On May 13, legislative economist told the New Mexico Legislative Finance Committee that state revenue collections for the current budget year are up by more than $440 million than was projected in December, 2021

According to legislative economist, the surplus continues to be the ongoing surge in oil production in the Permian and an increase in statewide wages and employment levels that have resulted in a significant boost in personal income tax revenues. Gross receipts tax collections are up by $248 million projected 4 months ago in large part because of inflation and the rising cost of goods and services.

The overall state revenue windfall the state has been experiencing for almost the past 2 years has allowed the legislature to increase state spending to $8.5 billion or upwards of 14% for the 2022-2023 budget year that starts on July 1 and ends on June 30, 2023. Under the 2022-2023 enacted budget, teachers and state employees were given salary increases and taxpayers will be getting rebates of up to $1,000 per family.

A breakdown of which revenue sources are up and provided by the state economists to the Legislative Finance Committee for the current fiscal year that ends June 30 is as follows:

• Gross receipts tax – $248.4 million up
• Personal income tax – $243.7 million up
• Mineral production taxes – $20.5 million up
• Corporate income tax – $43.8 million up

In addition to New Mexico’s increase revenues, the state will be receiving more than $26 billion in federal pandemic relief funds.

INVESTMENT INCOME DOWN

The LFC was also told that the states Investment income is down by $111.2 million. The reason given for the decline is that rising interest rates have caused investments managed by the State Treasurer’s Office to decline in value.

WHAT TO SPEND IT ON

The large cash infusion to the state no doubt will allow for more spending in areas considered critical, such as education. Legislative Finance Committee Director David Abbey said lawmakers need to consider setting aside much of the new money in endowment funds for college scholarships or other purposes. Abby told the LFC the state’s Opportunity Scholarship program, which covers all tuition and fees for qualifying New Mexico students, should be considered.

The Opportunity Scholarship program received $75 million in total funding during the 2022 legislative session which ended in February. The scholarship program could eventually end up costing more than $100 million per year to maintain, according to legislative data.

REACTION BY LEGISLATORS

Upon hearing of the new projected revenue increase, Senate Majority Leader Peter Wirth, D-Santa Fe had this to say:

“It feels like we’re in a position where we really have an opportunity to make significant investments right now. … This is an opportunity that in the 18 years I’ve been here, I’ve never seen before.”

LFC members expressed concern over New Mexico’s ongoing reliance on the oil and gas industries as a revenue source. The oil, gas and mineral extractive industries make up about 38% of state revenue during the 2021 budget year. The reality is that as revenues decline from oil and gas production, the budget still grows and there would be a need for budget cuts unless the revenues are replaced with a new revenue source.

Republican members of the LFC said during Friday’s meeting that the interim Revenue Stabilization and Tax Policy Committee needs to take a cautious approach to spending budget surpluses given the uncertainty over future oil and gas production.

While some Democratic lawmakers have raised concern over the extractive industry’s role in climate change, Sen. Bill Burt, R-Alamogordo, said additional state regulations on oil and gas operations could “choke” production and hurt state revenue levels.

Currently, much of the state’s revenue windfall is flowing into an early childhood trust fund established in 2020. That’s because lawmakers set up the fund to benefit from robust tax collections on oil and natural gas production.

However, the fund’s explosive growth – it’s projected to balloon to more than $4 billion by 2025 – has prompted lawmakers to consider legislation that would make it easier to use the fund for other child-related programs.

At least some of the state’s revenue windfall might have to be put to use replacing federal funds and covering obligations that include increased taxpayer contributions into the state’s teacher retirement fund.

In all, those recurring budget needs could total $266.3 million for the fiscal year that starts in July 2023, according to legislative data.

https://www.abqjournal.com/2498844/nm-on-track-for-big-budget-surplus-as-costs-wages-increase.html

TAX STABILIZATION FUND AND THE EARLY CHILDHOOD TRUST FUND

Two separate funds were created by the New Mexico Legislature to ensure that there is adequate funding to continue to provide essential services and deal with bad economic times such as when the pandemic hit and at the same time state revenues plummeted as a result of the oil boom bust.

The two funds are the Tax Stabilization Fund and the Early Childhood Trust Fund.

The Tax Stabilization Reserve Fund is referred to as the “rainy day fund”. It was created by the legislature in 2017. The revenues for the fund come from royalties or tax collections on the oil and natural gas industries that exceed a five-year rolling average.

The Early Childhood Trust Fund was created by the legislature in 2020 at the insistence of Governor Michelle Lujan Grisham. The funds revenue source is the same revenue source when total state cash reserves amount to 25% or more of the state’s approved spending level. Funds also come from mineral leasing payments on federal land. The trust fund makes annual distributions to help fund early childhood programs statewide, a major priority of the Lujan Grisham Administration.

According to the Legislative Finance Committee, both funds are projected to spike considerably over the next 2 fiscal years with the following projections made:

TAX STABILIZATION RESERVE

Fiscal year 2021: $1.8 Billion Fiscal Year 2022: $2.2 Billion Fiscal year 2023: $2.3 Billion

EARLY CHILDHOOD TRUST FUND

Fiscal year 2021: $334.7 Million Fiscal Year 2022: $505.4 Million Fiscal year 2023: $283.6
Note that based on revenue estimates released a total of $1.8 billion is projected to be in the Tax Stabilization Reserve fund at the end of the current fiscal year that started on July 1, 2021 and ends June 30, 2022, or more than half the state’s estimated $3.1 billion in total reserves. Also not that upwards of $1.1 billion is projected to be transferred into the Early Childhood Trust Fund over a three-year period ending in June 2023.

In August, according to the Legislative Finance Committee over the last decade New Mexico’s revenue levels have gone up and down from as low as $5.7 Billion in 2013 to now a projected $8.8 Billion in 2023 and fluctuated widely from year to year. The reported breakdown by fiscal years is as follows:

2013 – $5.7 billion
2014 – $6 billion
2015 – $6.2 billion
2016 – $5.7 billion
2017 – $5.7 billion
2018 – $6.8 billion
2019 – $8 billion
2020 – $7.8 billion
2021 – $8 billion (estimated level)
2022– $8.1 billion (estimated level)
2023 – $8.8 billion (estimated level)

The links to quoted source material are here:

https://www.abqjournal.com/2423653/nm-revenue-levels-projected-to-soar-to-all-time-high.html

https://www.kunm.org/2021-12-03/fri-new-mexico-approves-public-financing-for-cannabis-businesses-details-of-teacher-raise-proposal-emerge-more

https://news.yahoo.com/windfall-oil-gas-revenue-boosts-165556190.html

COMMENTARY AND ANALYSIS

The biggest area for certain that will likely get significant attention and more attention in the January, 2023 legislative session is that of the Public Education System. Least anyone forget, it was in July, 2018, that Santa Fe District Court Judge Sarah Singleton ruled in the a the land marker education case of Yazzie v. Martinez case that the state of New Mexico violated the constitutional rights of at-risk students by failing to provide them with a sufficient education.

The Court ruling centered on the guaranteed right under the New Mexico Constitution to a sufficient education for all children. The lawsuit alleged a severe lack of state funding, resources and services to help students, particularly children from low-income families, students of color, including Native Americans, English-language learners and students with disabilities.

New Mexico has been struggling for decades to diversify its economy, wean itself off of federal government spending and reducing its heavy reliance on the oil and gas industry where the state gets nearly 40% of its revenue from. When the oil and gas industry booms, New Mexico becomes flush with money and when it busts, the state revenues plummet causing financial crisis.

With $3.7 billion In Federal Infrastructure Investments and Jobs Act Funding, the allocation of $478 million in federal pandemic aid out of $1.1 Billion in pandemic relief and the $1.6 billion of projected windfall from oil an gas revenues, the state’ s decades long financial woes may finally be coming to an end, but the state is still too reliant on oil and gas revenues.

The next 4 years of government expenditure of billions may prove to be a once in a lifetime opportunity not only to address the state’s failing education system but to diversify the state’s economy.

On June 6, the Albuquerque City Council enacted a series of amendments updating the Integrated Development Ordinance. The legislation passed on a 5 to 4. One of the amendments was the “Safe Outdoor “Spaces”.

“Safe outdoor spaces” will permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The Integrated Development Ordinance amendment sets a limit of two in each of the city’s 9 council districts. The cap would not apply to those hosted by religious institutions.

Some councilors’ vehemently voiced opposition to “safe outdoor spaces” to the point that the city council voted down the entire update of the Integrated Development Ordiance (IDO). The bill contained well over 100 amendments containing many zoning code changes. The update of the IDO initially failed on a 4-5 vote during Monday’s meeting.

Republican Councilor Trudy Jones, who had voted against the update, subsequently asked to reconsider the legislation. She changed her vote on the second vote, giving the bill a narrow victory.

Republican Jones joined Republican Brook Bassan and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn to pass the legislation.

Republicans Renee Grout and Dan Lewis and Democrats Klarissa Peña and Louie Sanchez voted against it.

After the vote to allow “Safe Outdoor Spaces“, the council voted to defer to the June 22 meeting the enacted amendment on the “living lots” to the Keller administration to draft procedures for safe outdoor spaces. Mayor Tim Keller’s office will now start looking at locations and come up with the details of what resources would be available.

BENTON DOWNPLAYS HIS HEAVY-HANDED APPROACH

On June 8, it was reported that City Council President Isaac Benton said the safe outdoor spaces debate had overtaken the larger discussion of the Integrated Development Ordinance. Benton went so far as to argued that the “angst” may be much ado about nothing. Benton said he does not believe such camp sites will proliferate the city because he knows of only one organization , “a small religious congregation” within his Downtown-based district that has expressed interest in attempting one.

Benton claims that he supports the sanctioned camps on a temporary basis, he noted they may only have a “small niche of viability and helpfulness.” Benton told the Albquerque Journal:

“I really think we’re arguing over one little aspect that has sort of commandeered this code. Really qualified [homeless services] providers don’t even like this idea. … I like it as a possible test, and that’s the only place I was coming from with it.”

The link to quoted news source material is here:

https://www.abqjournal.com/2506358/council-votes-to-allow-safe-outdoor-spaces.html

COMMENTARY

Simply put, there will be nothing temporary about “city sanctioned” encampments as Democrat City Council President Isaac Benton suggests. Benton also shows a degree of real ignorance on land use zoning and planning law.

A map prepared by the city detailing where “living lots” and “safe outdoor space” zoning would be allowed for encampments revealed numerous areas in each of the 9 City Council districts that are in walking distance to many residential areas. Upwards of 15% of the city would allow for “safe outdoor spaces as a “permissive use” or “conditional use”.

Under the law, once such permissive uses are granted, they become vested rights and cannot be rescinded by the city council. Also, there is no requirement of land ownership, meaning someone could seek a special use for a safe outdoor space and then turn around and lease their undeveloped open space property to who ever can afford to pay.

The map reveals a large concentration of eligible open space area that lies between San Pedro and the railroad tracks, north of Menaul to the city’s northern boundary. The map does not account for religious institutions that may want to use their properties for living lots or safe outdoor spaces.

The link to the map prepared by the City entitled “Map 1 Council Districts Selected IDO Zoning” is here:

https://documents.cabq.gov/planning/IDO/2021_IDO_AnnualUpdate/Council/Map1_SafeOutdoorSpaces-A12-Option3.pdf

Benton did a real disservice to the overall interest of the city when he downplays what happened with the enactment of the safe outdoor spaces amendment and his heavy handed exercise of authority. As City Council President, Democrat Isaac Benton has the reputation of brow beating constituents and city officials during city council meeting or in private. When Benton does not like what you say, he brushes you off or cuts you off or simply ignores you.

Instead of calling a special meeting of the city council to discuss the 100 plus amendments to the Integrated Development Ordinance, Benton as council president intentionally scheduled the amendments at the end of the June 6 regular meeting and after the city council took a lengthy dinner break. He also brushed off the comments from the public by giving only 90 seconds to each member of the public who showed up to speak and who waited hours to talk to the city council.

DEVIL IN THE DETAILS

On June 9, KOB Channel 4 reported that the city officials as requested by the city council are laying out more details about what Albuquerque’s upcoming Safe Outdoor Spaces could look like in coming months. According to the report, the city wants to have a “safe outdoor space” up and running by the end of the summer. There are already two church congregations interested in providing space.

Elizabeth Holguin, the deputy director of Homeless Solutions in Albuquerque’s Family and Community Services Department, had this to say about the city’s plans to going forward with Safe Outdoors Spaces:

“We are not trying to put Coronado parks everywhere. A safe outdoor space is the opposite of what you see at Coronado and other unsanctioned encampments. … Usually the site will provide meals, there’s always bathrooms and hand washing stations, sometimes showers, sometimes Wi-Fi is provided, there’s a whole gamut of options that could happen with enough resources. … Just as in anybody’s home you know what they do in their tent is their business. … However, there is no drug dealing, no sort of transactions at all or any display of paraphilia in the common space. … Having the safe outdoor spaces would give that extra … layer of protection for the police department to be able to more definitively say you know ‘you want to camp, you can’t camp here, this is where you can camp now.”

Holguin said her department is working out those details with the Mayor’s Office and the Albuquerque Police Department (APD) and how to deal with the homeless. The city is hoping the spaces will serve as connection points for case management resources so people can work toward permanent housing and job training.

It was revealed for the first time that the cost of a Safe Open Space will range in price from $70,000 to $360,000 depending on the “bells and whistles.” For example, Camp Hope in Las Cruces operates on a $70,000 budget, but each one is different.

According to the city, it is not planning to put multiple spaces in each city council district. What the city is looking at for now is to to start with one and go from there.

Family and Community Services is proposing one more resolution be enacted at the city council meeting later on June 29 . If that passes, the city wants to have a “safe outdoor space” up and running by the end of the summer with two church congregations interested in providing space.

https://www.kob.com/new-mexico/leaders-outline-plans-for-albuquerques-safe-outdoor-spaces/

NEWS MEDIA FAILS TO REPORT ON RECINDED SPECIAL ORDER

When Elizabeth Holguin tells KOB 4 that the Family Community Services Department is working with the Albuquerque Police Department (APD) on how to deal with the homeless, she did not disclose that APD has in fact rescinded its SPECIAL ORDER 22-46 that severely limited police to enforce the city laws and that gave Family and Community Services authority over APD police to dictate what police could do with the homeless when dealing with encampments. The special order Special order 22-26 was an abuse of power by Chief Harold Median. Special Order 22-46 provided in part:

“Sworn personnel shall make all reasonable efforts to pursue non¬ punitive, services-based approaches and shall not attempt to enforce littering, trespassing, obstruction of sidewalk, and other laws and ordinances … unless [the Family Community Services Department] FCS personnel request such enforcement and only after FCS Department personnel … determine that the individual is continuing to trespass after being given notice and an opportunity to stop.”

“Only FCS Department personnel … shall make the determination that an encampment must be removed. Sworn personnel shall rely on FCS Department personnel … to conduct outreach before an unlawful encampment is removed, unless the encampment creates an immediate hazard or obstruction.”
…
Sworn personnel shall not throw away or remove any personal property associated with the encampment. Sworn personnel shall not direct any other agency or person to throw away or remove any personal property.”

SPECIAL ORDER SO 22-46 RESCINDED

Not a single news agency reported on issuance of Special Order 22-46.

On June 3, APD Chief Harold Medina authorized the issuance of a formal recission of Special Order SO 22-46. It was signed by Deputy Chief Michael Smothers with sources confirming that Chief Medina was out of town.

Below it the recission order in full sent out on APD letter head:

June 2, 2002
DEPARTMENT SPECIAL ORDER – SO 22-46 (RESCINDED)
TO: ALL PERSONNEL
SUBJECT: PROCESS FOR RESPONDING TO AN UNLAWFUL ENCAMPMENT ON PUBLIC PROPERTY (RESCINDED)

ISSUED BY:
MICHAEL SMATHERS
Acting Chief of Police

AS ORGINALLY PROPOSED

The “safe outdoor spaces” amendment was originally proposed to the Integrated Development Ordinance (IDO) calls for the creation of government sanctioned homeless campsites where the homeless will be able to sleep and tend to personal hygiene. The proposed zone change can be summarized as follows:

1. Not more than 1 sanctioned campsites will be allowed in any one of the city’s 9 city council districts, or 9 total campsites, and the campsites would be limited to 40 tents, cars or recreational vehicles.
2. Each campsite will be required to have a certain number of water-flush or composting toilets, or portable facilities, hand-washing stations and showers based on occupancy.
3. It would require a surrounding wall or screen at least 6 feet high for those using tents.
4. Operators of the campsites, which could include churches and nonprofit organizations, would have to provide the city with a management plan or security agreement proving the site has 24/7 on-site support and security.
5. Operators would offer occupants some form of social services and support facilities.
6. The homeless campsites would be prohibited from being allowed within 330 feet of low-density residential areas. Religious institutions would have more flexibility for locating them.
7. The campsites would be permitted in certain commercial, business park and manufacturing zones and in some mixed-use zones after a public hearing.
According to City Officials, in most instances, the encampments would be set up and managed by churches or nonprofits.

“COMMUNITIES OF TENTS” OUTLINED FOR “SAFE OUTDOOR SPACES”

On Tuesday, May 10, the City of Albuquerque made a presentation before the Bernalillo County’s Homeless Coordinating Council elaborating on its plans for “Safe Outdoor Spaces”. The presentation was made by Elizabeth Holguin with the City’s Family and Community Services Department.

According to Holguin, the city envisions that “Safe Outdoor Spaces” would be communities of tents for the homeless population, uniform in design and structure, and fenced in for safety.

Holguin told the coordinating council:

“Not anyone can just walk up. … People will be accepted based on outreach worker referral. … Resources like bathrooms, showers, electricity, shade structures, sometimes even internet [will be provided] … Definitely handwashing stations. There’s often connections to food and meals and all of the different outreach services that can be provided. … You cannot bring anything that does not fit into your structure. You get a storage bin, sleeping area, and chair. … there would be policies preventing weapons, and the safe spaces would be supervised by a management team. … Drugs and alcohol would be allowed inside tents, the same way they are allowed in homes but obviously there’s no drug dealing [allowed]”.

City recognized that the tents are not a solution to homelessness, but hope they will help curb the metro’s crime crisis by providing a safer alternative to life on the street.

The link to quoted source material is here:

https://www.kob.com/archive/albuquerque-leaders-discuss-plans-for-safe-outdoor-spaces/

COMMENTARY AND ANALYSIS

Research shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments and “tent cities”. Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

Albuquerque is making a huge financial commitment to help the homeless. Last year, it spent upwards of $40 million to benefit the homeless in housing and services. The 2023 proposed budget significantly increases funding for the homeless by going from $35,145,851 to $59,498,915. The city contracts with 10 separate homeless service providers throughout the city and it funds the Westside 24-7 homeless shelter.

Too many elected and government officials who want to establish government sanction encampments have a hard time dealing with the facts that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations.

The city cannot just ignore and not enforce its anti-camping ordinances, vagrancy laws, civil nuisance laws and criminal laws nor pretend they simply do not exist. Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations arrests are in order.

The homeless crisis will not be solved by the city, but it can and must be managed. Providing a very temporary place to pitch a tent, relieve themselves, bathe and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis. The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.

“Safe outdoor spaces” will be a disaster for the city as a whole. They will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing.

CONCLUSION

On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and vote on the Safe Outdoor Space resolution being prepared by the Family and Community Services Dearment. Reconsideration of the Integrated Development Ordinance would require at least one city councilor who voted for the IDO to change their vote. This means Republicans Trudy Jones or Brook Bassan, and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the amendments.

The public needs to make their opinions known and tell the city council to reject Safe Outdoor Spaces at the June 22 city council meeting. The email address to contact each city councilor and the Director of Counsel services are as follows:

lesanchez@cabq.gov
louiesanchez@allstate.com
ibenton@cabq.gov
kpena@cabq.gov
bbassan@cabq.gov
danlewis@cabq.gov
LEWISABQ@GMAIL.COM
patdavis@cabq.gov
tfiebelkorn@cabq.gov
trudyjones@cabq.gov
rgrout@cabq.gov
cmelendrez@cabq.gov

At the invitation of the New Mexico Sun and with mutual agreement www.PeteDinelli.com is delighted to announce that it will be submitting from time-to-time guest opinion columns for publication without payment to the on-line news agency The New Mexico Sun. For the last 4 years, Pete Dinelli has submitted guest columns to the Albuquerque Journal and they have been published. Both publications have the exclusive right to decide what guest columns will be published. Guest columns to be submitted will be on local, state and perhaps national issues.

The postscript below provides more information about the New Mexico Sun and provides a link to the publication.

Below is the very first published guest column with the New Mexico Sun:

Headline: ‘Safe Outdoor Spaces’ not even a stopgap to Albuquerque’s homelessness crisis

By Pete Dinelli
Jun 8, 2022

“Research shows that housing is the most effective approach to end homelessness with a much larger return on investment than offering government sanctioned encampments and “tent cities”. Given the millions the city is spending each year, it needs to continue with the approach of offering programs, building shelter space and making beds available for its homeless population.

The homeless crisis will not be solved by the city, but it can and must be managed. Providing a very temporary place to pitch a tent, relieve themselves, bathe and sleep at night with rules they do not want nor will likely follow is not the answer to the homeless crisis. The answer is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.”

Pete Dinelli is a native of Albuquerque. He is a licensed New Mexico attorney with 27 years of municipal and state government service including as an assistant attorney general, assistant district attorney for violent crimes, city of Albuquerque deputy city attorney and chief public safety officer, Albuquerque city councilor, and several years in private practice.

https://newmexicosun.com/stories/626988662-safe-outdoor-spaces-not-even-a-stopgap-to-albuquerque-s-homelessness-crisis

_______________________________

POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The home page link is here

https://newmexicosun.com/

The New Mexico Sun provides the following “mission statement”:

“The New Mexico Sun was established to bring fresh light to issues that matter most to New Mexicans. It will cover the people, events, and wonders of our state.

At the New Mexico Sun, we have one mission—to give a voice to every member of our community.”

Every 10 years, the City Charter requires that the Council appoint a committee composed of an equal number of representatives from each Council District to review and make recommendations regarding redistricting the Council Districts based on information from the Federal Census. The Committee is tasked with using the population data from the official 2020 U.S. Census along with any other pertinent information to make a report recommending changes in the Council District boundaries that the Committee decides are necessary based on constitutional principles governing voting rights, population, compactness and other related factors.

The Committee is made up of 18 members, one voting member and one alternate member from each Council District. The Council is required, in appointing a committee that “as nearly as is practicable” be a fair and balanced representation of all geographical areas of the City in the redistricting process and provide a total membership that reflects the racial, ethnic and gender makeup of the City’s population.

The appointed members of the 2022 Citizens Redistricting Committee are:

District 1: Victor Segura, Dan Aragon (Alternate)
District 2: Keith Romero, Joaquin Baca (Alternate)
District 3: Cherise Quezada, Luis Hernandez Jr (Alternate)
District 4: Mark Reynolds, Rebecca Latham (Alternate)
District 5: Steve Smothermon, Robert Aragon(Alternate)
District 6: Cathryn McGill (Chair), Rosendo Najar (Alternate)
District 7: Travis Kellerman (Vice Chair) , Heather Berghmans (Alternate)
District 8: David Buchholtz, Kevin Powers(Alternate)
District 9: Kenneth Pascoe, Thomas R. Stull (Alternate)

The email address of Chairwoman Cathryn McGill is cathryn@nmblc.orggfvf4

There are 7 concept maps before the committee. The link to review all 7 concept maps is here:

https://www.cabq.gov/council/projects/current-projects/2022-city-council-redistricting-process

EDITORS NOTE: The 2022 Redistricting Committee has been meeting twice a month via Zoom since March 9. There are only two more meetings left, June 8th and 29th with meetings beginning at 5:30. The postscript to this blog article information on the June 8th meeting. According to the June 8 agenda, members of the public may attend via Zoom Video Conference at this address:

https://cabq.zoom.us/j/81354237817.
The meeting will also be available via to watch YouTube:

https://youtu.be/XwVPypZAwpg

THE DAVIS/FIEBELKORN REDISTRICTIG CONCEPT MAP

On June 4 it was reported that City Councilors Pat Davis and Tammy Fiebelkorn have submitted to the City’s citizen-led redistricting committee a map they ostensibly came up with by themselves. The proposed map will dramatically realign both City Council District 6, represented by Pat Davis, and City Council District 7, represented by Tammy Fiebelkorn. On May 18, the Citizen’s Redistricting committee voted to accept the Davis/Fiebelkorn map as one of the 4 official maps under consideration. It’s a map that should have been rejected.

The map is Citizen’s Map 4 and can be viewed at this link:

https://www.cabq.gov/council/documents/cabq_citizen_map_4_maps_table.pdf

CURRENT CITY COUNCIL DISTRICTS 6 AND 7

City Council District 6 is represented by two term Democrat Pat Davis who is up for reelection in 2023. However, Davis has indicated that he may not run for a third term claiming he made a two term commitment. Knowing Davis, he could change his mind. District 6 is considered the South East City Council District, which includes Nob Hill and the International District. Lomas between University to Eubank is the northern border of District 6. The western border is University all the way to Mesa Del Sol. The Southern Border is includes Gibson to Louisiana, then zig-zags to Pennsylvania, then zig zags to Eubank. District 6 is considered the most progressive and solid Democrat district in the city.

City Council District 7 is represented by Democrat Tammy Fiebelkorn. On December 7, 2021 Democrat Tammy Fiebelkorn defeated Republican Lori Robertson to succeed 2 term Democrat Dianne Gibson. District 7 is the Mid-Heights District that includes Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. The Northern border is Montgomery, the Eastern border is Eubank, the Southern border is Lomas and the Western border is Carlisle to Menaul and then Menaul to Comanche then to Montgomery. District 7 leans Democrat but is also considered a “swing district” having elected Republicans in the past.

The link to the map of all current city council districts can be found here:

https://www.cabq.gov/council/documents/cabq_2012_current_maps_table.pdf

THE DAVIS/FIEBELKORN CONCEPT MAP

The Davis/Fiebelkorn District 6 and District 7 maps represent a dramatic departure changing borders. The concept map essentially guts both Districts and carves them up to the benefit of Democrat Tammy Fiebelkorn.

DISTRICT 6 CONCEPT BORDERS

The new borders of City Council 6 represented by Pat Davis can be generally described as follows:

The Northern border of District 6 would be Menaul between San Mateo and Louisiana, the north on Louisana to Candelaria, then Candelaria between Louisiana to Eubank.

The Eastern border would be Eubank between Candelaria to Gibson.

The Southern boorder would be Gibson, zig zaging between Pennsylvanis and Louisiana to San Mateo.

The new concept map condenses District 6’s east to west coverage to the area between San Mateo and Eubank, while extending it as far north as Candelaria, taking up most of the Uptown area of Winrock and Coronado shopping areas.

The District 6 population would be 49.2% Hispanic, up from the current level of 46.8%. It keeps the Native American (6.3%) and Asian (2.7%) concentrations the same, it decreases the Black population from 4.5%.to 4.1%, and lowers the white population from 35.2% to 33.8%.

DISTRICT 7 CONCEPT BORDERS

The Davis/Fiebelkorn District 7 concept map, now represented by Fiebelkorn, guts and carves out a large eastern portion of District 7 bordered by San Mateo on the West, Menaul on the North, Louisiana on the East and Lomas on the South.

Other borders of the district are generally described as follows:

The Northern border is Montgomery from the freeway to Wyoming.

The Eastern border includes Wyoming between Montgomery and Candelaria, then goes west on Candelaria, then South on Louisiana to Menaul, then from Menaul to San Mateo and then from San Mateo to Gibson.

The Southern border goes west on Gibson to Carlisle and then “zig zagging” from Carlisle into Mesa Del Sol to include Mesa Del Sol as the Southern portion and boundary of the district.

In other words, District 7 will keep part of its existing Northeast Heights area, but sweeps west of District 6 and takes up the Nob Hill area and the Mesa del Sol development area.

Both the International District and the Nob Hill areas are currently in City Council District 6 represented by Pat Davis. The Nob Hill area along Central under the concept map would be shifted to District 7 and will jettison south to include the Mesa Del Sol development and be represented by City Councilor Fiebelkor.

The International District in the South East Heights would remain in the newly aligned District 6 but the State Fair grounds area and the Uptown area including Coronado Shopping Center and Winrock will be shifted from District 7 to District 6.

REASONS GIVEN FOR CONCEPT MAP

City Councilor Fiebelkorn said of the concept map that she wanted to present an idea that would give the International District’s “large, culturally significant population” a more united voice on the council, yet she does not represent them. She said she thinks International District residents may have more in common with residents just north of Lomas than with the current district that includes Nob Hill, which she called a “completely different demographic.”

City Councilor Fiebelkorn had this to say:

“One of the baselines of redistricting is that we find ways to make marginalized communities have a voice. [This is just an idea]. I want to hear what the folks who have been living and breathing this the last several months think in terms of these various options and what would be the best to make sure everybody is represented in a fair and equitable way.”

City Councilor Pat Davis for his part had this to say about the proposed concept map:

“I think we should have some different voices on the City Council. … If you look at it now, the entire east side of the city is represented by white folks, and I think that shows the current districting is leaving some people out of the process.”

Davis is not term limited and can run for a third term in 2023. Davis for his part has said he’s not prepared to say what he would do if a map carves him out of his own district, which the concept map does. Councilor Davis did say he is not likely running for a third term and that he’s “inclined to honor my commitment to only run for two terms.” Confidential sources have confirmed Davis has indeed told Fiebelkorn and others he is not running and is concentrating on his business trying to secure cannabis licenses for others and he charges upwards of $10,000 for his work.

REDISTRICTING COMMITTEE

The Redistricting Committee Chair is Cathryn McGill. She is the panel’s District 6 representative appointed by Pat Davis. McGill declined to comment specifically on any one of the 7 concept maps. She did say that the goal of redistricting is to achieve equity so that one person equals one vote citywide and said she cares about the International District. McGill had this to say:

“I want to shift and change that narrative and allow people to know how great the International District is, and view it as an asset as opposed to a detriment. If that means we need to take a serious look at drawing different boundaries to improve representation there, I’m certainly going to be open-minded about that.”

The Citizen’s City Council Redistricting Committee has until July 1 to make recommendations to the City Council which has the final say on the boundaries for the 9 council districts. The council may or may not accept the committee’s recommendations.

The redistrict committee will have to approve at least some changes to the current district maps to account for the uneven population growth identified by the 2020 U.S. Census. Some of the maps before the redistricting committee make relatively minor adjustments.

The link to quoted news source material is here:

https://www.abqjournal.com/2505888/councilors-aim-to-give-one-district-more-voice.html

COMMENTARY AND ANALYSIS

There is little doubt that Davis/Fiebelkorn concept map is the most radical map of all the 7 maps under consideration. All 6 other maps make adjustments that are very minor in comparison and essentially “tweaks” the existing Districts, respecting the existing borders and neighborhoods.

The Davis/Fiebelkorn redistricting map can only be considered an abomination. It is a prime example of gerrymandering at its very worse designed to protect newly elected incumbent Tammy Fiebelkorn while the departing city councilor Pat Davis thumbs his nose at his own City Council District 6.

City Councilor Pat Davis is nothing but the hypocrite he is when he says:

“I think we should have some different voices on the City Council. … If you look at it now, the entire east side of the city is represented by white folks, and I think that shows the current districting is leaving some people out of the process.”

Tammy Fiebelkorn is also being a hypocrite and opportunistic to say after a mere 5 months in office:

“One of the baselines of redistricting is that we find ways to make marginalized communities have a voice. … [and give] large, culturally significant populations [a more united voice on the council].”

Pat Davis may want to look into a mirror at himself and while he is at it tell Tammy Fiebelkorn that she is not a woman of color. They are both one of those “white folks” that Davis complains about. Both pretend to know what “marginalized communities” are as they essentially stick their noses into minority issues when they both can be considered “white privilege”.

Fiebelkorn is not talking about her own district when she says she wants to help the marginalized, ostensibly meaning minorities. She is referring to the International District, an area of the city she thinks she knows what is needed as far as representation on the city council is concerned, but an area she does not want to be included in her new district.

City Councilor Fiebelkorn does not currently represent the Nob Hill area, yet she is now advocating just that by cutting out a large portion of her existing district while ignoring those she currently is supposed to be representing. Fiebelkorn wants to “raid” District 6 and absorb the highly progressive Nob Hill area, knowing full well it will increase her own re election chances.

It is not at all difficult to figure out what progressive Democrats Pat Davis and Tammy Fiebelkorn are up to. It is more likely than not that Pat Davis has already decided not to run for another term and he now sees the opportunity to help his progressive ally on the city council Tammy Fiebelkorn. Given her performance on the City Council thus far, it is hoped she will be a one term city councilor.

On June 3, Tammy Fiebelkorn said in an email:

“I have active dialogue with D7 constituents all the time and work with them on a variety of projects.”

Fiebelkorn has been in office a mere 5 months. Confidential sources have said what she has actually done since taking office 5 months ago is meet with her progressive supporters, especially those who are animal rights activists, has attended one Neighborhood Association meeting and meets with and listens to and takes direction from progressive Democrat City Councilor Pat Davis.

The dynamic duo of Fiebelkorn and Davis have come up with a City Council redistricting map that amounts to nothing more than a “political movida” to increase Fiebelkorn’s progressive base. The dramatic border revisions proposed by Councilors Pat Davis and Tammy Fiebelkorn will have a direct and negative impact on the International District and Nob Hill and the entire Dsitrict 7 she represents.

TWO NEW DISTRICTS IS WHAT IS NEEDED

What Redistricting Committee Chair Cathryn McGill said merits repeating:

“I want to shift and change that narrative and allow people to know how great the International District is, and view it as an asset as opposed to a detriment. If that means we need to take a serious look at drawing different boundaries to improve representation there, I’m certainly going to be open-minded about that.”

If the Redistricting Committee truly wants to improve representation of marginalized communities and ensuring they have a voice, it needs to also include planning for the future growth and expansion of the city. Cutting up and radically changing borders of two district is not the solution.

Reader Alan Schwartz had this to say:

“The City went to the current Mayor/Council [form of government] in 1974. There have been 9 council districts from day one. The 1970 population for Albuquerque was 243,751 so that original group of Councilors had a constituent load of 27,083. Almost half a century later the constituent load is 62,728, over twice the original with the same number of districts. Current perspective: At the “ideal” population of 62,728 all 9 districts would be tied for 5th largest city in New Mexico. The three west side districts combined would be the 2nd largest city. Any Charter amendment would, in my opinion, have to be voter initiated because I don’t see the Council ceding any power.”

District 7 is one of the most stable Districts in the City when it comes to overall population, with very little infill and a strong retail area of Coronado and the Winrock Development. District 6 clearly has special needs when it comes to the International District and the Nob Hill area which is now making a major come back after the disastrous ART project and now is not the time to carve the district up so drastically.

One solution would be to add 2 new city council districts expanding the number of city council districts from 9 to 11. The two areas of the city that have the real potential of growth and expansion are the West side, where it is already happening, and the southern part of the city.

With that said, 1 new district should be added to the West side to accommodate the exploding population. 1 City council district could be added to the South side with the International District positioned be the largest voting bloc in District 6.

CONCLUSION

Boith City Councilors Pat Davis and Tammy Fiebelkorn act like the city council districts they represent are their personal property they can carve up and pick and choose who they want to represent. They show a definite lack of respect for the constituents who put them in office reflecting a lack of understanding what public service is all about.

If Fiebelkorn wants to represent the Nob Hill area by excluding a large portion of her existing district, or for that matter wants to represent the International District and speak for the marginalized, she had no business running for City Council District 7 a few month ago only to try and gut the district she represents, jettison a large portion of the district and raid another council district for supporters. Fiebelkorn should be ashamed of herself and should resign now and from City Council so she can move into District 6 and run next year to replace Pat Davis. As far as Pat Davis is concerned, he should also resign so that a person who really wants to represent the district can be appointed, perhaps a person of color and not some “white folk” or some self righteous “white privilege dude”.
_____________________

POSTCRIPT

JUNE 8 REDISTRICTING COMMITTEE MEETING

The 2022 Redistricting Committee has been meeting twice a month via Zoom since March 9. There are only two more meeting left, June 8th and 29th with meetings beginning at 5:30. The schedule for the meetings, the agendas for each and Redistricting Committee Materials and all 7 concept maps can be found at this link:

https://www.cabq.gov/council/projects/current-projects/2022-city-council-redistricting-process
When you clique on the agenda for a particular meeting date, the agenda will appear along with the link.

According to the June 8 agenda, members of the public may attend via Zoom Video Conference at this address: https://cabq.zoom.us/j/81354237817.
Webinar ID: 813 5423 7817
Phone: (669) 900-6833 // 813 5423 7817#
The meeting will also be available via to watch YouTube: https://youtu.be/XwVPypZAwpg

Onn June 8, political commentator Joe Monahan on his political blog “New Mexico Politics With Joe Monahan”, posted his customary report and analysis on the final outcome of the 2022 New Mexico midterms and the resulting long term political repercussions. The link to the full blog is:

http://joemonahansnewmexico.blogspot.com/

HEADLINE: TORREZ CRUISES PAST COLÓN TO TAKE AG PRIZE; RONCHETTI CRUSHES GOP GUV FIELD, PROGRESSIVES AND INCUMBENTS HOLD THEIR OWN IN KEY STATE HOUSE RACES; ELECTION RESULTS AND ANALYSIS UP NEXT

The most watched race of Primary ’22 fizzled fast last night as BernCo District Attorney Raul Torrez cruised past State Auditor Brian Colón, scoring a 53 to 47 win. That nearly guarantees Torrez the AG prize as no Republican has been elected to the post since the 80’s.

It also sends Colón and his BFF AG Hector Balderas into political exile and tightens the grip of Senator Martin Heinrich, their longtime rival, on the state’s majority party.
…

The early returns gave hope the rough and tumble battle would be as tight as predicted when Colón was tied with Torrez but that was in northern NM precincts that he should have been winning easily. Soon the death blow was delivered when the early vote was posted in Big BernCo and Torrez derailed his rival with a decisive double digit victory.

The Torrez win was the second time voters recently looked past the ABQ crime crisis in an election contest, the first being Mayor Keller’s re-election last year as he grappled with a record homicide rate.

Attorney and state Rep. Moe Maestas told our KANW 89.1 FM audience:

There are a lot of moving parts to the crime crisis, not just elected officials. Democrats seem to accept that more than Republicans and it showed in Raul’s win.

Heinrich and Torrez were featured together so often that they reminded you of rat packers Sinatra and Sammy Davis, Jr. Heinrich gets a boost for a possible long off gubernatorial quest but the downside he would have suffered from a Torrez loss could have been crippling. Say what they will, but Heinrich’s chief political asset is his willingness to take risk and last night it again paid off.

The Torrez triumph along with the success of all Dem state House incumbents was a warning shot at Mark Ronchetti as he celebrated his dusting of the field to take the ’22 GOP Guv nod with a 58 percent landslide over his nearest competitor, Rebecca Dow who came in second with 16 percent.

Ronchetti and the R’s want to turn the electorate against MLG by hanging the ABQ crime wave around her neck, but getting to that neck in the state’s largest county will be tricky, given last night’s results, said attorney David Buchholz.

RONCHETTI STORMS FIELD

The Ronchetti win was a fait accompli but the margin was more than healthy, giving him momentum into the general election. However, he scored a 56 percent win in the 2020 GOP US Senate primary only to go on to lose to Democrat Ben Ray Lujan.

In his victory speech he repeated his well-honed arguments about MLG being a member of the “political elite” and how it’s time for an outsider to handle the state’s stubborn ills.

For her part Dow, whose inner circle last week signaled that she would not endorse Ronchetti on Election Night had a change of heart in the face of the bruising defeat and, according to GOP analyst Bob Cornelius was probably pushed along by party leaders.

Still, Paul Guessing the conservative director of the Rio Grande Foundation pointed out that Ronchetti has more healing to do than an ER doctor on the graveyard shift in a GOP that remains badly splintered:
The primary was hard-fought and more divisive than it had to be. In light of the final results, the race got much nastier than it needed to when the goal is to fire MLG.

For her part MLG was all about playing it cool. In a statement she nicked Ronchetti:

We face a choice. . .between a leader who has committed their life to. . .New Mexico and someone who has admitted they don’t know the challenges New Mexicans face, between someone with a track record of building consensus and delivering results and someone who has never run a business or served our state.
For now only a mild rebuke for the TV weather celebrity but the intensity of the campaign is sure to escalate when Ronchetti reloads his cash kitty and runs a nearly exclusive negative campaign to try to persuade Democratic voters to sit out the November election and give him a narrow victory.

The bottom line is this: When and if does MLG get to 50 percent in the polls and dampen any GOP enthusiasm that could threaten a second term? The longer it takes the longer the battle.

STATE HOUSE

When it came to those hyped state House Dem primaries featuring moderate challengers to progressive candidates including some incumbents, it turned out to be a “status quo” election, analyzed attorney Buchholz.

House Speaker Brian Egolf noted that not one House Dem incumbent was knocked off and Buchholz pointed out the biggest progressive loss of the evening was telegraphed long ago–that of former Rep. Jospeh Sanchez who defeated Rep. Roger Montoya in a a northern battle.

There was also a victory for moderate Dem Cynthia Borrego against Darren Aguerro in an ABQ westside district but that was balanced by the huge defeat of moderate Cherise Quezada at the hands of progressive Eleanor Chavez in another westside district.

Moderate challengers going down included big name Socorro Doctor Ravi Bhasker who fell to challenger Tara Jaramillo in House District 38 losing in Sierra, Dona Ana and even Socorro where he has been the elected mayor for over thirty years.

The question in the air before the results arrived was whether State Rep. Patricia Lundstrom would make a play for House Speaker by challenging usually liberal Rep. Javier Martinez as Speaker Egolf heads for the exits. After the mauling of the moderates, the betting is that she won’t.

STATE RACES

In other statewide offices, no surprises. Joe Maestas handily defeated Zack Quintero–57-43–for the Dem nomination. There is no R running so Maestas was effectively elected.

Former Sandoval County Treasurer Laura Montoya easily handled Heather Benavidez, scoring a 59 to 41 victory. Dems are expected to keep the office in their corner in November as no R has been elected to the post in decades.

In BernCo moderate County Commissioner Charlene Pyskoty was aced by liberal Eric Olives in her East Mountain district. If Olivas can hold off a GOP challenger in November–and it could be tough–he will take the seat.

In the North Valley commission district Barbara Baca easily dispatched political newcomer Erin Muffoletto and is on her way to replacing her buddy and Commissioner Debbie O’Malley who is term limited.

Progressive John Allen took the Dem nomination for sheriff running on a police reform platform. The R nominee will be former GOP state Rep. Paul Pacheco.

RAW DATA COUNT

Below is the raw data count as posted by the Secretary State on the contested state wide races and the congressional races:

REPUBLICAN NOMINATION FOR GOVERNOR

JAY C BLOCK: 11% (12,388)
REBECCA L DOW: 15% (18,105)
GREGORY JOSEPH ZANETTI: 14% (16,292)
ETHEL R MAHARG: 2% (1,828)
MARK V RONCHETTI: 58% (68,270)

TOTAL VOTES: 116,883

REPUBLCIAN NOMINATION FOR LIEUTENANT GOVERNOR
|
ANT L THORNTON: 60% (64,026)
PEGGY L MULLER-ARAGÓN: 40% (43,188)

TOTAL VOTES: 107,214

DEMOCRATIC NOMINATIN FOR ATTORNEY GENERAL
|
BRIAN S COLÓN 47% (63,226)
RAÚL TORREZ 53% (72,644)

TOTAL VOTES: 135,870

DEMOCRATIC NOMINATION FOR STATE AUDITOR

ZACKARY A QUINTERO 43% (55,197)
JOSEPH M MAESTAS 57% ( 74,126)

TOTAL VOTES: 129,323

DEMOCRATIC NOMINATION FOR STATE TREASUER

LAURA M MONTOYA 59% (74,931)
HEATHER R BENAVIDEZ 41% (52,676)

TOTAL VOTES (127,607]

CONGRESSIONAL RACES

UNITED STATES REPRESENTATIVE DISTRICT 1

DEMOCRAT INCUMBENT MELANIE ANN STANSBURY RAN UNOPPOSED

REPUBLICAN PRMARY RESULTS

LOUIE SANCHEZ: 41% (18,011)
MICHELLE GARCIA HOLMES: 59% (25,609)

TOTAL VOTES 43,620

UNITED STATES REPRESENTATIVE DISTRICT 2

REPUBLICAN CONGRESSWOMAN YVETTE HERRELL RAN UNOPPOSED

DEMOCRATIC PRIMARY RESULTS

GABRIEL VASQUEZ: 76% (23,896)
DARSHAN NILESH PATEL: 24% (7,487)

TOTAL VOTES: 31,383

UNITED STATES REPRESENTATIVE DISTRICT 3

DEMOCRAT INCUMBENT CONGRESSWOMAN TERESA LEGER FERNANDEZ RAN UNOPOSED

TOTAL VOTES (100%) (46,755)

REPUBLICAN ALEXIS MARTINEZ JOHNSON RAN UNOPPOSED

TOTAL VOTES: 28,598 (100%)

There are two separate city council amendments offered to the Integrated Development Ordinance (IDO) to try and deal with unlawful the homeless encampment’s with the use of city sanctioned encampments. The amendments will create two new “land use” zoning areas that will allow 2 separate types of city sanctioned homeless encampments in all 9 city council districts for a total of 18 city sanctioned homeless encampments.

One is called “safe outdoor spaces” the other “living lots”. City sanctioned homeless encampments will be permitted in open space areas and “commercial, business park and manufacturing zones and in some mixed-use zones”.

“Safe outdoor spaces” will permit homeless encampments with 40 designated spaces for tents, allow upwards of 50 people, require hand washing stations, toilets and showers, require a management plan, 6 foot fencing and social services offered. The safe outdoor spaces are managed sites where people who are homeless can sleep in tents or automobiles and have on-site restrooms and shower facilities. The Integrated Development Ordinance sets a limit of two in each of the city’s nine council districts. The cap would not apply to those hosted by religious institutions.

“Living lots” will permit homeless encampments for tents, cars and recreational vehicles. No management plans, no rules, no regulations no security and no fencing mandates would be required.

COUNCIL VOTES TO APPROVE “SAFE OUTDOOR” SPACES

On June 6, the Albuquerque city council placed on its agenda for final action the “Living Lots” and “Safe Outdoor Spaces” amendments to the IDO. City Council President Isaac Benton intentionally placed both agenda items at the end of the meeting for a final vote and then limited public comments from individuals to a mere 90 seconds. Numerous citizens appeared before the city council and voiced strong opposition to both “Safe Out Door Spaces” and “Living Lots” with only two voicing support.

Some councilors’ vehemently voiced opposition to “safe outdoor spaces” to the point that the city council voted down the entire update of the Integrated Development Ordiance (IDO). The bill contained well over 100 amendments containing many zoning code changes. The update of the IDO initially failed on a 4-5 vote during Monday’s meeting.

Republican Councilor Trudy Jones, who had voted against the update, subsequently asked to reconsider the legislation. She changed her vote on the second vote, giving the bill a narrow victory.

Republican Jones joined Republican Brook Bassan and Democrats Isaac Benton, Pat Davis and Tammy Fiebelkorn to pass the legislation.

Republicans Renee Grout and Dan Lewis and Democrats Klarissa Peña and Louie Sanchez voted against it.

After the vote to allow “Safe Outdoor Spaces“, the council voted to defer to the June 22 meeting the enacted amendment on the “living lots” to the Keller administration to draft procedures for safe outdoor spaces. Mayor Tim Keller’s office will now start looking at locations and come up with the details of what resources would be available.

On June 22, the City Council has the option to reconsider their vote on the Integrated Development Ordinance and the Safe Outdoor Spaces amendment. That would require at least one city councilor who voted for the Integrated Development Ordinance and Safe Outdoor spaces to change their vote. Meaning one or more of the city councilors of Trudy Jones, Brook Bassan, Isaac Benton, Pat Davis and Tammy Fiebelkorn would have to move to reconsider and change their vote on the Integrated Development Ordinance and the amendments.

The links to quoted news sources are here:

https://www.abqjournal.com/2506358/council-votes-to-allow-safe-outdoor-spaces.html

https://www.kob.com/new-mexico/albuquerque-city-council-passes-safe-outdoor-spaces-legislation/

UNLAWFUL HOMELESS ENCAMPMENTS

District 7 is the Mid-heights including Coronado Shopping Center and Uptown surrounding areas and parts of the near northeast heights. The Northern boundary is Montgomery, the Eastern Boundary is Eubank, the Southern boundary is Lomas and the Western Boundary is Carlisle to Menaul and then Menaul to Comanche then to Montgomery. On December 7, 2021 Democrat Tammy Fiebelkorn defeated Republican Lori Robertson to succeed 2 term Democrat Dianne Gibson.

Unlawful homeless encampments are becoming more and more of a problem throughout the City and City Council District 7 is no exception. During the month of May, 2 homeless encampments “popped up” in District 7 in the Uptown area of the city.

The first was East of Jerry Cline Park that bordered the park in a vacant, and a fenced with barbed wire on top. The first encampment popped up the second week of May and it was finally removed on May 30. The homeless broke the chains on the fence gate and proceeded to set up 4 tents. Area residents repeatedly call the city for help. The encampment was the subject of repeated posting on Next Door.com

The second unlawful homeless encampment “popped up” literally over night on June 1 with 6 tents. It was South of Coronado Shopping Center, South of the O’Brian Law firm building, West of the Uptown Park Apartments, and North of the San Pedro bridge over I-40. It was located in the drainage area next to apartments.

It took city officials almost two weeks to remove the unlawful encampment at Jerry Cline park yet less than 24 hours to remove the second encampment. The reason for that is notice to vacate was given to the first encampment allowing days to vacate. With the second encampment a demand was made that the city remove it immediately and give no notice which none is required under the law with illegal camping.

EMAIL EXCHANGE

On June 1, 2 and 3, a remarkable exchange of emails occurred between City Councilor Tammy Fiebelkorn, who has been in office for 5 months, and Pete Dinelli. The purpose of the contact by Dinelli was to request Fiebelkorn’s assistance in removal of the second encampment. What occurred was a brush off by Councilor Fiebelkorn telling Dinelli he needed to follow the process of calling 311 and Fiebelkorn revealing her support for “Living Lots” and “Safe Outdoor Space” amendments to the Integrated Development Ordinance

The emails sent by Fiebelkorn were done using a city email address and each had the city logo along with her title thereby making the emails a matter of public record. The email addresses have been edited to reflect only the names of the sender and receiver.

In the interest of full disclosure, Pete Dinelli supported, voted for and donated $100 to Democrat Tammy Fiebelkorn but only after she made it into the runoff. Dinelli had supported Democrat Travis Kellerman. When she made it into the runoff, Dinelli endorsed Fiebelkorn on www.PeteDinelli.com . ( Vote Tammy Fiebelkorn City Council District 7 | (petedinelli.com)

FIRST EMAIL SENT TO ALL CITY COUNCILORS, MAYOR’S OFFICE, APD, FAMILY COMMUNITY SERVICES AND COMMUNITY SAFETY DIVISION

Subject: Request to evict unlawful encampment
Date: 6/1/2022 1:23:01 PM Mountain Standard Time
From: Pete Dinelli
To: [All City Councilors and staff, Mayor Tim Keller and staff, Family Community Services personnel, Community Safety Division personnel, APD Chief Medina and Command Staff]

This homeless encampment popped up literally on June 1 over night with 6 tents. It is located in the mid heights, South of Coronado shopping center, South of the O’Brian Law firm building, West of the Uptown Park Apartments, and North of the San Pedro bridge over I-40. It is located in the drainage area next to apartments.

[Cell phone PHOTO of encampment here.]

FIRST EMAIL FROM FIEBELKORN

Subject: Request to evict unlawful encampment
Date: 6/2/2022 4:38:31 PM Mountain Standard Time
From: Tammy Fiebelcorn
To: Pete Dinelli

Hi Pete,

Thanks,
Tammy

SECOND EMAIL SENT TO ALL CITY COUNCILORS, MAYOR’S OFFICE, APD, FAMILY COMMUNITY SERVICES AND COMMUNITY SAFETY DIVISION

Subject: 24 HOUR CLEAN UP OF ENCAMPMENT; CONGRATULATIONS TO CITY FOR A JOB WELL DONE
Date: 6/2/2022 4:49:02 PM Mountain Standard Time
From: Pete Dinelli
To: [All city councilors, the Mayor, Family Community Services, Community Safety Divion, APD Chief Medina and Command Staff]

Yesterday, June 1, at 1:30 pm, I sent a request to evict a homeless encampment that popped up literally over night on June 1 with 6 tents. It was located in the mid heights, South of Coronado shopping center, South of the O’Brian Law firm building, West of the Uptown Park Apartments. and North of the San Pedro bridge over I-40. It was located in the drainage area next to apartments.

On behalf of a very grateful neighborhood and community, thank you for a job well done. Now this is how good government works. Best wishes.

[BEFORE AND AFTER CELL PHOTO]

SUBSEQUENT EMAIL EXHCHANGES BETWEEN FIEBELKORN AND DINELLI

Subject: Clean up accomplished
Date: 6/2/2022 5:06:55 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn

Yesterday, June 1, at 1:30 pm, I sent my request to evict a homeless encampment that popped up literally over night on June 1 with 6 tents. Today, June 2, I drove by at 4:00 pm and was delighted to see that the encampment was gone presumably because the City took immediate action. Below are the BEFORE AND AFTER photos.

Subject: Clean up accomplished
Date: 6/2/2022 5:09:02 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Pete,

Tammy

Subject: Clean up accomplished
Date:6/2/2022 5:22:50 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn

Have a nice evening.

Subject: Clean up accomplished
Date: 6/2/2022 5:31:44 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Pete,

Tammy

Subject: Your sexist offensive remark
Date: 6/2/2022 6:02:12 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn

Your sexist remark is just as offensive as your arrogance thinking you know it all. Like it or not, you are my city councilor and its obvious you have your own personal agenda. You are hostile to anyone who disagrees with you and could not careless what your constituents think.

Subject: Your sexist offensive remark
Date: 6/2/2022 6:46:27 PM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Thankfully, most constituents of D7 are kind, caring people who are interested in working together to make positive change. I’ll keep working for and with them.

Tammy Fiebelkorn

Subject: Try asking them what they think
Date: 6/2/2022 10:41:17 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn:

I agree with you that your constituents are kind, caring people, so do please keep working with them and for them. Please ask the handful of constituents you work with if they are okay with having “living lots” or “safe outdoor spaces” in their neighborhood and if they want homeless encampments on city parks like Jerry Cline Park and if they tell you no, please tell them to call 311.

Subject: Try asking them what they think
Date: 6/3/2022 11:21:17 AM Mountain Standard Time
From: Tammy Fiebelkorn
To: Pete Dinelli

Pete,

Tammy

Subject: Doubt you have any dialogue; City map showing where “living lots” and “safe outdoor spaces” will be allowed
Date: 6/3/2022 12:32:56 PM Mountain Standard Time
From: Pete Dinelli
To: Tammy Fiebelkorn

Councilor Fiebelkorn:

I have written and published numerous articles with research on this issue, have sent them to you, and have never once heard a word from you until now when I asked you to do something about an encampment. You told me to follow the process and then insulted me with a sexist remark.”

COMMENTARY AND ANALYSIS

Fiebelkorn has been in office a mere 5 months. It is hard to take Fiebelkorn serious when she says “I have active dialogue with D7 constituents all the time and work with them on a variety of projects” . The only active dialogue she is known for is talking to her progressive democrat supporters who tell her she is doing a great job.

Confidential sources say what Fiebelkorn has actually done since taking office is meet with her progressive supporters, especially those who are animal rights activists. She has attended a Neighborhood Association meeting and meets with and listens to and takes direction from progressive Democrat City Councilor Pat Davis.

FITTING IN AFTER 5 MONTHS

City Councilor Tammy Fiebelkorn is fitting in with the existing Albuquerque City Council given that she is exhibiting more than a few nasty little traits of some other city councilors and in particular Democrat City Council Isaac Benton, who is the current city council President. He has the reputation of brow beating constituents and city officials during city council meeting or in private. When Benton does not like what you say, he brushes you off or cuts you off or simply ignores you.

One particular incident involving Benton’s dubious conduct worth remembering is when Benton got into a very heated argument with a constituent at a public meeting on the ART Bus project and a photo was taken of a woman separating a screaming Benton from another. The photo appeared in the Albuquerque Journal.

City Councilor Tammy Fiebelkorn needs stop and listen to those she disagrees with and maybe, just maybe, she might learn a thing or two and realize she does not know it all. One thing that is now known for certain is that Tammy Fiebelkorn is a sexist. It is also known she makes up her mind in a vacuum without educating herself on what her constituents actually want.

City Council District 7 voters need to contact Tammy Fiebelkorn before the June 22 meeting of the Albuquerque City Council and make their opinions known about “Living Lots” and “Safe Outdoor Spaces” and ask that she change her vote.

It is often said that being an elected city councilor is the most difficult job of all because you are so close to the garbage cans. Public service as an elected official and as a government employee is about listening, even listening to those you do not like or care for in any way. Voters have the right to contact their elected officials directly and to voice their concerns and not be brow beaten and subject to sexist insults. Voters have the right to ask for help with a problem and not be told to follow “the process.” It’s called constituent services.

Voters have every right to question the job performance of any city councilor, and if any city council does do not like it, they have no business running and holding office.

TELL COUNCIL TO RECONSIDER AND VOTE NO

“Safe outdoor spaces” and “living lots” will be a disaster for the city as a whole. Both will destroy neighborhoods, make the city a magnet for the homeless and destroy the city efforts to manage the homeless through housing.

The public needs to make their opinions known and tell the city council to reconsider and reject both zoning allowances at the June 22 city council meeting.

The email address to contact each city councilor and the Director of Counsel services are as follows:

lesanchez@cabq.gov

louiesanchez@allstate.com

ibenton@cabq.gov

kpena@cabq.gov

bbassan@cabq.gov

danlewis@cabq.gov

LEWISABQ@GMAIL.COM

patdavis@cabq.gov

tfiebelkorn@cabq.gov

trudyjones@cabq.gov

rgrout@cabq.gov

cmelendrez@cabq.gov

____________________

POSTSCRIPT

Below are the blog articles that have been sent to all 9 City Councilors sent without a courtesy of an acknowledgement:

June 6

Dinelli ABQ Journal Guest Column: “Why won’t mayor, APD chief get homeless out of parks?; NEWS UPDATE: APD Rescinds Special Orders Not To Enforce Laws Against Homeless In City Parks; APD Must Demand Immediate Removal Of Unlawful Encampments

https://www.petedinelli.com/2022/06/05/dinelli-abq-journal-guest-column-why-wont-mayor-apd-chief-get-homeless-out-of-parks-news-update-apd-rescinds-special-orders-not-to-enforce-laws-against-homeless-in-city-parks/

May 31

APD Chief Harold Medina Abuse Of Power: Orders APD Sworn Not To Arrest Homeless For Trespassing At City Parks; City Gives 72 Hour “Notices To Vacate” Unlawful Encampment When Immediate Removal Should Be Ordered

https://www.petedinelli.com/2022/05/31/apd-chief-harold-medina-abuse-of-power-orders-apd-sworn-not-to-arrest-homeless-for-trespassing-at-city-parks-city-gives-72-hour-notices-to-vacate-unlawful-encampment-when-im/

May 27

Judy Young and Valere McFarland Guest Column: Campus Model Is Better Alternative To “Living Lots” And “Safe Outdoor Spaces”

https://www.petedinelli.com/2022/05/27/judy-young-and-valere-mcfarland-guest-column-campus-model-is-better-alternative-to-living-lots-and-safe-outdoor-spaces/

May 17

Guest Column By Valere McFarland, Ph.D : “Housing Best Solution To Solve Homeless Crisis, Not City Sanctioned Homeless Encampments”; City To Purchase Tents; Council Needs To Vote NO Rejecting “Living Lots” and “Safe Outdoor Spaces”

https://www.petedinelli.com/2022/05/17/guest-column-by-valere-mcfarland-ph-d-housing-best-solution-to-solve-homeless-crisis-not-city-sanctioned-homeless-encampments-city-to-purchase-tents-council-needs-to-vote-no/

May 16

City Purchased Tents Proposed For “Safe Outdoor Spaces”; “Tent City’s” Will Destroy City’s Permanent Housing Efforts ; Scant Evidence Found On How Permanent Homeless Shelters Affect Surrounding Community; Safe Outdoor Spaces Will Make City “Land of Encampments”

https://www.petedinelli.com/2022/05/16/city-purchased-tents-proposed-for-safe-outdoor-spaces-tent-citys-will-destroy-citys-permanent-housing-efforts-scant-evidence-found-on-how-pe/

May 9

Brook Bassan Wants “Living Lots” and “Safe Outdoor Spaces ” For Homeless; Proclaims “Our Unhoused Neighbors Need Help”; They Are “Illegal Squatters”; Bassan Ignores City Now Spending $114 Million For Services and Shelter For Homeless; Garbage Collection Rate Hike To Clean Homeless Encampments Obscene With $1.4 Billion Budget

https://www.petedinelli.com/2022/05/09/brook-bassan-wants-living-lots-and-safe-outdoor-spaces-for-homeless-proclaims-our-unhoused-neighbors-need-help-they-are-illegal-squatters-bassa/

April 25

Link to Dinelli article “ABQ Will Be “The Land of Encampment” With 45 City Sanctioned Homeless Encampments; ABQ Journal Advocates Pilot Project; Journal Center Would Be Ideal Location For Pilot Project; The Rise Of Tent Cities In America; Permanent Shelter, Enforcement Actions, Solution To Encampments, Not Tent Cities”

https://www.petedinelli.com/2022/04/25/abq-will-be-the-land-of-encampment-with-45-city-sanctioned-homeless-encampments-abq-journal-advocates-pilot-project-journal-center-would-be-ideal-location-for-pilot-project-the-r/

April 4

City Sanctioned Homeless Encampment Coming To Open Space Area Near You!; City Council To Allow 45 Homeless Camps For 1,800 Homeless And Allowing Up To 40 Tents; Councilors Need Their Heads Examined And Tour Coronado Park

https://www.petedinelli.com/2022/04/18/city-sanctioned-homeless-encampment-coming-to-open-space-area-near-you-city-council-to-allow-45-homeless-camps-for-1800-homeless-and-allowing-up-to-40-tents-councilors-need-their-heads-exami/

April 25

ABQ City Council Schedules Public Hearings For Zone Changes To Allow 45 City Sanctioned Homeless Camps Spread Out Over All 9 City Council Districts; Rules Relaxing Converting Nonresidential Properties To Residential Use; Public Encouraged To Attend Or Contact Their Counselors

https://www.petedinelli.com/2022/04/21/abq-city-council-schedules-public-hearings-for-zone-changes-to-allow-45-city-sanctioned-homeless-camps-spread-out-over-all-9-city-council-districts-rules-relaxing-converting-nonresidential-propert/