Political Influence Costs Taxpayers Millions

[Below is an op-ed piece written by Charlie Wakeem and published by the El Paso Times in yesterday's Sunday paper. It was published under the title of Wakeem: City backslides on development issues. N.B.: Charlie is a gentleman. He won't name names but I will. Brad Roe replaced David Nemir who was a stellar member of the PSB. The attorney for the PSB/EPWU at the time was Bob Andron. Fortunately he retired and was replaced by Lupe Cuellar.]

In light of the recent revelations about the dysfunction and mismanagement in City Hall, I feel it’s time for me to speak about other issues I’m aware of.
One only needs to look at the difference in city government since the 2013 municipal election and decisions City Council has made since then.  Most of the problems are already well-documented, including but not limited to issues with the city manager and Rep. Larry Romero and City Council’s lack of vision and transparency.

I have served on several city boards and committees during the past decade, the latest being the Open Space Advisory Board.  Among others, I also served on the Subdivision Ordinance Rewrite Committee, the Comprehensive Plan Advisory Committee, the PSB Selection Committee and the Capital Improvements Advisory Committee, which makes recommendations to City Council regarding impact fees.

I was formerly chairman of the Open Space Advisory Board, which advises City Council on the Open Space Master Plan.  I was term-limited from the board last summer.

OSAB accomplished a great deal in the first few years of its existence.  However, things started to change after the 2013 municipal election.  City staff began to keep board members from having a say in setting the agenda and posting items for ineffective and useless Information and Discussion only instead of Action, thereby limiting the collective voice of its citizen board members.

I can only surmise that it’s the people with political and financial influence that are behind the silencing, since OSAB is unpopular with many of those people.
The City spent several years at a cost of millions of dollars, in large part provided in grants by the federal government, for Plan El Paso, El Paso’s nationally-recognized, award-winning comprehensive plan.

It has since been shelved.  Proof of this is that it is no longer available on the city’s web site.  Once again, it seems apparent that some people with influence have convinced the City to ignore it, because Plan El Paso discourages urban sprawl.

Impact fees are strictly regulated by the state and are designed so that new growth pays for itself, instead of the taxpayers or ratepayers subsidizing the new growth.  El Paso has imposed impact fees on new growth for water and wastewater infrastructure since 2009.

Impact fees are calculated by anticipating how many new housing units will be built in new growth areas over a ten year period and the cost of infrastructure to extend water and wastewater service to those new units.  The calculation was originally roughly $2,000 per new water meter (unit) in the city’s three new growth areas when the impact fees were imposed in 2009.  City Council approved 75% of that amount in impact fees.  That left the rest of us still subsidizing new growth for about $500 per unit.

Every five years the state requires impact fees to be recalculated.  In 2014 the El Paso Water Utilities calculated about $35 million more for infrastructure to serve the East and Northeast new-growth areas with a slight increase in the West.

I had term-limited off the Capital Improvements Advisory Committee by then.  The East and Northeast new growth areas are now approximately as much as $4,000 per unit.  The Capital Improvements Advisory Committee, the majority of whose members belong to the El Paso Association of Builders, convinced City Council to withhold any increase.

You and I are now left with subsidizing new growth for water and wastewater costs at up to $2,500 per unit.

Also, in late 2014, the PSB Selection Committee, met to select the engineer position on the PSB.  The incumbent was the very highly qualified David Nemir, who had already served on the board for the previous four years and was eligible for another four year term.  One of the other applicants, who I will not name, was a land development engineer.

There is a policy that land development engineers do not qualify for membership on the PSB due to a possible conflict of interest.  I pointed this out at the meeting.  However, the attorney for the PSB/EPWU said the applicant had recently sold his engineering firm and retired.  If he sold his firm and retired, why is he still representing land development clients at the City?  I’ve personally seen him do so.

The mayor, who serves on the PSB and chairs the selection committee, was absent at this PSB selection meeting.  The selection committee proceeded to re-nominate Dr. Nemir by a wide margin. 

When the committee’s recommendation subsequently went to City Council, the land development engineer was inexplicably appointed in place of Dr. Nemir. City Council has the right to appoint anyone it wants, but we have to ask ourselves whether political influence was involved. 

The best way for citizens to make change is elections.  Let’s choose the candidates with integrity and a vision for our city, who work for us and not self-serving financial interests. 
   
Charlie Wakeem

Where Are We with the Petition to Preserve Land?

What's going on with the efforts to preserve land on both sides of the Franklin Mountains? A petition sponsored by Franklin Mountains Wilderness Coaltion, elpasonaturally and others drew more than 6,000 signatures. I personally presented the results to City Council and to the Public Service Board. Since then members of FMWC have spoken with City Council members and other local officials. 

A very significant step in determining what can (and cannot) be preserved was taken this morning. Twelve people gathered at the El Paso Water Utilities to begin discussing a "preservation plan". PSB/EPWU Attorney Lupe Cuellar chaired the meeting. Besides myself, there were representatives from city planning and parks departments, the building and development community, a conservation educator, a wildlife expert, a licensed architect experienced in urban planning, two representatives from the city's resiliency and sustainability office, a land conservation expert along with two attorneys (including Ms. Cuellar) from EPWU.

As the land in question is managed by the PSB, it is appropriate that the conversation begin there and a preservation plan originate there.  The group will work with two foundational principles in mind: there is land that can and should be preserved and there is land that can and should be developed. 

There was some initial discussion about criteria for preserving the land such as ecosystem services. The conservation educator, the wildlife expert and the land conservation expert mentioned ways to quantify those services. The architect hit a homerun when she said that we identify ecologies that we should preserve. 

The group will continue to meet monthly.

I'm excited. Stay tuned. - Jim Tolbert

P.S. You can still sign the petition online.


Please visit www.celebmtns.org for information about 2015 Celebration of Our Mountains events.

Cuellar To Replace Andron at EPWU

Here's some good news - great news really: Real Estate Manager and Counsel for the El Paso Water Utilities, Lupe Cuellar, will replace General Counsel, Robert "Bob" Andron. Mr. Andron officially retires tomorrow, May 29, 2015. Ms. Cuellar takes over as General Counsel on Monday, June 1, 2015. 

Cuellar has been a strong advocate for open space and conservation while remaining fair to other stakeholders. elpasonaturally was happy when she was put in charge of open space acquistions. She proved to be hugely successful with her negotiations for open space purchases. Following the direction of CEO, John Balliew, Ms. Cuellar put together a team and crafted a new and environmentally-sensitive wildlife and vegetation policy for the utility. She has also kept in mind the interests of petitioners and the compromise known as the Northwest Master Plan and elpasonaturally believes that she and Balliew were instrumental in saving that master plan from a potential threat to submarine it.

On the other hand, elpasonaturally has been critical of Mr. Andron particularly regarding an attempt to enforce a gag rule on PSB members following an objection by then PSB member, Rick Bonart, over a donation to the College of Engineering at UTEP. Dr. Richard Schoephoerster is the Dean of that college and the Chairman of the PSB.

Lupe Cuellar has a Master of Arts from Texas Tech University and a JD from the University of Texas at Austin. She was the Assistant City Attorney for the City of El Paso from 1996 until 2012 (over 16 years of service). She then became the Real Estate Manager and Counsel for the EPWU.

Andron is out. Cuellar is in. "God's in his heaven; all's right with the world." Well, at least this corner of that world.

So what happened?

Yesterday by a vote of 6-1 OSAB recommended to City Council that the 10% of the stormwater fee for open space/stormwater projects be diverted to immediate flood control projects. Two points: the key words in the recommendation (and in the Mayor's proposal) are "up to $3.2 million". That is the amount that, under the current stormwater fee, will be collected over the next two years for open space. In our conversations with the Mayor and again at yesterday's OSAB meeting, I wanted to make it clear that we were only talking about the $3.2 million and not more revenue expected because the stormwater fee is most certainly going to be raised. The Mayor was on hand to give his presentation (a first as far as I know for a Mayor to come to the Board) and he personally stated that his request was for what will be collected in 2015-2016 and 2016-2017 under the current rate. The rest he assured us goes into the open space coffers. 

The second point is this: much of what OSAB has sought to preserve as natural open space with stormwater function has now closed or soon will close. There is money on hand. Making this so is largely the result of EPWU attorney Lupe Cuellar's efforts for which she is to be showered with kudos. Here is her report from yesterday:


Click on the icon with the 4 arrows at bottom right to enlarge and scroll.

What's Next with the NW Master Plan

After a discussion in City Council last week I voiced the concern that the NW Master Plan could be in danger of becoming a conventional development and its arroyos just a memory once the bulldozers started up. I wondered whether Council was ready to jettison their agreement with the 2011 petitioners, the PSB, city staff and many others who worked for about a year to forge the Plan as part of a win-win solution.

This past Sunday, the El Paso Times published a story about the same concern by investigative reporter, Cindy Ramirez. 

Mayor Leeser invited me to a meeting at his office yesterday. Also in attendance were John Balliew, Lupe Cuellar, Kristen Hamilton and Taylor Moreno. The Mayor said that he had no intention of changing the plan. His main concern was to sell some land. He stated and Balliew confirmed that Balliew had said that the Plan must not be violated. I told the group that I was delighted but that it would be good for the City Council to follow the Mayor's lead and reaffirm the NW Plan and its use of smartcode.

A number of us had met at my home on Sunday evening and agreed that I should ask Council to place on its agenda an item reaffirming the NW Plan and its use of smart code. In addition, we agreed that Council should show good faith by placing PSB Open Space in the NW Master Plan under a conservation easement.

With a large group behind me, I made these requests at Council this morning. Rep. Ann Morgan Lilly said that she would place our requests on the City Council agenda.

Here is the text of my words to Council this morning:

I was the author of and principal organizer for the 2011 initiative petition to save 900 acres of natural open space associated with the Transmountain scenic corridor.

We successfully gathered the necessary signatures from over 1600 people. 

Rather than voting on the petition wording, City Council members, along with petitioners, agreed on a process which culminated in a new NW Master Plan. During that process a vote on the petition was routinely postponed and then finally deleted when we agreed on the compromise. 

Approximately a year of work went into forging a deal. Dover Kohl conducted well-attended workshops, charrettes, and meetings with the community, the PSB, City Planning, Engineering, Parks and Recreation and other staff.

This plan, which cost $600,000, included smart code, state-of-the-art Green Infrastructure/Low Impact Development techniques for stormwater conveyance, and infrastructure designed to maximize arroyo preservation, open space, and the scenic corridor.  The PSB approved the plan and City Council adopted the NW Master Plan.  It was an example of a true collaborative ‎effort. 

The NW Master plan was and is an expression of the will of the people as was Plan El Paso that took two years and 2 million dollars and the input of thousands of El Pasoans.

 

‎I was shocked and dismayed when I watched this City Council at its March 17th meeting take action seemingly to begin to dismantle the agreement by removing smart code as well as  other agreed upon development  restrictions, and explore the sale of the land in small parcels for conventional style development.   Along with many others I noted with dismay that there are similar intentions with the NE Master Plan including Painted Dunes. There seems to be a material breach of all of our prior agreements and promises. 

If carried forward, action that would in effect scuttle the NW Master Plan would overturn the real, democratic, grassroots decision-making we did with Plan El Paso, the 2011 Transmountain petition and the NW Master Plan. 

 

I want to thank the Mayor who has given me his personal assurances that no changes to the NW Master Plan will be made. I ask for the same assurance from City Council. It would go a long way toward restoring trust and good will if City Council will put on its agenda an action item reaffirming the NW Master Plan. We would like the City Council to affirm the following at next week’s meeting:

1. First, that you are still committed to the NW master plan as adopted, and

2. Second, that you support the current smart code zoning and will not try to remove it, and finally

3. That as a sign of that reaffirmation, you direct staff to place a conservation easement over all of the Public Utility Open Space in the NW Master Plan.  

Without assurances, we may have no other choice except to get more signatures for a ballot referendum and/or pursue other legal means.

Good News on Open Space Acquisitions

There was one good piece of news that came as a result of last week's PSB meeting. During the discussion on stormwater and other budgets, I addressed the board and pointed out that, with the exception of the Palisades and a couple of other minor purchases, the portion of the stormwater fee set aside to purchase open space was being used for parks and ponds - shrubs and sod was the way I put it. (I had previously blogged about the issue HERE.) Having been on the Open Space committee and then Board for 5 years, I am well aware of this issue. The EPWU spokesperson would come to OSAB meetings and discuss EPWU interest in a piece of land - but it was always just talk. (That person btw was Rudy Valdez. He's a great guy and was only passing on information. My mentioning a spokesperson to the Board was not meant to be a criticism of that person just of the emptiness of the EPWU's message over 5 years.)

It turns out that the new person in charge of acquisitions at the EPWU is none other than Lupe Cuellar.  Now that's the good news! The conservation community can have confidence that Ms. Cuellar will be more diligent and focused on open space purchases.

There is a caveat of course. The mere announcement of interest in a section of private land can drive up the price. There not only has to be a willing seller but a seller willing to be reasonable and even civic-minded. 

When I voiced my concern/criticism at the PSB meeting, CEO Balliew did point out that negotiations in the past had not worked out not because of the EPWU but because of unwilling or unreasonable sellers. I'm sure that has been the case in many instances. However, five years of nothing except the Palisades and parks and ponds tells me that there has been a lack of focus and willingness on the part of the EPWU. After all, the political will in the City has been biased toward park ponds. The purchase of parks and ponds is something City reps can point to proudly. It's pork in El Paso. That money included shrubs and sod although Balliew mistakenly told the Board otherwise. I'm afraid that he left the impression with some of the more reactionary members that the EPWU was innocent regarding the slow pace of purchasing open space. On the other hand, the fact that some members wanted to know the reason for the slow pace reveals that they do want to see natural open space purchased. It will be helpful to keep asking the question. The proof, as I told John Balliew after the meeting, is in the pudding - with open space, with pipelines to the Rio Bosque and so forth. Talk is cheap.

It is true that the ordinance which created the 10% of stormwater money to buy natural open space (which has stormwater function) included the purchase of park ponds. It was the only way politically to pass the measure. However, it seems that reps continue to find ways to spend that money for park ponds. El Paso Engineer Alan Shubert let slip at a Council meeting not long ago that the City was looking at more land for park ponds. That was before he found himself overseeing the stadium project on behalf of the City. Of course, there was the Johnson Basin boondoggle - the purchase with open space money of a vacant lot with a paved asphalt parking lot. It has been decades since any natural arroyo existed in the area. It has long been residential land dominated by William Beaumont Hospital below a busy thoroughfare, Alabama Street. (Pacemaker bioengineer and PSB Chairman Schoephoerster [PSB has something to do with water not hearts - right?] said, you will recall, that it looked like natural open space to him. (See video HERE and more HERE and HERE.) God I hope Dean Schoephoerster had nothing to do with the pacemaker inside of me!)

Anyway - good news. Lupe Cuellar is in charge of open space acquisitions at the EPWU.

EPWU Issues New Policy Mindful of Wildlife

A new policy regarding the clearance and dredging of irrigation drains was authorized by EPWU CEO John Balliew this past Friday. The policy was written in response to the massive destruction of animal habitat, including bird nests, and vegetation along the Montoya and Nemexas drains this past summer. That destruction was ordered by El Paso Water Improvement District Manager Jesus "Chuy" Reyes following a brush fire and a complaint by a prominent El Paso attorney. The El Paso Water Utilities was forced to help with the clean-up by prior agreements with the water district.

The extreme clear cutting of the drains resulted in an outcry from people living in that area of the Upper Valley, the El Paso conservation community and wildlife experts. Elpasonaturally had a number of posts about the operation beginning here.

John Balliew acted quickly to develop a new water utility policy that would be more mindful of animal life and vegetation. He put EPWU attorney, Lupe Cuellar, in charge of writing that policy. Ms. Cuellar worked with wildlife experts such as John Kiseda and Rick LoBello of the El Paso Zoo and Urban Wildlife Biologist, Lois Balin, along with leaders in El Paso's open space community. Very significantly she worked with utility field operations - the persons who actually do the work of maintaining the land. The new policy is written as a guide for field management.

Sensitivity to the nesting season and limiting the amount of vegetation to be cleared away during any given operation are central to the policy. Before any work can be done the EPWU's Environmental Planner will make an evaluation. That person has been identified as Valerie Provencio, the utility's archaeologist with expertise in ecology. A calendar governing the scope of operations was adopted as part of the project.

Here is the memorandum stating the policy and initialed by Balliew:

EPWU Canal Clearing Policy 101813