Imposing Wellness~Protecting Us From Ourselves at the Sports Park

New York City Mayor, Michael Bloomberg, has successfully imposed wellness on the 8 million residents of NYC and the millions of annual visitors.  During his administration three health initiatives have already passed:

1.  Smoking is banned in all eateries.

2.  Trans fats are outlawed in restaurants

3.  Restaurant chains must post calorie counts on menus and menu boards

As of June 1, Bloomberg has submitted a 4th proposal;  the ban of sale of sugary drinks larger than 16 oz.  The justification for such a measure?  New York City's high rate of obesity.  

City Commissioner, Dr. Rose Gowen, Age 52

The closest thing Brownsville has to Mayor Bloomberg is City Commissioner Rose Gowen.  To describe her as Brownsville's self-proclaimed health and fitness guru would be unfair because she has made no such proclamation.  Nevertheless, the commissioner has taken a strong public role on behalf of fitness and fighting obesity with the "Biggest Loser" program.

Recently, Commissioner Gowen has added responsibilities which may enable her to extend the wellness message further in the Brownsville community.  After the orchestrated firing of Delina Barrera, Gowen has assumed the chairwomanship of the Brownsville Community Incentive Corportion or BCIC.  Mean Mister Brownsville has learned that Ms. Gowen is concerned about the menu served at the Brownsville Sports Park, now somewhat under her control as the new chairwoman.  Unhealthy foods such as nachos, chili dogs and sugary soft drinks may no longer be served, replaced by healthy alternatives.

Not since former mayor Pat Ahumada was hit in the chest by a flying plastic bag while riding his motorcycle has Brownsville faced the imposition of rules for its own good.  The plastic bag ban was poorly thought out and remains poorly implemented, actually reducing the quality of life for Brownsville residents, not raising it.  H.E.B. shoppers, for the most part, simply have their groceries loaded loose into the shopping cart.  I recently saw a family pushing a fully loaded cart with meats, vegetables, canned goods, ramen noodles, etc.  Three large dozen and a half egg cartons were on the bottom of the cart as it negotiated the slight incline down to the parking lot.  The eggs slipped out, crushing about half of them.  So much for improving our quality of life.

WalMart has never even acknowledged Brownsville's plastic bag ban.  The outfit forces Brownsville customers to bag their own groceries on top of the old spinning plastic bag rack with a surface area on top of about one square foot.  Again, quality of life lowered for Brownsville residents by a poorly implemented program.

So now, we may face some dietary restrictions at the sports park if rumors are true.  It might be helpful now to identify some of the problematic food items known to create health issues.  Certainly anything suspected of contributing to obesity, cancer, hypertension, gout, diabetes or even halitosis should be curtailed.

Foods contributing to hypertension(high blood pressure)
Salty foods:  canned soups, chips, pretzels, condiments(soy sauce, ketchup, salad dressing), salted nuts, alcohol(beer, wine, liquor), trans fats.


Foods high in fat
chocolate, cheezes, butter, cream, ice cream, fried foods, chips, fries, pastry, sausages, pies, pizza

Foods causing gout(arthritis)
red meat, game meats, shrimp, sweetbreads, peas, spinach, lentils, beans, asparagus, alcohol, gravy


These are just a few of the foods that may or not be considered acceptable in the Brownsville Sports Park.

Citizens Calling for Forensic Audit of the Sports Park Not Limited in Scope

Fresh on the heels of BISD's so-called $250,000 forensic audit which some viewed as a carefully scoped witchhunt by Cata Presas-Garcia, the City of Brownsville is discussing a similar audit for the Brownsville Sports Park.

The need for such an audit has been clear to many locals for years.  No one familiar with construction costs, local real estate prices, the cost of infrastructure seems to see $36,000,000 worth on touring the facility.  What also seems to raise some eyebrows is the urgency with which  Commissioner Rose Gowen is pursuing an audit "now!"

A forensic audit could lead to serious changes in the way the city manages projects like this in the future as well as aid in the recovery of funds used fraudulently or contracts not fulfilled.  But, many I spoke to seem to agree on one thing:  they don't want the scope of the audit limited to protect wrongdoing.  Actually, when someone starts using the word scope when discussing an audit, the implication is they wish to exclude one aspect or another from the investigation.

Several people shared their thoughts and concerns about the proposed audit in private conversations with Mean Mister Brownsville.  None wanted their identify revealed.

"I don't know why there is a push to do an audit now," started one political operative.  "My guess is that it has to do with requesting federal funds.  Such funds were used on the sports park project.  If those funds were misused as many feel, it could affect requests for future funds.  On the other hand, if an audit "proves" responsible use of such federal funds, that could be an asset in getting funded down the line."

"If you're auditing a project properly, you start at the get-go,"  offered a Brownsville senior citizen.  "Why was this location selected?  What other locations were available and where were they located?  Did they have no infrastructure in place as well?"

"Look out for things the original contractors "forgot," do-overs, anything going outside the normal bidding process. Look out for any work performed by American Surveillance or any contractors friendly with Charlie Atkinson. It's a nice park for 12-15 million, but not 33.5 million. It's also too far out of town, but that ship has sailed. Poor planning, poor execution, poor project management."  Those were Mean Mister Brownsville's own words in response to a Brownsville Herald article.

One Brownsville resident claims some personal knowledge of abuses by commissioners with respect to mileage, meals and hotel charges.  He plans to take a close look at the audit results.

Charlie Atkinson Defends Spending on Sports Park, Blasts Zoo and Museum of Fine Art Expenditures

City Commissioner Rose Gowen, who now serves as chairperson for the Brownsville Community Improvement Corporation has given impetus to the push for an independent audit of the controversial Brownsville Sports Park located on the outskirts of Olmito.

Gowen wonders out loud if 4B tax fund earmarked for quality-of-life projects haven't been funneled lopsidedly into t-ball and skateboarding north of town to the neglect of the arts and personal wellness promotion.

Mean Mister Brownsville commented publicly on the need for such an audit and was immediately challenged by someone closely identified with the sports park, former commissioner Charlie Atkinson.  Atkinson, the last time we saw him, was unplugging his laptop at the City Commission after a sound whipping by an unknown write-in candidate Jessica Tetreau-Kalifa.  The crushing landslide was more of a referendum on Atkinson, than a mandate for the then unknown Tetreau-Kalifa. As one resident of Alan-A-Dale told us at the time:  " I would vote for a mesquite tree residing in District 2 before I would vote for Charlie Atkinson."

Brownsville residents have long been concerned about the huge overruns and mismanagement of the sports park and feel they were incredibly oversold on its potential for profitability.  Here are the recent exchanges between Mean Mister Brownsville, Atkinson and other citizens concerning the proposed audit:

Mean Mister Brownsville:  "Look out for things the original contractors "forgot," do-overs, anything going outside the normal bidding process.  Look out for any work performed by American Surveillance or any contractors friendly with Charlie Atkinson.  It's a nice park for 12-15 million, but not 33.5 million.  It's also too far out of town, but that ship has sailed.  Poor planning, poor execution, poor project management."

CHARLIE ATKINSON:  "Hey Jim Barton, 13 million was spent on the infrastructure and drainage of the whole park.  It was raw land so it cost that much to install underground utilities and sewers.  The audit is warranted and a good idea because then the citizens will see that things were done by the book.  36 million was spent on UTB's theatre arts building using tax payer dollars and 99 per cent of Brownsville will never see the inside of this building.  The sports park is the best thing that has happen for the youth of Brownsville.  In 2003 this project was planned by over 150 citizens who met and gave input on what they wanted to see in our sports park.  Mayor Vela and her commissioners back then set up committees and got public input so the park was built with the citizen's input and wants for that park. I would rather spend our tax dollars on a park a quality of life project that benefits the masses than to select special interest groups like the zoo and museum of fine arts who want our poor citizens to pay for something they will never go to."

Martin Buitron:  So as I understand former(thank heaven) commissioner Charlie A. doesn't support the zoo or a fine arts museum but you would support a park.  What do Brownsville tourists do when they visit the city you once represented?  Do they go to the park or do they go to the zoo?  I guess you've never been to the zoo on a weekend or during one of the holiday events.  Maybe 10% of the visitors are tourists but the rest are folks form Brownsville(the city you once represented.)

As for me I appreciate everything our zoo and our art museum has to offer.  I can spend hours shooting photos of the animals and plants.  So, as you put it UTB/TSC built a theater arts building and you are saying 99% of the citizens of the city you once represented will never see the inside of this building.  Those are very poor expectations you have of the citizens that voted for you.  You should be ashamed of yourself.  The sports park might be nice, but I didn't see 35 million worth of nice.  13 million for infrastructure.  Who are you trying to kid?"

Mean Mister Brownsville:  The unanswered question for me(about the audit) is: "Why now?"  This should have been done years ago.  I hope they don't gerrymander the scope of the audit to hide corruption.  Also, will the city aggressively go after recovery if there were overcharges, kickbacks?  Their track record is not good.  They let the dentist who bilked the city for $400,000 off the hood for just $70,000."

Craig Grove:  "Jim, I am glad to see this and you and I have the same concerns. . . . "

Tim Lopes:  "All the records need to be put away for safekeeping now and I believe it should also be a forensic audit, so that we don't end up with a lot of loose ends.  Either way, I'm glad this is finally getting done."

CHARLIE ATKINSON:  "You should spend more time utilizing the park and exercising fat boy instead of criticizing and bitching."

Camille Atkinson:  "To begin with Charlie was not a Commissioner when this got started, he just made sure it got finished when so much money had already been put into it.  Secondly, it would be nice if people who commented used their real names to back up their comments.  My husband, Charlie, has always been a big supporter of youth sports and that is something I will always be tremendously proud of.  Thanks Charlie!"

Randy Tridwr:  . . . . . As for hiding my name I have more evidence about the commissioners than they would like me to have and as for Charlie being for youth sports does not make him qualified to handle or make decisions on a project this size.  As for defending Charlie, that what wives are for."

CHARLIE ATKINSON:  "I just want people to know that the city gives the zoo over $400,000 a year and the MFA over $300,000 a year and have been for decades. . . . . Everything at the sports park goes back to the city.  Why doesn't the zoo or the museum give back?  It's a racket and has been and you have people on the city commission who won't address it. . . . . When do the leaches stop leaching? "

CHARLIE ATKINSON:  :Wow, just reading "John Johnson" everyone can tell its Craig Grove. Craig, give it up and be a man and leave your real name.  I have seen the numbers and the Sports Park brings in more sales tax dollars to our city than the museum and the zoo combined.  The zoo and the museum are lucky we have the Sports Park because teams that play at the park during tournaments come into our city and spend money.  Nobody besides your lame butt will wake up and decide to drive over 300 miles to a zoo or museum.  People from out of town come to Brownsville for a sports tournament.  Cities bid for the Superbowl upwards to 60 million dollars.  Wake up Craig and stop milking our city out of our tax dollars for your stupid little pet projects.  Man up and get a life.  Argue with me, not my wife.  You know where I live.  Lets meet face to face and settle your hatred with me.  I don't hate you.  I feel sorry for you One eyed Willie."

ADDENDUM:  Don't we all miss old Charlie, our bull-in-a-china-closet former commissioner?  After we sent him packing from the City Commission, he's doing quite well for himself, thank you very much.  He has a sister, Sylvia, in Human Resources at BISD, who vaulted Charlie past all the qualified, certified, experienced coaches and teachers waiting in line and gave him a P.E. coach job at Faulk Middle School.  


With Charlie and Pat gone, the decibel level at the City Commission has been turned down to a whisper.  The City Commission is being reduced to simply nodding to recommendations made by Cabler's team.  They can affirm the recommendation this meeting or table it and affirm it the next as Tony moves the city closer and closer to autocracy.  

Committee of 5 Recommends Linebarger to City Commission for Rubber Stamp

Pete Gonzalez, Brownsville's Director of Finance/Assistant City Manager resubmitted his recommendation of the Linebarger firm as the collector of delinquent property taxes for the city of Brownsville at the 6/19/12 City Commission meeting.  At the previous commission meeting 6/5/12, some of the commissioners questioned why the commission was being asked to approve such a valuable contract without any sales presentations to compare the relative merits of the three companies bidding on the contract.

Tuesday afternoon a workshop was scheduled by Gonzalez to help the commissioners "understand the process."  Later in the evening at the actual commission meeting, Gonzalez announced that a committee of 5 had listened to presentations from all three law firms on behalf of the City Commission.  Surprise!  Surprise!  Their recommendation was Linebarger!

The huge legal firm of Linebarger, Goggan, Blair and Sampson has a stranglehold on delinquent tax collection in the state of Texas, thanks in large measure to generous annual political contributions totaling millions of dollars.(BISD trustees recently received $5,250 in political contributions from Linebarger before agreeing it was the best collection firm for them.)  In recent times Linebarger officials have been charged with making such contributions illegally.

Mario X. Perez, a former partner with the law firm of Linebarger, Goggan, Blair & Sampson has been indicted on six counts of felony tampering with a government record in connection with false entries on campaign reports for an Arlington ISD school trustee.  Appearing before the Katy, TX school board, attorney Cormac Craven said the firm’s ethical violations were not isolated, and there had been “allegations of corruption in just about every county in Texas. . . . . We need to stop rewarding bad acts.”

Sometimes, it's not simply a matter of political contributions, but of hiring politicial officials outright to gain influence.  That is the case with State Representative Rene Oliveira, who is actually employed by the Linebarger firm, while "representing" our district.    This has paid off bigtime for the Linebarger firm as reported in Mean Mister Brownsville: 

"In 2001 Oliveira spearheaded a committee to remove a line in section 3308 of the tax code limiting the delinquent tax collection fee to 15%, subsequently including language allowing a tax collection fee rate of 20%. That bill sailed through the Ways & Means Committee of which Rene was chairman and was passed by the entire house. Considering Linebarger's near statewide presence in tax collection, how many millions of dollars did this sleight of hand add to the agency's coffers?"

Brownsville taxpayers simply have to assume that the secret, unelected committee Gonzalez said exists, operated in good faith.  Unfortunately, this has been the trend in the Tony Martinez mayoral administration, to move the city farther and farther away from representative democracy.  

Almost symbolic of this city administration , the public comment section had no takers tonight for the second straight meeting.  Remember, Mayor Martinez in tandem with City Attorney Mark Sossi, pushed through the blockage of the broadcast of such public comment last year.  Sossi even presented us with a pie chart giving evidence that blocking the broadcast increased the 'diversity" of the participation.  Yeah, right!  And a committee, operating behind closed doors knows what's best for our city.

City Commission Tweaks Handling of Contracts With Action Item

     The City Commission continues to review the way contracts come before the commission, the bidding process and qualifying those who are allowed to submit bids.  An action item introduced by Commissioner Zamora would require that any extensions to contracts first come before the City Commission before being extended.  The thinking is that performance, current pricing could all be reviewed before automatically and routinely extending contracts.

     Mayor Martinez suggested a commission workshop with the purchasing department to clarify procedures so that redundant questions would not come up each time a contract is submitted.  Commissioner Longoria suggested tabling the action item until after the workshop.  Commissioner Chavez-Vasquez countered, saying that a workshop was already in the works and would be helpful, but she favored voting now on the action item to not automatically extend contracts without review.

     Martinez called for a vote and the action item was approved.

Tony's "Girls" Grow Up Fast~No Rubber Stamping at the 10/04/11 City Commission Meeting

     The stars of the 10/04/11 City Commission meeting were three female commissioners .   Rose Gowen was absent do to a serious health problem with her father.  Mayor Martinez took considerable criticism for his unfortunate condescending reference to these commissioners as "girls" at a commission meeting a month ago.
     Perhaps that politically incorrect, clumsy comment by the mayor energized the three commissioners to step up their game a bit.  But, in any event, the three commissioners on Mayor Martinez' right were fully engaged, questioning and probing contracts presented by City Purchasing Agent Robert C. Luna.  While contracts for herbicides and limestone passed easily, two others failed with the three voting as a block.
     This is such a good sign.
    

Sossi's Bogus Pie Chart, Estela's Abstention, Tony's No-Huddle Offense

    
     Do you remember the city commission meeting on  August 9 when City Attorney Mark Sossi slapped democracy in the face with his bogus pie chart attempting to prove that a "greater diversity" of speakers participated AFTER the ban of public comment broadcast than before?  As we stated that night:  " Had not Sossi himself even thought through that argument enough to realize that the greater "diversity" was in large part do to those speaking out FOR the broadcast of public comment?"  Have you noticed that since that time public comment has shriveled down to near zero?  No diversity, no participation, no broadcast.  That's what Tony wanted anyway as he stated at the time:  "I'd like to continue doing things the way the previous administration did them.  It's been working pretty good so far.  I don't want to change that."
    
     Whoever thought back on May 14 at the time of Tony's landslide election from among 5 candidates without a runoff that the most significant accomplishment of his administration would be a continuance of an anti-democratic policy initiated by Pat Ahumada, induced by a Mark Sossi hissy fit?  What a waste of blue campaign signs and chicken plates!  Brownsville needed, no REQUIRED  a dynamic point man who would hit the ground running with a plan, with ideas, carefully strategized and thought out.  What we got was a do-nothing, status quo plodder, a ceremonial figure like England's Queen Elizabeth.  Officiating a tomato contest at the farmer's market, witnessing the sprinkling of holy water on the Juarez Mercadito is acceptable mayoral behavior, but it's not enough for a city hurting, watching its most precious resource, the historic downtown disintegrate into nothingness.  The sad thing is Tony knew he was going to be mayor, WANTED the job, but so far hasn't gotten off his ass.

     Of course, it's not all Tony's fault.  Brownsville has a "weak mayor" city commission.  That refers to a style of governance, not a character flaw.  The mayor has one vote, as do each of the commissioners.  The mayor has the added responsibility of chairing commission meetings.  Right now there is a leadership vacuum on the commission, but hopefully someone will be assertive and stand up for our city.   When an agenda item comes up for discussion, it is a disservice to the electorate when elected officials have NOTHING to say or ASK.  The goal is not to finish a commission meeting as quickly as possible so Tony can get home in time for Boston Legal.  He can TiVo it!  The discussion of the item takes place right there at the meeting in front of the 2nd floor audience and the viewers at home on public access channel 12.  Prior discussion of agenda items is illegal.  So, does this mean that important agenda items involving thousands of dollars of taxpayer money are being rushed through WITHOUT discussion?  Yes, for the most part.
     I'm told that the mayor and commissioners get a voluminous printout, with details salaried city officials have prepared about agenda items.  It may seem like more than a commissioner can digest between the release of the agenda on Friday and the commission meeting on Tuesday.  But the minutiae should not distract commissioners or even the mayor from basic principles that need to be addressed with EVERY contract Robert C. Luna brings before them.  Remember Luna is simply a purchasing AGENT.  The commission makes the final decision based on what is best for our city.  Don't worry in the least about irritating Robert Luna.  He simply needs to understand his role in relation to the commission.  Here are questions that need answering with every contract recommended by purchasing:

Why does the city need this?  Is it absolutely needed NOW?  How many bidders were there?  What was the highest bid?  What was the lowest bid?  How were bids advertised?  Why are you doing business with a sole source?

     These are not complicated questions.  If the city's purchasing department needs more time to provide answers, the item can be tabled.  Once the commission establishes a modus operandi that protects the city's interests against inflated contracts, unnecessary purchases, improper sole source bidding and other abuses, the purchasing department will adjust to the new environment.  Contrary to the quote from the mayor above, we do not need to do things the way they've always been done.
     I missed the 9/19/11 city commission meeting raising taxes nor could I find a video.  I understand that Robert Uresti presented some pertinent facts and there was an exchange with Commissioner Longoria.  Yet, surprisingly, Longoria voted against the tax increase.  If that was a change of heart based on the facts presented, I applaud that.  I understand Commissioner Chavez-Vasquez abstained. * Why?  The whole handling of this tax increase, that was represented as not an increase left a lot to be desired.  As Letty Perez-Garzoria stated so simply.  The city's salaried and elected officials lack "creativity".  Do you really think Ms. Garzoria or Robert Uresti couldn't have found 6% to cut from the city's budget?  Please!  Finance Director Pete Gonzalez is obviously good with numbers, but we need someone who is capable of thinking outside the proverbial box.  So far, no one has stepped up.

*After this article went to press, I learned that the vote to increase taxes eventually became unanimous.

Letty Perez Garzoria Addresses the City Commission 9/6/11

Leticia Letty Perez Garzoria implores, explains, reasons with the commission about living within our means as a city. City Commission public hearing concerning a 6.11% tax increase proposed by Finance Director Pete Gonzalez.

How's That New Ethics Code Coming Along Tony?

                 Mayor Martinez has made the drafting of a new ethics code for the City of Brownsville a priority in his administration, even mentioning it at the TSC/UTB Mayoral Candidates Forum back in April.  Much to the chagrin of knowledgeable citizens,  City Attorney Mark Sossi was handpicked by Mayor Martinez to initiate the process.  Sossi reported to the commission 7/19/11 concerning the research, thought process and focus so far which amounted essentially to having read the San Antonio and Dallas codes, a 20 minute effort at best.  Later in that meeting Mayor Martinez expressed his desire to be included in the committee to draft the code.  My recollection is that City Manager Charlie Cabler would be included in that committee along with a commissioner or two.
    Brownsvillians saw the irony in some of the players who will help draft this code.  The loquacious, but brutally honest Oso Duval de Bourbon was quoted:  "having Cabler and Sossi on an ethics board is like having the the Corleone family on a crime commission or having Motley Crue on a drug prevention board."  I'm not certain what Oso was referencing but perhaps in Sossi's case it was the hiring of his former law firm to represent Brownsville.  Some bloggers insinuated this was to help pay back some indebtedness he had incurred to his previous employer.  In any event, if this occurred, it was a clear violation of two tenets of the ASPA model code:  1. Not engaging the city in business with a former employer.  2.  Not engaging the city with a entity to which you have incurred indebtedness.   My personal belief is that a public comment noting the above ethics violations by Sossi triggered his recommendation on 8/3/10 that the broadcast of such comments cease.
     Brownsville city government's last ethics code expired in 2006.  Even more surprising is that the City Charter seems to contain no language for the punishment of ethics violations.  So it seems there is some work to do to at least protect on paper the taxpayers from blatant conflicts of interest practiced by city officials. 

Photo Essay on the First Amendment

Tony speaks, but does not listen.


What the taxpayers who pay for the broadcast of the commission meetings see during the public's comment.

Meet New Commissioner Mark Sossi

     No sooner had the motion rolled off the lips of Melissa Hernandez-Zamora calling for the reinstitution of the broadcast of public comment, than City Attorney Mark Sossi stood up, asking to be recognized for a strange opposition power point, complete with graphs and illogical commentary.   Commissioner Zamora looked shocked and turned toward Mayor Martinez who gave a "go ahead" signal to Sossi.  One of Sossi's ludicrous arguments was that during the time that public comment broadcast had been shut down, there was even a greater "diversity" of speakers beyond the normal four or five.    Had not Sossi himself even thought through that argument enough to realize that the greater "diversity" was in large part do to those speaking out FOR the broadcast of public comment?
     The mayor asked for discussion.  Rose Gowen proved that she had not wasted any thoughts on the matter by simply regurgitating Sossi"s "diversity" argument.  Estela Chavez-Vasquez started to say something irrelevant about announcements before Tony took her out of her misery by interruption.  Mayor Martinez now said something that 91% of the electorate who voted to change mayors hoped they would never hear:  "I'd like to continue doing things the way the previous administration did them.  It's been working pretty good so far.  I don't want to change that."
     It's going to be a long four years.