http://www.ci.crestwood.mo.us/departments/parks/parks.aspx Whitecliff Park Pool
http://www.markey-consult.com/crestwood-water-park.html Whitecliff Water Park
http://www.crestwoodswimclub.com/
http://www.lindbergh.k12.mo.us/index.php
Sunday, April 29, 2007
Collectively Conflict of Interest for a TDD, CID, Intergovernmental Agreement, and Reimbursement Agreement
To: Missouri Attorney General Staff Member, Brett Berri,
cc: Missouri Senator Gibbons, Missouri State Representative Jim Avery, Missouri State Auditor Greg Slinkard, St. Louis County Executive Charles Dooley, St. Louis County Executive Assistant Tom Curran, Mayor Roy Robinson, City Administrator Frank Myers, and Alderman Miguel
Re: voting records of City of Crestwood Public Officials pertaining to Rosebrook Real Estate Company and Crestwood Swim Club for the THF Crestwood Point Development, L.L.C. Kohl's Project in the City of Crestwood in the State of Missouri
Is the Missouri Attorney General's Opinion No. 61-2006, applicable to a Transportation Development District, Community Improvement District, Intergovernmental Agreement, and Reimbursement Agreement for the City of Crestwood?
If this is applicable, can you please send a reply by email so that I can forward your opinion to the City of Crestwood Attorney, Robert Golterman?
If this is not applicable, is there a Missouri Attorney General's Opinion that is applicable for conflict of interest with public officials voting on Real Estate Property with shares of stock and membership in a private pool such as Crestwood Swim Club?
Does shares of stock in Rosebrook Real Estate Company show ownership of property for conflict of interest? Does private swim club membership show conflict of interest?
Does having previous shares of stock in Rosebrook Real Estate Company, prior membership of the Crestwood Swim Club, family member membership, family members holding office, and family members constructing new pool show conflict of interest?
Does participating in private festivities and parties as a guest member shows conflict of interest?
Missouri Attorney General's Opinion No. 61-2006 for reference. Topics: City officers - officials. Conflict of Interest. Tax increment financing. Taxation - cities, towns and villages. Summary conclusion January 24, 2006 An alderman or TIF commissioner who owns real property within a proposed redevelopment area has an "interest, direct or indirect, in any property" within a proposed redevelopment area, and that alderman or commissioner is thus barred by § 99.820.1(13), RSMo Cum. Supp. 2005, from voting on matters pertaining to the redevelopment plan for that area. Contents of opinion Honorable Bob Johnson State Representative, District 47 Room 400, State Capitol Building Jefferson City, MO 65101 Dear Representative Johnson: You have submitted the following question to this office for response: An alderman, or member of a TIF commission appointed pursuant to § 99.820.2, is the owner of real property in an area proposed for a redevelopment project under § 99.820. Does § 99.820.1(13) bar that owner from voting, either as an alderman or as a member of the TIF commission, on any matter pertaining to the redevelopment plan? Section 99.820, RSMo Cum. Supp. 2005, [footnote 1] outlines the powers and duties of municipalities in relation to real property tax increment allocation redevelopment. Under § 99.820.2, a municipality must create a commission prior to adopting an ordinance relating to a redevelopment plan and must follow certain guidelines in appointing members to the commission. Section 99.820.1(13), which relates to property interests of commission members or aldermen involved in a redevelopment project, addresses conflicts of interest among those officials: (13) If any member of the governing body of the municipality, a member of a commission established pursuant to subsection 2 of this section, or an employee or consultant of the municipality, involved in the planning and preparation of a redevelopment plan, or redevelopment project for a redevelopment area or proposed redevelopment area, owns or controls an interest, direct or indirect, in any property included in any redevelopment area, or proposed redevelopment area, which property is designated to be acquired or improved pursuant to a redevelopment project, he or she shall disclose the same in writing to the clerk of the municipality, and shall also so disclose the dates, terms, and conditions of any disposition of any such interest, which disclosures shall be acknowledged by the governing body of the municipality and entered upon the minutes books of the governing body of the municipality. If an individual holds such an interest, then that individual shall refrain from any further official involvement in regard to such redevelopment plan, redevelopment project or redevelopment area, from voting on any matter pertaining to such redevelopment plan, redevelopment project or redevelopment area, or communicating with other members concerning any matter pertaining to that redevelopment plan, redevelopment project or redevelopment area. Furthermore, no such member or employee shall acquire any interest, direct or indirect, in any property in a redevelopment area or proposed redevelopment area after either (a) such individual obtains knowledge of such plan or project, or (b) first public notice of such plan, project or area pursuant to section 99.830, whichever first occurs[.] Under Missouri law, we use the "plain or ordinary and usual sense" of words and phrases found in Missouri statutes. See § 1.090, RSMo 2000; J.S. v. Beaird, 28 S.W.3d 875, 876 (Mo. banc 2000) (citing State ex rel. Maryland Heights Fire Prot. Dist. v. Campbell, 736 S.W.2d 383, 387 (Mo. banc 1987)). Applying the plain and ordinary meaning of the terms "interest, direct or indirect, in any property," ownership of real property within a proposed redevelopment area is a "direct" "interest" in property in that area. Thus an alderman or TIF commissioner who owns real property within a proposed redevelopment area has an "interest, direct or indirect, in any property" within that area, and that alderman or commissioner is barred by § 99.820.1(13) from voting on matters pertaining to the redevelopment plan. CONCLUSION An alderman or TIF commissioner who owns real property within a proposed redevelopment area has an "interest, direct or indirect, in any property" within a proposed redevelopment area, and that alderman or commissioner is thus barred by § 99.820.1(13), RSMo Cum. Supp. 2005, from voting on matters pertaining to the redevelopment plan for that area. Sincerely, JEREMIAH W. (JAY) NIXON Attorney General Footnote 1: Unless otherwise noted, all statutory references are to RSMo Cum. Supp. 2005.
cc: Missouri Senator Gibbons, Missouri State Representative Jim Avery, Missouri State Auditor Greg Slinkard, St. Louis County Executive Charles Dooley, St. Louis County Executive Assistant Tom Curran, Mayor Roy Robinson, City Administrator Frank Myers, and Alderman Miguel
Re: voting records of City of Crestwood Public Officials pertaining to Rosebrook Real Estate Company and Crestwood Swim Club for the THF Crestwood Point Development, L.L.C. Kohl's Project in the City of Crestwood in the State of Missouri
Is the Missouri Attorney General's Opinion No. 61-2006, applicable to a Transportation Development District, Community Improvement District, Intergovernmental Agreement, and Reimbursement Agreement for the City of Crestwood?
If this is applicable, can you please send a reply by email so that I can forward your opinion to the City of Crestwood Attorney, Robert Golterman?
If this is not applicable, is there a Missouri Attorney General's Opinion that is applicable for conflict of interest with public officials voting on Real Estate Property with shares of stock and membership in a private pool such as Crestwood Swim Club?
Does shares of stock in Rosebrook Real Estate Company show ownership of property for conflict of interest? Does private swim club membership show conflict of interest?
Does having previous shares of stock in Rosebrook Real Estate Company, prior membership of the Crestwood Swim Club, family member membership, family members holding office, and family members constructing new pool show conflict of interest?
Does participating in private festivities and parties as a guest member shows conflict of interest?
Missouri Attorney General's Opinion No. 61-2006 for reference. Topics: City officers - officials. Conflict of Interest. Tax increment financing. Taxation - cities, towns and villages. Summary conclusion January 24, 2006 An alderman or TIF commissioner who owns real property within a proposed redevelopment area has an "interest, direct or indirect, in any property" within a proposed redevelopment area, and that alderman or commissioner is thus barred by § 99.820.1(13), RSMo Cum. Supp. 2005, from voting on matters pertaining to the redevelopment plan for that area. Contents of opinion Honorable Bob Johnson State Representative, District 47 Room 400, State Capitol Building Jefferson City, MO 65101 Dear Representative Johnson: You have submitted the following question to this office for response: An alderman, or member of a TIF commission appointed pursuant to § 99.820.2, is the owner of real property in an area proposed for a redevelopment project under § 99.820. Does § 99.820.1(13) bar that owner from voting, either as an alderman or as a member of the TIF commission, on any matter pertaining to the redevelopment plan? Section 99.820, RSMo Cum. Supp. 2005, [footnote 1] outlines the powers and duties of municipalities in relation to real property tax increment allocation redevelopment. Under § 99.820.2, a municipality must create a commission prior to adopting an ordinance relating to a redevelopment plan and must follow certain guidelines in appointing members to the commission. Section 99.820.1(13), which relates to property interests of commission members or aldermen involved in a redevelopment project, addresses conflicts of interest among those officials: (13) If any member of the governing body of the municipality, a member of a commission established pursuant to subsection 2 of this section, or an employee or consultant of the municipality, involved in the planning and preparation of a redevelopment plan, or redevelopment project for a redevelopment area or proposed redevelopment area, owns or controls an interest, direct or indirect, in any property included in any redevelopment area, or proposed redevelopment area, which property is designated to be acquired or improved pursuant to a redevelopment project, he or she shall disclose the same in writing to the clerk of the municipality, and shall also so disclose the dates, terms, and conditions of any disposition of any such interest, which disclosures shall be acknowledged by the governing body of the municipality and entered upon the minutes books of the governing body of the municipality. If an individual holds such an interest, then that individual shall refrain from any further official involvement in regard to such redevelopment plan, redevelopment project or redevelopment area, from voting on any matter pertaining to such redevelopment plan, redevelopment project or redevelopment area, or communicating with other members concerning any matter pertaining to that redevelopment plan, redevelopment project or redevelopment area. Furthermore, no such member or employee shall acquire any interest, direct or indirect, in any property in a redevelopment area or proposed redevelopment area after either (a) such individual obtains knowledge of such plan or project, or (b) first public notice of such plan, project or area pursuant to section 99.830, whichever first occurs[.] Under Missouri law, we use the "plain or ordinary and usual sense" of words and phrases found in Missouri statutes. See § 1.090, RSMo 2000; J.S. v. Beaird, 28 S.W.3d 875, 876 (Mo. banc 2000) (citing State ex rel. Maryland Heights Fire Prot. Dist. v. Campbell, 736 S.W.2d 383, 387 (Mo. banc 1987)). Applying the plain and ordinary meaning of the terms "interest, direct or indirect, in any property," ownership of real property within a proposed redevelopment area is a "direct" "interest" in property in that area. Thus an alderman or TIF commissioner who owns real property within a proposed redevelopment area has an "interest, direct or indirect, in any property" within that area, and that alderman or commissioner is barred by § 99.820.1(13) from voting on matters pertaining to the redevelopment plan. CONCLUSION An alderman or TIF commissioner who owns real property within a proposed redevelopment area has an "interest, direct or indirect, in any property" within a proposed redevelopment area, and that alderman or commissioner is thus barred by § 99.820.1(13), RSMo Cum. Supp. 2005, from voting on matters pertaining to the redevelopment plan for that area. Sincerely, JEREMIAH W. (JAY) NIXON Attorney General Footnote 1: Unless otherwise noted, all statutory references are to RSMo Cum. Supp. 2005.
Where is the Positive Proof for $295K reimbursement for THF Realty?
Where is the Positive Proof of all City of Crestwood Legal documents for purchase of Rosebrook Real Estate aka Crestwood Swim Club 50 parking spaces?
To: Mayor Roy Robinson, CC: Missouri Attorney General Staff Member, Brett Berri, Missouri Senator Gibbons, Missouri State Representative Jim Avery, Missouri State Auditor Greg Slinkard, St. Louis County Executive Charles Dooley, St. Louis County Executive Assistant Tom Curran, Mayor Roy Robinson, City Administrator Frank Myers, Alderman Miguel, Alderman Roby, and Alderman Nieder
RE: Tuesday, April 24th, 2007 Board of Alderman meeting at City of Crestwood
Bill 06-66: Amendment to Intergovernmental Cooperation Agreement An Ordinance Amending Ordinance Nos. 3804 and 3909 and Authorizing the City of Crestwood, Missouri, to Enter into a First Amended and Restated Intergovernmental Cooperation Agreement with the Crestwood Point Transportation Development District and the Crestwood Point Community Improvement District; And Actions Related Thereto. 2nd Reading
Mayor Roy Robinson, no disrespect to your honesty but when it comes to City's responsibility it must be supported by legal documents not just an affidavit's from people involved in the City and from Kohl's project such as THF Realty, Rosebrook Real Estate Company, and Crestwood Swim Club.
As a citizen, I can not condone or control that type of business unless there are documents that shows a legitimate transaction. I seek that the City of Crestwood will not pay because it opens a precedence for that type of business for others to use the way this has been resolved. As a citizen, I have a right to disagree with the understanding the City owes THF Realty a sum of money which is being discussed between the City of Crestwood and THF Realty and has been approved for this reimbursement to go through to THF Realty.
Until proof positive has been shown of all legal documents are in order, I am seeking stopping of all monies transfers between the City of Crestwood and THF Realty through the City of Crestwood enacting a bond, until legal transactions has occurred I will seek the stoppage of agreed transfers.
To: Mayor Roy Robinson, CC: Missouri Attorney General Staff Member, Brett Berri, Missouri Senator Gibbons, Missouri State Representative Jim Avery, Missouri State Auditor Greg Slinkard, St. Louis County Executive Charles Dooley, St. Louis County Executive Assistant Tom Curran, Mayor Roy Robinson, City Administrator Frank Myers, Alderman Miguel, Alderman Roby, and Alderman Nieder
RE: Tuesday, April 24th, 2007 Board of Alderman meeting at City of Crestwood
Bill 06-66: Amendment to Intergovernmental Cooperation Agreement An Ordinance Amending Ordinance Nos. 3804 and 3909 and Authorizing the City of Crestwood, Missouri, to Enter into a First Amended and Restated Intergovernmental Cooperation Agreement with the Crestwood Point Transportation Development District and the Crestwood Point Community Improvement District; And Actions Related Thereto. 2nd Reading
Mayor Roy Robinson, no disrespect to your honesty but when it comes to City's responsibility it must be supported by legal documents not just an affidavit's from people involved in the City and from Kohl's project such as THF Realty, Rosebrook Real Estate Company, and Crestwood Swim Club.
As a citizen, I can not condone or control that type of business unless there are documents that shows a legitimate transaction. I seek that the City of Crestwood will not pay because it opens a precedence for that type of business for others to use the way this has been resolved. As a citizen, I have a right to disagree with the understanding the City owes THF Realty a sum of money which is being discussed between the City of Crestwood and THF Realty and has been approved for this reimbursement to go through to THF Realty.
Until proof positive has been shown of all legal documents are in order, I am seeking stopping of all monies transfers between the City of Crestwood and THF Realty through the City of Crestwood enacting a bond, until legal transactions has occurred I will seek the stoppage of agreed transfers.
St. Louis County Revenue website
http://revenue.stlouisco.com/IAS/
select Owner Type in Rosebrook
click on Locator Number 25M621280 to view Ownership / Legal Information
Verify Real Estate Taxes
click on Locator ID 25M621280 under the heading to see the Total Parents and Total Children
select Owner Type in Rosebrook
click on Locator Number 25M621280 to view Ownership / Legal Information
Verify Real Estate Taxes
click on Locator ID 25M621280 under the heading to see the Total Parents and Total Children
Crestwood Swim Club/Rosebrook RE MO Secretary of State
Missouri Secretary of State Robin Carnahan website
Business -> Corporations -> Search for a Business
Type in Rosebrook Real
https://www.sos.mo.gov/BusinessEntity/soskb/SearchResults.asp?FormName=CorpNameSearch&Words=Starting&SearchStr=Rosebrook+Real+Estate
Type in Crestwood Swim
https://www.sos.mo.gov/BusinessEntity/soskb/SearchResults.asp?FormName=CorpNameSearch&Words=Starting&SearchStr=Crestwood+swim
Which public officials are members of these two corporations?
Which public officials voted for Kohl's project in City of Crestwood?
Business -> Corporations -> Search for a Business
Type in Rosebrook Real
https://www.sos.mo.gov/BusinessEntity/soskb/SearchResults.asp?FormName=CorpNameSearch&Words=Starting&SearchStr=Rosebrook+Real+Estate
Type in Crestwood Swim
https://www.sos.mo.gov/BusinessEntity/soskb/SearchResults.asp?FormName=CorpNameSearch&Words=Starting&SearchStr=Crestwood+swim
Which public officials are members of these two corporations?
Which public officials voted for Kohl's project in City of Crestwood?
Crestwood board to vote on $295,000 reimbursement to THF Realty
http://www.callnewspapers.com/
Search on TDD for six articles
1. Crestwood board to vote on $295,000 reimbursement to THF Realty article of April 25, 2007
2. Crestwood Point TDD board meets April 19 of April 25, 2007
3. Crestwood Point TDD board tries to resolve '02 property-sale issues THF Realty seeks reimbursement, city envisions parking-lot improvements of February 14, 2007
4. Stifel Nicolaus recommends Crestwood not refund Watson Plaza TIF notes of July 19, 2006
5. Crestwood panel urges approval of Watson Plaza TIF of August 4, 2004
6. Only speaker at TIF Commission hearing favors Watson Plaza redevelopment plan of July 14, 2004
Search on Crestwood Swim for this article and others
7. Kohl's project initiated six years ago of October 16, 2003
Crestwood Point TDD by MO State Auditor
Report No. 2006-12
March 2006
The following problems were included in our audit of Transportation Development Districts.
I pasted the website for your review.
http://www.auditor.mo.gov/press/2006-12.htm
page 39 Crestwood Point 05/15/03 Property Owners & City of Crestwood
page 41 Crestwood Point
Estimated Project Costs $2,986,000
TTD's Estimated Life 30 years
Total Anticipated Revenues $4,827,000
TDD Within a TIF district? Yes
http://www.auditor.mo.gov/press/2005-17.pdf Crestwood Point TDD
"In addition, city personnel indicated they had not planned to track the costs."
http://www.auditor.mo.gov/press/2005-17.htm The following problems were discovered as a result of an audit conducted by our office of the City of Crestwood, Missouri
March 2006
The following problems were included in our audit of Transportation Development Districts.
I pasted the website for your review.
http://www.auditor.mo.gov/press/2006-12.htm
page 39 Crestwood Point 05/15/03 Property Owners & City of Crestwood
page 41 Crestwood Point
Estimated Project Costs $2,986,000
TTD's Estimated Life 30 years
Total Anticipated Revenues $4,827,000
TDD Within a TIF district? Yes
http://www.auditor.mo.gov/press/2005-17.pdf Crestwood Point TDD
"In addition, city personnel indicated they had not planned to track the costs."
http://www.auditor.mo.gov/press/2005-17.htm The following problems were discovered as a result of an audit conducted by our office of the City of Crestwood, Missouri
Pooling the Money on Crestwood Swim Club in Riverfront Times Article on Pooling the Money
Please let me know what you think of this article.
I posted the website
http://www.riverfronttimes.com/2001-10-24/news/pooling-the-money/
Pooling the Money
To the TIF victors go the spoils in Crestwood
By D.J. Wilson Published: October 24, 2001
I posted the website
http://www.riverfronttimes.com/2001-10-24/news/pooling-the-money/
Pooling the Money
To the TIF victors go the spoils in Crestwood
By D.J. Wilson Published: October 24, 2001
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