The Smithville Mayor and Aldermen Monday night left unresolved two issues they will soon have to face, setting a pay scale for the police investigator position, and the status of the golf course lease with tenant Jimmy Lewis.
On the golf course issue, Lewis has a lease with the city to operate the golf course and swimming pool through 2017 at $2500 per month. Faced with the possibility that Lewis might want to give up the lease, Mayor Taft Hendrixson, at a workshop last week, proposed that Lewis’ lease be amended.
Under Mayor Hendrixson’s proposal, Lewis would continue operating the golf course through the year 2017, but he would be relieved of his responsibility for operating the swimming pool. Hendrixson proposed cutting Lewis’ rent in half from $2,500 per month to $1,250 per month, but Lewis would be responsible for all upkeep and maintenance of the golf course. Mayor Hendrixson further proposed that the swimming pool operation and maintenance be funded from the city’s recreation budget.
However City Attorney Vester Parsley, Jr., on Monday night, said these proposed changes are so significant that the lease, in his opinion, cannot be amended. “I’ve looked over the lease agreement that you have with Jimmy Lewis that was entered into on March 22nd, 2006. Although it does have a provision for modifications, I don’t think it’s contemplated that we would make a major deviation from the current contract. Currently, Mr. Lewis is supposed to be paying $2,500 per month and there was discussion about reducing that in half and then also the (city) taking over the swimming pool which Mr. Lewis currently has to manage. My feeling is that because this is such a major deviation from the contract, the city would probably have to re-let that contract if they were going to do that and if Mr. Lewis opts to say he is going to terminate his agreement with the city then I think the city has no option other than re-letting and let others vie for that contract. You’re talking about a significant deviation from the contract. This contract goes through 2017 and there is no provision to have that big a deviation so I feel like that it would be ill advised for the city to deviate and make those major changes since other people may want to vie for that contract.”
Alderman Tonya Sullivan asked Parsley about the section in the lease referring to “‘modifications” and what that might cover. Parsley said it was his opinion that minor changes could be made subject to a written agreement signed by the parties but nothing major. ” Here we’re not only talking about losing income, we’re also talking about taking on a new liability of managing the swimming pool which entails hiring personnel and paying all their salaries, workers comp, and whatever is necessary.”
Parsley further advised the aldermen to be careful about modifying it’s contracts. “For example, we had a hay contract (awarded) last time (last meeting). Somebody might come back next time and say ‘I don’t like my agreement and I want to cut it in half’. Are we going to start modifying all our contracts for people who are really not having good luck with their contracts. I don’t think the city wants to get in that posture.”
Mayor Hendrixson said “I was proposing something to try to keep the golf course viable. Jimmy has done a good job with the golf course and maybe the city could take over (pool operation) and have some recreation, a cheaper rate or something at the swimming pool for the children. But I certainly don’t want to go against our legal advice and I’m not going to.”
Alderman Sullivan made a motion that the mayor and aldermen have another workshop with Lewis to discuss the issue further. The motion carried 5 to 0. The workshop will be held following the 6:00 p.m. planning commission meeting Thursday night at city hall.
Also during that workshop Thursday night, the mayor and aldermen will try to agree on a pay scale for the police investigator position.
When the aldermen hired Jerry Hutchins’, Jr as police investigator in January, they did not specifically address his rate of pay, apparently unaware that the city budget currently does not provide a pay scale for the position of “investigator”.
Two weeks ago, the board voted 5 to 0 to start Hutchins at a sergeant’s rate of pay, $11.89 per hour and increase it to $13.13 per hour after sixty days. Once the pay scale is set, Hutchins may earn more than sergeants pay.
On Monday night, City Attorney Parsley said he had done some research on what the city has paid other officers in the past who have performed similar duties based on their experience. “The last investigator we had was officer Bill Elliott. It’s my understanding, he started as a patrolman in probably March, 2006. At some point along the way, about May 14th, 2007, he was appointed to investigator and received a pay rate at that time of $12.28 per hour. Thereafter, he received, by virtue of the budget, an increase in pay to $12.62. He received a pay raise on July 17th, just seven days later, to $13.76.”
“The next investigator after him (Elliott) was officer Steve Deffendoll who began his work here as a patrolman. He started out as a patrolman at $11.13, then he went to $12.30 at sergeant’s pay in June, 2006. In July, 2006, he went to $13.39 by virtue of the raise they got through the budget process. The following year, on April 20th, he went to $15.20 at Lieutenant’s pay, then on July 10th, he received another raise up to $15.95 and that was the pay rate he had according to the records here when he left the service of the city.”
“Prior to that, You had officer Chris Russell, who also started as patrolman. I don’t know exactly when he was appointed as investigator, but when he left his service here in July, 2006 he was making $14.60. I don’t know if that was comparable to sergeant’s pay, or whatever. There was no notation.”
“Prior to him was Don Wilson. He started out in November, 2000 at $8.81 and after he completed his probationary period, he was making $9.85 in March, 2001 and he left employment with the city sometime thereafter.”
“Charles Dennis is the last one I could find and he was making $9.85 by the time he left.”
Alderman Sullivan made a motion that the workshop be held to resolve the pay dispute. The motion was approved on a 5-0 vote. Again, the workshop will be held following the 6:00 p.m. planning commission meeting Thursday night at city hall.

The Smithville Aldermen Monday night may consider a proposal for the city to take over operation of the municipal swimming pool and cut the rent of the golf course tenant in half.
This proposal is being offered by Mayor Taft Hendrixson, who presented it during a brief informal workshop session with members of the council Wednesday afternoon at city hall. Aldermen Cecil Burger and Tonya Sullivan were in attendance along with City Attorney Vester Parsley, Jr. and Jimmy Lewis, golf course tenant.
Lewis has the golf course and swimming pool leased until 2017 at $2,500 per month, with a five year renewal option.
Sources say Lewis has been considering giving up the lease under certain conditions. Lewis has apparently not publicly confirmed that but if he did surrender it, the city would possibly have to re-bid the lease or take over operation of both the golf course and swimming pool and hire an operator to manage them.
Mayor Hendrixson says he doesn’t believe the city should get in the golf course business, but the city could assume operation and maintenance of the swimming pool as a service to the people of the city, especially the youth, and possibly reduce the admission price to swim to around a dollar per person.
Under Mayor Hendrixson’s proposal, Lewis’ lease would be amended allowing him to continue operating the golf course through the year 2017, but Lewis would be relieved of his responsibility for operating the swimming pool. Hendrixson proposes to cut Lewis’ rent in half from $2,500 per month to $1,250 per month, but Lewis would be responsible for all upkeep and maintenance of the golf course. Mayor Hendrixson was complimentary of Lewis, saying he has taken good care of the golf course.
Hendrixson proposes that the swimming pool operation and maintenance be funded in the city’s recreation budget. Costs incurred to the city would include hiring someone to manage the pool, chemicals, utilities, etc.
Mayor Hendrixson says the city could possibly hire someone for the summer, maybe a college student for example, to manage the pool, keep chemicals up to date, be responsible for making sure life guards are on duty, and whatever else is needed.
The proposal is expected to be discussed during the city council meeting Monday night. WJLE plans LIVE coverage and LIVE audio streaming at www.wjle.com.

A 17 year old DeKalb County girl, who left home last Monday night, February 25th turned herself in at the DeKalb County Jail Tuesday night with her boyfriend.
Sheriff Patrick Ray says Heather Ann Cantrell and her boyfriend have been charged in juvenile petitions with being runaways. They have been taken to the Juvenile Detention Center in Cookeville.
Sheriff Ray says the two have apparently been staying with friends for the past few days in Athens, Tennessee.

Smithville Police Chief Richard Jennings is urging you not to leave purses and other valuables unattended in your automobile or shopping cart when you go to the store or other places.
Thefts of these kind have been a problem lately.
Chief Jennings says in one recent case, a woman attending a ball game at DeKalb Middle School left a pocketbook in her car in the school parking lot and when she came back, the pocketbook was gone. Someone had gotten in the car and taken the purse which contained money, medication, and some important papers. The woman, after making the discovery of the theft, went to the police department to report the crime to Chief Jennings.
No arrests have been made
Meanwhile, in another case, Chief Jennings says someone recently stole some checks from a resident at 701 Fisher Avenue and later forged and cashed three of them at a local bank in the amounts of $120.31, $12.05, and $186.56. Chief Jennings says the theft apparently occurred while the victim was in the hospital.
Officer Travis Bryant took the report on the crime.
In another case, a resident at 915 Short Mountain Street recently reported the theft of a large cast iron antique 25 gallon pot from her front yard. The woman valued the pot at $1,200. The report was taken by part time officer and constable Mark Milam.
41 year old Lisa Pyles of Jones Mill Road, Smithville was recently arrested in a shoplifting case and charged with theft of property under $500. During a search subsequent to arrest, some drug paraphernalia was found on Pyles so she was additionally charged with possession of drug paraphernalia.
According to a report filed by Officer Randy King, he was called to Mapco Express late Saturday night on suspicion of a shoplifter. The clerk alerted King that Pyles had placed some items in her jacket she hadn’t paid for and left the store. Officer King followed her into the parking lot, where she had gotten in her truck. He saw that she was trying to remove items from her coat. Officer King asked her to step out of the truck. As she got out, Pyles continued to remove items from her pocket to hide their discovery. In the floor of the truck, Officer King noticed several items Pyles had placed there including a package of Doritos, beef jerky, spinach dip, four packs of meats and cheese snacks, several small bags of chips and a pack of gum. All items were recovered.
Pyles will be in court on the charges March 20th.
31 year old Refugio Gonzales Rodriguez was charged with a first offense of driving under the influence on Sunday morning after an investigation by Officer Brad Tatrow.
Chief Jennings says on Sunday at 4:18 a.m. Officer Tatrow noticed a gray Ford Explorer in the parking lot of an apartment complex at 322 West Broad Street. Officer Tatrow stopped, got out of his patrol car, and approached the vehicle. He noticed an Hispanic male sitting in the drivers seat of the truck. The vehicle was running and the lights were on. The man was behind the wheel, passed out, but still holding a beer in his hand. Officer Tatrow banged on the window to get his attention. The man slowly woke up, looked at the officer, and took two more swallows of beer. Officer Tatrow asked the man to get out of the truck. He complied but was sluggish and stumbled The man was asked to submit to a series of field sobriety tasks which he failed. Rodriguez was taken to the Smithville Police Department where he submitted to a toximeter test and blew a .14.
His bond is $1,000 and he will be in court on the charge March 13th.
37 year old Clinton Jerome Maples of South Mountain Road, Smithville was charged Friday night with public intoxication.
Chief Jennings says on Friday night, Sergeant Joey D. Jones was flagged down by a man at Royal Oak apartments. The man told the officer that someone was sitting in the breeze way of an apartment building, who had earlier been going around knocking on doors looking for someone, but the person he was trying to find didn’t live there. Sergeant Jones made contact with the man who identified himself as Maples. He had a strong smell of alcohol on his breath and person and was unsteady on his feet. Sergeant Jones had to help him stand up. Maples was charged with public intoxication. His bond is set at $1,000 and he will be in court Thursday.
Stephen Hunter Pugh was picked up at the Central Dispatch location on South Mountain Street Sunday night on a violation of probation warrant.
Chief Jennings says Officer Randy King was summoned to the Central Dispatch location to check out a suspicious person. Officers King and Tatrow arrived to find Pugh attempting to sell a red step ladder to the dispatcher. He seemed to be confused and disoriented. Officer King asked him what he was doing trying to sell a ladder to the dispatcher. Pugh shrugged his shoulders and didn’t answer. When officers learned, through a warrants check, that Pugh was wanted for violation of probation, he was taken to the Sheriff’s Department and his vehicle was towed. The ladder he was trying to sell belonged to his grandfather.
Smithville Police are investigating a domestic assault case, which was reported just before midnight Sunday night.
Chief Jennings says Officer Randy King was dispatched to the emergency room of DeKalb Community Hospital where the victim was being treated.
The victim told the officer that when she went to her former residence to get some items she had left, an argument ensued between her and the former boyfriend, and that she was assaulted.
No arrests have been made.
29 year old Heather D. Colwell of 622 Restview Avenue was charged Monday with Public Intoxication.
Chief Jennings says on Monday he answered a call to come to the parking lot of Value Rent on Broad Street to investigate a possible intoxicated person. “I arrived and saw a car fitting the description in the parking lot. Two persons were in the vehicle, which backed out of the parking space in front of the game room, and pulled over in front of the Value Rent. I noticed the driver side door come open, and the driver leaned her head out and started to throw up in the parking lot. I approached the vehicle and found the driver to be Colwell. Lieutenant Steven Leffew arrived to assist and Colwell was placed under arrest for Public Intoxication. The passenger of the vehicle, James A. Barrett, Jr. had an outstanding warrant against him from the Sheriff’s Department. Colwell was transported to the Police Department and Barrett was taken to the county jail. Her bond is $1,000 and she will be in court March 13th.
On Tuesday morning, 24 year old David Michael Teachout was charged with assault.
Chief Jennings says Sergeant Joey Jones was called to 558 East Main Street on a complaint of an assault. Upon arrival, a lady in the front yard motioned for the officersto stop. He exited his patrol car and walked toward her. She stated that there was a fight inside the house between her brother (Teachout) and her ex-husband and that her mother and ex-husband were holding Teachout down on the bed. Sergeant Jones went in the house and secured Teachout, who had been drinking. The officer spoke with all parties involved. The sister who called was Jerri Spivey. She stated that her ex-husband had been there all day helping with the kids. When Teachout called and asked if he was there, she advised that he was there. Teachout said that he had better be gone when he got there. Upon his arrival, Clinton Spivey and Jerri Spivey were in her bedroom watching TV, when Teachout entered the bedroom and started hitting Clinton Spivey. The mother, Brenda Teachout and the ex-husband were able to hold Teachout on the bed until the officer arrived.
Teachout told the officer he had drank six beers. He will be in court on the assault charge on March 13th. His bond is $2,500.

The Alexandria Police Department has made two arrests in a burglary last week at the old Prichard’s Grocery store location.
Alexandria Police Chief Mark Collins says 42 year old Wendell Lee Gibbs and 32 year old James Steven Leduc both of Alexandria are charged with one count of burglary and one count of theft over $10,000. Bond for each is $30,000.
On Thursday, February 21st , Chief Collins and Sergeant Chris Russell of the Alexandria Police Department responded to a reported burglary at the old Prichard’s Grocery Store located at 33812 Nashville Highway where someone entered the building and stole a substantial amount of copper wiring and piping and causing extensive damage to the electrical system of the building and to the coolers and freezers .
The investigation led to the arrests of both Gibbs and Leduc.
Chief Collins says the DeKalb County Sheriff’s Department assisted Alexandria Police in the investigation and Leduc was also charged by the Sheriff’s Department on unrelated charges.
The investigation is ongoing and more arrests are expected.