How Some Flood Victims Saved Substantial Tax Dollars

This is a letter to the editor from retired Kingwood resident Bill Fowler. Fowler managed real estate property taxes for one of the world’s largest oil companies for much of his career. His home flooded during Harvey.

An in-depth analysis of 2018 property tax assessments in one flooded neighborhood shows that flooded homeowners who did not protest their appraisals last year were appraised on average higher per square foot than those who did successfully protest. That means if you flooded and did not protest, you could have paid thousands of dollars more in taxes than you should—and may have been assessed inequitably.

Kingwood Greens Evacuation During Harvey by Jay Muscat
Kingwood Greens During Harvey. Photo courtesy of Jay Muscat.

Property Tax Reappraisal Season Starting Now

As Kingwood prepares for its most dreaded annual event, Hurricane Season, let’s not forget another discomforting annual occurrence, Property Tax Reappraisal Season.

Yes, this is your chance to accept the Harris County Appraisal District’s (HCAD) market value of your home or file a protest to seek a lower value.

This article should make it apparent that relying on HCAD to properly value your home can sometimes prove costly. This discussion relates specifically to flooded homes, but non-flooded homeowners should also review their assessments for opportunities to reduce HCAD’s opinion of market value.

Questions to Ensure Fair Appraisal

A majority of homeowners who flooded during Hurricane Harvey have not yet received their 2019 property tax appraisal notices from HCAD. However, some have. When you receive your 2019 assessment notice, keep these questions in mind:  

  • How much did the market value of your home change between January 1, 2018 and January 1, 2019?
  • If you made progress towards, or completed, restoration of your home between January 1, 2018 and January 1, 2019, how much did you increase your home’s market value? 
  • If your repairs are completed, is this year’s proposed value realistic compared to your 2017 pre-flood value?
  • Does HCAD have sufficient comparable post-flood sales data to support its opinion of the appraised value of your home?
  • Is your assessment equitable relative to your neighbors’?

Early Trends in Heavily Flooded Neighborhoods

A review of HCAD’s 2019 online records has revealed early trends in three heavily flooded neighborhoods. Results reported here likely include a mix of both fully and partially repaired homes. Numbers in parenthesis reflect approximate percentage of homes in the neighborhood with published 2019 assessments; HCAD lists all remaining home values as “Pending.” 

  • Kingwood Greens (25%):  Average values are up 40% from 2018. 2019 values are only 5% lower than pre-Harvey 2017 values.  
  • The Barrington (55%):  Average values are up 18% from 2018. 2019 values are only 9% lower than pre-Harvey 2017 values.
  • The Enclave (20%):  Average values are up 21% from 2018. 2019 values are only 7% lower than pre-Harvey 2017 values.

Success of Protests

To illustrate the effect of successfully protesting your assessment, I analyzed the final 2018 property tax year assessments of all Kingwood Greens homes using HCAD’s public information.

On average, Kingwood Greens homeowners who protested their assessments saw significantly greater declines in their 2018 final assessments and  were assessed less per square foot compared to homeowners who chose not to protest.

About half of Kingwood Greens residents chose to accept HCAD’s initial 2018 assessments.  The average reduction in their appraised value was 25% below 2017 and average assessment per square foot was $108.

The other half (despite their assessments being down initially 21% from 2017) protested their assessments. 98% of those who completed the protest process reduced HCAD’s initial proposed assessments. Reductions ranged from as low as $4,000 to more than $500,000.  

At the end of the day, successfully protested homes were appraised 36% lower on average than in 2017 @ $96 per square foot — a far greater average reduction and lower value per square foot than the 25% and $108 per square foot realized on non-protested properties. 

Your Fair Share

To ensure you pay only your fair share of taxes this year, it seems prudent to consider filing a protest when you receive your notice. You have 30 days from the date of the notice to file the protest which can be done either electronically on the HCAD.org website or by mail. Your assessment notice will include instructions on how to protest.

Once HCAD receives your protest, you will receive an informal hearing date. You can also access electronically the sales and other evidence HCAD used to determine your assessment.

You may represent yourself in the protest process or hire a consultant to represent you. Should you hire a consultant, the consultant’s fees can reduce any savings you realize by up to 50%.

Additional Clarifications and Thoughts

  • By law, property must be appraised at Market Value as of January 1 each year, and then taxed at the Appraised Value (less exemptions). Your 2019 assessment is based on market value as of January 1, 2019.
  • Notice that your 2019 assessment notice references two values: Market Value and Appraised Value.
  • Market Value is the price at which a property would transfer for cash or its equivalent under prevailing market conditions. Keep in mind this is the value you will be challenging if you protest, not Appraised Value.
  • The appraisal district compares your property to similar properties that recently sold. Then they adjust for differences to arrive at an opinion of market value. Bottom line: Sales of homes comparable to yours are the basis of assessments.
  • When protesting, make sure HCAD has based its opinion of your home’s market value on properties that are truly comparable.  Valid comparable sales need to be located in the same general neighborhood. Valid adjustments recognize differences such as size, age, condition, quality of construction and additional features (pool vs. no-pool, for example).  
  • Especially important: Flooded home market values should not be based on sales of non-flooded homes (or vice versa).  
  • If your home was still under repair as of January 1, 2019, make sure HCAD recognizes the proper stage of completion of your repairs as of that date. Ensure you are not valued as completely restored or at too great a percentage of completion.
  • Your tax liability depends on your Appraised Value (less any exemptions you qualify for). Its capped at an increase of 10% above the prior year’s Appraised Value (provided you have not improved the property—i.e. increased the size of the property, added a pool, etc. in the past year).
  • Important to note:  If your flooded home was not completely restored by January 1, 2018, for tax year 2019, that cap is 21% above your 2017 assessment, not 2018 assessment.   
  • If you completed flood repairs by January 1, 2018, the 10% cap over last year’s appraised value applies.

Remember: Equity Also Matters

One last issue to bear in mind:  Don’t forget equity! Just as all properties are legally mandated to be valued at market value, the law also requires each appraisal to be equitable in relation to the median level of appraisal of comparable properties (after the adjustments mentioned above). This requires comparing your assessment to those of comparable homes in your neighborhood to ensure you are equitably assessed and paying only your fair share.  An inequitable appraisal is also grounds for protest.

May 7 Flood Victims Must Wait Until Next Year

Any flooding that occurred to homes in early May was past the January 1 assessment date. By law, the 2019 values must be based on market value of properties as of that date and taxing jurisdictions cannot request disaster reappraisals without a disaster declaration. Therefore, the 2019 assessments of people who flooded on May 7 will not reflect losses in market value due to flood damage, but may impact their 2020 assessments.

By Bill Fowler, 6/10/2019

650 Days since Hurricane Harvey

“Money Has a Short Memory” or How Lessons from 1994 Flood Might Have Averted Much Harvey Damage

In the School of Hard Knocks, there’s an introductory course called, “Money Has a Short Memory.” Most students fail this free course and, as a consequence, are still paying “tuition” years later. The irony was never more visible than last week. As I reviewed a Houston Public Media Story about how the City of Houston was not attempting to curb development in the 100-year flood plain – despite everything we learned from Harvey – I had a presentation about the 1994 flood waiting for review on my desktop.

1994 Flood Should Have Taught Us Lessons We Still Haven’t Learned

The presentation, “Rain by the Cubit: The Great Southeast Texas Flood of 1994,” brought back memories. That was the year I started my company. I was supposed to move into my first commercial office space when this flood hit.

Kingwood received 29″ of rain that week. Rainfall averaged 19.5 inches over the entire 2,880-square mile San Jacinto River watershed. The event lasted four days. It started on Saturday, October 15, 1994 when Pacific Hurricane Rosa met a gulf coast warm front over Texas. It affected 38 Texas Counties, an area as large as Maine.

1.9 million acre-feet of runoff passed through Lake Houston: almost 12 times the volume of the entire lake! The lake crested 8.3 feet above the 3,160-foot spillway.

Homes under construction on Atascocita Point. HCFCD Photo from presentation by Yung and Barrett on 1994 flood.

Stunning Photos of 1994 Flood

The presentation contains photos of flooding:

  • On Atascocita point, where new construction was just beginning at the time.
  • In Forest Cove townhomes that would flood at least four more times before buyouts
  • In Banana Bend below Lake Houston, which is also just now being bought out
  • Around Toys ‘R Us on 59 – before an entire strip center of big box stores surrounded it
  • That collapsed the 59 bridge
  • That downed power lines over Lake Houston
  • That went up to the roofline of what was then Reeves Furniture on the southbound 59 feeder just north of the West Fork
  • That ruptured pipelines across the San Jacinto and started a toxic blaze
  • That buried downstream areas in sand and gravel.

Sound familiar? It should. Virtually all those things happened during Harvey, with the exception of the pipeline fire. However, toxic waste pits were involved during Harvey.

What are the Chances?

At the time, experts opined about how rainfall exceeded the expected 100-year levels. But the new Atlas-14 data released by NOAA, now advises that a four-day flood averaging 19.5 inches would have an average recurrence interval of 50 years.

The latest NOAA Atlas-14 Rainfall Data for the Lake Houston area

After Harvey, people dazed by the devastation, solemnly concluded that the storm must have been a 500-year, a 1,000-year, or even a greater storm. They had absolute faith in the numbers that developers, engineers, bankers, insurers, and government agencies certified. They assumed storm intensity had to be greater than expected. It never occurred to them that perhaps the numbers could be off…in the other direction.

How Average Recurrence Interval is Determined

All these numbers (500-year, etc.) are based on extremely small data sets. Forecasters use a branch of mathematics called Extreme Value Analysis (EVA). With EVA, they try to forecast the probability of unobserved future events based on the frequency of somewhat smaller past events. EVA may produce the best numbers possible, but predicting 500-years into the future based on 100 years of data takes a lot of guess-work.

Limitations of Numbers

Complicating things, most people are oblivious to the nuances of probabilities. The naming convention (100-year storm) misleads them into thinking that if we had a 100-year storm last year, “we must be good for another 99 years.” Wrong. Theoretically, if you tossed a coin and it came up heads 99 times in a row, you have a 50:50 chance of getting heads on the hundredth toss, too.

How many people read…or understand…the fine print in tables like the one above? Did you read the footnotes? If not, please go back and read them now. It’s important for your own safety and the safety of your investment.

They’re trying to say, “We can’t predict extremes with accuracy.”

Conclusions of 1994 Flood Presentation

Yung and Barrett conclude with several warnings. They include.

  • Extreme rainfall events will continue to occur.
  • The adoption of criteria that exceed FEMA minimum requirements should be considered by communities to guard against severe events.

So until the City learns this lesson, what’s someone without a PhD in math supposed to do when buying a home? Forego the river or lake view and buy on the highest ground you can find. Buyer beware! There are huge markups on floodplain property. And money has a short memory.

Posted by Bob Rehak on 6/9/2019, based on a presentation by Andy Yung and Duange Barrett

649 Days since Hurricane Harvey

How Woodridge Village Neighbors Fared in Last Large Rain and Why

Rains this week were neither as fast, nor as heavy as the May rains that caused extensive flooding on all four sides of Woodridge Village in May. Also, since the May rains, the developer had excavated much more of a crucial detention pond near the areas hardest hit by the May floods. As a result, I heard of no reported flooding in Elm Grove, North Kingwood Forest or Porter this week.

How Much Rain We Got

The screen capture below from the Harris County Flood Warning System shows the total rainfall for Lake Houston Area gages on June 5th and 6th. They range from about 1.5″ to 4″, with the higher totals on the southern side of the area. About 90% of these totals fell on Wednesday, June 5, during the morning hours.

Rainfall totals June 5-6 associated with first tropical disturbance of season. The rain fell on dry ground. No flooding was reported in the Lake Houston area, though Fort Bend and coastal counties received up to 14″. Source HarrisCoutyFWS.org.
During the 7 hours from 5 a.m. to noon, we received about 3.5 inches of rain at the nearest official gage. Source HarrisCoutyFWS.org.

Residents Anxious About a Repeat of May 7 Flood

Woodridge Village is the 268-acre clearcut area currently under development between Kingwood and Porter along the Harris/Montgomery County line. Two hundred homes in Kingwood and dozens in Porter that border the new subdivision flooded during more intense rains on May 7th.

So when the first tropical depression of the year approached earlier this week and merged with a second low coming out of the west, residents were on edge. Especially when the National Weather Service announced a flash flood watch that spread over two days.

However, repeat flooding was avoided. That was because of a combination of factors. Compared to May 7, we had lower rainfall totals, lower rainfall intensity, and most of Woodridge detention pond S2 (the second southern pond) had been excavated.

How Woodridge Village Handled the Rain This Week and Why

This sequence of pictures shows what the part of Woodridge immediately near Elm Grove and North Kingwood Forest looked like after the May 7 storm up through the peak of last Wednesday’s storm (6/5/19).

Engineers planned a huge detention pond for the entire southeast section of Woodridge. It should hold approximately 50 acre-feet of stormwater.

Approved plans for S2 Detention Pond (the second pond in the southern section).
Approximate S2 outline superimposed over keyframe from drone footage taken on May 9, 2019, two days after the May flood. This shows percentage of S2 actually excavated at time of flood: very little. Note also, the absence of silt fences. Virtually the entire 268 acres drains toward the culvert in the lower right. Drone footage courtesy of Jim Zura, Zura Productions. Zura is an FAA-licensed drone pilot.
By May 30, much more of S2 had been excavated. Outline of pond was becoming visible. Photo Courtesy of Jeff Miller. In the background, notice the black silt fence has finally been installed. It should have been installed before they started clearing land.

On the evening of June 4, Jeff Miller took the shot below from on top of the concrete box culvert where all of Woodridge Village drains into Taylor Gully.

Notice the depth of excavation in the deepest part. It had not rained for three weeks and the water was missing on May 30. Note also, the rocks in wire cages designed to hold back silt in a flood. The height of the bikes gives you a feeling for how tall the rocks are. Photo courtesy of Jeff Miller on 6/4/2019.

The next day, on 6/5/2019, we got the bulk of the rain from the storm. Jeff Miller went out again in the afternoon and took this shot showing how full the pond was.

6/5/2019 photo of S2 by Jeff Miller showing the amount of rainwater detained from the day’s storms. The low area in the center of the image leading to the pond is an overflow channel for the ditch behind the camera position that narrows down into a three-foot pipe.

Just after the rain stopped on the 6/5/19, Nancy Vera took this shot, near the peak of the flow.

At the peak of the flow, water covered the circled rocks (see swimming shot) now lining the channel to prevent silt moving downstream. Photo courtesy of Nancy Vera.
It appears that a 4″ rain spread out over a day – when the ground was not saturated – did not tax the capacity of the culvert either. This should be some comfort to residents. Image courtesy of Nancy Vera.
Even the 3′ culvert that runs along the western edge of North Kingwood Forest had room to spare. Photo courtesy of Nancy Vera.
Even Taylor Gully had plenty of room to spare. Photo courtesy of Nancy Vera.

Sleep a Little Easier

So what can we deduce from all of these observations.

  • The expansion of the S2 detention pond since the May 7th flood has created a greater margin of safety.
  • Elm Grove and North Kingwood Forest residents should sleep a little better knowing that they are protected from storms as large as we got on Wednesday, June 5.
  • Based on the latest NOAA Atlas 14 figures (see below), it looks like Wednesday’s rain ranked as a 1- to 2-year event.
  • It appears that there may be even more capacity to absorb even bigger rains.
  • However, with all ponds not yet complete, it’s unclear whether these ponds could handle a storm like we had on May 7th or a major hurricane.
NOAA Atlas-14 Rainfall Frequency Chart. Find the line that represents how much rain fell during a given period of time. Then look up to the top of that column to find the average recurrence interval (ARI). 3.5 inches of rain in a 7-hour period would be a rain we could expect every year or two.

Posted by Bob Rehak on June 8, 2019 with help from Nancy Vera, Jim Zura and Jeff Miller.

648 Days since Hurricane Harvey and One Month since the May 7th Flood

City and MoCo Offer NFIP Flood Claims Workshop with FEMA

Houston Council Member Dave Martin announced that the City of Houston and Montgomery County will host a flood claims workshop from 6:00 p.m. to 7:30 p.m. on Wednesday, June 19, 2019.

  • Kingwood Community Center
  • 4102 Rustic Woods
  • Kingwood, Texas 77345

This event is for anyone (resident or business owner) who has: a) suffered flood damages, b) has flood insurance through the National Flood Insurance Program (NFIP) and c) has questions about the policy claims process. FEMA representatives will be available to provide resources and answer questions. It does not matter what event caused the flood damage. Although the time has passed for submitting a Harvey claim, some people may still be struggling with the process. If they are protesting a settlement, they might benefit from this event.

Melissa Sturgis #4. Treasured antiques 3 generations back from New England are on this curb. Furniture and collectibles from 8 years overseas in Malaysia, London and Russia.
Melissa Sturgis’ home after Harvey
Flooded home in Elm Grove after May 7th rain.

For more information please contact the District E Office at DistrictE@houstontx.gov or Diane Cooper, Montgomery County Floodplain Administrator at Diane.Cooper@mctx.org.

Posted by Bob Rehak on 6/7/19

647 Days since Hurricane Harvey and One Month since May 7th

If They Called Wetlands Something Else, We’d Have a Lot More of Them

Wetlands are a natural solution to a natural problem: flooding. Problem is, their name sounds like it’s the opposite – more of a problem than a solution.

  • Wetlands? Get out the mop.
  • Wetlands? Will I need galoshes?
  • Wetlands? Just pave it.
  • Wetlands? We can’t have that.

See what I mean? If we named them something else, something that had a benefit, maybe they would stand a fighting chance against bulldozers. For example:

  • Flood-Prevention Lands? I’ll fight for that.
  • Flood Buffer? Give me an extra one of those.
  • Safety Shield? Don’t lose that.
  • Guardlands? Better than free insurance!

Wetlands detain water during heavy rains. They let it flow away gradually at a rate that streams and bayous can handle naturally.

Visual Comparison

Here’s a visual example. We had heavy rains the night before I took this shot – almost four inches. When I went to East End Park the next morning, I saw the wetlands at the end of the main entry trail filled with water. There’s a natural, little bowl in the landscape there that covers a couple acres. After a very heavy rain, it usually takes a week or two for the water to drain away.

After heavy rains, the bowl fills up. Then the water trickles away, evaporates, gets sucked up by trees, or percolates through the ground to the river.
OK, so sometimes it moves faster than a trickle. But this is still much slower than if two-acre feet suddenly hit concrete and a storm drain.

Contrast that with runoff coming out of the clearcut Woodridge Village below.

Developer filled in natural creeks and wetlands on this property without constructing required detention ponds first. Elm Grove is behind the trees to the left, where hundreds of homes flooded on May 7.

Why Wetlands are So Important

Watch this video taken from the porch of a house out of frame on the left of this shot. The home had never flooded before this area was clearcut and the natural drainage features were filled in. Notice a difference in the volume, clarity, and runoff rates of the water? Shortly after the rain started Tuesday, May 7, a lot of the water that hit this property filled the living rooms of Elm Grove and North Kingwood Forest residents.

Abel Vera, who lives next to this recently denuded area, told me how his kids used to play in the woods and creeks that covered the wetlands to his north.

Sadly, it will be a few decades, if ever, before more kids have that opportunity again. If only we had named the wetlands on this property something else. Protector Ponds? Storm Shields? Heck, even Gator Haven would have worked. Developers could have sold tickets.

Posted by Bob Rehak on 6/7/2019

647 Days since Hurricane Harvey

Houston Public Media Reports Houston City Council Not Attempting to Curb Floodplain Development

Houston Public Media yesterday reported that City Council approved a new floodplain development upstream from the Addicks Reservoir. This is what happens when you pit one person’s property rights against another’s. Engineers and developers say they take precautions to prevent downstream flooding. But still, people downstream flood.

Hmmmm. Wonder why that happens? Here’s a pretty balanced report that explains why, and why politicians approve such developments.

Impact of Land-Use Changes

It’s filled with examples of people who said, “I lived here for 30 years and never flooded before. What happened?”

The experts say it’s usually due to some kind of land-use change upstream from them.

Houston Flood Czar: Stopping Development In 100-Year Floodplain “Not Going To Happen”

My Personal Experience

I had a similar experience years ago when I lived on Spring Creek in the Dallas area. I bought a house guaranteed to be two feet above the hundred year flood plain. But after they built the Collin Creek Mall in Plano upstream from me, I found I was almost flooding on tiny rains. The Army Corps came back out and resurveyed the creek.

They determined I was now 10 feet BELOW the hundred-year floodplain.

That was the last house I will ever own near water. Highly recommended listening (or reading).

Posted by Bob Rehak on 6/6/2019

646 Days since Hurricane Harvey

Update on Ben’s Branch and Other Drainage Repair Projects from Flood Control District

In March of this year, Harris County Flood Control District (HCFCD) announced a project to excavate more than a mile of Ben’s Branch in Kingwood. HCFCD expects to remove approximately 8,600 dump-truck loads of sediment that clog the creek between Kingwood Drive and the San Jacinto River.

Bens Branch cuts diagonally through the heart of Kingwood. Project area circled.

Current Conditions on Ben’s Branch

During Harvey, hundreds of homes and businesses flooded near the creek. It contributed to flooding in Kings Forest, Town Center, The Enclave, Kings Harbor, and Kingwood Greens. The project area affects all of those subdivisions, plus Kingwood Village Estates where 12 seniors died, either as a result of injuries sustained during evacuation or the subsequent stress of losing their homes.

Harris County Surveying Crew in Ben’s Branch just west of West Lake Houston Parkway and south of the Kingwood Library.
More sediment buildups just east of West Lake Houston Parkway on Ben’s Branch, south of the Enclave and north of the YMCA.

Next Steps for Ben’s Branch

Since the announcement of the project to restore conveyance on Ben’s Branch, HCFCD has been busy negotiating access rights to the stream. The District has also finalized construction plans and bidding specs. According to Beth Walters, a flood control district employee who lives in Kingwood, here’s what to expect next and when.

“We plan to advertise the project five times,” says Walters, “to attract bidders. Ads will appear through June 15.” She also said HCFCD held a mandatory pre-bid meeting for all interested parties.

Eleven potential bidders attended. “Hopefully, we’ll get some good unit prices,” said Jason Brock, the manager of HCFCD’s maintenance engineering department.

Project Award by July 9, Construction to Start Immediately

HCFCD expects to open bids on June 17th and award the project at the commissioner’s court meeting on July 9. Mark your calendars!

The winning bidder will have 250 calendar days, per the contract, to finish the job. That means the project should be finished by next February or March.

Status of Other Kingwood Projects

Yesterday, Commissioners Court approved a Kingwood Area Drainage Assessment Plan. The objectives of the plan are to:

  • Dermine the current conveyance of all creeks and ditches in the Kingwood area
  • Measure that against current and projected needs
  • Make recommendations for improvements.

But first, HCFCD must select a consultant. The project should kick off this summer after consultant selection.

In the meantime, HCFCD is repairing damage due to Harvey at several locations.

1. Project ID G103-38-00-X020 consists of repairs at three (3) locations along G103-38-00:

a.    Site 5416 consists of slope failure repair, including excavation of sloughed materials, disposal of unsuitable materials, and rebuilding side slopes. The Site is located approximately 1900 feet north of Walnut Ln.

b.    Site 5680 consists of erosion repair and pipe replacement including reestablishing channel toelines, and rebuilding side slopes. The Site is located approximately 250 feet south of Walnut Ln.

c.    Site 5682 consists of erosion repair including excavation of sloughed material, reestablishing channel toelines, and rebuilding side slopes. The Site is located approximately 500 feet northwest of Deer Ridge Estates Blvd.

2. Project ID G103-38-01-X010 consists of repairs at one (1) location along G103-38-01:

a.    Site 3228 consists of slope erosion repair including rebuilding side slopes. The Site is located approximately 70 feet west of Chestnut Ridge Rd.

3. Project ID G103-41-00-X008 consists of repairs at two (2) locations along G103-41-00:

a.    Site 5622 consists of slope erosion repair including lishing channel toelines, excavation of soils to reestablish channel width, and rebuilding side slopes. The Site is located approximately 1350 feet south of Kingwood Dr.

b.    Site 5622A consists of channel scour and slope repair including filling scouring with a well graded mix, reestablishment of channel toelines, and rebuilding side slopes. The Site is located approximately 1600 feet south of Kingwood Dr. 

Helpful HCFCD Links

This page on the HCFCD web site explains their numbering system.

Some of these repairs may already be complete. This interactive map shows the status of active projects.

You can read more about the Harvey Repair Program here: https://www.hcfcd.org/press-room/current-news/2018/04/hcfcd-begins-drive-on-84-million-hurricane-repair-program/

For more specific information about Flood Control projects in the Kingwood area, including vegetation management, click here.

Posted by Bob Rehak on June 5, 2019

645 Days after Hurricane Harvey

Harris County Commissioners Approve Kingwood Drainage Assessment, But Not Without Battle Over Equity

Harris County commissioners approved a Kingwood Drainage Assessment Project Tuesday, but not before a 50-minute discussion of equity that had commissioners shaking fists at each other at one point.

Cagle Versus Ellis with Kingwood in Middle

The battle involved Precinct 4 Commissioner Jack Cagle and Precinct 1 Commissioner Rodney Ellis. The flashpoint concerned Item 2a14 on the agenda. It read:

The Lake Houston Redevelopment Authority and TIRZ #10 wanted to PAY Harris County Flood Control $100,000 to manage and conduct a study of Kingwood drainage capacity. The study would have supplemented a Flood Control District study approved as part of last year’s flood bond. The objective of Item 14: to determine possible improvements to channels and mitigation basins to reduce flooding potential. Click here to read the scope document that Flood Control asked Commissioners to approve.

Illustration showing some of the ditches/streams included in the study including the reach of Taylor Gulley, along which Chris Kalman reported many blockages last week.

Commissioner Ellis invited four “equity coalition” representatives to the meeting. Each gave speeches, using the drainage assessment project as an example to show how poorer parts of the county were being discriminated against. During and after the speakers, Commissioner Cagle, whose Precinct 4 includes Kingwood, got into heated exchanges with Ellis.

The Equity Flap Revisited

The equity flap first surfaced in February. It concerned prioritization of projects in the 2018 bond proposal.

Section 14 (g) of the approved bond language states: “Since flooding issues do not respect jurisdictional or political boundaries, the Commissioners Court shall provide a process for the equitable expenditure of funds, recognizing that project selection may have been affected in the past and may continue to be affected by eligibility requirements for matching Federal, State, and other local government funds.”

Kingwood was among the hardest hit areas in Harris County. As the flood bond language was being finalized, Lake Houston area leaders argued to include language that said all areas would receive their fair share of funds to prevent reverse discrimination. Historically, the Lake Houston area had received no flood mitigation dollars.

Greater Houston Flood Mitigation Report Misrepresented

The following figures and chart are taken from the Greater Houston Flood Mitigation Consortium’s April, 2018 report on Hurricane Harvey. Ironically, one of the activists speaking for Ellis used this report to suggest that poorer neighborhoods have suffered historical discrimination. The report does not support her argument relative to Kingwood at least, as the figures below show.

From the Greater Houston Flood Mitigation Consortiums April, 2018 report on Hurricane Harvey

The San Jacinto watershed, says the Consortium, contains 3% of the region’s population, gets 0% of the mitigation budget, and had 14% of the region’s damages.

Contrast that with Sims Bayou and Braes Bayou, both of which run through Commissioner Ellis’ Precinct 1. Those watersheds have 20% of the region’s population, get 42% of the mitigation budget, and had about 20% of the damages.

The Flood Control District’s own Federal report from March of 2018, shows a map of Harris County with Federal partnership projects everywhere … except the Lake Houston area.

Of the three other speakers, one evidently did not think Kingwood had apartments. Another complained that his community was still recovering (as if we weren’t).

So much for equity! The fact-defying arguments of Mr. Ellis and his surrogates do no one any good; they serve only to drive wedges between people who should be working together to triage a battlefield.

See the Video for Yourself: Blow by Blow

To see the video of the meeting, go to this Commissioner’s Court page, select Item 1, Part 2 of 2 from the menu, then fast forward to 30 minutes. That’s where this discussion starts with the first speaker. If you don’t have an hour, see these other key time markers:

  • 34 minutes: In response to the first speaker, Cagle and Ellis debate who has really gotten the lion’s share of spending.
  • 38 minutes: The second activist begins talking.
  • 42 minutes: Another activist complains that his community still has not recovered and therefore should go first.
  • 48 minutes: A fourth activist quotes the Greater Houston Flood Mitigation Consortium Harvey report. She overlooks the fact that Kingwood is part of the San Jacinto Watershed, which historically has received ZERO mitigation dollars.
  • 51 minutes: She complains that by counting structures, not people, the government discriminates against neighborhoods with multi-family housing. She ignores the fact that at least five major apartment complexes flooded in Kingwood.
  • 1:04:40: Commissioner Cagle complains to Ellis that the discussion is rubbing him raw.
  • 1:06:00: Cagle and Ellis shake fists at each other and nearly come out of their chairs.
  • 1:25:00: Discussion wraps up on this agenda item and the meeting then moves on.

Motion Finally Passed, Next Steps

Luckily and thankfully, when it came time to vote on the measure, it passed.

Matt Zeve, Deputy Executive Director of Harris County Flood Control, said of the plan approved today, “This is not the full scope of the project, just what HCFCD and the TIRZ are partnering on. The full scope will be determined once we have a consultant selected.”

Zeve continued. “The project will involve developing detailed hydrologic and hydraulic models to determine the current “drainage level of service” on open channels in the Kingwood area. Once those are determined, alternatives will be developed to increase the level of service for channels deemed to be undersized.”

“These alternatives,” concluded Zeve, “will be shared with the public in a community meeting. Final recommendations for future projects will be provided. Once Commissioners Court approves the final report, preliminary engineering for the recommended alternatives will begin.”

Zeve expects the assessment work to begin before the end of the summer.

Need for Vigilance and Balance

Today’s meeting underscores the fact that the Equity Flap has not gone away. Lake Houston area residents need to remain vigilant and fight for our fair share of dollars as this and every Lake Houston area project moves forward. We need several Kingwood residents to speak at the next commissioners court meeting to provide balance.

Posted by Bob Rehak on 6/04/2019

644 Days since Hurricane Harvey

Flash Flood Watch In Effect from Midnight Tonight Through Thursday Morning: Simple Ways to Reduce Flood Risk

The National Weather Service has issued a Flash Flood Watch for most of southeast Texas. The three graphics below tell the story.

Expected Tuesday: Source NWS, issued Tuesday AM.
Expected Wednesday: Source NWS, issued Tuesday AM.
Expected Thursday: Source NWS, issued Tuesday AM.

Expect Heavy Rain Late Tonight but More Likely on Wednesday

Showers and thunderstorms are expected to develop tonight as a surge of tropical moisture approaches Southeast Texas and merges with a low coming from the west.

Rainfall rates could reach 2 to 3 inches per hour at times. Widespread rainfall totals of 2 to 4 inches are expected across Southeast Texas by Wednesday evening with isolated totals exceeding 6 inches. The heaviest rainfall is expected to fall along and east of the I-69/US 59 corridor.

Those totals are close to what we experienced in early May.

Jeff Lindner, Harris County Meteorologist warned, “A low level convergence boundary may become established between the US 59 corridor and the coast and help to organize and focus thunderstorms and heavy rainfall. This pattern remains in place Wednesday and Wednesday night while 91L moves up the TX coast and likely either across SE TX or just offshore over our coastal waters.”

PRECAUTIONARY/PREPAREDNESS ACTIONS

A Flash Flood Watch means that conditions may develop that lead to flash flooding. Flash flooding is a very dangerous situation. You should monitor later forecasts and be prepared to take action should Flash Flood Warnings be issued.

Street Flooding Likely; Significant Rises on Bayous/Creeks Possible

Do not drive your vehicle into areas where the water covers the roadway. The water depth may be too great to allow your car to cross safely.

If water is deep enough to cover your tailpipe, your car will stall.

Vehicles caught in rising water should be abandoned quickly. If your vehicle stalls…abandon it and seek higher ground immediately. Rapidly rising water may engulf your vehicle and its occupants and sweep them away. Move to higher ground.

Check Drains and Creeks Near You; Park on High Ground

During storms last month, yard debris (leaves, twigs, small branches, grass clippings, etc.) washed into sewers and drainage ditches. Also, in places, large trees had fallen into creeks and ditches due to bank erosion. Flooding doesn’t always come from the river. It can come from blockages anywhere in the drainage system.

So while the weather is still nice today:

  • Make sure your drains are clear
  • Do not stack branches or garbage where they could back up water
  • If you live near a creek or drainage ditch, walk it. Look for downed trees. Focus on areas downstream from you that could back water up onto your property.
  • Report clogged street drains to City of Houston by calling 3-1-1. Have address ready when you call.
  • Report downed trees in ditches to Harris County Flood Control or call 713-684-4197.
  • Park your car on high ground.
  • Move valuables and important papers to an upper floor or top shelf.
  • Make sure your cell phone and weather radio batteries are fully charged; have backup batteries in case of power outages.
Remember, streets are DESIGNED to be part of the floodwater retention system. They are meant to hold excess water until the ditches, creeks, streams and bayous can absorb it. So don’t park in the street if you can avoid it.

Attention Vacationers: Coastal Forecast is Rough

Winds will begin to increase this afternoon and evening over the coastal waters which will help to build seas on Wednesday. Tides are forecasted to reach near 3.5-4.0 ft on Wednesday which may cause minor coastal flooding on Bolivar and low lying coastal area on the west end of Galveston, Surfside, and in SE Harris County. A coastal flood advisory may be required on Wednesday.  

Posted by Bob Rehak on 6/4/19

644 Days after Hurricane Harvey

Kingwood Drainage Assessment on Commissioners Court Agenda Tuesday and Why We Need More Systematic Reporting

Harris County Flood Control tomorrow will ask the Harris County Commissioners Court tomorrow to approve money for a Kingwood-wide drainage assessment. One of the reasons why is shown below: trees that have fallen into Taylor Gulley since the last time someone from Flood Control reviewed it. That underscores the need for every community association to start a flood committee. With more eyes on drainage, we might be able to keep problems such as these at a sub-acute level and help prevent flooding from clogged ditches.

Thank You, Chris Kalman

Chris Kalman of Woodstream Village sent these pictures to Flood Control and to me last Friday. They show trees that fell into Taylor Gulley during the three huge storms early last month.

This and next four photos taken on Taylor Gulley near White Oak Creek. All photos courtesy of Chris Kalman.

Blockages, such as these, can quickly turn into even bigger blockages when they catch additional trees and debris swept downstream in floods. When blockages become big enough, they can back water up into neighborhoods.

Kudos to Chris for communicating these problems (and their locations) to Harris County Flood Control. HCFCD can’t be everywhere all the time; they have 2500 miles of natural streams and man-made ditches to patrol. They need the help of residents to report problems like these so that they can respond in a timely way.

Photographs like Chris’ help Flood Control find and recognize the problems when workers visit the site. After all, in print, one downed tree sounds a lot like another. Photos also help Flood Control visualize the number of people and type of equipment to bring. In addition, Chris provided them with a map.

Commissioners Court To Consider Kingwood Drainage Assessment Project

As a result of the efforts by people like Chris and Barbara Hillburn of Kingwood Lakes who has been beating the drum to improve internal drainage, HCFCD has an item on the Commissioners Court agenda for tomorrow. Item 2.a.14 on page 10 is a request for authorization to negotiate with the Lake Houston Redevelopment Authority to start HCFCD Bond Project F-14. It includes a drainage analysis of all open channels in the Kingwood area.

Matt Zeve, deputy executive director of the Flood Control District is adding an evaluation of Taylor Gully and the May storm event to the scope of work for this project. 

If you are interested, any Harris County resident can sign up to speak on items on the Court agenda.

The Lake Houston area has more trees than most other parts of town. We definitely need this.

Start a Flood Committee in Your CA

Also, please urge your community association to start a “flood committee” that A) periodically checks creeks and ditches for problems and B) reports them. Often people see problems but don’t recognize them as such. Or they recognize them, but assume someone else reported them already. That’s why, in my opinion, we need to set up a system for reporting problems such as these.

An organization like KSA could coordinate the flood committees of each CA. They could then compile a master list of problems so that Flood Control could better schedule and prioritize clearing and ditch restoration efforts. It would be much more efficient for Flood Control to deal with one entity rather than thousands of individuals, many of whom might duplicate each other’s efforts. Also, as Chris discovered, sometimes it’s difficult to know whom to email. But a group that manages reporting on a regular basis could quickly learn the proper channels.

Two-foot Sections

If your neighbors, CA or trail association tries to remove such blockages, remember this. Flood Control typically cuts trees like the one above into two foot sections. Two feet is small enough to float through culverts in the next flood without getting stuck.

Posted by Bob Rehak on 6/3/2019 with photos by Chris Kalman

643 Days after Hurricane Harvey