Crossville Chronicle, Crossville, TN

Area News

February 7, 2012

Water off at Renegade in spite of court order

In spite of a Chancery Court order, at least 84 condominium units and two homes on Renegade Mountain remained without water Monday after the water supply was turned off last Wednesday night.

"This is a disgusting situation and the state has done nothing to help us whatsoever," said Renegade Mountain Community Club President John Moore.

Residents of the Cumberland Point Condominium units and Moore managed to contract a trucking company to deliver a tanker with 6,200 gallons of treated water Thursday morning in an attempt to hold residents over with an alternate water supply until the regular water system could be restored after a meeting/hearing with 13th Judicial District Chancellor Ronald Thurman Friday afternoon.

The hearing was to discuss an injunction and temporary restraining order to have the water supply and system turned back on.

The water was turned off by the Laurel Hills Condominiums Property Owners Association.

"They turned the valve off that brings the water to the Cumberland Point Condominiums. That's 84 of the 120 customers who receive water up here," said Moore.

There are currently 11 units that are occupied in the Cumberland Point Condominiums and two homes that do not have water.

Moore and the Renegade POA board hired attorney Melanie Davis of Kizer and Black, Attorneys, LLC to pursue filing the injunction against Laurel Hills Condominiums Property Owners Association.

Chancellor Thurman issued the restraining order and directive Friday, Feb. 3, at 2:40 p.m.

Thurman's order states:

"It is hereby ordered that the defendants, Laurel Hills Condominiums Property Owners Association Inc. Michael McClung and Phillip Guettler, individually and as directors of the Laurel Hills Condominiums Property Owners Association, their agents, servants, employees and attorneys in all persons in active concert, participation with them be and are hereby restrained and enjoined from:

"1. Attempting to stop the flow of drinking water (or restore if flow has been turned off) to the owners as identified in the complaint and to other custorners of the Laurel Hills Condominiums Property Owners Association, Inc. water system.

"2. Attempting to dismantle or remove any portion of the current or former water system inclucling but not be limited to pump, storage tanks and devices, distribution piping and other equipment.

"3. Interfering with state, Crab Orchard Utility District officials, or other governmental officials who are attempting to ensure the drinking water at issue is safe and reliable in accordance with the regulations promulgated by the Tennessee Department of Environment and Conservation.

"It is further ordered that this restraining order shall remain in full force and effect for 15 days or until otherwise ordered by this court."

Problems began Jan. 27 when Laurel Hills Condominiums POA, the current owner/operator of the private water distribution system on the mountain, planned to suspend electric service to the water system on the Mullinix Dr. pump house.

Residents were able to transfer the power service from Laurel Hills Condominiums Property Owners Association into the name of the Renegade Community Club in order to keep continued water service.

However, Laurel Hills Condominiums POA turned the valve off to the water supply for the Cumberland Point Condominiums sometime Wednesday night.

Darrell McQueen, a full-time resident on Renegade Mountain in Cumberland Point, said, "I hope the situation will resolve itself soon, but I don't see it. The boards have met and tried to talk before, but we haven't been successful."

The dispute began over water fees after Laurel Hills Condominiums POA, owner of the water system, sought to raise the monthly water fees from $25 per month to $86.40 back in June of 2011. Some residents have paid in full, but others paid an agreed reduced amount of $43.20 per month until the water rates would be re-evaluated in January 2012.

Laurel Hills Condominiums POA sent a letter to residents stating they were terminating water service on Jan. 31 unless they paid the full amount due, dating back to June 2011.

Thursday morning, McQueen, a retired engineer, and Ron Hill, a Cumberland Point Condominium owner, were designing an alternate system and attaching a hose to get water from the tanker to the main water line so the condo units would have a water supply again.

"There's 6,200 gallons here and that should, hopefully last about a week and the company will bring another full tanker if we need it. We hope it's resolved before then," Hill said.

Moore said TDEC representatives came to Renegade Mountain early Friday morning and ordered the alternate water supply with the tanker be shut down immediately.

A spokesperson for TDEC, Meg Lockhart, said it was a violation of federal law, the Clean Drinking Water Act, to hook up a temporary water supply without it being tested or certified by the state.

Although Chancellor Thurman issued the temporary restraining order Friday afternoon, it has not been served to McClung, Guettler or the Laurel Hills POA, because there is no one at the office and there is no phone at the Laurel Hills POA.

Moore said it was presented to the Laurel Hills POA water operator, Gerald Williams. However, Williams, said he has only worked as a private contractor for Laurel Hills POA on the water system for testing. He said Moore called him and told him about the court order, but he did not have it in his possession.

"I told him that I felt it was up to the owner of the system to turn it back on and I wasn't going to do it without (the owner) telling me. That's up to the owner (Michael McClung) of the system," Williams said. "It was turned off for non-payment of the bills."

Williams said any other information regarding the situation would have to be obtained from the Laurel Hills Condominiums POA.

McClung did not return any calls as of press time Monday.

Moore said that TDEC representatives came Friday night and again Saturday morning to ensure the alternate water supply/tanker system was not reconnected.

Moore said that over the past couple of weeks he has contacted State Sen. Charlotte Burks' office and state Rep. Cameron Sexton and that they have not returned his calls.

"It's frustrating because I don't have any answers and I can't get any answers. It seems like the state would help us to at least get a temporary water source running, but we're not getting any help on any level," Moore said.

Wendell Blair, a full-time resident who lives in the Cumberland Point Condominiums said, "There are still people living up here and most of them are retired and living on a fixed income. They can't afford a rate increase like that and they can't handle this living without water. I hope something gets worked out soon."

Further developments of the story will be published as they become available.

TDEC officials and spokespeople were unavailable for comment as of press time Monday.

 

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