Monday, June 20, 2011

June 21, 2011 City Commission Agenda

Here is the link for the city commission meeting agenda for June 21, 2011:


https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0BxG0kJQuAjrsNDcyZWViZWMtOGE0NS00YTRkLWI4NGUtY2Q4NmFiMGQzNzNh&hl=en_US

CONFLICT OF INTEREST!

Answers to the most frequently asked questions about the Texas Conflicts of Interest Laws
By Office of the Attorney General.

Here are some that we really need to look at and be concerned with how Johnny Cuellar and some other commissioners have voted on several contracts:
7.  Is the fact that a local official is employed by a business entity sufficient to create a potential conflict?

Being employed by a business entity will prevent a local official from discussing or voting on his governmental unit’s contract involving that business, provided 10 percent or more of the official’s previous year’s income came from his employment with that business.
9.  May an indirect benefit from a contract with a business constitute a possible conflict of interest?

In certain situations, an indirect benefit that a local official may receive regarding a business entity may be sufficient to constitute a conflict of interest.  For example, the Dallas Court of Appeals concluded that the definition of “substantial interest” did not distinguish between funds received directly from a business entity and funds received indirectly.  Whether a particular interest was a “substantial interest” was a question of fact.
15.  May a local official deliberate about an issue for which the official has a conflict of interest if the official abstains from voting on the issue?

A local official may not discuss an issue for which he has a conflict of interest even if he abstains from voting on the item.  If a conflict of interest exists, the official must file the required affidavit, and both abstain from discussing the matter and abstain from voting on them.
A member of a governmental body does not participate by merely attending an executive session on the matter and remaining silent during the deliberations.  However, it may be wise for the interested public officer to refrain from attending open or closed meetings that address the matter in which he is interested.

Here I am going to provide a link for both city commission meetings where they gave the enterprise fund away without discussing numbers or even soliciting bids.....5 citizens spoke against giving it away but they didnt mind them they had there agenda and this was decided long time ago....

Please look carefully on who is making the motions etc. etc.  ITs Johnny Cuellar and its Robert J. Garza....Rumor has it that Rey Alegria (who was working for BFI during these discussions, he might still be but better yet he is a school board member in Donna and used to be a city commissioner there....he is known to make back room deals....he did it in Donna and I caught him in one....)....

June 15, 2010 minutes
July 6, 2010 minutes

Saturday, June 18, 2011

ALLIED WASTE????????

here is an article written by Raul Garcia on Allied waste and the city....here is the link: http://smoothraul.blogspot.com/2011/05/braking-up-of-weslaco-garbage.html
he has several articles about this so go ahead and read them....
It states that an hour after swearing our Mayor Mike Wise the commission voted on giving our way this enterprise fund......guess who put it on the agenda?  Johnny Cuellar....he also made the motion even after Commissioner Tafolla and Rodriguez wanted to table it to get more information but no....The big question is, why the rush into this? It was projected to make 2.8 million before they gave it away.....It made 2.2 million in fiscal year 2006 that was actual.....Commissioner Cuellar's justification was because the city pays 200k a year in maintaining operations and the city would save on equipment repairs and purchasing equipment....

Folks, I don't have a PhD but I have several businesses and I know numbers and 200k is a little less than 10 percent of the gross revenue it was producing, how much in maintenance and equipment were we going to spend?  This was a bad business decision and one can only speculate why?  Is it because some of the commissioners that voted for it were going to get their beak wet?
Is it because Johnny was going to get his common workers hired there? 

Sunday, May 8, 2011

The braking up of the Weslaco Garbage Collection


By Raul Garcia

One hour before the swearing in of Mayor-elect Mike Wise on June 15, 2010 the Weslaco City Council voted to enter negotiations with Allied Waste Services to explore amending their existing contract to pick up the public's solid waste.

The City of Weslaco’s 2007 five year Fiscal Forecast estimated the Sanitation Fund’s Garbage Fees would have produced 2.8 million

The City of Weslaco’s 2007 five year Fiscal Forecast estimated the Sanitation Fund’s Garbage Fees would have produced 2.8 million in 2011. In 2006 the actual revenue Weslaco raked in with the Garbage Fees alone was 2.2 million.

Discussions to consider entering a contract with Allied Waste Management for collection of solid waste services dates all the way back to June 2004. According to the December 7, 2004 meeting minutes, then Mayor Joe Sanchez asked if the city was amending Allied Waste Management’s current contract and City Attorney Ramon Vela said it would not be since Allied Waste’s Brush contract was on a month-to-month basis.

According to the Weslaco City Council Minutes on March 16, 2010 Commissioner Cuellar made a motion to amend the existing contract noting the City spent $200,000 to maintain the operation of the solid waste collection on an annual basis and the city would save on equipment repairs and purchasing equipment.
At the June 15, 2010 City Council meeting when City Manager Leo Olivares was given authorization to negotiate with Allied Waste Management under the terms of the current contract a rate to collect the residential garbage for the City of Weslaco and present the proposal to the City Council for their approval.

Mayor Pro-Tem Rene Rodriguez and Commissioner Jerry Tafolla asked to table the motion because of concern regarding the employees and to explore the benefits of privatizing the Sanitation Fund’s Garbage Collection.
It should have been tabled because we didn’t go out for public sale,” Commissioner Tafolla said. “We should have allowed other companies to submit their bid.”

All Valley Waste owner, Paula Villanueva said in a letter to the City of Weslaco, the city has a waste management collection system in place and it would be a big mistake to give the residential waste contract to a private company.

“The city will be committing financial suicide by eliminating this source of income,” Villanueva stated.

One year later the garbage collection fleet and employees are gone so is the City of Weslaco better off with the privatization of the residential garbage collection to Allied Waste Management?

Posted by Raul Garcia Jr. at 4:11 PM


Wednesday, June 15, 2011

Potential Conflict of Interest and Ethics Violations?

Extra Extras, Inc. is a temporary common worker employer that is licensed by the state of texas...."Common worker" means an individual who performs labor involving physical tasks that do not require:  (A) a particular skill; (b) training in a particular occupation, craft, or trade; or (c) practical knowledge of the principles or processes of an art, science, craft, or trade.
Well our mayor pro temp. Johnny Cuellar has such a company and it just got licensed by the state of texas about 6months ago...prior to that he still had the company and was operating without a license.  The question is if Johnny Cuellar uses is influence and vote to award city contracts to companies like: OMI, CDM, ALLIED WASTE ETC.ETC..then that is unethical and a major conflict of interest...I hope that is not what happen with the Waste contract that got given to Allied waste without going out for bids and this happen right after Johnny Cuellar got majority of the commission...I have requested that contract and the minutes of the vote which I will post for you all to view...
He will argue that he does not owe 10 percent or more of the stock of the business entity but the real question is did he received from that business entity an amount above 10 perecent of his gross income for the previous year.?  Regardless of the percentage if he did not disclose his business affiliation with all the companies he has a relationship then he has violated the law according chapter 176 of the local government code......below is a link to chapter 176.
https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0BxG0kJQuAjrsNDA1ZjRiYzAtYWUyNC00M2QxLWJiOTQtYmRjZDNkODI5ZjMx&hl=en_US