Who Are The Developers In WCID#89?

Arthur Washington, VP of WCID#89, and I attended the Brunswick Lakes HOA monthly meeting last night. An interesting discussion arose about responsibilities of the Developers versus the District in maintaining the neighborhood amenities. I thought you might find this of interest, regarding who developed what neighborhood within WCID#89 and what these developers are supposed to be doing.

In general, activities of a developer in a municipal utility district (MUD) such as WCID#89, include acquiring land for development; defining a marketing program; planning and scheduling development; securing adequate funds for development; arranging for design and construction of utilities, streets, amenities, and other improvements; and, selling developed and undeveloped land to other developers, investors, and others. Ordinarily, the developers pay 100% of the costs of paving and amenity design and construction.

The developer of Morningside Place Section 2 was Fellows Eight Development Ltd. who developed 20 acres into 103 single family residential lots during 2003 and 2004. Lennar Homes was the builder and built out these 103 homes in 2005. Morningside Place Section 2 also includes 25 acres of commercial property which PODS personal storage facility now occupies.

The developer of Brunswick Meadows is 308 Furman (a limited partnership with Lennar Homes serving as general partner) and entered into sales contracts with Trophy Homes and Gehan Homes to build out the 15 sections in this neighborhood.

245 Brunswick Lakes Ltd. is a corporation controlled by Joe Fogarty, who has been active in Houston area land development for over 25 years, and is the developer for Brunswick Lakes, sections 1, 2, 3, and 5.  Royce Homes was the builder contracted for these lots.

Finally is Brunswick Place LP, the developer for what was Brunswick Lakes sections 7-9. The president of Brunswick Place LP is Tom Moughon, who has also been active in real estate development in the Houston area for over 20 years. Choice Homes and D.R. Horton Homes are building out these lots.

A Not So Funny Thing Happened on the Way to the AWBD Conference

All the WCID#89 Board members attended the summer Association of Water Board Directors (AWBD) conference in San Antonio last month. Travel expenses were reimbursed, but I decided to stay with my sister who lives in San Antonio rather than a hotel in order to save the District some money. Unfortunately, I had a minor fender bender on the way to the first day of the conference. It was in stop & go traffic and the guy in front of me stopped, but I just kept going.

I was in my little Hyundai Accent. The guy I hit was in a beer distributing super van. His bumper had a couple of little scratches but here's how my car looked.
Was over $3000 to repair because it busted the radiator, and I wound up with 2 broken ribs and a nasty little shoulder/neck "soft tissue" injury. OUCH!!!!!! I was shocked at the amount of damage done since I was only going about 10 mph.

Believe it or not, I did attend the conference despite missing the Key Note address and the party hosted by the water company on Friday night. Got a rental car to get back home on Saturday and left my car in San Antonio at a place called Miracle Body & Paint. They do something called discounting deductibles. They give you a discount on your insurance deductible equal to 15% of the labor charge for the repair. So, instead of paying $500 for the part that the insurance wouldn't cover, I only had to pay $265 as a deductible amount.

Well, once we returned to Houston, I requested that the Board approve my $265 deductible as an allowable travel expense for reimbursement. In my mind, it would have been about the same amount of money that a hotel bill would have been for the 2 nights, and I was traveling to the event center where the conference was held when it happened.

But the Board voted against allowing me reimbursement. I understood their reasons. Hotel bills and insurance deductibles simply aren't the same thing, regardless if they are in the same ballpark money-wise. I was at fault in the accident, and even though I was on my way to the conference, it was a stretch to claim the out-of-pocket expense for my wreck as a reimbursable travel expense.

So, even though it cost me, I was glad to have been at the conference. I attended a seminar called "Directors 101" that was an introduction for new directors and had excellent information about the legal aspects of MUDs, the role of consultants, duties of directors, etc. I also purchased a book called Water Board Director's Handbook, which is specifially designed for new directors. I'm still reading through it, but I've learned a LOT from it as well.

I also had a very educational experience walking around the exhibitor hall and talking with all the various vendors who contract with MUDs. Had a lengthy discussion with a guy about various chemicals that are used in purifying the groundwater supply and spoke with several waste collection companies about recyclying programs. I followed up with these contacts when I returned to Houston and got all kinds of information on implementing recycling in our district. At the District meeting on July 20th we had presentations from two of these contacts, and I'm still working with our current vendor, Waste Management, about what they have to offer. Hopefully we can get a recycling program started soon.

Reports Are In - Water is SAFE!

After reviewing the actual test results taken over the last 15 months, I am happy to report that the problem with the water WCID#89 had 3 years ago is now a thing of the past. I will continue to filter my kitchen sink water, though, because I've gotten used to the way it tastes filtered. And the replacement filters are found on eBay fairly cheap. But the more expensive filters on my shower heads I feel confident do not require replacing any longer. HOORAY!

For those who are still experiencing discoloration or odor in their water, please contact me and I will ask the water company to flush the lines. This is more likely to happen to those who live in the northern sections of Brunswick neighborhoods because they are the farthest away from Morningside where the water is stored. Flushing the lines helps, but is a temporary solution. In the future there will be another water storage facility built in Brunswick Meadows and that should help eliminate the problem.

I always just took it for granted that when I turned on the tap or flushed the toilet it just worked. Well, you 'd be truly amazed at what it takes to treat the sewage that comes out of our houses and how complex the system is for bringing water into our homes. I have a whole new respect for the word "infrastructure" :--)

More on 2009 Water Quality Report

The good news is that the Drinking Water Quality report for 2009 reflects that overall our water, whether drawn from the ground sources (the well) or surface water (what we buy from the City of Houston) tested lower than the EPA guidelines for contamination. In fact most of the data shows our test results were well below the level that the State and Federal government consider problematic.

The not so good news is that there are two contradictory sets of statistics for the TTHM and HAA5 levels, which are created as a by-product of the chlorine put into the water to disinfect it. Test results on these factors that exceed certain levels can lead to various health problems for those who drink the water or use it for bathing. I have requested a copy of all test results for TTHMs and HAA5s taken in 2009 and 2010 to make sure that the concentration of TTHMs and HAA5s are not problematic in our water supply. Will post here what I find out. So stay tuned!

2009 Water Quality Report

Any of you who heard me campaign know that my main reason for running for the District Board of Directors was to ensure our drinking water was safe for consumption and our daily use. Recently you should have received the nice little brochure that is sent out by the District every year reporting on the quality of our water. If you haven't received yours, or thought it was junk mail and just threw it out, send me an e-mail at jroot@wcid89.org and I'll send you a copy.

I have learned a LOT about what all it takes to get water of any quality delivered to our houses. AK and I took a tour of the sewer treatment facility (definitely wanted a gasmask while touring it - eeewwww!) and the well with Laney Brown, who is our Southwest Water operator. I am pleased to report that there is now a gas-powered generator that will keep our water flowing even if electricity is knocked out by Hurricane Alex or any other hurricane that comes closer to us this season. We also have an impressive array of pumps that carry the water to our homes. But the further away the well is from the house, the harder it is to keep pressure constant. And the quality of the water is affected by the number of pipes it must travel through before it gets to your tap.

The Peanut Gallery Revisited

Several of you have visited a meeting of the Water District to voice concerns, as did both AK and I before we were elected to the Board. AK and I had referred to the area where we were asked to sit as "The Peanut Gallery" -- off to the side of the tables arranged in a large square where the Board Members and the various consultants (engineer, tax office rep, bookkeeper, attorney, etc.) sat. On every agenda there is a designated time at the beginning of the meeting to hear public comments. That is when us 'peanuts' were allowed to speak.

Well, I titled this post "The Peanut Gallery Revisited" for a reason. I have recently completed a training through the Attorney General's Office about the Open Meetings Act. Believe it or not, the point of allowing the public to attend meetings of government bodies, which has elected representatives, is so that they can watch their reps in action. I was always frustrated that I was not allowed to ask questions or make comments when something interesting was being discussed after the 'public comments' moment was over. But you know what? That's proper!

The purpose of the meeting is to conduct the business of the District. And, if it were to get bogged down with a lot of comments and questions from folks like me, who took a determined interest in their local government, but didn't really understand what the business actually entailed, it would be difficult to get through all the items on the agenda. So relegating me to be a 'peanut' was appropriate -- but only during the called meetings.

If you ever come to one of the District meetings, I hope you will understand that the amount of time and attention that can be devoted to public comments is quite limited. BUT I don't want you to feel like a peanut! Please, let me know your concerns by e-mailing me at jroot@wcid89.org and I will continue to blog here to keep you informed on the decisions we make. Together we can address the issues that you have made clear are important.

Answers for Brunswick Meadows HOA Meeting

The annual HOA meeting for Brunswick Meadows was held last month and a few concerns were raised about the detention ponds. At the most recent Board meeting I got a few answers.

First, some of us who have lived in Brunswick Meadows for 5 years or more remember that the detention ponds used to be filled with water, making them appear to be lakes - complete with ducks and other water fowl, albeit no fountain features.

Last year there was a construction project ongoing for several months to drain the ponds and we have been told that the design was for them to always be dry. This started a rather interesting discussion on the yahoo group site of the difference between detention and retention ponds. In order to convert our current detention pond into a retention pond would require additional excavation. This, of course, would come at a cost. According to the Developer, the pumps would be adequate to handle flooding no matter if it were a retention or a detention pond.

The pumps are automatically triggered when the water rises to a certain level. While there was some earlier disagreement over who was responsible to install and maintain the pumps between the District and the Developer, that has been settled. The pumps are now functional and there is no need for notification or remote access since they are automatically triggered.

Both the Engineer and the Developer said that a pond with water (what we had been calling a retention rather than detention pond) would pose no problem to the pumps preventing flooding of the neighborhood. However, it would require the additional excavation to hold the water. No funds have been allocated for such work to be done.

I also asked if the District or the Developer was responsible for mowing the areas around the detention ponds and was told that Harris County Flood Control will have responsibility for maintenance of the detention ponds in the future, including mowing. In Brunswick Meadows, the Flood Control District will not take on that duty until all the development has been completed, including the detention pond that will serve the newest section. So, it would appear that the Developer has the responsibility for now to make sure that the mowing is done.

Finally, I asked about the homeowners who were charged a premium on lots that faced the 'lake' and everyone said that those affected would need to take that up with the builders and their representatives. I remember at closing on my house that I signed something that said no promises were made to me by the sales rep either verbally or in writing that would hold Lennar liable for anything beyond what was clearly stated in the sales contract. Still, if you feel like you were cheated, it couldn't hurt to complain to the builder, or the BBB.