Help Keep Wakeem Teschner Nature Preserve Beautiful

This Saturday is the Great American Clean-up sponsored by the City of El Paso and Keep El Paso Beautiful. One good way to observe the day is to come out and help clean-up the Wakeem Teschner Nature Preserve in Resler Canyon beginning at 7 a.m. on Saturday the 17th.

Mike Gaglio, President of the Frontera Land Alliance, sent out this invitation:

Please join The Frontera Land Alliance and the Loretto Green Team this Saturday, October 17 from 7am to 11am for a clean up of the Wakeem Teschner Nature Preserve in Resler Canyon. This event is being coordinated as an El Paso Pride Day event in collaboration with Keep El Paso Beautiful.

As usual, we will set up in the Currey Adkins Parking lot at the end of Alto Mesa. Click here for a map.

We will bring tools, bags, water and a little bit of shade. Please bring your own gloves, hat, and sunscreen (or maybe a jacket).

If you have questions, you can call Scott Cutler at 747-6668 or 581-6071 through
Thursday evening. After that, please call Mike Gaglio at 490-8601.

Please feel free to pass on this information to friends.

See you there!
-Mike

Jobe Destroys the Mountain to River Corridor

The Lower Sunset Trail destroyed

Stanley Pruet Jobe has destroyed the Lower Sunset Trail and with it the cherished mountain to river corridor. With bulldozed trails he has marked his territory much like many male mammal beasts mark theirs with their odorous urine. His No Trespassing signs are aligned like a barbed wire fence over and around the hills above Arroyo 42 and dip down into what was once scenic walkways of sedimentary rock and animal habitat.

Just this past Monday evening Jobe met with the Borderland Mountain Bike Association who first discovered his clandestine slashings of huge swaths of desert. He told them pointedly that he intends to quarry 480 acres of the land that the State of Texas General Land Office leased to him. He is in the right place where transporting mountainsides of dirt and gravel to developers, road builders and landscapers will be cheap and easy and very profitable.

He did promise to build a new trail for the mountain bikers. He has after all proven himself adept at the art of public relations, the price of doing business. Convicted of conspiracy to commit bank fraud and bank fraud, Stanley Pruet Jobe served time, was paroled and then pardoned by President Clinton on his last day in office - the same day that the former President pardoned the notorious Marc Rich. Jobe has learned how to curry favor with charities, contribute to politicians and political organizations (including Mayor John Cook) and advertise well with local news publishers.

The Lower Sunset Trail is one of the best loved, often frequented trails with trailheads in the Franklin Mountain States Parks. It has utilized bike trails through beautiful arroyos that begin in the park and flow toward the Rio Grande.

Jobe's extensive bulldozing from the air

A recent aerial surveillance of the destruction by Jobe revealed that Jobe cut into FEMA #42 at Trail Marker #6, the Mountain to River trailhead. At the time of my first post about Jobe's full frontal assault on the arroyos, an effort was being made to convince him to leave alone a portion of Arroyo 41A that straddles the southern General Land Office property line with the Public Service Board. Jobe wouldn't deal.

Of course, the General Land Office is probably just as complicit as Jobe. They leased their land with Planned Mountain Development Zoning on it - the toughest zoning in the City of El Paso. This parcel of land is one of the most pristine in the City and it will now be subjected to the worst possible land use. Arroyos and mountainsides will disappear as Jobe's No Tresspassing markers and bulldozed roads foreshadow. The GLO is exempt from local zoning ordinances and they knew that when they leased the land to Jobe. The right thing would have been to sell the land to State Parks or even a developer. The land then would have come under tight development restrictions which would have enabled the City to regulate the mountain to river corridor on that land.

Jobe had told public officials that he would not do anything with the land next to the State Park for five years. It is not certain why he changed his mind. However, his actions have destroyed the mountain to river corridor.

He currently operates a quarry to the northwest of the area.

GLO leased land owned by the People of the State of Texas

Throughout the summer, my hiking group (the Sunrise Hikers) often enjoyed treks on the Lower Sunset Trail. The beauty of the rock, the hills, the plants and animals added to our adventures. Soon, very soon, unless something is done - Stanley Pruet Jobe will decimate this land as he has done and is still doing around the City.

Parks Department Protects Trees During Construction

The Parks and Recreation Department of the City of El Paso moved quickly recently to protect mature trees at a City construction site. Parks Superintendent Sam Calhoun made sure that stands of mature Afghan pines and mixed deciduous trees were fenced off at the construction of a new Cielo Vista Library at Vista del Valle Park on Hawkins Blvd.

What has happened too often in the past is that the root systems of mature trees are not protected during construction. Contractors too often allowed their heavy machinery to drive over the area of the root zone of mature trees and to park in the same area. Soil is severely compacted this way thus preventing any air to reach the roots. In addition, leaks of fuels and oils from the equipment also would damage the roots. In short time the trees would die.

Urban Forester, Oscar Mestas, was ecstatic over the protection of the trees. In an email distributed this afternoon, Mr. Mestas wrote:

"I want to give major big KUDOS to the El Paso Parks Department. I have been here 18 years and this is a first. Other than what Sun Metro did back in 1998 to protect the State Champion Aleppo Pine tree downtown, I have never seen fencing around mature trees on a construction site. This simple easy step is doing great things to protect the root zones of these trees.This is in my opinion a major milestone. It looks to me that El Paso is making great strides in public tree care."

Kudos to Parks and Recreation led by Nanette Smejkal and to Sam Calhoun.

Scenic Sundays Move to 7 AM

Representative Beto O'Rourke strolling with family at the recent Scenic Sunday "Walk through Time" event

Beginning this Sunday, October 4, Scenic Sundays will run from 7 a.m. until Noon. The new time will be in effect until next spring.

Scenic Sunday is a year-round program sponsored by District 2 of the City of El Paso and the Newman Park Neighborhood Association. Scenic Drive is closed to all vehicular traffic from Richmond to Rim/Robinson during the posted hours. El Paso Police Department officers are on hand to block the road to vehicles and provide security for all participants.

District 2 Representative Susie Byrd says: "Now that the weather is cooler, it's a a great opportunity to get outside, get some exercise and enjoy the views of El Paso."

Most Sunday mornings Byrd is found walking along Scenic Drive.

Bulldozing Interrupts Key Mountain to River Corridor

Bulldozing on Lower Sunset in critical Arroyo 41A Mountain to River Corridor

Looking east from slickrock boundary

Members of the Borderland Mountain Bike Association recently discovered damage to the key arroyo corridor known as the Mountain to River Trail. The damage was done along the Lower Sunset Trail of the Franklin Mountain State Park in NW El Paso. Jobe Materials, which operates a quarry just to the west of the State Park, has admitted to bulldozing the area. Whether the area bulldozed was completely on State land leased to Jobe is being determined. The State Parks and Wildlife office is having their GPS survey analyzed at the State office in Austin. There is also some question whether the bulldozing affected PSB property.

Of course, if all of the area bulldozed was on land leased by Jobe, Jobe would be legally within their rights. What is questionable is whether the action was ethical in light of the need to preserve Arroyo 41A, the critical mountain to river corridor.

I have learned that Stanley Jobe is sensitive about the environmental issue and has promised that there will be no further damage. Jobe Materials has been a frequent contributor to many local charitable events. Some hope that their good corporate citizenship will continue and that they will mitigate the damage done to this arroyo while helping to preserve other arroyos.

Dave Wilson from the bike Association said: "It looks like they took a dozer for a joyride in order to put out boundary markers. The paths go to almost every marker they put out."

Two video clips showing the results of the bulldozing can be seen beginning here.

Looking west

Click to enlarge map. Follow Flow Path 41A

Mountain Committee Duties Given to Open Space Advisory Board

In order to streamline government and save the taxpayers of El Paso some money, City Council at its meeting yesterday eliminated 7 advisory boards or transferred their duties to another board or commission.

In the past the Mountain Committee has been tasked with reviewing development applications in the hillside and mountain development areas which contain the bulk of El Paso's ecologically sensitive land so that development doesn't disrupt the environment in those areas. Staff recommended to Council that CPC assume these duties.

However, some citizens approached board members and suggested that the Open Space Advisory Board take over the Mountain Committee duties. At the Council meeting Sierra Club President, Bill Addington, also spoke in favor of OSAB being the best home for the Mountain Committee's former oversights. Representative Byrd requested the change and Council passed her recommendation.

Charlie Wakeem, a member of the OSAB, was jubilant. He announced to others: "When the item to abolish the Mountain Committee came up, Susie Byrd made the motion to turn its duties over to the OSAB. It passed unanimously!"

Also at yesterday's meeting, the Council approved the appointment of Mr. Addington to the Open Space Board - an appointment made by Representative Rachel Quintana.

Desert Springs: A Land Study That Should Never Have Been Approved

At its August 27, 2009 meeting the City Plan Commission of the City of El Paso approved the Desert Springs Land Study. The question is: Should it have been approved?

Desert Springs encompasses an area of 189.83 acres just about a mile to the west of the line where the Franklin Mountains State Park begins. Its westernmost boundary is roughly Northwestern Drive if Northwestern were currently extended north of Trans Mountain Road. The land is being developed by Mr. Randy O'Leary.

Click on image to enlarge

Running through Desert Springs is Arroyo Corridor 42B, the only remaining corridor that connects the State Park with the Rio Grande. The City Council approved Open Space Master Plan ("Towards a Bright Future: A Green Infrastructure Plan for El Paso, Texas") says of this corridor: "This area of El Paso is on the verge of becoming the next sector for development, and as such, the preservation of this arroyo system should be considered an extremely high priority."

Several of us walked through this arroyo on Tuesday from the gas pipeline road to I-10. On the way we also saw where City of El Paso engineers insist that a 15 acre concrete pond be constructed - a pond necessitated by their plan to reduce a 1200 foot wide arroyo to just 120 feet in violation of the comprehensive plan which specified a 300 foot wide natural corridor in this arroyo - not 120 feet! The City Plan Commission has the authority to accept, modify, or deny a land study if that study doesn't follow the comprehensive plan.

Violation of the comprehensive plan is just the beginning. The Land Study lacks the due diligence called for in 19.02.040 since the opinions of the Open Space Advisory Board expressed prior to the City Plan Commission were not included. Municiple code 19.02.040 clearly states that a criteria for the approval of a plan requires assessment of open space - the purview of the Open Space Advisory Board!

City Engineer, Kareem Dallo, reportedly told a member of the OSAB that a CLOMR (Conditional Letter of Map Revision - needed to build in a floodpath) had been filed with the City Flood Plain manager. However, a Freedom of Information Act request by citizen Charlie Wakeem yielded no such document.

Click on image to enlarge

City staff could not have made a health, safety and welfare decision necessary under code 19.16.050 to modify the arroyo without FEMA input. Mr. O'Leary's proposal is vested under 19.16.050 which simply states: "Arroyos shall be preserved in their natural state, except that improvemnts or modifications may be made in accordance with designs approved by the deputy director of building services when such improvements or modifications are necessary to protect the public health, safety or welfare."

Since staff did not have the information needed to make a decision about the health, safety and welfare of the public, and since the Open Space Board's opinion was not included for the CPC members to consider, and since the comprehensive plan was violated, how could the City Planning Commission approve the land study? Unfortunately, they were advised by City Attorney Lupe Cuellar that they didn't have any choice but to approve and not a single member of the CPC raised an objection!

Ms. Cuellar warned the CPC: "If the plan meets the codes, and staff says it does, then legally you have to approve the plan." Staff has full and final authority? Citizens on City boards and commissions have no cognitive abilities other than to respond to a staff stimulus with rubber stamp approval? There were plenty of good reasons not to approve the plan as discussed above.

Ms. Cuellar's advice to CPC is similar to her advice to the members of the Open Space Advisory Board as to how to advise Council which is their duty by ordinance. Ms. Cuellar suggested that the Board tell Ms. Shamori Whitt, the Parks and Recreation staff person who has been appointed as the department liaison with the Board; Ms. Whitt tells the Parks and Recreation Director, Nanette Smejkal, who runs it by the City Attorney's office. If legal okays it, then Ms. Smejkal will give it to the City Council. Again, who is empowered by ordinance to advise Council - the Board or a lenghty chain of bureaucracy? Isn't it more in keeping with ordinance for city staff and attorneys to present to the OSAB (or any other board or commission) which then makes a decision and reports directly to the City Council of the City of El Paso? Does ordinance give de facto veto or amendment power to city staff and attorneys?

Someone might want to raise the issue of the tail wagging the dog. Citizen elected councils advised by citizen boards and commissions set the policies of the City with support of the staff and then implementation by the staff. City staff members are Senate pages, so to speak, not the Senators.

One can also wonder why some city staff members are allowed to continue in their positions when they clearly do not care to implement the policies, vision and values set by the people of El Paso through their elected representatives and as manifested by an open space master plan, a parks and recreation master plan, a stormwater plan, now a sustainability plan and much more - all documents that assert the values of care for the environment and ecosystems and open space. In fact, one wonders why some staff choose to thwart these values at all.

Sadly, as some real estate and landscape experts have shown, there are ways to develop with conservation in mind: ways that will increase a land developer's bottom line.

One such expert said:

"The Open Space Board should become involved in future development by approaching developers before they begin development plans. If the Board could show developers that they could make the same profits or greater by introducing green and sustainable development, then it would be an advantage to all parties."

The approval of the Desert Springs Land Study just represents the tip of the iceberg. There's much more underwater that will rip deep holes in a ship of state and send it to the bottom of the sea. The question really is who captains the ship. We've got a lot of crew acting as skippers and one wonders why.