Kathy Perry Britton, CEO of Perry Homes, a titan of business and devotee of Zig “See You at the Top” Ziglar, has reportedly given up on her dream of building swamp homes in Woodridge Village. She has new ideas to turn mud into money.
Her confidante and hairdresser hints Britton has toyed with several options. The leading one at the moment: Turning the land into a world-class scuba center called “That Sinking Feeling.” She plans to market it to people who are underwater on their homes.
If You Can’t Beat ‘Em, Boil ‘Em
“Perry Homes stands for quality,” she supposedly said. “And always will. If the scuba center doesn’t work, there’s no shortage of mud bugs out there. We’ll turn this into the Crawfish Capital of the Gulf Coast.” And then in a comment that reportedly angered crustacean-rights activists, she added, “If you can’t beat ’em, boil ’em!”
The irrepressible, unstoppable Britton reportedly has other backup options, too. “If that doesn’t work, Vince McMahon has approached us about turning this into the WWE Female Mud Wrestling Capital of the World,” Britton’s chambermaid reported. “He has plenty of stars lined up to turn this into a fairy-tale success. Vince has already received letters of intent from Misty Raine, Muddie Waters, and Hurrie Spitball Caine.”
Ms. Britton, paraphrasing Mark Twain, reportedly told her bootlicker, “The rumors of our bankruptcy have been greatly exaggerated. We have plenty of options to make a buck out there if suing the flood victims doesn’t work.”
According to unnamed insiders, Christian Louboutin has also supposedly brainstormed with Britton about brand extensions. Britton is confident there’s a market for stiletto hip-waders in Houston. “It’s a natural in places like Elm Grove. How else would women get to their cars in the rain?”
MoCo Offers Tax Incentives
The rumor mill also says that Wham-O has approached Perry Homes about turning Woodridge Village into the world’s largest Slip ‘N Slide. The irrepressible Britton told her fingernail artist, “Montgomery County even offered us tax breaks, finder’s fees, and margaritas. They’re so accommodating up there.”
In a rare moment of candor, Britton reportedly complained to her lawyer extraordinaire, J. Carey “Promise Them Anything” Gray. “I’m tired of all the mud slinging by these so-called flood victims in Elm Grove. It’s their fault they flooded. They built downstream from us. Duh! What were they thinking?”
“If worse comes to bratwurst,” Britton supposedly bragged to her chauffeur, “Home Depot and Lowes have both expressed interest in building mega repair centers on the property. They have raved to us about the possibilities. Repeat flooding. Hundreds of homes each time. Think about the potential synergies. My God, we could go public on the rumors alone and make a killing.”
The Right to Make a Profit
“I don’t know what these Elm Grove people are complaining about,” Britton reportedly grumbled to her masseuse. “I have to fly to Paris for a good mud bath. They get it for free.”
“These Elm Grove people are so hurtful. Always slinging mud. I have feelings, too. I just wish they could be positive for a change and see the marketing potential in all of this. We have a right to make a profit. This IS Texas after all.”
With that, Britton reportedly hurried off to discuss a separate deal with Monster MudTruck Rodeo organizers.
In Loving Memory of Robin Leach, A Parody Roast Post by Bob Rehak on 1/28/2020
882 Days since Hurricane Harvey and 131 since Imelda
This is a work of fiction. Any resemblance between characters in this post and executives of Perry Homes is strictly coincidental.
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/Woodridge-After-1-Inch.jpg?fit=1200%2C675&ssl=16751200adminadmin2020-01-28 07:29:342020-01-28 07:34:55Perry Homes Converting Woodridge Village to Scuba Center or Maybe a…
Despite the fact that Perry had substantially completed S2 before Imelda, it has now taken the company 2X-3X more time than they said it would – with no end in sight.
I took all the ground-level photos below on January 25, 2020.
Looking north toward the southern edge of S2. Perry is elevating the lip of the pond which is now as high as this truck.Looking NW. The elevated lip tapers down as you move west of Village Springs. This should effectively shift the locus of the next flood.View looking west at construction work on southern lip of pond. Backslope swales were destroyed. Grass is gone.Because of lack of grass, increased slope, and lack of compaction, knee-high mud is piling up against silt fence.Edythe Cogdill, owner of the home in the background, is near tears over the lack of progress in Woodridge Village, out of frame to the right.Every home on Cogdill’s block flooded twice. This was the scene today. Six of eight homes on the block have been sold or are up for sale. S2 Pond still under construction. Photo taken 1.20.2020.
Perry Drives Families from Their Homes
I visited three Elm Grove families today. All have “snapped.” They have that 1000-yard stare.
One man kept shouting over and over again, “What are we to do?”
One woman broke down crying.
Another family is getting ready to walk away from their home.
They are not alone.
On one block I saw 25 homes for sale.
At the end of Village Springs, six of eight owners had put their homes up for sale.
On Shady Gardens Drive, a resident told me 22 neighbors had moved out.
This neighborhood has already been destroyed by Perry Homes’ broken promises. Fear paralyzes the few families remaining. Fear every time it rains. Fear for their safety. Fear of financial ruin. Fear of renovating their homes only to be flooded a third time.
Perry Homes’ Actions Mock City of Houston Leaders
Perry Homes’s inexplicable and inexcusable delays mock the City of Houston, the Mayor, the Mayor Pro Tem and City Attorney. Their actions say with impunity, “We have nothing to fear from you. We are more powerful.”
Perhaps the City should start slow-walking Perry Homes’ permit applications until they live up to their promises.
Posted by Bob Rehak on 1/25/2020
879 Days after Hurricane Harvey and 128 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/20200125-RJR_7509.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-25 21:46:492020-01-26 07:14:48Perry Homes Still Not Finished with Detention Pond After 90 Days
After stonewalling discovery in the Elm Grove lawsuits, on December 27th, defendant Double Oak Construction objected to use of the documents in court that the judge forced it to produce. I don’t know what’s in those documents, but I plan to camp out at the courthouse when this case goes to trial. The documents must be juicier than Juicyfruit gum.
Double Oak appears to be a Perry Homes’ contractor working primarily on the northern portion of the Woodridge Village site, where downed trees are now being turned into mulch.
Summary of Objections
After producing documents, Double Oak now objects to their use in court.
The plaintiffs filed notice that they intended to use, in court, all documents and items produced by Double Oak during discovery.
Double Oak claims that this notice is insufficient and contradicts the Texas Rules of Civil Procedure.
The Plaintiff’s Notice leaves them, they say, without knowledge of the specific documents plaintiffs intend to use. That, claims Double Oak, handicaps the company in its ability to defend itself. It must prepare to object to every single document, they say.
But the objections don’t stop there. Double Oak reserves its right to make further objections when the company becomes aware of specific documents being used by the plaintiffs.
And if that isn’t enough, Double Oak reserves the right to object to all documents on all grounds, including documents produced by third parties.
Playing the delay game is a high risk strategy for companies already facing obscenely high risk due to previous delays.
Posted by Bob Rehak on 1/5/2020
859 Days after Hurricane Harvey and 108 after Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/01/20191030-RJR_3830.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-01-05 21:29:572020-01-05 21:32:38Double Oak Construction Causes Yet Another Delay in Elm Grove Lawsuits
As we enter 2020, keep your eyes on these stories.
Elm Grove Lawsuits and Mitigation
In 2019, Elm Grove flooded twice with runoff from the Perry Homes/Woodridge Village development in Montgomery County. Hundreds of homeowners sued Perry Homes’ subsidiaries (PSWA and Figure Four Partners) and their contractors.
On 12/17/19, attorney’s for the plaintiffs filed a fourth amended petition. Since the original filing, plaintiffs have named Double Oak Construction and Texasite LLC as additional defendants.
The judge set a jury trial date for July 13, 2020. To date, Perry Homes has done nothing to reduce the threat of flooding from their job site.
The 268-acres clear-cut acres that contributed to Elm Grove Flooding.
That brings us to the subject of mitigation.
What can be done to restore the safety of residents?
Perry Homes has demonstrated no interest in reducing the threat to downstream flood victims.
Protecting homeowners will require massive intervention from an outside source. But who? And how?
I recently learned of two new developments in the Ben’s Branch watershed.
A developer intends to build 18 acres of apartments where the woods adjacent to the new St. Martha Church now stand.
Another developer intends to build hundreds of homes on tiny lots on an 80-acre site just north of St. Martha’s.
These two projects represent dozens of others gobbling up farm and forest land in southeast Montgomery County.
This drainage ditch feeds into Ben’s Branch at Northpark Drive. The 18 acres of trees on the other side of the ditch could soon become apartments.
Businesses such as the St. Martha School and Kids in Action already flooded twice this year. So did dozens of homes along Ben’s Branch.
Additional upstream development has the potential to make flooding even worse. This is like death by a thousand cuts. Residents just don’t have the time or energy to monitor each development to ensure that owners follow rules and regulations for wetlands, floodplains, drainage, etc. Neither evidently does Montgomery County. Which brings us to…
Montgomery County Standards and Enforcement
Montgomery County competes for development by touting its lack of regulations. That’s a huge problem for downstream residents.
Montgomery County still bases flood maps on data from the 1980s.
Large parts of the county remain unmapped for flood hazards.
The County last updated its Drainage Criteria Manual in 1989.
Developers ignore many provisions within it.
County Commissioners voted to leave loopholes open that allow developers to avoid building detention ponds.
The County even paid an engineering company to investigate itself for its role in the Elm Grove Disaster.
You get the idea. If you thought some benign government entity watched over new developments to protect downstream residents, think again. Below you can see the 80-acre site I mentioned above.
Source: USGS National Wetlands Inventory.
Note how it was covered in wetlands. Developers did not ask permission from the Corps to remove them. They just decided on their own that they didn’t need to ask.
Below, you can see how virtually half the site is in a flood zone or floodway.
Here’s how it looks in Google Earth. Developers have already cleared the site.
Developers intend to build high-density homes in the floodplains. They will also build their detention pond in the floodway. Those hazard areas will likely expand when and if the County incorporates new Atlas-14 data into their flood maps.
Layout for Brooklyn Trails development in Montgomery County
None of this seems to bother the leadership of Montgomery County. And that’s a bigger problem than any one development.
In 2020, expect more focus on the decision-making process and decision makers who have created a permissive culture of indifference to flooding problems.
Sand Mines
Sand mines operate so closely to the San Jacinto that their walls frequently break and pour polluted process water into the drinking water for 2 million people. If they get caught, they pay a small fine and continue operating with impunity.
Left: Liberty Materials Mine in Conroe that undercut five pipelines carrying highly volatile liquids. Center: Triple PG mine in Porter where erosion during Imelda exposed one natural gas line and threatens 5 more HVL pipelines. Right: Another Liberty Materials mine that allegedly dumped 56 million gallons of white goop into the West Fork.
Upstream Detention
During Harvey, the release of 80,000 cubic feet per second from Lake Conroe added to downstream flooding. The goal: to find enough upstream detention capacity to help offset future releases. The San Jacinto River Basin Study will examine that possibility. It’s unlikely that one reservoir will provide enough capacity. However, multiple smaller reservoirs may.
Luckily, State Representative Dan Huberty sponsored legislation that allocated another $30 million. The Harris County Flood Bond allocated $10 million. The City of Houston allocated $6 million. Plus two more grant requests are still pending that could increase the total even more. And a disposal site for the material has already been permitted.
Mouth Bar of the West Fork. Photo taken 12/3/2019.
Last week, Harris County commissioners voted to proceed with additional dredging. Project managers are studying the most cost effective ways to proceed. We should see more dredging soon.
This money could also be used on the growing mouth bar of the East Fork.
State Highway 99 Extension
The extension of the Grand Parkway (State Highway 99) east and south to I-10 will open up vast new expanses of forest and farmland to high density development. The biggest threat will be to the East Fork watershed as construction moves through southeast Montgomery County and the northeast tip of Harris County into Liberty County.
Eastward clearing for SH99 has reached Caney Creek near Lake Houston Park.
Those are my predictions for the biggest stories of 2020. There’s a lot of good news in the forecast and much to remain vigilant about. Life seems to be a constant struggle between those who would increase and decrease our margin of safety when it comes to flooding.
Posted on 12/21/2019 by Bob Rehak
844 Days after Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Slide14.jpeg?fit=1200%2C900&ssl=19001200adminadmin2019-12-21 12:30:522019-12-21 14:37:12Big Stories to Watch in 2020
With 2019 almost behind us, we should look back to see what we accomplished on flood mitigation. Tomorrow, I’ll take a look at the stories that will likely define 2020.
Limited Dredging
In 2018, FEMA and the Army Corps announced that they would dredge 2.1 miles of the San Jacinto West Fork when they were given authority to dredge 8 miles. Questions immediately started to swirl about why they were not dredging all the way to Lake Houston. The answer was “part of the mouth bar was there before Harvey and we can only spend disaster relief funds on what Harvey deposited.”
The mouth bar as it existed shortly after Hurricane Harvey. Photo taken 9/14/2017.
Regardless, they left the biggest blockage in the river. Imelda washed a tremendous amount of sediment downriver. In mid-October, RD Kissling sent me a photo from his kayak. He as standing in water less than knee deep 700 yards south of the mouth bar. It’s important to understand that sand bars are like ice bergs. You only see the tip above water. Most of the bar exists below water. And much of this mouth bar remains to be removed.
To learn more about this controversy, search this site using the key words “mouth bar.”
Flood Mitigation Legislation: A Big Win
No one budgets for disasters, such as Hurricane Harvey. So after the disaster, cities and counties had to scramble for grant money to even qualify for matching funds from the Federal government. More than two and a half years after the event, money is finally starting to trickle down to the areas that need it to implement flood mitigation projects. That’s thanks in large part to Senator Brandon Creighton who authored Senate Bill 7.
SB7 creates dedicated Texas Infrastructure and Texas Infrastructure Resiliency Funds for flood control planning and the funding of flood planning, mitigation, and infrastructure projects. The Texas Water Development Board is finalizing rules for the distribution of those funds right now. SB500, a supplemental appropriations bill, includes funding for SB7 and an amendment that would dedicate $30 million for dredging at the confluence of the San Jacinto and Lake Houston. State Representative Dan Huberty authored the amendment to SB500 that provides the $30 million.
For more information about legislation affecting this area, see the Legislation page of this web site or search using the key words “SB7” or “SB500.”
Sand Mining Legislation: One Small Gain, Some Big Losses
Activists statewide pushed for legislation to reign in the excesses of an out-of-control aggregate industry. Here in the Houston area, State Representative Dan Huberty introduced HB 907. It passed and doubles the penalties for not registering a sand mining operation. It also increases the frequency of inspection from every three years to two years and established a registry of active sand mines.
Picture of the West Fork of the San Jacinto the day it turned white (11/4/2019). The TCEQ later issued a notice of enforcement to the Liberty Materials mine upstream for dumping 56 million gallons of white goopy pollution into the West Fork.Water samples indicated 25 times the normal amount of suspended solids.
That was the only bill that the high powered lobbyists of TACA (the Texas Aggregate and Concrete Association) would allow to pass. That’s mostly because their members are already registered.
However, other important bills died in committee due to the lobbying power of TACA.
HB 908 would have provided for penalties up to $50,000 for water code violations and every-other-year inspections.
HB 909 would have created best management practices for sand mines.
HB 1671 would have extended water quality protections to the West Fork of the San Jacinto currently enjoyed by the John Graves District on the Brazos and attached penalties for non-compliance with best practices defined under HB909.
HB 2871. Would require sand mines and other aggregate production operations to acquire a reclamation permit and to file a performance bond ensuring reclamation.
For more information about sand mining in the Lake Houston area, see the Sand Mining page of this web site. You can also search on the key words “sand mining, TACA, Triple PG, TCEQ, breach, Liberty, and white water.”
Artist’s conceptual drawing of a high-rise development called The Herons: Kingwood.
The tallest buildings would have been 500 feet and located on the edge of the current floodway. That floodway will almost certainly expand in light of new Atlas-14 rainfall data. The developers also announced a marina that would have held 640 40-foot boats and 200 jet skis. There were no evacuation routes that would have remained above water in the event of a flood.
The developer’s web site now says the project is on hold, pending improvements to the West Fork and Lake Houston.
For more information on this development, see the High Rises page of this web site or search for the key words “Romerica, high rises, eagle, or The Herons.”
The $2.5 Billion Flood Bond Equity Flap
When the wording for Harris County’s historic $2.5 billion flood bond offering was worked out in early 2018, leaders from the Humble/Kingwood area in Precinct 4 argued to include the notion of an equitable distribution of funds. Why? Historically the Flood Control District had focused more on projects in other parts of the county, especially Precinct 1, that Precinct 4.
In one meeting after another, Ellis’ ringers showed up in commissioners court to complain about discrimination in the distribution of funds for buyouts, construction spending, and more. Yet in every category, Ellis’ precinct already had the lion’s share of funding.
This is an on-going controversy that affects everyone in the Lake Houston area. Ellis is looting transportation dollars from Precinct 4. You have to hand it to Ellis. Even if he doesn’t know what equity means, he knows how to work the system.
For more information on this topic, search this site using the key words “equity or Ellis.”
Meanwhile, the Supreme Court of Texas ruled that the language in the summary of the referendum on the ballot was misleading. It failed to disclose that the money would be raised through a new tax. So the Court ordered a revote.
In 2018, the Mayor “resold” the fee by saying, “If you want a lockbox around the money, vote FOR Proposition A. If you don’t want a lockbox around the money, vote AGAINST it.”
It was another artful dodge. There was nothing in the language of the bill to create a lockbox. The language in Prop A was almost identical to the original bill. But the funding formula was even looser!
Unaware voters once again approved the fee. And the Mayor continued to divert money from the fund. These diversions became a central element in the Mayoral campaign this year after thousands of people flooded in May and again during Imelda.
Nevertheless, the Mayor won re-election.
To learn more about this topic, search this site using the key word “Proposition A.”
10 New Gates for Lake Houston
The flood gates on Lake Conroe can release water 15 times faster than the gates on Lake Houston. During Harvey, that bottleneck contributed to the flooding of thousands of homes. A study showed that additional gates would have lowered the water level by almost two feet in the event of another Harvey. During smaller storms, the gates would also help pre-release water faster to create a buffer against possible flooding.
Lake Houston can shed water at 10,000 cubic feet per second. Lake Conroe can shed it at 150,000 cubic feet per second.
The City of Houston applied for a grant from FEMA and the Texas Division of Emergency Management to add ten new gates. FEMA approved the project. It’s happening in two phases. The first includes design and an environmental survey. The second includes construction. Each will take 18 months. We’re now six months into Phase One.
Details of dam improvement project.
For more information on this topic, search this site using the key word “gates.”
Temporary Seasonal Lowering of Lake Conroe
After Harvey, people in the Lake Houston area started pleading for more upstream detention, dredging and gates. Dredging started immediately. The project to add more gates to the Lake Houston spillway has also started. Upstream detention is still years way. The San Jacinto Watershed Study is only now beginning to identify possible locations.
Many lakefront property owners on Lake Conroe, however, claim the lowering hurts their property values and damages their bulkheads. Buses full of protesters showed up at the December SJRA Board meeting wearing red shirts that say, “Stop the Drop.” So many came that two busloads full of people had to be turned away.
Angry Lake Conroe residents showed up at the last SJRA board meeting in busloads.
Net: the policy to lower Lake Conroe temporarily is under assault. The SJRA will likely vote on whether to continue the policy in February. The SJRA will hold two additional meetings at the Lonestar Convention and Conference Center in January and February to give everyone who wants to provide input a chance to do so.
For more information on this topic, search this site using the key words “lake lowering.”
This is another issue that will carry over into 2020.
For more information on this topic, search this site using the keywords “Perry Homes, Woodridge Village, Figure Four Development, PSWA, Elm Grove, Spurlock, cease and desist, detention, what went wrong, North Kingwood Forest, or drainage criteria.”
There’s your digest of the biggest stories of 2019. 2020 to follow.
Posted by Bob Rehak on December 19, 2019
842 Days after Hurricane Harvey and 92 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Slide11.jpeg?fit=1200%2C900&ssl=19001200adminadmin2019-12-19 11:45:402019-12-19 12:01:13The Biggest Stories of 2019
The worst fate most brands suffer is indifference. But Perry Homes has managed to create a generation of child activists out to expose the indifference of the brand’s managers to flood victims.
Isabelle Fleenor, a student at Kingwood Middle School, created and stars in this YouTube video about how Perry Homes ruined Christmas for so many Elm Grove and North Kingwood Forest residents. It’s called a “Very Un Merry Perry Christmas.”
According to Isabelle’s mother, Isabelle conceived the video, starred in it, edited it, created all the graphics and also made “Dam It Perry Homes” signs and T-shirts. They express the community’s anger and point to a constructive solution. She then took the money she raised from T-shirt and sign sales, and donated it to the Elm Grove fall festival for kids so that they might enjoy Halloween.
When I first saw this video, I said to myself, “This young lady has a future in film, television, or on the stage.” What a presenter! She has energy. She’s articulate. And she has heart! You see, Isabelle and her family did not flood. She did all this work for her neighbors who did flood.
Dam It Perry Homes T Shirt by Isabelle Fleenor from her video.Screen capture from Isabelle Fleenor’s video.
Merry Christmas, Perry Homes, from the Younger Generation
I highly recommended you take two minutes to watch this video. Especially if your name is Kathy Perry Britton. This is the future of your brand, Ms. Britton. Merry Christmas!
Posted by Bob Rehak on 12/16/2019 based on a video by Isabelle Fleenor
839 Days since Hurricane Harvey and 88 since Imelda
The thoughts expressed in this post represent my opinions and the opinions of Isabelle Fleenor on matters of public policy and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Merry-Perry.jpg?fit=1200%2C672&ssl=16721200adminadmin2019-12-16 15:26:432019-12-16 22:22:17Perry Homes’ Brand Just Lost Another Generation
At the current rate of work, Perry Homes could easily take 3-4 years to complete the detention ponds on its Woodridge Village development. The chances of getting another rain event like May 7th during that period? 27.1% if it takes Perry 3 years and 34.4% if it takes 4.
This significantly raises Perry Homes’ legal liability if Elm Grove floods again.
How to Determine Cumulative Probabilities
How do you compile those statistics? Start by classifying the storm. The May 7th storm that flooded approximately 200 homes was a 10-year event, according to USGS, NOAA and National Weather Service statistics below.
Hourly rainfall totals for the USGS gage at US59 and the West Fork. Whether you consider six inches in six hours or 3.6 inches in one hour, May 7th storm still classifies as a 10-year event.
Next, figure the cumulative probability of it happening again during a given time period. If you ask, “What are the chances of another May 7th happening in any year,” the answer is always 10%. But if you ask, “What are the chances of another May 7th happening in the next three-years,” the answer is different.
You calculate the cumulative probability using the following formula:
Probability of at least one 10-year storm in next 3 years = 1 – (9/10)3rd = 27.1%. Four years equals 34.4%.
The possibility exists that the rainfall rate may have been slightly higher in Elm Grove on May 7th. But these are official statistics and conservative for the purposes of estimating risk. They don’t even include the chances of getting hit by even larger storms in the same year (as we did with Imelda).
Legal Risk of Not Mitigating Flood Risk
Perry Homes has shown little desire to mitigate flood risk by expanding detention capacity at Woodridge – even after promising the City of Houston it would do so.
After clearcutting virtually the entire site, Perry had installed only 7% of the required detention ponds when the May 7th flood hit and only 23% by the time Imelda hit on September 19. Since then? Virtually nothing!
Where three detention ponds should be on the northern portion of Woodridge Village. 77% of detention capacity is still missing after four months of inactivity.
What Perry Homes Has and Hasn’t Done
Since the October 17th letter laying out a 26-month timetable for completing work on Woodridge detention ponds, Perry Homes HAS:
Removed several brush piles from their northern property (shown above)
Slightly widened 300 feet of Taylor Gully
Concreted a portion of the 300 feet (see below).
Moved a small amount of dirt from the S2 pond that eroded into it back up onto the banks (see below).
Spread some grass seed on the northern portion of the development (see two photos below)
Perry Homes moves eroded dirt from S2 detention pond back onto banks on 12/3/2019. The area where the N3 detention pond should be now has a small amount of grass.Photo by Jeff Miller.
Perry Homes has NOT:
Finished work on the S2 detention pond.
Started work on other detention ponds.
Managed to keep ponding water from reducing the volume of S2.
Established grass on pond banks to reduce erosion as regulations require.
Finished the spillway into S2 from Taylor Gully.
Fenced in their detention ponds as regulations require.
Installed maintenance roads around the ponds as regulations require.
Released its internal investigation into the causes of Elm Grove flooding as it promised Channel 2 news.
Section 7 of Montgomery County Drainage Criteria Manual shows many items still missing from Perry Homes’ existing detention ponds.Close up of spillway into S2 pond and its north bank as of 12/5/2019. Photo courtesy of Jeff Miller.
Perry Homes Increases Risk to Residents and Itself
Since August when Perry Homes virtually stopped working on Woodridge, the company has done nothing to allay the major causes of flooding: clearcutting and lack of detention. It has slow-walked this project. Whatever its motivation, Perry Homes has significantly increased the risk of flooding Elm Grove residents again. In doing so, it also increases its own risks.
If Perry Homes does flood Elm Grove again, its slowdown and disregard for the promises it made to the City in its October 17th letter could prove the difference between negligence, gross negligence and punitive damages.
According to the Sawaya Law Firm, “Gross negligence is the extreme indifference to or reckless disregard for the safety of others. Gross negligence is more than simple carelessness or failure to act. It is willful behavior done with extreme disregard for the health and safety of others. It is conduct likely to cause foreseeable harm.”
Kathy Perry Britton knows that slow-walking the expansion of detention capacity will increase the risk of another major storm hitting Elm Grove before she finishes. But I doubt her lawyers are telling her that risk could be as high as 34%.
Posted by Bob Rehak on 12/15/2019with help from Jeff Miller
838 Days since Hurricane Harvey and 87 since Imelda
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Missing-Detention.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-12-15 00:19:172019-12-15 08:39:56More Delays on Fixing Perry Homes’ Drainage Debacle Increases Risk of Yet More Elm Grove Flooding
At the Kingwood Town Hall meeting on October 17th, 2019, Mayor Sylvester Turner read a letter from lawyer J. Carey Gray who represents Perry Homes and its subsidiaries against hundreds of flooded Elm Grove homeowners. The letter laid out a timetable – extending more than 2 years into the future – for completion of the detention ponds on the troubled Woodridge Village subdivision. The first step: finish the S2 pond, which was already substantially complete. Perry Homes gave itself 30-45 days for that task. As nonsensical as that sounded on October 17, they managed to miss the deadline … by not showing up … until after the deadline.
Deadline Expired Yesterday With No Improvements to Pond
Yesterday marked 45 days since Lawyer Gray delivered his letter to the Houston City Attorney. Since then crews have worked several days on adding a concrete lining to a small portion of Taylor Gully. They also replaced some eroded dirt along the northern edge of S2. Still incomplete, however are:
Excavation of the remaining dirt
Grass to stabilize the soil on the banks
A perimeter road required by the Montgomery County Drainage Criteria Manual
Lining for a severely eroded spillway between Taylor Gully and S2
Drainage of the detention pond
Backslope interceptor swales
Photos Demonstrate Lack of Progress
Here’s how the pond looked in September, two days after Imelda.
Status of S2 Pond on September 21, 2019, two days after ImeldaStatus of S2 Pond on November 4, 2019, two and a half weeks after J. Carey Gray’s letter to City Attorney.
Here’s what it looks like today, 46 days after J. Carey Gray’s letter to the City Attorney. They had made some progress on lining the Taylor Gully channel behind the pond. But as far as the pond itself went, there was a lone excavator moving dirt that had eroded into the pond back up on the banks. That’s because they failed to establish grass there.
One day after the deadline for completing the S2 detention pond, Perry Homes had a lone excavator pushing eroded dirt back up onto the banks. Photo taken 12/3/2019.Photo taken 12/3/2019. Hardly a bustling construction site with contractors racing to meet deadlines.
Only 735 more days before all the detention ponds are complete … assuming they can meet any of their own deadlines.
Questions Raised by Lack of Performance
The failure to meet this first deadline raises questions:
Is Perry Homes sincere? Can they ever be trusted for anything ever again?
Has Perry Homes lost its ability to deliver? Is the company financially crippled beyond repair?
Did Sylvester Turner extract terms from Perry Homes designed to get him through the general election?
Or did Perry Homes play Sylvester Turner to torpedo his chances in a runoff election?
Did Kathy Perry Britton, CEO of Perry Homes, think no one would remember?
Is Perry Homes holding the threat of future flooding over Elm Grove residents to force a settlement of their lawsuits?
If it’s the latter and there’s another flood – with this record of foot dragging – they’ve nuked themselves. It’s a Harvard Business School and Harvard Law School case study that will go down in the Annals of Corporate Stupidity.
What can explain this level of ineptitude?
This has to be a huge embarrassment for the City of Houston and Montgomery County. It’s also a PR debacle for Sylvester Turner … in the middle of a hotly contested runoff election. Turner can’t do anything about that now except to tell the City Attorney to sharpen his spurs.
But if I were MoCo, I would claim Perry Homes’ performance bond and finish the work myself.
Posted by Bob Rehak on 12/3/2019
826 Days after Hurricane Harvey and 75 since Imelda
The thoughts expressed in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/12/Woodridge-s2-20191203-1-e1575423092173.jpg?fit=1200%2C800&ssl=18001200adminadmin2019-12-03 19:22:122019-12-03 19:36:49Perry Homes Fails to Meet Own First Deadline For Additional Woodridge Village Detention
In the spirit of Halloween, it’s only fair to ask, “Is Perry Homes tricking or treating when it talks about Woodridge Village?” What Perry Homes says and what Perry does seem to contradict each other in a scary, horror-movie, Stephen-King, Cujo-on-steroids sort of way.
The Cujo analogy actually fits; man’s best friend turns into something not so nice. Woodridge Village is the 262-acre area that Perry contractors clear cut and then left before finishing the detention ponds. This contributed to the flooding of hundreds of homes in Elm Grove and North Kingwood Forest – twice so far this year.
Words vs. Actions
What do I mean by contradictions? A dozen examples:
Their consultant, LJA, promised the Montgomery County engineer that Woodridge would have no adverse impact on downstream flooding … then 200 homes flooded.
Equipment parked on the northern side of the site for a month moved to the western side but still is not working.
How could anyone take Perry Homes at its word any longer? They certainly aren’t a treat and they’re not tricking anyone. The courts need to put an end to the Nightmare Near Elm Grove.
Posted by Bob Rehak on Halloween, 10/31/2019, with that to Jeff Miller
793 Days since Hurricane Harvey and 42 days after Imelda
The thoughts expressed in this post are my opinions on matters of public policy and concern. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/10/RJR_3830.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-31 16:57:372019-10-31 17:14:07Perry Homes: Trick or Treat?
The letter focuses on the discharge of stormwater containing sand, silt, and sediment from the Woodridge Village construction site on September 19, 2019. Further, the letter alleges that this discharge caused severe damage to the City of Houston’s “Municipal Separate Storm Sewer System” (MS4) and to the property of citizens.
It cites a City of Houston Ordinance: Article XII – Storm Water Discharges, Division 6 – Illicit Discharges and Connections, Section 47-741. The ordinance reads as follows. “Discharge to MS4 prohibited (a) A person commits an offense if the person threatens to introduce, introduces or causes to be introduced into the MS4 any discharge that is not composed entirely of storm water.”
The letter ends by saying, “I hereby demand that you immediately cease and desist all future discharges of sand, silt, sediment and debris from your Woodridge Village Development site into the Municipal Separate Storm Sewer System of the City of Houston.”
Lawrence Childress, from the Stormwater Quality department within Public Works, signed it. Childress sent identical copies of the letter to:
The letter is a “demand letter” not a court order. A demand letter is a warning shot across the bow of Perry Homes. The letter simply says, “If you do it again, we’re coming after you.”
The City did not even send the letter to the registered agents for Perry Homes et. al., just executives for the companies.
No judge has issued any kind of restraining order.
This is simply a letter from a city employee to Perry Homes, Double Oak Construction, and Figure Four Partners.
Having said that, the demand letter does put Perry et. al. on notice. It describes the basis for legal action if the developer(s) allow sediment-laden storm water to leave their site again. As such, it has value in that it may motivate Perry, its subsidiary and contractor to fix problems that exist on the site. If they don’t and the problems recur, they will face a law suit.
The letter may also have value in that it eliminates a possible line of defense, i.e., ignorance of the fact that a problem existed. Perry Homes can not now claim that the City never told them of the problems.
Another benefit: Judges typically like parties in civil suits to try to settle their grievances outside of court if they can. This letter constitutes the first step in that process. It starts the “attempted settlement” clock ticking sooner rather than later.
Sides Are Talking, But No Concrete Results So Far
Having said that, the date on the letter says September 26. What has happened since then?
Representatives of the City met with Perry Homes et. al. on or about October 15. As a result of that meeting, the developers agreed to take the steps outlined in a second letter back to the City. Basically, that letter promised to finish all the detention ponds before building homes or more roads. But they did not agree to a firm deadline.
Residents observed minor activity after the City’s demand letter. Workers scraped eroded sediment out of one of their detention ponds. However, since then, residents have observed little to no activity on the site. No new excavation work has started on the three detention ponds on the northern section since Perry’s response letter on Thursday, October 17.
The question is “Why the sudden stoppage after finishing the second detention pond (S2) on the souther section?” Usually time is money on a construction site; developers want to finish sooner rather than later. But work has virtually come to a standstill since August.
Since then residents have observed the S2 pond perpetually filled with water. To reach the pond’s target depth, contractors had to pump out water as they worked. Some question whether the water table in the area will allow Perry to achieve its stormwater detention goals. This would not be too surprising for an area of wetlands once criss-crossed by streams. Drainage converged here for thousands of years. See the drainage illustration from the LJA Engineering report below. The purple line represents the boundaries of Woodridge Village. Look closely at Section B.
Note all the streams converging in section B where Perry hopes to build 3 detention ponds and hundreds of homes. The streams have already been filled in with dirt.
Troubling Inconsistency in Letter
The City said in the cease and desist letter to Perry Homes et. al. that the sediment had caused severe damage to the City’s storm sewers. However, the City did not specify what damages were. And in public meetings in Elm Grove and at the Kingwood Community Center, Council Member Dave Martin told residents that the storm drains were NOT blocked. He said, “they’re so clean you could eat off them.” I’m not sure whether the drains are blocked or not.
The City has not yet completed its investigation of the sewers. But this is a troubling inconsistency. Frankly, looking at the ankle-deep much on Village Springs Drive next to Woodridge, I find it hard to see how the storm drains could NOT have sediment in them.
Abel Versa had to grab his car to avoid slipping in ankle-deep sediment on Village Springs. Rainwater alone would not have deposited so much muck. Sand also covered the one street in Woodridge Village two days after Imelda. Note the height of the sand pushed up against and over silt fences by the storm.
If Perry is sincere about fixing this mess, they need to come clean (pun intended). They need to explain why they have stopped work in the face of such clear cut danger. They have substantially completed only 23 percent of the detention on their site and have stopped work. The public deserves to know why.
Posted by Bob Rehak on 10/21/2019 with help from Nancy Vera, Jeff Miller, Bill Fowler, Amy Slaughter, Judith Rehak, Josh Alberson and Raines Rushin
783 Days since Hurricane Harvey and 32 since Imelda
All thoughts in this post represent my opinions on matters of public policy and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/10/Helicopter_142.jpg?fit=1500%2C1000&ssl=110001500adminadmin2019-10-21 17:56:362019-10-21 20:57:02Text of Houston’s Cease and Desist Letter to Perry Homes Regarding Sediment Discharges from Woodridge Village
