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Planners Balk on Rezoning Request -
Applications to be Withdrawn |
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Ann Ferrell stands and speaks about
the proposed rezoning at the intersection of U.S. 79 and
Eastwood Drive.
By Joel Washburn
washburn@mckenziebanner.com |
MCKENZIE (November 28) - In a reversal of action from
their October meeting, McKenzie Regional Planning
Commission voted against a request for rezoning of real
estate along U.S. 79. In a 3-2 decision with two absent,
planners failed to grant a "favorable recommendation"
for rezoning of a single parcel from R-1 (low density
residential) to B-2 (highway business). Dean Robb and
Wade Allen voted for the rezoning and Lisa Norris, Mayor
Walter Winchester, and Mark Warren voted against.
Secretary Keith Priestley and Vice Chairman Ed Dillon
were absent.
Fred Morris, a local minister and real estate developer,
requested the lone parcel, located at 16925 Highland
Drive (U.S. 79) be rezoned to allow the development of
commercial business. It is located at the intersection
of Eastwood and U.S. 79, across from the Tennessee
Technology Center.
Last month, planners, in a 3-2 decision, voted to send a
rezoning request with a "favorable recommendation" to
the City Council for two parcels owned by Ed Perkins.
Those parcels are adjacent to Morris'. In October,
Norris, Dillon, and Allen voted for the rezoning and
Winchester and Robb voted against. Warren and Priestley
were absent in October.
Following the November vote, Shelton Merrill, a staff
member of the Local Planning Assistance Office in
Jackson, explained the applicants have the right to
proceed to the City Council with or without a favorable
recommendation from the Planning Commission, which
serves as an advisory board on rezoning issues. The City
Council has sole authority in rezoning matters. Both
Perkins and Morris said they would withdraw their
applications and not proceed to the City Council.
Sherrill had recommended against the rezoning, saying it
did not comply with the 31-year-old Land Use Plan.
"Staff believes that the residential character of the
residential land uses with this area should remain
consistent with the McKenzie Comprehensive Plan
regardless of its (the plan's) relevance," wrote
Merrill.
Approximately 26 residents from the area attended the
November meeting to contest the rezoning request. Tom
Aljancic, a neighbor and co-owner of Cut Right Wood
Products on Hill Road, said he understood the need for
additional businesses, but noted the city lacked an
overall development plan. He asked the attendees to
stand if they opposed the rezoning request. All stood
except the applicants.
Tony Janner and Jack Scates, both of Northwood Drive,
behind the site, said their property values would
certainly be negatively effected. Kathy Rawls, of
Northwood Drive, said her daughter suffers from Reflex
Sympathetic Dystrophy, which triggers a pain onset with
noise and vibration. Ann Ferrell, a resident on Highland
Drive, said the traffic is already heavy along the
route. The former Covington resident said she returned
to her hometown of McKenzie to retire and has spent lots
of money to renovate her home. People don't want their
town to be a "cookie cutter" place with all the fast
food places. She said she would like to see a nice
restaurant and enjoys seeing the area churches, but
there are many empty building available for commercial
development in McKenzie.
Marshall Russell, a resident of Eastwood, said the main
storm water from the hospital drains from the property
in question. He suggested the city bring in "advisors"
to review the city's needs and develop a plan before
proceeding. Rezoning would negatively affect property
values, said Russell, who has worked 30 years in
construction throughout the U.S. He indicated the
rezoning would affect about 40 homes. Russell said if
the property is rezoned, he has 42 additional acres he
"probably would want to get zoned commercial." He said
he lived there about 50 years and knows what the
problems will be. "We don't know what is going to be
built there," said Russell.
Morris said, "I assure you I would never build anything
detrimental." In prepared remarks, the developer said he
and Perkins came to the Planning Commission prior to
submitting a formal request for rezoning. "You voted
unanimously that we go forward with a formal request,"
Morris told the planners. "My formal request was too
late for the November meeting, but you sent Mr. Perkins'
request to the City Council with a positive
recommendation to rezone. So I don't have any reason to
believe that you won't give me the same consideration
and recommendation to let the final decision rest with
the City Council.
"I hear people all the time say, I wish we had this or
that in our town - another grocery store, a movie, a
good chain restaurant, more retail stores, in general.
Well, wishing won't get it done. Someone has to make a
move. Someone has to take a risk. Someone has to
sacrifice. We say we want all the better places of
entertainment, eating, and shopping, but then we don't
want any change that might adversely effect us in the
slightest way."
He spoke of empty city coffers and the lack of funds
from inadequate sales tax collections to do the things
the city would like to do.
Perkins said the city lacks adequate areas zoned for
commercial developments. The developer said a rezoning
for Willie's Tire Barn, now McClain's Tire and
Automotive, on U.S. 79, modified and amended the land
use plan and set a precedent for rezoning residential
property to commercial along that route. The development
trend in many small towns is along major highway
thoroughfares, supplanting residential development.
As a city, we have a need for more commercial
development along U.S. 79 to generate more income for
the city, more shopping opportunities for the citizens,
better pricing for the citizens, and to remain
competitive with our neighboring communities. In a "tale
of two properties", Perkins said he developed a
three-acre block where Dollar General, Movie Gallery,
and Subway are located on U.S. 79. Those stores are now
generating $40,377 in sales tax annually for the city.
The location was previously considered an eyesore, said
Perkins. He said the proposed three-acre development
would enhance the property, not devalue it. Within the
last 1-1/2 years, one retail company with a grocery
component wanted to locate along U.S. 79 between Rural
King and the hospital. A funeral home developer had a
similar request for property along the highway. There
was no land properly zoned for its development so it did
not locate in McKenzie. Cities such as Murray, Milan,
and Jackson have all rezoned residential property for
commercial use. Inadequate commercial zoning has a
negative financial impact on our city and limits a
city's growth. Perkins developed the McKenzie Shopping
Plaza in the early 1970s. He said adjacent landowners
claimed it would devalue their property. A search of the
assessor's books indicates otherwise, said Perkins. The
shopping center has generated millions in revenues for
the city.
The 31-year-old land development plan is antiquated,
said Perkins. If it were 100 years old, Mr. Merrill
would have to defend it. "He's put in a terrible
situation."
Morris and Perkins are independently developing
commercial projects in other cities including Paris,
Dresden, Medina and Milan.
In other business, planners heard Ray Berryman, city
codes enforcement officer, say an advertising sign of
Roger Reed's, located near New Generations Furniture
Company on U.S. 79 was in violation of city ordinance.
Reed said he was unaware of the city's sign ordinances,
however, the removal of the sign would adversely affect
his business. Reed was advised to take the matter to the
Board of Zoning Appeals if he wishes for the sign to
remain.
Planners will meet December 19, 4:30 p.m. for their
monthly session. |
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Demetrius Crocker Sentenced to 30 Years in Bomb Plot -
Guilty on Explosives Charges |
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By Joel Washburn
washburn@mckenziebanner.com |
JACKSON (November 28)- Demetrius "Van" Crocker, of
McKenzie was sentenced to 30 years in prison for
attempting to purchase explosives or chemicals to
destroy a federal or government building. Federal Judge
James Todd issued the sentence 25 months after Crocker's
arrest. Once released from prison, Crocker faces a
lifetime of supervision.
A jury took 90 minutes on April 13, 2006 to convict
Crocker on five counts.
Crocker, age 41, of McKenzie, a divorcee with two
children, was arrested in October 2004 after reportedly
purchasing fake explosives from an undercover agent in
Jackson. He was a 1983 graduate of McKenzie High School
and was working as a farm hand at the time of his
arrest.
Immediately following Crocker's arrest, law enforcement
officials converged on his home at 17855 Highland Drive,
McKenzie. Participating in the search of his premises
were the FBI, TBI, 24th Judicial Drug Task Force,
McKenzie Police Department, Tennessee Highway Patrol,
and the Carroll County Sheriff's Department.
Defense attorney Randy Alden presented a defense of
entrapment stating Crocker has diminished mental
capacity and is an exaggerator. Prosecuting attorney
Fred Godwin told the jury Crocker had all the necessary
parts to readily assemble a bomb, thought he had
purchased explosives from an undercover operative, and
"had it in his mind, he wanted to do what (Timothy)
McVeigh did (in Oklahoma City)."
The indictment stated "Crocker did, on October 7, 2004,
intend to injure the United States, induce a person to
acquire, transfer, and possess a chemical weapon,
specifically sarin nerve agent by giving a person $500
in cash to facilitate the acquisition, transfer, and
possession of that chemical weapon. On October 25, 2004,
Crocker did receive and possess explosive materials,
specifically C4, which had been shipped and transported
in interstate commerce, knowing, and having reasonable
cause to believe, the explosive materials were stolen
and with the knowledge and intent that the materials
would be used and possessed in connection with another
felony offense, i.e., used to feloniously damage and
destroy a building and real property, specifically a
federal or state courthouse; possessed unregistered
firearm, specifically a combination of parts designed
and intended for use in converting a device into a
destructive device, and from which a destructive device
may be readily assembled.
During the trial, jurors listened to four of 14
recordings produced by undercover operatives. The
recordings were laced with racist remarks and profanity.
During deliberations, jurors requested to again view the
tape from October 25, 2004 when undercover FBI agent
Steven Burroughs delivered a canister of harmless
materials to Crocker, which he believed to be Sarin
nerve agent and C-4 explosives. Shortly after viewing
the tape, jurors signaled they had reached a verdict,
ending the four-day trial.
The jury of eight women and four men included two
African-Americans.
Godwin said Crocker paid $500 to Agent Burrows, posing
as an employee of the Pine Bluff arsenal, for what he
believed to be a stolen chemical weapon.
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April Sykes Files $26.5 Million Suit against Alleged
Attacker |
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By Linda Bolton
linda@mckenziebanner.com |
A Paris woman, who was kidnapped, raped, and critically
injured as the result of being locked in a burning car
on November 28, 2005, filed a civil lawsuit in Henry
County Circuit Court against her alleged attacker on the
one year anniversary of the assault.
April Sykes, daughter of McKenzie Police Officer Jackie
Sykes and Donna Sykes of Henry County, is suing Virgil
Samuels Jr., 22, of Paris, for $11.5 million in
compensatory damages and $15 million in punitive
damages.
The lawsuit states Miss Sykes has already incurred
medical expenses estimated at $1,700,000.00, with
additional expenses to be incurred in the future as the
result of severe, permanent, and disabling physical,
psychological, and emotional injuries at the hands of
Virgil Samuels, Jr.
Samuels was indicted by a Henry County grand jury
November 6 on one count each of especially aggravated
kidnapping, attempted first-degree murder and
kidnapping; two counts of aggravated assault; and four
counts of aggravated rape. He pleaded not guilty to the
charges and is expected to return to court this month.
The lawsuit describes the November 28 chain of events as
follows:
Samuels choked the ex-boyfriend of April Sykes, Brandon
McMinn, into unconsciousness and chased Sykes, who had
fled the driver seat of her Chevrolet Malibu. He
captured her and forcefully returned her to the vehicle
where Samuels knocked out the window and forced McMinn
into the trunk of the vehicle.
Samuels drove to a cemetery in Paris, where he dragged
Sykes into a ravine area, raped and assaulted her
repeatedly.
Samuels then drove the Malibu further away from the
cemetery, backed into a driveway and obtained a can of
gasoline. Throughout the drive, Samuels continued to
assault Sykes, forcing her to lie down in the seat.
At some unknown point, McMinn was able to escape from
the trunk of the vehicle.
Samuels drove to an isolated field road off Van Dyke
Grove Road where an additional rape and violent assault
occurred. He also stabbed her, leaving her in a state of
semi-consciousness, and attempted to run over her on the
field road.
He locked her in the trunk of the vehicle and set her
and the vehicle on fire.
"Despite the fright, shock, and terror of being burned
alive, Sykes somehow located the trunk emergency latch
and somehow struggled for her life to make it to the
hard surface road," the lawsuit states.
She was picked up by a man, who was investigating why a
vehicle was on the field road that early in the morning.
Miss Sykes sustained burns over 65% of her body, one
half of which were third degree, causing her the loss of
her right hand and all or part of her fingers and thumb
on her left hand. The lawsuit states she sustained
significant facial disfigurement requiring multiple
surgeries.
She was required to spend 116 days at The Med at Memphis
and undergo excruciating treatment as a result of the
burn injuries and multiple skin grafts.
The lawsuit, signed by Attorney Jeffrey Garrety of
Jackson, asked for a trial by jury.
Henry County Circuit Court Deputy Clerk Sandra Myers
said the case will be placed on the docket call for
January 24, 2007. Judge Donald Parish will set the case
for trial at that time. |
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Auction to Benefit Stolen Gun Fund |
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MCKENZIE -An auction is slated for Saturday, December 9
at Carroll County Auction to benefit members of the
McKenzie Trap-Shooting Team whose shotguns were stolen
in Oklahoma.
Sporting good and other merchandise will be auctioned at
5:30 p.m. at Carroll County Auction, adjacent to D&D
Service Center, McKenzie. Roger Reed of Double R
Auctions and Mike Jones, owner of Carroll County
Auction, will auction donated merchandise.
Merchants including Bass Pro Shop, Sportsman Warehouse,
Hulme Sporting Goods, and Mack's have donated sporting
items.
Persons wishing to donate to the auction can call Bill
Lane at 731-234-6759 or Double R Auctions at
731-352-7755.
Thieves stole an estimated $120,000 in guns and
equipment from McKenzie and Dyersburg trap shooters and
chaperones Wednesday, October 4 as an entourage made its
way to Oklahoma for international shooting competition.
The stolen equipment included guns, some valued at more
than $10,000. The guns and equipment were in a parked
truck when the vehicle was stolen from a hotel in El
Reno Oklahoma. The vehicle was recovered approximately
20 miles from the hotel. Youth competitors Carson Rider,
Luke Anderson, Lacey Lane, Elizabeth Russell, Travis
Russell and Clint Beacham of McKenzie were able borrow
guns from competitors to compete in the Scholastic Clay
Target Program (SCTP) International Bunker Trap
Championship at the U.S. Olympic Training Center in
Colorado Springs, Colorado. Since the program's
inception three years ago, various local team members
have earned state championships, been featured in Field
and Stream magazine, and will be featured in National
Geographic and Beretta USA magazines early in 2007.
A fund has been established at Carroll Bank and Trust.
Anyone interested in donating to the fund may do so at:
The McKenzie Trap Team Lost Guns Fund, Carroll Bank and
Trust, P.O. Box 460, McKenzie, 38201. The account number
is 3180913. |
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