Special meeting continues; issue resolved By SANDRA STONE Following a 90-minute recess of the special called meeting of the Meade County Fiscal Court Dec. 27, the parties reconvened to continue discussion of the issue of possible hazardous material buried on the property Meade County is purchasing from Arch Chemicals (551 acres). County Attorney Darren Sipes indicated he had spoken with David Wilson, attorney for the Industrial Development Authority. Wilson had spoken with Jamie Compton, Arch’s attorney, who had agreed to include in the deed Arch’s commitment to remedy any hazardous material situation for five years from the date of the deed. Wilson relayed the request from Magistrate Theresa Padgett for a 10-year indemnification, but Arch was steadfast at five years. The agreement binds Arch Chemicals, Inc. and Olin Corporation. Padgett said it had been confirmed during the recess by two former employees that hazardous material is buried on the property. Magistrate Herbie Chism wanted to know who had come forward, and Padgett requested a closed session to reveal the names. Sipes stated the court could not enter into closed session as it was not on the agenda of the special called meeting. Padgett did not name names in open session. David Pace, chair of the Meade County/Brandenburg Industrial Development Authority, said to his knowledge there was nothing buried on the parcel the county is purchasing. If something is found, Rick Walden of Arch Chemicals has stated that Arch will buy back any property which does not meet requirements. Padgett indicated the county wasn’t protected, but Pace stated the indemnification had been in place in the contract. As an added protection, Padgett requested the five-year indemnification be placed on the deed as well. During a conference call with Wilson, Padgett asked about that matter, and Wilson responded that while it doesn’t have to be in the deed, it doesn’t hurt. At Padgett’s request, Wilson had also called one of the unnamed former employees who had indicated to Wilson that hazardous materials had been buried on the property, that he had dug the trenches. Wilson said he couldn’t determine from a brief telephone conversation if it was so, that 100-percent certainty was unlikely. Magistrate Jamie Staples questioned the motives of the unnamed individual, wondering if he were disgruntled. Chism asked how the individual knew for certain that the materials were buried on the property being sold, particularly as the exact location of the acreage is not public knowledge. Rick Walden of Arch Chemicals entered the meeting during the conference call with Wilson and addressed the court. “What I’ve been told is that someone buried stuff on the property you’re ready to buy,” said Walden. “The only thing I can tell you is what I know.” A truck going up KY 933 turned over and spilled chemicals. The spill was cleaned up per EPA standards. Magistrate Don Callecod concurred with Walden on this issue, noting that he had worked Haz-Mat duty on the spill. Also, said Walden, in an area which Meade County is not purchasing, sludge from the wastewater treatment plant has been buried. It is a permitted area, said Walden, fully state and EPA approved and not hazardous. Walden added that Arch was not selling Meade County that property because it is still being used for that purpose. Walden said there had been a reason for keeping the distance between the property being conveyed and the plant itself. Anyone burying materials, he said, was not going to walk a mile and a half from the plant to do so. “The only thing I know is to call the guy in, show us where the concern is, go investigate,” said Walden of the unnamed former employee’s allegations. “I don’t see why it should hold up the closing when for five years we’ll take it back.” Padgett advised the individual in question would be back in town in two days and would meet with Pace, Walden and Padgett and show them where the area in question is. Although questions remain unanswered, the members of the Fiscal Court agreed the indemnification in both the contract and the deed were sufficient for them to proceed. The second reading of Resolution 16-05 was conducted. Callecod moved to accept and approve the resolution. On a second by Staples, all were in favor. The meeting then adjourned, and representatives of all parties went to First Federal Savings Bank in Brandenburg for the closing.
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