Then the agent signed it under the words, “I UNDERSTAND AND AGREE that if any fact stated in this Declaration is false, the City may void any permit(s) issued by the City for the Project, and the City may order the Owner or its successor to remove all or part of the Project at my or our own expense. I declare under penalty of perjury the foregoing is true and correct.”
Serious Lack of Attention to Detail for Legal Doc
See the signed document below with red highlights added to help focus on the mistakes.
Mistakes in owners’ declaration of support.Red emphasis added.
So what should the right entries have been?
The Plat, HCAD and Deed all say “W Massey” not “S Massey.”
Address is Laurel Springs Lane, not Road.
Laurel Springs Lane is in Kingwood, not Huffman.
77339 is a zip code, not the name of the owner.
Detail from approved plat.Note name of original survey in red highlighted area.
Symptomatic of Other Mistakes?
You would have to be in a particularly uncharitable frame of mind to impose sanctions based on the careless mistakes above. But they show a distinct lack of attention to detail that raises more serious questions about all of the plans and potential mistakes in other documents.
This does not inspire confidence. But it should inspire an investigation into the details of all the plans and how they got approved.
Two Site Plans Show 24% Difference in Number of RV Spots
That’s a 24% increase in the amount of impervious cover. And that could seriously affect drainage calculations. But the permit still calls for 182.
The drainage mitigation plans do not specify how many spots the drainage calculations are based on. What’s the final number?
This could be one of the reasons why the developer and contractor refuse to meet with neighbors to discuss their plans. Do they know of flaws in other docs, too?
Cavalier Attitude to Penalties of Perjury
Geez! This developer does not pay much attention to detail under possible penalties of perjury, project cancellation and personal financial ruin. I wonder how many mistakes other documents contain that don’t carry those penalties.
The person who filed the Declaration of Support for the permit is Leslie B. Mickelis. Mickelis lists her address as 12320 Barker Cypress, Suite 600. That’s a PostNet store. According to the Secretary of State, Mickelis operated a company called Texas State Permits LLC, which lost its right to do business in Texas due to a tax forfeiture in 2009.
All of this raises serious questions of public safety and concern.
We need Houston Public Works – or a neutral third-party engineer – to review the plans from beginning to end for consistency and accuracy.
Posted by Bob Rehak on 11/6/2021and updated with additional information about Mickelis on 11/7/2021 thanks to a tip from Daryl Lombard
1530 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/11/Flaws-in-App-copy.png?fit=1200%2C766&ssl=17661200adminadmin2021-11-05 23:22:122021-11-07 12:59:45Multiple Mistakes Found in Supporting Doc for RV Park Permit App. What Lurks in Others?
The primary contractor responsible for building the Kingwood area’s first RV Park has six tax forfeitures in his past. And the Secretary of State indicates that he has not filed public information reports (PIRs) associated with Texas franchise tax since 2019 for two more of his companies involved in developing the RV park. They are Higbie Ventures LP and Higbie Ventures of Texas, Inc.
The most recent PIRs on file with the Texas Secretary of State are dated April and September of 2019, more than two years ago.
Filing PIR reports is an annual requirement in Texas for business entities.
According to the Secretary of State’s database, Higbie Ventures, LP has not filed a PIR beyond 2019. Note also that the partnership previously forfeited its right to do business in Texas for seven years due to non-filing of reports (see below). However, it was later reinstated.
Note gap between 2009 and 2016. Screen capture from TX SOS Direct on 10/28/21.
I called the Texas Secretary of State (SOS) to confirm that the department’s records for Higbie were current. The lady I talked to said they were, but urged me to call the State Comptroller’s office to see if a new batch of updates was coming soon.
The State Controller’s office could not tell me when new updates were being sent to the Secretary of State. She also refused to discuss the company’s filing history except to say that their status was currently “active.”
The Comptroller’s office, however, did confirm that companies and partnerships had to file PIRs every year. No one could explain the contradiction between active status and apparent non-filing.
Higbie Ventures of Texas, Inc. the Primary Operator At Construction Site
The Texas Commission on Environmental Quality (TCEQ) Stormwater Pollution Prevention Permit at the Laurel Springs RV Park construction site shows Higbie Ventures of Texas, Inc. as the primary operator of the construction site.
Permit posted on Construction Site as of 10/29/21.
Yet this company’s most recent PIR was filed in September 2019 according to the Secretary of State.
Screen Capture from Texas SOS Direct website on 10/30/2021shows no reports filed for 2020 or 2021. Reports are due by May 15.
It’s unclear why Higbie or the owners needed more than one Higbie entity involved in this job.
13 Higbie Companies, Six Tax Forfeitures, One PO Box
Texas Secretary of State records show that William S. Higbie has started at least 13 companies or partnerships in Texas. Five are still active. They include:
Higbie Ventures, LP (formed 2003)
Higbie Ventures GP, LLC (formed 2003)
Higbie Ventures of Texas, Inc. (formed 2010)
Cherry Branch Enterprises LLC (formed 2006)
Higbie Residential Ventures of Texas, Inc. (formed 2014)
Higbie lost six in tax forfeitures and voluntarily dissolved two others. They include:
Higbie Builders GP, LLC (Tax Forfeiture 2006, later reinstated)
Zentrum Construction Company (Tax Forfeiture – 2007 )
WM-GP, Inc. (Tax Forfeiture –2007)
1318 GP, Inc. (Tax Forfeiture – 2007)
1318 Birdsall LTD (Tax Forfeiture – 2009)
Birdbath GP, Inc. (Tax Forfeiture – 2009)
Higbie Roth, Inc. (Voluntarily dissolved – 2002)
Higbie Roth Construction Company (Voluntarily Dissolved – 2013)
Higbie may have other business interests in Florida that are not shown here.
No Offices Currently Listed for Higbie
Eight of the 13 Higbie entities above are or were registered to PMB 1007 (Private Mail Box 1007) at 3733 Westheimer. Google Street View shows a Post & Parcel store there.
Higbie uses that same box for ALL of his active companies or partnerships in Texas.
This may indicate that none of Higbie’s Texas companies has a regular office.
Apparently, No Websites Either
At this time, Higbie does not appear to have a website of his own or for any of his ventures. I cannot find one.
A website called HigbiePlans.com DOES exist, but Higbie has no company by that name. Nor is one registered in the State of Texas.
A footnote on the HigbiePlans website says, “Online planroom powered by ReproConnect and Best Blue Print.” WhoIs.com shows that Best Blue Print actually owns the domain called “HigbiePlans.com.” To boost its own business, Best Blue Print appears to host websites like HigbiePlans as a courtesy to architects, builders, contractors, and others who may require prints of oversized files.
The HigbiePlans.com pages for Higbie Ventures shows one phone number that has been handed down from one Higbie company to another over the years, according to Google searches.
Very little information can be found about William S. Higbie or his organizations online.
Primary Operator?
The TCEQ permit posted at the RV park job site shows that Higbie Ventures of Texas, Inc. is the primary operator.
Another company, A&M Contractors, appears to be doing the actual work which the TCEQ thinks Higbie is doing and which Higbie purchased the permits for.
Signs on construction equipment at the site show that A&M Contractors appears to be doing the work that Higbie’s companies obtained permits for.
While it is not unusual for companies in the construction business to hire subcontractors, it is unusual for an owner of a site to hire two (or three) companies to do the same thing. That runs up costs without adding value. And RV Parks are among the most cost-sensitive types of construction, according to developers I interviewed for this post.
Low Profile, High Failure Rates
I’m not alleging anything illegal or even unethical about Higbie or his organizations.
He just keeps an exceedingly low profile for a business man. And he has an exceedingly high failure rate. His Texas business ventures have failed at an alarming 62% rate.
Eight of his 13 entities in Texas have gone out of business, and six of the eight were lost to tax forfeitures.
In construction, when large dollars are at risk, that’s not the kind of track record that inspires confidence among lenders and investors.
Several Lakewood residents say they have tried to meet with Higbie about the RV park, but that Higbie doesn’t answer his phone. No wonder he’s so successful.
Will the real William S. Higbie please stand up?
Next, more on the owners of the RV Park. They operate more than 100 different companies.
Posted by Bob Rehak on 11/4/2021
1529 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/11/Screen-Shot-2021-10-28-at-10.08.03-AM.png?fit=2478%2C896&ssl=18962478adminadmin2021-11-05 01:27:422021-11-05 10:23:26Contractor Behind Kingwood’s First RV Park Has Six Tax Forfeitures In His Past
Morgan Lumbley, Montgomery County’s Disaster Recovery Manager, will hold community outreach meetings in Spring, Conroe and Splendora in the next 10 days to explain buyout options for flood victims. “It is my hope that through positive engagement we can provide the ability for homeowners to relocate out of harm’s way,” said Lumbley.
See specifics about times, dates and places in the poster below.
Anybody in Montgomery County may attend any meeting. Choose the most convenient.
The primary purpose of the meetings will be to explain FEMA’s 2021 Flood Mitigation Assistance (FMA) program, but Lumbley will also explain HUD’s Community Development Block Grant Disaster Recovery (CDBG-DR) buyout program.
If you’re a Montgomery County resident and you’ve ever wondered whether you qualified for a buyout, whether you could get fair compensation for your home, or how you could apply, these meetings are for you.
The meetings will cover:
Who qualifies (eligibility requirements)
For which type of assistance (FEMA vs. HUD)
How long it takes
The application process
How homes are valued
How to get help filling out the forms if you need it
Importance of Meetings and Timing
Lumbley described the meetings as community outreach. She needs to identify properties owners interested in buyouts and determine their eligibility. Once she does that, she will apply to FEMA for an FMA grant (Flood Mitigation Assistance) equal to the total value of all homes that quality.
The application process happens once a year. If interested, learn how to apply now.
The FEMA Flood Mitigation Assistance Grant basically has two requirements.
It has to be a severe repetitive loss or a just a repetitive loss property, as indicated by the National Flood Insurance Program (NFIP).
You must currently have a NFIP policy backed by FEMA. Private insurance is not eligible.
Lumbley cautions that getting a buyout can take years. “It’s not a tomorrow-type thing,” she said. “We may not have anything final for another year and a half to two years. So we’ll talk about that first. Then realizing that some may not qualify for FEMA’s program, we will also talk about HUD buyouts.”
FEMA Applications Due Back November 15th
Once Lumbley determines the number of homes that meet requirements, she will build a budget around those eligible homes. “We are basically saying to FEMA, ‘If you give us this money, these are the homes that we’re going to buy out. That’s how we establish the budget.”
“It all comes down to how many eligible individuals want to participate,” said Lumbley. “We will submit the county’s application to FEMA with five or a 100 homes.”
Definitions of Repetitive Loss and Severe Repetitive Loss
“Very specific definitions exist for repetitive loss and severe repetitive loss properties,” she said. “A repetitive loss property has had flood related damage on two occasions in which the cost of repairs averaged together equal or exceed 25 percent of the market value of the structure – at the time of the floods.Severe repetitive loss properties have had four or more separate floods, with each claim being $5000 or more. And at least two of those claims have to be within a 10 year period.”
“Another way to qualify as a severe repetitive loss is to have at least two separate NFIP claims that that total more than the market value of the structure,” she added.
Valuation
“We will write the county’s 2021 FEMA grant application to reflect current market value of homes. If FEMA approves that, applicants would get whatever the competitive open market value is on the day that the appraiser goes out to appraise it.”
HUD grants are based on pre-disaster valuation. “So it goes back to the disaster on which funding is based,” said Lumbley. “We’re currently working off the 2015/2016 floods and Hurricane Harvey. So what value did the home have before the storm hit, minus any funding that the owner might have received that did not go back into the home as it was intended?”
Eligible Years Vary by Type of Grant
Community Development Block Grants from HUD are disaster specific. So to be eligible for a HUD grant, you must have been damaged during one of those ‘funded storms,’ such as 2015, 2016 or Harvey.
But FEMA FMA grants are not disaster based. So as long as you have a current NFIP backed flood insurance policy and you meet the definitions of repetitive loss or a severe repetitive loss, you could to be eligible. For instance, maybe you flooded four times in 1978, 1982, 1994 and 2001.”
it gets complicated. If you’re interested in a buyout, the time to explore it is now – at one of these meetings – and the person to ask is Lumbley.
If you know someone interested in a buyout, make sure he/she attends one of these meetings. Please share this post with others in Montgomery County.
Posted by Bob Rehak on 11/3/2021 based on information from Morgan Lumbley
1527 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/11/20211027-image0.jpg?fit=1200%2C1006&ssl=110061200adminadmin2021-11-03 18:41:462021-11-03 20:23:45Montgomery County Holding Three Meetings for Flood Victims Interested in Buyouts
Multiple Mistakes Found in Supporting Doc for RV Park Permit App. What Lurks in Others?
In a Declaration of Support for a building permit application, an agent for the owners of the Laurel Springs RV park made four crucial mistakes. They included the wrong:
Then the agent signed it under the words, “I UNDERSTAND AND AGREE that if any fact stated in this Declaration is false, the City may void any permit(s) issued by the City for the Project, and the City may order the Owner or its successor to remove all or part of the Project at my or our own expense. I declare under penalty of perjury the foregoing is true and correct.”
Serious Lack of Attention to Detail for Legal Doc
See the signed document below with red highlights added to help focus on the mistakes.
So what should the right entries have been?
Symptomatic of Other Mistakes?
You would have to be in a particularly uncharitable frame of mind to impose sanctions based on the careless mistakes above. But they show a distinct lack of attention to detail that raises more serious questions about all of the plans and potential mistakes in other documents.
Two Site Plans Show 24% Difference in Number of RV Spots
For instance, even a cursory reading revealed that the developer submitted one site plan calling for 182 RV spots, and another at a later date calling for 226.
That’s a 24% increase in the amount of impervious cover. And that could seriously affect drainage calculations. But the permit still calls for 182.
The drainage mitigation plans do not specify how many spots the drainage calculations are based on. What’s the final number?
This could be one of the reasons why the developer and contractor refuse to meet with neighbors to discuss their plans. Do they know of flaws in other docs, too?
Cavalier Attitude to Penalties of Perjury
Geez! This developer does not pay much attention to detail under possible penalties of perjury, project cancellation and personal financial ruin. I wonder how many mistakes other documents contain that don’t carry those penalties.
The person who filed the Declaration of Support for the permit is Leslie B. Mickelis. Mickelis lists her address as 12320 Barker Cypress, Suite 600. That’s a PostNet store. According to the Secretary of State, Mickelis operated a company called Texas State Permits LLC, which lost its right to do business in Texas due to a tax forfeiture in 2009.
All of this raises serious questions of public safety and concern.
We need Houston Public Works – or a neutral third-party engineer – to review the plans from beginning to end for consistency and accuracy.
Posted by Bob Rehak on 11/6/2021 and updated with additional information about Mickelis on 11/7/2021 thanks to a tip from Daryl Lombard
1530 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Contractor Behind Kingwood’s First RV Park Has Six Tax Forfeitures In His Past
The primary contractor responsible for building the Kingwood area’s first RV Park has six tax forfeitures in his past. And the Secretary of State indicates that he has not filed public information reports (PIRs) associated with Texas franchise tax since 2019 for two more of his companies involved in developing the RV park. They are Higbie Ventures LP and Higbie Ventures of Texas, Inc.
Filing PIR reports is an annual requirement in Texas for business entities.
Below are the roles played by Higbie Ventures LP and Higbie Ventures of Texas, Inc. in the RV park next to Lakewood Cove.
Higbie Ventures LP Obtained COH Permits
Higbie Ventures LP obtained many, but not all, of the construction permits for the project from the City of Houston. They include permits for construction, clearing, grading, sitework, utilities, concrete and more. (For the full list, search by JOB ADDRESS on the Houston Permitting Center Website. Use 1355 LAUREL SPRINGS LN 77339).
According to the Secretary of State’s database, Higbie Ventures, LP has not filed a PIR beyond 2019. Note also that the partnership previously forfeited its right to do business in Texas for seven years due to non-filing of reports (see below). However, it was later reinstated.
I called the Texas Secretary of State (SOS) to confirm that the department’s records for Higbie were current. The lady I talked to said they were, but urged me to call the State Comptroller’s office to see if a new batch of updates was coming soon.
The State Controller’s office could not tell me when new updates were being sent to the Secretary of State. She also refused to discuss the company’s filing history except to say that their status was currently “active.”
The Comptroller’s office, however, did confirm that companies and partnerships had to file PIRs every year. No one could explain the contradiction between active status and apparent non-filing.
Higbie Ventures of Texas, Inc. the Primary Operator At Construction Site
The Texas Commission on Environmental Quality (TCEQ) Stormwater Pollution Prevention Permit at the Laurel Springs RV Park construction site shows Higbie Ventures of Texas, Inc. as the primary operator of the construction site.
Yet this company’s most recent PIR was filed in September 2019 according to the Secretary of State.
It’s unclear why Higbie or the owners needed more than one Higbie entity involved in this job.
13 Higbie Companies, Six Tax Forfeitures, One PO Box
Texas Secretary of State records show that William S. Higbie has started at least 13 companies or partnerships in Texas. Five are still active. They include:
Higbie lost six in tax forfeitures and voluntarily dissolved two others. They include:
Higbie may have other business interests in Florida that are not shown here.
No Offices Currently Listed for Higbie
Eight of the 13 Higbie entities above are or were registered to PMB 1007 (Private Mail Box 1007) at 3733 Westheimer. Google Street View shows a Post & Parcel store there.
Higbie uses that same box for ALL of his active companies or partnerships in Texas.
This may indicate that none of Higbie’s Texas companies has a regular office.
Apparently, No Websites Either
At this time, Higbie does not appear to have a website of his own or for any of his ventures. I cannot find one.
A website called HigbiePlans.com DOES exist, but Higbie has no company by that name. Nor is one registered in the State of Texas.
A footnote on the HigbiePlans website says, “Online planroom powered by ReproConnect and Best Blue Print.” WhoIs.com shows that Best Blue Print actually owns the domain called “HigbiePlans.com.” To boost its own business, Best Blue Print appears to host websites like HigbiePlans as a courtesy to architects, builders, contractors, and others who may require prints of oversized files.
The HigbiePlans.com pages for Higbie Ventures shows one phone number that has been handed down from one Higbie company to another over the years, according to Google searches.
Very little information can be found about William S. Higbie or his organizations online.
Primary Operator?
The TCEQ permit posted at the RV park job site shows that Higbie Ventures of Texas, Inc. is the primary operator.
According to the TCEQ, a primary operator has operational control of a construction site. However, I have yet to see a Higbie logo on a truck out there. Or a Higbie logo anywhere!
Another company, A&M Contractors, appears to be doing the actual work which the TCEQ thinks Higbie is doing and which Higbie purchased the permits for.
While it is not unusual for companies in the construction business to hire subcontractors, it is unusual for an owner of a site to hire two (or three) companies to do the same thing. That runs up costs without adding value. And RV Parks are among the most cost-sensitive types of construction, according to developers I interviewed for this post.
Low Profile, High Failure Rates
I’m not alleging anything illegal or even unethical about Higbie or his organizations.
He just keeps an exceedingly low profile for a business man. And he has an exceedingly high failure rate. His Texas business ventures have failed at an alarming 62% rate.
In construction, when large dollars are at risk, that’s not the kind of track record that inspires confidence among lenders and investors.
Several Lakewood residents say they have tried to meet with Higbie about the RV park, but that Higbie doesn’t answer his phone. No wonder he’s so successful.
Will the real William S. Higbie please stand up?
Next, more on the owners of the RV Park. They operate more than 100 different companies.
Posted by Bob Rehak on 11/4/2021
1529 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Montgomery County Holding Three Meetings for Flood Victims Interested in Buyouts
Morgan Lumbley, Montgomery County’s Disaster Recovery Manager, will hold community outreach meetings in Spring, Conroe and Splendora in the next 10 days to explain buyout options for flood victims. “It is my hope that through positive engagement we can provide the ability for homeowners to relocate out of harm’s way,” said Lumbley.
See specifics about times, dates and places in the poster below.
The primary purpose of the meetings will be to explain FEMA’s 2021 Flood Mitigation Assistance (FMA) program, but Lumbley will also explain HUD’s Community Development Block Grant Disaster Recovery (CDBG-DR) buyout program.
If you’re a Montgomery County resident and you’ve ever wondered whether you qualified for a buyout, whether you could get fair compensation for your home, or how you could apply, these meetings are for you.
The meetings will cover:
Importance of Meetings and Timing
Lumbley described the meetings as community outreach. She needs to identify properties owners interested in buyouts and determine their eligibility. Once she does that, she will apply to FEMA for an FMA grant (Flood Mitigation Assistance) equal to the total value of all homes that quality.
“If we get awarded a grant,” said Lumbley, “those are the properties that we look to purchase first. Others may be considered only if someone drops out of the process.”
FEMA Requirements Explained at Meeting
The FEMA Flood Mitigation Assistance Grant basically has two requirements.
Lumbley cautions that getting a buyout can take years. “It’s not a tomorrow-type thing,” she said. “We may not have anything final for another year and a half to two years. So we’ll talk about that first. Then realizing that some may not qualify for FEMA’s program, we will also talk about HUD buyouts.”
FEMA Applications Due Back November 15th
Once Lumbley determines the number of homes that meet requirements, she will build a budget around those eligible homes. “We are basically saying to FEMA, ‘If you give us this money, these are the homes that we’re going to buy out. That’s how we establish the budget.”
“It all comes down to how many eligible individuals want to participate,” said Lumbley. “We will submit the county’s application to FEMA with five or a 100 homes.”
Definitions of Repetitive Loss and Severe Repetitive Loss
“Very specific definitions exist for repetitive loss and severe repetitive loss properties,” she said. “A repetitive loss property has had flood related damage on two occasions in which the cost of repairs averaged together equal or exceed 25 percent of the market value of the structure – at the time of the floods. Severe repetitive loss properties have had four or more separate floods, with each claim being $5000 or more. And at least two of those claims have to be within a 10 year period.”
“Another way to qualify as a severe repetitive loss is to have at least two separate NFIP claims that that total more than the market value of the structure,” she added.
Valuation
“We will write the county’s 2021 FEMA grant application to reflect current market value of homes. If FEMA approves that, applicants would get whatever the competitive open market value is on the day that the appraiser goes out to appraise it.”
HUD grants are based on pre-disaster valuation. “So it goes back to the disaster on which funding is based,” said Lumbley. “We’re currently working off the 2015/2016 floods and Hurricane Harvey. So what value did the home have before the storm hit, minus any funding that the owner might have received that did not go back into the home as it was intended?”
Eligible Years Vary by Type of Grant
Community Development Block Grants from HUD are disaster specific. So to be eligible for a HUD grant, you must have been damaged during one of those ‘funded storms,’ such as 2015, 2016 or Harvey.
But FEMA FMA grants are not disaster based. So as long as you have a current NFIP backed flood insurance policy and you meet the definitions of repetitive loss or a severe repetitive loss, you could to be eligible. For instance, maybe you flooded four times in 1978, 1982, 1994 and 2001.”
it gets complicated. If you’re interested in a buyout, the time to explore it is now – at one of these meetings – and the person to ask is Lumbley.
For more information, visit the Recovery MXTX page on Facebook.
If you know someone interested in a buyout, make sure he/she attends one of these meetings. Please share this post with others in Montgomery County.
Posted by Bob Rehak on 11/3/2021 based on information from Morgan Lumbley
1527 Days since Hurricane Harvey