Ok, here's a summary of what I have learned so far about the proposed Midway Business Park. For background, I have read the 2002 and 2005 BP siting studies, Chancellor Fansler's opinion from the 2008 lawsuit, the Ochs Report, the Younger Associates Economic Analysis, the draft plan, staff report and associated documents. I have spent quite a bit of time asking questions of MPC, TDC, and KUB, and I attended 3 of the 4 community meetings about the sector plan held since I was appointed to MPC. I'm starting to get email on this topic, and promise to read them all.

So this won't be exhaustive, but should hit some of the high pts.



continued...

Sewage Treatment.

First of all, a new plant on the French Broad is not in the picture. All parties have agreed that an onsite system is the way to go. A plant on the French Broad would have been a deal-breaker for me, both for environmental reasons and because it would have opened up an area to development that we are trying to protect (the French Broad corridor).

Mike Hines, TDC's wastewater consultant, said that the proposed system will only serve tenants of the BP. If the current commercial zoning on the east side of the Midway/I40 interchange develops, developers will have to provide their own sewage treatment.

The system will only handle domestic strength wastes. This will obviously limit the tenants that TDC can recruit. Todd Napier of TDC said he did not expect this to be a problem in recruiting tenants.

There was discussion of the controls/safeguards being put on the system to guard against accidental dischages of unsuitable material into the system.

The permit required is called a state water quality operating permit. Such a permit is for "anyone generating wastewater who does not have a direct discharge, but rather is land applying by spray, or drip irrigation, or collecting and temporarily holding it." (link...). Mr. Hines expects no difficulty with obtaining a permit.

This kind of system is sometimes used for things such as strip malls. Mr. Hines says he has three permitted in east Tennessee.

Mr. Hines readily admitted that the site has sinkholes and karst, but said he did not think that would be an issue. The system will obviously be built to avoid such areas. Geotech reports show a substantial amount of dirt over most of the site, which is good. A more extensive soil analysis will be done later, and will be signed off on by TDEC.

Economic Analysis

TDC's estimates of economic impact were developed by Younger and Associates. The report estimates that 2200 direct and another 2400 indirect jobs will be created, worth $208M annually in wages. Local governments would see more than $9M annually in new tax revenues. (I would provide a link to this study but it isn't online.)

Dr. Tharp from the Ochs Center presented the economic analysis of pursuing eco-tourism related activities for the area. You can read the study on the MPC website at (link...). He opined that the Younger Associates Study was flawed because it assumed all impacts in Knox County, used employment/acre at Westbridge to estimate employment at Midway, and ignored the possibility of jobs merely relocating rather than being created. (These, BTW, are some of the same concerns I've had about the study.)

He also mentioned that in his opinion there was a large enough inventory of land in current business parks to serve Knox County's needs. In Dr. Tharp's opinion, the proposed Midway BP is "speculative and not needed." TDC, of course, disagrees.

MPC staff and TDC stated that pursuing the strategy in the Ochs study can happen concurrently with the BP. In fact, staff acknowledges in the staff report that the Ochs scenario "merits further consideration within the identified French Broad Conservation Corridor."

Community reps expressed strong opinions that new business parks were not the best place to put our economic development $$$.

Dr. Tharp was asked if the Volkswagan Plant wasn't the best thing to happen to Chattanooga is the last decade. He replied, no - it was the revitalization of downtown, which made Volkswagon want to locate there. It was also pointed out that Volkswagon was on a 1000 acre site, and we didn't have any potential for a site that large in Knox County, and that it was built on a brownfield, not a greenfield. So any comparison of the proposed Midway Park to something like Volkswagon is comparing apples to grapefruits.

Fansler Opinion

Aside from some procedural objections to how things were handled, Fansler's ruling pretty much comes down to the fact that "MPC considered no evidence regarding substantially changed or changing conditions in the area and zones affected or in the county generally." In other words, MPC changed the sector plan without showing sufficient justification. The changes now being recommended have a long list of changed conditions that in staff opinion, justifies the changes. You can see the staff report online at (link...).

Potential BP sites

I have read both the 2002 and 2005 studies examining possible locations for new business parks. I have to say that the reports gave me a new appreciation of the difficulty of putting together enough land with suitable characteristics (level, close to tranportation corridors, with utility service, etc.) because we have eaten up so much land with low density residential sprawl. I asked TDC about how they picked Midway from the 15 sites examined in the 2005 report. The answer mostly seemed to come down to willing sellers plus size (many of the other sites were substantially smaller).

I asked staff if they would make this same recommendation if TDC did not own the property. The short answer was "yes." They pointed out that they originally recommended a BP for this location in the last sector plan, but the Planning Commission took that out to due to community opposition.

Rural Character

The proposed site is in the planned growth area, which was intended for more intensive development than the rural area. However, it should be noted that the site is at the edge of the rural area.

Proposed Restrictions

Staff is recommending a class II business park, which would allow local, but not regional distributing. This is because the goal is to maximize the # of employee/acre and, according to staff, "truck terminals and warehousing uses" are the lowest generators. TDC disputes this and wants this restriction taken out of the plan.

Staff is also recommending no highway commericial for the part of the site along I40. In other words, no McDonalds, Wendy's, etc. etc. This is a response - and a correct one, IMO - to resident's concerns about sprawl. Staff states that there is sufficient commercial space at other nearby interchanges and on the already commercially zoned east side of the Midway interchange. The community does NOT want this interchange to look like the Straw Plains Pike or the Highway 66 interchange, staff agrees with them, and so do I. TDC also wants this restriction out of the plan.

Sprawl

A ban on highway commercial cuts down on UGLY sprawl. Not building a major sewage treatment plant will help keep development pressure off the area.

The fact remains, however, that the plan proposes building a major employment center on the edge of the county far from a major population center. And that means lots of commuting, which is at odds with MPC's own Sustainable Development initiative, one of whose objectives was to reduce commuting distances.

Community Sentiment

As far as I can tell, general community sentiment is firmly against a BP at Midway.

Zoning and review

The recommendation is that the zoning be EC (Employment Center) with BP uses. EC is a planned district requiring a listing of approved uses and development plan approval by MPC. TDC agreed to include their design guidelines as part of the plan and part of the deed restrictions. You can read their proposed design guidelines here: (link...)

That's not nearly all, but I've run out of steam. Guess you can tell I've got some serious thinking to do before Thursday.

reform4's picture

Thanks for the long writeup.

Clearly, TDC has been clearing the brush in preparation for another big push and has been doing their homework.

I don't understand the concept of 'safeguards' and 'controls' to prevent the catastrophic shutdown of the wastewater treatment system. Unless you utterly bar certain industries from the park (e.g., make it only an office/tech park), you would either need a sophisticated and expensive monitoring system, or the (cough, cough) honor system?

How much soil is 'enough' to filter the wastewater before it hits the karst and potentially goes straight into the wells? I only know about one other state, and they require 48".

The question continues to beg itself- what tenants? Will this be another expensive boondoggle? The transportation/sprawl issue would seem to mesh with this as well- why would a company want to locate in such a remote area if their employees still had a 30-minute commute to work in heavy traffic? TDC's fight to keep the area open to any kind of development implies that the tenant strategy isn't really targeted, but they need to unload the land on the County.

Tourism destination / hotels seem like a more viable approach- what is the feeling of the residents about that kind of development?

Anonymously Nine's picture

good point

"The question continues to beg itself- what tenants? Will this be another expensive boondoggle? The transportation/sprawl issue would seem to mesh with this as well- why would a company want to locate in such a remote area if their employees still had a 30-minute commute to work in heavy traffic?"

From the letter TDC sent to the Knoxville Chamber there is a clear problem. To date the TDC has over 2,000 acres in dozens of office and industrial parks. In the letter to the Knoxville Chamber below TDC claims to have "created" 5,100 direct and 5,000 indirect jobs with $528,000,000 in wages annually in Knox County. So that would be 2.55 jobs per acre and $264,000 in direct wages annually per acre.

What does TDC claim for the Midway Industrial>Business>Fail Park? Get your hip waders.

The proposed Midway Business Park will create more than 2,200 direct and 2,300 indirect jobs, $208,000,000 in annual wages. That is 5.79 jobs per acre and $547,368 in direct wages annually per acre.

So, is TDC lying? Or do they thing we are stupid? Or is the answer both?

Letter to the Knoxville Chamber

Facts About the Proposed Midway Business Park February 2010 The Development Corporation of Knox County Page 1
The decision by The Development Corporation of Knox County (TDC) to pursue the development of a business park along Interstate 40 at the Midway Road interchange was not a decision made lightly or without considerable planning.
Knox County, Tennessee is an urban county.
TDC business parks created 5,100 direct and 5,000 indirect jobs with $528,000,000 in wages annually in Knox County.
TDC has approximately 380 acres remaining in Knox County, of which 195 acres are located in Eastbridge Business Park, which is 12 miles from the interstate.
Since 2000, 713 industrial acres have been down-zoned to a non-industrial classification.
The proposed business park property is 14 miles east of Downtown Knoxville, similar to the distance from Lovell Road to Downtown.
On average, 95,000 cars a day travel directly past the property on Interstate 40.
Being near the interstate means little travel through residential or rural areas to get to the business park.
TVA’s and KUB’s co-located projects are independent of the proposed business park and will happen regardless of any other development.
Two separate, countywide Metropolitan Planning Commission studies both identified the Midway Road property as suitable for a business park.
TDC bought the subject property from willing sellers.
In July 2006, MPC voted 12 to 1 to recommend approval of a sector plan amendment and rezoning to allow the proposed business park.
In August 2006, Knox County Commission voted 16 to 3 to approve the sector plan amendment and rezoning to allow the proposed business park.
The Chancellor’s decision on the appeal of these local decisions described procedural errors and a lack of supporting documentation.
TDC chose to participate in the sector plan update instead of appealing the Chancellor’s decision.
TDC and KUB are moving forward with a design of an onsite wastewater treatment system that will not require the construction of a new wastewater treatment plant on the French Board or any other river.
The proposed Business Park will create more than 2,200 direct and 2,300 indirect jobs, $208,000,000 in annual wages, and $9,000,000 in annual taxes.
TDC intends to develop the Midway Business Park as one of the premier, environmentally sustainable business parks in the United States.
The proposed business park and other TDC business parks are, and will continue to be, important components of Knox County’s overall economic success in support of a high quality of life for all Knox County citizens.
Nothing in TDC’s proposed development plans for the 380-acre Business Park precludes or prevents preservation of the 5,000-acre French Broad corridor. This area, located south of I-40 and 2 miles away from the proposed business park, can still be preserved and promoted as proposed in the Ochs Report and the East County Sector Plan Update.

bizgrrl's picture

Great stuff, Rachel. Thanks.

Great stuff, Rachel. Thanks.

sugarfatpie's picture

Yes indeed, thank you Rachel

Thanks for letting us all know about this meeting and what transpired.

R. Neal's picture

Did I miss when this changed

Did I miss when this changed from Midway Industrial Park to Midway Business Park?

alan swartz's picture

Change

...
Midway Industrial Park > Midway Business Park > Midway Dog Park

Less expensive per dog than permanente supportive housing per person.

Anonymously Nine's picture

.

Midway Industrial Park > Midway Business Park > Knox County Park

That is exactly what will happen. You may not know this, but there is a precedent. One of the Knox County Parks was supposed to be a business park but it failed and was turned into a park.

This will be the most expensive park yet.

alan swartz's picture

failed attempt

Tommy Schumpert Park on Rifle Range Road is a failed attempt at a business park. The same people are pushing this project at Midway.

tbob's picture

ha!

A spoonful of sugar helps the medicine go down!

sugarfatpie's picture

This kind of system is

This kind of system is sometimes used for things such as strip malls. Mr. Hines says he has three permitted in east Tennessee.

The implication here seems to be that he got three permitted for strip malls.
Is that the case? My impression from speaking with Mr. Hines a few years ago was that he was involved primarily in residential projects.

Regardless, there is a big difference between a business park and a strip mall. Did you ask him if there was any "light manufacturing" at these strip malls? Any "truck washing"?

Rachel's picture

The implication here seems to

The implication here seems to be that he got three permitted for strip malls.
Is that the case?

That was my understanding.

sugarfatpie's picture

Mr. Hines expects no

Mr. Hines expects no difficulty with obtaining a permit.

If TDEC gives a permit for this large of a system in this kind of Karst environment without mandating designs that PREVENT discharge of either pathogens or toxins into the water table (i.e. a zero discharge system) then they will be violating the Clean Water Act and vulnerable to citizen lawsuits.

A citizen suit could tie this whole project up for a long time.

To avoid all this mess, why don't we consider alternatives that the community can agree to?

sugarfatpie's picture

The system will only handle

The system will only handle domestic strength wastes. This will obviously limit the tenants that TDC can recruit. Todd Napier of TDC said he did not expect this to be a problem in recruiting tenants.

Has TDC provided a list of any similarly on-site sewered Business Parks and their ability to meet projections of jobs/acre? How have they done at attract new tenants and retaining existing ones?

If they haven't, they need to. Otherwise we are betting millions of hard earned taxpayer dollars on one man's "I do not expect."

Sandra Clark's picture

smokescreen

Rachel: I, too, appreciate your concern and your obvious effort to sort this out. Call me a cynic, but I believe this is driven by homebuilders, Realtors, etc. who want the beautiful countryside of East Knox County open for residential and strip mall construction. More of the same, but it requires sewers. Give them the zoning and if TDC accidentially happens to recruit a business prospect that needs a sewer plant, well, watch the tumblers fall into place to site it on the French Broad.

Otherwise, you'd just put a business park in the Hardin Valley/Karns area where there is synergy with Oak Ridge, Blount County, etc. and infrastructure in place. -- s.

Rachel's picture

Thanks, Sandra. I'm really

Thanks, Sandra. I'm really trying to understand all angles of this thing before voting.

And I totally agree that developers are salivating about the prospect of sewers in this area.

Anonymously Nine's picture

.

"More of the same, but it requires sewers. Give them the zoning and if TDC accidentially happens to recruit a business prospect that needs a sewer plant, well, watch the tumblers fall into place to site it on the French Broad."

As Yogi used to say, "It's Deja vue all over again".

Three and a half years later we are back where this started. This is a Trojan Horse that could bankrupt Knox County. There is NO ROI for sewer in this area. The pipes would have to be lined and the sewer pipes and plants would not cost the fifty million dollars of three and a half year ago. The new cost would be over 80 million dollars. That does not include road improvements. No amount of commercial and residential development will pay for the infrastructure. This was covered three and a half years ago in the County Commission meeting where this was approved 16-3.

Simple question, are you willing to have your property taxes sky rocket for this con game? I support a new Town of Thorngrove to protect every taxpayer in Knox County. Either that or fire everyone on MPC and retire TDC. This is nothing short of government malpractice.

This is a rigged game and this sector plan will pass tomorrow in MPC. It will be after hours of political theater. MPC will listen intently and wring their hands. They will look to the sky for guidance and maybe utter a small prayer. Then with great reluctance and humility, MPC will approve this.

Cut to the chase. Sue them and create the Town of Thorngrove to protect not only this area but the taxpayers of all of Knox County.

Rachel's picture

One thing I left out of my

One thing I left out of my summary.

I've been confused about sugarfatpies' references to injection wells, but didn't want to post about it until I understood better.

If I understand correctly, injection wells (class IV, class V, or otherwise) are not germane to the discussion.

Injection well permits are necessary, for example, when one is injecting water into a sinkhole. We've had two cases I can think of since I came on MPC where developers were using sinkholes to dispose of stormwater, and thus required an injection well permit.

(Injection well permits may also be required if one is injecting a point source directly into the groundwater, but not through sinkholes. Not sure.)

In any case, what TDC is planning for Midway is NOT to inject the end product of sewage treatment into sinkholes. Rather, the plan to stay AWAY from the sinkholes. The treated end product will NOT be a point source; it will be dispersed into the dirt of the property either by drip or spray (probably drip). As I said it my KV post, this requires a State Water Quality Operating Permit, not an injection well permit.

Anonymously Nine's picture

.

"In any case, what TDC is planning for Midway is NOT to inject the end product of sewage treatment into sinkholes."

Good grief. That isn't what Alex wrote. How clear does it have to be?

(link...)

(link...)

Ask the spouse.

sugarfatpie's picture

If I understand correctly,

If I understand correctly, injection wells (class IV, class V, or otherwise) are not germane to the discussion.

If you look at some of the links I've provided, or talk to the TDEC or EPA people who will permit this, Large scale septic systems of the kind proposed are regulated as Class V wells.

Or you could try the google.
(link...)

Rachel's picture

Large scale septic systems of

Large scale septic systems of the kind proposed are regulated as Class V wells.

Not according to what we were told yesterday. We were told they are regulated under the State Water Quality Operating Permit, not an injection well permit.

Perhaps the SWQOP takes into account the EPA requirements you refer to. Need to take a look at that TDEC website more closely.

TDEC specifically says that "Anyone who discharges industrial/commercial wastes into a subsurface system other than city sewers or who discharges stormwater to an improved sinkhole is required to submit an underground injection control (UIC) application to the Tennessee Division of Water Supply (DWS), Ground Water Management Section."

That's not the case here.

Rather, the State Water Quality Operating Permit is for "Persons engaged in the operation of a sewage treatment system, i.e., package plant; industrial waste or other waste treatment systems that do not have a direct discharge to any surface or subsurface waters must obtain a State Operation Permit (SOP) from the Tennessee Division of Water Pollution Control (WPC). The permit is for anyone generating wastewater who does not have a direct discharge, but rather is land applying by spray, or drip irrigation, or collecting and temporarily holding it. "

That IS the case here.

sugarfatpie's picture

From the link I provided

From the link I provided above:

"WHEN IS A SEPTIC SYSTEM REGULATED AS A CLASS V WELL?
EPA is directed by the Safe Drinking Water Act (SDWA) to establish minimum federal requirements for state* and tribal Underground Injection Control (UIC) Programs to protect underground sources of drinking water from contamination caused by underground injection activities. Protection includes the oversight of construction, operation, and closure of injection wells. A septic system** is required to meet UIC Program requirements and is considered a Class V well if either one of the following conditions is met:
• The septic system, regardless of size, receives any amount of industrial or commercial wastewater (also known as industrial waste disposal wells or motor vehicle waste disposal wells); or
The septic system receives solely sanitary waste from multiple family residences or a non-residential establishment and has the capacity to serve 20 or more persons per day (also known as large-capacity septic systems)."

Rachel's picture

Perhaps the SWQOP takes into

Perhaps the SWQOP takes into account the EPA requirements you refer to.

The spouse took a look at this and said this is probably the case - that in Tenn. the minimum EPA requirements for Class V wells are addressed/handled by the SWQOP permitting process.

If that's the case, we're both right.

reform4's picture

So what does this mean?

The minimum federal requirements for Class V wells are:
1. Obey the non-endangerment performance standard prohibiting injection that allows the movement of fluids containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause a violation of any primary drinking water regulation or adversely affect public health; and (2) provide contact information blah, blah, blah

Which circles back to the issues of 'controls' likely based on "we promise." TDEC requirements are likely to be very lax and pro-development.

It will be up to us, as citizens, to argue strongly that we as a community have to protect ourselves from the inevitable future lawsuits that WILL be caused by a future industrial tenant. Make not of the phrase "any contaminant."

I say again, "any." As soon as that is broken, we will be sued by every wellholder in the area.

An ounce of prevention > a pound of cure.

Anonymously Nine's picture

.

Are there wells below the septic system? I believe the topographic maps shows there are. Common sense would prevail that any failure of the septic system, which has been covered in detail by Alex, would result in contamination of well water.

Is MPC going to parse that?

ma am's picture

Some geology exerpts from my letter to commission

I am against this plan. Here's why. Apologies for length.

I am a geologist by training, having 3 degrees (BS, MS, and PhD) in geology with specialization in subsurface hydrogeology (ie, water flow and contaminant migration). The underlying limestone rocks contain numerous natural fractures and bedding planes, some of which are enlarged due to the influence of infiltrating rainwater. This is referred to as “karst” topography. Typically, the proportion of enlarged cavitites is very small and on the order of a few percent of the subsurface media. Because water flow is slow through most of the media, and because of the relatively large size of solution channels, however, these channels conduct water flow (and contaminant movement) very quickly, and contaminant migration from surface to groundwater can be nearly instantaneous in the large channels in karst aquifers. This leads rapidly to contamination of groundwater aquifers once a release has occurred.

Thus, I am extremely concerned with the idea that a septic sewage system will be used for waste water and solid waste disposal at the site. Having a relatively “thick” soil profile, as mentioned in various MPC documents, is quite meaningless, because water, contaminants, pharmaceuticals, medical radionuclides, and pathogens (e.g., E. coli) will move very quickly through any soil profile present. A mere 48” of soil, for example, has a very short residence time for contamination given the scale of the proposed system (serving around 2000 people). And unfortunately there is very little doubt that there are solution cavities in the aquifer beneath the soil profile at the site. Consequently there is little doubt that nearby wells, and even not-so-nearby wells, could be contaminated, particularly during large storms where large volumes of water are flushed into the subsurface. There are literally hundreds of scientific papers published over the last 40 years supporting these basic and well-known facts. I know because I have read a good many of them. I will be glad to discuss this further with you at your convenience (and mine), so please don’t hesitate to ask if I can be of any assistance to you.

If the MPC were interested in refuting these significant environmental claims, they could provide a geophysical survey of the area which would elucidate the thickness of the soil profile and the presence (or absence) of any subsurface cavities in the underlying rocks. The fact that MPC has not allayed these concerns suggests that either they do not want to know what really underlies the site, or they are ignorant of the actual consequences of contamination from large-scale septic systems in karst topography. It is notable that there are no such septic systems in the entire state of TN, despite the fact that a good deal of the area around Nashville, for instance, is also cited in karst topography.

Companies considering (re)locating to this site will not hesitate to consider these facts. No business wants to locate somewhere that is unsustainable, particularly in the current economic climate.

This effort is costing a lot of money and will cost a lot more in the future. This is especially true if Knox Co is suddenly “on the hook” for damages due to groundwater contamination. What if we have to build water supply lines, as was done for the contamination of groundwater in the *Burnett Creek area in South Knoxville? Have we already forgotten the missteps there?

*A quick refresher on Burnett Creek contamination, as it is particularly relevant here. Redevelopment of the Coster Shop site liberated large quantities of creosote, lead, and asbestos contaminated materials. A coalition between the City of Knoxville, KCDC, Barge, Waggoner, Sumner & Cannon, Inc. (BWS&C), S&ME, and Burnett Demolition and Salvage was formed, and the result was unregulated disposal of tons of contaminated materials to several residential sites. One of these was a sinkhole in south Knoxville on private property in karst topography. A number of area wells became contaminated shortly thereafter, and a huge investigation and a number of lawsuits ensued. A dye trace in the sinkhole was used to verify if the sinkhole was the source of contamination. Burnett Creek, which is located approximately strike-parallel approximately 1 mile away, was red with dye within 72 hours from the start of dye trace. This indicates how quickly karst systems can convey contamination. Burnett Creek was located very near the Lafollette farm, which had contaminated well water but did not have detectable dye in their well. Dyes were not detected above detection limit in any water supply wells. Contamination of residential wells typically occurs sporadically during storm events and it is difficult to reproduce exact conditions leading to well contamination. Notably, the original contamination events occurred during the wet season, while the dye trace was in the dry season. Wet season tends to spread contamination rapidly, and different pathways in the subsurface exist during dry season.

One can argue about the extent of culpability of the 5 parties in the Coster Shop coalition, and the lawsuits have long been settled. But the costs and time involved were significant: $250K for TDEC sampling and tests, $1 million for water line + 1 year to install it, $12 mil lawsuit by landowners Reagan, Black, Wheat, $256 mil class-action lawsuit by 72 citizens affected in Burnett Creek area, and $800K in cleanup costs. These figures are not fully up to date since various lawsuits have been resolved and I do not know the end cost. Regardless, if the Thorn Grove community’s wells become contaminated, Knox Co taxpayers will be on the hook to fight the lawsuits and to pay the settlements.

Anonymously Nine's picture

.

Three and a half years ago in County Commission this same scientific argument was made in a 25 minute Power Point presentation that County Commission slept through before their 16-3 vote for approval.

Have we learned absolutely nothing from the Coster Shop tragedy and the NRR debacle?

This is literally a conspiracy. As each well is contaminated KUB water will be brought to that farm to prevent the inevitable lawsuit. At some point the septic system will fail to such an extent that Knox County will have to vote in the sewer plant. And then the slow economic death begins. If you think there is room to bond out a one hundred million dollar mistake you are mistaken.

Read this and you will understand.

There is no money left to bond this out. This is your money. And it will be wasted.

Rachel's picture

If you want your concerns

If you want your concerns considered, please email them to MPC Commissioners. You will need to sign your real name.

Never mind, I see that I have this. But I only see my name on the "to" list; did you send it to all Commissioners?

ma am's picture

Yes, I submitted it

Yes, I submitted it individually to everyone, to avoid the spam filters that take action for too many recipients on an email.

sugarfatpie's picture

Great letter!

Thanks for posting it here!

ma am's picture

Meeting tomorrow?

If anyone can fill me in on how the meeting works tomorrow I would appreciate it. I am busy and don't have time to go but am considering going anyway.

Would they give me time to speak?

Would it do any good?

Thanks.

Anonymously Nine's picture

.

"Would they give me time to speak?

Would it do any good?"

With your credentials it would help a great deal. You will be able to speak. You could introduce yourself to David Buuck, the Attorney for the people. At some point an expert witness will be needed in court.

Rachel's picture

MPC rules allow for 5 minutes

MPC rules allow for 5 minutes per side on any given issue. However, I expect that the chair will be lenient with that rule tomorrow because this is such a hot button issue.

See tips for attending an MPC meeting.

As to "would it do any good" - I can assure you that Commissioners will listen to what you have to say, and consider it carefully. I can't assure you they will vote the way you want.

ma am's picture

I received a response

I received a response from Mr. Bart Carey, below in quotes. I have looked at Mr Hines website as referenced below and do not find any useful information there. It is essentially a resume website.

The discussion above however suggest that these systems have been used for 3 strip malls by Mr Hines. I am not sure that the scale truly compares to the current one. I would need a lot more details to have confidence in this. And there are other reasons not to vote for this sector plan change.

"Mike Hines is and environmental
engineer that has designed dozens of waste water systems and is fully qualified to advise us on this issue. The system that has been proposed and would be managed by KUB is not a septic system that drips septic effluent into the ground but instead is designed to first treat the effluent with conventional treatment methods and then redistribute the purified effluent back into the soil only in areas where the soil profile meets the state standards. I have probably butchered this description but Mike Hines could talk to you on your level and fully explain the system.
The bottom line is that no water going into the ground would have contaminants.
Thanks for your concern and involvement in this important Knox County issue.
You can learn more at:

(link...)
"

Anonymously Nine's picture

unbelievable

"I have probably butchered this description but Mike Hines could talk to you on your level and fully explain the system."

Great. Now MPC is now parsing what a septic system is. Now it is a "pretreated sewage septic soil disposal delivery system".

Good effort MPC. The taxpayers will still get sued blind because if/when the yada yada "pretreatment" fails local wells will be contaminated.

They really think we are this stupid to buy the simple parsing of words.

"The bottom line is that no water going into the ground would have contaminants.
Thanks for your concern and involvement in this important Knox County issue."

Translation, MPC can't really be sued and we have no skin in the game. The taxpayers pay for the lawsuits because we are Teflon baby. Welcome to your overmasters. You can't touch us.

You Thorngrove folks walk in there tomorrow and tell them you are incorporating the Town of Thorngrove because you won't let MPC lie anymore.

Rachel's picture

Bart's summary of what Mr.

Bart's summary of what Mr. Hines told us at the agenda review meeting pretty much matches up with my memory and notes. One other thing I would mention is that the system will only deal with domestic strength wastewater, which would limit the types of tenants who could locate in the BP.

I also commend Bart for engaging with you on this. And I apologize for not responding directly myself, but hope you'll accept my posts here instead.

BTW, nobody should assume from my KV posts that I am voting either pro or con. I've just been looking to get as much factual info as possible, on the proposed septic system as well as many other issues.

P.S. Mr. Hines will not be at the meeting tomorrow because he had to go out of town, but two KUB folks will be there to answer questions if they arise.

EricLykins's picture

This may interest you, Rachel

Munigov for municiple level employees.

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Thanks for all of the info and discussion.

Rick H.'s picture

P.S. Mr. Hines will not be at

P.S. Mr. Hines will not be at the meeting tomorrow because he had to go out of town, but two KUB folks will be there to answer questions if they arise.

Why would you take a vote when Hines cannot be there? That gives the appearance the decisions is already made.

Rachel's picture

Mr. Hines is out of town for

Mr. Hines is out of town for medical reasons. We had a chance to question him pretty extensively at the agenda review meeting Tuesday. Almost all the Commissioners were present.

I think if there are additional questions on this subject, the KUB engineers will be able to answer them.

And yes, Hines was paid by TDC. Ochs was paid by the French Broad Preservation Association. Should we discount that report as well?

sugarfatpie's picture

The Ochs study is already

The Ochs study is already being brushed aside, so fine, lets brush aside TDC's hired gun too.

Why don't we get someone truly unbiased to review this plan and see if there is ANY potential for groundwater pollution? If there is, the plan has to change. Deal?

Anonymously Nine's picture

.

"Why don't we get someone truly unbiased to review this plan and see if there is ANY potential for groundwater pollution? If there is, the plan has to change. Deal?"

You did a great job Alex. But this is why you have to have an Attorney to deal with MPC. Bias is part of the program. Not only has the Ochs study been brushed aside they are now obfuscating that this is a giant septic system.

Attorney David Buuck will be in MPC today. Experts should come and speak. They may be needed later as expert witnesses.

If any of you ever wonder why the Town of Farragut was formed this is the main reason.

Rachel's picture

The Ochs study is already

The Ochs study is already being brushed aside

By whom? It's in the staff report; it's in the plan; we had a presentation on it at agenda review. That's not "brushed aside."

True, staff is recommending that its recommendations be pursued in addition to the BP instead of in place of the BP.

But just because someone reaches a different conclusion from you doesn't mean they didn't listen. (and that's a good thing for everyone on all sides of this issue to remember)

sugarfatpie's picture

Mike Hines is being PAID by TDC

It is also worth pointing out that Mike Hines is being PAID by TDC to give advice.

Do you really think he can give impartial advice on this while being paid by one side of a very controversial issue?

ma am's picture

I agree, Mr Hines should be

I agree, Mr Hines should be there.

A cursory look-see at Mr Hines and his company finds that it appears to be a small local company without a real website. I find no details of any successful (or otherwise) wastewater systems. This makes me very nervous.

Alex -- your point is well-taken. More importantly, Mr Hines' company will likely be on the receiving end of the contract for this system. I suggest that we first and foremost demand his company be bonded and insured at the level of (probably) tens of millions of dollars. This will keep Knox Co from being left holding the bag if the system fails.

Rachel, I agree, and am very pleased with Mr Carey's response. He has a degree in plant/soil sciences and had a good understanding of the issue. NOt that a degree is necessary. Unfortunately he will not attend the meeting tomorrow either.

An overview of these types of systems at EPA.gov shows that exactly like the typical homeowner's system, they require maintenance and monitoring, otherwise they can fail and potentially contaminate groundwater. I still see this as a big risk. We tend to think we can engineer our way out of everything. More often than not, reality does not support this world view.

Rachel's picture

Rachel, I agree, and am very

Rachel, I agree, and am very pleased with Mr Carey's response. He has a degree in plant/soil sciences and had a good understanding of the issue. NOt that a degree is necessary. Unfortunately he will not attend the meeting tomorrow either.

If it makes you feel any better, I have a planning degree with a concentration in environmental planning and a minor in environmental policy. And I'm married to a water quality engineer.

I may not be an expert, but I do have the background to ask (at least some of) the right questions and understand the responses.

Didn't know Bart was going to miss the meeting. Becky Longmire is out of town. So there will be (at most) 13 of us.

Anonymously Nine's picture

.

"Didn't know Bart was going to miss the meeting. Becky Longmire is out of town. So there will be (at most) 13 of us."

If there is a pool on this I take 13-0 for approval.

Anonymously Nine's picture

debacle

This whole thing today boils down to two words, "Trust Us".

In the court case MPC was proven to have violated its own rules. Why trust MPC?

This is fixed. Will the daily paper call today's vote "Black Thursday"? Or will it print a small story hidden in the Business Section about a new sector plan being approved?

Rachel's picture

Just to get something off my chest

I'm rather stressed at the moment (and not primarily from Midway either), and I probably will regret posting this, but here goes.

I have spent goodness knows how many hours studying the Midway issue. I've read every document I can get my hands on, asked a bunch of questions, and read every email I've received, pro or con.

I've tried to share what I learned on KV, and use this forum to learn from folks who are interested in this issue.

In the course of that, I've had to listen to people accuse the body I serve on of all kinds of villianous things - collusion, duplicity, dishonesty, underhandedness, and being disingenuous to name a few (and that doesn't count all the stuff #9 has said; I don't read him anymore so god knows what nonsense he's spouted).

I have to go vote on what to me is a difficult issue, knowing that however I decide, I will p**s some people off.

And for the privilege of all that, I get paid exactly nothing.

I'm not looking for sympathy; I knew what the job was when I took it. But some of you would be well-advised to keep all this in mind when talking with Commissioners. We're human beings, trying to do the best we know how. It's difficult to listen to your message when you're hitting us over the head with a brick.

tbob's picture

Great Point

There are folks on both sides of this issue with wide ranging motivations and opinions. You're right, generalizing helps in no way. That being said, as one of the people that pushed for the Ochs report we have felt that we've not been part of the process from the start and we've had to work extremely hard to be heard. We also get paid nothing. We have to take time off to go to the meetings and as a business owner I lose money when I go. On the other side is the Development Corp that can afford to pay 6 figures to their management and have almost all of them sit in a MPC agenda meeting for 4+ hours and shmooze with our reps after meetings and after hours(not you necessarily). My feelings after going through this multi-year, very expensive process? The business community is heard and supported and the land owners and community are given minimal opportunities to influence their reps. We're up against a money machine and we're just beating our heads against the wall.

We sponsored the Ochs report not to take the place of the DC plan but to show that there are alternatives to the same old development that has given us Cedar Bluff and Kingston Pike and to try to get folks looking at new ways to work together. We'll see later today if we made any difference at all.

R. Neal's picture

Balance the debits and credits

Seems to me this thing comes down to a few simple questions:

What is the evidence that this project promotes jobs and economic development?

What is the evidence that this project has environmental issues that could affect is success or failure, impact the local aquifer and expose stakeholders to liability?

What is the evidence that this project promotes sustainable, managed growth?

What is the evidence that the community wants this project?

What is the evidence that the projected job and economic benefits outweigh the foregoing concerns?

What is the evidence that alternative uses could promote jobs and economic development while addressing the foregoing concerns?

Anonymously Nine's picture

.

It would be great if someone read that post from RNeal verbatim from the podium. That is a good concise analysis.

Rachel talks about MPC listening. Oh they listen, they just don't hear. MPC went rogue in regard to the people. They do what the money boys and the Mayors want. And the Mayors both want this.

Over on the Blab there is a small discussion that what MPC does doesn't matter because only County Commission has the vote. If what MPC does doesn't matter, then disband it. The next Mayor should look at the role of TDC. Do we need a TDC that would install a septic system? Maybe it is time to disband TDC?

Rachel's picture

Rachel talks about MPC

Rachel talks about MPC listening. Oh they listen, they just don't hear. MPC went rogue in regard to the people. They do what the money boys and the Mayors want. And the Mayors both want this.

I took you off ignore just for today to see what crap you were spouting. And this is pretty bad. I can guarantee you that no MPC Commissioner will ever listen to YOU after you run around spouting off insults like this.

Again, just because someone ends up disagreeing with you doesn't mean they don't hear you.

BTW, you were wrong about the vote. Didn't you predict a unanimous decision?

Never mind, don't bother answering. You're going back on ignore.

Anonymously Nine's picture

.

"Again, just because someone ends up disagreeing with you doesn't mean they don't hear you."

then

"Never mind, don't bother answering. You're going back on ignore."

Your point was?

tbob's picture

you've nailed it

The Development Corp is seen as the experts on this. After going through this process and being involved in Economic Development projects before, they are far from it. It's time for Knox to look really hard at the value of TDC.

I only wish all of the MPC board with ask themselves the same questions. If they did, Midway Industrial/Business park would never make it.

It's not even a good business plan...

Anonymously Nine's picture

MPC viability?

It isn't just the TDC that needs a review. MPC is answering objections. They are not doing their job. Do you see objectively? I don't.

They are not hearing the people that live there but are giving a good performance on the pretense of listening.

The attacks from Edwards and Napier do not make sense.

The court case is still in Fansler's court. I do not understand this attitude. It is begging for a court solution.

George Ewart just made the motion.

cway's picture

who is held responsible

Most of the MPC Commissioners seem to have lost sight of why they are sitting in those seats. Not all of them, just some that have become high & mighty in their own minds. Watch the ones that TALK DOWN to the people that they disagree with at the meetings.

It has been pointed out that the MPC has gone rogue on several issues lately. Even against the direction of the Knox County Commission. Remember that commercial landscaping Resolution they ignored? The MPC tried to impose their will and lost that one thanks to our elected Commissioners. Knox County belongs to the people of Knox County. Not to a handpicked few.

The Mayors decide who sits in those seats. Yet nobody knows how or why they are chosen to make such important decisions for us. Or against us.

The Knox County Commission is in place because they were voted into place by the people. They are held accountable for the votes they cast. Let us hope that they see what is really happening at Midway and stop it.

Rachel's picture

It has been pointed out that

It has been pointed out that the MPC has gone rogue on several issues lately.

Yeah, we went rogue today and voted to require use on review for three tracts of land at Washington Pike and McCampbell Road over the strenuous objections of three lawyers representing three banks who have foreclosed on pieces of the property. The neighborhood was supporting what we ended up doing.

Sue us.

You folks who want to paint us as villains need to see that a) for the most part, we're a pretty independent minded bunch (there were 3 yes votes on this issue from folks who are usually more friendly to developers than neighborhoods) AND b) few issues are black and white.

I've got no problem with folks disagreeing with my votes; I do have problems with those who impugn my integrity based on those votes.

cway's picture

I do have problems with those

I do have problems with those who impugn my integrity based on those votes.

Your integrity seems just fine to me Rachel. You did a very good job today.

Rachel's picture

Your integrity seems just

Your integrity seems just fine to me Rachel. You did a very good job today.

Thanks, but would you still have thought so if I ended up voting the other way?

cway's picture

Yes to the integrity

Thanks, but would you still have thought so if I ended up voting the other way?

Yes to the integrity but no to the Midway. Midway is just a bad idea. You knew that with your vote.

cway's picture

Yes to the integrity

Thanks, but would you still have thought so if I ended up voting the other way?

Yes to the integrity but no to the Midway. Midway is just a bad idea. You knew that with your vote.

Rachel's picture

Yes to the integrity but no

Yes to the integrity but no to the Midway.

That's fair.

sugarfatpie's picture

One of many distortions at the meeting was about Karst

Mike Carberry got up and said something to the effect that developing Karst areas is unavoidable because its everywhere.

This was then repeated by one of the commissioners.

If you take the time to look at a map(even the decorative map on the wall of the meeting room) you will see how untrue this is.

Here's one for starters
(link...)

According to this map Midway is in the most Karstic (red) area ever proposed for this type of dense industrial development in Knox county.

There are plenty of other areas that are not in Karst terrain.

Bbeanster's picture

A fight about stuff money cannot buy

There's a lot of revisionist history being propagated about people in the Ritta Community, a good bit of it coming from the business "community." Art Clancey and John King's disparaging remarks about those folks were hard to listen to without throwing something at my TV.
Victor Jernigan, the Murphy Road/Washington Pike/McCampbell Road developer who came in, promised to build the most progressive, pedestrian-friendly (throw in any/all other currently-popular new urbanist buzzwords here) community imaginable, was in reality ridiculously over-leveraged and fast and loose with the truth.
His first step was to sweet talk the late John Paul Babelay, a very fine man who was in his 90s, into turning over his massive real estate holdings to Jernigan. Victor used to like to brag that Johnny Babelay had "entrusted" him with his property.
He also got hold of the old LeCoultre farm next to the McMillan farm, and anyone who reads the paper is familiar with the McMillans' struggles to protect their land and water supply from the upstream damage that resulted.
Jernigan also attempted to buy the 150-year-old Oak Grove AME Church, which has a graveyard attached, so he could control the Mill Road intersection. Church members have told me what he was promising, and thank goodness they didn't buy it, because they would have sold their heritage for a mess of pottage. I drive by there on the way to my Mamma's and it makes me smile to see everybody in their Sunday finery. These are my neighbors, the people I grew up knowing and the thought of them not being there anymore because they were in the way Jernigan's plans makes me cry. And cuss.
This is a fight about stuff money cannot buy, on one side, anyhow.
He cut a deal with the city to be annexed, in return for $850K to reimburse him for road improvements, thus hastening annexation for those who live in close proximity (and, yes, it's inside the urban growth boundary, so annexation would have come eventually -- just not as soon as now with all of the former Jernigan land sitting there). The road improvements never got done, but the annexation stands and Jernigan's creditors are fighting over his carcass.
Jernigan's failures are his own. His neighbors, who were there long before he ever cast his eye on the land, are collateral damage, not the cause of his problems.

Daniel Lee's picture

Interesting that Commissioner

Interesting that Commissioner Nate Kelly voted no. He is a UT Political Science professor appointed recently by Haslam and a smart guy. I have heard that he has a good relationship with Lyons.

Rachel's picture

Commissioner Kelly is a

Commissioner Kelly is a really smart guy who is looking like he has a strong independent streak. Good appointment.

Jamie's picture

I guess Kelly did not get the

I guess Kelly did not get the conspiracy memo from the powers that be.

KnoxCatLady's picture

Congratulations to Rachel

Congratulations to Rachel. My compliment will likely surprise no one more than Rachel as we haven't always agreed and sometimes disagree strongly, but even when we disagree, I like to think we both care about our community. I appreciate all your hard work on a very difficult issue. I also think Rachel's point about MPC Commissioners being human beings is apt. We expect so much from everyone and all too often it doesn't seem as if we want to credit anyone who disagrees with us for any decent motive or behavior. That is a shame. I feel as if Rachel deserves this compliment and I hope people will keep this in mind.

Rachel's picture

Thanks, catlady. But ya'll

Thanks, catlady.

But ya'll please stop now. At this point you're just making me blush, but at some point you'll give me the big head and that would be bad for all concerned.

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