Council approves consent order for
Sugar Hollow; memorial
committee honored
By Thomas Wilson
STAR STAFF
twilson@starhq.com
Elizabethton City Council voted to approve a
consent order city officials hope will bring a cost-effective
solution to recapping the Sugar Hollow Dumpsite.
City Manager Charles Stahl said city administrators
had talked with state officials regarding a method of remediating
the site with payment made by the city over a period of time.
"My hope is up to 10 years," said Stahl of the
state's option for the city's payment of up to $650,000 to
remediate the landfill.
"It is something we need to have an extended
period of time to do," added city Planning Director David
Ornduff. With the consent order's approval, the city is expected
to enter the Voluntary Cleanup Oversight and Assistance Program
(VOAP) to remediate the site and put a clay cap on the landfill.
A state-hired consultant had estimated recapping
the landfill would cost $650,000 if the city entered the state's
Voluntary Cleanup Oversight and Assistance Program and performed
the cleanup without major state intervention, according to
a TDEC representative.
If the state does the entire capping work, the
re-capping cost rises to an estimated $1.6 million, according
to the state.
The Sugar Hollow property was leased by the city
for use as a solid waste dump site in 1958. The dump remained
open until the early 1970s when the state ordered the site
closed by July 1972.
The Tennessee Department of Environment and Conservation
began a preliminary assessment of the site on the request
of the Environmental Protection Agency (EPA) in 1997.
Also at issue was a negotiation between the city
and Mapes Piano Strings Company regarding the company's level
of financial participation in remediating the landfill.
Mapes had removed 60 cubic yards of hazardous
waste-like material located on the surface of the dump after
TDEC conducted a site investigation of the landfill in May
1999, according to the TDEC officials.
Mayor Sam LaPorte stated that regardless of proposals
proffered to the city, it was the Council's responsibility
to consider and make agreements presented by city administration.
"We are going forward with or without Mapes,"
said LaPorte.
Attorneys representing Mapes Piano Strings Company
had offered to contribute over $46,000 plus a $5,000 fee --
to participate in the city's remediation of the landfill,
according to correspondence to Stahl.
In a letter from Stahl to Mapes' attorney, the
city said it was prepared to enter into a consent order with
the company subject to certain criteria.
However, the city advised the company it could
not indemnify the company from other liabilities regarding
the landfill, and asked that Mapes offer to contribute 15
to 20 percent of the $650,000 costs to bring the landfill's
existing cap up to state Subtitle D Standards.
The Council voted 6-0 with Diane Morris absent
to approve the consent order.
In other business, the council also once again
heard complaints regarding noise from citizens residing near
Creekside Coffey Cafe on the Milligan Highway.
"I don't know what to do anymore," said Robert
Szabo, who appeared before the council with a complaint last
month. "You can only take so much."
Szabo said noise, especially music, emanating
from the business frequently kept his family up at night.
The cafe's owner, Jack Coffey, told the Council
the restaurant had been opened one year with no complaints
from any residents -- until the business received its license
to sell beer in August.
"We opened on June 23, 2001," Coffey said. "This
did not start until we got our beer permit. They detest the
fact we have a beer permit."
The Cafe has an on-premise permit to sell beer
issued by the city. The permit requires a minimum seating
capacity for a business and 51 percent of a restaurant's sales
must come from food offerings.
Coffey disputed Szabo's claim that music had
been played after midnight on Wednesday night and other nights
alleged by local residents.
"We've had music there," Coffey said. "(Police)
have come out nine times that I know of and one time out of
nine it was found to be loud. We are trying our best to keep
things contained."
Coffey produced a device he claimed measured
decibel levels and offered to provide them to the city's police
department to gauge noise levels outside the business.
An issue separate to noise but possibly pertaining
to the restaurant's license to sell beer was a recent citation
for allegedly selling alcohol to a minor.
Elizabethton Police Deputy Chief Larry Shell
said the restaurant had received one citation for prohibited
sale of alcohol to a minor during an undercover operation.
Stahl said the Council could convene as the city
Beverage Board next month to hear the police department's
findings of the sting operation gauging the potential sale
of alcohol to minors to beer permit holders.
The Council also recognized the Veterans War
Memorial Committee that mustered support for the memorial
in downtown Elizabethton. The Committee received over 400
individual case donations ranging from 50 cents to $15,000
totaling over $115,000 to fund the memorial's construction.
In-kind contributions totaling $150,000 were
also received in support of the monument.