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Archives 07-09-2008

News

 

Aldermen consider contract with start-up gas company
Watson named LA principal
Truck overturns in collision

Kenneth Bowers pleads guilty to Attempted 2nd Degree Murder
Livingston Airport awarded $80,000 grant

Aldermen consider contract with start-up gas company
By Dewain E. Peek,
OCN staff

Livingston Mayor Curtis Hayes and the Board of Aldermen held their regular monthly meeting Monday, July 7, with all aldermen present.

Before the City Council moved into considering items on the agenda, Alderman Robert Jolley asked that the agenda be amended to hear from representatives of Middle Tennessee Marketing on a proposed contract to supply natural gas. The aldermen voted to add the item to the agenda.

Ronnie Maynord presented a contract proposal with MTM to the Board, asking that the Town of Livingston purchase natural gas from his company instead of the current supplier, Atmos Energy.

In considering the proposal, Alderman John McLeod said, “The biggest concern, I think, several of us have is not that we don’t want to see a local supplier, we just want to make sure that they can fulfill it.”

During the discussion, Vice Mayor Bill Winningham asked City Attorney Amy Hollars for her recommendation as to doing business with MTM.
She answered, “Based on the responses that I received from MTM to our inquiries, I do not feel comfortable recommending that the Town of Livingston contract with MTM.”

Winningham said, “I don’t know much about the gas business, but I wasn’t comfortable with some of the answers that was received in this survey.”

In supporting a contract with MTM, Alderman James “Pug” Lee said,

“They’ve got the same contract that we’re under right now.”

But Alderman McLeod said, “We’ve got an attorney because we’re not lawyers, and we depend on her legal advice in order to protect the citizens of this town. And I feel it’s in our best interest to listen to our attorney, or we wouldn’t have any need to have one.”

McLeod said he would like to see MTM show a line of credit and a performance bond.

The questionnaire in question was answered by Ronnie Maynord of MTM as follows, after first answering the full name of the company:

•What type of business entity is MTM? Answer: Sole Proprietorship.

•When was MTM formed? If MTM has been involved in business endeavors other than natural gas brokerage/supply/management, please specify the nature of such other business activities. Answer: We have not been involved in any other business endeavors. We are a start up company.

•Identify all employees, consultants, or members of MTM’s management team who would be involved in the management of Livingston’s natural gas contract. Answer: Ronnie Maynord.

•How many employees do you have in total? Answer: 3.

•Please identify all your employees who are located in Livingston; in Overton County. Answer: None in Livingston; Gail Maynord, Overton County, Sarah Maynord, Overton County, Ronnie Maynord, Overton County.

•How long has MTM been in the gas brokerage/supply business? Answer: Zero Years.

•Please provide a list of all your natural gas customers with their contact information. Answer: None.

•Please identify and provide contact information for any customers who have discontinued their contracts with you or who have not renewed their contracts with you. Answer: None.

•On what pipelines do you manage contracts for customers? Answer: None.

•Who are your natural gas suppliers? Answer: None.

•Can you supply a certified financial statement for MTM (including an accounting of assets, liabilities, revenues, etc.)? Answer: No, we cannot.
We are a start up company.

•Can you supply any bank references or any references from any other financial backers? Answer: No.

•Please provide MTM’s liability coverage information, including insurer, limit of liability, and policy expiration for: general liability insurance; excess; automobile; workers’ compensation; umbrella liability. Answer: None.

•Because uninterrupted gas service is essential to industry and vital services in this community, and because enormous losses might result from interruption of gas service, the Town of Livingston would likely require a performance bond in the amount of $1,000,000. Can you provide such a performance bond? Answer: See attached letter from Swallows Insurance Agency.

The letter from The Swallows Agency states, “Thanks again for allowing us to look at your insurance needs including bonding for MTM Marketing.

As we discussed, we will need some additional information to possibly put this coverage in force for you.”

•Please provide a sample proposed contract. Answer: Already given.

•What services are included within the proposed contract? Answer: All services required.

•Please explain the proposed pricing for the Town of Livingston in the proposed contract and detail MTM’s management fees and method of calculation for the same. Answer: As contract states: index + .10 per DTK.

The final two questions asked if MTM is involved in pending litigation, to which the answer was “No”, and asked a general question of why the Town of Livingston should do business with MTM instead of the current gas supplier, to which the answer was that MTM is a locally owned company and then made an accusation against the current supplier.

City Attorney Hollars said, “There are some glaring gaps in the proposal as to insurance, as to bonding, as to certified financial statement, as to what sort of business entity MTM is.”

Mayor Curtis Hayes stated where he stood on the matter, saying, “Right now, I’m not for it, because I feel like the city is going way out on a limb.”

Alderman Lee made a motion to enter into a contract with MTM, and Alderman Jolley seconded the motion.

Mayor Hayes then read a string of letters from local manufacturers and businesses asking that the city not change the gas provider.

Mayor Hayes called for a roll call vote. Alderman Jolley voted yes, Alderman Lynn King voted no, Alderman David Langford voted no, then the vote came to Alderman McLeod.

“I make a motion that we table this motion, at this time, until they satisfy the attorney,” he said.

He went on to say, “And by tabling the motion, that means that it holds it right where it is to give them time to give this attorney what she needs. If the attorney’s satisfied then we can bring it up again.”

The motion received a second, and all aldermen voted for tabling the matter.

Ronnie Maynord asked the mayor to set a called meeting for Tuesday, July 29, and with the aldermen’s approval that date was set.

In other business, an ordinance was adopted to repeal Section 2-101 relating to service of alcohol over 5% by weight because it conflicted with the newly passed “liquor by the drink” ordinance.

City Attorney Hollars said, “Our current charter had a provision that was in fact inconsistent with the referendum that was passed.”

A public hearing on the repeal will be held at 6:45 p.m. Tuesday, July 29.

Resolution 2008-7-2 was adopted for a 3-year capital outlay note, not to exceed $250,000, for the purpose of purchasing a garbage truck or garbage trucks.

According to Mayor Hayes, the truck regularly used is in Nashville for repairs, and the back-up truck that is being used is in need of some repairs.

“We are currently using that truck, and dump trucks when we get in a bind,” he said.`

Steve Jolley was hired to replace Junior Allred whose position had not been filled, and Randy Mullins was hired to replace Baxter Hughes at the ball park.

Resolution 2008-7-1 was adopted for Tennessee Department of Transportation road improvement project STP-85(14), 67005-1210-14, which will connect State Route 85 (Hilham Highway) at Vol State to State Route 84 (Monterey Highway) just behind Stockton’s Market. The road will cross over Highway 111 on the west end of Livingston.

“This will be the first overpass of Livingston,” Mayor Hayes said. “They’ll be crossing over four lanes of traffic. There’ll be an exit to get off and go to downtown Livingston.”

Resolution 2008-7-3 was adopted to take part in the TML matching grant program.

The Yellow Wood Tree was approved as the official large tree of Livingston, and the Fringe Tree was approved as the official small flowering tree. The trees were chosen through a newspaper survey and a vote by Overton County fifth graders, which was coordinated by the 2007-2008 Leadership Overton class.

The meeting adjourned.




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Watson named LA principal
By Dewain E. Peek,
OCN staff

Overton County Board of Education held the regular monthly meeting Tuesday, July 1, with Board member Sam Pendergrass absent.

In executive action, the low bid of $71,628 from Mid-South Bus Center for a 77-passenger conventional school bus was approved.

School Board Chairman Tim Vaughn said, “Three were ordered this week.”

The low bid of Tri County Propane was approved at $1.789 per gallon for propane services.

The low bid for copy paper was approved at $2.73 per ream from American Paper & Twine.

In new business, the comprehensive plan for the 2008-2009 Special Education budget was approved.

The School Board approved the second reading of policy 5.300 “Granting of Leave”, which states: “Leave may be granted to employees under the following circumstances – emergency legal leave, sick leave, personal professional leave, family medical leave, military leave, physical assault leave, sabbatical leave, and legislative. Any other special type of leave is to be approved by the Board of Education.”

Overton County School Board’s management personnel and negotiating team were approved, with Board member Tim Coffee voting no. The negotiating team is made up of Diane Sadler, as chief negotiator, Shirley Myers, Matt Eldridge, Sheila Pemberton, and Tim Vaughn, who will serve until his term on the School Board runs out at the end of August.

Retirement of teacher Barbara Dodson was approved.

Retirement of teacher Judy Garrett was approved.

Retirement of Nell Spivey from the custodial staff at A.H. Roberts Elementary School was approved.

Director of Schools Mike Gilpatrick said, “All three of those ladies have given many years of dedicated service and we are forever grateful for all that they have done for us.”

Director Gilpatrick issued the Director’s Report to the School Board. Actions taken by the school director are as follows:

Annette Vaughn was hired as a non-tenure teacher. The hiring had been left off of last month’s list.

Jennifer Maulding was hired as a school psychologist for the 2008-2009 school year, as recommended by Special Education Supervisor Sheila Pemberton.

Amy Allred was hired as a teacher at Hilham Elementary School, as recommended by Principal Vickie Eldridge.

Ronnie Bull was hired as a custodian at Rickman Elementary School, as recommended by Principal Marsha Wyatt.

Phyliss Smith was hired as a custodian at Rickman Elementary, as recommended by Principal Marsha Wyatt.

Carol Melton was hired as a cook at Rickman Elementary, as recommended by Principal Marsha Wyatt.

Sue Preston Mitchell was hired as an English teacher at Livingston Academy, as recommended by Principal Gerald Maynard.

Tammy Kennedy was hired as an English teacher at Livingston Academy, as recommended by Principal Gerald Maynard.

Louise Swallows was hired as the Food Services supervisor for the 2008-2009 school year.

Judy Moore and Alberta Dale were hired for 100 days each as counselors at A.H. Roberts Elementary, as recommended by Principal Teresa Johnson.

Director Gilpatrick added, “I have transferred Mr. Harold Watson to Livingston Academy as principal, and have placed Terry Webb at Wilson on his return from leave of absence.

Webb had been granted a leave of absence from January 3, 2007 to December 31, 2007 to take a position with Tennessee Department of Education’s vocational/career technical education program, and he was on another year’s leave that had been granted from January 1, 2008 to December 31, 2008.

Board member Patricia Bowman said of the change, “Mr. Watson has done a wonderful job at Wilson, and he’s going to be missed by, I think, the whole community. We wish him good luck.”

In the work session before the School Board meeting, the conference room was filled with parents and others concerned about the elementary school music program being moved from regular school hours to after school.

Chairman Vaughn informed those attending that a meeting will be held Thursday, July 10 for the principals and the music teachers to work out schedules for the next school year. He assured that the program is not being cut and that it will be worked into the regular school day.

 



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Truck overturns in collision|


Carson Oliver photos

A driver was issued a citation for improper passing after a two-vehicle collision Friday, July 4 on Willow Grove Highway.

According to reports, Jack Reagan, 66, of Allons, was driving a red 1993 GMC pickup east around 11:15 a.m. when he attempted to turn left into a driveway near Triple D Grocery. At the same time, Rocky Smith, 49, of Allons, driving a black 1994 Ford Ranger, attempted to pass the Reagan truck.

The vehicles collided and the Ranger overturned and skidded approximately 200 feet before coming to a stop in the parking lot of the grocery store.

Smith received minor injuries, but was not transported to the hospital. Reagan was apparently uninjured.

Smith was cited for improper passing. Marty Philpot of Tennessee Highway Patrol investigated the incident.

 

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Kenneth Bowers pleads guilty to Attempted 2nd Degree Murder
Kenneth Bowers pleaded guilty to Attempted 2nd Degree Murder in the death of Josh Smith in an incident July 9, 2007 on Sulphur Lane in Rickman.

The case was prosecuted by Assistant District Attorney General Owen Burnett and Assistant Detective Jacob Boswell of Overton County Sheriff’s Department.

Evidence placed into the record during Bowers’ plea included Bowers’ admissions of going to the Smith residence, getting into an argument with Josh Smith, and shortly afterward stabbing him multiple times while moving a distance of 100 feet.

Smith was subsequently flown to Erlanger Hospital where he died from his injuries several hours later.

As a result of Bowers’ plea of guilty, he will receive a 12-year sentence with Tennessee Department of Corrections. The plea was taken in front of Criminal Court Judge David Patterson.

Overton County Sheriff’s Dept. personnel directly involved in the case along with Boswell included Det. Gary Ledbetter, Det. Greg Etheredge, Chief Deputy Frank Dial, Sgt. Robert Garrett, Dep. Jeremy Carr, Dep. Sean Allred, and Dep. John Mackie.




Livingston Airport awarded $80,000 grant
An Aeronautics Grant in the amount of $80,000 has been approved for Livingston Municipal Airport, according to Governor Phil Bredesen.

“As our communities continue to grow and thrive, it becomes increasingly important that our airports stay competitive and efficient at meeting the needs of the travelers who use them,” Gov. Bredesen said. “Livingston Municipal Airport is vital to this region’s economy and travel system, and
I’m pleased to support its continued growth.”

Funds from this aeronautics grant will be used for the acquisition of land near the airport.

State Senator Charlotte Burks said, “I’m pleased that Governor Bredesen and TDOT are making this important investment in Livingston Municipal Airport.”

State Representative John Mark Windle added, “These funds will allow this facility to expand and meet the growing needs of the residents and businesses who depend on it.”

The grants are made available through Tennessee Department of Transportation’s Aeronautics Division.

TDOT Commissioner Gerald Nicely reported, “This division administers federal and state funding to assist in the location, design, construction and maintenance of Tennessee’s diverse public aviation system. We are pleased to be able to provide millions of dollars each year for the betterment of our airports through our grant programs.”

Except for routine expenditures, grant applications are reviewed by Tennessee Aeronautics Commission (TAC), a 5-member board charged with policy planning and with regulating changes in the state airport system plan.

TAC Chair Belinda Anderson explained, “Our board examines the applications carefully to ensure that the proper state and local matching funds are in place and that the grants will be put to good use.”

TDOT Aeronautics Division has the responsibility of inspecting and licensing the state’s 126 heliports and 75 public/general aviation airports. The division also provides aircraft and related services for state government and staffing for Tennessee Aeronautics Commission.



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