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CITY REPORTER

Another Week, Another County Lawsuit

Last October, Shelby County jail chief Marron Hopkins was accused of

threatening his subordinate guards, instructing them not to

talk to court-appointed jail monitors assigned to

report on the jail’s efforts to cut down violence and

reduce overcrowding. Hopkins told jailers that the

monitors were “not their friends” at a meeting he

called just a week after federal judge Jon McCalla

had taken a surprise tour, led by the chief, of the

troubled downtown lockup.

All that would have gone unnoticed if jail commander Robert Ivory
hadn’t told jail

monitor Curtis Shumpert of Hopkins’ improprieties. As a result, inmates
attorney Robert Hutton

filed a complaint at the request of Judge Jon

McCalla, who is overseeing the implementation of

the four-year-old court order.

Ivory was terminated the same day that Shumpert told the judge about
Hopkins’

actions. Months before, Ivory had been following the court’s mandate to
cooperate with

the monitors by answering Shumpert’s questions, locating documents, and
providing

requested assistance to the monitor.

Ivory held four jobs at the jail since being

hired in 1997 to be in charge of sanitation. He

was fired despite having a clean personnel record. Though 201 Poplar is known
for its unclean

environment, Ivory’s employee evaluations state

that “he has been working very hard to meet

deadlines in improving the overall sanitation

condition of facility … follows established policy,

guidelines, and procedures … and is competent

and effective … exceeds expectation.”

This week, attorney Saul Belz filed a $2 million wrongful termination
suit

against Shelby County Sheriff A.C. Gilless and Hopkins. Belz says the
situation is

reminiscent of Sheriff’s Deputy Harold Hayes’

termination, which came after he spoke out about the

Ray Mills and Stephen Toarmina badges-for-cash scam two years ago.

Ivory has been unable to get a job since being forced from his post in
October.

“There’s no reason why this man

shouldn’t be working,” says Belz. — Ashley Fantz

Music Commission Holds First Town Hall

Roughly three years after its formation and almost two years after

hiring Jerry Schilling as its president, the

Memphis & Shelby County Music Commission will hold its first town hall
meeting this week.

The event, which will take place at

Strings & Things music store at 1555 Madison

Avenue, is scheduled to run from 5:30 to 7:30 p.m. and be moderated by WREG-
TV’s

Alex Coleman. Schilling says that all of the commission’s 20 members who will
be

in town that day are expected to attend, but that a select few members will be

on the panel that takes audience questions.

Panelists, in addition to Schilling, will include

Pat Mitchell of the Blues Foundation, Jon Hornyak of the

Recording Academy, Kevin Kane of the Convention and Visitors Bureau,

John Frye of Ardent Studios, and Onzie Horne of the House of Blues.

Schilling anticipates that there may be some negative responses from
the

audience but says he relishes the opportunity to

bring the commission closer to the community.

“I think that people who are going to

take the time to come to something like this will either have really
legitimate criticisms or

some really great ideas that we could

incorporate,” he says.

To prepare themselves, last month the commission convened the first
meeting of

its Musician’s Advisory Council, a commission offshoot designed to give
contemporary

working musicians more voice on the commission. Members of the still-forming
council

include Jim Dickinson, Reba Russell, and the Pawtuckets’ and MADJACK Records’

Mark McKinney.

“I want to get the city behind this

event, not just the music community,” says

Schilling. “I want to get the Memphian there who

might think, ‘Why do we need a music commission?’ I know down deep that
Memphians are

proud of our heritage, but I want them to also be proud of what’s going on
today.”

But apparently not everyone is looking forward to the event.
“There are a few

commissioners that are a little afraid of this,” Schilling

admits, “but my feeling is that if there’s

something that we don’t know, then damn it, we

should know. If somebody can bring something up

and we don’t have the answer then we’ll damn well look for it. We don’t want
to be sitting

behind the desk, comfortable. We want to be on the

firing line.” — Chris Herrington

“Gibson Experience” Put On Hold

The Gibson Guitar plant located downtown is slowly getting up to

speed. According to plant manager Mickey Butler, Gibson is producing 71
guitars a day

and employing 67 people. When Butler first arrived in Memphis from the Gibson
plant

in Nashville, the Memphis site was producing only four guitars a day. Butler
says that

he has plans to increase production to 100 guitars a day and hire up to 120
people by

the summer.

However, the site is also supposed to house the “Gibson
Experience,”

which would include a factory tour, Gibson museum, theme restaurant, and a
live

music venue. This has yet to materialize and, according to Gibson chairman and

CEO Henry Juskiewicz, is going to take time.

The Rock ‘N’ Soul Museum, operated as a division of the Smithsonian

Institution, opened last year on the second floor of the Gibson factory.

“It’s going slower than we’re pleased

with,” says Juskiewicz. “I hesitate to give dates.

The fact is that we’re four and a half years behind.”

Juskiewicz says the delays stem from “problems with construction.
Things

didn’t get done.” Those things include an

installed kitchen for the restaurant. According to project manager Bryan
Campbell

of MCDR Incorporated, the construction firm that built the plant, his company

was never contracted to install the kitchen. This matter is currently being
contested in court.

Despite the roadblocks, Juskiewicz is confident about the success of
the

Memphis operation.

“We’re pumped about Memphis,” he

says. “We’re not happy about [the delay], but

we’re committed to Memphis and we will fill our obligations. We’re going to
make the

community proud.” — Chris Przybyszewski

Velsicol Blast

Worries Residents

As the sky filled with thick black smoke after an explosion at

the Velsicol Chemical Corporation’s plant Thursday, the surrounding North

Memphis neighborhoods were in “sheer

panic” for about 45 minutes, says resident

Reverend Balinda Moore.

Knowing the plant stores many dangerous chemicals, several residents
fled in

their cars, while others without transportation awaited a call from the
automated

hazardous materials phone service that never came. The sirens at the adjacent
school

and community center also didn’t sound, Moore found out later from the fire

department, because the accident didn’t pose a health threat.

Moore says she tried to call Velsicol to find out what happened, but
no one

answered the phone. The community should be informed after an accident, she
says,

to calm fears or detail evacuation routes.

Though no one was injured in the blast, 75 firefighters and 22 pieces

of equipment were dispatched to the scene when the top blew off a

50,000-gallon chemical storage tank, according to a fire department press
release.

Working with the Concerned Citizens for Douglas Bungalow Crump, a

neighborhood group focusing on environmental

concerns, Moore has been fighting Velsicol to clean up

its act. Though the company is working to remove toxic waste on its site ,
Moore blames them

for causing cancer and asthma in her neighborhood.

Andrew Wilkins

Applegate Era Ends At Channel 5

A tumultuous period for THE local TV news industry came to an end

last month with the long-anticipated promotion of WMC-TV vice president and
general

manager Bill Applegate to the same positions at two stations in Cleveland,
which were

recently purchased by Raycom Media, WMC’s parent

company.

Applegate arrived at WMC, long the market’s most powerful and
respected news

station, in April 1998, with a reputation as one

of the most controversial executives in the industry. A cover story in this
paper that ran

shortly after his arrival characterized Applegate as

a tough, abrasive administrator who would boost ratings and cut costs at the
expense of

product quality and staff morale.

It didn’t take long for those predictions to

come true. Less than a year after Applegate’s arrival,

local print media were taking note of the increasingly hysterical tone of the
station’s newscasts,

especially the station’s rather loose interpretation

of the term “breaking news.” The Commercial

Appeal reported that half of the newsroom had

left or been fired in the first year — a figure

confirmed by staffers who were there at the time.

Richard Enderwood, director of promotion and audience development at
WMC from

1993 until November 1998, and who now works in a similar capacity at stations
in Oklahoma

City, echoes many former Channel 5 staffers in decrying the stylistic shift
that Applegate

introduced.

“I believe that many of the special stories

that were written and produced for news sweeps

were frivolous and lightweight and were done in an attempt to attract viewers
without addressing

issues that actually impact the lives of

Memphians,” Enderwood says. “I’m sure there are industry

reasons for those changes too, but the kinds of

frivolous newscasts that were going on around the country were not going on at
WMC or in

Memphis really until [Applegate’s] arrival.”

“They are less traditional than they were

before he came, there’s no doubt about that,”

says Dr. James Redmond, chair of the journalism department at the University
of

Memphis. “Whether that’s good or bad is open to

interpretation — it depends on what kind of news you prefer.”

The ratings at the station under

Applegate’s tenure partially bear out his approach,

however. The first May sweeps under Applegate’s

watch, which occurred just before he brought in equally controversial news
director

Peggy Phillip, reflected trouble. The station had

been knocked out of first place at 5 p.m. for the

first time in five years, losing to WREC-TV Channel 3 by half a ratings point
and finding

themselves in a tie with Channel 3 at 6 p.m. The station held a two-point lead
at 10 p.m.

During the November 2000 sweeps, the last under Applegate’s watch, WMC
was back

on top by a full point at 5 p.m., had pulled ahead considerably at 6 p.m., and
was maintaining

a similar lead at 10 p.m.

But many lament what has been lost in the ratings wars.

“To look at the organization as a whole

in the community, I don’t think they’re as

involved as they used to be. I think they pick

their spots,” says Harold Graeter, associate

executive director of the AXA Liberty Bowl, whose position of sports director
was eliminated

by WMC in the fall of 1998.

Some former staffers and media watchers have expressed hope that
Applegate’s

successor, Howard Meagle, who served for several years at a Raycom station in
Cape

Girardeau, Missouri, will return some of the

station’s community service focus.

But many question whether Applegate’s approach has even been a success
at

WMC. Media watchers point out that his record has largely been one of
improving ratings in

the short term but leaving stations worse off than when he arrived. His real
impact at

WMC may be more accurately reflected in the

next few sweeps periods.

“Sometimes you trip over dollars to

pick up nickels, and sometimes you make changes that’ll make the ratings spike
a

little bit but in the long term will actually contribute to a further
decline,” says

Redmond. “How that all shakes out [at Channel

5] remains to be seen.”

“I don’t think he had a dramatic

impact on the ratings, and I certainly think he affected morale in a negative
way,” says

Graeter, in an opinion echoed by many other former WMC staffers. “But as
long as you have

that core group of Joe [Birch], Dave [Brown], and Jarvis [Greer], that station
will maintain

its position in the market, because it’s about personalities.”

Chris Herrington

More Dirt On Downtown School Construction Costs

Shortly after approving a plan to borrow $50 million through the city

government, the Memphis City Schools board voted to

allocate $2 million in additional funding for the

new downtown elementary school.

The money — more than 20 percent of the

school’s accepted bid price of $9.4 million from

Jameson-Gibson Construction — was requested to replace

a four-foot layer of unsuitable soil.

“An engineer determines what needs to

be done to support the building,” says Melva

Williams-Argaw, coordinator of Memphis City Schools Office of Facility
Planning. “You

have to take out the rubble, old concrete

foundations, and soil that does not have characteristics

conducive to supporting a building.” According

to Williams-Argaw, both soil and rocks will be brought in to fill the hole and
carry the

weight of the 85,000-square-foot school building.

Williams-Argaw could not say how much of the money was for excavation,
how much

for stone and soil, and how much for transportation of the material to the
site because the

official change order for the project has not yet

been issued. The $2 million is essentially an

estimate by the staff based upon recommendations

from the project’s architects and engineers.

According to several local grading companies, however, removing a
cubic yard of bad

soil generally costs $5 to $10. Replacing it costs about the same amount,
depending on

what type of fill you’re using, how far you have

to move it, what type of area you’re working in, and whether or not the site
retains water.

But even if the entire seven-acre site

needed an extra four feet of excavation, at $10 a

cubic yard for removal and $10 for fill, the

construction should cost about $900,000 — about

half the amount approved by the board.

According to Williams-Argaw, the staff

took the estimated $2 million to the board in

order to keep the project moving.

“We had to make sure we had the

money,” she says. “If we slowed down the process,

by the time the construction company is ready to do the work, then we’d have
to wait on

the board to approve the funds. Because of the

time factor, we’re asking to proceed with the work while we work out the
price.”

Each school has an amount for construction contingency — money to be
used for

additional, unexpected costs. But in this case,

the project’s size dictated the staff go to the

board with a funding request.

“This change order would wipe out the

contingency,” says Williams-Argaw. “We’re at the

very beginning of this project. We’re just coming

out of the ground, so we’re bypassing that pot.”

The original specifications for the

school, scheduled to open in August 2002, included

excavating and replacing eight feet. Although standard testing was done to
determine how

much soil needed to be replaced, it was recently

determined that a total of 12 feet needed to replaced.

“We have a differential of four feet. It’s

based on a test, but we’re still dealing with a

margin of error,” says Williams-Argaw.

If the soil replacement does not cost all

of the $2 million, the money will go back to

the capital improvement fund. If it goes over, the staff will have to use the
contingency

money or go back to the board.

Originally part of a 15-school package proposed by Inman-Beers
Construction,

the downtown school was slated to cost$12.4 million. After school officials
announced

last year that there wasn’t enough money to build all the schools, the board
decided

to award a smaller nine-school package bid. The downtown school and

five others were re-bid individually. Jameson-Gibson Construction

eventually won the contract with a bid of $9.4 million.

Managers at Jameson-Gibson declined to be interviewed.

Mary Cashiola