United by Disaster, Divided by Recovery

Ironically, Hurricane Harvey united us in disaster and divided us during recovery. Perhaps that is the storm’s most lasting insult.

United by Disaster

1,714 days ago, Hurricane Harvey ravaged Harris and surrounding counties. The storm dropped the greatest rainfall in the history of the North American continent. It flooded 154,000 homes in Harris County and destroyed 300,000 vehicles.

In the months that followed, HCFCD organized meetings in each watershed to gather input from residents on what it would take to reduce flood risk in their neighborhoods. At the meetings, HCFCD also discussed what professionals thought it would take. Out of that dialog came a project list with a hefty $5 billion price tag.

Despite the price, exactly one year after Harvey, voters approved a historic flood bond by 86%! People came together and recognized the need to address flooding to ensure the future of their homes, businesses, and communities.

I contacted Matt Zeve, then the Deputy Executive Director of the Harris County Flood Control District (HCFCD), immediately after the vote tally to congratulate him on the outcome. He was already hard at work on projects. Within seconds, I received this response.

“We are ready to deliver for everyone in Harris County.”

Matt Zeve, Former Deputy Executive Director of HCFCD after passage of bond, 8/25/2018

It was a rare moment of unity. Then the backbiting started as factions jockeying for a greater share of funding.

Soon, Russ Poppe, HCFCD’s executive director, and Zeve would be hounded from office, despite their contributions in architecting the bond.

Divided by Recovery

Since passage of the bond, a contentious recovery process – driven by partisan politics – has divided us.

Initially, questions centered around which projects HCFCD would implement first. After promising to fix the “worst first” (but never defining what “worst” meant). The three Democratic members of Commissioners Court pushed through an “Equity Prioritization Framework.”

The framework prioritized projects in watersheds with a high Social Vulnerability Index (SVI) and high percentage of Low-to-Moderate Income (LMI) residents. Said another way, they defined the “worst” flooding as flooding that affected LMI neighborhoods. This is not necessarily where the deepest flooding, the most frequent flooding or the most damaged homes are.

Since then, the three Democrats recommended changing the framework several times. For example:

Population and SVI now account for almost half of a project’s score regardless of other merits such as damage reduction.

Despite promises that all projects in the flood bond would eventually be completed, Commissioners Ellis and Garcia have also voted to cancel projects that voters approved. For instance, they tried to defund $191 million of flood-mitigation projects in Cedar Bayou and transfer the money to Garcia’s new Precinct 2.

Garcia has also suggested fixing 500-year flooding in LMI neighborhoods before more frequent flooding elsewhere. Together with other changes to the equity formula, that could mean certain projects in outlying neighborhoods never get built for lack of enough money.

Now the mostly Democrat-appointed Community Flood Resilience Task Force has recommended more changes to the formula. They include cherry-picking certain flood-risk reduction investments for a proposed Flood Mitigation Benefit Index. The apples-to-oranges comparison would make it look as though some watersheds were underfunded compared to others.

Who Would Favor Another Bond at this Point?

The new changes would apply to the flood resilience trust as well as any future flood bonds which do NOT have defined project lists approved by voters. Thus, a majority of commissioners could move dollars freely to the projects of their choice.

Throughout the constant changing of priorities, Commissioners Ellis and Garcia have sent signals that the amount of money in the bond isn’t enough to fix our flooding problems. Without mentioning any specific projects, defining costs, estimating benefits, or promising how the money would be spent, they have suggested they want another $50 to $60 billion from voters.

That’s a pretty big ask before we know what the first $5 billion has achieved – or even where the most frequent flooding occurs.

Democratic commissions say all the money to date has gone to affluent watersheds and LMI watersheds have received none. But people in neighborhoods like Kingwood can see the money going to LMI watersheds. This has created a “confusion” disaster that undermines trust in government – perhaps the biggest disaster of all.

Funding since 2000 in all 23 Harris County watersheds through end of 2021.

Net: everyone believes they are getting nothing from the first flood bond. So, why would they vote for a second?

Ultimately, the partisan dialog now dividing us could make everyone in the county more vulnerable to the next big flood. This is part of the reason why disasters repeat themselves.

Posted by Bob Rehak on 5/9/22

1714 Days since Hurricane Harvey

Mitigation Update: 3rd Anniversary of First Elm Grove Flood

Back in 2019, portions of Elm Grove and North Kingwood Forest Villages flooded twice. The first time occurred on May 7th. According to Harris County Flood Control District’s (HCFCD) report on the storm, “A 30-min rate of 2.9 inches was recorded at US 59 and the West Fork of the San Jacinto River and a 1 hour rate of 4.0 inches.”

“380 structures were flooded in the Elm Grove Village subdivision and other nearby subdivisions in the northern portions of Kingwood.”

Investigation by HCFCD the following day revealed that “… the flooding was potentially caused by development upstream in Montgomery County that sent large volumes of sheetflow into the subdivisions and Taylor Gully.” This video shows the sheetflow pouring out Perry Homes’ Woodridge Village property into homes along Village Springs Drive.

Perry contractors had clearcut 267 acres without installing the required detention ponds when the rain hit.

In the three years that followed, I posted 242 reports about every aspect of that flood and a second one during Imelda. The second flood affected two to three times more homes in the same areas.

The floods triggered multiple lawsuits which Perry Homes, its subsidiaries and contractors finally settled late in 2021.

What It Looked Like

Shady Maple the night of the May 7 2019 flood
Escape. In Elm Grove on Shady Maple the night of the May 7, 2019 flood.
High water rescue
Rustling Elms Bridge in Elm Grove underwater as school bus tries to cross it.
Water in Keith Stewart's home on Shady Maple after May 7th flood in 2019.
Water rising at night in Keith Stewart’s home on Shady Maple after May 7th flood in 2019.

Catalog of Flood Mitigation Efforts

Ever since the Elm Grove floods, Harris County, HCFCD, the City of Houston, Congressman Dan Crenshaw’s team and others have worked diligently to reduce future flood risk.

On this Mother’s Day weekend, it may bring flooded families comfort to understand how far we have come. Much remains to do, but much has already been done, or at least started.

Major Maintenance on Taylor Gully

Even before the second flood, HCFCD undertook a major maintenance project on Taylor Gully to remove accumulated sediment and restore channel conveyance.

The project began in 2019. Work extended downstream to the natural portion of the channel. It finished in 2021.

Taylor Gully maintenance
HCFCD working to remove sediment buildup in Taylor Gully near the Maple Bend Bridge in January of 2021. The work began upstream near Rustling Elms in July 2019.

Kingwood Area Drainage Analysis and Taylor Gully Study

In 2019-20, HCFCD, Lake Houston Redevelopment Authority (TIRZ 10), and City of Houston teamed up to conduct a drainage analysis for all streams in the Kingwood area. A recommendation to prioritize engineering of drainage improvements along Taylor Gully (including Woodridge) came out of that study.

The Flood Control District began preliminary engineering study on the Taylor Gully improvements in 2021. HCFCD anticipates presenting results during late summer or early fall this year.

Purchase of Woodridge Village By County and City

In early 2021, the Flood Control District and the City of Houston partnered to acquire the 267.35-acre Woodridge Village property for approximately $14 million.

They closed on the purchase of Woodridge Village in March 2021.

Houston Mayor Pro Tem Dave Martin lobbied the City to purchase about 70 acres of the property.

HCFCD will use the remaining 194.35 acres of the Woodridge site for stormwater detention. That will help reduce flood risk.

Crenshaw Earmarks

Congressman Dan Crenshaw secured an earmark for $1.6 million for engineering of flood mitigation improvements along Taylor Gully. The engineering should shrink the floodplain. That will effectively remove 387 structures from the floodplain and has the potential to remove another 62.

Crenshaw also has another earmark pending for $10 million to actually construct the improvements recommended by the study.

Local groups must spend earmarks during the fiscal year in which Congress approves them. So funding can’t get too far ahead of the engineering.

Taylor Gully Preliminary Engineering Study

The Taylor Gully study will look at Woodridge in conjunction with other potential Taylor Gully improvements. However, HCFCD must perform additional preliminary engineering to further evaluate specific alternatives for Woodridge and determine the best. 

During each study, HCFCD will hold Community Engagement Meetings to present alternatives and gather feedback.

Excavation & Removal Contract

In January 2022, HCFCD began work on a Woodridge Excavation and Removal (E&R) project.

Start of the new floodwater detention basin that could double the capacity on Woodridge Village.This pond should ultimately expand beyond the lone trees in the middle of the frame near the top. Photo taken 4/30/22.

E&R projects provide a head start on the excavation process and risk reduction. They can start before the design of a stormwater detention basin. Contractors excavate a set amount of material within an agreed-upon timeframe and general area.

The excavation can also potentially provide interim stormwater storage while awaiting the design and construction of the final stormwater detention basin.

As of April 30, 2022, 36,421 cubic yards of material has already been removed from the site. See photo above taken that day. The project will remove as much as 500,000 cubic yards of soil and other material.

Woodridge will remain an active construction zone for up to three years.

Have a Happy Mother’s Day this weekend.

Posted by Bob Rehak on 5/6/2022

1711 Days since Hurricane Harvey and 1096 Days since May 7, 2019

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.

Half of Preserve at Woodridge Already Framed Out.

Less than six months ago, Guefen started clearing land for the Preserve at Woodridge. Plans showed that the Preserve would contain 131 Lilliputian-sized homes for rent, some as large as 668 square feet. Already, more than half the homes are framed out. And one fifth have roofs. I counted 73 homes either completely or mostly framed in the photos below.

Photos Taken April 30

Here are some pictures taken of the Preserve at Woodridge last week.

According to plans, the vertical wall behind the homesites will be a retaining wall. In the pond itself, contractors are to install a 2-foot thick clay liner in 8″ lifts, each compacted to 95%.
As of last Saturday, contractors were still pumping silty stormwater into this channel which empties into Bens Branch at Northpark Drive.
Looking SW across 17 acre site toward Northpark Drive and St. Martha Catholic Church.
Not much grass will grow between these homes. It will be in shade most of the day.
Looking east from over Woodridge Parkway toward Kingwood Park High School and KSA’s Northpark Recreation area.

The developer claimed 65% impervious cover. But work to date appears much denser.

Preserve at Woodridge Detention Pond Progress Much Slower

If only the pace of work on the detention pond went as fast! Instead, contractors have treated it like an afterthought. They still haven’t come close to finishing it. And grass lining? Plans don’t mention it as far as I can see.

To see the complete plans, click here. You can find the detention basin plans and calculations on pages 18-24.

It’s not clear whether the detention pond will have a grass liner to reduce erosion or simply a compacted clay liner.

The construction plans call for compacted clay. And a search for the word “grass” did not turn up any mentions in the construction docs.

MoCo Drainage Regs Murky on Grass Lining of Detention Ponds

Montgomery County Drainage regulations get murky on whether detention ponds must have a grass lining.

7.2.7 Erosion Control Measures for Detention Facilities” on Page 113 says:

“The erosion potential for a detention basin is similar to that of an open channel. For this reason the same types of erosion protection are necessary, including the use of backslope swales and drainage systems (as outlined in SECTION 6), proper revegetation, and pond surface lining where necessary.”

The wording in 7.2.7 leaves room for interpretation. It’s not clear whether engineers must specify all or one of the alternatives listed.

So I checked Section 6, which pertains to CHANNEL construction. “6.2.1 Grass Establishment” on Page 85 says:

“A good grass cover must be established on all areas within the right-of-way (except the channel bottom) disturbed by channel improvements or by any type of construction. An adequate grass stand on the banks helps stabilize the channel and minimizes erosion caused by overbank flow and high velocities in the channel.”

There’s certainly a lot of ambiguity in these specifications. Montgomery County has not yet responded to a complaint about the pumping of the silty stormwater down Ben’s Branch. And the only plans the engineering department supplied are those linked above.

Best Practices Vs. Industry Standard Vs. Minimum Requirements

A source knowledgeable about construction reminded me of the tremendous difference that exists between Best Practices, Industry Standards, and Minimum Requirements. Few companies will follow best practices if it costs them money, said the source. Even industry standard practices are optional. Most just follow the minimum requirements.

And even if the engineering plans comply with those requirements, there’s no guarantee contractors will follow the plans.

So understand your local regs. And report corner cutting when you see it.

Best practices call for detention ponds to be among the first things finished on a construction site. MoCo doesn’t mandate that, however. Grass would certainly help reduce erosion here.

Posted by Bob Rehak on 5/4/2022

710 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.

Construction Update: KMS and West Fork High School

I last updated Humble ISD’s Kingwood Middle School (KMS) and New Caney ISD’s West Fork High School construction projects in mid-March. Since then, KMS contractors have continued work to finish the exteriors while beginning interior work.

Humble ISD has not updated its web page on KMS construction details, but some changes are visible from the exterior.

South side of building now almost all “glassed in.”

Ditto for north side. Roof is substantially complete, though some work remains on AC units.
West side looking east from over Woodland Hills Drive.
SW side looking NE. Most of the heavy equipment is gone.
Looking NW from SE side. Old building in foreground will be demolished to make way for athletic fields.
Easternmost building still has the longest way to go.

Humble ISD still indicates the school will open in 2022.

Compare Current with Previous Pics

See the progress of work to date by comparing these pictures with those taken in previous months.

West Fork High School

New Caney ISD posted this April update on work to date for its new West Fork High School. The high school is south of the HCA Kingwood Medical Center between Sorters McClellan Road and US59.

“Overall completion of the buildings and site work is 78 percent complete. The main building and athletic support facilities are dried in with portions of the main building being air conditioned. All interior partitions are complete with finishes such as painting and ceramic tile in progress. The electrical, plumbing, and HVAC rough-in work is 85 percent complete. The ceiling grid is being installed, allowing the installation of light fixtures, A/C grills, life/safety devices, data, and sound systems to progress. The artificial turf for the football field is 80 percent complete with turf at the baseball and softball fields to follow. The general contractor is distributing topsoil in preparation to begin irrigation and landscaping.”

Here’s what all of that looks like.

Looking SE across front of campus. Sorters McClellan Road is on right. West Fork is in background out of sight.
Looking NE from over Sorters-McClellan Road.
Field house and football field.
It’s starting to feel like fall and it’s not even summer yet. Looking north. Campus is out of frame on left. 59 is out of frame on right.
Looking NW across front of field house toward high school and Sorters-McClellan Road.
Looking N toward northern entrance off Kingwood Place Drive.

Compare with Previous Updates

To see how the project has progressed, compare these previous posts.

New Caney ISD expects to complete the project this summer. It is one of the District’s 2018 bond projects.

Impact on Flooding

Neither of these projects has yet had an impact on local flooding.

KMS built a temporary retention pond. When the old school is torn down, it will be replaced with a larger permanent pond.

West Fork High School already has a permanent pond. It was the first thing to be completed. Grass has been growing in it since March of 2021. This has reduced the threat of sedimentation during construction. I wish all construction projects followed this model.

Posted by Bob Rehak on 5/4/2022

1709 Days since Hurricane Harvey

Houston Community College Announces Resilience Center

Houston Community College last week announced what it called a first-in-the-nation Resilience Center. The Center will offer continuing education and certification in seven aspects of resiliency that affect ten industries.

Artist’s rendering. The center will offer “boots on the ground training” in controlled, but authentic field and virtual simulations.

From Virtual to Real-World Similations

Students will experience all the dangers an individual is likely to encounter in a real disaster. Those include “flooded residential streets and commercial areas complete with hazards such as debris, downed power lines, submerged vehicles, and varying light levels that make the challenges all too real.”

Dimensions of resiliency addressed include:

  • High-water rescue
  • Incident management
  • Electricity
  • Debris removal
  • IT + drones
  • Facilities design
  • Integrated physical infrastructure

Industries include:

  • Construction
  • Additive Manufacturing and materials sciences
  • Health sciences
  • Engineering
  • Transportation
  • Public safety
  • Natural sciences
  • Digital and IT
  • Global energy
  • Logistics

All Types of Disasters, Not Just Flooding

HCC’s brochure emphasizes that, “Community resiliency is more than responding to major flood events. It includes disasters like fires, oil spills and leaks, pandemics, and freezes. This initiative is about skill mastery for ALL potential disaster scenarios.”

HCC will build the center on its northeast campus. It will accommodate three to four thousand citizens, business people and first responders per year.

“From applied ‘boots-on-the-ground’ training, they’ll experience all the dangers an individual is likely to encounter in a real disaster,” said HCC. “Those dangers include flooded residential streets and commercial areas complete with hazards. Hazards include debris, downed power lines, submerged vehicles, and varying light levels that make the challenges real.” Until the ROC’s completion, HCC will leverage existing facilities, equipment, labs, and classrooms.

Residential Risk Assessment

Students can also sign up for classes in:

  • Home risk assessment
  • How to support neighbors during emergencies
  • The value of insurance.

HCC hopes to complete the $30 million, 65,000 square-foot Resiliency Center in 2024.

Ultimately HCC may offer associate-degree programs around resiliency.

This YouTube video describes the program. It won’t prevent disasters. But it will help us deal with them.

Posted by Bob Rehak on 5/3/2022

1708 days since Hurricane Harvey

Editorial: “Chaos” in Harris County Government

Two weeks ago, I wrote a post about the brain drain at the highest levels in Harris County government, and its impact on productivity and service delivery. Sixteen departments have had a total of 34 leaders under Lina Hidalgo.

Since then, dozens of people have contacted me describing the impact of turnover on programs and service.

One manager used the word “chaos” to describe the environment since Lina Hidalgo took office. All of the sources for this post have requested anonymity because they fear reprisals – a chilling comment in itself.

No doubt, many good, talented, hard-working people remain in Harris County government, but the problems described below make it harder for them to do their jobs.

Unexplained Changes in Direction

One person told me about a new Harris County juvenile center that was being planned, due to overcrowding and substandard living conditions at the old center. Then one day, “…like out of nowhere, we got a sense that the whole project was canceled. We tried to explain how far along the project was and why it was necessary. And they didn’t care. It was just like, ‘Well, we [the judge’s office] are not going in that direction.’” The source added, “We had a lot of things in motion that just came to a halt.”

The new center never did get built. It had reportedly gone all the way through the design phase, so the unexplained cancellation was costly.

Not So Resilient Resiliency Plan

Another person mentioned a county-wide resiliency plan. The heads of multiple Harris County departments had worked on it for months. At the eleventh hour, people in Hidalgo’s office with no experience rewrote everything that people with experience had developed. “It just changed completely,” said one person involved.

Transportation Plan Stalled

Yet another person told me, “In Hidalgo’s mind, if you’re building a road, you’re doing taxpayers a disservice. Philosophically, she’s into multi-modal transportation. But a lot of times, she misses the point that the county is only allowed to do what the state of Texas allows it to do. That’s where they’ve had more problems. Their thought process a lot of times was, ‘Well, if they want to sue us for that, then they can.’ We’ve seen that play out several times.” 

Other sources told me about progress on various components of Harris County’s Transportation Plan. 

  • There has also been little to no movement on the county’s Multimodal, Major Thoroughfare plan to improve connectivity.
  • The Equity Study has stalled. So has a framework to implement it. There has been no movement on equity in transportation.
  • Likewise, there has been little to no movement on Vision Zero, the county’s effort to eliminate traffic fatalities
  • Nothing notable has happened lately on Low Impact Development, Green Infrastructure, or other environmentally-friendly projects.

Lack of Clarity, Direction

Another major problem contributing to the chaotic work environment: lack of clarity and direction. One mid-level manager told me, “We would often be moving in a direction when everything kind of went on pause because we were waiting to see which direction to go. But we couldn’t ever narrow down a direction. It felt as if, in every single Commissioners Court meeting, we spent all day watching mommy and daddy fight. Even among the Democrats.”

Lack of Attention to Operational Details

Former managers of various Harris County departments also complained about lack of attention to operational details. 

“Ellis’ office and the Judge’s office would work together to develop these big picture concepts of where we were going. But it was never clear how we would get there,” said one person.

“We’d sit there and go, ‘Well, that’s great. But you didn’t set up any funding for it. For example, we talked about big sweeping programs like MWBE – the Minority/Women-owned Business Enterprise program. That was four years ago and it’s still not off the ground.”

Hiring People Without Relevant Experience

They hired Pamela Chan to set up the new Harris County Department of Economic Equity and Opportunity. According to one person I talked to, Chan was a “a great academic,” but had no real-world, operational MWBE experience. Another said, “the guidance and support that Chan got was like almost nil and then she’d get beat up at court.” She soon left. That department has had two executive directors in a little more than a year. 

Universal Services, the County’s information technology (IT) department, has the same problem. Its leader, Major General Rick Noriega has no IT background. Think what would happen if you put a computer programmer with no military experience in charge of a tank battalion. You’d probably have a high casualty rate. And that’s exactly what happened in Universal Services. 

100% of Group Heads Leave Within 17 Months

According to many of his employees, Noriega’s lack of IT understanding contributed to high turnover beneath him at multiple levels. And that rapidly compromised the integrity of systems. 

Noriega also pushed out people with excellent professional credentials and replaced them with political appointees in many cases.

Not long after Noriega took over the department, he lost his Chief Administrative Officer, Chief Operating Officer, Chief Technology Officer, and Chief of Cybersecurity (twice). 

The department also lost 100% of its group directors beneath them and approximately one third of its employees in 17 months. 

So many employees have left that the department doesn’t even put names on org charts anymore. 

Incomprehensible Org Chart Without Names Revised More than 30 Times

In fact, the department doesn’t even call organization charts ‘org charts’ anymore. It refers to them as its “ecosystem.” See below.

Harris County Universal Services Ecosystem Chart, Revision #25. For a high resolution, full-size PDF click here.

At this point, the chart above has reportedly gone through more than 30 revisions under Noriega. Yet multiple sources told me, “No one understands it.”

Toxic Work Environment Accelerates Already High Turnover

The work environment in Universal Services has become so toxic according to sources that approximately one third of the department has left in 17 months and the rate of attrition is reportedly accelerating. 

Universal Services org charts updated the day before Commissioners Court appointed Noriega the permanent department head show everyone who left since his arrival. The source told me that some positions have turned over more than once. So this 12-page chart understates the numbers involved. It shows that at least 134 people have left since Noriega assumed command. That’s out of approximately 400 to 450 total employees. The highlighted names represent people who left the organization in the last 17 months.

One third of a workforce turning over would not be surprising in fast food. But these are professional jobs with highly skilled people doing complex work that few understand.

Noriega reportedly tried to dismiss the turnover. But significantly, 100% of his group directors left, leaving much of the department rudderless, especially since Noriega did not have an IT background himself.

Page 2 of 12-page Harris County Universal Services Org Chart as of 9/21/22. Highlighted group directors have left. To see turnover at lower levels, click here.

Most employers, especially in government, try to hold attrition to 10% or less. High turnover disrupts service. It also costs time and money. This survey found that replacing workers costs an average of 33% of their yearly salaries.

If that percentage holds true in IT, losing one third of your workforce would cost one third of your payroll. 

Self-Inflicted Damage

Some damage has been self-inflicted. While most IT companies let employees work remotely, Noriega forces managers to come into the office. This policy goes against the industry norm and has reportedly contributed to several of the departures at the managerial level. 

“It’s Scary.”

One former IT employee told me Universal Services has refilled so many positions with inexperienced people that “They can’t even support the simple stuff. It’s scary.” This person called the replacements “Garcia’s puppets.” 

Commissioner Adrian Garcia recommended Noriega for the job. Another Garcia loyalist, James Henderson, is Universal Services new Deputy Executive Director and Chief Operating Officer. They have reportedly replaced many departing employees with people loyal to Garcia.

Can It Be Saved?

When the department’s crucial JWEB program went down recently, IT staff reportedly worked 8 hours on and 4 hours off around the clock trying to restore the system. But they couldn’t get it back up. So, hundreds of criminal suspects didn’t receive probable cause hearings in time and had to be released.

A former manager in the department told me, “I don’t think enough meat is left on the bone to fix what’s going on there.”

Harris County’s annual budget next year will exceed $3.5 billion. We’re one third of the way through a $5 billion flood bond. And these are the custodians of our tax dollars.

Posted by Bob Rehak on 5/1/2022

1706 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.

Mysterious Black Spots in RV Resort Detention Pond Contained Oil, Grease

Black spots in the detention pond at the Laurel Springs RV resort at 1355 LAUREL SPRINGS LANE near Kingwood contained measurable oil and grease concentrations.

TCEQ’s Second Investigation of Site

The Texas Commission on Environmental Quality (TCEQ) received multiple complaints about construction practices at the RV Resort going back to January. The first investigation found sediment discharges stretching approximately 450 feet onto neighboring property.

On March 7, 2022, the TCEQ investigated the site again in response to complaints about shiny black pools on the floor of the same detention pond that discharged the silt into the County’s Edgewater Park.

Mysterious black spots in Laurel Springs RV Resort Detention Pond
Mysterious black spots in Laurel Springs RV Resort Detention Pond. Photo taken on 3/05/22.

The investigator noticed several pools of water with dark colors. Some pools had a sheen on top and had bubbles. He used a stick to estimate the depth of the pools and determined that they were about a foot deep.

One pool appeared to leaking into the pond’s standing water, however, the site was not discharging water into the San Jacinto at the time of the investigation so no permit violations could be charged.

Mysterious black spots in Laurel Springs RV Resort Detention Pond
Another photo on 3/5/22 showed contractors covering up the black spots. The TCEQ investigation took place 3 days later.

Contractors had worked to cover up the black spots for weeks.

TCEQ confirmed the allegation that the black substance was seeping from the ground. However, samples did not have sufficient concentrations to determine their exact origin. The conclusion stated, “Observations on-site did not indicate that the dark substance was petroleum based even though there was a measurable oil and grease concentration.”

A construction worker claimed earlier that the black goo was “decaying mulch.” However, the word mulch appears nowhere in the final TCEQ report.

Timing is Everything

It’s a shame that bulldozers covered the most concentrated pools before TCEQ investigators arrived. The week after the TCEQ investigation, the black substance re-emerged with a vengeance. See below.

Mysterious black spots in Laurel Springs RV Resort Detention Pond
Photo taken on 3/14, one week after TCEQ investigation. “They’re baaaa-aaaack.”

After this incident, contractors erected a privacy fence around the pond. They also threatened prosecution of anyone taking photos.

For the full text of the TCEQ report including close up photos, click here.

To file a complaint with the TCEQ about a construction project, click here.

Posted by Bob Rehak on 4/29/2022

1704 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.

You’re Invited: Flood Task Force Meeting Tonight

The Harris County Community Resilience Flood Task Force will meet tonight (4/28/22) from 5:30 to 7:30 via Zoom. You’re invited. Register to attend by visiting the Task Force website.

Agenda

The agenda will cover:

  • Recap of first year’s activity
  • Reports by committee chairs
  • Status updates from Harris County Community Services, Flood Control District and Infrastructure Resilience Team on:
    • CDBG-MIT Funding Update
    • 2018 Bond Finances and next steps
    • Resilience Actions Inventory
  • Public comments will come at the end of the meeting.

The Community Flood Resilience Task Force (CFRTF) is a multidisciplinary, community-driven body. Harris County’s Commissioners Court established it to ensure the County develops and implements equitable flood resilience projects that reflect community needs. 

The meeting will also give you a chance to watch Dr. Tina Petersen in action. Petersen is the new executive director of flood control. She started last month.

Public Comment Period

CFRTF meetings are designed to help Task Force members accomplish their objectives. Therefore public participation is limited. However, members of the public may observe meetings and this meeting will have time available for public comment. If you cannot attend, you may also submit written comments in advance to cfrtf@hcfcd.hctx.net

For more information on the CFRTF, visit https://cfrtf.harriscountytx.gov/.

Recently, the group has debated retooling the county’s equity guidelines for flood-mitigation funds to favor densely populated neighborhoods, such as those inside Beltway 8. If you feel left out, make sure you attend. Voice your opinion.

The map below shows historical flood losses in the county.

historical flood loss map of Harris County after Hurricane Harvey
Historical flood loss map of Harris County after Hurricane Harvey

Lake Houston is in the upper right. Darker colors represent more damage. Lighter colors represent less.

Posted by Bob Rehak on 4/28/22

1703 Days since Hurricane Harvey

More than $400 million in Unexplained Harris County Transfers Receive No Discussion During Rants On Other Items

A Harris County Commissioners Court meeting yesterday lasted 8 hours and 30 minutes. While viewers were repeatedly treated to rants alleging racial discrimination, partially documented transfers of approximately $470 million received absolutely NO discussion.

Let’s begin with the rants. Here’s one example. A revision to equity guidelines for the Flood Resilience Trust consumed 20 minutes of discussion including a 6-minute monologue from Commissioner Rodney Ellis. In essence, Ellis said, “I support the new formula” in 894 words. I transcribed the rant in its entirety below. See if you can follow it. Among other things, Ellis:

  • Says he hopes to reduce a HUD appropriation from $750 million to $250 million. 
  • Confuses the County with the City; and flood mitigation with parks and police. 
  • Drags Harris Health into the discussion for some unexplained reason. 
  • Invokes ‘back of the bus’ language to describe watersheds receiving the lion’s share of funding. 
  • Threatened to sue a federal agency trying to give the county $750 million.
  • Claims the County didn’t make specific project recommendations/allocations for the flood bond (which it did).
  • Overlooks the contribution of partner funding to build a case for not chasing partner funding.

It gets better! Read on.


Rodney Ellis on New Equity Formula

“Commissioner Garcia, some of the issues that you were raising and Commissioner Ramsey were raising, I think that this proposal for prioritization-framework modifications will address some of them. Commissioner Ramsey, first of all, I want to point out that the 2018 package of $2.5 billion would in no way fund all of the projects that people talked about. I also want to reiterate that coming off city council a long time ago, I argued to list specifically what the projects were. It was a short fuse. If you remember Commissioner Cagle, you might agree with me. I was worried about having the election in August, as opposed to when more people would show up.

“But I didn’t win that battle and it passed despite my misgivings. But we were on a short time frame and I was told you cannot lay out the specific projects, because if a project…If you put in 20 million and it costs 50 million, can you get the creek? Or you put in 50 million and it costs 40 million and it didn’t quite sound right to me. Because unless the city did a better job of projecting what parks and police command stations will cost, you know, inflation. But that’s what was said. And I was not going to argue with it and didn’t think I had the support of the court anyway.

“But 2.5 billion was never going to fund all of the items that were on the radar, shall we say, because a decision was made not to lay them out with specificity was how to do a cap improvement program. I also want to say that to my knowledge, maybe others’, two projects had come to my mind that weren’t on the radar. One was in your precinct. The education project came from them.

“The other one was in another county – Commissioner Cagle’s area. I don’t know where it is now, buying some land in another area that certainly had some political gravitas to it.

“I argued for two things. The varnish was coming off. What I wanted to despair to say, and everybody said that they were for getting rid of disparities until it was time to vote. Send somebody to do statistical analysis to see if they had one. And I was told, you pay for it. And you can do it. So Precinct One paid for it. Thank you to the women. Precinct One, you added $660,000 back. And of course, it showed there was a tremendous disparity. I would encourage you to listen to Harris Health’s discussion of why they’re going to lay off the expert study off. So it will be interesting to see what Bert came up with, but that’s history. Going forward, we will do better as we are doing better here, I think. 

“The other item I wanted was the equity guidelines. Now, once it passed, there were those who thought equity meant just split 2.5 billion…four ways…which would be highly inequitable if we all agreed that chasing federal money with a cost benefit ratio and a host of other issues meant certain neighborhoods that flooded all the time didn’t get funding regardless of why, chasing federal money, that’s what happened. So all of these projects were started. We know three big ones, Commissioner Garcia, in your precinct and mine, and might touch all our precincts, in Halls and Greens.

“We were chasing GLO money or federal money that never came, so they were delayed. So, then resiliency was created as a way to get stuff here created to fill up the gap. And whether or not it would fill it all up, I don’t know. But I, for one, would not just talk the talk. You got to pay for it, pay for it. Or maybe politely find a way to just pass a resolution and say you resolve to do it down the road. This prioritization framework makes sense because it places a greater emphasis on the number of people that a project would address instead of what neighborhood you live in.

“I can’t say it enough. Something’s wrong. When this county had a system where you protect the neighborhood I live in now, but the neighborhood I came out of – even if that one historically flooded more. It also says we do not consider partner funding as a factor because who gets partner money? Well, that’s part of the funding.

“The neighborhoods have always been privileged. It’s just that way. And we use the latest data to invest in projects that address structural delay both inside and outside the 100-year network. So, I can’t wait until you bring it up and I’m going to vote for it when it comes up.

“And I tell you, just as I’m proud of what Texas Housers did, and I’m proud of what HUD did to get us our 750. Hope we get down to 250 and I hope the city gets this bigger because they deserve it. We both do.

“And if we don’t follow prioritization framework like this, I will be the first one finding somebody to file a lawsuit and raising all kind of hell at HUD because we will continue to neglect those neighborhoods that have always been on the back of the bus. But other than that, thank you very much.”

– End of Ellis Monologue –


Diversionary Tactic?

How can one react to rambling, unsubstantiated rants such as this!

During the meeting, as I tried to look for backup on several agenda items, the county website froze on numerous occasions – shades of the IT debacle at Universal Services.

To set the record straight, Brays Bayou, the watershed in which Commissioner Ellis grew up AND in which he now lives, has received $575 million in flood-mitigation funding in the last 22 years. White Oak, the watershed where Commissioner Garcia now lives, has received $525 million in funding. That’s almost one third of all the flood mitigation money spent in the county since 2000 – on two watersheds out of 23. No watersheds have received more!

Flood mitigation spending in Harris County during first quarter 2022 and since 2000. Obtained via FOIA Request.

Greens and Halls received another $620 million. That makes $1.72 billion. And that’s 46% of all the flood mitigation money in recent history.  

More than one long-time Harris County insider has characterized such rants as a diversionary tactic. Elsewhere on the agenda yesterday was a motion to make “routine transfers” between departments (see Item 17)

It received absolutely NO discussion and the Budget Management Department provided no backup for the agenda item. But the transfers totaled almost half a billion dollars. I had to obtain the backup through a special request. Notice how many of the transfers do not follow the industry standard for double-entry accounting – even though the forms request it.

Double-entry accounting shows where money is coming from and going to. That facilitates balancing the books and auditing. But in this case, the ‘from’ or the ‘to’ were omitted in 21 of 39 transactions for this year. Those 21 transactions alone totaled approximately $470 million.

I have no proof that anything illegal occurred and I’m not suggesting it did. But I am suggesting that Democrats, who pride themselves on transparency, could improve on that score.

Eight hour meetings filled with incomprehensible rants, agenda items without backup, backup that omits crucial elements, and a website that intermittently stopped responding during the meeting create barriers to public participation and government oversight.

Posted by Bob Rehak on 4/27/2022

1702 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.

Harris County still has not posted video of yesterday’s meeting. Here’s an audio recording of Mr. Ellis‘ rant so you can check the transcription yourself. He is admittedly hard to understand at times.

First Quarter 2022 Flood-Mitigation Spending Update, New Equity Formula

In the first quarter of 2022, Harris County Flood Control District spent a total of $84 million. That brought the total of flood mitigation spending since 2000 up to almost $3.8 billion.

For the first time since ReduceFlooding.com started tracking these numbers via Freedom of Information Act requests, spending in the Hunting Bayou watershed led all other watersheds. Brays Bayou, the previous front runner, dropped into second place. Cypress Creek, White Oak Bayou, Clear Creek, and Halls and Greens Bayous virtually tied for third place in spending. The San Jacinto Watershed came in 17th despite the fact that it is the largest in the county.

Watershed spending by Harris County Flood Control District last quarter and since 2000. Includes partner funds and all phases of all projects.

The Galveston Bay and Vince Bayou Watersheds had no invoices reported during the quarter. Totals for Jackson and Addicks were restated to account for a change in accounting, resulting in negative numbers. Previously HCFCD reported dollars spent by project management status. The District now reports totals by invoice date. The new method is more precise.

First Quarter 2022 Watershed Rankings

Negative numbers reflect adjustment for change in accounting described above.

Cumulative Spending Since 2000

Ratio between highest and lowest is almost 100 to 1.

Totals Since Harvey

Between Harvey and the end of 2021, HCFCD spent $1.45 billion on all watersheds. The $85 million spent in the first quarter of 2022 brings the total since Harvey up to $1.535 billion.

San Jacinto Watershed

Of the almost half million dollars spent in the San Jacinto Watershed during the first quarter of 2022, virtually all of it was spent on preliminary engineering and design. The Harris County Flood Control District shows only one active capital improvement construction project in the San Jacinto Watershed valued at $1,000. That’s the Excavation and Removal Contract on the Woodridge Village Property to develop additional floodwater detention capacity. Compare that to the $15.6 million spent on construction in Hunting Bayou.

Equity Formula Being Changed Again

The disparity in totals between watersheds largely has to do with Federal partner funding and the equity funding formula passed by three Democrats at Harris County Commissioners Court. The original formula has been revised again and again to send more and more funding to watersheds with high percentages of low-to-moderate income residents. Commissioners started debating another set of changes to the formula today that would apply to money in the Flood Resilience Trust, but did not vote on it.

The changes recommended include:

  • Prioritizing people over structures
  • Eliminating partnership funding from consideration
  • Recommending proxies for FEMA data since 1977
People Over Structures

This change would favor spending in densely populated neighborhoods inside Beltway 8 as opposed to neighborhoods with more single-family homes outside Beltway 8. For example, 100 people could live in an apartment building on a single acre. So could 3 people in a single family home. The only problem: Flood control has no way of determining how many people live in an apartment building. So the District will have to use an average for the watershed, according to Dr. Tina Petersen, the new head of flood control.

Partner Funding

Democrats don’t want to wait for partner funding. They want to start projects right away, using bond money and other funds diverted from the toll road. Using out of pocket money could speed up flood-mitigation projects in low-to-moderate income neighborhoods, but it could also reduce the size of the total pot, jeopardizing badly needed projects somewhere.

Dated Data

Using 1977 data would disadvantage areas outside the Beltway, which was under construction at that time. Places like Kingwood were just beginning to be built. So using the older data from the Seventies would stack the deck in favor of inner-city neighborhoods. However, there was no universal agreement on a suitable substitute for the FEMA damage claims.

“Who Goes First?” No Longer the Issue

These constant changes to an equity formula which was originally conceived as a “Who goes first?” tool, seem to make less and less sense now that all flood bond projects have started. So commissioners are considering these changes in regard to the Flood Resilience Trust. That money will theoretically allow development of more projects when the flood bond expires. But no one has yet determined the list of projects for that money. So Commissioners still have many details to work out.

One huge related detail is developing a plan for how to spend $750 million in HUD partner funds. The county administrator seems to have turfed the assignment to the Community Services Department. Said another way, they took it out of Flood Control and put it in a department that has had four leadership changes in four years.

Out of 154,000 homes in the county damaged by Harvey, Community Services managed to distribute only $21.4 million in repair funds.

No offense. I’m sure this is a difficult job. And I’m sure the county has talented people. But justifying flood-mitigation grants seems to be more of a job for engineers than people who handle claims. The adventure continues. More details in coming weeks.

Posted by Bob Rehak on 4/26/2022

1701 Days since Hurricane Harvey