NEWPORT-It may be three strikes and you're out for adopting Tennessee Code Annotated 5-1-118, which would give the Cocke County the powers to adopt any ordinances it deems necessary.

The measure, brought before the Cocke County Legislative Body for a third time Monday night, failed by a 7-6 vote.

Cocke County Mayor Iliff McMahan opened discussion of the resolution, pointing out, "This is nothing more than a blanket resolution so we don't have to go through the legislature to pass ordinances. There are no ordinances included in it."

CLB member Calvin Ball asked if the resolution would open the door for passage of a wheel tax.

"No, you don't sneak in a wheel tax in this. You can't do that," responded McMahan.

"The reason the legislature did this is, if every county had a handful of ordinances, the legislature would be swamped. This is set up so you can pass them. Nothing passes without your approval."

Ball and other CLB members said they have gotten numerous phone calls expressing concerns over the 5-1-118 because they fear it could result in ordinances limiting what owners can do with their property.

"I don't think it's our right to says that's ugly or that's an eyesore," said Ball.

"I'm like Calvin," said CLB member Norman Smith. "I believe a man has a right to do what he wants with his property. But, I do have concerns over safety issues."

CLB member Lonnie Ottinger said he could not support such a measure.

"In a few years, there may be people from out of our county who move here and may get elected," said Ottinger. "The 14 of us may not be here. If we pass this, they could approve anything they want."

In a roll call vote, Ball, Ottinger, Tom Sutton, Bill Williamson, Bill Costner and Love Henderson voted against the measure in a 7-6 vote. The resolution needed a two-thirds majority to pass.

Henderson, who previously voted in favor of the motion, said she was changing her vote to voice the feelings of her constituents.

In other business Monday, the CLB approved modifications to the Urban Growth Plan, allowing two properties to be included in Newport's growth plan.

Smith and McMahan pointed out the property owners were requesting to be in the city growth plan.

One piece of property is 78 acres located behind the Lowe's development and the other is property located along the proposed Exit 438 of Interstate 40.

Williamson questioned if the change would lower the county's taxes.

"No," said McMahan. "In fact, it will provide more taxes. Right now, the property owners are just paying taxes on a field. Once these areas are developed, we will get more even though they will be in the city.

Ball and CLB member Andrew Fowler voted against the motion.

In other action, James Moore, Freddie James and Pam Henson were appointed to the Civil Service Board.

Fowler expressed concern that the appointments had not been approved by the Public Safety Committee.

Committee Chair Love Henderson apologized and said she brought the names up for approval. "I thought it would be OK."

County Attorney Fletcher Ervin reported the state has passed legislation, adding costs to the county involving juvenile cases.

"If a juvenile is sent to Peninsula Hospital for 30 days, it's now a county bill," said Ervin. "The state used to pay for it. That could cost us thousands of dollars. We need to try to negotiate with the hospital and see if we can get the state rate. We also need to talk with our local legislators and get that changed."