Sienna Developer's July Update Meeting Generates More Questions-

Some questions came into the contact site following the Sienna July Developers Update. As usual it generated more questions than it answered. Here are some of them. We will post the minutes when they come available:

-With the Toll Road and traffic lights was there any mention of the traffic survey that was started about 2 years ago?

-Do you know who is going to pay the $1 MILLION to fix the fluoride levels?  Will it be residents?

-Is the rout to FM 521 only for emergencies?  The Developers were supposed to put a regular access road in there but canceled it for some reason.

-Was there any mention of Fire station #5 being built to help reduce the ISO rating?  The Fire station was supposed to be built at 3,000 homes.  We are now around 3,400+, so we are way overdue for the fire protection.



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Comment--The numbers on homes presented at the update were actually 3811.



Stay informed and keep in touch!

AHRC News Reports On Looming TUPCA Battle in Texas! -- click title link--

Some of you may not be aware of the pending legislation created by the TCREA lawyer's lobby group for the CAI (Community Associations Institute and their related developer group the ULI). This legislation was crafted by a specialty group of lawyers to increase the powers over homeowners living in their communities (and all commons area communities like Sienna Plantation along with many others). Already this group has been successful at gaining the right of foreclosure by your HOA through their lobbying and court efforts. Let's not allow them to extend this power. Already thousands of HOA lead foreclosure filings have taken place in Harris county alone and have spread with this group into neighboring counties and across the state. If this legislation passes, and it has a good chance, it will extend developer control over homeowners long after build out. . .

-First click the title link above and read the full story!

-Then Search this site for your HOA attorney (remember you pay for him, but he's not representing you: http://pages.prodigy.net/hoadata/ )

-Search the Fort Bend County court records for current HOA filings by these lawyers (in your area): http://courtcn.co.fort-bend.tx.us:80/pls/public/ck_public_qry_cpty.cp_personcase_setup_idx

-Then contact your local legislator and tell them to vote NO on TUPCA this session!

-Area contact info:

Kyle Janek -- State Senate at Kyle.janek@senate.state.tx.us

Charlie Howard -- State Rep. at charlie.howard@house.state.tx.us

Dora Olivo -- dora.olivo@house.state.tx.us

-Remember to check Mr. Howard and Mr. Janek's campaign contributions list through the state ethics site or http://www.brazosriver.com to see which industry reps. are giving to their campaigns.

Stay informed and keep in touch!

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

More on SLAPP-suits by the Realty Times-

Developer "Slapp" Suits Face Tough Going In Court
by Stuart Lieberman

A "Slapp" suit, which stands for "strategic litigation against public participation," is an easy and often relatively inexpensive device available for shutting up members of the public who voice opposition to a proposed development.

Slapp suits are not new. What is new are the various laws and court decisions which make it clear that Slapp suits are extremely disfavored.

Unless objectors are acting maliciously, they generally have a right to have their voice heard.

Take, for example, the Massachusetts' anti-Slapp law, which in part provides: "In any case in which a party asserts that the civil claims, counterclaims, or cross claims against said party are based on said party's exercise of its right of petition under the constitution of the United states or of the commonwealth, said party may bring may bring a special motion to dismiss.

"The court shall advance such special motion, unless the party against whom such special motion is made shows that: (1) that the moving party's exercise of its right to petition was devoid of any reasonable factual support or any arguable basis in law, and (2) that the moving party's acts caused actual injury to the responding party..."

We all know what typically happens before this kind of suit is filed. A developer or other applicant seeks approval for a controversial project. Neighbors rally, causing delay, which equates to dollars in the minds of the often cash-starved applicant. Time is money, after all. Soon, it all starts to get a little too personal, and a Slapp suit follows.

There is a classic tension in these kinds of cases. The citizens want to object and have a First Amendment right to do so. On the other hand, the developers and other applicants do not want to get bogged down in sometimes, really perhaps often, baseless delay tactics. And for them, as I have already said, time is money.

What is a developer to do? So as to intimidate objectors, some developers have taken to filing Slapp suits. The purpose is simple: to shut down opposition so that the project will be uneventfully approved.

In New Jersey, a recent appeals court decision called LoBiondo v. Schwartz has reflected the state's strong disfavor of these kinds of suits.

In the LoBiondo case, at issue was a proposal to enlarge a beach house. While some might have enjoyed the amenities associated with a larger beach house, an adjoining property owner was outraged by the proposal. And she was not alone. The property owner and her "partners" made it their business to vocally oppose the project at every step of the way. It got ugly -- which is not unusual.

Keeping in mind the theme of this article, you can guess what happened next. The applicant filed a Slapp suit against the opponents. The allegations in the lawsuit were typical: defamation, emotional distress and business interference. What's more, this angry applicant did not just seek compensatory damages, the applicant also sought punitive damages, in other words, a damage award sufficient to "punish" the objectors for opening their mouths. . . . .


. . .The appeals court saw this lawsuit for what it was: a Slapp suit and nothing more. And the court made it clear that Slapp suits are extremely disfavored. The public must be allowed to participate in public application processes, even if they do so loudly, and sometimes even abusively.

So as to punctuate the court's disdain for these kinds of suits, it allowed the objector's claim for abuse of process to go forward. Abuse of process is sort of the anti-Slapp tonic that can be used to counter improper Slapp suits.

This appears to be a national trend. People have a First Amendment right to participate in local land use decisions and no one can stop them. Overall, this has to be seen by most as a good direction in which we should continue to head. So, three cheers for the First Amendment and three boos to thin-skinned land use applicants.

(for the entire RealtyTimes article click title link above)-

See Chronicle Update On Rosenberg Apartment Fight (click this title link for full story)--

We would like to congratulate Mr. Swartz for his efforts and former LCISD superintendant Ives and encourage private ownership for affordable housing options in FB county.--CRD

OP/ED: Johnson Development Corporation of Houston Drops SLAPP-suit Against the Committee for Responsible Development (Still targeting family)-

Johnson Development Corporation of Houston, mega-developers of Riverstone, Sienna Plantation, Silver Lake and many other master-planned communities (Larry Johnson, President) dropped part of their lawsuit against the committee of homeowners who protested against up to 2700 apartments being brought to this community by them (but continues to target another Sienna family).

This strike case tactic, so common with developers involved in NIMBY (not in my back-yard) protests, tracks back to early last year when 40-50 residents, representing 7 area HOAs and thousands of independent homeowners, organized and merged several petition drives garnering over 1100+ signatures and presented them, along with a city ethics complaint violations against Mayor Allen Owen of Missouri City, for accepting nearly 60% of his campaign contributions over the previous 5 year period from Houston mega-development companies doing business in this area and not recusing himself when voting on the controversial apartment plan. These actions, by the banker/mayor Owen, lead to his being challenged in the ’06 mayoral race for the first time in over a decade by Greyling Poats of Missouri City with many of these issues playing as central themes in the election.

A little over a week following the local media coverage of the July ’05 city council session, Johnson Development Co. (JDC) and their senior vice president Doug Goff, filed what legal experts call SLAPP-suits (Strategic lawsuits against public participation). These are suits meant to target and silence critiques of unpopular development projects and cripple them financially (Canen & Pring, 1996).

This case has thus far resulted in the deposition of many area homeowners and spun off another protest against the strike suit itself as it enters its second year. The senior vice president, Goff, was also deposed in late May after 3 attempts to schedule it through the courts. Last Thursday the JDC lawyers of Howry LLP, a large Houston litigation law firm pushing this case since spring of last year, suddenly dropped the committee from the lawsuit. This turned out to be a sigh of relief for many Sienna area residents whom had been involved with the petition drive and a small victory of sorts.

Of course with this good news comes the intensification and focus of the case on the remaining targets/defendants in the suit. JDC still faces a counter-suit from the remaining targets/defendants claiming Fraud, Trade Deception, Harassment and Negligence for their actions leading up to the SLAPP-suit.

For background on this case visit:

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.fortbendnow.com/news/645/texas-supremes-side-with-siennajohnson-deny-bid-to-seal-deposition

http://www.fortbendnow.com/news/719/activist-slaps-back-in-countersuit-against-sienna-plantation-developer

and for a topper: http://www.fortbendstar.com/Archives/2005_3q/070605/n_Tree%20huggers%20vs.%20developers%20in%20Mo%20City.htm

See latest court filings:

03-JUL-2006
03:45 PM PROCESS RETURNED MCCLURE, MARY
Entry: SUBPOENA ISSUED: 06-29-06 SUBPOENA SERVED: 06-29-06 NOT ISSUED BY DISTRICT CLERK

20-JUL-2006
12:04 PM MOTION FILED SIENNA/JOHNSON DEVELOPMENT LP,
Entry: PLAINTIFF'S NOTICE OF PARTIAL NONSUIT WITHOUT PREJUDICE WITH CERTIFICATE OF SERVICE

25-JUL-2006
01:40 PM DISM BY PLTF/NON FINAL GOFF, DOUGLAS
Entry: ORDER ON PLAINTIFF'S NOTICE OF PARTIAL NONSUIT WITHOUT PREJUDICE A PAGE AS TO THE COMMITTEE FOR RESPONSIBLE DEVELOPMENT ONLY

(the July 20th and 25th filing frees the CRD homeowners group from the SLAPP-suit)

We will update this as the need warrants. STAY INFORMED AND KEEP IN TOUCH!

Are the Sienna Plantation Levees Enough To Stop Flooding (as they were advertised)? See this Chronicle Piece-

A recent interview by the Chronicle's Dan Feldstein looks at the changing face of the Sienna Plantation levees given new data and requirements. The specific question is will they stop the flood they were advertised to stop in this community. Read more at http://www.chron.com/disp/story.mpl/nb/fortbend/news/4066717.html.


. . .Wrong to expect bailout
On that point he and Larson agreed, but Larson said it was unfair to simply expect a bailout from other taxpayers. That's why he prefers levees high enough to thwart any flood or low enough to trigger an insurance requirement.

The greatest flooding since most of Fort Bend's levees have been built occurred from Christmas 1991 to New Year's Day 1992, said Hebert, who once ran a company that operates and maintains many of the county's levees.

That event was an estimated 35-year flood, he said, and it barely lapped at the foot of the levees.

Meanwhile, the county is waiting for the results of the LIDAR study. If the flood plain has risen, millions of dollars might need to be spent to put new clay on top of the levees.

Economically, it's hard to argue with the levees, Goff said. Sienna Plantation's levee cost perhaps $12 million, and the assessed value of the property behind it has jumped to $1 billion.

"When you invest in levees like we do, you never stop asking questions as to are they tall enough, wide enough, well maintained enough, etc." Hebert said. "If you continue to do that, they'll do their job." . . .(read the entire article by clicking the title link above).


******
Comment--Do you trust a county commissioner's word that accepts campaign contributions from many of the developers and organizations involved in the levee business and still keeps a consulting relationship with one of the companies contracting in this work? Why aren't LID boards elected, rather than appointed by the commissioner's court? Stay tuned for more!

FBISD Has Reassigned Middle School Principals at Two Over-crowded East Fort Bend County Schools Over Violence (QVMS & LOMS) in '06 Alone.

FBISD Has Reassigned Middle School Principals at Two Over-crowded East Fort Bend County Schools Over Violence (QVMS & LOMS) in '06 Alone. Will This Happen At BBMS After Build Out?--

From SOS: After Complaints Of Violence At
QVMS, Principal Is Reassigned

Quail Valley Middle School, criticized by more than 100 residents at recent school board meetings over incidents of violence and discipline problems, will get a new principal.

Dr. Alfred Ray, Fort Bend Independent School District associate superintendent of campus achievement, has posted a letter on the school’s web site saying Quail Valley Middle School Principal Bruce Drennan has been reassigned. . .(get the rest of the story at FBN, SOS or talk about it here on MCC).


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Comment- SCE is between 800-900 elem. students (is this optimal for children this age grouping?). Is bigger really better when it comes to kids?

-Do get involved with this discussion visit http://save-our-schools.blogspot.com/

HOBB.org: Help Reform the Developer/Building Trades in Texas (click on this title link for more)--

A recent report by the Texas Comptroller condemns TRCC as a building protection agency in need of reform. "Texas Watch" a consumer lobby team is one of few organizations along with THAG, the THA and AHRC working for homeowner/consumer rights in a state that often over-looks this population. Send a letter through the link above today to help!

-Also let them know you oppose TUPCA legislation that would strip further homeowner rights by the CAI and their lawyers and lobby group!


Stay informed and keep in touch!

More On Strategic Lawsuits Against Public Participation (Most often used by developers)--click title link for the full story!

Here is an article from a blog which better explains SLAPP-suits and why/how they are used. More than half of all states in the U.S. have legislation on the books to stop these type of frivilous lawsuits:

Thursday, -- 2006

LEGAL UPDATE: MOTION TO DISMISS SLAPP LAWSUIT #2
I have received numerous emails from people who wanted more information or clarification on my motion to dismissed the lawsuit filed by Blois Olson.

Because Blois Olson has done nothing to resolve the lawsuit in over 90 days, I believe Blois Olson filed this lawsuit to intimidate and silence me. This is called a SLAPP lawsuit.

SLAPP is an acronym for "Strategic Lawsuit Against Public Participation." SLAPPs are lawsuits aimed at silencing a plaintiff's opponents. The purpose of the SLAPP is not to win, but to intimidate the SLAPP defendant and to chill petition and/or free speech rights.

One court has explained the characteristics of SLAPP suits as follows: SLAPP suits are brought to obtain an economic advantage over the defendant, not to vindicate a legally cognizable right of the plaintiff. Indeed, one of the common characteristics of a SLAPP suit is its lack of merit. But lack of merit is not of concern to the plaintiff because the plaintiff does not expect to succeed in the lawsuit; only to tie up the defendants' resources for a sufficient length of time to accomplish plaintiff's underlying objective. . . . (for the rest of this story click the title link above).


from http://www.minnesotademocratsexposed.com/2006/03/legal-update-motion-to-dismiss-slapp_30.html

________________

Comment: The SLAPP-suit of Johnson development against Sienna homeowners enters its first year this August. Typically these cases can run 3-13 years when not settled early (according to the SLAPP research). Classic SLAPPs involve a target (defendent), smears, are very expensive to the target, environmental, chill the community and the goal is usually not to win but to inflict financial harm on the opponent in order to silence them from current or future public activity. . . stay tuned for more as we update this story! Attempts to stop this type of litigation in Texas has failed on several levels. Land developers use them most often according to Canen & Pring (1996).

Local Homeowner Protests Rocketing Property Appraisals!!! (click title link to get the full Chronicle article)

From the Chronicle: Rodrigo Carreon, former FBISD school board candidate in '06, is appealing a 67% appraisal increase on his property in Fresno. Carreon has been a local community activist for years here in the Mo-City-Fresno area and has spoken out on issues of growth, taxes and schools. He joins 20,000+ others, including this author, in filing a record number of appeals this year.

_______________

Question: As the exponential growth in this area of FB county increases, how will this "anything goes approach" to development impact our property taxes (given the fact that there is no cap on appraisal) over the long-term?

-Is this sustainable for most families and homeowners who live here?

-What about promises for tax relief from Allen Owen, mayor of Mo-City, if we just keep growing the retail?

-How will high density housing options (like the excessive multi-family planned for the area) impact this mix?



Stay informed and keep in touch!

Sienna Plantation Master MUD 1 Issues Drinking Water Warning!

Check out this interesting piece from the American Homeowners Resource Center--

This piece showed up recently on the AHRC million+ hit website (affiliate of the Texas Homeowners Association) and takes a critical look at the largest HOA management lobby/special interest groups approach towards their customers (homeowners). I've heard of consumer contempt, but this piece beats it all. Just to think we have members of this mgmt lobby managing our Sienna HOA (SPRAI) here with a ULI affiliated developer controlled board (what a combo).


Stay informed and keep in touch!

Visit the Consumer Watch School Site for FBISD: SOS (Click on title link here)!

Get the latest on board meetings, PTO theft charges, Operation School Supplies, etc. from the independent district news source. Click the title link above to stay informed and make up your own mind on the issues impacting you, your home and family!

From FortBendTalk.com: If You Own A Home Then Oppose TUPCA (Contact your local representative)—

(click title link above for FBT piece)

If You're A Homeowner in Texas You Will Want To Vote Against This Bill!!!
Jul 2006 - 02:52 PM

This independence day remember that democracy starts at home, literally! Did you know that the Texas Uniform Planned Community Act (TUPCA), created by special interest attorneys and industry lobbyist (CAI, etc.), has made its way to our state legislature and that if it passes homeowners rights to their own properties could be seriously curtailed.

Read more at the "The TUPCA Review" and contact your legislature today. Even one of the original author's, legislator David Leibowitz, is refusing to sign this anti-democratic bill which, according to some advocates and independent lawyers, violates the Texas constitution. This power grab must stop and this lobby group must be opposed!

See: http://www.thetupcareview.com/ or http://stoptexashoaforeclosures.com/

Side note: Some of the special interest lawyers who helped shape this legislation are on the all time Harris County HOA foreclosure filings list. See the list at http://pages.prodigy.net/hoadata/attyhoa.html. You can cross-check this list via Fort Bend County filings at http://courtcn.co.fort-bend.tx.us/pls/public/ck_public_qry_main.cp_main_idx .

Stay informed and keep in touch!!!

Sienna Plantation MUD 2: The only fully controlled resident MUD (in Sienna) approves new elected officers!

Get the full minutes at: http://www.spmud2.com/minutes/05-25-06.pdf

Also of interest is the bidding process going on for the phase I & II for the proposed ditch work.


MINUTES OF SPECIAL MEETING
OF
SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO. 2
May 25, 2006

The Board of Directors of Sienna Plantation Municipal Utility District No. 2 met
in special session, open to the public, on the 25th day of May, 2006, at the regular
meeting place, inside the boundaries of the District, and the roll was called of the duly
constituted officers and members of the Board, to-wit:

David Daniel President
Larry Zwang Vice President
David White Secretary
Richard Luke Assistant Vice President
Brian Machart Assistant Secretary

and all of said persons were present, except Directors Zwang and White, thus
constituting a quorum.

Also present at the meeting were the following: Mark Parsons, a resident of the
District; Chris Wilson of ECO Resources, Inc. (“ECO”); Jerry Graham of LJA
Engineering & Surveying, Inc.; Tom Ramsey and Michael Harney of Klotz & Associates,
Inc. (“Klotz”); Tim Foster of Sienna Plantation Development Co.; and Nancy Kwon of
Allen Boone Humphries Robinson LLP (“ABHR”).

APPROVE DIRECTORS’ SWORN STATEMENTS AND OATHS OF OFFICE
The Board considered approving the Sworn Statement and Oath of Office
executed by Mark Parsons in connection with his election to the Board of Directors.
Upon a motion made by Director Luke and seconded by Director Machart, the Board
voted unanimously to approve the Sworn Statement and Oath of Office executed by
Mark Parsons and authorize filing the Oath of Office with the Secretary of State. Copies
of the Sworn Statement and Oath of Office for Director Parsons are attached to these
minutes.

REORGANIZE BOARD AND ELECT OFFICERS
The Board then discussed reorganization and noted that the office of Secretary is
vacant. Upon a motion made by Director Machart and seconded by Director Luke, the
Board voted unanimously to elect Director Parsons to the office of Secretary.

AUTHORIZE FILING OF DISTRICT REGISTRATION FORM
The Board considered authorizing ABHR to prepare an updated District
Registration Form for filing with the Texas Commission on Environmental Quality.
Director Machart moved that the Board authorize ABHR to prepare and file the District
Registration Form as stated. Director Luke seconded the motion, which passed by
unanimous vote. A copy of the District Registration Form is attached.

REVIEW BIDS, AND AWARD CONTRACT FOR STEEP BANK VILLAGE DITCH
PROJECT, PHASE I
Mr. Ramsey reported that no bids were received for the rehabilitation
construction of the Steep Bank Village Ditch Project, Phase I. Director Machart moved
to authorize Klotz to re-advertise for bids for the rehabilitation construction of the Steep
Bank Village Ditch Project, Phase I. Director Parsons seconded the motion, which
passed unanimously.

DISCUSS SCOPE OF STEEP BANK VILLAGE DITCH PROJECT, PHASE II, AND
AUTHORIZE APPROPRIATE ACTION, INCLUDING ADVERTISEMENT FOR
BIDS
The Board concurred to table action on this item, pending receipt of bids for the
rehabilitation construction of Steep Bank Village Ditch Project, Phase I.

DISCUSS GARBAGE COLLECTION SERVICES AND AUTHORIZE
APPROPRIATE ACTION, INCLUDING AUTHORIZE TERMINATION OF
CONTRACT, IF APPROPRIATE
Ms. Kwon reported that ABHR has met with representatives from Allied Waste
to discuss customer service matters. The Board concurred to continue to monitor the
quality of garbage collection services in the District and to reevaluate the District’s
contract with Allied Waste at a future meeting. . . (download the entire file from the link listed above)

Does the FBISD School System Provide Adequate PTO funding Security Checks? See this FBSun Story--

From FBSun (click title link above for the full story):

PTO official faces theft charge

By: DIANE TEZENO, Staff Writer 07/03/2006


A Missouri City woman faces indictment for allegedly stealing more than $20,000 from the Lexington Creek Elementary PTO fund.

Fort Bend ISD police investigated the case involving 49-year-old Paula Bottensek, the school's PTO treasurer, in connection with missing funds.

Fort Bend ISD police were notified by Executive Principal Jan McDonald that bank records showed Bottensek wrote herself a cashier's check from the school's PTO account at Wells Fargo Bank and deposited the money in her personal bank account.
A letter informing parents of the incident read, "Our former PTO treasurer withdrew $20,375.36 from the Lexington Creek PTO bank account and made a payment on a personal loan. As soon as this information was discovered, the Fort Bend ISD police were immediately contacted, and all PTO financial records were turned over to the police for an investigation." . . .

. . .Fort Bend ISD police completed their investigation and at press time the case was under investigation by the Fort Bend County District Attorney's Office.

District Attorney John Healey said he was confident "the matter would be resolved promptly," but did not say if the grand jury considered the case in its most recent meeting on June 26.



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Comment: Shouldn't PTO funds be secured district wide with some sort of over-site?

***HAPPY 4TH OF JULY EVERYONE!!!***

Celebrate the birth of democracy in North America today (and help keep it alive in your community, click on the title link above and oppose TUPCA in Texas. Contact us here for more at responsible_dvlpmnt@yahoo.com or contact the THAG yahoo group)!

Visit FortBendTalk.com To Discuss County & Area Issues (Click on this title link)-

Visit FortBendTalk.com to keep up with local issues in East FB county. From the creator of SiennaTalk.com and MissouriCityTalk.com!



Stay informed and keep in touch.