Repaving of Downtown Streets to Begin Tuesday

The Tinsley Asphalt Company has completed milling downtown city streets and paving is expected to begin Tuesday, September 13.
According to City Public Works Director Kevin Robinson, Officials of Tinsley have informed him that the work is tentatively scheduled for Tuesday but that is subject to change. The project should be completed within a few days thereafter.
In addition to the public square around the courthouse, streets to paved are Don Cantrell Street by City Hall, West Walnut Street, East Main Street, West Main Street, and West Market Street. The work is being done in sections and only the sections being worked on will be closed. The remainder of the square and streets are open
The courthouse and all businesses in the area will also remain open during this period

Elderly Woman Uninjured As Car Plunges Down Embankment

An 85 year old Lebanon woman was released from the hospital this morning (Wednesday) after a two vehicle accident on West Broad and Anthony Avenue in which her car plunged down an embankment to a creek.
Jean Hampton was helped from her vehicle and back up the embankment by members of the Smithville Volunteer Fire Department and DeKalb EMS. Hampton was then transported by ambulance to the hospital for observation. She was not believed to have been injured.
Patrolman Will Judkins of the Smithville Police Department told WJLE that Hampton was traveling east on Broad Street in a 2013 silver Toyota Prius when her car was hit in the rear passenger side by a 2014 Hyundai Santa Fe, driven by 64 year old Deborah Kaye Agee of Smithville.
Officer Judkins said Agee was north on Anthony Avenue but had come to a stop before entering Broad Street. According to Agee, she looked west and saw the approaching Prius but thought she saw the right turn signal light on indicating that the car was going to turn onto Anthony Avenue. She then pulled out onto the highway and struck the Prius. Agee was not injured. After impact, the Prius went off the right side of the highway and down an embankment before coming to a stop in the creek with ankle deep water.

Man Flees Scene After Two Vehicle Crash

Smithville Police investigated a two vehicle personal injury crash Saturday night on South Congress Boulevard in which one of the drivers fled the scene on foot.
The wreck occurred in front of Jewel’s Market.
According to the investigation and witness statements, 32 year old Marco Vinicio Aquirre of Smithville was traveling north on South Congress Boulevard in a 2001 Saturn when a southbound 1997 Ford Explorer, driven by 29 year old Ricky Wilbert Hendrixson of Smithville turned left into Jewel’s Market in front of the Saturn causing a collision.
30 year old Dely Raquel Bustillo of Smithville was a passenger of the Saturn and was taken by DeKalb EMS to the hospital.
39 year old Jesse Cox of Smithville was a passenger with Hendrixson.
Police report that after the collision, the driver of the Ford Explorer (Hendrixson) fled on foot. The passenger (Cox) remained on the scene and told officers that Hendrixson left the scene because he believed he had a warrant against him.
Neither Aquirre, Hendrixson, or Cox were injured in the crash.
The accident was investigated by Officer Harley Lawrence of the Smithville Police Department. Members of the Smithville Volunteer Fire Department and DeKalb EMS were also on the scene.

Jury Convicts Man of Liquor Store Burglary

A man charged with breaking into Center Hill Wine and Spirits and taking two bottles of vodka last September stood trial and was found guilty in DeKalb County Criminal Court Tuesday.
After deliberating for less than an hour a jury of ten men and two women convicted 51 year old Amail John Land of burglary, vandalism, and theft and imposed a total fine of $3,250. The trial was covered exclusively by WJLE
Following the verdict, Judge David Patterson scheduled a sentencing hearing of December 12 for Land and revoked his bond. He will be incarcerated at the DeKalb County jail until that hearing.
Land, who was seated beside his legal representatives District Public Defender Craig Fickling and Assistant Allison West, became upset upon hearing that his bond was being revoked and pointed toward the Smithville Police Detectives who testified against him, Brandon Donnell and Matt Holmes, and said “I hope you’re happy now. This is not over yet. You’re going to lose your jobs over this”. Judge Patterson then ordered the court officer to remove Land from the courtroom and to take him into custody.
Land is facing the possibility of being sentenced as a career offender. According to Stephanie Johnson, Assistant District Attorney General, Land has eleven prior felony convictions, including ten for burglary and the state will be seeking the maximum sentence for Land which is twelve years to be served at 60%.
During the trial Tuesday, the state called three witnesses, James Bradshaw, the owner of Center Hill Wine and Spirits along with Detectives Donnell and Holmes.
Land did not testify in his own defense and no other witnesses were called to testify on his behalf.
“The proof the jury heard today (Tuesday) was that on September 25, 2015 the defendant (Land) threw a rock through the door of Center Hill Wine and Spirits on South Congress Boulevard at around 5:00 a.m. The victim (Bradshaw) received notification from his alarm company that morning that his business had been broken into. He immediately responded as did law enforcement. They viewed some surveillance footage from a store security camera. Law enforcement officers recognized the defendant (Land) as being depicted on that footage and attempted to make contact with him. Later that afternoon the defendant (Land) came back in the store and the owner (Bradshaw) immediately recognized him from the security footage and notified law enforcement that he was back in the store. Law enforcement conducted an interview and the defendant (Land) made the admission to breaking the door and taking two bottles of vodka from the business,” said Assistant D.A. Johnson.
However in her closing remarks to the jury, Assistant Public Defender West took issue with the police investigation in this case, saying the detectives failed to preserve evidence and produce recordings of interviews with the defendant and that they had not presented sufficient proof to convict Land.
“The police have a duty to preserve evidence. You heard testimony from two officers who have a good deal of training and experience who know that it is important to keep records and to keep recordings with suspects and witnesses yet they didn’t do that. They knowingly chose not to do that because Mr. Land didn’t say what they wanted him to say when they spoke with him. That’s a failure of them to perform their duties. They have a duty to gather evidence,” said West.
“Initially when the defendant was interviewed in the interview room at the police department, Land denied any involvement in this offense and that is why that interview was not recorded. It wasn’t until later during a more casual point when they were about to book him that Land made this spontaneous admission to this offense,” said Assistant D.A. Johnson.
The crime was also captured on video from the store’s surveillance camera but that was lost later when Bradshaw inadvertently erased it as he was trying to preserve it. “He wasn’t familiar with his surveillance system at that point. It is a very sophisticated system and he had only been open two weeks. But officers were able to capture some still photographs from that video footage which showed the defendant outside the door with a rock in his hand,” said Johnson.
West, during her closing remarks to the jury, said regardless of what happened to it, the video no longer exists and that it could have been useful to the defense.
“You didn’t get the see the surveillance video today. It was deleted. By mistake yes but deleted none the less. If we had it here today there would be no question who is responsible for this. We probably wouldn’t be here having to decide these things because it would be clear that Mr. Land is innocent of these charges,” said West.
She said the investigators also “dropped the ball” in other aspects of the case. “They haven’t brought this rock in that was supposedly used to break the window at the liquor store. They haven’t presented you with a picture of the broken glass. There is no evidence that Mr. Land was found with these vodka bottles. There are a lot of things in this case that are missing and it is because of the police officers’ failure to complete their duties. The evidence today is that the police dropped the ball here. There is not enough evidence before you today to convict Mr. Land of these crimes,” West concluded.
In her closing remarks to the jury, Assistant D.A. Johnson said the Public Defenders for Land were trying to shift the blame from their client to the police. “The defense would like you to focus all your attention on the police officers. They want you to blame the police because they didn’t record an interview where the defendant denied any involvement. Detective Donnell testified that during that initial interview the defendant denied being involved in this offense. They want you to forget the fact that we have these photographs which clearly depict the defendant. The detectives immediately knew who they were looking for. The proof is overwhelming and undeniable in this case. It’s overwhelming against this defendant. He (Land) burglarized Mr. Bradshaw’s business and stole from him, but they (Public Defenders) want you to lessen his accountability for those crimes. The state has shown you enough proof that your mind can rest easy that the defendant is guilty,” concluded Johnson.

Three Involved in Labor Day Crash

Three people were involved in a two car crash Labor Day on Highway 70 east near the old Ragland Bottom Restaurant location.
Trooper Brandon Jackson of the Tennessee Highway Patrol told WJLE that 36 year old John Corey Vickers of Auburntown was traveling east in a 2000 Honda Accord when he apparently came across the double yellow lines of the highway and struck a westbound 2012 Chrysler 200, driven by 48 year old Tina Kessler. Her daughter, a minor, was a passenger with Kessler.
According to Trooper Jackson, Kessler saw Vickers’ car coming across and tried to pull off the road to avoid the collision.
She and her daughter were taken by DeKalb EMS to the hospital where they were treated and released.
Vickers was placed in custody at the scene and taken to the hospital for treatment of minor injuries and for a blood withdrawal. He was later charged with driving under the influence due to drugs and cited for failure to exercise due care and for an expired tag.

Truck Driver Escapes Injury in Semi Wreck on Allen Ferry Road

A truck driver from Knoxville escaped injury when he lost control of his rig on Allen Ferry Road (State Highway 83) Friday afternoon.
Trooper Chris Delong of the Tennessee Highway Patrol told WJLE that 63 year old Joseph Colorusso was traveling on Allen Ferry Road toward Highway 70 in a 2015 Freightliner when the semi dropped of the right side of the road. Colorusso overcorrected and came back across the highway and went off the left side of road and jackknifed with the trailer blocking most of the roadway.
According to Trooper Delong, Colorusso was enroute to Lebanon and was hauling pallets of cardboard.

Reservations Open for History Hayride at Edgar Evins State Park

Don’t miss the wagon! It’s time to make reservations for the 11th Annual History Hayride at Edgar Evins State Park, Sat., Oct. 8th. Ride wagons back into the past where costumed characters from the history of the park and surrounding area will tell their stories. Between stops there will be narrators who will give additional historical details. The price is still $15 per person for the approximately 2 hour circuit.
Reservations are required and may be made at https://www.tnvacation.com/events/8740 If you need help making on-line reservations call the park office for contact information for Fount Bertram, President of Friends of Edgar Evins State Park. He or Mrs. Bertram will be happy to assist you. The park office phone numbers are (931) 858-2114 or toll free at 1-800-250-8619
Ten loads are scheduled at 30 minute intervals with report times running from 1:30 to 6:30 p.m. at the park office. Reservations will be for a specific wagon load. This is not a Halloween themed event and is not suitable for small children or anyone unable to sit quietly for about 2 hours.
Edgar Evins State Park is located on in DeKalb County on Center Hill Lake. The physical address for GPS users is 1630 Edgar Evins Park Rd., Silverpoint, TN 38582 It is approximately 20 miles north of Smithville, 20 miles west of Cookeville and 60 miles east of Nashville. From I-40 take exit 268 at State Hwy. 96 and Center Hill Lake. The park entrance is located across the highway from the Big Rock Market and Caney Fork Outdoors.
The History Hayride is a fundraiser for the all-volunteer non-profit Friends of Edgar Evins State Park with the help of park employees. The Friends will provide complimentary hot beverages in the office with homemade cookies for sale in individual portions. Profits from this and other fundraisers by the Friends go toward improvement of park facilities. You may find out more about the group by visiting friendsofeesp on Facebook or on their website at www.foeesp.alturl.com
For those who wish to make this an overnight or weekend outing there are cabins and camping at the park. On-line reservations for cabins and camping may be made at http://tnstateparks.com/parks.about/edgar-evins or call the park office.

Many DeKalb Homeowners Now Eligible for Lower Insurance Premiums

Many DeKalb County homeowners are now eligible for lower insurance premiums.
Effective Thursday, September 1, DeKalb County’s Property Protection Classification or PPC rating of 6 by the Insurance Services Office, Inc. (ISO) applies to all homes or properties in the service area of the DeKalb County Volunteer Fire Department which are located within five road miles of any of the eleven DeKalb County Fire Department Stations, regardless of whether or not these homes are near a fire hydrant or credited alternative water source. This rating does not affect the current rating for residents in the cities of Smithville and Alexandria, which have their own fire departments.
“We want all of our residents and property owners in the county to know they are now eligible for better insurance ratings on their property. If you have a current policy, it is your obligation to contact your insurance company and make sure they are aware of the new property protection classification and that it took effect September 1. While not all insurance companies use the ISO tool, the majority do,” said DeKalb County Fire Chief Donny Green.
Prior to September 1, homes or properties in the DeKalb County Fire Department’s service area had to be located within 1,000 feet of a fire hydrant or credited alternative water supply to qualify for the PPC 6 rating. Otherwise, they had a PPC rating of 9.
“None of our surrounding counties have a county wide classification of 6 or better. We do have cities within our county (Smithville and Alexandria) and surrounding counties that have city fire departments with better ratings within those towns but as far as a county wide property protection classification, we’re the only one in this area or in any of our surrounding counties that has a county wide property protection classification of 6 or better,” Chief Green continued.
In March, the DeKalb County Fire Department was evaluated by ISO for its capabilities to supply water using the “hauling water” method. According to Chief Green, the department had to demonstrate that it could supply a minimum of 250 gallons of water per minute for two hours to all areas in the county-wide jurisdiction (264 square miles) in order to meet ISO Water supply requirements.
“It’s a stringent testing procedure and we had to prove that we can do this. Although we don’t have a lot of fire hydrants in the county, we do have some alternative water supply sources. We got those (water supply sources) credited about five years ago. We had to go through a series of testing with those which included boat ramps where we can access the lake, creeks and ponds, and even swimming pools can count for that. We got those credited and that helped. Then we did a hauling water evaluation where we haul the water to the scene using tankers along with portable drop tanks at the scene. We then shuttle the water from hydrants or alternative water supply sources so that we can provide a minimum of 250 gallons per minute for two consecutive hours. Once we demonstrated that we can do that in 85% of our coverage area in our jurisdiction, we were able to earn the county wide property protection classification improvement to a Class 6. We did our evaluation in March and got our new classification notice in June. The effective date was September 1,” Chief Green said.
Green is appreciative of the hard work of the fellow firefighters in achieving this accomplishment along with the support of County Mayor Tim Stribling, County Commission, the DeKalb County 911 Communications Center, and the water utility districts that serve DeKalb County.
“We worked on this fervently for over six months just getting the documentation and doing the testing. I had a lot of men and women in our fire department that worked extremely hard to help us do this testing. I also credit the County Commission and County Mayor. A lot of the equipment additions, training, and improvements we’ve seen in the last several years is because the County Commission has helped us. We’ve got a lot of this through grants but the County Commission and County Mayor have been very supportive by approving the matching funds for the grants in helping us improve our equipment to get to this point,” said Chief Green.
County Mayor Tim Stribling said he is proud of the County Fire Department and the work done on behalf of the citizens here. “This is evidence of how hard our fire department has worked to improve the ISO rating for the citizens of our county to provide them a better service,” he said.

Landowner Seeks Court Injunction to Stop Construction of New SES Substation (VIEW ACTUAL COMPLAINT HERE)

The developer of a residential subdivision has been trying unsuccessfully for months to keep Smithville Electric System from building a new substation or electric supply and service industrial use on South College Street near his property. He is now taking his case to court.
(CLICK LINK BELOW TO VIEW ACTUAL COMPLAINT. After saving this document, you can go to “View” -> “Rotate View” -> “Clockwise” to make it easier to read)
JOE RICE FILING_001.pdf (3.25 MB)
Joe Rice, developer of the Meadowview Subdivision, is seeking action in DeKalb County Chancery Court to block construction of the facility.
Attorneys Sarah Cripps and Brandon Cox filed a complaint Friday, September 2 on behalf of Rice against the Smithville Electric System (SES) and the City of Smithville seeking a declaratory judgment to construe and apply TCA (the law) to the issue. They are also asking for a temporary injunction and a permanent injunction to enjoin and prohibit SES from erecting this industrial use facility in an R-1 low density residential district, and for any further relief. Cripps and Cox want a hearing on the request for an injunction Thursday, September 8 at 9:00 a.m. or as soon thereafter as counsel may be heard in DeKalb County Chancery Court.
Cripps and Cox assert that Smithville Electric System defied state law by forging ahead with excavation of the site for the new substation after the Smithville Planning Commission rejected the plans during a meeting on June 14 based on the grounds that the proposed location by SES is inconsistent with the city’s Land Use and Transportation Plan. The attorneys for Rice contend that the SES board was required to appeal the planning commission’s decision to the chief legislative body for the city, the mayor and board of aldermen, which has the power to ratify or overrule the planning commission by a simple majority vote, but that the SES board did not file an appeal and instead voted to proceed with the project.
However, City Attorney Vester Parsley, Jr. said at the June 14 Smithville Planning Commission meeting that the Smithville Electric System Board of Directors has the authority to overrule the decision of the planning commission and proceed with its plans without having to make an appeal to the Smithville Board of Mayor and Aldermen.
While SES would continue to share the existing substation on West Main Street with TVA and Caney Fork Electric Cooperative, the new one would be solely for the use of Smithville Electric System in order to provide a secondary source of power especially in times of emergencies and to ensure continued reliability for current and future demands
Richie Knowles, Manager of Smithville Electric System, told the planning commission at the June 14 meeting that the new substation is needed to keep the utility from having to conduct city wide power outages when work is required on the existing substation. “ We are in the middle of a project. An upgrade at our current substation and we’re going to have to take three or four city wide power outages to do that. And that is very costly to our industries. I don’t have a number for that but I know it’s a lot. And they have asked us not to take anymore city wide power outages. That’s the reason for building a second substation. So we can feed everything out of this substation for the whole city and upgrade the other substation without having to take those outages,” said Knowles.
Rice’s attorneys claim that his (Rice’s) rights are currently and will continue to be violated as a direct result of SES’s actions in constructing an electrical service and supply substation on real property near Rice’s residential development. They further assert that the proposed construction of an industrial use structure (electrical service and supply substation) in an R-1 low density residential district has an adverse impact on the residential subdivision and real property owned by Rice and will result in continued and marked depreciation of the value of Rice’s real property and to persons who reside directly adjacent to the location of the proposed construction, unless a temporary and permanent injunction is issued by the court.
Cripps and Cox allege that an electrical service and supply substation at the proposed location will create both auditory and visual pollution to residents closeby and that approximately two acres of the SES property for this facility is located within a protected wetlands area which will cause serious, permanent, and irreparable harm and damage to the ecosystem and environment of such a protected wetlands area if the substation is built there.
Smithville Electric System apparently asserts that it is an entity wholly separate from the municipality, City of Smithville in that its budget is separate from the city’s budget. But Cripps and Cox claim that SES’s contention that it is independent from the city is unsupported by the utility’s own by-laws and other proof. They say SES has the status of a governmental department authorized by and subject to the Smithville Board of Mayor and Aldermen.
According to Cripps and Cox, Smithville Electric System is a public utility, wholly owned by the City of Smithville as a governmental department of the municipality and that the authorization or financing of SES falls directly within the scope and ambit of the chief legislative body of the city, the board of mayor and aldermen. They further reference the by-laws of Smithville Electric System which show a relationship between the city and the utility in that the members of SES must be appointed by the mayor and approved by the aldermen; that a member of the board of mayor and aldermen shall serve as an ex officio SES board member with full voting privileges; that SES is required to prepare and file a complete annual report with the board of mayor and aldermen each year; and that under state law, the city conducts an annual or causes to be made an annual audit of the accounts and records of all departments including SES. As further proof that the city considers SES a governmental entity, Smithville Electric System obtained a building permit for this proposed substation without having to pay a fee.
In the complaint filed Friday, Cripps and Cox state that the Smithville Electric Power Board voted unanimously on June 24, 2015 to authorize the purchase of a home and approximately 5.54 acres of real property situated at 1223 South College Street in Smithville for the sum of $150,000 for the purpose of erecting an industrial use, to wit: an electrical service and supply substation being 20,160 square feet in size and being capricious enough unilaterally to supply electric power to all industries, businesses, and residences within the City of Smithville. At all times material to this cause of action, the aforementioned 5.54 acres has been located within an R-1 low density residential district within the City of Smithville”.
“On Tuesday, June 14, 2016 the Smithville Planning Commission voted to disapprove the South College Street location for the proposed electrical service and supply substation pursuant to the provisions of TCA (state law) on the grounds that the location of the proposed construction of an electrical service and supply substation at this location is inconsistent with and contrary to the City of Smithville’s Land Use and Transportation Plan recently adopted by the Smithville Planning Commission”.
“Subsequently, the Smithville Electric Power Board voted unanimously to defy the June 14 decision of the Smithville Planning Commission and determined to proceed with construction of the electrical service and supply substation upon the real property situated at 1233 South College Street in Smithville, all without first obtaining a final decision from the City of Smithville’s Board of Mayor and Aldermen either ratifying or overruling the June 14 action of the Smithville Planning Commission”.
“Indeed, SES has, in short, determined that it is a law unto itself and, hence, subject to the authority of neither the Smithville Planning Commission nor the chief legislative body of the City of Smithville, i.e., the Smithville Board of Mayor and Aldermen”.
“Plaintiff, Joe Rice, is the developer of the Meadowview Subdivision, a residential development located within an R-1 low density residential district and situated in close proximity to the location put forward by the SES for construction of its electrical service and supply substation. Plaintiff Rice is the fee simple owner of 39 lots or parcels of unimproved real property within the Meadowview Subdivision.”
“Plaintiff Rice commences this declaratory judgment action seeking to have this Court construe and apply the provisions of Tennessee Code Annotated to the facts of the case. Specifically, Plaintiff Rice asserts: (1) SES is a public utility and governmental department of the municipality, City of Smithville; (2) that Smithville Electric System is wholly owned by the City; and (3) that the City has authorized SES to sell, furnish, and disseminate hydroelectric power within the corporate limits of the City. Moreover, Plaintiff Rice will demonstrate that the authorization or financing of the SES falls directly within the scope and ambit of the chief legislative body of the municipality, i.e., the Smithville Board of Mayor and Aldermen.”
“Additionally, Plaintiff Rice respectfully urges this Court to find and conclude that TCA (state law) as applied to the facts of the instant case, requires that the location and the extent of the electrical service and supply substation proposed to be constructed by the SES be submitted for final decision by a simple majority vote of the members of the chief legislative body of the municipality, the Smithville Board of Mayor and Aldermen.”
“In addition, the Plaintiff Rice respectfully asks this Honorable Court for entry and filing of an order declaring that Smithville Electric System violated the provisions of TCA (state law) by acting in complete defiance and utter disregard of the June 14 ruling of the Smithville Planning Commission and instead, proceeded to excavate and prepare the site for construction of an electrical service and supply substation without first appealing the ruling of the Smithville Planning Commission to the chief legislative body of the City of Smithville, i.e. the Smithville Board of Mayor and Aldermen.”
“Finally, Plaintiff Rice will demonstrate that he has suffered and will continue to suffer immediate and irreparable injury, loss, damage, and harm if Smithville Electric System and the City are not temporarily and permanently enjoined and prohibited from constructing an electrical service and supply substation proximal to Rice’s residential subdivision.”

4-H Members Participate in Summer Livestock Shows

Three DeKalb County 4-H members had a busy summer preparing for and exhibiting at local, regional, and state livestock shows. Paul Oliver, a 5th grader at Northside, showed sheep. Caitlyn Lawrence, senior at DCHS, and Colby Barnes, 6th grader at DMS, both exhibited goats.
Paul’s sheep all placed in the top 5 at both the regional and state level. He had two breeding ewes that placed 2nd in their class as a bred by exhibitor. Exhibitors get extra credit for raising their own animals. Caitlyn and Colby also placed in the top 5 with all of their goats at the regional 4-H show, with Colby having a 2nd and 3rd place. They also participated in local fairs around the area and have more goat shows coming this fall.
All three members also competed in skillathon and showmanship. The skillathon is an exam that tests knowledge of breeds, nutrition, health, and other parts of the respective livestock industry. Paul placed 3rd in his age group in the regional skillathon. During showmanship, the exhibitor is judged on how well they handle and show their animal for the judge.
Showing livestock takes time, hard work, perseverance, and responsibility but is fun and rewarding in the end. Paul, Colby, and Caitlyn all did an excellent job representing DeKalb County on all show levels. For more information about DeKalb County 4-H activities, please call 615-597-4945.
UT/TSU Extension is a proud part of the University of Tennessee Institute of Agriculture and Tennessee State University Cooperative Extension.
UT/TSU Extension provides equal opportunities in programs and employment through the cooperation of county, state, and federal governments.