CONJUNTO LEGEND RUBEN VELA DEAD AT 72 Conjunto legend Ruben Vela has died at the age of 72. The passing of Vela marks the end to a successful career for the San Antonio transplant who spent most of his years growing up in the Valley. Since his eleventh birthday when his mother presented him with his first accordian - a brand new two row Hohner - Vela played the bars and music halls of the Valley and across much of Texas garnering fans wherever he performed. In 1959, with his first hit in hand, Ruben started touring Texas. And his love for the music and culture and his unbinding talent made him one of the most treasured of grandfather Tejano stars. Throughout the years Ruben Vela’s music has touched the hearts and souls of Tejano fans around the world. In 1983 he was honored for outstanding contributions to the world of Conjunto Music and was inducted into the Conjunto Hall of Fame.  With the passing of this Conjunto pioneer comes the absense of his presence, but his music will live forever. Vela had been hospitalized for various ailments in the past decade but he remained a steady figure on the Conjunto circuit. He was scheduled to perform at the 2010 Tejano Conjunto Festival in San Antonio in May.  City searches for new librarian By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The City of San Benito is looking for another librarian as Cynthia Hart, now-former library director resigned on Tuesday, Feb. 16. Hart cited health reasons for her resignation. She said, “I don't think I can work full-time anymore. So I made the move to San Antonio to start my own web design business.” City Manager Manuel Lara confirmed that the city is currently advertising to fill the position and is taking applications. The city is running an ad with the San Benito News and on the Texas Municipal League (TML) website. Duties of a City of San Benito library director were listed and state: “Under the supervision of the City Manager, the main responsibilities of the library director will include but not limited to: planning, coordinating, and directing the activities of the city's public library which serves approximately 25,000-plus population; supervising library personnel; aiding with departmental budget; grant writing; performing related work as required. This position maintains an active role of community involvement and public relations through advertisements, visitations, etc. that stimulate reading and library support. The library director must make certain the city library operates under State of Texas compliance and certifications. ALA-accredited Masters of Library Science Degree required. Two years of secular library or classroom experience preferred. The incumbent must demonstrate basic computer skills with MS Office Suite. The following would be preferred: grant writing and bilingual. Must hold a current valid Texas Class C Driver's License and have reliable insured transportation.” According to Arturo Rodriguez, Human Resources Director for the City of San Benito and Civil Service Director, Fidel Atkinson is currently the acting librarian.  Teen mom charged with injury to child By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A teen mom from San Benito remains behind bars after she allegedly crashed her car into a tree while her son was inside. San Benito police charged Erika Segundo, 18, with injury to a child on Friday, Feb. 26. Segundo was arrested that evening after she allegedly drove a 2000 Mazda four-door vehicle without a valid Texas driver's license and collided into a tree. The accident left Segundo and her son injured and in the hospital. They were treated and released for injuries sustained in the accident. According to Lieutenant Martin Morales of the San Benito Police Department (SBPD), the incident occurred at approximately 7:42 p.m. Friday evening. Morales said Segundo had alleged she was assaulted by several subjects on 650 S. Reagan St. After which time, police said Segundo entered her vehicle, where her two-year-old son was inside, and drove away. She didn't get far, though, as police found the Mazda rammed up against a nearby tree. According to an SBPD press release, Segundo has been accused of driving northbound on Reagan “at a high rate of speed not taking into consideration that her two-year-old son was in the backseat buckled in his child safety seat.” “The driver admitted that she had no experience driving and was charged with injury to a child for recklessly causing bodily injury to her own son,” the release further read. As previously reported by the News, Segundo had no traces of alcohol or drugs in her system. Assault charges are still pending for the subjects involved in the alleged altercation prior to the accident, according to police. As of presstime, Segundo remained incarcerated at Carrizales-Rucker Detention Center in Olmito on $20,000 bond.  Polling confusion irks citizen By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net George Short of San Benito has a bone to pick. Short, a 69-year-old registered voter, said he experienced difficulty voting in the March 2 Republican Primary, troubles he attributed to what he deemed precinct confusion and unhelpful presiding judges. When Short arrived at the San Benito Community Building to vote on Tuesday, he said he was told that he had to vote elsewhere since he was a Republican. “I've always gone there to vote,” Short said, noting there was only one other case in which he had to vote elsewhere. Scrambling to determine where he could vote, Short was informed that he could cast his ballot at Sullivan Elementary. But he was again instructed that it was the wrong polling location. Finally, Short said he was able to vote at Ed Downs Elementary. “I had to go chase it down and find it for myself. In other words, it's up to you to find it but you have no way of knowing where it is, so it discourages people from voting. If I didn't have time to chase it down, I wouldn't have voted,” Short said. Although this has been a common issue during past Democratic and Republican primaries, Cameron County Elections Administrator Roger Ortiz said an option to cast a provisional ballot should be offered to voters before sending them on what Short called “a treasure hunt” for the proper polling location. Ortiz said while it's true that the Democratic and Republican parties often choose separate polling locations during the primaries, the option to cast a provisional ballot assures that “no voter gets turned away.” “This is also done for people who come in without an ID or if they're not registered. It (casting a provisional ballot) should be offered at all locations,” Ortiz said. Short said this was not the case at the San Benito Community Building. “Number one, they didn't tell me that I could vote there. I guess I knew I could because they said I was registered on their roll as a Democrat, but I'm not a Democrat. And the other problem with this is they didn't know where I could go vote or where I was supposed to go vote,” Short said. “It's not well-organized and not done correctly. And I was not the only one. Every place I went there was the same chaos.”  Police seize over 100 pounds of marijuana in bust By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net One man was apprehended and the other escaped from authorities on Thursday as the suspects were allegedly found with over 100 pounds of marijuana in their possession. Lieutenant Martin Morales of the San Benito Police Department (SBPD) reported that a routine traffic stop led to the drug bust. It was at 1:45 p.m. on Thursday, Feb. 25 when a San Benito police officer pulled over a 1994 red Chevrolet Suburban on the 1000 block of North McCullough. Morales said the vehicle displayed an expired registration sticker. As the officer was approaching the driver, Morales said two males quickly exited the vehicle and fled on foot. The lieutenant said only one suspect was chased on foot at that time because backup had yet to arrive. “They went to different directions, and by the time backup got there we lost one of them,” Morales said. However, police caught up to the passenger of the vehicle and placed the man under arrest. That suspect identified himself as Adolfo Martinez Pineda, a 23-year-old Mexican national from the Matamoros area. Morales said police apprehended Pineda two blocks away from the point of the traffic stop. The driver of the vehicle eluded authorities, running toward Business 77 and into the director of Miller Jordan Middle School. Police said that for precautionary measures the school was placed on lockdown for nearly an hour. “It (lockdown) was just in case he would want to run into the school and take cover, but after everything kind of cleared up, we let them know that everything can go back to normal,” Morales said. Police continued searching for the suspect as of presstime. Meanwhile, police discovered 40 bundles of marijuana - equaling 108.75 pounds - in the back of the Suburban. According to Morales, investigators believe the suspects were in possession of the marijuana with intent to distribute. Furthermore, police have thus far been unable to determine where the suspects were heading with the marijuana. “Everything is still ongoing. The narcotics guys checking into it,” Morales said. Pineda was arraigned Friday morning before Municipal Court Judge Benjamin Yudesis. His bond was set at $25,000 for one count of evading arrest and $75,000 for possession of marijuana.  School Board extends superintendent's contract to 2013 By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Antonio G. Limón, Superintendent of Schools for the San Benito Consolidated Independent School District (SBCISD) received a one-year contract extension. On Feb. 9, the SBCISD Board of Trustees voted unanimously to extend Limón's contract without a raise. His contract now extends to 2013. Although Limón's contract was extended in September of 2009, the superintendent said such action has long been necessary in February to fall in line with other school districts' evaluations of their superintendents. “Traditionally, contracts are extended at the same time of evaluation, which is in February like the rest of the superintendents in Region One. So now the only difference is that my evaluations will also be in February as opposed to September,” Limón said, noting that he wasn't given a raise since a two percent across-the-board raise was implemented last year for all non-teaching professionals employed with the district. This elevated his salary then by $3,000 to $149,800 annually. Regarding his evaluation, Limón said it was “favorable.” “I'm thankful to the good Lord as I will continue serving the community at least for the next three years,” he said.  Shrimp Fest scores big in San Benito By SCARLET O'ROURKE Special to the NEWS Approximately 2,000 people flooded the South Texas Events Center in San Benito on Thursday, Feb. 18 for the 16th Annual Shrimp Fest. Held the third Thursday of every February, the event was organized by four Rotary clubs, which includes the three Harlingen chapters as well as the San Benito club, to raise funds for various local charities that Rotary benefits. This was the first time in eight years that the Shrimp Fest was held in San Benito. It had previously been held inside the Casa de Amistad in Harlingen for 15 years. According to Tom Mathis, Rotarian and President of the Rotary Shrimp Fest of South Texas, Inc., the event outgrew the accommodations at Casa de Amistad five years ago. In fact, while local Rotarians served 1,600 people last year, 900 of them were carryout due to lack of seating. This had a negative effect on the auction and raffle, which requires the most participants possible in order to raise more funds. Bill Weekly, a San Benito Rotarian and owner of Whalen's, leased the South Texas Event Center to Joe Garza on the understanding that for three years, the Rotary clubs would have free access to the building for the Shrimp Fest. Mathis said, “It doesn't take a rocket scientist to figure out whether we would pay Casa de Amistad in the city of Harlingen for a place where we can't even seat all our people, or move to San Benito where we have a new venue that can seat twice as many people and is free of charge.” Indeed as about 2,000 people attended the event, proving to be one of the most successful Shrimp Fests in its history. As is it has been the case in the past, there were no paid employees at Shrimp Fest. It was all volunteer work. Over 1,500 pounds of wild Gulf shrimp was purchased in Port Isabel back in September at the height of the shrimp season, which is the best time to buy, according to Mathis. It was frozen and stored in Port Isabel until Rotarians brought it to Loaves and Fishes to be prepared for the event. Twelve Rotarians prepared all the shrimp for the next day. At 5:30 p.m., San Benito High school's Mariachi band kicked off the event with entertainment for the guests. The food was then served and a silent auction commenced. All the proceeds from the night went to charities supported by the four Rotary clubs.  Attorneys engage in dialogue over mayor suit By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The saga continues, at least for another two or three weeks. On Friday, Feb. 19, Judge Rolando Olvera of the 445th Judicial District Court in Brownsville granted a continuance requested by Ernesto Gamez, the lawyer representing the City of San Benito against a lawsuit filed by former mayor Joe H. Hernandez. Hernandez and his attorney, Miguel Wise, were seeking an injunction on Friday to reinstate the ex-mayor after the San Benito City Commission voted in January to recognize his forfeiture of office for violating the city charter. According to City Attorney Jan Cassidy, Hernandez automatically forfeited his office for owing back taxes to the city. The city charter states that an elected official forfeits their office if at any time during their term they lack any qualification prescribed by the charter or by law, including paying all taxes due to the city. Hernandez has argued that Cassidy misinterpreted the charter. Citing three days time to prepare for the case, Gamez initially requested a one-week continuance; though his request also included arguments that case law has, in the recent past, shown that courts have ruled in favor of municipalities in which an elected official automatically forfeited their office over charter violations. Meanwhile, Wise expressed concern regarding a phone call he made to Gamez on Feb. 15 that was not returned - Wise said he wanted to ask Gamez if he was defending the city. Gamez said he could not answer such a question since he was not officially representing the city at that time. But Wise quipped that such an argument made the plaintiff's case regarding the temporary restraining order (TRO) his client sought on Feb. 9. Wise was criticized for not contacting Cassidy when he sought ex parte, but he said that - by Gamez's own admission - there was no representation to contact if Gamez's services had not been officially required until after the TRO was filed. Although Gamez did not begin representing the city until Wednesday, he previously stressed that Cassidy would have been the appropriate person to contact before seeking ex parte. The TRO in question was granted by Judge Elia C. Lopez, who was the presiding judge in the 445th at the time the order was signed. In its original form, the order prohibited the city from holding a special election to fill Hernandez's mayoral seat and restrained the commission from: preventing the plaintiff from performing his duties as mayor, voting and/or declaring the office of mayor forfeit or vacant, deliberating the forfeiture in question, and violating the city charter and Texas Open Meetings Act which Wise argued gives the mayor the authority to prepare agendas for all regular and special meetings of the city commission for the City of San Benito. Gamez argued earlier in the proceeding that such an order “held the city hostage.” “It prohibited much of the city's government process,” Gamez said. The order was amended two days later; Cassidy said the amendment came after she informed Judge Lopez that Wise did not contact her before seeking ex parte. The amended order now only prohibits the commission from holding a special election to fill Hernandez's still-vacant mayoral seat. Wise and Gamez further engaged in a brief dialogue regarding what version of the order would be implemented until another hearing is held. Judge Olvera requested that the two legal teams convene behind closed doors to come to a decision. At approximately 10:45 a.m., after about an hour of discussions, Wise and Gamez notified Judge Olvera that a continuance will be sought with the amended TRO in place until the next scheduled hearing. Cassidy said the hearing may be held the week of March 8. Until such time, Place 2 City Commissioner Jack Garcia, who also serves as Mayor Pro-Tem, will continue to act as mayor for the City of San Benito. In the meantime, the commission is scheduled to set an hourly rate of compensation to the Gamez Law Firm as well as to approve payments for services rendered in Hernandez's suit during Tuesday's regular city commission meeting. Present at Friday's hearing were Hernandez and his family, San Benito City Commissioners Jack Garcia, Bill Elliott and Celeste Sanchez as well as city administrators Manuel Lara, city manager; Lupita Passement, city secretary; and Hector “Chuck” Jalomo, assistant city manager. Wise subpoenaed Lara, Passement and Jalomo for the hearing.  Lone survivor in crash charged By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A week ago he was in the hospital, now he's behind bars. The San Benito Police Department (SBPD) charged Brownsville resident Pedro Antonio Andrade, 24, with two counts of intoxication manslaughter on Saturday - this after Andrade was recently involved in fatal car crash that claimed the lives of two local men. Andrade was injured in the accident and had just been released from Valley Baptist Medical Center in Harlingen when he was charged. He was arraigned by Judge David Garza at 12:30 p.m. on Saturday, Feb. 20; his bond was set at $40,000 on each count for a total of $80,000. As of presstime, Andrade was listed as an inmate at Carrizalez-Rucker Detention Center in Olmito. The accident in question occurred at approximately 2:45 a.m. on Feb. 14 on the intersection of Sam Houston Boulevard and Turner Street. It was a two-car collision that involved Andrade and two others. SBPD Lieutenant Martin Morales previously reported that Andrade was driving a 1999 Crown Victoria, which was traveling southbound on Sam Houston at the time of the accident. Morales said the collision occurred when a 1999 Ford Windstar van attempted to make a left turn onto North Sam Houston off Turner Street. Inside the van were 26-year-old San Benito residents Jesus Lopez, Jr. (driver) and Clemente Torres (passenger). The car t-boned the van in a visibly violent collision, which sent both vehicles over a hundred feet away from the point of impact and nearly onto a home's front yard. Lopez and Torres, the occupants of the van, died from injuries sustained in the accident - the driver from “massive internal injuries” and the passenger from “a broken neck.” The Windstar and Crown Victoria were totaled beyond recognition. Andrade was hospitalized as a result but improved in condition from critical to serious before released recently. Investigators at the scene of the accident said alcohol was involved.  Fire Marshal: Suicidal woman tried to escape fire By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito Fire Marshal Henry Lopez said that a woman who allegedly started a fire in an attempt to commit suicide may have tried to save herself in the end. According to Lopez, 44-year-old Teresa Garcia of San Benito, who passed away Tuesday evening due to smoke inhalation in a fire authorities alleged that she started, may have attempted to escape. “At some point she may have realized what was happening and tried to get out,” Lopez said. He based his theory on fire patterns. Specifically, the fire marshal said there were two fires started at Garcia's residence, located at the Village Apartments on 1554 Combes St.; one in the bedroom in which the mattress was set ablaze and one inside a kitchen drawer. Lopez said fire patterns indicate that after Garcia allegedly started the fire in the bedroom, it is believed she tried to get out, opened the door successfully but, according to investigators, appeared to have collapsed over a table in the kitchen area. When San Benito police were called to the scene, this at 7:24 p.m. Tuesday evening, the responding officer reported that Garcia was lying face up on the floor with a brown table on top of her. Police reports also read that the smoke was so thick the responding officer could not enter the home and take the woman out. Firefighters who arrived promptly were successful in doing so and proceeded to perform CPR, but to no avail as Garcia died later that evening. Lopez said Garcia had somewhat of a violent history and was allegedly known to have been involved in numerous physical altercations with neighbors - some of whom corroborated as much. One neighbor, 49-year-old Esmeralda Leal, was reportedly visited by Garcia just moments before people began to smell smoke. According to police reports, Leal was approached by Garcia, who asked for a ride to get her check cashed. The report further reads that when Leal instructed Garcia that she could not do so at the time, Garcia allegedly said she was going to kill herself. Still, this was a remark in which neighbors said Garcia often made. Tomasita Torres, 25, is a resident at the Village Apartments and said, “She was just ill. She'd cuss out a lot of people, too. But she wouldn't tell me anything. I think she had depression, because she would cry a lot.”  Lone survivor in fatal car crash faces charges By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The only survivor of a fatal car crash early Sunday morning faces intoxication manslaughter charges, police said. It all started at approximately 2:45 a.m. Sunday, Feb. 14, when officers with the San Benito Police Department (SBPD) responded to a two-car collision that occurred on the intersection of Sam Houston Boulevard and Turner Street in San Benito. Significant damage was sustained to both vehicles involved, a 1998 Ford Windstar van and a 1999 Crown Victoria - both white in color. Much of the intersection in question was covered in glass and debris. And although it was near 3 a.m., dozens of citizens who reside in the area - many of whom awakened by the loud crash - observed the scene as police, firefighters and EMS worked to secure the area as well as provide medical attention to those involved. Though police have yet to determine the speed in which the vehicles were traveling, the impact was such that both the van and car were thrown about a hundred feet away from the point of impact and near the front yard of an adjacent home. The Windstar and Crown Victoria were left unrecognizable. SBPD Lieutenant Martin Morales said the occupants of the van, Jesus Lopez, Jr. and Clemente Torres - both 26-year-old San Benito residents, died on the scene. Lopez was reportedly the driver of the Windstar and Torres was sitting in the front passenger seat, Morales said. “The driver of the van had massive internal injuries, and the passenger's neck was broken, possibly from severe whiplash,” Morales said of the gruesome crash. Twenty-four year-old Pedro Antonio Andrade of Brownsville was identified as the driver of the Crown Victoria. Morales said Andrade suffered from head trauma and was hospitalized at Valley Baptist Medical Center in Harlingen. “The van was traveling eastbound on Turner Street and was attempting to turn northbound onto Sam Houston when the other vehicle (Crown Victoria) was coming southbound on Sam Houston. It was obvious the van failed to yield the right of way and collided with the car,” Morales said. However, the lieutenant said police on the scene had reason to believe alcohol was involved in both cases. On Saturday, Feb. 20, Andrade was charged with two counts of intoxication manslaughter.  Big Squeeze auditions come to Narciso Martinez Cultural Arts Center By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net In a culture in which many young Tejanos often flock to an accordion to play like their idols, such as San Benito's own Narciso Martinez - the touted father of the Texas-Mexican Conjunto; it's somewhat rare to see the musical genre come to them. But this was indeed the case on Wednesday evening, when officials with the Texas Folklife Big Squeeze accordion contest held auditions at the Narciso Martinez Cultural Arts Center in San Benito. According to organizers of the Big Squeeze contest, the fourth annual competition is open to up-and-coming Texas musicians 21 years of age or younger in any genre of accordion-based music, including Tejano, Conjunto and Norteño; Cajun; German, Czech, and Polish polka; Western; and Zydeco. Texas Folklife Program Director Cristina Balli, who once operated the cultural arts center in San Benito, said it made sense to conduct a sort of grassroots recruiting effort for grassroots-style music. “This year we're doing this differently. In the past years, we asked contestants to mail in entries, recordings of themselves. This year, instead of asking contestants to mail in their entries, we decided to go to them,” Balli said. “Since this is grass roots music, we need to go out to the communities where they are and do some grass roots recruiting.” Balli added that this Big Squeeze tour will hold auditions in nine cities throughout Texas - San Benito was the third. There were several performers who participated at the cultural arts center audition, much to Balli's approval. She noted that when the Big Squeeze contest is held, more than half of those who advance are usually from the Valley. In fact, present at Wednesday's audition was last year's Big Squeeze runnerup, 16-year-old Gloria Jean Cantu of San Benito. “I think I did pretty well, but there were a lot of good players here, too,” Cantu said after she finished her audition. Balli said, “The reaction has been good. Lots of kids come, lots of people come and watch the auditions, and there's lots of enthusiasm.” Of those who attended were children near five years in age. Balli stressed that the trend in which younger generations have begun to embrace their heritage and hence Conjunto music has not slowed but will instead continue. At the end of the auditions, Balli presented the Big Squeeze film by renowned director Hector Galán. It is a film that premiered at the South by Southwest Film Festival in 2009 and has been featured on public television stations nationwide. The Big Squeeze documents contestants during the first two years of the Big Squeeze contest, from the urban barrios of Houston to the colonias along the U.S.-Mexican border. For more information on the Big Squeeze accordion contest, call (512) 441-9255.  Family mourns soldier's death By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A knock at the door of the Alvarez residence on Wednesday evening changed the San Benito family's lives forever. Waiting outside their San Lucas Street home were people who every family with a loved one in combat hope they never see at their doorstep. They were officials with the U.S. Army, and their purpose at the Alvarezes' was to inform them that their beloved Adriana Alvarez had passed away. Adriana, a 20-year-old Private First Class in the Army, died while stationed in Baghdad, Iraq on Wednesday. The cause of death was not revealed as of presstime; however, the Army is reportedly investigating the circumstances surrounding her death. Alma Alvarez, Adriana's 25-year-old sister, said her family has been devastated by the news. And although Alma is in mourning, she's also attempting to carry the grief-stricken but tight-knit family through the tragedy. “We never saw it coming. It was a shock, and it still is a shock actually. We still can't believe it. It's been devastating since we found out,” Alma said. “Right now it's really hard for the family, but I'm trying to stay strong for them.” Adriana leaves behind Alma and two other sisters, 16-year-old Diana and 10-year-old Alice, as well as her parents Gabriel and Alicia Alvarez. Alma said the sisters were very close and “did everything together,” not to mention keeping in constant contact with one another. In fact, the two had spoken on the phone Monday. “She just talked about regular things. `How's everything going, what's new?' Everything was fine, the same old her,” Alma said of her late sister, pausing for a moment. “We were really close sisters … very close.” Adriana was a graduate of the San Benito High School Class of 2008. Seeking experience that would eventually benefit her desire to work in the criminal justice field, Alma said Adriana enlisted in the Army immediately after high school, thus beginning her military career. “That was one of her choices, and she went for that. She ended up being military police, an MP, while serving in Iraq,” Alma said. On Friday, when news of Adriana's death became public, local and state officials responded with condolences to the mourning Alvarezes. Place 2 San Benito City Commissioner and Mayor Pro-Tem Jack Garcia was not the exception. “On behalf of the City of San Benito, we give our condolences to the family,” Garcia said, further noting that the flags in San Benito will be flown at half staff until Adriana's body returns to her hometown. “I have spoken to one of the sisters and told her that we would do whatever we could to assist them during this time of sorrow.” Antonio G. Limón, Superintendent of Schools for the San Benito Consolidated Independent School District (SBCISD) issued the following statement: “Adriana Alvarez attended schools in San Benito, graduated in 2008 and made an admirable and courageous decision to enlist and serve our country. We realize this is a very difficult time for the family. At this time, we would like to extend our heartfelt thoughts and prayers to members of entire her family.” State Rep. Eddie Lucio III offered praise for Alvarez's “dutiful service.” “It's a difficult occasion, when a community must express both pride and grief. Upon learning of Private First Class Alvarez's passing this week, we find ourselves, sadly, in one of these moments,” Lucio said. “She, like many of our young men and women, died while serving to protect a country and the people she loved. We are eternally grateful and humbly honored to be the beneficiaries of her bravery. We pray that her family will find some comfort in this knowledge, in the difficult days and weeks ahead.” Lucio went on to describe Alvarez's passing as unique in that she is the first woman from the area to lose her life in Operation Iraqi Freedom. “We hope she will be the last soldier that San Benito, the Valley, or the nation must mourn, but realize that there may be others. While we grieve for our tremendous loss today, we also honor those that continue to fight tomorrow.” Also commenting was Congressman Solomon P. Ortiz, who said, “My deepest sympathies go out to the family of Private First Class Adriana Alvarez, who passed away Wednesday while serving in support of Operation Iraqi Freedom. I know that this is a difficult time for the Alvarez family, but I know how proud our nation and the community of San Benito are of PFC Alvarez's selfless service in defense of the United States. Private First Class Adriana Alvarez's family, friends and loved ones remain in my thoughts and prayers during this difficult time.” Adriana's body returned home on Feb. 18; funeral services were held Feb. 20. San Benito Police Chief George Gomez, knowing Adriana's desire to work in the criminal justice field, recently made her an honorary police officer.  Childcare center under fire By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The owner of a local child care facility that has recently come under fire for allegedly leaving a six-year-old boy inside a van for over an hour said she will comment in time, just not now. Gloria Rocha, owner of Spirit of Joy Christian Child Care Center in San Benito, said her attorney advised her not to speak on the matter but assured the News that she would “in due time.” “Right now they're still investigating,” Rocha said in reference to a standard investigation by the Texas Department of Family and Protective Services (DFPS). The probe was initiated after Ryan Rickert Jr., father of six-year-old Ryan III, claimed his son was left inside the center's van for about an hour and a half. Rickert, who's currently in San Antonio, alleged the incident occurred when center employees picked up his son from a local elementary school at approximately 3:30 p.m. However, Rickert said a family member found his son still inside the van in which he was transported - this when he was supposed to be picked up from the center at approximately 5 p.m. The explanation given to the family, according to Rickert, was that everyone in the van allegedly exited the vehicle promptly so as to avoid heavy rain at the time. Rickert said although it was believed everyone was off; his son was asleep inside the vehicle. “They were very sorry,” Rickert said about the center. “They didn't know where he was and had been searching for him. My son has asthma, and he also could have walked out to the street. Anything could have happened to him.” Rickert said he's working to come back to San Benito and address this issue in hopes of establishing resolve. He further stressed, “I just don't want to see this happen again, not to anyone's kids. I want them to see what they did was wrong and then correct the problem.” Spirit of Joy, located on 1155 W. Stenger St., has been a licensed child care facility in the state of Texas since 2003 and maintains a relatively clean history, at least according to DFPS compliance records. The center's only violation came in the summer of 2009, when records showed that an inspector deemed the center's playground surface as not up to par with state standards. “When it was pointed out during inspection, they took care of it,” Lennan said, adding that this recent incident will be investigated to determine if state standards were being followed.  Underage mom, man charged with endangering child By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Authorities reported Tuesday that a 24-year-old man and a 16-year-old girl were arrested for endangering their child; this after police said they allegedly passed out in the middle of the road. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said the man, identified as Ernesto Treviño of San Benito, was found inside a 1995 black Nissan Maxima; allegedly in a drug-induced haze. The car was parked in the middle of the 200 block of E. Stenger Street. In the front passenger side was the 16-year-old mother of his 11-month-old baby. Morales said the teen, whose identity was not revealed due to her juvenile status, was also passed out while her baby was crying on her lap. “Police officer Frank Marroquin reported that the vehicle was stationary, just in the middle of the road with the vehicle's engine still running,” Morales said, adding that police approached the vehicle initially believing that it may have been stolen. “It was cold out there, yet the baby was wearing a one-piece with the arms and legs exposed.” The lieutenant further reported, “The baby was crying and needed attention, but they (Treviño and 16-year-old mother) were just passed out in the middle of the roadway, not really listening to our voice commands.” Once awake, police placed Treviño and the teen under arrest for endangering a child. The two were also charged with possession of a controlled substance and possession of marijuana; 9.9 grams of cocaine were allegedly found in Treviño's wallet. Treviño was additionally charged with DWI. “Inside the vehicle were 16 pills, a combination of ecstasy and xanax, not to mention a small amount of marijuana,” Morales said. Treviño is currently incarcerated in San Benito city jail and awaits arraignment; the 16-year-old is in the custody of juvenile authorities. In the meantime, police said the baby was temporarily placed with members of Treviño's family. Child Protective Services (CPS) has been contacted on the matter.  Garcia: Taxes paid before deadline By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Place 2 San Benito City Commissioner Jack Garcia said he has proof that he paid his taxes before the filing deadline in 2008, the year in which he ran for office. Garcia recently came under fire when San Benito resident Jose Garcia accused the commissioner on Tuesday of owing back taxes to the city, alleging further - with supposed tax records in hand that he said were found on his doorstep - that Garcia should “step down” as a result. Specifically, Jose Garcia alleged that the commissioner did not pay his 2007 property taxes until March of 2008. This prompted Jose Garcia to call into question the commissioner's 2008 election, citing tax delinquency that he claimed extended past the City of San Benito's deadline to file for election. But according to the City of San Benito 2008 Election Calendar, which was provided to the News by Commissioner Garcia, the deadline to file for a place on the 2008 ballot was March 10 of the same year. The commissioner then provided check stubs showing that he paid his property taxes as of Feb. 25, 2008, contradicting Jose Garcia's claims that the taxes were not paid until March. However, Commissioner Garcia said the check was mailed to the tax assessor's office, which may not have been received until March. Regardless, the commissioner called this information proof that he was not delinquent at the time of the filing deadline nor has he been delinquent during his time in office, at least according to his check stubs. But there are also some who've called into question the commissioner's election application, which was signed by Garcia on Feb. 14, 2008, at a time in which his 2007 property taxes were delinquent for 14 days. Allegations specified that Garcia signed the paperwork falsely swearing that he had paid all taxes due to the city by Feb. 14. This, however, is an accusation Garcia also deemed false. According to Garcia's 2008 application for a place on the City of San Benito general election ballot, his signature was penned swearing the following: “… that I will support and defend the Constitution and laws of the United States and of the State of Texas. I am a citizen of the United States eligible to hold such office under the Constitution and laws of this state. I have not been finally convicted of a felony for which I have not been pardoned or had my full rights of citizenship restored by other official action. I have not been determined by a final judgment of a court exercising probate jurisdiction to be totally mentally incapacitated or partially mentally incapacitated without the right to vote. I am aware of the nepotism law, Chapter 573, Government Code. I further swear that the foregoing statements included in my application are in all things true and correct.” Still, Jose Garcia contends that the commissioner was not in line with the charter, which states that a candidate “shall have paid all taxes due the City of San Benito and be freed from debt to said city and shall have resided in the State of Texas 12 months and in the City of San Benito six months prior to filing deadline.” “So he had no business filing if he owed taxes to the City of San Benito. He cannot run office,” Jose Garcia said on Friday. “He had to qualify to file, and Feb. 14 was the deadline to declare yourself as a candidate.” The commissioner disagreed, contending that the March 10, 2008 deadline to file for a place on the ballot is what the charter was referring to regarding a candidate's eligibility. “I want to clarify the whole issue that one may think I don't pay my taxes. I do pay my taxes,” Garcia said. “I wanted to provide all these records so it can answer questions and so these allegations can end in order for us to move on.” These issues have come to light after the forfeitures of Mayor Joe H. Hernandez and Place 1 City Commissioner Rene Farias for being delinquent on taxes they owed to the city at one point during their tenures. City Attorney Jan Cassidy has stated that the city charter calls for the forfeiture of office by a commission member if at any time during their term of office they are in debt or delinquent in taxes to the city.  Hernandez restraining order granted, then amended By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A temporary restraining order filed by Joe H. Hernandez's attorney Miguel D. Wise against the City of San Benito was granted Tuesday, Feb. 9 in the Cameron County 445th Judicial District Court; it was then amended Thursday, Feb. 11. The temporary restraining order and notice to appear was signed by presiding judge Elia Cornejo Lopez (Rolando Olvera is the 445th judge) and called for the city commission to refrain from preventing Hernandez from performing his duties as mayor and declaring the office of mayor as forfeited and/or vacant. Its amendment on Thursday, however, prevented the city commission only from calling a special election to fill Hernandez's open mayoral seat. The order did call for a temporary injunction hearing to be held at 10 a.m. on Feb. 19 inside the 445th courtroom. Such action comes after the San Benito City Commission recently voted to recognize what City Attorney Jan Cassidy deemed as Hernandez's automatic forfeiture of office as mayor for owing back taxes during his term in office. Cassidy said she based her opinion on language in the city charter, which states that a city commission member forfeits their office if they lacks at any time during their term any qualification prescribed in the charter or by law, which includes paying all taxes due to the city. On the temporary restraining order, Cassidy said it was amended because, “(Hernandez's) attorney violated a local rule and didn't contact me when he was going to seek ex parte release, and that's a local rule that's required. He didn't do it.” Wise and Hernandez could not be reached for comment as of presstime. However, in a statement that was attached to the suit when submitted to the News, Hernandez requested that the press not contact him, his family, or his attorney until “the judicial review process has been resolved.” It should be noted that no gag order has been issued in relation to this case. Place 3 City Commissioner Bill Elliott had this state on the matter: “It's in the hands of the court.” Echoing his sentiment was Place 2 City Commissioner Jack Garcia, who said, “I haven't read the details; however, the positive thing out of this is that this is going to get resolved once and for all.” Hernandez's statement further reads the following: “Partisan politics and power grabbing have been put before the interest of hard-working families of San Benito, Texas. In their attempt to suppress and eliminate any opposing thought of ideals, Commissioners Jack Garcia and Rene Farias conveniently forgot that they live in glass houses. Commissioner Rene Farias has recognized his wrongdoing while Commissioner Jack Garcia ignores political reality and his mistake. Now he must reap what he sowed.” Farias recently forfeited his office in an attempt to “abide by the charter” as he, too, owed back taxes on a business his wife owned. Regarding Garcia, Hernandez was referring to the Place 2 commissioner recently coming under fire when a local resident claimed he owed back taxes to the City of San Benito at the time he filed for election in 2008. Garcia, though, provided check stubs to the News showing that he paid his taxes on Feb. 25; such payment was recorded on March 7, three days before the filing deadline of March 10. In Hernandez's statement, it is alleged that Garcia was improperly placed on the ballot for city commission for not paying his city taxes when he filed his application. “If this is true, Commissioner Garcia's actions remind me of a Mexican dicho or saying my grandmother used to say, `Tiras la pierda y escondes la mano,' which translates into, `throw a stone and hide your hand.' Commissioner Jack Garcia has been caught `red-handed,'” Hernandez said. Garcia contends this is not the case and cites the city charter's eligibility section, which states that a candidate must pay all taxes due to the city and be freed from debt as well as resided in the state for 12 months and in the city for six months “prior to filing deadline.” The filing deadline, Garcia said, refers to the March 10 deadline as stated in a City of San Benito election calendar for the year 2008, not the Feb. 14 date in which he signed an application for candidacy. The statement then stresses voter rights, Democracy, and that “political coups should play no part in our city.” “I have the honor of serving this fine city as mayor. I owe a debt to all the citizens who elected me mayor of San Benito and will not let partisan politics override the fundamental right to have the ideas of the minority heard,” Hernandez's statement further read. In the past, members of the commission have vehemently denied that any politics were played in Hernandez's forfeiture of office. Interestingly, Hernandez's request for a temporary restraining order and temporary injunction states that the underlying premise for the attempted forfeiture of office of mayor was based on “an erroneous belief that [sic] owing city taxes when he filed for office.” But it has been well-publicized that Cassidy based her opinion that Hernandez forfeited his office automatically by owing taxes during his tenure as mayor, not when he filed. Moreover, Hernandez's request also reads that the city commission attempted to remove him based on the forfeiture section of the city charter; but a different subsection was cited in the request in lieu of the subsection Cassidy and commissioners have cited. Other highlights of Hernandez's request include previous accusations that Garcia illegally posted a supplemental agenda to the Jan. 19 commission meeting in which Hernandez's forfeiture was recognized. The city secretary's duties - according to the city charter - were cited as giving notice of city commission meetings. It is also alleged in Hernandez's request, “based on information and belief,” that members of the city commission “conspired to meet in groups constituting less than a quorum in order to circumvent the Texas Open Meetings Act.” Should the court determine that a San Benito city commission member must not owe taxes or have a debt after filing and being elected to office, Hernandez will argue that the city charter is void for violating due process and equal protection of the Fourteenth Amendment of the United States Constitution.  Public comments heat up at meeting By SCARLET O'ROURKE Special to the NEWS The public comments portion of the Tuesday, Feb. 2 regular city commission meeting in San Benito heated up when allegations were brought before the elected officials by a citizen of San Benito. San Benito resident Jose Garcia came to the podium with a fire and brimstone speech. He immediately made accusations against Place 2 City Commissioner Jack Garcia, claiming that Commissioner Garcia must step down from his position because of taxes he owed from 2007 that he allegedly did not pay until March 2008. This comes after the forfeitures of Mayor Joe H. Hernandez and Place 1 City Commissioner Rene Farias for being delinquent on taxes they owed to the city at one point during their tenures. City Attorney Jan Cassidy has stated that the city charter calls for the forfeiture of office by a commission member if at any time during their term of office they are in debt or delinquent in taxes to the city. “Be honest, be a good citizen,” Garcia told the commissioner. Garcia said he worked for the Internal Revenue Service (IRS) for over 20 years and claimed he knew the tax laws very well. Garcia was met with applause from the audience as he stepped down. At the end of the public comments, Commissioner Garcia defended himself, saying, “I paid my taxes.” Commissioner Garcia did not specify when he paid and which tax year he was referring to, however. Garcia showed the News what he deemed was “proof” of his claims. He pulled out paperwork with Commissioner Garcia's alleged tax information on it, which included the dates Garcia claimed proved that the commissioner was delinquent in his taxes while running for office. Garcia went on to explain that the Plc. 2 commissioner's 2007 taxes were due on Jan. 31, 2008, but the paperwork showed Commissioner Garcia hadn't paid until March 7, 2008. It was during that period that Commissioner Garcia was actively pursuing a seat on the commission and had not yet been elected. But according to Garcia, if such tax information is true, then that made the commissioner delinquent prior to his filing deadline. Garcia further argued the commissioner should therefore have never made it through the election process. Furthermore, Garcia said he discovered the paperwork next to his morning newspaper in a manila envelope. He swore he had no idea where the documents came from prior to his finding them. “My whole world revolves around integrity,” Garcia further noted. Garcia did not verify when such information was made available to him; he also did not make the copies of his information available to the News. Meanwhile, Commissioner Garcia contended that he never violated any portion of the charter. “I've never had to pay back taxes and I've never had a debt to the city, as far as taxes are concerned, during the time I've been in office. Never,” Commissioner Garcia said. “The charter specifically states under the forfeiture section `lacks at any time during the term of office.' I've never been delinquent in taxes during my time in office.” The eligibility section of the charter, in its entirety, states that a city commission member “shall have paid all taxes due the City of San Benito and be freed form debt to said city and shall have resided in the State of Texas 12 months and in the City of San Benito six months prior to filing deadline.” Commissioner Garcia, though, said Garcia may have confused the language. “You got to be free from debt before you take the oath of office. The portion where it states `prior to filing deadline' is talking about that I have to live in San Benito,” Commissioner Garcia said. Former candidate for city commissioner Jose Morales also had something to say. During public comments, Morales spoke “as a citizen” and touched on the need for elected officials to do “what's right” and follow the laws put forth by the city charter. Morales said, “We should have elected officials who pay their taxes.” The audience clapped in agreement with Morales as he stepped down to take his seat amongst them.  Hernandez's public hearing rescheduled By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The public hearing requested by Joe H. Hernandez to contest the San Benito City Commission's interpretation of the city charter, which led to his automatic forfeiture of office as mayor, has been rescheduled. According to a notice of a special commission meeting printed in the Classifieds section of the Feb. 3 San Benito News, the hearing will be held Thursday, Feb. 11 at 6 p.m. inside the San Benito Municipal Building, located on 401 N. Sam Houston Blvd. The meeting was previously set for Feb. 15; the date, however, was in conflict with President's Day. At the meeting, Hernandez is expected to argue his case that he is still mayor; this despite the commission voting on Jan. 19 to recognize his automatic forfeiture due to owing approximately $1,000 in back taxes on three pieces of property to the city. Although Hernandez paid his taxes that day, the charter states that a forfeiture of office occurs if “at any time during their term” a city commission member lacks any qualification for the office prescribed by the charter or by law, which includes being free of debt to the city. This was the case recently for Rene Farias, who forfeited his Place 1 City Commissioner post due to back taxes his wife previously owed on a business he once operated. It was also revealed that Farias received nearly $10,000 in homestead exemptions as a 65-year-old disabled vet - of which Farias is neither 65 nor a disabled veteran. Officials with the Cameron County Appraisal District, where Farias has been employed since November, said the exemptions were an oversight on their part. Farias opted not to request a hearing to contest his forfeiture, arguing that he'd rather “abide by the charter.” Hernandez, meanwhile, continues to fight his forfeiture, stressing that the charter's language - specifically the eligibility and forfeiture sections from which City Attorney Jan Cassidy based her decision on him automatically forfeiting his office - is open to interpretation and not so black and white.  Residents, forfeited officials weigh in on charter amendment By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net While it has been argued that owing back taxes to the City of San Benito should not have led Joe H. Hernandez and Rene Farias to forfeit their offices as mayor and city commissioner, respectively; there are also those who feel the city charter's language should not change to accommodate them. Hernandez and Farias included. It was the city charter that led City Attorney Jan Cassidy to base her opinion on Hernandez automatically forfeiting his office as mayor. City Commissioners Jack Garcia, Celeste Z. Sanchez, Bill Elliott, and Farias voted to recognize such forfeiture as part of a supplemental agenda during the Jan. 19 regular city commission meeting. Farias then forfeited his office as commissioner on Jan. 29. City officials have recently contemplated a special election to determine whether the charter should be amended. As it reads now, the charter states that a city commission member forfeits their office if at any time during their term they lack any qualification for the office prescribed by the charter or by law, which includes being free of debt to the city. What commissioners have contemplated is a charter amendment that may no longer require an elected official to forfeit his/her office if they're delinquent on city taxes, this after experiencing backlash from residents who disapproved of Hernandez's and Farias' forfeitures. But some have already commented otherwise. San Benito resident Aurora Ysasi, who has long been vocal in city affairs, is one such person. “I don't think that's right (to change the charter), because then not one of them are going to bother paying their taxes,” Ysasi said. “You did the crime, you pay the price. Mr. Hernandez might be a nice guy, but he still needs to forfeit his seat. He paid his taxes because they caught him, and so did Farias.” She added, “We need people who will uphold the position they have and abide by the rules that are in effect and that maintain a clean profile, whether it be paying your taxes or whatever. And Mr. Hernandez should leave quietly, because this is turning into a circus. Mr. Farias also needs to suffer the consequences of not paying his taxes and also having veteran exemptions.” It was Hernandez who first exposed Farias' back taxes at the Jan. 19 meeting, this before Farias voted to recognize the mayor's forfeiture. Farias has since asked the city to conduct an internal investigation into the back taxes, which were reportedly under his wife's name for a business she once owned and he operated. Farias was also criticized for receiving nearly $10,000 in exemptions as a 65-year-old disabled veteran. This, however, was an oversight that officials with the Cameron County Appraisal District said was on their part. Still, Farias took full blame and eventually stepped down as commissioner. Meanwhile, Hernandez continues to fight his automatic forfeiture, claiming that the commission conspired with Cassidy to remove him from office. A public hearing has been scheduled for Feb. 11, in which Hernandez will contest the commission's interpretation of the charter. When asked if he would support a charter amendment, Hernandez called for better interpretation of its language yet was hesitant in supporting any removal or modification of certain sections, such as the forfeiture section. “It is set in a way to interpret it however they want to, and that's wrong,” Hernandez said. “It very clearly states that you need to be free of any kind of debt with the city before you file. The second section of that needs to be more defined.” Farias supported the charter as is, stating, “Just because we're elected officials doesn't mean we should be treated differently than all other citizens.”  Commissioner Farias forfeits post By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Place 1 San Benito City Commissioner Rene Farias announced Friday, Jan. 29 in an exclusive interview with the San Benito News that he plans to forfeit his office as a result of previously owing delinquent taxes on a business formerly owned by his wife. “I believe in the rules. The rules are set for a purpose, so I'm going to abide by the city charter and forfeit my position,” Farias said, adding, “I apologize to my family, to the City of San Benito, and to the constituents of this community.” Farias was referring to the forfeiture section of the San Benito city charter, which states that a city commission member forfeits their office if at any time during their term they lack any qualification for the office prescribed by the charter or by law, which includes being free of debt to the city. It was on the evening of Jan. 29 that Farias announced he was stepping down, just four days prior to the next regular city commission meeting on Feb. 2. On that agenda is an executive session item regarding City Attorney Jan Cassidy's findings of an internal investigation into Farias' back taxes and whether it would lead to a forfeiture of his office. Although Cassidy did not release the findings on Friday, Farias said he based his decision on the charter's language. Joe H. Hernandez, whose office as mayor was automatically forfeited as a result of owing back taxes during his tenure in office, was initially responsible for exposing Farias' delinquent taxes. Hernandez's tax delinquency first came to light in the Jan. 17 edition of the News. Two days later, the city commission, which included Farias at the time, unanimously voted to recognize what was deemed by the city attorney as Hernandez's automatic forfeiture. Such action specifically took place during a supplemental agenda item of the Jan. 19 regular city commission meeting. Hernandez has since alleged that the city commission conspired with Cassidy to remove him from office. Hernandez also continues to contend that he is mayor and, to make his case, has requested a public hearing to be held on Feb. 15 inside the San Benito Municipal Building. In the meantime, city officials said the hearing may need to take place before a special election can be held to fill the two vacancies - that is if Hernandez's office remains forfeit. Although Farias did not confirm if he'd run in an attempt to regain his Plc. 1 seat, he did not rule out the possibility of “serving the community again in the near future.” “I'm sure the community and the citizens have seen the progress we've made, not only with the current elected officials, but current administration. San Benito's growing, and I'm glad to have been a part of that,” Farias said. “But right now the responsibility falls on me. I have no one else to blame but myself.” City officials said on Friday that the commission could still function with only three members since it constitutes a quorum. On Farias' forfeiture, Place 3 City Commissioner Bill Elliott said, “I recognize it took a great deal of appreciation for the city and the city charter and the rule of law for Commissioner Farias to make the decision. No one involved in any of this change in city leadership could have anticipated this, but all of us who are elected officials are bound by oath to follow the city charter, which is our city's constitution established by the citizens of San Benito.” Elliott continued, “I personally will do everything I can to warrant the faith of the citizens of San Benito that they've placed in me when elected to the city commission, even in difficult times such as this.” Place 4 City Commissioner Celeste Z. Sanchez said, “I'm sure that Mr. Farias gave this decision a lot of thought, and while it is a difficult decision to make, I admire him for doing what's right. It's not always easy to do what's right in the face of adversity.”  Public reacts to mayor's forfeiture, Farias' back taxes By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Community reaction was split on Tuesday concerning Joe H. Hernandez's forfeiture of office as mayor and Place 1 City Commissioner Rene Farias' possible forfeiture. Such has been the case since the San Benito City Commission voted on Jan. 19 to uphold the city charter, which states a city commission member must forfeit their office if at any time during their tenure they are in debt to the city. Hernandez was previously delinquent on approximately $1,000 worth of taxes owed to the City of San Benito, this for three pieces of property located in town. City Attorney Jan Cassidy said the now former mayor's office was automatically forfeited as a result, thus driving a political wedge in the community between Hernandez supporters and those who argue the city charter must be upheld. Back taxes previously owed to the city on a business once owned by Farias' wife also came to light the evening in which Hernandez's office was declared forfeit. Farias himself requested that the city conduct an investigation to see if he, too, must forfeit his office - the question being whether the city charter's forfeiture section applies to Farias if the taxes were owed by his wife. Cassidy said a spouse can be held liable for taxes owed on community property by the other spouse, at least according to tax law. But she also noted that the IRS code provides for an innocent spouse defense to taxes in which one spouse runs a business and the other spouse is not necessarily involved or aware of the tax. The News went to the streets in search of public opinion on these matters. This is what was said: “No, I don't think so,” declared San Benito resident Rogelio Garcia when asked if Farias should forfeit his office. However, Garcia stressed that Hernandez's back taxes should have also been overlooked. It was an opinion shared by many, including Don Hansan, a Winter Texan who said, “… if they knew about the taxes and didn't do anything about it till recently, then they should make sure that doesn't happen again (rather than forfeit their offices).” Then there were those who believed the commission was being “very unfair” for recognizing Hernandez's forfeiture. In fact, those were the exact words of 77-year-old Enriqueta Lopez-Ramos of San Benito. “I thought this was going to be the new city leadership that was going to take us into better things, except I think they're taking us backwards,” she said, noting, “It was very unfair what they did to Mr. Hernandez.” But Place 2 City Commissioner and Mayor Pro-Tem Jack Garcia contended that the commission did not take action to force Hernandez out of his position, let alone action that could be deemed unfair or otherwise. “Like I've mentioned in the past, the city commission is not the one that took action to forfeit his (Hernandez's) position. Mr. Hernandez forfeited his position as mayor automatically when he became delinquent on his taxes,” Commissioner Garcia said. Meanwhile, Hernandez continues to lambast the commission, specifically accusing commissioners and the city attorney of conspiring to remove him from office. What now remains is a public hearing to be held on Monday, Feb. 15 at the San Benito Municipal Building. Hernandez requested the hearing to contest the commission's interpretation of the city charter. In the meantime, there's at least one person in town having fun with this political brouhaha. Chuy Aguilera of Chuy's Custom Sports and Embroidery took it upon himself to post a sign outside his business, which is located on 162 E. Stenger St. The sign reads in big red text: “CHUY FOR MAYOR” - then in fine print, “Made You Look … Advertising Works.” Aguilera has expressed no desire to run for mayor and only posted the sign to, as he said, “look on the bright side of what's going on.” “There are so many things wrong in the world, yet we can't even get along here,” Aguilera said when asked about the sign. Still, like everyone else, Aguilera had an opinion on the Hernandez/Farias forfeiture of office situation. “The mayor got himself into some trouble, and it's his own fault, but the problem is we got to start being human beings. He didn't kill anybody or have affairs with anyone in the city. So I think we should be able to talk about our problems,” Aguilera said.  Hernandez will not sue city By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Joe H. Hernandez, now-former mayor of the City of San Benito, said he has no plans on filing a lawsuit against the city to contest his forfeiture of office, which was due to previously being delinquent on approximately $1,000 worth of city taxes “I don't think I'll sue the city, that's not my intent,” Hernandez said on the afternoon of Jan. 22. A recent Valley Morning Star article stated that he would likely file a lawsuit to challenge the city commission's interpretation of the charter, which reads that a city commission member must forfeit their office if at any time they were in debt to the city. But Hernandez argued that a lawsuit is not in his future plans. “That's false,” Hernandez said about the article. “What came out there didn't come from me.” Place 2 City Commissioner and Mayor Pro-Tem Jack Garcia said it is action he, too, would not have taken if he found himself in the same position. “Obviously I'm not in Mr. Hernandez's shoes, but if faced with a similar situation, I'd always think about what's in the best interest for the citizens of San Benito,” Garcia said when he learned of Hernandez's unwillingness to sue the city. But the two did not see eye to eye on Wednesday, when Hernandez showed up to a regular city commission meeting that was recessed from Tuesday evening, the night in which the commission voted to recognize the mayor's forfeiture of office. “Are you surprised to see me,” Hernandez asked of Garcia when the commissioner walked into the Cesar Gonzalez Meeting Hall of the San Benito Municipal Building. “Am I surprised?” quipped Garcia. Hernandez sat where he once did as mayor, as though he was planning on presiding over the meeting. However, Hernandez attended the meeting to declare it void and state his belief that he is still mayor. “The city commission cannot declare a vacancy,” he said. The commission continued with its meeting on Wednesday following Hernandez's departure. Tensions rose again on Friday, when Hernandez informed the News that the locks had been changed to the San Benito Municipal Building. “I don't deserve to be treated like a criminal. Under the law, I'm still the mayor. I didn't forfeit my seat, and I didn't resign even though they declared it forfeit. But changing the locks? That's very uncalled for,” Hernandez said. City officials were unavailable for comment on the matter. “It's all about my dignity more than anything else,” Hernandez continued. Since the News broke the story about Hernandez's back taxes and possible forfeiture as a result, reports of other municipalities encountering similar circumstances have been made, most notably in Weslaco where that city's mayor, Buddy De La Rosa, was found to have accumulated approximately $11,000 of back taxes owed on five pieces of property. However, it was reported that De La Rosa will not have to forfeit his office in Weslaco despite its charter reading nearly verbatim with that of San Benito's, this according to the Weslaco city attorney. “That's an attorney there that's giving great advice to the commission,” Hernandez said of the Weslaco mayor situation. “The same thing could have happened here, but there's a personal agenda against me.” City commissioners in San Benito have vehemently denied such allegations, stating that they were merely following the language in the city charter. In fact, Place 1 City Commissioner Rene Farias said he would “gladly” forfeit his office for back taxes his wife owed to the city on a business they previously owned. “The city charter says if at any time we're in debt to the city that we have to step down. Rules are rules,” Farias said. Many, though, have criticized Farias for receiving exemptions as a 65-year-old disabled veteran. It was an oversight that officials with the Cameron County Appraisal District said was on their part. In any case, tax law reportedly states that a spouse can be held liable for taxes owed by the other spouse. Still, Farias said the matter will be investigated by the city, adding that he would have called for such action even if Hernandez did not bring his wife's back taxes to light on Tuesday. “I would have still brought it up. Granted, I didn't find out until it was too late, but it is nobody else's fault but mine. It was an oversight on my part, and if that means forfeiting my office, I'd be glad to do it,” Farias said. In the meantime, Place 3 City Commissioner Bill Elliott said the commission will move on with plans to hold a public hearing requested by Hernandez to challenge his forfeiture. “The next important step in this issue is for us, the city commission, to finalize a time for a hearing that the mayor requested so that we may look at both the language of the charter and any other information that the mayor's legal adviser might be able to offer,” Elliott said.  New H-E-B plans progress By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net As plans to open a new H-E-B in San Benito continue to progress, store officials stress that they're not forgetting about the current location. According to the store director in San Benito, Arturo Tovias, H-E-B will hold a grand opening and ribbon cutting for a new pharmacy at the current location on 1141 S. Business 77. Tovias said the event will take place sometime around the first or second week of February; possibly Feb. 10, he said. Furthermore, Tovias said the director of operations for H-E-B will attend and present more details about the upcoming new store. In the meantime, Tovias stressed that the pharmacy will be a welcomed addition to the San Benito store's operations, providing those in the community with another option while shopping at H-E-B. “It's pretty much going to be a temporary pharmacy until the new store opens. It'll have a drive-thru, and it'll be beautiful inside,” Tovias said, adding, “It's about the size of a double-wide home. We brought it all the way down from Houston.” News came of a new H-E-B opening in San Benito earlier this month. It was information that came after several years of anticipation among residents who've awaited the expansion of the current store. Initial concerns mounted regarding the use of the former Resaca Gardens housing complex, a 15-acre stretch of land located adjacent to the current H-E-B that was purchased by the supermarket giant in order to expand its current San Benito location. Austin-based Capital Resources was first to purchase the land from the San Benito Public Housing Authority (PHA) for $2.1 million; it was then sold back to H-E-B for $1.7 million. Approximately 100 Resaca Gardens tenants were relocated to make way for the scheduled project, but following the development's demolition in May of 2005, no physical progress was seen since. That is until January of this year. As previously reported by the News, Virginia Perez, Public Affairs Specialist for H-E-B's border region, could not confirm if the Resaca Gardens land will be utilized as originally planned. She also could not verify exactly how many jobs a new H-E-B will generate in San Benito nor could she confirm a date in which construction will begin. “What we have at this point from our real estate is that the store will come to San Benito this year. As far as a date, we don't have that. But we can tell you that it will be creating new jobs as far as construction is concerned. The number of employees would depend on when the store is completed and on what the needs would be. At this point, the real estate department is still finalizing those issues,” Perez said in a previous interview with the News.  Mowing sparks fire near school By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A small grass fire that ignited near a San Benito elementary school on Monday sparked concern with students' parents. The San Benito Fire Department responded to the blaze at approximately 2:54 p.m. The location of the fire was on the intersection of Eighth Street and Expressway 83 Frontage, adjacent to Dr. Raul Garza Elementary School on 845 Eighth St. Worried parents called the News for information regarding the fire, but no injuries - including students and staff - were reported; this according to San Benito Consolidated Independent School District (SBCISD) officials. Upon arrival, firefighters were able to extinguish the flames within 15 minutes to half an hour before concentrating on putting out the hot spots. Meanwhile, the fire department worked to determine the cause of the blaze. “It was a county crew that was apparently cutting grass and sparked it (the fire),” said San Benito Fire Marshal Henry Lopez. The fire marshal further noted that dry conditions most likely contributed.  Walgreens is coming According to a City of San Benito press release, San Benito Corners, a redevelopment of Family Dollar and a new Walgreens, has announced plans to open Family Dollar this year while Walgreens eyes a 2012 opening. The scheduled redevelopment, located on the intersection of Sam Houston and Business Highway 77, will reportedly generate the creation of at least 40 new jobs. The announcement was made jointly by the city and The Woodmont Company, a Fort Worth-based commercial real estate firm. “The Woodmont Company purchased the 100 block of East Sam Houston Blvd. for the re-development which was previously occupied by a Blockbuster Video and Family Dollar, where both retailers sustained heavy damage by Hurricane Dolly in 2008 and were subsequently closed,” the release read. “The State Health and Human Services Commission will remain in their facility for the term of their lease and will relocate within the community. “ The Family Dollar store will likely reopen during the spring of 2010, following construction of a remodeled and expanded space. The adjacent retail space of 3,742 square feet is still available for lease and is being aggressively marketed by The Woodmont Company, city officials stated in the release. A new 14,550 square foot Walgreen's store will encompass the second phase of the redevelopment; the release read that completion is expected in 2012. “We have worked with the City of San Benito for two years to establish a beneficial revitalization plan for this shopping center and community. Located at one of the premier intersections in this city, we were very pleased to announce that the Family Dollar store will remain as a tenant and Walgreens felt that this was an ideal location for them,” stated Kyle Gill, Vice President at The Woodmont Company. The San Benito Economic Development Corporation (EDC), which is working in conjunction with the redevelopment, received a Notice of Award in the amount of $496,497 from the US Community Adjustment and Investment Program of the North American Development (NAD) Bank. The money will go toward site work and renovations in Phase 1 of the re-development. “Additionally, the City of San Benito and its Economic Development Corporation recently approved a $200,000 grant to be utilized toward infrastructure for San Benito Corners,” said Alma Puente Colleli, executive director of the EDC. “It is gratifying when a national developer sees the great potential in San Benito that we know is here. It is a validation that our time has come for growth and opportunity. This redevelopment culminates many months of work and preparation by the Economic Development Corporation, City Commission and city staff. With the new decade, a new day has dawned. Our residents deserve the positive changes that are coming in 2010,” stated Place 3 San Benito City Commissioner and EDC Board President Bill Elliott. Mayor Pro Tem Jack Garcia, who also sits on the EDC board, said, “This redevelopment will be a tremendous benefit to the city, considering the jobs and sales tax revenue it will generate for us.”  SBCISD mulls turf at stadium By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito Consolidated Independent School District (SBCISD) is seeking sponsors to help pay for the installation of artificial turf at Bobby Morrow Stadium. SBCISD Superintendent of Schools Antonio G. Limón said Athletic Director and Greyhound Head Football Coach Spencer Gantt has been actively pursuing sponsorships to help fund the costs of installing turf at the stadium. “The biggest obstacle is the finances, and the cost would be $600,000 to $700,000,” Limón said, noting that the school district is currently not in a position to pay for the turf's installation in full. “So we're trying to get sponsors to cover half of the cost. But I want to stress that we're still researching. The coach and I are going to meet this week and bring proposals he's received from different companies interested in becoming sponsors.” “We're not at the point yet of taking bids or anything of that nature,” Limón reiterated. District officials said installing turf at Bobby Morrow Stadium would be beneficial to those who utilize the facility, specifically citing the reduction of maintenance costs as no watering, mowing, or fertilizing would be required. Furthermore, inlaid lines and hash marks would eliminate the need for painting, and the stadium would be of use all year as opposed to limiting the number of events due to field limitations. When considering the aforementioned benefits, Gantt said the turf would not only serve the school well but the community, too. “That field can be used 24/7, 365 days a year, and you're not going to hurt it. We've got a great venue in that stadium but it never gets used, just for football and a few soccer games,” Gantt said. “Turf provides a playing surface that can be used on a daily basis by the band and all sports. For example, now we can have the pee-wee football games at the stadium or the freshmen football games at the stadium.” The annual Pigskin Marching Band Jubilee, which is usually held in McAllen, is one such event in which Gantt, the high school band as well as district officials hope to attract. Gantt added, “Now we're saying, `everyone come use it.' Like Pigskin, the band wanted to have it this year at our stadium, but because we have grass there's no way we can do that. If we have turf then we can host Pigskin here, and that would bring more revenue to the community because band members from out of town have to eat, and the buses they ride in have to gas up. They'll be doing all that in San Benito.” Limón and Gantt plan to meet later this week to discuss proposals that have thus far been obtained.  Office of mayor forfeited By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Anger. Confusion. Accusatory. This is how Joe H. Hernandez left the San Benito Municipal Building Tuesday after the city commission voted to recognize his automatic forfeiture of office due to being delinquent on taxes, this much to Hernandez's disapproval. “Mayor, as much as it pains me, I must bring to light the fact that the city charter states that a city commission member shall forfeit that office if the city commission member lacks at any time during the term of office for which elected any qualification for the office prescribed by the charter or by law,” said Place 3 City Commissioner Bill Elliott during the meeting. Elliott continued, “It's not a matter of removing or anyone else who violates the provisions. It's a matter of following the law as the law is written. So it is my motion that this body recognizes that forfeiture on your behalf for having delinquent taxes.” Place 1 City Commissioner Rene Farias seconded the motion, which was then unanimously approved. And just like that, Hernandez was no longer mayor after serving in that capacity since 2006. Although Hernandez refused to comment to the media following the proceedings, he made a number of accusations regarding other members of the commission. While some of which were indiscernible to many in attendance during an open statement, what could be understood of Hernandez's comments were accusations that members of the commission, specifically Place 2 City Commissioner Jack Garcia, violated the city charter by allegedly giving orders to city employees other than the city manager. If correct, that would indeed violate the city charter. Garcia denied such allegations. Furthermore, Hernandez also accused the commission of conspiring with City Attorney Jan Cassidy to remove him from office, alleging that prior contact Garcia made with Farias and Place 4 City Commissioner Celeste Zepeda Sanchez in relation to Tuesday's meeting constituted a quorum. “That's in violation of the open meetings act,” Hernandez said. This accusation was again met with denial. “If you know for a fact there was a quorum, that we were all three discussing it, then go ahead and present it. But at the same time you have no proof of that,” Farias said. “We never met, mayor. Never did the three of us meet,” Sanchez added, referring to quorums requiring the meeting of the majority of a governing body. Moreover, Hernandez also took issue with a business once owned by Farias that previously owed back taxes. Farias, however, requested for the commission to investigate the matter in an effort to adhere to the city's charter. “And these taxes, for the record, are for a business that's not registered under my name,” Farias said. Sanchez also denied Hernandez's claim that the commission is allegedly involved in a conspiracy to oust him as mayor. “There has never been a conspiracy. I have never attended a meeting where there was a conspiracy,” she said. It was at that point that Hernandez attempted to block the commission from following the supplemental agenda of Tuesday's regular meeting, which includes an executive session item to confer with the city attorney concerning the consideration and action to declare the mayor's seat vacant. “I declare this document null and void,” Hernandez said before banging his gavel, adding, “No discussion, let's move on.” But Cassidy explained that the commission needs to vote on the supplemental agenda being null and void before the mayor can declare it as such. Commissioners, with the exception of the mayor, then voted to enter into executive session, where they would remain in discussion for over an hour. Upon adjourning from executive session, Cassidy further stated that the supplemental agenda was not illegally posted, this because it followed state and city charter regulations which details that it must be posted 72 hours in advance of a meeting. Following the mayor's seat being declared vacant, Hernandez requested a public hearing to fight his automatic forfeiture of office. Garcia, who until such time will act as the presiding officer due to his capacity on the commission as mayor pro-tem, noted that the hearing first needs to be advertised in a local newspaper for period of a week. Once the smoke cleared and Hernandez's public lambasting of the commission ceased, Garcia along with Elliott and Farias said the mayor's forfeiture was not sought out by the commission but upheld in relation to the city charter. Earlier, Garcia called Hernandez's accusation that he was involved in an alleged attempt to remove him from office “slanderous,” to which Hernandez quipped, “Oh my God. Slandered? What about my taxes? What about my dignity?” As of 10 a.m. Tuesday, Hernandez's several hundred dollars of back taxes owed to the city since 2008 were paid. In the meantime, any action that may be taken to fill the mayor's vacancy will be pending the outcome of Hernandez's public hearing.  Police believe Edelsteins burglary was inside job By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito police said it was an inside job. Detective Manuel Cisneros of the San Benito Police Department (SBPD) reported that an arrest has been made in the burglary of FAMSA Edelsteins, located on S. Sam Houston Boulevard in San Benito. The incident in question occurred Dec. 21, 2009 at approximately 9:30 p.m. About $14,000 in cash and checks were reportedly stolen in the heist. According to Cisneros, 40-year-old Felipe De Jesus Arvizu of San Benito was arrested in connection with the crime on the evening of Jan. 13, 2010. Cisneros said Arvizu, who at the time was employed at FAMSA Edelsteins, allegedly manipulated certain doors at the furniture store to allow himself entry. “We interviewed all personnel there and got statements, but we were still coming out short. So we went ahead and decided to run a polygraph (lie detector) test on everybody, particularly about four of their employees,” Cisneros said, noting that Arvizu allegedly confessed to the burglary before he took the polygraph. “We determined that he had rigged up the doors where he was able to come in easily and leave through the back door.” According to police, Arvizu was a warehouse employee who worked for FAMSA Edelsteins for several years. The detective said the investigation will continue as the cash and checks have not been recovered. In the meantime, Arvizu was arraigned and charged with burglary of a building, a state jail felony. His bond was set at $25,000 and he was transported to the Carrizales-Rucker Detention Center in Olmito, where he remained incarcerated as of presstime.  PHA parts ways with Flores By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Former City of San Benito IT (information technology) director Javier Flores is no longer conducting contract work for the San Benito Public Housing Authority (PHA), this following an IT assessment of the city in which various concerns that included privacy violations and other questionable practices were uncovered. “We will no longer be using the services of Mr. Flores,” said San Benito PHA Executive Director Arnold Padilla, who in recent weeks said he would be evaluating Flores' contract following the IT assessment's findings during Flores' tenure with the city. Padilla, however, revealed little else about Flores' departure. Previously, the executive director stressed that Flores was confined to mere computer maintenance work at the housing authority. In December, Padilla confirmed that Flores had been employed with the housing authority on a contractual basis, in which he was paid quarterly and often in the vicinity of $380. In May of 2009, Valley IT Solutions assessed the city's IT department, its operations and its personnel. Flores was terminated May 13, shortly after the assessment began; no cause was given for his departure. Attempts to contact Flores for comment were unsuccessful as of presstime. Among the many issues detailed in the IT report's executive summary was evidence of files deleted after the termination of former fire chief J. Orlando Garcia and files deleted after equipment had been returned to the city was reported, including software for spying on users' desktops “to see what they were doing without them knowing” and software for “permanently deleting files making them unrecoverable.” Furthermore, an external hard drive belonging to the former IT director, Flores, is still missing and could contain important information. In addition, it was discovered that the city's wireless network lacked password verification and encryption. “This was done purposely as the IT specialist had requested to secure the wireless network with a password but was prohibited by the IT director,” the report read. Questionable practices regarding the email system used by the city were cited as well. The report stated that duplicates were created in which an administrative account received copies of all sent and received emails.  Citizens on new H-E-B: `It's about time' By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net It's about time. That sentiment was shared by many citizens of San Benito once word got out that a new H-E-B was coming to town. For years, residents have waited for the expansion of the H-E-B located on 1141 S. Business 77, citing concerns dealing with inadequate shopping space, lack of parking, and traffic congestion. The former Resaca Gardens housing complex, a 15-acre stretch of land located adjacent to the current H-E-B, was purchased by the supermarket giant in order to expand its current San Benito location. Specifically, Austin-based Capital Resources was first to purchase the land from the San Benito Public Housing Authority (PHA) for $2.1 million; it was then sold to H-E-B for $1.7 million. In the meantime, approximately 100 tenants of 50 duplexes located at Resaca Gardens were relocated to make way for the scheduled project. But after the area was demolished in May of 2005, no physical progress was seen since. As previously reported by the News, many residents expressed frustration with the delay, especially after dozens of families were relocated as a result. But although Virginia Perez, Public Affairs Specialist for the Border Region of H-E-B, could not confirm if the Resaca Gardens land was going to be utilized as originally planned, citizens expressed excitement regardless. “I've just lived here for six months, and I know it (H-E-B in San Benito) needs to be bigger. I'm used to bigger H-E-B's, like the ones in Brownsville,” said 24-year-old Christy Infante of San Benito. “It's about time.” Aurora Ysasi, also of San Benito, was pleased but still harbored concerns even if the Resaca Gardens land is utilized. “I think they need a bigger area than what they have, because it's not real big, and it's still going to be the same problems with people getting all stuck together in one space, because there's no space to move. So yes, I think they've needed a bigger place,” she said, adding, “The intersection between Wal-Mart and H-E-B is simply terrible. I hope they extend those streets between the two stores if that is where they plan to build a new H-E-B.” On Friday, Jan. 8, Perez said she could not verify exactly how many jobs a new H-E-B will generate in San Benito nor could she confirm a date in which construction will begin. “What we have at this point from our real estate is that the store will come to San Benito this year. As far as a date, we don't have that. But we can tell you that it will be creating new jobs as far as construction is concerned. The number of employees would depend on when the store is completed and on what the needs would be,” Perez said. “At this point, the real estate department is still finalizing those issues.” Meanwhile, Arturo Tovias, store director for the San Benito H-E-B, said he's happy for the community and the store's customers. “I'm looking forward in sharing more details as we start the year, but overall I'm just excited for the community in finally getting their store,” he said. Moreover, store officials confirmed that a new mobile pharmacy may be implemented at the San Benito location as well. According to an H-E-B press release from its corporate office, the new San Benito store will be one of 13 new locations across the state in 2010, “leading to the creation of approximately 5,000 new job opportunities for Texans.” In addition, H-E-B stores across Texas will begin lowering prices, reportedly in efforts to “demonstrate pride in its pricing, products and partners (employees).”  Dropout rate drops in San Benito By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net With the dropout rate now decreasing and Science scores continuing to improve, San Benito Consolidated Independent School District (SBCISD) officials expressed optimism in ongoing efforts to be a recognized district. According to the Academic Excellence Indicator System (AEIS) report, 2009 TAKS scores in Science grades 3-11 improved to 73 percent, up from 68 percent in '08 and 50 percent in '07. However, the score was still not high enough to meet the district's goal of being state recognized by the Texas Education Agency (TEA). The district was instead academically acceptable. In Reading/ELA, SBCISD scored 93 percent to Region 1's 94 percent and the state's 96 percent; district Math scores were 84 percent to Region 1's 86 percent and the state's 89 percent. Writing was at 98 percent compared to 96 percent in Region 1 and 97 percent in the state, and Social Studies scores in the district were at 96 percent to Region 1's 97 percent and the state's 98 percent. The report shows that 10th graders have more difficulty passing the Math and Science TAKS. SBCISD Planner/Evaluator Ruben Franco attributed this to a lack of effort by sophomores who are not required to pass the TAKS in 10th grade. Furthermore, the AEIS report indicated that three SBCISD campuses were exemplary in 2009 compared to none the year prior. There were also nine recognized and four acceptable schools in 2009 while there were 11 recognized and five acceptable in '08. Although the dropout rate increased during the 2006-2007 school year from 4.6 to 5.2 percent, it decreased significantly to 3.7 percent in 2007-2008. Though the state average is 2.2 percent and Region 1's is at 2.3, Limón saw the district's rate as evidence of its dropout prevention efforts proving beneficial. “These are steps that we're taking to keep our students in school, one of which will show in an even bigger increase next year thanks to the gateway academy, in which we attempt to recover our dropouts,” Limón said. On Science scores, the superintendent stressed continued improvement toward the district's goal of reaching 80 percent passing, which would be key to a recognized rating if the district continues to produce high scores in other subjects. Franco said he was especially proud of the district's performance in students who've graduated from the recommended/distinguished high school program. The AEIS report details 97.1 percent of high school students who've graduated in the program, 5.9 percent higher than Region 1 and 15.7 percent above the state. Attendance was also up during the 2007-2008 school year with 95.2 percent to 2006-2007's 94.9 percent. Financially, SBCISD's total value during the 2008-2009 school year increased to $757,877,734, which continues a trend of increases dating years back. For instance, the district's total value in 2005-2006 was $619,266,647 million, then $687,219,030 million the next year and $721,958,873 million the year following. Moreover, a district-wide audit showed that SBCID increased its fund balance from $8 million to $13.1 million. “It shows that the district is healthy and continues to move forward,” Limón said. Still, the school district's instructional per pupil expenditures (operating expenditures) in 2007-2008 was at $4,562, $257 below the state average. Also, salaries for teachers, professional support staff and campus administration were just below the state-wide average. Salaries for SBCISD central administration were averaged at $97,007 compared to the state's $85,305. Franco attributed this to only five employees, including the superintendent and athletic director, whose salaries were the basis for that figure, noting further that in the future other employees considered part of central administration will be included in the tally. “It's a bit misleading without incorporating other employees who would be considered part of central administration,” Franco said.  Dolly Vinsant to open in July By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net After a set of circumstances that delayed its official opening, San Benito Hospital Partners, LLC, owners of Dolly Vinsant Medical Center in San Benito, announced on Friday plans to open the once-defunct facility this summer. According to Jaime Nieves, San Benito Hospital Partners CEO, Dolly Vinsant will open July 15, 2010. “We are excited that obstacles have been removed and that we are clear to pursue our previous plans to open this much-needed hospital,” Nieves stated in a press release. Nieves said the hospital was originally scheduled to open sometime during the fall of 2009; however, he said details of the Health Care Reform bill from Washington, D.C. temporarily interrupted those plans. “Recent developments of which have extended the time to open a physician-owned hospital from Jan. 1, 2010 to Aug. 1, 2010 … makes opening a new hospital possible,” Nieves stated, noting that plans to open are currently in the last phase of development. San Benito Economic Development Corporation (EDC) Director Alma Puente Colleli said the hospital plans to provide employment opportunities starting in mid-April. “San Benito Hospital Partners will make employment announcements in the near future,” Colleli added. “Economic development is based on job creation and investment in our city. Given our current economic environment, the re-opening of Dolly Vinsant coupled with the H-E-B expansion and construction of the new luxury apartment complex is a great way to start the New Year in San Benito,” she said. Although Nieves could not confirm the number of jobs to be generated with Dolly Vinsant's reopening, he did confirm that employment opportunities will exceed prior efforts. “Previously, the hospital was at a very low patient count, and as such a very low number of employees were employed. This is going to be run at a larger capacity on a grander scale, so we believe that a good number of people will be employed, but we really couldn't specify the numbers,” Nieves said. Dolly Vinsant Memorial Hospital closed in October of 2007, leaving approximately 110 people unemployed. A short time later, the Internal Revenue Service (IRS) seized the establishment from its previous owners, who, at the time, could not garner enough revenue to consistently meet overhead expenses. The result was the closure of Dolly Vinsant after 58 years of service to the community. In April of 2009, new owners San Benito Hospital Partners, LLC announced that the healthcare facility formerly known as Dolly Vinsant Memorial Hospital was to be reopened under the name Dolly Vinsant Medical Center. Nieves said then that hospital officials chose to keep the name “Dolly Vinsant” to continue to pay homage to the facility's namesake - a famous World War II flight nurse. He added that a memorial area for Vinsant will continue to be on display in the lobby. “The City of San Benito is very pleased to work with the new ownership group to facilitate the opening of the hospital. Access to quality health care is a great benefit to the community and will improve the quality of life for our citizens,” Mayor Joe H. Hernandez said.  Ground broken in villages development By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net It's groundbreaking in more ways than one. On Tuesday, Jan. 5, Dallas-based commercial real estate firm Right Quest, LLC, the developer of a multi-million dollar luxury apartment community in San Benito, announced that ground was recently broken in the first phase of construction. The Villages at Paso Real, to be constructed in San Benito, has also been referred to by Right Quest officials as “the first such development to occur in the Harlingen/San Benito area in almost four years.” A Right Quest press release further read, “The development will be the first market-rate apartment community built in the area since the 2006 International Building Code was adopted by the local municipalities; making the Villages of Paso Real the only market-rate apartment community in the lower Rio Grande Valley to have a fully-functioning fire sprinkler system installed in each unit.” As first reported by the News in 2009, the garden-style complex will be located on 18 acres fronting Paso Real Highway (Farm-to-Market Road 509) near the U.S. 77/83 Expressway. Cited for its close proximity to Valley Baptist Medical Center and Valley International Airport, the first phase of the villages' development includes 110 units of luxury apartments. The release further read that the second phase will include up to 150 additional units, depending on the lease-up velocity experienced in the first phase. Right Quest and the Villages of Paso Real, LLC began working on the project in late 2008. San Antonio architectural firm B&A Architects has been contracted to complete the project, including the Harlingen-based civil engineering firm of Brown, Leal & Associates to coordinate the design. Moreover, the general contractor for the development has been identified as Addison-based KWA Construction, L.P, which is reportedly fully-mobilized on the site. “Class-A amenities” geared toward families and working professionals will reportedly include a complimentary business center, state-of-the-art fitness center, clubhouse with media center, resort-style swimming pool, 24-hour emergency maintenance, covered parking, and living spaces with most featuring ceilings nine feet high as well as large walk-in closets, gourmet kitchens, and washer/dry connections. According to Right Quest, rent will range from $600-$950 for one, two and three bedroom units with the first batch becoming available for occupancy in the summer of 2010. Commercial space fronting Paso Real will also be available. Funding for the project comes from many sources. Right Quest officials cited, “IBC Bank is providing the financing for the project. The San Antonio office of Capstone Real Estate Services is providing the lease-up and property management. Butler Burgher Group provided the market feasibility and demand analysis.” Moreover, the San Benito Economic Development Corporation (EDC) and San Benito City Commission approved a $200,000 infrastructure improvement grant for the development of the commercial lots on the property. Local officials called it an investment in a project that will reportedly create over $2 million in present value to the local taxing jurisdictions from incremental tax revenue. “The development also helps achieve one of the city's primary objectives; to increase the customer base utilizing its state-of-the-art water treatment plant,” Right Quest officials stated in the release, noting further, “The announcement comes after a flurry of positive economic news in the immediate vicinity of the site, including the completion of the Rio Grande Valley Cancer Treatment Center at Valley Baptist Hospital, approval of the 120,000 SF VA Healthcare Center, the city's announcement of plans for a new multi-million dollar museum, completion of a medical claims processing center by United Healthcare, and the announcement of an 18,000 SF Pocket Communications office located at 6906 W. Expressway 83 in Harlingen.” “These announcements translate into well over a thousand new jobs for the Harlingen/San Benito metropolitan statistical area and present continued demand for quality multifamily housing in the area.”  Housing Authority purchases Lasby Park By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito Public Housing Authority (PHA) has purchased the old Lasby Park development as part of a $4.3 million project to rehabilitate the area, this in efforts to replace the Kenneth Lake development that was closed in 2008 after sustaining irreparable damage during Hurricane Dolly. PHA Executive Director Arnold Padilla said the Lasby Park development, located on 100 Cornejo Dr., will eventually be renamed, most likely in February after construction gets underway. The executive director noted that much of the rehabilitation will be conducted in-house, a rarity among Housing and Urban Development (HUD) entities. Furthermore, doing so may cut costs anywhere from 15-20 percent less than the budgeted $4.3 million. “HUD has never allowed another housing authority to do this other than San Antonio. In our case, we've shown strong management in the success of the demolition of Kenneth Lake, so HUD is very happy with our project there,” he said. “It (new development) will be managed as far as rehabilitation by the housing authority work staff that was hired for the demolition of the Kenneth Lake development. The opportunity was afforded to us to continue the employment of 10 staff members that have been trained to do this work, which is basically the interior.” Upon completion, the soon-to-be former Lasby Park development will house 65 units of one (635 sq. ft.), two (893 sq. ft.), three (1,264 sq. ft.) and four (1,264 sq. ft.) bedroom apartments, including new driveways and parking areas as well as improved drainage, Padilla said. In addition, PHA officials reported that the interior will be completely gutted and new wiring installed, including energy-efficient windows and new central air units. Padilla added, “The project will take us nine to 10 and a half months to complete. We look forward to this to alleviate the community, not to mention the fact that it (development) is located next to the Boys & Girls Club and Stookey Park.” Although the Lasby Park development as it stands has largely been abandoned for two years, it is reported that at least six families currently reside there; Padilla said they will be relocated. “We're excited to take on this project, because it will help replace 54 units lost due to Hurricane Dolly,” Padilla stressed, referencing the displacing of dozens of Kenneth Lake tenants as a result of the hurricane. At the time, the housing authority managed to place many who were displaced in other developments. Still, a demand remains present. “We do have an existing waiting list of families that want to move in,” Padilla said. “This will also be of tremendous help since we've never had units of this size, and we've always had need for them. So as the units become available, we will start to house families immediately and hope to have it 100 percent occupied by the end of the calendar year in 2010.” Professional services such as electrical and plumbing will be contracted out as the project begins shovel-ready work in January or February.  San Benito researching in-house EMS By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito City Commission may soon review a number of options to address longstanding, highly-publicized EMS (emergency medical service) concerns. The city's contracted ambulance service, Pro-Medic EMS, has in recent years come under fire for reportedly taking 20 to nearly 40 minutes to respond to emergency calls that have consisted of such incidents as a fight in progress, an elderly man choking, and a car fire, according to San Benito Police Department (SBPD) reports. The SBPD regularly documents Pro-Medic's response time. Officials of Pro-Medic EMS have previously stated that ambulances are often busy responding to other calls when these delays occur. Still, these matters have prompted city officials to examine San Benito's ambulance service in hopes of bettering the community's quality of life and reassuring what members of the commission and the city manager have referred to as “proper response time” to emergency calls. “The purpose of reviewing this is we want to provide our citizens with good professional services, and that it is our responsibility,” City Manager Manuel Lara said. “We want a good response with good, professional service. That is ultimately our goal.” The first step toward that goal, according to Lara, is to provide the commission with facts. “I completed a proposal done by professional companies in case they want to take it (EMS) in-house, and I asked Lupita (Passement, city secretary) to present it to the commission to review,” Lara said, stressing that although establishing an in-house ambulance service exclusive to the City of San Benito would initially be expensive, he noted its benefits would be worth the cost. Specifically, Lara said going in-house, a venture that would reportedly require at least $1.2 million in startup costs would mean no return investment for at least 90 days, “and 911 is not even a break-even service,” he added. “You need transfer services just to try to balance your overhead.” Lara continued, “So can it be done? Yes. Would it be costly up front? Yes. But we're looking at options because commissioners have some concerns, and we want to bring it to them.” He also said the city can always redraft the initial contract with Pro-Medic, which is nearly up, or contract with another company. Place 4 City Commissioner Celeste Z. Sanchez said although she may be open to establishing an in-house EMS, she has some questions about the cost. “I need to know how expensive is expensive, because I feel that if we did it ourselves, have an in-house service, we would provide quality service,” Sanchez said. “What I want is the level of STEC (South Texas Emergency Care in Harlingen), that certainly is the quality that we want for San Benito.”  City, school district officials set goals for 2010 By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The City of San Benito and San Benito Consolidated Independent School District (SBCISD) have opened the new year in much the same manner that 2009 ended: in a forward-moving fashion. According to city and school district officials, projects and objectives initiated in years past will continue to see progress made with some perhaps being completed in 2010; moreover, a number of new initiatives will also unfold in the coming months. Manuel Lara, city manager for the City of San Benito, said that street repairs, as it has been the case in the past, remains the priority. But there's also a significant movement within the city to establish more entertainment-minded projects, starting simply with park improvements and the repairing of the Newman Building at the municipal airport property, where commissioners hope to someday soon house a multi-use civic center. “The primary goal is to improve the quality of life for the citizens of San Benito. As far as major projects, we're going to improve streets as we've gotten several of those projects going,” Lara said. “We're also going to improve entertainment at our family parks. We're interviewing for a new parks director, and we're going to spur up the Resaca so families can enjoy that site as well as visitors and tourists. Not to mention we're looking at the fairgrounds and doing a master plan for the project there.” He added, “This, again, will give us additional family-quality facilities for entertainment and gatherings of all variations. It could be quinceañeras, dances or weddings. We just want to have a variety of options for the citizens of San Benito.” Concerning infrastructure, the city manager said the city may partner with other entities in alleviating San Benito's damaged drainage system, which has experienced a number of problems since Hurricane Dolly swept through the area in 2008. “We're having some major drainage issues, and we'll be looking at addressing those issues. We will also be looking at partnering with other agencies, including the county and drainage district, to build good communication with our taxing entities and those who have a major impact in San Benito,” Lara said, furthering noting, “Along with that, we want to be actively involved in economic development, working with the county and neighboring communities to attract business to the Valley. We see 2010 being an exciting year for the City of San Benito.” SBCISD Superintendent of Schools Antonio G. Limón said the fight rages on in the district's goal to be considered recognized or exemplary by the state. In the past, principal reassignments, the incorporation of curriculum-based initiatives, and the improvement of facilities (such as new science labs and the use of MacBooks in elementary campuses) are just some of the efforts district officials have implemented toward that goal. According to Limón, TAKS scores in Math and Science, particularly the latter, continue to hold the district back from a recognized or exemplary rating. Still, Limón said progress continues to be made and has confidence that the 2009-2010 school year may be the year. After all, the superintendent said the district has been a few points shy of its goal in the past. “Our goals for the new year are what we said early in September when we started school: We continue to intend to be a recognized district if not an exemplary district, and to have our TAKS scores in the 90s,” Limón said, adding that, for the first time in years, no SBCISD campus is listed on the Texas Education Agency's (TEA) lowest performing schools list. “We have some good news as we continue forward with the new year, providing the best education for our students as possible,” Limón said.  Housing authority evaluating former IT director By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Officials with the San Benito Public Housing Authority (PHA) continue evaluating contractual work conducted by former City of San Benito IT (information technology) director Javier Flores, who has recently come under fire in a report that details alleged privacy violations and various other practices deemed “questionable.” “I've been reading the report and have not come to a conclusion yet, but a decision on whether or not the housing authority will continue the services of Mr. Flores will be made by mid-week next week,” said San Benito PHA Executive Director Arnold Padilla, further stressing that Flores' role at the housing authority has been confined to mere computer maintenance. Earlier this month, Padilla confirmed that Flores had been employed with the housing authority on a contractual basis. Padilla said Flores is paid quarterly and often in the vicinity of $380. The report in question is an assessment conducted by Valley IT Solutions into the city's IT department, its operations and its personnel. Although cause for his departure was not cited then, Flores was terminated May 13 - just seven days following the start of the probe - after several years of employment. Attempts to contact Flores for comment were unsuccessful as of presstime. As first reported by the News, the executive summary specifically states that there was evidence of files deleted after the termination of former fire chief J. Orlando Garcia, and files deleted after equipment had been returned to the city. The report further stated that there was software for spying on users' desktops “to see what they were doing without them knowing” and software for “permanently deleting files making them unrecoverable.” And an external hard drive belonging to the former IT director is still missing and could contain important information. Valley IT Solutions also found “serious security risks,” including concerns that the city's wireless network lacked password verification and encryption. “This was done purposely as the IT specialist had requested to secure the wireless network with a password but was prohibited by the IT director,” the report read. “… This effectively allowed anyone with a laptop, cell phone, or any device capable of accessing WiFi signals to access the City of San Benito network within 150-300 feet of the antenna, including outside the building (city hall).” Moreover, the report detailed questionable practices regarding the email system used by the city, stating that it was creating duplicates in which an administrative account received copies of all sent and received emails. The report's conclusions stated these occurrences were “blatant and purposeful security flaws on the network. It is indisputable that the IT director was not performing his duties in maintaining and securing the information of the City of San Benito. It is also apparent that the IT director was incapable of managing projects, personnel, and operation of the IT department to ensure its success in serving the city.”  Fish stolen from Blue Marlin By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A popular eatery was the target of a burglary early Christmas morning, in which cash, fish, and beer were among the items taken. Furthermore, San Benito police said much of the establishment's interior was destroyed. According to Detective Arturo Flores of the San Benito Police Department (SBPD), Blue Marlin Restaurant located on 615 E. Business Highway 77 in San Benito was burglarized sometime between midnight and 3 p.m. on Dec. 25. “We processed the scene, brought in some stuff that we might have some good fingerprints on that are going to be sent to a lab,” Flores said, adding that the suspect left behind a 10-12 inch shoe print. “It looks like some type of tennis shoe,” Flores said. Furthermore, Flores reported that police currently have no leads, only the fingerprints and shoe print obtained from the scene of the crime. “What we do know is that it had to be someone thin, because the window they came in through was pretty small,” Flores said, noting that a large amount of money was taken (an amount was not specified) in coins and currency as well as fish and beer. “They also trashed the place, but we dusted whatever we could dust. On the cash register they trashed we got good fingerprints on that, hopefully one or two will hit,” Flores said. As of presstime, it was not made clear if police suspect more than one perpetrator. Flores said more will be revealed when the fingerprint analyses is complete. Those with information that may lead to an arrest are encouraged to call San Benito police, anonymously if desired, at (956) 361-3880.  Police: Teen caught with 26 pounds of marijuana By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito teen may spend Christmas in jail after he was arrested Wednesday for allegedly having over 20 pounds of marijuana in his possession. According to Detective Martin Guzman of the San Benito Police Department (SBPD), 18-year-old Vicente Alvarez, Jr. of San Benito was apprehended the afternoon of Dec. 23. The detective said the arrest was made following a routine traffic stop. Alvarez was reportedly driving a red Ford Ranger when he was pulled over on the 1700 block of Combes in San Benito, it was there that Guzman said approximately 26 pounds of marijuana was allegedly found inside his vehicle. “When we asked him our usual questions, he claimed he doesn't know it was there, a big bundle. But that's normally what they say,” Guzman said. Investigators have yet to determine if Alvarez was allegedly in possession of the marijuana with intent to sell; however, Guzman said it may be the case given the amount seized and what police have seen in the past. “It was definitely for business purposes. That wasn't for his own personal use for sure, but we can't prove that. He's refusing to talk,” Guzman said. As of presstime Thursday, Alvarez remained incarcerated in city jail awaiting arraignment. He was expected to be charged with one count of possession of marijuana, a third degree felony.  Valley Baptist bring gifts, smiles to San Benito nursing home Special to the NEWS Valley Baptist employees brought holiday gifts and smiles to about 1,000 nursing home residents in San Benito, Harlingen, Brownsville, and Raymondville this Christmas Eve (Thursday, Dec. 24) as part of a “Seniors' Santa” program. This is the second year that Valley Baptist employees will visit the nursing home residents - some of whom have no family in the area and who otherwise wouldn't receive a single gift. Last year the employees - with help from their family members including several children - brought gifts to 751 residents, who were beaming with delight and surprise as the Valley Baptist employees made sure they were not forgotten at Christmas time. During the program's first year, the level of employee involvement in Seniors' Santa kept “spiraling” and exceeded all expectations, with hundreds of employees at Valley Baptist-Brownsville and Valley Baptist-Harlingen generously contributing gifts and raising a total of more than $5,000. Forty-five employee volunteers helped with gift wrapping for the first “Seniors' Santa” program, and 84 employees and family members - including children of several employees - helped with distributing presents. This year, each nursing home resident will receive a wrapped gift which will be delivered along with a Christmas ornament and a card signed by a Valley Baptist employee (or another person) who donated $5 to purchase the resident's gift. Among the nursing homes visited included Atrium Place Nursing & Rehab in San Benito. “Last year, one of the ladies at the nursing home was so excited to see her name hand-written on the card,” said Rebecca “Becky” Stirzaker, Human Resources Manager for Valley Baptist. “It's great to be able to do things like this and share it with our co-workers and family,” added Cheryl Cross, Director of the Valley Baptist Laboratory. “It was neat to see all the smiles!” One of the nursing home residents was so touched by her gift last year that she wrote a thank you note to Valley Baptist employees. “Thank you for the very nice Lap Afghan,” the nursing home resident said. “It feels real comfy on chilly nights. Your generosity will be remembered for years to come.” The “Seniors' Santa” project is carried out by the Valley Baptist Ambassadors of Service, a group of employees who assist with special events at the Harlingen and Brownsville hospitals, with assistance from the Valley Baptist Auxiliary volunteers. The idea for “Seniors' Santa” can be traced back several years ago when Irma Pye, Valley Baptist's Senior Vice President for Human Resource Administration, delivered Christmas gifts to her mother-in-law and some of her friends at Golden Palms in Harlingen. “Several days later, my mother-in-law pointed out that one of the ladies in her group would not have received a gift for Christmas if I had not given her one,” Ms. Pye said.  “I was surprised to learn that many residents and nursing home patients receive no gifts because they don't have anyone left in their lives to send them a gift.” A committee of Valley Baptist employees met and formed the “Seniors Santa” program. For more information, visit www.ValleyBaptist.net.  Mayor continues to insist appointments invalid By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Mayor Joe H. Hernandez continues to insist that appointments made to the San Benito Public Housing Authority board were invalid, this despite the rest of the commission, city manager and city attorney arguing the contrary. On Friday, Hernandez said he's been obtaining legal advice from an outside attorney, Miguel Wise of Weslaco, regarding the appointments in question, which occurred at a Nov. 17 regular city commission meeting. At the meeting, Hernandez made a motion to appoint former San Benito CISD superintendent Joe D. Gonzalez, the mayor then asked if there was another nomination when he didn't get a second motion from the commissioners for his appointment. Place 1 City Commissioner Rene Farias answered and said he had another nominee, Irene Montalvo, in which case the nomination was seconded and the motion carried. Immediately following such action, Hernandez directed City Secretary Lupita Passement to write a letter informing the nominees of their appointment. However, the mayor changed his mind the next day and alleged that the commission “tried to shove the appointments down my throat,” he said; alleging further that a few commissioners, whom he did not name, are conspiring against him. Hernandez has also reportedly stated that the commission disrespected his position as mayor by making such appointments, citing state law as well as the city charter in his argument that the mayor is sole appointer of housing authority board members. Others, such as City Manager Manuel Lara and City Attorney Jan Cassidy, have argued that the mayor was a willing participant in the appointments and cited his directive to Passement as proof of such; what's more, they stated that the mayor did not voice opposition to the matter in which the proceedings were taking place. “I was not present at that (Nov. 17) meeting, but in listening to the tape, I found that it was very cordial and very professionally done,” Lara said. “He (Hernandez) opened up the requests for additional nominations, and he followed through with each position.” Despite Hernandez's refusal to sign the letters and recognize the appointments as valid, Lara instructed Passement to send the letters to the appointees anyway. At Tuesday's regular city commission meeting, Hernandez requested an opinion from the city attorney on whether it was proper for Lara to mail the letters without the mayor's signature and with the attached minutes from the Nov. 17 meeting, which by that point had not been approved. Lara, though, contended that a transcript of the item in question was attached, not the minutes. Lara also noted that the mayor's signature, though it is customary, was not necessary on the documents since Hernandez did not specify as much at the Nov. 17 meeting. Moreover, Cassidy said the action was not improper and reiterated that the mayor was the official who originally gave such direction to the city secretary. The mayor then stressed that he changed his mind, comparing the matter to asking for a Coke and then wanting a Dr. Pepper instead. Cassidy disagreed and stressed that official business conducted during an open city commission meeting is not like buying a Coke. What's more, Cassidy said Passement would have been “incorrect” if she did not mail the letters to the appointees, contending further that the mayor's directive during an official meeting holds more weight than any request he makes outside of those circumstances, regardless if he changes his mind. Still, Hernandez insists that the appointments were invalid, based on advice from his attorney, and that city manager “disobeyed a direct order” not to mail the letters that informed the appointees of their appointment. “I had already advised the attorney before the forms were sent not to send them because the names had been removed,” Hernandez said, this time citing his authority as mayor to remove housing authority board members. But city officials argue that board members cannot be removed from a board until they've been sworn in. When asked to comment on this development, the mayor responded, “They haven't been sworn in, so I don't know. All I know is that the appointments are invalid.” Hernandez said he intends to get the item back on the agenda at a future meeting, but he also acknowledges that if the commission does not give consent to his appointments, “then we'll move on.” Lara said, “We're still under the assumption that everything will be followed through as advised. I just want to make sure I protect the employees. It's my responsibility to make sure that the employees do as they've been directed to do.”  Concern prompts city to address panhandlers By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito city officials said they will begin researching solicitation ordinances, this after they were made aware of panhandlers who some say prey on the pockets of passers-by. As evident in a letter to the editor in the Dec. 23 mid-week edition of the San Benito News, citizens of the Resaca City have for some time now inquired about a person or persons who solicit money from motorists on Sam Houston Boulevard near Business 77 and on Frontage. These people are often seen with signs explaining that the money will be used to fund medical expenses for a young girl with cancer. For months now this has become a common sight in the aforementioned areas; in fact, the News approached the people in question in an effort to assist them with a story, but reporters were met with noncooperation. As suspicions arise regarding the credibility of these panhandlers, citizens continue to question their place on San Benito streets regardless of their motives. According to Texas Attorney General Spokesman Tom Kelley, there are no state laws that prohibit such activity. “The city in question would be responsible on what they will or will not permit based upon its ordinances. State law will not address anything like that unless a crime, such as theft, is being committed,” Kelley said. San Benito Police Chief George Gomez concurred, but added that it is also illegal for solicitors to block roadways. “They can't be soliciting out in the middle of the street. No one should be impeding traffic,” Gomez said. Concerning local ordinances prohibiting solicitation on streets/roads/thoroughfares, City of San Benito Code Enforcement Officer John Rodriguez said there is no updated ordinance that addresses the matter adequately, further noting that his department will begin examining such measures in 2010. “Come January, we're going to present certain ordinances to the commission, such as solicitation,” Rodriguez said. In the meantime, City Manager Manuel Lara said he'd prefer a permitting process be implemented in efforts to produce accountability and administer public protection. “If they (panhandlers) need a permit, they're going to need to come in and get a permit. I would rather require them to have the authorization and an official letter signed by myself and code enforcement that authorizes them to be there (streets),” Lara said. “That way if an officer asks if they have permission to be there, they'll have a letter. This is also to have identification to assure who and where they are, that way if they're identified as an illegitimate operation, we can track them down.” “So if it's not part of the ordinance, it's something we need to bring to the commissioners,” Lara said. Place 4 San Benito City Commissioner Celeste Zepeda Sanchez expressed concern on the matter, echoing Lara's sentiments that such an issue should be brought to the commission. “There was research recently on people that are collecting for a little girl with cancer, and it turned out that, according to their research, it's not true. So I really think Mr. Lara needs to bring it to the commission. It's not fair for the citizens to be taken advantage of like this,” Sanchez said.  Pets alert woman of house fire, game may be cause By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito family's Poodle and Yorkshire Terriers alerted them to a fire possibly started by an overheated videogame console, firefighters said. At approximately 11:30 a.m. Friday, Dec. 18, San Benito firefighters were called to a structure fire located near Farm-to-Market (FM) 509 off the Expressway 83 Frontage. There, a single room inside a home reportedly owned by a Hector Castillo was on fire. The home owner, according to San Benito Fire Marshal Henry Lopez, was attempting to put out the blaze when firefighters arrived. It was reported, however, that firefighters extinguished the flames within 10 minutes of their arrival. According to Lopez, although the cause of the fire has been determined, the source remains in question. “It was not an electrical short. What it was is something overheated on an entertainment center, but we're not specifically able to tell what it was,” Lopez said, noting that the items inside the entertainment center included a Sony Playstation 3 as well as two television sets and a laptop. “It was an electronic apparatus that heated up, but it didn't throw breakers on the electrical extension or even the main breaker. It was definitely one of his electronic devices that overheated, though,” Lopez added, again noting that the Playstation was powered on during the time of the fire and said it could have been the source of the blaze. A woman, identified as the owner's wife, was the only person inside the home during the fire and was reportedly unaware of the flames, which were engulfing her son's room in the southeast corner of the house. It wasn't until the family's dogs, reportedly a Poodle and a couple of Yorkshire Terriers, began to scratch her bedroom door that she realized what was occurring. “The dogs started barking and acting kind of strange. She mentioned that to me, that the dogs alerted her to the fire, which made her go in that direction. She was then able to smell the smoke, call her husband and call 911,” Lopez said. There were no injuries reported in the fire; Lopez as well as friends of the family credited their pets for as much. “No one was hurt. Basically the main damage was to that room and some damage to the other rooms, but it's reparable,” Lopez said.  Greyhounds give to needy family By PETE BANDA Special to the NEWS After giving opposing teams nightmares on the football field, the San Benito Greyhounds made a dream come true for one San Benito family this Christmas. Each Greyhound player donated a toy to make sure the Olivarez family of San Benito had a Christmas to remember. Despite considering many families, in the end it was Ofelia Olivarez and her five young children who were chosen as recipients of the donations. “We just kept asking around for a deserving family,” said Greyhound quarterback Brandon Marquez. “They were the family that everyone kept telling us about, so we picked them.” In addition to every athlete bringing in a gift, the San Benito Greyhound Quarterback Club and coaching staff brought in necessities for the family, such as diapers and baby food for the family, and everything that was collected was presented to the family at the Greyhound Sports Complex on Tuesday night. As the young children ran to pick out their presents, the players gave their gifts to the kids, and head coach Spencer Gantt, who was sporting a Santa Claus hat, helped the youngest child unwrap a present or two. “We always talk about giving back to the community and being better men,” said Gantt to a room full of players and adults alike. “This is a great thing to do, and I'm proud of our players for putting this together.” This is the second year that the Greyhounds have chosen a family to donate to and for Marquez and his teammates, it's a tradition they would like to see continue. “It feels good to be able to give back like this,” said Marquez. “This is one tradition that I hope won't change here.” Fellow senior Chris Preciado agreed with Marquez. “It's really a great feeling knowing that we put all this together,” said Preciado. “I just wish I could be here for another year just so I could see another family this happy.”  Officials: No plans to annex Kornegay By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Despite previous reports, City of San Benito officials recently said that they have no intention of annexing the area toward Kornegay and Palo Verde roads. The San Benito News has for weeks now received letters to the editor from residents of the aforementioned neighborhoods, all writing in with concerns about the city intending to annex their area. The only problem is the city does not intend to do so, at least according to Mayor Joe H. Hernandez, Place 3 City Commissioner Bill Elliott and City Manager Manuel Lara. According to Hernandez, the confusion occurred when the Valley Morning Star reported that the city planned to annex land toward Kornegay and Palo Verde. Although it was city officials' reported statements at a workshop that were the basis of the article, along with an interview with the mayor, Hernandez told the News that it was actually land located east toward Farm-to-Market (FM) 510 that the commission expressed interest in possibly annexing. Kornegay and Palo Verde were mentioned, Hernandez said, but not in terms of actual planning or carrying out the procedures needed to make an annexation plan. Elliott concurred. “No plan is currently in the works, just a study to see what we can do on the 360 degrees around the city limits of San Benito,” Elliott said. “The area in Kornegay, my neighborhood, was not singled out. They were just among many areas around the city that were discussed. Remember this was a workshop, not a planning session.” On the possibility of annexing toward Kornegay and Palo Verde in the near future, Hernandez said, “There are no plans in annexing that area anytime soon. We don't have an annexing plan. It takes three to five years to do that, so at least for the next five years there is no intent to move our boundaries that way.” Still, Hernandez said “sooner or later” the city may contemplate such action, adding, “Pretty soon all cities are going to be connected to one another, because the Rio Grande Valley is growing fast. But for the next five years, I guarantee nothing's going to happen.” In the meantime, Lara said he has encouraged the mayor and commissioners to continue researching potential annexations, stressing that increasing the city's boundaries is key to future growth and economic development. Elliott said that before these measures are taken, the commission will work to assure that whatever area is being considered for annexation will be adequately provided with city services and infrastructure.  IT report finds privacy violations By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The report assessing the City of San Benito IT (information technology) department in May of 2009, then under the guidance of former director Javier Flores, revealed several concerns that include possible privacy violations, unauthorized monitoring, and the questionable deletion of computer files following the termination of former fire chief J. Orlando Garcia. Valley IT Solutions made these discoveries after completing an assessment of the city's IT department, its operations and its personnel. This evaluation began on May 6, 2009. Javier Flores, the former City of San Benito IT director, was terminated May 13 after several years of employment. The cause of Flores' firing was not made public then; however, the report states that Flores “inexplicably” disappeared at the beginning of the evaluation. Attempts to contact Flores for comment were unsuccessful as of presstime. Among the many issues detailed in the report, the executive summary specifically states that there was evidence of files deleted after the termination of former fire chief J. Orlando Garcia, and files deleted after equipment had been returned to the city. Furthermore, the report states that there was software for spying on users' desktops “to see what they were doing without them knowing” and software for “permanently deleting files making them unrecoverable.” It was further reported that an external hard drive belonging to the former IT director is still missing and could contain important information. Moreover, Valley IT Solutions found “serious security risks,” the most notable of these concerned the city's wireless network lacking password verification and encryption. “This was done purposely as the IT specialist had requested to secure the wireless network with a password but was prohibited by the IT director,” the report read. “… This effectively allowed anyone with a laptop, cell phone, or any device capable of accessing WiFi signals to access the City of San Benito network within 150-300 feet of the antenna, including outside the building (city hall).” What's more, the email system used by the city was creating duplicates, in which an administrative account received copies of all sent and received emails. The city's website project was not exempt from criticism as well; the report concluded that it was “mismanaged and unlikely to be completed.” Specifically, there was a contract with a Valley-based company dated November of 2007, in which a timeline for completion was set for 18 days. Over two years later the project remains incomplete, this despite website expenditures exceeding $40,000. The report's conclusions state the following: “In evaluating the former IT director, there were a number of questionable practices, possible violations of privacy, and evidence of unauthorized monitoring. There were blatant and purposeful security flaws on the network. It is indisputable that the IT director was not performing his duties in maintaining and securing the information of the City of San Benito. It is also apparent that the IT director was incapable of managing projects, personnel, and operation of the IT department to ensure its success in serving the city.” Although City Manager Manuel Lara said there was little he could comment on, he did confirm that current officials were unaware of these issues, stating that they were only inherited. “Some of the findings in the report were adamant for us to take corrective action, and we proceeded in taking corrective action. The positive thing is we've taken the findings of this report and began to implement and adopt very strict policies and procedures to produce checks and balances on IT,” Lara said. Place 4 City Commissioner Celeste Sanchez said she was disappointed by the findings, adding, “The city has taken immediate action to make sure this will never happen again.” Flores is currently performing contract work for the San Benito Public Housing Authority, but after learning of the IT report's implications, executive director Arnold Padilla said he will evaluate the agreement. “He conducts very minimal activity, basically the maintenance of equipment. But I would like to see the report and read exactly what kind of violations they're referring to,” Padilla said. “Mr. Flores has performed well with us. There never has been a reason to be concerned, but we will review.” Though Padilla would not release Flores' contractual wages with the housing authority, he said Flores works 380 hours on a quarterly basis.  Local teen arrested for robbing arcade with BB gun By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito teenager was arrested Friday after allegedly robbing a game room with a BB gun; he was reportedly hiding in a drainage pipe when authorities apprehended him. Lieutenant Martin Morales of the San Benito Police Department (SBPD) reported that 19-year-old Miguel Antonio Tapia, Jr. of San Benito was arrested Friday, Dec. 11 in connection with the armed robbery of the Blue Elephant Arcade, located on 30724 E. Business 77. According to Morales, a male suspect entered the arcade at approximately 2 p.m.; he was reportedly wearing a black hoodie over his head, black sunglasses, a black cap and a blue bandana covering his nose and mouth. Morales said the suspect displayed an unknown type of handgun and pointed the weapon at the temple of an employee, forcing her to walk to the back of the building where the office is located. “Once in the back area, he demanded the money, in which the employee complied with the demands since the weapon was at her head,” Morales said. “The suspect made off with $3,000 in cash.” Investigators said the male, whom police identified as Tapia, ran out the front door of the business and fled on foot toward Business 77 and Iowa Gardens Road. “A male employee ran in the direction where the suspect was last seen running and lost sight of him by the bridge on Iowa Gardens. The male employee looked under the bridge and saw the male in what appeared to him as though he was counting the money,” Morales said. “The male made a gesture as if he was going for a weapon and the employee retreated back to the roadway area. He kept an eye from a distance until police arrived.” Upon arrival, police located Tapia hiding inside a drainage pipe on the northern end of the bridge, where the money, bandana, sunglasses and weapon were located as well. As it turns out, the weapon used in the heist was an air gun (BB gun). “It resembled that of a real weapon,” Morales said. Charged with aggravated robbery, Tapia was arraigned by Judge Benjamin Yudesis and transported to the Carrizales-Rucker Detention Center in Olmito, where he remains incarcerated on $25,000 bond.  San Benito airman killed in `game of trust' By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito native serving his country as an intelligence analyst for the United States Air Force was killed Friday, Dec. 11, allegedly by another airman. The Bellevue Police Department of Bellevue, Nebraska announced that 23-year-old Offutt Air Force Base airman Michael Garcia was shot and killed at approximately 1 a.m. Dec. 11. Garcia is a native of San Benito and graduated from San Benito High School in 2004. Garcia was reportedly found dead at the Gateway Park Apartments on 321 Fort Crook Road in Bellevue; he was the apparent victim of a gunshot wound to the head. Bellevue police said three other men were present in the apartment at the time of the shooting and were transported to the station for questioning, according to reports. One of the men, 21-year-old Corey Hernandez, was reportedly arrested and booked into the Sarpy County Jail on charges of manslaughter and use of a weapon to commit a felony. Hernandez was also identified as an airman stationed at Offutt. Authorities confirmed that Hernandez was also from Texas but could not specifically verify where. It was also reported by a Bellevue police captain that Garcia, Hernandez and two other Offutt airmen “had some drinks at a bar and went back to the apartments,” where the men were reportedly making sandwiches when the gun's owner allegedly began a game he often played involving “trust.” The owner of the weapon put the gun down, and that's when Hernandez allegedly picked up the weapon and Garcia was shot, police said. According to a recent Associated Press report, “trust” is a game Marines have sometimes played to build confidence in colleagues, in which a gun is pointed at a comrade and asked, “Do you trust me?” On the day of his death, Garcia's Facebook page was flooded with condolences and sentiments of grief and mourning from friends. In fact, according to the website's time stamp, Garcia posted messages about coming home for Christmas just four hours before the shooting reportedly occurred. Rosanna Becerra, Garcia's mother, expressed these sentiments while holding back tears: “He was a great kid. He was a good son and a good brother. He was serving in the military and reenlisted for another four years. He worked for Air Force intelligence. He loved what he did for his country.” Garcia has two younger brothers currently enrolled in San Benito schools. Funeral arrangements are pending.  SBN to hold `Best Tamales' contest By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Tamales have traditionally been a large part of the holiday season and a favorite at families' dinner tables, not to mention a hot commodity for local businesses. But who makes the best tamales in town? On Wednesday, Dec. 23, four judges will attempt to answer that question as the San Benito News will hold a tamale making contest at the News office on 356 N. Sam Houston Blvd. Representatives of the News as well as community members will make up the judges for the contest. The contest, entitled “The Best Tamales In Town,” encourages all in the community, residents and businesses alike, to make a dozen of their best tamales and deliver them to the News office at 1 p.m. Dec. 23, at which point judging will begin and a winner will be announced immediately following. The winner will receive a $50 gift certificate at sponsoring businesses as well as a full-length feature article (with picture) written about the person, dubbing their tamales as the best in the city. But it's the bragging rights that are at stake here, at least according to some San Benitians who've already expressed interest in participating. For Adolfo Toriz, owner of San Benito Wings, he hopes his cooks will receive the recognition as his restaurant also sells tamales. For more information about the contest, call the News office at (956) 399-2436.  Final suspect in game room robbery arrested By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The third and final suspect in a September aggravated robbery of a San Benito arcade was apprehended this weekend. Robert Reza, 23, of San Benito was arrested Sunday, Dec. 6 at approximately 3:25 p.m. by the Texas Department of Public Safety Highway Patrol, this after a trooper discovered he had an outstanding warrant for his arrest out of the San Benito Police Department (SBPD). Reza was wanted in connection with the Sept. 29 armed robbery of The Game Room, an 8-liner arcade located on 682 E. Stenger St. Although Reza was not the actual gunmen nor was he present at the scene of the crime, SBPD investigators have previously stated that he was allegedly involved in the scheming of the heist. Twenty-one year-old Ruben Rios was arrested the day of the robbery for allegedly planning the caper along with 22-year-old Arturo Rios (no relation) and Reza. Ruben Rios, who at the time of the incident worked as the arcade's security guard, was accused of acting as the tip-off man. Specifically SBPD Lieutenant Martin Morales said Ruben Rios sent a text message to Arturo Rios informing him that a female employee was outside the business carrying $8,000 in cash within a black bag. That's when Arturo Rios allegedly accosted the female and demanded the money; meanwhile, Ruben Rios stood by and “acted like a victim,” Morales said. Morales said Arturo Rios was apprehended Nov. 3. Investigators believe he was the gun-wielding assailant who robbed, at gun-point, the arcade employee.  Missing teen returns home By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A 12-year-old Riverside Middle School student is back at home with her family after going missing for nine days. Forty-six year-old Angelita Delgado of San Benito came to the San Benito News Monday desperate to find her daughter, 12-year-old Xena Delilah Delgado. Angelita said Xena was last seen Nov. 29, 2009 outside her residence, located on the 33000 block of Landrum Road. There, Angelita said her daughter wanted to go out for a jog at approximately 6 p.m. but was upset when her mother refused. “I told her no, because where we live is out in the country, and the main road is far from the house. There are only three homes out there,” Angelita said, noting that the last time anyone saw Xena was when “she was sitting outside before she went to her room to listen to music.” Twenty-one year-old Priscilla Torres, Angelita's older daughter, said she saw a suspicious vehicle driving on Farm-to-Market (FM) 675, nearby the Delgado home, at the time of Xena's disappearance. Priscilla said she approached the vehicle and observed a man she described as being in his 30s sitting at the driver's seat; she also saw a 14 or 15-year-old girl, who is an acquaintance of Xena's, sitting on the passenger side. The mother and sister were worried by this point, stating that Xena does not usually jog and had already gone missing before. However, Angelita said the longest Xena's been gone from home is a day or two. “She always comes back, but it's been eight days now and I'm scared that she might be held against her will,” Angelita said Monday. Priscilla said she spoke to the man in the car, which she described as a new white Chevrolet Malibu with tinted windows. “When he rolled his window down I expecting to see a teenager, but it was an older man in his 30s. He was clean cut, balding, and he had acne all over his face. I'd never seen him before; then I noticed on the passenger side was my little sister's friend,” Priscilla said, adding that she also spoke to the friend, who, according to the worried sister, claimed Xena was indeed going to meet them but called and changed her mind. Angelita and Priscilla did not believe the friend's story and reported Xena missing. It wasn't until approximately 5 p.m. Monday, Dec. 7, when Xena was located at Valle Vista Mall in Harlingen, according to her father, Ruben Delgado. Ruben reported that Xena is now safe at home and initially appeared unharmed; however, he said his daughter refuses to disclose her whereabouts during the time in which she was missing.  Man arrested for embezzling thousands from funeral home By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A Brownsville man was arrested Wednesday in San Benito for embezzling thousands of dollars from a local funeral home. At approximately 9:15 a.m. on Dec. 2, Harlingen police officers apprehended 35-year-old Brownsville resident Hugo Alejandro Cano at 395 S. Sam Houston Blvd. in San Benito. According to a Harlingen Police Department (HPD) press release, detectives had an outstanding arrest warrant for Cano. The warrant was reportedly obtained through investigation into a theft of a funeral home that was reported on Oct. 22, 2008; further probing led authorities to believe Cano was the perpetrator. “According to a representative of the Rudy Garza Funeral Home, located at 1702 E. Harrison St., an employee had illegally transferred approximately $7,000 from the business account into private credit card accounts,” the release read. These transactions, according to police, occurred from May of 2007 to May of 2008. “Through the investigation, detectives were able to link (Cano) to the illegal transactions, resulting in a theft and an arrest warrant was obtained,” the release further read. It has yet to be revealed what Cano's position was at the funeral home during the time in which the thefts occurred. Cano was arraigned Thursday, Dec. 3, by Harlingen Municipal Judge Travis Bence. His bond was set at $5,000.  RED TIDE ADVISORY ISSUED FOR DOG OWNERS By LOGAN HAWKES Special to the San Benito News Officials say it remains unclear whether the Cameron County parks department will ban dogs from beaches across South Padre Island after an alarming report from the National Park Service (NPS) this week that an unusually large number of coyotes and domestic pets turned up dead in what is believed to be related to consuming fish that died from red tide and washed up on the beach. The National Park Service in Corpus Christi issued the ban Monday after park rangers discovered a number of dead coyotes and reports began filtering in about domestic pets that either died on the beach or shortly after visiting the beach. All of the incidents happened on National Seashore property between Port Mansfield north to Corpus Christi. So far, no reports of dead coyotes or affected pets have been reported on South Padre Island, but county park officials say they are monitoring the development closely and are prepared to issue a warning if toxicology reports confirm dead fish was the cause. “We spent some time in a conference call with state health officials on Tuesday about this situation. So far, no such reports of wild or domestic animal deaths have been reported on South Padre Island beaches, but the plan at the moment is for the Cameron County Health Department to issue an advisory warning pet owners of the potential danger,' reports Javier Mendez, Cameron County Parks Director. That advisory was expected to be distributed early Wednesday morning. Mendez says the beach is a popular spot for winter visitors who often bring their dogs with them for “fun in the surf”. But he reminds pet owners that leash laws are in effect on all county beaches and suggests that pet owners monitor their pets carefully to avoid contact with any dead fish on the beach. The National Park Service and the Texas Department of Health have confirmed that animals that recently died on the National Seashore tested positive for brevotoxin, acquired from the consumption of fish killed by the recent red tide. Officials say there is no known antidote for the toxin. “Brevetoxin is a toxin produced by dinoflagellates, such as Karenia brevia, the dinoflagellate responsible for the recent red tide event,” according to a press release from the NPS.  Second robbery suspect apprehended By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito police have arrested a second suspect wanted in connection with an armed robbery at a local convenience store. At approximately 11 a.m. Wednesday, Nov. 25, 19-year-old Joshua Jordan Muñoz was apprehended at his home located just outside Los Fresnos. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said Muñoz was arrested on an outstanding warrant for aggravated robbery, a first degree felony. “This was a result due to an ongoing investigation on the aggravated robbery that occurred at Stripes Store, 304 S. Sam Houston on Nov. 14, 2009,” Morales stated in a press release. According to Morales, Muñoz allegedly participated in the crime as “an accomplice” who provided the getaway vehicle; police also identified him as the alleged “mastermind” in planning the robbery. Muñoz was arraigned Wednesday by Municipal Court Judge Adolfo Cordova and transported to Carrizales-Rucker Detention Center on $75,000 bond. The man accused of being the actual gunmen in the crime, 17-year-old Paul Burnett, was arrested Nov. 19 without incident at his residence - also located on the outskirts of Los Fresnos. Making the arrest then were SBPD detectives and the SWAT (Special Weapons and Tactics) team; including authorities with the Cameron County Sheriff's Office who assisted San Benito authorities. Burnett was charged with aggravated robbery, a first degree felony, and remains incarcerated at Carrizales-Rucker Detention Center on $30,000 bond. The robbery in question occurred Nov. 14 at 2:20 a.m., when a store clerk was approached by an armed man, allegedly Burnett. Surveillance footage from the store security camera and investigation reportedly helped lead to the arrest. As previously reported, the store clerk stated he was confronted by a male subject wielding a shotgun and who demanded money from the cash register. The suspect then fled with approximately $30.00 in cash in fives and one dollar bills. The footage showed the suspect point a shotgun, which appeared to be a black full-size pump action 20 gauge, low at the clerk with his right hand while taking the money from the cash register with his left.  100 oak trees donated to San Benito By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net What better way to pay homage to 100 years of existence than to contribute that in which epitomizes growth? Simmons Oak Farms took this sentiment seriously as the entity will donate 100 live oak trees to “deserving public and private organizations,” this in honor of the centennial celebrations in the cities of San Benito and Harlingen. “Cecil Simmons, M.D. and Leonard Simmons, III, the owners of Simmons Oak Farms, decided that 100 trees for 100 years would be a fitting tribute to these two great cities,” read a Simmons Oak Farms press release. “The centennial celebrations are particularly meaningful to the owners. Their family first moved to the area in 1919. Cecil raised his family in San Benito where he practices medicine, and Leonard, a fourth generation local farmer, raised his family in Harlingen.” The oak trees, which will be available in February in commemoration of All Valley Arbor Month, range in height from 12-18 feet tall. Recipients are expected to install, stake and maintain the trees received. Eligible to apply for the trees are schools, churches, public entities and not-for-profit organizations in the Harlingen and San Benito area.   Those interested can download an application by visiting www.simmonsoakfarms.com. For more information, call (956) 425-5859. Meanwhile, City of San Benito officials are pleased with the news and appreciative of Simmons Oak Farms. “The city welcomes the opportunity to participate in this program to help beautify the Resaca City. We will probably utilize the trees in an Arbor Day ceremony in February. We hope the citizens also take advantage of the opportunity - if they can - to get some of the trees and plant them as well, which would help improve the quality of life in the community,” said City of San Benito Public Relations Coordinator Martha McClain. Simmons stated, “Wouldn't it be wonderful if these 100 trees are still around when San Benito and Harlingen celebrate their bi-centennial anniversaries?”  Teen returns home after going missing for over a week By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Though Zelda Lemus spent Thanksgiving without her daughter, Christmas is looking like better times for her family as her teenage child returned home this weekend after going missing for over a week. Lemus came to the News on Tuesday, Nov. 24 expressing concern regarding her daughter, 16-year-old Victoria Lee Niño who reportedly disappeared after being dropped off at school on Friday, Nov. 20. “We miss her a lot and want her home,” Lemus said in a previous interview. According to Lieutenant Martin Morales of the San Benito Police Department (SBPD), Victoria was last seen at approximately 12 noon. Morales said she was dropped off at school, Mid-Valley Academy on 1785 W. Business Highway 77 in San Benito, and was last seen by a campus security guard, who reported seeing the girl walk off campus. While San Benito police continued looking for Victoria and investigating possible leads as to her whereabouts, Lemus pleaded for her daughter to return home, this as Thanksgiving approached. Concerns mounted as the holiday came and went. But it was on Saturday, Nov. 28 when that all changed. “The missing juvenile called her mother advising she was at the bus stop (Harlingen) asking to get picked up by her mother. No foul play is suspected, and the missing juvenile was picked up by her mother at the bus station and she returned home,” SBPD Sgt. Rene T. Garcia reported. Her whereabouts during the time in which she was reported missing was not released. Little else has been shared with the media other than Victoria's safe return home.  Ortiz pushes for jobs with the U.S. census Special to the NEWS WASHINGTON, D.C. - U.S. Rep. Solomon P. Ortiz announced the U.S. Census is recruiting thousands of temporary, part-time census takers for the 2010 Census in South Texas, including those with bilingual skills. “These jobs offer excellent pay and the U.S. Census is looking for scores of people to help accurately count every person living in this country,” Ortiz said. “These jobs are excellent for people who want to work part-time, for those who would like a second job or for people who just need an additional source of income during these tough economic times.” Hundreds of thousands of jobs are available throughout the country, including the 27th District of Texas. “Hundreds of thousands of census takers are needed nationwide to help locate households and conduct brief personal interviews with residents,” Ortiz said. “Most positions require a valid driver's license and use of a vehicle.” Every 10 years, the Census Bureau takes a snapshot of the country's population, determining how many people reside within the nation's borders, who they are, and where they live. The results help determine your representation in government, as well as how federal funds are spent in communities throughout the nation on projects like roads, parks, housing, schools and public safety. “As a census taker, you'll play a vital role in making sure that everyone is counted,” Ortiz said. “I encourage all to apply.” To apply for a job with the U.S Census, call (866) 861-2010, or visit http://2010.census.gov/partners/pdf/JobsFAQ.pdf.  Armed robber suspect arrested By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The suspect in an armed robbery of a local convenience store is now behind bars after eluding authorities for nearly a week, according to police. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said that 17-year-old Paul Burnett, the suspect in the aggravated robbery of Stripes Convenience Store on 304 S. Sam Houston Blvd. in San Benito was apprehended Thursday, Nov. 19 without incident at his residence in the outskirts of Los Fresnos. Making the arrest were SBPD detectives and the SWAT (Special Weapons and Tactics) team; authorities with the Cameron County Sheriff's Office aided with the arrest. In a press release, Morales stated that Burnett was charged with aggravated robbery, a first degree felony. The robbery in question occurred Saturday, Nov. 14 at 2:20 a.m., when a store clerk was accosted by an armed man, allegedly Burnett. Morales said surveillance footage from the store security camera and investigation helped lead to the arrest. As previously reported, the store clerk stated he was confronted by a male subject wielding a shotgun and who demanded money from the cash register. The suspect then fled with approximately $30.00 in cash in fives and one dollar bills. The surveillance footage caught the incident on camera and showed a bald man with no facial hair wearing a black short-sleeve button-up shirt with blue jean shorts and clear lens glasses resting on his head; he also had a tattoo by his left eye. The suspect pointed the shotgun, which appeared to be a black full-size pump action 20 gauge, low at the clerk with his right hand while taking the money from the cash register with his left. During his arraignment on Friday, Nov. 20, Justice of the Peace Julian Sanchez set Burnett's bail at $30,000. As of presstime Friday, Burnett was incarcerated at Carrizales-Rucker Detention Center in Olmito.  Annual reception known for embracing winter visitors By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net It's rare that the name of an event captures its purpose as well as its festive nature, yet still succeeds in sounding appealing. The Welcome Back Winter Texan reception can easily lay claim to this distinction … and how can it not? The name says it all. The long-running event held at the Fun 'N Sun RV Resort in San Benito has, for over 20 years, welcomed back winter visitors to the area with open arms and a warm smile. San Benito Chamber of Commerce officials stressed the importance of the reception, noting winter visitors' positive impact on the Rio Grande Valley. “What we do is appreciate them for making San Benito and the RGV their winter homes. They help stimulate our economy,” Padilla said. The Chamber co-hosts the shindig with Fun 'N Sun every year, providing refreshments and door prizes sponsored by local merchants. The upcoming event will be no exception as one can expect the usual good food, music, standup comedy, and, of course, dancing at the 2010 event. The Welcome Back Winter Texan reception is slated for Tuesday, Jan. 26, 2010 at 7 p.m. inside the Fun 'N Sun RV Resort Recreation Hall, located on 1400 Zillock Road in San Benito, where country singer Will Yancy will act as the master of ceremonies. Hundreds are once again expected to attend judging by the number of residents occupying the resort this year. Dianne Tanner, Events Coordinator at Fun 'N Sun, said the resort is currently enjoying steady numbers. “We're doing extremely well right now. We're not at capacity yet but we will be come January,” Tanner said of Fun 'N Sun attendance. “I think they come here because of the weather and the park for all the activities we provide.” “That's why we have the Welcome Back Winter Texan, to welcome them back and make them feel at home,” she added.  Alleged PRM gang member busted By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito police arrested an alleged member of the gang Partido Revolucionario Mexicano (PRM) on Wednesday for drug and weapons possession. At approximately 10:30 a.m. on Nov. 18, 33-year-old Mexican national Arturo Trejo was apprehended at his place of residence - Iowa Gardens just outside San Benito - after he was allegedly found to be in possession of marijuana and a handgun. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said the SWAT (Special Weapons and Tactics) team executed a search warrant at Trejo's residence and allegedly discovered a .357 magnum revolver in the home as well as a pound of marijuana. “We also found that Trejo is a known member of a gang called the PRM, which is a Mexican national gang that can be violent. They're a pretty serious security threat group,” Morales said. Furthermore, the lieutenant reported that Trejo is also a deported felon who was investigated by the SBPD for allegedly selling drugs in the area. “It was an ongoing investigation based on information the department received about him doing some narcotic dealing, and the guys followed up on it. Probable cause then led to a search warrant, and one thing led to another,” Morales said. Trejo was charged with possession of marijuana and possession of a firearm by a convicted felon; he is currently incarcerated at Carrizales-Rucker Detention Center in Olmito on $12,500 bond.  Close-knit family comes together after accident By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito family continues to pray for the recovery of a loved one severely injured in a recent motorcycle accident. “It's been extremely stressful on our family, but we're staying positive, and we're at the hospital daily,” said 38-year-old Joey Flores. Joey was describing the ordeal his family is currently enduring after his older brother, 43-year-old Agustin Flores, was involved in a motorcycle accident that left him in critical condition. He is hospitalized at Valley Baptist Medical Center in Harlingen. At approximately 12:45 a.m. Saturday, Nov. 14, Agustin was riding his motorcycle when he approached the vicinity of Breedlove and Loop 499 in Harlingen, Joey said. According to family, Agustin was on his way home when witnesses said they saw the motorcycle hit a highway median, sending the bike skidding 50 to 60 yards away. Agustin was ejected from the motorcycle and suffered severe head trauma as a result, including internal bleeding and extensive bruising and lacerations to his chest and hands. Agustin was hospitalized for treatment and is currently in critical condition. Joey said his brother is also unconscious as doctors placed Agustin in a drug-induced coma. “We don't know whether Agustin was run off the road, that's unclear. We do know he was near an intersection and that there was another car involved. Witnesses told me at the hospital that night that the car slowed down because they saw the brake lights on, but then it took off and didn't stop to render any aid,” Joey said, noting; however, that it is believed there was no collision between the car and motorcycle. Although money is the last thing on their minds, Agustin's family expressed gratitude to a number of bike clubs and organizations that have donated monetary contributions to help alleviate some of the medical expenses. “The motorcycle community and several different organizations have come together unbelievably with fundraisers and functions,” Joey said. “We definitely appreciate all the support the community and our friends have shown.” Those who are willing to help are encouraged to make a deposit at any Capital One bank under the name Agustin Perez Flores - account number 3814225878; or call Joey at (956) 245-1404. In the meantime, the family stressed their intentions of staying by Agustin's side in hopes of his recovery. On Friday, Joey said, “The last meeting I had with the neurologist was last night, and I was told that he (Agustin) is still in critical condition and only time will tell.”  Commission works out two-year contract with stock show By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The South Texas Youth Stock Show (STYSS) will return in 2010 after a one-year absence. The San Benito City Commission approved a two-year contract with show organizers, enabling a 2010 2011 event. As per the contract, Place 2 City Commissioner Jack Garcia said the City of San Benito will receive 10 percent of the gate (parking fees). Furthermore, Garcia said the stock show will pay for the electrical bill during the course of the multi-day event. “(The two-year contract) gives them time to plan and organize for the following year, but we did not want to go beyond that because we're in the process of doing some upgrades out there,” Garcia said in reference to the San Benito municipal airport property, the site of the stock show. The 2009 show was canceled due to hurricane-related damages at the property. Repairs have thus far been minimal at the show grounds, which may lead to a scaled-down event in 2010. However, Garcia said many of the repairs, including a proposed $600,000 upgrade of the Newman building, may be complete in time for the 2011 event. “It also behooves them (stock show officials) to sit back and be patient with us beyond the two years. We also discussed that (city manager Manuel) Lara work with them during the time when they need to set up,” Garcia further noted. The Newman building upgrade will make possible a civic center-type facility the city plans on being a multi-use rented establishment. Commissioners said that a grant will help pay for such upgrades. “There are proposed ideas for other areas of the airport property, and we're looking at another possibility of upgrading other barns that would total somewhere in the vicinity of $400,000 to $500,000,” he said. Outside of the stock show's use, the Newman building will also be promoted as a venue for outside concerts or to host company retreats - perhaps even mud races. “It's doable. There's a need for a venue like that. It's not just an upgrade in relation to the youth livestock show, but an upgrade for several events,” Garcia added. Although a date has yet to be set, city officials said the 2010 stock show has thus far been scheduled for late January.  New City of San Benito planning director settles in By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Mayra Benedetti is always looking for a challenge, and her newest job is sure to provide plenty of those. As the new planning director for the City of San Benito, Benedetti fills a post long dormant; her predecessors held planning coordinator positions. The directorship was reinstated recently as part of the city's efforts to form a management team that is “innovative with strategic problem-solving techniques in-line with a new vision of a progressive City of San Benito,” Human Resource Director Arturo Rodriguez said in a recent interview with the News. After working 12 years in planning departments at various municipalities, including the cities of Alamo, McAllen and Harlingen, Benedetti said she feels right at home in San Benito and is eager to utilize her experience to better the Resaca City. “Each city identifies itself in different ways, but in a general sense toward the same common goal. I've seen those differences here, but it's not shocking because I have worked with various cities and each has its own regulations and its own ordinances. We want to apply such ordinances to help the community be maintained and informed,” she said. “We're going to initiate a process in which we'll create pamphlets and fliers so people can know what to do when there is a situation.” Benedetti, who holds a BBA (Bachelor of Business Administration) from the University of Texas Pan-American in Edinburg, last served as city planner for the City of Harlingen. There, Benedetti said her responsibilities entailed aspects of the planning department, which involved developing, the subdivision permitting process, commercial building permits, sign permits, re-occupancy expenses for new businesses occupying existing establishments, and applying policies with zoning ordinances as well as requiring compliance with parking and landscaping requirements. Still, the Alamo-native said her workload will increase even more in San Benito. “(Working in San Benito) is a greater challenge as far as the position goes, but I'm willing to take the challenge,” she said. “Change comes along with it, and I have never feared it. It's an exciting move for me because I will be able to apply my knowledge to the City of San Benito.” Benedetti added, “People have already taken notice of the new outlook the city has. We have received compliments as far as the cleanliness, and we're here to promote that and pursue a better environment for the City of San Benito. This is a great team that has been developing.” First things' first, though. Benedetti said she will move forward with current city projects and review ordinances in anticipation of making amendments.  Police make second arrest in aggravated robbery case By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Two down, one to go. The second of three suspects believed to have been involved in a Sept. 29 aggravated robbery of a San Benito arcade was arrested Tuesday evening. According to Lieutenant Martin Morales of the San Benito Police Department (SBPD), 22-year-old Arturo Rios of San Benito was apprehended at approximately 7:30 p.m. Nov. 3. Investigators believe Rios was the gun-wielding assailant who robbed, at gun-point, an employee of The Game Room, an 8-liner arcade located on 682 E. Stenger St. Officers were following up on an anonymous tip when making the arrest, Morales said. Rios, who had been on the run for over a month, was located at his grandmother's home on the 200 block of S. Milam Street, police said. After charged with first degree felony aggravated robbery, Rios was arraigned by Judge David Garza Wednesday afternoon and given a $75,000 bond. He was then transported to Carrizales-Rucker Detention Center in Olmito. Twenty-one year-old Ruben Rios (no relation) was arrested the day of the robbery for allegedly planning the caper along with Arturo Rios and a third suspect, 22-year-old Robert Reza, who is still on the run. Ruben Rios, who at the time of the incident worked as the arcade's security guard, was accused of acting as the tip-off man. Specifically, Morales said Ruben Rios sent a text message to Arturo Rios informing him that a female employee was outside the business carrying $8,000 in cash within a black bag. That's when Arturo Rios allegedly accosted the female and demanded the money; meanwhile, Ruben Rios stood by and “acted like a victim,” Morales said. Morales further noted that Reza's alleged involvement was concentrated in the planning of the crime. Ruben Rios was arrested by San Benito police and charged with aggravated robbery; his bond was set at $25,000. As of presstime Tuesday, Ruben Rios was not a listed inmate at Carrizales-Rucker Detention Center. Those with information regarding the whereabouts of Robert Reza are encouraged to call the SBPD at (956) 361-3880.  Accident claims elderly man's life By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito family is mourning the death of a loved one killed Wednesday in an auto-pedestrian accident. Alfonso Lopez, 85, of San Benito died at approximately 8:40 p.m. Nov. 4 from injuries sustained in a car accident, police said. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said Lopez was attempting to cross the 1100 block of Business 77 on foot when a 1997 silver Ford pickup truck, driven by 60-year-old San Benito resident Juan Delgado, was exiting the Wal-Mart Supercenter parking lot. Morales said Delgado had just turned east on Business 77 from the Bonner Road intersection and driven about 20 or 30 feet before observing Lopez, who was attempting to walk from the north side of Business in the vicinity of Kentucky Fried Chicken to the south side toward H-E-B. “Delgado saw an elderly male (later identified as Lopez) hesitating in the turning lane and assumed he was going to stay there, but the elderly male started walking in the traffic lane,” Morales said. “The driver attempted to avoid contact by veering left, but he wasn't able to avoid hitting the gentleman, and upon impact the gentleman died at the scene.” The lieutenant reported that Lopez sustained “major injuries” to the right side of his body. Delgado, meanwhile, complied with police and stayed at the scene of the accident, Morales said. “He has not been charged with anything at the present moment,” he said. As per procedure, authorities took a blood sample of Delgado to be sent to a lab for examination. The results of which will be released soon, according to police. “If there's any type of alcohol or illegal substance then, then he (Delgado) could face criminal charges, but he did not show signs of intoxication and took no actions that would make him negligent,” Morales said.  Suspect hits man with brick By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net HARLINGEN - One man was hospitalized and another arrested after a scuffle between the two ended in one of them being hit by a brick. According to the Harlingen Police Department (HPD), 23-year-old Ernesto Alonso Gonzalez of San Benito was arrested Monday, Nov. 2 at approximately 8:30 p.m. for aggravated assault with a deadly weapon. HPD reports state that Gonzalez was allegedly involved in a physical altercation with a 21-year-old man, also of San Benito, who has yet to be identified. The incident reportedly occurred on the 2800 block of Calle Reina in Harlingen. Police did not reveal why the two San Benito residents were in Harlingen at the time. After responding to a disturbance call, Harlingen police officers made contact with two male subjects reportedly involved in a struggle. According to a witness, the men were involved in a physical altercation when one of the male subjects, identified Gonzalez, allegedly picked up a brick and threw it at the 21-year-old San Benito man, “striking him about the head.” “The 21-year-old victim was transported to Valley Baptist Medical Center by EMS for treatment. Gonzalez was arrested and charged with aggravated assault/deadly weapon,” read an HPD press release. The release further read that Gonzalez was arraigned on Tuesday, Nov. 3, 2009, and his bond was set at $30,000. It was not made clear if Gonzalez is currently incarcerated at either the Harlingen city jail or Carrizales-Rucker Detention Center in Olmito. The condition of the victim was not released as of presstime Tuesday.  Woman arrested on federal drug charges By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net LOS INDIOS - A Weslaco woman was arrested here on federal drug charges. U.S. Customs and Border Protection (CBP) officers arrested 24-year-old Bonita Garcia, a U.S. citizen of Weslaco after discovering nearly $100,000 worth of marijuana hidden within the tires of the truck she was driving. At the Los Indios International Bridge on Nov. 1, 2009, CBP officers working primary operations encountered a black Ford F-150 driven by Garcia, read a CBP press release. “CBP officers referred Bonita Garcia for a secondary inspection. In secondary, CBP officers discovered discrepancies to the tires of the Ford. `Gator,' a narcotic detector dog, further alerted officers to the odor of narcotics emanating from the Ford F-150,” the release read. “A non-intrusive imaging system (NII) indicated anomalies within the tires of the pickup.” What CBP officers found next were 12 metal containers affixed to the tires, in which 24 packages from within the metal compartments were removed. The packages contained over 74 pounds of marijuana with an estimated street value of over $74,000. CBP officials reported that Garcia was arrested and turned over to the custody of U.S. Immigration and Customs Enforcement (ICE) special agents, who investigated the seizure and processed the driver on federal drug charges. “Arrests and seizures this holiday weekend show the commitment our CBP officers have in protecting our nation. Brownsville CBP officers make a difference each and every day. Our safety and the safety of our country are attributable in no small part to the inspections and enforcement work our officers do. These were good arrests and a good interception of narcotics, great job by all involved,” said Michael Freeman, CBP Port Director in Brownsville. Editor's Note: U.S. Customs and Border Protection (CBP) is the unified border agency within the Department of Homeland Security charged with the management, control, and protection of the nation's borders at and between the official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.  Five new Miss San Benitos crowned at pageant By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Dub this pageant a coronation. On Oct. 18, five competitors in Starz Productions “Miss San Benito” pageant were crowned with various titles. The new Resaca City royalty includes 18-year-old Melissa Carrizales, who won Miss San Benito 2010. The daughter of Pedro and Oralia Guerrero, Carrizales is currently a freshman at the University of Texas at Brownsville. Crowned Miss San Benito Teen was Kristian Martinez, the 13-year-old daughter of Emilio Balli and Belinda Martinez. Kristian is an eighth grader attending Berta Cabaza Middle School. Then there was Carlie Harris, who was named Miss San Benito Pre-Teen. She is the 12-year-old daughter of Michelle Jackson and is a sixth grader Miller Jordan Middle School. Winning Little Miss San Benito was eight-year-old Zaralegui Guzman, the eight-year-old daughter of Cesar Hernandez and Veronica Guzman. Zaralegui attends Ed Downs Elementary School. Lily Marroquin, the three-year-old daughter of Arturo and Monica Marroquin, was crowned the first Tiny Miss San Benito. Narce Reyes of Starz Productions said the competition consists of an interview, personal on-stage introductions as well as fashion and formal wear. “The girls brought to the competitions their intelligence, beauty, confidence, poise and energy,” Reyes stated in a press release. “Serving on the experienced panel of judges were Vanessa Reyes of Weslaco, Dina Tunberg of McAllen and Lupita Talbert of Weslaco.” Moreover, Reyes wished to credit the San Benito Consolidated Independent School District, Superintendent of Schools Antonio G. Limón as well as the Berta Cabaza Middle School and principal Mr. Snavely supporting the event. “Also, a warm thank you to all the other secondary and elementary principals who allowed us with open doors to promote this event,” Reyes added.  Hit-and-run suspect arrested in San Benito By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A man suspected in a Harlingen hit-and-run incident was arrested in San Benito on Tuesday after he crashed into a guardrail on Expressway 83. According to Lieutenant Michael Galvan of the San Benito Police Department (SBPD), 25-year-old Joel Peña of Harlingen was arrested Oct. 27 after he crashed his blue Honda Civic on the Expressway 83 overpass near the Sam Houston Boulevard exit. The incident occurred at approximately 1:30 p.m., moments after Peña was allegedly involved in a hit-and-run incident in Harlingen. Although Harlingen police were not in pursuit of Peña, Galvan said it was likely that the suspect was rushing to get as far away from the scene of the hit-and-run as possible. Moreover, the lieutenant said that prior to Peña's arrest, a strong odor of alcohol emanated from the man's breath; that coupled with slurred speech and the inability to keep his balance led San Benito police to believe Peña was driving drunk. “Apparently he (Peña) was intoxicated and did a hit-and-run in Harlingen. He was trying to get away and, while in San Benito, was about to miss his exit. He didn't realize it was his exit and went all the way from one side of the expressway to the other, hitting the guardrail at least three times,” Galvan reported. Police further reported that Peña refused taking a breathalyzer test and was described by authorities as being “extremely combative and uncooperative.” Peña was placed under arrest and charged with DWI (driving while intoxicated); he remains incarcerated at the San Benito police station, where he will await arraignment Wednesday, Oct. 28. Furthermore, Galvan said Harlingen police may soon obtain a warrant for Peña's arrest in the hit-and-run.  Missing child incident prompts school to fine-tune safety measures By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito Consolidated Independent School District (SBCISD) officials have implemented additional safety measures to prevent students from leaving school during class, this after a third grader walked off campus on Thursday, Oct. 22. The student in question attends Sullivan Elementary School on 900 Elizabeth St., a SBCISD press release read. According to the release, the student asked to use the bathroom at approximately 10 a.m. The teacher then informed the principal that the child had not returned, thus issuing a “Code Blue.” “Code Blue was initiated to keep students and teachers inside the classrooms while officials searched the school for the student in question. Leaders at the school immediately notified school police as well as the child's parents,” the release further read. Superintendent of Schools Antonio G. Limón said students are usually accompanied by another classmate when using the bathroom, this as part of the district's buddy system. Limón said this was not the case on Thursday, however, when the third grader went missing. After school officials were informed that the child had walked to her grandparent's home, which is located two blocks away from the school, Limón said “appropriate measures” were implemented to prevent such an occurrence from happening again. “That campus already has the buddy plan, whenever a child goes to the bathroom they go with a friend. We're going to make sure to secure all gates and that they're locked, especially those in the construction area, and also continue to implement the buddy system where two children are allowed to go to the bathroom,” Limón said. School officials stressed that the student who walked to her grandparent's house was “never in any immediate danger” and “found to be safe …”  City grid system adopted to increase efficiency Special to the NEWS A new grid system to chart the course for a cleaner and better-regulated city is being implemented in San Benito. Everything from street paving and repairs, to code enforcement, mowing, installing missing traffic signs and street sweeping will be planned and executed in the “efficiently designed network,” according to City Manager Manuel Lara. The grid is mapped-out in 22 structured quadrants within the city limits. Specialized city crews will tackle the targeted grid, sweep through its streets to make assessments for needed repairs and upgrades. And in some instances where ordinance violations exist, officials may issue citations for citizen non-compliance. “This measure allows crews to really get into the heart of the city and see what is going on, and it permits us to efficiently capture an overall view of what needs to be done to upgrade our community,” Lara said. For example, a work crew assigned to city signage will first go in and make an assessment and inventory of what is needed. They will order all needed signs and hardware and return at a later date with everything required to complete all repairs “quickly and efficiently.” “Then, they will move on to the next designated grid,” the city manager said. In the case of street maintenance, “We will mobilize the big and heavy equipment which will remain in the grid until all repairs are completed. In the past, they have gone in and repaired two or three blocks when the whole street needed attention. They will stay until the work is finished, he said. “Even within the street department, there will be areas of expertise. The street maintenance crew will include concrete specialists who will be the first on the scene to repair or replace all curbs, gutters and sidewalks. There will be a preventive maintenance team which does seal-coating, another that deals with major upgrades. This helps to prolong the life of the streets and protect our investment. When their work is done, they move on,” Lara said. “The benefit is that specialized crews know their jobs. It is an organized way to conduct an effective maintenance program,” he said. “A crew has been shifted from Parks to Streets and is responsible for maintaining Stookey Park. It involves everything from the grounds, to the gates, fields, concession and restrooms. It is up to them to do immediate preventive maintenance and upgrades at that city facility,” Lara said. That same philosophy is being implemented for each specialized crew working the grid. “It is designed to make each individual employee responsible for his own task, so that he can take pride in improving it. I want our workers to share the pride of their work. It is self-motivating for the employee and it provides the City with an improved image,” he said. Code Enforcement measures are also being beefed-up due to structured efficiency. The three-man team works the area just cleaned monthly of brush and debris by Allied Waste. “In addition to ensuring that neighborhoods are free of long-standing debris, we do spot checks to make sure Allied Waste is doing the job the city is paying them to do,” said Code Enforcement Coordinator John Rodriguez. “In the past we would be running all over the city. Now we do a sweep of the brush-collection zone street-by-street to make sure everyone is in compliance. It is making for a cleaner, more beautiful city,” he said. “We are beginning to see the ratio of complaints coming down and our self-initiated calls going up,” Rodriguez added.  Wife says constable threatened her By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net BROWNSVILLE - The wife of a Cameron County constable said she filed a protective order against her husband because she felt threatened by him. “I need a temporary protective order against my husband because of his threats and his ability to go through with them,” said Susan Lopez about her spouse, Precinct 4 Cameron County Constable Robert Lopez. Susan Lopez made the statement after her civil suit/divorce hearing was held in the 107th Judicial District Court in Brownsville on Friday, where Constable Robert Lopez was being represented by attorney and former Cameron County Judge Gilberto Hinojosa. Hinojosa said retired Court of Appeals Judge Fred Hinojosa (no relation) was the presiding justice since 107th judge Benjamin Euresti, Jr. recused himself from the proceedings. Although Susan Lopez would not go into specifics regarding Robert Lopez's alleged threats, stating only that the judge did indeed grant her a protective order, Hinojosa claimed that there has been “no finding of family violence or evidence of that.” “It's just a mutual agreement for both parties to stay away from each other,” Hinojosa said when asked why Susan Lopez requested the protective order. “The judge ordered mutual injunctions so the parties could stay away from one another, because this is not a friendly divorce as is the case many times.” Hinojosa went on to say that the matter has been “very emotional” in which “allegations have gone back and forth.” “This (protective order) is so everybody just stands back and stays away from each other, and to keep it that way until the final divorce occurs on Dec. 21,” Hinojosa said. Attempts to gain comment from Robert Lopez were unsuccessful as of presstime. The News has filed open records requests under the Freedom of Information Act with the Harlingen Police Department and the Cameron County Sheriff's Department to obtain any reports that were filed by Susan Lopez against her husband.  Man throws drugs on police car By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Authorities said it wasn't the smartest move. A San Benito man who led police on a high speed chase on Tuesday allegedly tossed bags of ecstasy pills outside his car window, hitting the windshield of a police officer in pursuit and thus tipping off authorities as to why the suspect was on the run during what should have been a routine traffic stop. It all started after midnight on Tuesday, Oct. 20, when officer Mario Perea of the San Benito Police Department (SBPD) observed a 2000 yellow Jeep traveling at a high rate of speed and heading southbound along the 600 block of North Sam Houston Boulevard. “The officer thought it was going to be a regular traffic stop, but the driver didn't want to stop, and it turned into a pursuit. The suspect made it to the expressway, driving toward Harlingen and picking up speed between 80-90 mph,” said SBPD Lieutenant Martin Morales. It was at this point that the suspect, identified as 19-year-old San Benito resident Ruben Delgado, allegedly threw plastic bags outside his car window. “They hit the windshield of the patrol car in pursuit, and as it turned out the bags were filled with some pills, which were later determined to be ecstasy,” Morales said. Furthermore, Morales said police observed two female occupants traveling in the Jeep. Authorities said the women appeared to be discouraging the suspect's actions and were unwilling participants in the chase. “According to the officer's report, it looked like they didn't want any part of it and tried to convince driver to stop,” Morales said of the women. Delgado eventually pulled over on the overpass of Stuart Place Road in Harlingen; authorities believe the female passengers may have convinced the driver to stop. Police then placed Delgado under arrest, and after searching the vehicle, more ecstasy pills were located in a green plastic container on the driver's side floorboard. There were 21 pills in total that were confiscated, police reported. Delgado, who was also wanted by the Cameron County Sheriff's Department for possession of a controlled substance, was charged by San Benito police with evading arrest in a motor vehicle, tampering with physical evidence and possession of a controlled substance. Delgado's bond was set at $15,000 for each charge, totaling $45,000 bail. The female occupants of the Jeep were not arrested or charged with a crime. Delgado, meanwhile, remains incarcerated at Carrizales-Rucker Detention Center in Olmito.  Tamalada held at church in observance of Hispanic Heritage By STEVEN RAY HERNANDEZ Special to the NEWS HARLINGEN - The smell of freshly cooked tamales danced in the air to the tunes of Vicente Fernandez this past Wednesday, Oct. 14, at the Saint Alban's Episcopal Church and School's cafeteria. It was the last day of Hispanic Heritage Month and students capped things off with their very own Tamalada. “I've seen a very enthusiastic response … the kids are really eager to learn about the culture,” said parent volunteer Evelon Dale, who helped coordinate the events at the church. Students spent the entire month studying about the lives of many influential Hispanics from the past to the present. “The whole month we've had speakers come on Fridays and talk to us about their life,” said fourth grader Sarah Flores, adding that the lunch Tamalada was her favorite part of the festivities. State Representative Eddie Lucio III, State District Judge Migdalia Lopez, Attorney Dolores Zarate and members of Lupita's Robozo shop were amongst the speakers who participated. Every class joined in with their own particular activities, including art, music and history. “In our class, we individually did reports on famous Hispanics that contributed to America, like George Lopez and Jay J. Armes,” said fifth grader Andrew Hoelscher. Another person studied much throughout the month by students was Frida Kahlo, a famous Hispanic painter from the early 1900s. In fact, students decorated the entire cafeteria with self-portraits as a tribute to the work of Kahlo, who once said, “I paint myself because I am often alone and I am the subject I know best.” Saint Alban's Episcopal Teacher Betty Reyes said that this has been a very important month for the school and for every single student. “I wanted them to learn and be proud of the heritage, even if they're not Hispanic,” she said. “It's such a fun culture and it's nice to have them be aware of it.” The month of celebration was just the first in a series throughout the year for the students, who will also participate in Native American Month, African American History Month, and Asian Heritage month.  Proyecto aids abused women Editor's Note: The following was written in observance of Domestic Violence Awareness Month (October). By JACOB LOPEZ Special to the NEWS HARLINGEN - Rogelio Nuñez's goal is to make life livable to those who want to live in the United States without the fear of deportation. Proyecto Libertad, located on 113 N. 1st St. in Harlingen, is an organization that services the entire Valley and is headed by Nuñez, who is the director of the operation. “Most of what we do, 90 percent, is helping women who are victims of domestic violence,” he explained, adding that domestic violence runs rampant in women who are not US citizens because they are afraid to go to the authorities. “There are ways to get citizenship, and people do have rights.” They are rights Nuñez said many people are not aware they are entitled to, noting that the organization works with immigrants who “sometimes don't have documents here but still have laws that protect them.” Proyecto Libertad also provides legal services to consult people and help them obtain citizenship. “Many of those (undocumented) immigrants have been here for more than five years,” he said. “There are 15 million Mexican immigrants who have no documents. If you don't remedy that, they are picked up.” “We are not asking to be given things, we want to live without those fears,” Nuñez said about the population. “If you look at generations of immigrants, they have fought in past wars; they have paid their dues,” he added. According to Nuñez most immigrants are coming to the states for a better life, “to work and to improve.” In this case, it is safe to assume that the task at-hand is worth a lifetime of work for Nuñez, who has been with Proyecto Libertad for 22 years. He first became involved during his college years in the 1970s. “There was a strong push for civil rights then - the Chicano movement. I got involved with that and became active with people who were trying to improve the lives of Mexican Americans in the US,” he said of how he began his work. Once he was in college, Nuñez never stopped working for this cause. “It was just natural … it hit where it was supposed to,” he concluded. For more information on Proyecto Libertad, call (956) 425-9552.  Woman ejected in crash, driver arrested for intoxication assault By STEVEN RAY HERNANDEZ Special to the NEWS The first of two bad accidents on San Jose Ranch Rd. two weeks ago led to the arrest of a Harlingen man, charged with intoxication assault. At about 10 p.m. on Wednesday night, Daniel Rosales of Harlingen allegedly lost control of his 1994 Chevrolet Tahoe, flipping it over several times before the vehicle landed on its side. Ejected from the vehicle was his common law wife, who was taken to the hospital with several injuries. Before placed under arrest for intoxication assault, Rosales was initially trapped in the vehicle, until San Benito firefighters helped provide an exit path through the vehicle's front windshield. San Benito Police Officer Rogelio Banda said a toxicology report was pending on Rosales, who bonded out of jail the next day. Rosales was also charged with possession of a controlled substance.  Firefighters use `jaws of life' to extricate woman By STEVEN RAY HERNANDEZ Special to the NEWS An injured woman was trapped in her vehicle the evening of Friday, Oct. 16, after crashing into a railing off San Jose Ranch Rd. in San Benito. At the scene, firefighters rushed with every tool imaginable, hacking away at a Silver Ford Focus that sat shredded in the middle of the road. It was the second totaled vehicle the street had witnessed in two days. Inside the vehicle sat Kristy Trejo, who appeared helpless as she awaited rescue. Utilizing the “jaws of life” extrication tool, firefighters were able to pull Trejo from the vehicle and to safety. “This is like the third time in the last year I've seen an accident here,” said Roel Vasquez, who lives nearby. As of Friday night, it was not clear how severe Trejo's injuries were. The accident occurred at approximately 7:40 p.m.  Dr. Tewell succumbs to injuries By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Dr. Howard E. Tewell died Tuesday as a result of what authorities said was an apparent self-inflicted gunshot wound. As exclusively reported by the News, Tewell, 55, was found the morning of Oct. 6 unresponsive inside his vehicle, which was parked in a remote area on Pennsylvania Road near the intersection of Farm-to-Market (FM) 732 just outside San Benito. Tewell, who worked as a veterinarian at San Benito Animal Hospital since 1991, displayed a gunshot wound to the right temple, authorities said. Cameron County Sheriff Omar Lucio stated then that Tewell had allegedly traveled to the area “to shoot himself” using a .38 special. “He suffered from a self-inflicted wound and was airlifted to the hospital,” Lucio said. Motive has still not been established. His obituary read that Tewell, who leaves behind a wife and two children, was a graduate of Texas A&M University and of Texas A&M College of Veterinary Medicine. An avid photographer, fisher, hunter and surfer, Tewell had reportedly once received the Laguna Atascosa Wildlife Refuge Humanitarian Award and the Boy Scouts of America Leader Award; he also served as a member of the First United Methodist Church in San Benito. Tewell received his veterinarian's license on Aug. 22, 1980. Memorial services are scheduled at First United Methodist Church, located on 400 N. Sam Houston Blvd. in San Benito, at 3 p.m. Saturday, Oct. 10.  City brings bus service back By STEVEN RAY HERNANDEZ Special to the NEWS At a ribbon cutting celebration on Tuesday, Oct. 13, City of San Benito officials got a front row view of a wrestling match. At approximately 4:15 p.m. on Monday, a ceremony held in front of City Hall was shortly interrupted when local police officers tackled a resisting subject to the ground, utilizing a pro wrestling-like maneuver. According to San Benito Police Officer Guadalupe Ayala, 26-year-old Andrez Alfonso Lopez of Brownsville was in a hearing for contempt of court when he allegedly began to act disrespectful toward the judge. Ayala was then ordered to arrest Lopez, who hurried out the building yelling several obscenities. “I tried to talk to him nicely, but he just didn't want to go to jail,” Ayala said. “He wouldn't let me get close to him to make the arrest, so I just waited for backup.” Meanwhile, Lopez continued his tantrum-like romp around the city hall lawn, while city officials watched in disbelief just a few feet away. Among the spectators was Mayor Joe H. Hernandez, who had visitors from the Lower Rio Grande Valley Developmental Council (LRGVDC) attending the disrupted ceremony. “I told the (LRGVDC) director that we staged the incident so he can see what a fine job our officers do,” Hernandez said jokingly. A couple minutes later, two more officers arrived and finally brought Lopez to the ground, eventually arresting him. “When he went down, he was still resisting arrest, so that's why we had to use the OC (pepper) spray,” Ayala added. After the incident, city officials resumed the ceremony for the new bus service now available here. Officer Ayala said charged would be filed against Lopez for resisting arrest.  Annual Homecoming Parade scheduled for Nov. 5 By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net This year's San Benito High School (SBHS) Homecoming Parade is scheduled Thursday, Nov. 5 beginning at 5:30 p.m. The event is to be sponsored by the SBHS Student Council, which will benefit from the funds accumulated in entry fees. Those wishing to participate in the parade must submit entry forms no later than Friday, Oct. 30. According to a San Benito Consolidated Independent School District (SBCISD) press release, the parade route will begin at the corner of Brooks and Sam Houston and end at the corner of North Sam Houston and Adele. Immediately following the parade will be a community-wide pep rally to be held at the old Greyhound Stadium, where the burning of the letters “SB” will also commence. For more information, call Alfredo Gonzalez via email at alfgonzalez@sbcisd.net or sbstuco@gmail.com or call him at (956) 361-6500. The San Benito Greyhounds are scheduled to go toe-to-toe against the Brownsville Rivera Raiders at Bobby Morrow Stadium during homecoming week. The game is slated for Friday, Nov. 6 at 7:30 p.m.  Two teens arrested after five cars reported stolen By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Two San Benito teens are behind bars after a night of joy riding in stolen vehicles, police said. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said 17-year-old Marco Valencia and a 15-year-old male, both of San Benito, were taken into custody Thursday, Oct. 8 for allegedly stealing at least five vehicles from throughout the city the evening prior. The juvenile, however, has admitted responsibility to taking only one car, Morales added. It all began at approximately 4:30 a.m. Oct. 8, when Morales said an SBPD officer pulled over a 1994 red Ford Mercury that appeared to be operated in a reckless manner while traveling northbound on the 500 block of South Sam Houston. The officers topped the vehicle on the 100 block of North Sam Houston and discovered that the driver was a 15-year-old male. It was then that the juvenile admitted to police that the vehicle was stolen. “He (juvenile) wasn't being interrogated or questioned, he was just responding to regular questions that an officer would make during a traffic stop,” Morales said, further noting that the suspect allegedly said he took the vehicle from the 100 block of Woodford after noticing that the door was unlocked. “He said he didn't need the key to start it because it had a faulty ignition, and he went on to tell us that his buddy Marco Valencia had also stolen a van,” the lieutenant added. Two hours later at about 6:30 a.m., SBPD officer Juan Velez discovered an abandoned 1994 red Ford Aerostar van parked on the 1000 block of East Frontage. Upon approaching the vehicle, Morales said Velez noticed a teenage subject, later identified as Valencia, standing near the van. The suspect then fled on foot upon noticing the officer in the area; he was not located by authorities at the time. Investigation later determined that the van was taken from the 1100 block of South McCullough. Then at 7:47 a.m., a resident of the 300 block of South Crockett reported a 1992 blue Chevrolet Blazer stolen. Approximately 20 minutes later, a 1984 white Pontiac 600 was also reported stolen from the 500 block of Hull Street. However, the Pontiac was recovered 24 minutes later; it was found abandoned in an empty lot on the 1200 block of Fresno. The Chevy Blazer was not found until 9:27 a.m., when Morales said employees of the San Benito Wal-Mart alerted police to a suspect that store security had detained for attempting to take over $500 of merchandise without paying. The suspect in question, Valencia, drove to the store in the Blazer, which was recovered by police from the Wal-Mart parking lot. Valencia, meanwhile, was arrested for the car thefts, to which police said he has been tied to at least four. Although two suspects were in custody by that point, the day's events did not conclude until 10:30 a.m. - that's when San Benito police were alerted to another stolen vehicle reportedly taken from the 1400 block of Ebano. This time it was a 1995 blue Ford pickup that was stolen. Morales said police have reason to believe Valencia was involved in the theft of the pickup as well. “Remember that a total of five were stolen that we know of, and maybe there are some people who don't even know their vehicles were stolen yet for whatever reason,” Morales stressed. “From what we understand, these teens went joy riding with no real intention of keeping the cars, and it all occurred Wednesday evening.” Valencia and the 15-year-old male were awaiting arraignment as of presstime Friday. Meanwhile, San Benito police continue looking for the stolen pickup.  Video voyeur gets eight years By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The lead investigator in the case that put away registered sex offender Jose Trinidad Sauceda, the man who on Friday pled guilty to nine counts of improper photography/visual recording, expressed displeasure in the sentencing. Sauceda, 48, was sentenced to eight years in prison for videotaping young girls - some underage and nude - while they were using the bathroom at Mid-Valley Academy, which is located on 1785 W. Business Highway 77 in San Benito. On Dec. 5, 2008, an academy student, while using the bathroom, reported hearing and seeing a camera inside a vent above the toilet. Investigation by San Benito police later uncovered that Sauceda, at the time an employee of a Harlingen-based air condition company, was a registered sex offender and often visited the academy under the guise of conducting air condition maintenance. Based on evidence compiled as well as witness testimony, Sauceda was arrested the morning of Dec. 10, 2008, and has since remained incarcerated at the Carrizalez-Rucker Detention Center in Olmito on $150,000 bond. However, Lieutenant Martin Morales of the San Benito Police Department (SBPD) argued that Sauceda's eight-year sentence was an “injustice,” further citing Sauceda's prior conviction of aggravated sexual assault of a child. “That was justice on the part that he got convicted, but it was an injustice as far as the time he got for what he did. The amount of time he got doesn't fit what he did. He (Sauceda) violated the privacy of 10 young ladies at a moment when it was one of the most private times that you would want. They were violated. That's up there in the category of sexual assault. They were humiliated,” Morales said. “The punishment does not fit the crime, but that's what the justice system felt he deserved, and I guess the dice rolled on eight.” Dr. Daniel Garcia, Mid-Valley Academy Director, concurred with the lieutenant's sentiments. “I feel that it (sentence) should have been a lot longer. What I am thankful for is that we didn't go to trial, because that would have put our girls through what, I feel, would have been a hardship. It would have added insult to injury,” Garcia said. “But I'm not pleased with the sentence at all. He might get out and do it all over again.” As a result of the incident, Garcia confirmed that all visitors are now screened before entering the campus.  Tax rate election canceled By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito Consolidated Independent School District (SBCISD) Board of Trustees voted Friday night to cancel the Nov. 3 tax ratification election. On Sept. 25, school board members approved to rescind their previous action from a month ago that ordered the election, which was called to reallocate 13 cents from the district's interest and sinking (I&S) fund to maintenance and operations (M&O). The result of which district officials said would generate an additional $6.8 million to fund a six-percent pay raise increase for district employees, debt payments, instructional technology, fuel and utility costs, supplies and materials, maintenance expenses as well as addressing “rapidly increasing” operational costs. This will still be the case, however, as SBCISD Superintendent of Schools Antonio G. Limón said administrators discovered the election was not necessary to make the 13 cent shift from the I&S to the M&O fund. As a result, board members also moved to approve the transfer of monies and a revised compensation plan that secured money for employee raises. Board trustees Oscar De La Fuente, Jr. and Yliana Rodriguez voted against the latter measure, citing that although they support employee raises, they would have rather tabled the item to continue discussions on the compensation plan. SBCISD Business Manager Emma McCall said that the superintendent, based on an attorney's opinion, proposed to cancel the tax ratification election and allow the trustees to transfer the funds themselves, stating further that the election was not required due to the reallocation of pennies not increasing the current tax rate, which stands at $1.3049. “We got an attorney's opinion that we didn't need to have an election because we're not trying to raise the overall tax rate, and it's certainly not going beyond the rollback rate because we're leaving it the same,” McCall said. “Based on the attorney's opinion we don't need an election. It will save us time and confusion with the taxpayers.” She said the same was done back in 2004 when the district had a bond election. The tax rate then was to increase by approximately seven cents. McCall added, “When I came on board in August (of 2004), we had trouble balancing the budget. I said we could move some of the pennies from the I&S side and put it on the M&O side and give us more money to balance the budget and still make our debt service payment. I talked with Mr. Limón about it and had Region One look at it and make sure we were doing it right, and basically that's what we're doing now.” Furthermore, McCall said an “urban myth” that spread some years back about school districts needing to hold a tax rollback election if the rate was to go beyond $1.04 prevented SBCISD administrators from conducting such transfers. “So like everybody else, we believed the urban myth and never tried to move money over again. But now that we found out, according to this attorney who is certainly very knowledgeable, that it is not a problem as long as you're not going back beyond your tax rollback rate, then we don't have to have an election. In fact, she (attorney) said we have no authority to have an election,” McCall said. The attorney in which McCall was referring to is Judy Brown of Walsh, Anderson, Brown, Aldridge and Gallegos, P.C., a law firm with offices in San Antonio, Austin, McAllen and Brownsville. “They are the `big boys' and experts when it comes to these type of things,” Limón said about the firm, adding, “For us to be able to set it (13 cent transfer) without having an election would save the money it would have cost us to have the election. So we'll go ahead and set it now (Friday).”  Three busted for stealing from car wash By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Three suspects in the burglary of vacuum cleaning machines in the Harlingen, San Benito and Los Fresnos areas were arrested Wednesday. According to Lieutenant Martin Morales of the San Benito Police Department (SBPD), Mercedes residents Jose Luis Moreno, 21, Jose Casimiro Gonzalez, 27, and Raquel Vasquez, 36, were apprehended by Harlingen police shortly after 3 a.m. on Sept. 23. Morales said the suspects were allegedly seen tampering with the vacuum cleaning machines at Clean Machine in San Benito, located on the 1000 block of W. Highway 77. A maintenance man reportedly spotted the activity while driving to work at 3 a.m. The lieutenant said employees of Clean Machine sometimes arrive to work early since the establishment has been burglarized in the past. “He drove up and caught them in the act, and once they realized someone just saw them, they got in their vehicle and fled. But he was able to get a description of the vehicle they were driving and their license plates including their last known direction of travel,” Morales said, noting that the information provided by the Clean Machine employee was all authorities needed to locate the suspects. “HPD (Harlingen Police Department) officers stopped them moments later on the corner of South Frontage and “F” Street in Harlingen. They notified us that they had the vehicle and suspects in a traffic stop and turned them over to us,” Morales added. At that time, Harlingen police were not aware that another car wash establishment in Harlingen had been hit as well, allegedly by the same group of suspects, SBPD officers said. When apprehended, Morales said $430 in quarters inside plastic bags was found in the suspects' vehicle; at least $150 of the money was from the Clean Machine in San Benito. After further investigation, it was discovered that five machines had been burglarized. “They (suspects) cooperated and admitted hitting some car washes in Los Fresnos and Harlingen before the one here in San Benito, and they've been arrested before for doing the same thing in Hidalgo County,” Morales said. “They target one specific area and ride around until they make their move.” During their arraignment Thursday, Sept. 24, Moreno, Gonzalez and Vasquez were each charged with five counts of burglary of a coin operated machine. At $25,000 a count, the three suspects' bonds were set at $125,000 each.  Arcade security guard admits involvement in robbery By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito man hired to protect an 8-liner arcade has now been accused of helping to rob the establishment early Tuesday morning. According to Lieutenant Martin Morales of the San Benito Police Department (SBPD), a female employee of The Game Room, an arcade located on 682 E. Stenger St., was robbed at gunpoint. Morales said the events unfolded as the employee was being escorted out of the establishment by a security guard at approximately 12:30 a.m. Sept. 29; she had with her a bag filled with approximately $8,000 in cash. That's when a male subject accosted the woman and pointed a handgun at her, demanding the bag of money. He then fled the area on foot. Morales confirmed the identity of the suspect believed to have been the perpetrator in the robbery; his name is Arturo Rios, a 22-year-old resident of the 200 block of South Milam Street in San Benito. However, police believe the security guard, identified as 21-year-old Ruben Rios, and 22-year-old Robert Reza were allegedly involved in the robbery as well. “This is how it went down: Arturo, Robert and Ruben all got together and planned this out. They made a plan to where they were going to stage a robbery for the purpose of stealing the money from the arcade,” Morales said, adding that when Ruben was hired as a security guard for the arcade, he knew the amount of money being generated there and specifically the amount of money the female employee was going to have in her possession. Consequently, the lieutenant said that with Ruben acting as an escort, the plan was for him to send a text message to Arturo, letting him know when they close. “Once the female employee and Ruben were outside the business, locking the door, Arturo came from around the building brandishing a handgun, and he said, `Give me the money!' The female employee, who had the money in a black purse-looking bag on her shoulder, was knocked down to the pavement and the bag was forcefully taken. Meanwhile, Ruben was acting like a victim,” Morales said, noting that information regarding the entire plot was voluntarily given to police by Ruben Rios, who the lieutenant said admitted to his involvement. Ruben was arrested by San Benito police and remains in custody after being charged Tuesday with aggravated robbery and criminal conspiracy. In the meantime, police continue searching for Arturo Rios and Robert Reza. “Even if Robert wasn't physically there, we're still charging him because he took part in the planning stage and how it was going down,” Morales added. Those with information regarding the whereabouts of Arturo Rios and Robert Reza are encouraged to call the SBPD at (956) 361-3880.  $4 million to go toward West Rail Relocation By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The Cameron County West Rail Relocation project just received a $4 million push courtesy of the Federal Railroad Administration (FRA). According to an FRA press release, the local project will receive $4 million of $14.3 million allocated to seven rail line relocation and improvement projects throughout the country. Of the other projects awarded monies, which included railroads in Pennsylvania, New York, New Jersey, North Carolina and Washington, the Cameron County initiative received the most funding. Cameron County Judge Carlos Cascos released the following statement in response to receiving the monies: “This critical funding will help close the current funding gap on the estimated total amount for the construction of the new rail bridge.” Through various funding sources at the federal, state, local and private levels, the county has been able to obtain $30 million for the construction costs associated with this project, read a Cameron County press release. “This award of $4 million will allow us to go to construction with the necessary funding in place,” Cascos further stated in the release. To have been eligible for the FRA grants, projects must involve a lateral or vertical relocation of any portion of the rail line or is carried out for the purpose of mitigating the adverse effects of rail traffic on safety, motor vehicle traffic flow, community quality of life, or economic development, the release read. According to the FRA, the grants will provide funding for communities to relocate or make capital improvements to rail lines as a means of ensuring safety precautions and to “increase the benefits of the line for local communities.” In the past, county commissioners as well as Judge Cascos have cited similar causes for the west relocation project. County officials further noted that, “Last fall, county officials traveled to Washington, D.C. to make a technical presentation to FRA officials prior to submitting an application for this program. After the visit, the county modified its request and subsequently submitted a detailed application for consideration for funding from the FRA.” Originally, the FRA grant program estimated $20 million in competitive dollars to be allocated to rail line relocation projects as over 50 applications were received from entities nationwide. The West Rail Relocation project will be the first international rail bridge project constructed along the U.S-Mexico border in over 105 years, according to the county. “It will primarily eliminate the existing rail line from the residential and downtown areas of Brownsville and Matamoros by improving traffic safety for all, reducing congestion and delays as well as improving mobility,” county officials stated. “The new rail bridge will also improve the ability for trains to cross at all hours eliminating the current three to six hour delays where trains are not allowed to cross during peak travel times in the morning and afternoon.” “Safety is our number one transportation priority,” said Transportation Secretary Ray LaHood. “Funding for these projects will reduce the risk of train derailments through track rehabilitation and help avert highway-rail grade crossing collisions by moving tracks to less densely populated areas.” Precinct 3 Cameron County Commissioner David A. Garza said funding for the county's North Rail Relocation project, which includes the Harlingen-San Benito area, also received $4 million in federal stimulus funding as per MPO allocation. “We also applied for a TIGER grant that we're awaiting word on to close that funding gap as well,” Garza said.  Parks post eliminated By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net City of San Benito officials announced Friday the restructuring of the parks department, action that calls into question the employment of the current parks coordinator. According to City Manager Manuel Lara, the parks coordinator post currently being held by Romeo Garza has been eliminated to make way for a parks and recreation director position. The change will go into effect come Oct. 1, the start of the new fiscal year. Although Garza remains employed with the city, Lara said he was provided with an option to apply for the new position, acknowledging, however, that Garza may also choose to resign. Attempts to gain comment from Garza were unsuccessful as of presstime Friday as he is currently on vacation, according to city staff. “We want to grow the program and improve the quality of upkeep on the existing parks. We also want to promote other recreational activities for the community, and I would like to have someone who's capable of doing that,” Lara said regarding the move. “We need someone who's not only managing the budget but the staff and doing assessments and upgrades, proposing and working with the parks and recreation board and making recommendations to the board to do park improvements and new park facilities in the future.” For a city its size, Lara said San Benito is “very” limited with recreational facilities, further stressing the need to begin evaluating certain sections of town. “We want parents and grandparents to enjoy good quality time with their children at our parks. Good healthy growth is required because, from what I understand, the city only has Falligant Park, Landrum Park, Stookey Park, La Hermosa and the resaca,” Lara added.  Man to serve life in prison for murder By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net BROWNSVILLE - A Brownsville man was sentenced to life in prison on Thursday after he was found guilty of murdering an El Ranchito man in 2008, according to the Cameron County District Attorney's Office. On Sept. 17, DA's officials reported that 31-year-old Efrain Puente of Brownsville was sentenced to life in the Texas Department of Criminal Justice - Institutional Division. He was also ordered to pay a $10,000 fine. As previously reported by the News, Puente was charged with the murder of Francisco Losoya, 20, in May of 2008. Specifically, Puente was accused of stabbing Losoya nine times at a home in El Ranchito. “We are pleased with the jury's verdict and sentence,” stated Cameron County and District Attorney Armando R. Villalobos in a press release. “The juries of our county have consistently shown that crimes of violence will not be tolerated in our community.” The statement further read that the jury in the 357th Judicial District Court deliberated for over three hours before returning the verdict of life in prison. “This jury additionally considered the overwhelming evidence surrounding the circumstances of this murder, and found that Puente did not commit this crime under the influence of sudden passion,” the release read. Puente was indicted on March 25 of this year for murder, a first-degree felony, and found guilty on Wednesday, Sept. 16. Assistant District Attorneys Laurie Guerra and Juan Mendiola, who were representing the state, presented evidence on Monday, Sept. 14.  Police offer tips for those in abusive relationships By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net No means no. The anti-rape slogan once used in dispelling traditional views of sexual relationships between men and women was spoken Tuesday by Lieutenant Martin Morales of the San Benito Police Department (SBPD). Morales, who often investigates crimes dealing with sexual assaults and deviancy, said it is common for the SBPD to encounter situations in which a victim of sexual assault, often times women, fail to file charges against the aggressor due to the suspect being the victim's spouse. “Sadly, there are a lot of these cases, and once it finally surfaces in law enforcement we find it (rape) has been going on a long time. The victim just hasn't built up the courage to do anything about it,” Morales said. “They feel ashamed, they don't want anybody to know they've been abused, or they're in denial. They think, `What's the family going to think, what about the kids?' They put all those things as a priority over their well-being, their safety, and that's what's sad, because if you really and honestly care about yourself and love your kids, then you'll make sure you're in a safe environment.” Morales said authorities often learn of possible sexual assault activity occurring in a marriage or relationship when investigating other matters. The lieutenant said police could be at a residence investigating a disturbance or an altercation, perhaps a case of family violence or assault, when making such a discovery. “Say you end up making an arrest on the aggressor, and then you come to find out somehow there may have been even more to it than that, that there may have been some type of sexual abuse in nature and she's not saying. That's common,” Morales said. “At that time, the person will be interviewed and we'll ensure them that we can help them out and trying to protect them. It doesn't matter if you're a wife, a wife can be raped; they have the right to say no at any time.” “No means no, and your partner is supposed to respect that. It works the same way for males, if they don't want to, that's it,” the lieutenant added. In addition, Morales offered advice to those who may be in such a situation. He said, “You need to seek some type of help if you're going through an abusive relationship, because tensions will flare, and anger will make you do things that you're going to regret later. They think right now everything's okay, but once that anger kicks in, people don't think rationally. They let anger do the talking. Just know that there's help out there, all they got to do is come and ask for help. We'll go get you wherever you're at.” Police said it is imperative for a victim of sexual abuse or assault to immediately report the incident; the longer time has elapsed since the crime occurred, the more difficult it is for police to put together a case that could convict the perpetrator.  Engineer discusses water plant By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Despite City of San Benito officials touting for years the construction of a state-of-the-art, multi-million dollar water treatment plant, the engineer on the project said its predecessor once deemed obsolete has stayed in operation to accommodate for a vital piece of equipment not included in the new facility's design. City Manager Manuel Lara confirmed Friday, Sept. 11 the lacking of a generator at the new water plant, located on 1315 Turner Rd., which city officials said cost approximately $17 million to construct. Without a generator, the new plant has been open to electrical issues, including a week-long blackout last spring when lightning struck the plant, this after a few months of operation. “It was a money issue … always. It (generator) was pulled out from the program because, at that time, we had the old water treatment plant that has a generator to use as backup,” said Orlando Cruz of Cruz-Hogan Consultants, Inc., the engineering firm awarded the $32.4 million contract to build the new water plant as well as the Freddy Fender water tower and a new wastewater treatment plant. “It was an issue back then and was determined by (city) staff at that time and engineers,” Cruz added. Place 2 San Benito City Commissioner Jack Garcia expressed his displeasure with the situation, stating “… the whole idea of having the new water treatment plant was not to have the old one.” Cruz, however, disagrees. “That's not correct. The plan was to reduce capacity at the old treatment plant and always keep it in operation and to have two plants going. When the second phase of the new plant gets built, then that (old) plant would be decommissioned,” Cruz said. Lara said the cost of a generator at the new water plant would be around $800,000. In the meantime, the city manager said he's acquired the services of an engineer from outside the area to evaluate the electrical needs of the new water plant. “So we're going to have to test at least 12 months of power demands before we're able to size a more accurate generator for that (new) plant,” Lara said in a previous interview with the News. As previously reported by the News, such concerns come at a sensitive time for the citizens of San Benito as many have expressed displeasure with increasing water-wastewater bills, which have steadily climbed in price for several years as a means to pay for the $32.4 million water-wastewater treatment project. Approximately $17.9 million of the funds came from a NAD (North American Development) Bank loan. Mayor Joe H. Hernandez has sought the assistance of Congressman Solomon P. Ortiz's office in efforts to secure debt forgiveness from NAD Bank. This, however, is unlikely according to some city commissioners.  Board OK's Limón for another year By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito Consolidated Independent School District (SBCISD) Board of Trustees unanimously approved the extension of Superintendent of Schools Antonio G. Limón's contract on Tuesday. Limón's existing contract was extended another full year to June of 2012. “I'm very pleased that the board extended my contract and I'm happy to work for this district,” Limón responded when asked to comment on the school board's decision. “The district continues in its forward movement, and this is evident through campuses that are either recognized or exemplary.” According to Limón, the district has three exemplary campuses, nine recognized and four acceptable. SBCISD's preliminary accountability rating for school year 2008-2009 was “Academically Acceptable,” this according to the Texas Education Agency. Although a raise did not accompany his one-year extension, the superintendent said he is one of many non-teaching professionals employed with the district who will receive an across-the-board two-percent raise. For Limón, that equates to a $3,000 raise of an annual salary set at $149,800. “He's doing a good job. The scores have improved, and we felt like he was worthy of a one-year extension,” noted SBCISD Board Member Bob Tumberlinson on Limón's job performance. Fellow trustee Oscar De La Fuente, Jr. concurred. “I think he wanted an extension, and I think he deserved an extension. He's taking the district in the right direction and was instrumental in the passing of the last bond election. He also got the bonds sold before the market collapsed due to diligence and hard work. Mr. Limón is very dedicated, he's got a plan for the district to move us up, and he's a good man and a good parent,” De La Fuente said, adding, “Mr. Limón has a daughter who goes to San Benito schools, so obviously he has a vested interest in the way the district teaches its children, and it shows.”  Mayor: `Let me decide' on reelection By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net With city elections not scheduled until 2011, this as a result of the new three-year terms implemented last year, it might be considered a bit awkward by some pundits to already engage in political dialogue. But this is not the case for San Benito Mayor Joe H. Hernandez, who expressed concern Friday, Sept. 11 with “rumors” - as he called it - regarding a possible reelection campaign. According to the mayor, “lies” have been spread throughout the city regarding his future as mayor and whether or not he will run in 2011. “There's been a lot of talk about whether or not I'm going to run; some people are coming up to me saying that they're hearing I'm not running,” Hernandez said. “A lot of people have been asking from day one that I got elected to a second term, and now I've been hearing it again. So I want it to come from my mouth and nobody else's.” Although Hernandez did not confirm to the News if he will indeed run for reelection, the mayor stressed that he has made no indication of any intentions to step down from his mayoral seat come the '11 political season. “When the time comes, I will announce, whether I will or not,” he said. “I just wanted to let people know that it's not true what they're saying about me, that I've already decided not to run. I haven't made any announcements yet. The election is not even until almost two years from now.” Still, Hernandez said “no promises” have been made regarding a potential run for reelection. “At this point, I think I should be there another term, but until then, the decision will be mine,” he said.  Annual Conjunto Fest slated Oct. 23-25 By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Right around this time of year, hordes of conjunto music fans from the surrounding area and from as far north as Canada come to the Resaca City to enjoy three days of song, dance and, of course, food. The event is called the Narciso Martinez Conjunto Fest, and, without fail, it is attended annually by thousands of people during Diez y Seis de Septiembre … except this year. The 2009 event will not be held until October, according to event organizers, in order to avoid September showers and avoid the threat of potential hurricane activity. Rogelio Nuñez, cofounder of the Narciso Martinez Cultural Arts Center in San Benito and one of the organizers of the event, said a lesson learned from last year led to such a decision. “As you recall last year, we had Hurricane Ike that was sitting in the middle of the Gulf not knowing where to go, and we had to make a decision to pretty much say we're going to cancel it (Conjunto Fest) and not interfere with the safety and security of people from the area and those traveling to the event,” Nuñez said. “It was in the best interest of safety and security that we moved the festival to October. We had a two-day event, and fortunately we got most of the groups who were scheduled to perform in September to come back. It worked real well.” Observing an active thunderstorm season this year, as well in years past, has also played a factor in the festival being held a month later than normal. “In previous years, we did not have any major rainouts, but there was one time we had to close on a Friday night or close out early Saturday. So it's been raining in the month in September, and we thought it was another reason to go to October … out of hurricane season and with no rain expected,” Nuñez explained. The 2009 Narciso Martinez Conjunto Fest has thus been scheduled for Oct. 23-25, Friday-Sunday with some groups already confirmed to attend. They are the Garcia Brothers, Los Texmaniacs, Bene Medina, Los Dos Gilbertos, and Los Donneños, including much more. “It's all worked out,” Nuñez added.  Teen locked up for tagging house By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito police continue to focus on curbing graffiti in the city, this time by apprehending a 17-year-old male accused of tagging an abandoned structure According to Lieutenant Martin Morales of the San Benito Police Department (SBPD), Marco Antonio Valencia, 17, of San Benito was arrested Thursday, Sept. 3 on graffiti charges. Morales said a witness observed Valencia allegedly causing hundreds of dollars worth of damage by spraypainting gang-themed graffiti on an abandoned home located on the 1400 block of Fresno Street. “Someone from the neighborhood called it in and said, `Hey, there's a kid out here tagging a house.' So (SBPD) officer Joe Ledesma patrolled and spotted the suspect, who was later identified as Marco Antonio Valencia and apprehended him without incident,” Morales said, adding that Ledesma observed Valencia riding a bike on the corner of Alamo and 8th Street before making the arrest. Valencia was charged with graffiti, a class `B' misdemeanor punishable by probation or serving six months in county jail. In this case, Valencia is currently incarcerated at Carrizales-Rucker Detention Center in Olmito on $10,000 bail. “They usually start out with minimal punishment, because a lot of things are taken into consideration, such as a past criminal record. But he's dealing with an adult system now,” Morales said about Valencia's.  Suspect in Stripes robbery apprehended By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito man wanted in the aggravated robbery of a local convenience store was arrested Wednesday, Sept. 2, according to police. Lieutenant Martin Morales of the San Benito Police Department (SBPD) reported the apprehension of 43-year-old Jose Ruben Saucedo, the suspect in an Aug. 30 aggravated robbery of a Stripes convenience store located on the 300 block of South Sam Houston Boulevard. Armed with what he described as a “fillet-type knife,” Morales said Saucedo allegedly held up the store for approximately $191. It all started a little after midnight early Sunday morning, when the Stripes clerk informed police that a male subject entered the convenience store to buy a 12 oz. can of beer. The man entered the store a second time to purchase another beer using a debit card; the transaction, however, failed. Morales said the clerk remembered the man trying a third time before he instructed the subject that, unless he had cash, the sale could not be made. That's when the man walked into the store on a fourth occasion and headed directly to the bathroom. “He (suspect) spends a few minutes in there, and when he comes out, he goes behind the counter and confronts the clerk. The clerk says, `Hey, you can't come back here.' The man then brandishes a fillet-type knife and holds the clerk at knife-point,” Morales said, further noting, “He then tells the clerk he wants the money from the cash register, and so the clerk gives in to his demands because he sees that the guy is serious and threatening him.” The lieutenant went on to say that the suspect grabbed about $191 out of the cash register with his left hand while holding the knife with his right hand, still pointing the weapon at the clerk. The suspect then fled on foot and had been on the run since. That is until Morales said the police department received numerous tips from the public as to the man's identity. “We aired the surveillance footage and started getting phone calls from people knowing who it was. Everyone said it was (allegedly) Jose Ruben Saucedo. So we found a picture of a Jose Ruben Saucedo in our records and compared it to the video, and it was the same person,” Morales said. “We showed a photo lineup to the clerk and a witness, who positively identified him as the person who committed the robbery.” Saucedo was arrested without incident Wednesday near a Harlingen apartment complex on Business 77. He was arraigned Thursday and his bond was set at $100,000; Saucedo is currently incarcerated at the Carrizales-Rucker Detention Center in Olmito.  Municipal Court changes discussed By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The Municipal Court of the City of San Benito may be in for an overhaul. As a means of ensuring “a more efficient operation,” City Manager Manuel Lara said he plans to soon meet with municipal court judges David Garza, Benjamin Yudesis and Adolfo Cordova along with municipal court administrator Modesto Vasquez. The purpose, according to Lara, is to consider a number of opportunities that may provide the community what the city manager called “a more positive impact.” One proposal that has been considered thus far is to offer a judgeship to Vasquez, which would include a pay raise for the 17-year city employee and therefore eliminate the need for the other judges. “We are tossing a lot of ideas around, and yes, that one has surfaced. But is it a done deal and final? No, because at this point I want to say that we're open to bring everyone to a roundtable discussion and toss around ideas to run a more efficient operation for the community and its citizens,” Lara said, further noting that, for the time being, the municipal court will continue with Garza, Yudesis and Cordova serving as its three judges. These talks are part of ongoing efforts by city officials to restructure departments and basic operations; Lara has said in the past that the outcome will not only result in providing better services to the citizens of San Benito, but maintain proper procedure within the city. “We're doing this because we have more opportunities that we can take advantage of. We've got to have faith, and a lot of times faith is nothing more than opportunities. Doubts are nothing more than obstacles, and I want to get away from the obstacles and look at more opportunities to utilize what's in front of us and what's for the betterment of our community,” Lara said.  School fundraiser questioned By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A fundraiser at Berta Cabaza Middle School (BCMS) in San Benito has been called into question after administrators there allegedly encouraged students to break the mode of dress for a price. The News was alerted to the matter by a concerned parent who called the newsroom Friday, Sept. 4, to express her displeasure with such fundraising tactics. According to the parent, and confirmed by San Benito Consolidated Independent School District (SBCISD) Superintendent of Schools Antonio G. Limón, BCMS administrators announced to students throughout the week that they could untuck their shirts for a dollar on Friday - which breaks the district's mode of dress - or, for $2, wear apparel also not in line with policies outlined in the student handbook. “Here we are as parents teaching our kids values and morals, and they're going to school and being taught corruption - that if they pay, they can break the rules. And this is all in the name of a fundraiser,” the parent stressed. Limón concurred. “I tend to see the parent's point. What message are we sending that it's okay to bend the rules as long as they (students) pay money?” he questioned, adding that such a decision was a matter of site-based management, and one in which central office was not made privy to. “As far as it having clearance from us, it didn't. It was a campus decision.” However, the superintendent said the issue is one in which individual campus administrators are not inclined to seek district approval. In addition, SBCISD Planner/Evaluator Ruben Franco said it is the school's option to “enforce or not enforce the rule.” Although BCMS Principal Ted Snavely was out of the office on Friday and therefore unavailable for comment, Limón said he spoke to Snavely regarding the matter. According to Limón, the fundraiser is held two or three days in the school year, noting that the money raised is allocated for incentives such as end-of-year festivities for kids. “… Like if they have a big field day or different things that they do, they use part of the money to fund that,” Limón said. “I'll speak to Mr. Snavely when he gets back … (asking students to pay to break the rules) is probably not the message that we're trying to send out.”  Pesky insects intercepted By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net LOS INDIOS - Woodborers “notorious for attacking and killing live trees” were discovered at the Free Trade Bridge here inside a shipment of stainless steel sheets. According to a press release issued by U.S. Customs and Border Protection (CBP), agriculture specialists believe they discovered live woodboring insects in wood packing materials. The release further states that the insects “appear to have been treated according to international standards.” “The insects were collected from wooden pallets used in the transportation of imported stainless steel sheets arriving from Mexico.  The United States Department of Agriculture Plant Inspection Station at Los Indios, Texas identified the insects as quarantine significant bark beetles of the Scolytidae family,” the release read. Some bark beetle species, referred to by CBP officials as “notorious pests that attack and kill live trees,” are known for being highly destructive to forest and fruit trees. The CBP statement confirmed that the shipment was returned to Mexico and a penalty was issued. “Live pests of concern have been discovered repeatedly from the importer's shipments this fiscal year,” read the statement. “CBP agriculture specialists working at U.S. ports of entry ensure that cargo and conveyances are not infested with plant pests and diseases that could harm the agricultural products, plants and trees in the United States.” Michael T. Freeman, port director at the CBP Port of Brownsville, said “The Rio Grande Valley's horticulture is once again protected by CBP agriculture specialists from a potentially harmful pest. This is another great job in protection of our trees and plants in a continuing fight against the introduction of insects, pests and plant diseases into the United States.”  Cameron CAD: Don't fall for letters By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Don't fall for it. At least this is what local officials with the Cameron County Appraisal District (CAD) stress regarding letters sent by a Chicago-based company charging local residents for homestead exemption application services. Frutoso “Fruty” Gomez, Cameron CAD Chief Appraiser, said there should be no charge required. According to Gomez, a company called Property Tax Assessor Records Corporation has sent out correspondence to the citizens of Cameron County charging $55 to apply for homestead exemption. As previously reported by the News, this was done last year as well and by the same company, in which the price then was $45. “Our concern is to let the public be aware that they don't have to pay that fee,” Gomez urged. “I'm not sure if you could call it a scam, but they do make people think that somehow they're affiliated with a government agency, even though it says at the top of its letter that it is not. They still make it appear that way because it states that the information has been obtained through Cameron CAD records.” Gomez said there has already been a case of one individual who paid for the service offered by the company in question. He added, “We've also been getting a lot of calls from folks telling us they were mailed by this company on Aug 12 or 14. Then they asked us if they needed to pay for an application.” Homestead exemption, Gomez said, is available to everyone who owns a home in the state of Texas, adding that one can download the application online at any appraisal district website or pick one up by traveling to a local office and filing for an exemption free of charge. Gomez said people can even inquire about their homestead exemption by simply calling the appraisal district and verbally requesting assistance; the number to the San Benito office is (956) 399-9322, (956) 428-8020 in Harlingen and (956) 541-3365 in Brownsville. To download an application online, visit www.cameroncad.org or pick one up at the San Benito office, located on 2021 Amistad Rd.  Rio Hondo city commission approves curfew ordinance By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net RIO HONDO - As a means to deter rising juvenile violence and gang-related activity, the city commission here has recently adopted an ordinance establishing a city-wide curfew for minors 17 and under. “It is getting out of line. I think it was about time somebody acted on it, and I'm all for it,” said Rio Hondo Mayor Alonzo Garza about the curfew. “We're having too much graffiti, and every time we go out to the park, we find that someone is breaking the lock. Besides, a 17-year-old kid has no business being out on the streets at one or two in the morning.” According to Ordinance No. 369, which was approved Tuesday by the Rio Hondo City Commission, a minor 17 years of age or younger will commit an offense if “he or she remains in or upon any street, other public place, or establishment within the City of Rio Hondo at night during the hours beginning at 10 p.m. Sunday-Thursday inclusive, and ending the following day at 6 a.m. …” Effective upon publication in the newspaper, the ordinance further reads that minors must not be out past 11:30 p.m. Friday-Saturday, also inclusive and again ending the following day at 6 a.m. There are exceptions, however, as minors may be accompanied by a parent after such time or on an errand as per parental consent; in a motor vehicle involved in interstate travel, engaged in employment activity, involved in an emergency or on the sidewalk “abutting the minor's residence or abutting the residence of a (consenting) next-door neighbor …” Further exceptions include attending an official school or religious activity or returning home by a direct route from said activities. Minors may also exercise their First Amendment rights, such as engaging in freedom of religion, freedom of speech and the right to assembly provided they present prior notice to the city manager and/or police chief. If the curfew is violated, the ordinance states that a police officer must first ascertain the name and address of the minor then issue a written warning or a field release citation. An officer may also order the minor to promptly return home by a direct route. A violator can be taken into custody if they have two previous written warnings or field release citations or if there's “reasonable grounds” to believe he or she has engaged in delinquent conduct or conduct indicating a need for supervision. A minor may also be taken into custody if he or she refuses to fully identify themselves by full name and address. A parent will be immediately notified if a violator was indeed being detained, in which case an incident report will be filed. Parents and guardians are not exempt from committing offenses if they knowingly permit - or by “insufficient control” - allow the minor to violate the curfew. Owners/operators and employees of establishments also commit an offense if he or she knowingly allows a minor to remain upon their premises past curfew. If convicted in Municipal Court, a minor could face fines of no less than $50 or no more than $500, depending on the number of offenses. Parents/guardians could face a fine no less than $100 or no more than $500; owners/employees of an establishment can be fined an amount not to exceed $500. Following 18 months of passage, the ordinance will go under review by the city manager, who will then make recommendations to the commission regarding its effectiveness.  Accident knocks out power in city By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net An accident that sent two children to the hospital on Monday also temporarily knocked out the power in a multiple-block radius, leaving San Benito schools, district and city administrative offices in the dark as well as residents and area businesses. According to officer David Ortega of the San Benito Police Department (SBPD), the automotive collision occurred at approximately 11 a.m. on the corner of McCullough and Expressway 83 Frontage. There, a woman who has yet to be identified was driving a blue Dodge Caravan south on McCullough and allegedly failed to make a stop. Consequently, Ortega said the Caravan collided with an oncoming green Ford Expedition, which was traveling eastbound on Frontage heading toward Brownsville. The driver of the Expedition has also yet to be identified. However, Ortega said a three-year-old and an infant - both passengers of the Expedition - as well as the driver of the Caravan were hospitalized as a result of the crash. Their condition was not clear as of presstime. “The Expedition was coming with some kids and a family, and, like always, someone ran the stop (at McCullough), and it (Expedition) was front-cornered,” Ortega said. “The driver of the Expedition tried to swerve not to hit it, but it was too late.” Moreover, Ortega said the accident knocked out power stretching from South McCullough to North Sam Houston Boulevard, this as a result of a nearby power line that snapped in half after the Expedition crashed into it. Residents, businesses, city officials and schools from within the surrounding area were without power for approximately an hour. San Benito Consolidated Independent School District (SBCISD) Superintendent of Schools Antonio G. Limón confirmed it was Miller Jordan Middle School and Dr. Raul Garza Elementary that were temporarily dark. Operations, however, were not interrupted, he said. Meanwhile, the female driver of the Caravan was cited for the accident.  SWINE FLU UPDATES In an effort to track the potentially dangerous Swine Flu outbreak, we offer a series of brief reports collected from various local and national news sources to keep you informed on the latest developments. Watch these pages in the days and weeks ahead for viable information designed to help you and your family cope with this new health crisis.AN BE  SIX MORE VALLEY RESIDENTS DIE FROM SWINE FLU Six more deaths in the Valley caused by the H-1-N-1 flu virus have been reported. State health officials report on the agency's web site that last month, a woman from Cameron County, and three women, a man, and a boy from Hidalgo County, died after contracting the swine flu virus. They bring to 7 the number of H-1-N-1 deaths in the Valley. A Harlingen woman was the first to succumb to the virus back in May. Statewide, 21 people have now died from H-1-N-1. The state health department website also says Hidalgo County has, by far, the most reported cases of H-1-N-1 in the state -- 1-thousand-115. Cameron County reports 335 cases, Starr County has 36, and Willacy County 16.  TWO MORE SWINE FLU DEATHS IN VALLEY Two more Valley residents have died after contracting the H1N1 flu. The state health department is confirming the two patients from Hidalgo County had contracted the H-1-N-1 virus. The patients were a woman in her 30's and a boy in his teens. Officials are still waiting, though, for test results to determine if underlying health conditions may have played a role in their deaths. They are the first swine flu deaths in Hidalgo County, and bring the Valley's swine flu death toll to three. State health officials, though, say that number is consistent with expectations, and with the number of deaths which occur during a seasonal flu outbreak. Experts say, however, the swine flu appears to be hitting younger people the hardest -- people who may have not yet gotten the flu and have not built up some immunity to the virus.  SWINE FLU REACHES PANDEMIC LEVEL For the first time since the 1960s, the World Health Organization (WHO) has declared a global flu pandemic effective immediately. Worldwide, there are now nearly 30,000 cases of swine flu and 141 people have died from it.    With WHO's declaration this week that the virus has reached global pandemic levels, Texas health officials say the rest of the world finally is catching up with what the Lone Star State has been doing for more than a month.    Being the first state to have confirmed cases helped launch Texas into preparation mode amid the outbreak of H1N1 "swine" flu in April, says Emily Palmer of the Texas Department of State Health Services.    "The fact that they raised the pandemic level to six came as no surprise to anyone," she said. "Probably since early May we've been in response to pandemic mode. It (swine flu) occurred here first in this country and Texas had some of the early cases. We were on the early end of that and they're (WHO) catching up with what we've been doing for a month or more."    Since the state has been dealing with the disease for more than six weeks, there has been time to plan staffing, equipment and funding to fight it she says.    There have been 1,883 cases and six deaths in Texas, making it the second-most active state in the country for the disease. Hidalgo and Cameron counties lead the swine flu count in Texas. Hidalgo County has confirmed 406 H1N1 cases while Cameron County is reporting 261 confirmed cases.    “On the basis of available evidence and these expert assessments of the evidence, the scientific criteria for an influenza pandemic have been met. I have therefore decided to raise the level of influenza pandemic alert from phase 5 to phase 6,” reported World Health Organization director-general, Margaret Chan during a press conference Thursday.    Dr. Thomas Frieden, the new head of the U.S. Centers for Disease Control and Prevention, said in Atlanta that he does not expect widespread public anxiety in the United States as a result of the declaration, noting it came nearly two months after the virus was identified.    For many weeks, U.S. health officials have been treating it as a pandemic, increasing the availability of anti-viral flu medicines and pouring money into a possible vaccination program. And scientists have grown to understand that the virus is generally not much more severe than the seasonal flu.    "That helps to tamp down any fears that may be excessive," Frieden said at a news conference - his first as CDC director.    But the virus can still be deadly and may change into a more frightening form in the near future, and so people should not be complacent, he added.  Husband Of Flu Victim Denies "Underlying Health Conditions" The husband of the Harlingen woman who died after contracting swine flu, is denying she had pre-existing medical conditions.  Steven Trunnell telling C-N-N's "Larry King Live" last night his wife was "a healthy pregnant woman" who'd never been diagnosed with major medical complications.  Judy Trunnell was hospitalized April 19th, slipped into a coma, and died a little more than two weeks later.  State health department officials said after her death the 33-year-old school teacher had "chronic underlying health conditions", including asthma and rheumatoid arthritis.  But in last night's interview with Larry King, Steven Trunnell called that "absolutely false."  Willacy County Records First Flu Swine Victims You can now add Willacy County on the list of those with confirmed cases of swine flu.  The Texas Department of Health Services reporting three Willacy County residents have come down with the H-1-N-1 virus.  That brings the total number of swine flu cases in the four-county Rio Grande Valley to 112.  That number includes 7 more cases confirmed in Hidalgo County, bringing that county's total to 37.  61 cases have been reported in Cameron County.  11 in Starr County.  One Valley resident has died as a result of the virus -- 33-year-old Judy Trunnell of Harlingen.  Corpus Christi Man Becomes 5th Swine Flu Death The Nueces County Medical Examiner ruled Friday that a 33-year-old man died on May 6 in part from the H1N1 flu virus. Carlos Garnica, 33, died at a local hospital's emergency room May 6 of viral pneumonia, according to Nueces County Medical Examiner's Office officials. Garnica's death is one of five swine flu related deaths in the United States.  City restructuring may lead to elimination of posts By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net If one were to spend a significant amount of time at the San Benito Municipal Building or in City Hall, the most common phrase heard would probably be this idiom: “We need to run a tight ship.” City Manager Manuel Lara has been stressing this recently after facing decreasing sales tax revenue and incurring a budget shortfall in the hundreds of thousands of dollars. A detailed budget allowing city commissioners to go item-by-item in efforts to make up for the shortfall has proven successful, however. “It was just a matter of making a few budget cuts and educating our elected officials by providing them with good resources,” Lara said. Still, there's much work that needs to be done in the city. Water rates are increasing, sales tax revenue is down, and in response, Lara said the city will further streamline city government, and he's starting by restructuring departments. For instance, positions that have been left vacant in the past will remain the case for the time being. Also, Lara said the city may contract a company to provide IT (information technology) services; the services of two to three full-time IT employees would therefore no longer be required by the city. However, Lara said it's not as though they will lose their jobs. “The company will utilize the existing staff, so they might not be working for the city but for a business. It just worked out really well,” Lara said, adding that such action will equate to $50,000 worth of savings. “This all helps address some of the needs the community has shared with us.” In short, Lara confirmed changes which, in some cases, may lead to titles and positions being eliminated. “Some may continue working with the city, and some may decide to work elsewhere,” Lara added. “We're going to streamline a very tight operation based on economic development and growth. Looking at the economy as a whole … it's very unpredictable right now, but we'll operate within our means.” Moreover, the city manager said the city will transition from automatic pay increases for employees, which takes place in October, to implementing performance measures before doing so. Cost of living, however, will still be taken into consideration. “If they (employees) want an increase, it'll have to be approved by our elected officials; and they'll have to earn it,” Lara said.  Congressman shares thoughts on water rates, town hall meeting By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Over a cup of coffee and pan dulce, U.S. Congressman Solomon P. Ortiz sat with City of San Benito officials on Wednesday, Oct. 19 and discussed stimulus monies, water rates, and his controversial no-show at a town hall meeting that took place the day prior in Harlingen. Ortiz and fellow Congressman Ruben Hinojosa, both of whom serve Districts 27 and 15, respectively, were invited to discuss the federal healthcare reform bill at a community-organized town hall meeting; however, they have since been highly criticized by the citizens present for not attending. Denise Blanchard, who serves as Ortiz's Chief of Staff, called much of the healthcare reform debate “a circus.” “It's not intended to have a good debate,” she added within the Cesar Gonzalez Meeting Hall at the San Benito Municipal Building, which was the site of Ortiz's visit on Wednesday. Moreover, Ortiz cited “misinformation” about the bill and the fact that it has yet to reach the house as further cause for not attending. “For me to comment or go to a town hall meeting and tell you what's in this bill that has not been debated on the house floor … this bill is going to change,” the Congressman said, adding, “There's a lot of misinformation, they say that one of the items on the bill says that if you happen to be an elderly citizen and you're sick, there's a panel that will determine whether you're going to die or not. This is not true.” Regarding the stimulus package, Ortiz announced that approximately 10 or 15 percent of the $875 billion available have been put to use and encouraged city officials to propose projects that may be eligible for stimulus funding. “San Benito is one of my favorite towns, and as you well know, there's a stimulus package and not enough money has been spent,” Ortiz said. “Now there's a deadline on when to submit your applications, and first it was shovel-ready within 90 days. Ninety days came and went, but of course a lot of the projects were not shovel ready. We're hoping that you do have some projects that you can put together to where we can get them done by the deadline. We need to move on some of these projects so you can get some funding.” According to the Congressman, projects in which stimulus monies may be allocated mostly fall under transportation, facilities and energy. Specifically, Ortiz said the current administration plans on funding the transition to green energy at federal buildings, this as a means to conserve and promote fuel and energy efficiency. In addition, Ortiz said the city could also apply for items that provide a service to the public, such as fire trucks and ambulances. On the relocation of utilities on state highways, which is a result of Texas Department of Transportation (TxDOT) projects, Mayor Joe H. Hernandez said that the city has been forced to incur expenses to complete such work in the past. Consequently, the mayor requested assistance on the state level for incurring the expenses. “There should be some monies for small communities and rural areas as well. What we need to do is see if you could give us, more or less, a cost of how much it would be to relocate the utilities. If you could get us an idea and see which would be the right way to approach the funding, then we could do that and maybe piggyback a request for funding,” Ortiz responded. Regarding the city's water rates, the mayor expressed concern to the Congressman and his staff, stating that the city is currently “hurting on that one.” “People are complaining about the water bill going up and up to where they can't pay. I realize it's a commitment the city has, but we're to a point where the people can't afford the bill, and that's because we have another rate increase coming up,” Hernandez stressed. The mayor was referring to the $34 million water-wastewater treatment project, which saw the construction of a new water treatment plant, the Freddy Fender water tower, and the wastewater treatment plant. Funds gained to complete the project were obtained from grants and a NAD (North American Development) Bank loan, of which the city still owes approximately $17 million. This has led city officials to recently increase the water and wastewater charge. Beginning Oct. 1, the base fee for the minimum amount of water consumption, which is 0-2,000 gallons, will go up to $1.02. For wastewater, the minimum charge will also increase $1.02 from $28.07 to $29.09. City Manager Manuel Lara said that a mandated enforcement on consumption of water may reduce revenues as well. Ortiz acknowledged these concerns, offering, “What we can do sometimes is (research) a possibility of forgiveness (of the NAD Bank loan), because you're a small community and you've had problems due to hurricanes. We're not promising anything, but we can look into it and attempt to tie forgiveness to stimulus money.”  Attendance rises for school district By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A lot has changed since the first day of school on Monday, Aug. 24. Although officials with the San Benito Consolidated Independent School District (SBCISD) reported an 800-student decrease for first day attendance compared to 2008, Superintendent of Schools Antonio G. Limón confirmed Friday that the district is now 250 students over the attendance mark than this time last year. “We're right at about 10,800,” Limón said, noting that it may have been “first day jitters” that led to fewer students going to their initial classes. “They all came back in, some and then some more.” According to Limón, there were approximately 9,000 students who attended the first day compared to 10,000 in '08; however, the superintendent observed Monday that many students, reportedly in the hundreds, were still registering. Then on Tuesday, Limón reported over 10,000 were enrolled and attending San Benito schools. District officials have stated in the past that it remains imperative for enrollment numbers to continue to climb; this because the state pays the district over $5,000 per student. Declining enrollment coupled with rising salaries and fuel costs have previously been attributed to a recent budget shortfall of $774,305. “I've never done a budget like this one, ever,” SBCISD Business Manager Emma McCall said of the district's $80 million budget. “If you don't have sustained growth, it's hard to maintain what you're trying to accomplish. So, of course, we budgeted based on a flat enrollment.” McCall said district officials hope voters look favorably on a proposed tax reallocation election on Nov. 3, in which the district is proposing a tax ratification election that would reallocate 13 cents from the district's interest and sinking (I&S) fund to maintenance and operations (M&O), generating $6.8 million in added revenue - $4 million in tax money and $2.8 million in state funds. The total tax rate, however, will remain at $1.3049 regardless if the 13 cents is reallocated or not. However, if voter approved the reallocation of taxes would allow the district to balance its budget and add to its fund balance, according to McCall.  Local woman killed in Florida By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The victim of a fatal accident in Tampa, Florida was scheduled to be laid to rest in her hometown of San Benito on Saturday, Aug. 29. Carolina Allmon, 42, was killed in Tampa - where she had just relocated from San Benito - on Monday, Aug. 24 after a trailer that unhitched from a passing pick-up truck struck her. The accident reportedly occurred when a 16-year-old male, on his way back from mowing lawns, was driving the aforementioned truck with trailer in tow through the intersection of Tampa streets Hillsborough and Nebraska. It was then that the driver hit “a dip in the road,” causing the trailer he was towing to unlatch and crash into two people who were standing nearby; one of whom, Carolina, was fatally injured and pronounced dead at the scene. The other victim, a man who owns a nearby hot dog stand, was trapped under the trailer; his injuries were reportedly not life threatening. The teenage driver, meanwhile, was cited by Tampa police for not securing the trailer. According to family, Carolina came to the United States from El Salvador when she was 15 years old to “live the American Dream.” Described as a loving wife and mother of two children, Carolina was considered a “fantastic cook” who worked in many eateries. She also served as an assistant cafeteria manager for the San Benito Consolidated Independent School District (SBCISD), this before she moved to Tampa to open her own restaurant.  SBCISD proposes tax rate reallocation By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito Consolidated Independent School District (SBCISD) is proposing a tax ratification election that would reallocate 13 cents from the district's interest and sinking (I&S) fund to maintenance and operations (M&O). M&O refers to taxes which fund the district's operating expenses, such as salaries, fuel, utilities, supplies and equipment. The I&S fund - or debt taxes - pays for for new schools previously approved by voters through bond elections. The reallocation, according to SBCISD Superintendent of Schools Antonio G. Limón, would generate an additional $6.8 million for the district. Limón said the monies would then be used to fund debt payments, instructional technology, fuel and utility costs, supplies and materials, maintenance expenses as well as addressing operational costs which district officials stated are “rapidly increasing.” Furthermore, Limón said a six percent pay raise increase for district employees would be implemented if the proposal is approved. Currently, the M&O and I&S are set at $1.04 and $0.2649, respectively, equaling a $1.3049 tax rate. What the district is proposing is to shift 13 cents from the I&S fund to M&O, increasing the latter's amount to $1.17 and decreasing the former to $.1349. The total tax rate, however, will remain at $1.3049, according to the superintendent. The tax ratification election will be held Nov. 3, 2009. On Aug. 25, 2009, the board will first consider approving a tax rate of $1.4349 - $1.17 for the M&O and $0.2649 - before considering adopting a resolution that states the following: “If voters approve the tax ratification election, the board will decrease the debt rate $0.13, from $0.2649 to $0.1349, for a total tax rate of $1.3049.” Limón further explained that increasing the tax rate to $1.4349 is a necessary formality in the event that the proposal passes. “To make this work, we need to advertise it (total tax rate) as $1.4349 and then pass a resolution that would lower it back down to the $1.3049,” he said, adding that the tax rate will not be increased no matter what the outcome. Regarding the $6.8 million, Limón said much of it will be generated by the state providing $492 for every $100 of SBCISD funds. A public hearing on the budget and the tax rate will be held at 6:30 p.m. on Aug. 25, just before the start of the regular SBCISD Board of Trustees meeting.  Man arrested for threatening family NEWS Staff Report Authorities with the Cameron County Sheriff's Department confirmed the arrest of a San Benito man accused of threatening his family with a machete. According to the sheriff's department inmate list website, 34-year-old San Benito resident Rafael Melendez is currently incarcerated at the Carrizalez Rucker Detention Center in Olmito for aggravated assault with a deadly weapon. At approximately 10 p.m. Sunday, Aug. 16, Melendez was reportedly arrested by sheriff's deputies at his home located on Rural Vista Drive, where the suspect allegedly screamed at his wife and children regarding a damaged wall inside the master bedroom. That's when Melendez allegedly picked up a machete and threatened to “do a lot of damage” before swinging the weapon at his wife. The man allegedly missed striking his wife with the machete and hit an adjacent sofa instead. Melendez, who was arraigned Sunday by Judge Luis Saenz, remained in jail as of presstime Tuesday on $20,000 bond.  Rio Hondo man arrested for aggravated assault By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net HARLINGEN - A Rio Hondo man wanted for aggravated assault since March was apprehended Tuesday following a routine traffic stop. According to the Harlingen Police Department (HPD), 21-year-old Rio Hondo resident Andres Isaac Ortega was arrested at approximately 10:12 p.m. Aug. 11 after a Texas Department of Public Safety (DPS) trooper conducted a traffic stop at the intersection of Farm-to-Market (FM) 800 and FM 107. The arrest was made after the trooper verified that Ortega was a wanted subject out of the HPD; Ortega was then transported to the Harlingen City Jail and detained. An arrest warrant for aggravated assault was obtained for Ortega earlier this year by the HPD; this after the suspect was accused of attacking a 27-year-old Harlingen man at approximately 2:15 a.m. on March 5, 2009, on 3811 W. Business 83. “According to the victim, he was walking out of Wild Bill's when a male subject tackled him to the ground. The suspect, identified as Andres Isaac Ortega, left the area. The victim suffered visible injuries, pain, and fractures to his right leg,” read an HPD press release issued to the News on Wednesday. Ortega was arraigned Aug. 12, 2009 by Municipal Judge Travis Bence; his bond was set at $15,000.  Victim in fatal crash identified By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The man who lost his life Tuesday in a fatal head-on collision in San Benito has been identified by authorities. According to San Benito police, the victim in the Aug. 18 crash was Alberto Gonzalez, 20, of Brownsville. Gonzalez was pronounced dead at the scene of a car crash involving a 2002 maroon Ford Escort and a gold-colored Oldsmobile four-door, which was the vehicle Gonzalez was driving. At approximately 4:45 p.m. on the aforementioned date, the San Benito police and fire departments responded to the accident which occurred on Business 77 and Juan Garza Road. There, authorities along with emergency medical services found two vehicles, the Oldsmobile and the Escort, displaying minimum damage and sitting - adjacent to each other - in a small field just off of Juan Garza Road. It was confirmed then that Gonzalez had perished as a result of the accident; Justice of the Peace Julian Sanchez pronounced the man dead. Interim San Benito Police Chief George Gomez said the driver of the Escort, who has yet to be identified, suffered minor injuries and was taken to the hospital following the accident. Gomez added that, as per procedure, blood testing was performed on the driver of the Escort. According to police, the accident occurred when the Oldsmobile attempted to make a left turn onto Juan Garza Road, striking the Escort while was it was traveling southbound on Business 77. No charges have been filed at this point as the accident remains under investigation.  TROPICAL STORMS DEVELOP IN GULF, ATLANTIC PEAK HURRICANE SEASON ARRIVES By LOGAN HAWKES New Horizon Publishers In spite of a slow start to the 2009 tropical season in the Atlantic Basin, three significant storm systems have developed in recent days including Tropical Storm Ana and Hurricane Bill and a less organized system, Tropical Storm Claudette, that roared into the Florida-Alabama coastline late Sunday and into early Monday bringing significant rain but little in wind or storm surge damage. “It was like someone woke up the sleeping giant,” says National Hurricane Prediction Center Director Bill Read. “But this is not a rare or unusual development. We have seen slow seasons get busy overnight in the past, and busy seasons become slow.” Of most concern to Texas coastal residents is Tropical Storm Ana, which is expected to reach the Gulf of Mexico late this week. Hurricane Bill was located about 1,200 miles east of Lower Antilles late Sunday and was packing winds of about 75 MPH. But forecasters believe BILL will turn to the northwest in the days ahead, possibly missing Gulf waters. Just ahead of Bill, Tropical Storm Ana continues to threaten the U.S. and British Virgin Islands and appears headed to Dominica and Puerto Rico as it slowly makes a turn to the northwest. Ana was packing winds of about 45 MPH as it approached the Leeward Islands early Monday. Little change in intensity is expected in the next 24 hours. ANA could reach Gulf waters in the days ahead but is not expected to intensify greatly at this time. What started out as a quiet tropical season has blossomed into an active and angry atmosphere over the Atlantic and Gulf of Mexico, as evidenced by the formation of at least six tropical low pressure systems over the last several days. But forecasters are quick to point out that the tropical season is just now ramping up and that the absence of significant systems earlier in the season is not unusual. They also advise that the rapid development of activity in recent days doesn't necessarily mean the tropical season will be any worse than forecast. The National Weather Service Tropical Prediction Center in Miami downgraded the forecast for named storms just two weeks ago indicating the 2009 tropical season could be slower than usual. Even so, they warn as many as three major storms could assail the U.S. coastline before the season is over. As of Monday, forecasters were uncertain if BILL would reach Gulf waters this week, but report that TS ANA will probably turn northwest in the hours ahead, potentially threatening the Bahamas and possibly reaching the U.S. Eastern coast later this week. Coastal residents in South Texas are warned, however, to not let their guard down. Individual emergency plans and supplies should already be in place and local residents show be prepared to take action to secure their homes and businesses as the peak storm season arrives this week.  Ordinance prohibits animal roadside sales By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Among the highlights of a newly revamped animal control ordinance in San Benito is the prohibiting of wild animals in city limits, unless otherwise permitted in environments such as carnivals and livestock shows, and the roadside sale of animals. City of San Benito Code Enforcement Officer John Rodriguez said Ordinance No. 2418, an ordinance establishing policies and procedures for the enforcement of state and local government codes and regulations, is a compilation of past animal control codes which now acts as one concentrated ordinance meant to streamline operations and act as a community-friendly guide. The ordinance was made effective in June of 2009. “For example, much of these (regulations) are the same but modified to help in certain situations, such as noisy animals. We didn't used to have an ordinance addressing that, and now we have something which states that we can't have dogs barking in the middle of the night because it's classified as a nuisance,” Rodriguez said. Such modifications also include a new run-at-large leash law, in which Section 1.08 of Ordinance No. 2418 states, “No animal shall run at large within the city limits, keeping the same (animal) on a leash at all times, in reasonable control and in a non-aggressive stature.” The term “in reasonable control” suggests that, for instance, a child cannot attempt to hold a full-grown Mastiff by leash alone. Subsection B of Section 1.08 further states the following: “Animals shall not be left unattended on chains or leash if the same animal is not on the premises of the owner.” Most other regulations have not been altered, such as the limitation on the number of cats or dogs allowed in a single household; that number remains at three of any dog/cat combination. This, however, will not be the case if one of the pets has a litter of pups or kittens. In such a case, the litter must be disposed of within three months of birth, the ordinance read. Furthermore, if someone desires to own more than three dogs or cats, prior written permission of a senior animal control officer must first be obtained. Regarding wild life, the city is “concerned with the health, safety and welfare of the general public, and finds that it is detrimental to the health, safety and welfare of the general public of the city” to permit wild animals within city limits, according to Rodriguez. Section 1.05 of Ordinance 2418, which touches on such matters, states, “It shall be unlawful to harbor, have, keep, hold, maintain or possess any wild animal or poisonous reptiles within the city limits except in an approved operating zoo, circus, carnival. This exception also applies to a school or college (for educational purposes applied to the same).” According to Subsection B of Section 1.05, accepted and/or approved organizations, groups, businesses or educational establishments that may be allowed possession of a wild animal are subject to regulations prescribed by the San Benito City Commission, City Manager, Animal Control Officer, Code Enforcement and Health Inspector. Section 1.06, which addresses commerce in live animals, states that a person or persons, group or organization commits an offense if they participate in the sale, trade, barters, leases, rents, give-away or displays for personal or commercial purpose a live animal, insect, arachnid and/or a reptile on a roadside, public right-of-way, commercial parking lot, an outdoor event or garage sale, swap meet, flea market, parking lot or any other similar event. This, however, does not apply to an established business, such as feed and pet stores, that have a business permit and have completed and complied with all regulations and licenses implemented by the city, the State of Texas Health Department and the United States Department of Agriculture. Violations can result in citations, at which point a judge may incur upon the violator a fee of up to $500 per offense. Moreover, Rodriguez stressed that the city reserves the right to impound any animal if it is believed to be a threat to the safety of others or if it is in a harmful situation.  Fire hydrant inspection underway in San Benito By JACOB LOPEZ Special to the NEWS It's meant to keep us safe. The San Benito Fire Department has implemented the Fire Hydrant Inspection Program, which Fire Chief Severo Ochoa said will help city firefighters in times of emergency. Through the program, the San Benito Fire Department plans to run a yearly check on the city's 252 fire hydrants for any service or maintenance they may need. Individual hydrants will also be assigned different color codes, according to Ochoa. “People are going to see a color code on the top of the hydrant, which is called the bonnet,” Ochoa explained. “Those color codes indicate gallons per minute (GPM).” In the event of a fire, city firefighters will immediately know which hydrant generates the most flow, Ochoa explained. Fire Marshal Henry Lopez said the varying amounts of water pressure is significant information for firefighters to have at their disposal. “In the business district, their (hydrants) flow is higher. In residential areas, it's a little less, because you don't need such a heavy water flow.” In situations where more water is needed, Lopez said, the fire department can call the water plant to boost the flow in that area to extinguish a large fire.  Rodriguez fits in as Human Resource Director By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Call this one a sort of homecoming. Arturo B. Rodriguez, a native San Benitian who was raised in Abilene and spent much of an illustrious career in Chicago, Illinois, Denver, Colorado and in the nation's capital has returned to his hometown to serve his local municipality. The 31-year veteran in civil service affairs is back in the Resaca City and out of retirement as the new City of San Benito Human Resource Director. Rodriguez fills the void left after the departure of former Human Resource Coordinator Rene Coronado. Rodriguez, 57, will head Human Resource as its own separate department, this as part of City Manager Manuel Lara's new restructuring of some city operations. “My expectations are to oversee all personnel to maintain a productive workforce. I've always felt that the employees are the heart of any organization and that they need to be well-versed and well-trained in their craft,” said Rodriguez, who was recently appointed Civil Service Director by the City of San Benito Civil Service Commission. “I will also oversee all legal aspects of the department and ensure that labor agreements are consistent with city government and the federal government.” Further expressing enthusiasm, Rodriguez added, “I have wanted to service my own community for quite some time now.” Holding a Master of Science in Criminal Justice from Aspen University in Denver as well as a Bachelor of Science in the Administration of Criminal Justice from Mountain State University in Beckley, West Virginia; Rodriguez comes to the City of San Benito with extensive experience as a former special investigator in the United States Investigative Service and the United States Office of Personnel Management. In these capacities, Rodriguez was responsible for conducting national security investigations, civil service investigations and public trust probes related to personnel employment suitability, his resumé read. Rodriguez's resumé further reads that he served 31 years in the United States Government Law Enforcement Service and is a retired supervisory special agent/criminal investigator for the United States Department of Homeland Security, Investigations Division in Brownsville. Among personnel matters, his duties included conducting probes in digital forensic cyber crimes, fraud, and problem solving strategic investigations. His experience does not end there, however, as Rodriguez has held other positions with the United States Department of the Treasury, the United States Customs Service, and the National Treasury Employees Union, not to mention the United States Department of Justice, United States Border Patrol, and Cameron County Juvenile Probation. When asked how his background could aid city affairs on a local level, Rodriguez said, “I will act as a true compass and know where to take the city and its workforce.” Rodriguez's first day on the job was Monday, Aug. 3.  City approves interlocal agreement for TIRZ By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net It's only a matter of time. That's the sentiment shared by many within the City of San Benito and the San Benito Economic Development Corporation regarding the use of taxable income via the tax increment reinvestment zone (TIRZ). On Tuesday, August 4, the San Benito City Commission approved an interlocal agreement for the TIRZ; according to City Manager Manuel Lara, it was necessary for the Cameron County Commissioners' Court to first approve the agreement before the city could put the tax revenue to use. What followed was the city commission's approval, and what can now be expected are the benefits in which local leaders have long hoped the TIRZ would provide the city. “This is a long process, and this is just the next step now that the county has allowed us to use their tax dollars as well. (The community will benefit) as soon as we get some money into the coffers,” said TIRZ Board Secretary Bill Elliott. The TIRZ works when public enhancements such as historical preservation and infrastructural improvements are made after land within the zone appreciates in value; then, property tax revenues that exceed the appraised rate are collected to fund the projects. Priority for such improvements in San Benito's TIRZ was given to public works, in which projects including upgrading sewer and drainage systems as well as road repairs will be on tap. In January, city commissioners appointed a TIRZ board to review projects and make final approvals; serving on the TIRZ board are Elliott, Pete Claudio, Ricardo Morado, Jesus Hernandez, and Pct. 3 Cameron County Commissioner David Garza. Claudio serves as the chairman of the board while Garza acts as a representative of the county. EDC Executive Director Alma Puente Colleli said the board has to meet at least once a year. The TIRZ was approved by the San Benito City Commission during a regular meeting on Jan. 13, 2009.  Villages of Paso Real progresses By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Plans continue to move forward in the development of the Villages of Paso Real, a 260-unit garden-style apartment community with “class `A' amenities.” Scheduled to be completed and housed in San Benito by 2010, the villages will encompass nearly 18 acres on property fronting Paso Real Highway near U.S. Expressway 77/83. According to city officials, the community villages will be constructed in two phases. The process has thus far included the requesting of a number of variances (mainly for parking) from the City of San Benito Board of Adjustments by RightQuest, LLC, a Dallas-based development and owner's representation firm which announced in March its intentions to break ground this summer on the villages. On Tuesday, August 4, the city approved the variances and the preliminary plat for the villages, City Manager Manuel Lara said. These steps continue the progress of breaking ground at the aforementioned site, and according to RightQuest, LLC President Ryan Harden, the end result will be worth the wait. “This is a great project for the City of San Benito. It will create a lot of value locally; in fact, I can't believe it hadn't been provided or rolled out sooner,” Harden said, adding that RightQuest, LLC was in contact with the city regarding the villages for eight months prior to the project getting underway. The determining factor which led the developers to San Benito consisted of numerous attractions in which Harden called “the perfect storm.” “We have consultants here in Dallas that perform market feasibility and demand studies, and they did a study for us in the San Benito/Harlingen market area. It determined that it was one of the tightest multifamily markets in the state, so that is what first gave us an indication of the demand in this market,” Harden said. “The catalyst to start the project was location of a VA hospital in the area, pocket communications, the successful completion of a cancer care center, and, of course, the job growth projected for Harlingen and San Benito was very favorable and what pushed the project to get the green light.” According to Harden, the complex will be geared toward families and working professionals, including - but not limited to - such amenities as a complimentary business center, state-of-the-art fitness center, clubhouse with media center, resort-style swimming pool, a playground area for children, 24-hour emergency maintenance, covered parking, onsite storage units, and an onsite laundry facility. Moreover, most units will include nine-foot valued ceilings, large walk-in closets, gourmet kitchens, and washer/dryer units. Rent will range from $600 to $950 for one, two and three-bedroom apartments, Harden said, further noting that the second phase of the development may include “small shops” along the frontage of Paso Real Highway.  SBCISD accountability rating released By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The San Benito Consolidated Independent School District (SBCISD) was rated “Academically Acceptable” according to the Texas Education Agency (TEA) preliminary 2009 State Accountability Ratings. The ratings, released Friday, July 31, are based on school district and campus student performance on the Texas Assessment of Knowledge and Skills (TAKS) test as well as completion and dropout rates, this according to the Region One Education Service Center. Region One reported on Friday that of “… 45 school systems (including 37 school districts and eight charter school systems), one district and one charter school system received an `Exemplary' rating, 17 districts/charter schools received a `Recognized' rating, and 23 districts/charter schools received an `Academically Acceptable' rating. There were two charter school systems designated as `Academically Unacceptable.' Final accountability ratings will be released in October.” South Texas ISD, which has a campus (South Texas Academy of Medical Technology) located in San Benito, was one of the districts to receive an “Exemplary” rating. Receiving “Recognized” ratings were Hidalgo, Lasara, Los Fresnos, Lyford, Mission, Monte Alto, Point Isabel, Progreso, Rio Grande City, San Isidro, San Perlita, Sharyland, Valley View, Webb and Weslaco school districts including IDEA Public Schools and Vanguard Academy. SBCISD Superintendent of Schools Antonio G. Limón said the San Benito school district missed being recognized by two percentage points in Science. “We have three exemplary campuses, nine recognized and four acceptable. We would have been recognized as a district if it wasn't for Science, because we had 73 (percent passing) and we needed to have 75,” Limón explained. In the state's overall move to “phase in higher passing standards” on the TAKS test, criteria for this year's accountability ratings include a five percent increase in the Academically Acceptable rating standard for Writing from 65 percent to 70 percent, Social Studies from 65 percent to 70 percent, Mathematics from 50 percent to 55 percent, and Science from 45 percent to 50 percent, Region One officials reported. “Region One Education Service Center congratulates the students and the educators of the Region One area for their success in meeting and in many cases exceeding the 2009 State Accountability Standards. As the state continues to raise the bar on the state accountability instrument, TAKS, educators and students continue to rise to the challenge,” said Region One Education Service Center Executive Director Jack Damron. “Region One ESC stands committed to working with our school districts and educators towards continued improvement throughout the coming school year.”  Angel Food distribution center comes to San Benito By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Food relief in San Benito has finally got its wings. Angel Food Ministries, a non-profit organization operating out of 42 states will now have a distribution center located out of the San Benito Food Pantry. Offering a variety of groceries up to half the normal retail price off, Angel Food feeds some 750,000 families nationwide in an effort to counter the ever-increasing cost of living. In Harlingen, a non-profit organization called Project Future Design will mark its sixth year as an Angel Food host site by opening a location in San Benito. Project Future Design Executive Director John Jacobson said such action was necessary after he experienced a demand for these services from Resaca City residents. “Everyone, I think, is feeling the pinch of the cost of groceries, and we have had some people from San Benito come to Harlingen to participate in the program, but when Claire Roewe (of the San Benito Food Pantry) started coming and buying Angel Food, she realized very quickly that we needed it to be more accessible to people in San Benito,” Jacobson explained. Those wishing to benefit from Angel Food can do so by viewing the current menu and placing an order at a host site from 9-11:45 a.m. on Wednesdays. The menu can be viewed online at www.projectfuturedesign.org or at the offices of Project Future Design, located in Faith Pleases God Church on 4501 W. Expressway 83 in Harlingen. Furthermore, Jacobson said there are no qualifications or criteria in which families are required to meet, and Loan Star cards and food stamps are accepted as well. “Not even an application form is needed. Just walk in and order what you want,” Jacobson said, adding he also buys from Angel Food. “The one that I get is half price and it's called the signature box. It has things like frozen meat, fresh and frozen vegetables and a quart of milk. That's the one that time after time people get.” According to Jacobson, families who have been traveling to Harlingen to order or pick up food from the Angel Food site can now do it all at the San Benito Food Pantry, located behind Smith-Reagan Insurance on San Houston Boulevard. “Since it (San Benito Food Pantry) is open Wednesday mornings, we go there prior to the order cut off, pass out fliers, and then on distribution day she (Roewe) takes the food to San Benito,” Jacobson said. “We're trying to put more food on the table, and there are so many people in San Benito that we wanted to make it available to.” For more information, call Jacobson at (956) 428-4848 or email: john@projectfuturedesign.org.  Local businesses react to minimum wage increase By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net One week after the federal minimum wage increased by 70 cents, some local business owners and managers report that they have largely been unaffected. The increase, which went into effect Friday, July 24, lifted the federal minimum wage from $6.55 to $7.25; it is the final of three hikes made under legislation enacted by the U.S. Congress as the Fair Minimum Wage Act in 2007, U.S. Representative Solomon P. Ortiz (TX 27) said. Since the act was signed into law, a debate has ensued regarding its impact on the economy, with naysayers fearing employees who make minimum wage would have their hours cut or simply laid off while supporters believe the increases are necessary for Americans to meet the ever-increasing cost of living. “With the high cost of living today, we must be able to provide a decent minimum wage to the millions of Americans who work hard for their wages,” Ortiz said. “This 70-cent increase per hour will help those Americans who work to support their families. American workers are hurting right now, and this increase will make a big difference in paying the electricity bill, buying groceries and filling up the car with gas.” San Benito H-E-B Store Director Arturo Tovias concurs, adding that business has not been hurt by the increase. “It's not really affecting us because we always try to pay our workers above minimum wage, and even with this increase we'll still try to pay employees at a very competitive wage,” Tovias said, noting that a total of 120 people are employed at the San Benito H-E-B. As City Manager for the City of San Benito, an entity which employs approximately 203 people, Manuel Lara echoed Tovias' sentiments and added that only part-timers make minimum wage. Lara said, “We're in good shape because we don't pay anyone minimum wage. I think only the library, which brings in part-time people, pays some minimum wage which is now at $7.25. Other than that we're in compliance.” The San Benito Consolidated Independent School District (SBCISD) may be impacted slightly though not enough to incur significant financial loss, this according to SBCISD Superintendent of Schools Antonio G. Limón. “We were previously paying sub security and different people in the district not employed at a full-time capacity $7 an hour, so now that means they'll be making $7.25. Since we were already at $7, the affect for us will be minimal, but we'll still feel that extra 25 cents an hour,” Limón said. The district employs 1,583 people not including 70-80 who are considered substitutes. “It's too early to tell (if the district may need to cut hours) at this time, although I don't foresee it,” Limón added. The same cannot be said for smaller businesses, at least according to San Benito Wings owner Adolfo Toriz. Toriz, who employs a handful of people at his popular eatery, said he's had to raise his employees' pay across the board. To be fair, Toriz said he's done the same for those who were making above minimum wage. “Hours will need to be cut, we discussed this in a meeting with managers because we're going to need to pay more per employee coming around this next pay period,” he said. A press release issued by the Texas Workforce Commission (TWC) stated that the Fair Minimum Wage Act of 2007 was signed into law to increase the minimum wage rate by $2.10 over a three-year schedule. According to the U.S. Bureau of Labor Statistics, 262,000 Texans earned the federal minimum wage or less in 2008. “Although most Texas workers receive wages greater than the minimum wage from their employers, this increase is an opportunity for those at the lowest wage levels to receive additional income,” said TWC Chairman Tom Pauken.  Authorities investigate break-in at Miller Jordan By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Local authorities are investigating a break-in at Miller Jordan Middle School, where school district officials reported a number of items stolen and property damage. At approximately 3 a.m. Monday, August 3, an unknown number of assailants gained entry to the campus and stole items such as a computer and radios, said Antonio G. Limón, Superintendent of Schools for the San Benito Consolidated Independent School District (SBCISD). “Miller is pretty much open, and there's a fence on the side where we believe they jumped the fence and broke in through a window. One of them (suspects) cut themselves as there was some blood located in the facility,” Limón said, adding, “We also have them on film from our security surveillance camera, and hopefully we'll be able to identify some of them.” Moreover, the superintendent believes the alarm system at Miller Jordan may not have been activated. Early reports that the break-in was somehow connected to a vacation bible school held at the campus over the weekend were labeled “a stretch” by Limón being that the aforementioned event ended at 3 p.m. Saturday, August 1. “There was a vacation bible school that the facility was rented out to on Saturday; and, yes, there were a bunch of kids there, but they were well-supervised. And they're the same kids we serve throughout the year, plus it ended well before the break-in occurred,” Limón said. Although not a common occurrence, Limón said school burglaries occur - on average - about three or four times a year. In 2008, Landrum Elementary School was broken into twice. Limón, however, credits a high recovery rate to the school district police department's investigative efforts. “Our success rate in getting our things back and people being caught is very good. There's security in the area, cameras, and we have good investigative police work. Also, kids usually will turn themselves in, which leads to more arrests,” Limón said.  Former teacher awaits trial By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net BROWNSVILLE - The case of an alleged improper relationship between an educator and his student remains open as the suspect awaits trial. On Nov. 11, 2008, Vicente Ramirez, then a teacher at San Benito High School (SBHS), was accused of sexually assaulting an underage student on campus. The student's underage status prevents authorities from releasing her identity. The allegations led to a report originally being filed with the San Benito Police Department, but the case was eventually turned over to San Benito Consolidated Independent School District (SBCISD) police. In late 2008, SBCISD Police Chief Santiago R. Garcia said his department completed an investigation into the charge and submitted the findings to the Cameron County District Attorney's Office. Child Protective Services (CPS) also conducted its own probe, but the results of which have yet to be released. During this time, school district administrators placed Ramirez on administrative leave with pay then reinstated him in a non-teaching capacity shortly thereafter, this while the DA's office was in the process of reviewing the case. Ramirez resigned from the district on May 25, 2009. According to Public Information Officer Jason Moody of the DA's office, Ramirez was arraigned on June 2, 2009, inside the 197th Judicial District Court for improper relationship between educator and student. Ramirez's plea has not been made available as of presstime Friday. The trial announcement date and has been set for Aug. 14, 2009 with trial following. Garcia said the SBCISD police officer who investigated the case has yet to be subpoenaed to provide testimony.  Man arrested for striking ex with SUV By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Police say jealousy may have led a local man to allegedly attack his ex-girlfriend and her new boyfriend with a car, running them down and injuring the two significantly. Lieutenant Martin Morales of the San Benito Police Department (SBPD) said 30-year-old Johnny Joe Rodriguez of San Benito was arrested July 15 for aggravated assault with a motor vehicle and aggravated assault with a deadly weapon, charges which led to a $100,000 total bond amount for Rodriguez, who remains incarcerated at the Carrizalez-Rucker Detention Center in Olmito. According to Morales, the incident occurred on July 15 outside Amanda Flores' home on the 1700 block of Ruenes Street. Flores was with her boyfriend, who police identified as Rigoberto Soto, when the two exited her house to converse with a mutual friend outside the residence. By this point, Morales said Flores and Soto were aware that Rodriguez was allegedly circling the block. “They knew he was passing by and circling the house, but they never thought that he (Rodriguez) would go as far as to run them over,” Morales said. Furthermore, authorities on the scene said Flores and Soto had allegedly invited Rodriguez to the house before the incident had occurred, noting that the suspect had instead chose to circle the block. “When the first officer got there, he saw a female (Flores) lying in the street in front of her house, and there was a male (Soto) with blood pouring out of his head kind of leaning over the female,” Morales said. “The officer made contact with the male and female, and as it turned out the female ended up having a broken pelvis, which was determined later. The male had a two-inch gash to the upper left side of his head.” Rodriguez, who was driving a bluish green Ford SUV, allegedly sped toward the couple in an attempt to cause serious bodily harm, Morales said. “They were out by the curb at that time talking to a friend when Johnny Joe took advantage of the situation. He put the pedal to the metal and gunned it. Their (Flores and Soto) friend managed to get out of the way, but unfortunately they didn't,” Morales said, adding, “They could hear the engine revving up before it happened.” The lieutenant reported that Rodriguez was arrested on the day of the incident due to witness testimony and positive identifications.  South Texas Youth Stock show has pulse By JACOB LOPEZ Special to the NEWS The South Texas Youth Stock Show (STYSS) is still alive … for now. The San Benito City Commission on Monday instructed City Manager Manuel Lara to prepare a proposal detailing how $2.2 million of repairs at the San Benito Fairgrounds could be funded, this as an effort to keep the STYSS held at the fairgrounds and to encourage further civic activity there. However, Lara stressed that such action does not necessarily mean the commission will approve such a project. The cost of repairs was calculated by Victor Gutierrez, engineer for the proposed renovations project at the fairgrounds, which suffered damage from Hurricane Dolly in addition to wear and tear. SpawGlass Contractors, Inc., broke down the costs as follows: Open Arena, $206,364; Indoor Arena “A”, $241,067;  Indoor Arena “B1”, $156,269;  Indoor Arena “B2”, $60,341; Indoor Arena “B3”, $70,464; Event Center, $546,240; New Addition, $355,176; Existing Exterior Restrooms, $37,600; OMAR Construction Contingency, $168,354; Owner's Construction Contingency, $84,177; General Conditions, $191,602; Construction Managers Fee, $100,257, for a grand total of $2,227,928. As previously reported in the News, the commissioners decided against such action in September of 2008 in hopes of continuing efforts to develop the land, which is around 10 acres in size. “What I'm working on right now is another CO (Certificate of Obligation) to see what the market is doing, and see if I can pull in another $2.2 to $2.5 million,” said Lara. Lara is currently working with Government Capital to obtain the CO's. “They are pretty good. They don't charge as much to sell the bonds as the local people have in the past,” Lara said. The city also has to calculate how many events may be held and the revenue potentially raised in the event of fairgrounds renovations being approved. “If I could have someone generate $9,000 to $10,000 a month for using the facilities out there, it's a self-funding project,” said Lara. When asked about the possibility of a grant, Lara said, “They are very competitive, and we have a very short time line (January 2010) to get it in.” The renovations must therefore focus on “very safe, workable conditions” in order to have the fairgrounds prepared in time for a possible STYSS 2010 event. Full renovations, if approved, would then commence after the show is held. The city has also been working with the Economic Development Corporation (EDC) to submit a request for FEMA funds to pay for hurricane-related damage at the fairgrounds.  Jay Street, other roads scheduled for reconstruction By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Street reconstruction in San Benito continues to make progress, one road at a time. According to City Manager Manuel Lara, Brooks, Dorothy, Whitewing and more streets have recently underwent repairs extending from Sam Houston Boulevard to McCullough with most completed. Next up for reconstruction is Jay Street, and scheduled for core repairs are a number of city roads, including Batts, Zaragosa, Combes, Corral and Landrum. “We've got to drill to get a core out and see how much caliche or asphalt is there. That determines how much we have to do, and we want to make sure we've got proper base,” Lara said, adding, “We started pulling some cores to see the composure of the road on Batts, and we started engineering on that too. So we're ready to go out for bids and going to contract them out.” Lara further noted that Turner Street may also have some work done. On Jay, Hector “Chuck” Jalomo of the City of San Benito said much of the repairs there will focus on curb damage. “We're going to start out there (Jay) by replacing all the sections of curb that are bad, because the subgrade is above ground and we're not sure yet exactly what we're going to do to the street once all this has been repaired. But we'll find out soon,” Jalomo said. The city manager said the city has been proactive in its approach to street reconstruction, estimating that a total of $2 million will have been spent on repairs in calendar year 2009 by December; with certificates of obligation operating as the city's funding source. “We're proactive in trying to utilize the money we have to take care of some of the streets we have on a priority list, and some are high-traffic roads, thoroughfares. We must protect the life of the streets,” Lara said. “It's a major undertaking when it comes to streets and finding funding.” As previously reported by the News, the San Benito Economic Development Corporation is also funding the repairing of Stenger Street, a $359,000 project awarded to G&T Paving Company. Stenger will undergo reconstruction in sections, beginning first with the portion extending from Freddy Fender Lane to Business 77. In a previous interview with the News, Place 1 San Benito City Commissioner Rene Farias stressed, “Stenger Street is a high traffic street. We need to look at the areas that are most in need. There are areas of Stenger where you can look at the necessities as far as what needs to be repaired, and they need to be repaired as quickly as possible.”  Child Abandoned By Mother By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net A San Benito woman remains behind bars after she was arrested for allegedly abandoning and endangering a child in June. Leticia Olvera Martinez, 32, was taken into custody on June 10 after her 11-year-old daughter was found wandering the streets of San Benito alone and past curfew, police said. The girl, who cannot be identified due to her juvenile status, was found walking along the 100 block of North Oscar Williams Road near Miguel Drive at approximately 11:20 p.m. Officer Arnold Garcia, Jr. of the San Benito Police Department (SBPD) spotted the female and detained her for violating curfew. However, it was later discovered that she had been wandering around town since 8 p.m. that evening; her mother, meanwhile, could not be located. “She was brought to the station and told that she's not supposed to be out that late, but when she was asked, `Where's your mom,' she responded, `I don't know,'” said SBPD Lieutenant Martin Morales. “Officers went to go look for her (mother), but she was nowhere to be found and we couldn't find a phone number. The little girl didn't know where she was at all either.” Once she was located, Morales said police placed the mother, identified as Leticia Olvera Martinez, under arrest and charged her with abandoning and endangering a child. “When the mother finally showed up, she didn't really give an excuse as to where she was at. It was one of those, `I'm busy' type of things. So she was arrested because she didn't provide proper care for her daughter,” Morales said. Martinez was transferred to Carrizalez-Rucker Detention Center in Olmito, where she currently remains incarcerated on $7,500 bond. According to the Cameron County Sheriff's Department inmate list website, Martinez's legal status as an American citizen may also be pending review. It was not made clear as of presstime where her daughter was placed in the meantime.  Child drownings up in state By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The number of child drownings in Texas has risen over 70; this after the San Benito News reported 50 as of June 21. According to the Texas Department of Family and Protective Services (DFPS), there have thus far been 72 children (ages 17 and under) who've drowned in the state in 2009. “Drownings of children are continuing to occur, and all parents and caregivers are urged to watch children constantly anywhere in the vicinity of water. Most of the drownings have been in residential pools, both in-ground and above-ground, and most of the children have been toddlers,” stated a DFPS press release issued to the News on Friday, July 17. The numbers, according to the DFPS, are especially alarming given that they've already exceeded last year's drowning statistics. “Of the 72 child water fatalities that have occurred statewide, seven have been in Region 11, South Texas, which is the total number of deaths for all of last year in the region. Additionally, the current statewide total has exceeded three of the prior four years that the department has been tracking the number of incidents of child water deaths they have been called to investigate,” the release read. As previously reported in the News, statistics have revealed that, on average, 70 children have drowned each year since DFPS began its unofficial count in 2005, and federal statistics have also shown that children under one year often drown in bathtubs, buckets, or toilets, while children from one to four years old drown most often in residential swimming pools. Most young children who drowned in pools were last seen in the home, had been out of sight less than five minutes and were in the care of one or both parents at the time. Sasha Rasco, DFPS assistant commissioner for Child Care Licensing, warned that if one cannot see a child then he or she cannot be saved. “Children should never be left unsupervised for any length of time in or around water, because the results can be devastating,” Rasco added. Constant supervision of children around any body of water ranging from a backyard pool to a bucket of water is necessary, according to the release. “We are asking you to join us in our efforts of spreading the word of safety awareness this summer to help in preventing any further loss of life,” DFPS officials urged. For more information on water safety, visit www.seeandsave.org.  City departments moving into old WIC building By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net Several City of San Benito departments are on the move as a number of offices previously located at the Municipal Building and in old City Hall will now be housed inside the former Cameron County WIC (Women, Infants and Children) building. According to City Manager Manuel Lara, making the move will be the San Benito Chamber of Commerce, information technology (IT), planning, permits and code enforcement, which includes building and health inspectors as well as animal control. Now called the San Benito Municipal Building Annex #2, the old WIC building was acquired by the city in July of 2008 and, at one point, housed FEMA headquarters following Hurricane Dolly. In order to make the transition, Lara said the establishment underwent in-house renovations under a $100,000 cap. “They (city staff) did an excellent job on renovations. The majority of the work was done in-house, but we did purchase the furniture and do asbestos abatement, which proved to be a couple of additional costs we incurred. But we were able to do it since it was in our budget and it fell under the cap,” Lara said. “The result is a very professional yet warm setting, so I feel the design, the color and layout is very customer-friendly. We want to make it very accessible for anyone coming into the chamber, permit office, or any other department.” The city manager further noted that the aforementioned departments required additional space due to confined conditions specifically inside City Hall. “Actually, they were crammed in there like sardines. There was very limited space and we needed to provide adequate space,” Lara added. City officials originally hoped the move-in would be complete by this week, but Lara said there are a few lingering issues that must first be addressed. “We're testing a fiber optic line that was installed and not giving us good reception right now, so we've got a company coming in to see if there's something that needs correcting, or we might need to pull a new line through a conduit. That's the one thing that's holding us back,” Lara said.  Raids net weapons, drugs By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito police have recently conducted two raids in which weaponry and narcotics were seized. A total of three arrests were made during the raids, including a man and his mother who were both taken into custody, said Carlos Romero of the San Benito Police Department (SBPD). According to Romero, the SBPD S.W.A.T. (Special Weapons and Tactics) unit executed a search warrant Thursday, July 16 at a residence located on the 400 block of Diaz Street, where 1.1 grams of cocaine was seized as well as a sawed-off shotgun. Twenty-one year-old Ricardo Garza, Jr. was arrested and charged for the possession of the shotgun while his mother, 37-year-old Eva Adriana Garza, was apprehended for possession of the cocaine. Romero said authorities have been investigating the case for some time now. “We have to establish probable cause in order for the judge to sign off on a search warrant,” he added. The same was done for a search warrant executed on July 8, this time at a home on the 500 block of Commerce Street. There, Romero said S.W.A.T. seized 19 grams of cocaine and arrested 27-year-old Marcus Robles, who reportedly resides at the house. Robles is currently incarcerated at Carrizalez-Rucker Detention Center in Olmito on $75,000 bond. In both raids, Romero said police are usually tipped off to potential illegal drug activity by area residents. “We got a lot of information from the public in general. They call us with complaints, so community involvement really helps out a lot. Sometimes it takes a little while to establish enough to where we can get a search warrant, and sometimes we're busy with other cases,” Romero explained. “So it's usually anonymous information from people who live in their neighborhoods and who want to get this (illegal drug activity) out of their neighborhoods that ends up helping us big in the long run.”http://schemas.microsoft.com/office/word/2003/wordml013fRaids net weapons, drugs By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net San Benito police have recently conducted two raids in which weaponry and narcotics were seized. A total of three arrests were made during the raids, including a man and his mother who were both taken into custody, said Carlos Romero of the San Benito Police Department (SBPD). According to Romero, the SBPD S.W.A.T. (Special Weapons and Tactics) unit executed a search warrant Thursday, July 16 at a residence located on the 400 block of Diaz Street, where 1.1 grams of cocaine was seized as well as a sawed-off shotgun. Twenty-one year-old Ricardo Garza, Jr. was arrested and charged for the possession of the shotgun while his mother, 37-year-old Eva Adriana Garza, was apprehended for possession of the cocaine. Romero said authorities have been investigating the case for some time now. “We have to establish probable cause in order for the judge to sign off on a search warrant,” he added. The same was done for a search warrant executed on July 8, this time at a home on the 500 block of Commerce Street. There, Romero said S.W.A.T. seized 19 grams of cocaine and arrested 27-year-old Marcus Robles, who reportedly resides at the house. Robles is currently incarcerated at Carrizalez-Rucker Detention Center in Olmito on $75,000 bond. In both raids, Romero said police are usually tipped off to potential illegal drug activity by area residents. “We got a lot of information from the public in general. They call us with complaints, so community involvement really helps out a lot. Sometimes it takes a little while to establish enough to where we can get a search warrant, and sometimes we're busy with other cases,” Romero explained. “So it's usually anonymous information from people who live in their neighborhoods and who want to get this (illegal drug activity) out of their neighborhoods that ends up helping us big in the long run.”  Growing gang problem addressed By JACOB LOPEZ Special to the NEWS With gang activity on the rise in San Benito, local authorities outlined measures to address the issue, which include the possibility of establishing a gang task force similar to what has been adopted by the Harlingen Police Department. Although the extent of gang activity in the Resaca City has not been made clear, Detective Manuel Cisneros of the San Benito Police Department (SBPD) discussed the issue on Thursday, July 16, at San Benito's Rotary Club meeting inside the Municipal Building.  Cisneros, who also serves as a member of the SBPD Special Weapons and Tactics (S.W.A.T.) unit, stressed the importance of interlocal communication between neighboring municipalities in efforts to prevent gang violence. He cited an increase in drive by shootings as a concern. “Fortunately, no one was injured (in the shootings),” and they only resulted in property damage, Cisneros said. San Benito's police force currently deals with any gang-related activity in town. The problem, however, is that the department's manpower is spread thin over the city. The same officers who perform their regular duties, such as routine traffic stops and patrolling the city, must also investigate gang activity, and according to Cisneros, gangs require extensive investigation. “A lot of these kids go by nicknames when they tag, and that is all the information we may have on them,” Cisneros said. The city also has a curfew for those under the age or 18. Any minors spotted on the streets during curfew hours are stopped and identified by police. “If anything happens that night, in that area, we know who to look at first,” Cisneros added. Furthermore, Cisneros discussed the department's work in conjunction with nearby cities and the school district. “The schools deal with these kids on a daily basis, we don't. So the school district becomes one of our best sources of information,” he said. Cisneros was referring to a system that the school uses to keep track of students that have been involved, or are involved, in gangs throughout the district. He also noted that the Harlingen Police Department's gang unit has been especially helpful in the process of curbing gang violence. “They have information on a lot of the kids as well” and are able to help San Benito police find many of the gang members, he noted. “They are about 10 officers, and they focus on the gang activity in Harlingen. That is all they do all day.” Cisneros further expressed his desire to assemble a similar unit in San Benito. Intriguingly, the detective said growing older and maturing sometimes provides younger gang members, who make up the bulk of the gang population, with an incentive to change their ways. “They realize that they no longer go to juvenile detention centers. They will do real jail time if caught. They decide to clean up, get a job and become functioning citizens of the city. Many times, we never hear about them again,” Cisneros said.  Greyhound season tickets to go on sale By MICHAEL RODRIGUEZ Managing Editor sanbenitonews@sbcglobal.net The time has come. The 2009 San Benito Greyhound varsity football season tickets will soon go on sale. This year, anticipation has swelled within Greyhound country as all eyes are on first-year Head Coach/Athletic Director Spencer Gantt and new coordinators Dave Evans (defense) and Daniel Cortez (offense). The new faces, which has reportedly given way to new offensive and defensive schemes as well as philosophy, is expected to generate even more interest in this year's squad. Sales hours for season ticket holders will commence Monday thru Thursday, July 20-23, from 7:30 a.m.-5:30 p.m. Season ticket holders can come “any time” during the aforementioned hours to purchase their choice of Plan I or Plan II packages. Plan I consists of home and away games while the Plan II package is exclusively for home games. Then from July 29-30, during the hours of 7:30 a.m.-5:30 p.m., tickets go on sale to the general public for Plan II only. According to the San Benito Consolidated Independent School District (SBCISD) Athletic Department, season ticket holders may purchase additional home game tickets at this time as well on a first come, first serve basis. Season tickets will not be sold after Thursday, July 30, 2009. Fans may also pick out of town game tickets August 3-6 from 8 a.m.-6 p.m. For the South Texas High School Football Classic, which will be held at Bobby Morrow Stadium Friday and Saturday, August 28-29, tickets will be sold for $8 per person for each game. Those tickets will be available at the main ticket booth at Bobby Morrow Stadium. San Benito will go up against Corpus Christi Ray as part of the classic on Friday, August 28 at 7:30 p.m. SBCISD Athletic Department officials said season ticket holders will purchase that game as part of th