County to city: "So sue me." City to county: "OK."

Submitted by Bbeanster on Tue, 2007/10/16 - 4:35pm.

The city filed suit against the county today over the stormwater ordinance.

3
vote

Bean, what happened to the

Bean, what happened to the supposed negotiations? Any word?

Larry Van Guilder

Dunno.Didn't Haslam say

Dunno.
Didn't Haslam say negotiations and lawsuit could proceed on parallel tracks?

Sort of like Reagan's old "Trust, but verify" motto, I think....

Pretty sure this is right.

Pretty sure this is right. If I understand correctly, the County has 30 days to reply to suit, during which they'll keep talking.

I'm glad to see the City keep the pressure on.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

Tee's picture
Per today's Sentinel

Per today's Sentinel article: "The committee’s first meeting last week was postponed as engineers for both governments met on their own, and later said most of the issues could be resolved with minor tweaks to the county’s ordinance."

It sounds to me like they are making a lawsuit mountain out of a minor tweaks molehill. Heaven forbid they actually listen to expert opinion.

Umm, they spent I don't know

Umm, they spent I don't know how much time and $$ getting expert opinion - and then County Commisison threw a bunch of it out the window.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

Tee's picture
Heh. Well, I was referring

Heh. Well, I was referring to the experts within our own City and County engineering departments. You are correct that they spent much time and taxpayer money on the expert third-party review that the City insisted upon, only to turn around and come up with "the list" of issues they are now suing over.

Regarding the County Commission amendments to the ordinance, and please correct me if I'm wrong, but I'm pretty sure there were only 2. One regarding the pipe material that can be used in certain situations, and the other raising the minimum fine for violations from $50 to $250. I think raising the fines was a good move. However, I do have issues with County Commission ignoring the recommendations of the engineers on pipe material. They, too, should try listening to the experts.

First they reduced the fine

First they reduced the fine from $1000 to $50. Then on second reading they "increased" it to $250.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

Oh da Clone's picture
no, rachel, first reading

no, rachel, first reading was proposed to be $50-5,000 with a minimum of $1,000 for fines against land development projects. The $1,000 part was struck by Commission. On the second reading, an amendment to change the range from $250-5,000 for all fines was approved. So, it went 50/1000 to 50/50 to 250/250. Remember, the fines are not only for developers. They could also be for you and me :)

a minimum of $1,000 for

a minimum of $1,000 for fines against land development projects. The $1,000 part was struck by Commission.

That's the part I remember. I remember Bruce W. saying something like "$1000 will get their attention," which was about the only non-wimpy thing he said all day (gee, we're recommending one version of this, but if ya'll want to make big changes, that's ok with us....)

Most of the big problems are created by developers. As anybody who's paying attention knows.

As for the fines applying to me, I've got no problem with that. If I create that kind of problem, I ought to pay for it. And I don't plan to lobby Lumpy to get me out of it.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

I think TetraTech actually

I think TetraTech actually recommended other materials, although
they didn't mention what types. I believe it read that the "city
should offer more flexibility". There are two kinds of plastic
pip: PVC and HDPE. From what I've read in othe water districts,
HDPE can be better than concrete, but it's more expensive, so that's
not something anyone here would use. PVC *may* work as well *IF
PROPERLY INSTALLED*- that's the catch. Many districts are moving
away from CMP (corregated metal) and rightfully so, but somehow
Commission took "more flexibility" to mean CMP. TetraTech should
have been much more specific re: pros/cons in their report.

-----------------------------------------
Fighting for Reform and Representation, Fourth District
Steve Drevik, Commission Seat 4-B
Link...

Properly installed is a problem

Reinforced concrete, PVC, and metal pipe all have advantages and disadvantages. Some metal drainage pipes installed over fifty years ago are still in good condition in Knoxville. Some concrete pipes have failed in less than ten years. Most failures are a result of improper use or installation. Concrete pipes with cracks or flaws can collect water and freeze which destroys the pipe. Metal and PVC properly installed with reinforced concrete, will withstand better because of the pipe acts as a liner protecting the concrete. Several metro areas in the U.S are repairing damaged concrete pipes with PVC or metal liners to protect the concrete.

I can remember when PVC first came to this area in the 1960s, Knoxville refused to allow it for sewers. The only reason they changed was because cast iron pipe was no longer being produced.

I'm not an engineer, but I know engineers who disagree with Knoxville on the one pipe decision. I understand that sometimes concrete is the better choice and other times PVC is the better choice, it depends on the site, load, area to expand, water flow, and more.

Why not let the engineers do there job, and decide which pipe to use for each site. Most developer don't use an engineer in making the decision about drainage pipe, thats what really needs to be changed.

Lobster's picture
Well, you have 30 days to

Well, you have 30 days to respond to practically all civil suits, per the Tn. Rules of Civil Procedure. But, negotiations can continue at any stage, and they will continue here. The fact is, both sides have said publicly there has been some progress made, but they remain far apart on a resolution. The city has decided to institute legal proceedings for two reasons. One, to add pressure to the County to negotiate in good faith. And, perhaps more importantly, to simply have the ball rolling in the event that negotiations do not bear fruit.

At the time of passage of the "lumpy amendments", Commissioner Lambert said on camera that "I don't think the City will sue us." For the 3,940,833rd time, he is wrong.

Owings

And, Owings said he had no problem with the watered down ordinance and that he could defend it, or something like that, should the city sue. Once again, bad advice by the County law dept. But at least he is now telling the commission to do a "redo" of the storm water vote because of Lumpy and Cate's outed "conversation". (Of course Cate is denying he ever talked to THAT man about storm water.)

Factchecker's picture
Commissioner Lambert said on

Commissioner Lambert said on camera that "I don't think the City will sue us."

...because of Lumpy and Cate's outed "conversation". (Of course Cate is denying he ever talked to THAT man about storm water.)

Talk about foot in mouth. But Repugs don't get characterized as such.

Way to go.........

Way to go Lumpy! This fool just keeps screwing up.

Lumpy, PLEASE, PLEASE, PRETTY PLEASE................RESIGN!!!

The differences aren't

The differences aren't minor- see reform4.blogspot.com, I have a link to the PDF.

One major issue is that the county director can just overlook any violation, making the 'rule' not an ordinance with the power of law, but little more than a suggestion.

I would think that's a huge issue for the city, much bigger than CMP.

Tee's picture
Yes, I've seen the list. The

Yes, I've seen the list. The statement attributed to City and County Engineering experts that issues can be resolved with "minor tweaks" was made after that list was reviewed by representatives of both departments.

For anyone who missed it, here is the response to the lawsuit from the head of the County Stormwater department. Link...

Pay special attention to the portions regarding the City's participation in writing the new County ordinance (that's right...they helped write the darn thing), the absence of liability for pollutants that originate outside the City's corporate limits, and the comments from EPA policy makers who were "impressed with Knox County's approach" in addressing pollution prevention.

Question??

If this is SO very important that the city in fact should sue the county over the non-agreement of the 'As Strict As' policy, Then where were the city's people during the county's public meetings this summer? There were four. If it was that important to the city - it should have been just as important four months ago. Why did they not speak up then- if the 22/23 'tweaks' they are talking of- do not match the 'ASA' policy then they need to get with the experts and work it out. But now they want to go to court over it? And spend our money because............................

Yield you not to ill fortune but go against it with more daring.

Virgil

Tee's picture
First they reduced the fine

First they reduced the fine from $1000 to $50. Then on second reading they "increased" it to $250

The minimum fine was $50 prior to the new ordinance, so, in the end, it was increased. Not as much as had been recommended ($1000), but an increase, nonetheless.

Interestingly, the City's minimum fine remains $50.

dealers of all kinds of p.v.c pipes

Ad Description/Text: Manufactures of P.V.C Bendes, Junction Boxes & all kind of Electrical Conduct
Country: India
State: Karnataka
City: Bangalore
Zip Code: 560026
Telephone No: 9972480679/9902274201
Address: Door No.243/5, 2nd main H.B.G. Layout 2nd cross, Devrajaurs nagar old guddadahali, Banglore-560026

Sorry Wrong List

dealers of all kinds of p.v.c pipes

I believe you meant to send that to the Knox County Commission e-mail address. :-)

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Lines and paragraphs break automatically.
  • Web page addresses and e-mail addresses turn into links automatically.

More information about formatting options

Captcha
This question is used to make sure you are a human visitor and to prevent spam submissions.
Copy the characters (respecting upper/lower case) from the image.
Blog-O-Rama

Patriotic ... in the sense of citizen protest
(Jack Lail)

I just don't have any words for this....
(Left Wing Cracker)

Happy 4th & About Nashville's Fireworks Celebration
(TN Guerilla Women)

R.I.P. Steve McNair
(Silence Isn't Golden)

Bela Fleck's Star Spangled Banner
(Cup of Joe Powell)

Kingston's Going to Smoke the Ash Spill Today
(Enclave)

What I Learned In The News This Week
(Newscoma)

There Can Only Be One
(Newscoma)

Sarah Palin - Train Wrecks Get Top Ratings
(Cup of Joe Powell)

Play Her Off, Keyboard Cat
(Southern Beale)

Feel Good Independence Day
(Silence Isn't Golden)

The Sicko Attacks on Sarah Palin's Baby
(TN Guerilla Women)

KNS: Ash to be Dumped in Loudon?
(RoaneViews)

Jump!
(Domestic Psychology)

Now she 's done it, now I have to go nuclear!
(Left Wing Cracker)


Media Blogs

Titans Legend Steve McNair Found Shot and Killed in Downtown Apartment Complex
(Pith in the Wind)

AG: Political Firings Could Have Fiscal Impact on Counties
(Tom Humphrey)

Happy Fourth of July
(Michael Silence)

Happy
(Michael Silence)

This is a joke, right? Top 25 sports outings in TN
(Michael Silence)

Just curious
(Michael Silence)

Memo to the Republican Governors Association
(Michael Silence)

Son of Big Box
(Josh Flory)

TVA Tries Sending Inspection Reports Directly to Landfills
(Snark Bites)

The Wa$hington Po$t
(Michael Silence)

Chapter 11 for condo developer
(Josh Flory)

Gone Fishin': Pith is Off Today
(Pith in the Wind)

Thoughts On Kyle's Kinda, Sorta Kickoff for Governor
(Tom Humphrey)

Bredesen Lectures Legislators on License Plates -- Again
(Tom Humphrey)

Robin Has a Website
(Tom Humphrey)


Post Politics

Proving Her Critics Right
(AC Kleinheider)

Makes As Much Sense As Anything I’ve Heard Yet
(AC Kleinheider)

Resigned On The 3rd Of July: Sarah Palin Steps Down As Governor
(AC Kleinheider)

Like He Never Existed
(AC Kleinheider)

You’re Light, Son
(AC Kleinheider)

Can Jim Kyle Win The Democratic Nomination For Governor?
(AC Kleinheider)

Shout Out To Tuke
(AC Kleinheider)

Alexander Wishes You A Happy Independence Day
(AC Kleinheider)

Cammack, North Of Two Hundie
(AC Kleinheider)

Ford Dynasty Member Says He’ll Make A Run At Memphis Mayor
(AC Kleinheider)


Local News

McIntyre praised after first year as superintendent
(Knoxville News Sentinel)

Quadriplegic focuses on new goals, creates happy life with help of loved ones
(Knoxville News Sentinel)

Uncovering hunting history Alexander works to preserve piece of sport's past
(Knoxville News Sentinel)

A statuesque history lesson as Statue of Liberty appears in class
(Knoxville News Sentinel)

Thousands gather at World's Fair Park for the 4th
(Knoxville News Sentinel)

Ground zero for whiskey: Law allows production of distilled spirits in state
(Knoxville News Sentinel Business)

Cocke mayor unsure why county excluded
(Knoxville News Sentinel Business)

Take part in judicial selection
(Knoxville News Sentinel Business)

Business bulletins: July 5
(Knoxville News Sentinel Business)

Downtown condo developer files bankruptcy
(Knoxville News Sentinel Business)

Governor Bredesen Issues Writ of Election
(State of Tennessee)

Bredesen Breaks Ground on Recovery Act Project in Nashville
(State of Tennessee)

Extended Unemployment Benefits Available for Eligible Tennesseans
(State of Tennessee)

THP Gears Up For July 4th Weekend Crackdown on Drunk Drivers
(State of Tennessee)

Tennessee Announces 2009-10 School Meal Guidelines
(State of Tennessee)

Woman drowns on 4th of July
(WATE local)

Some East Tennesseans celebrate independence with tea parties
(WATE local)

Blount County K-9 officer loses battle with cancer
(WATE local)

Deadly Knoxville shooting and police pursuit ends in crash
(WATE local)

Stripper upset kidnapping, rape charges were dropped
(WATE local)

Update: Former Titans quarterback Steve McNair found dead
(WBIR Local)

East Tennesseans celebrate 233 years of independence
(WBIR Local)

Former UT football player killed in tree cutting accident
(WBIR Local)

Hundreds gather for Athens TEA Party
(WBIR Local)

Festival on the Fourth gears up at World's Fair Park
(WBIR Local)

Beefing up patrols on Tennessee highways
(WVLT Local)

Honduras rejects OAS appeal to restore president
(WVLT Local)

UPDATE: Police investigate deadly shooting, high speed chase and crash
(WVLT Local)

SKorea says NKorea fires 2 missiles off east coast
(WVLT Local)

Woman drowns in Douglas Lake, alcohol believed to be a factor
(WVLT Local)


Wire Reports

In NYC, biggest fireworks show in U.S. lights up sky (AP)
(AP National News)

Palin links resignation to 'higher calling' (AP)
(AP National News)

Obama, McCain rally support with patriotic spirit (AP)
(AP Politics)

Obama says Iraq will see difficult days ahead (AP)
(AP Politics)

Palin attorney warns press on 'defamatory material' (Politico)
(AP Politics)

Megachurch pastor Rick Warren addresses US Muslims (AP)
(AP National News)

1 dead, several hurt in Fla. lightning strike (AP)
(AP National News)

Obama's backyard bash (Politico)
(AP Politics)

Obama says U.S. a strong partner of Iraq despite pullout (Reuters)
(AP Politics)

Palin links resignation to 'higher calling' (AP)
(AP Politics)

Ghana, but not forgotten (Politico)
(AP Politics)

Former NFL quarterback McNair killed in Tennessee (AP)
(AP National News)

Fireworks explosion on NC island kills 2, hurts 3 (AP)
(AP National News)

Obama says supports Kremlin chief on more freedoms (Reuters)
(AP Politics)

Soldier who fought in pink boxers home for the 4th (AP)
(AP National News)

Palin keeps low-profile after plan to resign (AP)
(AP National News)

INSIDE WASHINGTON: Archives' record-keeping lapse (AP)
(AP Politics)

Obama, McCain give dueling holiday addresses (AP)
(AP Politics)

Palin fires back at press on Facebook (Politico)
(AP Politics)

Chestnut wins NY hot dog eating match, 3d in row (AP)
(AP National News)