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1000 Days After Hurricane Harvey, Jennifer and Chris Coulter Feel Blessed in Many Ways

The latest interview in my Impact s eries: Just months before Hurricane Harvey, Jennifer Coulter and her husband, Chris, decided to start a new company called Texas Power Agents. The SBA used the timing of that decision to deny them a loan. And because they were then forced to liquidate their 401Ks to repair their home (a move which Jennifer thought counted as income), the City then denied them a Homeowner Assistance Grant. Through it all, they managed to rebuild their home, grow their company, and grow closer as a family. Long ago, they stopped expecting help from the bureaucracy and rebuilt their home with their own hands and the help of friends. Now, one thousand days after Harvey, they look back at the whole experience as a blessing in many ways.

Bob Rehak: Harvey flooded your home. How badly?

Jennifer Coulter: Almost two-feet. But we gutted up to four feet. The house was unusable for a long time because it’s a one story house.

*Jennifer Coulter is dwarfed by the pile of debris in front of her home.*

The Great Post-Harvey, Year-Long Camp Out

Bob Rehak: You lived in a camper in your driveway for about a year.

Jennifer Coulter: That was our best move! We went to a friend’s house for a week. And then another friend’s. Once we figured out this was a long-term process, we got a rental property. But the landlord tried to change the amount of the lease after we moved in. So we moved on.

Jennifer Coulter: Then, a friend whose mother’s house had been vacant in Oakhurst for five years invited us to move in and just pay the utilities. But after two months, the family trust decided to sell the home.

That’s when we bought the trailer. We knew we needed to be in control of our living situation. The only way we could do that affordably was with a trailer. But we had to buy a new one; there were no used ones available. And so, yeah, we went to Oklahoma, bought a trailer and lived in it for almost a year in our driveway. Two adults. Two kids. Two cats. And one dog. That actually turned out to be the right decision. We wish we had made that choice first.

*Birthday party in the driveway with the new trailer.*

Fruitless Search for SBA Help

Bob Rehak: So this whole time you’re working on your house?

Jennifer Coulter: We were gutting it. But we had no means to finance the rebuild. We were trying to figure that part out. So, we applied for an SBA loan. People told us that was our only option, since we didn’t have flood insurance and there was no way to get a home equity loan.

*The Coulters ran out of room in their garage and started storing carts and construction materials in their living room.*

Bob Rehak: Why didn’t you have flood insurance?

Jennifer Coulter: We live more than two miles from the West Fork in the 500-year flood plain. It was a bad miscalculation.

Bob Rehak: So you started the process of getting an SBA loan?

Jennifer Coulter: Yes, we filled out the application. And because we started a small business just six months before the flood, we were not eligible. We didn’t have two years of tax returns on the business. And we were not receiving paychecks from an employer. They denied us for “inability to repay the loan.” Even though we had great credit and assets well in excess of the amount we were asking for, the SBA denied us.

Drawing Down 401Ks to Afford Repairs

Bob Rehak: Where did you go next?

Jennifer Coulter: To our 401Ks. I had two small retirement accounts and Chris had a sizable one. Taking money out of those would later prove to be yet another fateful decision.

Bob Rehak: You were your own general contractor.

Jennifer Coulter: Yes, we did not have money to pay one. But that meant we had to figure out how to do it ourselves. That created extra stress while we were trying to grow a new business.

*Chris and Jennifer Coulter in their front yard* *workshop during the rebuild.*

Bob Rehak: Back to the search for aid. You eventually applied for a homeowner assistance grant.

Jennifer Coulter: I applied the first day you could back in February 2019.

Bob Rehak: Tell me about that process. Did you start online and then go downtown to finish?

Jennifer Coulter: They never invited us to go that far. The first step was to fill out a survey that screens people. You just give general information about damage to your home, your income level, and that sort of stuff.

Tapping 401Ks Counts Against Them

Jennifer Coulter: So when asked about income, I put what was on our 2018 tax return because I thought that was what they required. But we were cleaning out retirement funds to repair the home, because the business had not yet taken off. I was told that within days or maybe two weeks that someone would reach out to us. And at that point, we would fill out a formal application. Then we would receive whatever funds we may or may not be eligible for. No one ever called back.

So I called them back. At least six times. But every time, I was told, “Well, you’re in priority group six; we’re still working on priority groups one and two.”

We never even made it to the application phase to be considered for anything.

City Won’t Let Them Undo Mistake

Bob Rehak: You said at one point that you reported the withdrawal from your 401Ks as income and you eventually came to realize that was a mistake. Did you try to undo that?

Jennifer Coulter: Yes, I called and said “I’ve made a mistake. I think I put something as income that really shouldn’t be income. How can I amend my survey?”

She said, “Well, we’re addressing them in the order of receipt. So if you changed it, that puts you at the back of the line.”

Bob Rehak: Really?

Jennifer Coulter: I was told not to change a thing, that I had a better chance of moving down the line if I left it as it was. And when I got further into the process and got to speak with an agent, I could work out details then.

Bob Rehak: Who were you talking to at this point?

Jennifer Coulter: The people that answer the phone at the Homeowner’s Assistance Program website.

I haven’t called in several months. It was a total waste of time. This money was allocated to help people like us. But the Small Business Administration denied us a loan, because we had just started a small business. The logic or lack thereof is just mind boggling!

Bob Rehak: So sad!

Turning Corner With Community Support

Jennifer Coulter: We’re not alone. But at least our business is growing. We have great community support. Most of our customers are in the Kingwood and Lake Houston area. And the business is growing by word of mouth. We feel so very fortunate.

We know that our recovery will be a long one. But we’ll get there, whether we receive aid or not.

*First Christmas back in the house, even if it didn’t yet have all the comforts of home.*

Bob Rehak: Where do you go from here? Are you just going to gut it out or do you still have hope for the loan or the grant?

Jennifer Coulter: I’ll probably see if I can get through to the GLO and give it one last ditch effort. But I assume it’s never gonna happen.

Where’d The Money Go?

Jennifer Coulter: It hurts. We saved so hard and vowed we would never touch that money until retirement. The City of Houston got hundreds of millions to help people like us. And then, according to Channel 13, they’ve managed to rebuild less that four dozen homes in more than a year.

It just makes college for the kids and things like that a big question mark. But we’ll figure it out. We will. We believe in our business and we believe we’ll be successful.

Someday this will all be a distant memory. We’ll work it out. That’s what we do. We put our heads down, work, and move forward.

The Silver Lining

Bob Rehak: How would you characterize this whole experience in a phrase?

Jennifer Coulter: Both a blessing and a curse. At the time, it was dark and scary and heartbreaking.

But then, you know, you pick your head up and you realize that you are surrounded by amazing people. They are willing to share blood, sweat and tears…literally. They helped us tear our house apart and put it back together. They’ve supported our kids. They’ve shared what they can. And that’s more valuable than money.

Chris and I truly feel blessed. Our kids have learned amazing lessons about what is important in life. And we now have this beautiful home that we’ve been able to remake just the way we wanted. As a family, we all had input. We all got to pick things out we wanted.

But we are no happier than when we were living in that trailer together.

Making Us Stronger

Jennifer Coulter: I have no doubt we can handle anything that comes our way, because we have, and we’ve come out ahead. And we would again. It was hard and it was sad, but it wasn’t the end of the world.

Chris kept it in perspective by saying, “This is not a tragedy. This is a major inconvenience.” He maintained that as long as we were healthy and together, we would get through it and come out on the other side. Hearing us say those things and watching us live them enabled all of us to come out of it together – both stronger and happier.

Bob Rehak: Your experience would have torn many families apart. What kept you together?

Jennifer Coulter: Laughter. We laugh together. And we love one another. And we allowed ourselves to have our bad moments and gave each other space when we needed it. But we were always there for each other.

Children made the experience harder because we were aware that everything we said and did was being taken in by them. But we were very honest with them. When we were having a bad day, we let them see us cry. We let them see us be angry and frustrated.

We’d say something like, “We’re having a bad day. But it’s OK. You know, tomorrow will be better.” And it was. And so they got to see that light. That’s real life. You get down. You pick your head up and get up the next day and move forward.

You just do it. You don’t belabor the point that somebody is not giving you something. Make it happen yourself.

Bob Rehak: Would you like to share anything else with people?

“Home is Where Your People Are”

Jennifer Coulter: We lived that motto. We made the best of every place we lived and at every point throughout the process.

The power of people is just really remarkable. And this is a really special place. A lot of people say that. But the love and the support that just came at us from so many people was just really, really remarkable. We’re just very lucky to live in this community.

Posted by Bob Rehak on 5/25/2020 with input from Jennifer and Chris Coulter

1000 Days after Hurricane Harvey

Heavy Rainfall Threat in Coming Days

Jeff Lindner, Harris County Flood Control Meteorologist just issued a heavy rainfall warning. Lindner notes that the line of strong thunderstorms currently moving across the area will drop rainfall amounts of 1-3 inches.

The good news: the leading edge of this line is becoming detached from the outflow boundary. That suggests storms will weaken as they move southward. Rainfall rates which were 2-4 inches earlier over N Waller and Montgomery Counties have lessened to near 1-2 inches. The main threat now is short duration street flooding in areas with the heaviest rainfall.

Tonight’s Forecast

Lindner points to extremely active radar out west along the Rio Grande. He says that’s where the next round of weather will be developing. He expects it to move quickly toward our area tonight. Models show this line of storms quickly reaching the area between midnight and 400 a.m. But at the speed it’s moving, he predicts only another 1-2 inches for most areas with this line.

*Intercontinental Radar as of 8PM Sunday night, 5/24/2020*

Monday Prediction

Continued high rain chances. The air may take much of the morning and early afternoon to recover from the early morning line of weather, but temperatures will only need to reach the low 80’s to trigger more storms. It will not take much heating to set things off, he warns. Storm motions could be fairly slow Monday afternoon and this could lead to excessive rainfall rates in a short period of time.

Tuesday-Thursday: Continued Threat

Upper level disturbances remain parked over the state with rounds of storms at nearly any time. Heavy rainfall will continue to be a threat.

Rainfall Amounts Add Up Changing Nature of Threat

Lindner concludes, “Moisture profiles certainly support heavy to excessive rainfall rates as seen today and if storms slow of train for a period of times totals could quickly add up. Grounds will saturate over time leading to increasing and eventually maximum run-off conditions…so the threat may grow from mainly street flooding to potential rises on area creeks, bayous, and rivers.”

Lindner concedes that it’s hard to pinpoint any day or time or location that has a higher flood risk than another. “So we will just have to closely watch each convective episode and be prepared to react quickly,” he says.

Impact of Today’s Rains on Elm Grove

Despite heavy rainfall this afternoon, Jeff Miller, an Elm Grove resident and frequent contributor, drove the streets of Elm Grove this evening. He notes that:

Streets still seem clear as of 8 p.m.
Taylor Gully is about half full, but water is flowing rapidly
Water level is about 2 feet from the top of the twin culverts at the Rustling Elms bridge.

Miller sees the possibility of that culvert being overflowed as a danger.

Posted by Bob Rehak on 5/24/2020 with reporting from Jeff Miller and Jeff Lindner

999 Days since Hurricane Harvey, 248 since Imelda, and four years since the last Memorial Day Flood.

Google Earth Images Suggest East Fork Swimming Pools Flooded By West Fork During Harvey

A close analysis of swimming pools and river currents in Google Earth satellite images suggests that many San Jacinto East Fork homes were flooded by the West Fork during Hurricane Harvey. Stories from East Fork homeowners suggested as much in the months after Harvey. Many reported water flowing through their property from west to east, not north to south as one might expect. However, to my knowledge, no one presented photographic evidence to support those claims – until now.

Eagle-Eyed Geologist Interprets Satellite Photos

A retired high-level geologist for one of the world’s largest oil companies analyzed satellite images in Google Earth. The eagle-eyed geologist, R.D. Kissling, lives in the Lake Houston area and kayaks that area regularly.

Kissling noted water-borne-sediment coloration changes between the East and West Forks after the SJRA started releasing 79,000 cubic feet per second from Lake Conroe. The image from 8/30/2017 shows West Fork water pushing into the East Fork. Note how water from the East Fork (upper right) and Luce Bayou (far right) are crowded over into a narrow band running down the (east) side of Lake Houston.

*Satellite image from 8/30/2017 shows West Fork water (middle left) pushing into East Fork (top right).*

Cloud cover obscures images from the previous day.

Flooded Swimming Pools Tell Part of Story

Kissling also examined the color of water in swimming pools. Most homes in Royal Shores on the East Fork have swimming pools that look bright blue on satellite images. See the image below from before the storm.

*Swimming pools in Royal Shores appear bright blue before the storm.*

But on 8/30/2020 during the storm, many of those had turned brown. Water was starting to recede by then, but note the boat houses still underwater. Above the red line, all swimming pools still appear blue.

*Royal Shores on 8/30/2017 during the storm.* *Note the concentration of brown swimming pools south and east of the red line.* *North, they are still blue (unflooded).*

The photo above is a magnification of the Royal Shores area from the wider satellite image above. Below, I’ve zoomed back out to show the wider image. I’ve also highlighted the Royal Shores homes with brown swimming pools so you can see their their relationship to the West Fork water pushing into the East Fork.

*Same image as above but with the part of Royal Shores highlighted that had flooded pools and that was ALSO apparently taking on WEST FORK water.*

Conclusions

Of course, by themselves, the swimming pool colors don’t prove that West Fork water flooded East Fork homes. But when considered in conjunction with the first image, they suggest to me the validity of residents’ claims. At a minimum, these images do not contradict those claims, according to Kissling.

Posted by Bob Rehak on 5/23/2020 based on analysis by R.D. Kissling

998 days after Hurricane Harvey

Putting Mouth Bar Removal in Larger Context; Need for Maintenance Dredging

As mechanical dredging whittles down the part of the San Jacinto West Fork mouth bar that sticks up above water, it’s important to think about longer-term maintenance dredging. Remember three things:

How the sand got there in the first place
Why it will be redeposited over time
What the consequences will be of not removing it periodically

How Sand Got There

Most movement of sediment happens during floods. Sand and silt washes downstream from two main sources: natural and man-made.

The natural sources include erosion from river banks and beds.

The man-made sources include the dirt that washes into your storm drain during a rain. They also include new developments and construction sites that disturb the soil without adequate safeguards like silt fencing. Finally, in our area, we also have an abundance of sand mines that pump and/or dump silty wastewater into rivers.

Why It Will Be Redeposited Over Time

So-called mouth bars are giant sand bars formed at the mouths of rivers. They form wherever a river enters an ocean, sea, estuary, lake, or reservoir. Whenever water slows, a river will deposit sediment. And it always slows when a moving body of water encounters a standing body of water. It’s a well understood geophysical process that occurs everywhere around the world. A prime example is the Mississippi delta.

Mouth bars are actually part of river delta formation. As they build up, they force a river to split.

Why Intervention Is Necessary In Populated Areas

As sediment builds up, if left alone, it will eventually choke the headwaters of the lake and form a flat swampy lowland. You can already see this beginning to happen on the East Fork San Jacinto.

Looking north at northern part of East Fork Mouth Bar, which has become vegetated. Note how it causes the river to split. The river is carving itself up into a maze of small channels. Photos taken 5/11/2020.

*Here’s the area immediately below the shot above. It is near the entrance of Luce Bayou to the East Fork. This area went from 18 feet deep to 3 feet after Imelda according to boaters.* *Photo taken 3/5/2020*. *Note how the newest mouth bar is forming in one of the channels formed by the previous mouth bar which has become anchored by vegetation.*

Looking west toward West Lake Houston Parkway Bridge and the West Fork of the San Jacinto. Note how this mouth bar also caused the river to split. Sediment is now being deposited on both sides, and will eventually cause another split *without more dredging.* *Photo taken 5/11/2020.*

*Looking south toward FM1960 from north of the mouth bar. Notice how shallow this section of the river has become. The loss of conveyance contributes to flooding.* *Photo taken 5/11/2020.*

*From Harris County Flood Control District’s page on the on-going Kingwood Area Drainage Assessment.*

Part of the reason for the buildup of sediment behind the West Fork mouth bar is that Ben’s Branch and another major drainage ditch have been dumping sediment into the river there. Luckily, HCFCD is removing sediment from these and other ditches. That will help reduce the problem in the river, but not eliminate it.

Need for Maintenance Dredging

Erosion is relentless. We can do many things to minimize it (preserve wetlands, use best management practices in sand mining and construction, etc.). However, as long as rain falls, we can’t eliminate it.

To my knowledge, until the emergency West Fork dredging program began in 2018, the upper San Jacinto had never been dredged since the Lake Houston Dam was built in 1953. That’s 65 years. Over that time, sediment build up turned into a $100+ million dredging program. And that doesn’t even include flood damages which likely total another BILLION dollars according to a City estimate. Imagine all the heartbreak and misery that could have been avoided had the City budgeted $2 million for dredging each year.

*Dredgers keep nibbling away at the mouth bar like an ear or corn, removing one row at a time.* *Photo taken 5/11/2020. Unfortunately, the effort to remove the portion of the bar above water may make people think the problem is solved, but it won’t* *reconnect the upstream river channel with the lake.*

Imagine the:

Flood losses we could have avoided
Recreational opportunities we could have realized
Reservoir capacity we could have preserved
Home values we could have multiplied.

For all these reasons, we need to start a serious dialog about maintenance dredging. Even if it’s not every year, we need it after every flood. Think of it as a yearly insurance premium against the next disaster.

The Army Corps estimated this bar immediately downstream from River Grove Park blocked 90% of the West Fork. In the three months before the Corps removed it, River Grove flooded six times. Since then River Grove has not flooded at all.

Posted by Bob Rehak on 5/22/2020

997 Days after Hurricane Harvey

City Announces Trash Pickup Schedule for Memorial Day Week

This is off topic, but it does affect thousands of readers, hence I’m posting this release from the City of Houston solid waste department. Please note: If your community association has private trash pickup, your schedule will vary. These dates and times affect only those with City pickup.

Solid Waste Schedule for Memorial Day/Week

Monday, May 25, 2020 (Memorial Day)
CITY HOLIDAY: NO COLLECTION SERVICES. All Facilities and services closed.

Tuesday, May 26, 2020
Monday’s garbage collected, B-Week Curbside Recycling, Yard Waste and 4th Monday’s & 4th Tuesday’s Tree Waste collected. Westpark Recycling Center and Reuse Warehouse re-open. Neighborhood Depositories remain closed.

Wednesday, May 27, 2020
Tuesday’s garbage collected, B-Week Curbside Recycling, Yard Waste & 4th Wednesday’s Tree Waste collected. Neighborhood Depositories re-open.

Thursday, May 28, 2020
Thursday’s garbage collected, B-Week Curbside Recycling, Yard Waste & 4th Thursday’s Tree Waste collected.

Friday, May 29, 2020
Friday’s garbage collected, B-Week Curbside Recycling & Yard Waste collected.

For more information about solid waste schedules, contact: Jessica Beemer at (832) 393-3008 or email districte@houstontx.gov.

Posted by Bob Rehak on 5/22/2020

997 Days after Hurricane Harvey

Detention Pond Work Continues at Woodridge Village Despite Change in County Purchase Offer

Two days ago, Harris County Commissioner’s voted to heap another demand on the Perry Homes’ Woodridge Village purchase offer. Even though they had already sent a formal offer to Perry last week! Now, before Commissioners cut a check for $14 million to Perry Homes, they want the City of Houston to contribute up to half the construction costs of a regional detention basin, not just half the purchase price of the land. So the City’s costs went from half of $14 million to half of (potentially) $44 million. In other words, they tripled.

Despite the hiccup, however, construction crews at Woodridge Village are back in high gear. After a short rain delay, they continue to excavate all three detention ponds on the northern section.

Martin Provides Text of County’s Original Offer to Perry

Separately, City of Houston Mayor Pro Tem Dave Martin sent ReduceFlooding.com the County’s original offer letter on the property dated 5/14/2020. Even though the letter has been superseded by changes made in Commissioner’s Court last Tuesday, it’s interesting to note two provisions in the original purchase offer.

“If the parties are unable to execute a mutually agreeable earnest money contract within 75 days after the date of this letter then this offer will be considered withdrawn and void.”
“If this proposed transaction is successful, the City and District (HCFCD) will work together to secure partnership funding from others to include, but not be limited to, the state and federal government in order to build the maximum flood risk reduction benefits at this site.”

The 75-day limit may be ambitious now that the City has to come up with more land (in lieu of cash) – and transfer it to the county before the deal becomes effective. (See below.)

And if other levels of government get involved, such as the State and Federal governments, that could create more delays. It took approximately 950 days to get all levels of government to the point where preliminary engineering could begin on more gates for the Lake Houston Dam. And it will take at least another three years to complete the project, assuming FEMA approves construction.

Conditions Must be Met Before Deal

Time is crucial because Commissioners made it clear Tuesday night that they want to see the City meet conditions on the sale before writing a check. They are not taking the City’s word that the City will fulfill its end of the bargain at some unspecified point in the future. They worry that could take 20 years. This was yet another crucial change in the offer that will require more time.

The County wants the money or land upfront so that it can begin work immediately and limit its potential liability.

Martin Insists Conditions are “No Problem”

Mayor Pro Tem Dave Martin insists that the City has no problem with updating drainage and floodplain regulations related to Atlas 14. Nor, he insists, will the City have a problem coming up with land in lieu of cash. However, the City Council has not yet approved either.

“It’s not necessary to take up any issue with this through a City Council vote as there is no Interlocal Agreement to vote on,” says Martin. “Until Harris County Flood Control sends us an Interlocal Agreement to vote on, we don’t take action. We understand HCFC is working on this document as we have daily communication with them.”

Perry Plows Ahead

Meanwhile, Perry contractors continue to excavate detention ponds. Here’s where things stand as of this afternoon.

N1 Pond – Contractors are excavating in a northerly direction to connect the tail of N1 to the main body of the pond.
N2 Pond – Contractors continue to expand and deepen it.
N3 Pond – Contractors are extending it south to where it connects to Taylor Gully. They’re also sloping edges.

*Contractors excavating the N3 pond on the northeastern border of Woodridge. Photo taken 4/21/2020 by Jeff Miller.* *Miller estimates that, weather permitting, they may finish* excavating N3 early next month. *Of course, it will take longer than that to make the pond fully functional.*

*Contractors excavating the N1 pond in the northwestern corner of Woodridge Village.*

*General layout of detention ponds on Perry Homes’ property.*

In addition, contractors are:

Lining more of Taylor Gully with concrete
Getting ready to connect N1 and N2
Using dirt excavated from ponds to raise other areas.

This afternoon, Perry had approximately two dozen pieces of earth-moving equipment hard at work on the site. Perry has said that if the County and City couldn’t come up with a deal by its May 15th deadline, they would continue to try to sell the property on the private market or finish developing it themselves.

Posted by Bob Rehak on 5/21/2020 with thanks to Jeff Miller for reporting and photography

996 Days since Hurricane Harvey

County Posts Video of Meeting in Which Conditions Were Added to Purchase of Perry Property

Yesterday’s Harris County Commissioners Court meeting contained two separate discussions of vital interest for those worried about flooding in Elm Grove. Thankfully, the Commissioners post video of their meetings online so you can hear exactly what they had to say as well as how they said it.

The meeting went from 10am well into the evening hours. So you can go directly to the relevant portions, I’ve provided the timing code below. All are approximate. Here’s the link: https://harriscountytx.new.swagit.com/videos/62513. Make sure you go to Section V of the video.

County Discusses City’s Partial Adoption of Atlas-14 Standards

The first discussion lasts approximately 10 minutes from 5:20 to 5:30 into the video. It related to Item 1V on the agenda, the adoption of Atlas 14 standards by municipalities within Harris County.

At 5:20:07 John Blount, the county engineer, talks about adoption of Atlas 14. That was one of the original conditions that Commissioners placed on the purchase of the Perry property, i.e., that the City adopt a series of changes to floodplain and drainage regulations related to Atlas 14.

Precinct One Commissioner Rodney Ellis uses that opening to introduce Elm Grove as a topic that wasn’t on the agenda. See Ellis at 5:21:25. He asks how we can get neighboring counties to participate.

At 5:22:29, Blount clarifies that the proposed rule changes would apply to the City’s ETJ (extra territorial jurisdiction. That includes most of southern Montgomery county. Blount explains why that’s important. “It’s about protecting our investment in projects so their benefits are not eroded.” He then clarifies that what the county proposes the City adopt is really “Best practices.”

Then, at 5:23:20, Ellis asks whether adoption of Atlas 14 will affect the prioritization of bond projects. Blount confirms it will.

At 5:24:50, Ellis asks whether City has already adopted Atlas 14. Blount explains the City adopted part but not all of the County’s recommendations. “They say they’re going to but they haven’t,” says Blount. “Adopting halfway isn’t helpful,” he says. “They need to adopt the whole thing…both storm-sewer sizing and detention-pond sizing.”

5:27:50 Hidalgo says “It’s about sustainable growth. We want to make sure we’re not flooding people downstream as we grow.”

5:29:50 Hidalgo transitions the discussion to buyouts and land conservation.

Intro to Discussion of Bond Costs and Elm Grove

The second important part for Elm Grove residents runs 42 mins. In this portion of the meeting, Ellis craftily draws Russ Poppe, executive director of Harris County Flood Control, into a discussion of cost escalation relating to flood bond projects. It later becomes clear when the discussion shifts to Elm Grove that Ellis worries the Perry purchase could consume so much money that it would delay or cancel Precinct One projects. This section runs roughly from 7:53 to 8:35.

If the narrative below sounds disjointed, that’s because it was. People kept interrupting each other. The discussion becomes heated. Ellis keeps repeating the same points over and over again as though his fellow commissioners are dullards and don’t get it.

Price Increases and Status of Bond Budget

At 7:53, Ellis queries Poppe about price increases for mitigation projects. Poppe explains that because of increase demand, the price of riprap is up 3X. Poppe also explains that “haul rates” have increased because they are now hauling dirt farther, i.e., beyond the 500-year flood plain. He says, “The biggest component of our costs is the excavation and hauling of dirt.”

7:56 Poppe talks about buyouts (Item 1B on the supplemental agenda). He talks about available funds, the process, number of homes bought out to date, and 400 applications “in process.”

Ellis Shifts Discussion to Perry Buyout

7:58:10 Ellis raises issue of Perry Homes’ Woodridge Village buyout in Montgomery County.

7:58:30 Ellis talks about original conditions for purchase: City would adopt Atlas 14 including inside its ETJ, that Montgomery County would also adopt Atlas 14, and that the City would contribute assets equal to half of the purchase price. He then estimates that the cost of additional detention ponds on the property could range from $20 – 30 million. Poppe confirms that as accurate.

7:59:30 Ellis adds up component costs: $14 million to acquire, possibly $30 million to develop. “That’s $44 million,” he almost shouts as he leans into the camera.

Ellis Proposes New Condition to Purchase

At 7:59:51 Ellis proposes a new condition to the sale. He wants the county’s offer to Perry to now say that half of development costs must also be covered by the City…not just the half of the purchase price. He also says that the City must actually adopt the Atlas 14 requirements in their entirety, not just “promise to adopt them” at some point in the future. Finally, he wants the Atlas 14 requirements to apply to the City’s extra territorial jurisdiction.

He wants a 50:50 split of ALL costs and wants the City to put up assets to purchase and develop the land.

He wants City assets put up before the purchase so that development of the land won’t be in limbo.

He makes a motion clarify the offer. Garcia seconds the motion.

8:06:48 Cagle reminds people that the offer has already been sent to Perry. He says the letter went out without any requirement about the City’s participation in future development of the property.

Argument Over Past/Future Tense in Wording of ILA

8:07:20 Ellis shifts the discussion. He reads the original letter proposing an interlocal agreement (ILA) with the City. He complains about use of the word “executed” in regard to the ILA. It says the Atlas 14 requirements “will be” executed when the ILA is signed. He worries about the future tense. He wants the letter to say “Once Atlas 14 regulations have been adopted” (past tense). By that, he means the deal will become effective once the City has adopted the regulations, not when they promise to adopt them at some unspecified point in the future.

It’s clear that he is wary of City promises. He worries about how long it might take to actually adopt Atlas 14. “They could adopt them 20 years from now.”

8:08:40 Ellis clarifies wording of his motion.

8:09:30 Ellis explains why he’s raising this subject outside of executive session: “to put the light of day on the deal.”

8:09:40 Ellis repeats: “My position is all three. Atlas 14. Half of purchase. Half of construction.”

8:10:20 Ellis paints the downside of investing in Montgomery County. “They could put another development up next door and benefit from $30 million worth of detention ponds we built without putting a dime up and doing nothing to stop flooding.”

8:10:35 Garcia interjects. He wants a policy about how Harris County spends dollars in another county.

8:12:10 Cagle agrees that he wants the City to adopt the Atlas 14 provisions before a purchase. Simply signing an interlocal agreement is not enough, he says.

Radack Proposes Deadline for City Adoption of Atlas 14

8:13:42 Radack says, “The City won’t adopt Atlas 14, so we might as well cut to the chase and adopt a deadline. That gives you a clear path.”

8:15:00 Ellis talks about how the project was “heavily lobbied.” “There’s a lawsuit on it,” he adds. He predicts people will say, “So when are you going to do it.” He implies, “Now, we’re liable” for anything that happens.

8:17:10 Hidalgo asks Poppe: How would you clarify the letter so the City knows Atlas 14 must be adopted (past tense), not just that they will adopt it (future tense).

8:17:20 Poppe reads the letter. It says, “Upon execution of the ILA, City of Houston will adopt by default…” Poppe thinks that language covers the problem.

“County Has Made No Commitment to Do a Project Out There”

8:18:00 Poppe says “We’ve made no commitment to do a project out there.”

8:18:30 Ellis goes rogue-elephant negative. “What are you going to do? Turn it into a birding park? You gonna pay for half of that?”

Hidalgo asks whether the language is clear. Poppe says “I will be happy to share the language tomorrow.”

Ellis says, “I want to make a motion so it will be clear.”

8:20 Ellis again makes the motion that includes the same three conditions: City contributes half of purchase and half of construction. City also adopts all Atlas 14 provisions.

8:21:30 Poppe reminds commissioners that the offer letter was already sent on the 14th of May, the day before the 15^th deadline.

8:22:00 Hidalgo restates the motion.

Possibility of State or Federal Participation

8:22:15 At this point the discussion shifts a bit. They examine the possibility of 3^rd party participation.

8:22:27 Ellis offhandedly reveals his motives at this point. He doesn’t want others taking money from his projects. “I know how this game works,” he says.

8:23:42 Cagle summarizes changes. “We want the City to ADOPT the standards.” “I’m fine with that,” he says. But then he adds that the second change, about construction costs, “hasn’t been in any of our discussions.”

8:23:55 Ellis asks, “Commissioner, what are we going to do with it?”

Cagle Reminds Commissioners of Two Key Elements

8:24:25 Cagle says, “There are two aspects to this development. One of them is that the developer is already putting in some detention ponds in advance and they did not go up on their price because of that work.” Cagle adds that he wants to build a plan before the purchase. He thinks they may be able to sell the extra dirt that needs to be removed. “Problem is though that that’s slower; it will depend on other projects that are going on in region.” By that he means there needs to be a market for the dirt.

Ellis Again Repeats Concerns

8:27:15 Ellis repeats his concerns yet again. “Houston should put up half of the price.” “Why is Harris County doing it all?” Then he goes back to his demands and says, “The current letter does not reflect all three of those conditions.”

8:29:30 Hidalgo clarifies motion.

Radack Reminds Commission that No Estimates Yet Exist

8:30:40 Radack breaks in and asks how long will it take to come up with an estimate of costs. “It will be very difficult to do anything unless the City and State know how much it will cost.”

8:31:43 A very frustrated and exasperated Jack Cagle says “I feel slapped around.”

8:32:45 Cagle says, “If the second part of the motion is that our partners have to put in as much as we do, I’m fine with that.”

Cagle Makes Motion Reflecting Ellis’ Concerns

8:33:25 Cagle finally makes a motion that includes all three conditions, after Ellis defers to him.

8:33:30 The motion passes unanimously.

8:33:38 Ellis asks for yet another restatement of the motion.

8:34:00 Hidalgo reads the motion into the record.

8:34:44 End of Elm Grove discussion.

Posted by Bob Rehak on 5/20/2020

995 Days after Hurricane Harvey

County Commissioners Add New Condition to Purchase of Perry Homes’ Woodridge Village

In Tuesday’s Harris County Commissioners Court meeting, while HCFCD Executive Director Russ Poppe was talking about buyouts, Precinct One Commissioner Rodney Ellis used the opportunity to go off on a rant about the County’s proposal to buy Woodridge Village from Perry Homes. The result: yet another condition added to the purchase.

City Must Now Cover Portion of Construction Cost, Too

The City of Houston now must come up with land or cash for part of the construction costs for any additional detention ponds built on Perry Homes’ property – not just the purchase price.

The actual amount would equal whatever the County contributes. For instance, if developing the property into a regional detention basin costs $20 million, and the county puts in $10 million, the City would need to put in $10 million also. But if either partner can find Federal or State funding to pay for part of the project, that amount would go down. For instance, if the the Feds or State put in 80% then the City and County would each pay 10%.

Other Conditions Remain the Same

The first two conditions remain the same:

City must contribute land or cash worth half the purchase price.
City must adopt County’s Atlas-14 provisions. Those would apply to the City’s Extra Territorial Jurisdiction (ETJ) as well as the City itself.

Raddick Predicts City Won’t Meet Conditions

Commissioner Raddick predicted there was no way the City would adopt the Atlas-14 requirements.

He also observed that the County would be forcing the City to commit to an expenditure of an unknown size. And that the City wouldn’t know the size for several months because the County has not yet drawn up plans for improvements.

For Elm Grove residents, this is especially worrisome. That’s because, by law, the City Council must approve every City expenditure over $50,000.

So basically, the County is asking for an unknown commitment. Meanwhile, the City cannot make such a commitment until it knows the exact amount. However, Commissioners did not discuss this dilemma in their debate.

Unanimous Vote to Add Extra Condition

The vote by commissioners on the three conditions was unanimous. The motion carried 5-0.

This hill becomes steeper to climb every week.

Perry Site Quiet for Last Two Days

Meanwhile, Jeff Miller reported today that no dump trucks were moving on the Perry Homes’ site. That may have been due to the rains last weekend that are still filling at least the one detention pond and likely filling the others too.

Video of the Commissioners Court meeting won’t be posted until tomorrow. I will link the relevant sections when video becomes available.

Posted by Bob Rehak on 5/20/2020

995 Days since Hurricane Harvey and 244 since Imelda

“Coffee Break with Dan Crenshaw” Will Discuss Flood Projects in Second Congressional District

U.S. Congressman Dan Crenshaw will host a webinar on Zoom this Thursday, May 21 at 10:00 a.m. His special guest will be Russ Poppe, Executive Director of Harris County Flood Control. The two will discuss preparedness for hurricane season and the status of flood damage reduction projects throughout the second U.S. congressional district in Texas.

The second district makes an arc around the north and west sides of Houston. So expect the discussion to cover more than just the Lake Houston area. Likely topics will include (but by no means are limited to):

Additional flood gates for Lake Houston
Addicks Reservoir
Houston Ship Channel
White Oak Bayou
Other local projects with shared Federal funding.

Attendees can ask questions online. Organizers have committed most of the time to answering those questions. The discussion should last 45 minutes, and in no case will exceed an hour.

Interestingly, Justin Lurie, the moderator, ran against Crenshaw in the last election.

You can join the webinar from a PC, Mac, iPad, iPhone or Android device.

Register by clicking this link.

Hope to see you online.

Posted by Bob Rehak on 5/19/2020

994 Days since Hurricane Harvey

Flood Regs: What County Wants City to Do as Part of Woodridge Village Purchase Deal

Through a Freedom of Information Act (FOIA) request, ReduceFlooding.com has obtained details of Harris County’s request to the City of Houston to revise its flood regs. Complying with the request is one of two conditions the City must meet before the County will purchase Perry Homes’ Woodridge Village.

Background

Woodridge Village twice contributed to flooding in Elm Grove and North Kingwood Forest last year. Ever since, flood-weary residents have pled with Harris County and City of Houston officials to buy the property and build regional floodwater-detention facilities there that would protect them. The City initially declined. The County agreed, but with two conditions.

First, the County wanted the cash-poor City to pay for half the purchase through the donation of land that the County could then use to help offset costs for other HCFCD projects.
Second, the County wanted the City update to its stormwater and floodplain ordinances to make them consistent with the County’s.

Harmonizing the regulations would provide consistency between the three largest governmental agencies tasked with drainage projects in the our area: Harris County Engineering Department, Harris County Flood Control, and the City of Houston.

This is the first step in getting all municipalities and County governments that drain to Harris County to adopt similar standards to help reduce flooding risks and protect the billions of dollars of drainage infrastructure investments currently being made in the area.

A Houston Chronicle article (that didn’t even mention Elm Grove) said, that in the future, the county would not share flood bond money with any of 34 different municipalities within its jurisdiction that have not updated and harmonized their regulations with Harris County’s.

So what were the requested changes?

Below are revisions needed for the City of Houston to comply with Harris County Infrastructure Regulations (2019 version) and the HCFCD Policy, Criteria and Procedures Manual.

In all cases cited below, Harris County flood regulations exceed the City of Houston’s. The County does not ask the City to relax any guidelines.

Houston Chapter 9 (Stormwater Design Requirements – July 2019)

General Note – The City updated this Chapter in late 2019 to add Atlas 14 rainfall information for use in storm sewer design. The County also added Atlas 14 to its regulations.

However, the County requests that the City make additional changes as follows:

Section 9.2 Design Requirements:

9.2.01(B)(3)(a)(1) Table of Rational Method Runoff Coefficients – Must be updated for lots greater than ¼ acre to be consistent with Harris County requirements.
9.2.01(C)(7)(d) Table 9-2 – Revise inlet capacities for Type A, D, D-1, C-2, C-2A, D, D-1, and E inlets to be consistent with Harris County requirements.
9.2.01(D)(3)(c) Relationship of Structures to Street – Revise finished slab elevation criteria to be consistent with Harris County requirements of 18” above the 100-year floodplain, one foot above the maximum ponding depth within a 10’ radius of the structure or at or above the 500-year floodplain, whichever is higher.
9.2.01(H)(2)(d) Waiver of Detention Requirements – Remove this section; it would allow developments to be constructed without detention.
9.2.01(H)(3)(a-e) Calculation of Detention Volume – Revise to remove detention rates based on tract size, revise detention rates to be consistent with Harris County requirements of 0.75 acre-feet/acre for storm sewer outfalls and 1.0 acre-feet/acre for roadside ditch outfalls, or HCFCD requirements if outfalling to HCFCD facility.
9.2.01(H)(3)(a-e) Tracts >50 acres – Refer to HCFCD requirements if outfalling to HCFCD facility, otherwise refer to Harris County requirements if outfalling to storm sewer or roadside ditch.
9.2.01(H)(4) Calculation of Outlet Size – Revise to be consistent with Harris County requirements, remove minimum restrictor size, remove allowable discharge rates of 0.5 cfs and 2.0 cfs per acre and include calculated allowable rates.
9.2.01(H)(5)(a) Private Facilities – Include Harris County pumped detention information including detention rate, allowable drain times, and percentage that must be drained by gravity. Add minimum bottom slopes and pilot channel slopes from Harris County requirements.

Houston Code of Ordinances, Chapter 19 Floodplain (September 2018)

Under Article III: Standards for Flood Hazard Reduction:

19-33(a) Base Flood Elevation Requirements – Must also include a provision that no fill will be allowed to elevate structures proposed for the 100-year floodplain. These structures must be on open foundations designed by a structural engineer.
19-33(c) AO Zones – Revise to require finish floor elevation of three feet above the depth number noted in the specific zone, or 6 feet if no depth number is specified.
19-34(a)(4) – Remove this item that allows fill to be placed in the 0.2% floodplain without mitigating excavation.
19-34(d) Critical Facilities – Add requirement for these facilities to have the lowest floor elevated 24” above the crown of the adjacent street if that is higher than 3’ above the 0.2% elevation.
19-43 (c)&(d) Floodways – Require an engineering report for the foundation in addition to the “no-rise” analysis and mitigation requirements. Add Harris County requirements for foundation design.
19-43(e) Bridges – Add requirement that all bridge construction that modifies the base flood elevation or that modifies the geometry of the bridge or channel must submit a CLOMR and LOMR.
19-75 Manufactured home placement in a floodway or coastal high hazard area – Remove this section that allows for manufactured homes to be placed in these areas.

The County also recommends that the Harris County Floodplain Administrator should review Chapter 19 for additional changes to ensure consistency with Harris County floodplain regulations.

Negotiations Still Reportedly Ongoing

City of Houston did not discuss conditions of the Perry purchase in last week’s City Council session. Neither are County Commissioners scheduled to discuss them this week. However, negotiations with Perry are reportedly continuing despite the passage of Perry’s extended deadline.

Meanwhile, with hurricane season less than two weeks away, Perry Homes’ new contractors continue to put the full-court press on construction of detention ponds. They have made more progress in two months than the previous contractors did in two years.

Posted by Bob Rehak on 5/19/2020 with keyframe from Jim Zura, Zura Productions

994 Days after Hurricane Harvey and 243 after Imelda