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PUTNAM COUNTY AND THE CITY GET DUAL CERTIFICATE FOR THE INDUSTRIAL PARK KANGAROO COURT IGNORES THE FACTS AGAIN.
by Danny Newton
6 MAR 2009
A delegation of 18 people plus Representative Henry Fincher and Senator Charlotte Burks converged on the Building Finance Committee of the Department of the Economic and Comunity Development to plead their case for another industrial park in Putnam County. Everyone got to say something positive about the project and the result was that the Certificate of Need was authorized not only for a Business Park but for an Industrial Park.
Attorney Bob Anderson, speaking for the Pyles Family, reminded the committee that the current legal action in the state supreme court was still pending and that the only assurance that the most valuable property near what might be the Fifth Interchange would not be in the park was a few city and county resolutions. The attorney for the Lynch family has yet to see confirming paperwork that the battle is really over.
More about the meeting later....
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WILL THE HERALD CITIZEN EVER COMMIT JOURNALISM AGAINST THE OUTRAGEOUS INDUSTRIAL PARK FOLLIES OF COOKEVILLE AND PUTNAM COUNTY?
LYNCH FAMILY ASKS FOR CORRECTION FROM THE HERALD CITIZEN
by Danny Newton
11 FEB 2009
EDITOR's COMMENT:
The Herald Citizen has been a reliable propaganda tool for the Chamber of Commerce in this outrageous eminent domain abuse and tax money mismanagement fiasco. The occassional and rare letter to the editor on the subject that might be critical of the project is not proportional to the outrage and mismanagement afoot. The Herald Citizen is a propaganda organ for the Chamber of Commerce and even enjoys a room in the Chamber of Commerce building named after the paper. The Herald Citizen will always be a fish wrapper as long as it acts as if the Ninth and Tenth Commandment was repealed just before the city and the county started lusting over their latest industrial park fiasco.
LETTER REQUESTING CORRECTION OF HERALD CITIZEN ARTICLE.
Heather, thank you again for allowing us to comment on your previous
article.
I wanted to correct your sentence from the article in today's paper,
"Lynch and her family have declined offers to purchase the remaining
share of the property".
No one made an offer to decline. There were no negotiations with my
mother for the property. My cousin, Susan Slagle Thompson is an
attorney and she negotiated with Eldon Leslie for the other heirs, but
we wrote her a letter after my grandmother's death in June 2006 and
stated specifically that she was not to negotiate for my mother's
portion of the property. After the city and county purchased the four
portions in December 2006, the city and county attempted to condemn
immediately. There was a vote in February 2007 of the County
Commissioners and it was decided at that time to not condemn.
No one ever attempted to negotiate with us. No one in our family ever
informed us that they had sold their portions. No one from the city,
county or Chamber ever informed us that they had purchased the other
portions. My mother has not spoken with any of these family members
since December 2006. We found out everything on our own.
Of course, the obvious reason for this is that everyone knew that my
mother was not interested in selling her share, but there was never any
opportunity provided her to allow her to partition her portion of the
property. And, there was never an opportunity to decline an offer.
This might be an important legal point in the future, as prior to
condemning property, the city and county were expected to make good
faith negotiations.
Again thank you. We appreciate your complete and careful coverage.
Linda
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INDUSTRIAL/BUSINESS PARK CONDEMNATION SUIT DROPPED...AGAIN.
by Danny Newton
06 FEB 2009
The City/County has once again thrown in the towel on the condemnation suit. They have also decided to take some of the evidence of the intention to turn the property into commercial property out of circulation by resubmitting their Application of Certificate of Need. It is obvious that the city has decided to cut its own leg off after finding that it was trapped in a potential slugfest in the Supreme Court. This property was called the "lynch pin" of the whole project and contains valuable property that would have been critical to recovering the tax money already sunk into the project.
It is unclear if there will now be a partition of the property with the city/county retaining the portion within the footprint of the park and the Lynch Family retaining the fraction outside of the park. In an earlier court testimony, the city manager, Jim Shipley told the family attorney that even though they had no plan for the excess property, they would find a use for it "eventually."
There still is no client who will let his or her name be known publicly who wants this industrial park with or without this additional investment of $14 million in infrastructure. Another major change in the situation seems to be that there is going to be an assumption that the project has morphed from a business park to an industrial park. This firms up the legal basis for taking property since industrial projects still have condemnation exemptions. Both types of development must be reported to the state when borrowing is required but it is still unclear if the legislature intended condemnation to apply equally to business parks. The city/county seems to want to avoid having to prove their legal theory in court.
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MAJOR DELAY IN GETTING CERTIFICATE OF NEED FOR THE BUSINESS/ INDUSTRIAL PARK EXPECTED. ATTORNEY GENERAL SEEMS TO LEAN TOWARD A DELAY IN ISSUING A CERTIFICATE UNTIL THE ISSUE IS SETTLED IN THE STATE SUPREME COURT.
by Danny Newton
28 JAN 2009
The attorney for the Lynch Family was permitted to sit in on the Certificate of Need Teleconfrence on 27 JAN 2009 and a new date was set for the family attorney to appear before the Building Finance Committee to personally present his case against the Certificate of Need. That will be 05 MARCH 2009 at some location not yet decided, but it will be in Nashville.
The City,County and Chamber Members asked for a private meeting with the Building Finance Committee and that was granted. However, it is yet to be learned who was on the other end of the phone call. This meeting could have been a violation of the Open Meetings Law if two or more of the Chamber of Commerce Members were also County Commissioners. Mike Atwood, Jerry Mason, Jim Martin and Robert Duncan are all known to be Chamber of Commerce Members.
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PROPOSED LETTER TO THE STATE ADDRESSING THE INFRASTRUCTURE SELECTION PROCESS
SOUTHERN ENVIRONMENTAL LAW CENTER
As you consider economic recovery legislation, the undersigned organizations urge you to make sure that any transportation infrastructure spending is in Tennessee's best interests, promoting long-term economic growth and stronger communities while protecting our health and our environment. Our groups are involved with transportation projects throughout the state. We strongly believe that a stimulus package should be directed toward fixing our existing transportation system and providing more transportation options, rather than simply pouring more asphalt. We need transportation investments, but we also need for taxpayer funds to be spent wisely.
The Tennessee Department of Transportation has drafted an almost $1.7 billion list of projects it could fund under the stimulus package. TDOT's list includes a number of good maintenance, transit, and rail projects. However, the list would devote $850 million dollars - half of all funds - to new highway and bridge construction projects. Although many of these projects are bridge replacement projects that we do not oppose, a number of these projects would encourage more vehicle travel, increasing energy consumption and pollution. Further, unless Congress adopts provisions to guide state spending of transportation funds under the recovery bill, TDOT could use an even greater portion of the funding it receives for destructive projects, and the agency has a track record of adding road expansion projects to its transportation plans.
We request that you ensure that any transportation spending under a stimulus package meet certain principles, rather than just writing a blank check to the state. These principles should include:
1) Focus spending on needed maintenance and repair to our roads, bridges, and transit systems. For example, although Tennessee's infrastructure is in fairly good condition, over 1,300 bridges are estimated to be structurally deficient.
2) The other high priority for spending should be to improve and expand transportation options such as transit, freight and passenger rail, bicycling, and walking. These projects tend to create more jobs per dollar spent than do road construction projects.
3) Require all projects to meet environmental laws and regulations. TDOT is to be commended for compiling a list that it notes only includes projects that have completed all needed environmental studies; the economic recovery bill should nail down this commitment.
We appreciate your consideration of these critical issues and would be glad to work with you in any way to help promote a responsible economic recovery package.
Sincerely,
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CERTIFICATE OF NEED IN TROUBLE?
A Teleconfrence concerning the Certificate of Need for the Industrial Park/Business Park /Gas Station/ Motel/ Restaraunt or Whatever Cookeville and Putnam County Have in mind For The Fifth Interchnge/Highlands Business Park that was set for 27 JAN 09 has been cancelled. No new date is set. Hopefully, this shows that the Department of Economic and Community Development moving away from approval and at least trying to get some cover for what will be an unusual action of this state agency. The Department of Economic and Community Development has failed to answer questions about exactly how many Certificates on Need are denied each year or if one has ever been denied. Haywood County got a Certificate of Need for a 500 acre industrial park in spite of the fact that they already have a TVA approved 1720 acre Mega Site project!
Without this Certificate, there is no legal basis for the condemnation of private property. As a taxpayer advocacy group, TOUR appreciates the fact that the state is trying to lower expenses by teleconferencing but this decision causes problems with the state open meetings law. TOUR also appreciates the Department of Economic and Community Development even taking the time to have a committe take in evidence in spite of there being no legal basis for it unless somewhere in the plan is a secrete desire to build buildings with tax money. The city attorney, Dan Radar, has said in court that this property is the "lynchpin" of the project. Unfortunately, it was not explained how 12 acres could possibly be a lynchpin within a 325 acre development unless the income from that property was critical in carrying the cost of the rest of the Highlands Business Park. Obviously, some kind of valuable property has to be available to make up for the sinkholes and wetlands that are not capable of development. But, the city/county only wants to give sinkhole prices for high and dry land with road frontage. Apparently, the Building Finance Committee is a little concerned about the assurances given by the city and county attorney that there are no problems with the eminent domain abuse that is still going against the private property rights of Mrs. Faye Lynch. The city and the county have moved to use the power of government to seize the most valuable property, closest to what might or might not be the new Fifth Interchange. The Building Finance Committee has agreed to let the family lawyer speak at the Certificate of Need proceedings.
The City and the County seem totally oblivious to the fact that the state legislature pulled back powers that were in place in the post Kelo decisions of the Supreme Court on 05 JUNE 2006. The city attorney, Dan Radar, has told the judge that he has never seen a case like this and then went into his considerably long experience in matters like this , most of which is before the State of Tennessee changed the law. The reason he hever saw a case like this is because the legislature changed the law!
It is going to be a sensitive matter if this state agency issues a Certificate of Need on a project that is an illegal action. This law was passed overwhelmingly in both state houses. Hopefully, Kim Blaylock, the Putnam County Executive, will ask her mother, Senator Charlotte Burks about who sponsored the state legislation, who voted for it and what it says. This legislation, if followed, would have put a stop to a city or a county playing real estate developer with tax money on condemned property. Exceptions for roads, public housing and real industries were left in place but commercial operations are forbidden. The new law even contains language that forbids creative interpretations in order to gain more power.SEE THE LAW FOR YOUSELF
EMINENT DOMAIN CASE WITH SIMILARITIES TO THE COOKEVILLE EMINENT DOMAIN ABUSE CASE
ANOTHER EMINENT DOMAIN CASE WITH SIMILARITIES TO THE COOKEVILLE EMINENT DOMAIN ABUSE CASE
A THIRD EMINENT DOMAIN CASE WITH SIMILARITIES TO THE COOKEVILLE EMINENT DOMAIN ABUSE CASE
Click On The Button Below To Visit Institute For
Justice Eminent Domain Abuse Web Site.

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16:09 12/09/2008
TOUR HAS JOINED A NEW TAXPAYER ADVOCACY GROUP CALLED
REGISTERED SKEPTICAL VOTERS AND PETITIONERS
THE PURPOSE IS TO EXPLORE THE POSSIBILITY OF OPPOSING THE BUSINESS PARK INFRASTRUCTURE FUNDING THAT WAS ANNOUNCED THE WEEK OF 17 NOV 2008. THE GOAL WILL BE TO GET A REFERENDUM ON THIS BOND ISSUE AND FINALLY GET A PUBLIC POLICY DISCUSSION GOING THAT IS NOT CONTAIMINATED BY THE CHAMBER OF COMMERCE AND SHAMELESSLY SUPPORTED BY AN ALLEGED LOCAL NEWSPAPER
THIS SPACE IS TO BE USED TO INFORM THE PUBLIC OF REASONS WHY THE
BUSINESS PARK SHOULD NOT GET INFRASTRUCTURE INVESTMENT WITH PUBLIC MONEY BUT WILL ALSO BE HELD OPEN TO THOSE WITH DIFFERING OPINION. EVEN IF YOU THINK THE INFRASTRUCTURE CONSTRUCTION WILL WORK, TELL US WHY YOU WOULD BE AGAIST VOTING ON THIS POLICY.
THE PETITON BELOW IS A FIRST ATTEMPT TO GET CONSENSUS ON THE PETITION. CUT AND PASTE THE WEBSITE VERSION INTO A WORD PROGRAM, PRINT IT AND SEND IT TO YOUR NEIGHBORS AND RELATIVES ONLY IF THEY ARE REGISTERED PUTNAM COUNTY VOTERS. THE FONT CAN BE ADJUSTED WITHIN THE WORD PROGRAM TO SMALLER SIZES TO GET ALL EIGHT SIGNATURES ON THE PAGE.
WE ARE LOOKING FOR VOLUNTEERS TO ACCEPT PETITIONS IN THEIR BUSINESSES. IF YOU GET A PETITION IN THE MAIL PLEASE SEND IT BACK WITH YOUR STAMP ON IT. THE COST OF A STAMP WILL BE WELL WORTH IT IF IT WAKES UP THE COUNTY COMMISSION TO THE PUBLIC EXPECTATION THAT THERE SHOULD BE BETTER MANAGEMENT OF DEBT IN PUTNAM COUNTY.
SEND SIGNED PETITIONS TO:
REGISTERED SKEPTICAL VOTERS AND PETITIONERS
P.O. Box 3914
Cookevville, Tennessee, 38502-3914
15 DECEMBER 2008
CALL 931-432-5345 to join, volunteer or ask questions.
TALKING POINTS FOR THE DELAY OF INFRASTRUCTURE IN THE PARK
1. The number of jobs in the manufacturing sector is declining due to greater productivity. So far there is an inadequate explanation how providing a glut of floor space or land for floor space turns into industrial jobs.
2. The traditional means of financing infrastructure is to attach the cost to the product and spread it over the customer base. The city and the county can only spread costs to the people who are within their taxing jurisdiction.
3. Infrastructure can be built in a rather short time. Chattanooga seemed able to attract VW with only a fragment of the infrastructure that was left over from the old ammunition plant. An additional 1800 acres was bought that was not developed or furnished with infrastructure, thus proving that it is not a hard and fast rule that the only way to the next factory is to put in the infrastructure.
4. Infrastructure requirements are industry specific. Some need more power, water, gas and other utility services than others. Preparing for the worst case means installing more than needed. Clarksville recently got a Dow Corning plant that did not use the developed part of their Mega Site. Pre-built infrastructure was not required and the company seemed to have no problem with the provision of the infrastructure while the building is under construction.
5. The 50%-50% city-county partnership is unfair to the county because the county will be paying half of the cost but Cookeville, for the same half of the cost, will be getting the revenue from the gas, electricity and water. The cost of providing utility infrastructure is built into the meter price. The city therefore gets a double dip by paying only half of the cost up front and getting back all of it over time. The city also has a bigger budget and tax base than the county and therefore has the greater ability to pay.
6. The plan to buy the property low at $15,000 per acre and to sell high at $50,000 is flawed because the historic rate of increase in the average cost of Putnam County industrial property as tracked by the Comptroller Generals Office is 2.36 percent per year. At this rate of increase, there will be a 51.6 year wait before the land naturally acquires that value. The originators of this business plan need to expose what they are depending upon to provide a greater than normal growth in the value of industrial/commercial land.
7. A random sample of sites that do advertise an asking price places shows that 77 percent of properties are below $50,000 per acre. This is a combination of properties with and without infrastructure. Volkswagen was able to get their site, with Interstate access already there, at less than half of the proposed price that the City of Cookeville and Putnam County has already paid.VW AGREEMENT
8. There are over 1200 empty industrial sites all over the state of Tennessee. There are at least 41 in Putnam County. We already have more than our fair share on a per county basis. GET THE LATEST COUNT HERE
9. Mission Creep is a big problem. This started out as a 400 acre industrial park. After it was surveyed, it shrunk. After it was designed, the useable space dropped to 225 acres as 45 five-acre plots. A large part of the property was below the flood plain and nothing was mentioned about the cemetery, the sinkholes and pond. The latest legal notice of the intention to borrow money for the infrastructure mentions the need to borrow for additional land purchases.
10. Past efforts to bring industry to Cookeville have failed to overcome the national and international pressures that make service sector jobs more available in the economy. The so-called Highlands Initiative, if it worked, would restore only half of the jobs lost in Putnam County in the last ten years. In spite of the economy, the job creation in all combined sectors has been positive. In Putnam County, the increase in Personal Income for the county has also been positive in spite of the lost jobs.
11. Putnam County already has a high per capita debt compared to its per capita personal income. In 2007 Putnam County ranked number 23 out of 95 counties in per capita debt. This was next to and behind Knox County in per capita debt. Thirty eight other counties in Tennessee carry less than half of the per capita debt already established in the 2007 Audit report for Putnam county.
12. The business plan is largely a secret and attempts to get a copy of it from the state were rebuffed. There seems to be a lack of critical information that would allow competent people to evaluate it. The details that have leaked out seem to indicate that there is a lack of appreciation for the time value of money. After spending $5 million for the land and spending $14.28 million for the infrastructure, the county and the city must either arrange for a flow of tax money or a cash flow associated with the purchase of lots or leases. A simple mortgage calculator found in numerous places on the internet gives a rough idea of the cash flow needed to finance $19.28 million dollars over the 40 year maximum length of time allowed by state law. The annual payment would be $1.12 million dollars per year if figured at 5%. The property tax dedicated to economic development is roughly a third of a million dollars per year.
13. A survey of the average cost of existing rental space shows that there is very little incentive to build a new building unless there are extraordinary specialized needs like an ultra-clean environment. Most existing and unused industrial buildings in Tennessee can be rented for less than $5.00 per square foot per year. The cost of building the same structure would be between $80 and $90 per square foot. Lower cost could be obtained by going to metal buildings but according to the Cookeville City Council, this is going to be a high-end park. If someone bought a building at $80 per square foot, the yearly payment at 5% interest over 20 years would be $6.42 per square foot per year.
14. The insistence that there is a need for visibility for manufacturing sites is not believable. It is roadside service industries like gas stations, motels and restaurants that need Interstate visibility. Many industries that are along the interstate are visible because they are coincidentally built while being close to half way between interchanges. The value of land between interchanges often sags or stabilizes while land near the interchange doubles several times over. High cost land and buildings only make the products that are manufactured more expensive and less able to compete.
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INDUSTRIAL PARK INFRASTRUCTURE BOND ISSUE PETITION
We the undersigned citizens and registered voters of Putnam County, Tennessee protest the issuance of any general obligation, revenue, inter-fund transfers or self financing or other legal debt mechanisms that may be formulated by Putnam County or the City of Cookeville for the purpose of raising money for infrastructure or buildings on the new Business Park Business.
Furthermore we request that any and all future expenditures on the property bounded on the east by Holladay Road, the west by Bennett road, the north by Lee Seminary Road and the South by I-40, be subject to a public referendum during a regular two year cycle of federal elections.
SIGNATURES of REGISTERED VOTERS of PUTNAM COUNTY
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1- ONLY registered voters of Putnam County may sign a petition.
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2- You MUST sign only for yourself. No one may sign for someone else.
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3- You may sign ONE time on ONLY one petition
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4- Fill in ALL blanks taking care to write clearly.
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5- Name and address should match voter registration card.
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6- All addresses must be street addresses, no P.O. Boxes.
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_______________________________
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_______________________________
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1. Sign Here _______________________________
Print Here ________________________________
Street Address _____________________________
City/State/Zip _____________________________
3. Sign Here _______________________________
Print Here ________________________________
Street Address _____________________________
City/State/Zip _____________________________
5. Sign Here _______________________________
Print Here ________________________________
Street Address _____________________________
City/State/Zip _____________________________
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2. Sign Here _______________________________
Print Here ________________________________
Street Address _____________________________
City/State/Zip _____________________________
4. Sign Here _______________________________
Print Here ________________________________
Street Address _____________________________
City/State/Zip _____________________________
6. Sign Here _______________________________
Print Here ________________________________
Street Address _____________________________
City/State/Zip _____________________________
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BOND PETITION MAILER
VERSION ONE
02 DEC 2008 2008
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No action by federal, state, county or city government has been shown capable of reversing the loss of industrial jobs in the state of Tennessee or the nation since 1979. It is folly to take up local tax money to challenge what is an international problem and possibly duplicate what the federal government is already doing. Putnam County already has a very high per capita debt that ranks just behind Knox County. In 2007 it was calculated to be $1479.50 per person based on the 2000 population. There are 38 out of 95 Tennessee counties that carry half of our per capita debt.
There are already 41 commercial or industrial properties, many with infrastructure in place, in Putnam County. Building another Park with 45 five-acre lots only adds to the glut of industrial real estate. According to the Tennessee Comptrollers Office the average annual increase in industrial property value assessments from 1999 to 2007 in Putnam County was only 2.36% per year. Yet the Chamber's business plan is to sell these new lots at $50,000 per acre after paying approximately $15,000 per acre. If the industrial property rises in value at 2.36% per year it will take 51.6 years for these lots to be worth $50,000 per acre.
There are at least 239 Tennessee industrial parks within 100 miles of the new VW plant they won't even hire the first worker until 2011. There are at least 104 industrial sites within 100 miles of the new VW plant in Alabama. There are no less than 40 sites within 60 miles of the new VW plant in Georgia. The state of Tennessee has signed an agreement with VW promising not assist any competitor to VW within 100 miles of Chattanooga from 13 NOV 2008 until two years after the day they start VW production. The VW agreement has damaged our ability to fill this park with competitors to VW and this business park is so far away that transportation costs will be a burden relative to closer opportunities.
The plan to provide infrastructure to this park is a drastic departure from traditional government functions. Public safety, education and transportation should be priorities, not buying and developing speculative real estate. There are already 1259 industrial sites all over the state of Tennessee waiting to be the next factory and the total area is over 84 square miles. These numbers of speculative sites are growing at an alarming rate while the numbers of manufacturing jobs are declining since 1979 at about 2.7 per cent per year. According to Bureau of Economic Analysis statistics, Tennessee has been losing manufacturing jobs from 2001 to 2006 at a rate of 2.40% per year and Putnam county over the same period lost manufacturing jobs at an annualized rate of 4.0% per year. Even though George Halford claims that we are in the best position to make gains, it seems that we are not making those gains and are below avearge for the state.
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THE LETTER THE COUNTY COMMISSION DOES NOT WANT TO SEE
MRS LYNCH'S DAUGHTER IS REFUSED THE PODIUM TO SPEAK AGAIN
17 NOV 2008
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November 17, 2008
To: Putnam County Commissioners
From: Linda A. Owens and N. Faye Pyles Lynch
Re: Proposed Business Park
I hope that I will be able to speak to you this evening to voice my concerns about the misuse of eminent domain/condemnation by Putnam County and the City of Cookeville of property for the proposed Business Park. But, since this Commission has in the past limited my mother, Faye Lynch, and/or me to three minutes and because your attorney, Jeff Jones, has cut us off from speaking for even that amount of time, I felt it necessary to put my concerns in writing. I also want to clarify that my attorney has assured me that there is no legal basis for Mr. Jones to stop my family from speaking to you. My family has the right to seek legal representation to keep you from taking our private property and that does not give you the right to silence us or impede our freedom of speech.
My concern this evening is your possible use of eminent domain/condemnation of even more property prior to your receiving the Certificate of Public Purpose and Necessity.
T.C.A. 13-16-207(f) states in pertinent part:
Before a city or county may undertake to exercise the power of eminent domain for development of an industrial park, it must obtain a certificate of public purpose and necessity as provided in subsection (1), even if no funds will be borrowed for the project…
The latest drawing by your architectural company, BWSC, shows two road additions/extensions that will take private property. There is at least one home and private land across from Cane Creek Road as well as land and possibly a home for the straightening of Lee Seminary Road. As the straightening of this road was not fully discussed at the open meeting, it may or may not be part of the business park and therefore may or may not be included in the certificate application; however, a formal entrance to the business park from Burgess Falls Road was alluded to by County Executive Kim Blaylock.
I also want to bring to your attention that neither the city nor county is given the right to take property for the building of the 5th interchange and that my family's northern 12 acres are not in the proposed business park. And, as the grey areas on the architect's map drawing you were given illustrate, there will be a large amount of privately held land within this business park…unless, of course, you are planning to condemn all the property within Holladay Road, Bennett Road, Lee Seminary Road, and I-40 when (and if) you obtain the Certificate of Public Purpose and Necessity.
I am asking that this Commission not allow further abuse and misuse of eminent domain to take private property until you have the required certificate.
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RETURN TO TABLE OF CONTENTS LINKS
TDOT to Try Own Stimulus, Take Bonds to Do it
via WPLN Newscast Stories by Blake Farmer on 11/18/08
The state Department of Transportation may deviate from its historical policy of pay-as-you-go and take out 350-million dollars in bonds to help stimulate the economy. At the governor’s budget hearings today, transportation commissioner Gerald Nicely said he wants to issue “garvee” bonds.
“Garvee” stands for Grant Anticipation Revenue Vehicle. Commissioner Nicely says he wants to take out bonds against an annual stream of 40-million dollars from the federal government. That money is meant to fund repairs for some 300 bridges in the state. Nicely says the bonds would allow the work to begin now.
“We could in effect eliminate about 65 to 70 percent of those structurally deficient bridges in two-and-a-half to three year period. We’d have them either under construction or completed. And yes indeed, it would obviously provide a lot of jobs.”
Governor Phil Bredesen says he supports the bond proposal and acknowledges the break from policy. It would take legislative approval. Bredesen also says he’s confident the state would find buyers for the bonds since federal money would back them.
Some in Congress are proposing an infrastructure stimulus on the federal level. TDOT expects the state could receive some 268-million dollars for road projects if such a bill passes. Chief Engineer Paul Degges says the department has a list of projects ready to go if the money comes down. :20
WEB EXTRA:
At least 22 states including New Jersey and California have used GARVEE bonds, which are relatively new to infrastructure financing. In Tennessee’s case, the state would pay them back over a 12 year period. But increasingly, the credit markets have become an issue. As recently as October, the Idaho DOT delayed a $116 million GARVEE bond sale scheduled for this month to wait out the credit markets.
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RETURN TO TABLE OF CONTENTS LINKS
TDOT EXTENDS COMMENT PERIOD ON I-40/I-81 UPGRADE
LETTER FROM RIC FINCH IS BELOW
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CARA Members and Friends,
Just got back a few days ago from three weeks in Guatemala, so this
notice is overdue! My apologies.
TDOT has extended until Nov. 30 the comment period until for their I-40 /
I-81 study and plans. If you have not already sent in your comments,
please don't fail to do so, and remember CARA's recommendation is that TDOT
put more funding into rail piggyback transport across Tennessee to reduce
the truck volume on these interstate highways.
TDOT predicts truck volume on the I-40 / I-81 system to DOUBLE by 2030. Do
you want to drive to Nashville or Knoxville in that kind of mayhem?
TDOT has considered redeveloping rail connections between Cookeville and
Crossville, to create a direct rail connection completely across the state.
Estimated cost to create this statewide connection: $1.2 billion dollars.
To find out more about TDOT's plans,
click here
Also here
Looks like TDOT is favoring the widing various section of I-40 from 4 to 6
lanes, and building truck climbing lanes in various localities (including
Putnam Co.).
I do not think they have put enough emphasis on the development of the rail
option, which would be a much more energy efficient (and therefore
environmentally friendlier) way to carry trucks across our state.
To send in your comments, use one of these addresses:
>> "TDOT is accepting comments on Technical Memorandum #4, the draft final
>> report, through November 30, 2008. Email your comments to
>> TDOT COMMENTS or RALPH BARNES
Please don't let this opportunity to exert some influence on how TDOT
deals with the growth of traffic on I-40 / I-81 pass by without comment.
Happy Thanksgiving to you all,
Ric
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RETURN TO TABLE OF CONTENTS LINKS
CENTER HILL RPO MEETING 14 NOV 2008
FIFTH INTERCHANGE PUSHED BACK TO 2010
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PRIORITY SELECTIONS
Of all of the RPO meetings, the most
dreaded days are those with rankings as their primary purpose. The
process was made slightly more understandable this year by switching to
an alphabetical map identifier system. In the future it will look like
the projects are multiplying, but they will only be getting smaller as
they are broken up into smaller segments that are less than 10 miles
long. Once again it was discovered that ranking something high on
the list has no influence and makes little difference in exactly when a
project gets built. Projects on the list were placed by the year they
are ready for funding. There was an attempt to look on the bright side
of the predicament by hoping that the project, once placed in queue,
would eventually be built but no one could predict when that would be.
The legislature was implicated in some of the problems since they do
not want to set aside money for something that is not going to happen
in the same year.
One of the more interesting excuses
for a project jumping queue was the phenomenon of local money or
engineering that could go toward a project. A project in Crossville was
cited as being in that category. Clyde Cramer was quite insistent upon
getting a better explanation for the delay of the Firetower Road /
SR101, project, letter L. He is frustrated because this project seems
to have everything ready to go including the plans since 2002 and was
pushed down the list to 2011. Later, as a protest to the process, Mr.
Cramer would vote "no" on the new rankings in the 2010 rankings.
FIFTH INTERCHANGE / MINE LICK CREEK INTERCHANGE
The first thing that was mentioned
was the push back of the Fifth Interchange. The project manager,
Chester Southerland, brought forth an explanation that places the
responsibility on local unnamed officials for pushing back the project
until 2010. I suspect if some of those officials were mentioned,
RPO members would find out that their opinion ranks well below those of
unelected Chamber of Commerce members.
If local money can grease a
project, then it could be that the local officials in Cookeville and
Putnam County would not be eager to pile on any more cost to the
Business Park after spending $5 million for the land and receiving an
estimate of $14.28 million. If James Mills knew anything about this, he
did not betray it with any body language and seemed to be as surprised
as anyone else that the project had slipped. This leads one to believe
that the reason for the slippage was that the state does not want to
prepare a document that could be used by the attorney for Mrs.
Lynch that would also show that there was excess property taken that
could be partitioned and given to Mrs. Lynch as her 20% of the
ownership that would fall outside of the boundary of the park.
SLIGO BRIDGE CONCERNS
Another factor in the changing priorities
was the impending repair of the Sligo Bridge. Even though there was an
attempt to obtain an earmark from both senators and the local
congressman, there is no earmark in the year 2009 for this bridge.
Nothing makes the prioritization process seem more random than the
inability to get this bridge fixed. This bridge should have been
scheduled for replacement, not presented as an emergency.
Twenty trucks per day cross that bridge
with solid waste going to the land fill. Six hundred people a day
depend upon this bridge to get to work. For the first time, it was
mentioned that there are people who rely upon this bridge and UCARTS
for timely access to medical care. The additional 57 miles around the
bridge would be difficult not only for two school buses but the bridge
also is a source of tourism dollars. This is the only road out of
Dekalb County that goes east. Even with this bridge deck
repaired, it would only add ten years to the service life to the
bridge. The superstructure of the bridge would be at the end of its
service life because of metal fatigue.
NEW RPO CHAIRMAN ELECTED
James Baird, the current chairman of the RPO, is moving on to a transportation planning job in Chattanooga. James Mills was elected as the new chairman. Mike Farley was selected as the Vice Chairman.
PUBLIC COMMENT
The preferred solution on the Sligo Bridge is
to get another 10 million dollars in earmarks to build a new bridge. It
seems that TDOT is not going to build that bridge without an
earmark.
Comments on the I-40/I-81 upgrade were
presented by the Tour Editor that were consistent with comments sent to
TDOT and published in the TOUR web site.
George Adcock made a comment about
communities banning dangerous cargo traveling via rail through their
communities. This has interesting implications on the viability of
moving chemicals via train but also provides an incentive to transport
via truck or pipeline. No means of transport is risk free. Mr.
Adcock did not mention that there was a derailment in Baxter a few
years ago that caused evacuation of people near the tracks. It was a
propane tanker that caused the concern that time.
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FIFTH INTERCHANGE TIMELINE
30 SEPT 1988 Herald-Citizen Reports that Vice
Mayor Grogan expects Fifth Interchange by the year 2000. Estimate for
the interchange is $1 million. The estimated cost of extending Gould
drive to the industrial park is $500 thousand.
03 DEC 1998 Cookeville City Council asks TDOT
to perform a feasibility study on constructing fifth interchange on
I-40 at Mine Lick Creek Road. SPONSOR-JIM SHIPLEY
01 APRIL 1999 The Cookeville City Council asks
TDOT to study the Maple Avenue flyover at I-40 as the new Fifth
Interchange.
25 OCT 2000 TDOT dates the Interschange
Justification Study for Federal Highway Administration Review as part
of Corridor J intersection at Mine Lick Creek Road.
20 MAY 2002 Cookeville proposes to move the
city limits to the vicinity to surround the Fifth Interchange
21 JUNE 2002 TDOT Advance planning report on
the Northern Connector
15 JULY 2003 Tennessee Comptroller of the
Treasury releases report to the legislature with reccommendations for
objective system of project selection.
AUG 2003 Final Report of Independant
Investigation Sanctioned by TDOT. Studies selection process of 15
problematic road projects in Tennessee, Mine Lick Creek Road is one of
them.
24 FEB 2003 City of Cookeville approves
alternate "A" as Phase I Councilman Sam Sallee asks that The Northern
Connector be Considered as Phase II.
22 AUG 2005 City of Sparta, in White County, throws in $50,000 for the Highlands Iniative
22 SEPT 2005 Herald-Citizen reports Highlands
Initiative Kickoff with $2million.
OCT 2005 State Transportation Improvement Plan
Shows Project #71005 "Construct New Interchange at Mine Lick Creek
Road" ROW acquisition marked for 2006 and construction marked for 2008.
See Adobe Page 41/99. Estimated Cost is $10.3 million.
DECEMBER 2005 TDOT Provides explaination of the
Project Evaluation System.
21 JAN 2005 City of Cookeville announces taking an option on property to be in future industrial park. Mayor Doubts that Fifth Interchange will be built. Sam Salee says more industrial properties needed.WARNING! HERLD CITIZEN VERSION OF THE TRUTH
23 MAR 2003 TDOT report reccommends using SR
111, not Mine Lick Creek Road for Corridor J intersection with
I-40.
24 MAY 2006 Tennessee Legislature removes
protection from land owners when government acts to build roads or
build industrial parks. Bill allows transfer of property to private
concerns. Charlotte Burkes listed as a sponser.
29 JUNE 2006 Putnam County loans Cookeville
$2,452,685 for their share of the Business Park.
14 DEC 2006 TDOT Signs the Environmental
Assessment FHWA concures later on 18 APRIL 2008. The connecting road is
to have a design speed of 70 MPH and 250 foot wide controlled access
right-of-way.
05 JUNE 2006 Tennessee Governor signs bill
limiting the ability of the state, county and city to condemn property.
PDF FILE HERE
16 JAN 2007 County Commission votes to listen to
Mrs Lynch's side of the story and votes down condemnation request.
05 FEB 2007 Center Hill Regional Planning
Meeting votes on transportation projects
06 MARCH 2007 TDOT Holds a public Meeting on the
Fifth Interchange
29 JUNE 2007 $5 million transferred out of Putnam
county Debt Service Fund to by 400 Acre Business Park.
01 NOV 2007 Condemnation of Pyle Property on the
City Council Agenda. The vote was unanimous.
12 NOV 2007 The County Planning Commission in a
voice vote decides to condemn the Pyle Property.
13 NOV 2007 The Cookeville Chamber of Commerce
Refused Tour Editor Access to Engineering Report on the Highland
Business Park.
14 NOV 2007 The Chamber of Commerce called a
little after 5 PM to advise the Tour Editor that they had prepared a
copy of the report that is being used to justify the condemdation of
the Pyle Property and that it would be available at the front desk.
12 FEB 2008 The Sheriff Served Mrs. Lynch a
summons this morning to initiate the condemnation process on her land.
17 MAR 2008 The City and the County ammend their
condemnation suit. This will push back the court date into April 2008.
17 MAR 2008 The Herald-Citizen quotes TDOT
spokesperson Jenifer Osborne Flynn as saying that the Fifth Interchange
and the Northern Connector are "non related." This suggests that the
useless road attached to the interchange can be built later.
18 APRIL 2008 Federal Highway Adnistration,
Charles J O'Neil, signs Finding of No Signifigant Impact Statement For
Mine Lick Creek Interchange Road And Northern Connector Road.
25 APRIL 2008 THE LYNCH FAMILY ANNOUNCE THAT THE
COUNTY AND THE CITY HAVE WITHDRAWN FROM LEGAL ACTION TO PRESS THEIR
OUTRAGEOUS EMINENT DOMAIN ABUSE UPON THE LYNCH FAMILY
01 MAY 2008 TDOT puts up a partial electronic copy
on their web site of the FONSI. This describes the staged construction
of the connecting road from two to four lane but on a four lane
right-of-way.
08 MAY 2008 The Lynch Family files a petition for
Partition in Kind in Circuit Court. Attorneys ask for legal costs and
damages.
09 MAY 2008 Herald-Citizen prints Finding of No
Signifigant Impact or FONSI claiming that the Northern Connector and
the Fifth Interchange are Connected.
18 JUNE 2008 The City Attorney suddenly discovers
that he has to go on vaction on the same day that the City and County
are scheduled in court to continue their campaign of eminent domain
abuse. The Judge rescheduled the next court date to 21 JULY 08.
03 JUL 2008 City announces on the radio that they
are paying $16 million to the Upper Cumberland Electric Membership
Corporation to compensate them for land annexed in the past few years.
21 JUL 2008 Judge Turnbull permits the city and
the county to witdraw from their previous motion to withdraw from the
suit. The judge further suggests that the two parties settle the matter
out of court in a judicial confrence in November. The Judge allows
further delay, until next year for the city and the county to obtain a
Certificate of Public Purpose.
03 OCT 2008 The Herald Citizen reported
that The city of Cookeville and Putnam County are seeking a certificate
of public purpose and necessity from the state Building Finance
Committee of the Tennessee Board of Economic Growth. The Cookeville
City Council approved a resolution authorizing City Manager Jim Shipley
to apply for the certificate during its meeting Thursday.
09 OCT 2008 the Cookeville City Council
applies to the Building Finance Committee of the
Tennessee Board of Economic Growth for a certificate of public purpose
and necessity for the proposed Highlands Business Park."
14 OCT 2008 County Planning Commission
approves petition for Certificate of Public Purpose and Necessity at
the regular meeting. Kim Blaylock announces that the Business Park is
on a "Fast Track." Linda Owens was denied chance to speak at the County
Commission Meeting.
23 OCT 2008 The Lynch Family Attorney, Bob
Anderson's Appeal to alter the discretionary finding by Judge Turnbull
earlier in the year was denied. The Judge also denied a request that
the money held in escrow be held in an interest bearing account.
14 NOV 2008 Centerhill RPO moves Fifth
Interchange back down to 2011/2012 time frame after voting 11 projects
ahead of it in 2010. Project Manager states that this was at the
request of local officials.
17 NOV 2008 The county Commission agan refused Linda Owens a spokesperson for Mrs Lynch and the family to address the county commission or accept a written summary of her intended remarks. A resolution to issue general Obligation bonds was passed for the county portion of the $14.28 million of infrastructure costs.
20 NOV 2008 The Cookeville City Council approved a resolution to move forward with a PILOT program of tax incentives and to issue General Obligation Bonds to fund the $7.2 portion of the work in the Business Park. The City Council voted to pay the consultants for their work on water, sewer, gas and road design in the new park.
03 DEC 2008 The city of Cookeville let it be know publicly that contacts with TDOT have been made that suggest that use of connector road that was approved by FHWA and shown to the public in the public meetings could be elimiminated and instead, they wanted a road built by the city and the county to be considered as the connector road. The connector road in the original design was originally designed as a four lane that was part of the Corridor J project. It also was a fragment of a half loop around Cookeville that went from SR111, south of Cookeville to SR111 North of Cookeville.
8 DEC 2008 Recently elected state Representative Henry Fincher criticizes the City of Cookeville for lobbying TDOT to alter the plan for the Fifth Interchange.
27 JAN 2009 City of Cookeville and County Officials request secret meeting with the Department of Economic and Communbity Development to discuss their application for a Certificate of Need.
05 MARCH 2009 Cookeville and Putnam County get certificate for ian industrial park and a business park for a reduced footprint of about 290 acres. This excludes land under contention because of the partition and condemnation suits.
.
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CONTACT YOUR TENNESSEE
STATE TRANSPORATION OFFICIALS
House Committee on Transportation
Representative
Phillip Pinion, chair ( D - Union City, District 77 - Obion, Lake,
and part of Dyer counties)
Representative
George Fraley,Vice-Chair ( D - Winchester, District 39 -
Franklin, Moore, and part of Lincoln counties)
Representative
Bill Harmon, Secretary ( D - Dunlap, District 37 - Sequatchie, Van
Buren, Grundy, and Marion counties)
Representative
Curt Cobb ( D - Shelbyville, District 62 - Bedford and parts of
Lincoln and Rutherford counties)
Represenattive
Vince Dean, (R - East Ridge, District 30 - Part of Hamilton County
)
Representative
Henry, The Fifth Interchange, Fincher D - (Cookeville, District 42
- Most of Putnam County)
Representative
Dale Ford (R - Jonesborough, District 6 - Part of Washington and
Hawkins Counties )
Representative
G. A Hardaway, (D - Memphis, District 92 - Part of Shelby County,
Midtown and Inner City Memphis; Communities of Orange Mound, Rozelle,
Bethel Grove, Glenview, Magnolia, Copper-Young and Lamar/Parkway
corridors, part of Binghampton.)
Representative
Mathew Hill, ( R - Jonesborough, District 7 - Part of Washington
County)
Representative
Curtis Johnson, (R - Clarksville, District 68 - Part of Montgomery
County)
Representativ
e Phiillip Johnson, (R - Pegram, District 78 - Cheatham and part of
Montgomery and Williamson counties.)
Representative
Debra Maggart, (R - Hendersonville, District 45 - Part of Sumner
County)
Representative
Jimmy Matlock, (R - Lenoir, District 21 - Parts of Loudon and
Monroe
counties.)
Representative
John Tidwell, (D - New Johnsonville, District 74 -
Houston, Humphreys, Perry, and parts of Hickman and Maury
counties.)
Representative
Nathan Vaughn, (D - Kingsport, District 2 - Part of
Sullivan County)
Representative
Eric Watson, (R - Cleveland, District 22 - Meigs, Polk and part of
Bradley counties)
Representative
Ben West Jr. (D - Hermitage, District 60 - Part of Davidson County
- Donelson, Hermitage and Antioch Communities)
Represenata
tive Leslie Winningham (D-Huntsville, District 38 - Clay, Jackson,
Pickett, Scott and parts of Anderson counties.)
You can find all bills, fiscal notes, bill histories and
co-sponsors, U.S. mail legislative and district office addresses and
streaming video of committee and subcommittee meetings HERE
RETURN TO TABLE OF CONTENTS LINKS
SENATE TRANSPORTATION COMMITTEE:
Senator Jim
Tracy, Chair - R - Shelbyville
District 16 - Bedford, Moore and part of Rutherford counties
Phone: 615-741-1066
Staff Contact: Judi Butler and Clint Hall
Senator
Jack
Johnson, Sec. - R - Brentwood
District 23 - Williamson, and part of Davidson Counties
Phone (615) 741-2495
Contact: Catherine Haire
Senator
Jerry
Cooper - D -Morrison
District 14 - Franklin, Bledsoe, Coffee, Grundy, Sequatchie, Van
Buren, and Warren counties
Phone (615) 741-6694
Staff Contact: Christina Barber
Senator
Doug
Jackson - D - Dickson
District 25 - Dickson, Giles, Hickman, Humphreys, Lawrence, and
Lewis counties
Phone (615) 741-4499
Fax (615) 741-8745
Staff Contacts: Kim Andrews
Senator
Rosalind Kurita -I - Clarksville
District 22 - Cheatham, Houston and Montgomery counties
Phone (615) 741-2374
Toll Free (800) 449-8366 Ext. 12374
Staff Contacts: Pamela George and Andrea Smith-Hummel
Senator
Steve
Southerland R - Morristown
District 1 - Cocke, Greene, Hamblen, and Unicoi counties
Phone (615) 741-3851
Staff Contacts: Carolyn Newman, Loudene Gee
Senator
Micheal Williams - I - Maynardville
District 4 - Claiborne, Grainger, Hancock, Hawkins, Jefferson, and
Union counties
Phone (615) 741-2061
Staff Contact: Rosalyn Martin
Senator
Jamie Woodson - R - Knoxville
District 6 - Knox County
Phone:(615) 741-1648
Staff Contact: Pat Farmer, Alexanderia Honeycutt
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YOU MIGHT HAVE A USELESS ROAD
IF...
1. The road cost more money than it could ever hope
to generate in taxes in a lifetime.
2. The local Chamber of Commerce says it will be good
for the economy
3. The Chamber of Commerce organizes a pilgrimage to
the Governor's office to tell him that everyone wants it.
4. The local paper tells everybody that if you don't
want it your are a NIMBY
5. The local Chamber of Commerce is telling everyone
that we have to do this because everyone else is doing it too.
6. The local Chamber of Commerce is claiming that we
have to do this to get ahead of everyone else who isn't doing it.
7. TDOT says that it will cure the traffic
problems.
8. TDOT says it won't cure the traffic problems.
9. The Chamber of Commerce claims that it will be
good for the quality of life.
10. The Chamber of Commerce says it will help get the
next factory
11. Your State Representative just thinks you are
against it because of a pre-existing oppositional character flaw.
12. The Chamber of Commerce is in secret negotiations
with the next whiz-bang company that only needs this road to make the
whole deal come together.
13. TDOT is building a four-lane road when a two-lane
would still have a high life cycle service level.
14. TDOT is building a road that will damage your
business but does not go through your business. (No blood, No
foul)
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