Case Closed!

August 25, 2021
By: Dwayne Page

Case closed!

Five months after the DeKalb Animal Coalition went to court trying to prevent the City of Smithville from intervening in the operation of the animal shelter, the case has been dismissed.

The order was signed Monday, August 23 by Chancellor Ronald Thurman.

It was clear the case would be dropped after the Coalition and City agreed to terms of an amended lease and contract over the operation of the animal shelter which was approved and signed by parties for both sides earlier this month.

“All issues joined for trial have been amicably resolved by Plaintiff (Coalition) and Defendant (City) by virtue of the parties having entered into an Amended Lease and Contract under date of August 10, 2021. It is also unnecessary to add DeKalb County as a necessary and indispensable party. It is therefore ordered that the action filed by the Plaintiff(Coalition) against Defendants City of Smithville and DeKalb County, is hereby dismissed as to both Defendants,” according to the order.

In March the Chancellor issued a temporary restraining order pending a final hearing to keep the City of Smithville from taking over the operation of the animal shelter which was and remains under the control of the DeKalb Coalition for Humane Treatment of Animals, INC.

The Coalition, represented by attorney Sarah Cripps, sought to make the temporary restraining order against the city permanent and for the Chancellor to construe and interpret provisions of both the Coalition’s lease and contract with the City over the operation of the animal shelter as well as the Coalition’s memorandum of understanding with the County.

Cripps was granted the temporary injunction, later amended to a temporary restraining order, after the Smithville Aldermen voted unanimously on March 1 to terminate the city’s 99 year lease with the Coalition and for the city to assume total control of the animal shelter. The mayor and aldermen claimed that the Coalition, which since 2017 has contracted with the city to manage and oversee the facility, had breached its agreement. City officials contended that the city’s own employees who worked there actually managed the day to day operation of the shelter. In a separate move, the aldermen voted 4 to 1 on March 1 to again allow the shelter to accept animals from outside the city but within the county. Something the Coalition had been fighting for since the aldermen issued the ban during a special meeting on October 29, 2020

Chancellor Thurman said in March that while the city had the right to void the contract it could not unilaterally declare a breach by the coalition without a ruling from the court.

Although the county was not a party to this action, Chancellor Thurman said it needed to be because the final outcome could have affected the county. He asked that the county join the case.

Since then the city and coalition renewed talks and crafted an amended agreement to the original lease and contract clarifying more fully the intent and purpose of the documents as well as the specific duties and obligations of the coalition and the city.

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.

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.

August 25, 2021
By: Dwayne Page

A Dowelltown man responsible for a forgery, burglary, and theft earlier this year was sentenced in DeKalb County Criminal Court Monday, August 23.

26 year old Eric Lane Petty entered a plea to forgery, misdemeanor theft, and aggravated burglary. He received a one year sentence for the forgery, 11 months and 29 days on the theft charge, and three years for the burglary offense to run concurrently and all suspended except for six months to serve.

Sheriff Patrick Ray said that on January 27 Petty broke into a trailer at a business on Nashville Highway at Liberty and took a propane tank and hose along with a 4,000 BTU Buddy heater. The total value of the items taken was almost $200.

The same day Petty broke into a residence on Sims Street at Dowelltown and took an Emerson television, weedeater, and other items with a total value of $690.

Five days later on February 1 Petty took a check out of a mailbox on Sims Street in Dowelltown, forged a name on the back of the check, and passed it at a business in Liberty in the amount of $300.

The cases were investigated by sheriff’s department detectives.

A Smithville man charged with breaking into and taking items from a houseboat over a year ago was sentenced in criminal court Monday.

35 year old Christopher Elliott Bradshaw entered a plea to burglary other than a habitation and theft over $1,000. He received a four year sentence in each case to run consecutively for a total of eight years to serve at least 30%.

Sheriff Ray said that on July 28, 2020 Bradshaw broke into a houseboat on Floating Mill Road and took three pairs of Bravan glasses, an iphone, and $200 cash. He also damaged a door to the boat during the burglary. The total value of the stolen items came to $1,800.

One of four people arrested last year for breaking into a Liberty home twice in the same day appeared in criminal court for sentencing Monday.

38 year old Samantha Bee Florida entered a plea to aggravated burglary and received a six year TDOC sentence but was given jail credit of 183 days. She is to make restitution of $7,395 jointly and severally with the other defendants.

Sheriff Ray said deputies responded to a complaint of a prowler around a residence on Old Highway 53 in Liberty and discovered the burglary upon arrival. Detectives were notified and started an investigation which revealed that Florida, 38 year old Kenneth Adam Wright, 34 year old Jonathon David Thomas, and 23 year old Emma Katherine Alverson had broken into the residence twice on May 29, 2020 and stole several items with a total value of $7,395 including an Xbox 360, large red craftsman tool box, record player, paint rollers, 2 trail cameras, plastic tool box, a jump box, samurai katana, DVDs, tea set, hunting blind, Holy Bible vinyl record, shop vac, solar battery charger, antique oil lamp, pots and other miscellaneous items.

The other cases remain pending in court.

26 year old Dustin Kidd entered a plea by criminal information to possession of a schedule II drug (methamphetamine over.5 grams) and received an eight year sentence all suspended to supervised probation. He was fined $2,000.

33 year old Justin Cripps entered a plea by criminal information to vandalism under $1,000 and received a sentence of 11 months and 29 days all suspended to probation and to run concurrent with a White County case against him.

22 year old Ismael Vicente Viel entered a plea to driving under the influence and received a sentence of 11 months and 29 days all suspended except for 48 hours in a DUI Education Center.

47 year old Glen Ray Jones entered a plea to sale and delivery of a schedule II controlled substance (methamphetamine under .5 grams) and received a four year sentence to run concurrently but suspended to supervised probation TDOC. He was fined $2,000.

54 year old Teresa Darlene Mayo entered a plea to sale and delivery of a schedule II controlled substance (methamphetamine greater than .5 grams) and received an eight year sentence to run concurrently but suspended to supervised TDOC probation.. She was fined $2,000.

52 year old Christopher Todd Storie entered a plea to DUI and received a sentence of 11 months and 29 days suspended to serve 48 hours at the DUI center in Cookeville. He will lose his license for one year although he will be issued a restricted license. He was fined $350.

21 year old Mark William Green entered a plea to attempting to deliver over .5 grams of a schedule II drug and received a four year sentence suspended to TDOC probation. He was fined $2,000.

28 year old Caroline Rose Guffy entered a plea to reckless endangerment and received a sentence of 11 months and 29 days suspended to supervised probation.

59 year old William Doyle Flarity entered a plea to DUI and received a sentence of 11 months and 29 days suspended except for 45 days at the DUI Center in Cookeville. He will lose his license for two years except for a restricted license. He was fined $600.

August 24, 2021
By:

The Tennessee Department of Education highlighted an opportunity this fall for all high school seniors to boost their scores on the ACT college entrance exam after taking the test the first time as a junior during the COVID-19 pandemic. While a recent ACT, Inc. study found that the 2020-21 ACT results indicated an anticipated decline in ACT scores nationwide, Tennessee is the first and only state to offer this free retake opportunity to every Tennessee high school senior this fall.

The ACT is a comprehensive college entrance exam covering a wide range of subjects that assess students’ mathematical skills, grammar usage, science interpretation, and reading comprehension. Because results from college readiness tests like ACT are often used to determine eligibility for scholarships, including the Tennessee HOPE scholarship, ACT re-take opportunities empower students to fulfill requirements for college admission and demonstrate readiness.

This year, the department is urging all Tennessee high school seniors to take advantage of the fall ACT retake opportunity and has expanded the state testing windows to provide additional options. ACT Inc.’s research shows that students who take the ACT more than once increase their score by an average of 1 point. Students who improve their scores in one or more subject areas tested will have their super-score composite available to send to postsecondary institutions and scholarship programs.

“While the fall ACT retake has always been available to our seniors, this year’s retake opportunities offer our seniors one more chance to potentially boost their scores and demonstrate readiness for college and career,” says Commissioner Penny Schwinn. “ACT Inc.’s research shows that by participating in these opportunities, students are more likely to increase their ACT scores, and we want all our students to achieve their highest potential. I encourage our districts, schools, and families to help us ensure all Tennessee high school seniors can take advantage of this opportunity.”

Districts across the state will be able to offer the free fall ACT retake opportunities during one of the following three-day windows:

·October 5-7, 2021

·October 19-21, 2021

·November 2-4, 2021

“ACT is proud to partner with Tennessee as we encourage all student to take advantage of Tennessee’s ACT Senior Retake to improve students’ composite scores. Last year, over 89% of Tennessee seniors participated in the ACT Senior Retake.  ACT data shows that when a student tests more than once, their ACT composite score increases by about 1 point,” said Catherine Hoffman, ACT’s Vice President of State and Federal Programs. “In many cases, this score increase provided scholarship funds and many students were not required to take remedial classes.  This resulted in dollars back into Tennessee families’ pockets and impacts that will last for generations.  Tennessee continues to put students first and make lasting change for students.”

Aligned with the department’s Best for All strategic plan, the ACT provides essential data and context for state and district leaders on student readiness for postsecondary opportunities. Students who score a 21 or higher on the ACT also meet criteria for Ready Graduate, the state’s indicator to reward schools and districts whose high school graduates demonstrate postsecondary readiness.

Fifty percent of students who participated in the Fall Senior Retake in 2019 increased their composite score from their junior year in 2018. Additionally, 3,825 seniors raised their composite score to a 21 or higher, allowing them to access more than $61 million in HOPE Scholarship funds.

The department recognized the impending impact the global pandemic would have on K-12 education in Tennessee and has proactively and strategically committed investments to prioritize meeting the needs of all Tennessee students through the state’s ARP ESSER plan, which lays out the state’s spending strategy for its portion of federal COVID-19 relief and stimulus funding to benefit K-12 education in Tennessee, including supports for success on the ACT.

The department has partnered with the University of Tennessee at Martin to provide all Tennessee high school students and teachers with access to free, virtual workshops, office hours, and classes on how to succeed on the ACT.

Throughout the summer, the ACT Success Tactics Workshops and Mastery Classes were available for free via Zoom to all Tennessee high school teachers and students, designed for rising 11th and 12th graders, to gain knowledge and skills to prepare for and be successful on the ACT. The workshops and classes are being held through the fall and are available to register for here.

To learn more about the state’s college readiness testing program, including the ACT and SAT, visit the College Readiness Testing webpage.

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