Wednesday, January 27, 2016

Board Approves Disputed Home for Disabled


By Walter F. Roche Jr.

By a 9-1 vote a Tennessee health board has given its approval for the construction of a new four-bed facility in Greeneville, TN to house current residents of the Greene Valley Development Center, which is under a federal court order to close.
James Christofferson, general counsel for the Tennessee Health Services and Development Agency, said the vote followed a presentation by officials of Sunrise Community of Tennessee, the state Department of Intellectual and Developmental Disabilities and local opponents of the nearly $1 million project.
The facility is one of several proposed to provide a new home for Greene Valley residents. It is the first to draw local opposition.
The board's approval is necessary under Tennessee's certificate of need law, a controversial statute that limits the opening or expansion of major medical facilities.
Opposition to the home to be located at 640 Old Shiloh Road was expressed by several local officials and residents during a Jan. 7 public hearing in Greeneville.
Sunrise is one of three health care entities to propose building new group homes for Greene Valley residents. Overall the proposals would provide a new home for 56 GVDC residents.

PROPOSED HOME LOCATIONS

Open Arms Care Corp.

1817 Bishops Bridge Road Knoxville
12621 South Northshore Drive Knoxville
Chuckey Pike Chuckey
East Church Road Greeneville
 --------------------------------------------------
Sunrise Community of Tennessee

680 Quaker Knob Road Chuckie
640 Old Shiloh Road Greeneville
--------------------------------------------------
D & S Residential

2609 Erwin Highway Afton
2619 Erwin Highway Afton
Old Stage Road Greeneville











Monday, January 25, 2016

TDOT, IDB Seek Dismissal of Pipeline Suit


By Walter F. Roche Jr.

Tennessee's Attorney General is asking a Davidson County Chancery Judge to dismiss the suit brought by six landowners along the Nolichucky River who are seeking to block the use of a 12-mile pipeline by US Nitrogen.
In the motion and a 13-page memorandum, state attorneys charge that the six residents lack standing to challenge the legality of the permit issued by the Tennessee Department of Transportation to the Industrial Development Board of Greeneville and Greene County.
The memorandum also contends that sovereign immunity and separation of powers doctrines bar the court from even intervening in the dispute.
The state filing was joined in by the IDB through its attorney Jerry W. Laughlin.
The filing is the latest development in one of the remaining legal challenges to the pipeline which will be used by US Nitrogen to pump millions of gallons per day to and from the Nolichucky River. The company has constructed  a $200 million ammonium nitrate manufacturing facility in Midway that will use the river's water.
In an amended complaint filed last month, the plaintiffs in the suit charged that TDOT exceeded its legal authority when it issued the permit allowing the pipeline to built along the rights of way of two state highways. The suit charges that such permits can only be legally granted to public utilities serving the general public.
In its motion for dismissal, however, TDOT attorneys said that the suit should be dismissed on technical grounds without addressing the legal authority issue.
"The petitioners lack standing to pursue this challenge to the permit granted to the IDB; and the state has sovereign immunity from this complaint for declaratory relief," the memorandum states.
Contending that to bring the action the plaintiffs have to meet three legal standards, the motion concludes that not one of those standards was met.
Citing the plaintiffs' claims that their rights to the use and enjoyment of the river were in jeopardy, state lawyers argued that granting the permit in itself does not allow for the withdrawal of water from the river.
"It does not allow for the withdrawal or return of a single drop of water from the river," the memo states. "The petitioners are not claiming any damages based upon these transmission waterline, but rather the activities that are going to take place at either end of this project."
The memo states that were the suit to go forward "the state could face a myriad of lawsuits challenging the granting of a use and occupancy permit for any transmission lines."
In addition, the motion states that the alleged trespass complaints by two of the landowners would not be resolved by nullification of the permit, but should be resolved in already pending litigation in Greene County.
Citing separation of powers doctrines, the memo concludes, "The courts should decline for constitutional and practical reasons to shoulder  an agency's responsibilities."
The dismissal motion is scheduled for a Feb. 12 hearing before Judge Claudia C. Bonnyman in Nashville.
Contact: wfrochejr999@gmail.com




Wednesday, January 20, 2016

More Beds Still Needed for Greene Valley Residents


By Walter F. Roche Jr.

A federal judge has formally dismissed all but one of the remaining requirements for the closure of the Greene Valley Development Center, but several additional community facilities will be needed to finally end the decade old  litigation.
The formal dismissal with prejudice was granted in a four-page Jan. 15 order from U.S. District Judge Kevin H. Sharp.
Citing the recommendation of a magistrate judge, Sharp ruled that the injunctive relief granted in prior orders was no longer necessary.
Officials of the state Department of Intellectual and Developmental Disabilities hailed the decision.
"For us, this was not only about ending a costly lawsuit, it was about improving the lives of all Tennesseans with intellectual and developmental disabilities,” Commissioner Debra Payne said in a written statement.
Sharp's order, however, makes clear that he will retain jurisdiction over the remaining issues including the placement of the remaining Greene Valley residents in alternative facilities.
"The Court shall continue to have and exercise jurisdiction of this matter but only for the following purposes: to resolve any claims or disputes involving persons while they reside at GVDC; to oversee the completion of Section X of the Exit Plan; and, to resolve any claims or disputes regarding attorney fees related to this matter," the order states.
DIDD spokeswoman Cara Kumari said that there are currently 68 remaining residents at GVDC. Records show most of them have opted to move to newly constructed community homes.
Currently private care providers have submitted applications to the state health officials to open nine facilities with a total of only 56 beds.
The proposed homes are located in Greene, Hamilton and Knox counties.
Protests against one of the proposed facilities were voiced at a recent public hearing in Greeneville. If approved the home to be operated by Sunrise Community of Tennessee would be located at 640 Old Shiloh Road in Greeneville.
Currently the state is under a June 30 deadline to transfer the remaining GVDC patients, but two six month extensions are possible.
Contact:wfrochejr999@gmail.com




Couple Convicted in Veterans' Fraud by Greeneville Jury


By Walter F. Roche Jr.

A North Carolina couple has been convicted by a Greeneville, Tenn. jury on charges that they defrauded a program designed to assist businesses owned by disabled veterans.
Convicted after a 13-day jury trial were Ricky A. Lanier  and Katrina R. Lanier of LaGrange, N.C.
The jury found them guilty of conspiracy to commit wire fraud and major fraud against the U.S. government.
According to court records, Ricky Lanier, 48, enlisted a friend and disabled veteran to claim he was the owner of Kylee Construction Co. The friend, who was supposed to be managing the firm on a daily basis, was actually working for a government contractor in Afghanistan.
According to prosecutors, the Laniers also used a college roommate's company, JMR Investments, to obtain construction contracts from the National Park Service. The work was performed at the Great Smoky Mountain National Park.
In addition the Laniers, in violation of program regulations, subcontracted with other firms to do the actual work.
The couple agreed to forfeit $170,000 in funds and five houses they own in North Carolina.
Overall the two firms obtained over $14 million in government contracts including projects at Veterans Administration facility in Mountain Home, Tenn.
The Laniers are scheduled for a sentencing hearing on June 20. Ricky Lanier could face up to 60 years in prison and fines of up to ! million. His wife, 43, could face a 50 year sentence and $750,000 in fines.



Saturday, January 16, 2016

New Complaint Filed in TDOT Pipeline Suit



By Walter F. Roche Jr.

A new complaint has been filed in a suit in which residents from three area counties are seeking to nullify the state permit used to build a 12-mile double pipeline from Midway to the Nolichucky River.
The amended complaint filed in Chancery Court in Nashville asks the Chancellor Claudia Bonnyman  to block US Nitrogen from ever utilizing the pipeline by declaring the July 2014 permit invalid.
US Nitrogen is set to begin manufacturing ammonium nitrate in its new $200 million facility in the near future and the pipeline will be used to draw up to two million gallons of water per day from the river.
The amended complaint, the second to be filed in the suit, charges that Tennessee Department of Transportation Commissioner John Schroer exceeded his legal authority when he approved the permit in mid-2014.
Plaintiffs in the suit are residents of Greene, Cocke and Jefferson counties whose properties are located along the Nolichucky.
Plaintiffs are Ann Calfee, Don Bible, Jack Renner, Jeremiah Cluesman, Ruth Dolin and Rueben Stone.
The suit charges that the properties of all six will be adversely affected by the pipeline.
"The loss of 1-2 million gallons of water immediately upstream will dry the riverbed at the Calfee property for the first time in the known history of the area. The loss will be unprecedented," the complaint states.
In Bible's case, the suit recounts his efforts to halt the pipeline construction when he said it began to encroach on his 40 acre property. His protests were ignored.
"On or about March 18, 2015, contractors for US Nitrogen and the Industrial Development Board (of Greeneville and Greene County) and representatives of TDOT came onto the Bible property... and laid the dual pipelines across the Bible property with armed security guards," the suit states.
According to the complaint the state did not have the authority to grant a permit along the highway right of way to a private company because the law limits such permits to utilities.
"Accordingly, the permit is void ab initio," the suit states.
In prior filings US Nitrogen and the IDB have denied they encroached on any of the properties. Lawyers for TDOT also have argued that the state does have the right to grant such permits.
"The installation of the pipelines will result in permanent injury and encroachment upon the Renner and Bible properties and will create over time a permanent nuisance to the other downstream petitioners," the landowners suit concludes.
The petition asks the court to issue an injunction permanently enjoining the use of the permit.
Lawyers for TDOT, US Nitrogen and the IDB are expected to respond with a motion to have the suit dismissed.
Contact: wfrochejr999@gmail.com





IN THE CHANCERY COURT FOR DAVIDSON COUNTY,
NASHVILLE TENNESSEE

ANN CALFEE, DON BIBLE, )
JACK RENNER, JEREMIAH CLUESMAN )
RUTH DOLIN, & RUEBEN STONE ) Case. No. 15-402 I
)
Petitioners, )
V. )
)
TENNESSEE DEPT. OF TRANSPORTATION)
)
Respondent. )

Tuesday, January 12, 2016

Challenge Filed on US Nitrogen Air Permit, Hearing Sought


By Walter F. Roche Jr.

A local resident, warning that increased emissions could jeopardize the health of area residents, has asked state officials to hold a public hearing on a proposed permit amendment submitted by US Nitrogen.
In a letter to an official of the Tennessee Department of Environment and Conservation, Park Overall of Afton, wrote that the proposed increase in nitrous oxide emissions needs to be thoroughly evaluated in three separate categories to ensure federal standards are not exceeded.
Under the proposed amendment, which was submitted to TDEC late last year, nitrous oxide emissions would be allowed to triple.
Overall wrote that TDEC "should not approve and issue the amended permit for US Nitrogen until such time that TDEC conducts a full and comprehensive evaluation of the proposed increase in nitrous oxide and other pollutant emissions.
Under the proposal nitrous oxide emissions would be increased from .01 to .035 pounds per million British Thermal Units along with smaller hikes in greenhouse gases,  carbon monoxide and volatile organic compounds (VOC).
Citing requirements for the use of best available technology to control emissions, Overall noted that the amendment calls for a relaxation of the current limits without any evidence that a revised analysis has been performed.
Such an analysis, she added, must be made available to the public.
The letter states that the amendment would also necessitate a review of short term emissions "to show compliance with national ambient air quality standards."
In addition she stated that the prior analysis for the existing permit did not include a planned nitric acid plant.
"TDEC's responsibility is to protect the health of local citizens living in and around the US Nitrogen facility," Overall concluded, adding that any increase in nitrous oxide emissions by the company potentially "threatens the health and welfare of local citizens living near the plant."
Citing state laws and regulations and the substantial change being requested, Overall called on TDEC to hold a public hearing on the proposed amendment.
Contact:wfrochejr999@gmail.com

Monday, January 11, 2016

US Nitrogen Forms Political Action Committee


By Walter F. Roche Jr.

A new political fundraising committee has been formed by US Nitrogen officials, according to filings with the Tennessee Ethics Commission.
Papers filed last month with the ethics panel state that the US Nitrogen Political Action Committee was formed to support state and local candidates. The filing lists Robert "Robbie" Helton as the chairman and Mark Mueller as the treasurer.
According to an ethics commission official the newly created political fundraising committee won't have to file an initial report until Feb. 1.
Public available records indicate that Helton is a senior manager for business logistics operations for US Nitrogen.
The address listed for the committee is the same as the company at 471 Pottertown Road in Midway.
US Nitrogen officials did not respond to a request for comment on which political candidates the committee is likely to support.
Federal records show that US Nitrogen's parent Austin Powder, based in Ohio, has had a political action committee for several years, but it has not been active recently.
Records at the Federal Election Commission show that on Oct. 19, 2009, the Austin Powder committee donated $3,500 to the Institute of the Makers of Explosives. Austin is listed as a founding member of the Washington, D.C. based group.
In 2012 the Austin committee donated $1,000 to the campaign of U.S. Rep. Bob Gibbs, an Ohio Republican.
Donors to the committee were Austin employees, including then executive vice president Michael Gleason who donated $1,500.
The current filing for the Austin committee lists a balance of $1,094.

Thursday, January 7, 2016

US Nitrogen Buys Additional Property


By Walter F. Roche Jr.

US Nitrogen has purchased an additional 1.67 acre parcel along West Seven Springs Road, according to state and county property records.
The parcel, which surrounds a tract purchased previously by the company, was purchased for $11,250 from several members of the Carter family. The property is zoned as residential, county records indicate.
The adjacent .41 acre parcel was purchased for $90,000 on July 9, 2012. Both front on West Seven Springs Road.
A US Nitrogen spokeswoman did not respond immediately to questions concerning the purchase.
Records show the ammonium nitrate manufacturer currently owns six properties in Greene County. Originally more than a dozen parcels were purchased by the corporation but most were then sold for nominal consideration to the Industrial Development Board of Greeneville and Greene County.
According to land records, the sellers of the newly acquired property are Bill Carter, Hobert Carter, Nora Mae Fullen, Leonard Carter, J.D. Carter, Maggie Carter, Paul Carter, Gary Carter, LeRoy Carter, Leisa Carter Riley, Adam Carter, Laura Carter, Dewayne Carter, Sandi Carter Patterson, Lori Carter, Ashley Carter, Angel Carter and Sandy Carter Delph.
The deed was dated Dec. 1, 2012.
The $200 million US Nitrogen plant is scheduled to go into operation in the near future.
Contact: wfrochejr999@gmail.com


US NITROGEN LLCPOTTERTOWN RD 070  083.01000070    08301 000070 LINDA RENNER PROP1-4 INDUSTRIAL12/11/2014 GIS Map

US NITROGEN LLCGRAVEL WOODS RD 961082  027.00000082    02700 000082 US NITROGEN LLC PROP INDUSTRIAL08/28/2014 GIS Map

US NITROGEN LLCPOTTERTOWN RD 530083  001.02000083    00102 000083   INDUSTRIAL08/28/2014 GIS Map

US NITROGEN LLCFOREST RD 083  081.03000083    08103 000083 LINDA MUNSEY PROP1-14 INDUSTRIAL11/28/2011 GIS Map

US NITROGEN LLCW SEVEN SPRINGS RD 155083  090.00000083    09000 000083 UNRECORDED PLAT RESIDENTIAL12/01/2015 GIS Map

US NITROGEN LLCW SEVEN SPRINGS RD 85083  091.00000083    09100 000083   INDUSTRIAL07/09/2012 GIS Map

Wednesday, January 6, 2016

Hearing Thursday on Facility for Disabled


By Walter F. Roche Jr.

A state agency has scheduled a public hearing for tomorrow on a proposal to build a four-bed facility for current residents of the Greene Valley Development Center.
According to a public notice the hearing by the state Department of Health Facilities and Development, will be held at 6 p.m. at the Greene County Courthouse on the proposal submitted by Sunrise Community of Tennessee.
Sunrise has filed an application for approval of a certificate of need to allow the $949,880 facility to be constructed. If approved it will be the new home for four current residents of the Greene Valley center which is being shutdown under a court approved settlement.
The Sunrise facility, which would be located at 640 Old Shiloh Road in Greeneville, is one of several pending applications before the state agency.
Contact:wfrochejr999@gmail.com

PROPOSED HOME LOCATIONS

Open Arms Care Corp.

1817 Bishops Bridge Road Knoxville
12621 South Northshore Drive Knoxville
Chuckey Pike Chuckey
East Church Road Greeneville
 --------------------------------------------------
Sunrise Community of Tennessee

680 Quaker Knob Road Chuckie
640 Old Shiloh Road
--------------------------------------------------
D & S Residential

2609 Erwin Highway Afton
2619 Erwin Highway Afton
Old Stage Road Greeneville