ATTENTION ATTENTION: FEINBERG FILES TX SUPREME COURT APPEAL IN JOHNSON DEVELOPMENT SLAPP SUIT AGAINST HOMEOWNERS IN SIENNA PLANTATION!

ATTENTION ATTENTION: FEINBERG FILES TX SUPREME COURT APPEAL IN JOHNSON DEVELOPMENT SLAPP SUIT AGAINST HOMEOWNERS IN SIENNA PLANTATION!


This just in to MissouriCityChatter.com, an exclusive.

Matthew Feinberg, his attorney Laura Hermer of the UH law school and the ACLU Foundation of Texas have filed an appeal with the Texas Supreme Court in its attempt to protect Sienna residents who participated in online discussions on the now defunct websites SiennaTalk.com, MissouriCityTalk.com. The order attempts to reverse lower court protections that seem inadequate when information from these sites have been released to the media through the Johnson Development attorneys.

This strike case (SLAPP) was initially filed on August 3rd by Johnson Development of Houston, developers of Sienna Plantation, Riverstone and many other mixed use developments in an attempt to silence homeowner criticisms and petitioning efforts to stop an additional set of 1800 apartment units coming to this quiet single family neighborhood in Missouri City, TX above an already approved 900 for this immediate area.

"It seems obvious now that this case has always been about trying to injunct/silence us which is the standard in SLAPP cases (see Pring & Canen, 1996)", Dr. Calvin, a co-chair and volunteer for this group, says. "When they filed the 12/13/05 law suit they expanded the scope of the case to include scores of homeowners who volunteered on this committee over the months in a request for a permanent injunction and the maximum legal damages allowable by law."

Strategic Law Suits Against Public Participation were first studied by Professor Rock Pring of the University of Denver Law Center in the late 1980s through the mid-1990s. Of the nearly 300 cases studied he found most were filed by land developers against individuals or groups involved in protected petitioning activity (this falls under first amendment protections). He further found that of the developer cases most utlized what Pring calls a "camouflage case" such as defamation, libel, slander, business disparagement approach.


"Short of a gun to the head, a greater threat to First Amendment expression can scarcely be imagined." — Judge J. Nicholas Colabella (1992) see http://www.firstamendmentcenter.org/petition/topic.aspx?topic=slapp for more on this literature.


When Dr. Calvin was asked why he decided not to agree to a voluntary injunction with the threat of such heavy legal damages he responded "I have no desire to become their neighborhood scapegoat". He further elaborated that they basically dictated the settlement offer and did not negotiate in good faith and he feels he can get a fairer hearing in front of a jury.

In pretrial this case has already cost the target/defendent approximately $20,000 with much more to come. According to the experts, these cases, when not settled early, can last anywhere from 3 to 13 years. 12 states currently have anti-SLAPP laws protecting against these types of actions, however Texas does not and attempts at this type of tort reform have been repeatedly defeated in Austin with the support of developer PACs.

Calvin further stated, "that without these petitioning protections we couldn't even speak out as we are currently against a local airport expansion project which will have a detrimental impact on our homes and property values here in Sienna Plantation and surrounding areas. I want to thank Tom Hilton for leading this charge and trying to stop the jets here locally. He deserves our gratitude.

For more background on this SLAPP case and the previous appeals please see:

http://www.fortbendnow.com/news/317/fight-over-apartments-could-restrict-free-speech-on-the-web

http://www.fortbendnow.com/news/487/sienna-plantation-developers-sue-community-activist-for-defamation

http://www.fortbendstar.com/122105/n_Sienna%20files%20suit%20against%20blogger.htm


Stay informed and keep in touch!

Hebert admits Hilton was correct on road diversion and airport expansion plan that will impact Sienna & Colony Lakes+ area!!!

Thank you Tom Hilton for getting the word out on this in November!

Hebert Seeks To Minimize Land Acquisition For McKeever Road Diversion
by Bob Dunn, 07:51 am

Fort Bend County Judge Bob Hebert said Thursday he wants to proceed with Arcola’s McKeever Road diversion project, but in a way that minimizes the amount of private property needed for right-of-way.

Bob Hebert

The project, also known as the South Post Oak extension, is controversial, in part because plans have called for diverting McKeever Road north of a drainage canal running parallel to Houston Southwest Airport property. To accomplish that, the county or city would have to acquire or condemn about 100 feet of land from four private parcels in the Newpoint Estates residential community.

Newpoint Estates and other nearby residents and landowners have assailed county commissioners and Arcola City Council over those plans. Some have accused public officials of pushing for condemnation of private property to accommodate owner Jamie Griffith’s plans to expand the airport.

In an interview Thursday, Hebert said the road project isn’t being pushed to help Griffith expand his airport, but to relieve traffic congestion and allow development to proceed southwest of the airport in Sienna Plantation.

Hebert said he’s trying to find a way to divert McKeever but take as little land as possible from Newpoint Estates property owners. And he said he intends to complete plans for the project by March, so that residents can be sure how the road diversion will proceed.

That might mean changing the planned new roadway so that right-of-way stops just north of the canal, instead of extending 100 feet further, Hebert said. Property owners’ parcels currently include the canal and extend a short distance south of it.

“I’m going to do something to try to take as little out of Newpoint Estates as possible,” he said.

However, he added, county officials need to be careful not to unreasonably raise property owners’ expectations, because the Federal Aviation Administration may object to a modified plan, leaving the county with legal liability.

While Hebert flatly states the county isn’t promoting a project to help private business, the diverted roadway clearly would benefit Griffith’s airport. And, in fact, Griffith has agreed to allow Arcola to annex some of his property, provide $500,000 for road construction costs and deed over land for right-of-way.

But Hebert said airport expansion plans wouldn’t include an expanded runway or a new runway, as some project opponents have asserted, because aircraft clearance requirements and geographical restrictions prevent it.

The diversion of McKeever would make 700 additional feet of airport property usable, Hebert said, but it can only be used as a buffer to insure FAA-required clearance.

While Griffith could not be reached for comment on this story, it appears plans to expand airport operations would involve acquiring room to move existing hangars away from the runway to better accommodate corporate aircraft.

With more fuel capacity, more stringent maintenance requirements and an expectation for more regular flights, corporate aircraft can reasonably be expected to prove more profitable to an airport than smaller private planes.

Houston Southwest Airport could expect to see increasing corporate business eventually, because the FAA has designated Houston Hobby Airport as commercial-only. Hebert said Hobby can’t accept new corporate aircraft, and in the future existing corporate flights will have to be diverted elsewhere.

Houston Southwest Airport is one of several area airports designated as a reliever airport by the FAA, and received the designation two years ago.

As part of receiving that designation and qualifying for FAA grant money, Hebert said, an airport owner has to agree to keep the facility in operation for at least 30 years.

Once an airport receives FAA reliever designation, “the FAA is charged with protecting these airport,” Hebert said. Such “protection” can take the form of assuming authority over nearby construction projects such as the South Post Oak extension.

An Aug. 30, 2004 letter from FAA Texas Airport Manager Mike Nicely to Hebert says the federal agency and the Texas Department of Transportation “have encouraged Mr. Griffith…to bring the airport up to FAA design standards and rehabilitate airfield infrastructure to ensure reliability to the flying public.”

However, Nicely states in the letter, an impediment to meeting those standards “is the present location of McKeever Road near the west end of the runway. Vehicles traveling on McKeever Road violate the runway threshold-siting surface. We have encouraged Mr. Griffith to work with local officials to close or replace McKeever Road…”

In the past few days, Hebert has asked the Fort Bend County Attorney’s Office to seek clarification from the FAA and the state of Texas in order to learn exactly what liability, if any, the county might incur if the McKeever Road alignment did not cut as deeply into Newpoint Estates property as originally planned.

“You indicated that although the FAA could not prevent the county from building the road, if the county were to violate those flight safety requirements and ignore FAA objections, the airport might have a cause of action for damages resulting from the county’s non-compliance,” Assistant County Attorney Glen Dunbar said in a Dec. 20 letter to FAA Senior Program Manager Ben Guttery.

“Further, if there were to be a future accident involving air operations and traffic along the road, the county might be subject to civil and/or criminal penalties for unlawfully obstructing/interfering with airspace regulated by the FAA,” the letter states. “We respectfully request that you confirm to us in writing whether our understanding as described above is correct…”

Hebert also said he asked the county attorney to research the law – and seek an attorney general’s opinion if necessary – to see whether the airport could seek damages if, in the road diversion project, “we stay as far or farther away than the current McKeever Road.”

He said he believes there’s a possibility that by doing so the county would not have liability since Griffith’s runway was built too near McKeever Road to begin with.

“We’re making the effort” to minimize the need to acquire right-of-way, Hebert said. “But we’re going to have to do what the law requires. We can’t put the taxpayers of Fort Bend County at risk.”

ATTENTION: Join this community newsletter e-mail list today!

Join the list of approximately 2000 local/area residents who receive updates of events that impact our community (and property values). Currently nearly a dozen neighborhoods are represented on this list from Missouri City, TX. You can join by sending your e-mail and contact information to responsible_dvlpmnt@yahoo.com with a simple message to "add me to the list". The service is free and we do not accept advertising. --Stay informed and keep in touch!--CRD

Update: Johnson Development Corporation of Houston Files SLAPP Suit Against Sienna Plantation Homeowner & Homeowner Committee Fighting Apartments!!!

This is a recent FB Star story on the SLAPP suit filed by our developers against the committee of homeowners who helped fight the apartments coming to Sienna and lead the petition drive which garnered 1100+ signatures in July. See article below from http://www.fortbendstar.com/122105/n_Sienna%20files%20suit%20against%20blogger.htm

The committee was named in the 12/13/05 developer court filings.


"Alleges defamation, slander
Sienna files suit against blogger
By Barbara Fulenwider

Sienna/Johnson Development and Doug Goff, Sienna senior vice president, have filed a lawsuit against Chris Calvin, Sienna resident and blogger, for what they say was defamation, business disparagement, public nuisance, tortious interference with prospective contract and slander.

The plaintiff’s original petition filed with the 240th Judicial District Court in Fort Bend County on Dec. 13, says, “Plaintiffs bring this suit to address false, defamatory and disparaging speech made under scores of fake names, aliases and impersonated identities -- to create a sham appearance of support and factual basis for untruths.

“Plaintiffs allege that Mr. Calvin misued the Internet to fabricate statements, creating false aliases to disguise the origin of the fabricated statements and give an artificial impression of group support for his fabrications and that these actions rise to the level of defamation, disparagement and public nuisance.”

Calvin said this is clearly a SLAPP (Strategic Lawsuit Against Public Participation) typically used by large corporations and public officials against private citizens with the intent of silencing criticism and stifling petitioning activity. “Developers use SLAPP lawsuits most often,” Calvin said. “SLAPP suits are used to coerce people into being quiet. The federal government has SLAPP immunity but Texas doesn’t.

“I did use multiple names,” the defendant said. “Only two people were posting using their own names on the (Web) site. We encouraged people not to use their real names. There were 272 log-ins on the site and I admitted to 24 log-ins,” at a deposition taken on Oct. 18.

“I would start a thread for conversation issues. I admitted that at the deposition. They knew me but we protected others. I think they knew I was doing the CRD (Committee for Responsible Development) posts. That’s the affidavit that led to everything,” Calvin said.

Even though the plaintiff’s suit describes Calvin’s postings under numerous aliases as a mob of one, the defendant said that criticizing Sienna is “not a one-person thing. We were at (Missouri City) city council in June, July and February” -- like minded people who objected to Sienna building apartments, Calvin said.

“Sienna knows they haven’t been keeping the community informed. They are trying to destroy my credibility (with the SLAAP suit) prior to our filing a deceptive trade suit. The only way to counter SLAPPs is to keep it before the public,” the Sienna resident and blogger said.

“We are going to fight it all the way through as long as we can. They got half our life savings in pre-trial for all the appeals to try and block them from access (to the identities of other bloggers),” Calvin said.

In the civil suit filed, the plaintiffs used Calvin’s responses to questions asked at the Oct. 18 deposition as grounds for the claims they’ve made against the defendant regarding his alleged disparagement of Sienna/Johnson and alleged slander of Goff.

The claims plaintiffs made in their suit include Calvin’s “misrepresentations on the Internet,” his “pretense of support for his hidden agendas and use of Web sites to wage a false-speech attack on Sienna/Johnson; campaign against apartments in Missouri City” and “using multiple aliases -- made disparaging statements concerning Sienna/Johnson and Missouri City officials.”

The suit was filed against Calvin (a.k.a., responsible_dvlpmnt, janel, buddyj, starbuck, jimcalhoun, twinstuff2, jimcalhoun1, billcrane, nextdoorneighbor, sundaysiennasurfer, donny12, jacob, leigh, charles, duckbill, funfrankie, bill, don, jason-kidd, fixx, zbloser, danielgoode, harriet, geofflittle, mbelview, jameslong, billyboy, dalemince, dealmaker, probuilder1, spider_man and others unknown, and The Committee for Responsible Development.

As for filing the suit, Sienna Attorney John Keville said, “Too many people research using the Internet, including research on the Sienna Plantation community, to allow Mr. Calvin’s manipulations to go on unchecked.

“After the deposition and before filing suit, Sienna/Johnson offered Mr. Calvin a simple solution -- admit that he made false statements using fabricated identities, and agree to not make any more statements/posts about Sienna/Johnson or its employees unless he used his real name. In other words, Mr. Calvin could still say anything truthful and even critical, as long as he put his name on it. Mr. Calvin refused,” Keville said.

Calvin said, “They sent us one draft of the only deal they offered. I would have had to volunteer to an injunction not to post anonymously any more and not to talk about Sienna/Johnson or any of their associates. I asked them to negotiate on a second group of apartments, open up lines of communications and let homeowners know what’s going on back here and let us vote on two at large candidates for our own homeowner’s association board.

“We’re between 9,000 and 10,000 people and we pay almost $4 million (total) a year into our HOA. We’re asking for a minority voice on the board. Perry Homes and Silver Ridge have minority voting rights during the build out on their HOA board. I also had to publicly apologize, and I don’t believe I’ve done anything wrong, so I have nothing to apologize for,” the defendant said.

In the suit filed the plaintiffs have requested a trial by jury and a permanent injunction that would prevent Calvin and the Committee for Responsible Development from making any statements under any pseudonyms, etc. regarding Sienna/Johnson, its directors, officers or employees or making any false or disparaging comments on any Web sites relating to any developer or developer-related activity in the Sienna Plantation community. They also seek actual and exemplary damages, attorney fees and court costs."

'ECO Resources problem bigger than reported'

Comment: WHAT ARE SIENNA MUDS DOING ABOUT THIS....ANYTHING? As clients of ECO we have a right to know more:


FOR BACKGROUND ON THIS CASE: http://www.fortbendnow.com/archive/?c=MUDs -- article series from the first report.

____________________

'ECO Resources problem bigger than reported'

By:SESHADRI KUMAR, Editor 12/2005

A forensic audit conducted by ECO Resources, a subsidiary of Southwest Water Company, which operates and maintains the services of area municipal utility districts, reportedly concluded that the $185,000 billing scam, affecting 11 MUDs, was confined to one individual who is no longer in service with the company.

ECO Resources presented its findings to the 11 MUDs at a meeting on Dec. 16. The company also held a separate meeting with other districts the same day.

First Colony MUD #9, one of the water districts which was over billed to the tune of $25,000, was "uninvited" for the meeting, says Attorney Trey Hendershot.

The district has filed a lawsuit against the client manager of ECO Resources, who allegedly committed the fraud.The board of directors of First Colony MUD #9 held their meeting last week at EcoResources.
Hendershot says Eco Resources' forensic audit is confined to the transactions involving only one employee, but the problem appears to be widespread.

As a proof, Hendershot showed EcoResources a service order where 317 sewer bands were ordered when only two were needed. Also, the rate per piece is about $6.44. At that rate, the bill should have been $2,389, but the water district was actually billed for $8,829. If in one service order about $6,000 was over billed, what about the other 60 service orders, for which the water district has not yet received the back up information, Hender-shot said.

EcoResources officials have agreed to provide the back up document in the next few weeks. But, Hendershot maintained that the investigation conducted by EcoResources is inadequate and the MUD district has to undertake its own independent probe to protect the taxpayer's interests.

The First Colony MUD #9 board of directors also decided to invite bids from waster service companies as a back up, if the contract with EcoResources were to be terminated. The district pays about $500,000 a year EcoResources annually.

Go to http://www.hcnonline.com/site/news.cfm?newsid=15807852&BRD=1574&PAG=461&dept_id=532245&rfi=6 to view this FB Sun article.





©Houston Community Newspapers Online 2005

Keep up with area news at FortBendNow.com (click on this title link)-

Problems in FBISD (see FB Sun article)-

This article just in from the FB Sun covers the investigation of past Board of Trustee's and administrators in FBISD (click on title link to read entire article). They are discussing this article at http://www.save-our-schools.blogspot.com/ and here on http://missouricitychatter.blogspot.com:

Probe identifies lack of financial control, oversight in FBISD

By: Diane Tezeno, News Reporter
12/2005


Fort Bend ISD trustees received a report from Lloyd E. Kelley and Mir Fox & Rodriguez, P.C., an investigative team at the Dec. 19 board meeting, which went well past midnight into the wee hours of Tuesday.


Responding to allegations by John Griffin, director of risk management for FBISD, the board commissioned the investigation by Kelley.

The report reveals multiple violations of FBISD policy, including failures in financial control and oversight, violations of the education code, operating budget and financial ethics policies, interference with a district investigation, improper settlement of a lawsuit, improper use of outside legal counsel, improper administration of the district's medical plan and improper procedures regarding supplemental pay.

The investigative team has determined that Superintendent Betty Baitland failed to institute sufficient financial controls to prevent the business and finance department from incurring in excess of $1 million in debt. The team also cited at least two instances where the board of trustees was not informed, nor were they afforded the opportunity to approve debt incurred in excess of $25,000.

The report also suggests that Baitland turned a blind eye to several improprieties brought to her attention by the Internal Audit department involving improper approval of several supplemental pay issues. Findings of the report reveal that discipline for these improprieties was not initiated until a threat was made to make the board of trustees aware of the situation.

After release of the report, Dupre forwarded an email to various media sources and others in attendance at the board meeting who received a copy of the report. In the email, Dupre called the report "libelous in nature, and indicated that the knowing publication of such material would amount to slander of his person. He indicated that certain information contained in both the written and oral report personally identifies him by title and function, and because certain data reported about him is false and defamatory in nature, that report should have been presented in executive session and copies of the report should have been presented only to board members. Dupre goes on to say, "It is inappropriate to distribute the report and perpetuate the false information and data included therein."

The report, distributed during open session, cites several alleged violations by Dupre in his role as associate superintendent of business and finance, involving numerous exceptions to the workers compensation and medical insurance coverages which were outside the scope and intent of the policy.

Dupre indicated his know-ledge of the exceptions and stated that he voiced his concern regarding them, however failed to institute appropriate controls to prevent the approval of the exceptions.

Also after receiving professional advice to increase dental plan premiums to offset a $200,000 plus deficit in the district's dental plan, Dupre made a "business decision" to continue the plan without increasing rates.

During the investigation, Dupre acknowledged accepting meals at local restaurants from prospective FBISD vendors, and further he declined to sign the standard confidentiality agreement, and instead signed a modified version of the agreement that permits the acceptance of meals from prospective vendors.

The report also concluded that Dupre violated the district's Financial Ethics Policy when he asked the inside counsel to identify individuals who had been interviewed by the investigative team. Dupre then proceeded to meet with each of those interviewed, as well as those on the list to be interviewed, compromising the confidentiality of the investigation. Results of the investigation also showed Dupre's involvement in the improper settlement of a lawsuit regarding a claim which had been originally denied by FBISD and the third party medical plan administrator. He was also shown in violation of procedures for approving various supplemental pay increases. . . .--CLICK on the link above for the rest of the story and then come back and discuss it here or at the site posted above--




©Houston Community Newspapers Online 2005

Recent Sienna Plantation /SPRAI/Developer Edicts (Mutual vision or exclusive?)+

The following unedited announcements were posted to Siennanet.com (see 3 informational posts from our unelected non-resident developer's SPRAI board). Note some are unsigned anonymous posts:

1) SPRAI Board Shares Vision for 2006
Michael Smith, SPRAI Board President, shares the broader vision the Board has adopted for the future of SPRAI. 

Full Article:

Dear SPRAI Members:

Recently you received your assessment invoice for SPRAI for 2006 along with some information about the budget.  On behalf of the Board, I would like to share with you the broader vision the Board has adopted for the future of SPRAI.  The input we received from the volunteers and membership through the development of the 2006 Business Plan process was considered in identifying four main areas of focus:

1. Common Area Maintenance
2. Deed Restriction Enforcement
3. Customer Service
4. Recreation and Programs

Specifically,

Sienna Plantation is to be the best maintained community in the country.  The visual presentation of the community is the number one priority.  This is to be accomplished through aggressive maintenance programs and deed restriction enforcement.

Customer Service is a top priority for the SPRAI staff.

SPRAI should offer as many programming opportunities to the membership as possible including self-improvement, property improvement, safety and awareness programs, recreation and social programming.

In order to achieve this vision, we have already made numerous changes within SPRAI this year and will continue with efforts to achieve this vision while being fiscally responsible.

During 2006 we will be developing a longer-term financial plan for the association.  We will be utilizing the assistance of a new volunteer Finance Advisory Committee to assist us in setting the assessment for future years.

The growth of the community has two components – new amenities and assets to be maintained and new houses to help fund these costs.  Typically, the amenities are added in advance of the houses; so for a period of time the cost per unit to maintain the facilities is greater than it will be over time.  This is typically why a developer deficit funds the association for a while.  In the case of SPRAI, the developer has funded approximately $4,000,000 for operating expenses through 2005 and based on the 2006 budget is projected to deficit fund another $500,000 this coming year.  As the community approaches build out the association members will be ultimately responsible for funding 100% of the costs to achieve the vision.  Further, in 2005 we realized some operating savings through changes in service providers for various maintenance needs.  In 2006, we will continue to ensure that we are “getting the most for our money” with all we do. Two areas of specific focus during 2006 will rebid the landscaping contract and evaluating alternative electricity providers.

As the community and association grow and mature, it will take a solid effort from the SPRAI board, dedicated volunteers, staff and input from the membership to make sure that the association is able to maintain the community at the level expected, remain proactive in deed restriction enforcement, continue to offer and expand recreation and programming opportunities and be fiscally responsible.

On January 12th, SPRAI will hold a special meeting about the 2006 budget.  If you have any questions, please plan on attending.

Very truly yours,

Michael Smith
President

___________

CRD Comment: Was this vision announced and shared prior to its development with the membership? Did the membership know about this process and participate in it? Was it shared on our resident paid for newsletter or website prior to enactment?

___________

2) Return
2006 Assessments Q&A
SPRAI provides answers to 2006 Assessment questions.

Full Article:
2006 ASSESSMENTS Q&A FOR SPRAI MEMBERSHIP

Q: Was there prior communication about the assessment increase?

A: There was discussion at both the October 24th and November 30th Board meetings. SPRAI members are always welcome to attend the Board meetings and the first 30 minutes of each meeting are available for Member Input Time. Notice of the Board meeting dates are posted on the LED board, in the newsletter, on the bulletin board at Club Sienna and in the Sienna E-news.  Board minutes are posted on Siennanet once the board has approved them.                                                                   

Q: You said that there has not been an increase in assessments since 1997. Wasn’t the original assessment lower?

A: Yes, that is correct, after rechecking our records; we have found that the original assessment was $550. This was increased in 2000 to $700 and was increased in 2001 to $750. We have increased our recreational amenities significantly in that period of time including the opening of Club Sienna Water Park and Brushy Lake Recreation Center.

Q: Is the Association required to give notice of an assessment increase?

A: The Declaration of covenants, conditions and restrictions states that the board shall in good faith attempt to cause the budget and assessments to be levied against each owner for the following year to be delivered to each member at least thirty (30) days prior to the end of the current year. Assessments were mailed in early December and are not considered late until after January 31. The assessment was posted on Siennanet and the newsletter.

Q: I did not receive my assessment until December 12th.

A: While we strive to have the assessments delivered by December 1st, technical difficulties did not allow us to meet this deadline.

Q: Should we expect an assessment increase every year?

A: SPRAI is forming a volunteer Finance Advisory Committee to assist the staff and Board in developing a long term financial plan which will help the board in setting future assessment levels.

Q: I do not understand the Property Owners Association (POA) and why a portion of my assessment goes to pay the POA dues.

A: We will be sharing some financial information relating to the POA at the January 12th meeting.  The POA’s primary expenses are to maintain Sienna Parkway for landscaping, irrigation, lighting, and the lakes adjacent to the Parkway, a share of sheriff’s patrol and mosquito control. Sienna Point and SPRAI are members of SPPOA as are commercial property owners. SPRAI is made up of only residential property owners. At the Board meeting we will provide additional information relating to the SPPOA expenses.

Q: Is any of the assessment increase due to costs that should have been directly borne by the developer?

A: No. The developer pays their own costs directly for administrative, legal and marketing. In addition, the developer is deficit funding SPRAI in the amount of $500,000 for 2006.

Q: I have some questions about the budget which are not answered by the insert that came with my bill. How can I get more detail about the budget?

A: A meeting is scheduled for January 12, 2006 at Club Sienna at 7:00 p.m. to present the budget and answer questions about the budget and assessment, we hope you will attend.

____________________________

CRD comment: Why do the unelected non-resident developer SPRAI board not provide a detailed budget justifying this 6% increase that was not voted on by the membership? Isn't this one of the highest fees in this area of Houston? Why wasn't this shared at the recent annual meeting? Why did the mail insert from the SPRAI claim only one increase had occurred since inception while the above post from the SPRAI claims several increases have occurred?

____________________________

3)Arcola Airport Expansion
Recently, several members of the community have asked what  the SPRAI’s position is regarding the neighboring Houston Southwest Airport in Arcola, Texas.

Full Article:

Dear SPRAI Member:

Recently, several members of the community have asked what  the SPRAI’s position is regarding the neighboring Houston Southwest Airport in Arcola, Texas.

While it is not the association’s mission to take positions on land use issues, in general the SPRAI Board is supportive of any effort that might improve the current economic condition of the Arcola area. However, we cannot support any proposal or project that would create a safety concern and or a sight or sound nuisance to the residents of Sienna Plantation.

Very truly yours,

Michael Smith
President
SPRAI Board of Directors

9600 Scanlan Trace West  Missouri City, TX 77459

_____________________

CRD comment: Why is the unelected, non-resident, developer SPRAI board president claiming they support this road diversion plan that will also allow the airport to become FAA compliant for increased air traffic? What is this post above really saying?

See http://www.fortbendnow.com/news/509/arcola-council-passes-agreement-paving-the-way-for-controversial-mckeever-road-diversion for more . . .

_____________________

Missouri City Mayor Allen Owen's Admission to Taking Mostly Developer Campaign Contributions: The mayor said he’s "proud of the fact. . "

For more on Missouri City Mayor Allen Owen's admission to accepting nearly 60% of all his campaign contributions from 1998 to Jan. 2005 coming from Houston and other area developers see the quote below from the FB Star or click the title link above and ask council members why they never investigated the city ethics complaints against him for pushing the Johnson Development apartments on Sienna residents (nearly 2700 apartment units approved with more multi-family slated in South Sienna)?

Why have these allegations gone un-investigated and why, following the submission of the petition and the ethics complaints against the mayor, has the Sienna homeowner who helped lead this drive been targeted by Owen's major campaign contributor Johnson Development Co. of Houston (Larry Johnson, President) and Doug Goff his Vice President?

Quote from the FB Star (7/05):

"Had I not had that personal relationship with him, I’m not sure he would have agreed and we (Missouri City) ended up with a hospital. "The mayor said he’s "proud of the fact that developers and builders who built this city have chosen to support me in my role as mayor," that he’s "proud of what Johnson & Sienna brought to this city" and denied having ever shown "any favoritism to any developer regardless of their contribution to me."


Stay tuned to http://missouricitychatter.blogspot.com for more on this and other area issues (like the airport expansion with Sienna and other area communities under the fly-way --> see related stories on this at FortBendNow.com, the FB Sun, FB Star and of course here on MissouriCityChatter). . . .stay informed and keep in touch!

NOTICE: FB SUN ARTICLE ON SIENNA PLANTATION DEVELOPMENT SLAPP SUIT AGAINST HOMEOWNER!

Developers Sienna/Johnson sue resident for posting defamatory comments on website

By:SESHADRI KUMAR, Editor

Sienna/Johnson Development Corporation, developers of Sienna Plantation, have filed a lawsuit against Chris Calvin, a Sienna Plantation resident, who used to run a weblog called SiennaTalk.com where Calvin allegedly made several defamatory and libelous statements against the developers, under various assumed names.

The lawsuit filed in the 240th District Court of Fort Bend County asks for the maximum allowable damages and an injunction against Calvin from making any critical statements against Sienna, using false names on the Internet.
Sienna/Johnson had earlier obtained a deposition from Calvin, regarding the website and Sienna/Johnson claim that Calvin had admitted under oath that he had used more than 30 aliases and posted anti-Sienna statements.
Calvin says the lawsuit stems from actions taken by him and another Sienna homeowner Matthew Feinberg who ran the, now defunct, neighborhood website SiennaTalk.com, and follows his participation in a petition drive which garnered over 1,100 neighborhood signatures against extensive apartment development in their quiet single-family housing community of Sienna Plantation.

The original case was filed on Aug. 3, not more than a week after local media reported on a city council session where-by residents of nearby Sienna Plantation and several other area neighborhoods participated during the formal presentation of the petition drive against a second grouping of up to 1,800 additional apartment units to this area, Calvin says.
"This is a pattern of continued use of the legal system, through what is known as SLAPP (Strategic Lawsuit Against Public Participation), to silence me and chill those that would speak out publicly against certain types of land use in our community," Calvin says.

John Keville, attorney for Sienna/Johnson Development Corp., says the main thrust of the lawsuit is that Calvin uses at least 30 different aliases and posts disparaging comments about the developer and spreads things that are dishonest and lies. He makes it appear as if lot of people are complaining, but it is just one person who makes those varied comments, Keville says.
"After the deposition where Calvin admitted to using 30 or more aliases, we tried to settle with him. We asked him to agree not to post comments critical of Sienna Plantation using false aliases. He could say truthful and critical comments with his own name. But, Calvin rejected the settlement," and hence, the lawsuit, Keville says.


©Houston Community Newspapers Online 2005

ECO-MUD Scam Update (Forensic Audit In)--

Audit Report Sheds Light On Workings Of ECO Billing Scam

by Bob Dunn, Dec 16, 08:32 pm

A scam that cost 11 municipal utility districts more than $185,000 was made possible because ECO Resources’ accounting system allowed the same manager to create, close and finally approval service orders.

That conclusion was reached in findings by Lancaster forensic accounting firm Dave Gillis and Associates, hired to assist in an investigation ECO conducted into over-billings it discovered in September.

Sugar Land-based ECO presented some of the Gillis firm’s findings in meetings Friday, attended by presidents of many of the company’s 125-plus local MUD clients.


--For more on this click the link above.--Many Sienna MUDs are serviced by ECO!

Johnson Development Corporation of Houston Files for Maximum Damages in SLAPP Suit Against Sienna Plantation Homeowner!!!

For an update on this case you can visit current FortBendNow.com media on this by clicking the title link above or visiting earlier posts/media on this SLAPP suit at http://missouricitychatter.blogspot.com.

___________________________________________________________


JOHNSON DEVELOPMENT CORPORATION OF HOUSTON ASKS FOR THE MAXIMUM DAMAGES ALLOWABLE BY LAW AND FOR A PERMANENT INJUNCTION IN THE SLAPP SUIT (STATEGIC LAWSUIT AGAINST PUBLIC PARTICIPATION) FILED IN THE 240TH DISTRICT COURT OF FORT BEND COUNTY, TX.


This case received a great deal of local coverage in the media in September through November as Johnson Development Corporation, a large Houston land development concern with communities like Riverstone, Silver Lake, Fall Creek and Sienna Plantation amongst others, filed a SLAPP case (Strategic lawsuit against public participation--see Canen & Pring, 1996) for allegedly disparaging comments that an area homeowner made using on the, now closed, neighborhood website SiennaTalk.com (for more background on this see the following from local media sources at http://www.fortbendnow.com/news/317/fight-over-apartments-could-restrict-free-speech-on-the-web and http://missouricitychatter.blogspot.com/2005/11/oped-piece-in-fb-sun-today-comments-on.html and http://missouricitychatter.blogspot.com/2005/11/fb-star-editorial-hermer-responds.html).

This case was appealed by the ACLU several times on first amendment concerns during pre-trial discovery and eventually ended up at the 14th Texas Court of Appeals in Houston. It stems from actions taken by one targeted community activist, Dr. Calvin of Missouri City and another Sienna homeowner Matthew Feinberg who ran the, now defunct, neighborhood website SiennaTalk.com, following his participation in a petition drive which garnered over 1100+ neighborhood signatures against extensive apartment development in their quiet single family housing community of Sienna Plantation. The original case was filed on August 3rd, not more than a week after local media reported on a city council session where-by residents of nearby Sienna Plantation and several other area neighborhoods participated during the formal presentation of the petition drive against a second grouping of up to 1800 additional apartment units to this area along with formal ethics complaints to the city council over developer backed Mayor Allen Owen's apparent advocacy for the apartments when it was discovered that nearly 60% of his campaign contributions come from Houston and area developers, Johnson Development Corporation being one of the chief contributors on the list (see city code of ethics signed by Mayor Owen for more & July 18th video of city council open session for details).

The current filings of 12/13/05 ask the court for the maximum financial damages allowable by law along with a permanent injunction against the Sienna homeowner, blogger, and activist to apparently silence his public criticism of some land uses by this Houston corporation (Larry Johnson, President). More recently Dr. Calvin has been involved in the fight against the Arcola Airport Expansion being led by another Johnson development campaign contributor recipient chief county commissioner Bob Hebert who is currently running for re-election in '06.

"This is a pattern of continued use of the legal system, through what is known as SLAPP (Strategic lawsuit against public participation), to silence me and chill those that would speak out publicly against certain types of land use in our community", Calvin said. He further stated that the current plans to expand the Arcola Airport, which apparently will bring increased jet traffic over Sienna Plantation and surrounding communities, is being supported by a consortium represented by Bob Hebert, chief county judge, Jaime Griffith, Arcola airport owner, Sienna/Johnson Developers (Doug Goff & Larry Johnson) and Mayor Gipson of Arcola. See current stories on this below (KTRK recent coverage):

http://www.fortbendnow.com/news/481/protesters-landowners-hammer-arcola-mayor-over-airport-expansion

http://www.zwire.com/site/news.cfm?newsid=15738087&BRD=1574&PAG=461&dept_id=532245&rfi=6

http://www.fortbendstar.com/121405/n_Arcola%20area%20residents%20upset%20with%20commissioners%20over%20road%20plans%20near%20airport%20-%20underhanded%20they%20say.htm

Calvin also said that it is essential that these type of SLAPP suits be defeated legislatively or it may impact the ability of citizens to speak up on community issues like the apartments and airport land uses (currently the "Petition Clause" of the first amendment addresses these rights and 12 states carry further anti-SLAPP laws on the books, but not Texas--which has had these laws defeated 4 times by Austin area developer PACs). "Tom Hilton is leading the charge on the airport fight and the county sponsored take-over of private homeowners property near our neighborhood". It is imperative that citizens, including myself, be allowed to speak without threat of multi-million dollar claims and use of the courts as harassment tools, as is the case in SLAPP suits like these." Calvin retorted.

Stay tuned for more on this and the airport expansion along with local election coverage as it develops on this blogsite...

Airport Expansion Almost Assured! HOW WILL THIS IMPACT THE 10-15,000 RESIDENTS LIVING ON THE FLY-WAY (SIENNA, COLONY LAKES AND OTHER AREAS)

CRD would like to thank the large group of Sienna and other area residents who along with their Arcola neighbors packed the council chambers Tuesday night. Keep up the good fight!--See related article below from FortBendNow.com (click title link above for the entire story) and thank you KTRK for covering this local effort here in Missouri City & Arcola, TX:

"Protesters Hammer Arcola Mayor Over Road, Airport Project

It was a rough night for Arcola Mayor Alvin Gipson, who was lambasted by 10 speakers in a row at Tuesday’s Arcola City Council meeting, upset over what they say is the city’s clandestine role in a plan to divert McKeever Road to benefit the owner of Houston Southwest Airport.

Then the 11th speaker stepped up to the podium, announced that he was a process server, and handed Gipson and several city officials a notice that they’d been sued in a wrongful termination action.

To start the evening off, about 20 protesters carrying signs with slogans such as “Citizens Against the Airport Expansion” gathered in front of Arcola City Hall and greeted council members, citizens and reporters."

Attention: Fort Bend Sun Covers Airport Expansion Issue!

This recent FB Sun front-page article covers more on the airport expansion project being backed by area developers, city and county officials after being kept quiet for many months:


"Arcola's McKeever Road plan draws residents' ire

By:SESHADRI KUMAR, Editor 12/12/2005

The city of Arcola, Fort Bend County and the owner of Houston Southwest Airport have revived a dormant plan to realign McKeever Road to connect with the extended South Post Oak Road across Highway 6.
Advertisement

This proposal has also renewed the debate over the future of the privately-owned Arcola airport, as the county had abandoned the idea of acquiring the airport two years ago.
Aggrieved residents of Newpoint Estate, adjacent to the airport, came to commissioners court last week to lodge their protest against the proposed realignment of Mc Keever Road, which could result in the condemnation of some of the properties in their subdivision.

Tom Hilton, an area resident, who has campaigned actively against the county's acquisition of the airport and its expansion, is back in the forefront again.
He told commissioners court during public comments last week that the agenda item "Land acquisition for McKeever Road" in the closed session of commissioners court is in fact "Land acquisition to benefit fellow EDC member and his airport".
"McKeever Road is a perfectly usable county road, and before you perform any actions resulting in the ultimate closure of McKeever Road, you need to present to the taxpayers of this county the justification and explain to the citizens of Arcola why the major artery serving downtown Arcola, has to be removed as diverting traffic via South Post Oak to Hwy. 6 will cause people to use the bypass over downtown," Hilton said.

"Explain to small business owners such as Houston Grass and Backyard Showcase how they are expected to make a living when you are cutting off the traffic from their customer base in Sienna? You haven't even bothered to tell any of the affected landowners of your plans today," he said.

"You are just following a script handed to you by fellow Greater Fort Bend Economic Development Council Member Jamie Griffith (owner of Houston SW Airport). This script has been several years in the making as illustrated by the numerous documents from Griffith to county and EDC officials," Hilton said.

"What we have here is a pattern of "ethically-challenged" decision-making by Fort Bend County officials at the urging of the airport owner and the EDC over a several year time span," he said.

Hilton quoted Commiss-ioner Tom Stavinoha, as saying in a May 2005 letter that "Fort Bend County has no intention of acquiring this Right of Way through condemnation. The present owner has agreed in writing to donate the ROW and donate $500,000 for construction, if the old McKeever Road ROW is deeded to him. This would allow him to select the route of the new South Post Oak Extension and allow for improvements to his airport".

In other words, Mr. Griffith's $500,000 has bought him the right to use the county's power to condemn other people's private property for his own developmental purposes, Hilton said.

Commissioners voted down back in 2003 the airport feasibility study. There was overwhelming public sentiment against the expansion of this airport back then and that sentiment has not changed, Hilton said.

The layout that is proposed now by Mr. Griffith is almost exactly the same layout as proposed in the airport feasibility study.
Griffith owns 211 acres north of McKeever, and there is ample room to build South Post Oak to connect with McKeever without having to go into Newpoint Estates, Hilton said.

"The only reason to acquire/ condemn land in Newpoint Estates is to allow for the expansion of this airport. Period."
There are letters addressed to the previous county judge that date back over 5 years that are explicit in the need to relocate McKeever Road in order to expand the airport.

Here's an excerpt from a letter by Jamie Griffith to then-Judge Adolphus:
"An integral part of the future development of Houston SW Airport is the expansion of the airport north across McKeever Road.. .in order for this to happen, McKeever Road needs to be diverted up to Highway 6 where it will tie into South Post Oak."
In another letter from August 2004 from Mike Nicely, Man-ager, Texas Airports Develop-ment Office of the FAA address-ed to County Judge Bob Hebert:
"One of the impediments that prevent Houston SW from meeting FAA design standards is the present location of McKeever Road near the west end of the runway... We have encouraged Mr. Griffith to work with local officials to close or relocate McKeever Road consistent with the alignment shown in the airport Master Plan..."
That's what the county is doing here, Hilton said.

Hilton also quoted Arcola City Ordinance of Feb. 8, which prohibits any alterations or closures of McKeever Road.
One of Arcola City Council-woman Rosie Rojas also joined Hilton in opposing the McKeever Road realignment, before annexing the adjacent land.

But, Arcola City Council has changed in the last May election. The new mayor, Alvin Gipson, and a majority of city council have reversed their opposition to McKeever Road realignment. Gipson favored the proposed alignment of McKeever Road with South Post Oak because it "is progress" and "will benefit the city economically."
"It is a lie to say that the road is being realigned for the benefit of the airport owner," Gipson said.
"We have made no decision on closing down the McKeever Road at this time and have made no commitment on giving it to anyone," he said.

County Judge Bob Hebert said that the road project is under consideration because the city of Arcola wants the county to implement the project. The county's interest lies providing safety and improve mobility for people from Sienna to access Highway 6 and the South Post oak Extension enables that.

The McKeever Road expansion would not allow the air port "expansion", namely expanding the runway length from 5,500 feet to 8,000 feet, Hebert said. However, the realignment would help airport acquire Instrument Landing System and enhances the runway a little bit, he says.

The county would not act on the project unless there is an inter-local agreement between the city and the county. It is for the city of Arcola to ensure that the airport owner agrees for the annexation of his land in to Arcola city limits.
Propertyowners in Newpoint Estate appear to have no backers and have to fend for themselves."


--Stay tuned as we will attempt to keep you all informed on this and other development issues that impact your home values!--CRD

CRD EXCLUSIVE: Several Locals Prepare to Announce Their Candidacy for City & County Offices!

Several Locals Prepare to Announce Their Candidacy for City & County Offices!

As the holidays continue the fever is in the air for local candidates to announce for which public office they wish to pursue. Several non-EDC endorsed candidates are preparing to make a run for city & county-wide offices in an attempt to wrestle control away from EDC endorsed incumbents. Who and what is the EDC? The short form is that the EDC is the acronym for economic development council and is made up of many corporations which came to Fort Bend County over the years to do business (make money). Later, about 5 or 6 years ago tax payers voted for tax supports for this group. Many are representative of Houston corporations and this organization works very hard to find and endorse like-minded politicians from our community who will protect their special interests. While CRD supports the right of this organization to exist and operate here (and even make a fast buck) we do recognize the conflicts inherent when the EDC members support politicians to look out for their issues/concerns rather than those of the voters and homeowners of this county. Economic growth is good, but should be mediated through independent office holders who are genuinely affiliated with their voter/stakeholders/home & property owners.

Several recent examples in this county exist to demonstrate some of the problems that have arisen in recent years because this electoral buffer no longer exists here for voters.

1. Development Stress and excessive growth issues impact our schools and children (along with other detrimental types of land use).

2. Over development of apartments, which lead to negative quality of life issues (increased density leads to increased traffic, crime, non-permanent residents, negative taxing impact on the schools, etc.).

3. Disparity in development (areas left ignored while some businesses pursue the more affluent market).

4. EDC backed politicians actually telling homeowners/voters that if they don't like something that is getting developed to get out of the way (see the Simonton, Fulshear and Missouri City examples available on FortBendNow.com).

5. Recent scandals publicized (See ECO/MUD Scandal reports from the FB Sun and FortBendNow.com).

6. Recent airport expansion and land confiscation issues in Arcola (See current FB Sun and FortBendNow.com coverage).


How pervasive is this group and their money? Visit http://www.fortbendcounty.org/member.asp to see the corporate and private membership list and compare it to the givers of many current city & local positions now on the ballot or currently serving. The issue is simple, who is operating in the homeowners/voters best interest when your elected officials are taking so many contributions from this group? Who is minding the store?

Is economic development good for this community? No one is arguing that much of what has been brought here by Houston businesses has been a great boon for FB county, but should this or any special interest group go unmediated by the political process, which is what happens when politicians are co-opted through campaign contributions by such groups (see literature on political science and sociology for more on this co-optive process).

This problem is pervasive throughout the U.S. and well documented. Is either party resistant to these forces? IMHO both parties have grown increasingly dependent on these types of organizations for support. The campaign reform efforts related to this speak volumes, as do recent court cases involving some very public figures (endorsed by many from the EDC).

How do we reform the system? One election and one politician at a time at the grass-roots level is the best answer. By helping voters become more aware of the process and how it is influenced they can better decide for themselves which candidate to select and support with their vote.

Some resources for checking on your candidates:

1) Be aware of who the individuals are and what corporate interests they represent (banking, development, related firm, etc.).

2) Then get the campaign contributions list from either the state ethics website at http://txprod.ethics.state.tx.us/tx00/index.html <-- searchable online (or other media source--sometimes listed on their ads). One local site, which carries many, is at http://www.brazosriver.com/locals.htm.

3) Check the list of EDC backers and board members in the comment section under this post.

4) Next make your choices based on your community & personal needs (if they match up).

5) If you are a Missouri City resident then consider the candidates option list this cycle for taking back local control and check out (click on) the title link above for the platform for the independent mayoral candidate.

CRD will run lists this election season and back candidates that support homeowners and voters that are non-EDC affiliates. We feel that the EDC is already over-represented in our local political process. These candidates primary qualification is that they must be independent and willing to represent the voters/homeowners of this area.

WE WILL BEGIN POSTING THESE NAMES AND THEIR PRIMARY PLATFORMS AFTER CHRISTMAS, BUT WANTED TO LET EVERYONE KNOW THAT THERE IS AN OPTION THIS ELECTION YEAR FOR VOTING FOR CANDIDATES IN EITHER PARTY THAT ARE INDEPENDENT OF THE EDC INFLUENCE! --Take back local control!

Take care, stay informed and keep in touch!




-The previous post has been an editorial piece.



*********
Committee for Responsible Development-MoCity Group
responsible_dvlpmnt@yahoo.com
http://missouricitychatter.blogspot.com
Missouri City, TX
Fort Bend County

FortBendNow.com Story on Airport Expansion

Please click on the title link above to get the entire story on the airport expansion that the county, airport owner and some Arcola city officials have kept quiet until now. . .

-or follow the below link

http://www.fortbendnow.com/news/449/arcola-road-diversion-airport-expansion-plans-add-heat-to-commissioners-court-meeting

NOTIFICATION: South Sienna Sold Again? and Airport Expansion Update!!!

We apologize for the combination of lead posts on this, but quite a bit is going on in the immediate vicinity of Sienna/Missouri City that needs to be addressed.

SOUTH SIENNA SOLD AGAIN?

Yes it seems like only yesterday, or June '05, that AFG/Johnson Properties sold South Sienna to high end Regents Properties of California. Apparently, from a reliable city source, South Sienna has been sold again by Regents Properties to a real estate company out of Scottsdale AZ. We are reporting this as a rumor because we are still waiting for confirmation on this information, but the tip has come from an excellent (and official) source, so we thought you should read it first here on http://missouricitychatter.blogspot.com. Several questions that need to be researched on this are what impact will this have on the current developer's agreement (D.A.) with Mo-City and what will the ultimate impact be on property values for Sienna villages in that area? Remember the original developer's agreement had another golf course slated for that area and that the new D.A. has replaced that with what Mayor Allen Owen called, at city council in June, another town center (high density retail, multi-family (possibly condos, townhomes and/or apts., etc.). Word has it that some city officials are worried about the impact this sale will have on the D.A. -Of course our concern, as always, is what will it mean for our home values and quality of life.--Stay tuned for more on this as it is revealed to us!

________________________


UPDATE: “Green Light to Expand Southwest Houston Regional Airport in Arcola?”


We originally posted this story on November 22nd and received final verification yesterday of a meeting scheduled at commissioners court to discuss this matter in closed session today at 1pm. From our sources we discovered that the issue was far from "off the table" as reported by media earlier in the year. After talking with one of the commissioners today it was discovered that the McKeever Rd. expansion is an integral part of the airport meeting eventual FAA requirements. Tom Hilton, an area resident and former city council candidate, addressed the commissioners today along with a contingent of concerned homeowners and some Arcola city officials who oppose the expansion. Naturally these changes will allow jets to fly over many Missouri City neighborhoods and land at the Arcola airport. Our concern, again, is the negative impact the noise and traffic of these jets will have on our home values for sale and resale.

Please continue to contact those involved and let them know how you feel about this issue. See information below for more:

Contact your local city council members, county commissioners for more information and to record your no vote on this expansion. If they ignore your pleas then remember alternative candidates are running in some of the local and county elections. You can make your voices heard!

Remember you read it here first on http://missouricitychatter.blogspot.com.


Contacts:

Tom Stavinoha (rep. for this area of FB county)
Commissioner, Precinct 1

Precinct 1
Telephone: 281-344-9400
E-mail Commissioner Stavinoha with any questions or requests for information:
commpct1@co.fort-bend.tx.us

Chief County Judge Bob Hebert
281-344-9400
E-mail werleann@co.fort-bend.tx.us

Arcola Contacts:
Mayor of Arcola (Alvin Gipson): 281-431-0606

Missouri City Council contacts:

Mayor@ci.mocity.tx.us; owenwall@wellsfargo.com; Council2@ci.mocity.tx.us; brjimerson@jimerson.net; bburton@ci.mocity.tx.us; Councila@ci.mocity.tx.us; ehrieiter@hal-pc.org; donsmith@ci.mocity.tx.us; Councilb@ci.mocity.tx.us; bkolaja@ci.mocity.tx.us; Council1@ci.mocity.tx.us


--Stay tuned for updates on this report as the information becomes available. . . .--CRD




*****
Committee for Responsible Development--Mo-City Group
responsible_dvlpmnt@yahoo.com
http://missouricitychatter.blogspot.com
Missouri City, TX

Comments on the Johnson Development SLAPP Case (from the webbie.com)

(this in from http://www.thewebbie.com):

My Side

When we decided to move to Texas so my wife can take an opportunity in the Medical Center we choose Sienna Plantation for various reasons. These include the highly rated schools, open spaces with trees everywhere with limited commercial development in the community and no apartments. Where we lived before there were apartments everywhere and more being added. The schools became overcrowded and poorly rated. We had to pay for our children’s school work books and they got photo copies of chapters from a text book because of the lack of funding and resources. First and Third grade classes has as many as 35 students per class. It was a poor situation getting worse.

No.. I admit that I did not go to City Hall and investigate every plan on file. That is not realistic and like many people I trusted the builders to provide and disclose information to me freely. I took the maps, brochures and the word of the receptionist that no apartments are planned for this community.

After living here for around 6 months I decided to start a website as a community service to get to know people and learn more about the area. I thought that new people moving in the community would benefit from having a community bulletin board. I wanted a place where people could freely discuss topics like shopping or car washes and community issues.

When I found out that a few people had multiple identities I was devastated. I thought more people were visiting. However that does not mean that no one visited. There were 272 registered visitors; maybe 30 of them were aliases from two or three people. There were many 100’s more visitors per month that were not registered. Interestingly enough one of the individuals that had 12 or more identities was not brought into court and forced into a deposition. If SJD simply asked me about the identities of those specific users I would have told them. They wanted to know the identities of ALL the users and to me that was unacceptable. This is why I fought so hard and why the ACLU decided to help me.

I have this to say the following before I agree to not speak out about this issue any more:

I believe it is irresponsible to add apartments to this community with no plans on expanding the schools. Both elementary schools here are over capacity or will be by the beginning of the next school year. The district should step in and work with the developers to make sure the schools can handle the load.

I believe that poor ethics are involved when public officials take political contributions from builders and then vote in favor in everything the builder wants. Council members should abstain from any vote that there may be a conflict of interest.

I believe that everyone has a right to free and anonymous speech, even if that speech hurts someone’s feelings. You don’t have to like or agree with what I say but you do have to allow me to say it. That is the American way.

I believe that it is our civic duty as tax paying citizens to question not only our government but the actions of corporations that involve the community. Yes, you have to answer to me. The balance between corporate greed and responsibility lies with the public conscience.

I believe that Missouri City is abusing the ETJ and that the laws do not protect the large number of citizens living in these zones. The constitutionality of the ETJs should be challenged. Based on projections more than 60,000 people will be living in Sienna before Missouri City will annex the lands. How many non-voting citizens can live in an area?

I believe it is evil to use the courts to silence the community when they are obviously speaking out against an issue facing the community. The Civil Code needs to be changed or laws need to be introduced to stop this insanity.


Thats that about that. I will speak no more about this case.

Eminent Domain News Roundup (from Texas Homeowners Association)

This is just in from the Texas Homeowners Association (CRD joined this service several months ago to stay better informed). Hopefully the EDC crowd here in FB county is paying attention to what other Texas counties are doing:


Texas Homeowner Association News
Eminent Domain News Roundup
A Swift Revolution Across the Nation
Austin, TX -

The Nation


Proposals in Texas, South Dakota, Connecticut and Illinois would restrict the use of eminent domain. . . .
Illinois is one of at least eight states that forbids eminent domain for economic development unless it is to eliminate blight. But lawmakers have scheduled a public hearing on the issue and a separate proposal would make it tougher to use the procedure. . . .
Source: http://www.kwqc.com/Global/story.asp?S=3595214

U.S. Rep. James Sensenbrenner, R-Wis., and others want to bar the use of federal funds for any project that involves a locality obtaining the land in a manner that the City of New London, Conn., has sought.
"They're going to have to find their own money, instead of coming to Washington," Sensenbrenner said. Local governments can sometimes qualify for federal transportation or community block grant funds for certain economic development projects. U.S Sen. John Cornyn, R-Texas, has introduced a similar bill in the Senate. . .
Localities, too, can keep this potential abusive power in check. For example, the City of Milford, Conn., is considering an ordinance that would prohibit the city from using its eminent domain power to seize homes for economic development projects benefiting private interests.
Source: http://www.poughkeepsiejournal.com/apps/pbcs.dll/article?AID=/20050714/OPINION01/507140328/1004

New London, Conneticut

Chanting "Let Them Stay" and flying the Revolutionary War era "Don't Tread on Me" flag, close to 500 protesters rallied at New London' s municipal building on July 5, where five years ago, the City Council voted to authorize the use of eminent domain to seize the homes of Susette Kelo and the six other property owners. . .  


Organized by the Washington, D.C., libertarian lobby group, Institute for Justice, it drew supporters from all over the Northeast and as far away as Kentucky and Texas.


Source: http://www.shorepublishing.com/archive/re.aspx?re=801d1983-f526-412a-b725-5a92183d046d

Texas


“The Senate approved a bill to limit state or local governments from taking private property for economic development.


On Tuesday the House approved a proposed constitutional amendment that would do essentially the same thing.


The Senate version is a proposed law. The House measure is a proposed amendment to the Texas Constitution.


Each plan must win approval in the opposite chamber to move forward.” . . .


Sen. John Whitmire, D-Houston, said lawmakers were moving too fast and needed to study the issue to make sure the law wouldn't hurt state economic development policies.
An amendment to the Senate bill will protect a proposed $650 million Dallas Cowboys stadium slated to be built in Arlington.


Arlington voters agreed in November to pay for half the stadium.


Arlington officials have said they'll need to acquire more than 75 acres of homes, apartment complexes and motels for the stadium.
Source: http://www.news8austin.com/content/your_news/default.asp?ArID=141245

Senate Bill 62, which passed 25-4, is similar to a proposed constitutional amendment passed by the Texas House earlier this week. Now, each chamber can consider the other's legislation. . . .
"While most people, including me, think they knew what public use was, the Supreme Court said that public use could include things like economic development," said Sen. Kyle Janek, R-Houston, the bill's author.


"The ownership of land is precious to the people of this state," Janek said. "I think people value those investments as much as they do anything else, perhaps maybe more than we do our pickup trucks."
Janek said he agreed to an amendment exempting a proposed $650 million stadium in Arlington for the Dallas Cowboys because he thought it was necessary to move the bill forward.
However, he successfully fought off attempts by Houston Republican Sen. Jon Lindsay, who wanted to subject the bill to required review in two to four years.


Houston Democrat Sen. John Whitmire and Janek engaged in a heated debate as Whitmire repeatedly urged lawmakers to slow down and study the issue more, pointing out that local officials wanting to pursue economic development projects are elected officials. . . .


The bill also was amended to make clear what would still qualify as legitimate public uses under eminent domain law in Texas.


For instance, railroads, seaports, airports, public roads and highways are subject to eminent domain laws, as are provisions for utility services, such as the need for an energy pipeline. Governments also could take land for water and wastewater projects, including drainage projects necessary to prevent flooding.
Source: http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3265587


Comal County, Texas
Commissioners voted 4-1 Thursday to repudiate any new power the ruling might offer Comal County to seize land for economic development or commercial purposes. . .

The Texas Legislature is working to define or limit its impact here, and Comal County officials decided they wanted to spell out their view for their own constituents so there is no doubt.
“The bottom line from my perspective, and I hope from this commissioners’ court’s perspective, is that this resolution demonstrates to the public that this court doesn’t plan to expand the limited authority to exercise eminent domain granted us in 1925,” Precinct 2 Commissioner Jay Millikin said. “This is a proactive statement of the intent of this court. In my mind, we do not need to wait for the state or federal Supreme Court or legislatures to tell us what to do.” . . .

County Judge Danny Scheel told the court that the Texas state Senate had passed a bill just Wednesday prohibiting taking of private property for economic development purposes. . . .

Scheel argued that Comal County didn’t need to get involved in the issue — that it would be dealt with by legislators at the state and national levels.

Source: http://web.herald-zeitung.com/story.lasso?wcd=13308

JUST IN FROM FortBendNow.com (MUD-ECO Update)-

Concerned Over Scam, MUD District Wants Out Of ECO Contract
by Bob Dunn, Nov 30, 07:42 pm

Pecan Grove Municipal Utility District board directors agreed Tuesday to end their operational contract with Sugar Land’s ECO Resources and put the contract up for bid.

The action was taken out of concern over a financial scam uncovered at ECO in September, MUD Board President Joe Taylor said Wednesday. ECO client manager Janet E. Trentham was fired after company officials discovered an embezzlement scheme in which more than $185,000 was taken from several MUDS that were ECO clients.

(for more on the above story please click on the title link)