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No vote doesn’t sit well with Pineville Council
by ANTHONY CLOUD
Staff Writer
May 16, 2012 | 12396 views | 23 23 comments | 4 4 recommendations | email to a friend | print

PINEVILLE — The no vote from the Bell County Tourism on use of the restaurant tax for the hotel project in Pineville did not sit well with Mayor Sherwin Rader and members of the Pineville City Council.

At Monday’s meeting of the Pineville Council, Mayor Rader addressed the hotel project issue. This was the first council meeting since the tourism commission voted down the use of the restaurant tax for the hotel project. Rader told the council that she, Middlesboro Mayor Bill Kelley, and Bell County Judge Executive Albey Brock went to the meeting to present their side of the story.

Rader said that they took five legal opinions (which included the Kentucky League of Cities and Kentucky Association of Counties) with them that day, but it was still voted down. The meeting was only allowed to last one hour.

“We (as far as the city itself goes) have no authority to change that (decision),” said Rader. “We have no ability to say how our money is spent, suggest how it is spent, or put anyone on that (tourism) board. (The tourism board) has total, complete authority as far as that project goes to vote it up or down.”

Rader added that she did not understand how one has the ability to tax the people, but have no ability to say how the money is spent or put anyone on the board that spends the money.

“If it’s not taxation without representation, I don’t know what is,” said Rader.

Rader also discussed the press conference that was called by Brock and Kelley. She talked about how Brock and Kelley removed three members from the board after looking at the statues for the tourism commission, which got a “kudos” from councilman Tuck Woolum.

Rader stated that the hotel project is far too important to just accept no and walk away from the issue. According to Rader, this project would provide jobs, promote tourism, and promote the county.

“They call themselves a tourism commission but they don’t want to do anything for tourism, especially in Pineville,” said Woolum.

If the hotel project passed, the tourism commission would receive a hotel tax (room tax). Rader stated that the citizens need to call the tourism commission and give their opinion about the project.

It was also decided that there will be an admission fee for adults to use the Pineville City Pool this year. The council voted to put a $2 entrance fee for anyone that is not in school. Children age 6-years and under will be admitted free, as well as students in grades one through twelve, and college students with a valid ID.

The council voted this way because of some loitering problems that were voiced last year. It was also stated that if a child cannot swim then they will have to be supervised by an adult.

The date for the pool opening has not been set, as there has to be several different inspections before the city can open it. Officials, however, estimate that it should be open at some point next week, which is two weeks earlier than last year.

The council also talked about the new ADA regulations that is causing a stir for public pools across the nation. The new regulations require all public pools to have a chair lift or ramp for disabled children and adults.

As of now, the deadline for enforcing the new regulations is May 21. The deadline may be extended until June, but nothing is for certain, according to Pineville City Clerk Ina Robbins.

“If you have it (the pool chair lift) on order then you’re good to go because there is a backup. The manufacturers have not been able to manufacture these lifts fast enough to get them to all the pools in the United Stated,” said Robbins.

Robbins stated that they had received a quote from Tipton Pools on a chair lift. The quote was for around $10,000. Robbins stated that there was some money that had been saved for events, but the money will most likely go toward the lift.

JoAnna Foley gave a main street update during the meeting. Main Street Pineville is starting the summer concert series in June. There was also discussion about starting a movie night, which would be held on the courthouse square.

Foley discussed the possibility of having a “fit fun in the sun” event at some point in the upcoming months using the new workout equipment at the mini park on Walnut Street.

The council also approved the second reading of an ordinance that changes the time and day that Main Street Pineville meets. Main Street will now meet on the first Monday of each month at 5:30 p.m.

The council approved the closing of Pine Street and half of Walnut Street for the Kentucky Mountain Laurel Festival, which is set for May 24-26. They are also looking to close some of the parking in the downtown area during the festival for safety reasons.

The council approved the minutes from the previous meetings.

At the end of the meeting, the council went into executive session to discuss a CSX letter in regards to repair charges that could involve possible litigation.



Comments
(23)
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SawwBriar
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May 19, 2012
I am back. I think this is a bunch of crap. I also think that there is some kind of conspiracy behind this. Brian, I took it upon myself to visit your page by the way.
Sawbriar
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May 19, 2012
It appears our young Mr. "O'Brien" had some more urgent business to attend to. Like asking Albey what to say next?
BrianO'Brien
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May 19, 2012
Don't know about the young part, obviously you can't seem to get the basics correct. I have been involved in several community events and running a radio station as well as trying to promote this area and not hinder progress as some would portray on this issue. SB I finally figured out your agenda and think it's sad given your current stature in the community. Anyway, the information is on the way, but I also have a life outside answering "anonymous" posters. I stand by my invitation to speak with anyone on a face-to-face basis. Still holding my breath.
Sawbriar
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May 19, 2012
Just going by what I read in the paper. You know unreliable the media can be. There's an agenda alright but it isn't about you or me. I prefer going directly to the source. Not that I couldn't give your ratings quite a boost but that would cost you.
BrianO'Brien
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May 17, 2012
Answers, fine. But if you don't agree with the findings, don't cry politics or unfair treatment. Just for the record the funding was NOT for the 14 million. Due diligence has been going on for over 7 years. This is not a new issue.
Sawbriar
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May 17, 2012


"If the bonds were issued, Johnson would have been required to issue an opinion to the people that put up $14.3 million to invest in the community.

Read more: The Middlesboro Daily News - Hotel project denied for now"

Direct quote.

Has the Tourism Board been kept up to date for 7 years? They have their own Due Diligence to worry about - as those new members will soon learn. You don't just take the word of someone else about THEIR due dilegence.
Sawbriar
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May 17, 2012


"The financing of this project will be provided by the issuance of approximately $13 million in taxable revenue bonds and the issuance, by the City of Pineville, of approximately $1.3 million in taxable general obligation bonds.

Read more: The Middlesboro Daily News - Rader signs memorandum of understanding for Wasioto Hotel and Resort"

So what's the deal on these bonds?
Sawbriar
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May 17, 2012
O'Brien, are you having to check with somebody before you answer?
CivilServant
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May 17, 2012
Sawbriar, I did ask a question of someone else after I wrote the above remarks. Actually, I have been more of an observer than real close to the action that's taken place, and the "facts" as I know them came from what has been published in the MDN. Those facts appear to me like the pieces of a jigsaw puzzle that are spilled out of a can and have to be put together. Some of the pieces don't seem to fit.

Someone who is closer to what's happening told me that the promoters at the meeting - the judge and mayors - were pushing too hard, too fast, and the other side needed a little more time for studying all the ifs, ands and buts. Those are my words, not theirs, but they mean the same. Level heads and more info on principals needed maybe.
Sawbriar
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May 17, 2012
I got the same impression about "pushing", too. Its almost like Bowling and Brock were indignant that they weren't just taken at their word. There was plenty of time for an organized presentation and handout to be made available in advance so board members could exercise Due Diligence and ask some of the same questions being asked here.

Instead, the board got pressure tactics. There had even been public comments beforehand that "naturally, the board would approve" this deal by the ones pushing. When that didn't work out, the board was accused of "being against progress" and a lot of personal attacks. Then good old Bell County politics came into play. In your own words, boys - SHAME ON YOU.

Everyone in the county should pay close attention to what happens next because we're about to see how things are run around here. Not that it will be a surprise to very many. But it should put to rest any notion that we have a "people's champion" in charge. What we really have is the same old dirty politics in a slick package. Anybody else getting tired of slick?
BrianO'Brien
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May 16, 2012
To Civil Servant,

I am no spokesperson for Mr. Brock, Mrs. Rader, Mr. Kelley or any other government official. They are all very capable of defending themselves. Sawbriar would have the public believe Sawbriar's version of the facts. If Sawbriar believes that any stories I have broadcast or published on my websites is inaccurate, I invite correction. The funny thing is that there is so much more to this story and yet the people trying to better the community are being tauted as "conspriatorial" or "having connections" or the whole thing is "all about alcohol". It seems no matter how much hard factual evidence is presented, it's still not adequate. I would ask Sawbriar, why is that? Why is perfectly acceptable for a lawyer's opinion that wasn't even formally retained, (nor was that lawyer present) to be entered as the final answer to the legality? Those FOR the measure had THREE lawyers present willing to lay their licenses on the line for the fact that the measure was completely legal. These are the kind of questions that need to be asked FIRST. I am sure those who are proposing the land "swap" would have no problem discussing the particulars. Especially when they tried to do that once in an open meeting.

Sawbriar, I can be reached at the station at any time if you wish to challenge any comments I have made. I wonder how easy it is to find you? Since you have a penchant for remaining anonymous, I will hold my breath waiting on your call. I hope that the MDN does not take these comments off so that anyone can see what is being discussed.
Sawbriar
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May 16, 2012
I thought the three were capable, too. Its just their decision to not do so. Not my problem. I present my opinion on what I see and - much like Ripley - its believe it or not. Although I often do have facts to back up my opinion.

Sorry, don't listen to your broadcasts so say what you like. Its your dime. I did get the repeat on the Brock infomercial about the fire department. Reasonably fair but a long way from hard hitting. Brock has used the media to his advantage but that shouldn't be confused with being right.

I don't know what hard facts you refer to so I can't address them. I don't think a "final" answer on the legal question has been given yet. The board was pushed into giving an answer right then and given there was some dispute they correctly - in my view - decided not to commit. Hard to believe our JE would go to the trouble of replacing members if this wasn't going to be brought up again. I don't know which legal opinion is right. I know I don't like it when the lawyers on one side have direct connections to the arm wavers. Had you been around here longer, you'd understand a lot better. I only have one question on the land deal - who owns it? I can find out anyway but I like to give everyone a chance to tell it straight on their own.

Now I have some questions for you. Why don't these "investors" have their own money? They need to sell revenue bonds? Have you read the fine print on this deal? What happens just on the off chance the payback doesn't cover the expense? Who gets left holding the default mess and a hotel to sell at bargain prices? Think Bowling will stand good for it? Sure, I'm looking at the downside - because no one else is. But the public needs to be well aware of the risk/liability. I don't see anyone rushing to tell us, do you? And what do we really know about these out of towners? Anybody check out their credentials? Seen a balance sheet/income statement? Everybody talks a good game at the start. That's why cons so often work.

That should give you some raw material to spice up your show. No charge - and you're welcome.
CivilServant
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May 17, 2012
Since you are a journalist of sorts, Mr. O'Brien, why not set out the facts here, since you say there is a lot more going on than has been revealed? Sawbriar asks a valid question: Why does a group of investors plan such a big project when they don't have sufficient funds to complete it? Is this something Mr. Hilton would do?

And why does Bell County need another hotel when two new ones have recently been added just ten or eleven miles down the road?

I don't have a radio in the house, so I don't know what you've been saying about the hotel project, and I don't get a copy of the Pineville Sun and don't know whether editorials have been written on the proposed hotel, pro or con. I do know that the Middlesboro Daily News seldom provides editorials of any kind. In my opinion, that shows a critical lack of interest in the city's affairs.

Now that you have a chance here to do a good thing, give us the details of how this thing started, and how and why it got to this point.
Sawbriar
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May 17, 2012
According to the newspaper story, the ENTIRE 14 million will come from bonds. So these investors aren't really putting up any money at all. Sounds kinda strange. Maybe that Bowling partner who's a bond expert can explain it all to us.

To correct what O'Brien said, in reality - ITS ALL ABOUT THE MONEY. So who's on the hook for all this money? O'Brien worries about being able to find me. He might be more concerned about finding the culprits in this deal if it all goes sour.

Note to Judge Brock: Isn't 14 million just about the amount of tax money we have in this NOWHERE project of yours?
CivilServant
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May 17, 2012
FOURTEEN MILLION???!!! And the people of Bell County, plus any vacationers or business people that need to stay overnight in Bell County, are going to repay this? Surely you jest, sawbriar.

That makes me remember an old song from the 1940s that showed up in a recent late-night movie, "I'm beginning to see the light." It's a catchy tune that makes you want to move your feet and snap your fingers.

Apparently, the facts and figures of the hotel project brought a similar reaction to the Tourism Committee when it came time to vote, only they were hearing Jerry Lee Lewis on the piano playing "A whole lotta shakin' goin' on." As in heads.

They say that the way to solve any good mystery is: Follow the money. Maybe. I don't know, but this sounds like a fantastic scheme.
Sawbriar
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May 17, 2012
Civil, that's the way the story was reported. Those aren't my numbers. You can back up to some previous stories. And it all appears to be borrowed money - not "invested". And all based on out of state and out of country interests who could be long gone if this starts to lose money.

Seems like O'Brien would want some answers on this, too, instead of buying into "progress" just because somebody hits us with a high-pressure sales pitch. Mayor, call over to Manchester and see what happens when you don't thoroughly investigate before jumping for the brass ring.
Sawbriar
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May 18, 2012
By all means, leave the comments. What they show is that even given all the time in the world our leadership can't even answer a few simple questions. But they have plenty of time to get their picture on the front page.
CivilServant
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May 16, 2012
To BrianO'Brien:

Sawbriar asks some intriguing questions, so if someone out there is in the know, why not answer some of them? This comment section offers a great place to clear things up. Sawbriar sounds as though he knows a lot of background here, and since he's a voter (I presume), he has a perfect right to question these things.

As I wrote before, these meetings between the county, city officials and the Tourism people seem to only bring up more questions. Maybe the reporter is not familiar enough with the subject matter to raise pertinent questions.

Since I'm not too familiar with the area the city of Pineville encompasses, I mistakenly thought Turkey Creek was on the RIGHT side of 25E as you travel North. Checking with Google, however, and accidentally running across a cemetery name that was in "Turkey Creek," I discovered that the site of the property proposed for swapping to the Commonwealth was actually on the LEFT side of 25E, about three miles north of Pineville. Many years ago I attended a funeral near that location, so I was able to "see" it more clearly. The property seems a little out of the way to build a state office building, but I guess it's fairly close to Pine Mountain State Park, or the outer limits of it.

What would be wrong with the Mayor, a council member, or Judge Brock answering the question here? Why not a Tourism Board member? Judge Brock used to be free with his answers to comments here. It's a great way to have an open discussion, just so long as the discussions stay civil, which they should if a common good is expected.

Just from reading the newspaper accounts, it appears to me that Mayor Rader is trying extremely hard to bring good things to Pineville and needs the support of the citizens. If you have a valid argument for your different opinion, explain it in a polite manner.
joesmith767
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May 16, 2012
Mayor Rader needs to read-up on "Taxation Without Representation". It has nothing to do with the ability of governement to determine where tax dollars are spent. Go back to US History class!
Sawbriar
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May 16, 2012
The Mayor should direct her complaint to the Legislature. They made the law as it is - not the Tourism Commission. And nobody forced Pineville to enact the tax.

But I have a question for the Mayor. Who sold the city that Turkey Creek property? Anybody we know?
Sawbriar
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May 16, 2012
Mayor, if you're that opposed to "taxation without representation", its real simple - stop the tax. Or turn to those two bookends at the press conference with you and ask for representation. Isn't that what they do - and just did? After six years on the job, Albey Brock is just now figuring out his duties?

Your theory seems to be - if you don't like the vote, change the voters. Kinda like vote buying with a twist. A former mayor could give you some sound advice on that. But with all those "opinions" and some of them in conflict, don't you think getting that resolved would be the first order of business? What's the rush? If its a good deal today, it'll be a good deal tomorrow. Brock and Bowling can resume the arm twisting later. I believe Bowling gets a fee for his efforts - Brock just enjoys twisting arms.

Speaking of taxation, can you talk to Brock about this Fire Tax he keeps collecting. Seems like he doesn't want to spend it on fire protection for the people who pay it. Isn't that much like your complaint?
BrianO'Brien
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May 16, 2012
Sawbriar, why is it you continually cyberstalk Judge Brock on every forum you post? It seems as though you sincerely want ZERO progress in this county. There is a point of holding people accountable for their actions and elected positions yet you are never willing to be challenged on any of the points YOUR agenda presents. Your words may be well executed Randall, but the content lacks forethought and comes off as an attack every single time. You can go back to topix now, I am sure they miss your wit tremendously.
Sawbriar
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May 16, 2012
Well, O'Brien - IF that is your real name - you started out wrong and kinda went downhill from there. I won't try to correct all your errors but I would point out that the Daily News sets the policy here. You can run the show in your little domain. You might want to learn the difference between factual reporting and entertainment, though. Then decide which one you want to do.

I was under the assumption Brock was a grown man and could talk for himself. If he appointed you to talk for him, OK by me. But you're a long way from having paid enough dues to know what constitutes progress in this area. And you don't seem to mind "attacks" against anybody who won't roll over for whatever the JE throws out.

If you're still unhappy, the complaint department is down the hall on the left. Its that door with the EXIT sign above it.
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