AMLI Responds to the Mayor
I knew it was only a matter of time before the Mayor’s inflammatory, inaccurate and prejudicial rhetoric would catch up with the Town. Sure enough, AMLI has retained an attorney (who is also an Environmental Engineer) to address the misinformation the Mayor has been spreading both in his publications (he produces two blogs) as well in public meetings (City Council) as well as the coffees and happy hours he hosts.
The letter (below) clearly states that the TCEQ has cleared the AMLI site for residential use and AMLI has responded to ALL requests for information from the Town. It also demands that the mayor stop spreading false information about AMLI.
To say the least, I am ashamed of the way the Mayor has behaved and his attempts to hijack the proceedings at the February 14th meeting (I have previously commented on this in an earlier posting) as well as his subsequent behavior that AMLI’s letter addresses. His behavior goes beyond the pale and casts the Town in an unfavorable light. I fear that he has done significant damage to the reputation of Addison as a business friendly community and it will take significant resources to repair our reputation. This process can begin with the upcoming election by not supporting the Mayor’s slate of candidates, – Blake Clemens, Dale Wilcox, John Price and Sheila Barkofske.
I can only hope the Mayor has not put the Town in peril of having to defend a lawsuit due to his reckless behavior towards AMLI.
Paul Walden
Cynthia J. Bishop March 8, 2017
(214) 893-5646
cbishop@cbishoplaw.comMr.
Wes Pierson
City Manager Town of Addison
5300 Belt Line Road, Dallas, TX 75254
Re: AMLI Addison – Response to Mayor’s Comments on 5015 Spectrum Drive
Dear Mr. Pierson,
My firm represents AMLI Residential, and it has been brought to our attention that Mayor Todd Meier published some inaccurate information in the Addison Mayor’s Newsletter on March 4, 2017 regarding the property located at 5015 Spectrum Drive (the “Property”), raising concerns that the Property is contaminated. I am responding to clarify that (1) AMLI did not refuse to provide documents (which are also a matter of public record) to the Mayor or City Council and (2) in 2014 the Texas Commission on Environmental Quality (“TCEQ”) (the state agency tasked with protecting human health and the environment) found that the Property “is acceptable for residential land use.” Any concerns regarding withholding the report or environmental issues are unwarranted.
Mayor Meier stated in his newsletter that “AMLI has refused the staff and council request to provide a copy of the Phase 2 Environmental report” regarding the Property. I assume that he is referring to the February 19, 2014 Limited Phase II Environmental Investigation prepared by the prior owner of the Property at the time (Dallas Investment Corp). AMLI has never refused to provide a copy of the Phase II report or any other document to the City. AMLI did not commission that report and, instead, relies on the conclusions of the TCEQ after it reviewed the Phase II. On October 31, 2014, TCEQ issued a Certificate of Completion (“COC”) for the Property, declaring that the Property is suitable for residential use. I have attached a copy for reference. AMLI provided a copy of the COC to the Mayor and City Council on November 3, 2014, and AMLI answered the Mayor’s questions regarding TCEQ’s conclusions on December 7, 2014. I understand that AMLI was requesting authorization to release the Limited Phase II Environmental Investigation from Dallas Investment Corp prior to AMLI’s purchase of the Property, as due diligence information related to their transaction is confidential. In addition, these documents are a matter of public record and can be obtained from TCEQ while TCEQ’s issuance of the COC can be found online in TCEQ’s Central Registry by typing in the property address.
Having worked as an environmental attorney for over twenty years and as an environmental engineer for seven years before that, I can tell you that a COC is the “gold standard” for a property. Not only does it confirm that no additional investigation or cleanup is required, like the traditional No Further Action letter issued at many sites such as gasoline service stations and dry cleaner stores, a COC includes a liability release from TCEQ to future property owners and lenders. Accordingly, TCEQ does not issue COCs lightly and vigorously reviews the data before issuing one. AMLI relied on the TCEQ’s expertise and findings that the Property can be used for residential development, and it would be improper for the Mayor and City Council to second guess the TCEQ’s conclusions.
It is disappointing that AMLI is being characterized as withholding information and implying that the Property contains contamination, which are false and contrary to TCEQ’s findings that were provided to Town Staff, City Council and the Mayor in 2014. If you have any environmental questions or comments regarding the TCEQ’s approval for AMLI’s residential use, please contact me at 214-999-4506 or cbishop@cbishoplaw.com.
Sincerely,
Cynthia J. Bishop, P.E.