“It is important to note that the GLO previously reviewed the City’s Notice of Funds Availability (NOFA) 1, 2, and 3 and took no exceptions. The GLO also reviewed and approved all program guidelines before they were sent to the city council and subsequently approved. The City has operated under the GLO-approved guidelines for all issued NOFAs and will determine if changes are needed.
“Indeed, the report does not identify any violations of law, regulations or contractual provisions, as asserted by the City during the review process. The report found no conflict of interest violations of law or regulation.”
City of Houston Mayor’s Office
In essence, Turner was saying, “We were being constantly reviewed and GLO approved everything we did.”
Difference Between Guidelines and Following Them
If you took that away from the Mayor’s statement, though, you may have drawn the wrong conclusion. It’s one thing to have GLO-approved guidelines – and another to follow them. There’s often a huge difference between the way things should operate and the way they do.
A former high-level employee of HCDD who wishes to remain anonymous, told me, “You need to understand that GLO and HUD provide the only supervision of HCDD. It’s not coming from the City or City Council.”
The relationship between HCDD, the GLO and HUD has been stormy for a long time. HCDD’s Harvey recovery programs got off to such a slow start, that HUD audited them. The audit was so critical that GLO feared the state might lose future funds from HUD; HUD explicitly stated that as a possibility. That caused the GLO to offer help and increase its supervision of HCDD. And that set the tone through 2020 when GLO tried to take back Harvey relief funds – so that GLO could distribute them itself – and the City sued to keep them.
Wednesday’s blowup was simply the latest in a long line. Let’s not ignore that. This relationship has been stormy from the start.
Houston had not drawn any funds from the Hurricane Harvey grants. The city had only submitted two requests for payment to the GLO – totaling approximately $1 million out of more than $1.2 billion. GLO rejected both requests as incomplete.
HUD had concerns regarding “the city’s expenditure progress and overall financial management processes.”
The City’s compliance website did not meet HUD’s requirements.
Houston was operating at half staff (59 full-time employees; 61 more needed) and had turnover in two key positions.
“The city of Houston’s CDBG-DR program is plagued with many staff vacancies (including several key management positions), high staff turnover, slow hiring processes, and lack of effective hiring and onboarding plans for new staff.”
“The city’s procedures do not provide a clear workflow for program implementation and overall management of its CDBG-DR grant allocations.”
The City did not post details on its website of all contracts funded by HUD money as required by law.
HCDD provided inconsistent explanations of the process used to secure a major contract, and verbally confirmed that the selection was not based on a competitive process.
The City tried to seek reimbursement from FEMA for costs of a HUD program, something prohibited by statute.
HCDD did not follow record-keeping procedures for its Hurricane Harvey Homeowner Assistance Program.
Staff members worked independently and did not communicate with each other re: applications. No one individual reviewed an application for completeness.
The Mayor’s Office concluded his press release with the following:
“The City is committed, as it always has been, to transparency and improving its Housing processes.” Really?
Posted by Bob Rehak on 11/26/2021
1550 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/2019/03/Turner.jpg?fit=1500%2C1125&ssl=111251500adminadmin2021-11-26 18:02:122021-11-26 22:09:04Mayor Turner Points Finger at GLO in Latest Harvey Relief Dispute
Here’s something to give thanks for on Thanksgiving. Harris County Flood Control District (HCFCD) announced Wednesday, 11/24/21, that Sprint Sand & Clay could begin excavation of another large detention pond on the Woodridge Village property as early as November 29. Lack of detention pond capacity on the property while it was being cleared contributed to flooding hundreds of homes in Elm Grove and North Kingwood Forest twice in 2019.
Homeowners evacuating during Imelda.
Not Enough Detention Pond Capacity Existed to Meet Atlas-14 Requirements
Thus, the twice-flooded homeowners have been living in constant fear since then of every storm that passes overhead. PTSD caused some to postpone home restoration or even move away. So this should come as great news to the community.
Sprint Sand & Clay will excavate material as needed under the terms of an HCFCD E&R contract. E&R stands for Excavation & Removal. HCFCD will pay Sprint just $1000 to excavate 500,000 cubic yards. Sprint then has the right to resell the dirt to developers, contractors and road builders at market rates.
The 500,000 cubic yards should more than compensate for the 40% shortfall of detention on the Woodridge site.
Creating Extra Capacity
When Perry left the site, it had constructed 271 acre feet of detention. The site needed another 108.4 acre feet of detention pond capacity to meet Atlas-14 requirements, but will get 310 (the number of acre feet in 500,000 cubic yards). That almost triples the required additional volume and more than doubles the current capacity…all for $1000.
That extra capacity will create a margin of safety for residents in case expected rainfall rates increase again in the future.
It will also create a buffer against future development. For instance, it should help those downstream on Taylor Gully where it joins White Oak Creek. Rapid development continues upstream on White Oak Creek.
Nature of Contract Will Lower Cost, but Could Extend Completion Date
The nature of an E&R contract benefits taxpayers from a cost standpoint. It’s like getting free help. However, there’s also a potential hitch; demand fluctuation could delay the dirt’s removal. The contract obligates Sprint to remove a minimum of 5,000 cubic yards per month. But Sprint can average that, taking 10,000 cubic yards one month and none the next.
Thus, Elm Grove and North Kingwood Forest residents might see furious excavation activity one month and none the next.
Regardless, HCFCD checks progress periodically with drones. And if Sprint looks like it is not complying, HCFCD has the right to terminate the contract. Otherwise, removal of the dirt could take up to three years.
The contract gives Sprint the right to sell the dirt anywhere with one condition. The ultimate placement must be outside any known floodplain – including the 500-year/0.02% annual chance floodplain.
This is the first time HCFCD has signed such a contract for work outside of Harris County. Woodridge Village sits in Montgomery County immediately north of the county line.
HCFCD started using E&R contracts all over Harris County long before the Bond. It was a way to show progress on detention basins that HCFCD had no money to build. The Cutten Road, Lauder Road, and Aldine-Westfield basins on Greens Bayou all started with E&R contracts.
Pond Will Go in Southern Section of Woodridge
The detention pond excavation will take place close to Sherwood Trails and Elm Grove to help intercept water coming off the steep northern portion of the site. See the green area below.
The new pond will also border the road that Perry built into the site. That will help facilitate removal of the dirt. See the photo below.
Looking East. Woodridge Village as of November 11, 2021. The new detention pond will go in the big empty area between the road and ditch which leads from upper left to top middle. Sherwood Trails, Elm Grove and North Kingwood Forest are inside the trees on the right.
Construction Must Observe Stormwater Quality Requirements
HCFCD emphasized that all normal stormwater quality precautions will remain in effect. Rain that falls during excavation will be pumped into one of the site’s existing detention ponds (on the right in the photo above) to keep sediment from migrating downstream. That’s important because HCFCD just finished excavating Taylor Gully to restore its conveyance. No one wants to see it get plugged up again.
Site Closed During Construction
The construction work involves heavy machinery. Physical barriers and safety signage alerting visitors will be placed at access points. Residents should follow all posted signs and remain clear of the construction zone.
Trucks Will Work Around High-School Schedule
HCFCD has coordinated the contractor’s work schedule with administrators at Kingwood Park High School and Humble ISD to avoid arrival and departure times at the high school.
HCFCD officials emphasized that the final dimensions of the pond could change as excavation proceeds. But dimensions should be determined long before Sprint finishes excavation.
Posted by Bob Rehak on 11/25/2021
1549 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/11/20211123-Project-Location-Map-Woodridge-Basin.jpg?fit=1200%2C774&ssl=17741200adminadmin2021-11-24 16:00:312021-11-27 06:13:36Excavation of Additional Woodridge Village Detention Pond to Begin Soon
Two months ago, the Texas General Land Office (GLO) launched a review of Houston’s Housing and Community Development Department (HHCD) after Mayor Sylvester Turner allegedly tried to steer a $14 million affordable-housing contract using HUD money toward his former law partner. The GLO review, released Tuesday, notes both findings and corrective actions required of Houston to ensure a fair, open, and competitive award process in the future.
The GLO review criticized HHCD for five major problems listed below. The City has until December 10, 2021, to address the GLO review’s findings by delivering a Corrective Action Plan. Houston then has another 90 days to implement the plan. Hanging in the wind: the fate of the City’s entire multi-family rental program, Harvey multi-family relief projects in the pipeline, and millions of dollars in past awards now being questioned.
The GLO review was triggered on September 22 when the HHCD’s former Director Tom McCasland accused the Mayor during a City Council meeting of overriding his department’s recommendations. The Mayor recommended a project that would have benefited his former law partner. McCasland alleged that his department’s recommendations could have built four times the amount of affordable housing units in poorer neighborhoods for roughly the same amount of money. McCasland also alleged that he was being forced to participate in what he called a “charade of a competitive process.” The Mayor promptly fired McCasland, leading to multiple investigations. The GLO review was just one.
Summary of Five Main Findings
The GLO never uses the word “charade” in its findings, but one could easily infer a charade from their substance.
The GLO’s objective was to evaluate whether the City had adequate controls in place to meet program and contract requirements for the allocation of $450,050,472. At a high level, the five findings released on Tuesday 11/23/21 require the City to:
Strengthen NOFA/RFP Issuances – GLO found inconsistencies among the way NOFA/RFPs (Notice of Funding Availability/Request for Proposals) were issued, evaluated and scored. Inconsistencies included program content; threshold criteria; and award processes.
Strengthen the NOFA/RFP Scoring Method – GLO found the City does not have controls in place to ensure it follows criteria for awarding projects.
Ensure Documentation Supports Project Awards – GLO found that Houston does not document subjective criteria used by HHCD and the Mayor’s office when evaluating applications.
Strengthen Conflicts-of-Interest Provisions – GLO found the City does not have internal controls that screen out Conflicts of Interest.
Produce Documentation Justifying Award Recommendations – GLO found inconsistencies between grant requirements and recommendations. Subjective factors – not based on the competitive process – were often used to recommend projects without explanation.
Full Text of Findings and Exhibits
Here is the GLO’s entire 11-page letter to HHCD’s Interim Director Keith Bynam, and three exhibits referenced in the letter:
Exhibit 2 – A memo to the Interim Director from an Assistant Director attempting to justify the Mayor’s intervention on a low scoring project
Exhibit 3 – Examples of HHCD responses to appeals from developers. The responses do not document specifics for rejections.
If you read nothing else, make sure you see Page 1 of Exhibit 1. It recommended making an award to one project that 25 other projects outscored. Those 25 higher scoring projects were either wait-listed or not recommended. Hmmmm!
Egregious Examples of Specifics Cited in GLO Report
Here are some of the more serious infractions that support the five major findings.
GLO complained about Houston’s lack of consistency, accuracy and fairness. For instance:
Data for 40% of tested applications was entered incorrectly, resulting in incorrect scoring.
Submission deadlines for some RFPs were shortened in a way that excluded some applications and diminished the quality of others. This resulted in competitive disadvantage for some applicants and presumably an advantage for others.
Conflict of interest disclosures were excluded from some rounds of funding.
9 of 12 applications in two other rounds of funding did not have conflict of interest forms actually signed by applicants or co-applicants.
Some NOFAs contained language giving the Mayor’s office the right to approve or deny applications in accordance with the Mayor’s priorities, but the Mayor was not required to explain why.
The City frequently did not give specific reasons for approving or denying a grant.
ABC13’s Ted Oberg ran this story Tuesday night about the millions of dollars now at risk for poor people who still need help after 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-2021-11-24-at-7.13.24-AM.png?fit=998%2C708&ssl=1708998adminadmin2021-11-24 07:24:452021-11-24 15:29:50New GLO Review Slams Houston on Five Counts Relating to Harvey Relief
Mayor Turner Points Finger at GLO in Latest Harvey Relief Dispute
Two months after Tom McCasland publicly exposed problems in his Housing and Community Development Department (HCDD), the Texas General Land Office (GLO) released the results of its investigation of McCasland’s explosive allegations. GLO criticized HCDD on five counts. It didn’t take long for Houston Mayor Sylvester Turner to return fire.
Turner Fires Back
Turner’s office issued a press release that said in part:
In essence, Turner was saying, “We were being constantly reviewed and GLO approved everything we did.”
Difference Between Guidelines and Following Them
If you took that away from the Mayor’s statement, though, you may have drawn the wrong conclusion. It’s one thing to have GLO-approved guidelines – and another to follow them. There’s often a huge difference between the way things should operate and the way they do.
A former high-level employee of HCDD who wishes to remain anonymous, told me, “You need to understand that GLO and HUD provide the only supervision of HCDD. It’s not coming from the City or City Council.”
The relationship between HCDD, the GLO and HUD has been stormy for a long time. HCDD’s Harvey recovery programs got off to such a slow start, that HUD audited them. The audit was so critical that GLO feared the state might lose future funds from HUD; HUD explicitly stated that as a possibility. That caused the GLO to offer help and increase its supervision of HCDD. And that set the tone through 2020 when GLO tried to take back Harvey relief funds – so that GLO could distribute them itself – and the City sued to keep them.
Wednesday’s blowup was simply the latest in a long line. Let’s not ignore that. This relationship has been stormy from the start.
2019 Audit Lays Out Many of Latest Concerns
Here is the entire 34-page audit from 2019. Among the concerns at the time of that first review:
Missing documentation explains why so many got kicked back by GLO and FEMA.
Draw Your Own Conclusion
With history like that, you can see why GLO (which HUD holds accountable for Houston’s funds) became concerned. As time passed, and Houston missed one interim deadline after another for dispersal of funds, the relationship with HCDD degenerated into a lawsuit. A year after the settlement, many of the same problems still exist. The interim director has openly testified in front of City Council that the City could be on the hook for tens of millions of dollars in budget overruns.
The Mayor’s Office concluded his press release with the following:
“The City is committed, as it always has been, to transparency and improving its Housing processes.” Really?
Posted by Bob Rehak on 11/26/2021
1550 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.
Excavation of Additional Woodridge Village Detention Pond to Begin Soon
Here’s something to give thanks for on Thanksgiving. Harris County Flood Control District (HCFCD) announced Wednesday, 11/24/21, that Sprint Sand & Clay could begin excavation of another large detention pond on the Woodridge Village property as early as November 29. Lack of detention pond capacity on the property while it was being cleared contributed to flooding hundreds of homes in Elm Grove and North Kingwood Forest twice in 2019.
Not Enough Detention Pond Capacity Existed to Meet Atlas-14 Requirements
Even after Perry Homes finished building the detention ponds in its plans, the volume still fell about 40% short of the capacity needed to meet Atlas-14 requirements.
Thus, the twice-flooded homeowners have been living in constant fear since then of every storm that passes overhead. PTSD caused some to postpone home restoration or even move away. So this should come as great news to the community.
HCFCD purchased the Woodridge Village property earlier this year. Harris County Commissioners then approved a contract for excavation in July. The excavation could be sporadic, however, because of the nature of the contract.
Sprint Sand & Clay will excavate material as needed under the terms of an HCFCD E&R contract. E&R stands for Excavation & Removal. HCFCD will pay Sprint just $1000 to excavate 500,000 cubic yards. Sprint then has the right to resell the dirt to developers, contractors and road builders at market rates.
Creating Extra Capacity
When Perry left the site, it had constructed 271 acre feet of detention. The site needed another 108.4 acre feet of detention pond capacity to meet Atlas-14 requirements, but will get 310 (the number of acre feet in 500,000 cubic yards). That almost triples the required additional volume and more than doubles the current capacity…all for $1000.
That extra capacity will create a margin of safety for residents in case expected rainfall rates increase again in the future.
It will also create a buffer against future development. For instance, it should help those downstream on Taylor Gully where it joins White Oak Creek. Rapid development continues upstream on White Oak Creek.
Nature of Contract Will Lower Cost, but Could Extend Completion Date
The nature of an E&R contract benefits taxpayers from a cost standpoint. It’s like getting free help. However, there’s also a potential hitch; demand fluctuation could delay the dirt’s removal. The contract obligates Sprint to remove a minimum of 5,000 cubic yards per month. But Sprint can average that, taking 10,000 cubic yards one month and none the next.
Thus, Elm Grove and North Kingwood Forest residents might see furious excavation activity one month and none the next.
Regardless, HCFCD checks progress periodically with drones. And if Sprint looks like it is not complying, HCFCD has the right to terminate the contract. Otherwise, removal of the dirt could take up to three years.
The contract gives Sprint the right to sell the dirt anywhere with one condition. The ultimate placement must be outside any known floodplain – including the 500-year/0.02% annual chance floodplain.
This is the first time HCFCD has signed such a contract for work outside of Harris County. Woodridge Village sits in Montgomery County immediately north of the county line.
HCFCD started using E&R contracts all over Harris County long before the Bond. It was a way to show progress on detention basins that HCFCD had no money to build. The Cutten Road, Lauder Road, and Aldine-Westfield basins on Greens Bayou all started with E&R contracts.
Pond Will Go in Southern Section of Woodridge
The detention pond excavation will take place close to Sherwood Trails and Elm Grove to help intercept water coming off the steep northern portion of the site. See the green area below.
The new pond will also border the road that Perry built into the site. That will help facilitate removal of the dirt. See the photo below.
Construction Must Observe Stormwater Quality Requirements
HCFCD emphasized that all normal stormwater quality precautions will remain in effect. Rain that falls during excavation will be pumped into one of the site’s existing detention ponds (on the right in the photo above) to keep sediment from migrating downstream. That’s important because HCFCD just finished excavating Taylor Gully to restore its conveyance. No one wants to see it get plugged up again.
Site Closed During Construction
The construction work involves heavy machinery. Physical barriers and safety signage alerting visitors will be placed at access points. Residents should follow all posted signs and remain clear of the construction zone.
Trucks Will Work Around High-School Schedule
HCFCD has coordinated the contractor’s work schedule with administrators at Kingwood Park High School and Humble ISD to avoid arrival and departure times at the high school.
For More Info
If you’re tracking the progress of this on the HCFCD website, look for “Excavation and Removal Project at Former Woodridge Property” under Kingwood Information in the SAN JACINTO Watershed:
HCFCD also maintains Facebook and Twitter pages.
The City of Houston purchased the northern 70 acres of the site for a wastewater treatment facility. But the fate of the rest of site has not yet been decided. Community groups have reportedly been lobbying to turn the area into a wooded park with trails. A decision could come on that in the next few months.
HCFCD officials emphasized that the final dimensions of the pond could change as excavation proceeds. But dimensions should be determined long before Sprint finishes excavation.
Posted by Bob Rehak on 11/25/2021
1549 Days since Hurricane Harvey
New GLO Review Slams Houston on Five Counts Relating to Harvey Relief
Two months ago, the Texas General Land Office (GLO) launched a review of Houston’s Housing and Community Development Department (HHCD) after Mayor Sylvester Turner allegedly tried to steer a $14 million affordable-housing contract using HUD money toward his former law partner. The GLO review, released Tuesday, notes both findings and corrective actions required of Houston to ensure a fair, open, and competitive award process in the future.
The GLO review criticized HHCD for five major problems listed below. The City has until December 10, 2021, to address the GLO review’s findings by delivering a Corrective Action Plan. Houston then has another 90 days to implement the plan. Hanging in the wind: the fate of the City’s entire multi-family rental program, Harvey multi-family relief projects in the pipeline, and millions of dollars in past awards now being questioned.
The GLO review was triggered on September 22 when the HHCD’s former Director Tom McCasland accused the Mayor during a City Council meeting of overriding his department’s recommendations. The Mayor recommended a project that would have benefited his former law partner. McCasland alleged that his department’s recommendations could have built four times the amount of affordable housing units in poorer neighborhoods for roughly the same amount of money. McCasland also alleged that he was being forced to participate in what he called a “charade of a competitive process.” The Mayor promptly fired McCasland, leading to multiple investigations. The GLO review was just one.
Summary of Five Main Findings
The GLO never uses the word “charade” in its findings, but one could easily infer a charade from their substance.
The GLO’s objective was to evaluate whether the City had adequate controls in place to meet program and contract requirements for the allocation of $450,050,472. At a high level, the five findings released on Tuesday 11/23/21 require the City to:
Full Text of Findings and Exhibits
Here is the GLO’s entire 11-page letter to HHCD’s Interim Director Keith Bynam, and three exhibits referenced in the letter:
If you read nothing else, make sure you see Page 1 of Exhibit 1. It recommended making an award to one project that 25 other projects outscored. Those 25 higher scoring projects were either wait-listed or not recommended. Hmmmm!
Egregious Examples of Specifics Cited in GLO Report
Here are some of the more serious infractions that support the five major findings.
GLO complained about Houston’s lack of consistency, accuracy and fairness. For instance:
ABC13’s Ted Oberg ran this story Tuesday night about the millions of dollars now at risk for poor people who still need help after Harvey.
Here is the Mayor’s response to the charges in GLO review.
Posted by Bob Rehak on November 24, 2021
1548 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.