11.23.2004
 
I’ve decided that I need a new meter, folks. I’m going to contact my meter-maker and ask him to get me a “bid rigging” meter…and fast!
 
There was less spitting, bullying and pomposity this week than last…must have meant that Cushing was absent; there was also more “exercising,” which must have meant that Wardy was doing more cliché-ing. 
 
Small Talk
Before the meeting began, City Manager Joyce Wilson and City Attorney Lisa Elizondo were chatting. Wilson said that Lisa’s boyfriend had introduced himself to her at the gym and that he informed her that everyone at the gym knew who she was. Allrighty.
 
A friendly giggle was exchanged. Then the meeting began.
 
An “Exercise” in Futility

This first item up on this week’s public portion of the agenda brought another visit to Council by Guillermo Glenn, who represents the Asociación de Trabajadores Fronterizos:

1. V.F. Jeanswear layoff workforce problems. [Guillermo Glenn]

“It’s not the first time I come to talk to you,” said Mr. Glenn in Spanish as he began what has become his ritual visit to Council.

Glenn, who is a passionate and tireless advocate on behalf of displaced workers, reminded the mayor the he (the mayor) has said many times that displaced workers are neither his problem nor the city’s problem. Glenn wanted to know where displaced workers fit into the City’s economic development plans. 
 
An irritated Wardy said, “Nobody ever said ‘it is not our problem.’ I told you there are other agencies and other factors responsible, the City not directly.” Wardy proceeded to tell Glenn that the City “cares” about displaced workers but his excuse was that “we have a very small economic development department in El Paso…we have a very small plan.” 
 
I’m sure Glenn would agree on the size of Wardy’s plan; I, other the other hand, would argue that it’s not just small…it’s so miniscule that we have yet to figure it out.
 
Wardy continued making his excuses saying, “We have been lobbying the Department of Labor…but there is a lawsuit which you are entitled to that prevents us from having any substantive dialogue with the department of labor…we are totally sympathetic to this…we don’t have the resources to make an impact here.”
 
Glenn disagreed, reminding Wardy that he has “influence” and challenged his desire to help by reminding Wardy that if he can solve arroyo problems and solve problems for contractors, why can’t he start a committee to solve this problem (as he had promised so long ago).
 
Glenn reminded Council that they all had claimed they were interested. In fact, he said, Lozano claimed he was interested but never bothered to show up to a meeting. Glenn reminded Wardy that he appoints members to the Workforce Board, the body with the money, and most of whom are business people and those who have “a vested interest” in the retraining programs and who “don’t want things to change,” said Glenn. 
 
Anthony Cobos, rising to the defense of his mayor, told Glenn “This is a nationwide problem,” but made the same empty statements he always does: “The entire Council is sensitive to what you’re saying.” Cobos then claimed that before a committee can be formed, Glenn needed to provide a “white paper” describing what he wants.
 
Glenn should have just written “HELP! SUPPORT! KEEP YOUR PROMISES!” on a piece of white tissue paper and thrown it at Cobos. But he didn’t.
 
Instead, Glenn told Cobos et. al. that “We have asked the City Council to form a committee in which the workers have some say,” and said that the Chamber, the Workforce Board and the City’s economic development department, which come together to form economic development plans, don’t represent or include the displaced workers.
 
The Importance of Being Dense
Lozano spoke up and said, “I apologize that I didn’t attend your meeting,” and said he wanted to know what the bottom line is: “What do you want?”
 
Glenn—again—said exactly what he’s been saying for the last two years: Let’s establish an inclusive committee that can create a solution. If Mr. Glenn had read last week’s column, he would have know that when addressing Lozano, speak s..l..o..w..l..y and LOUDLY: 
 
“WE…NEED…A…COMMITTEE…MR…LOZANO!” But he didn’t.
 
Lozano instructed Glenn: “Next week put it on the agenda, discussion and action to create a committee.” I guess, as usual, an important item simply wasn’t posted properly enough for Council to take action on.
 
Then Lozano told Glenn to create the committee himself, be the leader and “if it’s in our mandate then we’re gonna do it.”
 
Wardy then decided to turn the tables on the group and said, “If you have a solution for it, we’re all ears.” Now there’s a leader for you.
 
Glenn, who seemed to be doing his best to maintain his patience with Lozano, Wardy, and Cobos, said again, “With your influence and that of Council, you can form a committee. The workers already have a committee, but when we start negotiating with the Workforce Board and the Department of Labor, the City needs to be there.”
 
Vivian Rojas asked, “Does the Economic Development Department have any insight?” (I could’ve answered that one, if you will.) She added that she went to Washington D.C. and found out about Opportunity Zones, which she said would provide federal funding and she offered to help the displaced workers with the application.
 
Lozano yelped out, “Don’t give up!”
 
Presi Ortega thanked Glenn for his commitment to the issue over the years, and said he wants to address the issue immediately; he volunteered to serve on the committee and warned that call centers will be the next to go.
 
Cook asked the Mayor if he gets to appoint people to the Workforce Development Board; Wardy said he “approves” not appoints them and “thinks we’re making some progress in that area.” (What that “progress” is, exactly, Wardy didn’t say.) 
 
Cook asked Wardy if he could appoint a worker to the board, and Wardy told Glenn that he would appreciate that nomination. Only moments later Wardy added, “I don’t make the rules about the makeup of the workforce development board; those are set up by the governor and the legislator.” Well, if that’s true, then what good would “the nomination” of a worker to the board do? Wardy can’t even keep track of his own insincere promises.
 
Cook also said that the legislative agenda would be discussed later that day, and said that the City should let the state know that “this is a significant problem in El Paso…to let them know the training we have right now is totally inadequate.”
 
Vivian Rojas asked Glenn to set up a meeting with her and Phyllis Rawley of the empowerment zone.
 
David Dobson, who was there to give Rojas the Economic Development Department’s perspective said, “The problem…is a complex one…there’s no easy solution to it.” How incredibly insightful and helpful, there Dave.
 
“Let’s move on,” said Wardy with finality. So the workers gathered their coats and moved on…they left City Hall with no answers and nothing else … again.
 
I Get By With a Little Help from my Friends*
*All checks payable to Wardy For Mayor Campaign
 
City Council always recesses the Council meeting in order to convene the very brief Mass Transit Department Board meetings (City Council makes up the Mass Transit Department Board). And I have to admit, my friends, I don’t usually pay attention to the Mass Transit Board Agenda (which governs Sun Metro). I mean, I’ll listen and try and stay awake for the discussions, but I rarely find anything interesting in those meetings.
 
This time, there was a discussion that not only piqued my interest, but got my pencil movin’.
 
During the routine award of the following mass transit bid, Wardy became very animated and tried his darndest to find out why Funk & Co. got the award and his friends at Thermodyn didn’t.
 

2. Discussion and action to award the following:

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.

Solicitation No.: 2005-005

Sun Metro Administration & Depot Building HVAC Replacement

Award to: Funk and Company El Paso, Texas

Item (s): HVAC replacement

Department: Sun Metro

Funds available: 60600011-G600444-11646-508003 $177,200.08

60600011-G600441-11643-508003 $262,000.00

60600011-G600441-11643-508008 $178,799.92

Funding source: Federal Transportation Administration Grants

Items Base Bid $618,000.00

Total Award: $618,000.00

District: 8

Action: 04-70

Purchasing, Engineering and Mass Transit (Sun Metro) Departments recommend award as indicated, as this vendor has provided the Best Value Bid. (Attachment)

Terry Lee Scott, Director of Sun Metro, first explained how the money would be used. Once his brief presentation was over, Wardy said he had looked at the project and demanded to know why the award was not going to Thermodyn, the lowest bidder.

Scott explained that there is a process in place for awarding “best value” bids such as this one (which are NOT awarded based on lowest bid but which, instead, consider price as only one of numerous factors). Scott also said there was a committee in place that reviewed bids and made the award.

Wardy wanted to know why the committee did not give Thermodyn more points for the categories called “past relationships with owner” and “previous experience.” Wardy complained that Thermodyn does “a lot of work” with the Public Service Board, and he continued, “For the good of the public, I think we have to ask those questions,” and, “I think the public needs to know.”

A City staff member explained that under “best value” procurement, one of the categories required checking references for the companies. She explained that the committee also looks at how these companies performed on previous projects and their experience on similar projects. This shoulda been a big hint.

Another staff member, Barbara Crumley from Contract Compliance, said Funk was awarded more points because the PSB cannot be considered a City department and, therefore, the City itself doesn’t do business with that company.

“Whoever told you that, that’s a bunch of bull,” barked out an irritated Wardy.

“Have we thrown Thermodyn off of a contract before from the City of El Paso?” asked Wardy. “No,” was the response.” Wardy added, “That’s the issue that brings a lot of pressure on the City Council.”

Actually, the pressure’s comin’ from that campaign finance list of yours, Mr. Mayor (more on that in a moment), not from City staff.

I Can See a Liar

(Noel Gallagher would be proud)

Then Wardy said something that, if he had a wooden nose, would have caused that nose to grow so large, City Hall wouldn’t have had room to fit it.

 
Wardy, who must have realized that he was really going overboard for this company, caught himself and said (with a totally straight face), “I’m sure they’re all good companies; I’m not, I’m not, I don’t know anybody really personally that well on those.” Anyone who watched him stumble through that statement could have guessed that it was an outright lie (keep holdin’ on…more in a moment). (At this point, dear reader, I could’ve sworn I saw a pointy shadow emanating from Wardy’s face creeping across Council chambers.)
 
Crumley informed Council that another thing that hurt Thermodyn was that they were terminated on a state contract. 
 
An angry Wardy said, “And what does that have to do with us?” Exactly. What do we care if a bidding company has a bad track record with other political subdivisions? All that matters is what they’ve done for you lately, right Mr. Joe? Wardy really began to tip his hand at this point.
 
“That evaluation falls under the qualifications and experience-negative performance on contracts,” replied Crumley, who was just doing her job.
 
Cook added, “It concerns me that we would consider negative performance with the state but not look at positive performance with the PSB.”
 
Wardy then began to expound on Thermodyn’s qualifications (and I wondered, almost aloud, I thought you didn’t know them, Mayor?).
 
If You Can’t Do the “The Bump” Try “The Hustle”
Okay, FBI people…pay close attention to this next part.
 
Cook wanted to postpone the item by a week, but Cobos didn’t want to wait. He was itching to take action and said, “I would like to ask that the Council consider under ‘past relationship’ with owner that we bump up those points to eight points and also under ‘experience and qualifications’…bump them up to eight points, and that’ll bring the total points of Thermodyn up to 100 points.”
 
Bid Rigging Alert! Bid Rigging Alert! Presto-change-o, my friends, that “bumping” would have made Thermodyn the winner of the award! Don’t these guys ever learn? Council can’t do that.
 
Terry Cullen-Garney, who momentarily assumed the role of the ethical procurement lawyer (played very effectively in the past by long-gone Assistant City Attorney Ruth Reyes), asked that the item be postponed, “This is a committee’s recommendation, and the committee awards the points,” she reminded them. She didn’t go into the ethical or legal details as to why Council cannot switch points around as Reyes had explained in the past, but at least she asked them to postpone it. Here again we have an utterly transparent attempt to do an end run around procurement and bidding rules. And, as usual, it’s Cobos and Wardy taking the lead. When are people going to start caring about this? 
 
An annoyed Wardy said, “To black mark them because they had a problem with a state job…we don’t even know if they had an opportunity to defend themselves. It could’ve been a bad design…I hate to have someone get a black eye because of something that has nothing to do with the City.” 
 
That “black eye,” my friends, was not something out of the owner of Thermodyn’s control. The owner, Albert Gamboa, violated Department of Labor regulations when he had his crew working on the Bridge of the Americas a few years back. He apparently wasn’t paying his employees appropriate wages. And yes, he had every opportunity to defend himself, and it had nothing to do with “bad design.” 
 

That “black eye,” as described by the Department of Labor, was “that Thermodyn failed to make a good faith effort to ensure compliance with the classification provisions of Wage Determination TX90-9” and “Contrary to Thermodyn’s argument, Response Brief at 10-16 [I guess that Thermodyn did have an opportunity to make its case, eh, Mr. Joe?],Thermodyn’s action in this matter does not reflect that a good faith effort was made to correct past misclassification violations and to prevent further violations.” http://www.oalj.dol.gov/public/arb/decsn2/96_116.dbap.pdf

As a result of these violations, the Department of Labor Office of Administrative Law Judges issued the following decision in 1996: “Accordingly, the decision and order of the ALJ is reversed. P&N, Inc./Thermodyn Mechanical Contractors, Inc., a/k/a Thermodyn Contractors, Inc., and Albert Gamboa, president, and Frank Gamboa, vice-president of that company, shall be debarred pursuant to Section 5.12(a) for a period of three years and shall be ineligible to receive any contract or subcontract subject to any of the statutes listed in 29 C.F.R. § 5.1 during that period.” http://www.oalj.dol.gov/public/dba/decsn/96_116b.htm

Here’s something “I think the public needs to know” (to quote Wardy). 
 
Does Wardy’s rabid defense of Thermodyn have anything to do with the fact that Albert Gamboa, owner of Thermodyn, gave Wardy $4,500 in campaign contributions in March and April of this year (http://www.elpasotexas.gov/city_clerk/_documents/2004/Mayor%20Wardy/wardy_071504.pdf)? In a sea of $500 and $1000 contributions, Gamboa’s contributions stand out like…a black eye! Why, Mayor Wardy, I thought you didn’t know anyone at any of these companies. Do complete strangers regularly make $4,500 contributions to your campaign coffers? Could that have been a lie, Mr. Mayor? My oh my.
 
Cook made a motion to postpone the item until the next Mass Transit Department Board meeting, which passed unanimously.
 
Maybe I should start paying closer attention to these Mass Transit Department Board meetings, eh, folks? Maybe all of us should. I sure hope the public integrity unit of the FBI does.
 
Until then, I have one piece of advice for Funk & Co.: Get yourselves a good lawyer (definitely before the next Mass Transit Board meeting). It looks like you’re gonna need one. And if you don’t believe me, ask Eduardo Barbosa of A&E Truck and Car Wash.
 
Losin’ My Bet
If I had placed any bets on postponement of minutes this week, I woulda lost:
 
2. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for the Regular City Council Meeting of November 16, 2004 and the Special City Council Meeting of November 16, 2004.
(Attachment) - Regular City Council Meetings for November 16, 2004 
(Attachment) - Special City Council Meetings for November 16, 2004 
 
The two sets of minutes passed on the consent agenda.
 
Martie Jobe: Regulator?
How fortunate that the following item came up this week (and it was, by the way, approved on the consent agenda):
 
10B. Martie Jobe to the Public Utility Regulation Board by Mayor Joe Wardy. (Attachment) [Mayor's Office, Adrian Ocegueda, (915) 541-4145]

I had long been aching to discuss an issue that all El Pasoans should be made aware of regarding their electric company, and I even received a couple of emails this week from readers in the know about the issue.

Let’s go back to earlier this month when the El Paso Times wanted to see how El Pasoans feel about their utilities; it seems that most folks are okay with things as they are:  http://www.borderlandnews.com/stories/borderland/20041113-193886.shtml

Now let’s go back even further to July 27, 2004. Newspapertree, the weekly newsletter that used to carry my column, was in its dark period, so no one was sending out (and I wasn’t writing) my column. However, I was still watching Council (not as regularly), and I made it a point to observe the meeting on July 27^th and take notes because of the following item:

18. CITY ATTORNEY: Discussion and action regarding the Franchise Agreement between El Paso Electric Company and the City of El Paso, Ordinance No. 012539. [City Attorney's Office, Kevin Elkins, (915) 541-4550]

It was an item that had been posted and postponed over and over again and because Cushing had taken the lead in posting the item before, I couldn’t help but wonder what the real issue was (after all, whenever Cushing’s involved, there’s some cronyism and dishonesty somewhere).

I did a little digging back then and found out that the Electric Company’s franchise would need to be renewed on August 1, 2005. Another factoid I discovered during my digging expedition was that the City could, by July 31, 2004, notify the Electric Company that it would like to explore the option of purchasing the company. If it did not notify the company a year and a day in advance, then we would lose the option altogether and couldn’t even have a conversation about it.

Why on earth would the City want to consider buying the local electric company, you ask? If we ask that question, we should also be asking why municipalities all over the country own their own electric utility companies. Well, they do that because (1) they can control the utility and its rates, and (2) they can bring in millions upon millions of dollars annually to their city coffers.

It’s an interesting question, and one that obviously would mean discussing whether or not the City would want to make such a significant investment (probably through bonds, not through up-front costs) but which could also mean lots of income that could help fund programs, city departments, etc.

The key word is “could.” I don’t know much about our plan because…well…there is no plan. Wardy took it upon himself to decide for all of us that we didn’t need to explore our option. Heck, he decided we didn’t even need a community conversation about it at all.

Going back to the July meeting where the issue was up for discussion at Council, Wardy introduced the item and asked Norman Gordon, the City’s legal advisor on such issues, “I think this is on the agenda to discuss an item that there is a time schedule on, I believe August 1^st is the expiration date of an option that the City has to purchase the assets of El Paso Electric Co?”

Norman Gordon told them that the City needs to notify them one day prior to August 1, 2004.

Wardy then launched into his little speech.

“We did, through the Public Service Board, hire Navigant, which you have a copy of that study, while it may show that that may be one of the options, I think it would be very difficult for the citizens of this community to fathom the issuance of maybe $2 billion in debt just for the purchase of the Electric Company. I think it’s an issue of purchasing mature assets and an issue where it may be an option but maybe not something that we should seriously consider. But I’m very confident that myself with a number of members of Council can sit down and begin to discuss the franchise agreement and to come to an agreement that is a win-win situation for the city and citizens of El Paso and the EP Electric Co…so I will be putting together a working group…to begin discussions with El Paso Electric.”

Martie Jobe (one of the individuals who pulls Wardy’s strings) is now a part of that “working group.” And the Navigant study…I’d love to read that one.

Norman Gordon, who looked mighty uncomfortable, told Wardy there was no problem with that and suggested Council delete the item or take no action.

Wardy asked Council “for permission to allow that provision to lapse.”

Cushing, who clearly was on the “let’s-kill-this-asap” bandwagon, said, “In other words, what we have on our plate today and the way this is posted, ‘Discussion and action regarding the Franchise Agreement’ which is somewhat global in nature, and uh, so the specific part we’re taking action on here would be the issue of exercising our option to purchase the assets of the Electric Co., is that correct?”

Wardy responded that he wanted Council to take a vote and show an official action (the action would be letting the option “lapse”).

Cushing agreed, asserting, “I don’t think we should take no action.” No, sir. Let’s make sure this option is totally foreclosed. Good thinking, Bob. I’m sure the people who pull your strings were happy.

Wardy then said that even if the City were mildly interested it would be a very expensive venture for the city. True, but it could also mean millions upon millions of dollars of income, Mr. Wardy.

Cook made a motion to allow the time to lapse and Austin seconded it; it passed unanimously. They all had a happy hurrah as our option was thrown out the window.

Cobos made a huge point of saying there was no one there for public comment.

 
What if they Sell?
Now, what if the Electric Company decides to sell and leave town? In this week’s El Paso Inc., Gary Hedrick, President and CEO of El Paso Electric, was asked if the company might be sold anytime soon. Here’s his answer:
 

“That’s part of my job, to produce the highest possible return for the shareholders, either through efficient operation or a sale. But even if a sale seems like the best option at a given point in time, whether a deal can be put together and consummated is another question entirely.” (www.elpasoinc.com)

If the electric company is sold, could that mean job losses here? Could that mean increased rates? Absolutely yes and yes it could.

And that’s why a community conversation about this whole thing was imperative. But not only was Wardy not interested, neither was the El Paso Times, as this is all they wrote about the issue the next day:

“[City Council] voted to seek an extension on the deadline for notifying El Paso Electric that the city may want to begin negotiating to purchase the company's $1.3 billion system in El Paso. Though the utility's franchise with the city ends next year, Council members said the city isn't interested in buying the company out but does want all negotiating options for renewing the franchise left open. The mayor said he wants an agreement on a new power plant in the city and an electric rate reduction.”   http://www.borderlandnews.com/stories/borderland/20040714-142474.shtml

I have to say, that is not what Council voted on and conflicts with my notes and what the City Clerk’s office has on record in their minutes (http://www.elpasotexas.gov/city_clerk/_documents/minutes/2004/07-27-04r%20Regular%20Meeting%20Minutes.pdf). Council voted to let the option lapse, not to extend the deadline as the Times reported.

Not only did we not have a community conversation about all this, but our only daily English newspaper seriously misinformed the public.
 
Anyway, folks, because the hallmark of the Wardy administration is “Kissing Opportunities Goodbye,” this is just par for the course.
 

Mr. Two-Faced vs. Mr. Five Points

The next item on the agenda was one Cobos placed, and what a stir it caused:

17A. Discussion and action on compliance with Section 2.102.030B of Chapter 2.102 of the El Paso Municipal Code (Neighborhood Association Recognition). [Mayor Pro-Tem Anthony W. Cobos, (915) 541-4123 and Representative Robert A. Cushing, Jr., (915) 541-4996]

This item offered an amazing look at what a slimy character Anthony Cobos is. Anyone has ever had any doubt about the level to which Anthony Cobos will sink to achieve political goals (like killing worthy projects) needs to pay close attention here. Sir Walter Scott said it best, “Oh, what a tangled web we weave, when first we practice to deceive.”

Once the item had been read into the record, Cobos said, with false magnanimity, “I put this item on the agenda to recognize Neighborhoods First as they’re coming around their one-year anniversary.” What a good guy, you’re thinking! What a nice young man, to recognize such a worthy project!

Mark Alvarado, who was at the podium, informed Cobos that there are currently 52 Registered Neighborhood Associations (RNA) and another 25 organizing.

 
“That is phenomenal!” pronounced Cobos, who then began to reveal the slime that bubbles beneath his surface of his insincerity. He stated, “Mayor Wardy, your program is proving to be very successful…neighborhoods really have a voice that they have not had in the past and this item is also on the agenda to ensure the credibility is maintained with the neighborhoods first program…it has come to my attention that one neighborhood association is not totally compliant. How often to you certify or review the applications?” A-ha! 
 
Alvarado told Cobos that after the RNA has been in existence for a year, it has to submit its membership information to the City after each year.
 
Cobos asked the City Attorney, “If a neighborhood association is not in compliance, can we suspend them until they become compliant?”
 
John Nance, Assistant City Attorney, said that the RNAs have 60 days to come into compliance or they will be removed from the City’s list of RNAs.
 
You’ve Been Slimed!
Cobos then unveiled his real motive and announced, “In order for this program to maintain its integrity and credibility, these should be reviewed on an annual basis. We do have one neighborhood association that is not compliant, the Five Points Neighborhood Association. At this time, I would like to…send notice to the Five Points Neighborhood Association.”
 
Alberto Rivas, the president of the Five Points Neighborhood Association, was thankfully there at Council that morning. Rivas said the association is indeed in compliance, and said, “I really don’t understand what this is about. I think I do…but we are in compliance.”
 
John Nance said that the requirements are that the member own, reside, or have a business location within the geographic boundaries.
 
Cobos asked Rivas if he has property in the boundaries, and Rivas said they have family property in that area and explained that the ordinance says that “the definition of membership is up to the bylaws of the neighborhood association, so I don’t think this is within your purview…I think you’re just coming after us, Mr. Cobos, because you don’t like our outspokenness on issues, and this is really a political ploy happening here.”
 
“Just a minute,” said Wardy, stopping Rivas in his tracks. “This is a legislative body…all we’re trying to do is keep order and there has to be some rules, so please respect the right of Mr. Cobos as a district representative to question some of these…this is a good exercise…so let’s keep this above board.”
 
Oh, puhleeeze! Hearing Joe Wardy insisting on keeping things “above board” made my irony meter jump into the red zone. Actually, I think Wardy’s use of that phrase was very revealing. Staying “above board” for Wardy meant not digging beneath the surface to reveal the real motivation for Cobos’s attack on the Five Points Neighborhood Association.
 
“I am being above board,” replied Rivas, defending himself. Indeed. It was Cobos who plainly was not being “above board.” Rivas continued, saying that “the agenda item doesn’t say what this is about.” That’s right, Mr. Rivas. Cobos keeps it vague so he can try to sucker punch his enemies and critics. Thankfully, folks were on to him and ready to defend themselves.
 
John Nance confirmed Mr. Rivas’ assertions and said that there is an exception that the owner of any dwelling unit can be a member of an RNA if allowed pursuant to the association bylaws as long as 15 members live in the boundary.
 
Cobos, trying to challenge Mr. Rivas’ ability to serve as the president, asked Nance if the ordinance restricted elected posts. Nance said no. 
 
Not getting the authority he wanted from Assistant City Attorney John Nance, Cobos decided to forge ahead anyway and announced, “I’m gonna make a motion to direct Neighborhoods First to request information from all the neighborhood association groups and review their compliance.”
 
Mark Alvarado cautioned Cobos and said that the ordinance only asks that of the groups who have been in existence for a year, so Alvarado wanted to know (in so many words) if Cobos wanted him to violate the ordinance. (You may have qualms about violating the law, Mr. Alvarado, but I assure you, Mr. Cobos does not.) Alvarado said he didn’t feel comfortable with demanding that of groups who have not been registered for more than one year.
 
Cobos said “I just wanna point out my opinion…unless the entity has a vested interest…if they don’t reside or own property within the boundary, I don’t think they should be an officer of a neighborhood association…I just don’t agree with that.” First, Tony, you’ve got your facts wrong. Rivas does own a house in the neighborhood. Second, it’s not your role to dictate to RNA’s how they determine their membership. Talk about big brother! 
 
John Cook asked Rivas if he was elected to serve in the neighborhood association. I’m glad he asked.
 
Rivas said, “I was duly elected…as we were preparing our plan, I was duly elected unanimously. Number two this happened before the Neighborhood Association ordinance was passed.” He said he’s purchased a 1916 home, which he is fixing it up but can’t reside it right now. He said, “I am a stakeholder in every true sense of the word…my association has spoken on my behalf by electing me and standing behind me today.”
 
Cobos, who had clearly taken bully tactic lessons from Cushing, started drilling Rivas, asking him how many people voted for him and how often elections are held. None of that was Cobos’s business, of course, and none of that had anything to do with the agenda item. But did Wardy, the self-proclaimed “Neighborhood Mayor,” the self-proclaimed Council parliamentarian, stop Cobos and rise to the defense of the neighborhood association? Absolutely not.
 
Susan Austin intervened and said, “Mr. Cobos, if you feel there should be an amendment to this ordinance, you’re welcome to suggest it and bring it forward in the proper way.” She said they could weigh how many neighbors live outside the district on a particular vote. She said they wanted to include a lot of people, but could later give appropriate weight to whether or not the association is “truly speaking” on behalf of the neighborhood. 
 
When Compliance Means Capitulation
Five members of the audience signed up to speak, including James Erikson from the Five Points Neighborhood Association, who attested to everything Rivas said and added, “As of Friday, even yesterday, I had no idea I was gonna be down here talking about the neighborhood ordinance…I’m not sure this is a matter worthy for City Council…this is an administrative matter that can be worked out between the City Manager and Mark Alvarado. It’s not necessary that we be here today.”
 
Alyssa Jorgenson with Save the Valley Neighborhood Association thanked Wardy and said the RNAs were strong. 
 
Susie Vega with the Five Points Neighborhood Association said she didn’t know anything about this meeting until 10:30 the night before the Council meeting, had to take time off from work and said she’s disillusioned with Neighborhoods First. She said she’s lived in Five Points all her life, wanted to join the association and make things work because there are serious issues to be dealt with in that area. She said, “And here I am listening to nitpicking…there’s real issues going on in the neighborhood and here I am listening to…[whether or not Rivas] should be part of the board of directors.”
 
And then, my hero, Stuart Mitchell spoke. Mr. “tell it like it is” said he wanted to know exactly what Cobos’ allegation was against Mr. Rivera. 




Rising to his fellow horsemen’s defense, Wardy interrupted and said, “We’re not gonna enter into that discussion.”
 
Mitchell said that discussion was indeed important “because when the Council puts a vague item on its agenda talking about compliance with an ordinance and many different neighborhood associations are called out to come here about enforcement and compliance with an ordinance, it appears very clearly, sir, that this is nothing more than an intimidation tactic. It’s a way to intimidate neighborhood associations that would stand up and say things that certain Council members do not want to hear. And we come here this morning and we hear vague allusions that there might be something wrong, but those vague allusions do not even contain one specific allegation of what is wrong with Mr. Rivas being the president of the Five Points Neighborhood Association.”
 
Wardy continued to defend Cobos’ slimy motives, saying, “Mr. Cobos is responding to some phone calls he received about the association and he chose to put it on the agenda very simply. This is not a witch hunt…I think it’s healthy.”
 
Squelching dissent is very healthy if you’re an autocratic bully like Cobos. Oddly, it’s remarkably un-healthy for democracy. Anyway, how convenient was that talk about “some phone calls.” Why weren’t those folks who made those “phone calls” there that morning to back up what Cobos had to say? I’d bet that the people who made “those phone calls” don’t even exist. (But then, how could these non-existent people have made those calls? Wow. The question I posed to myself made my head spin. Note to self: Avoid so much coffee on Tuesday mornings.)
 
Mitchell Shoots…and He Scores!
Cobos, trying to divert attention from his sinister motives, then said he’s very proud of all the neighborhood associations in his district and claimed he just wanted to make sure that the neighborhood associations have the “credentials” to be before Council. He said he wants to “make sure compliance is met or else it’s going to affect your credibility…and [it’s] not just some rogue group opposing anything the City Council does.” 
 
A smug Cobos then aimed his barrage of questions at Mr. Mitchell, asking him if he was a part of an RNA and how long they had been official members. He asked Mitchell, “When you come to the City Council don’t you want us to recognize you as a compliant, reputable, credible neighborhood association?” 
 
Mr. Mitchell responded, “Actually, I think that that’s exactly what you’re looking for, you’re looking for compliant neighborhood associations, ones that will go along with your agenda. Ones that will fall into the way you want things done. And when someone stands up and speaks against your point of view, they’re not compliant enough anymore.”
 
I wanted to stand up, wave a big, styrofoam hand that says “Number 1” on it, and call out “Whoop, there it is! Whoop, there it is! Stuart Mitchell…YOU ARE NUMBER ONE!!!” Mitchell was exactly correct and he couldn’t have been more on target if he had been the only sober player in a game of darts at a local bar.
 
Charlie Wakeem, President of the Coronado Neighborhood Association, said he became aware of this on Friday when Mark Alvarado caught him at City Council. “Our concern is that Council may be trying to micromanage and we feel that is improper. We have our bylaws, we are in compliance and if there is an issue that we may not be in compliance, that could have been addressed more easily by the liaison Mark Alvarado…in my opinion, this is not necessary.” He then thanked Wardy and Cobos and left the podium.
 
Wardy tried to clean up Cobos’ mess by saying, “This Council is totally committed to this process. Mr. Alvarado is a liaison…we have to be careful what we ask him to do...I think this is a healthy exercise, we’re still growing in this exercise.”
 
Michael Bray, Greater El Paso Association of Realtors, said, “Let the individual neighborhood associations choose what their own agendas are, after all, they’re not a legislative body.” He cautioned them against getting involved in the way Cobos attempted.
 
Wardy thanked Bray.
 
When Cobos Gets Religion, His Enemies Feel the Heat
Cobos said they need to “meet and interpret this so there’s a uniform understanding of what’s going on…it’s just my opinion that elected officers should live within the boundary…I will be coming forward because we need to consider that…we need to look into that because I have gotten numerous complaints and concerns…we’ll work together that those neighborhood associations do what’s required.”
 
“We’re gonna do full compliance,” said Wardy and then they moved on.
 
Later that evening on the Channel 7 News, Cobos told the KVIA reporter “We’re gonna look at that with a fine tooth comb and if it can be enhanced in any way, shape and form then we’re gonna do that in order to maintain the integrity and credibility of this program.” http://www.kvia.com/Global/story.asp?S=2607887&nav=AbBzTTmQ
If you visit the KVIA page I just provided you with, click on the link to the video. Whenever Anthony Cobos holds forth about maintaining integrity and credibility, not only is the irony too much for me to bear, but I always hear in the back of my head, “Warning, Warning. Danger, Will Robinson.” Neighborhood associations, beware, I suspect that Cobos’s “fine tooth comb” will have some mighty sharp teeth.
 
I didn’t know about Rivas and the others, but once the discussion was over, I felt like I needed a shower.
 
This is our state agenda?!
The next item of interest was discussion of the City’s exciting state legislative agenda. Mayor Wardy’s Assistant Number Three, Laura Uribarri, stood ready to discuss the exciting details:
 
17B. Discussion and action on the proposed 2005 City of El Paso Legislative Priorities. [Mayor Joe Wardy, (915) 541-4145]
 
Wardy first thanked Laura Uribarri publicly for serving on his staff. She’s gotten a new job and is moving on to Austin to lobby for El Paso Electric (interesting development, eh, especially considering what you just learned about the franchise agreement?). In a press release issued on Monday, Wardy informed the public that he’ll be hiring a replacement for her. 
 
I have to say, I’ve never seen so much turnover in a City administration: Wardy’s first public relations woman left early on (I can’t even remember her name anymore), then Mark Matthys (her replacement) left, now Uribarri. And these are just Wardy’s appointees! I haven’t even been able to keep count of all the department heads who’ve left.
 
And why on earth Joe Wardy needs to replace Uribarri is utterly beyond me. In case Joe Wardy has forgotten, we don’t have a strong mayor form of government anymore. He is simply a figurehead and doesn’t need half the staff he retains. Replacing Uribarri is particularly inappropriate and wasteful since she (supposedly) functioned as a liaison to city staff. That is precisely the role played by our new City Manager. Oh well.
 
Anyway, back to Uribarri’s riveting presentation. The 2005 session will begin in January and Uribarri summarized what the state legislative priorities would be. She said before drafting it, she asked “some community partners…other cities” about what the “big issues” would be and came up with the top priorities:
 
· Review of the Central Appraisal District governing structure
· Getting designated as a “maintenance community” (not-non-attainment)
· A grant for a geographic information system program
· Storm water management
 
There were some other issues that she mentioned the City should support and oppose, but as I fought to stay awake, I heard her mention they should keep an eye on school finance and other issues. She also mentioned how helpful the City’s new lobbyist, Patricia Shipton, would be (Shipton’s $100,000 appointment was highlighted in the El Paso Times this week: http://www.borderlandnews.com/stories/borderland/20041122-197673.shtml).

An alert reader informed me about Ms. Shipton’s other lobbying efforts. Staying true to her self-described role as a “hired-gun lobbyist” (such lobbyists don’t care a whit about what their clients do or about their ethics—or lack thereof—as long as they pay—kinda like “hired-gun lawyers”), Ms. Shipton represents a large payday lender. These people prey upon the poorest members of our community and use a loophole in the anti-usury law to charge outrageous interest rates that prevent the poor from getting out of debt. To view her information, you click on http://www.ethics.state.tx.us/tedd/lobcon2004d.htm

Lobby lists can be found at http://www.ethics.state.tx.us/dfs/loblists.htm.

Consumer advocates (folks who fight for regular people like you and me) have been battling payday lenders like Cash America for a while now (http://www.responsiblelending.org/news_headlines/ap020403.cfm), and many of those activists believe that lenders like these need to be stopped. Apparently, Ms. Shipton believes they need to be helped.

Anyway, I digress. Back to the meeting.
 
Cook wanted to know when the draft became available (we later found out she emailed it to them on Friday) and said he’s concerned that important issues are not designated as priorities. He gave two examples: Supporting infrastructure around military bases, and the workforce development issues were listed as “support” areas. He said he would expect the City to prioritize those issues and felt that we needed to take a “proactive” stance and actually get legislators to draft legislation, not just sit back and says we’ll support it if it comes up.
 
Uribarri said that the issues he mentioned are already being championed somehow by someone somewhere else. Cook wanted to know when the deadline for finalizing the state agenda would be. Uribarri said legislation is already being filed (which raises the question…why wasn’t this done sooner if we all knew a legislative session would begin in January?), so the sooner it can be done, the better.
 
Cobos asked about including Adult Protective Services as “an issue to monitor,” and he wanted to figure out a way to prevent teens from going to Juárez to drink. After watching that slimeball in action, I just want to go to Juárez to drink—I don’t know what the teenagers’ excuse is. Laura Uribarri said it would take a constitutional amendment to do it; Ortega agreed with going after that and Lozano disagreed.
 
Moving back to the item at hand (after a lengthy discussion on teen drinking) Austin said that regardless of who else is pushing the issue, if it’s a priority for us, it should be listed under our “priorities” list.
 
Stuart Mitchell encouraged Council to allow the public to provide input on the agenda.
 
Wardy said there are six elected representatives and said it would be “dangerous” for the City to compete with the State Representatives, but called it a “great exercise.” And then, after criticizing the Chamber of Commerce’s legislative agenda, which he said is “only one-page long,” Wardy said that the City’s agenda is community based. (Yeah, I’m so into that geographic information grant, aren’t you?)
 
Pricey Park, Continued
Back from last week was the item I knew would pass:
 
4H. That the City Manager, subject to the appropriate land acquisition procedures, be authorized to enter negotiations with the County of El Paso for the conveyance or lease of the site of the former Landmark Building as a Cancer Survivors Park, and that the City Manager enter into negotiations and an agreement with Candlelighters of El Paso that it will apply and secure sufficient funds to construct and maintain a Cancer Survivors Park if the City accepts the real property from the County of El Paso. (Attachment) [Mayor Pro-Tem Anthony W. Cobos, (915) 541-4123]
 
Dr. Norman Merrifield, the Parks Director, said the department supports the City taking over this soon-to-be-created park that will be created on the old Landmark/Hotel Dieu property as long as the Candlelighters construct the facility and that the plans are approved by the City. 
 
John Cook asked if the County has expressed an interest in conveying the land to the City for a park and Cobos said yes.
 
Cook asked if we have an appraised value of the property (the answer was no) and was the County’s resolution that it only be used as a park (the answer was yes).
 
Cook said that it is a very valuable piece of property and there might be other locations for the park, but “it might be in people’s best economic advantage to use that property for something else, which might even fund the building of the park.” If the appraisal value of the property was known, Cook said, it would help him make his decision.
 
Paul Escobar said that if the County could have used that land for something else, they would have. Sorry, but I don’t buy that. I find it hard to believe that the County had no other choice but to invest millions into that great piece of real-estate and then turn it over to a non-profit. And by the way, how did this particular non-profit get awarded that land? Was it open to other non-profits as well? 
 
“Let’s not turn it over into a complex problem,” complained Wardy, who hates those pesky questions.
 
Wardy continued, “If it would be deeded by the City, I don’t think the value means anything in this process.” He called it a “quadruple” win for the City and said the City should “stay out of the way,” and said, “Let’s not over-analyze.”
 
Right. God forbid we ask questions or analyze anything!
 
Cobos argued, “The County is going to give the City the land…with one clause that the Candlelighters secure the money to build the property…this is beautiful!”
 
Lozano said he hoped the City could find the money to maintain the park. Yeah, me, too, bub.
 
Austin said passing the resolution today would allow the Candlelighters to apply for the grant needed. She asked that it still go before the parks board. 
 
Wardy grew annoyed with Austin, saying, “This is a no-brainer…all we’re being asked to do is maintain it. Let’s act!”
 
Austin threateningly said, “Don’t give me a reason to vote against this, Mayor.” (Everyone knows that threat is meaningless…she always votes with the mayor, whatever her personal feelings on an issue.)
 
Cook said he was surprised that the County invested millions of dollars in buying the white elephant known as the Landmark building, then tore it down and then gave it to the City, adding, “I think asking these questions is totally appropriate.” He’s absolutely correct. But this whole “exercise” raises the question, Could there be a governing body even more incompetent than our beloved City Council, folks? Sure seems like it. I don’t know whether to take comfort from that or cringe. And can you imagine County Commissioners Court with Anthony Cobos as County Judge? What a dispiriting scenario.
 
Council approved the item unanimously.
 
After the vote was taken, Cobos called out to Gus Haddad, Wardy’s buddy and relative, who had been waiting in the wings, “Thank you for the fine work!”
 

Lisa’s Legal Aid

Representative John Cook took the following item off the consent agenda:

4F. That the Classification and Compensation Plan shall be amended, as recommended by the Civil Service Commission. The class of LEGAL SECRETARY is hereby created as specified in the duties and responsibilities attached hereto. The Code is 1831. The Grade is GS 21. (Attachment) [Human Resources, Terry A. Bond, (915) 541-4509]
 
Cook asked what the salary range for the Secretary III is, and Terry Bond, the Director of Human Resources, said it was between $25,535-26,000.
 
Cook asked if this change would mean the displacement of a City staff member? Yes, said Ms. Bond.
 
Has she been receiving satisfactory ratings, asked Cook? Elizondo, spoke and said this secretary felt that it was for the benefit of all for her to leave, “took a selfless position on that” and she will be transferred to another department.
 
Lozano made a motion to approve and the item passed unanimously.
 
Giving Thanks
And that was that, folks. I’ve been burning the midnight oil to get these notes to you ahead of the weekend and the holiday, so I hope you enjoy this early bird.
 
And you know your sentimental friend, Sid. During times like these, I have to give thanks, and I want to thank my family for its eternal patience, for its support, and for its love. 
 
I also want to thank all of you, my readers, especially those of you faithfuls who have kept up with this column since its inception. I want to thank those of you who contact me with tips, with criticism, with encouragement: I love your emails, and I love our electronic conversations.
 
I’d also like to make an announcement. I’ve decided to quit documenting the goings-on at City Hall beginning with the next administration. I’ll be writing hot and heavy during the coming campaign season, and I’ll cover as much territory as possible. Hopefully, we will elect a new administration – an ethical and vibrant and forward-thinking one. If we don’t, well…we’ll get more of the same and we’ll deserve more of the same. Either way, I feel l would have made my own small contribution to getting information out there, and either it will have made a difference or not. 
 
So that’s my news. Thank you, thank you, thank you, for reading my endless notes and thank you for your support. Have a wonderful Thanksgiving.
 

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