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Caryville discusses lawsuit, budget and road construction

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By Charlotte Underwood

From the negative secondary effects of sexually oriented businesses to fixing the roads in Caryville, the board of mayor and aldermen discussed it all at Monday night’s meeting.

The main event of the meeting was a presentation by attorney Scott D. Bergthold to the Caryville board about the negative secondary effects of sexually oriented businesses. Caryville recently had a lawsuit filed against the town in regards to ordinances and regulations that govern adult oriented businesses in the town.

In June, Adult World filed a lawsuit against Caryville claiming the town ordinances violated its constitutional right to freedom of speech and expression by restricting nude dancing.

Bergthold is part of the legal team, which TML has assigned to Caryville, to assist in the lawsuit. During his presentation, Bergthold informed the board of various other legal cases which he had assisted on and explained that it was through looking at studies of the negative secondary effects which had enabled other municipalities to enact ordinances and control these effects. Negative effects such as crime rate increases, property value decreases and alleged health and safety risks were all brought to light during the meeting. After the 45-minute presentation, Begthold and the board of mayor and aldermen met in executive session in order to discuss the lawsuit.

The mayor refrained from commenting due to the pending litigation against Caryville brought by Adult World.

The board also discussed last year’s budget. It met a snag when board members found themselves in disagreement about amending the 2008-09 budget.

Stooksbury brought up the resolution, which if enacted would amend last year’s budget. The amendment is basic end of the year housekeeping and something that has to be done, according to Stooksbury. If a town or city overspends in its budget or brings in revenue that wasn’t expected or accounted for, then the old budget must be amended to reflect these changes in order to follow guidelines and be legal.

Smith voted no, saying he opposed the amendment because he could not believe that the town had been that off in its numbers. He said he felt like he had not been informed about the situation satisfactorily and that was why he was voting no.

“I was going on the assumption that everything was being took care of,” Smith said.

Town recorder Cheryl Ivey pointed out to Smith and other board members that this was no surprise, and they had all been informed of the town’s financial situation various times. She also pointed out that they (board members) had voted on these financial issues in previous meetings or the spending would not have been approved in the first place.

“All this has been paid for, this is just catching up on the necessary paperwork,” agreed Stooksbury.

Aldermen Mark Stanley and Chris Stanley also voted no on the amendment, leaving board members Wade Lawson and Vickie Heatherly voting yes. The mayor also cast his vote for amending the budget, thus creating a tie.

“Okay, well I guess we’ll try it again next time,” Stooksbury said after the amendment failed.

Alderman and planning commission member Glenn Smith informed the board of current road projects which were going on in the town.

“We’re working on trying to get it up to speed,” Smith said. He explained to the board that some of the roads had not been updated since 1988 such as Elkins Road and Butter and Egg Road.

Other members from Caryville’s Planning Commission, along with Campbell County Commissioner Rusty Orick and his brother Mike attended the meeting to show their support for the town and the road construction projects. Road superintendant Dennis Potter and his workers were also noted for their efforts and labor.

“It will probably take a while to get everything done, but we needed to start somewhere,” Smith said.

Mike Orick addressed the board, telling it that State Representative Chad Faulkner had also petitioned the Tennessee Department of Transportation to have a traffic study conducted on the Elkins Road intersection to see about the need for a traffic light.

“It is something that needs done,” agreed Caryville Mayor Bobby Stooksbury.

The board also discussed and voted to apply for a Tennessee Municipal League Risk Management Pool Safety Matching grant.

“This is something we do every year,” Stooksbury explained to the board. If received, the grant would help Caryville purchase safety equipment. The grant maximum is $2,000.