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Wednesday, January 12, 2005

Company A Guardsmen Arrive Safely in Kuwait
By Linda Bolton
linda@mckenziebanner.com

Members of Tennessee National Guard Company A, McKenzie have arrived in Kuwait to begin a tour of duty expected to last at least one year.

Sgt. Stephanie Walker, a full time guard member and wife of First Sergeant Johnny Walker, said 138 guardsmen departed Monday, January 10 from Fort Sill, Oklahoma, where they had been involved in pre-deployment training since November.

Walker said the Family Support Group in McKenzie received an email Wednesday morning from Captain John Leonard, commander of Company A, stating everyone had arrived in Kuwait. The message further stated they "were safe and in good spirits."

For security reasons, it is not being disclosed what type of aircraft the troops traveled in to the Middle East. The unit is made up of National Guardsmen from McKenzie and Milan, as well as volunteers from Martin, Lobelville, Camden and Huntingdon who joined Company A for the tour of duty.

Company A was expected to be in Kuwait, an independent Arab state on the northwest coast of the Persian Gulf, bound south by Saudi Arabia and north and west by Iraq, until the end of this week, according to Stephanie. For security reasons, their exact location or living conditions is not being disclosed. However, the region is primarily desert.

Stephanie said she received a call from her husband just days ago, stating that "moral is up and everyone is doing well."

"He said the children of Iraq are very friendly," she said.

To help boost morale of the soldiers and promote good will, the local Family Support Group will be sending candy to the troops to pass on to the children. Those who would like to donate candy (hard candy only) should take it by the National Guard Armory or give it to a member of the Family Support Group.

"We will not have an address until they get to their permanent station," which is also not being disclosed at this time, said the sergeant.

In an interview with the Banner in mid-December, Johnny Walker stated Company A would likely head north to Iraq from Kuwait, once they obtained heavy equipment and prepare vehicles, which were shipped by water. Soldiers would also be involved in additional training in Kuwait, he said.

Stephanie said many of the family members of guardsmen have been contacted personally by their loved ones, who are using calling cards donated by area people.

Because of long lines, "they are only allotted 10 minutes at a time," she said. She added that it takes four minutes to place the call, leaving only six minutes of actual communication time.

"The outpouring of support by the McKenzie community was great when the guard departed," Stephanie added. She said she will be happy to keep the community informed as to the guard's activities as they become available.


Limited Supply of McKenzie Pictorial History Books Remain
A Pictorial History of McKenzie, published by The McKenzie Banner, has been an overwhelming success! From the 600 books ordered, fewer than 10 pre-ordered books remain in house and less than 70 additional copies are available for sale.

"We are delighted with the tremendous response from the community and those out of state who love McKenzie and its heritage," said Joel Washburn, managing editor.

When the limited number of books are sold, no more books will be ordered. Don't miss your chance to get a copy of this collector's edition. The cost for A Pictorial History of McKenzie is $39.95 plus $3.90 tax. Those wishing to have to book mailed, should send $43.85, plus an additional $5.00 to: The McKenzie Banner, P.O. Box 100, McKenzie, TN 38201.

The Banner appreciates those who graciously loaned photos for use in the book. Those who have not yet picked up their photos are asked to do so as soon as possible.

Nepotism Policy Sparks Debate in McKenzie City Council
By Deborah Turner

McKenzie Mayor Walter Winchester put to vote a nepotism policy that was one of three changes in the city's revised personnel policy being considered on second reading Thursday, January 13, during the City Council's regular meeting. All three changes were approved by a five to one vote of the council following separate action regarding the nepotism policy.

Council member Jill Holland objected to the language of the amended nepotism policy, stating it did not follow the actual circumstances regarding family members who work for the city.

"This just appears not to fit our situation at all and it seems for a very long time the nepotism policy has just not been followed at all from previous administrations to today... It seems the nepotism policy should fit what we have now rather than saying, 'Now we're going to (start following it.)'"

She advocated amending the policy to state no more than three families members could be hired by the city, saying the policy seemed discriminatory to current employees.

Holland's argument is put into perspective with the knowledge that Joel Pate, son of Assistant Police Chief Bobby Pate, who is currently employed with the Street Department, recently requested transfer to the Police Department.

Family members now working in the same city departments include Ryan Dickson and father, Hank Dickson; Fire Chief Brian Tucker and brother Daniel Tucker; Ray Berryman and wife Brenda; and Water Superintendent Tim Waldrup and brother Gary.

The hiring controversy was neither mentioned nor discussed in open meeting, leaving open the probability that members of the council may have conferred in deliberation toward a decision in violation of the Sunshine Law.

Winchester said MTAS (Municipal Technical Advisory Service) had advised the policy remain in place. City attorney Kent Jones said the policy would not affect anyone currently employed.

Holland alleged the policy didn't seem to be followed in the recent hiring of Lisa Weaver, sister-in-law to Police Officer Andy Weaver, however, Winchester noted, 'sister-in-law' is not a relation referred to in the code.

Councilmember Darra Adkins agreed with Holland and suggested the policy read family members would not be considered if they had a poor work history.

Winchester said the city would not hire someone with a poor work history regardless of relation and eventually asserted, "As the person responsible for putting forth a policy and on the advise of MTAS I'm going to leave it in."

On his suggestion and Holland's motion, however, the item was removed from the whole and put to vote. Council members Gene Hale, Willie Huffman, Jerry Arthur, and Wade Allen voted to pass the nepotism policy as presented while Holland and Adkins voted against the measure.

The issue had been discussed as well during the first reading of the policy on December 9, 2004, at which time Holland took issue the section, with both she and Vice-mayor Gene Hale mentioning good employees could be overlooked due to the policy. The revised personnel policy had at that time been approved on first reading save for the issue of nepotism.

Holland was the sole dissenter in the final vote regarding the policy as a whole.

The new policy regarding nepotism states: "It shall be city policy not to employ persons who are related to each other (immediate family members) within the same department. 'Immediate family members' shall include spouse, mother, father or stepmother, stepfather, children, sister, brother, grandparents, and grandchildren. This policy applies to all elected officials as well as employees. When two employees of a city department marry, one of them shall be required to accept a transfer to another department and, if no suitable position is available for transfer, one of them shall be required to resign their employment with the city. In the event that neither spouse consents to a transfer or resignation, the mayor or his designee shall determine which employee shall transfer or terminate employment."

The old policy read: "No member of the immediate family, as defined by these rules, of an existing employee or an elected official shall be hired by the city while that existing employee is employed by the city or the elected official holds elected city office. "Immediate family" shall include spouse, mother, father or stepmother, stepfather, children, sister, brother, grandparents, and grandchildren. Proof of these relationships may be required."

Other items amended by the policy change include: clarification of pay dates for regular employees, who are paid weekly on Friday, and members of the Police Department, who are paid every two weeks because of their two-week shift rotation. Pay days for Police Department employees on a rotating shift are every other Friday; and clarification of the sick leave policy to reflect sick leave is accrued at a rate of eight hours per month rather than one day per month, owing to the fact that some employees work more than eight hours per day. All employees would therefore accrue 96 hours of sick leave per year.

PLAYGROUND EQUIPMENT APPROVED FOR PARKS

McKenzie's City Park and Mulberry Park will soon sport new playground equipment following the City Council's approval of the low bid of $33,330 for three structures. At City Park, a play unit and six-seat swing set will be installed while Mulberry Park will receive a similar play unit. The swing set is slated to include four standard and two toddler seats.

Low bidder was Kidz Zone Play Systems of Murfreesboro. Custom Recreation of Hendersonville bid $41,645.32. The equipment will be funded through a $50,000 Parks and Recreation grant in which the city is obligated in like amount. Other items included in the funding are upgraded fencing and backstops for playing fields and lighting improvements in both parks.

PURCHASE OF JOHN DEERE GATOR UTILITY VEHICLE APPROVED

The council approved the purchase of a $6,745.00 John Deere 6x4 Gator utility vehicle at the request of Fire Chief Brian Tucker and following presentation by Fire Department liaison Adkins.

Adkins cited a brush fire which spread rapidly despite timely deployment of firefighting personnel and equipment after Engine No. 3 became stuck. Fire Department personnel had to rely upon the assistance of Weakley County forestry personnel to quell the fire which she says could have been quickly controlled with the assistance of a four-wheel drive vehicle designed to navigate fields. She said the Gator could be outfitted with a tank and hose and that the Fire Department already owns a trailer on which to haul the vehicle. Tucker said the trailer would be pulled by a Bronco.

Adkins, citing a letter prepared by Tucker concerning the proposed purchase, said the purchase would serve many other purposes including transportation of personnel and equipment and as a search and rescue vehicle. She said the department had used only 48 percent of their budget as of December and had brought in $6,655 more in contract sales than the $10,000 anticipated in the budget.

NEW EMPLOYEES INTRODUCED

New Police Department employees Chad Davis and Lisa Weaver were introduced to the council.

Police Officer Chad Davis comes to McKenzie from the Milan Police Department. He attended Donelson Police Academy in 1999 and the John Reed School of Investigation, earning the title of certified criminal investigator, in 2003. He attended the Clandestine lab (meth) in 2004 and is a member of the Tennessee Chief's Association. A resident of Atwood, he is married to the former Michelle Chandler with whom he is parent to three children ages 14, 8 and 7.

Lisa Weaver, a dispatcher, previously dispatched for the Weakley and Carroll County sheriff's departments. She works part-time at McKenzie Health Care Center and is wife to Mark Weaver.

In other matters the council:

* elected Hale in a successive two-year term as vice-mayor on the nomination by Arthur, seconded by Allen;

* approved on second and final reading an ordinance creating an office/residential zone. The vote came following a public hearing during which no comment was made by anyone present;

* approved the payment of bills in the total amount of $34,48037 as follows: Barker Brothers, Inc (trash removal)-$17,585.44; Dunn, Creswell, Sparks, Smith, Horne and Downing (2003-2004 audit)-$9,750.00; Weakley County Gas and Oil, Inc. (4,022 gallons of gas)-$5,059.62; Office Products-$1,243.48; TML Risk Management Pool (non-standard deductible on claim for Jack L. Roberts)-$841.83;

* heard Hale advise a lady in his neighborhood had expressed praise for the Police Department after calling the Police Department regarding a disturbance at her residence. He said she advised three officers arrived and made a through search of her home and grounds. "She was very complimentary of the Police Department and the way they handled that call," he said;

* heard fishing for trout is underway at City Park. Arthur noted a special fishing license is required to fish for the game fish.

The McKenzie Board of Water Commissioners met immediately prior to the council
meeting in their regular 6:15 monthly meeting.

Board members approved unanimously the request of the Kingdom's Hall of Jehovah's Witnesses that they be allowed to connect to city water their new facility which will be built on Highway 22 next to Shelter Insurance Agency.

Pursuant to discussion regarding policy that residences connecting to city water must also avail themselves of city sewer services, Winchester stated, "We've already advised them they are required to hook onto sewer."


Tennessee Businesses Face Radical Change in Sales Tax Law
By Joel Washburn
washburn@mckenziebanner.com

HUNTINGDON - Tennessee businesses are facing a radical change in the way sales taxes are collected starting in July 2005. The new law will require businesses to collect the applicable sales tax rate where the merchandise is delivered, not where it is sold. The sales tax will not be receipted where the merchandise is sold, but rather where it is delivered.

Few businesses have few answers to the many questions that arise from this law, passed in 2003 and fine tuned in 2004 for implementation July 2005.

Brad Hurley, president of the Carroll County Chamber of Commerce, said the new Streamlined Sales Tax Project is "one of the most radical changes" in the sales tax laws. "It has a major impact on businesses that ship or deliver merchandise."


Tennessee Department of Revenue Commissioner Loren Chumley will be in Carroll County Friday to explain the new law. The Carroll County Chamber of Commerce and State Senator Don McLeary are hosting a Dutch-treat luncheon at Mallard's Restaurant in downtown Huntingdon. Persons wishing to attend should phone the Chamber at 986-4664.

Streamlined Sales Tax Program is the plan to allow big, multi-state businesses to "streamline" their multi-state tax returns. However, small businesses will bear the brunt of additional reporting and maintaining records of merchandise as it is delivered, along with the appropriate amount of sales tax to collect. Businesses will identify the applicable sales tax rate by utilizing the customer's nine-digit zip code. The sale is "sourced" to the state and local taxing jurisdiction in which the customer receives the merchandise regardless of how it is delivered and who delivers it.

The Streamlined Program is designed to level the playing field between local and distant merchants with regard to sales tax collection requirements. It also provides a way to address the loss of revenues that governments are experiencing as a result of growth of electronic commerce.

For instance, McKenzie-proper lies within three counties - Carroll, Henry, and Weakley. Carroll and Weakley have the same tax rate of 9.75 percent. Henry's rate is 9.25 percent. A delivery of a pizza in McKenzie can trigger one of two tax rates with the business required to keep track of the amount of the transaction and the zip+four of the destination. The same applies to any business that makes deliveries or causes to be delivered - such as furniture and appliance stores. Over-the-counter sales, in which the customer takes possession at the store, will apply the local tax rates.

The local option cap on single articles of tangible personal property, except for motor vehicles, boats, planes and manufactured homes, will be removed effective January 1, 2006. The additional state tax rate of 2.75 percent on the amount in excess of $1,600 up to a maximum of $3,200 on single articles of tangible personal property except for motor vehicles, boats, planes, and manufactured homes will also be removed effective January 1, 2006.

Tennessee has over 400 taxing jurisdictions. Carroll County has 14 taxing jurisdictions including eight municipalities, five special school districts, and the county of Carroll.

The new law will also affect funds municipalities receive from sales tax. The University of Tennessee is conducting impact studies to determine the financial impact on county, municipal, and school taxing authorities.

Hurley thanked Senator McLeary for arranging for Commissioner Chumley to visit Carroll County.

The Banner contacted the Department of Revenue in December concerning the rules for implementing the new laws. At that time, final details were not available concerning how businesses would track deliveries or how to interface that information with each retailer's database.

For more information, visit these Web sites: www.streamlinedsalestax.org, or www.state.tn.us/revenue/streamlined.htm.

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