BG Reads 10.3.2023

🗞️ BG Reads | News - October 3, 2023

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October 3, 2023

In today's BG Reads:

✅  Pilot program could make Austin zoning reviews more predictable

✅   Texas House Speaker Dade Phelan faces mounting pressure following Ken Paxton impeachment

✅  Rep. Matt Gaetz launches effort to oust House Speaker Kevin McCarthy  

Read on!

[AUSTIN METRO NEWS]

Pilot program could make zoning reviews more predictable, Austin staffers say (Austin Business Journal)

A pilot program intended to improve Austin's rezoning process is set to be considered by City Council

The six-month pilot program would extend deadlines for zoning and rezoning applications in addition to neighborhood plan applications with the intention of giving developers and landowners more time to refine their requests and avoid potentially missing a deadline that would require them to start the process from the beginning.

For example, land use cases will be extended from a 60-day consideration period to 120 days while whole neighborhood plan amendments will increase from 90 days to 120.

Jordan Feldman, a principal planner with the city, said the proposed changes would decrease the need for staff postponements, providing more predictability for applicants, commissions, Council members and community stakeholders.

After gaining the unanimous endorsement of the Planning Commission on Sept. 26, the proposal is expected to go before Council during its Oct. 19 meeting.

If approved by Council, the program will join the city’s ongoing effort to improve its land use process including an overhaul of site plan review(LINK TO FULL STORY)

City plans to remove Barton Springs tree ‘Flo’ this week (Austin Monitor)

The city’s Parks and Recreation Department announced on Monday morning that they would be removing Flo, the nearly 100-year-old pecan tree that leans over Barton Springs Pool, before the pool opens on Thursday. In addition, the department invited members of the public to celebrate Flo’s life at 6:30 p.m. Wednesday at the pool.

The fate of Flo has been a subject of controversy for several weeks since the department discovered the tree has brittle cinder fungus, which has no cure. Four arborists the city consulted said the tree’s risk rating was extreme or high, according to the parks department… (LINK TO FULL STORY)

[AUSTIN METRO NEWS]

Pilot program could make zoning reviews more predictable, Austin staffers say (Austin Business Journal)

A pilot program intended to improve Austin's rezoning process is set to be considered by City Council

The six-month pilot program would extend deadlines for zoning and rezoning applications in addition to neighborhood plan applications with the intention of giving developers and landowners more time to refine their requests and avoid potentially missing a deadline that would require them to start the process from the beginning.

For example, land use cases will be extended from a 60-day consideration period to 120 days while whole neighborhood plan amendments will increase from 90 days to 120.

Jordan Feldman, a principal planner with the city, said the proposed changes would decrease the need for staff postponements, providing more predictability for applicants, commissions, Council members and community stakeholders.

After gaining the unanimous endorsement of the Planning Commission on Sept. 26, the proposal is expected to go before Council during its Oct. 19 meeting.

If approved by Council, the program will join the city’s ongoing effort to improve its land use process including an overhaul of site plan review(LINK TO FULL STORY)

City plans to remove Barton Springs tree ‘Flo’ this week (Austin Monitor)

The city’s Parks and Recreation Department announced on Monday morning that they would be removing Flo, the nearly 100-year-old pecan tree that leans over Barton Springs Pool, before the pool opens on Thursday. In addition, the department invited members of the public to celebrate Flo’s life at 6:30 p.m. Wednesday at the pool.

The fate of Flo has been a subject of controversy for several weeks since the department discovered the tree has brittle cinder fungus, which has no cure. Four arborists the city consulted said the tree’s risk rating was extreme or high, according to the parks department… (LINK TO FULL STORY)

Cooler temperatures, rain expected to relieve Austin this week after a hot September (Austin American-Statesman)

The beginning of the week will start out with temperatures similar to what we've seen for most of September, with the weather service predicting dry conditions and highs in the 90s. That should start to change sometime on Wednesday, likely later in the day, as temperatures begin to drop and rain chances go up… (LINK TO FULL STORY)

[TEXAS NEWS]

Texas House Speaker Dade Phelan faces mounting pressure following Ken Paxton impeachment (Dallas Morning News)

The pressure on Texas House Speaker Dade Phelan is only increasing since the impeachment trial of the state’s attorney general. Ken Paxton, who was acquitted on impeachment articles alleging wrongdoing by the Texas Senate, is calling for Phelan to step down from his job following what he has called a “sham impeachment” and the death of multiple bills favored by conservatives during the regular session.

Joining in the call for Phelan’s resignation is former President Donald Trump, multiple far-right lawmakers within the House and state GOP leadership. Phelan, R-Beaumont, has often been accused by more far-right members of not being conservative enough, leaving him as an odd man out among the among Texas’ “big three,” which also includes Lt. Gov. Dan Patrick and Gov. Greg Abbott. The upcoming special session — which starts Oct. 9 — on school choice and border issues is likely to put even more strain on Phelan’s credentials as speaker.

Harris County Judge Lina Hidalgo returns to work after extended medical leave for depression (Houston Chronicle)

Harris County Judge Lina Hidalgo is expected to return to work Monday after taking an extended leave of absence to receive mental health treatment. Hidalgo went public with her health issues on Aug. 7 when she announced she had checked into an in-patient facility in late July to be treated for clinical depression. She had been experiencing symptoms "for some time," but was not diagnosed until July, Hidalgo wrote in a letter. Hidalgo's office declined to say which facility she went to but said it was out of state. In the days before she went on leave, Hidalgo traveled to the White House with other Harris County officials to meet with the Biden administration about federal pandemic recovery funding and attended an unveiling ceremony for a mural in Midtown painted in her honor.

Hidalgo initially said she and her medical team hoped she would be back on the job by early September. However, on Sept. 14, she said she would be extending her leave of absence until Oct. 2. Precinct 1 Commissioner Rodney Ellis stepped in for Hidalgo by presiding over Harris County Commissioners Court meetings. Another of Hidalgo's responsibilities is leading emergency responses, but no major disasters struck the county during her roughly nine-week absence. The most consequential vote she missed came on Sept. 19 when commissioners passed a $2.4 billion budget and a slightly decreased tax rate for the upcoming year. The meeting was notably amiable, with commissioners from both parties praising the collaborative budget process. Only a simple majority of the five-member court is legally required to approve the budget. On Friday, five people filed a lawsuit with Harris County District Court to remove Hidalgo from office, claiming she is not able to do her work as Harris County judge because of health concerns. Brandon Marshall, Harris County Judge’s Office spokesperson, called the lawsuit "meritless and an absolute joke.”

Federal lawsuit challenges Houston program supporting minority-owned businesses (Houston Chronicle)

A lawsuit filed in federal court last week seeks to end a longstanding city of Houston program that supports minority-owned businesses, in a challenge that could have implications for similar programs across the state and country as affirmative action initiatives come under new scrutiny. The plaintiffs, Jerry and Theresa Thompson of Spring, are owners of Landscape Consultants of Texas and Metropolitan Landscape Management, two companies headquartered in Spring that derive the bulk of their revenue from contracts with the city of Houston and other governmental entities.

Because the Thompsons are white, neither business qualifies for city certification as a Minority Business Enterprise, according to the suit, which was filed on behalf of the companies by the Pacific Legal Foundation, a Sacramento, Calif., conservative nonprofit focused on economic freedom. The foundation is handling communications for the Thompsons.

As a result, the Thompsons "cannot compete on an equal footing with other businesses," the suit alleges. The city of Houston program, established in 1984, sets as a goal certain percentages of city contracts be awarded to certified small businesses and those owned by women and minorities. "The argument that we would make is that really, regardless of what study you have, this is just on its face a violation of equal protection rights," said Erin Wilcox, an attorney with the Pacific Legal Foundation based in Austin, who is taking the lead on this case. Beyond that, she said, the city has not released a study on disparities in city contracts since 2006, despite commissioning one in 2016.

“The City of Houston has a robust and well-recognized and acclaimed minority/women/small--business enterprise program," said City Attorney Arturo Michel. "It is a remedial program where the goal is to eliminate discrimination that remains in the industries with which the City contracts." Michel said the legality of the city’s program has been unsuccessfully challenged in the past and that it hired a consultant in March to provide current contract data for the program… (LINK TO FULL STORY)

[US/WORLD NEWS]

The Supreme Court's new term starts Monday. Here's what you need to know (Associated Press)

The Supreme Court seems a bit quieter than in recent years, as the justices begin a new term. Major cases await, as they always do, including several challenges to regulatory agencies and efforts to regulate social media platforms. But nothing yet seems on par with conservative-driven decisions overturning Roe v. Wade's right to an abortion and expanding gun rights in June 2022, then ending affirmative action in higher education and killing the Biden administration's student loan forgiveness plan last June.

That could change, especially if issues related to the prosecution of former President Donald Trump or efforts to keep him off the ballot in some states reach the justices. Ethical issues also are hovering over the court, with the possibility that the justices could adopt a first-ever code of conduct. But it's unclear when that might happen. Some things to know about the Supreme Court’s new term… (LINK TO FULL STORY)

Rep. Matt Gaetz launches effort to oust House Speaker Kevin McCarthy (NPR)

Rep. Matt Gaetz, R-Fla., on Monday started the process for holding a vote to remove Kevin McCarthy as House speaker.

Gaetz went to the House floor after regular votes were complete for the night and formally introduced a "motion to vacate," the procedural first step in forcing a vote on McCarthy's future.

Afterwards he told reporters in the Capitol that he believes he has the votes to remove McCarthy, a statement that will be put to the test in the coming days. Gaetz also said the decision was based on what he views as McCarthy's refusal to adhere to concessions made to hardline members in order to win their votes to elect him speaker at the start of the year… (LINK TO FULL STORY)

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