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August 21, 2012     The Hinton News
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.= .= -t I Home (Continuing the Hinton Daily News & The Weekend Leader) of "W. Va. Water Festival" Volume 110 No. 19 Hinton, West Virginia Tuesday Aug. 21, 2012 50 Cents m m By Fred Long A second attempt to obtain a city business license, after removing a pool table from a bar on lower 3rd Ave failed, Tuesday, when a motion to grant the license did not get a second. Danny and Carolyn Foster, owner Of Danny's Pool Hall, had asked the City Council to reconsider their application for a license with an amendment stating that the with the pool table gone, %vhat's the business would not operate as a pool problem with the name?~ hall. The single pool table was His motion included that a pool removed when a hearing last month table would never be permitted in before Judge Robert Irons found that the business again, but it wasn't just the city could regulate and deny a the pool table that apparently is the business license to any business that concern. operated pool tables. "We're trying to promote economic With all members present, development and tourism in our Councilman Tommy Oxleyoffered a town and this particular area in motion to grant the license saying question, 3rd Ave is a blight in our "We think back to that field of Were we citizens of many foreign Bradley, Jimmy Doolittle, and battle in Korea, almost 60 years ago. and distant lands, today might end Norman Schwarzkopf. On a hot July day, the sky filled with without a passing thought of a It is a noble medal with a red, enemy fire, "HEAVY enemy fire," the forgotten soldier in a forgotten war. white and blue ribbon reflecting Old official citation reads. Virgil Boyd But, as the beautiful new take on Glory's colors. Below it proudly Adkins rose above the danger to his the old hymn, Amazing Grace, we hangs a five pointed gold star. In own life to save the lives of others, heard earlier says, "What once was its center, rests a silver star atop a "And when retreat was sounded, lost now is found." Democracy in our sunburst of rays extending to a Private Adkins volunteered to stay Republic gives each of us the power wreath of laurel, the ancient symbol behind and provide cover for his to choose. The freedom to choose i3 of victory. fellow troops, a powerful force. On the medal's reverse ~ide are "Private Adkins met that It'is true that the many freedoms only four words. It reads simply, measure more than once on that we enjoy may well allow us to choose "For gallantry in action." Gallantry, summer day. That he summoned to forget - every once in a great a word we seldom use. It is one of the inner strength, the gallantry, to while - our Nation's fundamental the few we reserve to match the protect his buddies, so they could foundations, highest standard of human conduct. live another day to promote the But the freedoms we depend We think back to that field of cause of freedom, should not upon, also grant us the power to battle in Korea, almost 60 years ago. surprise any West Virginian. Here discover. And, every July 4th, as we On a hot July day, the sky filled with among our hiUs, still to this day, we celebrate our Declaration of enemy fire, ~rIEAVY enemy fire," the nurture the roots of gallantry Independence its principal author official citation reads. Virgil Boyd displayed by Private Adkins.~said, freedoms allow us "to pursue Adkins rose above the danger to his These words from Coligressmali tttitli, wherever t " " ~ i may lead. life tg a e llve of ot er . " Nick Rahall, 1~he keynote Speaker at Today is a celebration for one who " And when retreat was sou,~ded, the memorial service, Friday, f0'r ]~fend~ed oUr freedoms. One who Priva~ .~c]kins volunteered to stay Virgil Adkins touched those in the audience that had gathered in the Memorial Building to honor a fallen Summers County hero. Virgil Adkins was only 21 when he gave his life on the battle i~eld and now "belongs to eternity," Commission President Jerry Berry said. "Neither this country - nor the values that we were founded upon - could exist without braveAmericans like Private Virgil Adkirrs, who confront our adversaries abroad so we do not have to face them here at home. Their life's work is our security and the freedom that we to often take for granted. Every ~vening that the sun sets on our ~ranquil town; every dawn that a ~ag is unfurled; every moment that American enjoys life, liberty and -the pursuit of happiness - that is ~eir legacy. And that is why we fimst pay tribute to their stories." "~ And it's of "vital importance," Hinton Mayor Joe Blankenship told ~he audience, "that people today not Torget the sacrifice made bythose of ;yesterday. Because if we forget the ~rice they paid, we will forget that "freedom is not free." -: VirgilAdkins death 59-years-ago, ~ent unnoticed in July 1953 to all except his family when, just 10-days later, all America would be rejoicing that the war in Korea had come to an end. His body was never recovered and no service was performed to mark his passing. The service Friday included full military honors with his sister Jane Spade joining others on the stage to pay respect for Summers County's fallen hero. His former wife, Sarah Gill, was~n the hospital with surgery scheduled that day and could not attend. In her absence Congressman Rahall presented a U. S. Flag that had flown over the U. S. Capitol to her daughter, Christine, asking her to pass it on to her mother. He was the son of the late James and Bertha Mae Bowden Adkins, He had two brothers, the late Harold "Buster" Adkins and the late Carl Wilford Adkins. His sisters, along with Jane Spade were the late Margaret Bennett and Ruby Ann Barbb. The service included the unveiling of a veteran's "In Memorf marker obtained by state historian Russell Bennett that has been placed with a homemade marker in the Adkins plot at Hill Top Cemetery. What follows is the complete text of Congressman Nick Rahall's speech. defended our rights by taking behind and provide cover for his personal responsibility to serve our fellow troops. Nation and to serve truth by While the whereabouts of his pursuing it. That precious gift is one Earthly remains may be known only prizedbya free press, to God, let his courage and Fred Long understands that the commitment to our cause remain power of the pen quite naturally forever etched on the hearts of helps the power of the purse. Fred freedom-loving people everywhere. has helped organize today's A great general - MacArthur - ceremony with a noteworthy host once said, "However horrible the committee. So we thank, Fred; incidents of war may be, the soldier Russell Bennett; Mayor who is called upon to offer and to Blankenship and the City of Hinton; give his life for his country is the the Summers County Commissionnoblest development of mankind." and President Berry; and the many PrivateAdkins met that measure individuals and organizations listed more than once on that summer day. in the program for contributing to That he summoned the inner and coming together for this strength, the gallantry, to protect his ceremony to recall, remember and buddies, so they could live another relate to future generations a day to promote the cause offreedom, valuable lesson from our past. should not surprise any West A few months ago, a band of ~n~,inian. Here among our hills, still veterans who have lived some of to this day, we nurture the roots of those lessons of the past, arrived in gallantry displayed by Private their nation's capitol aboard an Adkins. Honor Flight from West Virginia. Though those of us here have For most of these decorated faced severe, even life threatening veterans, it was the first time they challenges, especially of late. Our would see the memorials erected in challenges, more often than not, pale their honor, in comparison to those born in the I told them that, without their theater of war. But, when you grow service, the U.S. Capitol building, up where you can count on neighbor heck, even the whole Capitol city helping neighbor as sure as you can might not well exist. Down from the on the next sunrise, it sticks with Capitol building on the great mall you. Those solid roots let us stand between the Washington Monument tall. It is a virtue that continues to and the Lincoln Memorial resides a serve us so well. war memorial. When we send a soldier offto war, Once described as the forgotten he or she does not go alone. Mothers, war, the Korean W~r had far too fathers, brothers, sisters, many hard fought battles to ever grandparents and children all go to justify a title like that. The service war with their loved ones. Spouses and sacrifice of those enlisted in our serve and sacrifice right along with cause will live on enshrined forever their husbands and wives. in the fitting and solenm granite and So today, we honor Private bronze memorial built in their honor. Adkins' sister, Jane Spade, and his I reminded our veterans that on widow, Sarah Gill. Jane and Sarah, the granite wall of this memorial a grateful Nation thanks you for the was carved a lesson for the ages with sacrifice you made in sharing one of these words, "Freedom is not free." our most gallant sons. To all of Here in Hinton, a once forgotten Private Adkins' family and friends, soldier is now, and rightly so, a cause we owe a debt of gratitude that, as a to celebrate as long as freedom rings, nation, can never truly be repaid. The short life, the long legacy, and, Each of us here takes on an added the eternal lesson of Virgil Boyd civic responsibility from this day Adkins will be enshrined here. forward. Each time we pass the Today, we memorialize a youngmemorial marker honoring Virgil Mountaineer and a moment in Boyd Adkins, we should pause for a which he cared more about his fellow moment and point to his memorial troops than himself. Through my marker and Share the story of his office, we were able to secure a gallantry with our friends and number of medals and decorations family. to justly honor his selfless acts. It's up to us to remind them that One award particularly defines it is because of Virgil, and all those his heroics, the Silver Star, the third who wear our Nation's uniform, we highest military honor a soldier can live and enjoy the fruits of freedom. receive. With its presentation, God bless each of you and God Private Adkins joins the ranks of bless America. John "Black Jack" Pershing, Omar Thank you. community. It stands in the way of our development," Mayor Joe Blankenship said when the item came on the agenda. Foster had asked for a public hearing on the application, something the council had not done when they went into executive session last month and voted not to grant Foster a city business license; although a state license has been issued. This resulted in a hearing before Judge Irons requesting an order that would force the city to issue the license. But, because the city has the right to regulate pool halls, Irons ruled in the city's favor and Foster's attorney, Berry Bruce of Lewisburg, in an Aug. 2 letter, requested an amendment to the application "with the understanding it will not be operating as a pool hall." Blankenship, in making reference to the letter, made clear he didn't want the Foster's to think "we're accusing them of being all the problems on 3rd Ave. That's not the case. Their are other problems on 3rd Ave. as well. It just so happens that Danny's Pool Hall is part of that problem and not really part of the solution." Bruce noted in the letter that Foster wanted to "wholeheartedly cooperate with the City in seeing that the laws are enforced fairly and !ndiscriminately within the City limits," pointing out that part of the problem is people smoking outside the busin.ess and littering the sidewalk with cigarette butts. "This problem worsened after the City passed the ordinance that there would be no smoking in businesses, then smoking on the street became severe." He said Foster was "willing to purchase cigarette butt disposal devices" but if the City would lift the ban on smoking in bars it would help alleviate the problem. "As a further word of explanation," Bruce continued, "my client has banned a number of individuals who frequent the 3rd Ave. location. These individuals and others go to [other places], buy liquor, and sit around outside and drink it, not necessarily in front of my client's building. The problem with drinking and smoking on the street cannot be controlled by my client, and it is not reasonable to expect him to police the whole street. My client does not serve alcoholic beverages to people that are obviously under the influence of alcohol. You mentioned a man who has a very high blood alcohol level by PBT test, and my client knows who you were talking about and, when that individual comes into the establishment, my client refused to serve him and escorted him out. If you contact said individual, he will state he was not served at Danny's Pool Hall." Blankenship said since July 3, Foster has been issued "18 citations for operating a business without a city license" and since Judge Iron's ruling "has had nine more citations involving that. So, I don't want to get into my opinion, but if the client wants to cooperate with the City in not permitting any city ordinances and laws being violated he continues on a nightly bases violating our codes and laws and ignoring Judge Irons' ruling." The smoking ban is not a City ordinance but an ordinance passed by the County Commission several years ago, Blankenship explained; while, on July 4, Foster was given a citation for selling alcohol to an impaired person, "so that statement contradicts the fact that he has had a ticket for that." Foster made no comment during the meeting, but afterwards said he did place a container for cigarette butts outside his door and someone took it that very day. He has never been before the courts on the charge of allegedly selling alcohol to an impaired person, he said. "I don't know what is taking so long," Foster said while denying the allegation. Blankenship said the city could deny a license if the establishment did not have a good reputation in the community, was noisy, loud, disorderly or unsanitary; ifa person operating the establishment has been convicted of violating any liquor laws, rules or regulations, noting that Foster was recently convicted of permitting disorderly conduct (allowing people to smoke outside his building); or demonstrates a lack of respect for law and order. "We chose not to issue a license to Danny's Pool Hall on July 1, 2012," Blankenship told the Council. "Mr. Foster was aware of that prior to that date. Further, on July 27, 2012, a hearing was held before the Circuit Court of Summers County wherein the Circuit Judge indicated the City's action was proper and the City did have discretion to deny a license to Danny's Pool Hall. Irrespective of the fact that the City informed Mr. Foster that he would not be issued a business license and that action was confirmed by the Circuit Judge, Mr. Foster continued to operate his business. Mr. Foster has not been closed a single night as a result of the City's refusal to give him a business license or following the Circuit Court's ruling that the City's action was appropriate. "Clearly, Mr. Foster has Louisiana Hall of Fame Inductees Hinton's Festival of the Rivers. II The City of Hinton is gearing up for some rock on the river ~ Dash Rip Rock, that is! The legendary New Orleans band will be hitting the stage at Festival of the Rivers in Hinton, WV after having recently been inducted into the Louisiana Music Hall of Fame. The high- energy rockers are set to perform on Saturday, September 1, 2012 at 8:00 p.m. This year's music festival is sure to be a crowd-pleaser, as musicians from far and near will be joining Dash Rip Rock for this exciting two- day event at the City Sidetrack Park in Hinton. In 2012 Dash Rip Rock was inducted into the Louisiana Music Hall of Fame during the band's show at the House of Blues in New Orleans. Dash Rip Rock's leader Bill Davis was thrilled to accept this honor and join the ranks of such notable Louisiana Hall of Fame inductees as Jerry Lee Lewis, Lead Belly, Louis Armstrong, Aaron Neville, Doug Kershaw, Dr. John, and Randy Newman. Dash Rip Rock is the New Orleans-based rock band known for their high-octane roots music. The band has long been celebrated for tight musicianship, high energy live shows, and songs of raw insolence and longing that are sometimes cut demonstrated a total lack of regard in respect for law and order and has continued to operate despite the action of the City and the Circuit Court of Summers County." Saying he believed the application "is not a proper application," he asked Council for a motion to grant the application. Oxley offered the motion when Blankenship told him it could not be discussed without a motion. Action by majority vote began the process of making the Gold Coast sewer line project operable. Although the City has claimed that several errors were made in the construction of the line, and because of this refused to pay outstanding invoices, it was agreed to pay the invoices totaling over $285,000 and move forward with a grant anticipation note that will, for the most part, rebuild the line. A hearing earlier before the State Infrastructure Council found that the line didn't function "due to the ground conditions and not due to workmanship or design," David Cole with Region I Planning and Development Council, explained. For that reason, he said, that agency has agreed to provide what is basically a forgivable loan to replace much of the existing line Continued on page 5 Bring New Orleans Music to ,ivers with whimsy. Bill Davis is a songwriter known for his blistering guitar work. For over 25 years the band has amassed a loyal, diverse following. Influential in shaping genres of modern rock and alternative country acts, the wide tent of Dash Rip Rock's cross-genre fan base includes aficionados of roots-rock and Americana as well as rockabilly, country, and punk fans. The Louisiana Music Hall of Fame honor could not come at a better time. This year Dash Rip Rock has been writing and touring and getting back in the studio to record a new album of DRR originals with Ben Mumphrey (producer of some Frank Black and Breeders) at Studio in the Country in Bogalusa. Their new album will be out on Alternative Tentacles late this fall. The eighth annual Festival of the Rivers will be held at City Sidetrack Park in Hinton, WV on Labor Day Weekend, September 1 and 2. Entrance to the festival is free. Live musical performances run from 12:00 noon until 10:00 p.m. both Saturday and Sunday. There is also free swimming and a water-slide. It is sponsored by the State of WV and Campbell-F) annagan-Murrell Ho-s-. Museum. For more information go to www.cfm-fmh.org. (