane boat ramp and found a handgun case as he was changing out garbage bags. There was no handgun inside the case. Through an investigation, the handgun case was found to belong to Dr. Coltharp.”
“On Friday evening, October 7, 2011 authorities confirmed through a witness that Dr. Coltharp arrived at the lake right before dark (Sunday, October 2, 2011) and was seen loading a cylinder concrete block onto the kayak with him. He then paddled in the direction where the kayak was later found”.
“The only thing we have in our investigation are facts and these are the facts of the case. There is no evidence that points towards foul play. Its only a missing person report at this time and it will continue to be until we find the body or find him,” said Sheriff Ray.
Although Coltharp’s kayak, life jacket, a pair of kayak gloves, computer and gun case were recovered, authorities never found the keys to Dr. Coltharp’s SUV or his cell phone. As for the gun case, Sheriff Ray said authorities confirmed that Dr. Coltharp owned a handgun and the serial numbers matched those on the gun case.
TWRA Officer Nick Luper said the search for Dr. Coltharp was in a general area about a mile downstream of the Hurricane boat ramp, in about sixty feet of water. “Part of our search involved dragging the bottom of the lake. We did a lot of that in the beginning stages. The Nashville Office of Emergency Management later brought in a towfish which is a type of sonar. Anytime we came across an image of interest to us, we sent down a diver to confirm that,” he said.
The DeKalb County Rescue Squad received assistance in the search for Dr. Coltharp from Coffee, Cannon, Jackson, Warren, and White Counties, the City of Smyrna, the United Auto Workers of Nashville, members of the Bloodhound Search and Rescue Group, the Nashville Office of Emergency Management, the Corps of Engineers, and the Tennessee Wildlife Resource Agency, among others.

The Utility Management Review Board (UMRB) will meet Thursday to discuss a petition challenging the DeKalb Utility District water rate increases, quality of service, and the proposed water treatment plant. The meeting begins at 10:00 a.m. at Legislative Plaza in Nashville. The UMRB reports to the Tennessee State Comptroller, and they have added this issue to their monthly agenda.
Smithville Mayor Jimmy Poss and Secretary-Treasurer Hunter Hendrixson, who both plan to attend, informed the aldermen of the meeting Monday night and invited anyone who wants to attend to go along.
Although the issue is on the UMRB’s agenda, it could be continued or delayed until next month or beyond. Two of the lawyers Vester Parsley and Bill Purcell, representing the city in the matter cannot attend. The DUD wants to proceed hoping for a quick resolution.
In the meantime, the DUD has presented the city a proposed 30 year water contract for review. The DUD’s current ten year contract with the city ends in early 2014. The DUD currently buys water from the city at $2.00 per thousand gallons and the rate increases by five cents per thousand gallons each year.
“They have presented a 30 year contract for us to review,” said Secretary-Treasurer Hunter Hendrixson. “I’d like to sit down, whether it be informal or whatever to discuss what we want, what they want and if we can resolve it in a 30 year contract or whatever, I’d like to go that route. They (DUD) have requested some more public records which I will have for them this week. We’re just conversing right now back and forth by certified mail,” he said.
Alderman Tim Stribling said he would like to see a study done on the city’s cost of producing a gallon of water. “One of those things they’ve (DUD) proposed is a cost study. Because we don’t know, with the new (city) plant, what it cost to make a gallon of water and what to sell it for,” said Stribling.
“Nobody can tell me what it cost to make a gallon of water. We’ve updated the plant and spent a lot of money. We’ve got a lot of factors involved. Depreciation and all sorts of things. We need to know for our purpose,” he said.
“Regardless of what happens with DUD, even if they don’t come along with us, we still need to do a cost study for our purposes so we know what it cost to make a gallon of water so we know what to charge,” added Stribling.
In the (proposed) contract, they (DUD) are willing to go in halvers with it (cost study). We do need to know and I don’t blame them for wanting to know,” said Hendrixson
The proposed contract states that “The initial rate for water furnished by the seller (city) to the purchaser (DUD) shall be subject to and in accordance with a Cost of Service Study. The parties shall have prepared and jointly fund a Cost of Service Study that shall serve as the basis for seller’s allocated revenue requirement on a per thousand gallons of water basis to the purchaser.” “The COSS shall adhere to industry accepted Cost of Service methodologies such as the latest edition of the American Water Works Association’s principals of water rates, fees, and charges M1 Manual of Water Supply Practices or other methodologies mutually agreed upon by the parties. During the term of this agreement, seller agrees to continue to treat purchaser as a separate customer classification for water rate setting purposes in any COSS performed.”
“The parties shall agree on any entity to perform the COSS as set forth above, so as to be unbiased as reasonably possible. Commencing on the first anniversary of the affective date of this agreement and thereafter on each anniversary of the affective date, the rate for water furnished by the seller to purchaser per the COSS shall be adjusted by a percentage equal to the percentage of the Consumer Price Index for all Urban Consumers, not seasonally adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics, during the preceding twelve month period.”
“I think everybody is in agreement that we can’t sell water to somebody else at a loss,” said Alderman Shawn Jacobs.
“If we’re going to enter into a contract, we don’t want to overcharge. We need to work together,” said Alderman Danny Washer..
“If it doesn’t cost as much as what we think it does, we could roll it back,” added Mayor Poss. “I’ve told them (DUD), I’m open to sitting down and talking to them,” he said.

A correction as to what laws apply to those supporting or opposing an upcoming liquor referendum has been issued by the DeKalb County Election Commission office.
Originally it was announced that communications such as signs, broadcast and print advertisements must include a disclaimer of who paid for the communication.
“We have since found out that is in error,” said Dennis Stanley, Administrator of Elections. “Based on a Supreme Court ruling, individuals and organizations are exempt from the ‘paid for’ law that applies to political candidates. We’re sorry for any confusion this may have caused.”
However, there is a different election law that does apply to certain proponents and opponents of questions on the ballot. Stanley said if two or more persons join forces to support or oppose or an entity such as a church takes a position on a referendum they are subject to the state’s campaign finance laws.
Specifically “reports of appointment of treasurers and disclosure of contributions and expenditures are required of : (1) a group of two or more individuals making expenditures to support or oppose any state or local measure in a referendum, (2) a corporation or any other organization making expenditures to support or oppose any state or local referendum, (3) any committee, club, association or group of persons receiving contributions or making expenditures totaling more than $250 in a calendar year to support or oppose any state or local measure in a referendum.”
Those who fail to follow this law could be subject to civil penalties.
“The election commission obviously is not taking a position on the referendum, but just informing those who are that certain state laws may apply to their activities,” Stanley said.
Questions regarding either the advertising disclosure law or campaign finance disclosure law can be directed to the local election office at 597-4146.