Plus the operators are not going to call +911. Please keep the 300 ft Bus for all residential dwellings. Thank you for your time. Thank you. Good afternoon protest and counselors. My name is Julie Fell. I'm a concerned citizen Mom and I live in the East Mesa area. My hope today is to just let you know that I would like you to not lift the buffer zone. Um I am sure that if you were to talk to the residents Alum Picacho Avenue, East West Bank Austria Avenue, they would actually ask you not to lift the buffer zone. Um I want to make it clear that I am not against cannabis industry. They have a right to have business here in Las Cruces. Um but when the council was debating and legalizing cannabis in 2021, there was a promise made by this body to restrict and regulate this industry. I'm sure you remember that. If you remove the buffer zone, you will renege on that Promise and Las Cruces will have dispensaries, clustering and spreading and all spaces of the city. This is not regulation. Thiis n restriction. I really appreciated Mayor Pro temp concern about the youth. I am concerned that other counselors here who did not mention that whatsoever, and you even mentioned that some of your, uh constituents said that they were concerned. And yet you'll vote anyway. I wanted to, um, say that. Karen you mentioned about the nicotine if you recall at that time nicotine a took years and lawsuits beforehat product was labeled as harmful. Um we're going to see a marijuana. Eventually that product will be labeled as harmful. This is not about what Councilor Bencomo said as she suggested a stigma. Or that there were trying to do a prohibition against, um cannabis. Not at all. It is really a legitimate concern about the saturation of lost Cruces becoming apart town. This is not what we have as a vision for our city. This is not what we want for our city. I asked you Would not, um, I asked industry to continue. Thank you. Please come up. Thank you. Good afternoon. My name is Ali Foul. I'm 16 years old and a student in Centennial High School and a former student at Medford High School. I was in the kitchen with my mom asked me what I thought about these cannabis buffer zones. I couldn't believe that m elected officials are not only allowing, but encouraging drug use and our city. I'd like to bring attention on how this affects our youth. So I decided to do my own research. And I found that it was true. So I'm here to say that I've had first hand experiences with kids younger than me who flunked out of school went to rehab and or spend hundreds of dollars on an industry that you are permitting. And you may be thinking that dispensaries don't affect my notes. And I'm here to tell you that that's false. Someone that I was close to who is 15? Was able to buy weed without being I did because she looks of age. She was 15 and she became a regular at the dispensary. She was buying weed for herself and her friends, and this is only one way that minors obtaining part and other harder substances. I could go into story after story about people my age that are using hof Torah substances that causing hallucinations or dangerous trips or ones like nicotine that you could buy at a gas station that you could end up with an eating disorder or lung cancer. May I approach him? I would really like to appreciate what you said about the youth and I, It saddens me that no one else mentioned that. But more of you mentioned the decrease of sales that clusters would cause instead of mentioning the teens, Thank you. I don't know if I needed to make this up or this will work are there you can raise the podium, Scott. All right. Just make sure you spend thank you.My name is Scott crawling. Um I am the director of public engagement for high horse cannabis company. I wanted to add And I'm a daily Canada's consumer. Um, I started my day to day with cannabis this morning. Um, I'm. Basically I guess have cannabis in my system right now. I will have it. When I go home. I'll use it tonight before I go to sleep. Um There's a lot of people out there like me. And I guess I want to come in. And, um And thank you for being leaders and hearing people like me. I don't. Um I don't. I do care which way that you choose to vote, But I understand Um, if you've got concerns, and you would like to see these buffers stay in place, um, because you said that you said that you set a great example for the tone of this conversation. And I want you to know that I want you to hear that from from someone like me, Um Because we wouldn't have You know, even folks that are opposed to what I believe in, Um, stand here and say I support the medical use of cannabis. That's a big that's a big accomplishment. I feel like that's a big accomplishment. Even when, when people that disagree with me and disagree with the idea that I think that cannabis businesses should have , um, the ability to thrive but that they understand the medical value is a big is a big change. And that's because of leadership and people like you. And so thank you for that. The only thing that I'll add is that all cannabis use has medicinal value. Whether I'm doing it with my friends after this meeting. Probably will or I'm at home by myself. My body has been benefiting from the medicinal use of cannabis. And so think about that, too. Thanks. Thank you, Scott. Now we've completed this ideas. One more. Okayome on out. Come on, that are coming on this side. Britain want to speak at public comment. Please make your way to the front. Okay Thank you. Good afternoon, Councilor members and pro time Can you hear me? You might want to. Can you raise it up just a bit. It's a It's a button on the side. It is all the way up. Okay You're yes. Good genes, anyway. Just icon has is. We heard we've heard it. Cannabis is a cash business. And any cash business is like, But what kind of Enterprise. Um what kind of enterprise is a cast cast business. What kind of enterprises are cash business? They're all Crime. Any kind of cash business is involved in crime. Because they don't want to leave any kind of, um Electronic trip electronic trail can Show the mind monetization of their business. So I my point is that if you're talking about a cash business, we're talking about crime and criminals. And that's what I have to say. Thank you. Thank you, okay. Thank you for being patients, Lambert, You can put the to the side there. You can lower the podium is a button on the side. Maybe hammer . Dr Pitts can help it. There you go. ank u. Good afternoon. My name is Josie Leonard and I'm in Councilor gun daughters. Um area. Um and I live in the historic Mesquita neighborhood and our area would be affected by if you remove the buffer zones. I Really pray you don't do not do this. Um, if that is done Just right across the street from me, and potentially can be a cannabis location. You had to remember. It's not just an industry. It's people the historic neighborhood will be really harmed. Um we have many elderly people in the neighborhood. And I myself in retired from the university after 27 years and I am home a lot, and I have smelled cannabis already in my homes from a nearby location, Cannabislotiont the Mesquita area would be become something like Macia. We need a range of businesses, not just one certain types. A lot of businesses have moved out of the Mesquita neighborhood because of the pandemic or crime. But we were hoping to bring back a variety of business. I worked at the university with students in career services for 27 years, and they never said theyante to work in the cannabis industry . They wanted opportunities for buried. Businesses. And my research online shows that Albuquerque and Santa Fe or maintaining the 300 buffer zone , and I think they did that for a reason. And I think Las Cruces ought to follow that. Ah The other thing is that you need more noticed, too. I'm sorry. Your time is up. If you can. If you have a letter or havdone that all of you have. Yes, ma'am . I did receive it. Emails. Thank you. Uh good. Good afternoon or good morning. Whatever it is, I sympathize with you guys having to listen to all of us. I disagree with most of what I've heard so far. I gotta tell you, I come at this from a very different angle. State. Your name, sir. Thank you . Probably uh, was enjoying marijuana before all but one of you was born. Um and I was doing so an integrated groups, which were greatly frowned upon in society at that time, so I'm sympathetic. To what you're saying about the history Councilor current, But I don't see this as being about that. I see it from point of view of somebody who has a builds business across the street. There's also a bar by that keeps me awake at night and sometimes m songry. I want to go up to mayor, Ms Miyagishima. Neighborhood and play boombox loud so he can see what it feels like. But this is you're talking about a business you're talking about people amusing themselves , which is great playing music, which is great. Um Been doing. You know whatever they're doing and not driving very well afterward, which is not so great because they might bang into my car. And I'll tell you a bit of history from aold iend. When he was a kid in New York. He lived near a bar, and he and the other kids made a quarter. A few quarters most nights sexually servicing the drunks coming out of the bars. Um I think without meaning to attack anybody. It was really absurd. Awhile ago to here as an argument for doing away with his own that you're going to keep it for schools because you've it's shown to have a bad effect on kids. I find kids in most residences. Thank you. Thank you anybody else? Please make your way down. If you would please speaking second, wrong. Yeah. There you go. Please come. Good afternoon , councilor and mayor. Pro temp . My name is Nicole Jordans, and I am the brand advocate for high horse. And before I start my comment, I would like to address well. There were several Topsthg public comment that stood out to me due to mis education and misinformation in our community , but one that I would like to address is vernacular vernacular is crucial in order to destigmatize cannabis and cannabis users, And with that, I would like to say that Comments continue to be brought up that. Are not actually related to what we're talking about today, which is the 300 FT buffer. The legal industry emerges, keeping policy decisions based on fals inf that makes good people feel ashamed. For their choice of alternative medicine is detrimental to setting the example to the rest of the state as we have, I believe. The existing policy is not preventing dispensaries from opening. The only impact this policy is having is delays and additional costs for small businesses to realize their dreams. This is an existing policy is also wasteful of staff resources. Eliminating the buffer will free up time on City Council's agenda to address and stay focused on issues ttacallyy negatively, such as fentanyl. The UN housed population and property crime. These are issues that all deserve our resources and attention. Finally the legal cannabis industry will make our communities safer. Supporting our efforts to legitimize our industry is investing in making our communities safer. Thank you. Thank you. Anybody else on this side? Good afternoon Mayor Pro TEM and City Council members. Although it is not pleased your name and make sure that you speak directly into the mic, and there you go. My name is Dominic Otero and I'm employed with high horse cannabis company. Although it is not the general topic of discussion today, there have been false claims in power meetings regarding cannabis retail outlets and grow farms negatively impacting our youth, according to the CDC and the Youth Youth Risk Behavior survey in 2021 16% of high school students claim to have used marijuana that is icomparison to a total of roughly 26% in 2011. The total usage of marijuana. Marijuana amongst the youth has decreased about 10% since the legalization of recreational marijuana, which began in Colorado and Washington are good, 2012. According to the National Library of Medicine Research. They performed a study investigating whether adolescent substance use disorder treatment . Admissions for marijuana use increased in Colorado and Washington following the recreational legalization of cannabis. Overall statesn th analysis, the rate of the youth marijuana usage declined significantly over the study period, with the mean rate falling nearly in half Declining emissions rate was greater in Colorado and Washington, compared to non recreational cannabis legalization states. The adolescent treatment. Admissions for marijuana use did not increase in Colorado or Washington following the legalization. According to the National Institute of Health, and I quote Educational Attainment, as indicated by both years of education and level of education has a consistent inverse relationshipith drug use, as opposed to withholding information from our youth. The best way to Decline the abuse of the substance among the youth is to educate and educate on all properties of cannabis. Thank you. Thank you. Hello My name is Josh McCurdy. I'm a partner in the high horse Cannabis company, And I would just like to talk about the buffers and, you know, have a free market right now. I've been in the medical program for over 10 years and the price is right now today or the best I've ever seen for our medical patients of all sorts, and not all. Not all dispensaries focus on the medical side of it. But for our patients to have access like that, and allowing all of it, you're allowed us to do the 24 hours, and we've had patients coming at two or three in the morning with insomnia and be able to give them relief is a miracle thing to us and especially myself. Um I wanted to mention the stigma having a medical card. Nobody should have to fear having a medical card or what people think of them because they have medical cannabis and the right to use that. As medicine. Um and just the free competition. I'm a big fan of it, and just the free market to let it open and let us see where we're at and the consumers and the patients when at this, not everybody is going to survive. It's part of the capitalism and the best will survive with the best methods and the prices and stuff and The patients ultimately win. Thank you. Thank you. Before we go any further. A mayor is onlinend I made a motion to allow him to participate. So moved by Flores sh motion made by Councilor Flores Second Abeyta. Second made by a beta Christine. This is an emotion to allow the mayor to participate. Telephonically Councilor Abeyta. Yes Councilor Graham? Yes. Councilor Bencomo. Yes. Korean waters. Yes Pro TEM yes and Mayor. Okay son. Adrian. Thank you. Yes There you go. There he is. Okay? Yes we can hear you. Mayor Christine just called the road. He's your whether we want to participate or not. Here. We know Hello. We hear you, America Can you hear us? Mayor. Absent for now, and then when he gets back on, he's already voted in. Thank you. Okay Yes, please. Yes. Yes, we can hear you, Mac. Yeah, I can hear you. Okay, Christine. Healthier good. And I said hello. Peter Goodman High, he said. Hi, okay. We just need your vote. Yeah Okay. Thank you . Okay please. Whoever is next, sir. Yes, all dancer he's next year. Go ahead. Plus Cruces. Uh you need to get it. Council member Conrad out in half. Speaking. Cruces has certainly welcome the cannabis industry, as witnessed by, Let's just stay , did you Well, it's Conrad Hawk. You did that, sir. Plus, Cruces has certainly welcome the cannabis industry with open arms as witnessed by the number of outlets currently in place. But we do need to step back and recognize that marijuana is still a controlled substance as designated by the federal government. Just this cigarette Smoking was endorsed in the 19 fifties and beyond as a relaxing experience. Later this became associated with lung cancer. Similarly Vaping introduced as a safe substitute that also can jeopardize the recent respiratory system. So medical use notwithstanding. Uoresn physiological and psychological effects due to long term use of marijuana are yet to be fully understood. Given these concerns. And potentially unintended consequences. Should we not protect our community and proceed with caution by maintaining or extending the current buffer zones? Essentially air on the on the safe side. Thank you. Thank you. Hello Counselors. Mayor Pro TEM . My name is Derek Pacheco for the record. Um I think you all for continuing this conversation. This is an important conversation that is actually putting us on the map and the forefront of innovation when it comes to cannabis and how we deal with it in our neighborhoods. I just want to remind the public that this resolution amendment has come forth by staff members. Dr Pitts and crew have been busy wasting time. Having to direct Folks to pay NZ meetings where every single vote besides, one has been approved. This is simply to save time and resources of the community Development Department. The rhetoric that I've heard has no real force on this conversation could because it is the same. Old school rhetoric that we are trying to get past. We don't need to hear these comments. This is simply about what has been brought forth by staff members. In addition due to complex and advance talks with counselors such as Councilor, Florida's here I've taken that to heart and actually have invited Dr Peter Grinspoon. Of Harvard fame. And cannabis fame to come speak with folks. At my licensed cannabis facility. To try to put some of these misnomers to rest. Because education is important. And I want you to note That Peter Goodman just spoke. On cannabis and being pro cannabis and being a long time young person user. I want to remind folks that he is a municipal court judge. And he smokes dope. Thank you. Next. Hello. Mayor, Pro temp and Council, right? My name is Sebastian swap is, um, the general manager at Oregon Mountain Cannabis. And I'm a medicinal cannabis advocate. I think this meeting was a perfect setup for what I'm trying to say , because we've already seen a couple of Uh, False statements like the last time this was voted. By the Council. All seven of the members weren't there to vote on it by the committee, and I'm the business that's actually being affected by the business that's trying to open up right next door to ours with the amount of businesses opening, we're definitely seeing The market flush itself out, but I think far too often we put capitalism first, and we've seen it over and over again with pharmaceutical companies and the alcohol industry and even the fast food industry that greedy called politicians constantly take precedence over public health. And this constantly happens to the point where 20 years later, we're gonna have to turn around and fix it. And I've heard Constantly from a bunch of people in the industry lawyers from other states that That Commend New Mexico on the way we've rolled out cannabis legislation over here, but I feel like this here was set up to help protect the market here, and it's slowly breaking it apart. We've already seen in Albuquerque, human trafficking victims that are a part of these illegal dispensaries that are coming in and taking advantage the dispensaries that can't compete. It's no longer equality Game. It's a capital game here. And if you don't have the capital to compete against people like Darren White and. Oh man, Kristin Thompson. She used to be the director that CCD. She's one of ultra health mean lawyers, and now she's one of weeds, head spokespersons, and we just public consulting these people over here on the laws they're making now, and I just see it falling apart slowly, was surely thank you. Anybody else onhis side? Thank you, Mayor Pro TEM Gandara and City counselors. My name is Sarah Smith. As a mother. I'm here today to ask you to maintain the 300 ft buffer. My concerns about removal of the cannabis buffer are not related to my own Children. My husband and I are raising our own teens to know better than to get involved with drugs, but I'm worried about the many other Children in this community who won't have those same advantage those whose parents are not as involved and who are already at risk. These are the kids who will be most likely to suffer the negative impacts if you remove the buffer. I was not opposed to cannabis legalization. I know that cannabis has important medical uses. Nonetheless I implore you to prioritize the health and well being of Children growing up here instead of only the needs of the emerging cannabis industry. There are already many dispensaries here in the city. And here. We just had a retailer telling you that's not going to be helpful to him to remove the buffer. It's going tourt eir business. If you remove the 300 ft buffer, he will be putting Las Cruces Children at risk. Public health studies have shown that as more cannabis retailers move into an area, more Children are likely to have substance abuse issues, and they're more likely to start using drugs at younger ages. The more the Children see cannabis in their community, the less risky they believe it to be, and so more of them will use it. Cannabis is not harmless, especially for Children. Studies in the Journal of the American Medical Association have found that adolescent brain development is hindered by the use of cannabis. I have sent you these references. If there are too many dispensaries in Los Cruces, they're going to be more Children here who will end up abusing drugs and suffering from impaired brain function. They're going to have problems with attention and memory. These issues do not go away. When they stop using cannabis. You will have directly harmed these Children through your policies, and these Children will not be allowed to thrive and succeed. Instead of removing the 300 ft buffer. I'm calling on you to extend the same protection to multi family areas as well so that these protections will be in place f all Children, regardless of status. Thank you. Thank you. Good evening. My name is Elizabeth Ortega. And. I'm not gonna say a whole lot. Accept it . As a psychologist, I learned that cannabis creates canvases crevices in the brain. And it's a second Tropic drug does not healthy for you. And as a teacher, I learned that cannabis keeps your students out of class . It was really, really hard to get those students to class. They were always somewhere. Smoking their weed, and they didn't come to class. Simple Thank you. Thank you. Hi My name is Megan Bolter. I'm public Health law attorney and professor at the University of Denver School of Public Hlth and Health Policy. I'm also a resident and apparent here in Las Cruces. I came before this committee back in October and shared with you some density maps regarding the existing density in October 2022. I also provided a number of studies that indicated that proximity and density do matter. These buffer zones. They are not arbitrary. They are based in evidence based research in public health, and Professor Karen. I know that, you know, Well that, um your physical and social environment are also social determinant health, so I will not repeat those. But I do want to talk about the nature of these impact studies and what they're doing in terms of looking at financial impact alone. And I appreciate Doctor picks contribution, but simply that the analysis didn't notice or didn't think or didn't observe. An impact does not mean that they do not exist. And in the October meeting, we were told that a number of stakeholders would be involved as Gandara. You you mentioned or and forest about using public health professionals and retailers to develop point of sale retail policy that benefits both local retailers and the community at large, So I just want to name three more things there. It is not about use, possession or purchase marijuana is legal whether it's medical Or recreational. You should never have to have an explanation of why you use and what you use. That is your business. It's legal, and it's available and accessible. A 300 ft barrier is a reasonable regulation that does not eliminate your ability to access 24 hour service or drive through facilities. Some of my family members do, however. If you eliminate that buffer You do put a burden on homeowners that now don't have a choice of whether or not they stay or move based on those incoming retailers, And I'm not saying they would. All I'm saying is that consider this as a not A, um, animosity between the two. We can work together to develop better policy, but all stakeholders need to be heard. I did bring a letter from mountain view. Thank you. Memorial positions, give it to her clerk to read that because their commercial spaces are also being impacted. You. Okay? Anybody Council? Do you have any thing to say? I just want to say because I said I would, um There were another view that came up and suggested that this company doesn't care about kids and I want to be clear these people every day. Care tremendously about him. Are Mama's empties. Um um friends of and they care deeply about this. This is a very complex issue. I think most of us would agree here and Council that this isn't about whether we agree can should be legal or not. This is about a buffer and says specifically from my perspective. Um I continue to be concerned about youth consumption and density and again. I've askedur sff to work through that. It's unclear and really unfair to make a decision. Um over time when we clearly asked for experts to come To the table and have conversation and it hasn't occurred yet, so we have to rely on experts in community to speak to that. So with that, Um Christine, call the roll. Madam mar, uple of things. Okay first off. I'm happy to say I just got back from my last US Conference of Mayors meeting where I was part and we actually did pass the resolution. To the U. S conference of Mayors are going to send to Congress. Bill. Well we want them to put a bill through to not allow tobacco companies to sell mental two young kids, so I just wanted to point that out number 203 100 Ft . Of 300 FT Buffer is basically one football field.ll right. And so a lot of it is he got a lot of some homes don't have air conditioning, so they have their their windows open. They used fans. You know you you you if we were to remove that buffer, and you have all these people who might be after the and they're not supposed to, but they do anyway. Smoking cannabis and it just it just hurt the quality of life. Those residents who don't want to sell that and two it's gonna probably hear the property dies of the of the area that where these businesses are, and frankly, there's just too many businesses. If you they're not gonna they're not all gonna make it can almost assure you Then in the next five years, you're not going to see the number that are there because it's just there's just not enough. Business for them. And you just all going to be doing is that any more fuel to the fire? By allowing you know? Bye bye. Removing the buffer. So I really think that if it's not broke Leave it alone , and I'm obviously gonna Sport , keeping that three in your foot buffer, but I just wanted to thank you say now. Hi, everybody. And thanks for your patience, and then I was able to land safely and we're on our way home soon. Okay That's it. Thanks Thank you, Mayor to go. He's going to stay on the line to vote. Yes. Christine This is on the motion to approve ordinance 3037 Councilor Abeyta. No. Councilor ground. Yes Council. Bangkok. Yes Councilor crown. Yes Council flaws. No. No. Mayor. No. Motion fails. Thank you for everybody's patient. Now we are resolution number 23 1 32 Proof move to approve Graham. Second Abeyta, maybe. Second concert asked. Maybe you could do it very quietly. Reduce your speech because we are still meeting. Thank you. I'm going to be leaving so. We're gonna miss you. Ah Hmm. Been up since 4 30 or whatever. So little tired, but I'm glad I made it. Thank you, ma'am. Alright. Bye bye. Very badly. 0.2. No, sir. Are we ready? Point to Larry? I'm sorry Triglesoved to approve. We are. We already did it. Thank you, though. Go ahead, Larry. Good evening Mayor, Pro TEM member study Council Larry Nichols Community development The. Resolution to approve before you is the placement of a commemorative. Memorial and in location of Veterans Memorial part. They discussed the process , the person the policy and the president's memorials and parks settings. Memorial Park request procedure. The applicant normally sits, submits a written request to the Park Recreation Department. The park and Recreation Department reviews the request. From a design type and location request. If the location is in the Veterans Memorial Park. And the Veterans Advisory Board by ordinance has . Opportunity to review that request. It's the thing they're looking for is if the memorial request has significance or theme to a military event, a war We're a other events related to the theme of the park. Veterans Advisory Board, then makes recommendations of City Council. Who has the last decision on the memorial request. If approved, the applicant procures the memorial Park in recognition department installs. November the Gonzalez family requested the memorial to discuss and discuss with Park and recreation Department. They were given general information regarding the memorial request. And then the Gonzales is then met with park and recreation director. To request the park bench. And tree. On the January the 20/4 of the immortal Requests and Veterans Memorial Park. Was presented to the Veterans Advisory Board. And they discussed the whip My the Gonzalez family, the veteran's advisory board and the parking recreation. The department related to discuss related the memorial policy and guidelines. At that time. The Veterans of Ice report denied the request. For the Veterans Memorial Park guidelines as a complete to resolution 02002. On February 20/8. We began to prepare the veterans of Bison Boy recommendation. Traverse Cy Council on March the 10th There was an additional meeting with the study manager's office, the parking record Department, City Community Development Department and the Gonzalez family to discuss some memorial request type and location. At that meeting. The Gonzales is we're we're asking that a butterfly garden be considered for the memorial. The parking, recreation policy and precedence is were provided at that meeting. On March 20/8. The veteran's advisory boarding is on his family. Notified that were notified of the City Council meeting and the proposed hearing. On April 20/5 Veterans Advisor board held a regular meeting again Consider the request for updated Butterfly Garden proposal. The butter. The veteran's advisory board once again just goes to the amended memorial proposal. And then I the request to be located in the Veterans MemorialPark setting, citing resolution again, zero to 002. May 22nd study Council Harry and date was scheduled And then today, June the fifth. We have this item before the City Council to render a decision on the memorial request in Memorial Park. The memorial guidelines and policies by the parking Recreation Department or what they describe as a memorial tree and bench program. This is a precedent that has been used for morals and over 50 memorial settings and various parks within the city. That policy talks about Option one, a nutri suited for the local park. The second option is a bench placed in the local park. Or along a trail. And the third option is a custom bench with the name plaque placed In the park or along the trail. That decision alternatives for you today. Or to consider the Gonzalez family and memorial request. Or. To consider the park and recreation. Tree and bench memorial policy and program or thirdly, to vote on the veteran's advisory board recommendation. Your options would be a yes vote would to be approved the memorial request. A no vote would be to deny the memorial request. The ve to end would provide options for memorial type and location. Or the table would deny the decision on the request. And we have the memories from the veteran's advisory board. Here today to speak to the council as well as the Gonzalez family. I can't lose my presentations, Mr Nichols. Who's here from a Born. Can I ask you a question? Mayor Beauty CouncilorBencomo first. Okay, thank you just was under the impression that there was further discussion or more presentation. But of course incomes are Bencomo. Please do I was unclear about Number three. The veteran board recommendation and I went to use the restaurants. I don't know if I missed it, Larry, but I wasn't clear about that. I'm sorry, ma'am may approach him and Councilor Bencomo. Your question was there just their recommendation. The council you said there was three options for today. The la one number three. I was unclear about what that was. Sorry. I thought you meant slide three. No no, no. That this number three Can you explain? Number three is the number three is that the veteran's advisory board? Made recommendations to deny and that was a recommendation to City Council to consider. Thank you. Without your timing. Yes, Councilor is that Abeyta. Yeah. I am getting my glasses so I can see better. Thank you. Thank you, Mayor Pro TEM. And thank you, Mr Nichols. My question becomes on. The recommendation from the board did that come during Um, that January 20/4 meeting and that's or did they do a formal vote? Mayor Pro TEM Councilor Abeyta. That is correct. January 20/4 was it was a 10 0 vote at that meeting. Then that, um, does not look like a vote that would have been ableto be allowed under Obama. Is that correct? Because the request came during public participation. And so it was not an action item and eligible for a vote. That was that's correct . It should have been listed as an action item. Mayor Pro TEM and Councilor Abeyta. It should have been listed as an action item. So the option for Veterans of Bias Area board items should not be an option for us today, correct since it is not viable legal option. Christine. They're pro TEM Councilor Abeyta. Yeah, it should have been listed as an action item so I would disregard their option. Thank you. And this is a side note a few about a month ago, I requested training. Um for parliamentary procedure and omae. For Boards and everything. I think this is the reason why, um That is needed. So thank you. And thank you, Mr Nichols. Council. Thank you. Councilor Abeyta? Yes Cancer plot is thank you, Madam Chair and thank you, Mr Nichols . And my apologies for, um um for not being here for the presentation. But um, I have a question about, um The well. It's up for a vote right now. But we weren't at least maybe, um what The veterans have their own memorial, and they're opposed to what the city's proposg ithat correct? No my approach. Um and Councilor Flores, the veterans on board there they were basing their recommendation. Based on the resolution, 02002. Which says that the memorial show respond to the theme of the park, a military event or war. So does the memorial that is being proposed now inconsistent with that they pretended Councilor Flores. The memorial is being proposes an individual memorial for the Gonzalez family's daughter. Oh yes, And that's the one where the Gonzalez family is actually paying for it. Or contributing. I think Mr Gonzalez is right there. Can he speak to that? Of course. So Adrian and testicles all this So initlly, yes, we were talking about possibly having a butterfly garden, but it was discussed with both the veteran's advisory board and City Council that she was a military child. And one of the themes is a purple ribbon, which signifies military Children. Um we were willing to do whatever the city and the veteran's advisory board see fit. And then we found out that the veteran's advisory report Doesn't actually have Too much of a saying it. Their job is to propose everything to you all and you all are supposed to make the determination. Um so for them to vote on it, they didn't actually have that authority. In accordance with The city ordinance, which I read. That's my understanding as well. I just wanted to make sure that that had been fully explained. Yes ma'am, and we're still willing to contribute the entire cost. If that's what it needs to be, if it needs to be a shared memorial in honor of military of all military Children, because it's kind of Embarrassing that we have White Sands Missile range, Holloman Air Force Base and Fort Bliss in El Paso, Texas. We have this beautiful park and I don't think you guys throw a Military child event in April. And I don't think that's acceptable water. It was also the month that our daughter passed. Thank you. My condolences. Thank you, ma'am. Thank you, Mr Gonzales, nzal . Thank you, Larry. I'm going to say that this comes with deep respect. I'm a mom of it of a veteran. Um I understand, Um. He went to war. He came back. He has PTSD. And. I have some PTSD to as a family member, waiting, waiting and waiting to hear and feel like When I read everything , and honestly when Mr Gonzales came to us at public comment whiled ago several months ago, I believe to speak to this, um, must concerned Um and I want for our veteran board. I want to, uh I have it or inboard to really think about those people that include the partners and Children right that Um. Pay a huge debt, right waiting and the level of insecurity and concerned that they all have, while their loved one is to war . I don't believe that our park it. I think it should also include that and I say that with all respect, I know that there is concern about The level of. Teams that are out there the maybe disrespectful actions that we've had some. We've had some, um. Property crime a while ago and again. This doesn't mean any disrespect, but I would like for us to find a way to compromise and over time I have felt that there was a and I wasn't there. I don't believe there were notes in the packet because I've been reading like I said since last week, so I wanna I didn't see notes and I don't know if they formally through the board take notes, so I wasn't there to hear the back and forth, but it didn't feel like, um. The board was open to coming to a compromise and you really utilize such a. A difficult situation with the death of a child that happened there at the park that we could use that as a positive because I think and I'm not a person that has served in the military. But I think there are unfortunately Children who die at war. And so could we look at a way to honor our Children using this this this situation here and so, Larry, you were there, I think Or probably not. I don't know that you were there because I believe Mr Intricacies was the representative in the board. So can you talk a little bit about the process? And what? That If something like that, because I was confused. At first, I thought it was a park bench and, um You know a plaque , but then it moved into. I think a butterfly. I guess Butterfly park if you will, and I wasn't sure what that what the logic was behind that, although I think beautiful. I think it's great and I've had several people talk to me specifically about when is the city going to move into those sorts of options? Yes, Councilor being I mean, Mayor Pro TEM. Gandara I'll defer to Mr Gonzalez. If he'd like to speak, and then I'll answer a question for you. Appreciate it. Sorry Um, Originally it was a bench and a tree when the veteran's advisory board I was discussing it with us. They didn't want name plaque. So it was not going to be an identified memorial that was going to be a nameless memorial. So now that's why we changed it to If we can do Butterfly garden, even if it's fully funded by my family. Um. Mr Gonzalez, Let me if I can ask Larry. I'm sorry. I know how difficult this is and I, um. Like to ask a question. I do Wanna I do want to say I'm a bit concerned because I know that there is a fundraiser that realizing that happens where there's bricks that are sold that have names of numerous funders. What's the difference specifically? Lar. I mean, I know that this person said that they would fund it completely. So I just I just want to make sure that the parties understand completely that you know what your don't feel like They have been Some compromise here and I'm hoping that we can get to that place and that's what I like to suggest is recommended that we allow for that to happen there. Yes. My approach him Gandara. When it was was presented to the veterans advisory ports. The bathroom advisory board heard the request. From the consultants family. And each member. Of the veteran's advisory board expressed their condolences. And shared in the family's grief. All of us have done. The Veterans of Ivory Board was referring to the guidelines for monuments or memorials in the park that they are related. Not to an individual but to if an individual if he was a participant in the military history, events or war. And that was what they ended up basing their decision on But to answer the second portion of your of your comment. Is there something that could be done to recognize how. You know others for the memorial Park. That was the whole Basis for the memorial. The Letters Advisory Ward. Point of view was that the veterans Memorial Park is a designated a special use park. So it was the it was the location of that memorial. More than the memorial itself. That they were they offered, Lee suggested that can is always family if they possibly could consider An alternate location other than the Veterans Memorial Park. But that was did not want to be considered. And so that's what drove the process We would have . We would need to do this to do what you were suggesting. And that is to go back and change are the resolution. Review guidelines. The review guidelines. I have those here. The review guidelines for this resolution request that there is a description of the type design and location Maybe that's an opportunity to do what you're suggesting. Additionally the reasoningor t reqst to identify if it's a group or an individual. And then memorial is a relationship to the theme of the memorial part And then finally, the memorial day notice and every event, the military history we will need to change these guidelines. Thank you, Larry for the clarification. Appreciate that very much, Um. I would like women to change those guidelines. This is a ver special circumstance and unfortunate incident that occurred that resulted in a death and we can all agree that we share condolences and sorrow of a baby passing away specifically there, and I just want to say That. You know, it's part of our culture. You'll drive all over our city. I 40 or 25 and were people die right is where direct classes and such and or recognize that the death occurred specifically in that location, And so I don't think I am not suggesting that we set up residence But what I'm suggesting is that we honor this baby. And that we might look at, um The way we honor Children who die at war as well as a way to, you know, sort of move in in the direction Then I'll get you Miss English and public comment, I promise, but it's we're not at that time yet. Thank you. Um I'm sorry since I was talking to that Councilor Bencomo and Councilor Abeyta Thank you, Mayor for Tim. Thanks Larry. And thank you to the family for being here. Please know that I cannot imagine the grief that you must be feeling and I appreciate you being here and your advocacy. Um I. I think. I would support a, um. The resolution. The proposal around the bench entry With, um the name of your little girl. I think the family can and you can work with veterans board about finding the right location that doesn't Um, you know, there is a purpose and an intention of that park, a publicly funded park right public parking publicly funded park. Um that has an intention that has a purpose, and I think it's a beautiful one. The mean it's all powerful , and I think there could Be a place for a bench. I don't think you laid out the intentions of that park in the memorials and anything that goes there, and I think that's important and a tragedy occurred. No one can. None of us hope ever think that's going to happen, right? Gosh we quite the opposite right ? And then the tragedy happened and I think. That doesn't take away from the intention and the meaning of that park at all. And so for me, I If I'mleas clarify it, Larry, if I'm mistaken, but the options are We need to provide an amendment to this resolution, as is because it doesn't specify any Um, guidance. My approach. Um and Councilor Bencomo. Um If you are wanting to improve For the memorial request. To the park recreation presidents speaking either bench and tree program. Then you believe your vote would be Yes. Okay as is I understand . And I, um I think this has a lot of layers. There's a lot of emotion on this right. And if I Put on my sort of logistics, right? I also want to note that Um, while your idea for butter fly garden is beautiful in the long term, I also consider the maintenance costs and staffing that than the city would have to, um, in order to do that, um , moving forward right in and So I appreciate the sentiment behind that I really do. And it's just I think, in the long term that just works a little bit less than then I think what a bench and a tree and I understand about it Not being a nameless memorial, right? And I think a name again like I said, does not take away from any other significance of that park. So that is That is my perspective. I think it's. An important request any think it's request that we unfortunately have to make in response to a tragedy, Protest and Councilor Bencomo and counselors all? The veterans of Isa Roy does recognize and that you have the final decision on on this side of Thank you. Councilor. Bencomo Cancer Abeyta. Thank you. When I bring my kids to Veterans Park we walk and we try to honor that. We can't hear you. Please try to honor the memory and what the park means in that sentiment , And as we're there, there's other service members with their families there, and we're doing it. And then afterwards we stopped at the little. Um Playground. And we let out all that, um, energy that we had been holding in as we were doing something very serious. And for me, that's where I see wouldn't be nice to be able to sit on a bench under a tree and take a moment and recognize the value that our Children. Mean to us, and we're all family members, d th's where I see that has definitely place in our park and for our members because our veterans are family members, their parents, and there's so much history to be learned in that area that can be done if we don't include Children there. And if we don't allow, and so, um I think it is a perfect spot to have a bench in to help. Memorialized in memorized. And trees and benches. They last a lot longer, and as thisree grows stronger hopefully those memories stay locked in just as strong. So thank you. And thank you, Mayor Pro TEM. Thank you. Councilor Councilor Flores concert Cran. Thank you, Madam Chair and thank you again. Larry and Mr and Mrs Gonzalez. I know it's very hard for you to be here. Um Well, there was. I I'm inclined to go with the request as presented, Um and I would also I believe I agree. Concur with, um, a Councilor Abeyta that, um That a park I mean the punch and tree would be a lot more meaningful and then through the years that tree would grow. Um an then I have just the And again I and II to and the some of the guidelines for, uh, putting things up in the veteran's park is that it be related to something that military And, well, first of all , the child's father is a veteran. Who suffers from PTSD, no less. And the other is that, um Mm hmm. Cheers. Well that that that that the father is a military veteran and the child was at the park. Her death occurred in the parking lot if I recall correctly, doesn't memorial there? I don't know what it is. But and this is with all due respect to the Veterans board, with all the respect, but it is a public park and the funding would come out of our parks and recreation. Um or whatever funding. Um so I'm inclined to, um To say yes to the proposal as presented And, um With a park in the bench. And to move forward expeditiously. Thank you. Thank you. Thank you. Councilor, Flores, Council Councilor corn. Thank you. Thank you for the presentation. Thank you all for being here and asking about this, So I just want to make extra sure that I understand. Yes has to approve the more and more request in the form of a Tree and a bench Veterans Memorial Park. Request the initial memorial. Yes, Cancer. Later approaching him and Councilor Koran. There's this is the remember Memorial Tree and bench program. That is being considered the park and Recreation Department. This is the president's that they've used for 50 other memorials and so it but they have the three options, but I believe it is the bench and Doesn't say bench entry, but that's what was proposed by Councilor Bencomo. So. These were the three options that the Let me show you those. These are the three options that they have in the memorial policy . The option One is the tree and Option two is the bench and then Option three is the bench with a plaque. At Veterans Park. Yes, as has been proposed at Veterans Park. Thank you. That's just what I wanted to get clarity on. Thank you for that clarity and thank you for being here. Thank you, Councilor Karen. Anything else? Okay Comment. Actually, Mayor pretend I'm sorry. Just procedurally. Christine is there um My apologies. I just feel like I'm a little thing missing , and so does there need to be an amendment to this resolution ? Protect Councilor and come on No in the last, Whereas statement, it says that perhaps department offers a community memorial tree and or bench program, And so that's what you'll be approving. Great. Thank you, Christine. Thanks for the clarification. Concert Bencomo comment, please. I'll start on my left and please come down if you have State your name? My name is Peggy Galarza Galarza, and I am also a veteran . Okay My husband's a veteran. He died in 2020. He was a Vietnam and desert storm threat. I have to follow the policy rules, um, dealing with veteran part because my husband wasn't born in the state. I can't get his name put on the plaque. Perpetuate for the Vietnam wall over there. Um. I understand. He's a veteran in the child died there. At the It's. It's a hard don't But I don't think it warrants. No more of your all there for the little child. I have three boys that have been through this A storm would be in my husband. And They have their own PTSD over this. It war as well as I do. Um. Okay. I'm just my voice is cracking. Um I understand your child. You lost your child there. Um but it doesn't warrant under the veterans, you know? Policies of rules. For a man. Please address me, not me. But look right and memorial, okay? I mean, I can't even get my even my Children pass away. I can't have a tree put in the park that we've lived here since 2004. And I can't do it in that stuff, either. You can appreciate nice. I hope you both know on it. Thank you. Who else? Yes Miss English. Please make your way down. If you're on to my left, make your way down to get through this. We saw this agenda, so I'm asking you to make your way down. If you're on the left side. Well I'm sticking it out with the rest of you. So my name is Laurie English again . I'd like to say that first of all my condolences to the family. I'm sorry You lost a child. On the other hand, I'm 100% disabled veterans standing here in front of you right now. That is a veteran's park. I agree. There should be some monument to this young lady and the loss of her life. But why not put it in another park? This is a designated veterans park the names in that park or all people. That have given their lives for their country. I respect the Gonzalez family with my entire heart. I am not a parent. I don't know what I would do if I was in lost a child in that manner. But it is Veterans Park. There are numerous oer pks tt can be designated. That might allow a butterfly garden, but this is a veteran's park. This gentleman suffers from PTSD. I do too. So I have to buy a brick for my father because he did not enlist in New Mexico. I had to buy a brick for myself for the Vietnam Monument. To me. Veterans Park is a specifically designated park that I feel very deeply about this. Um By the way, I only got two minutes and I should be getting three. But that's okay because I'm trying to make a point here. The veteran's advisory council was put in charge of agreeing or voting on Sort by the mayor of the city of Los Cruces. This is a program that goes back years. That it is a designated part. Maybe we should name The playground after this child. The playground that already exists. The family would be relieved of any nancl rponse. Thank you, Miss English. Two minutes, please. My name is Phyllis Major. Phyllis Major Richardson . I'm sorry, Please restated. Phyllis Mesa, Richard Sam documents Phyllis, daughter of a veteran and a mother of a veteran. I do not agree with having a child. In the park, even though I think he said he was a veteran. Is he a veter?OkD . My father is already God so I can't speak for him. And my son doesn't live here any longer. So if you can't agree tonight, and it's too emotional for you I would table it. Because I see tears are rolling. Maybe some motions. I don't know whether it's going to be a I don't want them to sit here a blue and a red thing, But I think we should just That the motions lie. Thank you very much for your time. Thk you Next. Mayor approach him. Council members. My name is Chris Sauder . I'm a retired colonel in the Nurse Corps of the Army. I felt a lot about this, and I've talked to a lot of it friends who, um Feel. The same way that I do, and many of us veterans do that This is of Veterans Park. If we allow This young child memorialized there. Everyone else is going to want to be memorialized there for some reason. And This is a monument to those people who gave their lives for their country and I sympathize with the family. I What I heard about this. Itjust killed me. But these The veteran's park is not there for individuals is there for Mill Cherry. Honors. Uh we have the wall that remembers Uh, veterans who enlisted in Donna Anna County and we have bricks for families that Have had people. Come to lost Cruces and perhaps past year The. The park is not dedicated to individuals but two eras battles. Um. Again The nurse. I understand your grief. Come to the park. Sit. Enjoy the solitude. Think about your daughter. I don't think you need a memorial to do that. You can do that within your heart. While sitting in the park. Thank you. Thank you. Do you want to reset the fun Because I've already spoken. Thank you. Adrian's Las again. I want to point out that it is not just for people who gave their lives. There are Council members, men and women that purchased the brick. They're here today to tell you that they purchased the break. Some of them honored their family members like brothers and fathers who may or may not have given their lives. Um I just think it's Kind of funny that you guys want to sit here and say Like, Oh, it's for The ultimate sacrifices for this. It's for that. I feel like a lot of people don't know the history of that part. That part was a gift from veterans affairs. That's why we have a veteran's advisory board. Uh since the park has been created. What was it about 30 years ago? It's been gifted to the city of Los Cruces. Therefore the city of Los Cruces has control of it, because it is a park. For the people. Events defend their freedom for So for all of you Other veterans who feel that this is your part shuttle on you. It's for the city of Los Cruces and our Children. Thank you. Thank you, Mr Gonzales. My name is Fred half. I am not a veteran. Read here eight point to a resolution to approve the request for a placement of a commemorative memorial. And. Veterans Memorial Park. Repeatedly heard everybody say Veterans Park. This is a memorial park. It's not just another park. Have been very intimately involved with Quite a few of them memorials at this park. And as much as I feel for the loss of this family I have to totally agr witthe Veterans Committee and everyone else That's agree that states There should be for veterans, a memorial to veterans that's in the name of the park. So please keep that in mind. I saw Hall ago on the on the teleprompter. Where they mentioned a memorial at a city park or something like that. That's fine. But this is Veterans Memorial Park. It's not just a park. Thank you. Thank you. Anybody else on this side? Okay on this southern to my right, anybody want to speak To my right. Hello Um Council Mayor Pro TEM. My name is Kendall Larsen. Um I am also a veteran. And I completely agree with you . Mayor Pro TEM. I would love to see a memorial to all of our veteran Children at the park. Not necessarily just for this instance. I know my Children suffered a lot while I was gone and It was very hard for them. Um, but as has been stated Being a bedroom memorial park. My family also do not qualify for the benefits they would not qualify to being buried at a veterans cemetery. Um, because that is designated for That type of situation so That's all I have to say. Thank you. Thank you. Anybody else on this side? Please make your way down, please. Thank you. My name is Karen Woods. I am the current chair of the Veteran's advisory board. I like to clarify something. Okay. The vote. When Mr Gonzalez addressed the board members. I would like this, and he just said what? I want a vote. I didn't offer. I said Okay. You want to vote will vote. That's how the vote came about. Not because I made it because it was the request of Mr Guns Office. I want to make that point. Clearer Okay? And at that particular point when that was done Okay? And you got to remember the complement of the board. Okay? It is basically it's uh, I got three branches of service. Um, the Navy. We have Ah Army and Air Force. Okay? There are from all eras and they're all ages, and they're all listed, senior enlisted or as one case we have an officer. So the compliment is just not one sided. I just want to let you know about that. This is hard for me. Okay When it comes up forth that a child lost their life. Any child loss is terrible, very, very bad. A havi to tell Parents. That they have lost their child. I I've done that. It's just not good period. Alright, I feel for them. But I also feel and I've got to step up for our veterans in that veterans Park. Okay Like there was said, we have veterans on the wall. We have veterans on the walk for those who didn't qualify either way of being on the Veterans Monument. Or the wall. Okay and for when it says that they have to be in battle or conflict. Or individuals. The individual is me. Thank you. Thank you, for your comments. Appreciate it very much. Thank you. I was gonna say good afternoon, but it's almost a minute of good evening. Good evening, sir. Sympathy for your family. Okay, your son. Anyway My name is William Garcia. And I'm the president for the Vietnam Veterans of America State Council and its over all the chapters. Um I've been to many veterans Memorial Park and I'm gonna tell you There for the veterans. Okay And I think side I have a son, he went through the military. And I have one. That's not but I'll tell you, Um I was just at the Memorial Veterans Park in the one in Washington, D C and that the matter of fact we had Quite of basically all the state president. There's 42 different states, Uh, state presidents there and All of them took color guards, You know their color guards, meaning the flags Okay? And I represented New Mexico was three flags on the pole, but I'll tell you, Baird has, uh, Veterans Memorial Park. It's veterans and, uh, General, and there's a lot of different parts . I don't know what we could do to help Mr Gonzales. But one point I will make Memorial Park are for veterans. Okay a lot of them and a lot of them gave their lives that that's what what it's all about. Thank you. Thank you, Mr Garcia. And they approached in my name is Bruce finds I'm president of Vietnam Veterans here in Los Cruces. And I agree with a lot of what the veterans say This is a park. But they say what a couple mentioned here just for all the fallen. It is not is for the living, too, because my name was on that Vietnam Memorial bought bricks on it. I bought a brick from my father. My brother. He's still alive. I bought one for my sister in law died ocanc. She's on the Vietnam and more because years of Vietnam veteran But There's nothing in there so far as brick. I don't know what the criteria for the walk of honor for brick for that there or not, That's a possibility on that Walk monetary, Dizzy Walter County Wall. I don't know what the parts Department is criteria for people to buy a brick on that I don't remember. That's an option. But as far as any plaques or monuments letter I say no, because it is for Vietnam military functions they're saying Vietnam, Korea. Alright We just dedicated to Iraq, Afghanistan stand monument in there. For military function type player criteria fom that. They're so that's my parents say it should be no monument. Thank you. Thank you. Anybody else on this side? Okay, Councilors. Can I just say cancer Abeyta? I like your idea of the playground being named, Um, maybe a bench in a tree in that area is th possible? Um. Is that possible? I think that I will say I am going to be Frank. I had a very robust conversation with her board chair, and I asked a specific question, and I said The question, I asked was, Would you put a veteran's name over by the Children's playground? And you said, Absolutely not. That wouldn't be appropriate there and I said, So. What would be You said that wouldn't be appropriate, But so I asked you, I asked you If it would be appropriate for a child's name to go. There would not work. Excuse me. Conservation That's fine. Why not yell out at the Galleria? Appreciate it. Thank you. So I asked if a child's name would be appropriate, since it's not appropriate for a veteran's name to go there because it's not for a veteran spaces for The Children's space . And so that's why I asked that direct question, Which is why I think it's appropriate for it to be an the child space because it was to honor a child. So that's why I had and thank you. I just wanted to bring that up, but that's all right. So I'm I'm good. Thank you. Thank you. Thank you Respond to that. Thank you, Mayor. Probably you may want to ask 15. But since I find off and came back and may want to have another boat, Yes, Thank you, Mayor. Okay? Christine the first one was sufficient, Commander Christine. Okay, okay. Before you go to boarding like chime in on this. Okay well, you should chime in Okay, thanks. All right. Well, thank you and You know, I really feel for the parents of With the child that got run over and you know, we wish we can do whatever we can obviously bring the child back What we can't and I know we they really want to have an honor. And I had mentioned that You know we're going to be built in that parking lot, And I think staff from the that we might be able to A park bench some sort, you know, And I guess what? I'm trying to get it. If we start doing this, um this tribute, not just the veterans part. Then I think we're going to have to start allowing it and all the parts And that's the only concern I have is. The president will be studied. Can I say something? I think that's probably the right thing to do. And it's not To the child. It's just the president will be sent to all of our parts because constantly and there was a young man that you know, but football player organ about high school And there was a positive here would play in practice or do whatever you know many, many times. Hmm. Does it. Some type of tree or and we did that for Councilor. You know what? I'm trying to say it. We're gonna be dope now. Parking lot think those were the opportunity decline. And so when I won't be votingor ts ving no, it's not. Anything other than the president would be safe. Thank you. Thank you. Mayor Councilor. Blood is Councilor Graham. Thank you, madam Chair. You know the distinction that I see here. Is the army of a veteran to come back. Visit the pocket. His daughter and his daughter gets killed. I mean, what are the odds that that is going to happen? You think we're having a day at the park, you know, go, You know, swing, You know whatever. That's a distinction. I see if there is ever another child who's killed at some some designated park with some name on it, that child should be honored their the well. Maybe the Veterans board should set up more careful parking restrictions or something. I find it outrageous. With all due respect, my I've shared this before My father was in World War 21 brother was at the 30/8 parallel. Another one lost his life came back as an empty shell. May he rest in peace. He died about a month ago Now. He came back from Vietnam, and there's no way it was the same person. So I know that whatever Mr and Mrs Gonzalez has gone through is they've been to hell and back and for them to have the Veterans board and with all due respect to service to our country, I find it. I find it. Downright hurtful. Thank you, Madam Chair. Thank you. Councilor plot is Councilor Grant. Yeah. I just want to say setting is compassion, I'm all for it. Setting that precedent and. Gonzalez family. I'm so sorry for your loss. Thank you, Councilor Graham. Um. Larry through and Mr Gonzales again like the idea of the bench and whatnot at the playground. Would you all be Okay with that. Well wait a minute. I have a question. Cash it from there. One question still very open to What the city and. Cesar's appropriate when I asked you for Let's try and of our daughter if it's shared. They or even a bench and a tree that's perfectly fine with her name thing. Thank you mis. Mr. Gonzalez Larry, do you have anything to say furtheron him? We approach him under rod that those were options that we set precedence from previous department morals. Um if the decision of the Of the council is for that. Then that is what will be be implemented and carried out. Thank you. Council Blood is sorry. Yes Thank you, Madam Chair, Larry. I have a technical question that there's going to be some changes in the future, probably within the next 10 years. The way things go around here. And but I know that that land that belongs to the city that we purchase from Albuquerque on the north side of the parking lot is going to be, I guess an expanded parking lot or Children's playground is going to be moved there. Um so I don't know if that has to be taken into account, but Voting on this today. Should it pass would remain, um I guess subject to those changes. Word What would happen? I mean, you wouldn't go put a bench in a little tree tomorrow, right? May ha enttainnt Councilor Flores. It was mentioned just a moment ago about parking lot expansion. That's to the north side of the existing parking lot. There will be, uh That is all of that has been arranged. For now. We have the funding is going to we have the plans come out completed. The city has the plans completed and pending starting construction, probably late summer early fall, there will be 100 and 67 additional parking spaces, But there is an area there that separates the two parkinghe largest, called the Remembrance Remembrance area. That could be a possibility for A bench in a tree. I think that would be an excellent location. I think it would address the compassion aspect as well Just by the name And would the family. Mr and Mrs Gonzalez be able to have it well participate in decision making and so far as the position of the tree that bench whatever. I'm sorry, Councilor. What was the question? The questionaswhhz would be able to participate at some level to some degree in regards to the planting of the tree. The location positioning of the bench tree. Whatever it is that part of my Council for us. I would imagine the Park and Recreation Department would work with the Gonzalez family on them. Thank you, Mr Hinkle. Thank you, Mr Councilor. Flores. We have interim Still interim director to come up, Please looking for him, huh? Mayor Pro TEM Council members. Robert Nunez, interim director for parks and Recreation just was would like to also make note that previously a master plan was approved. And at this time the playground is going to be removed from that area. To be determined if it will be replaced. But as Larry just mentioned with the parking lot, and then the remembrance area Is going to be In that location near where the park is currently place that So that was the master plan that was previously approved. We re a previous administration has had discussions with the Gonzalezes and we can certainly meet with them again to identify the ideal location for that bench and tree location. Thank you, Robert. Appreciate it very much, okay? Christine, call the roll. This is an emotion to approve resolution. 23-132 Councilor Abeyta. Yes Cancer. Graham Yes. Cancer Bencomo? Yes Cancer. Korean Yes. Councilor Flores? Yes, pro 10? Yes and mayor. Yes. Thank you, okay. I 0.3 resolution number 23 133. I need a motion approved Graham. Second Abeyta er. Motion made by concert. Graham second made about. You know you're going to need to be sworn in Right, Okay. Adam, are you ready? Almost You know when you're ready, Yeah. Okay Do you swear from the testimony you are about to give us that is the truth and nothing but the truth under penalty of law. Yes, Thank you. Next case, then Adam with 12 Community development. For the record is an EP appeal to a special use permit at the 25 60 Samaritan Drive. Um Said. Your property currently consists of the three crosses regional hospital. Uh companies roughly about 10.61 acres in size and his own C three commercial high intensity. Conditional Uh, Essentially, it's quite what's the proposal was hella pod that would be located on the subject property any currently they can like run. Improved parking lot island in the South east corner theacility, and I have a picture if you could see, but there is a subject property% we're discussing right now. Again It is. Don't c three C. This is essentially were that location of the hell A pad has been proposed. You can see it there. And it's just a, uh, a vacant area on the property. Um the reason for this location is because it's actual distance to the existing ER. So the closer you are to the yard, the better it is. It's about 95 ft from the ers entrance, which is the right around this area he. Uh so getting the proposal is for a helipad located southeast corner of the parking facility. Uh it is approximately 95 ft from the emergency facilities will be a 60 ft by 60 FT Final approach and takeoff area or or F A. T o as they call it as well and it is roughly about 368 ft from existing residential neighborhood to the East. Who is the drawing of that doesn't mean all requirements for, uh Ah federal requirements for t federal aerospace protection regulations, including 14 CFR part 77. It doesn't meet all the requirements for special use permit, as outlined in section 30-54 of the 2001 zoning code. It will mean our outdoor lighting ordinances of the city of last Cruces, and it will be designed and constructed in accordance with what is F A C 1 50 slash 5 3 9 0 dash to see. Otherwise, it's gonna follow off federal standards, essentially what that means. Uh, Reviews were sent out to all relevant agencies and departments in the city. All did support the proposed on change notice was sent out to the property owners within 500 Ft. Of the subject. Property staff did received two emails and a phone call one email and phone call work concerning the development of the Jalapa and its proximity to the neighborhood, and one literally was getting more information. Additionally on top of that, I believe you all might have received from the clerk. A an additional email that was received. After the planning is on commission meeting for the City Council meeting. Essentially since we have to re5 2022. The Planning Zoning commission didn't meet and take this case on the consideration. PNC did got him booked, approve the SUV by a four vote of 4 to 0 findings were that the pod with me and all outdoor lighting on this requirements. Special use permit follows the requirements for a special use permit as outlined in section 3-54. Excuse me, but also meets the purpose and intent section of the code, which is section 30-2, and as well as I stated before, it doesn't meet all those federal regulations for a hella pod. A letter of appeal was submitted to staff on November 20/9 2022 in time for during within the appeal period that is allowed concerns are lists are you you have the letter in front of you as well. Concerns about, uh, public engagement meanings about warranty deeds and the actual owner of the property. Um, I believe that section 30-2 of the 2001 Zoning county is not being met. In contrary as the way staff fields. Additionally they believe that there is a disconnect with the statement of summary in compliance with our elevate last Cruces comprehensive plan. So your options today is one to vote yes, and approved the appeal. This was essentially overturned . The planning is on commissions . Uh approval to deny vote to vote No and deny this would essentially uphold the especially use permit. I would stay in effect to three votes and men are four voted table and postponed direct staff in the applicant accordingly. Ah except for questions. The applicant and his representative are here as well. If you have questions for them, and not sure if the appellant Mystere he's still here, But we stand for questions. Thank you, Adrian. The opponent here. I don't see him and wanted to clarify Adrian specifically what his issues were. I know you listed those They were a bit. Confusing I think at the end of the day. I mean, I've read everything. Read it again read the notes of NZ The minutes of pain Z and his concern was Specifically about. Ensure who all the owners were of the property. Mayor Pro TEM I believe that was one of his concerns. Correct I believe the CEO of the hospital is here. He could clarify that as well as one of the partners for the area if they could possibly answer any questions for you as well, but everything that staff did receive was signed by the property owner. An affidavit was submitted with the application stating that everything that was submitted to staff Is Real and done properly and follows out requirements for us the middle of a special use permit. Okay That's great. I would like to hear from the CEO. He's here. She. Might have had to step out there believe there's somebody else here, okay? Hello. Thank you for your time. My name is Kelly. Reduce three rhetoric is I'm sorry. I'm the director of nursing services at three crosses. I'm stepping in for our CEO John Landing hand to step out. Actually our hospital is actually owned by multiple investors. And so there is a group of investors who own our property. And of course, looking to ensure that the safety and quality of the care that we provide to our patients. Is always at the forefront of what we do. And so as a part of that , having a functional permanent Jalapa is most necessary. Right now we're functioning with what is called a landing zone. Um and so that does probe you know, potentially pose some some safety concerns, not only to the patients who are flying in and out of our facility. But to the flight crews who are bringing patients in and out of our facility as well as the community members, because right now a landing zone is a temporary spot where they set up cones, you know, and of course, anyone could potentially drive through those through that zone and potentially harm themselves . So really, truly to we would. We're asking really, for you to uphold the previous vote for us to move forward with the planning and zoning Of that Hella pod. So who were the local owners? As far as lol owners? I can't speak to the list of them, but there are a number of owners that owned the land and own. Of course, the facility. Does anybody know on staff who there? Come on now. Time Bob Profile. Um. The real estate itself is owned b group out of Nebraska and the hospital operation leases that And we do have myself and other local people are part of the ownership of the operating part of the hospital. And so that's kind of the structure of what we have. We have a limited partnership and then investors from around the country who put in large sums of money to the hospital. And so I would say this is right now. In these emergency situations, we land on the street or the parking lots. Ands totally legal. We think this is a safer solution to have a permanent location. And for these helicopters to land and continue to serve our community. Thank you, Mr Popo. I understand through the minutes of the pain Z that you were in the process or of a master plan, And that was maybe in November is that being conducted or has it been completed? And what were the results of that? I mean, you're very loaded questn with lots of detail. As I know what master plans consist of. Um I'm not sure which master plan that is, but Pro TEM. I believe the master plan your, uh, discuss or talking about is called the Royal Crossing Master plan that is actually the master plan immediately south and west of the property. It's uh. Give you a better idea. Here we go. Essentially this area here and this area around here. So it the master plan doesn't really incorporate t hostal itself . But are Apodaca blueprint? Ah that does incorporate essentially everything which is a mixture of commercial development, multi family, single family and, of course, Fully functional hospital. Thank you concerned about this coming as it's coming without knowing what the master plan of any of that area because it's going to become more dense. Right So when you look at the safety and the well being of not only, of course, the employees there are the hospital but of the commity. You're going to look at something very different from today and maybe even 3 to 5 years. So when we talk about the safety and well being, what is currently there It's going to look very different later on, so I'm concerned. It's going to be more dense. Um am concerned that we don't have the entire picture . Can someone help me answer that? Yes ma'am, so again since the master plan itself does not incorporate this subject, Property staff lead back on track. A blueprint in a like a blueprint does call out for the hospital, and it even has an artist's rendition. With the help it on there. You can see the little circle at the H essentially So all that was taken under consideration when that blueprint was developed. So again, it wasn't the plans that is set on the future. Additionally when I sat down with staff to review this, we're looking at distances and those types of concerns as well, Um, looking around the area how far they are they even the two hospitals here in the city couple hospitals and L Paso as well. I myself live Rightow. The street from Providence East in El Paso, and it's literally it's the parking lot. It's hella Pod. Parking lot with two parking stores residential right next door. So it's not used all the time. It's uh, it's for emergency uses if you will, but it's definitely something that's needed and called out by the master plan for fully functional hospital, essentially, thank you , Adam for that, and then in terms of. Attractive compact study. Do you also take that into consideration as your looking at, you know the best place for the Hella pod And what the Um. Concerns could be with the number of the number of cars and not only that, but the neighborhood as well. 10 staff to take a look at that and their actual study that the applicant had done for the FAA requirements actually has an actual flight route that it's supposed to follow, so they will have to follow up to make sure they didn't affect any traffic within the area, including existing trafficking in the parking lot itself. Um Additionally, staff also felt that despite the best location for it, because it's so close to the actual emergency exit, emergency room entrance part of me, uh, just it's better there than having run all around the building to the other side to get to the emergency room. Thank you. Thank you, Adam. For that, Um and. Since you brought up the flight plan. I know there've been some concerns of folks that are around how the helopters are coming in currently and you've asked or someone has said designated the Southeast side right specifically, and I think those things have been hanged out. I believe that is correct. Okay, the flight plan. It is a very Extensive study that the applicants representative provided us, um which kind of had to go cross eyed a little bit because a lot of engineering if you will, but the summary essentially said the location and the flight lant that they have planned out with the hell a pod would work for theospital and have a minimal Effect on the surrounding area. When you say men are effect what he talking about? Every time. Well, it's a helicopter, so they're just trying to get in and out without without disturbing things as much as possible, and staff felt it does meet the intent of the special use permit that it would have. It's not only a benefit for the for the area but a benefit for the city as a whole. So in terms of the other two hospitals, you've proven special use permits for the hella pods. Those two enties correct. That is correct Hospitals did we receive special use permits for their telepaths. And can you tell me if there's been any accidents or concerns related to that, as as you're putting them in and currently Miracle term. We have not received any complaints about them. As of now , we did speak. Enforcement officers if they knew of any complaints and that they did not have any complaints, But I'm talking about accidents. We have no record of that man. Okay Thank you. Adam. Appreciate that anybody else? Okayny. Um I'm sorry. I think I just didn't hit in time for you to see. Sorry. I didn't thank you Mayor Pro TEM just to be crystal clear because the wording on these There's always so weird. No on this resolution is a yes to the Hella pod. That is correct. Thank you. A manager. Yes, Mayor. So I just assumed but on my house for a while, so there's a lot of updates. And I just want to say a couple things all support having a healthy They're, keep focused at that to the residents that We've got. We're fortunate . We have now three hospitals. Okay, and the other two hospitals have helped us. One's in District six in District two. And they're near residence. I don't think that it's not like it's a daily occurrence to my knowledge might leave mistaken, but this someone share how many times they would be fun, Approximately neither that you can't Councilor. The exact But. You know, I don't see it help at that. Is that mountain view? That's close to it. But It's like that is. Yeah. Council work flight, but I mean, I don't see that often. This is about safety. This is about Maybe someone's life. Injuries of that period. The hospital had met. I hate my mom was there and pretty impressed with it. Very good. I'm really happy that they're doing well, and it's really a great place. And you know that I'm supporting the. And clarify, So you're saying a no vote. Yeah. Would allow them to have to help pass that correct. But no pod Britain Mr Mary? Yes. That is correct. Essentially voting by voting. No the appeal is fails. Exactly. And the SCP stays in thein their effect. Thank you. And please come up to the podium, state your name and the answer to mayors. Thank you . This is Kelly Richard is again director of nursing services at three crosses. So currently right now, what we're averaging in our senses continues to increase. We're seeing about an average of 20 helicopters coming in and out of the facility on a monthly basis, Primarily a lot of those are coming into our 24 hours a day, seven day a week, Cath lab so and we're getting patients as far as as Gallup and Las Veg tho needing services that we're able to render specialty services to Thank you for that. Okay. I think we're at the moment of public comment. Please come down. Quite hear anything. I'm sorry. Try again. Did they said approximately 20? Okay And then also just to confirm you know, vote would allow the helipads that's correct. Correct. Okay Thank you . Please come up and state your name. Yes Madam Problem. Paul Pompeo with solder Miller Associates are the civil engineering consultant firm for the This hospital project. Uh we're also the civil engineers that are doing the Mass the 77 Acre master plan known as Royal Crossing, which we just recently approved. Master utility Pan Master greenish plan and preliminary platform phase one. So with that, I'm just stand before you If you have any specific technical questions about any of the engineering that's gone, But I knew it side on the on the minutes and I wanted to see what that you know. Included Um and what? What sort of things are included in the master plan, but Appreciate that. Thank you very much, Uh, Juror practice resident I just have a clarification. I want to ask for a backup in the power point of we could To the screen about the appeal. There is a term used that I would like to seek clarified. On the third line, it says tainted and non verifiable information concerning public engagement was given in the applicant statements. Since the applicant himself is not present either telephonically or in person. I would like to know what that tainted phrase is about. Because I have engaged with this individual in numb of circumstances in the past year, and I find him very particular about details. He has his own particular way, though, of expressing himself and there are times when he is using, uh, devices to help him communicate and which are within the bounds of what we should be able to follow. And I concerned that this idea of something being tainted his apply being applied to somebody with a certain amount of disability. So please clarify what that means. I can't read it difficult without the appellant here to clarify Father and concerned that he's not here. It's sort of like him to not be here. I understand that and I agree. I was expecting him to be here and I did not expect to stay make any comment on this and I don't without him here. I am concerned because to me tainted is a term applied by staff. It's not coming from him to be able to clarify what that means. Can you clarify where the tainted word is used? That is a direct quote from his letter. But the parentheses to it's a It's a strictly from him. Thank you. Anybody else have anything? Please make your way down. Hello My name is Delay. Hernandez Very nervous. Never done anything like this before, but I live welcome. Thank you. I live at 23 15esert Drive, which is directly behind the helo pad. I have, um been to very many lots and lots of meetings over the years about the, um opera Doc a plan it is changed many, many different times. I'm so unclear about what's going to happen behind my fence. I mean, I have a wall and it's just what's going to happen there. Um Hello . Pad feels much more than 20 times that help that helicopter comes in. I can tell you in detail in one day, I can count three or four coming in. Um they come directly over my house, so I know when they when they come. If I look out over my fence, I can see them land. Um I think that I'm concerned about the noise. Of course. Um, I'm concerned about Just the whole idea of what's happening. Kind of out there. I know that lighting has been an issue. I know anyone driven by are driven through the street called gacy What is that? Who approved that road? I mean, if anyone has driven it, if you have it, you should take a minute to do that. Um the noise from the. Air conditioner or whatever is happening at the hospital is very loud. The noise in our backyard you cannot enjoy. Our backyard because it's just I mean the noise When I opened my door to the you know my bedroom door. There's lots of different things happening, so I'very concerned about I want there to be a Hello, Pat. Don't get me wrong. I want people to get the care that they need. I just worry about Um. Okay Thank you. Thank you so much. Anybody else? Okay? Looks like you know whether comments Christine. Thie resolution 23-133 cancer. Beta no cancer. Graham No Council bank are no Councilor crayon. No cancer. Flores no pro TEM. Mayor. No. Motion fails. Thank you. 8.4 resolution number 23-134 moved to approve Graham. Second Abeyta motion made by Councilor Graham's second by cancer, Abeyta Hi, Adam. One man wrecking crew. Do you have to swear him in again? Okay. Let him get situated and then we'll . Alright. Hit me. Christine ready? Do you swear or from the testimony you are about to give is the truth and nothing but the truth under penalty of law. Thank you one more time Adam, which whole community development for the record? Uh, Before you is another appeal to a special use permit and s U P for a property located 16 02 East Loman Avenue. Subject Property is currently zone C two commercial medium intensity and consists of a vacant commercial building. This is the original of the small auto, a small auto and truck repair shop is what it was. It is located right in the corner of Lemon Avenue and look on street and Compass is roughly about 0.215 acres in size. It is located in a major commercial corridor along Loman with a majority, whether vast Different uses all over the place, including retail restaurants, offices. And of course, there's also single family zoning or Designing but single family development to the south of the property as well. Shown here. The subject property here in the yellow as you can see Right along Loman here. Everything essentially don't commercial. Some open. I guess that's flood designations only to the to the to the south of here in ST uh, let's rightward Loman and, uh, an amateur essentially split. Shown here. Some aerials of the property. Just give a littlemo.s that the car wash right here that we're and like I said, they're single family homes along the street residential streets to the to the South. Some street views of that of that property. So the proposal was for proposed cannabis retail store on the subject property. Uh unfortunately, the subject property itself is right across the street from another cannabis retail store, and it is roughly about 78 ft. Away from it code requires that a minimum 300 ft buffer be between two cannabis retail stores or a special use permit would be required. So essentially, that is what the applicant did. Submitted a special use permit to allow their cannabis retail store at this location. All other buffer distances. Distances are being met, including distances for a single family zoning and from school slash daycare property as well. The proposed new Cannabis store will retail store will have to follow all city ls Cruces requirements and stated the Mexican regulations governing cannabis related retail activity. Here is what the applicant submitted showi the building here and the measure from building to building like I said, it is about 78 ft. Away. It's about 9 202 122 ft, less than what's required by what will be required in every time to be allowed, thereby right. So all relevant city staff did where he was application and nobody had any real comments regarding the proposed establishment notice wassent out to all property owners within 500 Ft. Of the proposed special use permit and staff did receive one phone call. That was an opposition oft stating that there are too many already in the city, and it is too close to residential schools. What should it is? It is not. It meets the requirements of our code. During February on February 28 2023, the Planning Zoning commission did meet to consider this special use permit. They review the SCP and did vote to approve the proposed special use permit with conditions by a vote of 3 to 1. Findings were except for the distance of cannabis, cannabis and meets all other distancing requirements. It is located along Loman Avenue, which is one of our commercialps hubs. If you will. In the city, English and egress will have very minimal impact on traffic. Then it meets the purpose and 10 the section 32 of the zoning code, and it will meet all requirements of the not only there's only code but stayed in Mexico State statutes as well concerning cannabis. Additionally staff to point out that elevate Las Cruces comprehensive plan is being met. The intent of it is being met. Since it is located along a mixed use corridor where we want a mixture of different types of commercial uses. Commercial uses office uses residential and so forth a is located in a regional commercial place type as well as called up by the elevator last Cruces The condition that the planning is on commission did vote for this one is that the property will be required to complete and administrative replant for the subject property. Essentially there are three underlying property lines and essentially, they would have to replant it to remove those in another underlying lot lines to make it one complete peace. One complete lot essentially. And that would have to be done prior to the issuance of the certificate of occupancy for the business. An appeal was submitted, essentially saying that the appellant state that allowing the SCP saturates the area but the area with cannabis establishments that the allowance of the proposed cannabis establishment creates an economic hardship on Jason Cannabis establishment and believes that the required the rate of foot buffer should be followed. With that. Council Your options today is one to vote yes, and approve the proposed appeal and that would essentially eliminate the special use permit to devote known. Deny this sort of hold the special use permit. 32 vote to men or four table postponed direct staff accordingly. I stand for questions. I believe the appellant issues as well, questions for them. Thank you, Adam. Anybody Public comments. Yes Please speak away. Mayor I'm here. Did you have anything to Oh, yeah, Well, sure. I mean, this is so is this message Tell you old garage First in peace, Mr Massa, Tom Mechanics. At the corner of Roman and Johan like across the street from another Canada story, Yes. That is correct right across the street and then that that's right behind a car wash. But I though% there was like a residence right there right across the street. No Mr Mayor, Mayor Pro TEM. There are residences to the south of it. But there's own commercial. So the way the ordinance readings for single families owned properties are one a essentially And the houses are gone Commercial. Yeah I mean, I really I think. I think would be doing disservice to that that cannabis visits that's right across the street. And I don't think that's really good. I mean, here, I think. I've never been inside there, but as far as things as far as it looks, it looks like it's pretty decent building. They've done a pretty good job that science pretty pretty large. It's pretty expensive. You know? I won't be supporting The You know this measure, but, uh, Again, so I appreciate it, Brooklyn. Thank you, Mayor. Okay Public comment. Please Come on. State your name. You have two minutes. Hi I'm Sebastian's What is the general manager of Organ Mountain Cannabis? I'm the employee of the appeal. E Um so basically, I should probably swear him in if he's the appellant. Sorry. You're the appellant. Yes, I am . You have to get sworn in correct. Ready to you Swr, affirm that the testimony you're about to give is the truth and nothing but the truth under penalty of law. Yes and more my time be reset. Yes, of course. Thank you, Connie. My name is Sebastian swatters. I'm the general manager at Organ Mountain Cannabis basically. If the precedent was set a little while ago to follow the 300 ft rule. We've done everything on our behalf to make sure we're following the rules down to the point where we got like perfect compliance inspections and stuff like that. Like double checking and making sure even calling rsel out to the CCD to make sure that we're following all the rules. And with this president like what this rule being said in the law. Nine months before we actually started opening for retail. We bought the and the. The residents that were operating out of at the moment, and we spent like over. Like $30,000 just on rent to secure that location, knowing that it would help us compete in this new market that's being set up and like I said before, I mean, we've seen time and time and agn where we have the opportunity here and now to Build this industry and make sure it's built correctly and nurturing like it's a child. You know, they see. Show me a kid at the age of seven, and I'll show you him for the rest of his life. Show me this industry seven years in and I'll show you it for the rest of its existence. Like If we're not here to help the community and help the people that are already paying your taxes, then what are we here for? There is good money to be made and good Texas to be made were good business is being done. And right now, it just seems like This conversation wouldn't be happening if there wasn't a rule made. If there if there's 300 ft rule wasn't made to ensure that this new And thriving industry is treated appropriately because too often We just see cannabis. Treated Like like a third class citizen , If not even worse in this country, you know, it's. There's a bunch of stigma tied to cannabis and I feel like this. Is just not helping with all the Oh, Oh, yeah, I got sworn in. Yeah well, that's just kind of what I see kind of happening with and you know, there's two to me like Kristin Thompson and the dude who owns pure life how he's like best. There's articles in the news if you Google, Darren White and Susanna Martinez on the same Google search It'll come up, saying that they're friends with each other and how they're in coats with each other. And to me, it just makes no sense. You know, that's a Susanna Martinez set e 300 ft rule to help protect this industry. I feel like she was trying to help protect her money at that time, but it was a very smart idea to help competition thrived because Like I said before. It's not at this point. It's not even a quality game. You can have terrible customer service, terrible quality product. And as long as you got the money to survive this over saturation of the market, you'll make it. But if you got good customer service, good quality product and you don't necessarily have all this capital, your Your left in the dust, younow, because there's 300. Ft rule is just and I just It's to me. I really do feel like we're being let down by our local Yeah. I really like a bunch of the things that you have to say. I'm Mr Mayor Pro tempore, but it's just I feel like me and you see eye to eye on a lot of things here, but it's just Too much. Interest from being money, making a lot of the decisions for a lot of you guys, and it's really sad to see because this could be a thriving cannabis market, and it could be sometng tt helps The people who are already here paying your taxes. The You're going to create this over saturation of the market incentive caused people to not want to sell legal cannabis and it's already happening. There's been dispensary shut down already because they're selling illegal cannabis from outside of the state. There has already been instances in Albuquerque, where human trafficking like illegal cannabis grows are being shut down and they go and they try to question the people who are being Um, like these human trafficking victims, d no of them speak out against it, But we all see what's happening to me. It's not cannabis. That's the problem. But it's a bunch of the It's the history of cannabis , you know, and we're just allowing it to continue to be a very dangerous market to compete in not only from a public safety standpoint, but from Just stuff. Entrepreneur trying to compete in the market. You know, it's a new industry. I can see if there's a bar opening up. It makes sense or if it's a fast food restaurant. These industries are a lot of backing behi the But this cannabis industry needs people like you guys to have our back. You know, when we're doing things, right, We're paying our taxes. We're making sure we're selling just Clean product to the community. But when you start creating this oversaturation, you're gonna start seeing the black market rise and, you know, just I hope we can learn and just move forward because the other states have failed. In the past. We've got a lot of states that have failed and we can learn from them. But oversaturation does not solve the issues of human trafficking and a bunch of the unfortunate sides of cannabis. There's a dark side to cannabis , an we all got to be real and just notice and accepted and we can do apart to help stop that. Thank you. Thank you. Anybody else? So this sounds pro. Tim Excuse me before you get going. I just want to clarify the appellate could have his time. We so but I'm going to give you two minutes. Okay So good evening, Obviously. Mayor Pro TEM Council. I'm Dennis Turner. I'm actually the founder and owner of Euphoria. Group D B a clounine We also are locally owned. My partner, Erica is born and raised in Las Cruces as well. One and only minority women. Obviously in last Cruces , there's a couple of things that I want to touch on which is number one, the gentleman from Community development said earlier that there were 16 special use permits, he said. The half and half Where instances where this exact issue went and was approved. I want to know Tate that so there have been prior ones rig now that have been approved. We came we approved were approved last time 3 to 1 and I want to talk about use and purpose. There are you know much respect to Oregon Mountain home, believing bad talking other business as well in the same industry, but use and purpose. Organ Mountain is a retailer who does not offer the same use that we do. They are vertically integrated, which means that they supplied themselves in their own a growth . I have been over to their establishment and talk to their management several times and they even offered me to tour their facility. My primaryfocus in my establishment is drive through. That is a complete different use. We are not vertically integrated, which means that we need to buy from them in order to do business. So essentially, I am contributing to their business. Business as well. Not to mention I just want to reiterate the fact that there were 16 There were already prior approved as we were to alsoeal quick social Equity. I didn't hear nobody talked about that. We have a proposal to donate 2.5% of net monthly profits to child daycare for single moms. Economic inclusion. Re entry and 100% be backed by last Cruces locals. Thank you. Thank you. Uh uh. Mayor Pro TEM. I just want toenti I think, Madam. When he went through his presentation . I just want to make sure you understand the grounds on which you evaluate this. Um, this in our code. The way it reads is that it has an undue Um, impact. On the on the neighboring properties. Now it's relatively vague and the code what that means, And it's going to be up to you to decide what that what that is. This is not like a variant. Application Where thaty have a hardship that requires you to give them leeway in the in What's being done? This is only a standard that says it has an undue impact on the neighboring properties. And that's why it's here. And I think when we talked about this earlier, there was a little bit of a of a discussion of the neighbors ought to have it be able to have some sort of, say in what goes on in the next. The next property. That's sort of what it's getting at is that the neighbors get a chance to come out and say what they're going to say. But it does leave it up to you an awful why it range of how you can consider Impact. And I just want to make sure you understood that this is not a variance application at all. This is this is an S ups, especially used permit the heliports a little easier to understand, because it's public safety and so on. This one is probably a little bit less easy to get your head around. What the What the standard is. U but TMZ had their view on what the standard was. And I see Councilor Flores with Canada. Quizzical Look on your face. Are you done? Dr Pitts? Okay Councilor Flood is thank you, Madam Chair and thank you, Dr Pitts. Yes I'm have a quizzical look, because I'm quizzed. I mean, what is this really mean? Special Use permit, allowing cannabis dispensary retailer within the required buffer. Distance to another cannabis dispensary retailer. So at y have to retailers. And it's within the Can You explain that to me? Mayor for Tim about mean on this vote means that you leave the decision. We leave the decision of the PNC Incorrect, correct and their decision to% was to issue the special use permit. Yes they found in their findings of fact that there was no Undue impact on neighboring properties that was not contemplated in the In the great , Okay. Thank you. Okay Thank you for the clarification Thank you, Madam Chair. Um Dr Pitts. Let me ask you said pains he had their interpretation of what the impact meant. Can you share with us? I Adam was there I will let him Was there. So essentially essentially the justification for the vote the way they voted was, they felt that it should be treated like any other business , you kno. One burrito shop next another breeder shop that that's the way they were saying it. They felt that you know it's capitalism, allowing them to go there. What happened should have negative, minimal impacts, considering also As the original applicants stated. It's kind of it is retail, but it's a different type of retail that there will be doing there. So that is essentially why they voted to approve. That's why they felt it was it would have minimal impact is it's It is retail, but it's just a slightly different version of retail for cannabis. Thank you and. Help me understand what other impacts to neighboring properties could we consider Sure. Paper attended. Some other potential impact is like noise. Uh, you know, Not just olders. Uh um Potentially, uh, That's covered by coats and all night light pollution because they need to follow the outdoor lighting ordinance, you know, impact of, you know excessive amount of traffic, potentially different things like that could be could be taken under consideration as well. Thank you. Plant ther moment. Yes, Mayor. Okay, so. I can Google this So now across the street is Organs Mountain Canada, I think Yes. Okay with who's the company wanting to I wanted, especially is permanent. 16 0 too long. Mr Mary, You're looking for the name of the applicant goingn here? I didn't hear that one. Mr Mayor, Mayor Pro TEM area the it is, uh , euphoria. Goop isn't enabled this company. Okay group. Repeat it. You kind of my apology Euphoria group is the name of this group. Okay So let me just okay. That's fine. So let me just say Put record I will be voting here which would basically not allow this because in my opinion The And the impact To a Mhm brand new business with a brand new industry. That would definitely impact their their ability to generate revenue needed to sustain the bill. So that's where that's my findings back. And that's why I'll be voting here, which would deny that Yeah. Special use permit, So I just wanted to get that and I just want to verify that with Christine's, but yes vote would size the special use permits. Is that correct? Yes So, yes. Vote Sorry I'm gonna marry. I'm sorry . I'm going to step on you. It means the two stores can't be by each other. A no vote means the two stores can be by each other. Thank you. That's what I thought. Okay, I'll be voting in Find the fact. Thank you. Thank you, Mayor. Okay? Okay? Oh, I'm sorry. You're right here in front of me. I'm so sorry. Yes ma'am. Uh good evening, Madam Pro TEM and counselors. My name is Mario Jimenez. I'm with high horse cannabis Company and I'm sitting planning and zoning commissioner for Dona Ana County. The City and Planning Zoning Commission has reviewed the merits of the S U P and concluded that the applicant followed all proper channels to operate resulting in the approval of the S U P Earlier today. We heard from city staff that to date all s ups have been approved. And this s U P before you should be treated should not be treated any differently. As also mentioned today. We do not limit competing businesses from operation other markets such as fast food pharmacies such as Walgreens or CVS, Within your packets for this agenda item. The appeal mentions protections for the industry surrounding the governor's intent of the passage of the legislation. The intent is to protect the consumers and the market and also want to clarify that the governor in office during the time of passage and currently in office is Governor Michelle Wuhan. Grisham, not Governor, Susana Martinez. The intent of the legislation was not designed to protect a single business again. It was designed to protect the consumer. As the candidates industry continues to grow, there will be more competition competition that benefits the consumer sales continue to do well and grow a new Mexico and here in Los Cruces not showing any slowdown of the industry. High horse cannabis prides itself on providing alternative medicine and providing I'm sorry I'm providing alternative medicine to consumers and supporting responsible growth of the industry. That is precisely what this vote is about responsible growth growth that is following councils existing ordinance for the operation of the Cannabis Retail Store. I urge the council to support the property vetted and approved. S u P for resolution. 23-1 34 Thank you, madam. Thank you. Okay Anything else? Council. Okay, Christine. This is on the motion to approve resolution 23-134 Councilor Abeyta No. Councilor Graham. No. Cancer Bencomo, no Cancer. Korean. Councilor Florida's pro TEM Yes. Mayor. Fails. Okay? 8.5 resolution number 23-135 I nda . Motion made by Councilor corn second by Councilor Abeyta. Hi, Robert. Good evening Mayor Pro TEM councilors Robert Nunez, interim director for Parks and Recreation. This evening will be going over our our. Parks and recreation fees and charges and facility used policy for our parks and recreation department with me today is our deputy directors Miss Claudia Chavez, interim director for Youth Services, Mr. Franco Granny. Oh Parks, deputy director and Mr Phil Cat, NAC Recreation Aquatics deputy director. And they will be going over the Change some of the changes that we do have within our fees and charges and our recommendations for facility use updates includes all of our facilities that we oversee our parks and programs that are withinhedepar, this will be effective. Um Immediately. And first off will be miss Claudia Chavez. Mayor Mayor Pro TEM and Council. Claudia Chavez, interim deputy director for youth services. Let's see. The out of school time programming. We have the after school program for fall and spring semesters. They roughly go 90 days from 2 30 to 5 30. are asking for that $100 semester fee per child for our summer recreation program. It goes 26 days, approximately from 7 30 to 5 30. PM We're asking for 4 $40 per child and camps during the lost Cruces public schools Spring and fall. 7 30 to 5 30 approximately 10 days we're asking for 20 per child cap v, a fielder memorial safe haven, weed and seed program and team connection currently do not have a fee. Um the proposed fees will meet the 25% recovery rate as an incremental Recommendation as we come out of covid from a $400 free that we had in the after school program to the 100 of the summer recreation program was set at 200 per session. We're asking for 40. The camps were at 100. We're asking for 20. Currently we have 450 to 500 Children in the after school program to include team connection and weed and seed out of school time programs that we are servicing. And during summer wreck. We have three sites that we've increased our, uh 60 attendance participation to 70 based on the need to approximately 303 150 students youth in those programs. The other school time programming for families also in need. We offer a youth scholarship program. That program is based on residency and financial nd . There is an application that goes off the new Mexico health and human services Income eligibility guidelines, and it is 120 per child or 240. Household in a fiscal year. We also work with families for installment payment plans, and those are reviewed on a case by case basis and arrangements are made for either lump sum payments or monthly broken up to work with the families and the community. The application for these is for athletics programs, all the league sports leagues. Camps Summer Rick and swim lessons. Okay? Next up. We have the park section and I'll stand for questions at the end as well. But in charges policy. Good evening, Mary and board members. Franco Granny Oh Parks, deputy director for the park section. Some of the items will be talking about tonight or just the highlights of what we've changed. Not much change in my areas, but weid he a w So if you'll see the presentation mentions that the request for the use of following parts for community events and they're not limited to these parts that parks such as Apodaca Park Desert trails, Johnson Park, Klein parka, womens, Pioneer Park and young Park or a major community areas where people like to hold large events. We were asking for $250 deposit basically to get a confirmation and a commitment from the organizers because It. We booked these events out quite a bit of time in advance, and it takes a lot of city resources and time and staff to get these events put on They'll work with traffic with streets with us here in parks and sometimes even facilities in order to get electrical to places where it sometimes may not be available. So that's $250 for you will cover a lot of that and get it. Um uh, I guess, uh, set up so they can start planning their event and there is no it doesn't . It's not an additional fee. It's included in their charges. We'll also be discussing New league and tournament deposits are not in good standing feed, because we do have organizations that it's very hd to get payment from or they don't pay at all times. And I'll talk about a little bit of our tree and bench memorial program, which we kind of discussed a little bit earlier. The next slide will have a little bit. Uh, some numbers for you to look at So again, I mentioned the community event and park rental set up. This is mainly for Renaissance Fair Pechanga this spring fest and car shows that would rent young part for an entire day to include the parking lot and all sections of the park. Um for example, charges young apartment entire days, roughly $1200. They put down 250 to get their event set up with us and the permit in place and then they will continue to pay as the event came closer or they pay out and a lump sum as the event took place. Um our new league in an established organizations, Um We feel that a lot of leaks and come into our city because we have good fields, good facilities, and we have one that's all bunched together with a lot of leagues and organizations like We want a new league in organization will come into want to use their fields. We make sure that they put down a 50% approved permit costs again. That way they show commitment, and we're not making it easy for new leagues and tournaments to come in and displace our locals because sometimes our locals don't have the revenue that these new leagues organizations, too, so we want to be fair with everyone. And the parties that are not in good standing that covers. Um again. Some organizations are very difficult to get a hold of that times and to receive payment. They'll ask us open a an online payment window for them, and sometimes they don't make it. We have some leagues and organizations that base themselves out of California but have a local P O. So for a little while, they were considered local, but we caught on to that. So we make sure that we get those payments upfront. Or um, if they're not paying us , we make sure you collect the entire entire fee. Plus 50% of their upcoming event costs or permit cost. And finally would be the true dedication and dedication and bench memorial program. We were looking at making these changes in roughly 2020 2019 because costs for a bench and three and plaque we're going up back then. We were looking between 16 100 back then, and we were charging 12. So we were using our maintenance dollars in our you know our daily supply funding to cover some of these benches and You know, And in my opinion, I don't think it's good stewardship of city funds to place it on one person's bench. You know, we've got to get these items paid for in full. And we were increasing from $300 to 500 for three purchases and planting and from 1200 between 12 and 1500 to 1825 100, depending on how nice you nt t bench to be, um 1800 will get you the basic expanded middle 10 on black frame bench with the plaque on the back roughly at two by four sized plaque. And if you want to really nice bench, that's um Has a little bit different design a little bit different of amounting setup, and that'll cost you up to 2500. And it isn't for us to make any money that's just for us to cover costs. So, um, I believe Phil will have the next slides alternative to fill. Good eveng, Phil Kent Knack. Deputy director for Recreation Recreation Section. The fees that were Changing are very simple and this go around. We're transitioning away from a punch card system to a debit system. So if you look at your fees and charges, there's a lot of marks. We had a punch card for fitness classes. We had a punch card for weight room. We had to punch card for lap swim. We're going away from that and going to a basic debit system where you put an amount of money in and you feed off that money, so Youanspu can use that same debit to do your fitness class to do your lap swim and it takes away the redundancies and it gives you a little bit more flexibility as a user, So we're transitioning away from the punch card system to the debit system. And that's more for customers just to be a little bit more customer friendly and easier for us to track on our new record track system. We are also asking for a $5 increase for our various youth sports leagues and community education classes. We have not raised our leak fee since 2012 and we're going from $35 to $40, a league for individuals who already have a uniform and from $45 to $50 for individuals. That want to sign up for the league and need a uniform. So in our leagues, we give everybody the same uniform to keep If you see another league Some teams have very fancy uniforms. Some teams don't have uniforms at all. Those uniforms can be very expensive. We've cut that by purchasing the uniforms in their flip, so it's either a white or a blue If you're the home team, your blue If you're the await team, they're white. It takes away the need for uniforms and it gives everybody that equal setting. So we have not increased that in 10 years, and the increase is basically to pay for the cost of the jerseys and the cost of staffing and officials that we have for our youth leagues. We are also increasing $5 for community education classes, which include Uh, CPR First aid lifeguarding. And those fees as well. We're not gonna make any money off of that, but we're increasing to pay for the increased cost of processing to American Red Cross and for the learning material from American Red Cross, so it evens it out. And finally, uh, we opened our new 50 m community pool on May the 20/7. We haven't brought the fees to you in a while. We talked about it in prior work sessions. But we're going to give you those fees. So to get the fees for our new aquatic center. We worked with all of the different agencies around our partners in different cities arou our area. Hobbs Tucson, El Paso. Uh, Santa Fe, Albuquerque, NM issue So the fees were keeping basically the same lap swim will continue to be $2.60. Plus is $1. Our fitness swim will continue to be $2.01 dollar for seniors. Open Swim will be $3 for 1 to 17 and $4 to Uh, 18 59 year old. That's equal that we do at the Regional aquatic center, and here's where the feeare a little bit tight to our new pool. Lane. Rental fees are going from $4 at Fringer pool, which was over 60 years old to $11. Lane fees for 50 M will go to $13 if your commercial group bringing in if you want to rent our facility. And you're a profit making agency wanting to rent will go up to $50 because a lot of professional groups will come in. The one to rent our building. Take it over. They'll charge private lessons there big businesses. They're not not profits, so That fear is $50. We also have a nonresidential fee because a lot of Swim teams, Tournament teams group teams for all of our different events come from El Paso because they know we have great amenities and they want to take a advantage of our lower prices, so it's a little bit higher than we have for our nonprofit in local people meet rentals $175 per hour. That's cheaper than the Area quite a bit, and we go up to 700 for commercial because again, those are those groups from out of state out of the area that are coming to our facility to make money, and they understand that fee and they'll be willing to pay that fee and it's basically what we're doing in Albuquerque and what they're doing in El Paso. And then 220 for those groups from El Paso that want to come in to use our facility. In real quick how we set these prices. Uh we met with a consultant. Uh Councilman Hunt sucker when we started our Vision for this new pool. I think at the time when we started this vision, only Councilor Gandara and maybe Councilor Flores had been involved. We did an economic impact. Study with Francisco Polaris from our economic development team who is here at the time. Ah we got suggestions for prices for lane rental fees for swim meets and in all cases , where a little bit under that because we know it's a shock to go from $4 to $11, so it's still reasonable fee. There's the opportunity to set prices through M O U. S and agreements with the public schools and maybe swim teams. That's a little bit separate frothis but would be not part of our fees and charges. Uh and that's basically our big changes for this year's fees and charges and without L pass it back over to Robert. And if you guys have any questions. Mayor Pro TEM counselors with that that concludes our Presentation. Um And again yes, approved. No Deny. Amend or table And with that will stand for any questions. Thank you, Robert. Any questions? Councilor? Bencomo Thank you. I'm sorry. I forgot your name. Remind me her name. Miss Claudia Chalice, Miss Travis. Thank you so much. One question for you in terms of the scholarships. I know that you mentioned that there was some scholarships for kids that may families that may need that assistance. Where is that money coming from? Does that come from your parts and record budget? Mayor pro Tim Councilor Bencomo. That's actually all donations are doing donations coming in from community from the community. Do you mind if I ask how much is in that fund? There's 7000 in that fund. Wow Ando y Is it like annual annually? People are Donating to that, Robert. I'm to you, but I believe so its fiscal year Pro TEM Councilor Bencomo, So we've had private residents, Um private businesses, nonprofits projects and donate funds. This is carried over now. 2019 was a last scholarship that we did give out. Due to covid, Of course, our programs. Were revised and we were doing a lot of different things still providing some services tutoring mentoring, but you're still a much smaller capacity as we're coming back. And when requesting these, we do believe that will be getting Families to request those funds. Okay And with those funds, the scholarship program they are required to pay 50% and we will match that 50% Okay. Have you ever requested funds from the city from the General fund to help with that fund? No, ma'am. U maybe that's just a little handoff to the city manager's office. I think that An important scholarship fund. I think that you know, the services are critical for so many families, and so if that is a steady that we can do, we should definitely try that. Great And then my last question was for the last part of the presentation. Um and funny enough. I Texted Congressman Vasquez and said, We're talkgabs literally calling me right now. A little flex for everyone. But it's because I remember so clearly that, um, this was something he was advocating for, um, significantly before. Remember before he left that this pool that this brand new pool Be accessible to everyone in the community. If you can go back to eight, I think it was slightly where you had the prices for the auditorium. I'm wondering, so the center is $2 for everybody. Currently. Mirror Mirror pro 10 Councilor Bencomo . Currently the regional aquatic center is $4 for open swim $4 for open swim, Okay, I is there wiggle room on this, I think, particularly for kids under 17 years old. I You know often, I think you've heard him many times. The coach, the boxing coach of crosstown boxing often comes here and talks about how there are such a little services for kids o this part of town and how even when we talk about new recreational facilities were talking about them being on the East Mesa and Um what? There was rumors on social media that that an editorial was only going to be open to professional swimmers and not the entire public. And I would personally like to see the natatorium. Be accessible to Children, especially curious if you did talk about the upper possibility of it being completely free or even a dollar , But I would like us to have that conversation. I know it's very late. Um but I just think it's important and I would like to make such Um Services easily accessible for kids who Who May want taxes that the poor Mayor, Mayor Pro temp Councilor Bencomo . Anything is possible. You guys are the Council set the prices as approval, but just to give you a quick heads up, it's a It's a 50 M community pool, which means it's 4 ft to 12 ft, So it's a little bit different than our original aquatic center. Credible polls so That would be up to you. We have done a few things in leading up to this. We've met with the public schools and started discussion about Possibly bringing Each third grader fourth grade from all of our schools to get acquainted with our water to make that fee, either no fee or a reasonable amount of fee where we bring our instructors and start getting our community of Las Cruces used to water. We've also been talking about two Athletic director Vita Montes from the public schools about the possibility of bringing high school swimming teams from all the schools to participate as part of a school sport. So we've had those discussions. We haven't talked about free because. Were set by council to have 85. Cost recovery for youth sports 33% for aquatics and this new aquatic center to tell you the truth, and we brought it up , uh, during our planning and during our business planmeetingg to bring that much money and probably 16% or less. So that's something for you guys to consider. Lap swim, you could always fit. Four people on the lane. 15 lanes are usually set up at a time. So the max that you could have is, uh 60 swimmers, which is bringing in $120 so not very much money, So something for you guys to think about. Like I said, anything is possible. I'll leave that to you guys as the policymakers, bute always when we do sports, and when we do, uh, activities we want to make sure that there's Buying from our community and when they say by and it means that they They get involved with with when something is always free. It takes care been taken advantage of quite often. I don't think so. Quite disagree. I think actually, the zero fair bus transit is a perfect example. Well I'm talking in aquatics. I think it might be a very good idea for our athletic leagues. If you don't pay for that league and you didn't pay to partipate The's a good chance you're not going to be invested to go to practice or the games. If you don't really want to. When you get invested by paying a fee. It changes that and that in athletic leagues for sure when you're committed to a team of fight, attend in open swim. That's a different story. So I will let you guys talk to them. I agree that it's an incredible place. Have you all seen it inside? It's I am not the Carter Center, often, not as often as I like, but often and I went in and checked it out the other day, and it was incredible. It is an incredible facility. That I want. Make sure that kids have access to and that they don't feel like they can't. I'm curious why The 60 Plus is a dollar a dollar and $2 so at our last fees and charges , 2019 Council decided that 60 plus every activity that we do is have price charged. $2. It's $1 if we charge $4 is $2, and that was set by Maybe that us Council But the previous Council, who said our fees and charges Okay. I would like to see the same fee charged for under 17 yearsld. I'm being honest, I mean, I I'm only one person so I the rest of the Council could disagree, But I would like to have that discussion. Thank you, Councilor Bencomo. Anybody else see Councilor about that? Thank you, Mayor. Pro temp. Yes I also like to entertain that idea, since this is not necessarily a quote unquote moneymaker as well, If doing the reduction to match that of the 60 plus A wel So the dollar Laps when dollar fitness and then $2 open swim. Just imagine it up. I think that would be agreeable. Um If I wouldn't have, um Entertain a motion for that. If. Can we have a couple of questions? Can we ask those questions? And then we can do the amendments? Okay. Thank you, Um Barber and. Staff Um tha you all for your presentation and for bearing with us, and with your patients were still here, Um, meeting I do have, um, a couple of questions about the weed and seed program. It's been near and dear to me, it has really changed the landscape right specifically for our area and district one Miskito start district in any others. I know at one time we had tried former Council to scale that out over in the East missile. We had actually started it. And then, um, I think just constraints with employees transition, that kind of thing. It sort of fell on the wayside. And so I get a number of emails about about Um , we didn't see program and, um , what we're doing to add to it and add more. There's always this fear that it will be taken away. And I don't. I don't think that will happen. But I have also want to express Well, not only my gratitude to that program, I think, but also expressed how important I think that program is to the community and the kids who live around there and what we could do to scale it out. I know there's been some discussion about that, but I don't know if it has moved. Um forward and Robert, can you talk a little bit about that Mayor Pro TEM and council members so we didn't cede program a fielder memorial safe haven located in the field and memorial safety. Even Has been in existence for 21 going on 22 years. Originated through a federal fund. Or sorry. Federal grant through Las Cruces police department. Um Numerous numerous youth have gone through that program have benefited from that program. We still plan to offer it as income income based and 90 to 95% of those youth or free of charge to that facility. Right now. It's 100% with with those with that information. Um we are still requesting funds from the General Fund to offer operations for we've increased our staff at that facility. Um, that is I'm not going anywhere. As as to the request of expanding it. We are trying to identify 11, not one Thing that we did do, um, is we moved our teens out of that building, which is now team connection, and we are utilizing Frank O'Brien Paper community Center as well as the East Mesa Recreation Center thisummer. That program has increased in popularity, so we needed more space, then to house them with the Kinder through fifth graders , So that has worked out tremendously. We are in discussions with quality of life on some other possible locations of expanding, um, programming for Kendra through fifth. We currently have seven sites that are lost Cruces public schools and we always entertain. Entertain um, opportunities to expand. Not only the we didn't see program but are out of school out of school time programs as a whole. We see approximately from kinder to 12th grade 450 youth every day at all of our programs, a seven at the schools. We didn't seed and our team connection, and so there's always opportunity to expand on that we have discussed with principles at the schools. Um internally, um wi. A building possibilities. Benavidez Community Center. Um and any other location. We've even had discussions of trying to house them within City hall after hours to utilize possibly the computer lab any opportunity as possible to don't want to say get him off the streets but to allow them To interact socially have services whether it's Internet. WiFi Um we have a beautiful gaming room at Frank O'Brien. Papin for those that game. I'm not. I'm a little past the gaming, but but the I don't like to call them kids, The youth love what we have to offer but to expand on those services such as we didn't cede. We're certainly always looking for other locations. That's good to hear in. And do you have an amount specifically that you're looking at? Because it sounds like you have a few conversations going on with the various principles and such And maybe this isn't the time I would agree that it's late. Probably wanna schedule a different time to have this conversati. But I believe that a lot of our programming, especially With the amounts even at $100. It's so unattainable for many of our Children in community in neighborhoods like well across the city. Frankly you know when we're half 34% poverty rate in my community or district concert grams district, we know where they're at and To do that. 50 50 just seems Ah, ud like you I want I want our kids are used to fill Children to feel like there is an alternative right that you know if you keep them busy and learning and with a mentor, where we're more likely to keep them, you know the straight and narrow if you will. And I know you believe in that so I'd like to have a additional conversation about looking at different funding Grant opportunities with their grants department. I think there is a lot of course, grants out there that we can do some substantial stuff with folks with our kids moving forward, and then I also agree, um, with Councilor Bencomo. I want our all our kids to learn to swim and be just familiar with the water. Like so many kids do not have that opportunity, and I like to have future discussions so we can have specific. Um Meetings related to that and what it would take to have increased that fund that slush fund if you will, the scholarship fund. I think I think there's a number of ways that we can do that. I don't think everybody knows that, Um And so with that at all. I was going to say it. Turn it back to mayor. But I'm the one presiding over the Yeah. Councilor Graham wondering if we should discuss tabling this thinking to a date definite. I was going to make an amendment for those prices. Christine can you igh on what's happening on the resolution? And if we can do that at the moment? I was going to happen, Phil. Clarify as we were trying to, um, read the resolution and figure out where it needed to be amended. So he said he was going to clarify for you guys first, and then I'll come back. Thank you. Okay protein, Council members. So for the open swim, which you guys mentioned, you like to go down to a dollar or free a dollar, or have you mentioned That is tied to not only our regional aquatic center, but to our outdoor pool, so that would be across the board for those pools because that's where it's laid out in the fees and charges. It's not laid out only in the natatorium so That's one point of clarification. And the regional aquatic Center. Open swim is a little bit higher than the outdoor pools and what we had said at the editorial. So. I guess I didn't understand that clarifies what it's reading ordinance. Excuse me the resolution and whether we can table it for a date certain and I think that's what we should do would be my opinion. Sounds good to propose a date as well. Yes we can table it so that we can make it. We can clarify and make sure that it's understandable when you guys get it back. If you want to date specific, you need to choose a meeting. Okay? Like a month a month. How much time do you need? We could have this Madam Chair Mayor, Pro TEM Council members. Whenever you're ready If you wanto brg ts back in a month and a few weeks where this will be a minimal change, The only thing different is our fees for open swim and lap swim or set. Under general swimming under the Negatory, Um so we'll have to clarify that for you guys Good. We're not. We're not off that day for probably often. No, as of right now, No. Okay Great. Then I moved to table to date certain of July 3rd 2023 2nd there. Can we start out But just clarify point of clarification. Christine I want to make sure that that weed and seed in the grants and the funneling the scholarship all that is also tightened to this as well. And so is that time for you to get everything together, Robert. I'm actually in discussions with our grants office. We started last week on a couple of grants we've found so I'm talking with Susan. Cool. Okay, Very good. Alright Just have another sorry point of clarification support tabling it, But I do notice that the resolution says pasta cost recovery for aquatics. It seems like you're trying to ascribe to that to live up to that. But you're saying generally we don't So it seems like we should change the original ordinance that said that if we're going to change up the fees, I would think Sorry. So that's my question is, are there any things that we need to look at? That are kind of deeper, more historical that are beyond this because it's putting parks and rec in a weird place to have to try to make money to something that we can't do. Y Go ahead. Thank you. Mayor. Pro TEM. Members of Council Sunny Delgado, Assistance team manager wanted to step in really quick to talk about that 33% So that has been set. It's been there for quite some time and aquatics has never hit 33% And the reason for that is because it costs so much money to make sure that pole stays in all the levels that needs to be at with all the chemicals, all the staff that's needed. And our community won't pay that to go to the pool. So because of that the fees have always been adjusted to buy. However the community was feeling councils feeling at that time, and so we're nowhere near that we haven't been for years. Um so could you adjust that? Absolutely. You could absolutely adjust that. And then just one other point I wanted to make I know that directors have fees right now. They are utilizing so tabling. It won't hurt them. They will be able to use that they do have language within the resolution itself. Currently that allows them to operate in case they need to start something new trying new pilot program So they'll be okay to that way. They have plenty of time to Come back with whatever information you are requesting. Thank you. That's all right. I just didn't want us to keep something on the books that were just never going to do because that seems kind of silly to me. So I guess, just ignore the 33% thing like you've been doing gambling. Okay We're good. Council corn. I think you make a great point, and we should really, That's it. When you're considering this, we should really consider those percentages and meet those. Whatever a realistic goal that we said We shouldn't have this on risk. If that's happening, you should come back to us and say Look, we missed the mark. Council You Mr Marco will take responsibility, but we shouldn't keep Keep this up. It needs to be changed. Mayor Pro TEM Council members these fees and charges in these percentages that we set their goals that we set as a department. 33% is basically an aquatic Kind of guide across country wide. We're always trying to strike for that 33% We do want to have some kind of percentage in there because we do want to strive to increase our business to increase profitability when where we can . So if it's set at 20% of its Senate 15% We do want to have some kind of goal to strive for, so I'll meet with my stuff and we'll try to set that. Thank you, Phil. Okay We have a motion on the on the floor with the. To table it. Two dates on July 3rd . Yes. Okay. Christine. This is on the motion to table resolution 23-135 to July 3rd 2023 Councilor Abeyta. Yes Councilor Graham? Yes Council Bencomo? Yes Councilor Creon? Yes Catherine flutters. Yes Pro TEM? Yes. I don't know if he's still on. Okay so he's absent. Thank you. Thank you, Christine . Eight points and Council number number 23 does 0 to 7. I need a motion and a second move to approve Graham. Second Abeyta motion made by concert. Graham second by concert, Abeyta. Okay Thanks for hanging with us. Erica You're welcome. Um good evening Mayor, Pro temp and council members. Erica Hockey's treasure. The ordinance before you is to authorize execution and delivery of a loan agreement with the New Mexico Environment Department and Imedi. For the expansion and improvement of wastewater infrastructure. NME D clean water State revolving fun offers low interest rate loans for water and wastewater, capital and infrastructure projects. A resolution was approved by the utility board on November 22nd. November. 10th 2022authorizing the submission. Of a completed application for financial assistance. The anti anticipated closing date is July 14th. The loan is pledged with revenues. It's a subordinate lean on the net revenues of the joinutility. The loan amount is 16,916,000. With a subsidy grant amount of 227,240. The maturity of the loan cannot extend beyond the agreed upon useful life of the project and the interest rate not to exceed 0.01. The project's anticipate to be funded with the loan and grant with the loan proceeds and grant funds is wastewater system improvements that Jacob Hands wastewater treatment Facility Isthmus, a West waste reclamation and extensions of sewer collection systems. Now I have the options before you and I stand for any questions. Thank you, Erica. Any questions see none. Public comment. Okay I have to ask. Okay. On the motion to approve Ordinance 3033 Cancer . Abeyta Yes, Council Graham? Yes Council. ngkok Yes. Councilor crown? Yes Photos? Yes pro TEM and mayors absent. Okay 8.7 Council Bill number 23 0 to a. We have to suspend. Suspend the rules now, Christine. Okay We have to suspend the rules to combine both of these 8.7 and 8.8. Councilor bill number 23-02 nights. So moved coin Second Counlor Mother can't course Second by Councilor Graham Erica. I need to do real quick. Really quick. I'm sorry. No, you're fine. It's late on the motion to discuss Councilor Abeyta. Councilor Graham? Yes Council. Hong Kong? Yes. Totally going to turn out the lights on us, You guys? Yes Floated? Yes Yes, the mayor's elephant. Good evening again. Erica Hockey's treasure for the record. The ordinances before you is to authorize the execution and delivery of a loan agreement with the New Mexico Finance Authority for the financing of flood control and street projects. The New Mexico Finance Authority offers lower cost financing for capital projects. Their rates are determined by the city Credit credit rating. The city has a debt cycling program for flood and street projects. The cycling program provides consistent funding for projects without increasing the debt service payments. City anticipates to receive the loan proceeds on July 14th 2023. The loan details. The pledge revenue sources for the flood control loan is the fifth one quarter percent increment of the municipal girls receipts tax. The last time the city obtained along for flood control projects was in 2020. The loan amount cannot exceed 3.1 million with maturity no later than June 1st 2036 and the interest rate haste more than 12% with an MFA feel less than 1% of the loan. The loan proceeds will be used to fund flood control infrastructure projects. The street loan is pledged, with the first one quarter percent increment of the mgr T The last time we cycled this lawn was in 2020. The loan amount cannot exceed 5.1 million with maturity no later than June 1st 2037. The loan proceeds will be used to fund street improvement projects , including related repairs to curbs, sidewalks and drainage necessitated by this this street modifications. And that is it. Thank you, Erica. Any questions? C no public Yeah. Okay. Christine. We need a motion and a second approved resolution 8.7. Motion made by Councilor Grand second by Councilor plodders. This is on the motion to approve ordinance 3034 Councilor Abeyta. Yes Councilor Graham Councilor Bencomo. Yes Cancer. Crayon Yes, Councilor Flores. Yes Mayor Pro TEM and the mayor is absent. Okay they'll approve resolution. 8.8 G. Seconded corn. Christine. This is on the motion to approve ordinance 3035 Councilor Abeyta Cancer. Graham Yes, Cancer Bencomo World. Yes Councilor Korean. Yes Council flutters. Yes Prothom? Yes, and the mayor's absent Okay board appointments. No, There's too we need, Um, individually correct, Christine. You need to find it here. I have one. Moved to approved Doug Butler to the capital Improvements Advisory Committee. Second Graham Christine. This is on the motion to appoint Butler to the CIA. E Councilor Abeyta. Yes, Councilor Graham. Yes Councilor Bencomo role. Yes Councilor Crayon Cancer. Flores Yes, pro TEM and the mayor is absent. Motion to primacy of value Public housing authority. Monique Las best It's a new appointment. Sure. Move to a proof. Second corn Christine Sun the motion to appoint unique Lopez Macia Valley Public Housing Authority Cancer Abeyta. Yes Councilor Graham? Yes Councilor Bencomo? Yes Councilor crayon. Yes Councilor Flood is yes, TEM. Yes and the mayor's absent, Okay notice of proposed ordinances. 10.1 Council bill number 23 03 to bring it forward. Thank you, Councilor Flores. Council Bill number 23 033 Last number 30 39 forward Councilor plotters Thank you and 10.3 Council Bill number 23-034 it forward. Next City council member part reports and comments do I even dare? Okay? Hi. I have a couple of things. I know. I So do I saying No. They're saying no. But okay, I'll go forward. I'll hurry up. So last week on Thursday, May 30 was it made0 or whenever it was last Thursday ? Um the real New Mexico. Um Last, Cruces was launched the new motto, the new branding, and It was absolutely wonderful. Um so. All the stuff, says the Real New Mexico last Cruces. Alright um I want to thank Karina Oberman her piece in the newspaper A few days ago, she was really lighting the city f the public transportation available to her when she was injured and couldn't drive. And after I want to add that she wasn't aware of the South Central Regional Transit District. I think a lot of people aren't but that one not only connects our city, but it connects us to different parts of New Mexico, Southern New Mexico, as well as Al Paso, Texas, and, um So. Um uh, city manager to look into the issue of backyard breeders. Um there is a high power. Uh stat at the at the Animal Service Center. And I think that, um what is contributing to that is the breeders who are not licensed and are exploiting that. And being very cruel to animals. Also presentation if at all possible on traffic calming in the city. Um I have a lot of, uh , we have a lot of speeding in the East Mesa. And I get telephone calls, comments and all that from my constituents. I'm sure it's prevalent throughout the city comma and lastly, on the comments by a constituent who said she wasn't able to get treatment, um, and indicated that Memorial Medical Center and mountain view Hospitals are for proud only So , um, you know, I think we need to look at universal Health care is something that we brought up several years ago. And a lot of people. Uh we are in dire need. A lot of people don't qualify for Medicaid. And anyway, um, the national health service in the UK has been successful, and perhaps we can model the ours after that. That's it. Thank you, Madam Chair Councilor plot is I do want to say Since I got back past is speaking on our um or the Citizen Review board and request. Community policing from Century 21 policy policing should be adopted as a philosophy for the entire police force. It adopts things and hang on trust. Legitimacy Policy and oversight, technology and social media, community policing and crime reduction officer wellness and safety. I think when we have a really well resourced team When I say that I mean looking at Root causes to what is happening in community. Um, around crime. I That means addressing poverty, are mental health. Um and I think we all agree that that's something that we need to do. And I will we have this week with the Public Safety Select Committee. I have committed to looking at ways to open up Public Safety Select Committee. To the public. Um. And will be having those discussions will also be looking at Reviewing the Oi our contract and Council Korean made of wonderful suggestion about Involving Oh, IR when there is a police shooting, fatality, and you all to know that I've heard that I've heard the community and I'm going to try to, um. Diligently to come up with a compromise or something that we can all agree with, because I heard very clearly. That there is a lack of trust of police, transparency and accountability . And I want to say a big thank you for our to achieve Dominguez for putting the Town hall together, but I'd like some more notice to go out would be very, very helpful. And with that I will turn it over to Council court. I have no rights to talk to anyone anymore. I'm so sorry I stepped on your right Council Bencomo have no comments today. Thank you, Council Graham. I'll save it till I have more juice. Councilor Abeyta respect for staff time. No no comment. Okay, Connie. No comments today. Mapleton. Thank you. Okay We need a motion to adjourn removed . Graham Second, Abeyta made back cancer. Graham second by Councilor Abeyta, Becky Chris Chriine. I don't mind being called Becky. This is on the motion to adjourn the meeting. Councilor Abeyta? Yes. Cancer Graham? Yes Councilor Bencomo? Yes yes. Councilor, Florida's. No I want to stay here. I'm sure. Yes pro 10. Yes and the mayor's absent. Thank you.