Two candidates will be in the race for mayor and four candidates will be seeking one of two alderman seats in the Smithville Municipal Election June 17th.
Incumbent Smithville Mayor Taft Hendrixson will be challenged for re-election by Faye Driver Fuqua
The candidates for aldermen include Incumbents Stephen White and Cecil Burger and challengers Danny Washer and Alford Webber.
The qualifying deadline was noon Thursday, March 20th
In other election news, four candidates have qualified to run for Alderman in the Liberty City Election on August 7th.
Three Aldermen will be elected in Liberty. Those positions are currently held by Jerry Johnson, Paul Neal, and Dwight Mathis. Johnson, Mathis, and Neal have qualified to seek another term. Todd Dodd will also be in the race.
The Dowelltown City Election will also be held on August 7th to elect a mayor and two aldermen.
The positions in Dowelltown are currently held by Mayor Gerald Bailiff and Aldermen Joe Bogle and Jr. Bratten.
The first candidate to qualify for alderman is Elizabeth A. Redmon of Dowelltown.
The qualifying deadline for both the Dowelltown and Liberty elections is 12 noon on April 17th and the last day to register to vote is July 8th.
Two school board members will be elected on August 7th.
The positions are currently held by W.J. (Dub) Evins III in the fifth district and Linda Fuston in the sixth district.
Evins and Fuston have not yet qualified but intend to be a candidates for re-election.
The qualifying deadline to run for those positions is noon on Thursday, April 3rd.
April 3rd at noon is also the qualifying deadline for candidates for State Representative. The Democratic and Republican Primaries for the office will be August 7th and the General Election is in November.
Democratic candidates who have qualified with the DeKalb County Election Commission for State Representative include Jeff Barrett, Gayla C. Hendrix, and Cleveland Derrick Bain of DeKalb County, and Dean Sircy and Carl (Hix) Jones both of Westmoreland.
Nicky Rittenberry of Lafayette and Terri Lynn Weaver of Lancaster have qualified to run in the Republican Primary for State Representative.
Meanwhile Ray Amalfitano of Dixon Springs will be an Independent candidate for State Representative in the November 4th General Electon.
DeKalb, Smith, and Macon Counties make up the 40th legislative district.
Incumbent Democratic State Representative Frank Buck is not seeking re-election.

Travis Woodward and Katie Herman received the Allen D. Hooper Memorial Most Valuable Player Awards during the annual DeKalb County High School Basketball banquet held Tuesday night at the Smithville First United Methodist Church Christian Fellowship Center..
The MVP trophies were presented by Chad Kirby of Love-Cantrell Funeral Home. The awards are named in memory of Kirby’s grandfather.
Kirby also presented the Allen D. Hooper Memorial Most Valuable Cheerleader Award to Amber Evans.
Tiger Coach Lynus Martin presented the individual awards to members of his team. This year’s winners are:
Best 6th Man- Hunter Stewart
Most Improved Player- J.J. Herriott
Best Practice Player and Smartest Player- John Malone
Hustle Award- Hunter Poteete
MVP, Best Athlete, Best Passer, Best Defender and Best Ball Handler- Travis Woodward
Best Offensive Player and Best Foul Shooter-Payne Denman.
Best Attitude-Dustin Jennings
Best Rebounder- Zach Rowland
The individual Lady Tiger Awards were presented by Assistant Coach Amy Tobitt. This year’s winners are:
Best Practice Player- Kristina Stephens
Most Aggressive and Best Defender- Morgan Page
Most Improved Player- Victoria Bennett
Best Teammate- Lauren Hansard
Best Offensive Player- Cynthia Woodward
MVP-Katie Herman
Cheerleader Coach Walteen Parker presented the individual cheerleading awards. This year’s winners are:
Most Improved- Kendra Foutch
Captain Award-Amber Evans and Lacey Parchman
Tiger Spirit-Lacey Parchman
MVP- Amber Evans
Dance-Alison Curtis
Jump- Jessica Cook
Gymnastics- Jessica Cook
One year cheerleading awards went to Elicia Cantrell and Camry White. Two year awards were presented to Caroline Carter, Kendra Foutch, and Amanda Ours. Three year awards went to Rosemary Apple, Jessica Cook, Alison Curtis, and Mindy Mofield. Four Year Awards were presented to Amber Evans and Lacey Parchman

Smithville Municipal Judge Hilton Conger, following a lengthy hearing Tuesday, dismissed a citation against Seth Billingsley alleging that he was in violation of city property maintenance regulations and creating a nuisance for neighbors in the community by having horses on his property.
Seth and his wife Janohn Billingsley reside at 857 Anthony Avenue and the horses are kept in an adjoining pasture between Anthony and Luttrell Avenue on Waycross Way.
Had Billingsley been found in violation, Judge Conger may have only imposed a $50 fine. He apparently had no authority to force Billingsley to remove the horses from the property as City Attorney Vester Parsley, Jr. pointed out during his closing statement before the judge’s ruling.
“I really don’t think the city has the authority or the court to ask that the Billingsley’s move their horses. I don’t think that is provided for in the ordinance. It does provide for a fine and that’s all. It can be a violation for each time but we’re only asking about this one violation and not for each day or each occasion that it occurred.”
Billingsley was cited into city court by the police department. Chief Richard Jennings says he surveyed the property on Friday, November 23rd and found probable cause to issue the citation after smelling the odor of horse manure coming from the property. Lieutenant Steven Leffew was with Chief Jennings at the time of the investigation and also smelled the odor but said he did not find it noxious or offensive.
Five of the closest neighbors to the horse pasture were among those who testified Tuesday for the city claiming that they could smell the odors from their homes.
Thomas Smith, who resides at 857 Luttrell Avenue, said that last summer he experienced a problem with flies and the smell of horse manure which made it hard for him to cook out.
Russell Watson, of 847 Anthony Avenue, testified that he could not detect the scent from his home but that he did smell the odor on the lots he owns next to his home, where he grows a garden and Irises each year.
Jean Hayes, of 849 Luttrell Avenue, said the odor has been bad at times. “I don’t set on my front porch as much in the summer time. The flies are worse and I can’t cook out sometimes because of the smell.” She said blowing winds and the drought last summer seemed to intensify the odor problem..
Brenda Foster, of 570 Miller Road, also complained about the odors and flies, which she testified were very offensive to her. Foster said her husband, Walter Foster, who died last week, had also been concerned about this problem and tried for the past two or three years to get something done about it. Foster added that she often visits and helps take care of Mary Turner, who lives across the street from her, and she can smell the scent there too.
Carolyn Thomas, of 854 Luttrell Avenue, testified that she and her husband Willie Thomas can’t cook out or entertain company outside because of the smell and the flies. She said it was worse in the summer time and when the wind was blowing. Thomas testified that this has been a problem ever since the horses have been there and that there is no way to avoid the smell.
However, Janohn Billingsley, during her testimony, produced a photograph she had taken, showing the Thomas’ at an outside gathering at the their home with some people in December 2007, on a day when the weather was nice. Billingsley said the Thomas’ were outside for at least an hour.
Others who testified for the city were Wendy Bain and Thomas Vaughn. Bain, daughter of Willie and Carolyn Thomas said she visits her parents daily and has noticed the odors and flies, which she finds offensive. She added that the smell seems to be worse during the heat of the day.
Vaughn, who lives at 801 Luttrell Avenue, said he has been walking regularly for the past couple of years since having heart surgery in 2005 and smells the horse manure each time he walks by the property.
Several neighbors were also called to testify for the defense including Wallace and Carolyn Caldwell of 866 Anthony Avenue, Jesse and Patsy Drury of 862 Anthony Avenue, W.J. Page of 826 Anthony Avenue, Dwayne Page of 841 Luttrell Avenue, Frankie Caldwell of 920 Earl Avenue, Efrain Rivera of 846 Anthony Avenue, Bill Phillips of 842 Luttrell Avenue, Jill Watson of 847 Anthony Avenue, Tina Rowland of 839 Anthony Avenue, Tiffany Huggins of 827 Anthony Avenue, and Wendy McCoy of 846 Anthony Avenue. All stated that they could either smell no odors from the horse pasture or that it wasn’t strong enough to be offensive to them.
Three city officials testified for the defense, Mayor Taft Hendrixson, Alderman Steve White, and City Building Codes Inspector Eugene O’Neal.
Mayor Hendrixson said he owned property on Kendra Drive and would often pass by the horse pasture when he was in the area, especially after this became an issue, but he never detected any odors.
Alderman White, who was already familiar with the area as a mail carrier, said he has driven by the horse pasture on several occasions since the complaints have surfaced and has never smelled any odors.
O’Neal testified that he has inspected the property six times since July, 2006 and has never detected any offensive smells from horse manure there.
Gerald England, former pastor of the Temple Baptist Church on Miller Road, and Thurman Hudson, a deacon at the church, testified that they have never experienced any problems with flies or offensive odors during church fellowship cookouts and meetings. The fellowship hall is only a few feet from the Billingsley’s horse stalls.
Sandy Brown, President of the DeKalb County Humane Society, testified that she has inspected the horse pasture about six times since September, 2007 and found the property and the horses well kept, with no major problems with flies or manure.
Seth Billingsley testified that he has kept from two to four horses on this property since 2005. During his testimony, Billingsley said he keeps the horses and property well maintained. He claims the stalls are cleaned out once or twice daily depending on the need and that the manure from the pasture is usually collected weekly and provided to others for use as fertilizer. He said fly control products are also used in his operation along with a bedding of pine pellets in the stalls to help maintain a cleaner environment for the horses.
The citation against Billingsley alleged that he was in violation of a city ordinance in regard to:
“Health and Sanitation nuisances.”
The ordinance states that “It shall be unlawful for any person to permit any premises owned, occupied, or controlled by him to become or remain in a filthy condition, or permit the use or occupation of same in such a manner as to create noxious or offensive smells and odors in connection therewith, or to allow the accumulation or creation of unwholesome and offensive matter or the breeding of flies, rodents, or other vermin on the premises to the menace of the public health or the annoyance of people residing within the vicinity.”
The ordinance also states that “No animal or fowl shall be kept in such a place or condition as to become a nuisance either because of noise, odor, contagious disease, or other reason.”
In his closing argument, City Attorney Parsley said the burden of proof had been met to find Billingsley in violation of the city ordinances. “What we have heard today is that those who live very close by all said that at times the smell is offensive to them. The ordinance doesn’t say how many people have to consider it offensive. I think one would not be sufficient, maybe even two, but we’ve got at least four folks who have come up here and testified about being neighbors. That they consider it offensive and it’s interfering with their peaceful enjoyment of their property and because of that we feel that we’ve carried the burden of proof which is only by the preponderance of the evidence.”
Sarah Cripps, attorney for the Billingsley’s, disagreed. “Even two witnesses from the police department who visited the property don’t agree on what they smelled, whether they smelled anything, or whether it was a nuisance to them. I cannot believe this statute should be interpreted to mean that one, two, or a few people in an entire neighborhood can be held to change the character of that neighborhood. Some people said they saw more flies, some people said they didn’t. But I do not believe in any way, shape or form, the city has carried it’s burden to prove that there exist a nuisance on this property. The city’s own officials could not even support the city’s conclusion or the assertions of the citation that there exists a nuisance pursuant to these statutes. I think the citation ought to be dismissed and I’m asking the court to do that.”
In dismissing the citation, Judge Conger, said the city’s reliance on the “Health and Sanitation nuisances” regulation in this case is “misplaced”.
“I do not find by the preponderance of the evidence that the condition of the property or the use made of the property here amounts to a health or sanitation nuisance. Then we’re left with the city ordinance which deals with keeping animals in such a place as to become a nuisance, either because of noise, odor, contagious disease or other reason. I think basically from the proof I’ve heard here today, we’re confined to whether or not the maintenance of this property and these horses on this property constitute a nuisance by reason of odor. I do not find by the preponderance of the evidence that maintenance of the horses has contributed or caused a nuisance because of contagious disease or other reasons.”
Judge Conger added, “The court is then confronted with the issue of whether this conduct on behalf of Mr. Billingsley arises to the level of a nuisance. The court would observe that none of us live in a bubble. There are sights, sounds, and smells that may offend one person and not another. All of our sensibilities are different. What I have to judge this by is what would offend a reasonable person. The city has not, thus far, chosen to ban keeping animals in the city limits. It hasn’t chosen to ban the keeping of livestock. That is within the authority and power of the city to do so. Up to this date, the city has not chosen to do that. So, the mere keeping of livestock within the city limits is not a violation of the city ordinance.”
“This court cannot determine this case by the number of witnesses who have testified. All the witnesses who have testified have been sincere and genuine and the court does not feel that there is a credibility issue here. Some people said they smelled manure. Others say they didn’t. I don’t think one is telling the truth and one is not telling the truth. We have two chief complainants, Brenda Foster and Carolyn Thomas who said that the odors emanating from the Billingsley property has affected the use of their property. One of the things that the court has noted is an exhibit showing the Thomas’ using their property outdoors on December 11th, which was approximately 20 days after this citation was written, having some sort of gathering in their back yard. That is persuasive to the court to observe those photographs.”
“The court must be swayed by a preponderance of the evidence. After hearing all the testimony in this case, I haven’t been swayed. The proof is in favor of the defendants in this case. It sounds like from all indications they have done a rather admirable job of keeping things under control there with the horses. It sounds like they’ve done what they could do.”
During the hearing, Billingsley’s attorney Sarah Cripps tried to point out that there were no official complaints about the horses until after Willie Thomas was elected to the city council last summer, even though the horses have been on this property since 2005. Thomas lives across the street from the horse pasture.
Judge Conger didn’t buy that argument. “I don’t put any great weight on the fact that this citation was issued and the complaints started coming after a particular person (Willie Thomas) was elected to the city council. Maybe that’s why he ran for city council. That’s a way you get things done sometimes is through the political process. I don’t put any great weight on the fact that the complaints did not rise to the level of an investigation until after Mr. Thomas was elected. And I don’t put any great weight on the fact that no one ever came to the Billingsley’s and complained. That’s just not persuasive.”
“I find that the city has not carried the burden by a preponderance of the evidence in this case.”

The father of a four month old, who took the infant with him to Nashville without telling the mother prompting a Middle Tennessee Endangered Child Alert last week, will be in court next week on drug charges.
Smithville Police Chief Richard Jennings says 32 year old Michael L. Edwards of 549 Frazier Street, Smithville is charged with simple possession of a schedule IV controlled substance and possession of drug paraphernalia.
Officers found five pills and a used hypodermic needle in his vehicle after he returned home with the child last Thursday evening.
Both Edwards and his wife, Penny Edwards reside with the child at the Frazier street residence.
Officer Bradley Tatrow, in his report, states that on Thursday, March 13th at about 4:00 p.m., Penny Edwards came to the Smithville Police Department to file a missing person’s report. Mrs. Edwards stated to Officer Travis Bryant that her husband, Michael Edwards, had taken the child, 4 month old Cori Alaina Edwards, on Wednesday, March 12th during the evening hours and she (mother) did not know where he took her.”
“The child’s name was entered into the National Crime Information Center (NCIC) as endangered. Later that night (Thursday) while on a traffic stop at about 9:17 p.m., I was dispatched to 549 Frazier Street. I was advised that Mr. Edwards had just pulled into the driveway of his residence.”
Upon arrival, I made contact with the mother, Penny Edwards, who was holding the child. After establishing the safety of the child, I asked Mr. Edwards to step outside to talk to me to see what was going on. Mr. Edwards advised me that he had a spur of the moment feeling to go see some friends in Nashville and left with the child. Central dispatch advised me that TBI wanted to speak with me about Edwards’ activities in Nashville.”
Edwards apparently gave Officer Tatrow and a county deputy consent to search his vehicle and they found five pills in a white bag and a needle in the floor on the driver’s side.
Edwards was arrested and charged in the case. His bond totals $5,000 and he will be in General Sessions Court on the charges March 27th.
His activities in Nashville remain under investigation by the TBI.

The TVA Board recently approved a 7-percent increase in firm wholesale electric rates effective April 1 to help fund new power generation and energy efficiency initiatives needed to meet the growing power demand of the Tennessee Valley.
Smithville Electric System must pass along the rate hike to customers, but will not attach any local increase.
The rate adjustment will provide an estimated $300 million in additional revenue during fiscal year 2008. While amounts will vary across the Valley, residential customers may expect an increase of about $4 to $7 on monthly retail electric bills, depending on their individual energy use.
“We certainly recognize the financial challenges that consumers face as we make a recommendation to the Board on the need to increase power rates,” TVA President and CEO Tom Kilgore said. “TVA is taking steps to reduce its non-fuel operating and maintenance costs by more than $400 million over the next three years. However, additional revenue is needed for long-term investments to keep the power system reliable and lessen our dependence on volatile energy markets. That will help us keep electricity reliable and affordable in the years to come.”
At its public meeting last May, the Board recognized the need for a rate adjustment to fund the implementation of the Strategic Plan. In approving the fiscal year 2008 budget in September, the Board directed TVA staff to work with local power distributors to develop a rate adjustment proposal for consideration early in 2008.
The 2008 budget includes $2 billion in capital expenditures for the addition of new power plants and work to complete Unit 2 at Watts Bar Nuclear Plant. TVA needs the additional power plants to meet power demand that is growing by about 2 percent a year during peak periods.
TVA met three all-time winter records for electricity consumption in the Valley since Jan. 1. Last summer, TVA met 13 all-time summer records for power demand during the record-breaking August heat wave. When power demand is at its peak, TVA often pays four or five times normal costs for additional power from other energy suppliers.
Kilgore also reported on the lingering effects of the drought and its continued impact on reduced hydro generation – TVA’s least expensive generation source – and increases in purchased power costs. These and all other fuel-related costs are recovered through TVA’s Fuel Cost Adjustment mechanism. The FCA, which is part of monthly consumer power bills, is adjusted quarterly and can be a charge or a credit. The amount of the FCA that will take effect April 1 is expected to be available Feb. 20 and is expected to be an increase because of continuing impacts of the drought.
The 2008 budget also includes $22 million for the first phase of expanded energy efficiency initiatives and development of a plan to help make the delivery of power to consumers more efficient. As part of this initiative, the Board appointed an Ad-Hoc energy efficiency oversight committee and announced that the Board plans to hold a public listening session at the Knoxville Convention Center in early March to get public input and learn more about energy efficiency, demand reduction and renewable energy from panels of experts.
Meeting at TVA’s Chattanooga Office Complex, the Board also approved an agreement that will allow distributors of TVA power to share ownership of new TVA generation facilities. The Board elected Bill Sansom to continue as Chairman of the TVA Board.

A fire early Saturday morning destroyed a home in the Austin Bottoms community of DeKalb County but the family escaped unharmed.
Lieutenant Mark Young reports that at approximately 3:30 a.m. Saturday, the DeKalb County Fire Department’s Austin Bottoms Station, Cookeville Highway Station, and Short Mountain Highway Station responded to a report of a fully involved structure fire on Dobbs Cemetery Road in the Austin Bottoms community.
According to Lieutenant Young, when firefighters from the Austin Bottoms Station arrived, the house was completely engulfed in flames and part of the house had already collapsed.
The owner, John Mullins and his family were able to safely escape the burning house after being awakened by smoke alarms. The house and contents were totally destroyed. The DeKalb County Fire Department received mutual aid assistance from the Putnam County Fire Department who responded with tankers to help supply the needed water to contain the fire. The DeKalb County Sheriff’s Department also provided assistance on the scene.

A woman, who reported to the DeKalb County Jail Friday for a weekend of incarceration, was charged with trying to smuggle drugs into the facility.
Sheriff Patrick Ray says 42 year old Tonya Caldwell of Walker Drive, Smithville was charged with introduction of drugs into a penal institution. Caldwell, who is serving weekends, reported to the jail on Friday.. While dressing Caldwell out, a Correctional Officer noticed a Band-Aid attached to each of Caldwell’s feet. Caldwell claimed she had cut her feet and the Band-Aid was covering the wounds. Upon a further investigation by the Correctional Officers, Caldwell was found to have in her possession 4 Xanax pills and 3 Hydocodone pills hidden under the Band-Aids. Caldwell’s bond was set at $10,000 and her court date is March 27th.
Meanwhile, 24 year old April Anderson of Tramel Branch Road, Alexandria was stopped Monday on Highway 56 after a “be on the lookout” was posted by the Smithville Police Department. Sheriff Ray says Anderson had already been charged with theft of property under $500 and two counts of forgery after Detectives had received a report on Anderson stealing a family member’s checks. The family member came to the Sheriff’s Department and made out a report after the victim noticed that two checks totaling $180 had been cashed at a market here in DeKalb County on January 15th and the 19th of this year. Anderson has been staying out of state since this incident occurred. Anderson was also arrested on a failure to appear after she did not show up for court on other unrelated charges earlier this year. Total bond for Anderson was set at $9,500 and her court date is April 3rd.
In another case, 40 year old Mark Anthony McCoy of Huddleston Loop, Smithville was charged Wednesday, March 12th with driving on a suspended license when he was stopped for a traffic violation on Highway 70. McCoy’s license was suspended for frequent traffic violations. McCoy’s bond was set at $1,000 and his court date is March 26th.
33 year old Donna Annette Bogle of Parkway Drive, Smithville was charged Thursday, March 13th with driving on a suspended license after she was stopped on Midway Road Smithville for a traffic violation. Bogle’s license was suspended for failure to maintain proof of insurance. Bogle’s bond was set at $1,000 and her court date is March 26th.