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Plan to Join Us!! VOR 2007 Annual Meeting and Washington Initiative. See -
http://www.vor.net/VORAnnualMeeting2007.htm for complete details, including
a registration form.
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VOR is the only national organization advocating for a full range of
residential and support options for people with mental retardation,
including Medicaid-certified Intermediate Care Facilities for the Mentally
Retarded (ICFs/MR) and home and community-based care. VOR supports choice.
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VOR Weekly E-Mail Update
April 13, 2007
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The Center Serving Persons with Mental Retardation Needs Your Help
1. Summary Background Information
2. You can help! Sign an Online Petition!
3. APRIL 11 - Big law firm helps center for mentally retarded in lease
fight
4. MARCH 23 - The City of Houston notifies The Center of plans to seize the
West Dallas campus
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1. Summary Background Information
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In Texas, news reports recently announced that the City of Houston plans to
seize the property of The Center Serving Persons with Mental Retardation
and sell it to the highest bidder. The Center has 56 years remaining on
its original 99-year lease, but the City now says the lease is invalid and
wants
the organization to move. The Center provides a home, work, and community
for more than 600 people with mental retardation every day, including 180
residents. Articles detailing this situation are provided below.
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2. You can help! Sign an Online Petition!
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Please help me SAVE THE CENTER! Go to their website at
www.savethecenter.org to sign a petition and learn what else you can do to
help. It also contains the contact information for the Mayor and City
Council members, and I would urge you to let them know how upset you are by
their intention to oust this wonderful organization. It's going to take all
of us pulling together to make sure that people with mental retardation
continue to have opportunities for growth and community involvement in
Houston. Please help -- The Center Serving Persons with Mental Retardation
and the broader advocacy community supporting choice need your help - I
known we can count on you. Just access the website and lend your name in
support by signing the petition. Thank You!
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3. APRIL 11: Big law firm helps center for mentally retarded in lease fight
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Summary: This article emphasizes the good momentum the families and others
supporting the Center are now enjoying. Relatedly, on April 10, Houston
Public Radio covered a rally at City Hall to save the center. This report
noted that both sides, the city and The Center, now expect negotiations
will
help resolve the dispute.
Big law firm helps center for mentally retarded in lease fight
By MELANIE MARKLEY
Houston Chronicle
April 11, 2007
A major Houston law firm has agreed to represent the Center Serving Persons
with Mental Retardation pro bono in its fight to remain on prime city
property near River Oaks.
Baker Botts lawyer Irv Terrell confirmed Tuesday that his firm volunteered
to represent the center after reading that city officials had declared the
facility's 99-year lease invalid and were considering selling the land.
"We think the center should stay exactly where it is and continue to
provide the services it is providing, and we hope the city agrees with
that," Terrell said.
Also, a former city attorney who negotiated long-term agreements with other
nonprofits in the early 1960s said the city contracts at the time were
viewed more as service agreements rather than landlord-tenant leases, which
the city charter limits to no more than 30 years.
John Wildenthal, who was city attorney for former Mayor Louie Welch from
1964-66, said he wasn't involved in the 1963 agreement with the center but
negotiated others that allowed nonprofits to lease land for $1 a year in
exchange for providing much-needed social services.
Wildenthal said the city agreed to long-term contracts to allow the
charitable organizations time to invest in facilities.
"My opinion is that these services were much more valuable to the citizens
than the rent would produce on a landlord-tenant basis or a one-shot sale
where you spend the money and it's gone," Wildenthal said.
4,700 sign online petition
But Assistant City Attorney Dennis Alexander said the agreement with the
center has all the characteristics of a standard lease, which is limited by
the charter. What's more, city officials argue, the charter also restricts
service contracts to no more than five years.
In declaring the center's lease invalid, Mayor Bill White has said the
nonprofit's board members must pay rent that is more in line with the
land's market value if they want to remain there. Center officials say they
can't afford market-value rent, although no definite figure has been
discussed.
In an outpouring of support for the center, some 4,700 people have signed
an online petition protesting the city's move. And U.S. Rep. Sheila Jackson
Lee visited the center last week to express support.
"It has to be a choice of humanity over money," said Jackson Lee,
D-Houston.
Rally at City Hall
On Tuesday, about 200 supporters and residents of the center rallied
outside City Hall, carrying signs and chanting "save the center" before
packing the council chambers and cheering the five who spoke on their
behalf.
"The center is so important," said Elizabeth Deluca, the mother of a
9-year-old child with profound mental retardation. "I don't expect you to
understand unless you walk an inch in our shoes."
White said he is meeting with representatives of the center and is working
hard to bring the matter to a resolution.
But he said it's not fair for the city to give special treatment to one
group while denying similar privileges to others.
Still, White said the city does value the center and the work it does for
people in the community with special needs.
Councilman Adrian Garcia said he's confident that city leaders will find an
acceptable solution.
But if the center and the mayor fail to reach an agreement, he said, he
cannot vote to sell the property and force the nearly 200 residents to
move.
Councilman Peter Brown assured the packed room that the center has the
council's support.
"We're not going to let the center down," he said.
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4. MARCH 23: The City of Houston notifies The Center of plans to seize the
West Dallas campus.
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On March 23, 2007, Forest R. Christy, Jr., director of real estate with the
City of Houston, wrote a letter to The Center notifying us that the City
plans to sell the property we recognize as the "West Dallas campus,"
located at 3550 West Dallas. The Center was asked to sign a short term
lease of three years and agree to then leave the property. Board member
Jack Manning is chairing a task force to work through the legal issues
regarding the property on West Dallas. The task force includes Eva Aguirre,
executive director, and members of the Board of Governors and the
Foundation for the Retarded Board of Trustees. They are C. Wayne Johnson,
David Baldwin, president of the Foundation, B.Z. Lee and Chris Borreca. "We
have a 99 year lease on five acres of property, which was signed in 1963,
and which is still fully in effect. And, we have a preferential right to a
30 year
renewal on the remaining one acre," states Jack Manning. "These leases have
been honored by seven Mayors: Lewis Cutrer, Louie Welch, Fred Hofheinz, Jim
McConn, Kathy Whitmire, Bob Lanier and Lee Brown -- all of whom were able
to guide the City's financial affairs without seizing properties
utilized to serve the City's disabled population. Only Mayor Bill White has
suggested the eviction of the mentally retarded in order to enhance the
City's revenue stream."
In fact, in 2002, the City presented The Center with a renewal lease for a
term of 30 years; The Center signed the renewal lease and returned it to
the City. But, the City, despite drafting and presenting the renewal lease,
declined to sign it. C. Wayne Johnson, president of The Center's Board of
Governors was shocked when he read Mr. Christy's letter. He stated, "Over
the past two years The City has sent representatives to look at our campus
and we have been very clear that moving from this campus would be very
problematic. We were hopeful that the City of Houston would agree that the
services we provide outweigh their desire to do some real estate
housekeeping. As soon as we received Christy's letter we sought a meeting
with the Mayor."
The task force met with the Mayor on August 24, 2006 to inform him that The
Center is not willing to sign a three year lease and leave the West Dallas
property. The Center then received an additional letter from the Mayor,
dated October 25, indicating that his position remains unchanged and that
"We intend to sell this property." Following receipt of this second letter
a series of meetings with representatives of the Mayor's office has been
completely unsuccessful. The Mayor's position remains unchanged. As set
forth in Christy's most recent letter, he intends to terminate The Center
and its programs.
"We need the families that we serve and our friends and supporters to
understand the gravity of the threat we are facing," states Manning. "Our
legal rights are clear. And with the unanimous support of the Board of
Governors, we intend to resist this seizure by all available means."
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Tamie Hopp
REFERRAL/MEMBERSHIP/CONTRIBUTION FORM
THREE EASY WAYS TO SUPPORT VOR > REFER, CONTRIBUTE OR JOIN
THANK YOU FOR YOUR SUPPORT!
TO JOIN OR CONTRIBUTE: $25 per individual, $150 per family organization, or
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TO REFER SOMEONE TO VOR: Use the form below, including the additional
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Mail the completed form (if joining or contributing) with payment to:
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FOR REFERRALS: _____ You may use my name in any correspondence with this
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