HOMEOWNERS/VOTERS/TAXPAYERS VICTORIOUS in Airport Expansion/Road Diversion Project vs. Special Interests!!! (An exclusive from FBNow.com & Bob Dunn)

Click title link above for the full story.

County Pulls The Plug On Plans To Divert McKeever Road
by Bob Dunn, Feb 28, 03:51 pm

Fort Bend County Commissioners Court put the brakes on a controversial plan to divert Arcola’s McKeever Road – also known as the South Post Oak extension project.

After an executive session on Tuesday, commissioners and County Judge Bob Hebert voted unanimously to reject the realignment of McKeever Road “as proposed by Houston Southwest Airport.”

The unexpected move means several residents of Newpoint Estates – who’d been led to believe their property would be condemned for right-of-way in the road diversion project – can breathe easier.

“Their property essentially will be intact permanently,” Hebert said. “This county judge will oppose any taking of their land.”

Hebert released a letter to Jamie Griffith, president of the airport, in which he said the county “has determined that any extension of South Post Oak Boulevard, from State Highway 6 to McKeever Road, is premature at this time because no justifiable right-of-way alignment exists…”

Hebert cited intentions by Arcola City Council to retain McKeever as a city street along the proposed diversion to Highway 6; the fact that the proposed right-of-way would take more than 4 acres from four Newpoint Estate lots; and the fact that McKeever Road already existed before the airport owners built their runway.

“And that runway was knowingly built in close proximity to McKeeever Road’s right-of-way. Therefore, Houston Southwest Airport must correct any conflicts existing between its runway and McKeever Road under FAA regulations,” Hebert’s letter states.

”...If you desire to offer right-of-way for South Post Oak Boulevard in the future, we advise you that your runway needs to be adjusted to remove any FAA clearance conflicts with McKeever Road and any proposed extension of South Post Oak Boulevard,” Hebert’s letter states. Any new offer of right-of-way for a new McKeever/South Post Oak alignment “must remain wholly within property that you own, or be accompanied by documentation of the acceptance of the alignment by any other property owners losing property…”

Thus, the county is leaving the door open to realign McKeever in the future, but under restrictions that don’t include condemning private property.

The proposed realignment has drawn fire from a vocal group of Arcola residents, in part because plans originally called for diverting McKeever Road north of a drainage canal running parallel to Houston Southwest Airport property. To accomplish that, the county – or the city of Arcola – would have to acquire or condemn about 100 feet of land from four private parcels in the Newpoint Estates residential community.

Hebert said Griffith isn’t likely to be surprised by the court’s action to dump that plan, because he met with Griffith on Monday to go over the details of what the court was contemplating.

“He accepted it,” Hebert said of Griffith. “He’s not a happy camper, but he’s accepted the reality of it.”

Hebert said the county intends to rebuild McKeever, keeping it as a two-lane road on its current alignment, and adding improved shoulders on each side to improve safety.

“We’re going to have to tear it up and rebuild it,” he said. “It will be a new county road.” He estimated the work will cost about $1.5 million.

He said with the improved McKeever Road, a new road called Steep Bank Trace also will be built, which will provide access to an undeveloped portion of Sienna Plantation property.

Hebert called rebuilding McKeever a temporary solution, because added traffic eventually will require a new plan.

“In the next five or six years, we’ll have to do something,” he said. “But it ain’t going to that alignment.”

____________________
Comment: A word of caution on this project. It has been our experience that this plan never really goes away. It only fades from the spotlight to be revisited by those vested interests still pushing it. Keep an eye on it over time and you will see the pattern of behavior.--Thanks Again Tom Hilton and Citizens for Better Government at http://www.citizensforbettergovt.org/ .

Developer-backed Mayor Allen Owen of Missouri City Lead the Charge for Incumbent Endorsements--why?

Fort Bend Sun Covers Endorsement Controversy:

As reported in the February 28th Fort Bend Sun article an interesting piece rears its head on the move by the Fort Bend County Mayor & Council Association, lead by heavily developer-backed Mayor of Missouri City Allen Owen, to mostly endorse the status quo candidates. The big name getter in this attempt by Owen and this group is of course Mr. Delay's endorsement. This action has received much public criticism over this first time move as featured in this weeks FB Sun and in the FBNow.com online newspaper. Even many of the county commissioners who circulate the same campaign special interest supporters as Owen and Delay announced disapproval in the article by the FB Sun.

Questions generated by this tactic:

-Are such high handed moves by a relatively small group of special interest (many of them Houston based) really needed?

-Does this further complicate the voting picture for local voters wondering who to support?

-Why did Owen-Delay-etc. feel this desperate act so necessary?

-Aren't some in this group also backing the fight against a local grass-roots movement in New Territory and others in the area that may impact the '06 elections? (see Thode-Delay articles in FortBendNow.com and related comments)

-Were the republican party elites behind this move?

-Can elected officials really make impartial decisions for the voter when they are accepting contributions from the very corporate members that would benefit from some of these projects in our county? (see Apartments and Airport controversy articles in much of the local media)


__________________


Comment: Get out and vote this year, but be sure you know who you are voting for. Check the list many of the incumbents post in the local papers. It is the same list usually of campaign contributors. Then check on the ones that are repeated and see which companies they work for (this is the hard part). Next check the voting record of these candidates on local controversial issues and you will have a pretty good idea if they are really representing the voters and taxpayers or their special interest. Many of the incumbents/candidates endorsed by the Fort Bend County Mayor & Council Association accept contributions from Houston based company executives who are cashing in on projects in this county (many, many land developers and investors are on these lists along with associated businesses). Recently in the local media you saw the controversy generated by some of these politicians over HB914. This is a new election law intended to protect the voting public by improved disclosure of contributions and gifts to candidates and their families. The problem is pervasive and need to be put in check by you the voter. Look for alternative candidates this election season and VOTE! High turn out is the enemy of special interests!





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

FBISD Meeting Update (from FBNow.com)

Plan To Ease LOMS Overcrowding Doesn't Fly With Parents
by Bob Dunn, Feb 28, 12:49 am

Fort Bend Independent School District administrators unveiled a “temporary plan” to reduce overcrowding at Lake Olympia Middle School by moving Burton Elementary’s 5th grade class to Baines Middle School.

Read Monday night at a packed FBISD Board of Trustees meeting by Acting Superintendent Manuela Pedraza, the plan caught many in the room by surprise. That included Board Trustee Cynthia Knox, who said the report Pedraza read differed from the version provided to board members in preparation for the meeting.

The plan also provoked a hostile reaction from several of the 21 parents who signed up to speak to the board about overcrowding and related issues at LOMS.

A month ago, nine people complained to the board about overcrowding, which Pedraza said prompted the administration to come up with its temporary plan.

Beginning in the 2006-07 school year, about 160 Burton Elementary 5th graders would attend the new Billy Baines Middle School instead of LOMS, according to the plan Pedraza outlined. The Burton students would spend their entire three-year middle school stint at Baines.

According to the plan, “if one of these Burton students has a sibling who will be an 8th grader at LOMS, then that student must complete his/her 8th grade career at LOMS. If one of the students has a sibling who will be in a different middle school grade, then the family may apply for an IDT (interdistrict transfer) to Baines, but there is no guarantee that the sibling would be able to attend.”

“In the future,” Pedraza read from the report, “the district will be studying possible zoning adjustments throughout the district, including the middle schools, to provide for a more long-term solution to better balance the enrollment at all campuses.”

“So are you saying we’re changing the interdistrict transfer policy?” Knox asked.

“We are not changing the policy… This is a unique administrative action,” Pedraza replied, “to address the problems at LOMS.”

The board took no action on the plan, however. Board President Lisa Rickert noted the plan had not been included as an agenda item, and the board’s legal counsel advised tabling it until it can be placed on the agenda at next week’s meeting.

Initial reaction from the public was less than enthusiastic.

“What impact will this have on the students of this one class?” asked resident Donald Groves. “It appears this solution is a loose band-aid at best.”

“You’re using a class of students as a solution to a problem that should be solved” by conducting a rezoning of area middle schools, said Ellen Hughes, adding that she believes the district could complete a rezoning before the school year ends in May.

“I’m here to state that the school board can and must do better for our children,” said a woman identifying herself as president of the Burton Elementary PTO. “Examine your consciences and be fair. Do not place a band-aid on a gaping wound.”

Several residents asked the board to conduct a rezoning to even out the number of students at area middle schools.

Last month, district figures showed LOMS had 1,717 students, but parents Monday night said the school now has 1,726 or 1728. Records received from the district indicate the school has capacity for only 1,371 students.

“Not every student has their own locker,” one parent told board members. “There are not enough. Not every student has their own textbook. There are not enough.”

Overcrowding has spawned other issues, too. said Parent Jenny Haines, “The test scores are dismal.”

Enrollment projections by the district show LOMS opening the 2006-07 school year with 1,264 students – presumably based on the assumption that the 500 Burton 5th graders would attend new Billy Baines Middle School.

Those same enrollment projections show Baines opening at 65% capacity, with just 864 students.

________

Comment: Are these figures current or based on the old numbers and do they include the 2700 apt. projection numbers?

McKeever Rd./Airport Expansion Update (from FBNow.com)-

McKeever Road Diversion Project Could Be Resolved Tuesday
by Bob Dunn, Feb 27, 12:50 pm

A controversial project to divert McKeever Road in Arcola – known as the South Post Oak extension project – may be resolved Tuesday by the Fort Bend County Commissioners Court.

The project has drawn vocal opposition from some Arcola residents who believe it’s being undertaken to help Houston Southwest Airport expand at the expense of several Newpoint Estates residents who would lose some of their property as right-of-way for the roadway relocation.

Fort Bend County Judge Bob Hebert said in December he’s trying to find a way to divert McKeever but take as little land as possible from Newpoint Estates property owners.

Hebert met a few days ago with Newpoint Estates residents, at their invitation, and said Monday the meeting “went very well.” He said he’s not at liberty to talk about the road project now, because commissioners court is scheduled to discuss it in an executive session at the end of Tuesday’s regular 1 p.m. meeting.

During that discussion, it’s likely Precinct 3 Commissioner Andy Meyers may express his own opposition to the McKeever Road diversion.

In a recent interview, Meyers said that, based on traffic congestion and traffic safety data, improving McKeever Road “shouldn’t even be on the radar screen.”

McKeever Road carries only 200 cars a day, Meyers said, and after improvements, studies show traffic may gradually increase to 600 cars a day. But meanwhile, other roads in serious need of improvement are carrying anywhere from 6,000 to 12,000 vehicles per day.

“Not only congestion, but traffic accidents,” Meyers said. “We’ve had some serious accidents and fatalities. I don’t want that to continue or increase.”

Houston Southwest Airport owner Jamie Griffith has agreed 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 if the county will spend what has been estimated at $4 million for the roadway diversion.

Commissioners court members sought and received an interlocal agreement from Arcola City Council stating, in part, that the city would be responsible for acquiring right-of-way property for the project.

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

But Meyers said he looks at it as an issue of finding the best places to spend county highway funds to achieve the greatest “quality-of-life” return on the money.

He named Harlem Road, Greenbush, a portion of Dulles Avenue and a portion of Kirkwood as four roads with a “tremendous amount” of traffic and subject to accidents.

“I’ve got other more important places to put $4 million,” Meyers said. “The issue is, we should put our money on a road that makes a difference, and putting money into McKeever Road won’t make a difference.”


Comment: Does this mean the airport expansion will be haulted???

Here's One From Susan D. (She's Across the Aisle but Writes Some Funny Pieces)-

Preface--This is from www.brazosriver.com. The same website that posts elected officials campaign contributions. This piece is a reflection about the ongoing battle between Eric Thode (part of the local Delay machine) and a local repub grass-roots group in NT. BTW we support any grass-roots group repub or demo that oppose the "D" machine!


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February 24 - Local Update:   Look, I know about local petty political squabbles.  I don’t need anyone telling me about petty local political squabbles.  I live in Richmond.  Hell, we have active political bickering here that goes back to the Jaybird- Woodpecker wars.  We’ve got people here fighting over things that even their grandparents don’t know how got started.  We’ve got folks buried here who had tacky things about their political opponents carved in their gravestones just so they could have the last say.   But, 2006 goes down as a banner year in petty politics in this county.
          And, I'll be a nakkid hen on a fence post before I let Republicans draw me into their petty local political squabbles.  I know where I'm going so I can get out of this handbasket right now!
          I used to consider myself an independent.  But local Republicans made me a total Democrat.  Hey, I admit the local Democratic party has its share of nutcases, but the local Republicans have their and someone else's share, too.  I mean, they can't even get all their petty little politicians to stand still long enough to be counted, they got so many.  Republicans made me a straight ticket Democrat and they'll do the same to you pretty soon.
          If you're here to see if I really wrote most of that stuff in an email circulating about the hypocrisy of local GOP Republican Party Chairman Eric Thode and written about in the Coaster Fort Herald Bend Coaster Texas Strayhorn Cougar Melencamp newspaper, you bet your sweet patootie I did.  I'll have to look up the actual date I wrote it, but I know it was before October of last year.  However, I did not give it to, or in any way approve of it being used by Liz Mitton or the Renamed with Less Fame newspaper. It has been posted on my website for months right here. 
          As if I wasn't mad enough to spit brimstone already, Fred Hartman at the Herald Bend Coaster Texas newspaper used my research to do an interview with Thode, wrote about it, and totally forgot my name, referring to me only as an "internet blog column."  That's just rude.  That's just unprofessional. That's just oh so typical of a man.  Fred Hartman knows my name and how to get in touch with me. To make matters worse, Fred (who will hereafter be referred to as Peabody Fudgegrass, III) wasn't smart enough to ask Thode the right questions.  I hate it when people who aren't too bright don't even bother to call me and ask me what to ask.  What do they think I'm here for? 
          In May of last year, I wrote right here on this website that Republican Party Chairman Eric Thode had filed a final report with the Texas Ethics Commission in January of 2005.  That means that in January of 2005, well over a year ago, Thode knew he was moving and wasn't going to run again.  When I wrote it, Thode's answer was to lie to everybody.  He told people that he always files a final report --- pants on fire, that is a lie so large that a picture of it would weigh 5 pounds --- and then he had his little puppy Republican blogger stand on his hind legs and beg by denying it for Thode publicly. Thode knew he was moving, but lied to his own his own party members to keep the only power he has left. 
           And for the those of you who don't live in Sugar Land and think that Eric Thode was writing about me in the Republican newsletter (which goes all over Fort Bend) when he referred to someone as "a pseudo-journalist for a local Democrat-run internet site,"  he was not talking about me.  Republicans in Katy, Needville, Richmond, Rosenberg, Stafford, Pleak and anywhere but Sugar Land think he was talking about me.  I know they do; they've called me.         
          Thode's ego was so big that he spent a page and a half in the GOP newsletter to explain that he wasn't cheating the party, he was merely deceiving the members, but he didn't have the guts to say who he was talking about.  He's a wuss.  All sombrero, no cajones.  He was talking about Liz Mitton, not me.  But the majority of people who got the newsletter didn't what what the fool tarnation he was talking about.  He wasted a page and half on something that maybe, just maybe, 200 people give a big bear's butt about. 
          And then he wrote in the GOP newsletter, "From my vantage point, I will be happy leaving the lies, rumors, and innuendo dished out by people like this in the rearview mirror."  Then go.  Leave.  Ain't nobody got a leash on you, huh?  Huh?
          And then to really get all over the last nerve I've got, Thode announces that he's staying on as party chairman until May, even after Republican voters have selected a new chairman in March.  Please.  Pretty please - somebody take away his day pass to Fort Bend.  People kept telling me to let Thode leave in peace.  There appears to be a problem with that - he won't leave and he won't let anybody have any peace. 
          If he doesn't leave, I might have to get really mad at him.  But first, I'll make jokes about him telling Peabody Fudgegrass III about needing his momma to notarize his campaign report.  Good Lord.

________

Comment: Thank you Susan D. for another entertaining piece. You are right we all shouldn't take ourselves so seriously! Even in the midst of this SLAPP suit by some of the "D" support machine there is much to laugh about! BTW did I tell you we SLAPPed 'em back pretty hard (Fraud, Deceptive Trade, Harassment, Groundless Suit, etc..with more to come. Stay tuned!).

More on BBMS vs. LOMS Zoning Problems (from FortBendTalk.com)

FBISD Rezoning: Baines Middle School & LOMS
Admin Feb 24, 2006 - 10:33 AM
This was passed along to me.

==================================
Some of you may not be aware that as a result of tremendous communication from parents of Lake Olympia students, the FBISD board may be readdressing the zoning to Baines Middle School for this upcoming year.

The enclosed letter from Cyndi Hernandez, Sienna Crossing PTO President explains the situation. She sent this to the members of the board.

If you have an opinion on this matter, we encourage you to communicate with the FBISD board and the interim-Superintendent. Apparently they have heard from very few members of our community on this topic.

There is also a Board Meeting this Monday, February 27th at 7 PM at the FBISD building across from the mall. It is very likely that the subject of rezoning will be addressed. You are welcome to attend.
=============================================
==============
Sent: Tuesday, February 14, 2006 8:11 AM
Subject: FBISD Rezoning: Baines Middle School & LOMS

Dear Members of the Board and Superintendent Pedraza,

It is my understanding that the issue of zoning for Lake Olympia Middle School is again being raised. While I can understand the frustration that many Lake Olympia parents are feeling due to overcrowding, I must respectfully state that a 'knee-jerk' or immediate response is not what is needed here. What I hope that you will all consider is a much broader, long-term solution that will best suit all individuals throughout the district: parents, students, and administrators.

I was a participant on the ABC Committee that helped to determine the current zone, and I must tell you it was a difficult task; but it was one that we attempted to complete in the fairest manner possible, contrary to what you may have heard. With the numbers provided at the time -- approximately 1600 students, and capacity figures for Baines at 1200 and Lake Olympia near 1400 -- the proposed boundaries suggested opening enrol lment counts at/or near 75-80% for both schools,with virtually equal socio-economic numbers (31% & 33%). Of course, we now know that capacity figures for Baines will be closer to Lake Olympia (1329 vs. 1371). However, this does not mean that the boundaries should be changed rashly.

As a Sienna resident, I have been painted with a broad brush ranging from the devil incarnate (yes, I have heard the term to my face) to a person who does not understand the issues. I promise you, this is not the case. I am however, an individual who does not believe that the overcrowding at Lake Olympia can be solved by moving "a bunch of kids over to Baines." In fact, the only way to correctly resolve the problem is to reassess growth projections for our entire area, review the entire Fort Bend zone boundaries of nea rby middle schools (I can count 4 that are currently under capacity) as well as Baines, and move forward with an early bond referendum for another middle school in this high growth area. All of this may take a bit of time.

I ask that you recognize that the quote recently stated by a LOMS parent that Baines would open with only 700 students is incorrect. Even by the original ABC zone plan, that number is wrong. Current estimates project that Baines will open near 830+ students. I suspect this is a conservative projection. Sienna Crossing and Scanlan Oaks are both beyond capacity and will continue to be so, even with the exits of 5th and 6th grade classes. In addition, the current number of 6th grade students from Burton and Goodman (that are currently zoned for Baines) is higher than was originally estimated in late 2004.

Please also consider the following information when discussing any zone change in the immediate future: the metro study which was ultimately a key decision piece indicated that the entire zone area for Baines would reach 715+ single family homes during 2005. Sienna Plantation, on its own, surpassed this figure by over 75 homes. As a matter of fact, Sienna Plantation has outpaced its own sales projections by 25+% each year over the last two years. Conservatively, Sienna Plantation estimates that they will sell over 800 single family homes in 2006. While the northern neighborhood of Anderson Springs, in the front section of Sienna is rapidly growing (and is the only one visible from parts of Highway 6), so are the back sections of Shipman's Landing and Water's Lake, both which can not be seen without driving deep into Sienna. In addition, another new neighborhood, The Forest, in immediate proximity of Baines is rapidly building with homes scheduled to open before the end of April. These neighborhoods reflect a number of price point ranges, not just starter homes, and will likely yield even more middle school age students. In addition, two new neighborhoods are rapidly going up within the vicinity of Sienna-- one just north of Newpoint Estates along Highway 6 and one on 521 towards Sienna Point. Both are zoned to Baines and both are designed as high-density, single family homes.

I thank you for your time in considering the points I have enclosed. Zoning is difficult on everyone involved, most especially the students and their families. I only ask that you make the right decision for the entire district and our growing area, not just for one school.

Sincerely,

Cyndi H.

____________________

Comments posted to FBTalk.com on this thus far:

This was passed along to me.

==================================
Some of you may not be aware that as a result of tremendous communication from parents of Lake Olympia students, the FBISD board may be readdressing the zoning to Baines Middle School for this upcoming year.

The enclosed letter from Cyndi Hernandez, Sienna Crossing PTO President explains the situation. She sent this to the members of the board.

If you have an opinion on this matter, we encourage you to communicate with the FBISD board and the interim-Superintendent. Apparently they have heard from very few members of our community on this topic.

There is also a Board Meeting this Monday, February 27th at 7 PM at the FBISD building across from the mall. It is very likely that the subject of rezoning will be addressed. You are welcome to attend.
=============================================
==============
Sent: Tuesday, February 14, 2006 8:11 AM
Subject: FBISD Rezoning: Baines Middle School & LOMS

Dear Members of the Board and Superintendent Pedraza,

It is my understanding that the issue of zoning for Lake Olympia Middle School is again being raised. While I can understand the frustration that many Lake Olympia parents are feeling due to overcrowding, I must respectfully state that a 'knee-jerk' or immediate response is not what is needed here. What I hope that you will all consider is a much broader, long-term solution that will best suit all individuals throughout the district: parents, students, and administrators.

I was a participant on the ABC Committee that helped to determine the current zone, and I must tell you it was a difficult task; but it was one that we attempted to complete in the fairest manner possible, contrary to what you may have heard. With the numbers provided at the time -- approximately 1600 students, and capacity figures for Baines at 1200 and Lake Olympia near 1400 -- the proposed boundaries suggested opening enrol lment counts at/or near 75-80% for both schools,with virtually equal socio-economic numbers (31% & 33%). Of course, we now know that capacity figures for Baines will be closer to Lake Olympia (1329 vs. 1371). However, this does not mean that the boundaries should be changed rashly.

As a Sienna resident, I have been painted with a broad brush ranging from the devil incarnate (yes, I have heard the term to my face) to a person who does not understand the issues. I promise you, this is not the case. I am however, an individual who does not believe that the overcrowding at Lake Olympia can be solved by moving "a bunch of kids over to Baines." In fact, the only way to correctly resolve the problem is to reassess growth projections for our entire area, review the entire Fort Bend zone boundaries of nea rby middle schools (I can count 4 that are currently under capacity) as well as Baines, and move forward with an early bond referendum for another middle school in this high growth area. All of this may take a bit of time.

I ask that you recognize that the quote recently stated by a LOMS parent that Baines would open with only 700 students is incorrect. Even by the original ABC zone plan, that number is wrong. Current estimates project that Baines will open near 830+ students. I suspect this is a conservative projection. Sienna Crossing and Scanlan Oaks are both beyond capacity and will continue to be so, even with the exits of 5th and 6th grade classes. In addition, the current number of 6th grade students from Burton and Goodman (that are currently zoned for Baines) is higher than was originally estimated in late 2004.

Please also consider the following information when discussing any zone change in the immediate future: the metro study which was ultimately a key decision piece indicated that the entire zone area for Baines would reach 715+ single family homes during 2005. Sienna Plantation, on its own, surpassed this figure by over 75 homes. As a matter of fact, Sienna Plantation has outpaced its own sales projections by 25+% each year over the last two years. Conservatively, Sienna Plantation estimates that they will sell over 800 single family homes in 2006. While the northern neighborhood of Anderson Springs, in the front section of Sienna is rapidly growing (and is the only one visible from parts of Highway 6), so are the back sections of Shipman's Landing and Water's Lake, both which can not be seen without driving deep into Sienna. In addition, another new neighborhood, The Forest, in immediate proximity of Baines is rapidly building with homes scheduled to open before the end of April. These neighborhoods reflect a number of price point ranges, not just starter homes, and will likely yield even more middle school age students. In addition, two new neighborhoods are rapidly going up within the vicinity of Sienna-- one just north of Newpoint Estates along Highway 6 and one on 521 towards Sienna Point. Both are zoned to Baines and both are designed as high-density, single family homes.

I thank you for your time in considering the points I have enclosed. Zoning is difficult on everyone involved, most especially the students and their families. I only ask that you make the right decision for the entire district and our growing area, not just for one school.

Sincerely,

Cyndi Hernandez




InvolvedParent
Post subject: RE: Letter From Sienna Crossing PTO President Posted: Feb 24, 2006 - 01:56 PM



Joined: Feb 18, 2006
Posts: 8

Status: Offline
Cyndi, I appreciate your apprehension about future growth in Sienna, but ask you to recognize that we all have the same concerns. The number of 700 students at BBMS came from Mr. Petros in FBISD; he has recently confirmed that, even with actual growth during the school year, the number today would be 754. In contrast, the number for LOMS would be 1150+. Given that we all now have accurate capacity data, I can't understand the justification for not levelling these numbers out. A 42-seat capacity difference can't be used to justify a gap of 400 students. By the way, I haven't heard any parents asking for a 'bunch of kids' to be moved to Baines.




InvolvedParent
Post subject: RE: Letter From Sienna Crossing PTO President Posted: Feb 24, 2006 - 01:56 PM



Joined: Feb 18, 2006
Posts: 8

Status: Offline
Cyndi, I appreciate your apprehension about future growth in Sienna, but ask you to recognize that we all have the same concerns. The number of 700 students at BBMS came from Mr. Petros in FBISD; he has recently confirmed that, even with actual growth during the school year, the number today would be 754. In contrast, the number for LOMS would be 1150+. Given that we all now have accurate capacity data, I can't understand the justification for not levelling these numbers out. A 42-seat capacity difference can't be used to justify a gap of 400 students. By the way, I haven't heard any parents asking for a 'bunch of kids' to be moved to Baines.




Admin
Post subject: Re: RE: Letter From Sienna Crossing PTO President Posted: Feb 24, 2006 - 03:43 PM
Site Admin


Joined: Jan 26, 2006
Posts: 12

Status: Offline
You have learned that the number today would be 754? Where did you learn that? Mr Petros does not even have accurate growth numbers for the area.

What about in 6 1/2 months from now when the school opens? What about in 1 year when Sienna has over 900 apartments built near by.

InvolvedParent wrote:
Cyndi, I appreciate your apprehension about future growth in Sienna, but ask you to recognize that we all have the same concerns. The number of 700 students at BBMS came from Mr. Petros in FBISD; he has recently confirmed that, even with actual growth during the school year, the number today would be 754. In contrast, the number for LOMS would be 1150+. Given that we all now have accurate capacity data, I can't understand the justification for not levelling these numbers out. A 42-seat capacity difference can't be used to justify a gap of 400 students. By the way, I haven't heard any parents asking for a 'bunch of kids' to be moved to Baines.




concerned
Post subject: Posted: Feb 24, 2006 - 03:45 PM



Joined: Feb 24, 2006
Posts: 2

Status: Offline
Cyndi, I would urge you to stop listening to rumors about numbers and verify your facts with FBISD. I wouldn't call waiting over 10 years (the amount of time LOMS has been overcrowded) to address the issue as "knee-jerk". I also participated in the original ABC zoning and my thoughts on that were that the best was done with the information provided, but unfortunately, the design capacity of both schools was misreported. When you make a zoning decision based on incorrect information, the result is bound to be less than optimal. I don't see the need for everyone to make personal attacks here - this is a situation where the district must do what is right for the children...all of the children. How you can sit there and say that a 42 seat capacity difference justifys a 400 student gap? It defies all logic. As for projected growth numbers, there is currently growth on BOTH sides of Hwy. 6 (when is the last time you drove through some of the new neighborhoods on this side of the street?). I can't believe that anyone would think leaving LOMS overcrowded and opening Baines with many open seats for children who may or may not move into your area at some time in the future is doing what is right for all of the children. The parents that are asking the board to re-visit the zoning are not trying to do something "bad" to Baines, we are just trying to level out the numbers so that both schools will have a chance to succeed - surely you can't oppose that. In fact, if you were at the final ABC meetings, you know that Dr. Baitland promised to re-visit the numbers on a quarterly basis and revise the plan if the numbers didn't pan out. Well, the numbers don't pan out any way you look at them, so the issue should be revisited. I agree with you that the entire district needs rezoning, but with the requirement of the demographic study (this time from a non-biased source), this can't happen in time to give some necessary relief to LOMS. This is a community school that is in serious trouble...it is my community school that is in serious trouble and I will not sit idly by and watch it happen - I have asked the board to look at the situation. The children that attend LOMS deserve a chance to succeed just as much as the children who are set to attend Baines. As communities, we should stop fighting and unite in an effort to address the long term overcrowding that both of our middle schools are projected to experience in the short term future.




concerned
Post subject: Posted: Feb 24, 2006 - 03:46 PM



Joined: Feb 24, 2006
Posts: 2

Status: Offline
Cyndi, I would urge you to stop listening to rumors about numbers and verify your facts with FBISD. I wouldn't call waiting over 10 years (the amount of time LOMS has been overcrowded) to address the issue as "knee-jerk". I also participated in the original ABC zoning and my thoughts on that were that the best was done with the information provided, but unfortunately, the design capacity of both schools was misreported. When you make a zoning decision based on incorrect information, the result is bound to be less than optimal. I don't see the need for everyone to make personal attacks here - this is a situation where the district must do what is right for the children...all of the children. How you can sit there and say that a 42 seat capacity difference justifys a 400 student gap? It defies all logic. As for projected growth numbers, there is currently growth on BOTH sides of Hwy. 6 (when is the last time you drove through some of the new neighborhoods on this side of the street?). I can't believe that anyone would think leaving LOMS overcrowded and opening Baines with many open seats for children who may or may not move into your area at some time in the future is doing what is right for all of the children. The parents that are asking the board to re-visit the zoning are not trying to do something "bad" to Baines, we are just trying to level out the numbers so that both schools will have a chance to succeed - surely you can't oppose that. In fact, if you were at the final ABC meetings, you know that Dr. Baitland promised to re-visit the numbers on a quarterly basis and revise the plan if the numbers didn't pan out. Well, the numbers don't pan out any way you look at them, so the issue should be revisited. I agree with you that the entire district needs rezoning, but with the requirement of the demographic study (this time from a non-biased source), this can't happen in time to give some necessary relief to LOMS. This is a community school that is in serious trouble...it is my community school that is in serious trouble and I will not sit idly by and watch it happen - I have asked the board to look at the situation. The children that attend LOMS deserve a chance to succeed just as much as the children who are set to attend Baines. As communities, we should stop fighting and unite in an effort to address the long term overcrowding that both of our middle schools are projected to experience in the short term future.




InvolvedParent
Post subject: Posted: Feb 24, 2006 - 03:53 PM



Joined: Feb 18, 2006
Posts: 8

Status: Offline
Admin: No one can agree on the growth numbers, which is why we can't base zoning decisions on them! 754 is the number in place today that will attend BBMS; same for the number for LOMS. You can lump a couple hundred more kiddos on top of both numbers, but the gap stays the same. Fear of future growth is a weak argument in an area where homes are popping up on both sides of Hwy 6. I am not asking Baines to take a disproportionate share - I just want it to take a fair share. If growth explodes on either side of 6, we rezone. There's no other option until a new middle school gets built.




InvolvedParent
Post subject: Posted: Feb 24, 2006 - 03:54 PM



Joined: Feb 18, 2006
Posts: 8

Status: Offline
Admin: No one can agree on the growth numbers, which is why we can't base zoning decisions on them! 754 is the number in place today that will attend BBMS; same for the number for LOMS. You can lump a couple hundred more kiddos on top of both numbers, but the gap stays the same. Fear of future growth is a weak argument in an area where homes are popping up on both sides of Hwy 6. I am not asking Baines to take a disproportionate share - I just want it to take a fair share. If growth explodes on either side of 6, we rezone. There's no other option until a new middle school gets built.




Admin
Post subject: Posted: Feb 24, 2006 - 04:19 PM
Site Admin


Joined: Jan 26, 2006
Posts: 12

Status: Offline
Cyndi does make a point that there are schools that are under utilized. If there is an adjustment to rezoning FBISD needs to look at the whole picture and rezone all the Middle schools to balance things out.




schoolwise
Post subject: Posted: Feb 24, 2006 - 04:31 PM



Joined: Feb 24, 2006
Posts: 1

Status: Online!
Long term planning is a band-aid approach, but one that should be part of the long range goal. The big picture is school finance and more specifically how new campuses are funded. It should not be just the locals supporting and funding the schools. The mega-developers can afford to kick in and become part of the longterm solution too since they directly benefit from what is left of the districts reputation. They are a stake-holder that have gotten a free ride far to long! I also think it's important to note that Cyndi, the PTO pres., who sent this letter also works for the SJD company and does the newsletter for them. Why haven't we as residents read about this on our resident funded website (SiennaNet.com) and/or the resident funded newsletter she coordinates? Can you really wear that many hats and claim no one has spoken up. I know several non-sanctioned area websites run by concerned residents who spoke up quite some time back---long before this letter! Come on SJD lead the way and kick-in on additional schools (out of your pocket, rather than someone elses).

-My opinion!


Admin wrote:
Cyndi does make a point that there are schools that are under utilized. If there is an adjustment to rezoning FBISD needs to look at the whole picture and rezone all the Middle schools to balance things out.

Sienna/Johnson Development Law Suit Case Histories in FB County Only (click title link here)

If your interested in how often SJD/JDC is involved with law suits (since '99) involving Fort Bend county courts only then click the link above for a list with case numbers and dates.

Here is the direct link: http://courtcn.co.fort-bend.tx.us:80/pls/public/ck_public_qry_cpty.cp_personcase_details_idx?backto=P&soundex_ind=&partial_ind=&last_name=&first_name=&middle_name=&begin_date=&end_date=&case_type=&id_code=@3129

From SOS: "Warning: For GOP Politicos only"....(click this title link for more on this story)-

No comments needed here, but we would like voters to consider checking who is giving to whom and what they are supporting. For example many of the Houston special interests are funding people in this election that support their corporate agendas in our county (Allen Owen, Bob Hebert to name a few). Do these people represent local interest, homeowners, taxpayers and voters any longer? Some of the projects may be great for growth while others hurt our schools (like the apartments and the airport expansion project). Eric Thode (backed by Tom Delay) have lead this group for some time. It is now advantageous for local grass-roots republicans to take back the party. Let's start doing that one judgeship, commissioner, mayor or council member at a time.


-Even if you don't agree with the story at least read it and consider a response.




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

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

Residents Make Requests On Airport Expansion Project and Hammer Mayor Owen for Lack of Action on Apartments!

-a MissouriCityChatter.blogspot.com exclusive:

At last nights Missouri City Council open session, speaking to a near full house, several area homeowners made requests of city council to intervene on their behalf with the county and Bob Hebert to stop the S.W. Airport expansion project and road diversion that has been in the news recently and is supported by Sienna developers. This project has the potential to adversely impact some 10-15,000 area homeowners.

Citizens representing Colony Lakes, West Point, Waterbrook, Silver Ridge, Waterbrook West, Sienna Plantation, Oakwick, New Point Estates and others were in attendance at this timely session. As one resident entered the room he was greeted with the comment by one city official “I wasn’t aware there was anything important on the agenda tonight”.

This myth was soon dispelled once the open session arrived. The first area speaker, Rodrigo Carreon, asked the council to get involved in cutting down noise via the airport expansion rather than passing more silly dog noise ordinances. This seemed to get a chuckle out of one or two of the council members in attendance at the time. Carreon was followed by Paul Malone of the Waterbrook neighborhood off Sienna parkway.

As usual Paul’s eloquent delivery and gracious approach to the airport and apartment land use issues was evident. He said he had many concerns with what he’s seen in the local area with regard for “distrust of government”. Malone was referring to the December 13th flip-flop in front of abc13 news cameras he witnessed on the airport issue at Arcola city hall by Mayor Gipson and the July 2005 uninvestigated ethics complaints over the 2700 apartments forced on Sienna and Missouri City residents by Mayor Allen Owens’s #2 campaign contributor Larry Johnson of Johnson Development Co.-Houston (’99-’05).

Finally, Dr. Calvin spoke on four issues impacting his neighborhood of Sienna Plantation and surrounding communities. He lead off with a similar request that the council oppose the current airport and road diversion project because of the negative impact this may have on home values. He claimed “according to the research literature homes on average within 2 miles of either end of the fly-way are impacted by 1-2%. When this is factored to all residents living in this area and on both ends of the runway this runs into the millions of lost dollars in property value and taxes”.

Calvin also addressed the issues of the 3rd owner of South Sienna taking place (another resale in 7 months) “without our developer run HOA keeping Sienna residents informed of this action”. His concern on this issue seemed to stem from the promises made in June over no more apartments being built in the South Sienna area. This and other commitments made by the #2 owner (Regents Prop. Of California) may no longer be a condition of the new ownership (we believe a company out of Arizona has purchased the property according to city sources).

The final two issues addressed by Calvin were the uninvestigated city ethics complaints filed in July against Mayor Owen, which lead to a SLAPP suit against Calvin by the mayor's backers, and the fact that the city had taken no action to reduce or remove the 1800 phase 2 apartments as requested through a petition garnering over 1100+ area signatures last summer. These apartments are coming to North Sienna courtesy of Owen’s #2 contributor and benefactor for this land sale, Johnson Development Co.-Houston (Larry Johnson, President) and developer for Sienna Plantation and Riverstone communities here in Missouri City. He also mentioned the new attitude of the Greater Fort Bend County EDC against apartment over-development, by new president John Wiley (click title link for this interview by Mr. Kumar of the FB Sun).

For more on this and other South hwy 6/Sienna area updates. . . stay tuned here to MissouriCityChatter.blogspot.com.


Stay informed and keep in touch!

Visit A New County-wide Discussion Board Run by the Creator of SiennaTalk.com Matthew Feinberg at FortBendTalk.com (click on this link)

Track Local City & County News at FortBendNow.com (click this link)-

Over-crowding at LOMS increases the numbers at BBMS (Sienna) before opening (how will the 2700 apts. impact these numbers over the next few years?)

From FBNow.com: Olympia Middle School Principal Pulled After PTA Clash
by Liz Mitton, Feb 16, 06:26 pm

In the midst of mounting parent concerns about overcrowding and increasing discipline issues at Lake Olympia Middle School, Fort Bend Independent School District officials have announced the abrupt departure of the school’s principal.

On Tuesday, parents received a letter from Associate Superintendent of Campus Achievement Dr. Alfred Ray that stated in part, “… we want to make you aware that effective today, Dr. LaRoyce Sublett is on leave due to situations unrelated to recent events at LOMS.” Sublett could not be reached for comment.

Initially, district officials would not disclose the reason for Sublett’s removal as principal. District spokeswoman Mary Ann Simpson confirmed he’d been placed on leave, but declined to provide details.

However, sources close to the situation say Sublett recently attempted to disband the school’s Parent Teacher Association chapter – calling the national association to determine if that was possible. He subsequently attempted to prevent district officials from learning of his action, which resulted in his removal, those sources say.

Fort Bend ISD Acting Superintendent Manuela Pedraza said contacting the national PTA organization and then covering it up “would have been the last straw,” but would not, by itself, cause the district to put Sublett on leave. There was a series of things that resulted in the move, she said.

Pedraza said at this point, Dr. Ray believed it would be best if he step in, assume the role of principal at the school, and assess the situation.

Sublett was named principal at the Lake Olympia campus at the beginning of this school year. He previously served as principal of Glover Elementary. Discipline and safety concerns seemed to mount over the months. Recently, the school made headlines when a student was shot at school by another student with a BB gun.

Parents of Lake Olympia students repeatedly have petitioned the FBISD Board of Trustees for relief from the school’s overcrowded conditions. Currently, the school houses more than 1,700 students – nearly 350 students over capacity.

Also, it is one of five campuses in the district that has not shown “Adequate Yearly Progress” under the federal No Child Left Behind Act.

In response to parent concerns, the district recently added two hall monitors at the school.

Nearby Billy Baines Middle School, currently under construction in Sienna Plantation, is set to open this Fall. The school was built to relieve Lake Olympia overcrowding as well as accommodate continued growth in the area.

Baines MS is projected to open with 864 students, according to district officials, which would leave almost 1300 students at Lake Olympia. Parents have asked the district to look at amending the attendance zones for the new schools to even out those numbers.

More on Fraud, Harassment, Deceptive Trade Law Suit Against Sienna Plantation Developers (from the Fort Bend Herald)

THE LATEST From the Herald: Sienna Plantation resident sues developer that sued him for libel

By Stephen Palkot


A Sienna Plantation resident who has been sued for disparaging statements about a local developer is fighting back with a suit of his own.

Chris Calvin, who in late 2005 was sued by the Sienna/Johnson Development Co. for statements made on several websites, this week filed a suit in the district courts of Fort Bend County. The suit claims the company sold him a lot under false pretenses and filed their libel suit to harass him for speaking out against them.

The first lawsuit stemmed from Calvin's participation in several websites, including Missouri City Chatter, in which he used several pseudonyms while criticizing the developer.

The lawyer who filed the lawsuit on behalf of Sienna Plantation, John Keville, has said Calvin engaged in libel by using many different pseudonyms.

"[I]t gives the false appearance that there's this large group that has concerns with the community," he said.
Calvin has characterized that first lawsuit as a SLAPP, or strategic lawsuit against public participation, designed to overwhelm him with legal fees and to hobble his activism.

Calvin, who moved into Sienna Plantation in 2002, is opposed to plans for the construction of apartment complexes within the community, which currently has about 10,000 residents. He has spoken out both online and at public comments of Missouri City City Council meetings in opposition to apartments.

While Sienna Plantation is not within Missouri City's corporate limits, it is within the city's extraterritorial jurisdiction, and the city council must approve new developments.

In Calvin's lawsuit, he states that he purchased his lot in 2002 based on certain representations by various Sienna entities.
"Those representations included, but are not limited to, the extent to which certain portions of the Community would be used for recreational purposes," the suit reads.

Since then, Sienna has "abandoned" that plan and has chosen to build multi-family housing instead, reads the suit.
The suit claims that Sienna Plantation engaged in negligence by supplying "false" information to Calvin when he purchased his lot.

Then, in December of 2005, the company "filed a groundless suit in bad faith and/or for the purpose of harassment."
Furthermore, the suit alleges the developer committed fraud when Calvin purchased his home.
"The false representations or promises were made to the Calvins for the purpose of inducing them to enter into the contract to acquire the Calvins' lot," the suit reads.

Finally, the suit alleges that the company engaged in deceptive trade practices, in violation of the Consumer Protection Act.
The suit requests that a court rule in their favor and to "award them their damages, costs of court, attorney's fees, and for such other and further relief that may be awarded at law or in equity."
In response to Calvin's lawsuit, Keville said "the basis of the claim is completely contradicted by documents he signed and testimony already given."

Keville said that before Calvin closed on the purchase of his home, he signed a document stating he understood the developer has the ability to include multifamily housing and other kinds of developments in the community.
"They had ample opportunity to look into what might or might not be built," Keville said.
The case will be tried in the 240th District Court of Judge Thomas Culver III.


Comment: No comment needed. The case will produce a great deal of information on this case that WILL be made public. The community will no longer be kept silent through SLAPP suits like this (which according to the research are used most often by developers in land use debates and violate the petition clause of the Bill of Rights).

Airport Expansion Corrections (more misinfo from Hebert?)

Arcola resident responds to county judge's memo on McKeever Road expansion, airport (From FB Sun--click link on title for full story)


I am writing this letter in response to County Judge Bob Hebert's article in your paper on Feb. 8, where he responds to queries on McKeever Road and Houston SW Airport. I believe the judge was incorrect on several key points which I feel need to be pointed out.

Before doing so however, the point needs to be made that there is one reason, and one reason only for South Post Oak to intrude into Newpoint. That reason is that the FAA has set a Control Point where no road can be situated, and McKeever presently violates that Safety Zone. Therefore, the road must be diverted around this Control Point, which South Post Oak provides by intruding into Newpoint. All of the other blathering that the judge does on the article to justify the county's action in this matter is nothing more than hog-wash.

1) Hebert: "...the airport owner's offer to donate right-of-way across his 200+ acres South of Highway 6, plus contribute $500,000 to the construction project..significantly lowers the overall cost of this mobility project for the county..."
Response: The required condemnation/purchase of 10+ acres in Newpoint, required compensation for adjoining landowners for reduced property values, required re-location of Duke Road, and inverse condemnation of Neuhaus property will cost the county significantly more than anything that Griffith is offering. The statement that the cost will be lowered is a mis-statement.

2) Hebert: "...it appears that the project was proposed by Fort Bend County which engaged LJA Engineering, Inc. in January 2001 to investigate and design a realignment of McKeever".
Response: The realignment of McKeever was not initiated by Fort Bend County, but rather by the owner of Houston SW Airport Jamie Griffith. This fact is illustrated in a letter from Griffith to then Fort Bend County Judge Adolphus dated April 19, 2000 (8 months prior to January 2001) in which he states; "An integral part of the future development of Houston SW Airport is the expansion of the airport north across McKeever Road and the Briscoe Canal. In order for this to happen, McKeever Road needs to be diverted up to Highway 6 where it will tie into South Post Oak. To facilitate the inclusion of this project in the upcoming (Mobility Bond) election, I will commit to dedicating the right-of-way to the county and to funding 50 percent of the road's construction cost between Highway 6 and the old McKeever Road. Upon completion of the new McKeever Road/South Post Oak, the old McKeever Road right-of-way would be deeded to the airport owner."

3) Hebert: "My personal goal is to keep the new alignment wholly within the existing right-of-way and the restricted canal easement and I believe it can be done."
Response: The people who own the property in question have paid, and continue to pay property taxes on the land extending all the way to McKeever Road. This property includes a 200 ft. wide GCWA canal easement. The judge is hinting that if he is capable of building South Post Oak "wholly within the restricted canal easement" then he is not harming the property owners. This is an incorrect statement. The judge admits that this canal easement is restricted - presumably for canal-related business...not road construction. And because the proposed use by the county exceeds the scope of the easement, the county would have to pay the landowners for the land included inside the easement. Although the landowners cannot build inside the restricted easement, the easement is fulfilling the important purpose of providing a buffer zone from other development (including road construction).

4) Hebert: "I expect the airport owner to cooperate with us in devising a route for the new South Post Oak that will enhance the safety of his current airport operation while minimizing the taking of property in Newpoint Estates".
Response: What needs to happen, since the airport is currently out of compliance with FAA safety regulations (runway was built too close to McKeever in the first place), is that the County should insist that McKeever Road be taken out of harm's way by requiring the airport owner to remove 950 ft. from the west end of the runway. The health and safety of Fort Bend County residents using McKeever Road should be foremost in the county's cocnern here. Mr. Griffith has ample room (211 acres) in which to build South Post Oak to McKeever, and if the county interferes here to confiscate properties in Newpoint, then this is nothing more than eminent domain abuse disguised as a mobility issue. This will accomplish "the enhancement of the safety of his current airport operation while minimizing the taking of property in Newpoint Estates", as it will bring the airport into compliance with FAA safety guidelines while not requiring condemnation of any Newpoint properties at all.
5) Hebert: "If there is a secret plan, no one has let me in on the secret. In fact, I have rejected two previous requests from the airport owner to purchase the airport with federal money and convert it to public ownership. The second (rejection) occurred when the airport owner turned to the county with a request that the county acquire the airport."

Resposne: Mr. Griffith sent a letter on August 8, 2000 to Bob Hebert along with other leaders of the Greater Fort Bend County Economic Development Council; Judge Adolphus, Bob Brown, and Herb Appel detailing what needs to be done to setup the airport for acquisition by Fort Bend County. To quote Mr. Griffith: "The conclusions, I believe are that; 1) Houston SW Airport needs a sponsor front and center (Fort Bend County) to lead the conversion to public ownership project. And 2) To get funding for the called-for studies (The $500,000 appropriated by Tom DeLay for the sham called the Airport Feasibility Study) this year, I believe the appropriate officials should immediately contact Dave Fulton, indicate their desires, and demand some cooperation."

Judge Hebert and the GFCEDC have been instrumental (and still are as evidenced by the judge's actions today) in pushing the airport expansion project forward. The fact is that the county declined acquisition of this airport only because the city of Arcola forced them to decline acquisition. The judge is trying to take credit where none is due here.
The county needs to do the right thing here by; 1) Not getting involved in eminent domain abuse to obviously benefit a private developer, and 2) Demand that this airport be brought into compliance with FAA safety regulations by removing 950 ft. from the west end of the runway. The possible expansion of this runway by 950 ft. eastward does not make any sense as the airport currently cannot meet FAA safety regulations - bringing in more and larger jets is only going to exacerbate this safety problem.

Thomas J. Hilton
Arcola


Comments from area residents in FB Sun-online:

No more airport expansion-
Dear Editor,
Please convey the interests of Colony Lakes, Sienna and all the other homeowners out here that do not want more jet traffic over our homes. We are talking about hundreds of millions in lost property value, not just a few dollars here or there. If the county judge won't listen and is trying to rush this through the Arcola council before the May elections we won't forget Bob!
Do the right thing and listen to those that put you in the seat. Improve McKeever Rd. as is to hwy 521, not as another exit to hwy 6 which won't help in emergencies. No more favors!
Nomoreairportexpansion, MissouriCity, TX

Added: Wednesday February 08, 2006 at 02:03 PM EST

unimportant sienna resident
Of course I didn't hear the jets during Katrina and Rita. I got out of town like most of the other sienna residents. If they didn't bother you during Katrian and Rita then they wouldn't bother in the future if expansion occurs is a rediculous statement.
Anson Garcia, missouri city
Added: Tuesday February 07, 2006 at 12:11 PM EST

Hebert's Response...
Hebert's comment are far from actual truth:
http://www.eltoroairport.org/issues/impacts.html
http://www.eltoroairport.org/issues/rbell.htm
http://www.eltoroairport.org/issues/AirportNoise.pdf
http://www.braac.org/Impact_on_land_values.pdf
http://www.eltoroairport.org/issues/taxloss.html
http://landuse.aers.psu.edu/study/BerksExecutiveSummary.htm
This are just a very, very small sampling of a simple Google search for research on Airports and their impact on residential areas. Some actual $ figures and some what you would need to invest in to reduce airport noise.
My personal opinion is this: HOG WASH...

Steep Bank East in Sienna Plantation is going to take the brunt of this for my area...let only those people who live of of McKeever.

The expansion is not in the best interest of Sienna... improving the quality of McKeever Road 'Yes', not airport expansion.
Oh, not disturbed by jet noise during the hurricanes? Please, I was to busy trying to get out of the area as suggested by the mayor of Houston and Governor of Texas.

Steep Bank East has a 30" industrial pipeline from DOW running through it... almost everyday a pipeline patrol place flys through here... it's a single engine plane, trust I hear and it is disturbing... now JETS?
So, let add this up... Trains, Planes and more automobile traffic.

Airport Expansion is not a MOBILITY PROJECT... MOBILITY PROJECTS are ROADS, inlets and outlets not air traffic.
I moved out here like alot of people to get away from the noise and hurried pace of Houston... enough is enough.
Hebert does not have Sienna Plantations or the residents of, best interests at heart. This change inpacts his area and ours... I urge all residents who don't airport expansion to express this to Hebert personal.
John Armstrong, Missouri City, TX (S.P. Resident)

Will Sienna's Golf Course End Up Like Quail Valleys?

From FB Sun:

Comment: COULD THIS HAPPEN TO SIENNA’S GOLF COURSE IN A FEW YEARS? What happened for plans to the South Sienna Golf Course???

-Click title link above for full story-

Missouri City Planning and Zoning Commission voted 6-2 last week to send a negative recommendation to the Missouri City City Council on rezoning the par-3 golf course in Quail Valley from a community facility to a residential development.

Tezeno

An overflow crowd of Quail Valley residents were on hand last Wednesday to voice their opposition to the rezoning request.
Hugh Conser, an agent for Quail Valley Country Club, requested rezoning of 17.5 acres of land located northeast of Wells Fargo Bank on FM 1092 to a single-family residential district. This would allow proposed development of 54 homes by Ryland Homes on the site.

John Joseph, the seller and applicant, presented his case for selling the property which he described as a "non performing asset of the club and the city."

Joseph said inability to collect golf fees led to closing of the golf course in September 2003.
Subsequent attempts to generate interest in using the site for a park were unsuccessful. "We are trying to be successful in this business, and I'd rather not have to sell it, but if there were more members of the club that lived on that property, we wouldn't be here tonight."

Joseph said that a proposal was made to sell the property to the Quail Valley Fund which was rejected. When Ryland Homes expressed interest in building on the property, Joseph jumped on the offer because of the homebuilder's reputation, financial stability and professionalism.

Ryland prepared a site plan including 54 homes with possible plans for an amenity lake.
Brian Williams, a representative with Ryland Homes,said the proposed homes will range from 1,800 to 3,000 sq. ft and start at $170,000.

According to Williams, the average resale value of existing homes in the immediate vicinity of the Par 3 course ranges from $150,000 to $160,000. Construction on the project is targeted for 2007.
Joseph believed that the proposed site plan was the "best use of the property" based on its location in an established golf-oriented community, the site's ability to lend itself to the building of 54 homes, and the location of the property directly across from a development owned by Beazer Homes that proved successful.
The Quail Valley residents did not agree with Joseph's assessment.
Among them, Stephanie Richards, who served as spokesperson for Thunderbird West homeowner's association. Richards said that of the 419 homes in the area, a good number back up on the golf course. "Those homeowners were required to pay a $2,000 to $3,000 premium for their lots," she said. "

When the golf course is removed from behind these 52 homes their property values will decline, and the depreciation will also impact the rest of the homes in the area." She also expressed concerns that a traffic study had not been conducted by the applicant; and that residents would be impacted by significant traffic congestion with the development of additional residential homes in the area. Richards also expressed concerns about flooding that might occur as a result of new construction.

Reginald Ingram, another resident of Quail Valley, lives in one of the homes that backs up to the Par 3 course. Ingram believes that if the property is rezoned, the executive golf course will be next, and then the 18-hole courses. "Progress does not always mean more buildings," said Ingram. "Progress can mean maintaining and improving the existing green space we do have. Unfortunately we don't have a good corporate neighbor that is proposing to sell off the property in the area and eliminate more green space." Ingram requested the commissioners to reject the zoning request.
Issues voiced by the majority of residents at the hearing pertained to concerns over declining property values, increased traffic, increased potential for flooding, loss of quality of life and loss of green space in the area.
Don Johnson, a retired teacher, and vice president of Thunderbird West HOA, pointed to the recent sale of the fitness and tennis center, in addition to the Oak Point property, and said that the proposed sale of 17.5 acres would be the third such sale. "And number four is coming some where down the line," said Johnson.
Prior to a final vote, Commissioner Ron Lee said that the commission is responsible for considering the technical aspects of the zoning request and determining if everything has been submitted properly, and if so, then the commissioner's hands are tied. Lee said that he lives on the tenth hole of the La Quinta Golf Course, and he personally would not want someone to come in and close his view, but reiterated to the audience that the commission's position was to weigh things from a technical aspect.

Lee's remarks were countered by Commissioner Bruce Bodson who said the commission was "bound by the rules, but not hamstrung."

A majority of commissioners voted (6 to 2) against rezoning of the property, with Lee and Commissioner Hugh Brightwell voting to approve the rezoning request. When contacted for comment, Lee said he voted in favor of rezoning because he believed that it would improve the area. Commissioner John O'Malley, one of six commissioners voting against the rezoning, spoke strongly against rezoning during the hearing. "If you start judging things based on its economic benefit you could easily make the argument that you couldn't maintain the executive (golf course)," said O'Malley. When Joseph indicated that the commissioner's real concern was the potential impact on his own personal property, O'Malley, responded, "If I'm trying to protect the executive course or even the course I live on, I need to have the same passion about protecting the people on the Par 3 course." Joseph's assurances that there are no more plans to rezone any other properties in the area, were met with groans of disbelief by the residents in attendance. . .

Sienna/Johnson Development Sued for Fraud, Deceptive Trade & Harassment!!!--Just In!!!

From FortBendNow.com:

Activist Slaps Back In Countersuit Against Sienna Plantation Developer
by Bob Dunn, Feb 13, 11:03 am

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 states in the claim that he and his wife bought a lot in Sienna Plantation in November of 2002, in part based on “certain representations” that included “the extent to which certain portions of the community would be used for recreational purposes. In fact, one or more of the Sienna entities have now abandoned the plan for certain recreational areas and has designated such sites for other purposes, including construction of multi-family dwellings.”

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.”

Sienna/Johnson and Goff filed suit against Calvin and an associated organization, the Committee for Responsible Development, in December, accusing him of defamation, business disparagement, public nuisance and “tortuous interference with prospective contract.”

The suit also seeks a permanent injunction to prevent Calvin and his organization “from making any statements under any pseudonyms” regarding the developers or their affiliates.

Calvin has characterized Sienna/Johnson’s actions as typical of a SLAPP suit strategy – a legal tactic in which a business entity tries to blunt criticism by burdening opponents with the cost of a legal defense.

Sienna/Johnson attorney John Keville, however, has said the developer tried to settle its dispute with Calvin without filing suit. It’s main complaint was that he had been making comments on web forums under several different aliases. So many, Keville said, that Calvin made it appear a large number of people supported his critical views of Sienna/Johnson, when that wasn’t really the case.

Calvin has said he believes what he posted on web sites “is protected free speech and we do have the right to disagree publicly (anonymously or not) with public figures. They don’t have to like what we are saying. I’m, however, not responsible for any unintended consequences regarding their corporate interests or profits as a result of this public debate and poor public relations management.”

In his counterclaim, Calvin says Johnson/Sienna filed their suit against him”in bad faith and/or for the purpose of harassment.” He therefore seeks unspecified sanctions against the defendants, and attorneys’ fees and costs.

Prior to the lawsuit, Sienna/Johnson filed a petition in district court seeking to depose Calvin and Matthew Feinberg, operator of the web sites on which Calvin posted. The depositions proceeded, despite protestation and legal appeals by Feinberg’s attorneys, which included representatives of the American Civil Liberties Union of Texas.

Late last month, the Texas Supreme Court denied a petition by Feinberg seeking to have his deposition sealed to protect the identities of his web posters.

“The question Mr. Feinberg wishes to raise is whether he can be required to disclose the identity of anonymous web site users in a pre-suit deposition,” Sienna/Johnson noted in its response to Feinberg’s Supreme Court petition. “That question is moot because Mr. Feinberg appeared at his deposition and answered questions (and revealed only that he did not know any such identities).”

The high court apparently agreed.

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

Try the new county-wide discussion forum FortBendTalk.com run by SiennaTalk.com designer Matthew Feinberg

For all your interactive online local news visit FortBendNow.com

More on Road Diversion/Airport Expansion for Sienna + Colony Lakes Area!

From FortbendNow.com:

McKeever Road Expansion Doesn't Pass Smell Test
When you take into account the nearly completed expansion of the Sugar Land Regional Airport, the Southwest Houston Airport expansion is not only unnecessary, it is a complete waste of money and resources. Sugar Land Regional Airport is already an alternative airport for Hobby and Bush.

According to Google Maps, the two airports are a distance of 15.9 miles (29 minutes) apart. That includes cutting through Sienna Plantation to get there!

Tom Hilton has done a great job of gathering evidence:

Judge Hebert was quoted in the 12/28/05 Fort Bend Star: “the plan would divert McKeever Road to South Post Oak – providing critical relief for the overly congested roadways for people living in Sienna Plantation as well as overall relief for motorists who use those roadways.”

Fort Bend County has Harlem Road, which has had wrecks involving fatalities, yet McKeever Road Is a “higher priority”project according to Judge Hebert.

He must have attended some different math courses than the rest us. McKeever Road has a current traffic level of about 200 cars per day projected to reach 600. Harlem Road, on the other hand, has 10,400 cars per day with a projected load of 29,400. Harlem Road has had fatalities and McKeever has not.

Draw your own conclusions but it is evident to me that lives, safety and facts are not relevant to the court or special interests that contribute to the coffers of Judge Hebert.

Again we have a perfect example of “Actions speak louder than words.”

Still the questions remain:

Why does this airport require expansion when Sugar Land has nearly completed their expansion?

Where is the benefit to the community?

How is the cost of such a project justified?

Why is the taxpayer to be burdened with the expense of the project for Jamie Griffith’s personal and private business?

Why aren’t real questions being answered?

Who can be held accountable?

How can they be held accountable?

When will they be held accountable?

Perhaps the family of the next victims of a Harlem Road motor vehicle accident should file suit against the Commissioners Court, Bob Hebert and Jamie Griffith for gross negligence and dereliction of duty?

These people are using the power they have, unjustly and for no other purpose than personal gain. They should be ashamed.

Prescott Small
Stafford

______________

Comment: To obtain the information on traffic rates please visit http://www.citizensforbettergovt.org/EDA.doc


See also the staged article which showed up in the FBSun and the response by yet another Sienna resident impacted by increased jet traffic over our homes here (for more area homeowner responses visit http://www.fortbendnow.com/opinion/664/2003-plans-to-expand-airport-in-arcola-secretly-moving-forward. It must also be noted that Mr. Hebert receives campaign contributions from this developer along with many other area politicians including our own mayor Allen Owen of Missouri City (who has remained silent on this issue that will negatively impact home and property values in this area of Mo-City).

Hebert responds to queries on McKeever Road, airport in Arcola

Fort Bend County Judge Bob Hebert has responded to questions raised by Sienna Plantation Residential Association regarding the Houston Southwest Airport in Arcola and the proposed realignment of McKeever Road with South Post Oak Blvd.
In a letter sent to Sandy Denton, general manager of Sienna Plantation Residential Association, last week Hebert says "The responses to your questions come from this county judge, and may not necessarily represent the views of our county commissioners. My staff has relied on official minutes of Commissioner's Court, calculations provided by the county engineer and records of the Houston Southwest Airport for the numerical data provided herein, but the opinions and conclusions are mine alone. They reflect my understanding of this mobility project at this time. "
The contents of the letter are reproduced below.

Will McKeever Road be improved and/or realigned? If so, why and how?
Yes, The county plans to extend South Post Oak southward from Highway 6, tie it into the existing McKeever and reconstruct McKeever westward as an improved two-lane road with shoulders to its intersection with Sienna Parkway. McKeever Road will remain a city street in Arcola from Highway 6 to its new intersection with the South Post Oak Boulevard extension.
The County realized that McKeever Road would cease to be a major thoroughfare when the overpass spanning Highway 6 at FM 521 was completed and began planning an alternate route to Highway 6 in the year 2000. That Highway 6 overpass now severely restricts traffic from easily and safely gaining access to Highway 6 during peak traffic periods. As Fort Bend grows South of McKeever a North-South thoroughfare from McKeever is needed to give residents an alternate hi-capacity route for access to Highway 6. Chimney Rock was originally planned to tie Highway 6 into McKeever, but that alignment was abandoned at the request of Newpoint Estate property owners as it would have bisected that community. The completion of South Post Oak Boulevard on the North side of Highway 6 coupled with the airport owner's offer to donate right-of-way across his 200+ acres South of Highway 6, plus contribute $500,000 to the construction project and to allow the city of Arcola to annex acreage along both sides of the new street significantly lowers the overall cost of this mobility project for the county and adds significant value for the city of Arcola. Completion of this project will allow traffic along the new South Post Oak/McKeever routing to access Highway 6 through a traffic controlled intersection. Future construction of the proposed Steep Bank Trace Boulevard as Sienna grows eastward will make the new South Post Oak Boulevard extension an even more important mobility asset for Sienna area residents in the future.

Why is the project being proposed? Who benefits? Who is negatively impacted?
Although I was not in office at the time, it appears that the project was proposed by Fort Bend County which engaged LJA Engineering, Inc. in January 2001 to investigate and design a realignment of McKeever.

When complete the project will benefit the present and future residents of Sienna and other areas South of McKeever in Fort Bend County; it should benefit the existing airport owner by improving airport safety and significantly increasing the value of the 200+ acres he owns through which the South Post Oak extension will pass (over and above the value of the right of way and cash contribution he has agreed to contribute to the project); and development in the annexed areas along the new South Post Oak extension should provide jobs and increased property and sales tax revenues for the city of Arcola and its taxpayers.

The current schematic alignment of the South Post Oak extension would require the acquisition of land off the back of four large acreage lots at the southern end of Newpoint Estates and that alignment would have a potentially negative impact to those four lot owners, but efforts are underway to adjust the proposed alignment to keep the roadway within the already restricted GCWA canal easement and avoid taking premium property off those lots. Under state law any purchase of right-of-way required will be made at fair market value plus any damages incurred. My personal goal is to keep the new alignment wholly within the existing right-of-way and the restricted canal easement and I believe it can be done.
How long will road traffic be impacted while the construction is done?

During the construction of the South Post Oak extension the existing McKeever Road should not be impacted as this will be a "green field" project. Once the tie-in is made to the existing McKeever there will be intermittent delays while the McKeever Road intersection with South Post Oak is constructed, and then as McKeever is resurfaced and improved with shoulders to Sienna Parkway. Work will be scheduled to minimize traffic flow interruptions and advance information will be available on the county's mobile AM radio system to keep area drivers informed as to construction areas and possible delays.
Will the runway be expanded, re-oriented, etc.?

Houston Southwest Airport is a privately owned airport operated under FAA certification as a public aviation facility. While the county has no authority to tell a private business what they may or may not do, the county is also under no obligation to use tax dollars to promote the expansion of any private business. The airport predates Newpoint Estates and Sienna by several years and its existence is protected under federal aviation rules and regulations. However, McKeever Road predates the airport, and I believe that the county is not obligated to alleviate safety conflicts incurred when the airport owner knowingly constructed the runway in close proximity to McKeever. While the county has no control over what the airport owner may do on his own property, I expect the airport owner to cooperate with us in devising a route for the new South Post Oak that will enhance the safety of his current airport operation while minimizing the taking of property in Newpoint Estates. A resolution that meets those conditions would necessarily preclude any expansion of the existing runway to the West.
Will it allow for more and or larger jet aircraft?

The Houston Southwest Airport in Arcola is an FAA designated "reliever" airport. As such it currently services a wide variety of jet aircraft. Its current runway is 5003 feet, and the airport today can safely accommodate most corporate jets. Based on the previous acquisition study performed for the County under the FAA grant, a runway expansion of less than 1000' may be feasible to the East but is limited by the railroad tracks at FM 521. No directional realignment of the runway is feasible due to potential conflicts with approaches to other area airports and other FAA safety standards. A copy of that airport study is available through the County library.

Will there be increased noise in Sienna?
Houston Southwest Airport records reflect that the airport currently experiences jet landings every other day. However, during Hurricanes Katrina and Rita, Houston Southwest Airport records reflect a tremendous increase in jet traffic as corporate and medical evacuations placed a load on all Houston area airports. On September 21-22 the airport experienced a peak volume of a jet landing or taking off every 15-20 minutes throughout the day. If you were not disturbed by the increased jet volume during the time of Hurricanes Katrina and Rita, you should not be disturbed if the airport increases daily jet traffic. The volume during that hurricane period far exceeded the volume anticipated by any Houston area reliever airport during routine daily operations.

Will the risk of car/plane or plane/house accidents in Sienna increase?
The alignment solution I seek should reduce the risk when the South Post Oak/McKeever Road project is completed. Additionally, by recently applying for and accepting FAA safety grants, the airport owner has committed to making improvements to the instrument approaches, runway lighting and structural clearances that should significantly enhance the safety of operations at this airport.

How will Sienna residents be specifically impacted?
Once South Post Oak Boulevard is extended and McKeever Road is resurfaced, Sienna residents will have an additional route along McKeever onto South Post Oak to State Highway 6. Sienna Plantation's developer is required to build the proposed Steep Bank Trace Boulevard through to connect with McKeever/South Post Oak to allow traffic from the East side of Sienna to access Highway 6 without having to move westward through the development to Sienna Parkway; thereby further reducing peak-period traffic along Sienna Parkway and improving traffic patterns throughout Sienna Plantation as that areas growth continues. The developer estimates that construction of this phase of Steep Bank Trace Boulevard should begin in late 2006 or early 2007.

Could this affect my property value?
Mobility projects historically have a positive impact on property values. The improved mobility offered by the South Post Oak extension from Highway 6 should help minimize traffic congestion along Sienna Parkway as the area South of McKeever expands.

Will these improvements bring more vehicular traffic to the area? If so, how will this be mitigated?
Given the growth projected for Sienna Plantation, the opposite seems actually true. The new South Post Oak extension will improve access to Sienna Plantation from Highway 6 as Sienna grows. Sienna will provide more vehicular traffic as it develops and the new road will help alleviate potential congestion from that development and offer residents a fast and safe alternate route to Highway 6, FM 521 and Highway 288.
When would these changes take place.

The city of Arcola has passed a resolution in support of the realignment of McKeever Road and the extension of South Post Oak. Once the necessary interlocal agreements have been negotiated, commissioner's court will consider funding the project for construction. While any negotiation is subject to unforeseen delays, the County would like to begin acquiring any necessary right of way by April 1. If that date is met, actual construction could begin by August of this year.
Is this project part of a secret plan between the county and the airport owner to allow the airport to expand its operations?
Not to my knowledge. If there is a secret plan, no one has let me in on the secret. In fact, I have rejected two previous requests from the airport owner to purchase the airport with federal money and convert it to public ownership.
The first occurred when the airport owner sought to have the city of Arcola acquire the airport using FAA funds for the purchase price. Acting then as the court appointed receiver for the city, I rejected that request. The second occurred following the first rejection when the airport owner turned to the county with a request that the county acquire the airport.
Shortly after I took office as county judge, and following a detailed FAA funded study of a possible acquisition, all four county commissioners joined with me to unanimously reject that request. With that rejection the ownership and operation of the airport remains in private hands and any future improvements to that facility would be planned and performed by the private owner on his property subject to review and approval (and possible funding) by the FAA.

Hebert's Response...
Hebert's comment are far from actual truth:
http://www.eltoroairport.org/issues/impacts.html
http://www.eltoroairport.org/issues/rbell.htm
http://www.eltoroairport.org/issues/AirportNoise.pdf
http://www.braac.org/Impact_on_land_values.pdf
http://www.eltoroairport.org/issues/taxloss.html
http://landuse.aers.psu.edu/study/BerksExecutiveSummary.htm

This are just a very, very small sampling of a simple Google search for research on Airports and their impact on residential areas. Some actual $ figures and some what you would need to invest in to reduce airport noise.
My personal opinion is this: HOG WASH...
Steep Bank East in Sienna Plantation is going to take the brunt of this for my area...let only those people who live of of McKeever.

The expansion is not in the best interest of Sienna... improving the quality of McKeever Road 'Yes', not airport expansion.
Oh, not disturbed by jet noise during the hurricanes? Please, I was to busy trying to get out of the area as suggested by the mayor of Houston and Governor of Texas.

Steep Bank East has a 30" industrial pipeline from DOW running through it... almost everyday a pipeline patrol place flys through here... it's a single engine plane, trust I hear and it is disturbing... now JETS?
So, let add this up... Trains, Planes and more automobile traffic.

Airport Expansion is not a MOBILITY PROJECT... MOBILITY PROJECTS are ROADS, inlets and outlets not air traffic.
I moved out here like alot of people to get away from the noise and hurried pace of Houston... enough is enough.
Hebert does not have Sienna Plantations or the residents of, best interests at heart. This change inpacts his area and ours... I urge all residents who don't airport expansion to express this to Hebert personal.

John Armstrong,
Sienna Plantation Resident
Missouri City, TX

What Does the Literature Say on the Impact of Airports on Quality of Life (and home values)?--A Non-exhaustive review. . .

Check the second article out for actual dollar impact of an airport on home values and then ask yourself if this road diversion/airport expansion going on in Arcola is in our best interests (then contact Bob Hebert and let him know how you feel about this deal at: hebertb@co.fort-bend.tx.us or phone: 281-341-8608):


Article #1: The Impact of Airports on Home Values (from http://www.eltoroairport.org/issues/impacts.html)

By Leonard Kranser, Editor Updated July 16, 1997

Mr. E.P. Benson, President of the Dover Shores Community Association, in Newport Beach, wrote to the Orange County Planning Commission on November 16, 1996, as follows: "Our community has experienced and had to endure the unpleasantness of living under the Airlines take-off flight route from John Wayne Airport ever since it opened as a Commercial Airport." Mr. Benson went on to argue for transferring that experience to the El Toro community.

There is one fact that residents near John Wayne and residents near El Toro agree upon. Homeowners are asked to "endure ... unpleasantness" when they have an airport for a neighbor. "Unpleasantness" is a euphemism for noise, air pollution, accident hazards and traffic.

The mantra of real estate professionals is "location, location, location" in the choice of a neighborhood in which to live. No one willingly chooses to buy a home with "unpleasant" neighborhood elements, under a flight path, next to a freeway, down wind from a refinery or beneath power lines, unless they are enticed by an attractive price for the property.

Real estate law requires sellers to reveal noise and other nuisance factors, including airports, in a Real Estate Transfer Disclosure Statement, prior to sale, so that prospective buyers are warned. This allows informed buyers to look elsewhere. or to lower their offers. It follows that home values will be substantially lower around an aviation reuse of El Toro than around a non-aviation use. Logic dictates that home values will be lower, around a heavily used major international airport, than around an infrequently used military base.

STUDIES MEASURE AIRPORT IMPACT

In 1994, the consulting firm of Booz-Allen & Hamilton, Inc. was commissioned by the Federal Aviation Administration to prepare a study entitled, The Effect of Airport Noise on Housing Values: A Summary Report. Clearly, the FAA was concerned about this matter. The study developed a methodology for evaluating the impact of noise on housing values, by comparing market prices in similar neighborhoods that differed only in the level of airport related noise. The study found that the effect of noise on prices was highest in moderately priced and expensive neighborhoods. For two moderately priced "paired" neighborhoods north of LAX, the study found "an average 18.6 percent higher property value in the quiet neighborhood, or 1.33 percent per dB of additional quiet."

A 1996 study, funded by a grant from the Legislature of the State of Washington, used somewhat similar methodology and found that the proposed expansion of Seattle-Tacoma Airport would cost five nearby cities $500 million in property values and $22 million in real-estate tax revenue. The study of single family homes in "very good" condition, with "three or more bedrooms and two or more baths" and "excluding the most expensive and inexpensive units to provide more representative comparisons" found that "a housing unit in the immediate vicinity of the airport would sell for 10.1 percent more-- if it were located elsewhere."

The study also concluded that, "all other things remaining equal, the value of a house and lot increases by about 3.4% for every quarter of a mile the house is farther away from being directly underneath the flight track of departing/approaching jet aircraft". Click here for the full report, available to the El Toro Airport web site from the Regional Commission on Airport Affairs, a Washington State affiliate.

In 1997, Randall Bell, MAI, Certified General Real Estate Appraiser, Licensed Real Estate Broker and instructor for the Appraisal Institute, provided the results of his own professional analysis to the Orange County Board of Supervisors. After examining 190 sales comparables over the previous six months, in communities near LAX, John Wayne airport and Ontario Airport, Mr. Bell found a diminution in value due to airports averaging 27.4 percent.

ACTION AVAILABLE TO HOMEOWNERS

Realtors have reported cases where offers were withdrawn or lowered in the El Toro vicinity as a result of airport plans. Homeowners who believe that their property already has decreased in value can request reassessment. Appeals forms can be obtained from the County Assessor, PO Box 149, Santa Ana 92702 or call (714) 834-2941. Homeowners receive postcard Notices of Assessment each spring.



Article #2 -- Staff Paper 363 (from: http://landuse.aers.psu.edu/study/BerksExecutiveSummary.htm)
June 2003

The Impact of Open Space and Potential Local Disamenities
on Residential Property Values in Berks County, Pennsylvania

Richard Ready and Charles Abdalla
Department of Agricultural Economics and Rural Sociology
The Pennsylvania State University
University Park, PA 16802

Staff Papers are circulated without formal review by the Department of Agricultural Economics and Rural Sociology. Content is the sole responsibility of the authors.

Executive Summary

This research project estimated the impact that surrounding land use and potential local disamenities have on residential property values in Berks County, Pennsylvania. An implicit house price function was estimated based on 8,090 single family houses sold between 1998 and 2002, using regression analysis. Information on surrounding land use, proximity to potential local disamenities, and structural attributes of the houses were used to explain variation in house prices.

Within 400 meters of the house, the land use that has the most positive impact on house price was open space, followed by large-lot single family residential land. Commercial, small-lot single family residential, and multi-unit residential were less desirable. The least desirable land use within 400 meters of the house was industrial. Also, open space on parcels that are covered by conservation easements, including agricultural conservation easements, has a less-positive amenity impact than open space not covered by such easements. This does not necessarily mean that easements cause nearby property values to decrease. It may be that farms with agricultural conservation easements tend to be managed more intensively, which may be seen as less attractive by nearby homeowners.

Between 400 and 1600 meters away from the house, the land use with the most positive amenity impact on house price was commercial, followed closely by large-lot single family residential. Of open space uses, only land that is owned by Local, State or Federal Government and land that is covered by conservation easements have a statistically significant positive amenity value.

Several potential local disamenities were found to have a negative impact on nearby house prices. Of the potential local disamenities investigated, the impact of landfills on house price was largest, and extended the farthest (up to 3200 meters). A landfill located 800 meters from a house decreases that house’s sale price by an estimated 6.9%. The impact of a large-scale animal production facility (over 200 animal equivalent units or aeu’s) on house price was about one half to two thirds as large as that from a landfill (4.1% at 800 meters), and did not extend as far (up to 1600 meters). The impacts on house price from mushroom production and from the regional airport were much less (0.4% and 0.2%, respectively, at 800 meters). The impact from high-traffic roads was small, and extended only a short distance. No significant impact was found for sewage treatment plants.

Additional analysis attempted to investigate whether different types of animal production facilities had different impact on nearby house prices. Differences in the impact due to differences in the size of the operation (number of aeu’s) were not statistically significant. Further, medium-sized production facilities (200 to 300 aeu’s) were found to have a statistically significant negative effect on house prices when considered apart from larger facilities. Similarly, the impact did not vary significantly by species (poultry, swine, and beef/dairy). An analysis of proximity of animal production facilities and residential properties showed that the density of single family homes around animal production facilities was lower than the average for rural parts of the county. An implication is that some potential for conflicts is avoided due to the way in which these land uses are located on the land.

The total impact on surrounding house prices was calculated for a landfill, the regional airport, and an animal production facility. The average impact on the value of 3342 houses located within 3200 meters was $2442 (all values are in 2002 dollars). The total impact on all houses was $8,162,000, which is 2.6% of the assessed value of the affected properties. The average impact of the regional airport on 2256 houses located within 1600 meters of the airport runway and its flight paths was $104, and the total impact on the value of these properties was $235,000, or 0.1% of the assessed value of the affected properties. This calculation does not include 2391 properties located near the airport within the City of Reading. The average impact of a single animal production facility on 119 single family residences located within 1600 meters of the facility $1,803. The total impact on all 119 houses is $215,000, or 1.7% of the assessed value of the affected houses. These figures are intended as illustrations, and should not be considered averages for similar facilities. The impact from any given landfill, airport, or animal production facility will depend on the number of houses located near the site, and on the market value of those houses absent the facility.

The study area chosen, Berks County, was well suited to this type of analysis, in terms of data availability and the diversity and dispersed spatial pattern of land uses and agricultural production. The research method should be extended to more study areas, to see if differences in population density, demographics, or type and amount of open space and agricultural production influence the results. Until more research is conducted in more counties, care should be taken in extrapolating the results from this research to other regions.

_______________________

For more try these and then "do your own search" being aware of sites and resources that may be directly or indirectly funded by those industries. Often university and government reports are more balanced as long as no vested interest is detected by the researchers.

http://www.eltoroairport.org/issues/rbell.htm

http://www.eltoroairport.org/issues/AirportNoise.pdf

http://www.braac.org/Impact_on_land_values.pdf

http://www.eltoroairport.org/issues/taxloss.html



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