5 August 2016 at 11:35:07 AM
Wondered in July how much Somervell County Hospital District sold property at 908 Embrey Lane to the TGR Nursing home for.
Open Records Request
The total amount of money that TGR paid for the property was $6,534.00 Here is a copy of the check.
Note that the current Somervell County Hospital District board signed the resolution for that amount
Minutes of the May 31, 2016 meeting indicate that "TGR Healthcare/Glen Rose Nursing and Rehab submitted the only bid with a price of $0.60 per foot. After some discussion, Ron Hankins made a motion to accept the bid, contingent on that value being equal or near the CAD value of the property. Dr Burroughs seconded the motion.
So what IS the CAD value of the property? For 2016, it is $31,980. That is a difference between the purchase price for TGR Holdings, which bought it for $6,534.00 of 25,446.00. Repeating that, over 25 THOUSAND dollars.
I do question why there is such a tremendous drop in the value of the property between 2015 and 2016. For 2015, 2014, 2013 and 2012 the value was consistently 63,660. 00, but then, in 2016, changed to $31,980. I called the appraisal district to ask, first, if CAD value is 31,980. Yes, and second if there is any paper record that shows why this was devalued to such a large extent. Spoke with one of the appraisers who found no notes in the file, nor any contested protest before the ARB.I then spoke with Wes Rollen, who explained that anyone can come in and informally ask for a new appraisal, that it doesn't require a protest to the ARB, and that generally, property that is tax-exempt isn't necessarily thoroughly appraised each year (such as government owned land). In this case, someone from the hospital asked the appraisal district to do a new appraisal on the property in preparation for selling it.One can argue that being able to save laundry services would offset the very very low price of selling the land, but it doesn't explain why the board would accept this under the provision that the value being close to the CAD value of the property
Why the FOOL is Somervell County Hospital District selling land so cheaply when Glen Rose Medical Center is in severe financial straits and may go bankrupt?? And why, if Ron Hankins said that the sale was contingent on the price being close to what the CAD value was, would he have gone through with this (or the entire Somervell County Hospital District board, for that matter).
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1 - Homegrown Matters
10 Aug 2016 @ 4:54:45 AM
Did "Andy Lucas" use "Somervell Counties Residents Tax Dollar's" to defend Darrell Best against Paul Harper in the lawsuit "Best vs Harper" ? If so who authorized it, and in what meeting was it announced at?
Can anyone answer the question about the lawsuit between "Darrell Best vs Paul Harper": To me and my understanding "Best vs Harper," in no way indicates Somervell Taxpayers are included in this lawsuit, it's strictly between two citizens of this County. Right? So why did Andy Lucas, Somervell County Attorney get involved enough that he accessed money from "We The People of Somervell County" as stated by Brian Watts, that Mr. Lucas had outstanding debts pertaining to the "Best Case" about outside Attorney fees. The case is "Best vs Harper" (NOT) "Best and Somervell County" vs "Harper." So who, when, where, and why was this authorized, announced, or posted? I am a citizen of Somervell County, and believe that I deserve an answer to a few questions concerning this issue. How this County spends our money is definitely concerning, since our Judge, and the President of our Hospital Board has made it very clear that Luminant is a bully, and that their Corporation can hold out much longer than this County when it comes to paying what is owed to our County in taxes. We no longer have the luxury of what "I Call Mail Box Money," those days are gone and every dollar must be accounted for and spent wisely with much more forethought in these day's ahead. So I must question why; why would this County pay for any part of Darrell Best legal fees, and who made the decision to allow Our County Attorney to borrow, loan or take the "Somervell County Taxpayers Money?" Darrell Best is merely a citizen of this County and he holds no position of authority, and I wasn't aware that our County was in the business of loaning, borrowing, or giving citizens money, no questions asked or approval needed. My understanding is that Paul Harper actually paid his attorney's and court fees out of his own pocket? When Paul Harper was legally awarded victory over Darrell Best by the State of Texas, then our County Attorney, "Andy Lucas" filed an Appeal on behalf of Darrell Best and I suppose our County (?), and again lost in favor of Paul Harper. So who authorized the County Attorney, "Andy Lucas" permission to spend the Residents of Somervell County Tax Payers Money? On "What Date, Time, Meeting, Authority, or a Committee of Authorities are responsible for this decision, when and where was the information posted informing the Residents of Somervell County that "We The People of Somervell County" would be responsible for paying for a lawsuit on behalf of Darrell Best or our County (?), against Paul Harper? Brian Watts do you know how much the citizens of Somervell County owe Paul Harper, considering you have officially stated that money was transferred to the County Attorney for outstanding legal fees owed to other lawyers hired by Andy Lucas for the defense of Best vs Harper? This County is notorious for spending money that we as citizens can't afford! I am a very concerned citizen as we all should be. So I am asking any and all of the County Commissioners, Judge, Hospital Board Member's, and residents of Somervell County, why this happened and who authorized it or if it was ever authorized at all? Danny Chambers as our County Judge, Andy Lucas as our County Attorney, Ron Hankins as the President of our Hospital Board, or Ray Reynolds as the CEO of Glen Rose Medical Center, etc., "WHO" authorized the decision for "Somervell County Residents" to pay Darrell Best legal fees??? This lawsuit from the very beginning seemed like a personal issue between two men over a difference of opinion. It also appeared cut and dry to me as a mere laymen, who would win based on the law. That would be " Paul Harper," it's not Rocket Science, it's common sense!" I can't even comprehend why our County Attorney, "Andy Lucas" would even want to take this ridicules case to court, much less to an Appellate Court, but he did, and he lost, again, he Lost, and again, he Lost, using our tax payers dollar's. The first loss was decreed by The State of Texas in favor of Paul Harper, that should have been enough! But not for Andy Lucas, whom was spending "Our Tax Payers Dollar's." Then again, Andy Lucas filed to an Appellate Court, TWICE, and LOST both time's. I find it quite humiliating as a Somervell County Resident to realize that our County Attorney, "Andy Lucas" would even commit to taking this ridicules case then actually hiring outside Attorney's using our tax dollar's, and still losing! It was and still is absurd, and shows a lack of competence on behalf of our County Attorney. Why are "We the People," responsible for Andy Lucas poor choice by intervening in the defense of Darrell Best under the assumption that Andy Lucas somehow turned this case between two citizens into "We the People and Darrell Best" vs Paul Harper??? Is this what he did, and if so who authorized it? It's a simple question... Darrell Best should be responsible for own bills, no-one is responsible for mine, how about yours., right? He is a private citizen just like most of us. So who authorized Andy Lucas to spend the people of Somervell Counties money? If Lucas filed it without permission by a "Higher Authority like our County Judge, Danny Chambers," then are we to assume that both "Lucas and Best" are responsible for all the bill's that were acquired from the beginning to the end of the lawsuit? If so, then simply put back the "Tax Payers Money," OR get ready to be sued for theft! AM I RIGHT or WRONG? WHO AUTHORIZED "Andy Lucas" THE DECISION TO CONTRIBUTE MONEY TO THIS LAWSUIT OF, BEST vs HARPER ON BEHALF OF THE PEOPLE OF SOMERVELL COUNTY, LEAVING US RESPONSIBLE FOR THE DEBT ???? I question this issue, and definitely want it answered and refuse to stop until I get the answer or an explanation of this situation and how it transpired from "Best vs Harper" into Andy Lucas and possibly Somervell County being drug into this situation that had nothing to do with the people of Somervell County! I would like to question all of our "Elected County Officials as well as the Residents," on how we can be so critical of Luminant, when our ethics "lately" seem just as corrupt and deceitful as theirs are? I didn't vote for corrupt officials, and I have known many of our elected officials for a while, liked their politics, respected them as family oriented individuals, have admired them as leader's. And yes, some elected officials ethics may have tilted a bit, due to their "Artificially Inflated EGO," brought on by winning an election! Although this too shall pass! Not everyone is corrupt, but "One" is too many!" We can't bad mouth large corporations for being corrupt bullies that can hold out longer than our little County can, especially when our own officials like, our County Judge, "Danny Chambers" and President of our Hospital Board, "Ron Hankins" stated! Especially when our little County is doing the same thing, just on a smaller scale. We have to pay our debts, be respectable, and set an example of responsibility for the "Tax Paying Citizen's of this County." There are lessons to be learned by the young men and women that will eventually take the place of every elected official. We should get our priorities straight so this County can flourish again instead of floundering in debt! Whether we like or dislike the Harper's or the Best, that's irrelevant! Our Elected Officials know that Darrell Best, Somervell County, or Andy Lucas, or all three lost against Paul Harper in the lawsuit and it's time to pay him what is owed, so we can move on to new business. The last thing we need, is this debt climbing due to penalty and interest. We must be even more conservative now, and we must learn how to get more done with less, just as we did before the Power Plant was ever here! This is really a "legal quagmire," considering the Harper's Won on one hand, and Lost on the other, because they are also Somervell County tax paying citizens!
If it seems as though I am repeating this issue over and over again, I am!!!!! There are many different ways to explain something, someone may have understood it the first time, whereas someone else didn't understand it until the third or fourth time. The end result is all that matters.
2 - Homegrown Matters
10 Aug 2016 @ 6:19:27 AM
Why? Just when you think thing's can't get any worse for our Hospital District, our Hospital Board decides to basically give away "real property" owned by Our Hospital to a totally different entity by taking one bid, and not even getting what their bottom line was! They actually took less! Where was the bid posted, and how long was it posted there? What is up with the Appraisal District? Land doesn't depreciate that radically, unless our Appraisal District is in Cahoots with the Hospital Board and other Highly Elected Officials. If something looks crooked as a snake, and rattles and hisses, you better believe it is a snake and it's rotten to the core! This has WRONG written all over it!!!! If you are going to take something away from someone, what better way to do it, than right before their very eyes! The question is why? And what did the Hospital really gain from this? Anyone involved with this deal, you have no shame!!! I wouldn't want to be you, because your day of reckoning is coming, and it won't be good, but believe this, it will be humiliating, and no one that knows you, will ever look at you the same way again.
3 - salon
10 Aug 2016 @ 7:13:53 AM
Your comment is excellent. I believe that people should go ASK their elected officials about the very things that concern you. I sure don't know the other side of this.
First, here is a post Paul did that has all the actions taken in the case.
So, my take from the perspective of who is on the hook.
Anyone can put in a petition, the right to petition is codified in the constitutution. He or she ought to use his or her own attorney to do the petition and file it. The petition for removal from office, from Darrell Best, had Andy Lucas listed as his attorney. Lucas was not on the original filing AS the State of Texas. My question at the time was, well, does this mean that Lucas's services are available for everybody where he helps people draft up petitions? I can think of a few people I might do petitions against and how lucky if I can get the legal work done via Lucas! (That was entirely fecitious, incidentally-hah)
A county or district attorney has the choice to decide whether to enter in as "The State of Texas" on a petition. He or she could believe that the petition is specious and ignore it. Andy Lucas decided to join in the removal lawsuit and the lawsuit changed names to State of Texas Ex Rel Darrell Best. (ex rel is "on behalf of") (For another example of this, see the Susan Hawk case from Dallas)
The district court had a hearing in October of 2014. Paul was temporarily removed while a PIF form issue was being looked into. It was known on Nov 4 2014 that the PIF status had been approved, but rather than immediately reinstate Paul to office, the hearing about it was not held until January 2015. Paul had filed an anti-slapp motion to dismiss.
In January of 2015, both the anti-slapp and a continuation of the State (Andy Lucas) hearing was held. Paul won, on the board, the anti-slapp was dismissed without being done (ie, Lucas was supposed to prove a prima facie case on all points, didn't happen) , and Lucas held out that there would still be a jury trial in the future. The district judge said, basically, that whether or not we agree with our elected officials, they were elected and Paul was reinstated to the board.
On January 15, 2015, Lucas, with the affadavit help of Ron Hankins, attempted to prevent Paul from attending hospital board meetings. The district judge denied their attempt.
In March of 2015, Paul put in an appeal to the 10th court of appeals on the anti-slapp motion. The hearing on the appeal took place in November 2015, and the opinion came back from the appeals court on April 21, 2016. The court said "Because the trial court erred in denying Harper’s motion to dismiss, the trial court’s order is reversed and this case is remanded to the trial court for the rendition of an order granting Harper’s motion to dismiss and to consider Harper’s request for court costs, reasonable attorney’s fees, and sanctions. See TEX. CIV. PRAC. & REM. CODE ANN. § 27.009(a) (West 2014)"
The judgement went against the State of Texas, which Andy Lucas was representing.
In May 2016, The State of Texas (ie, Andy Lucas) put in a motion for rehearing. In July 2016, that motion was denied by the appeals court, with the proviso that the opinion and judgement stand. "We will not, however, withdraw and re-issue the opinion or judgment based on this technical correction to a non-substantive portion of the opinion or judgment." Note that the Justice Tom Gray said that it hasn't been determined yet whether Darrell Best might also be paying, AS WELL AS the State of Texas- "We expressly decline to address this issue because the trial court has not determined what the amounts are and whether the amounts will be assessed against specific parties or whether it will be assessed jointly and severally against multiple parties."
So, that makes 3 times Andy Lucas, ie, the State of Texas, has lost, and 3 times Paul has won. First, in district court. Second, at the appeals court where the judgement went against the State of Texas, and 3rd, on his motion for a rehearing. At a recent Somervell County Commissioners Court meeting I attended, Brian Watts mentioned an intem in which "outside attorney fees" from Andy Lucas were being paid out of the general fund. I did an open records request and found that over $4000 had been paid for the "Motion for a Rehearing". Who paid? You and I, as taxpayers.
Since the judgement from the appeals court went against the State of Texas (ie Andy Lucas) and it's pretty clear that the money to pay the judgement comes from Somervell County taxpayer coffers, it seems reasonable to me that Judge Chambers and the commissioners would have at least one meeting, open or closed, to discuss this, particularly since it's budget crunch time. Nope. No meetings. (And I 100 percent agree with you about the hypocrisy of Somervell County whining about Luminant not paying their bills while Luminant appeals. )
The State of Texas has the option to continue to appeal on the case, to the Texas Supreme Court, which of course would rack up more costs. Presumably, Andy Lucas would require, as he did on the Motion for Rehearing, to go to outside legal entities to help him draft the appeal. If he does and should he lose a 4th time, there would be that much more money that would come from... Somervell County taxpayers.
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