11.30.2004

Car 54, where are you?

Folks, there was more funny business at this week’s Council meeting. Thankfully, I had just received my brand new bid rigging alert meter and had it with me. You-know-who was at it again, my friends.

And unfortunately, Cushing wasn’t absent this week. That’s right. You know what his presence meant: Plenty of inappropriate and disgusting displays of gum chomping, stretching and belly scratching. What’s next? Audible and unwarranted natural gas emissions? Let’s get this guy a Bark-a-lounger so he can really feel at home, whaddya say? I mean, it’s the least we can do.

Untouched Minutes?

For the second week in a row, Ms. Rojas did not postpone any minutes. I’ve always wondered if she’s ever requested that any changes be made to the record. Anyhow, the following minutes passed on the consent agenda:

1. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for Regular City Council Meetings of November 2, and November 23, 2004.

(Attachment) - Regular City Council Meeting 11/02/04
(Attachment) - Regular City Council Meeting 11/23/04

Taxicab Confessions

In August of this year, I documented the fact that United Independent Cab Company wanted the City to grant it an operating permit. Back then, it was revealed that the owner of the company applying for the permit had allegedly jilted a partner of some money so the item was postponed:

22. Public Hearing in accordance with Section 6.16.80 of the El Paso Municipal Code to determine whether Veronica Pena d/b/a United Independent Cab Company is fit, willing and able to provide taxi service in the City of El Paso and whether the Chief of Police should be authorized to issue an operating permit to United Independent Cab Company to operate (19) taxicabs pursuant to Title 6 of the Municipal Code. (Attachment) [Police Department, Assistant Chief Paul Cross, (915) 564-7310]

A member of the police department explained the item and said that the department recommended issuing a permit to the applicant listed in the item because there is a need for more cabs and the company had been found “fit.”

Ray Mancera, representing the applicant Victoria Peña, said he and Ms. Peña were in concurrence with the City staff’s recommendation. Mancera said that there was an individual in the audience, Juan Garza, owner of Sun City Cab (the allegedly jilted former partner), who previously came forward (at the August meeting) to state that a lawsuit was filed against Peña. Her attorney, Juan Carlos Garay, was fighting the $20,000 breach of contract suit brought against her by Garza, and Peña is countersuing for $92,158. Mancera said he hoped that the issue at hand would remain focused on staff recommendation.

Wardy stopped Mancera and told him he wouldn’t allow Mancera to “post dirty linen.”

Mancera retorted, “You allowed this gentleman to throw dirt on my client.”

Wardy replied, “That was a public hearing.” In case you haven’t read the agenda item, Mr. Mayor, this is a public hearing as well.

Oh, well, once the linen was cleaned and pressed and the dirt had been shaken off, they moved on.

Representative Vivian Rojas asked Lisa Elizondo, the City Attorney, if Council should consider the pending lawsuit before approving the permit.

Elizondo replied, “I don’t think it was required to be a factor, but it could be a factor.”

Lozano asked her why and she responded, “Because it could go to whether or not the company is fit.” Whereupon Wardy reminded Elizondo that the Police Department had already evaluated the company and found it to be fit.

Then Elizondo said: “I believe the police department has already evaluated that and has made the recommendation to Council that they’re approving it because they believe the company’s fit.” Didn’t Wardy just say that? I’ve heard of lawyers being mouthpieces, but sometimes Elizondo acts like she’s Wardy’s automaton. It’s kind of freaky.

“Don’t confuse us, please,” said an all too easily confused Lozano. (Mr. Lozano, you can’t help it, and here’s a little secret: Elizondo can’t either and she frequently confuses herself, I’m sure.)

The item was approved unanimously.

Legislating Sobriety?

Because there simply isn’t very much to Wardy’s state legislative agenda (or his federal agenda, for that matter, or his economic development agenda for that matter, or any of his other agendas for that matter—if they even exist, besides that rampant cronyism agenda, of course), Council didn’t spend much time on real priorities. (You know, like asking the state for help with economic development, job creation, fighting for displaced workers, funding important programs, all that frivolous stuff.) Instead, the focus of most of the discussion on 15B was about curbing the flow of potential teenage drinkers into Juárez:

15B. Discussion and action on the proposed 2005 City of El Paso Legislative Priorities. (Attachment) [Mayor Joe Wardy, (915) 541-4145]

Laura Uribarri, Wardy’s (soon to be ex-) executive assistant, explained the changes to the already mediocre legislative agenda. Uribarri, by the way, is the same woman who touted herself as an El Paso loyalist who was proudly “giving back” and fighting the “brain drain” (well, maybe so, but only until the next best offer comes in…it came in and now she’s headed to Austin to lobby for El Paso Electric). She’s also the same woman who, on Wardy’s order, called to bully the Housing Authority early into Wardy’s tenure.

I didn’t have much time to review the “priorities” on the “agenda” she put together before the meeting because it wasn’t placed on the web until either late Monday or early Tuesday for the Tuesday morning meeting.

Uribarri, sporting what appeared to be a colorful wooly mammoth skin around her shoulders, stated that she had included some of Council’s recommendations to the latest draft of the legislative agenda.

One of the new priorities was created by Assistant City Attorney Elaine Hengen, who asked the Council to request some “legislative relief” for a quirk in state law that requires a certain number of days between the canvassing of votes and the runoff elections, which would jeopardize local elections held in May.

Another item from the City Attorneys office concerned interlocal tribal contracts as they relate to fire and police. The legislation would recognize the Ysleta del Sur Pueblo as an entity so the City could enter into an interlocal agreement with them for emergency response agreements.

Ambitious list, ain’t it folks? What leadership! What vision! Is this what Wardy calls “out of the box” thinking?

The final issue was that of underage drinking and stopping kids 17 and under from going into Juárez to party.

Lozano made it clear that he does not favor legislating this, stating that the City already has un-enforced laws on the books that should help curb the problem. He suggested working in cooperation with Juárez instead of asking the state to empower the City to deal with it.

Book ‘Em Dan-o!

Lozano, who stole the show and who was the only City Representative who didn’t support the plan to ask the state for added power, said, “We’re still gonna have a problem. The curfew is 17 and I don’t think we’re not enforcing it properly…so you know, if 17 and under are not allowed where is the result here? The problem is not just 17, it’s 18, 19 and 20s. We have homeland security…anybody threaten our safety…you know we can raise the age limit, the curfew up to 18 unless you wanna raise it to 21. How far you wanna go? So you know, between the homeland security, the curfew… that should be sufficient. If they’re comin’ to the United States and they’re drunk, stop ‘em, book ‘em…”

I wondered if that “book ‘em” order was just for 17 year-olds or for all of us walking back from Juárez after having thrown back a few. If it’s meant for all of us, then your old friend Sid might end up spending a night or two in the pinta.

John Cook reminded Lozano that “We already have police at the border; the only problem is that they cannot prevent minors from crossing the border. You just have to wait until they come back and they’re drunk and the damage is already done…I’m in total support of passing this on to the state legislature to empower our police department.”

Cobos gave his usual “(despite all evidence to the contrary) I’m fantastic, you’re fantastic” speech to Lozano, saying, “I really appreciate your concerns, and I think you made an excellent point.” Ultimately, though, Cobos (who had initiated this discussion the previous week) said, “I don’t know that there’s one clear-cut solution to remedy…what we’re asking the state to do is to give us the authority to draft a local ordinance…that is going to help us resolve the very complex problem we have here on the border…I am very supportive of this.”

Police Chief Wiles said that the Santa Fe Bridge is the cops’ main focus and admitted that if young people hellbent on partying use the other bridges, that means they’re driving over.

Lozano asked Wiles what the PD will do about those kids 18 and over. Wiles said that because they are legally adults, they have to wait until those kids come back over.

Exercise Those Flabby Minds

Then Wardy said, “If we can put a huge dent into that, then we’ve accomplished a lot in this community” (and here I knew what was coming) “and that’s the point of this whole exercise.”

Susan Austin wondered if, once the law was passed, the police department would be required to enforce the law at all times and said, “Clearly we do not have the financial capacity to enforce it all times for all under 18s crossing at any time 24/7.” Susan, you flabby thinker extraordinaire, I sincerely doubt that these kids will be going over the bridge for early morning Bloody Mary’s before Trigonometry class. But what do I know? My glory days are way, way over.

Lozano pointed out that the state didn’t approve legislation that would allow cities to do this last year and that no other cities have moved forward with something like this either. For all we know, he surmised, other border cities might not be interested in joining us.

“Mr. Lozano, we have a lot of clout with the border communities,” proclaimed Wardy, “We have the clout with our elected delegation and the support of the other border cities.”

“I believe that this is a political move,” complained Lozano, who might have been referring to a poll conducted last year that showed a large majority of El Pasoans would support legislation like this.

And in a moment of accidental candor, Wardy replied, “It’s how we make our laws.” Indeed.

Will the Real City Legislative Priorities Please Stand Up?

Once it had been established that all but one Councilor would support the efforts to curb teen Juárez border/bar hopping, Cook brought up a real priority that Uribarri again left off the priority one list. “I was a little disappointed that we didn’t move workforce development [up],” said Cook. Instead, Uribarri listed it as a second tier priority, which means that the City would not actively seek legislation.

Uribarri informed Cook that she had done additional research on this issue and said that Diane Rath, the “chairwoman” of the Texas Workforce Commission would be “championing the issue of getting more discretion” for local funds.

She then said that “from a protocol position…a community like El Paso would be wise to follow in her footsteps…not to introduce competing legislation…it’s a recommendation based on my experience…on the way these things work their way through the legislative process.”

“Could we not ask to co-sponsor the bill?” asked Cook.

Wardy then jumped in. “Some of the strategy that we’ve employed is on the advice of our lobbyist.” (Did you actually utter the word “strategy,” Mr. Mayor? If doing virtually nothing to move El Paso forward can be called strategy, then you’re a master strategist, sir.)

Austin recommended language that would make workforce development a priority and Uribarri finally relented.

Uribarri also allowed Mr. Cook to make seeking additional funding for transportation infrastructure a priority, “As long as we’re not the ones going out to try to initiate legislation,” Uribarri warned.

That’s right, Mr. Cook! God forbid you try to exert any leadership…Uribarri will set you straight. Austin, Texas, watch out!

Still Clueless After All These Years

Then Wardy, who still, after all this time sitting in the big chair, said, “Since this is technically a resolution, I don’t think it requires a motion on our part.”

Uh…what? Where has Wardy been for the last year and a half, folks? Of course resolutions need to be approved! This isn’t the first time a resolution has come before Council and this is also not the first time he has been clueless about how to proceed with one. (Speaking of “where has he been?” and Wardy having no clue, earlier in the meeting when a city staff member asked that an ordinance introduction on the agenda be voted on separately, Wardy said with absolute confidence and equally absolute inaccuracy, “You can’t do that!” He had to be informed that Council can indeed do it and has done it in the past.)

Explaining that she had to shorten the ordinance, Elizondo said, “There was a lot of verbage [sic] in there that is really not required.” Our $150,000 per year legal wunderkind has done it again (actually, she does it every time she opens her mouth)! This was another one of those misused Barbie Build Your Vocabulary! book words…it’s “verbiage”, not “verbage,” Lisa. Or maybe you meant to say “garbage” but got confused. That would have been more appropriate. Anyway, I wanted to send her a note and recommend she look in a real dictionary before trying to show off those new words next time. But of course I didn’t. It’s too much fun seeing her make a fool of herself.

Community Input…who needs it?

Several folks addressed Council, and they were all in support of Council’s “bold” stance against teen border bouncing and boozing.

Ric Schecter was the only community member present who wanted to talk about the rest of the “agenda.” Schecter asked some questions and made a couple of recommendations, one which I heartily disagreed with. He said he objected to asking for additional state funds for El Paso Community College because they are a taxing entity and can raise their own funds. Sorry, Ric. If only the state would take more responsibility for educating our citizenry, we wouldn’t have to burden local taxpayers with so much of it. Schecter (who is usually right on the mark) was being thoroughly illogical on this issue. Using his logic, no taxing entity (e.g. the city, the county, the school districts) should ever ask for more money from the state because they can always raise their own funds. Obviously, I disagree strongly.

Wardy quickly tired of Schecter’s participation in his local government so at one point he interrupted him and said, “We appreciate your input, but your time is up, your three minutes are up.” Schecter objected, saying that other folks—those lobbying for the teen drinking issue—had gotten much more time than he had. Mr. Schechter was absolutely right about the time issue. Council took up even more time by actually voting to give Schecter one more minute to wrap up. Good Lord.

Carl Robinson wondered if we have the ability to police the teen drinking issue. He wondered how the increase in resources and manpower would be paid for. He also wondered where the parents are. “Have we talked to the parents? Are we getting the parents involved in the process? We can pass legislation…but the effectiveness of it and involving the parents in this process is a key element in my opinion.”

I completely agree with Robinson. While it’s easy to try to legislate sobriety, it’s an issue that always has been and always will be around. Preventing 17 and unders from walking across the border downtown will mean most kids are going to end up driving over. That concerns me. And I also wondered, what about these citizens’ constitutional right to freely travel between countries? I’m fully aware that kids don’t have the same amount of rights that we oldsters do, but I’m with Robinson…if there’s a problem, work with the parents, and get to the root of the problem.

Council approved the resolution identifying the legislative agenda with Cook’s modifications and Wardy congratulated Council for their work and called it—you guessed it—a “comprehensive exercise.”

Maybe Elizondo can pass her Barbie Build Your Vocabulary Book over to Wardy so he can look up a synonym for “exercise.”

Grease is the Word

Okay, folks, I have to admit that I was really looking forward to writing about these next two items:

15C. Discussion and action on defining the City policy concerning the legal and proper disposal of "fats, oils, and grease" (FOG), and whether such policy should be handled by the public or private sector. [Mayor Pro-Tem Anthony W. Cobos, (915) 541-4123 and Representative Robert A. Cushing, Jr., (915) 541-4996]

15D. Discussion and action concerning the proper designation of regulatory oversight for the supervision and enforcement of rules and regulations defining the proper and legal disposal of "fats, oils, and grease" (FOG). [Mayor Pro-Tem Anthony W. Cobos, (915) 541-4123 and Representative Robert A. Cushing, Jr., (915) 541- 4996]

Now, if anyone on Council can talk knowledgeably about fats, oils and grease, it’s Cobos and Cushing. Go with the experts, I always say. Parumpum!

Cushing began the discussion with a great line, announcing that “basically, in El Paso, we don’t have any type of facility to get rid of anything that’s nasty.”

It couldn’t have been a more perfect statement. I wanted to rush the podium and excitedly proclaim, “You’re right, Bob, we don’t have a ‘facility’ per se. However we do have a mechanism for disposing of all things nasty and it’s called an election. There will be one this May, and I hope we get rid of all y’all nasty guys!”

Cushing went on to explain that in 2002 at least nine million gallons of grease went unaccounted for and he wanted to look into a plan for disposal of the nasty stuff (the fats, oil and grease, that is, not the Four Horsemen unfortunately). He warned ominously, “It won’t evaporate; it’ll just get to stinkin’ worse.”

This was another perfect entrée for me, and I wanted to again rush the podium and interject, “You’re so right-o, Bob-O! It will indeed get ‘stinkin’ worse’…the nasty things will just continue to sit on Council, chomp on gum, spit their nastiness into plastic cups, and bully people.”

Lozano proudly reminded Council that he successfully fought one of these rendering plants last year. “We don’t need it on our front yard, we need it at least a thousand miles away, well, not miles…anyway.” Huh?

Ellen Smythe from Solid Waste Management said that there is a liquid waste facility in Mesquite, NM (15 miles away) in Doña Ana County. In fact, she said, the individual who runs that facility said six haulers in El Paso use his facilities. She observed that there is no current tracking system.

City Manager Joyce Wilson said that the City could explore some kind of hybrid deal where a facility can sit on one of our landfills.

John Cook said that once a manifest, or a tracking system, is put in place, then the private enterprise will move to fill that critical disposal role.

Dave Bosemen from the PSB said that El Paso is the only city without an effective grease management (not disposal) program. He agreed with Cook and said the grease disposers don’t want to move in without a program. He said it’s essential to get a disposal facility, but the first step is to get the program going. The manifest system is the key.

While I agree wholeheartedly that we must manage our grease, what’s paramount to me is disposal of the greaseballs. Unless we get rid of them, the corruption will continue.

When Boseman was finished, he asked if anyone had any questions for him. I again had to control myself from going to the podium and asking, “Do you think ‘Grease’ was the greatest musical ever?”

No action was taken on either item, but the City Manager and City Attorney were directed to look into the matter. And for some reason, I just couldn’t get “Greased Lightning” outta my head for the rest of the day.

Forming a Committee to Form a Committee

The following item was placed on the agenda by Representative Lozano, in a response (finally) to Guillermo Glenn’s pleas that Council help address the problem of displaced workers:

15G. Discussion and action to direct the City Manager to create a committee to conduct research regarding the effectiveness of relevant workforce boards and entities for the purpose of gathering information relating to issues and problems experienced by displaced workers in El Paso to be presented to the Council. [Representative Jose Alexandro Lozano, (915) 541-4515]

Because Lozano was not in the room when it came time to discuss the issue, it fell to Anthony Cobos to ask Guillermo Glenn for advice on how to structure the committee.

Glenn said that the structure would be very important and he wanted to add that it would be fruitful if the committee could provide input to Texas Workforce Commissioner Diane Rath’s plan (mentioned by Uribarri). He said the committee’s main charge would be to develop a plan or policy to handle the problem of displaced workers.

Cushing asked, “What will the logical conclusion of this committee will be?”

Guillermo Glenn – again, as he had been repeating for months and months – said that the Upper Rio Grande Workforce Development Board is the group that makes decisions about workforce investment funds, but according to him, they have been unwilling to address the issue of the limited-English speaker, and he wants the committee to look into that. Glenn said that the workers have been to four meetings with the Workforce Board and have still gotten no answers. They want to know what classes they can attend, who will carry out the bilingual classes, are the teachers certified.

Wardy, again expressing skepticism about the committee he promised Glenn a long time ago, said, “I think we need to look for real solutions and tangible ideas other than just throwing money at it…but I’m not sure that this committee is the proper venue.” Wardy added that the Workforce Commissioner is looking to give the City a waiver so that it can make more decisions about the federal funding it receives, and said the Workforce Board has very little power, if any, over the funding or programs.

Glenn said he and the displaced workers met with the Workforce Board and they informed him that they do indeed have more discretion than Wardy says it does.

Lozano, who had finally come back into the room, told Cushing that a committee is important and he wants Council members to serve, like “Ms. Rojas, Mr. Presi, myself,” he said. And that statement made me wonder…had Presi Ortega asked Lozano to address him not as Mr. Ortega or Representative Ortega, but instead as Mr. Presi. I like that. From now on, maybe I can be addressed as Mr. Sid. Or Sir Sid. Yeah…Sir Sid!

Highway to Hell (Angus Young would be proud)

“Look, Mr. Lozano,” complained Wardy, “the road to hell is paved with good intentions.” At this point I wondered, if the road to hell is indeed paved with good intentions, what happens when a city is run by people like Wardy, Cobos and Cushing, who have absolutely no good intentions? Hmm. Food for thought. Maybe that road goes directly to the inner-most circle of hell.

Wardy continued. “If we don’t put people on this board qualified to help us in this exercise [that word again!]…then it’s gonna be the same exercise [not again!] as in the past,” said an exercised [!] Wardy.

Lisa Elizondo suggested that they not form a committee and opined that a board would be more appropriate. Why a board and not a committee, she never explained. I expect there was no rhyme or reason to her recommendation…but she was able to provide a (non-legal) opinion and look authoritative at the same time (that was probably a recommendation from Barbie’s “Seem Smarter Than You Really Are” chapter in the You, Too, Can Be a Big Shot book).

Then Elizondo asked Richarda Momsen (the municipal clerk, not an attorney) how city boards are formed. (Had anyone been watching me, they’d have seen me drop my pencil and my jaw and shake my head disapprovingly at this point.) I cannot tell you how much sympathy I have for Ms. Momsen. Not only does she have to sit in the middle of this cesspool every week, but now she’s being asked by the City Attorney (who makes considerably more than she) to give legal advice!

Momsen informed Elizondo that boards are usually created by ordinance, but she couldn’t answer whether an ordinance is legally required (neither could Lisa Elizondo, of course, but then she’s merely the head of the legal department at the City and someone who claims to be a lawyer).

My friends, the City has formed blue-ribbon ad-hoc committees and task forces in the past to research and discuss issues that need immediate attention and they have not needed ordinances. But Wardy wanted to go the ordinance route, “an exercise” that would take at least three weeks.

Wardy instructed Glenn to make a list of recommendations to Council about who should be on the board. “You can start that exercise tomorrow…that would be a very good exercise for you to help us with,” said Wardy, who, from my view, was just “exercising” his lips and sorely exercising my diminishing patience.

We Need a Smoking Ordinance in Council Chambers!*

*(To deal with the silly smokescreens)

Cushing then compared himself to Glenn and said, “I guess, you know having been a union officer for 20 years I probably have stood where you are as many if not more times when my people were out of work.” Cushing’s attempt to place himself in the same league as Glenn made my stomach turn, dear reader.

Cushing then did his darndest to get Glenn to wait three weeks to get this simple thing done. “The idea of saying just saying we’re gonna have a committee, it sounds good, but having been there, done that, bought the t-shirt more than once, I think if we take the time to very, very clearly, and we’re only talking a window of three weeks, you’ve come a long way, let’s do it the right way, that’s all I’m asking for.”

Cushing and Wardy know better, folks. This whole “right way” argument is a smokescreen they’re employing to keep postponing this issue and to keep bringing these poor folks back before Council. They don’t need to create a permanent board; what Glenn has been asking for is an ad-hoc committee that will immediately jump into the issues and get some answers and possibilities to the Mayor and Council. You don’t need an ordinance to do that—it’s that pure and simple.

When Austin reminded Wardy that the task-force model I mentioned could be created to get to the issues immediately, Wardy said, “The problem with the ‘mayor’s task force’ is that it’s only as good as the mayor that’s sitting here. Five months from now that can be someone else.” From your lips to God’s ears, Mr. Joe! And he’s right. It is as good as the mayor who sits there. And with this mayor, that means . . . . Well, you know what it means, dear reader.

Wardy, as always, seems to have missed the whole point of this . . . exercise. Glenn and his folks don’t want the committee to carry on for five months, they want assistance now.

Wardy asked that both routes – an ordinance and a task force – be looked at and that a presentation be made to Council (by whom, I could not tell).

Lozano then made the motion to have the City Attorney’s Office create an ordinance in order to create the board. The motion passed unanimously.

I love how these guys pontificate about getting it right when their real goal is to prevent action. When they want to insure that one of their contributors gets a city contract they don’t deserve, they never waste any time. They go at it a mile a minute—the hell with the rules, the hell with the law (there’s that highway to hell!). In this case, instead of simply taking swift action, pulling together a task force and getting to work, they make it as complicated as possible. They couldn’t be more transparent if they tried.

What’s in a Name, Updated

I received word from two different readers last week that the following individual listed in the agenda item is indeed a close relative of David Escobar’s:

19B. Public hearing to determine if the property located at 7204 North Loop Drive, in the City of El Paso (legal description on file with the City Clerk) is a fire and safety hazard, and a nuisance and whether the same should be repaired or demolished. First investigated June 16th, 2004. The owner of this property, Jose M. Escobar, 7221 North Loop Drive, has been notified of the violations at this property. Delinquent taxes in the amount of $0. (District 3) (Attachment) [Building Permits & Inspections, Tom Maguire, (915) 541-4588]

Tom Maguire made his presentation and said that the property, which was first investigated on June 16, 2004, has been used as a harborage and that there’s been insufficient action by the owner.

Lozano said that at 9:15 that morning Jose Escobar called him and promised he would be getting a permit for demolition. (By the way, 9:15 was after the council meeting had begun.)

Maguire said that would have no bearing on the action.

Council approved the item.

Mustang Tony Redux

Since Cobos’s request for a convertible that he could sit in so he could wave to his adoring fans at the Sun Bowl parade last week, the next item was right up his alley:

21G. An Ordinance granting Special Privilege to the Sun Bowl Association authorizing the encroachment of seventy-nine temporary street displays on city fixtures and utility poles on portions of Airway Boulevard between Gateway West Boulevard and Convair Road promoting the Vitalis Sun Bowl Game. (Fee: $3,160.00, SP-04026) (District 2) (Attachment) [Planning Research and Development, Esther Guerrero, (915) 541-4720]

The City waived the fees in the amount of about $3,160 for rental of street right of way and $4,592 for the Street Department costs to put up the brackets and banners. Council approved it unanimously.

Redefining “Lowest” Bidder

My friends, that bid rigging meter was an excellent investment. This week, the needle nearly broke out of its glass case because there was yet another major “BID RIGGING ALERT!”

As we’ve come to expect, Anthony Cobos again flaunted his ability publicly change the rules in the middle of a game. Despite having been told in no uncertain terms by Assistant City Attorney Ruth Reyes that he can’t do it, Cobos tried to perform the old points switcheroo maneuver while Wardy looked on approvingly:

10. BID: If apparent low bidder is disqualified for any reason, City Council reserves the right to exercise any option legally available under the law by awarding bid to next lowest responsive and responsible bidder even though the bidder is not named on this agenda.

Solicitation No.: 2005-007 Paint and Painting

Award to: KWAL Paint, Inc. Denver, Colorado

Item (s): #1 thru #22

Amount: $30,000.00 (estimated annually)

Department: Facilities Maintenance

Funds available: 31010326-503200-01101

Funding source: Building Maintenance General Operating Funds

Total award: $90,000.00 (estimated)

District (s): All

The Building Maintenance and Purchasing Departments recommend award as indicated to the lowest responsive offer meeting specifications, from responsible parties.

Vendor offers the City the option to extend the term of the contract at the same unit prices for one (1) additional year if the option is exercised within one (1) year from the date of the award.

Vendor also offer the City a 2% ten (10) days prompt payment discount.

This is a Requirements Type Contract with an initial term of Thirty-Six (36) months. (Attachment) [Purchasing Department, Jesus M. Juarez, (915) 541-4317]

I knew something was up when Cobos asked that this item be taken off of the consent agenda. When the item was read into the record, he took the lead and asked why this bid was awarded to an out-of-town firm. Byron Johnson, Director of Purchasing, explained that the winning company is indeed local, but that they have a home office in Denver, which is where the bid comes from.

Cobos wanted to know if their payroll was local and Johnson said he had no idea.

Cobos argued that KWAL Paint, who was being awarded the bid, was not actually the lowest bidder; the only thing that makes them the lowest bidder, he argued, is the discount they’re giving the City for prompt payment. Cobos then argued that City Council should disregard the discount and award the bid to the company that would then become the lowest bidder.

Folks, quick payment discounts are standard and are generally substantial. In this case, it was only a $200 savings, but it was how KWAL paint got the award, and they got it fair and square.

Austin asked if Council would be legally allowed to give preference to local firms and Elizondo said they could not (it’s against state law, my friends).

Lozano informed Cobos that this company is indeed local, operates a local facility that used to be Hanley Paint and employs local folks. Cobos suddenly didn’t care about any of that.

Assistant City Attorney Terry Cullen-Garney had to remind Council that local preference is not allowed under the Texas bidding statute, and that if they disregard the lowest bidder, a reason has to be given on the record as to why Council made that decision. She suggested postponing the item.

Cushing slyly offered a strategy, recommending to Cobos that he focus on the fact that the City might not pay on time; therefore, there was a possibility that the City would lose the 2% discount.

City Manager Joyce Wilson said that if Council rejects the lowest bidder who offered the City the discount in this case, Council will have set a precedent. And a very bad one, I might add.

Cobos tried looking for other ways to try to get around the law and when he couldn’t, he said he wanted to postpone the bid in order to have the Purchasing Director find out who KWAL Paint banks with, who does their accounting and other services. The man just won’t give up.

When Cobos was told he could not do that, he moved to reject all bids.

Okay. I have to ask this. Is there a local FBI presence in El Paso or not? Have they just decided to ignore what Cobos and Wardy do on a regular basis? Does any law enforcement agency give a damn?

Austin’s City Limits

Susan Austin, who had finally been moved to anger by Cobos’s illegal and outrageous acts said, “No offense, I support local firms, too, but we have to find more effective and lawful ways to do it than to fly in the face of state law…this is crazy…we keep putting things out and jerk them back because of the games we’re playing.”

Yes! Finally! Can we give the woman a hand? I wanted to stand up and yell, “You go, girl!” It’s about time. Someone on Council FINALLY stated the undeniable: Council has to stop breaking the law!

Lozano again asserted that this is a local firm, in El Paso with El Paso employees.

Wardy, who is always complicit in this unethical switcherooing, seemed to encourage the rejection of this bid by helpfully reminding everyone that Cobos had made an un-seconded motion to reject all bids. Take a wild guess as to who seconded the motion, folks. Bingo! Robert Cushing seconded the item, but alas, it failed. Those voting against rejecting the bids were Austin, Lozano, Ortega and Rojas (Representative Cook had left the meeting earlier and was absent for the discussion and the vote).

Cobos made a motion to postpone the item, and the only no votes were Austin and Rojas. I guess Ortega and Lozano will only go so far to vote their consciences and no further.

The item will be back, and I’ll keep a close eye on it. A word of advice to KWAL Paint: (Say it with me now)…Get a lawyer, KWAL, and KWIK! It’s getting to the point where every business that submits the apparent winning bid on a city contract should have legal papers pre-drafted so that when the Cowardy Council rejects or postpones awarding the contract, they can file their lawsuit pronto. It would be a major time saver, that’s for sure.

Unfair Competition

And that was the not-so-KWIK meeting. Can you folks at home see a pattern here? What about you, FBI guys and gals? Whenever Wardy, Cushing and Cobos see that the City is awarding bids based on rules—and not by consulting Cowardy political contributor lists—they do their best to smother fair competition. This should anger small business owners (and the rest of us, for that matter) because of the favoritism and blatant corruption/bid rigging. How can anyone who doesn’t play the “massage my campaign bank account” game with Wardy, Cushing and Cobos get a fair shake? The answer is that they don’t.

And in case you missed this article (which gives virtually no detail or context so it’s hard to know what the real issue is), be sure to check it out: “Manager’s Role Sparks Long Debate” http://www.borderlandnews.com/stories/borderland/20041204-202425.shtml

Until next week, folks.

Comments or questions: shmaven@yahoo.com

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