Underground Truth

“Where the best local secrets unfold in your very

hands.”

+=+=+=+=+=+=+=+= September 7, 2010

+=+=+=(575) 952-0162
Bartoo wins Monopoly Paving Contract for City
Streets
by Brad Grower

The sealed bid process is normally utilized by government officials to

determine which contractor offers the best possible value for the
taxpayer's money, and more importantly, to properly comply with
restrictions imposed by the New Mexico State Procurement Code.

Unfortunately, the City of Truth or Consequences minimum bid

specifications for road construction materials only allowed bids from
one local contractor, Bartoo Sand & Gravel.
The specific language reducing the eligible contractors to a pool of just
one is listed below:

"7. PLANT LOCATION: The distance of the main plant from the City
Limits proper of Truth or Consequences, New Mexico, shall NOT exceed
fifteen (15) miles. Plant must be a fixed plant in year round operation.
Main plant must be accessible by safe, wide roadways capable of
supporting large equipment and through traffic in a safe manner."

The fact that Bartoo Sand & Gravel was unable to meet or exceed the
minimum specifications during three mandated tests of the pavement
they provided to the NMDOT/Star Paving project during April of 2010,
should be adequate evidence of the necessity to employ a surety bond
to guarantee the quality of the products that supply to the city. As of
this date, no surety bond in regards to the material performance of
paving products supplied by Bartoo Sand & Gravel has yet been
required by the City of Truth or Consequences. This oversight unduly
places all risk for inferior quality materials squarely upon the shoulders
of local taxpayers.

More importantly, a section of this contract with the City of Truth or

Consequences specifies:

"22. Testing of Materials - The City of Truth or Consequences reserves

the right to require the results of materials testing to meet
specification be done on each Contractors product at Contractors
expense at any time during the term of contract. Results should be
available upon request."

City Street Department Supervisor Don Armijo and City Manager Dave
Weiser, have expressed that the city does not plan to enforce required
testing of the paving material currently being used to repair city
streets as part of $2 miliion loan agreement with the New Mexico
Finance Authority. Cooincidentally, the loan agreement specifically
requires a minimum project life of 20 years, therefore implying that all
paving products and applications must meet that standard.

If you have comments or question about this project and the million
dollar monopoly contract associated with it, then please feel free to
contact Don Armijo (575) 740-1060 or City Manager Weiser (575) 894-
6673.

City Ignores Engineering Study

Recommendations
by Brad Grower

In 1995, local taxpayers financed the development of a comprehensive

street plan by the engineering firm of Garnett & Fleming. The results of
that study, and the vast majority of the recommendations it makes
have never been implemented or considered by local officials.

By emphasizing standards that improve transportation safety and

mitigate flooding hazards, while creating a healthy primary core of city
streets, this master plan offers a blueprint for responsible
management practices which could offsets the adverse natural factors
and limited economic funding that has continued to plague Truth or
Consequences to this day.

Rather than refer to the recommendations outlined in a professional

review conducted by trained engineers at public expense, local
politicians have chosen to select an arbitrary list of streets, the
majority of which are not even included in this study. The fact that the
Garnett & Fleming study specifically suggests that outlying streets be
given last priority in any paving process has been completely ignored.
Nearly 50% of the streets scheduled for resurfacing qualify in that
group, with some of them having been paved as little as three years
ago

100 pages of serious work were published by the firm responsible for
this document, and yet this document has languished in the files of a
city government more concerned with other subjects than
implementing bold, sweeping changes in order to improve the quality
of life for everyone.

Resistance to change has resulted in a list of streets which ignores

professional recommendations and refuses to entertain any input from
the very taxpayers and business owners most at risk in the decision
making process. Without the advice and consent of the governed, and
without reference to the expensive work that constitutes this
comprehensive street plan, the one guarantee which stands
prominent, is the fact that inequity and incompetence will continue to
direct the course of governance in Truth or Consequences, New
Mexico.

Copies of this engineering study are available to the public at a cost of

about $25, but can be viewed at the City Clerk's Office for free. If you
would like to make an appointment to view my copy, then please
contact me at (575) 952-0162.

P & Z Commission Ignores Public Input

by Brad Grower

The Truth or Consequences Planning and Zoning Commisison chose to

recommend the approval of variance requests submitted by Braxton
Merritt for a six-unit subdivision at Joffre Way and Gold Street. After
previously deferring a vote on the variance requests due to Mr.
Merritt's failure to submit his request in compliance with city code, and
the failure of city staff to adhere to the proper procedures in regards to
prior notification of adjoining property owners, the commission wasted
no time hesitating to recommend the variance for approval.

Local residents used their opportunity to speak at the public hearing to

quote city code, and state and federal law, in an unsuccessful effort to
impress upon commission members that variance requests are only to
be implemented when absolutely necessary, rather than as a means of
providing potential developers with a mechanism to avoid compliance
with statutory law.

A litany of safety concerns voiced by neighbors and health care

professionals expressed the necessity of widening Gold Street to meet
city code, and requiring the developer to install the sidewalks in the
subdivision.

Even a written statement from Truth or Consequences Fire Chief Paul

Tooley clearly stating that one variance request did not meet the
minimum public safety standard required by the fire department, failed
to convince commissioners that issues of public safety are of
considerably more importance than private development.

While not one private citizen spoke in support of either variance

request, the Planning and Zoning Commission passed a
recommendation for the Truth or Consequences City Commission to
approve both by a 3-1 margin. A vote on the variance requests should
be on the agenda for the next City Commission Meeting.

Any concerned citizen wishing to express their views on this subject

should attend the next regularly scheduled Truth or Consequences City
Commission Meeting on September 14, 2010. Information regarding
the details of that meeting can be obtained by contacting the City
Clerk at (575) 894-6773

It's all Elementary: Wind Power and Sierra

County
by Brad Grower

It would seem that the proposed wind generation facility to be located

in southwestern Sierra County has become a bit of a controversial
subject. Element Power recently purchased the project, and has
decided to focus all of their attention on this site as the primary
development for the end of 2010.

Senior Project Manager John Knight and Financial Analyst Bailey

McCallum will be presenting an informative overview of Element
Power, Hudson Clean Energy Partners, and the Macho Springs Project
to the public. Anyone interested in obtaining accurate details about the
history of their enterprise, and Element Power's vision for a sustainable
future is invited to attend.

This event is scheduled for 7pm on Thursday, Septemebr 23, 2010 at

the City Commission Chambers. Feel free to contact John Knight at
(970) 319-8903 or Bailey McCallum at (970) 319-9331 for further
details.