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SHOWDOWN AT B'TOWN CORRAL BETWEEN TETREAU, NEECE

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By Juan Montoya

Even before the commissioners of the City of Brownsville emerged from a workshop to consider removing Mayor Tony Martinez and Ben Neece from the Metropolitan Planning Organization (MPO), abolishing the Audit and Oversight Committee, and  filling the vacancies at the Greater Brownsville Incentives Corporation, the fur was flying.

Reports of the workshop held prior to the open general meeting indicate that charges and counter charges between commissioners - specifically by Rick and Jessica Tetreau against Ben Neece - alleging official oppression by Tetreau and interfering of Tetreau with police department operations by Neece charged the air prior to entering the city commission chamber.

When the item came up in the commission meeting, Neece said that the oversight committee - of which he is the chair - had already scheduled to release a Independent Audit Report submitted by Burton, McCumber and Longoria, External Auditors, focusing on the former city manager Charlie Cabler.

The committee had also placed an item on the agenda reinstating the Brownsville Code of Ethics and to pass a Whistleblower act to protect city employees who reported wrongdoing.

With four commissioners voting to abolish the committee, those issues will no longer be heard by the committee and the decision to pass them will be up to the full city commission if they so desire.

Neece said the existence of the committee was the only vehicle available to the resident of the city to learn about the alleged failure of Cabler to address reports of steering city transfer patients to an ambulance service with ties to former chief Carlos Elizondo, and to hear a complaint against Tetreau by police officers Lt. David Dale and two other officers.

After a motion and a second (by Ricardo Longoria and Joel Munguia, respectively), Neece read from a three-page prepared statement where he urged the citizens of Brownsville to take note of those who voted for the abolition of his committee, insinuating that they had voted to cover up "corruption."

He handed a copy of the independent auditors to the city secretary for it to be part of the record and available to the public. Prior to the release, city attorney Rene de Coss said the committee's audit could not be seen as a formal audit by the city. During the meeting, Neece acknowledged that some had charged his audit targeted specific individuals and denied he was out to get anyone.

The audit's release focusing heavily on Cabler ws seen by the majority as a move to discredit Cabler, who has announced he will run for mayor against either Martinez, Trey Mendez, or other candidates who may enter the race to be held next May.

Tetrau addressed interim Police Chief Paschla and said she wanted to file an oral complaint against Neece charging that by reading over their objections despite numerous calls for points of order to Martinez, he was trying to coerce her vote and deny the voice of her constituents.

In the end, not only was Neece's oversight committee abolished by the majority, but so was his membership in the MPO. He will be replaced by Longoria on a 4-3 vote.

Martinez fared a little better (although he was in the losing side of three 4-3 votes), because Tetreau relented and voted against removing him as chair of the Brownsville MPO.

The city commissioners action on the naming of new GBIC members ended up with them voting to appoint Brownsville Navigation District Commissioner Esteban Guerra, Pedro Cardenas and commissioner Longoria to fill current vacancies and one at the end of the month. John Cowen, David Betancourt and De Leon, whose term end at the end of the year. will be stepping down.

This was Noel Bernal's first meeting as city manager and he landed squarely in the dogfight.

As the meeting adjourned, a voice (Martinez?) was heard saying "Welcome to Brownsville."

ELIZONDO SURFACES IN OVERSIGHT COMMITTEE AUDIT REVIEW

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(Ed.'s Note: The recent controversy over the release of a review of the audit conducted by the now defunct City of Brownsville Audit and Oversight Committee under commission Ben Neece touches upon the potential conflict of interest between Justin Oakerson's International Academy of Emergency Medical Technology (“IAEMT”) and former Brownsville Independent School District trustee Carlos Elizondo. Neece, the chair of the oversight committee, hired Burton, McCumber and Longoria, External Auditors, to review the committee's findings. In the course of the review, Elizondo's relationship with the company which garnered contracts with the BISD came to light when it was discovered that the Cameron County District Attorney's Office had discovered that the former city fire chief had used a Harley Davidson motorcycle as collateral for Oakerton to get a loan from a local lender.) 

Finding # 4 – Conflict of Interest

"At the time of using of Intercity for non-emergency EMT service, Chief Elizondo was a board trustee on the Brownsville Independent School District (“BISD”). We have obtained evidence from the Cameron County District Attorney’s Office and minutes of a BISD board meeting that suggests that Chief Elizondo may have had a conflict of interest in relation to Intercity. Although the appearance of a conflict of interest exists, we are not able and do not render a legal opinion as to the existence of such conflict of interest.

However, on June 21, 2016, the BISD board of trustees approved agenda item #53 regarding a $165,000 contract with International Academy of Emergency Medical Technology (“IAEMT”) to perform Emergency Medical Science (EMS) basic certification training and to establish a Basic Fire Suppression curricula for 32 students.

In this agenda item, Chief Elizondo abstained from voting on this agenda item presumably because of a conflict of interest. IAEMT is commonly owned by Justin Oakerson, a director and member manager of Intercity.

In a supplementary report obtained from the Cameron County District Attorney’s office we identified a relationship between Chief Elizondo and Intercity. The report relates to an inquiry of a loan officer at a local bank regarding a request for a line-of-credit requested by Mr. Justin Oakerson as owner and managing member of Intercity.

The report states that at the time of the loan, the bank needed additional collateral in order to secure the loan. The bank officer recalled that a Harley Davidson Motorcycle (VIN# ending **63505) owned by Chief Elizondo was pledged to bank as security for the Intercity line-of-credit.

The Bank officer recalled that he had met with Justin Oakerson and Chief Elizondo and could not recall why
Elizondo, who was not an owner of Intercity, would have pledged his personal asset for Intercity.

City Secretary confirmed that there were no Conflict of Interest forms filed by Chief Elizondo.

(Ed.'s P.S.: However, Elizondo did file a conflict disclosure statement March 7, 2018, with the BISD that he was associated with a vendor, the International Academy of Emergency Medical Technology (“IAEMT”), owned by Justin Oakerton, and that he worked for the company as doing EMS/patient transfers with Intercity Ambulance for Emergency Medical Transport, LLC. IAEMT has since signed subsequent contracts with the BISD.

On June 28, 2018, the BISD answered a reqwuest for information and said that since 2014, IAEMT had received $943,980 in payments for its instructional services.) 

TRAGIC END TO THE LIFE OF A PROMISING YOUNG MAN

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Special to El Rrun-Rrun

We are sad to inform our readers of the passing away of a young man who seemed to have a promising future in local politics and in educational circles.

Friends of the family of Carlos Rios have confirmed that he was found dead in his apartment early today after a friend went to check on him. Neighbors report that numerous ambulances and police were called to investigate.

A justice of the peace has ordered an autopsy to determine the cause of death.

Rios had run for the board of trustees of the Texas Southmost College in the last election and came within a few votes for the runoff for Place 6 seat held by incumbent Dr. Rey Garcia. J.J. De Leon eventually beat out Garcia in a runoff.

After his loss, Rios was involved in several alcohol-related incidents but posted in social media that his faith and support of family would see him through his personal crisis.

Our condolences to his mother, his family and his friends. It is sad to see a young man with such a promising future taken from among us. May peace be with him, and with us.       

AND THEY'LL BE THERE WHEN THE NEXT RAINDROPS FALL...

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                                                              By Freddie Fenderless
EL CORRIDO DEL POTHOLE

If I bring you broken wheels

Shattered shocks and cracked windshileds

and your tailpipe

Is dragging on the street


And if your tires are all flat

And your suspension is shot

I'll be there when the next rain drop falls


Si tus llantas se ponchan

Y tus vidrios se quebran

Sigue arreando 

En la calles de Browntown



Pero si te quieres quejar

Con el mayor vas a dar

Y te van a mandar

Mucho tu mami

A chingar



I'll be there anytime

That it rains

Or shower falls

To break 

Every fender of your car


And if there Is still a part

That hasn't fallen apart

Just remember me when it rains

And I'll be there before the net raindrop falls...

And I'll be there before the next raindrop falls...

ALL THIS PAELLA, AND THEN THERE ARE THE DANCERS, TOO

TERCERO STARTED MILKING COMMUNITY FROM THE GET-GO

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By Juan Montoya

It should come as no surprise that the Dallas-based lawyer for former Texas Southmost College Lily Tercero is trying to gouge the community college taxpayers with exorbitant legal fees.

Whether you agree with it or not, a jury awarded Tercero $674.878.66 for lost earnings from her contract and $12.5 million for diminished earning capacity and mental anguish.

The board of trustee had fired her in after it fired her in September 2016 for a number of causes which the members found objectionable.

Image result for lily terceroMark Regan, of the Brownsville Herald, outlined the reasons.

She had, for example, "deliberately and recklessly failed to obtain windstorm insurance with board approval in compliance with state law; allowing TSC checks to be stamped with signatures of people who were no longer trustees; ...failed to timely search and fill the position of vice president for finance and administration; failed to inform the board of the ailing nursing program and its pending suspension; refused a board member’s request that he personally sign and review checks in the amount of $10,000 or more and for not complying with a request for information sought by another member."

Her lawyers prevailed in convincing a jury in federal court that her hearing was a"sham" and they awarded her the verdict. It remains to be seen what the appellate courts decide and whether negotiations will whittle that number down.

Her attorney, Richard A. Illmer, however, wants a big piece of the TSC pie, and he wants it now. Illmer wants  $178,306. Illmer says in court documents before U.S. District Judge Fernando Rodriguez Jr. that he is being generous with the college. Instead of his usual rate of  $550 per hour, he says he lowered it to $500 per hour and when he saw it was going to take some work, he "reduced" it to $395 per hour.

And if it goes to the 5th Circuit Court of Appeals and oral arguments before the Supreme Court, he wants $270,000. 

TSC counters that the reasonable market rate in Brownsville is between $170 and $200 per hour and that the rates Illmer is charging for two paralegals — $225 and $215 per hour – should be in parity with local market rates of between $75 and $90 per hour.

Rapacious is too charitable a word for this guy.

But that is about par for the course with this woman. Remember when she first came to TSC to help it get its independent accreditation after the college threw off the UT System parasite and its dubious "partnership?"

The college not only hired her October 2011 at around $200,000, but also hired her former boss Dr. Leonardo de la Garza at a generous $180,000 price tag for his assistance in "consulting" for Tercero.  It was in effect, the same as hiring two presidents.

That "temporary" position lasted for five years until Tercero left. When she was hired October 2011, her application carried a glowing recommendation from de la Garza, her former mentor and boss at the Tarrant County College District.

De la Garza said Tercero "is one of the best," noting she was actively involved in board decisions as well as her church and community

"She worked with me at Sante (sic) Fe Community College and at Tarrant County (College District)," the recommendation read. "Lily is one of the brightest and most hard working individuals I know. She is a star, she just shines, and she will be an outstanding president at Texas Southmost College."

In return, a month later in November 17, 2011, the board approve hiring him to help her in her "transition."

But de La Garza was also – and still was when he came on board with TSC – a vendor and associate of Dynamic Campus, an IT firm which specializes in selling Ebooks (Pearson) and Information Technology (IT) to school districts and entities of higher education like community colleges and universities.

By all measures, De la Garza moved fast.

By May 2012 – some six months later – De la Garza had steered a $1 million IT contract to his "Dynamic Campus," the computer firm for whom he had worked for more than three years before.
Then, on September 2012, four months after the $1 million pact, the company locked three segments of IT services to Dynamic Campus with TSC for an additional $10 million extending into 2015 with an option for another three years.

Who would have thunk that from November 2011 to September 2012, De la Garza would have landed more than $10 million in contracts to his former employer?

Among the "consultant" fees included in the total was a $2,000 monthly retainer and a $1,500 fee for expenses every time he visits Brownsville and the TSC campus.

Once on board, de la Garza took part in advising Tercero and the board on the necessary policy moves and expenditures to make TSC a free-standing institution once it gained operational independence in the fall of 2013. On of those was the colleges' information technology (IT) section. 

As a close personal adviser of the new president, he would have had a direct hand in advising the TSC administrative staff on formulating the Requests for Proposals (RFPs) for the new IT setup.
As the local daily reported in September 2011, IT services were some of the many assets that became intertwined as the "partnership" between TSC and UT-Brownsville developed.

Right before the May 21, 2012 $1 million award to Dynamic Campus Solutions de la Garza was the featured "special guest" of Dynamic Campus Solutions in Orlando, Fla., during the 2012 American Association of Community Colleges' 92nd Annual Convention April 21-24 where the company invited participants to "stop by and see us and our special guest, Dr. Leonardo de la Garza at booth 822..."

One of the Tercero-de la Garza's "innovations" was the implementation of Ebooks, that is, course text books that students pay for up front with their tuition and are accessible to them online. The service was part of a multimillion deal between TSC and Dynamic Solutions.

Under this "cutting-edge" scheme, students paid an average of $95 for access to each course Ebook per class. This seemed like a good idea until parents and students realized that there was no hard copy of the book available and that there were some severe restrictions.to add insult to injury, if you go to the Pearson website, the same tome in a hard copy is available for some $10 less.

Dynamic Solutions website wrote this about Tercero: "President Lily Tercero’s bold vision to open with full IT functionality was realized, thanks to the resourceful Dynamic Campus team. She was able to put her focus on building academic programs and recruiting faculty and students. “Outsourcing with Dynamic Campus made good business sense,” she concluded.

De la Garza continued to be paid by TSC as a consultant to Tercero on a myriad of matters, but Dynamic Solutions was never been left out.

Just as then-TSC VP Chet Lewis warned that the initial $1 million outlay to the company for IT work was just the beginning, the TSC administration staff came back on September 20, 2012, telling the board that they "had worked with Dynamic Campus to develop an amendment to the contract to proceed with the remaining phase of the proposed services."

They recommended, and the board approved without the need for further RFPs:
1. $2,042,856 for FY 2013 (Jan. 1-Aug. 31, 2013)
2. $3,568,944 for FY 2014 and
3. $3,824,616 for FY 2015 with an option to extend the contract an additional three-year term (until 2018).

If anything, Lily learned well from her "mentor," didn't she? Now she wants another $13 million and her lawyers another three-quarters of a million. Poor Lily. Poor TSC.

DPS CHARGED WITH FOSTERING A "CULTURE OF CORRUPTION"

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(A lawsuit filed in Longview against the Texas Department of Public safety Texas Ranger and possible corruption in the investigative section, is strikingly similar to complaints raised against the DPS by five staff members of the Cameron County Tax Assessor-Collector's office in their Operation Dirty Deeds. Those complaints with the DPS Inspector general's Office come as the DPS was sued in late November for alleged corruption in Longview. Is, as the plaintiff alleges in the lawsuit, there a "culture of corruption" at the DPS that extends all over the state, including Cameron County?)

By Glen Evans
Lawsuit alleging DPS corruption spills into probe of Horaney murder in Gregg CountyLongview News-Journal

A lawsuit alleging corruption at the Texas Department of Public Safety spills over into the unsolved 2016 murder of prominent Longview businessman Ronnie Horaney.

The federal lawsuit filed by former Longview resident Ty Clevenger on behalf of retired Mount Pleasant-based DPS investigator Darren Lubbe, raises multiple accusations of DPS cover-ups by superiors and retaliation against Lubbe in a 24-page claim.

Clevenger accuses DPS Director Steven McCraw of allowing a “good old boy” culture to flourish in the state law enforcement agency. Clevenger lists multiple examples in which he says Lubbe tried to report wrongdoing within the department only to suffer repercussions to his own career.

Lubbe said Wednesday that he served 19 years in DPS, including extended special operations work on the Mexican border. He had accrued a year of unused sick leave, for a total 20 years’ service by the time he retired.

He said his troubles with his superiors began in 2014 after his captain in Mount Pleasant, Mark Milanovich, began pressuring him to attend a cowboy church the captain liked.

“ ... (T)hat triggered an ongoing campaign of harassment from the captain and his cronies,” the lawsuit reads.

Lubbe said he is a Christian who felt his captain was overstepping his proper leadership role.

“My religion is between me and God,” he said. “And it wasn’t anybody’s business.”

Lubbe left DPS in the wake of a 2017 “nondisciplinary transfer” to Conroe where he believed a hostile supervisor awaited his arrival.

“It’s a corrupt system,” he said. “They’ll lie and steal, falsify documents. ... I love DPS. But I don’t fall into that category of being a ‘yes’ man when (stuff) is wrong.”

The public safety department, and the Texas Rangers division that’s attached to it, had not filed a response by Wednesday evening. A request for comment sent to DPS communications in Austin drew this reply:

“Thank you for your inquiry. The department looks forward to refuting these spurious claims through the proper legal proceedings.”

Clevenger, a New York attorney hailing from Longview, is a longtime critic of and legal saddle burr for DPS. He also is a Union Grove High School alum and former Camp County sheriff’s deputy and was a News-Journal reporter in 1994 and 1995.

Clevenger names at least 25 defendants in the suit, mostly upper-ranking DPS officers.


To read more on the lawsuit, click on link: http://lawflog.com/?p=2058

LIKE MESQUITE WOOD, CATAN FINALLY GETTING ITS DUE

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By Juan Montoya
Years ago, in a previous lifetime when I was at the San Antonio Light, I came upon a press release from Texas A&M researcher who declared that the mesquite trees in Texas were "worthless."

I marveled at the ignorance and arrogance of the researcher. Those of us who live in South Texas knew a long time ago that if you are having a cookout or BBQ without mesquite, you are not barbecuing at all. 

It would be a few years after I saw that story come off the UPI wire that the craze for mesquite wood took hold and the rest, as they say, is cookout history. Now people from all over the country look for mesquite wood for their cookouts. Worthless? Hardly.

The same goes for something else that thrives locally. Now we find out that the so-called "trash" fish, alligator gar, or catan, is now valued by Texas anglers as a trophy fish. 

While local fishermen may not prize it as a trophy, locals delight in munching on catan chicharrones. There are even local restaurants that specialize in this fish.

I was reading today in the McAllen Monitor where the populrity of catan is reaching proportions that the Texas Parks and Wildlife Department is limiting the number of gar that can be taken to one a day fearing that overfishing will deplete the population of this slow-reproducing fish. Rick Kelly writes:

"HARLINGEN — From trash fish to trophy, the homely alligator gar has come far in a short time.

The apex predator in most resacas and rivers in the Rio Grande Valley once was reviled, or at best dismissed, by most anglers as unworthy of targeting.

The prehistoric giants can grow to eight feet and nearly 300 pounds in Texas, with the state and world record alligator gar, or catan in Spanish, caught in the Rio Grande in 1951 by Bill Valverde. The trophy fish weighed 279 pounds.

But the alligator gar’s rising popularity among anglers who are now specifically targeting the species with heavier tackle is raising concerns about whether the numbers of large alligator gar can be sustained.

Until 2009, an angler could take as many alligator gar in Texas with rod-and-reel or by bow as they wanted. That’s when the Texas Parks and Wildlife Department issued its first bag limit of one alligator gar per day per fisherman.

Just nine years later, state fisheries officials are concerned the new enthusiasm anglers are showing the catan could be leading to overfishing of the species due to its slow reproductive rate."

Back in 2012, we wrote about locals' experiences with el catan. At the risk of beating on a dead gar, we reprint the post of this maligned fish:

SAN PEDRO – Even some of the local fishermen couldn’t believe it.

The splashing on the large concrete pipe sticking out of the muddy irrigation field between this town and Los Fresnos caught their attention as they headed to an isolated pond of irrigation water.

They knew there were gar there trapped after the fields dried up.
But when they peered down the four-foot circumference concrete tube, the sight of two large alligator gar thrashing because they were jammed in the concrete elbow made them catch their breath.

“I’d seen large gar before,” said Joe Luz Leiva. “But these two were giants. There was no way they were going to make it out the irrigation pipe. We had to go after them.”

The men eventually dropped a seine net (tarraya) into the pipe and snagged it with a wire after it draped over the struggling fish. Some tears were caused to the strong nylon netting by the razor sharp teeth of the fish. Afterward, two monsters, one almost seven feet long, writhed on the ground.

“Man, did we eat catan chicharrones (alligator gar fritters) that day,” Leiva recalled. Everybody in San Pedro got some and there were some left over.”

Alligator gar chicharrones have been a local delicacy here since anyone can remember. The Blue Mermaid Cafe and Seafood, 119 Billy Mitchell Blvd., has been selling catan chicharrones for almost 30 years. That menu entry has remained popular with local residents.

At Snodgrass Seafood employee said gar remains a popular choice for many local residents. He said the although many northern diners don’t have a taste for the fish, it has remained popular here.
“A lot of people who aren’t from here don’t have the tradition of eating gar at home,” he said. “But we sell a lot of it to the locals. It's more expensive than redfish.”

Snodgrass is no longer in business, but other seafood places still sell the meat.

Economically, a plate of the chicharrones is not much more expensive than regular seafood, although it costs less than choice shrimp or beef.
A combination gar chicharron and shrimp plate sells for around $8.50. A pound of chicharrones alone including tortillas, salsa and limes averages about $11.50.

“That’s really not a bad deal for seafood,” said Paula Hernandez as she munched on some. “I love catan and so do my brothers.”

Visually, the fish is a fearsome animal.

Gar have traditionally been considered rough fish by the majority of anglers. However, for a relatively few mavericks gar fishing may be quite an exciting and enjoyable sport. In Texas, alligator gar up to 279 pounds have been captured by rod and reel anglers, and over 300 pounds by trotliners.

In the southeastern part of the state, including the Rio Grande Valley, gar are commonly accepted as a fine food fish. Alligator gar are often taken by by bowfishers or by anglers using nylon threads, rather than hooks, to entangle the fish's many sharp teeth.

According to the Texas Parks and Wildlife, the rod and reel world record alligator gar weighed 290 lb., and the trot line, or unrestricted division record weighed 302 lb. Both were caught in the Rio Grande River back in the 1950s, and measured a little over 7-1/2 ft in length.

Alligator gars are widely sought after by bowhunters, but a much smaller following of anglers fish for them for sport. The states of Texas and Louisiana permit regulated commercial fishing for alligator gars. However, in the rest of the state, unlike in the Rio Grande Valley, the demand is nominal.

“I’ve never eaten gar before, and I don’t know if I want to just looking at that animal,” said Doug Wolter, from southwestern Minnesota. “I’ve got a policy of not eating something that looks like it could eat me.”

Alligator gar are only present in the Gulf of Mexico coastal plain from the Econfina River in west Florida west and south to Veracruz, Mexico. There are no gar on the Pacific Ocean side. The species range extends north in the Mississippi River basin to the lower reaches of the Missouri and Ohio rivers. An isolated population also occurs in Nicaragua.

In Texas, alligator gar may be found in coastal rivers and streams from the Red River west to the Rio Grande.

Mesquite and catan, who woulda thunk, hey?

IS DA SAENZ'S POSADA REAL, OR HIS CAMPAIGN KICKOFF?

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(Ed.'s Note: As time goes on in Cameron County, we have all become a bit cynical about events hosted by politicians. It seems like we have been inured to the abuses of this bunch to the point where even if the event seems innocent or noble enough, someone always suspects that there is an ulterior motive working in the background.

That is the case with the "posada in the park" event scheduled for 5:30 p.m. Tuesday at Three Angels Community Park in Brownsville by the Cameron County District Attoney's Office of Luis V. Saenz. You know the park, it's where John Allan Rubio killed and dismembered his three kids 15 years ago and is now on Death Row for it. DA Saenz apparently wants to celebrate the birth of the Lord in a place associated with death, a critic pointed out. 
They also wrote in to say that Saenz has already announced he is running for reelection, so the event has some political overtones and will no doubt pull on the heart strings of all who sympathize with the victims of that horrendous crime.

The writer who sent us these invitation and card points out that the DA's Office used the county's email directory to assure that all county employees got the word. That said, we can only give Saenz the benefit of the doubt that it is a real empathy for the little victims that drives this, and not his upcoming political campaign for reelection. As we said at the start, we've all become a bit jaded and cynical at this juncture.)

AS MUELLER'S NOOSE TIGHTENS, TRUMP VACILLATES

THE DIEGO RIVERA MURAL THE ROCKEFELLERS DESTROYED

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By National Public Radio

When Mexican artist Diego Rivera was commissioned in 1932 to do a mural in the middle of Manhattan's Rockefeller Center, some might have wondered whether industrialist tycoon John D. Rockefeller Jr. knew what he was getting into.

In 1934, the legendary artist's work was chiseled off the wall. (Click on graphic to enlarge.)

"Man at the Crossroads: Diego Rivera's Mural at Rockefeller Center," is a whodunit tale that also illustrates the tensions between art and politics. Exhibition co-curator Susana Pliego says the Rockefeller family was aware of Rivera's leftist politics when it commissioned the work.

"They tried to have pieces of the best artists at the time," Pliego says. "That was why [they wanted it], because of the artistic and commercial value of his work."

Pliego says Rivera got a three-page contract laying out exactly what management wanted.

Rivera was asked to show a man at the crossroads, looking with uncertainty but with hope and high vision to the choosing of a course leading to a new and better future.

"The theme of Rockefeller Center was 'New Frontiers,' so that was a very spiritual way of looking at development and art," Pliego says. She wonders what made the Rockefellers think that Rivera's vision would be the same as theirs.

"It was a bad decision for everyone, but it's about politics," co-curator Pablo Ortiz Monasterio says. "When you have to take a position, there is no other way out."

Monasterio says the show illustrates the conflict between the rich, powerful family that hired Rivera and the artist's strong political point of view.

Pliego says the original sketch for the mural – and what Rivera agreed to paint – included three men clasping hands in the middle: a soldier, a worker and peasant. "A spiritual union of all the three elements that Rivera thought man – humanity – was composed of," she says.

"Unfortunately, what he painted was different from the sketch," David Rockefeller Sr. told the Museum of Modern Art in 2012.

I FOUND RELIGION ON MARKET SQUARE, WHEN I WAS BORED...

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It's love, Brother Love say
Brother Love's Travelling Salvation Show

Pack up the babies
And grab the old ladies
And everyone goes
'Cause everyone knows
Brother Love's show

Room gets suddenly still
And when you'd almost bet
You could hear yourself sweat, he walks in

Eyes black as coal
And when he lifts his face
Every ear in the place is on him

Starting soft and slow
Like a small earthquake
And when he lets go
Half the valley shakes

It's love, Brother Love say
Brother Love's Travelling Salvation Show
Pack up the babies...

THE REAL STORY BEHIND THE DOWNTOWN CHRISTMAS TREE

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(Ed.'s Note: See the dapper gent in the photo above? He is none other than Gilbert Velasquez, graphic designer extraordinaire and hombre de buen aire. He was the one who put the bug in people's ear to put up Brownsville's first Christmas tree in the public square. Of course, the official version is that the Brownsville Historical Museum did it, that city commissioners did it, that the Historical District did it, but it was really Gilbert who pushed for the tree and through his dogged persistence had the city people erect it. If you happen to be downtown one of these nights you can't miss it. Thanks, Gilbert!)

ARE BISD BOUNDARIES CHANGE A WAY TO PUNISH PI ISD?

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(Ed.'s Note: We have always said that the boundaries of the Point Isabel School District which stretch all the way down Highway 48 to the Port of Brownsville's quartermaster building unfairly takes away the tax income from plants in the port to the Brownsville ISD while the city has to put up with the truck traffic, educate the workers' children, and all the other ills associated with an industrial port. However, some of our readers, like the one who sent us this warning below, think that the move to redraw the PI ISD boundaries is a way to get at that school district for not giving the LNG plants tax abatements. Who is right?)


Special to El Rrun-Rrun

Here is Senator Lucio and Alex Dominguez trying to help the LNG companies get around Point Isabel ISD refusing to give them their tax abatements.

The BISD Board of Trustees Policy Committee is having a meeting today (Monday) at 4:30 pm to discuss:

Item III J. Review and discuss a resolution to request that Legislators through Senator Lucio and Alex Dominguez make the limits of BISD match the city limits of Brownsville and that the area of Cameron County South of the Port of Brownsville up to the gulf become part of BISD territory (BMR - PC)


The BISD Board of Trustees is having a rescheduled Regular Board Meeting this Tuesday at 5:30 to discuss: item B. Board Agenda Request(s)
1. Discussion, consideration and possible action or approval of a Resolution requesting that the Legislators, through Senator Lucio and Alex Dominguez make the limits of BISD match the city limits of Brownsville, and that the area if Cameron County south of the Port of Brownsville up to the gulf become part of BISD territory as well (Board Member Request - PC)

Does this mean that Los Fresnos should also be worried? Some of their school district tax base goes into Brownsville's city limits.

SUPER DUPER SCOREBOARD: BISD=0, ZENDEJAS=$461,201

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Facilities meeting: B. Sams Stadium Scoreboard replacement (Dec. 5)

1. Recommend approval to authorize administration to accept the Sams Stadium Scoreboard Project as substantially complete. (Tuesday board meeting agenda)

3. Discussion, consideration and possible action to request a third party compliance review in January 2019 of all 2015 TRE projects and all 2018 tax increase projects; to include artificial turf and the stadium/campus scoreboards. (Board Member Request - SPA) (Tuesday board meeting agenda)

By Juan Montoya
Remember when then-Cameron County Auditor Mark Yates got charged and arrested for buying insurance without the county commission's approval?

Image result for LILY TERCEROAnd one of the reasons that Texas Southmost College gave for sacking former president Lily Tercero was also for buying windstorm insurance without going to the board for approval.

Well, guess what?

Some time back Brownsville Independent School District superintendent Esperanza Zendejas was told by the board to bring back the specific warranty length for "coach" Joe Rodriguez's super-duper $1.4 million scoreboard at Sams Stadium before she made any payments to the vendor.
Image result for mark yates, CAMERON COUNTY AUDITOR arrested

Several members were leery that the vendor VCRNOW initially said the turnkey board had warranties for 10 years, only to have the superintendent during the Sept. 4 recommend that the board approve the project was "substantially complete" and authorize payment.

During that meeting, Zendejas acknowledged that there had been some technical difficulties with video without sound and several panels that had to be replaced. In order to clarify the issue of the duration of the warranties (initially said by the vendor to be for 10 years) the backup listed warranties on some part for two years and others for five.

And since the board was not up and ready for graduation, the BISD had to pay a "rental fee" to VCRNOW to bring a portable screen and pay for technician. The cost for the rental and the technician for graduation ceremonies was $7,950 plus a $550 hotel fee for his lodging. ($550? Did he stay on the Island?)

Unable to give the board a definite answer then (September 4) to their questions, Zendejas pulled the item and told the members that she would come back to them with the answer to their questions.

But rather than come back to the board before issuing the second payment (the first was approved by the board June 5 for $770,000), Zendejas issued a second payment in the amount of $461,208 on her own.

Recently, during the the meeting of the Facilities Committee Dec. 5, some members questioned Zendejas on the progress on the project and she told them that the project was substantially complete and that he had already paid the vendor.

But hey, wait, members asked: Weren't you supposed to get back with the board before proceeding with the payment and acceptance of the project?

Well, yes, she vacillated, I guess that was just "an error."

Image result for esperanza zendejasNow, we're not talking peanuts here. Anyway you slice it, $1.4 million is a lot of cash for one person to unilaterally decide for the board on issuing payments and approving the project, especially when there is a question on the quality of the product being purchased.

In the agenda item listed above for Tuesday's meeting, she is asking that the board accept the board as "substantially complete" and pay the $168,716 balance on the $1.4 million.

In one of her rare moments of lucidity, trustee Minerva Peña said that when you buy a  Rolls Royce you expect it to act like a Rolls and not a Pinto or a Mustang.

"They don't make those anymore," she said.

Yates got charged and arrested and hauled off to Carrizales when he acted unilaterally. Tercero was fired.

Will there be any repercussions for Zendejas?

Will we see her, as we did Yates, in an orange jumpsuit, or barring that, handed her walking papers for disregarding the directives of the board?

UNLIKE OTHER YEARS, NO ROSE FOR VIRGEN DE GUADALUPE

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(The legend says that the Virgen of Guadalupe appeared to Mexican native Juan Diego who was not believed by the local priests. According to the story generally accepted by Catholics, Juan Diego was walking between his village and Tenochtitlan (now Mexico City), where the Catholic mission was headquartered, on December 12, 1531. This year it will have been 487 years ago. Since then, the Virgen Morena has been the patron saint of Mexico.

Along his way, in the village of Guadalupe, the Virgin Mary appeared, speaking to him in his native Nahuatl language. She told him to build a church at the site, but when Juan Diego spoke to the Spanish bishop the bishop did not believe him, asking for a miraculous sign. 

The Virgin told Juan Diego to gather flowers from a hill, even though it was winter, when no plants bloom. He found Spanish roses and presented these to the bishop. When the roses fell from his tilma (a kind of apron) an icon of the Virgin remained imprinted on the cloth. Whether you believe the story or not, many of our fellow residents here who are Catholics do and we live in a society based on religious tolerance so we must respect people's beliefs.

This year, the roses are not in bloom. This photo was taken at Guadalupe Church on Lincoln Street a year ago and graciously sent to us by one of our Catholic readers.)

FAMILY CLINGS TO HOPE IN MISSING MAN'S CASE GOING COLD

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Special to El Rrun-Rrun

The night of May 13 was the last time that the patrons at a local bar saw  Ramiro “Kimberly” Avila walk out with a man known for his ties to organized crime in Brownsville and Matamoros.

During the night, Avila – popular with clients at Pava's Bar at 934 14th St. – had been joking with the patrons and sitting with the man drinking beer. Some of the clients remember that it was getting near closing time when the two walked out of the door apparently arguing.

Image result for kimberly missing in brownsville texasThe last that was seen of them was as they walked south on 14th Street toward the bus terminal and turned right at the alley next to the Reypres Apartments. From there, residents reported that they had heard Avila and the man in a heated argument walking down the alley and then forced into a car driven by the man's companions. 

This version of the night's events has been making the rounds in the local joints on 14th Street  and downtown as the news coverage of him going missing stretches past the one-year marks the second Christmas his family has not known of his whereabouts. He was 32 at the time he went missing.

That much has been told detectives with the Brownsville Police Dept. as well, but so far there have been no public announcements of developments in the case. Meanwhile, family members have continued to post pictures of Avila – as a man and dressed as a woman –  on store fronts and walls in the downtown area. fears 

The family told the Brownsville Herald that they fear his case will be forgotten by community members, and their faith in the police investigation into his disappearance is dwindling. His sister Ivone Rodarte described a relationship with detectives  to one of the daily's reporter that has been marred by a lack of communication and callous remarks about Avila

Rodarte feels there’s a lack of attention on her brother’s case because Avila was a member of the LGBT community. He was gay, she said, cross-dressed and was also known by the name “Kimberly.”

“They still have to put effort into looking,” she told the paper. “A detective told my mom because of (Avila’s) lifestyle, he knew something like this was going to happen. Nobody wants to talk.”
Rodarte said that about two weeks before his disappearance, Avila revealed to their family that he was engaged in sex work and that he was ready to stop.

“He had so many plans,” she said. “He was going to look for a job, help me with my son’s graduation, be at every game, and then this happened."


Anyone with information on Avila’s whereabouts can contact the Brownsville Police Department at (956) 548-7800 or Crime Stoppers at (956) 546-TIPS (8477). Donations can be made to the “Kimberly/Ramiro Avila Fund” at any Lone Star National Bank.

UTRGV REMOVED FROM ACCREDITATION PROBATION STATUS

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By Juan Montoya
Dec. 11, 2018

The University of Texas Rio Grade Valley has announced to its faculty, staff and student body that Southern Association of Colleges and Schools Commission on Colleges today has removed the university from probationary status based on UTRGV's successfully addressing the lone concern cited on a probationary letter of February 5, 2018.

UTRGV President Guy Bailey wrote that the SACSCOC had written after its 2017 annual meeting that the university had successfully addressed all concerns cited in the probationary letter of January 11 2017.

"I want to take this opportunity to thank the many staff members who have worked tirelessly on behalf of the UTRGV. We prepared diligently for the October 2018 Special Committee visit and deeply appreciate the hard work and support from all of you throughout the year....

"The UTRGV community is focused on the reaffirmation report, which will be submitted on September 1, 2019, as part of the normal accreditation review process all SACSCOC institutions undergo every 10 years...

"As part of our reaffirmation process, we are actively engaged in the development of our Quality Enhancement Plan (QEP). The QEP provides provides an opportunity for the campus to develop or strengthen initiatives that support the achievement of student learning outcomes and student success.

CHANGING BISD, PI ISD BOUNDARIES SEEMS LIKE A NO-BRAINER

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By Juan Montoya

Look at the map above closely.
It depicts the southwesternmost boundaries of the Port Isabel Independent School District. The Brownsville Independent School District eastern boundaries lie across the red boundary line along Highway 48.

The district stretches from the northern reaches of South Padre Island, covers Laguna Vista, and then runs west along State Highway 48, takes in all of the Port of Brownsville, then south along the Rio Grande to Boca Chica beach. It is a huge district. As far as anyone knows, a bus from PI ISD is sent daily to pick up one student on the Boca Chica beach side.

Last night, at the meeting of the Brownsville Independent School District, trustee Phillip Cowen proposed that the boundaries of the BISD be made to match with the boundaries of the City of Brownsville. Of course, the Port of Brownsville is not within the city limits and would be excluded.

Cowen said at the meeting that he was looking to the future when development would go north toward Los Fresnos and that the BISD should look toward that area to grow and indirectly encourage economic development in the form of schools and residential subdivisions. One of our readers pointed out that at least two Los Fresnos schools are already operating inside the Brownsville city limits and that some residents of Brownsville already have to attend Los Fresnos schools instead of the BISD.

But that will surely invoke a turf war with Los Fresnos, already chafing under the annexation plans that have been implemented by the City of Brownsville and have gone to court to fight them. The City of Port Isabel, by the way, is also locked in a bitter annexation war with Brownsville. But it is not the city boundaries that are part of this boundary-change proposal. It involves only the school districts' boundaries.

Image result for jaime zapata boat rampIf the PI ISD went along with letting the BISD extend its boundaries as far as the Jaime Zapata Boat ramp, it would lose the tax income from the industry at the Port of Brownsville and the agricultural taxes south of the ship channel, but it would still have to pitch in to the state's Robin Hood fund because of the tax income it gets from the properties on South Padre Island, even with its lower tax rate.

In fact, the PI ISD has to pitch in some $30 million yearly to the Texas so-called Robin-Hood plan for distribution to property-poor school districts. And it's the only school district in the Rio Grande Valley to have to send money to the state. Brownsville is one of those recipient school districts. Even if PI ISD gave up the Port and Brownsville ISD got that tax income, PI would still have to send some money to the state and Brownsville would still be receiving some of those state funds.

And fears by PI ISD residents that BISD taxes would be foisted upon them with the envisioned boundary change seem to be unfounded since the BISD proposed boundaries would only extend to as far as the Zapata Boat Ramp and wouldn't go near Port Isabel.

Image result for hazardous truck traffic on international boulevardWhile it's Brownsville residents who put up with the traffic congestion created by port workers and freight, who must deal with the threat of hazardous cargoes rumbling past our schools and neighborhoods, and in the majority of cases educate the children of the majority of port workers, the bulk of the taxes go to the Port Isabel ISD.

Except for a strip of land along the westernmost edge of the Port of Brownsville, nearly all the industry (including Amfels, Transmontaigne, the shipwreckers, the Shrimp Basin, etc.) pay taxes to the PI ISD, not Brownsville schools. The three proposed LNG plants would be the same. Same goes for SpaceX. It, too,lies in the boundaries of the PI ISD.

Brownsville school would probably educate the students who came along with their parents to work there, too.

As far as we know, there are no petrochemical course being taught at the local community colleges. If the plants were to be built tomorrow, the bulk of those "high-paying jobs"– as in the case of SpaceX, – would probably be taken by outside professionals coming from somewhere else.

There is still a debate on the desirability of having the LNG plants come here, but regardless of whether they come or not, the same disparity in Port of Brownsville taxes going to PI ISD and not to BISD will remain. LNGs thrown into that scheme will just exacerbate the issue.

LAST CHAPTER OF 2016 RUNOFF 'TWEEN SANCHEZ TREVINO

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"Signs don't vote, son. People do." Former County Clerk Joe Rivera.
"Paga chocolate. Paga lo que debes."Orquesta Aragon
By Juan Montoya

It was, by any measure, a contentious 2016 Democratic Party runoff for Cameron County Judge between Eddie Treviño and Dan Sanchez, the former Pct. 4 commissioner.

Neither man had garnered the 50 percent plus 1 vote required to take the election outright during the March 6 primary election. Treviño had gotten 43 percent of the vote. Sanchez had pulled 36 percent and the rest went to Liz Garza, with nearly 20 percent.

During the runoff election held in May, Treviño bested Sanchez 52.8 to 47.1 percent, in real numbers  a 979 vote difference.

You'd think that would be the end of it. The winner gets ready for the November election with Treviño having no Republican challenger in the November general election. Sanchez would return to his legal profession from which he has made a comfortable living.

But there was a loose string out there in the detritus of the election for county judge. After invoicing Sanchez for payment of an outstanding $8,067 bill for billboard signs across the county, Lamar Advertising finally sued him January 3, 2017 in Cameron County Court-at-Law #2 demanding payment of the principal, interest, and attorneys' fees.

That was two days after Treviño assumed the duties of county judge.

In response, Sanchez had his attorney fellow Harlingenite Travis Bence, husband of County Court-at-Law # 4 Sheila Bence, countersue Lamar claiming that he had never received credits due to him and that Lamar had breached their contract by not delivering on their agreement with his campaign on the timely placing of billboard signs on the southern part of the county where he needed them most.

"I had been a county commissioner...and a justice of the peace," Sanchez told the court in an affidavit. I had run predominantly in the Northern Part of the county and had a lot of notoriety in that part of the county. Where I really needed the help was in the Southern Part of the county which included Brownsville and the Southern Part of the county where a majority of the votes in Cameron County are located."


Sanchez went on to say that his campaign made strategic choices on billboard location suites and specified the correct times for their placement to coincide with holiday greetings (St. Patrick's Day? Cinco de Mayo? Mother's Day?). He said Lamar failed to put up the boards on time and for the duration he had asked for. Promises for credits and offsets were never given, he said.

"I believe that as a result of Lamar's breach I lost the election," Sanchez wrote. "It was a very close election and the precincts that I lost were all in the Southern Part of the county where all those billboards were supposed to be placed...I believe that as a result of the signs not being put up in time it cost me votes and ultimately cost me the election. This was an election where $100,000s were spent. I believe that i have lost a great deal of time and money."

Yesterday, with a visiting judge hearing the case in County Court-at-Law #2, Sanchez and Lamar said they had reached an agreement that was read into court. Today, the court administrator said that the details of that agreement would be entered into the record when the parties handed in their orders that court had asked them to write.

If we wanted to find out the details and we wanted to order a transcript from the court reporter before the orders were entered next week, it would cost us $75. We think we'll wait. After all, Sanchez and Lamar have waited almost two years to put the 2016 election behind them.
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