3.1.2005
This week, the City
Attorney’s Office finally began the formal shift to a City Manager form of
government, we go after the Viagara generation, Cushing comes close, and your
old buddy Sid gets some satisfaction.
Tax Breaks, Anyone?
The following item was
placed on the public portion of the agenda:
1. Pursuant to Article VIII, Section 1-b (h) of the
Texas Constitution and to Texas Tax Code Annotated, Section 11.261 (Vernon
2005), presentation, discussion, and approval by City Council of an ad valorem
tax freeze in El Paso City for the elderly and disabled homeowners on their
homesteads to be effective in the City's tax year 2005. [J E Chavez Caldera]
The idea of tax freezes for
elderly and disabled people is an issue that was first brought up last year by
Representative Alexandro Lozano. At
that time, Council said it would need to wait until the state legislature made
a decision about school finance and postponed any further discussion until that
decision was made.
*It’s his economic development plan,
don’t ya know!
Once the item was read into
the record, Richarda Momsen, the Municipal Clerk, announced that Mr. Caldera
had asked that the item be deleted.
Before it was, Cobos announced that he thought it was time that Council
revisit the senior tax freeze issue. He
said, “Many communities thrive and benefit from seniors,” and added that he
would like to see Council discuss this further through a legislative review
committee meeting. “It could be an
economic development issue,” he proclaimed.
Considering that this administration (which touted economic development
as its priority during the 2003 campaign season) doesn’t even have an economic
development plan or initiative in place, maybe this could be it for them! More folks like me…I like it!
Cushing and Wardy said they
should look at what other cities are doing when they discuss the issue.
The item was deleted.
Yes, let’s look at what
other communities are doing to attract more seniors by freezing taxes, and
let’s see if those communities are, like us, dealing with a $7
million shortfall!
Helloooo? I know it’s campaign
season, but can someone remind these guys that we’re out of money and looking
for ways to come up with more, not less?
This is like arguing that some people should be able to engage in
unlimited watering in the middle of a drought.
Actually, at this point I
don’t support or oppose tax freezes—I don’t have enough information yet. However, I do know we’re in some troubled
financial times at the City (more on that later), and call my cynical (or crazy
or cranky or cantankerous…take your pick!), but I think the only reason Cobos
wants to have a discussion about this now (before the state legislature makes a
decision about public school finance) is because it’s campaign season.
Cobos must have plenty of
seniors in his district.
She’s Baaack!
Back in usual form was Vivan
“Gotta Postpone those Minutes” Rojas.
She’d been unusually permissive these last couple of months and had
allowed minutes to routinely pass on the consent agenda…until this week:
2. APPROVAL OF MINUTES: [Municipal Clerk, Richarda
Duffy Momsen, (915) 541-4127] Approval
of Minutes for Regular City Council Meeting of February 22, 2005 and Special
City Council Meeting of February 17, 2005 (Joint Meeting with Las Cruces City Council).
(Attachment)
Minutes for Regular City Council Meeting held on February 22, 2005 (Attachment)
Minutes for Special City Council Meeting held on February 17, 2005
Rojas asked to postpone the
2/17 minutes for that special City Council meeting. The others did pass.
More Elections Information
Also passed on the consent
agenda:
4H. That the
Mayor be authorized to sign a resolution for the appointment of election
officials for the City of El Paso General Election on May 7, 2005. [Municipal
Clerk, Richarda Duffy Momsen, (915) 541-4127] [Attachment]
Helen Jamison made some
revisions, listing precinct judges for some of the polling stations.
The (Very) Late Shift
The following items were
posted and approved as introductions.
That means they are ordinances that will come back in two weeks for
public hearings and final approval by Council:
19B. An Ordinance repealing Ordinance No. 15893,
granting the authority to the City Manager or the Department Head to enter into
and sign certain Personal, Professional, Independent and Volunteer Service
Contracts on behalf of the City and to create a new Ordinance on the same subject.
[City Manager, Joyce A. Wilson, (915) 541-4844 and City Attorney's Office,
Elaine Hengen, (915) 541-4550] [Attachment]
19C. An Ordinance granting the authority to the City
Manager to enter into and sign certain Contracts on behalf of the City and to
sign certain documents; to authorize the City Manager to approve certain events
and activities by the various departments of the City; to authorize the City
Manager to issue certain types of refunds; to authorize the City Manager to
make certain budget transfers; to authorize the City Manager to
administratively handle matters previously addressed by resolutions of the City
Council; and to set forth the delegation of administrative authority to the
City Manager. [City Manager, Joyce A. Wilson, (915) 541-4844 and City
Attorney's Office, Elaine Hengen, (915) 541-4550] [Attachment]
19D. An Ordinance relating to the process for
submitting grant applications and accepting grant funding; and granting the
authority to the City Manager and designee to sign and submit grant-related
documents; and to repeal Section 10 of Ordinance No. 15791 relating to the
placement of grant related items on the City Council Agenda and create new
procedures. [City Manager, Joyce A.
Wilson, (915) 541-4844 and City Attorney's Office, Elaine Hengen, (915)
541-4550] [Attachment]
19E. An Ordinance amending Ordinance 8064 (The
Classification and Compensation Plan) to revise the procedures for amending
certain portions of the job specifications; to revise the procedures for
advancement within pay grade; to revise the procedures determining entry salary
under the Executive Compensation Plan; to revise the process for authorizing
the use of personally owned tools or vehicles; and to revise the procedures
relating to special sick leave. [City
Manager, Joyce A. Wilson, (915) 541-4844 and City Attorney's Office, Elaine
Hengen, (915) 541-4550] [Attachment]
19F. An Ordinance granting the authority to the City
Manager or his or her designee to make provisional and temporary employee
appointments in accordance with the El Paso City Charter. [City Manager, Joyce A. Wilson, (915)
541-4844 and City Attorney's Office, Elaine Hengen, (915) 541-4550] [Attachment]
These items, as we will
learn in two weeks, will seal the deal in the shift from the strong-Mayor form
of government to the City Manager form of government. So once these items are approved, items previously placed on the
City Council agenda requiring the Mayor’s signature will now require the City
Manager’s signature instead (as they should).
And it also looks like many of those items won’t need to be placed on
the City Council agenda at all, which will help streamline the way city
government is run (and maybe it’ll shorten these 4-5 hour meetings!)
While I had very serious
reservations about the city charter revision creating the city manager form of
municipal government—hey, why mince words, I opposed it—I’m coming to the
opinion that it was a good thing. (Yes,
folks, even skeptical, opinionated old Sid can have a change of heart.) And, just so the record is clear, let’s give
credit where credit is due: It was Dan
Power, former City Representative for District 5, who pushed through the change
from strong mayor to city manager (that’s right folks, the current mayor didn’t
do it although he is freely taking credit for it now that Mr. Power no longer
lives in El Paso).
But I have a question. Why on earth didn’t our crackerjack and
obscenely overpaid City Attorney, Lisa Elizondo, make these changes the same
week the City Manager walked in the door (or before she walked in – in
preparation for her role as the head of the City organization)? Why did she wait six months to do it? The fact that these changes are happening
fully six months after the City Manager came on board is an indication to me of
how incompetent the City Attorney truly is.
(Maybe the problem is that the office has been drained of most of its
talent? Hmmmm….could be a clue.)
These introductions were
passed unanimously and will be discussed in two weeks (on March 15).
The PSB: In
Need of a Woman’s Touch?
Much of the old
(progressive) blood is gone from the Public Service Board (http://www.epwu.org/about/overview.html),
the powerful entity that makes decisions about our community’s water and land
sales and development. Now the board
(which includes Wardy), perhaps recognizing that it’s majority is made up of
good ol’ boys, wants to fill its latest vacancy with a woman:
20A. Discussion and action on the following
candidates for appointment to the Public Service Board as recommended by the
Board: [Mayor Joe Wardy, (915)
541-4145] [Attachment]
1. Maria
Teran
2. Rosa
Santana
3. Irene
Chavez
The last woman to serve on
the Public Service Board, Dr. Elaine Barron, is an outspoken, extremely
intelligent and thoughtful member of this community and someone who (based on
her public statements) believed in smart growth and was pro-environment. Unfortunately, Barron is no longer there,
but I’m glad the board deemed it worthy to find another woman to add at least some diversity. The three nominees are listed in the agenda
item.
“These three ladies have a
tremendous record in the community…these names were vetted in preparation for
Council,” said Wardy.
Without any public
discussion whatsoever, Cushing made a motion to approve Maria Teran, President
and General Manager of Sierra Machinery.
Conflict of Interest?
While I have no doubt that
Ms. Teran has a long track record of community involvement, what concerns me is
that her company, Sierra Machinery, just got a serious chunk of change from the
El Paso Water Utility $120,400 to be exact: (http://64.233.161.104/search?q=cache:RCk05Ph8s6UJ:www.epwu.org/PDF/agenda.pdf+%22Sierra+Machinery%22+El+Paso&hl=en).
According to the utility,
there is a conflict of interest clause in place and she will be forced to
abstain from voting on anything dealing with Sierra Machinery in the
future.
The Public’s Right to Know
Thankfully, before Council
took its vote, a member of the public spoke about our right to know more about
the new appointee.
Stuart Mitchell, President
of the Mountain Arroyos Neighborhood Association, addressed Council and said,
“as we the public look at this process we want to address a concern…right now
in this City, a major issue…is how will the PSB interact with City Council in
trying to provide the means to protect special areas in our City…and the degree
to which they will cooperate and endeavor to make land available for land swaps
and participate in good, wise planning.”
Wardy immediately informed
Mitchell that there’s not enough land to swap for all the arroyos, “That’s not
gonna happen and you can quote me,” said Wardy, adding, “We are sensitive to
the issue, but it is not on the PSB agenda at this time.”
Taking issue with Wardy’s
response, Mitchell replied, “Mr. Mayor, I was present while you were absent
when the issue of land swaps came before the public service board,”
(ouch!). Mitchell reiterated that it’s
important for the citizens to know where the PSB candidates stand on those
issues.
Wardy said, “We don’t know
where we’re going with this yet,” and said it was premature to ask the candidates
where they stand on these issues, claiming it would be “disastrous” to make
them answer the question.
Disastrous? That’s a little dramatic, wouldn’t you say,
Mr. Joe? I mean, we all know you’re in
bed with the developers and the builders (you’re all snug as a bug in a big
fuzzy rug in that king size bed, eh, Mr. Mayor?), but you may want to be a bit
more subtle in the future. Just a
suggestion.
Mitchell said that the
public wants to know where these people stand on “major public policy
concepts,” and no one was asking that they be drilled on a specific position on
a specific item, “but we certainly can ask them to expose what their view is on
where we are going in this City.” When
Mitchell went as far as to call previous members on the PSB “obstructionists,”
Wardy became very irritated.
Paul Escobar said it would
be “unfair to question these candidates on this particular issue because that
is not the main thrust” and said he would be more interested on hearing their
views on water conservation.
“We would, too,” said
Mitchell.
Wardy told Mitchell that if
he wanted to know where these women stood on the issues, he could have called
them. He added that the City has made
their resumes accessible on the internet.
“The publication of the
resumes is not real information,” said Mitchell.
“We don’t have confirmation hearings,” said Wardy.
“There’s no reason why you
can’t,” threw back Mitchell.
Representative Robert
Cushing said his wife was formerly the chair of the PSB and said, “I strongly
take exception when the term ‘land swap’ is loosely used, okay?” He said there
should not be a “litmus test” for PSB appointees about land swap issues.
Mitchell said he was asking
for “public disclosure,” not a litmus test; he insisted that he only wants to
know what the position of very important public appointees is on important
public policy.
I do not know why Cushing
and Wardy were fighting so hard against transparency. If Teran was in the audience (which she should have been), Wardy
could’ve just asked her to speak to the issue briefly and address the audience
regarding some serious and city-wide community concerns. Instead, they chose the opposite route.
Representative John Cook
said that he had asked soon-to-be PSB member Maria Teran about land swaps and
she said she would be open to considering them.
Cushing’s motion to appoint
Teran passed unanimously.
Susan Austin and Presi
Ortega thanked Wardy for the great nominees.
No Divorce After All, Kids!
The following two items were
taken together:
20B. Discussion and action on amendment of the
Cooperative Agreement establishing the City-County Health and Environmental
District. [Representative Susan Austin, (915) 541-4886] [Attachment]
20C. Discussion and action on a Resolution that the
Mayor be authorized to sign a Cooperative Agreement between the El Paso County,
Texas, and the City of El Paso, to amend and supercede that Cooperative
Agreement dated March 6, 2001, establishing the City-County Health and
Environmental District. [El Paso
City-County Health and Environmental District, Mark A. Everett, (915) 771-5702]
[Attachment]
Once the items were read
into the record, Wardy raved about Representative Susan Austin’s involvement in
negotiations on the City-County Health Unit agreement.
Austin explained that the
County had approved this revised agreement, which was negotiated by City and
County staff and elected officials.
She explained that the
County (which had previously wanted out of this relationship) had
“accountability” issues and frustrations with the unit; this agreement, she
said, “essentially leaves the district intact…there is a board of health as we
have now. The board composition has
changed slightly so that we can allow an elected official from the City and the
County to serve on that board…those officials will also serve on a finance
committee…monitoring the finances of the district all throughout the
year.”
Wardy said that the County
had asked for more accountability and this would give them that.
Anthony Cobos argued that a
restaurateur should be appointed to the board because of the proportion of the
City-County Health Unit budget that goes toward regulation of food services.
Cook said that Council
shouldn’t be “muddying the waters…at the eleventh hour,” and the City can
always appoint a restaurateur to the board if it so chooses.
Lozano, acting personally
slighted by the lack of a requirement for a restaurateur, said, “I insist” that
one be placed on the board. You can
insist all you want, Alexandro, but it looks like you lack the votes. (Maybe next time I’m hungry, I’ll show up at
Alex’s restaurant right before closing and “insist” I get served!)
Crony Friendly
Cobos said that he wants to
“maintain our image of being a very pro-business Council” and said that he
wanted to amend the document to include someone from the restaurant
industry. I almost choked on that “pro
business” claim of Cobos—this is the guy after all who gleefully participates
in bid rigging and stifling competition.
That image, my dear Mr. Cobos, is a chimera. It would be more accurate to say that this Council has an image
of being very pro-crony.
Lisa Hayes, Assistant City
Attorney, proposed that Council pass a resolution indicating that they would
like to restrict their open appointment to someone in the restaurant industry
to avoid requiring the document to go back to Commissioner’s Court. Because the deadline is approaching, there
is a tight timeline, she warned.
Lozano said he was
disappointed to know that his industry was left out, and said, “This is
bad.” As he began to lecture Susan Austin
for leaving out his comida compadres, Wardy stopped him, saying, “We don’t
scold members of Council.” Oh, but you
feel free to scold anyone else who dares to disagree with you, don’t you Mr.
Joe?
Presi Ortega (who I’ve
noticed rarely has anything substantive to say) was called on and all he did
was thank Susan Austin. Thank you,
Presi. I don’t know what this Council
would do without your incredible contributions.
In the end, Council approved
the documents to meet the deadline and promised to make amendments to the board
structure at a later date.
Everyone but Lozano, still
in a snit over the exclusion of a rep from the restaurant industry, approved
the items.
A Bubble Frozen in Time
The following is the item
that caused quite a stir two weeks ago when Susan Austin first wanted to make
amendments to the ordinance:
22. PUBLIC
HEARING - MAYOR AND COUNCIL: 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.
[Representative Susan Austin, (915) 541-4886] [Attachment]
George Sarmiento, Director
of Planning, Research & Development, explained that this item had gone
before the Departmental Coordinating Committee (the DCC), the City Plan
Commission (the CPC) and the Ad-Hoc committee (the group figuring out what the
heck those mysterious things we locals call arroyos really are), and all
committees had voted in favor of approving this item.
This ordinance loosely
defines arroyos and would essentially ensure that anyone requesting to build in
an arroyo would have to take any modifications to their development plans to
the CPC. It’s a temporary, stop-gap
measure that is meant to offer some protection at least.
Matt Watson, Assistant City
Attorney, explained that the CPC had asked for two changes to the
ordinance: The first was to change the
definition of an arroyo from “a water course or other natural drainage system”
to a “water conveyance channel.” The
second change would require that the ordinance not take effect until 30 days
after the approval by City Council, and the final change was ensuring that this
ordinance “shall cease to be effective” the day after the ad-hoc committee
submits its findings.
Cushing, who was
delightfully smacking his gum while questioning Sarmiento, wanted to know how
the City Plan Commission would have the expertise necessary to make any
determinations. Sarmiento (who I’m sure
had to try his best not to gag as Cushing’s gum swished around from the left
side to the right side of his mouth and back again, and again, and again)
explained that the City Engineer would give his recommendation to the CPC. Cushing wanted that language included in the
ordinance.
Cushing also complained
about the definition of arroyos in the ordinance. He wanted to know where the definition came from and then he
offered his own as an example of what could be considered a potential water
conveyance channel. He explained that
his front yard becomes a water conveyance channel when it rains because water
runs across it.
Cushing was concerned about
Section H (which is the section in City Code that arroyo preservation activists
assert already requires maintaining arroyos in their “natural state”), and
expressed concern that the citizen-run City Plan Commission would make the
final decision about who builds in arroyos.
Terry Cullen-Garney, the Deputy City Attorney, explained that only
modifications to plans would go to the CPC.
At one point, while Cushing
was asking his questions of Cullen-Garney, he generously showed the public his
gum. It was sitting on the very tip of
his tongue, which he stuck out of his mouth (with the gum on it) as if he were
about to blow a bubble.
I’ll never forget that
moment.
Suddenly, every thing seemed
to be moving in slow motion. All I
could focus on was the glistening gob of gum hanging on the tip of Cushing’s
extended tongue. It was if my attention
had involuntarily zoomed in on his tongue and the gum like the zoom lens of a
camera. In my mind’s eye, I could see
him slowly manipulating the gum with his lips and his lizard-like tongue,
preparing it for an infusion of hot, fetid air to make it into an airtight
bubble. And then I saw the bubble
gradually expand and expand and expand until it obscured his beefy face and
then I saw it burst and cover that face with goo. It was like a horror movie or a really bad accident…you want to
turn away but you can’t.
Thankfully, he didn’t blow
the bubble. I saw Cushing’s tongue slip
out again from under his moustache and pull that poor, unfortunate piece of
sticky glob back into his mouth. It was
enough to make me physically ill. It
was enough to make anyone ill. But I
have to ask myself, and you, dear reader, why on earth must we endure Cushing’s
gum smacking and tobacco spittle ejecting on a weekly basis. Why won’t Wardy, the presiding officer, ask
him to adhere to basic rules of decorum or decency for heaven’s sake?
Regaining my composure after
the near bubble experience, I heard Cushing ask, “Would this act as a
moratorium with regard to development?”
Cushing by now had thankfully retracted the gum completely. Cullen-Garney said it would not create a
moratorium for development but it “would set up a procedure for developers to
follow.”
Austin noted that everyone
is waiting for the Ad-Hoc committee to come up with its conclusions (about what
the heck an arroyo is) and its recommendations regarding development within
them. She said that this ordinance
“gives structure to our interim between now and the time that the preservation
committee does come back with its recommendations.”
Rick Connor, the City
Engineer, explained that his staff came up with this particular (I would say
peculiar) definition of arroyos for this ordinance based on drainage, but that
he urged the Ad Hoc committee to “think of arroyos as arroyos, not try to think
of them being defined as the drainage properties that they have.”
Connor added, “If you look
at the maps that we currently have from FEMA, they have what is called the
100-year flood plain designated on these maps…the flood plain contains within
it what is then called ‘the flood way.’
What this definition generally gives is the flood way.” He seemed to agree that this ordinance would
provide some kind of interim solution to the question of arroyos until the Ad
Hoc committee completes its work.
What Connor was carefully
(and fairly effectively, I must say) explaining to Council and the public was
that the area that carries the water (in an arroyo) is different from the
arroyo itself, and he’s absolutely correct.
Usually, the waterway within the arroyo is much narrower than the entire
arroyo itself.
Cushing asked if they could
change the language in the document to “A floodway shall mean an existing
natural conveyance channel.” Cushing
seemed very interested in equating a floodway with a “natural conveyance
channel” (probably because most of the arroyo would then be left unprotected
and become buildable).
“You really don’t ultimately
want to try to, in my opinion, define arroyos by their flood way or water
conveyance characteristics. That won’t,
I don’t think, give you the goal you ultimately desire,” warned Connor. The
good Mr. Connor (for whom I have gained much respect over the last few
meetings) was assuming that Cushing wants to preserve arroyos. Of course, this is a false assumption. Cushing is well ensconced in the pocket of
the developers and the builders.
Dr. Rick Bonart,
representing the Borderland Mountain Bike Association, said he doesn’t support
the ordinance because it doesn’t support preservation. He echoed some of what Connor said and
reminded Council that arroyos are larger than the area within them where the
water flows. Preservation of the water
conveyance portion would not protect the outlying areas (which go out to the
ridge) of the arroyos. He said this
ordinance “overcomplicates the problem,” because the definition being used in
the ordinance is “too narrow.” He said
he was also concerned about developers reapplying under these “looser”
standards.
Rick Schecter, another local
Council watcher, also spoke and said he, too, opposed the ordinance and
presented some amendments to the ordinance.
As Schechter began
discussing his suggestions, Cushing interrupted him to ask City Attorney Lisa
Elizondo if Schecter was keeping his discussion within the scope of the agenda
item. Elizondo then obligingly asked
Schecter to stay within the parameters of the item. Shecter started up again, but then it was Cobos who tried to stop
him from speaking. Elizondo said he was
entitled to speak. “Well, he’s almost
done,” said Presi and they all laughed.
Apparently, Schecter didn’t hear what Presi said and, wondering why they
were laughing asked, “I’m sorry, did I miss something?”
Yes, Mr. Schecter, you
missed Cushing and Cobos trying to stifle your right to speak on this item and
you missed Presi being extremely disrespectful. I’ll be happy if we get to miss all of them permanently come May.
Matt Carroll, candidate for
Mayor, pointed out that the CPC is represented to a great extent by developer
interests.
Stuart Mitchell, who was the
only activist supporting the ordinance, said he’s very concerned that the
“infamous subsection H is simply not being enforced…because the staff has
chosen not to enforce it…and what we have in this proposed amendment is not a
change in the substance of the ordinance that was adopted by this Council back
in 1997; we are looking here at only a change in the process so there is a
clear, definable and knowing way to get the ordinance enforced…and in
accordance with its plain language.”
He said that over the last
four months he’s been saying that the development decisions are being “ruled by
City staff instead of law.” He
supported Austin’s ordinance, calling it “an orderly procedure.”
Cook said he was very
uncomfortable with the way arroyos were defined by the ordinance and asked how
much of the Wildwood Canyon arroyo would be protected under the ordinance.
Mitchell said only a “narrow
strip down the middle” would be protected, but he’d rather have that strip
protected than nothing at all because of the staff’s unwillingness to protect
arroyos.
Cushing asked how putting
this process through the City Plan Commission, which is the basic change in
this ordinance, would make Mitchell feel better when Mitchell’s been critical
about Council’s appointees to the Commission.
Mitchell said that
ultimately the City would need to change the way it selects people for the CPC,
too.
Austin said that her desire
was “for a process that can implement the section H…at a minimum, it puts the
burden on the developer to come forward with the facts…our existing H does not
do that at all…it may not be perfect but we have yet to see how the Plan
Commission handles one of these modifications.”
Austin noted that there are
several amendments to be made and made a motion to approve the first amendment,
to adopt the CPC language adding “natural water conveyance channel.”
Before anyone could make a
second, Cushing (true to his delay tactic form) said he wanted to postpone this
item for one week to wait for a “cleaner version,” and then, clearly feeling
satisfied, leaned back and started smacking away on his gum.
Cobos said that Council had
heard from “many individuals” who are in favor of conservation but opposed to
the item, and he said that’s what makes this “not right.”
Vivian Rojas said that there
are a “myriad of questions and concerns,” and wanted to move this to a
legislative review committee of the whole (LRC). Austin said Council asked her to take it before the DCC, CPC and the
Ad-Hoc committee, and she did that. She
said that if this were now sent to LRC, there would be an ordinance that offers
“more interfering.” (I was now fearing
that I had ADD because I was quickly losing interest! I had become so bored my friends, that I almost broke out in the Hair song, “Initials”…I wanted to stand
atop my chair and belt out ”LBJ took the IRT…”)
Austin, who was as
frustrated as this columnist was, said if they wanted to vote it down, they
should vote it down. For once, Austin
was right. Their delaying tactics are
becoming increasingly tiresome.
Lisa Turner, another Council
watcher and frequent visitor to Council, said that Cobos and Rojas were
correct. She observed that what the
City is really talking about is open space because “arroyos” is really a code
word for open space and that’s how it should be dealt with. Have I ever mentioned that this woman is
incredibly insightful?
Rojas made a motion to send
this item to LRC and to postpone this item for two weeks and the item
passed. The only “no” votes came from
Austin and Cook.
So, in the meantime, while
this ordinance is on hold, and while the definition of arroyos is also on hold,
there’s nothing to protect the arroyos and there’s no process in place. Maybe next time the IRS comes knocking on my
door I can tell them I need to send the issue to an LRC ASAP.
The Pros and the Big Con
The next item was the City
Manager’s report regarding an outside audit of the City’s finances, which had
been requested with much fanfare by Cushing and Cobos. I had been anxiously awaiting this
item. Interestingly, just as the City
Manager’s report was about to begin, Cushing walked out of Council Chambers. Coincidence or not? You be the judge:
25. CITY
MANAGER: City Manager's report of
current events and issues: Audit and Expanded Audit Findings
Wilson reminded Council that
in October, it had instructed Wilson to expand the usual audit conducted at the
City. If you recall, Cushing (in a
probable violation of the Texas Open Meetings Act) whispered to Cobos and
Lozano during a break in the meeting last fall that he would follow local
ankle-biter Theresa Caballero’s recommendation, which was to hire an outside
auditor, even if it cost taxpayers $100,000, to find MISSING MONEY that they
believed was socked away somewhere.
A Walk Down Memory Lane
In case you don’t remember
all this, let me refresh your memory…go back to last fall…to my notes
documenting “The Case of the Open Meetings Violation” and Cushing’s “forensic
audit.” Here’s what I wrote in my
column back on October 5th, 2004:
CSI:
El Paso…starring Robert Cushing!
First, CBS created the popular drama CSI (Crime Scene
Investigation). Then there was the
spin-off, CSI: Miami. And then there
was a spin-off of the spin-off, CSI: NY.
Our resident investigator and legal-eagle-in-his-own-mind, Robert
Cushing, must have been inspired by these CBS dramas and for today’s meeting
created a spin-off of the spin-off’s spin-off (would that be like being
off-off-off-off-off Broadway?), CSI: El Paso!
His first case involves the mystery of the missing
moolah. Check out his detective-like
defense in his agenda item:
19B. Discussion and action on
conducting an independent forensic audit of all finances of the City of El
Paso, including but not limited to fund balances by department, fund balances
for completed projects, disposition of any and all finances resultant to the
software conversion from FAMIS to People Soft, outstanding debt instruments,
grant monies, federal and state leverage funds, TXDOT indebtedness, etc.
This audit is essential since actions
and conduct of financial reporting individuals of the City of El Paso have
resulted in a loss of public confidence in the City of El Paso, and also, with
the change in government, as mandated by the voters, the new City Manager
should have confidence in the financial affairs of the City of El Paso. [Representative Robert A. Cushing, Jr.,
(915) 541-4416]
Ooooh! An “independent forensic audit!” All you mystery buffs out there will love this! I can see it now. Enrollment in accounting courses at UTEP will soon soar and the
El Paso Times will cite Robert Cushing’s intrepid investigations into the
city’s finances as the cause. And then,
inspired by Cushing’s forensic investigation, UTEP will combine their criminal
justice, business and English literature majors and endow the Robert Cushing
chair in pompous deconstructive non-interpretive criminal forensic accounting.
Back to the meeting and Robert Cushing’s
obsessions. Robert Cushing has made no
mystery of his dislike for Chief Financial Officer Bill Chapman and has gone to
great lengths over the last few weeks to establish his lack of confidence in
him. But I suspect the real driving
force behind the request for an audit is Theresa Caballero, who has publicly
vilified Chapman for years and to whom Cushing seems to be pandering, at least
on this issue.
The
Case of the Open Meetings Violation
A few weeks ago, in fact, during a recess at the
8.24.2004 meeting while the microphones were still on, Cushing could be heard
plotting about his forensic agenda item with his cohorts Cobos and Lozano.
To quote…well…myself…again…here’s what happened:
Cushing changed the subject and could be heard saying
“All I can tell you is we have the votes to do what Teresa Caballero said and
have an internal audit…even if it costs $100,000.” [What’s a mere $100k among
friends? Do you get the impression that they actually think it’s their money?]
Cobos responded, “Let’s do it.” Suddenly horrified that his comments may have
been picked up and broadcast by the microphones, he thumped one and asked, “Are
these off?” No, Mr. Cobos, they were not.
http://www.thestrelz.com/shm/2004_0824.htm
Cobos’s palpable fear stemmed, in part, from his
realization that their secret plans were broadcast to the audience in chambers
and that their conversation had likely violated the open meetings act. (Of course, I might be giving Cobos too much
credit here—this would imply a sensitivity to ethics and the law that I don’t
think Cobos has or is capable of.)
http://www.thestrelz.com/shm/2004_1005.htm
Back to the Future
Okay, so I assume we’re all
on the same page now: Cushing and Cobos
wanted an auditor to find secret piles of money and it got them one step closer
to ridding the City of experienced Chief Financial Officer Bill Chapman. One of the reasons for former CFO Bill
Chapman’s sudden exit from City Hall was because he was the subject of
Cushing’s relentless, mean-spirited witch hunts and these accusations that
there were hidden funds somewhere. So
you can imagine, my friends, that I anxiously anticipated the results of this
audit to see if this very considerable expenditure of our taxpayer dollars—done
at the insistence of Cushing and Cobos—was worth it.
Carmen Arrieta, the
comptroller, went through the CAFR (comprehensive annual financial report),
which was not available as an attachment to the agenda item, but which is on
the Comptroller’s web page for everyone to review (http://www.elpasotexas.gov/comptroller/_documents/FY%202004%20City%20of%20El%20Paso%20-%20CAFR.pdf). This CAFR is the regular audit. KPMG, the financial firm hired to do the
special audit, would later give their presentation on the expanded audit.
The CAFR Arrieta presented
was for the fiscal year that ended August 31, 2004. It included an overview of the City, the fireman and police
pension fund, and the El Paso Water Utilities.
She went over governmental
funds (general fund, CDBG Block grant monies, debt service, capital projects
and other special revenue funds); proprietary funds (Airport, International
Bridges, Mass Transit and Solid Waste Management); and Internal
Service/Fiduciary Funds (City Employee’s Pension Fund, Fire and Policemen
Pension Fund, Private Purpose Trusts and Agency Funds).
I gotta tell ya…this was a
snoozer, my friends. I fought off sleep
the way these guys fight off ethics!
She reported that the City’s
fund balance (or our City’s savings account) at the beginning of 2004 was $41
million, and by the end of 2004 the City ended up with $36 million. While the City didn’t dip into its reserve
fund as much as it had anticipated it would, it did dip in, helping itself to
$5 million of that savings account.
The areas of greatest
concern (under propriety funds) seemed to be the Solid Waste Management
Department, which has a negative $27.1 million in fund balance (due in part to
a closing landfill…I guess they had to pay landfill closure costs). The Fiduciary Funds (pensions) are also in
the red with a $19 million negative fund balance.
Yikes! That’s a lot of red ink! And by the way,
folks, one local TV reporter (for KVIA, no surprise there) announced on the
evening news that night that the City was in “great financial shape!” Uh…were we at the same meeting? And we wonder why the public is unaware of
the problems at City Hall? Sheesh!
Wardy’s Power Outage
Arrieta said that the
auditors’ recommendation letter would be available around the end of
March. Obviously, the fund deficits are
one area of concern for KPMG (and the taxpayers!) and they are in Solid Waste
Management, which until recently was run by Candidate for District 7 Emma
Acosta, and in the Pension funds (which are in serious trouble and it seems
local taxpayers might have to help fix).
Another area of concern for
the auditors, said Arrieta, is that the Mayor is still the authorized check
signer instead of the City Manager, who should be the one signing them.
Wardy, true to form,
immediately took issue with that. Folks
on the 10th floor have informed me that Wardy just won’t accept the
fact that he has to relinquish his powers to the City Manager…and he was
clearly trying desperately to hold onto the last of them here.
Wardy immediately sat up in
his chair and said, “That’s a charter situation, not an ordinance!”
“Yes, but, we um, through a
delegation, um, we would hope that we, um, could resolve that, through a
delegation,” said Arrieta gingerly.
“Is that legal, Ms.
Elizondo, for me to delegate if it’s in the charter?” asked Wardy.
As usual, our $155,000 a
year City Attorney found it difficult to give an answer and said, “I…I don’t
think so, if it’s that specific in the charter…” then she turned in quiet
desperation and looked for help from staff attorneys sitting in the audience, asking,
“Is that something, Mr. Villegas, did you review that?” She got the answer, as usual, from one of
her subordinates, and told Wardy he couldn’t do it.
The Comptroller, Carmen
Arrieta, told the mayor that this is a “day to day activity” and that the
auditor the City hired is recommending this change.
Hypocrisy Alert!™
“I’m concerned about the
legality as law is issued in the Charter…I’m just saying the Charter expressly
states that, and I’m not sure, I would like to have an opinion from legal if I
can delegate that authority; I’m not sure that I can,” fumbled Wardy.
Hold up there! Stop the presses and rewind! NOW he’s concerned about strict adherence to
the Charter and “legalities” as they relate to it? He sure had no problem whatsoever violating the City Charter when
he hired Jim Martinez—who did not meet a single requirement outlined in the
Charter for a Chief Administrative Officer.
Back then, Wardy argued that the Charter was only a “guide.” Hey, when he’s doing the bidding of his
masters, the charter’s just a guide; but when it comes to signing the checks,
the charter’s the word of the almighty!
Arrieta gave it up and moved
on.
When Council asked Arrieta
about the fund balance issue, Wardy warned Council that they shouldn’t be so
willing to use the fund balance again next year because it’s not “prudent
financial practice.” Arrieta agreed
with Wardy (and I, too, agree, my friends…and I’m trying to avoid the bolt of
lightning as I type this!). Joyce
Wilson warned that Council is already trying to balance next year’s budget
again with the use of $9 million of that fund balance (insert image of Sid
shaking his head here).
When Arrieta closed, she
said, “These are the same numbers presented by Mr. Studer [the Chief Financial
Officer] in his quarterly report.”
Cobos said that the report
showed that there was new property purchased and that debt was incurred in 2004
and he asked what that was for. Arrieta
didn’t know but said she’d get back to him on that (I’m curious about that,
too).
Protecting Jimbo with the Jumbo Salary
Cobos also pointed out that
in 2004 there were “some over-budgeted items.”
Expressing his displeasure, he said that when a department goes $1
million over-budget (as some, I assume, had done), there’s a problem.
Cobos asked Joyce Wilson to
explain the excessive spending in 2004 in these departments.
Folks, as a reminder, Wilson
was not on staff in FY 2004…heck, she wasn’t even in El Paso during that fiscal
year! Remember, she didn’t begin until
the fall of 2004 (the very end of the 2004 fiscal year and the beginning of the
2005 fiscal year).
Cobos should have been
demanding an explanation from Wardy, who was the Chief Executive at the time,
and from Wardy’s partner in crime, Jimbo with the Jumbo salary (a/k/a “Jabba”,
a/k/a “El Superstar”) Martinez, the Chief Administrative Officer. If departments went $1 million over-budget,
Martinez was the guy in charge who allowed that to happen.
Wilson, the consummate
professional, simply said she would look into the issue.
Wardy, who—I’ll say it
again—along with his Chief Administrative Officer, Jim Martinez, was in charge
of the departments in 2004, then had the audacity to demand of Wilson, “I think
Council wants a report from you on the departments that went over and why.”
I wanted to rush the podium
and say, “But Mr. Wardy, I can explain it!
It’s actually pretty simple: you
and Jimbo with the Jumbo salary were in charge…no, no, don’t be shy…you were
indeed in charge. Unfortunately, you
were not competent enough to run the City and even keep it within budget. And this is a wonderful opportunity to say
that this over-budget issue is a prime example of that incompetence, Mr. Mayor,
and why you, sir, need to go, never to return!”
Yes, I’ll admit it. Sometimes, my friends, my fantasies are a
bit melodramatic. Forgive your pathetic
columnist who relies on them in order not to fling myself off the top of City
Hall every Tuesday.
Then, KPMG gave their “high
level review of certain practices.”
Asking the question I was
hoping would be asked, the answer to which I had waited for lo these last four
months, and the question of all questions…Cobos eagerly and jokingly asked,
“Did you find any black bags full of money?”
The KPMG guy simply shook
his head and said, “I can’t help you out there.”
Vindication at Last!
BINGO! I hate to toot my own horn, but can I say “I
told ya so?”
The response from KPMG
proved my assumption that we did not need to expend precious taxpayer funds to
pay KPMG for this expanded audit. There
is no “hidden money” and there was no need to force out Chief Financial Officer
Bill Chapman on this bogus basis.
So to recap: Cushing and Cobos and Lozano—at the
direction of a private citizen/ankle-biter—used taxpayer money to fund an
expensive audit that did not produce any “hidden money.” That’s not to say that the expanded audit
didn’t provide new information—it did (as you will see below). But the stated purpose of the audit was to
find those “bags full” of money that the notorious Mr. Chapman had hidden away
(for what purpose was never made clear).
Also, these corrupt bozos drove out a veteran City staff member—who was
close to retirement—because of their paranoia and mean spiritedness.
This “expanded audit,” my
friends, is a perfect example of the way this administration operates: They spend our money—I repeat—our money, and
do so recklessly (for other examples just think of certain attorney salaries,
outsourcing and rigged bids)—and they drive off talented veteran City
staff. What more do voters need to know
to do the right thing?
Can We Get an Internal Auditor Over Here, Please?
John Kennedy, a partner with
KPMG, began his presentation based on their expanded audit.
The first recommendation was
that the City hire an Internal Auditor.
The Office of the Internal Auditor, said Kennedy, is not effective
because that office is under-staffed.
Wardy, my dear reader, has failed to hire an Internal Auditor for over a
year. Gee…wonder why! Also, there’s no policy or plan in place for
that department. As a result, KPMG
believes that department is ineffective.
Instead of allowing the KPMG
rep to finish its presentation, Councilors interrupted him. Cushing stopped him so he could reiterate
Kennedy’s first three points, and Wardy stopped the presentation to say that
the Auditor’s office was indeed working on some level because this is the
individual who discovered the “bilking” of the City’s Solid Waste Management
funds (the perpetrator of which was recently sentenced to a hefty prison term
in federal court).
Once Kennedy was allowed to
continue, he said that there needs to be a more long-term strategic focus on
financial policies (regarding the budget, fund balance, etc.) and how the City
can function going into the future—he said that’s not happening now. He said specifically that there is no formal
policy regarding the City’s precious fund balance regarding how much they want
to retain and how much of it they will allow themselves to use. KPMG recommended that the City retain at
least 1-2 months (8-16%) of the annual budget in its fund balance each year.
KPMG said that most of the
City’s practices regarding the budget and procurement of banking services are
already good, but that there are several areas regarding the City’s finances
where there is no policy in place to follow and that that needs to change.
Once they gave their
presentation, Lisa Turner asked if the $16 million the City saves is enough
considering today’s recommendations (having one to two months on hand for
emergencies). William Studer said that
$16 million does not equal one month.
He said that the City should create a policy that is based on the 1-2
month recommendation.
Council took no action on
this item and retreated into executive session.
More Outside Counsel for Council
When they came back out they
took action on the following item:
26B. Discussion
and action regarding the Courts of
Inquiry matters, Cause Nos. 20040D00188, 20040D00814, 2004OD00147,
2004OD01554, 2004OD01555 and 2004OD01556.
(551.071) [City Attorney's
Office, James A. Martinez, (915) 541-4550]
Council unanimously approved
hiring outside counsel to handle these cases.
And that was that for the
meeting.
Campaigning and Debating
Folks, in case you haven’t
noticed, we’re deep into the best season of the year…campaign season, and early
voting is only a month and a half away.
That’s right, my friends, it starts on April 20th and my
fingers are itching to get to that touch screen! (I’m so eager that I might just break out in hives anticipating election
day!)
There are forums happening
for the mayor’s race, none of which our mayor (appropriately dubbed “No Show
Joe” by mayoral candidate John Cook…dontcha love it?) is attending. There are also some forums going on for the
Council races.
If you aren’t sure who
you’re voting for yet, you need to get in gear my fellow citizens. You also need to get your friends, family
and neighbors in gear so that they are ready for April 20th. We need to get informed, get active and
support good folks. We need to discuss
the issues, get the vote out and clean house.
You and I are a vital part of that process and we cannot pretend we are
not.
Ready…break!
Until next week.
Comments or questions: shmaven@yahoo.com
My commentaries are posted
weekly at http://www.thestrelz.com/shm/shm.htm
Also, if any of my readers would
like to add their own comments or thoughts, they can do that at
http://strelzbacktalk.proboards19.com/index.cgi?board=shm