9.7.2004
Greetings from Wardyland, where adults are kids, kids are adults, the love is gone, and Susan Austin keeps dronin’ on. Yee haw!
Green Generosity
One of the first items to be taken up by Council at this week’s meeting was a donation by none other than Carl Green’s law firm:
4. Discussion and action on a Resolution that the Director of Museums be authorized to receive and accept a donation from the law firm of Mounce, Green, Myers, Safi & Galatzan, P.C., in the total amount of $15,000.00. This donation would constitute "seed money" for an exhibit at the new El Paso Museum of History covering the Legal History of El Paso. The Director of Museums shall further be authorized to sign a donation agreement and any other documents necessary to effectuate the donation. (All Districts) (Attachment) [El Paso Museum of History, Jennifer Nielsen, (915) 532-1707 ext. 22]
Thankfully, there wasn’t much fanfare; otherwise, I would have probably been ill. The Mounce, Green, Myers, Safi & Galatzan law firm has, in the past, been given lots of legal work by the City because of Norman Gordon, their expert on bond issues. Contracts like that make sense.
However, since Wardy took over, more work than ever before has been farmed out to Carl Green (Jim Martinez’s former law partner and Lisa Elizondo’s former employer). In fact, if you’ll recall, the City has outsourced nearly all of its legal work and turned it over to Green because Elizondo admitted during a Council meeting that her office isn’t competent or experienced enough to do it. Carl Green hit the jackpot, earning lots of taxpayer money at $150 per hour. In fact, the City has given him so much work, he’s having to hire another legal assistant to help him with his “heavy trial docket.” (http://www.careerbuilder.com/share/det.asp?d=JN4YJ6WSR86DWP75HC)
Green, who is what local folks would call a sin vergüenza, makes no bones about the fact that he’s a willing participant in El Paso’s cronyism system. As long ago as 1997 Texas Lawyer named Green one of the most well-connected lawyers in town, "’I write a lot of checks,’ Green quips, explaining his influence.” (http://www5.law.com/tx/sub/news/archive/040797/040797c.htm) Well, at least he’s honest.
So while this $15,000 gift is certainly well-received by the Museum of History, it’s only a drop in the bucket for Mr. Greenbacks, who’s on the receiving end of hundreds of thousands of our taxpayer dollars.
More Minutiae
Now available for your perusal are minutes of former meetings that were approved on this week’s consent agenda:
5. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy
Momsen, (915) 541-4127]
Approval of Minutes for Regular City Council Meeting of
August 31, 2004 and Special City Council Meetings of August
28 and August 31, 2004.
(Attachment) - Regular Council Meeting Minutes 08/31/04
(Attachment) - Special Council Meeting Minutes 08/28/04
(Attachment) - Special Council Meeting Minutes 08/31/04
Oh, My Burning Joy Pocket!
The next routine item was also of course approved:
6. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:
Robert Cushing
Speaking of being ill, before the revisions were read into the record, Anthony Cobos announced that Robert Cushing had called in that morning to inform Council that “he’s feeling ill.”
Poor guy! I hope Cushing wasn’t suffering from that odd virus circulating around town. Or maybe it’s simply that he’s experiencing some of those “unwarranted” lower-bodily region problems caused by hot substances that irritate one’s “joy pocket.” I guess there’s no joy in joy-pocket-ville!
Full-Time Pay for Part-Time Work
Reader, here’s yet another new contract for Blanca Gonzalez (Jim Martinez’s secretary and troika member David Escobar’s former paralegal):
7I. That the Mayor be authorized to sign a Contract between the CITY OF EL PASO and BLANCA M. GONZALEZ, to assist the City Manager as an Executive Staff Assistant at a biweekly rate of $1,346.15 for 40 hours per week. The term of the contract shall be for the period of September 8, 2004 through March 7, 2005. Contract subject to the concurrence of the Civil Service Commission. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
Martinez wants Gonzalez to stay on as the City Manager’s secretary through next spring. The agenda item clearly states she will be paid biweekly “$1,345.15 for 40 hours per week.” As you saw in a set of my previous notes, Gonzalez admits to working only from 10:00 a.m. to 1:30 or 2:00 p.m. – pretty cushy hours if you ask me, especially for $35k per year – and then she goes home. Hmm. That doesn’t sound like 40 hours per week to me. I guess whoever approved this arrangement has math skills on a par with Joe Wardy’s.
Further, in an email exchange between new City Manager Joyce Wilson and Director of Human Resources Terry Bond (discussing the Request to Prepare Contract), Wilson admits she is aware of the fact that Gonzalez presently works only until 1:30 or 2:00 in the afternoon. Wilson goes on to claim that the arrangement is fine for now, but she might later need someone to work all day.
Will our new City Manager, Joyce Wilson, make the same arrangement available to every other City employee at City Hall? If so, we can probably look forward to City government coming to a grinding halt after lunch. If not, which is much more likely, what we’ll have is a continuation of the cronyism and favoritism that has been one of the hallmarks of the Wardy administration—something that does not bode well for the new City Manager.
The item (without the backup email exchange between Wilson and Bond for Council to see) was approved by City Council on the consent agenda.
The Monster Job that Wouldn’t Die…
By the way, since we’re on the topic of cushy jobs, remember last week’s budget hearing where John Cook deleted the “Trial Supervisor” position (rumored to be created specifically for Jim Martinez) from the 2005 budget? Well, I was very suspicious of the entire “exercise” (to quote our illustrious and articulate Mayor) because Lisa Elizondo seemed very serene when the position was deleted. I was also suspicious because neither Wardy nor his WRS’s (Wardy Rubber Stampers) fought John Cook’s effort to prevent Elizondo from creating the cushy $165,000 a year job for Jim Martinez.
Well, guess what, folks? A few days after that vote was taken, I thought I’d do a little fishing. I looked in the “City Jobs” section of the City’s website and looky what I found: (http://www.elpasotexas.gov/personnel/employ_trial_attorney.asp):
City of El Paso JOB PLACEMENT ANNOUNCEMENT
TITLE: SUPERVISING TRIAL ATTORNEY COMPENSATION: Depending on Experience
Open Until Filled Interested individuals should mail or fax a detailed resume to: Lisa Elizondo City of El Paso City Attorney's Office 2 Civic Center Plaza, 9th Floor El Paso, TX 79901-1196 Phone: 915-541-4707/ Fax: 915-541-4710 AN EQUAL OPPORTUNITY EMPLOYER
I guess it ain’t just Jim Martinez who laughs in the face of Council’s authority; it’s Lisa Elizondo, too. But, hey, if the majority of Council lets her get away with this, why shouldn’t she?
…and the monster who got the job
Folks, you heard it here first: as I predicted, Lisa Elizondo announced on Friday that Jim Martinez would be joining the City Attorney’s Office on the 21st of this month. The fix was in on this a long, long time ago, but I still can’t believe that the Wardy/Elizondo/Martinez cronyism knows no bounds. She’s also hired an attorney from San Antonio and another local guy, Jeff McElroy.
While Elizondo is presumably doing Wardy’s bidding with this appointment, it represents a clear repudiation of the will of City Council. You might be asking yourself, “Self, why should we be concerned about Martinez getting into the City Attorney’s Office?” Well, let me tell you why.
Not only did Jim Martinez’s original appointment as the Chief Administrative Officer violate our City Charter, but he also lied to City Council when he promised to give up representing Jobe Concrete. In fact, while he was CAO, not only did he continue to represent Jobe, but he continued to pursue other legal cases outside of his City obligations (I guess that $160K annual salary ain’t enough for Jimbo), and he even used City Hall as his personal business mailing address (that address, my friends, was changed soon after Newspapertree went public with that little tidbit of information). Let’s not forget that he was also the genius who recommended hiring Elizondo, and he was the master architect behind the confidentiality agreements and hush money contracts that Council never knew about.
Is this someone you believe we should trust to represent OUR interests at the City?
I’ll Trade You One Kelly Bundy for One Darth Vader
Word on the street is that Wardy has realized what a poor choice Elizondo was for City Attorney. (“Poor choice” is clearly the understatement of the year; I’d call it an expensive catastrophe.) Apparently, once Jim is in the City Attorney’s Office, Elizondo will leave the City and Jimbo will take over as the head of the City Attorney’s Office. Now that, my friends, is a stomach-turning prospect.
What’s even more sickening is that, if she does leave, I predict Elizondo will probably receive an extremely generous severance package courtesy of Joe Wardy and Jim Martinez with El Paso taxpayers footing the bill. I wouldn’t be at all surprised if she then takes a spot with Carl Green—although I wonder if the shrewd Green would add a liability like Elizondo to his money-making machine. Only time will tell.
I know we can depend on John Cook to vote against hiring Martinez when it comes up for a Council vote (which it should at the 9/21/04 City Council meeting) so it will all come down to whether or not the other Council members are interested in the damage this guy will do. I can see it now though—Wardy’s logic for the appointment will be that making Martinez City Attorney is worth it if it means getting rid of Elizondo. I have the sinking feeling that a majority of Councilors will accept this specious logic. If Council does support Martinez’s appointment and there are no consequences for these WRS’s (i.e. if the public doesn’t rise up against Wardy and his cronies), all I can say is that El Paso deserves what it gets.
At the Car Wash, Baby
If you recall, last week, the Emperor’s Loyal Servant…er…Jim Martinez asked that the following item be postponed. When it came up this week, it was Representative Cobos who this time asked that it be postponed -- again.
13. BEST VALUE PROCUREMENT:
This contract shall be awarded to the bidder who provides the
best value to the City. The City may consider price and other
relevant criteria listed in the request for bids.
Bid No.: 2004-226 Washing of Heavy Duty Equipment (Rebid)
Award to: A & E Truck & Car Wash
El Paso, TX
Item (s): All
Amount: $150,000.00 (estimated yearly)
Department: Fleet Services
Funds available: 37370510-45202-503125
Funding source: Fleet Services-Inventory Sales- Equipment Outside Repairs
Total award: $450,000.00 (estimated)
District (s): All
The Fleet Services Department and Purchasing Departments
recommend award as indicated, on the basis of Best Value
Procurement.
This is a thirty-six (36) month contract with the option to
extend the term of the contract one additional year.
[Purchasing, Ray Heredia, (915) 541-4316]
I said it last week, and I’ll say it again this week: David Escobar (big Wardy supporter, Luther Jones and Martie Jobe co-conspirator and Wardy’s appointee to the Housing Authority) wants to ensure that his family gets the nod on this big fat contract. If an Escobar ends up with this, you know something fishy went down.
Whose Pit Is This?
The following item was placed on the agenda by Representative Vivian Rojas, who clearly was at her wit’s end with both the Building, Permits and Inspections Department (BP&I) and an irresponsible land owner:
17B. Discussion and action on health, safety, welfare, environmental, engineering and BP&I enforcement issues regarding 131 South Yarbrough Dr., Tract 23B, Block 29, Ysleta Grant and Tract 8H, Block 33, Ysleta Grant, El Paso, El Paso County, Texas. [Representative Vivian Rojas, (915) 541-4108]
Vivian Rojas introduced the item by explaining that “This is an item of concern to me; this is a property in my district. There has been construction completed on that property that shouldn’t have been done and there was no site plan; the permit was issued after the fact. I put this on the agenda because I’d like BP&I to enforce the ordinances we have on this type of construction.”
Alan Schubert, Director of Building, Permits and Inspections, admitted that numerous construction projects have been underway on the property, including a “substandard” rock wall and the building of a drainage platform leading to the Franklin Canal that he called “illegal.” Despite these problems, the site development plan, which will allow for a used car lot to be built, has been approved by Plan Commission and Development Coordinating Committee.
Rojas got little support from her fellow Council members. Only John Cook had sympathy for those neighbors and expressed concern over why the City was allowing construction on the land before the site development plan was finished. He said that what was happening was that the landowner was “putting the cart before the horse.”
Alan Schubert launched into an explanation about how the parcel of land was subdivided and not given a Property ID number, so they “didn’t pick up that there was a site development plan” waiting to be approved. There were other excuses, but Rojas reminded him that she herself informed him of these problems earlier in the summer and even took him out to the site.
She explained that the only reason she placed the item on the agenda is because even after she took him to the site in June, showed him a dug out pit causing erosion problems, “there seems to be some lack of control regarding this situation because he continues to build and continues to be issued the permits.”
Rojas wanted to know what would happen to the pit causing erosion; Schubert (in classic bureaucratese) said, “That’s an engineering [department] problem.”
Bored and irritated, Wardy complained, “Can we get to the point where what we’re doing here with this exercise [sic]? We’ve got a pretty big agenda here, Ms. Rojas.”
Where’s the Love?
Rojas informed Wardy that the residents wanted to address Council, and Richarda Momsen announced that there were four people who signed up to speak on the item. And that’s when an uncomfortable, unpleasant and very interesting exchange ensued between Wardy and Rojas.
A stern Wardy informed the crowd, “We’ll take some discussion--very briefly” (with emphasis on the ‘briefly’).
Rojas, whose back was to Wardy, responded, “Mayor, if they can have their full three minutes, I would appreciate that.”
Wardy, who conveniently seemed to have forgotten his “every voice shall be heard” campaign promise, asked, “Each person?”
“Well, whoever needs to speak regarding this issue,” replied Rojas (whose back was still to Wardy).
“Well,” said Wardy, “I was gonna ask them to speak. I just didn’t want to go into a half hour discussion.” Sure you were, Joe.
“It won’t be a half hour discussion,” replied Rojas, “It will be about twelve minutes...”
Wardy interrupted her and firmly said, “Relax, Ms. Rojas, we’ll let ‘em talk.”
“I am relaxed,” Rojas responded, bristling. In the back of my mind, I kept hearing the Righteous Brothers soulfully wailing “You’ve lost that lovin’ feelin’! Now it’s gone, gone, gone.” The love is clearly gone between Rojas, who used to be a reliable WRS, and our mayor. But torn between musical genres, I also kept hearing Frankie Goes to Hollywood’s “Relax, Don’t Do It…”
When the music in my head stopped playing and the public discussion finally began, Laurie Cooper, the daughter of property owners whose property abuts the problem area, said what they are concerned with is, “Lack of safe, orderly and healthful development of this property.” The neighbors showed photos of the devastation to the Franklin Canal and the junk cars that the owner already has on his property. Cooper further stated that her parents have sustained property damage as a result, and when they irrigate they have problems because of the flooding that occurs under the pit that the property owner dug. The irrigation leakage has been going on for two years, she said.
To add to the problem, apparently, the owner also illegally dumped some waste from the Hotel Dieu demolition site beneath a platform he built, using the waste as filler. Rojas expressed concern over possible contamination in the soil and the water in the canal. A reasonable concern, if you ask me.
Fermin Dorado (formerly, I believe, of the El Paso City Engineering Department), representing the applicant, claimed they had agreed to resident requests (Rojas interjected, “There was no agreement”), and said, “we have been very hard working, trying to get this project going.” He complained that the project was taking too long and further claimed that they have received permits for everything they’ve done and called the neighbors’ complaints “harassment.”
Rojas corrected him and stated that permits were issued “after the fact,” and asked for soil samples because of the illegal dumping, said she wants the rock wall demolished, and wants the pit filled.
Dorado was still at the podium, ready to respond, when all of a sudden, almost out of no where, Anita Blair announced that she had something to say.
Wow! Now that’s a stealth woman!
Wardy asked her to wait and allowed Dorado to continue. He said he wanted to finish the project and was willing to work with the residents, including doing a soil sample (as long as someone else paid for it). He further complained that all this was doing was delaying the development of the property.
Wardy had had enough of the discussion (I mean, really, these neighborhood people voicing their petty concerns can sure get pesky, huh, Joe?). He turned and asked the City Attorney, “Ms. Elizondo, do you have someone here on your staff who can address the legalities of Ms. Rojas’ requests?”
Elizondo asked for more time and said she needed until the end of the meeting to figure out the legal issues. (Uh, you probably need a lot more than just time, Lisa, to figure out legal issues.)
Businesses Just Wanna Have Fun (And We Shouldn’t Stand in their Way!)
Alexandro Lozano, who seemed to feel contempt instead of sympathy for the neighbors said, “This is why businesses don’t want to come to El Paso…businesses also have a right…can you imagine what you’re gonna do to the other businesses who want to come to El Paso?” Oh, I don’t know, Alexandro, maybe make them comply with the law?
I’ve got it! Alexandro Lozano for EPA Administrator!
Anita Blair was finally given her time and told Council that they should support the neighbors (you’d better remind your neighborhood mayor of that, too, Ms. Blair). She got pretty worked up and in almost a fevered pitch, yelled out, “I recommend you put something down there more attractive than a used car lot because that is a disgrace to that neighborhood…these used cars are driving people crazy in El Paso!”
The item was postponed until the end of the meeting so that Lisa E. (who was making no efforts to hide the fact that she was laughing at Anita Blair) could figure out the legal issues. I won’t hold my breath.
Vivian Rojas stepped out for the rest of the meeting and worked with the applicant and the residents on a deal. No deal was made, and at the end of the meeting, Rojas asked that the item be postponed for one week.
Kudos to Rojas for doggedly trying to ameliorate a bad situation despite the indifference of the mayor, most of Council, and the complicity of BP&I.
Reconnecting with the Folks He Calls “Hobos”
Anthony Cobos placed the following item on the agenda:
17C. Discussion and action to direct City staff to study the possibility of re-designating the boundaries of the El Paso Central Areas, which is that area in which possesion and consumption of alcohol in open containers is currently prohibited under the City Code, and, if feasible, to bring back a proposed resolution, for consideration by Council, in which those boundaries are expanded. [Mayor Pro Tempore Anthony W. Cobos, (915) 541-4123]
For some reason, Cobos is the go-to guy on alcohol issues. If you recall my Council notes from some time back (of course you do), Cobos argued against allowing a beer drive-through to…well…sell beer. At that December meeting his eloquently stated concern was that "hobos will consume beer in cubby holes" (http://www.newspapertree.com/newsletter.ssd?section=feature&c=46018cc98ea94887). At that meeting, Cobos added that “’packaged liquor’ (as opposed to ‘unpackaged liquor’?) is the issue because ‘a rock wall's a perfect place to get together to drink beer.’"
Cobos began the discussion on this week’s item by stating that “Mr. Tullius [Director of the Opportunity Center] and I spoke on this issue…what this is, there’s currently an ordinance that does not permit opened alcoholic beverage containers in that general area. The opportunity center is there, I think the goal is to disperse people in the daytime so they don’t congregate in those areas and we want them to move outside the open container area.”
There’s now a kinder, gentler Cobos who wants to help (using his sensitive term) “hobos.” Can we get this guy a Humanitarian Award?
Ray Tullius was there and explained that the goal of the agenda item was to work out what he called “some of the issues” in the Magoffin area (a residential neighborhood downtown). Tullius said that his homeless clients “tend to disperse into the other areas of the Magoffin zone, causing some pain to the neighbors.”
What I gathered was that Tullius and Cobos wanted to create a larger no-drinking zone near the Opportunity Center so as to keep some of the homeless folks from drinking. In the prior Council notes I referred to above, I speculated that Anthony Cobos had, shall we say, an anthropological interest in the down-and-outers and their drinking habits. I was, therefore, deeply heartened that he was able to bring his expertise to bear on this agenda item.
Wardy asked if the Magoffin residents would be prohibited from drinking a beer on the front porch of their houses. Cobos did his best to answer the question, but what Wardy was delving into was not anthropology, but the law. My quick guess, Mr. Wardy, is that a resident has every right to drink a beer on his own porch. But let’s go to our resident legal scholar, Lisa E.
Of course, it took Ms. Elizondo a while to be yanked out of her tranquil reverie, so she did not jump in to answer the legal question right away; once she finally caught on, Elizondo recommended revising the ordinance to leave out the residential areas. Way to go, Lisa E.!
(I looked around for one of those giant flashing “APPLAUSE” signs that the late night comedy shows have to alert the audience to clap. I wondered if maybe there was a flashing “GIVE LEGAL ADVICE NOW” sign that had been conveniently placed within Lisa’s view, but alas, there was none.)
Party on the Rail!
Then Lozano, noting that a railroad area was included in the expanded no-booze zone, piped in, “Uh, Mr. Cobos, why are you going into the railroad property, I mean, there’s nothing there, do you believe the railroad personnel would appreciate, uh, you don’t need to go up north that far.”
Cobos responded, saying, “I don’t think the railroad people are out there drinking.” Careful, Alexandro, you’re debating with an expert. Cobos and Lozano debated for a bit more and then Cobos made it clear that he would be making a motion to get started on this.
Before Cobos made the motion, however, Representative John Cook had to remind our City Attorney, Lisa Elizondo, that this would have to be brought back as an ordinance. Thank goodness SOMEONE at Council is actually paying attention to potential legal issues. If Elizondo stays on, they really should think about investing in that flashing “GIVE LEGAL ADVICE NOW!” sign I told you about…sure would help.
Marvin Faust, an assistant City Attorney, said he could meet with the Police Department, Planning, and Mr. Tullius to work through the issue and bring it back for Council’s review and approval.
And then, as if the Mr. Faust, the Assistant City Attorney, should have an opinion on this that we care about, Lozano (who is apparently stepping in for railroad expert extraordinaire Robert Cushing during his absence) asked, “And how do you feel about the railroad property?”
Neither Faust nor the police personnel could discern any issues regarding the railroads. Neither could I.
Cobos made a motion to direct staff to study the issue, but before the vote was taken, Cobos asked Elizondo if the motion was okay. City Attorney Elizondo had to ask her assistant if it was okay. He said it was okay. Phew! Glad we had Lisa E. there for that one.
The motion passed unanimously.
How Can I Approve My Own Master Plan?
In another episode of “How can I talk this to death?” Susan Austin managed to…well…almost talk the following items to death:
19A. Discussion and action authorizing the El Paso Water Utilities - Public Service Board to submit a land study application and all related documents for City-owned property located North and South of Transmountain Road and West of the Franklin Mountains State Park in the Northwest Planning Area; and that the Planning, Research & Development Department be authorized to accept and process such application. (District 1) [Planning, Research and Development, Fred Lopez, (915) 541-4925]
19B. Discussion and action authorizing the El Paso Water Utilities - Public Service Board to submit a request for modifications to the 2025 Proposed Thoroughfare System as detailed in the Map Atlas of the Plan for El Paso and to submit all related documents for City-owned property located North and South of Transmountain Road and West of the Franklin Mountains State Park in the Northwest Planning Area; and that the Planning, Research & Development Department be authorized to accept and process such request. (District 1) [Planning, Research and Development, Fred Lopez, (915) 541-4925]
Rudy Valdez from the City’s Planning, Research & Development Department informed Council that the Public Service Board wants to undertake a master plan/land study of property below the Franklin mountains that is approximately 1,850 acres in size. The plan as proposed would facilitate 4,815 dwelling units with a population of 14,489. (That’s a sad prospect, my friends.)
Susan Austin began by saying, “I’m sorry that I didn’t get a chance to raise these comments earlier. [So are we all, Susan. Really.] My concern about treating this as a land study, a land study is usually submitted by a subdivision applicant to do subdivisions in phases.” She then talked about the law and the issues involved and added, “I would like to understand the ramifications pro and con of doing this as a land study…I’m not positive that a land study is the right way.”
Cook jumped in, saying, “I disagree. It’s about time that the City looks at the major pieces of property that it owns and sees how it’s developed. We’ve spent the money for a master plan…we know where the jogging paths are, we know what the density will be…I’m totally supportive of both of these items.” He reminded Council that the land study mentioned in the item is the same land study done by Parkhill, Smith & Cooper, and by the way, folks, it’s a study Susan Austin participated in.
Susan Austin reassured him, saying “I’m completely supportive of the plan; I just want to make sure we have the right mechanism for achieving that.”
Wardy recommended that the City Attorney’s office look into the item.
Calling the two agenda items a “huge deal,” Cobos asked that they be postponed.
Austin, who—again—participated in creating the study, wanted to continue talking about it before postponing it. She simply continued to reiterate her concerns…over and over and over.
Finally, having exhausted the subject (and everybody else), she moved to postpone both items for two weeks.
If we’re going to invest in a giant flashing sign for Lisa Elizondo, maybe we can use that same sign for Susan Austin, and it could say “PLEASE STOP!”
Cobos v. Delgado?
The next item was a pretty big deal:
21. REQUEST FOR PROPOSAL: This competitive sealed bid proposal is being awarded to the responsible offeror whose proposal is determined to be the most advantageous to the City, considering the relative importance of price and the other evaluation factors included in the request for proposal.
Bid No.: 2004-195R Third Party Medical Claims Administration
Award to:
Vendor/Item Access Administrators – TPA El Paso, TX
Vendor/Item Advantage Care Network – Network El Paso, TX
Vendor/Item ING Employee Benefits - Stop Loss Dallas, TX/El Paso, TX
Vendor/Item Restat – Pharmacy El Paso, TX
Vendor/Item NCED Mental Health – EAP El Paso, TX
Amount: $1,704,000.00 (estimated yearly)
Department: Office of Management & Budget
Funds available: 04100248-45121-502119
Funding source: Health Insurance & Benefits - Health Benefits
Total award: $4,828,000.00 (estimated 34 months)
District (s): All
The Office of Management and Budget, Insurance Department, Consultant, Purchasing Department and the review committee have met and reviewed the Proposals that were received. It is the recommendation of the committee to award the RFP to Access Administration, Advantage Care Network, ING Employee Benefits and NCED Mental Health. The proposal responses addressed the scope and intent of the RFP.
This is a thirty-four (34) month contract with the options to extend the contracts for two (2) additional years, one year at a time.
Additionally, it is requested authorization for City staff to negotiate, City Attorney's Office to review, and the Mayor be authorized to execute any related contract documents, agreements and budget transfers necessary during the contract. (Attachment) [Purchasing, Ray Heredia, (915) 541-4316]
During the brief discussion on this item Cobos, who it seems now has an axe to grind with the City Employees’ Association (or maybe just its president), asked if Frank Delgado was asked to participate in the process that would make some changes to City employees’ insurance. A City staff member informed Council that Delgado was invited but he didn’t attend the meetings or send a representative; Cobos asked the question again and then stated publicly that he “wanted to make that clear” that Delgado chose not to participate.
The motion to approve the item passed unanimously.
Daddy, Why Do We Need the Sun?
The following items were taken up together and change the Deputy Chief Administrative Officers’ titles to Deputy City Managers:
23A. An Ordinance repealing Ordinance Nos. 15529 and 15185 and establishing a new Ordinance that creates and establishes the duties of the Building and Planning Services Department. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
23B. An Ordinance repealing Ordinance Nos. 15546 and 15186 and establishing a new Ordinance that creates and establishes the duties of the Municipal Services Department. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
23C. An Ordinance repealing Ordinance Nos. 15531, 15239 and 15184 and establishing a new Ordinance that creates and establishes the duties of the Financial and Administrative Services Department. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
23D. An Ordinance repealing Ordinance Nos. 15530 and 15187 and establishing a new Ordinance that creates and establishes the duties of the Quality of Life Services Department. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
23E. An Ordinance amending Title 18 (Building and Construction), Chapter 18.60 (Flood Damage Prevention); Section 18.60.420 (Designation of the Floodplain Administrator), Section 18.60.430 (Duties and Responsibilities of the Floodplain Administrator), Section 18.60.440 (Duties and responsibilities of the Deputy Chief Administrative Officer) and Section 18.60.450 (Duties and Responsibilities of the Street Director) of the El Paso Municipal Code. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
7J. Resolution assigning all duties, responsibilities or obligations previously assigned to a Deputy Chief Administrative Officer to a Deputy City Manager. (Attachment) [Interim City Manager Jim Martinez, (915) 541-4015]
Susan Austin was, of course, the first to speak, and she began the discussion by sounding off in to the universe: “I guess my question about this is…if…if we’re re-designating the deputy CAOs as Deputy City Managers, why do we need departments?”
I, too, was in a wondering mood, but the burning question in my mind had nothing to do with the agenda item. It was: Why do we need useless discussion from City Councilors whose only interest in life seems to be hearing themselves talk? Is it just for fodder for my column? Or maybe, it’s so that it just looks like we’re doing something when we’re doing absolutely nothing.
I pulled myself out of my fugue state (in which, I am told, I was rocking back and forth while moaning) and I began to fear that Lozano would call out, “Uh…and, you know, I mean…How do you feel about the railroads?”
What Austin further wondered was why these departmental designations were necessary.
Attorney Lupe Cuellar Explains It All for You
Lisa Elizondo, who really didn’t have a clue, said, “I think the only thing we’re doing with these ordinances is to clarify the nomenclature.”
That must be Lisa Elizondo’s new favorite word: Nomenclature. She mentioned it last week when talking about the Trial Supervisor position she no longer needed (but, curiously, this week posted) and mentioned it again at this week’s meeting. I wonder if it she found it in her desktop edition of Barbie’s Fancy Vocabulary Book under the chapter “Sound like a High Powered Lawyer!” (That’s the chapter following “Talk like a Talented Tap Dancer” and before “Write like a Romance Novelist!”)
I know, I know…your old friend Sid can be a little tough sometimes. I guess, like my good friend Anita Blair, I can get pretty worked up myself; I just can’t understand how Elizondo has been allowed to keep this job.
Thankfully, a real attorney stepped up to explain why Deputy CAO’s exist; Assistant City Attorney Lupe Cuellar explained the whole thing. I hope Elizondo was taking notes.
All the items were approved unanimously.
Kern Place, Where Adults are Really Kids Who Can’t Wait to Urinate in Your Yard
The following two items are an albatross around the Kern Place Merchants’ necks:
24C. An ordinance granting a special privilege to Kern Place Merchants Association to temporarily close a portion of Cincinnati Ave. between Mesa Street and Stanton Street for a "Tail Gate Party," celebration on Saturday, September 11, 2004 and Sunday, September 12, 2004. (Attachment) [Building Permits & Inspections, Raymond Bonilla, (915) 541-4767]
15C. Kern Place Merchants Association to use amplification (4 speakers) at the corner of Cincinnati and Mesa (2 speakers will be facing Mesa on the corner of Cincinnati/Stanton & 2 speakers will be facing Mesa on the corner of Mesa/Cincinnati) on September 11, 2004 from 7:00 p.m. to 10:00 p.m. Approximately 50 persons will take part and 3,000 spectators are anticipated. PERMIT NO. 04-093 (District 1) (Attachment) [Kenneth Rico Velasquez]
Because Kern Place is in her district, Austin had to be the first to speak (and to speak the longest). She began with a history of the Kern Place Merchants Association’s requests for permission to have street parties and the City’s involvement. I was afraid she was going to launch into the history of Kern Place itself, and then the history of City Hall for good measure, but thankfully she didn’t.
Basically, the Kern Place Merchants want to raise the number of party-goers at their street festival from 3,000 to 5,000. (The merchants already have a collective capacity of about 2,500 people indoors.)
Austin claimed the discussion on these items should focus on the number of people and various “glitches” the Council should address.
Before she could begin listing everything she expects from the embattled merchants, Wardy reminded her that UTEP (which is across the street from these merchants) would be bringing in thousands of people for at least six home football games and there are no ordinances that govern them. Why she wanted to regulate a small group of folks and not the huge UTEP crowds is a question she has yet to answer.
Alan Schubert, Director of Building, Permits & Inspection, stated that the Fire Code allows for about 5,800 people; Susan Austin made a motion to approve the ordinance and raise the number of people to 5,000.
John Cook supported the number because…well…it’s legal.
Keith Pannell, a Kern Place resident and frequent merchant-basher, stepped up to the podium, waived toward John Cook, and stated, “I’m very disturbed with what I hear. Mr. Cook, ‘if it’s legal, just do it.’” He told Council that there are children in the neighborhood and said that at the previous Kern event, when the crowd was limited to 3,000, was good. He began listing his complaints including “fraci” (I assume this is his version of the plural of fracas), people urinating on his car and breaking his car windshield. He told Council to try dealing with the crowd. He also complained about having to repeatedly come back to Council to revisit this issue.
While one cannot help but be sympathetic to someone whose had his car urinated on and its windshield broken, that’s a criminal issue, and I hope he called the police.
I just don’t understand how Mr. Pannell can expect that his portion of Kern Place can remain quiet when his home is, by his own admission, “100 yards” from a thriving commercial zone and very near a university. He should have taken this into consideration when he bought his home. Furthermore, these Kern Place folks have been accommodated tremendously. The City has placed “no parking” signs in front of their homes every few feet so that anyone who parks in the neighborhood will be towed and be forced to pay a hefty fee to get their cars back. If you’ve ever driven in the area, trust me, you can’t miss the no parking signs—it seems there’s one every five yards.
And by the way, I did happen to drive by on a busy Friday night (yes, this oldster got out of bed to prove a point), and not a single car was parked in the residential area.
Continuing, Pannell made some serious accusations against the Kern Place merchants—none supported by any proof.
Susan Austin wanted to know how much more security would be required to control a crowd of 5,000. Lt. Bobby Lane from the Police Department recommended increasing security by two more officers.
Austin, pressing for Lane to predict the future, asked repeatedly if two more officers would be enough security. It’s almost as if she wanted him to say they needed dozens more officers to control the unruly crowd.
For crying out loud, I wanted to yell, these are college kids! They’re not criminal biker gangs or felons on furlough from La Tuna! It ain’t even Fleet Week (although many of my single female readers might wish it were).
Even though the merchants were standing only feet away, Susan Austin wanted the Police Department to ensure that they would inform the merchants about the added security. I was waiting for her to ask them to sign their assurances in blood.
Paul Escobar reminded the audience about the alternative: Empty, blighted buildings. “Be careful what you wish for,” he warned.
Alexandro’s Helpful Business Hints
Lozano, who couldn’t resist (but, as always, should have), said, “Mr. Cobos, I think what you should recommend, uh, we built a beautiful entertainment district in back of us, nobody’s using it, and I’m surprised, uh, you know, that these business owners are not really looking into it,” and sounding like the old Peter Piper Pizza commercials, he closed by saying, “come on over!” (Or maybe he’s been listening too much to Channel 9’s current promo.)
Anyway, why didn’t I think of that? What an amazing idea, Mr. Lozano! The Kern Place people should shut down their restaurants, turn their backs on their investments, and move from a thriving area to a dead part of town. What a brilliant idea!
Minerva Mena, another irate Kern Place resident, said she was willing to accept the UTEP traffic because “they leave, they drive away, the people that are parking in our area are not going to the bars, they’re the adults who go to the football games, the alums who go to the football games, it’s not all these college kids.” Following Lozano’s “thick as a brick” logic, she continued, “They don’t have to have their event at their bar, they can have their event somewhere else.” She complained that she bought her home 14 years ago, “not expecting to be inconvenienced.” I have to ask again, when you purchase your home adjacent to a commercial zone, what do you expect?
She concluded by saying that “they have urinated in our yard…and then they come and retaliate against the neighbors…I’ve never had a problem with the people at the football games, these are adults. We’re talking about the kids that stay ‘till 2:30, 3:00 in the morning and loiter and do everything in front of our yard.”
Wow. So, apparently, no one who goes to UTEP games is under 21 and everyone who frequents Cincinnati Street festivals is under 21. Who knew? I guess all those young-looking fans (undergraduates, I thought) that I see at UTEP football games are not students at all, but alums who either use a lot of Botox or have sold their souls to the devil. This also means there must be massive underage drinking at those Cincinnati street festivals. Where have the cops been? Has the TABC been informed? Sure glad that Kern Place resident set me straight.
Another resident, Ron Stewart, complained of “disturbing problems” like people urinating in their yards and parking on the public street in front of their homes. One resident admitted that these are problems he “accepted” when he bought his home there.
A Whole Lotta Urinatin’ Goin’ On
I began to wonder about all this urinating that seems to be happening. I must say that I found it hard to believe that these college students are – how shall I say it? – whipping it out at every opportunity all over Kern Place, searching for just the right lawn to urinate on.
Dr. William Elder, a young Kern Place resident and emergency room physician who took time out of his day after a 24-hour shift to speak to Council, said he owns two properties one block away. Dr. Elder spoke in support of the block parties. He said that when he purchased his home, not only did he know that this would happen, but he “hoped it would” happen because El Paso finally has something that’s “grown like this area.” He reminded Council that the bars and restaurants have always been there and said these few residents have misrepresented the views of the entire neighborhood, and called their perspective “ignorant.” He added, “As it is, it’s hard as hell to have a business in El Paso.”
Keith Mahar and George Cisneros with the Kern Place Merchants Association spoke and tried to correct what they viewed as the misrepresentations made by the three residents who opposed the agenda item. While Susan Austin never curbed the rumors and innuendos the neighbors were spreading, she did not allow Mr. Cisneros to rebut all their claims.
Cisneros said he’s tired of City Council (READ: Lozano) suggesting that they go downtown. Cisneros was clearly insulted by Lozano’s comments. Can’t say that I blame him. Cisneros is obviously an experienced and successful businessman. In addition, he (and the other KPM Association business owners) have done a great deal to help turn the Cincinnati area into a thriving commercial zone.
Alexandro—just between you and me—the Kern Place business people probably don’t need your helpful business hints—but, hey, thanks just the same.
The items were approved unanimously with the 5,000 limit.
24D. An ordinance granting a special privilege to Kern Place Merchants Association to temporarily close a portion of Cincinnati Ave between Mesa Street and Stanton Street for an "Ice Cream Social," celebration on Sunday, September 12, 2004. (Attachment) [Building Permits & Inspections, Raymond Bonilla, (915) 541-4767]
And because item 24D is an ice cream social where I’m assuming only adults and absolutely no kids will be allowed, the three angry residents were not in opposition. I hope none of the ice cream social folks start to look yearningly at the lawns across the street!
The item passed unanimously.
Mr. Personality, If You Will
The next two items were nothing big, but as soon as I noticed David Dobson, the Director of Economic Development at the City, walk up to the podium, I couldn’t help recall earlier painful moments at Council where he used the term “if you will” ad tedium:
25A. An Ordinance amending Title 15 (Public Services), To amend Chapter 15.08 (Street Rentals), Section 15.08.120 (Special Privilege Licenses) of the El Paso Municipal Code by adding Subsection 15.08.120.C.9 to recognize the creation of Chapter 13.30 of this Code which addresses the issuance of permits for film making events; the penalty being as provided in Section 13.30.130 of the Municipal Code. (All Districts) (Attachment) [Economic Development, David G. Dobson, (915) 541-4680]
25B. An Ordinance amending Title 13 (Streets, Sidewalks and Public Places), To create Chapter 13.30 (Film-making Events), of the El Paso Municipal Code; To create provisions for the issuance of permits for certain types of uses of streets, alleys and other areas owned by the City; To establish criteria for the Consideration, Issuance and Revocation of the Permits; To provide for the issuance of permits; To establish fees; To provide for an appeal process, and To Create duties for Permittees and Participants; the penalty being as provided in Section 13.30.110 of the Municipal Code. (All Districts (Attachment) [Economic Development, David G. Dobson, (915) 541-4680]
At this point, I had been reduced to playing mental games. I bet myself how long it would take Dobson to utter my favorite Dobson phrase. I guessed two minutes. Well, here’s what happened. Dobson began his presentation with, “Mr. Mayor, Members of Council, there are two ordinances being presented here, in order to streamline the permitting process, if you will, for film making.” I lost the bet (but my other half won—it took a grand total of 1 minute).
The process will now take only 4-5 days (as opposed to four weeks or more), and is, as Cook mentioned, “a no brainer.”
The item, if you will, passed unanimously.
C’mon Over!
Folks, I hope each one of you takes the time to pick up your phone or send an email to the Mayor and every City Council representative to deliver your message about Jim Martinez’s new job. It just ain’t right that John Cook is the only guy on that Council fighting Wardy’s cronyism. Hoped you enjoyed the notes.
Until next week.