1.18.2005
This week it was “friendly
wagers,” mass bid rigging, gifts to developers, bias in the media (Really? No way!
I’d never guess!), and Stepford staff members. Settle in and prepare to be outraged, my friends!
The Wind Beneath His Wings
During the ceremonial part
of the meeting, Wardy stated that he had made a “friendly wager” with the mayor
of Boulder, CO and because the UTEP Miners lost to their team, Wardy would have
to wear a Colorado Buffallo football jersey in a photo.
2. Recognition of SUCCESSFUL 2004 UTEP Football
Season AND acknowledgement of friendly wager with the City of Boulder Mayor,
Mark Ruzzin
When Wardy finally squeezed
his torso into that poor football jersey (which alone was worth the price of
admission), he asked Council to join him in a photo. Standing in the middle of the photo, Wardy’s jersey was so tight
it looked like he was wearing a body suit.
I expected Anthony Cobos and Presi Ortega to elbow each other in an
attempt to stand next to Wardy for the photograph (like eager single women
vying for the bridal bouquet). Sadly,
they didn’t (what a hoot that would’ve been!).
But Presi enthusiastically assisted poor old Joe in pulling himself out
of that jersey once the photo was taken.
I was touched by their special relationship.
Cleanup, Interrupted
I kept a close eye on this
week’s Mass Transit Board Agenda, folks, and that agenda item that Bob Cushing
postponed last week was back again:
1.
Resolution that the City of El Paso Mass Transit Department Board be
authorized to sign an Agreement for Consultant Services by and between the CITY
OF EL PASO and AMEC Earth & Environmental, Inc., for a project known as
"Sun Metro Diesel Remediation Project" in an amount not to exceed
SEVEN HUNDRED FORTY THOUSAND DOLLARS AND NO/100 DOLLARS ($740,000.00). (Action 05-05) (POSTPONED FROM 01-11-05) (Attachment)
Cushing said he hadn’t had a
chance to review the bid, but was concerned about its “origin”; he also said he
wanted to meet with the staff of Terry Lee Scott, Director of Mass Transit/Sun
Metro. And he said he wanted to postpone it for yet another week.
Scott explained that in the
late 1980s, about 900,000 gallons of Sun Metro diesel fuel leaked into the
soil; so far, 500,000 gallons have been pumped out, but there’s still diesel
left underground. Scott explained that
this diesel removal work has been ongoing since 1990, but that the extracting
process has been shut down for the last four months. While there is no crisis, explained Scott, the plume starts to
move when it’s not being controlled.
Scott also mentioned that the contract with Viva Environmental, the
company doing the work, expired and was not renewed because there were “issues”
with that company at that time. Scott
stated for a second time that no diesel is being extracted from the ground and
the diesel can migrate if they don’t proceed.
Nevertheless, the item was
postponed once again for one week at Cushing’s request. This agenda item and Cushing’s action
postponing it is a perfect metaphor for this Council: Let’s ignore the festering cesspool beneath us while we search
for a way to help a crony get a lucrative contract. Yeah. That’s the ticket!
Mass Corruption
The second mass transit
board agenda item was one I had been anticipating for weeks now: It was the award for the heating,
ventilation and air conditioning (HVAC) system replacement at Sun Metro. When this bid was about to be awarded in
November 2004, Wardy made a big deal about the fact that it hadn’t been award
to Albert Gamboa, owner of Thermodyn (who coincidentally had given him a fat
campaign contribution earlier that spring).
Well, Wardy got his $4,500 contribution, so Gamboa got his reward:
2.
Discussion and action to award the following:
BEST VALUE PROCUREMENT:
Solicitation No.:
2005-005 Sun Metro
Administration & Depot Building HVAC Replacement
Award to:
Thermodyn Contractors,
Inc. El Paso, Texas
Department:
Sun Metro
Funds Available:
60600011-G600444-11646-508003 $317,150.00
60600011-G600441-11643-508003 $262,000.00
Funding Source:
Federal Transportation
Administration Grants Items
Base Bid $579,150.00
Total Award:
$579,150.00
District:
8
Action:
05-06
The Departments of Sun Metro and Engineering
recommend the award
of this contract to Thermodyn Contractors, Inc., as
this Offeror has provided the Best Value Proposal. It is requested that the Chairman of the Mass Transit Board be
authorized to sign the referenced contract approved by the City Engineer,
Contract Compliance, and the City Attorney.
Additionally, it is requested that the Chairman of the Mass Transit
Board be authorized to execute budget transfers for this award and project, as
necessary. As part of the award of this contract, the City Engineer is
authorized to approve contract changes which are necessary for proper
construction of the work and carrying out the intent of the design, but which
do not increase the scope of the contract as awarded, in an amount not to
exceed $25,000 per numbered change order, and not to exceed the total of 25% of
the original contract price as awarded, without further authorization by the
Mass Transit Board. (Attachment)
This item had been postponed
twice before: It originally came up on
November 23rd (http://www.thestrelz.com/shm/2004_1123.htm)
when it was awarded to Funk & Co., and then it was postponed until the
December 14th meeting (http://www.thestrelz.com/shm/2004_1214.htm);
it was finally back at this meeting, but with…drumroll, please…surprise!...a
new award recipient (big Wardy campaign contributor). Is this what they mean when they say Wardy is “pro business”?
Well, folks, I for one was
flabbergasted at the transparency of the Wardy & Co. cronyism. (When I demand transparency in government,
this is not what I have in mind.) As I
mentioned before, this contract was originally awarded to Funk & Co., but
Wardy fussed about the fact that Gamboa’s company, Thermodyn, lost points on
the bid tabulation. Thermodyn lost
points, in part, because of a poor history on other jobs. In fact, one of the black eyes Thermodyn
received resulted from a violation on a TxDOT project, and, to
quote…well…myself (November 23rd notes):
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
America Undercover:
Joe Wardy at the Point
Well, in what has become a
standard move by this Mayor and Council, points are switched around at the last
minute to ensure that the fair competitive bidding process is thrown out the
window and Wardy & Co. campaign contributors walk away with taxpayer
dollars. What a coincidence that this
last-minute points- switcheroo only happens when campaign contributors don’t
win city bids fair and square.
When Wardy was trying to
kill the award to Funk & Co., he pretended to be a disinterested party and
boldly (and very foolishly) claimed not to know any of the companies in
question. To quote myself again from my
November notes:
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.
City staff (including the
City Manager) yielded to Wardy’s wishes, the City Attorney looked the other
way, and Albert Gamboa’s campaign contribution paid off…big time. Gamboa’s $4,500 contribution produced a
whopping $579,150 (the total contract award). That’s a 12,870% return on investment. Jackpot! I’d say Gamboa
got off mighty cheap, wouldn’t you?
Byron Johnson, Director of
Purchasing, explained that, at the direction of Mayor and Council, staff
re-evaluated the bid (I’m sure they did, and with one eye trained carefully on
Wardy’s campaign finance report), gave Thermodyn a second chance to supply more
references, and then suddenly decided to
change their recommendation and award the contract to Thermodyn. John Cook was the only Councilor who brought
up the issues mentioned in previous meetings about Thermodyn’s very imperfect
past with TxDOT, asking, “Wasn’t there an issue with TxDOT and Thermodyn?”
“No sir, there was not,”
replied Johnson. Gee, that’s not what I
recall.
I guess Byron Johnson
underwent the local equivalent of the Stepford treatment, from which hitherto
insufficiently docile staff members emerge with erased (or re-programmed)
memories and unquestioning compliance to Wardy & Co. directives. You know, come to think of it, I thought I
noticed a glazed, blank look on Johnson’s face. What’s next? A coquettish
Johnson wearing a blonde Nicole Kidman wig at the next meeting? Presumably, any staff member who refuses to
undergo the treatment is unceremoniously removed (look at the City Attorney’s
office and most recently, the Grants Office).
Lisa Turner, a local
outspoken community activist, addressed Council and said, “First time this
contract came up, somebody else won…I’d like to suggest to you that for your
safety…that you re-bid this…you shouldn’t be sending people back to redo things
and then awarding it to a different person.”
Wardy made his excuses and
claimed they were trying to make the process “fair and equitable.” You’re kidding, right Joe? I can see Wardy’s campaign billboard
now: “He brought fairness and equity to
oppressed major campaign contributors!”
Wardy then claimed,
absurdly, “We’re still trying to go through and get good at this.” I’d say, given your perfect track record,
Mr. Joe, that you’ve become experts.
Wardy went on to defensively say that what they had done was not a
“juggling of numbers.” It was all I
could do to suppress a very loud guffaw at that moment. What else could you call it, Mr. Mayor?
Turner again stressed that
the company that was originally awarded the contract (Funk & Co.) didn’t
get any of the special consideration Thermodyn had received. Of course not, Ms. Turner. They made two fatal mistakes: 1) they assumed the City’s bidding process
was on the up and up; and 2) they didn’t make a significant campaign
contribution to Joe Wardy.
Presi (at least I think it
was Presi) rose to Council’s defense and said that the City was saving
money—$40,000. At this point, though, I
had a hard time distinguishing Presi from Cobos—they’re coming to act and look
so much alike it’s scary.
Lisa Turner stressed that
the money is not the issue – it’s the process:
“To me, in my eyes, it looks less than above board…just put it back out
to bid,” she said, pointing out that if Thermodyn is offering such a great
deal, it’ll get the award fair and square in the process. She warned them that they were playing with
federal money and it was better to be safe than sorry. You needn’t be concerned, Ms. Turner. No one, certainly not anyone from law
enforcement or any watchdog agency, will do a thing. And Wardy & Co. know it.
They only group that can do anything about this is the El Paso electorate. And if we don’t do anything, we deserve Joe
Wardy and his cronyism.
Council approved Wardy’s
rigged bid in what I believe is a violation of procurement laws; John Cook, as
usual, was the only “no” vote. And that
was that. I wonder if Funk & Co. ever
visited with their attorneys about this….
Developing a Crisis Only Certain Developers Can Solve
Before the meeting was in
full swing, Wardy moved the following item forward:
17B. Discussion and action to direct the City Manager
to direct Staff to explore the feasibility of third party subdivision approval
in preparation for the need to expedite the building approval process in
response to pending increased permanent troop strength at Fort Bliss. Staff
recommendation shall include any required ordinance amendment/s and shall set
forth qualifications for third party reviewers. [Representative Robert A. Cushing, Jr., (915) 541-4996]
Gen. Jim Maloney from the
Texas Military Preparedness Commission said that his presentation was only
generally related to the agenda item.
He gave a brief presentation about the makeup of the Commission and what
they have done, including policy recommendations during the Base Realignment
and Closure (BRAC) discussions.
Lisa Elizondo complained
that she didn’t know about the presentation and would have to just alert them
if a posting problem were to arise (I thought I saw her get back to the game of
Solitaire she was playing on her laptop after she made that
pronouncement). Gen. Maloney’s
informative presentation was great – but it sure didn’t meet the posting requirements
(not that this has ever stopped this Mayor and Council before!), and of course,
Elizondo never alerted them (she was busy trying to beat her all-time high
score of 52).
Once Gen. Maloney’s
presentation was over, Cushing said he put this item on the agenda because
“we’re looking at this as an economic development tool to basically posture
ourselves for the troops that are known to come into El Paso.” He said a “tool” was needed to create new
housing. That “tool,” my friends, is
policy that this Mayor and Council want to create to make it easier for their
builder/developer buddies to build thousands of new homes – and fast.
“Right now, we’re on very
short timeline on this,” said Cushing, “and I wanna thank the Mayor for last
week having worked with the Public Service Board to get the [PSB] property
sold, appraised for the sale in northeast El Paso but what’s being discussed
here is something which’ll streamline our developmental and building process
and create a good work product.”
Cobos of course had to
praise Cushing up and down for this and he then proclaimed, “I believe that it
is to our advantage to have a very strong policy for new housing…that’s going
to be appropriate for the mass troop movement into Fort Bliss.” Even the un-initiated should know
something’s up when Cobos starts praising a fellow troikette. Cobos then opined that the City needs to
move “as expeditiously as possible,” and announced, “we need to take drastic,
extreme action today and in the very near future and keep the pressure on to
come up with a policy that is user friendly.”
Conspiracy Theory*
*Of course, the most relevant
question is…who should play the role of SHM in the El Paso version of this
film?
Tony, Bob and Joe, my good
friends, I saw this a mile away. The
plan: Create a “crisis” out of whole
cloth and then ram through polices to address the “crisis” that are designed
with Wardy & Co. developer/contributor buddies specifically in mind.
The City Manager informed
Council that the City Engineer has already looked into the code that would
expedite subdivision plan reviews and they would try to get a draft of this
ordinance to Council within 30 days.
She explained that a related item, number 16B (approved on the consent
agenda) sets the public hearing for the City’s plan to expand the third-party-plan
review of inspections for February 1st:
16B. An Ordinance amending Title 18 (Building and
Construction), Chapter 18.02 (Building and Construction Administrative Code),
Section 18.02.101.4.9 (Selection Procedures for Third Party Plan Review
Services) of the El Paso Municipal Code, to provide for the inspection of
Buildings and Structures by approved Third Party companies and to enumerate a
selection procedure for said companies.
(Attachment) [Building Permits and Inspections, R. Alan
Shubert, (915) 541-4557]
Cushing called the need for
more and immediate housing a “critical situation” (I told ya!) and said the
City “needs to move quickly.”
Assistant City Manager for
Building Services Pat Adauto explained what the proposed privatized subdivision
plan review process (say that ten times fast!) would entail and, although she
was clearly not deeply concerned, mentioned that most other cities do not, I
repeat, do not, do this.
When Austin asked that the
language in the ordinance clarify that what was being explored would be the
third-party approval of subdivision improvement plans and that this new
ordinance would not affect the City Plan Commission’s final approval authority
on plats, Bobby Bowling rushed to the podium.
Bowling, one of Joe Wardy’s
and Anthony Cobos’s biggest financial supporters and most insistent (and
successful) string pullers, wanted to ensure that Council stayed on task. Bowling, who also serves as the honorary
Chairman of the Special Interest Coalition, said that Council has three options
with regards to dealing with the arrival of the new troops: 1) “Doing nothing and failing”; 2) his
personal favorite, “Look[ing] at innovative ideas like this…and expand[ing]
upon that”; or 3) “doubl[ing] city staff” in the immediate future then laying
off people when the housing “crisis” ends, which he warned would be politically
unpopular.
Bowling then added, “Those
of us in the private sector are asking you to continue as a pro-business, PRO-GROWTH [emphasis is my own] Council
that you’ve been…and we ask for your support to allow third-party companies…to
do these inspections and these plan reviews.”
He said it was “critical” to make changes now. Of course it’s critical, Bobby.
Big bucks are at stake for you, no?
I was waiting for him to
also command, “Sit…stay….roll over…now quickly create policy to assist my
business!” But he stopped just short of
that.
Randy Bowling, also of the
Bowling Building Empire, brother to Bobby, and President of the El Paso
Association of Bowlings…er…Builders, lamented the fact that they have no
subdivisions under construction at the moment, and said, “Time is of the
essence!” I bet! Are those new Hummers waiting for you guys
at the dealership, Randy? Can’t make
the dealer wait!
The item passed
unanimously.
Bowling for Dollars
My friends, call me cynical,
but when Bobby Bowling and Robert Cushing are coming forward with an idea, and
when Cobos praises it up and down, well…Houston, we have a problem. My gut tells me the true reason to declare a
housing crisis and to sell off our land to developers is not because of new
troops arriving at Fort Bliss. It’s
simple. These guys see a golden
opportunity to use that arrival as an excuse for an orgy of development. It’s pigs at the trough, my friends.
In case you’d forgotten,
Wardy sent a strong message to his base (the developers and builders) on
election night in 2003, announcing that “we’re short 30,000 homes in this community!”
(http://www.borderlandnews.com/May2003elex/stories/20030504-109071.shtml)
Why did he make that emphatic claim (long before we ever knew we were getting
an influx of troops)? Because he and
several other members of Council have been bought outright by the
developer/building community, and they are owned by them still. Just check out their January 15th campaign
finance reports:
According to his campaign
finance reports, Cushing received no money from anyone this time around, but
that doesn’t mean he isn’t in their pockets.
He frequently lunches with Luther (“I’m lurking as stealthily as I can”)
Jones, is good buddies with David (“I own the Housing Authority!”) Escobar, and
is a big fan of the Bowlings. In fact,
he, Cobos and Wardy basically serve as front men for the Bowlings.
Now, if El Paso is happy
with a City Council that is owned by special interests—and is happy with the
corruption and policy distortions that such ownership inevitably causes—voters
should keep the status quo. But if, on
the other hand, El Paso’s citizens want a City Council that cares about the
city as a whole, about intelligent growth, about preserving El Paso’s natural
beauty (like its mountain and its arroyos), and about keeping taxes down—yes,
folks, rampant growth at the City’s periphery makes your taxes go up—we need to
get rid of the hand-maidens of the Bowlings and their ilk. It’s our choice.
Intermezzo:
Your Bias is Showing!
And do you ever wonder why
the TV stations and the newspaper just can’t seem to dig up any of this stuff
on Wardy & Co. (not that it takes any digging at all)?
I got a tip this week from
an alert reader (my favorite kind) that Wardy received a financial contribution
from KDBC Channel 4 General Manager, Bram Watkins (http://www.kdbc.com/news/kdbcnewsdetail.asp?qID=3&c=p).
Sure enough, if you look on page
25 of Wardy’s campaign report, there he is: http://www.elpasotexas.gov/city_clerk/_documents/2004/Mayor%20Wardy/wardy_071504.pdf Now, Mr. Watkins has the same right as any
other private citizen to give money to whichever political candidate he
chooses. But folks, in my mind, this
does create a perception of bias. How
can it not? And before I get pilloried,
let me add that I wouldn’t want TV or newspaper people giving money to
candidates I happen to support. It’s
the same perception problem, no matter who the candidate is.
Anyway, KDBC’s Mr. Watkins
now joins KVIA’s General Manager Kevin Lovell on the Wardy bandwagon. Lovell, by the way, has had his own
conflict-of-interest problems regarding Joe Wardy (http://www.newspapertree.com/newsletter.ssd?section=feature&c=2c5fac17515343c4)
and is openly supportive of his buddy, Luther Jones (http://www.newspapertree.com/newsletter.ssd?section=feature&c=c8495112b0e740fc
and http://www.newspapertree.com/newsletter.ssd?section=feature&c=5222d53283c2452b).
And of course, there’s the El Paso Times, our local daily that
lives in la-la land (or is it Wardyland?).
I am no longer surprised when they fail to discuss the goings on at City
Hall with any depth. The only folks privy
to the rampant Wardy & Co. cronyism are those of you who read my column or
watch the meetings. This week, the
newspaper tried to mildly disguise their bias when mentioning Wardy’s campaign
literature in their Op-Ed “Cheers” section.
Although they tried to temper their support by calling Wardy’s four-page
mailer “junk”—which it most certainly is—they also said it was “worth reading”
and made sure the mention wasn’t placed in their “Jeers” section (http://www.borderlandnews.com/stories/opinion/ourviews/20050122-14373.shtml).
Gentlemen…your bias is
showing!
Sudden Impact*
*Let’s have Stuart Mitchell play the
role of Dirty Harry in this version!
Now back to the issue at
hand: Building thousands of new
homes. Folks, if this Council is going
to pander to big campaign contributors and claim that there’s a housing crisis
so that their builder/developer buddies can make more money, then I say it’s
time to talk about impact fees. (For a good look at impact fees, visit http://www.brookings.edu/metro/publications/nelsonimpactfees.htm
and http://www.sprawlaction.org/toolkit/2impactfees.html.)
Impact fees are used by many
progressive cities to finance infrastructure needs. City leaders all over the country have recognized that growth
should pay for growth. We all know that
whenever there’s new development, there is a need for new streets, utilities,
new police substations, new fire stations, new public libraries, new parks
(although that’s rarely a part of El Paso’s equation), and new public schools
(which are the most expensive additions…check out “Outlying Areas Expand” in
this week’s El Paso Times
http://www.borderlandnews.com/stories/borderland/20050119-13789.shtml). That new infrastructure needs to be paid for
by someone, and it should be paid for by the builders and developers through
these impact fees. However, you know
who usually picks up the tab instead:
We the taxpayers. This was
precisely my earlier point about growth at the periphery.
Why do we already
overburdened taxpayers who need the City to focus on our existing streets and
parks continue to pay for growth at the periphery? I’ll tell you why: Our
elected officials don’t have the cojones to even utter the words “impact
fees.” And why not? Because the people who got them into office
and who keep their campaign coffers full—the builders, developers, engineers,
etc.—would cry bloody murder if they did, that’s why. The builders would claim that they are just looking out for the
homebuyer and don’t want new homeowners to have to shoulder the added
costs. Uh huh. As if they truly cared about the homebuyer. That’s a laugh. What’s really happening is that they don’t want to have to dig
into their fat profits (God forbid they not get their hands on those 2005
Hummers!).
Impact fees don’t just make
growth pay for growth; it can help ensure that growth is properly planned (by
virtue of the added cost to the developer).
I sure hope the community
forces itself into this conversation; if not, we’ll have more of the same: Developers making decisions about where, how
and when we grow instead of the community making the decisions. Is that what you want?
Overcoming Committee Phobia
Vivian Rojas asked that the
following item be moved forward:
20. PUBLIC
HEARING - MAYOR AND COUNCIL: An ordinance creating the workforce retraining
advisory committee, and providing for membership and terms, officers, rules and
regulations, administration, and duties of the board. (Attachment) [Representative
Vivian Rojas, (915) 541-4108 and Representative Jose Alexandro Lozano, (915)
541-4515]
As you know, Guillermo Glenn
(coordinator for the Asociación de Trabajadores Fronterizos) has been begging
the City to form a committee in order to help the displaced workers of El Paso
have a voice in local government.
There were seven amendments
that narrowed the qualifications of the members on that board, but the only
controversial item was Cushing’s insistence that the board only have access to
information available in order to keep the board from asking the City’s
Economic Development Department to “engage in any type of research work.” All amendments, including Cushing’s research
limitation, passed (but Austin, Cook and Rojas voted against that particular
amendment). Glenn told the El Paso
Times that he believes some of the amendments may limit what the committee can
accomplish: http://www.borderlandnews.com/stories/business/20050119-13808.shtm. That’s probably the point of Cushing’s
exercise, Mr. Glenn.
The agenda item (as amended)
passed unanimously. Maybe that
committee can begin soon because in the mean time, there are continued job
losses (http://www.borderlandnews.com/stories/borderland/20050122-14354.shtml).
Before Council moved on,
Glenn recommended that Council tie their taxpayer funded gifts…er…tax
abatements to jobs for displaced workers.
Good idea! Of course, Wardy
never addressed his suggestion.
Minutes from the Past
When it was finally time to
get the meeting in full swing, the following item was approved on the consent
agenda:
2. APPROVAL
OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval
of Minutes for Regular City Council Meetings of June 3, 2003 and January 11,
2005; Special City Council Meeting of February 21, 2003; and Legislative Review
Committee of the Whole Meeting of January 31, 2003.
(Attachment) Minutes for
Regular City Council Meeting of January 11, 2005
(Attachment) Minutes for
Regular City Council Meeting of June 3, 2003
(Attachment) Minutes for
Special City Council Meeting of February 21, 2003
There are more of those
minutes from the previous administration…very interesting!
An Unfortunate Series of Events
The following item
originally appeared last week (1.11.05) on the additions to the agenda (there
are now strict rules for placing items on the additions to the agenda, which is
created after the City Council agenda deadline has expired; you have to have a
serious deadline that you have to meet in order to get approval from higher
ups):
4A. That the City supports a grant application to the
National Vacant Properties Campaign for technical assistance to facilitate local
solutions to vacant properties and infill development issues; and that the
Deputy City Manager for Building & Planning Services be authorized to
negotiate, the City Attorney's Office be authorized to prepare, and the Mayor
or his designee be authorized to sign all documents necessary to support and to
complete the application, and to accept the grant of technical assistance upon
notice of award. The Mayor or his designee is hereby authorized to execute any
necessary budget transfers to accomplish the intent of this Resolution. (All Districts) Funding Source: To be
determined upon grant award, and authorized by OMB. (Attachment) [Building &
Planning Services, Patricia D. Adauto, (915) 541-4853]
Doesn’t that agenda item
sound good? I encourage you to read the
attachment. This is a grant that would
help the City of El Paso in its infill strategies (infill, as you know, helps
decrease sprawl in the outlying areas of El Paso by focusing development on the
city’s inner core). Also according to
the backup, “There is a grant submission deadline of January 15. The latest Council meeting before the deadline
is the January 11th meeting…Per direction of City Manager we were asked to put
this on the January 11th agenda.”
As I mentioned, this was
indeed on the January 11th agenda, but Robert Cushing (the same guy who is now
peddling the new “we need more houses and fast” pseudo-crisis) postponed the
item—just like that—with no explanation as to why he was postponing it.
If Cushing read the backup,
which I’m sure he did, he knew that the item needed to get approved at that
meeting on the 11th so the Grants Office could apply for the money to assist
with our infill strategies (and these infill strategies, my friends, would help
put some of those troops in our inner city—where costly infrastructure has
already been built and paid for). But
because of his quick, last minute postponement, the City missed the grant
deadline, so staff had no choice but to delete it this week.
What possible excuse can
Cushing have for this action, I wonder, which potentially cost El Paso many
thousands of dollars ($70k to be exact) and an opportunity for assistance with
smart growth infill strategies? We’ll
probably never know. And will there be
any consequences for old Bob? Probably
not.
That’s a shame. Cushing’s actions should make it perfectly
clear that he only pays lip service to infill issues and doesn’t truly stand
behind them. Especially now, when his
developer buddies (who openly call him “PRO
GROWTH”) are drooling over this new housing policy that Cushing himself
will help draft.
The beat goes on.
Another Postponed Bid?
Robert Cushing postponed the
following item for one week:
13A. Solicitation No.: 2005-065 Household Hazardous
Waste Disposal Services
Award to: Envirosolve, LLC Tulsa, OK
Item (s): All
Amount: $200,000.00 (estimated yearly)
Department: Solid
Waste Management
Funds available: 34010296-40403-502204
Funding source: Outside Contracts
Total award: $400,000.00 (estimated)
District (s): All
Solid Waste Management Department and Purchasing
Department recommends award as indicated.
Envirosolve, LLC, provided the lowest bid that meets all requirements of
the Solicitation. This is a twenty-four
(24) month contract with the option to renew two (2) additional years on a month
to month basis. (Attachment) [Purchasing
Department, Ray Heredia, (915) 541-4316]
With this Council’s history
regarding bids and “juggling” numbers, I’m mighty suspicious…again!
Another Blast from the Past
The following was an idea
begun by former Police Chief Carlos Leon and pushed forward by the previous
administration:
17C. Discussion and action on authorizing Police
Department staff to provide administrative support for the development of the
El Paso Regional Lab concept.
Coordination of local partner agencies and additional funding requests
will be completed through the Office of the Mayor. (Attachment) [Mayor's Office,
Phillip P. LoPiccolo, (915) 541-4145]
The item was approved with
no discussion.
The Council that Lives in Egypt
Speaking of an overburdened
tax base, the following item is an important one:
23. CITY
MANAGER: City Manager's report on current events and issues: Quarterly
Financial Report for FY 2005 and Status of Independent Audit. (Attachment) Financial Update
(Attachment) Quarterly Report
[Deputy City Manager, William Studer, (915) 541-4011]
If you recall, this Council,
after being told by the Mayor that no new taxes would be needed, began
proclaiming that residents wouldn’t have a tax increase in 2004. Then, when they were informed by City staff
that they were in fact handing taxpayers a 16% tax increase in fiscal year
2004, Council decided not to raise taxes – at all – despite the fact that their
Chief Financial Officer, Bill Chapman (now long gone), warned them of various
problems: A dwindling fund balance (the
City’s savings account), a need to fund more services, and a shortage of
funds.
Instead of implementing a
modest increase—which, to his credit, Mayor Wardy seemed to favor, once he
figured out what the hell was going on with his own budget—and which would have
obviated the need for a huge increase later, Council decided to put off the inevitable. In this case, short-term (political) gain
will mean long-term (financial) pain.
William Studer, the new
Deputy City Manager for Financial Services, gave the Council a presentation (in
the attachments, please look them over), which included the announcement that
the audit of the City’s finances should be completed soon (remember that folks
like Robert Cushing and others suspected there was money hidden away somewhere
and that’s why they ran Bill Chapman out of City Hall? I bet the auditors didn’t find any of that
hidden money…’cuz there ain’t any!).
Basically, folks, the
financial news for next year ain’t pretty.
The City is already projecting a $7 million shortfall for next year;
that means that next year we would need a 3.8-cent increase in our debt service
tax rate (which, according to Studer, is not within Council’s discretion). But hey, let’s look on the bright side…at
least Lisa Elizondo’s office is producing three times more documents (see last
week’s notes)! Yee haw!
Wardy said that the City
isn’t “locked into that increase” and can cut back on services or sell off City
property (http://www.borderlandnews.com/stories/borderland/20050119-13788.shtml). Cushing agreed, and Council took no action.
Where Efficiency=Incompetence, Part Deux
Speaking of Lisa
Elizondo…yet another assistant City Attorney has tendered her resignation this
week. Although I suspect that one of
the reasons behind this exodus is that Elizondo’s poor employees can’t stomach
her incompetence, I wonder what else is going on inside that office to drive
out so many professionals. (I guess the
staff really is resisting the Stepford treatment.)
What happens, my friends,
when so many experienced people leave such an important department? Chaos, that’s what. There’s no one to train them, there’s no
continuity, and there’s no institutional memory. That’s a devastating blow to taxpayers who have to fund the
incompetence. Let me take a wild
guess…whomever Lisa E. hires to replace the latest outgoing assistant city
attorney will be making more money than the exiting attorney.
“Friendly wagers” anyone?
Back to next year’s
budgetary shortfall. Folks, our City is
LONG on needs, $7 million SHORT of money and, unfortunately, very SHORT on
courage and planning. The shortfall
will mean cuts in already limited City services. While Wardy will probably call for us to “tighten our belts,” I’m
sure he will keep his entire staff (although as a simple figure head he no
longer has the same “strong mayor” needs as before), will continue to let the
City Attorney’s office bleed money by inflating salaries and sending off
hundreds of thousands of dollars to Carl Green’s law firm, refuse to discuss
impact fees, and probably cut back on services (unless one of his contributor
buddies is a bidder for a contract—then the sky will be the limit).
Sigh. Can you sense my frustration here?
Door Prizes Anyone?
The following executive session
item was voted on when Council came out of executive session:
24G. Discussion, deliberation, and action on economic
development-related negotiations with a business prospect and the possible
offer of financial or other incentives to the business prospect. (551.087) [City Attorney's Office, John
Nance, (915) 541-4550]
Cobos made a motion to
authorize Wardy to proceed with negotiations on a tax abatement, and the item
passed unanimously. In an era of “belt
tightening” and $7 million shortfalls, I bet Wardy thinks it’s brilliant
strategy to reward companies with his personal gifts -- tax breaks with our
money. It’s a “new paradigm” for him
and a sign of his “progressive government.”
Right-o, Mr.Joe. Does any of
this make sense to you folks at home?
And that, my friends, was
that for this week’s meeting.
Radio Flyer
I try to listen in to the
KROD morning show whenever I can and there were a couple of interesting issues
to point out.
On Wednesday morning Darren
Hunt (El Paso Times reporter and host of the show) interviewed Joe Wardy and
invited him to biweekly appearances on the KROD morning show. I hope that Hunt invites all the mayoral
candidates to appear on KROD biweekly as well, and I hope the candidates
aggressively pursue their own equal time on that show. I also hope that my readers call in when
Wardy is a guest. He was good – he had
all of his supporters call in, and one even called him the greatest mayor we’ve
ever had. I almost spit up my
half-chewed bagel (along with a denture or two).
On Friday morning, Sen.
Eliot Shapleigh was on the air discussing ASARCO when Representative Alexandro
Lozano called in. Lozano accused
Shapleigh of misrepresenting the City’s opinion on ASARCO and reiterated his desire
to ensure that ASARCO not reopen.
Shapleigh pointed out to Lozano that instead of hiring environmental
lawyers, the City has lawyers who have recently represented industry (Jim
Martinez and Erich Birch). “You cannot
serve two masters,” said Shapleigh. He
also pointed out that he had recommended two attorneys to represent the City,
apparently to no avail, despite the fact that some Council members had asked
that he do just that. Talk is cheap, I
guess, especially on this Council.
Shapleigh also noted that
Wardy has refused to sign a letter to the Governor and the EPA asking for funds
for the cleanup of the yards that are still contaminated. “We’ll find the money,” promised Lozano,
conveniently not saying where the millions and millions of dollars for complete
cleanup would come from.
Kern and Sunset Heights
residents should be knocking on Lozano’s door come Monday, demanding “Show me
the money!”
Sigh.
Don’t forget folks, the
ASARCO hearing is this week…10 a.m.,
Thursday, Jan. 27, at UTEP in the Tomas Rivera Conference Center.
Have a good weekend, my
friends. Until next week.
Comments or questions: shmaven@yahoo.com
My commentaries are posted weekly at
http://www.thestrelz.com/shm/shm.htm
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