By Michael R. Moser / mmoser@crossville-chronicle.com
The opening of a construction and demolition landfill within the city limits of Crab Orchard was not part of the vision that residents there had for their community. With more questions than answers, the Board of Aldermen voted 2-1 against approving transforming an old rock quarry into a construction materials dump.
In a rare special-called Friday night meeting, about 100 area residents filled the town hall to attend a public hearing that was followed by a brief board meeting during which the binding vote was taken.
"I am concerned this will hurt the growth of Crab Orchard," said Mayor Emmett Sherrill. "I am afraid it will hurt us."
Alderman Darlene Mullinax made the motion to deny approving Surplus County Property Investment's (SCP) application to turn the old county rock quarry into a Class III landfill. Mayor Sherrill seconded the motion. Voting against denying the application was Alderman Patrick Barnes.
The vote is binding and an application can only be resubmitted if one of the two voting against the permit bring it back to the table for the board to consider. SCP does have the right to appeal the ruling to Cumberland County Chancery Court.
Under the Jackson Law, local communities and counties, where zoning does not exist, have the right to approve or deny landfill permits in their communities. Pleasant Hill is the only community in Cumberland County that has zoning laws.
In order to have been granted, both the city and the Cumberland County Commission would have to vote to accept the application. If one voted no, as in the case of Crab Orchard, then the issue is moot.
City attorney Kenneth Chadwell, on behalf of the mayor and town, conducted the public hearing during which a parade of witnesses spoke out against the application.
Among the fears expressed was the lack of answers concerning environmental issues that opponents said were not addressed in the application, the affect the landfill would have on future projects and developments in the city and how what went into the landfill would be controlled.
Some who spoke out against the landfill felt they had been victims of SCP's blasting when the company was operating the rock quarry. Many complained about damage to their homes and property, and some expressed concern over the quality of drinking water, now and in the future.
Resident Joe Sherrill urged the board to move cautiously when considering the application. "You can always say no, and yes later, but you can't say yes and no later." Once approved by the city, the issue would have been out of Crab Orchard's jurisdiction.
He asked if the opening of the landfill would fit in with a vision of Crab Orchard's future. He noted that if the operation generated income for the community, one earmark for that income could be development of a sewer system.
But he also said that opening the landfill might not be in the best of interest of the community's future growth.
Long-time resident Charles Carter asked why it was necessary to open the landfill inside the city limits. "Put it in the county where it is not going to affect the city."
Resident Jean Cheely is a member of the Cumberland Trails Conference and has been working to purchase Lone Star property to add to the trail. If successful, CO would have an opportunity to develop as a stop over and destination for those hiking on the trail.
"Crab Orchard has always been a way station for travelers," Cheely noted, referencing stays at the Crab Orchard Inn by President Andrew Jackson and other travelers and historical figures. "This could be a vision for Crab Orchard now, and it would be protecting what we have got here."
Cheryl Bryant added that the town has been working to achieve the Five Star City designation. Presently the community holds a three star classification. "Will we still get improvements grants? How will this affect that program?" she asked.
Area resident and attorney Jim Thompson (not the county attorney) described the application submitted to the city as a summary application "with no meat in it."
He said the application had no studies included on evidence of impact to property owners, the community, and how other environmental issues.
He said denial could and should be based on an inadequate application that did not answer questions that the city needed to know.
Jason Kemmer, whose late father and grandfather served as mayor of Crab Orchard, researched state law and contracts between private developers and public entities in other states and came up with a guide for the board to study, which he said was fair to both sides of the issue.
"If it can go in and be safe, that's great," said Kemmer. "If it is going to harm others, it is not what's best for the town."
The hearing opened at 6 p.m. with Doug England of Field's Engineering Consultation Services presenting a slide presentation reviewing the law, the application and the goals of the company. The presentation said the landfill would provide jobs for area residents and revenue to the city.
The state would be charged with monitoring area water quality four times a year at a minimum, England said.
The landfill could handle anywhere from 40,000 to 200,000 tons of construction materials a year and revenue for the city was predicted to range from $28,000 (at 70 cents a ton) to $420,000 (at $2.10 per ton).
However, those in the audience, using state figures provided by the company, predicted the income would be closer to $11,000 annually.
It is not known if a decision has been made to appear the town's decision to Chancery Court.
