VOL 10 No. 5
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FORT BEND FAIR. BALANCED. INFORMATIVE. P. O.BOX 623, SUGAR LAND, TX 77487-0623
WEDNESDAY, FEBRUARY 1, 2017
Official newspaper of Fort Bend County & Missouri City
‘Yoga for Health’ yogathon held at Sugar Land Town Square
Participants warming up for Salutations to the Sun yoga exercise at the Sugar Land Town Square Sunday morning. On the first row, right to left, Subhash Gupta, Shekher Agrawal, Jugal Malani, Indian deputy consul-general Surendra Adhana, Sugar Land Mayor ProTem Himesh Gandhi and noted yoga teacher Robert Boustany.
County to take Firethorne development plat dispute to Texas supreme court By SESHADRI KUMAR By SESHADRI KUMAR Fort Bend County Commissioner Andy Meyers is being sued individually, and the county commissioners court as a whole along with the county engineer are being sued collectively, by a developer because Meyers asked the county engineer to hold up the plat approval process until the developer agreed to build a four-lane boulevard instead of a two-lane road in the private development. The developers of Firethorne community, in the lawsuit first filed in March 2015, alleged that Commissioner Meyers acted outside the law by demanding a four-lane road from the developer in exchange for the approval of the plats. Before proceeding with the trial, the county filed a motion in the district court saying that Commissioner Meyers enjoyed immunity and the developer did not prove that Meyers acted against the law, thus Meyers should not be sued in his individual capacity. District Judge Brady Elliott denied the county’s plea and said Meyers should remain in the lawsuit. The county appealed this decision in the Texas appellate court and the appellate court recently upheld the district judge’s ruling and remanded the issue to the trial court, suggesting the trial court should determine the if Meyers acted impermissibly as alleged by the developer. The county and Meyers are planning to file an appeal with the Texas Supreme Court next
week as the decision to sue a county commissioner in his individual capacity, based on a mere allegation, would have far reaching effect on all elected officials and could subject them to individual harassment and intimidation. Meyers alone cannot approve the plat and the county commissioners court has to do that. Making the commissioners court a party to the litigation is legitimate, and the same desired legal remedy could be obtained by the plaintiff, without suing an individual commissioner. But, the developer is bent on suing the commissioner in his individual capacity in this case. Meyers says if the plaintiff believed that he had acted illegally, then a complaint could be filed with the district attorney for an investigation and possible prosecution. Meyers does not want to go through depositions and trial, in his individual capacity, without the proof that he in fact violated any law or acted outside the statutes. Meyers pleaded in his appeal that Firethorne’s claim against him was barred by “governmental immunity.” Also, Meyers argued that nothing in the petition alleged a basis for concluding that talking to other county officials regarding county business was illegal. The appellate court observed: “We emphasize that we do not determine the merits of JDC/ Firethorne’s claims at this stage — only that the pleadings and the evidence attached to JDC/ Firethorne’s response to the plea
raise a fact issue as to whether Meyers acted without legal authority for purposes of determining the district court’s jurisdiction.” Meyers also argued in the appeal that he had a free speech right to communicate with the engineering department regarding the Firethorne development. Firethorne in its brief admits that it “does not seek to prevent Commissioner Meyers from ‘expressing’ any views regarding the propriety of an appropriate action regarding any plats. Rather Firethrone seeks to prevent Meyers from instructing the engineering department to hold or delay the plats submitted by Firethorne. “The trial court has to determine whether the elements for injunctive relief sought by Firethorne are met, but Firethorne does not seek to restrain Meyers from speaking at all to other county officials regarding the plats.” “Fort Bend County refuses to approve the plats and construction plans for Firethorne West Section 19 because Commissioner Andy Meyers improperly seeks to extract from Firethorne a commitment to construct all four lanes of a road within Firethorne development, West Firethorne Road, which is not a written, properly adopted Fort Bend County Regulation of Subdivisions,” the petitioner said in the original petition. Also, Fort Bend County “backed out” of a “binding settlement agreement” reached at See COURT, Page 3
Nearly 200 people braved the cold weather Sunday morning to participate in the “Yoga for Health, Health for Humanity Yogathon” organized by the Hindu Swayamsevak Sangh USA. The Sunday program, also known as the “Surya Namaskar Yajna,” marked the culmination of the tenth annual Yogathon where people performed Salutations to the Sun together as a community. Sugar Land Mayor ProTem Himesh Gandhi, India’s deputy consul-general Surendra Adhana, Sugar Land City Manager Allen Bogard, HSS USA president Subhash Gupta, and Patanajali Yog Peeth, Houston, coordinator Shekher Agrawal, accompanied by some of the
leading yoga teachers from the Houston area, formally lighted the lamp and inaugurated the yoga session. Gandhi, in his remarks, said health benefits of yoga were well known, but it also helped calm the mind and reduce the stress. As the City of Sugar Land promotes healthy lifestyle, he urged the gathering to adopt yoga practice in their daily life. Adhana described the event as an extraordinary experience and reminded the audience about the upcoming International Yoga Day on June 21, billed as a secular program for universal peace to be held at Discovery Green in Houston. The 16-day Yogathon event aims to create awareness about Yoga and its advantages in achieving a healthy body, mind
and spirit. The Sun Salutation integrates simple Yoga postures in 10-steps that, along with easy breathing technique, can provide immense health benefits to both the body and the mind. There is a need for relaxation of both mind and body, to either set the tone for the day or wind down after a hard day at work. Obesity among all ages including children has reached epidemic proportions causing serious health concerns. In spite of all the advancements in medicine, there is a need for alternative and adjunct options that have lesser or no side effects for the management of chronic illness and suffering. In view of the above challenges, and with the goal of See YOGA, Page 3
Safe streets for vulnerable road users in Fort Bend
First row: left to right- Annette Riley, Nicole Volek, Honorable Jacquie Baly, Adessa Ellis, Dr. Eugenia Blomstrom, Officer Rheannon Cunningham, Monique Johnson, Jennie Lidian, Curtiss Grant; Second row: Officer Brad Cole, Susan Wallace Terri Wang, Jason Wise, Mack Blankenship , Fred Rebollido, Crystal Cler McKenna; Third row: Preston Tyree, Michael A. Berezin, Chief of Police for Missouri City, Cynthia McWohorter, Mandi Bronsell, Angela Weathers, Officer Gary Foreman, Brad Thompson, David Marstiller; Fourth row Trey Jung and Stephen Cre. Shape up Fort Bend and Fort Bend Cycling Coalition members hosted a community breakfast January 9 to discuss safer streets for vulnerable road users in Fort Bend County. The Master of Ceremony for the event was Jacquie Baly, former Sugar Land Council Member and advocate for improving safety and transportation and the two keynote speakers were Preston Tyree and Police Officer Rheannon Cunningham, both from Austin. The purpose of the meeting was twofold, to start a dialogue about increased vulnerable road user’s accidents and the need for an ordinance to decrease accidents. Vulnerable road users are
defined as cyclist, motorcycles, and pedestrians. As more pedestrians, bicyclists and other motor-assisted vehicles are seen on our streets, more accidents occur. Preston Tyree is a former multi-national marketing executive, who has devoted the last 20 years to study the application of engineering principles and safety and is a nationally recognized expert in bicycle safety. Austin Police Officer Rheannon Cunningham has been an avid cyclist for over 12 years and loves just about anything that involves riding a bike, including commuting, road racing, mountain biking, and BMXing from time to time. Cunningham has combined
her passion for riding a bike with her job as an Austin Police Officer. She created APD’s first “Safe Biking Program”. She was instrumental in the implementation of the citywide undercover operations that enforce Austin’s “Safe Passing” Ordinance. The program, guided by these two experts, highlighted the need for a three-foot safe passing distance between vehicles and vulnerable road users, thus a “Vulnerable Road Users” ordinance. This ordinance would go a long way to protect the rights of vulnerable road users from being intimidated, threatened, or harassed by maneuvers of a motor vehicle. See ROAD, Page 3