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80 Years Ago

Archives 9-15-2004



Two Overton women killed in I-40 crash
Ordinance approved to fight meth
New Beer Board has similar flavor



Two 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.

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Ordinance approved to fight meth

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, or phenylpropanolamine.

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 the ordinance.

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, 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.

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New Beer 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 absent.

Though the "new" Beer Board has now replaced the "old", only two new members were added; three remain the same.

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 required to.

Mayor Copeland replied, "But it also says if you don't, the county legislative body serves as a whole as the beer board."

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.


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