Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “John Mensinger”

Gov. Newsom’s Appointee Uses Lobbyist to Disrupt MID Meeting

By Emerson Drake  

On Tuesday Bill Lyons used lobbyist/attorney Stacey Henderson from Terpstra Henderson Law Office located in Ripon to disrupt questioning of the MID General Manager regarding invoices from Gualco, a lobbying firm MID uses for state issues.  Ms. Henderson is paid to appear at MID meetings by several close business associates of Bill Lyons.  People who regularly attend MID meetings are aware of her close ties to Lyons and their continual attempts to keep MID electric ratepayers subsidizing farmers’ irrigation rates.  William Lyons, 68, of Modesto, has been appointed Agriculture Liaison in the Office of the Governor, a cabinet position for $175,008 per year. You have to give him credit, he knows how to cash checks paid for by taxpayers.

While a member of the public was engaged in an informative exchange with GM Scott Furgerson, Ms. Henderson leaped to her feet and began to speak over the conversation.  At the beginning of every MID meeting the Board Secretary reads a short spiel stating that any persons causing a disruption will be asked to leave.  Apparently that doesn’t apply to Bill Lyon’s lobbyists.

To make everything more clear and easier to follow, Bill Lyons has been CEO of Lyons investments (read Mapes ranch) since 1976, and that is around the time Bill began treating MID as his personal fiefdom. Bill and or his family and business associates controlled three of the five votes on MID’s Board as long as most can remember (until Jim Mortensen bungled it).  For years they funded any challenge to his votes/puppets by cutting a campaign donation check for  $5,000 anytime they were opposed during an election(in most elections they ran unopposed due to lack of interest). For perspective a $5,000 check in past MID terms was more like a $50,000, check today.

Just to introduce all of the Lyon’s entourage, because we wouldn’t want to leave anyone out, another Bill Lyons lobbyist Bob Fores (who is also a lobbyist/attorney), chimed in later but at least he didn’t disrupt the proceedings.  It’s humorous to onlookers when attorneys take umbrage to being called lobbyists but if your clients don’t have any official business in front of MID and you’re being PAID to shape opinion, then you are by definition a lobbyist.  Now personally I can understand why a lobbyist wouldn’t like being called an attorney but…Oh well you get my drift.

Stacy Henderson has lobbied MID to allow farmers to sell water to each other and insisted on keeping MID’s nose out of the prices farmers charge each other, all the while insisting MID deliver the water to her clients at approximately $40 dollars per acre foot below MID’s delivery cost.

Bill Lyons tentacles reach all over the sate but especially Stanislaus County. He was behind the attempted MID water sale to San Francisco and was able to get the Modesto Chamber of Commerce including Cecil Russell, to publicly support the sale (Lyons keeps pulling those strings).  His elected MID puppets even created a slush fund of $250,000 to support the sale.  Think about that for a minute they used ratepayer funds to ram an unpopular water sale down out throats.

Can we afford to have lobbyists paid for by Bill Lyons disrupting public meetings and getting away with it?  Watching the GM schmoozing Ms. Henderson during the following break provided us with another clue and a chuckle. But not to be outdone Stu Gilman conferred with Chamber of Commerce’s CEO Cecil Russell’s female executive assistant behind the dais during a break.  I can’t say that I or anyone else there had ever seen that happen before.  When it comes to weird twisted politics, MID takes the cake.

We can count on one thing, that there’s more to come from Lyons and his band of marionettes.

About the EyeOnModesto:  We’re not paid to attend meetings and our opinion’s aren’t for sale. You can’t say the same for lobbyists or attorneys or for lobbyists that are attorneys who go to these meetings

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MID Mailbag Brings Us Featherbedding at the MID

By Emerson Drake 

Over the years our MID Mailbag has produced very interesting results that have become stories, like the bastardized ‘smart meters’ MID purchased that were defective requiring hundreds of thousands of dollars (of our money) to set right. But in the past year we’ve come across some items that need to see the light of day.

When Greg Salyer was allowed to step down as MID’s General Manager and retain his same salary of $236,188, eyes were opened.  His new title of Assistant General Manager, second in pay only to the newly hired GM seemed excessive for a position created by Mr. Salyer for himself.  In the last year we’ve received ‘concerns’ from staff that they see no input or leadership coming from Salyer and are wondering how long the farce will be maintained.

After receiving numerous complaints internally regarding the inexperience and lack of performance of an Engineering Tech Supervisor last year, management finally made a move and D.W. was sent toddling off the Woodland Generating Station.  But in MID’s usual fashion a position is now  listed  internally.  A position that was eliminated years ago because it was no longer needed.  But in the best of MID’s traditional featherbedding style (Featherbedding is the practice of hiring more workers than are needed to perform a given job) MID has resurrected the job and will offer it to D.W. at double his paycheck all for a special project.

Towards the end of last summer we kept hearing how then Turlock Mayor and MID employee Gary Soiseth had stopped showing up for work at MID while still cashing his paycheck.  It all came to a head on September 7th when Soiseth resigned rather than potentially being fired.  Apparently, and unknown at the time to the rest of us, this was the first of the behind the scene maneuvers by John Mensinger, Paul Campbell, Stu Gilman and MID General Manager Scott Furgerson.

By the October 23, 2018 Board meeting it became obvious these four had conspired into trying to hire Gary Soiseth as a consultant through Gulaco with a salary increase from $132,579 to $216,808 and for doing basically the same job he had been doing, when he was actually showing up, for MID.

So when concerns were expressed by other Board  members that Multiple Brown Act violations had occurred in recent months it wasn’t a surprise.

Multiple Public Record Requests have been delayed for months.  The current regime is reverting back to Tom VanGroningen and Allen Short days.   These were the  the exact opposite of the clean transparent days from Nick Blom and Larry Byrd.

For MID employees wanting MID to be run as a public business and not a personal empire you can express your concerns by email to westernpalms@aol.com

Oh yes and Paul, are you going to get a discount from John on all that lumber you’re thinking about needing?

 

 

 

MID’s Missing Legal Costs

By Emerson Drake  

A follow-up to MID Staffer Caught ‘Fudging’ the Numbers

We received the missing numbers through a Public Records Request.  Not surprisingly Scott Van Veren’s representation to the public and the Board wasn’t as advertised.  In the last meeting he made the claim the reason he hadn’t added the legal costs for lawsuits was because the settlements would skew or distort the report.  So lets take a look and you tell me.

From 2014 through 2018 the missing numbers total from the legal fees for the lawsuits came to $3,283,175.  The settlements for the same period came to $100,648.  There was an additional column called other which was described as consultant fees and materials for the lawsuits which came to $680,383.  You can see the breakdown by year below. Click on it to enlarge

it.

But clearly Scott claiming that $100,648 would skew $3,283,175 was a smoke screen.  Just as sad was Director John Mensinger repeatedly calling for a vote.  I would suggest John was aware of the ‘3 card monte’ or maybe you’d prefer ‘shell game’. being played out by MID staff.

Unfortunately MID is now using outside attorneys to process PPR’s.  Normally you could get the answers quickly and if you had any questions they were happy to provide answers.  The attorney I spoke with didn’t have a clue what the numbers meant nor could he explain the ‘other column’  Finally I was given a name at MID for follow-up explanations which were helpful. A hearty thanks to Ms. Cartisano. So we’ve made another PPR to find out just how much money MID is wasting on outside attorneys.  Billable hours versus salary?  The answer would seem to be a no brainer.  But you know John Mensinger and his cabal, they’ll stop at nothing.

 

MID Staffer Caught ‘Fudging’ The Numbers

By Emerson Drake 

At the 1/22/19 meeting AGM Finance/Treasurer Scott Van Vuren delivered a report that was supposed to layout our in-house and outside legal costs to allow the Board to make an educated decision regarding whether to hire a replacement in-house attorney or to hire an outside law firm to function as MID Counsel.  He made his presentation but both some members of the Board and the public had questions.  When we tried to get Van Vuren to total the two  pages, the first for $1.8 M  and the second for $1.8M each total is give or take $100,000, he was hesitant to respond, in fact he refused to respond to repeated inquiries.

We helped him with his math offering that it added up to approximately $3.6M but we couldn’t get him to say the words.  Finally he was forthcoming enough to state that there were additional legal costs he hadn’t included in the report. Most notably these were outside legal costs. When asked to place a number on these he said he’d have to get back to us and the Board.  Scott repeatedly said the missing numbers would be skewed by settlements. So some of the Board started following up with questions.  Scott kept using Turlock Irrigation District (TID) as his comparison.  But when asked to produce TID’s  numbers so we could compare apples to apples he claimed he’d need to get TID’s permission. Obviously Scott was stalling since these numbers are public domain.

Scott had been saying all along that we paid more then TID for legal costs but had nothing to back up his statements.  Questions were finally asked why he hadn’t checked with other districts for comparison. Obviously it didn’t suit his and Director John Mensinger’s preconceived position that outside services would be better.

John Mensinger kept trying to interrupt the questioning saying he’d heard enough but even Director Stu Gilman was getting curious now.  What they didn’t mention and since public comment is only 5 minutes so we didn’t get a chance to ask, was about the comparison.  TID’s budget is less that half of MID’s. ($164M vs $429M) and it’s safe to say that MID’s 122,000 electric customers are several times more than TID’s.  So why use them as a comparison?  So they can  get the predetermined outcome the ruling cabal desires.

And since we’re just trying to be helpful we have made a Public Record Request from TID for their legal costs for the last three years.  Scott seems to produce more reliable numbers when someone is looking over his shoulder.  The public needs to look out for themselves now since our compadres in this fight on the Board are out numbered.

It’s starting to sound like 2011 all over again.  And that bodes ill for the ratepayers.

For the follow-up see MID’s Missing Legal Costs

 

The House Modesto Gets Flimflammed at MID

By Emerson Drake  

On October 1, 2017 Pastor Glenn Berteau took a few minutes from Sunday’s service to introduce  lay pastor Stu Gilman and to ask for the congregations’ support and vote for Stu Gilman.  Pastor Berteau reminded the congregation that Stu is a personal friend of his and a friend of The House along with being a board member of The House.  Stu made a promise to the congregation that day. He said for years they had been overpaying for electricity and he would get them a rebate based on how much money they had spent on electricity.

Stu was subsequently elected to the Modesto Irrigation District Board and MID was facing a law suit from ratepayers.  He and the rest of the MID Board decided to commission a Cost of Service Study from Bartle Wells Associates and MRW & Associates to defend against the pending lawsuit.

Now to the meat and potatoes. The ‘report’ basically said apples were oranges and up is down.  It’s an agreed upon fact the water delivery side was facing a $17 Million shortfall every year.  And the electric ratepayers have been overcharged to pay for steeply discounted electric rates to large companies (read below cost in some cases), to pay for the water losses and to buy a percentage in the natural gas powered Lodi plant.  The Lodi plant is where their profits come from and are called ‘discretionary funds’ by the report.   The report states if MID’s Board has a policy they can point to that allows them to spend the discretionary funds as they see fit, that could include cars, boats. subsidizing farmers and large businesses including Gallo.

Stu Gilman and the rest of the Board voted to support the report and if it holds up in court it removes any possibility for the congregation and quite honestly the rest of us ratepayers to not only get a rebate but to get an even break in MID’s repressive rate structure.  So when the rubber met the road Stu supported MID and abandoned his congregation and the rest of the ratepayers.  Stu had his chance to stand up and keep his word to us but he showed his true colors and instead became just another one of them.  We had hope and gave him rope, and look what he did with it.

One of the issues is the essence of religion is submission to authority and for supporting Stu Gilman, Pastor Glenn must accept some responsibility for the outcome.  People expect their Pastors, Ministers, Priests, and Spiritual Advisers to look out for their best interests when they demonstrate their support for candidates or ballot measures from the pulpit.  As happens often in life the people that need the breaks the most get screwed but when it happens to you, by the leaders of your church, you should be asking questions.  Lots of questions.

And your belief in their answers is discretionary.

MID Intrigue, Betrayal and the Brown Act

By Emerson Drake  

Recently Modesto Irrigation District meetings are more like a Shakespearean play. They’ve had it all, palace coups, intrigue, betrayal,  possible legal violations and audit reports that stretch credulity.  And believe it or not we’re underplaying recent events.

Since it directly effects our wallets lets start with the most recent first, the 100 plus pages of the District’s Cost of Service Study Report.  Listening to the report of their meeting on line will mystify and amaze you while on occasion putting you to sleep.  When I hear “generally accepted audit and accounting standards” the hairs on the back of my neck rise up because that is the same verbiage we heard during the Enron scandal.  Remember Enron’s report suggested Enron was financially sound all the while the walls were crumbling down.

MID is fiscally sound but the reasoning behind the report is questionable. The whole purpose of this report is to defend them against an electrical ratepayers law suit. They change the words “electrical profits” to “discretionary funds” that can be applied anywhere the Board chooses. And as the magician says abracadabra there is no subsidy for the water side despite the annual shortfall of  $17M.  When evaluating MID’s reports keep in mind the old adage  ‘liars can figure and figures can lie and that well paid ones do it even better.”

The report’s cost of service numbers are skewed, in other words biased and distorted.  As we learned during the Mountain House discussions it all depends on which column they put costs into.  Or if they bother to account for them at all, after all out of sight is out of mind.  MID has a tendency to say once we decide to supply power to an area the expensive main feeder power lines and substations don’t count against cost of service. Yet someone pays the bill.  But that person is an imaginary one named ‘discretionary’.

While we’re still working our way through the report we haven’t come across the validation of supplying electricity at below cost to businesses while still covering their costs. If you have any doubts, it’s ‘Discretionary’ that is paying for it.  If you want to meet ‘Discretionary’ take a look in the mirror.

As we continue to review the report and receive information from our on-going public record requests, there will be more to follow.

 

 

Modesto Irrigation District Wastes $75,000 on Outsourcing

By Emerson Drake   

Among today’s action items on MID’s agenda was one to hire third party administration of their basic retirement plan. So in layman’s speak they intend to outsource the insurance part of the retirement plan.  MID has had two positions designated for handling questions and assisting retirees but for two years now only one has been filled.  I wanted to provide the two-step song and dance given to the Board by the Human Resources head but the video isn’t up yet.  I was so captivated with the jargon used I wanted to share it but that will have to come later.

Suffice to say the head of H.R was unwilling to commit to doing away with a position they haven’t needed in two years because it might become necessary AFTER they outsource the majority of the positions duties.  Interestingly enough only Director John Messinger agreed that MID wasn’t saving money but spending an extra $75,000.

When John asked if Human Resources was going to come back before the Board to request the unused position  be filled concerns were voiced by other Board members that the Board had never micro-managed the staff before and they shouldn’t start now.

So lets summarize the issue.  They have two positions designated to perform the job tasks and one of them has been vacant for two years.  They intend to out-source the majority of the job for $75,000 a year yet aren’t willing to give up the unused position.

Believe it or not the final vote was 4-1 (Mensinger being the one “no” vote) to spend the extra money and to leave the position available to be filled without oversight.

At today’s meeting being fiscally responsible wasn’t what you would call their long suit.

 

Going, Going, Gone, Our Water is Being Auctioned Off Thanks to the MID

By Emerson DrakeMIDpic

All farmers who irrigated their crops last year using MID are allotted a minimum 18 inches this year, not enough to bring a crop to the market place.  MID has set a bounty on the water of Four Hundred Dollars per acre for not using the water and returning the water to MID for distribution to all farmers that apply using a random drawing.  The reality is they set a base price for the upcoming private water auction for this year.

If the rate increase of 10% goes through the cost will be $32.50 for the base allocation of 18″  plus a ‘Drought Surcharge” of $11.91 which equals $44.14 per acre.  MID is offering to give irrigators  $400.00 per acre for their base of 18″ or $267 per acre foot if they don’t use the water and leave it with MID.  A nice incentive to return something they haven’t received or paid for.

It Gets Better:  Our self described city boys, yes John Mensinger used/coined the term referring to himself and Paul Campbell threw in a wild card.  He made his point by saying, “they mostly represented people living in Modesto.”  Their argument was that a farmer should be allowed to sell their water to anyone they wanted and not just to family as has been MID’s past practice for transferring water delivery rights.   And by pushing the $400 incentive they created a ‘base’ price for MID water.

But The Water Isn’t Theirs:  See the rub is the water is MID’s water and MID is owned by its ratepayers meaning you and me.   So the two city boys along with Nick Blom, who reversed his earlier position, voted to place MID’s water up for auction to the highest bidder.  Remember, this is water they haven’t paid for, don’t own, yet windfall profits are going to be allowed?  What did these three eat for breakfast?

Mensinger and Campbell have been complaining about subsidies by the electric side: With all of the preaching that has been going on about subsidies you would have thought they would have suggested that MID hold an auction for any surplus water and then use the profit to support its  budget instead of allowing a few special interest farmers to line their pockets using our water, which they won’t have to pay for until they receive their bill November.

We all understand the Modesto Chamber of Commerce donated $2,000 and Bill Lyons even more to each of the ‘city boys’ and that the Chamber is  famous for using public money to help their ‘friends’ and they do expect a return on their money, but I would have hoped they would have refrained from passing out the largess for a couple of months more.

The sellers are guaranteed a MINIMUM profit of $355.59 per acre.  And who knows where that will end up after the unofficial auction.

The bottom line is:  We’re fronting them the water for at least six months at no money down or interest fees to allow them to find the highest bidder on our water for them to make the profit on?   And this is  the business acumen the two city boys bring to the MID Board?   Just how did this help the 113,000 electric account holders?   How did this help the small farmer who is barely making it bring his crop to harvest.   How did this help us?

What’s on America’s Mind With Emerson Drake… Friday at Noon

Topics include the ethics of Modesto’s Politicians,  the evil cabal behind

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Radio RED 104.9 FM (Photo credit: Mahdi Ayat.)

the Mensinger, Campbell, and Mortensen slate,  will the County’s water proposal really make a difference, Mike Hardin’s Measure X claims and the missing truth, these topics and more so tune in and find out what you need to know to make decisions important to you, your family and your community. Friday at Noon.

104.9 FM our flagship station

To listen live or from our archive: http://www.blogtalkradio.com/whats-on-americas-mind/2013/11/01/whats-on-americas-mind-with-emerson-drake

What’s on America’s Mind With Emerson Drake Wednesday at 6:30 PM

Tonight’s topics include our new expanded schedule,  the latest goings on at MID with the

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disastrous  Mensinger, Campbell, and Mortensen slate, MID’s Tom Van Groningen’s latest antics, the Modesto City Council and lobbyist Cecil Russell, behind the scenes of the Measure X proposal, the Modesto Courthouse placement. these topics and more so tune into tonight and find out what you need to know to make decisions important to you, your family and your community. Wednesday at 6:30  PM

104.9 FM our flagship station

To listen live or from our archives http://www.blogtalkradio.com/whats-on-americas-mind/2013/10/10/whats-on-americas-mind-with-emerson-drake-1

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