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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.

*Houston Mayor Sylvester Turner at Kingwood town Hall Meeting*

Turner Fires Back

Turner’s office issued a press release that said in part:

“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.

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:

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.

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.

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.

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:

Project ID: G503-06-00-E002
Bond ID: Z-02

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.

*Image courtesy of HUD. For more on the need for affordable housing, click here.*

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 1 – Scoring results for four NOFAs
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.

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.

FEMA Study Shows Better Building Codes Provide 11-to-1 Return

A recent study by the Federal Emergency Management Agency (FEMA) demonstrated the value of adopting hazard-resistant building codes. They can provide an 11-to-1 return by reducing losses and helping communities get back on their feet faster after disasters. Not to mention saving lives. This 12-page brochure summarizes the 189-page study.

What FEMA Found

FEMA found that only about a third of counties and municipalities across the U.S. have adopted modern building codes; 65% have not. People living in those places, says FEMA, are bearing a dangerous, costly, and unnecessarily high level of risk in the face of natural disasters.

Weighing Costs Vs. Benefits Makes Compelling Case

The additional cost of building features such as roof tie-downs, window protection, strengthened walls, is on average less that 2% of total construction costs. Yet FEMA’s study found that areas with modern building codes will avoid at least $32 billion in losses from natural disasters when compared to jurisdictions without modern building codes.

That likely underrepresents savings, because the study focused only on buildings constructed since 2000, which represent only about 20% of buildings in the country. It also did not include “indirect losses” such as business interruption, time off the job to rebuild, and tax revenues lost.

Forty to sixty percent of small businesses do not reopen after a flood or hurricane which affects the overall viability of the entire community.

The next part of the brochure talks about the escalating threat of natural disasters and breaking the chain of destruction.

FEMA found that every $1 spent on mitigation in new building code construction saves $11 in disaster repair and recovery costs.

For instance, spending $4,500 to elevate a new home, and install roof-tie downs and storm shutters could save $48,000 during the life of a 30-year mortgage.

A 1% cost premium will provide the roof tie-downs, window covers and other features that help a house survive high winds during a hurricane. In addition, 1.2%–1.7% cost increase over standard construction costs will raise the ground floor, generating the “freeboard” needed to withstand most floods.

How to Help Your Community Get Better

The final part of the brochure provides a roadmap for getting cities and counties to adopt better building codes.

For its part, FEMA is starting to provide grants to cities that have adopted contemporary building codes through its BRIC program (Building Resilient Infrastructure and Communities). Here’s this year’s Notice of Funding Availability.

It appears that Texas could qualify for a billion dollars in BRIC grants if the State adopted current building codes.

Many people just assume that local officials have their backs and are doing the right thing when it comes to adopting the latest building codes. But obviously, if two thirds aren’t current, that’s a bad assumption. Building codes may not be the highest priority of officials. So how can you know which standards your community goes by?

The Department of Homeland Security has developed a new website called InspectToProtect.org. Putting your address, city or zip code in the search bar. The site will then search its database and tell you where you stand.

Use this information to start a dialog with your local representatives. You can also point them to this 90-minute video of a webinar produced by FEMA. It’s called “Where and How We Build: Using Land-Use and Building Codes to Increase Resilience.”

Posted by Bob Rehak on 11/22/21

1546 Days after Hurricane Harvey

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.

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.

Lawsuit Alleges Harris County’s Ellis-3 Redistricting Plan is Unconstitutional

A lawsuit filed yesterday with the Harris County District Clerk alleges the Ellis-3 Redistricting Plan adopted in the Harris County Commissioners Court Meeting on 10/28/21 is unconstitutional. The Ellis-3 plan would deny virtually everyone in the Lake Houston Area the ability to vote in the next county commissioner election. If allowed to stand, the plan also has the potential to affect all aspects of county government from flood mitigation to services and taxation. Below is a summary of the lawsuit. See the entire lawsuit here.

Basis For and Goals of Suit

The lawsuit claims the Ellis-3 Plan, which renumbered precincts in addition to redrawing them, disenfranchises more than 1.1 million people of their right to vote in next year’s Harris County elections.

Modified Ellis Plan will flip precincts 3 and 4 — *Ellis-3 Plan will flip precincts 3 and 4. Colors represent new precinct boundaries and lines represent old.*

Plaintiffs in the lawsuit include Republican Commissioners Tom Ramsey in Precinct 3 and Jack Cagle in Precinct 4. The suit names County Judge Lina Hidalgo and Harris County as defendants. Significantly, defendants may be barred from asserting governmental immunity under a legal principle called ultra vires and the Texas Declaratory Judgments Act. “Ultra vires” describes an act which requires legal authority, but is done without it.

The plaintiffs seek a temporary restraining order and injunctive relief that bars the County from using the Ellis-3 plan for the upcoming 2022 election cycle for Harris County Commissioner elections. Plaintiffs also seek to extend the filing period for new candidates and incumbents until after the lawsuit is resolved.

Suit Claims Ellis-3 Plan Deprives 1,125,937 People of Right to Vote

One of the most significant features of the Ellis-3 Plan was that it moved more than a million voters between even- and odd-numbered precincts. In Texas, when people vote for county commissioners depends on whether they live in even- or odd-numbered precincts.

Even-numbered precincts will vote in the 2022 election cycle and odd-numbered precincts will vote in 2024. So when Ellis flipped the numbers for Precincts 3 and 4, he “illegally and unconstitutionally” stripped 1,125,937 Harris County voters of the right to vote in the next election, according to the suit.

The Texas Constitution established the odd/even rules in 1954 through an amendment which also staggered the initial terms of Commissioners, thus ensuring half would be elected every two years.

Virtually all registered voters in the heavily Republican Lake Houston Area would be deprived of their right to vote for commissioners in the next County election.

New precincts in Harris County — *New precincts in the Ellis 3 Plan would deprive virtually all Lake Houston Area voters of their right to vote in the next election by putting them in an odd-numbered precinct.*

*How Ellis-3 Redistricting plan affects Lake Houston Area*. Formerly split between Precincts 2 and 4, now everything is in Precinct 3 except for Summerwood *and will not be able to vote in the next county election.*

The Ellis-3 Plan moves voters from even-numbered precincts into odd-numbered precincts as follows:

7,192 move from Precinct 2 to l
139,434 move from Precinct 2 to 3
215,142 move from Precinct 4 to 1
764,169 move from Precinct 4 to 3.

Accordingly, last month’s adoption of the Ellis-3 Plan will prevent more more than 1.1 million people from voting in the next election who otherwise would have voted. The lawsuit calls that “a total and complete abrogation of their constitutionally mandated right to vote.”

17.71% Disparity in Population Made Redistricting Necessary

The lawsuit acknowledges that redistricting was necessary. Under state law, precincts are supposed to have equal-sized populations…or as close as you can get. But in no event should variation from the ideal exceed 10%.

However, prior to redistricting, unequal population growth between 2010 and 2020 exceeded that 10% maximum.

2020 Census data on the Harris County Attorney’s website shows precinct populations varied from the “equal-sized” ideal by the following percentages:

P1 -0.36%
P2 -10.47%
P3 +7.24%
P4 +3.59%

That created a population disparity of 17.71% between the largest and smallest precincts, almost double the amount allowed under state law.

2 Million Move Precincts when 200 Thousand Would Have Sufficed

However, the lawsuit also claims that the Ellis-3 Plan moved 2.2 million between precincts (both odd- and even-numbered) when constitutional requirements could have been met by moving only 201,713.

Plaintiffs also claim that they have created a “demonstration map” where population deviations were addressed but ZERO citizens lost their right to vote in the next election. (However, Plaintiff’s did not include that map with their legal filing.)

Plaintiffs offer a simple explanation for why excessive shifting occurred. They assert that “Commissioner Ellis wanted to do whatever it would take to draw a new map that would create three (3) Democratic seats.”

The original petition claims, “…the Ellis 3 Plan does just that.”

“It maintains Ellis’ Precinct I as a reliably Democratic district, making sure that Latino voting strength is too weak to beat him in a primary election, especially given the African-American support he enjoys in that precinct regardless.”
“It strengthens Precinct2’s democratic strength in the hopes that Commissioner Adrian Garcia can withstand a general election challenge by a Republican.”
“It packs Republicans into Precinct 3, such that the likelihood of Commissioner Ramsey being reelected is high.”
“By strengthening the Republican voting strength of Precinct 3, the consequence is to flip the likely partisan nature of Precinct 4 from Republican to Democrat.”

But to do all that, the lawsuit alleges, the Ellis-3 Plan disenfranchised 1.1 million innocent voters.

While generally mocking the lawsuit, even the left-leaning Houston Chronicle admitted today that, “The adopted Ellis map gives Democrats a 50 percentage advantage over Republicans in Precinct 1, 12 points in Precinct 2 and 12 points in Precinct 4.”

The Chronicle continued, “The endgame is that the Democrats can secure a 4-1 majority, which will give them the freedom to set tax rates with a quorum of four members and avoid a minority of two Republicans sitting out and derailing the vote.

Lawsuit Chances

Not one of the experts interviewed by the Chronicle writer gave the suit a snowball’s chance. One dismissed it as “political theater.”

But neither did the Chronicle mention that the Judge assigned to the case, Dedra Davis, was supported by Rodney Ellis in her last election bid.

*Judge Dedra Davis has been assigned to the redistricting case.*

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. The lawsuit has no chance. They will have to appeal up to a higher court.”

A second person sent me this photo. It validates the insider report.

*Judge Dedra Davis at Campaign Event with Rodney Ellis, whose plan she will rule on.*

Perhaps Davis will recuse herself since Ellis is the lead actor in this drama. Not recusing herself would seem to create grounds for an appeal. Here is the Texas law governing recusal of District Court judges.

Posted by Bob Rehak on 11/17/2021 and modified on 11/18 with addition photo of Ellis and the Judge in his case.

1541 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.

Sowing the Seeds of the Next Big Flood

To paraphrase a Biblical saying, “You reap what you sow.” This quote has both positive and negative connotations. In a positive sense, it means “The more seeds you plant, the more you harvest.” In a negative sense, as Robert Louis Stevenson said, “Sooner or later, everyone sits down to a banquet of consequences.”

Parallel with Flood Control

That’s quite true of flood control where, as a society, we seem to have a knack for eroding margins of safety by paving over wetlands, clearcutting trees, understating detention requirements, avoiding floodwater detention, destroying riparian vegetation, building in floodplains, developing next to rivers, sand mining in floodways without minimum setbacks, and more.

Examples from Recent Posts

There’s the development in Spring that chopped down trees along the Spring Creek Greenway.

*Where Breckenridge East Crosses Spring Creek Greenway* *is circled in red.*

A new development next to Kingwood along the West Fork that will pave over wetlands.

*Future site of Northpark South subdivision at Northpark Drive and Sorters-McClellan Road. Grassy area in forest is wetlands.*

Where 131 homes will be built 9-to-the-acre, five feet apart, right next to a tributary of Bens Branch.

*Preserve At Woodridge Forest. Looking West*.

The 17-acre RV Park whose engineering plans show that the amount of impervious cover didn’t change even after adding 25% more paving to the site. And whose detention pond will be 50% smaller than current standards thanks to a technicality in the submission date of the original plans.

Drainage from Cleared Area will be funneled toward Lakewood Cove homes in foreground. — *Drainage from cleared area will be funneled toward Lakewood Cove homes in foreground.* *Detention pond will be about half of current standard.*

Avoiding construction of detention ponds by exaggerating the infiltration rates of soil types.

*Lack of detention ponds in Colony Ridge contributed to wash out FM1010 in Liberty County near Plum Grove.* *Soil surveys claimed soil was more sandy than clay-based*, which contradicted USDA findings.

Sand mines that build stockpiles in floodways.

*Stockpile at Triple PG Mine in Porter lies at the confluence of two floodways – Caney Creek in foreground and White Oak Creek in woods in background.*

Engineers who try to “beat the peak” of a flood by getting their floodwater to the river faster so they don’t have to build detention ponds.

*2200-acre Artavia Development in Montgomery County dumps floodwater and silt into West Fork after channeling drainage through sand mines.*

Developers that build new homes closer to the river than destroyed homes now being bought out just a mile upstream.

*Kings Harbor Condos within feet of West Fork*

Ex Post Facto Analysis Won’t Be Needed After Next Flood

I could cite hundreds of more examples, but you get the idea. This is like death by a thousand cuts. When the next big flood comes along, someone will ask, “How’d that happen?” And the answer will be, “We reaped what we sowed.”

It’s been 1536 Days since Hurricane Harvey. If ever there was a wake-up call, Harvey was it.

More than one out of every ten structures in Harris County flooded.
60,000 people had to be rescued by government agencies.
Civilian resources rescued tens of thousands more.
300,000 vehicles flooded.
22 major freeways were cut off and impassable.

Damage totaled $125 billion. FEMA:

Processed 47,000 flood insurance claims.
Made 15,800 small business loans…
And approved 177,600 individual assistance grants.

68 people died directly in Harvey, most from being caught in fast-moving floodwaters.

And we’re spending more than $5 billion on flood mitigation projects in Harris County.

“It Didn’t Have to Be that Bad”

The saddest part is…it didn’t have to be that bad.

A lot of death, damage and destruction could have been avoided…FOR FREE. If only we had learned to listen to and respect Mother Nature more.

That’s a conclusion I have reached after four years of research into flooding in the North Houston area.

My voyage of discovery turned into this website where I share what I learn virtually every day and sometimes twice a day.

The next step in my journey will be to condense everything I’ve learned into a book that hopefully becomes a case study in how to reduce flood damage.

The major themes will be:

Understanding the causes of flooding
How nobody ever wins an argument with Mother Nature.
Learning to respect rivers and giving them room to roam.
Ending the war on wetlands.
Respecting individual property rights while recognizing our interdependence.
Finding a workable balance between upstream and downstream interests.
How conservation and preservation can be so much more effective than mitigation.
How quickly we forget…and trick ourselves into thinking next time will be different.

In the coming weeks, I hope to explore solutions to some of the problems above. If we can learn to work together, we can live together. And if we protect Mother Nature, Mother Nature will protect us. Let’s reap what we sow in a positive sense next time.

Posted by Bob Rehak on 11/16/21 with grateful thanks to Bayou Land Conservancy and its supporters

1540 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.

GLO Extends Deadline for Harvey Homeowner Assistance Applications

The original deadline for Hurricane Harvey Homeowner Assistance applications has been extended from this Friday to New Year’s Eve at 5 P.M. Applications do not have to be completed by then, just started by then. So if you still hope to receive aid, move quickly. Money is running out and eligible applications will be prioritized based on who applied first.

The process involves a large number of documents and complex rules that govern eligibility. Here is the full text of this morning’s press release from the GLO. It includes information on where to apply.

*What remained of a home washed downstream during Harvey. Photo by Dan Monks.*

AUSTIN — The Texas General Land Office (GLO) has extended the deadline to submit applications for the Homeowner Assistance Program (HAP) to 5 p.m. Dec. 31, 2021. All potential applicants must submit draft applications by the deadline to be considered for eligibility so long as funding is available.

We encourage the community to remember that applications do not need to be fully complete to be submitted. Once application intake concludes, additional program resources will be dedicated to processing applicants for eligibility, through the permitting process and into construction. Applications can be submitted even if documentation is missing as HAP applicant coordinators continue to help applicants who are missing documentation.

The HAP regional offices will remain open, and processing of applications will continue indefinitely until program funds are fully expended. Applications will be considered for award on a first-come, first-served basis, according to the priorities outlined in the Regional Housing Guidelines.

Submitting a complete application does not guarantee eligibility nor funding availability, but applicants must submit a complete application by the deadline to be potentially considered for assistance.

Those residing inside the Houston city limits should apply at recovery.texas.gov/hap/houston, while non-Houston residents of Harris County should apply at recovery.texas.gov/hap/harriscounty. New applicants can also call the toll-free intake center line at 1-866-317-1998.

Harris County and the City of Houston received direct allocations of funding for residents in their jurisdictions. Applicants who previously applied to and are receiving assistance from Harris County and the City of Houston directly should continue to work with their program representatives.

In the City of Houston, applications being processed for eligibility already outnumber available funds, but funds remain available in non-Houston Harris County areas. HAP continues to take waitlist applications in Houston in case additional funding becomes available.

Waitlisted applications will be reviewed for eligibility in the order received based on their submission date, should additional funding be approved. Applications that are started, but not yet submitted by 5 p.m. on Dec. 31, 2021, cannot be considered for assistance.

Thus far, in all 49 counties eligible for Community Development Block Grants for Disaster Recovery (CDBG-DR) funding from U.S. Department of Housing and Urban Development (HUD), the GLO has approved nearly 6,900 applications for construction, with about 850 homes currently under construction and more than 4,000 completed with keys in the hands of homeowners.

The GLO continues processing completed applications with the expectation of rebuilding up to 10,000 homes total for those needing assistance with available funds, with approximately 3,000 of those homes expected to be rebuilt in Harris County and the City of Houston.

Individuals affected by Hurricane Harvey may qualify for assistance through the Homeowner Assistance Program if:

They owned their home
It was damaged or destroyed by Hurricane Harvey
It was their primary residence at the time of the storm
Other eligibility factors also apply.

The program offers qualified homeowners assistance to repair, rehabilitate or rebuild homes damaged by Hurricane Harvey. Potential applicants should review the Homeowner Assistance Program Checklist to have all applicable documents ready prior to applying.

Interested homeowners can visit recovery.texas.gov/hap/houston or recovery.texas.gov/hap/harriscounty to find more information.

– End of Release –

For More Information About Homeowner Assistance Applications

The GLO’s main Homeowner Assistance Program website – https://recovery.texas.gov/hap – also provides links to these important documents:

Applications, including all necessary documentation, must be completed and submitted BEFORE the GLO and its partners will begin processing it for eligibility. Each application submitted must be individually evaluated to determine eligibility. If applicants or potential applicants have questions, please contact 346-222-4686 or 1-866-317-1998 (toll free).

Posted by Bob Rehak on 11/15/2021 based on a Texas GLO press release.

1539 Days since Hurricane Harvey