The future of Tomball’s much-contested day labor site is in jeopardy after the city council agreed to re-consider a longstanding agreement with the site’s landowners during a June 7 meeting.

The council was scheduled to vote on a proposed lease agreement with Frank and Russell DeNina for use of their 3.547 acres just east of the railroad tracks on Main Street that houses the city’s day labor site.

However, that plan has stalled after council members showed reluctance to enter into such agreement in the midst of a hotly-contested illegal immigrant debate.

In 2000, the City of Tomball entered into a five-year lease agreement with the DeNinas which included the construction by the City of the shelter, fencing, potable water, lighting and roadways.

The City of Tomball would pay only the ad valorem taxes on the property, which have totaled $19,722.35 over the past ten years, as well as any costs associated with maintaining the portable toilets at the site. Last year, the city paid $1,487.88 in taxes for the day labor facility.

In 2006, the City of Tomball renewed the contract only until October 2007. While the contract has not been renewed since, the city has still paid the taxes on the property.

That practice could be coming to an end.

“We need to step away from this,” council member David Quinn said.

Quinn explained that several years ago, members of the Tomball business community approached the city about issues they were having with day labor workers gathering along city streets and in parking lots looking for work.

“This was something the City of Tomball got going for businesses because day laborers were hanging out and the council decided to help them,” he added. “I’m not sure it’s a good idea anymore.”

Councilman Warren Driver said “this was implemented not for the benefit of the day laborers, but for the safety of our citizens. This was as good as we could do. If it were done away with, we could have the same situation as before.”

Councilman Mark Stoll agreed with Quinn and said he was concerned about Tomball becoming a “sanctuary city” for illegal immigrants. Stoll also explained he would not support city taxpayer money going toward funding a day labor site a year after the council voted not to give raises to city employees.

“I do not feel comfortable voting in favor of this,” he said.

The council agreed to table the agenda item and speak with members of the Tomball business community, specifically the Greater Tomball Area Chamber of Commerce, about the possibility of them funding the site and paying the taxes on it.

Chamber President Bruce Hillegeist said the issue “deserves discussion” and plans to meet with members of the city this week.

“This (opening of the day labor site) was really in response to a lot of day laborers really in front of City Hall, up 100 of them, which caused some shoppers to be a little nervous,” Hillegeist said.

He added that the Tomball Police Department, then under the direction of Paul Michna, along with a city staff headed by then-City Manager Warren Driver, “decided this might be best.”

“This was not really a Chamber initiative,” Hillegeist added.

The lease renewal was brought to the city by Russell DeNina, who said he realized earlier this month that the contract had expired and had hoped to continue the agreement.

“There’s never been one problem,” he said. “It’s been good for the city and all the business owners on Main Street.”

DeNina said he has had “not one problem” with the city and their agreement or the tenants at the day labor site. He also said late last week that he had yet to hear from the city regarding the status of the renewal.

The Tomball City Council is scheduled to meet next on June 21.

Pictured above, day laborers gather at a site just east of the railroad tracks in Tomball to wait for work. The Tomball City Council is considering backing out of paying taxes on the site.

Photo by Holly Dutton

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