City Approves Amended Lease and Contract with Animal Coalition (View PDF of Amended Lease Here)

August 10, 2021
By: Dwayne Page

Five months ago the City of Smithville sought total control of the DeKalb Animal Shelter. Today, it wants no part of it.

amendedleaseandcontract_001.pdf

During a special meeting Monday evening, the Smithville Mayor and Aldermen approved an amended lease and contract with the DeKalb Coalition for Humane Treatment of Animals, Inc. rather than pursue a legal fight with the non-profit group in Chancery Court.

The parties have been at odds for several months over who is in control of the shelter and their differences led to litigation by the coalition against the city seeking a declaratory judgment and injunctive relief. Chancellor Ronald Thurman later issued a temporary restraining order to keep the city from intervening in the shelter operation until a final hearing. Since then the city and coalition renewed talks and crafted an amended agreement to the original lease and contract clarifying more fully its intent and purpose as well as the specific duties and obligations of the coalition and the city. When the amended lease and contract as adopted by the mayor and aldermen Monday evening becomes effective with the signatures of both Mayor Josh Miller and Coalition President Marsha Darrah the court case will be dismissed.

While the city will have no control over the operation of the shelter under the amended lease and contract it will have some obligations to the coalition. The city will contribute (pay) to the coalition a base annual sum of $100,000 for the first full year in quarterly installments but the overall payment will increase by $1,000 per year for the next fifteen years. By the year 2037, the city will be paying $115,000 per year to the coalition. The city’s lease payment deal with the coalition may be revisited but not reduced after the first fifteen years. For the remainder of the current fiscal year (2021-22), the city will begin making payments to the coalition retroactive to August 1 and then pay $25,000 per quarter October 1, January 1, and April 1. Prior to each quarterly payment, the coalition must submit to the city a report documenting how the monies contributed have been utilized and spent toward the operation of the shelter.

No shelter employee will be funded or employed by the city. The coalition will be solely responsible for the staffing, management, and operation of the shelter including hiring and termination of employees and will pay all associated costs of their employment including salaries, uniforms, benefit packages, etc.

The city will turn over to the coalition the certificate of title to the animal transport vehicle. Going forward, the coalition will be solely responsible for all maintenance and costs of insurance coverage on the vehicle. The purchase of any subsequent animal transport vehicle will be the responsibility of the coalition.

The city will be responsible for any and all maintenance and repairs to the exterior of the animal shelter building and must continue to insure it with a reputable company in an amount sufficient to replace the structure if destroyed by natural disaster, fire, flood, etc. and shall maintain comprehensive general liability and casualty insurance on the premises. If destroyed, the city will be obligated to rebuild the shelter. It will be up to the coalition to maintain and make repairs to the interior of the shelter and to maintain a policy of comprehensive general liability and casualty insurance for the inside.

The coalition will also pay all recurring monthly utilities as well as lawn care at the shelter and dog park.

As for the dog park, which is located on the shelter premises and was funded by a grant, the city will be responsible for making all repairs but the coalition will be in charge of the dog park’s day to day operation, management, and staffing.

Should the city and coalition have a future disagreement or dispute concerning any issues that may develop from the original lease and contract or from this amended lease and contract, the parties will submit their disagreement to mediation conducted by Rule 31 Listed Mediator, selected by both parties before either shall be permitted to seek relief from any court of competent jurisdiction. Further, each party shall be responsible for paying fully one half of all costs incurred during the mediation process.

The DeKalb Animal Shelter opened for business on November 6, 2017 under the auspices and management of the coalition and the city’s original lease and contract with the coalition is for 99 years from September 1, 2015 to August 31, 2114.

amendedleaseandcontract_001.pdf

August 10, 2021
By: Dwayne Page

There might be something fishy in Hickman Creek near Alexandria and federal and state environmental officials want to find out what it is.

An unknown substance in the creek is believed to have resulted in several dead fish.

Until further notice, officials are urging citizens along the Hickman Creek area from Alexandria downstream into Smith County to avoid fishing, drinking, playing or swimming in the creek.

According to a brief press release from Charlie Parker, Director of the DeKalb County Emergency Management Agency, “an unknown substance has been detected in Hickman Creek which has led to several dead fish”

“Authorities from the United States Environmental Protection Agency, Tennessee Department of Environmental and Conservation, Tennessee Wildlife Resources Agency, DeKalb County Emergency Management, and the Town of Alexandria are currently working to resolve this situation,” said Parker.

August 9, 2021
By:

Nearly 300 children in need throughout Tennessee and Alabama have brand new backpacks filled with the supplies they need for a successful school year. RealSource Title Insurance & Real Estate Closings in Smithville partnered with its corporate office to collect school supplies and donations.

Doris Phillips, founder/president of RealSource, created The Circle of Love Foundation in 2004 to make sure children in need had the things they needed in time for the school year. “We are delighted to provide 72 backpacks filled with the school supplies to help these children find the path to success,” said Phillips. Smithville Elementary, Northside Elementary, and DeKalb West Elementary are each receiving 24 backpacks to share with children in need. “I would like to thank Katie Harris, Loni Easterwood, and Kendra Arnold for leading our drive in Tennessee to help local children.” At the RealSource office in Smithville, Harris is the office manager, Easterwood is the closing specialist, and Arnold is the support specialist.

RealSource is a title insurance and real estate closing company serving Alabama, Mississippi, Florida, Michigan, and Tennessee. The Smithville RealSource office opened in October 2020 in the heart of downtown at 404 W. Public Square.

Finding Solutions, Creating Opportunities

Growing up in poverty in Alabama, Phillips she cut grass to help feed her siblings at age 9. As a single mom at 16, she worked multiple jobs to feed her child. Education was not an option. Fast-forward years later, Doris learned from the school of hard knocks and is a professional success in the real estate industry. She is committed to providing children in need with the basic school supplies to be successful. Doris knows the deep pain of being forgotten and is committed to keeping it from happening to other children.

The Circle of Love Foundation has touched more than 7,000 children in five shelters in Alabama who would have otherwise gone without gifts on Christmas morning or the most basic school supplies like pencils and paper. The organization has raised more than $825,000 in gifts and supplies.

“Last year we provided backpacks for 53 children in Alabama,” said Phillips. “This year, we helped nearly 300 to children in Tennessee and Alabama. As our business grows in Tennessee, so does our philanthropy,” she said. “Being a good corporate citizen in Smithville is very important to us,” said Phillips. “Now that the back-to-school drive has been completed, we will start working on plans to provide Christmas magic for Smithville area children.”

For more information and donation options, visit www.thecircleoflove.org. All of the money collected is used to purchase items for children in need.

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