Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the month “November, 2011”

17 Nov 2011
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Greg Nyhoff and the SCAP Letters, is He Stonewalling the Citizens or trying to “Control” the Story?

By Emerson Drake

When we heard Modesto was refusing to give either the letter it wrote to SCAP or SCAP’s response, to the Bee or the rest of us for that matter, we sent a Public records Request to the City in an attempt to get a copy of the letters.

The following was the City’s response:

From the Office of the City Clerk

Hello, Mr. Drake…
 
You indicated that you wanted an acknowledgement of receipt for your request, so I wanted to make sure it was being worked on. The City Manager’s office reports that the response letter received from SCAP will be released within the specified timeframe under the Public Records Act.  Given the closure of the City for the Thanksgiving Holiday and furloughs, they will release the document on Monday, November 28th. 

 

We wondered why the obvious delaying tactics by the City Manager Greg Nyhoff?  Was he trying to dribble the story out in small bits and pieces?  Maybe, maybe not.

We’ve all learned about the life cycle of a news story and delaying disclosure would be a way to deal with one leaked part at a time.  Or at the very least seek a more “friendly venue” to disclose the entire story.

On November 16th, the very day this email was received, we were fortunate enough to obtain from a reader the letter SCAP sent in response to the City’s.

Apparently Mr. Nyhoff felt the need to advance his time-table since the “cat was out of the bag” so to speak. We only hope Mr.Nyhoff will come clean and stop trying to protect some of the people who sat in on his hiring interview and deal with the people who pay his salary.  That is to say, the PUBLIC.

So what do you have to say for yourself Mr. Nyhoff?

 
 
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15 Nov 2011
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SCAP ‘s Response to the City of Modesto and Modesto’s Letter to SCAP

SCAP_Response_Letter_Rcvd_11-11-11

The following is Modesto’s letter to SCAP

102811LtrtoSCAP&NSPMonitoringReportdoc

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15 Nov 2011
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Tuesdays MID Rate Increase Meeting

By Emerson Drake

 The title says it all yet tells you nothing.  Once again the three MID Directors who are most responsible for MID’s sad financial condition were quick to vote for another rate increase.

 By my count thirteen people went to the podium to request the Board to:

  1. Hold the line when it comes to rate increases.
  2. To wait until the new Board members took their places in December.
  3. To stop forcing residential ratepayers from having to subsidize commercial evening use.
  4. To reconsider the changes the Board made to the Domestic Life Support Program.
  5. To allow unrepresented ratepayers to be either represented on the MID Board or remain unaffected by the increase.

Not one single person said “Raise my Rates.”

 The Board members respectfully listened to the concerns and then ignored them.

 To be fair it was a three to two vote with Tom Van Groningen, Glenn Wild, and Paul Warda voting for the increases (VanGroningen and Wild have voted for rate increases every chance they’ve had)and the two so to be ex-Board members voting against the proposed motion.

 Maybe that was the point Van Groningen and Wild were worried about.  Maybe they were concerned the new members would influence Warda.   

 We can only be reminded the Board accepted a higher solar rate than PG&E will be paying (.17 vs .10 kw)and this helped increase the green energy portion.  The Board has consistently blamed California AB32 for the increases but when they make decisions that cost us 70% more than necessary the buck, or should I say our buck falls in their court.

 Director Tom Van Groningen says they are all honorable men making the best decisions they can.

 If that’s the case we need better decision /policy makers than VanGroningen, Wild, and Warda because they’ve allowed Allen Short to lead them, and by proxy us, down the path to destruction.

 If you were a business looking for a place to move to would you go where the rates have climbed over 90% in just ten years?

 To read and understand the real cost of MID rate increases read the earlier article entitles “More MID Deceit.”

Pay/Go adjustment………..  2.0%

Greenhouse Gases………….     .3%

Green Energy True-Ups…..     .6%

Total2012 Impact………….    2.9%

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14 Nov 2011

Monday night’s Meeting of the Modesto Economic Development Committee

By Emerson Drake

These meetings would surprise the vast majority of Modesto voters if they knew how they were conducted. 

The Modesto Development Committee or the (MDC) consists of Council persons

Joe Muratore , Chairman

Brad Hawn, Vice-Chair

Stephanie Burnside, Member

Councilman Hawn was forced to start the meeting since Joe Muratore forgot all about it. Fortunately Alternate Dave Geer was present to sit in until the absent Muratore could find time to attend.

There were four vacancies on two separate committees which needed to be filled.  The Council members gave their usual concerned decisions. That was tongue in cheek since neither of the two council persons present had seen the applications until just before the meeting started when City Clerk Stephanie Lopez passed them out.  Just like the last time we brought one of these meetings to you, the Council members just mulled the decision around not knowing the applicants or caring much about who they chose.

Just when they were getting ready to randomly pick the second future committee member, Councilman Muratore came strolling in. He had neither seen the applications nor was familiar with the applicants, so he went along with those already chosen.  Not surprisingly, two of the three chosen were members of the real estate community.

We finally came to the meat of the meeting which was a discussion of updating the status of the State Route 132 West Freeway/Expressway Project.

There were 8 maps on the wall which, it was explained to us, were not available to the public on line because of Cal Trans policy.  Not to go with stereotypes but the total build out which will cost taxpayers somewhere between $160-170 Million  looked like it was designed by a drunken sailor.

Immediately after the meeting the maps were taken off the wall despite the fact we were told they could be viewed the next day.

Several of those attending the meeting including Denny Jackman, had questions about the design.  For good or bad these maps haven’t been approved by Cal Trans and are preliminary and subject to revision.

When concerns were raised regarding potential conflicts of interest, Stephanie Burnside spoke up and said “I’m willing to recuse myself to avoid unnecessary criticisms”,  but City Attorney Susan Acala Woods supposedly said her voting was alright.

Considering Ms. Woods recent record of being wrong when it comes to the need for Council members to recuse themselves, maybe Ms. Burnside should have remained silent and let Dave Geer cast a vote in her stead.

Well we won’t know for sure until after the FPPC rules on the complaint to be filed tomorrow.  Ms. Burnsides business, Burnside Auto Body is going to be displaced by the Route 132/Needham connection, so one would have hoped for extra caution to have been taken.

This was anything but an earthshaking meeting but it saddens citizens to know the haphazard way some of the City Council members go about the City’s business.

We thank Dave Geer for his extra diligence and willingness to step into the breach left by Councilman Muratore.

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14 Nov 2011
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Banks, $100 Bills, and You

By Emerson Drake

If you’ve gone to the bank recently to transact business, you probably heard the tellers ask “will hundreds do?”, or something to that effect.

 It sounds a lot like; “do you want fries with that?”  Doesn’t it? 

 Like all businesses, banks have done time studies which showed them if you pass out hundreds instead of twenties, the line moves a little faster.

Seems innocent enough, but it also means they can employ fewer tellers.  But what are the other ramifications?

Small businesses try to hold down the amount of cash in their registers so as not to be an inviting target for thieves.  Much theft is a crime of opportunity.  Seeing lots of cash in a register invites theft.  The closer we get to Christmas time the more noticeable it will be, but it holds true year round.

Regular customers can tell you if a cashier hides $20 under the cash drawer or under the counter, and if they know, so does the thief. 

So help bank tellers keep their jobs and assist business owners from appearing as easy targets.  When they ask if hundreds will do, just say “no thanks.”

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14 Nov 2011
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More MID Deceit…A Look at MID Rate Increases

By Dave Thomas

Good morning.

There have been 13 rate increases since 2001, or in the last 11 years, and this next one will be the 14thincrease to the rate payers in the same 11 years.

 

                   I have to tell you, though, John, that sometimes I fear that the true harmful economic impact of these insidiously “modest” cost increases is not appreciated.  Today’s story quoted a ratepayer as complaining that we have had rate increases of “86.25% in 10 years”.  I think I am being kind when I say, “That is not quite accurate”.

 

                   You can see by the attached MID rate increase summary, that the actual cost of electricity billed to ratepayers is substantially more than 86%.  We went to our tax records and pulled out every bill we paid in years 1998 through 2004, and recorded the starting rate, each rate increase, then compared those rates to our October bill.  If you look closely at the lowest rate actually charged, it is the Winter Rate of 1998, and the rate was $.0602, or 6.02 cents per Kilowatt hour.  The current rate actually charged occurred on the Summer Rate of 2011.  That rate is $.1808, or 18.08 cents per Kilowatt hour.  This 18 cents is, however, not the whole story, because MID, in its wisdom also added a flat rate of $12.50, thus increasing the costs by another $150 per year to every rate payer.  Moreover, the City of Modesto’s 6% Utility Tax was imposed on every rate increase, and last month MID sent over $1 Million dollars in Utility Tax to the City.

 

                   Let’s do the rest of the math.  If a ratepayer paid $100 a month electricity bill in 2001, the total COST of electricity would now be $264.54 (including the tax).  If that same ratepayer’s monthly summer cost was $200 in 2001, the rate increases published in today’s story would increase his monthly cost to $502.37.  AND the City would charge him another $30.14; the total monthly bill would be $532.51.

 

                   Thank you very much, Dave

MID ELECTRICAL RATES, 1998 THROUGH 2011

                                                SUMMER RATES                              WINTER RATES

1998                1ST 500 KWH             .0727                                                   .0602

                        OVER 500 KWH        .0797                                                   .0661

1999                SAME RATES AS 1998

2000                RATES NOT DISCLOSED

2001                RATES NOT DISCLOSED

2002                FLAT RATE INTRODUCED AT $12.50

                        1ST 5OO KWH           .0784                                                   .0649

                                                            .0860                                                   .0713

2003                FLAT RATE $12.50

                        1ST 500 KWH             .0879                                                   .0728

                        OVER 500 KWH        .0964                                                   .0799

2004                FLAT RATE $12.50

                        1ST 500 KWH             .0962                                                   .0797

                        OVER 500 KWH        .1055                                                   .0874

2011                FLAT RATE $12.50

                        1ST 500 KWH             .1649                                                   .1367

                        OVER 500 KWH        .1808                                                   .1498

______________________________________________________________________________

IN THE 6 YEARSFROM 1998 AND 2003, THE RATES INCREASED BY

                        1ST 500 KWH             .0152                                                   .0126

                        OVER 599 KWH        .0237                                                   .0138

IN THE 8 YEARSFROM 2003 AND 2011, THE RATES INCREASED BY

                        1ST 500 KWH             .0770                                                   .0639

                        OVER 500 KWH        .0841                                                   .0699

When I look at these numbers, I have to ask, just when did Allen Shortbecome the boss at MID?

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12 Nov 2011
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Check Out The PreZcotts New Release “GOSSIP”

The four extremly talented young ladies have recorded a CD of original music along with  some of their favorites called “Gossip”.

The four young women had to handle adversity after losing their father due to an aggressive assault by Sheriff’s deputies. 

You can listen to a sample of their music at

http://www.youtube.com/results?search_query=the+prezcotts+gossip&aq=3m&oq=PreZcotts

http://www.facebook.com/photo.php?fbid=10150325068505942&set=a.469813215941.261399.175868780941&type=1&theater

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11 Nov 2011

On-Going Scandal in Modesto

By Emerson Drake

City Manager Gregg Nyhoff perpetuated the myth of “everything is fine” down at city hall at Wednesday night’s city council meeting.  The bobble heads were nodding in agreement that city workers overseeing the NSP2 funds are stretched too thin, rather than acknowledging pressure from local power brokers was responsible.  When you listen to members of the Commonwealth Group explain it away, it almost sounds plausible until you consider the web of intrigue that surrounds the scandal.

From city councilmen and their business partners scheming their way through the NSP2 maze of paperwork and guidelines, to newspaper publishers relatives being waist deep in the mire.

While the SCAP controversy abused everyone’s sense of reason, the NSP2 controversy exposed the raw naked greed of a city councilman who can’t use city attorney Susan Alcala Wood as a shield this time.

The premise that a city official can’t profit from NSP2 funds or HUD money isn’t obscure, not in the least.  It’s one of the first things you learn.

But when the money Ryan Swehla and Scott Monday funneled to Benchmark Realty (a company Swehla owns with Joe Muratore) first came to light, it was eclipsed by the SCAP scandal.

Needless to say, despite Mark Vasche’s claim of distancing himself from the reporting on this, it can’t be easy to be a reporter writing about Vasche’s son-in-law (Scott Monday).

Commonwealth members continue to support Councilman Muratore despite his being caught with his fingers in the till.  After all, his being on the council, adds unspoken pressure on city employees (unspoken by Muratore), while his partner doesn’t hesitate to play the “do you know who my partner is” card to anyone unaware of the affiliation.

Even most of the city council has remained silent on whether or not Muratore should resign his seat.

You can’t expect any pressure from his council district, considering that Mike Moradian has been inspecting all of the homes being “processed” by the conjoined triumvirate.

How can citizens ofModestoexpect to be treated with respect and honesty while the Bee management is shielding Muratore and his cohorts.

To be bluntly spoken, we can’t.  People need to express their dissatisfaction and outrage to the City Council and everyone they meet. 

We need to say the iconoclast, “We’re mad as hell and we’re not going to take it any more.

“Never doubt that a small group of thoughtful, committed, citizens can change the world. Indeed, it is the only thing that ever has.” 
― Margaret Mead

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10 Nov 2011
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The Personhood Proposition

By Eye on Modesto Staff

The voters of Mississippi have just voted down Proposition 26.  Proposition 26 declared “personhood” at the moment of fertilization.  The implications of this were far-reaching.

 Fertilization is when the sperm joins the egg. Conception is considered to be the moment the fertilized egg implants itself into the lining of the uterus.  This might not happen for up to a week after the egg is fertilized.  The concept of declaring personhood from the moment of fertilization would render IUD’s and most birth control pills illegal, as neither method prevents fertilization, but rather prevents the fertilized egg from implanting in the lining of the uterus. 

Conceivably, a doctor who prescribes birth control pills or a woman who takes them could be charged with a crime.  Another aspect of Proposition 26 is the treatment of ectopic pregnancies, which happen when the fertilized egg starts to develop in the fallopian tube instead of the uterus.  Such pregnancies must be aborted or the fallopian tube will rupture and may cause the death of the mother.  Prop 26 would prevent doctors from performing abortions on these women, condemning a number of them to death.  Prop 26 also banned abortions in the case of incest, rape or even to save the life of the mother. Some women develop medical conditions during pregnancy (extremely high blood pressure, pre-eclampsia, gestational diabetes) that may result in their death if the fetus is not aborted, but this law would tell those women that they must die.

 Doctors would not want to provide in vitro services as they could be charged with murder if they disposed of unused fertilized eggs, even though medicine defines pregnancy as the implantation of a fertilized egg, not the fertilization of the egg.  If Prop 26 passed, those fertilized eggs in a petri dish would be considered “people”.  A woman who suffered a miscarriage may have had to prove to law enforcement officials that she had done nothing to bring on the miscarriage.  This could certainly discourage women from receiving medical treatment at the first sign of a miscarriage.  Some people have concerns that a woman could be charged with a crime if she engages in activities where she might be injured and that injury could result in a miscarriage.  This could conceivably happen even if it was early in the pregnancy and the woman wasn’t aware that she was pregnant.

Some of the supporters of Prop 26 are Personhood Mississippi, Catholic Social and Community Services, Personhood USA, The American Life League and the Christian Medical and Dental Associations.  They are basing their support on their religious beliefs.  While they are certainly free to adhere to their religious beliefs, what they have attempted to do is to force every woman of child-bearing age inMississippito adhere to religious beliefs that they may not agree with.   Even some groups that are very pro-life have taken a step back from this proposition due to the extreme and possibly unforeseen consequences that would come about if it were to pass. 

Mississippi has only one abortion provider in the entire state, and already forces a woman to wait 24 hours after a doctor’s appointment and mandatory “counseling” before they can have an abortion, which causes increased financial hardship on low-income women.  They not only have to travel a good distance, they need a night in a hotel to meet the 24 hour waiting requirement. Mississippiis a very poor state, and has a poor record of helping its low-income families.  Proposition 26 would just make those low-income families even poorer, by removing most forms of birth control and subjecting those women to multiple pregnancies.

PersonhoodUSA is attempting to put similar initiatives on 2012 ballots inFlorida, Montana, Ohioand Oregon.  Voters in Colorado rejected similar proposals in 2008 and 2010.

Be reminded, this is not just an abortion issues although the first goal of these groups is to ban all abortions.  Their long-term goal is to ban all forms of birth control.  If these propositions pass in other states, it will be a step backward of 100 years for women’s rights.

Abortion should always be Safe, Legal and Rare.

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04 Nov 2011

John Duarte Confirms he was Recruited by the CommonWealth for the MID Board

We had said all along that John Duarte was recruited by the usual gang to control the MID Board of Directors. Last night John freely admitted it was Joe Muratore’s (of NSP2 infamy) friend Chris Tyler who asked him to be a party to what many are calling a n elaborate charade

His opponent Larry Byrd has been a regular at MID meeting for the past several years where Duarte admits he’s a Johnny come lately who never came to meetings prior to his “talk” with Chris and has seldom appeared at meeting since his declaring his candidacy.

In the last MID election we had another “recruit” foisted on us. His name was Glenn Wild. Mr. Wild has voted with Tom VanGroningen on every vote since assuming office.

The sad part to this story is Tom Van Groningen is one of the main architects in our rates skyrocketing through the roof. He and his henchmen (Warda, Wild, Kidd and Hendsley) have allowed Allen Short to run the MID as a personal fiefdom with himself as king.

The strewn carcasses in their wake include MountainHouse, a geothermal project that cost MID Millions of dollars, and the Four Cities expansion project. All of these “projects” have cost the MID ratepayers hundreds of millions of dollars.

What can’t be explained is why the CommonWealth group along with others continually pick losers to represent them and us the ratepayers. .

They seem to believe having “their boys” in control is more important than having the right people at the helm of the U.S.S. MID.

Maybe they should consider being in control isn’t as important as getting it right.

Maybe they should call the captain of the Titanic for advice.

So we know after listening to the candidates speak at the Tea Party Patriot forum last night, John Kidd should be part of MID’s past and not its future. And that we can’t afford to have the CommonWealth’s flavor of the month John Duarte to reach beyond his grasp.

Larry Byrd and Nick Blom are definitely the type of stand out candidates we like to see running for the MID Board of Directors..

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