Huberty Secures Another $50 Million for Lake Houston Dredging

State Representative Dan Huberty announced on Wednesday this week that he secured another $50 Million for dredging Lake Houston through a rider he attached to SB 1 – a 972 page appropriations bill – earlier this year.

Rider to SB 1 Added During Last Conference Committee

The rider actually stipulates the money will go to the Texas Water Development Board but earmarks it. The text says in part, “Water Development Board shall allocate $50,000,000 for the state fiscal biennium beginning September 1, 2021, for the purpose of providing financial assistance for removing accumulated siltation and sediment deposits throughout the San Jacinto River and Lake Houston.”

The bill became effective on 9/1 after a final conference committee, vote and the Governor’s signature. Huberty credits Chairman of the House Appropriations Committee, Greg Bonnen, Representative Armando Walle, also on the House Appropriations Committee. Huberty said, Bonnen helped it go in and Walle made sure it stayed in.

Huberty said the money will be used to keep dredging continuously as long as it lasts. The City will actually be doing the dredging (see photos below). Huberty also credits Mayor Sylvester Turner and Mayor Pro Tem Dave Martin for working to make the appropriation happen.

Where Money Will Be Used

In addition to East Fork dredging, Huberty sees the money being used to clear accumulated siltation from the mouths of inlets around the lake, such as those in Huffman, Atascocita and Walden.

Update on Status of East Fork Dredging

Shortly before sundown today, I put a drone up from Kingwood over the East Fork and captured the images below.

Looking SE toward Luce Bayou entrance to East Fork and one of two mechanical dredges currently on station.
Closer shot of same dredge. Note: all photos were taken just before sunset on Saturday night, 11/20/21.
Looking south toward Lake Houston, West Fork confluence (upper right) and FM1960 bridge in distance.
Looking North. Kingwood on left; Huffman on right.

The shot above shows you just how big this task will be. I first photographed these dredges in the East Fork on October 12. So it’s taken them roughly five weeks to excavate the sandbar between the two pontoons.

Below, you can see what the same area looked like almost a year before dredging started. The photo gives you some idea of the immensity of the task. The sand bars you see grew 4000 feet in length during Harvey and Imelda.

East Fork Mouth Bar after Imelda. Taken in December 2020, ten months before start of East Fork dredging about five weeks ago.

Josh Alberson who boats this area regularly with a shallow draft jet boat found that the depth of the river through his reach had been reduced from 17 feet before Harvey to about 3 feet after Imelda. That’s a major loss of conveyance that backed water up and contributed to flooding on both sides of the river.

Smaller tributaries exhibit similar problems, for instance Rogers Gully.

Rogers Gully mouth bar in Atascocita

Thank You Dan and God Speed

Everyone in the Lake Houston Area owes Dan Huberty a huge “thank you” for this one. Huberty, who has served in the House for 10 years, has announced his intention not to run again. Throughout his tenure, Huberty helped reform state education funding. He also passed regulation that forced sand mines to register with the TCEQ during his freshman year in 2011. God speed on the next leg of your journey, Dan.

Posted by Bob Rehak on 11/20/21

1544 days after Hurricane Harvey

Clean Sweep for RV “Resort” Owners

As of Friday morning, 11/19/21, only about a half dozen trees remained standing on the 20-acre site of what will soon become the Kingwood area’s first RV “Resort.” At this point, they will need to rename it the RV Resort and Tanning Salon. All the trees that used to provide shade will soon be replaced by concrete that will broil RV owners in the Texas sun. And when it’s raining, that concrete will accelerate runoff and exacerbate flooding – because the detention pond is designed to hold only about half of the runoff required by the current City standard.

Making Room for 226 RVs on Site Permitted for 182

Last month, the City of Houston approved plans for 226 RVs on a site permitted for 182 and the denuding of the site began almost immediately. Despite multiple irregularities in permit approvals and concerns about the drainage impact on neighboring Lakewood Cove, construction of this concrete desert is moving forward relentlessly and, some say, remorselessly.

To my knowledge, this will be the first commercial venture in the Kingwood Area directly opposite a residential neighborhood without a green-space buffer between them.

Looking north at future home of Laurel Springs RV Resort. Lakewood Cove on right. US59 cuts through upper left. Photo taken 11/19/21.

Those buffers, usually in the form of trails and greenbelts, give Kingwood its distinctive character.

However, while the RV park will be in the Kingwood Area, technically it will not be Kingwood per se. So Friendswood deed restrictions do not apply. And the property seems to have no other deed restrictions, at least none that I can find.

What Kind of Traffic Will RV “Resort” Attract?

Aside from sunbathers, what kind of people will the Laurel Springs RV “Resort” attract?

Chapter 29 of the City of Houston Code of Ordinances permits several different types of vehicles in RV Parks. They include:

  • Camping trailers for a period not to exceed 30 days in any consecutive six-month period. They may be used for sleeping and living purposes during that time.
  • Self-contained motor homes, truck campers and travel trailers with a minimum 120 SF of floor space for up to six months within any consecutive twelve-month period.
  • Motor homes, truck campers or travel trailers with a minimum 84 SF of floor space that are not self-contained for up to 30 days within any consecutive twelve-month period.
  • Travel trailers without a time limitation if connected to park utilities, water supply and sewer system. They must have at least 120 square feet of floor space for the first occupant and at least 30 square feet for each additional occupant. Other conditions such as hot water, heating, etc. also apply.

Hmmmm. That last category may be a way to get your kid into Humble ISD schools without buying a home or even renting an apartment.

I have not yet found any information about how the owners intend to market the RV Resort.

Shell Companies Behind the Project

Two men, Clay McDaniel and Richard Rainer, are responsible for developing the site. They have insulated themselves from liability with several layers of corporations.

Laurel Springs RV, LLC, managed by Rainer and McDaniel, owns the property.

But the Plat shows McDaniel as a manager and Rainer as a manager/owner.

A TCEQ permit (see below) posted at the site shows LS RV Resort, LP, is the secondary “operator” of the site. (A contractor is the primary operator; the secondary operator supervises the primary operator.) Rainer signed the LS RV Resort permit and listed himself as Manager. Laurel Springs RV, LLC is LS RV Resort, LP’s general partner.

TCEQ Permit posted at Job Site. Interesting that Rainer signed the permit 10 days before LS RV Resort, LP was officially formed.

Rainer and McDaniel also own a company called Excel Commercial Real Estate, LLC. Their website claims they offer “…diverse experience … to each detail of the real estate development, management and ownership process.”

The two founded Excel in 2005 to “conceive, design, and build income producing real estate.”

Excel’s website shows they concentrate on small strip centers, self-storage buildings, and manufactured home parks.

A search of the Secretary of State’s website shows that Rainer plays some kind of role (manager, director, registered agent, director, VP, president or governing person) in approximately 70 different entities.

McDaniel is even more prolific. The Secretary of State shows McDaniel’s name attached to more than a hundred different entities, often in multiple capacities.

Rainer and McDaniel control more than 100 different companies or partnerships.

According to one developer I talked to, the large number of companies may indicate that spinoffs are part of their business strategy. And in fact, many of the projects shown on Excel’s website are listed as “sold.”

Irony

Rainer and McDaniel list 9121 Elizabeth Road, Suite 108, Houston, TX 77055 as the address for Excel; Laurel Springs RV, LLC; and LS RV Resort LP. That property is covered with trees and on a tree-lined street…where all the trees are vertical.

The address appears to be a real office building (as opposed to a PO Box).

How ironic that all the trees on Laurel Springs RV Resort are now horizontal!

Neighbors worry about train noise, blowing dust, street damage, loss of home values and possible flooding.

Posted by Bob Rehak on 11/19/21

1543 Days after 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.

Ellis-Backed Judge Set to Hear Case on Constitutionality of Ellis Redistricting Plan

Dedra Davis, a district-court judge that Harris County Commissioner Rodney Ellis backed for election in 2018, has been chosen to hear a constitutional challenge to Harris County’s redistricting plan developed by – you guessed it – Rodney Ellis. The plan will likely give Democrats a supermajority in Commissioners Court and allow them to dictate everything from tax increases to the future of flood mitigation in Harris County.

1.1 Million Will Lose Right to Vote for Commissioners Next Year

The suit alleges that the Ellis-3 plan, by switching precinct boundaries and numerical designations – will deprive 1.1 million people of their right to vote for commissioner in the next county election. Further, the suit alleges that precinct lines could have been redrawn without depriving anyone of their right to vote.

Ellis switched numbers of Precincts 3 and 4 and moved a large part of P2 into P3. Because only even-numbered precincts will vote next year, voters in the new P3 – which includes virtually the entire Lake Houston Area – will not be able to vote for commissioners as they normally would have.

Ellis-Backed Judge Draws Ellis Case

The Honorable Judge Dedra Davis of the Texas 270th Judicial Court is a Democrat. She first ran for public office in 2018, but managed to beat Republican Judge Brent Gamble, a 20-year incumbent by 10 points – even though members of the Houston Bar Association preferred Gamble almost 3-to-1. And the Houston Chronicle strongly endorsed Gamble over Davis.

Screen capture from 2018 Bar Association poll. Did Ellis’ support tilt the scales in the other direction?

Some might call Davis’ 10-point win over a highly respected incumbent a stunning upset. But Ellis swings a lot of weight in Harris County.

Commissioner Ellis reportedly campaigned heavily for candidate Davis.

One Harris County insider who spoke on condition of anonymity said, “She is one of the judges Ellis got elected. There are several of them.” A second person sent me the photo above that shows Davis campaigning with Ellis.

Can Davis Be Impartial?

Judges don’t get to chose their cases. And this case has barely begun. The lawsuit was filed just two days ago. No rulings have yet been made according to Harris County District Clerk records. So I’m not alleging any impropriety.

Davis just had the bad luck to draw a case involving one of her biggest supporters – someone whose support likely swung her election.

According to the Texas Rules of Civil Procedure, Rule 18b, Judge Davis has a perfect out if she wants it. Rule 18b, Paragraph B states, “Grounds for Recusal. A judge must recuse in a proceeding in which:

(1) the judge’s impartiality might reasonably be questioned;

(2) the judge has a personal bias or prejudice concerning the subject matter or a party.”

Only the Honorable Judge Davis can know what’s inside her heart, but a million disenfranchised voters will be looking over her shoulder on this case and wondering whether her association with Commissioner Ellis will color her judgement.

Posted by Bob Rehak on 11/18/21

1542 Days after 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.