OPINION |
Should a local developer who occasionally has plans before the city be appointed by the Springfield City Council to the Planning and Zoning Commission?
The answer, thus far, has been no — and that negative response drew a rebuke from Mayor Ken McClure on Monday.
“Others have cited the perception of developers serving on planning and zoning as a potential conflict of interest. If such perceived conflicts are real, then we must consider whether anyone with property development should be considered for planning and zoning,” McClure said at the Oct. 3 council meeting.
“This would include architects and engineers, attorneys, lenders, insurance agents general contractors, sub-contractors, business owners, and managers, as well as members of neighborhood associations.
“At a time when we are encouraging citizen applications for boards and commissions, we are sending a message that you risk being publicly embarrassed if you apply. We must do better,” he said.
The developer in question
McClure addressed his remarks to the five members of the council who on Sept. 19 voted to not appoint developer Andrew Doolittle to the advisory commission.
The commission has nine members and currently is two short. The members hold office for a term of four years and may be reappointed for a maximum of two terms.
Here's how to apply.
Members make recommendations to the City Council on things like zoning changes and amendments to the city's comprehensive plan. Like council members (other than the mayor, who receives a small stipend) they aren't paid.
Doolittle, through GDL Enterprises, wants to build a coffee shop with indoor seating and a drive-thru, a food truck parking area, pickleball courts and package liquor sales.
The project is planned for Grant and Grand; it's called Loose Goose.
It would be part of the city's broader Grant Avenue Parkway effort to create an off-street pedestrian pathway along Grant Avenue from Sunshine Street to College Street in downtown.
Loose Goose would have outbound driveways for traffic on Grant Avenue and on Douglas Avenue.
Plans were approved by the council in August on a 6-3 vote. The naysayers were dismayed by the drive-thru because, after all, the Grant Avenue plan is supposed to encourage walking and bicycling.
Councilman Mike Schilling's role in this drama
One opponent was councilman Mike Schilling, who has become the leading character in this drama.
In a way, it seems to me, Schilling hung Doolittle out to dry by first approving the presentation of Doolittle's name to the council. He then voted against it at the public meeting.
Schilling is chairman of the council committee that selects potential members for various volunteer boards and commissions.
He knew Doolittle was a developer before he voted yes to have the council make its vote. He could have saved Doolittle from being voted down by the council.
But on Monday night Schilling fell on his sword about as gracefully as you can. He admitted he was miffed over the drive-thru and he then unequivocally apologized at the council meeting for voting against appointing Doolittle to the commission.
“I take this opportunity to publicly apologize for my rash impulsive vote at the last council meeting, which resulted in the defeat of Andrew Doolittle's appointment to the Planning and Zoning Commission by a one-vote margin,” Schilling said.
“His experience in real estate and development showed him to be a worthy candidate and the council's four-member public involvement committee, which I chair, had met earlier and all voted to nominate Mr. Doolittle to fill a vacancy on the commission.”
Doolittle had applied to fill the post in July.
“It was wrong to betray Mr. Doolittle on that account and a disservice to the council, my constituents and the public at large,” Schilling said. “I am sincerely sorry for my lapse in ethical judgment.”
McClure said the proper response to not only conflicts of interest, but perceived conflicts, is the same for those on the council and those on the commission.
“There is a remedy, and it is known as recusal,” he said. “Recusal is frequently employed by council members when necessary and, indeed, there is a matter on this evening's agenda upon which I will need to recuse myself.”
Recusal means the person does not participate in discussions on the matter that might pose a conflict and does not vote on it.
Who is currently serving on the Planning and Zoning Commission, and what do they think?
This discussion over who should serve on the planning and zoning commission made me curious about who already is serving on the commission.
For example, I wondered, are there any developers already on the commission?
I reached out to the seven current members, and five responded by deadline.
I also asked if they had a strong opinion on whether a developer should be on the commission and, if so, if they would share it with me.
Bruce Colony, 60, joined January 2021
“I am primarily self-employed, Colony Management Services, LLC.
“I work for owners, developers, and sometimes contractors but do not have a hand in the development side of anything. Only the construction end. If I were involved in a project on the front end, with or without the potential for financial gain, I would recuse myself, but that's not likely.
“As for my opinion … if you were to ask me what would I do if I had the opportunity to become a developer in the city limits of Springfield, with regard to my commitment to the commission, my answer would likely be … that I would resign from the commission to avoid conflict and scrutiny.
“Again, that's just what I would do, not an opinion on whether anyone should or should not be allowed based on their occupation.
“I will accept and support whatever position the City's leaders deem appropriate on the matter. I am but a humble volunteer.”
Randall O. Doennig, 59, joined May 2014
“I used to work in banking, but when I was appointed to the commission I was a small business owner. I sold that business, Meridian Title Company, in 2018 but I still work there as VP of Title Operations.
“Regarding developers on the commission … I will say that like most public boards, the commission is strongest when we have a variety of perspectives.
“When any commissioner has an appearance of or an actual potential conflict of interest on a particular case they are required to recuse themselves from the hearing and the vote on that matter.”
Britton Jobe, 38, joined March 2018
He is a lawyer and works as assistant general counsel for Burrell Behavioral Health.
Jobe sees no problem with a developer serving on the commission.
“If they are otherwise qualified to serve on the commission, absolutely.”
Chris Lebeck, 44, joined March 2021
He is the senior assistant prosecuting attorney in major crimes for the Greene County Prosecuting Attorney's Office. He had worked as the city attorney for Branson.
“From my experience, well run and effective boards and commissions that make good community-oriented decisions draw from the expertise of a variety of backgrounds and a wide range of views.
“As far as any potential conflict of interest concerns, I agree with the excellent insight of Mayor McClure Monday night when he outlined the robust conflict of interest rules we are obligated to follow.
“Additionally, we are blessed as a community to have the counsel of City Attorney (Rhonda) Lewsader and her staff attorneys as they are always available to provide sound legal advice and guidance to the commission and individual members when these types of issues come up.”
Eric Pauley, 61, joined April 2022
“This is my 24th year with O'Reilly Auto Parts with a silver anniversary right around the corner. … My department takes care of the computer concerns at the corporate level as well as our distribution centers, and field positions.
“Your question regarding developers appointed to planning and zoning is very topical so I will use my own recent experience. At the time of my application, I had the honor of holding the position of president of our city-recognized (Phelps) neighborhood association.
“It was not required or expected that I step out of the president position to be a Planning and Zoning commissioner, but I felt it is the right thing to do. To avoid any potential or appearance of a conflict of interest.”
This is Pokin Around column No. 63.
