BG Reads | News You Need to Know (December 10, 2021)
atx in front of Whole Foods N. Lamar (Austin, TX)
[BINGHAM GROUP]
The BG Podcast is back! EP. 148 features Jose "Chito" Vela III a candidate for Austin's Council District 4.
The immigration and defense attorney declared in early November, following Council Member Greg Casar announcing his candidacy for Congress (triggering an automatic resignation).
Bingham Group CEO A.J. and Associate Wendy Rodriguez discuss Chito's campaign and what he hopes to achieve if elected.
[MEETING/HEARINGS]
Actions taken by the City Council during its 12.9.21 Regular Session
NOTE: This was the final Regular Session of 2021.
[AUSTIN METRO NEWS]
Austin Water identifies primary cause for water outages in the city (KXAN)
Austin City Council approved a construction contract to replace water service lines at about 4,000 homes around Austin during its meeting Thursday. The service lines are located in more than 60 subdivisions and will improve reliability and resiliency for customers, Austin Water said.
Water service lines are smaller pipelines that connect from the water main, typically located in the street, to customers’ private plumbing lines.
In the late 1960s it was custom to use polybutylene and polyethylene, referred to as poly, for installing new water service lines. Over time, these plastic resin materials have turned brittle and become prone to breakage, especially in areas where water pressure is higher. This has resulted in water outages for customers that require emergency repairs.
“These subdivisions that are identified for this project are areas that have polybutylene and polyethylene, service lines and high water pressure,” Shay Ralls Roalson, assistant director for Engineering Services at Austin Water, explained. “Over the course of time, we’ve realized that its not a material that holds up well in areas that have high pressure.”
Since the 60s, Austin Water estimates about 25,000 poly water service lines were installed, and it has to date replaced more than 3,000 of these lines with stronger materials. A KXAN investigation in July of this year found Austin Water Utility pipes leaked more water in 2020 than in any of the previous 12 years — more than 7.34 billion gallons. At the time, Austin Water said those losses were within an acceptable range.
In 2022, a selected contractor will begin replacement work starting with areas with higher water pressure. According to Austin Water’s website, the city regulates systemwide pressure through water pressure zones. Water pressures within these zones vary depending on elevation or proximity to system facilities that affect water pressure such as pump stations and water tanks. Locations where pressures exceed 65 pounder per square inch are considered high water pressure zones… (LINK TO FULL STORY)
The real story behind Matt Mackowiak and Save Austin Now (Austin Monthly)
He and his team at the barely 2-year-old political action committee Save Austin Now watched, transfixed by the various flashing monitors, as the minutes ticked by and the results of that day’s special election began to trickle in. The city’s attempt to switch to a strong mayor -council fell by the wayside quickly in the evening, while a change in mayoral election dates got the nod later on. Mackowiak, however, only had eyes for one result: Proposition B. Commonly called the homeless ban, Prop B re-criminalized lying down on a public sidewalk and sleeping outdoors downtown and near the University of Texas, former offenses that had been allowed in the capital city since October 2019. Mackowiak, chair of Travis County GOP, and SAN had spent the last 22 months spearheading a seemingly foolhardy grassroots campaign to get the measure on the ballot.
As promising early exit numbers began to roll in, Mackowiak bragged, already claiming victory two-and-a-half hours before the measure was officially projected to pass. The results would put a tent-sized crack into Austin’s glittering liberal façade and validate the conservative operative like never before. “Honestly,” he reflects, months later, “I was just relieved that Austin was capable of being saved from the disastrous path it was on.”
Like many who didn’t fit in during their youth, Mackowiak found a community upon matriculation to UT. He joined a fraternity and was a member of the Texas Cowboys, the all-male spirit squad known for blasting Smokey the Cannon and taking part in scary hazing rituals. And it was there that he got involved in student government, running (“winning,” he stresses) campus campaigns as he studied political communications and government. “Eventually, I got appointed to the president’s student advisory committee,” says Mackowiak, “so I got to get to know our president towards the end of when I was there, Dr. Larry Faulkner, pretty closely.”
Whether because he couldn’t remember him or simply because he didn’t want the association, Faulkner declined to comment for this story. Exactly how close they became is unknown. Similar sentiments are echoed by that classmate whose early years crossed with the future GOP operative. “I have no idea who he was friends with,” he says. “I am hard-pressed to think of a single person that would call himself his friend.” An internship for a lobbyist during the 2003 legislative session led to a lucky interview, Mackowiak told Politico in 2019, and, soon enough, he was packing cardboard boxes for a move to D.C. the day after graduation… (LINK TO FULL STORY)
After long wait, Toomey Road rezoning wins initial approval (Austin Monitor)
At the urging of Council Member Ann Kitchen, City Council gave first reading approval for rezoning the apartment complex property at the corner of Toomey Road and Sterzing Street close to Zilker Park. Tenants of the complex, which will be demolished to make way for a new building, have reached an agreement with the property owner. Nevertheless, there was still some neighborhood opposition to the zoning change, which will allow for a 75-foot tower. Initially, developers had sought to build a 90-foot tower on the 0.9-acre property.
Although staff recommended Multifamily-Highest Density (MF-6) zoning, the Planning Commission was unable to reach a consensus and forwarded the case to Council without a recommendation. Between staff and neighborhood requests to postpone hearings on the case, it was postponed eight times before Council took action Thursday. However, organized tenants agreed not to oppose the rezoning in return for certain promises, including the right to return to the new project.
Kitchen made clear that, although she was supporting the zoning change on first reading, she would not support it on subsequent readings until the developer signed a restrictive covenant that includes reserving 15 percent of the rental units for families earning 80 percent or less of the median family income for 40 years. And 5 percent of any ownership units will be reserved for those earning 80 percent or less of MFI.
One important part of the agreement says the tenants will receive 180 days’ notice of demolition and will not pay any rent for 90 days prior to demolition. The developer, known as 1725 Toomey LLC, agreed to pay up to $2,000 for the first month’s rent for each tenant upon relocating, and $500 for moving expenses, as well as up to $250 in application fees.
Zoning manager Jerry Rusthoven explained that the developer also agreed to eliminate short-term rentals as a use in the building. He said he needed to talk to the city’s legal staff in order to put that into the ordinance. In addition, Kitchen said the developer has promised to create a vegetative buffer for public use along Toomey… (LINK TO FULL STORY)
Austin Board of Realtors CEO reflects on wild year for housing market, her organization (Austin Business Journal)
Earlier this week, Austin Board of Realtors President and CEO Emily Chenevert was named one of the region's top executive leaders at the 2021 Greater Austin Business Awards. The recognition came at the tail end of one of the wildest years in the history of the local housing market — one that saw prices in the metro rise by 25% from January to October, while housing stock remained a fraction of what’s necessary to sate demand.
ABOR, which owns and operates the Austin multiple listings service, has experienced its own significant growth in recent years. In January 2018, when Chenevert assumed her post, ABOR had 11,608 members and 13,788 MLS subscribers. Today, ABOR supports 16,133 members and 19,024 MLS subscribers, according to numbers provided by the organization.
Austin Business Journal spoke with Chenevert about lessons learned from 2021’s housing market and how Realtors can prepare for what many experts agree will be another banner year for the local housing market.
We’re coming to the end of a pretty wild year. What would you say have been some of the hardest things to deal with as a Realtor in Austin?
The thing that's most difficult, across the marketplace for consumers and agents, is our continued lack of housing capacity to meet the demand that just continues to grow. It's hard to put in multiple offers and still feel like you're not getting the house that you want.
I think we're going to continue to face that into next year while we're working hard to try to bring more capacity online. But that demand pipeline is just so intense and long. And I think that the signs economically point toward that continuing to be the case for Central Texas.
Is there anything Realtors can do to prepare for what’s in store in 2022?
I know that Realtors are working to grow their competency outside of traditional geographic boundaries.
We can look at something like this Samsung plant coming into Taylor. Realtors can grow an understanding of areas, like Taylor or the surrounding areas. That will be critical to support the new jobs that are coming to that area, to support the existing housing market there and to support the commercial needs that will come alongside as ancillary support to the factory.
One thing that's happening is people are opening up their understanding of what it means to be in Central Texas and growing their competency in all corners of the region.
What is ABOR excited about in 2022?
We think it's going to be a good year, but I think it’s important for ABOR as an association to prioritize supporting our agents’ needs as this market continues to drive so hard.
We need to be taking care of their wellness, taking care of them as people, expanding their network, so they can expand their competency in every corner of the region. That kind of programming is fun and different and something that we're having to drive hard on right now.
On the multiple listings service side, our greatest adventure is our new partnership in the acquisition of Remine, which is an MLS technology that helps make our market go round. We're really excited to be stepping into the tech community, which is a big part of Austin and not something that we've been deeply entrenched in before. We’re certainly excited about the strategic benefits that that will provide our agents and the consumers that they serve… (LINK TO FULL STORY)
To avoid state takeover, Austin ISD wants new leadership at Mendez Middle School (KUT)
The Austin Independent School District is looking for a new approach to help improve academics at Mendez Middle School in Southeast Austin.
For the last four years, AISD has utilized a state law that allows outside organizations to run a “failing” school to improve test scores. At Mendez, a partnership with the nonprofit Communities in School and the University of Texas at Tyler, called the T-STEM Coalition, has overseen the school.
But test scores have remained low in the three and a half years the school has been run by the T-STEM coalition. If Mendez doesn’t receive at least a “C” from the state by the 2022-2023 school year, there could be severe consequences.
The state could either close the school, or take over the school board, replacing elected officials with state-appointed members.
“I don’t want to get that close to that line,” Superintendent Stephanie Elizalde said at a school board meeting last week. “In other words, is it possible that Mendez could receive a ‘C’ or better by the 2022-2023 school year? It is possible. It’s also possible that they don’t get that, and we would be too late.”
So, AISD wants to find a new solution — and fast… (LINK TO FULL STORY)
[TEXAS NEWS]
Texas governor urges workers to report employers ‘illegally’ mandating vaccines for prosecution (Dallas Morning News)
Texas businesses received a letter from the Texas Workforce Commission on Wednesday reminding them of the governor’s executive order restricting their ability to mandate vaccines for workers. The letter also urges workers to report their employers to a newly created hotline and email address if they are subjected to a vaccine mandate at work that would violate the executive order. Verified tips will be passed along to “the appropriate authorities for prosecution,” the letter states. “Since day one, the state of Texas has taken a stand against the federal government’s unconstitutional COVID-19 vaccine mandates in the workplace, three of which have since been deemed illegal by federal courts,” Gov. Greg Abbott said in a statement. The governor’s order failed to be codified as law in the last legislative session, but the order is still in effect.
The order says no entity in Texas — including private employers — can compel any individual to take the COVID-19 vaccine if the person cites a medical, religious or any other personal reason for exemption. The order carries a $1,000 fine. “We have now created a hotline for employees to report illegal vaccine mandates in Texas. While I encourage Texans to get the COVID-19 vaccine, it will always be voluntary, and never forced, in Texas, and we are committed to ensuring Texans’ livelihoods are not jeopardized by federal overreach,” Abbott said. Abbott’s order was enacted in response to the Biden administration’s announcement of new rules mandating vaccines for federal employees and workers at private employers with more than 100 workers. The federal order would be enforced by OSHA and would allow employers who do not wish to mandate the vaccine to test employees regularly for COVID-19 instead… (LINK TO FULL STORY)
Some Texas religious leaders live in lavish, tax-free estates thanks to obscure law (Houston Chronicle)
This fall, county officials mailed out property tax bills to the owners of a 10-bedroom, 10.5-bath Houston-area mansion, an 8,000-square-foot residence in a historic San Antonio neighborhood, an elegant Highland Park estate in Dallas and a house on more than an acre overlooking Corpus Christi Bay. The homes are worth millions of dollars. In each case, their 2021 tax bill was identical: Zero. Most people know that religious organizations pay no property taxes on their houses of worship. Lesser known is that many also get a valuable break on residences for their clergy as well. The word “parsonage,” as these residences are called, conjures images of humble, spartan rooms attached to drafty churches. A few still are. Yet in many places across Texas, parsonages are extravagant estates nestled in the state’s most exclusive enclaves.
Like their wealthy neighbors, the clergy occupants enjoy spacious and well-appointed homes, immaculate grounds, tennis courts, swimming pools, decorative fountains and serene grottos. Unlike their neighbors, the parsonage owners pay nothing in taxes, leaving other Texans to backfill the uncollected revenue to cover the cost of schools, police and firefighters. State law allows religious organizations to claim tax-free clergy residences of up to 1 acre. Yet each of the state’s counties has its own appraiser responsible for overseeing local properties. So no one entity has examined how many parsonages there are in Texas, their value and their legality… (LINK TO FULL STORY)
Texas GOP U.S. Rep. Dan Crenshaw causes uproar after warning of "grifters," liars inside his party (Texas Tribune)
U.S. Rep. Dan Crenshaw, R-Houston, is facing an uproar from some in his party after warning about "grifters" and liars among fellow conservatives, including in the House Freedom Caucus.
Crenshaw, one of the most visible members of the Texas congressional delegation, sought Thursday to clarify his comments, which came at a Houston-area GOP gathering over the weekend.
“When I said grifters and liars, I wasn’t talking about the Freedom Caucus," Crenshaw told the GOP podcast "Ruthless." "I was talking about a general group of people that exists on our side."
The Freedom Caucus is a group of House conservatives who hold considerable sway within the GOP minority. It includes at least a few Republicans from Texas, like Rep. Louie Gohmert of Tyler, Ronny Jackson of Amarillo and Chip Roy of Austin.
Crenshaw made the original comments at an event Sunday in Cypress for the Texas Liberty Alliance PAC, and a clip of them went viral later after being tweeted by Ron Filipkowski, a Florida lawyer and former Republican. Crenshaw was introducing two congressional candidates he is supporting and sought to differentiate them from "performance artists" in Congress who he said say what conservative voters want to hear. He then sought to make the point by arguing that U.S. Rep. Adam Kinzinger of Illinois — a prominent GOP critic of former President Donald Trump — actually voted more in line with Trump's agenda during his first two years in office than did "everybody in the Freedom Caucus — all of them."
"We have grifters in our midst," Crenshaw said in the clip. "I mean in the conservative movement. Lie after lie after lie. Because they know something psychologically about the conservative heart. We’re worried about what people are gonna do to us, what they’re gonna infringe upon us.”… (LINK TO FULL STORY)
[NATIONAL NEWS]
New York City lawmakers pass bill letting some noncitizens vote (The Wall Street Journal)
New York City lawmakers approved a bill that will let more than 800,000 residents who aren’t U.S. citizens vote in municipal elections, becoming the largest city in the U.S. to grant access to the polls to noncitizens.
The Democratic-led City Council on Thursday voted 33-14 for the measure, which if enacted would take effect for council races in 2023. It has prompted legal questions as well as concerns from Republicans.
Mayor Bill de Blasio said he wouldn’t veto the legislation but didn’t commit to signing it before he leaves office at the end of this month. A bill becomes law if the mayor doesn’t sign or veto it within 30 days of passage.
New York City Councilman Ydanis Rodriguez, a Democrat from upper Manhattan who immigrated to the city from the Dominican Republic, said his personal history informed the legislation. He wondered why, as a teacher working with a green card, he would pay taxes but not be granted a say in municipal-spending decisions.
“I believe that my contributions were equal before and after I became a U.S. citizen,” he said.
The measure would let lawful permanent residents or those authorized to work in the U.S. to vote in city elections if they have lived in the five boroughs for 30 days or more and meet the other requirements for voting. It wouldn’t grant voting rights to immigrants who entered the country illegally… (LINK TO FULL STORY)
‘This call never happened’: Ex-D.C. Guard leaders push back as internal Army report on Jan. 6 emerges (Politico)
Two former top D.C. National Guard officials claim that an internal Army report on its response to the Jan. 6 insurrection at the Capitol is loaded with falsehoods.
The Army report, obtained by POLITICO, lays the foundation for the Pentagon’s defense against criticism that it took too long to approve the Guard’s response to the Capitol attack. The March 18 report says Guard members weren’t prepared to respond quickly to the riot and describes multiple communications between top Army officials and the D.C. Guard’s commander, then-Maj. Gen. William Walker.
But Walker, now sergeant at arms in the House, says some of those communications the Army describes in the report never actually happened. He and a former top lawyer for the D.C. Guard, Col. Earl Matthews, also say the Guard members were ready to be deployed to the Capitol.
“It’s whole fiction,” said Matthews, who has accused two Army generals of lying to Congress about their role in the Jan. 6 response. Matthews was on a call with leaders from the Capitol Police and the Army during the siege.
The Army report’s narrative is surfacing days after POLITICO first revealed a memo Matthews wrote pushing back against senior Army leaders’ version of the events of Jan. 6. The report and the subsequent pushback from Guard officials highlight the growing controversy about how exactly the military handled the attack on the Capitol… (LINK TO FULL STORY)