Mayor Foster Reports County Now Owns all Property under the Library, New Bus Service Operating

Cumberland County Mayor's Report for November by Allen Foster

Cumberland County officially owns the former railroad property under the Art Circle Public Library (ACPL)! You may recall the saga of how the ACPL and parking area is built on top of railroad property. The county has been working on this issue for some years. Originally, the railroad offered to sell the property to the county for $40,000. When the county agreed, the railroad decided to change the price to $45,000. After the county agreed and allocated funding once again, the offer to sell was pulled. I talked to representatives of the railroad during my first week in office. We have negotiated and worked on this issue since that time. In the end, the county paid $23,500 for the property. I have talked to some that believed we should condemn the property, but there were legal issues with that, and to others with various ideas on the handling of the situation. In the end, we needed the property and a deal was successfully negotiated. Government can indeed be slow, but I’m thankful to have this issue resolved. Thanks to all that made this happen!

Introducing Go Upper (or GUPPER as Crossville Mayor James Mayberry​ 

has dubbed it)! Cumberland County has a new deviated fixed-route bus system 

that began service on November 7th!

 
During my campaign, many residents talked about the need for public transportation. About a year ago Mayor Mayberry and I were at a meeting and discussed Cumberland County’s needs with UCHRA. The two bus routes go from the general area of the Health Department up to Walmart and will deviate up to .75 miles. A ride costs $1 or $0.50 for seniors and veterans. For more information call 1-833-UCTRIPS or visit http://ucpublictransit.com.
 
The November 18^th meeting of the full County Commission was held with all Commissioners in attendance except Carl MacLeod, and John Patterson.  
 
RESOLUTIONS
The following resolutions were presented to the Board of Commissioners for consideration (resolution sponsor in parenthesis):
 
RESOLUTION 11-2019-1 – Appoint Cumberland County Solid Waste Director (Foster).  I recommended that Conrad Welch take over as the Solid Waste Director on a permanent basis.  Conrad was placed in the Interim role at the Solid Waste Department since April of this year.  The Commission approved the appointment unanimously.  Conrad will now be the Solid Waste Director and the Interim Maintenance Supervisor while a replacement is found to serve in the Maintenance Supervisor position.

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RESOLUTION 11-2019-2 – Reappoint Members to the Cumberland County Solid Waste Regional Planning Board (Foster).  Everett Bolin and Barry Fields were reappointed to the Solid Waste Regional Planning Board with terms expiring in November of 2025, and Conrad Welch was added to the board with a term expiring in March of 2022.  The vote to approve was 16-0.
 
RESOLUTION 11-2019-3 – Appoint Members to the Wildlife and Fisheries’ Committee (Foster).  Wayne Shadden and Charles Daugherty were unanimously reappointed to the Wildlife and Fisheries Committee with terms expiring in November of 2023.
 
RESOLUTION 11-2019-4 – Budget Amendment, General Fund, Sheriff Department $270.00 (Hyder).  This resolution unanimously accepted donations for candy at the Sheriff’s annual Trunk or Treat event.
 
RESOLUTION 11-2019-5 – Budget Amendment, General Fund, Downtown Crossville, Inc. $1,000.00 (Seiber).  Downtown Crossville, Inc. (DCI) generously donated $1,000 to the county specifically for Christmas decorations at the courthouse.  The resolution to accept was approved 16-0.  I want to thank DCI for this most generous donation, it is appreciated!
 
RESOLUTION 11-2019-6 – Budget Amendment, General Purpose School Fund, Community Donations, $2,478.00 (Wilson).  The Commission unanimously approved the donation from the Fairfield Glade Ladies Club to assist with dual enrollment and industry certification programs in our schools.  A big thank you from the county to the Fairfield Glade Ladies Club!
         
RESOLUTION 11-2019-7 – Budget Amendment, General Fund, Sheriff’s Department, Drug    Enforcement $2,500.00 (Cooper).  The commission unanimously approved additional grant funding from the US Office of National Drug Control Policy – Appalachia High Intensity Drug Trafficking Area (HIDTA), to offset overtime pay costs for drug related investigations.
 
RESOLUTION 11-2019-8 – Budget Amendment, General Fund, Emergency Management Agency, Civil Defense $8,000.00 (Cooper).  Our Emergency Management Agency applied for and received an Emergency Preparedness grant.  The county commission approved acceptance of the funds 16-0.
 
RESOLUTION 11-2019-9 – Budget Amendment, General Fund, County Buildings $16,335.00 (Wilson).  This resolution funded the efforts to replace the telephone hardware and infrastructure improvements needed to move to a Voice Over IP (VoIP) phone system.  The resolution was approved 16-0.
 
RESOLUTION 11-2019-10 – Budget Amendment, General Fund, County Buildings, $84,970.00 (MacLeod).  The Americans with Disabilities Act (ADA) requires the evaluation of public facilities to determine compliance, prepare a transition plan, and provide recommendations for compliance.  In order to develop a plan, the commission voted unanimously to fund and hire architect and engineering services to create the detailed plan that is required by TDOT.
 
RESOLUTION 11-2019-11 – Budget Amendment, General Fund, Sheriff/Jail, $139,191.00 (Stone).  The 25-year-old generator at the Justice Center recently died.  The cost to repair was prohibitive.  The original resolution in the amount of $139,191.00 was to replace the generator with a natural gas generator.  The original request from the sheriff was to replace it with a diesel generator, but after discussion in the Budget Committee meeting, the natural gas generator was approved.  After discussion, the resolution was replaced in order to approve the diesel generator at a total cost of $ 96,591.00.  The motion to approve was 11-4-1.  Commissioners Threet, Wilson, Baldwin, and Blalock voted against the resolution and Commissioner Sherrill passed.
 
RESOLUTION 11-2019-12 – Accept Offer(s) to purchase (3) three properties owned by Cumberland       County (Hyder).  The original resolution was to sell three properties, but one was withdrawn before the meeting.  The Delinquent Tax Committee recommended approval of the following offers:

Offeror(s)	Property	Price	Advertising Fee
Michael Matthews	108 Broken Arrow Drive, Tansi	$266.40	$45
Michael Matthews	110 Broken Arrow Drive, Tansi	$266.40	$45

This will return the property to the tax rolls after it had been removed due to property taxes not being paid for several years.  The resolution was approved unanimously.

RESOLUTION 11-2019-13 – Approve the replacing of the current Cumberland County Personnel Policy (Foster).  The final resolution of the night was replacing the Cumberland County Personnel Policy.  This is the culmination of many months of work, mainly by the county HR Director, Brooke Shaffer.  The policies have been reviewed and revised by CTAS, HR, the County Attorney, the Sheriff, the Finance Director, and me (I hope I didn’t leave anyone out).  Many thanks to all involved, especially Brooke, as she put in many hours in this effort to make sure the county is compliant with Federal and State law.  The Commission passed the resolution adopting the policy unanimously.  If you are interested, the document is posted on the HR Department page on the county website at https://cumberlandcountytn.gov/directory/human-resources/.

FINANCIAL REPORT
Local option sales tax collections came in at $846,819 which is $16,285 below estimated revenue.  Overall, we are $11,803 below the budgeted amount year to date.  Hotel/Motel tax collections are approximately 31.1% of the $817,283 budget as revised down due to last year’s collection.  So far $253,905 has been collected.  Property taxes are starting to come in and stand at 16.7% of budget.  Prisoner boarding is at 17.1% of budget at $127,374 collected.  EMS collections for the month were $324,174.  This puts year to date collections at $1,387,565 which is $54,233 above budget.

One Dead, One Wounded following Domestic Call in Rinnie early Sunday Morning

CCSD Press Release by Sgt. Gary Howard Public Information Office

On November 17, 2019, at approximately 4:48 a.m. Cumberland County deputies were dispatched to a residence on Colby Circle in the Rinnie Community regarding a domestic-related call where an individual was ramming a vehicle at the residence.

Deputies arrived on the scene and were flagged down by an individual in a vehicle who had an apparent gunshot wound requesting assistance. Another individual was discovered in the front yard of the residence suffering from a gunshot wound to the head.

Both gunshot victims, Jude Pennington, age 41, of Ryan Road, Crossville, and Travis Sinard, age 39, of Hood Drive, Crossville, were airlifted to regional trauma centers. Jude Pennington was treated and released for gunshot wounds. Travis Sinard was pronounced dead at 1:28 a.m. (CST) Monday morning at an intensive care unit. His body remains on life support pending organ donor procedures. Cumberland County Sheriff’s Investigators are currently working with the Tennessee Bureau of Investigation and the District Attorney’s Office on the investigation.

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The investigation is ongoing at this time. Deputies requested mutual aid assistance from the Crossville Police Department with multiple units arriving on the scene to determine if there were additional victims. Sheriff’s Deputies were also assisted by Cumberland County Emergency Medical Services, Cumberland County Fire Department, and Crossville Fire Department.

Upcoming City Meetings and Crossville City Hall Closings

Schedule of Upcoming Events:

November 18, 2019                    Lake Commission                           5:30 p.m.

November 19, 2019                    Palace Advisory Board                   1 p.m.

November 20, 2019                    Joint Economic Community

                                                            Development Board                2 p.m.

November 21, 2019                Crossville Regional Planning       

                                                Commission                                       NOON

November 28 and 29, 2019    City Offices CLOSED for Thanksgiving

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Local Law Enforcement Join in Cumberland Overwatch to Reduce Crashes

Cumberland Overwatch set for Nov. 21-23, 2019 Crossville Police Dept press release 

The Tennessee Highway Safety Office will be working closely with Tennessee Highway Patrol, Cumberland County Sheriff Dept and the Crossville Police Department in efforts to decrease crashes along Hwy 127, and Hwy 70 N.

These efforts will begin on November 21 at 12:01 am and progress through Saturday, November 23 at 11:59pm. Officers will be out in force during these times looking for those drivers that may be driving distracted while operating a motor vehicle as well as driving under the influence.

Drivers need to be aware that the use of a cell phone while driving is only legal if the driver is not holding or touching the phone and using a handsfree phone holder.  

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The latest crash statistics revealed that between September and October our crash numbers went from 63 to 91 crashes and from 19 to 28 resulting in injuries to the driver or passenger in those vehicles.

Cumberland Overwatch is an effort to slow down this progression of crashes and crashes with injuries as a team by utilizing local Law Enforcement working together to Make a Difference in their communities.

Planned Power Outage set for Saturday Morning to affect 12,000 VEC Customers

There will be a planned outage at the Crossville Substation Saturday 11/16. It will begin at 7:00 am CST and last for 2 hours. It will also have the Crab Orchard, Lantana, and Crossville 244 out of power for two hours. Approximately 12,229 members will be affected.

This planned outage will allow our lineman and engineers to repair the damage that occurred previously. It will also increase the reliability of service to the Crab Orchard and Lantana Substations.

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Members affected live in Crab Orchard and south of I40 all the way to the Bellview area. The planned outage reaches members as far west as the Thomas Springs area and east as far as Daysville. Calls will go out to affected customers with updated contact information on 11/12 -11/15. For a specific address, check the Smart Hub app or call your local service center.

November CIty Council meeting Looks at Hilltoppers Donation and Water Leak Program changes

City Council to consider a land donation to Hilltopper's, water leak insurance program and a request to the state legislature for a tax increment financing program approval.

Crossville City Council's regular November meeting will be held Tuesday, November 12 at 6 PM at Crossville City Hall.

Crossville City Hall--photo by Jim Young

Several meetings and events are on the evening's schedule including The audit committee meeting at 5:15 PM, the Beer Board meeting at 5:45 PM and an annexation progress hearing at 5:50 PM. All meetings are open to the public.

A lengthy list of items under the consent agenda are expected to be handled and a few other items needing further discussion.

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One item on the agenda that is coming back after an action earlier in the year is the possible donation of land to Hilltoppers if they sell their current land and building across from the Crossville Outlet Mall in support of economic development.

The Hilltopper's property, purchased in 1986 for $350,000, is currently assessed by the state with a value of $594,000 for property and improvements. The city is looking at a 6+ acre property off of Industrial Drive to donate to the organization to construct a new building.

The council is looking at making appointments to the Convention and Visitor's Bureau and the Airport committee.

Council has previously considered a service that would cover customer water leaks. For a small monthly fee added to the water bill, the cost of leaks would be covered to the customer. A company connected to Plateau Insurance Group in Crossville, Water Leak Relief has submitted a proposal to the Council to offer their services to the City of Crossville utility customers.

If a customer has a leak, the program pays the difference between the customer’s average monthly water bill and the qualifying water leak bill amount up to the service limit amount proposed at $2,500 with a maximum benefit of two claims per year. The monthly fee would be $1.40 per month/customer for residential. Customers could opt out but would be responsible for the entire water leak bill if they choose to do so. The city's current water leak policy would be ended with the new program.

Customers could also insure their water and sewer lines for repair for an additional cost and commercial customers would pay a higher fee.

Council will consider a resolution requesting a change to the state law concerning sales tax increment financing programs that would allow Crossville to take advantage of the program as well as other counties that are bordered by three or more distressed counties. The TIF program currently allows for apportioning and distributing sales and use tax revenue to commercial development districts in economically distressed counties.

NWS Special Weather Statement--Plateau could see up to an inch of snow and bitter cold wind chills.

Good Chance of Light Snow Accumulations Tonight...

A strong cold front will bring rainfall and falling temperatures
to the area today. As cold air catches up with the moisture, the
rain will turn to snow this evening and through the overnight
hours. Snowfall accumulations will be light and will range from a
dusting up to one half inch, and possibly around an inch on the
Cumberland Plateau. Due to the light snow amounts and some
residual surface moisture, area roadways could develop slick spots
as overnight lows will bottom out in the mid 20s by sunrise
Tuesday.

An approaching cold front bringing rain showers into Middle TN this 

afternoon, but by early evening, the cold air mass following
the frontal system will help to change the rain briefly to
a rain/snow mix and eventually over to all snow.

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Snowfall accumulations are expected to be light, with up to around
an inch possible on the Cumberland Plateau, and a dusting up to
around a half inch elsewhere.

Travel impacts should be minimal west of the Cumberland Plateau.
However, some slick spots will be possible on area roadways,
especially on bridges and overpasses. Travel impacts will be
possible across the Plateau Tuesday morning due to slightly more
snowfall.

Wind chills may be one of the larger impacts Tuesday morning, with
low teen to single digit wind chills possible across all of
Middle TN.

Knoxville Based SmartBank to purchase Progressive Savings Bank Group

SmartFinancial, Inc., (Nasdaq: SMBK) (“SmartFinancial”), the parent company of SmartBank, and Progressive Financial Group Inc., (“Progressive”), the parent company of Progressive Savings Bank, jointly announced today their entry into an agreement and plan of merger pursuant to which SmartFinancial will acquire Progressive.

As of September 30, 2019, Progressive had approximately $296 million of total assets, $258 million in deposits, $190 million in net loans and six branches across Cookeville, Crossville, Jamestown, and Wartburg, Tennessee. The proposed transaction will bolster SmartFinancial’s presence in Tennessee and, based on market share data as of June 30, 2019, SmartFinancial will become the 7th largest community bank by deposits in Tennessee, with total consolidated assets in excess of $2.7 billion.

“The Progressive franchise is complementary to our existing Tennessee footprint, adding adjacent markets where we are excited to introduce the SmartBank banking brand,” explained Billy Carroll, President and CEO of SmartFinancial. “Progressive shares a similar culture to us and their talented team will strengthen our market position and product capabilities.”

“This partnership enhances our strategic vision of building stronger market share in Tennessee,” commented Miller Welborn, Chairman of the Board of SmartFinancial. “We have a proven ability to excel in college markets such as Chattanooga, Knoxville, Murfreesboro and Tuscaloosa. The addition of Cookeville, home of Tennessee Tech University with a student body in excess of 10,000, is a logical extension of our footprint that will further enhance our franchise.”

The transaction consideration, which is comprised of 1,292,592.556 shares of SmartFinancial stock and $14.6 million of cash, is valued on an aggregate basis at approximately $41.4 million, based on SmartFinancial’s closing stock price on October 28, 2019. Based on Progressive’s tangible common equity as of September 30, 2019, the implied price to tangible book value is approximately 124%. The acquisition, which is subject to customary closing conditions including the approval of Progressive shareholders and the receipt of all necessary regulatory approvals is expected to be completed in the first half of 2020.

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Upon completion of the merger, Ottis H. Phillips, Chief Executive Officer of Progressive, will join the board of SmartFinancial. “We are excited by the prospects of joining a well-respected community bank with strong ties to the state of Tennessee,” remarked Phillips. “We view SmartFinancial as a natural partner and I truly believe that this will be a win-win for all parties involved, including our shareholders, customers, employees and the communities we represent.”

Crossville City Council Work session to discuss Mobile Food Truck Regulations

The November work session for the Crossville City Council will be Tuesday, November 5 at 5 PM and is preceded by an executive session with city attorney Will Ridley at 4:30 PM that evening.

Food Truck Regulations to be considered by

Crossville City Council. (Photo by Jim Young)

The meeting will be held in the third floor conference room at Crossville city hall.

Some of the items to be discussed in preparation for possible decisions at the regular November Council meeting include an ordinance concerning mobile food trucks. City manager Greg Wood is slated to discuss the matter after issues at the parks during special events.

A sample ordinance used by some neighboring cities has been provided with the agenda for council members to consider. Such an ordinance could require a license to operate in the city limits and follow additional rules and regulations.

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Council will also hear a proposal on a water leak adjustment program, a commercial hangar lease at the Crossville airport and setting cruise-in dates for road closings during 2020.

Council will discuss appointments to the Convention and Visitor's Bureau, renewal of the Downtown Crossville Inc. lease on the city-owned Snodgrass building and accepting several grants.

Other mostly routine items are also on the work session agenda.

Crossville Dragway Signs New Lease--Making Preparations for 2020 Season

Crossville Dragway announces that a five-year lease has been signed between track operator Michael Newcome and property owner Tommy Fitzgerald. 

This agreement allows the local drag strip to continue operation for many years to come. Preparations for the 2020 drag racing season have already begun, with plans to host weekly races and fun events for the whole family to enjoy.

Crossville Dragway Aerial (Courtesy Crossville Dragway)

Michael Newcome and Rick Wetherbee operated the track in 2018 and 2019, but Wetherbee has chosen to pursue other business ventures. Still close friends with his former business partner, Newcome will now have 100 percent control of operations. Newcome and his family are based in Crossville, Tennessee, and have been involved with drag racing for many years. Newcome’s firsthand drag racing experience offers a great benefit to racers and spectators, and his prior experience as track operator allows for a smooth transition into next season.

The racing season will begin in March and last until November, with test and tune every Friday night, and weekly races on Saturday. In addition to weekly bracket racing programs, Crossville Dragway will host a monthly Heads Up race, with outlaw street cars going head to head. There will also be a monthly “Big Money Bracket Race”, offering thousands of dollars to the winners.

Along with the scheduled weekly and monthly races, Crossville Dragway plans to host several special events to draw thousands of people to the drag strip. Included in these plans are guest appearances by stars from the “Street Outlaws” TV show, as well as other special events, such as the Rocky Top Diesel Shootout. The five-year lease agreement allows Newcome to strategically plan the drag strip’s long-term goals, and plan events well in advance.

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In regard to the recent announcement, the Newcome family offers an invitation to all racers and fans to join them when the gates open in March 2020. “We are going to put on some awesome family-friendly drag racing events in 2020, and we invite car enthusiasts of all ages to check out the action”, said Michael Newcome.

Crossville Dragway has a rich history, beginning in 1978, and the track underwent a ground-up renovation in 2016. This enormous investment brought the track to modern standards with a new all-concrete racing surface, up-to-date equipment and many new features to attract racers and fans alike. Since its renovation, Crossville Dragway has proven to be one of the premier drag strips in the Southeast.

Crossville Dragway will remain a family-oriented facility, as the Newcome family will be working at the track to make the 2020 racing season fun for everyone. Crossville Dragway will begin its season in March with Test and Tune sessions and grudge racing, as weather permits. The 2020 racing schedule will be finalized soon. For more information about the new and improved Crossville Dragway, please call 931-335-9837 or check out www.crossvilledragway.com.

Crossville Bondsman files Civil Rights claim against State Investigators and Cumberland Co. Sheriff and deputies.

A Crossville businessman is suing investigators for the Tennessee Department of Revenue and the TBI along with Cumberland County, the Sheriff and several deputies for violation of his Civil Rights over an incident that occurred last year.

Jim Howe Jr., doing business as Big Jim's Bonding filed the suit alleging violations of his Fourth and Fourteenth Amendment rights as well as violations of due process, civil conspiracy, conversion of property and invasion of privacy.

Office of Big Jim's Bail Bonds (Photo by Jim Young)

The lawsuit names as defendants, Ronny Howell and Elizabeth Williams both individually as well as Cumberland County, Sheriff Casey Cox, Jason Elmore, Jon Wirey, and Jeff Slayton, each individually and in their official capacity.

The lawsuit was filed on Mr. Howe's behalf by attorneys Ivy Gardner of Crossville and Robert Brooks of Carthage. Mr. Brooks specializes in Civil Rights actions handling such cases for some 40 years. Mr. Brooks explained that this type of suit can't be filed against the state and that is the reason for filing against the two state employees individually.

According to the suit, Ronny Howell is employed by the State Department of Revenue as an investigator and Elizabeth Williams is a TBI investigator.

The suit alleges that a search warrant was served late in the day of August 29 on the office of Big Jim's Bonding, allegedly over a matter of late payment of taxes due on bonds written. The suit states that Howe had previously made arrangements to have the arrears paid and was working directly with a Cookeville representative of the Department of Revenue to have the tax matters resolved.

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The day before, the warrant was served, defendants Elizabeth Williams and Jeff Slayton questioned Howe about allegations of him writing bonds in exchange for drugs and sex. Howe denied the allegations and knew clients had been questioned about those claims. According to Howe's attorneys, no charges have ever been filed regarding any of those allegations.

The search of Howe's business office took 5 hours and at one point during the search, Howe and his attorney were forced out of the office and locked out of the building. Among the items seized were a bail bond tax return and check completed and ready to mail on Howe's desk along with computers, cell phones, cash, business and financial records. Also seized were personal cell phones of employees and their personal cars were also searched.

A lengthy list of items seized were held for some two months before some of the items were returned. A number of evidence bags were not returned along with some $7,900 cash. Howe's cell phone was broken and there was evidence that the phone had been accessed. Other seized cell phones also had been accessed.

On a recent phone call, Mr. Brooks said that none of the parties involved seemed to be able to say what had happened to the cash.

The suit alleges that Howe has suffered a loss in business and damage to his reputation. An additional loss in business of business is alleged by the sheriff's department changing the phone number in the jail directory for Big Jim's Bonding to the number of one of his competitors. In addition, deputies are alleged to have listed Howe's personal cell number as an office number.

Other damages claimed by the suit include the conversion of property and cash that has not been returned along with physical, mental and emotional pain and suffering. Additional damages claimed include general, special and punitive damages and requesting pre and post-judgment interest, all costs and attorney fees and expenses.