Planning Commission Authorized to Develop Zoning Plan Subject to County Commission Approval (View Video Here)

September 24, 2024
By: Dwayne Page

County wide zoning!

During Monday night’s regular monthly meeting, 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 will return to the county commission for a final vote on implementation followed by a public hearing on the issue.

Those commissioners voting in favor were Tom Chandler, Daniel Cripps, Sabrina Farler, Myron Rhody, Tony (Cully) Culwell, Larry Green, Glynn Merriman, Jeff Barnes, Andy Pack, Mathias Anderson, and Beth Pafford. Commissioner Greg Matthews voted against saying he had not talked to anyone in his district who supports zoning. Commissioners Tony Luna and Susannah Cripps were absent.

Twelve people spoke during the public comment period of the meeting Monday night with concerns mostly about rock quarries setting up business in their neighborhoods. While zoning would most likely not stop any such quarry operation already here, it would possibly prevent something like it in the future from coming in a neighborhood with no restrictions.

Steven Cantrell said the latest concern is a data center with loud noise pollution planned for just outside the southern city limits of Smithville.

“DeKalb County needs to establish zoning laws and ordinances to protect citizens of DeKalb County and facilitate smart growth for the county,” said Cantrell. “Zoning is basically rules about what a piece of property may or may not be used for. In general, there are four types: residential, commercial, industrial, and agriculture. When new zoning is established for a county where none has existed before, basically everything is usually grandfathered for the current owner and those who inherit the property. Opponents of zoning, of which I have been one in the past but am no longer, usually are opposed to the potential of being told in the future what they may or may not use their property for. For example, they might have a house in an agricultural setting where they enjoy the tranquil environment of raising their family and socializing with friends and neighbors. They don’t plan on changing the use of their property,” explained Cantrell. “Now imagine one of those neighbors passes away and leaves the property to an out of state relative who just wants to sell the property and get the cash. They sell it to a new owner which is a corporation that plans to build a new data center there. A massive structure full of machines that require massive amounts of electricity that not only keep their computers running but to cool them as well. Without zoning there is nothing to stop them. The sound from these centers, as the folks in Limestone Tennessee found out a few years ago, started out as a low hum but then it got louder. Soon some residents said the noise was like a jet engine idling. The data center operates day and night growing louder at night and on the weekends because those are down times for the electric power grid. Down times when we are at home enjoying ourselves. The bottom line from this example is that you still have your property but if the data center is next door to you, they have just stolen your tranquility. As I understand from Mr. (Hilton) Conger, DeKalb County without zoning has its first data center in the process of being built just outside the city limits of Smithville, which does have zoning. Failure to establish effective zoning for DeKalb County deprives its citizens and the government of DeKalb County of the critical tools to protect the value of our property that facilitates smart growth for the county and into the future”, said Cantrell.

Matthew Pitt, a resident of the second district, spoke in favor of zoning and against the Jones Alexandria Quarry between Liberty and Alexandria.

“I would like to address the county commission and mayor on implementing zoning regulations in DeKalb County,” said Pitt. “I urge you to move forward with the plan and to do so as expediently as possible. Currently, I believe there are three quarries in district 2. Rogers Group is located a half mile southeast of the west school. The DeKalb County quarry is one and a half miles southwest of the west school and Smyrna Ready Mix is located less than five miles east of the west school,” Pitt said. “Additionally, Jones Brothers is trying to get permits to open a quarry on Willoughby Lane two and a half miles northwest of the west school. If you allow all these quarries to come in because you don’t have zoning regulations in place that would mean four quarries could be operating within the hazardous zone of five miles from our school. As you can see it is in every direction of our school. No matter which direction the wind blows rock quarry dust will be blowing in their direction. Rock quarry dust can pose a number of health hazards including respiratory issues such as silicosis, bronchitis, asthma, COPD, lung cancer, kidney and liver damage, fertility problems such as miscarriage, premature birth, and low birth weight. Quarry dust can also settle on plants blocking photosynthesis and stunting growth. Quarry dust can contaminate water bodies changing the ph. level and harming aquatic life,” explained Pitt. “My wife and I moved here 11 years ago in large part because DeKalb County is a beautiful and peaceful place. We have a 7-year-old son who loves to play outside and if Jones Brothers is allowed to open a rock quarry on Willoughby Lane their property line to ours is only 260 feet apart and a quarter of a mile to my back yard where my son spends most of his time. Not only would he be subject to harmful air at home but at school as well along with many other children. This is not acceptable. Rock quarry blasting could also harm our springs, wells, creeks, and water table. Another harmful side effect of the rock quarry blasts are foundational and structural issues. In April 2023 the blasting company that’s being used to widen the highway 70 project caused approximately $30,000 in damage to our home. As a result, I had to file a claim with my insurance company and now my premiums have increased. These are the types of businesses we don’t need operating in our county. The Jones Brothers quarry must be stopped from opening and operating on Willoughby Lane. You the elected officials whom we chose to represent us must act now with expediency and authority that the state of Tennessee has granted you to implement zoning regulations. We are depending on you to act swiftly and not reduce our quality of life,” said Pitt.

Second district resident Mike Antoniak said he also supports zoning regulations and further addressed concerns about the SRM quarry on North Driver Road.

“Last month I was here petitioning you to look at the County Powers Act and I appreciate the fact that you looked at it,” said Antoniak. “I understand it doesn’t have the teeth we need but that you are going to recommend zoning, and I would urge you to embrace it. Unfortunately, without zoning all it takes is one landowner willing to put personal profit before the common good to really ruin our lives. Its also a mechanism for controlling and planning ahead. Is there a representative of SRM here tonight,” asked Antoniak. “They should be because they have plans for the county but without zoning, we don’t know what their plans are. Two years ago, they purchased 74 acres in Smithville stretching from Main Street almost to the golf course. I have since heard that they have petitioned the city to possibly annex some of that land for low-income housing. They have to submit an application to the state to get this quarry going and I have had an opportunity to review that. They are projecting that they are going to do $1.7 million in sales at that quarry in a year. I don’t know what the county is going to get out of that. Their application also requires that they describe the level of degradation or the negative impact of their quarry. Their response in this application for the quarry on North Driver Road is that there will be very little degradation caused from the construction and operation of this facility. Many of us here tonight would strongly disagree. SRM also cites benefits from this quarry. Again, quoting from this application it says there will be local employment opportunities associated with the opening of this quarry. Operating this quarry also gives local residents and contractors another crushed stone supplier to purchase from. As for those jobs, SRM projects the quarry will employ a total of five people at a total salary of $22 per hour. Is that a fair trade of five jobs for the health, environment, peace of mind, and the lives we citizens have built here all to fatten the wallet of an outside corporation with no stake in our community? This is what happens when there is no zoning or nothing in place to guide, control, and regulate what happens to our county. County Mayor Adcock and commissioners, I implore you to do everything within your power to ensure that DeKalb County is never easy pickings’ ripe for exploitation again,” said Antoniak.

Before the vote, Commissioner Tom Chandler asked what the cost to the county would be regarding an inspector and the” various ramifications of going through the process of defining what is in which zone and how its going to be done,” he said.

“I want to see what the planning commission is proposing and give the public an opportunity to see what they are proposing before we (county commission) have a town hall discussion and vote on it,” said Chandler.

September 24, 2024
By: Dwayne Page

Its not often someone is arrested at a county commission meeting but that is what happened Monday night during the public comment period.

Max Knudsen (AKA Jill Henderson) addressed the commission with concerns about the SRM rock quarry on North Driver Road near the Knudsen farm and business at the foot of Snow Hill. Because of a disability, Knudsen claimed they did not have to adhere to the three-minute time limit for public comments under Americans with Disabilities Act (ADA) regulations. When Chairman Matt Adcock warned Knudsen that the three-minute time had expired, Knudsen continued speaking and told him (Adcock) to “shut your mouth”. Adcock then apparently had the sheriff and chief deputy to approach the podium, but Knudsen continued speaking. Knudsen said, “I can speak all night long as a peaceful protest”. Knudsen further said to the officers “you will take me out in cuffs sirs”. The sheriff and chief deputy then handcuffed Knudsen and removed Knudsen from the meeting room.

Henderson, age 52 of South Driver Road, Dowelltown is charged with the misdemeanor offense of disrupting a meeting or procession.

Sheriff Patrick Ray said that “on September 23, 2024 Henderson did knowingly and intentionally commit the act of disrupting a meeting procession by refusing to sit down and stop speaking. After the allotted three minutes were up at the county commission meeting, when asked to sit down the defendant replied to the chairman to “shut up”. When asked by law enforcement officers to sit down the defendant replied, “you will take me out in cuffs sirs”. Henderson said that multiple times. The defendant still caused a disturbance until escorted out of the meeting room,” said Sheriff Ray.

“That law is for disrupting a meeting or procession and it says a person commits an offense if the intent is to prevent or disrupt a lawful meeting, procession, or gathering and the person substantially obstructs or interferes with the meeting, procession, or gathering by physical action or by verbal utterance. Violation of this section is a Class A misdemeanor”, said Sheriff Ray.

Bond is set at $1,500 and the court date is October 10.

September 24, 2024
By: Dwayne Page

Dr. Denise Dingle still holds the position of County Medical Examiner.

The DeKalb County Commission, during Monday night’s regular monthly meeting, failed to muster the 8 votes needed to uphold a 90-day suspension of Dr. Dingle as medical examiner by County Mayor Matt Adcock due to alleged “uncooperative and unprofessional” conduct.

The vote was 6 to 6. Those voting to uphold the suspension were commissioners Larry Green, Tom Chandler, Mathias Anderson, Glynn Merriman, Jeff Barnes, and Sabrina Farler. Those voting against upholding the suspension were commissioners Greg Matthews, Myron Rhody, Beth Pafford, Andy Pack, Daniel Cripps, and Tony (Cully) Culwell. Two members were absent, Susannah Cripps and Tony Luna.

The proposal, as recommended by the county’s health, education, and public welfare committee only a week ago, was for the county commission to uphold the suspension of Dr. Dingle and then for her to be terminated after 90 days and replaced by Dr. Caleb Cantrell as both medical examiner and medical director for a total of $2,000 per month. When he suspended Dr. Dingle as medical examiner in July, County Mayor Adcock also terminated her as medical director, a separate position, and named Dr. Cantrell to succeed her in that role. The county had been paying Dr. Dingle, as a contracted service, $5,000 a year as medical director and $100 per body as medical examiner. According to statistics, the county averages 50-60 bodies per year in which a medical examiner/coroner’s report is needed.

Concerns about the medical examiner position were first raised several months ago during county commission workshops after complaints that the office, in some cases, was not providing a timely response to on scene deaths causing delays in investigations before the removal of a body.

During the public comment period Monday night, eight people spoke in support of Dr. Dingle including two who have worked with her, Aspen Flarity, a critical care paramedic and medical death investigator and Trevin Merriman, a paramedic and medical death investigator who served as Dr. Dingle’s deputy medical examiner.

“I trusted her decision making and her leadership,” said Merriman. “At her request, I wrote a policies and procedures manual for the DeKalb County Medical Examiners’ Office because there was not one. Dr. Dingle liked it and we presented it to the mayor’s office and to this date we don’t still have a policy and procedures manual for the ME’S office. I stepped down in late 2023 as deputy ME because I felt the ME’s office was not getting support from the county it needed,” said Merriman

“I have worked in multiple counties, and I can state for a fact that Dr. Dingle is the best medical director I have worked for,” said Flarity. “She was always one phone call away whether it be if we were actively on a call or after a call. Dr Dingle has done this for many years and is highly knowledgeable”.

Dr. Dingle then addressed the commission.

“I have been a resident of DeKalb County since September 1991 which is over 33 years and that’s longer than I have been a resident anywhere else,” said Dr. Dingle. “I have been a medical doctor since May 1982, and I was in the military at that time. I served almost 14 years in the military where I was a physician until September 1991 when I came to DeKalb County. I have been the Medical Director since 2013 and the Medical Examiner since August 2021 following the death of Dr. J.C. Wall and my term is not due to expire until August 2026,” she said.

“I think it says a lot that not one single person who works with me or under my license has ever lodged a single complaint against me as the medical examiner or medical director except for Matt Adcock. You have also heard no complaint against me as either your medical examiner or medical director from any law enforcement official. The only person against me is Matt Adcock and I believe he is upset because as a woman, I have directed comments to him that I have thought would help him in his service as an EMT. I provided first correction when he made a mistake that I was concerned that it might cause him to lose his EMT license. I explained why and the second one was due to the fact that I had witnessed on several occasions that he had fairly aggressive behavior and after several of them, I am afraid I did lose my patience, and I began to speak to him as one individual would say in military speak. I apologize that I used a different language, and I apologize that you were offended by it,” Dr. Dingle continued.

“I stand behind everything my office has done for the citizens of DeKalb County, both as the medical examiner and the medical director. You do not have to follow the mayor’s failed leadership. I wish to continue to serve this county as your medical examiner and I ask that you vote to allow me to do this but even in the event that you choose not to allow me to continue ask yourselves at a time when we are having to raise taxes in order to build a new school and the justice center, both which I want you to know I stand behind and I feel we need, you are also asking the taxpayers to increase taxes to pay for a new medical director and medical examiner which will be two to three times more than what you currently pay me and what I believe you paid Dr. JC Wall. I trust that you will all make the right decision and the just decision,” said Dr. Dingle.

In a brief statement, Dr. Dingle’s attorney Jon Slager said “Thank you to all of the people that came out in support of Dr. Dingle at the commission meeting. Your statements in support of Dr. Dingle made a difference. Thank you to the commissioners that voted in favor of Dr. Dingle. I know she will continue to work diligently as the medical examiner for DeKalb County. There are too many serious issues facing this county to play divisive politics. I hope we have seen the last chapter of that book,” he said.

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