Broken Promise: Garcia Trying to Divert $191 Million in Cedar Bayou Flood-Bond Funds

Precinct 2 Commissioner Adrian Garcia is trying to move $191 million designated for Cedar Bayou in the flood bond, but has not yet said where. Commissioners will vote on the measure Tuesday before they hold another special redistricting meeting on Thursday. My guess is that Garcia will try to move the money within the boundaries of a newly redrawn Precinct 2. That would give him a better chance at re-election.

After Hurricane Harvey, voters approved this flood-bond project list and budget overwhelmingly in 2018.

In 2019, a Flood Bond Prioritization Framework ensured projects in poor watersheds were completed before projects in more affluent ones.

But the County also promised that no flood-bond projects would be cancelled. Now that could change.

Earlier this year, the Northeast Action Coalition (NAC) demanded the cancellation of projects in affluent neighborhoods so money could be redeployed to their area. And Cedar Bayou could be the opening volley in that war.

Seven Items to Watch in Tuesday’s Commissioners Court

Precinct 2 Commissioner Adrian Garcia has posted seven items on next Tuesday’s Commissioners Court Agenda that could divert $191 million from the flood-prone Cedar Bayou watershed – just before Democrats will presumably attempt to hand the area off to Precinct 4 Commissioner Jack Cagle. But that’s not all.

Five of Tuesday’s agenda items call for approving preliminary engineering reviews (PERs) on Cedar Bayou before they take away construction funds. (See highlighted items 124, 125, 126, 127, and 128.)

Two subsequent items on the agenda call for diverting money needed to fund construction of the recommendations of those five studies. (See 136 and 323.) #136 calls for discussion of the diversion; the second calls for a vote on it. They added #323 to the “Emergency” agenda at 6 PM Friday. It contains no backup explanation as to where the money is going.

“A $191 million diversion that ignores the will of the people is much worse than Mayor Turner ignoring a $15 million staff recommendation.”

Bob Rehak

Likely Tied to Ellis’ Redistricting Recommendation

This likely ties in to the proposed Democratic redistricting plan proposed last Thursday by Rodney Ellis. Ellis’ plan calls for putting the Cedar Bayou watershed in Republican Jack Cagle’s precinct. So Garcia would no longer have responsibility for Cedar Bayou when it comes time to construct the recommendations. Yet Garcia could spend the money now within the boundaries of a newly redrawn Precinct 2 which would help his re-election chances.

Garcia’s seat was widely regarded as the most vulnerable on Commissioners Court. Losing it could cost Democrats a majority and they are loathe to let that happen.

Political Payback?

Why even conduct the preliminary engineering studies if there would not be enough money to implement the recommendations? It could have to do with political payback.

Campaign finance reports show that the principals of one recommended company (Item 124), Binkley and Barfield, Inc., donated tens of thousands of dollars to Garcia.

• Barfield $3,400 on 5/25/2021
• Binkley $3,300 on 5/25/2021
• Barfield $10,000 on 1/28/2019
• Binkley $10,000 on 1/28/2019

That totals $26,700 dollars – long after one election and even long before another. Very curious timing.

I am not implying that Binkley and Barfield are not qualified. I’m not implying they “bought” the job. And I’m not implying that there is any direct connection between their donations and a contract recommendation. I have no proof that any promises were made between Binkley, Barfield and Garcia. However…

It’s strange that a Commissioner would recommend supporters to conduct studies that will likely will never be acted on.

Former county employees tell me that commissioners typically get the final say on who will get contracts in their precincts.

HCFCD.org shows that such studies can easily result in million-dollar contracts. A quick search turned up six ranging from $650,000 to $1.2 million. (Note: some of that would have to go to subcontractors for things such as surveying and soil testing.)

Are Other Surprises Lurking in Finance Reports?

After the 2018 flood bond, Garcia’s finance reports show a marked increase in contributions from engineers doing business with the county. One even makes MONTHLY contributions.

I have not completed a full search of campaign contributions for the other engineering companies being recommended.

Because of the potential for embarrassing investigations, they often conceal such contributions through third-party political action committees or employees whose names don’t show appear on the letterhead. Documenting additional financial links, if there are any, will take time.

Separating Facts from Speculation

Most of what I’m talking about in this post is fact. But some thoughts admittedly cross the line to speculation.

Facts include:

• Political contributions made by at least one recommended engineering company.
• Five engineering companies are being recommended for PER contracts for Cedar Bayou.
• Garcia wants to remove $191 million in flood-bond funding allocated to the Cedar Bayou watershed.
• Rodney Ellis has recommended taking Cedar Bayou out of Garcia’s Precinct 2 and putting it in Cagle’s Precinct 4.
• If diversion and redistricting are successful, not enough money will remain in the Cedar Bayou budget to implement recommendations of the studies.
• The $5 million cost of the wasted studies could easily repair a drainage ditch somewhere.
• The Cedar Bayou watershed is largely rural now, but will develop rapidly as construction of the Grand Parkway moves south to I-10.
• After the watershed develops, flood mitigation costs will escalate exponentially. We have seen this along Halls, Greens and Brays Bayous. Without buyouts, there simply isn’t enough room to implement flood mitigation projects.
• HCFCD’s Frontier Program can save flood-mitigation money long term by putting projects in optimal locations before land values skyrocket.

Speculation includes whether:

• Ellis’ redistricting plan presented last Thursday becomes official.
• An alternative redistricting plan, if adopted, would also shift responsibility for Cedar Bayou.
• Garcia can be re-elected if the present boundaries of his precinct remain intact.
• Democrats approve moving the money.
• Garcia will put all $191 million into new areas controlled by him.

One Pro Vs Multiple Cons

The wording of the motions shows how the three Democrats will justify transferring the money. They are saying it can help more people sooner in other locations. That could be true, but we can’t verify it.

What they aren’t telling you is:

• Where and how they plan to spend the money.
• Cedar Bayou will be left without money to implement the engineering studies’ recommendations.
• There’s very little unincorporated area in the new Precinct 2 recommended in the Ellis Plan. And the county’s primary mission is to help unincorporated areas. Cities are supposed to fund their own flood mitigation.
• Garcia will gain political favor during his re-election campaign if he can bring $191 million to the mayors within his newly redrawn precinct.
• Voters did not approve eliminating projects.

So much for transparency in county government!

The Big Lebowski

As the Big Lebowski said, “This is a very complicated case, Maude. You know, a lotta ins, lotta outs, lotta what-have-you’s.”

Only two things are certain.

First, the Democrats are breaking the social contract. They are going against the will of voters and breaking promises.

Second, if this all comes to pass, someone will have to tell angry Cedar Bayou residents what happened to their flood-bond allocation. And right now, that someone will likely be Jack Cagle or an HCFCD employee. Not Adrian Garcia.

Posted by Bob Rehak on 10/23/2021

1516 Days since Hurricane Harvey

The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.

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