ready to begin on the uh stream. Okay. All righty. Good morning, everybody. It's uh 9:01 a.m. here on uh Tuesday, August 4th, 2026, and we'll be calling this uh work session to order. Our first order of business is the pledge of allegiance. If you can, if you are able to, please stand and uh join us in the pledge. I pledge algiance to the flag of the standy for all. Thank you. All right. And with that, we'll first order of business is the affordable housing plan draft. With that, I'll turn it over to Miss Daniela Andrade. Good morning. Good morning, Mr. Chair. Good morning, Commissioner Daniel Andrade, Housing Department. Today we'll go over the affordable housing plan update. Um I wanted to inform that community stakeholders and participant of housing in the county had been inviting to this work session so they can submit their feedback at the end of it. They've been attending in person and watching the stream live as well. As a background, the county current affordable housing plan was approved in 2015. In July 2025, Community Development combined efforts with the city of Las Cruises to not duplicate the data collection and analysis and to work with their consultant with policy research on updating our plan. The affordable housing plan is a state requirement for all local governments who will be working and investing on affordable housing. Housing New Mexico, previously known as MFA, must review and approve our affordable housing plan and the affordable housing ordinance to ensure compliance with the New Mexico affordable housing act. They allow partnership among municipalities and counties as long as the data is sufficiently disagregated to address each entity's unique needs. This present draft has been submitting submitted to housing New Mexico for a preliminary review. This is a best practice to align the plan with the requirements from the state and we will include their feedback in the draft. Let's begin. The affordable housing plan comprise four mandatory sections. We will go over the updated county data within the two first sections, community and housing profile and the housing needs assessment. This section contain information from the 2024 US population census, the 2025 Donana County survey and the stakeholder interviews the consultant conducted countywide. The information is analyzed as the county as a whole specifically for city of Las Cruus and the balance of the county which includes municipalities other than Las Cruuses, Colonials and uninccorporated areas. You'll see this differentiation throughout the presentation and the plan. The complete report the complete report on survey results and analysis and the stakeholder interview summary are in appendix A, A2 and B in the draft. Section three is the land use and policy review which is a comprehensive analysis of the current legal framework that the county has for developments and affordable housing. Section 4 is where we have set up goals, policies, and quantifiable objectives that the county can follow in the next years before a new updated assessment is needed. As we add the board's feedback to the plan and receive the stakeholders input after this presentation, the next step will be to update accordingly the affordable housing ordinance to initiate the official submission to Housing New Mexico for approval. Okay, let's start with Donana Countyy's community profile and the needs assessment. I will share the key findings as briefly as possible. As mentioned before, this data is a result of the analysis of the 2024 US population census and the 2025 Donana County housing and community needs survey plus the stakeholder interviews the consultant conducted. Appendix 8 of the draft shows the complete results of the survey. Appendix A2 is a supplemental survey analysis specific for the communities in Donana County outside of Las Cruises. While the survey as a whole had 742 responded, 88% of the respondents were residents, 11% were stakeholders who live in Donana County and the reminder were stakeholders who serve residents of the county but commuting from somewhere else. 70% of the respondents were Las Cruus's residents. The supplemental analysis represent the responses of 210 residents of the balance of the county. Although this is not a statistically significant number, the responses provide a situational understanding of their demographics and specific needs. Let's review the major points. The demographics are shifting. While the population in New Mexico is growing at a slow 3%, Donaana has grown 9.6 between 2010 in 2024. The urban areas are driving the growth. Las Cruises represents now the 51% of total county population, up from 47 in 2010. Sunland Park increased around 4,000 residents and now it makes up 8% of the county's population. Age is a very significant driver in demand for housing. The population in Donana County is generally aging. We can see in the graphic that the population under 18 has decreased while the population over 65 has increased at a higher rate. Using this demographic to address a couple of housing data we'll see later, the average household size dropped from 2.73 to 2.58 in the county and even more so in the city. This aligned with the increase on single uh person households versus the decrease of married couple households. While Sunland Park and Hatch are the youngest in the county, Mesia remains the oldest county with a large population over 65 and over. Having an aging population drives critical physical and supportive housing needs across the county. 15% of the county's population reports a disability with the majority of these being among aging adults. 40% of the people over 75 years and old um year old reported disability in the balance of the county with 38% located in Hatch and 56% located in Sunland Park. The more dominant impairments countywide in the population over 75 years are mobility limitations with a 29% independent living support and hearing impairments have 23% each income. Homeowner income are nearly double those of rental households across all jurisdictions in the county. Median household income increased by 74% from 35,230 in 2010 to 61,154 in 2024. Currently, the median income 2026 for Donana County is 79,900. Meanwhile, median homeowner um household income increased by 53% from 50,223 to the 76,942. A median renter household income increased by 102% from $20,80 to 40,554. Even with this increase, render face acute purchasing constraints as median home prices rose 51% post 2022. Another key finding and heavy driver on demand is the commuting and special dynamics. We can see in the graphic on the right that we have 19,743 incomuters. It means people coming from outside Donana County that are workforce here. They are hired in um Donana County. However, 25,162 residents of Donana County out commute outside of the county to be able to work. This is a major um difference and affected by the industrial corridor disconnect between Anthony and Santaa. 89% of jobs are held by incomuters while 87 of local residents work elsewhere in these areas. The major border industrial grow lack local workforce housing driving severe crossjurisdictional commuting borders poverty rates. This is using the calculation of poverty as defined by the US Census Bureau. Donana County overall household poverty remains mostly flat with a 23 to 22% of poverty around the county. Las Cruz saw a poverty increase of 4% rising for 19 and 20 2010. Anthony continues to experience the highest poverty rate with a 37% Poverty in the region heavily concentrates in single parent households and persons with disabilities, highlighting where target housing subsidies and deep affordability interventions are most critical. Those were the key de demographic drivers for housing. The plan includes additional information and more detailed historical comparison among the county las cruises and the balance of the county data. Let's move to the household characteristics. While in Las Cruises the single person and senior household is the largest component in the county. The dominant household type was married couple at 41%. You can see the decrease in both the city and the county as a whole of 8% points while the single person non senior household increase 5% overall. This is the largest drop in married couple households since 2010. In single part with children household, female head of household accounts for 9% in the county while male head of household is 4%. and Anthony we can see the drop of married with children drops at 17% points Solen Park 13% points in Mesa 9% points aging single population elderly 65 plus a single person households rose in all areas except Sunland Park the housing market analysis single family and manuacture factor housing from the back form the backbone of the countywide stock while multif family options remain concentrated in municipal centers. As we can see here, the household supply trend has been increasingly adding single family homes, reducing the percentage of multif family options for middle the middle um the middle mi, I'm sorry, the m middle the missing middle. It's the people that cannot afford a single family home but is ready to move out of rent. So they don't have enough money to buy a marketplace uh unit because the prices of single family home are higher of what they have in savings and they can they what they can afford in their with their income. Affordable housing should be up to 30% of their income dedicated to housing. If it's higher than 30% is considered not affordable. Multifamilies assist in this group of the missing middle. It provides duplexes, triples, forplexes, apartments that become a more affordable option for families with kids that or maybe reliing only one income. We can see the trend how the developers have target an additional number of single family homes. and is the more rentable or profitable option. The county should address this gap. Surgeon in rents and home values. We can see that from 2010 to 2024 the median rent increase went up 61%. We also face a depleted inventory and soy prices. The median gross rent went from 641 to $1,031 in Donana County and it jumped up to $1,121 in Las Cruises. That is a 61% increase and 64 in in the city. We have critically low vacancies, extremely tight supply. It's from 3.3% vacancies for rentals with a cost below $750 a month and 4.4 for rentals between $750 and $9.99. A healthy market should have at least a 5% of vacancies to provide diversity and choices to home buyers and renters. We can also see that typical home prices surged 50% overall between 2010 and 2025 from 190,000 to 283,000. Most of this increase happened post 2020. the existing needs. As we know, household who experience cost burden may be B are might be more vulnerable to displacement displacement following job loss or rent increases. We can see several disparities exist between owner stability and renter vulnerability. The renters are burdened. 54% of renters in the county and 57 in Las Cruzes spend more than 30% of their gross income in housing. The owners burn stable at 21% of B jurisdictions and this makes renter household highly fragile to economic disruptions for overcrowding renters are over represented in the county. 6.1% of renters live in overcrowded conditions and 3.2 of the owners. During the survey and the stakeholder interviews, we received feedback regarding what are the key resident requests. They selected rental assistance as the top priority to ensure stability while seniors cited repair assistant funding to maintain older single family properties. Here we can see some of the major findings in the balance of the county and top repairs needed by tenure. The homeowners talk about cosmetic improvement, remodeling, broken crack windows, interior walls and ceilings. However, the renters have cooling system and interior walls and ceilings. The mobile home occupants on the other half half of them as for interior walls and ceiling as the major need within a mobile home. cooling systems as well and remodeling. All this was across the balance of the county from unincorporated areas. Within the needs assessment, we analyzed the workforce affordability crisis. As you can see here, four major industries were identified. The leisure and hospital on hospitality represents the fastest growing workforce in the county with 17%. However, the people that works for these industry are priced out in rental home ownership at one earner and home ownership with two earners. Natural resources and mining suffer the same. they have a low wage that doesn't allow them to be able to afford um at least a rental or home ownership. While in trade and utility service uh services, which is a major employer, the media of their salaries allows rental affordability but not home ownership. As we can see, public administration and professional careers, which is the slowest growth in the county, might be able to afford rentals. And if they have more than one earner, they will be able to afford home ownership, but not if is an individual living alone. As we can see, we need a lot of um help on this type of uh programs. unfulfilled rental and ownership gap. The renter gap countywide reduced from 6,000 in 2020 to 400 uh I'm sorry 4,600 in 2024 in the balance of the county decrease the need from 1,400 to 103 units as a gap. This is not just because units have been added to the stock. It's because the county has seen a shift in the income. While we used to have um a higher number of people earning 30% of the area medium income and below, these people shift to the next or other levels of income. That's why the need was reduced. Finally, we'll see in the needs assessment a 10-year projection affordability needs. The balance of the county may need 4,560 units estimated for the next 20 years. The total of the county including Las Cruises is 10,174 units estimated. As we can see, the vast majority goes to the needs in Los Cruuses. However, the balance of the county, as you can see, is a split by rental units and home ownership. We will need at least 100 uh 1,140 units which represent the 25% of the need and rental units at affordable level which is for as you can see divided by um the different area medium income. The maximum number of units is required for home ownership and it is at this point from the 100% area medium income and above. These include moderate income which is 120% workforce which is the 140% which represents all our public service, police, fire fighters, nurses, teachers. 1,847 units will be needed to serve this population and above in the next 20 years. As you can see, the need is great and extremely low and very low. However, ownership for this will need heavily subsidized assistance and different initiatives other than just regular development for profit. Let's move to the land use and policy review. This item was um is analyzed in section three was thoroughly reviewed by community development and the housing department. The primary findings are we found a zoning mismatch. Higher density housing types are permitted by right in theory but actual land zoning for them is extremely restricted. The majority of uninorporated land is zone T2 which is rural prohibiting higher density housing by right. As we know we are suffering for infrastructure deficit and the balance of the county due to inadequate water system and flooding risks. This limits the production of housing. The strong capacity exists for mobile homes for example but higher density multif family rentals, housing faces several infrastructure and zoning constraints. This is the land use analysis and zoning. As we can see the rural has a dominance and here all the um permits medium and high density housing but is severally limited. According to the UDC, the minimum lot size of 3,000 to 6,000 square feet and building height of three stories are reasonable and do not oppose major barriers. They identify a regulatory reform needed updating the code standards for accessory dwelling units, adus, group homes, affordable housing subdivision. That way we can remove these barriers. This is a summary of how the zoning um goes based on the on every district. The rural son as you see any kind of multif family as duplexes, triples or apartments are prohibited. Same for medium density which allows only duplexes. We need to um highlight that in the balance of the county the limit the maximum barrier the biggest barrier that we have is the lack of infrastructure to serve this type of housing. A comparison between density and financial visibility. So when we're talking about low density, we're talking about single family homes. Two to four dwelling units per acre. These represent a high subsidy gap to be able to serve to our buyers. Medium density is six units um per per acre. This might be feasible for income 120 of the area medium income and above. feasible but is still requiring subsidy. If we're talking about multif family developments, which is 12 dwelling units per acre, we finally reach affordability at 120% of the area medium income. I'm going to share with the commissioners the area medium income so you can compare what is um this in monetary income. as we can see in the chart up to 80% of the area medium income is what the federal assistant usually aims to their programs for affordable housing. But we're talking about the affordability is reach of the 120 AMI which represent a single person earning at least 60,000. But they still will have to look for a multif family unit uh duplexes or apartment. They are not allowed to have a single family home disregarding the family or household size and high density which is a 24 dwelling units per acre. If we add donated land to that to remove from the equation of the cost, we finally reach affordability at 100% of the area medium income with a 113 monthly payment gap for mortgage due to income. It means they will go over still over the 30% of their gross income to achieve affordability. As we can see, as the lower the density, the biggest the gap to be able to help our residents to become homeowners or find units to um be able to take care of their families. As we know in Donana we have several environmental and infrastructure constraints in the plan. Three major were identified. Flooding hazards. This heightened risk from severe weather represents it's the single most significant physical environmental challenge that we face as we have um unincorporate areas located in flooding zones. the water infrastructure, lack of adequate water systems and wastewater capacity which constrains the development of unincorporated areas and restrict missing middle housing buildouts. And it is it was recommended to regionalizing utilities and expanding development reviews, expedited development reviews in areas where water service providers uh have existing capacity which is essential for growth multif family rental capacity. The multif family de developments rely heavily on central water and sewer connection which are severely lacking in these areas that we discussed. This is obviously constrained by the zoning bottlenecks because we cannot serve higher density developments but also because of financial viability. visibility requires 12 to 24 dwelling unit um a per acre in in order to serve lower income tires. So all these gap subsidies will have to be addressed with different financial mechanisms special needs and for housing. The UDC, the unified development code, lacks explicit land use definitions and sitting criteria to support group homes, congregate care, and emergency shelters. The county needs to streamline administrative process for ADA for housing accommodations and we found vulnerable groups as elderly residents, the agricultural workers, disabled individuals and shelter households. They face acute shortages of accessible housing and services. There are several ways that we can strategize to promote a better affordable housing environment and to um promote better policies. Identify village redevelopment sites and deline del delineate infill incentive areas in the UDC with modified standards and expedited reviews. This is something that internally Donana County can do. We will seek federal and state grants, for example, to fund demolition of direct unhabitable structures to yield clean info sites. And we can leverage scatter site community land trust or and leave workspaces for affordable um home ownership. The county has done um a couple of updates on their policies during this time since the last affordable housing plan. The affordable housing subdivision design standard um was adopted to improve density and reduce cost. And the mixuse zone also permits a smallcale commercial mix with sidebill residential to encourage um com compatibility. We just need to work on top of those to make it um friendlier for affordable housing. As I mentioned, all these reviews and comments has been um analyzed by community development and they find that these updates, changes or analysis will be possible for the goals and policies which is the section 4. Um there's are several items that we'll go over like funding resources and barriers identified to come down to the goals that we found that we could promote in the next years. So the federal grants from the department of housing and urban development for infrastructure and housing program is something that we can tap into. Unfortunately, we're not a direct entitlement. So, we will have to compete with the rest of the state um through a grant a competitive grant process. However, we can access these funds in a regular basis at least annually and apply with different programs for it. We also have the home funds for rental and construction projects and the potential of lowincome housing tax credit for developers. The state funding um several ways of tap into those funds leverage New Mexico Premier Fund, New Mexico housing trust fund um linkages of supportive housing programs and New Mexico state housing tax credits. In addition, the state legislature authorized se uh special appropriation from general fund and capital outlays in 2025 and 2027 to support affordable housing project. That's something that we still can apply for. We found institutional and operational constraints. Of course, the county had a fragmented land use infrastructure, transportation, and colonial policies. However, the county created a housing department and that will help um integrating the housing capacity and analysize all these plans as a whole with the housing in in the center the UDC and multi-level reviews. According to the stakeholder interviews and the analysis of the land um use and policy, we have an overly broad and outdated UDC code which can cause variance requests that might create conflicts between neighborhoods. We also have to go through multi- agency reviews for example with BLM and the state land and these stalled projects. It is recommended to dedicate coordination leaison to these um reviews to expedite and and keep up with the projects. One is constraint that was identified in Donana is land tenure and clear titles. In many areas, homes are inherit without probate filings, living an unclear title across multiple generations, which make it difficult to develop sub uh subdivide or access traditional finances. As if they don't have the proper documentation, they won't be able to apply for federal subsidies. One of the biggest highlight of the plan was the systematic prioritation needed. An estimated estimated 25 to 35 to 30 colonials still lack basic services including pave roads, drainage and wastewater collection. Project project has project progress has historically relied on constituent advocacy rather than stricter need creating severe disparities where some communities are fully modernized with while adjacent ones remain unserved. Legal complications such as home build and obsolete town plats further restrict public investment. As we know, we have several threshold barriers when we face um disasters. However, the county has been working efficiently and diligently toward bridge these allocations and issues. Um, all the actions that the board and the office of emergency management took during the 2025 flood event show that we are prepared to serve our community and secure any funding that might be needed in the um in the future of course of from the federal government. That bring us to how we define our strategic priorities. For goal number one, where I will address affordable housing, pursue resources to facilitate the development of new affordable ownership and rental housing communities. We'll commit to develop at at least 400 affordable units, which is below 80% of the area medium income and attainable housing between 80% and 100% of the area medium income. In the next five years, we will utilize a community land trust to preserve this as a permanent subsidy um subdivision and these 400 units will be on top of the units that are developed by the private sector without public assistance um subsidies. This might help reduce at least 10% of the housing needs that we will see in the next 20 years. A community land trust is the right tool for this goal because it's permanently because it [clears throat] permanently retains the public subsidy invested in each home through the structure of a ground lease. ensuring that every dollar the county commits today creates affordability not just for the first buyer but for every subsequent resident for generations. The community land trust model benefits the community by developing and stewarding home ownership opportunities as an alternative to rent aligning mission and being a trusted partner of county housing. Creating a housing program continuum that seeks to stabilize house lease or rent. create home owners and be an economic engine to the neighborhood. Goal one includes several operational objectives that are already in motion such as identify target locations for new affordable and attainable development in the next 5 to 10 years that align with plan infrastructure extensions. For this end, community development will provide a GIS map that identify these parcels and allow us to track these over time. Having dedicated county funding to support the community land trust as a permanent affordability investment to create affordable and attainable development and match with competitive estate funding as the board did in November 2025 with the inclusion of the community land trust in our ICIP. New objectives are, for example, exploring new financial tools, create housing that benefits the community as a whole with public and private partnerships, and work with private developers to include affordable units within the new developments to create a continue addition to our housing stock. For goal number two, support strategic growth through aligning affordable attainable housing goals and development and investment opportunities. This goal include three operational objectives. Make modifications to the land use code to streamline ADU approvals. Expand missing middle housing in rural zones. Identify land acquisitions or conveyance to affordable and attainable development partners. Establish an interdep department interdep departmental coordination team to align housing infrastructure capital improvement and economic development priorities for colonials and unincorporated areas. For goal number three, community outreach, expand housing information, outreach and resources to developers and the broader community. This is a high priority goal and is all about informing and assisting the community to learn more about housing programs and the resources available not only within the county but connect them with existing opportunities. As part of the um stakeholder interviews and the survey, we identified that most of the resources are in Las Cruises and our residents need to commute and sometimes have to have long waiting periods to access information and resources. We need to address that and we can do it um in several ways. The housing department website will be a good tool creating workshops and trainings outside of Las Cruuses in order to alleviate their demand but also to serve the people where they are. Create easy to understand guides materials of the UDC to make it easier to digest and understand. Adopt a process for reasonable accommodation for units or public or common use areas for a person with disabilities when zoning start standards cannot be met. And finally, establishing an interdep departmental coordination team with health and human services that recognize the critical link between stable housing and community health. The final two goals, supportive housing and best practice tracks. As we know, the county has um a few units of supportive housing. We want to capitalize on that and develop a supportive housing community for unhoused residents in a 20-year target. The goal is to build two to three permanent supporting housing developments, delivering 350 deeply affordable units in partnership with the community land trust. The county has made progress by launching a pilot program for just involves justice involved single adults. The future might include supportive support supportive communities tailored for single mothers and other vulnerable population. The final goal is best practice tracks as the county housing infrastructure is built. Add new programs and best practices that have been successful in peer counties and cities. This will have uh two-prong approach. property stabilization, preserve existing housing stock, protect rural residents and mitigate displacement. And the second area of this is education and advocacy. Conduct saving workshop, homeowner, financial literacy and community campaigns to build sustained public support for affordable housing. Thank you. I stand for questions. Thank you, Miss Andre. Thank you. Good morning, Mr. Chair. Good morning all. Good morning, Daniela. Good morning. And I apologize for coming in and out. There was some phone calls I had to take. Um, but as I'm looking at these goals, and I think they're very attainable, number one, but when can we start? Do we have a timeline? And as I was listening and also going over these yesterday, um if we can address the timeline first. So I'm particularly looking at uh goal number three, community outreach and you're saying that is one of the highest priorities. So do we have a plan on when we can commence that? Mr. Chair, Madame, yes, we do. I'll provide an additional updates after this presentation regarding certain of the tasks that are already being completed and are in progress. But regarding your question, the education and um community outreach component will be the first one we will need to hit. We already have a program portfolio. There are at least 30 programs that will be developing as the housing department grows and we have a staff ready to do that to address not only um the programs for assistance and direct assistance to our uh community but also to educate them on what their rights are, what their needs are and what they can do for the future to become better renters and someday homeowners. So we do have um education as something that is going to happen in this fiscal year. Um and then after that we will promote constant education plan for homeowners and tenants as well. So when we're talking about the fiscal year are we talking about a month, 60 days, 90 days, 120 days? What's my question? Of course ma'am. Currently I have the list of all the trainings that we will need to do. We will h as you know housing department is a one person currently we're hiring. As soon as I have a team and I'm hiring at least two people to the team, they will be tasked to not only create the RFP for this and find the better way if we have internal resources, if we have state resources, but we aim for at least in the next six six months to create the content of the programs, the trainings hire someone either a consultant firm or partner with Housing New Mexico to provide this assistance. Uh we can also reach out to um the department of housing and urban development to provide assistance and be able to start within the fiscal year which will be next 2028 January to June to be able to um deploy pilot training programs in our unincorporated areas. Thank you. So my next question is you mentioned problems with people securing title to property or to to um obtain generational wealth or a generational family home. Have you spoken to the probate judge to perhaps having clinics throughout the county so that um advice can be given and also sponsoring free legal clinics to address address this because I know there's attorneys in town that are already uh providing these services at free legal clinics. So, is there a thought to join with them uh to have an attorney there and and maybe streamline the process because some people really don't know where to go and if we have those attorneys that can maybe go to Hatch or Sunland Park or Vado or wherever uh these clinics can be established that might be helpful. I think I know a lot of people don't know where to go and that might be one of the steps. Mr. Chair, madame. Yes. Um, our housing strategic task force as you know um has been working in the last two months and they supported and promoted the idea of not only providing these type of assistance but also partnered with all legal clinics and even maybe reach out to private firms to see if their proono time is interested and collaborate with us. All this has been thrown through the um operational housing plan that I'm going to be talking after this. And as we define how these type of programs will work with the legal department and what is the reach that the county can have, we also want to be able to promote any kind of service available to the residents on our website so we can connect them. Another part of the plan is to actually line or define a process because a lot of the time is not knowing where to go and not knowing where to ask. So the the the workload be will be internal first to figure it out a good process with all the different variations that some of the residents might have and when legal and of course the board approved this we will be able to partner with not only the private judge but hopefully private partners as well to serve the community. But thank you. Yes. Thank you. I have a couple of questions Mr. Chair. So, I've had calls from our citizens lately and regarding county ordinances. Los Cruus has allowed locas to be placed along primary residents and I know that you have to talk to uh community um development. Um, but I've heard complaints where you have maybe an acre or two and there and the ordinances are so strict that they're not allowing little casitas or maybe a duplex to be placed on that. Who's responsible for that? Is that you, Miss Aworth, uh, to push forward on that or um, I just thought this might be a good a good opportunity for me to get that response. And I I think while Miss Insworth's coming up too, uh, Commissioner, I think one of the other things that has to be considered is the fact that while this in the city of Lasus, they have sewer and and utilities. And one of the challenges we have is that there's a significant amount of areas across the county where we don't have that. People are on septic. So then you have guidelines by NMEED that set that. So, I think like even now to have a I could be wrong, but I think to have like a threebedroom a septic a plain septic system on a for a three-bedroom house on has to be something like.7 acre 3/4 of an acre lot which you know nowadays to buy land to do that it's almost restrictive. It prices people out to live in the county unless it's a very small home. Um otherwise then they require you to have advanced septic systems which cost a exor you know exorbitant amount of money to be able to do that. And I think that's one of the things that we're seeing is that as we see development I I I know in my district you're you're seeing them build on oneacre homes and they're selling them as you know you get space but the reason they have to do that is because of the the the uh land needs for leech fields things like that for the septic system and I think that's something we have to address is as we talk on uh our infrastructure needs how do we how do we navigate that and I don't know Miss Ainsworth I don't know if you can address but I think that's part of what the challenges that we have with approving some of these. Mr. Chair, Commissioner Chaparo, that that is only part of it. Um, our ordinance is restrictive and we have made efforts over the last couple of years to build in some flexibility. Um, one of the issues that we had is that the size of the accessory dwelling is limited in most zoning districts and we were able to raise that cap in some of them. We're planning to come back with another round of amendments to the UDC that would allow in all districts a larger accessory dwelling unit. And why that cap is there, I'm not sure. It was approved that way back in 2016. Um I I believe that we should not be limiting the size of the accessory dwelling unit and I think we should be looking at allowing them by right in more districts. One of the issues we've encountered is opposition from some of the members of the community. Um there are areas where people do not want accessory dwelling units or they don't want their neighbors to have accessory dwelling units. Um but there are many areas of the county where it would be appropriate and it would um it would certainly uh allow for a lot more affordable housing opportunities if we did allow it by right. So you can expect to see that within the next few months. Um, of course it will be going to the planning and zoning commission for their recommendation and then it would be coming before you with along with some other amendments that we're planning for the UDC. I love that answer, Christina. Um because I'm thinking of people that have lived on their property for years and it's a family home and the property is large enough so they can build a casita for their mother-in-law or for the abuelita and and so I'm thinking of that as I visit my district and I've have visited Sun in the Sun Park Santaesa area and so that just that question came to mind. Um, and if we can commissioners move that along quicker because I know that that the seniors in the county are having very difficult time finding homes. Um, so thank you for that. You just made my day quite honestly. So if we can move forward on that quickly, I I would appreciate it. um for our two assistant county managers that are here. I think that should be one of our priorities is making certain that those ordinances where those caps are lowered in the areas that we are allowed to lower the caps so that hopefully private developers can move forward on perhaps addressing this housing issue. Thank you. Thank you, Christina. I appreciate it. So, I have another question. I am aware that the renters are often time well sometimes afraid to go to court to have their rent abated if they don't have air conditioning or plumbing problems or whatever problems they have. Um is there any we can do to alleviate that fear? I know some of the landlords are perhaps not providing appropriate housing for the rent that they're charging and and I don't know the answer to that because if they report the issue then the landlord says well you know you can't live here so you're out until I fix a problem and the problem isn't fixed and then they get the next Mr. Chair, Commissioner Chaparo. Um, as housing, the only thing that we can start doing is educating both landlords and tenants on the Fair Housing Act and on tenants rights. And those are considered within the programs that we were discussing. um for education. People need to know what they can ask for and that they do not have to settle and landlords need to also understand um what receiving a uh having a business and receiving income um put them in the responsibility of providing a good service. So as part of the fair housing act and all the trainings that is not just for the housing people but also for our community, we want to educate all parts involved and then move from there with partnerships and promote these all across the county with our other incorporated areas like Sunland Park, Messia, Anthony Hatch and the Mesa Valley Public Housing Authority and promote all this so our community understand that they have rights and they they deserve to live in a dignified household with all the services that are paying for. And if I may suggest just because I'm seeing this very often every week when I go to court, I'm seeing these issues with landlord tenant issues and maybe creating a flyer or maybe have talking to the magistrate judges and allowing the county to have a desk somewhere so that information can be relayed to the landlord and tenants. I'm just throwing ideas out there. I'm seeing it every week and it I've been an interpreter for years and years and years and there's I don't think there's a year, pardon me, a week that has gone by where there's not been a landlord tenant issue where the landlord is perhaps not knowledgeable on the law or not wanting to follow the law and the tenants are being ejected for reporting the problem and and I Again, I don't know the answer to that. But my suggestion would be is maybe setting up the magistrate court once a week if we're allowed to do that and speaking to both landlord and tenants on certain days. And I just don't remember the calendars. There's what eight judges over there, but perhaps speaking to them might give us some more ideas. Thank you. Thank you, Mr. Chair. Thank you, Commissioner Kimell. Mr. Chair, I'd like Daniela. Thank you for being here. This is really really interesting and and along with what Commissioner Chaparo says, who enforces the Fair Housing Act? Do you have to go to court to get relief? Well, do you know, Mr. Chair? Go ahead. the the county it's bided by policy and um resolution to enforce and adopt the Fair Housing Act in and I'm going to say when it becomes a private outside of the county relationship such as tenant landlord we might not be able to intervene but we definitely can assist. So basically they have to file a lawsuit if there's a problem. They will have to follow the proper channels. Yes. So when you're talking about somebody in a very low rent, mobile home, trailer, and they're being treated poorly, there's very little they can do for recourse. Right. I I'm kind of curious. I I don't know if if if if as possible. I was kind of curious how I know with we have Miss Green here. I I don't know. I was just curious if how the city is there a way that the city of Las Cusus uh handles that uh if you see those cases and if it's the same or any guidance. Just kind of curious to understand how you all handle it. Good morning, Commissioner Natalie Green for the record. Uh housing administrator for the city of Los Cusus. So, we have um several things. One, if it's a landlord tenant issue, we do have a hotline so residents can reach out and we do take county calls. So 575-528-3022. As part of our landlord tenant efforts, we purchased um well over a thousand landlord tenant handbooks in both English and Spanish. So we have copies of those and happy to connect uh Daniela to New Mexico Legal Aid who publishes those. Um and we pass those out both at city hall and then we also email the link um when residents reach out to us. In terms of fair housing, uh the city does have a comprehensive fair housing ordinance. Um and we can take cases through municipal court if it's in city limits. However, uh historically we have a referral process and we send that to the US Department of Housing and Urban Development and their fair housing team and they have a hotline, a website and an app where residents can um submit complaints. I will say that under this current administration, we are seeing less enforcement of fair housing issues. Um, but we can and we'll continue to work um with Danella on all of these as we we have some of this infrastructure in place. So, I do want to congratulate you guys on taking this bold step forward. I was listening to the legislature last week and they had a a presentation by Pew Research and they talk about how housing issues and the housing crisis is really a regional issue. Um, so us working together regionally is is what's going to move the needle. So looking forward to that. Awesome. Thank you. That's Mr. Chair. If I can just uh add Steven Lopez, one of the acting county managers. Um, one of the challenges that we have as a county is we do have um, and I know this is a a term some people don't like, but it's true. We have some slum lords out there who are absolutely taking advantage of certain individuals. Um it's a cash basis rent uh monthtomonth. There's no contract. There's no lease. Um and those tenants are very much under the thumb of those slum lords. Uh some of these don't have regular electricity. They're running off extension cords run from a neighbor's house. Um some don't have windows or doors. Um a and from the county side, uh Christina's team is already working on changing our environmental codes officer positions to codes officer positions so they can do more than just address weeds and trash and they can actually help us address things like housing that is non-compliant. Uh it's going to take us a little while to get that team trained up. Uh Christina and the team and I were just meeting last Wednesday uh discussing that that transition. Um but we also need as Daniela pointed out, we need a place for these people to go and that's where the the housing stock really needs to be developed and that's going to take the county and it's going to take our private partners. Thank you, sir. Okay. Um thank you, Commissioner Kimble. Hey Daniel, I know this was a lot of information as we were going through and I think what's interesting is um when you look at percentages, it's almost in some ways misleading in a way, right? because I I I was just taking some notes where um when we look at the increase in income um I think it was early on in the presentation we you talked on the the median income of on slide seven owners versus renters and what we see is basically a a little over 50% increase in median income for owners and then a 100% increase for renters which you know probably I think when you look at percentages that sounds amazing because that's a huge jump in that time frame but then because I I just happened to look there was another one where you said um I think on the next like one of the next slides where you talk rent has increased by 61%. And our average increase in income has incre like in here it says 74%. But really the the the reality is we were so low in terms of income and and so while it's great to see the that we've incre that that that we've seen progression in that it's just like we're we're not there. Um because I know you had that that the average rent increase to a thousand thousand a little over $1,000 which prices out a lot of people. Um, I I was kind of curious when you look at this data and you look at these median incomes, where did this I guess the values what what population was this pulled from the data when you determine the median income? [cough] Mr. Chair, the area medium income, it's pulled from the US census information. Use that information for this. So it's the whole Las Cruises metropolitan area what they call and includes Donana County. Okay. Unfortunately in the income Las Cruises and Sunland Park create a very heavy deviation on the income of the rest of the area. As we can see, Slang Park increased 171% on income, average income, and that totally skews the rest of the county as we know that other areas didn't increase that. And I and I think that was because that was my next question. I think on slide nine, um they you had um we talked on poverty by jurisdiction, but was kind of curious. I don't know if we can see at all, you know, what the poverty is. Is it by census track or even the actual communities? Because I was kind of curious where as we talk and look at all the different colonials across the county, was there any one area in particular that was lower versus, you know, if I look at Donana, which is just right outside of the city of Lasus, is there, you know, maybe that's a little closer in terms of of values to or or the data to the city of Lasus? you know that I was kind of curious to understand that piece of it because I think I would love to understand is there a way for us to address those areas in particular that that you know that have even lower you know what I mean if if we have significantly lower income uh and and and significantly higher poverty in some of our colonials is there a way for us to to address that because I think in those areas you know that's probably one of the bigger needs to create housing in those areas without having to create huge logistical issues for those residents that now have to you know if they if they live like in Salem and we say you you know we have a lot of we have we have uh homes further south well then maybe their their job is close to there or their family or whatever. Like I said it I think when we when we look at the strategy I want hopefully we can figure out how we can we can attack that along with the where the where we see the the data is. Um the one of the things that I want I just made a note of because I know you talked about the the the federal disaster amounts and how we've tried to address that piece of it and just for the public's knowledge that you know you there was the note that that right now a lot of what we see in the county is it doesn't reach the threshold of disaster limits and the reason it doesn't these days is because the federal government increased significantly that bar from what it used to be. Um, and so [clears throat] like when we look at at Vado, um, that was the county stepping in because we we we weren't able to address or or meet that debt that uh that that disaster amount. And so I think that's what's going to become important for the county is that we're going to be having the ones to step in to help our residents because the federal government um is not going to be the one there that's going to help us in the future unfortunately. And I think as um Miss Green noted, I think in u you know under this administration, we're seeing HUD not you know help with enforcement either. So, unfortunately, we're not seeing that. I I at least for the next couple of years, we're not going to see that change. Um, which is really frustrating. Um, on probate, I think you you you hit a particular point, Commissioner Chab, on on probate because I think we just had a case um where we were immediate uh remediating a property and the person had not after the death of the of of the owner, the next of kin had not addressed that. And so what happened is it's no longer could be taken care of by the probate judge. It has to go to district court. And I I I a couple of notes I made and just was I know the county clerk has her has her podcast um that they actually did a a a episode on probate and the importance of it and it was just interesting because I didn't you know I think as as I've had per me personally I've had some uh people in my family pass it's like you never sometimes that's the last thing you think about is having to go and have properties properties probated and all the processes. So, I think the as as you said, Commissioner Chab, finding ways that we can educate people is going to be important, but I was just wondering and maybe you can help answer this for me, Commissioner Chabaro. When we have the fees for district court, where are those said? Is that by the state or the acco? Like, where where are those fees determined? Do you know? It's by the state, I believe. And um I know that there are ways to uh become or apply for indigent services and even for the fees and I know the judge the judges can wave a lot of those fees. I also know uh the administrative offices of the courts are very much involved in the fees. So maybe working with them so that lawsuits can be moved along. Uh most of the land well yes most of the landlord tenant cases and Alonzo jump in if I'm incorrect but most of the landlord uh tenant cases commence at the magistrate court level because it's under okay uh $10,000. There's some that are higher, but yeah. And I and I was because I was wondering as we get ready to go into the next legislative session if that was something, you know, seems to me there should be some ability or my hope would be there would be an ability to address some of those fees so that we could make it affordable because I could see those fees becoming a barrier where people are like, "Oh man, it's going to cost me this much. I I I don't I'm not going to go and take care of this now." And so maybe there's an opportunity there or and even or incorporated into if there's ways for people to apply for waiverss from the court. I think that would be an amazing thing. But I love the idea commission that you had of trying to find ways to bring the magistrate court or you know out to the communities because if you could if we could take care of the services and get that important piece done that that would you know be uh a big step. Um, the only other item I had and I was kind of curious as we go through the um, as as Christina noted on revising the UDC and I think a little bit I think you had talked about it. I didn't make a note of the the slide but um, the potential of having mixed commercial this here we go the mixeduse zone. And you know I think there's there's a lot of potential for this um in where we can have commercial and potentially you know residential above and and by doing that you by having um cost split it creates an opportunity because it becomes affordable to the developer but also brings more economic development into that area. And so I would love to see I I don't know if I think uh Commissioner Shel Nandez had once suggested to me in an idea that he had which was to do something like a TID in all of our Colonia like in the in the the sites themselves to try to spur that type of development where maybe you know we can do commercial with mixed use do some residential with commercial and see how the private uh you you know, private businesses can help maybe help us with creating um inventory in those areas. And I think one of the things that I I I love the idea of it because um as we go through and and and update similar I think hopefully how the city of Los Cusus has done um it just happens that a lot of our communities and those are already being served by sewer um in those areas in in um in the community. I think like Donana, Hatch, um I know Hatch doesn't technically fall, you know, I know they're their own municipality, but like I said, I think those areas already have sewer which creates the ability or at least gets past the the infrastructure limitation or if there was a need potentially we could do a PID as well. You know, I think there's a lot of opportunities for us to come up with ideas of things we haven't done before to get creative and try to start spurring this. So, I'm excited to see how what changes come to um the UDC and and make it more accessible. I think as Commissioner Chaparo noted, I think that I love the idea of how do we get the ability to have those accessory buildings or casitas because um not only is it becoming more and more expensive for um senior living and and helping address those in our in you know our our seniors as they age. But I think there's also been more of an emphasis to keep them, you know, give them some independence, but keep them in the family so we're not they're not feeling like they're being pushed away. And so I I' I'd love to see where that where that goes. So I'm excited. Um the only I think the last thing I have was do we have any updates on the community land trust initiative? Yes, sir. And if we are okay with moving on on the draft, I can provide those updates that I plan. Um I'm taking notes of everything you have shared. And let me say that um the work that um the consultant did on reviewing the land use and policy um and the review of the UDC was very thorough and community development supported the initiative. So we are very excited to see all the changes that were mentioned and other that you know are very technical and not here come to fruition and supporting affordable housing in a better way. So, thank you for that. And as we add this comments to our draft, we will be bringing um any substantial change that Housing New Mexico might suggest to you. If it's something not substantial, we will bring the resolution to you with an updated ordinance um to start implementing our plan. And and Mr. Mr. Chair, if I may. Um, yes. I think you brought up a great point to identify the areas that are most at risk regardless of the district it is uh where housing can be provided and maybe form some private public partnerships. I I know at least in my district I have some very affluent residents, but if you go further east, I have people living in mobile homes where they put yanthas on the roof or they put tires on the roof so the wind doesn't blow their roof away. And some of those mobile homes are very very old. So if we can work towards identifying the areas that need to be addressed quickly, I would appreciate that. I I think that was a good idea. So thank you. Yes, ma'am. Okay, if we can please open attachment 1.2. Well, Mr. Chair, commissioners, the first update from the housing department is about the housing strategic task force. As we mentioned, it was informed to you that we will request staff from the county to volunteer for this task force to create the five-year operational plan from the housing department. It is my honor to present the deliverables and say that we complete and met our goals ahead of the schedule timeline. The people that work in this team came from um a diverse of departments. We had um public works, the office of emergency management, the legal department, facilities, HR, budget, health and human services, the clerk office, and the fire department. So it was a very robust team very with a very technical approach that also brought the community input on the needs. This plan will provide the road map for the housing department for the next five years. It aligns with the goals that we discussed in the affordable housing plan and aligns with everything that the board has um mentioned today. We will follow five goals internally. We will have our own measures and um key performance indicators will be reported in periodically to the board and to the leadership. And finally, the last deliverable that this task force um helped us put together, as I mentioned, was the portfolio programs, the housing department will be creating to be able to apply for grants, to be able to serve the community directly, and for training and outreach. All these programs were prioritized based on different components such as operationality, financial feibility, and community impact. I wanted to highlight the work that the task force provided to the housing department. It was an addition of the Daisy task. So, I just want to show my appreciation and I hope some of them were here. They were invited. Um, they they just wanted to work in the background and sometimes they don't like to be recognized, but um we did all this in seven weeks and our goal was eight. So, I was very proud of them and I'm very excited of seeing this coming to fruition and being implemented. Thank you. Or um if they can open please. Attachment 1.3. Coming to the update of the community land trust. We have exciting news. Um our contractor engineering architectural firm provided the first draft of what would it look like our community land trust. While we still work with BLM on the acquisition of land, we have moved forward with the preliminary design. This is a uh combined effort from public works, the flood commission and the housing department working to assess all the risks involving the area. As we know, we have um some aos crossing through and we can see how all this will not only benefit the area of the community lands but will benefit the communities nearby and it will plan for the future on how address all these needs. Quickly um the green areas of course dark green will be active recreational areas. The light green will be passive open spaces. Um, of course, this is just um a very very initial sketch. We can see the colors of the of the little squares and bubbles identify as density. The lighter color um it's the low density. Uh residential will be single family homes. the color I'm going to say pink on the far left by Holorn Road address what you were commenting on Mr. Chair commercial area since this commercial area will serve not only these subdivision but the plan uh regional park that is across the street from Holman. So we have mixed use areas in the red and the high density or apartments in the color brown in the north side by a road. The little green dotted line across is a trail system that will connect all the open spaces with the recreational areas. and the county will work on the streets surrounding the subdivision to handle the traffic. As we said, it could be at least a minimum of 400 units with an estimated up to 800 depending on density. As you can see, the whole area is 366 acre 66 acres with 128 of potential housing lots. That is a lot of residential area. This is the proposed design so far. if any feedback after you heard all the trends that we have in our affordable housing plan. Um this is highlighting 23% for mixed use with commercial at the bottom residential on the top high density and apartments 17% um medium density which is duplexes and triplexes um 23% of the land and low density single family homes at 38% since it's the majority of area required for the build the construction. If you have any feedback on this, we will welcome as we will have a couple more renderings um that we will bring to the board for your feedback as we nail down the requirements on um not only the residential and housing requirements but infrastructure as well. Just a question, Mr. Chair, if I may. Yeah, Danielle, thank you. This is this also has made me very happy. That's two happies in one day. I'm waiting for a third now, but I'm I'm happy to report this is in my district and I think it's going to work exceptionally well. My question is, and I don't know if maybe Mr. Lopez can answer this question because I know he drives around in his truck um often in my district because he lives in my district. So, what I'm thinking is there's there's a little area off of Sonoma Ranch and Gayahitas where they have little town houses and little walking paths and teenytiny little grass areas for children to pay play. Is that what I'm envisioning with this? Is that the kind of development that is coming to mind? Mr. Chair and Commissioner Chap. Um, yesish kind of, but much bigger. So, uh, if you look up in the apartment complex area along a royal road there, you'll notice that there are three and four acre parks. Um, so those are kind of what you're thinking of uh in the Kayahitas area, but you'll also notice kind of in the center there are three 10acre park areas that actually combined are larger than Young Park. Um, and they have been split up a little bit so that there's better access and there's not that kind of Young Park. Right now, if you're in the middle of Young Park, you there's no natural surveillance um from the surrounding neighborhoods and the streets um which does cause some concern of of people using that especially in the evenings. So, this has actually been designed to provide that natural surveillance and connectivity to the community. So, um, it it will definitely have those small little pockets, uh, of green space and then it'll also have that opportunity for some really large areas. Thank you. Thank you for answering that. I'm just trying to wrap my head around what it's going to look like and I really like the way this is divided. I I think we can do a little bit of work on it that might make it more advantageous for the people that live there. But great start. Thank you. Thank you, Commissioner. Commissioner Kimmel, do you have any questions? I I just want to echo what Commissioner Chabro said because I think one of the things that uh I think after the presentation we had of that preliminary plat a couple of meetings ago um that we had by the thirst I think that that's what I think comes to mind and but I particularly love the idea that I I didn't realize it took me a second to see that active recreation open space area because it was a different color but it's it does create that kind of continuity ity right in the middle. And um while we I think that's that's going to be critical because I think as long as we have these places for the in the community for them to be able to come and and and congregate and have some of those open spaces, I think we've seen more and more of that in other communities across the US. Um and and so I'm excited to see us leveraging that. And I think even just having having a draft is what really kind of makes it exciting because it's like there's the thought that was there to to be very intentional about how we're doing this and that we can leverage into the next step. So yeah, I'm really excited um about where this is going. Um I mean and it's and it's funny because I'll say one of the things uh when we had our board retreat um this project the the community land trust was one I had heard from a couple of other people from other departments that this was exciting to them and I think that was really really awesome feedback because you know we we've been trying to work on a roads initiative we've tried to work on a bunch of other things but the fact that they saw this as as something they're excited about was very um fulfilling for me and I appreciate everything you've done Daniel Della because I know you have created you you you've you are you are the housing department [laughter] and you've create you know you're you're starting from scratch to create this is from new I know um so this is such an important piece we've seen what they've done in the city of Lasus so I'm hope you I think as Miss Green said, I'm excited for the future partnerships and how we can continue to do that. And I think doing this in the East Mesa is because that's been the area of significant growth in Commissioner Chabato's district makes absolute, you know, I'm excited for how that that grows and and brings more to the community and continues that. So, thank you so much, Daniela. Thank you. And if I may, please can open um attachment 14. Let's see if we can give another good news [laughter] to the beginning. Mr. Chair, you were mentioning about the Solaris Springs um subdivision that was presented um last month. So in June 23, 2026, the community development department and Ken Thirstston development presented the Solaris Springs community type and preliminary plat approval at the BUCC meeting. [clears throat] In response to these the board's feedback regarding traffic concerns and noted that this is the first county's uh community type subdivision leadership, county community development and the housing department evaluated a potential partnership with the developer to promote affordable housing. As the Solar Spring subdivision develops and traffic increases at these primary access points, road improvements will be necessary because the county already plans to expand Peach Tree Hills Road. Adding the third line presents an efficient solution. Hornado Road could be another potential improvement to be considered. In exchange for this county investment, the developer will dedicate lots from the Solaris Springs subdivision to the community land trust, providing opportunities for subvice um subsidized [clears throat] permanently affordable home ownership. If the board supports this potential partnership, the county and Kent Thirstston developers will proceed with negotiation to formalize a development agreement. As we can see in the screen, this is the originally um submitted preliminary plot from Solaris Springs. Uh we can see the area for at the south of Petri Hills Road that will need improvement potentially Hornado Road on the um west side. Any comments? [laughter] No, I'm I'm a I'm excited for the partnership [laughter] uh and get us because I think that you know um anything we can do to to you know move forward with with the land trust even um and create I know it won't be you know I think for the it'll be the first land trust in the area. Um, and so I'm excited for how we can show we can bring this tool to the community and and hopefully create generational wealth. So I'm excited. This is really good news. I was just speechless because, you know, where do you where do you go with with that? So thank you. [laughter] I'm glad. I think it's great. We don't often get that kind of good news unexpectedly. That's nice. I I agree. We need to do whatever we can and this is a anything to help the community land trust, I think, as well. I think it's such a great concept and and it's going to serve a lot of people and I I'm excited about this too. Thank you. Thank you all. I think that's your new you know I think there is yes interest that we want to move forward with it. Absolutely. Thank you. Thank you everyone. Is that uh that was the the grand and this is the grand finale of the housing update. [laughter] I appreciate your attention. Thank you Daniela. All right. Um the Did you want us to All right. The the second item on our agenda will be talking about the community monitoring committee related to Project Jupiter. Um, I had received a uh a proposal from members of the public and so I'd like to invite Miss Lyn Moore if you'd like to come up and uh provide this the presentation on the um on the proposal. And I know we we uh I know that they just passed out the uh file you had. I don't know if there was anything any files you needed to present online or any slides. There are no slides for this presentation at this time. I'm giving you the full text and you'll see for those of you who have seen an earlier version of this, this is expanded somewhat. This provides more detail, but I think this will tell you everything as to where the plan is right now. and then of course it'll need to be tweaked as it goes forward. I'm Lynn Moore. I'm pleased to outline my proposal for a community monitoring committee related to Project Jupiter and I thank you for considering it. I'll be happy to answer any of your questions at the close of my presentation and my presentation includes several citizens to also provide their thoughts on this. This proposal is for an independent information forum related to Project Jupiter operated by and for interested citizens. It's based on my experience in two states where I worked as an environmental consultant before attending law school. In Nebraska, the monitoring committee dealt with a proposed nuclear waste disposal facility. In Pennsylvania, it dealt with a proposed commercial hazardous waste incinerator. In each state, the city's formation was required by state law. It was a wise provision because in both cases, the local monitoring committee provided a very valuable function and served admirably to inform citizens, elected representatives, news media, and the public at large through focused meetings with key players, including regulators involved. I think the time is ripe for setting up a community monitoring committee in Donaana County to take a close look at project Jupiter from many important perspectives. It can provide a valuable service for education and an essential outlet for robust discussion about a project of immense public interest. My proposal envisions 11 committee members who are appointed by the board of county commissioners. Two would be selected based on letters of interest submitted by citizens by each commissioner residing in their district. The commission chair selects a third member residing anywhere in the county. So there's an odd number of committee members. The commissioners would take responsibility for selecting committee members who have a balance of perspectives. It would not be a good idea to appoint to the committee any candidates for public office or people on a soapbox. The letter of interest, which is the last page in your packet, includes the contact information for each interested citizen. This means each commissioner can call and chat briefly with each interested citizen in their district to get to know them a little better before making a decision. In fact, I would recommend it for people you don't already know. Finally, the members selected may not have any financial interest in or support of, excuse me, no financial interest in support of or against Project Jupiter. Committee members would then elect their officers who would run the committee and all its meetings, both business meetings and information meetings. The committee would convene an information meeting approximately every month depending on availability of invited experts. Each roughly 4hour meeting preferably during the day on a Saturday would focus on one main topic related to project Jupiter selected by the committee. For example, water usage or air emissions or economic impact. This will allow indepth examination and energetic discussion regarding each main issue. The committee might decide down the road that one or more subjects need to be revisited for an additional information meeting or two because of changes the project Jupiter companies made to their technology. For example, if the New Mexico Environment Department denies the requested air permit, that will be a gamecher. Of course, at each information meeting, members of the committee, members of the public, county commissioners, and news media representatives would have an opportunity to ask questions and or briefly present their own research findings on the selected topic. After the project Jupiter representatives and the invited experts presentations, the public would be invited to suggest future meeting topics, experts, and questions at each meeting and on the county website. The committee would select each meeting location in Donana County, rotating locations among the places most directly affected by Project Jupiter. Each information meeting would include a break in the middle of the meeting session when water, snacks, and finger food can be shared. The public will be invited to bring snacks and finger food to share at future meetings. And I can tell you that in Nebraska and Pennsylvania, this was one of the favorite parts of the meeting. a great social occasion. Each committee meeting would be recorded on video, then posted on the County Project Jupiter website. The plan is to have a Spanish interpreter and a court reporter assist at each committee meeting. You all fully recognize that Spanish interpretation is essential to allow everyone affected by the project to fully participate. The court reporter would help assure that a complete verified record of each meeting is created. A record that is key to holding everyone accountable. The meeting transcripts in English and Spanish can then be posted on the county website for any interested party to review. With respect to the county website, my proposal envisions the committee having responsibility for the website content related to Project Jupiter, conducting research in order to answer the questions posed and offer new information. This important aspect needs to be conducted by qualified persons with experience in vetting experts and so-called expert information in environmental, energy, and economic fields. At a minimum, the county would underwrite the committee's operating expenses and provide logistical support. Monies could be used for, but not limited to travel expenses, fees and accommodations for experts, news media notices, rental fees associated with meeting facilities, refreshments for meeting breaks, a Spanish interpreter, possibly a Spanish translator for transcripts if it turns out the court reporter is not a fluent Spanish person. a person who is not fluent in Spanish, I mean to say a court reporter and office supplies. And no funds would be accepted from project Jupiter for anything related to the committee, nor would there be any reimbursement to project Jupiter for any of its expenses for participation in committee meetings. An essential component of this proposal is that the commission send a communication to all project Jupiter companies instructing them to cooperate with the committee in all respects. This includes project Jupiter companies participating in information meetings when invited to present on a topic a specific topic selected by the committee. It also includes providing to the committee all its presentation materials in English and Spanish. 96 hours or four days prior to the meeting, as well as any other nonsensitive documentation the committee requests. Similar to the requirements the US Senate committees use for their invited witnesses and guests, this provides all committee members the opportunity to study the materials and prepare informed questions prior to the meeting, thus making the meetings far more valuable. As soon as the committee receives the presentation materials, they will be posted to the website so everyone can study them prior to the meeting. As I see it, the information must be provided regardless of format. It can be provided on ordinary pieces of paper or on spreadsheets or it can be provided in a compilation of company documents which record the original data. PowerPoint presentations if used should be provided but they don't constitute a substitute for actual documentation which should be provided to the committee. It's not sufficient to assert that information need not be supplied because for example a state agency doesn't have certain online formatting issues figured out. [snorts] This is the explanation for why project Jupiter did not submit the first and second quarter employment reports as required. Project Jupiter, which is supposed to have the underlying data, needs to provide it regardless of format. At last Tuesday's commission meeting, Oracle and Stack Company representatives could have just stated the jobs numbers orally, omitting any confidential information and referring to notes if necessary. That would have worked fine. For companies that tout their cutting edge leadership in the burgeoning data center industry, I have no doubt they can solve the problem. for example, of getting accurate and complete employment numbers to Donana County regularly and on time as required if they choose to. The format does not matter. It would be a good idea if all commissioners attended each meeting. It would be like attendance at a workshop, would not involve formulation of public policy, and thus would not violate New Mexico's Open Meetings Act. Commissioners may ask questions like everyone else. They can learn and vigorously discuss along with everyone there. Importantly, they can share if a project Jupiter representative told them privately something different from what they say at the meeting. And they can also share their own research if they have some. My proposal does not envision creation of any kind of report to memorialize what is learned at the information meetings. rather one learns by attending and participating at the meeting or reviewing the video online afterward or perhaps both. This monitoring committee concept is distinct from a town hall meeting in significant ways. The monitoring committee dives deep into one subject per meeting with significant research preparatory to the meeting. Also, it features at least one expert in addition to Project Jupiter representatives so that there can be substantive analysis from at least two perspectives. By contrast, town halls deal with multiple subjects without significant preparation. Therefore, they don't go very deep, and I've never seen a town hall that had a court reporter who transcribed everything that was said. At best, town halls tend to be haphazard, not very educational, and generally unsatisfying to concerned citizens who want to get to the bottom of the issues important to them and who are interested in holding the developer representatives accountable for what they said at that meeting. In my experience, these monitoring committee meetings can help peel away most of the public relations gloss that one inevitably encounters with projects of high public interest and concern spurred by developers with deep pockets. I heartily recommend this community monitoring committee concept to you. It is superior to all other concepts if your goal is informed study and robust discussion about key public issues and I will make certain that it is not used as a political platform or political tool. Now I have several citizens who are interested in also preventing presenting uh short comments to you in regarding this particular idea and then once they are finished I think there are five of them then I'll be happy to answer your questions. Does that work Mr. Chair? Are we okay with that? Okay. Okay. Thank you. [clears throat] Good morning. Can you hear me? Yes. Do I need to move that? Okay. And I don't know. I mean, you can move it down a little bit. I just want to make sure that way. Okay. Better. Better. Okay. Good morning. My name is Joanne Bingle and I appreciate this opportunity to speak briefly about this terrific com community monitoring committee. The idea will help Diana County residents. But first, I'd like to salute my commissioner, Commissioner Shaparo, for her steadfast commitment to the folks in her district. The community monitoring committee as a serious study committee can help pierce and clear much of the fog about what we can expect to happen to us as residents as a result of Project Jupiter, both the positive and the negative. for it to work as intended. I think it is I'm sorry for to for it to work as intended. I think it is probably true as Lynn's experience in other states does indicate that the committee will need the commissioner's assistance in letting the pro project Jupiter companies understand clearly that they all need to cooperate fully with the commission with the committee I'm sorry with the committee the company represents the company representatives who have spoken publicly with the commission have committed to be here long term to have ongoing communication with the county residents and to be transparent and accountable. The Oracle representative at the board's meeting last Tuesday committed to be here whenever the county wanted him to be here. Company representatives have also enunciated a desire to combat disinformation. This monitoring committee will provide the perfect vehicle to achieve that if you help see if you help them see that it is in their best interest to cooperate on an ongoing basis with the committee. And this means showing up and presenting information when invited and providing the documents that the committee requests. Even if they are slow to recognize that cooperation is in their best interest, your instruction to them, of course, needs to respectfully make clear that lack of cooperation is not an option. I am excited that this community monitoring committee proposal has been put before you and there are folks in this county who look forward to this being adopted and I thank you very much. Thank you. Good morning. Good morning, Diane Starbucks. For the record, this community monitoring committee will provide a great service to Donana County. It will provide a citizen-led information forum that goes a long way to meeting the needs of all citizens across the county who are hungry for thorough factbased information about Project Jupiter. When the commissioners appoint two members from each of their districts to the committee, they can make sure that there's a good balance of viewpoints. There are community leaders who are interested in serving on the committee who are experienced in running good informative meetings where all points of view can be expressed. The plan that these meetings focus on one topic per meeting is a good idea. This will allow us all to take a relatively deep dive into one important subject rather than a scattershot approach which attempts to cover many subjects. These scattershot meetings usually leave citizens pretty unsatisfied as we could see last week. We expect to learn a lot. This will be assisted by the ability to ask questions of experts and project Jupiter representatives with adequate time for follow-up questions and a little dialogue so that information can be clarified. We'll be able to receive in-depth answers to our questions and engage in enough dialogue to come to better understandings of a lot of the key information about Project Jupiter's planned operation. Another valuable feature of this information forum by and for citizens is that everything will be on record and everyone will be able to hear the answers. It's very frustrating when a representative tells you some important fact in a private chat, but there is no way to hold them accountable for what they said unless you're wearing a wire. The meeting setup, where everything is recorded and transcribed, will solve that. Please give serious consideration to forming a community monitoring committee so all stakeholders can receive solid factual information about what is planned and underway at the huge Project Jupiter operation. Thank you. Thank you. Good morning. Good morning and thank you all very much. Um my name is Patty Hughes. Um the community monitoring committee I think is an excellent idea. County residents need a serious study committee run by citizens that seeks and finds straight factual answers to our questions about Project Jupiter. This includes what project Jupiter has been doing, what it is doing and what it plans to do. We need to hear from experts uh who increase our understanding of the bigger picture in which project Jupiter is operating as well as from the project Jupiter representatives. We also need to know when these representatives don't know the answer to something important. We have citizens who are interested in being appointed to the monitoring committee, who have the skill and experience to organize and lead public information meetings that accomplish significant learning and encourage discussion of key issues of prime importance that are to all of us. To be effective and have credibility, it's critical that citizens run the monitoring committee, not the commission or paid outsiders. Those who have experience with information forum citizen committees know that moderators have a useful uh don't have a useful place in the meetings and are not needed. Good committee chairs can do a uh the job of running balanced meetings. We know from experience that moderators tend to do more harm than good and become targets of distrust and derision from concerned citizens. Moderators invariably view their job as keeping a lid on things. The upshot is that in-depth questioning is squaltched or smothered. I encourage you to discard the moderator idea. The community monitoring committee concept envisions seeking input from citizens every step of the way about what subjects to study one at a time, about which experts to invite, about where in the county to meet, and about when to meet. Occasionally, that commitment to public in input can get messy, but it's entirely manageable and very worth it. This is a committee by and for the citizens. It's also inevitable that you commissioners will benefit from this study and discussion along with the committee members and the public who also participate. I look forward to it. I ask each of you to move this proposal forward and approve it as soon as possible. Thank you. Thank you. Hello. Good morning. Morning. My name is Mark Willard. Uh my wife Jamie and I moved here uh last August uh from Dallas and we live in uh District 4 up by Red Hawk Golf Course and I am a retired telecom executive. My company, Frontier Communications, which is very was very similar to Centry Link. Uh they had operations in 26 states, was acquired by Verizon last year. Uh I was offered early retirement and then I took it and we moved here to Los Cruus and have enjoyed it very much. Uh when we moved and the decisions were made on project Jupiter, I was not in involved. I was not aware and so forth. So got up to speed later and uh uh would learned how the approval process went and so forth. And my background in my company, I was uh in telecom for 35 years. And I was involved primarily in business decisions, business cases, uh contracts, things of that nature. uh providing uh support information and then in my later years approving uh decisions and uh reading the uh uh you know the events of project Jupiter, I was uh very familiar with the process that was followed uh and frankly and and you know I I think I have uh uh uh had had a similar situation happened to me in business before a lot of similarities frankly. Uh so uh earlier this year I was uh when the website went up uh I downloaded uh documents uh that were the contracts and agreements and member you know in the non-disclosure agreements what it was posted and started to dig in investigate exactly what was promised what was committed to what was the back and forth and uh I sat down with Lynn a while ago so I was reach because I was reaching out to her in her her uh uh uh uh legal uh capacity and uh she shared with me an earlier version of uh her proposal for the committee and I was impressed and I thought that's exactly what we need. Uh and uh so I have been supporting her since then in that. I'm very happy to see that it has gotten this far with the commission and that you're uh taken ser seriously. I think it's exactly what needed in my mind. The uh principal issue right now is uh what can the county do to hold the developer Oracle uh accountable for what has been committed to uh and uh so I'm very interested in helping with that. I think my background lends to that. But I wanted to uh speak with you briefly today and uh lend my support as a former corporate businessman uh to this effort. I think it's exactly the right thing to do. So thank you. Thank you. Good morning. Good morning. Uh thanks for this opportunity to address this issue. Uh what I see is uh a community that is politically energized around this issue. Um I am grateful for the political energy and the citizen involvement. Democracy is not and has never been a spectator sport. It's for those who want to engage and your citizens are engaged as you saw last Tuesday. Um I'm in dialogue constantly with people about Jupiter. Uh some people have no grasp of the basic facts. For example, IRBs are not public money. Many people still think that the county is investing in something. The county is not investing in something. uh private investors are investing and that's a very substantial fact but the facts haven't been established unfortunately uh the media has not been effective in communicating the facts. So, if there were a commission that could determine fact, that would go a long way to uh um helping the citizens make the right decisions. So, whatever this commission can do to determine fact and shine light on these issues would be very helpful. So, thank you. Thank you. I am happy to entertain any questions you may have or comments that could be very helpful to Yes, Commissioner. Thank you this morning. Thank you so much. I am so pleased. I didn't want to say happy four times. Um, but I'm very pleased um with your presentation. I must apologize for not having or not carving out time to meet with you. I have a full-time job, the commission, and personal obligations at this time, and I will carve out time next week. I have trials the rest of the week. Um, I think this proposal should have been done before Project Jupiter was voted on, quite frankly, and that way we could have obtained the information needed so that the community could have been informed and that we commissioners would have the opportunity to represent you adequately, at least adequately, if not effectively. But moving on to to what you've stated in the presentation regarding video recording Spanish interpreters and transcript. I think that is a fabulous idea. But I will insist on AOC certified interpreters and I will insist on ATA translators so that we don't have helter skelter translations or AI translations because the certified interpreters in this area will recognize the adequate language or what is required the required language for interpreting required language for translation in this particular area. It's different from northern New Mexico. It's different from Colorado or Florida or wherever else um we may need them. Uh I do have question if the committee disagrees who who do you envision will have the final say before going to the county or the BOCC. Let's say there's a dis disagreement among your uh commission or your committee members as to which issue to address at a certain meeting. I'm just thinking in the future. What are you envisioning regarding that? The um plan to have an odd number of committee members was intentional. So it so you cannot have a tie and the majority rules and it is the committee that decides among themselves what to study when etc. I can tell you from experience that the commission should it think that it might help to insert itself it won't. I can tell you for sure in Nebraska or in and in Pennsylvania where where I have experience, it was clear that the county commissioners needed to stay away. That is they can attend the meetings of course, but they were not decision makers once the committee was set up and it worked fine that way. The majority ruling uh was the end of the matter. But I'll tell you that there really did not appear to be any significant disagreement. As long as the committee was making progress, they got people to enlighten them. We had a steady stream of experts and um regulatory people too. We invited people from the applicable uh state agencies to come explain things too. There there were no issues. But what I envision is if there are if there is disagreement the majority rules and the committee decides and and in some cases it may be a decision okay we're not going to do this we're not going to go into that particular subject we're going to go do something else from my perspective and from based upon so many people I have spoken with about this idea there is a multitude a multitude of things to investigate and th this could go on for a long time [laughter] in terms of digging deep. So I think I have confidence in folks wi with your wisdom in selecting good um committee members who you will chat with enough to kind of get a feel of of them a little bit that that we can all work amicably together and and achieve good work even though there may be disagreement from time to time. Thank you. Yeah, Lynn, thank you for being here and I'm glad I did I did meet with you before. So, not necessarily how Commissioner Chaparo is asking, but would the committee then report to us at some point or any point or have you had any any points where the committee said, "We really need to ask the commission to do something about this." would you bring something to us and say we'd like to request you look at this or do that is there any kind of that interaction I suppose that's possible if after thorough discussion among the committee members that a um plan and a potential goal can be well annunciated and agreed upon. However, the one caveat is it cannot yield in the end any impression that the commission is controlling the committee. Right? You I know that that will kill it immediately. Okay. So there's got to be a way if if somehow or another there's some special thing that the committee together based upon their research and discussion and investigation wants to do some have some special communication with the commission about this. I suppose it's feasible but I can assure you it cannot be some sort of a uh communication and result which would cause there to be any question about the independence of this citizens committee. Right? So what what I think about it is that this is this is an emotional it's educational it's um supportive of the commission and supportive of the community and I think it's a great idea. I think the fact that you can bring people together and discuss things in an intelligent manner and listen to each other, I think it's an excellent idea and we we just haven't I know before uh Jupiter came the commission didn't have a chance to do that but going forward we can't miss this opportunity and and may I just reiterate that your presence is strongly encouraged at all the meetings so that you can ask questions along with everybody else. And you can enlighten us if you've heard something different from the Project Jupiter people than what they've just told whoever's at the meeting, the committee and and the attendees. Um because I know that can happen [laughter] that that you can have all kinds of different um pieces of information that don't really all add up. And so your role in addition to supporting the committee and appointing the members can also be critical in helping to bring to our attention as a participant in the meetings. If you're seeing something or had heard something different because we do want to achieve as close to truth as we can. Mr. Chair, please. May I bring up some legal issues that I'm seeing? I mean, and it's not I mean, the the committee was a great idea, but there's some things that I've spotted, a few things that I've spotted, and we'll just start with what I would think is lowhanging fruit. The meeting format, public will be invited to bring snacks and finger food to share future meetings and then county commission support. One of the things the money could be used for as refreshments for meeting breaks. Um, if someone gets sick, because I made something, and I'm I'm a terrible cook. Please don't have me make anything. But if someone gets sick cuz I made something, the fingers going to be pointed at the county because if the county's intermingling funds for for food and people are being invited to bring food, people are going to point at us. and and there's a risk issue there with someone getting sick, food safety, who's going to clean up at the end. Um, if stuff needs to be stored prior to the meeting, [snorts] who's storing it? Is it us? Is it the county or is it is it the public? Where is it being stored? Uh, things like that. Going to the county commission support. Um, this is this is more than just, you know, hey, we're going to underwrite. There's appropriations, procurement policies. We talk about uh travel expenses, fees, accommodations for experts, our travel policies, budget approval. So, we should consider identifying where that funding is coming from, who [snorts] authorizes it, and is there a budget cap? Because I mean, if we're flying people in, I'm not saying this is going to happen, but if we're flying someone in from Switzerland because they're the expert, where we have experts within the state, perhaps there's a difference there in how much we're spending on on that. And you know, we we want to make sure we're spending taxpayer dollars fiscally uh appropriately. The commission instruction to Project Jupiter, I'm not sure that the IRB allows the commission to instruct Project Jupiter to show up. Um, it does instruct Project Jupiter to do the the job reports, but I can get with our bond council on that and see if the commission has that authority to say you will show up and you will provide these other things as well. I I'm not sure that that's legally possible. I I'll get with our bond council and find out about that. Um, commissioner participation, it's a great idea. problem is if commissioners start like if the chair gets up and says well you know I spoke to Joe Blow at Oracle and he said this and then Commissioner Chaparo says actually I spoke with Jane Doe at stack and she said that the commissioner Kimble comes up and says actually I spoke with so and so at Yucka Growth and they said this now you're having a discussion even if it's in a public center now you're literally talking with each other and you might have an MA issue there and so I I I I don't want there to be an OMA violation If if the way to resolve that is it's a public meeting, then it's a public meeting and we we put out an agenda notice and all. But to say that it it would not violate, I think I think that's that's coming to a conclusion that we we can't be sure of at this point. Couple more things. Um this whole thing is great, but it doesn't say when the committee ceases to exist. Does it ever cease to exist? Does it exist in perpetuity? for 30 years with the IRB. When does it cease to exist? At what point does it through construction construction operations? And is the board does the board have the ability to dissolve this committee if it doesn't if there's nothing there saying it ceases to exist at some point? Is there a sunset date? Um, and to uh Commissioner Kimble's point, is there annual reports submitted as to what was discussed, what has been changed? um doesn't remain necessary. So it should address the duration, sunset, periodic review and authority for dissolving it. And with regards to the moderator, you know, if if if an outside moderator is not wanted, that's that's legally sufficient. But to make sure that the the it's run that there's an order to this, there should be procedures, you know, procedural rules. Perhaps the board writes it up, perhaps the committee writes it. Someone writes a procedural rules. So, whoever the moderator is sticks to those rules, the chair of the of the committee, whoever the committee chooses is going to chair the place or whoever they might choose as a moderator. Um, can ensure that the meeting is administered fairly consistently. Uh, because if we just have a hodgepodge of people talking, people are going to start interrupting each other. Someone needs to keep order regardless of the the public wanting to, well, you don't want to be loud, that's great, but someone needs to keep order. Are there time constraints on on on input what have you? So those are the things I I guess to sum it up. The proposal itself has a number of operational recommendations that presume that there is legal authority for the committee to receive county funding direct county resources. I'll go back to the project Jupiter require their cooperation and it's essentially operating as part of county government. So we have to identify and I'll look up the project Jupiter thing legal sources for each proposed authority and determine if implementation require an ordinance resolution contract amendment perhaps budget appropriations or other formal actions from the committee from the from the from the commission. I apologize. Thank you chair. So um thank you Alenc [clears throat and cough] sorry about that. Um I I I think on the first two items those are kind of more procedural issues in terms of you know the funding and the food and things like that. Logistical wise we can figure that out. I think also in terms of reimbursement you know we can probably coordinate especially using state rules in terms of um reimbursement for travel and things like that. So, we don't we don't run a file of any state laws, but I'm sure I think there's quite a few local um experts potentially from NMSU within the state, uh NM Techch, uh you know, maybe even UNM, wherever we may find them. Um I think there's a lot of potential. So I think I I understand kind of putting limits but we can I think like I said logistically we could work through those details and perhaps have them in the in the proposal or whatever the proposal ends up being in it finalized form that they can do everything in their power to keep it locally or to keep the the cost down or we could potentially create you know the you know I think memorialize I don't know if memorialize is the right word technically but you know we could as I guess as a commission approve this and then while we don't put those details in as the board moves forward or gets created and then they can help determine with us how those come up. So that way we're we're in agreement and everybody's, you know, we can probably figure at least that that's in my mind what we could potentially do. Um I I think you're right on the compelling companies to participate. I I don't know that we would have that legal authority to tell them and force them to participate. However, um you know, may I may I speak one as soon as you're finished? Yes, please. Yeah. I I was just going to say I think what what what comes what it comes down to is, you know, they may not legally have to, but I think we're I don't know if this is the right way to put it. So, if it comes out in a in maybe the not wrong way, I I think we're at some point understand where the legal requirements are and the contractual requirements are of the IRB. Understand that. But I think in some ways when it comes to this topic, we're well beyond contractual obligations. And the reason I say that is because um you know going back a few years, no one batted an eye at a data center. But understanding the where we're at in terms of political and or public concern around this to me from a community standpoint, it would serve the companies as well as obviously the county, but especially the companies coming in to share the information. And I think one of the questions I was going to have for Miss Moore was around, you know, trying to make sure, you know, when if they're to comply with this, you know, trying to manage what is proprietary versus what's not. Uh because I think there's a lot of public information when you look that that's already submitted. So, um air permits, that's public knowledge. Um commitments in the water, that's all public knowledge. How are they going to meet those requirements? those to me th that can be very public and and part of this conversation. Now, they don't need to get into how specifically they design it or operate and do all that. I think there's, you know, we don't need to maybe go into that level, but I think where the the public is concerned, there's that piece of it. So I I understand I think we can maybe work through those all those items that you noted to I guess to get to a final and I think it's a matter of verbiage maybe requesting or inviting or encouraging them to go you know versus you will show up to your point they'd probably be better off showing up but you know who are we to say right um and but back to the food thing one more time my concern wasn't that the county provides you my concern is the public's invited to give a liability yes understand. All right. This was a proposal to help things along and I think this is entirely workable and this mirrors what I know has worked in two other states. Mr. Attorney, I know from experience or else I would not have offered it. Uh this is a successful model. I know that we have had numerous offers to meet most recently at the last meeting from the Oracle representative who said he was committed to be here whenever the county wants him to be here. So I see this letter as taking him up on the offer and taking up I went back and looked at the tape. Um Napier, Mr. Napier who made promises in September uh which was the meeting when the IRB was approved. He also made similar proc uh promises. All right. So the letter is a matter of taking them up on their offers and I had spoken with Mr. Lopez about being ready with a very um welldrawn up draft of that letter to be able to put those promises in there. and I wasn't going to bring any sort of a heavy legal uh aspect to it. That would have been politically stupid and I am not politically stupid. All right. Yeah. And and I I did want to note and maybe this is something just just a thought. The IRB approval was a hearing. And so if Mr. Napier did commit to that, I I'd have to go back and look. It's on the tape. Yes. Then that's part of the hearing record. And so maybe that's an opportunity to utilize some of that. Now, I know he's not committing for all of the entities for it, but being, you know, being the representative that spoke, there might be an opportunity to to leverage that testimony. Miss Morren, I did not mean to offend you. I apologize for that. Um I I know this has worked. You've you explained that here. So that was in no way my intent. how just finding legal things that I bring it up and and and I would not have been coming here to waste anybody's time if I didn't know that this would work just fine. Now the other aspect of it is that um we have some very good talented people who are interested in being on the committee who know how to run meetings and so they know how to in fact that is the goal to encourage robust discussion a balance of points of view and absolutely we want to hear from the project Jupiter people and the experts that's why we're inviting them so it would be entirely counterproductive to let it devolve into well it never would it would not devolve into any sort of chaos. All right. So rest assured order will be kept that is not going to be an issue. The only thing that I intentionally left up in the air and I uh thought that the committee the commission can decide this whenever it seems appropriate is when the committee should then be dissolved. And I think there are so many different steps along the way that could happen that could cause an impetus for having it dissolve that it would be foolish for me to be any more specific along the way. Just in general, we might say it will exist as long as the commission thinks there it serves a good purpose and and that is amorphous enough to cover the basis. I think there's many things that can be developing down the road and it would be completely idiotic to establish a particular time frame for this. I think that's the beauty of this particular committee idea that it can respond to developments. Mr. Chair. Yes, Commissioner. If I could just say um first of all funding I think this could be covered under economic development outreach because that's what we're talking about is this economic development project and I may be wrong there but I think we could do it under because the commission doesn't have a budget for things like this. So economic development outreach. The second thing is what if we put it on there as um time limited to the end of this fiscal year because funds will need to be attached and then renewed as as necessary at the fis end of the fiscal year because if they're going to be funds we have to have it in a budget. And so we can't just say indefinitely and then this goes on for 30 years and we're still doing it. So it every at the first of every year perhaps we could renew it and see if we need more funding, less funding, see if it wants to continue. It gives it's a touch point. Yeah. On should the committee continue. Yeah. And I'm open to how we want to do it especially like I understand what you're saying in terms of providing a budget so that we can continue on. Um I I I you know we can entertain that. Um I I had and I think a couple of concerns that I had and I think this is where I think in the in terms of the length because I think this is I think like you're saying Miss Moore is appropriate. So, one of the pieces that I think is is a very valid point, and we've already seen this with Project Jupiter, um, because it it happens with a lot of commercial and industrial projects that sometimes what you plan at step one will change along the way. Um, and we've already seen a couple of those changes within Project Jupiter. Um, and it's that is normal. Um, but I think it's also a valid point to be able to come back and say, hey, you know, when when we last when we talked on this day during this presentation, this was your plan, that's now changed. Could we come back and revisit to understand the details of how that plan has changed and what the impact is? Because I think, like I said, so I I think that's kind of the the potential benefit of not having or at least trying to figure out how long we can we can have this. Um so I I like that idea um to be able to to have it over because construction phase will continue through um is my understanding. And so I think as as things move forward, it gives us opportunity to be able to address that. Um my real I I I mean I support this because I think very clearly and my hope is this is that we've as you know I think as we have the presentations and we've had the information when you start getting into the details is where all of that really kind of where we address a lot of those concerns and when I've had communication or discussions with people. Um, I've been told that I'm ignorant, that I'm don't understand this, that I was fooled, that I've taken bribes, that I've I could go down the list of criticisms that I've had when I've done my research. And so my hope is is that if this information comes from the community or directly from the developers that hopefully that's the information and the fact that we get out of this and that's my hope of this committee is that we can as you said take the commission out of this and be able to bring facts because I think within the the information when you have those facts and establish the facts there will be a little bit better understanding. It's not perfect understand that's not what I'm saying here but just trying to share the facts and and and you know that that to me is what drives a lot of this. Um my only question I had and I know you've kind of addressed around the moderator piece of it already. So, um, [clears throat] but one, I didn't know if a court reporter was necessary or not. I know through uh AI tools and I know Commissioner Chap will tell me I know particularly when it comes to the Spanish translation it's not always the best but I didn't know like if you have if if this is going to be online or recorded if um you know the the transcript from the system would be adequate or if there was a need for the court reporter. There is a need for the court reporter. The AI business that looks at this sort of thing is not adequate. I think that's just fair to say it is not adequate. And I appreciate you mentioning the fact that we're looking for the facts. Okay. And so when I um commented that this might be an opportunity for you to state a fact that you heard from project Jupiter person A, which was different from what commissioner Chaparo from heard from project Jupiter developer number two, that you can state those facts. It is not formulation of public policy. So I disagree with your legal analysis respectfully. What is prohibited in the New Mexico open meetings act is formulation of policy. You're not formulating policy. You're sharing facts or you're discussing information that you have learned or want to clarify, you know. So you have a little bit of dialogue with the expert or a little bit of dialogue with Mr. Oracle. [laughter] I'm sorry, I forget his last name. And [clears throat] um and and to get the facts, but you're not formulating policy. And I think it's very important that all of you are there to the extent that you're able to be there and are interested in it because then another important part of this is that you're hearing then from all the folks who do attend and and share their questions and concerns. And it is not formulation of policy and it will not violate the New Mexico Open Meetings Act in my legal opinion. Yeah. And I and I think I'll actually, you know, we can have discussion about it. I actually will have to lean I probably lean more on I think the concern that Mr. Meases is bringing up mainly because um you know we can we could probably figure it out. Um because in my mind I I don't want to put any of the board the county commission into any type of uh compromising situation where people could potentially do that. But I'm not saying we shouldn't you know I'm open to kind of how we want to handle it. Uh but you know, in my mind, what I it got me thinking of doing was when every time there's one of these uh planned that we could have at least two of us that are signed up to go and then the others could watch online, but we we can figure that all out. I I don't like I said, I I just don't want we can figure that out. That's a it's a logistical thing that we can determine. Absolutely. I want to be there to listen. Um, I just don't want to put us in a in a compromising situation where someone could accuse us of violating the Open Meetings Act. Yes, Commissioner Publish that there might be a quorum. Is that sufficient? Because if we're all at the same meeting and we talk and we go, "Hey, where do you want to go lunch?" And we make a decision, we're breaking open meetings if we make a decision together. No. Again, I think it goes goes back to whether you're discussing what's taking place versus let's go get lunch. um you can public you can publish a notice of possible quorum um but you start deliberating amongst yourselves out loud and that's where that's where we'll we'll differ and that's okay um I I think that may that may get to that point and Mr. Chair if I may please and just to Mr. Estus I I heard what you said funding budget instructing project Jupiter to uh show up. OMA uh when is this project to commence? When does it dissolve? Having an annual report I'm writing really fast and you speak fast by the way periodic review order and procedure and Miss Moore with all due respect I do agree with Mr. Meest as regarding the open meetings act. We have to be very careful about that. The state auditor is really watching and as they should be and we as commissioners should be watching that open meetings act as well. So we're going to going to have to be very careful to address that. How I it can be addressed in my mind. It can be addressed. We'll just have to really lean on Mr. Miestas as to how to craft our attendance because I honestly believe that all the commissioners would like to attend. Whether we show up at the same time or not, uh I'm not sure. Um what's going to happen with that? I appreciate this idea. I really really do. Um but we're going to I'm going to lean on Mr. Mestus heavily for this. And thank you for protecting us, Mr. Mestus, because sometimes we blunder. Another thing I'd like to also mention is if approached by any party, whatever party it is, for or against, to resist the temptation to have dinner, coffee, lunch, or whomever, with parties that might want to influence the committee. I anticipate that we will take that issue up at the first business meeting. you the first organizational meeting where officers are elected and I see that as one of the things to be discussed and probably adopted by the committee. Um I thought it [clears throat] would be presumptuous of me to put too many specific formulations down on paper because the committee needs to be deciding a lot of these things. But I uh recognize that concern and I share it. But I didn't think now was the time to spell that out and because I've already spelled out the prohibition on having any financial interest in either for or against Project Jupiter, but I I anticipate that being considered and discussed any policy adopted at the first business meeting. Thank you. If it's okay, Mr. Chair, may I just clarify one more thing on the open meetings at compliance? What it comes to in my view is that you all commissioners will be able to exercise enough discipline in your conversations with each other. I mean that is at the meeting so that you're just asking questions. You see it's the this is the subject matter of what you're talking about. If you're asking questions, clarifying, getting information, there should be no problem. It's like a workshop. But if then you are putting your heads together to say well maybe we should consider doing something then that is getting into discussing policy and that's where you need to draw the line. You don't do that. You see, and that's where I don't see a problem with you all attending if you are disciplined enough to keep your conversation your your public utterances [gasps] questionoriented and getting your answers clarified. Okay. Thank you for allowing me to clarify that. And thank you, Miss Moore. I I have confidence that the commissioners are disciplined to do that. I do too. That's why however the citizens or those participating in the meeting may not understand that and demand answers. So if we can move forward to clarifying that along with our legal counsel. I've been to meetings where I've been put on the spot and sometimes people don't understand that we're not able to answer questions about lawsuits or whatever discussions we've had in close session. So we need to make that very very clear. Thank you. Thank you. And I I think one other caveat that we may need to make and I don't think this should be an issue is just simply that because it's a community uh monitoring committee that they wouldn't necessarily be speaking on behalf of the county or um making policy. I think other than other than that piece of it, I mean, it's like I said, I I just like I know I know that's a kind of a disclaimer piece, but I also feel like because it's going to be separated from the [clears throat] commission that we just kind of state that this is where it is so that it people don't misconstrue that. But otherwise, I like I said, I I I like the idea of it being driven by the community to be able to um I I think when when we spoke about it, my concern around the town hall idea was that town like like and you've addressed it here, town halls can be a mile wide and an inch deep. And like I said, when it comes down to it, I love the idea of having specific topics so that you can get into um into those details and discuss it because I think like I said, that's where um that's where it really matters. So I I like that idea. And I have another suggestion that might help also in this is that um this chairperson who will be very competent for the committee. Um, I envision this person making an opening statement clarifying things. I mean, kind of like setting the the not exactly the rules of the road, but clarifying for everybody about what this committee is. And then also clarifying that the commissioners who are here today are not wearing their commissioner hats. They're here as ordinary Donana County residents who are learning along with all the rest of us. And they intend to participate just like the rest of us. and their questions are are just as your questions are just as important as their questions. That sort of thing to try to level the ground if if possible at least that's an idea and and I think that that would go a long way to helping quite a few of the folks also would help take a little heat off of y'all. Mr. Chair. Yes, Commissioner Kimble. Miss Moore, if I could ask, what do you want your role to be in on this committee? Are you going to apply to be one of the members? Yes. Or if we talked about getting a moderator, would you be the moderator? No, I don't think we need a moderator. No, I just I just wanted to make sure because if if we say, "Okay, this is a committee Miss Moore brought to us and this is what we're going to do." And everybody goes, "Okay, what do we do now?" And you're not there. I just want to make sure. I live in Hope. I live in the chair's district. I He knows this. [laughter] I am going to I am going to fill out my letter of interest just like everybody else. [laughter] Okay. So, I don't know if there are no other questions. Um, I guess the next thought would be it would be possibly either on the next meeting or on the 25th and then that way. Okay. I I don't know that. Well, I don't I don't think all of us will be on the 25th. That'll be the one that I'll be out and I don't know if Yeah. So, we'll have to figure out how we Mr. Chair, if I may, uh, we are prepared to go ahead and quickly add a resolution item on for next week's meeting for this because of your absence on the 25th. Um, but I do have some questions that if we're going to do this quickly that we need some answers to. Okay. So, uh, do you need them now today or can is it something we talk about? We would need it kind of a nod from the commissioners as to what direction we go. Number one is is a resolution the appropriate document to bring forward um that kind of clarifies the purpose of this committee, how it's going to be set up. Um is the committee one thing that that we don't have in here. Um is a committee going to be required to to establish bylaws within the committee that they will operate under? Um, we can certainly include in a resolution uh that the procurement pro process must be followed. Um, kind of to one of the comments, I'm not sure which of you mentioned it, but uh it would need to be most likely some kind of formal committee uh established by the board. Otherwise, we wouldn't be able to use public funds for it, I believe. Um uh but otherwise the the OMA issues, we can probably work with our uh our county attorneys to to give you all some good guidance between now and then. That may not need to be part of the resolution. Um, and just as a reminder, next Wednesday, hopefully you all will be there when the attorney general's office is down here providing us the Open Meetings Act training. And that might be a great opportunity to ask some very specific questions of the AG's office staff uh for anything that you might have questions on uh related specifically to this. Um and then uh for for Miss Moore, um you've got in uh in the the document food from outside. Public would be invited to bring that in. Is that a sticking point or would you be good with the county just provides it? I it I'm happy to have that adjusted as seems to be the wisest way to go. I put it in there because it was a very successful builder of camaraderie in the in Nebraska and in Pennsylvania and it helped give people ownership of the citizens ownership of the committee that helped they wanted to show up if they were on the fence as to whether or not to come to a meeting. They wanted to show up to show off their latest recipe. Understood. I I I think within the procurement process, we might be able to work with the committee on uh on opportunities to support local businesses in the area that would be able to provide safe food. Uh that kind of meets the same intent. Uh happy to talk with you on that, Mr. Chair. Yes. I think all we need to do is say let's put a broad resolution. You have you as chair can do that. We can't vote now today. Yes. you as chair can put a resolution on the next meeting to say we can look at this committee because we're also going to need funding if we're going to be in different places to record the meetings or to to broadcast them. There's going to be other funding as well because not everywhere the committee might choose is going to have this kind of um you know technology there to do it. So I think we just need to put it on you as chair can choose to put it on the Yeah, we can on the next agenda and then we can develop everything after it's on the agenda and approved to investigate. Do much between now and then. No, no, no. I I would say that that would be give us at least good a good framework. Um I think because the other part in my mind was I I'd love to see how like once the for the committee's there and formed, you know, we could then determine the budget needed potentially for that and approve it. that if we already have a resolution that's approved, then we can say, "Oh, based on this resolution, um, we're going to approve this budget amount to support this resolution kind of thing." So, I think the resolution makes sense to to pass first, but we can leave a couple of things open and then come back and and approve them based off of the commission's already approved the resolution. It makes a lot in my mind easier because we're just now doing other things to support that. Okay. Awesome. All right. Thank you, Miss Moore. Thank you very much for your consideration and your um public service, all of you. Thank you. All right. I know Mr. Beckus, I know we don't generally allow public input during a work session, but if you'd like to come up, I'll two minutes more. Um, and I did hand this up. I want to endorse this committee as as a opportunity. I I think it will be long term, but I also want to request you consider something that needs to be done in the next six weeks because that's when the air quality permit will be decided at that meeting. And uh I think that there's a whole lot of facts that are available and I've summarized some facts and just to point out that I've been a expert witness for utility matters for over 40 years and I've been an expert witness in every El Paso Electric case in the last three decades that they've had. And so when I tell you that uh and I'll just leave this one main point. Project Jupiter's output for KW of power is over 900. May I this is going above the agenda that's been posted for the work session. I think this needs to be uh spoken about at a later time. Okay. I I'd like to talk to you whenever you can and if someone can if you could talk afterwards, one or more of you, I'd very much appreciate an appointment. Okay. Thank you. Understand? Thank you, Mr. Beck. I endorse the committee. Thank you. Thank you. All right. And I think with that uh that's the end of our agenda for today. So I appreciate uh uh the those that participated today and we will see you all. Well, we'll call this meeting well, we'll call it adjourned at 11:47 a.m. and we will see you next week on uh next Tuesday at August 11th, 9:00 a.m. Thank you.