Greetings! Lots of laws coming through the chute this past week as we near the last two weeks of the 107th General Assembly. Tennessee is ranked by the U.S. Census Bureau as number two in the nation in Violent Crime and number five in the nation in men killing women! Ninety-eight House members supported stricter punishments for domestic violence with passage of HB2389. HB3517 clarifies and confirms that the unborn child is also a victim of an assaultive offense or a homicide. Life begins at conception; therefore, when a pregnant woman who lives in the fifth-ranking state of men killing women is assaulted, this bill brings respect both to the mother and the unborn child.
After amendments were made to help ease the burden of the fiscal note to our local government due to longer jail time, County Commissioners and the Sheriff’s Association all came to agreement. With per diem for local jails housing state prisoners being increased from $35 to $37 per day, the increase of $4 million more will be going to local government annually. Administration has allocated $750,000 to go through TBI to local governments to pay for meth clean-up. Previously, this expense has been covered by local governments; this bill will cost an average of $4,941 per county. Crime is costly–not only in dollars, but in the lives it takes, and the ones left scarred.
HB3671 passed the House Thursday as many members rose to comment, myself included, how stricter procedures and incentives for the unemployed are needed to keep “job seekers” honest, and employers from paying bad actors, who rely on the check in the mail (paid by small business owners) instead of pursuing a job.
From HB3175 making it a felony to create and sell bath salts, to leveling the playing field for all businesses in HB2372, to giving Tennessee teachers first choice in HB3760–it matters who governs, and I am proud to serve with my colleagues as we work tirelessly to make Tennessee a better place to live and raise a family.
The 38th Annual Tennessee Prayer Breakfast–WOW! Governor Bill Haslam interviewed Phil Vischer, creator of Veggie Tales, after Mr. Vischer shared his testimony.
Mr. Vischer’s comment of, “Hold on to God with white knuckles and let go of your five-year plan to fully trust in Him,” made a huge impact on me. That whole morning blessed many members and was a great way to start off our busy week. Thank you to the many folks who with Citizens’ Committee put this large event into motion. To God alone be the glory for the great things He has done!
Love seeing all the school children come to the Capitol this week, and seeing you on the plaza having lunch on these beautiful sunny spring days; that keeps me charged as well! Thank you, folks of the fortieth; it truly is an honor to serve you.

Students in grades 2-8 will be taking the Tennessee Comprehensive Assessment Program (TCAP) Achievement Test starting Thursday, April 26th.
Michelle Burklow, Supervisor of Instruction for Pre-K to 6th grade said TCAP testing is conducted each spring. The Achievement Test is a timed, multiple choice assessment that measures skills in Reading/ Language Arts, Mathematics, Science, and Social Studies. Student results are reported to parents, teachers, and administrators later in the year. “This year, we have added an additional test. The state of Tennessee is going to be paying for second grade tests so we have decided that we are going to test our second graders so when I speak of TCAP tests for this testing school year, I’m also referring to second grade. They will be joining us in that activity for the week,” said Burklow.
“TCAP achievement test is a multiple choice test that provides a measure of knowledge and application skills in core academic areas. The results of these tests will provide information about the student’s progress and it will give us a starting point at the beginning of next year as to where we need to focus our attention for that student and individualize learning for that child. The TCAP test is mandated for grades 3 through 8. Again, we’re going to test our second grade. We have a testing window of six days. We have four days that the state says we have to test and two for make up days. Beginning April 26, we will be testing Reading/Language Arts; April 27 is our Mathematics day; April 30 is Science; and May 1 is Social Studies so those are the four days that the state has set as the window for us. Each school has flexibility in setting the time that best suits their school schedule. So we’re asking parents to please make sure your children show up to school each morning on time. If you would like them to eat breakfast in the cafeteria, get them there just a little earlier because that seems to be a really busy week for eating breakfast in the schools. Try to work out as much as you can after school activities such as dentist appointments. Make sure you’re children are in school to test,” said Burklow.
Under state law, local school boards are required to develop a policy by which student scores on the achievement tests comprise a certain percentage of the student’s final grade for the spring semester in the subjects of Math, Reading/Language Arts, Science, and Social Studies. Last Thursday night, the board established 15% as the benchmark for students in grades 3 to 8. The 25% benchmark for End of Course tests at DCHS will remain the same, according to Burklow. “Something new this year is that the State of Tennessee is requiring each LEA (local system) to set a percentage of what the TCAP will count as part of the student’s test grade. Last week at the school board meeting, the board adopted to count the TCAP for grades 3 through 8, fifteen percent of their final grade. They’re going to send us a test score for each individual sub-test and that will count fifteen percent of the student’s final grade in grades 3 through 8. That does not change the high school. The high school, the End of Course testing is still going to be 25%. There is a difference between the two. State law set the 25% for the high school. Elementary has a little flexibility,” she said.
End of Course testing at the high school will begin May 1, according to Burklow. “We are going from TCAP tests right at the elementary schools into End of Course testing at the high school. We will begin May 1. Our last day for TCAP, will be our first day for End of Course and on May 1 we will be testing Algebra I; May 2, English X; May 3, Biology; and May 4 will be a makeup day for those three tests. The next week, starting May 8 we will be testing English IX and XI; May 9 will be Algebra II and US History; and May 10 will be the makeup tests for those four tests. Once again we’ll send these tests off, they will be scored. We get quick scores and these will count 25% of a student’s final grade for the high school,” she said.
Meanwhile proctors are still needed to assist teachers during the testing. “We are still looking for proctors. We are asking for proctors, just community volunteers that will be willing to go into a classroom and be an additional set of eyes for the classroom teacher while we are testing. This is just a security measure that the state is implementing. Every proctor has to be trained in test security and we’ve got that set up for different times. No matter what school you attend for the training, you can go to any school to proctor. Our last training for the TCAP for grades 3 to 8, we’re training this Thursday, April 19 at 9:00 a.m. We will probably set a few more, depending on how many proctors we get trained this week. If we need to train additional folks early next week, we will be doing that. The high school is April 25 for their training,” said Burklow.

DeKalb Middle and West Schools have become known for their exemplary 21st Century Learning Center programs and representatives of the Tennessee and U.S. Departments of Education, who have heard about them, paid a visit here Tuesday to see for themselves.
Director of Schools Mark Willoughby and local educators greeted Stephanie Kitchell and Lisa Shimmell, both of the U.S. Department of Education, and Kim Dabney of the State Department who made brief stops at both DeKalb Middle and DeKalb West School.
In 2008, DeKalb County was among several school systems across the state who received grant funds in the 21st Century Community Learning Center program. Each grantee was funded for three years with the opportunity for a two year extension if the program demonstrated adequate student progress. DeKalb County was granted a two year extension in 2011.
These programs seek to raise achievement of low-income students and students at underperforming schools through enrichment programs operated outside the school day.
Grantees can reinforce student achievement in a variety of ways such as character education, arts education, remedial help, academic enrichment, expanded library hours and technology instruction. Program effectiveness must be based on strong scientific research.
“The 21st Century Grant is where we are able to incorporate many of our day to day activities along with the extra activities into our after school program,” said Director of Schools Willoughby. “Dr. Carol Hendrix wrote this grant and she is the person who oversees it along with the site coordinators. We have a real good working relationship because we provide after school transportation. That’s one of the things that’s made this a real success, because we have so many children that would not be able to participate if we did not have the after school transportation. Our children are getting exposed to so many other things, such as the arts that they would not if we didn’t have these programs. So this 21st Century program is extremely important to the education of our children in DeKalb County Schools and in becoming a well rounded good citizen. I want to thank the people who make this happen locally, statewide, and nationally. Its been a big success in DeKalb County,” said Willoughby
(Pictured left to right: Kim Dabney, TN. Dept of Education; Mike Lewis, DeKalb Middle School Teacher and 21st Century Learning Center Site Coordinator, Stephanie Kitchell and Lisa Shimmell of the U.S. Dept of Education, and Director of Schools Mark Willoughby)

The partners in American Modus laid out their vision for Lakeside Resort in a power point presentation Wednesday during a UCHRA policy council meeting in Cookeville.
Ideas to make the resort more family oriented, presented by Jim Himelrick and Bob Pierce, include Disney style landscaping to give it a much more attractive look; adding more cabins and recreational amenities like lake inflatables, play areas, and a splash pool; and sprucing up the lodging facilities with new flat screen TV’s, carpeting, and other cosmetic upgrades.
Himelrick and Pierce are proposing to enter into a management contract with UCHRA for $5,000 per month for eight months as they work toward acquiring their own land lease on the property with the U.S. Army Corps of Engineers and assuming all UCHRA loan obligations on the resort by January 1st, 2013.
After hearing the proposal and discussing other issues with Himelrick and Pierce, the policy council authorized the UCHRA Lakeside Committee to negotiate a contract with them, subject to final approval by the full UCHRA board of directors. In the meantime, a service contract is to be executed by the UCHRA executive director and attorney, pending approval of a final contract, so Himelrick and Pierce can start up operations there. The policy council added that if for any reason American Modus cannot fulfill its contractual obligations, a clause should be included in the final agreement to allow UCHRA to terminate the deal.
In his presentation, Himelrick told the policy council that the objectives of American Modus are to negotiate the extension and renewal of the current Army Corps of Engineers land lease, assume all obligations of UCHRA on the existing loan from USDA, and develop a first class resort and recreational, educational area for the eighteen counties of the Upper Cumberland region.
On or before January 1st, 2013, American Modus proposes to close on the acquisition of the Army Corps of Engineers lease and the improvements located on the 139 acres that are the subject of the Corps lease. The purchase price for these assets will be the remaining principal balance of the two loans from the U.S. Department of Agriculture as of closing or December 31, 2012, whichever occurs earlier. Conditions that must be met prior to closing will include the approval of the Army Corps of Engineers and the U.S. Department of Agriculture. Until January 1, 2013, American Modus proposes to manage the project so as to maximize cash flow and provide for debt service on the U.S. Department of Agriculture loans on the project.
Himelrick said immediate cash flow must be achieved and until closing, American Modus proposes to manage the project. Once all the necessary structures have been put in place and closing has occurred, American Modus will proceed to develop the entire 139 acres of leased land in the most appropriate means as approved by the Corps of Engineers. “No plan has yet been developed because its not known what the community will embrace and what the Corps will allow us to do,” said Himelrick.
The 2012 objective is to restore the property to the 2010 level of cash flow, increase bookings through extensive marketing and high level of service, and carefully manage expenses and maintain the property at a high level.
The 2013 objectives are to make property improvements, upgrade landscaping, make unit interior improvements to lodging facilities such as adding flat screen TV’s, carpeting, and other cosmetic upgrades. Increase amenities and family activities, add lake inflatables and cabins, pool amenities, etc.
American Modus Partners, LLC,. is a Brentwood based company which was organized in 2010. Himelrick and Pierce were part of the Investors Equity Holdings group that put $1.5 million worth of improvements into Nashville Shores before its sale in 2011.

The newest addition to Arcadia Publishing’s popular Images of America series is DeKalb County from local authors Judy Fuson and Ria Baker. The book, now available in book stores, boasts more than 200 vintage images and memories of days gone by.
Both Fuson and Baker will be available for a book signing at F.Z. Webb and Sons Gifts downtown Smithville on Friday, April 20 from 1:00 p.m. until 4:00 p.m.

The book includes several photographs that have never before been published. The authors tried to include every community in the county in the book, and highlight families from all over. Many old houses are pictured, some that no longer stand and some that are more than 100 years old and still in use.
DeKalb County has a vast and interesting history spanning from Confederate general John Hunt Morgan’s raids on the North during the Civil War to the building of Center Hill Dam, which formed a beautiful lake that brings thousands of tourists to the county each year. The lake, encompassing 18,220 acres, displaced thousands of the earliest settlers’ descendants along the Caney Fork River.
The state legislature established DeKalb County from parts of surrounding counties in 1837. The county was named after Revolutionary War general Johann DeKalb, while the county seat of Smithville was named after state senator Samuel Granville Smith; neither man was from the county.
Authors Judy Fuson and Ria Baker are lifelong residents of DeKalb County, and many of their ancestors were early settlers of the county. Baker has been compiling historical photographs and information about her hometown of Alexandria for years, and she currently serves as the town’s mayor. Fuson taught in the county school system for 30 years, was yearbook advisor for 14 years, and is now retired.
The book is available at area bookstores, independent retailers, and online retailers, or through Arcadia Publishing at www.arcadiapublishing.com.
Arcadia Publishing is the leading publisher of local and regional history in the United States. The mission is to make history accessible and meaningful through the publication of books on the heritage of America’s people and places. Have we done a book on your town? Visit www.arcadiapublishing.com.

The Smithville Aldermen Monday night adopted a budget amendment ordinance on first reading appropriating the funding for the purchase of a ladder truck for the city fire department.
Two weeks ago, the aldermen voted 5-0 to seek bids for a new or demonstration ladder truck, but in an opinion by the Municipal Technical Advisory Service, the process should not begin to buy the truck until the funding is authorized.
During Monday night’s meeting, Mayor Taft Hendrixson presented an ordinance “amending this year’s budget by appropriating $750,000 in capital outlay funds for the Volunteer Fire Department for the purpose of advertising for an aerial ladder truck.” The ordinance was adopted on a four to nothing vote. Alderman Gayla Hendrix was absent.
Second and final reading will follow a public hearing during a special meeting on Tuesday, April 24 at 7:00 p.m. at city hall.
In making the motion to seek bids earlier this month, Alderman Shawn Jacobs said ” I make the following motion. That the city immediately advertise for bids for a new or demonstration ladder truck meeting the specifications enumerated by Chief Charlie Parker and that said ladder truck be paid for under a lease purchase plan or financial arrangement as determined by this board as the plan most beneficial to the city. Since the city has more than the anticipated cost of the ladder truck in its financial reserves, this should result in no tax increase,” said Alderman Jacobs.
Mayor Hendrixson said he saw no reason to pay interest under a lease purchase plan when the city has sufficient reserve funds to make the purchase. He pointed out though that an appropriation of $750,000 would take a big chunk out of the city’s capital reserve funds, about 20%.

The Smithville Aldermen Monday night voted to hire a Nashville public relations company, the Calvert Street Group, to better educate the public, from the city’s perspective, on the impact of a plan by the DeKalb Utility District to build its own water treatment plant.
During Monday night’s city council meeting, the mayor and aldermen were told by the city’s utility engineer, J.R. Wauford, that if the DUD builds its own water plant and stops purchasing water from the city, it could mean rate increases of ten to twenty five percent for Smithville customers and up to fifty percent rate hikes for customers of the DeKalb Utility District. (SEE NEXT STORY BELOW FOR MORE DETAILS)
Wauford and Mayor Taft Hendrixson proposed hiring the Calvert Street Group to get the city’s message out to the public. The cost to the city will be $5,000 per month on a month to month basis.
The Calvert Street Group specializes in managing corporate campaigns. The group navigates clients through the political processes where business, public relations, and public policy intersect. Whether it is grassroots advocacy, land-use and development, or non-partisan electoral campaigns, Calvert Street Group manages the politics designed to shape the outcome.
Darden Copeland of Calvert Street Group addressed the mayor and aldermen Monday night, saying that his firm will launch an aggressive grassroots public awareness campaign, a program that will educate the broader public within the DUD service area, and mobilize broad local opposition, . “Since 2003, I have worked personally in probably over forty small towns across Tennessee running political campaigns but also doing a fair amount of public education, land use, public relations, and education campaigns. We work in tandem with citizen groups in communities trying to educate them on whatever the policy issue may be. We’ve literally worked from Memphis up to Bristol and everywhere in between on such issues as charter schools, rock quarries, landfills, the fairgrounds and race track in Nashville, and convention center issues. We come in and meet with community members, try and understand the issues, educate the community on what is at stake here, and then organize a coalition of folks to take action. If everybody is happy with DUD’s proposal then we won’t get any traction. But I think once you educate the public, I think they will see how this really will affect not only Smithville but DeKalb County and the other counties and I think those folks will then try to take action to affect the outcome. We gather information and enable people to make their voices heard,” said Copeland.
In his written proposal, Copeland explains that in order to construct a winning campaign on this issue, Calvert Street Group recommends three major components for success:
1. Educate the Public- We will sound the alarm.
2. Mobilize Opponents-. We will build a coalition of opponents and engage them to carry the fight on our behalf.
3. Apply Pressure- Once we create our database of opponents and likely opponents, we will encourage their participation in upcoming meetings of the DUD and DeKalb County Commission meetings. We will also start a letter writing campaign to state and local officials who oversee the process.
In his proposal, Copeland recommends the following activities, in order of importance:
Newspaper and radio advertisements-Get the word out quickly
Media Relations- Get the evening news on Channels 2, 4, 5, & 17 to tell the story as well as the local media and reporters with the Tennessean
Coalition Building- Form a citizen group to broaden opposition
Direct Mail- to households within the utility districts
Home District Pressure-. Apply public pressure to DUD members
Website- publish all the facts and include an on-line petition drive
Database- build a database of known opponents, polls and letters of support.
Phone ID Program- A LIVE identification call to all DUD service area residents to identify opponents, ask them for their email address, and give them instructions on how to get involved, as well as ask them to attend public hearings and voice their support in various ways.
Letter Campaign- Encourage persons to write letters to DUD members, and others
The Calvert Street Group’s proposal is for work to be done on behalf of the city from the start of the engagement through withdrawal of the plan for the DUD Treatment Plant project, or until acknowledgement that the project will not succeed. The group will serve on a month-to-month basis until the project is deemed “dead” or until either party terminates the relationship.

The DeKalb Utility District is proceeding with plans to build its own water treatment plant off Holmes Creek Road in the Yolanda Hills Drive area and Smithville Mayor Taft Hendrixson and members of the city council are not happy about it.
In order to try and stop it, the aldermen Monday night voted to hire the Calvert Street Group of Nashville, a public relations firm, to launch a campaign to let the public know that, according to city officials, water rates for both Smithville and DeKalb Utility District customers will increase dramatically if this proposed water treatment plant is built and the DUD stops purchasing water from the City of Smithville.
If the DUD goes through with it’s plans, the City of Smithville stands to eventually lose it’s largest water customer and over a half million dollars in sales each year.
J.R. Wauford, the city’s utility engineer since 1962, who spoke during Monday night’s meeting, said a DUD water plant is unnecessary since the city’s newly renovated water treatment plant has more than the capacity to meet current and future needs of the City of Smithville and the DeKalb Utility District. “You(Smithville) have a four million gallon a day water treatment plant. You’re producing about 1.8 million gallons per day. About 700,000 to 800,000 gallons is going to the DeKalb Utility District. Your contract with DUD now gives them the right to buy two million gallons a day which is well within your capability of doing so. They’re (DUD) proposing to build a three million gallon a day treatment plant at Holmes Creek,” said Wauford.
“About ten years ago, we (Wauford Engineers) were asked to assist in negotiating with the DeKalb Utility District a water contract which we did. Last October, Mr. Hendrixson advised me that the DUD was planning on building a water treatment plant and asked me to look into the matter and see what their proposal was and give him an assessment of what it would mean to Smithville. Pursuant to a Freedom of Information request I examined the files of Rural Development in Cookeville and determined from their files that the DUD was indeed proposing to build a water treatment plant by presumably using their own water and stop buying it from Smithville. Their proposal was similar to the one they made ten years ago. The reason the one ten years ago didn’t fly was when they took bids on it, they ran some two or three million dollars over their estimate and they weren’t going to fund it. So they negotiated a contract with Smithville,” said Wauford.
“This proposal proposes to increase the water rates to their (DUD) customers by fifty percent. If they disconnect from your system, my preliminary assessment is that your (Smithville) customers will have to absorb a ten, fifteen, twenty percent increase. Somewhere in the range of ten to twenty percent. Ten percent being the lowest. You (Smithville) are selling water to DUD at what is a reasonable rate, less than other utilities around you, namely Sparta, Lebanon, Cookeville, and Livingston. So it seems to me that it’s a matter of whether or not you want to advise the people of DeKalb County of what is going on and how much their water rates are likely to increase,’ said Wauford.
“They (DUD) are projecting that this fifty percent increase goes along with a three percent compounded growth rate. When I say a three percent compounded growth rate, I mean for forty years. I mean 1.03 times 1.03 forty times which means that their customer count will be 3.26 times what it is now. DeKalb County, which is their main service area grew three tenths of one percent the last ten years. They (DUD) serve most of DeKalb County except for Smithville and Alexandria. They also serve a good bit of Cannon County. They serve a little sliver of Smith County and a small sliver of Wilson County. If you assume a growth rate of two percent, that would be 2.20. So you can see that this three percent growth rate is higher than anybody around including Murfreesboro, Franklin, and places like that. It appears to me that their customers are more than likely are going to see some terrific rate increases over a period of time,” said Wauford.
“Smithville has just modernized their water plant and put in standby generators at both the water plant and the raw water intake. You have modernized the equipment in the plant. It needed to be done whether you continue to have DeKalb Utility District as a customer or not,” he said.
“Mayor Hendrixson and I met with Bobby Goode, the state director of Rural Development and were not treated really courteously. We objected to what he was proposing to do. What the Rural Development is proposing to do is to give them (DUD) a million dollars, loan them five million dollars, and then they propose to borrow through the Tennessee Utility District Association to fund the other five million dollars. Our opinion is in estimating this project at $10.5 million, that they (DUD) have underestimated again which would be in keeping with the previous estimates of the same engineers ten years ago. Our experience in raw water intakes is quite extensive. We have done sixteen raw water intakes, three on the Caney Fork River so we believe our estimates are pretty good, but they are arguable. But what is not arguable is the fact that they (DUD) are going to raise their water rates fifty percent based on a three percent growth rate and that’s going to adversely affect your (Smithville) revenue stream,” said Wauford.
“Mayor Hendrixson and I talked about it and he asked me to locate a professional (Calvert Street Group of Nashville) to perhaps lead a program to inform the public,” said Wauford
After Waufords’ remarks, Mayor Hendrixson said if DUD proceeds with its plan it could also mean layoff of city water department employees.”If they do this, we will have to lay off one or two at the water plant because we definitely will not make half the water we’re making and we won’t need all those folks. We’ve spent three million dollars(water plant renovation) and that means depreciation is going up starting this year so expenses will be more and there are fixed costs, depreciation, and insurance that you can’t do anything about whether you sell two gallons or two million gallons a day,” said Mayor Hendrixson.
In 2004, officials of the DeKalb Utility District entered into a ten year agreement with the City of Smithville to purchase water at $1.60 per thousand gallons with a five cent escalator increase per thousand gallons each year of the ten year contract. The DUD currently pays $2.00 per thousand gallons. The contract is scheduled to expire in 2014. By law, the city must sell the DUD water at no less than cost. According to this year’s budget, actual sales to “other districts” (DUD) for the year ending June 30th, 2010 was $539,455.
In order to build this proposed $10.5 million water plant, the DUD needs financial assistance and is seeking help through USDA Rural Development’s loan/grant program. The plan is to construct a three million gallon a day plant, intake, and transmission lines. In an effort to derail DUD’s funding for this project, Mayor Hendrixson recently sent letters in opposition to Bobby M. Goode, State Director of the USDA Rural Development and Justin P. Wilson, Comptroller of the Treasury.
In the letter sent last month to Bobby M. Goode, State Director of USDA Rural Development, Mayor Hendrixson wrote, “we respectfully request that your agency NOT participate in the funding of this project for the following reasons:
1. Smithville has adequate high quality water to meet the foreseeable needs of DUD. We currently pump 1.7 to 2.0 million gallons per day (MGD) of which we sell 0.7 to 0.8 MGD to DUD. We have offered to make 2.0 MGD available to DUD on a 10 or 20 year contract. Our water rates to DUD are reasonable, currently at $2.00 per thousand gallons.
2. Most important is the financial effect on DUD’s customers, who will see their water rates increase 50% or more, and on our customers, whose rates will also have to be increased due to the loss of this big customer.
3. DUD’s projected growth rate is 3% annually for 40 years. This would amount to their customers more than tripling (3 percent compounded for 40 years is 3.26). This is unreasonable when one considers that the population increased only 0.3% for the past ten years (0.3 percent compounded for 40 years is 1.13). If this growth rate proves too optimistic, it appears DUD’s rates could easily triple.
The more prudent action for DUD appears to be to negotiate a new 10 year contract with Smithville, allowing DUD to sell water to Alexandria or Watertown and expand their service within a 2.0 million gallon a day allocation (60 million gallons per month). State regulation requires planning begin for expansion when a water plant is at 80% of capacity; therefore, we have 3.2 MGD available, and DUD would have 2.4 MGD available with their 3.0 MGD plant. If we continue to furnish water, NOBODY would be required to pay a higher water rate due to construction of an unneeded water treatment plant.
For these reasons, we respectfully request that your agency reject this application. I am sure there are plenty of needed projects where these funds can be put to better use”.
In a letter sent last month to State Comptroller Wilson, Mayor Hendrixson wrote, “I am appealing to you to prevent an unneeded project which will immediately raise the water rates for the customers of the DeKalb Utility District by 50% according to their calculations, and raise the water rates for the customers of the City of Smithville by 15 to 25%. The Utility District’s customer rates will be raised considerably more than 50% when the projected 3% exponential growth rate for the District fails to materialize”.
“The short story is that Smithville sells DUD all of its water, which amounts to about 24 million gallons per month. This represents about half of the water which we produce. DUD has an allocation of 60 million gallons per month from us and we are willing to renew our contract which expires in 2014. Our position is that this project is not needed and is not financially feasiable due to the unreasonable assumed growth rate”.
“I am writing to you because I understand a private bond sale through TAUD/Wiley Brothers is under consideration for either all or part of this $11 million project, and I understand that you have authority to approve or disapprove this bond issue.”
“I respectfully request your careful consideration of this matter”.
Mayor Hendrixson also sent a letter last month to Roger Turney, Chairman of the DeKalb Utility District, which states” As you may recall, I wrote to you last October about negotiating a new contract or an extension of our existing contract with DeKalb Utility District. We have determined that you propose to build a 3.0 million gallon a day water treatment plant. According to state regulation, you can load your proposed plant up to 2.4 million gallons per day (80% of rated capacity) before TDEC will require that you commence plans to expand. Our renovated water treatment plant has a capacity of 4.0 million gallons per day. We have installed standby generators at both our raw water intake on the main channel of Center Hill Lake and at our treatment plant; thereby, as nearly as possible, assuring power and reliability.
“I am advised that your engineers have projected your water system to grow 3% per year. Under that assumption, DeKalb County would more than triple in 40 years. I hope they are correct; however, past history and the coverage you have of your potential service area cast doubts upon that projection. If it does not occur, the 50% increase in water rates proposed by your engineers will prove inadequate.
We can furnish DUD up to 2.0 million gallons per day for 20 years. We are willing and indeed anxious to negotiate a water purchase contract for the next 10 or 20 years, and believe it is in the best interest of both your ratepayers and those of the City of Smithville. We will be glad to continue to share the Best Tasting Water in the Upper Cumberland as judged by TAUD”.
The proposed DUD project consists of the construction of a new water treatment plant on approximately 30 acres of land, which the DUD owns, near Holmes Creek Road. The project also consists of a raw water intake near the location of the former Holmes Creek Marina on Center Hill Lake, three new pump stations, and necessary transmission lines to accommodate water distribution throughout the DeKalb Utility District’s service area.”
Jon Foutch, DUD manager, told WJLE last May that the DeKalb Utility District is growing, adding more customers, and the utility wants its own water treatment plant in order to better control its future water supply expansion issues. Currently, the DUD purchases almost all of its water supply from the City of Smithville except for the Silver Point Community of DeKalb County. DUD buys water to serve that area from the City of Baxter.
According to Foutch, another plant would increase the area’s water capacity which could be used as a selling point for possible industrial expansion and recruitment. Plus, he said the city and DUD could work together in times of crisis. “If something were to happen to the Smithville treatment plant or DUD’s plant we could lean on each other. All we would have to do is turn on a few valves since we’re already connected to each other. We could support each other,” said Foutch.
The DUD already has settled with the U.S. Army Corps of Engineers on a storage volume fee arrangement to draw up to two million gallons a day, once the plant is completed and in operation, according to Foutch. And should the DUD be unsuccessful in it’s efforts to secure USDA Rural Development Loan/Grant funds, the utility is prepared to proceed with the plans through other funding sources. “We have had an outside firm come in and look at our books and they have said this is feasible for us. So even if we don’t get the grant money, we can proceed with financing through another avenue,” said Foutch.
DUD officials are hoping that the plant would be completed and ready for operation by 2014.
This is not the first time the DUD has seriously considered building its own water treatment plant. In January, 1999 the DUD was awarded a $1 million Rural Development Grant and a $2,380,000 loan. In addition to the money for the water plant, another $500,000 was made available to the project from a Community Development Block Grant for an elevated water storage tank which now stands at the top of Snow Hill. The tank was built to solve the problem of water pressure in some areas.
However when it came time to build the water plant, the DUD apparently discovered that the costs were much more than the available grant/loan funds. While DUD had sufficient local reserves to make up the difference and assurances from Rural Development for extra financial help if needed, the DUD decided instead to enter into negotiations with the City of Smithville for a new water rate. Some of the loan/grant funds were later used to make other improvements to the existing infrastructure.

A restaurant liquor by the drink referendum will be on the Smithville city election ballot June 19.
Dennis Stanley, Administrator of Elections, told WJLE Monday afternoon that Randy Paris has turned in over 100 valid signatures on petitions to the election commission office, more than the 90 signatures needed to get the referendum on the ballot.
The petition, as WJLE first reported on Thursday April 5, seeks to “authorize the sale of alcoholic beverages for consumption on the premises in the City of Smithville.
Under the law, such a petition must be presented to the election commission office no later than 45 days before the Smithville Municipal Election.
Should the referendum be approved, eligible restaurants in the city of Smithville could apply to the Tennessee Alcoholic Beverage Commission for an on premises license to sell liquor by the drink, but it would still be up to the Smithville Beer Board whether or not to grant a permit for those same businesses to sell beer, according to Keith Bell, assistant director of the Tennessee Alcoholic Beverage Commission, in an interview with WJLE.
“If Smithville passes liquor by the drink, if a restaurant is properly permitted to sell liquor by the drink, then they would be “authorized”, and I emphasize the word “authorized”. They would be authorized by the Tennessee Code to also sell beer, but they would have to be permitted through the appropriate jurisdiction, which in this case would be the Smithville Beer Board. Let me repeat this so its completely understood. If Smithville passes. If Smithville authorizes to conduct a referendum, pursuant to Tennessee Code 57-4-103 and your voters pass the referendum to allow liquor by the drink in their restaurants and then a restaurant applies for a license to sell liquor by the drink with the Tennessee Alcoholic Beverage Commission, essentially if they’re licensed or permitted to sell liquor or wine for on premises consumption, pursuant to Chapter 4 of Title 57, they’re also allowed to sell beer at the establishment if they are properly authorized to sell liquor or wine, provided that the establishment lawfully obtains a beer permit from the Smithville Beer Board,” said Bell
However, under the current City of Smithville Beer Ordinance, the sale of beer for consumption on the premises is prohibited. The ordinance states that “It shall be unlawful for any beer permit holder to allow the consumption on his premises of any beer whether sold from his premises or elsewhere; or to serve, sell, or allow the consumption on his or her premises of any alcoholic beverage with an alcohol content of more than five percent by weight.”
If restaurants in the city were licensed to sell liquor by the drink, they would have to abide by the designated serving hours, but could sell on Sunday, according to Bell. “No licensee shall permit alcoholic or malt beverages to be consumed on the licensed premises between the hours of 3:00 a.m. and 8:00 a.m. on Monday through Saturday or between the hours of 3:00 a.m. and 10:00 a.m. on Sunday, unless the local jurisdiction has opted out of the expanded hours. If such is the case, then the consumption and or sale of alcoholic beverages may begin at 12:00 noon on Sunday,” said Bell.

A Smithville man has been charged in a recent burglary and theft investigation by the Sheriff’s Department.
31 year old Jason Allen Moseley of Jennings Lane, Smithville is charged with theft of property over $1,000 and burglary. He was arrested on Wednesday, April 11. Moseley’s bond is $23,000 and he will be in court on April 26
Sheriff Patrick Ray reports that on Wednesday, March 28, Moseley broke into a shed on New Bildad Road and took a riding mower, a weedeater, a leaf blower, a power washer, two propane fish fryers, two propane tanks, a black plastic tool box, and a battery charger. The total value is $3,047.
Meanwhile, 29 year old Brandon Ross Bogle of Kendra Drive, Smithville is charged with three counts of violation of probation and one count of driving on a revoked license. He was arrested on Tuesday, April 10. Bogle’s total bond is $2,250 and he will be in court April 19.
Sheriff Ray reports that on April 10, a DeKalb County Sheriff’s Department drug detective observed Bogle operating a motor vehicle on Short Mountain Highway. Having prior knowledge his license were revoked, the detective stopped the vehicle. Bogle gave the detective his identification. A computer check through central dispatch found that Bogle’s license were revoked for driving under the influence on July 14, 2011 in Wilson County.
36 year old Lonnie Lynn Wheeler of Lincoln Street, Smithville was arrested on Wednesday, April 11 for leaving the scene of an accident. His bond is $1,500 and he will be in court May 3.
Sheriff Ray reports that on April 11 Wheeler was driving a red Toyota pickup truck on the Sparta Highway when he crashed into a driveway causing property damage. Wheeler’s truck was found at the intersection of Brent Taylor Road and Sparta Highway. A passenger of the truck told the investigating officer that Wheeler was the driver and that he had fled the scene. Later that night, 911 received a call from Wheeler stating that he was lost in the woods in the area of Midway Road. The Rescue Squad and TWRA were called out to help locate Wheeler and he was later found in the woods.