Update:  8.2.2005

 

My friends, I come to you via email once again—with hat in hand and in all humility.  I know I’m retired.  But I’m not dead.  And what I witnessed at Tuesday’s Council meeting and during this week’s budget hearings has forced me—forced me I tell you—to submit my first “Sid Alert” and update only a week after I decided to devote myself to fishin’.  (May the force be with me.)  I never had any idea that a Sid Alert would be required this soon, but alas, because of the importance of this week’s issues, the fishing trip had to be cut short.

 

Forgive my compulsive, obsessive need to share information…but read on!

 

How to look a gift horse in the mouth

The first topic that got my ire up was the following:

 

17. BOND COUNSEL: (Attachment) [Bond Counsel, Paul Braden, (915) 544-9997] Discussion and action on a Resolution approving and authorizing publication of Notice of Intention to issue Combination Tax and Revenue Certificates of Obligation, Series 2005.

 

As the El Paso Times reported, this should have been a very routine item:  Figuring out how to pay for the legal obligation that was incurred four years ago and acknowledged by three administrations (including this one).

 

As most of you know, the El Paso Community Foundation (a local non-profit foundation) purchased the Plaza Theatre—a jewel hiding in plain sight in our downtown that has been unjustly neglected for decades.  The foundation then gave the theater to the City; that’s right…it was a gift.  The City and the Foundation then formed a partnership (for the benefit of downtown El Paso, the entire community, and I would argue, the entire region) to refurbish the aging theater.  The cost, of course, is enormous.  But, as the MasterCard commercials go—the cost of refurbishing the Plaza Theater:  $38 million.  Being able once again and for generations to come to enjoy live entertainment in a forgotten treasure:  Priceless.

 

Mayors Caballero and Wardy both were on the program (as is the current administration) and said the City’s portion (half) should be paid for with increased downtown meter fees and, yes, with those instruments of the devil…Certificates of Obligation.

 

What’s happened most recently is that the costs have increased by $6 million.  The City will now pitch in an additional $3 million, as will the Community Foundation (which has no obligation to fund this project at all, but chose to do it because it was the right thing to do for all of us).

 

Whether you agree with the financing methods or not, whether you believe this should have gone to the voters or not, and whether you support the Plaza Theatre or not, the City has a binding, legal obligation to go through with this partnership that was formed four years ago.  Period.

 

Once the City Council had been fully briefed by staff, the public spoke.  First, folks wondered where the El Paso Community Foundation representative was (certainly, this was a routine item, but it’s always best to err on the side of being overly-prepared than under-prepared).  Then there were issues about whether the theater would see a profit or not (it will not, not for a while…why not, I don’t know), and about the increasing costs. 

 

But the true theatrics began once the El Paso Community Foundation representative finally arrived (it was Eric Pearson, who rushed to Council chambers once he got a call from Representative Beto O’Rourke, urging him to appear in order to address questions).

 

Pearson, who gave some broad and very general input about the Foundation and the theater, wasn’t prepared for the ignorance that he was about to face.  (I guess he hasn’t been reading Sid’s Council notes—if he had, he might not have been so taken aback by the sheer stupidity of a pair of Councilors.)

 

At one point during his impromptu presentation, Pearson said the El Paso Community Foundation (which took out a loan in order to give the City the money for the refurbishing of the Plaza) would be fundraising to reimburse itself for that loan (why he felt we needed that information in the first place is beyond me).  That statement sent Lozano and Holguin into a tailspin that was both painful and hilarious.

 

“Who’s going to reimburse the City?” Holguin demanded. 

 

“Huh?” was the response I half-expected from someone – anyone – near a microphone.

 

And then Lozano threw in, “At first I thought that, you know, that this foundation was donations but it’s not a loan it’s a loan [inaudible],” claimed Lozano (most of Lozano’s statements that day were inaudible because he was having microphone problems, in addition to his usual problems with logic and language.  Pity.)

 

The Budget Chicken Hawks

Neither Holguin nor Lozano understood the fact that had been explained over and over and over and over and over again.  The City owns the Plaza Theatre—it was a gift to the citizens of El Paso by the El Paso Community Foundation.  The Plaza Theatre was in desperate need of repair.  The total cost is $38 million.  The El Paso Community Foundation has paid for half of the cost; the City has agreed (in a legal document) to pay for the other half and then keep the theater and run it.  That was the deal.  Everyone understood that (at least until now, apparently.)  No one was hiding the ball. 

 

Both Pearson and Mayor Cook had to go through it and explain it for the two dim-witted self-proclaimed budget hawks again—s l o w l y, v e r y, v e r y s l o w l y.  But that still wasn’t enough, so City Attorney Charlie McNabb had to bring it down to the most elementary level for these reps.

 

I’m still not sure they got it.

 

At one point in the discussion (after an informative staff presentation on the funding issue), the Talking Melina Doll said, “I’m just wondering if I’m understanding this correctly.  Are we being asked to issue Certificates of Obligation without voter approval?” 

 

The answer, of course (for anyone paying attention…or for anyone who bothered to read the agenda item) was yes, and Wilson explained that the initial idea (revenue bonds) was more expensive to the taxpayer than Certificates of Obligation.  Of course, Melina had no response (how could she?  Luther hadn’t anticipated needing Melina to respond to Wilson and didn’t prepare her adequately.)  And although it was clear she wouldn’t support funding the Plaza Theatre and fulfilling the City’s legal obligation with CO’s, she didn’t bother to offer an alternative funding source.

 

In the end, the vote was 6-3 (Presi Ortega was absent and the “no” votes were Lasagna, Melina Castro and Eddie Holguin).

 

Just before he cast his “no” vote, Lozano said, “You know, because this is a public notification, and I need a, I need to quantify.  At first I was gonna abstain, but today I’m gonna ‘no.’”  It’s another pity that more people in District 3 didn’t “no” on election day.

 

Then Holguin decided to get on his “no new taxes/I’m not a tax and spend kinda guy” pander box and said, “I cannot approve the, the, I can’t support it only because I don’t support, uh, as Mr. Jefferson put it, uh, ‘taxation without representation.’  I don’t support CO’s.  Uh, don’t get me wrong, I think the project is a good project and it should move forward, uh, but I don’t think that the public should have to pay for it, so many millions of dollars without approving it themselves.  No.”

 

First of all, Holguin is forgetting that he, himself, is sitting there on Council, representing (if you can call it that) the citizens of District 6, so this is not “taxation without representation.” (Unless the folks in District 6 want to argue—rightfully—that they really don’t have representation…because Holguin’s leadership is quickly spiraling downward toward a big fat ZERO!)  Second, Holguin and the other “no” votes choose to ignore the fact that the City is LEGALLY OBLIGATED to find the funding for this project.  Of course, not one of the “no” voting bloc members provided an alternative funding source or a solution.  Nah…in their eyes, their only obligation is to vote things down, not to find alternatives or solutions. 

 

I could sense that Steve Ortega was itching to say something, and when it was his turn to vote, he didn’t let me down!  He said, “Since we’re all taking comment, I’m gonna take this opportunity to take mine.  I ran on quality of life.  We’re gonna have up to 17,000 troops coming to the city of El Paso.  When they come here, guess what?  They’re gonna want something to do.  And so many times people complain about ‘there’s nothing to do in El Paso.’  Finally, the Community, thanks to the Community Foundation, has saved the Plaza Theatre in 1987 from the wrecking ball.  Guess what?  Quality of life projects cost something; parks don’t pay for themselves, this Plaza Theatre project won’t pay for itself, the library doesn’t pay for itself, but that doesn’t mean you shouldn’t do it.  To me, quality of life means something.  I want people to stay in El Paso, I want people to be proud of their downtown, so for that reason, I’m voting yes.”

 

As you can imagine, folks were inspired, and Ortega’s statements elicited well-deserved applause from the audience. 

 

Once the item passed, Cook said Council and the public would get to revisit the issue again over the next couple of weeks.  Plaza Theatre folks, you better be there; dear readers, if you support this project and believe we have an obligation to follow through on our legal commitments, make your opinions known.  District 3, 4 and 6 residents, if Lozano, Castro and Holguin are your representatives, you should tell them that you expect them to come up with viable alternatives and not simply vote no for the sake of appearing (and I emphasize the word appearing) to be protectors of taxpayer dollars.  Make them get to work!

 

Abruptly Bashful Babosos

Although the next item didn’t include much discussion, what happened after the votes were cast was what was most exciting:

 

18. CITY ATTORNEY: [City Attorney's Office, Jorge  Villegas, (915) 541-4550] Discussion and action regarding the granting of authority to the City Attorney to file a Motion in Intervention on behalf of the City and to request a hearing in the Public Utility Commission of Texas Petition of El Paso Electric Company For Authority To Increase Fuel Factor and For Fuel  Surcharge, Docket No. 31332, SOAH Docket No. 473-05-7660. (Attachment)

 

Once Norman Gordon (who looked like he was trying to suppress a pretty big smile—one probably inspired by Steve Ortega and his kick arse response to Holguin) explained the item, the vote was taken.  Lozano and Holguin voted against the City intervening in the rate case. 

 

Cook, who must have been stunned that any Council member would have voted against this, asked, “And if I could just try to clarify, for the two ‘no’ votes, you do not want the City to intervene in this rate case?  Is that what I understand?” 

 

Just What It Is

Neither Lozano nor Holguin responded.  In fact, they get this week’s award for the best paper shufflers (they did it better than any local anchor does it before a commercial break!).  Why were they shuffling papers and ignoring Cook?  Hmmm…could it be because they didn’t know or understood what they were voting against?  Could be!  I guess Jaime O. Perez had not briefed them well enough.  What incredible losers.

 

When Cook gently pressed them, Lozano finally acknowledged his questions and said, “I have my reasons.  Just what it is.  You know, that’s not [inaudible].  No misunderstanding.” 

 

That’s right.  No misunderstanding. Twin twits.  Just what it is.

 

I’ve Got the Baboso Blues

And since I’m talking about the twin twits…I’ve been watching the budget hearings and the wrap-ups, and despite the fact that local ankle biters/citizen activists like Lisa Turner, Ric Schecter and Ray Gilbert (yes…even Ray Gilbert!) applauded the City Manager’s budget, said it was good and solid, we had the two babbling babosos (Lozano and Holguin) making an attempt to (to quote a wise sage on Council) arbitrarily and irresponsibly lower the budget even more—so much, in fact, that the City would not have been able to bring the new quality of life projects approved in 2000 on line! 

 

Yes, folks, we approved libraries, and yes, we approved parks, but in Lozano and Holguin’s eyes, there’s no need to maintain those new parks, stock the libraries with books (what an absurd idea!), or staff either department to fulfill the City’s obligations to the voters.

 

Anyway, early on into one of the budget hearings, City Manager Joyce Wilson said, “The debt service side of this budget is actually what’s driving cost increases to the budget this year.”

 

William Studer, the Deputy City Manager for Financial Services said that the only way to continue issuing voter authorized bonds is to increase the debt service portion of the tax rate.  “As long as we continue issuing debt, it’s almost impossible to cut the debt service tax rate,” he said.

 

Wilson also said something very interesting:  “We need to set the debt service rate at a level that’s sufficient to service the debt.  This year we didn’t do that [emphasis added], and we had to transfer $1.2 million into the debt fund reserve to make it whole.  And you cannot do that every year, and so we have to set the debt service rate for what we owe.”

 

That’s right, folks.  The budget created by the Crony Crew—and suggested by then Representative John Cook and ankle-biter Ray Gilbert—caused the City to have to transfer funds from our streets, parks, libraries, etc. into the debt fund.  I said it then, and I’ll say it again:  bad idea, bad idea!

 

Clueless in El Paso
During the discussion, Representative Susie Byrd pointed out that one of Holguin’s recommendations was to have a $300 million bond election.  Yeah.  This is the guy who doesn’t want to take care of what we’ve got now so that he can pander to voters.

 

At one point, Holguin asked, “Ms. Wilson, why can’t you reduce the M&O rate and increase the debt rate?”

 

“We did that,” she replied.

 

Duh!  Pay attention, man!

 

Just before Holguin’s recommendations were to be presented, she informed Holguin that “The reality is, your assumptions are not accurate,” because “you used the wrong numbers, you used the ‘requested’ numbers instead of the ‘recommended’ numbers.”  Furthermore, she pointed out, his recommendations would force cuts in services and layoffs.  He vehemently denied that his dramatic (and arbitrary) budget cutting would translate into reduced services.  In the Jaime O. Perez world, you can be a hero to taxpayers by slashing budgets, no one gets laid off and the level of services actually increases!  These guys are worse than little kids with their magical thinking.

 

My friends, the Just Vote No trio (Castro, Lozano and especially Holguin) isn’t about real solutions…these three are simply about pandering.  I suspect that the nattering nabobs of negativism rarely offer alternatives because, 1) it requires effort; and 2) they’d have to defend their alternatives.  It’s far easier to criticize the work of others than to produce and defend your own work.  Now, it is true that Holguin did make budget recommendations.  However, I’m very suspicious about the fact that he did so using the wrong budget.  He’s either even stupider than I feared, or he deliberately used old numbers so his recommendations could not possibly be enacted.  That way, he can pander and get his sound bites in the local news without any danger of his irresponsible recommendations being adopted.

 

At one point in the budget hearing meeting Beto O’Rourke responded to Eddie Holguin’s speechifying by saying, “Mr. Holguin, I think your sign is pretty cute” (in a reference to a juvenile hand-made sign he had placed on the dais in front of his name plate.  It read “No new taxes,” and had a big circle and slash across “City Manager’s Budget”), and he continued, “I don’t think your logic is…in fact, I think it’s irresponsible.”   O’Rourke also later called it “arbitrary.”

 

He’s absolutely correct.  Lisa Turner also called the twin twits’ recommendations “irresponsible.”  I’m glad that O’Rourke and Turner called a spade a spade and were willing to let the public know how he felt about those sorry recommendations.  Cook later asked O’Rourke not to use the word irresponsible.

 

As a side note, while Cook asked O’Rourke to refrain from using the word “irresponsible,” the mayor never asked Eddie Holguin to remove his offensive sign.  So O’Rourke can’t speak openly about irresponsible budget recommendations, but Holguin can be juvenile and disrespectful to staff.  This brings back bad memories of Wardy’s approach to parliamentarianism.  How do ya like that?  An eight-syllable word to wake you guys up.

 

Councilors O’Rourke, Byrd and Steve Ortega all agreed that they wanted to keep spending down – within reason and as long as providing services to taxpayers was not jeopardized – but they asked Holguin to be specific about what he would cut within the budget.  Holguin was never able to respond or give specific examples of what cuts he’d make if he had his way.

 

The Jaime O(Reilly) Factor

The great moment in the meeting came, however—as it often does—from Lisa Turner, when she said she just didn’t understand where Lozano and Holguin were getting their ideas from.  She made what was undeniably a not-so-subtle reference to the Svengali-like power that Jaime O. Perez has over the reps in Districts 3 and 6—call it the Jaime O. factor (he’s the real City Representative in those districts).  Turner said that these representatives were guilty of an LUI:  Legislating Under the Influence!  I had to sit on my hands to keep from applauding when she said that, and I probably should have been shackled to my seat as well…it was all I could do to keep myself from running up to the podium to high five her (I might have been charged with assault given the vehemence of my high-five impulse at that point).

 

Anyhow, even the El Paso Times was critical of Holguin, his confusion over the budget process, and his efforts to cut the quality of life projects’ implementation http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005508040308, and poor Eddie was so upset he had the Jaime O. Factor ghost-write a response (which he signed his name to) which attacked Beto O’Rourke!
http://www.elpasotimes.com/apps/pbcs.dll/article?AID=2005508050332

 

My friends, I’m alerting you to all this so you can stay informed on the budget process, provide your input via email or phone call if you wish, and so you can know what’s happening with your City Representatives and the Mayor.  From the City’s website:

 

There will be two public hearings to consider that increase. The first public hearing will be held on August 11, 2005 at 2:00 PM in City Council Chambers, located inside City Hall at 2 Civic Center Plaza, 2nd floor. The second hearing will be held on August 16, 2005 at 9:00 AM in City Council Chambers, located inside City Hall at 2 Civic Center Plaza, 2nd floor. You have a right to attend the hearings and make comments. You are encouraged to attend and make comments if you wish.

 

I’ll be sure to watch and alert you if necessary.

 

Okay.  That’s it for this update.  I’m heading back to the fishin’ hole and I hope I don’t have to come back for several weeks at least.  But with the “Just Vote No” crew, I’m sure I’ll have to resurface again at some point.

 

Until the next alert…

 

Comments or questions: shmaven@yahoo.com

 

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