Collegedale Commissioners Referee Stormwater Dispute

Tuesday, July 16, 2013 - by Gail Perry

 Collegedale Commissioners held a hearing Monday night in an attempt to resolve a dispute between the city and two longtime residents. Mr. and Mrs. Fred Hayes bought their home and six acres in 1978 at 5641 Barrington Country Circle. In 1985 they acquired four acres that back up to the original lot.

In 2010 discussions were broached about the potential for building a world class dressage training facility on the four-acre property and Aug. 9, 2010, Mr. Hayes sent Andrew Morkert, Collegedale’s building inspector, a letter to notify the city that the project would be going forward. In late 2011 land disturbance started. The first structure built was an 80-foot by 200-foot dressage area modeled on a design from Kentucky. There are no issues with this part of the project since the surface is designed with excellent water absorption, officials said. This is already in use.

Plans for a barn were submitted to the building inspector on Jan. 3, 2013, and at that time, a building permit was issued along with a letter from the building inspector giving requirements for the permit. Mr. Morkert modified and added to requirements during the beginning phase of the building construction. However, with all the other changes he requested, he never mentioned the issue of a detention pond for storm water run-off until construction of the barn was nearly complete, it was claimed.

If given notice before the building was begun, the couple said a detention pond could have been planned into the design. However, since the structure is complete, a detention pond would now have to be buried with a substantial cost estimated to be around $50,000.

The barn, which was completed in mid-May, has yet to be used because the building inspector will not issue the owners a certificate of occupation and will not allow electricity to be connected to the structure.

Chris Clem, attorney representing the Hayes couple, contended that when the permit was issued with no mention of a detention pond, that requirement of the storm water ordinance had been waived. Another option that would have eliminated the requirement all together would have been to combine the two adjacent pieces of property into one consisting of 11 acres, which would exempt the necessity for a pond since the larger size lot would fulfill the stormwater specifications. Furthermore, he said, this has never before been applied to construction of a barn, which he referred to a “selective enforcement.”

Commissioner Debbie Baker said that reports show excellent cooperation in all other phases of the building and questioned what brought the water issues to the attention of  the commission, asking if it was because neighbors had complained of water running across their property during heavy rains.

In cross examining Mr. Morkert, attorney Clem asked why he had waited five months before notifying the owners that a detention pond was needed since he had requested other changes. This question yielded the reply of I don’t know.

In the end, a motion was made and passed unanimously, which defers a decision of the appeal until the second meeting in September. Commissioners gave permission to occupy the barn with the stipulation that occupation can be withdrawn if the specified conditions are not met. The intention is to abandon the joint property line to create one large piece of land that will be zoned residential.  This will require the approval of the city’s planning commission. It is expected that engineers from both the development and the city will find a mutual solution to the water issues on the property.

In regular business, the commissioners voted to participate in the TML Risk Management Pool grant program. This $1,500 grant will be a 50 percent match with the city and will be used to buy safety equipment such as steel toe boots and safety vests.

City Manager Ted Rogers, in his financial report, said the city is financially healthy. The city has met all projections of revenue and came in below budgeted expenditures. Mayor John Turner said this exemplifies good stewardship of the city’s money, and that the commissioners are conservative by nature.


Patten Towers Resident Charged In Wreck That Clogged U.S. 27 On Sunday

A Patten Towers resident is charged in a wreck that clogged the northbound lanes of U.S. 27 on Sunday. Melanie Evette Dobbs, 56, was charged with four counts of reckless endangerment, DUI, failure to maintain lane, violating the Implied Consent Law and failing to have insurance. Police responded to a collision at 9:45 p.m. in which a Dodge Caravan had struck a Kia sedan that ... (click for more)

Latest Hamilton County Jail Booking Report

Here is the latest jail booking report from Hamilton County: ALLEN, KENNETH EUGENE  2705 WOODSIDE DRIVE CHATTANOOGA, 37407  Age at Arrest: 49 years old Arresting Agency: Hamilton County AGGRAVATED ASSAULT/DOMESTIC --- BALLARD, DEANGELO DEMOND  3103 5TH AVE CHATTANOOGA, 37404  Age at Arrest: 34 years old Arresting Agency: Chattanooga AGGRAVATED ... (click for more)

White Coat Syndrome And The Medical System - And Response

Today I wish to share what I am feeling as a patient in our medical system. I am too old to put on airs at this point, and this is too pervasive of a problem for me to contain.   As I enter my AARP years, I am faced with so many medical encounters that evoke all kinds of uncomfortable feelings. I dread physician’s appointments riddled with government regulatory hypocrisy, ... (click for more)

Roy Exum: Knoxville’s Godsend

Back when we were uppity teenagers, the best put-down when a friend started acting crazy was to say to the heathen, “Quit acting like you are from Knoxville!” I don’t know how the term originated but I can say that back in the day it was pretty insulting to be told you were acting like you were from Knoxville. This week I wish that more of us acted like Knoxville. The Knox County ... (click for more)

Sales' Grand Slam Leads Lady Owls To 6-2 Comeback Win

Cheyenne Sales came close to hitting two home runs on Tuesday. She atoned for those close calls a day later with a grand slam in a five-run fourth inning and powered Ooltewah to a 6-2 victory over gritty East Hamilton in District 5-3A softball action at Jim Lovell Field. “That’s the first grand slam I’ve hit this season,” said Sales, who finished with five RBIs. “The pitch ... (click for more)

Red Bank's Kendall Farr Hurls No-Hitter Against Tyner

Kendall Farr was on the money Wednesday afternoon as she hurled a no-hitter and struck out seven as the Red Bank Lionettes blanked Tyner, 10-0, in six innings. Kelsey Peden and Destiny Painter both had two RBIs for the Lionettes while Hannah Wood had a triple and Sami Shrader a double.  Peden also had a double. With Farr improving to 3-2 on the season,, Red Bank finished ... (click for more)