foreign thank you foreign [Music] good afternoon everybody Welcome to our third regular council meeting I'm Cassandra Gandara mayor Pro tem and I'll be presiding over um this meeting today if you would adhere to the ground rules of our meeting I very much we would all appreciate it now if you would stand so we can say the Pledge of Allegiance of America emphasis I would also like to give my gratitude and thanks to fire and police for all that you do to keep us safe in our community thank you thank you so much and I'd like to hear about your Chief Dominguez you had a maybe an event or is it coming up coming up okay good good good and we'll talk about it later thank you okay um pets of the week Amy is Amy around hi Amy come on down we'd love to hear about the pets that will be highlighted hello my name is Amy De Felix I'm one of the rescue coordinators for the Animal Services Center of the macia valley and I will present the pets of the week foreign work sessions I had to do this last time work sessions did we get it yes there we are they're the Beauties so we will start with our cat of the week his name is Bert his ASC number is 58037 and he has to say I may be an older gentleman but I'm just as deserving of a forever home as a young kitten is I'm a very sweet boy who unfortunately lost my original home but I'm still holding out hope that my forever home is out there I've lived most of my life with other cats so with proper transitions I can join the perfect family that will spoil me for the rest of my years oh and he's about seven years old a buff domestic short hair he's he's very handsome and our dog of the week her name is Rapunzel her ASC number is 52972 she's about a year a media mix about 40 39 pounds in that beautiful uh light brindle color and she has to say I'm a very sweet girl who absolutely loves getting belly rubs as you can tell from her two auxiliary photos I'm always excited to meet new human friends but I might be just a little bit picky with dog friends I'm very adventurous I know how to climb so my ideal family will make sure I stay secure at home and not accidentally get into trouble in danger I should probably be on a leash at all times outside but that's the perfect opportunity to go out for a walk and we do have an adoption event um this Saturday the 25th at OfficeMax up on East Lowman around 10 a.m to 1 p.m so we encourage everyone to stop by and meet some of the the dogs we'll bring for adoption thank you thank you so much Amy I appreciate you being here and speaking to the pets of the week as Vice chair newly elected vice chair to the Animal Services Board we hear once a month just the high numbers in our Center and so I'm looking to the public and those on TV to think about adopting your Forever pet so thank you Amy of course thank you okay next up is gazelle palomares for jobs of the week good afternoon Council my name is Jose palomares and I'm with New Mexico Workforce Connection for the jobs of this week city of Las Cruces is hiring a project manager for the airport that pays 60 087 000 a year open until filled White Sands Missile Range is hiring a deputy director of emergency services that pays 98 000 a year and that closes February 28th families and youth Incorporated is hiring each clinical supervisor and that pays 34 000 or 61 000 a year depending on experience and that closes March 10th DaVita HealthCare Partners is hiring a patient care technician that pays 28 000 and 43 000 depending on experience and that closes May 10th uh tremco Incorporated is hiring a commercial roofing technician and that pays twenty dollars or thirty three dollars an hour depending on experience and that closes May 10th as well and Equus Workforce Solution is hiring a youth accounting specialist and that pays 26 000 or 43 000 a year depending on experience and that closes March 10th to connect with New Mexico Workforce Connection you can always call them at 575-524-6250 or visit them at 226 South Alameda Boulevard or you can always go online to www.employingm.com or you can always download the app as well thank you thank you so much okay we have no presentations or proclamations this session so we have a conflict of interest that statement if is there any conflict to the agenda or known conflict between Council and staff done Graham none no no thank you Phil none for me thank you okay and next up is public participation I will start on my left and I'll give you three minutes and um because the podium is in the way it can't seep at high Dr Nissan please come up to the podium and IFA will be doing the timing per mayor Pro tem and city council my name is Dr Earl Nissan and I live in Las Cruces since we have two law enforcement agencies in Dona Ana County we might compare them as to the results they deliver for us in terms of Public Safety and what it cost taxpayers for these services I am interested in comparing the Dooney and a sheriff's department in the LCPD and what appears to be a significant difference in the amount of taxpayers money paid to settle claims to families and individuals for police shootings and misconduct as I understand that the Dona Ana County Commission has not in four years had to make large payoffs for claims against sheriff's deputies while doing during the last four years city council has had to issue millions of dollars to settle claims against LCPD so then I can with the evidence-based approach study these differences I am requesting from the Las Cruces City manager who is by the city Charter responsible for LCPD the following for the number one for the past four years the listing of the claims made against LCPD and paid for the total amount number two total amounts of money paid to settle each claim three the disposition of officers involved in the incidents that led to settlements of the claims and for the amount of money spent on the premium for a liability insurance for the past four years I am asking the same of the Dona Ana County Manager by comparing the two law enforcement entities data that I am requesting we might be able to ask if the difference in claims between the two result from how officers are trained and managed since we do not have a great deal of transparency from LCPD it becomes apparent there needs to be some type of community review of the policies and actions of officers I support police who observe appropriate codes of behavior and Show excellent decision making while on duty we need these policies and officers for creating our Public Safety thank you thank you Mr Neeson or Dr Neeson excuse me so that was the first row what about the second row good afternoon Kathy Stark with Animal Advocates for change hi Miss Stark how are you back again I wasn't able to attend the last city council meeting and I know there were other members of aafc that spoke but later that day I watched the video and I was really pleased to hear that there's going to be a joint meeting with the city county asemb and aarc regarding spay and neuter needs in the community and I look forward to when that scheduled however there were statements made by the mayor and unfortunately he's not here so I will have to email him my comments that caught my attention before and since August or August 2021 when the city passed chapter 7 members of this Council stated that the TNR portion of that chapter was to be presented along with a budget for the program I and others have stood before you several times asking that the city honor their commitment to TNR and have provided the option of funding a voucher program to help residents reduce the community cap population in recognition that the ascmb has only one bet to date there hasn't been a budget considered or allocated the exclamation or excuse provided by Mr Enriquez for the current fiscal year was simply illogical and now it sounds like there's another illogical excuse for not funding the program and I ask that you refer back to the language of the ordinance itself aafc is aware that the ascmv is governed by a joint Powers agreement the mayor stated that the funding requests for the program would have to come to the city and the county through the ascmv board and their annual funding request and that the county would have to agree to pay half of the cost there are several problems with that statement first the ordinance reads the city should provide funding annually as a part of its budget for affordable low-cost spay neuter procedures it goes on to state that that funding could be provided directly to the asemv or qualified non-profit partners that could provide or coordinate such activities between residents in our Veterinary providers there's nothing in the ordinance that states the ascmv is responsible for the program or that the program funding must or should come through their annual budget request without including the ascmv board you used your legislative process to Institute a city program that was then dumped on the shelter and as the subcommittee worked on the policies and budget we all saw this coming and we spoke several times to the council pointing out that this is a city program it is not an ascmv program the mayor stated the county would need to be on board and pick up half the cost if we're talking about a broader spraying spay neuter program that statement is correct however for the TNR portion of the city ordinance the county really has no role to play the county already funds their spay and neuter voucher program in the amount of I believe it was up to 165 000. thank you Miss Stark your time is up just want to make a note this is spay neuter month and fixed by five months thank you that's our second rule anybody in our third row good afternoon my name is Diane Starbuck Roboto and I am a member of Animal Advocates for change did you know that February is spay and neuter month okay she just said it we told you guys last time so everyone should know that right um Albuquerque has mandatory spay and neuter ordinance and it cost 150 dollars to have an intact dog or cat it costs 150 dollars to have a a litter wouldn't it be great if Las Cruces had something similar Albuquerque takes their fees and uses it towards part of it they use towards low-cost spay and neuter since Las Cruces does not have mandatory spay and neuter kitten season is coming up very soon does anybody have a spare bedroom perfect place to foster a mama kitten mama and her babies and the beauty of it Mama does all the work and towards the end you get to play with the kittens so what what could be better than that okay so that's just one way that you all could help out and thank you very much thank you anybody else on the third row good afternoon my name is Donna Sim I'm also a member of the Animal Advocates for change I have some questions and comments for the city council members on 8 27 2021 you approved a new animal ordinance chapter 7. I'm here today to ask what you've done to educate the public related to the law as of February 2023 the city's Animal Control webpage has finally changed regarding licensure a provision that was eliminated in the new ordinance however the city's page on permits and licensure still States all pets are required to be licensed it's been 18 months it's probably time to update that City page as the second largest city in New Mexico we should be leading not lagging when it comes to education of the public on the requirements for care and control of companion animals when you look at the websites of other cities who are making progress in Companion Animal Care and Control they have useful reliable information and key provisions of their law providing readily accessible means for residents to understand the requirements for care and control that includes things like spay neuter frequently asked questions about licensure microchipping vaccination noisy animals proper care animals leash law pet sales animal cruelty reporting bites and abandonment care in control of companion animals is a growing issue of concern in Las Cruces as evidenced by the sheer number of animals going to the ASC MV every day and the police for help by residents on social media I urge the city to be proactive and step up your efforts to educate the public on the city's ordinance and care and control responsibilities from companion animals on your web page the city as well as ascmv and local organizations have a responsibility to educate the public I'm asking what it'll take for the city to step up your efforts in this public education process another item please refrain from referring to feral cat population problems the terminology tells me you really don't understand the issues many of the free roaming cats aren't feral there are cats that have been abandoned by their owners left to fend for themselves outside despite the prohibition against abandonment this is exactly the reason the ordinance refers to community cats versus feral cats I sincerely hope the council will take the responsibility seriously and act responsibility um regarding this significance concern and then I'd also like to say many of us who currently reside here are transplants from other states I come from Colorado where Animal Welfare is responsibly addressed and strictly enforced it would be beneficial if Las Cruces could step up and become a leader versus a lagger in this issue thank you thank you anybody else on the third row fourth row fifth major Pro Tim counselor and city manager my name is Juan Garcia Las Cruces son 20 February card Jack and he brought daylight it happened at 2PM Sunday as the victim was parked in a popular shopping mall 2 p.m Sunday popular shopping mall let's talk about priorities representative Romero Santa Fe in speaking about quote high capacity weapons stated quote we have seen far too many mass shootings carried out using this weapons so I did some research let's go to the sun three mass shootings in 2020 kill one in ninja 12 gun violence archives 2022 four incidents two killed 18 injured so let's compare with opioid deaths CDC drug overdose that 39 per capita and 26 of those 26 percent attributed to Fentanyl fire injury death rate 22.7 percent per capita every death is one too many so HP 60 increases penalties for fentanyl possession based on the amount of drug possessed HP 59 would make possessing a gun during drug trafficking a third degree felony in House Bill 57 would Grant immunity from litigation for alleged Democrats damages or injury for merchants who apprehend shoplifters all three were blocked by her New Mexico Democratic Representatives Las Cruces son representative Ferrari is concerned quote thieves might be injured if HB 57 passes and representative Romero is concerned quote the criminalization of this possession Fentanyl this isn't how to do that she said so instead we have Senators Hamlin steinborne that are intent on turning law-abiding citizens as individuals in this place in this Chambers into felons by outlawing current quote assault weapons handguns and quote high-capacity magazines when Sheriff Stewart was interviewed she stated how would we enforce that are we going to be stopping people and say give me your magazine I want to count how many rounds you're having the gun so you have to ask yourself if we're doing this for reasons of the greater good or we're just doing it to fill space end of quote this is similar to The Gun Free Zone in Cielo Vista Mall recently and we know how that went since representative kadena Ferrari Rubio and many others have refused to engage in addressing the number of crimes against their small businesses we decided to try a different means of communications I would like to enter this document into the record thank you thank you anybody else on row six seven row seven okay and if there's anybody on row eight they would like to speak why don't you make your way down please good afternoon uh council members mayor Pro tem and city manager peely uh I believe I'll be back here on Monday to listen to the re uh oir report but I thought I'd jump the line and get here now just in case it's a long line on Monday and some of you I've talked to everybody here has to be aware of the concern that we have in the community about transparency in terms of certain incidents where some people are concerned that the police used and I'm learning I need to be careful about the terminology but as a layperson I would say uh inappropriate Force I won't say excessive force I'm sorry can you state your name oh I'm sorry I'm Jennifer cry thank you thank you Jennifer cry I'm rich retired from NMSU so I went to the website this morning the city and went to the Las Cruces Police Department and there is a section that says uh LCPD transparency but underneath that you have policies and procedures fine I hope it's not as long as the 900 Pages at the county because Sheriff Stewart warned us about that but the only other thing was a public safety Community survey report results I don't see how that's transparency policies and procedures and the results of it of a survey there wasn't even a link to internal Affair reports but I did find them and I read the most current one and I didn't see anything in that report that dealt with incidents where there was loss of life so we are concerned about transparency we want to communicate with the police department we ask that they communicate with us I don't care if we call it a citizen's oversight committee I think that's probably not a good name but a committee a police Community exchange where we meet quarterly some way in which we can get some information and questions answered because the answers are not on the website uh totally different subject I drive by the Animal Services Center every day and it's beautiful and thank you for making that happen we just need to spay and neuter you already you all know that thank you thank you Jennifer good afternoon I think I'm still Peter Goodman I'll try to be brief a couple of things first of all I want to suggest to my friend Juan that we can fight fentanyl addiction and gun addiction as well as trying to have police accountability while treating the police officers themselves right police accountability has been mentioned I've talked individually with you folks and I know that you care about it collectively this city council whether it's because of the mayor or otherwise is not treating police accountability the epidemic of police killings questionable police killings as the riddle Earth that I think it is um I'll address briefly three small pieces of the picture one way one is being told that maybe we're not going to have the promised work session it's unclear but if we don't that's just plain wrong mentioned this to one of you but in terms of transparency at a point where the Sun News and I and others were having trouble getting video from people's uh video cameras the police officers the somebody at the police or somebody at the city put out a propaganda video to try to make it look like oh this wasn't a big deal it was kind of inept I'd be mad if I were a city councilor and I'd want to know who was doing that because it's just the opposite of trans of any kind of transparency or proper dealing with your citizens I'll also note for the record that I've made extensive efforts to try to have lunch or some other conversation with your police chief and he is either too busy or too frightened or whatever it may be but uh you know I tried for months and I'm still interested in doing that I realize I'm unwelcome but uh give it a try if you ever have a moment um I also want to say very quickly a recent column I addressed the fifth floor at MMC I hope that you folks have formally told MMC that they're in violation of the contract by not having the fifth floor psych ward open and you may will take action I'm assured that they are going to correct it I hope they will but if I were you I'd also get my ammo ready and finally leaf blowers are still the worst stupidest polluting thing in the world and your folks ought not to be walking around using them thank you thank you Mr Goodman anybody in the eighth row I think come um go ahead and make your way down and counselor Flores has a question for you Mr Goodman yes ma'am yes sir thank you so much Peter for being here today um I'm not familiar with that feel-good propaganda that you refer to where is it I I I'm not a uh I'll try to send you a copy but they put out a video Jose the city the city uh and I'll try to I'll try to track down exactly where I got it from and I'll ask the folks that's on news but basically it just sort of showed the police officer driving there and blah and uh it showed him yelling to put down the weapon but it stopped before the actual shooting and it basically it you know it's not necessary I don't know that it necesses anything specifically untrue or lying but the motive is uh no big thing and I'm just thinking when we're trying to get we people who are either news media or otherwise concerned citizens are trying to get the actual police video and see learn the facts somebody's wasting time doing that that should be the the officer's criminal defense attorney if he's ever charged but I will try to get you the more specific information if you could get it to all of us I can't speak for my colleagues but it'd be great to see and then to also determine the source of that thank you and thank you Mr Goodman and thank you all for being here and for what you do and I know that it's wearing thank you thank you madam chair thank you counselor Flores City councilors and mayor my name is Sarah Smith at the last meeting councilor Graham mentioned that there is no buffer distance required between cannabis dispensaries and multi-family housing areas such as apartment complexes while there is a 300 foot buffer distance required for single-family residential areas I'm asking that you consider extending the 300 foot buffer to include multi-family housing areas to be clear I am not against cannabis legalization but the city needs to carefully consider the potential negative impacts in order to have a balanced approach by extending the protections of the 300-foot buffer to include multi-family housing areas the city would be extending the protections of the buffer to more families regardless of their socioeconomic status According to some recent articles in the American Journal of Public Health quote cannabis retailers tend to Cluster in socially and economically disadvantaged areas and this can create or exacerbate Health disparities if these communities disproportionately bear the burden of the negative consequences of cannabis use legal of legalization of cannabis may quote exacerbate long-standing racial ethnic and socioeconomic inequities cannabis is not harmless cannabis use disorder occurs in 20 percent of Lifetime cannabis users with 11 of these cases severe enough to prevent individuals from participating in major life activities such as working and caregiving quote while valid medicinal uses exist cannabis use has been linked to potential harms including motor vehicle crashes psychotic disorders respiratory disease and low birth weight cannabis adversely affects the developing adolescent brain and communities that increase access to cannabis by permitting retail dispensaries may experience increased cannabis availability to youths and accidental ingestion of Edibles by children this could result in a situation in which many residents can benefit from the positive aspects of cannabis but the burden of the negative aspects of cannabis Falls completely on economically under-resourced communities another study published in the journal substance use and misuse found higher density of cannabis retailers is associated with an increase in youth substance abuse all of these studies that I'm mentioning I gave to Christina so that she can give them to you this means that if there are too many dispensaries in Las Cruces there are going to be more children here who will end up abusing drugs there needs to be a balance between supporting this new industry and also making sure that this community is giving its Children and Families the greatest chance of success City councilors you could pave the way towards supporting the Cannabis industry while also balancing the needs of the families who live here by extending the 300 foot buffer to more families thank you for your consideration I have a question for her sorry cancer Flores thank you thank you madam chair and thank you Mrs Smith I beg to or not differ with what you've said but referring to studies and saying that you've given them to our city clerk thank you for that however um some of the some of the quote studies unquote can't measure what a brain looked like before the ingestion of cannabis and what it was like afterwards unless and how many people I mean how valid are these studies and I don't in any way criticize you for referring to this because it's out there but some of the information that you've presented and referring to studies hasn't been substantiated I mean the studies may but and then the American Health Association it was the American Journal of Public Health which is actually the leading journal in the public health discipline wait it's the actual it's like the lead Journal as in public health it's oh okay it's a public health Journal fine I didn't know that um but what does the AMA have to say about it what does you know what do what his what do historians have to say um and some of this and and I I met with you in person and and I respect your credentials I respect your your uh your concern for the community but what you've presented right now is is almost like a Reefer Madness type of alert and I don't think our city needs that and I I think that we do everything as City councilors to assure that our community is safe we're not magicians and we can't change the course of of History but um I would like to remind you that and I say this from time to time that cannabis was actually demonized to deport Mexicans in Arizona that's where it all started it started in the 30s late 20s early 30s and I would refer you to Dr greenspoon's publication and um and I would also um I mean I do thank you for your concern but yeah you also failed to State a us a connection between your study and where these uh dispensaries are where's the connection where's the evidence so hopefully you'll have time to read the studies that I just gave you guys copies of but it does have in there the actual references and explanation of how they determined that increasing density of cannabis dispensaries is correlated with a higher incidence of Youth substance abuse so that's in there and I'm I respect your position my I'm not against cannabis legalization like I said but I'm hoping that the city council will look at it a little bit more holistically I know this is kind of a new burgeoning industry here but it seems like it might be time to look a little bit more closely you know as counselor Graham pointed out during the last meeting there are some inequities with the buffers it's applied to certain residential areas and not others and given that we know that increasing density does increase the chance of Youth substance abuse issues it seems prudent to consider having a 300 foot buffer for those other families as well but I beg to differ with the findings in those and I and I just have to say that who did studies before the the Cannabis came into effect how do we know how can it be measured it hasn't been measured so there's no comparison well thank you counselor Flores I'm going to stop you there both of you I appreciate you coming Mr Smith are you finished with your thank you thank you thank you thank you please come all right well my name is Rick Renault I I just wanted to to mention some of the sources of Sarah Smith's data she's been censored for posting NIH information so that's this kind of data she she has to be impeccable her data anyway and in regards to that discussion you just had I saw the video of former mayor Reuben Smith and he was here to admonish you all for the same thing the same subject so thank you thank you anybody on this side is that all okay let's go on to my right first row second I think that's top third row please please come up state your name thank you you'll have three Council my name is Travis Owens I'm a local business guy and I'm actually here to also talk about cannabis but I'm here to talk about something totally different I'm actually the host of the Las Cruces hemph cannabis Festival if you're not aware we hosted it last April over at sassy grass on Picacho Boulevard we had over a thousand people from all over the region including El Paso show up we didn't allow consumption because of the rules and regulations that are in place I'm coming today to open conversation about possibly having a pilot program for our second annual Las Cruces cannabis Festival where it moved it to the Plaza downtown but we do have a connected partner that's within walking distance from the plaza that does has a consumption license and we would like to possibly become a pilot program about outdoor consumption because we know from previous meetings and such that that is a concern it is a conversation a topic and we'd like to be considered as possibly a pilot since we are already hosting an event in the public space and other than that I'd go ahead and yield my time thank you thank you please um email me um and we'll begin the dialogue sir okay thank you you can find my card in the outside thank you sir okay that's our third row fourth row anybody in our fourth row fifth sixth seventh eight okay seems like anybody on this side right side okay thank you that concludes our public participation I will now go on tour our close meeting statement the Las Cruces City Council met in closed session at 1103 a.m February 13 2023 the following members were in attendance mayor Ken mahakoshima councilor Cassandra Gandara councilor Tessa beta councilor Becky Graham left at 12 50 p.m councilor Johanna bincomo councilor Becky Quran and counselor Yvonne Flores staff EPO pili city manager Sona Delgado ACM Brad Douglas Deputy City attorney um at 1203 um left Barbara de Leon Cody Rogers outside City attorney Sean Mullins DC LCPD left at 20 excuse me 1203 Louis horrobles is our outside lawyer and was in at 1204 pm and Bonnie DeWitt outside lawyer as well in at 1204 the meeting adjourned at 12 54 pm and the statement for the record is the Las Cruces City Council met in closed session it only disclosed those limited items as stated in the post did notice okay now we are on to the acceptance of the agenda I understand we are going to pull and let me get my wits about me 7.4 for now right um for discussion yes 7.4 for discussion um and so I will need a acceptance of the agenda with the amendment move to approve with amendments is that counselor um bengomo moved to approve second program second by Graham okay Christine this is on the motion to approve the agenda as presented with removal of item 7.4 for discussion councilor abeda is absent councilor Graham yes councilor Ben Comal yes councilor Korean yes counselor Flores yes mayor Pro tem yes and the mayor is absent thank you okay we are 8.1 resolution number 23099 a resolution authorizing the city of Las Cruces to accept second quarter budget adjustments for various City departments through an amendment to the city's adopted fiscal year 2020-23 budget and the fiscal year 2022-23 Capital Improvement program may I get a move to approve Grant motion made by concert ground second by Florida State I'm second by counselor Flores hi mayor Pro Tim counselors I'm not going to be presenting today however for the record Leanne Demers Finance director I wanted to introduce um Jacqueline robocavo she was in Trump's senior budget analyst I now have a new senior budget analyst which is Rocio Gamboa she has been promoted and Miss uh Jacqueline has taken the interim for the budget and Grant administrator position for me she's just moved up one to help us out she's a senior accountant in the finance department this is her first time to present in front of council so I wanted to introduce her to all of you and I'll turn it over to her and to Cynthia for the CIP welcome Jacqueline thank you for being here thank you for the record my name is Jacqueline rubalcava and I will be presenting the budget adjustments for the FY 23 second quarter for this budget adjustment there are no new programs or policy initiatives and this adjustment is focused on compliance and alignment and this is these are routine budgetary business and it's best practice the data presented is summarized so they're just highlights you can refer to your packet for detailed information for general fund adjustments we have non-department and when I mentioned non-department this is these are for non-specific departments so it's just city-wide so the first one an increase in revenue of 15 million 163 670. and this is to adjust projected GRT Revenue under Council support an increase in expenses of 35 000 and this is for the national Community survey and it's a survey that's conducted every two years for communications an increase in expense of 163 500 and this is for construction of new communication offices human resources a decrease of expenses of 141 000 and this is for adjustments for medical invoices incurred through December of 2022. for police an increase in expenses of 28 and this is for um security surveillance equipment and these are security cameras for the evidence building various expenses of 213 086 and this is to adjust various grants to actuals and non-departmental transfer of 1.5 million this is a transfer from tib to hhgrt and we'll see the other side of the transfer later on budget adjustment this is for the HUD housing service fund for the economic development department and this is a decrease in expense in expenditures of 129 715 and this is to adjust different grants to actuals under the special Revenue reimbursement Grant fund and for Grants a decrease of expenditures of 29 643 for arpa and also an increase of 454 643 in Revenue also for arpa and 148 424 for the police department in both revenues and expenditures and this is to close out various grants for the police protection fund under the police department there's a transfer of 307 and this is to adjust the beginning balance for the police protection fund and flood control under the public works department an increase in expenses of ninety three thousand and this is for an increase of expenditure of invoices for weed control foreign here's the other side of the tid transfer that we saw earlier on this is under the tid fund for the economic development department and so this is a transfer of 1.5 million again from tid to hhgrt for go Bond projects under public works department a decrease of expenses of 268 712 and this is to adjust the go bond to actuals per Airport an increase in revenue of I mean sorry a decrease in revenue of 764 729 and a decrease in expenditures of 860 774 and this is for various adjustments to bring grants to actuals we move on to utility budget adjustments under shared services utility department there is an increase of seven hundred and thousand dollars in Revenue and this is the transfers to I'm sorry and 150 000 of her transfer and the transfers to 5160 to cover increase for the new work order system under shared services billing and receiving department an increase in expenses of a hundred and twenty thousand and this is for expenses for various billing and collection invoices under Natural Gas fund the energy management department increase in expenses of 441 000 and this these um expenses are related to the energy management program for natural gas administration department increase in revenues of 684 866 these revenues are for new rate implementation an increase in expenses of 164 769 and this is to cover increases in cyber security for the water fund underwater operations Department an increase in expenses of 193 976 due to increases in the soil processing costs also and 1.8 million dollar transfer and this is a repayment of an inter fund loan for water under water production Department increase in expense of 327 000 and this is to cover expenses to solar projects while services and Lease agreements under Wastewater fund at the Jacob hands facility an increase in expenses of 476 500 and this is to cover various expenses at this facility for Wastewater fund under the administration department an increase of expenses of 238 769 also for various expenses Solid Waste for the operation department and increasing expenses of 137 048 and this is to cover increases in soil processing costs under Solid Waste fund commercial Department increase of inexpenses of 245 000 to two various different expenses lastly we have Transit fund and this is for the ACM fixed route Department increases in expenses of 509 497 to bring different grants to actuals under the employee health department Human Resources an increase of 141 000 in expenses to adjust for remaining medical invoices incurred through December of 2022. I'll now hand it over to Cynthia acampo CIP analyst and she'll go over the CIP amendments Madame chair I have some questions yes thank you counselor Perez well welcome to your new position thank you I'll give Leanna Spanish lesson on how to pronounce your last name I think she it was more she practiced the rolling of the Yards so um all of this as Leanne very well knows and in our financial committee it's like you're speaking Chinese to me so can we go back to page uh uh what was it page six I think okay well um so there's a the first item shared services utilities it's a revenue transfer uh and there are two amounts there the r stands for revenue revenue and the T stands for transfer transfer so we have revenue and transfer so the revenue was 700 000 and the transfer is going to be 150 000 transferred to five one six zero what is 5160 is that another shared services in the year it's a different fund yes okay so um so we do that's permissible to do um transfers between funds even though the money has been allocated for a particular fund how does that work yes they do sometimes transfer to different funds to cover others so the transfer here is to cover an increase in fund 5160 and then we also see some inter interfund loans and what is 5160 I'm not sure off the top of my head I know Abner Gomez or these is also here and he can give you a little more information on it if Leon can't answer he's a economic analysis manager so I'll kind of defer to him thank you good afternoon Adventist rate and economic analysis manager fund 5160 I'm sorry did you thank her oh Oh I thought you said Miss Gomez or something no my name is Abner Gomez oh your name is okay I'm sorry fun 5160 is our equipment replacement fund sir will you get closer to the mic you can't hear you very well this is where we buy vehicles and other equipment so fund 50 100 and 5160 are very unique because they don't generate Revenue all the other lines of businesses transfer money so that they can buy equipment pay for operations expenses that's why you see a transfer or revenue of 700 000 because all the expenses in shared services have to be funded split by all for lines of business which are natural gas water waste water and solid waste okay so these transfers occur from time to time and then those are you've been reporting that I've this is my fifth year on city council I'm still asking the same well no there are different questions because there's different different presentations okay we cannot we don't transfer without presenting it to you okay well and that's it falls on our shoulders to fully understand what you do every day 365 days except for holidays and your vacation time and we get to hear it for what 10-15 minutes but I appreciate your your patience you're welcome thank you so Mr welcome I have um that so all of these transfers um the all these adjustments are basically transfers on the amounts except the R is revenue the t is transfer they're not transfers some of our increases in revenue and increases in expenditures decreases and revenue decreases in expenditures so just that once that have t are transfers and it'll tell you where it's transferring to and from the others are either increase or decreases in in expenses revenues okay so uh please forgive my um my hard-headedness here so can you explain then shared services what is that the shared services Leanna oh thank you mayor Pro Tim Council Leanne demouche Finance director so just to give you a little bit of background because I used to actually be at utility so I have a strong background in there so shared services is a combination of like the um Adrian Widmer who is the director the assistant director all the billing all the technical support that if you opened your electric bill I mean if you opened your utility bill you only see a bill for water Wastewater natural gas and solid waste those four utilities well actually there's five individual type sections within utilities and one is shared services so water Wastewater solid waste and natural gas contribute to the shared services to cover those expenses so hopefully that explains shared services is because they're sharing all of this with all four of the other utilities even though natural gas is listed specifically natural gas those are only that is only an increase in expense just for natural gas the one above where it says shared services so shared services has some Revenue coming in that's coming from some of the other utilities and then they're making a transfer to 5160 just like Mr Gomez says to cover um that's where they're they're required Reserve is so that's where they buy vehicles from Capital Equipment and what they want to do is is they want to purchase or a new work order system in that fund okay okay so um shared services on the second line says billing and receiving is is that under so billions and billing and receiving as part of the shared services because all the bills are from the four utilities so everybody under billing and receiving also is paid by shared services so all four of the individual utilities gives funding to the shared services so that way they can they can acquire that so what they're doing is is they have some funding probably in their fund balance so they're requesting to up their expenses because they have some various billing collection and I think it actually had to do with postal Pros where they they're the ones that do the the they send out the bills they print them and they put them in the envelopes and they send them out for utilities I see so it's all those expenses okay Abner gave me thumbs up yes okay he's the expert on that okay um then I have more questions for Miss ruakawa she may be calling me but I good afternoon one moment thank you counselor beta um for for being on we're going to have to get a motion to approve counselor Abita for joining us via zoom and so I'll take a motion so move by Flores second gram motion bait by concert plotus second by concert ground Christine please take the wrong this is an emotion to allow counselor Aveda to participate telephonically counselor beta councilor Graham yes it's fine I hear you yeah councilor councilor Ben Comal yes councilor Koran yes counselor Flores yes mayor Pro tem yes and the mayor is absent thank you go ahead Jacqueline did you have further questions oh yes I do I'm sorry I was I'm sorry um so yes um can you go to page four okay so um the I'm I have questions about uh special Revenue reimbursement Grant um so we have the grants non the department is Grants non-department police categories Revenue expenses and the purpose and then there's all these numbers and then we have arpa [Music] how does arpa money get into Revenue reimbursement Grant so it's under fund 2100 and that's what it's called special Revenue reimbursement Grant and so when we say here the increase in expenses of 29 643 to arpa this was two correct amounts from trench one trench two and they were reconciled and so it was just correcting so what was why was it reconciled why was it why was there a discrepancy I believe so in how it was um how it was allocated I believe but I don't have the specifics on that this was requested and so we put it in so I have I'd have to get you that I'm not sure if Leanne can speak to that mayor Pro Tim councilor Flores Leanne demish for the record what happened was was there were as you can tell the expenses being increased we I think during trunch one they thought that the expense would be expensed but it wasn't so this is similar to like what we do with a carryover so we're carrying over the expense between the trunch one and the trunch too so that that's what this is doing is bringing that expense in so that way it can be expensed in this fiscal year when we thought it was going to be in last fiscal year I think the part that really boggles my my brain is how we have three purposes and somehow the lines I mean I'm reading literally across the line but but those lines really aren't indicative of what's being what the purpose is right so in it's confusing yeah it is and I apologize for that actually I was the one that put this together so I apologize in the the second line which is the 454 643 that was actually increased revenue account for the arpa as well for the ma um I apologize this was for the American risk American Rescue plan act it was res it was Revenue to match so we could reconcile it that's what a while ago Jacqueline was talking about reconciling it so we were reconciling the 454 000 is reconciling from tranche one to trunch two so the funding came in but we had not budgeted it correctly so what we're doing is is we're we're fixing it so that way what what x actually came in from the arpa is actually now accounted for okay and I apologize for that yeah and and I my concern here is that um we will be audited uh the arpa funds will be audited and and mayor mayor Pro Timmy Council Flores they were this year during external Auditors with um with Mr Gardner he they did audit it this year and I will promise you they will audit it next year because it's over that that amount for the special so so it'll be audited and this it will be taken into account this will be taken into account and I get really nervous the minute I see uh arpa because uh you know we don't want to mess with the feds and I will I will tell you that our comptroller Miss Josie Trevino will is actually this came from her this request so she is reconciling this and she's keeping me on my toes ma'am great thank you thank you so I I'm sorry to be belaboring um all these I have all these questions I have a lot more but I can ask you individually I I thought maybe I would share my ignorance or at least that my colleagues might benefit from some of the questions I've had but I want to thank you Mr Moosh and thank you uh thank you thank you madam chair thank you counselor Flores okay Jacqueline moving right along okay sounds good so then I will now hand it over to Cynthia Campos for CIP amendments thank you hi Cynthia we don't see you very often but we're glad you're here gonna talk CIP amendments yes ma'am good afternoon um Cynthia Campo CIP analyst for the record I am going to be presenting the CMP amendments for the second quarter that we have several of them the major reasons for some of these amendments are budget to actuals adjustments adjustments to bring fun balances to zero removal of projects to close funds and that's for utilities addition sorry adjustments for additional expenses and transfers of Appropriations between projects so I have I will be showing the projects that fall into each one of these categories so these projects are all being adjusted for Budget to actuals which means we are bringing the budget to um to the actual amount for the end of the previous fiscal year these projects are being adjusted they are being reduced either because we are adjusting the fund to bring it the balance to zero or for the utility projects we are removing these projects to close the fund these fund adjustments are to increase due to additional expenses for the projects and finally these are transfers of projects from from one project to another the funds are being transferred from one project to another do you have any questions thank you thank you any questions seen none are we at the point okay Council options very good okay we are we are ready and I think we have a motion on the on the diet So Christine please call the roll this is on the motion to approve resolution 23-099 counselor abeda councilor Graham yes councilor Ben Como yes councilor Koran yes counselor Flores yes mayor Pro tem yes and the mayor is absent thank you Christine okay we need to pull 7.4 off the table we need to suspend the rules and suspend to go ahead and listen to 7.4 yes so we need to suspend the rules and we need a motion to do that may I get a motion to suspend the rules for 7.4 to listen to 7.4 and then 8.2 oh yes and 8.2 thank you yeah thank you for the motion is there a second second by floaters second made by concert Flores Christine so this is an emotion to suspend the rules to now listen to item 7.4 and then items 8.2 counselor beta councilor Graham yes councilor Ben Comal yes councilor Koran yes counselor Flores yes mayor Pro tem yes and the mayor is absent and now we need a motion to listen to item 7.4 yeah so now we so moved Graham thank you motion made by Christine second by Flores Christine oh not yet sorry it's a new one for me okay hi Erica hello how are you good and yourself good good good afternoon mayor Pro tem and members of council Erica Hawkins treasurer the ordinance before you is to authorize the issuance and sale of 17 million General obligation bonds borders approve for General obligation Bond projects in November 8 2022 elections the total approved by voters was 23 million 10 million was for a new fire station 5 million to continue the East Mesa Public recreation facility 6 million for affordable housing and 2 million for Park improvements the first installation of gold bonds is 17 million total proceeds the 17 million will be used 10 of those 17 million will be used for the new Fire Station 5 million to continue the construction of the East Mesa Public recreation facility and 2 million for Park improvements the 6 million for affordable housing will be issued later this year early 2024. the ordinance authorized as a city manager and financial service director to approve within the following parameters the issue amount cannot exceed 17 million the interest rate cannot exceed 10 percent and the maturity date cannot be no later than August 1st 2036. the bonds will be payable from property taxes the proceeds will be used for the project and the debt issuance cost these bonds are expected to be issued tax exempt at a competitive public sale the writing by Moody's is consistent with prior issuances um there was ordinance 2980a which is which establishes a dedicated funding source for acquisition of artworks so two percent of the general obligation Bond proceeds will be allocated to public art 0.25 percent to point at 0.25 percent to 0.5 can be used to re store and conserve public art works of art the public art projects need to be consistent with what the voters approved and the questions and here I stand for any questions thank you any questions counselor bengalo thanks mayor thank you so much um just quick question I'm curious about the housing affordable housing bonds and the decision to either not include him in this piece or how does how does that work and then what do you think the timeline for that is and what will dictate that so um counselor Ben Cuomo mayor protemp the decision came with some assistance from our financial advisor advisor RBC um the affordable housing bonds more than likely are going to be issued taxable bonds because of the ordinance tied to those when we approve the the bonds that we said we were going to deposit them in that fund and since um non-tax bonds are a little more attractive than taxable bonds we don't want to kind of cannibalize our own bonds with including a taxable bond with it and we're hoping that by the time later this year or beginning of next year our economy will be a little bit more stable we can get a better rate for these taxable ones okay so does that mean then that affordable housing projects that would ideally be funded with portion of this money won't start till 2024 until after they're issued that could be the case sorry counselor Ben Cuomo mayor Pro Temp that could be the case but we also have other options like reimbursement resolutions and since these are taxable bonds they're not as restricted as the tax exempt bonds per the IRS so we may be able to reimburse ourselves with a certain time frame which that doesn't mean we can't start the projects till then great that's really good to hear and I think it's smart to wait till the com the economy is not so volatile so thank you for that explanation and then actually just on this question number six that last part public art project consistent with voter approved purpose um if the question didn't include anything about public art what's the how do we make that fit so um counselor bencomo what this ordinance basically saying is for example the fire station two percent of those proceeds will be used for public art now what the consistent with what voters approved that's not within the question but it's a fire station so if let's say um they have maybe the amount since it's 10 million the two percent might be able to cover two public art projects so they they just have to be consistent with the question they can't go put it at um the pool so it has to be like another fire station and then we have the the parks and then also the the East Mesa competitive or public facility thank you for clarifying I appreciate that thank you thank you okay Christine this is on the motion to approve ordinance 3025 counselor Aveda yes councilor Graham yes councilor Ben Cuomo yes councilor Koran I heard you um counselor Flores yes mayor Pro tem yes and the mayor's absent okay okay thank you next up 8.2 Council bill number 23018 ordinance number 30 24. good proof thank you second Graham thank you Erica again good afternoon mayor Pro Temp and members of the council Erica Hawkins Treasurer the ordinance before you is to authorize the issuance and sale of up to 12.15 million of state-shared gross receipt tax bonds the debt cycling program for the streets and Facilities is scheduled every three years the debt cycling provides level Debt Service payments and predictable Capital project funds the last time we issued these were in 2020 these bonds are expected to be issued tax exempt at a competitive public sale and are pledged with the state share gross receipts tax the bond rating for these is consistent with prior issuance the fund proceeds can be used for constructing purchasing Furnishing equipping rehabi rehabilitating additions and improvements for facilities and also constructing reconstructing resurfacing maintaining repairing and improving streets and roadways and with these funds will also pay the debt issuance cost uh potential projects to be funded will reflect the goals of the city's comprehensive and strategic plans the projects will be rated high on the capital Improvement program criteria and these will fall within three Broad project buckets which are the quality of life the maintenance and active transportation the ordinance authorizes a city manager and financial service director to approve within the following parameters the par value cannot exceed 12.15 million the interest rate cannot be above 10 percent and the maturity cannot be later than June 1st 2038 and I stand for any questions Council Corinne thank you I just have a quick question in totally understanding what this means this is a regularly issued bond that we use to fund Street Maintenance right you can just thank you for your presentation I'm just trying to keep up with you um but my understanding of this is that it's a pretty consistent we ask for the same amount but if there is an if there's an x-axis and a y-axis uh the x-axis being time and the y-axis axis being cost um our because costs have become more significant this means that our rate of improvements will slow down is that an accurate understanding of the so I guess this is the same amount of money as in the past but it's not the same amount of progress toward improving our street conditions is that accurate uh counselor Quran mayor Pro Temp uh yes well everything is cost more than the last time we we did this cycling so um we're just gonna have to be very strategic on what projects are high in priority and again fit the um the comprehensive and the Strategic plan and take care of the projects that are needed to hire so we we will follow that process for these this is a cycling program so we get them every three years usually it's about 10 and a half million but this we borrowed a little less during that pandemic because we had all these unknowns so that's why we are at 12 million this cycle awesome thank you and then the other question is just related to the interest rate has also changed during that time or is it is it remaining roughly the same and or is it possible that it will go down and then that will increase the amount of Revenue that we get I will call Eric from RBC and he can help me answer this question thank you thank you very good hi good afternoon uh Madam mayor pro Tampa councilor Eric harriganth RPC Capital markets so for planning purposes um we use around a four to four and a half percent interest rate based upon current market conditions we anticipate the rate for these bonds to come in roughly around 3.6 to 3.8 percent um you know the market moves every single day sometimes significantly either positively or negatively so that's what we anticipate these bonds are expected to price in two weeks and at that point in time the city will have locked in those rates awesome okay thank you and thank you for this presentation and also I that brings to light the the pressingness of the conversation that we're having here that is to to get the best interest rates that we possibly can whenever we can um as much as that is there so thank you again I appreciate it the access is more clear in my the little graph is more clear in my head um thank you very much for this presentation I appreciate your Insight thank you councilor Quran I actually see the x and y axis and you know my my brain doesn't go there but I really appreciate you doing that because now it does and I was just told by Evo Mr petely that we can speak more directly to this at our budget retreat in terms of the specific projects that we have in mind and so with that Christine we're gonna make it counselor beta we're trying to get you out I know you have such a pressing matter and I appreciate you hanging in with in there with us another motion to approve ordinance 3024 counselor beta yeah councilor Graham yes councilor Ben Comal yes councilor Koran yes counselor Flores yes mayor Pro tem yes and the mayor's absent thank you for thank you everybody okay next on our agenda 8.3 Council bill number 23020 ordinance number 3026 an ordinance of many chapter 24 procurement code of the Las Cruces Municipal Code move to approve Graham second motion made by councilor Graham second made by councilor bengoma hi Leanne hi mayor Pro Toom Council for the record land to Moosh Finance director I have the pleasure right now of introducing uh you have some of you have met her and some of you probably haven't so I wanted to introduce her formally we have our purchasing manager Alicia Hernandez here to give you uh this is uh for the new procurement code that she's going to be giving you a presentation on I would like to also introduce her um her I'll have her introduce her team but I will also wanted to announce and by the way this is her first time to present in front of you as well I always like to put that out there but I also wanted to let you know that just last week Alicia and two of her senior buyers which I will have them stand Donnie procise and Dave Duncan and Alicia herself went through some schooling and some training and passed their test with flying colors and now have achieved their CPO uh certification which is Chief procurement officer which is a requirement in our audit so we now have three which I'm glad so I'm very proud of them and I appreciate everything that our our buying team does and I'm going to turn it over to Alicia thank you so much Leanne and congratulations I know that's not easy and um very much appreciate building our bench and that's an important thing so thank you welcome thank you I appreciate that mayor Pro tem City councilors I'm losing my voice a little bit so I apologize um I wanted to introduce my staff for just a moment if I may like Leanne mentioned Dave Duncan and Donnie procise they're our senior staff in our purchasing department and then we do have Lisa padron Sam Sheen and Suri Molina who are buyers and then of course we have David Johnson who's our purchasing specialist welcome so before you today is an ordinance amending the procurement code the procurement code is located in chapter 24 of our municipal code the purpose of the I'm sorry the purpose of this chapter is to maximize the purchasing value of public funds and to provide safeguards for maintaining a procurement system of quality and integrity the definition of procurement is the buying purchasing renting leasing or otherwise acquiring of any supplies service or Construction governments often have departments and laws for procurement usually with very strict procedures for how purchases can be made and this ensures that the process doesn't become corrupted by bribes Kickbacks and favoritism a little bit of background on the procurement code updates the last comprehensive P code update was approved in June of 2021 this time we've included some additional formatting changes we've added and clarified some definitions we've revised some authorized exemptions and we're increasing the threshold for competitive public procurement our intent going forward is to bring changes more frequently on a cycle of about every two to three years and as needed as part of this review process we did have purchasing staff review code and suggest any edits based on feedback from the last picode update that we had in 2021 we worked with the assistant city managers who are the selection advisory chairs and the chief administrative officer provided feedback and guidance for the changes going forward uh we did have some end user departments provide input as individual questions have been identified since that last revision and then in November of 2022 we did present this to the finance select committee and at that point they recommended that it be taken to city council as part of our intent to improve Clarity we did add five definitions we added something on Advertising we included a definition of immediate family and we took that directly from the federal Family Medical Leave Act uh we included something on non-procurement contracts as well as Professional Services we Define which trades are included under the Professional Services and then we included a section on tangible goods we wanted to improve our competitive procurement process so we added some language about authorized exemptions to add that it's subject to review and written determination by the purchasing manager we added a section on I'm sorry competitive cooperative procurements and we added that there is a limit of 48 months for extension of contracts there was an area that was duplicated in the procurement code and that was the retirement and benefits exemption so we removed one of those we are attempting to improve flexibility as well we want to increase the public the competitive public procurement threshold from 75 000 to 100 000 and this is designed to account for inflation increased operational cost and the last time that we updated any of these thresholds was in February of 2015. it doesn't pack small purchases the authority to award and the reporting to city council we do want to improve transparency so we added some additional language regarding bid proposal process in the area that talks about direct contacts we wanted to enhance the conflict of interest reporting requirement and outlined that if employee becomes aware they must disclose to the purchasing manager immediately we did add an entire section just in reference to tangible goods it's its own division now whereas previously it wasn't um it didn't have it separated and then we also added some information on bid protests language that included thresholds forbid protest appeal bonds so the next step is that we are asking to adopt this ordinance we do want to educate the city departments regarding the changes that we have moving forward and update any internal and external purchasing standard operating procedure updates and with that I stand for any questions thank you very much um councilor Graham councilor Perez thank you thank you mayor Pro tem thanks so much for the presentation congratulations newly minted cpos and whole team really appreciate it um hoping you have access to the agenda packet uh thinking don't but I think Leanne does okay cool um really in the weeds question here I have the red light version in front of me okay perfect um so if we're in section 24-161 Red Line new letter B this is 602 of 719 of the council packet of that helps anyone else you said 24-161 24161 so red line letter B construction projects may be awarded based on cost qualifications or both and hopefully it'll always be both or qualifications I mean and I understand the realities of you know giving projects to the lowest bidder but I just want to feel assured that safety quality Etc will also be I just keep picturing that off of like train thing in Ohio or something like nothing's going to explode right so I believe that previously um in June of 2021 cost was a factor and we took that out because it was determined to be the only Factor but now it's not and so we do have cost qualifications or both okay so this is actually kind of upping the standard yes more so than than downgrading and then saying like oh yeah correct okay great thank you that was my only question thank you so much thank you counselor Graham counselor Flores thank you madam chair and thank you for for your presentation and welcome everybody so um as far as um the exemptions on page seven can you go back to that please thank you right here yes so um were these exemptions are these brand new or are they modified we at we didn't have anything in the P code that indicated that it was subject to review and written determination by the purchasing manager so that was added in there we also didn't have anything on competitive Cooperative procurements so we included that as well that we are able to exempt the process of going forward if we have you know use something from another government entity or another Cooperative agency so we added that so you added it to facilitate procurement yes to make it quicker it we could piggyback essentially on any one of those agreements that another agency has okay and my overall question is is this a review consistent with mccard report or is this it was factored in yes okay and so is it a fine-tuning of the McCart report yes so as we review this we notice things come up and we're going to continue to monitor it and bring them forward as needed hopefully in about a two to three year cycle okay this is the third year second third year since the last year it was June of 2021 so almost two years yeah two years okay and then on page eight the um can you explain increase to competitive public procurement threshold from 75 000 to 100 what does that mean isn't a project don't you just go project by project what does this mean so what it means is that anything procured above the 75 000 limit you previously have we have departments and our procurement staff take it to city council and now we're upping that threshold to a hundred thousand so what that means is you'll see anything above a hundred thousand not anything below that but we still do provide reports to city council quarterly regarding what um those limits are so that you have access to that to see what may not have come to council and that will be based on well those three factors yes yeah those two factors and last updated in February of 2015. so it okay um on page nine you have bid protests I guess point to enhanced conflict of interest reporting requirement it seems to me that after mccard should have been enhanced hype you know like really so are you still finding loopholes and and potential for I don't think we've had any issues I think we just discovered that we didn't include it in June of 2021 holy moly I see there's a conflict of interest statement in there I think all that was added is the statement that and if if an employee becomes aware they must disclose to the PA to the purchasing manager immediately okay but what is a mechanism for for besides self-reporting on a conflict of interest besides them contacting us directly I'm not sure I I can speak to that sorry this is Barbara deliori thank you yes by me way over there every apartment thank you so much mayor Pro tem and counselor of Flores Barbara DeLeon chief administrative officer so I I do want to clarify that the previous purchasing code did have language in it with respect to conflict of interest it was very specific to the selection advisory committee process where folks who sit on that committee are required to sign conflict of interest statements to ensure that that's not an element of of selection however we we in an in because we are periodically reviewing the code to make sure that we have all the language in there that will help folks to be compliant with the code we decided to add a general statement this time around to just State there may be conflicts of interest not associated with selection advisory committee associated with other types of procurement and that's why this statement was was added to the code with respect to the sexual selection advisory committee there is a specific form that is signed a particular to conflict of of Interest with respect to this General requirement its notification to the to the purchasing manager that could be verbal it could be email and then the purchasing manager would be responsible for documenting the conflict of interest as it's reported so miss de Leon the the committee that you referred to is comprised of what five people so the selection advisory committee is and this was one of the areas of the peacode that was revised in 2021 it's comprised of three directors and then other subject matter experts one of the directors is from the Department that is procuring the goods or services and then there is one that is a rotating position so that we can ensure that different directors are involved in this election process and then we have subject matter experts internal subject matter experts that also are able to vote on the selection and be part of that selection advisory process okay so um there's enough checks and balances in that process to keep Shenanigans from happening ever again yes that is our intent and with the clarification to the code we're trying to make it easy to comply with that outcome that we all want for transparent and fair procurement okay so that select committee is going to um also be an oversight committee to an extent no just the select committee is the selection advisory committee is formed every time that there is a particular procurement that's going out on the street for a request for proposals and the membership of that committee changes depending on the services that are being procured great thank you so much Miss de Leon and thank you very much thank you thank you madam chair counselor I'm sorry I didn't see becomo and current go ahead thank you thank you for these updates and um I think just as a sort of General note I really appreciate you all keeping track of this but I do want to point out something really really clearly and I think a lot of the public maybe misunderstands this um in in these cases of selections often people will send me requests to pitch their business like this happens with some frequency just to be completely transparent every time I refer them back to your department to say this is this is the process that we go through we have nothing to do with it so just to systematically reassert that when it comes to procurement there's a very robust process in place that Beyond hearing what you all do and approving of it and appreciating the work that you do and refining it we have nothing to do with at all so I just want to sort of thank you for making it so robust and so clear and also to clarify our role in it Beyond hearing this presentation is is nothing so thank you thank you counselor Koran councilor binkelman nor purchasing pieces of property right real estate um thank you so much and welcome and congratulations to both of you I turned to councilor Graham and I said can you imagine that test so congratulations um just one quick question in terms of this new set of um upgrades to the P code do do any of these have an impact on the ngos that we often partner with in the community and if so have they been made aware of any process change can you repeat that I'm sorry I didn't hear you if any of these P code enhancements can I ask you to speak closer into the Mind very loudly um I scared myself sometimes how much I can hear myself so my apologies any of the set of improvements to the peak code enhancements upgrades do they affect ngos at all any of the non-profit organizations that we work with and if so have they made been aware of any process we haven't made him aware of it they may be affected depending on if they are a vendor of ours but we do intend to work with economic development on maybe getting some of that information out to them okay can you talk about any of what could they expect to how they could expect to be impacted I we don't have a plan yet okay but that's okay well thank you for having a plan to to speak with the appropriate departments I appreciate it okay thank you thanks again um I really appreciate um the the presentation congratulations you know in the summer of my sophomore year of college um I worked um and my father's company he worked as a diesel mechanic and Chino Mines and they were having these summer pro programs like internships if you will and they connected me to a buyer and so I was like buying stuff um it all sorts of things dozers tools and you name it and I was like wow when when I think about really what I did it was like wow so um thank you for that work I've um back then they were just like pick the cheapest thing you can you can you can pick but there's so much more that goes into that I know so I very much appreciate you and the effort and just the training um the professionalism that you that you bring to the to the to the work um I did have a question on slide seven around the the expansion of the 48 months so on that we didn't have anything that limited how far we could extend our contracts so what we did was we we added the limit of the 48 months at that point we would have to do an entire new competitive procurement and I appreciate that what my question is around those 48 months is there are times when I get complaints about this where we are extending but the public isn't aware of the process that we move into related to um say our our you know let's see how do I how do I put this um in terms of ensuring that there's accountability and that people are are doing what they say or companies are doing right organizations are doing what they say they're going to do so what gets factored into those extensions are you asking staff or departments about performance measures right because we've moved into performance based budgeting and each of these contracts specifically right have performance measures that we're asking them to to to attain if you will so I want to know what happens internally when you're extending because usually what I guess what we see is contracts are coming three and four months years if you will what sort of internal processes are in place to that you're actually reaching department head kids and folks staffers that are working on the day-to-day right and that might have issues and concerns what is speak to me about about that so the way we have our uh Department structured our purchasing department is that our buyers are assigned to several different departments so that they can facilitate an easier communication method now what a lot of people don't realize is there's a lot of involvement with competitive procurement so do they really want to do it every year I mean that's not very helpful for some of our departments that are doing these large projects or large Goods that they're purchasing so we want to put that 48th month allowance to extend the contract at that but we always include in our contracts a clause that indicates that we can terminate for any time so the department will contact the buyer and say you know they're not doing a good job they're late they they do this they're not constantly following they're not working with us effectively and at that point we can terminate the contract before an extension is made okay Alice so you're telling me that there is a process in place that when that renewal is coming up that several months before there's either an email or something that's going on to the department to say look this is a renewal time what do you have in order for me to write is there is there POS how many positives what are they are there negatives I guess I want to be insured that if we're going to limit this or just have this and I know we've had them because this has come to us before I just want to make sure that there's that that internal communication that's occurring that we can assure the public that these contracts are being um processed in a way and that we are actually looking at the pros and cons to each of these contracts and holding our contractors accountable to their performance measures yes so that's correct our buyer team will reach out to the part the department uh prior to that contract expiring and they asked them those types of questions and if they want to proceed we get together the information needed to do the contract amendment to extend up for another year okay okay thank you I really appreciate that I think that's um really important and I I know that Mr Pedley and I have had some conversations with folks that have been concerned about you know some of our our contracts and it's specific to Geo Bond um and and I've appreciated David sidio and and and ifo really looking at that and I just want to be assured that there is a process in place and there are those those safety mechanisms yes because I think it's important um you know I appreciated cancer Flores is bringing up their McCord report I think we're the only two with the exception of Mayor on Council now that to go through that process it was a tough process and one that um you know she referred to I just want to make sure that how is our Inspector General tied into these things related to because we do have the Inspector General now which was a recommendation that was made to us how is he he or she I think it's a he tied into this and sort of the conversations that were had in terms of in improving our procurement you know I haven't had a conversation with him yet or met him but I know that right now he is working with our pay card administrator right now that's Donnie and he is doing an audit of uh some of the pcard transactions that we've had so right now that's the extent of his involvement with us okay okay thank you so I know he's very new I don't even think a month yeah okay yes yes so I appreciate and tying him into these um the kinds of conversations now Alice what are these Alicia sorry Alicia I want to make sure I'm calling people by their right name correct name Alicia now were these sort of improvements and discussions ever had in our financial our finance PRC policy Review Committee they weren't as far as I know oh they were I'm sorry our policy select committee yes yes thank you thank you um and then let's see just looking through my sketchy nose I I do another issue of concern that has been brought up in concert becomo thank you for bringing up our ngos I think some of the feedback that was given to me when we are our submitting requests for proposals and there's they're submitting their um their rfps or their proposal through the system that we have outlined um one of the concerns has been that they're putting out sort of their um will their business plan for a lot a lot of ways and and it's very they're very exposed about what they're going to do for a specific project and whatnot um and that that goes out to I don't know is that is that system um public and do people get like anybody off the street able to review those projects or those proposals they are it's not until after we've awarded the contract but um it is all confidential prior to that so it is confidential up until the award of the vendor and then the award then you can you place that in some um system or we don't have it on a system but uh anyone can do a public records request and get that information so how do we protect their business um we do it for private companies why are we exposing ngos to that that process I don't believe we do it for private companies no what I mean is you protect them and up until the very end I don't know that their business plan and proposal is is public we treat them all the same so whether it's a private or a non-profit we don't release any information unless it's asked but that's after the award that the mentor has okay all right thank you thank you I appreciate the the comments and I'm okay I think is there any other comments public comment out counselor counselor Flores you can call me Vancouver um so um my question my question my question um when you're when bidding is going out it goes out to um the world of that business that it goes to out to the world so um theoretically anyone can put in the bid and then and then you know there's a conflict of interest within that select committee or is that whatever collection advisory committee yeah so what happens how or how do you uh prevent something like department heads um is there anything that well I guess um when you get a when you get a bid and you get the the people who are proposing that do you do any checks on the um the corporation or the company in terms of their board of directors in terms of their investors in terms of you know who's who and what's what do you do any of that we do reference checks on the vendors that are reference checks based on the references they give you yes or well yeah it's like I can tell you my sister would give me an excellent recommendation but um so that's it that's the extent because I think one of the problems we had in McCart was that um you know without making any slanderous um statement here was that um well based on my reading of the report it appeared that there were some well are there any safeguards for in-house shenanigans and by Shenanigans I mean wrongdoing self-profiteering I I can answer that again if I may yeah mayor Pro tem and counselor Flores so that there is an entire section of the code that's ethics and prohibitions and procurement that includes uh what Alicia was referring to earlier with respect to direct contact with anyone proposing something prohibiting direct contact with elected officials City staff other than the purchasing manager from the development of the specifications all the way through the contract award it includes the conflict of interest that we were talking about earlier and it's very specific about defining conflict of interests and we have with this revision proposed the addition of a blanket statement if an employee becomes aware of a potential conflict of interest related to a procurement they shall disclose such potential conflict to the purchasing manager immediately that is in addition to the other language that's already in this section with respect to ethical procurement and conflict of interest so there's a section on gratuities and kickbacks um so yes the code has quite a bit of language related to um preserving the Integrity of the process and how that is done whether it's a conflict of interest within with an internal employee and an external vendor whether it's a conflict between a consultant that we are employing and an external vendor and giving us advice there's quite a bit of language in the code so that we can make it very clear what is and what is not permitted so to preserve the procurement thank you Miss DeLeon I think that my question I'm aware of the cell that self-reporting I mean but is someone going to say I you know I put my hand in the cookie jar I mean and I'm not saying that we want snitches per se but um self-reporting has its shortcomings and so how do we get around that and that's I think that's my concern because we know very well that you know there were a lot of there was some wrongdoing and I think that some of it will go unresolved as we all know right did want to mention that we do have an annual reporting requirement for all employees to disclose any outside business interests that they have that's documented within our system so that if we needed to to do some checking ourselves with respect to relationships of employees and particular businesses we could do that as well that is outside of the procurement system in just an annual requirement so that is an additional reporting requirement it's still self-reporting as you indicate but it is another of Avenue of information that's available to purchasing staff should we need to proceed with any any inquiries along those lines so you're talking about inquiries or I know that there were there were emails that were anonymous and people did come forward and so I guess we we can't really have anything on that I mean people either are going to be forthcoming or they're not going to be forthcoming and we'll probably find out after the fact that you're also bringing to mind of course the hotline that's available for employees or for the external Community to make us aware of potential improprieties as well that's where potentially the Inspector General at this point since we have that position filled may get involved as well as you know other investigatory Avenues as well thank you so much Miss DeLeon and thank you so much for your presentation thank you mayor Patel thank you counselor Flores thank you Alicia I don't believe there's any question um yes um assistant city manager Sonia there you go sorry about that um yes members of the council Soni Delgado assistant city manager I just wanted to add a little bit to this conversation although I know that we've had some issues in the past and those I believe have been rectified and I'd like to say the finance team has done a great job of going back through and checking our processes and making sure that things are on par and that we're going to be followed through to the letter and as a sap as one of the sac chairs for this committee that's very important to me and I think that we have a great team I think they understand what has happened I they understand the implications and they themselves are the ones came forward and said we should put these things into place and so I trust that everyone on this team moving forward as we go through projects as we talk about different things and making sure that paperwork is in place and that we are being very transparent is going to happen and so I just wanted to say thank you to the finance team thank you to Barbara for helping us put that together and I will do my best to ensure that these processes are followed and that we continue to change that perception out there and which I understand and sometimes things happen and unfortunately everyone has to bear that brunt but we do have a solid team and we are making great strides moving forward and I will help that also so I just wanted to add that thank you thank you Miss Delgado appreciate it is there any public comment seeing none Christine this is on the motion to approve ordinance 3026 counselor of beta is absent councilor Graham yes councilor Ben Como yes councilor cran yes cancer Flores yes mayor Pro tem yes and the mayor's absent thank you Christine okay next up is board appointments and we have one Las Cruces Utility Board of Commissioners Phillip Simpson is a new appointment and I believe that we need a motion and so moved motion made by counselor Graham seconded Corinth seki second by Becky counselor Quran did you see what I did there I was trying to do yeah this is on the motion to appoint Philip Simpson to the Las Cruces Utilities Board of Commissioners councilor abeda is absent Council Graham yes councilor Ben komal yes cancer cram yes counselor Flores yes mayor Pro tem yes and the mayor is absent thank you um notice the performers proposed ordinance there will be no public discussion and it counselor may ask staff for clarification on the proposed ordinances 10.1 Council bill number 23-021 ordinance number is 3027 Bring It Forward by concert ground okay next is city council member board reports and comments all right and I'm starting with me let's see here um I wanted to speak on behalf of Senior Services last year we I believe um brought to the attention of um the concern that I I had specifically about our seniors and making sure that we had allocated a an amount to to do an assessment not only to conduct an assessment and around the current services and the need but because we're an aging population I wanted to have this very robust needs assessment regarding our seniors in terms of what we have currently and what we're needing and and I'd like to get an update on that before if I can I haven't heard and I know we've had some transition with our new director so I'd like an update on that um and there's um some new services that are going to be put in place from the private sector a Adult Day Care there'll be a couple or three across the city which I think is going to be a huge service for our seniors and I'd like for there to have some communication about private Public Partnerships with those adult um day care centers they have several in El Paso that I know have been really very instrumental in providing reducing right isolation for our seniors a way to communicate with others seniors but also keeping folks in their in their places their homes right and so like to see that come to fruition next up I have a lift up meeting at 6 00 pm on February 28th I'm looking at yes carielle and she's not eating yes so I'd like to it will be at Loma Heights and inviting the area specifically our lift up area to um to please come and talk to us about what you're seeing it's very exciting I live in that area and we have City staff there on a daily helping improve infrastructure related to sidewalks and streets and programming and so I'm really excited to hear what is next and so appreciate Natalie Green and carry out for putting that together um we have a budget retreat tomorrow and it's Wednesday tomorrow and Thursday at the convention center really looking forward um to that and hearing presentation if that has been noticed I know um to the community I've received every year I send out a notice to our associations and and folks that are on an email list just informing them of the budget Retreat and what might be priorities for each of my areas and I've had several communicate back with me about what priorities they see of course it's around Public Safety and quality of life so I'll be speaking further about that um and with that I'll turn it over to cancer Flores no reports no reports for counselor Flores counselor correct thank you I have a few quick Notes One um related to the dog park associated with the ascmv there are some questions I think folks were going there for a little while while it was before it was finished it's still in progress there may be some electricity related things that are still happening and it's currently locked so folks do want to get into the to the dog park so we'll either have a grand opening associated with the acmv or separately depending on the timelines for each of those but that will be forthcoming pretty soon I think and I also just wanted to give a quick welcome NMSU I was lucky to work with the NMSU to hire a new Provost so Dr Alan shoho will be coming to Las Cruces mid mid April and I think he'll be a really great addition and and help us Building Bridges between the the town and the Gown so I I hope that um we can welcome him and I look forward to to partnering with him in that job and potentially in this job I think making connections with the with the university so that's it for two for me thank you Council correct answer binkelmo I've never heard of that councilor corn the town and the Gown I love that um a couple of things um I just wanted to say in advance thanks to staff for the planning of the two-day budget Retreat I'm really really looking forward to that to those conversations and want to thank members of the public who submitted feedback before before tomorrow begins um just a couple things I have a question ifo for you or any Barbara maybe um I wanted an arpa update on those contracts the 11 million dollars I'm curious if that you know we'll have a public um statement once those contracts are issued but I'm excited to get some of those programs to see some of those programs roll out so I'm curious if um if those contracts have been finalized and then the other only other um quick update I wanted to give was that Adrian Whitmer at our last utility meeting noted that they are working right now on finalizing the RFP for the energy transition plan which I think is a big deal and I just wanted to make sure everybody knew as we you know one of the things I mentioned was just how volatile or gas prices have been and that that's just incredibly unsustainable but that's what it means when we're sort of beholden to that industry and and how it is obviously more urgent now more than ever that we begin to think about that so I'm very excited to have those conversations at the utility but then also bring them forth here at city council thank you thank you councilor Bengal counselor Graham thanks mayor Pro tem I'm probably going to ask councilor bencomo to jump back in with me on this one because um she and I got to present to Junior leadership last week which is high school juniors from all of our local high schools and I know you'll back me up on this it was amazing we had a really great time great questions great comments um my favorite of the day that was a very clearly clearly High achieving students saying I'm 17 years old and I still haven't figured out what I want to do I'm like bro I'm 46 me too but really enjoyed that thank you Mandy for bringing bringing those students to us it was a breath of fresh air the only other thing I wanted to mention the Skate Park renovation meeting on Thursday evening I'll definitely be popping in on that but for everyone who's been reaching out with redistricting that is no longer going to be in my district that is a Precinct that I lost to district one or we'll say District gate one gained the skate park so still totally interested happy to communicate with everyone but just as a heads up that is going to be under Council district one in the future and that's all I have thank you thank you councilgram and then Ito all the I'll get the updates on both the senior needs assessment and the arpa I'll have that for you counselors uh just a couple of items a report from our quality of life just uh feedback from the Pluto Mania program I don't know if any of you anyone has been able to attend that but it sounds like they've had good attendance um it was at the Museum of Nature and Science held Saturday February 11th Drew 336 attendees for demonstrations and activities about space science the vet also celebrated Las Cruces own Clyde Tomball who discovered Pluto in 1930 and taught astronomy at NMSU for many years we had more Partners than ever for this year's event including NASA Virgin Galactic Las Cruces space Festival numerous scientists from NMSU and retired scientists from the area sound like a great event and then the only other thing I wanted to turn some time over to Barbara for legislative updates I know many of us have been up to to Santa Fe and we have a lot to report but we wanted to make this as long as we're in session here I appreciate Barbara has been running Point here and home base for our legislative connections with our lobbyists but I just wanted to give this time to Barbara to give some legislative updates we've been tracking appreciate it and like you councilor become I scare myself every time I talk into this thing too the feedback so I apologize if I'm yelling at you just wanted to make mention of a few bills that we are closely following here and I'll be forwarding to the weekly legislative report that we get from our lobbyist Larry haran there are a few that are high on our radar one of them is House Bill two that's just the general appropriation that passed the house last Thursday's moving on to the Senate it passed with an increase of 12 percent in the appropriation so we're watching to see how that goes as it moves through the Senate um we're closely watching House Bill 367 that's one of the bills that is going to impact or might impact our gross receipt tax taxes I know that there was a hearing last week ifo is was at all of the all of the bills that are related to taxes are being tabled right now in favor of one Omnibus Bill that's being developed the municipal league is closely watching this our own Economist has done some analysis on potential impacts to US based on changes that are being proposed to the bill so we're staying on top of this so that we can provide testimony if needed as it moves through the House and Senate we're tracking the Senate Bill 55 the Statewide Transit fund if that one passes it will provide for assistance of up to 50 percent for our local match for our transit system we're looking at Senate Bill 104 which is for airport improvements just looking to see what's going to be set aside for that and of course our own Airport Manager Andy Hume has been great about prioritizing his needs and making those heard as well up at the state up at The Roundhouse lastly we've got a Senate Bill 251 it's being heard in committee right now that Bill pertains to the MRA changes that you all voted to support by resolution and our own Elizabeth teeter's economic development director is in Santa Fe right now to provide some expert testimony on that bill so hoping for a successful passage for those changes last thing I wanted to say is just our capital outlay is due this Thursday I believe so we'll start to see get a solidified view of of which of our priorities might be funded and what amounts uh pretty pretty soon here and so that's it for for this update but I'll follow again with the full legislative report that Larry haran provides to US Weekly so thanks for your time okay thank you Barbara the only thing I would have to in the house we build 367 that Barbara mentioned uh you know I was able to testify uh in opposition I think the the impact we we saw was going to be about three to five million dollars to our our GRT and so we there were many city managers there and mayors from all over the state and just to to testify an opposition for that just wanted look you know thank you thank you yes sure thank you thank you okay we need a motion I think that's it that's we yay we made it through and can I get a motion to adjourn motion made by counselor Quran she doesn't like my jokes counselor by okay um motion made second made by councilor bencomo this is on the motion to adjourn the meeting counselor abeda is absent councilor Graham yes councilor Ben come all I heard you councilor Korean yes and it's not a note on your our enthusiasm for your jokes it's our enthusiasm for adjournment just to yeah yes counselor Flores yes mayor Pro tem yes and mayor is absent thank you