Council's agenda included two requests by the Bell County Tourism Commission for the use of local properties. The first - requesting permission to use property located on U.S. Hwy. 25E next to Waffle King to place an informational gazebo for tourism purposes - passed 7-0 (Council members Hank Barnes and Evelyn Farmer were absent). Tourism Executive Director Judy Barton said the gazebo will be furnished by the Wilderness Road National Scenic byway and Southern and Eastern Kentucky Tourism Development Association and will be used only for local tourist information and not for commercial ventures.
However, the tourism commission's second proposal - for the lease of property owned by Jeff and Johanna Bowling at 2005 Cumberland Ave. to allow Discover Downtown Middlesboro to open a farmers' market and other special events - raised some red flags for some councilmen, although ultimately all seven members present voted to give the project the go-ahead.
Councilman Gary Mills pointed out that merchants living in Middlesboro could consider any produce sales by out-of-town vendors at the Farmers Market as competition, and wanted to make sure the vendors at the market - who are largely expected to be from outside the city - meet the same requirements, in terms of paying a $50 licensing fee to the city, as other businesses. He pointed out that other outside vendors have had to pay a similar annual fee.
Barton responded by saying such a requirement was impractical because it would cut into the comparatively small profits of the farmers participating in the market, which would be a seasonal operation from approximately June through October.
“There's a big difference between (a profit of) $100 worth of produce versus a truckload of furniture,” Barton said.
“A number of years ago, we attempted a Farmer's Market cooperative,” audience member Barbara Shattuck told council. “Five farmers were coming in until we were run off. These farmers come in at their own expense. (It's wrong) for you to charge them $50 when they don't even make $50.” Shattuck pointed out that many of the participating farmers would not even be in Middlesboro every day as some would also be participating in the Harrogate, Tenn., farmers market.
“I think we ought to nix this right now,” Barton said.
Bo Green, who is coordinating the project with Discover Downtown Middlesboro, pointed out that many of the participating farmers are from Lee County, Va., and Claiborne County, Tenn., and regularly do their shopping in Middlesboro, the largest city in the tri-county region.
“They're already giving back to the city of Middlesboro here,” Green said.
“We've been elected to represent the city of Middlesboro, not the city of Tazewell, not Lee County,” Mills replied.
Councilman Ronnie Carter pointed out that location of the farmers market in the downtown area could have positive aspects because it would attract people to the underused part of the city.
“Some retailers might be in favor because it would bring business here,” Carter said.
Councilman Larry Thacker agreed.
“I see the benefit of this being more than we could imagine,” Thacker said, and suggested that the fee for the farmers market could be waived for one year.
Barton said Mills' concerns about the farmers market being competitive with larger retailers, like Kroger, were unfounded.
“It's comparing apples and oranges,” she said, adding that there were precedents for waiving the $50 registration fee, such as the annual Fall Festival and the Christmas Parade, in which outside food vendors come into town.
“If you do this, every food vendor at the Fall Festival should pay a $50 fee.”
Councilman Randy Ball told Mills, “There's no arguing that you are right. But we've got to do something to get people to go downtown again. They have no reason now (except for a few small businesses). We've got to make a first step.”
Councilman Doug Hughes asked if Discover Downtown's Farmers Market Committee could provide council with a copy of the proposed market's policies and procedures, which Barton said were incomplete.
“I'm sorry you seem to be touchy about this,” Mills said, emphasizing that he did not intend to vote against the request. “But you're asking us to vote on this and you haven't finished your policy and procedures yet.”
A solution seemed to emerge when City Code Enforcement Officer J.C. Meredith suggested that since Discover Downtown's Farmers Market Committee was steering the project, perhaps the committee would be willing to pay the $50 fee in one payment instead of requiring each individual participating farmer to pay a separate fee, noting that similar arrangements were made for the Fall Festival vendors. Barton immediately agreed.
However, on Wednesday morning, Meredith said that after researching city ordinances, he determined that the law says “every single merchant doing business in the city for profit must buy a license to support that entity.” That means, Meredith said, that each member of the market would have to pay a $50 minimum fee to do business initially, with the annual renewal cost being $50 or 2 percent of the net profit, whichever is larger.
Meredith said he would have to retract his statement made Tuesday night at the next council meeting, forcing council to revisit the issue.
Council then unanimously gave approval to the request, with the stipulation that the committee should present a copy of its operating policies and procedures as soon as they are completed.
In other business Tuesday, council:
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