Lookout Mountain, Tn., Officials Probing Officer's Actions In Trespassing Case; Firms Stil Vying For Cell Tower

  • Wednesday, November 12, 2014
  • Gail Perry

Clearer policies for the police department are being put in place in Lookout Mountain, Tn. This is the result of a mistake made by an officer in response to a citizen’s call, officials said. On Oct. 15 an unknown man was seen by a homeowner removing something from a dumpster that was positioned well off of the road and close to her house. When confronted, the trespasser said he was taking metal to sell for scrap and said he was doing work somewhere “down the street.” Being uncomfortable with the situation, the homeowner called the police.

 

As a follow-up, she later asked to see the police report and discovered no report had been written. One was written soon afterward using information that had come from the intruder, not the citizen. That report was later updated with the man’s name, phone, license and tag numbers.  From this information, a lawyer working for the citizen discovered prior arrests. It was also found that the man was driving on a revoked license and the car tag was registered to another vehicle. The citizen saying “this is unacceptable,” came to the November commission meeting to file a complaint.

 

Mayor Carol Mutter apologized on behalf of the commissioners and said there is an investigation being carried out on the matter and that it will be addressed. When the commissioners received the email about the complaint it was discussed with the responding officer and Chief Randy Bowden. The mayor called the homeowner and offered to go over it in detail but the offer was declined. Commissioner of Fire and Police Jim Bentley said that department policy prevents discussion of personnel matters in an open commission meeting. Mayor Mutter said she hoped a meeting with the appropriate people would still take place. The citizen said “I want my story to be heard” to encourage communication among residents that might deter future crime.

 

During citizen’s input, Mark Caldwell, who has been a police officer in three states, said, “For every legitimate concern that is expressed, there are hundreds of examples where the police have responded in what was beyond adequate." He warned to not cast the whole department as prone to making errors because of one incident.

 

The mayor said to expect changes and that they will be communicated to the mountain residents.

 

The second reading for issuing a conditional permit to Tower Holdings, LLC for building a cell phone tower was approved. This was done after attorney John Anderson, representing Wireless Properties, claimed their competition had not fulfilled requirements of the town ordinance when applying for the permit. He also claimed that a lease from Wireless Properties had already been accepted by the town.

 

Attorney Jim Murphy, hired as a consultant to guide the process of building a tower in the town, was in agreement with City Attorney Brian Smith that throughout the process the commissioners have been clear that a lease agreement would be separate from a conditional permit and advised that the claim from Wireless Properties was without merit. Additionally, the exact site has not yet been determined and that is needed before a lease can be executed, said Mr. Murphy.

 

Authorization was given for Dwight Montague, town consultant, to contract with an independent third party engineering company for determining the least objectionable options for the tower. A big concern is the footprint of the equipment at the base and the trees, plants and stream that will be lost if it is placed behind city hall. Each proposal received has required more land, and the town wants to know the minimum amount of land that is really needed. The consultants also will help to select the site in front or behind city hall.

 

With this information in hand the lease terms will be created and presented to both contenders. It is hoped that both companies will submit their lease proposals by Jan. 22, 2015.

 

Mr. Montague reported that property taxes have started coming in and the number of building permits increased during the month of October. A final bill for the tennis courts has been paid as well as the majority of liability and worker’s compensation insurance. Insurance costs are 10 percent higher than last year.

 

Paul Johnson gave the yearly audit report to the commissioners. He said, “It was a great report” and a clear audit opinion.

 

The October fire and police department statistics were prepared by Chief Bowden and read by Commissioner Bentley. There were 91 police calls, 4,104 miles patrolled, 17 burglar alarms were checked and all were false. Response was made to 12 assist citizen calls and 13 calls to 911. There were three auto accidents without injuries, 19 traffic stops, one felony arrest and no burglaries or thefts. Nine medical and three lift assistance calls were made and five mutual aid calls to Georgia. There were five false fire alarms during the month.

 

Commissioner Bentley ended his report saying, “I’ll challenge anyone in this room to find a safer place to live than the towns of Lookout Mountain Tn. and Ga.” The police and fire departments work very well together so it is like having two departments, he said.

 

Brooke Pippinger, commissioner of parks and playgrounds, announced that the new tennis courts were opened and dedicated on Oct. 18. The lower court was dedicated to Marilyn Voges Brown. Basketball registration will be Nov. 15 at the LMS gym.

 

Commissioner of Schools Don Stinnett invited Principal Ruth White to report on the school. “It’s a flurry of activity,” she said. The kindergarten students are reading and writing and illustrating their work. Progress reports will be given this coming Friday. On Dec. 11 and 12 Christmas concerts will take place.

Ms. White said Chief Bowden had come to the school to arrange more training sessions. The teachers are excited, she said, by the new buzzer system that will be put at the front door with cameras and monitors. Officials said $2,000 was included in the town’s budget for this new security measure. An additional $1,200 that is needed to complete the system was given by County Commissioner Joe Graham from his county discretionary funds.

 

Walker Jones, commissioner of public works, said, “it’s business as usual.” Employees are now dealing with leaves. An additional leaf machine is due to be delivered Dec. 1, but so far there has been no problem with leaf removal using the old machine. He also announced that the dumpster will be back on the mountain the first weekend of December.

 

Mayor Mutter said that the employee Christmas Breakfast will be held at the golf club on Dec. 11 at 7 a.m. She also asked residents to think of businesses on the mountain first during the holiday shopping season.

 

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