I’m disgusted and angry.

I’m disgusted because the developer who bought the historic Kennebec Arsenal about five years ago has failed to keep his promises to the city and state to improve the property. Worse yet, he has allowed the arsenal to be looted and vandalized.

I’m angry because city and state officials have allowed this to happen and — other than talk — have done nothing about it.

The time for talk passed long ago.

The city should revoke the agreement that gave developer Tom Niemann of Durham, N.C., a sweetheart tax break on the Arsenal. The state should start legal actions to reverse the sale.

There is no need or excuse for delay.

Here’s some background for those who have not followed this debacle.

Niemann bought the Arsenal property — old, beautiful buildings on 22 acres on the east side of the Kennebec River — and pledged to rebuild it, preserving the historic structures while creating a complex including condos, businesses and offices.

State and city officials were so excited about the proposed development that they sold the land and buildings to Niemann for $750,000 — about half its assessed value. Niemann paid $280,000 down and pledged to pay the rest during development. The city also agreed to refund Niemann’s property taxes, about $27,000 a year.

The deal seemed reasonable at the time. Niemann had a good reputation and had successfully completed development of historic sites in North Carolina.

I have no doubt that Niemann intended to keep his promises, but the economy turned sour and intentions were not good enough. He failed to provide even minimal maintenance and protection for the buildings, which have been badly damaged by vandals. Roads were not plowed. Grass was not mowed.

The magnificent old buildings have become a law enforcement problem, a place for drug dealers to meet customers.

I first wrote about this mess on March 29, noting that Augusta City Manager Bill Bridgeo had suggested that the state take back ownership.

“That may be necessary,” said Betty Lamoreau, acting director of the state Bureau of General Services.

“It is,” I wrote in March. It still is.

Voiding the city’s tax agreement may not be as easy as it sounds. The agreement has no specific clause saying that it can be revoked if the developer does not keep his promise. I’m not a lawyer, but I think the city could argue that it has a legal right to expect the developer to keep his word in exchange for a $27,000 annual tax break. If it takes a lawsuit, the city should sue. Now.

Bridgeo said last week that even with the guarantee that his taxes would be refunded, Niemann has not paid the $27,000 due this year. That is further indication that he lacks the money or the will to proceed with the job.

Bridgeo said Niemann is scheduled to be in Augusta on Wednesday to meet with city and state officials about the project.

“The state and city have been very patient as the property has deteriorated and plans for redevelopment have not materialized,” Bridgeo said.

The city and state should act, unless Niemann shows immediate evidence that he is prepared to follow through on the promises he made five years ago.

I asked what would be enough evidence.

“Show us the money,” Bridgeo said. He said the city needs proof that Niemann has money to secure the property and “the financial capacity to do what he said he was going to do all along.”

What did he mean by “immediate,” I asked.

“We need to see a physical presence, and money being spent within days,” he said. “It’s awful.”

Officials do not need to be idle while waiting.

The city lawyers should seek a court order canceling the tax agreement with Niemann.

The state lawyers should prepare legal papers to seek a court order voiding the sale.

Revoking a city tax agreement and reclaiming historic properties that have been sold to a developer are unusual steps and may pose difficult issues for the city and state, but those difficulties are no excuse for officials to do nothing while this property continues to crumble.

City and state leaders should be as angry and disgusted as I am.

And they should prove it.

David B. Offer is the retired executive editor of the Kennebec Journal and the Morning Sentinel. Email davidboffer@hotmail.com.

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