Steve's Soapbox

Thursday, February 10, 2005

Brownwood Hotel & Vote Republican Banner


“ With a collection of architecture that spans more than 140 years, the city could capitalize on this wealth instead of letting it be destroyed. Towering above the eclectic collection of buildings is the once-grand Brownwood Hotel, an early-20th-century luxury hotel that now stands vacant.
The owner of the old hotel, Virginia businessman and former Brownwood resident Mitchell Phelps, was recently fined more than $13,000 after the 11-story building was cited for numerous safety violations.”
source: http://www.austinchronicle.com/issues/dispatch/2000-07-07/cols_daytrips.html
--------------------
Texas law liens on landlord
By KATHARINE CARLON
Journal staff writer
Local landowner Mitchell Phelps got some unwanted publicity earlier this year when he was accused of renting a run-down and unsafe townhouse to failed 51st District House of Delegates candidate Debra Wilson during her trial for election fraud.
Now, Phelps, the owner of about a dozen rental properties in Prince William County, is under attack by officials in a Texas town for allegedly failing to properly maintain his properties there.
``Basically, his buildings have had a series of serious code violations ... from inadequate plumbing and inadequate electricity to leaking roofs and windows out," said Gary Butts, city manager of Brownwood, a central Texas town of about 19,000 residents.
``When the elements are allowed to get in, it's not long before deterioration sets in. And the majority of his buildings are deteriorating badly."
According to city officials, Phelps owns a number of buildings in Brownwood, including several rental homes, an apartment complex, a three-story commercial building located directly across from city hall and the 11-story Brownwood Hotel.
Several of the buildings, including the hotel, have historic significance, Butts said. But, he added, nearly all of them have fallen into disrepair and pose safety hazards for both inhabitants and passers-by.
``It's unfortunate it's this way," Butts said. ``These are nice structures that could be worth a lot if they were taken care of. But these are not being taken care of, and it can't go on."
Butts said he and his staff have repeatedly encouraged Phelps to fix his buildings. In several cases, he said, the city has placed liens on his properties and made the repairs itself.
But now, in hopes of sparing the town money and aggravation, Brownwood is in the process of toughening its enforcement efforts and passing ordinances allowing officials to fine negligent owners as much as $1,000 a day.
Neither Mitchell Phelps nor his wife, Myrna, the former chairwoman of the Prince William County Republican Committee, returned phone messages left at their home Wednesday and Thursday.
Butts said Brownwood city staff also had a hard time reaching Phelps. The city has issued several letters notifying him corrective action needed to be taken, he said, but in most cases the work was never completed.
``He comes in and does a little, but then he disappears and we can't reach him," Butts said. ``In some cases, we have had to step in and file liens and do the work ourselves."
In one case last fall, Butts said the city had to fill in a swimming pool owned by Phelps because the wooden fence around it kept getting blown over by high winds.
``In order to feel comfortable we were doing our due diligence for public safety, we had to do it," he said.
In another case last year, he said, the city had to complete demolition of a Phelps-owned hospital after Phelps walked away from the project.
Butts said Phelps met with city officials around the first of the year and promised to do some electrical work on the historic Brownwood Hotel.
``He said he was going to bring it up to code so he could put it up for sale," he said. ``But as far as I know, not much work has been done."
Butts said the condition of Phelps' properties was not the only reason for the city's decision to revamp its code enforcement, hire a new zoning code administrator, establish a new building standards commission and pass new ordinances allowing the city to fine neglectful owners.
But, he added, ``given the nature and size of the buildings [Phelps owns], I would have to say they were a major factor."

The Journal Newspapers
04.05.1998
Landlord lambasts property criticism
By KATHARINE CARLON
Journal staff writer
Mitchell Phelps, the owner of dozens of properties in Virginia and Texas, defended his reputation as a landlord and a landowner Friday in response to accusations he has failed to properly maintain buildings in both states.
In an interview Friday, Phelps chalked up criticism that some of his rental properties in Prince William County are dirty, dilapidated and even dangerous to ``disgruntled" former tenants whom he evicted for not paying rent.
Phelps also denied Texas officials' claims he failed to properly maintain properties in his hometown of Brownwood, charging the accusation was little more than small-town politics.
``There were 18,000 people living there when I was a kid, there are 18,000 there now and everybody down there talks about everybody else because there's nothing else to do," Phelps said in response to Brownwood City Manager Gary Butts' claim many of the Brownwood buildings owned by Phelps' corporation have serious code violations and present a menace to public safety.
``I am one of the only people who left there and became successful and I guess they don't like that."
In an interview last week, Butts said his city was forced to file liens against several Phelps-owned properties in order to complete corrective work and was in the process of tightening up its code enforcement efforts in hopes of forcing negligent owners, including Phelps, to fix up their decaying buildings.
``Basically, his buildings have had a series of serious code violations ... from inadequate plumbing and inadequate electricity to leaking roofs and windows out," Butts said.
``When the elements are allowed to get in, it's not long before deterioration sets in. And the majority of his buildings are deteriorating badly."
Phelps, who was accused by a number of witnesses of renting a run-down and unsafe townhouse to former 51st District House of Delegates candidate Debra Wilson during her trial for election fraud in Prince William County, did not return phone calls seeking comment prior to a Journal story on

The Journal Newspapers (Background information Blurbs)
Party players turn on Phelps
By KATHARINE CARLON
and MEREDITH DEWEY
Journal staff writers

Several Prince William County Republicans are blasting local Republican Party Chairwoman Myrna Phelps now that the candidate she promoted for the 51st District House of Delegates seat has been convicted of election fraud.
On Tuesday, a six-man, six-woman jury found Debra Wilson, a 42-year-old single mother of three, guilty of misrepresenting her address on sworn documents filed with the county registrar's office and recommended sentencing her to 30 days in jail.
But supporters and fellow Republicans argue she did not act alone and shouldn't take the fall by herself.
``This is a girl who was just done in by some people - mainly the Phelpses," said Ella Shannon of Woodbridge, a member of the local Republican Committee. ``Maybe people are jumping on the bandwagon and saying, `It's the Phelpses, it's the Phelpses.' But I guess the more and more I heard about this, I just felt she was being led by her nose."
------------------------
Fallen pawn
ALTHOUGH HER STORY of naivete rang true, failed delegate candidate Debra Wilson was convicted this week of election fraud.
That's as it should be.
Wilson bears ultimate responsibility for her decision to file as a candidate despite not living within the boundaries of the district she hoped to serve as a delegate. She might have been roped into running, but she could have slipped the knot once she knew she couldn't live in the house allegedly offered her by Republican Committee Chairwoman Myrna Phelps and her husband, Mitchell.
--------------------------------
Jury votes to convict Wilson
By KATHARINE CARLON and
MEREDITH DEWEY
Journal staff writers
Defense attorneys claimed Wilson was a pawn in a ``political conspiracy'' that originated with Myrna Phelps, chairwoman of the Prince William Republican Committee.
Steketee said Wilson was having financial troubles and looking for a place to live when she met Myrna Phelps, who conveniently knew of an place she could rent - a townhome her husband, Mitchell Phelps, owned.
Defense attorneys said the Phelpses gave Wilson a key to the Beale Court townhome in late March and told her she could move in rent-free with only a verbal lease.
``I don't know what color glasses she was wearing,'' Steketee told the jury. ``But obviously they were not as clear as they could have been.''
Steketee said it was obvious the townhome was uninhabitable.
Shortly after the Phelpses made her this offer, defense attorneys said they presented her with an additional opportunity - potential political office.
These offers, Steketee said, fall nothing short of a setup.
``She was snookered,'' Steketee said of his client. ``They put the bait on the line, and she took it.''
Prosecutors said Wilson was no pawn in the Phelpses' master plan.
And, they said, if there was a political conspiracy, Wilson was part of it.
``The Republican party is not on trial,'' Nichols said. ``[Wilson] is. And if she was wearing colored glasses, they were colored with political aspirations.''
Several Republicans who attended portions of the trial said they were outraged by the verdict.
``This is a miscarriage of justice," said Lois Battistoni, Wilson's neighbor. ``Yes, she was wrong. She was stupid. She was naive. But I blame this all on Mitch and Myrna Phelps, who recruited her. Those people are despicable."
--------------------
Candidate's trial to open
By KATHARINE CARLON
and MEREDITH DEWEY
Journal staff writers
If Debra Wilson is convicted next week on charges she misrepresented her address during a failed run for the state's 51st District House of Delegates seat, there are those who will say she got what she deserved.
But a growing number of prominent Prince William County Republicans say the only thing the 42-year-old single mother of three is really guilty of is political naivete and listening to bad advice.
And some say Wilson isn't the only one prosecutors should be investigating when her trial on charges of election fraud opens Monday morning.
``Some people think the Phelpses are partly responsible,'' said James Young, a member of the Prince William Republican committee, referring to local Republican Party Chairwoman Myrna Phelps and her husband, Mitchell. ``But I wouldn't say they did it alone.''
------------------
Defense: Politics hooked Wilson
By KATHARINE CARLON
and MEREDITH DEWEY
Journal staff writers
When Debra Wilson's trial on charges of election fraud started Monday, prosecutors and defense attorneys found more areas of agreement than disagreement.
Both sides agreed that for much of the campaign the failed candidate for the state's 51st District House of Delegates seat wasn't living at the 3541 Beale Court address she claimed on official campaign documents. Both agreed politics played a part in the residency controversy.
And both agreed the fact the Beale Court home was owned by prominent local Republican Mitchell Phelps, husband of Republican Party Chairwoman Myrna Phelps, raised eyebrows.
-----------------
About two months after permanently moving into the home, Wilson was indicted by a grand jury on charges of election fraud. The next day, she lost the 51st District seat to Brickley and just a few months later, the Phelpses filed suit against her in an attempt to collect $1,800 in back rent.
``[The Phelpses] gall rose even further after the election when they filed an unlawful retainer against her" for not paying the rent," Steketee said. ``The truth is they didn't need her anymore."
Under oath, both Mitchell and Myrna Phelps denied playing a major role in recruiting Wilson for the 51st District race and claimed the Beale Court townhome was in move-in condition.
``There were no problems that I know of," Myrna Phelps said. ``I know she was concerned about the front door lock and the privacy fence and we fixed them. Later, she asked me to take care of some cosmetic things, but that was all."
But Ronald Turner, the former vice chairman of the Neabsco District Republican Committee, said he quit his position in disgust after learning of Wilson's indictment.
Turner said he visited the Beale Court home in October, one month's before Wilson's indictment and nearly fell through a rotting staircase in the basement.
``I resigned because I knew of someone who had actually committed a conspiracy and it wasn't Debra Wilson," he said. ``It was Mitch and Myrna Phelps."
------------------
Wilson fraud trial starts
By KATHARINE CARLON
and MEREDITH DEWEY
Journal staff writers

If Debra Wilson is convicted next week on charges she misrepresented her address during a failed run for the state's 51st District House of Delegates seat, there are those who will say she got what she deserved.
But a growing number of prominent Republicans say the only thing the 42-year-old single mother of three is really guilty of is political naivete and listening to bad advice.
And some say Wilson isn't the only one prosecutors should be investigating when her trial on charges of election fraud opens Monday morning.
“Some people think the Phelpses are partly responsible,'' said James Young, a member of the Prince William County Republican committee, referring to local Republican Party Chairwoman Myrna Phelps and her husband Mitchell. ``But I wouldn't say they did it alone.''
-------------------
Sunday, March 12, 2000
Brownwood fights downtown blight
By KEN ELLSWORTH
Senior Staff Writer - Abilene Reporter News

BROWNWOOD — Sitting at a table in his downtown restaurant, Steve Harris could look across the street and see where the new post office is supposed to be built, but might not be.
That’s because two of the old, empty buildings it would replace may have architectural or historical significance. And even though the new post office would be a boon to his business, he was not happy.
“This community has not shown interest in maintaining these historical buildings,” he said, referring not only to the post office property, but the state of downtown Brownwood in general.
Harris is the co-owner of Steve’s Market and Deli. He says there are too many run-down, empty buildings, too much downtown vandalism, too much carousing when the teen-agers come downtown to cruise, too many irresponsible landlords, and not enough being done about all the problems.
“There is a relationship between how adults handle things and the way kids handle things. If adults don’t care about downtown and the buildings, why should the kids?” Harris asked.
Downtown Brownwood is at a crossroads. Steps have been taken to improve it, but changes aren’t coming fast enough for some.
Harris has addressed the Brownwood City Council, talked to city officials, talked to his customers and written letters to the editor. He has rankled some nerves and admits it.
“I’d rather work on recipes than fight these battles, but sometimes you have to offend some people and shake things up,” he said.
Some believe Harris has gone too far and hurt the cause more than he helped, but few in Brownwood would deny that the downtown has serious, though not unusual, problems.
Brownwood’s downtown is a maze of crooked streets and about a dozen buildings are vacant, as well as some lots. Graffiti and signs of vandalism mar some buildings.
One business owner refuses to repair a fist-size hole that was broken in his front window more than 10 years ago. It is his way of protesting what he considers the lack of downtown law enforcement. Plastic and tape cover the hole.
That many of the downtown buildings are old is both a blessing and a curse. If they are deemed historically or architecturally significant, then general renovation could turn the downtown into an attractive destination.
But old buildings are more expensive to maintain. Historically accurate renovations are expensive. Unoccupied, the old structures become unsafe and their owners may be cited for city code violations.
“A big part of the problem is that they’re hard to keep up,” City Manager Gary Butts said. “Most of these buildings are in excess of 100 years old.” But progress is being made, he said.
More than two years ago, the city created a Code Enforcement Department with the authority to inspect buildings and cite violators. The city also created a Buildings and Standard Commission to hear and rule on the appeals of those accused of building code violations.
“Unfortunately, we just can’t jump through magic hoops,’’ he said. “And really, we are more interested in achieving compliance with the codes than issuing code violations and fining people.”
The four-person Code Enforce-ment Department has given the city more authority, said the department’s director, Joe Taylor.
His department has issued four code violations for downtown businesses. One owner voluntarily complied, the city eventually boarded up and placed a lien on another property and two code violations are still pending.
One of those is against the 11-story Brownwood Hotel, but officials and others have raised hopes that the situation there will improve. The hotel is probably the most complained-about building in Brownwood.
Built in the 1920s, it was later converted into a dormitory for Howard Payne University students. The building was purchased in 1985 by Mitchell Phelps and has since stayed vacant.
Phelps is a Brownwood native but a resident of Virginia. He also owns much of the property where the proposed post office is supposed to be built. Phelps has always paid his taxes, but fails to maintain his buildings, city officials say.
The deteriorating hotel became the city’s main eyesore. It also became a safety problem, City Manager Butts said.
But repairs on the safety violations have been going on for some time and word of a possible sale, followed by renovations, has also raised expectations for an im-proved downtown.
Phelps’ representative in Brown-wood is attorney William Ruth, who said he has been negotiating with two possible developers.
One wants to buy the building to pursue a $2.5-million remodeling project featuring shops, a hotel and apartments. The other developer has talked about converting the building into a retirement center, Ruth said.
Ruth also represents Phelps in negotiations for the post office property. Architects have drawn plans that incorporate the architecturally and historically significant buildings on the site into the façade of the new post office. The plans hopefully will meet the requirements of the Texas Historical Commission, Ruth said.
Ruth defended Phelps, saying, “He helped out HPU when he bought the old hotel and he’s always paid his taxes.
“And, in truth, he paid a lot for these properties and I don’t think he is selling any of these properties for more than he paid for them.’’
A Brownwood organization called Downtown Inc. also is pushing for change. Formed in 1965 it currently has 79 members. Most are downtown merchants and professionals, but corporations and individuals make up a portion of the membership.
“Our goals are to revitalize downtown and the historic buildings and in cooperation with the Economic Development Corp., said board president Nancy Mark.
The organization uses its resources and seeks grants to help encourage businesses to move downtown.
“We’re also looking at buying some stuff for downtown. We want to plant some trees and furnish some benches,” Mark said. “We want the downtown to be a place where we can bring people who are interested in coming to Brownwood. We want it to be the focus of the city, not the embarrassment of the city.”