City Council puts economic development ahead of health concerns, votes for water contract.

City Council voted 5-2 with two abstentions to avoid a direct vote on a Las Brisas Water Supply contract, instead assigning the role of negotiating and signing the contract to City Manager, Angel Escobar. The resolution will also let Escobar establish a reserve fund that can be leveraged with bond money to build the 80 mile pipeline from the Colorado River to Lake Texana without further council action. The Council will be able to avoid a fight over the $140 million pipeline by issuing Utility Bonds.

Once again most Council members preferred to abdicate any decision making to Texas Commission on Environmental Quality (TCEQ). Opponents had held the biggest public hearing in TCEQ history a little over a year ago in opposition to the plant. The fact that they had successfully convinced two Administrative Law Judges and TCEQ's own Office of Public Interest Council to recommend against the plant evidently did not impress the Council.

Larry Elizondo recused himself because his employer Citgo is a port industry with a direct interest in the outcome. While Las Brisas promoted the idea that citizens would save less than a dollar a month on their water bill, Valero and Flint Hills would both save about $400,000 a year and Citgo $250,000 a year from a new blended water supply. Industry currently buys either raw untreated or potable water. Blended water would have some of the heavy solids removed and be a cheaper substitute for current supplies.

Brent Chesney told WtP that he received a phone call at 4:45 on Monday telling him that his employer American Title had a contract to provide insurance and reinsurance on the plant, something he had not been aware of as it was done at a corporate level. That forced Chesney who had pledged to vote agains the water contract to recuse himself as well.

Opponents questioned Mark Scott's refusal to step down in the face of information that his wife Carol had received $30,000 for promotional work for Las Brisas. Scott said that City Attorney Carlos Valdez had reviewed the situation and said he could participate. WtP has requested a copy of the opinion.

Councilwomen Nelda Martinez and Priscilla Leal both opposed the contract on health and economic grounds. Martinez said she had taken the time to inform herself and that she believed that Las Brisas would do "irreparable harm" to the area. She stated after reading numerous medical studies it would be "unconscionable to support Las Brisas." She pointed out the President of Topaz Energy who just refurbished two area power plants to burn on clean burning natural gas had told her they considered pet coke as a fuel source but wouldn't submit the local population to the pollution.

Councilman Kevin Kieshnick played down the health concerns saying that opponents had "fabricated statistics" and it was simply "a business decision." Mark Scott said it was just a water contract and that TCEQ would rule on the other issues. Chris Adler agreed. John Marez who had earlier stated he would vote against the contract offered an amendment to have the agreement come back to the Council after it was negotiated by Escobar for final approval. When that measure failed he threw in with those who supported Las Brisas.

Opposition Fervent
Opponents out numbered supporters by two to one at the podium. While the audience was filled with people wearing Las Brisas t-shirts that were handed out on the City Hall steps, few ventured to speak. They were about equally split between electrical workers and their families along with a number of very young men led by Connie Guittierez, a paid political organizer.

The Nueces County, San Patricio, Aransas & Refugio County and the Texas Medical Associations have all voted to oppose the plant which they say will have significant health impacts including a projected 70 early deaths a year. According to area pediatrians and cardiologists who spoke against the measure today, most of these deaths will be from child asthma, and adult heart attacks.

In addition members of the Clean Economy Coalition, LULAC Council One, the League of Women Voters, and the Coastal Cardiology Association all spoke against the plant on the grounds that the touted economics didn't account for negative economic impacts. Those impacts will include probable failing of clean air quality standards. Called non-attainment it will trigger a number of financial burdens on the area including loss of federal highway funds, increased costs for gasoline and increased air pollution control equipment costs for cars, small and large businesses.

Triggering the limit which is now at 75 parts per million (ppm) would also limit the ability of new industry to enter the area because of much stiffer requirements on new industry and expansion of existing businesses in non-attainment areas. Opponents made the case that the healthcare and mortality, non-attainment and lost future industry costs would easily outweigh any short term benefits from 1500 construction jobs. Las Brisas has said they will create up to 150 permanent jobs but the recent tax abatement agreement with Del Mar only committed them to 50.

Worse yet the federal Environmental Protection Agency (EPA) has proposed the levels be even lower, saying the current levels don't protect health. The proposed level is between 60ppm and 70ppm. EPA scientists had previously recommended 70ppm, but that was overruled by a political appointment of the Bush Administration. The Obama Administration has made a committment to bring the standard down to protect health. Indeed, Dr. Alfredo Armendariz who was selected by the Obama administration to be the Regional Administrator for EPA’s region 6 including Texas was scheduled to testify for opponents at the contested case hearing on Las Brisas' permit when his selection forced him to withdraw.

The EPA is also reviewing TCEQ's authority to issue permits based on what they perceive as a failure to enforce clean air standards in Texas. Revocation of their authority, while unlikely if corrections are made, would require repermitting of industries given permits during the reviewed time period found in non-compliance. Texas environmental groups have long accused, and sued and won in federal court over TCEQ's failure to enforce the standards.

Proponents were a list of business interests including the Corpus Christi Chamber of Commerce, the Hispanic Chamber of Commerce, Associated Builders & Contractors, Associated General Contractors, International Brotherhood of Electrical Workers and Realtors Association. As Carrie Robertson a photographer and community leader on North Beach pointed out, all of the proponents were open about their desire to personally gain from the plant. She stated she was sad that after all of the committment she had made to her improve her neighborhood she felt her only choice would be to move her three year old from the shadow of the four five hundred foot smoketacks to be built just two miles away in order to protect his health.

Area Pediatricians, Asthma Specialists and Cardiologists all spoke against the plan. Dr. Mary Dale Peterson. CEO, Driscoll Children's Health Plan stated that the area already has three times the state average in child asthma, 17% more birth defects and triple the number of children with developmental delays. She said costs of premature deaths alone would be more than $1.2 billion without including the addtional treatment costs. Pediatric Asthma Physician Wes Stafford said Las Brisas is expected to increase Ozone by 230% and heart attack causing particulate matter by 70%. He pointed out that children raised within five miles of the current industrial district had twice the chance of developing asthma. Former Councilman and Anesthesiologist Mike McCutchon reminded residents that while proponents say it all blows the other way, 30% of the time the wind blows from the north, carrying pollution from the industrial area over the City. Cardiologist Greg Silverman stated he was fighting to protect his patients health and discussed the direct rise in heart attack deaths that would develop due to increased particulate matter.

The attitude of the proponents seemed to be best summarized by Realtor Cliff Atnip who spoke for the Realtors Association, speaking for profit over public health he said, "All growth has a cost, we've heard that from the doctors, but if we don't grow we die." Someone might want to explain the difference to Mr. Atnip between metaphors and reality.