OVERDRAWN in Fort Worth....Our Mitigation Banks

I have attached a link to a story about mitigation banks on the east side of Fort Worth which was recently reported about in the newspaper….not the Star Telegram, but the Houston Chronicle.  I wish the Star Telegram would do more investigative reporting. 

http://www.houstonchronicle.com/news/houston-texas/houston/article/Banking-on-Texas-wetlandsSome-6516745.php?t=808a2601f7&cmpid=email-premium

What is mitigation banking?

Mitigation banking is an agreement between a property owner and federal regulatory agencies to preserve, enhance, restore, or create a wetland area for the purpose of compensating for the inevitable destruction caused by construction in another area. Mitigation bank owners sell credits to government agencies and private developers who need permits to destroy other areas of wetland.    

I hadn’t heard of mitigation banking until gas drilling became widespread in our neighborhood and I became more aware of the properties around me. I was happy to learn there were two very large mitigation banks near my home. I was comforted by the thought that at least the land would be preserved and safe from the careless gas drilling practices I had personally witnessed in our area.

But the "preserved" land was drilled anyway!  

I learned the US Army Corps of Engineers is the primary regulatory agency for mitigation banks and responsible for their oversight.  The Corps approves the activities of the mitigation bank, determines how many credits a mitigation bank contains, and decides when there are no more credits available.  

I also learned that in 2008 the EPA and Corps implemented new guidelines and cited mineral exploration as an “incompatible use” of mitigation banks.  So why was the mitigation bank owner in our neighborhood allowed to drill?   

Unfortunately, the 2008 guidelines included a little clause which gave each Corps District Office the authority to approve acceptable uses on a case-by-case basis. It also included a grandfather clause for existing mitigation bank owners.

Why would the Corps allow the un-preservation of preserved land? Isn’t that why mitigation bank owners are paid millions of dollars, to keep their land as is and not develop it for profit? Maybe a refund is in order by mitigation bank owners who destroy the land they agreed and were paid handsomely to preserve.  

So what can we do to preserve our wetlands? My suggestion is to shine the light on this practice by contacting the Mitigation Section of the Corps Fort Worth District Office (817-886-1306). Let them know you read the Houston Chronicle article and have concerns about how the Corps allows certain mitigation bank owners to change the designated use of preserved wetlands. Ask this regulatory agency to please step up their monitoring of local mitigation banks.  

Those dang east side cops are.....

My heroes! Especially these 2 officers!

The police officers on the east side of Fort Worth are the bravest, most patient, and most versatile officers of the Fort Worth Police Department.  East side officers never know what they're going to be doing next.  The east side of Fort Worth is truly a unique part of town. In a blink of an eye you can go from inner city to wild and western.

My husband Larry and I run about 35 head of cattle on the east side of Fort Worth on a couple of hundred acres of land in what old timers refer to as the river bottoms. It's a lot of work, but worth every drop of blood, sweat, and tears.  Fort Worth is still cow-town after all.

One of our biggest challenges is maintaining fence lines and keeping gates closed.    There  are a lot of fence line and gates in a couple of hundred acres and we have to check these regularly.  Trees fall on the fence, flooding knocks out stretches of fence, disrespectful fishermen cut our fence in order to get to the river to fish (respectful fisherman place a blanket over the barbed wire and pass through it), disrespectful people on 4-wheelers cut our gate locks so they can ride all over the hay field we keep plowed and sowed with wheat, oats, and hay for our cattle, and gas drilling companies are notorious for leaving gates open while they're working or mowing right-of-ways.

When you drive down Randol Mill Road, it's not uncommon to see this in our front yard or in the hay field on Precinct Line Road.  It's a peaceful sight!

But at rush hour, at the intersection of Randol Mill and Precinct Line Roads, this is not such peaceful sight!

The other day, my policemen heroes responded to a call reference a herd of cattle in the road. And while the cows technically weren't in the road, they definitively were a distraction to drivers.  

The policemen were quick to respond and within seconds had the traffic under control while my husband paraded part of the cattle down Randol Mill Road as if it was the Stockyards.  The other group of wayward heifers were spooked by all of the attention and suddenly remembered the exact location from which they had made their escape and returned home. The disrespectful fisherman had struck again.....more fence line had been cut by the Precinct Line bridge.

Here are the girls cooling off in the river after their adventure.

                                      

I can't thank the officers enough for being so professional, safety-minded, understanding, and helpful.  I think we too often take our police for granted. They place their lives on the line every second they're on duty working to serve and protect us; and now their lives are at risk even when they're not on duty because of a few bad cops. I strongly believe that if a cop goes bad and for whatever reason doesn't get what's coming to him on this earth, he sure will get it, and then some, when his time on earth expires.

As for our east side neighbors who were inconvenienced by our cattle, please accept our apologies.  Y'all really are the best neighbors! Like the police, you are patient and tolerant of the challenges associated with living near a working farm in the city.  You call, text, and come by the house to let us know when a cow is out, you slow down as you drive by the farm, and you smile and wave as my husband slows down the traffic on his tractor with his hay equipment. Strangers have become neighbors and neighbors have become friends. 

East side neighbors and police are the best!!!

 Mary Kelleher

True or False?

In recent discussions with Fort Worth city officials, city inspectors, and code compliance officers, the claim was made that average citizens are treated the same way big business, industry, and private developers are when it comes to having to follow the rules.

What do you think.....true or false?

I'd like to know about your personal experience with FW city officials, city inspectors, and code compliance. You don't have to give your name, just a brief description of why you had contact with the city official, city inspector, or code compliance officer and what the outcome was.  

For example:  When I was building my house, a city inspector required the stairs be torn out and re-done because they were 1/4" too steep.  Yes....this really happened!

Also, if you have any examples of big business, industry, and private developers not following rules and not having a consequence from the city, please share.

For example:  A private developer builds a concrete batch plant without any permits and when caught, claims ignorance.  The private developer is allowed to continue to operate his concrete batch plant while attempting to obtain the required permits.

I look forward to hearing your opinions and experiences and will blog the results.

Remember....if we lose the battle, it'll be because of the people who don't care enough to fight.

Mary Kelleher

Croc In The River

This is a screen shot of Panther Island Pavilion's FB page from June 3rd.

A woman asked if there were alligators in the Trinity River.

She received the above reply.  "No, not in the federal flood way which is where we tube."

Did anyone tell the alligators they're prohibited from federal flood way?

If so, a certain alligator has some explaining to do.  On June 26th, an alligator was sited near Fort Worth's Panther Island Pavilion, where the wild and crazy people go "Rockin the River".

Maybe the alligator mistakenly heard Croc in the river and wanted to make some new friends.

NBC 5 interviewed Matt Oliver, spokesman for the TRV Boondoggle. Matt tried to assure the public there was no need to worry and stated, "It's making its way up stream now, and it's kind of making its way where it can get back to where it belongs." Ok Matt, what do you mean by "kind of".  Is it gone or not?

Matt explained, "You know turtles are very docile, keep to themselves, but if you go around a turtle and you start messing with it, that's when it can be harmful.". "So it's kind of one of those things that if you see it you don't mess with it."  No "kind of" about it, definitely don't mess with it. 

If Matt's uncle was Troy from Swamp People, perhaps I'd have more confidence in what Matt had to say, but he's not. Matt's uncle is Jim Oliver, the general mis-manager of TRWD.  If you're asking yourself if that's nepotism, you're right, but until I came on board there was an exception clause in TRWD's Ethics Policy which allowed the general manager, assistant general manager, and Board to make exceptions to the Ethics Policy at any time. 

Too bad there's not an alligator wrangler in the Oliver family.


Mary Kelleher

Blame It On The TIF

Who is more important to the City of Fort Worth, citizens or private developers? 

And the answer is.....the private developer.....and it came straight from the mouth of a city staffer. 

At our neighborhood meeting the other night (see blog City of Fort Worth....You Have Failed The East Side), a neighbor asked if perhaps the City could finish one project before starting another.  Isn't this what our parents tried to instill in us as children? 

The city staffer's response was no. His reason?  He said developer Ken Newell was anxious to get his project started.  
You could hear the collective gasps of disbelief at what we had just heard and, in what's now considered true form for the formidable folks of the east side, a woman in the group sure did ask if the needs of the private developer were more important to the City than those of the citizens. No one from the City answered her question.  The non-response was our answer.  

Developer Ken Newell did respond. He told us the City would never have the money to make the necessary improvements in our area. (How did he know that?) Mr. Newell said he had been trying to get financing for the project for a long time and now he had it and was ready to proceed. He told us there was a public safety issue with Trinity Blvd and then repeated, right in front of FW Assistant City Manager Fernando Costa and Councilwoman Gyna Bivens, that the City of Fort Worth didn't have the money to take care of it. Neither seemed to take offense though. 

We're in pretty bad shape if the City knows an area is a public safety issue and doesn't have the money to keep their citizens safe!  

A handsome gentleman from Lakes of River Trails East then asked Mr. Newell who was going to pay him for doing the project and ventured a guess Mr. Newell wasn't going to do it for free. 

Mr. Newell explained that in 2011 he went to the City and reported our area's growth and tax revenues. Mr. Newell told the City he had a plan to improve our area.  He said he would do the project and front the cost, at his risk. Mr. Newell's cost? $10 million. 

Why would Mr. Newell take a $10 million risk?  He has 62 million reasons!

Mr. Newell's said his presentation to the City in 2011 resulted in the creation of a $62 million TIF.

What's a TIF?

TIF stands for Tax Increment Financing. It's a public financing method which uses the increase in property tax revenue that new development would cause to finance the costs of new development.  

Not much of a risk for Mr. Newell.....it's a pretty sweet deal for him and the City.  Not so much for us, we'll pay more property taxes in order to finance Mr. Newell's business.  

NOW, we know why the City of Fort Worth places the needs of the private developer above those of the citizens.....the money, of course!  

I don't really understand all the ins and outs of TIFs, but I know I'm not too thrilled about the one in our neighborhoods. I think our side of town definitely needs a sit-down restaurant or two, but other than that I think it's great just the way it is (once the roads and bridges and flooding are fixed that is).  I think most of us feel that way....that's why we bought our homes here.  

I'm attaching a link to this TIF 14: Trinity Lakes.  Please take a look at it so you know what Mr. Newell has planned for our neighborhoods.  Please note the general TIF description says nothing about all of the houses and duplexes Mr. Newell plans to develop off Precinct Line Rd.  

So, the next time you find yourself still sitting at the light after several cycles or trying to get out of your street onto the main road or creeping towards the 3-way stop on Randol Mill because there was an accident on 820 and everyone is using Randol Mill and Precinct Line as a cut-through, imagine what it will be like with even more houses and now duplexes in our neighborhoods.  

CITY OF FORT WORTH.....YOU HAVE FAILED THE EAST SIDE

Last night, I attended a meeting with some of our east side neighborhoods to discuss the many projects in their various stages in the Trinity Blvd, Precinct Line Rd, and Randol Mill Rd area. It's quite a mess over here.

District 5 City Councilwoman Gyna Bivens arranged the meeting at the request of neighborhood leader Bob Horton.

City Councilwoman Bivens is very responsive to the needs of her constituents and we really appreciate that!

The meeting was a little tense at times as it was very apparent our neighborhoods are frustrated with and disappointed in our City. 

These were some of the main points made by our neighborhoods last night.   

1.      CITY IS REACTIVE RATHER THAN PROACTIVE

2.   CITY DOES NOT PLAN WELL

3.   CITY'S DECISIONS PUT US IN DANGER 

The east side has flooded forever, it’s nothing new, it’s just worse now with all of the development and unpermitted construction in the flood plain and in the area in general. The City knows this, we have told them many times. But they choose to turn a blind eye and then act surprised every time the Bell Garden Apartments flood, or when motorists become stranded on Trinity Blvd, or when FWFD must perform a high water rescue in our area, or when a flooded motorist and her family get swept into flood waters and drown, or when the bridge on Trinity Blvd near Bell Helicopter collapsed, or when more property owners than ever report increased flood waters, or when the bridge at Trinity Blvd/Precinct Line Rd was closed due to flood damage.

The City’s latest reactive failure is the closure of the Trinity Blvd/Precinct Line Road bridge. The northbound side reportedly has “ bridge scour”.  Bridge Scour occurs when the foundation around a bridge’s piers erode due to swiftly moving water which compromises the integrity of the bridge.

After the recent May rains, engineers discovered our bridge had the scours and closed it. Not a big deal, you can take Norwood instead.  Well, no you can't, Norwood is closed too…..it’s under construction. The re-route with no traffic takes at least 30 minutes.  At rush hour, you’re doomed!  Most of the people in our neighborhoods work so guess what time we usually hit the re-route?

The neighborhoods expressed concern.  In times of flood, this is often the only way out of our neighborhoods.

In the event of a medical emergency, this 30 minute re-route could be the difference between life and death!

At least they allowed us to vent, but ultimately, we left the meeting just as frustrated and disappointed as we were when we arrived.  No real answers, just lots of double-talk, dancing around issues, and excuses.

City of Fort Worth.....you have failed the east side!

You Make the Call...Cronyism or Not!

Today I attended the monthly TRWD Board meeting. Once again the board room was filled with TRWD administrators and lawyers, but I'm pleased to report I had 2 supporters present today.....Andra and my new friend DG.  Thank you so much for being there!

Agenda Item 7 was a $140,000 contract with Whitley Penn for internal auditing services. TRWD had been using the Weaver firm in Fort Worth for the last 8 years.

Now, Whitley Penn was the recommendation of the Finance Committee. Why the change? The name Whitley is familiar.....could the Whitley in the Whitley Penn be related to our Tarrant County Judge B. Glen Whitley? 

Well of course it is!

Tarrant County Judge Whitley was a very vocal supporter of then-incumbents Marty Leonard and Jim Lane.  He openly endorsed them while in his official capacity as Tarrant County Judge.

One month later, his firm received the TRWD contract.

Merriam Webster defines cronyism as "the unfair practice by a powerful person (such as a politician) of giving jobs and other favors to friends."

In my opinion, awarding this contract to Whitley Penn screams conflict of interest and is a perfect example of the cronyism media and the public criticize TRWD for.  

Well, I shared this opinion with my colleagues and just received a blank stare. They really don't think this is inappropriate.  Could this be the work of Fort Worth Way brainwashing?!

General (Mis)Manager Jim Oliver lost his cool a little though and blurted out something to the effect of my having received campaign contributions from Monty Bennett to which I responded at least I don't give Monty Bennett TRWD contracts.

I want to know what you think. Do I just have an over-developed sense of ethics or is this an example of cronyism?

It's a pleasure to serve you!

Mary Kelleher