2.15.2005

 

My, oh, my!  Hold onto your hats, my friends, because this week, Luther Jones got outed at a City Council meeting, and Wardy begins breaking campaign finance laws—again.  Read on!

 

No Time for Minutes

Passed on the consent agenda was the following item:

 

3. APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for Regular City Council Meeting of February 8, 2005.

 

Attachments were not available.  Sorry you hard-core minute readers.

 

Mark Your Calendars!

Passed on the consent agenda was the following item:

 

5O.  A Resolution providing for the 2005 General Election in the City of El Paso, calling for an election of officers.  (Attachment) [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]

 

Assistant City Attorney Elaine Hengen made one revision to the listing of early voting locations (in the attachment) and added Saturday voting at the Carolina Recreation Center.

 

Let’s get out the vote, folks!

 

A 100-Year-Event Flow Discussion…A Once in a 100 Year Opportunity!

Once the consent agenda was approved, it was time to approve the introductions of ordinances (ordinances are introduced in order to give the public two weeks notice for a public hearing on the item).  Susan Austin announced that she intended to make an amendment to the following introduction (which she placed on the agenda):

 

23C. An Ordinance amending Title 19 (Subdivisions) of the El Paso Municipal Code by amending Chapter 19.16 (Improvement Standards  and Design Principles) Section 19.16.050 (Stormwater Design) Subsection 19.16.050.H (Preservation of Natural Arroyos) to require that the City Plan Commission determine whether to approve a modification of conditions to allow improvements on natural drainage courses known as arroyos.  The penalty is as provided in Section 19.04.190 of the Code.  (Attachment) [Representative Susan Austin, (915) 541-4886]

 

Austin said she wanted to add the following line to the ordinance (the last line of paragraph H): “for purposes of this subsection only, an arroyo shall mean an existing natural water course or other natural drainage system within the subdivision that conveys a one hundred-year-event flow.”

 

Representative John Cook said he thought this kind of language would be “premature” considering that there’s a committee working on defining arroyos for us, but Austin said she does not believe it “interferes” with the work being done by Cushing’s arroyo definition committee at all. 

 

Irony Alert!*

*Friends, I’ve decided to trademark my “Irony Alert!” warning.  Also, please note that this week’s “Irony Alert!”™ is coupled with a brand new “Arroyo Alert!” because arroyos are controversial, don’t you know!

 

Cushing—the same guy who speaks and writes in such convoluted, pompous, pseudo-technical sentences that it’s often hard to decipher what he truly means—complained twice, with a straight face, about the fact that he didn’t understand what the sentence Austin read into the record meant.  In addition to knowing nothing about effective writing or speaking, this guy obviously has no sense of irony.

 

But the fact is I don’t think any one knew what the language meant, and that included Austin.  When Cushing asked her to explain the meaning of her proposed addition, she haltingly explained that the “one hundred year flow” is information that can be demarcated on a map and was language recommended by the City Engineer, Rick Connor (the same guy I have recently become a fan of) and, then, giving up, she asked Connor to rescue her.  He did, and he explained that the most embraced definition of arroyos could be used in El Paso.

 

Cobos, who, like Cushing, wants to delay any action that would preserve arroyos and keep developers from building inside of them, called the arroyos “controversial,” and said, “we need to take our time and do it right.”  I knew it! I could’ve predicted it—so now arroyos are controversial and we need to slow down our discussions about them.  Cobos suggested that Susan Austin postpone this item for two weeks.

 

Pat Adauto, Assistant City Manager for Building Services, said that there is a disagreement among staff and community members about the definition of arroyos and this ordinance would serve as an interim measure until the arroyo committee comes up with its own definition (and from what I could tell, this “interim measure” could clearly help save some arroyos until that committee finally completes its work, especially since, in the mean time, there’s no protection of these treasures at all).  Adauto called this item “the best technical definition” of arroyos available, and said that whenever a developer proposes to disturb an arroyo, the City Plan Commission would make the final decision about granting them permission to do so or not.  City Engineer Rick Connor also supported the ordinance and called this definition a “real benefit.”

 

On Dummies Who Dumbly Play Dumb

Lozano joined in with Cushing and Cobos and wanted to slow down the process, claiming he just didn’t understand the amendment.  That was a shock.

 

Now, we can all agree that Lozano is an idiot.  But when this idiot pretends to be an idiot, well…that’s just too ironic and hilarious to ignore. (Warning:  Be careful not to get lost in the many levels of idiocy that you’ll find in the mind of Alexandro Lozano; if you decide to try to figure out his logic, be sure to leave a trail of breadcrumbs, otherwise you may never find your way back).  Here’s an excerpt of his argument against moving forward:

 

“I concur with Mr. Cobos and Mr. Cushing.  How can we vote on something that we don’t even understand ourselves here?  And we can’t introduce something that I don’t understand what we’re talking about.  What is an arroyo?  Is that a two-foot crevice on the land?  If we’re talkin’ about a little piece like that constitutes an arroyo, where do we stop?  If I own a property, and I have one of those little arroyos, you mean to tell me that I cannot built [sic] anything on it?  So, you know, I’m gonna be paying taxes on that property, but I can’t use it?  Just admire it?  Now, you know, if that’s the case, is the City willing to pay for that portion of uh, uh land.  Now if I wanna buy a property and I see some kind of an arroyo ‘cuz I don’t understand what an arroyo is, there’s no arroyos here in El Paso, I don’t see none.  I mean, you see the mountain across from our building and it’s all mountains and houses, on this other side we don’t want that, but yet you let the public pay taxes and, and, and spend their properties on arroyos and just say, ‘Well, you know, sorry, it’s your property, you pay taxes, but you can’t touch it, it’s so beautiful, you have to leave it like that.’  I don’t agree with that.  It’s our property, we should be able to work on it.  And if we’re gonna pass an ordinance that you cannot do anything with your property, I’m sorry, I couldn’t support something like that, unless we all sit down and understand, what are you gonna say an arroyo is?  If it’s an arroyo, and it’s so many feet wide, and you’re gonna see tons of water coming through there, well let the City buy it.”

 

Right-o, Lozano!

 

After Lozano’s I’d-rather-beat-my-head-against-a-wall-before-listening-to-anymore-of-this soliloquy, Wardy allowed Austin to defend the amendment and said Council would move on or further discussion would “defeat the purpose of this exercise.”

 

I hope those arroyo preservation activists take note:  Cobos, Cushing and Lozano are NOT interested in preservation, my arroyo-appreciating friends…they are dragging their feet in order to delay, delay, delay.  Their plan is to delay the process long enough so that they can get re-elected and then their message to developers will be:  Have at it, fellas.   Let the pillaging begin!

 

By the way, during the debate, Cushing was doing his signature chomping during the discussion.  (I thought you’d want to know…great mental image, ain’t it?  I was so busy taking my notes that I didn’t stop to count how many times he stretched and scratched his belly.)

 

Wardy did not allow the public to speak on the item, and despite the best efforts of Cobos, Cushing and Lozano to delay the discussion, Council approved the amendment to the ordinance (Lozano’s being the only “no” vote).  Once the amendment was approved, the only two Council members voting against introducing the ordinance as amended were both Lozano and Cook.  The ordinance will be discussed and voted on in two weeks (on March 1st).

 

Luther’s Secret Deal

Thanks to an alert, loyal and well-informed insider/reader (talk about a triple whammy!), I found out an interesting tidbit about the following item:

 

24B. Discussion and action to determine the status of the review and investigation into proposals concerning the regulation and disposal of "Fats, Oils, Grease" (FOG's) as previously directed to the City Manager.  [Representative Robert A. Cushing, Jr., (915) 541-4416]

 

In case you’ve forgotten, our most greasy and oily representatives, Robert Cushing and Anthony Cobos, introduced with great fanfare a seemingly legitimate item about disposing of fats, oils and grease last fall (http://www.thestrelz.com/shm/2004_1130.htm).  According to Cushing, fats, oil and grease (hereinafter “FOG”) disposal was nothing short of a CRISIS.  Whenever these two declare anything to be a crisis, I get suspicious.  I was particularly suspicious about their timing and their passion about this issue, but I didn’t know then what I know now.

 

After this week’s item was read into the record, Cushing announced to Council that he wanted an update on the FOG issue, calling the need for information “critical.”  City Manager Joyce Wilson explained that Assistant City Attorney Lisa Hayes and Solid Waste Management Director Ellen Smyth have been working on the issue.  Wilson also added something very important.  She said that over the holidays, staff gave Council an update in a memo on “franchising opportunities, exclusivity and some of the other interests that were raised” regarding the disposal of the FOG.  (I sure would like to see that memo, wouldn’t you?)

 

Folks, the reason I italicized and underlined that statement from our City Manager is because recently, an insider (and loyal, alert reader) informed me that the reason Robert Cushing and Anthony Cobos introduced this item in the first place is because their patrón, Luther Jones, instructed them to do so.

 

Why would Luther Jones—City Hall Lurker, member of the corrupt Troika that runs Council, and all-around fashionista (love the man-purse, Luther)—care about FOG?  The reason is because he has a client who wants an exclusive franchise with the City to do away with this waste. 

 

What is the significance of an “exclusive franchise” you ask?  It means that instead of sending out a major contract out for competitive bidding, the City will just make a private deal with one guy, thus giving him all our FOG business.  It most definitely means that the City will not get the best possible deal for taxpayers.  In fact, my insider/contact confirmed a rumor I heard several months ago:  Luther Jones was INSIDE CITY HALL, WRITING THE LEGISLATION HIMSELF!  And guess whom that legislation benefits?  It benefits his client naturally.

 

After Lisa Hayes gave a brief summary about what all the entities were doing about starting a manifest system (i.e. how we manage and keep track of our FOG), Wardy began his “let’s get this to Luther ASAP!” campaign.

 

The FOG of (Political) War

Wardy aggressively began to pursue the question about how we would deal with the “crisis” of FOG.  Wanting to strike a chord with the citizens, he said that right now, the fats, oils and greases from restaurants are being dumped in arroyos.  Ya gotta give the devil his due; this was a clever (if transparent) way to pander to the arroyo preservation activists while advancing the cause of his patrón Luther Jones.

 

“Forming a rule for the manifest is one thing,” argued Wardy passionately, “But the issue of disposal is a much larger issue for our community.”  (And for Luther Jones and his client as well, right, Mr. Joe?)  If I didn’t know any better, I would have mistaken Wardy’s excitement about this for true concern.  His passion, though, my friends, stemmed not from genuine concern about FOG, but from a direct order from his puppet master.

 

When Lozano wanted to discuss who hauls FOG, Wardy reminded Lozano that the important issue is not the haulers, but the disposal…get back on track, Alex!  Luther’s watching!

 

Ellen Smyth described the tracking system used by the City, the PSB and the Texas Commission on Environmental Quality (TCEQ).  She then said that a private facility located in Mesquite, NM was more than adequate to handle this waste; she also opined that, if the City wanted to, it could create its own disposal system at the landfill. 

 

Wardy, of course, didn’t want to hear about any viable options to an exclusive no-bid contract because he was a man on a mission.  His only intent and his only interest was to get the deal that would benefit his boss, Luther.  To this end, he said, “Ms. Smyth, I’ve gotta raise a flag of concern here.”  (When Wardy says this, “flags of concern” should rise in the minds of all taxpayers.)  He claimed that the New Mexico governor wouldn’t want the City to take its waste to New Mexico.  “Call it a political situation,” said Wardy (no thanks, Mr. Mayor, I’ll call it what it is—cronyism).  “I don’t think we want to go into that situation.”  He recommended to Council that they look at finding a local vendor and facility to do it.

 

Hmmm.  Whose facility would that be, Joe?  Readers, help me out here.  Luther’s client’s facility?  You betcha!

 

When the Fats, GREED, and Oils Hit the Fan

Joyce Wilson then spilled the beans.  Being careful not to name names, but letting everyone know what the game was, she said, “In our conversations and in our meetings with an interested vendor, we made it clear from the administration’s perspective that anything that we would do locally, we would do in some kind of public-private collaboration, meaning that if we were the host site…that we would offer that in turn for someone to operate it…the challenge that we have is that the vendor who’s interested in doing this also wants an exclusive franchise, and so our research has been really focused on whether or not we have the ability to do any kind of exclusive franchise even if it’s limited turn, and from this point…I don’t think that we can do that.”

 

Wardy, who was not happy with Wilson’s ethical, responsible response, said, “Well, I mean, let’s not, uh, I’m not accusing you of this Ms. Wilson, but let’s not suffer analysis paralysis here.  I mean, we’ve been playing with this…let’s move forward…if it’s a franchise…let’s move forward on a more expedited basis.”  Uh-huh.  Man, when Joe, Tony and Bob have their marching orders, they’re relentless.

 

Local Hero

Lozano, who either has unbelievable gall or is a bigger ignoramus than even I had imagined, then made an absurd recommendation.  Here we go again…Irony Alert!™

 

First, a bit of background.  If you recall, when Lozano first came into office, he riled up the neighbors near Valley By-Products, a waste processing plant in his district.  He wanted to follow Cobos’s example (don’t actually accomplish anything during your term…just create a crisis, “solve it” and become a local hero), and was able to prevent this business from finalizing the permitting process.  So, they never opened.

 

What was his suggestion?  Let’s get Valley By-Products to handle it!  He had to be reminded by Smyth that they never secured a permit (thanks to him).

 

Pam Aguirre, a representative from the TCEQ said that Smyth’s suggestions were good ones (like taking the waste to Mesquite, NM) and would work; she also said that other companies exist that would not ask for an exclusive franchise.

 

Wardy again insisted that the governor would be calling him if the City decided to take the waste to the private processing facility in Mesquite.  This is another classic Cowardy maneuver—misdirection.  It’s that darn governor of New Mexico, it’s not me or my monomaniacal desire to do Luther’s bidding!  And by the way, why would the Governor of New Mexico get angry that a private company is bringing business into his state?  It just doesn’t add up, folks.

 

Cobos again asked if there is private company interested in doing this and PLEASE TAKE NOTE…the City Manager responded, “Yes, there is a local attorney who has a client interested in establishing this process in El Paso, but the interest is tied to a desire to have an exclusive franchise.”

 

Helllloooo?  Are there ANY reporters out there???  Here’s a perfect example of the absolute corruption running rampant around on that 10th floor.  Did the Times’s crack city beat reporter cover this in his City Hall Wednesday morning round-up?  What do you think?  Of course not.  http://www.borderlandnews.com/stories/borderland/20050216-24388.shtml

 

And again, my friends, as a reminder, the attorney mentioned by the City Manager is none other than the crony-meister himself, the master puppeteer, the brooding troikista, Luther Jones, who was inside City Hall, inside the City Attorney’s Office dictating that this be done.  Thank heavens that the City Manager is at City Hall…if she weren’t, do you think our faux City Attorney would raise any objections to a private citizen dictating municipal ordinances?  I believe that were it not for our City Manager, fair competition would have completely been thrown out the window.

 

It’s the Cronyism, Stupid!

Cobos argued (by stating that, well, at least Luther’s client isn’t asking for a tax abatement or cash incentives from the City!) that the City is in “crisis”—and it’s a crisis that only Luther’s client can solve, eh, Tony?  Again, look at the misdirection.  It’s not like they’re asking for a tax abatement, for which many of you out there have criticized us in the past.  Therefore, it’s a good thing.  Don’t worry, my friends, your buddy Sid has a keen ear for their manipulation!

 

Cobos asked Lisa Hayes if the City can offer this exclusive franchise—in other words—if the City can avoid the competitive bidding process in favor of Luther Jones (a campaign contributor and string puller), “If it’s a grey line, I think we need to, uh, to go with the side of ‘yes, we can.’”  That was a perfect description of the Cowardy approach to municipal governance and ethics…let’s err on the side of cronyism!

 

Lisa Hayes said that there are “legal concerns” about the exclusive franchise that she could address in executive session, and concerns she has outlined in a memo to Council and the City Manager. (Hmmm…for you open records fans…this sounds like a good one to request!  Because it’s legal advice, it may be exempt from disclosure.  But it’s worth trying to get it.)

One for the Oops! Files

Working hard for his money, Cobos demanded, “If we’re not 100% crystal clear that we cannot [offer an exclusive franchise], then I think we need to do it.”   I.e., tie goes to the crony!

 

So Cobos is willing to go against his legal department’s recommendations simply to get Luther Jones his secret deal.  Got it!

 

Thankfully, Anthony (I’m a Lawyer in My Own Mind) Cobos asked the Texas Commission on Environmental Quality (TCEQ) representative, Ms. Pam Aguirre, a question he shouldn’t have.  He asked this TCEQ representative whether any other cities had public/private cooperative arrangements in the FOG disposal area.  Ms. Aguirre gave the greatest answer ever given in the history of the “Oops!” files.

 

TCEQ Representative, Ms. Aguirre said she’d “never seen any collaboratives, especially on a guaranteed basis like that…cities usually have two or three different” people operating these facilities.  I.e., they have competition.  What a concept.  She said, in fact, that she doesn’t like these kind of exclusive franchises, adding that, “I’m a proponent of small business, so I don’t like to see these kind of guarantees handed out to a big company who should be able to afford to come in and do business and earn the business like most business when come into town…for somebody to say ‘there’s not enough grease’…or I need a guarantee to come to town maybe is questionable.” 

 

Big oops!  After that response, Cobos sat in his chair with a dismayed look on his face, and, like a bad and incompetent trial attorney who had just asked that one question too many on cross, he quickly and softly thanked her, no doubt hoping she would just go away. 

 

Poor Tony, he thought he would help Luther’s case, but he actually helped the City Manager and the Assistant City Attorney and the TCEQ argue against Luther’s marching orders to his troikettes.  But Ms. Aguirre, unlike you, this Council is NOT pro-small business…they are pro-special interests.  They pay lip service to small business and then turn around and stab small business owners in the back to help the clients of their string pullers.

 

Wardy, who was now angry that his cronyism was being obstructed, said that he felt bureaucracy was rearing its “ugly head.”  No, Joe, that “bureaucracy” you’re frustrated with is ethical, legal advice that goes completely contrary to what your handlers want you to do.  To an inveterate crony like you, I’m sure ethics and fair dealing is mighty ugly.  That’s the problem with having a professional City Manager and a real lawyer (Lisa Hayes, not Lisa E)…they’ll tell ya what’s illegal.  In his frustrated state, he even said childishly, “Duh!  There’s an opportunity [for disposal].”

 

Cushing, who was speaking in obvious code, announced, “Mayor, I think, uh, we’ve made our intention quite clear, and I guess, the City Manager understands.” 

 

That’s right, Mr. Cushing.  We ALL understand…you are corrupt, you take orders from Luther Jones (and a few other folks) and you want to use our taxpayer money as your own personal bank account so you can give out government contracts to your friends.  That is not only the most inefficient and unfair way to conduct government and spend our money, it’s also not legal.  But hey, who cares?  Local law enforcement is either in bed with the mayor or asleep at the wheel.

 

Again, all I can say is, thank goodness that Joyce Wilson is there.  It looks like—based on this item alone—she is worth every penny we pay her and has become a gatekeeper for our tax dollars.  No wonder, as one of my alert readers informed me, Wardy loathes Joyce Wilson.

 

At one point during the discussion of this issue, Cushing and Cobos walked out of the meeting, into the executive session chambers.  I wonder if Luther was back there.  Maybe Luther has put an electronic implant in their brains, and whenever he buzzes them and zaps them with electric shock waves to their heads, they run back there to get more orders.

 

Before they came back out, Wardy asked Council to move on.  No action was taken, but hopefully, a true, independent and curious reporter or an FBI agent will take notice. 

 

Council’s Down with the Downtown Plans

Because under Wardy’s “leadership” there are no rules, he arbitrarily moved the following item up from the end of the agenda in order to accommodate his friends:

 

5C. That the Mayor be authorized to sign the Agreement between the City and PDNG Foundation providing for the development by Paso del Norte Group of a Downtown Master Plan and the contribution by the City of an amount not to exceed $250,000.00 to offset a portion of the costs of the development of the Plan, and that the Mayor be authorize to sign any related documents which might be necessary to accomplish such purpose.  Funding Source: Funds for this item have been budgeted under Outside Contracts in Economic Development FY05 Budget.  (All Districts) (Attachment) [City Manager, Joyce A. Wilson, (915) 541-4844] FUNDING SOURCE:  72509501 / P95000151001 / 508028

 

This item would approve transferring $250,000 from our City to the Paso del Norte Group in order to create a master plan for downtown El Paso.  Unlike our “neighborhood mayor” who campaigned against reinvesting in downtown El Paso, I believe we indeed should invest in downtown—as other major American cities have.

 

John Cook wanted to know how this master plan would differ from all the others.

 

Myrna Deckert (former Director of the YWCA), who was there with Bill Sanders (wealthy former El Pasoan) and Salvador Balcorta (CEO of La Fe Clinic) were there to answer Cook’s questions.

 

Sanders said he was asked in 2003 to come to El Paso to redevelop downtown El Paso (while we still had a “downtown mayor”).  He said the existing studies he read were “as soft as any study” he’d ever seen and said they were not at all helpful.

 

Agreeing with Sanders’ assessment of previous “master plans,” Cook said that the previous master planners had simply “regurgitated” old plans, and asked Sanders if this plan will offer an implementation piece.  Sanders said that he, too, was interested in finding out what the “key ingredients” to turning downtown El Paso around are.  He said one of the first goals was to create a private real estate investment trust (REIT), which he called an “implementation vehicle.” 

 

Cook asked how much money the trust would need and where the money would come from.  Sanders explained that he expected there to be 100-200 shareholders, but no one would own more than 2% of the voting stock.  They would identify assets in the downtown area that are economically viable today.  Sanders also said he believes El Paso is one of “the biggest sleepers” he has ever seen and has faith in the possibility of redeveloping its downtown.

 

Cook asked if Sanders knew that all the downtown properties are controlled by a small group of people (he was probably referring to the Dipp family and the Abraham family, among others) and gently and diplomatically said that they have chosen not to invest in their property.  (Cook was being exceedingly polite—he could have been a lot more blunt.)  Sanders seemed to be aware of the problem.  Cook wanted to know how the PDN Group would deal with those folks.  Sanders said that they would work with those families (who I believe, should have their properties taken away by the community—if they won’t take care of our downtown community treasures, the community should).

 

Sanders also explained that the boundaries of the area to be studied are downtown to the border and Union Plaza to the new medical school.  Phase one of the plan will be complete by the end of September, he said.

 

Cook asked various other questions, and I’m glad he did.  While I completely support and get excited by the idea of revitalizing the heart of our community, it is the responsibility of our elected officials to give us as much information as possible. 

 

Exercising a Limited Vocabulary

Wardy seemed irritated by some of Susan Austin’s questions, which frequently  irritate me as well.  But it would have been irresponsible to have simply given the money away without asking any questions, so thanks to Cook, I (and other members of the public) have a better (while not a complete) idea of what the project is like.

 

An exercised (and, as usual, inarticulate) Wardy said that the major difference between this and other plans is, “there are people participating in this exercise that have experience in this type of exercise.”

 

Rick Schecter, local arroyo activist, said he was confused because the City had asked Ms. Wilson to draft an agreement so the City would “know what our money is buying,” and said the agreement “doesn’t really say anything.”

 

An angry Wardy said, “There has to be a little faith in this exercise!” Wardy dismissively thanked him for his “valid points” and added, “We’re not gonna beat it to death today.”

 

Schecter said, “I’m sorry, but I heard what you said, but did you just tell me to get the hell out of here?”

 

Wardy replied, “I didn’t do that!” and Schecter pointed out that he only made “one valid point” and “has a list of other things” to add.

 

Lisa Turner wanted to know if the group would be asking for more money (no one ever answered her question) and she recommended that the groups present updates on progress to date every few months.  Great idea! 

 

The exercise…er…the item passed unanimously.

 

Got Questions?

I have very little information to impart for you on the following item:

 

5V.  That the City of El Paso requests the State of Texas to adopt legislation specific to Downtown El Paso with respect to hotel occupancy tax, sales tax, liquor tax, property tax and other taxes, to be used for private and public hotel development in substantial conformity with the proposed law change in Exhibit "A" attached hereto and made a part hereof for all purposes; and That the Legislative Agenda approved, as part of the 2005 City of El Paso Legislative Priorities, by motion of the City Council at its meeting dated November 30, 2004, be amended to include the legislation described herein; and That the El Paso State Legislative Delegation and City of El Paso representatives involved in drafting state legislation are expressly requested to do all things necessary, reasonable and appropriate to pass this legislation and have it adopted, on an expedited basis; and That the Governor of the State of Texas is requested to approve passage of this legislation, on an expedited basis. (Attachment) [Mayor Pro-Tem Anthony W. Cobos, (915) 541-4123]

 

Local downtown attorney and real estate mogul Jim Scherr answered some questions about this for Susan Austin, so I assumed that he was the individual who was spearheading it.  I don’t know enough about this issue to either support this item or not, but I wanted my readers to be aware of it.  John Cook said that it’s “about time” that the City uses “tools” like this one—tools that he said were being used all around the state.

 

The item passed unanimously.

 

Funding the Same Guys?

Although your buddy Sid supports some City funding going to outside economic development efforts, I just don’t know enough about what’s going on with this to be an ardent supporter:

 

5B.  That  the  Mayor  be authorized to sign the Consulting Agreement between the City and REDCO providing for services related to new business development, industry cluster targeting, and economic development marketing and promotion, as well as providing business prospects with information on the City's economic incentive policies and guidelines and making recommendations to the City as to what types of incentives would be appropriate for certain business efforts.  Under the Agreement, which has a term ending December 31, 2005, the City will reimburse REDCO for the cost of appropriate benchmarking comparative research services provided in an amount not to exceed $25,000.00. Funding Source:  Funds are budgeted under Economic Development FY05 Budget under Outside Contracts.  (All Districts) DEPT 72010268, FUND 01101, CLASS 72000, ACCT 502215 (Attachment) [City Manager, Joyce A. Wilson, (915) 541-4844]

 

Joyce Wilson said that this agreement was being brought forward in order to formalize the relationship between the City and this private economic development foundation.  The City is also sending some of our economic development funding ($25k of it) to this group.

 

REDCO stands for Regional Economic Development Corporation, and I’d be more optimistic about its abilities if they hadn’t simply recycled the same, tired old staff from the old Greater Chamber of Commerce. 

 

I also wonder how this private group feels about the fact that Wardy has been trying to take credit for their efforts to develop this private foundation.  Although Wardy sits on the REDCO board as a representative of the City, from what I have been told, he has played almost no role in their work.

 

Lisa Turner asked—as she did with the PDN Group—asked that REDCO be required to give the public updates.  Another great idea!  Thanks, Lisa.

 

The item passed unanimously.

 

Following the Paper Trail

Lisa Turner asked that the following item be taken off the consent agenda and moved to the regular agenda:

 

5P. That the Mayor be authorized to sign a contract between the City of El Paso and Helen Jamison, County Elections Administrator of El Paso County, at an estimated cost of $106,000.00, to provide election services and equipment for the May 7, 2005 General City Election. Funding Source:  Dept ID #11010009, Acct #502203, Elections Contracts. (Attachment) [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127]

 

Turner asked that the County be required to provide a “paper trail” because of her concern for the dubious reliability of electronic voting machines.  Cobos said he agreed with her and knows that some electronic voting machines offer receipts and he would work on that issue—not for this election, of course, but for the next one.

 

As I mentioned early, let’s get out the vote…and please note the date of the general election:  May 7th!

 

The item passed unanimously.

 

Commissioning the New Commission

The following two related items made some significant changes that were probably implemented by the City Manager in order to streamline City Council meetings:

 

27B. An Ordinance amending Title 2 of the Municipal Code of the City of El Paso (Administration and Personnel), by adding a new Chapter 2.38 (Building and Standards Commission), authorized by Texas Local Government Code 54.043, to hear and determine cases concerning violations of Chapter 18.50 of the Municipal Code without further appeal to City Council; the civil penalty for violation of a commission order not to exceed One-Thousand Dollars ($1,000.00) per day per violation for non-homestead property and ($10.00) per day per violation for homestead property as provided in Section 2.38.110 of the Municipal Code. (Attachment) [Building Permits and Inspections, R. Alan Shubert, (915) 541-4557]

 

27C. An Ordinance amending Title 18 (Building and Construction) of the El Paso Municipal Code, by deleting Chapter 18.52 (Unsafe Structures and Conditions) and creating Chapter 18.50 (Property Maintenance Code), and adopting the 2003 Edition of the International Property Maintenance Code to provide minimum requirements and standards for the use, occupancy and maintenance of existing structures and premises.  The penalty being as provided in Section 18.02.107 of no more than Two-Thousand Dollars ($2,000.00) per day per violation. (Attachment) [Building Permits and Inspections, R. Alan Shubert, (915) 541-4557]

 

Tom Maguire from Building, Permits and Inspections explained that this ordinance would create a new commission to hear cases regarding buildings or property that allegedly violate city code.  These cases previously have gone before Council, but will now be handled by a board of private citizens.  All details are provided in the backup, and one aspect of this new commission that I find reassuring is that no ex-parte communications will be allowed between the property owner and the commissioner, limiting undue “influence.”

 

Both items passed, and the only dissenting vote came from Lozano on item 27B.  The ordinance will take effect in 90 days.

 

And finally, after nearly five hours, that was that.  Now, onto campaign stuff…

 

A Mayor with no Scruples = A Candidate with no Scruples

My friends, I was alerted this week to the fact that Wardy and his handlers—as predicted—have begun their unethical (and illegal) campaigning.

 

In Wardy’s recent campaign mailer (which was written by his campaign handler, Martie Jobe), she disingenuously states (and he signs off on) the following:

 

“I want to close by congratulating those worthy individuals who have or perhaps will announce their intention to challenge my bid for re-election.  To each of them, I extend the hand of goodwill, and the hope that we will conduct the campaign in such a manner as to improve the public discourse with a debate driven by enlightened critical thinking and thereby enhance the ability of the winner to lead and serve the best interests of our community.”

 

What drivel!

 

Both Wardy and the author of the document, Martie Jobe, know better.  They launched a negative, unethical and illegal campaign in 2003, and they’ve already started it again in 2005.

 

How, you ask?  Push polls. 

 

Back in 1995, the National Council on Public Polling issued a warning about push polls and here’s what they said:

 

The National Council on Public Polls is issuing a warning about a growing and thoroughly unethical political campaign technique, commonly called "Push Polls," masquerading as legitimate political polling. These are not polls at all. They are political telemarketing.

A "Push Poll" is a telemarketing technique in which telephone calls are used to canvass vast numbers of potential voters, feeding them false and damaging "information" about a candidate under the guise of taking a poll to see how this "information" effects voter preferences. In fact, the intent is to "push" the voters away from one candidate and toward the opposing candidate. This is clearly political telemarketing, using innuendo and, in many cases, clearly false information to influence voters; there is no intent to conduct research.

These telemarketing techniques damage the electoral process in two ways. They injure candidates, often without revealing the source of the information.  Also, the results of a "Push Poll", if released, give a seriously flawed and biased picture of the political situation. (http://www.ncpp.org/push.htm)

 

Okay, so that’s why they’re unethical.  But why, you ask, are they illegal?  Well, the polls themselves are not illegal…what is illegal is when a candidate who benefits from the poll (when the poll is done for and on behalf of a candidate) fails to report the expenditure on his/her campaign finance report.  Or, let’s say, that a supporter decides to pay for the push polls for the candidate.  That’s still an in-kind contribution and must be reported.

 

An alert reader informed me that back in early 2003 (just months before the May 2003 election), when Wardy had announced his candidacy for mayor, the push polling began.  This alert reader also informed me that Wardy didn’t pay for the polls…the Jobes did.  A second alert reader sent me the link to the Jobe PAC’s campaign finance reports, and I found exactly what this reader referred to:  http://txprod.ethics.state.tx.us/public/219068.pdf.  On that report (page118, to be exact), the Jobes report that on February 13, 2003 they paid the Kitchens Group (in Florida) $16,000 for a “survey” of El Paso.   

 

Folks, not only should everyone in town be talking about this (with utter disgust and outrage), but reporters should be fighting each other to get the scoop.  Will the Times’s crack city beat reporter do a story on this?  I seriously doubt it.  So I implore my readers to write letters to the editor on this issue.  It’s that important.

 

If you receive a push poll, demand to know who the pollster is, ask who is paying them, and document all the questions you are asked (if you have an answering machine, let them know you will record the conversation and then do so!).  Then contact me and other members of the media.

 

Wardy should be discussing issues and his record—not trying to pull the wool over our eyes again.

 

A Mediocre Mayor = Well…a mediocre mayor

And this week, Wardy had his State of the City address.  But instead of…well…discussing the state of our city and informing the citizens about what he has accomplished, what our challenges are and how he plans to deal with them, and most importantly, what our financial state is as a community, he instead highlighted the accomplishments of others (http://www.borderlandnews.com/stories/borderland/20050217-24804.shtml). 

 

I’m sure he would spin it as a selfless act—“Hey folks, look at all the good work all these other people are doing.”  But that’s not what is going on here.  First of all, he faces the same dilemma he did in 2004 (when his State of the City address was a whopping 15 minutes long): He has absolutely no accomplishments to brag about; second, he never kept his big campaign promise of creating great economic development opportunities and jobs for all of us; and last, it’s too embarrassing to talk about all the illegal activities and cronyism at City Hall.  Yeah…I can see why he’d rather focus on others.

 

Wardy’s main opponents, Carmen Rodríguez and John Cook, rightfully criticized his inability to address critical issues or discuss any plans for fixing our community problems (http://www.borderlandnews.com/stories/borderland/20050217-24806.shtml).

 

I don’t know how much more pathetic Wardy can get:  Not only is he corrupt, but he’s a big zero as well.

 

Sigh. 

 

On the Campaign Train

I have been informed that although Robert Cushing never formally announced that he is running for re-election, he sent out his campaign mailer this week.  I’ve asked my readers to scan the document and send it to me…I can’t wait to read it!  I wonder if he will talk about how talented he has become over the last two years...he is almost as good as Wardy and Cobos are at bid rigging!  Or maybe he’ll brag about his aim when spitting into his soft drink can/spittoon.  As a regular observer of City Council, I can attest that his aim has gotten real good.  Now that’s a powerful plank for a campaign platform!  Or maybe he’ll talk about his visionary plans to replace the “Barbie’s Fun Words” Dictionary on Lisa Elizondo’s desk with a pocket Webster’s dictionary/thesaurus.

 

I also heard one more tidbit:  Susan Austin has an opponent!  It’s Ann Lilly, a Kern/Rim Road community activist.  

 

So folks, those of you who live in Districts 1, 2, 7 and 8 have great, progressive candidates to vote for and support.  We also have an excellent opportunity when it comes to the mayor’s race.  In addition to voting, you must get involved…help out good folks, talk to your friends, neighbors and relatives.  Let everyone know that this election is important and that we either re-elect corrupt individuals to four-year terms or get good folks in there.  It’s our choice.

 

Until next week.

 

 

Comments or questions: shmaven@yahoo.com

 

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