Eye On Modesto

Thoughts and observations about Modesto and Stanislaus County

Archive for the tag “tom van groningen”

“On Watch” Cable TV Comcast 15, Streaming Video and 89.5FM

Emerson Drake
I’m guest hosting Athens Abell’s cable TV show “On Watch” at 6PM tonight Monday July 16th. Supervisor Terry Withrow will be there to discuss farmland mitigation. I’m doing a segment on Modesto’s negotiating with MID and Modesto City Councilman Dave Geer will be my guest. And if time permits a segment on the County Fair. It’s all on Comcast channel 15 the Assyrian Channel and online via streaming video and KBSV-89.5 FM 

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

More Corruption at MID

From Dave Thomas,

In  one of the most egregious in-your-face deals imaginable, Allen Short has made a deal with MID union employees to increase their already bloated salaries by 4%.  That is correct, “The contract was drafted with the help of an outside negotiator.  Two of the three bargainin  units have accepted it, MID General Manager Allen Short said.” (The Modesto BEE, page A-1, July 16y, 2012)

        If we did not understand how out of control MID management is, this should be the final teachable moment.  Remember, that $100,000 a year meter reader gets another $40,000 in benefits, partly because he pays NOTHING into his pension.  Short’s pay will likely be increased by a lame Board of Directors, meaning a monthly increase of about $10,000.

        This pay raise will also be used to justify the next electricity rate increase. 

        If there was ever evidence that Short must go, this is it.  Also, Glen Wild and Tom VanGronigan will be up for re-election next year.  Remember this when you vote.

        Thank you, Dave

Muratore Stabs Constituents in the Back

 By Emerson Drake

When MID’s General Manager Allen Short and attorney Tim O’Laughlin made their water presentation to the Modesto City Council, they deliberately misled them regarding the reliability of Modesto’s water supply from MID.  This was acknowledged by the Council when they finally had the opportunity to read the proposed contract with the San Francisco Public Utility Commission , also know as the SFPUC.  O’laughlin had the audacity to stand  in front of the Council and claim the contract would protect Modesto and keep Modesto first when it came time to divvy up available water.

Obviously that was just a lie.

When the council first voted in closed session it was 5-2 for exploring a lawsuit against MID for violating a  2005 contract. But before it became public the Council took another vote which made it a unanimous 7-0 vote.  Councilman Lopez spoke about this in open session. The two votes against were Mayor Marsh and Councilman Lopez.

 Councilman Muratore Betrays Modesto and Changes His Mind

Unfortunately MID Director Tom Van Groningen has since somehow  “persuaded” Muratore to change his mind and suddenly Muratore loves the proposed water sale.  What arguments did Van Groningen use?  Did he magically make more water appear in Don Pedro? No. Was he able to convince the SFPUC to take a back seat to Modesto and the farmers?  No.  So what did he dangle in front of Muratore to change his mind?

Well we do know from past experience with Councilman Muratore that money talks.  Maybe VanGroningen apologized for not passing a special exemption when Muratore, Swehla, Endsley and Hawn brought a solar project to the MID board.  Unfortunately that time Swehla screwed the pooch and failed to meet a paperwork cut-off and the project wasn’t eligible for the increased financial inducement which would have made the project viable, costing their fledgling company any chance of remaining in business.  And of course we remember Van Groningen supported Endsley’s biomass/garbage burner plant which cost ratepayers $1.292Million dollars. The $92,000 went to MID attorney O’Laughlin’s firm, but hey, who’s  counting?

Maybe a Forensic Auditor should be brought in to examine MID’s books given the revelation MID’s General Manager made when he admitted he had funneled money to political consultant Mike Lynch through Martino Graphic Design,INC. Has he done this before?  Have they paid a political consultant through a graphic design company or another company unrelated to political consulting to disguise their intent?  Couldn’t this sleight of hand be considered illegal, especially if there is evidence of this not being the first time?  Lynch has been making the rounds whispering in the ear of political wannabes like Councilman Lopez’s stepson Josh Vanderveen, who has been speaking out for the sale regularly since this issue came to light. Up to this point there hasn’t been enough known inducement for Lynch to be making promises to so many political candidates.  And of course it can’t hurt that Councilman Lopez has been making discrete inquiries about running for Supervisor Dick Monteith’s job when the supervisors term expires.

Whatever VanGroningen whispered into Muratore’s ear worked and as a result the potential vote is now 4-3 regardless of anything you’ve heard.  Now all eyes are on Councilman Cogdill to see if he’s as honorable as we hope.

Above all we need Council members to watch out for the Citizens of Modesto’s best interests and not their political careers or their wallets.

Important MID Up Date Here’s the Latest Information about the Water Sale

From Reed Smith

Concerned water users:
 
Director Larry Byrd stated today that MID has four (4) votes IN FAVOR OF SIGNING THE CONTRACT.  Any utterances by Nick Blom, Jr. or Paul Warda to the contrary are not true.  Blom and Warda are so strongly in support of the sale that Byrd fought for an hour and a half today just to prevent MID Board from voting on this contract on July 10.  His successful result is that they will vote on July 24, 2012 to approve the sale.  We gained 2 additional weeks to prepare, thanks to Larry.
 
 
 
You will see that there are no substantive changes from the Draft stating that is was entered into January 24, 2012.
 
 
Our < stopMIDinsanity.com > efforts already include:
 
• Supporting City of Modesto Councilpersons in suing MID as first-parties to a breach of contract.
 
• CEQA compliance litigation preparation.
 
• 3rd-party lawsuit against MID for breach of contract.
 
• Referendum
 
• Recall of Board President Tom Van Groningen and Nick Blom, Jr.
 
• Possible recall of City Council members who support the sale by voting to restrict the City of Modesto from defending it’s contractual water delivery agreements through litigation.  We feel this is the first line of defense.
 
• Economic analysis for litigation support
 
• Hydrology technical assessment and support
 
We will keep you apprised of developments as they evolve.
 
Fundraising is now a critical component to our success, so any referrals to potential supporters will be important.  We have a goal of $250,000 in the next 60 days.
 
Regards, Reed
 

More Water Sale Information You Need to Know

By Reed Smith

Right now, MID has overcommitted it water resource by 71,804 acre feet, with no drought and no sale to SF.  With the sale to SF, that increases to 99,044 AF (and still no drought) of water MID does not posses.
 
This irrigation season, MID farmers are getting their full 42 acre inches of surface water deliveries.  Based upon rainfall, MID should have drasticaly cut water deliveries like Turlock Irrigation District did by cutting 50%. They politically could not document the drought with delivery reductions.  The MID Board, motivated by unknown incentives, is going to sell ALL of our water to SF.  I say ALL based upon the fact they are already breaching a written signed contract with the City of Modesto.  If this Board is willing to breach a written contract with their primary customers, and voters who elected them, they will do anything.
 
 
The MID proposed contract gives SF first right of refusal for all future sales.  Let’s connect the dots.  MID sells water they do not have, directly taking it from a populace that has a written contract, in order to provide it to the SFPUC and the Cargill development.  How is Modesto to protect any of it’s water with Nick Blom, Jr., Glen Wild, Paul Warda, and Tom Van Groningen sitting as Directors?  We can’t.
 
The City Council has the most direct power to stop this sale by enforcing, by litigation, the written contract it has with MID:  Appendix E: Water Treatment and Delivery Agreement.   This document is enforceable, and will prevent the sale.  THE PROBLEM:  Rubin Villalobos along with a handful or others are trying desperately to “flip” the 7 to zero City Council vote to sue MID to a 4 to 3 against suing MID.  Villalobos’s letter of May 4, says explicitly his purpose:  to stop the vote to sue MID.  Why would he do that?  He is being paid to do that, claiming he represents MCS, when MCS’s write he does not, all the while he is representing another paying client.  Villalobos profits from claiming to represent MCS, to the detriment of MCS.  We do not know the name of the real client.
 
Let me run through the math:  It takes 42 acre inches to grow an almond crop EVERY YEAR.  A farmer cannot skip an irrigation year because he did not get water.  The tree dies.
 
If MID sells to 27,240 AF of our water to SF, the resulting –99,044 AF from the over-obligation table can only come from one place, agriculture.  Ag gets, on average, 191,000 AF.  Subtract 99,044 AF from that and you have a 54.7% acreage loss to ag.  That means that permanent-crop farmers will have to fallow 54.7% of 58,000 acres, or saying it another way, turn 31,726 acres into desert, right in our midst.  Each acre, if growing almonds, the farmer generates $5,700 worth of almonds at the farm gate [3,000 lb. almond yield (non-pereil + pollinator) x $1.90/lb = $5,700 /Acre].  That money is, in turn, circulated throughout the Modesto community seven (7) times, as per Cecil Russell, Modesto Chamber of Commerce Exec Dir.  So, we take a loss of 31,726 acres x $5,700 farm gate value per acre x 7 times economic multiplication factor = $1,265,967,400 ANNUAL LOSS to MODESTO.
 
Stanislaus County will be an economic desert by 2018.  We have approximately 20% unemployment in our county now.  WHAT WILL IT BE LIKE LOSING $1.26 Billion from our Stanislaus economy?  AND, WHAT WILL CRIME BE?
 
MID does not have any water to sell.  The sale is fraud and grand theft.

Reed Smith’s Response to Tom Van Groningen and MID

When the FACTS fail MID Director Tom Van Groningen, all he has left is opinion.

 

Let me start by commenting that Tom Van Groningen (TVG) is only President of the MID Board, because heappointed himself President.  There was no vote for him to dominate the conversation at MID.  He claims to be the only one in the room in command of the “FAQ’s” (made-up false statements).  That is distinctly different than “FACTS.”

TVG states “the dialogue has generated some misinformation and I’d like to set the record straight.  The water transfer under discussion doesn’t include the sale of water rights”.  I guess TVG’s FAQs do not match up with the FACTS presented by the Chief of Water Rights for the CA State Water Board, who told us a 50-year water sale contract is absolutely a waiver of water rights.  MID will never get the water back.

TVG has been staging this SCAM since at least 2008, yet his ploy of the week is to scare you into the FAQ that the deal is NOW “urgent”.  The only thing that is urgent is the cash that will be skimmed off this deal.

TVG states: “The necessary infrastructure improvements are many, . . . These improvements will enhancewater use efficiency, increase the system’s flexibility and ensure reliablewater for our customers.”  This statement baffles me, as his staff and consultants were asked for the specific assessment reporting on the flume.  There are none.  No analysis has been done.  How can he state it is crumbling when he has not even looked?  Where is the X-Ray analysis of the structure?  His senior water engineer said in a MID Board meeting this year that if the flume started to leak because of an earthquake, it could be repaired within 5 days for approximately $55,000.  That made TVG furious (great video), and in the name of “civility” he called his own senior water engineer, with 35 years of MID experience, a LIAR during a MID Board meeting.  Wow.  I guess I missed the engineering degree on TVG’s resume.

I would like to point out that the Roman Empire’s first aqueduct was constructed in 312 BC, and much of these were constructed with concrete, the same as the Geer Road flume.  Many are still in use today.  Pretty scary being just 95 years old, when heritage aqueducts are over 2,000 years old.  Yes, certainly urgent, yup, yup, yup.

If the funds from the water sale are for infrastructure, why did MID General Manager, Allen Short, tell MID water users in October, no less than eight (8) times that the income from water sales would ONLY GO TO “CURRENT OBLIGATIONS, not infrastructure”. Why? Please read MID’s Proposed contract for this sale on their website foryourself.  That would be a FACT TVG.  Exhibit D says: “POTENTIAL USES OF REVENUE – Water sales revenue will be used for water related costs including BUT NOT LIMITED TO: • Debt retirement, • Rate stabilization, • Improvement district repairs/updates, • Enhanced canal security, • Pressurized systems, • Infrastructure improvements, • FERC relicensing and related obligations, • Water conservation programs.”  I do not read any commitment to infrastructure here.

The only honorable and truthful MID Director, Larry Byrd, set the stage to document what the otherfour have been up to: they already voted for this water sale once on January 10, 2012.

This only reminds me of the semantic concept of “to rationalize” when broken down onto its component parts is a “rational lie”.  When FAQS from the MID GM, MID Gen. Counsel, and the other four Directors are demonstrably all “rational lies”, who can doubt they WILL VOTE FOR THE SALE on June 26.

Are you Concerned about the Proposed MID Water Sale?

Here is some interesting information from Reed Smith.

Attached please find a transcription of the Thursday, May 18 SFPUC’s Deputy General Manager and Chief Operating Officer, Michael Carlin’s, presentation on behalf of SFPUC GM, Ed Harrington, to the Bay Area Water Delivery and Conservation Agency Board of Directors meeting.  The section includes both Mr. Carlin’s presentation, and the questions and answers directly following and pertaining to his presentation. 
 
I think you will find the area bounded by a RED BOX on page 17 interesting.
 
Without prognosticating the inference of the key statement.  One might suspect that MID Director Wild’s assertion this past MID Board meeting on May 22, 2012 that his support for the 2,240 AF sale to the SFPUC is solely to make money for infrastructure ( a concept publicly not shared by GM Allen Short ) is probably out the window.  It appears that MID will be spending all of it’s income from this “drop in the bucket” (as characterized by Mayor Marsh) on litigation costs.  Net result: no income benefit to MID from the sale.
 
So, let’s see what the next excuse in favor of the sale from Director Wild is.  I can hardly wait . . .
 
 
 
 
 
From: Aaron Porter
Date: Tue, 29 May 2012 08:09:58 -0700
To: Reed Smith
Cc: “Allison C. Schutte”
Subject: RE: BAWSCA May 17, 2012 meeting?
 

Hi Mr. Smith,

 

Attached is the requested section of the transcription of the May 17, 2012 BAWSCA Board of Directors meeting.  The section includes both Mr. Carlin’s presentation, and the questions and answers directly following and pertaining to his presentation.  I hope this adequately meets your request, and if you have any further questions or requests, please let me know.

 

Regards,

Aaron Porter

BAWSCA

PagesfromBAWSCA-MAY2012-BoardofDirectorsMeeting

 

A Quick Peek Behind the Curtin at MID

Where do we know Martino Graphics from?  

 
The answer is simple, co-owner Marian Martino competed in the political forums to replace Kristin Olsen after Olsen abandoned her City Council position to be a State Assemblywoman.

 
At the time, when asked, Ms. Martino chose not to supply a reasonable explanation as to why she  bailed out of the running for the council after she was proclaimed one of the three finalists (and in many viewers minds one of the best selections).  Marian has been seen occasionally at MID meetings.  She never speaks but one has to wonder if political consultant Mike Lynch traded his support for MID Director in exchange for stepping back as a candidate for council.
 
MID General Manager Allen Short confirmed the money paid to Martino Associates, a Graphic Design firm,  actually ended up in  political consultant Mike Lynch’s wallet.
 
Nothing that MID Directors Tom Van Groningen, Glen Wild, Paul Warda or the people in the shadows behind them do can be taken at face value. 
 
And it appears that the evil emperor Allen Short has persuaded Director Nick Blom to join the dark side.

MID uses Deception to Hire an Old School Lobbyist

By Emerson Drake

It was revealed at Tuesday’s MID board meeting that General Manager Allen Short and MID Board President Tom Van Groningen used a company named Martino Graphic Design to funnel money.   This money went to a local political consultant named Mike Lynch, on MID’s bill paying ledger, under the guise of public affairs-2012 in the amount of $4582.97 for the month of March alone.  Mr. Lynch has his own consulting firm called, no surprise, Lynch Consulting, so why the deception?

Lynch has been going around to local political wannabees and others like Ruben Villabos,  Modesto School Board President and OFFERING his services to them when they run for election or re-election as necessary. One of Lynch’s most obvious Charlie McCarthy dolls (ventriloquist dummies) is Josh VanderVeen (LCR member), stepson to Modesto Councilman Dave Lopez. Both of these men and three others spoke for the water transfers.  As a long time MID meeting attendee it needs to be said none of these people ever came to a MID meeting until Mike Lynch became involved.

But Lynch found his “mother lode” in the LCR or Latino Community Roundtable. This organization which consists of 195 members, many of whom are politicians ($10.00 to those over age fifty, and then you get to vote for yourself) who have stood in front of the LCR hoping for endorsements.  LCR represents no constituency other than themselves and whom could only field 18 members at a recent political forum they held at, surprise, the Modesto School board office thanks to LCR  member Villabos.  While I’ll be one of the first to say LCR has many well-meaning members of the general public they also have those craving a seat at the local political table and Mike Lynch holds out his “free pass” to the promised land.

PART of your electric utility payments are being used to finance the posturing of political wannabees

Now campaign consultants have been making promises to candidates  for quite some time, after all it’s how they make their money, but to my knowledge this is the first time a public organization like MID has PAID  a consultant to potentially alter the political landscape using Public/RATEPAYER money.

Mike Lynch personally contacted each and every Modesto City Council member and asked for the Letter to MID not be written (it’s available on this website). Then Lynch sent Ruben Villabos, apparently his personal emissary, to a “private session” of the Council with foreknowledge of what was to be discussed.

Which Councilmember tipped of f Mike Lynch and Ruben Villabos about the secret topic?

That was the question at last night’s City Council meeting. Former Modesto Mayor Carmen Sabatino appeared in front of the Council last night to question the minutes of last weeks meeting which DID NOT mention Vallabos’ appearance. Sabatino questioned the validity of Villabos appearing and was reassured by City Attorney Susan Acala Wood his appearance was legal under the Brown Act. The Council said the minutes would be changed to reflect Villabos’ appearance.

But the over-riding question spoken by Councilwoman Stephanie Burnside was “who tipped Lynch/Villabos off?”  Nobody was forthcoming regarding this.  Looks went around the room but no one was willing to fess up. Needless to say  Diogenes is still looking with his lamp.

So where does this leave us?  Well, our electric payments are going to a political consultant without our consent who is bent on giving away our water, and our best hope, is the City Council sticking to their guns.

MID Pays Tim O’Laughlin $1.5 Million in the Last Two Years

By Emerson Drake

Talk about attorney’s fees…

So you wonder where your money went?  You wonder why the rates keep going ever skyward?  Thank Tom Van Groningen, Allen Short, Paul Warda, and Glen Wild for paying O’Laughlin over $100,000 for February alone. 

Where did his big jump in pay come from you ask? From accompanying Allen Short around trying to convince gullible citizens that selling our water makes sense.

To use O’Laughlin’s favorite phrase from a recent council meeting where he was faking surprise, “I’m Shocked, just Shocked!”

Do you wonder why the Modesto Chamber of Commerce fell in behind the water sale so quickly without truly giving those against the sale an equal hearing?

It’s all about money!

It’s called the Presidents Club Circle of Influence..

View of 10th street of Modesto.

View of 10th street of Modesto. (Photo credit: Wikipedia)

GOLD LEVEL. (check out Progress News pg. 9  next to the Lovelady’s ad) http://www.modchamber.org/news/default.asp

How did they get there? 

MONEY..the $1,000.00 ad they bought was a good start. But MID, using ratepayers money, is the gift that keeps on giving.

Want to buy influence in Modesto?  Just use a couple of Million dollars worth of electric and water ratepayers money to pay a  lawyer that keeps changing what he laughingly calls facts, buy a few ads, and you’re home free.

Some of you may believe the three obstinate minds,  Tom VanGroningen,  Paul Warda, and Glen Wild, can be made to see reason.  But as sad as it makes me to say it,

You’re wrong.

Post Navigation