Section 106 Review: Are we doing our homework?

Started by sheclown, June 07, 2013, 07:16:21 AM

icarus

There are clear and definite procedures in place by which citizens can address violations of in this case Federal law and regulations.  If the violations are so clearly delineated, it sounds that whoever is privy to that information should simply file a complaint.

Below is the link for the Office of the Inspector General for the U.S. Department of Housing and Urban Development: 

https://www.hudoig.gov/report-fraud

I would follow up your complaint with a carefully written missive to your U.S. Senators.  I will think that you would be quite surprised at the speed to which you will hear responses.

strider

Those procedures are not as clear and concise as you may think. They are, however, being pursued.

You also need to look here:

Community Planning and Development
Please direct these to the Office of Community Planning and Development, http://www.hud.gov/offices/cpd/about/complaints.cfm
"My father says that almost the whole world is asleep. Everybody you know. Everybody you see. Everybody you talk to. He says that only a few people are awake and they live in a state of constant total amazement." Patrica, Joe VS the Volcano.

icarus

Quote from the page you referenced:
"Complaints about fraud, waste, and abuse about grant programs that represent criminal wrongdoing or HUD standards of ethics and conduct may be submitted to the Office of Inspector General (OIG)."

I've never been a fan of reporting a complaint to a local office of an agency that maintains an active professional relationship with the local government as to whom the complaint pertains. There does need to be some degree of independence to get any traction regardless of the veracity of the complaint.

But glad someone is doing something about it, if they feel that strongly about it.

strider

You start local and keep working up the food chain.  It is a slow process sometimes, but it works.  At some point, the right person sees it and the issues get addressed.

There is much more to this and much more is about to be brought out into the sunshine.
"My father says that almost the whole world is asleep. Everybody you know. Everybody you see. Everybody you talk to. He says that only a few people are awake and they live in a state of constant total amazement." Patrica, Joe VS the Volcano.

sheclown

We just want Jacksonville to do the right thing --

Scrub Palmetto

Being fairly new to this ordeal, is this overwhelmingly a 32206 thing, or is that the only area being focused on because this topic is in the Springfield thread? How much of this is happening outside of 32206?

Cheshire Cat

Quote from: Scrub Palmetto on October 21, 2013, 06:47:48 PM
Being fairly new to this ordeal, is this overwhelmingly a 32206 thing, or is that the only area being focused on because this topic is in the Springfield thread? How much of this is happening outside of 32206?
Plenty Scrub.  It's happening in the community around Edward Waters College and has been for a number of years.
Diane Melendez
We're all mad here!

sheclown

Quote from: Scrub Palmetto on October 21, 2013, 06:47:48 PM
Being fairly new to this ordeal, is this overwhelmingly a 32206 thing, or is that the only area being focused on because this topic is in the Springfield thread? How much of this is happening outside of 32206?

We just got our public records request in for 32206.  It appears that this area used a little less than half of the 1 million demolition dollars.  There are other zip codes affected, we just don't have that information yet.

sheclown

1.) These are our federal dollars being spent.  We are, by law, required to have a say in how the money is being spent.

2.) We are, by law, required to be informed as to the changes made in the community using federal funds -- the process is required to be transparent.

3.) We are, by law, offered protection against adverse effects on our historic properties or those properties 50 years or older.

4.) We have turned over police power (the power to seize private property) to a department which cannot even follow the simplest of federal guidelines and has, in fact, put federal grants in jeopardy.  Yet this same department, without due process, can condemn a property, kick the owner out of the property, and demolish without a court proceeding  -- there is only the special master which is a city employee and not an independent judge:
Quote
The constitutional guarantee of due process of law, found in the Fifth and Fourteenth Amendments to the U.S. Constitution, prohibits all levels of government from arbitrarily or unfairly depriving individuals of their basic constitutional rights to life, liberty, and property. The due process clause of the Fifth Amendment, ratified in 1791, asserts that no person shall "be deprived of life, liberty, or property, without due process of law." This amendment restricts the powers of the federal government and applies only to actions by it. The Due Process Clause of the Fourteenth Amendment, ratified in 1868, declares,"[N]or shall any State deprive any person of life, liberty, or property, without due process of law" (ยง 1). This clause limits the powers of the states, rather than those of the federal government.

5.) We lost an exceptional opportunity to make a huge difference in Springfield - to fund restoration projects, to mothball blighted structures, to even save Drew Castle perhaps.  And for what?  To what end?

jaxbeachguy

Quote
Well speaking of, they don't follow their own notices either, I have a client right now who was given 72 hours within which to appeal, which she was doing, then they tore it the next morning after delivering the notice.

Perhaps this is a viable strategy for those who own properties but can't afford the upkeep -- wait until the city tears down the structure, and then sue!

When the client gets the settlement, will they rebuild in Springfield?

sheclown

Demolitions can be mighty expensive --  lost federal funds --  law suits.

m74reeves

#56
Quote from: stephendare on October 21, 2013, 08:45:49 AM
And sheclown, let me see if I understand this.


And the point of the 106 review is to determine if the money could be used to stabilize, repair and preserve rather than destroy?


I just wanted to clarify...a Section 106 review thru the State HPO does not determine the structural soundness or best use of funds. Any proposed project receiving federal funds that may "adversely affect" historic properties are supposed to submit a package to the SHPO. This would include anything addressing properties older than 50 years old...so both HUD funded repairs as well as demolitions would require the Section 106 review. They will review the historical and archaelogical significance of the property to determine whether the proposed project raises any concerns/issues or can proceed as proposed.  This is to be done PRIOR to expenditure of funds.

Of course, this review is only as good as what is submitted and when the city neglects to submit ANYTHING, well, you see what occurs.
"Everyone has to have their little tooth of power. Everyone wants to be able to bite." -Mary Oliver

m74reeves

JaxUnicorn, please tell me that the demo cost of over $78K for 1341 N. Pearl Street is a typo? What was there???
"Everyone has to have their little tooth of power. Everyone wants to be able to bite." -Mary Oliver

iloveionia



JaxUnicorn

Quote from: m74reeves on October 21, 2013, 10:27:16 PM
JaxUnicorn, please tell me that the demo cost of over $78K for 1341 N. Pearl Street is a typo? What was there???
Nope, not a typo.  And I question the location....as iloveionia said, I too think this was the Jewish Community Center.  However, that was located on West 3rd, not Pearl.  So....I'm a bit confused as to what was demolished.
Kim Pryor...Historic Springfield Resident...PSOS Founding Member