Oak Ridge Today

City doesn’t plan to appeal Applewood demolition decision

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Note: This story was updated on Nov. 7 to include links to the opinion.

The city’s top legal official on Monday said he doesn’t plan to appeal an appellate court decision that sent the order to demolish four Applewood Apartment buildings back to a municipal board.

“I don’t want to hold this up by appealing this any further,” Oak Ridge City Attorney Ken Krushenski said. “We’re going to do what the Court of Appeals said.”

The Oak Ridge Board of Building and Housing Code Appeals ordered the buildings demolished on Nov. 11, 2010. The order was upheld by the Anderson County Chancery Court, but Applewood Apartments owner Joseph J. Levitt Jr., a Knoxville attorney, appealed.

In a three-judge opinion filed Oct. 30, the Tennessee Court of Appeals in Knoxville said the Board of Building and Housing Code Appeals “acted without material evidence to support its decision to demolish the buildings.”

The appellate court said the board may only order demolitions when repair costs exceed 50 percent of property values. However, no evidence was presented at the 2010 Applewood hearing about the original condition or value of the buildings, or the repair costs, the court said.

The city won on all other issues, Krushenski said.

“As far as we’re concerned, everything else is over with,” he said.

Krushenski said the Board of Building and Housing Code Appeals will now have an evidentiary hearing that will be limited to the building and repair costs. He said the board will be able to consider demolition orders if repair costs exceed more than 50 percent of building values. A hearing date hasn’t been set yet.

In its opinion, the Court of Appeals said board member Joe Lee “moved to order the demolition of the subject buildings because he believed that (Levitt) had already been given an adequate amount of time in which to repair the buildings.

“While (the) owner’s continued noncompliance may have been infuriating to the board, the board did not have the power to order the demolition of property simply because owner failed to follow directions,” the court said.

The other issues reviewed by the court ranged from the constitutionality of administrative warrants used to inspect Applewood buildings to Lee’s alleged bias against Levitt.

Levitt could appeal the court’s decision to the Tennessee Supreme Court. He wasn’t available for comment late Monday afternoon

There are total of 10 Applewood Apartment buildings that have been ordered demolished. Krushenski said the other six demolition cases are pending in Anderson County Chancery Court.

The Oak Ridge City Court has ordered that three more buildings be repaired. That order has been appealed to Anderson County Circuit Court, Krushenski said.

The city has fought a code enforcement battle against the 13-building apartment complex on Hillside Road and Hunter Circle for several years. City officials say they want the buildings repaired, while Levitt says he has made repairs.

You can read the opinion here.

Council considers new police cars, take-home vehicles

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Five Oak Ridge police officers who moved into the city this year were motivated to do so at least in part by a program that allows them to take their police cars home.

Now, the Oak Ridge Police Department has five officers who are eligible for assigned vehicles under that program, but there are no vehicles available.

So, the Oak Ridge City Council tonight will consider buying eight patrol vehicles, including several new take-home cars as well as a few replacement vehicles.

The Take Home Vehicle Program started in September 2011. Oak Ridge Police Chief James T. Akagi said it increases officer visibility in the city and the neighborhoods where they live, allows quick response times, improves productivity, and boosts employee pride in department vehicles, resulting in better maintenance.

He said the ORPD fleet includes 43 vehicles. Twenty-one of them are assigned, and they last longer and get more miles, Akagi wrote in an Oct. 26 memo to Oak Ridge City Manager Mark S. Watson. He said the eight new cars, either Ford Interceptors or Dodge Chargers, could cost up to $340,000.

Tonight’s Oak Ridge City Council meeting starts at 7 p.m. in the Municipal Building Courtroom. The agenda is available here.

More information could be added later.

UT philosophy professor talks foreign policy Tuesday

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David Reidy

David Reidy

The head of the University of Tennessee Philosophy Department will discuss what moral principles, if any, ought to guide U.S. foreign policy during a Tuesday presentation to the League of Women Voters of Oak Ridge.

The presentation by philosophy professor David Reidy is titled Toward a Just Foreign Policy,” and it starts at noon Tuesday in the Social Hall of the Oak Ridge Unitarian Universalist Church.

Reidy’s presentation will also discuss the relevance of human rights to U.S. foreign policy, a press release said.

The presentation is part of the biweekly Lunch with the League, and it is open to the public. There is no cost to attend, and reservations are not needed.

Box lunches will be available starting at 11:30 a.m. on a first-come, first-served basis for $7. Those who attend can also bring their own lunches. Coffee and tea will be provided.

Reidy received his doctorate from the University of Kansas and a law degree from Indiana University. He is a distinguished humanities professor in the College of Arts and Sciences at the University of Tennessee.

The Oak Ridge Unitarian Universalist Church is at 1500 Oak Ridge Turnpike.

Zaxby’s could open on Oak Ridge Turnpike in February

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Zaxby's Oak Ridge Turnpike

Volunteer Excavating of Maryville clears a one-acre lot at Oak Ridge Turnpike and Division Road for a new Zaxby’s chicken restaurant that could open in mid-February.

A Zaxby’s chicken restaurant could open on Oak Ridge Turnpike in February, one of the owners said Friday.

The new 3,500-square-foot store will be on about one acre that used to be a car lot at the corner of Division Road and Oak Ridge Turnpike.

The site has been cleared already, and building construction could start this week, said Chris Andrews of Knoxville, who will co-own the restaurant with Brandon Barrett of Athens, Ga. But the construction schedule will depend upon the weather, Andrews said.

He said Zaxby’s specializes in chicken fingers and chicken wings and is also known for its chicken and buffalo salads. It’s a step above fast food, Andrews said, but the higher-quality food is still served quickly.

It will feature sit-down dining and a drive-through and be open from 10:30 a.m. to 11 p.m. Andrews said.

Zaxby’s restaurants typically have a crew of about 50 workers, and the search for a general manager could start in the next week or so.

Zaxby’s is one of three new completed or proposed chicken restaurants in Oak Ridge. Popeyes recently replaced Wishbones on South Illinois Avenue south of Oak Ridge Turnpike, and a Bojangles’ has been proposed next to the former Dean Stallings Ford on South Illinois Avenue.

A site plan has been approved for Bojangles, but a building permit hasn’t been issued yet, said Monica Austin Carroll, Oak Ridge Community Development division manager.

Zaxby’s will be in a high-traffic area bustling with commercial activity as well as the Methodist Medical Center. Andrews said he expects lunches, in particular, to be busy. The traffic light at Division Road and the Turnpike will help make it easier for cars to get in and out of Zaxby’s, he said.

Andrews said he and Barrett also own two other Zaxby’s stores, one in Lenoir City and another in Maryville. This will be their third in East Tennessee.

He said Zaxby’s, which is based in Athens, Ga., is gaining a foothold in East Tennessee, and Oak Ridge was targeted as “ready for the brand.”

“Oak Ridge is still growing,” Andrews said. “There’s a lot of jobs. It’s still a thriving community.”

He said there are Oak Ridge residents who now drive to Lenoir City and Clinton to eat at Zaxby’s. They won’t have to any more.

Zaxby’s was founded in 1990 and now operates more than 560 stores in 13 states, including Tennessee.

Veterans Day Parade registration due Friday

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Entries for Anderson County’s sixth annual Veterans Day Parade are due by Friday.

The parade will be at 6 p.m. Monday, Nov. 12, in downtown Clinton. There will be a celebration of veterans in the Ritz Theater afterward.

The parade is organized by Anderson County Veteran Services Director Leon Jaquet, Clinton American Legion Post #172, Sons of the Revolution-Anderson County Chapter, and Anderson County Chamber of Commerce.

Entries are due by 5 p.m. Friday, Nov. 9. There is no entry fee, but donations will be accepted and used for advertising and renting the Ritz Theater.

There is a two-vehicle limit for motorized parade entries, although that limit doesn’t apply to military or emergency vehicles.

Call Jaquet at (865) 463-6803 or Lynn Fox at (865) 719-9947 for more information or a registration application.

More information on the parade and rules are available here.

Three taken to UT hospital after three car, head-on collision

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Three Car Collision on Oliver Springs Highway

Three people were taken to the University of Tennessee Medical Center after a three-car, head-on collision on Oliver Springs Highway on Thursday evening, and a fourth person was taken to a local hospital. (Photo by Tom Scott)

A head-on collision that involved three cars on Oliver Springs Highway on Thursday evening sent two drivers and a passenger to the University of Tennessee Medical Center and a third driver to a local hospital, authorities said.

The accident occurred at 5:53 p.m. Thursday when a Toyota 4-Runner driven by Danny Bean, 55, of Clinton, crossed the center line, causing a head-on collision with a Hyundai Elantra driven by Alberta Farrer, 56, of Clinton, according to information from the Tennessee Highway Patrol.

A third vehicle driven by Travis Gallaher, 19, of Oliver Springs, was behind Farrer, headed toward Oliver Springs. Gallaher swerved left to avoid the crash but collided with Farrer’s car.

Farrer and a passenger, Pat Smith, 62, also of Clinton, were flown by medical helicopter to the University of Tennessee Medical Center, the accident report said. Bean, the first driver, was taken by ambulance to the UT hospital, and Gallaher was taken to a local hospital by a personal vehicle.

The accident occurred near Anderson Memorial Gardens on Oliver Springs Highway, which is also known as State Route 61.

Emergency responders from several local agencies responded. The accident is being investigated by THP Trooper Anthony Lay.

New pavilion erected at Oak Ridge Marina

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Melton Lake Park Pavilion

Construction workers erect a pavilion this week on the city’s waterfront at Melton Lake Park.

A few weeks after the old pavilion was removed, construction workers have started erecting a new pavilion at Melton Lake Park.

The Oak Ridge Recreation and Parks Department has hired Rich Construction of Lenoir City to build the 2,300-square-foot pavilion at the Oak Ridge Marina.

The pavilion is in the same spot as the old 880-square-foot picnic shelter that was between the playground and the Melton Lake Greenway. The picnic shelter was torn down in late September.

The $159,000 pavilion could be used for rowing and community events. The Oak Ridge City Council awarded a construction contract for it in May.

It’s the second major step in a waterfront development plan approved by City Council in December 2009. The first was the paving of the parking lot at Elza Gate Park.

Rich Construction began site work for the new pavilion in early October. The pavilion itself has arrived and is now under construction on the city’s waterfront, offering “exceptional views of Melton Hill Lake and the Oak Ridge rowing course,” a city press release said.

Construction could be completed sometime in late November, depending upon the weather, the press release said.

The city asked the public to use caution in the park while the pavilion is under construction.

The hexagonal, prefabricated picnic pavilion will include a metal roof, ceiling lighting, and a low stone wall with electrical outlets. It’s designed to serve as a “signature facility” that sets the theme for future waterfront development.

Funding for the proposed pavilion comes from a $140,000 donation from UT-Battelle, which manages Oak Ridge National Laboratory, and from savings that result from staff turnover in the Oak Ridge Recreation and Parks Department, the city staff said.

The park is used by rowers, runners, walkers, bikers, and families.

For more information, contact the Oak Ridge Recreation and Parks Department at (865) 425-3450 or visit the city’s website at www.oakridgetn.gov.

No one injured in small home fire on Cove Lane

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Cove Lane Fire

Firefighter Gary Williamson, left, and Capt. Jason Benjamin of the Oak Ridge Fire Department respond to a call for help at a Cove Lane home north of Oliver Springs on Wednesday morning. (Photos by Tom Scott)

No one was injured in a small fire in a two-story home on Cove Lane north of Oliver Springs on Wednesday morning, said Josh Waldo, Oak Ridge assistant fire chief.

Oak Ridge Fire Department responded to the fire at about 11 a.m. Wednesday after receiving a call for help, but the Oliver Springs Fire Department had extinguished the flames by the time Oak Ridge firefighters arrived.

The home is in the Marlow Volunteer Fire Department district, and Marlow firefighters responded, as did emergency responders from several other local agencies.

Waldo said no one was home at the time of the fire, which was in the home’s dining room.

Oak Ridge Fire Department at Cove Lane

Oak Ridge Assistant Fire Chief Josh Waldo, left, and Oliver Springs Assistant Chief Justin Bailey, right, meet with Oak Ridge firefighters Andrew Murray, left center, and Steven Hales, right center. Murray and Hales started with the Oak Ridge Fire Department on Monday.

Monday forum on homelessness in Anderson County

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A Monday afternoon forum at the Oak Ridge Jewish Congregation will focus on homelessness in Anderson County.

The speaker will be Rick Morrow, executive director of the United Way of Anderson County. He will address the question, “Is there really a homeless problem in Anderson County?”

The community forum starts at 2 p.m., and it’s sponsored by the Women’s Interfaith Dialogue, a press release said.

The release said 31 people were identified as unsheltered homeless in Anderson County in January 2012. Another 20 people were in shelters, and 34 more were “precariously housed” and almost homeless. That’s a total of 85 people in need of a home, the release said.

The primary causes for homelessness in Anderson County are job losses, a lack of affordable housing, underemployment or low incomes, domestic violence, and substance abuse, the release said.

Monday’s forum is expected to include information about initiatives to address the serious issue of homelessness in the area.

The Oak Ridge Jewish Congregation is at 101 W. Madison Lane.

Woman arrested for punching Clinton cop

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A Lake City woman was arrested late Saturday night after she allegedly punched a Clinton police officer in the face, according to WYSH Radio in Clinton.

Clinton Police Department Officer Shawn Fritz was on patrol Saturday night at around 10:15 p.m. when he spotted a woman later identified as 28-year-old Ashley Bullock walking down North Charles Seivers Boulevard wearing only a T-shirt and blue jeans even though temperatures were only around 50 degrees, WYSH said.

Fritz conducted an unrelated traffic stop a short distance away and when he was finished there, doubled back to check on the woman to make sure she was OK. He located her standing in front of the Git N Go on North Seivers and attempted to make contact with her, the radio station said.

However, as he approached, she started walking away.

According to the arrest report, Fritz followed her, and Bullock stopped in the middle of the parking lot and turned to him, saying that she had just gotten out of jail and would not go back. At that point, she allegedly swung at Fritz, hitting him on the left side of his face near the eye with her fist, WYSH said.

Fritz took her to the ground and placed her under arrest on a charge of assault, the radio station said. She was taken back to the Anderson County Jail, from where she had been released less than half an hour before Fritz first saw her walking along the side of the road.

The incident was witnessed by two people and statements were obtained, WYSH said. Bullock has a lengthy arrest record dating back to 2004.

This story brought to you through an agreement between Oak Ridge Today and WYSH. See more local news headlines on the WYSH website at http://www.wyshradio.com/local_news.html.

Trio charged with aggravated robbery after alleged pistol-whipping

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Three Oak Ridge men have been charged with especially aggravated robbery after a Kingsley Road man was allegedly beaten in the head with a pistol during a drug deal and robbed of $250 on Tuesday afternoon, court records said.

Two of the men were buying Oxycontin at the Kingsley Road home when Nathaniel Tyhiene Johnson, 24, of Bettis Lane, allegedly attacked the victim and beat him in the head with a Raven .25-caliber pistol, Oak Ridge Police Officer Leslie A. Miller said in affidavits filed in Anderson County General Sessions Court.

The victim was treated for serious injuries at Methodist Medical Center and released.

Police found the pistol and a black hoodie and bandana used during the robbery in a black Cadillac on Hillside Road, the affidavits said.

The affidavits said the robbery and attack were allegedly planned by Andre Dominique Fritts, 26, of Wabash Lane, and Bobby Joseph Winn, 25, of Highland Ave., dropped off Johnson near the home “in order to commit the assault and robbery,” court records said.

Fritts, Johnson, and Winn remained jailed in the Anderson County Detention Facility on Thursday morning. Bond has been set at $250,000 for Johnson, and at $500,000 for Fritts and Winn.

Initial court appearances have been set for Nov. 8.

Council candidates say city’s cost, housing, revenues are top issues

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Note: This story was updated at 2:03 p.m.

Early voting for the Nov. 6 election ends today, and the ballot includes five candidates running for three seats on Oak Ridge City Council.

The five candidates were asked to define the city’s biggest problem during a League of Women Voters forum last month. Two named revenues, one mentioned housing, another talked about repopulating the city as the original generation ages, and the last said the city is too expensive.

The five candidates are the three incumbents—Charlie Hensley, Chuck Hope, and Ellen Smith—and two challengers, Trina Baughn and Kelly Callison. [Read more…]