ORD CITY MAYOR RANDY O’BRIEN, SUPERINTENDENT PAUL MARKOWSKI AND VIAERO GIVE THE CITY OF ORD THE BIRD(S)….

by Guy Brock

This is Section 1 of Part III. If you need to catch up, Parts 1 and 2 can be read here.

Part 1
Part 2

Over the past months, we have seen how our tax money is being spent with oversight being provided by our elected representatives who were supposed to be looking out for the tax payers’ interest. What you are about to read is another installment in that oversight or who is serving whom?

At the city council meeting of May 3, 2010, Superintendent Markowski (what I call the Markowski Meltdown) addressed his real estate deals and acts as though he is offended at the appearance of shady deals. Superintendent Markowski then describes in his own words, “I was at a state basketball tournament when the city clerk called me and said that Viaero was looking for a lot. That’s the first time I heard about it and at that time she gave them a list of available lots that she had.” I wrote my response stating, “Thank you Superintendent Markowski for confirming what many of us had already suspected, that you were given inside information that Viaero was looking for a lot.” Superintendent Markowski omitted the rest of the story, as to how Viaero purchased the privately owned lot that he owned, rather than a city lot that was on the list given to Viaero by the clerk.

Paul Harvey said, “And now the rest of the story…,” how well economic development has worked for Superintendent Markowski with Mayor O’Brien’s help. It began with the purchase of a residence (Lot 4 in Block 34) in April of 2006, in the amount of $22,000 with a total tax valuation of $27,345, $5,345 below tax valuation. Also during the month of April of that same year, approximately 9 days later the purchase of the residence on (Lots 2 and 3 of Block 34) were purchased in the combined amount of $8,000 (that’s for both) with a combined tax valuation of $10,825, $2,825 below tax valuation. If memory serves me correctly, Markowski stated that the real estate transactions he had been involved in were purchased at above tax valuation??? Less than one year later, Superintendent Markowski entered into a contract for Viaero to purchase lots 2, 3 and 4 in Block 34 in the amount of $80,000 including an additional $20,000 to Superintendent Markowski for removal of all improvements at purchaser’s expense (Viaero). Who do you suppose paid for the city services to be cut, I.e. electricity, sewer, natural gas, etc.? If memory serves me correctly, Superintendent Markowski had previously stated he owned these residences for a year and a half before Viaero purchased them??? There are some notable contingencies on the purchase agreement, particularly satisfactory approval by all local government agencies for a 150 foot telecommunications tower. Clearly the legal representatives for Viaero wanted to be sure they could get local zoning approval before final purchase, which of course starts with the zoning administrator who is Paul Markowski.

Another notable situation arose in my request for documents to Mayor O’Brien, concerning the conditional use permit requested by Viaero. The purchase agreement submitted by Viaero to the city as part of the request for the conditional use permit was excluded. Subsequent requests to Mayor Randy O’Brien and upon the conclusion of the Irish River Dance produced the purchase agreement between Markowski and Viaero, altered from its original form. The alterations consisted of a black out on the purchase price that utilities superintendent, zoning administrator, Paul Markowski was receiving from Viaero Wireless. The application for conditional use permit dated 4-10-07 (less then one year after Markowski’s purchase of lots 2, 3 and 4 in block 34) had several attachments to it to include, building drawing preliminary site map, a picture of 1,200 sq. ft. retail store, preliminary entrance/exit from/to Hwy 11 and N Street. What also came in the pack of requested documents was drawings detailing the west, north, and east elevations, and is labeled as “Viaero Wireless - Ord Sales Store Building, Ord, Nebraska”, curiously dated May 7, 2007(nearly a month after the application date for the conditional use permit and on the same date as the city council meeting). The city council meeting addressing the conditional use application filed by Viaero Wireless for a 150 ft lattice communication tower on lot 2, block 34 was held on May 7, 2007. Paul Markowski, zoning administrator… reported that all of the required steps have been followed for the conditional use application. He told the council that lots 3 and 4 in block 34 are zoned commercial, that Viaero is proposing a parking lot and building indicating that no zoning changes need to be addressed and that on lot 2 in block 34 is where the proposed tower was to be built.

What is noteworthy at this point, Zoning Administrator Markowski revealed to the council that lots 3 and 4 are commercially zoned, but omitted disclosing that lot 2 (where the tower was purposed and now stands ) is zoned residential and remains so today, with lots 3 and 4 (formerly commercial) are now combined with lot 2 are now currently taxed residential. Zoning Administrator Markowski continued and advised the council that they could answer the application for conditional use permit with 4 different options.

1. Approve the conditional use permit.

2. Deny the permit.

3. Approve with conditions.

4. Table for future considerations.

After Zoning Administrator Markowski gave his legal opinion as to the options available to the city council, he stated he would open the meeting up for comments. (If it appears in these written words that Paul Markowski had taken over the city council meeting, it should as the audio tape reflects that he did.) Utilities Superintendent, Zoning Administrator, Lobbyist for Viaero Wireless, Owner/Seller of Real Estate, Chairman of the city council, and Legal Opinion Render – Paul Markowski permitted Chris Riha, Site Acquisition Manager for Viaero Wireless to speak to the city council. Chris Riha spoke to the city council in length, notable to the city residents was why they wanted to come to the city of Ord was to increase retail sales, and in doing so building a retail store, with the tower behind the store this would kill 2 birds with one stone. They would employ a sales manager, several part time employees and provide a customer service center. Someone then asked (difficult to distinguish who on a terrible audio tape) Chris Riha what is your time table, your drop dead date? Riha responded stating that it takes at least 90 days for FAA, FCC and NEPA approval and that they would like things up and running by the windmill festival hopefully before winter gets here.

With that being said Markowski spoke up and stated that he is under a time line, that he has had another person interested in the property that the other party had been waiting for 3 weeks, and that if the council delayed he could lose the sale of the property.

How is it Zoning Administrator Markowski, who entered into the purchase agreement on the 4th day of April 2007, with a closing possession date of the 4th day of August 2007 (120 days) is under a time line that if the council does not immediately act he may lose this deal or some other supposed deal?

Clearly Zoning Administrator Markowski became distraught at the question of the drop dead date that the conditional use permit may get tabled and needed to be moved along. Council Member Eppenbach then spoke stating that she does not have enough time to make a decision and that she would like to get more input from the community. A further discussion was made concerning the 8 ft wall to be put up around the tower as verses the 6 ft wall. Mayor O’Brien then took control of the chair and asked for a vote. Petska moved to approve the conditional use permit, seconded by Blaha. Roll was taken Koehlmoos, Petska, and Blaha voted yes. Goldfish, Eppenbach, and Carson voted no. The tie breaking vote came from Mayor O’Brien, in favor of Markowski.

How did Mayor O’Brien’s rush to decision benefit the people he was elected to represent? It didn’t. In a rush for beneficial decision in favor of Markowski, the requirement for a retail center, to be included as part of the conditional use permit was omitted, along with $28,300 in lost improved tax valuation.

Chris Riha claims that Ord is still on the list for a retail center (considering they were denied a $40,000 to $60,000 incentive to build a retail center it may take a lot longer), but the fact is Viaero is under no obligation to do so, and is benefiting from a land tax valuation of $9,870 for residential lots, as verses a retail center built on commercial lots and being taxed accordingly. There just isn’t much incentive for Viaero to be in any rush to build their new retail center, considering they already now have a Viaero agent on the square. Another interesting observation is that the City Attorney, Randy Cullers was present during the city board meeting addressing the conditional use permit, but did not offer as much as a suggestion, to include in the conditional use permit, a retail center. Interesting though, the Law Office of Stowell, Kruml, Geweke & Cullers executed the warranty deed from Superintendent Paul Markowski to Viaero Wireless. Also absent from the scene was the then director of the economic development, Bethanne Kunz. Clearly this was another Markowski Affair for the sole benefit of Markowski, with Mayor Randy O’Brien again providing no oversight of the clear and obvious conflict of interest, giving his blessing instead and no representation for the city that elected him.

Other notable chain of events… What city council member, who voted for the Superintendent Markowski/Viaero Deal had Markowski City Tree Service remove a tree on his privately owned property last year, after one of our storms? Could this be Superintendent Markowski showing his appreciation for that same council member’s motion to approve the conditional use permit, as well as the council member’s yes vote?

Guy Brock

Ord, Ne

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Section 2 of PART III

ORD CITY MAYOR, RANDY O’BRIEN, SUPERINTENDANT PAUL MARKOWSKI AND VIAERO GIVE THE CITY OF ORD THE BIRD(S).

Three years after the approval of Viaero’s conditional use permit for a 150 ft lattice communication tower on lot 2, block 34, and the city of Ord still does not have a retail center providing tax support for the city that they desired to increase sales in, a sales manager or several part time employees. What we do have is an ugly tower sitting in a weed patch in our recently and very expensive renovated downtown.

What did the city of Ord gain from all of this? We got the bird from Mayor O’Brien and Superintendent Markowski and the birds from Viaero…the Turkey Vultures that have taken up residence on the Viaero Tower.

In my discussion with several other people about this Markowski Affair several ideas have come up, as to how to turn this issue in a manner that would benefit the city of Ord. Here are some of the ideas:

1. We dedicate the tower as the Randy O’Brien Memorial Tower, on the Paul Markowski Buzzard Sanctuary.

2. We hold the Annual Buzz-Ord Days; build economic opportunity from wildlife watching and as a tourism attraction. We can request that the Valley County Tourism assist in promoting the Buzz-Ord Days. Ideally held at the same time as the Windmill Festival giving people the opportunity to attend both functions, buzzard watching during the day and band music at night with a barbeque and a beer garden set up between 14th Street and 13thStreet on N Street giving folks the opportunity to view the buzzards and eat barbeque. However, Turkey Vultures can’t be served up as a barbeque menu item as they are protected by the Migrating Bird Treaty of 1918.

3. Additionally, we could request that the Ord School change it’s mascot from the Chanticleers (the chicken) to the Buzz-Ords. (I wish I had thought of this one, but credit must go to another.)

4. Another idea was to have a chain saw carving contest for the best carving of a buzzard.

We could even set up some of those magnifying binoculars that you make operate by putting in quarters for a close up view of the buzzards.

Let’s hear some more ideas…

Guy Brock

Ord, Ne

Published: Monday, August 16 by admin -- 7 Comments