Grandfathered? (View Video Here)

December 26, 2024
By: Dwayne Page

Grandfathered?

Since October when the County Commission adopted the County Powers Act with a set of regulations the discussion began among some about whether it applies to three companies in particular, Jones Brothers Alexandria Quarry, SRM Smithville Quarry, and McMinnville Energy Crypto currency mining.

During Monday night’s regular monthly meeting, the county commission voted 8 to 2 to have County Attorney Hilton Conger send all three companies a letter with an application as per the county powers act. A letter had already been sent to Jones Brothers. On the application the companies may request an exemption and explain why they should be grandfathered. It would then be up to the county whether or not to grant the request.

Commissioners voting to send the letters with an application were Tom Chandler, Sabrina Farler, Myron Rhody, Tony Luna, Tony (Cully) Culwell, Larry Green, Glynn Merriman, and Beth Pafford. Commissioners Greg Matthews and Jeff Barnes voted no. Commissioners Andy Pack, Mathias Anderson, and Daniel Cripps were absent. Susannah Cripps’ seat is now vacant with her recent resignation.

“I know we sent the application for Jones Brothers to complete but it seems to me that it would be a good idea to send this application to the other businesses even if they would be grandfathered in. I think that is important for us to keep a record of that,” said Commissioner Pafford.

“There is a place on the application that states do you wish to be grandfathered in and If they answer that its up to us to decide if they can be grandfathered in,” added Commissioner Green.

Under the regulatory resolution, which was approved by the county commission on October 28 “No quarry, rock crusher or gravel pit, cryptocurrency mine, landfill, adult entertainment, or methadone clinic may be located within 5,000 feet of a residence, school, licensed daycare facility, park, recreation center, church, retail, commercial, professional, or industrial establishment. Measurements shall be taken from the nearest recorded property line of the business to the nearest property line or boundary of the foregoing”.

However, under the grandfather clause of the resolution, a provision in section VIII states that the distance requirements shall not apply to quarries, rock crushers or gravel pits, cryptocurrency mines, landfills, adult entertainment or methadone clinics “in existence and in operation” on October 28, 2024. Defining what “in operation” means is proving a topic for debate.

During the public comments period at the beginning of the meeting, County Attorney Hilton Conger was called into question about a potential conflict of interest regarding his advising the county commission on enforcement of the county powers act regarding the SRM quarry.

Michael Antoniak, a resident of Old Snow Hill Road, said he and Doug Walter met with Conger in his office last month and discussed SRM.

“On November 13, 2024 Doug Walter and I met with Hilton Conger in his role as county attorney. We presented evidence Mr. Walter uncovered to show why the SRM quarry should be subject to the county powers act as adopted and effective October 28, 2024. To our surprise during the course of that meeting the county attorney volunteered to us this his wife represented the sellers in the private sale of the land to the quarry as a real estate advisor. He also shared details of how the landowner was approached by an SRM representative, initially refused to sell the property, but agreed when the offer reached one million dollars. I only know what the county attorney told us. I don’t know who his wife is. But if this is true and can be verified it suggests enough potential for the appearance of a conflict of interest to warrant recusal on advising whether or not to enforce the county powers act against the SRM quarry,” said Antoniak.

Antoniak also questioned how that the county commission could have reached a consensus on whether to grandfather SRM and McMinnville Energy during an attorney client conference Conger had with the commission earlier this month.

“Last week the county attorney issued this statement to the local media: “As for SRM and McMinnville Energy it is a consensus of a majority of the commission that they would be grandfathered” At last week’s workshop I pointed out to the mayor and commissioners that the Tennessee Code requires that all votes must be public. Regarding attorney client privilege, any discussion regarding what action to take whether settlement or otherwise shall be in an open meeting or violate the state’s sunshine law to which County Mayor Adcock replied, “there was no formal vote on whether to accept or deny each business so there was no violation of the sunshine law” although, Antoniak said “the law references any discussion regarding what action to take If there was no vote, I have to wonder how you reached that consensus of a majority, and by what authority that statement was issued. I believe you should provide the public an explanation about where the commission stands and the decision-making process through the same local media channels which did their part by reporting the statement issued by the county attorney on behalf of the county commission,” said Antoniak.

Antoniak concluded his statement by thanking members of the commission for supporting passage of the county powers act. “I think it’s a real progressive step forward to where we need to be. We are finally doing something to protect our county, our homes, and our investments. I sincerely appreciate all of you who voted for that,” he said.

Doug Walter, also a resident of the second district, had planned to speak during the public comments period but because of a flight delay he could not attend the meeting. His prepared remarks were delivered by a neighbor, Valencia Garner. In the statement, Walter gave his account of the meeting he and Mike Antoniak had with the county attorney concerning SRM.

“On November 13, 2024 Mike Antoniak and I met with Hilton Conger regarding the quarry on Snow Hill and the fact the SRM had not applied for their TDOT permit prior to passage of the county powers act. Also, they had operated for a few days illegally without any Tennessee state permit and the state subsequently stopped them from operating. This happened again recently, and they were told to remove all equipment”

“I have learned attorney Conger has advised the commission to move forward on a cease-and-desist order from the Jones Brothers quarry in Alexandria, but they do not have the same for the SRM quarry on Snow Hill. The SRM quarry on Snow Hill is further behind on the application process than Jones Brothers and the county is willing to file a cease-and-desist order based on attorney Conger’s advice for one quarry and not the other”

“It is my contention that attorney Conger may have a conflict of interest in offering advice regarding the SRM quarry as he told Mike Antoniak and I while in his office without us asking that his wife handled the real estate transaction for the person that sold the land to SRM. If true, and I have no way of proving or disproving what he told us, I believe the commission may be best served seeking outside advice from another attorney regarding issuing a cease-and-desist letter to SRM as well. It makes sense that Jones Brothers will point this out in their rebuttal to the cease-and-desist order. If the commission is going to enforce the county powers act, you have a better chance of winning a battle in court with SRM than with Jones Brothers. It is my opinion that you need to fight both, or future businesses will learn of the inequity in your decision making and you will be engaged in future conflicts with other businesses that try to violate the county powers act, and you will not be able to say you have enforced it equally on all businesses,” wrote Walter.

Later in the meeting, Conger denied having any conflict of interest regarding SRM.

“I can assure the public and this commission that my wife was not involved in the sale of the property to SRM. As I understand what happened and it doesn’t come from my wife, Mr. (Mike) Hollingshead on his own visited with the owners of the property, asked them what they would accept for it, they told him how much they would accept for it, they shook on it, and that was the end of it as far as they were concerned. Mr. Hollingshead has his own title company and his own bank of lawyers. I was not involved in the sale of it, nor was my wife involved in the sale of it. After the sale was complete, after SRM owned the property outright, the owners Mr. McCoy and his partner did contact my wife and asked her to help them find another place to purchase but it had nothing to do with the sale of the property where the quarry is to SRM or Mike Hollingshead. The records are public,” said Conger.

Conger did not address Antoniak’s concern on how he (Conger) felt that the county commission may have reached a consensus on whether SRM and McMinnville Energy should be grandfathered under the county powers act.

Because his office plays a role in handling the application process under the county powers act, County Clerk James L. (Jimmy) Poss said he needed to be kept in the loop if letters are being sent out by the county attorney.

“If we are going to be issuing applications and permits, they need to leave out of our office,” said Poss. “If they are going to leave out of our office outside of us issuing them at the time it also needs to be included in any letter and application sent that they need to report that application back to us to collect that fee and for us to then in return turn it over to this board to decide what they are going to do with it,” added County Clerk Poss.

“I think the application has that in it,” said Commissioner Green.

The application to be sent to the three companies is as follows:

APPLICATION FOR LICENSE TO OPERATE QUARRYS, ROCK CRUSHERS, GRAVEL PITS,CRYPTOCURRENCY MINING, LANDFILLS, ADULT ENTERTAINMENT OR METHODONE CLINICS AS DEFINED IN RESOLUTION NO. 2024-10-115 IN UNINCORPORATED AREAS OF DEKALB COUNTY, TENNESSEE

 CERTIFICATION OF FAMILIARITY AND COMPLIANCE WITH RESOLUTION

 A copy of Resolution No. 2024-10-115 is attached to and incorporated in this Application by reference as Exhibit A. By signing this Application, the applicant certifies that he/she is familiar with Resolution No. 2024-10-115, and that his/her business is in compliance with same.

 INFORMATION REGARDING APPLICANT AND APPLICANT’S BUSINESS

1. Please state the type of business entity of applicant

Individual: _________’

Partnership: ___________

Limited Partnership: ___________

Limited Liability Company: _________

Joint Venture: __________________

2. Please state applicant’s full business name, tax identification number, telephone number and address.

Full Name Person/Entity: ________________________________

Tax I.D. Number: ___________________________________

Telephone No: _____________________________________

Current Address: ___________________________________________

                                       ___________________________________________

                                       ___________________________________________

1. Please state the name, relationship to applicant, telephone number, email address and current mailing address of the applicant’s person or agent to contact with regard to this application.

Name: ________________________________

Relationship to Applicant: ____________________

Phone No._________________________________

Email Address: _____________________________

1. Please state the name of the owner of the property and physical address of the property on which the quarry etc. is to be operated by the applicant.

Property Owner:_________________________________________________________________

Physical Address: _______________________________________________________________

    _______________________________________________________________

                _ _____________________________________________________________ 

1. Which of the following classifications as defined in Resolution No.2024-10-115 is to be operated by the applicant?

(a) Quarry: ______

(b) Rock Crusher: _______

(c) Gravel Pit: ________

(d) Cryptocurrency Mine:__________

(e) Landfill:__________

(f) Adult Entertainment:________

(g) Methadone Clinic:_______

6. Please attach a map which shows the physical extent of the quarry, rock crusher, gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic operation as to the area, along with a written description of the current activities being conducted on the property and the location where the current activities are taking place.
7. Grandfather Status. Are you claiming grandfather status under Resolution No. 2024-10-115?

Yes: _______________________

No._______________________

8. If your answer to Question 8 is “Yes”, please state when a quarry, rock crusher, gravel pit, cryptocurrency mine, landfill, adult entertainment or methadone clinic as defined in Resolution No. 2024-10-115 first began operation on the subject premises.

Date: _____________________________

9. Please attach your check made payable to DeKalb County in the amount of $150.00 for the Application Fee.

This ________________day of ___________________________202_____.                                                                                                                                                                                                                                                                      ________________________________________________________

(PRINT FULL NAME OF BUSINESS ENTITY APPLICANT.)

BY: ______________________________________________

Print Name and Title of Person Signing Application

______________________________________________

(Signature of Person Signing Application)

December 25, 2024
By: Dwayne Page

A move by the county commission Monday night to halt a study by the planning commission on developing a plan for county-wide zoning fell short.

Four members of the commission, Greg Matthews, Tom Chandler, Jeff Barnes, and Glynn Merriman voted to stop the study, but five members, Tony Luna, Sabrina Farler, Beth Pafford, Myron Rhody, and Larry Green voted to let the planning commission’s work continue. One member, Tony (Cully) Culwell abstained. Three members were absent, Andy Pack, Mathias Anderson and Daniel Cripps. Susannah Cripps’s position is now vacant with her resignation from the commission.

In September, the county commission voted 11-1 to authorize the county planning commission to begin the process of establishing criteria for zoning in DeKalb County outside the municipalities which already have zoning. But whatever the planning commission recommends, it would have to return to the county commission for a final vote on implementation followed by a public hearing on the issue.

One month later, the county commission adopted the County Powers Act and a set of regulations governing certain land uses including quarries, rock crushers, gravel pits, cryptocurrency mining, landfills, adult entertainment, and methadone clinics not already in operation.

Commissioner Matthews, an opponent of both zoning and the county powers act, made the motion Monday night to ask the planning commission to stop the zoning study since the county has already addressed some concerns raised by the public with adoption of the county powers act.

“We voted and the County Powers Act got passed a couple of months back. Since then, I would like the commission to decide tonight whether the planning commission should proceed with the zoning requirements. We have met the needs we have told the county residents (we would meet). I think we should stop and leave them (public) all the rights they have left. I think the commission should vote tonight either yes to proceed or no to let it die,” said Matthews.

Commissioner Tom Chandler offered a second to the motion.

Commissioner Beth Pafford said asking the planning commission to stop its work on at least doing a study would be a dereliction of duty.

“The planning commission will just be studying and then presenting to this county commission the options for zoning. The county commission has to approve that. The planning commission cannot start and enforce zoning without approval from the county commission. I think it would be a dereliction of duty to not pursue this to see what plan the planning commission comes up with. I do believe zoning helps afford another layer of protection for residents. The reason we see organizations and individuals coming in to take advantage of land here is because there has not been any kind of zoning,” said Pafford.

Commissioner Green said zoning addresses some issues not governed by the county powers act.

“There are some things the county powers act cannot do. We have had at least two developments including one in Belk and one on Potts Camp Road where a real estate company came in and bought the land, divided the land up into more than five acres and didn’t come to the planning commission and then sold the property and they walked away. Zoning would stop that because it would have to go before a zoning board to change that,” said Green.

Commissioner Chandler said the county cannot prevent people from making stupid decisions.

“Its buyer beware. You can’t protect people from being stupid. If you are going to buy a piece of property you ought to understand what you can and cannot get with that piece of property. The county commission cannot be spending time on trying to protect people from being stupid,” said Chandler.

During the December meeting of the DeKalb County Regional Planning Commission, Tommy Lee, Director of the Upper Cumberland Development District, who serves as UCDD staff planner and advisor to DeKalb County, said it may take up to 18 months for the planning commission to come up with a zoning recommendation for the county commission to consider

Lee went on to explain the pros of zoning.

“The pros are to protect and enhance property values by not allowing incompatible uses to be located next to each other. We are promoting compatible uses in a zoning ordinance. Preserve neighborhoods. Preserve existing structures, Prevent the mixing of incompatible land uses. An example is an erotic dance club near a school. Technically right now they could go next to each other. Zoning allows potential nuisances to be located away from residential neighborhoods and other sensitive areas. Zoning can provide for better lot arrangement. It can protect recreational areas and open space and conserve environmentally sensitive areas. Zoning can ensure the availability of an adequate number of parking spaces for commercial, industrial, and multi-family residential uses. It can guarantee adequate light, air, and privacy to homes. More importantly, zoning gives the community some control over its land uses, appearance, and quality of life for the future”.

Lee then discussed the cons of zoning.

“Zoning requires that all involved property owners relinquish some of their individual property freedoms for the common good. Zoning can discourage some development in some locations. Zoning can increase the cost of building new structures. Zoning can work against historic mixed use neighborhoods in older communities. To a certain extent, zoning limits the development potential of previously existing land uses and structures that do not conform with zoning standards. Another con is the cost to the community which comes in the form of a code’s enforcement officer. This is mandatory if you have a zoning ordinance. Its not a state law or county law but why would you have a zoning ordinance if you didn’t have a mechanism to enforce it. A codes enforcement officer provides that. Zoning does regulate land use. It tells you what you can and can’t do on your property. Zoning does not regulate the appearance of a structure or a lot. Zoning does not tell you how high your grass has to be. It does not tell you that the shutters on your house have to be a certain color. It also does not regulate construction. That’s what building codes do. Zoning codes are the regulation of land uses. Every parcel in unincorporated DeKalb County, if this passes, would be subject to the zoning ordinance. Parcels that would be exempt from this are those located in the corporate limits of the cities of Smithville, Liberty, Dowelltown, and Alexandria. If you are located inside the municipalities, you are not subject to the county zoning ordinance,” Lee explained.

Using neighboring Cannon County’s zoning ordinance as a model, Lee explained that DeKalb County could have basically four zoning districts: residential, commercial, industrial, and agriculture.

“Districts are land uses that are compatible and you establish criteria for these districts. In neighboring Cannon County there are four districts: residential, commercial, industrial, and agricultural. Residential districts are essentially large or high concentrations of single-family residential homes. For example, Coconut Ridge would be considered an R-1 or residential district. What is typically allowed in a residential district are single family homes, customary home occupations which are uses or businesses that are located in somebody’s house. For example, if you own a beauty shop and run it out of your house or garage. That is considered a customary home occupation. Accessory structures are permitted that are incidental to the primary uses such as single-family residential structures. Examples are pole barns, garages, she sheds, etc. You can allow for more things but if you are talking about a typical R-1 residential district you are talking about single family homes, customary home occupations, and accessory structures. What is not permitted there are duplexes, mobile homes, apartment buildings, businesses, and industries typically but counties can adjust as they see fit,” Lee said.

“The next district is a commercial district. Think where you buy stuff and sell stuff. The traditional big picture of commercial is buying and selling. What would be typically permitted in a commercial district? Businesses, professional services. You can allow apartment complexes in there. Typically, what Cannon County did was allow all commercial businesses except for adult oriented uses. What you must understand also is that if a business is legally allowed by the state of Tennessee you have to allow it to go somewhere in your county which means you can’t zone out a business if the state of Tennessee allows it. Adult oriented businesses, landfills, asphalt plants and things like that must be allowed in the county somewhere but what most communities do with undesirable uses is they put them as a special exception in an industrial zone. Its up to the county to determine what is an undesirable use. If we adopt this zoning ordinance anything that is legal and lawfully existing at the time that you adopt the ordinance is for lack of a better term grandfathered in. Most commercial uses, professional services, churches, semi-public uses are all allowed in a commercial use zone”,” Lee continued.

“The industrial zone is where you manufacture stuff as a permitted use. That is your Tenneco’s, federal moguls, sawmills, etc. Basically, if you are creating or making something that is considered an industrial use. That is the industrial district”.

“Finally, and what we did in Cannon County is make about 95% of the county an agriculture zone. What do we allow in an agriculture zone? Two uses, single family homes and agriculture. We have a caveat in the A-1 district that all other uses not specifically permitted can be brought to the board of zoning appeals and be considered on appeal. If you have a zoning ordinance you must have an appellate process in which a citizen may go and appeal what is laid out in the zoning ordinance and that is called the Board of Zoning Appeals which is typically separate from this board,” said Lee.

At the next meeting, Lee plans to share with the planning commission Cannon County’s zoning ordinance as a possible guide.

December 24, 2024
By: Dwayne Page

A crash claimed a life Friday afternoon in DeKalb County.

Dead is 43-year-old Lannie R. Fletcher.

According to the Tennessee Highway Patrol, Fletcher was driving a 2017 Ford F150 pickup west on Snow Hill Road when the truck went off the roadway crossing Possum Hollow Road before launching into the air and hitting a tree and then rolling down a steep embankment where it came to a final rest. A 13-year-old passenger was injured in the wreck.

In addition to the THP, DeKalb EMS, and the DeKalb County Sheriff’s Department, DeKalb Fire Department, and the Smithville-DeKalb County Rescue Squad were on the scene.

According to Fire Chief Donny Green, the department had to extricate the deceased, and the rescue squad assisted in getting him back up the steep hill.

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