Houston City Council Notes, prepared by Emily J Hynds
Agenda
- Mayor’s Report
- Consent Agenda (items that require a vote, like purchases, resolutions, ordinances, etc.)
- Public Hearing
- Council Member Pop-Off
Mayor’s Report
Mayor Whitmire used his time today for an update and discussion on the Fifth Ward Cancer Cluster relocation program. Last year, Council approved a $5M fund to begin the relocation process. On January 10, Item 34 proposed using $2M of that fund for the partnership with Houston Land Bank, but Whitmire asked for a 30-day delay while he conducted further investigation.
- Today, Whitmire recounted a recent tour of the area, when he spoke with “half a dozen or so” residents, who all said they didn’t want to move. The Mayor’s deputy Chief of Staff Steven David and Cynthia Wilson, Special Advisor to the Mayor, gave a presentation.
- Mr. David shared a map that showed the Fifth Ward Cancer Cluster area. There is a small area where the actual creosote plume is, surrounded by a larger area that has been tested by the City to show the presence of toxic levels of dioxins. Only the area directly above the plume is (currently) eligible for the relocation program.
- Since the City opened dialogue with residents regarding the creosote plume in 2019, two new residences have completed the permit approval process and been built; five more are in the permit approval pipeline. 8.6 miles of roads have been repaved and several bus stops have been rehabilitated.
- Whitmire, David and Wilson all intimated that these conflicting signals have been causing confusion, cognitive dissonance, and mistrust with residents. Some people feel the relocation program is a land grab tactic on the part of the government and developers.
- Houston only tested for dioxins, the EPA and Union Pacific are testing for ~500 chemicals. They also plan to test nearby to get a baseline dioxin level. There was much discussion on the different government agencies involved (City, County, State, EPA, GLO) and how they haven’t been working together.
- Whitmire emphasized wanting to “clean up” the area rather than relocate people out of it. He decried a permit that was instigated in the area as recently as last month, saying this “inherited” system “ain’t the way to do things.”
- It will likely take a year or more for the EPA to conduct their studies, hampered in part by residents refusing consent for their land to be tested.
- Mayor Whitmire compared Fifth Ward to Acres Homes, saying Fifth Ward looked prosperous in comparison. He backpedaled a bit on the word “prosperous,” saying illegal dumping and stray dogs were visible in Fifth Ward as well. This whole bit was cringe.
- Whitmire said that EPA Director Nance has hinted that Union Pacific is now more amenable to taking responsibility, including financially.
- CM Kamin asked attorney Michel several questions:
- Can the State of Texas force Houston to approve permits? Michel said because the EPA is involved, Texas’s rights to enforce are trumped.
- Does the EPA’s takeover of the City/County/State’s intent to sue Union Pacific preclude the City/County from further legal action? Michel said yes, but individuals can still sue on their own.
- Kamin also applauded Harris County Attorney Menefee for his work on the cancer cluster lawsuit.
- CM Thomas remarked, “How apropos that this is Black History Month.” She gave a brief history lesson on the mistrust between Black folks and the government, especially regarding land. She said, “I don’t think that this administration or this year or the next five or eight years will really bridge the gap in terms of mistrust.” She stressed the importance of balancing community investment with relocation at the same time.
- CM Castex-Tatum also remarked on the history of mistrust between Black people and the government regarding land grabs. She said that if people take a buyout, the City needs to make sure their land is not bought and developed by anyone else who could be put at similar risk. She likened this to the restrictions on development in flood prone land.
- Mr. David said that while the City waits on studies from the EPA, they need to establish contact with the individuals in the community and work to build up the trust that has been broken.
- CM Castex-Tatum particularly remarked that even though more money is needed, the initial $5M the Council passed was good because it has instigated all of this discussion and led to further action. She said, “But for that first step, we wouldn’t be able to move forward with a bigger solution.”
- CM Plummer asked if realtors are required to disclose to potential sellers about the creosote plume, Attorney Michel said no. She mentioned multiple law firms (and said “I’m not going to name them, although I would like to”) encouraging their clients not to allow the EPA to test their property. She also wants a First Right of Refusal clause for those who take a buyout, in the case the EPA does decide it is safe to live near the plume, so they can have first opportunity to buy back their property.
- CM Huffman asked if the City advised the people pulling permits for the plume area that there was ongoing toxins testing? Attorney Michel said no.
- CM Davis went on a bit of a ramble that I will not relate to you, just wanted to let you know we have a new Council Grandpa.
- Specifically calling out CM Thomas, Mayor Whitmire said, “We’re all familiar with the historical ills in America. I don’t think we’re going to fix them this morning. … And don’t underestimate this mayor’s ability to restore trust.”
- Everyone decided to just go ahead and vote on Item 15 out of order, which authorized using $2M of the initial $5M fund to set up operations with the Houston Land Bank.
- Before the vote, CM Pollard said, “I want to thank those who have had the vision and courage to even put forth this type of item in the past that we can even discuss today,” a pretty obvious reference to Mayor Turner if I’ve ever heard one.
- After over an hour of discussion, Item 15 passed.
Agenda Items, Selected Works
- Item 3 approved $309K for hydraulic cutting and lifting equipment for the Fire Department.
- Item 5 approved $269K for a Command Post Tactical Operations Vehicle for HPD. These vehicles are used for “SWAT operations, active shooter events, hostage negotiations, bomb threats, and other emergency scenarios.”
- Item 6 approved $119K for a Bomb Squad Response Vehicle for HPD.
- Item 8 appropriated $2.8M out of Equipment Acquisition Consolidated Fund for security improvements at City facilities, including new motorized entry gates and fencing; access control devices; security cameras; intrusion alarms and traffic control systems.
- Item 9 authorized a $1.9M, three-year contract with a company to provide garbage services to the airport system.
Public Hearing
Today’s public hearing was on the properties the City has decided to include in their list of recommendations to the State for the 9% Housing Tax Credit. This tax credit is administered by the Texas Department on Housing and Community Affairs (TDHCA). The TDHCA uses a scoring system to evaluate applicants that includes: local government support, community participation, support from State representatives, input from community organizations, and a community revitalization plan.
After today’s hearing, the Council will (hopefully) vote to approve on 2/14. The due date for the application to TDHCA is 3/1.
Houston’s Department of Housing and Community Development (HCD) has its own set of priorities that help guide these recommendations to the State: rehabilitation and reconstruction of current properties (vs new builds), locales in Complete Communities and TIRZ, areas of low poverty and high performing schools, areas experiencing high rental costs, transit oriented developments, areas underserved with affordable housing, permanent supportive housing for special needs populations, and onsite educational programming.
HCD is sending 18 recommendations to the TDHCA. Last year, the TDHCA granted only 9 of these tax credits in the region.
Many CMs had remarks specific to applicants in their district. Many of the developers were there to give comment as well, but my personal meeting timer was up so I dipped out. This also means my notes will not cover the Pop-Off, so I sadly didn’t get to hear if Mayor Whitmire has learned to pronounce CM Castillo’s name yet.
Who took these notes? And what resources did they use?
My name is Emily Hynds and I am a writer, producer of the monthly storytelling series Grown-up Storytime, and lifelong Houstonian. I am not a journalist or government official. I am a local government enthusiast who believes meaningful change starts at home. These notes are presented from my point of view and with my framing, and are not comprehensive. Your notes will certainly be different, and I would love to read them if you attend.
While compiling these notes I used the following sources:
https://houston.novusagenda.com/agendapublic/
https://houwatch.com
https://houstonlanding.org/city-halts-development-in-greater-fifth-ward-cancer-cluster-following-landing-investigation/
You can find your City Council Member and their contact info at: http://www.houstontx.gov/council/whoismycm.html
Thank you to ACLU TX for supporting these notes.
My Patreon is patreon.com/emilytakesnotes.
