Showing posts with label Becky Spence. Show all posts
Showing posts with label Becky Spence. Show all posts

Wednesday, July 01, 2009

No "Smoking Gun" on Alleged Discrepancy Regarding CU's Application Deadline for Stimulus Funds

I think it unfair to keep City Utilities in suspense any longer. I know they are wondering what I will write about the information it took two Sunshine Law requests and some wrangling to receive from them.

Perhaps this information no longer even matters to the majority of the public, since City Utilities (CU) dropped their plans to possibly use eminent domain to condemn and take Becky Spence's property at 505 E. St. Louis, for the time being. But, I believe there is a single distinction that needs to be made regarding what I had previously characterized as a discrepancy regarding the deadline for CU to apply for American Recovery and Reinvestment Act (ARRA) funds, in order to partially finance the new bus tranfer facility they would like to construct.

There is something I need to clarify for my own (somewhat personal) benefit, and because Mr. Twitty, when speaking to Councilman Ibarra at the City Council luncheon on June 9 said, "You (Ibarra) may not have been here. I think, maybe, the information that you had was on Department of Labor (DOL) funds...."

Twitty might not have known about the mention I made in this entry on June 8, to information I linked from the FTA Web site which stated July 1, 2009 is the "Deadline for submitting first round grants to the DOL for review," however, that was simply mentioned as a secondary source in that previous blog entry, and I would also note, the information fell under a category headed "American Recovery & Reinvestment Act."

That FTA page has since been updated.

The primary source of the July 1 deadline I wrote about was a May 15, 2009, letter. The letter was written by U.S. Department of Transportation Federal Transit Administration Regional Administrator Mokhtee Ahmad, and sent to CU Transit Director Carol Cruise. The letter, according to Becky Spence, was sent to her as an attachment to a letter she received from CU via fax. CU had been reporting the deadline as June 15. I questioned the discrepancy between the July 1, deadline noted in the letter I held from the Federal Transit Administration (FTA) and the June 15, ARRA application deadline CU was reporting.

The May 15 letter from the FTA that Spence provided me, was specifically dealing with ARRA funding. It stated: "We remain very interested in ensuring all ARRA funds apportioned to CU are obligated in grants for CU. July 1, 2009 is the date identified in the March 5, 2009 Federal Register notice as FTA's final date to accept grant applications in order to ensure projects are awarded by September 1, 2009. This date assumes that projects are "ready to go" and be implemented. As of today, this project is not ready for ARRA funding."

It took two Sunshine Law requests to receive the email, dated June 8, which Mr. Twitty read from at a City Council luncheon June 9, as noted in this entry. I'm not sure why CU only provided a portion of the email the first time they answered my request but, a line written by FTA Regional Counsel Paula L. Schwach made it clear there was more to the email than what was first provided. That line read, "I have reviewed the e-mails included below and discussed this response with the Springfield FTA team members."

City Utilities did not provide me with the emails Ms. Schwach included when they first answered my Sunshine Law request so, being the stubborn blogger I am, I sent them another Sunshine Law request, specifically asking that all attachments and inclusions to the original email be included.

After finding out the email Twitty read from at the luncheon was sent the day before the Council lunch, and some time after CU began reporting the deadline as June 15, I inquired as to when CU was first informed of a change in the deadline, knowing that the letter Becky Spence had provided to me was dated May 15. Ms. Hamlin responded, "Information from the FTA regarding the June 15 deadline was mentioned in phone conversations prior to June 8, 2009. However, the information from June 8, which was previously provided by Joel Alexander, was the first written documentation the City Utilities Transfer Station Ad Hoc Committee received from the FTA regarding the June 15 deadline." Hamlin had been out of the office when I filed my first request so, Joel Alexander had responded to it.

Later, when I received the email, in its entirety, Cheri Hamlin prefaced it by writing that in a conference call between the FTA and "our ad hoc committee" held on May 15, the June 15 deadline was discussed. That was the very date of the FTA letter Spence provided.

"On May 15, 2009, a conference call was held between our ad hoc committee and FTA," Hamlin wrote. "The revised deadline was discussed at that time. In addition, another member of our staff, through her work with FTA grants, learned of the revised deadline shortly before this conference call."

Now, before I received the email, in its entirety, I couldn't help but wonder if CU was trying to hide something from the public because, it seemed to be a very difficult and time consuming process to get my hands on a document Mr. Twitty had held in his hands only two days before I filed my first informal and, then, formal Sunshine Law requests.

I wondered why Mr. Alexander requested, at first, and then, later insisted, I fill out a formal Sunshine Law request in order to receive the June 8 document. I was asking for it on June 11. Remember, Mr. Twitty had just read from it on June 9, when Councilman Ibarra asked for a copy of the "something written" Twitty had referred to earlier in the meeting. Twitty's response to Ibarra's second request for a copy had been "Sure," as though it wasn't a problem but, maybe it is for eyes other than my own but, I saw no "smoking gun" when I was finally able to read the entire email exchange between City Utilities and Ms. Schwach.

I will note, I had thought I would contact the Regional Counsel myself, and ask about it because, in my view, it is still a bit confusing and unclear when the actual deadline is, considering CU's Chris Haller wrote, "Most notably, CU is currently expected to meet a June 15, 2009 timeline for inserting all the necessary detail into the on-line grant application document!" But later added, "The actual deadline for having all the information in the electronic file in preparation for official submittal is July 1, 2009," However, that noted, it does not change the fact that in Ms. Schwach's response to CU General Counsel John Black, on June 8, she noted, "With regard to ARRA funding... Grant applications must be submitted to the regional office by June 15, 2009 to assure timely completion of processing."

At any rate, the email exchange between CU officials and the regional counsel was interesting, in my opinion so, since I have it, and since someone, even if it isn't many, might be interested in reading it for themselves, I am providing the email exchange, in it's entirety. I do think the exchange provides valuable insight into the process CU was going through, and that can't be a bad thing.

All phone numbers and email addresses have been removed and the emails have been put in the order in which they occurred. Unless noted otherwise, the people who sent and received emails were City Utilities employees with City Utilities email addresses.

In an email dated June 3, 2009, Chris Haller wrote to CU General Counsel John Black and carbon copied to John Twitty, Wade Stinson, Carol Cruise, Robin House, and Mark Viguet:


John B.,

Below is a summary of what we discussed in yesterday afternoons conference call with Paula Schwach, Counsel for FTA Region 7. Our understanding upon presenting the explanation contained herein, was that she would confer with Mokhtee Ahmad and other staff as necessary, and provide us with an appropriate acknowledgement/reply.

As explained, City Council has engaged in public discussions (at the June 1, 2009 City Council meeting) questioning the appropriateness of using eminent domain to acquire the property at 505 St. Louis (Becky Spence property). While the Board of Public Utilities (City Utilities) has charter/statutory authority to proceed with eminent domain without action by City Council, it appears that the political climate may be shaping up to making such action an impracticality.

That said, here is a brief summary of our phone conversation of June 2, 2009 and/or the answers to the questions posed to Ms. Schwach. These are presented with the general assumption that CU is likely faced with seeking -- and subsequently securing -- yet another site for the facility, perhaps one that is already owned by the City.

Grant Funding Status (5309): Grant funds are presently secure. The grant could again be amended to accomodate a change in preferred site as long as it's within the scope of the original grant language, namely for a downtown transfer station meeting the needs of the ridership. However, FTA will halt our ability to draw on any more grant funds until such time as we can demonstrate that we are prepared to move forward with another site. This would require certain assurances from CU. The burden of all expense (including cost for any additional study) incurred up to the point of demonstrating that we are again prepared to acquire (or have acquired) a site and are ready to proceed with design and construction would be borne locally. The following are the two possible scenarios whereby CU might secure another site.

> Scenario 1: CU starts from square-one with another study to identify a new site, bearing all associated costs for re-doing the study. Based on the cost to perform the original study when we were considering a joint development project with the City(parking garage), that added cost would be expected to be at least $50,000.

> Scenario 2: CU resumes consideration of one (or two) of the top, city-owned sights that were subject to the purview of the most recent study. In this case, CU might be able to provide a summary to FTA of the previous study work, update the NEPA documentation for the re-visited site and obtain an environmental determination with limited expenditure of additional local funds. See background explanation below.

Stimulus (ARRA) Funds: Any stimulus funds CU hoped to associate with this project would NOT BE SECURE. They are subject to a different set of more stringent criteria. Most notably, CU is currently expected to meet a June 15, 2009 timeline for inserting all the necessary detail into the on-line grant application document! CU was planning to use half of the $2.87M of available stimulus funds to supplement this project. The actual deadline for having all the information in the electronic file in preparation for official submittal is July 1, 2009. Using stimulus funds on this project is in jeopardy unless we can resolve the location issue in a matter of days!!!

In the event that we do find it politically impossible to move forward at the St. Louis Street site given the most recent position taken by City Council, we understand that FTA will put our Grant Funding (5309) in a "hold" status until such time as we can provide assurances as outlined above. In the interest of protecting the investment of the Federal Government, we understand that FTA cannot continue to authorize expenditures for activities that have already been completed (i.e. -- feasibility study, NEPA process, etc.)

Brief Background: When CU was pursuing a joint project with the City to build a parking garage along with a bus transfer facility, a site at Boonville and Olive was identified as the best location. This site was -- and still is -- primarily controlled by the City. In fact, when the City abandoned the parking garage idea and CU was faced with proceeding to identify an appropriate site for ONLY a bus transfer facility, this site WAS AGAIN identified as the best, even though a number of additional sites were found to be available and entered into the study process.

Scenario 2 above is presented because there are/were viable, city-owned properties considered as part of the previous study. Some of these properties may still be available and the information contained in the report still current, having been completed and submitted as recently as August of 2008. Our Environmental Finding (DCE) was issued by FTA on August 28, 2008. We at CU are in hopes that we can limit additional expenditure of resources, meet all the necessary requirements and still realize the intent of the original grant -- providing the public transit patrons of the Springfield region with the bus transfer station that is needed. A need that has been demonstrated and proven by the $3.1M grant successfully obtained for this region by Senator Bond and his staff.

Please forward this to Ms. Schwach at your earliest convenience, so that FTA might provide us with the necessary feedback to this summary and any additional guidance as they deem appropriate. City Council has proposed the public forum to discuss the use of eminent domain on Monday June 8, 2009 at 7:00 p.m. It may prove beneficial that we have a discussion with the City Manager, the Mayor, the Chairman of the Board of Public Utilities and perhaps others prior to that public meeting.

To my knowledge, we have not yet approached the City staff with a suggestion to meet prior to the public meeting on June 8, 2009, but feedback from FTA would certainly be pertinant to any and all of these discussions.

Thanks,

Chris


In an email dated June 4, 2009, CU General Counsel John Black forwarded Haller's email and wrote to FTA Regional Counsel Paula Schwach. The email was carbon copied to John Twitty, Wade Stinson, Carol Cruise, Chris Haller and Cynthia Moses (FTA):


Paula, please find forwarded Chris Haller's documentation of our phone conversation of 6-2-09, [above] whereby we indicated Springfield City Council has announced it is concerned with the use of eminent domain. A corollary is that city property, or city controlled property, appears to be now back in consideration. Previously identified sites 2A and 3, which the City had removed from consideration, are being discussed. As you are aware, we are set for hearings on June 11 to proceed with eminent domain for the St Louis street site. We are working toward being able to have an
agreement to be able to avoid those hearings. We would very much appreciate FTA guidance/suggestion on agreements or arrangements we should have in place, or matters we should bear in mind, before we cancel those June 11 proceedings.
One issue is match for land. As you know, City Utilities is part of the City of Springfield, CU governed by its own Board of Public Utilities. The "City" tracts 2A or 3 are owned either by the city or a city created public building corporation. If owned by the City, my understanding is the land could qualify for local match based on approved appraisal, and if CU transferred funds to a City budget, that would be our internal issue. However, if part of all of 2A or 3 is technically owned by a public building corporation, would the federal funds be available directly for acquisition? Or alternatively local match?
Also, please take a look at Chris' memo to check our understandings as stated there.

Thanks for all your help. We consider all this progress, which may be able to move up the time when a new transfer station will be operating in Springfield. Thanks again.

John Black, General Counsel
City Utilities of Springfield, MO
301 E. CentralSpringfield, MO 65802

The information contained in this email message is privileged and confidential attorney/client communication. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this email in error, please notify us immediately at (417) 831-8607, or by replying to the message and deleting it from your computer. Thank you.


In an email dated June 8, 2009, FTA Regional Counsel Paula Schwach wrote to CU General Counsel John Black and carbon copied to John Twitty, Wade Stinson, Carol Cruise, Chris Haller, Cynthia Moses (FTA), Sharon Graves (FTA), William Kalt (FTA), Joan Roeseler (FTA), Cindy Terwilliger (FTA), and Mokhtee Ahmad(FTA):

I have reviewed the e-mails included below and discussed this response with the Springfield FTA team members.

You have asked for FTA guidance on agreements or arrangements which City Utilities as part of the City of Springfield, Missouri (“CU”) should have in place prior to proceeding with eminent domain of a site on St. Louis Street which would be used for a bus, downtown transfer center. What follows are some comments in response to the e-mails and the request for guidance.

1. FTA’s goal is the successful implementation of the bus, downtown transfer center and fulfillment of the purpose for which Congress earmarked funds, now represented by grant MO-04-0120. It is FTA’s intent to delay the amendment of this grant and to hold draw-down of funds under this grant until FTA can be assured that City Utilities has control of an acceptable site pursuant to an FTA NEPA finding related to the specific site. Additionally, for FTA to be certain that CU has the legal, technical and financial capability to implement this project going forward (and given the delays associated with selecting and then rejecting now multiple sites), FTA requests that once CU has again selected or confirmed a site that it provide to FTA: a letter from the Mayor representing that the City supports the specific site selection, confirmation of the scope, new schedule and revised budget for the downtown transfer facility. And we remind CU that while funds are generally available in an obligated grant until spent, this presumes: (a) reasonable progress in meeting the grant purpose, including the schedule; and (b), that Congress does not rescind funding which is either not obligated in a grant (like any pending amendment amounts) or does not rescind funds obligated in FTA grants where certain identified progress goals are not being met. It appears that because of the budget deficit, Congress is now considering rescissions.

2. With regard to NEPA, we advise as follows: The environmental finding issued by FTA on August 28, 2008 was specifically for a transfer center located on St.Louis Street. FTA has not made an environmental finding for a transit center located on Boonville and Olive. Before FTA funding can be used for a transit center at Boonville and Olive (or any other location besides St. Louis Street) NEPA requirements would need to be met. Please provide feasibility and NEPA documentation to support any new location. CU can either update the existing study to address the changes that have occurred since the August, 2008 study was completed or begin a new study process. Note that if CU decides to update the existing documents it is important to be very thorough in addressing all the issues associated with the site selection and each potential environmental consequence area. With regard to site selection it is important that the site selection analysis is updated to reflect the current facts. For example, the August 2008 study indicated that the Boonville and Olive site had fatal flaws. Do those fatal flaws still exist or have the facts changed? We would need also a site plan that shows how any new location will meet public transit needs. NEPA documentation, generally is “site specific”, therefore the environmental analysis to support a documented categorical exclusion would need to be developed for the new site. Please contact Joni Roeseler at 816-XXX-XXX with any questions regarding the feasibility study or NEPA requirements.

3. With regard to site control, we advise as follows: (a) City-owned land would qualify as local match subject to FTA’s acceptance of an appraisal and review appraisal and the value indicated by the appraisal being adequate to provide the necessary 20% minimum share for a Section 5309 grant. (b) CU may transfer any utility tax revenues to the City Budget; it may not transfer either fare box revenue or grant funds to the City Budget in exchange for land which is used for local share in an FTA grant. (c) if land is not used as local share, then the Section 5309 grant can pay for up to 80% of the land so long as there is not an identity of interest between the owner of the land and CU. Since CU is part of the City, there is an identity of interest between CU and the City. With regard to a public building corporation, the question of whether there is an identity of interests is one of state law and FTA would likely request a legal memorandum for its benefit from CU and you as its counsel. FTA would not allow for the City to transfer now to a public building corporation and then back to CU to make some costs otherwise eligible only as donated local share eligible as a direct grant reimbursement.

4. With regard to ARRA funding: while CU has discussed the possibility of funding some costs related to a downtown transfer center with ARRA formula funds, FTA questions whether there is sufficient time to do so. Grant applications must be submitted to the regional office by June 15, 2009 to assure timely completion of processing.


Paula L. Schwach
Regional Counsel


In the end, I do not regret raising the issue and questioning City Utilities about what clearly appeared to be a discrepancy between the ARRA funding application deadline the document from the FTA which Becky Spence provided me specified, and the application deadline which CU was reporting.

The moral of the story, in this case: Communication and transparency can be the government's friend but, they must embrace it.

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Monday, June 08, 2009

CU June 15 Deadline for Stimulus Fund Application at Odds with FTA's Published Deadline

Federal Transit Administration indicates deadline is July 1, 2009

Earlier today, I questioned whether City Utilities [CU] would have time to change course on the site they had selected to build their new bus transfer facility, considering the June 15 application deadline CU has reported it must meet.

Not to be repititious but, on June 4, the City's Web log, "CityConnect" reported, "[City Manager Greg] Burris said he recognizes that City Utilities is on a tight timeline for several reasons, including a June 15 deadline for applying for federal stimulus funding."

Tonight, as I read the letter Becky Spence's legal council permitted she and her assistant to release to me, I wonder what was the origin of that June 15 deadline?

Spence believes the June 15 date CU has claimed as the deadline for applying for American Recovery and Reinvestment Act (ARRA) funding to be a self-imposed date, set by CU, not the federal government. Certainly, the letter I hold, from the U.S. Department of Transportation Federal Transit Administration (FTA) Regional Administrator, appears to affirm that the deadline CU has widely reported does not come from the FTA.

"July 1, 2009 is the date identified in the March 5, 2009 Federal Register notice as FTA's final date to accept grant applications in order to ensure projects are awarded by September 1, 2009," the May 15 letter stated. "This date assumes that projects are "ready to go" and be implemented. As of today, this project is not ready for ARRA funding."

The FTA indicated the project was not ready for funding because, while CU has issued the notice to condemn Becky Spence's property, they have yet to file the petition to condemn it.

"...the FTA will not approve an ARRA grant for construction until CU has filed the petition to condemn the 505 [E. St. Louis Street] property," the letter stated.

Spence said she received the May 15 letter, written by U.S. Department of Transportation Federal Transit Administration Regional Administrator Mokhtee Ahmad to Transit Director Carol Cruise, as an attachment to a May 18, City Utility letter.

An updated media advisory from Director of Public Information Louise Whall states, "The City Council will go directly into a special meeting at noon Tuesday in the Busch Building 4th Floor Conference Room. The meeting will begin as an open meeting with a presentation by City Utilities regarding its site-selection process for the proposed bus-transfer facility. Following the presentation, the Council will adjourn to closed session under the Missouri Sunshine Law exemption for real estate."

The City advisory also notes that the City Council discussed re-scheduling the meeting they had cancelled for Monday, June 8. That meeting was originally scheduled to have a public hearing concerning eminent domain, and to pass a resolution to communicate the Council's feelings about its use. It was cancelled when CU indicated they were willing to reopen the process and consider other appropriate sites for the bus transfer facility.

As of Monday, June 8, CU still had not cancelled a June 11 court date, in which they plan to ask a bankruptcy court to separate Spence's property on St. Louis Street from her other assets so that they can move to condemn it, the first step to acquiring a property through eminent domain.

A visit to the Federal Transit Administration's ARRA Main Page confirms that July 1, 2009 is the "Deadline for submitting first round grants to the DOL for review."

The good news for City Utilities is that they appear to have more time than they have reported. Rather than approximately one week to submit their application, it appears they have roughly three weeks time in which to submit the application. It might have been better for them, however, had they focused on property more available than Spence's property, protected, as it were, by a bankruptcy court.

According to the City advisory, the Council will decide, on Tuesday, June 9, whether to reschedule the special meeting to hear citizen input on the proposed use of eminent domain for 6 p.m., Wednesday, June 10, in Council Chambers at the Historic City Hall.

Spence is convinced they have her interests at heart. "The Mayor and City Council has assured me that they will take a strong stand against the use of eminent domain on my site and they are for economic development," Spence said.

--------------------------------

Writer's note: I made an effort to contact CU Communications Supervisor Joel Alexander today. His office said he would be out of town until Tuesday. In consideration of CU's presentation to the City Council tomorrow at noon, I did not feel it appropriate to hold this entry. I'll be happy to update the information at a later date, as always. - Jackie

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Monday, October 22, 2007

A proud apologist for "the peanut gallery"

All is well in the City of Springfield, Missouri. Rick Baier of BC Development said nothing to embarrass the City and everything to protect BC Development and Rick Baier. He's one of those "very sophisticated people," that Mayor Carlson spoke about, remember?

The fact is, the City got a better deal than they could have gotten (or would get if they reopened the process), just as Carlson said when he spoke at the Council luncheon meeting on October 16:

"...this community is now looking at getting $7 million for something that they could have gotten a heck of a lot less for."

There are members of staff who are celebrating tonight and who will fall into bed later, pull the covers up to their necks and fall off to sleep in blissful peace.

After the flak Mayor Carlson took over his statement about the "peanut gallery," he and Mary Collette made a point to express how pleased they were when a citizen offered critical remarks about the shortfall the city will take in paying off the parking garage that Hammons will soon own and control.

Collette, not long ago, allowed citizens 2 minutes to tell why they opposed the container ordinance and an additional 3 minutes if they had something constructive to say. She told citizens at that special Community Involvement Committee meeting:

"As Chair of this committee, we don’t even always take public comment but I just want you to know that we want to hear from each and every one of you, well, maybe not."


It was nice to see them making an effort to let the public know their comments are welcome. We can hope it was sincere.

But, back to Baier of BC Development, I told my husband over a week ago that I could see two choices for Rick Baier. He could come to the defense of Becky Spence and take on the City of Springfield or he could fire her and throw her under the bus. I didn't understand at the time that Spence was not a partner with BC Development, rather just an associate that BC Development was working with locally on this deal if they should win the bid for land at the former arena site. I'm going to guess that while Baier doesn't need to fire Spence under the circumstances, that he will likely not look to do business with her in the future. I think we should keep in mind that it is in the best interest of Rick Baier to play nice, not simply because he might want to work a future deal with the City of Springfield but because he might like to work future deals with other city governments in Missouri, city governments who have contact at meetings and events with other Missouri state muncipalities. You don't become a "sophisticated person with money to risk" by airing your dirty laundry in public.

Just as in the case of the Heer's deal the city had no choice on this deal and they really SHOULD be thanking their lucky stars they got the deal they got.

David Queen, the Attorney who worked with Mary Lilly Smith in the negotiations of term sheets between Hammons and HCW Evergreen said that the city could go through this process as many times as they wanted to, there was no limit to how many times they could restart the process, but now that all the cards are on the table, now that it is on record that Hammons is the ONLY developer that could make the deal work because of his exclusive right to food and beverage sales, his ownership of the 90' easement and his side deal with Opus to build new offices for BKD on a piece of Hammon's property, the city would NEVER be able to negotiate $7 million if this were reopened for bids again. This is the deal the city has and it's much better than it could have been.

Hammons, in his exclusive interview with KSPR after the luncheon meeting on October 16 made it pretty clear that he didn't much like the idea of building a hotel on the site, that he had concerns about Branson's new airport and the amenities they offer in Branson.

There are a lot of people who will likely be calling on Vincent David Jericho for an apology but I won't be one of them. I think he deserves a big thank you. It's my opinion that Vince has been good for the process. The business of the City of Springfield needs attention and input from its citizens.

If a dull, dry, timid, radio talk show host droned sweetly to his listeners,

"You should go to City Council meetings and stay involved in the process,"


...how many people do you think would have jumped through hoops to attend a Council meeting? How many people would be watching City government and City Council if Vince didn't "go over the wall?"

I don't care if you like Vincent David Jericho or not, I don't care if you like his methods or not, he's made and he's making changes in communications in our city and our community and regardless of whether Becky Spence took him for a ride or not, how many people in this city would be paying attention, be engaged and interested in city government if it weren't for him?

Just like everyone in the opinion business, sometimes you're going to be right and sometimes you're going to be wrong, Vince will be right and Vince will be wrong but even when he's wrong he's still right about one thing, citizens need to pay attention to their government and sometimes, once in a great while (and in the domain of radio talk) maybe the end justifies the means.

So, sure, beat the heck out of Vince if you want to, that's every person's perogative, just be careful, unless you never make a mistake yourself. I'm still a commoner and I still believe in the peanut gallery, my favorite guy is still the little guy and I'd still "bet" on him, not because he's "sophisticated," not because he's got "real money at risk," but because the little guy's opinion matters too. No one should be disparaged unfairly. Everyone deserves respect and if you think Vincent David Jericho hasn't invested his time and put his money where his mouth is in this community then you haven't been paying attention.

If, as a couple of City Council members said tonight, they are happy to hear from the citizens of Springfield, Missouri they should be thanking Vincent David Jericho. They are hearing from many more citizens than they used to hear from and we all know why.

Look, we shouldn't be about the city government vs the citizens of Springfield or the citizens of Springfield vs the city government. When, at all possible, we can give accolades to our city government for doing something right, then we should. Of course we'll always be able to find things that could have been done better. The city is right that they'll never work a deal or pass a bill or resolution that everyone in the city is happy with but if we all pay attention and we all work together then perhaps we can communicate ourselves to a time in the future when we can all celebrate together and isn't that what we all really want? We want good government. The city is saying it wants input from its citizens. Everyone should keep giving that input, not just the people that agree with what the city is doing but also those that disagree, and as Tony Messenger said in a recent column:

"...The best roads laid by government, in my book, are bumpy ones with lots of twists and turns. But we drive there together, like a big family squeezed into a station wagon going on a long summer vacation.

Sure, we'll fight and squirm and lash out at each other every now and then, but that's just part of the fun."


Contention and disagreement are not a bad thing, they are healthy when they are seen through to the end, the end being true communication and understanding.

I think Vincent David Jericho should keep doing his job, city staff should keep doing their jobs, City Council should keep doing theirs and as a citizen of Springfield you need to be doing yours.

Later, we're going to be looking at the statements Baier has made for consistency. I think that'll be interesting too. :)

Ya'll have a good night. Some of you can eat your peanuts now, those that didn't leave them in the seats at City Council Chambers. ;)

Council Bill 2007-335

Vincent David Jericho of KSGF announced this morning that Rick Baier, the Principal of BC Development will be addressing City Council tonight.

According to an October 13 story in the News-Leader, here:


"The potential departure of BKD changes the economics of the project, and it would not be feasible to build only a hotel at the site, both Huffman sand Baier said....

Because Hammons has exclusive control over food and beverage service, a major revenue source, at the expo center as part of an operating agreement he signed with the city five years ago, the out-of-town developers said."



At an October 8 City Council meeting, Becky Spence, a local Springfield partner to BC Development, stated that several City Departments told someone from BC Development that it was a "done deal" and that the city already had a verbal agreement with John Q. Hammons.

And the puddin' got thicker when Baier was quoted by The Springfield News-Leader, here, on October 10:

"Contradicting claims made by his business partner Monday, a Kansas City developer said Tuesday that city officials had not told him a downtown hotel deal was going to John Q. Hammons.

"No, it wasn't inside the City Hall," said Rick Baier, principal of BC Development, a day after Becky Spence said in front of the Springfield City Council that city employees told the firm about Hammons having locked up the deal.

Baier said sources outside City Hall led him to believe that Hammons, a well-known Springfield developer, would get the job on a piece of city-own property."


On October 12, City Manager Bob Cumley wrote that Spence's "unfounded allegations made in a public meeting impugn the integrity of all city employees....To have someone make false statements in a public meeting is totally unacceptable and will not go without response." The letter demanded an apology from Becky Spence.

Jericho has been telling his listeners the last page of this story has not yet been written. Today he is calling for "the peanut gallery" to attend tonight's City Council meeting. He has suggested that patrons of the peanut gallery bring peanuts with them since they were mentioned by Mayor Carlson, albeit not specifically, at a Council luncheon on October 16 where the term sheet for the sale of the former arena site to John Q. Hammons was revealed, Carlson said:

"Any day of the week, I'll bet on people that have got real money at risk, time, money and effort to spend as opposed to the people from the peanut gallery."


See the quote in context here.

After a public hearing tonight the City Council is expected to vote to accept the terms of the agreement for the sale of the former arena site and parking garage to John Q. Hammons.

"This is the beginning of the end of the Care Bears," says Jericho.