The two parties will co-own, co-develop and co-maintain the rest of the property to be used for stormwater detention and parks.
The parties will split the cost of the remaining property 50:50 which will be jointly owned, developed, operated and maintained.
For its portion of the remaining cost, the City will donate property worth approximately $5,150,000 to HCFCD that the County can then use for flood control projects in areas of the City that flood.
The City will also, at a minimum, match Harris County’s detention and fill mitigation requirements.
The City will adopt and enforce NOAA’s new higher Atlas-14 Precipitation Frequency standards within the City and in the City’s extra-territorial jurisdiction.
The City agreed to require a minimum detention rate of 0.55 acre-feet per acre.
All this must happen within 120 days.
If the sale falls through, nothing in the terms of the agreement obligates the seller to perform additional flood mitigation.
County Must Now Approve on December 15
Harris County Commissioners Court must still approve the Interlocal Agreement in its December 15 meeting before it becomes effective.
Nothing in the terms of the sale or interlocal agreement mentions the hundreds of lawsuits that arose out of that flooding. They should not be affected.
Pace of Development To Depend on Speed of Funding
The Parties (City and County) agreed to jointly fund the cost of designing and constructing flood mitigation facilities on the Land and to work cooperatively to secure funding. They targeted completion of the project within five years.
Both Parties agree the Land can stay in its current condition until funds are jointly secured to build the project, which may be built in phases based upon available funding.
Any Project on the Land will involve gravity detention. In other words, no pumps will be involved. Perry Homes has already constructed approximately 60% of the required detention.
Stormwater Detention To Be Based on Current Needs
The amount of the Stormwater Detention allotted to each Party will be based on its pro rata share of costs contributed to the Project. The Parties agree that the Stormwater Detention shall only be used for mitigation of existing flood risks, and not to mitigate the flooding risks of any new developments that arise after the execution of this Agreement.
Martin Thanks Turner for Being Mayor for “All the People”
Mayor Pro Tem Dave Martin sponsored the ordinance that council approved this morning and worked to align support. Mayor Turner supported the agreement despite the fact that the majority of Kingwood voted for his opponent in the last mayoral election. In his presentation, Martin specifically commented on that and thanked the Mayor. He said that Turner promised after the election that he wanted to be mayor for all the people. Martin said this was proof that he was good to his word.
Posted by Bob Rehak on 12/9/2020
1198 Days since Hurricane Harvey and 447 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/2020/12/20201207-Aerial-Dec-2020_424.jpg?fit=1200%2C556&ssl=15561200adminadmin2020-12-09 12:16:172020-12-09 23:01:43Houston City Council Unanimously Approves Motion to Purchase Woodridge Village from Perry Homes
When last I checked on the status of Perry Homes’ Woodridge Village project in Montgomery County north of Elm Grove, contractors were still putting the finishing touches on detention ponds. Since then, Perry has:
Erected chain-link fencing with barbed wire around the perimeter
Planted some grass to stabilize the soil
Removed all construction equipment from the site.
More Than a Year After Imelda, Still No Deal
Perry is waiting to see if Harris County and the City will be able to finalize a deal to purchase the site and turn it into a regional detention basin. The three sides have been talking for more than a year. The project twice contributed to flooding Elm Grove last year after Perry cleared the land but before they built all of the required detention capacity.
Now that they’re finished though, they still have only 60% of what they need. That’s because the company rushed to get the project permitted before new, higher Atlas-14 regulations went into effect.
In February this year, the City declined to consider purchasing Woodridge Village. The City said it was the County’s responsibility because voters passed a flood bond, even though the City had approved Perry’s plans even before LJA’s drainage analysis had been submitted.
In the meantime, Perry Homes hinted to Elm Grove leaders that, “It sure would be nice if all those lawsuits went away.” Perry Homes also still has a “For Sale” sign up on the property, although the listing company does not show the property on their website.
Entrance to Woodridge Village from Woodland Hills.
This all reminds me of a line from one of my favorite movies. “Once the plan gets too complex, everything can go wrong.”
Walter Sobchak in Big Lebowski
At this rate, the 60% solution may stay the 60% solution for a long time. Certainly, the lawsuits show no sign of going away any time soon. The Harris County District Clerk’s website (see CAUSE NO. 2019-33415) has seen a flurry of filings in recent months.
Current Pics
Here’s how the site looks today.
Looking east over S1 towards S2, the two detention ponds on the southern border of Woodridge Village.Looking north along the eastern border toward N3, the third pond on the northern section.Where the northeastern portion of the site drains into the head of N3. Note security fence around perimeter.Looking south along N3 toward Taylor Gully in the background.Looking east along the northern border toward Ford Road in Porter.Looking west along the northern borderLooking southwest across the northern portion of Woodridge Village, with N3 on the left.N1, the first detention pond on the northern section of Woodridge VillageThe massive N2 pond along the southwestern border of the northern section.
The Diversion Ditch project would help address several potential problems. Expanding it would remove 62 structures from inundation areas and another 586 structures would benefit from improved local drainage. In addition, the project:
Can divert floodwater from Ben’s Branch, which will be a much more complicated project, taking more time.
Has a 300-foot right-of-way, of which only half is being used
Has bridges that already span the entire 300 feet.
Will help carry floodwaters from rapidly growing south Montgomery County.
History of Diversion Ditch
In the early days of Kingwood, Friendswood Development Company built the Diversion Ditch to reduce water flowing into Ben’s Branch. But since then, upstream development and larger rains have stressed the capacity of both Ben’s Branch AND the Diversion Ditch. Engineers estimate that peak flows have doubled since 1985.
Most of Ben’s Branch is Natural Channel
Ben’s Branch cuts diagonally through the heart of Kingwood. See red lines below. More than half its length – between Woodland Hills and Rocky Woods Drive is natural channel. Widening it will be complicated and take much time.
Red Line indicates approximate path of Ben’s Branch through Kingwood.
Ben’s Branch Now at 2-Year Level of Service
However, areas on both sides of Ben’s Branch are threatened by flooding as you can see in the image below from FEMA’s Flood Hazard Viewer.
Ben’s Branch once had a 100-year level of service, meaning it had enough carrying capacity to prevent homes from flooding in everything but a 100-year rain. Models based on new Atlas-14 rainfall probability frequencies indicate that the channel’s capacity is now down to a 2-year level of service. That means it will flood in minor rains, exactly as St. Martha School did last year.
Worse yet, Ben’s Branch has decreased to a 2-year level of service throughout its length.
HCFCD Kingwood Area Drainage Analysis
Source: Fema’s Flood Hazard Layer Viewer. Cross-hatched equals floodway, aqua = 100 year floodplain, brown = 500-year floodplain.Floodplains shown above are based on pre-Atlas-14 rainfall probability statistics. An Atlas-14 hundred-year rain is about 30-40% higher than the old hundred-year rain.
When flood maps are updated based on Atlas-14 statistics, those floodplains will likely expand…unless we do something to handle more floodwater before then.
However, Ben’s Branch will not move to preliminary engineering right away.
How to Protect Against Bigger Rains and More Upstream Development
The Kingwood Area Drainage Analysis sought to understand what we need to do to restore a 100-year level of service to all ditches and streams based on Atlas 14. Of the 19 ditches and streams studied, nine need improvement. The level of service for some, including Ben’s Branch, has been reduced to 2 years.
Expanding the Diversion Ditch is the fastest way to take pressure off of Ben’s Branch.
The Diversion Ditch intersects Ben’s Branch at the new St. Martha Church. It then flows south to Deer Ridge Park and then winds through River Grove Park. See the white line below.
Kingwood Diversion ditch (white line) intersects Ben’s Branch near the new St. Martha Church.
Expansion Capacity Already Built into Diversion Ditch
Engineers foresaw the day when Kingwood would need more drainage capacity due to upstream development in Montgomery County. They built the Kingwood Diversion Ditch to handle the extra stormwater. They also made the bridges over the diversion ditch wider than they needed at the time. Finally, they dedicated a flood easement on both sides of the ditch that was wider than they needed, so they could expand the ditch later without encroaching on neighboring properties. Here’s how it looks from the air.
Looking north across Northpark Drive toward Bens Branch, which cuts diagonally from left to right through the middle of the frame. Note the ample clearance under the bridge and the wide shoulders of the ditch. St. Martha Church is in the upper left.
Looking south toward Kingwood Drive at the Diversion Ditch. King’s Mill is on right in foreground.
Both Kings Mill and Kings Manor now drain into the Diversion Ditch. But they came long AFTER Diversion Ditch construction. Other new upstream developments that drain into the Diversion Ditch and Ben’s Branch include Brooklyn Trails and Woodridge Forest, both in Montgomery County.
As a result, the Diversion Ditch itself has decreased to a 2- to a 25-year level of service in places. However, it still offers a 100-year level of service in others.
Looking NE toward Deer Ridge Park from over Hamblen Road. A corner of Deer Ridge Estates is on the left. The diversion ditch cuts in front of the park (upper left to lower right) and goes into an area largely undeveloped on its way to the river (out of frame to the right).
Impact on River Grove Park
Once the Diversion Ditch passes through the area shown in the photo above, it enters wetlands and winds through River Grove Park. Two questions arise. How do we protect, from additional flow:
The park?
People downstream on the West Fork?
The first question is simple: split the flow in two. Take part through the undeveloped area west of the park. See the green below.
Green Line represents one possible route for diversion of the diversion ditch.
The second question is more complicated. We need a retention basin to hold the extra stormwater until the peak of any flood passes on the West Fork. But where? The closer you get to the river, the lower the elevation. Because of that, the basin could fill with floodwater from the river before it fills with floodwater from upstream. Fortunately, some large tracts of land exist on higher ground that could be purchased. HCFCD estimates the need at 1248 acre-feet. Preliminary engineering should start soon to address these issues.
Upstream Development Not Addressed by Analysis
Unfortunately the Kingwood Area Drainage Analysis did not address upstream development issues in Montgomery County. That was beyond the scope of work. Regardless, such issues must be addressed somehow, someday soon. Otherwise, even the improvements we invest in today could soon be overwhelmed by additional floodwaters.
In that sense, these channel improvements represent a stopgap measure. The real solution lies in making everyone in the region realize that we are all in this together.
The ten remaining channels/streams already offer a 100-year level of service. Therefore, no improvements are needed. HCFCD felt Taylor Gully should be the next priority after the Diversion Ditch. But the possible purchase of Woodridge Village may require re-thinking project requirements. Specifically, if Woodridge turns into a giant detention basin, the channel may not need as much deepening or widening.
Posted by Bob Rehak on 10/20/2020
1148 Days since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/10/RJR_4304.jpg?fit=1500%2C1000&ssl=110001500adminadmin2020-10-20 21:09:102020-10-21 09:32:19HCFCD Recommends Expanding Diversion Ditch as First Priority in Kingwood
Photo taken on 9/11/2020 shows transportation center in foreground and Perry Homes Woodridge Village in background on other side of Ford Road.
Saving Taxpayers $2 Million Per Year
The District claims that the new 11.7-acre center will save about $2 million in operation costs per year due to shorter routes in half of the District. Management says it should be ready for the 2021 school year and that it will improve response times.
September Aerial Photo Shows Substantial Detention Pond
Here’s what the North Transportation Center looked like on 9/11/2020 from the air. Note the detention pond on the right side of the photo. This pond was one of the first things developed during construction. It also forms a significant percentage of the overall site. Visually, it appears to be about 15-20 percent. And as you can see, it actually holds stormwater!
The transportation facility will be directly across Ford Road from Woodridge Village which has been plagued by flooding problems. You can see Woodridge in the background of the photo above. Woodridge Village contributed to flooding Elm Grove Village twice last year in May and September.
When Humble ISD started clearing land for their North Transportation Center, worried neighbors expressed their concerns about possible flooding. But so far, no damage.
Close up shot of pond and newly poured concrete. Note depth of pondcompared to homes in background and construction container in foreground.Wider shot shows areas where contractors were getting ready to pour new concrete on 9/11/2020.
The Humble ISD has not responded to a request for their drainage analysis.
Posted by Bob Rehak on 10/2/2020
1130 Days since Hurricane Harvey and 378 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/10/20200911-RJR_1168.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-10-02 13:18:192020-10-02 14:14:17Humble ISD North Transportation Center Taking Shape
Houston Mayor Pro Tem Dave Martin issued a press release today that provided additional details about the potential Harris County/City purchase of Woodridge Village.
Unanimous County Vote For Earnest Money Contract
As reported Tuesday evening, Harris County Commissioner’s Court voted unanimously to authorize the Harris County Real Property Division to negotiate an earnest money contract with Figure Four Partners, LTD. The purchase includes two tracts of land containing 267.35 acres located in Montgomery County, which could become the Woodridge Village Stormwater Basin.
The purchase price of $14,019,316.00 is about $5 million below the appraised value of the land. Martin thanks Harris County Judge Lina Hidalgo, Precinct One Commissioner Rodney Ellis, Precinct 2 Commissioner Adrian Garcia, Precinct 3 Commissioner Steve Radack, and Precinct 4 Commissioner Jack Cagle for their support.
TWDB Loan Application
Said Martin, “This is the first crucial step in completing an inter-local agreement between the City of Houston and Harris County to purchase Woodridge Village.” This vote, coupled with the upcoming announcement from the Texas Water Development Board of the City’s eligibility to apply for a 0% interest loan to help develop the Woodridge Village project, will help reduce future flooding in Kingwood and the Lake Houston region.”
During May of 2019, as well as Tropical Storm Imelda almost exactly a year ago, Woodridge Village contributed to flooding and heavy sediment deposited in much of northern Kingwood. Mayor Pro Tem Martin called for the immediate stoppage of the planned development and sale of this site.
End-of-Year Deadline
Martin says he is happy to see the execution of the earnest money contract. It will lock in the purchase price for 120 days. The purchase of the property is contingent upon Harris County Flood Control District (HCFCD) entering in to an interlocal agreement with the City of Houston within 120 days of signing the earnest money contract.
Last week, the City of Houston Public Works Director, Carol Haddock, submitted a letter of intent to the HCFCD Executive Director, Russ Poppe. It acknowledges the commitment by both parties, City and County, to execute a binding inter-local agreement no later than December 31, 2020.
“A binding agreement for the proposed transaction can only be evidenced by HCFCD executing a finalized inter-local agreement which will need the approval of Houston City Council” said Martin. Martin also said he “is committed to working with every council office to gain their support of this interlocal agreement, as mutual support of projects to reduce future flooding citywide are key to a successful resiliency plan.”
The location of the Figure Four Property is suitable for a sub-regional stormwater detention facility, which will help protect affected residents from future intense rainfall events.
Dave Martin, Houston Mayor Pro tem
Consolidation of Three Wastewater Treatment Plants on Woodridge Property
“Additionally, the City has identified a need for approximately 73 acres of the total site to serve as the location for a regional wastewater treatment plant,” says Martin. “This would facilitate consolidation of three wastewater treatment plants in the Kingwood Area.”
Two of these three plants were significantly impacted by flooding during Hurricane Harvey.
The City would contribute cash for the portion of the site that would house the new wastewater treatment facility.
Land in Lieu of Cash for Floodwater Detention Portion of Property
For the floodwater-detention portion of the property, the City would contribute land in lieu of cash for Harris County Flood Control District flood-risk-reduction projects.
Construction Funding Details Still to Be Worked Out
Once purchased, the City and District will work together to find additional funding to construct additional stormwater detention on the site to maximize downstream benefits. The Perry Homes/Figure Four Partners property only contains enough detention capacity at the moment to handle about 60% of Atlas 14 requirements. Atlas 14 is NOAA’s attempt to update rainfall precipitation frequency statistics. The need for the update became apparent after four so-called 500-year rains in five years (Tax Day, Memorial Day, Harvey, Imelda).
Despite the recent completion of three additional detention ponds, the Woodridge Village site currently only has about 60% of the detention capacity needed to handle a true 100-year rain (according to Atlas-14 requirements).Photo 9/11/2020.
The City has recently submitted an abridged application to the Texas Water Development Board (TWDB) for a $30 million grant/loan to fund a flood-damage-reduction project on Taylor Gully.
TWDB manages the capital Flood Infrastructure Fund (FIF) created by the 86th legislature in 2019, thanks to Texas State Senator Brandon Creighton and Texas State Representative Dan Huberty. The legislature mutually seeded the FIF program with approximately $790 M, the state has received applications requesting over $2.3 billion to date. Staff recommendations for applications to advance to the formal comprehensive application submittal phase are pending.
“Ultimately, approval of this earnest money contract is a huge win for the City of Houston and Kingwood residents,” said Martin. “We hope to have more good news once the city has completed its application to the Texas Water Development Board for improvements to Taylor Gully, which will happen later this year.”
Posted by Bob Rehak on 9/17/2020
1115 Days after Hurricane Harvey and 364 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/09/20200907-DJI_0697.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-09-17 15:22:032020-09-17 15:22:24Mayor Pro Tem Martin Provides Additional Details on Purchase of Woodridge Village
Harris County Precinct One Commissioner Rodney Ellis
Garcia Also Wanted to Add New Condition
Precinct 2 Commissioner Adrian Garcia also wanted to add a new condition. He wanted to get the City to give Harris County Flood Control District (HCFCD) a place on the City’s planning commission. At this point in the meeting, it looked like the motion could die again.
However, Houston Mayor Pro Tem DAVE MARTIN assured Precinct 2 Commissioner Adrian Garcia that he would fight to get HCFCD a place on the Planning Commission. Garcia then decided to vote for the motion. Earlier this month, the two jointly requested the Planning Commission to consider higher flood mitigation standards in their planning decisions.
How Vote Went Down
Garcia emphasized that he didn’t like the Woodridge Village motion per se, but that he trusted Martin to get the County a seat on the planning commission. Thus, he would vote for the Woodridge earnest money proposal.
Veteran observers of Commissioners Court say this was the first time Ellis, Hidalgo and Garcia contemplated splitting their vote. Previously, they have always voted as a block.
Commissioners Jack Cagle and Steve Radack had already voted for the motion. When Garcia flipped, Ellis and Judge Lina Hidalgo read the handwriting on the wall. They also voted for the Woodridge earnest money contract at that point. The final vote: 5-0.
What Comes Next
At this point, final language of the Inter-Local Agreement with the City must be hammered out in the next 120 days. The City must also agree to the conditions listed above by:
Identifying land worth half the purchase price
Contributing assets or cash equal to half the purchase and development costs
Updating certain regulations affecting flood plain development
It also seems to me that the County must develop plans for Woodridge so that it can estimate costs and how much the City will have to contribute.
Finally, Perry Homes and its subsidiary, Figure Four Partners, must agree to all the conditions and sign the earnest money contract.
There is still a long road ahead for this deal. But today was a great step forward. At least we’re on the road now, thanks in large part to Commissioner Jack Cagle and Houston Mayor Pro Tem Dave Martin who refused to let this deal die.
Posted by Bob Rehak on 9/15/2020
1113 Days after Hurricane Harvey and 362 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/09/Rodney-Ellis-9.15.20-mtg.jpg?fit=1200%2C796&ssl=17961200adminadmin2020-09-15 19:04:062020-09-15 19:29:07Harris County Commissioners Approve Negotiation of Earnest Money Contract for Woodridge Village
The purchase of Woodridge Village from Perry Homes’ subsidiary Figure Four Partners is back on the agenda for Harris County Commissioners Court next Tuesday. All conditions previously imposed on the deal by Precinct 1 Commissioner Rodney Ellis have been addressed this time.
Part of the 268-acre Woodridge Village being considered for purchase as a flood control facility. If purchased, HCFCD would greatly expand the flood detention capacity. While Perry Homes has virtually finished construction of their planned detention ponds, those are still about 40% short of Atlas-14 requirements.
This time, the County Attorney will present the proposal, not Flood Control or the County Engineer’s office. See item 14 G below.
Agenda Item 14-G
14. County Attorney
g. Request that Commissioners Court authorize the Real Property Division manager or assistant division manager to sign an earnest money contract with Figure Four Partners, Ltd., for the purchase of two tracts of land containing approximately 267.35 acres in Montgomery County for the Woodridge Village stormwater detention basin in the amount of $14,019,316, approximately $5,100,770 below the appraised value, with purchase of the property being contingent upon certain conditions and commitments.
Reportedly, the agenda item moved to the county attorney this time because the purchase of the property is a legal issue.
Any projects done on the property after the purchase will fall into the domains of Flood Control or Engineering.
From the letter above, it appears the county has an opportunity to purchase the land below the market appraisal – a rarity.
Previous Conditions Specified in Letter
The purchase will be contingent on Flood Control and the City of Houston entering an Inter-Local Agreement within 120 days of the execution of an earnest money contract. The earnest money contract will also require several commitments by the City. Commitments include, but are not limited to, the following:
City will contribute land to the county equal to one-half of the purchase price for flood damage reduction projects.
City and the Flood Control District will equally share costs associated with the basin’s development AND post-development maintenance. The deed will show both the City and District as co-owners of the two tracts of land.
City will adopt updated detention and fill mitigation requirements that, at a minimum, match Harris County regulations and Atlas 14 requirements – BOTH inside the City AND within the City’s extraterritorial jurisdiction.
Will Ellis Add New Conditions?
The subject of Woodridge has come up at Commissioners Court at least five times in the last six months. Each time, Precinct One Commissioner Rodney Ellis has used the occasion to add new conditions to the deal. All of his conditions, however, have been addressed in the letter above from Robert Soard, the First Assistant County Attorney.
If you would like to speak to the commissioners on this topic, you need to sign up no later than 8 a.m. on the day of the Commissioners Court meeting at https://appearancerequest.harriscountytx.gov/.
Posted by Bob Rehak on 9/13/2020
1111 Days since Hurricane Harvey and 360 since Imelda
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/09/20200911-RJR_1153.jpg?fit=1200%2C800&ssl=18001200adminadmin2020-09-13 12:55:182020-09-13 13:59:48Woodridge Village Purchase Back on Commissioners Court Agenda – With All Conditions Addressed
In the Harris County Commissioners Court meeting on 8/25/2020, Commissioners again considered the purchase of Woodridge Village from Perry Homes – at least one small aspect of it that would have allowed them to lock in the price while other details are worked out.
For months, the County has considered purchasing the property to create a regional flood detention facility along Taylor Gully. On Tuesday, County Engineer John Blount placed an item on the agenda requesting that Commissioners declare the purchase of the property north of Elm Grove a “public necessity.”
The declaration is a procedural formality that would allow the county to enter into an earnest money contract to lock in the price. The terms of the contract, however, would not have obligated the county to write a check until all conditions placed on the sale had been dealt with satisfactorily. After a half hour of debate, the Court took no action.
Ellis Goes On Attack Again
Once again, Commissioner Rodney Ellis used the opportunity to try to add two new conditions to the purchase. In the process, he exaggerated the cost of the deal and misrepresented the substance of previous votes.
The proposed new conditions were that the City should pay for half of any new lawsuits arising from the property and that the City should pay for half of the maintenance costs.
The following timecodes are approximate. This is a summary, not a transcript. These portions of the 30-minute discussion stood out because of their importance or inconsistencies.
“Recommendation that the court find a public necessity exists for the Flood Control District to purchase Tracts G503-06-00-01-001.0 and G503-06-00-01-002.0 in Montgomery County from Figure Four Partners, Ltd., in the amount of $14,019,316 plus closing costs for the Woodridge Village stormwater detention basin, and that the Real Property Division Manager or Assistant Division Manager be authorized to sign any agreements or closing documents associated with this transaction.”
Ellis Leads Off Discussion With Leading Questions
2:01:12: Commissioner Ellis says “Judge, I have a few questions…” and the debate begins. As usual, Mr. Ellis begins by asking leading questions. And the answers are usually obvious. On this day he asked whether the purchase would lead to increased maintenance costs.
2:01:40: Russ Poppe, executive director of the Flood Control District replies, “Yes.”
2:01:50: Ellis asks how much the District’s maintenance budget would decrease should the county adopt a “no-new-revenue” tax rate for next year.
2:02:10: Poppe says that he has seen spreadsheets [which have not been made public] that indicate reductions to operations and maintenance budgets could begin next year, but he doesn’t mention a percentage.
2:02:37: Ellis says, “So the costs will go up” and “…It will be a significant increase.” [Editor’s note: the amount of the increase was never mentioned. You need to be a fast listener when Ellis has the floor.] “So my question is, ‘Why would the district proceed with construction of mitigation assets if we don’t know if we may be unable to maintain them?
Would it make more sense – if we adopt the no-new-revenue rate – to pause third and fourth quartile bond projects until revenue is sufficient to maintain?
Rodney Ellis
[Editor’s Note: by accelerating projects in LMI and SVI neighborhoods, Ellis has delayed projects, such as this one, in other precincts.]
Ellis continues. “Why will we keep starting more projects and we have no idea how we’re going to maintain them?” [Editor’s Note: He does not ask the same question of projects in his precinct.]
2:03:27: Poppe replies, “You bring up a concern that I had, too, Commissioner. Because I know our funding is going to have to increase in order for us to take care of all this infrastructure to the level that our residents are going to expect us to make sure that it functions when we need it to function.”
Confusion over Previous Conditions
2:03:40: Ellis asks Blount or Poppe to restate the conditions previously imposed on the deal that should have preceded the County moving forward with the project. [Editor’s note: I submitted a FOIA request to the County asking for the exact text of that motion, approved in open court. The County denied the request. I appealed. The County submitted it to the State Attorney General’s office for review. The attorney general has not yet ruled on the issue.]
2:04:10: Poppe starts his reply by talking about the demand for half the purchase price. “The city has indicated they do not have the cash available to make up their half of the contribution to acquire the site, which is around 14 million dollars. And the city has indicated that they would rather transfer land assets in the value of at least half of the purchase price to us for use as flood-risk reduction projects. That was condition number one.”
“Condition number two was that the City of Houston adopt updated detention and mitigation rates commensurate with the Atlas-14 rainfall rates. And that was both to be adopted inside not only their city of Houston limits, but also their ETJ.”
“And then the third…”
2:04:45 Ellis interrupts. “And have they done that?”
Precinct 1 Commissioner Rodney Ellis
2:04:50: Poppe replies, “No, there’s an ongoing task force or work group for which I think John’s office (County Engineer) and my office both have people who sit in and contribute to those conversations. But no, they have not adopted increased mitigation requirements yet.”
“And then the last piece that has to occur, Commissioner, is we have to execute an inter-local agreement that addresses those issues I just mentioned, as well as other details, as one might imagine, come up as you start developing a site of this magnitude.”
Ellis Reminds Poppe about Getting City to Pay for Half of Construction
2:05:17: Ellis, referring to a second motion to include construction costs in the City’s half of the deal, asks, “And wasn’t that talk about paying for half the cost to do something with it? I thought that was in the motion. And also paying for half the cost in the event there’s a lawsuit … and … a commitment to pay for half of what it takes to maintain?” (Editor’s note: Paying for half the construction costs was in a previous motion. But the motion did NOT include the City paying for half of legal or maintenance costs.)
2:05:54: Poppe replies. “Yes, Commissioner, those were all issues we’ve talked about, but I don’t believe those were actually directed by court. I know that’s your intention and I want to get those issues addressed with the City as part of our inter-local agreement, too, because those are real costs.”
2:06:54: Hidalgo incorrectly states that Ellis’ additional requirements WERE part of previous motions. “And they WERE, Russ. I remember this is about the fourth time we’re going back over what we agreed. Maybe someone ought to just go back and listen to the transcript and send it around, because as I remember, it was that half of both the purchase and whatever happens and then the detention requirements and there could be assets of land. But we’ve had the same discussion quite a few times. I think in the end we agreed.” (Editor’s note: this contradiction may have something to do with why the FOIA request was denied and appealed to the State AG.)
2:07:45: After a long diatribe about how the City can’t be trusted, Ellis states that he can’t support the deal unless there’s an inter-local agreement that specifies objectives IN WRITING. (Editor’s note: Ellis previously insisted that an inter-local agreement was worthless and that the City had to actually comply with all County demands BEFORE the County moved forward.)
Ellis then worries that there won’t be enough money to complete projects in his district.
Ellis Likens Project to Buying Brooklyn Bridge
2:16:46: Ellis likens the Woodridge Village project to acquiring the Brooklyn Bridge.
2:17:00 Poppe explains that the County provided an inter-local agreement to the City that addresses all the issues under discussion.
“We are still waiting to hear back from them to actually sit down and have a negotiation meeting to make sure that they’re on the same page as us with those initial concepts and the inter-local agreement.”
Russ Poppe, Exec Director, HCFCD
2:17:38: Hidalgo says, “So we can take no action on this item?”
County Attorney’s Office and Cagle Clarify Earnest Money Contract
2:18:43: Robert Soard from the County Attorney’s Office clarifies the purpose of the earnest money contract. It:
Commits the seller to the price.
Gives the County 120 days to work out an inter-local agreement with the City.
Specifically says the inter-local agreement has to be approved by Commissioners Court before the court has to buy the property.
2:24:05: Commissioner Jack Cagle says, “This is not nearly as complicated as we’re trying to make it. We have people in Harris County that are at risk of flooding because of the property that’s upstream. We have a chance to lock in a very good price to be able to acquire property to help people that live in Harris County.”
“Understand that we have all the criteria that have been added to the initial idea. And the ball has moved a little bit since our very first meeting. But with all of that in place, to be able to at least lock in the price – as opposed to letting that price float with someone on the other side who is trying to decide what they want to do – I think is a reasonable thing.”
“And if we can’t meet the three criteria or the five criteria or the seven criteria that might come down the pike, then we don’t meet those. But at least let’s give ourselves a locked-in price and a set of targets to move towards. These are people in Harris County that we’re trying to help in times when they’re concerned with things that are coming in to our area with regard to water – tropical storms, hurricanes, flooding.”
Ellis Drops New Bomb; Commissioners Take No Action
2:25:40: Ellis says that he won’t support the declaration of necessity because it raises “false hope that we’re going to do it,” meaning purchase the property. He also says, “And the city is telling us that they are not going to make a decision on those policy matters [Atlas-14 implementation], but they would like us to commit to this 50 to 70 million dollars.” During this part of the discussion, Ellis doubles previous estimates and ignores the fact that the City would be paying for half, but no one corrects him. He couples the Woodridge-Village purchase with setting the tax rate, as if he’s getting ready to blame a tax increase on Elm Grove.
And then he drops the big one. He admits, “those people who have gotten water in neighborhoods where there were no equity standards will be left out.”
Rodney Ellis, Harris County PRECINCT 1 COMMISSIONER
The reference to equity has to do with the application of poverty standards to the prioritization of bond funds. He explicitly states that if your neighborhood doesn’t meet LMI or SVI criteria – his definition of equity – you won’t benefit from the $2.5 billion bond fund.
The discussion ended shortly thereafter.
Commissioners decided to take no action and defer the motion to a later date.
Again, please don’t just accept my summary of Tuesday’s meeting; view the video yourself. The discussion was rambling, disjointed, and filled with “memory lapses.” But I believe this summary captures the main points.
Breaking a Golden Rule of Conflict Negotiation
It’s clear from Cagle’s cynical comment about the three, five, or seven conditions, that he despairs this deal will ever be finalized. Every time it comes up, Ellis tries to add more conditions. Most distressing is the fact that he’s also trying to redefine motions that the Court previously agreed to. And that the county refuses to produce the text of after a valid FOIA request.
Harris County Commissioners Court has a real transparency issue.
Ellis is diverting money to projects in his district with new conditions that evolve in each meeting.
A golden rule of conflict resolution states that if you agree to a deal three times and someone still keeps trying to add conditions, you should disengage. That person is just not being honest with you.
Posted by Bob Rehak on 8/27/2020
1094 Days since Hurricane Harvey and 343 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/2020/08/Ellis-8.25.jpg?fit=1200%2C793&ssl=17931200adminadmin2020-08-27 19:38:582020-08-28 04:50:00Commissioner Ellis Tries to Add New Conditions to Woodridge Deal – Yet Again
FEMA defines base flood elevation as “The elevation of surface water resulting from a flood that has a 1% chance of equaling or exceeding that level in any given year.” In other words, it’s how deep the water would be in a 100-year flood at any given spot.
Let’s take a look at each.
Texas Watershed Viewer
The Texas Watershed Viewer lets users identify local watersheds, sub-watersheds, river basins, and river sub-basins throughout the State of Texas.
To find your watershed and river basin, simply type your address into the search bar and press enter. The map will zoom into the address. From here, click anywhere on the map and the name of the sub watershed will appear. If you click the next arrow on the feature label, the name of the watershed will appear. If you click the next arrow again, the name of the river sub basin will appear followed by the larger river basin.
Clicking on Caney Creek showed the extent of the watershed. Clicking on the arrow within the green bar at the top of the info box changes the outline to match the river sub-basin or basin.
This lets you quickly visualize the extent of a watershed so you can see where water is coming from and going to.
After you click on map to see the feature’s name, you can view the geographic extent of the sub watershed, watershed, river sub basin, and river basin, by clicking the minus sign on the top left corner to zoom out from the address level to the boundaries of the other features. The boundaries of these features will be light blue.
Other Texas Watershed Viewer tools
Zoom: You can zoom in on your neighborhood or zoom out to the entire state of Texas.
Layers: adds the layers window in the top right corner. You can turn the layers on and off by click on the check box.
Basemap gallery: lets you change the basemap of the viewer. The topographic map, for instance, is a useful layer because river, lakes, and streams are labeled.
Measure: lets you measure the distance from your home to a water feature.
Share: lets you show your friends what you see on social media.
Print: lets you print out a copy for your records.
Uses
This site helps viewers understand where water comes from and how it converges. As land is cleared and leveled, it also helps you understand where streams used to flow. (Note: This feature only works until background maps are updated, however.)
One reader used this feature to show how a developer had filled in natural drainage on the developer’s property and blocked off drainage from the reader’s subdivision. With three potential tropical systems moving in our direction at this moment, that information could be very useful if his home floods and he needs to call a lawyer.
Using the topographic base layer, you can also predict where and how runoff will flow during a flood. Many homes near the East Fork flooded during Imelda when Caney Creek captured the Triple PG mine and started flowing south through an area where several other creeks converge. Homeowners report being flooded from overland flow before the creek rose. The topographic feature shows the path that the water likely took.
Those who have a passion for understanding the physical world around them could spend days exploring this website.
Legend shows estimated water depths in image above.
Like most flood maps of this sort, you can turn layers on and off and change base maps.
For instance, by clicking buttons, you can have it show the estimated flood extent and depths for a 1%-chance flood and a .02%-chance flood. You can also view stream center lines, cross sections, and view detailed information on flood insurance rate maps.
You can even activate a split screen mode and compare different features side by side, i.e., ten and hundred year flood extents.
The point of this whole site is to understand not just the extent of floods, but their DEPTH as well.
Uses
FEMA says information from this site helps:
Inform personal risk decisions related to the purchase of flood insurance and coverage levels.
Inform local and individual building and construction approaches.
Prepare local risk assessments, Hazard Mitigation Plans, Land Use Plans, etc.
Prepare information for Letter of Map Amendment (LOMA) submittals.
Helpful Where Flood Maps Not Yet Available
The BLE (Base Level Engineering) Data in this website provides flood hazard information where flood insurance rate maps may not yet be available. We saw this, for instance, in Woodridge Village (north of Elm Grove) where flood maps stopped at the Harris/Montgomery county line. LJA Engineering claimed there were no floodplain issues on the Montgomery County side of the line. In fact, most of the Woodridge Village was in a flood plain as you can clearly see below; it just had not been mapped yet.
Compare that to FEMA’s Flood Hazard Layer Viewer below and you will immediately see the difference.
FEMA’s National Flood Hazard Layer Viewer shows danger stopping abruptly at the county line.
FEMA’s estimated base-flood elevation viewer helps reputable land developers identify flood risk, expected flood elevation, and estimated flood depth where Base Level Engineering has been prepared (i.e., as in the Lake Houston Area).
Reportedly, the information in this tool is not yet Atlas-14 compliant. But it’s still better than nothing.
“Buyer Aware”
The more tools you have to evaluate the purchase of insurance and property, the safer you will be.
No one tool can do everything. But together, the can make you “buyer aware.”
Posted by Bob Rehak on 8/20/2020
1087 Days since Hurricane Harvey and 335 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/2020/08/Screen-Shot-2020-08-19-at-10.30.14-PM.png?fit=1422%2C1080&ssl=110801422adminadmin2020-08-19 23:17:552020-08-19 23:39:41Two More Websites That Help You Understand Drainage and Flood Risk
The New Caney ISD has removed a long swath of trees that separated Sorters-McClellan Road from the site of its new high school south of the Kingwood Medical Center. Removal of the trees – beforethe construction of the detention pond for the site – removes the last barrier between sheet flow and residents downhill.
Similarities to Woodridge Village
Clearcutting creates a condition similar to that of Woodridge Village. Woodridge contributed to flooding Elm Grove and North Kingwood Forest twice last year after Perry Homes cleared the site before installing all the required detention. With nothing to retain runoff in a major storm, water could inundate Sorters Road and the homes on the opposite side of it in McClellan Circle.
This once again raises the question of whether contractors follow best practices for construction.
The site is in both Montgomery County and the City of Houston. But Montgomery County claims the City took the lead in permitting this site. MoCo claims it does not even have any drainage plans.
Looking south along Sorters Road at the site of New Caney ISD High School #3. Land slopes from left to right and foreground to background. Recently, contractors removed all trees next to the road. A large detention pond is supposed to be installed next to the tree line at the far end of the site. See below.
Building Pad Site Complete But No Detention Pond Yet
As of July 20, 2020, New Caney ISD had this to say about the project. “The site has been cleared and rough grading is at 90 percent completion.” Contractors have completed the building pad and will start installing the concrete piers concurrent with the underground storm and sanitary systems.
General plan for New Caney High School #3. North is left, east is up.Detention pond should be at far end of the photo above.
This approximately 50-60 acre site slopes toward the corner in the upper right by 10 to 15 feet depending on where you start.Sources: Google Earth Pro and USGS National Map Viewer.USGS National Map Viewer still shows old par 3 golf course on which the new high school will be built.
This is a 5% slope compared to the 1.8% slope on Woodridge Village.
Comparing Google Earth Elevation Profiles
The steepness of the slope accelerates runoff in the absence of features to slow it down.
Current State of Site
Here are some more shots showing the current state of construction on the site.
Looking NW toward the Eagle Sorters Sand Mine in the top left.Looking NE toward HCA Kingwood Medical Center and Insperity.Looking SE toward retail establishments that front US59, barely visible in the top left of the frame.
There seem to be some berms in the corners of the property. They may slow down sheet flow in a large storm. But the berms are absent over the large area in the center where the high school building itself will go.
Peak of Hurricane Season 5 Weeks Away
Let’s hope they get the detention in before the next big storm. No one wants a repeat of Woodridge.
Posted by Bob Rehak on 8/4/2020
1071 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2020/08/20200803-DJI_0295-2.jpg?fit=1200%2C900&ssl=19001200adminadmin2020-08-04 19:04:222020-08-04 19:17:18New Caney ISD Clearcutting Site of High School #3 Before Installing Detention
