Edmund Haas, of the infrastructure consulting and engineering firm of Freese and Nichols Inc., presents information about the Capital Road Recovery Fee, a proposed one-time charge imposed on new development to fund capital improvements, including new roads or widenings necessitated by the new development. Natalie Lapsley/THE RIDER PHOTOS
The Brownsville City Commission discussed on Tuesday the proposed Roadway Capital Recovery Fee, the BPUB Drought Update and authorized legal action against Milwhite Inc., a minerals company, for alleged violations of municipal statutes governing health and safety and zoning.
During the Capital Recovery Fee presentation, Edmund Haas, of the infrastructure consulting and engineering firm of Freese and Nichols Inc., called the fee simply “another tool” to raise funds, pointing out that the fee falls under Transportation Impact Fees already implemented by the city.
Haas said monies collected by the fee in each district can only go to projects in those same districts.
He presented sample calculations of existing developments that include what the fee would have generated if collections were 10% and reached up to the 50% ceiling collection rate.
City Commissioner At-Large “B” Rose Gowen asked if the fee could go toward sidewalks and trails.
Haas said the fee goes to road sections that are part of the normal thoroughfare design standard. If sidewalks or a wider side path are part of the standard will be included but trails that branch away from the road will not.
“All new development is going to be assessed this fee,” he said. “The reality is any new development generates traffic that impacts, not only their local street, but a system of streets.”
City Manager Helen Ramirez said the city’s design is complete streets, which include wider sidewalks for bikes and pedestrians.
Haas highlighted a section in Texas Local Government Code Chapter 395.016, which states impact fees can be reduced or waived for any service unit that qualifies as affordable housing.
Christopher Nelson, the city’s bicycle and pedestrian planner, presented the proposed policy exemptions for affordable housing.
For rented affordable housing, monthly rent payments must be less than $1,154 for two people or less than $1,441 for a family of four.
Families purchasing affordable housing must earn a household income of $46,150 or less for two people or $57,650 for a family of four.
Nelson said there are two different ways to measure affordable housing: one based on the number of bedrooms and one based on income limits.
In other business, Rene Mariscal, division manager for Water Resources, Conservation and Compliance for the Brownsville Public Utilities Board, gave a drought update.
Currently, the city is in a Stage 2 drought and the forecast indicates a Stage 3 drought by the latter part of summer.
Current water restrictions allow car washing and lawn irrigation from midnight to 10 a.m. and from 7 p.m. to midnight on designated watering days based on the last digits of service address. Non-essential watering is prohibited.
Stage 3 water restrictions allow car washing and lawn irrigation once a week.
“The use of water from scenic and recreational ponds and lakes (resacas) and pumping water into them is prohibited,” according to the presentation.
Surcharges may be implemented in Stage 3.
Residential allocation is 10,000 gallons per month, and anything above would be an implemented surcharge of 1.5 times the current rate for water used, according to the graphic provided.
Non-residential allocation is 80% of monthly usage for the 12-month period ending prior to the date of implementation of Stage 3. The surcharge for anything above would be 1.25 times the current rate for water used.
District 4 City Commissioner Pedro E. Cardenas requested that BPUB share the amount of water car washes are using.
“If we’re going to put a surcharge on a family who uses more than 10,000 gallons, you know, I don’t know if there’s six people or eight people who are living in that house,” Cardenas said. “… We really have to be careful on how you enforce it.”
The motion to approve all consent agenda items passed unanimously, including the authorization for the Office of the City Attorney to take legal action against Milwhite Inc.
Residents of a local neighborhood located near MilWhite Inc., a mineral refinery located on South Padre Island Highway, have expressed concerns numerous times about pollution they say is coming from the facility, according to published reports.
Residents of neighborhoods near the mineral refinery have complained of “pervasive dust and constant loud noise” from Milwhite’s operations, according to the lawsuit filed by the City of Brownsville.
The lawsuit also states residents have further alleged the company’s practices have caused “declining health, illnesses, and discomfort and fear from the effects of being outside their homes.”
The Rider called Milwhite Inc. on Thursday but there was no answer.
