Annexation and rezoning issues strike ominous chord with Newbern citizens

Dyer County Rescue Squad Director Ricky Gatlin (far left at podium) addresses the Newbern Board of Mayor and Aldermen about a property that is in the process of being annexed next to the rescue squad.

Larry Carpenter, a Nora Drive resident, addressed the board to voice his and his neighbors' concern and objection about a property that local real estate agent, Hunter Newbill was requesting be rezoned. Newbill was asking the property, at the corner of Nora Drive and Newbern-RoEllen Road, be rezoned from B-1 (general business) to R-4 (medium-density residential).

"Our concern is those facilities being put in a residential neighborhood, all by homeowners and single residents' families and don't think that's a good idea for that location," said Carpenter.

He added they were not against apartments or duplexes, but just not in that location.

Mayor K.W. Dennison said he appreciated everyone for coming.

"I think the board can see with what turnout we've got, that we'll take it into consideration on the vote tonight.

Alderman Robert Hart said the amount of rental property around Newbern was totally unreal.

"I have nothing against rental property and where it needs to be," said Hart. "It seems like that all of this is going up where a lot of people have single-family homes and it affects your property values and the city needs to look at this."

The board voted against the first reading of the ordinance. This kills the ordinance and no further action can be taken on the matter.

Next, Dyer County Rescue Squad Director Ricky Gatlin addressed the board and said the rescue squad has made Newbern its home, but ran into extreme difficulty in doing so.

He said they had approximately 4.5 acres donated to them by Phillip Pinion. The land he is referring to is the current site of the Dyer County Rescue Squad off of Sharps Ferry Road in Newbern.

Gatlin had issues with Perry Grills' request for the city to annex a parcel of land he owns, which is adjacent to the rescue squad.

"We were told the ground was landlocked, and with the zoning and everything that there was no way we could put a building up there because of a driveway we could not share," said Gatlin.

He said they had to buy an additional lot and access a driveway to the property.

Gatlin noted that Pinion had originally bought the property to subdivide, but the zoning commission and the state planner, Chris Pate, would not allow them to share a driveway.

Gatlin said they got all of the bugs worked out and they are proud to be in Newbern. He said he had found out Grills was going to put in a driveway and possibly build duplexes or tri-plexes on the property and didn't know how he could get away with it after they were turned denied almost the same thing years ago.

"It cost us several thousand dollars and a two-year delay on the building to get everything squared away," said Gatlin.

Gatlin said the planning commission told them five years ago that if they put in more than one dwelling then it is considered a subdivision, and a street or a road would have to be put in. He added that the rescue squad had to buy a lot to put a driveway in because they could not share a driveway.

Dennison said Grills' presentation to the planning committee shows there was a 50-foot right of way, which is required.

He said if a street is required on the property then it would be Grills' responsibility to have it curbed and guttered, and the city would then have to take care of it. However, if it is not curbed and guttered, Dennison said it would become a driveway.

He gave an example of Williams Street as a street that the city does not own.

Vice-mayor Kathy Clements said she remembered the rescue squad wanting to share the Masonic Temple's driveway. Gatlin said the Masons didn't want to share the driveway and the rescue squad had to go around to Sharps Ferry Road and not use Highway 77's access point.

Clements asked Gatlin what was he asking the board to do.

"I'm just asking why we couldn't do it, Phillip (Pinion) couldn't do it, but someone else can," said Gatlin.

"It sounds like to me you got an answer," replied Clements.

Gerald Tidwell also stood with Gatlin and addressed the board. He said Pinion had plans at one time to develop the property with modular homes and build the street. However, he said the state planner and some on the planning commission said he could not do it because it was too close to McManis Avenue. Also, there could not be two intersections that close together.

Dennison said the rescue squad didn't have a driveway until a driveway was bought to get to the property.

Tidwell said the 50-foot right of way was in the deed back then and Pinion was going to give the driveway to the rescue squad.

Dennison asked, since Pinion had a 50-foot right of way, why did they have to purchase land to get a driveway put in.

Grills was in the audience and went to the podium and said he owns the 50-foot right of way. He added that he was still a long way from doing anything on the property, but he didn't have a problem with the rescue squad using the road if one is put in.

"I'm just wanting to do something in the city of Newbern, to make the city of Newbern better," said Grills.

Alderman Bill Parks asked Gatlin what objection he had with the property and how the proposed development would affect the rescue squad.

Gatlin said he would be concerned about thefts and break-ins if duplexes or tri-plexes are placed on the adjoining property.

The board voted to approve the annexation of Grills' property and designate it to be zoned to R-4.

A public hearing will be held about the annexation at next month's meeting, which will be April 20 at 6:30 p.m.

In other business:

* The board approved the second reading of adopting the new Local Planning Assistance Office (LPAO) flood model for the municipal and regional zoning ordinance.

The unnumbered A zones in the area's former flood model stated a flood would occur in the area, but didn't say how deep the water would be. There are only two houses, along Highway 211, that are within the flood zone in Newbern.

* The board approved an ordinance to allow kennels in the Farming, Agriculture and Residential (FAR) zone as a use on appeal basis. Anyone asking to have a kennel in this zone will have to go before the Board of Zoning Appeals.

* The board approved to apply for the Baseball Tomorrow Grant, which would help to build an additional ball field. Dyer County YMCA Director Randy Butler had informed Parks and Recreation Supervisor Dan Post and City Recorder Jason Roberts that the park was one field shy to handle the amount of players in the leagues.

Roberts said the grant is a 50/50 match and the field, without lighting, would be approximately $20,000. Roberts said with the addition of lights would increase the price to around $50,000.

* The board approved to enter into a pool with other municipalities across the state with its insurance provider, TML. The state requires Newbern to enter into an inter-local agreement to participate in the pool. The city was already in an agreement, but this updates that agreement, which Newbern had entered into back in 1979.

* George Clark, owner of McCullough Apartments, submitted a request to have the residents of the apartment complex charged a $15 sewer charge instead of him having to pay it. Each Newbern residence and business pays a sewer charge, which is connected to its water bill, and there is no way to tie a sewer charge into electric service. Green said some places have one master water meter and they charge per lot in those cases.

Parks asked to table the motion to study it further. Dennison asked why would they need to table it because it has already been voted on. He added they would have to change it for others if they changed it for him.

Parks withdrew his motion and made another motion that the McCullough Apartments sewer charge remain as it is. That motion passed unanimously.

* Gary Grimes, VMS project manager, said they have not had any violations and have been running the press seven days a week.

* Newbern Police Chief Harold Dunivant requested the board change Fryar Street to a one-way street. The request will go before the Newbern Planning Commission at their next meeting and will then be presented to the city board.

* Director of Public Works Sandy Hill said the electrical problems at the wastewater treatment plant will be fixed this week and they will be ready for a state inspection Friday.

* Newbern Utilities Office Manager Rosalind Green said the city's Directive Action Plan Engineering report should be the final report to be submitted to the state. This could mean the city's directive order from the state could be lifted, concerning the city's sewer system. Parks thanked Casey King, sewer department supervisor, for his work.

* Dennison encouraged board members to attend a seminar at the Lannom Center on April 23 at 4:30 p.m. regarding city government. Other officials around Dyer County have also been invited to attend.