5.24.2005

 

This week, Cobos has a tender Jackson Five moment, attack dogs get to work, Joe Wardy trades “happy talk” for dirty talk, and we give out the Letter of the Year Award!

 

These are long, long notes, and I go into excruciating detail about exchanges that occurred during the discussions, but I do it so my readers can fully understand what’s going on at City Hall.  Prepare yourself for record-breaking length in this week’s notes.

 

So get comfortable, grab yourself a drink and read on!

 

Never Can Say Goodbye . . . .  No, No, No, No I . . . I Never Can Say Goodbye

In the minutes before the meeting began, as everyone was milling around, Wardy came into Council chambers and sat in his chair.  Then, complaining to John Cook that his seat had been readjusted, he observed, “Man, these are high!” 

 

I think I can guess what happened.

 

I’ll bet Anthony Cobos snuck in to Council Chambers to say goodbye to the big chair.  Knowing he’d never sit in the mayor’s seat again (and never be mayor pro tem again), I can imagine he sat there, his legs dangling, holding his own make-believe Council meeting where he was acting mayor for the very last time.   (Of course, he’d have to have sat on a phone book or raised the seat so that little head could come up above the desk.)  

 

It must have been a bitter-sweet (actually, mostly bitter) moment…no more opportunities for graft, no more opportunities to bully the City Manager with his friend Cushy, and no more big, fat campaign contributions.  I wonder if he played sappy “goodbye” songs on his boom box while he said his tender goodbye to the big chair.

 

Poor Tony…NOT!

 

Big Brother

This week, Esther Perez, a thoughtful northeast community activist, placed the following item on the public portion of the agenda:

 

2.   The environment and neighborhood parks.  [Esther Perez]

 

The most interesting part of her presentation came at the end of the discussion.  Before she closed the discussion on her item, Esther Perez said, “Something else has come up that bothers me.  Being questioned bothers me.  Once before, when I was supposed to come before the City Council, I got a call from the legal department wanting to know what I was going to talk about…I don’t want the legal staff to screen what I’m going to say.  That borders on intimidation for me.  Last night, again I got a call from legal.  They wanted to know what I was going to say before Council, and of course I refused to tell them.”

 

Elizondo said the calls were “not unusual for the public items,” and they do it so they can be prepared for the discussion.

 

“I have been coming before Council since Mayor Ramirez was in office, and this had never happened before.  I always approach Council with respect, and I would never say anything that wouldn’t be the right thing to say.  I know what my rights are, I am nothing but a little old lady, and nobody has to fear what I have to say.”

 

What a dignified, intelligent woman she is.  People like her and Lisa Turner and others make me proud to be an El Pasoan.

 

While it may be admirable that Lisa Elizondo wants to be prepared for the public’s inquiries, I have to believe pre-Council calls wouldn’t be necessary if we had an experienced City Attorney on staff who knew municipal law.  Unfortunately, what we have instead is a lawyer with an obscenely bloated salary who frequently cannot answer basic questions relating to municipal law.  In fact, Elizondo’s a perfect metaphor for the Wardy administration:  When you look beneath the surface of the shiny exterior and smiling face, there is absolute incompetence and self-interest.  And it’s very sad that one of our most vital offices is run by an individual who couldn’t make it in the private sector, but who is rewarded with our tax dollars in the public sector.

 

Council took no action on Ms. Perez’s issue about the phone calls.

 

Have You Ever Been Mellow?

The following item was back, this time, with a different lawyer (not the District Attorney) standing at the podium:

 

3. Discussion and action: Confiscated video game machines, cash, employee time cards, computer hard drives, merchandise, receipts and other documents. (Attachment) [Thurman Reynolds]

 

Once the item was read into the record, Wardy warned that Council had already discussed this issue in depth before, and although he would allow for public comment, he would not allow Council to rehash everything.

 

None other than Theresa Caballero appeared at the podium, on behalf of the game room owners. 

 

And yes, she rehashed everything.

 

This week, she was almost demure as she made her demands.  “I want you to tell them [the El Paso Police Department] to cease and desist and I would like this item sent to a legislative committee that has the authority to review this,” she demanded, adding, “Set up a set of rules that they [the police] will follow.”

 

Wardy asked Elizondo to respond.  Elizondo asked Caballero for a copy of the rules Caballero said she had and said a Legislative Review Committee (LRC) meeting would not be appropriate because the LRC is for purely legislative functions.

 

Chief Pander Boy Wardy said he didn’t think it would hurt to have the LRC review the matter, and Elizondo reminded him again it would not be appropriate.  So Wardy also asked Caballero for the rules, and Caballero said she wanted the elected officials, not the City Attorney, to review the rules, to “take control of the situation.”

 

Dr. Jekyll and Ms. Hyde

I must say, I almost didn’t recognize Caballero.  Her clothing was less flamboyant, gone was the absurdly large jewelry, and she was much calmer; in fact, she was almost downright serene.  It was fascinating…it was like she was another person or had a second personality. 

 

Despite the City Attorney’s very clear legal opinion that the LRC would not be the appropriate vehicle, Cobos made a motion to send the issue of video game machines to . . . the LRC.  Lozano quickly seconded the motion.  (Why on earth do we need lawyers, with these guys around?  They routinely go against the legal advice given.)

 

Paul Escobar, a lawyer and former assistant District Attorney, said Council was treading “dangerous waters,” as gaming machines are legislated by the state.  He suggested she and her clients go to the state for relief.  Caballero called that “absurd,” and said it is the police department that’s the problem. 

 

Chucky Cheese for Grownups

Then Lasagna had to put in his two cents.  “Mayor, you know, I hear Mr. Escobar saying ‘gaming.’  These are toys, this is just the machines, they’re playing, they’re not gambling.  It’s like Chucky Cheese, and, and, and Peter Pider [sic].  They’re just little toys that people, these are for grown ups, not for children.  And, you know, uh, this is so absurd that, you know, we’re, we’re debating on, on, on equipment.  And, you know, last week, you know, Escobar, uh, uh, uh, District Attorney Esparza, right, said that some were legal.  And I’m asking Esparza, return those legal ones to the owners.  If they’re legal, why are they confiscated?  I mean the illegal ones, I don’t what they’re legals or illegals.  But he himself said here last week that some were legal, so why are they taking it, and I want the City Attorneys, Ms. Elizondo, you were here, he said that some were legal machines, so why are we confiscating legal machines?”

 

Lozano’s garbled summary of Esparza’s statements was not only painful to listen to, it was completely inaccurate.  Surprisingly, Lisa Elizondo worked up the energy to correct the record, saying that she remembered Esparza’s comments differently.  She correctly observed that Esparza wouldn’t comment on the confiscated machines because, he said, it was up to a judge to decide if they were confiscated inappropriately.

 

“Okay, thank you, that’s why I have a second on Mr. Cobos,” replied Lozano in a complete non sequitur.

 

Cushing, who frequently coordinates Council appearances with Theresa Caballero in order to do her bidding said, “Yes, I believe when this was brought up…I’d asked Ms. Elizondo to look into, there was one other city that I’d mentioned that had passed a municipal ordinance basically for the purpose of codifying fact or fiction, and have we done any research on that?”  He then explained to Caballero that he had asked legal to look at an ordinance in that other city that clarified the gaming issue and then asked her if that was what she was asking for.

 

“That’s exactly what’s in order,” said Caballero.

 

One of the assistant City Attorneys (he didn’t state his name for the record) said that he reviewed the City of Kingsville ordinance, didn’t see any problem with it, but reminded Council that the City cannot preempt state law.

 

Cushing asked if he would get together with Caballero and her clients, so that “we’re not living in a grey area,” and the assistant city attorney again said, “so long as we do not make any attempt to further define gambling devices because those are already codified by state law and any attempt by the City to circumvent the state’s definition would be an illegal preemption of the law.”

 

Caballero called the proposal “exactly what the doctor ordered.”   What a surprise.

 

She then said she hoped she hadn’t worn out her welcome (that happened a long time ago, Ms. Caballero), and said she wanted a vote and said that she could put the “kaybash” on the criminal case.

 

Richard Wiles said that the PD never gave Caballero’s clients legal advice only to then go in and close them down.  Caballero strenuously disagreed.

 

Wiles said that there is a difference between games of chance (eight liners) versus games of skill.  Games of skill are what Chucky Cheese and Peter Piper (not “Pider,” Mr. Lasagna) feature.  For example, you can spend hours of fun throwing a ball through a hoop. 

 

Once the discussion on what Wardy said he would not allow to be rehashed was in fact rehashed—30 minutes worth—Wardy proudly announced, “We’re makin’ progress this morning, ladies and gentlemen!”

 

Good Lord.  If this is progress, we’re in for a slow road to the 21st century with Wardy at the helm.

 

The motion to send the entire issue to a City Attorney’s Office Legislative Review Committee meeting and to look into an ordinance similar to that in the City of Kingsville’s passed unanimously.

 

Reconsideration of Minutes?

I haven’t had a chance to inquire about why the minutes for April 5 and 26 had to be “reconsidered”:

 

4.  APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for Regular City Council Meeting of May 17, 2005; and Special City Council Meeting of May 15, 2005 (Resolutions canvassing the 2005 General Election votes and calling runoff election).

(Attachment) Minutes for Regular City Council Meeting of May 17, 2005

(Attachment) Special City Council Meeting of May 15, 2005

Reconsideration of Approval of Minutes for Regular City Council Meetings of April 5, 2005 and April 26, 2005.

(Attachment) Minutes for Regular City Council Meetings of April 5, 2005

(Attachment) Minutes for Regular City Council Meetings of April 26, 2005

 

Once I do, I’ll you know.

 

Special Interest Loyalty…to the end!

Robert Cushing placed the following item on the agenda in an effort to get our taxpayer dollars out of the City coffers and into the pockets of one his contributors:

 

14A. Discussion and action to instruct the City Manager to either: 1) make full and complete payment of outstanding invoices for services performed for the City of El Paso by a legitimate vendor, or, in the alternative, 2) provide complete and unambiguous written response to the vendor setting out the alleged reason/s for the non-payment of the invoices. Absent immediate and proper remedial action/s in this area on the part of the City Manager, the City could be subjected to undue and unnecessary public criticism. (Attachment) [Representative Robert A. Cushing, Jr., (915) 541-4996]

 

Cushing said he had been contacted by the vendor, Viva Environmental, which is owned by Peter Felix, a Cushing and Wardy & Co. campaign contributor, regarding their “outstanding invoices,” which Cushing stated had been sent to the City Manager’s Office and which he claimed had never been responded to.  He said it was critical to pay vendors who send invoices to the City.

 

City Manager Joyce Wilson Wilson responded,

 

“First and foremost there were no invoices sent by this vendor to the City Manager’s office, so I want to correct the record in that respect.  Secondly, I did meet with several staff including two agencies who are involved in disputed billing.  All legitimate billing that is not in dispute has been paid to this firm.  There are two situations where there are invoices outstanding, but they are in dispute.  One dates back to services provided that goes back to the year 2000.  The last formal communication on that based on our records was from the City Attorney’s office in 2003 where we notified them to contact that office if the negotiated settlement had not been resolved.  To my knowledge, there’s been no formal communication on that invoice as of that date.  The second one that is under dispute currently is with the Solid Waste Department for services provided under an open purchase order.  The most recent billing, and there’s been conversations on this, I understand, going back as far as January through April, the most recent billing exceeded the purchase order and the director of the department has asked for specifics relative to the reason for the overage and details about the services, and to my knowledge and to our knowledge at this point, that has not been provided and so while there may be invoices owed, they’re invoices that we are in dispute with, so we would not arbitrarily not pay something that was a legitimate expense.”

 

She added that this dispute has not gone through a claim process.  Cushing, who refused to look at Wilson during her response to his inquiry, instructed her to put what she just said in writing (hey, Ms. Wilson, just cut and paste from my notes) and submit it to the vendor.

 

Council supported Cushing’s motion.

 

Jorge Artelejo, a local ankle biter, said he thought it was “terrible” that the City hadn’t paid a vendor who had invoiced the City.  Since Mr. Artelejo rarely has enough background knowledge of issues to know what he’s talking about, he was just talking out of his arse as usual.  Cushing, however, had very definite ulterior motives.  The upshot of both their arguments, though, was the same:  The City should irresponsibly pay a vendor when legitimate disputes exist regarding the appropriateness of those payments.  And Bob Cushing had the gall to campaign as the “fiscally responsible” City Council candidate.  Yet another bad joke from the Cushmeister.   

 

Another Opportunity to Bully the City Manager

Because Bob “The Bully Boy” Cushing is just so good at bullying professional staff, particularly female staff, he simply couldn’t resist an opportunity to bully the most professional member of the City Staff, the City Manager, by means of the following item:

 

14B. Discussion and action to direct the proper distribution of monies commonly referred to as "Palo Verde Rewards", in an amount of $5.8 million dollars, and to evaluate the utilization of the Housing Authority of the City of El Paso (HACEP) as a source for distribution of a part of said funds, not to exceed 50%, since the HACEP serves as the most prominent and distinct institution, with the necessary existing resources and infrastructure, to execute part of these funds, not to exceed 50% to the intended benefit of ". . . low income customers of El Paso Electric Company . . .", absent the current existence of the intended recipient for such funds or any existing successor entity.

         

To additionally direct the proper distribution any remaining monies, to assist small business and commercial customers for demand side management programs, consistent with the intent of the agreement for said monetary distribution, and to prohibit the utilization of any such remaining monies for any public or quasi-public projects.

         

Any distributions as set forth would be subject to the direction and approval of the Mayor and City Council.  [Representative Robert A. Cushing, Jr., (915) 541-4996]

 

Because the issue in Cushy’s item was the same as the following issue, the two items were taken together:

 

15.  COMPTROLLER:  [Comptroller, Carmen Arrieta-Candelaria, (915) 541-4435] (Attachment) Discussion and action on a resolution to authorize the City Manager  to accept approximately $5.8 million in Palo Verde Rewards from the El Paso Electric Company, determine how the Palo Verde Rewards will be used, and establish any requisite criteria for directing the use and accounting of  the  Palo Verde Rewards. POSTPONED FROM 05/17/05 AND 05/10/05

 

Before I get into the details of the lengthy, offensive, and absurdly long discussion of this item, let me give a brief synopsis of the issue for my readers.

 

In 1998 El Paso Electric (EPE) Company had a fuel reconciliation case and announced it would reduce its rates in Texas to match those in New Mexico.  Part of the money has already been allocated to some local groups.  However, the City has complete discretion over how part of the money will be used.  This issue, which has been ongoing since 1999, went through three different administrations (Ramirez, Caballero and Wardy), and City and El Paso Electric staff who worked on it in the administrations before Wardy’s determined that 40% of the money would go to assist moderate income residents with weatherization (i.e. to put in furnaces, air conditioners, new windows, etc. in the homes of these residents who cannot afford it).  The remaining 60% of the money could go to assist commercial rate payers (and the City of El Paso is a commercial rate payer) including commercial or small businesses, with upgrades to their weatherization systems.

 

Although this is an issue with quite a bit of history, City staff cannot provide a detailed historical perspective on the issue.  For this, we can give thanks to Joe “the Axe Man” Wardy for forcing out every Assistant City Attorney with any significant tenure, as well as  the former City Attorney (who is suing him for discrimination) and the former Chief Financial Officer.  As a result, there are no attorneys in the City Attorney’s Office who were around in 1999 when the negotiations between El Paso Electric and all the stakeholders took place and therefore no institutional memory of the genesis of this issue.  The one key employee who had worked through the three administrations and with all parties involved on a final recommendation was former Chief Financial Officer Bill Chapman, whom Cushing and Wardy & Co. ran out of town on a rail because Theresa Caballero instructed them to do so.  Current City staff (including City Manager Joyce Wilson) have had to try to reconstruct the issue based on existing documents and a final email from the long-gone Chapman. 

 

Now, the other figures who bear significant blame for this state of affairs are our illustrious City Attorney Lisa “My Assistants Have Forgotten More Municipal Law Than I Ever Knew” Elizondo and the majority of City Council.  Together with the support of everyone on this Council except for John Cook, Wardy and Elizondo fired or drove out experienced staff members who had decades of municipal institutional knowledge.  And so you can imagine, my dear reader, as I was documenting the complaints (which you will soon read about) coming from this Council about not having enough information, I had to restrain myself from running to the podium and yelling into the microphone, “That’s because you drove everyone away!”

 

Anyhow, after having researched the history and recommendations that were already in place, the current staff was ready to issue the past and present recommendation to City Council.  The 40% that is going to moderate-income residents could be distributed by Project Bravo, a local non-profit that does this work already.  The remaining 60%, which can go to commercial rate payers, can be best utilized by giving it to the City to upgrade the weatherization of City facilities used by our citizens.

 

Now, what typically happens with issues like these is that staff makes a presentation on the issue, makes a recommendation, and Council approves, modifies or rejects the recommendation.  Not this time.  What Cushing and Cobos did was orchestrate a major offensive against the City Manager, an extremely professional individual who is doing a great job for this community.  This offensive was part of their overarching strategy to assist Wardy in denying her as much control over City operations as possible.  Seeing these guys in action on this issue drove home yet again how pernicious, corrupt, and destructive Wardy & Co. are.

 

Background explanation complete, it’s time to move back to the meeting.

 

The Cross-Examination

Representative Cook wanted to know why this “lame duck” Council should be making decisions regarding accepting and distributing this very significant amount of money.  Cushing, who has no respect for others, simply ignored Cook’s query and, before one of the Assistant City Attorney’s could respond, he launched into the discussion of the items.

 

The Assistant City Attorney, who was standing at the podium, ready to address City Representative John Cook’s question, never had the opportunity to answer the question.  Wardy, who vacillates between being useless and manipulative in his role as parliamentarian, never stepped in to stop Cushing’s hijacking of the issue.  He also didn’t step in to allow staff to make their presentation.

 

So Cushing had the floor and said that when this issue first came up two weeks ago, he said the backup was “unclear.”  (As a reminder, Cushing postponed this item twice before.)  Reading from a document he said, “The City will use 60% of the rewards that fall within the definition of demand side management, and the remaining 40% will be set aside for El Paso Community Action Project Bravo.”  On May 11th, he said he asked about “where this all came from,” and complained that Council was not given all the backup it needed. 

 

Dismissing three years of negotiations between El Paso Electric, the City and local organizations, Cushing claimed that “there is no definite direction to put this money toward Project Bravo,” and claimed that “a lot” of money would go to Project Bravo’s administrative costs.  He also claimed that approval of item 15 (above) would mean the City Manager would be allowed to make the policy decision about how the money would be spent, and then the King of the Inappropriate said, “and I think that’s totally inappropriate.”

 

He said that although he didn’t know if the Housing Authority of the City of El Paso (HACEP) is the entity that should ultimately get the money, he took the liberty of contacting them to offer them a shot at that money.  It is no coincidence, my friends, that the head of the HACEP board is none other than David Escobar, one of Luther Jones’ sandbox playmates and the individual whom Joe Wardy appointed and to whom Wardy gives regular obeisance.

 

Cushing asked Carmen Arrieta, the City Comptroller, to answer some questions.  When she was done, he smiled the yuckiest, grossest smile I’ve ever seen on a dog disembowler and said, “I’ve always found you to be very charming and candid with me”—it was all I could do to avoid retching at this point—and asked her if she was directed by someone to “run this [item] before Council.”

 

Arrieta said that she had a presentation for Council that would answer all of Cushing’s questions, and she had a representative of El Paso Electric there with her as well. 

 

Send in the Clown

“Before we do that,” interrupted Cobos, “Representative Cushing asked you an extremely important question.  One that I was just thinking.”  Uh-huh.  Whatever, Tony. 

 

I’ve often wondered, as I’ve observed these two crooked pols these many Council meetings, whether these guys really believe they’re fooling anyone.  They hatch their little plots together and then they act as if their coordinated efforts are completely coincidental.  The only other explanation is that corrupt and evil minds do think alike.  Either way, it is a blessing of incalculable magnitude that these two slimeballs will soon be out of power.  Anyway, Cobos continued his cross-examination of Arrieta by disingenuously asking, “Who directed you to put this on?  Because as I look at item 15, the sponsor of this agenda item is not on there.” 

 

What?  As I flipped back to the agenda item, the sponsor of the agenda item was clearly listed.  It can be seen at the very beginning of the item, and the author listed was Carmen Arrieta.

 

“I authored that,” said Arrieta.

 

“And who directed you to do that?” asked Cobos.

 

“Mr. Studer [Deputy City Manager for Financial Services],” she said.

 

Then Cobos called up William Studer and said, “This is very, very critical because when I see an item with no author, with no one sponsoring it, um, it just draws a red flag on me.  [Really, Tony?  For me, it draws big fat letters spelling “LYING CORRUPT SLIMEBALL” on you.]  Mr. Studer, who directed you to draft the language and place this item on the agenda?  Was it the City Manager?” asked Cobos

 

“No, nobody directed me to put it on the agenda,” replied Studer.  “This is an item that was left by my predecessor.  I asked Ms. Arrieta to put it on the agenda, and I think the earlier versions had her name by it if I’m not mistaken, on a previous agenda.”  Yes, they did.  So did this version.

 

Cobos continued his cross-examination of the City staff, but he didn’t allow them to make their presentation.  They answered his questions, and Cobos all but admitted that his only concern was trying to nail the City Manager when he said, “I’m just trying to find out who ultimately drafted this language, where the buck stops, and who put this on and why it was drafted in the way that it was.”  Anyone with at least half a brain (sorry, that leaves you out, Lasagna) could see what Cobos and Cushing were driving at.

 

Joyce Wilson knew what they were driving at and she decided to cut to the chase and end the Cushing/Cobos game.  “If I could interject, please,” said Joyce Wilson adding, “I ultimately authorized that this be put on the agenda for the Mayor and City Council.  This is an item that was outstanding before I was appointed City Manager.  It was part of a rate settlement, a utility case, which there were decisions made that the community would benefit from the performance of the Palo Verde Nuclear Waste Plant if it performed above a certain level.  The amounts that were brought forward were based as a part of a negotiation in which there were interveners, of which the City was a part of the intervener.  And our attorney, Mr. Gordon, who was on board before I got here was a part of those discussions.  We’re bringing forward to you a staff recommendation based on something that has a long-standing history that supercedes many of us in this room.  So it’s not that we were trying to do anything to circumvent Council’s authority to make the final decision on this.  In fact, before we brought this forward to the Mayor and City Council, we sent you a staff report letting you know that this process had concluded, that we did have a recommendation, and we were bringing that forward to you, that was a consensus recommendation of a number of stake holders and official parties to this process beyond the City.  Now certainly, if the Mayor and City Council aren’t satisfied with the recommendation in terms of how we’re proposing it, you can direct us to do something different.”

 

Fighting to Keep Control

Wardy said that Council was concerned because based on the language, it appeared that she had the discretion on how to spend the funds.  It’s no secret inside City Hall, my friends, that Wardy has done his best to sabotage Wilson’s efforts to manage the administration.  He is not pleased that Ms. Wilson is the person the City employees answer to.

 

Arrieta explained that because some of the money would go to the City and to City Capital Improvement Projects, the final decision and approval would be Council’s.  She explained that the other part of the money would go back into the community, and El Paso Electric and the parties who worked on the agreement had identified an agency that the other part of the money should go to.  She said that ultimately, it was up to Council, and the staff would work on whatever proposal they decided on.

 

Cobos asked Diana Nuñez, who was sitting in for the Municipal Clerk Richarda Momsen, to re-read the item into the record.  Before she did, Nuñez pointed out to Cobos where the author of item 15 was listed (as I stated, it was at the beginning of the item).  Cobos responded, “Oh, okay.”  So the red flag on you disappeared and was replaced by the skull and cross-bones maybe?  Or maybe it was a big letter L for loser!

 

Cobos said that he was concerned that the item didn’t identify how the money would be spent.  Joyce Wilson responded, “Because we haven’t appropriated it yet.”

 

For a second time, Cobos was asked to allow the presentation to go forward.  Only this time it was the City Manager who was asking him, saying it would “be very useful” for the public and Council to hear about the history from Arrieta and how the City got to this point.

 

Cobos was not nearly ready to hear the presentation; he hadn’t finished his attack.  So, ignoring her request completely, he said that if Council were to approve the item right then, it would be writing a “blank check” to Wilson.

 

“That is not correct, Representative Cobos,” replied Wilson, who seemed to be doing her best to maintain her composure and keep her understandable anger and disgust with these putzes in check. 

 

Cobos complained that she would have ultimate authority on how that money would be spent, and she said, again, “I don’t believe that’s correct.”

 

Cushing complained that the backup stated that some of the money would go to City projects and the rest would go to Project Bravo, without City Council oversight.  He said what was “most troubling” to him was that there was language in the agreement that stated some of the money would also go to small business and commercial customers, which was not what was being proposed at that time.

 

Representative John Cook said he wanted to look at the presentation, and he remembered the “detailed, open process” that included collaboration between the several entities in 1999.  Cook also asked if budget transfers (which would be required in order to allocate the money to any projects) would have to come before Council and Wilson said they would.

 

In an effort to show that Wilson wanted secret control over the money, Cobos countered by asking Studer if the money had been included in the last budget, and Studer said it was not.  Then Cobos asked Elizondo if the budget transfers on this money (which was not included in the budget) would come to Council, and Elizondo, in typical fashion, stumbled around for an answer but eventually said, “No.”  She did say that Council could modify the language in the resolution to make sure that the budget transfers would come before them.  But she added, “I’m not sure if Ms. Wilson was aware of that.” 

Now, I don’t know if her “no” was an accurate response, and because we have an incompetent City Attorney who doesn’t know very much about anything having to do with anything (particularly the law), I don’t know if she even understood the issue at hand.

 

What Wilson and Arrieta tried to explain (as I understood them) was that 60% of the El Paso Electric money was being recommended to be used on future Capital Improvement Projects that had to do with electrical/weatherization issues.  Once the Capital Improvement Projects are approved (and that process involves neighborhood groups, Council and City staff), then the money would be appropriated and the City Manager (in her capacity as the manager) would ensure the money would get transferred to approved projects.

 

The Buck Stops . . . Well, Anywhere But Here

Cushing then asked why the legal department “overlooked” the fact that the budget transfers would not have to go to Council.

 

Elizondo—chief legal officer for the City—said she didn’t know why, and let herself off the hook by saying that she didn’t prepare the legal document Cushing referred to.

 

This woman is unbelievable, my friends.  Her sheer incompetence and her refusal to take responsibility for her conduct and that of her department—all of this is an affront to this columnist.  The answer that I believe she should have given Cushing, based on my own limited understanding of all this, is that the budget transfers would not happen in this budget cycle.  The Capital Improvement Projects would first have to be identified and that wouldn’t be finalized until 2006.  Then, once Council decided what projects to fund, the money would be appropriated by the City Manager.  Instead of explaining all this, Elizondo simply passed the buck.

 

Cushing, legal eagle in his own mind, complained, “It seems to me that a first-year law student would’ve caught that type of glaring error.”  You may be right; but instead of a first-year law student, we’ve got Lisa E.  And, need I point out that she’s your minion, Bob?

 

Elizondo said it was not “an error,” as she takes her direction from staff and Council.  Elizondo should have just hidden under the desk or said she had to go to her manicure appointment.  It would’ve looked just as bad.

 

Carmen Arrieta again tried to give her presentation and explained that the money would be used for approved Capital Improvement Projects.  She went to a slide on her as yet unseen presentation and said that it showed that the funds would be administered through the Building and Planning Services department—the department that handles Capital Improvement Plan (CIP) projects.

 

Wardy asked Arrieta if she already had the CIP projects designated; she said no—again.   She explained that the money would be set aside as funds for the CIP projects going forward (which would come back to Council) and the funds wouldn’t be allocated until the projects are determined; she also said that the resolution could be amended to specifically state that.

 

When Annoying Small Attack Cronies Attack

Cobos then said, “I’m just concerned that it was represented this morning that we do have oversight…when in fact the language does not support that…and Ms. Wilson, I hate to say it, but you didn’t have a clear understanding of the language…and I’m just concerned that it was posted the way it was, incorrectly.”

 

“I take exception to that, Mr. Cobos,” responded Wilson.  “This is a utility settlement that has been going on as part of multi-year issues that superceded me and people on this Council.  We inherited this, we moved forward in good faith with the process, and any inference that we are trying to delude Council or do something covert with monies without Council approval is not correct…clearly we do not have projects identified for this, we don’t have a capital improvement program ready for FY 2006.  Council approves the program and then we allocate the money.  This is nothing more than a new source of funds, part of a resolution and we’re bringing the recommendation of how to distribute those funds to the Mayor and Council now.  Unfortunately, we’ve not been given the benefit of making a presentation on how we got to this part to Mayor and Council.  This item was continued twice, we offered to meet with Representative Cushing on several occasions including other parties besides City staff, we provided backup per his request.  We’ve not been given any opportunity to do any kind of overview of how we got to this point.  In fairness with those who’ve been involved with that we need to do that.  Then you can decide if it was a good recommendation.”

 

Good for her!  What I particularly like about this City Manager, my friends, is that she doesn’t let these guys push her around.  This is one woman whom Cushing and Cobos can’t bully into submission.  I’m sure that just sticks in their ugly craws.

 

Austin said she wanted to know how an agreement that set aside 50% allocations to the two sides became a 40/60 allocation, and she also wanted to know how the City ended up with some of the money, too.  I wanted to rush the podium and say, “Well, Ms. Austin, if you’d just allow staff to make their presentation, maybe your questions would be answered!”  Instead of asking the Mayor to allow staff to do this, she simply joined the Bully Bash.  She cannot be gone soon enough, as far as I’m concerned.  Go Ann Lilly!

 

Cushing agreed and said what was “troubling” was that “when it was posted, we were given what we’re gonna do and that was a policy decision…we were given a thing that said there’s $5.8 million…and this is a huge amount of money, and…I am aware that you wanted to speak to me, but what I wanted was a paper trail on this,” and shot her a look that was as hate filled as it gets.

 

My friends, this crew is made up of either bumbling fools or scheming jerks (or both).  They loved claiming that they helped create a City Manager form of government, but when it comes to allowing the City Manager to manage projects, i.e., to do her job, the one we hired her to do, they become paranoid and destructive.  Their insinuation that Wilson wanted to take over this money and determine for herself where it would be spent was as absurd as it was offensive.

 

Finally…the presentation

Having totally relinquished control over the meeting to his fellow cronies/attack dogs, Wardy finally allowed Carmen Arrieta to give her presentation and gave a timeline of events.  She said that in June 1999, the Texas Public Utility Commission (PUC) issued a final order to reconcile fuel related revenues and expenses, including performance awards.  The PUC ordered, in the settlement of the Palo Verde case, that 50% of the Palo Verde awards would be given to customers in two initiatives:  one half would go to Project Care and the other half would go to programs on demand-side management weatherization for small business and commercial customers. 

 

Arrieta explained that the agreement was modified in 2001, when El Paso Electric entered into a Low Income Services Agreement with two consumer “interveners,” (one of which was called Texas ROSE…Ratepayers Organization to Save Energy) which were represented by the Texas Legal Service Center (TLSC); El Paso Electric agreed to work with the City and the parties involved in establishing programs that would benefit moderate income households.  At that point, the number went from 50/50 to 40/60, with Project Bravo identified as the group that would receive the 40%.

 

According to Arrieta, in January 2005 collaborative efforts with EPE, Texas ROSE, TLSC and Project Bravo began.  Bill Chapman, the City’s former CFO, had left information about all of this with Studer, who instructed her to work on the issue and present it to Council.  She said she has worked since February coordinating the proposal from Project Bravo and prepared resolution for acceptance of funds. 

 

Arrieta said that she worked with staff regarding the recommendations, they concluded that demand side management activities as defined by the PUC included “those activities that affect that magnitude of the timing of customer electrical usage,” and she said, “This could be energy efficiency retrofits, HVAC Chiller, lighting controls, traffic signals, convergence, those types…so the definition was very broad and there was no precedent set by the PUC…it was basically open-ended,” and she said that after conferring with staff, they were in agreement that the funds could be used for the Capital Improvement Program under those parameters.

 

Wardy asked how the agreement went from being used for small business to being used on City projects.  Arrieta said that this happened in 1999 when Mayor Ramirez acted as an “intervener,” and she had a letter from El Paso Electric stating that the agreement was ultimately “open ended,” so the City could indeed use the funds in the way staff had recommended. 

 

Cushing and Wardy wanted to know how the City of El Paso became a small business or commercial customer;  I guess they weren’t paying attention to her presentation.  She repeated herself and said that it’s ultimately because “the funds were given to the City to direct.” 

 

At one point Wardy said, “We’re not trying to barbecue you, Carmen.”  No, Joe, you’re right.  That was a rare, true statement.  The person you and your attack dogs were trying to “barbecue” is the person whose professionalism and ethics you are most threatened by:  Our City Manager.

 

Norman Gordon, the City’s outside bond counsel, came to the podium and said that in 1998 EPE had a fuel reconciliation case and announced it would reduce rates to match NM.  He said that the City has the ability and authority to determine how that money will get spent.  He also explained that since 1995 new City installations have been on one of the commercial rates (there’s a City-County rate that was frozen).  He also said that the language in the 2001 agreement has always been interpreted by El Paso Electric to allow City Council to determine how the money will be spent.

 

Gordon had to repeat himself a few times because the simple-minded Wardy just couldn’t grasp what he was saying.

 

Gordon explained that one way to look at it is to say that the City is on the commercial rates, but that this is ultimately a policy decision for Council to make, adding “I believe Council has that discretion.”

 

Wardy said he wanted Lisa Elizondo (who looked like a deer caught in headlights) to research past Council’s decisions on this issue.

 

Wardy wanted some history on the legal work, and, naturally, no one was around to answer that question.

 

“I don’t know, I got a call this morning,” said Gordon, referring to the fact that he hadn’t been notified about this issue until that morning.  (Gordon also later said he hadn’t seen some documents before that morning, either.)

 

“I Did Not Have Intimate Relations with that City”

Wardy said he wanted to know where the direction on this whole thing had originally come from (and again, because there is no more institutional knowledge left on the legal staff, no one knew the answer). 

 

“Then I think, before we go any further, Council, it’s very premature for us to take any action because we’re playing hide the salami, here,” stated our very dignified mayor, Joe Wardy.  I gasped.  Yes, folks, he really said that.  I wondered to myself, why would this cliché-lovin’, limited vocabulary wielding, empty “happy talk” spewing guy use this particular metaphor?  And, I wondered, does “hide the salami” still mean today what it meant when your old friend Sid was in 7th grade?

 

To verify that the expression did, indeed, have the same meaning, I visited Joe Wardy’s favorite website, ClichéSite.com, and entered (no pun intended) “hide the salami.”  And I got my answer: 

 

Cliché:

Hide the salami

Explanation:

1. Sexual intercourse.

Country:

United States 

http://www.clichesite.com/content.asp?which=tip+567

 

Maybe Joe Wardy was sending secret messages.  His claim that “it’s very premature for us to take any action” (my emphasis)…well, what could that mean?

 

“And,” continued Wardy, seemingly unaware of the metaphor he had just used, “the citizens of El Paso would like to know.”

 

A Slow UNcomfortable Screw

The citizens would like to know what, Joe?  Who’s playing hide the salami?  Or why on earth you used an expression used by 7th grade boys to describe “intimate relations”?  A-ha!  I’ve got it!  He’s either making a very embarrassing admission about his private life or he’s saying it’s too early for him to quit screwing the City!  Yes!  That’s it!  I feel like I’ve just broken the DaVinci code!  However, and this is a big however, the question remains:  Would hiding the salami be classified under the Texas penal code as a game of chance or a game of skill.  With Wardy, I’m absolutely certain it’s the former.

 

Lisa Elizondo was running scared and determinedly trying to protect herself and stay out of the line of fire (instead of explaining the process and history).  Oh, well, self-preservation always comes first, I guess.  Elizondo said that it had to have come from Bill Studer, Carmen Arrieta or Joyce Wilson (anyone but her!).  Actually, folks, maybe I’m giving her too much credit; maybe she just doesn’t know what the hell is going on.

 

Wilson said to Council (for the umpteenth time), “Again, this was a long standing program that we inherited, and during the entire process that preceded us there were discussions and decisions made that some of these funds would be retained for city purposes to assist with energy enhancement for City facilities based on the history associated with this.  And it was determined at that point that that was a legitimate use…And again, if the Mayor and Council don’t want to retain any of these funds for City facilities, keeping in mind that taxpayer pay for energy we use to manage our facilities that have a public purpose and a public use, then you can direct us back and say you want all these monies to be directed very narrowly for community uses and we can go back with the interveners and the other parties who have come forward and come back with another recommendation.”

 

Wardy said that there are many small businesses that need the help, “It’s trying to be King Solomon here,” and asked that someone postpone the item.  So is it King Solomon who’s playing hide the salami?  I’m confused again…and I thought I’d broken that code! 

 

Gordon told Council that the City was not a party to the agreement between El Paso Electric and Texas ROSE and the other agency (the low-income interveners).

 

Then Austin began to weigh in.  “You’re taking the 40% as the deal we need to bless, but the same sentence that has those things talks about the 60%...you’re not taking that as gelled for small commercial customers, you’re letting that be, but we’re being asked to adopt the other part of hat sentence.  I have concerns about whether this should go to Project Bravo or not,” said Austin.

 

And then, perfectly describing the progression of this mayor and Council’s term in office, Wardy said, “We’re getting more confused and not less.”  He asked again that the item be postponed a minimum of four weeks.

 

Because Wardy & Co. were struggling to understand the issue, Joyce Wilson asked that the item be postponed and brought back as a special City Council meeting with the new mayor and Council.

 

Bob Cushing, A Very Troubled Guy

“I think it’s a rather cut and dried issue,” said Cushing.  “What’s troubling to me is that this was put to us to approve something when we didn’t even know what we were approving, and that’s what sticks in my throat right now.  And, you know, Ms. Elizondo, with all due respect, if you look at paragraph 4 in the resolution [then he quoted the first line], anyway, ‘as approved by the City Manager.’  This is a policy decision where we basically by this resolution would have acquiesced our legislative authority and to have this resolution put before us without the necessary backup to me is unconscionable, and obviously, it came from someone…and my suggestion on this is…I would like to then come back in a week and have some answers to these questions because…we are taking the literal language of the 2001 agreement and saying Project Bravo is the gospel…the other thing I look at is under the 2001 agreement there is specific reference made to other state entities…and Ms. Arrieta, I want to thank you for providing this information that we should have been given originally in this.”

 

Then it was time for the public to speak.

 

Ric Schecter, who deserved a round of applause said, “I have to congratulate you.  I think you’ve taken something that was fairly clear and made it so muddled and confused that nobody in their right mind will ever be able to figure it out.  I don’t know why you’ve chosen to take this particular item and turn it into two items, item 14B and 15, and then taken it to where, and treated it differently than any other item that comes before you.  You have money, you have a staff recommendation, and you have a legislative authority to either act on the staff recommendation or make your own recommendation on how to use the funds.  What’s so hard about that?  You’ve been doing that for the last two years, and any of you that come back on Council in the next 60 days will be doing that for either two or four more years.  So I don’t understand what this whole problem is about.”

 

It’s about undermining an individual we said should have control over day-to-day activities:  The City Manager.

 

Schecter explained that his concern is that he believed that most of the money intended for moderate income families should be used for just that and not the administrative costs associated with running the program.  He recommended putting a cap on the administrative costs at 10%.

 

Lisa Turner said it was the ratepayer that paid those fees and the money belongs to the citizens of El Paso and doesn’t belong to anyone else.  She said the money should be refunded to the ratepayer.

 

Throwing Agreements out the Window

Vince Dodds, interim Executive Director of HACEP, said that Cushing made him aware that there are potential funds available for them.  He said he was also very confused and Wardy said, “Welcome to the party.”  Dodds said that the feds give them some money for improvements that relate to energy efficient initiatives, but the funding is “inadequate,” and said HACEP has the staff and infrastructure in place to manage the money, and the administrative costs to administer the money would be 10% or less.

 

Cobos and Cushing both asked him similar questions that basically would prove that the administrative costs by HACEP would be limited.

 

Cook asked Dodds if the current HACEP administrative costs (in total) are less than 10% and Dodds said no.  Cook asked what the administrative costs are currently for operating HACEP and Dodds said, “Uh…as a percent of our total outlay, uh….” And never answered, but agreed that HACEP has many of the similar costs that Project Bravo has. 

 

Charles King, a recipient of Project Bravo’s weatherization assistance, spoke and said Project Bravo helped him get an air conditioner and he’s been very ill and they helped him out.

 

Several customers of Project Bravo asked Sofia Moreno, the Executive Director of Project Bravo, to speak on their behalf.  She explained that Project Bravo helps people who are not in public housing.  She reminded Council of the “binding agreement” between EPE and Project Bravo (and Texas ROSE).  She again stressed that they would be able to help the working poor with weatherization.  She said Texas Legal Services and Texas ROSE should be at the meeting, and asked that they postpone the item for four weeks.  She also said she didn’t know how Council came to the conclusion that the administrative cost would be 25%; it was only 10% (which is standard, she said).  She described the work they currently do and the lives they touch.

 

Cushing wanted to know Project Bravo needed new equipment and staff for what he called “a new bureaucracy.”

 

She explained that the current staff and equipment that runs the current program are paid for with state funds and the state equipment and staff cannot be used to work on this program.

 

Wardy implied that he could change their mind.

 

Cobos said that Moreno had referred to a legal document and said he didn’t see the City of El Paso as a party to that agreement.  He asked the attorney at the podium if the City were bound by the agreement between the Electric Company and the parties involved by asking, “We’re not binded?”

 

“We’re not binded,” responded Jorge Villegas, the Assistant City Attorney.  Binded?

 

“Bound,” corrected Wardy.  When someone as inarticulate as Wardy has to correct Council and an attorney, you know it’s gotten bad.

 

Moreno explained that Project Bravo has helped HACEP before, but they need to make sure that the money gets distributed city-wide.

 

Richard Turner with El Paso Electric said that he had some of the history.  He explained that in the reconciliation case, it was determined that a piece of the money would benefit small business and commercial, but the language was broad enough to consider other beneficiaries.  The point, he said, of the new agreement was to help moderate income families who cannot get help through low-income weatherization programs.  “We’re willing to work with whoever we need to work with to make sure you’re comfortable with how the money gets apportioned,” he said.  

 

Wardy asked that the item be deleted and presented to the new Council; Cook agreed and asked that the item be deleted in order to give staff adequate time to get all the parties together for a special Council meeting.

 

Representative Paul Escobar said that if a special Council meeting does happen, “I don’t wanna go in there and start blaming about paper trails, and ‘she didn’t do this,’ or ‘he didn’t do that,’ I just want to get to the facts so that we don’t make it an unnecessarily long Council meeting and murky up the waters even more…I mean, this was an unnecessarily long discussion.”  A little late, eh, Mr. Escobar?

 

But he’s right.  Council took two hours to discuss this item.

 

I Caught You Lying

Before the roll call on Cook’s motion to delete could be taken, Cushing sat up in his chair and, furiously chomping on his gum, said, “I had a motion to postpone and a second.”

 

No…he didn’t.  He had at one point mentioned he was planning on asking Council to postpone the item, but he never made the motion and there was never as second for it.  I wanted to start belting out Frampton’s “Lying” song.

 

Wardy asked Momsen if a motion was in fact made to postpone with a second, and before she could respond, Cobos said “Second!” 

 

Wardy said, “You did?”  Cobos responded, “Yes.”

 

These guys lie the way most of use breathe.

 

“Okay,” said Wardy, “It was so long ago we forgot.”

 

Actually, folks, Cobos couldn’t have seconded Cushing’s phantom motion to postpone.  That would’ve been impossible.  When someone makes a motion to postpone the item, there can be no more discussion.  So if Cushing had indeed made his motion to postpone the item earlier in the discussion, and Cobos had really seconded it (neither of which happened), then the discussion would have ceased.  But Wardy, the perpetually pin-headed parliamentarian who has a tenuous grasp at best of the most basic parliamentary rules, didn’t catch it or didn’t want to catch it.

 

And because Bob “the Bully Boy” Cushing is so desperate to keep any kind of managerial control away from the person the voters said they wanted to have that control—the City Manager—he wanted to be sure that he had final say over it before he is sent off into the wild blue yonder.  When Momsen asked him how long he wanted to postpone the item, he asked for one week.

 

Wardy asked Elizondo if one week would give her enough time to prepare a brief on the item, and she responded, “I’m not sure how I inherited this one.”  Huh?!?  I think I have an idea, Lisa…let me take a shot in the dark, if you will. YOU’RE THE CITY ATTORNEY and you are paid $155,000 a year for your god-awful work…that’s how.  She added, “Um, we’re happy to work with the administration on preparing the brief.  I don’t think it’ll be very long for us to get our timeline in place.”  This from someone who doesn’t have a basic grasp on the issue in the first place.

 

Paul Escobar asked Joyce Wilson if one week would be enough time to get everyone up to speed, and although I thought this Council could never be brought up to speed (because they don’t really want to understand), she said she would need a minimum of two weeks in order to pull in all the parties needed to explain the history to Council, but her preference was that it be deleted and brought back later (maybe when a smarter, more thoughtful, less corrupt Council would be in place?). 

 

Cushing agreed to postpone it for two weeks and complained about having to wait another two weeks.  Remember, this is the same guy who postponed this item twice in the first place.  He said that, “It’s a far stretch for me to believe that we then need additional time, and Ms. Wilson, I believe, you know the dots connected to bringing you to the one that brought this forward.”

 

Wilson, who is the consummate professional, sat there through all the absurd accusations and all the buffoonery with a tremendous amount of dignity.

 

The motion to postpone the item for two weeks passed with a vote of 5-2 (Cook and Escobar were the only “no” votes).

 

And then the unbearably painful discussion on this was finally over.

 

No Parking

The next item was brought forward from property owners who are tired of Montwood High School students parking in their neighborhood:

 

16.  PUBLIC HEARING - MAYOR AND COUNCIL:  (Attachment) [Representative Paul J. Escobar, (915) 541-4182] An Ordinance amending Title 12 (Vehicles and Traffic), Chapter 12.88 (Schedules), Section 12.88.040 (Schedule IV, Parking Prohibited During Certain Hours on Certain Streets), Paragraph J (No Parking 7:00 A.M. to 4:00 P.M.), of the El Paso Municipal Code, to amend Subsection 4  to read Frank Cordova Circle (North Entrance), from Firehouse Drive to a point 750 feet East thereof, both sides, all of Mike Andrade Place, all of Luis Gomez Place, and at the following properties in the Frank Cordova cul-de-sac; 12121,  12125, 12127, and 12129.  The Penalty as provided in Section 12.84.010 of the El Paso Municipal Code.  (District 6)

 

Rick Connor, the City Engineer, explained that the neighborhood has asked that “no parking” signs be placed in their cul de sac because Montwood high school students park in their area.  The Street Department has committed to getting the signs up within the next 3-5 days.

 

Escobar thanked everyone involved in progress on this item.  He explained that while Montwood has enough parking, students don’t want to park in the high school parking lot because they have to have insurance and a driver’s license.  Escobar said that they can only place signs in the areas that have petitioned the City.

 

Cushing asked how much it would cost, and Connor said that the information was in the backup, but that it would cost $1,073.

 

Escobar moved to approve, but irritated and angry members of the public spoke and basically talked about all the “out of control” students and the problems associated with them.

 

Although there were many more neighbors who wanted the “no parking” signs, they would have to wait because they hadn’t finalized the process.

 

The item passed unanimously.

 

Arroyo Preservation Details

The following item had been postponed twice before and was back for a brief discussion this week:

 

19B. 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) (Attachment) [Planning Research and Development, Frank Delgado, (915) 541- 4730] POSTPONED FROM 05/03/05 AND 04/05/05

 

George Sarmiento, Director of the Planning Department, explained that this item, the PSB’s west side master plan, has been postponed twice so that the Planning Department could deal with issues related to open space.  Sarmiento said that the changes reflect more open space, school sites have been moved to accommodate that open space, a park pond was created.

 

Cushing, the exiting council member who cares less about open space and more about helping his developer buddies, complained that the 24 acres of green space created turned out to be a loss of revenue for the City, and Sarmiento had to remind him, “But we’re gaining in other areas.”

 

Rick Bonart, a local activist who fought long and hard for open spaces, thanked Council.

 

After some amendments, Council approved the item unanimously.

 

The Pandering Continues

The next item was one of two placed on the additions to the agenda by Vivian Rojas:

 

1.  MAYOR AND COUNCIL: Discussion and action on the use of District #7 Discretionary funds to pay for an airline ticket for one resident of the Cedar Oak area to attend the TDHCA public hearing in Austin next Thursday, May 26, 2005. [Representative Vivian Rojas, (915) 541-4108]

 

After a quick statement about the residents wanting to attend the TDHCA meeting, Rojas made a motion to approve the item.

 

Lisa Elizondo said she had circulated a memo explaining that this was not an appropriate municipal purpose for expending City funds.  Immediately after Elizondo explained that the item was not legal, Cobos, naturally, seconded the motion.  Note to future Councilors:  I know she’s an idiot, but occasionally Elizondo does give correct legal advice—please don’t continue the Cobos/Cushing tradition of ignoring basic legal advice.  Thank you.

 

Before they took the vote on the illegal item, Wardy allowed the public to speak.

 

Ric Schecter was first and said, “Lisa Turner is on her way to Austin and she will see you down there.” (It turns out Turner was unable to attend due to an emergency at home.)  Schecter also said there are many people in the City who would like to go to public meetings and make their views known, and this use of City funds is inappropriate.

 

Schecter then placed a document on the projector, saying it was a public item he had placed on Council agenda on August 10, 2004.  It was a request on his part that “we amend the notification ordinance and expand it because in our neighborhood with the Wildwood Arroyo hearing and stuff came into the same situation that your district people have found themselves in, where there’s a meeting nobody knows about…and you find out about it later after it was too late to do anything and voice your opinion.”

 

He said that item was given “short shrift,” and he said that Rojas volunteered to take it to a Legislative Review Committee and she never did.  Okay…so now how many times has Rojas dropped the ball on this and other issues?  She ranks right up there with Elizondo when it comes to the contest of the “Most Incompetent Person at City Hall.”

 

Schecter further said that if we can’t take care of similar notification problems in our own city, why would Rojas have any luck correcting it in Austin, “we don’t choose to handle it here in El Paso,” and said she was expending City funds for a losing cause.

 

She didn’t respond right away, so Schecter said, “You look confused.”  Mr. Schecter, she frequently looks confused.   Were you really surprised?  Rojas sternly responded that she wasn’t confused, but she wanted the neighbors to “take part in the board hearing.”

 

Schecter rephrased his concern and said “I agree that we have spent over the last 3 weeks or 4 weeks tremendous amounts of City Council’s trying to address and figure out a plan for this particular issue.  My point is, almost a year ago when I pointed out this problem here in El Paso…nobody on this Council wanted to pay attention to it.  You didn’t want to address this issue as the body that can make changes here in El Paso and nullify the problem.”

 

Before the vote could be taken, Wardy asked her to withdraw the motion because “it is an illegal action of Council.”

 

Her voice dripping with sarcasm and not a little bitterness, Rojas said, “I don’t want to commit any ‘illegal acts,’ so I’ll withdraw my motion.”

 

Cushing asked about showing support for those non-elected officals who are going and as he listened to Elizondo, acting like a half-lizard half-man freak of nature, Cushing visibly and gently whipped his tongue around as his mouth was half open.  I had to look away in disgust.

 

Wardy then said that any citizen who wants to attend the TDHCA meeting can because it will be an open meeting, and as if to say that previous meetings have not been, he added, “This one is, anyway.”

 

No action was taken on item one.  And no action was taken on the next one either:

 

2. DISCRETIONARY FUNDS: Discussion and action on a request to allocate  funds from District #7 Discretionary Funds to pay for the airline ticket for one resident of the Cedar Oak area to attend the TDHCA public hearing in Austin next Thursday, May 26, 2005. [Dept. Id  #01153010, Fund 16507, Acct. # 504420] [Representative Vivian Rojas, (915) 541-4108]

 

And that was that.

 

How Do I Milk Thee…Let Me Count the Ways

I can’t wait for the transcript of the 5/26/05 TDHCA meeting, my friends.  I’ve already put in an email request for it.  It turns out our local politicos have no problems wasting precious resources in order to pander to the public.  Not only did Vivian Rojas attend the meeting, but so did Joe Wardy, Presi Ortega, County Commissioner Barbara Perez and a representative of State Rep. Chente Quintanilla’s office did as well.

 

Let’s recap this whole thing, shall we?  First, Vivian Rojas, Joe Wardy