Bentsen & Coast Guard have plan to protect I-10 bridge in floods

    Bentsen & Coast Guard have plan to protect I-10 bridge in floods

    Highlands Crosby Star Courier
    June 3, 1999.

    HIGHLANDS --- At the request of Rep. Ken Bentsen (D-25) and mayor Pete Alfaro of Baytown, the U.S. Coast guard has developed at the High-Water Crisis Action Plan, which sets waterway flow rate standards for restricting traffic on the Houston Ship Channel to protect wayward ship traffic form striking the Interstate 10 Bridge.
             On October 19, 1998, a loaded barge collided with the I-10 bridge while transiting down the San Jacinto River. Although no pollution resulted, a bridge piling sustained extensive damage and the bridge was closed to vehicular traffic. As a result of the collision, one side of the bridge was closed to traffic and Baytown and Highlands residents were prevented from traveling to Houston in a timely manner. At the time, water levels and currents on the San Jacinto River were above normal operating parameters. This watershed is prone to flooding during heavy rainfall. At the request of mayor Pete Alfaro, Bentsen convened a meeting with the U.S. Coast Guard to identify ways to prevent future incidents.
            The High-Water Crisis Action Plan includes three phases -- the watch, action and recovery phases. With advancing technology from the Texas Department of Transportation, the Coast Guard will monitor flow rates on the San Jacinto and its tributaries. After exchanging and analyzing information with the U.S. Geological Survey. Harris County Office of Emergency Management and other agencies, the U.S. Coast Guard will actively control barge traffic and assess the impacted areas with Coast Guard airplanes.
            This is an excellent example of federal and local coordination and cooperation," said Bentsen. "I am terribly concerned that repeated closures of the I-10 bridge result in terrible traffic jams. It's time we took action to prevent this from starting in the first place."



    Whites Lake Estates invites community to grand opening.

    Highlands Crosby Star Courier
    March 3, 1999

    HIGHLANDS -- White's Lake Estates, a new gated residential subdivision in Highlands, is having a grand opening on Saturday and Sunday, March 27 and 28 from 10 a.m. to 6 p.m. each day.
            The property is located just south of the Saint Jude Catholic Church on the west side of main street.
            According to the Manager of the development, Brad Hill of BD Realty, the development will consist of 28 heavily wooded residential lots ranging in size from a half to one acre. The property will have great views of White's Lake, limited access gates at both entrances, distinctive fencing along Main Street, private streets, a private boat ramp for the exclusive use of the property owners ad will contain only deed restricted site built homes. The lots are located in Deer Park ISD and are served with public water and sewer from WCID #1
            There is no time limit on when lot purchasers must construct their homes, so they can purchase a lot now and build whenever they are ready.
            Dill stated that plans are being made to have hot dogs and refreshments at the grand opening for all who attend. Representatives of the owner and Hunting Custom Homes will be in site to help those interested parties looking to build a home or purchase a lot. Huntington is working with the owner to offer homes in the subdivision. Dill classified Huntington as a quality Houston area builder who puts good features into their homes with competitive pricing. Although Huntington does not currently build in the Highlands area, it's sister company, Hampton Homes, has been building quality homes in Woodforest, Sterling Green and Meadow Lake subdivisions for years. Buyers may use whatever builder they wish to construct their new home.
            For those purchasers interested in lot financing, representatives of Woodforest/Highland Bank will also be on hand to take credit applications.



    Rio Villa residents look at cheerful side of San Jacinto flooding

    Highlands Crosby Star Courier
    by Jimmy Lee London
    December 3, 1998

    RIO VILLA -- Bobby sue and Ken Garcia are cleaning up the mess the flood left in their home in Rio Villa. Local entertainers and auctioneers, they are known in our area for their support if local fundraisers and benefits. They did not have any structure damage to the house, but did lose their bulkhead and piers. When Bobby was asked if she was ready to move out she quickly responded, "Rio Villa, as Banana Bend, is a way of life, a lifestyle that we that we choose to pay the price of, in this case the price is the flood." she said. "Many of the River Ladies wear a gold tab signifying their ability to handle anything the river can throw at them, from crazy men to floods. Beware of the ladies of the gold tab."
            Ken had lived on the river for 25 years and says that if you can't stand the heat, get out of the kitchen. A veteran of many floods, he has no plans of leaving the river. When you hear many people talking negatively about county officials, he has nothing but praise for them. "I understand that Commissioner Fontenot was at the top of the dip during the flood, and representatives of his office were in the hood before the waters receded. In my opinion, he went above and beyond the call of duty when he contracted the work repair as quickly as he did. I don't know where he got that contractor; I've never seen dump trucks or heavy equipment move as fast as he gets them to. And for this, Commissioner Fontenot, we say thank you."
            An inconvenience now, by spring will be a mere memory. The flood, just an adventure similar to the Memorial Day Lake Charles Run.
            Bobby Sue is getting ready for a big New Year's Eve bash at Red's over on Woodforest.



    TxDOT seeks damages for I-10 bridge repairs

    The Baytown Sun
    by Jeff Riggs
    January 13, 1999

            Texas Department of Transportation Officials say Western Towing, the company whose vessel pushed a barge into a piling supporting the Interstate 10 Bridge over the San Jacinto River, may be held financially responsible for repairs to the bridge.
            Otto Maresh, TXDOT risk management specialist, says a letter from his agency has been sent to Western Towing.
            "We will be looking for them for restitution," Maresh said. "We are sending them a notice that once the work is completed, they will be sent an itemized list. At some point in time, if they don't respond, the matter will be sent to the Attorney General for collection.
            Maresh said the letter was dated Dec. $, 1998. No response has been received yet.
            Robert Goolsby, vice president and general manager for Western Towing, the owner of the vessel pushing the barge at the time of the incident, has no comment.
            "I am awaiting the report from the Coast Guard," he says. "Until then, I cannot comment on what happened."
            The project costs totaled $700,620.90 for structure repairs, traffic control and re-routing, as well as the initial emergency shore tower installed as a temporary support.
            At least one group believes there may be some question whether of not enough precautions are taken to ensure that bridge pillars are optimally protected.
            According to the chairman of the Houston-Galveston Navigational Safety Advisory Committee (HOGANSAC), Tim Leitzell, his group may form a committee at its next meeting to look into these concerns, that the TxDOT may not fully protect the support pillars on bridges over waterways that carry marine traffic.
            Member Ellyn Roof says HOGANSAC is a civilian committee appointed by the U.S Department of Transportation as an advisor to the U.S. Coast Guard on navigational safety. The group next meets on Jan 28 at 9 am at the office of the Houston Pilots Association, 8150 South Loop East.
            Roof said of special concern are bridge locations in the Kemah-Seabrook area and the Interstate 10 bridge over the San Jacinto River. Attention was drawn to the I-10 bridge after a barge hit pilings supporting the bridge Nov. 2



    TxDOT believes bridge piling guard standards appropriate

    The Baytown Sun
    by Jeff Riggs
    January 13, 1999

    TxDOT officials say that standards are high for devices which protect support pilings on bridges such as the one damaged by a barge Nov 2. The piling was situated under Interstate 10 as the highway crosses the San Jacinto River.
            Janelle Gbur, TxDOT public information officer, says the common device used as added support is a fender system.
            The system is an outer safeguard designed to protect the piling from the impact of the barge or other marine vessel.
            "For older marine bridges like that across the San Jacinto River, fender systems are common," she says. "For newer bridges such as the Fred Hartman Bridge, the island system is used instead. Any vessel could hit a dirt buildup instead of the piling." She says fender pilings prior to the collision have been used on the I-10 bridge over the San Jacinto River.
            Greg Ranst, TxDOT area engineer, says the fender system is "somewhat similar to a guard fence on a bridge."
            "Generally there are timber piles driven down in groups and fastened together," he says.
            Kenny Ozuna, bridge engineer for TxDOT, says the fender system currently used for pilings supporting the San Jacinto River Bridge consists of upright pipes about 14 inches in diameter, and filled with concrete. They are traversed by timber walers. Behind these pipes are the concrete support columns supporting the bridge.
            Ozuna said fender systems had been in place at the time of the barge incident at the I-10 bridge.
            "The barge hit well outside the Coast Guard's defined channel," Ozuna said, "Way outside."
            David Frank, a bridge management specialist for the US Coast Guard in New Orleans, agrees that the barge was beyond the limits of the navigational channel portion of the river when it struck the bridge.
            "They (the barge and it's personnel) were at least 75 feet outside the navigational channel," he said.
            Frank said the navigational channel in the area designated through which water is maintained for navigation by the Corps of Engineers. Boats deviating from these areas
    they are possibly at risk. There may be obstacles at the bottom of the waterway, or they may run aground.
            Franks said buoys mark hazards in non-navigational channel areas in some waterways, and in some, lights mark the boundaries, with a red light at the right boundary in a direction which would be "return from sea." A green light would be placed on the left.
            Lt. Commander Julie Gahn who serves as the Coast Guard investigating officer, said she cannot comment about the cause of the recent collision of a barge with a support column of the Interstate 10 bridge over the San Jacinto River, or what can be done in the future to prevent similar incidents. However she said the investigation should be concluded "within a couple of months."
            Williams Brothers, Inc made emergency repairs to the bridge over the San Jacinto River after a barge which went out of control on the flooded river, hit a piling. Greg Ranst says the column was replaced, with the work officially finished Thursday.
            "Lanes are open in both directions, just as they were before the construction began," Ranst said.



    6,000 Ship Channel Residents booted from quality of life suit 

    By Ron Nissimov
    Houston Chronicle
    August 3, 1999

    Almost 6,00 residents who live near the Houston Ship Channel have been dropped from a lawsuit that claims the quality of life has suffered because of the odors, noise and bright lights from petrochemical plants/ The ruling could indicate how judges will view eight similar suits alleging nuisance violations in which up to 90,000 plaintiffs are seeking as much as $1 billion. State District Judge Scott Brister said Friday he would dismiss as plaintiffs anyone who had lived in the area for more than two years before the suit was filed in May 1997. Brister is presiding over a suit with 6,000 plaintiffs that was the first of nine similar suits filed.

             The suits are broken up according to geographical areas around the Houston Ship Channel. Brister said the alleged nuisances are permanent rather than temporary, so residents only had two years after moving into their homes to sue because of the statute of limitation deadlines. The judge did not analyze the validity of the claims in his ruling. Brister has yet to file the formal order in the suit. 

            Plaintiffs attorney Tom Pearson said about 95 percent of the plaintiffs will not be eligible to sue under Brister's ruling. He said he will appeal the judges order and refile another lawsuit on behalf of the same plaintiffs because "they are experiencing new nuisances every day." Pearson, who is the plaintiffs attorney in all nine suits, said he is confident other judges presiding over the other suits will allow the plaintiffs to pursue their claims. He contends that it does not matter how long the plaintiffs have lived in the area because they have a new right to sue every time they suffer from the nuisances. 

            "Only Judge Brister could rule this way," Pearson said. Brister, a Harvard Law School graduate who serves as the administrative judge of Harris County's civil state district courts, is noted for his efficiency in running his courtroom. The Republican has announced his intention to seek the 1st Court of Appeals seat being vacated by Justice Michol O'Connor, a democrat. 

            Defence attorney Sam Stubbs disagreed that Brister's decision will shed no light on how other judges will rule. "Almost any other judge over there will agree with Brister's analysis," Stubbs said. "It was a thorough appellate analysis of nuisance law." Stubbs said Brister also ruled that the plaintiffs who will be allowed to remain in the suit must show they had no knowledge of the nuisances created by the chemical plants before moving into their homes. "It's hard for me to imagine anyone can move into that industrial part of town and not be aware of the odors and lights," Stubbs said. Stubbs, of the law firm of Fullbright & Jaworski, said he represents Crown Central Petroleum. 

            Dozens of other companies are named as defendants, including Shell, ARCO Chemical, DuPont and Mobil. Pearson has said his lawsuits are taking the novel approach of trying to hold manufacturers liable for nuisances that impact the quality of life. 

            Stubbs said Pearson is trying to get around a U.S. Supreme Court ruling from the mid 1990's that said expert testimony must have a scientific basis. He said that Pearson "knows good and well that the various smells don't hurt anybody" and that no expert would testify that the nuisances caused specific injuries or problems. He said that Pearson was hoping to intimidate companies to settle through enlisting huge numbers of plaintiffs. He said that Pearson is simply trying to get a cut of the payoff, which would typically be one third for the attorney.

             Pearson has said he has settled with three firms and also reached agreements with them on curbing pollution. The settlements are with the Simpson Paper Company, the former ISK Biotech (now GB BioSciences) and Reichhold Chemical. Although the settlements are confidential, Pearson said in June 1998 that the former ISK Biotech agreed to pay $1.5 million. Pearson said his clients have legitimate gripes about their quality of life that manufacturers refuse to address unless they face lawsuits. Stubbs said the odors and light problem has been significantly reduced in the area in the last few decades. 

            Pearson had asked Brister to stop the plants from operating because of the nuisances, even though they are not necessarily violating air emission guidelines. Brister declined the request, saying it would result in the loss of thousands of jobs and "the disappearance or sharp increase in price of materials and products relied on by millions of individuals in this nation and throughout the world."

    Lake Houston water lowest in 15 years 

    by Lewis Spearman 

    Crosby Highlands Star

    HUFFMAN-CROSBY -- Area residents say the level of Lake Houston is now lowest since the lake was drained for dam work nearly two decades ago. 

            Precinct 4 County workers said the water level appears to be lower than 8 feet in some places. 

            In contrast, the Lake Houston Lake Patrol says the lake appears to be down about 5 feet. As of Tuesday however, the level had risen 4 to 6 inches. The H.P.D. officers y they have issued precautions that the lake should be navigated at slow speeds. 

            Ruby Smith of Huffman says "If you ask me, this is the lowest it has been in at least 15 years. "

            City of Houston Water Department officials say, "Lake Houston exists solely as a water reservoir source for Houston."

            Houston reservoir operators say they "do not feel it incumbent on us to release water from Lake Conroe into Lake Houston. The surface water con be removed from Lake Conroe as easily. 

            City engineers say they expect more rain before the first of the year and any water released now would simply go over the uncontrolled spillway on Lake Houston after the rain.

            Local weather forecasters are unable to say as much at this time, rain reports show that the areas experienced a severe drought this year. Although rains in 1998 were unexceptional the reports indicate Highlands experienced 61.22 inches by November of that year against 37.39 inches thus far this year. 

            Another city official. Chuck Settles, points out that the city's largest supply source is lake Livingston, down some 2.5 to 3 feet. "It is unlikely that we will keep as much reserve as usual in Lake Houston for now."

            This years draught is being blamed for the low levels. The conditions are cited by Settles as "The weather patterns we have been having all over Texas bear a strong parallel to the extreme drought conditions experienced in years 1956 to 1957."

        State legislators recently passed a bill that would provide a North Harris County Regional Water Authority that would build a water system for distribution in northeastern Harris County.

        County Commissioners Steve Radack and Jerry Eversole, as well as County Judge Robert Eckels have proposed that the county be in control of such a system as not only would it cover a greater area but would provide some representation to the citizens of northeast Harris County as to the uses of the water being supplied. The bill must be approved by voters in January. Eckels said that the county could then issue bonds that might be paid by income from the water system to build surface water facilities.