1.25.2005

 

New Rule:  Chew on This!

By the end of this week’s meeting, I had grown mighty tired of watching both Robert Cushing and Lisa Elizondo smack whatever substance was in their mouths throughout the meeting.  So, new rule:  Can we puhhleeeze ban gum smacking in Council chambers?  I know ending corruption is a lost hope for this Council, but can we at least have some basic decorum for a few hours on Tuesdays?

 

Public Relations for Sale

The hot topic at this meeting (leading into the ASARCO permitting hearing at UTEP) was, of course, ASARCO.  The following public item drew plenty of discussion:

 

1.  Inform City Council of Asarco's support in the community. Asarco employs good people with good paying jobs.  City Council should help stop the lies.  We do not want minimum wage jobs. [Juan Aguirre, Jr.]

 

Juan Aguirre, Jr., who was very polite and seemed like a perfectly nice young man, said his great-grandparents and grandparents were born in Smeltertown and his grandfather worked for ASARCO.  He stumbled through a prepared statement supporting ASARCO.  It was soon pretty clear that the very specific (and at times, scientific) information had been pulled from other sources.  I couldn’t help but wonder if someone had written the statement for him.   

 

I suspect that if he indeed got help, it was from ASARCO’s public relations gun-for-hire, Teresa Montoya.  She has gone down this road before.  She was the public relations person for the anti-TIF zealots (which included Vivian Rojas and a few others) a couple of years ago.  She’s also the one who “observes” activists at public rallies, taking photographs and documenting names for the highest bidder (in this case, it’s ASARCO). 

 

Aguirre said that all sorts of lies about ASARCO had been spread, and he was certain that if ASARCO was found to be the guilty polluter of all those homes in west-central El Paso, the company would “belly up” and clean up the contamination.  (The day before this Council meeting, the Department of Justice agreed to send $2 million to El Paso from an ASARCO clean up trust fund; $2 million is a drop in the bucket, considering all the polluted property that is left to clean up

http://www.borderlandnews.com/stories/borderland/20050125-15520.shtml).

 

Wardy told Aguirre that he respects his opinion, but he wouldn’t trade El Paso’s health for good-paying jobs.  (Whether Wardy was sincere in this is not at all clear to me—what is clear is that some other members of Council would gladly make this trade.)  Cobos was itching to get Aguirre to pin the “lies” on someone and asked Aguirre to identify the guilty party.  Aguirre never really specified who it was.

 

Cushing, a Council member who has not done a good job of disguising his support of ASARCO, thanked Aguirre twice for coming to the Council meeting.  Cushing came very close to tipping his hand and all but repudiated the City’s official position—which he voted for—opposing the reopening of Asarco.  He said he agreed with Aguirre about the lies and added that much of the information out in the community was “hysterical” (he used that word a couple of times) and that the hearing would “separate the hysteria from the facts of the case.”  He concluded by saying, “At the end of the day, I think there will be a finding.”  Well, yeah, Bob, that’s the whole point of the exercise—there will undoubtedly be a finding. 

 

Word in the community is that ASARCO is fairly confident about what that finding will be and that “at the end of the day” it will get its permit renewed.  This is why some are saying ASARCO doesn’t seem to be putting up much of a fight.  I take it that Cushing agrees with this assessment.  He may know something we don’t.

 

Rick Provencio, a local activist who has been fighting the re-opening of ASARCO, then came to the podium.  He said that he, too, is tired of lies being spread regarding the issue.  He reminded Cushing and the rest of Council that the Centers for Disease Control asks cities to test all children starting at age 6 months, “and children have not been tested in this town, and that’s not a lie.”

 

Taylor Moore, an articulate and committed retired lawyer who frequently visited Council at the beginning of this administration’s term, also spoke.  Moore talked about injustices related to some of ASARCO’s former employees whose healthcare had been cut and who were suffering from potentially work-related illnesses.  Ultimately, said Moore, the impact of those healthcare cuts falls on the City.  “Those retired workers that are sick have very expensive health costs and when they can’t pay them, we do.  These are not good jobs,” he said.  

 

Daniel Arellano, a third-generation, 20-year employee of ASARCO (his father and grandfather worked for ASARCO) said he, too, had a message.  He said that since 1999, more than twenty of his co-workers have died because of brain tumors and cancer.  He said there’s a group of them who are still alive but very ill, “and that’s very hard without insurance…and my message here today is I want the city to take this serious.”  He said he’s fighting leukemia and that re-opening ASARCO meant paying a price.

 

(I wonder if Teresa Montoya was outside City Hall with her digital camera in one hand and camcorder in the other to “observe” all the anti-Asarco speakers as they emerged from City Hall.)

 

The Not So Secret Apologist

Robert Cushing then began asking Arrellano leading questions.  Wasn’t he required to wear protective equipment while he worked at ASARCO, he asked?  Weren’t employees required to wear body monitors and report periodically for blood testing?  Didn’t dust from rail cars also contaminate the smelter?  All these questions, I presume, were intended to say, hey, if you’re sick, it’s your fault. 

 

Stuart Mitchell, President of the Mountain Arroyos Neighborhood Association, registered his opposition to the re-opening of the ASARCO smelter.  But then he said something that made my jaw drop. 

 

He said that ASARCO proponents raised a valid issue:  The importance of bringing high paying jobs to our city.  But then he added, “And I am delighted to acknowledge that this Council has worked hard to bring better paying jobs to El Paso.” 

 

WHAT?!  I had to check my ears to make sure I heard correctly (yep, sure enough, my hearing aid was on “High…As High As It Gets” mode).  Mr. Mitchell, the last time I looked, this Mayor and Council didn’t even have an economic development plan in place.  And, Mr. Mitchell, let’s not forget that this was the same Mayor and Council that promoted, as the pièce de resistance of its non-existent “plan” for economic development—a mall, which would produce not high-paying jobs, Mr. Mitchell, but minimum-wage jobs.  Towne Centre was to be the major engine of job-growth in El Paso under Wardy & Co.

 

So I have to ask, when did my former hero Stuart Mitchell become president of the Wardy & Co. Fan Club?  I hope that comment was a slip of the tongue.  Otherwise, the name Stuart Mitchell will fall precipitously from the top of my “favorite activists” list.  Hmph.  Too bad.

 

He went on argue that even the jobs ASARCO is promising are not worth community-wide health risks.

 

Council then ended the public discussion and took no action on the item.  They then moved on to the Mass Transit Board Agenda.

 

¿VIVA Más Rigging?

The Sun Metro/Mass Transit Board meeting agendas can be found at

http://www.elpasotexas.gov/sunmetro/transit_agenda.asp.

 

This week, there were two related items (a presentation and a postponed bid) back from last week:

 

2. Presentation on Sun Metro Diesel Remediation Project. (Attachment)

 

3. 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 05-07)  (POSTPONED FROM 01-18-05) (Attachment)

 

During her presentation on item 2, Elizabeth Van Lauwe, the Assistant Director for Sun Metro, explained to Council that Sun Metro had a history of diesel spills in the 1990s.  VIVA Environmental, a company owned by Peter Felix, was hired in 2000 to clean up the spills.  She explained that since 1991 over $7 million has been spent on cleanup that it will take another 3-10 years to finish the job.  The contract with VIVA Environmental (Peter Felix’s company) ended after they had received a one-year extension.  She further explained that when a new contract was ready to be bid, staff followed the Architect and Engineer (A/E) selection ordinance, reviewed 10 eligible firms, and a committee of three (as described in the ordinance) chose the firm that would win the final award (item 3, the award to AMEC).  She explained that the committee evaluated each company based on a list of criteria (staff, available resources, experience, and expected availability).

 

Representative John Cook asked if all 10 firms on their list met the qualifications, and Van Lauwe said the Engineering Department could answer that.  However, Rick Connor, the City Engineer who was hired back in early September, said he couldn’t in fact answer the question because he wasn’t on the job at that time (call me crazy, but you’d think that, being the head of the department, he’d want to get up to speed on this issue before a Council meeting).

 

Representative Cook wanted to know why VIVA Environmental wasn’t the firm selected to do the job again since they were one of those 10 firms on the list. 

 

Irene Ramirez from the Engineering Department said that when the contract ended, the City went through a new A/E selection process and AMEC was selected as the firm to do the job.  Sounds reasonable—the old firm’s contract ended (after being extended for a year), so a new contract was needed.

 

“This is almost like a cartoon,” interjected Wardy, who was clearly angry.  (As a regular Council observer, I frequently feel that way, Joe.)  “This is pretty embarrassing.”  And then pointing each hand at the other, he added, “It’s kind of like, ‘who’s in charge?’ and now Council has to take the heat and fix a mess,” he complained.

 

Here again, Joe, I know the feeling.  Since you took office, most citizens have also wondered who among your string pullers—Martie Jobe, Luther Jones, David Escobar and the Bowlings—is really in charge.  But I guess that probably just depends on who has the greatest need to batten at the public trough in a given week.  And yes, it’s now up to the voters to come in and fix the mess.  But will we?

 

Cook asked again if VIVA met the criteria.  Ramirez said they all had capabilities, but the committee believed AMEC was the most qualified.  Cook then said that he had the impression that VIVA had been blackballed by City staff on this; he said AMEC was a good firm, but he was also impressed with VIVA’s capabilities and said it made more sense to stick with the company that’s done the job before.

 

¡Viva Competición!

Sonny Holguin from the Engineering Department said that one of the reasons VIVA wasn’t re-hired was because of some “inefficiencies” like VIVA billing the City for lunches and for errors and omissions.  He added that there were problems the City was having on other projects with them.

 

City Manager Joyce Wilson explained that when the contract with VIVA ended, there was no option to extend it past the one extra year.  Wilson added, however, that whatever performance issues they had did not bar them from being considered for other City work.  But given the fact that the project cost is very close to the amount that triggers a more formal selection process, she recommended that the City Representatives reject this bid so that it could go through the more formal, full Architect/Engineer (A/E) selection process. She said that should alleviate the concerns that subjective issues are being interjected into the process.

 

Cook moved to reject the bid.

 

Austin reminded Council that there’s an appeal process, and “we don’t wanna be the ones that trigger this process by second guessing it.”  She urged the “aggrieved parties” to use that appeal process.

 

“I know you were not here at the time,” said Wardy, lecturing Joyce Wilson, “but this is an embarrassing day for City government because this is a comedy of errors.  When we hire a professional firm to do a job, we need to get out of the way,” he said.  “I hope we learn a lesson from this process.”  Because he didn’t go into details publicly about the City not “getting out of the way,” I didn’t quite understand his statement.   

 

Wilson said that she agreed and that any problems the City experiences with companies should be dealt with at the time, not during the next bid process.

 

Cushing complained that personality, not professional issues, were at the core of this (although how he would know what constitutes “personality” is beyond me, since he clearly has none).

 

Jamie Barnes from AMEC (the company that was awarded the bid that was now being rejected) said that he respects the City’s decisions, but that this is not the first time he’s experienced being selected for a contract only to have it pulled.  He said the company has invested a significant amount of time and money trying to get the bid—all of which would be wasted now that the bid was going to be rejected.  He said he’ll try again this next time, and that he’s certain he’ll be able to come in at a lower price than VIVA.

 

Yep, folks, that’s the problem…a big problem at City Hall under this administration.  Mr. Barnes hit the nail on the head.

 

Wardy apologized and said it’s unfortunate that he had to apologize.  (I think it’s unfortunate that we have to apologize for you, Joe.)

 

¡Viva Mi Opinión!

Well, folks.  Here we have it again:  A bid is thrown out by Council and work on an important project remains at a standstill as a result.  How many times has this happened over the past two years and on how many projects?

 

I have no idea how long the full-blown A/E process will take or when the bid will finally be awarded, but this is another example for your long list of “Bids This Council Has Rejected Causing Work at the City to Be Put on Hold.”

 

While the fact that John Cook is concerned about the “blackball” issue gives this whole thing some credibility, and there are obviously some inside issues related to the City’s relationship to VIVA that your buddy Sid isn’t privy to, I am still suspicious about all this.

 

If AMEC has been selected by City staff (who seem to have followed the rules in an ordinance), why shouldn’t AMEC be awarded the bid and be allowed to get started? 

 

Out of curiosity I looked up Peter Felix on Wardy’s campaign contribution lists, and sure enough, he and his family have definitely been frequent donors to Wardy’s bank account…something else this firm has in common with other firms that have ended up getting City work even after first coming up short in the bid selection process.

 

But again, John Cook’s concern over this gives me pause, and I’m not willing to say at this point that this is part of the Wardy Gravy Train/Corruption Machine.  However, I still want to know why it is that this mayor and Council only second-guess staff recommendations when those recommendations don’t mean awards for their buddies and campaign contributors.

 

Felix donations to Wardy

April 5, 2004 http://www.elpasotexas.gov/city_clerk/_documents/2004/Mayor%20Wardy/wardy_071504.pdf

July 30, 2004

http://www.elpasotexas.gov/city_clerk/_documents/2004/Mayor%20Wardy/Mayor%20Wardy%20for%20January%2015,%202004.pdf

June18, 2003

http://www.elpasotexas.gov/city_clerk/_documents/JoeWardy2.pdf

 

Felix donations to Cobos

June 16, 2003

http://www.elpasotexas.gov/city_clerk/_documents/AnthonyCobos2.pdf

 

Special Minutes

Passed on the consent agenda were the following minutes:

 

2.  APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]  Approval of Minutes for the Regular City Council Meeting of January 18, 2005 and Special City Council Meeting of January 17, 2003.

(Attachment) Minutes for Regular City Council Meeting held on January 18, 2005

(Attachment) Minutes for Special City Council Meeting held on January 17, 2003

 

A Budding Troikette Is in the House!

Presi Ortega was given an excused absence for this week’s City Council meeting on the consent agenda:

 

3.   REQUEST TO EXCUSE ABSENT CITY COUNCIL MEMBERS:  Presi Ortega

 

He only missed part of the meeting, though, because he ended up arriving late instead of being absent.  When he arrived, Wardy gleefully exclaimed, “Elvis is in the house!”  To which I say, “You ain’t nothin’ but a Troikette, Presi, shillin’ all the time.”

 

Switcheroo Failure

The following item had previously been postponed by Robert Cushing and was back this week:

 

15.  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.:               2005-065 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] POSTPONED FROM 01/18/05 AND 01/11/05

 

Before the revisions to the agenda were completed, Cushing, who had originally postponed this item in previous weeks, said awkwardly, “I, uh, just had a word with Representative Lozano here, and uh, on item 15, I think if, uh, do we have somebody from Solid Waste here today?  He had a question as to what exactly this contract was for.”

 

Ellen Smyth, Director of Solid Waste, explained that this was a contract for the collection and disposal of household hazardous waste.

 

After her succinct and clear explanation, Lozano asked, “And this is to what?”

 

To collect household hazardous waste, she explained…AGAIN.  Lozano reminded me of a little kid who’s done something wrong and is stalling for time by answering every question with a question of his own. 

 

Cushing’s weird introduction to these questions and Lozano’s continued and extraordinarily inane questioning raised my eyebrows a bit…something just wasn’t right here. 

 

What sparked my curiosity was not that Lozano was, as usual, inadvertently providing comic relief by asking inane questions, but his timing in asking the questions.  Cushing had originally postponed this item, and now Lozano had very easy-to-answer questions about it (so easy that all he had to do was read the agenda item to answer them).  Maybe I’m paranoid, but I wonder if they were going to try to work out some points-switcheroo that fell through. 

 

While the floor was still open for discussion on this item, I was very tempted to come up to the podium and ask if we could please also dispose of the household hazardous waste that usually comes out of Robert Cushing’s mouth and into his plastic cup-turned-spittoon.  I can see it now…haz mat guys clothed in protective uniforms and gas masks gingerly gathering the toxic waste and placing it into secure containers labeled “WARNING: Bio Hazard!”  Makes me shudder.  Maybe we can put that on the next A/E Committee agenda, eh, Bob?

 

The item was approved with no further discussion.

 

Who Needs Staff?

The following item was deleted from this week’s agenda during the revisions:

 

16B. BT2005-528     FINANCIAL SERVICES

Set up appropriation for a contract executive assistant in the City Manager's Department.

Decrease  $40,931.00 from  10010274/01101 Personal Svcs

Increase  $40,931.00 to    15010704/01101 Personal Svcs

 

Interesting.  Wonder what happened.

 

Light It Up, Alex!   (But Beware)

The City’s Building Permits and Inspections staff requested that the following “dark skies” ordinance be postponed for two weeks, but because there were several members of the public ready to speak on the item, Wardy allowed discussion before the postponement:

 

25B. An Ordinance amending Title 18 (Building and Construction), by creating Chapter 18.18 (Outdoor Lighting Ordinance), of the El Paso City Code, the penalty being as provided in Section 18.02.107 of the El Paso City Code. (Attachment) [Building Permits and Inspections, R. Alan Shubert, (915) 541-4557]

 

Alan Shubert, Director of Building Permits and Inspections, said this outdoor lighting ordinance had been in the works for four years.  He didn’t really explain much about the ordinance itself, but for you folks unfamiliar with this ordinance (and the national movement to limit “light pollution”) the ordinance would require that all new outdoor lighting be focused only on the streets and other areas that it is meant to illuminate.  This would help keep the light from focusing on homes or skies unnecessarily.  It would save electricity and keep our night skies dark and lovely, as they’re supposed to be. 

 

Shubert explained that the City had removed two requirements from the ordinance:  That the light equipment be changed on existing outdoor fixtures, and that it would be enacted within a reasonable period of time.  Because industry representatives (electrical contractors) said they wanted to ensure that they have two years to stock up on all the fixtures, Shubert said the City agreed (read: the City caved in).  The only issue he needed to research, he said, was whether a fixture exists that would comply for ball fields and he needed two weeks to check on that.

 

Wardy asked how this ordinance first got started and Schubert didn’t know (because, thanks to Joe Wardy and his rubber stamping crew, there is no institutional memory left at City Hall).  Wardy then asked (because he was, apparently, not listening to Shubert’s presentation) if older fixtures would be grandfathered in.  Shubert repeated that they would not.  For a second time, existing fixtures are exempt, okay Joe?

 

Alex and Bob, Two Cool Dudes

Speaking of baseball fields, Lozano, coming totally out of left field, threw in a hypothetical for Shubert. 

 

“So you’re telling me if I have a flag in front of my house, and I put a light on it,”—here he stopped when he was interrupted by Wardy, who exclaimed, “Light it up, Alex!”  (I guess Lozano parties as hardy as Bob Cushing—who woulda thought?)  Lozano chuckled and continued, “I’m gonna light it up and I’m gonna light it up across the street from my neighbor’s and he’s gonna complain and I’m gonna say, ‘Well, I’m lighting the flag.’  So just beware.”  (I wonder if “lighting the flag” is cool-guy code for, you know . . . Maybe they’ll need some Scooby Snacks afterward, if you catch my drift!)

 

Shubert, like everyone else, was distinctly non-plussed.  (Paul Escobar impatiently asked, “So?”)  But I say, Beware is right.  Maybe old Alex should ease up on the wacky tobacky, at least on Council days.

 

Deciding to beat a very dead horse, Wardy then discussed ad tedium the various reasons why the ordinance shouldn’t grandfather in old fixtures.  IT DOESN’T, JOE!  Pay attention, man!  AND WE ALL AGREE THAT IT SHOULDN’T, JOE!  I think this was a risk-free opportunity for old Joe to show off.  Since he knew everyone was in agreement against grandfathering, and because, for once, he had a (more or less) firm grasp of an issue, Wardy took the opportunity to show off for everyone his laser beam-like analysis of an important public policy question (that no one happened to raise of course).  You nailed it, Joe.  You really did.  Do you feel better now?

 

Several activists spoke in favor of the dark skies ordinance (which I also strongly support), including John Peterson, the individual who initiated this discussion 13 years ago and who has been involved in this lengthy bureaucratic effort for the last four years.  Alberto Rivas, a representative of Grassroots El Paso, a coalition of neighborhood associations, was also there (he’s the guy Cobos clumsily tried to get removed from the Five Points neighborhood association).  Rivas read and submitted a neighborhood association resolution in support of the ordinance.  (As an interesting side note, both Austin and Cushing questioned the process and legitimacy of the neighborhood coalition’s resolution.  Neighborhood Associations, despite this Mayor and Council’s claim that they support you--to quote Lozano--“just beware!”)

 

Council listened to everyone and then postponed the item for two weeks.

 

Damn the Torpedos

The following item received some publicity in the weeks preceding this meeting:

 

21A.  Discussion  and  action regarding  the  appeal  by  Michael Hyneman  of  "Steakpedos and Spirits" at 910 E. Redd Road,  Suite "A"  for  the  sale of alcoholic beverages due to the  business's proximity  to  a school in accordance with Section 20.08.090(B).4 of the El Paso Municipal Code. (District 1) (Attachment) [Building Permits and Inspections, R. Alan Shubert, (915) 541-4557] POSTPONED FROM 01/04/05 AND 12/28/04

 

Council, citing the fact that numerous businesses already sell alcohol near the same west side middle school, approved the appeal.  Rojas abstained (maybe because a similar request from Steakpedos will appear on a coming agenda in her district).

 

Putting Along

Cushing quickly made a motion to approve the following item because it’s in his district and “it’s a great project”:

    

24B.            Solicitation No.:  2005-050            El Paso International Airport Golf Course

Contractor:                 Golf Works, Inc. Austin, Texas

Department:              Department of Aviation

Funds Available:            62620026-PAP0023-41063-508027

Funding Source:            Airport Revenue

Items:                         Base Bid            $9,426,310.55 and

                                    Alternate No. 18            $     25,000.00

Total Award:                        $9,451,310.55

District(s):                  2

The Departments of Engineering and Aviation recommend the award of this contract to Golf Works, Inc., the low responsible, responsive bidder.  It is requested that the Mayor of the City of El  Paso be authorized to sign the referenced contract. Additionally, it is requested that the Mayor be authorized to execute budget transfers for this award and project, as necessary. Work under the unit price component is only an estimated value and will be ordered, performed, invoiced and paid by measured quantity.  The actual cost of the unit price component will be the sum total of unit prices at the end of the contract term. (Attachment) [Purchasing, Barbara Crumley, (915) 541-4113]

 

Lozano wanted to be sure the public knew that the money for this golf course would not come from taxpayer money—it would come from Airport Enterprise Funds.

 

This is yet another project that was started by the previous administration and it’s one of the few that survived the ruthless “IF IT’S CABALLERO’S LET’S KILL IT!” policy of Wardy & Co.

 

Bill Addington, the water issues Chair from the Sierra Club, expressed his concerns about the water usage for the course and said there are better uses for this water, including existing parks.  While I agree that golf courses—even this one, which will feature a lot of desert landscaping—require a lot of our precious water, I don’t think it’s overkill to have one state-of-the-art golf course (using reclaimed water) that will attract business people and tourists to El Paso.  I say, bring it on!

 

The item was approved unanimously. 

 

Firing Jimbo?  Slow Down My Beating Heart

Finally, I can discuss an item that I had been eagerly anticipating.

 

20A. Discussion and action authorizing the City Attorney to hire Harless Benthul as outside counsel to assist in representing the City of El Paso in the contested case hearing for the ASARCO Incorporated Air Quality Permit No. 20345; TCEQ, Docket No. 2004-0049-AIR.  [Representative John F. Cook, (915) 541-4140]

 

The passage of this item (please…please…pretty please) would mean that Jimbo/Jabba/El Superstar would be fired (or at least removed) from the City’s case against ASARCO.  I had to sit on my hands and bite my lip in order to keep from pumping my fist in the air and whupping it up when Richarda Momsen read the item into the record.  Let me tell you, it was tough to maintain my composure.

 

Initially, during the revisions to the agenda, Cobos said to Cook, “Representative Cook, you had mentioned to me that you were going to postpone on page 10 item 20A, and as a result of our discussion, I informed leaders of my neighborhood associations not to come to today’s City Council meeting.”

 

“No, actually, I told you that I was going to postpone the item on the remediation, that’s what I told you,” responded Cook.

 

“Okay, I do know that there were many members of neighborhood associations in my district that your item directly has an impact on, and they are not here because I was under the understanding that this item was going to be postponed,” said Cobos.  Uh-huh.  Likely story, Tony.

 

Wardy said they would not discuss it in open Council but first discuss it in executive session.  Taylor Moore informed Council that he was there to speak on that item and Wardy said he would allow him to speak.  After Council came out of executive session, they were ready to talk.

 

Taylor Moore introduced himself again.  During the early weeks of this administration, Mr. Moore frequently visited Council and was one of the few activists with the courage to come forward to tell Council that they were violating the City Charter by hiring Jimbo/Jabba/El Superstar as Chief Administrative Officer of the City.  He also was courageous enough always to remind them that they were each bought and paid for by Jobe.  He also pointed out that Jimbo was (until very recently) the attorney of record for hundreds of Jobe cases. 

 

Wardy, ever the loyal foot soldier for Jobe (and Bowling and Luther Jones and David Escobar) always shut him down during those appearances before Council (even when Moore posted the item specifically for public discussion) and never allowed him to finish his statements. 

 

This week, it was déjà vu all over again, my friends.

 

Giving “Full Consideration to Dissenting Viewpoints”?

Mr. Moore said he had followed this Council’s interest in ASARCO from the day they were each elected.  “Each of you were elected with the strong support of Jobe Concrete Products.  Jobe is a multi-national…” but as always, he couldn’t finish his sentence.  Wardy cut him off.  Wardy instructed him to restrict his comments to the agenda item and not “dwell on generalities that don’t have anything to do with this particular item.”  I guess in Wardy’s dictionary—maybe he borrowed Barbie’s Fun Words Dictionary from Lisa E.—the definition for “conflict of interest” is “a generality that doesn’t have to do with anything.”

 

Moore said his discussion had to do with conflicts of interest issues (which are at the heart of the agenda item—firing Jimbo/Jabba/El Superstar and hiring someone with no conflicts).  Wardy remained adamant, saying, “We’re not going there today,” and said “that’s not what’s posted here.”

 

Hmmm…funny…when Gen. Jim Maloney outlined the goals and makeup of the Texas Military Preparedness Commission last week during an agenda item about outsourcing more Building and Planning duties, neither Lisa Elizondo nor Joe Wardy stopped to tell him he wasn’t focusing on the posted issue (http://www.thestrelz.com/shm/2005_0118.htm).  Actually, a more accurate agenda item posting for that discussion last week would have read (in Cushing’s absurdly pompous, stilted, inflated, pseudo-technical style) like this:

 

 “Discussion and action relevant to anticipated emergence of critical housing needs secondary to extensive influx of military and possibly civilian personnel at Ft. Bliss military reservation and the role of the third-party permitting initiative in providing essential tools to selected local developers/private sector actors to address said critical development, said tools to include, but not be limited to, 2005 model year Hummer vehicles with extended warranties (and to include tax, title and license, otherwise known in the automotive industry as “TTL”) and also to include all-expense paid trips to various Caribbean sites to observe proposed third-party permitting plans.” 

 

Anyway, with respect to Council’s rules regarding posting agenda items and making public comment, this crew always bends those rules when it suits them and enforces stricter versions when they want to silence disfavored citizens.  It’s just business as usual at Wardy & Co.

 

And this brings up an important example.  For those of you who received the item that the El Paso Times called “junk mail” (Wardy’s campaign letter) but that the Times nevertheless believes is “worth reading,” you might recognize the following statement from Wardy’s mailer:  And let me also affirm that I respect and will always give careful consideration to all dissenting viewpoints.” 

 

Uh-huh.  And I’ve got waterfront property in northeast El Paso to sell you, Mr. Joe.  I love how you “respect dissenting viewpoints,” Mr. Mayor.

 

An unflappable Moore continued, despite Wardy’s best efforts to shut him down. “We have a hearing coming up and the City has employed lawyers and consultants who have huge conflicts of interest.  The attorneys that represent the City in this complex proceeding not only have to be qualified, but they have to be conflict free and it is your relationship with Jobe that generates that conflict, and I’m sorry you don’t want to listen to me about it…ASARCO contaminated Jobe’s property, and it’s really important for you to understand that,” he said.

 

Moore showed a damning aerial photograph of ASARCO’s dark plume blowing over Jobe’s El Toro quarry (150 acres) and the Crystal A quarry (250-300 acres) in west El Paso.  “That plume blew over 24 hours a day for 100 years, and it deposited contaminants.  I have the readings of the Sunland Park water tower…” but again Wardy interrupted him, saying Moore wasn’t focusing on the issue on the agenda—the hiring of Harliss Benthul.

 

“You have attorneys and consultants representing the City who owe their loyalties to ASARCO and Jobe and it’s got to stop,” said Moore, “and I’m trying to show you a picture here of why this problem exists.”  Elizondo (whom I almost didn’t recognize because she had suddenly become part blonde) took Wardy’s cue and jumped on the bandwagon.  She interrupted Moore as well, saying “I’m not sure if I’ve heard any attribution [sic] from Mr. Moore on that [agenda item].”  Don’t worry if you can’t make heads or tails of that comment.  Lisa E. had clearly been thumbing through her Barbie’s Fun Words Dictionary again—once she had gotten it back from Wardy.

 

“I’m saying you’re going into a hearing with James Martinez representing the City of El Paso in the ASARCO air permit hearing,” said Moore.  “James Martinez used to be Jobe’s lawyer and I think he’s still the attorney of record in thousands of cases; that’s a conflict.”

 

Jimbo/Jabba, He’s Our Man

Wardy said Martinez is an employee of the City, and “You may have an opinion of him one way or the other, as do other members of Council, but he’s our guy.”

 

He’s only our guy, Joe, because Luther Jones, Martie Jobe (Jimbo’s old bosses) and David Escobar told you he’s your guy.

 

Moore continued, “Since you have taken your office, Mayor, you have employed…” but Wardy kept interrupting him.  Moore was relentless: “You’re going into this hearing with people who have conflicts of interest representing the City.”

 

Cushing took a moment from his toxic smacking to say, “You allege to have been a lawyer, is that correct?”  (And you allege to be a city rep, is that correct?)  Cushing asked if a lawyer wouldn’t be required to acknowledge and disclose conflicts of interest, and Moore said that was true, but added, “I’m saying the City needs conflict-free lawyers and consultants…and the current lawyers have conflicts…It’s your job to be alert and listen to someone like me who tells you they do have conflicts and represent the City, so don’t suggest to me, sir, that you can unload your job on a lawyer who’s supposed to disclose his conflicts of interest.  I’m here to tell you the conflicts exist, and I ask you to listen to me.”

 

As a matter of logic and common sense, Bob, just because lawyers have an ethical duty to disclose conflicts doesn’t mean they always do.

 

“I have yet to hear anything to convince me that there’s a conflict of interest,” said Cushing, dismissing Moore’s pleas for them to listen.  And yes, I’ll bet he has yet to hear anything to convince him not to support ASARCO as well.

 

Cronies Are from Venus, Good Government Activists Are from Mars

“The history from the day you took office…” continued Moore, and then Wardy, who was visibly angry by this point, told him to stop.  Wardy again stated that the item on the agenda was very specific and, with his voice rising in anger, said, “I’m gonna allow your time at the podium to stop…it is the hiring of Harris, Harris, whatever his name is—Harliss Benthul as an attorney in this case.  That’s all.  Not about conflicts of interest or us or Jobe Concrete or the Mars space shuttle [I didn’t know the space shuttle went to Mars—where have I been? What a cool thing!] or whatever you wanna discuss today.  That’s not where we’re going today…I’m gonna ask you to step away from the podium,” commanded Wardy.

 

“You can trivialize the issue, but you can’t get away from it,” said Moore as he left the podium.

 

He’s absolutely right and couldn’t be more right.  Jim Martinez represented Jobe Concrete in hundreds (if not thousands) of cases.  Before representing industry (an industry which also needs to maintain and keep its air permit, like ASARCO), Martinez was a personal injury lawyer (car accidents and the like).  How on earth is he (a) qualified and competent to represent the City on environmental issues, and (b) conflict-free when his job for so long was to help Jobe keep its own air permit?

 

Cook made a motion to approve but not a single person on Council seconded the motion; Cook observed that the item therefore died for lack of a second.

 

Of course, none of this made the TV news that evening or the newspaper the next day.  It’s only news, right, folks?  All we saw on TV was Wardy’s Cheshire cat smile, beaming about the golf course for which he would be given and all too eagerly take credit.

 

You know, folks, it’s no wonder that informed citizens doubt Wardy & Co.’s sincerity when it comes to defending our interests regarding ASARCO.  With Cushing living his “defense attorney” fantasy—acting as ASARCO apologist and would-be Perry Mason cross-examiner—and with Wardy defending Jabba/Jimbo/El Superstar despite the conflict of interest issue, well, thank goodness the people of El Paso were allowed to get their own attorneys (http://www.borderlandnews.com/stories/borderland/20050128-16650.shtml)

 

And then Wardy’s time for “full consideration to dissenting viewpoints” was over.

 

Old Friends

After Richarda Momsen read the following item into the record, El Superstar came to the podium and sarcastically said (about Taylor Moore, presumably), “It’s nice to know that old friends still care.”  That’s right, Jabba.  Some people out there do care.  Thankfully, they are out there working hard to defend our interests against corruption, unlike you and your patrónes on Council and “the business community.”

 

28B. Frank Lopez III, Matthew Braxton, Placido Hernandez, Victor Orta, Carlos Luna, and Violeta Corral vs. City of El Paso, Texas, Carlos Leon, Individually and in his Official Capacity as Chief of Police of El Paso, Texas; David Amparan, Jesus Ayala, Noe Baeza, Roberto Baeza Jr., Jorge Luis Chavez, Luis Cortez, Joseph Duarte, Robert Holguin, Jose Lopez, Vicente Macias, Ramon Antonio Mazza, Erik M. Messer, Adrian Nevarez, Ruben G. Olmos, Jaime Payan, Victor Perez, Mark A. Vallejo, Peter F. Pacillas, and John Doe Officers 1-10, Individually and in their Official Capacities as City of El Paso Police Officers; Cause No. EP-05-CA-0009-FM in the United States District Court of Texas.  (551.071) [City Attorney's Office, James A. Martinez, (915) 541-4550]

 

Council approved hiring outside attorneys to defend the City against the Montwood High School lawsuit.  Not clear why our in-house attorneys (including El Superstar) can’t do it.  That’s more tax dollars flying out of City Hall.

 

And that was that for the meeting.

 

On the Campaign Trail

Here comes Sidney Cotton Tail, hoppin’ down the campaign trail…hippity, hoppity, election’s on the way!

 

So far, the mayoral race has three real contenders:  Joe Wardy (whose price tag has been showing!), John Cook, and recently-announced Carmen Rodriguez (a local lawyer and activist http://www.kfoxtv.com/news/4087394/detail.html).  

 

And in District 8, well, it looks like Anthony Cobos didn’t get permission from his string-pullers to run for County Judge as he had fantasized.  This week, Cobos announced he was running for re-election.  Here’s a quote from the blurb in the Times:

 

"I think I am seasoned now," Cobos, 37, said. "I just want to finish some of the things we started, like recycling, and to see the Keystone wetland secure and preserved and see that whole area brought under the domain of the city."

http://www.borderlandnews.com/stories/borderland/20050128-16658.shtml

 

Seasoned?  For what?  Roasting?  I’m there, baby!  Or for continued cronyism?  And his biggest (stated) goal is to finish recycling?  LEADERSHIP VOID ALERT!  LEADERSHIP VOID ALERT!  Sheesh!  Have the community’s expectations sunk so low that we are willing to accept zero leadership in addition to corruption?

 

Beto O’Rourke, a local downtown business owner (and the individual who helped bring us StantonStreet, an alternative media a few years back) announced that he would be seeking the same District 8 seat (http://www.borderlandnews.com/stories/borderland/20050125-15526.shtml and http://www.kvia.com/Global/story.asp?S=2851299&nav=AbC0Vd98 and http://www.borderlandnews.com/under40/orourke.shtml

 

So, folks in District 8 have a choice.  Aren’t choices grand?  Everyone knows how I feel about Cobos—I haven’t been coy:  He’s the guy who will go to war on behalf of Bobby Bowling, even if it means having to use taxpayer money to defend the City against a lawsuit as a result; a guy who juggles numbers to help his friends get their hands on our tax money through rigged government contracts; and a guy who has rubber stamped ALL of Wardy’s bad decisions which have driven City Hall to near ruin. 

 

Cobos’ handlers don’t want an ethical leader in District 8—they want a puppet, which is why they “suggested” to Cobos that he stay just where he is.  And Cobos, obliging guy that he is, bent to the will of his patrónes and financiers.  The good news is, he won’t be our next County Judge; but it’s up to the voters of District 8 as to whether or not they will allow him to continue to pillage our City coffers for his friends.

 

In District 2, Cushing has yet to announce his intentions regarding re-election.  Let’s hope that this belly-scratching, pompous spittle ejector decides to do his spitting and scratching at home rather than run again.  But if he does run again, he’s got two challengers:  Oscar Gonzalez (who vigorously campaigned for and helped elect Joe Wardy, worked as his neighborhoods liaison, then quit City Hall in a huff and started his own neighborhood coalition http://www.borderlandnews.com/stories/borderland/20050103-7470.shtml and http://community-2.webtv.net/grassrootselpaso/united/) and Susie Byrd (who worked for her family’s publishing company and then for former Mayor Ray Caballero, and now runs her own business http://www.borderlandnews.com/stories/borderland/20050118-13449.shtml and http://www.cincopuntos.com/family.html).  I’ve seen both of their platforms and that should be an interesting race.  Cushing, like Cobos, has had a major hand in helping make a mess of City Hall for the benefit of his friends – Luther Jones, David Escobar and Bobby Bowling.

 

Voters need to understand that incompetence and corruption at City Hall, in addition to being just bad things, COST US MONEY!  We know we’re already $7 million short for next year; these guys are costing us even more money by postponing city contracts so their friends can get rigged bids, by keeping our City Attorney’s office very docile and in a state of shambles, and by having no idea what it means to be a leader in a major American community.

 

In the coming weeks, I hope more folks announce their candidacy in the other districts because one thing is for sure:  The people sitting up there now (with one exception, John Cook), have wreaked havoc on our municipal government, have manipulated and corrupted our procurement system (or silently acquiesced to the havoc and the manipulation), and have generally been an embarrassment to anyone who believes in honest and inclusive government.

 

Until next week.

 

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