Local News Articles

Alexandria Man Indicted in Sex Crime

April 11, 2014
by: 
Dwayne Page
Joseph Brandon Proctor

A 38 year old Alexandria man has been indicted on a charge of sexual battery by an authority figure.

Joseph Brandon Proctor of Adamson Branch Road, Alexandria will be arraigned in DeKalb County Criminal Court on Monday, April 14. He was named in a sealed indictment returned by the Grand Jury Monday.

According to the indictment, "Proctor, between April 1 and April 30, 2013, did unlawfully have sexual contact with a victim, who at the time of the offense was thirteen years of age or older but less than eighteen years of age. The defendant (Proctor), at the time of the offense, had parental or custodial authority over the victim and used that authority to accomplish the sexual contact, constituting the offense of sexual battery by an authority figure".

Proctor was arrested Wednesday. He is under a $50,000 bond.

DCHS FBLA Organization Attends State Leadership Conference

April 11, 2014
Ashley Medlin, Kelsey MacDonald, Katie Parker, Bailey Hayes

Eighteen members of the DeKalb County High School, Future Business Leaders of America organization attended the Tennessee State Leadership Conference in Chattanooga, Tennessee this week. The following members made finals in their event: Jordan Wilkins, Taneah Cantrell, Maggie Mahaffey (Emerging Business Issues), Katie Parker (Client Service), and Bailey Hayes (Public Speaking 2). The following members placed in their events:

•Bailey Hayes: 4th place in Public Speaking II
•Katie Parker: 5th Place in Client Service
•Kelsey MacDonald and Ashley Medlin: 4th place Chapter Community Service Project.

The Chapter received the Gold Seal of Merit Award, placed 2nd in can tab collection with 52 gallons and received recognition for our donation to March of Dimes.

Smithville Resident Chosen as Upper Cumberland Regional Teacher of the Year Grades 9-12

April 11, 2014
by: 
By TONY STINNETT, Cannon Courier Sports Editor
William Freddy Curtis

Cannon County still has a Cannon County High School Teacher in the running for Tennessee Teacher of the Year.

Cannon County High School’s William Freddy Curtis has been selected as High School (Grades 9 – 12) Upper Cumberland Regional Teacher of the Year and is still in the process for Teacher of the Year in Tennessee.

“Mr. William Freddy Curtis is a great asset to the Cannon County School System,” said Barbara Parker, Cannon County’s Director of Schools. “It is definitely an honor to be recognized by your school peers as Teacher of the Year and by your district as District Teacher of the Year, but to be recognized as Upper Cumberland Regional Teacher of the Year means that you have risen above some very stiff competition from 22 Upper Cumberland systems. This is a very prestigious award for Mr. Curtis and a statement of how excellent the teachers are in Cannon County.”

Curtis is a 28-year veteran of education. He currently serves as U.S. Government teacher at Cannon County, where he also teaches Sociology, AP U.S. Government and Politics. He is a former principal of West Side School in Readyville. He was chosen in the grades 9-through-12 division. “I really believe that being judged or compared to other educators is an affirmation that other colleagues value what you do,” Curtis said. “In our current era of Common Core Standards schools are being evaluated as an entire group, so we are all part of the team. All of us at Cannon County High School must strive for excellence with all of our students. This recognition means, to me, that I am a good team player, and that as a part of the team I am playing my position well. It is always good to get a pat on the back, but when it is your colleagues demonstrating that to you, it is pretty special.”

“Mr. Curtis is extremely enthusiastic in the classroom,” Parker said. “He loves to teach, and it shows. He always has the students foremost in his mind when he teaches. I was elated to have two Regional Teachers of the Year from Cannon County. Mr. Curtis is very deserving.”

Curtis has taught at the grammar school and high school level, as well as served as Principal at West Side Elementary School. His genuine desire to educate is a motivating factor. “I sincerely care about each and every student and want to make a difference on what each one of them think about U.S. Government, Sociology, and AP US Government and Politics,” Curtis said. “One thing I quickly learned from going from an elementary/middle Grades teacher to Principal to high school teacher is that students desire genuineness and spot a phony a mile off. High school students desire respect, and I give it to them, and thus earn theirs. My desire is to be an example of Civic and Christian virtues that our society is in great need of, and my short time in their lives will be a legacy that will live on longer than I will. My reward in teaching is observing each student come to a basic knowledge of US Government and seeing the light come on, that my subject is not boring, but exciting and challenging.”

The Tennessee Teacher of the Year Program is designed to promote recognition, respect and appreciation for teachers; to stimulate interest in teaching as a career; and to encourage public involvement in education.

This program is sponsored annually by the Tennessee Department of Education and the Niswonger Foundation.

The Tennessee Teacher of the Year represents Tennessee at the National Teacher of the Year competition, which is sponsored by the Council of Chief State School Officers and Scholastic, Inc.

Teachers of the Year are selected competitively through five cycles: Building, System, Field Service Center Region, Grand Division and State; and from three categories (levels of teaching); Grades Pre K-4, 5-8, 9-12.

Teachers selected at each cycle receive local recognition and awards underwritten by local sources. State recognition/awards include a banquet honoring the nine State Teacher of the Year finalists and certificates of appreciation from the Governor. In addition, the State Finalists and the State Teacher of the Year receive cash awards from the Niswonger Foundation.

The Tennessee Teachers of the Year will be selected in each category during voting in August.

Freddy and his wife, Trena, reside in Smithville, and have four grown sons – Matthew, Trent, Casey, and Evan Curtis. They have two grandchildren, Ella Mae – age 3 and Elliott age 7 months.

Four Indicted for TennCare Fraud

April 11, 2014
by: 
Dwayne Page
Jackie Blake Sanders
 Kenneth Bain, Sr
Lisa Lue Summers
Michael Shone Saylors

Four persons have been named in sealed indictments charged with TennCare Fraud.

The DeKalb County Grand Jury returned indictments Monday against 30 year old Jackie Blake Sanders of Crestlawn Avenue, Smithville; 59 year old Kenneth Bain, Sr. of Old West Point Road, Smithville; Lisa Lue Summers of Cookeville Highway, Smithville; and 35 year old Michael Shone Saylors of West Main Street, Smithville. They were all arrested Wednesday. Bond for each is $5,000 and they will be arraigned Monday in DeKalb County Criminal Court.

Sheriff Patrick Ray said each of the four cases resulted from a recent undercover drug investigation conducted by the Sheriff's Department.

The indictment against Sanders alleges that "on or about October 21, 2013, he did unlawfully, intentionally and Knowingly sell and deliver a controlled substance obtained through TennCare (Oxycodone), constituting the offense of TennCare Fraud".

Bain's indictment alleges that "On or about October 2, 2013 he did unlawfully, intentionally, and knowingly sell and deliver a controlled substance obtained through TennCare (Morphine Sulfate) constituting the offense of TennCare Fraud."

The indictment against Summers alleges that "On or about December 4, 2013, Summers did unlawfully, intentionally, and knowingly sell and deliver a controlled substance obtained through TennCare (Hydrocodone) constituting the offense of TennCare Fraud."

Saylors' indictment alleges that "On or about October 7, 2013, he did unlawfully, intentionally, and knowingly sell and deliver a controlled substance obtained through TennCare (Hydrocodone), constituting the offense of TennCare Fraud."

State Lawmakers Pay Tribute to DCHS Valedictorian and Salutatorian

April 10, 2014
by: 
Dwayne Page
Kelsey Evins
Ashley Barnes

The State House of Representatives has adopted resolutions paying tribute to the DCHS Class of 2014 Valedictorian Kelsey Evins and Salutatorian Ashley Barnes.

The resolutions were sponsored in the State House by Representatives Terri Lynn Weaver and Mark Pody and were adopted by a vote of 97 to 0 on Wednesday. The State Senate is also expected to adopt the resolutions, sponsored by State Senator Mae Beavers.

Evins and Barnes will be formally presented copies of the resolutions by Representatives Weaver and Pody and Senator Beavers at a soon to be announced breakfast or luncheon.

The resolution honoring Evins is as follows:

"A RESOLUTION to honor and recognize Kelsey Evins, 2014 Valedictorian of DeKalb County High School.

WHEREAS, it is fitting that the members of this General Assembly should pause to pay tribute to those students who, through their natural talents and unflagging commitment to academic excellence, have distinguished themselves in the classroom; and

WHEREAS, Kelsey Evins is one such exceptional student who was recently named Valedictorian of the 2014 graduating class at DeKalb County High School; and

WHEREAS, through diligent study, steady composure during examinations, and steadfast commitment of time and talent, Kelsey achieved outstanding academic success and joined the ranks of the best and brightest students in Tennessee and our country; and

WHEREAS, in her remarkable high school career, Kelsey earned an exemplary grade point average while participating in numerous extracurricular activities, including Literature Club, Senior Beta Club, and Student Council; and

WHEREAS, Kelsey’s display of intellectual aptitude and ambition surely bodes well for her future success as a student at Vanderbilt University; and

WHEREAS, Kelsey’s noteworthy achievement is a tremendous source of pride for her parents, Dub and Edie Beth Evins, her school, and her community; and

WHEREAS, Kelsey’s dedication to excellence is clearly deserving of the respect, admiration, and commendation of this legislative body; now, therefore,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby commend and honor the 2014 DeKalb County High School Valedictorian, Kelsey Evins, on her impressive academic achievement and extend to her our best wishes for a happy, successful future."

The resolution honoring Barnes is as follows:

"A RESOLUTION to honor and recognize Ashley Barnes, 2014 Salutatorian of DeKalb County High School.

WHEREAS, it is fitting that the members of this General Assembly should pause to pay tribute to those students who, through their natural talents and unflagging commitment to academic excellence, have distinguished themselves in the classroom; and

WHEREAS, Ashley Barnes is one such exceptional student who was recently named Salutatorian of the 2014 graduating class at DeKalb County High School; and

WHEREAS, through diligent study, steady composure during examinations, and steadfast commitment of time and talent, Ashley achieved outstanding academic success and joined the ranks of the best and brightest students in Tennessee and our country; and

WHEREAS, in her remarkable high school career, Ashley earned an exemplary grade point average while participating in many extracurricular activities, including Student Council, Beta Club, Literature Club, Science Club, Spanish Club, and basketball; and

WHEREAS, Ashley’s display of intellectual aptitude and ambition surely bodes well for her future success; and

WHEREAS, Ashley’s noteworthy achievement is a tremendous source of pride for her parents, David and Suzette Barnes, her school, and her community; and

WHEREAS, Ashley’s dedication to excellence is clearly deserving of the respect, admiration, and commendation of this legislative body; now, therefore,

BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED EIGHTH GENERAL ASSEMBLY OF THE STATE OF TENNESSEE, THE SENATE CONCURRING, that we hereby commend and honor the 2014 DeKalb County High School
Salutatorian, Ashley Barnes, on her impressive academic achievement and extend to her our best wishes for a happy, successful future."

Petty Indicted for Attempted Murder of Sheriff's Deputies

April 9, 2014
by: 
Dwayne Page
Randy Gerald Petty

A man who was shot after drawing a weapon on two officers of the DeKalb County Sheriff's Department last May has been indicted on two counts of attempted first degree murder.

The DeKalb County Grand Jury on Monday returned a sealed indictment against 55 year old Randy Gerald Petty. He was arrested without incident by agents of the Tennessee Bureau of Investigation on Wednesday. He is under a $100,000 bond and will be arraigned next Monday, April 14 in DeKalb County Criminal Court.

On May 23, 2013, Deputies Jeremy Taylor and Erik Russell responded to a 911 call of shots being fired at 255 Petty Road in Smithville. There, while standing at the rear of Deputy Taylor’s vehicle, Deputy Russell saw and heard something off to his side. Using his flashlight, Russell spotted Randy Petty pointing a scoped rifle at the two deputies. Both of them drew their weapons and fired, striking Petty several times in his extremities. He later recovered from his wounds.

At the request of District Attorney General Randy York, the TBI began investigating the case on May 23, 2013.

The two count indictment against Petty states that "On or about May 23, 2013, Petty intentionally and with premeditation did attempt to kill Jeremy Taylor and Erik Russell, constituting the offense of attempted murder in the first degree

Coach Danny Bond Gets 600th Career Softball Win

April 9, 2014
by: 
Dwayne Page
Coach Danny Bond with players and assistant coaches
Coach Danny Bond

DeKalb County High School Tigerette Coach Danny Bond got his 600th career victory as head softball coach Tuesday with a 14 to 0 win over York Institute at Jamestown.

Bond is the only coach the Tigerette program has had since it began in 1986. In twenty eight seasons the programs district win-loss record is 254-53 (.827). The overall win-loss record is 578-236 (.710). Under Coach Bond, the program has won fourteen regular season district titles, twelve district tournament titles, made twenty one region tournament appearances, has won four region tournament titles, made nine sub-state appearances, won five sub-state titles, and made five state tournament appearances. Coach Bond has been named District Coach of the Year eleven times and he has one Mid-State Coach of the Year and one T.A.C.A. Coach of the Year honor.

This year's team has compiled an overall record of 22-1 to date and are champions of the Gordonsville and Macon County Invitational Tournaments.

In the game Tuesday, DeKalb County scored fourteen runs on eleven hits and made no errors. York Institute was held scoreless on one hit with one error. Lauren Colwell was the winning pitcher.

The Tigerettes scored two runs in the first inning, seven runs in the second, one run in the third, and four runs in the fourth inning.

Tyra Graham had three singles, Danielle Tyson had two singles, and Shauna Taylor, Reagan Patton, Maddie Dickens, Dani Meadows, Kayley Caplinger, and Lauren Colwell each had a single.

The Tigerette's remaining schedule is as follows:

WEDNESDAY, APRIL 9: MACON COUNTY: 4:30 p.m. AWAY
THURSDAY, APRIL 10: *CENTRAL MAGNET (DH): 4:30 p.m. HOME
MONDAY, APRIL 14: GRUNDY COUNTY (DH): 4:30 p.m. HOME
TUESDAY, APRIL 15: MACON COUNTY & (JV): 4:30 p.m. HOME
THURSDAY, APRIL 17: *LIVINGSTON & (JV): 4:30 p.m. AWAY
FRIDAY, APRIL 18: GRUNDY COUNTY (DH) 2:00 p.m. AWAY
TUESDAY, APRIL 22: *CANNON COUNTY (JV): 4:30 p.m. HOME
THURSDAY, APRIL 24: *SMITH COUNTY (JV): 4:30 p.m. HOME
FRIDAY-SATURDAY, APRIL 25-26: COFFEE COUNTY TOURNAMENT: 4:30 p.m. MANCHESTER
MONDAY, APRIL 28: *UPPERMAN & (JV): 4:30 p.m. AWAY

THURSDAY-THURSDAY, MAY 1-8: DISTRICT 8AA TOURNAMENT TBA BAXTER
MONDAY, MAY 12: REGION 4AA SEMI-FINALS TBA
WEDNESDAY, MAY 14: REGION 4AA FINALS
FRIDAY, MAY 16: SECTIONALS (SUBSTATE)
TUESDAY-FRIDAY, MAY 20-23: TSSAA STATE TOURNAMENT TBA MURFREESBORO

Grand Jury Returns Indictments

April 8, 2014
by: 
Dwayne Page

The DeKalb County Grand Jury returned indictments against fifty nine people Monday including ten who were named in sealed indictments. The names of those in sealed indictments cannot be revealed until they are arrested.

The defendants will be arraigned in DeKalb County Criminal Court on Monday, April 14.

The list of persons indicted and their charges are as follows:

Richard S. Adams: driving on a revoked driver's license (2 counts), financial responsibility, and violation of the light law

Scott Richard Adams: theft over $1,000 and introduction of contraband into a penal institution

Amanda Maxwell Bain: theft under $500

Robin Ann Baquedano and Jonathan Nellums: theft over $60,000

Berna Dean Barnes: possession of paraphernalia

Russell Blackwell: aggravated assault and aggravated burglary

Jessica Renee Bogle: evading arrest

Elizabeth Rochelle Bradshaw: child neglect (2 counts)

Robert Brian Callahan, II and Tony J. Starkes, Jr.: aggravated robbery, aggravated kidnapping, and theft under $500

Jamie Scott Campbell: assault

Thomas K. Copenhaver: aggravated sexual battery

Brady Gordon Cunningham: theft over $10,000, driving under the influence (4th offense) and possession of a schedule IV drug

Steven Dale Davidson: theft over $1,000

Johnny Lynn Devault: theft under $500 (2 counts)

Rickey Lynn Devault: aggravated assault

Duane Kaimana Edlao: possession of a schedule VI drug for resale

Killian Blake Ellis: domestic assault and driving on a suspended license

Killian Blake Ellis and Martha Shelyane Silcox: vandalism over $1,000 (5 counts) and theft under $500 (5 counts), vandalism over $500

Jennifer Ferrell: theft over $1,000

Timothy Wade Ford: initiation of methamphetamine

Elizabeth Collette Gardenhire: theft under $500

Rodney H. Gora and Steven Dale Davidson: aggravated burglary and theft over $500

Don Dimond Groshon and Lynda Neville: aggravated burglary and theft over $1,000

Don Dimond Groshon: driving on a suspended license

Lynda Michelle Neville: theft under $500

James Handy: theft under $500, criminal trespass, and theft over $1,000

Tracy Haynes: evading arrest

Robin Lee Lawson, II: burglary, theft over $1,000, and public intoxication

Lori A. Lewis: passing a forged prescription

Mindy Celas Magouirk: driving on a suspended license

Amanda Gail Maxwell and Charles Wayne Reagan: aggravated robbery, aggravated kidnapping, aggravated assault, and theft over $1,000

Lance R. Miller: theft over $10,000

Christopher S. Mooneyham: aggravated burglary, public intoxication, driving under the influence (2nd offense) and driving on a revoked license

Scott Moore: assault

Skyelor Patrick: aggravated assault (2 counts)

Virginia D. Presnell: false report

Stephen Hunter Pugh: driving under the influence (2nd offense), driving on a revoked license (2 counts), possession of paraphernalia, failure to maintain lane, financial responsibility, and failure to wear a seatbelt

Michael Ray Reeder: possession of a schedule VI drug for resale

Johanna Rojas: driving without a license and financial responsibility

Raymond Austin Simpson: assault and theft over $500

James Frederick Summers: theft under $500, criminal trespass (2 counts), driving on a revoked license (4th offense), financial responsibility, and registration violation

Shannon E. Tayes: driving under the influence, failure to maintain lane, and violation of implied consent

Jeremy Robert Vaughn: driving on a suspended license and financial responsibility

Jeremy Robert Vaughn and Lilliedee Rose Six: auto burglary and theft under $500 (3 counts)

Abigail Vogel: theft under $500

Kristie Renea Waggoner: driving under the influence (2nd offense)

Zack Walker: aggravated burglary and theft under $500

Autumn D. White: Driving on a suspended license, criminal impersonation, violation of the seatbelt law, and financial responsibility

Gary E. Woodard: driving under the influence, driving on a suspended license, violation of the seatbelt law, financial responsibility, and open container

Annexation Adopted on First Reading

April 8, 2014
by: 
Dwayne Page
Map of Annexed Area

The Smithville Aldermen Monday night adopted on first reading a proposed ordinance to annex six parcels of property and a portion of another parcel as well as the right of way of Old Snow Hill Road and part of Nashville Highway (Highway 70) on the west side of the city.

(TO VIEW CLOSE UP OF ANNEXATION MAP CLICK PDF LINK BELOW)
annexation map_0.pdf (341.79 KB)

The aldermen also approved on first reading an ordinance to amend the zoning map of the city to include three of these parcels in the R-1 Residential Zone along with a portion of the Right of Way on the Old Snow Hill Road.

A third ordinance was adopted on first reading to amend the zoning map to include the remaining parcels in the B-2 General Business District as well as a portion of the right of way of Nashville Highway (Highway 70).

The annexation and zoning ordinances will be scheduled for passage on second and final reading at the next city council meeting on Monday, May 5 at 6:00 p.m. at city hall. The ordinances would become effective thirty days following final passage.

If given final approval, the properties Ed Young, Mike Foster, Dr. David Foutch, Pat Walls, John Kilgore, and Jim Beshearse would be annexed. The area includes almost seventeen acres on the south side of Highway 70 from the existing city limits to near the intersection of Highway 83 (New Home Road). It would take in the Kilgore's restaurant property, which belongs to Foster; Dr. Foutch's Eye Care office; and parcels of land belonging to Kilgore and Beshearse. Facing the Old Snow Hill Road, the residential properties of Beshearse, Walls, and Foster would be annexed. On the northside of Highway 70, another fourteen acres of undeveloped land belonging to Ed Young would be annexed along with the old Beshearse grocery store building. Young's property is located across the highway from Kilgore's Restaurant.

Due to a state moratorium on annexation, the city cannot take the initiative on its own without a request. The property owners had to petition the city for annexation.

The Smithville Municipal Planning Commission reviewed the plan and voted last month to send a recommendation to the mayor and aldermen that the proposed annexation and zoning be approved.

State law further requires that all annexations include a Plan of Services (POS). The POS outlines those services, such as sewer, that will be made available to the land being annexed and the timeframe within which services and/or amenities will be provided.

The aldermen Monday night approved a resolution adopting a plan of services for the annexed area.

The (POS) includes the following:

A. Police
(1). Patrolling, radio responses to calls, and other routine police services, using present personnel and equipment, will be provided immediately on the effective date of annexation.

(2) Traffic signals, traffic signs, street markings, and other traffic control devices will be installed as the need is established by appropriate study and traffic standards and in accordance with the policies of the Public Works Department.

B. Fire

(1) Fire protection will be provided immediately upon annexation by the present personnel and equipment of the Smithville Fire Department.

C. Water

(1) Water lines, which are currently provided by DeKalb Utility District, will continue to provide water to these customers after the annexation.

D. Sanitary Sewer System

(1). Sewer service will be provided when future sewer lines are extended within the annexed area either by the City of Smithville or property owners. Extensions of sewer lines are subject to the Smithville Capital Improvements Program.

E. Street Construction and Repair

1. If applicable, routine maintenance on the same basis as in the present City will begin in the annexed area in approximately six months of annexation.

2. If applicable, reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curbs and gutters, and other such major improvements, as the need therefore is determined by the governing body will be accomplished under established policies of the City.

F. Solid Waste Collection and Disposal

(1). The same regular solid waste collection and disposal services provided within the City of Smithville will be extended to the annexed area immediately upon the effective date of the annexation and subject to practices and policies of the City of Smithville.

G. Recreation and Community Facilities

(1) Residents of the annexed area may use all existing recreational facilities, parks, library, etc, upon the effective date of annexation.

H. Inspection Services

(1). Inspection services ensuring code compliance of new construction in new developments will be consistent with current policies provided by the City of Smithville in the annexed area immediately after the effective date of annexation.

I. Planning and Zoning Services.

(1) The planning and zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. The City planning jurisdiction will encompass the annexed area.

(2). Enforcement of the subdivision regulations, street design criteria, and the flood damage prevention ordinance shall be extended to the annexed area upon the effective date of the annexation.

J. Building Codes

(1) Building codes will be extended to the annexed area on the effective date of annexation, with the exception of construction already in progress and permitted by DeKalb County.

K. Other Miscellaneous Services

(1). Other services such as general governmental administration, etc. will be in effect immediately upon the effective date of annexation.

City Attorney Calls for Update of Beer Ordinance

April 8, 2014
by: 
Dwayne Page
Vester Parsley
W.J. (Dub) White
Shawn Jacobs

Questions about enforcement of the city's beer ordinance were raised again Monday night during the monthly meeting of the Mayor and Board of Aldermen.

Former alderman W.J. (Dub) White came before the mayor and aldermen last month complaining that stores licensed to sell beer in the city were being allowed to display beer advertisements within their stores in a manner which can be clearly seen from the streets, apparently a violation of the city's beer ordinance.

City Attorney Vester Parsley, Jr. said last month that he would have a definite answer to White's concerns by the April meeting but was concerned that this provision in the beer ordinance may be unconstitutional, improperly restricting freedom of speech.

White addressed the mayor and aldermen again Monday night, seeking Parsley's answer. "I'd like to know what has been done about advertising beer?"

The city's beer ordinance states " It shall be unlawful for any beer permit holder to advertise within the business establishment in any manner visible from off the premises of said establishment the price or location of beer on the premises of the establishment".

In response, Parsley said he thought the existing beer ordinance needs to be updated because there are portions of it that may be unenforceable. "It is my recommendation tonight to the city council that the city or beer board go back and have a workshop with MTAS (Municipal Technical Advisory Service) to look at amending or modifying our current ordinance. The ordinance is out of date. It has sections that are not applicable anymore because we have already changed by ordinance the times of operation and the fact that you can serve beer in restaurants. There is also a statute (state law) that we're not in compliance with which would allow people who sell beer to have a generic sign outside of their business that says they sell beer. It is my recommendation that the beer board get together with MTAS to help develop a new ordinance which would be in compliance with the current ordinance that we have changed (amended) and in compliance with state law. Until that is done, I don't think any action should be taken," he said.

Referring to the city's legal battle with the DeKalb Utility District, Parsley said the city has already lost a court fight over an outdated ordinance and he doesn't want the city to possibly have to be in a similar position again if someone were to bring a legal challenge to the validity of the beer ordinance.

Even if the city were to update its beer ordinance, White contended that the city must enforce the ordinance it has now in the meantime. "You have to go by the old ordinance until you get a new ordinance fixed up," said White.

"It's been on the books for several years but in my opinion there are provisions of this beer ordinance that are certainly not enforceable and questionable," Parsley responded.

If the ordinance is changed, Alderman Shawn Jacobs said he wants the city to keep a provision that would continue to require beer permit holders to meet the $25,000 wholesale value grocery stock inventory requirement. Currently stores are responsible for furnishing the city a certified inventory each year. The city, however, never does its own investigation or inventory to make sure the stores are in compliance. "Whether we want to admit it or not there is a giant pink elephant in this room and that is we have one store that has nowhere near $25,000 worth of inventory. It may be certified but it doesn't take a rocket scientist to figure out that they don't (comply). I think that needs to be left in the statute and I think it needs to be enforced," said Jacobs.

"They bring us a certified copy (each year) that it (their inventory) is $25,000," said Mayor Jimmy Poss

"We can walk in there (store) and know that is not true," answered Alderman Jacobs. "It is our duty. It is our sworn duty as members of this body to enforce the laws of the city. I understand completely what Mr. Parsley is saying and I do agree that we need to clean up the ordinance and to make sure it's constitutional and up to date. But I believe we do need to enforce the stipulations of the ordinance that we wish to keep. One that I personally wish to keep is that they (stores) remain required to have the $25,000 worth of grocery inventory. We have one (store) that obviously doesn't. Another one questionably does. I'll bet one (of the stores) doesn't have $5,000 worth of inventory. I've gotten calls on this not just from Mr. White but from other members of the community as well," said Alderman Jacobs.

Parsley said if the city were to do an independent inventory to ensure compliance, it would have to include all stores that sell beer and that would be costly to the city. "Our ordinance actually says we must take an inventory (from the stores) by April 15th of each year. It's a certified inventory done by someone from outside the city. In the past we've always taken them (accepted inventories from the stores). In order for us (city) to do an inventory, we would have to do all of them and that could get very expensive in time and personnel. But those are things that need to be cleaned up (in the ordinance)," Parsley concluded.

Under the city beer ordinance, "Before a beer permit is issued, the applicant must show proof of ownership of $25,000 (Wholesale Value) in grocery stock, excluding all tobacco products, gasoline, petroleum products, antifreeze, and beer. Further, should a beer permit be granted to an applicant, the beer permit holder must maintain at all times on the premises where beer is sold a minimum grocery stock of $25,000 (Wholesale Value), excluding all tobacco products, gasoline, petroleum products, antifreeze and beer. The holder of a beer permit must provide at least one inventory per year to the Smithville beer board, said inventory to be submitted no later than April 15 of each year. Moreover, the inventory submitted annually to the Smithville beer board by the permit holder shall be performed by a business entity whose principal or predominant business is that of conducting inventories. Further, the accuracy of said inventory shall be sworn to and affirmed before a Notary Public by the agent or employee of the business entity retained to conduct the inventory. Moreover, the Smithville beer board shall have the authority to request additional inventories during the year, and each holder of a beer permit shall be obligated to provide the Smithville beer board with any requested inventory."

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