Hockey Games
There's an old joke that goes, "I went to see a fight last night and a hockey game broke out!" It seems a hockey game broke out at last night's council meeting starting, at all times, during the pledge of allegiance! Hmmm... They started to say the pledge and a fight broke out? Not so funny is it.
Councilmember Martinez and Mayor Lanman exchanged harsh words as the audience stood with their hands on their hearts ready to pledge allegiance. Note to Lanman, that's a pledge of allegiance to the flag of the United States, not to you. For bizarre reasons, Flo and David called a special meeting on the regular meeting night and then to top that they eliminated council member comment period. The "special" part of the meeting was not intentional. Flo simply signed the agenda without proofreading it carefully. Par for the competence course. Not to worry says Flo, he checked with the attorney and everything is OK. Can I see that in writing? Those two have lost their credibility in quoting the attorney to justify their incompetence. Council and citizens should demand that all attorney correspondence be in writing. What are we paying that guy for, phone chats?
Martinez protested the poor job being done by emperor Lanman on "presiding" over meetings. Dave tried to gavel Oscar down like a child with a rattle. Oscar packed his papers, retrieved his hat and departed. The mayor's lack of respect is unacceptable. In his usual style, he then took the opportunity to bad mouth Oscar behind his back after he left.
On to business with three council members for a "special" regular meeting that Flo says Monte says is legal. For the record, Lupe "Homecoming" Devine was absent.
I'll summarize things here for now and post more later on individual topics. The pre-application for a FOUR MILLION DOLLAR DEBT was approved by council and Davey and Flo were given another all expense paid trip to Austin to learn stuff that most people could do with a phone call (at 32 cents a minute if you are the city). Where is the project plan to justify this debt? Even at zero interest, we would need to pay $200,000 a year for 20 years to repay this. We only take in about $300,000 in property taxes out of which almost $100,000 goes to debt already. Where is this payback money coming from? Hold onto your wallets, dinners in Austin isn't the only thing you are about to pay for. By the way, Flo finally acknowledged that this is a loan (without a plan) instead of a grant. Also, Flo keeps harping about citations for our sewer system to justify this. That is smoke and mirrors and has nothing to do with this DEBT. While our wastewater system is antiquated and could not be permitted today, the city's problems have to do with not having a storm water runoff plan. Work is underway for a grant on this so it is not an immediate issue; we are working on a plan.
On the budget stuff, Lanman and Sauceda suggested tabling this matter until we have a full council. Ridiculous. So now we will be six weeks into the new year before council considers the budget. Of course, the dynamic budget duo have not done their homework and prepared a written version of the revised budget for citizens and council. Incompetence or malfeasance? You decide. If they put it on paper, they must share it with the public. So they keep all the numbers in their heads. I guess that is why we pay him $65,000 a year, lots of big numbers in that head.
Plenty of discontent is circulating about the increase in Fire/EMS fees. At least 57 people have asked to have that voluntary fee removed from their bills. They simply don't trust Flo with even five or ten bucks a month...
The expenditure report agenda item caused a bit of flurry as well. Finally, Flo produced an expenditure report that conclusively proves that he doctored the city's budget without council approval. This is against the law. He did not want to share the balance sheet either. This had big flags on it like "problem with cash drawer" and "problem with EMS" but council approved it because they don't know what else to do. How about demand an explanation and full report!?!?
With the recent council changes we have a new municip-a-trois to entertain us. Dave feeds Flo no-brainer lines that allow Flo to pump himself up about saving money by negotiating lower rates with MISD for tax collection. Gloria is there to second any motion that Dave needs. We will see how long this lovely triangle holds up....
Stay tuned for more fun with Dave and Flo at taxpayer expense at the next super-special regular-irregular city council hockey meeting coming soon to an arena near you.
Councilmember Martinez and Mayor Lanman exchanged harsh words as the audience stood with their hands on their hearts ready to pledge allegiance. Note to Lanman, that's a pledge of allegiance to the flag of the United States, not to you. For bizarre reasons, Flo and David called a special meeting on the regular meeting night and then to top that they eliminated council member comment period. The "special" part of the meeting was not intentional. Flo simply signed the agenda without proofreading it carefully. Par for the competence course. Not to worry says Flo, he checked with the attorney and everything is OK. Can I see that in writing? Those two have lost their credibility in quoting the attorney to justify their incompetence. Council and citizens should demand that all attorney correspondence be in writing. What are we paying that guy for, phone chats?
Martinez protested the poor job being done by emperor Lanman on "presiding" over meetings. Dave tried to gavel Oscar down like a child with a rattle. Oscar packed his papers, retrieved his hat and departed. The mayor's lack of respect is unacceptable. In his usual style, he then took the opportunity to bad mouth Oscar behind his back after he left.
On to business with three council members for a "special" regular meeting that Flo says Monte says is legal. For the record, Lupe "Homecoming" Devine was absent.
I'll summarize things here for now and post more later on individual topics. The pre-application for a FOUR MILLION DOLLAR DEBT was approved by council and Davey and Flo were given another all expense paid trip to Austin to learn stuff that most people could do with a phone call (at 32 cents a minute if you are the city). Where is the project plan to justify this debt? Even at zero interest, we would need to pay $200,000 a year for 20 years to repay this. We only take in about $300,000 in property taxes out of which almost $100,000 goes to debt already. Where is this payback money coming from? Hold onto your wallets, dinners in Austin isn't the only thing you are about to pay for. By the way, Flo finally acknowledged that this is a loan (without a plan) instead of a grant. Also, Flo keeps harping about citations for our sewer system to justify this. That is smoke and mirrors and has nothing to do with this DEBT. While our wastewater system is antiquated and could not be permitted today, the city's problems have to do with not having a storm water runoff plan. Work is underway for a grant on this so it is not an immediate issue; we are working on a plan.
On the budget stuff, Lanman and Sauceda suggested tabling this matter until we have a full council. Ridiculous. So now we will be six weeks into the new year before council considers the budget. Of course, the dynamic budget duo have not done their homework and prepared a written version of the revised budget for citizens and council. Incompetence or malfeasance? You decide. If they put it on paper, they must share it with the public. So they keep all the numbers in their heads. I guess that is why we pay him $65,000 a year, lots of big numbers in that head.
Plenty of discontent is circulating about the increase in Fire/EMS fees. At least 57 people have asked to have that voluntary fee removed from their bills. They simply don't trust Flo with even five or ten bucks a month...
The expenditure report agenda item caused a bit of flurry as well. Finally, Flo produced an expenditure report that conclusively proves that he doctored the city's budget without council approval. This is against the law. He did not want to share the balance sheet either. This had big flags on it like "problem with cash drawer" and "problem with EMS" but council approved it because they don't know what else to do. How about demand an explanation and full report!?!?
With the recent council changes we have a new municip-a-trois to entertain us. Dave feeds Flo no-brainer lines that allow Flo to pump himself up about saving money by negotiating lower rates with MISD for tax collection. Gloria is there to second any motion that Dave needs. We will see how long this lovely triangle holds up....
Stay tuned for more fun with Dave and Flo at taxpayer expense at the next super-special regular-irregular city council hockey meeting coming soon to an arena near you.
posted by RobC at 11:01 AM
22 Comments:
At least one citizen has submitted an Open Records Request with flo for all correspondence, memoranda, emails for the last 90 days with Monte Akers regarding p&z. what he responded with was copies of all the building permits. I hope this request (which had to be read out loud to Flo) got resubmitted.
With all the support they get from Monte (+ $5,000 in August) we should probably get a copy of all correspondence with Monte. Council should demand that everything to/from Monte be in writing. Frankly, I don't believe a word they say when they quote Monte.
Sounds like Martinez is wanting to look like a good guy and try to sway some voters his way this May. Most of the citizens know his true colors...
Re Gloria's adamant insistence on remaining on the P & Z Board even though she is on city council. Flo: "I'll check on that with Monte Akers." He mentioned several Attorney General Opinions.
Well, here's one.
Opinion No. DM-309, December 6, 1994. whether members of the City of Dallas Planning and Zoning Commission are "local public officials" as governed by Chapter 171 of the Local Government Code, Conflicts of Interest. Yes, P&Z member is local public official therefore subject to 171, further note that a "commissioner member is subject to Chapter 171 not just when he or she makes a recommendation (Section 211.006(f)). Rather all of his or her acts as a commission member are subject to Chapter 171. Futhermore, Section 171.004(a) extends to an action of the commission that will have a special economic effect on a business entity that represents an entity or person with an interest in a matter before the commission.
Per Texas Practices, Part II, Chapter 3.12 Conflicts of Interest: A
According to Local Government code 171, local public official is defined to include members of the city council and other city officers, regardless of whether they are elected and regardless of whether they are paid, so long as the official in question "exercises responsibilities beyond those that are advisory in nature."
"No member of the city council shall hold any other employment or office of the city government while he is a member of said council...
P&Z members AND city council members are both defined as local public officials.
Monte Akers, Partner
The former Director of Legal Services of the Texas Municipal League, Monte left TML in 2002. Prior to commencing his ten years of service to TML, Monte was a senior attorney with the law firms of Hutcheson & Grundy, and Hooper & Haag where he gained experience representing municipal utility districts. Monte has also been an attorney for Dow Chemical Company.
He began his legal career as an assistant general counsel for the Texas Water Rights Commission (now the Texas Commission on Environmental Quality). Monte is a graduate of the University of Houston College of Law and of the University of Texas at Arlington.
Monte provides general municipal law services to cities of all sizes and has expertise in water, environmental, utility and telecommunications law. He is a frequent speaker at state and national conferences and is a published author. He is also an adjunct professor at Southwest Texas State University.
To purchase Flames After Midnight by Monte Akers, please click here.
To purchase Audio Books of Monte’s work, please click here.
To contact us:
Address:
12325 Hymeadow Drive
Suite 2-100
Austin, TX 78750
Phone:
512-250-0411
Fax:
512-250-0749
Email:
Cary L. Bovey, Partner: cary@texasmunicipallawyers.com
Monte Akers, Partner: monte@texasmunicipallawyers.com
Alan J. Bojorquez, Partner: alan@texasmunicipallawyers.com
Barbara Boulware-Wells, Associate: barbara@texasmunicipallawyers.com
Christy Drake-Adams, Associate: christy@texasmunicipallawyers.com
Yvette Boatright, Office Manager: yvette@texasmunicipallawyers.com
Dawn Simonich, Marketing: dawn@texasmunicipallawyers.com
Jeez! Give us a break. Who in hell wants to be drummed to purchase anything done by Monte Akers? We're already being sold down the river by this buzzard and his municipal insiders...bad enough that we tax-payers should have to pay his bills after all his helpful advice to the
clowns we have elected to steer our course. After we have dug our way out of this financial mess we"ll know better.
i have a question - what types of things can a citizen ask to see under the Open Records Request? Does a citizen have the right to ask for, and expect to receive, copies of checks written for a specific time period or to a certain person?
what was the REAL reason for all the budget items being tabled at last nites meeting? is it because Martinez was no longer there to vote? i have a hard time believing these little spats between ex mayor, current mayor and admin are real. and is it true that they were trying to sneak approval in on a $4 million debt?
"Flames after Midnight" by Monte Akers. You gotta be kidding. I never read it so am only guessing that the title alludes to city dads
who might be burning 90 days worth of correspondence in the wee hours.
The law is pretty clear about open government in Texas. The municipality is an instrument of the people and belongs to the people. Virtually all information is public. There is a long list of special case exemptions such as real estate transactions in progress, certain personnel issues, etc. In general, information is public. Requests should be in writing for the act to be enforceable. Requests can be done in writing, by fax and by email. The city has a form they just developed. It is bullshit. It has legal sounding language that says they have ten days to respond. It is a lie. Information must be delivered as soon as possible. Read the open records act using the link on the sidebar. Examination is free. Copies are charged at a reasonable rate (ten cents a page I believe). Flo would be in serious legal jeopardy if he violated this law. In general, he seems forthcoming. Though I don't trust him to deny the existence of stuff if he thinks he can get away with it. For instance, does he really have no notes or tables about the budget revision as he claims. I guess we need to start hitting him with legal requests to make sure he is telling the truth. City hall belongs to taxpayers. That includes every single thing inside it including the chair Flo sits on and the whiteout he uses on the budget.
My favorite comment of the hockey game was made by Councilmember Oscar Martinez as he stalked out of the meeting before it even officially started: "Call me when you decide to do things right, David!"
More and more citizens are saying the same thing. We are tired of having to put up with WRONG, WRONG, and MORE WRONG. Why don't those two members of their own mutual adoration society( Dave and Flo) just take a leave of absence together until they were ready to do things right?
With a little luck, we'd never hear from them again!
Fed Up with Wrong...You forgot mention the rest of the council. If Dave and Flo would just tuck a council member under each arm as they take their earned leave of absence we'd everyone enjoy a little luck and never hear from them again.
JUST FOR TODAY
I will make a conscious effort to be agreeable. I will be kind and courteous to those who cross my path, and I’ll not speak ill of others. I’ll improve my appearance speak softly, and not interrupt when someone else is talking. Just for today, I’ll refrain from improving anybody but myself. Adapted from the original credo of Al-Anon
Why hasn't a request been made to have an external audit of city finances done by state officials?
Al Anon
Precisely the outlook for a sunny Sunday. For the remainder of the week remember this - two frogs fell into a farmer's milk vat as he carted it to the village to sell. One frog, amidst the sloshing and jostling, drowned. The other, recognizing his peril, began a vigorous kicking and thrashing about until, lo, he had produced a ball of butter upon which he could stand. On arrival the vat was opened and the "malcontented" frog leapt out and escaped. The astonished farmer, of course, cast out the dead frog and sold the milk. Moral: the race belongs to the kicker.
I think we should all become kicking frogs in this mess. My opinion is that a lawsuit needs to be filed immediately against the mayor and city manager. And we should make a formal complaint with the State. My hesitation has alway been that this will cost the city money-money that it could put to better use-but at this point Marfa is going to be in a real pickle if we continue to just talk about this and not act.
Comments?
That Al Anon stuff is hard to do! I tried to post an entry earlier but there were technical problems. Maybe google is doing Al Anon for the day and didn't like it. I'll tone it down (it wasn't that bad) and try it again.
Regarding an external audit of the city's financial procedures, it has not been done because council has not requested it. I doubt they will. Oscar is not outraged by Flo's behavior, he thinks Flo needs more room to do his job. As if he has not taken enough liberties with our money and the state's laws already...
Seriously, the state only wants to help where they are welcome. The last thing Dave and Flo want is to let someone inspect their work. Secrecy is their game. As it is now, Oscar and Gloria are big supporters of Flo, so they probably won't support an external state audit. Without Homecoming Devine we would have a tie at best broken by the prince of fiscal responsibility (aka three thousand dollar door man) Lanman.
Regarding the lawsuit, it is an intersting idea. Could you be more specific on who we would sue and why? I talked to DA Brown as did another "malcontent" and the story is the same for the two different issues. He thinks the actions of Flave push the boundaries of acceptable behavior and is against the spirit of various laws but may not be illegal enough to pursue (my words). His position, which contains some wisdom, is that the way to deal with municipal problems is through the ballot box not the courthouse. We are doing a good job of keeping those malfeasants in check by citizen participation. It is important for council to remember that we are not out to hurt the city but to help the city. Citizen participation is a good thing. We are trying to work with council. Council will join Flave in the bunker if we sue. Let's try that Al Anon thing first!
How do you like the match-up: On one end of the rink we have the malcontents, on the other end are the malfeasants!
Forget the DA. Experience has shown him to be a duck who quacks but will not get wet. He will not enter this fray even when the case has been served up to him on a platter done to a golden brown. He only occupies a very warm and comfortable seat, but labor is not a part of his sworn duties. The State Attorney Gen'l's Office operates in much the same fashion, using distance and skepticism as their defense. They, too, will defend against the defenders. Maybe some suggestions through the Council of Gov't? More likely, an independent suit funded by us as complainants and filed by a noted attorney who knows his way around the halls of municipal justice. I feel certain there is someone out there with the right approach to this Gordian knot.
Rio Grande COG will not touch a hot potato like this, because, remember, it represents the City as well. I have run many traps on recourses and the only thing we can do is file a lawsuit, just as Lorina and Lanman did when they were first elected. But, that would be to no avail, because it is common knowledge that the District Judge will not rule against a city or county in his district.
Gawd! Then all is lost! C'mon guys. Put on your thinking caps. There are ways and there are ways.
This situation lends new meaning to the term "May Day, May Day."
You would think that these so called "MATURE EDUCATED" councilmembers would grow up and already know how to handle finances. How much more manipulation is there going to be!
Do Ren/Stimpy(flo/dave) really have that much control over our councilmembers and taxpayers that they cannot see the light at the end of the tunnel? So many complaints and I cannot believe that the councilmembers dont have the nerves to speak up and yet Ren/Stimpy continue to have control. We elected these cartoon members to take care of our City, and is it all going to hell in a hand basket? The idiotic thing is that we are allowing it, WHEN WILL THE MADNESS STOP!!!
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