Rosa Mine opponents speak out; others ask for help with regulations

People filled the commission chambers in the courthouse Thursday evening, many of them to signify their opposition to the Rosa Mine. They created the second standing-room-only crowd of the year, following the Quilters Guild muster in May. This was the county governing body’s second and last planned evening meeting for the year.

Three Rosa residents addressed different concerns. Jerry Gordon-Hellman of Blountsville observed that the financial characteristics of NovaDX cast doubt on their ability to follow through on reclamation and road bonds and other financial committments should the mining venture fail. NovaDX is the parent company of MCoal Corporation which has requested the mining permit for the area.

He said previous attempts to auger coal in Alabama have failed, including an attempt to use the method in the Rosa area. The auger got stuck as a result of a cave-in and was abandoned at the site, he said.

He also asked the commission to request that the proper road authorities build turning lanes at the point where mining vehicles would enter U.S. 231 from the initial mining site in the Cornelius Mountain area.

Leigh Lynn of Blountsville said that federal reclamation funds the area now qualifies for will be forfeited if the Rosa Mine is reactivated. She also asked the commission to consider passing a noise abatement ordinance to prevent auger operation on a 24-hour-a-day basis.

Richard Wyat expressed his concern over the chemical effects of water and air pollution on public health. He said he and his wife want to have a child but are afraid the coal mining operation will make the environment unhealthy, deploring what he called the mining company’s lack of regard for human welfare.

District 4 Commissioner Waymon Pitts responded, “I don’t want it any more than you do. But the only thing we can control is the roads.” Pitts said he would ask state Department of Transportation district engineer Brian Davis for the turn lanes. He noted that the county commission cannot pass ordinances on its own behalf. The state Legislature would have to pass the ordinance, he said.

Road conditions, a continuing refrain

Johnny and Nicole Elrod and Jay Tibbs asked for help with the three-mile dirt Smith Road connecting Boat Landing road and county road 27 in District 3. Tibbs said greatly increased traffic there has incresed the number of accidents in recent years.

The road has no shoulders, and where it crosses a culvert, it isn’t wide enough for two cars to pass, he said. Much of the traffic is trucks towing boats en route to Inland Lake. School buses from Appalachian School also use the road. The county grades the road periodically, he said, but within a matter of three or four weeks after grading, it is as bad as ever and is tearing up their vehicles.

Commissioner Tom Ryan joined the delegation at the speakers’ podium facing the commission, producing a tax map of the Smith Road area and adding machine tape showing tax and construction estimates. For the next several minutes, he walked through the numbers with the petitioners. Below are the numbers.

Annual ad valorem taxes paid by citizens owning property on Smith Road $6390

Amount of that allocated by law to county general fund to run county government, exclusive of roads (28 percent) $1789

Amount of that allocated by law to county road and bridge fund, earmarked for roads (15 percent) $958

Estimate to pave 3 miles of Smith Road plus install box culvert $195,000

Ryan demonstrated the gap between the amount of property taxes people pay and the cost of road improvements. He added that over the last two to three years he has already spent between $60,000 and $70,000 improving Smith Road – widening, grading, and cherting to get it to the point where it can be paved when money is available.

Note: the remainder of the ad valorem taxes shown above goes to the county boards of education (about 30 percent), to the county health care authority (about 6 percent), and to the state of Alabama (about 20 percent). Percentages are approximate.

Commented Commissioner Waymon Pitts, “It’s frustrating when people would rather pay for a front end alignment and other repairs than to pay a $15 annual tag fee per vehicle, which would be used to maintain the roads. Yet 86 percent of the people voted against the tag fee,” he said.

Following the Smith Road discussion, the commission heard Steve and Sandy Hawkins’s appeal for assistance with paving Hilltop Road. See “Hilltop Road Makes Case for Subdivision Regulations,” p. 16, this edition.

Subdivison citation appealed

Leonardo and daughter Sarahi Villanueva appealed a citation and $1000 fine they had received for violating subdivision regulations.

As the county views the issue, multiple residences constitute an illegal subdivision on the Villanuevas’ 11- acre tract on Wilson Chapel Road. According to county engineer Richard Spraggins, the family had been notified on several occasions over two years either to have the property surveyed and platted as an official subdivision for county approval or to remove from the property two trailers that were not occupied by immediate family members and were thus out of compliance. A citation and $1000 fine were issued in August when an inspector found the property still out of compliance.

Sarahi Villanueva, high-school-aged adroit interpreter and negotiator, said that in an extended exchange with Spraggins over the last two years, his instructions had seemed conflicting or unclear.

“We tried to be patient and explain the requirements clearly each time, but we wouldn’t hear from them for months after each contact, and I think two years is long enough to be patient,” Spraggins said.

At the conclusion of the discussion, the Villanuevas were told either to remove one of the trailers or to submit a properly surveyed subdivision plat to the county engineer. The $1000 fine would still apply, unless the commission were to vote to rescind it once the property owners comply fully with county regulations. Water system buyout/merger

Attorney Brett King asked the commission to approve the planned purchase of the Cleveland water and sewer system by his client, Blount County Water Authority. King said the planned buyout is in the interest of subscribers to both systems because (1) the merger results in a more stable entity, with the resulting entity having an improved debt coverage ratio; (2) Cleveland already purchases the majority of its water from BCWA, which has sufficient water to supply both systems; and (3) the buyout is not hostile, and is being proposed with willing participation by the town of Cleveland.

Commissioner Pitts, in whose district both systems are headquartered, asked for full financial reports from both parties to the transaction. Pitts also said he wants to request attorney general’s opinions on two aspects of the merger: (1) is county commission approval required for the merger to take place; and (2) can the town of Cleveland legally enter into a contract to sell the water system’s assets, given the disruptions that have occurred within the town’s political administration. Pitts said he would not be prepared to vote on the acquisition until all such questions are answered.

Don Graves of Royal asked the commission to advance the community $5000 to pave a walking track at the community center. Graves said they have been notified they will receive a $5000 grant around Oct. 1, but that the paving season is running out, and they need to pave the track before Oct. 15, whether the grant money has been received or not. The commission responded that the paving season for asphalt extends into November, and should give the group adequate time to receive the grant and make paving arrangements.

Gene Horsley asked the commission for permission for county engineer Richard Spraggins to help with engineering design and layout of the planned Veterans Memorial Park, and for the county to provide heavy machinery to move the stone memorial from the courthouse lawn to the site of the park. Commission Chairman David Standridge agreed to put the matter on the agenda for the commission business meeting to decide after clarification of legal questions.

Two commissioners – Robert Bullard and David Cochran – were absent from the work session, both with illness. The next commission work session is Oct. 8 at 9 a.m.