A Close Look at Mayor Trevino's Response

by Ron West

this type is from the Mayor's letter   -   this type is comments from me clarifying his "facts".

This letter is written in response to your email inquiring....  (the letter was addressed to a house on Davis Blvd.)

It was extremely disappointing and disheartening to read of the comments by Councilwoman Nancy Bielik dated April 5, 2004 (although I am sure the date should have been 2005). Another interesting note since this date only appeared as a Typo on NRHOnline.com not in the mailing.

.... I would say that rather than hate, ...  it would be a disrespect of her ....    because of the lack of respect she shows to citizens, (false statement) the office she holds, (the Mayor thinks of his position as that of Monarch)  the city staff, (can he identify a single complaint?)  and others on the Council (which are treated by Ms. Bielik far better than the way they treat her) in the way that she treats them. Ms. Bielik constantly, as in this April 5 correspondence, belittles others, makes misrepresentation of facts (in the opinion of the Mayor) , and makes false statements (oh - where?) which are quite disgraceful for a public official. It is one thing for a candidate for elective office, who has not adequately researched a matter, to present misleading and false statements, but for a public official to do this is unacceptable.  (The only disgraceful behavior I have seen on the council is that of how the Mayor treats the citizens during their presentations.)

Here are comments of Ms. Bielik and the facts:  (rather - the Mayor's opinion only)


1. Ms. Bielik: “Taxes—I pay the personal property taxes on my small business. The Mayor and the incumbent’s supporters, former Council Members Metts and Turnage, were all caught not paying their taxes. While you saw the taxes on your homes going up every year, they were getting away with not paying their share. These men hold me responsible for making them accountable.”

FACTS: I also paid the taxes on my business personal property to Denton County where my company business is located. When I was advised I was to pay these in Tarrant instead of Denton County because a temporary facility and equipment was located here, I did so. Therefore I paid twice for the same equipment temporarily located in Tarrant County
(the Mayor's temporary is over a period of two or three years and he did not pay duplicate, he simply had to pay for the equipment that was not rendered - as legally required - in Denton.  This can be verified with either the Tarrant Appraisal District or the Denton appraisal district.). Former Council members Turnage and Metts also paid their business personal property taxes. (wasn't that after they were caught not paying them Mayor?)

2. Ms. Bielik: “Toll booths—The Mayor and Incumbents want Texas residents to pay tolls to drive on Freeways our taxes paid to build…”

FACTS: The City Council has not discussed this nor taken a vote on such an issue. The North Richland City Council does not have authority or jurisdiction on Freeways owned and maintained by the State as Loop 820.  
(Ms. Bielik does not say the council has voted on this but would the Mayor care to comment on the lobbying of the legislature by the city for this?)

3. Ms. Bielik: “Strategic goals—(a) The incumbents voted to approve Strategic Goals for our city which include real estate speculation and putting oil and gas wells on city property….(b) The Strategic Goals meeting was a Public Meeting, but it was held out of town. This made it nearly impossible for our citizens to attend, and put an undue burden on you, the taxpayer. We have meeting rooms in our city big enough to handle the meetings. The wants and desires of our citizens were not included because you were not included in the meeting.”

FACTS: (a) A total misrepresentation of what happened. The Council did not vote to approve real estate speculation,
(no, they called it land banking for future development)  nor to place oil and gas wells on city property (they only voted to put gas wells on city property - oil would be incidental to drilling and was not discussed.) . We have never talked about oil wells. The Council did agree to examine the possibility of drilling for gas on city property, which is far from approving or putting them on city property. We do not know what is involved in such a matter, if it is practical, and what impact it might have. It is an exploratory measure and nothing more. (If you review the goals it sure does look like they are committed to this!) To my knowledge there is no oil production in this area and where this statement comes from, I cannot imagine. It is interesting to note that at the Goals Session meeting, Ms. Bielik did not express comments or concerns about this issue of exploring the drilling matters. (Obfuscation - the issue is not oil at all, it is drilling on city property which Ms. Bielik was trying to alert the citizens to.)

FACTS: (b) This Goals Session was to allow the City Council an opportunity to share their visions, ideas, and thoughts about the future of NRH. Every day each of us hear from citizens about what they believe are important. We constantly receive input. For a Council member to come to a meeting such as this and not be able to know thoughts and ideas of citizens is unbelievable and out of touch.
  (For all of you like me who do not have a voice with this council, how did the Mayor and his rubber stamp majority hear from you?  He obviously thinks he knows what is best for us!  From my own stand point - he appears to be the one that is really out of touch!)

4. Ms. Bielik: “Budget and annual financial report— (a) The annual city budget meeting was held out of town. A complete copy of the budget was not available for the citizens to review, until after it was approved by the Incumbents. Our citizens couldn’t adequately review nor comment on it before it was approved. (b) The Annual Financial Report contained an easily found error of $11 million. Two of the Incumbents, Lewis and Whitson, have accounting backgrounds, yet neither found the error. I found it quite quickly. Had I been as lax as they were, the Report would have been approved with this.”

FACTS: (a) Another misrepresentation by Ms. Bielik. A copy of the complete budget (identical to the one provided to Council)
(while there "might" have been a printed copy at the library, you could not check it out - and it was on paper 595 pages long.  My bet is that it is NOT identical to the one approved by the council.  This printed format precludes any real analysis and is as limiting on the council as it is on the citizens.  The electronic copy must be reserved for staff so no one will really be able to analyze this document.  As approved, the budget contained over $4 Million for "non-departments" without a single question from the council.  If the council doesn't know about it, how would anyone expect regular citizens to have a real chance to comment?)was placed at the Library and City Secretary’s office for citizens to review on Monday, July 26, 2004. It is always placed at the Library and City Secretary’s office for public review prior to the public hearing on the budget. A public hearing was held on August 23, 2004 in accordance with State law and City Charter, and several citizens spoke about the budget. (and the budget was approved without a single change at the next council session.  Citizen comments and suggestions were belittled and ignored.)  The budget was not adopted by the Council until September 13, 2004. 

FACTS: (b) The “easily found error” was nothing more than a typo in the highlights section of the Management’s Discussion and Analysis. This section is a written overview of the audit. No numbers contained within the audit were impacted. They were correct and totally balanced as verified by our independent, outside auditors. This “easily found error” changed nothing except a simple correction that again had no impact on the financials of the city. Yes, it needed to be changed to correspond to the financial section which is the recorded numbers for the City. Any of us non-accountants could have “easily found this as well.” Thanks to Ms. Bielik for good proof reading. It is interesting to note that after at least four reviews with her of the infrastructure funds for the economic development for the redevelopment project at North Hills Mall, and her proud statements of reading the audit “from cover to cover”, she asked the City Manager two weeks after the audit was presented, where we were going to get the funds to pay for the infrastructure funding, which is listed very clearly in the audit which she is so familiar with. 
(An $11 Million error to make the city look better wasn't important just like overstating the tax revenues from TIF#2 by 10 times in the city newsletter.)

5. Ms. Bielik: “Talking to staff—It has been requested I not talk to any department heads without going to the City Manager first. The result has been that it takes weeks to get answers to easy questions, if I get answers at all. They are trying to prevent me from solving problems or answering questions from our citizens. As an example, I asked a question of our City Manager (since I am no longer supposed to have contact with Dept heads) that our Finance Dept should have been able to easily answer, and have so far waited 2 ½ weeks without a response.”

FACTS: Another misrepresentation. No Council member has been directed or requested to not talk with department heads. Ms. Bielik does this on a regular basis and knows that she does. On the recent inquiry she made, the City Manager responded the next day to a series of 6 questions, most of which were not financially oriented at all. The requests that were financial were not readily available as she had asked for 2 years of data on a department’s detailed expenditures, and the staff had to go to the audited figures to obtain this. This took several days to compile for her, which was provided 13 days later. I would call this comment by her in this matter more than a misrepresentation, but a lie. 
(The agenda for the goals session did not show any planned discussion of "rules" for council behavior but the first evening was devoted to this only.  The recording of the session plainly shows the intent of Mr. Cunningham and others to restrict contact between the council members and city staff.  Ms. Johnson is heard saying that any questions should cost money to the council members who asked them.  Since this was not an agenda item, the meeting was in violation of Open Meeting laws.  There are lies here but not from Ms. Bielik.  The answers related to the "non-department" budgets and the information provided by the City Manager show gross violations of the approved budget for this year in his first response.  No questions asked from the incumbents on a $360,000 bad debt write off for ambulance service that was nowhere else in the budget and transfers exceeding the approved budget by a quarter of a million dollars to building maintenance.  The follow up response 13 business days later on the prior two years does not add up either and nearly a half million bad debt write off on ambulance service for two years didn't even trigger questions from our elected officials!   Ms. Bielik didn't vote for the budget but the other incumbents did.  The slush fund accounts for over 20% of total property tax revenue being budgeted to "non-departments" with no employees.  By the way, does anyone know what Mr. Cunningham's "market adjustment" is?)

6. Ms. Bielik: “Talking to businesses—I have been asked not to talk to any of our city’s businesses. Our City staff does not talk to our businesses until they are already experiencing problems. …” 
(Ms. Bielik reported this to me the day they suggested that it would be best if she didn't talk directly to any businesses!)

FACTS: Not true at all. Never has any Councilmember been told this. Our Economic Development staff is in constant contact with our businesses on a regular basis. Our Economic Development staff stays in good communication with them to see how they are doing, and how we can assist. Other departments of the city also are in communication with businesses. It is absolutely false that staff does not talk with businesses unless they are experiencing problems. 
(The Mayor has it partially right here.  The city staff does contact businesses to blackmail them into cutting down pole signs.  We have documented copies of citations withholding Certificate of Occupancy unless a sign is removed.  Code enforcement seems to have its own set of "laws" to hassle small businesses into beautifying their private property.  The current "enforcement" of our illegal sign ordinance is certainly "business unfriendly".)

7. Ms. Bielik: “Mowing Contract—Our city, with your money, pays to mow private property. ……”

FACTS: ABSOLUTELY FALSE. Ms. Bielik has a copy of the contract and the areas we mow and knows this is totally an untrue statement. The city mows 60 acres of rights of way, and 73 acres of the city’s drainage ways and facilities. The 60 acres are publicly owned rights of way adjacent and along the city‘s public streets. Twenty-nine of these acres are adjacent to vacant properties that are zoned non-residential to residential uses. The City does not mow private property. 
(Please let me know when they offer to mow the "right of way" they claim ownership of in front of your house.  This is only done for the developers and real estate interests with vacant land in our city.  It keeps the city "pretty" and who would dare ask any of these special interests to pay for this maintenance that you and I are penalized if we don't do ourselves.)

8. Ms. Bielik: “Ambulance Service—In the 2004 election, I fought hard to get the city to put a third ambulance into use…..The Budget approved in September included the ambulance, but service would not begin until May of 2005,. Well, May is almost here, and the plans have changed. Now it will be at least June, maybe later.” 

FACTS: I have no idea about her fighting for a 3rd ambulance in 2004 election, but before Ms. Bielik came on the Council, the Council had already concluded that we needed to put a 3rd Emergency Medical Service (EMS) crew in this year’s budget, and it was to be provided to coincide with the completion of the 2 new Fire Stations in order to better accommodate the personnel and equipment. Construction is a little behind schedule, but the crews are being recruited to begin in June. Ms. Bielik voted against funding of the EMS crews and the budget. 
(I believe a review of council records will show this was strictly a financial decision and had nothing to do with completion of the new fire stations.)

9. Ms. Bielik: “No new debt—The City has developed a bad habit of going further into debt without asking the voters for approval with the issuing of Certificates of Obligation……The City dropped plans to issue new Certificates of Obligation this year.”

FACTS: Interest rates for CO’s are less than revenue bonds and therefore saves considerable interest expense for the ratepayers to use them for long term financing on many projects. Obviously Ms. Bielik does not understand that interest rates are lower for CO’s over revenue bonds. Sometimes there is as much as 1% difference in the two types of financing, which can be significant interest savings and therefore savings to ratepayers. Many of the CO’s that have been issued are for facilities or projects that are paid by the revenues that are generated from such enterprise operations as our water sales, water park operations, and sewer projects. Others are for projects that help to facilitate development of tax generating commercial areas such as that of North Tarrant Parkway and Davis by the Wal-Mart Center, Albertsons, and other commercial areas that help our tax base and help us all. Without having this infrastructure when the development is ready would have caused these projects to go elsewhere in the adjacent cities with the loss of property and sales taxes. They are economic development initiatives. Another use by the City of CO’s was to replace and expand a severely problematic fire station that had to be reconstructed and to also to relocate another fire station versus building a 5th fire station. By doing these projects in a timely fashion, it has saved (and will continue to save) the City $1million annually in operating costs from now on as well as improving response times for both fire and emergency medical services incidents. Is that a bad use of CO’s ---saving tax dollars? The Texas Attorney General and a respected bond law firm have both approved of such issuances as legal and appropriate for the uses made of these. The recommendation not to issue CO's this year came from our Financial Department's review of the City’s needs and ability to finance current projects.
  (In fact, the financial folks at the last CO issuance said the rate was so good because we didn't need to be borrowing at all - in council session!  The incumbents like to use CO's because they do not require your approval.  They were used for the "routine" maintenance of the water tank on Booth Calloway too!"


10. Ms. Bielik: “I need help!…..”

Response: I agree. It is the job of each member of Council to try and work together constructively with the rest of the Council, rather than isolating themselves from the group and being counter productive. 
(Without help, the council is divided 5 to 2 at best.  If we would like to get the real facts on council activity - we need to elect more citizens to the council and to oust some of the current rubber stamp monarchy.)

Again I will state that I am sorely disappointed that Ms. Bielik would resort to making these untrue statements and misleading others as it is unprofessional and un-statesmanlike for an elected official to do so. I believe she owes the public and her fellow Council members, as well as the city staff, an apology for misrepresenting the city.
  (If there is anything un-statesmanlike on our current council it has to be the performance, attitude, comments and actions of our current Mayor!)

Sincerely,

Oscar Trevino
Mayor

c: North Richland Hills City Council

(This document was released to Ken Sapp and used in a campaign column on a local website.  Ms. Bielik did not release it for publication until after Mr. Sapp used it in one of his attack articles.)

Update:  Mayor Trevino allowed this campaign letter to be read in the City Council Meeting of 4/25/2005 in direct violation of council rules.  Tim Barth a citizen of NRH was allowed 10 minutes to publicize this letter in the council meeting.