The City of Smithville and DeKalb Utility District are expected to share in the cost of conducting a study of the city’s water production operation as the two sides look toward possibly making a deal on a new water contract.
But even if the parties do reach an agreement, the DUD still intends on proceeding with the construction of its own water treatment plant.
City officials last week received a letter from Roger Turney, Chairman of the DUD board of directors addressing the city’s request for a face to face meeting on proposed contract discussions.
In the letter Turney wrote that the DUD is willing to share one-half of the cost of an independent entity to conduct the cost study but that no meaningful contract discussions can be held between the city and DUD until that study is performed since it would address the rate to be included in any such new contract for the purchase of water by the DUD.
During Monday night’s city council meeting, Alderman Tim Stribling said the city should proceed with plans for the cost study. “All of us got a letter from DUD. We need to get on with a cost study,” said Alderman Stribling.
“I got a price quote today on that,” said Secretary-Treasurer Hunter Hendrixson. “They said to budget up to $7500. DUD is going to pay half of that. I’ll confirm it but that’s what the letter says,” said Hendrixson.
“To sit down with them, we need to all find out what it cost to make our water,” added Alderman Stribling.
“I’ve already said from day one, since I’ve been in office, I’m open,” said Mayor Jimmy Poss. “I’m willing to sit down and talk to them. But this is the first response we’ve had back (from DUD). We’re ready to go ahead,” said the mayor.
“We’ve finally got somewhere in the last week or so,” added Hendrixson. ” They’ve given me a cost and we’re budgeted for it, especially for fifty percent of it. I just need to get them some information,’ he said.
In his letter to Mayor Poss, Turney wrote that “While I appreciate your interest in meeting in order to discuss a proposed contract between the City of Smithville and DeKalb Utility District for the purchase of water, as we have pointed out before there does not appear to be any significant information that could be discussed until such time that a cost study is done,” he wrote.
“As we have earlier stated, DUD is interested in entering into a long term water purchase agreement with the City of Smithville. We have earlier provided to you a rather standard agreement for your review and consideration and have heard no response as to whether the terms set forth therein are agreeable or not or of any proposed changes to the agreement. As we had earlier set out, DUD is willing to share one-half of the cost of an independent entity to conduct a cost study of the city’s water production operation but have received no input as to whether that offer is acceptable and if there is any action currently being taken to accomplish such a study. It would seem that there can be no meaningful discussion until such a study is performed since that would address the rate that would be included in any such contract for the purchase of water by DUD. We understand that cost studies are commonly recognized in this industry to establish an appropriate rate.”
“Please be advised that DUD still intends on proceeding with the construction of a water treatment plant but will no doubt still need to purchase water or have the ability to purchase water from the City of Smithville. Therefore, we await word on the progression of a cost study so that we can then meaningfully sit down and further discuss the completion of an agreement between the DUD and the city,” wrote Turney.
The City of Smithville currently sells water to the DeKalb Utility District for $2.05 per thousand gallons and under terms of the contract, the rate increases by five cents per thousand gallons in January of each year. The two parties entered into the contract in 2004 and it expires in 2014.

A sheriff’s department detective doing a New Year’s Day welfare check on a child arrested a man after finding meth lab components in the home.
39 year old Scott Lynn Sykes of Alexander Street, Smithville is charged with initiation of a process intended to manufacture methamphetamine. His bond is $60,000 and he will be in court on January 17.
Sheriff Patrick Ray said that on New Year’s Day a sheriff’s department drug detective came to Sykes’ home on Alexander Street to do a welfare check on a small child. Sykes gave the detective consent to search the residence. In Sykes’ bedroom, the detective found rubber tubing, a 20 ounce Pepsi bottle, acid, ice compresses (cold packs) that had been cut open, a plastic baggie with a white substance believed to be lye, and pliers and cutters. In the kitchen, the detective found a two liter bottle partially filled with lighter fluid, an empty quart Kingsford fluid container, and a sixteen ounce bottle partially filled with acid. These components are used to manufacture methamphetamine. Sykes admitted that these items belonged to him. He was arrested and brought to the jail for booking. The house was placed under quarantine.
35 year old Amy Jeanette Lawson of Haley Road, Smithville is charged with introduction of drugs into a penal institution. Her bond is $10,000 and she will be in court on January 10. Sheriff Ray said that on January 6, Lawson was booked into the jail. Later, correctional officers found her asleep and had difficulty waking her. After she awoke, the officers found her to be very unstable and unsteady on her feet. A search of her person revealed that she had two plastic baggies of pills in her bra. One bag contained several broken pills. The other bag contained two white pills, believed to be xanax which is a schedule IV drug.
23 year old Ross Matthew Peterson of Midway Road, Smithville is charged with theft of property over $1,000. His bond is $10,000 and he will be in court on February 28. Sheriff Ray said that on November 20 Peterson began using a home equity line of credit card belonging to a family member without consent. This card was used at Region’s ATM at Walmart on several different occasions through November 26. It was also used at several local businesses. The total amount used in this time period was $7,301.61. The case was investigated by a criminal detective of the sheriff’s department.
45 year old William Hardie Morris, Jr. of Old Snow Hill Road is charged with a second offense of driving under the influence. His bond is $5,000 and he will be in court on January 10. Sheriff Ray said that on New Year’s Eve Morris was behind the wheel of a vehicle sitting in a church parking lot on the Old Snow Hill Road. The engine was running. An officer spotted the vehicle and stopped to do a welfare check. Morris had a strong odor of an alcoholic beverage on his person and he was unsteady on his feet. He performed poorly on all field sobriety tasks. Morris submitted to a blood test. Morris was arrested and brought to the jail for booking. His prior DUI offense was October 15, 2009 in DeKalb County.
28 year old Allen Lee Russell, Jr. of Nashville is charged with driving on a suspended license. His bond is $2,500 and he will be in court January 17. Sheriff Ray said that on New Year’s Eve, Russell was operating a motor vehicle on Highway 56 and stopped for a light violation. He could not produce a license. A computer check revealed his license were suspended in Florida for failure to pay traffic fines. Russell was arrested and brought to the jail for booking.
34 year old Joel Thomas Hayes of Bobby Hayes Road, Dowelltown is charged with driving on a suspended license. His bond is $1,500 and he will be in court on January 31. Sheriff Ray said that on January 3 Hayes, who was operating a motor vehicle on the public square in Smithville, was stopped by an officer who had prior knowledge that Hayes’ license were suspended. A computer check confirmed his license were suspended. Hayes was arrested and brought to the jail for booking.
28 year old Michael Brandon Redmon of McMinnville Highway is charged with driving on a suspended license. His bond is $1,500 and his court date is set for January 9. Sheriff Ray said that on January 2 a deputy saw a truck attempting to turn in the right lane on Highway 70 west by the Snow Hill Mini-Storage. He stopped half way in the lane. The officer pulled up to check on the vehicle and noticed that the driver was Redmon. The officer and Redmon got the truck off the roadway. The deputy then asked for Redmon’s license and registration. A computer check revealed that Redmon’s license were suspended for failure to satisfy a citation on June 19, 2012 in Warren County. Redmon had been advised earlier that day by an officer on a previous call that his license were suspended and warned him not to be driving.
Two men, 51 year old Daryl Paul Grabowski and 25 year old Ronnie Lee Grimes III both of Sparta were each charged in a DUI case on January 6. Grabowski was charged with driving under the influence by allowance (for allowing Grimes to drive his vehicle while under the influence). Grabowski was further issued a citation for violation of the implied consent law. His bond is $2,500 and he will be in court on January 17. Sheriff Ray said that on January 6, Grabowski was owner and passenger of a vehicle on Highway 70, driven by Grimes. Grabowski had an odor of an alcoholic beverage on his person and he was unsteady on his feet. He submitted to but performed poorly on some field sobriety tasks but he refused to perform other field sobriety tasks due to health reasons. Grabowski said the reason he allowed Grimes to drive his vehicle was that Grimes wasn’t as drunk as him. Grabowski refused to submit to a blood test. He was arrested and brought to the jail for booking.
Grimes is charged with driving under the influence. He was further issued citations for violation of the implied consent law, failure to maintain his lane of travel, and violation of the open container law. His bond is $2,500 and he will be in court January 17. Sheriff Ray said that on January 6, Grimes was operating a motor vehicle on Highway 70 and stopped by an officer for failing to maintain his lane of travel. The passenger,Grabowski was the owner of the vehicle and charged with DUI by allowance. Grimes had an odor of an alcoholic beverage on his person and he was unsteady on his feet. The officer found a six pack of beer in the middle of the seat including an open container beside Grimes in the vehicle as well as an open container between Grabowski’s legs. Grimes told the officer that he had too much to drink to perform field sobriety tasks. He also refused to submit to a blood test. Grimes was arrested and brought to the jail for booking.
35 year old Brady Gordon Cunningham of Gassaway Road, Woodbury is charged with a fourth offense of driving under the influence and simple possession of a schedule IV drug. His bond is $5,000 and he will be in court on January 17. Sheriff Ray said that on January 6 a deputy was called to the Dollar General Store in Alexandria to check out a possible intoxicated person in a white pickup truck. Upon arrival, the officer saw a man passed out behind the wheel with the keys in the ignition. The man, Cunningham, had a strong odor of an alcoholic beverage on his person. He submitted to but performed poorly on field sobriety tasks. He was very unsteady on his feet. Cunningham submitted to a blood alcohol test. He was also found to have three white pills, which appeared to be xanax, in a blue container. His prior DUI offenses were on July 1, 2011 in Sumner County; April 1, 2011 in Cannon County; and January 21, 2012 in DeKalb County.

Does the mayor still have veto power over the action of the aldermen to pass an ordinance amendment allowing 24-7 beer sales and on-premises permits for eligible businesses?
Apparently not.
Josh Jones, a legal consultant for the Municipal Technical Advisory Service (MTAS) has issued a written opinion in response to a question put to him by city secretary-treasurer Hunter Hendrixson as to when an ordinance becomes effective and at what point the mayor’s veto authority lapses.
City officials have operated under the procedure that even after an action has been passed by the aldermen on second and final reading, except in the case of hiring, the mayor still has until the next or following meeting to veto that action of the board. But Jones writes that since this ordinance amendment, after passage on two readings by the aldermen, has already been signed by the mayor, it has the full effect of law and is no longer subject to a veto.
Essentially, Mayor Jimmy Poss had three options after passage of the ordinance amendment on second and final reading by a 3-2 vote on December 27. To veto the action, to sign it, or to let it become effective without his signature. Mayor Poss signed it. Therefore, he can no longer cast a veto on it.
According to Jones’ opinion “Despite its clumsy language, this provision (city charter) provides that the mayor has veto authority over the ordinance in question. However, this power is vested in the mayor as one in a bundle of options to be exercised upon the affirmative vote at ordinance’s second reading. Upon that vote, the mayor may: 1) exercise veto power; 2) approve via signature; or 3) take no action and allow the ordinance to become effective without his approval. It is implied that only one of these options can be exercised to a single ordinance. So, when the ordinance in question met the procedural requirements of two readings, the mayor’s signature, and return of the ordinance (evidenced by signature of recorder) the ordinance had the full effect of law and was no longer subject to veto. Once an ordinance is properly adopted it can only be amended or repealed by another ordinance,” wrote Jones.
According to Jones, “procedural requirements for ordinance enactment are commonly found in a city’s charter and Smithville is no exception. The Smithville Charter speaks to ordinance enactment in Section 8 which reads in relevant part:
[O]rdinances shall be submitted and passed on two separate readings at regular or specially called meetings of the Board, the second reading to be not less than one week and not more than two weeks from and after its first reading or introduction; and on each of said readings the ordinance or ordinances so submitted shall receive the affirmative vote of a majority of the Board and be signed by the Mayor before the same shall become effective;
This unambiguous language tells us that an ordinance becomes effective upon passage by affirmative vote of the governing body at two readings and the signature of the mayor.
The Smithville Charter grants veto authority to the mayor in Section 6 which reads in relevant part:
[The mayor] shall have veto power over any action of the Board, except as hereinafter provided, giving his reasons therefore in writing, with the exception of the hiring policy as set out in SECTION 5, Paragraph 2; but the Board may, by a two-thirds vote of the entire membership of said Board, pass the same over his veto; or if he fails to return the same on or before the next meeting of said Board, he shall be deemed to have approved the same and the same shall become a law without such approval; and each and every law, ordinance, resolution or vote, except on the question of adjournment, shall require the approval of the Mayor before it shall become effective, except as hereinbefore provided.
Opponents of the beer ordinance amendment, which was adopted on a 3-2 vote during a special meeting on December 27, were hoping that Mayor Poss would veto the action of the board. Four affirmative aldermen votes would then be required to override it.