City Council Meeting February 4, 2025 MINUTES City Council Tuesday, February 4, 2025 @ 1:00 PM City Council Chambers, City Hall PRESENT: Mayor Eric Enriquez, Councilor Cassie McClure, Councilor William Mattiace, Councilor Becki Graham, Councilor Johana Bencomo, Councilor Becky Corran, and Councilor Yvonne Flores ABSENT: 1. OPENING CEREMONIES 1.1 PLEDGE OF ALLEGIANCE - COUNCILOR GRAHAM. 1.2 PRESENTATION OF CERTIFICATES OF APPRECIATION/PROCLAMATIONS - COUNCILOR GRAHAM. Councilor Graham presented Kayla Maki with a proclamation for Congenital Heart Defect Awareness Week. Councilor Graham presented Stephanie Blackwood and Mountain View Medical Center with a proclamation for National Heart Month. Councilor Graham recognized the Accounting Team from the City of Las Cruces for receiving the GFOA Award. 1.3 JOBS OF THE WEEK. Sarah Raney, New Mexico Workforce Connection presented Jobs of the Week. 1.4 PETS OF THE WEEK. Carol Nielson, Animal Services Center of the Mesilla Valley presented Pets of the Week. 2. CONFLICT OF INTEREST INQUIRY BY MAYOR AS REQUIRED BY LCMC SECTION 2-27 (E)(2) 2.1 None. 3. PUBLIC PARTICIPATION 3.1 Robert Lee Butler, Member of the Public said my opening statement is, let’s hear it for the Aggies. You better get your ticket now. Bill Mattiace will never hear the last of it if this administration does not put animal care on the books, if you don’t do that Bill Mattiace will be very upset with you. I appreciate the calendar you gave me Mayor Eric Enriquez from security but I was very disappointed that you all didn’t have a black circle on the top left corner of the box of the date you have your meetings because I was here yesterday and I fell all over the floor but I didn’t hurt myself. Where is Story? He is looking good. I am donating $50 to the Chief of Police through the Fire Department. I want you to know that I am very supportive of your community gentlemen and ladies. Now I am going to close. This is a very, very, very beautiful town, city, county all they have to do is say Denver and the whole state is frozen. I am assuming that you all had a very nice trip to Santa Fe. I was happy to hear that. That means we are moving along. I appreciate you very much Eric Enriquez. I have been campaigning for you. I am going to watch the Aggies win. I hope everyone else does too. Lynn Moorer, Member of the Public said citizens have been requesting a briefing at a city council meeting regarding the new Lead and Copper Rule with public involvement. Here are 52 signatures on petitions further supporting the request. The briefing in November at a city council meeting was flawed and didn’t provide any opportunity for the public to ask questions or make comments. It needs a do over. I have explained privately in writing to a staffer in the City Manager’s Office offering an additional reason why the briefing needs to be at a city council meeting. City councilors have been going about providing false and misleading information about the rule. The briefing is needed for both city councilors and the public. Notwithstanding our request in my private explanation the City Manager has sent out a notice of some other kind of meeting. A notice that falsely implies that lead is a minuscule problem. It is unfortunate that because of this misguided notice it has become necessary to discuss this bluntly in public. The people of Las Cruces are harmed when city councilors make false representations about something that is critical to public health. As EPA says, there is no safe level of lead in drinking water. It is a matter of great importance when EPA says it is mandatory to get all the lead out. It is not just guidance from the EPA as one councilor is falsely saying. The rule is not optional. It is something that must be done to protect public health regardless of whether you consider this an unfunded mandate. It is dangerous for a councilor to falsely tell people on a radio show that if a property was built after 70’s there is virtually no chance their pipes are lead. In Reality lead pipes were not banned until 1986, and lead plumbing fixtures weren’t banned until 1998. Her assertion is completely false. Even if councilors have no sense of embarrassment about displaying ignorance the public is harmed because some people might believe they are inaccurate public pronouncements. The councilors need for education regarding the facts about the rule and the true situation in Las Cruces is greater because of their role as public figures who have more powerful microphones. If residents believe a councilors falsehood that they don’t need to do anything if their pipes were installed after the 70s they are put at risk inexcusably. To make it crystal clear the briefing needs to be at a city council meeting, live streamed and recorded so that all councilors are obligated to attend. The hope is that they will learn enough to stop saying false things publicly about the Lead and Copper Rule and its implentation in Las Cruces. With respect whether you want to or not you all need to learn enough to avoid or stop doing damage to the public wellbeing. The public needs the briefing too so that false information can be corrected. They also need the opportunity to ask questions of experts and provide comments to councilors so a much higher level of understanding can be achieved by everyone. As elected representatives you all bear the responsibility to overrule this misguided decision by the City Manager. Please do this on behalf of the public which is looking to you for leadership on this critical public health issue. Liz Rodriguez-Johnson, Member of Public said it was deeply disturbing to hear the City Manager’s ostensible action in the form of an apology at the end of the January 21 city council meeting. The apology was for not making sure the letter Las Cruces Utilities sent out regarding EPA’s new Lead and Copper Rule was in Spanish. His justification was that the website can be translated into Spanish is good enough. This is despite the fact that most water users don’t even know that Las Cruces Utilities directed a website about the new rule or that the new rule has been issued and what it is about. Without receiving a letter in Spanish, Spanish speakers will not know that they need to hunt down a city website. Because Las Cruces is a majority Hispanic population Las Cruces Utility letters of major import have traditionally been English on one side and Spanish on the other. How can it be decided with respect to the new very important Lead and Copper Rule it is perfectly acceptable to ignore the most basic method of making sure all Hispanics are fully informed. At best it is very misguided decision which shows the lack of sensitivity to the needs of a significant portion of the Las Cruces community. It should not take a regulation mandating you show sensitivity to your community that you serve. If it is the right thing to do you should do the right thing but if the lack of sensitivity is the point, then the point is very, very clear. The notice of a Las Cruces town hall doesn’t solve the problem. It doesn’t provide the full letter that Spanish speaking residents need to read and study. The notice doesn’t alert anyone in English or Spanish why the Lead and Copper Rule is important for the potential health implications. It is very likely to be thrown away without reading or checking the website. If a Spanish speaker checks the website they will discover it is all in English and probably won’t even be able to locate the tiny place to click to translate in Spanish. I close by saying an apology is meaningless unless the apologist makes things right. Las Cruces Utilities needs to send out the letter in Spanish immediately. The longer the city resists this the more disrespect you show not just for the non-English speaking Hispanic community but for all of the Las Cruces community. Nathan Ramirez, Member of the Public said the city is putting out confusing information about the new Lead and Copper Rule. There are questions that need to be answered at a city council meeting by experts. We citizens need an opportunity to ask our questions and receive straight answers. City councilors need to learn the facts too. You are disrespecting a large Hispanic community in Las Cruces when you didn’t send out the notification letter in Spanish and English. This problem has been brought to the council’s attention, but the City Manager still refuses to do the right thing. That the city chooses not to send it out in Spanish is immoral and dangerous to many Hispanic citizens. You need to overrule the City Manager and send out the letter in Spanish. I have no confidence that the city’s implementation of the new rule is adequate because it can’t or it won’t get this fundamental of effective communication right. We property owners want to know whether we need to have our water tested to determine if we have lead in our drinking water. The Albuquerque, Bernalillo Water Utility Authority will test a user’s water for lead at no cost. In contrast Las Cruces is not providing sampling services for customers properties instead city personnel have said that if we wanted test results we have to contact a lab and pay for a test or purchase a water home test kit for lead. Why isn’t Las Cruces doing what Albuquerque is doing? Also, city personnel need to demonstrate their techniques are accurate in determining whether piping contains lead. EPA requires that when water systems classify piping as nonlead it must be supported by evidence based records, methods or techniques to prove that it is not lead. What methods or techniques does the city use to prove that piping is non-lead. If city personnel only checked the meter boxes, I can’t see how that constitutes proof their assessments are correct. Pipes might be lead lined on the inside, lead lining is impossible to identify by just looking at the outside of the pipe. The city of Pittsburg discontinued relying on meter box inspections because lead was ultimately found in about 35% of the locations where meter box inspections indicated a non-lead service line. In some locations this happened because of the meter box and a small portion of the service line was replaced but the remainder of the service line was still lead. In closing I ask that a briefing by experts be held at a city council meeting. That you guys get moving and send out a letter in Spanish and stop relying on substandard methods to determine what the pipes are made of. Juan Garcia, Member of the Public said “US Code Title 8, Section 1325, improper entry by alien, any alien who one, enters or attempts to enter the US at any time or place other than as designated by an immigration officers or two, eludes examination or inspection by immigration officers for the first commission will be fined under Title 18 or imprisoned not more than six months or both”. Sooner or later, we learn choices of life come with a price tag. As simple as mouthing off to your mom and quickly learning of her zero tolerance policy or maybe when you thought one more drink wouldn’t hurt and find yourself behind bars missing your kids and updating your resume. Consequences, they don’t care about excuses or having elected officials attempt to justify illegal actions as we see our progressive friends doing so today. Even though politicians from both parties created this immigration mess at the end of day individuals make the call and they have to live with what comes next. Political excuses for illegal entry into this nation is not the solution, it is a slap in the face to those who invested blood, sweat and tears to migrate legally. Recently in these chambers local doctors urged law makers to fix New Mexico’s harsh malpractice laws. From 2017 to 2021 New Mexico lost 30% of its healthcare providers or 711 doctors and a decrease of OBGYNs by 22% during the same period. New Mexico holds the dubious distinction of having the oldest physician workforce in the nation equating to a shortfall of 1,380 doctors and 5,140 nurses by 2035. Exacerbating this issue New Mexico ranks second for medical malpractice lawsuits per million people. Not due to poor practices but a system the incentivizes litigation. The insurance loss ratio is a staggering 183% compared to the national average which is 73.5 for every 100 premiums assures payouts 183. That equals to independent providers paying an annual malpractice cost for approximately $43,000. The problem worsens with New Mexico’s significant Medicaid population. Doctors are leaving due to low Medicaid reimbursement rates, high malpractice insurance cost, complex tax system and over reliance on Medicaid. This is the harsh and sinister reality confronting New Mexico’s failed health care system. Eddie Thomas, Member of the Public said my mortgage payment went up again like it does every year. Why? My property taxes went up along with my homeowner’s insurance. I am told everybody’s went up. Not to mention my automobile insurance also went up. I live on a fixed income as most people do here in Las Cruces which is why I voted against the GRT increase you proposed last year. This July when it kicks in we will have the highest effective per capita tax rate in the state of New Mexico. I guess the $28.7 million you took from the Telshor Fund wasn’t enough. Are you going to go back and take the remaining $14 million that is left? What are you going to spend it on? More pet projects like Amador Crossing and Peachtree Canyon whose price tag seems to balloon every time they come up for discussion. Don’t get me wrong, I think low-income housing is a noble project given that we have an abundance of homeless but where is the cap on these projects. As of right now we are up to $300,000 per unit with Amador Crossing alone. That is twice what my house cost me, just do the math, $15 million for 50 units. What is Peachtree Canyon going to cost us when it is done? Then that is not the end of it because you could have to maintain the peace and order in these complexes otherwise, they will end up like Desert Hope with drugs, fighting, violence, and chaos. You chose to raise the GRT at a time when we are still recovering from Covid and the record inflation of Bidenomics. Frankly I don’t know which was worse. Even Senator Hamblen stood right here at this podium and asked you to not raise the GRT. I just about fell out of my chair when I heard that. We live in a poor community where many of the citizens are on some kind of government assistance. Many are below poverty level. Many of us live on fixed incomes. Consequently, we see our discretionary funds dwindle because of inflation and rising taxes. Your progressive tax and spend strategy is hurting the very people that pay the lion’s share of taxes. In other words, you are killing the goose that lays the golden egg. In financial terms it is not sustainable. The only thing we are getting from the state is more money for overpriced homeless shelters and an abortion facility nobody here wants. That is $10 million that could have been spent on something we do need like a mental health/drug rehab clinic to hold drug addicts and alcoholics at least until they dry out to give them a fighting chance to turn their lives around. We already have three abortion facilities. Why do we need another one? I suspect the Governor wants to cash in on the abortion tourism from Texas. Is that what we want to be known for? The abortion and cannabis capital of the Southwest? Now I have nothing against cannabis. They seem to be the only business that is flourishing in Las Cruces, and I am just stating the obvious because we have a cannabis store on every corner, but they pay taxes and take up residence in what would otherwise be an empty plywood windowed store front like the one directly across the street from here. Just go outside and look for yourself. Lisa De la Paz, Member of the Public said I am a resident of the FYI Community that is next to the Community of Hope. I am here representing the residents of that property. We are tired of what is being done and not being done I should say. The fact that you do not give the police enough ammunition or equip them with the proper training to deal with the unhomed that are next door to my window. We are right across from Caliches on Valley. We have to deal with the tents, the paraphernalia that is left behind by the unhomed. The defecation and urination they do in the property lines of FYI Community. We are told by the project community that is doing the reach out to this issue that the are very limited not only in help, there is only five of them. That is sad. You have them outnumbered. Your police force is outnumbered by the unhomed. Forget about the criminal activity from others that are not unhomed. The unhomed alone have caused so much and excuse me I am being emotional. I have a granddaughter who is four years old and the community that I live in is nothing but children and we are talking about children that are in high school, middle school and elementary and even to my granddaughter who goes to school right next door to Caliches at the Children’s Garden on Valley which is a preschool and daycare. They constantly have to ask me everyday, how is your situation over there? Because they can see it from their windows of their office. The unhomed have even left paraphernalia in our property where our children play. None of us feel safe there anymore. They have torn the fence to get to the Community of Hope. I have been told that this property should have been placed where there is another Camp Hope and that Camp Hope should have been placed where we are at. We make a difference to place a family community with other residents. Not a Camp Hope amongst residents or residents of families in a community of unhomed that are drug addicts. They are not just drug addicts they are mentally incapable to take care of themselves. They are a danger to themselves and others. They fight with weapons. I have videos of them trespassing into our property, going through our little homes with baseball bats and poles and whatever items, knives. I have been attacked there in the one year that I have lived there I have been attacked more than once by the unhomed. They have broken into my window, destroyed the window where I have to have it replaced now by FYI. The city went to go do a city inspection and I showed them this is my view. I am sorry but please do something about it. These children do not need to be growing up watching and feeling like they can’t even go outside and play in their own yard that has been gated. Please do something about it for us. This is out of control in the one year that I have been there it has gotten worse. And if you guys could please put a crosswalk or school crossing zone for that Children’s Garden because the cars go through there speeding every day or put an officer to see what is going on out there. You guys have my vote in anything that you do but please help us. Lonnie Montgomery, Member of the Public said I am a follower of Jesus Christ. Today I want to get some questions answered. I want to know why you are for the 15 Minute Village? And I don’t know what you call that, is that extra zoning or whatever you want to call it but do we really need to make all neighborhoods open to any kind of dwelling, housing like duplexes, apartments, mobile homes or trailers? Therefore, are you against single family housing? Now do we really need to look at people and say abuelita, you have a single family house you don’t need that? We need it for affordable housing or what about that land behind your house abuelito? Do we need it? Yes, we need it. Any place you want to fill in you have a fill in clause according to the city and you can fill it in with apartment housing. Do we need open housing and why? We would walk more as some people say and drive less and get better acquainted with our neighbors. Well in our neighborhood the beautiful place of Estados Serenos we walk, and we talk to our neighbors. Will we have less traffic? No because no matter what type of dwelling you live in or no matter where you live in Las Cruces you need to use your gas-powered vehicle to go places. I need it to go to church. I need it to visit my best friends across town. I need it to get out of city. I need it to go to my favorite places. New Mexico is not created by God to have or cities to be built European style. We have too much open space and beautiful places to visit to be forced into apartmentated neighborhoods or forced to go to the neighborhood grocery store while we can go someplace else to save less money. In short, we don’t want to be in a 15 minute neighborhood with a local dispensary, a local bar, small restaurants with no parking. We have worked really hard to get where we are to earn the money to get our single-family dwellings, and we love it and we don’t want it surrounded by lesser homes that take down the prices. Jim Hoerst, Member of the Public said I am deeply concerned about what I have seen in the news lately. President Musk and President Trump seem to have discarded the Constitution, and they seem to have frozen local grants and funding for anything. I don’t know what the impact on this city is and I hope that the city will release a statement soon. I am also very concerned about our immigration policies. Allow me to channel Thomas Jefferson, we hold these truths to be self-evident that all men are created equal, endowed by their creator with certain inalienable rights. Among them life, liberty, and the pursuit of happiness. Councilors, what is the pursuit of happiness? If it doesn’t mean human beings have the right to cross political boundaries. America was formed by people who exercise their right to migrate. They migrated here. They built the greatest nation on earth. Immigration is good for a nation. It has been great for our nation. The huddled masses yearning to breathe free actually make very good citizens and very hard workers. We did it here. We proved that inviting the huddled masses yearning to breathe free builds a nation. They have built ours. They are essential to our economy, and we are going to find that our real soon because they are afraid to go to work. They are afraid to go to school. They are afraid to live. That’s wrong. You are right to stand against it. Please do so regardless of the financial situation but I would like to know what our plan is and what we expect to happen in the next month or so. 4. READ CLOSED MEETING STATEMENT 4.1 READ FEBRUARY 4, 2025 CLOSED MEETING STATEMENT INTO THE RECORD. The Las Cruces City Council met in closed session and only discussed those items limited items as stated in the posted notice: 1.To discuss the matter of threatened litigation regarding Alexa Gallegos v. City of Las Cruces, which is closed pursuant to NMSA 1978, Section 10-15-1H(7). 2. To discuss pending or threatened litigation regarding Texas v. New Mexico & Colorado, Original No. 141, which is closed pursuant to NMSA 1978, Section 10-15- 1H(7). 5. ACCEPTANCE OF AGENDA Councilor Johana Bencomo moved, seconded by Councilor Becki Graham, to accept the agenda as presented. RESULT: Carried MOVER: Councilor Johana Bencomo SECONDER: Councilor Becki Graham AYES: Mayor Eric Enriquez, Councilor Cassie McClure, Councilor William Mattiace, Councilor Becki Graham, Councilor Johana Bencomo, Councilor Becky Corran, and Councilor Yvonne Flores 6. CITY COUNCIL MINUTES 6.1 REGULAR MEETING OF JANUARY 6, 2025. 6.2 SPECIAL MEETING OF JANUARY 13, 2025. 7. RESOLUTION(S) AND/OR ORDINANCE(S) FOR CONSENT AGENDA 7.1 RESOLUTION NO. 25-090: A RESOLUTION AUTHORIZING THE CITY OF LAS CRUCES (CITY) TO ACCEPT GRANT AWARDS FOR VARIOUS CITY DEPARTMENTS THROUGH AN AMENDMENT TO THE CITY’S ADOPTED FISCAL YEAR 2025 BUDGET. 8. RESOLUTION(S) AND/OR ORDINANCE(S) FOR DISCUSSION 8.1 PUBLIC HEARING REQUIRED. RESOLUTION NO. 25-091: A RESOLUTION APPROVING THE REQUEST FOR A TRANSFER OF OWNERSHIP OF DISPENSER LIQUOR LICENSE NO. DIS-000381 WITH PACKAGE SALES ONLY TO NEW MEXICO COMPANY OPERATIONS, LLC., D/B/A NACHO SHELL LOCATED AT 2512 E. LOHMAN AVENUE, LAS CRUCES, NM. 88001. Public hearing began at 1:52 p.m. There was no one for or against. Public hearing ended at 1:52 p.m. Adam Ochoa, Senior Urban Planner gave the overhead presentation. Councilor Johana Bencomo moved, seconded by Councilor Becky Corran, to Approve Resolution No. 25-091. SECONDER: Councilor Becky Corran Corran, and Councilor Yvonne Flores 8.2 PUBLIC HEARING REQUIRED. RESOLUTION NO. 25-092: A OWNERSHIP OF DISPENSER LIQUOR LICENSE NO. DIS-000074 WITH LLC., D/B/A UNIVERSITY SHELL LOCATED AT 1305 S. SOLANO DRIVE, LAS CRUCES, NM. 88001. Public hearing began at 1:54 p.m. There was no one for or against. Public hearing ended at 1:55 p.m. Adam Ochoa, Senior Urban Planner gave the overhead presentation. Councilor Flores asked did you ask the church how they felt about the proximity of a liquor license in that location? Adam Ochoa said letters were sent out to all property owners within 300 feet of this subject property making them aware of the proposed liquor license. Again, the liquor license already exists on this property. It is just a transfer of ownership is what it is. Councilor Flores asked the transfer of ownership also gives them the option to say no? Adam Ochoa said that is correct. Councilor Flores asked you didn’t get any responses on that? Adam Ochoa said there was no public input at all. Councilor Johana Bencomo moved, seconded by Councilor Becky Corran, to Approve Resolution No. 25-092. Corran, and Councilor Yvonne Flores 8.3 PUBLIC HEARING REQUIRED. RESOLUTION NO. 25-093: A OWNERSHIP OF DISPENSER LIQUOR LICENSE NO. DIS-000272 WITH LLC., D/B/A COUNTRY CLUB SHELL LOCATED AT 2901 N. MAIN STREET, LAS CRUCES, NM. 88005. Public hearing began at 1:58 p.m. There was no one for or against. Public hearing ended at 1:58 p.m. Councilor Mattiace asked do you have any idea what the liquor licenses cost today? Adam Ochoa said there have been changes that the state has done themselves, including the name of certain liquor licenses as well and how they are numbering them now. The actual cost unfortunately I am not aware of. The city’s fees have remained the same, but I am not aware of any changes that the state has at this time. Councilor Johana Bencomo moved, seconded by Councilor Becky Corran, to Approve Resolution No. 25-093. Corran, and Councilor Yvonne Flores 8.4 PUBLIC HEARING REQUIRED. RESOLUTION NO. 25-094: A OWNERSHIP OF DISPENSER LIQUOR LICENSE NO. DIS-000414 WITH LLC., D/B/A TRIVIZ SHELL LOCATED AT 3040 N. MAIN STREET, LAS CRUCES, NM. 88001. Public hearing began at 2:01 p.m. There was no one for or against. Public hearing ended at 2:01 p.m. Approve Resolution No. 25-094. Corran, and Councilor Yvonne Flores 8.5 PUBLIC HEARING REQUIRED. RESOLUTION NO. 25-095: A OWNERSHIP OF DISPENSER LIQUOR LICENSE NO. RET-000005 WITH LLC., D/B/A HOLIDAY SHELL LOCATED AT 2645 S. VALLEY DRIVE, LAS CRUCES, NM. 88001. Public hearing began at 2:03 p.m. There was no one for or against. Public hearing ended at 2:03 p.m. Approve Resolution No. 25-095. Corran, and Councilor Yvonne Flores 8.6 RESOLUTION NO. 25-096: A RESOLUTION URGING THE NEW MEXICO LEGISLATURE TO CREATE AN ALCOHOL HARMS ALLEVIATION FUND TO REDUCE ALCOHOL-RELATED HARMS IN OUR COMMUNITIES. Sergio Ruiz, Policy Analyst gave the overhead presentation. Councilor Corran said I know that there are several things being discussed in the legislature. This is really just a support for the general idea of considering something that addresses alcohol use as it relates to income that might come from alcohol taxes? Am I understanding that? Not as a proposal but as a support of a general idea? Mayor Enriquez said yes, I believe so. Councilor Flores said I know that Representative Ferrary is very much against drunk drivers, she and her husband Rich were initially about 10 to 15 years ago very much involved with DWI stuff, but my question is has Mrs. Ferrary or Representative Ferrary or anybody else in the legislature, does anybody else support this? Sergio Ruiz said yes. Apart from Representative Ferrary we also have Senator Antoinette Sedillo Lopez and Senator Shannon Pinto that are supporting this initiative. Councilor Flores asked do you know any proposed legislation have been drafted? Sergio Ruiz said last year there was two legislative pieces, HB 179 and SB 147 unfortunately as vetoed by the Governor. Councilor Flores asked were those the ones that were increasing taxes on alcohol? Sergio Ruiz said yes. I believe the main theme of that was going to be to increase the sales taxes on alcohol. Kai Miller, Member of the Public said I am a licensed therapist and substance abuse counselor. I am also a recovering drug addict and alcoholic here to urge you to support the resolution. New Mexico has had the highest rate of alcohol related deaths in the country since 1997. Even before that we ranked first, second, and third every year since 81. While much attention has been given to the opioid crisis rightfully so, alcohol still kills New Mexicans at twice the rate of overdose deaths. Alcohol related harm is not just about health it is about the very day issues we struggle with every day. Like we heard about today, crime, homelessness, mental illness, child abuse, domestic violence and if we are serious about addressing the crisis we just can’t ignore the alcohol factor. The price of alcohol today will determine what our communities look like in the years to come. Right now, we are doing the opposite by failing to adjust the taxes for inflation. We are effectively making alcohol cheaper. The choice has consequences. I hear over and over that we don’t have enough treatment beds. I see firsthand as I work with people and help to navigate a complicated and inadequate system of care. Although in Las Cruces we did just open a 54 bed inpatient treatment facility, and it opened in September. I am currently working there as a licensed therapist. Even those motivated to get help the resources often don’t exist. So, I ask where do those who speak loudly about crime, safety, and homelessness think the money is going to come from to fix the problems? Right now, every taxpayer is already paying about $1,000 a year to cover the cost of alcohol related harm and for that we get the worst alcohol death rates in the country. So, it’s not working. Instead let’s shift that burden and make those dollars go towards prevention, treatment, recovery. An alcohol tax increase would ensure that those who drink the most contribute the most. Not just to offset harm but to fund real solutions. It is not just a tax, it is a common-sense public health measure that will save lives, protect our communities. Just asking for your support to push this resolution at the state level. Councilor Mattiace asked can you just tell us more about the 54 beds? Kai Miller said it is owned by Summit Behavioral Health, the same people who own Peak Behavioral and our Crisis Triage Center. So right now, we do up to 90 days inpatient treatment. We are taking primarily only Medicaid at this point. We opened in September. We are not at full capacity, functioning at full capacity yet. We have 25. We still have quite the waiting list. I don’t think we are going to have a problem filling every bed. It is just a systemic problem. We are getting a ton of homeless people. We are getting a ton of people released from jail who are still homeless and once they complete the program and then the next step is where do they go from there, the housing issue. There is not enough sober living homes in town. I think that even an alcohol tax if it generated the revenue that it might we could support some sober living homes, we could support some more after care options which has shown to promote long term sobriety. I am a product of that myself. Councilor Flores asked what if we were to approve this as a body what impact would it have? Where does it go from here? Matthew Gloudemans, Member of the Public said I am a District Legislative Aide for Representative Ferrary. As far as hitting the ends and outs of the bill that is what is being worked on right now and I do want to give some clarity. There is also a Representative Liz Thompson and Representative Wanda Johnson that are co- sponsors of this, and they are working with other legislators as well to kind of get the sausage making process figured out. As far as revenue for the state goes it would come from potentially two different sources. One could be an excise tax which has now been raised since 1993 on alcohol sales and the other would come from a sales tax and those numbers are being worked out and could bring as much as $200 million into the state for treatment, for tribes, for pueblos, for local DWI funds. Councilor Flores asked is there some movement out there that indicates that this will be supported? Matthew Gloudemans said the two groups are kind of working together to do a hybrid bill. I would be happy to share with you and anybody else who may want a copy of it as well. There is a hybrid bill proposal back in December to the interim Stabilization Revenue Committee and so again it is kind of the percentages that are being worked out but the groups are working together. Councilor Bencomo said I generally have a hard time voting on something like this when there is no bill yet. There is no piece of legislation yet that I haven’t been able to read to say support or not, but I just want to reiterate that this is in support of the idea of creating some sort of fund to support with programs of what you are talking about. So, I just even wanted to say that for myself and for the public again there is no piece of legislature that has been formally introduced yet. There is still time, but I just want to make that note. Councilor Becki Graham moved, seconded by Councilor Becky Corran, to Approve Resolution No. 25-096. MOVER: Councilor Becki Graham 9. BOARD APPOINTMENTS 9.1 SCOTT ESCHENBRENNER Councilor Becki Graham moved, seconded by Councilor Yvonne Flores, to appoint Scott Eschenbrenner to the University District Citizen Design Review Committee. SECONDER: Councilor Yvonne Flores 10. NOTICE OF PROPOSED ORDINANCE(S) 1) There will be no public discussion. 2) A Councilor may ask staff for clarification on the proposed ordinance(s). 10.1 COUNCIL BILL NO. 25-019; ORDINANCE NO. 3090: AN ORDINANCE REPEALING CHAPTERS 32,33,34,35,36,37,38,39, AND 40 OF THE LAS CRUCES MUNICIPAL CODE, IN ITS ENTIRETY, AND REPLACING WITH CHAPTERS 32,33,34,35,36,37, AND 38 OF THE LAS CRUCES MUNICIPAL CODE (LCMC) AND ADOPTING THE ZONING MAP AS PRESENTED. Council agreed to bring it forward. 11. CITY COUNCIL MEMBER BOARD REPORTS AND COMMENT 11.1 COUNCILOR MCCLURE I just want to thank staff, particularly Carol Brey who set up a meeting on Friday with Nathan Small to discuss quality of life issues in particular the library. We have a lot of issues within our city but we can’t forget about some of the things that keep democracy going which is the library. So, we had some good meetings peppered throughout Friday, on Monday I will speak a little bit more at another point once I kind of absorbed it but I also appreciate that we kind of went in mass to also meet with Nathan Small about all legislative priorities that we have for the city. I think it went well. I came away thinking that our legislators that have a way with a sort of 30,000 foot view of things are acquiescing to understanding that there are things that at a granular level that we deal with that look different so I think that they are understanding that is a process that have a barrier, we have a barrier of seeing their way. So, I think it has been productive and I am very grateful for staff making all those connections. 11.2 COUNCILOR MATTIACE I spent some time with some legislators, but I spent a little more time with a gentleman from El Paso Electric Company. Maybe Chris, you could help me with this one and I shared it with the Mayor. I would like to see that opportunity for Las Cruces to attract more companies, more corporations, and large manufacturing companies into the city. Especially in our Industrial Park. So, if you could give me a detailed explanation of why and how we get more power out there, more electricity so we have the capacity to actually attract these companies and the reason for my priority on this is we have unhoused, we have people that don’t have jobs, we have people that need jobs and maybe it can be a dual purpose. If we can create bigger companies to where they can hire 400, 500, 600 people like Santa Teresa and El Paso is doing maybe we can also create some jobs for those that need the jobs that would rather not be panhandling or working for money because there is no jobs here. There is not enough and so jobs to me is a big priority right now. More jobs, better jobs, better paying jobs for the city of Las Cruces and I would like to see that growth and then with that growth we would be able to have more housing because these people would be able to afford a home so if Chris, you could help me with that, Mayor, council. Maybe a priority for the Industrial Park to attract some bigger and better paying jobs. I didn’t even know about this power issue, I believe it was Rico Gonzalez brought out. We can’t wait till 2029, 2030. I don’t know what year he gave me. At 78 years old I can’t be looking down the road ten years I would like to see something happen into 2025. 11.3 COUNCILOR GRAHAM Echoing Councilor McClure on all fronts I too am tired but am very grateful for the time I got to spend in Santa Fe and especially our group that I got to go around with, Christine, Ikani. Chief Story was there, JC, Chris but especially a big shout-out for Assistant City Manager Sonya Delgado. You know when you have that person that anticipates every question that you are going to ask and then quietly slips a piece of paper in your hand with all of the answers on it and then you kind of look like a baller even though you are not and Sonya I just absolutely appreciate the way that you were arming us with the information that was prepared at exactly the right time and it made me look way smarter than I actually was so. Shoutout to all staff but especially to Sonya. I just noticed your care and commitment over the weekend, and I wanted to shout it out. 11.4 COUNCILOR CORRAN I also wanted to shout out to the staff for this and giving us all the materials that we needed to make meaningful cases in Santa Fe. We were there a little bit earlier last week. Especially in our case Natalie joined us as well for earlier in the week and we really had very impactful conversations along with Nicole Martinez from Community of Hope who was really just finishing the point in time count related to homeless folks in the community and so I think that those conversations as we continue to talk to all the legislators are really powerful and also I just want to say that Las Cruces is really considered a place where we are doing I want to say everything right, we are really working on every level of addressing housing, homelessness, employment, zoning reform and it was good to meet with legislators and the administrative folks who see that Las Cruces is the place where we can be leaders in the state even if they forget we exist like 90% of the time. I really appreciate the staff who helped prepare us for that. I do really quickly want to talk about the Lead and Copper thing. Since clearly, I am the one who needs to be educated on that particular topic. We do have that set up for March 4th. The community will be able to participate. I will be there getting educated so as was requested here in City Hall from 6 to 8, March 4th. There will be a bunch of experts from both city Utilities and state level environmental health folks and ability for the public to engage on those questions, so it is addressing it in a more thorough way that I think would have happened at a council meeting in any case since we can’t really have conversations in city council meetings as has been alluded to. So, this would be a good place to have those conversations, and I will be there to learn. So, thank you for setting that up. 11.5 COUNCILOR FLORES I wanted to raise the issue that Councilor Mattiace brought up. I have been the liaison to the Airport Advisory Board and one of the things that we and it is purifiable to the Industrial Park, but it is that area and there has been a lot of presentations on planners that have looked at it and I know that there was you may all recall it was during Covid there was a big company that was going to come out here but it required storage of some sort. I think they were able to get that going but there was a big problem, there has been a problem with not getting enough infrastructure there like electricity and I know that when Ifo was City Manager he with his vast experience and all he actually met with EPE, I don’t know if it was Rico. The vision that Ifo had is that we needed more electricity. We don’t have the power and that is what is coming up again. So, it hasn’t changed in seven or eight years as long as I have been here and I just don’t know how that is going to be resolved. I think it has to do a lot with El Paso Electric is able to provide and what we ask for, what we will get are two different things, but I definitely believe that we all know that we need more employment opportunities for our residents and people outside of the city limits. I mean they contribute in so many ways when you have commuters coming in and then they might even move into our city but is just something that I wanted to put out there and I know that Chris Faivre and Elizabeth, I think are aware of that situation. That is something that we definitely need to look into in terms of getting more power. I just want to say that Rico mentioned to Councilor Mattiace that we needed more power presumably electrical power and when we tried to get it it was a no go project. If Rico you are listening, if you want to talk about it talk to Chris or Elizabeth, not me. 11.6 COUNCILOR BENCOMO I also want to thank staff and Larry specifically for supporting Councilor Corran and I while we were in Santa Fe last Thursday. It is quite an exhausting day to be there all day but it felt really fruitful and felt really great especially because we were there with also Natalie Green and Nicole Martinez and we were able to have great conversations with Representative Small and the Governor’s housing staff on all of the things that we are doing well and all of the funding opportunities that they can be a part of and join us on this journey and we honestly had a really power conversation with Representative Small, Chair of the Appropriations Committee who had a really interesting challenge to us and he said that the city of Albuquerque had gone to the legislature with an ask, with a pretty big ask and said this is our challenge and the city of Albuquerque and right in that conversation I am so grateful that we were with folks like Natalie who know this like the back of her hand and you know we were able to say if the city of Las Cruces is able to get $10 million we would be able to complete a significant portion of our housing projects that we currently have planned. That we currently have the infrastructure for and so today some of us will be giving a comment during the Appropriations Committee to make this ask and hopefully get that additional $10 million coming to the Las Cruces Affordable Housing Trust Fund so be on the lookout for that. Going to the Round House is really overwhelming and that is why I am so grateful to be able to go with someone like Larry Horan, our Lobbyist so that we can have these very productive conversations about not only our capital outlay priorities, these kinds of priorities and of course our policy priorities. Which by the way I am very late to this but the New Mexico nmlegis.gov website has a great tool called My Round House, where you can create your own account and then be able to follow specific pieces of legislation. I currently have it filled in with legislation like HB 4 which is criminal competency, several key pieces of legislation on housing, immigration and something that I really wanted to put on our radar because it absolutely needs to be is Senate Bill 1, 2, and 3. It is the single largest investment in our behavioral health system that I have ever seen and those bills are good, important and powerful and we should be keeping a close eye on them as well as they will have a very large impact on our community but the entire state as well. I was able to join Chief Story also last week to give public comments and support of HB 4 for the criminal competency legislation and I am sure that will be moving very quickly as my understanding all public safety pieces of legislation are. The last thing I wanted to talk about was, Mayor and City Manager I would like to request a Work Session/conversation on an ordinance that I shared with some staff already that was passed in Albuquerque a few weeks ago on that they passed a bill that creates penalties for landlords who have vacant dilapidated buildings in the select area of downtown. Up until recently I thought perhaps that was not something we could do but it did pass in Albuquerque and just in some brief conversations with Chris Faivre I think that this is something that we can really attempt here especially if we designate certain areas for that kind of penalty whether it is the MRA or the infill or also downtown or all of the above or before we take it city wide but I really would like to have a Work Session on this and I had passed that news article to key staff and so that is something that I would love to request. 11.7 MAYOR ENRIQUEZ Just again I want to note and say thank you to staff and council for great representation up in Santa Fe and especially during the Las Cruces Days. I think that there was a lot accomplished, a lot of visits, a lot of requests, a lot of input, trying to justify the needs that we have here in Las Cruces. So, I thank you all, especially the council, for being out there for participating and representing and staff as well. Also, we had great presentations and participation from all Las Cruces. We thank Chamber for setting it up, but we had hospitals, Mountain View, Memorial Medical, we had Las Cruces Public Schools, NMSU was there, the Burrell College was there, Dona Ana County was there and it was great to see how many people really care about what we all want and that is a better Las Cruces. It’s a better Dona Ana County and so we will continue to work at that. I know that there will be other resolutions coming up, other bills to support and if those are things that we are asking for and things that we are in favor of absolutely we are going to bring them and help our legislators to get them through by justifying that Las Cruces is in favor of those to. So, we will continue to move in that direction. 12. CITY MANAGER REPORT 12.1 IKANI TAUMOEPEAU I would be remiss if I didn’t share a little bit about Las Cruces Days. I do appreciate the 14 people and delegation that went from our Library/Museum team. I do have to represent for the community collaboration because we can’t do it without you all. These are the Friends of the Library and Museum Foundation along with our executive Quality of Life staff and our library staff and museum staff. Thank you so much for making the time to go up. Every legislator or representative that we met with during this past weekend mentioned how impressed they were about that delegation, about the library so there is a lot of momentum, a lot of positive vibes with the library and museum. So great job and then also every time we met with legislators it felt like we were all in line. We intentionally years back when Ifo was here I was new to the state, he was new to the state and we were trying to figure out what is the strategy to the Round House and trying to figure it out ad I am not saying that we solved it but working together in collaboration not only during Las Cruces Days but also throughout the year. It is all about relationships. These legislators, they are humans, they have passions, they have priorities, and these are things that what they have told us early on is come connect with us throughout the year. Not just us as executive staff but you as councilors, you as elected officials, your connections are so important, so critical and together with foundations and Friends of the Library and museums and others that I haven’t named I just want to say thank you for being intentional. I take that as a huge win. Later this month funds will be appropriated to legislators and they have asked us to come back and return and continue to be in the forefront and I know others have already put that on your calendar so I just want to let the community know and those in the audience that there is intention coming from the dais and we appreciate the guidance and direction from the elected officials. Last, I would like to recognition, we have our new Finance Director. I will share just a brief bio on her then we will ask her to come up and she a few words with you all. She is here in the audience, and I will ask her to share a few works with us. Her name is Lesley Doyle. Our new Finance Director has over 25 years of experience in governmental accounting and financial management. Most recently serving as the Chief Finance Officer for Deming Public Schools. In 2004 Leslie jointed New Mexico State University promoting over the years to various positions including Director of Accounting and Financial Reporting. Since 2017 Lesley has worked as CFO for the Deming Public School District in Southern New Mexico serving large at risk populations. In this role she managed the school district’s budget and oversaw all finance related departments including financial reporting, cash management, payroll, accounts payable, and procurement. She played a crucial role in analyzing and implementing school board policies, providing financial training to district administration and working with the finance advisors to issue long term debt. Lesley’s educational background includes a Bachelor in Accountancy, a Master of Business Administration from NMSU. So, Lesley, as you walk up and share a few words I would be remiss if I didn’t share appreciation and support for Laura as well. Laura Holguin if you would like to stand up for everyone to recognize you. A round of applause for her. I would like to take the opportunity at this time to recognize her for her assistance as Interim Finance Director as we took weeks and a few months to select Lesley. There was various candidates. It was a great selection pool but we appreciate the smooth transition thanks to Laura we could not have done it without her. The great thing is that she is our Deputy Director in Finance and she will continue to be there and she is ensuring a smooth transition. We appreciate you so much and your contribution. Lesley Doyle, Director of Finance said I started with the City of Las Cruces actually as a co-op, way more years ago than I would like to admit but it is nice to come home. I have spent the last seven plus years in Deming, and it is both humbling and exciting to be able to come back and serve the citizens of Las Cruces. I will say I am very impressed by the staff as evidenced by the award that was received, and I am looking forward to working with each of you and please reach out with any questions. Ikani Taumoepeau said there is one more, Housing. Fantastic news as well. City of Las Cruces is receiving a huge recognition here and thanks to our Housing Department. We will be recognized at this year’s National Community Development Association Conference in Washington D.C. for the role it played in the expansion of Casa de Peregrinos Food Pantry using Community Development Block Grant CDBG Funds. The city will receive the Audrey Nelson Award on February 7, 2025. The award was named after Audrey Nelson, the first Deputy Executive Secretary of NCDA to recognize exemplary use of CDBG Funds which address the needs of low/moderate income families, homes and neighborhoods. The award celebrates her legacy and impactful work and organizations that continue her mission of creating stronger more equitable inclusive communities. So, we won this award, and Natalie will be receiving this on behalf of Housing. So, a round of applause for Natalie and the group. Thank you so much. Just to let you know we are a population of 100,000 but there are other recipients as well, larger cities. We have Tuscaloosa, we have Detroit, we have Pasco County, Florida, we have Orlando, and we have the city of Albuquerque. Huge cities but in comparison and of our size we have fantastic staff and talents that are competing against other larger cities that are much larger than ours in the nation so recognition and kudos to a great team, to Natalie and the Housing team. Mayor Enriquez said I just want to also mention again the City Manager reminded me when he said that it is a yearlong process getting to know our legislators, our senators, our representatives and talking to the Chamber looks like this year in the summer they want to have a Las Cruces Day in Las Cruces. So that we can invite the legislators to be here and we can start addressing some of the things that we completed but some of the other projects that we are looking at moving forward within some of the needs in Las Cruces. 13. ADJOURNMENT 13.1 Councilor Becki Graham moved, seconded by Councilor Johana Bencomo, to Adjourn at 2:44 p.m. SECONDER: Councilor Johana Bencomo Mayor City Clerk