Sidewalk to Nowhere - Lumberton TX Council Illegally Targeting Businessman, Killing Tax Revenue

Investigation article by David Bellow

A city can only enforce the laws, regulations and ordinances of the city right? Not according to the Lumberton, TX City Council. Corruption in East Texas runs deep. The City of Lumberton, in Hardin County, has a record of getting into trouble for doing the wrong things, and they are about to get into trouble yet again. Don’t get me wrong, there are a couple of good council members who speak up in meetings, but they are overruled by the majority of the board. The majority on the board, led by Andy Kelley and Don Burnett, does some crazy things. See end of article for a list of recent abuses by the city including losing a million dollar lawsuit because the city stole a man’s land.

Lumberton City Council’s “Sidewalk to Nowhere” Illegally Kills Business Center that will bring Jobs and Tax Revenue

The latest crazy thing the Lumberton City Council is trying to do is kill a planned business center in Lumberton by not allowing the business center to be built unless there is a sidewalk to nowhere included in the plan. The sidewalk would literally go nowhere and not connect to ANYTHING and would NEVER be used. Yep, the city is killing a multimillion dollar project that will bring in good businesses, jobs, and tax revenue to the city. They are killing the project over a sidewalk that is NOT required by law or ordinance to be built. The city has no authority to kill this project and in the end the city will lose, again, and the residents of Lumberton will have to foot the bill. This abuse of authority reminds me of the EPA not having a legal reason to stop oil drilling in Texas so they create new endangered animals to stop oil drilling in Texas. Why the hostility from the city? I don’t know, but I do know that David Gracedel supported an outsider candidate in a recent city council election. The councilman that Gracedel did not support in the election was quick to be the first councilman to make a motion to reject a variance for Gracedel.

I first heard about this issue in an article written by Kevin King in The Examiner. The city defended itself by saying businesses in the city are required to build sidewalks.  The city’s story sounded strange because the city has never required ANYONE to build a sidewalk in Lumberton so I wondered why the city was trying to force businessman David Gracedel to build one, and I wondered if the City even had the authority to force him to build one. I wanted to know more so I did a little research and I read the entire code of ordinances for the City of Lumberton. Well, it turns out that the city rules and regulations do NOT require Mr. David Gracedel to build sidewalks. Furthermore, this sidewalk would be a sidewalk connecting to nowhere because there are not sidewalks in front of most businesses in the city. Even more troubling is the city seems to be singling out Mr. Gracedel because the city has never tried to force any business, even recent ones, to build a sidewalk.

This situation is almost a repeat of when the city approved a subdivision a few years back for Mike Hawkins. The city then they tried to come back and force the man to build another road in the subdivision. The developer got a lawyer and the city was slapped down because, well, the city cannot approve a design and then come back and try to change the design

Here are the facts about the illegal Sidewalk to Nowhere in Lumberton

·         David Gracedel applied for a commercial construction building permit to build a business center on 4 acres of land that he owns on Hwy 69 in Lumberton.

·         Gracedel’s plat and building design was submitted to the city. It was drawn by professional engineers and architects, it was in full compliance with city building regulations, it had handicap parking and sidewalks to the entrances of the business center, and the design was ADA APPROVED (Americans with Disabilities Act).

·         The city had 30 days to approve or deny the plat, otherwise the plat would be automatically approved. The city did NOT send Mr. Gracedel an approval or denial within 30 days so the plat was approved by default.

·         Well after 30 days had pased, after the plat was already automatically approved, the city contacted Gracedel and told him that the plat would not be approved because it did not include a sidewalk along Hwy 69 in front of the parking lot.

·         Gracedel pointed out that the design was in compliance with ALL city ordinances and also in compliance with all disability laws. The city cannot make you do something unless they have passed an ordinance requiring it.

·         The city countered and told Gracedel that the city was forcing him to build sidewalks under the subdivision ordinance.

·         Gracedel pointed out that the subdivision ordinance does not apply to him because he is not applying to build a subdivision nor is he applying to subdivide his property. He is only applying for a commercial construction building permit.

·         The city countered by saying that at one time the land was subdivided.

·         Gracedel pointed out that his land was subdivided over a decade ago before the subdivision ordinance was even on the books, and furthermore, the subdivision regulations only apply to someone who is applying for a new subdivision after the subdivision ordinance was passed.

·         Gracedel also pointed out that the subdivision ordinance has been on the books for several years but all the recent construction projects that the city has approved did not require sidewalks and his business was the ONLY one that the city was trying to force to build a sidewalk. Heck, the city did not even require the Lumberton school to build a sidewalk along Hwy 69 when the school just did a major construction project along Hwy 69 this year. Furthermore, his business is not near any other businesses or sidewalks. Even if he did build a sidewalk it would not connect to anything because it would dead end at a sewer lift station to the right of his property and it would dead end well before it reaches a private road to the left of his property.

·         The city said too bad, we want you to build a sidewalk. The city went further and said that even if the ordinance is not clear that sidewalks are required, the city council plans to make a new ordinance requiring sidewalks so Gracedel is forced to build a sidewalk now even before there is an ordinance requiring him to do so.

Does the City even Read their own Ordinances? Sidewalks NOT required!

First of all, Gracedel’s plat was already approved by default so the city cannot force him to change it and they cannot deny the permit. Second, I took a look at the code of ordinances for the city of Lumberton and I wonder if the members of the Lumberton City Council have ever read their own code of ordinances. It is clear that Mr. Gracedel does NOT have to build a sidewalk. The only mention in the ordinances of someone having to build a sidewalk is in the subdivision application rules, and the subdivision application rules do not apply to Gracedel.

But wait, there is more! Even if the city inaccurately tries to impose the subdivision ordinance on him, the subdivision ordinance is clear that sidewalks are ONLY required if the person applying for a subdivision is going to build a NEW road. In other words, according to the subdivision rules, only if Gracedel is building a NEW ROAD in a subdivision is he required to build a sidewalk with curbs along the new road. Mr. Gracedel’s business center will not have any new roads as customers will enter the parking lot directly from the Highway.

The City of Lumberton has been getting into lots of Trouble over Abuses of Power

Sometimes I wonder if the City Council in Lumberton, TX believes that they are above the law. They sure act like it. It seems like yesterday that I broke a story about the city losing a million dollar lawsuit after they stole a man’s land and tried to give the man nothing even close to what the land was worth. They thought they were above the law and could do what they wanted but the man had money to hire a lawyer and the city lost. They actually were able to keep the lawsuit a secret from the residents of Lumberton until I found out about it. Or how about the fact that the city council knowingly hired a man to be the city attorney and prosecutor even though the city prosecutor owed $40,000 for not paying local property taxes in over a decade. Yep, the city prosecutor would prosecute people who violate city laws even though the prosecutor himself was violating law and not paying his taxes. I broke that story as well and the city finally fired the attorney after the public found out. Even more recently, Councilmen Don Burnett and Andy Kelley saw the Political Action Committee they belong to fined by the Texas Ethics Commission after the committee illegally got a $25,000 donation from Walmart. These city councilmen then turned around and gave Walmart a variance that Walmart had wanted.

The City Gives Variances to Businesses like passing out candy in order get more Tax Revenue, so Why Kill this Multi-Million Dollar Business Center?

I just do not get it. The city of Lumberton has an ordinance that does not allow alcohol to be sold within 300 feet of a school or daycare. The city has recently allowed businesses to break the city rules and sell alcohol within 300 feet of schools and daycares. Why? Because the city says we need the tax revenue. What I do not understand is why the city is killing Gracedel’s good business project that will bring jobs and money to the city, but the same city is willing to allow other businesses to break the rules and sell alcohol by a school because the city says it will bring in more money for the city. It just does not make sense and it reeks of corruption, political games, and the good old boy system.

GUILTY! Lumberton Councilman Don Burnett's Committee FINED by Texas for ILLEGAL $25,000 from Walmart (bribe?)

Lumberton City Councilmen Don Burnett and Andy Kelley have had their political committee

fined for serious violations of the law.

I filed the complaint months ago with the State of Texas Ethics Commission. This week I got a letter in the mail from the Texas Ethics Commission. The State of Texas concluded that the councilmen's committee, Keep Dollars in Lumberton Committee, violated Texas law by accepting $25,000 from Walmart and giving it to Texas Petition Strategies. The financial transaction was illegal because it was a behind the scenes massive money exchange that was done before the committee was even formed. It is illegal for a committee to accept or expend such a large amount of money without having first formed the political action committee.

The Ethics Commission assessed a fine against the committee's treasurer, Joan Abshire, a local realtor.

You can see a copy of the State's findings that a violation of the law occurred here: http://www.ethics.state.tx.us/sworncomp/2013/3130227.pdf

Many members on the Lumberton City Council have a bad history of lies, corruption and of illegal back room deals. Most recently, a jury ruled against the City of Lumberton and ordered the city to pay an over One Million Dollar judgement. The city had been sued because they stole a man's land without giving him even close to proper compensation. They thought they could railroad him but the man got a lawyer and the city lost.

This latest finding of guilt from the Texas Ethics Commission is just the tip of the iceberg.

To make a long story short, these councilmen wanted to bring alcohol sales into the city. The people of Lumberton were not necessarily against drinking, the councilmen just wanted Lumberton to stay a safe, quiet community. To get their petition passed, they promised the city residents that no alcohol would be sold near the schools. In order to finance their petition they got Walmart to donate $25,000 even though Walmart is near a school. Walmart and the councilmen knew they they could not sell alcohol near a school so it was strange that Walmart put up that money. After the alcohol sales came to the city, Walmart immediately requested that these city council members give Walmart a variance to be able to sell alcohol by the High School. Walmart was given a variance to sell alcohol near the Lumberton High School by the same people whose political committee was given $25,000 from Walmart. A bribe? What do you think? Illegal transfer of money? Yes, according to the Texas Ethics Commission.

There is much more corruption in Lumberton that is yet to be exposed and will be exposed soon.

Oh, and if these councilmen claim they were not a part of this committee, just refresh their memory with a flyer that the committee sent out with Don Burnett's and Andy Kelly's names proudly displayed on the article as main members of the committee.

These councilmen do not like me because I stand for the people and I expose public corruption. They are always trying to say I am wrong but at the end of the day it is they who are always the ones getting in trouble with the law.

 

City of Lumberton, TX Bans Republican Women of Hardin County from Meeting in Community Center

The City of Lumberton, TX and City Manager Steve Clark have kicked out the Hardin County Republican Women's group from using the Lumberton "Pete Trest" Community Center.

The Community Center is a city public building that was built for the community to use. There is of course a rental fee that must be paid to use the building to cover building expenses and to pay for a city employee to be at the events at the community center.

For nearly every month in 2012, the Hardin County Republican Women's group paid to rent the building for their once a month meetings. Even though it is a women's group, it is the only Republican group that meets on a monthly basis in Hardin County and men are welcomed. I went to some of the meetings at the Lumberton Community Center last year.

Everything was just fine. The rent was always paid, the city never had any problems, and the meetings were getting better and better. Just a couple of years ago, most elected officials in the county (Hardin County) were Democrat. Now most elected officials in Hardin County are Republican. This Republican group has played a big role in helping grow the Republican Party in Hardin County. The Republican Women of Hardin County group is a part of the Texas Federation of Republican Women.

The County and City still have some old Democrats who do not particularly like to see their good ol boys lose elections or be forced to switch to the Republican in order to stay in office in the now Republican County. Apparently, the Lumberton City Manager, Steve Clark, does not like the progress that the Republican Women's group has made either, or at least he does not want the Republican Women's group to meet at the Community Center anymore. The question is why? I don't know whether or not the city manager is one of these old Democrats, but I do know for a fact that most of the local city officials and city manager tried to stop Governor Rick Perry from coming to Lumberton last year to endorse State Representative James White. James White won instead of Mike Hamilton (who most of the Lumberton city officials openly endorsed). Maybe they are still mad about that?

Here is what we know for sure. For nearly every month in 2012, Lumberton City Manager Steve Clark allowed the Republican Women's group to rent the Community Building. He accepted their money. He signed off to every monthly request to use the building. He never once objected to the Republican group using the facility.

Well, out of nowhere, right before the January 2013 meeting, the City Manager told the Republican Club they are no longer welcome to use the community center ever again for a once a month meeting.

I contacted the Hardin County Republican Women President, Janis Holt, and asked the reason they were banned from using the facility. Janis Holt said that the City said that there was a policy that does not allow anyone to use the community center for monthly meetings. They said that the Community Center could only be used for random parties or events and therefore the Republican Women could not use the center for scheduled once a month meetings. As a disclaimer, I want to say that Janis Holt did not ask me to write this article. She would probably actually rather me not write this article because it might stir some things up and she does not want the Republican Women's group to get hurt. I understand that and so I want to make sure to include this disclaimer that Janis Holt did not ask me to write this. I am writing this article on my own because, well, I have a habit of sticking my neck out there because I believe that shining light on the government doing wrong is a good thing to do even if I have to take some heat for it. What happened here is wrong and I personally felt that it needed to be exposed.

First of all, what kind of community center does not allow organizations to meet at the community center and pay the fee just like any other event?

Second, it seems as though this policy is bogus and was made up to kick out the Republican Club. If this was a real policy that had been in effect for years then why did the city manager allow the Republican Club to use the community center for nearly a year? Is he that incompetent? Why didn't the City Manager speak up after the second monthly meeting last year instead of waiting until several meetings and a year later? I do not think he is so incompetent that he did not know the Republican Group was meeting on a monthly basis. He knew they were and he had no problem with it. The city manager did not speak up sooner because it was not against policy for the Republican club to use the community center for monthly meetings. It only became a policy after, I can only assume, the the City Manager did not like the last election results or got tired of the Republican Women's group becoming more successful. He can't stop the group from meeting, but he can ban them form meeting in the community center.

I have been asked why I believe that this "new" policy and the city manager's actions are targeting the Republican club only and not any other clubs. Well, the answer is simple. The Hardin County Republican Women were the ONLY group using or requesting to use the community center for monthly meetings. So, if the Republican group was the only group meeting at the community center, then logically this new policy banning monthly meetings was directed at, and only affected, the Republican group monthly meetings at the community center.

The City of Lumberton, TX has some major problems. This is just one of more recent problems but it is very revealing. The City Manager kicked out the Republican club from the COMMUNITY RENT CENTER for crying out loud. A once a month meeting is just too much for the center to handle I guess. Maybe the City Manager should rename it as the non-community center.

Walmart Violated Texas Election Laws with Illegal $25,000 to Lumberton Political Committee of Realtor Joan Abshire - TEC Investigating

Wal-mart Corporation, Luan Mai (the Lumberton Walmart manager who worked to authorize this contribution), and Lumberton Realtor Joan Abshire (the person in charge of the political action committee) have violated Texas Election Laws in a MAJOR way with an ILLEGAL $25,000 money exchange, according to the facts presented in a complaint against them. The Texas Ethics Commission is investigating, and at a minimum, large fines will be assessed with a maximum of one year in prison possible for the Class A Misdemeanor.

  
This article about a Walmart campaign finance violation is just the tip of the iceberg. I will be writing more articles in the near future detailing a much bigger problem with this local Lumberton, TX Walmart to include evidence of local public corruption, and even bribery.

Facts of the Case:

On 6/11/2012, Joan Abshire (Re/Max Beaumont Lumberton Realtor) submitted documents to the City of Lumberton appointing herself as the initial campaign treasurer of the "Keep Dollars in Lumberton Committee" specific-purpose committee. (see documents below) The committee was created to promote a local issue election petition that would financially benefit Abshire’s business.

On 8-8-2012, Joan Abshire submitted the first campaign finance report for the "Keep Dollars in Lumberton Committee." This campaign finance report shows that on 5/21/2012, the committee received a $25,000 contribution from Walmart. This campaign finance report also shows that on 5/21/2012, the committee made a $25,000 expenditure to Texas Petition Strategies. (see documents below)

This $25,000 contribution was accepted and expended nearly 3 weeks BEFORE Joan Abshire was appointed as the initial campaign treasurer of the newly created "Keep Dollars in Lumberton Committee"

According to Texas Election Code, Title 15, Subchapter B, § 253.031, it is a Class A Misdemeanor for a political action committee to knowingly accept political contributions totaling more than $500 or make or authorize political expenditures totaling more than $500 at a time when a campaign treasurer appointment for the committee is not in effect. Both contribution and expenditure violations have occurred.

Walmart Corporation, Luan Mai (the local Walmart manager who worked to authorize this contribution), and Joan Abshire (the person in charge of the political action committee) have clearly violated Texas Election Laws in a MAJOR way for the high dollar money exchange before the political committee that the contribution was given to was even formed.

Since when does Walmart just make massive contributions like this without even checking to verify that the contribution was legal? Also, since when does Walmart (out of state corporation) get involved in a small town local issue like this by pumping more money into this local issue election than the total amount of all recent local election contributions combined?

The answer to those questions is actually much worse than you might think. This article about a campaign finance violation is just the tip of the iceberg. I will be writing more articles in the near future detailing a much bigger problem involving Walmart, local public corruption, and even bribery. But hey, that is East Texas politics for you. Except now, the East Texas good ol' boy network is funded by the big purse of an out of State Corporation (Walmart).

below are the documents obtained through a Texas Open Records Request that definitively prove a violation of Texas Law has occurred:

Title 15, Texas Election Code

Regulating Political Funds and Campaigns

SUBCHAPTER B. CANDIDATES, OFFICEHOLDERS, AND POLITICAL COMMITTEES

§ 253.031. Contribution and Expenditure Without Campaign Treasurer Prohibited

(a) A candidate may not knowingly accept a campaign contribution or make or authorize a campaign expenditure at a time when a campaign treasurer appointment for the candidate is not in effect.

(b) A political committee may not knowingly accept political contributions totaling more than $500 or make or authorize political expenditures totaling more than $500 at a time when a campaign treasurer appointment for the committee is not in effect.

(c) A political committee may not knowingly make or authorize a campaign contribution or campaign expenditure supporting or opposing a candidate for an office specified by Section 252.005(1) in a primary or general election unless the committee’s campaign treasurer appointment has been filed not later than the 30th day before the appropriate election day.

(d) This section does not apply to a political party’s county executive committee that accepts political contributions or makes political expenditures, except that:

(1) a county executive committee that accepts political contributions or makes political expenditures shall maintain the records required by Section 254.001; and

(2) a county executive committee that accepts political contributions or makes political expenditures that, in the aggregate, exceed $25,000 in a calendar year shall file:

(A) a campaign treasurer appointment as required by Section 252.001 not later than the 15th day after the date that amount is exceeded; and

(B) the reports required by Subchapter F, Chapter 254, including in the political committee’s first report all political contributions accepted and all political expenditures made before the effective date of the campaign treasurer appointment.

(e) This section does not apply to an out-of-state political committee unless the committee is subject to Chapter 252 under Section 251.005.

(f) A person who violates this section commits an offense. An offense under this section is a Class A misdemeanor.

Walmart in Lumberton, TX Wants to Sell Alcohol by High School – Hearing Monday 2/11/2013 6:30PM

There will be a hearing at the Lumberton City Hall in Lumberton Texas on 2/11/2013 at 6:30PM. The hearing will be to hear public comments about whether or not the city council should vote to allow Walmart to sell alcohol in Lumberton even though the Lumberton Walmart is within 300 feet, property line to property line, of the Lumberton High School.  

Welcome to Local East Texas Politics at its best. City Council Members Don Burnett and Andy Kelly promised Lumberton Residents that if alcohol sales passed there would not be any alcohol sales near our schools. Well, alcohol sales passed and who would have guessed, these City Council members who touted no alcohol sales near schools turn around and are set to vote to allow Walmart the ability to sell alcohol directly across from the Lumberton High School.

I have always been in favor of local control and people in communities getting to vote on important local issues like whether or not to allow alcohol sales within their community. When alcohol sales were passed by the voters of Lumberton in November 2012, I was completely supportive of the people getting to decide. In the past they have decided to keep alcohol sales out because they like the safe quiet city bedroom community we have, but this time they decided to have alcohol sales and voted to pass alcohol sales in the city. That is their decision so that is what Lumberton will get.

That being said, I would bet that very few people who voted for alcohol in Lumberton would approve of alcohol being sold right by the Lumberton High School. Local law prohibits alcohol sales within 300 feet, property line to property line, of a school. It doesn’t matter if the front door of the school is 800 feet to the front door of the place selling alcohol. All that matters is the 300 foot distance property line to property line. Why is property line to property line important? It is important because High School kids do not stay by the front door of the school. They walk to the edge of the property and cross roads when they get out of school, or if they decide to skip school, or after a game. They typically will also find the nearest place to congregate or hang out. When the Lumberton High School kids get out of school, the biggest most popular place for them to go is right across the street to the Walmart. This is where their friends work. This is where they wander around. This is the nearest hangout by the school.

Now do you understand why the law is 300 feet no alcohol zone property line to property line from a school and not door to door?

The TABC just busted over a dozen people selling alcohol to minors in right over in Jefferson County in 2012, including grocery stores. A couple of cities over, when Vidor passed alcohol sales a couple of years ago, within a year of alcohol sales starting, 3 different places were busted for selling alcohol to minors including a large grocery store. In the last 2 years Walmart has had nearly 2 dozen busts for selling alcohol to a minor in Texas. They act like that is a low number, but isn’t one minor getting alcohol and getting in a wreck too many? Alcohol is the LEADING killer of all youth and young people. Also, these number of busts for selling alcohol to a minor are just the ones who have been CAUGHT.

Alcohol sales at Walmart right across from the Lumberton High School will be very detrimental. It is not a matter of if, it is a matter of when. Kids will go across the street during a game or after school and get their cashier friend to sell them alcohol. The alcohol section will not be for adults only and Kids will inevitably sneak a beer into their jacket and then get out of the massive store at one of the many exits.

Why do we have local laws that do not allow alcohol sales within 300 feet property line to property line of a school if the local law is NOT enforced. What good does that law do? Also, if this variance is allowed, who gets a variance next? You cannot give Walmart a variance and not let the next guy come and build close the the high school and not grant him a variance.

Walmart is not hurting for cash. This Walmart was built and has thrived without alcohol sales and it will do no harm to Walmart to keep it from selling alcohol. On the other hand, the harm that allowing Walmart to sale alcohol close to the High School could have deadly effects. Furthermore, the city does not need Walmart to sell alcohol to help city revenues because many other places in Lumberton already sale alcohol, so if someone does not get alcohol from the Lumberton Walmart then they will still buy in Lumberton at one of the other places that sell alcohol not close to the school. The city does not lose money.

I am very disappointed that The Lumberton City Council is even considering allowing alcohol sales so close to the Lumberton High School and I hope the do the right thing choose to protect our schools over a little possible financial gain.

Early VOTE NOW Texas 2012 Local Elections (City, School Board) Early Voting April 30 - May 8 - Election Day is May 12 (Hardin County and Lumberton City and School Board Election info)

If you are looking for voting info (when where) for the 2012 TEXAS NOVEMBER GENERAL ELECTION please click here: http://www.texasconservativerepublicannews.com/2012/10/texas-2012-election-early-voting-starts.html

Texas 2012 Election Early Voting Starts October 22 Election Day November 6: Obama vs Romney, Congress, State Rep, SBOE, State Senate, US Senate, Many Other Important Races

please click here: http://www.texasconservativerepublicannews.com/2012/10/texas-2012-election-early-voting-starts.html



the following info is old info for the Texas 2012 May Election:


VOTE NOW!

The Texas Republican Primary Election is May 29th, 2012 and that election is an important one.
The Primary election is not the only election in May 2012 though.
There are also many very important local elections all across Texas in May 2012.
These local elections include issues like School Board elections, City Council and Mayoral elections, Bond elections, etc.
Early voting for these local elections has ALREADY started so VOTE NOW!
Early voting in the Texas Local Elections started yesterday April 30th, 2012 and ends May 8th, 2012

The Local Elections Day is May 12, 2012

contact your local governments to find out who is on the ballot and where to vote in your Texas city!



For cities in Hardin County TX, Like Lumberton where I live, the city, school board and bond election 2012 information (candidates and voting locations) is below:


I Support Gene Stewart for Mayor in Lumberton, TX against Don Surratt. Don Surratt has had over a decade in office and he said he was not running again. The City needs new ideas. There is something wrong when the city website does not have any info about this election like who is on the ballot and where to vote. The city, and this mayor, also recently lost a MILLION DOLLAR lawsuit because they stole land from someone without paying them fair price. It is time for a fresh face in Lumberton instead of the same good ol boys controlling everything. Lumberton election Polling Location (where to vote) is the LISD Admin Bldg at the Middle School.

Hardin County Election

Hardin County contested races

■ City of Lumberton election - Polling Location to vote is the LISD Admin Bldg at the Middle School

Mayor: Don Surratt(i) retired; Gene Stewart engineer
Position 4: Andy Kelley (I), insurance salesman; Pete Alfaro, unit supervisor

■ City of Sour Lake

Mayor: Bruce Robinson (I), 56, process technician; Shannon Trahan, 36, supervisor

Two alderman at large: Jonathon Williams (I ), 39,EMS pipeline; Shannon McDonald (I), 51, operations manager; Nina Dennis, 29, homemaker

■ Lumberton Independent School District election

Place 4: Julie Walker, 48, business owner; Wes Howard, 54, self-employed

Place 5: Margaret Cruse, 68, retired educator; Dr. Cheryl A. Nelson, 48, university supervisor; Raymond Jones, 60, retired

■ Silsbee ISD bond election

The proposition is a $40 million bond to construct a Pre-K through third-grade school, a seventh- and eighth-grade facility and convert the existing middle school to serve grades four through six. The proposition also would convert one of the elementary shcools into an alternative learning facilty.

Hardin County/uncontested elections

■ City of Kountze

Mayor: Fred Williams

Position 1: Ira Braneff

Position 2: Elaine Allums

■ City of Lumberton

Position 2: Bo Templeton (i) masonry contractor

■ City of Silsbee

At large Place 1: James Collins, 52, Silsbee High School paracoach

Position A: Sue Bard (I), 55, executive cirector

Position B: Chris Barnes (I), 42, juvenile probation officer

■ Lumberton Independent School District

Place 3: James Glenn, 50, manager of Applications engineering

■ Hardin-Jefferson ISD

Position 1: Michelle Yentzen, attorney

Position 2: Mark Aldrich, self-employed

■ Silsbee ISD

Position 3: Dana Hancock (I)

Position 4: Sam Edd Harrell (I)

Position 5: James de Garavilla (I)

Jasper County and City local election info:

CANDIDATES District 3(seat opens, Tommy Adams reaches term limit) ~ Doris David Henson (name appears on the ballot, although she has been ruled ineligible to hold office) ~ Hazel Johnson District 4(seat has been vacant since November 2011 recall of Councilman Willie Lee Land) ~ Raymond Hopson ~ Willie Lee Land (Land is running for his old seat after he was recalled in November 2011) District 5/At-Large(seat has been vacant since November 2011 recall of Councilwoman Terrya Norsworthy) ~ Terrya L. Norsworthy (Norsworthy is running for her old seat after she was recalled in November 2011) ~ Mitch McMillon ISSUES Proposition 1 ~ Shall Mike Lout be removed from the office of Mayor? If you vote YES, that means you want to REMOVE Mayor Mike Lout. If you vote NO, that means you want to KEEP Mayor Mike Lout. Proposition 2 ~ Do you want existing Type A sales tax money to be spent on TOURISM EFFORTS? If you vote YES, that means you want existing Type A sales tax money to be spent on TOURISM EFFORTS. If you vote NO, that means you don’t want existing Type A sales tax money to be spent on TOURISM EFFORTS. Proposition 3 ~ Do you want existing Type A sales tax money to be spent on PUBLIC PARKS? If you vote YES, that means you want existing Type A sales tax money to be spent on PUBLIC PARKS. If you vote NO, that means you don’t want existing Type A sales tax money to be spent on PUBLIC PARKS. Proposition 4 ~ Do you want existing Type A sales tax money to be spent on ECONOMIC DEVELOPMENT? If you vote YES, that means you want existing Type A sales tax money to be spent on ECONOMIC DEVELOPMENT. If you vote NO, that means you don’t want existing Type A sales tax money to be spent on ECONOMIC DEVELOPMENT. EARLY VOTING LOCATION Jasper City Hall ~ 465 South Main Street EARLY VOTING ~ DATES/TIMES Mon, Apr 30th ~ 8:00 a.m. To 5:00 p.m. Tue, May 1st ~ 8:00 a.m. to 5:00 p.m. Wed, May 2nd ~ 8:00 a.m. to 5:00 p.m. Thu, May 3rd ~ 8:00 a.m. to 5:00 p.m. Fri, May 4th ~ 8:00 a.m. to 5:00 p.m. Sat, May 5th ~ 8:00 a.m. to 12:00 noon Sun, May 6th ~ 12:00 noon to 4:00 p.m. “Pew to the Poll” Mon, May 7th ~ 7:00 a.m. to 7:00 p.m. Tue, May 8th ~ 7:00 a.m. to 7:00 p.m. ELECTION DAY POLL LOCATIONS District 1 Mount Olive Baptist Church ~ 1942 North Main Street District 2 Parnell Elementary School ~ 151 Park Street District 3 Jasper City Hall – 465 South Main Street District 4 Jasper High School ~ 400 Bulldog Avenue ELECTION DAY ~ DATE/TIME Sat, May 12th ~ 7:00 a.m. to 7:00 p.m. (Election results LIVE on KJAS beginning shortly after polls close)

Community of Lumberton to Get Liquor Store, Not Restaurant as Advertised by Dennis Williams in Alcohol Sales Debate

The Community of Lumberton will soon get a liquor store soon in front of Grace Lake Estates and Westwood Subdivision, in between Walton Road and Chance Cut-Off (see map below)

Remember when the issue of alcohol sales in the west Precint of Lumberton, TX was initially brought up several years ago? Some businesses, specifically Developer Dennis Williams, said they were pushing for alcohol sales in order to bring nice restaurants into the Community of Lumberton over there on Hwy 69 and that there was no threat of liquor stores moving in. The people of Lumberton wanted to be able to vote on this issue. They wanted to have a say in deciding to keep things the same or if they want to change their community and transition to a regular city like Beaumont and away from being a fairly safe and peaceful, Texas bedroom community. I am all for the people getting to decide on important issues like this so I got the issue on the ballot and was going to be satisfied with whatever the people of Lumberton decided. That is democracy right? Well, the residents in the City of Lumberton actually overwhelmingly voted against alcohol sales in within the city limits. They said that they like their community the way it is and are just fine with going down the road to get their alcohol if it means the trouble associated with those establishments will stay down the road too. Like it or not, that is their decision to make and they made it. Sometimes people just like things the way they are now instead of making big changes. Change is not always good, just look at what Obama has done under the theme of change. Anyways, Lumberton moved past that issue and is doing great. The City continues to grow and has no problem balancing the city budget with the current sales tax revenue and all without a city property tax. That is miles above the budget problems that some of the surrounding cities have recently had even though those cities have a property tax and alcohol sales. The drainage problems are getting better in some areas of Lumberton because of the detention ponds built with hurricane money, and there is even a road about to open through the middle of the city that will help local traffic to be able to get back and forth through the city.

Although the City limits of Lumberton cannot have alcohol sales, there is actually a part of the Community of Lumberton on Highway 69 in front of Westwood Subdivision that is not in the city limits. This area is in the Community of Lumberton, but it is just outside the city limits and therefore they can have alcohol sales. Here comes the fancy restaurant right? Wrong. There will soon be a liquor store moving in. It is being developed by Dennis Williams. I guess he lied about wanting to bring in restaurants and no liquor stores. Did anyone really believe him anyways?  Now this liquor store is of no concern to me because it is not in the city limits of Lumberton and therefore does not go against the vote of the people. I just think it is ironic that they are building a liquor store and not a fancy restaurant as promised when they were pushing for alcohol sales on that side of town. After all, these big-city fancy restaurants are just dying to move away from the bigger city of Beaumont and into the smaller community of Lumberton right? Apparently they don’t because if they did then they would be building a restaurant in front of Westwood Subdivision instead of a liquor store. I personally would rather support the great local establishments we have here in Lumberton anyways instead of letting them be taken over by the national chains.

New Texas Law Will Prohibit Cities, like Lumberton, TX, from Secretly Using Eminent Domain

By, David Bellow

Earlier this year I uncovered that the City of Lumberton, TX had secretly used Eminent Domain to take over 100 acres from a man and told the man he was only going to get $2000 per acre. This man took the city to court and the city lost and was ordered to pay over one million dollars to the man. None of the residents knew about the use of Eminent Domain and no residents knew that there was a judgment against the city for over one million dollars because it was all kept secret by the city. To put a one million dollar judgment into perspective, the yearly budget for the city is only about three million dollars.

This secret use of Eminent Domain really bothered me, especially since the City of Lumberton has had problems with eminent domain in the past. I even contemplated doing a petition for the people to vote on creating a city ordinance that would prohibit the City of Lumberton from secretly using eminent domain and would help protect the property rights of the people of Lumberton.

It looks like I will not have to do any petitions.

In 2011, the Texas Legislature passed a new law, SB 18, that strengthens Private Property Rights. This new law includes a requirement that public entities must take a public vote to initiate eminent domain proceedings.

Texas State Representative Charles Perry had this to say about SB 18:

Private Property Rights were strengthened by Senate Bill 18, which requires governmental entities to take a public vote to initiate eminent domain proceedings.  It also requires condemning entities to make bona fide offers in writing, or if they fail to do this, it requires the entity to pay the landowner's expenses and attorney's fees.  SB 18 also levels the playing field by requiring that a condemning entity compensate landowners for damages from a loss of access to their property, as well as provides relocation assistance if a landowner is moved off of their property due to the eminent domain process.   It goes further to include buy-back provisions and clarify that the land may only be used for a public use.

Jury Awards Over 1 Million Dollars to Eminent Domain Victim in Lumberton Texas - City Attorney Fired!

Jury Rules Against the City of Lumberton, TX and Awards Million Dollar Judgment in Eminent Domain Land Grab

What is just as bad is that the City of Lumberton has kept all of this secret and the city has not told the residents of Lumberton anything. They have hidden using eminent domain, and also they have hidden this million dollar judgment against the city. The first that the people of Lumberton will hear of this is when this article gets posted online and sent to the media.

Plus, the City of Lumberton Attorney/Prosecutor Kenneth Furlow, he was the losing attorney in this eminent domain judgment, was just secretly fired on April 25th, 2011 by the Lumberton City Council after I had just recently revealed that this City Attorney had not paid his county property tax since 1998 and owed over $40,000 in unpaid taxes. (click here to see article about city attorney) http://hardincountyconservatives.blogspot.com/2011/04/update-to-lumberton-isd-fishy-attorney.html

Here is the Story according to my sources, Court Documents, City Council Meeting Minutes, and News Articles:

The City of Lumberton wanted some property to build a detention pond to hold water when it rains.

They go to Mr. Hooks and tell him that they want 115 acres of his land

Mr. Hooks doesn't want to sell and he does not agree to sell the land.

The City of Lumberton has a condemnation proceeding (eminent domain proceeding) to take the land.

The city charter of Lumberton allows the city to use eminent domain (click here to see city charter eminent domain info) http://library.municode.com/HTML/14441/level2/PTIHORUCH_CHIINPOCI.html#PTIHORUCH_CHIINPOCI_1.08EMDO 

The City of Lumberton took the land on Jan 14th, 2010 and started building the pond

When the City of Lumberton took the land they told Mr. Hooks that he was only getting roughly $2,000 per acre for the land (about $200,000). In comparison, the city had just bought over 84 acres of land a couple of years ago to build a park. This park land is right by the property owned by Mr. Hooks and they paid well over $2000 an acre for the park property and yet they only offered just under $2000 per acre for the property they were taking from Mr. Hooks (click here to see article about the land purchased by the City of Lumberton to build a park) http://setxhomepage.com/search-fulltext?nxd_id=49542 In fact, the Lumberton City Council, on Feb 14th, 2011, voted to buy an additional 70 acres of land for the park right by the property owned by Mr. Hooks and they paid well over $2000 per acre for the 70 acres.

So back to the Story, The city only offered just under $2000 per acre for the land they were taking from Mr. Hooks.

Mr. Hooks said no to that price and a commission was appointed to determine a price to give Mr. Hooks. The Commission said that the City of Lumberton should give Mr. Hooks about another $100,000 (about $300,000 total at about $2900 per acre).

Mr. Hooks said no to that price too and he gets a lawyer.

On April 7th, 2011, a Hardin County Jury rendered a judgment against the City of Lumberton. the Jury said that if Lumberton is going to take the land then they are going to pay Mr. Hooks the fair market value of $9,000 per acre (over 1 million dollars!) plus nearly $150,000 in interest and attorney fees. The Judgment against the City of Lumberton is over 1 Million Dollars! (click here to see a copy of the Jury's Final Judgment against the City of Lumberton) https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B9O8ABNs2zMKNDM0OWFhY2UtNzY1OC00NWJmLWE5MjktODQwY2EzYWRlOWQ1&hl=en&authkey=CPa1mQM

The City had only set aside about $300,000 to pay Mr. Hooks for this property. By subtracting the $299,416 that the city already set aside from the over 1 million dollar judgment, the City of Lumberton has to come up with a cash sum of $886,034.02 to give Mr. Hooks.

the City of Lumberton 2011-2011 budget shows that the city does not have the money to pay the Judgment (click here to see a copy of the City of Lumberton 2010-2011 Budget) https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B9O8ABNs2zMKNzI0YjFjZTktOGEzYy00MzcyLWIyNjAtZWI2OWUzM2IwN2E4&hl=en&authkey=CNe6sqIL

As you can see, the City of Lumberton Budget for the entire year is only about 3 Million Dollars! This means the Eminent Domain Judgment against Lumberton is over 1/3 of the entire year's budget.

The City of Lumberton also does not have a property Tax. Our small city does just fine with just a sales tax because we have lived within the bounds of the small Lumberton Budget and people keep moving here because it is a safe and quiet city. This nearly 1 million dollar judgment against the city is a huge amount of money compared to the entire yearly city budget, and in order to pay for this the city might have to call an election to have a city property tax for the first time ever, or they would have to cut most of the city budget (which most of the city budget is the police department and we wouldn't want to cut that). The city is in the process of building a much needed, multi-million dollar road through the middle of the city to alleviate traffic. Will they have to shut that project down to pay this judgment? (click here to see the article about the new road being built in Lumberton) http://www.beaumontenterprise.com/news/article/Lumberton-wants-to-use-new-roads-to-spread-out-702817.php 

The good old boy system in Hardin County thought they could still do what they want whenever they want. They did not realize that times are changing and people are waking up and fighting back. The City of Lumberton used eminent domain in 2006 to get a section of land from a disabled citizen (Mr Rich in Boykin Subdivision) so that they could build a cut through road from that subdivision to another subdivision that was going to be built. You see, the city never planned for future growth. They took that land with ease even though there was a petition drive against using eminent domain and an uproar from the citizens of Lumberton against taking this man's land because there were other, better places to put a cut through road. The city took land before and they were so confident that they would have no problems taking the land from Mr. Hooks, they already built the detention pond even before they concluded the eminent domain proceeding!

The proceeding was spearheaded by Lumberton's Attorney Kenneth Furlow. I recently uncovered that Kenneth Furlow, a public servant for the City of Lumberton, has not not paying his county property taxes for over a decade and owes over $40,000 http://hardincountyconservatives.blogspot.com/2011/04/update-to-lumberton-isd-fishy-attorney.html. At the same time he has owed this money in back taxes, he was getting the Lumberton School District to postpone payments to him for over 4 years http://texasgopvote.com/reclaim-education/more-shocking-texas-school-financial-corruption-stories-002610, possibly so that his income would not show and so that he could evade having to pay his debts. Only after exposing the City Attorney problems did the City Council of Lumberton finally fire him. And my sources tell me that the Mayor of Lumberton opposed firing the city attorney even after all the City Attorney has done wrong! Why? Because they are old friends in this good old boy political system.

What is even worse is that NO ONE in the city of Lumberton knows about this judgment against Lumberton (ultimately it is a judgment against the people of Lumberton). In fact, no one even knows that the city used eminent domain to take this man's land. The media does not even have any idea. How can a city just hide this kind of thing from its residents? It makes you wonder what else they are hiding from the people who they represent. Texas has an Open Meetings act https://www.oag.state.tx.us/AG_Publications/pdfs/openmeeting_hb.pdf that requires government agencies to be open about what is going on by way of public meetings and notices. Unfortunately, much of what happens in east Texas government happens illegally behind closed doors in violation of the Open Meetings Act. It is interesting to note that a man has just filed a lawsuit against the Lumberton School District for violating the Texas Open Meetings Act. The suit alleges that LISD has not been open about what is happening at meetings by writing up vague meeting agendas and notices and also for making decision behind closed doors before the meetings even begin. http://www.beaumontenterprise.com/default/article/Suit-alleges-district-violated-Open-Meetings-Act-1347847.php I do not have a dog in that fight so I will not speculate as to whether or not the allegations against LISD are true. I will say that it would seem that the City of Lumberton should be the one sued for violating the Open Meetings act! I have the minutes from City Council meetings over the last couple of years and I never read in any of the meetings where the there was mention of a lawsuit against Lumberton. I never even read anywhere in the meeting minutes where they city was using eminent domain. The city might be able to go into executive session to deliberate these issues, but they still have to tell the people what issue they are deliberating and what the final outcome of the closed meeting is! For example, the minutes from the Lumberton City Council's December 13th, 2010 meeting states that the city council went into executive session at 7:30pm and came out of executive session at 8:31pm. That is all it says. It does not say why they went into executive session nor does is list the government code they were using to go into executive session. 

The Lumberton Mayor is no stranger to secrecy. He was fined by the Texas Ethics Commission after his last Mayoral election for not revealing major details in his campaign finance reports like where his campaign money was spent. (click here to see a copy of his campaign ethics violation) http://www.ethics.state.tx.us/sworncomp/2009/290473.pdf Everything is a big secret in good old boy controlled counties of East Texas, but times are changing and these practices are being exposed. It was just last year that the Lumberton Justice of the Peace Butch Cummings was exposed for basically rigging his election by secretly forcing his opponent to drop out of the race. (click here to see the criminal complaint against Butch Cummings) http://hardincountyconservatives.blogspot.com/2010/07/criminal-complaint-filed-against.html 

But this culture of secrecy is not just a local problem. It took years to get the President of the United States to show the American people a simple birth certificate to prove that he was born in America! http://www.texasgopvote.com/donald-trump/breaking-news-obama-releases-his-birth-certificate-trump-not-average-american-mi-002798 

There is a culture of secrecy in all forms of government.... if our little city was hiding all of this, can you imagine what is being hidden from the people in all the other forms of government