ORGANIZATION NEWS
Meet Our Officers
Our Legal Representative
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Gerald Cohen
President
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Tom Sager
Vice-President
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Linda Novak
Secretary/Treasurer
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Report of February 3rd Organizational Meeting
Citizens for the Preservation of Buehler Park met on Feb. 3. Those in attendance decided to maintain the name "Citizens for the Preservation of Buehler Park." The organization decided to charge $5/yr dues and has 22 paid members. Three officers were elected: Jerry Cohen, President; Tom Sager, Vice-president; and Linda Novak, Secretary/Treasurer.
The organization decided it needed a mission statement. Jerry Cohen wrote the following draft: "The mission of the organization is to preserve historic Buehler Park in accordance with the letter and spirit of the 1958 warranty deed by which the Rolla Chamber of Commerce donated the land to the City of Rolla "for Park purposes only and none other" with the time frame specified as "FOREVER."
Citizens for the Preservation of Buehler Park is NOT currently accepting donations beyond the $5/yr membership fee. However, those who wish to contribute may send donations to Great Rivers Environmental Law Center, 705 Olive Street, Suite 614, St. Louis, MO 63101, 314-231-4181, http://www.greatriverslaw.org. Please put Buehler Park in the memo line.
Great Rivers Environmental Law Center, a public interest law center, continues to express great interest in preserving our Buehler Park. Great Rivers is a 501(c)(3) organization and donations are tax deductible to the full extent of the law.
Anyone who feels they will suffer harm as a result of the sale of Buehler Park and would consider being a plaintiff in a suit, should the City of Rolla decide to sell Buehler Park, please contact Tom Sager, 573-368-5551, yushasager@yahoo.com.
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Notice of Febuary 7th Council Meeting
| During the City Council meeting on Monday Feb. 7, 6:30 PM at Eugene E. Northern Community Hall, 400 W. 4th Street, bids for the commercial development of Buehler Park will be opened in secret session. Please come to this meeting and let Mayor Morgan and the City Council know that you do not want to sell Buehler Park.
Also phone or email the Mayor and Council (contact info below). At the December Council meeting. Council members Judy Jepsen, Louis Magdits, Richard Sibley and Charlotte Wiggins voted NOT to solicit proposals for the sale of Buehler Park. Please thank them for their vote.
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Contact Information for Rolla City Hall
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Report on February 7th Rolla City Council Meeting
During the open citizen communication period, Jerry Cohen, Tom Sager, and Connie Schmiedeskamp addressed the Council in opposition to the sale of Buehler Park (written statements of Jerry Cohen and Tom Sager below). Buz Harvey and a gentleman whose name I think was Ed addressed the Council in favor of selling Buehler Park. Buz Harvey, while claiming not to be speaking for the Chamber of Commerce emphasized his connections with the Chamber. Representatives of the Chamber were present at the meeting (Linda Kuenzie, President among them) but did not speak publicly.
In closed session, the City Council discussed proposals received for the commercialization of Buehler Park. Following the closed session, City Attorney Lee Bushie announced that two proposals were received, and the Council had asked staff to evaluate the proposals and report back to Council at the next meeting (presumable the workshop on Tuesday Feb. 22).
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Remarks about City and Possible Lawsuit
While I do not know the content of the received proposals, or what action the City will take on these proposals, it appears that the City is moving ahead with plans for selling Buehler Park. It may be very close to the time when we will have to take legal action, if we wish to save our Park. Anyone who would consider being a plaintiff in such a suit, please contact Tom Sager, 573-368-5551, yushasager@yahoo.com.
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Remarks about Citizens for the Preservation of Buehler Park
Citizens for the Preservation of Buehler Park (CPBP) now has 22 paid members. Elected officers are: President, Jerry Cohen; Vice-president, Tom Sager; Secretary/Treasurer, Linda Novak.
CPBP is in the process of incorporating as a non-profit. Dues are $5/yr.
To join, contact any of the officers; or send check to
Citizens for the Preservation of Buehler Park
c/o Linda Novak, Treasurer
8 Laird Ave.
Rolla, MO 65401.
The mission of CPBP is to preserve historic Buehler Park in accordance with the letter and spirit of the 1958 warranty deed by which the Rolla Chamber of Commerce donated the land to the City of Rolla "for Park purposes only and none other" with the time frame specified as "FOREVER."
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Remarks about Great Rivers Environmental Law Center
Great Rivers Environmental Law Center has been handling the legal aspects of our efforts to save Buehler Park. Great Rivers is a public interest law center.
Donations can be sent to Great Rivers Environmental Law Center, 705 Olive Street, Suite 614, St. Louis, MO 63101, 314-231-4181, http://www.greatriverslaw.org.
Please put Buehler Park in the memo line of your check. Great Rivers is a 501(c)(3) organization and donations are tax deductible to the full extent of the law.
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President Jerry Cohen's Prepared
Statement Made at Feb. 7 Rolla City Council Meeting
Mr. Mayor, City Administrator, Councilpersons, and fellow citizens, I speak today in opposition to the sale of Buehler Park--or more positively, for the preservation of the park in accordance with the letter and spirit of the dedication deed of 1958.
That deed says in part: "...the above described real estate is conveyed to the City of Rolla, Missouri for Park purposes only and none other, and to be known as Buehler Park."
A few key words bear repeating: "...for Park purposes only and none other..." The document continues unequivocally: "TO HAVE AND TO HOLD... FOREVER." (and those words are written in capitals).
It is not possible to imagine a clearer statement of intent by the 1958 Chamber of Commerce which dedicated Buehler Park to the City. The Chamber said it is to be used for Park purposes only and none other, and in the next sentence the members added "FOREVER." Not 47 years, not 50 years, not even 100 years. FOREVER.
And what do we see now? The Rolla City Council, noticing that a financial profit can be made by selling the park, has voted to take what to all appearances is the first step in selling the park, viz. the solicitation of proposals to purchase it. The fact that this violates the letter and spirit of the dedication deed of 1958 apparently counts for nothing in the eyes of a majority of the Council.
The fact that the voters are refused even the opportunity to express their wishes in a referendum is of no consequence to the Council other than as a tactic to be sure nothing stands in the way of the sale. And the legal disgrace of seven years ago, when the Council had the gall to argue that the citizens have "no standing" to defend one of their city parks--a view rejected b Presiding Judge Garrison of the Appeals Court (but unfortunately not by his two colleagues)--is taken by the mayor and council as the legal justification to proceed.
Those two Appeals-Court judges did not rule on the validity of the dedication deed; they simply sidestepped this issue and instead agreed with the incredible decision of the local court that the citizens of Rolla have no standing in the matter of a proposed sale of one of their dedicated city parks. "No standing" means that the citizens of Rolla are supposedly in no way harmed by the sale of the park. But of course the citizens are harmed, because the citizens are losing a park which had been legally covenanted as a park forever.
That is precisely why Presiding Judge Phillip Garrison stated: "I respectfully dissent." And he continued: "Although the majority opinion does not discuss whether there was a dedication of the Buehler Park property, I believe that it was, in fact, dedicated to the public. I also believe that Plaintiffs have standing to maintain their suit."
Members of the Council, the whole issue goes well beyond the 3.25 acres of this small park. By establishing the precedent that citizens may have no standing to defend
one of their dedicated city parks, the 1997 court ruling and the possible sale of Buehler Park now put other parks in jeopardy too- both in Rolla and elsewhere in Missouri. What was once unthinkable--the sale of a city park for financial gain--is now becoming part of standard operating procedure. This is, after all, at least the second time in a decade that the Rolla City Council has attempted to sell Buehler Park.
This issue also impacts the credibility of the City of Rolla when soliciting donations of property for solely civic use. The sale of Buehler Park will put civic-minded citizens on notice that the dedication of their property to the city will not necessarily be duly honored. The new reality instead is that as soon as the last family member with standing has passed away, the solemnly covenanted land is up for grabs.
Whatever financial gain may accrue to the city from the sale of the park turns out, in my opinion, to pale in comparison wit the trust which is thereby lost.
We as a community deserve better. We really and truly do.
Thank you.
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Vice-President Tom Sager's Eight Reasons NOT to Sell Buehler Park - Made at the February 7th City Council Meeting
1. Buehler Park has been dedicated to the public and cannot be legally sold.
Buehler Park was deeded to the City of Rolla by the Rolla Chamber of Commerce in 1958 "for Park purposes only and none other. TO HAVE AND TO HOLD ... FOREVER."
Lois Ann Marler, in "Hail to the Chief" a special tribute to Dr. Henry Andrew Buehler, writes "It is believed that the Chamber wanted to protect Buehler Park from its own future members." and quoting from the Chamber minutes of 1927 when the Chamber acquired the Fair Grounds, now known as Buehler Park, "...the proper thing that the Fair Grounds be purchased by the Chamber of Commerce to be for civic purposes..."
In a suit brought by Rolla Area citizens in 1997 to enjoin the City from selling Buehler Park, the only appellate judge to rule on the dedication stated that, "I believe that [Buehler Park] was, in fact dedicated to the public."
Dedicated land cannot be legally sold except under unusual circumstances. The other two judges ruled against the citizen plaintiffs on the issue of standing only, a ruling that has not been cited once by any court in seven years.
2. Rolla citizens do NOT want to sell Buehler Park.
A survey conducted in the summer of 2003 by Bucher, Willis and Ratliff, for the City of Rolla found that 52% of the citizens of Rolla do not want to sell any parkland. Their report recommends that the City NOT sell Buehler Park because "citizens are not supportive of selling park land" and because "the sale of park land for any purpose establishes a mindset that all park property is for sale and that the establishment
of a park system is arbitrary."
3. Buehler Park is irreplaceable and invaluable.
Buehler Park is the only park in the western end of town. Its 130-year oak trees provide shade in the hot summer days. Situated on high ground, with a gorgeous view of the rolling hills to the West, it catches the cooling summer breezes, and is a favorite spot for children to play, families to have picnics and reunions and for festivals and special occasions.
At midday, the park is often filled with working people from neighboring businesses and government offices enjoying the scenery while eating lunch. On Spring and Fall weekends, Buehler Park is full of young children playing in the Optimist Club soccer leagues while friends and family sit and watch. Travelers pull off the highway and stay briefly in Rolla while their children enjoy the Park after long hours in cramped cars. Bicycle enthusiasts come from all over Missouri and neighboring states for the acclaimed bicycle excursion, Tour of the Ozarks. No other land in the area has these superb qualities.
4. Buehler Park has a long history.
Buehler Park was the site of the pre World War II Fairgrounds, and was probably used as an encampment during the Civil War. It is named after Rolla's "First Citizen," Dr. Henry Andrew Buehler, chief of the Missouri Land Survey, and four times president of the Rolla Chamber of Commerce. To sell Buehler Park, or to use it for any purpose other than as parkland, would be a desecration of Dr. Buehler's legacy to the City of Rolla and South Central Missouri.
5. Disposing of gifted property inhibits future giving
The use of a gift for any purpose other than the intended purpose of the gift (with or without the agreement of the donor's heirs) renders civic-minded people less willing to give of their wealth and goods for the public benefit. A society that relies heavily on the philanthropy of civic minded individuals, should never break a covenant such as the one made by the City in accepting the gift of Buehler Park.
6. Gingerbread House
Next door to Buehler Park is Gingerbread House, a home for severely disabled children, among the most needy and vulnerable in our society. What would God think of those who would deprive the most needy and vulnerable of His children for financial gain?
7. Importance of Buehler Park to area businesses
The importance of Buehler Park to area businesses cannot be overestimated. Being adjacent to a beautiful, highly visible park increases property values. Park users will tend to patronize neighboring businesses as they use the park. In addition, the commercialization of Buehler Park will most likely result in new businesses that will be in competition with already existing businesses.
8. Court battle
An attempted sale of Buehler Park for a Cracker Barrel restaurant in 1997 resulted in a long bitter expensive court battle between the City of Rolla and its citizens. A battle which left the legality of selling Buehler Park unresolved. Another attempt to sell Buehler Park will likely wind up in court too. This is not in the best interests of either the City or its citizens.
Missed Opportunities
Sadly, the City of Rolla and the present day Chamber of Commerce, in its myopic obsession with selling Buehler Park, has missed many opportunities to use Buehler Park to promote Rolla and Rolla area businesses.
Why is there no sign on the interstate asking travelers to come enjoy historic Buehler Park while patronizing Rolla business? Why aren't there more events like the annual Tour of the Ozarks bicycle excursion to attract people from far and wide to Rolla?
Why is there no fence separating Buehler Park from Kingshighway, making it safer for children? Why has old playground equipment removed from Buehler Park not been replaced? Why have the dilapidated leaky restrooms not been remodeled? Why hasn't a raised walkway over Kingshighway connecting Buehler Park with the Chamber of Commerce Visitor's Center and the nature trail been built?
So many opportunities, until now missed. Let's use our Park for the public benefit and to promote our City and its businesses, instead of selling off one of our most treasured, irreplaceable assets.
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Former Rolla Chamber of Commerce Board of Directors Chairman Buz Harvey's Prepared Statement - Feb. 7 Council Meeting
My name is Buz Harvey, and I’m a former chairman of the Rolla Area Chamber of Commerce. Several years ago, before my time with the Chamber, a number of business leaders worked to get a motel tax passed that eventually resulted in the creation of a Visitor Center in Rolla.
That same group of leaders, working with the late Congressman Bill Emerson and literally through an Act of Congress, were able to get a 30-year use permit for the Chamber at the U.S. Forest Service site on Bridge School Road in Rolla. That was in 1995.
The bed tax that was passed allowed the Chamber, in cooperation with the city and the Forest Service, to develop the 9.5-acre site and build the Visitor Center that is now integral to that site. The Visitor Center opened in 1996 and it’s arguably one of the finest such facilities in the Midwest.
At about the same time, the former mayor of Rolla approached the Chamber with the news that the city was interested in attracting a Cracker Barrel Restaurant to Rolla, and Buehler Park was the desired location.
First, a little history. The Chamber had, years before, presented the city with a 40-acre parcel of land to be used for economic development purposes.
Over the years, a number of job-producing, mostly governmental enterprises were lured to the 40-acre tract on Fairground Road. Among them, the Forest Service, the Missouri Geological Survey, the National Guard, Gingerbread House and the Rolla Regional Center. No one, absolutely no one, disputes that the land that was offered so long ago by the leaders of their day fulfilled its purpose. That is, all but 3.2 acres of it.
The remaining 3.2 acres were deeded by the Chamber to the city in 1958 for its use as a park, and Buehler Park was created. It was named in honor of a leader who understood profoundly the importance of the creation of job opportunities for his fellow citizens.
In 1997, the City of Rolla asked the Chamber to sign a quit-claim deed so the city could sell the last 3.2 acres to another economic enterprise that would bring jobs and income to the people of Rolla. The chairman of the board of the Chamber at the time, Marshall Hagler, signed the document at the law offices of John Z. Williams.
But we did not do so lightly. Before we signed anything, we surveyed 300 of the roughly 400 members of the Chamber at the time – that’s a statistically significant number – to ask what they thought of the proposal. Eighty-three percent of those who responded said sign the document, let the city sell the 3.2-acre park and develop the 9.5 acres across the street.
We also humbly suggested to city leaders at the time that the desire for a decent park on the west side of the city was eminently reasonable, that getting rid of any park land was a delicate process and that in view of that they should consider pledging the proceeds of any sale to the expansion and enhancement of the city park and trail system. We further suggested they do so in a public forum.
For our part, we told them we would retire the debt as soon as possible, and we actually renegotiated the terms of the mortgage on the Visitor Center so the debt would be retired in 2006 instead of 2015. That was in 1999, my last year as Chairman of the Chamber Board. The Chamber’s intention all along was to retire the debt on the Visitor Center as quickly as possible and then use the money available to allow the City to purchase the site for incorporation into the park system.
The Forest Service had offered in 1995 to sell the park for 20 annual payments of $13,000, a total of $260,000. The bed tax, after the mortgage was paid off, would more than cover the annual payments. But they couldn’t sell to just anyone. They had to sell to another public enterprise, in this case the City of Rolla. The Chamber suggested the city draw up a plan for how the 9.5-acre park would look – including a pavilion, the existing walking trail, the original CCC buildings and the new Visitor Center – and the Chamber would, in effect, present them with a new 9.5 acre park that was essentially paid for.
Beyond that, the city as the owner could name the park after anyone they chose. Again, we humbly suggested Buehler, given his vision for the need to create job opportunities for the people of Rolla.
Which brings us to the present. Times, people and governments change. And it makes no sense to point fingers at anyone or at any group for the difficulties we encountered as a community the last time this issue came up.
But one thing hasn’t changed: Chief Buehler’s intentions when the land was first made available. I think he knew better than anyone that assisting in the creation of jobs, income and opportunities for its citizens is a principle function of government at every level.
I also believe the city was correct in pursuing the opportunity, especially in light of the fact that a vastly superior park site was located right across the street. I believe the Chamber was correct in seeing to it that the motel tax was passed and that the funds should be used in a public-private partnership with the city to create an ever-improving, ever-expanding park and trail system. I guess what I’m saying is the tourists I care most about are my friends and neighbors in Phelps County.
It is my hope that all the parties with an interest in the future of our community come together to create a plan that will, in my opinion, do the following:
· Expand the already excellent park and trail system;
· Create new sources of tax revenue for the city;
· Produce jobs, especially for our younger citizens;
· Provide a lasting and meaningful tribute to Chief Buehler.
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Rolla Needs Development (letter to the editor, RDN - 2-13-05)
Dear Editor:
This letter is in regards to Tom Sager and Buehler Park. I observed Tom Sager on Channel 16 opposing the sale of the park. He's not even from here, but he makes it his concern. Rolla needs development or we're not going to keep our young people here -they need jobs or they will go elsewhere. All of these fancy UMR buildings are not benefiting any of us. Not all children go to college or can afford to go to college. We are not all Sagers; and the college students who get their diplomas go elsewhere. Without blue collar workers, where would the Sagers be? Without waitresses, factory workers, gas station attendants, janitors and so much more, where would they be?
Rolla has become a college town and because of that, people like Sager have opposed development in Rolla. If we had development where Buehler Park is now and Callen's Grocery and Warren's Dean's mess, we would be giving our young people jobs. And I don't mean putting up UMR dwellings; I mean real businesses that create real jobs for Rolla's working class.
Rolla doesn't have a Sam's Club, Cracker Barrel, Olive Garden,Old Navy, Target or Walgreens - no nothing. If we didn't have a Wal-Mart there would be no reason to shop here at all - we'd have to do all of our shopping out of town. The city of Rolla was voted to do its best for the city of Rolla and it needs to do just that. I don't remember ever voting for Sager for the city of Rolla.
Bettie M. Scott
1101 McCutchen Drive
Rolla, MO 65401
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Dear Friends of Buehler Park:
The City of Rolla filed two motions in Phelps County Circuit Court: a motion to dismiss our case to prevent the sale of Buehler Park and a motion to sanction our attorneys.
Both motions are based on the supposition that the case is identical to the case tried 8 years ago over the proposed sale of Buehler Park for a Cracker Barrel restaurant.
These motions will probably be argued before the Honorable Judge Tracy L. Storie at the Phelps County Courthouse at 1:00 PM on May 6, 2005.
Our attorney, Bruce Morrison, General Counsel, Great Rivers Environmental Law Center and John Beger, City of Rolla Attorney will be on the radio program, Law Talk, KUMR 88.5, at 8:00AM, Friday April 1 to discuss Buehler Park with Law Talk host, Rolla attorney Mark Turley.
The motions filed by the City of Rolla will be posted at our website,
http://www.buehlerpark.org soon.
Great Rivers website is http://www.greatriverslaw.org.
Many thanks to all of you who have donated to Great Rivers. Those who wish to contribute may send donations to Great Rivers Environmental Law Center,
705 Olive Street, Suite 614
St. Louis, MO 63101
314-231-4181.
Please put Buehler Park in the memo line. Great Rivers is a 501(c)(3) organization and donations are tax deductible to the full extent of the law.
Have a great day.
Tom Sager
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