Oneida Takes a Turn in the hot seat
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Oneida Takes a Turn in the hot seat
Absent Aldermen force second vote on Jackson Law
By Shane Gilreath
After weeks of governments being in the hot seat over the proposed Winfield landfill, Thursday saw the Oneida Mayor and Aldermen face the public at the monthly meeting at City Hall. In a room that remained predominantly full, including media outlets from other counties and Knox Horner, the Cleveland, Tennessee, native, who is behind the landfill debate, public participation was quick to the start after Mayor Lori Phillips-Jones acknowledged that it was good to see public involvement.
The second attendee to approach the microphone was Horner himself. Following a statement last week to SCN saying he would not make any further comments to the media, Horner, despite a weakened voice that did not carry well through the room, seemed unfazed by the recent public outcry or being encompassed by dozens of citizens who have actively opposed him. “I, respectfully, request that we can meet with the Mayor and City Representatives of this town to answer some questions and find some solutions,” Horner asked.
Mayor Phillips-Jones was quick to respond.
“I have received the public records request from your attorney,” Phillips-Jones retorted. “That prompted me to have some information requests of my own, so I put those in letter form, if I can give that to you. That will aid us in our information gathering and some questions we have for you, as well.”
Despite some prior criticisms alleging connections to the landfill project, Phillips-Jones and Aldermen’s handling of the landfill crisis seemed to draw approval from some speakers. More than once the board’s actions drew applause from attendees.
Ralph Trieschmann, the Chair of the Industrial Development board, rose to remark on the actions of Horner. The Cleveland native’s behavior has, at times, seemed aloof, as Horner vacated the Thursday’s meeting after addressing the board. “They are bringing in trash from all over the country,” Trieschmann said, as he turned to address the audience. “We are already concerned about what’s going on at Volunteer Landfill.”
The concerns of Trieschmann, who owns Timber Rock Lodge, have long been expressed across Scott County, even making their way to Whitley City on Friday, when alleged violations became part of the public discussion at the McCreary County Fiscal Court meeting.
“This is not a fight that’s over, and there’s many opportunities to stop it, stall, delay, complicate, make it not worth his while to do this and kick them out of town,” Trieschmann assured, gaining a round of applause.
It would not be the last ovation. An impassioned Jennifer Shockley armed with Tennessee statutes on public health and safety next approached the lectern. “You have the power. You can rezone that for the public health of the county,” Shockley told the Oneida board. “Right now, you guys have that power before it starts and all of this will not be a problem.”
Shockley cited the Williamson, Tennessee, landfill fight which fell along much the same concerns and was opposed by citizens.
As was the case in Williamson, there were concerns for public health, but once a state permit to establish a new landfill is obtained, requiring a series of public notices and disclosures about the types of waste that will be deposited – Horner has said Class I waste – landfill owners can privately petition to accept additional and potentially hazardous materials.
“Please, I beg you,” Shockley urged, “You don’t have much time.”
Following community pleas, Mayor Lori Phillips-Jones took action, reading a resolution to adopt Jackson Law, a Tennessee option law, which allows county and city governments to adopt its legalities by a two-third vote. Once adopted, Jackson Law legislates that all new construction of new landfills must first clear local government bodies unless the landfill only accepts waste generated by its owner and in the same county as the landfill itself. If a landfill is initiated within a mile of an incorporated town, the governing body of that town must also approve plans before construction can be begin. The law also requires some transparency in the process, dictating that public notice and public hearings are required before the vote of the legislative body.
Though Jackson Law passed unanimously among those present, that vote was called into question by Shockley on the basis of the law’s two-thirds provision. Only three members of the board were present to vote. Two others joined electronically. Late Thursday, Town Recorder/Treasurer Brent Ellis confirmed to SCN that the resolution would be re-proposed at the July 17th meeting.
“While tonight’s meeting met quorum requirements for conducting most business,” Ellis confirmed, “the statutory requirements for that particular resolution does require 2/3rd affirmative vote of the legislative body, which would require 4 yes votes.”
Next came the town’s overlay ordinance, a measure previously taken by Winfield. Such an ordinance refers to a zoning district that is applied over the top of an existing zone for the purpose of stricter regulations. These additional codes can introduce new, tighter requirements that apply alongside the underlying zoning regulation. Overlay zones are commonly used to address specific issues, including environmental protections. After amendments were made to the ordinance at the request of Alderman Mark Byrd, Mayor Phillips-Jones asked for the issue to be tabled, awaiting approval of the Planning Committee on July 21st. If approved, Byrd’s proposed changes will mandate that future landfills be placed two miles from a school or one mile from a residence.
The last issue on the agenda was a proposal for the Town of Oneida to join a Coalition of Governments, banning together in opposition to the creation of a new landfill. Aldermen Jeff Tibbals, who attended electronically, questioned the absent mention of the Scott County Commission.
“They are looking at a similar resolution,” Phillips-Jones informed Tibbals. “We have asked them to join the coalition.” Despite some negative remarks from the audience, Scott County is scheduled to take up the issue on Monday (after SCN goes to press) and Winfield will do the same next week. Actions by those bodies will appear in future editions of SCN.
Oneida’s Resolution, effective immediately, was similarly worded to those already passed, allowing the town to examine the issue of landfill from various angles, which may include the employ of specialists, including legal professionals, to advise. Among those already slated for participation are Steve Owens, General Manager of Oneida’s Water Department, and Ronnie Duncan, Water Plant Supervisor, who will serve as technical advisors at the request of the mayor.
