The CentrePointe Games: How the city can avoid another losing role

By Hayward Wilkirson

At issue | Oct. 5 Herald-Leader news article, "CentrePointe block goes for the horse-farm look"

Lexington Mayor Jim Newberry likes to remind us how many days remain before the opening ceremonies of the Alltech FEI World Equestrian Games. Maybe it is time to remind citizens of time periods that have elapsed since he emceed the opening ceremonies of the CentrePointe Games:

■ 599 days since Newberry, developer Dudley Webb and Harold Tate of the Downtown Development Authority unveiled plans for CentrePointe, claiming it would be open in time for the WEG.

■ 486 days since the Courthouse Area Design Review Board ruled that while some buildings were historic and deserving of protection, their economic value did not compare to the value of CentrePointe and that the Webb Cos.' financial loss would be too significant if they were required to keep the buildings.

■ 459 days since Circuit Judge Pamela Goodwine ruled that imposing a 60-day delay to allow the Planning Commission to hear an appeal of demolition orders would cost the Webbs too much money and would deny Lexington the benefits of CentrePointe.

■ 458 days since the Webbs demolished portions of buildings that housed the Mad Hatter, Busters, The Dame and Mia's so as to effectively preclude any further legal efforts to save them.

■ 398 days since the block was cleared of all buildings and rubble.

■ 269 days since Dudley Webb told the Herald-Leader (knowing his purported investor had been dead for several months) that "The CentrePointe building will appear to be completed at the time of the Alltech FEI World Equestrian Games because the contractor has been directed to have the exterior finished."

■ 258 days since Woodford Webb advised Business Lexington that "I think we're really poised to report some very good news here soon."

■ 262 days since council member Ed Lane proclaimed to the Kentucky Kernel that The Dame block buildings were "like a pimple on the community and now they have been removed."

■ 222 days since Newberry said during WKYT Newsmakers interview, "Nothing of consequence ever happened on that block."

■ 201 days since the Webbs, through a letter from a California lawyer/trustee, finally revealed that their investor had died several months earlier.

■ 197 days since Dudley Webb told radio host Sue Wylie that the probate hearing for the investor would be April 15, 2009 and that CentrePointe would then immediately move forward.

■ 172 days since Dudley Webb appeared before the council and — after first chastising "the press, bloggers, public officials, naysayers and rumor mongers" for questioning the project — promised a "viable financing plan is in place ... requiring 60-90 days for the trustee to work through the legal and business process that will allow construction to begin."

■ 172 days since council members George Myers, Kevin Stinnett, Jay McChord, K.C. Crosbie and Julian Beard expressed embarrassment and apologies to Dudley Webb for Vice Mayor Jim Gray's audacity in asking Webb to explain why his prior statements had been misleading and erroneous.

■ 108 days since lawyer Darby Turner told the courthouse area design review board that within 30 to 60 days, the Webbs would begin in earnest the work to have an excavation permit and building permit.

So many unfulfilled claims, promises and deadlines have come and gone that it is impossible to keep up with all of them. Even Oct. 17, Woodford Webb said on Newsmakers that construction would begin "tomorrow." I think he was being funny, but who can tell at this point?

Unfortunately, nothing about this project is funny. It is a sad joke played on all of us by the developers, the mayor and the council. But here's another date to keep in mind: Election Day is Nov. 2, 2010 — just 373 days away.

Maybe the voters will get the last laugh. Until then, here are some policy and procedural changes to consider:

1. Establish stricter qualifications for courthouse area design review board members, including requiring that at least one member be an architect and one an historic preservation professional. Also, preclude participation by any member in a matter where the member has voluntarily participated in ex-parte communications with an applicant or opponent.

2. Require that building permits be obtained before demolition is allowed within the courthouse overlay or any H-1 district. And as part of the permitting process, require some concrete evidence of the developer's committed source of financing for the construction project.

3. Establish specific and consistent criteria (using well-established "takings" law concepts developed by the U.S. Supreme Court) for determining whether an applicant for a demolition permit within the courthouse district has demonstrated an inability to obtain a reasonable economic return on its property if demolition is denied.

4. Reform or restructure the Downtown Development Authority to make it an advocate for the community at large, rather than a mouthpiece for particular developers or commercial interests in general.