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April 27, 2003 8:38 am

Nelson,

When you resigned from LNO because of a U. S. Justice Department
 indictment against you, I asked  "editor@LocalNewsOnly.com" to publish information about LNO. The information requested--editor(s),and  publisher, is normally provided by newspapers and newsletter. Newspapers and newsletter frequently provide a listing of the professional staff.

Since your acquittal and return to LNO, part of the information
requested is now available. You are listed as the publisher.

It is about time for the remainder of that request to be answered.

Thanks,
Jo Ann Gasper

[You may not be aware that I sent several emails to "editor@LocanNewsOnly.com." My email was not published. I did receive a response that LNO was under going a change in format and the information would be forthcoming. The Publisher information is now available.]

Publisher/Editor Note: All emails received are posted to our knowledge.  Unlike letters sent to the editor of your favorite newspaper, LNO strives to post virtually all input.  However, LNO reserves the right NOT to post any item that we consider offensive to the family values of our site or whereby LNO is not comfortable about the validity of the authorship. LNO is a pioneering effort to report local news on the Internet.  What other newspapers may do "frequently" is not necessarily of interest, concern or somehow establishes that LNO is under any obligation for similar disclosures.

In addition, despite recent "federal bureaucratic type smelling overreach" requirements voted into a burdensome paperwork by Colleyville's current city council, prying into every aspect of private and financial life (if one desires to serve the public by being a candidate for city council);  that mandate does not yet reach private businesses in Colleyville.  Therefore, in regards to your statement "It is about time for the remainder of that request to be answered," LNO is not obligated to answer anything. For example, is your interest equally as intensive about the Colleyville Courier?  When the Colleyville Courier publishes their financial investors, shareholders, and an explanation of their offices located with the partner of the Village Developer, then ask us again!

However, in the spirit of addressing our 75,000 views per month, LNO will share the following information;   Currently I act as both the Publisher and Editor of LNO.  Contributing research, writers, technical, marketing, reporters, graphic artists, photographers and regularly contributing columnists include:  Marc Troop, Maria H. Jones, Debbie Roach, Raven Thibodeaux, Steve Mongithetti, Jan Klodner,  Linda Baker, Sandy Compton, Kimberly Connor, Jessica Kehmel,  and Kelly Kosikowski. 

Nelson Thibodeaux
Publisher/Editor

The last contribution of Mrs. Newton was posted April 10, 2003 a column titled, "BOYCOTTING DIMINISHES ONE’S RIGHT TO CRITICIZE"  .  I also checked the Column Page.  This page lists links to columns as far back as August 2002.  There were no other columns by Mrs. Newton.  Prior to April 10, 2003, the last article authored by Mrs. Newton was on June 10, 2002, Pleasant Run Schools Holds 27th Reunion.

On May 18, 2001, Linda Newton wrote a column titled, "Reflections on why I accepted this position, and my relationship with Nelson Thibodeaux"  Should you decide to click on this title and read her column, I believe you will find it consistent with the Publisher's Note after your most recent email.

I can only infer from your questions that you have been under the impression that somehow Mrs. Newton has directly or surreptitiously been "ghost writing" articles or columns for LNO.  After my federal indictment in May 2002,  and considering the fact I would not agree to plea to some lesser offense offered by the federal government, I was diverted fighting for my God given freedom as an American.  I was not able to continue in a very active role.  At the time Mrs. Newton felt it best she step down as Editor in June 2002.  We initially planned on a former Colleyville resident, with newspaper experience, to take over as Editor.  However, physical distance of the new Editor and my inability to provide local support resulted in the position never materializing like we had hoped.  I was totally vindicated of any and all charges, (as were all the defendants on all 110 trumped up felony counts), I became very active serving both roles as publisher and editor.  Hopefully, we will be in a position to recruit a new Editor in the near future.

When Linda Newton became Editor of LNO, neither of us had any idea that Richard Newton would run for public office again.  However, when he made that decision, full disclosure of Linda's relationship with Mr. Newton was provided on LNO.

Further, Linda Newton as Editor, insisted that news articles be totally documented. Those documents were made available to readers to validate the posted news article (and many times even with columns) thereby providing full disclosure concerning the source of LNO's information.  If the writing was a column and not a news story,  it was and is identified as such on LNO.  During the time Linda was editor, Richard Newton won two elections for city council.  The first to fill the un-expired term of Dennis Marlin and then he won a full term in the general election.  Mr. Marlin had replaced Thibodeaux on city council and resigned after it was disclosed he was arrears in his taxes to the city.

The challenge facing council was the City of Colleyville simply had no money to pay for a Hall Johnson improvement or promote the city to potential tenants.

After careful study of potential financial solutions and a citizen's group gave their input, I explored the concept of a Tax Increment Financing District (TIF) with City Manager Bob Stripling.  Bob brought in the city financial consultant and Colleyville resident Jim Sabonis and a plan of action was established.  

The City of Colleyville would approach our taxing partners, e.g. GCISD, Hospital District, County and Tarrant College, and request they agree to a Tax Increment Financing (TIF) District for Colleyville.  A TIF would allow the city to set aside a district and have the use of taxes collected by all the other taxing entities, with the most important one being GCISD. The TIF funds is that amount of increased property taxes in the district after a date certain in time.  In Colleyville's case the period began January 2000.

One challenge facing Colleyville was the fact Colleyville had NO PROJECT!  For example, a TIF was instrumental in the Grapevine Mills Mall, the Gaylord Opry Hotel, and the Southlake Town Center. However Colleyville had no such identifiable  project.  Therefore, a conceptual plan had to be drawn up based on the Master Plan and Mayor Richard Newton was faced with the task of getting the other taxing entities to go along with a "vision" in lieu of a specific project.  This was no easy task!  To further complicate matters, the state legislature was about to change TIF legislation that would alter the ability to protect these tax funds from Robin Hood statutes.  Therefore, the sense of urgency was real and the lack of a project problematic.  In 1999, Mayor Newton convinced these other entities to agree to a  TIF that could help Colleyville energize commercial development on the Hwy 26 corridor.  To maximize the potential for the city, Mayor Newton identified a TIF area much larger than just the originally planned downtown.  While the emphasis would remain on the Smith property planned downtown development, the city could assist smaller projects along the corridor as well. 

The agreed TIF included over 600 acres along Hwy 26, a $35 million tax windfall for Colleyville.  Instead of the originally planned downtown area, after a change in city council majority, the lions share of the TIF eventually went to the Village at Colleyville.

The TIF concept was to use incentives and attract the right kind of developers, especially to the center of downtown.  The Hall Johnson project was the first move to establish Colleyville as a destination for attractive tenants.  However,  the 1998-2000 city council was well aware there could be misunderstandings and opposition to the widening of Hall Johnson.  Therefore, 9 public hearings were held on the design.  A plan was developed to have the minimum impact on neighborhoods. The eventual design saved all existing brick walls and allocated over $600,000 for landscaping.  This was the ONE road compromise that HAD to be made to have any realistic chance of getting a major retail center in Colleyville. That compromise is now the beautifully landscaped Hall Johnson.

The vote to move forward on Hall Johnson was passed 4 to 1, with Councilman Tigue voting nay and emotionally charging that other city council members had somehow "hornswoggled" the citizens.  The majority of that council had the courage to make the right decision for the long term benefit of the city.  However, Colleyville would made national news just a few months after the vote.

But then came the election of 2000.  The "anti Wal-Mart protest election about a phantom big box and Hall Johnson pay back election". Voters were being told that I had a financial interest in Burk Collins proposed project that included a Neighborhood Grocery, which was a "big box."  Neither statement being true.  I not  only had no financial interest,  I was only remotely familiar with the plans.  The project had not been voted on by P&Z and I made it my policy to allow this Board to do its work before I commented on any project. However, the plans certainly NEVER contemplated the typical definition of a "big box." 

 During that election, developer Raman Chandler anonymously put out the infamous "Liar Flyer".  The same TIF now described as the best deal to ever happen to Colleyville, was then described to voters as a $35 million tax on the citizens! And falsely claimed, (a battle cry that one continued to hear at elections for two more years) that I wanted to build a "cow museum" costing the tax payers $11 million. 

Just to clear that matter up once and for all.  McPherson Park still stands undeveloped and unusable to the public more than 4 years after fear mongering influenced citizens to turn their back on the Dairy Museum project and turn me out of office. Historically Colleyville is dairy country.  The Dairy Farmers of America wanted to relocate their East Texas museum to an area of higher population.  They were willing to take the lead with financial assistance, foundation fund raising efforts and technical support.  Discussions were underway to fund the museum with $100,000 allocated for manpower every year.  The McPherson Farm was a dairy farm.  The McPherson Dairy Museum was not planned based on using one cent of taxpayer funds.  The city development of McPherson Park would have primarily been dedicated as an open park for all citizens.  A serene setting, with a pond, jersey milk cows, open air concert, picnic tables, open recreational areas, jogging trails and none of the park would be subject to some sports organization's whim to determine who could play and who could not.  The Dairy Museum was projected as being a "PROFIT CENTER" for the city, similar to concepts such as NRH2O in North Richland Hills.

The Dairy Museum became the sacrificial lamb of those with a lack of vision but an abundance of political spin abilities during election season.  When it comes to "preserving the rural atmosphere" of Colleyville, some limit the definition to crumbling two lane black top roads with bar ditches, and high density housing, versus a preservation of our historical heritage.  The Dairy Museum would have put the City of Colleyville on the map as having a unique attraction.  School buses would bring children to learn milk is not developed in a milk jug.  Meeting rooms, events, a source of pride, all the victim of visionaries that preferred $22.5 million be spent in the Village at Colleyville that creates additional tax burdens for citizens and includes $15 million for public buildings that will never generate a profitable cent in the future for Colleyville. 

This is in comparison to a project that would have sent a signal to developers that the Western Gateway of Colleyville along Precinct Line Road (and near the new Dairy Museum) is open for business and looking for major retail interest.  

However, the 2000 election saw the election of Dennis Marlin for my seat (he resigned before his 2 year term was completed), the re-election of Ginny Tigue and the introduction of Dana Feldman to city council.

Within one month Mayor Donna Arp threatened to veto the bond sales to build Hall Johnson and Ginny Tigue made national news when she suggested part of the road be covered with dirt and then then new council actually took her idea under serious consideration.  Within six months Patsy Smith was suddenly a gold digger for agreeing to donate property for city hall and as quick as you can say, "take care of your personal developer buddy", city hall AND the library were relocated to the Village at Colleyville.

The Town Center on 100 Smith acres with Hwy 26 frontage suddenly took a back seat to the 24 acre Village at Colleyville with virtually no Hwy 26 frontage.  The city traded Park Land for alleged open space in the Village, then there was a land swap and things really got interesting.  The developer obtained paperwork from the city allowing him to claim a $555,000 tax write off and the Village eventually ends up with $7.5 million in reimbursements to cover infrastructure.  Then millions in bonds were sold to build both the library and city hall in the Village.  While the Town Center, with a Master Plan in place for over a decade, received no attention, the Village gets over $22 million in tax related incentives, including public buildings.  All of these debt creating actions without any vote by the citizens.

In the meantime, the Justice Center was being built, as originally planned in the Town Center, and is being paid for out of a 1/2 cent sales tax approved by the voters.

The Village at Colleyville was actually approved BEFORE the Town Center in Southlake.  

The tenants that went to the Southlake Town Center had ever opportunity to consider Colleyville's Village.  Many tenants that initially expressed interest in the Village ended up at the Southlake Town Center. While the Village's unique, "you build your own store and live above it concept" apparently doesn't resonate with national chains with little interest in becoming a landlord and having their executives live above their store. The tenants overwhelmingly chose the Southlake location pointing out problems with narrow streets, inadequate parking and access with the Colleyville experiment.

The readers may remember the famous "Boutique Hotel" announced right before election two years ago.  In fact, many people actually think that city hall and the library, or one of the other buildings, is going to be a hotel.  Back then when LNO attempted to talk to the hotel "developer" about the project, Councilmember Ginny Tigue said that I had "some gall" and that I was simply a negative person with a negative news site.  You will note however there is no hotel, no discussion of any hotel and no explanation.  In fact, there is not one major brand anchor retailer in the Village or a whisper of a possibility there ever will be one.

Finally, on the last vote of the previous council in April 2003, the Colleyville Town Center received only $2.5 million in incentives.  Richard Newton supported the vote.  I adamantly opposed the decision then and now.

There is no longer a vision of a downtown on the Smith property.  The tremendous talents of architect Charlie Hodges (The Quarry in San Antonio, the Arboretum in Austin) have been wasted. Because the initial Master Plan was ignored, because there will now be no destination plaza built, because city hall was moved, because of vicious campaign rhetoric that a Wal-Mart big box was going on the property and because of the anti-business climate in Colleyville, the vision for a dynamic downtown has been lost.

Instead we have the first two real big boxes being built in Colleyville.  The 45,000 sq. ft. United Market grocery and the Lifetime Fitness Center, a 110,000 sq. ft. giant exercise, spa, et.al. being built on the property.

It is interesting that Colleyville's new Mayor Joe Hocutt was endorsed by Mayor Arp, and referred to United Market as an example of his ability to attract business to the city during his campaign.  While another element of his campaign included the redundant old fear mongering, perfected by Mayor Arp and Ms. Tigue, that his opponents would build 4 lane roads in everyone's back yards while he would preserve the 2 lane crumbling asphalt, bar ditch lined roads for eternity.

The fact is, United Market would have never built on the Smith parcel if Hall Johnson was still a 2 lane road.  Mayor Hocutt, former Mayor Arp and Councilmember Ginny Tigue rush to take credit for United Market, when they have been a part of the coalition that has opposed Hall Johnson, used it to get re-elected and have virtually ignored this parcel in favor of the Village for three years.  The Village gets $7.5 million incentives and $15 million in public buildings, guaranteed by taxpayers, without a vote.  The Town Center gets a belated $2.5 million to attract a giant spa and a Justice Center paid for from a sales tax approved by the voters.  

There is little hope that "Mr. Colleyville" Herman Smith's vision will every be a reality.  The once in a lifetime opportunity was a TIF framed by public servants the voters have now voted off the dais city council island.  The TIF tax dollars have been squandered on an social experiment involving residential lofts over retail stores offering no parking, no promotion and no future.  Unfortunately Colleyville's new Town Center businesses; an upscale grocery store, a wholesale lighting store and a monolith workout center are not the type of facilities that projects a visionary downtown square.  They are in fact grouping of big box type stores, which seem contrary to the very argument that former Mayor Arp used to scuttle the Burk Collins Wal-Mart Neighborhood Market on Cheek-Sparger.  Only thing is, that the Neighborhood Market was and is NOT in fact a big box Super Wal-Mart.  Allowed to proceed, the Collins development would have already been up and running generating sales taxes and featuring a new city park for citizens of Colleyville as part of the overall project.  Instead, one can admire the visual aesthetics of a closed gas station and closed Payless in lieu of the referenced development.

Since Colleyville Town Center developers Charlie Hodges and Rob Ferrell are practical businessmen, they have made the best purse they can now make out of this pig's ear.  There will be other retailers that come into the Town Center, the project will meet with success eventually.  It will however NOT be the downtown Colleyville so desperately needed for both financial reasons but also for the identity and bonding of the community.  It will not have a beautiful public plaza, it will be simply another strip type retail center with a few landscape bushes to break up the vast asphalt parking lots. 

$7.5 million for the Village experiment, millions for public buildings or $2.5 million to attract a giant work out center gut the very vision and purpose of the TIF. 

Drive by the new Justice Center and Colleyville Center. You can see a remnant of what could have been. Now imagine the City Hall surrounded by water, fountains, landscaping and retail stores where one could easily walk from one to another and an area for public gatherings, concerts and festivals. 

The $35 million in TIF funds has virtually been committed.  Ask yourself, are you happy with the stewardship of the last three years?  Are you happy how the money was spent?  Are you happy about the look, size, type and amount of commercial development?  I think not.   For those of us that shared the vision and found the formula to actually create the dream, we are devastated there will never be that beautiful downtown with wide open spaces.  In other words, after the framer of the TIF was voted out of office, it only took three years to commit all the TIF money to personal favorite projects.  Substantial TIF dollars have now been diverted to finance the ever increasing capital requirements of the Library and City Hall in lieu of using the money to attract businesses that in turn pay sales taxes that in turn could have paid for the Library and City Hall in the future.  By the way, all debts were done with General Obligation Bonds with NO vote of the citizens, backed by your personal home property taxes.  All Colleyville taxpayers are stakeholders in the Village and now, to a much lesser extent, the Town Center. 

Just as a side note, do you think your school district taxes are pretty high?  Here is a question, how would you feel if you knew that millions of dollars of your school district taxes were used to build Grapevine's City Hall? I am sure when residents of adjacent cities, paying taxes to GCISD, actually realize that their tax dollars have help build Colleyville's Library and City Hall, there will be some tough questions to answer.  Part of the TIF agreement did include the payback of $8 million of the $35 million to help retire the last GCISD Bond Issue, however since the TIF began in 2000, GCISD has not received one penny toward retiring that debt from Colleyville's TIF District. 

The TIF was to be used to make Colleyville's commercial downtown center a destination location.  It was NOT to put it sewers, roads and cover basic costs that should have been the developer's responsibility. In other words, the funds were to provide amenities that a developer might not be able to justify from a ROI approach.  The funds WERE to ENHANCE the architecture of building, provide open areas, and yes, build fountains.  In fact, part of the concept was to construct a $2 million interactive Plaza in the middle of downtown.  If you may, a Mustangs of Las Colinas for Colleyville. We would attract shoppers to our city to also see and enjoy our amenities.

You can drive through the Village and marvel at the narrow streets, no parking and sewer system.  However, I am very certain these attractions are not likely to make Colleyville an icon for new shoppers.  Which is of a concern considering, if the Village does not create at least $75 million in property values, your home property taxes is the stop gap.  Of course, the already limited area of the Village is now limited even more with a huge library and city hall, which diminishes the potential of the very project that is supposed to pay for these public edifices. 

Those who voted against me about this issue can feel comfortable with their decision.  After seeing the plans, the park and understanding how critical this project was to a number of senior citizens, I would have voted for the project.  I dare say that many who were fooled into thinking the Collins project was a "big box", would not object to the real plans for the site.  In fact, a recent study in Garland concluded that the Neighborhood Market offered value to shoppers that resulted in a 38% to 42% savings over the same items at Kroger's and Albertson's.

The rejection of the Collins project rung out like the shot heard around the retail world.  The most damaging aspect was not that Colleyville would oppose a "big box" Super Wal-Mart, but that the citizens were fooled by their elected officials. Knowing how difficult it is to do business in Colleyville, developers virtually stared at Colleyville in disbelief as the Collins project went down in flames.  The general feeling was if the elected officials would misrepresent the project intentionally, what chance did any developer have to make an honest presentation of their plans?
You can't fight city hall, especially when elected officials can use the bully pulpit to virtually incite a riot.  There was NEVER a rational public discussion of the pros and cons of this project.

One source told me that the Wal-Mart corporation is not one of the largest and most successful in the world by being bullied by small town tyrants.  I was told that the city would simply be surrounded by Wal-Mart's presence, but not enjoy any tax dollars.  By golly, when Sam's is completed on Hwy 26 in Grapevine, the encirclement is complete.  Super Target out rushed Wal-Mart to Glade Road so Wal-Mart apparently felt short one Super store.  But the promise has been fulfilled, there is a Wal-Mart entity on every corner of the city sucking huge tax dollars out of Colleyville. 

The primary reasons Colleyville can't find new tenants are:
1.) Anti-business reputation and history of elected officials misrepresenting projects for their personal political gain during elections.  
2.) Constant rhetoric from city elected officials that they "don't want people driving through their town".  Although adjacent city residents ARE going to drive through Colleyville, the city is still a part of the State of Texas, County of Tarrant with free access of roads.
3.) Poor traffic flow options.
4.) No ability to use TIF $ as incentives, the funds are already committed. 
5.) Attractive locations in adjacent cities where the retailer does not have to face a hostile  process AND they will get Colleyville shoppers anyway.
6.) A recent history of declining sales taxes that detour potential retailers from even considering Colleyville. No retailer wants to get into a long term commitment in a declining commercial area.

3.) Hwy 26 Expansion: It is amazing to me that the same elected officials that decry any improvement, such as adding a turn lane to a city road, exuberantly embrace the expansion of Hwy 26 to a six lane, median burdened, super highway.  The effort is virtually controlled by the state, yet is costing $5 million of the city's TIF funds.  Somehow this expansion is supposed to help Colleyville businesses?  The ability to have multiple lanes to more quickly get through town with the inability to easily make turns is a preferred solution?  The overhead utilities WILL NOT be buried because that would cost another $13 million.  Some of the intersections will have brick designs, but who will see them?  Not likely to have many pedestrians walking down a major highway with no sidewalk.  A better solution would be a much less expensive turn lane down the entire length of Hwy 26, improvements to the signal light coordination and elimination of bar ditches.  Spend the $5 million to enhance the beauty and make it safer to access Hwy 26 businesses.  Instead, there is about to be launched three years of sheer construction terror for businesses and pure hell for commuters.  I thought Colleyville citizens did not want to build roads simply to have folks cut through the city!  Well guess what, your elected officials have embraced the mother of all pass through roads.  I would suggest this program be stopped in its tracks with a solution less expensive and more practical for Hwy 26 businesses.  Otherwise, things are going to get a lot worse and may never get better for some.

4.) Support City Wide Events: The first Celebrate Colleyville in 1999 drew 5,000 people.  It was so successful the council decided to establish a marketing position with the direction of making the function into a city-wide event.  In addition, the position was to be directed to work with local businesses to increase communication with the city. A summer Bar-B-Que event was also to be explored.  The position was hired after the 2000 election and the job function changed.  These events need a full time coordinator to plan out the activities, direct citizens obtaining sponsorships and involve commercial enterprises throughout the city. There has been an obvious lack of enthusiastic support from the chamber and previous Mayor Arp.  The singular reason has to be the founder of the event, Nelson and Jamie Thibodeaux. Get over it!  Lets expand our attractions like other cities.  Instead the event originally planned for two days has been squeezed down to three hours.  A full court press should be made to establish successful events in the city.  They will benefit our businesses, that in turn benefit sales taxes and finally helps bond a community together. The marketing efforts should replace any thought that a local chamber with about 72% membership outside the city is likely to be the best cheerleader for Colleyville businesses.  The city must take the lead with its own businesses and not spend another dime with a chamber more interested in fund raising to pay their executives than promoting Colleyville business.

5.) Restore Citizens Committees:  While on city council, I initiated the Citizens Committee for Economic Development.  Every applicant was invited to join.  The result was open discussions with many ideas.  A spirit of getting something done amongst a diverse group became the underlying theme.  The result of this committee was the decision to move forward on the Tax Increment Financing District, as well as, the initial approval of the Village at Colleyville plans.  The last three years citizens committees have been non-existent or stacked with individuals considered not a political threat to the existing elected officials.  The results have been as expected.

This is exactly what we don't want to do.  This question drives to the heart of why the failure to properly utilize the TIF funds is such a travesty. This is WHAT the funds should have encouraged.  That is, upgraded building materials, design,  and landscaping AND the city could encourage the process through future rebates via the TIF.  The city council should have been conservative with TIF commitments and been in a position to get more impact over a larger area of the district.

Roof lines and the minimal aesthetics required under the code would not be a tough sale, when the city was stepping up leading by example.

The problem is Colleyville has a reputation as having inconsistent city government (election every two years, typically out with the old and in with the new.  The only council member with more than one year is Ginny Tigue.  Ms. Tigue is not perceived as a friendly by most commercial developers.)  The ability to discuss rational solutions has been drowned out by screams of "big box, big box, 4 lane, 4 lane."  Talk to any commercial developer, other than Richard Myers and Raman Chandler, and solicit their perception of Colleyville.  If you think quality businesses should come to Colleyville, I predict you will not be happy.