Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “Modesto Irrigation District”

Is MID Scaring New Businesses Away from Modesto

By Emerson Drake

One of our contributors sent these electricity rates to us as a comparison of what other communities pay.  The numbers may surprise you.

• Modesto Irrigation District — $134.53

• Pacific Gas & Electric — $133.92

 • San Diego Gas & Electric — $129.58

• Southern California Edison — $128.26

• Roseville Electric — $106.43

• L.A. Dept. of Water & Power — $100.68

• Sacramento Municipal Utility District — $91.80

• Turlock Irrigation District — $91.17

Now we know why businesses are looking in another direction.  And we know why families are moving out of Modesto.

 

MID’s Circle of Life is a Tale of Spending Gone Wild

By Emerson Drake

Sitting in on Monday’s meeting was enlightening.  They told us they wanted to spend $72 Million on lateral lines and reservoirs to capture 25,000-40,000 acre feet water their ditchtenders over order.  It was referred to as both operational discharge (in their handout) and as “spill” by (MID personnel and their paid consultant Dr. Burt.)  This “spill” is the water they want to sell toSan Francisco.  So they want to spend the $72M to capture the water they want to sell toSan Francisco to get the money to pay for the system upgrades needed to capture the water.  If that isn’t going round in a circle I don’t know what is.

Don’t get me wrong, they’ve found a way to spend even more and that’s by spending $10M on Supervisory Control and Data Acquisition or (SCADA) telemetry upgrades. These same upgrades were listed under completed work.

Completed Work

SCADA

  • State-of-the-art technology
  • Major diversion points upgraded/automated
  • Installed new radio/tower system
  • Truepoint Database System
  • Enhanced scheduling and records
  • Improved billing and reporting
  • Ditchtender Laptops
  • Real-time monitoring from the field

We were told by the good Dr. Burt that MID bought first class state-of-the-art equipment yet now we’re being told we need to spend $10M more for this same equipment we already purchased.  Sound familiar?  Remember when the county squandered $10 Million on computer equipment that wouldn’t talk to each other?  I’m not saying it’s the same but MID’s staff keeps adding to their “Christmas wish list” like a greedy child.

Let’s talk about the Dry Creek Flume that Board President Tom Van Groningen keeps bringing up in dramatic theatrical tones.  Yes the flume has been around for 100 years and yes it did burn down once but now its in good shape working perfectly fine.  Their newest main concern is about a major earthquake possibly damaging it. Oh, and did I mention a MID staff member told the audience it would probably take only one week to get the flume up and running again, in the event that it were damaged in an earthquake.  A $10Million insurance policy against something that hasn’t happened in the last 100 years and with no guarantees the new structure could withstand a large quake. After all they say “quake resistant not quake proof.”

Now this wasn’t a concern of Director Van Groningen’s for the first 20 years of his MID Board term but suddenly he refers to it and its possible demise in hushed tones like he’s repeating a mantra over and over.

What’s the sudden difference?  Money, money and a possible legacy, and a chance to have a flume named after him resonate within him.

We have a staff that couldn’t bring a project in under budget and have it remain functional (remember the expensive roof and wall that were found to be rotting immediately after the building guarantee ran out) and of course the fiasco of a water plant extension where major portions need to be torn out and rebuilt at an unknown cost. But these costs will definitely run many Millions of dollars. 

And just how much are two biggest cheerleaders for the project being paid?  Dr.Burt, the MID consultant, will certainly be called upon if this spending spree goes forward.  And MID’s attorney, Tim O’Laughlin, has been making money all along and since water sales agreements are in his bailiwick is he championing the spree in order to yet again run up his billable hours?

We’ll find out about MID’s hired guns by sending a PIR to MID for this information.

We need to re-invest in StanislausCounty’s citizens, farmers and our economy by replenishing the water aquifer in a variety of ways it is the single best thing we could do.  The water table keeps getting lower and lower and the concentration of contaminates keeps getting higher and higher and the only real answer is to re-charge the water table, not to sell it and our selves down the river.

Modesto Irrigation District Continues to Deceive the Public

By Emerson Drake

There can be no doubt MID General Manager Allen Short and his staff honed their skills at deception.  They’ve progressed from telling out right lies in the past, to passing off partial truths as to be factual.

After MID held their four public meetings they were aghast to find out several people had attended all of them and had taken notes.  These notes displayed the ever changing story that Mr. Short used in an attempt to promote his water “give away” program.   Like some politicians, Mr. Short “adjusts” his rhetoric to his audience. The reason I use the term give away is Mr. Short never publicly takes into account the other uses for the water which would bring in more money to the valley than the selling of water toSan Francisco.  Developers in the Bay area are planning to use the water for a home development to be built on a salt marsh. 

In his letter to Senator Feinstein he makes clear his desire to “make friends” with bay area politicians to secure their support for the central valley in the future. What wasn’t made clear until recently is over 100 of these same politicians have signed a petition against this development.  Oh what a tangled web we weave when first we practice to deceive.

As we’ve said before, MID meetings are never realistically portrayed by the Modesto Bee.  Speaker after speaker gets up and gives MID’s Board of Directors, .metaphorically speaking, “both barrels” against the proposed water sale.  The Farm Bureau has spoken out against the water sale as have many farmers who remind us the water table keeps getting lower and we need to recharge our aquifer if we expect it to last.  Our cities are pumping water out of the ground; the politicians and developers are paving over prime recharge land and now MID is selling the water to the bay area instead of “investing” the water locally.  We have land on the west side of the county that remains fallow because of the lack of water.

When appealing to MID’s ratepayers didn’t work, Mr. Short fell back, regrouped, and decided to go directly to the business community and arranged a discussion with Modesto’s Chamber of Commerce.  Nothing wrong with that except the Chamber decided they didn’t need to hear other points of view and they being men of industry could separate the wheat from the chafe. 

But I ask, how can anyone make an informed decision without hearing all of the facts?

Several truths are known, MID has a recent history of bungling everything it touches.  Take the water plant as an example, MID created a list of 100’s of construction design errors and construction defects.  Who is going to pay the potentially $100’s of Millions to redesign, tear out and rebuild this water plant expansion?  Probably the ratepayers and citizens ofModestowill. Yes there is an ongoing lawsuit against Black and Veatch but the blame could go either way or more likely be apportioned.  Again who cleans up the mess by picking up the bill?  Ratepayers!

Recently a ratepayer was asking questions at a MID Board Meeting Board. President Tom Van Groningen had a citizen escorted out by a hired badge and gun for disagreeing with him. 

We understand the lure Allen Short and staff are facing, a chance to play big wig, get lots of free lunches all paid for by someone else, You and Me.  Until they ”discovered” this new revenue stream no one had made a big deal about these suddenly needed improvements.  After all, paying down the $1.3 Billion in debt three of these Board members (four if you count their leader Allen Short) racked up they decided it wasn’t sexy enough so instead of making our selves financially sound lets spend it!

Did anyone from the Chamber of Commerce ask that question?  Not from what I heard.

Tonight on local cable there will be a discussion of MID’s proposed water sale on the Assyrian Channel (23 on Comcast). It will be available by streaming video at

http://www.betnahrain.org/kbsv/kbsv.htm

Other articles of interest:

https://eyeonmodesto.com/2012/01/28/january-24th-modesto-irrigation-meeting/

MID is Being Challenged for its Exorbitant Charges

Dear Allen:
 
Under the tenets of the California Public Records Act, and on behalf of the Stanislaus Taxpayers Association, I make the following requests for public records and information:
 
(1) Please provide me with all documents that the District used to determine that 25 cents per page for copies of public records is reasonable.
 
(2) Separate from No. 1 above, please provide me with all documents The District used to determine that the fee the District charges for copies of video records is reasonable.
 
(3)Separate from No’s. 1 and 2 above, please provide me with all the documents that the District used to determine that when the District provides damaged, incomplete or unusable DVD’s to the public, it is required that the public spend its time and energy to bring the unusable DVD to the MID offices and surrender that public document, prior to the District providing a replacement DVD, which would require yet one more trip, and expense, to MID offices.  
 
Thank you, Dave Thomas, President, Stanislaus Taxpayers Association

=

MID Attorney O’Laughlin Gets $102,280 for January from Ratepayers

By Emerson Drake

With some people there is no end to greed and it seems Modesto Irrigation District attorney Tim O’Laughlin of O’Laughlin & Paris LLP is no exception.  He went out of his way to troll for business on Tuesday denying a ratepayer the right to discussion during the Consent Items portion of the meeting.

Director Byrd had asked questions regarding Consent Item #1, a motion to approve Warrants in the amount of $970,523.55. He had question relating to the details behind the costs regarding several items.  Some of these were answered completely by staff and others vaguely with the caveat they would provide further detail at a later date. 

While the individual items were under discussion it was thrown open to public questions.  When a ratepayer asked for information regarding two items on the warrant list they were told by Tim O’Laughlin that they would receive their answer via Public Records Act or (PRA).  What many aren’t aware of is attorney O’Laughlin’s company gets paid extra to process these very requests.

Now MID’s own guidelines say that discussion will only take place if an item is pulled.  The question should have been answered immediately but O’Laughlin decided to create some work for his own company and denied the ratepayer the answer. During the meeting it was pointed out to the Board, that when addressing theCountyBoardof Supervisors or the Modesto City Council regarding Consent items, the answers are forth coming immediately.

A conversation with MID Board President Tom Van Groningen after the meeting suggested the questions should have been answered at the time of the query and the situation would be rectified by the next meeting.  On that we’ll have to wait and see. Not that we doubt Director Van Groningen’s word but in the not to recent past Dave Thomas of the Stanislaus Taxpayers Association had worked out an arrangement with MID General Manager Allen Short, only to find out at the next meeting that Mr. Short tossed the agreement aside and continued on as he had previously. It was suggested attorney O’Laughlin had something to do with the change of heart. So until we see if O’Laughlin is allowed to continue to drum up business for his own firm, the only position we can take is to bide our time until the next meeting.

The larger question remains as to why MID’s own attorney is allowed to generate unnecessary work for his company.

The answer to one of the questions, the Chamber of Commerce is celebrating their 100th anniversary this year and MID decided to spend $1,000 of ratepayers money to buy a page in their “special” anniversary issue.

You can decide for yourselves if you believe this is a judicious way to spend your hard earned money.

By the way, the Chamber of Commerce will be receiving a private presentation of the   MID water sale propaganda before the rate paying citizens do.  When queried, Cecil Russell, the Chambers CEO, wasn’t concerned that they wouldn’t hear both side of the discussion.  He believes these “Businessmen” can discern what needs to be done without all of the facts.

We believe, just as in a political debate, both side of a discussion should have the opportunity to present their points of view.

No offense to anyone but maybe the ratepayers who have spoken up against the water sale should have bought a page in their anniversary issue too.

For February 27th on Athens Abell’s ‘On Watch’ cable television show proponents for the sale of water have been invited, Josh Vanderveen and a representative for the Latino Roundtable either Armando Flores or Ruben Villalobos have been invited as they have been outspoken at MID meetings.   Two individuals who have spoken out against the sale, John Duarte and Todd Sill have been asked to come and represent the anti-sale side of the discussion. Final details have yet to be worked out.

January 24th Modesto Irrigation Meeting

Let the War for our MID Begin

By Emerson Drake

It was nice to see one of our newest Board members asking question regarding expenditures.   In the distant past that was a mainstay of Cecil Hensley, requesting information and challenging what he considered frivolous spending on the part of staff.  Larry Byrd was just seeking background of the Warrants or ‘bills’ MID was paying this month.

We were forced to endure a 50 minute workshop by Carol Whiteside regarding Board members Roles and Responsibility or Board Theory 101.  Unfortunately it didn’t cover the topic everyone believed was going to be covered, the reason for November 22, 11 meeting, A Resolution approving Modesto Irrigation District Board Policies regarding Board Governance Process and Board –Staff Linkage.

I know that’s a mouthful but its the Resolution Allen Short attempted to push through for MID Board approval after the election but before the new Directors could be seated and vote on the subject.  Both of the new Board members requested it be delayed until they could discuss and provide input on the subject.

When the embattled long timers on the Board have no idea of which way to turn, they fall back and punt.

Watching Board President Tom Van Groningen crawl sideways in response to a question from a ratepayer and claim in today’s meeting that these were just guidelines and not cast in stone, had to be seen to be believed.  There’s no nice way to say it because he was literally lying through his teeth. Originally the plan was to pass this resolution word for word.

Many people spoke out during the input for the good of the district portion of the meeting but fireworks erupted when Dave Thomas of the Stanislaus Taxpayers Association spoke.  Dave has been instrumental in trying to get information out of MID through Public Information Act Requests.

As many are aware MID hasn’t been forth coming with these requests.  We’ve had to go so far as to have a Letter to the Editor Published in the Bee to hold MID’s feet to the fire.

It’s felt that MID General Manager Allen Short over stepped his authority when he went to Washington and talked with Senator Diane Feinstein regarding the sale of water to the City and County of San  Francisco.  When he pressed former Board President Director Paul Warda if he had made a special request of Allen Short, Director Warda stated he had not.

At this point Tom Van Groningen became combative with Mr. Thomas and used about a minute and a half (no I didn’t time it)  of Dave’s alloted time and when the buzzer went off indicating Dave was out of time, Tom Van Groningen became aggressive pounding his gavel repeatedly unwilling to allow Dave to finish his statement despite the fact Van Groningen had “stolen” time  from him against past MID Board policy. Director Van Groningen became so incensed his face turned beet red and spittle flew from his mouth as he repeatedly slammed the gavel down.  Van Groningen was so rattled he then declared the meeting in recess and had an armed security guard remove Dave from the meeting.  Dave being the gentleman that he is left without further incident.

 Dave had written a records request and he read it into the record. The following is Dave Thomas statement to the board in its entirety in its original letter format.

. To:   Chairman of the Modesto Irrigation District Board of Directors, Tom VanGronigan

Tom, my good friend, we have served on several committees and boards since the early 1990’s.  We pretty much know each other.  I meant to write this request Tuesday afternoon, but just could not get to it.  I am pretty sure that we are quite busy, and you understand that this request is less timely than I want. 
In any case, I, and the Association are in need of information regarding Allen Short’s October visit to  Washington D. C. to visit Senator Diane Feinstein, Congressman Jeff Denham’s assistant, Nancy Pelosi’s Policy Advisor and two FERC officials.  This means that I am required to make a request under the tenets of the California Public Records Act, we request the following information:
    1.  MID counsel O’Laughlin responded to my PRA request by sending me a letter signed by Allen Short and addressed to Senator Feinstein, the first sentence of which thanks the Senator for meeting “…with the group from Modesto Irrigation District and City and County of San Francisco.” regarding Allen’s “deal points” for a 27,200 acre foot water transfer of MID water to San Francisco. 
        During the Jan 24th MID meeting, you refused to identify the “group” of people from MID and CCSF who met with the Senator.  This refusal requires me to make a PRA request to tell us exactly who visited the Senator with Allen.  Please tell us the name and title of every person who visited with Allen and the Senator.
    2.  Please tell us if you were one of the people who were in the group mentioned in #1, above.  Moreover, identify any other MID AGM’s, managers, any MID employee, spouse, relative or friend that accompanied the MID entourage whether they paid for their expenses or their expenses were paid by MID
    3.  Please tell us the dates, locations and reasons for the visits, of every meeting you have had with Allen Short and/or Tim O’Laughlin, from July 1, 2011, to Jan 23, 2012.  This includes every non-scheduled MID Board meeting, whether just you and Allen, or you and Tim, or both Allen and Tim and others.
    4.  Please tell us what expenses MID has paid for your travel, entertainment, any auto expenses, any other payments or reimbursements whether cash or credit card, from July 1, 2011 to Jan 23, 2012.
    5.  Finally, during Tuesday’s meeting, last year’s Board Chairman, Paul Warda, admitted that Allen’s trip to Washington D. C., as described in #1 above, was not authorized by the BoD.  Please confirm, as current Chair, that this trip was outside the authority vested in Allen.  Or, if you know that Allen’s trip was appropriate under Resolution 95-66,or any other Board sanction, please tell us.

    Thank you, Tom, I appreciate your candid, transparent and complete response to our request.  I know you are committed to total transparency in all your efforts to protect the MID customers.
    Dave

I have made similar Public Information Requests since the meeting and will be following them up.

Today’s MID Meeting

Well it was as rowdy and contentious as any I’ve seen. The public’s distrust of the senior members of the Board, Tom Van Groningen, Paul Warda, and Glen Wild and especially General Manager Allen Short was not only palpable but jumped right out at all of those present.

No one trusted Allen Shorts benign comment “it’s just a sale of 2,200 acre feet to the City and County of San Francisco (CCSF) that could end up at over 25,000 acre feet per year for 60 or more years.  But today we’re only discussing the sale of 2,000 acre feet.”

This was in the Board agenda report that was available at the door and on the website www.mid.org

The first speaker was John Duarte, who laid it on the line regarding his belief the water was more important to the citizens and farmers of the valley than it was to the CCSF. John was a nonstop ball of fire or to better describe it he came out both guns blazing, loaded for bear and I hope he’ll send us his speech for publication here.

His finish was greeted by resounding applause from the audience, which irritated Board President Van Groningen to no end.  Speaker after speaker got up and deplored the thought of selling our water to the bay area.  The audience, many who attend on a regular basis, were obviously fed up with Van Groningen’s restrictive controlling ways and continued to applaud the speakers.

Several asked why the public meetings and the accompanying comments hadn’t been recorded.  Due to schedule conflicts I only went to one of the four public meetings which were held and the sentiment there was overwhelmingly against any sale what so ever.  According to comments made today the others were the same.

When Van Groningen claimed he had heard many comments for the sale at meetings he was laughed at.  Another speaker suggested this was why they didn’t record the meetings so they could spin the responses and deny what really happened.

Dave Thomas, President of the Stanislaus Taxpayers Association, during his allotted five minutes, tried to delineate the mismanagement of MID since the arrival of Allen Short but even though he hurried he ran out of time for the obvious reason there are just so many to recount.

Among the ones he mentioned were the Mountain House debacle which is still losing us Millions each year, the under funded MID pension plan, the four cities fiasco where we still have approximately $3.5 Million worth of equipment just sitting around wasting away that will never be used, the $6 Million Don Pedro warrantee allowed to lapse on a roof there, a ‘new’ water treatment plant that could cost $80Million to replace or repair, and of course the Bio-mass plant which cost ratepayers 2 plus million to get out of the lawsuit that attorney O’Laughlin said we didn’t have to worry about.

MID attorney Tim O’Laughlin snarled at Dave Thomas within seconds of Thomas’ 5 minute signal sounding.  Why he did that could be considered obvious.

O’Laughlin has been taking fire in recent months for dragging his feet and placing unnecessary obstacles in the way of Public Information Requests (see today’s editorial page, letters to the Editor of the Bee.)  But apparently he felt the need to personally attack Dave Thomas for his remarks about Allen Short and Thomas wanting to finish a final sentence.

At the end of the meeting Director Larry Byrd made a motion to shelve the project, which died for lack of a second.

Nock Blom explained he wanted to get all of the information before he made a decision.

The outcome was 4-1 with Larry Byrd being the only dissenter.

I only wish I could do justice to all of the eloquent speeches given today but I can’t.  So please everyone take a moment and comment to www.EyeOnModesto.com   You all deserve to be heard and I’ll make sure everyone gets posted.

.

MID is Ignoring and Delaying Public Information Requests

By Enerson Drake

In order to obtain information from  public agencies  they otherwise would prefer to keep removed from the public eye, we sometimes find it necessary to make Public Information Requests.  Officially it’s known as California Code 6250-6270.

It requires public agencies to respond to the request within 10 working days and has an emergency extension of two weeks if invoked.

But MID Attorney Tim O’Laughlin reads the code differently than any other attorney we’ve encountered.  He seems to believe MID can ignore, purposefully misunderstand and  delay indefinately answering questions put to it, and basically flaunts the regulations with complete disregard to the law.

We’ve had Public Record Requests in since October that the MID legal staff refuses to acknowledge.  When a request was made on November 16, 2011  for three pieces of information, we received only one on December 19, and that was after we prompted them yet again.  The second was pushed off indefinitely ( Tim O’Laughlin  basically said you’ll get it when we feel like giving it to you),  the third piece requested at the same time was dutifully ignored.

When we reminded MID of the second and third items, attorney Tim O’Laughlin then has attempted to restart the clock.

Is he working in conjuction with MID General Manager Allen Short and the three members of the old guard, Tom Van Groningen, Paul Warda, and Glenn Wild?  These are the men responsible for MID’s continuing mismanagement and have all voted for the last rate hikes of 7.5% (last year) and the recent 2% increase.

MID is owned by the ratepayers but these men have run it into the ground and need to be stopped.

This delay of information should not and will not be tolerated by the public.

Here is a link to the  California  Code: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=06001-07000&file=6250-6270

Residential Customers pay 82% more for Electricity than Industrial Customers

By Emerson Drake

Yes I know it’s a surprise for most people but if you pay more than $100 dollars a month you are paying almost twice what industrial customers pay.

Ok, so you want the specific breakdown? Here it is:

Industrial customers  pay $0.085 per KWH.

Home customers  start paying at $0.1367 KWH for the first 500 KWH (kilowatt hours) which equals the first $68.35 of your electric bill.

From there on they charge you $0.1498 KWH or 82% more than industrial customers pay.

Commercial customers pay $0.121 KWH, so residential is 73% more than commercial.

Literally, everyone else pays less than the average residential user.  Now there are breaks for low income and medical customers but residential users pay for that, too.

MID retail revenues come to approximately $300M.  Of the $300M, Residential pays $133M, Commercial $87M, and Industrial pays $60M.

So while residential users only consume 32% of the total electricity sold they pay for 44%.

Since all of the money MID collects is thrown into the pot to pay their bills, basically residential sales are helping to subsidize all of the rest of MID business.

Now don’t forget the monthly $12.50 ‘user’ fee they charge just to have a line to your home.  And it’s charged even if you don’t buy electricity from them. And there are a lot of residential users 92,160 vs 19,219. We are the people electing the MID Board and yet we are the ones paying the most.

Totals of revenue vs power consumption

Residential:    $132,690,000M         893,956 KWH

Commercial:  $ 87,000,000M          726,854 KWH

Industrial:       $ 66,503,000M          786,935 KWH

Other:             $12,868,000M          120,286 KWH

For this we can thank longtime MID Board members Tom Van Groningen and Paul Warda along with MID General Manager Allen Short. During their time on the Board we went from owing less than $100Million to an astronomical amount of $1.2Billion Dollars.

The term mismanagement just doesn’t fully do justice in describing their actions during this time.

The following is the MID report I pulled the information for this article.

MIDAR2009-FINAL[1]

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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