Commissioners mull Amberly Court paving
Loudon County commissioners are hesitant to move
forward with a request from Road Superintendent Eddie Simpson that
would pave Amberly Court in the Amberly Meadows subdivision in
exchange for forgiveness of $40,000 owed from purchasing a tractor
with two mowing implements.
The possibility was considered during a Feb. 20
workshop. Simpson last year paid $40,000 and is scheduled to pay up
to $40,000 this year and the remaining portion next year.
Commissioners in October 2016 agreed to let Simpson
take funds out of General Capital Projects Fund 171 Subfund 600 so
long as it was reimbursed within three years. The vote passed
unanimously.
The cost was $94,000, Budget Director Tracy Blair
said at the February commission workshop.
“This is in our second payback, which is due now, and
I went to the budget committee and offered them a proposal which is
(it) doesn’t gain me anything but five years ago they committed to
Amberly Meadows to pave that up there for them and to take it in as
a county road into the county roads system,” Simpson said. “I
reluctantly agreed to do that if they would agree that they would
pay that out of general fund because it happened because someone
went bankrupt and they couldn’t supply what they were going to do.
“It shouldn’t have come out of the highway department
funds and I told them it couldn’t at the time and it hasn’t thus
far,” he added.
Although the road has not been paved under Simpson’s
supervision, he said patchwork has been maintained.
The street was accepted into the public roadway
system in August 2012, but Commissioner Van Shaver said there was no
mention of the county giving Simpson additional funds for paving.
The approved resolution mentions no source of payment.
“The commission funds his department,” Shaver said.
“It’s Mr. Simpson’s decision which roads he paves. Our commission
has no authority to tell him where to pave.”
Simpson said in 2012 there was no way to tell if the
road was constructed to county standards.
“It was not up to our specifications and it’s up to
me to core drill them or whatever it takes to make sure it’s built
by our specs,” Simpson said. “We knew it was not built to our specs,
therefore I didn’t feel comfortable spending taxpayers’ money on
something I knew wasn’t up to specifications and that was the
condition that we went ahead and took it as a county road based on
the fact that they would pay for it out of general fund instead of
out of my budget when it comes about.”
Commissioner Matthew Tinker believes the money should
come out of Simpson’s budget.
“I wish everything in the county had new pavement on
it, but it just needs to be on the list and work its way up,” Tinker
said. “If it was next to be done then he can take it out of his
budget, but the money to go to pay back the equipment just needs to
continue as is. I don’t care anything about if it gets paved, I’m
not against it getting paved, I’m just against it jumping up in
front of others — if it has, if it hasn’t then fine. He’s got a
budget for paving. There’s no reason to change that around.”
Simpson said the first round includes 10 resurfacing
projects this year at a cost of $1.16 million, with about $500,000
of that coming locally. Approval from the commission would make
Amberly Court the 11th project.
Loudon County Commission Chairman Steve Harrelson
said voting on the matter at the next meeting was still to be
determined.
“See, I gave them a list of the roads that I
wanted to pave, which I pick, I choose,” Simpson said. “They
don’t choose or designate roads to pave, the superintendent
does, and I’ve chosen those. I gave them copies of it and I
think what their fear was that we had pulled another road off
from somewhere else and that’s not the case. I was literally
just offering to take that $40,000 that they lent me and me pave
Amberly Court with it rather than return it to them.”
Plans are to begin paving sometime after the
asphalt plants open around mid-March, Simpson said. Once paved,
Simpson said further paving on Amberly Court could come out of
his budget.
“I get calls every week wanting to know when
we’re going to pave it and my deal with county commission was
that if they’ll take it out of general I’m ready to pave it
anytime they want, but they haven’t yet,” Simpson said. “I just
thought that was a perfect opportunity to say instead of me
turning this $40,000 back over to you, why not use it to pave
with and pave Amberly Court?”
For now, Commissioner Leo Bradshaw said his vote
is “no” toward the forgiveness.
“I think I’m inclined that it needs to come out
of his paving money that he already has without a doubt because
that’s not a lot of money,” Bradshaw said. “... Hopefully he can
find the money in his asphalt paving budget. In other words, I’m
inclined not to forgive the $40,000 that he’s paying back on the
tractors that he had bought.”
County balks at road paving
Loudon County Commissioners debated Monday
the paving of roads in a Loudon subdivision, opting to let
the county’s budget committee devise a plan.
At the heart of the discussion was $40,000
owed the county this fiscal year by Road Superintendent
Eddie Simpson and a plan to improve roads in the Amberly
Meadows subdivision.
Commission in October 2016 approved up to
$120,000 for Simpson’s department to purchase a new tractor
with two mowing implements. Simpson paid $40,000 last year
and was scheduled to pay another $40,000 this year and the
remainder thereafter.
Simpson recently asked for forgiveness of
this year’s $40,000 to put it toward Amberly Meadows paving.
“What I did is I made the proposal because I
understand it needs to be paved there,” Simpson said. “It
needs it desperately, but it doesn’t meet the criteria to go
above all the other roads in the county that needs to be
paved today. We’re going to pave probably 25 miles this
year. ... I don’t gain anything from doing this, but I had a
tractor to burn and they were nice enough to loan us $95,000
to buy a new tractor in the middle of the year and I
appreciate them doing that.”
Simpson said in 2012 during a workshop that
he agreed to take the road as long as the county paid to get
it to county standards.
Documentation could not be provided to verify
or dispute Simpson’s claim. Minutes aren’t taken during
county workshops.
“The highway department paves streets, and
the county accepted the streets into the county road system
in August of 2012,” Van Shaver, county commissioner, said.
“... Essentially, those roads could have been paid anytime
since August of 2012 up until today. We have never midstream
come along and added additional money — given more money to
pay for roads.”
Shaver worried if the county agreed to move
forward with giving additional funding, it would set a
precedent.
“There is a process, we finance the highway
department,” Shaver said. “It’s local money, federal money
and state money is what it operates on. If he wants to come
at the next budget process and ask for an increase in
funding, that’s his option. This coming to us and saying,
‘Give us more money to pave the roads,’ is just not the
process that works.”
Commissioner Harold Duff said the county
needed to consider a “missing link” in that the line of
credit the developer set with the bank expired, and that it
was partially county representative Russ Newman’s
responsibility to keep up with lines of credit for
developments. The developer left years ago.
“Because that is a county employee’s
responsibility, I think it’s our responsibility here as a
county commission,” Duff said. “... If it is our
responsibility then I think that we need to take the
proposal that’s laying here before us that’s on the agenda
tonight for a vote.”
Commissioners Earlena Maples and Kelly
Littleton-Brewster agreed with Duff.
County attorney Bob Bowman claimed the
responsibility fell on the developer, not Newman, Shaver
said.
Even so, Duff felt the county was held
partially responsible.
“I think it needs to go back on the 19th to
the budget committee,” Henry Cullen, county commissioner,
said. “Eddie Simpson comes in, we can get a hold of the
county attorney and find out what information he has.
There’s just some more things we need to know.”
Amberly Meadows residents were present and
expressed their worries.
“We’re concerned that we’ve got elderly
people that live in that community and emergency services
has to get in and out of there — ambulances, fire trucks —
and these are good, tax-paying elderly people that we really
need to make sure that we can secure that roadway back into
there,” Kurt Zimmermann, resident, said.
Amberly Meadows resident Randy Davis said the
road’s base was eroding “bad.”
“It just is not a wise decision to
procrastinate on top-coating this and get it sealed off much
longer,” Davis said. “It’s presenting a hazard, and it’s
only going to get worse.”
Commissioner David Meers said the plan is for
it to go through budget committee and possibly vote at the
April meeting.
Cullen motioned and Meers seconded, with the
vote passing 8-2. Duff and Brewster opposed.
NMS funding
Commissioners considered and ultimately
passed the transfer of $150,000 from General Purpose School
Fund 141 to Education Capital Projects Fund 177 Subfund
Adequate Facilities Tax to offer additional funding for
North Middle School’s construction of a fine arts facility
and additions to the basketball locker rooms.
Last year commission agreed to give $550,000
for the new room.
“You want to spend $600,000-$700,000 for a
middle school band room and you’ve got the elementary school
across the street having a fundraiser selling jump up and
down tickets to try to buy school supplies. We got a serious
problem,” Shaver said. “Unfortunately, there’s nothing this
board can do about it, that’s the school board. The school
board is who is responsible for that kind of spending, not
us.”
Commissioner Bill Satterfield disagreed.
“Just like the fine arts room at North
Middle, I think I’d be correct that’s probably the highest
enrollment school in the county as far as number of
students,” Satterfield said. “They have outgrown what
they’ve had. ... All of a sudden now the whole project
becomes tainted because there’s an athletic element to it.”
Satterfield and Commissioner Leo Bradshaw
motioned and seconded, respectively, with the vote
passing 10-0.
More jail funding
A rising inmate count resulted in Loudon
County Sheriff’s Office representatives seeking $130,000
in new money and $52,850 from its sheriff’s department
budget to transfer into the jail budget.
Commissioners Shaver and Matthew Tinker
motioned and seconded, with the vote passing 9-1. The
sole opposing vote was Brewster because she worried
about the amount of overtime presented. Commission
agreed to vote on County General Fund 101 separately
from other budget amendments because of the jail.
“Missing the figure by that much, 101
hours overtime monthly, I mean that’s quite a bit a
month,” Brewster said. “To me it just sounds like
there’s a budget, there’s a scheduling problem in there
or something for it to come up as 101 hours overtime
monthly.”
Approval includes about $10,000 for
medical, $77,000 for drugs and medical supplies, $30,000
for food service and about $35,000 for deputy overtime.
In other news, Loudon County Commission:
• Approved applying for a grant through
the Tennessee Department of Environment and Conservation
for household hazardous waste. No local match was
required.
• Rezoned 3.3 acres from A-2, Rural
Residential District, Planned Unit Development to A-2,
Rural Residential District, Planned Unit Development
with 2.5 units per acre density referenced by tax map
016, parcel 397, located at 4607 Beals Chapel Road,
Lenoir City.
• Moved forward with an application and
acceptance of $8,800 for a Tennessee Department of
Transportation grant for railroad crossing improvements
on Morton Road. A 10 percent match is required from
Highway Department Fund 131.
• Approved application and acceptance of
Pettway grants of $1,250 for Loudon Library and $3,000
for Lenoir City Library. No match is required.
• Passed amendments to Recycling Center
Fund 116, Highway Department Fund 131 and General
Purpose School Fund 141.
• Approved three resolutions authorizing
sale of the Tellico Village delinquent lots for
$2,227.26 each. Local attorney Joe Ford asked commission
to pass the motions to avoid complications with the sale
of lots. Shaver said it was to satisfy the need of a
title company to be able to write title insurance.
Commissioner Leo Bradshaw made the motion for all three
actions, including the sale of tracts 1-139 to TV
Holdings LLC for $2,278.26, each payable in credit
toward assessments. Tinker seconded the motion. Bradshaw
motioned for finding that is impossible to sell tracts
140-203 for a total amount of taxes, penalty cost and
interest. Cullen seconded the motion. The third vote
approved the sale of tracts 140-203 to TV Holdings LLC
for $2,278.26 each. Cullen seconded the motion. Ford
said he would be back in 6-9 months for disposal of the
remaining lots.
• Passed a resolution showing support for
state Rep. Jimmy Matlock, R-Lenoir City, to work toward
resolving an issue with the county not having the final
say in payment in lieu of tax agreements through
industrial development boards.
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3/14/18