County votes to sell strip of park

The Cape Girardeau County Commission voted Thursday to sell 1.24 acres of Cape County Park North to Mid-America Hotels after the company increased its offer for the land to $350,000.

The commission, which was split 2-1 on the deal, acted after Joe Sherinski, chairman of the Board of Park Commissioners, reported that he had spoken to the other six members of the board and that the body was in favor of the sale 6-to-1.

Sherinski told commissioners his conversations, which took place Wednesday, revealed there was "one opposed to any sale, one in favor and everyone else falls in between."

But after the Southeast Missourian raised questions about park board compliance with the Sunshine Law and found two of four members who could be reached were opposed, Sherinski said his report on board sentiment was based on a meeting held in May.

"We are an advisory board," he said. "We don't make the decision to sell the land. No matter what we voted, and it is very nice of them to have a citizens advisory board, they can do whatever they want."

The sale price is $50,000 more than what was offered in April for the same 70-foot-wide strip of land. The increase came after the county obtained an independent appraisal. The appraisal put the base value of the land at $250,000 but also took account of the added value the property would impart to the adjacent land already owned by Mid-America. Under that method, known as "assemblage value," the appraiser pegged the value at $370,000 to $430,000.

Presiding Commissioner Gerald Jones and District 1 Commissioner Larry Bock voted in favor of the sale. District 2 Commissioner Jay Purcell voted against it, noting that he did not feel the deal had been discussed thoroughly by the park board.

Purcell said the sale should have been the subject of public hearings to answer the questions of whether any land should be sold and whether any restrictions should be imposed on the use of the property. "That is why I am a little troubled by this whole thing," Purcell said. "I don't know what the big hurry is."

Jones and Bock both said during the meeting that they were satisfied with the increased offer. Jones promised the money would be used only for park purposes. But he and Bock agreed to strike a clause in the sales contract that would legally bind the commission to that promise.

"I can tell you how we are going to spend the money -- parks development or land acquisition for parks, period," Jones said.

"The part I like is they raised the ante by $50,000," Bock said.

Purcell and Jones sparred during the meeting over Purcell's objections to the sale. Purcell said it was being rushed.

"I am not opposed to selling the ground," Purcell said as he argued for additional study by the park board.

"You're wearing me out, you are wearing me out, Jay," Jones replied in an attempt to bring the issue to a vote.

The land in question sits at the west end of Cape County Park North. The strip of land would be added to several acres already owned by Mid-America, which plans a development but has not revealed the details.

A message left late in the day for Bob Hahn of Mid-America was not returned.

Sherinski called the property a white elephant.

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"The only thing we get out of that land is we mow it," he said. "It is of no use to the park."

PR 'nightmare'

Of the four other park board members reached Thursday afternoon, R.J. McKinney and Melvin Gateley said they were opposed to the sale, but for different reasons. McKinney pointed out that the price to be paid is less than the low end of the assemblage value appraisal. Also, he said, "it is a public-relations nightmare" that does the county little good.

Gateley said he wanted more time for the park board to study the latest offer. "This being a very vital and important decision that had its ups and downs, it would have been better."

The two members who said they favored the sale, Nadine Davis and Virgil Chirnside, said all their questions about the sale were answered when Jones met with the board in May.

Two members, Nancy Colier and O. David Niswonger, could not be reached.

The method used to check the board's opinion, with Sherinski calling each member, is not a legal way of conducting public business under the Sunshine Law, said Jean Maneke, a Kansas City attorney who advises the Missouri Press Association on Sunshine Law matters.

Called a "hub and spoke" approach, Maneke noted the method was found to be illegal when Attorney General Jay Nixon accused the Missouri Higher Education Loan Authority of violating the Sunshine Law in 2007.

"When you do that kind of thing you totally circumvent the ability of the public to observe the body doing the business of the public," she said.

The park board will meet at 2 p.m. Thursday at the park superintendent's office to discuss how to use the money, Sherinski said. The list already developed includes new roofs for park shelters, additional shelters and restrooms, he said.

A large portion of the money should be retained for land acquisition, he said.

rkeller@semissourian.com

335-6611, extension 126

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