Donny Green, County Executive Director of the DeKalb/Cannon County Farm Service Agency, says the DeKalb FSA County Committee met in regular session on Tuesday, December 4 to canvass and tabulate the ballots received in the 2012 Local Administrative Area (LAA) # 1 County Committee Election. The deadline to return ballots was December 3.
Mary Sanders was re-elected to serve as a member on the Committee representing LAA-2. Her third and final 3-year term began January 1, 2013. Randall West was elected as 1st. Alternate, Bert Driver was elected as 2nd Alternate, and Jeff Carter was elected as 3rd. Alternate to the Committee.
In addition, the Committee met on January 8, 2013 for its Organizational Meeting. The Committee selected Timmie Adcock to serve as Chairperson, Jack Campbell to serve as Vice-Chairperson, and Mary Sanders to serve as Member. The Committee meets quarterly at the DeKalb/Cannon County USDA Service Center located at 647 Bright Hill Rd.
Green says that the DeKalb/Cannon FSA County Committee and office staff wishes to express their appreciation to voters in LAA-1 who participated in the election by voting and returning their ballots. “The local County Committees are a very important part of Farm Service Agency’s program delivery and administrative processes. I do not know of any other agency providing federal programs that can say that the delivery and decision making efforts are made on the local level by a farmer-elected committee,” added Green.
For more information about FSA’s County Committees or other program inquiries, call 597-8225 (extension 2) or come by the DeKalb/Cannon County Farm Service Agency office at 647 Bright Hill Street in Smithville. You can also visit the agency’s web site at: www.fsa.usda.gov.
Tag Archives: 2013
City Supervisors Update Mayor and Aldermen
City officials have asked Smithville’s engineering firm, the J.R. Wauford Company, to come up with estimates on what it could cost to make city sewer available to a handful of places in town that don’t have access to the service.
Alderman Shawn Jacobs raised the issue at the city council meeting on November 19. Public Works Director Kevin Robinson updated the mayor and aldermen Monday night. “I’ve been in contact with Melissa at JR Wauford Engineering about the sewer (unserved areas) in town. She came up Friday and we rode around to every one of the spots and she is supposed to let me know and as soon as she does I’ll let the board know what she found out and what its going to cost,” said Robinson.
Alderman Jacobs asked if Robinson could find out more about some new technology available that might be an alternative to pumping stations, if needed to reach those unserved areas. “In addition to pumping stations, there’s some new technology out there that don’t require pumping stations. There’s a couple of alternatives being used besides that so if these figures come back really expensive we might ask her to look at some of the alternatives to see what that would cost us as well. Of course, we’re not looking at making any kind of decision right away anyway but just for planning purposes it would be good to know and see what the new technology offers and if the prices might be coming down on it in the future,” said Alderman Jacobs.
Meanwhile, Todd Bowman, water plant supervisor reported to the mayor and aldermen Monday night that for both the months of October and November, the city recorded a 25% water loss. He also reported that water plant employee Shawn Thomas has passed his grade III exam and is now a certified plant operator. “He is certified in sewer and water plant operation,” said Bowman. “We now have three licensed operators at the plant. Another one (employee) still there without a license plans on going in May to try and get his license,” said Bowman.
Smithville Police Chief Randy Caplinger reported that the department has received a new K-9 vehicle. “It will soon be outfitted completely with a cage and everything. It really looks good and we’re proud of it. The officers are doing a good job and we want to get our K-9 program going further than what it is,” said Chief Caplinger.
“We also have two new certified meth officers now and we’re real proud of that,” said Chief Caplinger. “We want to try and get as many (certified meth officers) as we can to help curb the drug problem,” he said. “Our in-service training is starting up again this year, probably next month through the end of March. We finished up a grant today. We’ll be taking the money out to supply us with bullet proof vests that we ordered. Those should be coming in a few days. The grant will pay for all the vests except for just a few dollars,” said Chief Caplinger.
Alderman Gayla Hendrix commended Chief Caplinger and others on establishing a crime stoppers program. In response, the chief said the public is already responding to it. “I really appreciate the people we have on our crime stoppers (board). There’s ten people, five from the city and five from the business community. We’re getting a lot of good (public) response from crime stoppers. We’re getting calls and tips coming in and we’re investigating several of them right now. It looks like the program is going to pay off. Its going to work real well. It looks like it will fund itself with the help of the board we have. I think its going to be real good,” said Chief Caplinger
“I also want to thank everyone who was part of our Christmas get together (party) for the (needy) children (December 21). This room (community room of city hall), I don’t think you could have put another person in it,” said Chief Caplinger. “The room was full. Everyone was real appreciative. We had several businesses who stepped forward and wanted to help and did an outstanding job. We hope to continue that (Christmas event) as well as the Halloween event. That’s one of the things the police department wants to do is stay involved with the community. I appreciate the support of the board helping us do that,” he said.
Fire Chief Charlie Parker updated the mayor and aldermen on recent fire department activities. “Highlights of our last quarter, we had a total of 32 incidents. We had 54 hours of working and 142 man hours of training in the last quarter. Also during the last quarter, the month of October was our fire prevention month, ” said Chief Parker. “We held fire prevention activities at the Smithville Methodist Day School, the Church of Christ Day School, Smithville Elementary, LBJ & C Head Start, Rainbow Play School, and at DeKalb Middle School. We also had several boy scout and girl scout groups that came through so we really pushed fire prevention in the month of October. My deputy chief, Hoyte Hale heads that up. We solicit (donations) from several businesses that contribute to the fire prevention materials. We try to provide at least a piece of literature, stickers, or something for every kid through fifth grade. They get coloring books or something depending upon age appropriate. We’ve had a tremendous response from parents. I want to thank Hoyte for doing this and the other firefighters who helped do some of the demonstrations,” he said. “Currently, we are working on our SOG’s for the fire department, looking to update our guidelines and procedures. We’ll have our officer elections the first part of February and then we’ll come back to the board for your approval (of officers). We also have our firefighter appreciation dinner January 19. We’ve had a very big start with the first of the year. I think we’re up to twenty calls already starting the new year,” said Chief Parker.
Smithville Police Make Arrests for Domestic Assault and Issue Citations for Drug Offenses
In his latest report on crime, Smithville Police Chief Randy Caplinger reports that 19 year old Juan Carillo Perez was cited for simple possession on Thursday, December 27. According to the citation, an officer observed a suspicious vehicle in the Wal-Mart parking lot with two men inside. Due to complaints of drug trafficking in the parking lot, the officer approached the vehicle. Perez was in the driver’s seat. The officer was informed that there was marijuana in the vehicle. A small amount of a green leafy substance believed to be marijuana was found under the seat. Perez will be in court on January 17.
27 year old Stephen Hunter Pugh was cited for simple possession and possession of drug paraphernalia on New Year’s Eve. A search of Pugh, incident to arrest for an outstanding warrant, produced a small amount of a green leafy substance believed to be marijuana and drug paraphernalia. His court date is January 17.
21 year old Clay Andrew Bain was cited for possession of drug paraphernalia on Saturday, January 5. Bain, who was involved in a verbal dispute, made an attempt to dispose of three hypodermic needles. His court date is February 21.
22 year old Daniel Trey Hamilton and 22 year old Kayla N Adams were arrested for domestic assault on Saturday, January 5. Hamilton and Adams got into an argument that turned physical. Both had wounds to their persons. The primary aggressor could not be determined. Both were taken into custody for domestic assault. Bond for each is $2,500 and they will be in court on January 17.
31 year old Chad James Bradshaw was arrested for domestic assault on Sunday, January 6. According to the warrant, an officer spoke to the victim who stated that she and Bradshaw were in a heated argument which became physical. Marks were observed on the victim. Upon speaking with Bradshaw and a witness, the officer determined that Bradshaw was the primary aggressor. His bond is $3,500 and his court date is February 21
25 year old Kristy Lavone Grandstaff was cited for simple possession on Sunday, January 6. Four pills believed to be Lorazapam were found on Grandstaff’s person. She didn’t have a prescription for the pills. Her court date is January 17.
Anyone with information on any criminal activity is asked to please contact the Smithville Police Department at 597-8210 or the Tip Line at 464-6046.
Any information received that would help Smithville Police solve any criminal offense will be greatly appreciated. All information is confidential
DUD and City to Share in Water Cost Study
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.
Aldermen Receive Both Praise on Beer Vote and a Call to Reconsider
The Smithville Mayor and Aldermen Monday night received both praise for and appeals to reconsider passage of an ordinance amendment allowing 24-7 beer sales and on premises permits in eligible businesses.
The aldermen adopted the ordinance amendment by a 3-2 vote on second and final reading passage during a special meeting on Thursday, December 27. And while Mayor Jimmy Poss could have vetoed the measure, requiring four aldermen votes to override, he chose instead to sign it. Since that vote, Mayor Poss apparently began to reconsider and contemplated casting a veto, but a legal consultant for MTAS, the Municipal Technical Advisory Service, said that once the mayor had signed the ordinance amendment, as adopted by the aldermen, it had the full effect of law and was no longer subject to a veto.
(PLAY VIDEO BELOW OF CITY COUNCIL PUBLIC COMMENT PERIOD)
Steve White, former alderman and resident of South Mountain Street, spoke during the public comment period at Monday night’s meeting. White said the aldermen still had an opportunity to reconsider before approving the minutes and he called for them to reverse their decision or for the mayor to cast a veto.”One of the big things I can’t understand is why this board would just disregard the City of Smithville’s voters who voted twice in the last six months not to expand the sale of alcohol and not to add alcohol in restaurants,” said White. “Gayla (Hendrix), Jason (Murphy) you still have the opportunity to change your vote and to rescind your vote from the special meeting. Until the minutes are passed and approved, you still have the opportunity to change your vote. Mayor, you have the opportunity to veto. You do have that option. This is fact and the facts will stand when all the underlying of greed and evils are gone. I just beg of you to make the right decision on that. I don’t think anybody in here has any doubt what the right decision is,” said White
Robin Driver, a local business owner and resident of West Church Street, commended the aldermen for being progressive. “I have been here all my life. My family on both sides have been here since the 1700’s or 1800’s,” said Driver. ” I am very proud to call Smithville my home. That’s the reason I chose to stay here in my adult life and start my businesses here. I’m very proud to see a commission who is willing to take a stand and do something to move this county and city forward. We have Center Hill Lake, one of the largest resort destinations in this area with 1.8 million people a year who come here. These people bring revenue to our businesses. They bring revenue to our county and they expect certain things when they come here. I would like to say we appreciate you. I have spoken to many, many business owners who are not able to be here tonight but you have the unanimous support of almost every business owner I have spoken to. I want to thank you (aldermen) for doing something progressive and doing something that needed to be done a long time ago. We’re the only county of all the counties that join us that haven’t done this a long time ago. It will bring business to this community. It will bring business to this city. And it will bring tax dollars,” said Driver
Nancy O’Neil of Riley Avenue added “I just want to thank the board for having the courage to make good financial decisions. Thank you so much,” said O’Neil.
Randy Paris, a resident of DeKalb County who owns property on East Broad Street in Smithville said the aldermen have made a good business decision. “I want to thank the board too. Its great having business people making good decisions. Money or revenues have been left on the table for a long time. No one has ever sought to go after it. I admire the mayor and board of aldermen. Thanks. I appreciate it,” said Paris
Sherry Bush of South College Street said she appreciates the aldermen’s efforts to help the city to grow and prosper. “I just want to say as I look at this board… I know all of you. For the most part, you have grown up here, gone to school here, and made the choice to come back here, raise your children here and start your businesses or your professions here. I am filled with pride that DeKalb County and Smithville can produce such high quality people. I want you to know from the bottom of my heart I appreciate what you are doing here. Your goals and the hopes that you put in us that we will see our city grow and prosper. I just want to say thank you,” said Bush.
Michael Pinegar of Dearman Street said expanding beer sales will not increase tax revenue all that much but that it would put more drunk drivers on the roads. He also indicated that greed might be a motive for why some want this passed. “We’re talking about revenue again. I gave you figures last week. The max you’ll get is $50,000 (extra tax revenue) and you’ll never sell a million beers (during a year) I don’t think even with these tourists coming in. The main thing is the greed. Another figure that I’ve looked up is on one keg of beer, which I think these men back here (in the audience), that’s their main thing is their greed and wanting to line their pockets. On a keg of beer, they can get one hundred sixty five 12 ounce cups of beer. Usually in Cookeville, they will bring $2.50 so that means they are making over $2.00 per beer profit. That is the main reason why they’re wanting this. It was mentioned how we are going to prosper like the counties around us. I worked for thirty four years at Carrier in McMinnville and it shut down and moved to Mexico. All the plants in McMinnville just about have moved and all the restaurants there have closed down. So where did all their beer and liquor revenue go? Where is it in these other counties surrounding us? I don’t think it’s a big advantage for us to get this beer and liquor. All we’re going to do is put more drunk drivers on the roads to injure our citizens. You still can change your mind and it still can be vetoed,” said Pinegar.
After the public comment period, the aldermen adopted the minutes from the last regular meeting on December 17 and special meeting on December 27 and moved on to other business. They did not reconsider their vote on the beer ordinance amendment and the mayor did not cast a veto.
All were present except Alderman Danny Washer who was absent due to an illness in his family.
Sykes Charged After Meth Lab Components Found in His Home
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.
Mayoral Veto of Beer Ordinance Amendment No Longer an Option According to MTAS
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.
Audrey Vandagriff Frazier
85 year old Audrey Vandagriff Frazier of Smithville and formerly of the Dry Creek Community died Monday. She was a member of the Dry Creek Baptist Church, factory worker, and UCHRA driver. The funeral will be Thursday at 11:00 a.m. at DeKalb Funeral Chapel. Donald Owens will officiate and burial will be in DeKalb Memorial Gardens. Visitation will be Wednesday from 10:00 a.m. until 8:00 p.m. and Thursday from 9:00 a.m. until the time of the service at 11:00 a.m. She was preceded in death by her husband of 47 years, Jim Roy Frazier; parents, John Floyd and May Farler Vandagriff; sister, Cornelia Collins and husband Jim; brother, Joe Vandagriff; mother-in-law and father-in-law, Claudia Bryant and Roy Frazier; sister-in-law and husband Annette Bass and Trevor Jordan; brother-in-law, Sherwood Burt. She is survived by sons, James Richard and wife Janet Frazier of Troutville, Virginia; William David and wife Freda Frazier of the Jefferson Community and Randall Frazier of Dickson; daughter, Sherry Elaine Frazier and husband Harry Williams of Knoxville; daughter-in-law, Cathy Fuson Frazier of Newport; sister, Helen Burt of the Dry Creek Community; sister-in-law, Fay Vandagriff and husband Harold Elrod of Smithville; brother-in-law, Jack and wife Helen Frazier of Clarksville. Seventeen grandchildren and twenty three great grandchildren and several nieces and nephews. DeKalb Funeral Chapel is in charge of the arrangements.
Jerry Wayne “Popcorn Man” Evans
74 year old Jerry Wayne “Popcorn Man” Evans, a McMinnville resident and DeKalb County native died Friday at Alive Hospice at St. Thomas Hospital following a brief illness.
A retired employee of Carrier Air Conditioning Company, United States Air Force veteran, member of Air Guard for twenty years and a member of Christ United Methodist Church, he was the son of the late Gentry and Louise Burton Evans. In addition to his parents, he was preceded in death by one sister, Barbara Peterson.
He was married to Donna Davenport Evans of McMinnville. In addition to his wife of fifty-one years, he is survived by one son and daughter-in-law, Mark and Linda Evans of the Centertown Community; granddaughter, Sarah Evans of the Centertown Community; aunts, Mrs. Johnnie Hobson of Ardmore, Mrs. Billie Cook, Mrs. Jo Evans, Mrs. Edith Evans and Mrs. Frankie Evans all of Smithville, sister-in-law, Patsy Davenport Askew; niece, Pam Davenport; great-nephew, Davis L. Cantrell and numerous cousins.
The funeral service will be held Monday at 11:00 a.m. in High’s Chapel in McMinnville with Lorin Pedigo officiating. Burial will follow in Gardens of Memory with full military honors administered by VFW Post 5064 and American Legion Post 173. Visitation will be held from 11:00 a.m. until 8:00 p.m. Sunday and from 8:00 a.m. until the time of service Monday at High’s.
High Funeral Home in McMinnville is in charge of the arrangements.
Flonnie Hazel Waller
93 year old Flonnie Hazel Waller of McMinnville died Wednesday at NHC Healthcare Center in McMinnville. She was a member of the Pisgah United Methodist Church. Waller worked at the Smithville Shirt Factory for many years. A graveside service and burial will be Monday at 3:00 p.m. at the Snow Hill Baptist Church Cemetery. Michael Hale will officiate. No visitation will be held at the funeral home. Family and friends will meet at the cemetery for the graveside service. Waller was preceded in death by her parents, Elijah and Pearlie Self Caplinger; her husband, Andrew Boyd Waller; a daughter, Hazel Boyd Waller; and brothers, Delton and Walter Caplinger. She is survived by a daughter and son-in-law, Joyce and Gary Howell of Dahlonega, Georgia. A granddaughter, Deborah Leigh of Cummings, Georgia. A niece, Frankie and husband Jack Watkins of Clemons, North Carolina. DeKalb Funeral Chapel is in charge of the arrangements. The family asks that donations be made, in lieu of flowers, to the Christ United Methodist Church in McMinnville.