9.14.2004
DARTH VADER ALERT!!!
Folks, before I begin the column, I want everyone to know that (just as my crystal ball had predicted) Jim Martinez is scheduled to get the cushy Trial Supervisor position on Tuesday (9/22/04). Lisa Elizondo, our notorious City Attorney, is hiring him at drum roll please $165,000 a year! Thats right people, despite Wardys we need to trim the fat rhetoric, his threats of employee layoffs, and the tax increase he socked to beleaguered taxpayers, hes somehow found the money to hire Darth Vader er Jim Martinez at more money than the City Attorney makes and the same amount of money that the City Manager will be making (http://www.borderlandnews.com/stories/borderland/20040918-170496.shtml). Martinez, who will be a supervisor in the City Attorneys Office, will be supervising get this ONE PERSON! (I feel for that poor unfortunate lawyer.)
Elizondos argument has been to claim that shes actually saving the City money by cutting the number of attorneys she needs and is replacing three veteran City Attorneys with a Jimbo at a Jumbo salary.
Well, lets give that some thought. In the first place, there shouldnt be that much work because shes sent it all out to Carl Green (who, by the way, could be seen observing the Court of Inquiry last week on our dimeat $150 to $175 an hour, thats a lot of dimes rumor also has it that he was seen getting fatter by the minutethat was probably his ever expanding wallet). If Carl Green is worth any of the hundreds of thousands of dollars were paying him, he should have disposed of many of those cases by the time Jimbo/Jumbo takes the reins.
Second, Elizondo hasnt really saved us anything (except good legal advice). She got rid of three veteran attorneys, but shes paid out hundreds of thousands of dollars in fees to outside lawyers. Wheres the savings? And even if shes found ways to save money great! Does that justify paying Darth Vader $165,000 when every other department is being cut to the bone and less well-connected city employees are being threatened with layoffs?
Lets see how that world-famous Elizondian logic works if I save, say, $75 on groceries this week, I can spend $350 next week on fishing gear, new lines and new rods right? If I were to use that logic in my household, Id be bankrupt.
And with arguments that weak, its no wonder that as a private attorney she lost one client tens of millions of dollars and is now being sued for malpractice!
Folks I hope you are as disgusted as I am by all of this. Lets turn that disgust into action. If you feel strongly about the hiring of Jim Martinez and his obscene salary, I urge you to contact your mayor and representatives before Tuesday. If we sit back and take this well what can I say?
***
Back to the meeting
For the first time in a long time, my tush didnt hurt at the end of the meeting (although my throbbing head still did). This two and a half hour meeting was, thankfully, short (but not painless).
The Unbearable Emptiness of Joe Wardys Rhetoric
The first item of significance discussed on the agenda was a public item and one that has come up many times. A group of displaced workers was at Council to ask for help yet again:
2. Assistance for V.F. Jeans laid off workers. [Guillermo Glenn - Border Workers Association]
Before I focus on what happened at this meeting, lets recall previous meetings where these folks have had to fight for Wardys attention, shall we?
Wardy's reply was typically meaningless. He oh-so-sensitively pointed out that Real economic development is education and workforce development training; we're committed to workforce training for all El Pasoans, it is an issue...others have closed their eyes about these issues we share your concerns I look forward to working with you. Glenn had to accept that classic, empty Wardy promise (again).
(http://www.newspapertree.com/newsletter.ssd?section=feature&c=8e947c58354b41ea)
· On 3.30.2004, the group came before Councilagainand heres what I documented in those notes:
Wardy gave her [Montoya] the same line he's been feeding these folks for nearly an entire year. He claimed to be concerned and asked her to set up an appointment to meet with him because he's "interested" in their issues. Much to his chagrin, I'm sure, Montoya reminded Wardy that the group has been unsuccessful in getting an appointment with him for the last nine months. Oops. He then told her it would be difficult to get funds for their project, and she in turn reminded Wardy that she and the other members of the Spanish speaking population pay taxes and are a part of the economy. Wardy's reply? "Lo siento." "Buen punta" replied Cobos, adding that he is willing to initiate an advisory board (leading to more non-action, I presume), adding that Council needs to at least give the appearance of being interested. (http://www.newspapertree.com/newsletter.ssd?section=feature&c=845364d196514b48)
· On 4.13.2004, Esther Perez, a local community activist frustrated with Wardys inaction, put an item on the agenda to ask him to support La Mujer Obrera and all displaced workers:
Ms. Perez told Wardy that one of the first items to be heard that morning was the report from the City's federal lobbying team and she had heard them say that they were looking for money for Project Arriba. Project Arriba, she said, is a new program; La Mujer Obrera (LMO) has been asking for this kind of support from day one but has been virtually ignored.
She also reminded Wardy that LMO has been trying to get an appointment with him (remember that at a Council meeting a couple of weeks ago a LMO representative responded to Wardy's empty "set up an appointment with me" promise by telling him that she had been trying unsuccessfully to do that for months).
An irritated Wardy interrupted Ms. Perez by claiming that "I am in the midst of setting up an appointment . . . I can assure you that this Council is interested in job training for the whole community." His enthusiasm was overwhelming.
Ms. Perez continued and recounted a discussion she had with LMO the day before; she said no one had received a call from Wardy's office as of yet. I'm willing to bet that those poor folks are still waiting. (http://www.newspapertree.com/newsletter.ssd?section=feature&c=6b6171d921c24386)
Back to this weeks hypocrisyermeeting. Rigoberto Bustillos spoke and described himself as one of the thousands of employees from VF Jeanswear. He implored, We need City Councils help.
Guillermo Glenn from the Asociación de Trabajadores Fronterizos reminded Council that VF Jeanswear has announced it will layoff more El Pasoans and the layoffs will occur on Nov 24 and then on Dec 22nd, right before major holidays (http://www.borderlandnews.com/stories/borderland/20040903-164105.shtml and http://www.borderlandnews.com/stories/borderland/20040902-163695.shtml).
Glenn further reminded them that more than 10,000 workers have lost their jobs in El Paso, and that most of these people dont qualify for retraining because the majority of them are limited English speakers. To add to the problem, he said, the occupations approved by the Workforce Board (the agency that is supposed to help these folks) exclude most of the workers because the jobs require a English proficiency.
We badly need a Bilingual Development Center that can connect up the workers who cannot speak English to the existing agencies that are providing some assistance in training and connect the workers to a new job at least 80% of what they were making, he said.
These people, dear reader, are a part of our communitythey are our neighbors, our relatives, and they are part of our economy. When they suffer economically, the community suffers. Ignoring the problemwhich seems to be Wardys strategywont make it go away.
Glenn continued and said, We asked the City to form a committee we had a few meetings with a city lawyer and that was it. We also realize that the resources are scarce, but there is a definite problem there are strategies. He went on, The Plaza Theatre regardless of whether we can prove it will benefit a large number of people, you can find a strategy for it, and we have investment from the Empowerment Zone, the City, HUD, investment from different agencies to make that go. Why cant we do the same for a Bilingual Development Center?
Wardy wanted to interject but Glenn asked to be allowed to finish before Wardy cut him off.
Wild West Wardy
Guillermo Glenn continued, I read recently about a famous El Paso gunfighter, said Glenn, When they asked him how many notches he had on his gun, he said he had 32, not counting the Mexicans. We want to be counted as displaced workers, notches that the City makes in their economic development and in their retraining. We want to participate in finding jobs and connections to resources, and we believe that this problem can be solved if theres a will of the City to do it, but were not about to be left out.
Cowboy Joe then launched into another classic, empty response: I think Council and the community is very conscious of the issues that face us there are a couple of things working against us the vehicle for job training is our workforce development board, good, bad or indifferent.
Youre soundin a whole lot like that cowboy, there, Mayor.
Wardy continued and in what seemed to be a very condescending tone said, The issue that I bring up to you in my trips to Washington your organization has a lawsuit against the Department of Labor [article]. until you get that resolved...were not gonna have any luck getting additional funding, I guess I have to be real clear about that.
Glenn, who I hope was offended by Wardys excuse, responded, Why cant the City establish some kind of committee to look into this problem if the federal courts have seen that theres enough justification to take the case? We seriously ask Council to form some kind of committee and help us.
Wardy said, Your points are very valid and I appreciate your points to Council.
Glenn replied, We would like a response last time several City representatives said they would be glad to participate in some kind of committee or hearing regarding this problem. It was left in the hands of the mayor and it never happened.
Then he got more classic empty Wardy rhetoric: Ive had significant meetings with the workforce development board, they are the real entity in this community I dont make the rules...but were gonna have to work within the system and not against it.
Thats why Im suggesting a successful strategy, replied Glenn. He got no reply.
And that was it. No movement, no commitment, no true concern. I guess there are some neighbors in this City that Wardy aint interested in being a neighborhood mayor to.
As she did last week, Anita Blair popped up with her own evaluation: Everyone must learn to speak English and speak it well then you can get a job anywhere as long as youre honest and trustworthy. Wardy thanked her.
Wow! I never realized it was that simple. Am I glad she set us straight. I wanted to walk up to the podium and add, And even if you aint honest or trustworthy, Ms. Blair, you can at least still be mayor.
To add insult to injury, in the newspaper the next morning, Lozano didnt mind clarifying how things really work: "Nobody's pushing it, he said of the committee. Everything is geared on pressure and who pushes the hardest. If you come here and talk, but don't push it, it's not going to happen." (http://www.borderlandnews.com/stories/borderland/20040915-169125.shtml
Someone should remind Lozano just how many times these folks have pushed it. In fact, theyve been pushing so long theyre probably exhausted.
Maybe Lozano is the one who needs to be pushedinto the same unemployment line the VF Jeanswear folks find themselves in. Wouldnt that be a sight for sore eyes?
Alejandrina Drews Leaving and the Culture Vultures Can Begin Circling
Between agenda items, Wardy made a quick announcement: I would like to recognize Alejandrina Drew she set the example for doing a lot more with less. Were gonna miss her and her programs and the things she created for this community we appreciate her very much and wish her good luck, he said.
September 10th was Alejandrina Drews last day at the City. Shes the woman who ran the Arts & Culture department for seventeen years and who was instrumental in starting programs like Music Under the Stars, the Día de los Muertos Festival, Alfresco Fridays and other great grassroots community cultural events.
Lets see how long it takes for the culture vultures to begin swooping in on her funding.
Consensual Events
More minutes for your perusal
3. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for Regular City Council Meeting of September 7, 2004 and Legislative Review Committee of the Whole Meeting of August 23, 2004.
(Attachment) - Regular City Council Meeting of September 7, 2004
(Attachment) - Legislative Review Committee of August 23, 2004
Tangled Up in Joy Pocket Blues
And Anthony Cobos, much to my dismay, was absent from this weeks Council meeting:
4. REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS: Mayor Pro Tempore Anthony W. Cobos
Could it be that the unwarranted joy pocket ailments are contagious?
Money for Nothin but the Chicks are Free
The next item was approved on the consent agenda with no discussion:
5P. That the Mayor be authorized to sign a Contract between the CITY OF EL PASO and LARRY E. ROMERO, to assist the Economic Development Department as a Business Retention and Expansion Manager at a biweekly rate of $2,115.38 for 40 hours per week. The term of the contract shall be for the period of September 14, 2004 through December 13, 2004. (Attachment) [Economic Development, David G. Dobson, (915) 541-4680]
I guess because Larry Romero, if you will, has been so successful at business retention and expansion in our community, his contract with the Economic Development Department has been extendedagain.
Speaking of that department what exactly have they done in the last year? Anyone? Anyone? Bueller? Bueller?
Lifes a Ditch
The following item was brought back from last week:
15. 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]
Im sure you recall that last week Vivian Rojas tried to bring resolution to a neighborhood issue thats been plaguing some folks in District 7. The problems stem from
the efforts of a landowner who is preparing his property for a used car lot. So far, he has put together a shoddy rock wall and dug out an illegal pit that has damaged the neighboring property owners irrigation ditches and caused them to lose some of their irrigation water.
Last week, Rojas asked the Building, Permits & Inspection (BP&I) department to do its job and prevent this property owner from doing further damage.
This week, Rojas began by telling Council that Its unfortunate, but this Saturday there was more damage done to the property there continues to be damage and violations and infractions caused to that property due to the poor construction and lack of enforcement issues.
The property owner had been ordered to demolish the rock wall and the problematic pit was supposed to be filled. I want to be sure that the City ordinances are enforced and this situation has gone from bad to worse, she said.
The same neighbors who were at the meeting last week were back again this week.
Laurie Cooper, who spoke last week and who is a property owner, showed Council some devastating photographs of the damage done by the offender.
The pit is so close to the property line that the water has caused a hole in their ditch and the water has seeped into his hole.
Water, Water Everywhere, While Expectations Sink
Cushing, whose comedic timing and sense of humor are as bad as his fearless leader Joe Wardys, remarked on the pictures and whispered, It looks like an arroyo. (Gee, I thought arroyos were figments of our imaginations, Bob. I guess they exist after all.) Cushings flippancy gives you an idea of the uphill fight Rojas confronts as she tries to help her constituents.
Lozano, who was extremely unsympathetic to the neighbors last week, was just as unsympathetic this week: Thats still your water and I have irrigation rights as well. Its my responsibility to keep my water in my canal its your responsibility to control your water in your ditch. If these poor people had been complaining that someone had slashed their tires, Lozano would be castigating them for not controlling the air in their tires. Air leak! Air leak! You need to control your air!
Im beginning to see a pattern here. We have Robert Cushing who has a bizarre compulsion to rename arroyos. We have Alexandro Lozano, who is irked by uncontrolled water. And we have Susan Austin who has to deal with how shall I put it...uncontrolled and unwarranted irrigation by the happy hour crowd in Kern Place. These reps have some serious water issues maybe its time for group therapy, boys and girls.
Cooper replied, Our water is controlled. The leak is not coming from my ditch. She said the Water District folks had come out and they understand the situation (which is a lot more than can be said about Alexandro Lozano) and she stated that she filed an incident report with EPPD.
Not only did the Cushing and Lozano dynamic duo not care about what these folks are going through, they fearlessly display their insensitivity in public. Way to go, boys!
Wardy, who was as unsympathetic as the two water freaks, responded, The issues that are being brought up today, with no disrespect to the parties, are probably gonna end up being sorted out in a court of law and not at City Council.
Rojas correctly responded, I dont see why because BP&I is there to enforce the ordinances of the City.
Wardy replied, Ms. Rojas, theyre not gonna enforce the ordinances of El Paso with you standing over their back. No, Joe, theyre not going to enforce them at all.
Rojas replied, And you know what, Mayor, I dont want to be standing over them but it seems thats the only way action has been taken, by me putting items on the agenda, by me making phone calls, I would prefer for them just to do their job. This will come as a shock to you, Joe, but Vivian Rojas is doing precisely what an elected representative is supposed to dohelping constituents who cant seem to get satisfaction from government. Isnt that what a self-described neighborhood mayor should do? Oops I forgot about that darned disclaimer (see next topic, below)!
Alan Schubert, Director of Building Permits and Inspections (BP&I) outlined a long history of violations by the property owner in question; even Mr. Let-them-fight-it-out-in-court Wardy described the continued violations and the Citys inaction as getting seven strikes instead of three.
The record that speaks from the chronology that you stated today is pretty crappy; I dont know what other word to use. Doesnt it make you proud to have such an articulate mayor?
Lozano, still angry that the poor would-be used car salesman was being asked to comply with the law, stated, You were mentioned that as soon as you got the notice from this property being used as dumpsite, you took action of course we need to find a solution and, uh, by citing this guy by fighting like this every week, its not helping... He then made the brilliant suggestion of having the residents buy the offenders property.
Then, in a complete logic turnaround, he began to complain about what little help hes received in the last year from BP&I regarding dumping at some lots on the 7200 block of North Loop (isnt that exactly what Rojas is arguing, Lozano?). Ive gotten no response other than we dont know who the owner is why are you going after this gentleman and not the other one? Just because you dont find him?
Vivian Rojas said she was frustrated by the lack of efficiency and professionalism in the departments and said there seems to be defiance on the part of the property owner.
Joe Wardy Is the Neighborhood Mayor!*
*Disclaimer: Mayor Joe Wardy is the neighborhood mayor for neighbors living in and limited to zip codes 79902, 79912 and 79932. The neighborhood mayor does not endorse, support, recommend or even recognize zip codes in other areas of the municipality and cannot be held liable for his disregard of or inaction with respect to any and all zip codes allegedly in existence east of Kern Place.
Once again becoming bored and irritated, Wardy announced, Okay, let me tell you how were gonna go from here. He clearly had had enough of this needless neighborhood discussion. He continued, Prior to September 1st, Ms. Rojas, the procedure is to come to my office to get enforcement action because these people [department heads] dont work for you. Thats the chain of command. Then pointing to Darth Vader er Jim Martinez, he said, Today they report to the City Manager. I suggest so that we dont get into these types of situations that you go sit down with the City Manager directly, convey your requests to him, and he is the mechanism today, the interim City Manager, for enforcement. And thats the way we have to go so that we dont fill up the agenda with these issues.
Right. The last thing we need is for the neighborhood mayor to have to deal with neighborhood issues. I mean, really! And the fact that this is the second time Rojas has had to place this on the agenda just doesnt give Wardy and his staff enough time to take action you know we gotta postpone this item again!
Rojas, who obviously did not get what she needed from her neighborhood mayor, reminded Wardy that Darth already knows the issues. I did speak to Mr. Martinez about this several months ago, she said.
Wanting to finish things off, Wardy said, Theres gonna be no thats our discussion on it.
Enemies: A Love Story, Part Deux
Then in a dramatic move, Rojas made a motion to rescind the zoning of the property and she cited the ordinance that gives the City the power to do so. This really set Wardy off. Bristling at each other, the former love mates Wardy and Rojas debated the language of the agenda item and the posting issues related to it. During this legal debate between the mayor and a City representative, our City Attorney, in classic fashion, said nary a word. She just sat and watched.
Hellooooo? Wheres that darned flashing GIVE LEGAL ADVICE NOW! sign? I looked around but doggone it, it still wasnt there.
Susan Austin had to jump in and navigate these murky legal waters for Elizondo. She said, Its been my understanding in the past that we could direct staff to come back to us in the future. Is that true?
It may not be legally permissible what shes asking or directing us to do, piped in Elizondo.
No, Lisa, thats not the answer to that question. Maybe she just had the wrong cheat sheet with her that day.
Because Austin didnt get an answer to her question, asked again, The question is, from a posting perspective, can a Council member, as a result of a discussion, ask staff to do something to bring back to us at a later date?
The answer was, of course, yes. (It took Lisa E. a while to get there.)
John Cook, who, at todays meeting, had to play the role of parliamentarian (for Wardy) AND City Attorney (for Elizondo), had been busy coming up with a solution. He recommended different wording for her motion and suggested the phrasing instead by that the City would look at the feasibility of rescinding the current zoning...that would be something that is probably within our power of whats posted on the agenda, he said.
Cook was absolutely right.
The neighborhood mayor, who seemed insistent on preventing the neighborhood folks from getting relief in their neighborhood about this neighborhood problem, said, I am the presiding officer, and I dont even think its appropriate to direct staff to do so at this time. He insisted that Rojas first talk about it with Martinez and Elizondo.
John Cook said, I disagree with you on that.
Wardy interrupted Cook and said, You can disagree, but Im the presiding officer.
I realize that, and you can always veto any action we take, but under enforcement you can rescind the zoning, and thats why I suggested that we direct staff to look at the feasibility of that, Cook replied.
Rojas made the motion as amended by Representative Cook; Cook seconded it.
Presumably annoyed that John Cook was much better at fixing problems than he was, Wardy replied, It is a complex issue and theres not an easy answer to this issue. Except that when your cronies need help, the answers always seem to be crystal clear, Joe. Interesting.
Rojas reminded Council that all the infractions and violations committed by the property owner have led to her desire to get some relief for the neighbors.
It was time to stop talking and take the votes. Supporting Rojas and the embattled residents were Susan Austin and John Cook. Voting against the neighbors were Lozano, Cushing and Escobar. It was a tie.
How would the neighborhood mayor vote? Would he support these neighbors, who have been dealing with this scofflaw neighbor for three years or would he vote to delay Rojas efforts again? Take a wild guess, dear reader!
Naturally, the neighborhood mayor voted a firm no, breaking the tie and forcing the neighbors to have to continue to wait that much longer for relief.
Before moving on to the next item, Vivian Rojas warned Wardy, This will continue to be placed on the agenda if action is not taken.
Wardy called out, Ms. Rojas, youre out of order. I guess when love goes bad, it really goes bad.
And that, my friends, was that.
Money Pit
The next item should have come as good news to most folks:
17. Discussion and action that the Mayor and City Council approve the Program Manager`s parks contingency allocation plan as outlined in P+3's Program Outlook report dated August 12, 2004, attached, as ratified by the Bond Overview Advisory Committee (BOAC) on August 17, 2003. This is a 2000 Quality of Life Bond Project. (Attachment) [Perspectiva + 3D/I (P+3), Juan Contreras, (915) 225-3449]
Juan Contreras, the Program Manager for the 2000 Quality of Life bond projects spoke and said they had identified $2.7 million in contingency funds that could be used on various park projects assure the original [project] scope was met. He noted that staff found a total of $2.9 million to be used on other park projects. He stated that they have $250,000 left to be used as a contingency.
I wonder if they found that big bag o money under Jims desk!
Contreras then asked Council to allow them to move funds into the projects as the designs get completed.
The item was approved; the only person voting against using this money was Cushing. Wonder how his constituents feel about this. If they care, they should make their voices heard.
Wastin Away Again in CityCouncilVille*
*For complete CityCouncilVille lyrics see my 3.16.2004 notes (click on link and scroll to bottom):
http://www.newspapertree.com/newsletter.ssd?section=feature&c=92466c834ac24cfa
The following item came up near the end of the meeting:
20C. An Ordinance changing the zoning of Parcel 1: Tract 16E, 16E2, 16H2 and a portion of Tract 16H, George L. Wilson Survey No. 91, El Paso, El Paso County, Texas from R-5 (Residential) to C-4 (Commercial); and Parcel 2: Tract 16A and a portion of Tract 16H, George L. Wilson Survey No. 91, El Paso, El Paso County, Texas from R-5 (Residential) to C-2 (Commercial) and imposing certain conditions. The penalty being as provided in Chapter 20.68 of the El Paso Municipal Code. Applicant: Arturo Munoz. ZON04-00081 (District 8) (Attachment) [Planning, Research and Development, Fred Lopez, (915) 541-4925]
Wardy immediately announced, Council, Im gonna ask that since Representative Cobos is not here
Escobar interrupted and said, Postpone for one week.
Richarda Momsen reminded Wardy that There are two members of the audience who are here to speak on this item; Im just pointing that out. And Id like to point out that those two folks had to wait two and a half hours just to have Wardy announce that he wanted to postpone the item.
Responding to Momsens announcement, Wardy said, I would prefer that we have the discussion when the representative is here Im sorry that theyve waited, but Representative Cobos is not present.
Yes, and you knew that little fact at the beginning of the meeting there, Joe. Why Wardy didnt do this during the revisions at the beginning of the agenda, well never know. I guess the neighborhood mayor thought these neighborhood folks had nothing better to do. Well, hes the presiding officer.
If Only I Could Be a Fly on the Wall
Discussed during this weeks private executive session were the following two items:
21F. In the Matter of a Court of Inquiry, Cause No. 20040D00188 (551.071) [City Attorney's Office, Michele Little Locke, (915) 541-4550]
21G. ASARCO Incorporated Air Quality Permit No. 20345; TCEQ Docket No. 2004-0049-AIR. (551.071). [City Attorney's Office, Lisa A. Elizondo, (915) 541-4550]
Wonder what interesting discussion took place in that secret room the Council and their attorneys go to. Well never know.
Silence Like a Cancer Grows
Readers of your old friend Sids column know that I told ya so you knew long ago that the fix was in for Jimbo and his Jumbo salary. It reminds me of that great verse So it shall be written, so it shall be done.
Can we reverse the course were on? Of course we can. The question is, what will you do? What course of action will you take? Unless there is a demand by the populace that this cronyism ends, unless there are consequences, it will continue.
Until next week, my dear friends. Peace out!