Thursday, August 1, 2013

Who Approved this When?


  Council Persons John Gretz, Pam Dodson, Jake Jacobi, and Jim Shelton, voted in favor of approving a severance package for Police Chief Pabon during SCCM on Sept 29th, 2011. (Rita Davis was absent)
  This agreement in the severance package was drafted by the Windcrest City Attorney and I find this extract appalling: 

   (Chief Pabon is the Employee) 

“… Employee understands that this agreement not to disclose applies to everyone to whom Employee may so disclose, specifically including, but not limited to all citizens of the City, present and former employees of the City, applicants for any position with the City, and any persons or entities with actual or proposed business dealings with the City.”….(emphasis added)

  What is going on when the City Attorney includes wording in an agreement that even the existence of this agreement can NOT be disclosed to any persons, Specifically Citizens of Windcrest. 

  The same City Attorney denied an open records request for a copy of the Severance Agreement. However, the Texas Attorney General issued an opinion the city had to release the Severance Agreement.

The total cost to the City of Windcrest for this Severance Package was $49,360.27. 

 Now Consider this:

  1. The Motion was approved Sept 29th during the 3pm council meeting.
  2. The Check was signed and Dated Sept 28th!!!  The day before Council Met!!

Yes!! Check  was cut BEFORE council voted to approve Chief Pabon’s Severance Package!!!

Is this not proof positive of a back room deal?  Seems the council meeting and vote was for SHOW folks, the decision had already been made.  

  Do you think signing a check prior to Council approval violated city finance policies and procedures?  

  Windcrest needs NEW leadership!  


Tuesday, July 23, 2013

Racker Road Change Orders

 Racker Road is very near completion, however, a WEDC board members indicated having two way traffic at the frontage road entrance was very dangerous and Racker Alley should be changed to One Way.

 Racker Alley in case you wondered is the drive/street off IH 35 Frontage Road that runs between Applebee's and Olive Garden.  
 
  The changing of the signage, road markings etc were approved "verbally"  according to the engineer overseeing the Rack Road project.  Racker Alley is being changed from a Two Way Street to a One Way street right now.
 
  This Change Order comes in the final days of the entire Racker Road project and a road way approved by two engineer firms, RackSpace, WEDC and I assume Texdot at some point, being an entrance to their frontage road.  Who overlooked this dangerous situation at the beginning?

  The engineer hired to oversee the Racker Road project for WEDC said there were several change orders he had not approved.  The engineer indicated the work had been completed, he just had not approved the payment of the change order.

 The WEDC board president indicated he would assist the engineer in negotiating the amount being charged for these outstanding change orders.
 
"Change Orders" are normally approved before changes are made to the construction plans.  How do you complete the work indicated on a change order without having the cost approved?  Can a contractor charge what ever he wants for a change order?

 

 

Monday, July 22, 2013

Windsor Park Mall Trailer Park!

Follow up to the recent post concerning Termination of Restrictive Covenants.  The original document is huge so only the first two pages were scanned (see below) which details the prohibited establishments for the 111 acres of newly annexed property. These are NO longer prohibited.

The original WEDC board had the right idea, they established a Declaration of Restrictive Covenants in August 2007 when the property was purchased by WEDC.  The restrictions was meant to prohibit busniesses such as mobile home parks, sexually oriented businesses, and those small used car lots,  etc.  
 The WEDC Board approved a motion to Terminate the entire Declaration of Restrictive Covenants!!
  Trailer Parks, Mobile Home Parks are no longer prohibited.  I'm not expecting anything like this in the immediate future, but 5-10 years down the road, guess what!!





Saturday, July 20, 2013

WEDC Terminates Restrictive Covenants!!

My take on the WEDC during the July 18, 2013 meeting concerning the 111 acres.  The Declaration of Restrictive Covenants was made August 2, 2007 and filed at Bexar county 0n August 20, 201.  list This list the restriction on the 111 acres, such as prohibiting trailer parks, adult clubs, anything that generates lots of noise etc, a shopping list of prohibited uses for the 111 acres.  Now there are No restrictive covenants.    

Background:
 Jan 23, 2008, WEDC originally paid $17,179,045.03 for the 111 acres from Windcrest Revitalization Partners II, LLC (Actually Gary Cain & Company paid it I think) But according to the spin, I understand the city was possibly under obligation for the total $17 Mil.  Any way later the 111 acres went into bankruptcy.

Jan 3, 2012 - Stafford Properties or SLF IV Eisenhauer Point, LP purchased the 111 acres from Bankruptcy for a cool $6,200,000 (what  a discount!!!)

Well, Thursday evening Stafford asked theWEDC to terminate the covenants on the property.  The WEDC did just that.   WEDC passed a motion to terminate the declaration of Restrictive Covenants to the 111 acres. Done!

It appears Stafford was saying that by purchasing the property from Bankruptcy that  terminated the Declaration by operation of law.  I guess they are saying buying from bankruptcy null in voids and declaration of covenants.  If  that  
Is the case, why the motion to terminate?   I’ll let you ponder the reasons.


Friday, July 19, 2013

Windcrest WEDC OWNS Property in San Antonio?

Often, during conversations, people are surprised to learn that Windcrest is on the Deeds to vacant land which is located in San Antonio.  Actually the tax records reflect City of Windcrest Economic Development Corporation (WEDC). Many people assume the vacant land they hear being discussed is the vacant land adjacent to Rackspace, often referred to as the 111 Acres.  But this is absolutely Wrong.  The City of Windcrest Economic Development Corporation holds the title to some 150+ acres in San Antonio City limits.  I'm Not talking about the 111 acres, I'm talking about another 150+ acres that San Antonio does not collect property tax on because WEDC is tax exempt.
 
  There are 6 parcels for an approx total of 150+ acres still in WEDC name as of July 2013.  The property between McDonald's and Pep Boys (little less than 30 acres) along Walzem Road was recently transferred from WEDC's name to IWANTAOIL, LLC .  IWantaOil then sold it to Walmart as of May 2013.

  However, the vacant property behind this Walmart property all the way to Eisenhauer and north to the nursing home and even 3 parcels on the West side of Eisenhauer are still deeded to WEDC.

 During a recent WEDC board meeting the acting Executive Director said he was working on getting those properties out of WEDC's name because of "liability Issues," but nothing has happened to date.

The original agreement to place the property (then 180acres) in WEDC name was part of the incentive to get Gary Cain and Michael White to purchase Mall (now Rackspace) and the 111 acres.  They get to hold the 180 acres, tax free until they find a buyer, sweet deal.  They found a buyer (Walmart) for about 30 acres so that was moved back onto the San Antonio  tax rolls.  No telling how long before the rest sells.

  The 111 acres adjacent to RackSpace has been purchase by Stafford Properties and taken out of WEDC name.  The Rackspace building is still deeded in WEDC name as Rackspace has a paid 30 year lease on those facilities.

  During a recent WEDC board meeting, during a presentation on the progress of Racker Road, the WEDC board president asked a rhetorical question "Who owns that property, We do, the WEDC owns it."

That says it all!

Thursday, July 18, 2013

WEDC Hires City Employee as Administrative Assistant

Windcrest Economic Development Corporation (WEDC) voted 3-1 to hire Michael McAlear as a part time administrative assistant for the WEDC.  Michael is currently a full time employee in the Windcrest Finance Department. He will work both jobs according to the board members and executive director.
  Michael has a Masters Degree in Public Administration and has the experience needed for the vacancy said board member Sue Alexander.  She conducted the interview with applicants for the job.
  Another WEDC board member asked if there was a job description because she had not seen it.  Sue Alexander said yes and produced a copy to hand over.
  Strange that fellow board members do not already have a job description for a vacancy the board is trying to fill.

  In this part time position Michael will work between 20-30 hours per week.  For special events he may work more hours and the city is OK with that.   Michael already receives benefits with his full time finance job so WEDC will pay Michael a flat rate of $23,000 per year as a contract employee.

  The WEDC lawyer did not have a problem with the arrangement.  The WEDC president is also an Attorney, he did not voice any concerns, but I think the deal stinks!
   This does not pass the smell test!  Michael will have to work 60 hours a week minimum to satisfy both job requirements.  Now he could answer calls to WEDC while at his Finance Desk and conduct WEDC business from that same desk, how is that a sweet deal or what.
  He could move his finance work to the WEDC trailer and work both jobs from the same phone.
  No one works at city hall after 6 PM (i'm being generous, it really 4:30 PM), so what will Michael be doing to reach 20 hrs each week.  The Launch party at Rackspace on July 25 will net him a few actual working hours.  Paid to Party, can't beat that deal!
  Only with this current administration could something like this happen.


Wednesday, July 17, 2013

Comments Welcome.

Anyone can now comment on this blog.  Comments will be monitored prior to posting.

Get involved and help make constructive change to our current political situation.  There will be 3 opening on the ballot this year.
  City Council Place 4
  City Council Place 5
  City Mayor.

  The filing packages for those wishing to file for one of these positions will be available for pickup at city hall in late July.