Light Rail, Heavy Burden

By Alex Wukman

The ballroom at the Greenway Holiday Inn is packed with engineers, business owners and community members. The occasion? An “Open House”. The board of Greater Houston's Metropolitan Transit Authority has just released the Draft Environmental Impact Statement (DEIS) for it's controversial University Corridor light-rail project, and it's time to start selling it to the public. The DEIS is a federally required survey of the effect the construction of light rail will have on Richmond and the surrounding area. Weighing in at over 300 very dense pages, hardly anyone is actually going to read the thing....a fact that Metro is counting on.

The crowd here, in contrast to the early and contentious public meetings, is pretty solidly pro-rail. Two middle aged men in suits flip through the DEIS. Nearby, a couple of Galleria area business owners trace their fingers over a table long map showing proposed light rail routes. An elderly man who identifies himself as a Memorial area home owner studies the poster size charts showing the summaries of which properties might need to be acquired for right of way when an engineer from Turner, Collie and Braden walks up and asks if he needs any help.

The din of conversation is all about how the construction of light rail will benefit the surrounding area and how light rail needs to go on Richmond, because that’s where people want to go... until Daphne Scarbrough walks through the door sporting red cowboy boots, tan pants and an armful of anti rail on Richmond flyers. She starts explaining that the anti-rail groups weren’t allowed to put up any signs in front of the hotel. As word spreads throughout the room that she’s here the conversation around the room changes to whispers and the glances become side-long as people find out. “That's right....that lady over there--she’s the one suing Metro.”

* * *

“We’re suing Metro because they violated a contract with the voters by moving the line off Westpark where the 2003 referendum said it was going to go,” Daphne explains a few days later at her shop, The Brass Maiden, which has been designated a Backyard Wildlife Habitat by the National Wildlife Federation. She mutes the Gene Autry western on TV, opens the door on the cast iron stove to check the biscuits she’s baking and sits down at her kitchen table to talk about the University Corridor DEIS.

“We turned in almost 5,000 letters disagreeing with the project, and only one was mentioned in the statement,” she says as she takes a sip from her glass of water, “it reads like there was only one person who had problems with the fact that voters approved Metro constructing light rail on Westpark, not BRT on Richmond.”

BRT is Bus Rapid Transit, which can be described as buses running in a walled off lane along Richmond. Metro believes that a small-print disclaimer in the ballot language provides the flexibility for moving the line off Westpark and changing it from light rail to BRT. The paragraph reads “Note: Final Scope, length of rail segments or lines and other details, together with implementation schedule, will be based upon demand and completion of the project development process, including community input.”

No one at Metro was available to explain how where a train goes and whether or not it actually is a train qualify as “details”. However, the Houston Chronicle reported in 2005 that “Metro President and CEO Frank Wilson said the route can not run solely on Westpark, an area he described as a “desert.” The Chronicle then went on to state that “Wilson also told residents Metro could put a station in their neighborhood [Afton Oaks]…and buy any homes that have to be razed or lose access to Richmond because of the rails.”

Metro has since decided to avoid putting the line through Afton Oaks altogether and has switched back to light rail from BRT. On October 18th, the Metro Board of directors formalized what has for some time been a foregone conclusion: the University Line will run on Richmond Avenue from Wheeler Station to Greenway Plaza. This segment of the corridor will include seven proposed stations, each of which will grant Metro the right of eminent domain for 1,500 feet around that station.

This “right” is the consequence of state legislation passed in the early 1970s that specifically targets rail stations built by municipal transit authorities and gives Metro the legal authority to condemn anything for approximately 4.5 city blocks around any of it's rail stations. This means that 50 percent of downtown property can, in theory, be seized by Metro any time it wants. Multiple Metro employees have gone on record saying that they take their power of eminent domain very seriously and they have repeatedly stated that it won’t be used carelessly. Case in point: a February 2007 board meeting where Metro Spokeswoman Sandra Salazar assured reporters that properties acquired for what were then going to be BRT lines would be for “transit use only” and that they would be “friendly acquisitions.”

In contrast to this community-oriented official stance are numerous rumored and substantiated instances of intimidation by Metro. In one instance Metro agents were rumored to have approached tenants at an apartment complex on Wheeler and told them that if they break their lease and move to another apartment in a different area of town Metro will pay their rent for three years. Unfortunately no one at Metro would corroborate this and no one in the community would talk out of fear of reprisal.

A better-documented instance of Metro intimidation can be found in the case of one Sam Akers. Mr. Akers is the proprietor of ametal finishing business on Richmond Avenue who spoke out against Metro's plans for the University Line at a meeting sponsored by city councilor Anne Clutterbuck. “Shortly after I spoke at Anne Clutterbuck’s meeting, city inspectors showed up at my shop checking for occupancy permits. I felt that it as an extreme coincidence they came right then.”

Mr. Akers has operated his business on Richmond Avenue for 28 years. Metro's current plans will result in the seizure of three-quarters of his parking lot and essentially make his property commercially unusable.

He shows the painted stripes in front of his door, “All this is what Metro will need for easement.” He walks back inside and explains that “the City of Houston City Council is rewriting the Setback Ordinance for Metro.” The setback ordinance defines the distance a building can be set back from the street. Mr. Akers then explains that “Under the current setback ordinance if Metro took that much of my property they would have to pay for the whole property because I couldn’t use what’s left. Under the new ordinance they would only have to pay for what they take, even though I won’t have any parking when they done.”

Metro’s real estate desires frighten residents and business owners along the University line more than anything else, and they should. In 2004 Metro hired Todd Mason, a real estate consultant, to put together possible real estate deals. Since his hiring, Metro has partnered on a few real estate deals including a shopping center on U.S. 290 and a mixed use development in the Medical Center. It is also rumored that Metro has their eye on the Audi dealership at the corner of Kirby and Richmond, because of the parking garage.

As much interest as Metro has in real estate they don’t seem to have any desire to know about what’s inside, outside or under the buildings. Chapter 4 of the University Corridor DEIS is entitled “Environmental Effect”-- yet it contains not one data point on buildings that will be affected by construction that contain asbestos. Possibly there are none.....but it seems unlikely, given the number of aging commercial structures along the route.

There is, however, data on the amount of hazardous and regulated material sites that will be affected by the construction. The picture it paints is more than a little disturbing: in the five miles between Hillcroft and the University of Houston there are 540 different Hazmat sites that Metro’s construction will possibly affect.

Those sites range from gas stations with leaky petroleum storage tanks to landfills to at least one “Brownfield”— the EPA's term for former industrial sites that can't be used for anything. Except for legally-mandated mentions in the DEIS, Metro has been reluctant to these hazardous material sites under wraps-- even in discussions with property owners who live and work near them.

“I had no idea about those sites,” claims Robert McClain, founder and director of the McClain Gallery, “which drives home the whole fact that everyone has underestimated the negative impact this will have on the community and that Metro has engaged in a stealth campaign to keep people uninformed.” Mr. McClain’s is obviously worn out from last night’s opening when interviewed early one Saturday afternoon. He’s sitting across the street from his Richmond Avenue gallery, which was designed by award winning architect Marshall Reid and brings internationally recognized artists to the city of Houston-- most recently Alejandro Garmendia, a Basque artist whose work has been described as having the effect of looking at the first stage of a crisis.

“Due to Metro’s deficit they are cutting bus service to areas that need it. In fact, the original understanding was that this train was going to go to the East End to serve the Hispanic community and to the North Side to serve the African American community. But the developers don’t want it to go there, they want to go where the affluent live the west and the southwest.”

The reality of bus routes being cut hits hard in Third Ward where there aren’t too many people with a car. In January of this year Metro devastated the residents of the Cuney Homes public housing complex by cutting the 68 line. This forced many elderly riders to have to make two if not three transfers to get to their doctor appointments at the Medical Center, before all they used to do was hop on the 68 and go straight there.

“Metro is always making adjustments to the schedule or the routes in order to force people to ride the light rail,” Eddy Moreno a resident of the near north side said via e-mail. Metro said routes are cut because of cost and rescheduled to provide better service; they also said the same thing about three lines they cut in 2004.

When Metro cut the 55, 284 and 210 line they claimed they were too expensive to operate. Riders of the 55 line felt that Metro hadn’t given it a chance; the route had only been operational six months before it got the ax. Metro’s response was that it was the third highest subsidized line in the city. According to Metro’s own figures, the 55 required $22.55 taxpayer subsidy per passenger per day and it had 541 daily boardings. Conversely the 284 had 236 daily boardings and required $18.03 per passenger per day and the 210 had 238 boardings and required $14.77 per passenger per day.

How Metro defines a “boarding” is an interesting enough process in and of itself. The simple idea is that when a person gets on a bus or train that is a “boarding”. If you have to transfer, that is another boarding. This is what makes things difficult; even if the trip takes longer and is less convenient, it is counted as “increased” service.

Self described “transit wonk” Barry Klein sees things differently. “Metro’s losing $1 million a day due to forced transfers,” Mr. Klein says sitting in the cluttered office of his north side home. A home that is filled with the remnants of 25 years of municipal activism, he coughs a little and continues. “Metro’s market share is down 3 percent since the start of light rail,” he says. “They picked up some ridership briefly due to the Katrina refugees but overall it’s been down for the last three years. Metro keeps wanting more money because people confuse rail with transit.”

Mr. Klein reaches into a box and pulls out a copy of a heavily Xeroxed flyer that shows Metro’s condemnation zone for the area. “My house is right in the middle of the Inter-Modal Terminal,” he says, referring to a massive facility planned for Houston's Near North Side. “None of the people who live here want it; it’ll destroy the neighborhood.”

Miles to the south, on the other side of downtown, this sentiment is echoed by residents of Houston's Third Ward. The University Line does not ends at Wheeler Station. It continues onward along Wheeler Avenue toward University of Houston, thus earning its name.

Particularly concerned is Lizette Cobb. Ms. Cobb is a portrait of old third ward. She’s a third generation Houstonian who has lived her whole life in the same house. Before she was born it was her grandfather’s house, then it was her father’s and now it’s hers. Understandably she doesn’t want to leave. Especially since her father was Arnette Cobb, a jazz tenor saxophonist who was Houston jazz royalty.

“This is a family heirloom we’re talking about,” she says sitting in her neighbor James Chastanet’s living room, “how do you put a dollar sign on that?” It’s a fair question considering that 1950s and 60s soul and R&B singer Jackie Wilson gave Ms. Cobb her first swing set. Or that Miles Davis, Dizzy Gillespie and Redd Foxx all hung out at her dad’s house.

“Increased property value only works if you are selling, otherwise it’s just a tax,” Mr. Chastanet says, “and we don’t want to sell.” Ms. Cobb goes on to explain that she has already seen her family’s property become a victim of development once.

“You know that song Take Paradise and make it into a parking lot,” Ms. Cobb asks, “well that was about The Ebony Café which was my dad’s club. And they bulldozed it.” She stops and thinks for a moment and then says, “I guess it’s kind of ironic. My dad started the Texas Jazz Archives in 1986. He gave the city some of his records, photos and oral histories for the sesquicentennial and twenty years later the city wants to tear down his house.”

Ms. Cobb has to hold back a tear as she says, “This is…is government dollars. Money from the people they are talking about here. What are they going to use it for?”

* * *

According to Metro’s website they are using at least part of the money for IPOD downloads and coffee service. Study of Metro’s procurement contracts reveal that this past June, six months after they cut the 68 bus line through third ward because it was too costly, Metro spent $60,000 to convert the entire system map for an IPOD download. We were unable to reach anyone at Metro before press time to discuss what percentage of Metro riders own or regularly use an IPOD. Further study of the procurement contracts revealed that in August Metro spent $96, 677.40 on “coffee services.” Again we could not reach anyone at Metro to determine just how much coffee Metro purchased and why coffee and IPOD downloads were greater necessities than bus routes from the projects to the Med Center.

Perhaps the strangest line item on Metro's budget occurred in March of this year. Metro spent $448,344 for “bus shelter cleaning in downtown”. What is truly surprising about this contract, aside from the astronomically high amount of money spent on cleaning bus shelters in a very small area, is who the money was paid to.

$136, 305.00 of the expenditure went to a company called “BJ’s Enterprise”, located in Webster, Texas. Several attempts were made to contact anyone from BJ’s Enterprise to discuss the terms of the contract; however the company is not listed in the city of Webster phone book or any phone book in the Houston-Galveston area. They have no website, their only address is a post office box and all mail sent was returned.

The remaining $312,039 of the cleaning bill was paid out to the Houston Downtown Management District. The Houston Downtown Management District, or HDMD, is a taxing entity whose services are, according to the their website, “financed by assessing all downtown property owners, based upon their value determined by the 2005 certified tax rolls of the Harris County Appraisal District, and by a rate determined annually by the Board.” Also on the HDMD website is a statement that their “primary focus is to leverage public funds with private resources to improve facilities and services.” Taken at face value, these statements would seem to indicate that Metro is paying out over $300,000 for services to an organization that is already collecting public money for performing the same services.

Perhaps the best explanation for why Metro would pay almost half a million dollars for the cleaning of bus shelters can be found on the boards of HDMD and Metro.

Burt Ballanfant, a Metro board member, works for Shell Oil as does Jeri A. Ballard, the Chair of Operations for Houston Downtown Management District. Another Houston Downtown Management District board member, George Gonzalez, works for Bracewell-Giuliani (yes, that Giuliani) which, in turn, is the law firm representing Metro in the suit brought against it by Daphne Scarbrough.

The Metro board is rife with real and apparent conflicts of interest. Metro Chairman David S. Wolff heavily contributed to Bill White’s first mayoral campaign and was thereafter appointed by the mayor to the Metro board. Another board member, Rafael Ortega, was a senior member of Turner, Collie and Braden, which was the engineering firm hired by Metro to conduct the study that produced the University Corridor Draft Environmental Impact Statement. Nothing about this sort of cronyism is particularly surprising to anyone who has watched Houston politics for any length of time. Things start to kick up a notch, though, when scrutiny passes from Metro's board to the senior management team—specifically, Metro CEO and President Frank Wilson.

A recent immigrant from the land of Tony Soprano, Frank Wilson was hired in 1996 by the New Jersey Department of Transportation, NJDOT, to create a public/private partnership, (something he specializes in) to finance the state of New Jersey’s E-Z Pass system. It was later revealed that Frank Wilson was receiving at the time job offers from some of the vendors who were involved in the bidding process.

Mr. Wilson resigned his position with NJDOT in November of 1996 to take a job with the design, technology and management firm Daniel, Mann, Johnson and Mendenhall, DMJM. DMJM is a member of the AECOM corporate family. So is the previously-mentioned engineering firm of Turner, Collie and Braden. Yet another AECOM company, Frederic R. Harris Inc., was part of the team that eventually won the New Jersey E-Z Pass contract.

In 1997 Mr. Wilson agreed to pay the State of New Jersey a $1,200 fine for possible violations of NJDOT’s ethics code and the state’s conflict of interest laws. An audit released that year indicated that one of the firms offering Mr. Wilson a job had received a consulting contract in violation of state purchasing rules, to the end result (as reported in the New York Times) of New Jersey taxpayers being overbilled by some $300,000-- if that figure sounds familiar, it should. It's about how much Metro is paying the Downtown Management District for apparently redundant cleaning services.

* * *