My weird nephew Izzy called me the other day. He was so excited, he could barely contain himself and probably didn’t. Thankfully, it wasn’t a video call.
Our family knows Izzy as the guy who’s ten cents short of a dime. Izzy graduated from college with the lowest possible grades you could get and still earn a bachelor’s degree. He managed to cram four years of college into seven years. Luckily, extracurricular activities helped land him a job as a bartender at the notorious Crystal Pistol.
Job Description and Benefits Have Izzy in Tizzy
I asked what had him so excited. His manager told him about a job listing for “Deputy County Administrator-Resilience and Infrastructure.”
Harris County from over I-10 looking west at downtown Houston and the I-69 split.
I quickly looked it up and couldn’t believe my eyes. It required only a bachelor’s degree and reportedly paid well into six figures. After ten years, Izzy is still trying to get into the two figure bracket.
Izzy has a hard time managing his bubble-gum budget. And the county job entails supervising the expenditure of billions of dollars. But Izzy swore he could do it. “Already got me a pocket calculator, Uncle Bob,” he said confidently.
“It’s good to think ahead, Izzy,” I said trying to encourage him, but not quite sure what to say. As I continued to browse through the job requirements…
Imagine my surprise when I learned that you did not need an engineering degree to supervise hundreds of engineers in the County Engineers Department, Flood Control District and Toll Road Authority.
Neither do you need any accounting experience to manage the $800 million per year that the Toll Road Authority brings in – or the $5 billion flood bond. But you do need to know how to operate a telephone. Seriously. That’s why Izzy figured he was a shoe-in.
Undaunted, Izzy pointed out that the job comes with a desk chair. Not to mention other benefits, including:
Dental
Vision
Life Insurance
Long-term disability
10 days of vacation each year for the first five (5) years of service
10 county holidays plus one (1) floating holiday
Dependent Care Reimbursement
Dependent care really rang his chimes. Even though Izzy is only 32, he pays child support for eight kids. But even with that, dependent care is not the biggest attraction for my nephew.
Izzy would get to ride Metro for free. That appealed because riding his bike to work has its drawbacks in August and September. He can only afford to wash his uniform once a week. No wonder the manager referred him to the County job!
The Resilient Izzy
But Izzy as usual saw the bright side. “Hey, it’s an online application. I won’t even have to buy deodorant.”
Reviewing more job requirements, I asked Izzy if he was certain he could solve “complex operational and structural challenges.”
“Damn straight,” he fired back. “I can pour drinks with both hands and feet tied behind my back without spilling a drop. Show me another bartender that can do that!” I wasn’t going to argue the point with Izzy. I figured, at a minimum, his attitude could teach Harris County a thing or two about resilience.
“But do you have the ability to ‘thrive in ambiguity,’ Izzy?”
“What’s ambiguity?”
“That’s where your boss doesn’t tell you what to do,” I said.
He exploded with enthusiasm. “Damn! This job was MADE for me,” he shouted!
Interfacing with Local Officials
“It also says here you’d have to interface with local officials.”
“Hell, I know half of ’em from down at the Crystal Pistol,” he said. “That’s where you really get things done. In the back room.”
Izzy had an answer for everything. I was beginning to think he just might have the right stuff for the job.
Undaunted, I pointed out that he needed five years of supervisory experience.
“I’ve been supervising the dancers at the club longer than that!” he said with a smile that I could hear over the phone. “What else? Give me something harder.”
“Says here you need five years of experience designing, managing, constructing or operating major infrastructure projects.”
Izzy Plugs His Infrastructure Experience
Izzy fell silent. After a long, thoughtful moment, he said, “Well, I spend half of each shift in the bathroom and the other half on the phone. So yeah, I got experience operating major infrastructure systems.”
At this point, Izzy had exhausted me. So I said “Go head. Send in your resume.”
I didn’t have the heart to tell Izzy that they likely already have someone specific in mind for the job. Why else would you write a job description that involves managing half the county and fits Nephew Izzy?
Posted by Bob Rehak on 9/1/2021
1464 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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2021/09/20210520-RJR_7183.jpg?fit=1200%2C800&ssl=18001200adminadmin2021-09-01 19:20:512021-09-01 23:50:08Nephew Izzy A Shoe-in for Deputy County Administrator Job
The month after Woodridge Village flooded Elm Grove Village and North Kingwood Forest for the first time in May, 2019, the TCEQ investigated construction practices there. In the ensuing months, six investigations found 13 violations on the Woodridge site.
Correctly identify receiving waters for the discharge
Implement and maintain effective best management practices.
On TCEQ Commissioners Docket for September 9
Item 29 on their docket reads:
No. 2019-1513-WQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Double Oak Construction, Inc. in Montgomery County; RN110478583; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60.
Water samples taken by the investigators showed that at the outfall:
Total Suspended Solids were 70 times higher compared to upstream
Total Dissolved Solids were almost 18 times higher.
Double Oak had been hired to clear and grub the site. That means removing trees and roots.
Unchecked erosion from site polluted water downstream with suspended solids 70 times higher than upstream.Abel Vera had to grab his car to avoid slipping in ankle-deep sediment on Village Springs. Vera lives next to Woodridge.
Definition of Agreed Order
This enforcement action by the TCEQ falls into a category called an “Agreed Order.” A website called USLegal.com defines an agreed order as: “An Agreed Order refers to a written agreement submitted by the parties to a case resolving the issues between them. Once the agreed order is approved by the court and entered in its minutes, it becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication.”
However, they add: “…until then, an ‘agreed order’ is no order at all, but merely an agreement of the parties. It has no significance … until a judicial … decision gives it significance.” TCEQ Commissioners will take that step on September 9.
Double Oak Penalties Unclear
Documents supplied in response to a FOIA request did not discuss what the penalties might entail for Double Oak. The company left the construction site long ago. It has since been sold to Harris County Flood Control and the City of Houston for a regional stormwater detention basin and sewage treatment plant. So it’s not as if Double Oak can make good by simply agreeing to clean up its act.
Typically, such cases involve a modest fine. The significance in this case: Double Oak apparently is admitting wrongdoing before a decision or settlement has been reached in hundreds of homeowner lawsuits downstream. More on those at a later date.
1463 Days after Hurricane Harvey and 712 Days since Imelda
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.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2019/05/ElmGroveFlood_15_01.jpg?fit=1500%2C1000&ssl=110001500adminadmin2021-08-31 19:24:382021-08-31 19:32:47TCEQ Commissioners to Consider Agreed Order With Double Oak Construction on Woodridge Village Enforcement Action
Judge Mays dismissed the case WITH PREJUDICE FOR WANT OF JURISDICTION.
Meaning of “With Prejudice” and “Want of Jurisdiction”
“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”
The massive floodgates on Lake Conroe (above) have 15X the release capacity of Lake Houston’s. The seasonal lake lowering program was conceived in part as a way to give Lake Houston more time to shed water in advance of major storms.
Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”
The ruling means that the SJRA’s Seasonal Lake Lowering Plan may remain in effect.
Purpose of Lake Lowering Plan
The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.
2800 Pages of Legal Briefs Come to a 102-Word End
The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.
Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:
Home values around Lake Conroe would plummet because of the plan. They increased.
The school district would run out of money. It didn’t.
Nature would not be able to recharge the lake after a lowering. It did. Repeatedly.
Lake Conroe was not conceived as a flood-control lake. Flood control is a key element of SJRA’s charter.
The lowering would not help protect people in the Lake Houston Area. It did.
The City of Houston committed fraud … by calling for the release of its own water.
In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.
“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”
Now a Meaningful Dialog Can Begin
I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.
Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.
Posted by Bob Rehak on 8/30/2021
1162 Days since Hurricane Harvey
00adminadmin2021-08-30 15:56:522021-08-30 15:59:58MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice
Nephew Izzy A Shoe-in for Deputy County Administrator Job
My weird nephew Izzy called me the other day. He was so excited, he could barely contain himself and probably didn’t. Thankfully, it wasn’t a video call.
Our family knows Izzy as the guy who’s ten cents short of a dime. Izzy graduated from college with the lowest possible grades you could get and still earn a bachelor’s degree. He managed to cram four years of college into seven years. Luckily, extracurricular activities helped land him a job as a bartender at the notorious Crystal Pistol.
Job Description and Benefits Have Izzy in Tizzy
I asked what had him so excited. His manager told him about a job listing for “Deputy County Administrator-Resilience and Infrastructure.”
I quickly looked it up and couldn’t believe my eyes. It required only a bachelor’s degree and reportedly paid well into six figures. After ten years, Izzy is still trying to get into the two figure bracket.
Izzy has a hard time managing his bubble-gum budget. And the county job entails supervising the expenditure of billions of dollars. But Izzy swore he could do it. “Already got me a pocket calculator, Uncle Bob,” he said confidently.
“It’s good to think ahead, Izzy,” I said trying to encourage him, but not quite sure what to say. As I continued to browse through the job requirements…
Neither do you need any accounting experience to manage the $800 million per year that the Toll Road Authority brings in – or the $5 billion flood bond. But you do need to know how to operate a telephone. Seriously. That’s why Izzy figured he was a shoe-in.
Undaunted, Izzy pointed out that the job comes with a desk chair. Not to mention other benefits, including:
Dependent care really rang his chimes. Even though Izzy is only 32, he pays child support for eight kids. But even with that, dependent care is not the biggest attraction for my nephew.
Izzy would get to ride Metro for free. That appealed because riding his bike to work has its drawbacks in August and September. He can only afford to wash his uniform once a week. No wonder the manager referred him to the County job!
The Resilient Izzy
But Izzy as usual saw the bright side. “Hey, it’s an online application. I won’t even have to buy deodorant.”
Reviewing more job requirements, I asked Izzy if he was certain he could solve “complex operational and structural challenges.”
“Damn straight,” he fired back. “I can pour drinks with both hands and feet tied behind my back without spilling a drop. Show me another bartender that can do that!” I wasn’t going to argue the point with Izzy. I figured, at a minimum, his attitude could teach Harris County a thing or two about resilience.
“But do you have the ability to ‘thrive in ambiguity,’ Izzy?”
“What’s ambiguity?”
“That’s where your boss doesn’t tell you what to do,” I said.
He exploded with enthusiasm. “Damn! This job was MADE for me,” he shouted!
Interfacing with Local Officials
“It also says here you’d have to interface with local officials.”
“Hell, I know half of ’em from down at the Crystal Pistol,” he said. “That’s where you really get things done. In the back room.”
Izzy had an answer for everything. I was beginning to think he just might have the right stuff for the job.
Undaunted, I pointed out that he needed five years of supervisory experience.
“I’ve been supervising the dancers at the club longer than that!” he said with a smile that I could hear over the phone. “What else? Give me something harder.”
“Says here you need five years of experience designing, managing, constructing or operating major infrastructure projects.”
Izzy Plugs His Infrastructure Experience
Izzy fell silent. After a long, thoughtful moment, he said, “Well, I spend half of each shift in the bathroom and the other half on the phone. So yeah, I got experience operating major infrastructure systems.”
At this point, Izzy had exhausted me. So I said “Go head. Send in your resume.”
“What’s a resume, Uncle Bob?”
It will be tough to beat Izzy’s qualifications for this job, but if you’re interested, hurry. Applications close September 6th.
I didn’t have the heart to tell Izzy that they likely already have someone specific in mind for the job. Why else would you write a job description that involves managing half the county and fits Nephew Izzy?
Posted by Bob Rehak on 9/1/2021
1464 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.
TCEQ Commissioners to Consider Agreed Order With Double Oak Construction on Woodridge Village Enforcement Action
The month after Woodridge Village flooded Elm Grove Village and North Kingwood Forest for the first time in May, 2019, the TCEQ investigated construction practices there. In the ensuing months, six investigations found 13 violations on the Woodridge site.
More than two years later, the charges against Double Oak Construction will finally be heard by TCEQ Commissioners in their September 9 meeting. This is basically a water quality case that has to do with pollution of Taylor Gully, the San Jacinto East Fork and Lake Houston. Charges include failure to:
On TCEQ Commissioners Docket for September 9
Item 29 on their docket reads:
No. 2019-1513-WQ-E. Consideration of an Agreed Order assessing administrative penalties and requiring certain actions of Double Oak Construction, Inc. in Montgomery County; RN110478583; for water quality violations pursuant to Tex. Water Code chs. 7 and 26 and the rules of the Texas Commission on Environmental Quality, including specifically 30 Tex. Admin. Code ch. 60.
Water samples taken by the investigators showed that at the outfall:
Double Oak had been hired to clear and grub the site. That means removing trees and roots.
Definition of Agreed Order
This enforcement action by the TCEQ falls into a category called an “Agreed Order.” A website called USLegal.com defines an agreed order as: “An Agreed Order refers to a written agreement submitted by the parties to a case resolving the issues between them. Once the agreed order is approved by the court and entered in its minutes, it becomes the order or decree of the court with all of the force and effect that any order would have after a full hearing prior to adjudication.”
However, they add: “…until then, an ‘agreed order’ is no order at all, but merely an agreement of the parties. It has no significance … until a judicial … decision gives it significance.” TCEQ Commissioners will take that step on September 9.
Double Oak Penalties Unclear
Documents supplied in response to a FOIA request did not discuss what the penalties might entail for Double Oak. The company left the construction site long ago. It has since been sold to Harris County Flood Control and the City of Houston for a regional stormwater detention basin and sewage treatment plant. So it’s not as if Double Oak can make good by simply agreeing to clean up its act.
Typically, such cases involve a modest fine. The significance in this case: Double Oak apparently is admitting wrongdoing before a decision or settlement has been reached in hundreds of homeowner lawsuits downstream. More on those at a later date.
For More Information
For more on what led to the lawsuits, see:
Elm Grove Residents Look for Answers and Don’t Have to Look Far
What Went Wrong Part 1
What Went Wrong Part 2
What Went Wrong Part 3
What Went Wrong Part 4
What Went Wrong Part 5
Posted by Bob Rehak on 8/31/2021
1463 Days after Hurricane Harvey and 712 Days since Imelda
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.
MoCo Judge Dismisses Lake Conroe Association Lawsuit Against SJRA With Prejudice
Judge Michael Mayes of the 284th Judicial District Court in Montgomery County filed an order today dismissing the Lake Conroe Association (LCA) lawsuit against the San Jacinto River Authority (SJRA). But the most significant part of the dismissal was the way he did it.
Meaning of “With Prejudice” and “Want of Jurisdiction”
“With prejudice” means that the plaintiff cannot refile charges in another court. Basically, the court is saying that it found the case meritless. One lawyer told me, “It’s like saying, ‘Don’t waste the court’s time anymore.'”
Re: Plea to the Jurisdiction, according to the website Houston Courts and Cases, “In Texas…A plea to the jurisdiction can challenge either the sufficiency of the plaintiff’s pleadings or the existence of jurisdictional facts.”
In April 2021, the Judge dismissed the case against the City of Houston for want of jurisdiction, but the case against the SJRA remained active until today.
Purpose of Lake Lowering Plan
The Seasonal Lake-Lowering Plan was conceived shortly after Harvey as a way to provide an extra measure of flood protection for the Lake Houston Area while it implemented other flood-mitigation measures such as dredging and additional gates for the Lake Houston spillway. By creating extra storage capacity within Lake Conroe during the wettest months of the year, the SJRA hoped to reduce the risk associated with another massive release like the 79,000 cubic feet per second during Harvey. By itself, that was the ninth largest flood in West Fork history.
2800 Pages of Legal Briefs Come to a 102-Word End
The Lake Conroe Association pulled out the stops for this lawsuit. It filed approximately 2800 pages of legal briefs in four months, ran out of money, and started begging with residents to donate more so it could continue the fight. Today’s ruling will put an end to that.
Reality repeatedly contradicted the LCA’s factual claims. LCA claimed:
In contrast to (or maybe because of) the 2800 pages of legal briefs, today’s court order was mercifully brief – 102 words.
“On this 30th day of August, 2021, came on before the Court San Jacinto River Authority’s Plea to the Jurisdiction, and after considering same, all Answers, Responses, Replies, pleadings, stipulations, evidence, affidavits and attachments filed by the parties, all statutory and caselaw authorities, and all arguments relating thereto, the Court was of the opinion that the following Order should be entered; it is therefore ORDERED, ADJUDGED AND DECREED that San Jacinto River Authority’s Plea to the Jurisdiction be, and it is hereby, GRANTED AND SUSTAINED, and that the above Cause be, and it is hereby, DISMISSED WITH PREJUDICE FOR WANT OF JURISDICTION.”
Now a Meaningful Dialog Can Begin
I’m sure this must come as a bitter blow for some residents of Lake Conroe who supported the long court battle. But perhaps some good will come from the clarity that now exists.
Hopefully, this will open the door to reasonable people who wish to craft a long-term joint management plan for both Lake Conroe and Lake Houston. The people of this region are inextricably bound together by the need to balance water and flood control. Perhaps now we can start a meaningful dialog that addresses both.
Posted by Bob Rehak on 8/30/2021
1162 Days since Hurricane Harvey