5.3.2005
This week’s meeting was the
last one before the election day on May 7th. It featured a
foaming-at-the-mouth guard dog, a visit to sleepy town, a lightning bolt or two
in Sid’s direction, and some hometown lasagna.
Read
on!
Posting Interpretations
The following was a public
item that was both informative and heart-breaking:
1. Border Children's Mental Health Collaborative
requests that the City of El Paso call attention to the mental health needs of
the children, youth and adults by officially recognizing the launch of the
Bach's "Shout Out Silence!" campaign. [Lisa Tamaqua, BCMHC Project
Director]
After very moving testimony
by advocates and children about the mental health needs of the community, Wardy
thanked them for being there. Then, for
reasons I cannot understand, he informed the group that this item was not
properly posted for any action, so Council could not call attention to or
recognize their efforts. Lisa Elizondo
agreed, saying, “It’s kind of an unusual posting anyway.” (What’s that supposed
to mean, Lisa?)
Susan Austin asked why Wardy
and Elizondo were saying it was not posted correctly and challenged Wardy and
Elizondo’s poor knowledge of the posting issue. Despite Wardy and Lisa’s incompetence with regard to understanding
the posting issue, Council unanimously approved officially recognizing the
group.
Pet Irony Alert!™
During the Mayor’s
Proclamations section of the meeting (which had no posting problems), a
proclamation on the following subject was read into the record by
Representative Paul Escobar:
3. NATIONAL
PET WEEK
Hmmm. I would have thought Bob “the dog
disemboweler” Cushing would have jumped at the chance to read this
proclamation. After all, his wife (and
chief apologist/enabler), Elza Cushing, claimed in a mailer that her husband
just loves dogs. He could have held up
a photo of his current family dog—you know, the one with the distinctly nervous
look who graced the cover of his pathetic non-apology apology mailer. He could even have read a poem—an ode to the
Cushing family dog. That would have
been special. Oh well.
Showdown at the Crony Corral
During the routine reading
of the revisions to the agenda, Anthony Cobos said that before he would begin,
Vivian Rojas had something to say.
“Last week at the City
Council agenda, we had a motion made by Representative Escobar and seconded by
Representative Cook to direct the City Attorney’s Office to look at all legal
options to stop the Cedar Oaks Townhomes project and report back to City
Council in one week,” began Rojas.
Lisa Elizondo, the City
Attorney, interrupted Miss Viv, saying, “Representative Rojas, I have to advise
you that this is not posted, it is impermissible and illegal to discuss this at
this point.” Completely ignoring the
City Attorney’s warning, Rojas simply spoke over Elizondo, saying, “And I
wanted to ask for the record…”
Cobos
stopped Elizondo from speaking again, saying sternly, “Ms. Elizondo!”
Rojas continued, “I wanted
to ask for the record why this item was not posted on the agenda because I,
along with several residents were…”
Wardy
then tried to interrupt, saying, “Ms. Rojas, Ms. Rojas!”
“Let me finish, please,” she
said, and Wardy responded, “No, Ms. Rojas, we’re not gonna have this discussion
because it is inappropriate in this venue to have this discussion.”
“I would like to know why it
wasn’t posted,” she repeated.
“Okay, we can have that
discussion between the City Manager, Ms. Elizondo and yourself after the
meeting. Now a mistake has been made
and we’re not going to barbeque anybody here this morning over this issue,”
said Wardy.
Actually,
I was in the mood for a good
barbeque…but I got fireworks, instead.
Mistakes, Neglect...It’s All Among
Friends
Cobos, trying to be
recognized, called out in his annoyingly high-pitched and nasal voice,
“Mayor!” He didn’t get recognized
because Rojas just barreled on. “Well,
several residents were under the impression, along with myself, that this item
would be discussed, and fortunately, I was able to get a hold of some of them,
but others are here, and they took time out of their schedule to come and
address this issue.”
Wardy
interrupted her again, saying, “I understand.”
Elizondo said, “And I am
happy to meet with them personally right now to explain the situation. We’ve already explained the situation to Ms.
Rojas, I just don’t think we’re posted properly to have a public discussion on
this.”
Not properly posted
again! I like that! The next time I don’t want to have an
uncomfortable conversation with someone, I will simply say, “I’m sorry, I don’t
think we’re properly posted to have a discussion on this!” That Lisa E. sure is a smart one, eh folks?
Cobos finally had his chance
to pipe in and said, “Well that’s extremely convenient, extremely convenient
for you.” While Cobos was admonishing
her, Elizondo looked downright stunned.
After all, her biggest fan, one of her staunchest defenders, one of the
crony crew members was actually scolding her – their hand-picked gal! She sat frozen as he continued. “I want you to explain to the residents why
you forgot or why this item was not put on the agenda, cuz it was postponed
from last week.”
Shaking off her shock,
Elizondo responded, “It was not postponed from last week. The official motion was for my office to
prepare a written memo to Council regarding the legal options, which we have
done...” Then she corrected herself (I could see the wheels turning in her
head…“oops! Did I get to delegate that
darn memo before I left for the day at 10:30 for my manicure?”) “…Or we will do
today, by end of business today,” she continued. (Generally, when she says “we” she means an assistant City
Attorney.)
Then, correcting Wardy’s
passive language assertion that a mistake had
been made, she said, “So nobody made a mistake. The item should have been posted [she then threw a glance at
Rojas], it was not by Ms. Representative Rojas’ office, and so we’re not posted
for public discussion today.”
Rojas said that the motion
“was for the City Attorney’s office to get back and inform Council, and that’s
why I was counting on the City Attorney’s office to have it posted.”
“And
we will comply with Council’s direction,” said Elizondo.
Cobos, who had let off his
steam and was ready to re-join the Lisa E. Support Group, asked her so very
nicely to go out and speak to the residents about the issue.
Elizondo looked very
relieved to be back in Tony’s good graces and said she would be happy to do
just that. She added, “And this item
can be posted for next Tuesday.”
Rojas,
who was still steaming, said, “It will, and my office will post it.”
“Thank
you, Ms. Rojas,” said Wardy.
Once the fireworks were
over, Council continued with the revisions and the consent agenda.
Let me tell you, my friends,
that little exchange was quite the adrenalin rush! Ah…what we oldsters call “entertainment.” Ain’t it grand?
Oh, the minutia
Approved on the consent
agenda:
3. APPROVAL OF MINUTES: [Municipal Clerk, Richarda
Duffy Momsen, (915) 541-4127] Approval of Minutes for the Regular City Council
Meeting of April 26, 2005.
Sorry you minute lovers out
there…there was no backup attached this week for us to read.
Board Appointments of a Desperate Man
Also approved on the consent
agenda were the following items:
5Q. That Nicolas Vilardell be appointed to the Board
of Directors of the Industrial Development Authority, Incorporated, effective
as of the date hereof, on behalf of Representative District 2. [Representative Robert A. Cushing, Jr.,
(915) 541-4996] (Attachment)
8F. Nicolas Vilardell to the Arts & Culture Advisory
Board by Representative Robert A. Cushing, Jr., District 2. [Representative
Robert A. Cushing, Jr., (915) 541-4996] (Attachment)
8G. Alvin L. Harris to the Ethics Review Commission
by Representative Robert A. Cushing, Jr., District 2. [Representative Robert A.
Cushing, Jr., (915) 541-4996] (Attachment)
8H. John E. Estle to the Commission on Border
Relations by Representative Robert A. Cushing, Jr., District 2. [Representative
Robert A. Cushing, Jr., (915) 541-4996] (Attachment)
8I. Michael
Shoffit to the Greater El Paso, Civic, Convention and Tourism Advisory Board by
Representative Robert A. Cushing, Jr., District 2. [Representative Robert A.
Cushing, Jr., (915) 541-4996] (Attachment)
1B. Charlie Bombach to the Building and Standards
Commission by Representative Robert A. Cushing, Jr., District 2. [Representative Robert A. Cushing, Jr.,
(915) 541-4996] (Attachment)
1C. Luther Jones to the Building and Standards
Commission by Representative Robert A. Cushing, Jr., District 2. [Representative Robert A. Cushing, Jr.,
(915) 541-4996] (Attachment)
Looks like Robert Cushing,
like Anthony Cobos last week, wants to ensure that his men get on the boards
where they are most needed.
Charlie Bombach, from
Saratoga Homes, and Luther Jones, from the fourth level of hell, were both
appointed to the Building and Standards Commission. And guess what? They can
only be removed for cause.
I didn’t recognize most of
the other names, but I did recognize Alvin Harris’s name. He was former District 7 Representative Luis
Sariñana’s appointee to the Civil Service Commission. That’s almost a guarantee that Mr. Harris belongs to the Luther
Crew, and now he’s on the ethics board.
Talk about the fox guarding the hen house.
Still in the Hole*
*Where It Is Not Pretty On the Inside
This item was postponed
after last week’s marathon meeting, and was the first regular agenda item to be
discussed:
19. CITY
MANAGER: City Manager's report of current events and issues: Quarterly
Financial Report, 2nd Quarter, to Council and preliminary revenue projections
for Fiscal Year 2005/2006 and update on the budget process for FY 2006. [Deputy
City Manager, William Studer, (915) 541-4011]
POSTPONED FROM 04/26/05
The Deputy City Manager for
Financial Services, William Studer, provided Council with a current financial
picture for the general fund. He said
the budget looks about the same as it did the previous quarter, and the good
news is that the City may be using $2 million less than projected from its fund
balance (the City’s savings account).
In terms of revenue, there
were some changes in the amounts collected by the City in fees. For example, while there are some increases
in sales tax receipts, other income from fees has decreased (such as collection
rates on ambulance fees and telephone franchise fees). Studer reported that after Council increased
bridge fees, fewer cars crossed the border—surprise, surprise—which meant a
decrease in what the City had hoped to collect.
Studer also (casually)
mentioned that the fire department was over budget by $1.5 million, but the
Streets and Police Departments as well as the Library have seen some savings
because of unfilled vacancies. He
mentioned other increased expenditures during the current fiscal year, like the
increased fuel costs.
After saying that he was
“extremely concerned” about the City’s ability to maintain the streets and
alleys, Wardy told City Manager Joyce Wilson that he wanted a report on how the
vacancies in the Streets Department would be filled.
Presi Ortega wanted to know
how the City was dealing with the increased gas prices and asked if City
employees who use vehicles were car pooling.
Studer said the services still need to be delivered, and there was no
way to lower those costs. I guarantee
you, my friends, as we (as a City) begin to increase in size—and particularly
if we annex all the land Wardy has promised to the developers—those costs will
shoot through the roof.
Susan Austin was the only
City representative who seemed concerned about the Fire Department exceeding
its budget and said, “Blowing your budget by over $1 million is
unacceptable.” I tend to agree.
Wardy said that hearing
about budgetary issues in the Fire Department is like listening to “a broken
record.” Well, fix it, dear Wardy, dear
Wardy, dear Wardy, well fix it, dear Wardy, dear Wardy fix it!
When Paul Escobar said that
gas prices would not be decreasing anytime soon and would probably just
increase, David Almonte, Director of the Office of Management and Budget (OMB),
agreed, and said that a $500,000 transfer would be made soon to cover some of
the departmental shortfalls as a result of the gas increases. Yikes!
Almonte then began his
discussion of the projections for Fiscal Year 2006, which included a discussion
of revenue sources, funding and reorganization issues, and policy directives
that staff needed guidance on.
Almonte explained that the
City’s revenue sources are property tax, sales tax, various fees and bridge
revenues, and that they comprise 87% of the general fund budget. The 2006 budget is up slightly, he
said. He noted that the City was
projecting a very conservative sales tax revenue rate because of how volatile
consumer spending is right now. He said
the income from franchise fees (Water Utility, El Paso Electric, Texas Gas,
Southwestern Bell, Time Warner, ambulance service, etc.) has been generally
stable.
Almonte said the issues
coming up were the City’s unfunded pension liability, renewing the policy and
fire contracts, the costs associated with new facilities as a result of the
general obligation bonds (he said that the operational and personnel costs have
to be funded for three new fire stations, the history museum, new library
facilities and park areas), increased fuel prices, and increased demand for services
(median landscaping program, an increase in active ambulance units, and
expanding the recycling pilot program and other environmental management
services programs).
Almonte also reminded
Council that the non-uniformed City employees have not received a cost of
living allowance increase (COLA) since February 2002 (under former mayor
Caballero); there are increased health care pension costs and liabilities; and
that there will probably be a tax increase to pay for the debt service fund. According to the presentation, the Council
will have no choice but to implement a 2.5 cent tax increase in the debt
service next year as a result of the fact that this Council refused to deal
with a small increase this year.
Almonte explained that the
City is trying to reduce the workforce in order to address some of these
challenges. He also said there will be
increasing medical expenditures (as the premiums have not been raised for 44
months while health insurance expenditures have gone up by double digits). He said the City is also looking at
restructuring and consolidating, as well as outsourcing and privatizing. The City Manager’s Budget will be ready in
June 2005 with budget hearings in July.
John Cook said that he had
always said that privatization should include a level playing field to allow
the City departments to compete. City
Manager Joyce Wilson said that as part of their internal review, the
departments are looking at areas where there is demand to expand services or
where responsibilities other than those directly related to the department’s
mission had been taken on. She said
that their analysis is not looking at short-term gain, but looking for a
balance as the City grows, and looking for a way to supplement through
contracts.
Cook said that the Human
Resources department had been reduced, but the need obviously still exists
because those services eliminated are now being outsourced.
Not one council member asked
how they would pay for the expanded tax exemption for the elderly, not one
council member asked how they would make up for the reduced tax rate for 2005,
and not one council member asked how they would deal with the need to increase
the debt service.
Of course not! It’s election week. I guess all those problems created by this
mayor and council will have to be ignored one more week and then fixed by the
next mayor and council.
Once the presentation was
finished and questions had been answered, Council moved on to the next
discussion.
One Arroyo at a Time
The following item is one that
has been discussed for months:
28A. An ordinance incorporating the El Paso Water
Utilities Public Service Board Westside Master Plan as a specific study area
plan into the city's comprehensive plan, The Plan for El Paso, and which plan
shall amend the Plan For El Paso and the Year 2025 General Land Use Map
incorporated therein. (District 1) [Planning Research and Development, Frank
Delgado, (915) 541-4730] POSTPONED FROM 04/05/05 (Attachment)
George Sarmiento, Director
of Planning, Research & Development, said that quite a bit of progress had
been made on this item since its initial postponement one month before. If you recall, dear reader, the Public
Service Board master planned the west side land it will be selling, and before
the land gets sold, all the stakeholders (private citizens, the utility, Susan
Austin, developers, etc.) have been working out agreements as to what land will
be preserved in its natural state and what will be developed.
The last detail to be worked
out by the Public Service Board and the City Plan Commission was what Sarmiento
called, “the fourth arroyo” and the scenic corridor near Transmountain (west).
Austin explained what had
been going on:
“When
this came before us the last time, there was apparently not a clear
understanding between the stakeholders and the PSB and the City Council as to
the precise thing that was agreed upon.
We went back to the drawing board, reached a new agreement, drew some
lines on a map, sketched it all out, initialed it, did a memo. There is an email that set out that
agreement that I would like to have made a part of the record here today as
part of a motion to direct staff to work with the PSB to get the actual maps
and follow ups so that the consolidated plan can be revised accordingly to
include these provisions. Basically
what it is in a nutshell, is that in the arroyo between Helen of Troy Street,
and what’s considered Lost Dog Trail, so within the rim to rim, ridge to ridge,
the only thing that will be in there is hybrid channel, water conveyance
channel, along with, we can put a developed hike-bike trail in there, but there
won’t be any schools or other development.
And then we also dealt with a buffer zone up by the Transmountain
corridor.”
She moved to postpone the
item for three weeks, to direct staff to work with PSB to incorporate changes
in the plan, and then for staff to bring the agreement back to Council. The motion passed unanimously.
A Fine Way to Celebrate Pet Week
The following limitations on
veterinarians trying to offer pet owners one more alternative for departed pets
passed this week:
28B. An
Ordinance amending Title 20 (Zoning) of the El Paso Municipal Code, by
adding a defined use at Section 20.02.078 (Animal Crematory) and amending
Sections 20.10.040, 20.38.040, 20.40.040 & 20.42.040 (Uses Permitted By
Special Permit) to provide that such use be permitted by Special Permit in R-F,
C-2, C-3 and C-4 zoning district classifications; and by adding a defined use
at Section 20.02.258 (Crematory) and amending Sections 20.38.040, 20.40.040
& 20.42.040 (Uses Permitted By Special Permit) to provide that such use be
permitted by special permit in C-2, C-3 and C-4 zoning district classifications. The penalty is as provided in Chapter 20.68
of the City of El Paso Municipal Code.
Applicant/Representative: Planning, Research & Development Dept.,
City of El Paso, #2 Civic Center Plaza, El Paso, TX 79901 (Districts 1-8)
[Planning, Research and Development, Kimberly Forsyth, (915) 541-4631] (Attachment)
Kimberly Forsyth from the
Planning Department explained that this item was a result of Council’s
direction to limit animal crematoria through zoning and special permit
requirements in identified commercial areas.
The special permit would allow Council to approve the crematoria (within
the allowed zoning) to be determined on a case-by-case basis. The item was quickly approved unanimously.
After the vote had been
taken, Rudy Valdez from the Planning Department approached the podium and said
that Council should be aware of the fact that the City Plan Commission (CPC)
had voted unanimously to limit the crematoria to C3s and C4s, and to not allow
them in C2s. The Departmental
Coordinating Committee (DCC) and the Building and Zoning Advisory Committee
(BZAC) had recommended allowing them in C2 zoning because that’s the zoning that
permits veterinary clinics, human crematoria and funeral homes.
John Cook pointed out that
if Council took the CPC’s recommendation and left out the C2 zoning, “Most of
the places that might want to do this type of business probably would not be
able to.” Kimberly Forsyth from Planning
said that it would indeed be more difficult for them to do it—they would have
to change the zoning and then apply for a special permit.
Council reconsidered the
item and made an amendment to limit the crematoria to C3, C4 and R-F zoning,
leaving out the C2 zoning. The only no
vote on accepting the amendment came from John Cook because of the additional
hoops veterinarians would have to jump through.
Council (except for Cook),
officially made it very difficult for veterinarians in our community (who are
also small business owners) to help pet owners. Way to go, Council.
Passing Gas*
*This time it ain’t Cushing
The following item was a
special permit request:
28D. An Ordinance granting Special Permit No.
ZON05-00012, to allow for a nine-tank gasoline, diesel, and jet fuel storage
facility and pipeline transfer station on a portion of Tract 5D, Section 21,
Block 80, Township 1, Texas and Pacific Railway Company Surveys and a portion
of Tract 1, Section 28, Block 80, Township 1, Texas and Pacific Railway Company
Surveys, El Paso, El Paso County, Texas pursuant to Section 20.46.040.F of the
El Paso Municipal Code. The penalty
being as provided in Chapter 20.68 of the El Paso Municipal Code. Applicant:
SFPP, LP. (District 4)
[Planning, Research and Development, Fred Lopez, (915) 541-4925] (Attachment)
Fred Lopez with the Planning
Department explained that the listed item is a special permit request for a
fuel storage facility in the northeast off of Dyer and Railroad Drive. The land, which is owned by the PSB, is
vacant. He explained that this facility
“would allow petroleum products to come in via an existing pipeline coming in
for Fort Bliss. The products would then
be temporarily stored here on the site, pressurized, and then sent on to
markets in Tucson, Phoenix and the west coast via an existing pipeline
also.” Lopez said the Department
received one letter in opposition from an adjacent property owner.
Dave Cornman, the Director
of Permitting for Kinder Morgan (the company requesting the permit), spoke on
the item. He gave a presentation about
his company, and he explained that there are two pipelines that currently exist
in El Paso, one built in 1955 and the other in 1964, both “out of capacity
since 1999.” Cornman described all the
safety precautions they are putting in place and said safety is important to
the company, because “if we lose it [the fuel from the pipeline], we’ve gotta
pay for it. But more importantly,
certainly, it becomes a huge liability if you lose product.”
I wanted to rush the podium
and say, “No…much more importantly,
the leaked fuel could contaminate our groundwater and endanger public
health. I don’t care about the
liability you face, I care about the public safety and health of this
community!” But, then, I’m funny that
way.
The company would be adding
new pipeline in Fort Bliss and the $40 million construction project would mean
jobs. He also said purchase of the land
would be contingent on the special permit.
When Cornman was finished,
Representative Cook thanked him for meeting with the northeast El Paso
residents and for answering questions they had.
Safety Shmafety
Susan Austin raised some
concerns about the fact that staff was not aware of the fact that there have
been safety issues with this company in other parts of the country. Alan Schubert, Director of Building,
Planning & Inspections, said that City staff did not look at Kinder
Morgan’s performance outside of El Paso.
“So you’re saying just
because incidents happened elsewhere, you didn’t, they weren’t a concern to
you?” asked an incredulous Austin.
“I’m saying there’s nothing
in the municipal code that we would measure against. When you have an application in front of us, we measure that
application with regard to compliance with the code,” replied Schubert. “With regard to their safety record, I can’t
speak to whether theirs is better or worse than the other pipeline operators. But with regard to measuring their application
against the code, that’s not something that we dial into that equation as
staff.”
I’m, sorry, but that is
shocking. This is what you call due
diligence? We don’t care what your
safety record is as long as your application meets the requirements of the
municipal code? Well, if it’s not your
job to inquire, then it most certainly is Council’s, which, after all, is the
final decision maker on this special permit.
Unfortunately, the only Councilor who stepped up to the plate to raise
this extremely serious issue was Susan Austin.
Austin asked Cornman if they
would be using the 1955 and 1964 pipeline going west, and Cornman said they
were. “And I believe you’ve had a
number of incidents in the last, uh, I believe 22 months, and also you’ve had
some real concerns about your safety and maintenance performance on some of
these older pipelines that you acquired,” she added, saying, “And so that’s my
concern…and I don’t know how to analyze this when our own staff says,
basically, they didn’t look into it…I would like an engineering report if it
can cover those things, that’s what I would request.” She suggested postponing the item because she did not feel
comfortable with it. I, for one, shared
Austin’s discomfort.
Manuel Chavira, Assistant
Chief for the Fire Department, said that the company met with the Fire
Department, Engineering, and other departments to talk about the project and
meeting the municipal code. He said all
they can look at is whether or not they are meeting code locally, not at their
track record. Austin said that she
would like to direct staff to look at their track record and added, “I would
agree that perhaps this could be
permitted. The question is should it be permitted, and that’s why I
believe we still need some information.”
Cook pointed out that there
is already fuel running through the pipeline, and all that Council is being
asked is to approve the facility.
Cornman said that the
problems with leaks in other parts of the country had to do with a “third
party” digging into their pipes.
Austin asked if the volume
of fuel running through the pipeline would be increased as a result of
approving the facility, and the answer was yes, by 55,000 barrels a day. She also stated (and Cornman agreed) that the
pipeline flowing from El Paso to New Mexico would be the old one.
I did my own quick research
on the company, and these are the stories I found:
HOUSTON,
April 26 /PRNewswire-FirstCall/ -- Kinder Morgan Energy Partners, L.P. (NYSE: KMP - News) today announced that
its subsidiary, SFPP, L.P., has entered into an agreement with the Attorney
General of the State of California and the District Attorney of Solano County
to settle misdemeanor charges of the unintentional, non-negligent discharge of
diesel fuel resulting from the April 2004 rupture of its 14-inch Concord to
Sacramento pipeline and the failure to provide timely notice of a threatened
discharge to appropriate state agencies.
In addition to the charges settled by this agreement, SFPP has entered
into an agreement in principle to settle similar additional misdemeanor charges
in Los Angeles County in connection with the unintentional, non-negligent
release of approximately five gallons of diesel fuel at its Carson terminal in
Los Angeles Harbor in May of 2004. KMP disclosed in the company's first quarter
earnings news release last week that the Attorney General of the State of
California was contemplating filing charges.
http://biz.yahoo.com/prnews/050426/datu107.html?.v=1
April 26, 2005
(FAIRFIELD) - Attorney General Bill Lockyer and Solano County
District Attorney David Paulson announced that a Kinder Morgan Energy Partners
(KM) subsidiary today pled guilty to four misdemeanor counts in connection with
a KM pipeline rupture in 2004 that dumped 103,000 gallons of diesel fuel into
the Suisun Marsh.
http://communitydispatch.com/artman/publish/article_869.shtml
April 27, 2005
The complaint, filed with the state Public Service
Commission, accuses Kinder Morgan of false claims in two identical ads run in
the Casper Star-Tribune on Thursday and Friday.
The president of Kinder
Morgan Retail stands by his company's advertising, however.
April 30, 2005
Representative Cook moved to
approve the ordinance and Presi Ortega seconded the motion. Susan Austin was the only “no” vote.
I’m sorry, but this is the
kind of item that deserves much more careful consideration by City Council than
it received. When Susan Austin is the
only Councilor doing the right thing, it’s a bad moment for City Council.
Attack Dogs and Omens
The following items were the
final details needed for Bobby Bowling and EPT Land Assets to purchase large
tracts of land for development in northeast El Paso. Bob Cushing, true to form, was like an attack dog (one that was
allowed to keep its innards), ready to defend the interests of his
puppetmaster, Bobby Bowling:
23A. An Ordinance authorizing the City Manager to
sign a Special Warranty Deed conveying to Tropicana Development Inc., land
totaling approximately 117.5 acres of land out of Sections 21 & 22, Block
81, Township 1, Texas and Pacific Railway Company Surveys, El Paso, El Paso
County, Texas, located in Northeast El Paso.
(District 4) POSTPONED FROM
04/26/05 (Attachment)
23B. An Ordinance authorizing the City Manager to
sign a Special Warranty Deed conveying to Tropicana Development Inc., land totaling
approximately 120.7 acres of land out of Section 22, Block 81, Township 1,
Texas and Pacific Railway Company Surveys, El Paso, El Paso County, Texas,
located in Northeast El Paso. (District 4)
POSTPONED FROM 04/26/05 (Attachment)
23C. An Ordinance authorizing the City Manager to
sign a Special Warranty Deed conveying to EPT Land Assets, LP, Land totaling
approximately 122.2 acres of land out of Section 21, Block 81, Township 1,
Texas and Pacific Railway Company Surveys, El Paso, El Paso County, Texas,
located in Northeast El Paso. (District
4) POSTPONED FROM 04/26/05 (Attachment)
23D. An Ordinance authorizing the City Manager to
sign a Special Warranty Deed conveying to EPT Land Assets, LP, land totaling
approximately 100.5 acres of land out of Section 21, Block 81, Township 1,
Texas and Pacific Railway Company Surveys, El Paso, El Paso County, Texas,
located in Northeast El Paso. (District
4) POSTPONED FROM 04/26/05 (Attachment)
During the discussion of
this item, Cushing reminded me of Mrs. Blalock, the nanny in The Omen
(played wonderfully by acclaimed British actress Billie Whitelaw), who is sent
by Satan to protect his demon seed son.
To say Cushing is tenacious in protecting his boss Bobby Bowling is not
doing him justice. The man practically
foams at the mouth. (Maybe that’s why
he has to do all that spitting.)
Cook said he had spoken to
the developer in 23A & 23B (Bobby Bowling), and “he has no intentions of
doing any commercial or other neighborhood uses, so I asked…that that language
be stricken from the warranty deed…it’s all going to be multi-family.”
Cushing quickly interjected,
saying, “Well I guess my concern is here, Mr. Bowling isn’t here to speak on
that issue, and you know, basically, you know, I think he’s the one that’s
buyin’ the land, and I don’t really know that he has designated you to speak on
his behalf in this matter.”
That’s right Cushy, old
boy…YOU are the more appropriate Bobby Bowling PanderWagon mouthpiece, aren’t
you?
“Well, I’m not speaking on
his behalf,” responded Cook, “I’m speaking on behalf of the citizens of
District 4; they elected me.”
“In other words,” said
Cushing, “you crafted your argument that you were, you know, Mr. Bowling had
said he wasn’t going to do this, however, I don’t know that.” Still waiting for your cell phone to ring,
Mr. “They Hate Me Because I’m Independent” Cushing, so you can get permission
from your puppet master to vote on this issue?
Cushing, staunchly
supporting the interests of his boss, argued that Bobby Bowling had purchased
the property believing that he would be able to have some commercial
development on that land.
Nick Costanzo from El Paso
Water Utilities said that in fall 2004 developers came to the PSB, requesting
that the board sell land in northeast El Paso for housing to support troops and
families coming into El Paso. The PSB
identified 460 acres of land available for development, and asked the
developers to “fast track” the building of those homes for incoming Fort Bliss
troops. During the master planning, the
single-multi-family housing and neighborhood support services were in the bid
documents and were tied into the Plan for El Paso (although the Plan for El
Paso calls it “neighborhood commercial,” different from what was in the bid
document, in order to make those support services flexible).
Joe Lares from the Water
Utility said that they’ve tried to get information from Bowling on the
development but all they have received are two zoning applications (for
residential and apartment development).
George Sarmiento from
Planning said he was aware of Cook’s recommendation to limit commercial uses in
the planned neighborhoods. He said the
Plan for El Paso calls for having some light commercial in the area so that residents
can walk or bike to the areas they need to go to. He also said that he recommends having this discussion during the
zoning part of the process, which comes much later and after the property sale
has been finalized.
Cook disagreed, saying that
almost $500,000 was spent master planning the area, and the developers knew
about the plan when they bid on the land.
He added, “The most appropriate place to put restrictions on developing
the property is in the deed…no matter who passes the property on to who, it
stays with the property. Zoning can
always be changed later. But if you put
deed restrictions in it binds everybody to it from day one.”
He’s
absolutely correct.
Alexandro Lozano felt an
urgent need to speak (why, I don’t know).
“You know, you’re talkin’ about something that it’s already been
purchased. And how can you restrict
something before after [sic] it was purchased?
I don’t understand that, I mean can you do allow [sic] that? You buy something and then you wanna
restrict something?”
Huh?
“At this point they can all
back out,” responded Cook, who has become quite adept at interpreting
Lozano-speak after two years. He added,
“That’s why it’s important to do it right now.” And, of course, he’s right.
“Yeah,
right!” said Lozano.
Cushing said he was
concerned because Cook was “changing positions” at the “11th
hour.” Actually, folks, Cook has had
the same position since this first came up at Council a while back. He has been, as far as I can tell,
absolutely consistent. He’s the one who
worked with the neighborhoods, he’s the one who helped with the master plan,
and he’s the one who’s worked with the developer.
Austin said that everyone
involved knew that this property was supposed to be developed in accordance to
the master plan, and Nick Costanzo said that although the northeast master plan
has not been finalized, they are in the process of finalizing it now. Austin added, “Clearly I think the bidders
knew that we could still deal with the covenants, that it was still gonna have
to come to us, and that we wanted the covenants to reflect the master plan…you
don’t know if the same players [developers] today will be the same players
tomorrow, so we need to wrap this up.”
Cushing again said he was
“concerned.” Eager to give his boss
Bobby Bowling as free a hand as possible to ignore the master plan, Cushing did
not want to put any covenants into the sale and kept saying that the City has
already sold the property, and that the City Council could always deal with
zoning issues later. As usual, he (and
Lozano) could not have been more wrong.
That property is still owned by the City of El Paso, and the City has
every right—I would say every obligation—to enforce its will regarding how the
land is developed or be prepared to see the developer make those
decisions. For Bob Cushing—the man who
in his and his wife’s twisted fantasies is our most “independent” Council
member—letting developers call the shots is the way you run a city. No, Bob.
That is how this city has been run for decades, and the results are
clear to see. Compare the newest parts
of our city with the oldest parts, and you can see what happens when developers
are given carte blanche.
Paul Escobar said that
Council should not “lose sight” of the goal, which is to increase the tax base
and stimulate the economy. He said some
commercial development would help in that regard.
Cushing asked Conrad Conde,
one of the developer’s representatives, for his advice. Hmmm.
Wonder what that advice would be?
Conde, of course, supported commercial development for the land.
And by the way, whenever the
master plan was mentioned, Cushing (the impolite putz that he is) would mutter
loud enough to be heard, “There is no master plan!”
Vivian Rojas, who seems to
be absolutely incapable of thinking for herself, said, “I respect Mr. Ray
Gilbert’s opinion, and I wanted to ask him to speak.”
Ah, yes, when in doubt,
defer to Ray Gilbert. Gilbert came to
the podium and warned that unless there are covenants placed on the land,
Council would lose control. He said unless
Council exerts some leadership (yes, Mr. Cushing, I know, I know…that’s a
foreign idea to you) and states specifically what can and cannot be built on
that property by the developer, “this leaves this thing wide open, they can do
anything they want to do…it’s got to be in writing, it’s got to be there.” Gilbert also read from the El Paso Water
Utility resolution specifically mentioning the master plan. “For the first time in history, you all have
the opportunity to do something for El Paso,” he said.
How About A Side of Lasagna With Those Covenants?
Well, at least Gilbert was
right on target on this issue (although this Council would be doing nothing
more than vote “yes” on work done by John Cook and others). For decades, previous
developer-owned-and-operated City Councils allowed haphazard, ugly development
on the east and, to a lesser extent, the west side—offering no parks, creating
a scattering of high-level commercial enterprises, and diminishing the quality
of life for those who live in those parts of town. This is a new development, and John Cook put a lot of work into
making it a quality, well-planned neighborhood. Cushing (who solemnly took the “Bobby is my master” pledge when
elected) was trying to destroy or at least stall all that work.
Gilbert told them he had
“watched this with a fine tooth comb,” and asked them not to “play local El
Paso politics that’s been played for years.”
He’s right (although he’s speaking to the croniest of cronies who have
become quite adept at playing politics with affordable housing, city contracts,
etc.). All this Council had to do was
say “yes” to the work, effort and commitment to quality neighborhoods that Cook
had devoted to the issue.
At the height of his
speechifying, Gilbert angrily said, “Let me tell ya, this is not sold land, Mr.
Lasagna!” That’s right. Mr. Lasagna. I swear under penalty of perjury, dear reader, that he said
“Lasagna” instead of Lozano! (In case
you’re of the “trust but verify” persuasion, and have nothing better to do in
your life like your old buddy Sid, go to approximately 4 hours and 25 minutes
into the meeting on the streaming video on the City’s website and watch for
yourself. It’ll give you a good laugh,
I promise, and if you’re anything like me, you’ll play it at least five or six
times for an added bonus laugh.) But
you know what? I like it! Mr. Lasagna! Mr. Alexandro Lasagna!
Yes, I like that.
“The bid has never been
awarded, the deed has never been signed, and this land is not sold yet. And if these people want to comply…then
that’s up to them to sign it and take it, otherwise they can walk away,” added
Gilbert. Okay, let me crouch to avoid
the lightning bolt, but . . . right on, Ray Gilbert!
Lisa Elizondo agreed with
Gilbert, saying the City Attorney’s Office shares the same concerns, and John
Cook said Lisa Hayes has worked on a proposal that mirrors what he has been
asking for and working on. Okay, I
really will have to retire now. Ray
Gilbert and Lisa Elizondo being totally correct and reasonable and agreeing with
old Sid? I guess my work is done
here.
Can You Take Me To Sleepy Town!*
*Just north of Funky Town
Seeing that his dogged (pun
very much intended) effort to prevent covenants was going to fail, Cushing then
completely changed his tune. He said to
Gilbert, “I’m in total compliance with what you’ve said!” (I only wish he were also “in total
compliance” with local health and safety codes which prohibit noxious,
unregulated gases from being released inside City Council chambers). Cushing said his only concern is saying “no”
to all commercial development and
that he’s willing to compromise (which is precisely what John Cook had been
trying to get them to do during this entire discussion). I was hoping Gilbert would say, “Good! Now roll over!”
When Cook began outlining
his list of what would and would not be allowed as neighborhood support
services, Lozano interrupted him to declare the following:
“You
know, uh, Mr. Gilberts—[I couldn’t tell if Lasagna’s, I mean, Lozano’s
misstating Ray Gilbert’s name was retaliation or just his usual befuddlement],
are you, are you all thinking of having this huge neighborhood with no stores,
with no commercial support? You know,
uh, small business is the backbone of our, of our country, you know, and
everywhere I go, any neighborhood I go to in the whole United States we have
commercial support. You know, I would
hate to live in a neighborhood with just houses, that’s my personal view. You know, we need, you know, a lot, a lot of
complaints are that our tax base is so low and we expect the residents to
burden the budget. [Actually, Lasagna,
I for one don’t expect residents to burden our budget, but I will say that
paying you a salary, meager as it is, to prattle on incoherently week after
week does indeed burden our budget. And
my peace of mind.] And what about,
that’s one of our problems, we don’t have no commerce here in El Paso, no
commercial, at least we have small businesses.
And I’m surprised all this mumbo jumbo of, you know, no this and no
that, you know. What is this? You know, this is a sleepy town or
what? This has to be a progressive
city, and what I see right now, you guys are trying to do something that, ay,
let’s just build houses, nothing else, that’s crazy.”
Huh?
Folks, Wardy and Lasagna and
the rest of the crony crew keep insisting that their goal is a progressive and
mature El Paso. Sorry, gentlemen, but
when I am forced to endure, week after week, the spectacle of elected officials
dancing to the tune of major campaign contributors, the terms “progressive” and
“mature” do not spring to my mind. Did
I say dancing? I should have said
engaging in torturous gymnastics—guys, the puppet strings are plainly visible! But, then, the Wardy Crony Crew’s
definitions of “mature” and “progressive” probably differ slightly from mine.
By the way, at this point,
Wardy and Cobos had left, so Escobar (as Deputy Mayor Pro Tem) took over. He did a great job as parliamentarian, by
the way, not allowing Gilbert or other Council members free reign as Wardy and Cobos
always do. In fact, at one point in
near the end of this discussion, Cushing asked, “Can I ask a question?” and
Escobar playfully said, “No!” So
Cushing responded, “Okay, fine, I won’t ask,” and Escobar said, “Good!” and
moved on. Way to go!
Assistant City Attorney
Terry Cullen-Garney said she had spoken with the representative for 23C and D
and that the representative was okay with Cook’s restrictions. She also said that 23A and B could be put in
subject to the applicant’s approval, and if the applicant doesn’t agree, it
would come back to Council.
Austin suggested limiting
development of neighborhood support services to 5% of the acreage per
parcel. Robert Andron, legal counsel
for the Water Utility, said he supported the amendment.
The amendment (limiting the
development of neighborhood support services) passed unanimously as did the
items.
And
that, my friends, was that. The last
meeting before election day.
Whoop, there it is!
And yes, it is indeed the
simple pleasures in life that bring your buddy Sid joy. I was delighted by the great letters
published in the El Paso Times this
week. Although one of their reporters
would have us believe (through recent quotes used in articles about the local
election) that most El Pasoans don’t care about corruption, four letters
published in their Letters to the Editor section this week paint a different
picture. They were so delightfully
right on target, that I thought I’d share them with you in my column this week.
Letter: No on Wardy
Joe Wardy for four more years? He is the perfect politician, full of hot air
and "vote for me" noise. He is adept at taking credit for the efforts
of previous mayors.
All Mayor Wardy has done in his two years is show his "used-car salesman
smile" and line his pockets with contributions from his cronies. Check the
records and see just who gets the land deals and contracts.
Wardy is not in favor of a city manager, but allowed us to vote for our choice.
He now fails to support our vote.
If you want ethical and honest government by a level-headed man experienced in
local government, your choice is John Cook.
No stink of graft and a proven leader in the community
Jeanne Hendricks
Northeast El Paso
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005505040309
Here’s the second great
letter:
Wardy's war chest
Mayor Joe Wardy is silent on the matter of one of his Council members, Robert
Cushing, being charged with beating a woman so badly in 1975 that he was given
a $50,000 judgment that has never been paid.
He has been negligent on the issue of cleaning this community up from 100 years
of industrial pollution.
He has been silent on the matter of having the city controlled by a small
number of high-dollar interests.
His administration has been negligent regarding aggressive assistance for
medium and low-income housing.
However, he certainly can bellow like a bull elephant when it comes to how much
money he has (more than $350,000) from wealthy contributors in his "war
chest."
We think the citizens of El Paso deserve better than someone who brags over the
wrong accomplishments.
Alfredo Ramirez
East El Paso
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005505040304
And the third:
City pawns
How stupid do the Bowlings, Martie Jobe and Luther Jones think the rest of us
are when it comes to the money they're providing to the re-election of Mayor
Joe Wardy and four city representatives and the influence it buys?
These politicians are nothing more than grocery clerks who do the bidding of
those who pay them the most.
If they want to prove it's not true, then give back the money and we'll believe
you.
Jose Gallegos
Northeast El Paso
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005505050302
And
the fourth:
Letter: Refuse money
Recently, Mayor Wardy stated that campaign contributions from developers, large
companies and wealthy individuals does not mean he does their bidding.
Maybe, but it is perceived by the public to mean that when an issue arises
involving these people, the Mayor and any politician will give a little more
consideration than usual to those who helped them get to where they are. If
it's a non-issue, our politicians should refuse contributions from these
people.
Maybe the city should limit campaign contributions to a one-time-per-election
$1 donation from any individual or organization. I have friends willing to lend
me money, a few bucks here and there, but $50,000 is more than a few bucks.
It's almost an insult to be told that $50,000 is the same as no contribution at
all.
L. David Garcia
Lower Valley
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005505050309
These letter-writers are
great El Pasoans. They are voicing
their disgust with the cronyism and corruption that the Bowlings, the Jobes,
Luther Jones, and Wardy & Co. try
to hide and that the Times frequently
fails to report.
And here is one more great
letter by an outraged El Paso woman:
No to Cushing
I am horrified!
First, a letter writer [Jerry Jarvis] calls the disclosure of Mr. Cushing's
savage assault against a woman and the vicious disemboweling of a dog
"character assassination." This trivializes every woman who has ever
been beaten and I can assure you the memories are life-lasting. It legitimizes
animal cruelty. It made me nauseous.
Now there is another letter extolling this man's "virtues." People do
make mistakes and rise above, I believe. But this person has never admitted his
mistakes. He has never apologized. He has not learned. He has not risen above
and I hope the voters in his district are similarly outraged.
Elizabeth Leal
East El Paso
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005505060332
They
give me hope, my friends.
Oh, Behave!
One of my loyal readers
(gotta love those loyal readers!) emailed me the following link:
http://www.newspapertree.com/openrecords/cobos_complaint.pdf
What I saw was a memo from
City Manager Joyce Wilson to Anthony Cobos.
In her memo she warned him about concerns expressed by a female
secretary in the Planning Department, and those concerns, writes Wilson, “could
potentially create conflicts for you or at a minimum be embarrassing.”
I
was intrigued!
As I read on, I found a memo
from George Sarmiento about his interview with the secretary, who was asking,
basically, for Cobos to leave her alone.
Apparently, over the last two years, he has been sending her
“inoffensive” general greetings that made her “uncomfortable.”
The next document was an
email from Wilson to Cobos’s home and City Hall email addresses urging him to
take heed of her previous memo. In that
email, Wilson says that the secretary is concerned about the fact that his
emails (which seem to me to constitute low-level harassment) are coming “after
she sends out City Plan Commission materials.”
Also in this email (dated 3.11.05), she asks him to support the items on
the agenda that would “delegate authority to CM [city manager] for routine
matters.” She adds, “We need to start
demonstrating a real transition in the government here and this is a good chance
to do so.”
So here’s a multiple choice
question for you: The documents are
evidence of (a) low-level and buffoonish sexual harassment by Anthony Cobos;
(b) an attempt at exerting low-level influence on a City Plan Commission
secretary by Anthony Cobos; (c) a City Manager asking to be allowed to do her
job; (d) all of the above.
Ding,
ding, ding, ding, ding! Yes, you’re
right! The answer is d: all of the
above!
’Twas the night before election day
My friends, the time has
truly come. Tomorrow is election day,
the day of reckoning, and I don’t think I’ll be able to sleep a wink (I feel
like a kid at Christmas!).
On Monday, I’ll be releasing
a post-election report, but I hope that at this time tomorrow, we’re
collectively toasting to a new day in our community – a crony-free dawn.
Let’s
make it happen!
The
drumroll continues…
Comments or questions: shmaven@yahoo.com
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