9.21.2004

Holy mole, dear reader! This week Luther Jones, Carl Green and Bobby Bowling’s alter ego were all in Council Chambers to ensure that their boy Jimbo got his Jumbo salary. Their presence creeped out this columnist but ensured that the City Representatives they own voted in the right way.

Trust and Fairness: An UN-Natural Occurrence

The first item to be discussed was a public item placed on the agenda by Ric Schecter, a local activist and someone who makes time to address Council on issues important to him:

1. Discussion and Action on a Resolution to rescind the August 31, 2004, Resolution establishing a six person ad hoc committee on (what is commonly referred to as) Arroyo Preservation. (Attachment) [Richard Schecter]

Arroyos have been a popular topic of discussion lately, and it’s all been a result of greed. The Resler Arroyo issue, which recently came to a head, was all about the battle between development and preservation.

Representative Robert Cushing, after making a laughable fuss about what to call arroyos—since in his mind, they don’t really exist—created a committee to research and create policy that, most folks hoped, would strike a balance between the developers and the folks who want to preserve these desert treasures.

Schecter began discussion on his item by stating, “My issue here is one of trust – between the Council and mayor and citizens of El Paso…there seems to be an increasing feeling…that trust between the City Council and the mayor has eroded.”

Schechter was referring to the fact that Cushing’s committee was made up of city staff and developers and there were absolutely no neighborhood groups involved or invited to participate on the committee (http://www.borderlandnews.com/stories/borderland/20040921-171673.shtml). Schecter referred to the fact that the agenda item creating the committee specifically mentioned private and public involvement, and Schecter described it as a “non public committee.” He asked Council to rescind its previous action, recreate the committee and include representation from the neighbors as well. He called this “an effort to repair the trust.”

Cushing, shifting focus from the developer-stacked committee back to his obsession with arroyos, said, “You mention the word ‘arroyo’ and based on the U.S. Geological survey, there are no arroyos…I don’t think either you or I are in a position to make a clear scientific decision on that [naming the arroyo arroyo].”

You gotta love it. Cushing, a yankee not from around these parts, believes it’s up to him to school us ignorant fronterizos about the fact that arroyos don’t really exist. Apparently, they’re just figments of our collective imagination. The arrogance and stupidity of the man is breathtaking. It’s no wonder that Cushing is such a big fan of Jim Martinez.

Cushing, defending how he defines “private and public” participation, claimed that he fulfilled those definitions in the makeup of the board: Private involvement is coming from the developers and public involvement is coming from the City staff.

Schecter argued that “public” should mean the public at large, not city employees, whom he said should support the committee’s work, but should not be a part of the committee.

In a truly snappy comeback, Cushing said, “That’s your opinion, okay?”

Naturally, the neighborhood mayor never stepped in to advocate on behalf of the neighborhoods. He just sat back and watched the exchange.

The person who did step in was Cobos, who scolded Schecter for claiming that the community is losing trust with Council. He proudly stated that the Coronado Neighborhood Association believes that he is representing them well and trusts him. He argued against adding neighbors to the committee and claimed that the City Representatives are representation enough (though the City Reps do not serve on the committee). He called Schecter’s request for inclusion taking “two steps back.”

Susan Austin agreed with Schecter and wanted to involve neighborhood folks. “What we are doing right now is we’re bringing the developers to the table…by the same token, I believe it is appropriate…to bring the other side to the table. Rather than rescind the agreement, it would be my proposal to add neighborhood representation to this committee…I would move that we add two neighborhood representatives and work through the Neighborhoods First coordinator to add those two representatives,” said Austin.

Cobos fell back on the same argument Wardy has been using week after week to stifle progress on Vivian Rojas’s issues and argued that they couldn’t take action on the item even if they wanted to because it wasn’t properly posted. Pulling yet another Wardy maneuver, Cobos further told Schecter to first meet with his City representative.

Austin promised to help Schecter.

Revisions Drama

The revisions to the agenda usually happen immediately after the public items and it is the point at which Council members, staff and the public ask for items to be postponed, deleted or taken off the consent agenda and moved to the regular agenda. It’s very routine and usually uneventful. This Tuesday, however, there was drama and it all revolved around Vivan Rojas’s items.

Cobos was reading into the record the fact that Alexandro Lozano wanted to take item 35A before 28G (items to be listed and discussed later in the column); Representative Rojas took issue with the fact that Cobos was recording it as Lozano’s request when the issues were regarding her district and she had asked for the same thing. She also asked that item 1 on the additions be moved to the forefront. Then George Sarmiento, Director of Planning, announced that he wanted to postpone 35A for one week.

Rojas wanted to know why and he said, “This is a moving target…and we don’t have a proper plan.” Rojas bristled and said that that contradicts BP& I Director Alan Schubert’s memo, which stated that enough time had been spent on the issue. Schubert came to the podium and said, “The plan submitted is not exactly compliant with the code.” A justifiably angry Rojas, who has been jerked around week after week by Wardy and the City staff said, ”We need to move forward and I am not going to postpone this item any further.”

When she wouldn’t postpone the item, Lozano decided to try to do it. He quickly made a motion to postpone it for one week and Cushing—Wardy’s most reliable minion—seconded the motion. Thankfully, Lozano’s motion failed, with Austin, Cobos, Rojas and Cook voting against postponement.

Lozano never explained the need to postpone the item, but then he didn’t really have to, since he’s made very clear his unhappiness with the presumptuous idea of making this businessman actually comply with the law. Besides, after Cushing, he’s the most reliable Wardy brown-noser on Council.

Minutes Turning Into Hours

Before we get to the juicy parts of the meeting (which happened hours and hours after the meeting began), let’s cover the housekeeping. Approved on consent were minutes from Council two weeks ago:

8. APPROVAL OF MINUTES:[Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of the Minutes for the Regular City Council Meeting of September 14, 2004. (Attachment) Minutes for Regular City Council Meeting held on September 14, 2004

The Dynamic Duo

Also approved on the consent agenda:

10J. A resolution appointing Council Representative Robert A. Cushing, Jr. as member of the Transportation Policy Board from The City of El Paso, Texas, for the Metropolitan Planning Organization, for the El Paso Urban Transportation Study Area. (Attachment) [Mayor Joe Wardy, (915) 541-4145]

Those poor MPO people! I’d like to take this opportunity to apologize, on behalf of the community, for the fact that they’ll have to deal with the king of pomposity and chief Wardy Rubber Stamper himself. Don’t forget, MPOers…Mr. Cushing is an expert on virtually EVERYTHING. And be sure to have an empty receptacle nearby for his random and unwarranted acts of spitting.

Here’s another appointment I feel a deep compulsion to apologize for:

10K. Resolution removing Dan Power from and appointing Jose Alexandro Lozano to the El Paso Housing Finance Corporation Board of Directors. (Attachment) [Mayor's Office, Laura Uribarri, (915) 541-4145]

Any Takers?

Okay, folks, here’s the announcement about District 5 and the date it’ll be on the ballot.

10M. That the Mayor be authorized to sign a resolution for the appointment of election officials for the special election in the City of El Paso of a District Representative for District No. 5, on November 2, 2004. (Attachment) [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]

Let’s try and get someone good to run. Please.

Chopping Block

Also approved on consent was yet another staffing table change. A Secretary I position was being deleted, but just whose position it was, I could not tell:

15. STAFFING TABLE CHANGE: Mayor & Council

Delete 1.00 Secretary I GS 13 (Attachment) [Mayor & Council, Joe Wardy, (915) 541-4145] Fund Source: 01010014-01101-01000

From Dusk ‘till Dawn: Luther’s Back!

Back from last week’s agenda was the site development plan for a used car lot in District 7. As a reminder, this is the property that has been creating headaches for adjacent residential property owners:

35A. Resolution approving Detailed Site Development Plan No. ZON04-00070, for Tract 23 B, Block 29, Ysleta Grant and Tract 8H, Block 33, Ysleta Grant, El Paso, El Paso County, Texas (131 South Yarbrough Dr.) pursuant to zoning conditions as imposed by Ordinance No. 014916. The Penalty being as provided in Chapter 20.68 of the El Paso Municipal Code. Applicant: Ricardo Olague. (District 7) (Attachment) [Planning, Research and Development, Jorge Rousselin, (915) 541-4723] POSTPONED FROM 09/14/04

Before any discussion began, Cook immediately asked to go into Executive Session to get legal advice on all items. Rojas objected, but Cook reassured her that all he wanted was to get the legal advice before any votes were cast.

While Richarda Momsen, the Municipal Clerk, began reading the items into the record, I suddenly felt a cold chill come over the room. The room got darker and suddenly I got a whiff of . . . sulfur?

Just then, I saw a rare event during daylight hours: None other than Luther Jones strode into Council chambers (he seemed to be squinting, as if the light hurt his eyes). He had a quick chat with Cushing and said hello to Cobos.

As he walked back to towards the audience, I noticed that instead of a briefcase, he was carrying an interesting man-purse. That made me wonder…could Luther be a metrosexual? Hmmm. And I also wondered, could that quick chat have been about Darth?

During the half-hour executive session, David Crowder (from the El Paso Times), Jones and Ray Gilbert were chatting. Because I haven’t practiced my lurking (maybe Jimbo can give lessons on the weekend—if I can afford his hefty hourly fees), so I didn’t slink over to eavesdrop.

When Council returned, Lozano immediately announced, “I’m, uh, making a motion to deny or delete [item 35A].” He got no second.

Rojas shot over a perplexed look at him.

After the motion failed to get a second, Rojas showed a damning video of the disaster that the property in question has become. Anyone who saw this video should have been outraged at the violations by the property owner; a huge gaping hole in the ground filled with stagnant water, an eroding ditch and a half-built rock wall were just the most egregious violations.

Instead of finally being moved by the evidence, Robert Cushing once again decided to be the biggest putz he could be and show absolutely no sensitivity to the neighbors. He remarked (again) that the damage and erosion “looks like an arroyo” and chuckled. This wasn’t funny the first time, Bob; it’s not getting funnier with time. Trust me.

Life’s a Ditch Redux

The Director of BP&I Alan Schubert again went over the violations and the citations issued to date. He said that if the City wants any relief when it comes to the shoddy wall, they’d have to undergo a 45-day process.

Cobos announced that if no resolution could be reached by all parties involved within half an hour of the meeting, he’d support postponing the item.

The discussion shifted from the wall to the pit.

If Life is a Bowl of Cherries, What am I Doing in the Pits?

A staff member from Engineering said the property owner promised to fill the pit within the week, but if the site plan is approved, he’d dig the pit up again because for some reason that was not explained, the pit is an integral part of his site development plan.

Cobos said that he thought the discussion should focus on the site plan.

An irritated Joe Wardy announced, “We have hashed and rehashed these issues for three weeks…we are not gonna spend all day on these two items.”

Rudy Valdez from the Planning Department described the site plan and informed Council that there is lots of opposition despite the fact that the Development Coordinating Committee and City Plan Commission recommended approval.

Rojas informed Council that the bottom line for her and the neighbors is that the rock wall the property owner constructed along his property line would have to be moved away from the banks of the irrigation ditch because, according to Rojas, the wall is cutting into the bank.

“You know, it amazes me what I’m hearing today,” complained Lozano. He said that if the wall is moved in from the property line, the neighbors will eventually push the ditch closer to the property line. He closed by saying, “and I’m surprised that the City Attorney is not getting involved and stopping this nonsense.”

While he said that, Lisa Elizondo, the City Attorney, sat staring at her computer screen. That’s right, Mr. Lozano, and she’s the City Attorney you voted to hire and have such abiding confidence in!

Fermin Dorado, the representative for the applicant, complained that Representative Rojas and the neighbors were asking for too much.

Before the public comment began, the neighborhood mayor told the neighbors to keep it short.

Anna Dueñas, representing the El Paso Lower Valley Neighborhood Association, was there to support her fellow Lower Valley residents. She said she had been to the property (131 Yarborough), described the problems caused by the property owner, and said, “I think that with all these violations that this property has, he should have been cited by now.”

Wardy stopped her and told her “We have debated the issues of that ditch and that hole for three meetings…so please keep your comments to the site development plan.” She told him the neighborhood associations opposed the plan.

And Though the Holes Were Rather Small, Lozano Had to Count Them All

Another man, Mr. Espinoza, spoke and detailed all the oil dumping that is happening on the property and expressed his concern that the irrigation water in the ditch was being contaminated. Wardy cut him off and told him to stay on topic (the site plan). Espinoza was allowed to finish and in closing he said that the CPC had originally denied the site plan, but Alexandro Lozano walked into the August 5^th meeting and asked that they reconsider their denial.

“You brought my name on,” said Lozano. “Of course, you know, um, everybody has a right, residents as well as business owners, and it’s a shame that Mr. Olague [the scofflaw property owner] and you all have been into all this mess. It’s been three years in the making and, you know, all we’re trying to do here is trying to find a solution to this mess. And I went to the site and there’s no oil spill, okay. And also on the water, he was required to make that ditch, that hole…that’s part of the site plan, he’s gonna have one. It’s not gonna be filled, I would like to see that hole filled…I’m against all these little holes.” Me too, Al, but at least you now know how many holes it takes to fill the Abraham Chavez Theater hall.

Laurie Cooper, an affected property owner who has been to Council three weeks in a row, corrected Lozano and said, “Mr. Lozano, he wasn’t required to build that pit, so let’s get that clear.” She listed the reasons they are all opposed to the site plan, and those reasons included the property owner’s long list of violations. “I understand your frustration on this,” she said to Wardy, “you’ve been listening to this for three weeks, but I’ve been dealing with your staff since March.” I wanted to tell Ms. Cooper, who was obviously made to feel she has to apologize for bothering Wardy with these neighborhood issues, that it’s his job to listen!

Maria Reyes, another concerned resident, detailed the non-compliance of the property owner. Wardy interrupted her as he had the other speakers. Clearly annoyed, he said, “We agree that there were violations…BP&I issued permits when they shouldn’t have.”

Rojas read a letter into the record from Debra Gomez & Joel Gomez, another set of affected neighbors who documented the fact that they were approached by Olague with a model of what he wanted to build that included a house, a car lot and a playground. His plans now, they say, are very different. Back in 2001, when the zoning change was approved, then-representative Luis Sariñana and the property owner misled the neighbors.

Why doesn’t that surprise me?

Joe Wardy a/k/a Prince Valium

Lisa Turner said, “You have a mess…You do need some adult supervision from time to time.”

“It’s called valium,” replied Wardy. Whatever that meant, I couldn’t tell. Maybe Joe Wardy and Robert Cushing, who fancy themselves witty men, should take their comedy act on the road. There’s an idea!

Rojas finally cut to the chase and was about to make a motion. She began by citing all the violations, and as she was reading her motion, Wardy was trying to rush her through it, and then Lozano tried to interrupt her and shouted, “I’d like to make a motion to postpone!”

Ignoring Lozano (as many people would like, but are unable, to do), Wardy complained, “Make your motion, Ms. Rojas, we’re tired.”

Rojas made the motion to deny the site plan on 35A, Austin seconded it. Before the vote could be taken and despite the fact that this motion was on the floor, Lozano asked to have the item postponed and, naturally, Cushing seconded it.

During this rules of order chaos, I couldn’t help but wonder where’s the City Attorney? Where’s our hot-shot interim CAO, the guy who could be making a million dollars a year in the private sector but who graciously deigns to honor us with his wonderfulness in city government? Why doesn’t somebody try to assist Council members through all this?

The vote was taken on the postponement, not the motion to to deny, and voting against the postponement were Austin and Rojas. The motion passed.

Cobos immediately then made a motion to delete item 28G and item 1 on the additions:

28G. Discussion and Action authorizing the Planning, Research and Development Department to initiate and process a rezoning application to rescind the zoning for 2.162 acres locally known as 131 S. Yarbrough Drive and legally described as a portion of Tract 23B, Block 29 and Tract 8H, Block 33, Ysleta Grant, El Paso, El Paso County, Texas from C-3/sc to C-1/sc, consistent with the terms and conditions of the Ordinance 014916. [Representative Vivian Rojas, (915) 541-4108]

1. Discussion and action on health, safety, welfare, environmental, 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. (Attachment) [Representative Vivian Rojas, (915) 541-4108]

Austin then mysteriously stated, “Without prejudice, aye.” Everyone but Rojas voted to delete the two items. No one felt prejudice but Rojas and the poor neighbors.

Taxing My Patience

Those of us who foolishly believed that the whole tax debacle was over were treated to a whole new ballgame this week in the following two items:

34. PUBLIC HEARING - FINANCIAL AND ADMINISTRATIVE SERVICES: An ordinance levying 2005 taxes. (Attachment) [Financial and Administrative Services, William Chapman, (915) 541-4011]

6. Discuss and take action on the proposed City of El Paso 2005 Tax Levy, it's 2nd corrected notice of effective tax rate and it's failure to properly inform the tax payers of the true financial condition of the City. [Ray E. Gilbert, Jr.]

Earlier in the meeting Cobos had asked to take item 34 together with Gilbert’s public item, number 6.

Bill Chapman, the City’s Chief Financial Officer, began the discussion on these items by stating that this year’s tax rate for the debt service fund is .197733 and the M&O rate is .519844. The total is .717577 and that total is lower than it was for FY 04.

Cushing complained that the numbers Bill Chapman has been publishing (there have been three corrected notices published) have been changing.

Chapman explained that in Ray Gilbert’s opinion, the public notice about the tax rate should include all the money currently held in reserve in various accounts for other departments. Chapman, claiming that he wanted to err on the side of giving more instead of less information, decided to republish the rate per Gilbert’s interpretation.

Wardy, who only happens to be the mayor, seemed to be way out of the loop. With a hint of irritation, he asked, “Under whose authority?”

Under Elizondo and Martinez’s authority, replied Chapman. Doh! Sorry, Joe, but while you’re out cutting ribbons, who knows what your legal dynamos are doing to the City.

Robert Cushing asked exactly what I was wondering: “You’re now telling us that because a private citizen came to you, what you believed to be your professional opinion three or four weeks ago has now been changed by what has been discussed with a private citizen?”

Chapman explained, “I believe it’s better to err on the side of over information, and it doesn’t change the debt service levy or the M&O rate for the City.”

Cook, who I’ve been told worked over the weekend with Gilbert on the budget, said, “What this tells us now is that it is actually possible for us to achieve the effective tax rate if we want to use some of that money, which is unsecured, unencumbered fund balances.”

Chapman warned against it saying, “It’s an option I wouldn’t recommend because you’ll be impacting Sun Metro’s funds and others’ funds. It’s needed for those funds in those particular types of enterprise funds to be able to use in the future. Yes, technically, it’s there. Would I recommend it? No,” said Chapman.

Susan Austin then launched into an excruciating Q&A with Bill Chapman that is much too painful to reproduce here. Suffice it to say that she asked some hypothetical questions and then asked some of the same ones over and over and over and over. Zzzzzzzzz.

Then Lozano announced, “You know, uh, according to my calculations, I show $47 million in balance…that money you’re saying we shouldn’t use.”

A perplexed Bill Chapman responded, “I’m not sure where you’re coming up with the $47 million.”

“Well, that’s what I’m saying,” replied Lozano.

Huh?

Ray Gilbert spoke and read into the record an excerpt from a Texas Supreme Court decision (his truth in taxation lawsuit against Thomason) and said, “I know that you have approximately $50 million of debt money in the bank and your interest on that shows zero. I know in the past you’ve always had more than $16 million in reserve…you’ve always had a lot more cash unencumbered than anything’s been shown.” What he was recommending was taking money out of those various reserve accounts for different departments.

Gilbert instructed Council, “Take more money into your M&O…and take your general fund…back up to the effective tax rate, take your debt levy, pay it out of your surplus…and do somethin’ we can be proud of here.”

A chapped Bill Chapman warned Council yet again, “All these other pockets of funds are used for the various different funds we have; you can do that, but it’ll effect the money you’ll need to operate all those other funds…Gilbert’s theory is correct, but I can’t recommend it.”

Gilbert then authoritatively and indignantly pronounced that the city wasn’t taxing for future years, “you’re taxing for this year.” This got an audible assent from Cook.

Wardy, who clearly was not pleased with Gilbert’s recommendation, said, “Some of you don’t plan to be here next year. If you take a very, very short sighted effort on this it creates a burden on future Councils to make up the difference…we’re trying to smooth these things out a little bit…so we don’t burden future Councils.”

Gilbert, unhappy about Wardy’s unwillingness to go along countered, “Apparently the tax and spend is back…you’re not taxing to aid other Councils.”

El Bandido: The Tax Rollercoster

Folks, my gut was hurting. I’m sure most of you fondly remember the 11.8% tax increase from a few years ago, an increase that was a result of previous administrations’ unwillingness to raise taxes little by little. When government refuses to act prudently and responsibly, someone’s gotta pay the piper at some point. In my humble opinion, the Ray Gilbert strategy is exactly what got us an 11.8% increase in 2003.

I really hate to say this, but on this issue Wardy is absolutely right. The counterplay between Gilbert and Chapman reminded me of the classic fable of the ant and the grasshopper. The grasshopper criticizes the ant for “toiling and moiling” when he could play like the grasshopper. “I am helping to lay up food for the winter,” replies the ant. “Why bother about winter?” asks the happy-go-lucky grasshopper. We all know what happens in the fable when winter comes along, don’t we, dear reader? Ray Gilbert was saying, in effect, why bother about future years, Council? All that counts is this year. No, Mr. Gilbert, you could not be more wrong. We don’t just tax for “this year.” This is an incredibly short-sighted and irresponsible approach to public fiscal policy.

Hector Zavaleta, the City’s financial advisor from First Southwest, issued his own warning.

Zaveleta explained that in order to generate enough money to pay off outstanding bonds, the City needs that small increase. “If you decrease the…tax rate by 2 cents, you’ll have to generate more money this year and next year and each year after that,” he warned. “That money is gonna have to be found next year as well. Either next year your’re gonna have to have a substantial tax rate or you’re gonna have to find the money from your M&O dollars…every single year for the next 20 years.”

Austin, who seemed to have taken heed of the two separate warnings, made a motion to accept the recommendations by staff. No one seconded the motion.

“This is an extremely difficult decision,” said Cobos, and he then made a motion to amend the ordinance in order to set the M&O rate at .524662 and debt service at .172015 for a total of .696677. “The only taxing entity in El Paso to keep the tax rate the same,” he said.

Cook seconded the motion, and Council (including Susan Austin, who always ignores her gut and blows with the prevailing wind) disregarded the advice of the City’s Chief Financial Officer and their independent Financial Advisor, and adopted the motion unanimously.

Gilbert thanked Council.

Later that evening, Wardy confessed to a local news station that he would consider vetoing Council’s decision. But faced with breaking his “no new taxes” campaign promise, he made the popular, not the responsible, choice. In so doing, he is simply delaying the inevitable—leaving it to future administrations to do the responsible thing (http://www.borderlandnews.com/stories/borderland/20040924-172931.shtml). The truly sad thing about Wardy is that even when his instincts are correct (which is rare), he lacks the courage of his convictions.

Even the El Paso Times, a big-time Wardy supporter, was critical of the switcheroo (http://www.borderlandnews.com/stories/opinion/ourviews/20040923-172450.shtml).

In an El Paso Times blurb later in the week when Wardy announced he would not veto the vote, Wardy promised a 22% tax increase next year. Ouch!

You Cannot Serve Two Master Planners

Back from last week were the land studies for property near the Franklin Mountains on the far west side and the northeast part of town:

30A. 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) POSTPONED FROM 09/07/04 (Attachment) [Planning, Research and Development, Fred Lopez, (915) 541-4925]

30B. 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) (Attachment) [Planning, Research and Development, Fred Lopez, (915) 541-4925] POSTPONED FROM 09/07/04

30C. 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 of U.S. Highway 54 and East of the Franklin Mountains State Park in the Northeast Planning Area; and that the Planning, Research & Development Department be authorized to accept and process such application. (District 4) [Planning, Research & Development, Rudy Valdez, 541-4635]

30D. 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 of U.S. Highway 54 and East of the Franklin Mountains State Park in the Northeast Planning Area; and that the Planning, Research & Development Department be authorized to accept and process such request. (District 4) [Planning, Research & Development, Rudy Valdez, 541-4635]

Rudy Valdez from the City’s Planning Department explained that item 30A was a land study for 1,850 acres of land bisected by Trans Mountain Road; the land study is seen when developing large pieces of land and is the initial step in the development process and also before zoning is approved.

Item 30C was another land study for 5,800 acres in northeast El Paso, proposed to be master planned by EPWU.

Items 30B & 30D initiate changes to City’s major thoroughfare plan.

Representative Susan Austin, who last week was apprehensive about approving the land study for 30A, which is in her district, wanted to know if the City Plan Commission would have the authority to reject the land study or add certain conditions (like creating more or fewer open spaces, for example).

Rudy Valdez said that in the planning and development process a land study is conceptual; the more technical information comes later during the creation of subdivisions and zoning.

Austin, who seemed to be concerned about the fact that the City Plan Commission (CPC) could alter the plan, wanted Council to have final say over changes to the land study.

Wanting confirmation for her suspicion, she said, “If we send it to CPC with the string that it has to come back to us, then it’s not a land study.” Matt Watson, an Assistant City Attorney agreed, and reminded her that by law, the CPC has final authority over land studies.

Austin said she was “trying to find the vehicle by which we can bless this plan on the merits…that’s what I’m looking for.”

Cobos, apparently trying to be funny, took a page from master humorist Robert Cuishing’s (very thin) book of humor and asked if there were any arroyos in the large chunks of property. (I wonder what that book of humor is called…maybe it’s something like “1001 Ways To Create Arroyo Hilarity.” I think someone needs a refund!)

Rudy Valdez, who was trying to be serious, said there were numerous arroyos. Cushing of course then had to interject to correct the yokels (and add his own special brand of non-humor), gleefully pronouncing that “arroyos” were in fact “natural occurrences, water conveyance channels” (the man is on a mission, I tell you!).

The next person to speak was Stuart Mitchell, from the Arroyo Mountain Neighborhood Association (this association clearly did not consult with geological guru Bob Cushing before choosing their name). Mr. Mitchell said he was concerned that major policy decisions are being passed to others without knowing for certain if they will have control over the decisions later. He also expressed concern over what he called a “rush to judgment,” especially in light of the fact that Valdez informed Council that there are lots of arroyos in the property being prepared for development. “Most of us know what an arroyo is,” he said. (Take that, Bob Cushing!) He asked that they defer action on the plan until they have a clear idea of what they are protecting and what arroyos are.

The motion was made to postpone items 30A and 30B when Richarda Momsen told Council there was one more person who wanted to speak: Ric Schecter.

“Please be brief,” Wardy told Schecter, “We’re in pain here.” You got that right, Joe.

“I’ve been here as long as you have,” said Schecter.

“I’ll trade chairs with you any day,” replied Wardy. There’s a lotta people who would love to have you trade you out of the mayor’s chair, Joe. And I’ll take Ric Schecter over you any day.

Once Schecter expressed his concerns, the vote was taken and the motion to postpone items 30A and 30B for four weeks passed unanimously.

Cobos wanted to postpone the northeast items (30C and D) as well, but Cook said his items were ready to go.

Unlike the west side development, explained Cook, none of the northeast land being master planned is on the mountain. “I’ve taken great pains to make sure this master plan does not desecrate the mountain…and will preserve the state park...I’m very comfortable with this development.” He further explained that there are 550 acres that are awaiting development on flat land for military that will relocate to El Paso.

Cobos insisted on lumping the northeast plan with the west side plan and wanted to postpone the items affecting Cook’s district along with those affecting Austin’s.

Cook moved to approve items 30C and 30D. He did not get a second.

Cobos moved to postpone them for four weeks and Rojas gave him a second. Wardy, Cook and Ray Adauto (from the El Paso Association of Bowlings – er – Builders) pressed Cobos to reconsider, so Cobos yielded and withdrew his motion to postpone.

Cook’s initial motion to approve items 30C and 30D was seconded by Cushing. Austin abstained, Rojas voted no, but the motion passed.

Oh, the Inequity

Finally, near the very end of the very long seven-hour meeting, were the items that I hoped would provoke the most debate:

17. Appointment of Jeffery W. McElroy as Assistant City Attorney effective October 11, 2004. (Attachment) [City Attorney's Office, Lisa A. Elizondo, (915) 541-4550]

18. Appointment of Lisa Aceves Hayes as Assistant City Attorney. (Attachment) [City Attorney's Office, Lisa A. Elizondo, (915) 541-4550]

19. Appointment of James A. Martinez as Assistant City Attorney effective October 11, 2004. (Attachment) [City Attorney's Office, Lisa A. Elizondo, (915) 541-4550]

Wardy began by asking what the start date would be for Lisa Hayes would be, and Elizondo told him that she had started that day.

Before anyone could ask any questions on items 17 and 18, Cushing quickly made a motion to approve.

Lozano asked what their salaries would be and she said McElroy will be paid $91,667.70 to manage the Community Development legal work and Hayes will be paid $65,000 for code enforcement and environmental legal work.

Austin wanted to know if McElroy would be able to handle more than just one department, and Elizondo indicated he would in the future.

I sure hope so, folks. Mr. McElroy is being paid a little over $91,000 per year to handle ONE DEPARTMENT! Here’s something for you to think about. Another of the Assistant City Attorneys has been handling 20 departments (yes, that’s right, 20 out of 32 departments!) for remarkably less money. I guess that particular attorney has gotten tired of the inequity because she has tendered her resignation.

Hayes and McElroy were both sitting in the audience when Council unanimously approved their appointments. Once the vote passed, the two got up and greeted Council.

While Hayes and McElroy shook hands with Council, David Crowder from the El Paso Times was trying to photograph Jim Martinez, who said, “Can I hide my chin?” Sorry, Jimbo, but there are some things you just can’t hide, and your chins are the least of your problems.

Lozano laughed and said, “Put a wig on.”

Setting Up the Set Up

Elizondo then nervously began her primitive power point presentation.

Elizondo announced that on item 19, “I’d like to back up a little bit and provide Council with some of the background on how this position incepted.” There’s more of that Barbie Book Vocabulary, for all you novices. Sorry, Lisa, but “incept” is not a verb. I know you think it sounds impressive and I’m sure you’re hoping that such high-falutin’ non-words will hide your incompetence, but it ain’t gonna work. Maybe you should un-transact that book back to Toys ‘R’ Us and get yourself a dispayment!

She continued, “The press coverage was not nearly what we would have wanted.” Poor Lisa, that darned media. Who told them they can report on events and information pertinent to our pocketbooks?

She continued, “Our objective is to provide quality legal services…the primary focuses [sic] for me was to strengthen our litigation department…it has been a targeted area for improvement under my leadership.” (I almost coughed up a lung when she called what she does at the city “leadership.”)

She then launched into what she called “misperceptions.”

“This is not a new function for the City Attorney’s Office…this has traditionally been handled in house…this is not a new position…this is not an increase in funding.” She made this statement with great emphasis. It is important for the reader to remember this statement. Its importance will be clear later on.

Trying to defend the Martinez appointment, she said, “Two components to this appointment that I perceive as controversial: The salary and number two is the selected individual…this is the person that is responsible for risk management…that person can win and lose thousands and thousands and thousands of dollars for the City.” Sorry to say, but she should know about losing money – millions of it – for a client. That’s why she’s being sued for malpractice.

“We have identified key positions such as this one where we deemed that it is very important for the city to market itself and recruit qualified candidates, “ she argued, “This is not a position that is not relegated to supporting 1, 2, or 3 departments…this will support all City departments.”

“We decided that we can integrate and consolidate what were three existing litigation positions, and this is our proposal to Council…our budget that you passed reduced our full-time employees from 44.7 to 38.9, a difference of nearly six employees.” I couldn’t help but wonder if those six employees were the talented lawyers she fired or drove out of City Hall.

“What allows us to do this is look at unique opportunities such as this and to take a very different approach from what this department experienced in the past. One of the things we need to consider are market factors to consider this position. It is not unusual for doctors and lawyers to be the highest paid professions in this city…to make more than their administrators. This is a cost savings of $150,000 to the citizens of El Paso…this is only a $30,000 increase from the position previously held by Ms. Gordon.”

That Is So Totally Unexcellent!

She said that the salary was approved with the 2005 budget and cannot be changed.

She also bragged about reducing her budget, and I was hoping someone would ask if that “decrease” was tallied before the hundreds of thousands of dollars were paid out to Carl Green. I believe that if those invoices were added into her budget, she would be seriously over-budget (or in Lisa-speak, she has “deficited” the budget).

She defended her posting of the position and said she advertised it in the El Paso Times two Sundays in a row, in the El Paso Bar Association Bulletin and on the City’s website. She received 14 resumes for two positions; only three applicants met the minimum qualifications.

She cited Martinez’s experience as CAO and said she talked to Joyce Wilson about it, and “she has no problem with this appointment…she will stand by this appointment.”

Cushing, who really should receive the Outstanding WRS (Wardy Rubber Stamper) award for the year (and maybe the brown-noser plaque as well) referred to the fact that the 2005 budget listed the position for “up to $165,000.” He asked, “The negotiations for that figure were things to be done by you in terms of finding the best qualified candidate…and it was not your intent nor our intent as a Council that that would be an issue that we would come back and micromanage, is that fair?”

Elizondo oh so innocently responded in the affirmative.

And then in classic Cushing etiquette, he leaned forward and, while all eyes were still on him, spat into his Sprite can. Lemme tell ya, this guy is a class act. For my part, in classic SHM fashion, I had to struggle to keep my breakfast down.

Offering his always helpful elucidation, Lozano jumped in. “In other words, whatever your recommendations was [sic] supposed to be and that’s what it is, even though my constituents see $165,000 as a lot of money.” Huh?

“It’s more than what I make,” Elizondo replied (she makes $154,000 per year). I was waiting for her to describe her lower salary as “totally unexcellent.”

John Cook, who unfortunately had remained silent during the entire discussion finally said, “I promised Jim that I would only cast my vote and not start a holy war, but I would agree with one comment that you made and that’s that the litigation division has been a targeted area.”

“For improvement,” added Elizondo.

“Oh, I didn’t catch that,” said Cook.

Cushing then made a motion to approve.

The Devil’s Advocate

Before the vote was taken, Carl Green came up to praise Martinez. Why not? The Wardy cronyism has been a welcome gift to Mr. Green who is raking in many thousands of taxpayer dollars. Let’s not forget that Lisa Elizondo first let go of all the good attorneys and then asked Council to allow her to outsource the litigation to…none other than Carl Green! Elizondo worked for Green and Martinez was his law partner. Of course he’d support having his boy lodged firmly in the City Attorney’s Office.

Trying to justify the enormous salary, Green argued that Jimbo can earn that Jumbo salary and more in New York, Houston, Dallas, etc. Would that he were, dear reader.

And Mr. Green, I wanted to ask, I take it that unlike Jimbo, the lowly worker bees at City Hall deserve their public servant pay…and without a cost of living increase again, right?

I tried to think of an analogy for you readers at home, so that you could understand the incredible irony in someone like Carl Green standing up for Jim Martinez. It’s like Tony Soprano being a character witness for “Pussy” at a criminal trial. It’s like Michael Millken testifying on behalf of Martha Stuart. It’s like Alexandro Lozano quoting Luis Sariñana. It’s just too much. The cronyism, the hypocrisy, the mendacity, and the memory of Bob Cushing spitting into his Sprite can all came rushing at me and I began to feel dizzy and queasy. I quickly put myself into the fetal position, rocked back and forth and hoped it would all just go away.

Carl Green continued his treacly encomium to his former law partner. “Jim Martinez is a very good, personal friend of mine…I come here as a taxpayer.” Calling $165,000 per year a bargain for such a fabulous legal talent, he added, “Jim Martinez…was handling anywhere from 50-80 civil trials at one time.” But what Green forgot to mention is that most of those were personal injury claims – car accidents.

Green then thanked Council for allowing Martinez to spend one month assisting him in a case – while Martinez was CAO!

I couldn’t believe that Green admitted that during a public meeting! While Martinez was supposed to be running the City, he spent one month moonlighting with Carl Green. Now that’s loyalty (to Green, not the City)!

He said that Council “needs to understand” that in the private sector, first year attorneys earn $125,000 per year at large law firms in Houston, Dallas, New York, Miami, and California. I don’t know why Green was belaboring the point – Council (except for two) had been bought and sold a long time ago.

Referring to the appointment, Green said, “It’s gonna be good for me because I’m not gonna have to be doing all of this work, yes I’ll miss that, yes we are gonna keep doing that work…We wanna keep him here…he’s not driven by the dollar.” If that’s true, he was a poor student of yours, Mr. Greenbacks.

Rojas was the only individual on Council to point out to Green that public servants don’t usually get paid what private sector folks get paid in wealthy metropolitan areas. She said “You go into the field [public service] because of the love of the community.”

Green continued and complained that he recently discovered that a Houston second-year lawyer made $100 per hour more than he did. That must have infuriated you, Carl. I wanted to yell out, “So even in El Paso’s private sector, salaries aren’t that high, are they, Mr. Green?”

Look In the Mirror, Joe

Wardy, who was trying to preempt any arguments against the hire said, “We face some significant challenges…we can’t get engineers, with no disrespect to the people in that work in our department, the only people we can recruit…are the people who don’t want to work anywhere else or don’t get a job anywhere else. We need to get our salaries at least marginally commensurate with the private sector.”

What a guy! I’ll bet that made the engineers at City Hall feel warm and fuzzy inside.

You gonna do that for all employees at the City, Joe, or just this one? Oh, I forgot, current civil servants, under your administration, don’t even get a cost of living increase much less get paid market value for their talents. That privilege is only for the few, the proud, the cronies!

Baloney on White, Skip the Cheese

Lisa Turner got her chance to speak and said, “I know it’s a done deal, but let me say this: $165,000 that’s more than our Congressman makes, and if I’m not mistaken, that’s the salary you hired our City Manager at who will be supervising 6,200 people.”

Then, referring to the fact that the City Attorney they hired decimated the department and left it in shambles, said, “This whole situation is of your creation and you’ll have to answer to this come election time…and this is more than the City Attorney is making. Let me ask you a question, you just said that we have to look at our compensation, what’s our compensation gonna be for everybody. Are we gonna see a 30% raise across the board for everybody?”

Wardy responded, “That’s not realistic, Ms. Turner.” Of course it’s not. But she raises an important point. Only select few people are getting compensated fairly at the City, and those folks are the men and women who—shock of all shocks—do the Wardy bidding.

Becoming angry, Wardy stated, “Let me make something very clear hear…Mr. Martinez did come and take a hiatus from his very lucrative law practice.” He continued, “This was not his idea for this position; this is a position that was put together by members of Council and the City Attorney’s Office, so there’s no baloney going on here.” Interesting. Remember Lisa Elizondo’s emphatic statement that this was “not a new position”?. According to Wardy it was a position put together by his crew of cronies. And of course, he’s right. It was created to give Jim Martinez a soft landing and to keep him in City Hall, precisely where the people who tell Joe Wardy what to do want him.

Irony/Moron Alert!

Wardy added, “We’re kinda tired of getting our butts kicked because of lawsuits that we never defended ourselves adequately on in the past.” Ouch! I guess you’re calling the former Assistant City Attorneys incompetent, huh, Joe? Do ya think it’s just a little ironic that you’re inviting lawsuits from the attorneys you drove out while you’re complaining about losing lawsuits against the city?

Then Ray Adauto with the El Paso Association of Bowlings—er, sorry—Builders said, “The industry…consider him…a downright bulldog when it comes to his profession.” He said he’s seen other government employees making $200,000 per year (I wanted to ask him where…on Mars? Some City Hall secretaries make salaries dangerously close to the poverty line, Ray). He then complained about the folks concerned with the salary and said El Paso tries to keep its good people down. (I wouldn’t call Jimbo one of the “good people.”)

Sorry, but when Adauto supports something, everyone’s antennae should fly up. This guy is Bobby Bowling’s mouthpiece, for crying out loud! But the fact that he spoke on behalf of the appointment should make it crystal clear to everyone: So here we have Carl Green, Bobby Bowling and (earlier) Luther Jones fighting for Martinez to get this position. That alone should send shivers up and down your spine. They have their boy firmly and permanently planted inside our community government now.

Some person I had never seen at Council before said he just happened to be there that day to oppose the Martinez appointment but had an epiphany and realized that the Martinez appointment was a good thing.

How much do you think that guy was paid, folks?

Ric Schecter spoke and said, “My informants also tell me this is a done deal and the vote will be five for and two against so my comments are directed to the five people who are gonna vote positive on this.” He remarked about the conflict that will exist with the former CAO one floor beneath the new City Manager and said that he didn’t believe that Martinez was qualified for the job.

When one looks at the history of the Martinez litigation and realizes that most of his trials involve car wrecks, you can’t help but wonder if Schecter’s assessment isn’t 100% accurate.

Still irritated, Wardy claimed that the new City Manager, Joyce Wilson, is “very excited about this appointment.” Sorry, Joe, but I really, really doubt that she’s “excited” about this. And if she is, I am growing more and more concerned about this woman’s ability to separate cronyism from good government.

Schecter asked Wardy to “think about what the employees are gonna have to deal with.”

Mr. Schecter, that thought has never crossed Wardy’s mind—not once. Trust me.

Cobos, who was also irritated by the opposition, bragged to Schecter that Wilson “endorsed” Martinez for the position. He continued, “What will hurt are comments such as yours…that are trying to drive a wedge in City government…I wish your comments would be a little more optimistic than they typically are…so to come up here and try to drive a wedge in our city government is not in the best interest of your community.”

Now if that isn’t the pot calling the kettle black! The utter hypocrisy. Let’s not forget Cobos’s actions in killing the Suncrest Townhomes project, in which he raised the spectre of poor brown criminals to scare all the middle-class Anglos on the west side just to advance the agenda of his chief benefactors, the Bowlings. And let’s not forget that Wardy’s boy, Jim Martinez, has been the most divisive mayoral appointee in City Hall history! Employees loathe him. But in Cobos’ eyes, Schecter is the problem. Right.

Schecter, who has always been extremely respectful and tempered, said he took offense to Cobos’ comments because “this is an open debate, people have different opinions, to single me out and say I’m trying to drive a wedge is preposterous.”

Slander Central! Or ¿Quien Es Mas Tonto?

Lozano, who once again couldn’t resist but should have, said, “Uh, one comment, you know, you were talkin’ about, uh, we as the Chariman of the Board, companies usually do not have an attorneys in house attorneys. I don’t think uh, no companies have in house attorneys.” This man’s ignorance is a bottomless pit.

Schecter and Escobar corrected him and said that they indeed do have in-house attorneys.

“That was my point,” said Lozano. Huh? “If we was to fire all the attorneys and not have any…”

“You already did that!” responded Schecter, “You fired your litigation group.” (Okay, there is officially now a tie for the position of my hero: it’s a dead heat between Ric Schecter and Lisa Turner, who both always courageously stand up for what’s right.)

And then, in response to Schecter’s claim that they had fired all their attorneys, Wardy said, “Not enough of them yet!” Then, realizing what he had just said, he tried laughing off his stupid, un-funny, disrespectful, and potentially legally disastrous comment and took it back. Sorry, no do-overs, Mayor! I hope the attorneys who were fired (and the current assistant city attorneys who are probably on the verge of being fired) get a tape of that meeting and take Wardy to court.

And then, to add to the City’s liability, Lozano threw in, “We’re getting better ones!”

My hands flew up to my skull and my head dropped between my knees. I was speechless.

Here were Lozano and Wardy, slandering the former and remaining litigation staff, and their dynamo superstar legal eagles Martinez and Elizondo sat by without cautioning them. I guess part of Elizondo’s “leadership” strategy is to allow these morons to slander people left and right (hey, at least these lawsuits ensure that her good buddy Jimbo has a job). I couldn’t help but wonder if the first lawsuit Martinez will be defending the City against will be the defamation suits brought by the talented attorneys who—according to Wardy—were very deliberately driven from the City.

To add to the insanity, only moments before Wardy had been complaining about all the lawsuits the City was fighting…I believe his words were, “we’re being sued left and right.”

As if that weren’t enough, later that evening in the news (Channel 7 to be exact), Wardy, defending all his hires, said he deliberately hired only Hispanics so the community could see his commitment. Okay all you white applicants out there…there’s another lawsuit…employment discrimination based on race.

It’s no wonder that, to quote Wardy, “we’re being sued left and right.”

When Bad Things Happen to Good Cities

Susan Austin, who consistently disappoints this columnist, also defended the hire. “One of the reasons why I think this will work…because we have a gap where we don’t have the kind of senior litigator and we’ve got many, many cases…it’s important we try to get these cases back as soon as we can from a purely economic perspective from the outside lawyers…there will be more [cases] that will come online, I guarantee you.”

That’s right, Susan. Look over at your mayor and your fellow representative and you’ll see why more cases will “come online.”

I wanted to call out to Austin and ask her if she believed that the problem just fell out of the sky and into their collective lap. Of course it didn’t. The City Attorney, Lisa Elizondo, a woman they hired, created this problem. I wanted to yell out, “You voted to replace a very experienced and dedicated City Attorney with Elizondo!” And of course, that started the chain of events: She in turn drove away most of the good litigators and then, completely under-staffed, sent out all the cases to her buddy, Carl