Tuesday, February 24, 2015
Kill this Vampire or Is It a Zombie?
Emma Acosta (recently I've been agreeing with her) said that voters had designated that 10% for open space and their vote should be respected. Paraphrasing Carl Robinson, he said that people vote on lots of things but it is no big deal to change that vote. The Mayor said that he might try to approach open space people again.
Somebody kill this vampire. Or, is it a zombie that just keeps coming? To take the open space money for something for which is is not designated undermines that fund, the acquisition and preservation of open space, the stormwater utility and the Public Service Board.
Dr. Rick Bonart, a candidate for City Council District 1 and a former PSB member, suggests other ways to finance emergencies such as Diana Drain or flooding along Transmountain or I-10 and so forth:
1. If there are real emergencies John Balliew, CEO of EPWU, could pull from the O&M budget because there is elasticity there.
2. The increase in the stormwater fee should, via revenue bonds, be able to generate more that enough cash - a product of the recent rate increase.
3. Implementing a stormwater impact fee is more appropriate than diverting funds the public specifically voted on and decide to use as open space money.
Dr. Bonart stated unequivocally: "This money [the 10% of the stormwater fee] should be used for genuine open space projects only and that's it.
By the way, HERE is the agenda for yesterday's special council meeting. The conversation drifted from the agenda to flood issues to funding issues to taking open space money. Obviously, until the Council gets the fact that voters (i.e., citizens - and, no, Mr. Robinson you cannot overturn a vote just because you don't like it) designated 10% of their stormwater fees for open space, they can't contemplate its use for something else. More importantly, until they value the preservation of open space, they will continue to contemplate using that money to finance their shortfalls.
Also by the way, there were only 2 citizens from the general public in attendance. Perhaps 30 or 40 staff members were there.
Are these special council meetings (which now seem to be more often) a means to get around public comment and participation? Another vampire. Or a zombie.
Tuesday, December 30, 2014
Open Space Should be Included in New Community Developments
Mr. Swaner has shared a presentation that The Frontera Land Alliance feels would be of interest to all. His findings state that there are two basic reasons that make open space so important. On one hand, there are many advantages to conserving and protecting open spaces, including physical, psychological, economic, and ecological gains. On the other hand, there are disadvantages to losing open spaces. Opportunities for exercise and for mental/emotional fulfillment are diminished. Aesthetic quality, habitat connectivity, and environmental conditions are degraded. Open space is important, therefore, both as a means of capitalizing on major benefits and of avoiding serious costs.
The open space connectedness survey, conducted by Mr. Swaner, consisted of 800 randomly selected people from seven states, who participated in phone or online interviews: approximately 115 participants each from California, Colorado, Georgia, Illinois, New York, Oregon, and West Virginia. They targeted specific counties within each state were targeted, in order to reach people living in a range of urban, rural, and suburban areas.
The open space connectedness survey had three objectives. First, to determine the opinions and feelings of Americans regarding their connection to open space in their residential communities. Second, to confirm that, in addition to deriving physical and recreational benefits, Americans have a deep psychological connection with open space. Third, to determine Americans’ preferred methods of residential open space planning. The survey had two targeted research questions: 1) Is there a preference for development with a significant proportion of open space? 2) Is this preference so important that city planners need to integrate open space into their planning and subdivision regulations?
The open space connectedness survey showed that the majority of Americans place a high value on open space. More than 80% of respondents agreed or strongly agreed with these statements: “Open space is important to mental well-being,” and “Open space is an integral part of any community.” Regardless of age, geographic location, urban or rural living conditions, and even political affiliation, people across the country feel that their community cannot do without open space, and that open space is important not only for exercise and recreation, but for mental and emotional health and rejuvenation.
Americans are calling specifically for open space planning and development. Around 75% of respondents agreed or strongly agreed with these statements: “Open space should be automatically included in new community developments,” and “Real estate development and land conservation should occur together.”
Similarly, around 60% of respondents agreed or strongly agreed with these statements: “I would prefer to have my same residence, but in a neighborhood that has large, shared open spaces,” and
“A lack of coherent planning of open space will prevent conservation.” Residents quite clearly think that their cities should be taking active steps to protect the places they love.
The Frontera Land Alliance is working with a wide variety of agencies ranging from local, state and federal to achieve these very goals. If you are interested in conserving your land whether it is urban or rural feel free to contact The Frontera Land Alliance at 915-351-8352.
The Frontera Land Alliance
Janae Renaeud Field
915-351-8352
janae@Fronteralandalliance.org
Wednesday, December 3, 2014
Diversion of Open Space Funds May Now Be Dead Except for Park Ponds
Just a few minutes ago I sent an email message to the Mayor and Ms. Niland. Here is what I wrote:
"Mr. Mayor and Ms. Niland,
"It appears that there is substantial pushback to the proposal to divert up to $3.2 Million from open space funds for flood issues. I certainly understand your need to delete the item yesterday, Mr. Mayor. Given the pushback from some on City Council and substantial opposition to the proposal among many in the public, it may be best to just let this one die. I like "creative financing" but know that there are funds elsewhere to accomplish the same tasks. Additionally, the current PSB rate increase now just makes more sense.
"I have been concerned that some see open space funds as just a means of buying "pretty" land. As you know, those funds are to purchase natural open space land that has stormwater function. In other words, those funds are meant for the health, safety and welfare of all persons in the City of El Paso. I have also been concerned that the open space funds will become just a "slush" fund for other projects. I know that you both do not want that to happen and I appreciated your willingness to place restrictions on the proposal. But given the failure of some to see that the funds are meant for the safety of El Pasoans and instead see them as a frivolous means of purchasing and conserving land for being simply "pretty", then the use of this money as a slush fund may become the rule and not the exception in spite of our best intentions.
"Of course, conserving land is critical given the scarcity of our most precious and needed commodity: water. Moreover, such conservation prevents the burden of higher property taxes for additional infrastructure, maintenance and services. Too much development on the edges of a town does not pay for itself but creates additional expenses for the city and the taxpayers. Infill projects such as the Northgate project which you approved yesterday and called "incredible for the city" do more than pay for themselves - they are indeed a boon for jobs.
"I certainly value and appreciate the leadership both of you are giving the city. Your theme that El Paso is open for business is so exciting and it is working. Jobs mean more revenue from sales tax and thus a way to alleviate the increasingly unbearable burden of property taxes. I am grateful to you for seeking my input. I hope that we can continue to work together on many other items. "Green" and "prosperity" go hand in hand. A resilient city needs both. You know that you can call on me at any time.
"Sincerely and with all best wishes,
Jim Tolbert"
Let us hope that this is now a dead issue and move on to the more critical issues of water scarcity and land conservation. There is much to be done here and park ponds are not part of the solution. Those on Council who wish to take open fund money for park ponds are doing so against ordinance.
Let me quote Charlie Wakeem from an email he recently sent:
"No where in the Municipal Drainage System Ordinance of June 19, 2007 does it state that the 10% money could go for park ponds. If that was the intent of council while you were there, Susie, then it should have been stated in the ordinance. The ordinance specifically states, Section III (C) "Notwithstanding anything herein to be contrary and even to the extent such operation may constitute storm water maintenance, the city shall continue to be responsible for ... (iv) parks"." Section III (D) "The Capital Plan shall identify stormwater infrastructure projects (including land acquisitions) which have the potential dual purposes of storm water management and preservation of the City’s open spaces, greenways, arroyos and wilderness areas in their natural state in accordance with the City’s Open Space Master Plan and the City’s Parks and Recreation Master Plan (“Green Projects”). The Board shall allocate an amount equal to ten percent (10%) of the System’s annual drainage utility revenues for such Green Projects". [emphasis added] There is nothing ambiguous about the ordinance. If council wants to change the ordinance to include park ponds, they have the power to do so, but it wasn't what the community voted for when it endorsed the ordinance which established the Municipal Drainage System.
"I've always been in favor of park ponds where they are safe (i.e. shallow in grade and depth), but it's a Parks budget item, not the Storm Water Utility's. Also, ponding areas should be planted with the use of native vegetation, which do not require watering and manicuring, as recommended in both the Parks and Open Space Master Plans."
I'll write more about all of this later.
Wednesday, December 18, 2013
Park Ponds? Really?
Hi Jim,
Once again, another good post. I'd like to clarify something from it for you. Nowhere in the Municipal Drainage System Ordinance does it state that the 10% Open Space money could be used for the purchase of ponds or for park improvements (e.g. sod, turf & shrubs) to ponds. I've read the ordinance over and over and over, and there's no other way to interpret it. I admit I'm one of those who succumbed to city council's pork by not opposing the use of the 10% money for park ponds in their districts. The following is a cut and paste of the actual ordinance. I highlighted the important phrases and highlighted the most important phrases. Show me, if you can, anywhere where it authorizes the use of the 10% money for the purchase of or improvements to park ponds.
Charlie
WHEREAS, the City has adopted an Open Space Master Plan which emphasizes open spaces and natural areas as a possible method to help manage storm water, reduce flooding risk and improve water quality;
SECTION III.
ESTABLISHING AND MANAGEMENT OF THE SYSTEM
B. The Board [PSB] shall cause to be prepared a Master Stormwater Management Plan (“Stormwater Plan”) which shall be approved by the City Council. In developing the Stormwater Plan the Board shall take into account the use of open space as natural drainage and to extent reasonably possible preserve the City’s open spaces, greenways, arroyos and wilderness areas in their natural state as a means to assist in the management of storm water and in accordance with the City’s Open Space Master Plan.
C. Notwithstanding anything herein to be contrary and even to the extent such operation may constitute storm water maintenance, the City shall continue to be responsible for … (iv) parks.
D. The General Manager shall bring to the Board annually a Stormwater Capital Improvement Plan (the “Capital Plan”) for approval which shall include both short and long term objectives. To assure compliance with the Stormwater Plan the City’s Flood Plain Administrator shall review the proposed Capital Plan prior to its presentation to the board. The Capital Plan shall, to the extent reasonably possible, include the use and maintenance of arroyos and other natural drainage drainage systems as a means to manage stormwater and otherwise take into account environmental best practices in the construction of any stormwater infrastructure. The Capital Plan shall identify stormwater infrastructure projects (including land acquisitions) which have the potential dual purposes of stormwater management and preservation of the City’s open spaces, greenways, arroyos and wilderness areas in their natural state in accordance with the City’s Open Space Master Plan and the City’s Parks and Recreation Master Plan (“Green Projects”). The Board shall allocate an amount equal to ten percent (10%) of the System’s annual drainage utility revenues for such Green Projects.
Good News on Open Space Acquisitions
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.
Wednesday, October 3, 2012
The Bosque and Untied Blue Ribbons
Wednesday, July 21, 2010
EPWU Responds to Another Big, Ugly Pond
"In this case, the dam and the area behind the dam had not been maintained in many years if ever. The outlet where the controlled release of water is supposed to occur was completely covered by several feet of soil. In order to remedy that situation, we built access road, desilted the bottom and filled some eroded areas on the dam slope. We did not disturb the remaining sides of the area behind the pond. We recognize it is highly visible from scenic drive, but it is a high dam and the work had to be done. We do not plan on re- vegetating, but we will not again disturb vegetation on the bottom until sufficient fill comes in to require removal. Unfortunately, we cannot allow shrubs and trees on the dam slope as this can provide a pathway for water flow and subsequent dam failure and we would be cited by either TCEQ or the Corps of Engineers (as appropriate) during inspection and enforcement.
Keeping the dam slopes free from shrubs and trees and keeping the outlet free flowing is critical to maintaining the safety of the public below the dam. As a note, the five ponds that we desilted last year were not re-vegetated yet are beginning to recover. We are working two more near Scenic Drive but those will be disturbed less and will be a little less visible."
The U.S. Army Corps of Engineers agrees that what EPWU is doing would likely be authorized under Nationwide Permit 3 - Maintenance. In addition, UTEP Engineering Professor John Walton says that Balliew is being reasonable.
Erosion control is still a concern as well as being more pro active re-seeding the area. Elpasonaturally still wonders whether planning remediation ahead, even if no agency requires it, wouldn't be the way to go.
Thursday, July 15, 2010
Another Big, Ugly Pit
A little over two years ago members of the Newman Park Neighborhood Association met with top officials of El Paso Water Utilities. Their concern was the planned "clean-up" of the Altura detention pond. Neighbors wanted assurances that trees and other native vegetation would be preserved as much as possible. The EPWU corporate brass promised that trees would be preserved and only some vegetation would be removed to create a truck lane into the pond. When the project was done, neighbors were stunned to see a moonscape. Trees and other vegetation all around the pond had been scraped, bulldozed and hauled off.
Thursday, June 3, 2010
El Paso and El Pasoans Deserve the Best
To all,
I was very happy to see the article in today's paper regarding the Palisades.
Ultimately, I hope we share a common goal: to provide El Pasoans with usable open space and associated amenities like those I've experience in other cities.
The black letter of the law allows the 10% storm water funds to be spent on facilities, trails, etc. as long as there is a storm water nexus. 'The Capital Plan shall identify storm water infrastructure projects ( including land acquisitions) which may have the potential dual purposes of stormwater management and preservation of the City’s open spaces . . . '
Since inception, the PSB has been charged with land management. As we purchase open space and accept open space easements, we need to manage these properties for their intended purpose. Considering cost, legislative effort, and location, it is unlikely that every parcel (if any) of acquired open space will be suitable for transfer to the State Park. Fallow lands have recreational value and as fiduciaries we must maximize those opportunities.
We have all the tools at hand. We have the money! The proposed projects are fully vetted. Maintenance of the trails will be done by the users who created and currently groom them. Operation & Maintenance of correctly designed facilities will be miniscule in the context of our other responsibilities.
El Paso has long suffered from a pathologic self deprecating attitude. Our Mantra: 'We are a poor community that can't afford . . .'
Unfortunately, I feel some resistance inches from the goal [" to provide El Pasoans with usable open space and associated amenities . . . "]
Perhaps it's fear of change or fear of success?
This is not just an opportunity - it's a need for the PSB to lead and allow our community to enjoy some long overdue treats.
It's OK we deserve it.
Please pass this along.
Rick
Wednesday, February 3, 2010
More Franklin Mountains Land to Go to Open Space?

It seems that owners of 26 acres of land west of Scenic Drive on the east side of the mountain and another 623 acres further north near Hondo Pass are for sale and the owners have indicated that they would prefer to see the land be preserved as open space rather than be developed. However, they have indicated that they need to make a decision soon.
Discussion and action on directing staff to negotiate for parcels on the east side of the mountain owned by Daniel T. Knapp, R.E. Knapp, Palo Verde Properties, R.E. and R.A. Knapp for the purpose of open space preservation.
I wanted to let you know about an item that I posted with Rep. Robinson on Tuesday's council agenda during Executive Session. There are 26 acres of land available for sale west of Scenic Drive between Wheeling and Savannah [see map posted above]. You have probably seen the For Sale sign. Ideally, I would like to see that land preserved as part of the Franklin State Park. My sense is that most people would agree and would not like to see it developed. The owners would like to see it go to that purpose also but they are paying taxes on the land and need to make some decisions about it soon. I think we might have an option where we could do some sort of short term arrangement with them (a lease or an option) that would allow us a little bit of time to go make a case to the State to buy it. I'm going to ask council to authorize staff to begin negotiating with the property owners to do this.
It would be great to get letters of support to preserve the land for open space . . . “ I would need all of this by Monday though. If you can't have a formal vote on this, can you request that individuals who are supportive email me a note of support?
Thanks. Let me know if you have any questions and if this is something that you might be able to do.
Susie
City Council Representative, District 2
Wednesday, June 10, 2009
City Council Creates new Open Space Advisory Board
At their regular meeting yesterday and by a 7 to 1 vote, the El Paso City Council created a new Open Space Advisory Board. Currently there is an Open Space sub-committee of the Parks and Recreation Advisory Board. Beginning with a retreat attended by some committee members at the end of January, a proposal was slowly formed to create a separate advisory board appointed by the Mayor and Council in order to focus additional attention on open space.