Poplar Springs sparks debate in Loudon
After a 5-5 vote by Loudon County Commission halted
work on the old Poplar Springs Landfill, Loudon City Council voted
3-1 on Aug. 28 in a special called meeting to authorize the letting
of a contract bid.
The vote was largely symbolic. Work can’t take place
on the former landfill unless commission authorizes moving forward.
“I would like for a motion to be made sending a
signal to Loudon County and Lenoir City, our two partners in the
Poplar Springs Landfill, that Loudon city is on board with the
remediation project — with the contract being signed to allow for
remediation to be done,” Joe Ford, city attorney, said. “… This is
the advice of J.W. Luna, the environmental attorney hired to help us
with this project.
“... Poplar Springs Landfill most directly effects us
because it sits right up against the city,” Ford added. “Everybody
familiar with where it is, it’s a very personal issue for us. I
think that it’s something the city needs to show support for.”
Luna Law Group PLLC is at the center of the
controversy surrounding remediation at Poplar Springs. Legal fees
for the Luna group have cut the reserve fund for the landfill below
$200,000 after a pending $15,000 invoice is paid. The balance in the
reserve fund was $437,968 just four years ago.
Kelly Littleton-Brewster, one of the commissioners
who voted against landfill remediation at the Aug. 21 commission
meeting, attended the city council meeting to stand behind her vote.
“If we go through with this grant contract then we’re
going to be in the negative at $76,000,” Littleton-Brewster said.
Ford took issue with Littleton-Brewster’s
calculations due to $88,000 the county authorized to be paid to
Loudon County attorney Bob Bowman out of the reserve fund for acting
as a liaison between the county and Luna Law Group.
“You can’t just take that out of Poplar Springs.
That’s Loudon’s money,” Ford said. “... Not until this board and
Lenoir City passes that.”
Littleton-Brewster’s calculation also did not include
$87,000 from a matching grant, though it was unclear if that is
still on the table.
“We’ll be forfeiting that if we don’t move forward,”
Jeff Harris, city councilman, said.
“We might be forfeiting that anyway,” Ford added.
Loudon Mayor Jim Greenway laid blame for the
excessive legal fees at the feet of the county.
“When the city gave permission to the county to
oversee that fund, whose oversight did it become that, that work get
done?”
Greenway said. “It didn’t get done. So now after we’ve frittered away all the money, somebody is raising their hand and saying, ‘Hey.’”
Littleton-Brewster laid blame at the feet of County
Mayor Rollen “Buddy” Bradshaw.
There was also disagreement between
Littleton-Brewster and council on the details of the remediation
contract. Ford and Harris both believe the contract would include
any further remediation cost over the next 10 years.
Littleton-Brewster does not.
“The document at the courthouse says a 10-year
maintenance easement agreement,” Littleton-Brewster said. “But it
says nothing about funding.”
Littleton-Brewster reiterated stances she took
following the commission vote that property owner Herb Newton should
share in responsibility for the land and that TDEC should determine
responsible parties before any more money is spent.
“It is in the city of Loudon’s best interest to
protect its citizens,” Ford said. “... The contract is laying on
the desk at the purchasing department to be signed. That was
going to start Sept. 1 if that could be signed. It’s not going
to be signed because the county commission deadlocked us at 5-5
and said we’re not going to allow the county to participate.”
Ultimately, council voted 3-1 with Johnny James
against and Lynn Millsaps absent.
“We need to cut the expenses off, but we’re just
increasing them the longer you drag this out,” Harris said. “We
can’t cry over spilt milk. We can’t get that money back. So this
is not doing anything but costing us more. ... If (Tennessee
Department of Environment and Conservation) comes in and makes
us do it, we’re still going to have to pay to do it. Where’s
that money doing to come from?
“It’s the same thing,” he added. “If they force
us to do it, we’re still going to have to pay for it. So why
don’t we just pay for it and fix it and go on? It’s going to
happen one way or the other. ... I think that’s the last thing
we want is for TDEC to come in and tell us what to do.”
Process starts again
Loudon also voted unanimously, with Millsaps
absent, on a first reading of the 2017-18 fiscal year budget.
A second reading of the budget failed in a
deadlock Aug. 21, prompting the special called meeting.
With the Aug. 28 vote, Loudon will now attempt to
pass a budget, which will also allow for the passing of the
city’s tax rate, at the Sept. 18 meeting.
Council set a public hearing for 6:25 p.m. Sept.
18 with the meeting scheduled to begin at 6:30 p.m.
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9/18/17