Oak Ridge Today

Chamber forms Progress PAC, two Council members seek legal action

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Trina Baughn

Trina Baughn

Note: This story was updated at 10:30 a.m.

Two Oak Ridge City Council members have requested a special meeting this week to consider litigation against the Oak Ridge Chamber of Commerce, seeking to prevent the business organization from conducting political activities on public property, including through a new political action committee.

The special meeting, which would be open to the public, has been requested by Oak Ridge City Council members Trina Baughn and Anne Garcia Garland. Baughn said she requested the meeting to “vote upon initiating litigation against the Oak Ridge Chamber of Commerce so that the city may seek either injunctive relief and/or a temporary restraining order with regards to their conducting political activities on public property.”

Stephen Whitson

Stephen Whitson

On Friday, the Chamber announced it had formed a political action committee named the Progress PAC. The multi-candidate PAC will support candidates in the November elections for Oak Ridge Board of Education and City Council, a press release said.

Stephen Whitson of Oak Ridge has been elected Progress PAC chair, and David Bradshaw, also of Oak Ridge, has been named treasurer. Both are past chairs of the Chamber’s Board of Directors.

In the press release, Whitson said the Progress PAC will only consider supporting candidates who respond to an issue-based written questionnaire and participate in an interview with Progress PAC members. [Read more…]

Guest column: Council looks to future in policy, planning meetings

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Note: This is a brief report to the town on Oak Ridge City Council meetings on policy and planning.

Following a vote in June to do so, City Council has been having two policy and planning meetings each month.

At our first meeting, we agreed to follow the general outline of the Comprehensive Plan in order to give ourselves focus. We added a section for the U.S. Department of Energy. Council members Chuck Hope, Trina Baughn, David Mosby, Charlie Hensley, and Anne Garcia Garland have been attending. City attorney Ken Krushenski, a couple of interested citizens, and the press have attended also.

The most encouraging outcome so far has been that the five have begun to operate as a team. We are looking at ways to improve the council’s effectiveness.

Those who follow the Council agenda online will have noticed that Monday’s agenda included a resolution from Council to have four things occur: [Read more…]

Four Applewood Apartment buildings still ‘unfit,’ not vacated, attorney says

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Applewood Apartments at 105 Hunter Circle

A city board declared four buildings on Hunter Circle to be unfit for human occupation or use in November 2010 and, after a Tennessee Court of Appeals opinion, reaffirmed the decision in March 2013. The case has been appealed back to the appellate court.

KNOXVILLE—More than three years after they were declared “unfit,” four dilapidated Applewood Apartment buildings have still not been vacated, an attorney said Thursday.

The Anderson County Chancery Court and the Tennessee Court of Appeals have both affirmed a November 2010 decision by an Oak Ridge board declaring the dilapidated buildings on Hunter Circle to be unfit for human occupation and use—and calling for them to be vacated immediately, attorney Dan Pilkington said.

The 2010 decision was reaffirmed by the city board, the Oak Ridge Board of Building and Housing Code Appeals, in March 2013, Pilkington said.

“We believe that this order is final,” he said in a 15-minute oral argument before a three-judge panel of the Tennessee Court of Appeals in Knoxville on Thursday. “Despite that, the buildings have never been vacated.”

The 2010 Oak Ridge board hearing was held after notices were issued citing multiple deficiencies that were hazardous to tenants, said Pilkington, who works for Knoxville law firm Watson, Roach, Batson, Rowell, and Lauderback. That company represented the City of Oak Ridge in Thursday’s oral argument before a three-judge panel that included John W. McClarty, D. Michael Swiney, and D. Kelly Thomas Jr. [Read more…]

Oak Ridge Council asked to extend, or terminate, red-light camera contract

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Red-light Camera at Oak Ridge Turnpike and New York Avenue

The Oak Ridge City Council on Monday will consider terminating a five-year contract for traffic enforcement cameras—or extending it for two years.

Note: This story was last updated at 3:25 p.m.

For some people, traffic cameras in Oak Ridge have been an irritant since they were installed, a detriment to visitors and businesses, an undesirable surveillance tool, and an unwelcome outsourcing of a police function.

But for others, the four systems erected on busy roadways in April 2009 have helped slow down traffic, reduced car crashes, and provided extra revenues to the city, including for community safety projects.

On Monday night, the seven members of the Oak Ridge City Council will have to take a side. They have been presented two options: extend the contract with camera vendor Redflex Traffic Systems Inc. of Scottsdale, Ariz.—or terminate it.

If Council continues the program, the five-year contract with Redflex could be extended for two years, through April 21, 2016. If members end it, they have been asked to consider installing a traffic signal on Oak Ridge Turnpike at Oak Ridge High School. The stoplight could cost between $150,000 to $200,000, and it would have to be approved by the Tennessee Department of Transportation. [Read more…]

Nonprofit lease termination could leave vacant space in central Oak Ridge

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Recording for the Blind and Dyslexic building

Oak Ridge officials have been asked to terminate the 50-year lease on the former Recording for the Blind and Dyslexic building on Badger Road, which would leave vacant space in central Oak Ridge. City officials haven’t decided what to do with the building.

A decision to terminate a 50-year lease agreement on a building once used by a national nonprofit organization to record audiobooks for the dyslexic and visually impaired could open up some office space in central Oak Ridge.

But city officials said they haven’t decided what to do with it yet.

Now partially empty, the split-level two-story building on Badger Road was once home to Recording for the Blind and Dyslexic. Located on the south side of Alvin K. Bissell Park, it still houses the Oak Ridge Civic Music Association, which includes the Oak Ridge Symphony Orchestra and Oak Ridge Chorus. [Read more…]

Council to discuss electronic signs, land banks, mall partnership

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Rivers Total Car Care Electronic Sign

The Oak Ridge City Council will discuss proposed changes to the city’s electronic sign ordinance during a Monday evening work session. Pictured above is Toney Stevens of Rivers Total Car Care, who has participated in the discussion.

The Oak Ridge City Council on Monday will discuss a proposed ordinance that would prohibit animated video and scrolling messages on electronic signs.

Council will also discuss economic development options related to a public-private partnership on Oak Ridge Mall properties, and commercial and industrial areas of the city.

During a non-voting work session Monday night, Council will also hear a presentation on land bank legislation. The work session starts at 7 p.m. in the Multipurpose Room at the Central Services Complex on Woodbury Lane. [Read more…]

Board reaffirms decision to declare four Applewood buildings ‘unfit’

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Applewood Apartments Board Hearing

Jim Odle of Odle and Young Architects in Knoxville shows a picture of a repair during a Thursday code enforcement hearing on four Applewood Apartments buildings. Also pictured at front center is Joe Levitt, owner of the apartment complex.

With no objections from members, a city board on Thursday reaffirmed a decision from more than two years ago to declare four Applewood Apartment buildings unfit for human occupation and use, and declare them nuisances.

Joe Lee, a member of the Oak Ridge Board of Building and Housing Code Appeals, said the board’s November 2010 decision on the four buildings on Hunter Circle has already been upheld by the Anderson County Chancery Court and the Tennessee Court of Appeals.

It wasn’t immediately clear what might happen next, including whether apartment owner Joe Levitt, a Knoxville attorney, might appeal the decision, and whether the city might issue an order to vacate the buildings. [Read more…]

Board will consider ‘unfit’ designations for four Applewood buildings

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A Tennessee appellate court has sent an order to demolish four Applewood Apartment buildings back to a municipal board, and that board is scheduled to consider “unfit for human occupation and use” designations—but not demolitions—during a Thursday afternoon meeting.

The Oak Ridge Board of Building and Housing Code Appeals had ordered the four buildings on Hunter Circle demolished on Nov. 11, 2010. The order was upheld by the Anderson County Chancery Court, but Applewood Apartments owner Joseph J. Levitt Jr., a Knoxville attorney, appealed. [Read more…]

Council accepts $480,000 grant for railway museum at K-25

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Southern Appalachia Railway Museum Building

A plan for the proposed Southern Appalachia Railway Museum at Heritage Center, the former K-25 site. (Submitted image)

Although they had concerns about potential worst-case scenarios, Oak Ridge City Council members on Monday unanimously agreed to accept a state grant worth up to $480,000 for construction of a railway museum at Heritage Center, a project first proposed more than a decade ago.

By approving the resolution, Council also authorized the city to enter into a construction management agreement with the Community Reuse Organization of East Tennessee and Heritage Center LLC. That agreement calls for CROET and Heritage to offer the 20 percent local match required under the grant, or $120,000, as well as associated construction management services.

[Read more…]

Report: Oak Ridge officials discuss wastewater issues with EPA in Atlanta

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Editor’s note: The Oak Ridge City Council recently established an ad hoc subcommittee to focus on issues related to the U.S. Environmental Protection Agency administrative order on inflow and infiltration of the city’s wastewater system. Councilman Chuck Hope, who is chairman of the subcommittee, provided the following report on its recent meeting with the EPA in Atlanta.

The subcommittee of City Council that was formed to address our EPA Administrative Order concerns, went to Atlanta, Ga., on Tuesday, Feb. 5, 2013, to meet with staff from the Southeast Regional (Region 4) EPA office.

The meeting was attended by four EPA staff members: Denisse Diaz, clean water enforcement branch chief; Maurice Horsey, municipal and industrial enforcement section chief; Michele Whetherington, assistant regional counsel; and Dennis Sayre, our assigned contact in municipal and industrial enforcement.

[Read more…]

City doesn’t plan to appeal Applewood demolition decision

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Note: This story was updated on Nov. 7 to include links to the opinion.

The city’s top legal official on Monday said he doesn’t plan to appeal an appellate court decision that sent the order to demolish four Applewood Apartment buildings back to a municipal board.

“I don’t want to hold this up by appealing this any further,” Oak Ridge City Attorney Ken Krushenski said. “We’re going to do what the Court of Appeals said.”

The Oak Ridge Board of Building and Housing Code Appeals ordered the buildings demolished on Nov. 11, 2010. The order was upheld by the Anderson County Chancery Court, but Applewood Apartments owner Joseph J. Levitt Jr., a Knoxville attorney, appealed.

In a three-judge opinion filed Oct. 30, the Tennessee Court of Appeals in Knoxville said the Board of Building and Housing Code Appeals “acted without material evidence to support its decision to demolish the buildings.”

The appellate court said the board may only order demolitions when repair costs exceed 50 percent of property values. However, no evidence was presented at the 2010 Applewood hearing about the original condition or value of the buildings, or the repair costs, the court said.

The city won on all other issues, Krushenski said.

“As far as we’re concerned, everything else is over with,” he said.

Krushenski said the Board of Building and Housing Code Appeals will now have an evidentiary hearing that will be limited to the building and repair costs. He said the board will be able to consider demolition orders if repair costs exceed more than 50 percent of building values. A hearing date hasn’t been set yet.

In its opinion, the Court of Appeals said board member Joe Lee “moved to order the demolition of the subject buildings because he believed that (Levitt) had already been given an adequate amount of time in which to repair the buildings.

“While (the) owner’s continued noncompliance may have been infuriating to the board, the board did not have the power to order the demolition of property simply because owner failed to follow directions,” the court said.

The other issues reviewed by the court ranged from the constitutionality of administrative warrants used to inspect Applewood buildings to Lee’s alleged bias against Levitt.

Levitt could appeal the court’s decision to the Tennessee Supreme Court. He wasn’t available for comment late Monday afternoon

There are total of 10 Applewood Apartment buildings that have been ordered demolished. Krushenski said the other six demolition cases are pending in Anderson County Chancery Court.

The Oak Ridge City Court has ordered that three more buildings be repaired. That order has been appealed to Anderson County Circuit Court, Krushenski said.

The city has fought a code enforcement battle against the 13-building apartment complex on Hillside Road and Hunter Circle for several years. City officials say they want the buildings repaired, while Levitt says he has made repairs.

You can read the opinion here.