Taxpayers Opposed to Useless Roads


Stop The Fifth Interchange

at Mine Lick Creek Road

Cookeville, Tennessee



DEconstructing the Concocted Road Avrice Propaganda IN General

TRANSPORTATION POLICY


Last updated 19 NOV 2008

01:00 AM

THE NEWS, OPINION AND COMMENTARY NOT AVAILABLE IN THE HERALD-CITIZEN


Welcome to the TOUR website. (Taxpayers Opposed to Useless Roads) This web site is for those people who want better government policy in road building. It is an exploration of the factors and frustrations surrounding the planning and management of transportation infrastructure in the state of Tennessee. Particular emphasis will be on the Proposed Mine Lick Creek Interchange but, there are many projects like this throughout Tennessee. If you pump gas, pass through the state or ride the bus, you are going to be effected by the policies and proceedures of the Tennessee Department of Transportation or TDOT. I believe that better transportation policy is achievable through the ethical treatment of all taxpayers and seek to provide the other side of the story that is not known either through ignorance, blind trust or strategic misrepresentation.

Danny L. Newton

1018 Rose Garden Lane 38501

931-432-5345


CONTACT TOUR EDITOR Alternate email address




15 MAR 07 TO 22 OCT 07 ARCHIVE
23 OCT 07 TO 31 DEC 07 ARCHIVE
01 JAN 08 to 15 MARCH 08 ARCHIVE
09 MAR to 03 MAY 08 ARCHIVE
09 MAY 08 to 12 JUNE 08 ARCHIVE
13 JUNE 08 to 31 AUG 08 ARCHIVE
09 AUG 08 to 11 NOV 08 ARCHIVE
USELESS ROAD DETECTION KIT
FIFTH INTERCHANGE TIMELINE
HOUSE TRANSPORTATION COMMITTEE
SENATE TRANSPORTATION COMMITTEE
GAS TAXES BY STATE
THE REAL HIGHLANDS BUSINESS PARK IS FOR LEASE IN LOUDEN, TENNESSEE
ENVIRONMENTAL DEFENSE FUND DROPS LAW SUIT AGAINST 2 BILLION DOLLAR ROAD PROJECT IN MARYLAND
TDOT PULLING OUT THE PLASTIC TO FIX BRIDGES?


Click On The Button Below To Visit Institute For Justice Eminent Domain Abuse Web Site.

Kelo Day - June 23, 2008


THE LETTER THE COUNTY COMMISSION DOES NOT WANT TO SEE

MRS LYNCH'S DAUGHTER IS REFUSED THE PODIUM TO SPEAK AGAIN


17 NOV 2008



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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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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TDOT EXTENDS COMMENT PERIOD ON I-40/I-81 UPGRADE

LETTER FROM RIC FINCH IS BELOW




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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CENTER HILL RPO MEETING 14 NOV 2008

FIFTH INTERCHANGE PUSHED BACK TO 2010




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 the 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 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 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.

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.

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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

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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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