The Smithville Aldermen are scheduled to vote on a proposed new ordinance Monday night governing access to public records. The vote was four to one for passage on first reading on August 6th.
Alderman Tonya Sullivan, Willie Thomas, Jerry Hutchins’, Sr., and Cecil Burger voted for it. Alderman Steve White voted against it, saying he had concerns with some passages of it.
If approved, the new ordinance will replace an existing ordinance, which poses some legal concerns.
Under the proposed new ordinance, ” all records maintained by the City of Smithville, that are not Federally or State protected are hereby declared open records.”
“Copies of open records that are requested during regular business hours are required to be provided to the requester. If the request is five pages or less, the copies will be free. However, copies will cost twenty five cents per page, starting with the sixth page and every page thereafter, unless otherwise excepted in this ordinance. If the request is of five pages or fewer and is readily available, the request will be fulfilled the same business day. If the request is more than five pages or not readily available, the request will be fulfilled within five business days. If the request is complex or of a personnel file then the request shall be fulfilled within ten business days. The fee for copies of items such as cd roms, computer disks, and audio/video cassettes, etc. will be charged at the rate paid by the city for such recording medium. However, if the requester provides the recording medium, there will be no additional charge from the city. All fees and charges for records shall be due and payable at the time such costs are incurred. City staff may require pre-payment of fees and charges for copies where the fees and charges would exceed twenty dollars.”
“Removal of original open records, including personnel records, from the offices of the city is strictly prohibited.”
“Copies of the City Charter, current City Code and Ordinances, and all Minutes of City Council meetings and Resolutions passed in the previous five years shall be readily available for review by the public. An area shall be designated for these items to be reviewed by the public.”
“If copies of personnel records of city employees are requested, the City Recorder, or other city staff authorized by the City Recorder, shall notify the employee, for whom the records are requested, which documents have been copied, and to whom they have been provided. The employee shall be notified that the information has been requested within 48 hours. No copies of a personnel file shall be turned over to a third party without being reviewed by the City Attorney.”
“Accident Reports provided by the Smithville Police Department shall be provided to anyone requesting the reports at a cost of four dollars per report. The city has determined that this is a reasonable charge, inasmuch as it is the same amount that is charged for such reports by the Tennessee Department of Safety (Tennessee Code Annotated) and other cities in Tennessee.”
“It shall be the policy of the City of Smithville to cooperate fully with any Tennessee resident requesting the right to inspect an/or receive copies of open records at a reasonable charge; however, the city staff is prohibited from undertaking research projects to place records requested in any other form than normally maintained by the city, unless the requester agrees to pay for changing the form.’
“Ordinance number 382 (existing ordinance) of the City of Smithville is hereby repealed in it’s entirety. Citizens that were charged fees under Ordinance Number 382 that are in excess of fees under (new ordinance) shall be entitled to a refund of those excess fees upon showing proof. This refund does not apply to prior requests of five pages and under.”
The ordinance will be considered for second and final reading passage following a public hearing August 20th at 7:00 p.m. at city hall.

The DeKalb County Sheriff’s Department, answering a complaint about a suspicious vehicle Thursday night, discovered a 39 year old man operating a meth lab.
Sheriff Patrick Ray says Alvin Sink, Jr of Fairview Road, Crossville was arrested and is charged with manufacturing a schedule II controlled substance (methamphetamine), possession of a schedule II controlled substance, and possession of a weapon with intent to go armed. His bond is set at $35,000 and he will be in General Sessions Court on the charges August 30th.
Officers also seized a Keltic 9 millimeter gun.
Sheriff Ray says officers found the meth lab after responding to a complaint of a suspicious vehicle parked at a residence at 175 Hickory Street, Smithville. He says one of the deputies noticed a handgun in the back of the vehicle and then he and another deputy heard what sounded like the noise of a running generator coming from behind the residence.
The officers walked around back and saw an outbuilding, opened up the door to the shed, and found Sink operating a meth lab. Sink was using the generator to provide electric power to the outbuilding.
Sheriff Ray says the officers executed a search warrant and discovered in the outbuilding muriatic acid, iodine, pseudoephedrine, components of a meth lab, and some finished product. Meth lab components were also found in Sink’s car.
According to Sheriff Ray, Sink did not reside at this Hickory Street address and the home appeared to be unoccupied. He says there was no electric service to the house. Upon a search of the home, officers found some meth lab components. Officers have been unable to locate the owner of the property.
Sheriff Ray says members of the Meth Task Force Response Unit of Chattanooga and Cookeville were notified and came to provide support and to help process the crime scene. The Hazmat Team was also there.
Meanwhile in a separate case, 29 year old Joel Hayes of Bobby Hayes Road, Smithville was pulled over on Evins Mill Road for a traffic violation Thursday.
Hayes was charged with driving under the influence, sale and delivery of a schedule II controlled substance (Hydrocodone), and possession of drug paraphernalia.
Sheriff Ray says officers found on Hayes a small container of pills believed to be Hydrocodone. Deputies also recovered at the scene a pill grinder and snorting straws.
Bond for Hayes is set at $7,500 and he will be in General Sessions Court on August 30th.
If you have concerns about suspicious activity in your neighborhood or have information that could help solve a crime, Sheriff Ray urges you to call the anonymous tip line at 464-6400. You do not have to give your name.

Rural Development Housing Program Director Don Harris joined Short Mountain Village General Partner and Developer Dale Lancaster Wednesday for the ribbon cutting ceremony to mark the official opening of a new 56 unit affordable rental housing development in Smithville. The ceremony was held at Short Mountain Village located at 310 Christine Street.
“The goal of the Rural Development housing loan guarantee program is to work with the private sector to ensure there is enough quality, affordable rental housing to meet the needs of families in rural areas,” said Harris. “By working together, this partnership has accomplished much more than any of us could accomplish alone to help improve the quality of life for families in DeKalb County.”
The Rural Development $2.43 million loan guarantee makes it possible for the developer to secure the necessary private-sector financing through Lewiston State Bank-Bonneville Mortgage Company. The loan funds will be used to convert short-term construction financing to a traditional long-term mortgage on the $6,585,398 multi-family development. The general partner of Mountain Village, LP is providing $460,034 in equity and THDA will provide $3,692,488 in tax credit equity to help make the venture commercially viable.
Short Mountain Village includes 56 three-bedroom, two bathroom detached rental homes with garages and an on-site community center at the heart of the development.
“Short Mountain Village is an exciting addition to our company and we have already achieved full occupancy with great residents much quicker than normal,” said Lancaster. “What a great feeling it is to add to the affordable housing inventory in such a beautiful area like Smithville, and to work with the great people at Rural Development and THDA is icing on the cake.”
The loan guarantee is funded through the new Rural Development multi-family housing (538) program, which helps public bodies and private lenders make loans to developers who build new or renovate existing apartments and other rental properties in rural areas. Guaranteed housing loans are made to serve rural areas with a population less than 25,000.
USDA Rural Development is committed to the future of rural communities in Tennessee by investing financial and technical assistance through housing, community and business development programs. In Fiscal Year 2006 Rural Development assisted more than 467,575 Tennessee families and businesses with more than $288 million in financial assistance through loans and grants.
For more information on business development, affordable housing or community facilities programs available in the DeKalb County area, contact the Rural Development Area Office in Cookeville at 931-528-6539 ext. 2, toll free at 800-342-3149 ext. 1493 or visit us online at www.rurdev.usda.gov/tn.

Criminal charges may be sought against former Smithville Police Lieutenant Richard Jennings.
Police Chief Tom Stufano, in a brief news release, says “Smithville Police Detectives met with the Middle Tennessee District Attorney’s Office Tuesday to file Theft and Official Misconduct charges in the upcoming December Grand Jury scheduled in December against former Smithville Police Officer Richard Jennings. Smithville Police have advised that the City has now turned the case over to the District Attorney’s Office and the US Alcohol, Tobacco, Firearms and Explosives for prosecution.”
Jennings was terminated from the Smithville Police Department last week for alleged violations of police department policies and procedures as well as possible violations of state and federal law. He is accused of removing weapons, inventory files, ammunition, and other items from the police department, some of which were allegedly found in his personal possession.
The attorney for Jennings, Adam Parrish of Lebanon, in a telephone conversation with WJLE last Friday afternoon, said ” We think the allegations against Mr. Jennings are preposterous. They are nothing more than an attempt to discredit and humiliate him, simply because Mr. Jennings is privy to information that is particularly damaging to Chief (Tom) Stufano and the department. It’s our belief he will be completely vindicated before the five man board.”
Jennings was placed on suspension with pay pending termination on Friday, August 3rd, following an internal police department investigation.
Last Thursday afternoon, the case against Jennings was presented to the city’s discipline hearing authority, which is made up of Mayor Taft Hendrixson, Police Commissioner Cecil Burger, and City Recorder Burnace Vandergriff. After hearing the evidence, the vote was 3 to 0 to terminate Jennings.
Jennings is appealing his termination to the entire board of Mayor and Aldermen, which has the final say on the issue. The hearing is set for Monday night during the city council meeting at 7:00 p.m. at city hall.

Expect a property tax cut when the county commission votes on the proposed new budget Monday night.
The county budget committee will recommend to the commission that the property tax rate be cut by 20 cents from $1.90 to $1.70 per $100 of assessed value.
The proposed tax rate breaks down as follows:
County General Fund- 62 cents (a cut of five cents from last year)
Solid Waste- 19 cents (an increase of one cent from last year)
Debt Service- 29 cents (the same as last year)
Highways- 3 cents (the same as last year)
General Purpose Schools- 57 cents (a cut of 16 cents from last year)
The total county budget comes to $32,717,412.
County Mayor Mike Foster says the proposed budget includes a pay raise of 25 cents per hour for county general employees and a $250 bonus for employees with five years of service. Employees with up to ten years of service would get an extra $50 bonus for each year of service from five to ten years.
Foster says the Assessor of Property, who has two employees, would get a third under the proposed new budget. “They (budget committee) have proposed putting one extra position in the tax assessor’s office. The thinking is that within a short time, there will be building safety codes and that they should be administered (with this new employee) out of that office.”
The Assessor, however, may also use the extra employee for other duties in the office.
According to Foster, “We are experiencing several builders coming in here that are not used to building on these steep lots. Since I’ve been in office, ten houses have either been built on the wrong lots or partially on the wrong lots. There’s got to be some safety devices in place to take care of the innocent home owners.”
“On these really steep lots, they (developers) need to have an engineer that they pay for who can come in and say ‘this is how you need to engineer this foundation so your house doesn’t slide off this hill’. We need to know where your lot lines are before you build your house and that your builder complies with codes. It’s a safety thing for the homeowner.”
In the Sheriff’s Department budget, Foster says the county plans to seek a grant to purchase surveillance cameras for the jail. “We’re trying to get a small grant, a Community Enhancement Grant, to put in surveillance cameras all through the jail to make it a safer place for everyone. It would involve about $25,000. We feel like this really needs to be done for the safety of the employees and to keep inmate to inmate violence down.”
Sheriff Ray says the commission has already approved the purchase of the cameras. If the grant is approved, it is expected to save the county some money.
Foster says the department also plans to purchase patrol cars to replace older vehicles. “Sheriff Ray bought four cars last year, including one new one and three used cars. The used cars , which came from Missouri had 40,000 to 50,000 miles on them and the county paid $10,000 to $11,000 dollars for them. This year the plan is to purchase about four more cars to replace older ones. There’s only probably about sixteen cars (in the department)”
In the County Fire Department, Foster says funds are included to provide shelter for a couple of tankers. “There’s a little bit of money in there to try and fix a place to store a couple of tankers that are now outside, so if we had a freeze (this winter) they would be in a closed up building.”
Meanwhile, Foster says he is proud of the new fire station in the Austin Bottom Community. “It is really nice. The people over there did a great job in helping us get that done. It’s also going to be a voting place and a very small community center. The building is 1,600 square feet. It will store two fire trucks and could keep an ambulance there overnight if needed. If there was a boating event, you might want to keep an ambulance there over night.”
On the landfill, Foster says money is being carried over from last year to develop a new cell site, once the state grants the permit for construction. “We still have that money in there that was appropriated in 2007 to do the new cell. We borrowed that money as by law we are required to do. Once you do your budget, you only have six months to borrow that money. So we borrowed it and put it in the bank and it’s actually making a little bit of money right now. We’re waiting for approval to expand a cell and that money will be used for it. We’re very close to running out of space. We have already talked to another county about, if we run out of space before the permit is issued, could be work out a deal with them to haul some of our garbage to that county. We’re trying to recycle cardboard, plastic, and paper on a small scale. We are recycling about 30,000 to 40,000 pounds of cardboard a month which is not going into the landfill, along with tires and burned oil. We ship about three truck loads of tires a month out of the county, which costs about $3,200 to $3,300 a month to do so.”
Foster says funds are also included in the solid waste budget to purchase a new garbage truck.
Meanwhile, Foster says a new location still has not yet been found to replace the garbage collection convenience site on Highway 56 south. ” We were leasing it from Ernie and Betsy Lynam. It was a very handy place and the people are missing it, but the state bought it and they gave us until August 1st to be off of it. We had to move the equipment to the landfill where we have stored it until we find a place to put it. We have about three places we’ve been looking at. All of them are impacted by the new road and we don’t know exactly how much of those lots are going to be left and how much access there is going to be to them. We are trying very hard to locate one (new convenience center site) because it is an inconvenience to the people.”
Foster says the new budget includes funds to purchase property next to the county jail, which could be used for parking at the jail and Justin Potter Library. If the county can’t come to terms with the owner, it could initiate imminent domain proceedings. “We have been looking at the building next to the jail (house and lot) for future and current needs. It sold before we could buy it and we’re trying to negotiate with the new owner to purchase it. We are interested in it partially for the security of the jail, parking for the jail, and parking for the library.”
The new budget breaks down as follows:
General Fund- $5,781,689
Courthouse & Jail Maintenance- $80,425
Local Purpose Fund- $1,962,776
Drug Control- $20,908
Highways- $2,060,868
General Purpose Schools- $17,172,300
School Cafeteria Fund- $1,154,200
Debt Service- $1,264,,216
General Capital Projects- $784,210
Solid Waste- $2,435,821 (Includes a six year note for up to $1,225,000 to build a new cell at the landfill- a carry over project from last year)
The county commission will vote on the new budget and set the property tax rate Monday night at 6:30 p.m. in the basement courtroom of the courthouse. A public hearing will be held at 6:00 p.m. WJLE plans LIVE coverage.

The county budget committee met Monday night and voted to recommend approval of the revised school budget to the DeKalb County Commission.
The new budget is expected to be adopted Monday night.
Members of the school board are concerned that the county commission plans on cutting the local property tax for schools by sixteen cents from 73 cents to 57 cents per $100 of assessed value, but County Mayor Mike Foster says the county is more than adequately funding schools with a combination of money from local property taxes and the local option sales tax fund.
Some claim they were under the impression that the entire sales tax increase, as approved by the voters in the May referendum, would immediately go directly to schools, in addition to the current property tax rate for schools, but Foster claims that was never the case. While the exact amount of the tax cut to schools wasn’t made specific before the sales tax referendum, Foster insists that it was explained to the public that property tax payers would be getting an overall 19 or 20 cent property tax break, with the passage of the sales tax referendum. “You will see that the school property tax rate (57 cents) is lower than the general fund (62 cents) and other parts of the budget. The reason for that is almost two million dollars is coming out of the sales tax fund and going to the schools. That was the intent. It was the design that the sales tax would take the place of part of the property tax rate for schools. We made that clear in the meetings and when it (referendum) was voted on and that’s exactly what has been done. That’s why you’ve seen a decrease of sixteen cents in the property tax rate for schools, but you’ve seen the sales tax (for schools) go up to almost two million dollars rather than $1.1 million. Even though there was a cut in the current property tax rate of sixteen cents, which actually cut $505,000 or thereabouts from the current property taxes for schools, there was an increase in the local purpose tax (sales tax) of $588,000 to schools, so there was a net increase of about $80,000 to the funds that they (schools) actually received. As far as actual dollars, the maintenance of effort was increased by $45,000 and according to the schools, it was increased by $36,063 but there was still an increase in the maintenance of effort, as there has been for many years.”
Under state law, county governments cannot fund schools at fewer local dollars than the previous year. That requirement is referred to as “maintenance of effort”.
Foster insists that local tax dollars earmarked for the school’s debt service should also be taken into consideration. “Debt service for the schools is $678, 747. A lot of that is for the Northside Elementary School, for the roof at Smithville Elementary School, and some other things. A total of $403,000 is coming from the local purpose tax fund (sales tax) and a little over $275,000 is coming from the (debt service) property tax which equates to eight cents more for schools. It’s not really counted toward schools because it’s in debt service, but no matter how you count it, the schools are still getting the eight more cents, plus the 57 cents, plus the local option sales tax. To put it in very simple terms, if you have a bucket of money over here and a bucket of money over there, and you have the school’s money in the middle bucket, it doesn’t matter which bucket the money comes out of, they (schools) are getting what their asking for and their actually getting $80,000 more. Property tax (for schools) was cut but the local purpose tax fund (sales tax money) was increased for schools. According to the whole equation, they (schools) are winding up getting $45,000 more and their numbers say $36,063 more.”
The DeKalb County Board of Education last Thursday night adopted a revised school budget for the 2007-2008 this fiscal year, making $113,274 in cuts from the previous proposed budget passed on June 26th.
The proposed cuts will be made in the categories of legal services- $15,000, liability insurance- $18,694, workman’s compensation insurance- $45,280, natural gas- $16,800, building and contents insurance- $10,000, diesel fuel- $5,000, and vehicle and equipment insurance- $2,500.
Funds for proposed pay raises for school system employees and new positions will not be cut.
The spending plan for schools is more than seventeen million dollars.

County Commission To Decide Future of Ambulance Service Monday Night
The DeKalb County Commission Monday night is expected to decide whether the ambulance service should be brought back under the county’s control.
County Mayor Mike Foster says two private companies, Pro Med and Trans Med were interested in contracting with the county and recently presented proposals for the Emergency Services Committee to consider. However, Foster says committee members felt more comfortable with the county running the ambulance service and will make that recommendation to the county commission Monday night. Trans Med wanted a $300,000 a year supplement and Pro Med asked for a $65,000 supplement to operate the ambulance service.
Sumner Regional, which has been operating the DeKalb Ambulance Service for a $163,000 supplement per year, will be giving up the operation this fall.
Foster says the proposed budget includes an expenditure of $1.2 million to operate the ambulance service this coming year with proposed revenues at between $800,000 and $900,000, should the commission vote for the county to assume control of the EMS service. The budget includes funds to pay a staff of nine paramedics, five EMT’s, a director, a secretary, and to buy a new ambulance, equipment and to pay for utilities and other costs. “We want to make sure that we have a good, solid ambulance service, that we charge very reasonable rates, and that we continue to have competent people. We want to try to keep as many of these people as want to work.”
The county commission will meet in special session Monday night at 6:30 p.m. in the basement of the courthouse to vote on the future of the ambulance service. A public hearing will be held at 6:00 p.m.. WJLE plans LIVE coverage.

Two people escaped serious injury in a traffic accident on the Old Blue Springs Road Tuesday.
Lieutenant Brian Lawson of the Tennessee Highway Patrol says 20 year old Johnathan Keith of New Home Road, Smithville was not injured but 42 year old Betty Lawson of 302 Big Woods Road, Smithville was taken by Warren County EMS to DeKalb Community Hospital with minor injuries. She was treated and released.
According to Lieutenant Lawson, Keith was driving north on the Old Blue Springs Road in a 1997 Olds and partially crossed into the southbound lane while negotiating a curve which caused the two vehicles to sideswipe.
Lawson’s vehicle, a 2001 Ford Explorer, overturned on it’s top in the middle of the road. Keith’s car came to rest in the northbound lane.
Members of the DeKalb County Sheriff’s Department and DeKalb County Volunteer Fire Department also came to the scene to assist.
Both drivers were wearing their seatbelts. There were no charges or citations.

The Governor’s Task Force on Marijuana Eradication and the DeKalb County Sheriff’s Department found and destroyed 453 marijuana plants Monday during a helicopter fly over in portions of DeKalb County.
Sheriff Patrick Ray says some of the marijuana was found off of Short Mountain Highway and in one area off Indian Creek that could only be reached by boat. Officers of the TWRA assisted at that location.
Sheriff Ray says some of the marijuana was found growing in patches and some was scattered.
If you have any information that could help authorities find more marijuana or solve other crimes, contact the Sheriff’s Department at 597-4935.
Meanwhile, another person has been picked up on sealed indictments returned by the Grand Jury last week.
Sheriff Ray says 29 year old David Allen Neisz, Jr. of Green Pasture Road, Alexandria is charged in sealed indictments with four counts of aggravated statutory rape and three counts of theft of property over $1,000 and two counts of burglary.
Bond for Neisz is set at $75,000 and he will be arraigned in Criminal Court on Monday, August 20th.

Three Charged in Trespassing, Vandalism, & Theft Case
Two juveniles got into more trouble than just playing hooky from school Monday.
They are facing charges of vandalism, burglary, and theft, while an adult, 40 year old Sandra Kay Thomason of Restview Avenue, Smithville is charged with criminal trespassing. Her bond is set at $3,500 and she will be in General Sessions Court August 30th.
Sheriff Patrick Ray says the two juveniles, instead of going to school Monday, allegedly stole a couple of bicycles on Restview, Avenue and rode them all the way to a home on Blue Springs Road, where they allegedly entered and stole a Rugar 9 millimeter handgun. The gun was later found hidden under the Bethel Church on Bethel Road.
After leaving the home on Blue Springs Road, the juveniles then went to a house on Bethel Road, where the owner is in the process of remodeling the dwelling to be sold. Finding no one there, the boys allegedly entered the house and broke out windows, lights and light fixtures, a commode, and knocked holes in the walls.
The boys called Thomason on a cell phone and she arrived later. While they were there, the prospective buyer of the home showed up. One of the juveniles immediately fled and the other one left after the man came into the house. The man briefly spoke to Thomason, and while he was on the phone contacting the owner of the property and later law enforcement, Thomason left the house.
Sheriff Ray says she was picked up by officers just down the road from the house.
The parents or guardians of the boys were contacted and later arrived with them at the jail.
Juvenile Court Judge Bratten Cook II has signed an order for the boys to be placed in Juvenile Detention in Putnam County, pending their court date.
Sheriff Ray says one of the boys has been under house arrest before for engaging in similar behavior.
The boys may also face charges by Smithville Police.