County Intends to Submit New Application for CDBG Grant (VIEW VIDEO HERE)

DeKalb County intends to submit a new application for a CDBG grant next year which if approved would fund an extension of water lines to certain areas of the county.
A public hearing will be held on Thursday October 9th at 6:30 p.m. in the downstairs courtroom of the courthouse to give residents in the targeted area another chance to express their desire for water services.

During Monday night’s county commission meeting, County Mayor Tim Stribling said the most recent application for grant funding was denied.
In a letter to Stribling dated Wednesday, September 3, Brooxie Carlton, Director of federal programs for the Tennessee Department of Economic and Community Development wrote that “I regret to inform you that your application for the 2014 Community Development Block Grant (CDBG) did not score high enough to be awarded a grant. Please consider revising your application and resubmitting it next year. ECD will be happy to discuss your application and the scoring process with you,” she wrote.
“The cutoff on the scoring was 194. DeKalb County’s scoring fell in at 191 which is three points below the cutoff. I met with Amanda Mainord who wrote the grant and Jon Foutch from the DeKalb Utility District and we made a phone call to the director of the (program) and asked how the county could improve on its scoring. She mentioned that under project impact only ten percent of the wells had to be tested but she recommended testing 35% of the wells to try and get the project impact (scores) up. I talked to DUD and they will want to submit this grant (application) again after the first of the year. A public hearing will be here in the basement of the courthouse on Thursday, October 9 at 6:30 p.m. concerning this grant. We’ll just have to go through the process again. Every household in the area will be sent a letter explaining this grant and the date for the public hearing,” said Stribling.
In February, the DeKalb Utility District Board of Commissioners adopted a resolution seeking a $500,000 Community Development Block Grant for DUD to run water line extensions to areas of the county in need. The County Commission approved the same resolution at the January meeting to make application for the grant on behalf of the DUD.
During the January County Commission meeting Amanda Mainord of Grassroots Planning & Consulting, grant administrator, said the project would have served thirty eight households on Tramel Branch, Oakley Road, Carter Lane, Old Givens Hollow, and the Alexandria to Dismal Road.
The DUD would have been responsible for paying the grant’s local 20% matching requirement or $96,000 plus any additional funds required to complete the project.

Four Charged in Meth Lab Investigations

The DeKalb County Sheriff’s Department has made four arrests as a result of two recent meth lab investigations.
29 year old Brandon Keith Thomas of Sparta Highway, Smithville and 40 year old Shawn Renee Gibson of Frances Ferry Road, McMinnville are each charged with initiation of a process to manufacture methamphetamine. Thomas’ mother, 54 year old Sharon Renee Thomas of Sparta Highway Smithville is charged with promotion of the manufacture of meth.
Bond for Brandon Thomas is $50,000; $25,000 for Gibson; and $20,000 for Sharon Thomas. All three will make a court appearance on October 16.
Sheriff Patrick Ray said that on Saturday, September 20 a deputy received a tip of a possible meth lab at a residence on the Sparta Highway. Upon arrival, the deputy found the back door open and he saw Brandon Thomas inside shaking a bottle. Gibson was sitting on a bed in the room watching Thomas. The officer watched for several minutes until someone inside closed the door. The deputy then approached the home, knocked on the door, and heard a man inside say “it’s the cops”. When the back door was opened the deputy saw Brandon running out the front door. The officer called for Thomas to stop but he did not. The deputy went after Thomas and caught him in the front yard. Thomas admitted that everything in the house belonged to him and he gave consent for the officer to search. Inside Thomas and Gibson’s room, the deputy found draino, cold packs, Coleman fuel, muriatic acid, tubing and tubing with a bottle cap, coffee filters, an electric grinder, empty Claritin-D blister packs, a plastic bottle with muriatic acid, pliers, wire cutters, and digital scales. Thomas then led the officer outside and showed him where he had disposed of a one pot cook bottle. Thomas confessed to manufacturing meth and he was placed under arrest. Gibson was also taken into custody. After being read her rights, Gibson allegedly admitted to knowing that meth was being made in the residence and participating by shaking the one pot cook bottle. In addition to the meth charge, Gibson was further issued a citation for simple possession and possession of drug paraphernalia after she was found with two valiums, two hypodermic needles, and a half ounce of marijuana.
After her son was arrested, Sharon Thomas was brought to the sheriff’s department for questioning where she admitted to purchasing Pseudoephedrine on three occasions for the purpose of her son being able to manufacture meth. She was then placed under arrest.
Meanwhile, 23 year old Calvin Lane Murphy, Jr. of Indianapolis, Indiana is charged with criminal impersonation, initiation of a process to manufacture methamphetamine, and simple possession of a schedule II drug (meth oil). Murphy already had a failure to appear charge against him. His bond is $15,000 and he will be in court October 2.
Sheriff Ray said that on Thursday, September 18 a deputy was patrolling New Bildad Road when he noticed a truck parked under the bridge. He went down to investigate and heard someone running through the woods. When the officer reached the truck, he saw a man sitting in the passenger seat with the door open. The driver side door of the truck was also open. The deputy spoke with the man who identified himself as Cody Murphy. However a photo ID from his wallet positively identified him as Calvin Murphy, Jr.
While speaking with Murphy, the officer noticed two small bags and a bottle of lighter fluid setting on a tool box in the back of the truck . One of the bags contained a white powder substance while the other held what appeared to be fertilizer. When he looked inside the truck, the deputy found lithium energizer batteries, thirteen coffee filters with a powdery residue, and an empty clear 13.7 ounce Starbucks glass bottle. Another coffee filter was found in Murphy’s wallet. Found in the area near the truck were two-one pot bottles believed to have been used in the production of meth and another Starbucks glass bottle containing a clear liquid determined to be meth oil. Murphy was placed under arrest. Other arrests are pending.
Meanwhile in other cases, 34 year old Tracy Michelle Vincent is charged with being a fugitive from justice. Her bond is $2,500 and she will be in court on September 25. Sheriff Ray said that on Tuesday, September 16 a deputy learned that Vincent, who has active warrants against her from Warren County, Kentucky, had fled the state. She was found at a residence on Cedar Street in Liberty. She is to be extradited to Kentucky.
49 year old Billy Calvin Shaw, Jr. of Murfreesboro is charged with driving under the influence. His bond is $1,500 and he will be in court October 9. He was further issued citations for violation of the implied consent law and driving on roadways laned for traffic. Sheriff Ray said that on Tuesday, September 16 a deputy spotted a black Nissan crossing over the center line on Short Mountain Highway. The officer stopped the vehicle and spoke with the driver, Shaw. He had an odor of alcohol on his person. Shaw submitted to field sobriety tasks but then stopped, telling the officer that he could not complete the tests because he had been drinking. He also refused to submit to a blood test. Shaw was placed under arrest.
24 year old Amanda Louise Smith of Adams Street is charged with bringing contraband into a penal institution. Her bond is $50,000 and she will be in court October 2. Sheriff Ray said that on Wednesday, September 17, Smith was arrested and brought to the sheriff’s department on unrelated charges. When Smith stepped into the jail, a female correctional officer asked her if she was in possession of any illegal items Smith replied no. During a search, a silver container fell out of Smith’s bra. Thirty nine pills believed to be subutex, and eleven pills thought to be valium were found in the container.
79 year old William Albert Warren of Holiday Haven Road, Smithville is charged with a second offense of driving under the influence. He was further issued citations for violation of the open container law, leaving the scene of an accident with property damage, and failure to maintain lane of travel. His bond is $3,000 and he will be in court on October 2. Sheriff Ray said that on Saturday, September 20 a deputy was called to Banks Pisgah Road in response to a traffic accident. Upon arrival, the officer noticed that a barbed wire fence, a utility pole guide wire, and several fence posts were all damaged but the vehicle involved in the wreck was not there. The complainant reported having observed a black truck leave the scene and drive to a nursery. The officer went to the nursery and found the truck, a black Ford 150 parked inside the nursery. The front end of the truck was damaged and the vehicle was dragging barbed wire. Warren was found in the driver’s seat and he had a strong odor of alcohol on him. The center console held an open 12 ounce can of beer. Warren was unable to perform field sobriety tasks but he did submit to a blood test. A computer check revealed Warren had a DUI conviction in 2012. He was placed under arrest.
29 year old Joshua Lynn McCowan of Adams Street, Smithville is charged with domestic assault. His bond is $2,500 and he will be in court October 9. Sheriff Ray said that on Saturday, September 20 a deputy was called to a residence on Toad Road for a possible domestic. Upon arrival the officer spoke with a woman who said she and her husband, McCowan had begun arguing over him not watching their children. According to the woman, McCowan became upset, started throwing things in the house, and allegedly pushed over a table which hit his youngest son in the face. Mrs. McCowan said her husband then grabbed her by the arms causing marks and slight bruising. Fearing for her safety and that of the children, the woman said she loaded the kids in her vehicle to leave for another residence. But before she could drive away, McCowan allegedly came out of the house and punched the windshield, breaking it out. He then went to the back of the car and punched out the rear passenger side window near where the children were seated. McCowan ordered the kids to get back in the house. Because of McCowan’s actions and to keep the situation from escalating , Mrs. McCowan advised the children to get out of the car and go back into the house. McCowan then went into the house with the kids and Mrs. McCowan left the residence. But even after she was gone, McCowan allegedly remained angry and kept breaking things in the house. While trying to calm down, he had the children to go back outside. The kids left the house and walked to DeKalb Market where they were picked up and taken to their grandmother’s home on Adams Street. McCowan was determined to have been the primary aggressor and was placed under arrest for domestic assault.
30 year old Gregory Mark Guidry of Puckett’s Point Road, Smithville is charged domestic assault. His bond is $5,000 and he will be in court October 16. Sheriff Ray said that on Sunday, September 21 a deputy was dispatched to a residence on Puckett’s Point Road for a physical domestic. When he arrived, the officer spoke with a woman who said her son, Guidry, had come to her bedroom door asking for her medication. When she refused to give it to him, Guidry kicked in the door and entered her room. He then jumped on top of her and began punching her in the face and head. As she called 911, Guidry grabbed the phone and broke it. He then went through the home and busted out all the windows and the glass in the back door before leaving the scene. The woman suffered a black eye and had a knot on her head and marks on her face from the assault. After leaving the residence, the officer was called to come back as Guidry had returned and again was demanding medication from his mother. While there, Guidry had busted two television sets in the home with a hammer before leaving again prior to the officer’s arrival. However, the deputy was still on the scene when Guidry returned a third time. Guidry was placed under arrest and brought to the sheriff’s department for booking.
51 year old John Wayne Warner of Big Hill Road, Liberty is charged with a second offense of driving under the influence and a third offense of driving on a revoked or suspended license. He was further issued a citation for no insurance. His bond is $8,000 and he will be in court October 16. Sheriff Ray said that on Sunday, September 21 a deputy was dispatched to Short Mountain Highway in response to a traffic accident. The officer arrived and spoke with the driver, Warner. He had a strong odor of alcohol on his person and he was unsteady on his feet. Warner performed poorly on field sobriety tasks. A computer check revealed his license were revoked for driving under the influence in 1991. He had another DUI in 2005. Warner was arrested and taken to the hospital for a blood withdrawal and then to the jail for booking.
53 year old Donald Gene Rigsby of Holmes Creek Road, Smithville is charged with public intoxication. His bond is $1,500 and he will be in court October 9. Sheriff Ray said that on Friday, September 19 a deputy was called to check out a report of a man on a bicycle who was weaving into lanes of traffic on Highway 56 south. Upon arrival, Rigsby approached the officer’s vehicle and asked the deputy if he could give him a ride. Rigsby’s speech was slurred and he was unsteady on his feet. He had a strong odor of alcohol on his person. Rigsby was placed under arrest for his safety and that of the public.
33 year old Kristopher Doyle Hale of Jennings Lane, Smithville is charged with driving under the influence. He was further cited for driving on roadways laned for travel, reckless endangerment, and violation of the child restraint device law. His bond is $1,500 and he will make a court appearance on October 9. Sheriff Ray said that on Friday, September 19 a 2002 Dodge Stratus crossed Highway 70 from Terrell Lane to Evins Mill Road in front of a deputy who was patrolling in the area. The incident caused the officer to have to slam on his brakes to avoid an accident. The deputy followed the car on Evins Mill Road and saw it run into a ditch. The officer pulled over to investigate and found the driver to be Hale. While speaking with Hale, the deputy noticed a strong odor of alcohol on his person. Hale also had a 22 month old child in the car with him but the youngster was not in a child safety seat. Hale said he had been drinking and submitted to field sobriety tasks in which he performed poorly. He also submitted to a blood draw and was placed under arrest.

Listen for “Reeling in the Years” Friday night on WJLE

Many of us have often had a longing for the past, a yearning for yesterday. With nostalgia in mind, another edition of “Reeling in the Years” will air on WJLE the night of September 26.
Former WJLE announcers Dennis Stanley and Shawn Jacobs host the program that will feature the pop/rock music and artists from the 1960s, 1970s and 1980s.
“We’ll be playing many of the songs that today’s 50 to 60 year old residents remember as teens and young adults,” said both Jacobs and Stanley. “The music you will hear on our show will bring back many fond memories. We’ve made sure our playlist includes songs that were popular during this month from a variety of years. It’s those little details we want to incorporate into our show to make it even more enjoyable.”
The September 26 program will air from 6:00 p.m. to 10:00 p.m. on WJLE-FM 101.7. It is the final “Reeling in the Years” show for the year and the program will pick up again early in 2015.

Sheriff’s Department Makes Arrests in Recent Burglaries and Thefts

Two Dowelltown men have been arrested for allegedly stealing from the same residence two days in a row.
30 year old Ryan Lee Walden of Dale Ridge Road, Dowelltown and 36 year old Joel Thomas Hayes of Bobby Hayes Road, Dowelltown are each charged with two counts of theft of property under $500. Bond for each is $3,000 and they will be in court on October 16.
Sheriff Patrick Ray said that on Monday, September 15 Walden and Hayes allegedly took a camper top and a bath tub from a residence on King Ridge Road. The following day, Tuesday September 16, a deputy was dispatched to the same residence on King Ridge Road where a theft was reported to be in progress. While enroute, the officer spotted a vehicle in the area which matched the description of the suspects. He stopped the automobile and found the driver to be Hayes. Walden was a passenger. The two men were questioned and they allegedly admitted to taking items from the residence including two-55 gallon barrels, a swing frame, a child’s play wagon, and a car hood. They were placed under arrest.
A Baxter man who allegedly stole merchandise from Walmart in Smithville on five occasions from June through August has been arrested after an investigation by detectives of the Sheriff’s Department.
31 year old Tamer Jason Jones is charged with four counts of theft under $500 and one count of theft over $500. He was arrested on Wednesday, September 17. His bond is $8,500 and he will be in court October 16.
Sheriff Ray said that Jones allegedly stole a total of three 2700 psi gas pressure washers including one on June 19, July 24, and August 13, each valued at $297. Jones also allegedly stole a GE 1200 BTU remote air conditioner on July 8 valued at $309 and a 48 inch Vizio Smart television and two Bostich drills on July 22 valued at $926.
45 year old James Lee Adcock of Jefferson Road, Smithville is charged with aggravated burglary and theft over $500. His bond is $12,500 and he will be in court on November 6. Sheriff Ray said that on Thursday, September 18 Adcock allegedly broke into a residence on Jefferson Road and stole a gas wall heater valued at over $500. Adcock has allegedly admitted committing the crimes.
35 year old Jerry Edward Perdue of Backbone Road, Sparta is charged with aggravated burglary. His bond is $10,000 and he will be in court on October 2. Sheriff Ray said that on Monday, September 15 a deputy was dispatched to a residence on Backbone Road where a woman reported that a man had tried to break into her house. She described the man as slim with a beard and that he wore all black clothing and a black hat. He was also carrying two black bags. The woman asked the man what he was doing and he replied “I’m kicking in the door”. He then disappeared into the woods in front of the house. The officer later found a man on Backbone Road who matched the description. He was identified as Perdue. The victim confirmed that this was the man she saw breaking into her home.

One Injured in Friday Wreck

One person was injured in a two vehicle accident Friday afternoon at West Broad and Atnip Street.
According to Smithville Police, 33 year old Cynthia D. Carter of Smithville, driving a Dodge Durango, pulled from Atnip Street into the path of a Mercedes, driven by 52 year old Tina Marie Roberts of Lebanon who was west on Broad Street. A five year old child was a passenger with Carter.
Roberts told police that she had no time to avoid the collision once the Durango pulled onto the highway. Carter said she didn’t see the Mercedes until it was too late to avoid a collision.
Roberts was reportedly taken to the hospital by DeKalb EMS. Carter was apparently uninjured.
The accident was investigated by patrolman Matt Farmer of the Smithville Police Department. Members of the Smithville Volunteer Fire Department were also on the scene.

Brandi (Fish) Bennett competes in Military Armed Forces Softball Tournament

Former Tigerette and 8AA Hall of Famer Brandi (Fish) Bennett competes in the Military Armed Forces softball tournament. She was selected to be a part of the United States All Navy Softball Team. In being selected, she is considered to be among the top athletes within the United States Navy. As a member of this team, she will represent the United States Navy in the Armed Forces Softball Championship held in Ft. Sill, OK. During this tournament, she will be competing against the finest athletes from the United States Army, Marines and Air Force, for the gold medal. Upon completion, she was then selected to be on the all-tournament. This team represents the top athletes from the Navy, Army, Marines, and Air Force. The Armed Forces Team will represent the United States in the ASA National World Cup, held in Oklahoma City, OK.
Brandi’s experience has been nothing short of notable throughout her softball career. Brandi was a standout for Danny Bond and the DeKalb County Tigerettes from 1993-1997, and was part of two state championship runs for the Tigerettes. Coach Danny Bond had this say about Brandi, “She had 2 attributes that all players would like to have; she was physically and mentally tough.” After graduating, she continued her softball career at Vol State (97-99) for head coach Johnny Lynn. Coach Lynn stated “Brandi was one of the hardest working young ladies I have ever coached. Her mental and physical toughness was one of Brandi’s strengths that will carry over in anything she decides to do.” She then followed in the footsteps of her brother Danny Fish and headed to Tennessee Wesleyan College (99-01). There she played for TWC Hall of Fame coach Jeff Rice. He remarked, “Brandi was a tireless worker who was always the first to practice and the last to leave. She always put the team’s success above her own.” Brandi graduated with a 3.3 GPA and a Bachelor’s of Science degree in Exercise Science from TWC located in Athens, TN.
Brandi is currently stationed in Manama in the Kingdom of Bahrain. She has the title of IT1 (Information Systems Technician First Class) (IDW/SW) and she is the Command Commander US Navy Central Command. She is the daughter of Danny & Regina Fish and Myron & Cindy Rhody. Brandi and her husband Anthony Bennett of Baytown, Texas will relocate to Pensacola, Florida in December.

Stribling Named Chairman of County Commission

The new county commission met for the first time Monday night and in its first act named County Mayor Tim Stribling as Chairman.
Seventh District member Larry Summers was returned as Chairman Pro Tempore.
The county commission must annually elect a chairman and a chairman pro tempore. The commission may elect the county mayor or a member of the body to be the chairman, although the county mayor may refuse to serve. If the county mayor is chairman, he or she may vote only to break a tie vote. If a member is chairman, the member votes as a member, but cannot vote again to break a tie. If the county mayor is not chairman, he or she may veto most resolutions of the county legislative body, but this veto may be overridden by a majority vote. The majority vote that is required for this and the passage of resolutions or other measures is a majority of the entire actual membership of the county legislative body, and not a majority of the quorum, nor a majority of the authorized membership.
The county commission consists of fourteen members, two from each of the seven districts in the county.
The new make-up of the county commission is as follows:
Elmer Ellis, Jr. and Mason Carter from the first district; Jimmy Midgett and Joe Johnson from the second district; Jack Barton and Bradley Hendrix from the third district; Wayne Cantrell and Jonathon Norris from the fourth district; Jerry Adcock and Anita Puckett from the fifth district; Jeff Barnes and Betty Atnip from the sixth district; and Larry Summers and Kevin Robinson from the seventh district. Their terms are for four years.

Habitat for Humanity of DeKalb County Dedicates New Home

A dedication ceremony was held Sunday afternoon by members of Habitat for Humanity of DeKalb County to commemorate the recent completion of the fifth partner family home at 202 Hayes Street in Smithville.
Tia Adcock and her children Caven Ponder and Caitlyn Adcock are expected to move into the home soon. “I appreciate everything everybody has done for me. It meant a chance to give my kids a home. It means more to me than I could ever tell you,” said Tia.
The dedication ceremony included a consecration of the home led by Dr. John Carpenter of the Smithville First United and Bright Hill United Methodist Churches.
Committee and Board members of Habitat for Humanity of DeKalb County gathered with the Adcock family and their friends for the dedication.
Larry Green, Local Habitat President thanked all suppliers, donors, and volunteers for their help in the construction of the home.
Habitat is accepting applications from those wishing to become the next partner family in DeKalb County.
Area residents are invited to get information about this program and to learn how to apply during a meeting on Thursday, September 25 at 6:00 p.m. at the Smithville First United Methodist Church Christian Fellowship Center, which is located across from Love-Cantrell Funeral Home. Applications must be postmarked by Tuesday, September 30.

Judge Says Foster Must Pay His Own Attorney Fees

UCDD will not be paying former County Mayor Mike Foster’s attorney fees.
During a brief hearing Friday morning in DeKalb County Circuit Court, Judge Amy Hollars found that UCDD could not legally reimburse Foster for his $61,675 in attorney fees, a cost he incurred following his indictment last September. Judge Hollars based her decision on a Tennessee Supreme Court ruling in an 1870’s case “Smith versus Nashville” in which the high court found that a governmental entity “could not appropriate money to defray the cost of an official who had been prosecuted for official misconduct, although he be acquitted.”
“I’m bound to follow what appears to me to be the controlling Tennessee precedent from the Tennessee Supreme Court in “Smith versus Nashville”. It would be this court’s ruling that the UCDD cannot reimburse these attorneys fees,” said Judge Hollars.
WJLE was the only media represented at the hearing.
Foster wanted the Upper Cumberland Development District to pay his legal expenses in a federal criminal case which was brought against him stemming from the “Living the Dream” investigation. The charge against Foster was dropped in February. UCDD declined to reimburse Foster and sought a Chancery Court ruling on whether it was legal to do so. On June 18, the UCDD filed a petition for declaratory judgment in Putnam County Chancery Court asking the court to “declare whether it would be legal or illegal for the UCDD to indemnify or reimburse Foster for the fees, costs, and expenses he claims, under Tennessee constitutional, statutory, or common law.”
Smithville attorney Hilton Conger, who represented Foster at the hearing Friday, argued that the Alabama Supreme Court, while concurring with the Tennessee Supreme Court ruling in “Smith versus Nashville” also stated in the case of “Birmingham versus Wilkinson” that “the same policy which demands the holding of public offices to strict account in matters of public trust, also demands their protection against groundless assaults upon their integrity in the discharge of public duty”.
“This case (Birmingham versus Wilkinson) says there are no hard and fast rules. It’s a case by case situation,” said Conger during Friday’s hearing. “I think that leaves the door open for this court (Judge Hollars) to follow our sister state (Alabama) in which they don’t depart from “Smith versus Nashville” but set out another scenario by which courts can order that (payment of attorney fees). There are situations where an entity or in this case the UCDD board has an interest in seeing that their (board) members are not wrongfully maligned,” said Conger.
In making her ruling, Judge Hollars also referred to a 1997 Wilson County case in which members of the school board , who were ousted and later reinstated, sought attorney’s fees for their defense from the Wilson County Board of Education and were denied by the Chancery Court as well as the Tennessee Court of Appeals. Citing the Tennessee Supreme Court decision in “Smith versus Nashville”, the appellate court wrote in the Wilson County case that “Despite our desire to overrule the Chancery Court, we were unable to find a legal or equitable ground upon which to base such a ruling. The history of the case reveals that appellants had done nothing wrong, but were forced to incur substantial attorneys fees nonetheless. Should the Tennessee Supreme Court take this issue up for consideration, we hope they are able to devise a just result.”
In 1879, the Tennessee Supreme Court decided the “Smith versus Nashville” case in which the state brought a bill, on the relation of a number of Nashville citizens, accusing the Mayor and Common Council of Nashville, the Mayor, and individual members of the City Council, and other city officials with gross misconduct and with having brought the corporation to the verge of bankruptcy. On June 5, 1869, the Mayor retained an attorney to aid the City Attorney in the defense of the case. The Mayor and the City Council ratified the Mayor’s action in September 1869. Thereafter, the attorney filed an action for his fees. The trial court concluded the municipal corporation had no interest in defending the bill and that neither the City Council nor the Mayor had the authority to bind the municipal corporation. Thus, the trial court entered a judgment against the attorney. The Tennessee Supreme Court affirmed the judgment and stated: Where a municipal corporation has no interest in the event of a suit, or in the question involved in the case, it would seem clear that it could not assume the defense of the suit, or appropriate its money for the payment of expenses incurred….Most clearly, the corporation could not appropriate money to defray the costs of an official who had been prosecuted for official misconduct, although he be acquitted.
“This is a very harsh ruling (Tennessee Supreme Court) but the rationale is that a municipal corporation does not have a direct interest in the suit and that the board or development district cannot appropriate its money for the payment of these expenses incurred,” said Judge Hollars.
“It’s especially disturbing in this case (UCDD) because the court has read transcripts, statements, and the indictment in which there is the barest mention of Mr. Foster. When elected county officials and city officials serve on boards like this and they are misled by unscrupulous people who are involved in the day to day running of the entity, the ruling seems all the more harsh. But I think I’m bound to follow what appears to me to be the controlling Tennessee precedent from the Tennessee Supreme Court in “Smith versus Nashville”. Therefore, it would be this court’s ruling that the UCDD cannot reimburse these attorney fees. It’s not a satisfying result but I think that’s what the law dictates,” Judge Hollars concluded.
Conger told WJLE after the hearing it’s too early to say if Foster will appeal Judge Hollars’ ruling.
UCDD was represented in this matter by Daniel H. Rader, IV of Cookeville.
The case, which was filed in Putnam County Chancery Court, was to have gone before Chancellor Ronald Thurman but he recused himself. Judge Hollars took the case and heard it in DeKalb County Friday because it was her day to have court here.

Governor Haslam Awards $24.2 Million in Highway Safety Grants

Tennessee Governor Bill Haslam, Tennessee Department of Transportation Commissioner John Schroer and Governor’s Highway Safety Office Director Kendell Poole have announced the Tennessee agencies that received grant awards totaling more than $24.2 million to support highway traffic safety efforts.
The Alexandria and Smithville Police Departments have each been approved for grants. Alexandria will receive a $5,000 High Visibility Enforcement grant for Police Traffic Service and Smithville is to get a $25,000 grant for Smithville Alcohol Enforcement.
The funds support the mission of GHSO to save lives and reduce injuries on Tennessee roadways through leadership, innovation, coordination and program support in partnership with numerous public and private organizations.
“Having safe roads is critical to our mission of making Tennessee a better place to live, work and raise a family,” Haslam said. “These grants will support the efforts of highway safety agencies and advocates to reduce the number of people killed and injured in traffic crashes in Tennessee each year.”
There are multiple elements that contribute to a safe roadway system. Some of those aspects are an accurate traffic safety data collection and analysis system, well-trained and well-equipped law enforcement personnel, and effective emergency medical and trauma systems. A major part of roadway safety is educating motorists about laws and good driving behaviors.
“These grants help fund a variety of enforcement, legal and educational initiatives across the state including speed enforcement, first responder equipment purchases, DUI prosecutors and child passenger safety training,” Schroer said. “These grants will make a difference in the effectiveness of our highway safety partners.”
The National Highway Traffic Safety Administration provides the funding to GHSO. The grants, totaling 449 for the 2014-2015 funding cycle, were awarded to 386 agencies that successfully applied for funding based on a defined problem and statistical need. Each year, GHSO accepts applications from agencies across the state for available highway safety funds. Applications are reviewed and scored by GHSO and external highway safety advocates. The agencies that meet the criteria for funding received awards.
“Our grantees are the backbone of GHSO,” Director Kendell Poole said. “It takes everyone working together to make a difference. We are dedicated to saving lives across Tennessee and pledge to work with grantees statewide to accomplish our mission.”
For more information about GHSO, visit www.tntrafficsafety.org.
For a complete list and description of each grant, visit http://www.tn.gov/tdot/news/2014/GHSO-FY2015GrantAwards.pdf