Recommended Readings 20-22, Topic: Brozman reports on Israel

and her first visit there

Atlanta JT Online, brings us Suzi Brozman's: The Rockets' Red Glare

"We are loving people," one resident declared. "We educate our kids to live and to love, but it is difficult to live with neighbors who hate us."

Also included: The Littlest Victims

"These children tend to get chronic depression - their art lacks color and integration, showing apathy. When they let down their defenses and an attack happens, the reaction is intensified....

...It was jarring hearing 6-year-olds talk of their emotional needs and anxieties."

Want to read more about Suzi Brozman's experiences and first impression of Israel? Hello to Israel - Notes from a First-Time Visitor

A Couple of Associated Pet Peeves Belonging to an Individual

I realized today that I have an associated pet peeve that stands above most others, and it's a pet peeve that I have not been immune to engaging, myself. I've heard it said that the things we dislike the most in other people are things we recognize in ourselves and I think there is probably some truth in that and, because I think there is some truth in that, I am usually fairly cautious about denouncing the actions of people when I, myself, might engage in the same practice or might have engaged in it in the past. This peeve of mine, however, does more harm than its initial exercise, which might even be well founded.

I'll just focus it on myself and how I've used it in the past because it's a very common action, we all assume things. I work under the assumption that, as I gather facts, I gather more understanding about an issue. As I gather more understanding, based on facts, I tend to form opinions about things, whether that's right or wrong is a whole 'nuther issue, in itself, but it seems to be the nature of humanity. The facts will either point me to a conclusion in one direction or another direction. Until I have all the facts and feel I have an understanding about an issue I do my best not to form opinions about things I don't understand.

This translates, in my own life, as a writer, into the passionate exploration of issues or topics that I intend to write about and, at times, has the ability to slow me down because I'm waiting for other people to provide facts that I cannot move forward without. Without those facts I can't have understanding, without understanding, I, personally, don't feel I have any business forming an opinion or writing about something in the first place (I actually think I have a thing or two in common with Mayor Carlson, in that regard).

Often times, this attitude costs me money, and has the potential to frustrate editors, though mine is fairly easy going as long as I keep him updated.

The next issue of CFP will only have my standard City Council column in it because the article(s) I'm working on have hit numerous small snags in my ability to receive all the facts in time to turn it in on a deadline for the next issue. So, while I work harder on the next thing than I usually am required to do, in actuality, I'll be paid less and later for the hard work than if I'd chosen some uncomplicated subject to write about. Since I'm not a wealthy person to start with, I often find myself wondering why I do what I do - the answer is, because I think it's important and no, no one else has to agree with that opinion, by the way. I respect other people's rights to think my work sucks. :)

The pet peeve, therefore, might not necessarily be people who write things based on their assumed understanding of fact (because it might be very credible, depending on the amount of fact gathering in which the writer has engaged) but, sometimes, writers don't stop there, instead assuming what other people's reactions will be to their original assumptive opinion. This, generally, necessitates the writer casting a broad net and labeling a group of people into a large category. Once labeled, the writer will then assume (based on his/her assumption of understanding) the reaction he or she will receive regarding the original (potentially credible) opinion from this large, faceless group of people, and that brings me to the real pet peeve, alluded to above, when I wrote, "This peeve of mine, however, does more harm than its initial exercise, which might even be well founded."

The second peeve, linked to the first pet peeve of "understanding assumption," is the associated baiting of argument that arises out of this individual's labeling of a category of people. By assuming the reaction of that large, faceless group of people, the writer has baited an argument he or she assumes exists which might not have existed otherwise.

People who identify themselves as members of that large, faceless group of people, whether rightly or wrongly, feel they must defend themselves against what they perceive as an erroneous attack against what the member of the large, faceless group actually believes, and the defensive argument is all unnecessary without that original harbinger of assumption.

The best way I have found to deal with it is not to deal with it at all. Let the writer of assumptions languish in non-responsiveness to the crafty worm he or she has baited on their crafty little hook. That applies to whoever the writer happens to be, including myself. As I wrote above, I haven't been immune to labeling and categorizing individuals into a large, faceless group, myself, but hopefully, as I've thought about the fact that we're all individuals, each and every one, and gained a greater understanding of that fact, I won't do it in the future.

I don't like to be labeled and categorized into a large, faceless group and believe much of the "polarization" in America that some people concern themselves about stems from that action.

I'll continue to make every effort to treat individuals as the individuals they are, recognizing that every large, faceless group of people is made up of individuals, each with a separate and varying opinion on any given topic.

People are fascinating, aren't they? I'm not sure if this one made any sense or not.

"She's as Cold as Ice"

This afternoon, I am reminded of that song.

Remember that song?

'Nuff said.

Recommended Reading 19: City Council Records

A must read from the "Springfield News-Leader's" Sarah Overstreet:

Lights, camera, record

Park Central Square's New Sidewalk and Streetscape Design

Did you know you can view the Sidewalk/Streetscape plans for Park Central Square at Community Free Press' Web site? Click on the pictures for an enlarged view.

You can thank us later.

Letters of praise to the editor are always appreciated. :)

We work hard over there.

An update on a previous posting

In Tight-fisted City (and Councilman?) make it Difficult, I wrote:

CFP got a response, on June 18, from City Clerk Brenda Cirtin about the February 15 meeting referred to during the course of the February 1 meeting. The Administrative Assistant for the Committee was out of her office and unable to respond so I had forwarded my query to the City Clerk:

"I have checked our files and there was no meeting posted for the Compensation Package Sub-Committee on February 15." Ms. Cirtin wrote in an email.

Granted, my query specified a particular meeting in this instance, however, originally, I had requested all meeting minutes regarding the committee from Ms. Smith and there were no other meeting minutes beyond the February 1 meeting of the Compensation Package Sub-Committee included with those minutes.

Here's the update:

Upon further communication with City Clerk Brenda Cirtin it has come to my attention that the meeting was posted, but not as a Compensation Package Sub-Committee meeting, it was posted as a "Community Visioning Exercise," because of the way it was posted, it was missed by Ms. Cirtin. It was an unintended oversight on her part.

Ms. Cirtin was unaware of previous queries I had made to Sharon Smith of the City Manager's office and Sharon Smith was out of town when Ms. Cirtin, kindly, tried to assist me with an answer to my question regarding the February 15 meeting. It would be unfair of me to imply that Ms. Cirtin should have known of requests I had previously made to Ms. Smith and I felt that bore noting to readers here.

Recommended Reading 18: God Bless America

Kirby P. Nelson of Springfield wrote a reader letter to the "Springfield News-Leader" today that serves as a good reminder.

It isn't enough to complain, or as my Pastor put it this morning, too many people are becoming cynical and negative. Mr. Nelson reminds us there is reason for hope in, "Writer doesn't grasp principles."

I think my Pastor would be proud of Kirby.

Tight-fisted City (and Councilman?) make it Difficult

To provide depth, scope, and understanding on the part of the media, on the topics that they're covering? (see: Mayor Carlson: Excerpt from the State of the City Report)

In Salary ranges recommended for next city manager, Wes Johnson wrote for the Springfield News-Leader:

"Mayor Pro Tem Gary Deaver, who chairs the effort to find a new city manager, said the City Council and Arcus search firm can use the pay study to evaluate what to offer a prospective candidate.

"It's a benchmark tool they can use to understand what wages and compensation is in like-sized cities," Deaver said. "We want to be competitive, but not pay too much."

Though he agreed it was a public document, Deaver asked the News-Leader not to publish the subcommittee's pay-range study....*

He acknowledged the search committee and City Council weren't bound by the pay range included in the study."

Then, Johnson (and the News-Leader) provided the link to the City Manager Compensation Recommendations, I do not know if this is the actual "study" Deaver asked the News-Leader not to publish: Salary ranges recommended for next city manager.

I hope Mayor Carlson is proud of Mr. Johnson for providing such depth and scope, indeed, such understanding of the issue.

CFP requested meeting minutes from all of the City Manager Search Committee meetings and Sub-Committee meetings, including the Compensation Package Sub-Committee. Note was made that at the time of publication of CFP's (June 18) current issue:

"The minutes of the February 1 (Compensation Package Sub-Committee) meeting indicated there would be a "brainstorming meeting" held on February 15. Minutes to that meeting, if it took place, were not submitted to CFP and a response to a follow up request for that information did not come in time for inclusion in this publication." (see: Online Supplimentals to the Print Edition).

CFP got a response, on June 18, from City Clerk Brenda Cirtin about the February 15 meeting referred to during the course of the February 1 meeting. The Administrative Assistant for the Committee was out of her office and unable to respond so I had forwarded my query to the City Clerk:

"I have checked our files and there was no meeting posted for the Compensation Package Sub-Committee on February 15." Ms. Cirtin wrote in an email.

Granted, my query specified a particular meeting in this instance, however, originally, I had requested all meeting minutes regarding the committee from Ms. Smith and there were no other meeting minutes beyond the February 1 meeting of the Compensation Package Sub-Committee included with those minutes.

At the online supplimental page at CFP you can read, under the heading of "The Four Sub-Committees of the City Manager Search Committee," the information I (or CFP, through me) was provided regarding meetings held by the the over-all city manager's search committee and the sub-committee meetings.

Interesting. Apparently, all of that study and preparation necessary to create the Sub-Committee's recommended salary ranges was accomplished with one meeting of the Compensation Package Sub-Committee.

At the first meeting of the City Manager Search Committee, on January 14, 2008, Mayor Pro Tem Gary Deaver stressed that the Committee needed to make the search process as open and transparent to the public as possible.

I signed up for news-letters from the City regarding the progress of the search. I can't remember the last time I received one, seriously.

"It's not like it used to be, there's not the depth, there's not the scope, there's not the understanding on the part of the media, on the topics that they're covering.... It makes it very difficult to get your message out." - Mayor Tom Carlson in his state of the city report.

Maybe you're placing the blame on the wrong people, Mayor Carlson? Just a thought.

*emphasis mine

Opinions; Facts not Required: Tony Messenger

I don't have anything, personally, against Tony Messenger. On a personal level he seems like a nice enough guy, but I certainly take issue with some of his reporting.

His piece at "Political Fix," dated yesterday, With no fanfare, Blunt signs village law repeal, takes this little jab at Missouri Republican House Speaker, Rod Jetton:

"Jetton was widely believed to be responsible for the (village) law being inserted into an omnibus bill a year ago at the behest of developer Robert Plaster, who has also been a campaign donor to Blunt."

I don't think there's, necessarily, a thing wrong with Messenger reporting that Jetton was widely believed to be responsible for the village law being inserted into an omnibus bill, what I take issue with is his continued (along with some other reporters) neglect to mention that Jetton has denied inserting the village law into that omnibus bill.

It's one thing to disparage a person's character, but then to neglect quoting or mentioning that the person has denied what is "widely believed," as Messenger, himself heard and reported Jetton saying in this Messenger blog entry, without any proof to offer that Jetton is lying, to me, is the worst kind of journalistic assault, and it isn't the first time Messenger has engaged in the tactic.

It is "widely believed" that Jetton was responsible "for the (village) law being inserted into an omnibus bill a year ago at the behest of developer Robert Plaster," in part, because of this sort of reporting. Apparently, reporters like Messenger refuse to spend the time required to track down who IS responsible for inserting it. If it was Jetton, fine, I have no problem with that, but to consistently smear someone with doing something they have denied doing with no proof or substantiation, in my opinion, is just wrong.

So, chalk me up as one who, personally, likes Messenger but continues to have little respect for his journalistic integrity, in fact, in some circles around the Queen City, it is "widely believed" he has none.

Council's Independent Internal Auditor; What's Happening?

A commentator on this post was asking me questions about the internal auditor position. I wrote an article about the Council's internal auditor for the January 16, 2008 issue of CFP that I would recommend for even more background on the position.

Following is the article I wrote concerning the difference between the city manager and the internal auditor search for the current issue of CFP (June 18, 2008). The story (re-formatted) ended up taking an odd turn, read for yourself. - Jackie

City Manager vs. Internal Auditor

By Jackie Melton
CFP Contributor

Springfield may have cut employees by attrition to help raise the $5.2 million needed to fund the police/fire actuarial recommendation, but there are at least two positions they will be looking to fill this year. Those positions, the city manager and the Council’s internal auditor, seem to be receiving very different levels of scrutiny.

While a 22-member city manager search committee attempts to find the new city manager, the search process for the internal auditor seems to have been relinquished to the city manager’s office and human resource department.

In January, Councilman Dan Chiles said he and Councilman Doug Burlison had informally discussed the possibility of forming an external citizen search committee, but that never happened.

“This position is being handled through our HR (human resource) department and will not be done by committee, except for possibly the final selection and evaluations,” City Clerk Brenda Cirtin wrote in an e-mail.

Burlison said it would be difficult for the all-volunteer Council to handle the search for applicants. He acknowledged he has some concerns about the Council’s dependence on the city manager’s office and human resource department in their search to find qualified applicants for the position. “My suspicion is the internal auditor is not something the city manager’s office wants,” he said.

Burlison noted he’s looking forward to having an auditor to assist the Council in overseeing city government. “This proposed position is, in fact, the key to any reforms that City Council may enact in response to the audit,” Burlison said in January.

Mayor Tom Carlson, in his state of the city report, didn’t seem to share Burlison’s view of the importance of hiring an auditor. “Primarily, they [state auditors] talked about an internal auditor, and we’re going to have one of those, and so, I hope everybody’s happy, but it’s not that big a deal,” Carlson said.

According to the audit report, an “internal auditor could have helped in discovering and resolving several of the areas commented on,” adding, the auditor would, “provide a means whereby the City Council can be made aware of current activities.”

At the June 2 City Council meeting, Burlison asked for an update on the internal auditor search.

“We made a few changes to the job description and expanded the advertisement that we had earlier put out,” interim City Manager Evelyn Honea responded.

Director of Human Resources, Sheila Maerz, acknowledged she had already received the job description changes, and Sharon Smith, Honea’s administrative assistant, acknowledged the city manager’s office had made them. “The city manager’s office made the changes, and Gary Deaver, chairman of the finance and administration committee, was in agreement of those changes,” Smith wrote in an e-mail.

One change contradicted Springfield’s city charter. Under the charter, the internal auditor “shall be a certified public accountant (CPA) or a person specially trained and experienced in governmental or business investigation or administration,” but the city manager office’s changes to the job description made CPA certification a requirement. “In addition, a CPA certification is required along with….” reads one change. Another reads, “Licensed CPA certification is required.”

City Attorney Dan Wichmer was unaware of the changes, because they were not posted in the job description on the city’s Web site; he suggested they might be a draft, then an old copy, then a draft. “She (Honea) said the comments that Council had been making were that they probably would not consider anybody other than a CPA,” Wichmer said, after talking to Honea, “but the requirements are set by charter. They (Council) are free to screen higher than that, but, as far as the actual job description, it needs to say what the charter says.”

Burlison was surprised to hear of the changes. “That’s news to me, unless I’m forgetting a meeting. The change that I thought had been discussed with us in the committee, if not with the Council as a whole, was to not require the internal auditor be a CPA, so we could cast a wider net,” he said.

Wichmer said the Council would discuss it at the luncheon on June 10. The issue was not specifically mentioned on the city’s published agenda for that luncheon meeting and was not brought up by any person who attended the meeting.

Advertisements for the position, listing CPA certification as a requirement, have been sent or posted to several professional journals and publications.

Internal Auditor Job Description Changes Approved June 12

> By unanimous verbal vote, the City Council’s Finance and Administration Committee approved changes made to the Council’s internal auditor job description on June 12, 2008.

> Certified Public Accountant requirements have been removed from the changed job description.

> The Finance and Administration Committee is the body who will work most directly with an internal auditor once hired.

> Members of the Council’s Committee are: Mayor Pro Tem Gary Deaver, Councilman Ralph Manley, Councilman Denny Whayne and Councilman Doug Burlison.

Go to www.cfpmidweek.com to view the original Council approved job description, circulated changes, and final approved changes, along with the advertisement as published and posted by the city of Springfield.

-------

There is more information available at Community Free Press - Midweek, including an update on the city manager search and the internal auditor application process.

-------

Also, available at CFP, click on the "On-line Supplements to Print Edition," (link found under the cover shot of the current issue) to find:

The Answer to: Who Recommended the Changes?

A Link to the City Manager Search Video

The Four Sub-Committees of the City Manager Search Committee

Recommended Reading 17: Park Central Square

What the square needs is maintenence and scheduled programming

A letter to the editor written by Springfield resident Dorothy Thurman to the Springfield News-Leader is recommended reading 17.

Pleasant time down on square

You know, the Lawrence Halprin-designed Park Central Square?

Yeah, that one.

“Everyone is entitled to their own opinion,

but not their own facts.” - Senator Daniel Patrick Moynihan


The Springfield News-Leader's editorial board needs to get their facts straight.

In, Eateries must live with fees, someone from the editorial board wrote:

"Establishing the new fees came through a 7-2 vote of City Council on Monday; council members Doug Burlison and Cindy Rushefsky disagreed with the charges, worrying the city is moving forward too quickly with the fees."

Wrong. Council voted unanimously to establish the fees after Councilman Burlison moved the restaurant fees be removed from the bill.

Councilwoman Cindy Rushefsky seconded Burlison's motion but it did not carry.

Then, there was a vote taken on the bill and it was passed unanimously by all of City Council.

Hooray! I got my City Utilities Bill Yesterday!

My husband and I are succeeding on our private (not so private now) "Scrue U, CU campaign."

The campaign is to use as little electricity as possible to save money, but mostly because we want to jab our rhetorical finger in the rhetorical eye of City Utilities.

You see, we got our utility bill yesterday and not only was it under $100, it was under $90!

Woo hoo!!!

The weather has been a factor, it's been very pleasant, but, you know, I don't mind suffering and even sweating a little bit if it enables me to say,

"Scrue U, CU!"

Woo hoo!!!!

Spotlight on Candidates: Travis Maddox, Candidate in Missouri's District 7

Travis Maddox, (see Community Free Press, January 30 issue, page 2) is running against Congressman Roy Blunt in Missouri's District 7.

Maddox is the state vice-chairman and ballot access coordinator for the Constitution Party.

Today, I received a campaign ad from Maddox:

Does the Blunt Money Machine Best Represent South West Missouri?

[picture removed]

In a District where the median income is around $33,000, with many making less, does Congressman Blunt's money machine represent us? In a recent Joplin Globe article listed below, Blunt has not only out raised past opponents but is one of the top fundraisers in Washington. He has received tens of thousands of dollars over the years from large companies ranging from tobacco to beer to oil companies ( OpenSecrets SourceWatch ) . Does this kind of influence help a Representative lose touch with his constituents? Representing Lobbyist and President Bush as a liaison, Blunt seems to forget who he was elected to represent.

Elect someone who WILL Represent YOU!

Support Travis Maddox for US Congress!

Read the Joplin Globe story, here.

For more information on Maddox: maddox4congress.com.

If you are a candidate running for a city, county or state seat and would like an ad placed on this blog, please contact me. My email address is accessible through my profile.

Recommended Reading 16: Classics

Classic busplunge

This morning, Jim Lee gives us all some timeless advice and because he is very inciteful and philosophical-like, he answers a very important question for citizens of the Queen City:

When Is It Proper To Act Like A Two-Year-Old?

Springfield is blessed that Jim's

"got opinions about dang near everything,"

and enough time to tell us about them.

For more classics (or at least some of my favorites) see, this, this, this and this (that was hard, I kept thinking of another and another).

To be continued?

City Council meeting tonight; City Council luncheon tomorrow

Of course, there's a City Council meeting tonight at 7:00 p.m. in Council Chambers at the Old City Hall, 830 Boonville. You can view the Council agenda here.

There is also, as usual, a Council Luncheon meeting on Tuesday at 12:00 noon.

Luncheon meetings are, more often than not, held on the 4th floor of the Busch Municipal Building, however, tomorrow's Council luncheon is going to be held at Mediacom Ice Park, 635 East Trafficway.

Council does not take public comments at the luncheon but the public is welcome to attend.

LUNCHEON "TENTATIVE AGENDA

1. Ice Park Hockey Update – Jodie Adams and Stan Melton

2. Any and all matters to come before the City Council"

Clarification on City Manager versus Council's Internal Auditor Searches

Vincent David Jericho of KSGF had Tom Martz and Fred Ellison of the Missouri Liberty Coalition on the program this morning. The gentlemen did a fine job covering the high points of the City Council meeting scheduled for this evening, and it's easy to make a mistake, when sorting through information from past City Council meetings. There was a slight misunderstanding about information given by Interim City Manager Evelyn Honea's comments at the last meeting, on June 2.

Having one "coalition," with limited members who, in many cases, have their own jobs and responsibilities but are tasking themselves with watching and holding our city government accountable is a good thing, but, in some ways, they find themselves in the same position as our City Council, they are unpaid volunteers.

I appreciate the efforts they are making on behalf of other citizens who are not taking the time to pay attention to city issues. In fact, I appreciate them so much that I attend many of their meetings and cover them for the Community Free Press, and, so others don't think I'm looking for a chink here, I once mistakenly said that attendance of a MoLiCo meeting by Representatives Shane Schoeller and Bob Dixon was a surprise. In fact, I found out later, it wasn't a surprise visit, maybe a surprise to me, but not to the MoLiCo. MoLiCo does a lot of good work and I like that they are watching our local government, it gives me good material to report.

In the case of their suggestion that the City Manager Search firm, Arcus Public, has not been receiving adequate applicants for the position and that the advertisement for the position has been expanded, there was a bit of confusion. Honea, when she spoke of advertising expansion, was speaking of the internal auditor search, not the City Manager search.

"The internal auditor, we made a few changes to the job description and expanded the advertisement that we had earlier put out and when we advertised a couple of months ago, we had very few candidates who qualified for the position and we really wanted to bring a larger slate of candidates back to the Finance Committee...." Interim City Manager Evelyn Honea said on June 2. Honea then suggested Gary Deaver, Chairman of the City Manager Search Committee would be better to answer questions regarding the City Manager search.

Deaver did update the City Manager search process:

"I've had conversations with the search firm principals the last two weeks. Actually, in 6 days time they had doubled the number of candidates that qued up for our consideration...."

"One thing that they (Arcus Public) pointed out to me, they said, "Gary, you know, this is going to be an easy search for us," and I was silent because easy wasn't what I'm looking for but they went, "When we say easy, it's because your community has so much to offer. We feel so positively about your community that it's easy to sell the attributes that you have to candidates who have the skills that we feel your community deserves." - Gary Deaver, June 2 City Council meeting.

You can listen to the podcast, here.

Vince, who did mention that "JackeHammer" was challenging that information, in the meantime, is checking with Public Information Director, Louise Whall.

Force Majeure in the Heer's agreement: Who knew?

"...

"SHPO's ruling last month that the square was eligible for historic listing could fall under the Force Majeure provision, said City Attorney Dan Wichmer....

"...if it went to court, it's possible that we would invoke Force Majeure. If he tried to give it back to us, we'd say 'No, Kevin, we don't think the agreement's been breached.'

"Wichmer said he considered SHPO's ruling "an act of government beyond our control.""* - Springfield News-Leader

Well, my duck! (the duck thing's for Pastor Charles, now he knows I'm listening :) City Attorney Dan Wichmer was at the same City Council luncheon at Fire Station 12 on June 3 that I attended (and excuse me, but Wes Johnson of the News-Leader attended it, too) when Economic Development Director Mary Lilly Smith referred to the August 1, 2008 deadline and the City Council was assured that the City ought to be able to meet that deadline:

"We will also engage Butler Rosenbury to prepare the construction documents for it (Phase II, perimeter of square) so that we could be in a position to bid and we would be, I don't have a date for bidding yet, but we feel like we have just enough time to get everything underway so that we could start construction by August 1st." - Economic Development Director Mary Lilly Smith, June 3, 2008

Either the City Attorney and the Economic Development Director didn't know what was in that Agreement between city and Heer's Building LLC (thanks, News-Leader) or they didn't think it was important to inform the Council about Article VI. Either way, one has to ask why.

Why didn't the City Attorney and/or the Economic Development Director know of the "Force Majeure" clause?

OR

Why didn't the City Attorney and/or the Economic Development Director think it was important to share that information with the Council, as a whole, during the course of that discussion or within earshot of the press?

It's no wonder Mayor Carlson recently complained:

"It's not like it used to be, there's not the depth, there's not the scope, there's not the understanding on the part of the media, on the topics that they're covering."

...and he thinks bloggers and anonymous commentators make it very difficult to get the city's message out?

Maybe, next time, while city staff is recommending approval of this Council Bill or that Council Bill, and the City Attorney and Economic Development Director who are, one assumes, aware of contractual details, could share those pertinent in depth, within the scope of the topic, details with the media and the rest of the community so that people could gain a better understanding?

Or was that little "Force Majeure" detail just not important enough to note?

Wichmer was there June 3, when Mary Lilly Smith was discussing the issue, when Councilwoman Mary Collette asked about the timeline on Phase II construction of the square. Neither Wichmer nor Smith bothered to mention Force Majeure that day.

I attended the City Council Committee of the Whole and a Finance and Administration meeting at the Busch Municipal building today, after I dashed off the above rantings and emailed them to myself to ponder upon.

Councilwoman Collette and I met, she on her way up the stairs and I punching the elevator button and then arrived on the 4th floor at the same time. I asked her if she was told about the "Force Majeure" clause, she said, "No, not specifically," but she was also quick to point out that she, and one could assume, all of the Council, had a copy of the contract herself. In other words, it was somewhat the responsibility of Council to be aware of Force Majeure.

The media wasn't given a copy of the final approved agreement between the City and Heer's Building LLC. I could have requested it before today and should have, but I didn't. So, we can go back to Carlson's charge, which I took seriously, by the way, that:

"... there's not the depth, there's not the scope, there's not the understanding on the part of the media, on the topics that they're covering."

Again, I will reiterate, reporters and the media can certainly take their share of the blame but the city can take a bit of the share, as well. Somewhere along the way it looks like someone could have mentioned Force Majeure, and when it wasn't mentioned people like me want to know why it wasn't mentioned.

For weeks, if not months, it seems like the city (and some members of the press) have been unnecessarily causing fear on the part of the public that the city may have to buy back the Heer's Tower, for what? Why?

I'm to blame, you're to blame, and yes, the staff of the city of Springfield, who has the most credibility to lose, is to blame. We can all take our share. That includes the Mayor, who has trouble getting the city's message out, he had the agreement too. We all need to be asking, are we going to expect our, yes, ALL-VOLUNTEER Council to actually read the materials they are voting on? How can we expect that? How can we hold those selfless, unpaid volunteers accountable? Do we look to them? And, if we look to them, should we be looking to them to make our City Manager's office accountable for not sharing this vitally important, pertinent information with them or do we expect them to read every 50 page agreement that the City places in their Council folder?

Internal Auditor, we're ready and we hope you are, too. There is more to this city that needs looking into than the Council can do alone and the communication aspect between city staff, the City Manager's Office and the City Council leaves a lot to be desired. For the rest of us superficial press and media types, who do not have the lack of an internal auditor to blame, good luck, brothers and sisters, it appears we've got our work cut out for us.

*emphasis mine

Recommended Reading 15, Topic: Eminent Domain

The News-Leader's AP article, Property owners may sue over threat is recommended reading 15.

McGowan Delays Start of Heer's Tower Renovation as City Officials Consider Park Central Square Issue

His interest in downtown is not waning

Developer puts brakes on Heer's Tower lofts, Springfield News-Leader

"On Tuesday, he (Kevin McGowan) met with the owner of the McDaniel and Woodruff buildings -- downtown -- and indicated an interest in other buildings in Springfield.

"We are looking at more than the McDaniel and Woodruff buildings," he said. "I've said before that if we came to Springfield we weren't interested in doing just one building. I don't find the recent issues involving the square to detract from that.""*

Shop owner: Heer's delay 'frustrating' , Springfield News-Leader

I can't help but wonder if the News-Leader's Mr. Bridges told the shop owners that McGowan is interested in purchasing other properties on the square and that he doesn't find the controversy over Park Central Square's Eligibility for the National Register of Historic Places to be a detraction from those plans. I'd think other invested downtown property owners would find that anything but 'frustrating.'

Further, Springfield's Economic Development Director fully anticipates beginning "Phase II" of square renovations by the deadline of August 1, which will meet the contractual obligation with Kevin McGowan under their agreement, isn't that what she said?:

"I don't have a date for bidding yet, but we feel like we have just enough time to get everything underway so that we could start construction by August 1st.

"If we need to, we can break the canopy out as a separate contract. We already know what we need to do in order to take that down and that would absolutely be the start of construction on repair of the sidewalks, and we've been working with Kevin McGowan, he thinks that this is a really good solution. He obviously wants the sidewalks in front of his building repaired." - Economic Development Director Mary Lilly Smith, June 3, 2008

Why does it seem that some people are trying to make this out to be more of a problem than it really is, unnecessarily worrying the public that the city will end up buying back the Heer's Tower? Is that productive?

Yes, McGowan has a "put option" under the agreement with the city of Springfield that he can force them to buy back the Heer's Tower if they don't begin construction on the redevelopment of the square by August 1.

Yes, the city has double insurance on meeting that deadline. According to Smith, the city will be able to mark the beginning of construction on "Phase II" by starting the process of removing the canopy:

"...that would absolutely be the start of construction on repair of the sidewalks...." - Smith

So, there you go.

We can have our cake and eat it too. We can begin construction of Phase II, by the August 1 deadline, by removing the Halprin canopy, thus taking away the threat of McGowan exercising his "put option" and forcing the city to buy back the Heer's building, and the city will be in a postion to more carefully and fully weigh the decision concerning how best to renovate the Halprin designed portion of the square.

McGowan seems like a smart business man. He takes his time and is methodical about how he proceeds. Usually, less mistakes are made by a person who takes their time and doesn't rush into the decision making process than when one gets in a hurry to make something happen.

Kevin McGowan impresses me more and more all the time. :)

*emphasis mine

Update: Background: McGowan gung-ho about Heer's, April 23, 2008:

"McGowan doesn't seem the least bit concerned.

"That issue (Park Central Square design) is going to be resolved," he said. "The Heer's project is going to get done -- I promise you that.""

Edited content

I decided to edit out the blog I posted in this spot last night. Once in a while I lose focus of what my goal is for this blog.

The issue I posted on earlier was a complicated issue and very much out of the realm of what I'm trying to do here.

Partnership Industrial Center; Springfield-Greene County Health Department: An Integrated Approach to Health Care

View the Power Point Presentation, presented by Director of Health Kevin Gipson and Carmen Bradshaw of the Springfield-Greene County Health Department, at the City Council luncheon today. The presentation was a Community Health Partnership project: An Integrated Approach to Health Care.

There are also details available concerning Partnership Industrial Center West here. Chamber of Commerce senior vice president for economic development Greg Williams informed the Council about the details and took questions from the Council. Williams said the Chamber has no intention of making a profit and merely wants to recover costs of the investment of property.

Source: City Connect, "Healthcare Providers Addressing Health Access Issues"

Movie night - Indiana Jones and the Kingdom of the Crystal Skull

My husband and I went to see Indiana Jones and the Kingdom of the Crystal Skull last night with three other couples. We all really liked the movie. I'm not into doing reviews (not because I can't, but because I don't think my opinion matters any more than the next person's opinion, but there were 8 of us attending together last night and we all greatly enjoyed the movie, so EIGHT opinions, now, that ought to be worth something!). I don't want to give away a single detail. Just go see it.

Mayor Carlson: No medium to get a message out to the public

Hey, we're here! ...And just like the government, we like to think we're here to help the community

We're making phone calls, we're sending email requests for information, we're searching the internet and the libraries for background information so that we can understand an issue and not look like idiots when we report on it, or at least some of us are, and many of us are doing it every day.

Juxtapose this:

"How do you get a message out to the public, to the people that you're elected to represent if you no longer have a medium to do it with?" - Mayor Tom Carlson from his State of the City Report June 5, 2008

With this:

"I’m no longer interested in relaying any corrections beyond something simple and obvious like a Council name misspelling. However, I will also point out...." Public Information Director Louise Whall, as quoted from an email sent to a contributor of this blog. View it in the comment section under: More on 1/8-cent Transportation Tax)

I struggle daily with wondering if I am wrong to point these things out, but, you know, if city officials wouldn't say things like the above, I wouldn't have anything like that TO report.

I'll tell you something, readers, when I reported on what Greene County Commissioner Roseann Bentley said in an interview I did while writing an article for Community Free Press, February 27 issue:

"To be honest with you, when I became county commissioner, I was startled to find that it is, very often three out of the five days a week, a 7:30 or 8 a.m. until 4:30 p.m. job." - Greene County Commissioner Roseann Bentley, February 27 issue, CFP.

I didn't include it in the first, second, third...numerous first drafts, and I languished over the decision to publish it because I knew the detrimental effect it could have on an upcoming election. I literally lost sleep over whether to include it or not, asking my husband, over and over, "why did she say THAT!?" In the end, how could I not report it? Don't voters have the right to know? Don't I have the responsibility to inform them? Yet, I struggle and I stress every day and continue to weigh information and try to give readers the best work I can give them.

Mayor Carlson said yesterday:

"It's not like it used to be, there's not the depth, there's not the scope, there's not the understanding on the part of the media, on the topics that they're covering."

Sure, the media can take a part of the blame for that, but most of the time, I'd wager, the media is doing all they can to get information on any given topic so they can cover something fairly and it's like pulling teeth to get the information sought, then, add the timing issue. Reporters are on a dead line.

I think reporters should take some of the blame, but just as in the case of the police/fire pension plan's underfunding, there's enough blame to go around.

I was hoping I wouldn't have anything to post at JackeHammer today...looks like it just didn't work out. - Jackie Melton

Mayor Carlson: Excerpt from the State of the City Report:

June 5, 2008

"The challenges that this community is facing in trying to get the community to support things have increased many fold.

I (will) probably not make any friends right here, but I'll tell you that our friends in the media don't support the community like they used to. I think I am qualified to say that, not only as a person that's worked as a journalist and as an editor, but also as a person that's worked in public life.

It's not like it used to be, there's not the depth, there's not the scope, there's not the understanding on the part of the media, on the topics that they're covering. On top of that, we have this internet thing that's going on now, with this blogging stuff, where people used to, if you wanted to say something, you had to put your name to it, now, there's this anonymous character assassination that is encouraged in order to sell newspapers or other media outlets. It makes it very difficult to get your message out.

People in this room can tell you questions that a person from the media will ask you about some person in this town that everybody here has known of for years and the person who's charged with covering that has never heard of them.

How do you get a message out to the public, to the people that you're elected to represent if you no longer have a medium to do it with? It's a big challenge, and how do you get, with the amount of time and effort that it takes these days to deal with these issues, to get qualified people to step up to serve? You know, the only thing I'm banking on, and I'm betting on Springfield because this town has always been a town that when you presented a challenge, rose to it...." - Mayor Carlson, from his state of the city report, June 5, 2008.

Listen to the entire podcast here or here.

Bait and Switch on Park Central Square?

This is interesting to me and I think it deserves distinction. Today, June 5, 2008, the News-Leader quoted itself from yesterday, June 4, 2008, in its By The Numbers feature:

"The improvements to Park Central Square's sidewalks in Springfield will be paid for with $800,000 in federal highway funds and the city providing $200,000 in matching funds. - Local architects Butler Rosenbury & Partners will be paid $53,700 for the redesign and documents." - News-Leader, June 4

On June 3, 2008, at the City Council luncheon, which took place at Fire Station 12 on Blackman Road, Springfield's Economic Development Director Mary Lilly Smith said a couple of things:

"...being mindful of our contractual obligation on the Heer's building and the fact that we've generated a lot of interest in having something done to the square through our public involvement process, staff's recommendation is that we re-direct the federal funds to what was initially going to be Phase II, to the perimeter sidewalks, the sidewalks right up against the buildings on the square."

That quote, supports the idea that the federal funds will be used for the perimeter sidewalks, but here's the distinction, as found here (and supported by the tape recording of that Tuesday meeting):

"We will need to engage them (Butler Rosenbury & Partners) to do the construction documents for Phase II. We will owe them some more money, yes, because that was not part of our original contract with them. All of these funds though, in talking with federal highway administration, the money that we spent on Phase I...and this new design money will all count as part of our match to the federal money, you know, the federal money was an 80/20 match, 80 percent federal, 20 percent local...." - Economic Development Director Mary Lilly Smith, June 3, 2008

I can't say whether it means anything or not that Phase I money, money used to develop the construction plans for the Halprin designed interior of the square, is being counted as part of the city's match to the federal money but I think it might.

The city appears, in my opinion, to be making an effort to separate these phases into distinct projects so that they might keep open the option of using private donation money to make changes to the Halprin designed interior of Park Central Square without consideration of state and federal preservation organizations.

If part of the city's match money, to qualify for the federal grant, involves concept and construction design plans prepared for the redesign of that portion of the overall project, designed by world renowned landscape architect Lawrence Halprin and eligible for the National Register of Historic Places, it may tie that federal money to the overall project, making that option impossible. It would take someone more knowledgeable of the federal grant process than I to sort that out. I just thought it deserved noting.

Springfield Skatepark Association/Springfield-Greene County Parks Mitigation: Example of Open and Transparent Government

(sic)

First, read this, from the News-Leader, where an astute commentator noted:

"Near as I can tell, there is no News-Leader "position" in this editorial. I think it might be a story. Or a re-hashing of a story."

Heh, see: JackeHammer: The Stage is Set for Springfield-Greene County Parks to Take Over the Skatepark.

Now, from: Life Of Jason, Pythian Castle & Skatepark Update, posted December 29, 2007, apparently, this statement, made by Springfield's Public Information Office around that time, according to Jason, must have been written before it was decided that all parties would be bound by confidentiality agreements prohibiting them from discussing the negotiating mitigation, Jason wrote:

"The response from the public information office was “You are correct, there is another side to this story. However, while the Springfield Skatepark Association has attempted to try this case in the media, we felt it was not appropriate to air all issues surrounding this matter in an attempt to keep lines of communication open between the parties. We have another round of mediation scheduled for January 8* and we are hopeful this matter can still settle. We want to work with these guys if at all possible. But we don’t feel its appropriate to air any details on the matter until we make this further attempt at mediation. After the January 8 meeting we should be in a position to discuss it more fully.”"*

Sure, thanks for all the detailed information on the negotiating mitigation. The public owes you one.

*emphasis mine, and note: The source of the above quote was http://www.lifeofjason.com/, Jason has given permission to:

"...use information from any posting ONLY if a link to this blog site is provided and printed identification of the location of the information provided or the full web address of the site, www.lifeofjason.com, is mentioned as the source of the information."

Complete Transcript: Economic Development Director Mary Lilly Smith Comments on Park Central Square

From the June 3, 2008, City Council luncheon regarding Council Bill 2008-172.

Council Bill 2008-172

"A RESOLUTION AUTHORIZING City staff to proceed with Phase 2 of the design proposal of Butler Rosenbury & Partners, Inc. for the downtown square area."

Smith:

"As you know, we had contract plans done for the redevelopment of the square and it included three different phases. The first phase, what we were calling the first phase, was the interior of the square. The second phase was the perimeter (and) sidewalk, the third phase was a media tower, a canopy and the interior of the square.

"We went through the section 106 process on the interior of the square to get permission to use the federal funds. The State Historic Preservation Office came back with a determination of eligibility, saying, the square was "potentially" eligible for the National Register (editor note: see Park Central Square Eligible for National Register of Historic Places, according to a May 23, news release from the City of Springfield the square is eligible, not "potentially" eligible for listing in the National Register of Historic Places) and found that our design had an adverse effect on the historic resource, potentially historic resource.

"So, our option at that point, if we were to continue with a project on the interior of the square, would be to enter into a mitigation process with the federal agencies and the consulting parties and to determine how we could continue to, how we could modify, or if we could modify, the design to respect the historic resource or if we wanted to just ignore the historic resource.

"That (mitigation), obviously, will take some time and being mindful of our contractural obligation on the Heer's building and the fact that we've generated a lot of interest in having something done to the square through our public involvement process, staff's recommendation is that we re-direct the federal funds to what was initially going to be Phase II, to the perimeter sidewalks, the sidewalks right up against the buildings on the square. This would include pedestrian lighting, it would include some, potentially, some movement on the exterior curve of the street to get a little bit more space next to the buildings to allow for more outdoor activity.

"We will, what we talked with the federal agencies about, is that we would re-engage the public discussion on the interior square later in the fall and go back to the stake-holders and say, "Okay, now that SHPO (State Historic Preservation Office) has decided, has determined that this is "potentially" eligible for the National Register, (editor's note: again, see City of Springfield News Release) how does that impact the design, you know, and is that something that we need to re-address in the design or how do you want to move forward?"

"We (staff) think it's important, at this point, to move forward with the project on the square. It's federal money obligated, meet our contractural obligation on the Heer's and do the perimeter...."

Question on costs. Had Butler Rosenbury & Partners been paid for Phase II, from Councilman Denny Whayne

Smith:

"No, what, they (Butler Rosenbury & Partners) had done a concept plan that included all three phases but they have not done construction documents on Phase II. We will need to engage them to do the construction documents for Phase II. We will owe them some more money, yes, because that was not part of our original contract with them. All of these funds though, in talking with federal highway administration, the money that we spent on Phase I, which, you know, we may still be able to implement, we're just not going to pursue it at this point in time, but that design money and this new design money will all count as part of our match to the federal money, you know, the federal money was an 80/20 match, 80 percent federal, 20 percent local...."

Question from Deaver regarding compatibility issues. "The thing that has to be compatible is the buildings, themselves, that are around our, the entire area. Have a little bit of discussion about your view of the impact....." - Mayor Pro Tem Deaver

Smith:

"Sure, we actually, when we convened all the agencies in May to talk about the square, we had the State Historic Preservation Office, Federal Highway Administration (FHWA), which is where the money comes from, MoDOT, which is where FHWA funnels the money and then, ultimately, it comes to us. We actually spent some time talking about the perimeter of the square and talking about, how do you, what do you try to make your improvements respect? Do they respect the 1970s Halprin interior or do they respect the buildings that, primarily, were built 1900s to 1920, which, if you talk to the historians, what you'll find out is that almost all the buildings around the square were built in that 20 year period and that was a really significant era of development for our community, and in talking with the State Historic Preservation Office, their strong feeling was that we need to be the most respectful of the structures.

"The sidewalk, the pedestrian lining, is going to be up against those structures (the buildings) and that's really the window that they'll be looking at that from, rather than the interior of the square.

"Now, we showed them what we've done elsewhere downtown, with the window pane sidewalks and the pedestrian lights and said, you know, "we'd like to just carry forward with the same design that we've done elsewhere." They felt very comfortable with that.

"Now, we still have to submit, we still have to go back through the 106 process again with this federal money, but we've had all those initial conversations. They've seen, on the ground, what we've got and they said, "We feel like we can give you a finding very quickly of no adverse impact."

Question from Councilman Burlison, unintelligible

Smith:

"Well, actually, what the state has said, and we won't know for sure until they come back, you know, with their actual determination, but they said that they felt like they would probably give us a finding of no adverse impact on our streetscape, conditioned upon a couple of things and those were probably going to be, and this was, you know, just in the conversation stage, those would probably be that we would have to document the last piece of that canopy, you know, we've taken off three of the four quadrants of the canopy, it turns out the canopy was designed by Lawrence Halprin, but this is kind of, you know, from a policy perspective, this is where you get into the real interesting thing, that (canopy) was designed by Halprin, it was part of that whole design of the square which they've said is historic, but because that canopy is attached to these, or sits in front of these 1910, 1920s era buildiings, it actually makes those buildings not eligible for the National Register. So, it's kind of a paradox there, but, they've said we have to document the canopy before we take it down, which, we have to take it down in order to improve the sidewalks, and then, that would make those properties eligible for the National Register. Most of the remainder of the square is on the National Register already.

"The National Register places no restriction at all on property but it makes it eligible for significant tax credits, and so the state has said they may come back and say, "We'll grant you a finding of no adverse impact provided you write a nomination to place the rest of it on the National Register." We don't have that from them yet, but we think, that's kind of the direction we think they're going...."

Question on time line from Councilwoman Mary Collette

Smith:

"We will submit our section 106 review documents, possibly as early as the end of this week, to SHPO. We've been out taking pictures and gathering information, you know, kind of anticipating we would have this action (approval of Bill 2008-172). So, we will submit that, potentially, the end of this week.

"We will also engage Butler Rosenbury to prepare the construction documents for it (Phase II, perimeter of square) so that we could be in a position to bid and we would be, I don't have a date for bidding yet, but we feel like we have just enough time to get everything underway so that we could start construction by August 1st.

"If we need to, we can break the canopy out as a separate contract. We already know what we need to do in order to take that down and that would absolutely be the start of construction on repair of the sidewalks, and we've been working with Kevin McGowan, he thinks that this is a really good solution. He obviously wants the sidewalks in front of his building repaired."

---end transcript---

Council Bill 2008-172 passed unanimously. Councilman Chiles and Councilman Manley were not present for the vote.