all right you guys are gonna go all right thank you thank you dominic everyone hi i i've got my audio working so we're good to go all right we'll go ahead and call the meeting to order it's 105 pm if everyone will please join me in the pledge of allegiance i pledge to see i even got a flag i pledge allegiance to the flag oh i'm sorry of course i've got somebody at the door okay can everybody hear me okay i pledge allegiance to the flag of the united states of america and to the republic for which it stands one nation under god indivisible with liberty and justice for all okay can we get a roll call andrew yes madam chair counselor sorg here mr doodle here trustee garcia here uh commissioner gonzalez commissioner sanchez president commissioner solis president uh councillor vasquez here and madam chair uh we do have a quorum madam chair okay thank you and does anyone have a conflict of interest or a perceived conflict of interest that needs to be disclosed thank you and andrew i didn't receive any public did you madam chair i did not receive any uh public comment for this meeting okay and moving on to the people of the agenda can i get a motion to approve the agenda this is commissioner sanchez i'll move approval this is trustee garcia i'll second it all right thank you andrew can you do the roll call yes madam chair counselor sorg yes mayor barasa yes counselor ben como yes mr doolittle yes trustee garcia yes commissioner sanchez yes commissioner solis yes counselor vasquez yes madam chair yes madam chair the motion passes thank you and can i get an approval of the minutes please motion to approve rather so moved thank you counselor ben como can i get a second commissioner sanchez i'll say a second thank you commissioner sanchez all right andrew can we get away madam chair uh counselor yes yes counselor ben como yes mr doolittle yes trustee garcia yes commissioner sanchez yes commissioner solis yes counselor vasquez yes and madam chair yes madam chair the motion passes all right thank you my apologies everybody i was doing the pledge of allegiance of course somebody was knocking on the door okay moving right along to action item 7.1 resolution 20-08 a resolution amending the messiah valley mpo committee bylaws and operating procedures thank you madam chair this is andrew ray for the record if you'll bear with me for just a moment while i share my screen okay before i get started can everybody see the screen share yes yes okay very good uh as everybody is aware we had the discussion at last month's meeting uh regarding the language and the bylaws the current language and the bylaws creates an inhibition for us as the npo to hold a virtual meeting we had the discussion at last month's meeting with a proposed language for an amendment to the bylaws i had a good conversation a suggestion uh from the policy committee about how to change uh the original draft of the of the language that change has been implemented as you can see in your packet and it's also the language that is present on the slide the uh bpac recommended approval of the bylaws amendment at their august 18th meeting and the technical advisory committee recommended approval at their september third meeting and that concludes my presentation and i'll stand now for any questions i'll take the slide back to the the language of the amendment mountain chair yes mayor uh i make a motion we approve the resolution thank you mayor madam chair okay counselor thank you does any of the committee have any questions or comments andrew any discussion okay uh seeing none andrew um would you like to do a roll call yes madam chair counselor sorg yes mayor barasa yes councillor ben combo yes mr doolittle yes justin garcia yes uh commissioner sanchez yes commissioner solis yes counselor vasquez yes and madam chair yes madam chair the motion passes all right thank you andrew thank you everyone moving on to discussion items ebid trail promoting process presentation thank you madam chair uh we are very pleased to have with us uh on the line today mr zachary libben from ebid he is going to be giving this afternoon's presentation good afternoon everybody i'm working also working on pulling up my presentation here i sent it to andrew so he can uh share with anybody that would like it see you again all right councilman sword did can you say that again oh just good to see you as all well nice to see you you just have a picture but um i'll i'll run i'll get my camera going here you're okay you're okay it is nice to see you guys though um so this afternoon i do have a short presentation about the both the permitting process dealing with ebid and more specifics on more specifically two trails and and how ebid uh how we can deal with trails moving forward sorry caught me slightly off guard okay i'm ready now so okay i'm ready uh so again first we're going to cover the permit process and then trail specifics and then i'd be i really welcome any comments or input or or questions that you all have ebid is a quasi government political subdivision formed to serve its members specifically to serve our members with rio grande project irrigation water surface water any use of ebid facilities requires a permit or a written agreement whether that be a trail or or to be even more specific uses for ebid facilities for recreation are not permitted without some kind of agreement whether that be a trail or a trail permit or whatever it is our permit process i have a fact sheet that covers this in a lot more detail this has too many words in this slide but um our permanent process is that a applicant must submit a right-of-use permit application to our engineering department here with a 50 plus tax application fee that's required with that application sorry the that application is available at our website or you can stop by your office and and work with us and get to get a copy from us here we are allowing a limited limited number of people into our office currently into our lobby it's highly recommended that you start discussions with the bids with our engineering department here as soon as possible for design criteria and and just discussions and the trail is a very good example of a time when that that is uh a really good idea to start that discussion early certain structures can only be designed and installed by ebid and major works like bridges uh need to be designed by a professional stamped by a professional engineer general conditions requirements responsibilities can be found on the back of the write of use application which is again available on our website which those are also the same general conditions found on a special use permit um recommend you review those thoroughly because there's a lot of information there special conditions can be added as well either by staff or during the board meeting the board can add whatever special conditions they deem necessary to approve that permit it gets the an application that gets reviewed by ebid departments that's the department heads and then we provide a recommendation to ebid's board of directors ebid's board meets the second wednesday of each month usually and applicants don't need to be present however if questions arise during the meeting it'd be great if the permittee can help us answer those questions otherwise it's likely to get tabled for the next month's meeting applications take at least a month to get through our board through our process review and approval by our board something like a trail working with the city of las cruces for example on the on the trails that were the first application was recently approved by our board it does it that required uh several months of coordination on the design to make sure that design accommodated all of everybody's needs there construction can only take place during the non-irrigation season unless there's a very good reason and any disturbance like on a bank would would fit much better during a non-irrigation season so again general information can be found on our website we've also got it here handy at our offices here and then we have a fact sheet i also included that to i sent the this presentation to andrew i included that fact sheet and it's very general it's not about permits i mean it's not about trails it's just about permits in general but it uh does have a good some good information on there um i have here with me lucas doherty who's our land and permit technician and then our engineering and land assistant is miss anna donahue i'm going to give my name zach libman i don't know if i said that at the beginning got in a rush okay uh the the pro the process specific to trails needs to start with an mou and we we've set this process up with the city of las cruces as the the first uh entity with a permitted trail started with with uh before the trails could be allowed we had to go to the state legislator what we called the trails act so that that was required to allow ebid to have trails without assuming the liability of the trail and um a lawyer could could tell you that any public entity can't identify another public entity and that's not what's required for a trail just required that the permittee of the trail take responsibility and liability for that trail and the public using that property there so that that was worked out in 2009 and the first permit was issued to the city in 2009 for the portion of trail along the dhoniana drain that is the city outfall channel so the city outfall channel goes down the portion of the donut drain and that part was permitted for that that trail over there along the city outfall channel so again an mou is required to establish mutual agreement address liability and general conditions up front then city of las cruces and ebid have an mlu in place and following the more recent approval of a permit for the messiah drain segment of the city's go bond trail we've come up with some new special conditions and uh we've been in discussion with autonomou and so those special conditions that we came up with that are sort of lessons learned and uh some new items that have arisen that need to be included in the mou and and i think that document's gonna turn out uh very good and will you uh really lay out what we're trying to get done there um a special use permit still required for the discrete segment of ebid system and that's where we get into the design and specifics of each one of those and then the alignment for each discrete section of a trail needs to be discussed in detail with dbid up front so that we can work with our operations and maintenance departments to provide input we we for example with the working with the city on the trails that they have planned with a go bond ebid is not going to give up the bank that we use constantly for a trail but we can work with in most areas designating one side that we don't use as much for the trail because then the big benefit to us is getting the foot traffic away from the bank that we're going to be using and on to the other bank leaving our our operation and maintenance bank for our uses and that comes up again later so ebid's board will not approve permits for uses that significantly detriment ebid's purpose and objectives and obviously our ditch writers being able to get to check gates and turnouts and such is what would detriment our purpose and our objectives so the tree has to be designed so that it doesn't significantly hinder ebid's operation and maintenance so only one bank shelf will be authorized with ebid dictating which bank will continue to be required freebie ideas operation and maintenance and under no circumstances will a permanently be allowed to assignment simultaneously use both sides of nbid facility because we wouldn't uh we would have challenges being able to use to do our operation and maintenance the permittee is responsible for liability and enforcement of non-motorized use and ensuring that the public doesn't use the other the other bank and doesn't enter the water prison which is a concern of ours no structures pavement park equipment landscaping will be allowed to impede the water prism or freeboard the trail would have to be will be subservient to ebid's purposes and agricultural functions and maintenance no use will be permitted which will degrade the quality of the water trails must be mountable for ebid operation and maintenance when necessary so that we can do say in an emergency or whatever it is um and then trails are subject to closure for emergencies and if we had to do an operation and maintenance or whatever it was they're subject to closure for that reason so going back up one slide this point about ebid will not approve permits and significantly detriment ebid's purpose and objectives ebid is uh formed to serve the agricultural community with surface water and on that note the board has also made it very clear to us that we shouldn't waste our breaths with trying to run a trail through an area of farmland there's there's great places like through the city las cruces uh through the town of messiah that farmland isn't adjacent to the to the canal where the the bank for the bank where the trail might be proposed if a permittee desires to run a trail through a pecan trip for example they will need to have discussion and some kind of agreement with the land adjacent landowner otherwise it's highly unlikely that ebid's board would approve a permit for a trail that ebad's members are in agreement with so in the event that improvements or landscaping or damaged during ebates operation and maintenance or irrigation system emergencies the permittee will be solely responsible for the costs associated with replacing the landscaping or improvements or trail uh ebad obviously fix the the ditch break and repair the function of the canal bank that we need but putting the trail back be the responsibility of the permittee and then again no liability can follow upon ebid for damaging the facilities or improvements installed by the permittee on ebid properties so if we do have to get in there for an emergency and it requires a track coat and that damages the trail ebid won't be responsible for that and then the the probably the biggest hang up and this is why the trail act was required is that ebid won't be responsible for liability associated with the safety of the public utilizing the primitive property or for any criminal activity or in the vicinity of the primitive property and the permittee has to maintain the trail in such a way that ebid can maintain this immunity the perma-tea is going to have to keep the inside and outside slopes of the bank of ebid's canal lateral drain free of weeds trash and debris and erosion again we don't want to get in there on that side of the trail we're going to leave that to the permittee to keep up the weeds and such along there the goal would be that we don't have to go down that bank with a backhoe to address weeds or whatever it is that that would be up to the permittee and that leaves us the next point that the permit team must address and respond to concerns or complaints of the public uses of the trail neighboring landowners ebitd members whatever it is stemming from the trail in any permitted use we don't want to be dealing with if there's a pothole or there's a tumbleweed or whatever it is that's not going to be ebid's responsibility to address those concerns the permittee's going to have to place and maintain signage along the trail notifying users that the the bank that only the bank designated for a trail is for public use and that the other bank is the use of the other bank would be trespass and is not allowed so that that that'll need to be made clear that the other bank is not to be a trail so that we can do our operation and maintenance there again that's a big benefit to ebid that we can get that traffic off of the one bank onto the other bank and then ebid can do its operation and maintenance from the the one banks that's what we're agreeing to is giving up uh normal operation and maintenance on the on the trail side in lieu of getting those folks off of our our canal bank that we're using for operation and maintenance then lastly sort of a right to farm act part of this that the permittee can't allow the permitted use of ebip property to to prevent or be detrimental to ebid's ability to operate and maintain its facilities or agricultural uses or farming practices of the neighboring landowners the permitted use of ebid property shall not detriment the la the right to farm or the neighboring landowner so we can't have whoever it is the permatease saying that farmer next to the trail can't spray zinc or can't spray uh herbicide or a pesticide or whatever it is because of the trail we can't let that happen because it's it's critical obviously that we keep the agricultural the ability for our farmers to to farm construction and maintenance of the bank this is designated for a trail is going to have to provide adequate freeboard which means for like a canal that the bank's going to have to be built a bit in some places to meet our minimum free board so that we are keeping the water in the canal specifically once that trail is put on top if we didn't require that bank to be built before we put a paid trail for example not that all trails have to be paved i'm not i'm not saying that but uh before it were to be paved the bank's gonna have to build up to that minimum freeboard but it'll be hard for us to go back there and raise the banks obviously once there's asphalt on the on the canal bank so gates removable ballers will need to be constructed and maintained again to keep the motorized use off of the off of the trail and to limit the public access to the side we don't want the public on we also reserve the right that if a problem arises we may be we may need to require more gates in the future and then ebid will have access to its property at all times to be able to do what we need to do so with all that being said i'm open to any questions or comments concerns input whatever if you guys have anything for me i'm we're happy to help thank you mr levin for that presentation very informative does anyone on the committee have any questions i do yes mayor okay thank you hi zach how's it going great how are you doing today mayor i'm good thanks zach on the gates um does ebid install the gates there or is it the responsibility of those that are building the trails to provide those gates because i know you'll you'll need uh for them to be locked that you all will have keys so who's responsible for installing the gates um along a trail will definitely be the permittee's responsibility to install those gates in general we do cooperate with our farmers sometimes to put gates up and and they pay for the materials and sometimes we'll install them although we've been so behind on fabrication we haven't been doing that much anymore so so for example in the in the case of say autonomous trail we'll want the permittee to install those gates and and you're correct the ones that removable bullards might be a little bit tricky we could probably share a key for those but any gate on ebid facilities always need to have an ebi-d lock and if they can uh so pretty much they need to have both of our locks on it so we can get in whenever we need to and the permittee for any gate any farmer whoever it is they can have their luck and we can have our luck okay okay thank you that was my only question thank you mayor does anyone else have any questions comments um i have a question madam chair yes counselor thank you um uh thank you mr livin for the presentation very informative uh first i want to say thank you for your partnership uh with the city for creating a better trail system uh here that uh is just really beneficial for our community um it's uh you know it's i think the ebid uh laterals and canals have been used for a long time um informally probably right for recreational purposes walking and biking and that kind of thing so being able to legitimize this through a formal mou i think is a great benefit to our community i'm wondering in terms of the permits that you currently have do you have other permitees for trail uses besides the city of las cruces and maybe messiah um counselor we we do not yet um currently the city likewise i'd like to to share your thanks back to the city for the city working with ebid to legitimize some of these these areas and get these trails built and to make these uh these beneficial multi-use access legal and i think that's uh one of the benefits cbi d2 is to legalize that and then again the city is taking the liability is is a big help to ebay id as well so that's one of the benefits gpid one of the reasons the board's willing to consider that and it's been one of gary's visions for a long time that we we partner in that so the answer to your question is no um we don't have any other permitees at this point uh we we have it has been a pleasure working with the city staff as well uh tony trevino and these folks have been have been very easy to work with uh cooperative and uh we've definitely made a lot of headway on these permits and and the designs for the trail specifically so that's that's been going well and i and i think that will help spur uh some of the other entities to to want to do that as well so we've been working with the town of macia i just i i guess i i just lost the guy's name at the at the autonomous just just blinked i could see his face but anyway uh he he's been a a pleasure to work with at the at the town of messi as well and we're just starting the the process the the dona ana county is the only other entity that we've talked about trails with but they have been uh not as cooperative as the the city or town of macia but eventually we'll probably also have a trail with the village of hatch in the near future too we're already working on a pipe piping the lateral to set up a great place to have a trail to the village of hatch as well thank you mr living that's exciting to hear um that potentially we could have a network of uh local governments that would partner with ebid to formalize this network of uh transportation and recreation i think it's such a great asset that we have here that could just continue to expand so thank you for that um i have a question as it relates to special events uh you know assuming that like many other city parks uh or recreational facilities there might be an interest from the public and hosting a special event uh for example i'm thinking a 5k run or 10k run or maybe even a bicycle race or something like that fundraiser all those kinds of things that people do on city parks what how does the special event fit in within an existing permit with a local government uh is the city allowed to then issue special event kind of permits or is that something that needs to go back to ebid for uh additional permission i'll be honest that that is a really good question and that's one that we've kicked around recently i guess it hadn't been thought of during the during the mou um so it would be great if that was something we could address in the mou i gotta be careful not to speak without talking to your counsel first but my my opinion would be that once the city's taking the liability of that i wouldn't see any issue with the city having a fun run as long as the city is the again being the permittee has blessed that as uh something that you're willing to take the responsibility of that you don't uh that somebody doesn't decide to have a motorcycle race down the canal bank and say the the city gave them permission when you didn't um i think that's probably what that that's where i'd be coming from but that would be great if we could have that addressed in the mou so that up front our lawyers specific council council specifically or have have a chance to have input on that but i i think my opinion would be that once it's blessed as a city trail and the city's willing to take responsibility for that then it should be able to be included within that original permit i think okay thank you that's how that's very helpful um to think about about that and then the other question is around motorized use atvs utvs as long as i've lived here and have been around the ditches i've seen motorized use um and and dirt bikes as well uh on on the ditches frequently um honestly all the time uh any given day there's there's probably some motorized use and so uh a lot of that happens on the trails that are not or on the uh laterals and ditch banks that are not going to be part of the official maybe trail system so how does ebid currently deal with the issue of enforcement of motorized fuse on on your trails or on your laterals so so you are correct it's hard to deny that there's not a lot of that going on we are we are working daily on addressing that through signage mostly at this point enforcement of that is extremely hard as well because we have worked with the county sheriff and the the city police and codes enforcement uh the autonomous sea of marshall worked with with those entities to help us with enforcement of these issues um but again an atv for example unless they were to stop and wait for the police officer to come for example they're gonna be very hard to to make an example of one or to address that we are putting up more gates as necessary and anyone can can apply for a permit for a gate so a farmers are commonly applying for for permits for gates um an example uh an example would be but another example would be that the city could apply for a permit for a gate anywhere if the if they're having a problem with that likewise ebid has installed plenty of gates uh just to address that where like tortugas for example we had a terrible issue with with those folks trying to use that as a shortcut and four-wheelers and and such and it got dangerous and very challenging for our ditch riders so gates are tricky because on canals and laterals they obviously have to be open during water season so that our ditch riders don't have to open and close the gate open and close the gate everywhere they go but we do want especially non-irrigated drains can be gated almost any time but not irrigation season we want those shut down just to make that really clear to folks that is not a road and that's one of the biggest issues is that if it's a city road or a county road then that's that's great we can work out that agreement but otherwise we do not allow uh motorized use of our banks uh with one exception but we don't allow motorized use of our of our canal banks for legal ingress and egress recreation any of those kind of things i've got a we've been putting little utility markers up with some with some stickers on them that say maintain for the storage and version of water no trespassing not a road all over the place um and you now that i showed that to you you probably see them around we put up 1400 of them so far and got another 2 000 to install working to get it more clear to folks that they're not supposed to be there and then that makes enforcement just that much more important to that we do address that at some point but definitely a challenge and definitely a problem both liability but also just our normal operation and maintenance when you've got somebody that pulls up to you with an on a four-wheeler and stands there looking at you like you need to back up and get out of the way it's uh it's challenging thank you mr and i appreciate your honesty in that and i know it's a challenge um in terms of the enforcement piece of that i think it's important to to start thinking more about about proactive enforcement i could imagine and i've seen it happen actually clicks between users on whether it's cyclists or trail runners with folks clearly that are on motorized in motorized vehicles on trails that are not meant for them you know as those trails become more widely used and i can see it perhaps happening more this summer just because of the amount of people that are outside uh walking and being outdoors um you know those conflicts could could could potentially be bad but but also as you mentioned you know all the other issues related to justice the the safety of having motorized vehicles on on the on the trails anyway and in the laterals but i think that's something for us to to maybe continue to look at with with the partnership between the city um and ebid and maybe even some targeted enforcement operations from the part of uh within the city jurisdiction the police department and also donate county um i just think it could go it could go bad with increased traffic if we're not proactively trying to enforce some of those issues i'm sure local uh city police department be willing to to work with you on something like that um and we do hear complaints you know from folks from from our constituents as well of just high speeds um folks riding down high speeds especially down by the river um mostly in this tia but um some of it around this around the valley area as well i think those are mostly all my questions um i'm gonna throw one wild card out there uh just because we're here um but you know i've always i've always wanted to have perhaps a natural area for folks to fish you know like a little pond or something in the city that would tie into some of the ditches and maybe use some existing water rights to to build a nice little place when i was a kid i used to fish at the uh near the messiah valley uh bosque state park um because it just you know some of those places held a lot of water and a lot of a lot of different species of fish and i always thought man how cool would it be to have a place for families to fish but um is there anything has ebid ever given any thought to creating uh in terms of expanding the recreational use of you know a little pond or something like that for for families and kids to fish around the ditch network so so i mean i i gary would would never say no to that idea with with the caveat that liability is always the issue right so we we've created some some neat sites um in ring cone and we've got a really neat site down in sunland park we call dias lagos where we widened a drain uh made it into a habitat site is not designed specifically for aquatic habitat it's more riparian avian habitat but there are certainly fish there as well and using that as an example the city of uh sunland park wanted to call that a recreational site and allow fishing there we could definitely work that out so so i don't think that's out of the question uh liability is the the first challenge we don't usually allow the public on ebid property unless it's permitted right but beyond that we there are some neat opportunities even near the merced by bosque state park we've got a great project just north of there might be a little bit trickier in terms of access to the public on private property i'm not sure if that farmer would want that to be a public site unless again we talked to him about it and uh somebody took the responsibility of that state park or whatever state parks or whatever it is wanted to take the responsibility of that we could certainly allow that i i think that's a a creative a creative idea that's worth pursuing because it's it's it's a good idea yeah and chair yes yes i i just a message to council vasquez to stay tuned uh later this month we'll be talking just about that uh very subject here coming up in our work session thank you thank you councillor sorgan thank you mr libman those are all my questions i appreciate it and uh again thanks for your partnership with the city uh on the trails likewise thank you madam chair thank you councillor vasquez great dialogue great information um does anyone else from the committee yes madam chair i i have a question as well yes so do i okay uh i think uh we'll start with counselor bencomo and then follow with counselors or thank you madam chair um yes thank you for those questions counselor vasquez that's a great conversation maybe you can talk about burn lake and how born lake can also be included in one conversation um and thank you mr levin it's nice to zoom meet you um and for the presentation there's i'm one of the newer counselors on here so it's great to to hear this back um background information um just for my own curiosity the ebid board of directors are those appointed or elected or who are who are those members ebid's board of directors there's there's nine board members although they have a geographic zones they're elected at large or they're elected by the entire ebid membership with greater than two water added acres so the ebids board are elected by its members of farm track so we consider less than two acres to be a flat rate or a small track user and honestly they don't get a vote on the board but the those tracks are two acres and larger each one of those landowners gets one vote towards the the board of directors free bid i see great great thank you um honestly my only other question is around um since i have you here also um around cleanup and um just because i get a ton of constituent calls around um some of you know like ditch cleanup that runs right behind their house i'm curious for you can you let me know like what that schedule is what that process is what's the best way for people to connect with you about it um and then you know i know this is a ton of questions but maybe my last question around it is how can we better coordinate with ebid in the city to ensure that some of these places are are um the cleanup is kept up with you know those are great questions and one one first point to make is that ebid's purpose is definitely to deliver water to its its members we have a network of canals and laterals as well as a drain network and the drain network which are probably the more problematic for uh cleanup and debris and such are intended to grain drain the groundwater keep the groundwater table from getting so high that it detriments the farming so those are not maintained ex very often they may sometimes be on a 10-year rotation of being maintained and the only place that that sort of becomes a problem is where the like ebid and the city interact in so the the city residents would like to have that much more beautified than is what ebid's purpose so the ebid and the city been talking about this for a long time apparently so in ninth it was 1964 the city and ebid entered into a beautification agreement where the city agreed to the beer reclamation at the time in fact agreed to keep up with the maintenance a bit more within the city limits i'm not using my lawyer terms but uh the the bureau reclamation agreed to keep up with maintenance more and the city of las cruces agreed to help in certain cases for all the pipe portions and also places where ebid ebitds equipment is too large because we are better suited for sort of the middle of nowhere farming uh farm farmland we are good at cleaning out a drain ditch and in garfield new mexico but you get up against a bunch of homes in macia or las cruces it's a lot trickier you can't just pile the debris like when we're going through and uh our first flush of water we go through a tobacco and dip out that trash and set it by the side of that culvert let it drain out and to be honest in the middle of nowhere when it's when it's tumble weeds they burn in the middle of nowhere in the city it's not tumbleweeds it's styrofoam and floatables and a bunch of trash and we do set that to the side to uh to be picked up later and we have been working with the the city streets department to to come up with some better solutions to how we can get that done because again like you're saying somebody would call and say hey you guys put this here yesterday you need to come pick it up and we're saying well i mean we're still flushing water we are not going to get to it tomorrow or even this week but we need to not let it sit there for a year either so we are working with the city road department we're also working on updating that that uh beautification agreement to better outline some of these areas make it better to find and and make enforcement a a better part of that i mean we do need code support in that we both deal with homelessness along the army whole lateral for example and folks saying uh the the homelessness behind our building is out of control and then city codes will may say we can't do anything about it is that cbid property which isn't true we have to work on work together on addressing these problems together so my in summary we do have a beautification agreement already and uh we need to work on updating that and seeing if we can't step that up a bit in tandem without it being all the complaints going to the city or all the complaints coming to ebay so we can uh work together on getting that that cleaned up so we so it can be a beautiful city and even even where ebid intersects the city absolutely thank you for that explanation i'll definitely check in with our new city manager about about this and the beautification agreement and how we can best work together like you said i mean i'm very excited about the go bond trail system that's upcoming i not just for myself i live right next to the aramiho lateral but um for district four and and the opportunity for connectivity and getting people you know out of their cars and walking to places so i'm very excited about what that's going to provide um and and of course would love to just see it like you said more beautiful and so um i'll definitely touch base with our city manager and and perhaps we can touch base um back with you um just on how we can improve improve this so thank you very much that was all my questions manager i'd also like to offer uh us for for anybody on this on this uh mpo policy committee especially city councillors and such too would love to offer a tour of the district and show you sort of the north and south extensive some of the some of the district and some of the stuff that we are doing but we are doing some exciting projects that are maybe not within the city limits but can have impacts to the water supply thank you mr libben i would love that all right thank you mr levin thank you councillor ben como counselor sword thank you madam chair i just wanted to thank uh zach and the elephant butte irrigation district its board of directors and members uh for doing this um this has been a long time in the making um many times in the past i've seen these uh laterals and and uh canals and so forth that thinking that it would be such a great place for people to get out and do some walking and maybe even some birding um and to uh uh better for the public so again thank you very much zach and and everyone involved in this uh appreciate it and uh just as the last word i'm always up for a tour let me know sounds good all right thank you counselors or anybody else from the committee madam chair yes mayor so i just want to uh definitely thank zach for working with rod uh on this project that we have going on here in the town of messiah with the trail and i i don't know if you all everyone here on the committee has had an opportunity uh the trail is in the works it's coming off the river levee here on cayo which is very close also to the bosque park and so i know we here in the town embassy are very excited about it to have this walking trail and hopefully with phase two which is one of the ones that will be uh actually on one of the ebid uh irrigation ditches that uh is going to be something new for us but uh we're excited and so it's all new to us but then we're also working with ebid well more department of transportation and trent um you you can comment on this too is on university avenue where ebid is working as a partner with department of transportation to put that lateral on university underground so i'm really excited about that more and more people are using the the ditches uh for walking uh ever since the pandemic started there are numerous people out there on their bicycles or walking walking their children their dogs bicycling so i see in the future where more and more of the ditches will be used for walking trails so i appreciate the partnerships that we have with ebid and them open and willing to work with municipalities to make this happen so thank you thank you mayor uh any other committee comments or questions for mr living okay again thank you very informative um and thank you for all that you're doing for all of our region and um the residents and so thank you mr libben my pleasure it's a pleasure working with you all too and your staff as well thank you all right um andrew are you uh ready to provide uh joint powers of agreement update yes madam chair although before i move to that uh i will say that i'm going to uh email out a copy of mr libman's presentation and the fact sheet that he provided uh to the policy committee as soon as this meeting is over um thank you yes councillor ben como i was just going to ask andrew if he could include hit uh mr lemon's email address i i will certainly do that as well uh moving on then to the jpa update this is going to be a very brief uh uh update um the the work that we've done over the past month is i've gotten the information from the city of las cruces in mdot dona ana county about who their preferred representatives for the negotiating the specific negotiating process itself councillor sorg is going to represent the city of las cruces uh mr doodle will represent nmdot donyana county has designated miss angela robertson uh from their community development department she's the chief planner uh as the representative and the town of messiah i have not heard from as of yet so i'm hoping maybe today but soon the process that i think we will need to do is at i'm hoping to have all the information for the october policy committee meeting for the policy committee to have an action item to specifically designate and empower the subcommittee to undertake the jpa negotiation process and then once that vote is taken then we can go ahead the subcommittee can can start work as i have said from the beginning this is a brand new process for me i was not a participant in the last time around so i think we're all kind of going to be making it up as we go along but i'm hopeful that once a negotiation process gets started it won't take more than a month or so so hopefully by the end of the year we might have a draft of the jpa to present to the policy committee for action at that point we will then need to start taking it to the city council the county commission and the board of trustees for their action to adopt uh the jpa and then it would be sent to the state of new mexico for the state of new mexico's consent so uh even once we get this process rolling it is going to be several months worth of work so i don't want to mislead anybody to think that we're even though it's taking a while we're not working on it um so just does anybody have any questions or comments about where we are in the process uh before we move on andrew um i i believe that the mayor uh had sent an email stating that she was gonna represent the town of messiah uh just needs to go through the the board for a vote but i believe that's that she had sent an email madam chair she did uh i i guess i interpreted that as provisional until waiting for action from the board and i had not heard if any action from the board uh had taken place and and the subcommittee has not been empowered by the policy committee to meet yet so there's been there's been no activity but i have i did receive that message from the mayor but i wasn't sure if that statement from from the mayor was final yet no you're you're correct it's still it still has to be presented to the board yeah but i believe the mayor's gonna gonna serve on it so all right uh any other questions for andrew comments regarding the jpa none okay moving on to mr doolittle good afternoon thank you madam chair um i'll be very brief um we really still only have the one project ongoing in the area which is university and i-25 um continues to progress very well anytime you drive through there you get to see numerous changes um expect here in the next few weeks they'll start setting the girders and getting ready to do the travis bridge so that'll all start to come together to see how travis will dump under the university into pan am when that bridge goes up so it'll be a little more visible the other thing i wanted to share with you all is we've been working very long on the new mexico 404 and 213 corridor for those of you that aren't aware that's the anthony gap that crosses from i-10 to chaparral and then south into the texas state line we actually bid phase one which is the interchange at i-10 we did that on august 21st um it came in a little bit high but i don't see any reason that the contract won't be awarded i would expect that we'll see construction begin probably towards the end of this calendar year the first of next year um but anybody that's driven through that knows that bridge is is pretty narrow the signals aren't timed real well because they're really close together and there's a lot of traffic using that as a bypass through around el paso because of the construction so we're excited to get that project started and then just so you all know um phase two will be four laning all of 404 to the 213 intersection it'll be divided highway with concrete barrier four lanes we have talked about bringing in multi-use trail access for bicycles those kinds of things that will separate them from the traffic knowing it's used quite a bit but we're in the design phase of that so i don't have a whole lot of details but i wanted you all to be aware um what we're doing along that corridor um and then the last thing i wanted to share with you all is on friday nmdot is presenting to the legislative transportation infrastructure revenue subcommittee this is something we do every year we go over our needs we highlight some of our successes that we've had over the past year but i just wanted you all to be aware that as we get into the legislative session in the next several months we as a department will start presenting to subcommittees um so that's where i'll be on friday um it's actually a zoom meeting just going to be kind of interesting um but uh i'll be presenting to them on friday and with that medan chair i don't really have much else but i'll take any questions anybody may have madam share this commissioner sanchez madam chair you're muted if you're trying to speak thank you i guess commissioner sanchez my apologies thank you uh mr doolittle i i'm excited to hear um that 404 is getting uh a facelift i know um having having to ever go to the el paso airport and then just uh from my family going to the northeast part of el paso i know that or chaparral um cutting across can can be uh you know depending on let's really increase the amount of traffic that's gone through there with everything that's growing in el paso and chaparral um in that area it's so i'm looking forward to seeing how that progresses um i was just wondering if you had any updates on the a to b study um on i-25 and also the uh the elks trail um commissioner i i don't have an update for you i'll try to find something out um and share that with you all um i'm not sure how far along they are with that last month they were reviewing and negotiating the cost of the rfp so if they have started it's going to be very preliminary but i'll see what i can get for you and then the other thing i'll be sure to do as we move forward is when they have their public meetings i'll let you all know so that you can certainly share with your constituents so that they can provide their their concerns but i don't have much much on that one for you i apologize but i'll work on that and then the other one you mentioned was the the elks trail yeah that that one on the i believe it was part of the tip plan i thought that was uh still within the d.o.t or d.o.t was providing some uh maybe it was just your probably funding to to the county for that um it must be i'm not aware of a project that we have to do any trails along elks okay because it's it's the the trail and andrew if you can correct me if i'm wrong i maybe i'm uh i believe the money may have come in and maybe been approved by the dot but it was going to be the multi-use path from uh out it was on alex just north of the columbia elementary going up to the uh donana park area right there but i thought it was all part on d.o.t right of way madam chair commissioner sanchez mr doolittle um no that that road that project is on uh the county right-of-way uh to the best of my knowledge up there um the the nmdot relationship is that dot uh is uh providing oversight uh and providing the funding through the mechanism the transportation alternatives program um that's uh process is run through the south region design center i i believe it may be judith gallardo but it might also be jessica hunter um i i can't remember off the top of my head who are the appropriate liaisons for nmdot to provide updates on that i actually personally mpo staff i have not received an update about the status of that project so i'm i'm not able to provide any additional information myself at this time either no thank you andrew and i'll just i'll if it is within the county i'll i'll get with our rhodes and engineering department and get get an update i appreciate it now and uh mr doolittle if you get any updates on that uh on the a to b study i really appreciate it just i was just curious what uh where we stand on it and you hit the nail on the head in terms of getting public input there are opportunities for it i just want to um find if there are ways and and and make sure we're advertising because i figure that it might be virtual or something of that nature um so i want to make sure the the especially the constituents in dona ana in the donaiana area have an opportunity there particularly to give some input on on that northern section certainly thank you thank you commissioner sanchez and and andrew as well um any other questions for trent or comments okay seeing none thank you thank you trent thank you madam oh yes you're very welcome um do we have any committee comments before i turn it over to andrew okay seeing none andrew any staff comments yes madam chair we do have one um as the committee is aware uh miss valerie sherman left the npo last month to take a job in texas unfortunately i had hoped to be able to report to the policy committee that we had gotten the job posted we have not been able to do so we're dealing with some administrative issues internal about getting the the position description updated um the the last time that we actually hired for the associate planner position uh was back when dr mcadams was hired back in 2014 so you can imagine that was six years ago and the associate planner position has changed significantly in that time and now the associate planner is responsible for the coordination and oversight of the traffic count program which makes it a very different position than most than the other associate planner positions within the city of las cruces so we're currently trying to get the job description uh updated and rewritten so that it accurately reflects the responsibilities of of what the mpo will be expecting of the associate planner so that we we basically the objective is we want to ensure that we have informed applicants who who will understand there's going to be an outdoor component to to this to this uh position we don't want to bring anybody in and them not understand that from the beginning so we're still tied up in that i'm hoping to be able to to work through this very soon working with my director uh within the city of las cruces to get that pushed on through so hopefully by the october meeting i'll be able to announce uh that we have the position posted and that's the only mpo staff update well there's one other thing uh next month i know the committee is aware that we uh will be uh that we had to change the uh the tip process that uh earlier this year nmdot was planning to go to a four-year tip cycle after con consultations with fhwa nmdot leadership pulled back on that decision and we're now going to remain with the two-year tip cycle unfortunately we approved the upwp without a tip development cycle in it because we didn't anticipate that we were going to need it so we will be bringing a upwp amendment to the policy committee at the october meeting okay all right thank you and did we get any public comment uh madam chair let me check my email i have not uh i got several dings but none of them relevant to this meeting so no madam chair okay with that um thank you everyone for your participation we'll see you next month and with that we are adjourned thank you madam chair thank you everyone thank you