Once again City Manager Kuciemba has demonstrated his sales methods which would make a used car salesman on Washington Avenue look virtuous by comparison. In the front page news story regarding social media, Mr. Kuciemba is quoted as saying “All we want to do is go by the agreement” referring to the 380 Agreement on which he bases his criticism of the developer of Town Park Center. He goes on to say that the major grocery store has said to the developer “Why aren’t you all going to do this?” referring to what was an error freely admitted by the developer and the developer’s engineer. Not true. However, like the used car salesman who brags about the way the engine runs, he doesn’t tell you that the transmission is on its’ last hundred miles of life, or that the odometer has been set back 60,000 miles. He fails to mention that anything in the agreement relative to detention on-site is negated by another part of the same agreement the city wants to honor. The clause provides that “Onsite storm water detention and offsite storm water detention may be utilized on this project…. Developer, at his option, may participate in the BPW Park regional storm water detention pond in an amount not to exceed any available remaining capacity”. This capacity is in excess of 20 acre feet which along with the 6 acre feet of detention to be constructed on Sealy ISD property based on an agreement between the developer and the school district, and the 11½ acre feet of detention the developer owns in the JAC Park pond yields 37.5 acre feet of off-site detention, well over the maximum 30 acre feet expected to be required at total build out of the center. This is the provision the City of Sealy has breached in the performance of the contract. The City has also placed on the agenda an item providing that the City Manager be authorized to meet with the developer to ‘amend’ the agreement, although he says ‘all we want to do is go by the agreement’. The developer’s willingness to discuss alternatives is indicated by the attendance of Steven Wilson, Engineer and Mike Weber, representing Town Park Center at a meeting at City Hall on November 8, 2016. At the conclusion of the meeting City Manager Kuciemba stated he would sign a letter and send it to the major grocer. That statement was made in the presence of Mark Velasquez, Director of Public Works, Warren Escovy, Director of Planning and Community Development, David Kelly, City Engineer, Steven Wilson, developer’s Engineer, and I. The statement was made after a discussion of alternative detention plans by the City’s Engineer and the Developer’s Engineer.
As is customary in my dealings with Mr. Kuciemba, I received an email on November 15, 2016 stating that the letter would not happen.
Loren ‘Mike’ Weber