e e e [Music] J good afternoon welcome to today's work session today is Tuesday November 12th 2024 it is approximately exactly 1 pm. I am mayor PM Beno we will start this meeting today with the moment of silence for the brave women men and women of the United States armed forces and the courageous women and men of the Las crus police and fire departments as they keep our city safe 24/7 please join me in the pledge thank you before I continue to our agenda items I do have a closed meeting statement to read to all of you and hang hang with me because there's lots of names I got to read so um let's get started the city of Las Cruses oh that's is that right yeah right yes yes okay my apologies the city of Las Cruses South the city of Las crus South Central Solid Waste Metro narcotics uh mvda and the Animal Service Center met in close session at 1105 a.m. November 12th 2024 the following were in attendance Patrick peek Rosa Montoya Adolfo cardinas Bernice Navaro Scott mcal Renee ree laara Olen [Music] um h le le Lopez Albert Flores Clint dcker Barbara bomo Jeremy story ji Borgo Cassie McClair Becky Graham Becky Corin Yanna benom ion tomow Erica hackz uh Roberta Marquez Maria Sanchez Josh saffle and Chris Gartner the meeting adjourned at 11:21 1 a.m. statement for the record the close meeting discussion was limited to the items as stated in the posted notice the purpose of the close meeting is to was to conduct an an audit exit conference for the fiscal year 24 for the city of Las cruset South Central Solid Waste Authority Metro narcotics msia Valley Regional dispatch Authority and Animal Services Center of the msia valley which is close pursuant to nmsa section 1265 to 12614 here we go up first is jobs of the week and I don't think we have jobs of the week today um so second up is pets of the week with Carol neelsen good afternoon I'm Carol Nelson the digital content specialist with the Animal Services Center of the missia valley this week for the pets of the week we have our cat of the week Jack number 786 685 if you would like to look him up online I'm a sweet 4-month-old domestic short hair who can be a bit timid at first but once I feel comfortable my playful side shines through I sometimes have a bit of a wobble but that doesn't stop me from chasing other after toys and having fun I'm looking for a calm and loving home where I can grow into the confident cat I know I can be and our dog of the week is Jesse she is our longest term stay at the shelter so we would love to see her get adopted um her number is 66337 I'm always on the Move whether it's chasing my tail or playing Fetch with the shelter staff my days are filled with toys treats and lots of fun I love learning new tricks especially when there's a tasty reward involved my energy is contagious and I'm known for bringing smiles to everyone's faces but I do need some help raining in my energy especially around other dogs sometimes what I'm really looking for is a patient and experienced forever home where I can share all of my love and joy um and this week we are going to be teaming up with the Elks Lodge for a silent auction we will have some adoptable animals there so come out and see us on Saturday uh from 11: to 2:00 p.m. and as always you can find us on social media and also feel free to visit our website at ww. ascmv org just as a quick update about our website we are currently experience some software issues and so there is a little bit of a glitch when you're looking at adoptable pets or recently um found pets that are brought into the center so if you have any questions or concerns reach out to us by phone or you're also welcome to come into the center to ask questions and see what we have on site thank you so much as always Carol uh first up on our agenda is 3.1 State Legislative priorities that will be Barbara bomo Natalie Green Christine Rivera and Larry horen who is our city lobbyist Barbara good afternoon mayor proem and councel uh this afternoon we bring forward for your consideration um some items of interest for the upcoming 2025 State legislative session before you is the process that we typically follow as we prepare for the legislative sessions that start in January kind of in the late summer we start discussions and those are inclusive of our state legislators of course um we um like to hear about what the interests and concerns are we are able to share things from the the city's perspective as well mostly from our adopted plans and priorities um we go through a process where we take a look at what our adopted plans are indicating for uh prioritization for our Capital outlay requests and then here um at today's work session we have the opportunity to bring those forward to you to get your input um on those items that are proposed for uh Capital outli priorities we also talk about upcoming legislation um that might be of interest to the city and might be of interest for you all to support and so today project with grow funds there's always a possibility that the guidelines change during the session so I'm I'm providing what we the knowledge we had based on on the 2024 session but this is something that um we need to be able to to respond to during the session depending on what the guidelines are um growth funds or Junior money as as it was known in the past typically uh was available if there were funds left over so the funding amount uh after the budget so the funding amount varied and I think that's still the case and that's why there's with growth funds there's a little bit of uncertainty about what might be available and what the parameters might be but that's something that we're keeping track of so that if we do have something that matches that we're able to um accessibility of our spaces for a greater number of our uh population and also we've noted that there's an economic impact uh for the larger number of Playing Fields allows us to schedule tournaments and other large events here that have um an Economic and Business uh impact in our community so the the capital outlay request for for this phase of the complex would be 5.9 million the total project would be uh over $20 million and you can see the funds that we've addressed or that we have invested to this particular project scope um other funds received which um is 3.4 million we still have to figure out the $8 million but this is sort of overall how we're doing the the project planning for this scope for East Mesa so again the Highlight is the capital outlay request of almost $6 million for this project the next project is something that uh will you'll remember because recently we have adopted the master plan for the branagan library um uh renovation uh and expansion of Li Library services so this scoped project uh for the branagan library renovation has an $18 million total cost um we are anticipating that we could request this on our 2026 go Bond initiative perhaps for around $1 million we have received other funds for from the state for Furnishings from the tid for planning in the amount of 1.4 million and our Capital outlay requests would be $5 million and we would still be looking at finding uh an additional $600,000 for the project but this will follow the master plan plan that you just adopted uh for facility renovation of the ground floor Ada improvements um expanding the lobby Etc uh so this would be the the phase one or first step in creating the state-of-the-art library to with enhanced services for the community and really this is a regional effort our library is utilized um not only by our city residents but those in the region who come to um make use of the facility and and to um to check out books and and other materials the next item on the list of potential Capital priorities is inductive charging this is for our electric buses um our electric buses right now cannot meet the duty cycle on one charge so that means going around the city and the loops that they're they're routing um and so what happens is they would have to be swapped out at some point for diesel bus is if we were to be able to uh plan design and construct an inductive charging system then every time the buses would come into the Intermodal Transit facility they'd be able to be charging while they're waiting there uh to get the next passengers on board and actually that would provide sufficient charge uh for their duty cycle this project um has a $5 million total cost uh with a a $600,000 city investment we are anticipating to that we will apply for federal low no funds and that's the funds TBD grants that you see there of $4.2 million so the capital outlay request for this particular project would be $500,000 and the community impact in addition to our operating efficiencies would certainly be um improved emissions uh from the greater utilization of our electric buses another potential Capital outlay item uh with our Museum of Nature and Science is the re a redesign of the displays at that museum the request for this uh capital outla capital outlay priority would be just under $400,000 to allow for better engagement with visitors through the uh redesign of the facilities um um displays active Transportation this is an item that has been a capital outlay priority uh for a couple years kind of like the East Mesa Recreation Complex and that is because as we continue to implement our active Transportation plan there are elements of many projects that could be expanded to accommodate act a better active Transportation scope um the community impact would be increased safety uh comfort and convenience for our facilities and that includes um streets uh Transit shade structures uh bicycle facilities trees anything that enhances the safety of our uh Transportation uh in the community the capital outlay request is $4 million we have received $400,000 we have spent $2 million of City funds and and we have still about $600,000 in other funds to identify uh for this project uh this the identified improvements would total to $7 million we have a housing project on the um list of potential Capital La priorities although we are still evaluating funding and financing options for this project but we bring it to you for discussion and and consideration we are still scoping this out um and this is the project that will increase the inventory of housing for Veterans uh work Workforce and Senior uh rental units it'll be 218 uh units in the ELO MRA and again this is something that we could potentially look at uh as a capital outlay request but we are still finalizing some numbers so that's why you see the as risk on this one but potentially the capital outlay request could be $4 million on a project cost that's almost $50 million so large project one of the proposed Capital La priorities has to do with ADA compliance and this is important because it will allow our facilities and specifically City Hall and Municipal Court to be more accessible to the public uh these are two facilities that are heavily used by the community and there are number of improvements that could be made uh to make these facilities more accessible including parking ramps um automated doors uh redesigning floor space handrails um again specifically at City Hall and Municipal Court the total project costs would be about $5 million $1 million of City funds spent $1 million of capital outlay and then $3 million still to be determined and and with many of our as with many of our cap outlay priorities depending on the funding that we have we actually received we can certainly scale the improvements we're able to put in uh but this is what we uh think would be a great uh ask and you you may have um noted that in the governor's portal she specifically talked about facilities uh that need to comply with with regulations so this would certainly fit that that uh description or that guidance you all are also familiar I think with our Capital outlay priority that's been continuing continuing uh regarding our Wastewater and septic systems um this is something that you've seen for many years because there are many uh many Parcels or homes that are on septic systems that are not connected to our utilities uh utilities let me know that um back in the early 2000s mid 2000s uh when we started looking at the inventory of uh Parcels in the city that were on septic system it was around 1,800 uh units we have been able to convert about uh 263 to City Utilities so there are many more that we would like to address um and as you see here the community impact of this is in protecting our aquifer from pollution and helping to ensure the reliability of the city's drinking water supply so this will continue to be a priority for us uh we will continue to utilize whatever funds we receive uh towards expanding our our Utility Systems and potentially connectivity uh to individual homes and you're going to hear a little bit about that later when um Larry talks about the enabling legislation that we're going to uh bring forward hopefully in the next session uh and one note on this Slide the reason that there's no dollar amounts in the in the city's investment line is just because these are Enterprise funds those of you who are very familiar with the utilities uh business in the board know that for price funds that are generated by rates this is something that we're unable to use uh for this particular type of project so that's why we're always looking for other funding sources to be able to to make Headway on this another potential Capital outlay priority involves Street and Park lighting specifically for safety uh reasons um safety and efficiency we've got street lights in some areas that that um don't have uh bulbs that provide adequate lighting and we have some Park facilities with insufficient or outdated lighting so in we're targeting a few Parks Valley View aaka young and lions for example with perimeter lighting for this particular project this project cost for both streets and parks would be just over $7 million we've invested just under 4 million the capital outlay request would be just over 3 million and we'd have about 4 $1,000 to to still uh figure out for completing this project um we've got some police regional response vehicles uh as a potential Capital outlay uh priority LCPD responds increasingly outside of the city in assistance to uh our state police and this specifically uh pertains to swat uh activi ities so in order to not uh strain the fleet we are uh requesting capital outlay of $500,000 in order to fund five vehicles that would be assigned to swat for this purpose and you'll note here in the community impact over 50% of the SWAT call outs are call outs are outside the city limits so this is also another Regional impact um uh in in the assistance that we provide to the area for this purpose and then finally uh another potential Capital outlay priority is the police real-time crime Center you'll probably remember this from our list last year uh we did receive some fundings funding from the legislature last year we've also received some federal funds as well for equipment um the the community impact of implementing a real-time crime Center is to be able to provide realtime and intelligence to officers so that they can respond uh more safely and act on better info can also help uh with locating missing persons tracking stolen vehicles but in order to do that we're renovating um part of our police station and equipping it with um the technology and systems needed in order to uh bring this uh realtime crime Center to life also in the community we would need a number of cameras and equipment and so the capital outlay request for this is is a million dollar total project cost four we've invested just over a million we've received just under a million with about $800,000 still to identify for this project with with respect to the growth funds that I mentioned earlier the proposals for these funds will be developed over the next month or so and then certainly during the legislative session as we get more guidance as to what the F funds availability is going to be and what the priorities are going to be from the legislators but we have a few things that we'd like to start preliminarily developing for funding and one of them includes a library bookmobile uh this would be a program uh again to provide a great greater access of Library services to our community and and to our region um it would involve the acquisition of a of a bus uh to to provide this service so that's that's one item proposed by our quality of life Department um another potential grow project is the acquisition of emergency generators for some of our facilities that would help with our community resiliency and response in um in times of emergency uh for heating and cooling stations Etc um then we also have a potential ask for retrofits of our transit buses to provide greater security for our drivers unfortunately we have had some incidents where the drivers have um um been assaulted um and so we definitely want to make sure that they can perform their job in a safe environment and so those retrofits of the of uh existing buses could potentially be a a grow program request and then uh finally as the um Police Department expands uh some of their use of Technology there's a proposal for a drone as a first responder program uh something that has been implemented in other communities uh to Target high priority calls with longer longer range drones and and similar to the real-time crime Center providing better information so that response uh can be made without uh the same degree of ambiguity that we might have right now for some some certain types of calls um I've I've just got over a long list of uh potential priorities for the city as you know we have our partner agencies that are at the Community of Hope campus and Natalie is going to go over some of their Capital outlay priorities these are not priorities that we would necessarily be submitting to the state they would submit them but they're on our campus they're on our partners so we think it's helpful to coordinate and to know what the requests are so that we can also support them so I'm going to go ahead and turn it over to Natalie good afternoon Natalie Green for the record um just to note there was a fifth logo elito it's disappeared over lunch but there was El Cito logo up there uh before I left for lunch so I didn't forget you guys um so the campus is made up of five Alliance agencies uh the first is M Valley Kam hope peros Amador health and elito and so they work together to advocate for uh campus-wide projects um the four that were selected this year for Capital Outlet priorities is the kitchens uh the deescalation office uh some solar for building one and then some master plan implementation uh the first project is the kitchens it is a 20,000 SQ fot uh soup kitchen and licensed commercial Community Kitchen it's received approximately $2.9 million in capital outlay so it's under design um they'll start working on uh site prep and demolition it is consistent with the adopted master plan the estimated total project cost is about 15 million and so they would be requesting uh 5 million this year uh the second is the deescalation office so it's the conversion of an existing patio into additional office space it would be dedicated to help people in crisis it gives them sort of a safe place away from the rest of the buildings it did receive Congressional directed spending so we would be seeking gain capital outlay in the amount of 400,000 and10 410,000 uh the third is again the solar for building one uh building one is the building that houses Amador health and the current uh elal sub kit so it's approximate 600,000 to to provide uh solar and that would improve um the service provision as on the campus so they can um dedicate more of their funding to direct Client Services rather than um costly electric uh the fourth is just a menu of options so depending on the funding that we receive we could select um very particular projects as part of the master plan and the traffic impact analysis that we conduct conducted uh there was a number of recommendations um including some Hawk systems on Amador and a hawk system system on Valley um some bus lane and turning lane improvements a third um emergency exit only driveway uh right now there's two driveways off Amador we would like an emergency exit off Valley um some potential improvements to the lateral uh as Council may be a war be aware that lateral uh that Miko lateral next to the campus was buried and so it uh provides an opportunity to do some trail extensions and fencing um and some additional uh pedestrian Improvement in that area and then uh a parking lot reservation uh renovation so the city acquired uh this parcel here and it's currently a dirt um lot so some additional uh parking lot improvements would benefit the entire campus and with this I'll pass it over to Larry thank you Natalie yep to go over legislative policy items we have Larry heran thank you Larry uh thank you Barbara um good afternoon Larry heran lobbyist for the city of Las cruset it's always a pleasure to be here in front of you um appreciate to get chance to talk to you about this upcoming legislative session the 2025 legislative session one thing we're we're definitely going to see is there's a dramatic turnover in the members of the legislature out of a total of 112 members the house has 13 new members coming in and the Senate has 16 out of 42 so that's the largest turnover we've seen in the New Mexico State Senate in a very long time um coming out of this the last election there was not dramatic change as far as the makeup of the legislature the Republicans um both in the house and the Senate picked up one additional seat and so the Democrats lost one seat but it's still a very um strongly Democrat um majority in both houses as we come into the session in January this is a 60-day legislative session as as just as a reminder a 60-day session is opened it's open season for the legislators to introduce anything that they feel that they would like the state to consider as a 30-day session they're limited into what they can the scope of uh legislation they can consider 60-day session it's open to everything um as far far as Trends and forecast still we are still on a positive economic growth for the the budget for the state of New Mexico although last year we had record excess Revenue levels in excess of $3 billion we're still seeing um trends of more and excess general fund Revenue although we're the the latest estimate in August was about 600 million in addition to what we've what we had last year in Revenue growth so there's still a lot of opportunities for um budget increases for the state what you're starting to see in the trend is the state is dependent on oil production and most of what we're seeing as that positive Revenue trend is an increase in oil production it's not tapering but it's starting to level off some so it's not as steep of an increase as it has been in the past but it's still a good forecast um for the legislature we're going to get to specific legislation to watch uh on these further slides and what some highlights we think are going to be a Major Impact for the city um as we've done in the past and as we saw also during the interim and then in the last legislation um role of counselors and staff during the session as you as you may have experienced last year there's some there's a couple of times that I think the council and staff is planning to come to Santa Fe for the session not NE in conjunction with or around Los cruus days in Santa Fe and then there's also other opportunities if you're up there on specific pieces of legislation um that you want to advocate for and even if you're not there now following Co they're still allowing for virtual participation in a lot of the Committees so as issues come up I notify staff and then staff can notify you about if there's issues you have particular interest and as some of you experienced last year if you're in Santa Fe and there's issues you want to work on and you want to connect with legislators we're happy to walk you around and help help navigate that crazy place um so we can at least find those legislators for you and then staff is the same so we we set up a communication I guess I would call it a tree as far as what we're dealing with issues funnel those issues down to staff get input and then and then we're able to advocate for the city's interest during the session so again look forward to you and if you have a chance to make it to Santa Fe or you have interest in a particular issue as you probably heard me say before it makes a difference if you go to Santa Fe and see the legislators there they appreciate the phone calls and texts especially when they know you've made a 4-Hour trip just to talk to them about an issue it does make an impact and they do pay attention and they also like to hear from other elected officials versus hearing just from staff or from lobbyists so if there's an opportunity or there's something you would like to to have connection with up there we're happy to help you make that connection with the legislators here just a a a breakdown of the timeline session always starts the third Tuesday in January and so this year it's about the latest it can starts with January 21st um they've allowed pre-filing of legislation for legislators although they've cut down the time they used to give them about a month now it's only about two weeks so starting just after on January 1st we'll start to see the first of the pre-filed legislation you don't have to pre-file legislation to introduce it during the session but it gives them an early start to try and get early Bill num some legislators like to have low Bill numbers um halfway through the session is the deadline for Bill introduction so on the 30th day or February 20th that's the last day legislators um can introduce substantive bills except it's also not the exact last day because they'll introduce what's called dummy bills so they'll have about a 100 bills that only have a title and have no substance that they can substitute later in the session um for substantive legislation and they'll they'll introduce all those bills on that last day but by about the midpoint will have a good idea of what we're looking at and what the scope of what policy issues we will see um March 22nd is the end of the legislative session I always say the only things I can tell you for sure about a legislative session and in this in 2025 it will for sure start at noon on January 21st and it will for sure end at noon on March 22nd give or take a few minutes but other than that everything else is pretty much still the wild west um the governor has 20 days to act on legislation follow following the session if the governor fails to act on a piece of legislation by that date of April 11th this year it's deemed to be pocket vetoed um so she so the governor has to actually take action to sign or veto legislation and the governor also has the authority to use line item veto on Appropriations bills and so some of those bills like Capital outlay like the budget the governor has the authority to line item veto and if a piece of legislation does not have an effective date specified in it June 20th will be the effective date of all new legis ation and now for ier changes I think I'm turn it over to Christine and I'll be back mayor proam city council um Christine Rivera city clerk I want to bring forward some proposed IA changes but before I get into that I want to kind of go over some current data that we're seeing at the city so as of October 31st of this year we've had 2588 requests in 2023 we had 1,800 64 requests so we've seen an increase an exponential increase we feel that we're going to probably um meet 3,000 by the end of the year um we've seen since 2018 we had 810 requests so you can kind of see the difference we've had a a 130% rate growth in the number of requests that we've obtained um we've also realized that we're spending anywhere from 400 to 500 hours a month reviewing redacting and researching searching IA request so just throwing that data out there as I go into these changes in 2023 we did see some major changes to IA that we were so excited about but generally Ira is very vague and very ambiguous and it's definitely interpreted differently by different attorneys and different judges so you can kind of see where we run start running into some of the problems that we do but in 2023 there were some changes and I'm going to go over a couple of those the first one was a really awesome change which was body cam specificity so we were getting requests for any and all body cam for this event well now they're required to put in more specifics related to it so they have to give us a computer aided dispatch record number or a police report number or a date or date range with reasonable specificity with one of the following the name of the law enforcement officer a first responder an approximate time or an approximate location and then any other criteria criteria established by law enforcement usually we're looking for dates of birth because that's how they look it up in PD um the next couple changes that we saw were actually um very surprising because a lot of people don't know that we couldn't redact these things beforehand and now we can so one of the things that we weren't able to redact beforehand was great bodily harm images of deceased and intimate body parts now we're able to do that we're also able to redact death notification so if a police officer goes out to a family member to notify them of a death we are now able to redact that we're also able to redact passwords which surprisingly was not a redaction or an exemption that we could provide so now we're able to do that and lastly employee addresses those were public record up until 2023 um of course that doesn't account for elected officials your addresses don't fall into that um exemption so the two main changes that I am proposing are related to what we call as otherwise provided by law and this is a really really difficult exemption for us to apply because there are numerous laws and so the first one is related to victim's rights and the reason why we're bringing this up is because victim's rights protects the victims but only their name so it doesn't protect their visual depiction so somebody is the victim of an assault we can't redact their face we can only redact their name so and then the thing with that is that we can only redact up until the case is adjudicated so what happens is then those protections fall away from the victim and so a lot of times my team feels that we're protecting the accused a lot more than we're protecting the victims and we see that as a major problem so we would like to see that those protections extend past the adjudication of cases next is the children's code which is another very very difficult exemption for us to apply so the children's code limits the protections to Children whose records are related only to cfd which means child abuse and neglect so what we're proposing is that there be greater um protections we increase those protections to children that are involved in any sort of crime so those are the main ones that are related a lot to what PD does um the next one is email searches and you guys have all seen this when I've requ no not at all when I've requested iter requests from you guys but we get these really really um Broad and burdensome requests where they're requesting any and all emails from the city manager for the past three years that takes us a lot of time um we do try to work with the constituents and ask can you be a little more specific or can you narrow down the time frame can you give us some keywords um you know help us help you that doesn't always happen and so we get these enormous email files that we have to go through so what I'm asking for is for some more specificity related to email searches kind of similar to what we have for the body cam footage um fees this has been an ongoing um conversation I know at the municipal league and at the legislature we don't have a fee schedule we don't have a set fee schedule right now what we are charging is for a jump drive to put information on a jump drive or or if we're printing copies of a document for them everything that we do is electronic for the most part and free and so we're asking for there to be a change regarding to some kind of set fee schedule across the state so municipalities don't have to determine that themselves um also what's happening is that we're putting a lot of hours and a lot of work into these requests and people are then saying oh never mind we don't want that so I think if we have a fe set fee schedule that'll help with that and then lastly I didn't put this on here so it's just kind of something to think about in the future but we have a lot of people requesting body cam footage that are using it on their YouTube channels and they're currently not paying for those videos because they're electronic so they get a link for them well in return by putting it on YouTube they're probably um monetizing off of that and so what we would like to see is our name image and likeness protected at some point and maybe some sort of trademarking or profit sharing video related related to that so those are all my proposed changes and I believe I'll turn it over to Natalie uh Natalie Green again for the record uh we are monitoring some of the policies around um housing this session the first is we anticipate that there'll be a a a third rendition of the new New Mexico uh office of housing so we're monitoring that bill um if it has substantial Chang es from last year and I anticipate that staff would be supportive of seeing that move forward what it does is it codifies um the office of housing it exists now but it only exists under this uh current governor so this would um extend it past um whoever's in office uh we would also like to see additional investment in the New Mexico Housing Trust fund last year was one of the largest Investments um to date so we want to see that uh commitment move forward Ward uh we would also like to see uh an increase in investment in both rapid rehousing vouchers and permanent Supportive Housing to address increases in homelessness uh typically that's through the linkages program but there are other programs out there uh we would also like to support eviction prevention funding so if we can um keep people from becoming homeless in the first place and can address their uh risk for housing insecurity uh early and uh often than we can prevent homelessness we'd also like to support uh flexible funding for Supportive hous Services and housing oftentimes Supportive Services are linked to very stringent and um heavily regulated federal funds so we want to see uh broader use and broader flexibility in those and then we're also monitoring uh the potential for a Statewide source of income discrimination um source of income discrimination legislation has passed in the major metos including Los Cruses Bern Leo County Albuquerque and Santa Fe and so we anticipate that there will be Advocates who bring that forward for a Statewide um so we'll continue to monitor that as well again Larry heran lobbyist for the city of Los cruus just before I get into anti-d donation and enabling legislation just a couple of other things that's come up on the inspection public records act in the last couple weeks with meetings of the municipal League um Municipal league has met with New Mexico foundation for open government and also the New Mexico press Association to see if they can collaborate on changes to IA because one of the big challenges you have is a fight between local governments and open government Advocates and so the effort is going to be to try and see if there there's Common Ground we can come to agreement on and there's there's a couple areas that seem hopeful on that part of what and Christine touched on it about the the fees what you have in addition to YouTube is you have companies like Lexus Nexus calling asking for big information requests from local governments both cities and counties and that's data that they're taking commercializing and monetizing so there may be some type of a bifurcation of fees meaning for the press and for Citizens where're trying to maintain the intent of era have a fee structure so that they can get the information they need but if it's a commercialization purpose either treating them differently in another statute or or charging them in a different fashion in order to try and um eliminate some of that overuse some would call it abuse but excessive use of IA and the other piece that they're talking about and it'll probably come up we're going to have a follow-up meeting probably within the next two weeks with fog is a a an administrative review piece in between the requestor and the local government and the district court so if you can adjudicate at or have an administrative process that you have a dispute that you can resolve it more quickly to to determine what people are looking for so we're not waiting for a court to to weigh in they're talking about putting in an additional step to try and streamline some of the process as it relates to IA so just another couple pieces to consider so now we're on to the anti-d donation and en enabling legislation we talked about it last time I was in front of you in the last 60-day legislative session there was an exemption to the anti-d donation Clause that was proposed and passed as a constitutional amendment in the last general election that would allow for the legislature to pass legislation to allow local governments the state to give money to private individuals if it's for what they consider to be essential household services so the step we have to have now with the Constitutional amendment is now we have to go back to the legislature and ask them to pass that enabling legislation that's what we've discussed and what we're proposing Senator Hamlin has authorized the draft of that legislation and essentially what it would do the idea first came up with us with septic systems but it's probably going to be broader than that we would ask the legislature to allow for local governments to develop their own program to fund projects that could actually be on private property for Citizens as it relates to any utilities so for us with the septic systems where we run into the problem is we can lay the sewer line you can run the line all the way to the property line you cannot go any further to make that connection to the homeowner so this would allow the local government to have the authority to decide what the program looks like so in this hypothetical would be you would be able to to create a program to say we're going to provide funding on whatever criteria you establish as fair for those residents to provide that last um connection to the septic system or if you had other utilities where you wanted where you needed it or felt like it was necessary to go to that house on private property you would have the authority to do that so you would be able to spend either your general fund dollars State dollars or other dollars whereas today you can't on private property and so that's what the the concept is with the legislation it's currently being drafted by legislative Council service um Senator Hamlin's been has has has offered to carry the Legislation during the session this will be the first um Bill where we've tried to to use this new Constitutional Amendment so it looks like hopefully we'll be Trailblazers and at this point it's going to be broad for all utilities and possibly Broadband we're not sure whether broadband's going to be included or not but the idea that the senator proposed was she wanted it broad enough so that we don't have to keep going back to the legislature and that's one of the things that was part of the the discussion we had is if you're going to create a program like this where you have to have enabling legislation if you limit it to just one or two things and you think oh we need we should have used it for um water or we should have used it for electric you would have to go back to the legisl so this would be a broad um scope spectrum of enabling legislation that we're proposing and that's one of the proactive pieces of legislation that will be pursuing this session Public Safety is not a surprise we've been talking about it there's been at least two committee hearings in Los cruus and and that Chief story has particip actually Los crusis and Santa Fe and then we had a special session on Public Safety legislation so what we saw in the special session what we'll see again in the 60-day is legislation related to mental competency uh pre-trial detention also criminal competency fell in in possession um Juvenile Justice Reform um the da Sam bregman from The Second Judicial District is presenting his legislative priorities today to the courts and Corrections Committee in Santa Fe part of that is going to be proposed changes to the children's code as it relates particularly to juvenile um gun violence and so we'll see some of those uh legislation related to that and then there's still some ongoing tension between the legislature and the governor over the the special session agenda that the governor proposed just today in the aluu journal the Senate Democrats have indicated that they are going to have a package of Criminal Justice Reform legislation to include a Behavioral Health Trust Fund to provide funding for Behavioral Health positions throughout the state um some form of firearm safety and also again a common theme dealing with criminal competency because uh Chief story did a good job of illustrating that impact in Los crusis that's starting to gain some traction you're starting to see new stories in the Albuquerque area where you're where you have particular individuals that were having the same issue that they have multiple arrests and charges but they those charges are dropped because they they can they're not competent to stand trial so we'll see a lot on as it as it relates to Criminal Justice Reform um the next piece and we've been asked to present on is um animal protection voters is going to propose an animal W welfare trust fund we have a couple individuals here um uh Stacy Kirby and Judy wolf from animal protection in case you have questions for specifics on this piece of legislation this is with a a $30 million onetime appropriation to create a trust fund to allow for grant funding for any um animal shelters throughout the state so for us if that's enacted then we would be eligible since we have an animal shelter to apply for funding for operations of the animal shelter and they've also asked um for support of that legislative effort I I think and I think and I'll look to them for confirmation I think it was proposed last year the second time so this is the second time we we've seen it they they proposed it last session um it did not pass in the 30-day session and then we get to questions if you have questions for them they're available and they traveled down just to to get to present that in front of you today other policy items paid family medical leave that's the the program proposed um the past few sessions that would Grant paid leave for employees for qualifying illnesses of their themselves or their family members last year there were two competing proposals one was for a six- week paid leave program that was funded through like an insurance program like an afflac type of program and the other was for a total of 12 weeks of paid family medical leave that was funded by the employers and the employees and run by the state those were the the two competing pieces of legislation they had a vote on the 12we program it got out of the Senate made it all the way to the house floor and it failed by one vote so many of the legislators that were in the house that voted against paid family medical leave either didn't run again or lost in the primary and so I I I bring it up it's going to be back it'll be back this session if it doesn't pass this session it's going to be back in the next session some type of PID Family Leave is going to be introduced and we'll pass the legislature if it's not this year it's coming and so that has an impact on anybody who's an employer including municipal government as it would apply so um just to have that on your radar that's that's something that's going to be coming back we don't know the format of the legislation yet it has not been a draft has not been introduced from either of the compared to what we had last year looking at what happened with the makeup of the legislature I would anticipate it's probably going to be the 12we program that looks more like employer employee funded and run by the state of New Mexico um local solar access fund was something that that uh representative Reena sepanski introduced from Santa Fe last year and with support of the New Mexico Municipal League it was a grant program I think they ask was for $100 million for grants for local governments to be able to to apply for and obtain funding to do things like add um add solar to municipal buildings or Municipal facilities so it was a it was a positive program to allow for funding for increase of solar um throughout the state every 60-day session there's a cleanup tax bill um this year I think it's 342 Pages very various issues within the tax code I was very excited to see that in the cleanup tax bill as you look at the next bullet is the MRA statute they're already proposing a change to the MRA statute that we just fixed last year as far as timing and there's also changes as it relates to tax increment development districts and how the determination how they determine the Baseline grow receipts tax um in those tids and so it's something for us to be aware of Although our tid is already established and the Baseline is established as we're dealing with um tids in the future it would change how that um how that Baseline grosser seeds tax is determined although it shouldn't be too unfamiliar to you because what they did is they modeled it what we did in the metropolitan Redevelopment Act statute last year um so it's something that you'll probably be familiar with because they're going to do the same the same thing to deter a baseline you have to establish the boundaries of a district they'll assign it a tax code they'll take collect a Year's worth of data for that district and then that will become your Baseline gross receipt stack so they're going to use the same the same methodology that we Ed when we made the changes to the MRA last year MRA statute we don't know for sure but the City of Albuquerque May propose another change to the uh MRA statute which would be the third year in a row they contacted uh um contacted me about a couple months ago they're talking about re the original MRA statute allowed for use of imminent domain within the areas of the M City of Albuquerque is interested in putting that back in the legisl in the statute um imminent domain is one of the hardest things if not impossible things to pass at the legislature they hate the concept of expansion of iment domain so don't know if that's going to happen but it's possible so we'll keep an eye out for it um and make sure it doesn't whatever they proposed doesn't have an impact on the work we're trying to do with our Metropolitan Redevelopment areas and then we know specifically that there's going to be two different proposals for an increase in alcohol tax um one is proposed by representative Ferrari and Senator sadil Lopez from Albuquerque that's an an increase in the and it's based upon the wholesale and volume of alcohol sales um of note they it also creates a fund for some of the revenue from The increased tax to go to treatment services which includes a provision for local governments where we would have availability of a fund um or Revenue to fund alcohol treatment and then also the second one is representative madena from also from down here and representative poon from Albuquerque that's a use tax theirs is completely different they want to tax alcohol at point of sale much like a gross receipts tax or the tax on cannabis where instead of collecting at a wholesale level it would be a point of sale a 3% tax in um tax on alcohol sales that also has a provision to create a program to dedicate some of the funding to treatment programs um which also has a provision for local governments and others available for that funding um just one of the things before we get too excited about potential new Revenue the appropriators the finance committee and the House Appropriations Committee do not like earmarks of programs so it's not unusual for us to see a proposed dedication of tax revenue get stripped from from a piece of legislation like that because they'd rather they'd rather allocate it from year to year and and maintain that appropriating Authority and I think now we get to questions so happy to answer questions on any of that or anything else you might want to hear about amazing thank you to the four of you okay yes councelor Flores uh thank you Madame chair uh thank you Larry Mr heran um what I you know last year this uh tax on alcohol you know we visited with legislators and um and I'm I'm still not clear on on the difference I you know it seems like the one that uh Mika uh G is is uh behind um actually actually addresses lowering the price of liquor was that I mean that's what she said is was that in the bill you lower the price of Li the tax goes down but I'm not referring to the tax I I just want to know whether that's how that bill was proposed you know mayor ptim and counselor Flores I'm not sure as far as it how it ended up last year but the one that she has proposed and presented on this year would be an increase from 2% to 3% so would be 1% increase and it would be on per drink and the other the difference would be on what per drink so if you went in you ordered you bought an alcoholic beverage beond the actual sales so it's like a sales tax currently and the alternative proposal is taxation at a wholesale level so right now they tax on volume at the wholesale level and The Proposal with represent of Ferrari and Senator sadal Lopez would increase that and create a tiered structure so like smaller like craft Brews and and craft wineries craft distilleries would pay a rate based on volume they're selling but if you had a anheiser bush that's at a higher volume they would pay a higher tax rate so it was a it's a three- tier structure and it also included an additional fee of a 28 cents and I and I would need to confirm what on the volume or what the 20 or if it's on per drink that they create a fee to to pump into that fund so that has several moving pieces but it's a wholesale tax versus a use tax or more like a sales tax from the uh the customer the the uh correct and and one of the potential issues is if it's a used Tax every time you have a point of sale that's the taxable incident so you have thousands of taxpayers at a wholesale level there's many less wholesalers a dozen 18 something like that so it's easier to track and collect at a wholesale level so that'll be something they'll have to decide what they want to do or maybe the vot it'll go to a vote um I also have a question about the the um the MRA and what um Albuquerque wants to do they want to have an eminent domain on the district mayor protim counselor that's correct they want to have the authority to utilize IM imminent domain within the boundaries of the district and what's the justification or the rationale for that do you know mayor Port timman counselor I wouldn't I will I'll speculate I can't tell you with with certainty but they did have a proposal for a property tax on vacant commercial buildings in downtown Albuquerque that didn't pass so an educated guess would be if you have property owners that you're not able to get to comply on certain things that would give them the authority um to utilize imminent domain if necessary um I'm not sure that that's their that that that's their reasoning but um that it it seems to make sense based on the the the ordinance they proposed okay and then I have a question about um the anti donation and septic tanks uh septic systems is the word that was on the U monitor here so what exactly does that mean and how it how would it be implemented do you know the implementation part mayor protim and counsel actually the actual implementation the way at least in concept we have it are proposing it is you give broad Authority at the state level saying local governments can can create a program to fund um utilities to private property owners essentially based almost like what you'd see in the Local Economic Development act that would give you as the city council the authority to create the criteria for the actual program so you could have criteria for who who it's available for funding sources if it's if it's an application process a grading process it would allow you to have that authority to create the program that fits best the needs of your community now but that doesn't include the hookup is that correct mayor protim and counselor it would you would have the ability the hookup it would be that it would be on private property so that's the difference that's the change you could use public dollars on private property if we're successful in passing the bill constitutionally you can do that now we just don't have the the enabling legislation to say go ahead and what enabling legislation would you need other than it would it would the legislation would just reiterate the the law or the whatever the state wants has approved mayor Pro and councilor Flores the way the Constitutional Amendment reads it'll it says you can utilize Public Funding for essential household Services if the legislature passes enabling legislation so that's the next step that's why we have to pass the bill right right because it's a constitutional issue correct and then um but how um well I mean you don't have a crystal ball but you definitely know a lot of people in municipalities and the legislators um how feasible is that going to be I mean I think a lot of people will argue that it's you know it falls under the purview of the anti-d donation Clause but um I I've advocated against that uh rationale because it's a health and safety issue and all citizens everyone I mean those septic tanks are going to deteriorate and it's overwhelmingly expensive to remove the septic tank to only have a septic tank re removed and then you know the the uh resident has to or the owner of the uh of the the structure then has to pay for the hookup and then but I think and then what about the the the uh lines that go up um along the property lines I mean I would would all of that be included mayor Pro Council Flores yes if we're able to pass the enabling legislation because this creates a new exemption to the anti-d donation Clause yes it's bad luck to say anything will be not anything less than difficult to pass it the legislature but the septic system problem here is an example that we used in testimony when they were advocating for the Constitutional Amendment so I don't think think they'll be surprised to hear about the problem and as of now we haven't heard of any opposition to to the concept of us allowing um for utilities to be an ex an exception to anti-d donation clause and then how how is the money going to be dispersed among the you know all of the municipalities in the state of New Mexico I imagine a lot of cities uh still rely on the septic septic tanks so is there going to be a huge allocation like Millions upon millions of dollars is there an allocation clause in that mayor protim and Council Flores no this bill wouldn't have any funding attached to it but what it would do is would would allow local governments to utilize whatever type of funding whether it's grants whether it's Federal money where it's whether it's local general fund and also in concept we're allowing to bond against it so if you had an ability to bond and you wanted to create a fund so every potential we're trying to make it as flexible as we can so that way you have as much flexibility to obtain funding for well great thank you so much Mr heran thank you councilor Graham thank you so much um just a quick question um and I'm thinking we'll probably invite our friends up for the Animal Welfare trust uh bill um I believe you said hb1 91 I think that's what I heard from coming on up thank you thank you counselor Stacy Sutton Kirby with the uh with animal protection voters yes it was House Bill 191 okay and I I just grabbed the draft from the from the earlier the session earlier this year are you looking at pretty similar language um kind of just reintroducing very similar language although there has been some discussion around which would be the agency or board or commission that would disperse the grant money um in the in the draft from last session it was Department of Finance but um going forward we're looking at some possible other entities uh that's with input from the author as well as legislative Council on what would make the most sense for dispersing the grant money okay thank you um and anyone interested in this I would definitely recommend looking over this because you know extra funding for shelters is good enough but this actually has really broad reach um into empowering um you know better mitigating threats to Public Safety um reports of animal cruelty so it goes far beyond what even I would just think of as a you know typical shelter support So mayor proem and counselor I would agree with your reading of the last draft from 2024 that the intent of the legislation is to be able to build out capacity not only by doing things such as um making money available for construction projects Renovations purchasing equipment but also empowering the shelters and the nonprofit partners that they work within their communities to do things like um Animal Wellness vaccination clinics chipping um education the kinds of things that help keep pets excuse me companion animals in their homes and keep them from coming into the shelter in the first place um as as well as possibly providing funding for training for animal services and Animal Control Officers all that wraparound um wonderful yeah all right well thank you so much and thanks for making the drive oh absolutely and I just want to say you have such a wonderful community of um constituents who showed up today in support of this and that really cheered us when we arrive because they raising the roof behind you all your folks in blue back there so hat off to L crusis and thank you for having us thank you so much thank you mayor prot thank you councelor Graham and thank you I hope you happen to be here on a good day as our next item is also about um Animal Welfare so I hope you stick around well that's what I heard that y'all have been working really hard on your local ordinance so go lost yeah I hope you stick around thank you um yes councel mclark I'm going to try not to get into the weeds and um I'll just preface with numbers is not my strong suit um was it about 30 million that our overall requests are uh thank you yes mayor proem and councelor McClure we have 11 projects $27 million potentially although as I mentioned some of them are still being uh developed nice I actually wrote down 27 but I was just giving it a wider Okay cool so typically do we do a do we expect a third to come through is that kind of what we hope for you know I I mention that was a big S Larry behind me sorry I mentioned that the last two years have been uh we've received about the same amount just under $112 million the asks between those two years varied widely though so we sort of came in at that same dollar amount but with very different total ask so I couldn't really um speak to a trend and I don't know if you could Larry thank you Barb um mayor protim council McLure it really depends and and one of the things it depends on is whether or not we get any of the Statewide funding through the governor's request so um and I don't I'm not going to remember the year but Governor Martinez had year of the water and we got a lot that year because we had a lot of projects that fit that and so part of The Artsy science of it is is trying to predict what that priority is going to be both for legislators and for the governor to try and tap into all that available funding and so that's why we that's really what when we're trying to come up with projects is to try and hit the trend from legislators what they like what the governor is indicating which can CH also change in the middle of the session what the governor wants to fund so we try and hit those the Highlight so that's why it's really hard to say I see the tap in there I appreciate that but I was also curious too how do you kind of make this the strategy because for for one hand sort of the septic thing with request is 1.6 with things being more expensive why aren't our asks more for some of these things mayor Port Tim and counselor the dollar amounts that the legislators have to fund even if their if their available funding is higher the request go up proportionally so typically if they have last year a sentiment out about 4 million they're going to get probably 100 million in requests um maybe 50 million and so is a House member so even if their number goes up everybody's ask goes up so so even though the the dollar amounts go up it it's really difficult to move the needle much for because they're trying everyone's competing for the same dollars and I would also sorry no go ahead U mayor and councilor mlar I would I would add that um you know last year we we did an analysis of all of our own legislators um expenditures or allocations of capital outlay and Larry's absolutely right you know when you look at the districts that they are serving they are they're looking at a wide geographical area and you many different kinds of needs in the The Districts and so yes we are we are competing with many other communities and local governments and I definitely saw as especially from the last session just because we would ask for more money doesn't mean we're necessarily getting it because of that um distribution of assets or or uh requests from the other communities as well I was going to ask if that's a sort of strategy thing to say we're going to be doing much more Regional say with the library bookmobile we're hitting a lot more people that might be something that they would look to more kindly um absolutely um mayor ptim and councelor McClure and that is that's some of the feedback we received directly from the legislators they are looking for regional um projects to S to support as you know they've been very supportive of Our Community of Hope um we we looked at some of our own um asks for example with the library that I mentioned that is a regional resource for our community um some of the the um police response vehicle request also serves the larger region um what we heard from the the legislators is yes they want to fund things in their districts but they want also things that have a regional impact so that that certainly was part of the consideration for developing the proposed priorities that we brought forward today okay last question maybe this is not a great term but can we double dip so if you have like the governor supports something and gives funding can grow money then support that in the same way too could the legislator then work together with across put that together I guess so the the types of yes mayor proam and councilor McClure um we could potentially as you said double dip for example last year um for the our Amador um Crossing project we got funds both from the governor and for the legislators for that the grow money is a little bit different in that the typically what we're talking about is capital outlay so we're looking at larger capital projects the growth funds uh can can fund um um now especially studies or smaller equipment it may not be Capital but it could certainly be complimentary and one thing that we're considering for example and and Larry recommended we add to the grow list was that for example the uh police drone program that's complementary to the capital outlay that we are requesting for the real-time crime Center that includes drone pods on on facilities in order to uh to make that program uh work better so yes we do do we do try to look for some complimentary programs along with the capital outlay requests okay thank you that's it that's all I had thank you councelor McClair Council Maz did you have a question who answer thank okay great I have some questions and then I'll get back to you counc Flores um again thanks to the three of you um Barbara since you're here I'll just start from the beginning um just one quick thing around the active Transportation plan are you able to get us some of the projects that have been funded with those allocations from the past I think that makes us better Advocates when we go up there to talk about this is the impact you've had already and this is what can continue to happen I'm I'm familiar with those projects um May potim that is such a great request and question because that is something that we've been working towards and one some of the feedback we were got we got from the legislators this year is they would like to have an annual report and so what we are working towards is a December report so that we can look at the funds that were previously received and get some some more detail um about how those funds were used and what the community impact was for that fund funding and that way you all will be able to have that as well to speak to that when you advocate for especially ongoing um projects so does that answer your question yes absolutely Barbara thank you so much and then on on some of the projects I caught that I think there was just two projects I didn't write the other one but I know one of them for sure was the realtime crime Center which um you had that the only funding source left to cover would have been about um 800,000 and so I'm wondering why we don't just include that in the ask especially since the governor has made public safety a priority yes thank you may Po and you know um what we brought forward for you today is definitely still um in development we want to provide an idea of the scope of the project the dollars and we can certainly make adjustments going forward and certainly with your guidance what we really want to do today is just find out are we on the right track with the kinds of uh projects that we're proposing for Capital outlay because what we need to do is now turn it around into a resolution for you all uh to consider at your December 2nd meeting we use that resolution so so that we can then um uh provide the state through their portal with our list of of projects and the the capital outlay requests so we can absolutely make adjustments to those requests and and and this go around as we've been developing these numbers for you we're sort of it's sort of coming to light for us as well where we have big gaps where we have small gaps and we can certainly make adjustments to that requested amount yeah great I can't remember the other one but it had like six remaining but since this one is on a priority list I think it would just be good to try to get it all funded um so I think that'd be great great than you um Larry I think this one's for you since we're talking about these priorities since 2018 with this current Administration Las crusis has not fared well uh when it comes to the governor's portal what suggestions do you have that we can break through um with some of these requests mayor Pro Tim it's what we're doing which is and it's where we were successful last year if if I remember right we got money for a real-time crime Center and Edward Crossing from the governor so we for the first time for the and so we figured out what the priority was going to be and we had projects ready for that not only we do that we had good advocacy from mayor counsel and staff for those project during the session so it was kind of the kind of the you know we hit all three of the of the hyp points that's what that's what you have the trick is hitting the right projects for the right priorities like like street lights and lighting is on here because during the public safety Summit the governor talked about lighting in communities um realtime crime Center's back um you see water back that's because that's what we're trying to do and and the fact and when coming up meeting with the governor's staff a couple of sessions ago meeting with the governor it all makes a difference and the the advocacy has been much more active the past several years um with Council and staff it's been very good and I think that's why we've been successful so I think that's what we just need to we need to keep hitting on and and when you all came to Santa Fe the messaging was good and the meetings were very good and so I think that's what we just need to continue okay thank you Larry I I appreciate that affirmation I think you're right that we are on the on the right track and then just so I'm clear on the Ia updates um for either of you honestly I think I just really I I know that historically it's been really difficult to advocate for IA because it's almost almost automatically feels like what are you trying to hide though what you presented here today Christine was really reasonable in terms of the the heaviness that that ITA has and so you're Larry you mentioned that this is a initiative being undertaken by other city clerks the municipal league and then you even said um the Press Corp mayor protim uh Municipal league has met both with New Mexico foundation for over open government and the New Mexico press Association ass and and I'll and to answer your question the difference is I think and and I had a good discussion with AJ 40 who's the executive director of the municipal League what theyve trying to do is find common ground with the open government Advocates meaning IA being available for the public and for the Press is in their view what the intent of IO was not necessarily the monetization and commercialization of information and so by finding common ground with them they're much more likely to reach a compromise because that's usually where where it becomes difficult is fog foundation for open government in particular are are very zealous at um Protectors of open records and so finding common ground versus being adversarial to them I think is what um will be helpful thank you Larry and then just lastly I wanted to say big Kudos on the anti-d donation legislation I I was wondering how that was going to work if we were going to go up there with the Los cruus Pacific piece of legislation and how strange that would be but this sort of broader legislation to allow other local governments um I think is important if there's anything I can do in reaching out to other colleagues and other City councils please let me know and that way we can Advocate together I think that would be really important and then um just also thank you Natalie for the housing priorities the initiatives that you mentioned I think codifying some of those pieces is going to be really important and I look forward to hearing from you again soon Larry on more of the the specific pieces of legislation that are making their way through so thank you all right um councelor Florida did you still have a question U yes I always have questions I can be here all day but um so thank you Madame chair um and Larry thank you again for um providing all this information for us um so there's the rainy day fund the general fund how much money is in there I know it's billions but how many I don't Tim and Council Flores I the general fund budget last year and I'm trying to it's somewhere between 10.6 and 11.1 but that was for outgoing expenses what the legislature has done is there's several now permanent funds early childhood education fund the rainy day fund which I forget the proper name passed by representative Larry laaga that triggers once oil prices reach a certain level has I think over three billion there's different funds now because what they've done to protect those revenues we've gotten in the last couple years is they've created a lot of pockets like that so they're they're putting money away for future downturn so there's not just one rainy day fund anymore there's a lot there's a lot um are any of those funds being invested somewhere I mean where it could really grow and then we could have have it dispersed to our rainy day people here in here in the state of New Mexico mayor Pro councel yes they're all they're all invested in one form or another so they're generating revenue for instance the the S sax Permanent Fund where Capital outlay would come from if they didn't have cash every year that we have Capital outlay it's based upon the return on that Permanent Fund and issuing on bonds as it relates to it so that is typically the structure the legislature creates it's invested and then they'll utilize some of the growth and the revenue from those funds so the animal protection fund if it starts at 30 million the idea being the 30 million Corpus then grows and so the available funding over the in the out years becomes more for that that dedicated purpose of the fund so is there any analysis as to what a perspective ly uh These funds could earn over a certain and you know given all the ups and downs and all that sort of stuff of the market mayor ptim councelor there is and that's provided through the legislative finance committee I don't know it off the top of my head but their committee um and then then their staff does the analysis on the budget then they also have a consensus Revenue Budget Group which which is made up of legislative finance committee Taxation and Revenue Department and Department of Finance Administration and so they all collaborate also on not just budget projections but also then they have knowledge of what the funds are doing the projections for those funds Larry in your estimation and if you don't want to answer don't but um but I'm going to hold you to it now um I I just don't maybe because I'm not a multi I'm not even a multi-millionaire much less a multi-billionaire um but it just seems that there's just so so much there's billions of dollars and those billions of dollars must be generating more billions so why I know uh with all due respect to Senator uh it's good thing I don't remember her name um with all due respect she said no we don't want to pierce that we don't want to in any way uh you know draw the money out but it would be interesting to see what all the asks are of the legislature from the different municipalities and entities here in New Mexico to see how much money would have to be dispersed to meet those asks and those needs more than asks it's like we're not asking for you know a multi-million doll movie theater something like that um has anybody ever done something like that you know a good mathematician or someone who really knows the market do you know mayor Pro Tim and counselor what what has been happening in the past few sessions especially since we've had this excess Revenue the municipal league in particular has been working on those type of efforts efforts they and also um also the administration so roads they've been funding a lot of road projects that have been unfunded in the past a couple years ago we did airports they're looking at Water Systems and water projects for local governments this year what is that need and is there a mechanism for using some of these funds to fund those to your overall question about the billions that are that are socked away what's still in the mind of some legislators although there aren't as many left to remember it but as recently as 2016 the state budget um they they had a 05% reserve and we had to cut Medicaid K through2 education they cut funding to local governments so even though we are in a real high spot here and even as recently as 2020 after covid the price of oil went to $50 a barrel and so we see these giant swings so they're reluctant to spend the cash um and that's why they've created a lot of these funds for the future so that way if we hit another downturn they can fund both basic state government and continue to fund some of these these Capital priorities versus spending the cash and then not being able to fund the the you know the essential functions that they see of state government and there's been since 2009 there's been three gigantic swings like that that we've endured so there's a little bit of of of budget shortfall PTSD amongst leg lators thank you thank you thank you mam any other questions great thank you the four of you I will do two minutes per person if there is public comment that uh folks want to make on this specific item um actually can you raise your hands if you if anybody wants to speak about this wonderful okay oh come on up please don't forget to state your name hi Clint Packer executive director Animal Service Center msia Valley I just want to state that we are in favor of the animal welfare trust fund uh letter of recommendation or support was sent to them with our letterhead so I just ask that the city do the same thank you thank you CL oh come on come on up Loreno good afternoon Loreno Alva for the record I just want to remind you that you kind of set presidents last year by showing up over there so I hope that we see all of you over there again because it made a big impact on our community and how many millions of dollars we were able to bring in if you don't show up and don't allow staff to show up nothing happens but yall were there y'all showed up at the governors you showed up at the meetings I saw you in the roundhouse I saw a lot of you in the roundhouse and that made a huge impact on our community I think that's how it should have been for a long time but I think if all of you guys are there and allowing the administration to do their thing uh pretty good at what they do but also the department heads I make a huge impact on actually getting the facts to the legislators and really making an impact on showing them exactly what we're doing with the funding and how we're spending it I intend to be there a lot hopefully I'll run into you guys and we'll be able to do this work together but let's do it let's go get this let's go get the money let's go get it uh this community deserves it uh what we're trying to do at the Community of Hope is huge it's a lot bigger than all of us it's not easy for everybody to understand what we're trying to accomplish there but just come visit come spend some time with us remember that it's not uh just our around house that we're serving there we're serving low-income families there at Cas Perros that's our largest demographic and what we're doing now in that building should be evidence that we're actually doing the good things with the money now 20% growth year-over-year on what we're doing that's showing you that we can do something special with that money so let's go do this together and I I look forward to seeing all of you guys if you guys want a tag team a legislator with me let me know I'm really good at advocacy and God's given me that that uh gift so thank you so much thanks Lord Ando okay no one else we okay what if you're want to speak what why don't you go ahead and come on down and make a line in the little pathway here yeah there we go I'm Stephen Jones um and um I'd like to uh thank the council um for um ENT retaining uh uh funding for the library and Library Services um believe that libraries bring communities together um and um um it's long overdue that uh that we uh um that we address the library and Library Services um the bridge gra gaps between um our differing communities and uh bring a critical resource to every person in L crues so thank you thank you Mr Jones okay that will be it and thank you all so much again for that great great presentation and we will move on to 3.2 Animal Care and Control Ordinance and Brad Douglas our City attorney will present go ahead BR all right thank you mayor protm uh good afternoon mayor protm and uh Council uh Brad Douglas from the legal department um now some of you may be asking yourselves why Brad uh that's a pretty good question uh so just to give a little background on this this is something that a lot of our community Advocates and partners have been asking be addressed for a couple of years now and also uh LCPD and and Animal Control uh as well have been working together for some proposed revisions to chapter 7 of our municipal code and at some point uh I was asked to come and so I agreed and U just very candidly uh looked at what was being proposed by some of our Advocates and partners and what was being suggested by our internal staff through LCPD and animal control and uh I think what I did is I made nobody happy because I went through their proposals and I said know you you can't do that let's strike that that's not constitutional let's you know let's add this um and so I I view my role as to uh kind of take any proposed revisions and make them quote unquote legal and also to bridge the gap between PD I see Lieutenant weedz here she's been really instrumental throughout this process along with Gino Jimenez our Animal Control supervisor uh and so bridge the gap between uh the proposed revisions and um and our governing body you all uh to empower you all to um just give feedback that's that's what I want this to be is I want this to be more of a conversation between um all of us and so without any further Ado let's get started and so some some key revisions that uh that I've seen fit to address uh are regarding clarification of care and maintenance requirements for companion animals uh what we think of as pets uh but more comprehensive uh protections for those companion animals within the city of Las Cruses uh there is a proposal um and I imagine this will probably get a lot of discussion there's a proposal for mandatory spay and neuter requirements within the city I know that some of you on the dis uh support that proposal and some of you you rightfully so have some concerns about what that might mean for some of our uh human residents within the city of Las crusis particularly uh lower income persons who would be subject to this if it were adopted by Council and so if the mandatory spay and neuter provision were to be adopted uh there is a list of possible exemptions for qualifying companion animals uh for example if there is a an animal a companion animal that would otherwise be subjected to mandatory spay and neuter if the owner or caretaker of that animal has uh a note from a licensed veterinarian saying no uh spaying or neutering this animal would be dangerous to the animal's overall health and well-being well then uh that Companion Animal could qualify for an exemption uh likewise if it is a ble service animal it would be qualified for an exemption if it's training to become a u oh I'm going to get the this term wrong but uh to train uh or to maintain livestock a companion animal like that livestock dog guard dog thank you counselor Graham then it would be potentially uh qualified for an exemption if it's um well I'll stop St there but there there are a number of potential exemptions if Council wanted to pursue those um another thing that that uh we looked at and this this goes to just overall Animal Health well-being and safety within the city uh is whether or not there should be restrictions on tethering a companion animal uh with the possibility of eliminating the practice alog together if that's council's will and so what is animal tethering it's just what it sounds like uh Companion Animal uh being Tethered to either a stationary object or or through use of a uh Trolley system uh and so I know that this is something that Lieutenant weeda cares deeply about and I'm going to rely on my my subject matter experts over here um but studies do show that if if an animal is Tethered for long periods of time uh many times those those companion animals they become aggressive uh it's not good for their overall health and well-being uh and also there have sadly been times and I've talked to Dino and Lieutenant weeda about this where it's a uh it's a strangulation threat and so some of those some of those animals die that way um and so that's for your consideration whether we might want to eliminate that practice Al together or place restrictions and limitations on the practice uh I think I'm down to number five point number five we've tried to include more comprehensive prohibitions on abuse neglect and abandonment within the city and I think that we've been successful at doing that at least within our draft number six uh something that we looked at uh the practice of devocalization of a companion animal uh under the current draft that would be rendered illegal and punishable by law um the research that that we've done shows that there really is no uh legitimate reason to devize your animal uh and so that would be eliminated under the proposed current draft uh declawing of certain companion animals of course one thinks of cats uh would be much more limited um for example if there is a letter or a note from a licensed veterinarian stating that the procedure would be appropriate if the procedure would promote the General Health and well-being of the animal uh for some therapeutic purpose well then it might be allowed under the proposed draft but uh simply declawing your companion animal because you don't want to get scratched uh that would not be allowed under the proposed revisions uh mayor protm I managed to sneak in the word robust into the next uh Point she always tells me that I use that word too much and of course she's right uh so more robust enforcement of prohibition of animal fighting and possession of uh paraphernalia related to animal fighting would be included number nine is is significant uh because it's being proposed that irresponsible pet owners convicted two or more times or actually that should say more than two times violating this chapter in a calendar year may be prohibited from pet ownership uh for a prescribed time period another potential key revision is if mandatory spay and neuter uh is ordained residents May apply for intact animal permits pursuant to qualifying criteria and we talked about some of those possible exceptions earlier I do think it's important to note that uh if an intact animal permit uh is issued that animal would also be subject to the uh microchip requirement the thought crossed my mind uh and the reason I bring that up is the thought crossed my mind the other day well what if an intact animal uh somehow Finds Its way to the ascmv and and and there is an exemption for that animal well uh in order to qualify for an intact animal permit you would need to have the microchip as well and so we wouldn't be wrongfully spaying or neutering an animal that would otherwise be exempt if that makes sense uh there were some revisions or proposed revisions rather to the community cat and Community cat caretaker standards uh this next one is important number 12 uh Las crusis Municipal Corp would have more clearly defined Authority regarding dangerous dog and potentially dangerous dog designations with the authority to enforce handling and registration requirements so as we stand here right now the Las cruus Municipal Court does have the authority to make those designations with regard to dangerous dogs or potentially dangerous dogs assuming that uh the city has met its evidentiary requirement but something that I've heard over the past couple of years is our our judges and the Municipal Court saying well Brad we don't feel like our current Municipal Code really gives us the authority to impose any sort of sanction if someone does not abide by the registration and handling requirements of for example a potentially dangerous dog um in this draft uh that's been cleaned up and then lastly there are some clarified re Reclamation requirements uh for ascmv and that this this list is not exhaustive uh but I do feel like it is uh it hits a lot of the high points of the proposed changes and so the overall goal is to achieve a more comprehensive Municipal Code that prevents animal suffering within the city improves Public Health welfare and safety and address should be addresses over population concerns to empower Animal Control Officers in their duties to remove ambiguity and confusing language where possible uh to reduce unnecessary euthanasia within the city and to identify appropriate exceptions or exemptions for mandatory spay and neuter if that were to pass so what are some factors to consider well uh as best I've identified I do think it's important to note that mandatory spay and neuter requirements have been held to be constitutional in New Mexico that's a question that has come up it has been adjudicated in Albuquerque um another factor to consider is uh the goal should be to avoid criminalizing otherwise responsible pet owners who may be unable to afford uh mandatory spay and neuter procedures uh so the city of Las Cruses has allocated $80,000 to assist with spay neuter expenses for individuals who may qualify based on their income levels uh and so shout out to counselor Corin I believe that she was very instrumental uh and getting that to come to pass and so that is you know uh an option that we could utilize in the future of course we cannot necessarily bind future governing bodies to uh an annual output for that for that requirement um another factor to consider is whether or not there's an availability of qualified veterinarian professionals to perform spay and neuter within the city um it's my understanding that we are attempting or rather ascmv is attempting uh to fill some of that need as I've already uh discussed whether or not there should be a complete prohibition on the tethering of companion animals versus significant limitations on the practice uh if a big if mandatory spay and neuter were to be adopted uh I would recommend that the requirement have delayed enforcement for for example 12 to 18 months or any other time period is deemed appropriate by city council uh would also recommend that if that comes to pass there be an initial period of Community Education and Outreach uh rather than enforcement right away something that our working group has has discussed is uh what this would look like if that requirement were codified uh and Gino can correct me if I'm wrong but I don't believe that animal control um has the resources to go around knocking on doors asking to inspect everyone's Companion Animal to see if it's been spayed and neutered uh what we envisioned is uh this would be something that takes place at the impoundment phase so something to consider uh whether fees collected pursuant to this chapter should be remitted to the general fund or redirected to the as CMV that was a question that's come up before this body before frankly above my pay grade to to make a recommendation on that um but but really I think that it all boils down to the very last bullet point here striking the balance between protecting vulnerable animals should Rec companion animals well all animals I suppose and upholding Public Safety while not penalizing uh lower income owners and as I stated when I first got here uh I would I would just like to have a conversation with you all and see what your concerns are what you would like to see and like iess we're only at a work session but I I think it's important to empower councel through through comment and that's what we're here for thank you so much Brad thank you yes councelor Corin thank you thank you Brad and thanks to uh Lieutenant weeda and Gino and the Animal Advocates that I know worked on this for a very long time and have been having these conversations and thanks for waiting into this to this Venture um I think I shared a lot of those and I feel like you brought a lot of my my concerns to to the four which is I I think we have we are against capacity in a number of spaces and I think we have to build in things to address those capacity related issues that is spay and neuter capacity we have like three or four tools that we can use that we're using to varying degrees of ability that I think we need to put more effort into and that's partly why I believe the delayed enforcement is important the educational period of it that which would allow people to would allow perhaps us to expand that capacity in a number of ways more meaningfully um but I also think to me I really want to know that I mean we're on the ascmv board we know that uh most animals that go to the ascmv which the city funds um are come from Animal Control right and so there that that capacity there is strained there are too many animals going in which is fundamentally the issue right like that's why we don't want any more animals to be born um that's why mandatory span neuter is a question of our budget I would argue um because right now we're subsidizing spay and neuters on the back end of animals going into asmv so like where where are we paying for this but I do want to not create a situation that leads to higher rates of impoundment to the Animal Services Center taking animals away from people who otherwise would care for their animals and that's why even the tethering conversation I think is a really tough one because uh animals getting loose out of people's yards is a huge problem and those folks aren't necessarily bad pet owners patently I I don't think and so I think for me I am really glad we're having this conversation and I think we can keep having this conversation but for me those are the things that I see as measures and I want us to protect against that is punishing low-income home homeowners who can't or pet owners sorry who can't afford this or you know it's an eight-week at best eight-week $300 venture to get one animal in the market spayed or neutered probably um so that's a very that's a capacity issue right that's something that we it's incumbent on us to address if we're going to compel people to do that and then also making sure that we're not creating a situation where we're increasing the population going to the animals ascmv uh inadvertently because we've written something into our ordinances that leads to animals being removed from homes that otherwise would would be able to care for them so for me those are the two big big things that I think are achievable in this conversation and I think just having this conversation and even saying we value spaying and neutering and I would argue microchipping should be a very similar thing like we should be microchipping just the same as we um because only about 15% right Gino of all the animals that that they pick up have microchips so um we don't even know who they belong to to get them to spay or neuter so I guess for me I think having this conversation now thinking about updating our ordinance and the conversations that would happen in the educational period would and us making a concerted effort to fund span neuter in the various ways that we can try to um for me those are the things that I'm concerned about in this and I feel like this draft does a really good job of addressing some of those things so so I just want to speak to my desire for this to be about building capacity and not creating capacity issues in the community and or at our shelter so those are the two values that I really hope we can make sure come through in this in this conversation and I feel like you all have done a really good job of trying to get to that space so thank you to you and everyone who has been working on this really hard and and so um I would like to hear more I'm curious to hear what other folks are saying and what folks are thinking but but I really appreciate you all working on this thank you councelor Corin thanks Brad uh yes councelor Flores uh thank you and and thank you uh City attorney Brad Douglas um first of all I just want to say I'm happy to see that there's a balance here I've been active with the animals um you know this committee uh for what was for about seven years and um we rid the thing you know the whole thing about how many members should be there and uh Becky Graham stepped up so that was wonderful um so we have these two on the board um these two the two Becky and um but I know that um I know that the um the uh Community who is in report who these are all animal lovers and uh we spent a lot of time reviewing uh reviewing the uh what was it the statutes or the requirements and uh you know we spent a lot of time talking about what constitutes a bird a chicken and horses and you know all that sort of stuff but we're F focusing only now on uh pets is that correct or is it going to be a total revamp U mayor proam uh councelor Flores what I think that this this proposed draft does is it is a comprehensive overhaul which does not mean that all of our existing code is is going to away away I don't necessarily want that but I do think that uh the majority of the provisions uh would apply to companion animals but it is not solely for for companion animals so is this going to be a revision within the statutes we have now uh yes counselor so um on page seven can you go back to page seven Mr Douglas uh no I cannot you cannot what the Huda hang on there we go okay this is uh where I get Dazed and Confused um in paragraph two or the second you know bullet point um it is recommended that the requirement have delayed enforcement I.E 12 hyen 18 months or any other time period as deemed appropriate by Council so it meant this is kind of ambiguous to me because um is the 12 to 18 months from the time they an owner gets a dog or is it 12 to 18 months in terms of the um the age of of the pet and I'll tell you why because uh my son um had a beautiful or yeah she's still around um Sheba Inu and actually he had the uh mint pin miniature pincher his roommate had a beautiful um uh uh Sheba in you and um my son kept telling his roommate to get her spade and he said no she's too young she's only you know only a few months old Al and behold um she uh my my son's dog Dexter um made love to her and uh they produced One baby and I have that baby now um but the point though is that she was only 6 months old and um so that's that's the part that I find uh you know have delayed enforcement and who's enforcement against I mean how well I I don't know how we can supervise this I mean sure it's not what well no well but it's 12 to 18 months of what so when pass we start okay well then so this is this language here is not part of the the new uh provisions of no counselor statute um but it but it can be what I was well then that really scares me if it's ambiguous that's that's my fault what I what I meant to say here was that if a if the city of Las crus is meaning you all uh eventually adopt a mandatory spay and neuter policy that no enforcement of that mandatory spay and neuter ordinance be enforced for a time period uh as identified by by you all and I would recommend uh in the interim whatever that time period is if it were to pass that uh LCPD and Animal Control uh engage in community outreach and education okay I think we're going to have a lot of puppies running around but thank you and counselor just to just to clarify a little the proposed um in this draft and like I said it's a draft it's not set in stone uh for good reason um and I'm going off of my memory but I believe the recommended age for uh for for example uh a feline a cat as uh five months or more which I believe comports with most national standards and recommendations for smaller breeds of canines I believe that it's four possibly 5 months or older and then for larger breeds of dogs so as not to stunt growth I I believe that it would be nine months or older is the current recommendation thank you any other folks on the council yes Council matis right I I was just going to ask you if if we can get passing this uh pretty quickly correct if if we're pleased with the overdraft and in the overhaul uh and then you want 12 months or 18 months where the Departments will educate and and get the word out about the new law correct mayor protm councelor matis that's what I would recommend um you know whenever there's whenever there's a legislative change that could have uh uh wide reaching effect like this uh not always but usually I prefer um sort of a phased in approach or or delayed implementation so that uh we can do our due diligence and educate the members of our community with regard to what their new responsibilities might be okay and then going back to whyu so with this uh planned education who will be in charge of that and do you have any idea of the planning and what will what how it will be implemented with veterinarians uh Citywide uh web social media ped owners is there a plan already in in in force that's going to be immediately used as we approve this uh councelor matis with regard to who would engage in education and Outreach I think that probably most appropriately uh LCPD and or well it's an and uh animal control our our subject matter experts our boots on the ground the people that it would affect the most i' of course I'd be happy to volunteer my services to help in any way that I can but as far as an educational campaign um I think that it would be most appropriately up to animal control Andor PD do we have any idea we have any words on on the plan that anybody want to speak speak for we have concepts of a plan counselor matis far too soon Brad it's far too soon go ahead Lieutenant con I'm ready to listen to Concepts Lieutenant Joy weeda mayor proem councelor matis I yes I would agree with Brad here that we have uh conceptualized the whole process however nothing has been sort of written in stone so to speak um I think first and foremost we want to see if the ordinance is actually passed to come up with a final draft and then take our next steps from there but this is why we are highly suggesting that we do have an educational process um similar to any other ordinances that have changed within the city um we need to get the education out to the people whether that be through social media but a lot of the time it can even be through um projects on foot in other words going into the neighborhoods and addressing the neighborhoods that we see could potentially be um possibly more of a concern regarding this area that maybe they don't have spade and neutered animals and making sure that we're educating individuals when it will be implemented and when it will take place uh no I like that idea and that's working with the neighborhood associations would be ideal you know my my first month on the job I I had to go after a a pack of a pack of dogs you know that had been roaming and killing uh cats and over there on good sheeper and Union drive and you know was five or six dogs and it took a couple of I think it took maybe four or five weeks to address that and so I think that's very important that we work in the neighborhoods because that's where I get most of my calls from you know we have one neighbor that his dog has been Loos now uh 13 times you know so I I think the overhaul for this ordinance and and getting it passed is very important to the to the resident so thank you all I want to thank you and legal department and animal control and the police department for getting this on on on the books as quick as possible thank you we appreciate that sir and just along those lines yes we could potentially even use more of our stratified policing models and looking at the statistics as far as where those stray animals like you mentioned are coming from so thank you anyone else I have a question I'm going to go and then I'm going to bring it back to you okay oh yes of course thanks Brad and thanks to all of you for getting us here I know it's been long long time coming I personally think that I can get behind most of this um I have pretty serious concerns about mandatory spay neuter policies and I'll tell you why one of the biggest things is that I think we can do that kind programming without mandatory Spade neuter we can do the kind of prog the educational programming that we're talking about without using the criminal justice system to try to get to our goal the other thing I will say is that in all my research consistently I find animal advocacy organizations speaking out against mandatory policy a the ASPCA against mandatory policy the best friends against it um the national animal interest alliance against it um I found this other one the no kill movement against it the uh veter the American Veterinary Medical Association against it the data consistently shows that mandatory policies do not work and in fact have disproportionate impacts on poor people so I feel like a little bit Deja Vu Brad that I'm sitting here in front of you again again saying this policy has a unintended intended consequence on disproportionately poor folks and we can think about more Creative Solutions than just going through municipal court and then just giving poor folks another ticket and before we hopefully in the future get rid of uh the $100 failure to appear warrant that is just a debtor's court so it is like these kinds of policies are not have not shown the evidence to say that they are actually reducing the number of animals on the street like the goal these kinds of mandatory policies are not getting us to where we want to so let's look at things that are um otherwise I think I can get behind most of this and I I will look more into the tether uh piece but honestly I I struggle with that because that's how I got my my dog my little baby Santo was uh tethered for a very long time in this man's home and um that's how he he came to the shelter um before we adopted him and so I I again I feel like I can get behind the majority of this uh proposal um but I will not be able to support a mandatory spay neuter and I just need to say that right now because I think it's um I think it will have perhaps an opposite impact and I think that we can even with the tether piece or the loose piece um you know and I'm throwing a curveball here a little bit but the source of income discrimination ordinance we passed last year A couple of years ago codes and housing policy approach that policy with landlords in a very educational Manner and not a punitive manner because we know that that's actually what is most effective in getting people to comply with new policies is through education and not punitive measures so I will stand strongly uh by that and hope that we can come to a um positive and civil um meeting agreement place on this because that's just not something that I that I can support at this moment but everything else I think um that I'm able to thank you mayor proam that actually is helpful input I appreciate it thank you um any other we won't I yeah we'll take I'll take public comment in a little bit I just wanted to ask a question uh we're not done with the council comments yet go ahead thank you well I I'm not sure I'm U after hearing mayor proem about uh the downside of mandatory spay neuter I'm not sure I'm behind it however um anyway but um so has the organiz well it's kind of like it's not really an organization the animal uh Service Center or excuse me the uh anyway um has there been any effort to U form a 501c3 to fund uh the Spain neuter um the spaying and neutering of animals does is anybody here in the organization that could speak to that counselor I can't speak to that right now with regard to a 501c3 formed by Advocates uh as I stated earlier councelor Corin was instrumental in getting the 80,00 appropriation uh for SNAP recipients and that should be to fund uh either free or reduced cost uh spay and neuter I think that's a great thing of course um whether or not it's sufficient well it's it's not sufficient because sorry that sounded really harsh counselor Corin that's not what I meant um it's a great it's a great move forward but of course um the funding need is is probably an excess of that is is what I wanted to say yeah yeah well um unless there's a fund that's going to um pay for that the the spaying and the neutering I I don't yeah it's going to be hard on a lot of people um so yeah anyway thank you Brad thank youc attorney okay any other members of the council okay wait till okay perfect councelor mlar okay so now I will take members of the public and we'll do two minutes um if you represent an organization and want to have one person come up that'd be wonderful um otherwise we'll do two minutes per person and please don't forget to state your name Kathy Stark with animal advocate for change crazy cat l childless um mayor proam City councelor I wanted to address the points that you raised with the national organizations if you dig into those studies what they are saying and what we have been saying all along is that you need to remove the barriers for those low income people which is number one phas it in number two there has to be some funding and there is 880,000 and we thank you for that um we have a very generous Community um we've got some rescues here that will tell you they'll put up six dogs on next door and say I need $75 a piece for spay neuter VX and within 24 to 48 hours they've got it so the whole goal of the phase in period is to number one build that capacity and we've presented some ideas in the past of how we can do that number two look at the funding um look at the vacant position at the ascmv because they're doing an extraordinary job the other thing that you need to understand is state law and our current ordinance states that when you reclaim an animal from the ascmv you either get a you get it Spade neutered or get a voucher and have it done or you get an intact permit so it's really nothing different there we've talked with animal control the intent is not to go into the community and say oh that dog's looks like it's intact you got to get a you got to get spayed neutered or here's a citation it's to connect those people to the resource programs that we're trying to build to eliminate the the provisions which the National Organization say yeah if you don't do this it's a barrier and it pen penalizes people that shouldn't be penalized so we've tried to build that into the whole thing thank you anyone [Applause] else Jerry Wheelis Animal Advocates for change just to dovetail on what Kathy said um I think if you read the studies closely that uh mayor proam cited you'll notice again that it was not that that mandatory spending does not work it it does not work if it's not funded if you have if you expect low income people to pay for it themselves yeah it's not going to work city has to back these programs with funding and that was what the bottom line of the studies stated too but mandatory spay neutering does lower intake at shelters it does obviously lower population controls there are many many benefits to it must be neuter and I think if you thoroughly read the studies and we can also provide you with other ones and the uh proposed ordinance you will also come to that conclusion thanks others yeah please come on down and make a line please hi my name is Stuart David uh I'm a newbie I've been here about six months I worked on I didn't expect to talk today I worked on similar ordinances when I lived in rural North Carolina and uh a little quick note on tethering is when I did a deep dive on some research there on anti-tethering laws I really expected to see that they were from California or Massachusetts or from really liberal areas if you take a look it's the opposite they were from Mostly the rural Deep South and they were almost always in response to somebody getting maimed or killed by a chain dog and uh it was you know it was usually a uh happened after the fact and it's really a public health issue too because dogs that are chained are so antisocial kids get in a yard they get mauled and then they pass a law so I just wanted to bring that up uh but what I really want to talk about was uh spay neuter uh again we passed similar ordinances in Mur North Carolina bunkham and then later in Asheville and uh mandatory is a scary word I know it is and we saw that word too but first place this isn't mandatory because a you can get an intact animal person and B nobody's going door too it's only if there's a problem with the animal and see you can have a letter from a veterinarian too so you know don't let mandatory scare you uh and also the people that came up here uh traveled up here from or down here I'm sorry from Santa Fe uh you seem to all nod and support this $30 million for Sheltering for animal welfare and I hope you do I think that's a great deal but I'd also like to point out that in the end we really want less Sheltering that's what we want is less money for Sheltering and if we get behind span neuter uh you know that's going to be our outcome and you saw the dogs the dog Jesse that dog uh and Jesse said he likes to chase his tail and unless you do spay neuter and really do it aggressively you're just chasing your tail that's the way we're going to do it thank you thank you I just want to clear up many perhaps miscommunication I believe in spay neuter I'm not saying that I don't believe in spay neuter programs okay great okay come on down uh mayor proam city council thank you for this time my name is Jim Wilcox um let me tell you a story um about Tony Tony's loves to run in the park and he he likes to run up and scare children and and engage in casual sex and so he's running around because Tony is a six-year-old uh uh dog and he's part Setter part lab and so he's been doing this for a number of years and now Tony has about six little puppies that he's fathered he's not paying any puppy support and there's out there running around and now it's been so long some of those puppies have grown up and they're doing the same thing there's now 22 descendants of Tony and Tony gets out you know his his owners they try they they block up so you can see the bricks are put up and he still figures out a way to get out so when you take care of the problem at this stage you remove the problem for the future and one of the things that I think is important to understand is how many chances do we give somebody to take care of the problem before we say we've given you enough chances and if it's two if if two times is you know not enough maybe it's three times or X number of times in a c certain amount of a period of time but something needs to be done we sh shouldn't be held uh hands hands you know we should our hand should not be held tied because there's some potential problems when you're passing legislation don't make it so hard that it's so strict restrictive you don't do anything because as as a an adage is that uh it's better to do something than to plan many things that you never do thank you any other folks want to speak on this come on up Clint Clint AER executive director Animal Service Center uh for the mandatory spay neuter we are the ascmv is in favor of the ordinance however we are very concerned about the compliance uh of this ordinance so the ordinance change how are people going to be compliance when we ourselves ascmv is we are backlogged for surgeries ourselves we cannot we have a veterinarian sausage nationally it's not Regional it's a national issue uh we have a veterinarian or we cannot fail this veterinarian position that we have the so My worry is that is of compliance uh the next one that I'm worried about is something that was said earlier about the ASC or it will be upon enforcement will be upon impound that means the animals are at the ascmv we have no jurisdiction to enforce any ordinance we're not an enforcing agency so that will have to fall back on animal control and some way or another uh to be clear on that I don't I don't want anything extra for our staff to be have to do for that part uh and then the next one is there is also an issue with Community cats that are in this ordinance where it still has a river a River Ordinance that says it can't be a feral or Community cat cannot be released within a half mile of the city of the river and that's an issue for us we there takes a lot of resources to relocate a cat it's not taking it to another place and just releasing it it is a resource burden uh experience or issue that is very difficult to complete so again we are in favor but we're worried about the of who the who what when why and how basically so thank you thanks Clint um certainly don't want to put any pressure on on our animal protection voters uh visitors but if there's any feedback you'd want to provide that'd be great um oh great okay and then I'll come back to you in the front thank you mayor proam and counselors I take your point U mayor proam that the national organizations do have uh full please state your name I'm so sorry we'll start again yes uh Stacy Sutton Kirby Animal Protection voters thank you so much for um asking uh for us to weigh in first of all I want to say that um the national organizations do take a different perspective than state level organizations and um local government city city council members and um that's because at the national level they're not um operating shelters and operating Animal Control I would agree with the folks who have stepped up to the mic to say that taking the balanced approach of a having um a grace period an educational uh window um phasing in an ordinance as well as providing um resources to people so that they can come into Appliance is what we've seen what I've seen in um my experience as an advocate that's where you get the best results the point is not to give people tickets to um make it um unaffordable for someone to have a companion animal and certainly not to um cause a situation where an animal would be relinquished to the shelter because a person couldn't come into compliance so the communities where we've seen it work the best are where folks come together um it's sounds like there's already $80,000 in snap a um a Spain neuter action um program um and planning out that timeline with those resources and getting that educational campaign out there that's where we have seen it work the best thank you for your feedback come on [Applause] up hi I'm sherline I'm the director of Animal spaces rescue here in town and I just want to say that the lack of this is causing such a pressure on those of us who spend our lives trying to help these animals we're not paid it's our money um we have probably four rescues who have worked together on getting dogs up to T SE to Dr Alid who's wonderful vet by the way to get spay neutered we've done between the four of us I know we've done well over 500 a year your span neuter program here in town has done a thousand in the last year that they reported so we're equally working on that to the best of our ability I my experience has not been that people don't want to spay a neuter their pet my experience has been they can't afford it so I I understand that but when given an option that's affordable and doable and they can have help with it we get very little push back I have had maybe three people who just we had one let us pay all the females but didn't want its males paid that I think was a cultural thing on his side but in general we go talk to some of the we've done several hoarding cases with the County Animal Control where we've gone in we've fixed them we've chipped them we've gotten them their shots we've taken the puppies and got them out of state my rescue one of our big initiatives is to get most of these animals out of here completely I go all the way to Delaware and Connecticut and Wyoming I've been all over the place to take animals because they don't have puppies there because they have spay and neuter I don't like the word mandatory because it's not 100% and they can tell you that I like comprehensive instead thank [Applause] you okay oh yes one more person Diane Starbuck for the record I am with Animal Advocates for change I'd like to address Clint ther's concern about there not being enough veterinarians here or that he feels that the whole thing is going to be put on the the animal shelter um that's not true we have uh spoke to six local vets who are willing to do weekend clinics here uh there is a mash organization willing to come down to Las crusis and do 200 animals a weekend and there has been um interest within the state of other vets coming down to Los Cruses to help us out also so I think this could all be worked out the resources are here if you look for them the resources are here and yet it's logistic and financial but I feel those issues could be worked out thank you thank [Applause] you okay anybody else I urge you to come down now or forever hold your peace thank you my name is Sarah Smith I support spay and neuter as well U but I as well am concerned about the word mandatory and about criminalization around this particular issue if enforcement is only happening through Animal Control I think you're going to have a very low number of people who are jumping up to say I want to go get my pet spayed or neutered if you use education if people knew how many animals were dying in the shelter regularly I think that would help people understand the problem better and if there was a way for you to do free spay neuter or even offer an incentive I don't know if you could do $50 on your utility bill you would have people lining up to say we want to get our animals spay and neutered instead of trying to use the force of Law and going through this other path which really to me doesn't seem like you're going to get very many people who are wanting to do that um if you're just trying to rely on Animal Control so i' am hoping that you guys guys can maybe look at some of those other approaches this is one of the few times probably that counselor bomo and I are on the same page but I have some serious concerns over using criminalization Petty misdemeanors potential for fines potential for jail time along with this I don't think that that quite makes sense in the context of this so I'm hoping that you can find something that's maybe a little bit more nuanced than going that direction thank you please don't forget to state your name my name is Brenda Browning and my first time at a council meeting my first time speaking in public in this town um I have another point that I would like everyone to consider we're talking about tethering consider a senior alone in a house she has her favorite pet she's not rich enough to own own the house it's a landlord's house she doesn't have a fence the dog needs to go outside needs to go potty may or may not be willing to use a potty pad because trust me they don't like it the obvious simple solution is a small tether near the back door she can clip it on she doesn't have to take that step down into the yard that may be a risk to her health and safety she can tether her dog dog allow it out for 15 20 minutes and bring it back in if you mandate no tethering she has to give up her dog she has to live alone I want you to consider it thank you ma'am Brad do you want to touch on the tethering piece for for clarification for her sure uh mayor protim counsel um with regard to the tethering the the way that the proposal is written now would allow for very limited tethering uh tethering wouldn't be eliminated uh altogether I believe uh under the proposed language tethering would be allowed for up to one hour a day thank you Brad thank you okay please state your name Mary Rodriguez Community member um thank you for allowing me to speak everyone um I want to talk about both the tethering issue and the Spain Neer mandatory word uh first on the tethering I had a deaf dog um and I'm a huge animal Advocate have been my whole life and um I had this deaf dog but I lived in a rural community where I didn't have uh there was no fences and so um when I let him out and I walked him he got plenty of exercise but when I let let him out I put him on a trolley and unfortunately he would run to the end of it and he messed up his neck and I've always felt horrible about that because it's my fault that he did that and so that's my lesson on te tethering so um and then as far as the spay neuter goes you've all probably heard I did come from a city in California where Spa where madatory span neuter had been in effect since the '90s and what that looks like after a long period of time and nobody thinks about people who don't spay a neuter as criminals ever that's just that's just not what we do it's just that it's when something is is considered the right thing to do they just do it it's like when you put a new stop sign in people aren't going to run it they're just going to eventually do it and so uh the education piece is is totally relevant and if but I just feel like I need to say it's it's it works I we watched we watched uh the shelters go from like 400 like here we have 400 dogs there in the county has the same amount of people and their full shelter is like 40 dogs because there's not having puppies and kittens left and right and there aren't stray animals running around um and I mean I had notes on from next door of all the ridiculous things that I see there because there's just too many animals in this community that's all thank thank you Mary okay last last person ma'am are you also speaking in okay oh my goodness okay she'll be the last last last one okay my name is Susan Richardson and I'm really new to this cause and I just want to say I this is my first council meeting usually I'm at County meetings because that's where I live out in the county and all the work that has been put in by everyone on this subject is is just phenomenal to me because for the longest time I've been here since 1984 and for the longest time I look at the numbers that are coming out of the animal shelter and from even from August to September to October and they just keep growing and growing and growing and and listening to the people that work on the with this on a daily basis okay there's not enough manpower there's not enough resources there's not enough money there's not enough there's not education um so I really want you to support these efforts and these bills because we got to start somewhere and yes we have state laws and we have this and we have that but I feel like now we're honing in and revising them and updating them and making sure that there aren't any loopholes but one thing I didn't hear today was was the fact that in some of these cases that have been videotaped um there's a big discrepancy when people are viewing them from what The Rescuers see versus what animal animal control sees so in the future I would like to to have and you know delve into into the procedures for animal control and what what constitutes uh animal abuse because there was an 18mon old dog a year and a half and she looked like she was N9 or 10 and she had to be wheeled out of animal control um not Animal Control out of the the shelter in in a in a wagon and she looks like she was 10 years old and she was only 18 months thank you ma'am your time's up thanks [Applause] hello Council thank you for listening to me I was not expecting to get up here and say anything but it please state your name oh I'm sorry April Nasi April k911 Academy and what nobody is bringing aware is we've had three human deaths and an arm amputation in the last three years our dog bite numbers have increased by 200% the Animal Service Center is adopting out aggressive dogs known biters I've had clients that have gotten them and they're not I don't believe they're educating them well enough but not saying that's bad on them our dogs nowadays are highly sensitive you and I grew up where you could throw a pot lid on the ground and the dogs go hey what is that nowadays you drop a pot Li and they're like oh my God it almost hate me our dogs are highly sensitive and then our people killed themselves how many people killed themselves during covid we've been fearmonger and who feels our their energy the dogs feel the people's energy they react I specialize in aggressive behaviors I specialize now in energy work to help not only the dog but the person and it's education I have so many people that come to me that they don't know that those little behaviors that the dog's doing is a Telltale sign that if they don't stop it and give the dog perimeters it's going to get worse okay and so I just wanted to let everybody know this I haven't been here in two years I did give them the um the veterinary Association they do have a pamphlet well it's a thick book and they've had all the lawyers they've had all the veterinarians teach communities how to lower dog bite numbers and I gave it to this Council two years ago don't know what happened to it um one of the council members gandera I believe said she wanted to hear about my program because I do a free Workshop once a month to teach people how to interact with their aggressive dog and how to interact with that dog with other dogs and people because dogs are afraid of dogs people and if you're really unlucky both okay because they're highly sensitive and um she set up a meeting with lieutenant mataya and she listened to me for an hour says I wear Three Hats we don't have the time place or anything but I'm willing to teach I've been doing this for over 18 years so I can help some way thank you very much thank you I do just want can I just say one thing and then I'll pass it to you I just do want to clarify that I think it's important that we are very clear about this kind of ordinance because I heard a couple folks say it's not about ticketing you're not making people criminals however the section of under penalty says any person who violates a provision of this ordinance shall be deemed guilty of a crime thus giving someone a criminal record so I do I don't want us to be naive about what this ordinance is and what uh and what these kind of penalties can bring to someone when they are very much about disproportionately uh putting poor folks through the criminal uh justice system okay yes councelor Graham thanks um just wanted to take a moment to share I appreciate mayor PRM you kind of sharing where you are in the moment and I wanted to do the same how I see this um this is my third year on Council almost done um and I feel like this is the issue that has simultaneously the most passion and the most inertia um and I think that we and I am as guilty of this as anyone and it's such a cliche too where you sacrifice progress for perfect no ordinances are perfect no plans are perfect um and at the end of the day it all comes down to people um one thing before I forget Lieutenant weeda one thing I will be interested to hear is exactly what mayor protm was speaking to and that is your discretion in your role as a law enforcement officer um I understand the concern that you have is completely true and completely real um and I do want to hear what discretion Law Enforcement Officers would have should we pass this ordinance in terms of you know does it have to be automatically know that's it it's a fine it's jail it's whatever so just kind of hold do you want to say something now or I mean I putting you on the spot now okay awesome thank you where I see this as an opportunity and I'm looking at that 12 to 18 months because there's a little screen here on the side of the podium too that I'm looking at we have should this ordinance pass we have 12 to 18 months for Education we have 12 to 18 months to get funding in order we have 12 to 18 months to finally find an umbrella for all of of you sitting in here today and all of the hundreds of other people who are not here today but who have the passion and are probably not here today because they're just doing the work um I see this as an opportunity for the city to finally step up and create create the space where we can all work together toward a common goal um and it's just one of those things I I've just finally reached the point where we're not going to do anything unless we do something and that's kind of where I am right now Lieutenant weeda that was it I would love to hear from you if you have anything or awesome thank you lieutenant WEA mayor proam councelor Graham I agree with you uh I do believe that in action is not the way to go and that we do need to take action on an ordinance I think we've heard an overwhelming concern today in reference to whether we classify that spay and neuter as mandatory I think that's probably what needs to be addressed the most um I think with that um what studies you go to you will discover that it isn't going to be an education component there does have to be obviously the veterinary services within the area as well and so again my thought is that it's not simple as passing an ordinance it also takes action on a much larger scale to include potentially even some budget funding with that again what are the next steps what are you asking me no I'm just kidding just kidding there again this is one of those things where we've proposed this ordinance um it's in draft status obviously as in draft status it can change but like any other I think larger concern within our community it's going to take more than just the ordinance thank you so much thank you anyone else go ahead just real quickly because I know we've been here for a while but I just want to thank you guys very much for coming out and showing your support for this I just want to say that over my time almost a year that it's been people who have made change to a large extent it's us up here but it's people who are working together that affect change and I just want to thank you guys for coming that's all thanks Brad any last words just go ahead Council Flores I have to say I want to thank all of you here um some faces in fact uh Jerry Willis I didn't recognize you you cut your hair you dyed it it's like you've lost your personality no but um people in the in the audience have been here um the whole time and then Kathy Stark who's a real you know go-getter but um I really want to thank all of you and G uh for your tenacity your perseverance and I think I hope that uh will I hope we really do reach a resolution on this issue and uh but most of all I just want to thank all of you for for doing this for the community and for our animals that we love so much thank you thank you um yeah thank you for mentioning that I mean I think we don't have to agree on every single line in here for me to feel deeply deeply grateful for the advocacy that you all do so thank you very much Brad anything else else mayor proam uh Council uh I think this was a helpful exercise I I understand um I was going to say I understand most of the I understand all of the concerns that have been voiced from this dis today uh I do and we will continue uh working progress is not always linear sometimes it's a little C you know C it's a circuit that's the word um and uh we will we will keep working and uh thank you all for your time and attention uh I'd like to thank LCPD and animal control and our community Advocates and Community Partners as well thank you thanks Brad and that'll be it for today can I get a motion to adjourn uh so moved second Graham thank you this is on the motion to adjourn the work session councelor McClure yes councelor matis yes councelor Graham yes councelor cran is absent councelor FLOTUS yes mayor protm yes and the mayor is absent e e