JackeHammer

Let us give thanks....

2009-11-25T09:58:00.002-06:00

Do you believe in miracles? I do, and I think I, and a few others, have witnessed one recently.

My last post, my only post in ages, was a prayer for my friend Jackie. She was at death's door, literally. I posted that prayer, repeated it too many times to count through the day, layed my soul bare for our Lord as I cried and pleaded for His Mercy on my friend. I know there were many, many others who were doing the same thing, too.

Later that evening, unexpectedly, Jackie took a turn for the better. She went from being a lady the doctor didn't expect to survive through the night to one who woke up, began interracting with those around her, registering voluntary movements along with voiced complaints like "Ouch!" when she didn't like whatever poking or prodding was being done her, to the full-of-life lady who is today, at this very moment, sitting up, smiling, communicating and reading her get well cards.

God is good, full of grace and mercy. Do not doubt it.

A friend recently said there is no better way to begin Thansgiving week than with the news of this unexpected turn-around. I couldn't agree more! This Thanksgiving is extremely special and I, along with everyone else who Jackie has touched, am extremely thankful.

Welcome back, Sis, may you keep progressing in your recovery and come home to all of us who love you soon.

For Jackie

2009-11-22T09:56:00.002-06:00

Dear Lord,

You know Jackie so much better than I do. You know her sickness and the burden she carries. You also know her heart.

Lord, I ask you to be with her now, working in her life. Let your will be done in her life. Lord, I pray for Jackie because your Word says I should pray for her healing. I am desperate for her to be healed and returned to me, to be a part of my life. I need her, Lord, please forgive my selfishness for wanting to keep her here if that is not your will.

I believe you hear this earnest prayer from my heart and that it is powerful because of your promise. I have faith in you to heal my friend, but I also trust in the plan you have for her life.

Lord, I don't always understand your ways and why Jackie has to suffer, but I trust you. Please, Lord, look with mercy and grace toward her. Nourish her spirit and soul in this time of suffering and comfort her with your presence. Comfort those close to her now, Lord, and ease their hurt.

Let them know you are there with them through this difficulty. And may you be glorified in Jackie's life and also in mine.

Amen

City of Springfield Weekly Calendar: October 19-October 23

2009-10-19T08:22:00.003-05:00

Monday, 10/19/2009

12:00 PM Library Board Finance/Personnel Committee Library Center , 4653 South Campbell Contact: Debbie Eckert, (417) 883-5366

6:30 PM Town Hall Meeting [on Community Improvement Districts] Hosted by Councilmen Nicholas Ibarra, Doug Burlison and State Representative Eric Burlison Brentwood Library , 2214 Brentwood Boulevard Contact: Brenda Cirtin, (417) 864-1650

Tuesday, 10/20/2009

12:00 PM *Council Lunch Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654 [Jackie's note: The Public Information Office announced last week, the City's cable T.V. station, CityView, will be airing City Council lunch meetings. You will find a link for CityView's Web site in the sidebar of "JackeHammer," under Springfield's TV23].

3:00 PM Airport Board Administrative Committee Springfield/Branson National Airport , 2300 North Airport Boulevard Suite 100 Contact: Terri Winchester, (417) 868-0500

4:00 PM Library Board Ash Grove Branch Library , 101 E. Main Street, Ash Grove Contact: Debbie Eckert, (417) 883-5366

6:00 PM Police Fire Pension Fund Citizens Task Force Sub-Committee Busch Municipal Building, 2nd Floor East Conf. Rm., 840 Boonville Contact: Brenda Cirtin, (417) 864-1650

Wednesday, 10/21/2009

3:00 PM E-911 Advisory Board Greene County, Commission's Conference Room, 940 North Boonville Contact: Debbie Moore, (417) 864-1719

5:30 PM Mayor's Commission on Human Rights Missouri Career Center , 1514 South Glenstone Contact: Bob Hosmer, (417) 864-1834

6:30 PM Commercial Street Task Force Busch Municipal Building, Fire Station No.1, 720 East Grand Contact: Anita Climer, (417) 864-1654

Thursday, 10/22/2009

8:00 AM Airport Board Springfield/Branson National Airport , 2300 North Airport Boulevard Suite 100 Contact: Terri Winchester, (417) 868-0500

7:00 PM Planning and Zoning Commission Old City Hall, Council Chambers, 830 Boonville Contact: Mike MacPherson, (417) 864-1831

Friday, 10/23/2009

9:00 AM Commercial Street Community Improvement District Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Donnie Rodgers, (417) 880-3435

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October 20, City Council Lunch - TENTATIVE AGENDA

1. Continued discussion of Council Bill 2009-253 (Police Fire Pension Board)

2. Any and all matters to come before City Council

Source: City of Springfield Public Information Office (Reformatted)

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Associated Press should have Identified the Source of Information used to Insinuate Treasurer Clint Zweifel is Hypocritical or Broke State Law

2009-10-17T11:25:00.007-05:00

State Treasurer Zweifel, a Democrat, also serves as the chair of Missouri's Housing Commission (MHC)

An "Associated Press" article in Saturday's "Springfield News-Leader," declares:

Treasurer accepts cash from developer
Zweifel backed new ethics rules requiring conflict disclosure

What the AP article tells you is that Zweifel supported state law mandating individual MHC members should disclose potential conflicts of interest, and then recuse themselves from the decision making which could be affected by such conflicts.

Then, as if disconnected from Zweifel's backing of the requirement that conflicts should be disclosed by members, the AP reported that Zwiefel accepted campaign contributions from people who had applied for tax credits which would be awarded by the commission on which he serves.

The kicker comes in the last paragraph of the article, when the AP states that Zweifel told "the newspaper" that lawmakers need to make a decision regarding whether elected officials, who under our current system depend on contributions to run their campaigns, should be prohibited from accepting campaign contributions if they serve on commissions awarding tax credits. Zweifel believes, according to the AP report, that policy should be consistent across the board for those who serve on commissions with a potential to judge who should receive tax credit awards.

What troubles me is that the report does not state how the AP or "newspaper" received the information and/or whether Zweifel was the one to disclose it. Also unnoted is whether Zweifel continued to be involved in any decision making regarding tax credits involving the named campaign contributors after the contributions were received. If Zweifel reported the conflict and recused himself from making a decision regarding the award of tax credits by the commission, he has followed the law he backed, which apparently, at this time, does not prohibit commissioners who deal in awarding tax credits from accepting campaign contributions from people who have applied to receive those tax credits.

The AP might have sensationalized it in their headline, in my view, casting aspersion on Zweifel rather than the system and process, or the lawmakers who define it. Zweifel is right in calling on lawmakers to make a decision about whether those who serve on tax credit awarding commissions should be allowed to accept campaign contributions. If they are not prohibited from doing so, which appears to be the case, then why did the AP set it up to insinuate Zweifel is doing some kind of shady, under the table sort of transaction with someone who might benefit from the current system? Where's the problem if Zweifel disclosed the conflict and recused himself from decision making?

On the other hand, if Zweifel did not disclose the conflict and did not recuse himself from decision making regarding the award of tax credits after he had received campaign contributions from applicants, it certainly would be a problem for Zweifel but, the AP simply doesn't give us enough information to support the insinuation they appear to be making.

Poor reporting all around, if you ask me. It raises far more questions than it answers.

Some people believe the issue of Missouri Housing Commission tax credits is even more complicated.

In an October 14 article, AP reporter David Lieb revealed two residents of St. Louis have filed suit, questioning the state constitutionality of the tax credits currently being awarded to private developers for large redevelopment projects. The suit also questions the constitutionality of recent expansions of topics under the law, reaching, the suit charges, past the original intent of such tax credit awards.

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BREAKING: Ruell Chappell Plans to Challenge Sara Lampe for the 138th District

2009-10-15T08:44:00.002-05:00

Chappell announced his intentions at a Well-Fed Neighbor/Well-Fed Neighbor Farmers' Cooperative meeting on October 14

Springfield, MO - Ruell Chappell wants to unseat incumbent Sara Lampe in a run for the 138th district. Chappell said he will run on much the same platform that is resonating among farmers, growers, and sustainability advocates across 27 southwest Missouri counties. That message is the simple message of food and jobs delivered by the "Well-Fed Neighbor Alliance" (WFNA). Chappell is a co-regional coordinator of the WFNA, but you might remember him better as a member of the "Ozark Mountain Daredevils."

"I'm in it to win. It's a natural next step for our cause," Chappell told "JackeHammer" after the meeting. "There's not a person in this town who wouldn't agree we need a better economy."

Chappell believes the way to grow the economy in Missouri, is to produce, buy, and compete in the local market with local grown food, creating more local jobs. As a result, he says, that local money stays in our local economy.

"Everyone else is status quo," Chappell said. He wants to be pro-active in stimulating the economy, rather than waiting for the economy to turn around, which is what he thinks is the current stance of "status quo" politicians.

"If we want an economy, we have to make it," he said. "Local food will secure a local economy."

Chappell said he plans to run as an independent.

Sara Lampe, a Democrat, has been the 138th district representative since 2004.

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Missouri State Rep. Burlison and Springfield City Councilmen Ibarra and Burlison to Hold Town-Hall Meeting Discussing Community Improvement Districts

2009-10-14T12:10:00.003-05:00

A City news-release was generated to announce Councilmen Nick Ibarra and Doug Burlison, along with State Rep. Eric Burlison, "will co-host a Town Hall meeting focusing on the topic of Community Improvement Districts [CIDs] on Monday, Oct. 19."

The meeting, which will be held at the Brentwood Library, is open to the public. Doors open at 6 PM with the meeting scheduled to start at 6:30.

From the news-release:

Rep. Burlison, R-136, will open the forum with background on the state's role in CIDs, followed by Councilmen Ibarra and Burlison discussing the City of Springfield's involvement in CIDs....

The Councilmen will discuss proposals for signage notifying patrons at locations where CIDs are in effect in Springfield and Rep. Burlison will talk about ideas he is considering for CIDs at the state level.

There will also be a question and answer session at the end of the meeting.

The news-release advises, if you have questions about the meeting, you should contact Zone 1 Councilman Nick Ibarra at 773-9441.

The City also provided a link where you can find more information about the CIDs in Springfield.

The Brentwood Library is located at 2214 Brentwood Blvd.

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Springfield Should have Limited Focus to Passing Pension Sales Tax in November

2009-10-12T10:10:00.007-05:00

Attempt to stage November's ballot language to enable the city to influence a future sales tax repeal vote may threaten passage of pension sales tax next month

Springfield, MO - There has been repeated reference made by City attorney Dan Wichmer that state statute restricts and limits what the city may, or may not, include in the ballot language of a sales-tax initiative to fund the police and fire pension plan. What is interesting are the deviations from the ballot form RsMo 94.579 has indicated the city must "for the most part" follow. Why oh, why, do they chose the deviations they choose? (Well, keep reading.)

RsMO 94.579 states:

The ballot of submission for the tax authorized in this section shall be in substantially the following form:

Shall ...... (insert the name of the city) impose a sales tax at a rate of ...... (up to one) percent, solely for the purpose of providing revenues for the operation of public safety departments of the city?

Other than a yes box, a no box, and some voter instruction, that's it...the end.

Had the City of Springfield, and its City Council, which approved the City of Springfield's official ballot language on August 24, stopped with the first part of the paragraph, which reads:

“Shall the City of Springfield impose a sales tax at a rate of three-quarter of one percent (3/4-cent) solely for the purpose of providing revenues for the Springfield Police Officers’ and Firefighters’ Pension System,"

...my yes vote would have been secure but, they didn't stop there, instead, they added:

"with said tax to sunset upon the Pension System fund reaching a fully-funded (100%) status as determined by an independent actuarial study conducted for the Pension System Board of Trustees?”

With that, and a heavy heart, my no vote was secured, instead. A heavy heart because I do recognize the importance of the tax being passed, it is the reason I voted in support of the failed February pension sales tax of 1 percent.

The ballot language has been troublesome for many citizens, and personally, I think if public confusion rises to the level the City Manager feels it is necessary and appropriate to initiate passage of a City Council resolution clarifying the language, then there is an obvious and very real problem with it (see: Council Bill 2009-254, purpose and explanation).

The reason the second half of the ballot is troublesome to me rests in its potential to make me a liar in 2014, should I wish to make the decision to repeal the tax.

By voting yes on "question 1," I would not only be approving the 3/4-cent sales tax to fund the pension plan but, in my view, I would, in essence, be endorsing funding the pension plan to a 100 percent funded ratio before I would vote to repeal the tax.

Since I do not believe that full funding is either necessary to reach the city's goal, and question whether it is the best funded ratio by which the city could reach their goals, I am uncomfortable with endorsing a 100 percent funding of the plan.

A couple of things stop me from committing to endorsing paying the sales tax until the pension plan is funded at 100 percent.

1. The city is under no threat of the state withholding sales tax revenue to fund the pension plan, so long as the pension plan is funded at a 60 percent or higher ratio.

2. Milliman actuaries recommended the funded ratio which would best reach the city's long term goals as 90 percent, when they performed a study prior to the failed February vote.

"Under both 6 percent and 7.5 percent [investment return] scenarios, funding to the 100 percent target appears to overshoot the desired results long term," the Milliman actuaries advised. "The 90 percent target scenarios seem to better match the desired long term outcomes." - Nov. 19, 2008 issue, "Community Free Press," page 2)

I also resent what I perceive as an effort, on the city's part, to set up language today which will more than likely be used to coerce or guilt the public into approving it again, five years from now.

If I can be even clearer: I planned to vote in support of a 3/4-cent sales tax to fund the police/fire pension plan but, because, instead of placing a straight-forward and focused question before me, the city wrote language with an eye toward influencing my vote in five years, I will be unable to vote in support of the over-all question. I hope they have not ensured this sales tax initiative's failure.

They lost my affirmative vote by over-reaching what should have been the clear-cut objective of simply passing THIS sales tax initiative on THIS day (November 3).

It truly was a yes vote that was the City's to lose.

Disclaimer: I have not written this post to try to influence the vote of any other Springfield resident. I simply cannot, in good conscience, support the ballot language of "question 1," as it was crafted.

Related: "Law sought to give Springfield voters voice in funding choice" - Source: "News-Leader.com"

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City of Springfield Weekly Calendar: Oct. 12-Oct. 16

2009-10-11T23:38:00.003-05:00

Monday, 10/12/2009

12:00 PM Partnership Industrial Center West Administrative Council Chamber of Commerce , 202 John Q. Hammons Parkway Contact: Greg Williams, (417) 862-5567

6:30 PM City Council Meeting Old City Hall, Council Chambers, 830 Boonville Contact: Brenda Cirtin, (417) 864-1650

Tuesday, 10/13/2009

8:30 AM Library Board Buildings & Grounds Committee Kirkpatrick, Phillips, & Miller CPAs , 2003 E. Sunshine Contact: Debbie Eckert, (417) 883-5366

9:00 AM Board of Equalization Greene County, Room 113, 940 North Boonville Contact: Richard Struckhoff, (417) 868-4055

12:00 PM Council Lunch* Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

2:00 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

5:00 PM Watershed Work Session Watershed Offices , 320 North Main Contact: Loring Bullard, (417) 866-1127

5:30 PM Sherman Avenue Project Area Committee Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Marti Fewell, (417) 864-1039

Cancelled due to lack of a quorum - 6:00 PM Police Fire Pension Fund Citizens Task Force Subcommittee Busch Municipal Building, 2nd Floor East Conf. Rm., 840 Boonville Contact: Brenda Cirtin, (417) 864-1650

Wednesday, 10/14/2009

8:00 AM Downtown Springfield Community Improvement District Board of Directors Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Barb Baker, (417) 831-6200

Cancelled 8:00 AM Workforce Investment Board Marketing Committee Missouri Career Center , 1514 South Glenstone Contact: Karen Dowdy, (417) 887-4343

(Added 10/13) 5:00 PM Special City Council meeting (closed for real estate and litigation) Busch Building 4th floor conference room.

5:30 PM Landmarks Board Old City Hall, Council Chambers, 830 Boonville Contact: Daniel Neal, (417) 864-1036

6:00 PM Commercial Street Task Force Fire Station Number 1, Community Room, 720 East Grand Contact: Anita Climer, (417) 864-1654

Thursday, 10/15/2009

8:00 AM Springfield Convention & Visitor's Bureau Board of Directors Jordan Valley Park , 411 North Sherman Parkway Contact: Tracy Kimberlin, (417) 881-5300

12:00 PM Ozarks Transportation Organization Board of Directors Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Tim Conklin, (417) 836-5482

3:30 PM Tree City USA Citizen Advisory Committee Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Benjamin Kellner, (417) 864-1178

Friday, 10/16/2009

9:30 AM Public Housing Authority Madison Towers, Northeast Meeting Room, 421 West Madison Contact: Tom Barnett, (417) 866-4329

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*October 13, City Council Lunch Tentative Agenda

1. Follow up to City Council meeting held on October 12, 2009

2. Update on status of Wonders of Wildlife

3. Any and all matters to come before City Council

Source: City of Springfield Public Information Office (Reformatted)

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P & Z to Refer Urban Garden Text Amendment to City Council

2009-10-09T14:56:00.002-05:00

and what's "JackeHammer's" opinion regarding the amendment?

Thursday night, as readers of "JackeHammer" know, the Planning and Zoning Commission (P & Z) held a public hearing regarding the proposed text amendment that was unanimously recommended to them by the urban garden task force.

The P & Z Commission, in turn, unanimously voted to recommend that text amendment for consideration by the Springfield City Council at Thursday night's meeting. P & Z anticipates the proposed text amendment will be presented to the Council for first reading and public hearing on October 26.

Having stayed up to date on the issue and having reported on it extensively as the process has unfolded, I figured some of my readers would like to know my opinion on the proposed text amendment. I am allowed to have an opinion, you know? ;)

When I got home last night and looked at some of my favorite news links, I noticed that the "Show-Me Institute's" official blog, "Show-Me Daily," had weighed in on Springfield's urban garden issue. Since I had an exchange with Show-Me blogger Sarah Brodsky, in which my opinion on the amendment was outlined, I would refer you to that Brodsky entry and the comment section where my opinion was expressed. I also would refer you there because I thought the exchange between Brodsky and myself was interesting and she brings yet another opinion to the issue.

If you have any comments, please address them here, I might not, immediately, see them if posted at "Show-Me Daily," though I will try to check in periodically.

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P & Z to Hear from Public on Urban Garden Task Force Recommendations Tonight

2009-10-08T15:59:00.002-05:00

As written about in this previous "JackeHammer" (JH) entry, the Planning and Zoning Commission (P & Z) will take public comment tonight as they review and discuss the Urban Garden Task Force's recommendation.

Here's a recap of some of the details from the earlier JH posting. You might find the information useful if you want to address the Commission tonight:

The Urban Garden Task Force voted unanimously to recommend a City staff prepared, proposed text amendment to the Planning and Zoning Commission (P & Z) for consideration when the task force met on September 22. The task force's approval came with one section change, reflected at Section 5-3002 (E) of the recommended amendment.

Rather than restricting hours of operation from sunrise to sunset as the draft had specified, the proposed section was changed to allow operation from 1/2 hour before sunrise until 1/2 hour after sunset. One other change to the same section allows gasoline powered equipment to operate on the same schedule. The draft text amendment originally allowed mechanical, gas and electric equipment use only from the hours of 8 a.m. to 8 p.m.

Under the proposed amendment, "Personal Gardens" and "Community Gardens" will be allowed in any and all zoning districts in Springfield. Neither will be allowed to sell produce to the public on-site.

Other than the prohibition of on-site sales, personal gardens can be cited under the nuisance ordinance of City Code for the same things for which all City residents may be cited, such as odor, noise, high weeds, grass, etc. There were no additional restrictions applied to personal gardens.

Community gardens face a few more restrictions. The owner or proprietor of the property will be required to file an application with the Director of Building Development Services but, not without reason, considering they have more potential to be a source of complaint to the neighborhoods where they will be tended than personal gardens tended by a single property owner or family. There will also be a no to minimal-cost permit required.

The proposed restrictions on Community gardens apply to: Accessory structures (not to exceed 40 percent of the lot area); placement of accessory structures; hours of operation; signage; storm water, sediment and erosion; odor emissions; high weeds and grass; compost and material storage areas; lighting; noise; vision obstruction; and parking (if cultivated area exceeds 1 acre in size).Commercial gardens and Farmers' Markets were also defined and regulated under the proposed amendment....

The P & Zoning public hearing will be held on Thursday, October 8, at 6:30 p.m. in the City Council Chambers.

If the P & Z Commission approves the Urban Garden Task Force's report and attached amendment, the Commission anticipates the City Council will hear first reading of a bill seeking their approval of the text amendment, and take public comment at their October 26 meeting. That would mean the Council would likely vote on the ordinance on November 9, after second reading of the bill.

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Police and Fire Pension Fund Year-End Report Released

2009-10-07T15:28:00.001-05:00

The year end actuarial valuation report for the Police and Fire Pension Fund has been released.

A City of Springfield News Release states, in part:

As of June 30, 2009, the plan's market-value funded ratio is 35.5 percent.

"The Plan's funded status is steadily and significantly eroding," the report states, suggesting that the funded status would be improved by increased contributions, improved investment returns, reduction in future benefit liabilities or a combination.

Read the entire report here.

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Approval of $50 Million Springfield Public School Initiative does not Guarantee Federal Stimulus Funds

2009-10-07T12:38:00.004-05:00

Last night, I read with interest Brian Brown's article, "Pay longer, build now," regarding the $50 million bond initiative the Springfield Public School Board seeks the tax-payer to approve in the upcoming November election. The article can be found in the October 7, issue of the "Community Free Press (CFP)."

In the column, Brown wrote, "The $50 million bond issue will utilize $5 million to $7 million in federal stimulus money to fund a number of construction and air-conditioning projects in the district."

You see, what was unclear in Brown's article in CFP, was whether the federal stimulus money had been applied for and is guaranteed if the voters approve an extension of the previously, voter-approved tax levy.

Brown pointed out in the article that voter approval of the November bond initiative will extend the 2006 debt-service levy by four years, or until 2030. The debt-service levy, otherwise, is anticipated to be paid off in 2026.

Superintendent of Springfield R-12, Norm Ridder told Brown for the article in CFP, "The community has to pass the bond initiative for us to get the stimulus money." Ridder also indicated the board hadn't really planned to seek a bond initiative in 2009, "The board was not going to go for any kind of initiative this year, but then there was a stimulus package that came forward from the federal government."

Having just written an opinion piece at "JackeHammer," in response to Springfield School Board president Gerry Lee's recent "Voice of the Day" column in the "Springfield News-Leader," and having been the recipient of a response to that opinion piece, in the comment section of that entry, by Springfield Public Schools Community Relations Manager Teresa Bledsoe, I decided to call her with some questions.

I inquired as to whether the SPS Board, or its representative(s), had applied for federal stimulus money related to the bond initiative which will be on the ballot in November.

"We have to approve a bond issue before we can apply," Bledsoe said.

According to Bledsoe, there were $149 million in federal stimulus funds available in the Qualified School Construction Bond Program in 2009 and another $141 million will be available in 2010.

SPS does not qualify for application for those federal funds unless a bond initiative is passed within a certain time frame. Existing bond initiatives do not qualify Springfield to apply for the stimulus funds held in the Qualified School Construction Bond Program.

When asked if there was any guarantee that SPS would be awarded the $5 - $7 million Brown's article claims the bond issue will utilize, Bledsoe referred me to the confidence of the SPS Board's financial advisor George K. Baum.

"He feels fairly confident that we would receive at least $5 million," Bledsoe said.

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Trunk or Treating???

2009-10-06T12:32:00.000-05:00

If you will be participating in a "Trunk or Treat" this year, like I will be, here's a great site with pictures and links to other sites to help you get your creative juices flowing.

Trunk or Treat Decorating

Enjoy!

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Tit for Tat on School District Numbers

2009-10-05T10:53:00.004-05:00

Opinion

Since I posted a link to Tom Gargus' "Voice of the Day" column, "Numbers don't back district's claims," as a recommended reading the day it came out in the "Springfield News-Leader," I feel I should also post President of the Springfield School Board Gerry Lee's response, "Numbers don't add up in criticism of district," of the same source. But, I have to tell you, since we all know numbers can be manipulated to make certain points, and since Tom Gargus spent over $100 in Sunshine Law requests and, more than likely, considerable time researching and analyzing the results of those requests, along with information available at the School District's Web site [according to the News-Leader], I think it might have been appropriate for Mr. Lee to explain why Gargus' numbers were wrong, instead of an equally appropriate exploration and interpretation.

Lee could have made his point in a more humble and respectful manner than he did, and Gargus, after spending considerable money and time in researching and analyzing the issue, was deserving of a more respectful attitude.

For instance, why would enrollment data present a more accurate picture than actual attendance data? Mr. Lee accuses Mr. Gargus of being deceitful for applying attendance data, but offers no explanation about why the use of attendance data offers an "inaccurate" and "deceitful picture," whereas Lee's choice of enrollment data would offer an accurate one.

I felt the president seemed to accuse, or imply that Mr. Gargus was intentionally providing misinformation, being purposely deceptive and simplistic.

I seem to remember, when the bond was passed for air-conditioning the schools, there was talk about all the schools being air-conditioned. My memory is certainly not perfect, but that is the way I remember it. I don't remember it as being a promise to air-condition a certain number of schools, rather I remember it as being a promise to air-condition all the schools. Now, if that isn't the case, I'll be happy to correct myself. I'm not posting such a comment as intentional misinformation, or a deception of the facts.

I'm not sure that Mr. Lee could have been more condescending and accusatory than he was in his rebuttal of Gargus' column. I can understand that Lee might have taken Gargus' accusations personally, however, they were not a personal attack on a person, they were, after monetary expense and sacrifice of time, an editorial commentary of Mr. Gargus' understanding of the issue. An issue, I might add, that involved considerable expenditure of tax-payer dollars.

I'm simply saying Mr. Lee's response could have been much more tactful and presented a better educational opportunity for all readers of the paper in the process, instead of seeming so adversarial and defensive.

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City of Springfield Weekly Calendar: Oct.5-9

2009-10-05T09:36:00.003-05:00

Monday, 10/5/2009

8:30 AM Library Board Programs/Services/Technology Committee Library Center , 4653 South Campbell Contact: Debbie Eckert, (417) 883-5366

Tuesday, 10/6/2009

8:00 AM Mayor's Commission for Children Community Foundation , 425 E. Trafficway Contact: Denise Bredfeldt, (417) 864-1656

12:00 PM [Please Note Location Change] *Council Lunch Missouri Hotel, Lobby, 420 E. Commercial Street Contact: Anita Climer, (417) 864-1654

1:00 PM Police Civilian Review Board Busch Municipal Building, 2nd Floor West Conf. Rm., 840 Boonville Contact: Francene Marchant, (417) 864-1791

1:30 PM Board of Adjustment Old City Hall, Council Chambers, 830 Boonville Contact: Matt Schaefer, (417) 864-1100

2:30 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

5:15 PM Environmental Advisory Board Springfield/Greene County Health Department, Basement Conference Room, 227 E. Chestnut Exp. Contact: Karen McKinnis, (417) 864-1623

6:00 PM Police Fire Pension Fund Citizens Task Force Subcommittee Busch Municipal Building, 2nd Floor East Conf. Rm., 840 Boonville Contact: Brenda Cirtin, (417) 864-1650

Wednesday, 10/7/2009

5:30 PM Commercial Street Task Force Midtown Carnegie Branch Library, Basement Conference Room, 397 East Central Contact: Anita Climer, (417) 864-1654

Thursday, 10/8/2009

8:30 AM Police and Fire Pension Review Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Evelyn Honea, (417) 864-1002

5:30 PM Building Trades Certification and Examination Board Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Nick Heatherly, (417) 864-1059

6:00 PM Art Museum Board of Directors Art Museum , 1111 East Brookside Contact: Jerry Berger, (417) 837-5700

6:30 PM Planning and Zoning Commission Old City Hall, Council Chambers, 830 Boonville Contact: Mike MacPherson, (417) 864-1831

Friday, 10/9/2009

8:30 AM Springfield/Greene County Park Board Dickerson Park Zoo , 1401 W. Norton Road Contact: Jodie Adams, (417) 864-1049

12:00 PM City Council Finance and Administration Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Lisa Harley, (417) 864-1443

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*TENTATIVE COUNCIL LUNCH AGENDA [Please note the Council lunch will be held in the Missouri Hotel Lobby located at 420 E. Commercial Street on Tuesday, rather than at the Busch building]

1. "Tuesdays with The Kitchen" Presentation of Programs & Campus Tour - Lisa Hamaker

2. Any and all matters to come before City Council

Source: City of Springfield Public Information Office [with format editing]

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Sunday Reading: Dr. Charles Stanley on Addressing and Confronting Conflict Wisely

2009-10-03T20:40:00.003-05:00

Because everybody faces conflict

"Addressing Conflict Wisely" - "In Touch Ministries" - Dr. Charles Stanley 2009

Further reading: "Confronting Conflict," source: "Life Principles Notes" by Dr. Charles Stanley (pdf)

Note: This post is intended to be a resource for Christians but, others may find it interesting and helpful too.

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More Garden News: Rutledge-Wilson Farm Park Leases Almost a Third of Available Garden Plots

2009-10-02T10:57:00.004-05:00

According to an article in the Friday edition of the "Springfield News-Leader," the Springfield-Greene County Parks Department has leased 19 of the 60 garden plots it is making available to the public since kicking off the pilot program last month.

The 8 x 16 and 16 x 16 plots may be leased for $25 and $40 on an annual basis, respectively. Those signing up will have an option to renew their lease annually.

News-Leader reporter Wes Johnson laid out the particulars:

The Park Board provides soil, fencing, water access and a sign for each plot.

All food grown is the property of the plot's renter. Each participant is responsible for maintaining weed control, providing all seeds and other equipment required to grow a garden and removing debris at the end of the growing season.

"The goal of the new Urban Gardens program is to offer a space for people to grow fruits, vegetables or flowers, who otherwise don't immediately have the space available in their own backyard," said Parks Director Jodie Adams.

"They will also offer an opportunity for youth field trips to see and participate in a working garden, along with generally providing fellowship with others and recreational, exercise and therapeutic benefits to our community."

An urban garden program guide and application is available directly on the Park Board's Web site at www.parkboard.org.

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P & Z Commission to Hold Public Hearing on Proposed Urban Garden Text Amendment

2009-10-02T01:30:00.002-05:00

Task force members prompt Springfield City Council to adopt a resolution to support a policy of food, urban agricultural and energy sustainability

The Urban Garden Task Force voted unanimously to recommend a City staff prepared, proposed text amendment to the Planning and Zoning Commission (P & Z) for consideration when the task force met on September 22. The task force's approval came with one section change, reflected at Section 5-3002 (E) of the recommended amendment.

Rather than restricting hours of operation from sunrise to sunset as the draft had specified, the proposed section was changed to allow operation from 1/2 hour before sunrise until 1/2 hour after sunset. One other change to the same section allows gasoline powered equipment to operate on the same schedule. The draft text amendment originally allowed mechanical, gas and electric equipment use only from the hours of 8 a.m. to 8 p.m.

Under the proposed amendment, "Personal Gardens" and "Community Gardens" will be allowed in any and all zoning districts in Springfield. Neither will be allowed to sell produce to the public on-site.

Other than the prohibition of on-site sales, personal gardens can be cited under the nuisance ordinance of City Code for the same things for which all City residents may be cited, such as odor, noise, high weeds, grass, etc. There were no additional restrictions applied to personal gardens.

Community gardens face a few more restrictions. The owner or proprietor of the property will be required to file an application with the Director of Building Development Services but, not without reason, considering they have more potential to be a source of complaint to the neighborhoods where they will be tended than personal gardens tended by a single property owner or family. There will also be a no to minimal-cost permit required.

The proposed restrictions on Community gardens apply to: Accessory structures (not to exceed 40 percent of the lot area); placement of accessory structures; hours of operation; signage; storm water, sediment and erosion; odor emissions; high weeds and grass; compost and material storage areas; lighting; noise; vision obstruction; and parking (if cultivated area exceeds 1 acre in size).

Commercial gardens and Farmers' Markets were also defined and regulated under the proposed amendment.

Task force member Galen Chadwick took the advise of Jack Wheeler, the chair of the task force, and prepared a letter to attach to the proposed amendment for the City Council to consider.

In his letter to the City Council, Chadwick made a plea for local food sustainability.

"The food consumed by the citizens of the Springfield Economic Area, an amount in excess of 1,100 tons of food per day, is shipped and trucked to us along a fragile and globalized supply line," Chadwick wrote. "Should this delivery system be disrupted for any reason, supermarket shelves will empty within hours. The average household has roughly three days worth of food on hand. Given that less than 5% of our food is grown within the state, or within a thousand miles beyond our borders, the result of a significant disruption will be catastrophic."

Chadwick, a regional co-coordinator of the "Well-Fed Neighbor Alliance" (WFNA), proposed the City Council should consider supporting or initiating a "Food Policy Council," to create, develop and implement citywide food policy regulation.

The WFNA is a member of the Healthy Youth Partnership, a non-profit organization in St. Louis working to develop a "just and sustainable local food system" under the direction of Maggie Menefree and University of Missouri Community Food Systems director Dr. Mary Hendrickson.

Chadwick and fellow WFNA regional coordinator Ruell Chappell have been working to form the Well-Fed Neighbor Farmers' Co-op, in conjunction with area supermarkets.

Chadwick indicated the WFNA could assist the Council, if they are interested in forming a Food Policy Council.

"Should the City Council be interested in this proposal, the WFNA will arrange an informal exploratory session along with Dr. Hendrickson, regional foods experts, and other key academic and WFNA executive leaders," Chadwick wrote, before supplying Council members with contact information.

He listed potential partners in the food council as: Faith based groups, concerned individuals, farmers, community gardens, food producers, cooks, local and state governments, schools and colleges, health and nutrition experts, food advocates, food distributors, farmers' markets, and food banks/food pantries.

A second Urban Garden Task Force letter, signed by four members of the task force, supported "the concept of establishing the "Food Policy Council" as a part of the non-profit community."

"We are asking City Council to adopt a resolution to support a policy of food, urban agricultural and energy sustainability."

The four members who signed the letter endorsing the Food Policy Council and the establishment of the WFNA as a step toward their shared goal were: Earl Slavens, Urban Garden Task Force member; Chairman of the Friends of the Victory Gardens at Grand Oak Mission Gary Schafer; Melissa Millsap, Urban Roots Farm; and Curt Millsap, Millsap Farm CSA.

If this issue is of interest to you, the Planning and Zoning Commission will take public comment on Thursday, October 8, at 6:30 p.m. in the City Council Chambers.

If the P & Z Commission approves the Urban Garden Task Force's report and attached amendment, the Commission anticipates the City Council will hear first reading of a bill seeking their approval of the text amendment, and take public comment at their October 26 meeting. That would mean the Council would likely vote on the ordinance on November 9, after second reading of the bill.

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City of Springfield Weekly Calendar: Sept. 28-Oct. 2

2009-09-28T15:00:00.006-05:00

Update, addition to Wednesday's meeting schedule and (new change as of Wednesday morning) the Springfield Police Officers' and Fire Fighters' Retirement System Board of Trustees will meet in the Community Room of Fire Station #1 at 720 E. Grand instead of at the Busch building as originally planned.

Monday, 9/28/2009

No Meetings Scheduled

Tuesday, 9/29/2009

12:00 PM Council Lunch* Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654 (or immediately following Council Lunch)

12:30 PM (or immediately following Council Lunch) Special Council Meeting Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Anita Climer, (417) 864-1654

2:30 PM Administrative Review Busch Municipal Building, Room 285, 840 Boonville Contact: Daniel Neal, (417) 864-1036

6:00 PM Mayor's Commission on Human Rights Busch Municipal Building, Room L45, 840 Boonville Contact: Bob Hosmer, (417) 864-1834

6:00 PM Police Fire Pension Fund Citizens Task Force Subcommittee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Brenda Cirtin, (417) 864-1650

Wednesday, 9/30/2009 (revised)

12:00 PM City Council Plans & Policies Committee Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Lisa Harley, (417) 864-1443

5:30 PM Landmarks Board Old City Hall, Council Chambers, 830 Boonville Contact: Daniel Neal, (417) 864-1036

Cancelled 6:30 PM Commercial Street Task Force Busch Municipal Building, Room L45, 840 Boonville Contact: Anita Climer, (417) 864-1654

Addition: 6:30 PM Springfield Police Officers' and Firefighters Retirement System Board of Trustees Community Room of Fire Station #1 at 720 E. Grand

Thursday, 10/1/2009

5:00 PM Building Trades Certification and Examination Board Busch Municipal Building, 1st Floor Conf. Rm, 840 Boonville Contact: Nick Heatherly, (417) 864-1059

Friday, 10/2/2009

7:30 AM Watershed Committee Midtown Carnegie Branch Library , 397 East Central Contact: Loring Bullard, (417) 866-1127

9:00 AM Commercial Street Community Improvement District Busch Municipal Building, 4th Floor Conf. Rm., 840 Boonville Contact: Donnie Rodgers, (417) 880-3435

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*TENTATIVE CITY COUNCIL LUNCH AGENDA

1. General Council Discussion

2. Any and all matters to come before City Council

3. Adjourn to Special Closed Session Council Meeting

Source: City of Springfield Public Information Office

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Sunday Reading: On Judging Others

2009-09-26T19:51:00.002-05:00

I like the hair salon I go to. The girls are very good at their work [no matter which one "works you in"] and they can usually get me in, even without an appointment. I called on Friday, though because, since it was a Friday, I thought I might be pushing my luck to just walk in and expect them to have an opening. Us girls know the closer you get to the weekend, the less likely you can just walk in and get scheduled within 15-30 minutes. Another thing us girls know is that stories get told in hair salons, just like stories get told [so I hear] at barbershops.

I liked what "Betsy" [fictitious name] had to say because I think she really struck at the heart of an issue that seems to face many Christians. The "sin stigma" that is assigned to homosexuals. I'd have to admit, I generally handle this issue with kid gloves, myself, because it can be a very touchy subject among Christians. [Oops, I guess I'm taking off the gloves.]

Betsy was complaining about a relative who had recently become a Christian.

Apparently, before the relative became a Christian she was close friends with a gay couple, and the gay couple had done a lot for Betsy's relative. Helping her with school tuition, among other things [and it sounded like a lengthy list]. You see, gay people can be nice people and do nice things, Christians simply do not have the market on nicety.

Anyway, back to the story. Betsy's relative felt because the couple is gay and living a sinful lifestyle she should just cut them out of her life and refuse to see them anymore.

Betsy was concerned that this is just the sort of action, on the part of a Christian, that gives all Christians a bad name. I agreed with her but, interjected that Betsy's relative would mature as a Christian, at some point, and come to realize the error of her thinking. And, that's when Betsy made a very important point. The pain and hurt to the gay couple that was caused by the attitude of the fledgling Christian, by her complete rejection of them as people, as no longer deserving of her love and gratitude after all they had done for her, was not going to just go away while the new Christian "matured."

Christians like the, some might call, platitude: "Hate the sin but love the sinner," whether you think it is a platitude or not, there is huge wisdom in the statement.

I've got a little tract. It's titled, "For the thinking mind INTELLIGENCE TEST." There are 8 questions, or riddles, on the test. Number 7 reads:

"A man once broke all of the Ten Commandments. He lied, stole (the value of the article is irrelevant), lusted -- which the Bible says is "to commit adultery in his heart," failed to love God above all else, failed to honor his parents as well as to keep the Sabbath holy. He hated (which God sees as murder), failed to honor God's name, and he also "coveted," which means to want other people's things. How could God, who is perfect and holy (and therefore by His very nature must punish transgression of His Law), forgive him freely, and yet justice still be done? How can the man avoid Hell and go to Heaven?"

And here's the answer, in part, from the back of the tract:

"...He (the man) needs God's mercy. When Jesus died on the cross, He took the punishment for our sins, satisfying eternal justice and at the same time demonstrating God's incredible love for sinful humanity. The moment the man repents and puts his faith in the Savior, God will forgive his sins and give him the gift of everlasting life. He then should read the Bible daily and obey what he reads, showing himself to be genuine in his faith...."

I think some Christians confuse the Bible's statement found in Matthew 7, verse 16, “You will know them by their fruits," as an excuse to judge other people but, what that scripture is saying, in context, is to beware of false prophets, and giving instruction on how to identify them, not giving Christians the go ahead to judge people who do not bear "good fruit" as unworthy of God's forgiveness. In fact, in the very same chapter of Matthew, we read in verses 1-5:

“Do not judge so that you will not be judged. 2 “For in the way you judge, you will be judged; and by your standard of measure, it will be measured to you. 3 “Why do you look at the speck that is in your brother’s eye, but do not notice the log that is in your own eye? 4 “Or how can you say to your brother, ‘Let me take the speck out of your eye,’ and behold, the log is in your own eye? 5 “You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your brother’s eye."

Keeping it all in context, we must also look at verse 6, which says:

“Do not give what is holy to dogs, and do not throw your pearls before swine, or they will trample them under their feet, and turn and tear you to pieces."

Again, however, we need to consider carefully and prayerfully before we decide [judge?] who should be labeled as a dog, or who should be labeled as swine....

Still reading in Matthew chapter 7, we find "the golden rule," always one of my favorites. It's found in verse 12:

“In everything, therefore, treat people the same way you want them to treat you, for this is the Law and the Prophets. "

Meditate on these things:

Romans 3:9-10 says:

"9 What then? Are we better than they? Not at all; for we have already charged that both Jews and Greeks are all under sin; 10 as it is written, “THERE IS NONE RIGHTEOUS, NOT EVEN ONE...."

Ephesians 2:8-10 and 12-14 says:

"8 For by grace you have been saved through faith; and that not of yourselves, it is the gift of God; 9 not as a result of works, so that no one may boast. 10 For we are His workmanship, created in Christ Jesus for good works, which God prepared beforehand so that we would walk in them.

12 remember that you were at that time separate from Christ..., and strangers to the covenants of promise, having no hope and without God in the world. 13 But now in Christ Jesus you who formerly were far off have been brought near by the blood of Christ. 14 For He Himself is our peace...."

I think I'm right, I think this young Christian will grow in her walk with Christ, she will mature but, there may be people hurt in the process. That is why older, more mature Christians must offer direction to new, immature Christians. [And I and other, now more "mature" Christians, may have hurt people in the process of maturing in Christ, as well.]

I also think Betsy is exactly right. All Christians, whether each individual Christian is judgmental themselves or not, will be judged by non-Christians based on the actions of the most immature Christians they come into contact with, and based, sometimes, on the actions of those who claim to be Christians but, who may not, in reality, be true Christians [and whether those claiming to be Christians are true Christians or not is for God to judge, not me].

We, as Christians, have no business playing like we have the authority to judge others and the hearts of others. That authority belongs to God alone. How dare we, any of us, represent God as an unforgiving God, an unloving God! If Christians are, and I believe we are because that is what the Bible tells me, "...His workmanship, created in Christ Jesus for good works, which God prepared beforehand so that we would walk in them," and if God loved the world so much that he sent his one and only Son to pay our sin debt for us, then we should be demonstrating the love of God as His representatives.

We truly can observe Christ-likeness and hate sin while demonstrating the love of Christ to people, for we are all sinners and yet, there are people we love, regardless of the sin in their lives, right? That is what Jesus came to do. That is what being "Christlike," at its core, should be. Jesus loved, forgave, and gave eternal life to prostitutes, eunuchs, tax collectors [who were hated in Bible times as thieves] and sinners. He hated the sin of depraved sexual activity of all kinds, including fornication, adultery and homosexuality but, He demonstrated His love for a world full of sinners when He died on the cross and rose again to prepare a place for believers in heaven.

By the way, just as an aside, I do believe there is one person the scripture calls each Christian to judge. Our own selves.

2 Corinthians 13:5:

"Keep examining yourselves to see whether you are continuing in the faith. Test yourselves! You know, don’t you, that Jesus the Messiah lives in you? Could it be that you are failing the test?"

Disclaimer: I am not an expert on Bible theology or interpretation of scripture. I am just a saved sinner like all the rest of the Christians in the world. If you are a Christian and you disagree with my interpretation of scripture regarding this issue, feel free to hash it out in the comment section. I promise to try not to judge you, and we might even learn something from each other along the way. ;)

Scripture source: "Biblos.com"

Tract source: www.raycomfort.com
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Repeat City Council Speakers not Going Away Anytime Soon

2009-09-23T13:53:00.002-05:00

In fact, City Manager Greg Burris' recent remarks about regular speakers at City Council meetings, "probably just strengthens our cause," said Missouri Liberty Coalition member Carl Herd

I got wind that the Missouri Liberty Coalition (MoLiCo) would be meeting last Saturday, September 19, for a "planning meeting."

Considering I used to be the "Community Free Press" liaison with the local government watchdog group, and they haven't made it, as a group, into the news much lately, I thought it might be interesting to attend the meeting and see what they were talking about.

It has been nearly a half a year since three of the MoLiCo members ran for City Council seats. Nick Ibarra won his Zone 1 Council seat, the other two contenders, Tom Martz and Fred Ellison did not prevail against their opponents in the race.

Five members were in attendance at last Saturday's meeting, while a couple of other interested non-members contributed to the conversation.

The Missouri Liberty Coalition, as featured in the January 30, 2008 issue of "CFP," focuses on Springfield City government and City Council issues. For that reason, they regularly attend City Council meetings and address the City Council, often questioning actions the Council will take regarding legislation, for the most part, crafted in the City's legal department as a result of either an issue or interest of Springfield City staff or its City Council.

Listening in on their conversation, and even contributing my own thoughts at times (though I am not a member of the group) I learned they are content with maintaining a local city government focus, although, in the early days of their founding, they had considered scrutinizing the county and state governments as well.

Some members expressed concern about what, arguably, could be considered efforts by some people in the community, and even within the government, to minimize the opinions of the members of the group by seeming to suggest because they repeatedly address the Council, their voices are somehow less important than Springfield residents who do not regularly address the City Council.

"JackeHammer" would ask, who better to address the Council, who more credible, than a small group of interested and passionate Springfield residents, to raise questions about potential legislation facing our elected representatives, than a group who regularly and consistently reads and studies each City Council agenda and every item listed upon it?

In a recent interview in the "Springfield News-Leader," reporter Kary Booher asked Springfield City manager Greg Burris some pointed questions to commemorate his first year anniversary as Springfield's City manager. During the course of answering one of Booher's questions, Burris responded,

"When we go to a City Council meeting, there is a group that shows up -- it's a small group -- and speaks out critically against the city on anything. It doesn't matter what it is. But you don't see a civil discourse within the meeting. The meetings are civil, don't get me wrong. But you don't see other citizens getting engaged in the process. That's been a little disappointing. I'm hoping that changes over the next few years. Things have been so good for so long that I think many of us took it for granted that things would continue to go very well. But we're living in a different time right now. When the only people that bother to show up to City Council meetings and other meetings and speak out are the regulars -- and that's the only voice that the council gets to hear in a public setting -- that's a little disappointing."

There was little doubt in Carl Herd's mind that Burris was speaking of the members of the Missouri Liberty Coalition, who regularly attend Council meetings.

"I think that this just shows his inexperience as a City Manager in how he responded to Mr. Booher in his interview in the paper, and that when he looks back on it, he might have answered differently," Herd said. "But, as far as him trying to diminish the small group of people who attend City Council, and we pretty much know that that's the MoLiCo, for the most part, that probably just strengthens our cause."

MoLiCo member Tom Martz gave grace to Burris' right to have and share his opinions in the "News-Leader" but, wanted to be sure there was recognition that every member of the public has that same right to address their elected representatives. He felt that through Burris' comments he had learned more about Burris' thinking.

"Mr. Burris is entitled to his opinion, just like I am entitled to my opinion, and the individual membership of MoLiCo are entitled to their opinions as well, " Martz said. "To attend City Council meetings is my right as a citizen of Springfield, to question the actions of government is my duty as a citizen of Springfield, and we are a representative republic, therefore, my representation at City Council meetings, no matter how many I attend, should not be looked at as a means of disdain."

What are MoLiCo's plans for the future?

"We're still a very active group, maybe not huge in numbers but, a very passionate group that are still working on the real important issues, following City Council agendas, and responding to that, whether it be the pension shortfall or Springfield Mill and Lumber, or whatever issue comes up," Herd said.

Tom Martz, who due to his busy work schedule has not been able to attend City Council meetings as regularly as he has in the past, said when his seasonal work schedule begins to slow down he plans to start attending Council meetings more regularly again.

"Come about the middle of November, when my schedule slows down, then I will be back attending City Council meetings on a regular basis," Martz said. "I think it's irresponsible for people not to attend City Council meetings. Everything they do has an effect and an impact on what you do in your personal life."

One thing is certain, City manager Greg Burris will continue to have the ear and influence upon Springfield voters' elected representatives. He is a regular attendee of all meetings of the City Council, and it is his well paid job to continue to be a regular attendee. Burris' opinions will never be "diminished" because he repeatedly bends the ears of our elected representatives. Should your opinion be diminished because you regularly exercise your right to address your elected representative?

I'm just askin.'

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Fruits and Vegetables Exempt from Prohibition Under a Section of Springfield Municipal Code...

2009-09-22T17:30:00.004-05:00

for as long as research can reach but answers to simple questions do not exist; Municipal code prior to 1936 lost

The other day I mentioned I would continue to update "JackeHammer" regarding the Urban Garden Task Force and issues related to its eventual goal of providing recommendations for definitions and an ordinance to the Planning and Zoning Commission, which will, in turn, provide recommendations to the City Council regarding how the City will deal with urban gardening and potential sales of fruits and/or vegetables in all districts of Springfield.

I was, at the time, awaiting requested information related to the City Code which task force member Petra Butler had discovered.

Since City Code is written based upon ordinances that, at one time, had their humble beginnings as approved City Council bills, I sought, through the procurement of those past Council bills related to section 98-5 of the City Code, the answer to a very simple question,

Why did the City exempt fruits and vegetables from the prohibition of display on public ways, including sidewalks, that section 98-5 instituted in the first place?

It stands to reason the City fathers had a reason for exempting fruits and vegetables from that prohibition, and since the Council bills of today have an in depth explanation about why City staff is seeking amendments to the City code, I thought looking at the bill related to the change in the code might shed light on that simple question.

Having now looked at bills dated 1978, 1972, 1949, and 1923, I still don't have any explanation about why fruits and vegetables were exempt from that prohibition other than they have been exempt from any such prohibition going back at least to 1923, including the years 1949 - 1971 when no person was allowed to place or display merchandise, "on any public right-of-way, street, sidewalk or parkway" at all, because it was considered as constituting "a hazard to persons traveling on the streets of the city."

In 1923, the Council passed an ordinance that it would be unlawful,

"...for any person, firm or corporation to display or exhibit any merchandise upon the sidewalk in front of it, or their place of business except as follows:

That fruits and vegetables when displayed upon the sidewalk cannot encroach upon said sidewalk in excess of two feet from the building line and shall be displayed upon benches or in crates not less than fifteen inches above the sidewalk.

That merchandise other than fruits or vegetables when so displayed shall not be placed upon any sidewalk a distance to exceed two feet from the building line."

In 1949, in an effort to comply with then Section 6625, Revised Statutues of Missouri, 1939, the display of any merchandise other than fruits and vegetables in the public way was banned altogether.

In 1972, City Manager Don Busch wrote by way of explanation in Council bill 9419,

"Last year a two day sidewalk sale was held in July; apparently it was met with some enthusiam. It is proposed that one be held on the days of July 28 and 29 of this year (1972). In order that ordinance authority might exist for such a sale, the attached ordinance is submitted following the outlines of the conditions under which the sales were held last year."

In 1978, in order to accommodate businesses that had conflicts with the dates listed in the ordinance which preceded it (the 1972 ordinance), the language was amended to read,

"No person shall place or cause to be placed or display merchandise on any public way, street, sidewalk, or parkway, except that fruit and vegetables may be so placed or displayed in front of the premises where sold if not less than fifteen (15) inches above the ground or pavement and if not extending more than two (2) feet into the public way. However, the City Manager may establish not more than two (2) sales periods each year. Each sales period shall be not more than two (2) consectuive days, and the sales periods shall be at least two (2) weeks apart. The sales periods shall be held only during the spring, summer or fall months of each year. During each sales period it shall be lawful for licensed business enterprises to display and sell merchandise upon the public sidewalks in accordance with the following conditions...."

So, apparently, since well before the City of Springfield became a first class charter City (in 1953) there was an exemption for fruits and vegetables from a prohibition of display on public ways, streets, sidewalks, and parkways in the city. There is no indication that the exemption did not include residential zoned districts, however, neither is there any indication that the exemption did include residential zoned districts. The code simply states fruits and vegetables may be placed or displayed in front of the premises where sold.

We can only speculate as to why fruits and vegetables were always exempt, even to today, from any prohibition of placement or display in the public way in Springfield. I think such speculation, taking into consideration state statute, might be interesting.

According to City Clerk Brenda Cirtin, the 1923 ordinance established the 1936 related code, and there is no record of codes dating before 1936.

"I went all the way back to the 1936 Code, fruits and vegetables were exempted out then. We don’t have any codes any earlier than that in our office; I have no idea what happened to them," Cirtin wrote in an email.

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FCC to Consider and Debate Rules to Govern the Internet

2009-09-21T10:39:00.000-05:00

Some excerpts from the prepared remarks of Federal Communications Commission Chairman Julius Genachowski, delivered September 21, 2009

Read the Speech at "OpenInternet.gov"

" I will soon circulate to my fellow Commissioners proposed rules prepared by Commission staff embodying the principles I’ve discussed, and I will ask for their support in issuing a notice of proposed rulemaking. This notice will provide the public with a detailed explanation of what we propose to do and why....

"...our path to implementing them is not pre-determined. I will ensure that the rulemaking process will be fair, transparent, fact-based, and data-driven. Anyone will be able to participate in this process, and I hope everyone will. We will hold a number of public workshops and, of course, use the Internet and other new media tools to facilitate participation. Today we’ve launched a new website, www.openinternet.gov, to kick off discussion of the issues I’ve been talking about. We encourage everyone to visit the site and contribute to the process....

"...This is not about government regulation of the Internet. It’s about fair rules of the road for companies that control access to the Internet. We will do as much as we need to do, and no more, to ensure that the Internet remains an unfettered platform for competition, creativity, and entrepreneurial activity....

"... This is about preserving and maintaining something profoundly successful and ensuring that it’s not distorted or undermined. If we wait too long to preserve a free and open Internet, it will be too late."

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