Coronado Park Closed; Self Proclaimed “Mayor of Corondo Park” Arrested; Now The Hard Part Of Dealing With Displacements

On Wednesday, August 18, at 4:00 PM., Mayor Tim Keller conference, along with city officails, held a press in front of a vacant,  clean up and fenced off Coronado Park and made the announcement that Coronado Park was officially closed to the public making good on a promise he made on June 27 to close the park by the end of August.

Mayor Keller Keller said  the closure of Coronado Parke does not represent  “any kind of a comprehensive strategy” to resolve homelessness crisis. Keller said this:

The actions taken today by the City of Albuquerque are made necessary by the threats to public health, safety and the environment that this encampment has created. … Let no one think, however, that these actions represent a comprehensive strategy for resolving the problem of what we commonly call the homeless in Albuquerque or anywhere else in America.

I know that burden is on me as your mayor, I know that, but it’s also on everyone else in this community.  … That means the homeless themselves, that means every provider involved, that means everyone complaining about this on social media, we’ve all got a role to play. And it is not just to complain about the problem.  … In June we shared that we were evaluating all of our homeless policies. As part of this, in July we stated that we have to close Coronado Park. Throughout the next few months, we’ll continue taking our all-of-the above approach to help our city cope with these issues.”

Mayor Keller added that the yearslong “status quo” and public safety risks at the park including drug and human trafficking to those who lived at the park and those who provided them services had become “no longer acceptable.”

Chief Administrative Officer Lawrence Rael’s cited the prolonged challenge with the homeless at the park and said this:

Homelessness at Coronado has been a challenge for nearly a decade … But we have to draw a line and simply stop a situation that is obviously unacceptable, regardless of what we do next.

The city also cited lack of sanitation posing a health risk to those at Coronado Park and playing a role in the park closure, as well as overall damage to the park.  Drug trafficking at the park had reached a crisis level. Albuquerque Police Department announced that they recovered several different firearms at the park, as well as narcotic drugs like fentanyl, methamphetamine and heroin. The department has received over 400 phone calls this year regarding Coronado Park.

During the August 18 news conference, APD  police Commander Nick Wheeler said police will keep people out of the park by increasing patrols in the area, with help from State Police, and respond to trespassing calls from businesses and residents. He said they will first issue citations and, if that doesn’t work, make arrests. Wheeler said this:

It’s not illegal to be homeless, but it is illegal to break the law. And my guys are going to hold everybody accountable. …

SELF PROCALIMED “MAYOR OF CORONADO” PARK ARRESTED

In an interesting twist to the closure of the Coronado Park, APD  Commander  Nick Wheeler said many of the people who lived at the park were “afraid to get services”, and he made this disclosure:

When I asked about what they were afraid of, they explained to me that they were afraid of the self-proclaimed ‘mayor.’ … The most vulnerable folks, the unhoused, that were living in Coronado Park, every day they were victimized [by this guy.]

Wheeler was alluding to Joseph Garcia, who called himself “the Mayor of Coronado Park.”  Police arrested Garcia Monday in the shooting death of Andrew Aguilar, who was killed inside the park. Wheeler said Aguilar was shot because he didn’t want to pay rent to live in the park.  Wheeler made it clear  that those living at the park felt safer after Garcia’s arrest.

CLEAN UP AND PLACEMENT EFFORTS

On June 27 when Keller announced the closure of the park, between 120 and 150 homeless would camp in the park nightly. By Tuesday, August 17 when the park was officially closed and after weeks of what the city has called intensive outreach and contact with the homeless campers, the number was down to 30 to 40 and 15 subsequently accepted transportation to a shelter.

Spokeswoman for Family and Community Services Katie Simon said that part of the city’s intensive outreach, the city did more than 110 surveys of those who had been living at Coronado Park. She said that 24 were either given a motel voucher or transported to a shelter, two were given tickets to travel housing out of state and two were taken to the hospital.

Since June 27, the city has taken great pains to clean up Coronado Park and do extensive outreach to the homeless that resided there to provide services. According to one news report, upwards of 20 tons of trash and debis were removed from the park.  Virtually all the trees in the park are dead and the city will cut them down. The city intends to strengthen the new fence around the park.

During the last month, the city provided services to those in need at the park. APD has received over 400 phone calls this year alone regarding Coronado Park and APD police and metro security patrols will reportedly be monitoring the area to keep people out of the park.

Links to quoted news sources are here:

https://www.abqjournal.com/2525180/city-coronado-park-is-officially-closed.html

https://www.msn.com/en-us/news/us/city-of-albuquerque-closes-coronado-park/ar-AA10MmYX

City of Albuquerque closes Coronado Park (koat.com)

Coronado Park is officially closed – KOB.com

LONG TERM USE MAY INCLUDE SELLING PARK TO THE STATE

Keller said the city has not determined exactly what to do with the park property in the long term and figuring out what to do with the park will take time.   Keller did say the city has 3 main options as to what to do with the park. Those options include:

  1. Make it a park again
  2. Build a fire station expansion and training area, or
  3. Build supportive, affordable housing

As to making the area a park again, Keller but pointed out the city is planning a park on the Walker property blocks away.  Keller said this:

That’s where a park should be, in the heart of the neighborhood, not next to a highway.

The Walker property is an entire block of vacant land where 21 residential homes and businesses between 5th and 6th and Summer and Rosemont streets were once located and that were demolished by the city. The property is directly north of the Wells Park Community Center and was later purchased by the city at a cost of approximately $1.8 million. All the structures were boarded up and abandoned and often used by squatters and the homeless and criminals for drug trafficking. It was on September 2, 2007, that it was reported that the entire block of vacant homes, which were all owned at the time by 86-year-old Anne Davis Walker were demolished.  The demolition cost the city $189,000 and Davis Walker paid back the city within a year. The demolition of all 27 structures was negotiated by then Deputy City Attorney and Safe City Strike Force Director Pete Dinelli. The Safe City Strike Force is a best practices program that Mayor Keller abolished and defunded.

https://www.bizjournals.com/albuquerque/stories/2007/09/03/story6.html

What Mayor Keller did not disclose is that the State has expressed an interest in purchasing the park. On August 4 an event was held for Governor Michelle Lujan Grisham where she spoke as she campaigns for reelection. During her comments, the Governor took time to discuss crime in Albuquerque and how she is committed to programs to reduce the city’s out of control violent crime rates.

While discussing the City’s crime, Governor Lujan Grisham in particular brought up the closure of Coronado Park. In what can only be considered a surprise announcement, the Governor said that her administration wants to purchase Coronado Park. Her plan is to build a facility or complex on the land for service providers to the homeless which would include private providers and state and city providers so that there will be one centralized location for services being provided. The Governor did not disclose exactly how far along the purchase plans are but a confidential source has said the State had been in contact with the Keller Administration.

KELLER’S CLOSURE CRITICIZED FOR FAILURE TO CONFERE WITH STAKEHOLDERS AND LACK OF ANY PLAN

Mayor Keller was severely criticized for making the decision to close the park without conferring first and getting input from the surrounding neighborhoods, especially the Wells Park neighborhood, local businesses and stakeholders. Critics complained that Keller made the decision without a plan for what to do next after the park closed. Keller took issue with the criticism that he made the park closure decision without first notifying or consulting with key constituencies justifying his decision by saying the situation at the park had become a major crisis that needed to be dealt with immediately

Wells Park Neighborhood Association President Doreen McKnight said this:

“It’s hard for us to take a position on this — whether or not we think it’s a good or bad idea — if nobody communicates with us and there’s no plan.”

The Mental Health Response Advisory Committee is in charge of advising the city on issues related to chronic homelessness. Max Kauffman, who co-chairs the committee, said Keller’s announcement came as a surprise. Kaufman said this:

“Now we’re in the position of having to react to it rather than getting ahead of it, helping to make sure that they’re considering all the factors that are relevant to people experiencing homelessness and they’re taking good care in how they’re executing this policy, and whether to execute this policy at all.”

The link to quoted news source material is here:

https://www.abqjournal.com/2519038/keller-city-will-close-coronado-park.html

A petition was presented to the City Council on August 15 by the New Mexico Coalition to End Homelessness where the city was asked to pause closure plans. It criticized the city for leaving people who are homeless out of the closure decision.

The leadership of the city’s Mental Health Advisory Committee raised concerns over the abrupt announcement and closure of the park by the Mayor.  The Mental Health Advisory Committee is mandated by the Federal Court Approved Settlement Agreement (CASA) with the U.S. Department of Justice dealing with APD Police reforms. The committee is charged with advising the city on issues related to chronic homelessness. The city did not notify the committee or seek its guidance about closing the park before Keller publicly announced that was his plan.

On Tuesay, August 16, the city gave the committee a presentation on the closure of Coronado Park.  However, co-chair Rachel Biggs said they did not solicit the group’s feedback nor even bother mentioning that the park would close the next day. Biggs had this to say:

We raised concerns that the lack of involvement in plans for something such as closing down Coronado Park could put the city at risk of being non-compliant [with the Court Approved Settlement].

The link to quoted news source material is here:

https://www.abqjournal.com/2525180/city-coronado-park-is-officially-closed.html

HISTORY OF A PARK CLOSURE AND REASONS GIVEN

Over the last 5 years, Coronado Park became the “de facto” city sanctioned homeless encampment with the city repeatedly cleaning it up only for the homeless to return the next day. City officials have said it was costing the city $27,154 every two weeks or $54,308 a month to clean up the park only to allow the homeless encampment to return.

Residents and businesses located near the park complain to the city repeatedly about the city’s unwritten policy to allow the park to be used as a homeless encampment and its use as a drop off by law enforcement for those who are transported from the westside jail. At any given time, Coronado Park had 70 to 80 tents crammed into the park with homeless wondering the area.

The biggest factor and justification in closing the park is crime.  Criminal activity has spiked at the park over the past three years. The city park has an extensive history lawlessness including drug use, violence, murder, rape and mental health issues. In 2020, there were 3 homicides at Coronado Park. In 2019, a disabled woman was raped, and in 2018 there was a murder. APD reports that it was dispatched to the park 651 times in 2021 and 312 times thus far in 2022. There have been 16 stabbings at the park in the past 2 and in the past 30 days APD has seized from the park 4,500 fentanyl pills, more than 5 pounds of methamphetamine, 24 grams of heroin and 29 grams of cocaine. APD also found $10,000 in cash. All the seized drugs were tied to a single bust in late June that occurred at a nearby motel, not the park, though an APD spokeswoman said the suspect was “mainly doing all their distributions [at the park].”

The links to quoted news sources are here:

https://www.koat.com/article/coronado-park-closed-homeless/40724118

https://www.abqjournal.com/2519423/were-not-going-to-wait-any-longer-mayor-says-of-coronado-park.html

On June 27, calling it “the most dangerous place in the state of New Mexico Albuquerque Mayor Tim Keller held a press conference standing in front of Coronado Park to announce its closure and to discuss his reasons for ordering the parks closed and saying it was imperative even without a fully formed plan for how to do it and what happens next.

The primary reason Keller gave for closure of the park was the extent of the crime. According to APD in the last two years there have been at least five homicides, 16 stabbings and 20 assaults. In 2021 APD responded to 651 calls at the park, and as of July 21, 2022 there have been 312 calls for service.

https://www.koat.com/article/coronado-park-closed-homeless/40724118

Keller said this :

“We’re not going to wait any longer. We have all the evidence we need that says that we have to do something different. … It is not going to be something where every question is answered, and every plan is thought out. … We do not have the luxury of a perfect plan. … At this point, if we don’t close the park now, it will never be a park again. … There was unanimous consensus that at a minimum, temporarily, this park has to close. … This is the first step. We welcome everyone to help us problem-solve, but someone has to step up and make a decision … And that’s what people elected me to do.

Keller said the immediate closure of the park would be “messy” and that dispersing park residents could create other problems.

CITY SPENDS MILLIONS A YEAR TO HELP THE HOMELESS

The City of Albuquerque has adopted the Housing First policy as mandated by the federal HEARTH Act in order to secure federal funding.

On May 16, the Albuquerque City Council voted to approve the 2022-2023 fiscal year city budget which will begn on July 1,2022 . The 2022-2023 approved city budget provides major funding of upwards of $60 Million to deal with the homeless. Included in the adopted budget is funding for Safe Community programs that deal with issues such as substance abuse, homelessness, domestic violence and youth opportunity.

Following is a listing of approved funding:

  • $24 million in Emergency Rental Assistance from the federal government, which the City will make available in partnership with the State.
  • $4 million in recurring funding and $2 million in one-time funding for supportive housing programs in the City’s Housing First model. In addition, as recommended by the Mayor’s Domestic Violence Task Force, the budget includes $100 thousand for emergency housing vouchers for victims of intimate partner violence.
  • $4.7 million net to operate the City’s first Gateway Centerat the Gibson Medical Facility, including revenue and expenses for facility and program operations.
  • $500 thousand to fund Albuquerque Street Connect, a program that focuses on people experiencing homelessness who use the most emergency services and care, to establish ongoing relationships that result in permanent supportive housing.
  • $1.3 million for a Medical Respite facility at Gibson Health Hub, which will provide acute and post-acute care for persons experiencing homelessness who are too ill or frail to recover from a physical illness or injury on the streets but are not sick enough to be in a hospital.
  • Full funding for the Westside Emergency Housing Center which is operated close to full occupancy for much of the year. On October 23, 2019, it was announced that Albuquerque’s West Side Emergency Housing Center was expanded to provide a coordinated approach to homelessness. The homeless use that facility to get medical care, treatment for addiction and behavioral health, job placement and case management services. The west side shelter now has the University of New Mexico Health Sciences Center, Presbyterian Hospital and Alburquerque Health Care for the Homeless providing medical services two days a week. It also has case management services being provided by Centro Savila, funded by Bernalillo County. Job placement opportunities are being provided by workforce connections.
  • $500 thousand to fund the development of a technology system that enables the City and providers to coordinate on the provision of social services to people experiencing homelessness and behavioral health challenges

The link to news source material:

https://www.abqjournal.com/1381895/westside-shelter-adds-computers-behavioral-health-care-and-career-services-ex-mayor-says-the-move-is-part-of-the-citys-multipronged-approach-to-homelessness.html

The Fiscal Year 2023 budget includes the following funding for Safe Community programs:

  • $1.8 million to develop what will be Albuquerque’s only medical substance abuse facility dedicated to youths likely housed at the Gibson Health Hub.
  • Full funding for the Violence Intervention Program that deals with both APD and Family & Community Services departments, including the first phase of School-Based VIP in partnership with APS.
  • $736 thousand to fully fund the Assisted Outpatient Treatment program.
  • $730 thousand for a partial year of operation of a Medical Sobering Center at Gibson Health Hub, which will complement the social model sobering facilities available at the County’s CARES campus.
  • Full funding for service contracts for mental health, substance abuse, early intervention and prevention programs, domestic violence shelters and services, sexual assault services, health and social service center providers, and services to abused, neglected and abandoned youth.

The link to the enacted 2022-2023 proposed budget is here:

https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf

COMMENTARY AND ANALYSIS

Allowing the homeless to use, congregate and camp in Coronado Park in violation of city laws and ordinances should never have been considered as an option to deal with the homeless crisis given all the resources the city is spending to help the homeless. This so called “grouping” of the homeless at Coronado Park was sanctioned by Mayor Keller, a mayor who for his entire first term made dealing with the homeless crisis a corner stone of his administration. A Mayor whose administration spent $40 million in 2022 and will spend another $60 million in 2023 to provide assistance to the homeless. A Mayor who saw to it that the city purchased the 529,000 square-foot Lovelace Hospital facility on Gibson for $15 million to have it converted into a Gateway Shelter and who made the westside shelter a 24-7 facility.

It was disingenuous for Mayor Keller to say just a few weeks before he announced closure of the park that  “[The federal courts] will not allow us to just walk in and arrest someone because they’re homeless and the current situation beats the alternative. … .“ The situation at Coronado Park did not beat the alternative of having a zero tolerance of allowing an illegal encampment at a city park and allowing the homeless to squat all over the city and not enforce the law.

It was Mayor Keller who allowed a once beautiful and pristine park dedicated to public use to become a festering blight on the community. Simply put, Coronado became an embarrassment with the city violating its own ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinance. Coronado Park became the symbol of Keller’s failure as Mayor to deal with the homeless crisis and he had to deal with a nuisance property of his own creation.

The homeless crisis will not be solved by the city nor by Keller, but it can and must be managed. The management of the crisis by Mayor Keller 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.

Too many elected and government officials, like Mayor Tim Keller, have a hard time dealing with the fact 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 and Mayor Keller cannot just ignore and not enforce the city’s  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.

Mayor Tim Keller is to be commended for coming to his senses after a full 4 years and exercising his authority to issue executive orders to clean up and remove unlawful encampments and permanently close Coronado Park. Closure of Coronado Park is a good first step in announcing a new approach to the city’s homeless crisis. Now comes the real hard part to come up with a viable plan that will not make things worse for the area and the city.

The links to quoted news sources are here:

https://www.koat.com/article/coronado-park-closed-homeless/40724118

https://www.kob.com/new-mexico/mayor-keller-reaffirms-plans-to-close-coronado-park/

https://www.abqjournal.com/2519423/were-not-going-to-wait-any-longer-mayor-says-of-coronado-park.html

https://www.abqjournal.com/2519038/keller-city-will-close-coronado-park.html

https://www.kob.com/new-mexico/city-of-albuquerque-revisits-policy-in-hopes-to-combat-homelessness/

Keller’s “Endless Purgatory Of Appeals” Comes To An End As Gibson Gateway Center Gets City Zoning Approval; Keller’s Heavy Handed Approach Dealing With Neighborhoods; Homeless Hospital Highest And Best Use For Gibson Medical Facility Not Homeless Shelter

On August 16, after a full 15 months of delay since the Keller Administration purchased the sprawling Gibson Medical Center, formerly the Lovelace Hospital, to  convert it into a 24-7  homeless shelter, the Keller Administration has finally secured the necessary zoning change to operate the facility as a 24-7 “homeless shelter.”  Zoning Hearing Examiner Robert Lucero has now   authorized the zone change after appeals were dropped by adjoining  property owners and the neighborhoods.

On October 6, 2021, it was reported that hearing examiner Robert Lucero had  postponed a decision on the city’s application for a shelter so the city could  finish finalizing key details to operate the facility. Lucero found that the city had demonstrated its shelter plan complied with Albuquerque’s Integrated Development Ordinance, but he said its case relied in part on “draft” operations plan for the proposed Gateway Center.  Lucero wrote:

“This matter should be deferred to allow the city the opportunity to finalize and adopt the operations plan on which rests a significant portion of the justification of the shelter application. ”

The link to quoted source material is here:

https://www.abqjournal.com/2435869/gateway-shelter-zoning-decision-is-postponed.html

The zoning for the Gibson Medical Center facility allows for an “overnight shelter” but only as a “conditional use” that the city had to  apply under the Integrated Development Ordinance.   Within weeks of purchasing the facility, the city applied for the “conditional use” arguing there is a strong need for it to enhance Albuquerque’s demand for homeless services to an ever-expanding homeless population. Since the filing of the zoning application, the application has been bogged down in appeals filed by the surrounding neighborhoods.

In June at a press conference announcing the closure of Coronado Park, Mayor Keller himself complained about the delay and said this:

The Gateway Center has been delayed years because of appeals based on zoning laws made by a small, tiny community that doesn’t want that thing to open. … [It has been tied up in an] endless purgatory of appeals.”

According to the city’s Family and Community Department, demolition and renovations are already underway at the facility.  The renovations include an emergency shelter, a  first responder drop-off, a detox center, and a  medical unit for people who are too sick to recover on the street, but not sick enough for the hospital.

The links to quoted news source material is here:

https://www.kob.com/new-mexico/albuquerques-gateway-center-gets-zoning-green-light/

Gibson Health Hub is currently home to seven tenants, including three accredited hospitals, and various City of Albuquerque departments. Those tenants are:

AMG Specialty Hospital which is a long-term acute care hospital.

Haven Behavioral Hospital which is an   in-patient and out-patient treatments for individuals struggling with mental health and substance abuse issues.

Turquoise Lodge Hospital which is operated by the   NM Department of Health hospital and provides substance abuse treatment services to New Mexico residents.

Fresenius Kidney Care which provides  education, support, and care for kidney health.

Zia Health Management which is an in-home medical care provider.

VIP Trauma Recovery Center, which is   a central hub to connect victims of violent crime to trauma recovery services

The Encampment Outreach Team which secures ¼ mi radius around the facility  and connects individuals in encampments to service.

The city’s Violence Intervention Program offices have also moved into the facility.

The Albuquerque Community Safety Department (ACS) is the most recent tenant to have moved into the facility. The creation of ACS was announced on September 7, 2021.  It is  designed to replace APD sworn police with civilian social workers and trained mental health experts to respond to 911 calls involving the homeless, the mentally ill and drug addictions. The ultimate goal of the ACS is  to reduce the staggering number of 911 emergency calls to those who may be having psychotic episodes and to utilized de-escalation tactics and avoid use of force and deadly force.

The city’s 2022-2023 approved budget includes $12.6 million for the Gibson Gateway Center.  The funding includes $10.6 million to operate the Gateway emergency shelter and first responder drop-off, $1.3 million for the medical respite unit, and $730,000 for the medical sobering or detox unit.

OPERATION PLAN FOR GIBSON MEDICAL CENTER

As part of the zone change application, the City prepared an operations plan for the Gibson site and posted it on its website. The “Gateway Center at Gibson Health Hub Operations Plan” includes the services to be provided, including transportation and dining, security and related topics and it all centers on the facility being used as temporary housing homeless shelter.

The City of Albuquerque posted on its internet web site an 11-page draft of the “Gateway Center at Gibson Health Hub Operations Plan” for the homeless shelter. The draft the operations plan is dated August, 2021. The link to the 11 page “Gateway Center at Gibson Health Hub Operations Plan” is here:

https://www.cabq.gov/family/documents/operations-plan-draft-8-21-conditional-use-app.pdf

The Gateway Operations Plan provides that The Gibson Health Hub (GHH) is to be an anchor facility to fill healthcare and social service gaps. A large portion of the Gateway Center will be to provide shelter and services to the homeless. The mission of the Gateway Center will be to “provide a safe and welcoming place that provides a low-barrier, trauma-informed shelter along with services to the homeless using a client-centered approach.”

According to the operation plan, Gateway Center staff will conduct an assessment that will address any immediate issues that need to be resolved, including physical or medical health issues that may require a triage to more appropriate options. This may include referrals for medical respite, detox or recovery programs.

The Gateway Operations Plan outlines that service staff will conduct a general assessment with individuals and families to verify that the Gateway Center is an appropriate option. As part of this assessment, Gateway Center staff will assess whether the presenting individual or family can be safely diverted to a non-shelter alternative. The Gateway Shelter will establish a referral process for community organizations, including other homeless assistance providers and other local service agencies.

https://www.cabq.gov/planning/documents/CRPhandbook0512.pdf

KELLER’S HEAVY-HANDED APPROACH TO NEIGHBORHOOD

It was on Tuesday, April 6, 2021, that Mayor Tim Keller held a press conference in front of the Gibson Medical Center, formerly the Lovelace Hospital, to officially announce the city had bought the massive 572,000 square-foot building that has a 201-bed capacity, for $15 million.  In making the announcement, Keller said in part:

“The City of Albuquerque has officially bought the Gibson Medical Center, the cornerstone of our Gateway Center network. In total, this represents the largest capital investment that Albuquerque has ever made for the unhoused. We have roughly 5,000 homeless people.  This challenge [of homelessness] is huge. And we know this challenge has gotten way worse during the pandemic. For us, this is about actually doing something. Not just talking about it, not just discussing it, not just harping about the details. This is about action. … This is never meant to be permanent. It’s meant to be a gateway to services that can then lead to people enabling and changing their lives. …  What we’re looking at here is to move past this question of where … No matter how you feel about it, we’ve answered that question.”

After his press conference, Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased. Keller said he planned to confer with residents in the future. Keller made it clear either way, like it or not, the site had been selected and the Gibson Medical facility will be used to service the homeless population as a Gateway Center.

OPPOSITION EMERGES FROM NEIGHBORHOODS

After his April 6, 2021 press conference, Mayor Keller came under severe criticism for his failure to reach a consensus and take community input before the Gibson Medical Center was purchased for a homeless shelter. Residents of Elder Homestead, Parkland Hills, and Siesta Hills Neighborhood Associations led the efforts to aggressively oppose Keller’s plan to house hundreds of homeless residents in the District 6 Southeast Heights City Council District.  District 6 hosts more than 30 sites providing services to low-income and homeless residents. Area residents feared the clustering of unmanaged encampments and low rent by-the-night motels in the area will increase police calls for service and make things even worse for the area with a homeless shelter

Tony Lopez, a resident of nearby Siesta Hills neighborhood had this to say after Keller announced the purchase of the medical center:

“I just don’t think it was fair that it was thrown onto us without getting any input or allowing us to hear about it or allowing us to say something about it. It’s really frustrating for us because we already have an issue here at the present moment and they’ve got to find a better place which is away from neighborhoods.”

Other residents felt the facility should be used on a smaller scale to service a few dozen women and children, rather than a few hundred people. The biggest worry is that the Gibson facility will in fact be converted to “mega-shelter” as was originally proposed by Keller and that it will impact the neighborhood.

https://www.kob.com/albuquerque-news/protesters-upset-with-citys-plan-to-move-forward-with-gateway-center-in-se-albuquerque/6069693/?cat=500

On Friday, April 9, 2021 neighbors who felt they have been ignored and overlooked in the planning process and being asked to shoulder too big of a burden protested near the site. Some held signs with the messages:

“NO INPUT, NO INFO, NO FAITH IN GATEWAY”
“KELLER LIES ABOUT SIZE”
“I VOTED FOR A SUBSTATION AND ALL I GOT WAS THIS LOUSY MEGA SHELTER”
“KELLER NEVER ASKED US”
“GATEWAY = KELLER’S ART”
“KELLER NEVER ASKED US”
“MAYOR KELLER, NO MORE DISRESPECT”

Tony Johnson, who lives near the Gibson complex said he’s experienced homelessness himself, and had this to say:

“You’re not going to do that in our backyard, the way you wanna do it. … You need to talk to us first. I know what it is, but you’re not going to do something over here 24/7 and continue to affect our children and our schools and our community”.

Area resident Ivan Wiener, who participated in the protest said:

“I think there’s definitely middle ground, we have already told the city that we agree with people needing services, but it can’t be more than 50 to 70 beds in this place.”

Tamaya Toulouse who also lives near the Gibson complex, said she supports the city offering housing. However, she, and others, don’t trust the city to keep its promises, especially after spending decades revitalizing their neighborhoods.

She had this to say:

“If we’ve got 300 behavioral health folks here all day long – during the daytime spilling out into the streets with nowhere to go will further disenfranchise the southeast heights and that’s been going on for four decades too long already.”

Raven Green, who lives in the Elder Homestead Neighborhood had this to say:

“Over the last five or six years, [our area] has declined. It’s become unsafe. The crime is rampant.”

Toulouse and Green both say the Gibson Medical Center does not fit the certain criteria announced for the Gateway project, including walkability, access to employment, and a central location. Toulouse said:

“What does it need to have to be effective? Good transportation lines that Gibson line for buses is not anywhere in the middle of the city. “

Raven Green added:

“It’s concerning for everyone and people that live here, and the people that are going to be putting themselves in a vulnerable position going to the city, to try and get help.”

Vera Watson, a resident of nearby Parkland Hills neighborhood, said the city has too big of a concentration of social services in Southeast Albuquerque. Watson believes it contributes to crime. Watson said she voted for the bond question that generated $14 million for the Gateway Center and that she supports additional services for people who are homeless. However, she feels the city has neglected the surrounding neighborhoods while advancing the project. Watson said bluntly:

“I just think the mayor gave us his middle finger”.

https://www.abqjournal.com/774956/medical-center-at-old-lovelace-hospital-might-expand-to-other-uses.html

REDUCED MISSION FOR GIBSON GAETWAY HOMELESS SHELTER

The net result of the protests was the neighborhoods organized, held meetings with city officials and recruited attorney’s acting pro bono to assist with appeals.  The neighborhoods argued that the city needed to do more for homelessness, but not all in one place at one time. The neighborhoods were successful in negotiating greater input on the site development, including the city investing in lighting and infrastructure, security plans and creation of a “neighborhood council” to address unintended consequences. The city significantly reduced plans for the Gibson Gateway Center from an unlimited number of overnight beds to a homeless shelter for upwards of 50 women and those needing medical care.

Keller’s ambitious plan to house an undeclared number of homeless was refined.  The city’s website on the center reveals that, for Phase 1, “the Shelter and Engagement Center portion of Gateway will serve 50 single adult women-identifying individuals (on a yearly basis, up to 200 individual women). The First Responder Drop-Off will make up to 1,500 transports a year to needed services.”

On February 28, 2022 it was reported that the city decided to launch the Gibson Gateway Center with 50 beds for women. In the past, the City said the Gibson Gateway Center was to be a 24/7 operation to aid anyone regardless of gender, religion or sobriety but announced it would start exclusively with women asserting that it made sense from a resource’s perspective.

There are about twice as many “unsheltered” men as women in Albuquerque, according to an official 2021 count. However, Elizabeth Holguin, the city’s Deputy Director for Homeless Solutions, said that there are disproportionately fewer emergency shelter beds for women throughout the city with 155 for women compared to 463 for men, with another 107 that are flexible. She said the Gateway will help address that gap.

The women-only program also takes into account the dangers women face on the street.  Holguin said this:

“We’re committed to social justice and equity, and equity does really mean prioritizing the most vulnerable individuals in our society. … From our data we’ve seen homeless women are much more vulnerable than the general population and more vulnerable than homeless men as well.”

The city’s goal is to open the shelter by the end of 2022 and Officials say the facility should eventually accommodate up to 100 adults and 25 families, but beds for men and families will come in later phases.

COMMENTARY AND ANALYSIS

Mayor Tim Keller has been very short sighted and has been feckless in his efforts to convert a facility designed, built and zoned for a hospital or medical services to a 24-7 overnight homeless shelter that required special zoning for a “conditional use”. Mayor Tim Keller has created a crisis with the closure of Coronado Park admitting he had no  plans and for that reason he should have reconsidered his desire to create homeless shelter and instead convert the massive Gibson Medical Center into a Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center which is far more needed than a 24-7 homeless shelter.

HOMELESS BEHAVIORAL HEALTH HOSPITAL AND DRUG REHABILITATION TREATMENT CENTER

The highest and best use for the Gibson Medical Center facility is a hospital or medical facility, the purpose for which it was originally built for and for which it is already zoned. The massive 572,000 square-foot Gibson Medical complex would be ideal for  a “Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center.”   Such a hospital could be staffed with full time physicians, counselors, social workers and mental health experts to provide the needed care to the homeless who are suffering from addiction or mental illness.   A homeless behavioral health hospital and drug rehabilitation treatment center at the Gibson Medical Center would fill that void and provide a facility that is absolutely necessary to provide medical and mental health care and drug rehabilitation  to the homeless.

KELLER’S  HEAVY HAND

Since being sworn in on December 1, 2017, Mayor Tim Keller made it clear that building a homeless shelter was one of his top priorities. City Hall deemed that a 24-hour, 7 day a week temporarily shelter for the homeless as critical toward reducing the number of homeless in the city.

When it comes to city projects and programs, the term “NIMBY” stands for “Not In My Back Yard”. It describes opposition to proposed projects by homeowners, property owners, and business owners. Three of the biggest issues that generate public outcry are the location of adult amusement businesses, methadone clinics and homeless shelters. Mayor Keller’s desire to build a 24-hour, 7 day a week city built and run homeless shelter is a classic case of NIMBY, but it is a problem he actually created and brought upon himself.

Mayor Tim Keller mishandled the homeless shelter site selection process from  the get-go. His press conference where he announced the purchase of the Loveless hospital was heavy handed, especially when he essentially gloated and said the location of the shelter had been decided upon, end of discussion, to bad, so sad, so get over it.

Keller’s comments in his June, 2022 press conference announcing the closure of Coranado “The Gateway Center has been delayed years because of appeals based on zoning laws made by a small, tiny community that doesn’t want that thing to open. … [It has been tied up in an] endless purgatory of appeals” were  also heavy handed and did not help much either and showed disrespect.

Neighborhoods need to be respected and citizens have every right to advocate what they believe in that is in the best interest of where they live, even if that means exercising their rights under the law to stop a heavy-handed Mayor from doing whatever he wants.

Mayor Tim Keller failed to build true consensus on what the city should do and where the shelter should go and he is the reason for the endless “purgatory of appeals”.  It was his arrogance not to seek out and listen to those who will have to deal with his legacy project.

 

 

What The Hell Was Trump Doing With Top Secret Classified Documents In His Home?; GOP Defends Trump At All Cost; Threats On Law Enforcement Ensues

On Friday, August 12, 2021, the United States District Court for the Southern District Court of Florida unsealed the Department of Justice Search Warrant and the Return of Service and Inventory executed on August 8 at former President Donald Trump’s Mar-a-Lago residence in Florida. A link to review the search warrant is here:

https://assets.bwbx.io/documents/users/iqjWHBFdfxIU/r4ifDtO2XZZ8/v0

It was Federal Judge Bruce Reinhart who approved the search warrant on August 5 at 12:12 p.m., three days before the search took place. The search had to be completed by August 19, between the hours of 6 a.m. and 10 p.m. The warrant says that within the Mar-a-Lago estate, the places that could be searched included “45 Office,” and “all storage rooms, and all other rooms or areas within the premises used or available to be used by FPOTUS and his staff and in which boxes or documents could be stored, including all structures or buildings on the estate.”

https://www.npr.org/2022/08/12/1117151056/fbi-collected-multiple-sets-of-classified-documents-from-trumps-mar-a-lago-home

The judge authorized federal agents to gather any documents with classification markings as well as information about how “national defense information or classified material” had been stored and handled. The judge also gave agents leeway to collect any other government records created between the day Trump took office on Jan. 20, 2017 and when he left four years later that might be evidence of violations of the Espionage Act or other document-related crimes under investigation.

Attachment B of the search warrant shows what was to be seized and says federal agents were to gather evidence that include physical documents with classification markings, and the containers or boxes those documents were located in, as well as other containers that were stored or found together with those documents. They also were to seize “information, including communications in any form, regarding the retrieval, storage, or transmission of national defense information or classified material.” The document also called for seizure of any presidential or government records and any evidence of alteration or destruction of those records or other classified documents.

On Thursday, August 11, Attorney General Merrick Garland held a press conference and announced that he authorized the search warrant. Garland also announced that the DOJ asked the judge to unseal the warrant. Trump said in a posting on social media night that he supported the release of the documents.

WHAT WAS SIEZED

The warrant allows for the seizure of all physical documents and records constituting evidence, contraband, fruits of crime, or other items illegally possessed in violation of” various aspects of the Espionage Act.

The search warrant says federal agents are investigating potential violations of three different federal laws. The three specific federal criminal laws are:

18 USC 793, which is part of the Espionage Act and makes it a crime to remove or misuse information related to national defense;

18 USC 2071, which makes it a crime to hide, damage, or destroy government records; and

18 USC 1519, which makes it a crime to falsify, destroy, or cover up records to obstruct or interfere with a federal investigation or “proper administration of any matter” under the jurisdiction of an agency.

All three potential offenses cited in the warrant are felony crimes. The obstruction charge carries a maximum sentence of up to 20 years in prison. The Espionage Act crime has a maximum sentence of 10 years in prison, and the catch-all offense for destroying government records carries up to three years behind bars.

“The records destruction statute also states that a person found guilty “shall forfeit his office and be disqualified from holding any office under the United States,” but legal scholars have largely agreed that it’s unlikely that punishment could apply to the presidency, since the Constitution directly spells out what qualifies, or disqualifies, a person for that office.”

A total of 27 boxes were seized. Included in the documents and items seized were 11 sets of documents labeled classified, confidential, secret and top secret. The list of boxes of information seized during the search includes documents that were the US government’s highest top-secret ratings.

“The FBI seized “TS/SCI documents,” which stands for top-secret and sensitive compartmented information, a government label for material gathered through sensitive intelligence sources or methods. The seized records marked “sensitive compartmented information” is a special category meant to protect the nation’s most important secrets that if revealed publicly could cause “exceptionally grave” damage to U.S. interests. In other words, documents were seized that potentially compromise the country’s national security. Federal prosecutors are indicating that they are exploring possible violations of the federal Espionage Act.”

The property receipt also shows the FBI collected other potential presidential records, including the order pardoning Trump ally Roger Stone, a“leatherbound box of documents,” and information about the “President of France.” A binder of photos, a handwritten note, “miscellaneous secret documents” and “miscellaneous confidential documents” were also seized in the search.

Trump’s attorney, Christina Bobb, who was present at Mar-a-Lago when the agents conducted the search, signed two property receipts. One receipt was two pages long and another that is a single page.

The links to quoted news source material are here:

https://www.npr.org/2022/08/12/1117151056/fbi-collected-multiple-sets-of-classified-documents-from-trumps-mar-a-lago-home

https://www.bloomberg.com/news/articles/2022-08-12/fbi-seized-top-secret-documents-from-trump-s-home-reports-say

https://www.wbrz.com/news/fbi-seized-top-secret-documents-in-trump-estate-search/

https://www.nbcnews.com/politics/justice-department/trump-denies-report-fbi-sought-nuclear-documents-mar-lago-search-rcna42766

https://nypost.com/2022/08/12/fbi-seized-11-sets-of-classified-documents-in-trump-mar-a-lago-raid/

TRUMP CLAIMS ALL DOCUMENTS DECLASSIFIED, NO EVIDENCE OF DECLASSIFICATION

Shortly before the Judge ordered the documents unsealed, Trump issued a statement claiming that the information was declassified. Trump said this:

“Number one, it was all declassified. … Number two, they didn’t need to ‘seize’ anything. They could have had it anytime they wanted without playing politics and breaking into Mar-a-Lago. It was in secured storage, with an additional lock put on as per their request.”

The truth is Trump kept possession of the documents despite multiple requests from agencies, including the National Archives, to turn over presidential records in accordance with federal law. The US National Archives and Records Administration “had ongoing communications” with Trump’s representatives throughout 2021, which resulted in the transfer of 15 boxes to NARA in January 2022,” Archivist David Ferriero wrote in his February 18th letter to House Oversight Committee Chairwoman Carolyn Maloney, which prompted NARA staff to contact the Justice Department and resulted in the investigation that lead to the FBI’s search.

Trump’s supporters are claiming he has the power to declassify documents on his own. That is simply false. While a president can request or initiate a declassification, the original classifying agency “must undergo a process to complete the declassification,” according to former federal prosecutor Barbara McQuade.

“While incumbent presidents generally have the power to declassify information, that authority lapses as soon as they leave office and it was not clear if the documents in question have ever been declassified. And even an incumbent’s powers to declassify may be limited regarding secrets dealing with nuclear weapons programs, covert operations and operatives, and some data shared with allies.”

The link to quoted news source material is here:

https://www.wbrz.com/news/fbi-seized-top-secret-documents-in-trump-estate-search/

It was only after archivists began indexing those recovered records that they discovered the boxes contained classified national security information,” Archivist David Ferriero said in the letter.

Democratic Rep. Adam Schiff, head of the House Intelligence Committee, said Sunday, August 14, on FACE THE NATION that he has not seen evidence that former President Donald Trump declassified documents that were found by the FBI during a search of his South Florida residence Mar-a-Lago, last week. Schiff said this:

“We should determine, you know, whether there was any effort during the presidency to go through the process of declassification. … I’ve seen no evidence of that, nor have they presented any evidence of that.”

Transcript: Rep. Adam Schiff on “Face the Nation” is here:

https://www.cbsnews.com/news/adam-schiff-face-the-nation-transcript-08-14-2022/?ftag=YHF4eb9d17

TRUMP AND REPUBLICANS ATTACK LAW ENFORCMENT

The execution of the search warrant was immediately attacked by Trump and his Republican allies as a political move by President Joe Biden. Trump himself suggested the search warrant was politically motivated and went so far to advance the baseless conspiracy theory that the FBI agents might have planted evidence. The White House has said that Biden was not even told in advance about the search.

On Sunday August 14, the online news agency The Hill reported in part as follows:

“Trump allies have portrayed the unprecedented as evidence the FBI and Department of Justice (DOJ) have been weaponized by the Biden administration. Some Republicans have called for the FBI to be defunded, while others have broadcast the notion that agents could come after all Americans, including showing up in their living rooms.

Both Democrats and Republicans took to the Sunday political shows to denounce attacks on the agency, which is reporting an increase in threats to law enforcement agents following the search.

Senator Amy Klobuchar (D-Minn.), during an interview with Andrea Mitchell on NBC’s “Meet the Press,” explicitly tied an attempted breach of the FBI’s Cincinnati field office on Thursday to recent GOP rhetoric. The suspect, who was shot and killed by police, was believed to be in Washington, D.C., during the lead-up to the Jan. 6, 2021, attack on the Capitol.

Klobuchar said this:

“[These are] the kind of things that result when you’ve got a president that attacks law enforcement and attacks the law. … I thought in the old days the Republican Party used to stand with law enforcement. … And I hope some of them do today because this kind of rhetoric is very dangerous to our country. These are career men and women that are simply doing their job.”

A new intelligence bulletin warned of a spike in threats to federal law enforcement following the Mar-a-Lago search, referencing the Cincinnati incident, multiple outlets reported.

On CBS’s “Face the Nation,” House Intelligence Committee Chairman Adam Schiff (D-Calif.) echoed Klobuchar’s concerns and said this:

“The reaction of many of my Republican colleagues and those around the former president to attack the FBI over this and endanger FBI agents is just another damaging level of irresponsibility,” Schiff told moderator Margaret Brennan.

Trump himself has repeatedly attacked the FBI since the search, also suggesting an unproven conspiracy that the agency was planting evidence to hurt him politically. … But others in the GOP pushed back against those attacks on Sunday even as they pressed for more information from the FBI and DOJ.

Republican Arkansas Gov. Asa Hutchinson on CNN’s “State of the Union” said this:

“The FBI is simply carrying out their responsibilities under the law, a lawful search warrant that a magistrate signed off on … “And they didn’t go in there with FBI raid jackets. … They tried to constrain their behavior carrying out that warrant. … If the GOP is going to be the party of supporting law enforcement, law enforcement includes the FBI.”

Hutchinson provided some defense of members of his party for criticizing the FBI, saying they “see the establishment is going after Donald Trump” and have unanswered questions, but he called on fellow Republicans to “stand with” law enforcement.

Republican Maryland Governor Larry Hogan separated himself from the heated rhetoric from some in the GOP and said this on ABC’s “This Week”:

“The one side is gonna say that this is just politically motivated and weaponization of the Justice Department, but … they have probable cause to come after him for things that could be really important.”

DEPARTMENT OF JUSTICE OPPOSES UNSEALING SEARCH WARRRANT AFFIDAVIT “TO PROTECT ONGOING INVESTIGATION”

“On Monday, August 15, Justice Department lawyers asked the judge who approved the search warrant to keep the accompanying affidavit under seal, citing a need to protect witnesses and the ongoing investigation. Federal prosecutors responded to inquiries from numerous news organizations to make the affidavit public arguing it should remain sealed “to protect the integrity of an ongoing law enforcement investigation that implicates national security.”

DOJ prosecutors said the affidavit contains highly sensitive information about witnesses, including witnesses interviewed by the government; specific investigative techniques; and information required by law to be kept under seal.” The affidavit contains the government’s reasonings for conducting the search of Trump’s home. Trump allies on Capitol Hill and elsewhere have been demanding  the Justice Department to unseal the affidavit.

“Disclosure at this juncture of the affidavit supporting probable cause would…cause significant and irreparable damage to this ongoing criminal investigation is what U.S. Attorney Juan Gonzalez and the Justice Department’s counterintelligence and export control chief, Jay Bratt, wrote in the court filing.

The link to edited quoted news source material is here:

https://www.nbcnews.com/politics/justice-department/justice-department-asks-judge-keep-trumps-search-warrant-affidavit-sea-rcna43223

THREATS MADE ON FBI

Trump, his political allies and conservative media have denounced the FBI and the search, even though it was approved by a federal judge. And they also have pushed Trump’s claims that he’s being targeted for political reasons.

There has been a significant uptick in threats to the FBI after it executed the search warrant prompting the agency to take serious security measures. Barriers have been erected outside the perimeter of the FBI headquarters in Washington, D.C., while the FBI and Department of Homeland Security (DHS) reportedly issued a joint bulletin warning about spikes in threats that included a bomb threat at FBI headquarters and calls for “civil war” and “armed rebellion.”

The bulletin issued by DHS and the FBI cited an incident in which a man armed with an AR-15-style rifle allegedly fired a nail gun into an FBI office in Cincinnati last week. He was fatally shot by police after a chase and standoff, according to Ohio State Highway Patrol.

On Monday, August 15, in an interview with Fox News, Trump himself said the temperature on the issue needed to come down, adding that he’d told aides to reach out to the Department of Justice to help. In the same interview, Trump directed his wrath at the Justice Department and suggested that his supporters’ anger was justified. Trump said that Americans are “not going to stand for another scam” and said that the FBI can “break into a president’s house” in a “sneak attack” and suggested that the FBI “could have planted anything they wanted” during the search.

https://thehill.com/policy/technology/3603160-spike-in-fbi-threats-unsettles-the-right/

https://www.npr.org/2022/08/15/1117553261/fbi-homeland-security-warn-about-threats-to-law-enforcement-after-trump-search

COMMENTARY AND ANALYSIS

It remains unclear whether the Justice Department will move forward with any indictment of Trump for espionage or if the warrant was simply a means to retrieve records Trump took from the White House that were highly classified and without any authorization. It is clear that he and the Republican Party believe he is above the law.

What is also clear is that the revelations from the search and the classified materials seized have open a major frontal attack that will benefit Democrats and increase the Democrats chances of holding onto congress at a time Republicans want to make Joe Biden’s job performance and inflation the main issues in the mid-terms. The search and the documents seized show how just dangerous it is if Trump returns to power. Republicans protect Trump no matter the cost, even when he places our national security at risk or for that matter attempts to overthrow the results of an election he lost by orchestrating the January 6 capital riot to stop the certification of the election.

Thus far absent from all reporting is any explanation or disclosures as to what the hell was former President Trump was doing with top secret classified documents in his home?. It’s disgusting that the Republican party defends Trump at all Cost. What’s very alarming are the threats on law enforcement that are occurring because of his encouragement. No one really knows but Trump what he was doing with 20 boxes of classified documents, what he did with top secrets and classified documents and who did he share them with and for what purpose.

The Affidavit that established probable cause for the search warrant should be released and will likely answer many questions as to what Trump did or was doing with the classified documents. Notwithstanding, the Justice Department has asked that the Affidavit not be unsealed in that to do so will jeopardize an ongoing investigation and no doubt place in harm’s way anyone who is identified in the affidavit who provided information on what Trump had and what he was doing with it.

City Council Passes On 6-3 Vote Moratorium On Safe Outdoor Spaces; Total Repeal Still Pending; Santa Barbara Martinez Town Neighborhood Association Appeals Dawn Legacy Pointe Granted Application For “Safe Outdoor Space”

On Monday, the Albuquerque City Council passed on a 6 to 3 vote a moratorium that bars the City Planning Department from accepting or approving any pending applications for Safe Outdoor Spaces. Under the legislation, a complete moratorium is in effect until August 1, 2023, unless the City Council enacts a separate bill removing them totally from the zoning code.

The vote was bipartisan. Voting YES for the moratorium where Republicans Brook Bassam Renee Grout, Trudy Jones, and Dan Lewis who were joined by Democrats Klarissa Peña and Louie Sanchez. Voting “NO” on the moratorium were Democrats Isaac Benton, Pat Davis and Tammy Fiebelcorn.

“Safe Outdoor Spaces” are organized, managed homeless encampments with 40 designated spaces for tents that allows for upwards of 50 people, require hand washing stations, toilets and showers, requires a management plan, 6 foot fencing and social services offered.

Before passing the moratorium legislation, the City Council amended the bill to ensure that the moratorium stopped the City Planning Department from approving any “pending” applications and to add language stopping the city from authorizing any “Safe Outdoor Space” on city property.

The prohibition to stop the city from authorizing “Safe Outdoor Spaces” on city own property was likely in reaction to the City Planning Department approving a Safe Outdoor Space Homeless campsite application made by Dawn Legacy Point to be located at 1250 Menaul Blvd, NE.

The tent encampment is to be located on two parcels of city own open space lots at 1250 Menaul, NE. The city sanctioned encampment is intended to provide accommodations for “sex-trafficking victims” and other vulnerable populations.

Still pending is before the city council is another resolution that will totally eliminate and prohibit “Safe Outdoor Spaces” from the Integrated Development Ordinance altogether. That legislation is still pending before a City Council Committee and will likely be voted upon by the full council within a month to 6 weeks.

OTHER APPLICATIONS, ONE APPEAL

According to the Planning Departments web site, the city has received a total of five applications thus far for Safe Outdoor Spaces. The link to the city web site listing the applications is here:

https://cabq.maps.arcgis.com/apps/dashboards/768cc1b5e4404fa1a28db56c2019ee71

On August 10, the City of Albuquerque approved the “Safe Outdoor Space” application filed by Dawn Legacy Point for a homeless encampment at 1250 Menaul Blvd, NE. However, on Monday, August 15, the Santa Barbara Martinez Town Neighborhood Association filed an appeal.

According to the city’s website, City Planning has denied 2 other applications and 2 others remain “under review”. Both pending applications propose using their properties for people to sleep in their cars.

One is from the nonprofit Heading Home. It is seeking to open a safe outdoor space for up to 12 vehicles and occupants outside its existing shelter at 715 Candelaria NE. The other pending application is from Bethlehem Baptist Church. The church wants to open its parking lot at 512 Wheeler SE for up to 40 vehicles and 50 total occupants.

DIVERSION OF FUNDING SOUGHT

It was Republican City Councilor Dan Lewis who sponsored an amendment to build on the moratorium. The amendment stops any Safe Outdoor Spaces that are still in process of being approved without a final certificate of occupancy from the city.

Lewis also sponsored legislation that will take funds that are already earmarked in the budget for Safe Outdoor Spaces and use them in other ways to help the homeless, including the Gateway Homeless Shelter. Lewis said this about the diversion of funds:

“The voters approved the Gateway Center and we’ve invested a good amount of money in that project, and so this will be money that will go toward the operations of that facility to again provide the services to the unsheltered that are desperately needed right now.”

The 2022-2023 approved city budget provides major funding to deal with the homeless. The enacted budget includes a total of $950,000 for safe outdoor spaces/encampments. The budget approved includes the following line-item funding:

“$750,000 for proposed “safe outdoor spaces”. … If approved by Council, will enable ultra-low barrier encampments to set up in vacant dirt lots across the City. There is an additional $200,000 for developing other sanctioned encampment programs.”

City voters also approved $500,000 for encampments as part of last fall’s $140 million bond package.

MAYOR KELLER’S OPTIONS

The moratorium does not take effect immediately. The City Council will forward the legislation to Mayor Tim Keller where he has 3 options: he can sign it within ten days, veto it or let the legislation take effect without question. The legislation passed on a 6 to 3 vote, meaning that if Keller veto’s it, the council has the necessary 6 votes to override his veto. If Keller signs the legislation or does nothing within 10 days, it can take effect on or before August 16. If and override of a Keller veto is necessary, the earliest moratorium would take effect would be September 8.

Links to quoted news sources are here:

https://www.abqjournal.com/2524799/council-oks-safe-outdoor-space-moratorium.html

https://www.kob.com/new-mexico/albuquerque-city-council-set-to-vote-on-safe-outdoor-spaces-moratorium/#:~:text=ALBUQUERQUE%2C%20N.M.,moratorium%20on%20the%20application%20process.

https://www.krqe.com/news/politics-government/city-council-votes-to-pause-future-safe-outdoor-spaces/

https://www.koat.com/article/albuquerque-city-council-safe-outdoor-spaces/40903628

HISTORY OF A FLIP FLOP

It was on June 6 that the City Council enacted a series of amendments updating the Integrated Development Ordinance (IDO). One of the amendments was the “Safe Outdoor Spaces.” The legislation passed on a 5 to 4 vote. Voting YESto allow Safe Outdoor Spaces were Democrats Isaac Benton, Pat Davis and Tammy Feibelcorn and Republicans Brook Basan and Trudy Jones. Voting NO were Republicans Dan Lewis, Renee Grout and Democrats Louis Sanchez and Klarissa Pena. Mayor Tim Keller signed off on the legislation making it law.

Under the enacted amendment, Safe Outdoor Spaces are allowed in some non-residential and mixed-use zones and must be at least 330 feet from zones with low-density residential development. Under the IDO amendment, Safe Outdoor Spaces are allowed for up to two years with a possible two-year extension.

After tremendous public outcry and objections to Safe Ourdoor Spaces, Republican City Councilor Brook Bassan, who had voted “YES”and previously voiced support for safe outdoor spaces, did an about face and changed her mind. On June 22, just a few weeks after helping pass the Safe Outdoor Space amendment, Bassan introduced legislation to repeal the IDO amendment and she introduced two bills. One bill introduced would stop the city from accepting or approving safe outdoor space applications and the other will eliminate “safe outdoor spaces” from the zoning code altogether.

Bassan issued an apology to her constituents saying after her initial support of Safe Outdoor Spaces she had serious doubts. She went so far as to saying that the city was not ready to implement them and that they would not provide the type of relief she initially hoped. Bassan said this:

“Even though many are in support of safe outdoor spaces, way more are saying they don’t want them. … [Going forward with them] doesn’t feel right.”

SANTA BARBARA MARTINEZ TOWN NEIGHBORHOOD ASSOCIATION APPEALS DAWN LEGACY POINTE APPLICATION FOR “SAFE OUTDOOR SPACE”

On July 30, Dawn Legacy Point filed the first application ever for a Safe Outdoor Space homeless encampment. The address of the homeless encampment site is 1250 Menaul Blvd, NE. It is an open space area that borders I-25. The open space land consists of two lots of more than 15 acres of land that are owned by the city of Albuquerque and have a combined assessed value of $4,333,500. Dawn Legacy Point will operat the city sanction encampment and be subsidized by the City. It is projected that the annual cost of operating the encampment the first year will be $150,000 to $180,000.

Kylea Good, the Board Chair of Dawn Legacy Point said the Safe Outdoor Space homeless encampment at 1205 Menaul will be for “sex-trafficking victims” and other vulnerable populations. Good went so far as to say it will likely be occupied by woman first and said:

“I wouldn’t be surprised if we maxxed out. The truth of the matter is it’s not like we’re looking at just one area. There’s a lot of [human] trafficking and exploitation that goes on around that area of Menaul.”

When the words “trafficking and exploitation” are used by Good, she is talking about woman who are victims of crime such as kidnapping or forced prostitution. She is saying that she wants to provide tents in city sanction encampments to woman who have already been victimized believing she is somehow acting compassionate when such woman need actual, compassionate treatment and permanent housing that is safe and secured and not living in a tent city.

Less than a half mile from the vacant land located at 1250 Menaul Blvd, NE and within walking distance from the property is Menaul School, a private boarding school for 6th to 12th graders. Directly across the street from the property is the T-Mobile Call Center and a Quality Inn & Suites. Going West on Menaul and one block from the property is Carrington College and two apartment complexes.

On August 8, the City Planning Department approved the application for a homeless campsite at 1250 Menaul, NE. The City Planning Department unilaterally reviewed the application behind closed doors with no notice to surrounding businesses or neighborhood associations, no public hearing and no public input. The application was “fast tracked” by the Planning Department to approve the application just 8 days before the City Council was scheduled to repeal the Safe Outdoor Spaces zoning use on August 16.

On Monday, August 15, Santa Barbara Martinez Town Neighborhood Association (SBMTNA) filed an appeal requesting the City Planning Department to reverse its decision and deny the Safe Outdoor Space application of Dawn Legacy for 1250 Menaul. Specifically, the neighborhood association want the City and the Planning Department to set aside and rescinded it approval and not allow any Safe Outdoor Space at 1205 Menaul, NE.

The major grounds for the appeal are:

1. The City Planning Department failed to follow City policies, procedures, and regulations required for the approval of the Safe Outdoor Spaces and applications for “special use” or “conditional use” zoning.

2. The city planning department “fast tracked” the Dawn Legacy application to approve the application just 8 days before the City Council could repeal the Safe Outdoor Space amendment on August 16 thereby acting in bad faith and to the determent of other property owners and businesses in the area.

3. The City of Albuquerque Planning Department unilaterally decided to review and grant the Dawn Legacy Point application behind closed doors without any public input, without notice to adjacent and surrounding property owners and without any public hearings.

4. The City of Albuquerque failed to notify the SBMTNA of the Safe Outdoor Space application filed by Dawn Legacy Pointe for 1250 Menaul NE and failed to allow input thereby denying the association due process.

5. The City Planning Department gave preferential treatment to the Dawn Legacy applicants by working with the applicants to identify city property to be used for a Saf Outdoor Space and with the City Family and Community Services Depart agreeing to fund operating costs, with both city deparments not affording other potential applicants the sam opportunity.

6. The city council failed to enact operating procedures for Safe Outdoor Space encampments and failed to provide direction to the City departments charged with approving or disapproving Safe Outdoor Spaces applications and has allowed approvals to be made without any kind of objective, standards-based decision-making process.

7. Dawn Legacy has submitted plagiarized operating procedures of a nonprofit unsanctioned encampment in another city and the City accepted those operating procedures.

8. The security plan offered Dawn Legacy Pointe and approved by the city for the homeless camp is defective and insufficient for the campsite to ensure safety of the tenants.

9. The City of Albuquerque Planning Department and the Solid Waste Department are knowingly allowing the establishment of a public nuisance in the form of a Safe Outdoor Space in the Martinez Town Santa Barbara Neighborhood. The Planning Departments actions are tantamount to the City allowing Coronado Park to become the city’s DeFacto city sanctioned homeless encampment in violation of the city’s own public nuisance law and city ordinances.

10. The City of Albuquerque Planning Department did nothing to provide processes for development decision of 1250 Menaul NE to ensure a balance of the interests of the City, property owners, residents, and developers and ensure opportunities for input by affected parties.

11. The operation and existence of a Safe Outdoor Space encampment at 1250 Menaul NE will have a determental impact on the Martinez Town Santa Barbara neighborhood, and will adversely affect property values and interfer with residence peaceful use and enjoyment of their residential properties.

12. The encampment as proposed for 1205 Menaul, NE will become a magnet for crime and prostitution, or illicit drug trade given that it is in close proximity to a truck stop known for prostitution and illicit drug activity amongst law enforcement. The location is directly across the street from a major call center and a Quality Inn & Suites and within walking distance of Menaul Boarding School and apartments. Occupants of the Safe Outdoor spaces are not confined and are free to go and come as they please and could easily wind up uninvited wherever they want to go, including the truck stop, and disrupt the peaceful use and enjoyment at any one of those locations or engage in illicit activity themselves.

Under the Intergrated Development Ordinance (IDO), appeals must be filed within 15 days from when an application is approved. On August 8 the City Planning Department approved the Dawn Legacy application, there for other property owners in the area have only until August 23, to file an appeal. The IDO also requires that within 30 days after an appeal is filed, a hearing must be held on the appeal. In the case of the Santa Barbara Martinez Town Neighborhood Association, the hearing must be held on or before September 14.

COMMENTARY AND ANALYSIS

DAWN LEGACY POINT APPLICATION

There is no getting around it. What Mayor Tim Keller’s Planning Department did in approving the Dawn Legacy application for a homeless encampment does not past the smell test. The approval of the Dawn Legacy Point application for a Safe Outdoor Space is as about as sneaky and underhanded as it gets for Mayor Tim Keller and his planning department to intentionally exclude the general public from participating in a land use planning and zoning process.

With Keller acquiescence, the City Planning Department approved a Safe Outdoor Space on city owned property valued at $4,333,500 to be operated by a third party and subsidized by the City to house women in tents who are victims of “trafficking and exploitation”. It is something that so called progressive Mayor Tim Keller should be absolutely ashamed of with the treatment of victims of “trafficking and exploitation” being encouraged to live in tents as a housing solution and exploited once again by denying them proper housing.

CITY COUNCIL MORITORIUM

Mayor Tim Keller’s office did not comment if he intends to veto the moratorium legislation. Notwithstanding, the Mayor’s spokeswoman Ava Montoya had harsh words for the city council’s moratorium and said this:

“We are reviewing the legislation but have been clear that the City needs access to every tool in order to address rising homelessness with an effective all-of-the-above approach. It is incredibly unhelpful for City Council to pass Safe Outdoor Space legislation and then waffling mere months later while the community is already working to establish them.

Montoya’s comments are a reflection of just how tone-deaf Mayor Keller and his administration really have become when it comes to the homeless and the demands of the public. The city council moratorium is a city council responding to the demands and needs of their districts after listening to their constituent’s, something Keller is not known for at all.

Mayor Tim Keller has lost a significant amount of credibility and public trust as he attempts to cram a political agenda down people’s throats. What Mayor Tim Keller has done is to cram Safe Outdoor Spaces down the throats of Albuquerque not realizing he is creating an even bigger problem. Mayor Tim Keller has mishandled the homeless crisis, including his closing of Coronado Park with him actually admitting he did so without a viable plan.

Mayor Tim Keller had the biggest hand in creating what he has called “the most dangerous place in the state of New Mexico” and creating the cesspool of crime known as Coronado Park. It was nauseating for Keller to deflect blame over what he created when he ordered closure of the park and said:

“This is the first step. We welcome everyone to help us problem-solve, but someone has to step up and make a decision. And that’s what people elected me to do.”

Absolutely no one elected Tim Keller to decide to allow a once beautiful and pristine park dedicated to public use to become a festering blight for over 4 years on the community and creating a cesspool of crime.

Simply put, Coronado Park is an embarrassment with the city violating its own ordinances and nuisance laws by allowing overnight camping and criminal conduct in the park thus creating a public nuisance both under state law and city ordinance. Coronado Park became the symbol of Keller’s failure as Mayor to deal with the homeless crisis and now he has to deal with a nuisance property he created.

Safe Outdoor Spaces and Coronado Park are Mayor Keller’s symbols and legacy of failure as the city deals its most vulnerable population, the homeless. If Keller had a lick of sense he would not veto the legislation and risk an enevitable override and simply allow the legislation to to effect. Keller needs to abandon his efforts to establish Safe Outdoor Spaces and acknowledge, as the council has, that there is very little public support for such homeless tent encampments.

The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed. Safe Outdoor Spaces are not the answer to the homeless crisis. The answer is to provide the support services, including food and permanant lodging, and mental health care needed to allow the homeless, and yes those who are the victims of human trafficking, 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’s efforts to manage the homeless through housing. If the City Council allows for “safe outdoor spaces” zoning, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.

First “Safe Outdoor Space” Approved; Councilor Fiebelkorn And Her City Paid Aide Gaslight Critics Of “Safe Outdoor Spaces”; Contact City Council And Demand They Vote No On August 15 To Repeal “Safe Outdoor Spaces”

It was on June 6 that the City Council enacted a series of amendments updating the Integrated Development Ordinance (IDO). One of the amendments was the “Safe Outdoor Spaces.” The legislation passed on a 5 to 4 vote. Voting YES to allow Safe Outdoor Spaces were Democrats Isaac Benton, Pat Davis and Tammy Feibelcorn and Republicans Brook Basan and Trudy Jones. Voting NO were Republicans Dan Lewis, Renee Grout and Democrats Louis Sanchez and Klarissa Pena. Mayor Tim Keller signed off on the legislation making it law.

“Safe Outdoor Spaces” are organized, managed homeless encampments with 40 designated spaces for tents that allows for 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 (IDO) sets a limit of two in each of the city’s 9 council districts. The cap does not apply to religious institutions.

After tremendous public outcry and objections to Safe Ourdoor Spaces, Republican City Councilor Brook Bassan, who had voted “YES” and previously voiced support for safe outdoor spaces, did an about face and changed her mind. On June 22, Bassan introduced two bills, one bill to stop the city from accepting or approving safe outdoor space applications and the other to eliminate “safe outdoor spaces” from the zoning code altogether.

During the June 22 meeting the council did not act on the 2 bills and failed to enact the legislation that was to provide for rules and regulations promulgated by the Keller Administration for “Safe Outdoor Spaces”. The city council’s failure on June 22 to take any action on either the bills stopping the application process or repealing the land use resolution resulted in “Safe Outdoor Spaces” becoming a permissible land use on July 28. Applications have been filed for the land use, with one approved by city planning behind closed doors on August 8 without notice to the public nor a public hearing.

FIRST “SAFE OUTDOOR SPACE” APPROVED

On August 10, the City of Albuquerque approved the first “safe outdoor space” for homeless camps. The address of the site is 1250 Menaul Blvd, NE and is an open space area that borders I-25. The applicants have said that encampment is intended to provide accommodations for “sex-trafficking victims” and other vulnerable populations.

On July 30, Dawn Legacy Point filed the first application ever for a Safe Outdoor Space homeless. On August 8, the City Planning Department approved the application for a homeless campsite at 1250 Menaul, NE. Dawn Legacy Point said the homeless encampment will provide accommodations for upwards of 50 woman who are homeless and who are “sex-trafficking victims” and other vulnerable populations.

The City Planning Department unilaterally reviewed the application behind closed doors with no notice to surrounding businesses or neighborhood associations, no public hearing and no public input. The application was “fast tracked” by the Planning Department to approve the application just 8 days before the City Council was scheduled to repeal the Safe Outdoor Spaces zoning use on August 16.

COMMENTARY AND ANALYSIS

There is no getting around it. What the Planning Department did does not pass the smell test. The application approval was as sneaky and underhanded as it gets. The planning Department decided it had the authority to simply grant the application before the City Council votes to repeal Safe Outdoor Spaces on August 15.

With acquiescence from Mayor Tim Keller, the Planning Department approved the Safe Outdoor Space on city owned property valued at $4,333,500 to be operated by Dawn Legacy Point and subsidized by the City to house women in tents who are victims of “trafficking and exploitation”. It is something that progressive Decorate Keller should be absolutely ashamed of with “trafficking and exploitation” victims being housed in tents as a housing solution thereby being exploited again by denying them proper housing.

What is being created at 1205 Menaul, NE is a location for victims to become victims once again. The actual location is troubling and has the potential of becoming a magnet for crime, prostitution or illicit drug trade. It’s located in close proximity to a truck stop known amongst law enforcement for prostitution and illicit drug activity. It’s directly across the street from a major call center, a motel suites and is walking distance of Menaul Boarding School and apartments.

Less than a half mile from the vacant land located at 1250 Menaul Blvd, NE and within walking distance from the property is Menaul School, a private boarding school for 6th to 12th graders. Directly across the street from the property is the T-Mobile Call Center and a Quality Inn & Suites. Going West on Menaul and one block from the property is Carrington College and two apartment complexes.

Occupants of the Safe Outdoor spaces are not confined and will be free to go and come as they please and could easily wind up as uninvited wherever they want to go. This includes the truck stop and disrupting the peaceful use and enjoyment at nearby locations or engaging in illicit activity.

Dawn Legacy Pointe board chair Kylea Good bragged that the approval represents years of “behind-the-scenes work” with the Keller Administration and others going along to get approval at the exclusion of the public. Why bother going public and being transparent when you can sneak around city hall with the Mayor’s support to get something you want and the general public be damned.

It’s repulsive and irresponsible when applicants Kylea Good and Brad Day proclaim that the Safe Outdoor Space encampment will be for “sex-trafficking victims”. When the words “trafficking and exploitation” are used, what is being talked about are woman who are victims of crime such as kidnapping or forced prostitution. They are saying that they want to provide tents in city sanction encampments to woman who have already been victimized believing they are somehow acting compassionate. Victimized women need actual, compassionate treatment and permanent housing that is safe and secured and not living in a tent city.

https://www.krqe.com/news/albuquerque-metro/albuquerque-approves-first-safe-outdoor-space-on-menaul-and-i-25/

FIEBELKORN AND AIDE GASLIGHT OPPOSTION ON “SAFE OUTDOOR SPACES”

Democrat City Councilor Tammy Fiebelkorn has told media outlets that she wholeheartedly supports Safe Outdoor Spaces. In June she told Channel 7:

“this is an opportunity for us to give [the homeless] a space that they can camp that’s not in our residential areas, in city parks, or on open space.”

https://www.koat.com/article/albuquerque-approves-safe-outdoor-space-homeless/40876329

https://www.krqe.com/news/albuquerque-metro/albuquerque-approves-first-safe-outdoor-space-on-menaul-and-i-25/

Fiebelkorn has never mentioned the need to provide other services to assist the homeless who are mentally ill and those who are drug addicted and only concentrates on where the homeless camp. What Democrat City Councilor Tammy Fiebelkorn and her paid city hall aide have done is to taken to viciously attacking and gaslight lighting vocal critics who oppose Safe Outdoor Spaces. Both have exhibited an astonishing level of arrogance and intolerance for anyone who may disagree with their political agenda.

NEW MEXICO SUN COVERAGE

On June 27, the on line news agency the New Mexico Sun published the following column entitled “Community organizer: City council aide ‘called me a Nazi’ written by staff reporter David Beasley:

“A policy aide to Albuquerque City Councilor Tammy Fiebelkorn accused a “housing first” advocate of wanting to throw the homeless into concentration camps.

In a recent phone call about Albuquerque’s acute homelessness problem, an aide to city council member Tammy Fiebelkorn essentially called long-time community organizer, activist and policy analyst Valere McFarland a Nazi who wants to “put the homeless into concentration camps,” McFarland said.

McFarland is requesting an apology from the aide, Laura Rummler.

According to McFarland, Rummler said during the phone call, “I know who you guys are. You want to put the homeless into concentration camps, away from the city, away from services, away from jobs,” McFarland wrote in an email to Fiebelkorn and other city officials.

“Ms. Rummler thus called me a Nazi,” McFarland wrote. “I demand a formal apology from Ms. Rummler. I do not take this statement lightly. She should not be in a position of interacting with the public. I believe she needs to be disciplined, if not outright terminated for the comment she made to me and the unprofessional way in which (she) spoke to me.”

According to the email, a copy of which was provided to the New Mexico Sun, McFarland placed a call to Fiebelkorn’s office Monday to follow up on a previous message encouraging the mayor and city council to suspend any consideration of zoning permit applications for the city’s tenuous plan for sanctioned homeless encampments across the city called “Safe Outdoor Spaces” (SOS).

With a doctorate in education policy studies, McFarland is an experienced public policy expert and civil rights activist. She has worked internationally as well as for many years in Hawaii and New Mexico where she joined and built coalitions to challenge and confront issues involving equity in education and environmental causes.

In Albuquerque, McFarland is an active member of Women Taking Back Our Neighborhoods (WTBON), a group founded in 2018 to inform the public and demand greater accountability from elected and other civic leaders for preventing crime on Central Avenue, in neighborhoods and in public parks. McFarland has also advocated for animal and environmental causes.

McFarland recently co-wrote an opinion piece published by the New Mexico Sun arguing that the city of Albuquerque should pursue a “housing first” approach to Albuquerque’s homelessness problems called The Campus Model.

The National Alliance to End Homelessness describes “housing first” as an approach prioritizing housing for people experiencing homelessness as well as emphasizing flexibility, support services and individual agency.

The New Mexico Sun previously reported that the city’s sanctioned encampments plan, first added to the Integrated Development Ordinance (IDO) albeit without budget and operational rules in place in early June, has faced citizen-led opposition. City councilors are now planning an Aug. 15 vote to remove the Safe Outdoor Spaces encampment scheme from the IDO.

Fiebelkorn represents Albuquerque’s District 7 including the mid-heights, uptown and parts of the near northeast heights. Elected to the city council in December 2021, Fiebelkorn is serving her first term on city council.

McFarland said an apology has not yet been issued from Fiebelkorn’s office for Rummler’s comments.”

The link to the New Mexico Sun Article is here:

https://newmexicosun.com/stories/629452870-community-organizer-city-council-aide-called-me-a-nazi

SECOND NEW MEXICO SUN ARTICLE

On August 4, the New Mexico Sun published a second article written by staff reporter T.H. Lawrence relating to the unprofessional conduct of City Council aide Laura Rummler. Following is the unedited article:

HEADLINE: “Albuquerque activist: Rummler’s conduct is deplorable and should not be tolerated from any city employee’

“An Albuquerque resident who spoke to City Council aide Laura Rummler in late July said she was dismayed by the way she was spoken to by the city employee.

However, another citizen, who has dealt with the city in the ongoing debate over homelessness, isn’t surprised by the ill treatment.

The New Mexico Sun recently reported that Rummler, who works in Councilor Tammy Fiebelkorn’s office, was dismissive and demeaning to policy expert Valere McFarland when McFarland called Fiebelkorn’s office July 25 to follow up on a previous message encouraging Mayor Tim Keller and the council. She asked them to suspend any consideration of zoning permit applications for the city’s tenuous plan for sanctioned homeless encampments across the city called “Safe Outdoor Spaces” (SOS).

McFarland detailed her thoughts in a May 12 memo to city officials.

“You can and should do better for what is the most beautiful city in the United States,” she wrote.

“Albuquerque is unmatched with its geographical beauty, location, perfect climate but, most of all, the generous hearts of its citizens. Why would you even consider such an unworkable from the get-go plan that threatens to harm the citizens who pay your salaries? Please slow down and consider plans that work.”

According to McFarland, Rummler said, “I know who you guys are. You want to put the homeless into concentration camps, away from the city, away from services, away from jobs.”

McFarland described the exchange in an email to Fiebelkorn and other city officials.

“Ms. Rummler thus called me a Nazi,” McFarland wrote. “I demand a formal apology from Ms. Rummler. I do not take this statement lightly. She should not be in a position of interacting with the public. I believe she needs to be disciplined, if not outright terminated for the comment she made to me and the unprofessional way in which [she] spoke to me.”

Colleen Aycock, an Albuquerque citizen advocate, said these kinds of comments are not acceptable.

“This conduct is deplorable and should not be tolerated from any city employee, much less one who represents a city councilor elected to serve by listening to all ideas, and acting in, the best interest of all citizens,” Aycock told the New Mexico Sun.

She said such remarks are not really a surprise.

“Laura Rummler previously worked as policy analyst for Councilor Don Harris, District 9, and that should say it,” Aycock said.

She is a founding member of Women Taking Back Our Neighborhoods, which has opposed city efforts to expand sanctioned homeless camps. McFarland, a former Albuquerque resident who said she plans to return to the city, also is a member.

The citizen activist group was formed in 2018 with an expressed goal of informing the public and demanding greater accountability from elected officials and civic leaders to prevent crime and keep communities safe. Aycock has been notably public about her concerns about homeless encampments where drug use and dealing were common.

The New Mexico Sun previously reported that the city’s sanctioned encampments plan, first added to the Integrated Development Ordinance (IDO) albeit without budget and operational rules in place in early June, has faced citizen-led opposition. Councilors are now planning an Aug. 15 vote to remove the Safe Outdoor Spaces encampment scheme from the IDO.

Harris served 16 years on the council before choosing not to run for another term in 2021. Critics said he was not fully involved in city business in his later years on the council, including missing meetings and departing when some were still in progress.

Aycock said while she has mostly dealt with Rummler via emails, and said they were mostly routine, she was surprised when Rummler tried to take the reins during a 2021 meeting in the Foothills district to discuss neighborhood concerns. Samantha Martinez, a crime prevention specialist based in the Albuquerque Police Department crime prevention specialist, organized a meeting for the Foothills Area Command.

Aycock said it was a packed meeting, with 125-130 people in attendance, including members of Women Taking Back Our Neighborhoods. Rummler appeared to be upset they were present, she said, and made an announcement.

“She said this meeting was solely for people wanting to start neighborhood associations,” Aycock said.

That caused several members of the WTBON to leave, but Aycock said she and some of the group stuck around. Someone asked Rummler why she was involved in a police meeting, wondering what her role was.

She explained what a policy analyst was and said she worked for Councilor Harris. That caused someone to say it appeared she soon would be out of work, since Harris was not seeking re-election.

There were some candidates for the district 9 seat present, and Rummler said perhaps one of them would hire her. Aycock said that seemed out of place at such a meeting.

“And it was more tacky than unprofessional,” she said.

Fiebelkorn represents Albuquerque’s District 7 including the Mid-Heights, Uptown and parts of the near Northeast Heights. She was elected to the City Council in December.

Neither Fiebelkorn nor Rummler responded to emails requesting comments.

https://newmexicosun.com/stories/629737330-albuquerque-activist-rummler-s-conduct-is-deplorable-and-should-not-be-tolerated-from-any-city-employee

FIEBELKORN MAKES SEXIST INSULT TO CONSTITUENT

On June 1, 2 and 3, a remarkable exchange of emails occurred between City Councilor Tammy Fiebelkorn, who has been in office for 6 months, and Pete Dinelli. The purpose of the contact by Dinelli was to request Fiebelkorn’s assistance in removal of a homeless 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 “Safe Outdoor Space” city sanctioned homeless encampments. Fiebelkorn went far as to make a remark that reveal that she is a sexist. Following is the email exchange:

EMAIL EXHCHANGES

Following is the series of email exchanges:

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

Hi Pete,
Thanks for reaching out. Have you reported this encampment to 311? If not, please do. As you probably know, the city has a decampment policy and process that begins with a report to 311. Please feel free to cc my office on that report so we can monitor progress and make sure the city process is working.
Thanks,
Tammy

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

Councilor Fiebelkorn:
Thank you for your email. I am disappointed that you told me I needed to call 311 when I was contacting you as my city councilor. I feel it was your responsibility to do something. Your staff could have sent 311 a request based on the information I sent. I do not need you to monitor anything because the work got done. …

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

Pete,
There is a process at the city to deal with these types of issues and I will always encourage people to use that process.
Tammy

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

Councilor Fiebelkorn:
You do not have to explain the process of 311 to me. My wife worked for 311 and she was the Senior Administrative Assistant for 10 years. I also took and handled referrals from 311 as Chief Public Safety Officer or Deputy City Attorney dealing with nuisance properties.

With all due respect, your emails are a brush off. Your constituents are allowed to contact you and not just 311 and ask and expect your help which is something you have yet to fully learn and understand.

Have a nice evening.

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

Pete,
I am fully aware of my role as City Councilor. Mansplaining of my responsibilities is not welcome or needed. I will continue to work to ensure that the city processes work for everyone – not just people who reach out me directly.
Tammy

Date: 6/2/2022 6:02:12 PM Mountain Standard Time
Subject: Your sexist offensive remark
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.

Date: 6/2/2022 6:46:27 PM Mountain Standard Time
Subject: Your sexist offensive remark
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

Date: 6/2/2022 10:41:17 PM Mountain Standard Time
Subject: Try asking them what they think
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.

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

Pete,

I have active dialogue with D7 constituents all the time and work with them on a variety of projects. When there is a problem that should be taken care of by basic city services, I ask them to use the city system to report the problem so that we can ensure that all city services are running properly. If they aren’t running properly, my office intervenes. If they do run properly, that’s great news all around.

In terms of upcoming legislation, that is obviously not a city service and I welcome all input from constituents. Overall, the community response to Safe Outdoor Spaces has been positive in our district. Of course, there are people like you who continue to say that they would be located in residential areas or city parks – which is blatantly false – so there is some education needed.

Tammy

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

Councilor Fiebelkorn:

“You are wrong when you say “the community response to Safe Outdoor Spaces has been positive in our district.” You obviously have not talked to those who live around Jerry Cline Park and those who post on Next Door.com who have been upset about the homeless encampments at the park, including those within the Mark Twain Neighborhood Association.

The only education needed here is that of you. 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. … . “

COMMENTARY AND ANALYSIS

Fiebelkorn has been in office a mere 6 months. The freshman city councilor and her city paid aide have exhibited a level of arrogance and hostility that is beyond comprehension towards anyone who oppose or question their actions. Both act in an unprofessional way when they speak to members of the public and constituents who they do not agree with their agenda.

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 Fiebelkorn is known for is talking to her progressive democrat supporters and animal rights supporters who tell her she is doing a great job. What she has done is ignore problems her district is confronted with, especially crime. When she ran for city council, a major plank of her platform was animal rights and the city’s high crime rates and public safety were essentially ignored.

FITTING IN AFTER 6 MONTHS

City Councilor Tammy Fiebelkorn has ostensibly trained her little minion Laura Rummler, who is paid upwards of $70,000 a year as a legislative analyst, to gaslight anyone who dares to take issue with Fiebelkorn and to brow beat concerned citizens

City Councilor Tammy Fiebelkorn is fitting in nicely by not being so nice 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.

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. Being an elected city councilor is the most difficult 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 and even help if you can.

The public and 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 nor to insults and gaslighting. Voters have the right to ask for help with a problem and not be told to follow “the process.” It’s called constituent services.

Private citizens have every right to question the job performance of any city councilor, their support staff and if any city council does do not like it, they have no business running and holding office. With any luck, Tammy Fiebelkorn will be a one term City Councilor and her Laura Rummler will be out of a city job.

A SEXIST CITY COUNCILLOR

One thing that is now known for certain is that Tammy Fiebelkorn is a sexist. She makes up her mind up in a vacuum without educating herself on what her constituents actually want. Her assistant Laura Rummler is even worse when she viciously attacks a member of the public that she disagrees with essentially calling that person NAZI and refusing to apologize. Rummler is a city employee, is not an elected official and her disrespect for McFarland was totally unacceptable meriting termination.

SAFE OUTDOOR SPACES A DISASTER FOR CITY

The homeless crisis will not be solved by the city, but it can and must be managed. Safe Outdoor Spaces represent a very temporary place to pitch a tent, relieve oneself, bathe and sleep at night with rules that will not likely be followed. Safe Outdoor Spaces are not the answer to the homeless crisis. The answer is to provide the support services, including food and permanent lodging, and mental health care needed to allow the homeless, and yes those who are the victims of human trafficking, 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’s efforts to manage the homeless through housing. If the City Council allows for “safe outdoor spaces” zoning, it will be a major setback for the city and its current policy of seeking permanent shelter and housing as the solution to the homeless crisis.

CONTACT CITY COUNCIL

On Monday, August 15, the Albuquerque City Council will be meeting and will be voting on repealing the Safe Outdoor Spaces amendment to the Integrated Development Ordinance. Voters and residents are urged to contact and voice their opinion and tell all city councilors to vote YES on the repeal of Safe Outdoor Spaces. Their phone numbers and email address are:

CITY COUNCIL PHONE: (505) 768-3100

CITY COUNCIL EMAILS

lesanchez@cabq.gov
louiesanchez@allstate.com
bmaceachen@cabq.gov,
ibenton@cabq.gov,
namolina@cabq.gov,
kpena@cabq.gov,
rmhernandez@cabq.gov,
bbassan@cabq.gov,
danlewis@cabq.gov,
galvarez@cabq.gov,
patdavis@cabq.gov,
seanforan@cabq.gov,
tfiebelkorn@cabq.gov,
lrummler@cabq.gov,
trudyjones@cabq.gov,
azizachavez@cabq.gov,
rgrout@cabq.gov,
rrmiller@cabq.gov,
LEWISABQ@GMAIL.COM,
nancymontano@cabq.gov,
cortega@cabq.gov
cmelendrez@cabq.gov

New Mexico Sun Dinelli Opinion Column: “Albuquerque’s Gibson Medical Center should be Homeless Hospital & Rehab Center”; Establish a Homeless Specialty Court

On August 9. 2022, the online news outlet New Mexico Sun published a Pete Dinelli guest opinion column entitled “Albuquerque’s Gibson Medical Center should be Homeless Hospital & Rehab Center”. Below is the column followed by the link:

HEADLINE: “Albuquerque’s Gibson Medical Center should be Homeless Hospital & Rehab Center”
By Pete Dinelli
Aug 9, 2022

The city has a moral obligation to help the homeless who suffer from mental illness and drug addiction. The highest and best use for the Gibson Medical Center facility is a hospital and a mental health facility. It’s a purpose for which it was originally built for and already allowed by zoning.

Each year the “Point in Time” (PIT) survey is conducted to determine how many people experience homelessness in Albuquerque and to learn about their specific needs. The 2021 PIT found 30.19% of the homeless self-reported as having a serious mental illness, 25.5% self-reported as substance abusers with a whopping 55.69% combined total.

On July 25, Mayor Tim Keller announced the complete closure of Coronado Park because of felony crime at the park. Closure will result in the displacement of upwards of 120 homeless. A large percentage suffer from mental illness and/or drug addiction. Not one will be housed in the Gateway Homeless Shelter planned for the Gibson Medical Center. The shelter is yet to be opened. It is mired in appeals to stop an overnight shelter. Many homeless refuse “shelter housing” offered by the city especially sheltering in the west side 24-7 facility which is a vacated jail facility.

The city can convert the Gibson Medical complex into a “Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center” and abandon its efforts to create a Gateway “overnight homeless” shelter. A Homeless Behavioral Health Hospital and Drug Rehabilitation Treatment Center will fill a void and provide a facility that is desperately needed to provide medical and mental health care to the homeless.

The Homeless Behavioral Health Hospital And Drug Rehabilitation Treatment Center needs to be staffed with full time physicians, counselors, social workers and mental health experts to provide the needed care to the homeless who are suffering from addiction or mental illness. Services and medical and mental health care at the center should be offered to the homeless with a “self-commitment” component for a period of time that will guarantee access to the necessary medical and mental health services. The Bernalillo County Commission should assist with funding from the behavioral health tax for the hospital. [The University Of New Mexico Hospital could operate the facility with its hospital licensing with a Memorandum of Understanding.]

There are two Bernalillo County Metropolitan “specialty courts” already in existence known as “Outreach Court”, formerly named Drug Court, and the “Veterans Court”. Both Courts deal in one form or another with the mentally ill and/ or the seriously drug addicted who are homeless providing support services. The courts place an emphasis on diversion programs, counseling programs, providing medical and mental health assistance and to some extent housing. Both courts involve to some extent the disposal of pending criminal charges without incarceration and instead probation.

Notwithstanding the courts, a greater emphasis must be made to get those homeless who are not in the criminal justice system the medical care and assistance they need to turn their lives around without criminal prosecution and warehousing in jails. Much more must be done to initiate civil mental commitment hearings to deal with the mentally ill and the drug addicted who pose a threat to themselves, their family and the general public.

Since the beginning of 2022 there have been issued 2,308 citations to the homeless and it has issued 614 trespassing notices with 3 trespassing stops revealing outstanding warrants. APD and the Albuquerque Community Safety Division that relies on social workers with outreach to the homeless can assume the responsibility to identify those homeless and drug addicted who are criminal offense repeat offenders.

Both the City Attorney and the Bernalillo County District Attorney must dedicate resources in the form of attorneys that will assume the filing of civil mental health commitment hearings as allowed by law. A program of cross deputization of City Attorney’s by the Bernalillo County District Attorney to allow them to file civil mental health commitment petitions in State District Court in misdemeanor and felony cases needs to be created. The New Mexico Public Defender must be called upon by the Courts to provide a defense where and when needed.

One single specialty court designated as the “Outreach, Veterans and Homeless Court” or OVH Court should be created. The Criminal Division of the State District Court should assign a District Court Judge do deal exclusively with mental health commitment hearings with the help of Metro Judges and the consolidation and the assistance of “Metro Court Outreach Court” and the “Metro Community Veterans” court under one court that is established in both Metro Court and State District Court using both court’s resources including courtrooms.

https://newmexicosun.com/stories/630049162-albuquerque-s-gibson-medical-center-should-be-homeless-hospital-rehab-center
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POSTSCRIPT

ABOUT THE NEW MEXICO SUN

The New Mexico Sun is part of the Sun Publishing group which is a nonprofit. The New Mexico Sun “mission statement” states in part:

“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. … The New Mexico Sun is non-partisan and fact-based, and we don’t maintain paywalls that lead to uneven information sharing. We don’t publish quotes from anonymous sources that lead to skepticism about our intentions, and we don’t bother our readers with annoying ads about products and services from non-locals that they will never buy. … Many New Mexico media outlets minimize or justify problematic issues based on the individuals involved or the power of their positions. Often reporters fail to ask hard questions, avoid making public officials uncomfortable, and then include only one side of a story. This approach doesn’t provide everything readers need to fully understand what is happening, why it matters, and how it will impact them or their families.”

The home page link to the New Mexico Sun is here:
https://newmexicosun.com/