[Music]
your honor okay well welcome back to our
second part of our City Council meeting
and today is July 6 2020 it's
proximately 547 p.m. this is a special
City Council meeting and the first item
on the agenda is going to be the
conflict of interest statement this is
where I ask if any member of the City
Council city manager or city staff has a
no conflict of interest on any item on
the agenda okay see none and before we
before you get to the resolution earlier
on our council meeting Jennifer was
reading a letter that was received by
the office of the state auditor so I'm
gonna ask if she can read it one more
time because of several people lost
power right and the right as she's
reading this letter it's amazing so if
she could go ahead and read that again
and then we'll go with with the
resolution please Jennifer used to that
yes okay I will read it again and as I
said before if you need me to slow down
please please them let me know um this
letter was sent from the McHargue firm
it's addressed to me the city attorney
and it was received on May 28th 2020 and
it reads derm is Vega Brown we were
engaged by the city of Las Cruces to
conduct a fraud examination and
investigation into transactions and
events related to the Las Cruces
Convention and Visitor's Bureau our
contract with the city dated June 6 2019
was provided to the office of the state
auditor on June 20th 2019 our initial
field work in July of 2019 this the
scope of our agreement was expanded to
include reconstruction of income and
spending related to the Friends of visit
Las Cruces the Las Cruces Country Music
Festival events held at the Las Cruces
Plaza and the Rio Grande theater this
investigation into the Convention and
Visitors Bureau
friends of visit Las Cruces and
associated events included the fiscal
years ending June 30th 2016 June 30th
2017 June 30th 2018 and June 30th 2019
at the request of the city we met with
representatives of the office of the
state auditor on August 9th 2019 to
discuss our initial findings and the
expansion of the scope of our agreement
also at the request of the city we met
with the office of the Attorney General
on August 8 2019 to discuss our initial
findings and expanded scope of
investigation we were contracted to
conduct the reconstruction on August
27th 2019 additional field work was
performed in las cruces in october
2019 doing our field work in July and
October we conducted dozens of
interviews we also requested and
received documents during the course of
the investigation conducting analysis as
we received documents in all we were
provided with over 51 gigabytes of
electronic data representing well over 3
million pages of documentation the final
documents responsive to our ongoing
requests were provided on March 12th
2020 a draft of our report was provided
to the office of the state auditor on
March 19 2020 the final report was
issued on May 28 2020 solely to the
office of the state auditor at the
request of the city of Las Cruces and
with the approval of the office of the
state auditor for direct referral to the
appropriate law enforcement agency by
the office of the state auditor the
report issued on May 28 2020 to the
office of the state auditor is the final
report of our engagement however this
remains an open investigation with the
office of the state auditor and any law
enforcement agency that receives the
report our
court issued to the office of the state
auditor should be considered
confidential until release by
appropriate authorities the work we
perform for the city is not a financial
statement audit and should not be relied
on for such purposes we did not conduct
any review of financial statements as
the term review is defined in accounting
professional standards we offer no
assurance as that term is defined in
accounting professional standards as to
any financial reporting of the city of
Las Cruces in general this engagement
was performed under the association of
international certified professional
accountants standards for consulting
services number 1 and/or its statement
on standards for forensic services
number 1 we appreciate the opportunity
to assist you with this matter please do
not hesitate to contact us if you have
any questions or if we can be of
additional assistance in this matter and
it is signed janet mcard and Lane and
Beth more of the McCart firm
ok Thank You Jennifer and thank you
again for rereading it again yeah it was
a pretty bad wind storms going on here I
don't know if there yes councilman como
Mayor Burton Mayor Pro Tem just texted
me she says she's in the waiting room
she called in Oh Adrian can you let her
in yes thank you
great thank you this no sobbing : okay
so now we're gonna go to resolution 21-0
zero eight move to approve
again coma motion made by councillor
Vasquez second by councillor Bencomo and
David who's going to be doing this mayor
that's going to be me uh mr. myiasis is
going to work the PowerPoint
presentation because he duly
acknowledges my limitations as far as
technology goes okay all right all right
so we can move to the okay on March 11
2020 governor michelle lujan-grisham
issued a state of public health
emergency on March 27 2020 City Council
passed the emergency Proclamation
ordinance which allows the mayor and
council to extend the emergency powers
by Proclamation on July 30th 2020 the
mayor issued an emergency Proclamation
regarding additional requirements for
face coverings pursuant to I'm sorry I'm
trying to move my section pursuant to
the las cruces Municipal Code section
938 seed the proclamation from July 3rd
will expire today the proposed
resolution extends the emergency
Proclamation pursuant to section 9 38c
and the extension runs concurrent with
the New Mexico governor's executive
order these are your council options
please stand for questions thanks
Jennifer so as you know I can't discuss
with Council as to why I did this I did
let Mayor Pro Tem condena know and I'm
sure you all know that cases in the
county were rising in fact I have some
bad news to tell you that today I just
received word that we had 85 new cases
in the county we are number one in the
state Bernalillo had 60 and I think the
second highest after us was 18 in San
Juan County and 17 in Lee County
well that's quite a bit in Lee County
but 85 okay and so basically recognizing
what and I know mayor Councillor abate
thus to be wanted to have a full-blown
face covering ordinance and you know we
tried away from that and I felt that
this was a compromise by instead of
having our police officers having to go
and and
after each individual it seemed like
would be better especially if codes
could go after businesses and you know
like for example you just have a you
just just don't let your the customers
in if they're not wearing a mask and and
I felt that this was the best method to
approach this and I do have some letters
and comments that I'd like to read if I
may and then I'll go to comments from
Council mr. mayor
could we please have the outline of what
the proclamation says already forgot it
yes okay hold on
thank you in advance okay let me get
hold on here if you'd like I can share
my screen oh great thank you David
I had it just a minute I don't know what
the heck you did with it it's taken me a
few minutes to pull it up
so we don't when we send the press
release out we don't send copies to
council no no I got it oh thank goodness
okay good how did you get it um how did
you get it
Christine Sunday yeah that's what I
thought it I figure she sends those out
doesn't it go out as a Pio mayor this is
Cassandra yeah so here let me go ahead
and read it I've got it here
maybe the oh never mind I was just gonna
get David know that I have it coming up
sorry this is David myiasis thank you so
you come up no no all right so let me
just go ahead and read this here says
we're as pursuant to las cruces
Municipal Code oh there you go okay good
so I don't have to read all that other
part so there is just let me know when
you want me to scroll down there well no
I because the the the the first part it
just basically repeats the authority and
then the the meat of it is right here
under the following businesses within
changed it here sir not too fast now
yeah business is within the city limits
and registered and operating in
accordance to the law skews Municipal
Code Chapter six shall require patrons
and employees to wear face coverings
when appropriate social distance inna
six feet cannot be maintained between
individuals within the business so if
you have two people well first off the
customer has to be wearing a face mask
but if you have an employee that doesn't
doesn't interact with the with the
customer technically under ours as long
as it's over six feet they're okay if if
one of them calls the the clerk over to
ask some
and if they get within six feet then the
clerk needs to put their masks on okay
be the face cover shall be applied all
political business currently open to the
public so if they're closed after hours
we'll then that's technically they don't
need to be wearing it and then number
item C talks about the various types of
face covering so it doesn't have to be
necessarily a mask it can also be made
out of cloth or fabric or any other
material and then there's the exclusive
for the child three years or below and
then on e they're not required that
would have an individual's health
individual with health issues clues them
from wearing and they're not required to
have face made masks when eating
drinking or exercising and then so the
the F is the business owners to violate
Proclamation will face a hundred dollar
fine for up to each individual place
business found not to be wearing
appropriate face mask not to see a total
of five hundred dollars per occurrence
so if you have ten employees I attend
customers the most we can go is five for
a total of five hundred because that's
what our ordinance allows that's our
maximum penalty and I did it uh a minute
into July 4th to give maximum
opportunity for media to get that out
and theoretically it expires at 12:01
a.m. tonight so can I go ahead and read
these look these public comments it came
in sure okay so the first one is this is
addressed to all of you
greetings our mayor City Council are yet
again behind the times and come with
heavy hands against those who have
suffered the most financially during a
lark or lack lockdowns our small
businesses this past week the governor
from the citizens of New Mexico that
there would be strict enforcement of the
state mass coordinates not following the
ordinances punishable by a hundred
dollar fine and/or misdemeanor citation
for businesses who have customers caught
inside without a mask our mayor City
Council want in on the funds that will
come from this crackdown
today the mayor made emergency
proclamation that all businesses and
city limits will be $500 for each person
their establishment as a customer not
wearing a mask up to 500 this is
starting to feel like deja vu I think
she's got a little bit wrong but anyways
this is already an ordinance in the
state the redundancy with which our
mayor and city council governor is not
only wasteful with detrimental to our
business owners rather than enact
policies that original fresh and helpful
to our most fragile small businesses
they opted to mimic state ordinance
already instead adding another layer of
bureaucracy to a system already fraught
with redundancy and waste there's been
speculated that the city is concerned
that the state police will not be
enforcing the state ordinance and as
such feels the need to make city policy
just today July 3rd 2020 the game 1 was
visited by state police enforcement team
were out there checking for compliance
and that's the city is facing an
increased expenditure to taxpayers
through city enforcement when the state
is actively enforcing the policy already
it's simply more waste in a more waste
any time when there is already very
little funding to go around each time
the mayor and council seek to simply
play copycat with the state it's our
small business owners who suffer instead
of answering to one government entity
now they must answer to - instead of
$100 fine to the state if someone opts
into their business with a mask and then
take it off once they enter and out of
sight of the owner they have to answer
twice when did the city one state in
addition how will this new law be
enforced is a city asking the police to
respond and issue the citation our
police forces greatly diminished both
and staff and in spirit we put their
health at risk by asking them to respond
to these calls we also take them
boyfriend calls or help regarding
property crime and violent crime and
other more urgent matters isn't if if it
isn't the police who will respond who
will be there and how will the guilt of
the business owner be proven there are
more questions than answers when it
comes to enforcement why is that we
argue that it is because yet again the
city has piggybacked on the state's
edicts in an attempt to remain relevant
in their own City we ask though this
petition that they stopped please allow
the state ordinance to stand and be
enforced by property authorities do not
add
they're a layer of enforcement when one
is enough do not add further burden to
those already heavily burdened do not
subject our small business owners to
even more hoops to jump through
they have been through enough as it is
please lead your city
please find ways to assist small
businesses through these troubled waters
please enact policies that will
strengthen our economy and I will
support the lifeblood of our community
small business owners advocate for us we
need you and you are failing us at every
turn this petition has close to 1000
names of interested parties and
stakeholders in Las Cruces we ask that
you consider our request we want we went
through this once before with the
lasting british proclamation receive
over 2,600 names that were submitted to
you but this petition was never
acknowledged by your body we ask that
you please consider this petition and do
what's right for the state Los Cruces
and so you may have got email but
basically this is what the petition kind
of looks like I don't know if you guys
can see so it just has a name there's no
signatures interestingly there was one
that stood out you del V Hill so I
texted you know and I asked you down I
said did you know that curiosity I mean
he's free to do whatever and he said
absolutely not I didn't sign it and so
it was Wow not me I hope to learn who
did this thank you so I just showed him
on a page where his name was because I
noticed some other names that I knew
hadn't well anyway so that's that I'm
not saying that all these aren't right
I'm just saying I just you know you del
name I've got another one here from Jeff
Howie to be read in the record a special
meeting July 6 2020 regarding mayor's
extension of a space mask emergency
declaration through the mayor's City
Council be read at the meeting regular
special on July 6th went went number one
sir you do not have the authority under
city charter laws of this day of New
Mexico and city of Las Cruces declare
penalties for not wearing a mask do you
yes so for the record please cite the
law that you use for such authority so I
received this when the attorney actually
received from the governor's office
regarding Attorney General
attorney general written to governor
Lujan Grisham says this letter
memorializes recent conversations
between our officers regarding
enforcement of the most recent public
health orders particularly with respect
to newly instituted face coverings
mandate as has been discussed our office
has analyzed the issue and agrees that
the orders have the full force of law
and enforceable by state and local law
enforcement as you are aware the issue
of the validity of the public health
orders and their constitutionality has
been litigated in federal court and in
the New Mexico State Courts including
the New Mexico Supreme Court these
courts have consistently found that the
New Mexico legislature has given you
meaning the governor and the Secretary
of the Department of Health broad
authority to issue public health orders
and emergency responses to Coba 19
pandemics CNMs a 1978 section 24 - 1 - 3
and section 12 - 10a - 1 2 - 19 this
includes the most recently issued orders
that mandate public health measures to
prevent the spread of the disease
including now the issuance of a face
covering mandate further we have
discussed enforceability of the public
health orders and how both state and
local law enforcement can enforce the
orders pursuant to section 24 - 1 - 21
any person violating any of the
provisions of any order adopted pursuant
to the provisions of public health order
is guilty of a petty misdemeanor shall
be punished by fine not to exceed $100
or imprisonment in the county jail for
definite term not to exceed six months
or both such fine imprisonment is the
discretion of the court this the face
covering mandate is promulgated pursuant
to this section among other provisions
of law any certified law enforcement
officer as a New Mexico may enforce
failure to comply with this provision
the legislature has made it clear that
violation of public health order
promulgated pursuant to the Public
Health Act is criminally sanctionable
and we encourage public health officials
and all law enforcement to work in
unison protect the public health health
safety health and safety thank you for
your leadership in this very difficult
time and please do not hesitate call my
office for any additional clarification
of this matter respectfully Hector
Balderas attorney general okay so the
second part of his of mr. Howie's letter
is number two the people have spoken on
this topic during the last vote in mass
he says a more than a thousand
signatures against ordinance and there's
close to that this time be the police
chief said he didn't want to enforce the
a mass ordinance for four main reasons
which I won't repeat see the city
attorney advised against it due to the
Constitution constitutionality
enforcement issues and bias making it
ripe for lawsuits the recently
lieutenant and the LC PD told me over
the phone last week that they are
short-handed remember the police chief
saying that and that they don't want to
added risk of exposure ease the
councillors don't want fines and jail
time enforce and F in addition the US
Constitution doesn't lose force at
limiting government during this
emergency on May 20th 2024 justices of
the Texas Supreme Court just fired a
shot across the bow government officials
continuing draconian kovat 19 years
traditions in Texas and a concurring
opinion justice is black black walk
whose Mon Boyd and deveined reminded
everyone the Constitution is not
suspended when government declares state
a disaster as more becomes known about
the thread and less about and less
restrictive more targeted ways to
respond to it the opinion continues
burdens on Constitution constitutional
liberties may not survive judicial
scrutiny this this opinion was the
message the Constitution still applies
and the courts will enforce it Sosa mess
such a message should be unnecessary at
the height of the Civil War the US
Supreme Court sternly rejected even
minor alteration to a criminal procedure
to accommodate the crisis noting that
the Constitution applies at all times
and under all circumstances and that no
doctrine foggy pernicious consequences
was ever intended by the wit of man than
any of its provisions can be suspended
during any of the great extension seas
of government more recently during
Hurricane Katrina a federal court
rightly recognized that restrictions on
the freedom of movement or subsidized
levels of constitutional scrutiny even
during category 5 hurricane yet our
governor has declared illegally at 14
day quarantine for Ellis a travel
quarantine assumes that you are sick and
you sir are declaring someone can't
enter a business without a mass for any
reason which is not true and ever said
that they can enter
it's just that business can get fine
unfortunately the message bears
repeating as a current pandemic has
continued pundits politicians and
judges have behaved as if there is a
pandemic I think he means pandemic
exception to the Constitution or
blending Public Health has been used as
an excuse to justify the closure of all
non-essential businesses and counties
where there's been where there hasn't
been a single reported case of kovat 19
closures of churches restrictions on
leaving the home and even the rest and
jailing of hairdressers supporters of
this unlimited plan demmick authority
point to language from the United States
Supreme Court 1905 decision at Jacobson
versus Massachusetts were held that
state local governments have broad
constitutional authority that operation
rational public health measures like
vaccinations and then he lists a website
for us to look at and then he said they
also attach our oath of office you
remind us that we swore under oath
support the Constitution United States
and which hasn't lost its power to limit
you in City Council Las Cruces I'm also
attach a citation of a business and
Santa Fe over the weekend where someone
with a mask without a mask in the
business was soon being infected guilty
without being tested what happened to
present presumed in the sense before
being guilty what happened to free them
so what part of tyranny and deficit
despotism
are you willing to stoop to now making
up laws done finding business owners for
now allowing mask owners and their
stores done who made the business only
the enforcer for non law or any law you
done you sir have yet again overstepped
your legal boundaries of your job
description you're officially conspiring
and writing and in public to violate the
rights of every resident of Las Cruces
it's a federal crime to do so under
Title 18 section 220 242 the permission
of rights under color of law I'll leave
you and City Council to look up the
penalty for such offence this is no joke
or scene at your own peril mr. Haly
then these rings are mr. mayor I copied
the following letter from a friend but I
hope that you will take the time to
actually read it not just send back a
copied and pasted response but first my
opinion for what it's worth the citizens
of New Mexico are tired of the threats
fines and flat-out tyranny that we're
being subjected to by the governor in
yourself and relation to today these new
rules you're looking at passing I'm very
much against firing
businesses and/or individuals for not
abiding by the master ordinance if any
of you will take the time to look at
actual data
not whatever MLG's office is trying to
pass off as data that supports crippling
our state's economy you would see that
this virus follows the same curve as
other viruses as far as death toll is
concerned
look at the death rate not the
contraction rate the death rate none of
the data supports lockdowns mask laws
etc simply doesn't social distance yes
common sense yes if you're sick stay
home yes but healthy citizens should not
have to be forced to wear a mask and
stay home healthy children should not
have to be have to pick up pick whether
they would rather wear a mask to school
or take online classes our rights as
citizens united states are being
infringed upon substantially can't go to
church but you can protest and go to the
park to enjoy it but you can march in
the street stay home to save lives but
we're but we're a man if you don't stay
home there's no logic no reason you will
see that these tyrannical tyrannical
measures that are being put into place
are going to have far more negative
repercussions in the virus itself
economically mentally physically
damaging repercussions have you looked
at the suicide rate you plan a look into
suicide rate in six months or a year or
so when people can't get back on their
feet and opt out the homicide rate the
theft have you looked into the mental
health issues ruin its pretty head
there's a lockdown anxiety mask lack of
physical physically seen family and
friends the way this virus and now BLM
has been politicized it's disgusting and
borders on illegal and quite frankly
using citizens as pawn and snitches and
political agendas is outright discreet
graceful it would do you good to care on
the side of freedom as this small-town
Arizona Arizona mayor puts it with
utmost sincerity Fenice losers see here
this one here is from Sarah Smith dear
mayor and city council is registered
Democrat in Las Cruces I urge you to
please not approve the recent masks
emergency resolution Proclamation
extension I have serious concerns about
these new masks mandates in particular
for children and for people who have
medical issues with made very masked in
New Mexico Public Health order states Oh
unless a healthcare provider instructs
otherwise all individuals shall wear a
mask with multi layer cloth
face covering and public settings except
when eating drinking or exercising end
quote however the governor does not
mention this in her briefings and does
not seem to be widely known given that
people with legitimate health issues are
being denied entry and service of
grocery stores restaurants and retail
stores las cruces mask and young
children although your mass resolution
exempt children under 3 from wearing
masks that is not enough is not worthy
that in some European countries which
have reopened schools masks are only
required in children over the age of 10
this is because young children who are
wearing masks will tend to touch their
faces more which in the case any
positive benefits of mask wearing
furthermore there is now evidence that
young children do not actually transmit
COBIT very well over 20 European
countries that reopen schools and they
have seen no spike in Kovach cases
people who have health issues preventing
mass wearing are currently being
discriminated against in las cruces
grocery stores restaurants and retail
stores such as Albertsons Subway
Starbucks Hobby Lobby and Target people
are being denied entry and service based
on the fact that they cannot wear masks
this is not an isolated issue but is
actually a widespread problem there have
not been any scientific studies looking
at health effects of masks wearing by
general public or children the
scientific studies about negative health
consequences of masks were not generally
isolated the health care workers of
pregnant women these studies show that
mass wearing can increase resting blood
pressure reduced oxygen uptake and
increased carbon dioxide intake
especially pregnant women and duce
headaches and over 80%
other wears because there is a lack of
scientific data in this area and because
I know several people who have reported
health issues related to wearing masks I
have been collecting data about negative
health effects related to mask wearing
this data is from individuals who live
in New Mexico and most of them live in
Las Cruces over 40 New Mexico
individuals have reported the following
negative effects from mask wearing
pleurisy which is infection of the
lining of the lungs dizziness fainting
nausea vomiting shortness of breath
reduced oxygen saturation levels skin
abrasions and headaches please see the
full chart of this data at the bottom of
this email particularly important to
note that many of the people were
reported these negative effects do not
have any pre-existing lung conditions of
these negative effects are occurring
across the age spectrum
it's been widely acknowledged that
transmission is not likely to occur in
passing interactions in stores etc it is
also well understood that asymptomatic
transmission is rare the SS symptomatic
transmission studies referenced by the
CDC clearly shows that it happened when
people lived in the same house as an
asymptomatic person shared food with
them or rode on an airplane with them
a recent perspective by Harvard
researchers and published in the New
England Journal of Medicine on May 11
2020 says we know that wearing a mask
outside healthcare facilities offers
little if any protection from infection
public health stories define a
significant exposure to cover 19 s face
to face contact within six feet with a
patient with symptomatic over nineteen
this is staying for at least a few
minutes as some stay more than 10
minutes or even 30 minutes the chance of
catching Cova 19 from passing
interaction in the public stakes space
is therefore minimal in many cases the
desire for widespread masking is we
selective reaction to anxiety over the
pandemic this argument that everyone has
to wear masks in public setting does not
make sense in light of the current
science or on transmission the people
who have health issues with wearing
masks need not be allowed to work not
wear masks need to be allowed to not
wear masks the science clearly shows
that they are not putting others at risk
by not wearing masks I said they are
called horrible names instead of being
accused of being selfish and encouraged
to be discriminated against by the
government please protect the rights of
young children and people who cannot
wear masks for medical reasons please
encourage businesses to allow exempt
exemption to the mask mandates for
people who have health issues that
preclude mask wearing sincerely Sarah
Smith former NASA aerospace engineer
district 5 Las Cruces this one here is
from Will and Rebecca McCleary says dear
mayor and council we are writing to
express great concern regarding proposed
fines on business owners who patrons are
not wearing masks we feel this is an
overreach on your part and waste of
resources as leaders of the city should
not be trying to find waste out
businesses who have already borne the
brunt of the shutdowns
the new regulations and rate and the
restrictions instead of adding another
layer of hoops for them to jump through
a law enforcement of our city are
already diminished and staff and in
spirit this portes puts them at further
risk to their health and welfare as well
as taking them away from cause that
their knee
to ensure safety of this community
further if not police who will respond
to the mask issue
how will guilt be proven these questions
and more remain unanswered please
SWAT Solow the state ordinance follow I
think she meant the state ordinance to
stand and do not overstep in this way
the citizens in the city depend on you
to lead us find ways to help small
business and enact policies that
strengthen our communities we employ you
to do your job that you're elected to
the query FM its release adults and
mayor city councils so now you're down
with Tran of Corbin 19 so now that our
downward trend of copa90 one of the only
ones in the US has been reversed and
turned upward by the lacs attitude of
wearing masks in Los Cruces we're now at
a higher risk by those arrogant enough
to think that we are about a virus that
is killing Americans and New Mexicans
especially when sandwiched between
Arizona and Texas which are both
exploding with cases are you happy that
you caved in to those who don't want to
be inconvenienced a fellow citizens
booing one woman who was hit in the face
in and facing Walgreens over a mass
confrontation jeez
please follow governor Lujan Grisham in
her ordinance for face coverings and
distancing Lisa Baltimore's resident
this one here is from Peter Goodman and
this was actually addressed to you
though Wow he's been he's been retired
for a month now and he still gets a mail
here so you do given the situation I'm
not sure precisely who to ask but I wish
to know sooner rather than later what
the Las Cruces Cruz Police Department's
official position is on the enforcement
of the mandatory mask-wearing rule the
governor appears to believe cities can
and will enforce it I received the
impression from chief Gallagher at
public meetings at LCPD see is that
otherwise another source has said that
LCPD would have no authority than
Forrest while some believe LCPD would
have no authority not to enforce this
LCPD condemn contend that has authority
to enforce a mask-wearing requirement or
that it does not does LCPD if it
believes has the authority to enforce
have any policy concerning enforcement
not an enforcement or partial
enforcement question mark if the LCPD
has the authority to enforce does it
have the authority to give business a
citation
fines for not requiring all customers
and to start wear a mask and/or does
codes enforcement have such authority
I would ask I would also ask of our city
officials a the city administration view
of the above be whether the city's
prepared to reconsider enacting
awareness rather than a resolution in
order to resolve this issue and or
whether or not mayor Mishima could do so
under emergency power subjects the City
Council review in 72 hours and see
whether the city could enact a health
ordinance under which a business failing
in its health oriented responsibilities
responsibilities could after initial
warning and/or fine because for some
days that's punishment for progressively
longer periods of violations persisted
thank you you know I should have copied
the city attorney on this email if I had
her you know I'd just handy next one is
from Jacqueline Bustamante with the
governor's nearly made-up numbers for
the state of New Mexico and Chinese
virus you both do understand this is
unconstitutional and goes against our
Tenth Amendment if you are not aware of
your Constitution I suggest you go back
and read what our Constitution states
your mandate orders laws rules and
policies that do not do not uphold any
citizen and state of New Mexico only
legislation can oppose these and
litigation has not done so governor or
you cannot demand people to do something
that is not law I myself have doctor's
orders not to wear masks due to my
health condition yet you threaten you
still threaten me fine be aware you will
be sued if this comes down to it
violating my rights is something that I
take very seriously and that is exactly
what you and this tyrannical governor
are doing it's okay for you to have out
of town Soros protesters here yeah you
did not make one attempt to get them off
the streets especially when they did not
wear a so-called mask or social
distancing you are nothing but
hypocrites and I pray you all are out of
office very soon God is watching you all
remember that check when the Bustamante
Linda Hall I sincerely hope your vote to
extend these safeguards during the
pandemic since relaxing the recommended
safety precautions have led to an
increase in cope in nineteen as so many
other areas of the country sincerely in
the hall from Jean Birla wits please
pass the mask-wearing requirements but
more importantly insist that it be
enforced
this one's from Richard Starkey mayor
councilmembers I'd like to provide input
for your Monday afternoon meeting we
unequivocally know that face masks
reduce the possibility of contracting
coronavirus by at least 50%
also if you could take a poll on the
subject of face masks wearing face masks
I suspect that you'll find as in many
other communities that the large
majority of people in las cruces support
were in face masks there is then there
is many people including myself who
won't enter store where people are not
required to wear a face mask I don't
want to take a chance on contracting the
virus but since I won't go into a store
where face masks are not worn by all
that store is going to lose the sale
less sales means less people working so
I don't understand the problem with this
it should be a no-brainer this is a
great city let's keep it that way please
make mask wearing anywhere in public or
public stores mandatory permanently or
until the pandemic passes it really
doesn't matter whether or not you put a
fine on it or not just make sure that
it's mandatory thank you for your time
consideration for parking and then last
one here is from Michael Harris
councillor Flores and mayor Mishima a
lot of things have changed since I wrote
to you last about not supporting that
now tabled mask ordinance unfortunately
I think that request was misguided and
maybe too helpful for how people would
behave now the cases arising I'm fully
in support of the mayor's emergency
order imposing penalties on businesses
that failed and forced the states face
covering order the main things that have
changed in my mind are number one
there's finally public messaging about
airborne transmission and aleste a New
York Times article this isn't new
science it has been known for a long
time but just like Mass themselves
public health agencies are finally
coming around and adding it to their
messaging number two I went to Lowe's
earlier this week and as I waited for
i order in the parking lot watch maybe
one third of the people entering the
store without masks on there doesn't
appear there there didn't really appear
to be any employees attempting to
enforce the rule although the employees
themselves were all wearing masks lack
of enforcement seems to be unevenly
spread
I have seen people turned away at other
stores who require fire masks number
three I've read a lot of comments on
Facebook from people who do not believe
that the state Public Health or as a bye
to them because they because of mirrored
reasons it seems unnecessary to provide
certainty about local enforcement
emphasize the why quote the virus is
airborne so if we want indoor shops open
we all need to wear masks indoors and I
do feel bad for the employees will have
to bear the brunt of the enforcement and
for LCPD who not often force more rules
but if businesses and offices want to
stay open and their managers will have
to deal with it and there is a
probability no more urgent danger to the
city and its inhabitants than kovat 19
it also seems reasonable to ship law
enforcement resources perhaps it's a
good time to utilize resources other
than armed officers to manage
enforcement please feel free to read
this letter during public comment if you
see fit this is my first opinion as a
resident las cruces thanks for your time
Michael Harris okay so that takes care
of letters read someone open it up to
Cal stress org and tell through Florida
tell us report
thank you mister I think we have a
resolution to run mr. Soros out of town
here that's a joke by the way
um yeah this is amazing that we get
these kind of emails but it's expected
nowadays I am I I just can't say enough
of how serious our situation is I have
graphed our cases of Koba 19 in Dona Ana
County since the beginning and I've got
to tell you until June 25th
I was rather proud of Dona Ana County
yeah we had some some blips some little
pumps in the numbers but starting on
25th I am NOT happy at all
and of course today's number at 85 and
when you put it on a curve
have it occur on a graph and I tell you
that curve looks just like the curves
you see in Texas Florida Arizona it were
a little behind them of course but it's
very similar um and I don't know people
realize that 5% of the people in the
endowed in in New Mexico that get
positive tests they die they die um and
this is not necessary we can prevent us
from getting this if we simply wear the
masks all the time when we're with other
people in the public and so I the
contagiousness of this coronavirus I
don't think people understand it very
well um so I first of all I'd like to
know how does your Proclamation mr.
mayor compare with the governor's orders
I think the governor's is for everybody
and they're supposed to be wearing a
face mask if you're within six feet and
I just wanted you know kind of taking
all the comments I've heard throughout
the weeks and days and this one here
really focuses more on the business you
know I mean if they're not wearing a
mask you just you know they can't come
in I mean if you have a sign there
hopefully they will abide by it and if
they they say they have a medical
condition you know I wouldn't argue with
them asleep fine you know I think if
they were to get cited by codes and you
explained to me this guy said you had a
medical condition that they show it but
you know I think if if we increase usage
by 30 40 50 percent I think we've done I
think we've stopped a huge Charette you
know we're not gonna hit 100% we know
that of course right so in other words
the governor says everybody everywhere
when they're within six feet and you're
just saying in the businesses right so
you're less restricted than the governor
no well I guess you could say that I
mean basically so let's say you're
driving your vehicle to walk into the
store you
you put your mask on before you enter
you go grab a couple things if you use
the it self-service checkout you don't
have to talk to anybody
do your thing your business you leave
get back in your vehicle take your mask
off yeah that's what I do
yeah you know and then if you if you
need to ask a question of a clerk and
you get close to the six feet that clerk
if they don't aren't wearing a mask
they're supposed to have one you know I
would think that they'd have one handy
but went on if you guys can be talking
within six feet so if you can yell with
to one another you know ten feet away I
don't think we have to yell but that's
okay I understand yeah so yeah I'm all
in favor of this resolution so I've said
it before it's getting to be like a
broken record here okay mayor thank you
thank you before I go to counselor
Florida's you know just texted me he it
was his older son you know Justin
behaved so but you know the one who
retired from the city said that it was
not him but he still supports our
ordinance so thank you you don't all
right counselor Fortis Thank You mr.
mayor and thank you for reading the
emails I am in total support of the
proclamation and I think people have to
understand that the proclamation has the
effect of an ordinance except that it's
in the manner that is written under
these circumstances so I was just
wondering though if he could be amended
to in Subsection Amy there's language in
there that says four and I don't I don't
know if you have it in front of you I
just took a note of it as you read it in
David doll hat or David Maestas provided
the text or do you have it in front of
you in Subsection a colonel as an apple
yes Anna versus the businesses within
the city correct
it reads verities so thank you thank you
David but mr. Mathis where it says show
choir patrons and employees to wear face
coverings what appropriate social
distancing of six feet cannot be
maintained between individuals within
the business and I think that I think I
saw that as an orb but actually there's
no or language in there but it it pretty
much says if you're going to be within
sixty when you're in a in in a store on
might my experience my limited
experience is last four or five months
now invariably you're you're turning a
corner and there's someone coming and
and heaven forbid I should sneeze or
that person should sneeze but sometimes
it just is impossible to be six feet
that there could be six feet social
distancing so I would like that too I
would like to see I would like to amend
it to say that yeah I just you know
forget when you know stop it at to read
that businesses within the city limits
are registered registered and registered
and operating in accordance velocity
code chapter sixteen etc and further
defined in LLC etc shall required
patrons and employees to wear face
coverings period so the reason why I did
the city yeah you did explain mr. mayor
but I was just wondering or if it could
be changed as you said there are going
to be employees who don't deal with the
public who are maybe just you know in
the storage or whatever it's called but
anyway that that's that's something I
would I would change there to make the
face the wearing of the face covering at
all times when you're inside
okay let me go to the rest and then if
you want to put that put forth thank you
thank you
I'll start back to Stevie thank you
ma'am
I also received a message many of the
same once you read but I thought I would
read this on and if you've already had
I'm sorry I missed it
but it does say Derek M sorry beta su V
we are happy to hear the City Council
will be voting on the extension for the
mayor's Proclamation on the use of masks
we support your efforts to put this into
place and we thank you for elevating
this issue a RP chapter one two three
zero Dave Lynch president yes I received
that too you know um one of the reports
that I also heard over the weekend that
I believe in my district that Good
Samaritan might have had its first case
as well and it's an a retirement home
and one that I've been quite concerned
about we know that this virus does
affect our elderly population very
heavily and especially in congregate
settings and so I am wishing them well
and if there's any needs I'm happy to
help however I can
you know I I've been adamant about the
use of masks for a while as I know that
they have a that they help and that it's
necessary for Public Safety and Health
Regulations it's it's helpful to curb
that spread which we need and as we see
in the last few days in last four days
we had 219 cases so we are seeing that
rise I know people have talked about
other countries being open kids going
back to school just in June 17th of 2020
Beijing that had opened at schools ended
up having clothes
to close down again because of rise in
cases so what we know
is this is still it's a novel virus it
is new and what we learn about about it
and from it is constantly changing and
I've said from the beginning that we
need to be adaptable to the situation
and we need to make those adjustments to
help protect our community and this
masking we do know especially when we're
in close settings is a way to help
protect our residents but also it's to
help protect our economy to to keep us
staying open to hopefully curb those
cases so that when other parts of the
state are able to move into Phase two
that we're ready with them and that we
won't be held back and that we're not
having our member sick so it works both
ways it is for the protection of the
businesses and it is for the protection
of people ok so I lost power over here
my office so I'm using my internet on my
iPad I don't know if you guys can hear
me
yes we can hear oh yes
see next up was a counselor beta student
I guess you finished so next was gonna
be counseling home thanks mayor thanks
for my colleagues who spoken before me
right folks who send emails I mean I
think it's important now you send emails
obviously the mayor will read them
whether they have sexual things in them
or not but I think the most is
heartening one from year the racist ones
I think you know I you can be mad and
you can be upset and um I that really
that is just not okay that you send
emails with racial comments I think
particularly seeing the spike of hate
crimes being committed against the
asian-american community and so I just
wanted to point that out because I'm
just not okay with it um I've obviously
been in support of something like this
and last time we discussed it
I you know I think I'm gonna repeat what
my colleagues have repeated because I
think it's important I mean in the last
few days we've seen today was 85
yesterday was 38 56 46:42 92135 27 24 36
look that's the last week of the number
of cases every day it's clear to me that
people are not taking the seriously that
we've sort of just decided that this is
no longer threat however it is I think
I'm mostly frustrated with this
narrative that frankly very few people
created this very loud narrative about
this council being that somehow this is
a council versus business narrative when
the common enemy here is this virus and
how will we all commit to each other to
try to lower the spread and frankly I'm
sitting here really frustrated that
there has been not a lot and not all of
them but there's been several businesses
that have been resistant and defiant and
not just businesses but also people and
now we're seeing these spikes and now
we're seeing the increase of in the
spread of this virus and frankly
predominantly native and Latinos are
experiencing some of the the worst
spikes and the worst inequities and in
the data and so I just think it's I
think it's unfair to say no that's not
work hitting at the under the feet of
small businesses which you know
everything we've done has been small
business at the forefront and but now
we're here and you know I think there's
a lot of folks who are saying like I
guess the simple thing solution here is
well then don't allow people who aren't
wearing masks to come in your business
and then you won't be find I think it's
not super hard although mr. mayor I
think for me I you know is this
then in addition to the governor's
because I think I you know the
governor's recent order said there would
be fines for individuals I this is in
addition so I mean if the state police
know because there's only about 20 state
police officers in this city if that
many but I don't know I still think
there's a lot of results a lot of
businesses they walk in now they have
masks on they just don't take that
chance you know and I think it's a
little bit easier to focus on the one or
two business owners and as opposed to
all these individuals I mean I have
definitely gotten complaints and and
some emails from people who have said I
walked into my eye doctor and they
refused they said they didn't have to
wear a mask and so he none of them did
the doctor the receptionist and that is
just not OK I've heard of working people
who are telling their bosses or
supervisors I feel sick I don't want to
come in and are being told to come in
anyway so you know we talked about the
backbone of our community witness says
frankly I think it's workers workers are
also the backbone of our communities
what are we doing to protect the people
on the front lines those that are
essential that frankly are probably not
getting hazard pay probably don't have
health insurance to me I mean this is
the same conversation we've been having
since March and so I think it should I
really think it should be both I think
you should definitely be a find for
those businesses that refuse to take
care of their workers and their
customers and frankly their neighbors
but some of the folks who are the
individuals who are also refusing yeah
well that's where you know this come in
you know like for example call centers
that's something there that we've always
had some concerns with and and Chief
Gallagher chief Chavez they always have
their there people out there and they
usually get that thing resolved so I
mean I think when you really get right
down to it city's not looking to
necessarily find them you know they want
to educate them and
and such but you know I'm sure there's
gonna come a time where that might have
to be necessary listen this isn't
forever this is a real challenge in
front of us here I mean and the more
that we take care of each other the less
time we'll have to be in this and so you
know I also you also have to we just
voted in a regular council meeting to
you know on a on a grant to the police
department to help educate and enforce
the public health order so I you know I
think that it's a it's clearly the
strategy moving forward it's the thing
we have to do to protect each other and
so I just want to make clear that that
this that this what we're about to vote
on doesn't mean then that the governor's
orders are no longer in place in Las
Cruces that individuals can still be
fined in that they should and people
should be aware of that know a little
bit go ahead it just it just fills any
gaps if there are any gaps right and
absolutely agree with you mayor this
isn't because we want to find people
that's ludicrous I don't want to find
people I want people to be safe and to
stay healthy and I want people to take
care of themselves and their neighbors
especially because we are in a pretty
terrible situation and I think people
need to meet us in the middle and I
don't necessarily think people have okay
thank you
ghostly luscus Thank You mayor yeah just
wanna chime in and say that I'm fully
supportive of the proclamation and
extending this to an enforceable in an
enforceable situation here as many of
you know my uncle recently passed from
co-ed and this is very personal to me in
that sense and wearing a mask is really
a act of kindness to those who you share
this community with you share a store
with it does protect workers it does
protect your neighbors and so this is
common sense
I along with everyone else don't want to
didn't envision a time in even my life
that you know we'd all be walking around
wearing actually some pretty cool mask
now people have gotten very creative and
are making a fashion statements with
them and so I'm sure there's a mask out
there for for everybody right if people
feel uncomfortable wearing the medical
masks they can custom order something
from somewhere I'm sure that they that
they would like so you know I do fully
support it I think you know Albertsons
is a good example of a place that I
think has done a really good job of of
enforcing the mask rule since they first
opened they do have a very nice young
lady who goes out there or who stands
outside and and essentially you know
tells people to please wear our masks
before they come in and I've seen it
I've seen people that don't want to
comply you know perhaps take their
business elsewhere but ninety
ninety-five percent of the people that
you know that that are told that they
have to wear a mask are very nice about
it so they either you know return with
one on or you know go purchase one and
so at this point we all got to have a
mask hanging from our keyring or from
our mirrors in our in our cars as many
people do it's it's a weird new normal
make some people very uncomfortable I
get that but it's what we need to get
through this and what we need to keep
our economy and our small businesses
going so fully support Thank You mayor
Thank You councillor Elsa Flores thank
you thank you well before no sir
looks like mayor pro-tem got kicked off
so Adrian if you could let her in the
meeting please got it okay yes thank you
mr. mayor and I agree with the concept
my my calling to me and but as far as
the to the state and the state and the
local or municipal Proclamation which
acts more like an ordinance and which
turns it just gives the local police
the authority to to enforce it my
understanding was that the state was the
enforcing power ie the police the state
the state police we're the only ones
that could enforce it so now that we
have it's not exactly a murder ordinance
or proclamation but very similar so
whether to avenues because I know based
on a an email that I received I think I
voted to you mr. mayor from Patrick
Gillespie who said that he'd been at the
given and he had seen he'd seen the
proclamation and he had been at Walmart
over the weekend the willow Rinconada
and they said of course anything they
don't have the source of that effect so
there was some confusion as to be
overlapped but it just means that
there's two governmental agencies that
can no excuse me
entities that can no enforce the wearing
of masks so that's I said and I you know
I I too am quite distressed at some of
the emails that came along earlier woman
thinking of doing the criminal statute
or the ordinance and and a lot of it was
they were not babies you know we're not
here to be told what to do and and I
think it really it really saddens me
that people just miss the bigger picture
and this what we're all about we are we
are in this together and we're all in it
together and so I don't understand that
view they don't understand our views or
my views so that's the way it goes but
thank you very much mr. Elwood you did
it kudos to you for doing it
thank you
you're on mute mr. mayor sorry about
that
so you're gonna hold up depending on the
outcome of today's meeting I got ahold
of the person in charge of government
relations for Walmart and like I said
depending on how this goes
we'll be sending him an email keep in
mind they may not you know I've read
comments where $500 a day is nothing to
Walmart but you know the governor's
thing I think is a lot more in a
thousand or five thousand if they keep
if they don't want to comply but I know
this guy pretty good I'll ask him to
please you know do their best to have
their thing to do this has there been
any other reports on other Walmart's
besides the one I mean Kannada or in
talking about that's the only one okay
thank you mr. Merrick
I think any other comments oh don't
serve Oscars did you have another
comment
no no mayor sorry about that okay
elsewhere I mean is this a mere pretend
yeah yes I'm glad you're back coming
I've been on the phone got kicked off so
I apologize I'm definitely for a mask or
an answer to renew this emergency
Proclamation and I'm really disappointed
that our numbers continue to increase
and for me it's really really simple if
we want to open up and we want our kids
to go to school and learn and flourish
we got to do this and I just don't see
why people have become so combative like
I'm trying to take their you know their
rights away this isn't about this it's
about trying to maintain some safety so
that we can continue to open up and so
there I know that I heard counter notice
I'm wanting to make some amendments and
I'd like to add my own on one APIs and
do you want me to read those to you or
how would you want me to proceed with
that yet what was your what was your
amendment going to be yeah and I'll read
it on a business is women in the Las
Cruces city limits and registered and
operating in accordance with Las Cruces
municipal cold LCM C chapter 16 and
further define an LCM C section 15
nurses shall require patrons and
employees to wear face coverings
omitting starting wet when to businesses
and adding in public settings that's the
first one
the second one is on e face coverings
are not required when omitting starting
wearing through with their employer and
adding businesses may not allow a person
who is without a face covering to enter
the premises except where the person is
in possession of a written exemption
from a health care provider period can
we go ahead and see if Jennifer is on
the line and see what she might have to
say about these Jennifer did you want to
comment on on those and did you want
mayor pretend to repeat those near can
you hear me yes um no I don't I don't
need you to repeat them I think that
under our emergency Proclamation
ordinance section 9 - 37 it does allow
the mayor to declare such a such a
emergency and to have these specific
restrictions and because the City
Council is voting on it I think that you
would be rereading you would be well
aligned with the ordinance to add that
provision so let me clarify this
Jennifer so um are you saying that
let's just use hypothetical here if I'm
not supportive of these amendments can
you still be added on Mary council I
don't think so I don't believe that
that's the way that the ordinance is
drafted it was it's not contemplated in
that manner it's contemplated that an
initial state of emergency will be
declared and then the the council will
approve the extension of that yeah so it
has to be kind of how I did it 72 hours
ago intact if now now if I was that want
to do this then then I'd have to do
another one that adds these other
restrictions in there yes to be as clean
possible yes but that is the best way to
do it yes and that's okay that's what I
thought and council mayor pro-tem gand
enough I I understand where you're
coming from
and then and I really feel what I don't
want to do is I don't want to do like a
dance which like this is what I discuss
and then next thing you know this you
know cuz that this takes it to a
different level although I support what
you're saying granted under the
governor's mandate directive that's
supposed to be the case and and I would
prefer that we just do this particular
the way it sits and let's monitor these
numbers and and you know this is a
pretty good I think a pretty good reach
and you know if they continue to rise
you know if I have to call a special
session of the City Council and let's do
this what you're talking about
but I really think that the big big ask
is people going in and out of stores and
businesses I understand mayor and I will
I will
so move forward without them I agree
that this is a good reach I just thought
it was going to be if it would be it
would make it cleaner and frankly I I'm
not going to I'm not going to assume
what these numbers are from what is the
you know the content at the contact
tracing indicates but some of this is
and you know people gathering gathering
and I'm almost afraid of what the fourth
of July is going to bring to us and and
I know that there is fatigue people want
to get back to normal
I want to get back to normal but I also
along with a lot of folks are very leery
about going into restaurants and big box
or any businesses and really I have
anybody and you know me as I've been of
course I'm worried about people's mental
health and sort of what is to come and
if anything kovat has exposed are
exposed things that we need that I've
been talking about for some time about
are people of color not having the kind
of access that they need to many
different services to include a
behavioral health and so I think that if
we do this we need to continue to really
help our small businesses I think that
Economic Development Department has done
an excellent when we have changed things
or offered different things different
strategies to assist that faith educated
their you know their businesses and we
need to use that
as a basis right to continue to educate
letting them know specifically about
this emergency Proclamation and the
extension giving copies of signs that
they can use to post easily and
continuing the dialogue between our
small businesses so that we can continue
know help them but also people like
[Music]
ensuring that our people are workers
like councillor van como mentioned that
these workers that that have have been
working since day one they are also the
backbone of our community I agree
wholeheartedly so we need to make every
effort to assist them and in in this
process though I think we need to enter
into maybe phase 2 or phase 3 of our
robust educational campaign like
insisting that people not gather that's
super important that they're adhering to
the female social distancing measures
washing hands the places that they can
go for a system that to me is also
important as we continue to consider
extending this and and I feel very
strongly very strongly about that
thank you Mary I know I agree with you
Jennifer isn't it isn't the that's still
in place the large gatherings that
you're not you isn't that prohibited
Marian Council yes I believe it is yeah
okay that's all it is mayor but people
are forgetting I mean they everybody's
fatigued they want to go back to normal
but I think these spikes are and and I
don't want to assume but I think it's
important to get our department of
health partners in to really talk about
what they're finding so that we then
turn around and answered via real life
educational campaign of what we're
seeing
now I hear you mayor pro-tem
that's why I wanted to do the business
because you know we you know it's it's
it's a lot easier to focus on a handful
of business owner or managers or
whomever as opposed to who knows how
many customers are in there it's just
yeah I hear what you're saying is it's
gonna be you know we have councillor
Flores did you have a comment or did you
forget to put handout as far as the the
proclamation goes with our approval
today it'll have a shelf life of
fourteen days is that correct shelf-life
of till about five more hours no right
the one that I did on Friday went into a
factory yeah yeah shelf life of five
more hours I'm saying if we if we if we
vote to extend an extension the
extension has attorney Vega Brown maybe
you enlighten me or me it has a shelf
life of 14 days or mayor and council are
our original proclamation did have a
shelf life however when you pass the
second I'll have to verify with
Christine the second reauthorizing
resolution you extended it to run
concurrently with the governor's orders
Oh
or we can or we can cancel it right I'm
different right but it doesn't really
okay so the only way it could be is when
the the the governor withdraws her order
or we as a council would decide that we
don't need it anymore whatever that's
right okay great thank you thank you
very much thanks John sir Vasquez yes
mayor thank you you
this one chimed in and say I you know I
support counselor down that has
amendments I think when we were talking
last about this ordinance and we waited
up until now essentially to even bring
it before council for a vote our cases
have spiked and I think at that time we
were much lower we were on a downward
trend perhaps and this is where we're at
now and so I get the idea of coming back
if the numbers growing I mean the
numbers are already growing
exponentially so I think if we're gonna
make those amendments the time is now
I'm I I think the public is expecting a
facemask ordinance right and I and I
think that that's what we're doing here
or at least semi pseudo ordinance
through this Proclamation and so I think
the time is now and I think that's why
we have the amendment process during
these council meetings and why we have
you know the whole council to be able to
support or not and I just you know out
of an abundance of caution I would I
would I would say if we're gonna do the
amendment that counts argon that I
mentioned that you know we should do
that now and at least put it up for a
vote because we're well we're in pretty
bad shape right now
as it is I'm not sure it's gonna get if
it gets worse then we will have to do
other things
you know whoa it's not just about face
mass in public it's gonna be much much
deeper than that so I just wanted to say
that in case counselor Graham that I
wants to you know introduce your
amendment just let her know it supporter
Thank You Cal Service cos but when I was
asking Mayor Pro Tem is that I'm not
supportive of it right now
and that that this that this amendment
this renewal is a renewal of what I
passed almost 72 hours ago and to change
it and I think attorney Jennifer Vega
Brown says that we can't amend it I
would have to do a new or just he order
and then that gets free repast and all I
was asking Mayor Pro Tem is that if let
me let us monitor it here I mean this is
a pretty good reach and what I don't
want to do is I don't want to do an end
run
they give the public and especially the
media this is what
on the table and then all of a sudden
switch to adding it even more
restrictive that's
okay mirror we're back okay great let's
see who was counselor or a beta Stewie
yes Thank You mayor I did just get a
message from a member of the public that
was asking about what was the proper
procedure if they do see violations on
who to report to its chief Gallagher on
the phone I mean on the call or deputy
chief Dominguez Debbie chief is uh is
codes going to be empowered to also act
on this as well
a mayor this is deputy chief Dominguez
LCP for the record my apologies my
internet Philemon announced like hit
catch a little bit here and there if I'm
answering your question correctly is
codes going to be allowed to enforce
this yes yes they will there's the
violation of the public health order
which which can be it's a it's a sizable
offense so they will be able to cite it
as well as officers okay counselor was
there anything else
Jennifer did I'm sorry did you have
something you want to say Jennifer Vega
Brown yes thank you
mayor council I just wanted to address
what councillor Vasquez the question
that he asked just previously there are
two things that we have to consider when
you make a substitute of change to any
kind of ordinance we do have to
republish for the to in order to remain
compliant with the Open Meetings Act but
I think that more importantly in this
instance when we look at section 9 - 36
of the emergency Proclamation ordinance
and 9 - 37 it really only contemplates
when the once the mayor declares that
emergency and then the extension in 937
is when the mayor declares the emergency
I think when the ordinance was drafted
and when you all discussed it and passed
it I don't think anybody really
contemplated that an emergency would
last this long I think we thought of
short periods of time where that that
would really require quick action this
this is just something that is
completely new and I think as we move
forward because now that we're in this
we can see that there may be some room
for adjustment and we can do that we can
adjust the ordinance as needed but the
way that it's drafted right now doesn't
allow for that Thank You Jennifer
Joe service to be did you finish her or
did I get to eat yet thank you sir yes
you did I was just wanting to make
I need the clear process since I was
getting a comment about from a member of
the public on what do they do if they
see a violation who do they call
and so um from wdg Kamiya's it looks
like is it calling codes then would be
the proper Avenue mayor Councillor
Scooby mm-hmm if they call the
non-emergency number such an officer or
and or occult officer to be location
okay thank you sir Thank You DC
Dominguez counselor Bencomo thanks mayor
I feel a little like I don't understand
this whole I mean I get that maybe it's
a proclamation and that's why it's
different but this whole idea of not
being transparent because we're making
amendments I mean we make amendments and
offer amendments all the time that
aren't necessarily posted I mean even
just the kid counselor sword you know
called for an amendment and we didn't
have to say oh we have to stop it
because we this wasn't posted for 72
hours for the public to see so I feel
like I'm you know I'm glad that you have
the powers to have these proclamations
to do them in a moment of urgency but I
feel somewhat like our hands are being
tied a little bit where we could just
vote on potential amendments that you
agree with or not but at least to have
that ability which we do in every other
circumstance yeah and as Jennifer
mentioned that's something there that
when originally passed the first time
didn't allow for that those adjustments
that's something there that we can bring
up at another another meeting to be able
to do just that but the counselor this
is very substantial change it goes from
just with the business to now any public
setting that's that's that's huge I mean
it's not you know little it's nothing
it's not something that's somewhat minor
that use the amendments usually do you
know okay we're gonna just take this way
or do that we're talking a whole now
you're talking
a huge change and and just it's not it's
just not good business to do it like and
that's
but when meeting Zack specifically says
you have to advertise on the agenda 72
hours so that the public knows what it
is because who knows if this had been
now going to be all public locations we
could have they could have changed the
the whole amount of public emails I mean
it could've kind of you saw what
happened when I do the 25 percent
indoors and fifty percent outside which
you know in hindsight you know not to me
businesses are even going inside there
they want to be outside because they're
you know they're worried but you know
and some businesses are taken are
starting to look at doing that outside
but okay okay that's different
sure I get that and maybe perhaps under
bigger ticket items perhaps but I think
mayor mayor pro-tem also had a couple
things I would be in support of that
don't necessarily do that like the note
right like there was a couple things
that she mentioned that weren't
necessarily changing this okay what was
the note again I'm sorry you know what
you're right that was overshadowed by
the big things and I'm sorry I apologize
for cutting you off do you want to
recite it or who asked mayor pro-tem to
do that no I would love to work for her
to do it I think she had a list item and
and I don't know Jennifer does said if
let me hear what I don't see her number
on the screen anymore please her
internet does she text you no but I can
picture right now
councillor abate this to me did you
forget to put your hand down
that's apologies okay no problem
council bring : what I was telling you
no I mean who knows if this keeps if the
spite keeps going up you know we may
have to just go in that in that
direction I mean this is just like and
you know we'll monitor it again on
Friday we may have to do that and I
don't know this is this is not good we
overtook Bernalillo County whose five
times larger six times larger than us
Telstra sorry
uh Jennifer did you have another comment
no no I apologize I put my hand down
sorry sorry I thought so but I wasn't
too sure Telstra sort yeah not that I
would change my mind at all but I'd be
curious to know where these larger
numbers are coming from is it really
from the city or is it from some other
part of the county but that would be
interesting to know but that doesn't
stop me from wanting to support this
Proclamation resolution okay did you
smear Pro Tem are you on the phone
getting on now beer okay
hi can you hear me yeah I can hear you
okay I'm sorry I I got kicked off what
am i doing and I know you said something
about the health the the the if they had
a note with them or something I wasn't
too sure about that one yes any face
coverings are not required when and then
submit from wearing on to employee
period and add businesses may not allow
a person who is without a face covering
to enter the premises except for those
that person is in possession that are
written exemption from a health care
provider or written exemption I don't
know airport am I mean I appreciate you
in in what you're trying to do I'm just
trying to take it to one strong a higher
level of conforming to make face mask
you know now to try to you know there's
some people who for whatever reason
maybe they were told a long time ago
that they you know that they get a rash
or whatever they can't wear it and then
they go back and try to you know cause
them to go back to get a doctor's note
again I mean I'm like this one person
I'm not I'm not asking businesses to
become confrontational I mean if someone
just said well I can't wear it because
you know I have a medical condition okay
you know whatever if that's what they're
gonna respond but I think the majority
you know we're not going to look for a
hundred percent I would love a hundred
percent compliance but we're not going
to get it but if we can increase it
thirty forty percent more that's that's
that's a lot I think that's some life
saved right there that's all I'm looking
to do yeah I'm sure I was trying to do
this very pragmatically you know go in
go out do your business and
and we're masks you know there's gonna
be some that are gonna be trying to push
the business owner you know if they
should get a citation hopefully I would
hope that that codes would be a little
bit more understanding and say okay I
understand you know I know you you
pretty much try to get everyone to wear
it okay fine
and then who knows we'll turn that
person over State Police and get them
fine you know get that person fine I I
don't know but I don't think I can move
in that direction that they require to
have a doctor's note okay there's
nothing further Christine
well it's Christine there yes sorry I'm
here this is on the motion to approve
resolution 21-0 0-8 counselor beta
Stevie yes counselor Vasquez yes
[Music]
repeat fuscus
yes okay I'm counselor Ben Komal
yeah consort yes
cancer Flores yes sir gone that uh yet
there yes okay thank you everyone
if there's nothing further in Dana
motion to adjourn solo motion made by
counselor Florida second by Mayor Pro
Tem gondola that we adjourn all those in
favor signify by saying aye I suppose we
adjourn at 7:22 p.m. thank you