Johnson Development Senior Vice President Doug Goff Makes Contradictory Statements in Deposition for Fraud, Trade Deception, Harassment & Negligence

MCC Opinion/Editorial

Johnson Development Senior Vice President Doug Goff Makes Contradictory Statements in Deposition for Fraud, Trade Deception, Harassment & Negligence Law Suit (SLAPP-back)

In August 2005 Sienna Plantation developer, Doug Goff, initiated discovery in a case that has been characterized as a SLAPP-suit (Strategic Lawsuit Against Public Participation) for Sienna area homeowners efforts to oppose the up to 2700 apartments approved in a controversial 5-2 Missouri City Council vote in February ‘05. The early phases of this case centered on the deposition of two Sienna homeowners over statements made on the now defunct SiennaTalk & MissouriCityTalk.com website which were forced off the air (internet) through apparent actions by JDC attorney John Keville. The website administrator, Matthew Feinberg, appealed the courts original decision to the Texas Supreme Ct. to no avail in the early discovery phases of this case.

In December, as a result of these earlier depositions, Johnson Development (Larry Johnson, President) through their attorney Mr. Keville of Howrey LLP of Houston filed a defamation/libel case against a Sienna Plantation family here in Missouri City and continues to seek out names of others who participated. The coverage of this case seemed to peak in January and February of 2006 when the “War of Words” story ran on Houston’s abc13 reported by Ted Oberg.

On February 13, 2006, a counter-suit (characterized as a SLAPP-back by legal experts) was filed in the 240th Fort Bend County District Court against Johnson Development and Senior V.P. Doug Goff for Fraud, Harassment, Trade Deception and Negligence. As a result of the SLAPP-back case, today’s deposition, which was rescheduled three times, was ordered by the court.

Preliminary findings from this deposition reveals alleged discrepancies from earlier claims made in an Opinion/Editorial piece released through FortBendNow.com earlier this year where-by Johnson Development representatives (JDC) made certain claims they said were based on the first deposition of homeowners. See some of the clarification on these contradictions below:


Assertions-

Assertion 1- JDC Senior Vice President Doug Goff reportedly admitted that he never asked Dr. Calvin or other homeowners to stop posting on the apartments and other development issues prior to initiating the SLAPP-suit.

Assertion 2- Goff further reportedly made certain admissions that homeowners may not have been fully informed , when purchasing, of the pending apartments (numbers and actual location) coming to Sienna Plantation in the PD-8 region.

Assertion 3- Additionally, Goff allegedly admits no direct knowledge for claims of some defamatory statements he reportedly made in their earlier suit (based on hear-say).

Assertion 4- Goff was unable to produce some requested posts or copies to support his claim of defamation as was stated in the earlier media releases.

Assertion 5- The JDC representative reportedly admitted that he had served on the Fort Bend Economic Development Council. This service and much of the work they do is partially tax supported and thus makes those representatives “public figures” and subject to public discourse.

Assertion 6- Goff apparently couldn’t name what if any social or monetary damages were caused by the targets in this SLAPP suit.

Assertion 7- The JDC V.P. allegedly claimed that no more than 5-10 residents were ever involved with the “No More Apts” petition drive in Missouri City (fully aware of the 1100+ area residents who signed off on the petition drives and scores of others who attended city council sessions on this concern, along with an election that produced this as one of its major issues locally).

Assertion 8- Mr. Goff reportedly admitted not knowing all the boards and entities of which he may be a member.

Assertion 9- Several times during the testimony Goff appeared to contradict earlier statements released in a FBN.com piece where claims were made that only one Sienna homeowner was involved in the “No More Apts.” petition drive.

Assertion 10- Goff allegedly reported that all Sienna sales staff are briefed on development issues and changes on a regular basis.

Thus there is no reason information should be with-held from potential customers. Even though maps in the sales office only last summer were updated to reflect the current developer’s agreement.

Assertion 11- When reportedly asked if he had any knowledge of JDC or any affiliate hiring private investigators to look into homeowners backgrounds, Goff was quoted as saying “not to my knowledge”.


Summary

This is but a small accounting of the deposition of Senior V.P. Doug Goff and the hundreds of pages of transcript taken. On June 1st lawyer Keville (JDC legal rep.) will be attempting to seek out and attain an injunction through the 240th district court as this SLAPP & SLAPP-back suit progresses. At the deposition Mr Goff claimed to not be seeking to silence anyone’s right to free speech, but that would seem to contradict the actions by Keville (JDC lawyer).



STAY INFORMED AND KEEP IN TOUCH!

GET ON the Petition to Reform the Land Development/Building Trades by clicking on this title link--

Join the thousands who are helping to reform the developer/building trades. Sign on today! Use the anonymous feature to keep your name from public view and join the effort underway to bring U.S. congressional hearings to this unregulated industry!


Stay informed and keep in touch!

Who’s Running Your HOA?

This article from the AHRC and affiliate Texas Homeowners Association (click title link above for the full article), a homeowner consumer watch organization, provides the inside line on a growing 90 billion dollar unregulated industry of lobbyist, lawyers and community associations that operate as quasi-governmental identities and does anything but represent association members interest. Read this piece called “Culture of Lies” and other AHRC related links on how some families homes have been foreclosed on by associations at:


http://www.ahrc.com/new/index.php/src/news/sub/article/action/ShowMedia/id/2824

http://www.bizjournals.com/houston/stories/2005/04/25/story8.html -- (Silver Lake community fight to regain control of their HOA from a Johnson Development seated board -- developer of Sienna Plantation, Riverstone, Tuscan Lakes, Silver Lake, etc...)

http://www.ahrc.com/new/index.php/src/news/sub/article/action/ViewComments/mediaid/530

http://www.ahrc.com/new/index.php/src/news/sub/pressrel/action/ShowMedia/id/81

http://www.chron.com/cs/CDA/story.hts/front/1297991 -- (A Houston Chronicle article on the jump in HOA lead foreclosures, includes an interview with Sandy Denton, Sienna Plantation SPRAI manager hired by the Johnson Development Co. to run their HOA under the developer controlled board)

http://www.ahrc.com/new/index.php/src/tools/sub/newsletter/action/display/id/632


Locally, most HOAs along the Sienna Parkway corridor and McKeever Rd. area are independent HOAs and not affiliates of the CAI (Community Associations Institute), but the largest subdivision HOA, Sienna Plantation Residents Association (with nearly 3000 homes), is a member and the current director of this association is finishing the term as president of this organization. Read the linked articles above on the impact of CAI and related groups that work with an industry of lobbyist and lawyers around the country in the “HOA Industry”.


Stay informed and keep in touch!

From FortBendTalk.com: Lake Olympia Residents Defeat Corner Mart Zoning (LC-3)-

Just in from sources from Lake Olympia: A recent attempt to build a corner-mart gas station & convenience store inside the housing area of Lake Olympia subdivision was defeated by homeowners in that community. We would like to congratulate them on their efforts to unite on such an endeavor. As many of you know, fairly recently, they regained control of their HOA from their developer's management team.

We'll post more on this and other Mo-City neighborhoods as it comes in...

SOS Reports: FBISD Internal Audits Released -Which Documents Long-term Waste (click on title link for more)

Why is FBISD in the printing business at all?

The recently released internal audit review of the FBISD Print Shop operation is alarming -- but not surprising. This is not a full-blown audit -- only a review. But the opening sentence pretty much says it all:

"The review of the Print Shop determined that the system of internal administrative and system controls currently lacks the ability to ensure the safeguarding of District assets."

...The Print shop has lost an average of $80,000 during each of the past three years -- and that's just what can be accounted for in an operation that has been woefully mismanaged. . . (click above title link for the rest of the story).

______________________________________

and

Our Favorite passage from the recently released Human Resources Audit....

The recent audit of the FBISD Human Resources department highlights more evidence of widespread and long-term mismanagement and misuse of District assets. Below is one our favorite passages on page 14...


IV. EMPLOYEE STIPENDS
Issue Risk (A)

It was noted that not all individuals receiving stipends are accurately listed in the financial software system (i.e., CIMS) so that their license renewal can be verified each year. For example, if an employee is hired and is awarded a stipend based on a verifiable reason (i.e., professional license) and Human Resources personnel fail to enter a date in the “license date” field, Human Resources would not be able to readily determine when that license expires. Consequently the employee will continue to be paid a stipend for a reason that is no longer valid.

In addition, Internal Audit also received notice from an anonymous source that some transcripts had been submitted by a employees from unaccredited colleges and universities in order to qualify for stipend funds. Upon review, this report as noted to indeed be correct, a degree from an unaccredited university was presented and the employee has received in excess of $15K in stipend funds to date. . . (click title link above for entire story).

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MCC comment: Welcome back SOS. Keep an eye on the district and the tax dollars for us.

Christus Update: More Hospitals for Sugar Land but NOT Missouri City (at least for now)-

Construction Set To Start This Fall On St. Luke's Hospital In Sugar Land

Real estate sources confirmed on Wednesday persistent rumors that St. Luke’s Episcopal Health System will build a new hospital and medical office building in Sugar Land.

The complex is planned for Lake Pointe Town Center at State Highway 6 and U.S. Highway 59 in Sugar Land. . . .

. . . At the same time other hospitals are expanding here, another health care chain decided to put its plans for a Fort Bend location on hold. Christus Health Gulf Coast had announced plans for a hospital and 80,000-square-foot medical office building in Sienna Plantation. Christus owns 36 acres at the southeast corner of Sienna Parkway and Highway 6.

Christus originally planned to build a 100-bed hospital employing 350 people, and eventually to expand it to add 200 more patient beds and full medical services, according to home builders at Sienna Plantation. Rumors of the St. Luke’s hospital and the Memorial and Methodist projects caused Christus to rethink the timing of the project, a Christus official said.

Christus is downsizing, Kircher said, and the decision to hold off on the Sienna Plantation project may be more of a reflection of the company than the market. In March, Christus announced the sale of the historic Houston Christus St. Joseph Hospital to Hospital Partners of America in Charlotte, N.C. . .

(Click link above and check out earlier threads for update on this issue)

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CRD Comment- With Hermann moving and Christus on permanent hold who will provide health care in an emergency here in the Arcola-Mo-City-Fresno-Stafford areas, like last years Rita scare (travel time to SL and hwy 59 3-4 hours)???

From AHRC News (and THA):

Click title link above for full story and related reader comments:


California Justice William F. Rylaarsdam will Moderate Anti-SLAPP and Anti-SLAPPback Motions Forum
Course will review case law, statutes, malpractice considerations and Federal Anti-SLAPP motions

May 19, 2006

By AHRC News Services

Costa Mesa, California -
The following is a seminar announcement from the Rutter Group who provide legal seminars and publications.


Anti-SLAPP and Anti-SLAPPback Motions
PANEL:
• Justice William F. Rylaarsdam - California Court of Appeal - 4th District, Division 3)Moderator
• Sharon J. Arkin - Arkin & Glovsky and • James J. Moneer - Priovate Practice - San Diego

LIVE PROGRAMS:
San Francisco - Monday - June 12, 2006
Costa Mesa - Wednesday - June 14, 2006

REGISTRATION: 6:30PM - PROGRAM 6:00 - 9:00 PM

VIDEO REPLAYS
Costa Mesa - Tuesday - June 27, 2006
San Diego - Wednesday July 12, 2006
Sherman Oaks - Wednesday - July 12, 2006

Tuition including California Practice Guide Before Trial ....$355
Add sales tax on $200. Practice Guide
Deduct $200 if you already own Practice Guide
Tuition without books $155.
CD of seminar $150, DVD of seminar $195. Available two weeks after the first seminar.
Special Offer: Civil Procedure Before Trial FORMS...$125
Add applicable tax

FOCUS

An anti-SLAPP motion under CCP §425.16 is often the opening salvo in civil litigation. In appropriate cases, a valid motion can lead to early settlement; and adverse rulings are immediately appealable, staying further proceedings.

As a result of increasing use, there are dozens of new appellate cases dealing with anti-SLAPP motions. And the Legislature has also been active: A new "anti-SLAPPback" motion (CCP §425.18) has been created to attack malicious prosecution actions based on earlier lawsuits dismissed pursuant to §425.16.

This three-hour program will bring you up to date. Our panelists include lawyers who specialize in anti-SLAPP motions and an appellate justice who has written extensively in this field. They will explain the intricate statutory scheme and the impact of the new legislation and cases. They will also suggest strategies and tactics in making and opposing anti-SLAPP motions.

Whether you deal with anti-SLAPP motions regularly or only occasionally, this is a "must attend" event!

HIGHLIGHTS

• Review of 2005-2006 case law and new "anti-SLAPPback" statute (CCP §425.18)

• Identifying SLAPP issues before it's too late: which causes of action are subject to anti-SLAPP
motions and anti-SLAPPback motions

• Which actions are exempt from anti-SLAPP motions... including claims against business
entities (CCP §425.17)

• Effect of joining SLAPP and non-SLAPP actions in same complaint

• Burden of proof considerations: defendant's burden ("arising from" protected activity) vs. plaintiff's burden ("probability" of prevailing)

• Evidentiary considerations; admissible vs.inadmissible evidence

• Anti-SLAPP discovery motions... getting around the automatic stay

• Anti-SLAPP fee motions... "prevailing" defendant vs. CP §128.5 fees for "frivolous" motions

• Malpractice considerations in making or opposing anti-SLAPP motions

• Anti-SLAPP motions in federal courtS

COURSE MATERIALS

Enrollees will receive the three-volume California Practice Guide: Civil Procedure Before Trial, written by Judge Robert I. Weil (Ret.), Judge Ira A. Brown, Jr. (Ret.) and Justice William F. Rylaarsdam. (Passholder attendees may purchase this book at a special price.)

If you already own this book, you are entitled to a substantial credit toward the course tuition .
The Rutter Group certifies that this activity has been approved for MCLE credit by The State Bar of California in the amount of 3 hours, of which 0.5 hour applies toward Legal Ethics. Visit to earn additional MCLE participatory credit!

INCLUDED WITH THE TUITION OR AVAILABLE SEPARATELY : CALIFORNIA PRACTICE GUIDE - CIVIL PROCEDURE BEFORE TRIAL

AUTHORS:
JUDGE ROBERT 1. WEIL (Rat.) Los Angeles Superior Court
JUDGE IRA A. BROWN (Ret.) San Francisco Superior Court
JUSTICE WILLIAM F. RYLAARSDAM California Court of Appeal, 4th. Dist.
JUSTICE PAUL A. TURNER California Court of Appeal, 2nd. Dist.
JUDGE LEE SMALLEY EDMON Los Angeles Superior Court
JUDGE ANTHONY J.MOHR Los Angeles Superior Court

3 VOLUMES - OVER 3900 PAGES
• Special Passholder Price......$200
• Regular Price.....................$395
Price includes shipping; add applicable sales tax.
CD-ROM priced and sold separately.

CONTENTS:

• Prelawsuit Considerations
• Parties to the Action
• Jurisdiction and Venue
• Summons
• Defaults
• Pleadings
• Attacking the Pleadings
• Discovery
• Law and Motion
• Provisional Remedies
• Sanctions
• Summary Judgment/ Summary Adjudication
• Dismissals
• Case Management and Trial Setting
• Settlement Procedures
• Judicial Arbitration and Mediation
• Class and Representative Actions
TABLES: Cases, Statutes and Rules INDEX

Fort Bend Sun Front Page: Local Principal in Hot Water Over Ethics Complaints . . .

Ethics commission excludes e-mails from political ads

By: Seshadri Kumar, Editor 05/22/2006


The role played by e-mail in political campaigns has come into focus following two alleged violations of election law in the May 13 Fort Bend ISD elections.

(Click title link above for the entire story) . . .

"E-mail is not a form of communication included in the definition of political advertising, and therefore, the school district employee who sent an e-mail supporting a candidate using the school system did not violate election code, the commission ruled.

The ethics commission's latest ruling conflicts with its 2004 decision involving an employee of a school district, who was held in violation of the election code for sending e-mails in support of a candidate.

Healey said though the two rulings conflict, the commission has left open the interpretation that fliers or attachments to an e-mail may constitute political advertising.

Uncertainty over e-mails in political advertising could continue until the Legislature clears the confusion.

Complaint against principal

Meanwhile, the ethics commission is investigating a complaint filed by Sienna Plantation resident Michael Ryan against Linda Ruckman, principal of Sienna Crossing Elementary for using email for campaigning.

An e-mail in which Ruckman criticized the school board president, Lisa Rickert, and said why Ruckman could not support Hal Jay, one of the candidates, was posted on an Internet discussion group.

The complaint was filed on April 25 and was reported earlier in this paper.

Ruckman had denied any wrong doing.

Soon after that, Ruckman had been quoted as saying the school district checked with the ethics commission and concluded she had not violated any laws.

The school district has not responded to an open records request made by this newspaper on May 10 asking for the e-mail correspondence in which the administration reportedly told Ruckman she did not violate any rule.

The district has 10 days to respond to the request.

After reports that Ruckman had done nothing wrong surfaced, the ethics commission sent her a letter on May 2 asking her to respond to the allegation within 25 business days.

Ryan also alleged Ruckman threatened retaliation against his wife, a former school employee. The ethics commission said that allegation was not within the jurisdiction of the commission. "

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MCC Comment: See Related FortBendNow Piece on this controversy at http://www.fortbendnow.com/news/1079/couple-files-ethics-complaint-against-elementary-principal-saying-shes-promoting-politics-from-school

New School Board President Elected (FBNow.com Story -- Click on Title)

Smelley Named FBISD Board President Again As Super's Search Starts Up
by Bob Dunn, Tuesday May 23, 2006

Steve Smelley has become president of the Fort Bend Independent School District Board of Trustees for the second time, elected to the position by fellow trustees late Tuesday night.

Trustee Ken Bryant was elected to serve as vice president, continuing the position he held in the previous board term. Trustee Laurie Caldwell was elected secretary.

All three appointments were made on a 5-2 vote. Sonal Bhuchar, who won her board position in the May 13 election along with Smelley, voted against the slate of candidates along with Trustee Cynthia Knox.

Smelley and Bhuchar were sworn into office about two-thirds of the way through a marathon FBISD Board meeting dominated by groups of citizens who aired a variety of concerns and pushed the meeting to continue into early Wednesday morning (see related story). . .(click title link for entire story).

New Home Builders NewsBlog.com Reports on Fraud Case Against Johnson Development Company & Doug Goff, Developers of Sienna Plantation (click title)!

Activist Slaps Back In Countersuit Against Sienna Developer

Richmond,TX. -"Countering the defamation lawsuit filed against him by Sienna/Johnson Development, community activist Chris Calvin now accuses the developer of fraud and negligence in selling him a lot in the Sienna Plantation neighborhood. Also named in the counterclaim, filed last week by attorney Jeffrey Singer, is Sienna/Johnson Senior Vice President Douglas Goff and three other related business entities: Sienna/Johnson North, LP; Sienna/Johnson North GP, L.L.C.; and Sienna/Johnson Development GP, L.L.C. In the counterclaim, Calvin also accuses the defendants of deceptive trade practices and of filing a groundless lawsuit against him...Calvin began objecting to Sienna Plantation plans for building apartments, both publicly(in Missouri City Council meetings) and on web site discussion forums. This objection, he states in his counterclaim 'resulted in the filing of the plaintiff’s petition in this case against him.' . . . (click title link above for more)


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MCC Comment: Doug Goff, through the Johnson Development lawyer John Keville, Howrey LLP of Houston, has rescheduled his court ordered deposition in the Fraud, Trade Deception suit by homeowner's attorney, Jeff Singer of Sugar Land, for a third time and scheduled a follow up hearing a day later (May 31st & June 1st respectively) seeking an injunction on one homeowner's speech/petition rights in an attempt to silence them with regard to this SLAPP case. Further court action included Johnson Development Co., through lawyer Keville again, deposing a second homeowner/JDC customer (3 owner's currently deposed thus far) in this case while also seeking more names of Sienna Plantation homeowners who helped in a petition drive garnering 1100+ signatures against up to 2700 apartment units being brought to this quiet single family homes community last spring/summer as they attempt to expand the scope of the SLAPP suit.

Earlier last week a failed attempt by concerned Missouri City residents, over the campaign contributions going to commercial bank executive & current mayor of Missouri City, TX, Allen Owen, ended in the re-election of this heavily developer-backed mayor (JDC the #2 giver on the list '99-'05). Greyling Poats, an avowed reformer and local successful insurance executive, surprised many with a strong showing after winning 9 precincts to Owen's 14 precincts (Poats being a relative political unknown). Poats was quoted as saying "this is just the beginning of the grass-roots reform movement in this community, we will be back!". --We look forward to it Mr. Poats and will update this as it develops!

Fort Bend Herald Covers Controversial Apartments in the County!

Click above title link for more. . .

Rosenberg Takes Lead on Apartment Fight (See FBNow article)-

Rosenberg City Council Toughens The Rules For Apartment Development
by Bob Dunn, Tuesday May 16, 2006

Rosenberg City Council acted to tighten restrictions on apartment development in the city, approving an ordinance Tuesday night that limits multi-family housing by height, density and total number of units per complex.

The city began moving toward more multi-family development restrictions on March 22, a day after residents assailed the council over plans by San Antonio developer Gregory Thorse for a 168-unit low-income apartment project called Providence Estates.

“With the current surge of development, the Planning and Zoning Commission requested that these amendments be revisited,” Rosenberg Planning & Engineering Directory Kimberly Olsen said in a report to the council.

As a result of the new ordinance, Rosenberg apartment buildings can be no more than three stories high, with no more than 7,000 square feet per floor. Multi-family developments won’t be allowed to include more than 250 units, and the maximum allowable density will be 21 units per acre. . . (click on title link for entire story)

FBSun Reports on Local Elections (click on title link for full story)-

Bhuchar, Smelley win; Jail, library bonds pass

By:SESHADRI KUMAR, Editor 05/15/2006


Sonal Bhuchar and Steve Smelley handsomely won in the keenly contested Fort Bend ISD elections on Saturday, thus suggesting the voter preference for a board that will move in a different direction than it was after the May 2005 election.
Advertisement

In Stafford, Ken Mathew became the first Asian American to be elected for city council and with the maximum number of votes, he joins the two incumbents, Mike Sachs and Cecil Willis, who were re-elected.

In Missouri City,. Mayor Allen Owen easily retained his seat, defeating challenger Grayling Poats.
In other area elections incumbent mayors of Arcola and Fulshear were defeated.

Fort Bend County voters also overwhelmingly approved the three bond propositions - $85 million bond issue to build a new 984-bed jail, $24.50 million bond issue for two new libraries and $20.50 million bond issue for six new buildings and renovations to the Jane Long Annex. . .

MCC Exclusive: Candidates Issue Congratulations in School Board Race!

OP ED SUBMISSION

Congratulations to Steve Smelley and Sonal Bhuchar on an impressive win Saturday.  This was a hard fought race through which more people in our community took interest and got involved than have in many years – and that’s a good thing. There is now, not only more awareness, but higher expectations for Board performance with regard to proper governance, due diligence and accountability.  And that’s a very good thing.

I certainly learned a great deal more about this district through the election process.  I also met an astounding number of people from every corner who, like me, want to sincerely see Fort Bend ISD become the model for educational excellence it should be and that our children deserve.

I would like to thank the many people who worked incredibly hard in this election on my behalf and who voted for me.  In particular, I want to thank my loving husband, John, and my children who, as always were incredibly patient and supportive.

Mr. Smelley’s initial public comments set the right tone for a productive beginning.  I sincerely hope he and Mrs. Bhuchar will put aside any preconceived notions they may have and take the time to get to know and work with other current board members to rebuild a more productive atmosphere on the Board.  Otherwise, winning the election may have been the easiest thing they’ve done to date.

Despite the negative stories that have dominated in recent months, several positive steps have been taken in the past year to make Board governance more open, transparent and inclusive of community input.  There has also been significant progress made toward more fiscal responsibility and accountability with an eye toward moving more funding back into teachers and classroom resources and improving the District’s abysmal student/teacher ratio. The need for real and ongoing long-range planning was highlighted during this campaign and met with almost universal acceptance.  These are paths that the Board should continue down.

Many large challenges lie ahead for Fort Bend ISD.  It’s important that we deal in facts and be honest with the public about where we are so we can chart a path, together, for where we want to go. 

In the coming months, the Board will be engaged in the selection of a new Superintendent to lead this District. This is the most important task a school board undertakes. The community should be actively engaged in this process as a Superintendent Profile is developed by the Board. I urge everyone who got involved in this election (for any candidate) to stay engaged as this process moves forward. 

Finally, in response to the many people who have asked… Yes…the Save our Schools site (www.save-our-schools.blogspot.com ) will come back on-line with fresh news about District and education issues in the next week or so.  We will continue to attend and report on Board meetings and actions as well as serve as a community forum on FBISD. 

Liz Mitton
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Comment: Good to hear that the SOS group will get their site going again. We rely on it as an alternative source of district information. I know without it we wouldn't have known about the zoning issues that came up on our area of Mo-City in Feb.-March. Thanks SOS (didn't read about it in the Star until long after the coverage)!
 

MCC report: Sienna Plantation MUD #2 Race was Close!

MCC report: For those of you who followed the MUD race here, the final results were close with 371 ballots. Mark Parsons (with 22%) finished first while Larry Zwang was second with 20% of the vote total. An unconfirmed rumor had been circulating in the community that an apparent attempt was being made to retake the largest resident controlled MUD (1700 homes) in Sienna. This, however, did not occur given the final results in this race. You can visit the SPMUD2 website at http://www.spmud2.com/ for more on the ditch controversy here in Sienna Plantation.

Congratulations to Mark, Larry and thank you for your service Juan and David. Appreciation is extended to all those who got out and voted Saturday in these sometimes over-looked, but all too important races locally.

Stay informed and keep in touch!

Some Reform Candidates Win While Some Go Down In Defeat: See Election Day Results

Voters Oust Mayors In Arcola, Fulshear; Owen Wins Again In Mo. City
by Bob Dunn, May 13, 08:02 pm

Voters ousted incumbent mayors in Fulshear and Arcola, and held on to a mayor in Kendleton who was tossed out of office recently by city council members and then reinstated by a judge.

In Arcola, former City Councilman Tom Tuffly has become mayor, replacing Alvin Gipson, who drew fire from city residents several times over the past year for his handling of development issues surrounding Houston Southwest Airport.

Fulshear Mayor J. Michael Dinges also lost his position, to James W. Roberts, himself a former mayor.

J. Carolyn Jones won re-election easily over challenger Ruby Smith, 73 votes to 28. Jones was reinstated to office on Wednesday after City Council voted to remove her, accusing her of malfeasance in office. Assistant Fort Bend District Judge Pedro Ruiz reversed that decision, indicating Jones didn’t receive fair due process.

In Missouri City, Mayor Allen Owen turned aside a challenger by insurance executive Greyling Poats, by more than a two to one margin. . . (click the title link above for more from this FBNow.com story)

Get Updated Election Results for May 13th Vote (Click on title link)

Follow the returns through this site at http://www.co.fort-bend.tx.us/getSitePage.asp?sitePage=5663 (FB county) or via http://www.fortbendnow.com. You must have the adobe reader to see the updated results as they come in after polls close tonight.

Good luck and stay informed and keep in touch!

From FBStar: POOR Journalism or Deliberate Mistake May Hurt Mayoral Candidate Poats?

(click title link above for entire section on this)

"Mo City secretary questions accuracy

Dear Star News,

I must say I am flabbergasted at the information on the front page of the May 3, 2006, edition of The Fort Bend/Southwest Star, regarding the Missouri City election. It states, “Missouri City only has mayor on ballot.”

If someone had but contacted me or a staffmember in my office, we would have gladly provided accurate election information. In addition to the mayoral race in which we have two candidates -- Allen Owen and Greyling Poats, we also have two other positions on the ballot -- At Large Position 1, with candidate Jerry Wyatt, and At Large Position 2, with candidate Buddy Jimerson. Both of the At Large races are uncontested.

A simple phone call would have afforded accurate reporting on Missouri City election information.

City Secretary Patrice Fogarty

Publisher’s note: Although the headline was indeed unfortunate, we do not consider uncontested races necessary to detail. And despite repeated attempts, we were unable to get Mr. Poats to return a telephone call. I believe the story mentioned he was running. So the only people ignored were the two running uncontested races. We apologize for the inaccurate headline.

Bev Carter, publisher
------------------------------------------------------------------------

Reader questions Bev’s journalism;
Bev responds

Dear Bev:

I am in the habit of reading your column on a weekly basis to keep up with the political machinations within the county. Today’s column was, however, the furthest thing I have see you do in 15 years, from anything that might be called journalism.

I understand it’s a column, and therefore is just an opinion piece, but I found it odd that you cast aspersions on Liz Mitton and then failed to tell us what alledged heinous falsehood she spread.

Your column was reduced to blatant innuendo, all in an obvious attempt to prop up Mr. Smelley’s campaign in exchange for returning your personal friend, Dr. Baitland, to her former position.

Your airing of your personal grudges in this manner is a diservice to your readers and certainly a discredit to other “Editors” and “Pubishers”.

Since you cannot report on the school board race because you too have a horse in it, perhaps it would be best if you ceased covering it.

Bev, we trusted you to be above local politics, not a player in them. We certainly cannot trust the Star for fair and accurate reporting, now can we?

Sincerely,

David R. Fucich"

Data On FBISD: FBNow Piece--

Before you vote Saturday consider this piece in FBNow.com.

FBNow Report: Hilton Files Complaint On Arcola Mayors Financial Dealings!

Complaint Filed With DA Accuses Arcola Mayor Of Running City 'Like A Bank'
by Bob Dunn, May 10, 03:37 pm

A candidate for Arcola City Council has filed a complaint with the Fort Bend County District Attorney’s office accusing Arcola Mayor Alvin Gipson of illegally extending credit to city employees on behalf of the city. (Click title link for the entire story)--

Sign Wars Continue (This time in the school board race)-

Just an update to the local sign wars as the political season heats up! Catch this FBNow.com piece on the district election and the destruction of one candidates signs. . .


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MCC Exclusive: Poats and Others Confront Owens Over Potential Ethics Practices in Election-

Monday nights city council session was staged as a "feel good event" for Allen Owen with about an hours worth of awards and congratulatory presentations before the channel 16 cameras, but when the open session finally arrived several Missouri City residents, including mayoral candidate Greyling Poats, spoke on ethics, apartments, crime and the problematic future hospital that is currently on hold for our area.

Poats addressed council on reported unethical city e-mail use and possible race baiting as a campaign tactic by Mayor Owens, while other speakers requested reconsideration of the controversial approval in '05 of up to 2700 apartments brought to the city by one of Owen's top campaign contributors, which lead to additional uninvestigated ethics complaints filed with the city last year when the mayor did not recuse himself from the voting. It was stated in an earlier piece that Owen's administration, under Frank Simpson, city manager, that they determined no such investigation was warranted.

Additionally, several residents spoke up on the alarming increase in their neighborhoods of low rent housing and increased noise and crime. Very little response was offered at the time by mayor or those on council.

See the minutes of these hearings by clicking the title link above and judge for yourself. . .

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From FB Sun: Ethics Complaint Filed On Local Sienna Principal

Owens had 12 Years to Get Control of Taxes (Try New Leadership Without the Strings): See this FB Sun Article!

Mayoral candidates Owen, Poats, differ on ideas

By: Diane Tezeno, News Reporter 05/01/2006


Missouri City Mayor Allen Owen, and his challenger, Greyling Poats, both long-term residents of the city, hold very different views for shaping Missouri City's future as they campaign for their election on May 13.

The six-term mayor is committed to maintaining a low crime rate and providing a safe environment for citizens. He believes public safety, mobility, redevelopment and revitalization of aging infrastructure, and seeking continued development opportunities for the city, are the major issues facing Missouri City.

If reelected, Owen plans to continue bringing quality retail business to the area to replace property taxes with an alternate source of revenue such as sales taxes, partner with utility districts to adhere to state surface water mandates and treat run off before it enters the water supply. Owen says he will also work with developers to provide a quality source of housing and amenities.

"My role is to facilitate and take the leadership role in working with people that are interested in seeing our city prosper. It takes a team of council members working together in the same direction," he says.

Owen credits quality developments like Sienna Plantation, Riverstone, Lake Olympia, Brightwater, Lake Colony, Colony Lakes, Lexington Colony, and others, with attracting much needed large retail establishments. "None would be here today had it not been for these new subdivisions," he says.

"Our city is reaching a point where many streets and other infrastructure will need to be upgraded or replaced entirely which will be a very costly endeavor," says Owen. "One that will need to be paced over time to avoid any new tax increases," he adds.

During his recent tenure, a new HCC campus has been approved, a new county library will be built, the Fort Bend Toll Road has been completed, and there has been a marked interest in developing the Highway 90A/Beltway 8 corridor.
"We continue to work with Christus Hospital to bring a much needed medical complex to replace Memorial when they leave for their new facility on Highway 59. We also continue to work on developing commuter rail along the 90A corridor," Owen says.

"Having served on planning and zoning for five years, council for eight years, and now mayor for the past 12 years, I have dedicated 25 years to being a public servant to the citizens of Missouri City. I hope to continue doing that. The city is 50 years old this year and I look forward to seeing it be the place people enjoy calling "home" for many more years to come," says Owen.

Poats, who wants to unseat Owen, lists as his top priorities, restoring honesty and integrity to council and the administration, and retaking local control from special interests.

Real tax relief, reducing disparity in development in Missouri City, protecting the environment, long-term planning with community input and term limits for all council members are among his goals. "I believe the focus of a new administration should be on protecting homeowners' value throughout Missouri City and not just newer areas," says Poats.
The 25-year Missouri City resident says he is not committed to anyone, but the citizens of Missouri City.

"I am pledging to not accept out-of-area special interest contributions and to represent this community's wants and needs," Poats says.

Two important goals, if he is elected, are to retake local control from the special interests that he says are now operating and profiting in the community and to conduct a review of fast-track privileges for corporations instituting negative PR models here locally, he says.

He also believes the concerns of Sienna residents regarding apartments in their community are valid issues.
Asked how he would have handled the issue of apartments in Sienna, Poats says he would have proposed review of the contract with Sienna, and then worked with current ordinances or provided new ordinances as appropriate. Poats says the apartment issue is not only in Sienna, but citywide. He believes term limits on council are necessary because citizens are apathetic under the current structure. "Fresh ideas are always needed in government," he adds. . . (click on the link above for the entire story and accompanying ad/platform).

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CRD Comment: Why now suddenly is Owen interested in bringing down taxes? Hasn't he been promising this along with no more apartments for years. What's new in another broken promise. Check his campaign contributors (most are out of area and nearly 60% '99-'05 were big Houston development companies. Check his voting record too on controversial issues that divided voter, homeowners, taxpayers and his developer backers and see who he supported (no big surprise -- take back local control!).