Kabot Urged Action Against Bud Long

Tulare - During a hearing that preceded a 3-2 vote to fire Steve Kabot, the city attorney revealed he had urged the City Council to no avail to take action against racetrack developer Bud Long after learning he had not kept his word regarding a $1 million bank transfer.

Tulare Motor Sports Complex developers had deposited the $1 million in a Tulare bank to assure the city would be reimbursed for paying for the project's environmental impact report (EIR), but in February 2009 they sought city approval to move the funds to a Fresno bank.

The city gave the OK for the transfer after Long, through his attorney, agreed to deliver instructions to the new bank that would give the city continued control over the money, Kabot said.

“Mr. Long deliberately, intentionally chose not to honor his commitments and his obligations,” he told the council.

“He chose to deliberately not sign that agreement [which Vejvoda already had signed with Kabot's blessing.] In doing that he breached his faith with me, with his own attorney, with the city, with you as the mayor and with council members,” he said.

“And when we learned that and we informed you of that, a majority of this council chose to do nothing about that; and in fact chose to continue to do business with Mr. Long, notwithstanding that,” Kabot said.

When news of the omission was made public at the June 2, 2009, council meeting, Long was insistent terms of the agreement had followed the money and so was his attorney Brady McGuinness when interviewed by phone later. (McGuinness also said his office played no role in the money transfer.)

Their comments angered Kabot, who said the bank had confirmed there was no agreement and, as a result, had refused to release information to the city about the fund without Long's permission.

The developer had wanted to move the money to a different bank for a variety of reasons and discussions had been on-going since early January 2009, Kabot said during last week's hearing.

After Long's attorney Myron Smith prepared the documents, the city was told the money had to move right away, Kabot said.

“And the city's policy and practice when it comes to motor sports has been as fast as Mr. Long needs it, that's as fast as we'll do it,” he said. He called the attempt to blame him because the bank transfer went awry “disingenuous.”

“The problem is not you; it's not me; it's not Mr. Pyle; it's not the city,” Kabot said. “The problem falls squarely and exclusively on Bud Long's head and to blame me again is disingenuous. Particularly since I was the one that once we discovered it brought it to the council's attention and you, the majority of the council, chose to do nothing about that.”

Vejvoda has said repeatedly he thinks Long's attorney Myron Smith outsmarted Kabot in the matter.

That was not the case, said Kabot, who produced an email in which Smith seems taken aback by his report Long had told the city that Smith had no authority to prepare the agreement, which he had brought to the airport for Vejvoda to sign with the understanding Long would sign it too.

“That is the first that I heard regarding my 'lack of authority,'” Smith wrote. He ended by saying he needed to “consult with counsel” before responding. “I feel very lonely right now,” he wrote.

'Viable' Project

The council has chosen not to follow Kabot's advice to take legal action regarding the $1 million because the project remains viable, Vejvoda said when contacted late last week.

“I think the best course of action for the city is to get our investment back – to be made whole – is to allow this project to happen; to keep the focus on the end objective, which is to create jobs, boost our economic base,” he said.

Vejvoda at another point in the July 20 hearing indicated to Kabot his displeasure over “the matter of that handwritten agreement that you had with Mr. King the night we certified the EIR.” Vejvoda said the amendment was done without his knowledge.

Kabot said he was not present when the original EIR agreement was negotiated but he had made recommendations that were not followed.

The original agreement, had it not been modified, would have allowed the Tulare bank to release the $1 million to the developer once the city certified the EIR, Kabot said. “The modification provided increased protections to the city, not decreased.”

Racetrack's Role

Observers had suspected racetrack issues played a major role in the deterioration of the 25-year relationship between Kabot and the city and the July 20 hearing confirmed that, especially when taken in context of other developments over the past year.

The city about mid-year in 2009 turned over all TMSC matters to a special counsel, Tim Sabo, and during a radio interview in late November Vejvoda was telling the public: “We sat our attorney on the bench because he was throwing the ball to the other team and he's still trying to throw the ball to the other team.”

Then in May, at the urging of Vejvoda, the council voted to put the city attorney contract out to bid. He said the matter was about cost and not the racetrack
While that was done on a 3-2 vote, with Macedo and Ross in opposition, that apparently did not mean a majority of the council wanted to get rid of Kabot at that time.

Ortega, who joined Vejvoda and Vandegrift in voting to oust Kabot, told the city attorney he had supported him until the July 6 council meeting.

That was when Visalia attorney Michael Lampe challenged Ortega's legal right to vote on TMSC matters because he sat as a director on the Tulare Industrial Site Development (TISDF) board, which was to receive $250,000 if and when TMSC land transactions were completed.

Ortega, who does not own TISDF stock and would not gain personally, has said he sought Kabot's advice and was told he could vote.

Kabot apparently told Ortega in closed session – as he did publicly last week – that he did not recall the exchange.

“Councilman Ortega, to this day I will be honest with you. I don't recall that discussion, but you tell me we had it and I accept that and I acknowledge that and I've indicated to you that I will so state to the Fair Political Practices Commission and anybody else,” he said.

Resignation Request

The dismissal hearing was scheduled for a closed door session but was held in public at Kabot's request.

He made that decision after Vejvoda privately asked him to resign.

“I said, 'No, I'm not going to resign. I don't see any reason,'” Kabot said after the vote. “No one had ever given me an inkling [of what the issues were].”

Councilman Wayne Ross noted Kabot had received above average performance ratings from the council in most categories over the past 10 years.

After he refused to resign, Kabot said Vejvoda told him he would present a list of complaints for the council to review in closed session and then ask for a vote.

“I felt – and still feel – there were no valid charges and there were no good reasons,” Kabot said when asked why he requested a public airing of the complaints.

Because he serves at the council's will, the council could have dismissed him without giving a reason.

“I don't know why you chose not to do that, but you have chosen to attack me – and in the mayor's case it's not the first time,” Kabot said.

While acknowledging the council could have fired Kabot without giving a reason, Vejvoda said “out of courtesy to Steve, I thought I'd give him some specifics.”

'Sad Night'

Visalia attorney Mike Lampe, an opponent of the racetrack who has sued the city and vice mayor on unrelated matters, decried the council's vote to dismiss Kabot, calling the complaints “rather specious.”

“The real reason he was terminated come through,” he said. “He's been advising the council majority for a very long period of time that it should be doing something to recover the $1 million Mr. Long has defrauded the city out of.”

Calling the circumstances under which Kabot was dismissed “shameful,” Lampe said “it's a sad night for the city.”

Even though Kabot's dismissal was immediate, during its regular session the council voted on what had been listed as a consent item to give his firm the official 30 day notice the contract requires.

Both Macedo and Ross, who oppose the racetrack, objected to the item being put on the consent calendar, which is normally comprised of routine, non-controversial matters.

Ross called it “a shame that someone with 25 years of service gets a consent item.”

After becoming upset with allegations Ross was making, Vejvoda remarked to the chief deputy clerk that members of the public have a limited time to speak and Ross was to get only three more minutes.

Ross called for a council vote on that, charging the move was precedent setting.

“Since when do I get to shut up,” Ross said. “I'm an elected official, with no different power than you. You are 20 percent of this council – no more, no less.”

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High Marks for New Library

Tulare - Sullivan Weaver and his older sister, MacKeeley, joined their parents at the sneak peek at the new Tulare Public Library and it didn't take long before the youngsters – both veteran library users – appeared totally at home in their new environs.

The pair, children of Matt and Denyse Weaver, will have many more opportunities to enjoy the 31,000-square-foot library, which was scheduled to open this week on Tuesday to the general public.

While others, mostly adults, wandered around the library and City Council Chambers, Sullivan, 7, sat at on the floor, intently reading, putting his book down only briefly when asked what he thought of the new building.

“It's fun; it's big,” the soon-to-be Garden School second grader said. “I like the silo.”

A short time later he moved to the comfy kids-size furniture installed under the silo and resumed reading, again oblivious to the world around him.

MacKeeley, 9, was sitting at a nearby table reading “Christmas in Camelot.” She said she was excited because the library had purchased new books from the Magic Tree House series.

Like her brother, she liked the silo in the children's area.

“I think it's kind of cool; it's a skylight,” she said.

She also liked the library's location along the Santa Fe Trail, which she and her family frequently travel on bicycles.

“I actually have an interest in architecture,” the Garden School fourth grader said, adding she watched the building going up as she rode passed frequently and would wonder about what she saw, especially the projecting cantilever off the City Council Chambers.

“Is it going to be shade? Is it to show off the building?” she recalled asking herself.

The Weaver children were not the only ones who liked the new building.

“It's airy, it's light and it has lots of seating for the children,” said Blondina Scheer, a retired Wilson School librarian.

“Money well spent,” chimed in her husband, Balzer, a retired teacher and school administrator who said he plans to spend time in the genealogy area.

Many people were walking around with an armful of books, which library aides and librarians eagerly helped them check out.

“You can't believe the number of people who've come into say, 'hi!'” said Marilyn Hanson, who works in the genealogy area.

“I hope they take advantage of the room,” said Lorene Clark, president of the Sequoia Genealogy Society, explaining people sometimes travel out of the area to find materials because they are unaware they are available at the Tulare Library.

“It's a very nice thing to have for the city and the county,” Clark said.

“Eat your heart out, Fresno,” Major David Scott of the Tulare Corps of the Salvation Army said as he toured the new City Council Chamber, which the council will use for the first time on Aug. 3.

Like the rest of the building, the chamber features the inverted bowstring trusses – described as “unique” in a local architectural newsletter – and also two giant screens from which audiences can view power point and other presentations.

Thanks to that projecting cantilever, audiences can look out of the window near the ceiling behind the council dais and see flags flying.

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A.J. Spencer Dies at Age 105

Tulare - At St. John's Missionary Baptist Church, the Rev. Robert Charles called the funeral service for 105-year-old A.J. Spencer “a home-going for a great individual” and those present couldn't agree more.

Mr. Spencer, or Deacon Spencer as church members said he liked to be called, died July 18 in Tulare, where he had lived at the Salvation Army's Silvercrest until about three or four months ago, when declining health made convalescent care necessary.

“I tell people that although he didn't have any money, he was the richest person I've ever known,” said Chris Beck, who met Mr. Spencer after reading a story about him on his 100th birthday and learning he loved to fish but couldn't find anyone to take him.

He called him up and invited to go with him to Lake Kaweah.

“Watching him catching that first fish when we went fishing – the smile on his face was just like he caught a pot of gold,” Mr. Beck recalled.

Beck, his wife Chrissy, and friends Richard and Georgia Montgomery, went on to became important people in Mr. Spencer's life, encouraging him to move from his trailer, driving him to an out-of-state courthouse so he could get the documents he needed to qualify for Silvercrest and furnishing his apartment for him.

Mr. Spencer was known as a man who loved interacting with people and never met a stranger.

“I think that's why he lived as long as he did,” one woman said.

Mr. Spencer also was a great story teller, whether he was speaking to a newspaper reporter or friend and, as one woman said, when he told stories about people, his vivid descriptions allowed listeners to picture them in their mind.

In a 2006 interview, he described the scene when the local doctor drove the first car into Creek County, Okla., where his mother was raising her six boys and six girls after his father died.

“A lot of those old hens didn't know they had wings to fly,” he said. “Dogs that would kill a bear ran into the house.”

Mr. Spencer witnessed many other things during his long life that he had not expected, including the November 2008 election of Barack Obama, the first African-American to become president.

He had lived during the time when a black man couldn't even vote, he said. “I never thought then I'd live to see a black man be a high sheriff, never mind president.”

He talked about how in the primary he had supported Hillary Clinton in her quest for the Democratic presidential nomination and appeared surprised when a reporter asked if had had any qualms voting for a woman.

“Oh, Lord, no!” he replied. “She had paid her dues. She had every right to be president.”

While Mr. Spencer kept up on current events, it was his Bible that he loved to read the most and Deborah Robinson said old time Gospel music was his favorite music.
There was every indication at his funeral that Mr. Spencer took to heart the words of scripture.

One woman told funeral-goers that she was just a young girl when she met Mr. Spencer and she marveled at how well he treated his beloved wife, Verna, who died in December 1999 after 69 years of marriage.

“I wanted to meet a man who cared about me like Mr. Spencer did his wife,” she said.

Another woman, a Wal-Mart employee, said Mr. Spencer “kept us on our toes.”
He would hand over his wallet and ask a clerk to take out the money he owed, which took many by surprised, she said. “He just trusted and loved everybody.”

Mr. Spencer also used to ride his scooter down to Drive-in-Liquor Mart, not to buy liquor but to buy soda and have owner Sarafa Ali help him with his bills.

Mr. Ali recalled visiting Mr. Spencer when he was in the convalescent hospital and asking if he needed anything.

He replied he wanted “a cold, cold soda,” which Mr. Ali brought to him.

“I felt guilty until I saw the expression on his face when he drank it,” he said.

Mr. Spencer was born Oct. 9, in Winnsboro, Texas, to Will and Rosie Spencer. He migrated to Los Angeles in 1948 and then to Compton, where he worked for more than 40 years.

During that time, he bought property in Tulare to surprise his wife, calling it “the retirement lot” and eventually building a two-bedroom house on it.

He and Mrs. Spencer spent their summer vacations at the house.

Mr. Spencer spent 50 years as a construction worker, moving to Tulare after retiring.

He is survived by his daughter, Maxine Williams; George Williams, his ex-son-in-law and good friend; four grandchildren; and four great-grandchildren.

Burial was at the Tulare Cemetery.

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Stowe Returning To Porterville

Tulare - Porterville officials have succeeded in convincing Tulare Parks and Recreation Director Milt Stowe to return to that city as head of the Parks and Leisure Services Department.

“They had been recruiting me for awhile and I turned them down quite a number of times,” said Stowe, who has served the city for the past four years.

“One of the things that turned me around is a group of employees approached me and they asked me to come back,” he said.

The city is offering him a comparable salary -- $114,000 annually – but a better benefits package, he also said.

Stowe, 57, worked in Porterville as Parks and Leisure Services director for 24 years before coming to Tulare in 2006. He continues to live in Porterville because he was unable to sell his house after he took the job here.

“I love Tulare,” he said. “Had we sold our house at the right time, before the market dropped, I would probably have been here for a long time. It's been a great town to work with and people have been supportive and accepted me as a Tularean and I certainly have appreciated that.”

His departure was upsetting news for Craig Hancock, chairman of the Parks and Recreation Commission.

“I'm very disappointed in the City Council for not keeping him,” Hancock said, explaining he had hoped the council would match Porterville's offer to keep him here until he retired.

“Now we've been put behind the eight-ball to find someone,” Hancock said, adding he understand that if “budget numbers were too far out of whack,” the council would be reluctant to take on additional costs.

Stowe has done an outstanding job for the city, he said, adding he had yet to meet a person who's said a negative thing about him.

City Manager Darrel Pyle, who previously worked with Stowe in Porterville, said he too will miss Stowe.

“Not only is he a very skilled government employee, but he's just a wonderful person and I think that's why he's been so successful,” Pyle said. “When Milt has an idea or has a problem to be solved, everybody's always happy to help.”

Stowe was responsible for completing the Del Lago Park project and Rotary Skate Park and introducing fishing derbies, a spring carnival, a summer drop-in program and other activities.

He has found a temporary location for a dog park and has been working to find a permanent location.

Pyle said he will talk with people in the recreation industry as he searches for Stowe's replacement.

“He's not leaving for a foreign country, so I anticipate Milt helping me find our next director,” he said.

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