Two Overton women killed in I-40 crash
Ordinance approved to fight meth
New Beer Board has similar flavor
Overton women killed in I-40 crash
Two Overton County women died Sunday afternoon when
the Ford Taurus they were travelling in on Interstate 40 was struck
by a tractor-trailer. According to information provided by the Carthage
Courier, the collision occurred around 2:25 p.m. at the 225 mile
marker in the eastbound lane, a short distance from the Alexandria
exit. Driver Elizabeth A. Stephens, 44, and passenger, her mother,
Elizabeth Upchurch, 65, both of Livingston, died at the scene.
After striking the Taurus, the tractor-trailer collided
with this tractor-trailer, also headed eastbound, occupied by Fred
W. Harvey, 53, and Sharon J. Harvey, 49, both of Tullahoma. Both
were in critical condition and taken to Erlanger Hospital by Life
Force and Life Flight air ambulances.
According to reports, this tractor-trailer jackknifed
in the westbound lane and crossed over the median into eastbound
traffic, driving over the Ford Taurus and colliding with another
tractor-trailer. The out-of-control truck, which was hauling broccoli,
was driven by Tuan Thanh Tran, 29, of Garden Grove, CA, with Phuong
Thanh Nguyen, 31, of Anaheim, CA , as a passenger. They were reportedly
taken to Smith County Memorial Hospital for treatment, and were
later transferred to Vanderbilt University Medical Center in Nashville.
top of page
approved to fight meth
By DEWAIN E. PEEK, OCN staff
In an effort to fight the manufacturing of methamphetamine, Livingston
City Council approved the first reading of an ordinance regulating
the display and sale of products containing ephedrine, pseudoephedrine,
All aldermen present at the Tuesday, Sept. 7 regular
monthly meeting voted for Ordinance 2004-9-1. Alderman Thurman Langford
was not present.
Before the vote was taken, Mayor Frank Martin asked
Vice Mayor Bill Winningham, who is a pharmacist, his opinion on
Winningham said, "The Tennessee Pharmacy Association
pretty much thought this was a good policy."
The ordinance is similar to one that is already in
place in Cookeville.
The Livingston ordinance states, "Whereas, consumer-accessible
shelving of these products is reported to lead to the theft of these
products; and whereas, products containing ephedrine, pseudoephedrine,
or phenylpropanolamine are used in the illicit manufacture of methamphetamine;
and whereas, in order to protect the health, safety and security
of the public from the harm that results from the illicit manufacture,
sale and use of methamphetamine, the Town of Livingston finds that
it is necessary to regulate the display and sale of products containing
ephedrine, pseudoephedrine, or phenylpropanolamine."
The ordinance prohibits the sale or delivery in any
retail sale a package that contains more than 100 tablets or any
number of packages that contain a combined total of 3 or more grams
of ephedrine, pseudoephedrine, or phenylpropanolamine.
When the ordinance goes into effect, the packages
will have to be displayed behind the counter, within a locked display
case, or within 6 feet of a register located on a checkout counter.
Exceptions to the rule are stated as follows, "(a)
to any product labeled pursuant to federal regulation for use only
in children under 12 years of age; (b) to any products that the
state department of health, upon application of a manufacturer,
determines has been formulated in such a way as to effectively prevent
its use in the illicit manufacture of methamphetamine; (c) to any
animal feed products containing ephedrine, or naturally occurring
or herbal ephedra or extract of ephedra, pseudoephedrine, or phenylpropanolamine;
and (d) to the sale or delivery of any product containing ephedrine,
pseudoephedrine, or phenylpropanolamine pursuant to the lawful prescription
of a person authorized by state law to prescribe such products."
Persons buying any product not exempt that contains
ephedrine, pseudoephedrine, or phenylpropanolamine will be required
to show proper identification and sign a register. The register
will require the following information: the specific quantity purchased;
the signature of the purchaser; the name and residential or mailing
address of the purchaser, other than a post office number; the number
of the purchaser's motor vehicle operator's license or other proper
identification at the time of purchase; a description of how the
purchaser intends to use the substance; the date of the purchase;
and, the signature of an employee of the retail establishment as
witness to the purchase and identification of the purchaser.
The business will have to keep the original register
for three years. Any violation of the ordinance is punishable by
up to a $50 fine for each day a violation continues.
A public hearing concerning the ordinance will be
held on Thursday, Sept. 30. Then, a second reading will be presented
to the City Council, and the ordinance will go into effect 14 days
after approval of the second reading.
Former Livingston fire chief A.B. Coleman was appointed
as fire inspector.
Alderman Johnny Halfacre asked, "Is that okay
with the chief, is that his recommendation?"
Fire Chief Rocky Dial said, "That'd be fine."
Alderman Halfacre asked Dial, "Do you have another
position you'd rather have him in?"
Dial replied, "I talked to him and asked him
if he wanted that or advisory chief, and he said either one would
be fine with him."
Halfacre then asked, "So this is okay with you?"
Dial replied, "Yes, sir."
The Council voted for a project to alleviate the water
runoff problem on Greenfield Drive. According to Alderman Curtis
Hayes, the total cost of the project will be $4,805.
Alderman Hayes said, "Over the years there's
been water problems. Seems that the last year or so, it has got
just a little bit worse."
In last month's meeting, the City Council asked Street
Department Supervisor Wayne Peek to devise a plan to remedy the
problem. The plan he designed includes the installation of three
catch basins at different intervals along the hill.
Of the affected homeowners, Alderman Hayes said, "All
of these people have been informed, and asked, and have granted
the city permission to do this."
Alderman Hayes later said, "This would relieve
several residents, coming off of Peach and Apple and some there
on Greenfield, of water problems."
According to Hayes, a couple of the homes in the
area have been flooded by water runoff.
"I think we can help them, and at the same time,
not put the water on anybody else,Ó Hayes said. "The water
will go on a lot where nobody is there."
Funding for the project will not be easily obtained,
according to Mayor Martin.
While agreeing that the project needs to be done,
Mayor Martin reminded the Council, "Money is very scarce."
A cutoff policy for non-payment of utility bills and
deposits was approved. The cutoff date for non-payment will be 20
days from the date of the second notice. Renters will be charged
a $75 deposit for water and a $150 deposit for gas. The turn on
fee is $25.
The second reading of an ordinance to establish the
zoning for the newly annexed area of the city was approved.
The second reading was approved for rezoning property
belonging to Larry Norris.
The Council voted to set the mayor and recorder's
salary at the same rate already in effect.
Bill Winningham was appointed to continue serving
as vice mayor.
A resolution was adopted to authorize the mayor and
the vice mayor to sign checks and other banking services.
The City Council approved renaming the building that
houses the police department and the fire department. The building
will now be called Winningham Public Safety Building in honor of
former mayor Hosea Winningham, who served as mayor for 26 years.
The city will pay $75 toward the purchase of new boots
for employees, with the exception of the police department. Mayor
Martin and some of the alderman encouraged employees to purchase
boots locally. Police Chief Roger Phillips asked that his department
be exempted because they should have a uniform look.
Alderman Hayes further explained to the Council,
"They are buying boots out of their own budget."
Mayor Martin informed the Council that bids are being
taken on cleaning services for City Hall.
The meeting adjourned.
top of page
Board has similar flavor
County commissioners voted in a new Overton County
Beer Board during the Monday, Sept. 13 regular monthly meeting of
the Overton County Legislative Body, with Commissioner Gail Arney
Though the "new" Beer Board has now replaced
the "old", only two new members were added; three remain
The commissioners voted to appoint Beer Board members
by district. All voted for appointing the board this way.
Before nominations for the individual districts got
underway, Commissioner Donald Jeff Keyes asked, "What's the
purpose of us doing this tonight, on appointing them tonight instead
of waiting until we change all of the committees?"
County Mayor Kenneth Copeland answered, "Well,
because we need to go ahead and get this Beer Board in place so,
hopefully, they can take some action on some of these issues."
According to Mayor Copeland, the Beer Board is to
be selected by the Legislative Body.
Commissioner Shaun Hale said, "I don't have a
problem if we do it this way, I don't have a problem at all."
Then Commissioner Hale added that the law states that
the legislative body may appoint a beer board, but that it is not
Mayor Copeland replied, "But it also says if
you don't, the county legislative body serves as a whole as the
Commissioner John Phillips asked County Attorney
Daryl Colson, "If the Beer Board gets hung up like it has been
hung up, cannot the County Court override that Beer Board?"
County Attorney Colson answered, "The County
Commission is the supervisory authority over the Beer Board. They
can't override the Beer Board. They would have to vote to disband
the Beer Board."
Alan Atnip was nominated to continue representing
the 1st District, David Dorminey was nominated to continue representing
the 2nd District, and John Phillips was nominated for the 3rd District.
With Commissioner Arney absent, and neither Commissioner
Chris Neal nor Commissioner Keyes making a nomination, the 4th District
position was nominated by other members of the Commission, with
Commissioner Keyes receiving the nomination.
Gary Hollars was nominated to continue representing
the 5th District.
The members were seated as nominated. Commissioner
Keyes passed on the vote.
In other business, the quarterly report of Overton
County Schools was approved, as were budget amendments to the General
Purpose School Budget.
County Road Superintendent Charles "Chig"
Parrot was authorized to dispose of scrap metal and junk vehicles
at the County Highway Department garage.
The following were approved as notaries at-large:
Shannon Boles, William Doug Thomas, Nancy L. Coffman, Jesse Linder,
Kathy Oakley, William C. Huff, Brenda Clark, Kaye Killmon, Amy Nelson,
Bennie Oakley, and Patricia Keyes.
Before closing the meeting, Mayor Copeland announced,
"I got notified today that the $300,000 CDBG grant that we
applied for, we got that money, and that's for six fire departments
that didn't get it under the other grant. So, that's six fire departments
that will be getting $50,000 for upgrades."
Members of the Beer Board decided to meet at 6 p.m.
Monday, Sept. 20 at the courtroom of Overton County Courthouse.
The meeting adjourned.
top of page
Overton County News
415 West Main Street
P.O. Box 479
Livingston, Tennessee 38570