Letter to the Editor: Greene County Commission's actions in Midtown inappropriate

The return of $156,000 in federal funds is just the surface coat of a series of actions by the elected Greene County Commission in conflict with federal law, state statute and local policies related to its effort to put an open-access juvenile detention facility in the Midtown historic residential neighborhood.

The following is a complete accounting of the full depth of this betrayal of the public trust.

Acquisition of the five properties began in January 2001 at a cost of $369,500, funded through fiscal year 1998 and fiscal year 1999 allocations of the federal Juvenile Accountability Incentive Block Grant. Of this amount, two-thirds were funds allocated to the city of Springfield, which the city waived to Greene County.

The commissioners did not advise the administering agency, the Missouri Department of Public Safety, that the project conflicted with city zoning and affected national register historic properties.

Appraisals were not secured on the acquired properties. Based on a subsequent market assessment of the properties, the commissioners overpaid by at least $100,000.

Midtown residents were not advised of the project until May 2001, following acquisition of the properties. No public process was followed to gain required federal, state or local input on the impact of the project on the historic residential neighborhood.

Despite appeals that the project conflicted with city policy as defined by the Midtown and Comprehensive plans, the Commissioners indicated their determination to proceed with the project.

In July 2001, the commissioners were compelled by the administering agency to submit the project for review under Section 106 of the National Historic Preservation Act to determine any effects.

The commissioners acted in conflict with federal law under Section 106 through the anticipatory demolition of the out structures on the properties in September 2001, in advance of the Missouri Historic Preservation Office's report on the Section 106 review. Both the Department of Public Safety and the State Historic Preservation Office advised the county to halt its actions at the time of the demolition.

In October 2001, the Missouri Historic Preservation Office advised the commissioners in its Section 106 review that the project would have an adverse effect on the five National Register properties acquired and on the Midtown National Register Historic District. To date, the commissioners have not responded to the Section 106 review requesting mitigation.

The commissioners did not submit its project to city of Springfield Planning and Zoning for review, despite direct advice from the Springfield City Attorney that it was required by State Statute 89.380. In acquiring the property and proceeding with the project without review by the municipality, the commissioners acted in conflict with the state statute and, therefore, foreclosed on the right to public comment.

In July 2001, Springfield City Council had passed its resolution encouraging all separate taxing entities within the municipality to comply with this state law.

The Greene County Master Plan currently being advanced clearly indicates that the commissioners' plan for the five National Register properties is to demolish them for greenspace. The commissioners have stated they will not submit the Master Plan for city Planning and Zoning review.

In an effort to continue its current course, the commissioners have joined the elected Springfield Public School Board in a friendly lawsuit challenging the prerogatives of the city of Springfield under State Statute 89.380.

Because of the commissioners actions with regard to the properties and violation of the terms of the grant contract, the fiscal year 1999 federal funds were withheld by the funding agency. The Department of Public Safety has now required the commissioners to return the fiscal year 1998 allocation of $156,000, which had been disbursed. These funds were not only lost by Greene County, but were taken out of the entire state of Missouri.

Prior to requesting the return of the $156,000, the Department of Public Safety did provide the commissioners the opportunity to extend the grant period by a year and submit an alternative plan for the juvenile facility in order to retain the funding. However, no alternative plan was submitted.

The cost of |quot|Robberson-gate|quot| is not just $156,000. It's the premium acquisition cost of the properties, the combined loss of the federal funds and other costs related to the project. It's also the loss of the future property tax income stream.

But, more disconcerting, the cost is the commissioners' disregard for due process and ongoing efforts to foreclose on the right to public comment through legal action against the city of Springfield.

On current course, the result will be five lots of green space costing $750,000 in one of Missouri's most endangered historic places. The public trust will be betrayed. And the taxpayers of Greene County still won't have the much-needed juvenile facility.

Richard Lee Burton

President, chief preservation officer

Historic Springfield Inc.