Smithville Mayor and Aldermen Discuss Amending City Beer Ordinance

August 21, 2024
By: Dwayne Page

Should the Smithville Mayor and Aldermen update the city’s beer ordinance to make it easier for businesses including eateries in the downtown business district to sell the beverage?

During a workshop Tuesday evening, the Mayor and Aldermen met to discuss the issue and the first step toward a final decision is expected when the board meets in regular monthly session next month.

Under the existing ordinance, the language states that “In no event will a permit be issued authorizing the manufacture or storage of beer, or the sale of beer within 400 feet of any school or church. The distance requirement shall be measured in a straight line from the primary entrance of the establishment seeking a permit to sell beer to the primary entrance of the school or church”.

Some business owners downtown who are seeking a change say the existing beer ordinance is an impediment to economic growth and its unfair in that some businesses can qualify for a beer permit while others cannot because of the 400-foot distance requirement. They want this restriction removed from the ordinance.

Mayor Josh Miller said putting the question on the ballot for a referendum is not an option.

“We questioned if we could put it on a referendum but that was shot down by the state. Administrator of Elections Dustin Estes checked that out and found that it had to be approved or not approved by the council,” said Mayor Miller.

The mayor further explained that if this ordinance is amended concerning the distance requirement it would only pertain to the C-2 zone which is the downtown business district and none of the other existing regulations in the ordinance would be changed.

“We are not talking about changing this for the whole town and nothing is changing on any ordinance other than that 400-foot requirement” he said.

“With the way downtown has been booming and growing in the past few years and continues to do so why would we not entertain the idea” asked Alderman Jessica Higgins. “I understand there will be people against it and I am happy to hear from them who come to speak but anytime on Sunday after church you find many people at places like Applebee’s, O’ Charleys’, Cheddars, and Twisted Oaks” (where they serve alcohol). The idea that people are going to get drunk and pour out into the streets hasn’t happened with the businesses already serving it downtown. I think what is important to focus on is that our downtown is growing and thriving, and it can go to another level,” said Alderman Higgins.

“I have never been in a restaurant that sold alcohol and seen anybody in there drunk,” said Alderman Danny Washer. “You don’t go in there to get drunk. You go in there to eat a meal and if you want to have an alcoholic beverage with it that’s fine. A lot of people that have talked to me about it like the idea and there are not that many places in town where you can have anything like that but people want a choice,” he said.

“What I am really frustrated about is that we can’t make it a city issue (referendum) and let the people vote on this because it affects more than five people (aldermen),” said Alderman Beth Chandler. “It bugs me that only five people make this decision because I care about everybody, and I have had a lot of feedback from this. I have had people venomously on both sides reach out to me. I just want everyone to know that whichever way I vote I do care about this city, and I hate to make 50% of them mad no matter what I do,” she said.

There are four churches within the C-2 zone downtown business district that could potentially be affected by a change in the city beer law regarding the distance requirement including the Smithville First Baptist Church, the Smithville First United Methodist Church, the Smithville Cumberland Presbyterian Church, and the Refuge Church.

The mayor and aldermen will consider the issue again during the next regular monthly meeting on Monday, September 9 at 6 p.m. at city hall. A public hearing would be held at a later meeting should the ordinance amendment be approved on first reading.

Prior to the workshop, Smithville Aldermen-Elect Shawn Jacobs, Danny Washer, and Jessica Higgins each took the oath of office in a brief ceremony Tuesday evening at city hall. The oath was administered by City Attorney Vester Parsley. All three were re-elected without opposition in the Municipal Election August 1. Their new four-year terms will begin officially on September 1.

August 20, 2024
By: Dwayne Page

Smithville Police recently arrested a Sparta woman after finding her intoxicated with a weapon and methamphetamine.

32-year-old Hope Leigh Hicks is charged with driving under the influence, possession of a handgun while under the influence, violation of bond conditions, and possession of methamphetamine with intent to manufacture, sell, or deliver. Her bond is $21,500.

Chief Mark Collins said that on July 31 police were summoned to South College Street where a woman was reported to be slumped over the wheel of a vehicle with the motor running. Upon arrival the officer awoke the woman, Hicks and got her out of the vehicle. She was unsteady on her feet. Hicks’ speech was slurred, and her eyes were red and watery. She consented to but performed poorly on field sobriety tasks. A small bag of a crystal-like substance was found in the vehicle along with a loaded nine-millimeter handgun. Police learned that Hicks was under bond conditions from an aggravated assault case preventing her from having possession of a firearm. She was placed in custody and a blood sample was taken from her.

30-year-old Alexis Nandez of Smithville is charged with a second offense of driving under the influence, simple possession of a schedule VI drug, possession of drug paraphernalia, evading arrest, resisting arrest, and he was cited for driving on a revoked license, financial responsibility, and driving on roadways laned for traffic.

Chief Collins said that on August 4 police tried to pull over a vehicle on East Broad Street for failure to maintain its lane of travel, but the driver refused to stop. The automobile continued on East Broad then turned onto Smith Road and into a driveway before driving through a yard and coming to a stop. Several times, officers ordered the driver, Nandez to get out of the vehicle but he refused. They had to physically remove him from the automobile. Nandez smelled of alcohol and his speech was slurred. Nandez admitted to having consumed alcohol earlier. During a search of the vehicle, police found a pipe along with a green leafy substance believed to be marijuana. His bond was set at $18,500 and he will be in court August 22.

37-year-old William Dillon Weaver of Woodbury is charged with driving under the influence, and he was cited for violation of a traffic control device.

Chief Collins said that on August 4 an officer pulled over a vehicle for failing to stop for the red light at the intersection of Broad Street and Congress Boulevard. Upon arrival, the officer spoke with the driver, Weaver who smelled of alcohol. His speech was slurred and his eyes watery. Weaver said he had just left Turtle’s Bar where he had consumed several beers. Weaver submitted to but performed poorly on all field sobriety tasks. Weaver was then placed in custody and a search warrant was obtained for a sample of his blood. Bond was set at $2,500 and his court date is August 22.

45-year-old Melinda Myers of Smithville is charged with public intoxication. Chief Collins said that on August 6 police were dispatched to Fall Creek Drive where a woman was reported to be engaging in threatening behavior toward her neighbors. Upon arrival, officers found Myers in the road yelling and cussing at others. Myers continued acting in an aggressive and irate manor even as officers tried to speak with her and she smelled of alcohol. Her bond is $1,500 and she will make a court appearance August 22.

54-year-old Myrna Michelle Byars of McMinnville is charged with public intoxication, simple possession of a schedule IV drug and possession of a schedule V drug with intent to manufacture, sell, or deliver.

Chief Collins said that on August 10 officers were summoned to the emergency room of the hospital where a woman was reported to be acting erratically. Upon arrival, police found her in the parking lot by her vehicle with all its doors open. She said snakes were in her vehicle. Although the officers assisted her in looking, no snakes were found. Byars appeared to be intoxicated. During a search of her and the automobile, police found several prescription pills in baggies, unmarked prescription bottles, and wrappers. Byars was placed under arrest. Her bond was set at $12,000 and she will be in court August 22.

36-year-old Dameria White of Smithville is charged with domestic assault. Chief Collins said that on August 14, officers were dispatched to Windham Street due to a domestic complaint. Upon arrival they spoke with the victim and found evidence of an assault. White was determined to be the primary aggressor. Bond was set at $3,500 and the court date is August 27.

August 19, 2024
By: Dwayne Page

Should the county consider issuing a $110,000,000 bond for building a judicial center and a school if the proposed $65 million bond issue for only a judicial center is rejected and would the public embrace such an effort?

County Mayor Matt Adcock raised the idea with members of the county commission’s public works committee during a meeting Thursday night.

According to Adcock, the county’s fiscal agent Steve Bates recently came up with the suggestion as a means of addressing both projects in just one bond without an additional property tax increase. The recent tax hike of 51 cents for debt service would support the judicial center construction (up to $65 million) while available local option sales tax funds would be used to fund the debt for a new school (Pre-K to 2nd Grade) now estimated to cost more than $53 million.

“I have spoken with Steve Bates about a school now that we have the updated cost for the school of over $53 million,” said County Mayor Adcock. “He (Bates) said it wouldn’t make much sense to take out two bonds, so he is talking about combining those. He thinks one reason why it ($65 million bond) was petitioned is because people want a school and were afraid we were putting a justice center over a school. He (Bates) said this is just an option of combining two bonds. That would be a $110 million bond (30 years) but that too, like the $65 million bond, could be subject to a public challenge by petition,” County Mayor Adcock explained.

“The thought behind this was if the school was the issue with the $65 million bond, we could combine the bonds together at $110 million and it would only be for a school and justice center. It wouldn’t include emergency vehicles, etc. It would only be for those two projects. This isn’t anything you have to vote on. It was just something Steve threw together as an idea to make both projects work at the same time and just have it all in one bond instead of two bonds,” Adcock explained.

“We did some figuring on these numbers. With the tax rate we have already passed and the sales tax agreements we have if we combine our sales tax proceeds with the property tax we have already passed and the bond proceeds that would come and interest off the bond itself we could do it without adjusting the tax rate again. There would be no more increase beyond what we have already done,” said County Mayor Adcock.

In order for such a joint project (judicial center/school) to be undertaken under a new $110 million bond, the current bond resolution calling for the county to borrow up to $65 million for just the judicial center would either have to be killed off by the county commission this month or placed on the ballot and defeated in the November election.

In June the county commission adopted an initial bond resolution for up to $65 million in issuance of General Obligation Bonds to build a judicial center but less than a month later a petition signed by more than 10% of registered voters protesting the move was submitted to and certified by the election commission clearing the way for a referendum subject to action by the county commission calling for a public vote. The county commission is to make its decision on such a referendum during its next regular monthly meeting on Monday, August 26 at 6:30 p.m. at the county complex auditorium.

The suggestion for funding both judicial center and new school under one bond issue was met with some skepticism by members of the committee. No vote was taken.

“I think this number would scare the hell out of people,” said committee member Tom Chandler. “The perception is going to be that we’re attaching the school trying to make the justice center happen. I would be in favor of just letting the justice center stand and then wait and see what happens in November and go from there,” said Chandler.

“I don’t like tying them together either. That’s not going to work,” said member Myron Rhody. “The public is not going to buy that trying to slide something in. Its like putting an amendment to a motion”.

“I don’t think we’re doing our due diligence to our community by putting two projects like that together when we already have all these people who have signed a petition for whatever reason they signed. Its like us saying to heck with what you did (petition signees) we’re going to put it back in there and then do this. That’s just my personal opinion,” said member Sabrina Farler.

Like Chandler, other members of the committee seemed in favor of the county commission voting to put the $65 million bond issue question on the ballot for the public to decide in November.

“I’ll vote to put it on the ballot,” said member Glynn Merriman.

“Ultimately that’s what the petition was all about to put the issue on the ballot and not doing that seems to me would be us ignoring the petition. The petition was not yes or no. The petition was we want this on the ballot, and I think that’s what we need to do (authorize the referendum),” said member Mathias Anderson.

The total uses of funds for a new school and judicial center as prepared by Bates would actually be $119, 532, 840 (estimates) and broken down as follows:

Uses of funds:
Costs of Issuance-$3,039,135
Deposit to Judicial Center Construction Fund- $63,000,000
Deposit to School Construction Fund-$53,000,000
Contingencies: $493,705
Total Uses of Funds- $119,532,840

Sources of Funds:
Bond proceeds- $110,000,000
Local Purpose Contribution (Local Option Sales Tax)- $5,500,000
Original Issue Premium- $4,032,840
Total Sources of Funds- $119,532,840

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