5.31.2005

 

This week, Ray Gilbert takes to space…the final frontier; we revisit Wardy’s irresponsible mouth; Vivian Rojas tells more lies; and Susan Austin gets all rucked up.                         

 

What’s Good for the Goose…

The following public item was placed on the agenda by Ric Schecter, a local west-side activist who first championed neighborhood notification issues last year:

 

2. Discussion and action on a Motion to expand the open meeting and notification requirements of the City Plan Commission as follows:

Regardless of any wording to the contrary above, the City Plan Commission shall be required to hold an open meeting/hearing on any new action proposed for a parcel/tract that was previously subject to a contested hearing. The petitioner shall be responsible for notifying all previous participants of record (of the contested action(s)) regarding the subject, date and time of the new hearing. [Richard Schecter]

 

Schecter said that this item was a re-submission from August of last year, and in a reference to the current war Vivian Rojas has waged against the TDHCA, he said he posted it because of the “current problems with the state housing authority.”  He said he was trying to point out that “the procedure that caused so much trouble for Ms. Rojas and her constituents is alive and well in El Paso.”  The problem, he explained, is that decisions that are believed to be final at the City are sometimes not final, and neighborhoods and interested parties should be kept informed.

 

The consistently confused Wardy replied, “I think I understand what you’re asking,” but said that Council couldn’t take action on his agenda item; Council would have to post and amend an ordinance.

 

Assistant City Manager Matt Watson recommended sending the item to the City Plan Commission (CPC) for review, “since ultimately the CPC would be the body required to accept the additional notice.”

 

Susan Austin asked questions about notification and asked if anything that occurred at the City CPC meetings, which are open to the public, would be “analogous” to what happened to the TDHCA.   Watson reminded her that subdivision applications are not part of the City’s notification process and went into an extended Q & A with Austin about the process.

 

Irony Alert!™

Presi Ortega asked who on Council is in charge of the Legislative Review Committee (LRC) for this and Austin replied, “Ms. Rojas.”  Oh, the irony!  As a reminder, Schecter told Rojas last week that she had promised (back in August 2004) to take this issue to the LRC so notification issues could be resolved.  She never did. 

 

Instead of taking a long, hard look at their own policies, Presi Ortega and Vivian Rojas shifted the focus of the discussion to the TDHCA.

 

American Grandstand

Presi, the little grandstander (who, by the way, is already lobbying to be the mayor pro tem with the next administration…God forbid!), said he wanted an LRC and complained that when he and his delegation of fools went before the TDHCA to try to reject the federal funds they were investing in El Paso to help with our affordable housing crisis, he felt the board wasn’t listening to them.  He said he wanted to make sure that “this doesn’t happen again.” 

 

Vivian Rojas said she wanted a “red flag” on developments that they have opposed (like the red flags Anthony Cobos complained suddenly appeared on him last week?  Could it be viral?).  Maybe she should have done that back in August when she promised to do it.  Then, like Presi, she proceeded to complain a bit about the TDHCA and Cedar Oaks.

 

Wardy asked her not to “confuse the issue,” and reminded her that “any company can build apartments there because of the zoning…our contest is with the TDHCA and the awarding of tax credits…that’s our issue.” 

 

Thick As A Brick

He’s absolutely correct.  Vivian Rojas is so dense she still doesn’t get it.  The area’s zoning allows for apartments.  There is absolutely no reason for “red flags” when someone applies for permits to construct apartment buildings when the zoning allows for that.  Viv, I can’t figure out how you graduated from high school, much less how you managed to get a college degree.

 

As Wardy pointed out, the issue for Miss Viv and the rest of the pander/Bowling crew has nothing to do with fighting apartments—which cause the congestion and overcrowding that the folks in the area claim to be concerned about—it’s about protecting Bobby Bowling’s interests, pandering to the classism and racism of the residents, and keeping federal funds away from El Paso that could help us create more affordable housing.  Because Lord knows, we don’t want federal investment here in El Paso—no sir.

 

Schecter mentioned notification issues related to construction in the Wildwood Arroyo and said, “the neighborhood went away, believing…they had won,” and he said the neighborhood didn’t hear about it again until surveyors were out platting for homes.  He said there was a second example where Save the Valley had an agreement with a developer about exit/entrances on Borderland Road.

 

Wardy said that he agreed, and said, “But I don’t know that this is the place to do it,” and recommended an LRC (which was exactly the recommendation made last year). 

 

“Last August the same thing was suggested and it was supposed to have been referred to the LRC and here we are 12 months later…and we’re suggesting it again,” said Schecter, adding that he wanted a definite date when it would be reviewed.

 

Wardy said that would be more appropriate for the new Council to decide, and suggested postponing the item. 

 

Joyce Wilson suggested first sending the item to the CPC so that the commission could begin drafting the item in the interim.

 

Presi Ortega made the motion to postpone the item for four weeks and the motion was approved unanimously.

 

I think I’ve lost count, folks—how many times has the thick and incompetent Vivian Rojas dropped the ball while an elected official now?  I’m hoping and praying that next week’s meeting will be her last and instead of spreading her intolerance of the poor as our elected official, she can do it on her own time and on her own dime.

 

Ray Gilbert’s Two Cents on $5.8 million

Although the item regarding the Palo Verde rewards was discussed ad nauseam last week and will be back next week, Ray Gilbert placed it on the agenda this week:

 

3. Discussion, authority for, and action on the 5.8 million dollars to be refunded to the City of El Paso from El Paso Electric Co.  This is also known as Palo Verde Rewards. [Ray E. Gilbert, Jr.]

 

Gilbert said that he first heard about the El Paso Electric surplus in 1999.  Back then, he claimed that discussions focused on an $8.00/month decrease in residential rate payers’ bills.  He also claimed that after Mayor Carlos Ramirez was “done with it,” the rate payers’ decrease had decreased – to $4.00/month.  He said he’d hear “rumors” about the money, one of which was that the City had made a deal with the PSB that their electrical usage would be combined into one meter.  Wardy shook his head and said that wasn’t the case.

 

Gilbert said the rate payers never got the $8.00/month decrease, and he wanted to know where the other half of it went; “it just sort of disappeared,” he complained, and said that any surplus money should go to the consumers.  He said that last week, he had seen the mayor’s assistant (Adrian Ocegueda, the little Napoleon) outside Council chambers and asked him what the Electric Company item was about and Ocegueda responded, helpfully, that he didn’t know.  Gilbert said he told him that he ought to know.

 

Beam Me Up, Captain

Gilbert called the whole thing “nauseating” and, implying that the City had opened up a can of worms, he recalled a Star Trek episode where the characters were going to sit down and eat and there was nothing but worms. 

 

I had no idea Ray Gilbert was a Trekkie—or does he prefer the more politically correct Trekker?  I was half hoping Alexandro “I Need a Data” Lozano would recognize the reference and interject a hilariously garbled summary of this particular episode.  Or maybe he would turn to Wardy and doing his best impression of over-actor William Shatner as Captain Kirk, announce, “I’m a pendejo, not a lawyer, Jim!”  Alas, Lozano/Lasagna was silent.  I sure would’ve appreciated Lasagna’s perspective on this Star Trek discussion, as this is the man who frequently launches himself into space.

 

Anyway, Gilbert said that it’s not up to Council to become a charity and that Council has the discretion to give the money back to the ratepayers; if it is determined that Council doesn’t have the discretion to do that, it can go back to the PUC to amend the agreement.  He also suggested taking the $5.8 million and applying it to debt service to decrease the debt levy account.  He said that would be a good way to give the ratepayers a break.  I actually agree with that last part.

 

He said the questions that were asked were “great,” and praised Wardy.  (What happened to the worms?)

 

Wardy told Gilbert that the item would be back on the agenda next week and encouraged him to come back to give his comments again next week.

 

Will the Real Joe Wardy Please Stand Up?

Cobos, sporting very puffy bags under his eyes and acting as exhausted as he looked, asked Norman Gordon if the City could pay off the debt service with the money.  (I wonder if he was, once again, tossing a few back with the down and outers by the canals.  Remember Tony’s foray into ethnography and participant observation when talking about the “hobos”?  Do they understand your pain, Tony?)  Gordon said that the agreement called for using the money for demand-side management, and so Council would have to get approval by El Paso Electric and the Public Utility Commission (PUC).  He also said that Council was not required to follow the agreement El Paso Electric had created with the outside organizations. 

 

Then Cobos said something that struck a nerve with Joe Wardy, but which (for the first time in his four years on Council) was the truth:  “This City Government is looking at a tax increase if we don’t pay down that debt service.” 

 

I jumped out of my seat and hid under my chair as I waited for the lightening to strike Tony…after all, I think this is his first honest statement!

 

Not a millisecond after Cobos uttered the words “tax increase,” Wardy sat up in his chair and declared, “I don’t think so!”  Wardy looked like a Jack in the Box.  Maybe he’s been subjected to intensive behavioral conditioning by his wealthy handlers.  That’s it!  I can see it now.  Some of that $500,000 in campaign contributions has gone to pay evil scientists to apply electric shocks to Wardy whenever someone utters the phrase “tax increase.”  The pain doesn’t go away until Wardy shouts out “I don’t think so!” (which he did, of course).

 

My friends, behavioral conditioning or not, Wardy is a dishonest man, plain and simple.  When Anthony “Dishonesty is the Best Policy” Cobos is being more truthful than Joe Wardy, you know Mr. Joe is in desperation mode.  All he can do now to ensure his re-election is to lie like he’s never lied before.  And all we can do now is hope that the voters see through his many lies.

 

Let me remind you, dear reader, that this is the same guy, who (eight short months ago) scolded Council for not increasing taxes on the debt service side of the budget for 2005 (just a little bit) to avoid a larger increase going into the 2006 budget (which I believe was Joe Wardy’s most – and only – responsible moment).

 

The Tale of the Irresponsible Mouth

As I was searching the archives, looking for evidence of this, I found many, many great Ray Gilbert (the man who coined the name “Mr. Lasagna”!) moments.  (I must confess, I’m gonna miss covering this guy.)  My favorite, however, was a statement he uttered during a heated debate he had with Wardy over the budget (when Gilbert was recommending that they reduce the tax rate, but still give City employees a cost of living allowance):

 

Wardy told him, “You can’t have it both ways, Mr. Gilbert,” and when Wardy “respectfully” disagreed, an angry Ray Gilbert yelled, “You’re showing the public the irresponsibility of your mouth!”  [emphasis added] I had to stifle my giggle. Watching Gilbert lay into Wardy was almost too much for me to bear.  http://www.thestrelz.com/shm/2004_0831.htm

 

Now, that little exchange has little to do with this discussion.  However, I enjoyed that so much that I had to relive it with you all.  Really, folks, I couldn’t have made it up…“the irresponsibility of your mouth.”  Ah…I’ll miss reporting on Gilbert’s statements.  But back to the issue at hand.

 

Joe Wardy’s true feelings on the tax increase issue can be found in my notes, three weeks after Gilbert declared Wardy’s mouth irresponsible, when Ray Gilbert and John Cook worked to reduce the tax rate (which Wardy is now taking credit for).  Here’s what I wrote then:

 

Wardy, who clearly was not pleased with Gilbert’s recommendation, said, “Some of you don’t plan to be here next year.  If you take a very, very short sighted effort on this it creates a burden on future Councils to make up the difference…we’re trying to smooth these things out a little bit…so we don’t burden future Councils.”

 

Gilbert, unhappy about Wardy’s unwillingness to go along countered, “Apparently the tax and spend is back…you’re not taxing to aid other Councils.”

 

El Bandido:  The Tax Rollercoster

Folks, my gut was hurting.  I’m sure most of you fondly remember the 11.8% tax increase from a few years ago, an increase that was a result of previous administrations’ unwillingness to raise taxes little by little.  When government refuses to act prudently and responsibly, someone’s gotta pay the piper at some point.  The Ray Gilbert strategy is exactly what got us an 11.8% increase in 2003.

 

I really hate to say this, but on this issue Wardy is absolutely right.  The counterplay between Gilbert and Chapman reminded me of the classic fable of the ant and the grasshopper.  The grasshopper criticizes the ant for “toiling and moiling” when he could play like the grasshopper.  “I am helping to lay up food for the winter,” replies the ant.  “Why bother about winter?” asks the happy-go-lucky grasshopper.  We all know what happens in the fable when winter comes along, don’t we, dear reader?  Ray Gilbert was saying, in effect, why bother about future years, Council?  All that counts is this year.  No, Mr. Gilbert, you could not be more wrong.  We don’t just tax for “this year.”  This is an incredibly short-sighted and irresponsible approach to public fiscal policy. 

 

Hector Zavaleta, the City’s financial advisor from First Southwest, issued his own warning. 

 

Zaveleta explained that in order to generate enough money to pay off outstanding bonds, the City needs that small increase. “If you decrease the…tax rate by 2 cents, you’ll have to generate more money this year and next year and each year after that,” he warned.  “That money is gonna have to be found next year as well.  Either next year you’re gonna have to have a substantial tax rate or you’re gonna have to find the money from your M&O dollars…every single year for the next 20 years.”

 

Austin, who seemed to have taken heed of the two separate warnings, made a motion to accept the recommendations by staff.  No one seconded the motion.

 

“This is an extremely difficult decision,” said Cobos, and he then made a motion to amend the ordinance in order to set the M&O rate at .524662 and debt service at .172015 for a total of .696677.  “The only taxing entity in El Paso to keep the tax rate the same,” he said. 

 

Cook seconded the motion, and Council (including Susan Austin, who always ignores her gut and blows with the prevailing wind) disregarded the advice of the City’s Chief Financial Officer and their independent Financial Advisor, and adopted the motion unanimously.

 

Gilbert thanked Council.

 

Later that evening, Wardy confessed to a local news station that he would consider vetoing Council’s decision.  But faced with breaking his “no new taxes” campaign promise, he made the popular, not the responsible, choice. In so doing, he is simply delaying the inevitable—leaving it to future administrations to do the responsible thing.  The truly sad thing about Wardy is that even when his instincts are correct (which is rare), he lacks the courage of his convictions. 

 

Even the El Paso Times, a big-time Wardy supporter, was critical of the switcheroo. 

 

In an El Paso Times blurb later in the week when Wardy announced he would not veto the vote, Wardy promised a 22% tax increase next year.  Ouch!

            http://www.thestrelz.com/shm/2004_0921.htm

 

And this is the same guy who is calling John Cook “Mr. Tax and Spend” while it was Cook who reduced the tax rate, and it was Cook who did the legwork to get it lowered; it was Wardy who vowed to veto the action and promised a tax increase in 2006.

 

The Political Speedbump Needs to Go!

Austin, in typical Susan Austin style, repeated everything Gordon had just said in the form of a question—twice.  I’ve had enough of her!  Her voice grates on my nerves the way nails on a blackboard affect others.

 

Rojas asked if the money could be returned to the residents, and Gordon said that would require a discussion with the PUC.

 

Cushing wanted to know how the City got “lost” in the negotiations.

 

Gordon, a standup kinda guy who looked irritated at that point, said, “We didn’t get lost.  I don’t know why people are saying that we got lost.  We had a proceeding in 2001, that proceeding was a fuel factor and a fuel surcharge case.  As part of that proceeding, the City of El Paso and El Paso Electric Company negotiated three things,” he said which were:

 

  1. A reduction to a fuel increase
  2. A disallowance where El Paso Electric “ate” $10 million of the purchase power costs in 2001, which Gordon said were inappropriate to pass along to ratepayers
  3. A change to the Palo Verde performance standards, which changed the performance standards, so instead of El Paso Electric being entitled to performance rewards in the range of $8-10 million, the rewards were reduced with the plant running at a high capacity rate and doing very well.

 

Gordon said that these negotiations have saved ratepayers over $50 million.

 

He explained that after those issues were negotiated and presented to the PUC, the two organizations discussed last week intervened, but at the time, and they were asking for money on the applications of the performance standards.  The City said their demands were not part of the case, which involved the fuel factor and the change in Palo Verde performance rewards. 

 

When Cushing asked if the negotiations between El Paso Electric and the interveners did not bind the City, Gordon agreed; however, he said that the City is indeed bound (or “binded”) by the 1999 document.

 

Wardy said that no action would be taken because there would be a major report by the City Manager at next week’s Council meeting.

 

Council took no action and moved on.

 

Minutes

Passed and approved during the consent agenda:

 

4.  APPROVAL OF MINUTES: [Municipal Clerk, Richarda Duffy Momsen, (915) 541-4127] Approval of Minutes for the Regular City Council Meeting of May 24, 2005.  (Attachment) - Regular City Council Meeting May 24, 2005

 

UnCivil Service?

I was very interested in where the discussion on following item would go, especially because Lance “I looked up Sidney Hall Maven in the phone book and couldn’t find him” Ruck was present at Council:

 

11.  PUBLIC HEARING - HUMAN RESOURCES: (Attachment) [Human Resources, Terry A. Bond, (915) 541-4509] An ordinance amending Ordinance 8065, Civil Service Rules and Regulations, Rule 1, Civil Service Commission, Section 10, Commission  Recorder, to clarify disciplinary procedures. POSTPONED FROM 05/24/05, 05/17/05 AND 05/03/05

 

My friends, neither Assistant City Attorney Lupe Cuellar (who spoke on this item) nor Lisa Elizondo (the City Attorney) ever gave a summary of the issue on behalf of the public, so I had to try to reconstruct the incident (or incidents) that led to this proposed ordinance.  From what I could gather, this item was the end result of a tug of war between the Civil Service Commission (CSC) and the City.  Apparently, the Director of Human Resources, Terry Bond, reprimanded the CSC Recording Secretary, Rosie Buenning.  The Recording Secretary apparently answers to the CSC and not the department head (in this case, Terry Bond) or the CSC Secretary (also Terry Bond).  In order to ensure that the department head never takes action against the Recording Secretary again, the CSC created this ordinance requiring that any reprimands be approved first by 2/3 majority of the CSC. 

 

Before any discussion on the item began, Robert Cushing, a former member of the CSC and a friend and crony of some of the current CSC members, asked a question.  Regarding the ordinance, which had been postponed twice, he asked, “Would this not pass by default on the 60-day time limit rule last week?”

 

Lupe Cuellar, the Assistant City Attorney who is also the legal advisor for the Civil Service Commission, informed Council that she would defer that question to Lisa Elizondo, the City Attorney and their counsel. 

 

Hmmm.  Interesting situation, eh?

 

Cuellar informed Council that the CSC asked her to relay the following messages to Council:  The CSC does not want the item postponed, they would like Council to take action, and based on information they have, the ordinance they have created (item 11) is legal and not a violation of the charter. 

 

This was getting more interesting by the minute!

 

Cuellar said that the CSC members were told that the City Attorney’s office had legal concerns, but they were never told what those concerns were; Cuellar said that she had not been told about those concerns either.  She said the commissioners believe that they should have been told what the legal concerns were, and that they hoped that in the future, any legal concerns would be brought to them.

 

Cuellar said that the only legal concern she was aware of was a claim that the proposed ordinance is a violation of the city charter.  She and the CSC have reviewed the concern and they don’t believe it is a violation of the charter.

 

Cushing asked Lisa Elizondo, Wardy’s legal eagle, about the 60-day issue and Elizondo said the 60 days had not expired because the time on this item did not begin ticking until the introduction of the ordinance was made (the charter reads “upon Council’s receipt”).

 

Cobos roused himself to interject, saying, “This item is very, very concerning,” and claimed it would affect every Civil Service employee in the City. 

 

A House Divided

Steve Blanco, a local attorney, was standing at the podium and said he had been retained by the City Attorney’s office “because there’s a disagreement among City Attorneys” (the Assistant City Attorneys on staff and Lupe Cuellar, who is also an Assistant City Attorney, but one who represents the CSC).  Responding to Cobos’s sweepingly inaccurate statement, Blanco corrected him and said this would not affect all Civil Service employees.  The ordinance would only affect one person:  The CSC Recorder.

 

Blanco explained that the disagreement in the City Attorney’s office was about the ordinance and whether it violates the charter.  He said that the CSC believes the scope of the charter permits them to make the amendment, but the City Attorney disagrees.  Because there’s a disagreement among the city attorneys in the interpretation on the scope of the charter, said Blanco, there’s a conflict.

 

Cushing, who wanted to use legal jargon and pretend he was Perry Mason (a corrupt, misogynistic, dog disemboweling, pompous, and far less intelligent version of Perry Mason) said, “Since you opened the door, I’d like to know what the nature of that conflict of interest is?”

 

Cushing asked if the advice Cuellar gave the CSC was “not proper.”  Blanco disagreed.  He did say he thought the ordinance does violate the charter because “it’s outside the scope of the authority that’s granted to the Commission…on how they administer the CSC function.”  When Cushing asked if this ordinance could be classified as “inappropriate,” Blanco agreed.

 

Susan Austin wanted to know how the rule read today, and Blanco read it aloud:  “The commission Recorder serves at the pleasure of the commission.”  Austin asked him various questions about classified vs. unclassified employees and about the Recorder’s position.  She also asked if the City Manager, according to the charter, has the power and authority to delegate the authority of oversight and supervision to department heads, and Blanco agreed.  She also asked if the CSC had the ability to choose their own CSC Recorder and Blanco said they were.

 

Austin also asked, “If the CSC wanted to get rid of the Recorder and the City Manager did not, who would have the ability to remove?”  Blanco said the CSC would. 

 

Blanco explained that “What the CSC’s proposed amendment would do is add an unnecessary area of oversight where before an intermediate disciplinary action could be taken, you have to go before the entire CSC.  You can just imagine how unworkable that would be.”

 

Cushing wanted to know what had brought this to the “crisis where we’re hiring outside attorneys.”  Was there some triggering mechanism, he asked, and if so, what was it?

 

Cuellar wanted to clarify that what the City Attorney’s office is alleging through Blanco is that the ordinance is inappropriate, not illegal. I guess violating the City Charter is no big deal to these guys.  She said that everyone is in agreement about the legality: it is legal.  “Whether or not it makes sense policy-wise, that’s up to you to determine.” 

 

The World According to Ruck

Cushing asked why the CSC got to the point where they needed to create this ordinance, and Lance Ruck (crony and buddy to good ole’ Cushy) was eager to speak.  He said he was the chair when the ordinance was passed by the CSC, and this came about because the CSC Recording Secretary was given a reprimand by Terry Bond.  According to Ruck, that reprimand was given because she was accused of being discourteous and rude to a City Attorney and “effectively yelling by using too big a font in an email.  I guess that’s a violation of the ‘too big a font’ policy,” said Ruck facetiously.

 

Then it got fun.  As soon as Ruck made those pronouncements, pandemonium erupted in Council chambers!

 

Everyone was trying to speak at once:  Ruck, Cobos, Austin, Cushing, and Elizondo.

 

Elizondo took over the floor and said, “I don’t mind there being some broad discussion about how this came forward, but in terms of the specific incident, I think we would have to be posted to go into great detail about that particular incident and we’re not.” 

 

Both Cushing and Cobos disagreed strenuously with Elizondo, yelping out in unison, “It pertains to this item!”

 

“It may pertain to this item,” responded Elizondo, “but the employee involved is entitled to specific notice if you’re going to discuss specific personnel issues.”

 

Cushing said he still didn’t know who authorized the hiring of outside counsel on this, and said, “There’s a plethora of questions, but in a snapshot, this was a violation of the too large a font rule, is that correct?” he asked Ruck.  

 

They clearly didn’t like the HR Director reprimanding the CSC Recording Secretary. 

 

Ruck You

Ruck, who flaunts the same type of “know it all” attitude that his crony Cushing does, said that he interpreted the charter to say that notification to Council on this issue would have begun the night the ordinance was first approved by the CSC.  (These guys prove over and over that a little education is indeed a dangerous thing.)

 

Ruck also said that the CSC is not saying that the Recorder can’t be reprimanded by her supervisor, the Human Resources Director.  “We’re saying if you’re gonna do that, it’s gonna take 2/3 concurrence from us.”  (Should the HR Director also ask for 2/3 concurrence from you when she has to go to the bathroom, Mr. Ruck?)  Ruck recommended that the item be passed.

 

Austin pointed out that it’s going to be harder to discipline someone than it would be to terminate someone, and Ruck said he had no problem with that because if the CSC is unhappy with the Recorder, they wouldn’t write her up, they’d simply terminate her.

 

Austin raised her hands in the air, and without finishing her sentence said, “Well, I just think this is so jaked up, I can’t even envision...”  Jaked up?  Oh, Fred!  If you’re gonna go that route, I would’ve said things were “rucked up!”  If for no other reason than the fact that she uses these stupid, cutesy euphemisms for coarse epithets, Susan Austin has got to go!  (Who the Fred is this guy Jake and who the Jake is this guy Fred, anyway?)

 

Ruck complained that what he was “jaked up” (or “rucked up”) about was that the Recorder was disciplined in the first place and that the City had spent money to hire an outside attorney to tell them their item is not appropriate.

 

Cobos asked Wilson for her opinion.  Wilson said that the first issue was whether or not this violates the charter or not.  She said there are two attorneys with two interpretations.  The challenge Wilson said she is currently working through is the fact that the Secretary works for the commission, which only meets twice a month, and so the rest of the time, the day-to-day operations are supervised by the secretary to the commission, which is the HR director.  She said passage of this item is ultimately up to Council.  She pointed out that the Recorder’s contract expires in the fall, and said the City will meet with the CSC, determine how many hours she will work, and who the secretary should be.

 

Cobos asked if Council voted on getting outside counsel and Elizondo said she didn’t need Council approval to do that, and added that because of the conflict, “I had no authority not to send this to outside counsel.”  Huh?

 

Cushing asked why the CSC wasn’t given an opportunity to have its own outside counsel and clearly Elizondo couldn’t answer the question, but she acted like she knew what she was talking about in an effort to fool Council.  “It probably will be in the future, it’s something that we’re gonna be discussing with the Commission because in light of the fact that I do anticipate having these type of management, uh, disputes or issues coming forward.”  This is classic Elizondo—a non-answer answer.

 

Lupe Cuellar, legal counsel for the CSC, stepped up to the podium and said, “Representative Cushing, if I may add, they were given the opportunity to get outside counsel on this one issue.”

 

Cushing made a motion to approve and the item passed unanimously.

 

In my view, the whole thing was “rucked up.”

 

So Who’s Being Empowered?

Approved with very little discussion (and with public comment coming only from the El Paso Empowerment Zone executive director) was the following item:

 

12.  PUBLIC HEARING - PLANNING, RESEARCH AND DEVELOPMENT: An  Ordinance granting a Special Privilege to the El Paso Empowerment Zone to temporarily close portions of Texas Avenue, Florence Street, Ochoa Street, Virginia Street, St. Vrain Street, Ange Street, and Octavia Street on  June  18, 2005, June 19, 2005, September 4, 2005 and October 29, 2005 for the "Texas Avenue Street Festivals". (Fee: $350.00, SP-05005) (District 8) (Attachment) [Planning Research and Development, Esther Guerrero, (915) 541-4720]

 

It still irritates me no end that El Paso is using its empowerment zone federal funding for street festivals.  It breaks my heart that the money is not going to help empower folks or create businesses or jobs in our great community.

 

Bankrolling More Pandering

As I mentioned last week, the following item had my ire up:

 

1.  MAYOR AND COUNCIL: Discussion and Action regarding hiring outside legal counsel to further research and report back to the El Paso City Council  with findings based on the most recent developments from the Texas Department of Housing and Community Affairs board meeting held on 5/26/05. [Representative Vivian Rojas, (915) 541-4108] [attachment]

 

Before we begin discussion on the item, if you need background information on the Cedar Oaks issue, check out this good article (it covers most of the issues): http://www.newspapertree.com/view_article.sstg?c=8a345b4bac5b4d48&mc=809d3b8d3548a29b.

 

Lisa Elizondo was the first to speak, and she said she had circulated a memo about this issue and the fact that there would be “no value added” to hiring an outside attorney.  What?  Lisa E. balking at spending our precious tax dollars to hire outside attorneys?  What gives?  Elizondo said that while it is ultimately Council’s decision, “I do think there needs to be a funding source identified.”

 

Cobos said they approved a funding source when they approved her budget.  He said they’re asking for a second opinion and that he doesn’t think the request is unreasonable.  He repeated that Rojas simply wants another opinion.  No, Tony ol’ boy, what Miss Viv wants is to pander, pander, pander.  Maybe we should call her the pander bear.

 

Elizondo again said she didn’t believe an outside lawyer would give a different opinion, and because they’re in lame duck mode the amount they could spend would be limited to $3,000.  Did Elizondo grow a conscience overnight?

 

Cushing noted that Presi and Rojas had gone to Austin, and since he wasn’t there, he asked for a summary and their “sentiments.”

 

Rojas said that the sentiments voiced at the TDHCA meeting were the same ones that have been voiced at Council.  Basically, she’s alleging that the TDHCA violated state codes (which they did not) and that there was a lack of notification (also not true), a lack of due process (yeah, by Miss Viv), inadequate evaluation of the application (not true), lack of participation by elected officials (how can she say that with a straight face?) and no public hearing (also not true).  She claimed the board made a decision that was “final” on July 28th (this is the lie that she continues to perpetuate to move the focus away from her ineptitude on this issue). 

 

She added that if a mayor of a municipality opposes a development, the TDHCA is required to conduct a site visit to meet with the mayor.  I researched this issue to see if this statement is true, and as usual, Miss Viv is Miss-Leading her constituents.  According to the TDHCA, they conducted site visits for all the 2004 competitive round applications (including Cedar Oaks, so a site visit has been done), and the site visits have never had anything to do with opposition or support of a program.  They are routine business for the TDHCA.

 

Yes, my friends, Vivian Rojas can no longer tell the difference between the truth and her lies.  After Lozano she is the most inept Council member, and after Cobos, she is the most mendacious.  That’s quite a record of accomplishments.

 

Cushing asked, “What was the attitude of this board?”

 

“When they went into executive session, they discussed this issue, it was on the agenda.  When they came out they stated they would take no action,” she said.

 

Cushing the would-be lawyer then transformed before our very eyes into Cushing the would-be method actor.  He mustered all the incredulity he could and asked, “This was even in light of the fact that we presented all these issues to them where what they were doing was inconsistent with the way the state statute is written?”  Rojas responded “yes.”  Incredible!  They really Jaked us over, huh, Bob?

 

Cook asked what kind of legal remedies Rojas was looking for.  She never responded to that question.  Cook also said that that Council had already been given the legal remedies, the protest and the appeal, both of which have done, and added, “no matter what attorney you have come in here, he’s not going to give a different opinion in my view.”

 

Cobos said that Rojas was doing this because her constituents want her to fight and he repeated, it’s a second opinion, and said “either you’re with the constituents or you’re not, plain and simple.”

 

Presi, the little Grandstander who couldn’t, said he was disappointed by the comments made by Ainsa (the attorney for Investment Builders, the company trying to move forward with their development) and in Shapleigh’s letter (that great letter I introduced you to last week).  He said Shapleigh’s letter was read into the record and he said, “We know that there’s much more behind the scenes.”  Indeed, Presi, indeed.  But what’s “behind the scenes” is you and the rest of the Wardy crew doing Bobby Bowling’s dirty work.  Since I can’t believe you’re working for free, I hope you make Bobby pay up.  Presi said he was “very upset” about “the tone and the way this has gone forward.”

 

In the Race to the Bottom, Presi’s Always the Winner!

Then, as he always does, Presi took the grandstanding to absurd depths and encouraged the residents to “put some money together, and hire an attorney.” He said that the residents are “the ones who are really being wronged in this situation.”  Okay.  Presi is now the King of the Putz’s.  He knows damn well the residents don’t have a legal leg to stand on.  And because Presi has no problems wasting our taxpayer money on this frivolous action, he’s encouraging the neighborhood to do the same thing:  To waste their own money.  Frankly, these anti-poor zealots deserve representation like Presi’s and Vivian’s.  The rest of the district, however, does not.

 

Cook asked how many attorneys had looked at this matter, and Elizondo said four had and they had all reached the same conclusion.

 

Cobos, seeing an opportunity to get a dig in at Wardy’s mayoral opponent, complained that this was the first time he’d heard Cook display any confidence in the City Attorney’s office.  Cook drily responded, “Thank you for that observation.”  Well, Tony, this was the first time that Cobos & Co. displayed a lack of confidence in Lisa E.  Two can play at that juvenile game, you putz.

 

Rojas said that she also took issue with HUD’s Difficult to Develop Area designation and whether the TDHCA complied with HUD’s guidelines and whether or not other developers (READ: Bobby Bowling) had the same opportunities at that money.

 

Rojas made a motion to hire outside counsel.

 

Cushing said that “legal opinions, for the most part, are/aren’t worth the paper they’re written on.”  No, sir, it’s your legal opinions that aren’t worth the paper they’re written on.  But, Bob, if you feel that way about our City Attorney’s Office, why are you paying Lisa E. and Jabba and all the others such ungodly (sorry, Susan, such un-Jakely) amounts of money to render those opinions?  Now, I must confess, Bob, I don’t know who’s the bigger putz—you or Cobos or Presi.  It’s like Putzville up there on Council.

 

Rojas amended her motion to limit the amount to $3,000.  “That’ll pay for the first week,” said Presi.

 

Everyone but Cook voted yes.  Everyone who voted yes should be run out of office.  Congratulations to Cook for being the only member to do the right thing.

 

And the pain was over in less than two hours!

 

Rumor Mill

Two loyal readers have informed me that Anthony Cobos has decided to run for County Judge.  Good Lord!  This guy can’t even get elected in his home district but he thinks he can win a county-wide race?  I hope that if he does run, he gets trampled so badly that he can no longer live in Egypt about the fact that his political career is over.  Tell you what, Tony.  If you run for County Putz, I promise I’ll vote for you. 

 

And the Letter of the Week Award Goes to…

R. L. Niemira of Northeast El Paso!  Yes, applause, applause!  Although the El Paso Times and Joe Wardy and Silvestre Reyes don’t want to focus on any of the not-so-positive BRAC news, it’s up to regular folks like Niemira to do so:

 

Poor tradeoff

The three spin doctors -- Reyes, Wardy, and the El Paso Times -- are at it again, saying that Fort Bliss is a big gainer from BRAC (just look at the headlines).

However, if you care to look closer, there is one small article that says the Air Defense School may be moving to Fort Sill, Okla. Great tradeoff. This is the article that should have been in screaming headlines.

We will be losing scientists, engineers and skilled technicians, while gaining tanks (with the accompanying pollution), mechanics and other skills that will not promote El Paso as a high-tech area.

Will all the high-tech companies the Chamber of Commerce and the mayor have been courting still come to El Paso, or will they go where the ADA is located, namely Fort Sill?

The congressman and the mayor, along with his economic advisers, the Southwest Gnomes of Zurich, have not done their jobs. The Times has done nothing except aid and abet the BRAC results.

R. L. Niemira
Northeast El Paso

 

Unless we talk about this issue, we won’t find a solution to this glaring problem.  I still wanna know…is anyone up there fighting to keep this school for us?  Helllooo?  Wardy?  Silver? Anyone there?

 

Speaking of Poor Tradeoffs…

On Sunday, El Paso experienced a true tragedy:  The loss of funding for our medical school faculty and staff.  Here’s a simpleton’s perspective:

 

Politics, politics is name of game

So the Legislature failed to come up with funding for our medical school. Now comes the wailing, teeth-gnashing and the inevitable rhetorical questions: "Why doesn't El Paso have a voice in Austin?"

It's simple, really.

So long as El Paso remains a Democratic bastion in a Republican-controlled state, we can expect little and receive less. Just how kindly do you think Uncle Rick & the Boys are toward giving to a border town (which is always a drain upon state resources) that always votes for the opposition?

It's politics as played by the two-party system in Texas.

If the situation were reversed, with a Republican El Paso and a Democratic government, you may be sure we would be in the same situation.

It may not seem fair or right, but that's how it is and will remain so long as El Paso remains out of sync with the powers that be.

Charles Fish
Northeast El Paso

 

If only it were that simple.

 

El Paso didn’t do well under a Democratic Governor, and it hasn’t done well under a Republican Governor.  I think one of the problems is not how we vote…it’s the fact that very few of us bother to vote at all.  How can our elected leaders make any real demands when their constituency is so apathetic? Furthermore, when you have people like Norma Chavez, who traded her soul to Tom Craddick in exchange for an appointment on the Border Affairs Committee (which has no money and less power, whoopee!), we have our own folks selling us down the river as well.

 

The greater problem, in my view, is that as long as we have evildoers like Tom Craddick leading the way in Texas, we will continue to do poorly.  According to Texas Monthly, even Craddick’s fellow Republican, Texas’s Lieutenant Governor David Dewhurst, “views Craddick as someone who has few motivations at all beyond his Midland district and his business interests” (http://www.shapleigh.org/news_detail.sstg?id=320).

 

So while Craddick played “hide the salami” with El Paso and the rest of the border, Midland ended up with a nice chunk of change that should’ve gone to our medical school.

 

I say thank goodness that—at the very least—we have one or two voices of reason in Austin representing us in order to speak up in the face of the kind of raping of the border that routinely goes on in Austin.

 

I assume we can use Mr. Fish’s analogy here in local government.  I guess if we just went ahead and voted for people of Wardy’s ilk—Cushing and Cobos come to mind— our community would be better off, right Mr. Fish?  I guess we should just go with the flow and keep our fingers crossed, right?  No, sir!  We need folks like Susie Byrd and Beto O’Rourke (who kicked the Jake of out of Cushing and Cobos, respectively) and hopefully candidates like Steve Ortega and Ann Morgan Lilly.  We should never stop voting our conscience simply because the majority of the city (or the state for that matter) is voting another way.  Then we’d be no better than Susan Austin, a City Representative who can never seem to vote her conscience at all.  I don’t even know if she has a conscience.

 

What a stupid response to the thievery of Tom Craddick.

 

Those “high-powered” west side guys who are making careers out of kissing Rick Perry’s backside better get on the horn, pronto.  They certainly have worked hard for their boy and he now needs to work hard for this community.  That will be the true test of how much our “high-powered” Republican business representatives and “community leaders” can get done.

 

Campaign Finance Reports Are In!

There were no big surprises.  With the exception of the Foster/Schwartz developers, who weighed in heavily this time around (for the incumbents, of course), it was a lot of the same players giving more money. 

 

The only interesting pieces to Lozano’s reports are that he paid his volunteers (um…Lasagna…they’re not “volunteers” if you pay them), he fed all of them (using his campaign money to pay for it all) at his restaurant (Alexandro’s), and he paid Jaime Perez a little over $1,000 to write his campaign materials:  http://www.elpasotexas.gov/city_clerk/_documents/2005%20Elections/Lozano%20Jose%20Alexandro.pdf.

 

Vivian Rojas never listed Bobby Bowling’s letter as an in-kind contribution (which she should have), and the Foster/Schwartz crew also dropped money on her http://www.elpasotexas.gov/city_clerk/_documents/2005%20Elections/Rojas,%20Vivian.pdf.

 

Wardy received an obscene amount of money and his total is nearing half a million dollars.  If only these guys gave as much to local charities, non-profits and other worthy organizations.  But noooo…they want to pour half a mil into the coffers of a not so smart but ever so willing front man to do their bidding.  Of course, Wardy paid Gail Mortimer to proofread his work (she’s Luther’s friend and whenever she helps, it’s a clear indication that Luther’s the puppet master of the candidate paying her) http://www.elpasotexas.gov/city_clerk/_documents/2005%20Elections/Wardy%20Joe.pdf

 

The other interesting piece is that Wardy paid $100,000 for Rindy Miller Media in Austin.  He lists them as providing “media services and poll.”  I looked on their website (http://www.rindymiller.com/whatwedo.html) and it doesn’t appear that they do polling.  On Wednesday I sent Rindy Miller Media an email asking them if they conduct push polls or message testing, and here’s what I got back:

 

We are known primarily as a media firm, but we often provide polling, direct mail, fundraising advice, or other campaign services.   It varies from campaign to campaign.  When polling, our normal procedure is to subcontract the voter interviews and statistical computation to some pollster or firm we’ve hired to collaborate with us on the project.

We do not do, and have never done, push polls.

---Dean Rindy
    RindyMiller Media
 

 

So far, Wardy has spent almost $300,000 on media consultants for his all-out war on ethics and John Cook.  That amount of money is staggering, and again, I ask…imagine what that money could do for our medical school, for a children’s hospital, for other great organizations.  Instead, it’s being used to buy your vote.  And speaking of buying your vote, there was a great piece in the Upper Valley Beacon about buying elections (http://beacon.valleypublishinginc.biz/beastory_050523_oped.html), which is exactly what Joe Wardy and his puppet masters are trying to do.   

 

The one comforting piece in all of this is that the Wardy crew thought they would’ve bought the election outright on May 7th.  Not only did they not do that, but they ended up in a runoff with a worthy challenger who had only a fraction of the amount of money they did and is giving Wardy the scare of his political life.

 

Go John Cook!

Go Steve Ortega!

Go Ann Lilly!

 

I say let’s keep out Eddie Holguin, and by virtue of that, I’d support Escobar if I were in his district.  And district 4…ay, ay, ay.  All I can do is shake my head at how things turned out there.

 

Go El Paso!  Go vote and get your friends, family and neighbors to vote…give them a ride, give them an earful, give us a chance!

 

Drumroll, please…

 

Comments or questions: shmaven@yahoo.com

 

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