Greetings! Lots of laws coming through the chute this past week as we near the last two weeks of the 107th General Assembly. Tennessee is ranked by the U.S. Census Bureau as number two in the nation in Violent Crime and number five in the nation in men killing women! Ninety-eight House members supported stricter punishments for domestic violence with passage of HB2389. HB3517 clarifies and confirms that the unborn child is also a victim of an assaultive offense or a homicide. Life begins at conception; therefore, when a pregnant woman who lives in the fifth-ranking state of men killing women is assaulted, this bill brings respect both to the mother and the unborn child.
After amendments were made to help ease the burden of the fiscal note to our local government due to longer jail time, County Commissioners and the Sheriff’s Association all came to agreement. With per diem for local jails housing state prisoners being increased from $35 to $37 per day, the increase of $4 million more will be going to local government annually. Administration has allocated $750,000 to go through TBI to local governments to pay for meth clean-up. Previously, this expense has been covered by local governments; this bill will cost an average of $4,941 per county. Crime is costly–not only in dollars, but in the lives it takes, and the ones left scarred.
HB3671 passed the House Thursday as many members rose to comment, myself included, how stricter procedures and incentives for the unemployed are needed to keep “job seekers” honest, and employers from paying bad actors, who rely on the check in the mail (paid by small business owners) instead of pursuing a job.
From HB3175 making it a felony to create and sell bath salts, to leveling the playing field for all businesses in HB2372, to giving Tennessee teachers first choice in HB3760–it matters who governs, and I am proud to serve with my colleagues as we work tirelessly to make Tennessee a better place to live and raise a family.
The 38th Annual Tennessee Prayer Breakfast–WOW! Governor Bill Haslam interviewed Phil Vischer, creator of Veggie Tales, after Mr. Vischer shared his testimony.
Mr. Vischer’s comment of, “Hold on to God with white knuckles and let go of your five-year plan to fully trust in Him,” made a huge impact on me. That whole morning blessed many members and was a great way to start off our busy week. Thank you to the many folks who with Citizens’ Committee put this large event into motion. To God alone be the glory for the great things He has done!
Love seeing all the school children come to the Capitol this week, and seeing you on the plaza having lunch on these beautiful sunny spring days; that keeps me charged as well! Thank you, folks of the fortieth; it truly is an honor to serve you.

Students in grades 2-8 will be taking the Tennessee Comprehensive Assessment Program (TCAP) Achievement Test starting Thursday, April 26th.
Michelle Burklow, Supervisor of Instruction for Pre-K to 6th grade said TCAP testing is conducted each spring. The Achievement Test is a timed, multiple choice assessment that measures skills in Reading/ Language Arts, Mathematics, Science, and Social Studies. Student results are reported to parents, teachers, and administrators later in the year. “This year, we have added an additional test. The state of Tennessee is going to be paying for second grade tests so we have decided that we are going to test our second graders so when I speak of TCAP tests for this testing school year, I’m also referring to second grade. They will be joining us in that activity for the week,” said Burklow.
“TCAP achievement test is a multiple choice test that provides a measure of knowledge and application skills in core academic areas. The results of these tests will provide information about the student’s progress and it will give us a starting point at the beginning of next year as to where we need to focus our attention for that student and individualize learning for that child. The TCAP test is mandated for grades 3 through 8. Again, we’re going to test our second grade. We have a testing window of six days. We have four days that the state says we have to test and two for make up days. Beginning April 26, we will be testing Reading/Language Arts; April 27 is our Mathematics day; April 30 is Science; and May 1 is Social Studies so those are the four days that the state has set as the window for us. Each school has flexibility in setting the time that best suits their school schedule. So we’re asking parents to please make sure your children show up to school each morning on time. If you would like them to eat breakfast in the cafeteria, get them there just a little earlier because that seems to be a really busy week for eating breakfast in the schools. Try to work out as much as you can after school activities such as dentist appointments. Make sure you’re children are in school to test,” said Burklow.
Under state law, local school boards are required to develop a policy by which student scores on the achievement tests comprise a certain percentage of the student’s final grade for the spring semester in the subjects of Math, Reading/Language Arts, Science, and Social Studies. Last Thursday night, the board established 15% as the benchmark for students in grades 3 to 8. The 25% benchmark for End of Course tests at DCHS will remain the same, according to Burklow. “Something new this year is that the State of Tennessee is requiring each LEA (local system) to set a percentage of what the TCAP will count as part of the student’s test grade. Last week at the school board meeting, the board adopted to count the TCAP for grades 3 through 8, fifteen percent of their final grade. They’re going to send us a test score for each individual sub-test and that will count fifteen percent of the student’s final grade in grades 3 through 8. That does not change the high school. The high school, the End of Course testing is still going to be 25%. There is a difference between the two. State law set the 25% for the high school. Elementary has a little flexibility,” she said.
End of Course testing at the high school will begin May 1, according to Burklow. “We are going from TCAP tests right at the elementary schools into End of Course testing at the high school. We will begin May 1. Our last day for TCAP, will be our first day for End of Course and on May 1 we will be testing Algebra I; May 2, English X; May 3, Biology; and May 4 will be a makeup day for those three tests. The next week, starting May 8 we will be testing English IX and XI; May 9 will be Algebra II and US History; and May 10 will be the makeup tests for those four tests. Once again we’ll send these tests off, they will be scored. We get quick scores and these will count 25% of a student’s final grade for the high school,” she said.
Meanwhile proctors are still needed to assist teachers during the testing. “We are still looking for proctors. We are asking for proctors, just community volunteers that will be willing to go into a classroom and be an additional set of eyes for the classroom teacher while we are testing. This is just a security measure that the state is implementing. Every proctor has to be trained in test security and we’ve got that set up for different times. No matter what school you attend for the training, you can go to any school to proctor. Our last training for the TCAP for grades 3 to 8, we’re training this Thursday, April 19 at 9:00 a.m. We will probably set a few more, depending on how many proctors we get trained this week. If we need to train additional folks early next week, we will be doing that. The high school is April 25 for their training,” said Burklow.

The partners in American Modus laid out their vision for Lakeside Resort in a power point presentation Wednesday during a UCHRA policy council meeting in Cookeville.
Ideas to make the resort more family oriented, presented by Jim Himelrick and Bob Pierce, include Disney style landscaping to give it a much more attractive look; adding more cabins and recreational amenities like lake inflatables, play areas, and a splash pool; and sprucing up the lodging facilities with new flat screen TV’s, carpeting, and other cosmetic upgrades.
Himelrick and Pierce are proposing to enter into a management contract with UCHRA for $5,000 per month for eight months as they work toward acquiring their own land lease on the property with the U.S. Army Corps of Engineers and assuming all UCHRA loan obligations on the resort by January 1st, 2013.
After hearing the proposal and discussing other issues with Himelrick and Pierce, the policy council authorized the UCHRA Lakeside Committee to negotiate a contract with them, subject to final approval by the full UCHRA board of directors. In the meantime, a service contract is to be executed by the UCHRA executive director and attorney, pending approval of a final contract, so Himelrick and Pierce can start up operations there. The policy council added that if for any reason American Modus cannot fulfill its contractual obligations, a clause should be included in the final agreement to allow UCHRA to terminate the deal.
In his presentation, Himelrick told the policy council that the objectives of American Modus are to negotiate the extension and renewal of the current Army Corps of Engineers land lease, assume all obligations of UCHRA on the existing loan from USDA, and develop a first class resort and recreational, educational area for the eighteen counties of the Upper Cumberland region.
On or before January 1st, 2013, American Modus proposes to close on the acquisition of the Army Corps of Engineers lease and the improvements located on the 139 acres that are the subject of the Corps lease. The purchase price for these assets will be the remaining principal balance of the two loans from the U.S. Department of Agriculture as of closing or December 31, 2012, whichever occurs earlier. Conditions that must be met prior to closing will include the approval of the Army Corps of Engineers and the U.S. Department of Agriculture. Until January 1, 2013, American Modus proposes to manage the project so as to maximize cash flow and provide for debt service on the U.S. Department of Agriculture loans on the project.
Himelrick said immediate cash flow must be achieved and until closing, American Modus proposes to manage the project. Once all the necessary structures have been put in place and closing has occurred, American Modus will proceed to develop the entire 139 acres of leased land in the most appropriate means as approved by the Corps of Engineers. “No plan has yet been developed because its not known what the community will embrace and what the Corps will allow us to do,” said Himelrick.
The 2012 objective is to restore the property to the 2010 level of cash flow, increase bookings through extensive marketing and high level of service, and carefully manage expenses and maintain the property at a high level.
The 2013 objectives are to make property improvements, upgrade landscaping, make unit interior improvements to lodging facilities such as adding flat screen TV’s, carpeting, and other cosmetic upgrades. Increase amenities and family activities, add lake inflatables and cabins, pool amenities, etc.
American Modus Partners, LLC,. is a Brentwood based company which was organized in 2010. Himelrick and Pierce were part of the Investors Equity Holdings group that put $1.5 million worth of improvements into Nashville Shores before its sale in 2011.

DeKalb Middle and West Schools have become known for their exemplary 21st Century Learning Center programs and representatives of the Tennessee and U.S. Departments of Education, who have heard about them, paid a visit here Tuesday to see for themselves.
Director of Schools Mark Willoughby and local educators greeted Stephanie Kitchell and Lisa Shimmell, both of the U.S. Department of Education, and Kim Dabney of the State Department who made brief stops at both DeKalb Middle and DeKalb West School.
In 2008, DeKalb County was among several school systems across the state who received grant funds in the 21st Century Community Learning Center program. Each grantee was funded for three years with the opportunity for a two year extension if the program demonstrated adequate student progress. DeKalb County was granted a two year extension in 2011.
These programs seek to raise achievement of low-income students and students at underperforming schools through enrichment programs operated outside the school day.
Grantees can reinforce student achievement in a variety of ways such as character education, arts education, remedial help, academic enrichment, expanded library hours and technology instruction. Program effectiveness must be based on strong scientific research.
“The 21st Century Grant is where we are able to incorporate many of our day to day activities along with the extra activities into our after school program,” said Director of Schools Willoughby. “Dr. Carol Hendrix wrote this grant and she is the person who oversees it along with the site coordinators. We have a real good working relationship because we provide after school transportation. That’s one of the things that’s made this a real success, because we have so many children that would not be able to participate if we did not have the after school transportation. Our children are getting exposed to so many other things, such as the arts that they would not if we didn’t have these programs. So this 21st Century program is extremely important to the education of our children in DeKalb County Schools and in becoming a well rounded good citizen. I want to thank the people who make this happen locally, statewide, and nationally. Its been a big success in DeKalb County,” said Willoughby
(Pictured left to right: Kim Dabney, TN. Dept of Education; Mike Lewis, DeKalb Middle School Teacher and 21st Century Learning Center Site Coordinator, Stephanie Kitchell and Lisa Shimmell of the U.S. Dept of Education, and Director of Schools Mark Willoughby)

The newest addition to Arcadia Publishing’s popular Images of America series is DeKalb County from local authors Judy Fuson and Ria Baker. The book, now available in book stores, boasts more than 200 vintage images and memories of days gone by.
Both Fuson and Baker will be available for a book signing at F.Z. Webb and Sons Gifts downtown Smithville on Friday, April 20 from 1:00 p.m. until 4:00 p.m.

The book includes several photographs that have never before been published. The authors tried to include every community in the county in the book, and highlight families from all over. Many old houses are pictured, some that no longer stand and some that are more than 100 years old and still in use.
DeKalb County has a vast and interesting history spanning from Confederate general John Hunt Morgan’s raids on the North during the Civil War to the building of Center Hill Dam, which formed a beautiful lake that brings thousands of tourists to the county each year. The lake, encompassing 18,220 acres, displaced thousands of the earliest settlers’ descendants along the Caney Fork River.
The state legislature established DeKalb County from parts of surrounding counties in 1837. The county was named after Revolutionary War general Johann DeKalb, while the county seat of Smithville was named after state senator Samuel Granville Smith; neither man was from the county.
Authors Judy Fuson and Ria Baker are lifelong residents of DeKalb County, and many of their ancestors were early settlers of the county. Baker has been compiling historical photographs and information about her hometown of Alexandria for years, and she currently serves as the town’s mayor. Fuson taught in the county school system for 30 years, was yearbook advisor for 14 years, and is now retired.
The book is available at area bookstores, independent retailers, and online retailers, or through Arcadia Publishing at www.arcadiapublishing.com.
Arcadia Publishing is the leading publisher of local and regional history in the United States. The mission is to make history accessible and meaningful through the publication of books on the heritage of America’s people and places. Have we done a book on your town? Visit www.arcadiapublishing.com.

The Smithville Aldermen Monday night adopted a budget amendment ordinance on first reading appropriating the funding for the purchase of a ladder truck for the city fire department.
Two weeks ago, the aldermen voted 5-0 to seek bids for a new or demonstration ladder truck, but in an opinion by the Municipal Technical Advisory Service, the process should not begin to buy the truck until the funding is authorized.
During Monday night’s meeting, Mayor Taft Hendrixson presented an ordinance “amending this year’s budget by appropriating $750,000 in capital outlay funds for the Volunteer Fire Department for the purpose of advertising for an aerial ladder truck.” The ordinance was adopted on a four to nothing vote. Alderman Gayla Hendrix was absent.
Second and final reading will follow a public hearing during a special meeting on Tuesday, April 24 at 7:00 p.m. at city hall.
In making the motion to seek bids earlier this month, Alderman Shawn Jacobs said ” I make the following motion. That the city immediately advertise for bids for a new or demonstration ladder truck meeting the specifications enumerated by Chief Charlie Parker and that said ladder truck be paid for under a lease purchase plan or financial arrangement as determined by this board as the plan most beneficial to the city. Since the city has more than the anticipated cost of the ladder truck in its financial reserves, this should result in no tax increase,” said Alderman Jacobs.
Mayor Hendrixson said he saw no reason to pay interest under a lease purchase plan when the city has sufficient reserve funds to make the purchase. He pointed out though that an appropriation of $750,000 would take a big chunk out of the city’s capital reserve funds, about 20%.

The Smithville Aldermen Monday night voted to hire a Nashville public relations company, the Calvert Street Group, to better educate the public, from the city’s perspective, on the impact of a plan by the DeKalb Utility District to build its own water treatment plant.
During Monday night’s city council meeting, the mayor and aldermen were told by the city’s utility engineer, J.R. Wauford, that if the DUD builds its own water plant and stops purchasing water from the city, it could mean rate increases of ten to twenty five percent for Smithville customers and up to fifty percent rate hikes for customers of the DeKalb Utility District. (SEE NEXT STORY BELOW FOR MORE DETAILS)
Wauford and Mayor Taft Hendrixson proposed hiring the Calvert Street Group to get the city’s message out to the public. The cost to the city will be $5,000 per month on a month to month basis.
The Calvert Street Group specializes in managing corporate campaigns. The group navigates clients through the political processes where business, public relations, and public policy intersect. Whether it is grassroots advocacy, land-use and development, or non-partisan electoral campaigns, Calvert Street Group manages the politics designed to shape the outcome.
Darden Copeland of Calvert Street Group addressed the mayor and aldermen Monday night, saying that his firm will launch an aggressive grassroots public awareness campaign, a program that will educate the broader public within the DUD service area, and mobilize broad local opposition, . “Since 2003, I have worked personally in probably over forty small towns across Tennessee running political campaigns but also doing a fair amount of public education, land use, public relations, and education campaigns. We work in tandem with citizen groups in communities trying to educate them on whatever the policy issue may be. We’ve literally worked from Memphis up to Bristol and everywhere in between on such issues as charter schools, rock quarries, landfills, the fairgrounds and race track in Nashville, and convention center issues. We come in and meet with community members, try and understand the issues, educate the community on what is at stake here, and then organize a coalition of folks to take action. If everybody is happy with DUD’s proposal then we won’t get any traction. But I think once you educate the public, I think they will see how this really will affect not only Smithville but DeKalb County and the other counties and I think those folks will then try to take action to affect the outcome. We gather information and enable people to make their voices heard,” said Copeland.
In his written proposal, Copeland explains that in order to construct a winning campaign on this issue, Calvert Street Group recommends three major components for success:
1. Educate the Public- We will sound the alarm.
2. Mobilize Opponents-. We will build a coalition of opponents and engage them to carry the fight on our behalf.
3. Apply Pressure- Once we create our database of opponents and likely opponents, we will encourage their participation in upcoming meetings of the DUD and DeKalb County Commission meetings. We will also start a letter writing campaign to state and local officials who oversee the process.
In his proposal, Copeland recommends the following activities, in order of importance:
Newspaper and radio advertisements-Get the word out quickly
Media Relations- Get the evening news on Channels 2, 4, 5, & 17 to tell the story as well as the local media and reporters with the Tennessean
Coalition Building- Form a citizen group to broaden opposition
Direct Mail- to households within the utility districts
Home District Pressure-. Apply public pressure to DUD members
Website- publish all the facts and include an on-line petition drive
Database- build a database of known opponents, polls and letters of support.
Phone ID Program- A LIVE identification call to all DUD service area residents to identify opponents, ask them for their email address, and give them instructions on how to get involved, as well as ask them to attend public hearings and voice their support in various ways.
Letter Campaign- Encourage persons to write letters to DUD members, and others
The Calvert Street Group’s proposal is for work to be done on behalf of the city from the start of the engagement through withdrawal of the plan for the DUD Treatment Plant project, or until acknowledgement that the project will not succeed. The group will serve on a month-to-month basis until the project is deemed “dead” or until either party terminates the relationship.