Mr. Jerry McCarter also did not return my call to discuss his letter. He indicates incorrectly in his letter this is a “new roadway” and gives no weight to the will of the community or the health and safety concerns of homeowners. He is understandably concerned about a lawsuit with the developers of Cove Mountain.

We have presented evidence on this site and to Mr. Smelcer that Blue Springs Way is more than 100 years old. I have anecdotal evidence from a long time resident that it was used by a woman named Margaret Cotter to access her cabin (in Margaret Hollow) 75-100 years ago. Blue Springs Way has been openly and freely used by the public for the past 30 years to access four subdivisions which Sevier County permitted to be mapped and recorded in the 70s 80s and 90s. Many lots of 1 acre and less were recorded. Seventeen homes have been built. Recently ninety-five Wears Valley residents and owners signed a petition for Blue Springs Way to be maintained by Sevier County. Many others did not have an opportunity to sign.

Mr. McCarter ought to be able to distinguish that a variance for a historic road which is the only access for four subdivisions and seventeen houses is different than allowing a variance for a new subdivision on undeveloped land.

Joe Mansy

Re: Blue Springs Way Maintenance and County Takeover Progress

Road Maintenance Cost Update as of September 2010

The contributions of home and property owners for the recent improvements to Blue Springs Way are greatly appreciated by everyone. A $5000 deficit remains for the most recent improvement efforts. More than half of property owners have yet to contribute. We hope this letter and information will encourage those who benefit from these efforts -but have not yet contributed- to step up and share the burden.

In 2008 and 2009 heavy rains and high usage took a toll on the road. Large potholes and erosion made traveling the lower portions especially in the second quarter mile slow and difficult. During the summer of 2009 Joe Mansy undertook an improvement project. More than 14 truckloads of shale were brought from his property and used to create a road bed with proper drainage. Two culverts were placed. Five loads of gravel were used to surface the road. Subsequently the road surface has been graded with a tractor and box. This work cost $5000. Tim and Sharmon Czahor, Cindy Miller, Steve and Rebecca Nash, Bob and Clydena Starnes, and Tom and Shirley West contributed the requested $450 per home or a total of $2250. Joe Mansy paid the balance and also contributed a culvert and an additional load of gravel this year.

The steeper third and fourth quarter mile of the road also suffered extreme erosion. The ditch had not been maintained and water washed out a portion of the road bed and caused a small landslide. During the winter and spring of 2010 Cindy Miller undertook an additional $19,000 improvement project on this section. This included extensive bulldozer work to improve the grade and drainage. New culverts were placed and at least 24 loads of gravel put down.

Mostly the same individuals contributed to these efforts, but our June letter requesting financial support in paying these costs did result in additional contributors. Contributors were Cindy Miller $4000, Ernest Huff $500, Chad Schenk $500, Tom West $2000, Paul Nash $2000, Bob Starnes $2000, Allan Roark $2000, Tim Czahor $1000. A deficit of about $5000 still remains. Everyone is grateful to those who did contribute. We are hopeful that those who have not will participate in paying for these repairs. The anticipated more permanent solution of Sevier County assuming road maintenance would require an additional investment by homeowners.

Below is a list of 25 owners whose property is known to be accessed by Blue Springs Way. A letter was mailed to nineteen of these owners in June 2010. A copy can be viewed at www.bluespringsway.org. We believe most received this request for the road upkeep. We received contributions from the nine owners mentioned above. This totaled $14,000.00, which leaves a balance of $5005.00.

The addresses listed below are primarily from the Sevier County Tax Assessor’s Office. If you know that yours or any other of these addresses is incorrect, please let us know, so that we can update the list. It is important that all property owners are kept informed concerning the ongoing costs of accessing our homes and land and making sure owners, guests and workers all can reach our properties easily and safely. Our success is directly related to our ability to effectively communicate with everyone concerning this process.

Possibility of Sevier County Taking Over Blue Springs Way

On Wednesday, September 8, 2010, Cindy Miller, Joe Mansy, Tom West, Earl McCarter, and Earl’s brother met with Jonas Smelcer, Sevier County Road Superintendent, and Second District County Commissioner, Ben Clabo, to present a petition signed by 95 people, requesting that Sevier County assume responsibility for Blue Springs Way. You may view a copy of the petition at www.bluespringsway.org.

After lengthy discussions on the existing (20 foot) right of way not meeting width requirements on the first 1200 to 1500 feet of this road, Mr. Smelcer proposed a solution. The right of way would be deeded to Sevier County and a variance for the width obtained. If the respective landowners deed the existing publicly used right of way to Sevier County, it would then be possible for Ben Clabo to request a variance for the width, clearing the way for the County to maintain this road.

If such a variance were approved, Sevier County would also require the users of the road to pay (to Sevier County) the initial cost to have the road chip-and-sealed. After that, maintenance costs would be borne by the County. The cost to property owners was quoted at $2000 per one tenth of a mile or $20,000 per mile. To chip and seal up to where the existing gravel meets the blacktop on the steep hill would cost about $22,000, as it is about 1.1 miles. The County will not assume the roads in subdivisions. Additionally, any work beyond the length of the old original Blue Springs Road (estimated to be 1300 or 1400 feet) may require the 50 foot right of way, some of which requires landowner permission, which we presently do not have.

A 2008 quote for paving the entire 1.1 miles to the blacktop section was in excess of $70,000.00, in which case the community would still be responsible for future maintenance. The cost of making this a County road, which thereafter would be maintained by the County, is a bargain compared to continuing to trying to keep it passable with landowner funds.

Mr. Smelcer claimed that the cost of our contributions for the initial cost of this road would be tax deductible. He also said that no work would be done until after the first of 2011.

In summary, while it is not a certainty that Blue Springs Way will be taken over and maintained by Sevier County, we have a possibility that did not exist until we generated a petition and met with County authorities. We feel that it is imperative to act swiftly and concertedly in order to take advantage of the opportunity to create safer and less costly access to our property.

We are hopeful that all property owners will be willing to contribute to the costs of converting Blue Springs Way to a County Road and have Sevier County assume its maintenance. If everyone were to participate the costs per owner will be reasonable. Please indicate your commitment to participate by mail to Cindy Miller P.O. Box 5377, Sevierville TN 37864 or via email to admin@bluespringsway.org. The window of opportunity with the County may be fleeting, so please respond as soon as possible. You may post your comments on our blog www.bluespringsway.org. If we collect your email address, we will send you email updates regarding our progress and report on commitments to making Blue Springs Way a County Road.

If you have not yet contributed to Cindy Miller’s recent road maintenance project, please recognize the value of her efforts and share this burden. Send your contribution as soon as possible to: Cindy Miller P.O. Box 5377. Sevierville TN 37864. If you have already contributed, thank you. You have the satisfaction of knowing that you have assumed your part in maintaining the road on which you or your guests will travel more safely and with less wear on vehicles.

LIST OF PROPERTY OWNERS

Terrance and Jeannie Barret
11328 Camden Loop Way
Windermere, Fl 34736

Ronald Cameron
3212 Cameron Way
Sevierville, TN 37862

Lisa Cromer/Tracy Joyce Newborn – Lot 6
471 Howard Jones Rd.
Defuniak Springs, Fl. 32433

Tim and Sharmon Czahor – 2963 Little Cub Way
137A Taylor Bridge Rd SW
Calhoun, Georgia 30701

Tommy Drinnen
3106 Blue Springs Way
Sevierville, TN 37862

Rick and Jody Garrity – RBG Development UC
P.O. Box 6224
Sevierville, TN 37864

Steven and Michelle Grenier – Moose Tracks 2752 Blue Springs Way
17925 31st Rd N
Loxahatchee, Ohio 33470

Charles Guarneri – Lot 10 2739 Blue Springs Way
320 Forest Bend Drive
Mt. Juliet, TN 37122

Nick and Laurie Haley – Puttin on the Ritz Little Cub Way Lot 15
2441-Q Old Fort Pkwy #111
Murfreesboro, TN 37128

Ernest Huff
2902 Wears Valley Road
Sevierville, TN 37862

Ralph and Berta Lundberg – 3660 Margaret Hollow Way (Mail has been returned to this address)
1943 Igou Pl Dr.
Chattanooga, TN 37421

Joe Mansy
PO Box 336
Pigeon Forge, TN 37868

Earl McCarter
3062 Blue Springs Way
Sevierville, TN 37862

Cindy Miller
P.O. Box 5377
Sevierville TN 37864

Gerald & Karen Miller
3202 Wears Valley Road
Sevierville, TN 37862

Paul and Rebecca Nash – Margaret Hollow Way
16609 Hutchison Rd.
Odessa, Fl 33556

Vicky Orr
Mountain Land Investment LLC
3264 Wears Valley Road
Sevierville, TN 37862

Diane Ritter/Jerrold Birbal – Above and Beyond 2953 Little Cub Way
1535 Old Beech Ct.
Dayton, OH 45458

Allan and Patricia Roark
14315 Birchwood Pike
Birchwood TN 37308

Linda Scheele – Lot 20
20110 Mawrano Bay Dr.
Boyton Beach, Fl 33435

Chad Schenk – Cabin Fever 3702 Margaret Hollow Way
1210 Inglenook Place
Cincinnati, Ohio 45208

Mary Lou Shinlever
3011 Hatcher Mtn. Rd.
Sevierville, TN 37862

Bob Starnes and Clydene Buckner- Mountain Aire
2756 Ashton Circle
Hamilton, Ohio 45011

Tom and Shirley West
2811 Meadow Stream
Ft. Wayne, IN 46825

Gordon Whitmore
3049 Blue Springs Way
Sevierville, TN 37862

Various issues concerning Blue Springs Way were productively discussed for over and an hour. A letter summarizing what was learned is being prepared to update property owners.

3450 Parton Lane
Sevierville, TN 37876

We, the undersigned who reside or own homes or property in Wears Valley request Sevier County to assume responsibility for the maintenance and upkeep of Blue Springs Way. We believe the County should agree to this request for the following reasons:

• Public Road: Blue Springs Way has and is openly and freely used by the public. It is regularly used by delivery trucks, tourists, and renters. Homes and properties served by this road are in multiple subdivisions and non-divided tracts. No one person, group, or development has the responsibility, authority, or ability to maintain this road.
• Access: This road serves seventeen homes and provides their only access to Wears Valley Road. Due to poor road conditions at various times homeowners have had to walk for miles in the dark or bad weather.
• Health & Safety Emergency Services: The County has a duty for Public Health and Safety. This road does not provide adequate access for ambulances or fire trucks. This should be of major concern to the county. If continued maintenance is not assured Emergency vehicles may fail to reach residents in a timely manner, resulting in poor outcome and potential liabilities.
• Taxes Paid but Services Denied: All homeowners and property owners are paying taxes that include road fees. They are not receiving county road maintenance and as a result the US Post Office has refused to deliver mail to their homes.
• Road History: Blue Springs Way is one of the oldest roads in Wears Valley. It appears on map the TVA map of 1936. We believe the County should have taken responsibility for this road years ago.
• Paving-Ready: A few homeowners have just spent over $20,000.00 to upgrade the road, improving the grade and drainage. The road could now be paved.

Download a pdf file of this petition.

Last winter a major slide occurred on the gravel portion of Blue Springs Way, making the road almost impassible, and certainly dangerous to continue to use. For safety reasons, it was necessary to initiate immediate repairs.

In contacting construction companies for estimates to repair the road, we were advised that unless we added three additional drainage tiles and improved the drainage ditches to keep rain water from running down the road and cutting large ruts, this problem would occur again in a short time, and that any money spent on gravel or grading alone would be completely wasted.

We contracted Campbell Brothers Construction to perform the repairs. Copies of the repair bills are attached. The grading, ditching, tiling and twenty-four loads of gravel cost $19,005.39. At that time, when repairs were urgently needed, we contacted many of you about your willingness to help in paying the costs sustained in keeping the road passable and safe.

Unfortunately, the response to date has been disappointing. We are sending this letter requesting your reconsideration. We’re sure everyone agrees we all have responsibility in sharing the cost of repairing and maintaining this road. Some of you own rental cabins, which generate use not only by guests, but by cleaning, repair, real estate, and lawn service vehicles, resulting in a road that has been not only inconvenient for your guests, but, at times, unsafe and at the very least hard on the cars of your guests. Access to your rental cabin is now much safer, and these repairs will probably result in less complaints and in more repeat rentals. Some guests don’t complain—they just don’t return. Some of you without cabins have had or will have heavy well-digging, electrical service, concrete, building supply, laborer, and other trucks on the road, and some of you simply enjoy visiting your undeveloped property. This road is used by all of us.

For those of you who have contributed, this letter will serve to keep you informed of the ongoing situation. We are asking $2000.00 per lots with cabins and $1000.00 per undeveloped lot.

Some have said they don’t want to pay for fixes like this, but would be willing to support the permanent fix of paving the road. Please note that the expense of grading, ditching, drainage-tiling, and graveling incurred this past winter would have been required before the road could be paved, and that the road is now ready to pave. The longer we wait to pave it, the more work will be needed to return it to this condition, due to use and weather.

If you wish to have us get estimates on paving the road, please indicate so in your reply to this letter. However, unless we get virtually a majority to support this, the cost would be excessive for only a few to support. The best solution to this road issue is to convince Sevier County to take responsibility for the road. We have tried several times in the past with no success. The County says that a lack of a fifty-foot right of way in the fenced in lane off the paved Willow Tree Road prevents them from considering our request. We have learned this isn’t an absolute requirement, as they have taken some roads with less than the fifty-foot limit. We’re willing to try again with a new approach. We’re preparing a petition for you to sign requesting the County to take over this road. We plan then to present this to the County Road Commissioner. We will also try to get many local residents to sign. Many of us are not residents of Tennessee and thus do not vote here, so perhaps more local signatures will help. All of us who use this road do, however, pay property taxes to Sevier County, and presently receive no services from the County. Please note that the Road Commissioner has previously mentioned that for the County to take over the road it would have to be brought up to its present condition, which was accomplished by the nearly $20,000.00 worth of work done over the winter. This will not happen soon, though, and will not happen at all without a lot of concerted work and pressure. It may well never happen.

Therefore, at present, and for the foreseeable future, the repair and maintenance of the road is the responsibility of all of us to share. Some of us, over the years, have invested time and money in repair and upkeep from which all have benefited, with recompense from very few property owners. It is time for everyone to pitch in.

If everyone would send $2000 for a cabin property or $1000 for an undeveloped lot to Cindy Miller, who initiated and paid the bulk of the repairs necessary to keep the road open after last winter’s landslide, we could easily pay this bill and have money left over to pay for future maintenance—for instance, the pavement on the steep hill on the portion of the road nearest Wears Valley Road is caving in and will need attention this year. If you cannot afford $2000.00, then contribute as much as you can.

We have started a web page, www.bluespringsway.org, concerning the road and our community. You can see photographs of the road there. The WordPress format is supports blogging, as well. We welcome the help of any of you who would like to get involved in the process of helping our small community cohere and pull together, via the web page or in any other way. Our phone numbers are below.

Please reply to this request as soon as possible, as we plan to issue a summary of the owners who are supporting the road and those who declined to contribute. If we don’t hear from you in thirty days, we will assume you decline. If you have contact information on any property owners we have missed or for whom we have incomplete information, please let us know.

Send payment to Cindy Miller, PO Box 5377, Sevierville TN 37864. If you require any accounting information that has not been included here, contact Cindy Miller.

Also, if you have any other suggestions, please let us know. You can contact us by email through admin @ bluespringsway.org

Yours truly,

Cindy Miller
Joe Mansy
Tom West

http://fowv.org/