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Pressure increases for mayor to intervene on GEPB issues; investigation finds legal payout over $80K since last June

Feb 8, 2021 | 10:36 AM
Glasgow mayor, Harold Armstrong, appears at a meeting of the Glasgow City Council on Monday, Sept.14, 2020. The mayor is being urged to take action to intervene on issues taking place at the Glasgow Electric Plant Board. A recent statement from the Barren County Economic Authority and chamber of commerce assert the actions of the board could jeopardize Glasgow’s economic development future.
(BRENNAN CRAIN/WCLU NEWS)

GLASGOW, Ky. – Pressure is being placed on Glasgow’s mayor to intervene quickly as the city and Barren County’s economic interests are at stake due to recent actions taken by the Glasgow Electric Plant Board.

The board most recently moved to begin litigating the Tennessee Valley Authority with hopes of removing themselves from a 20-year agreement with the energy provider.

The Glasgow Electric Plant Board has paid nearly $85,000 in legal expenses since last May, a WCLU News investigation finds.

In those statements are charges from five law firms, one court reporter and the Kentucky League of Cities. The earliest services were from Cole & Moore law firm, and that cost the GEPB $12,280.

All of the information regarding the work completed was redacted on records obtained from the EPB. Most of the work stems from court proceedings last year regarding a series of illegal meetings held during the onset of the pandemic.

Because of the issues with open meetings violations and the issue of DT Froedge’s membership on the board, Cole & Moore was hired. That firm was later terminated as representatives of the whole board but continued to represent Tag Taylor and Libby Short.

Froedge, Marlin Witcher and Glenn Pritchard moved to hire Frost Brown Todd Attorneys at the latest meeting of the Glasgow EPB. The attorneys are charged with seeking removal from a contract with the Tennessee Valley Authority. The firm was hired at $495/ hour. Additional fees apply for paralegal fees.

A WCLU News investigation finds an approximate $84,441 has been paid to various firms and legal entities for varying court work. Those entities include Frost Brown Todd law firm, James A. Dale Jr., a court reporter from Bowling Green; Boehl, Stapher & Graves law firm; the Kentucky League of Cities; Bell, Orr, Ayers & Moore law firm; Matthew J. Baker; Cole & Moore law firm; and one fee for an unidentified series of services totaling $5,531.50.

Because the Glasgow EPB is municipally owned, those costs are at the whim of the ratepayers. And Barren County’s economic authorities are concerned with the board’s actions.

A statement was released from the Glasgow-Barren County Chamber of Commerce and the Barren County Economic Authority last week. The joint statement expresses concern regarding the board’s desire to exit a Long Term Agreement contract with the Tennessee Valley Authority.

“The Board of Directors and chamber members are rightly concerned with the actions of the EPB Board of Directors and the inaction of the City Council to intervene as the oversight authority of the EPB Board of Directors and do what must be done to bring resolution to these issues without frivolous lawsuits that are costly, time consuming, and are without sufficient merit to win,” the statement said.

The statement also details inevitable consequences if the Glasgow EPB dissolves its relationship with TVA. The authorities said Glasgow will have limited, or no, chances of securing economic success in the future without the relationship.

The Glasgow City Council’s latest agenda features a resolution that calls on Glasgow Mayor Harold Armstrong to exercise executive power “to do what he can to resolve the mismanagement and derisive environment that currently exists at the EPB board level.”

The council has remained largely uninvolved over the past several years since the Glasgow EPB became one of the city’s most influential boards. The council has held a laissez-faire position, which stems from their belief that the Little TVA Act should govern the board and not the council.

But certain members of the council have taken stauncher stances regarding the body’s position with the GEPB. Others have chosen to remain uninvolved.

“For all the reasons set forth herein, the Council looks to the Mayor to engage in sound reason and logic to facilitate a positive resolution of the EPB current state of affairs,” the resolution said.

The mayor has voiced his concern with TVA, and he publically said he did not want to reappoint former board member, Tag Taylor. The former board member spent much of his last year as a voice of dissent and served as a supporting voice for the GEPB’s relationship with TVA.

Instead, the mayor insisted Froedge, a strong voice of opposition against TVA, remain on the board. Froedge “resigned,” but he later rescinded it.

Witcher, a long standing councilperson, was reappointed to the board by the mayor on Dec. 14, 2020. Witcher was involved in a series of illegal meetings last year, attempts to fire the superintendent, and he voted to begin the process of litigating the TVA.

While the council is calling on the mayor to remedy issues, they unanimously appointed Witcher back the EPB after those erroneous events. The body is set to take up Mark Lane as another appointment on Monday evening.

Given the nature of the council, community and economic authorities’ request, it’s unclear how the mayor will remedy the issues asserted in the recent statement and resolution.