Fix Is In To Fill NM House District 25 Vacancy; Cristine Parajón Changed Voter Registration Address Day After Vacancy Occurred; Politcal Movidas At The Worse As County Commissioner Barboa Recruits Parajón

On June 7, New Mexico State Representative Christine Trujillo announced her  resignation from the New Mexico House of Representatives District 25 effective July 1.  It is the responsibility of the Bernalillo County Commission to appoint her replacement to complete the remainder of her term.  The Bernalillo County  Commission will appoint a replacement from the  list of applied candidates at their Friday, August 11 meeting.

Seven candidates have applied to fill the vacancy.  The 7 seven applicants are:

You can review each applicants letter of application and resume by clicking on each of the candidate names above.

The Bernalillo County Commission staff has confirmed that all 7 applicants are in fact registered voters in House District 7 and reside in the district and therefor are eligible to serve if in fact appointed.

FORUM AND STRAW VOTE

On August 2, the House District 25 Democrat Ward and Precinct leadership of Wards 25A, 25B, 25C, and 25D  held  a moderated, in-person candidate forum where  the  Democratic candidates were  allowed to participate in a candidate forum. The Republican candidate was not invited in that it was a Democratic Party event. County Commissioners Adriann Barboa and Eric Olivas attended the forum and were introduced despite the fact they will be voting on August 11 to fill the vacancy.

On August 8, the Democratic Party of Bernalillo County published on its on line weekly news letter “THE BLUE REVIEW” a straw vote taken of those who attended the forum to be used as a recommendation of who the County Commission should appoint.  The summary of the rank based voting is as follows:

  1. Cristina S. Parajón came in first with 52 votes and the clear majority
  2. Sofia M. Sanchez came in second with 23 votes
  3. Sofia M. Sanchez and Derek James Villa-nueva tied  for 3rd with 20 votes each
  4. Brian A. Thomas came in 4th place with 17 votes
  5. Robert L. Padilla came in 5th placewith  18 votes
  6. Andres P. Valdez came in 6th with 19 votes

CANDIDATE RECRUITED BY COMMISSIONER

The current makeup of the current Bernalillo County Commission is as follows:

District 1:  Progressive Democrat Barbara Baca, Commission Chair

District 2:  Moderate Democrat Steven Michael Quezada

District 3:  Progressive Democrat Adriann Barboa

District 4:  Conservative Republican Walt Benson 

District 5:  Progressive Democrat Eric Olivas

The legal and constitutional process of filling vacancies in the New Mexico legislature caused by the early departure of a legislator has always rested with the County Commission where the legislators district is located.  On paper, it is pretty straight forward process.  There are 5 county commissioners and the applicant who  secures a 3 vote majority wins, period, end of discussion.

Appointments to legislative vacancies can be very messy because of political rifts.There currently exists a politcal rift between the 3 Progressive Democrats of Barbara Baca, Adriane Barboa and Eric Olivas who have the majority over Moderate Democrat Stephen Michael Quesada and Conservative Republican Walt Benson.

The last time the Bernalillo County Commission filled a legislative vacancy was last year  when Westside Albuquerque Rep. Antonio “Moe” Maestas was appointed by the County Commission to serve the remaining 2 years in the New Mexico Senate caused by the resignation of Senator Jacob Candelaria. The November 16 County Commission meeting making the Maestas appointment degenerated into a verbal slug fest of false accusations, innuendos and slurs with one commissioner even calling another commissioner a “bitch”.

It has been confirmed by sources that the desires of the county commissioners whose district the vacancy falls within, which in this case is both Barboa and Olivas, will be given much greater consideration and relied upon. Therefore it will be the progressive majority of Commissioners Baca, Barboa and Olivas who will decide to fill the vacancy giving very little or no consideration to what is said by the other two commissioners.

Based on the Democratic Party straw vote taken, as well as behind the scenes actions of at least two county commissioners, the clear front runner for the County Commission appointment for House District 25 is Cristina Parajón.  Three confidential sources within the Democratic Party, including one Ward chair, have confirmed Progressive Democrat Adriann Barboa recruited Progressive Democrat Cristina S. Parajón to apply for  the  House District 25 vacancy. One confidential source also said Barboa initially wanted Parajón to run for City Council District 6.

Commission Eric Olivas, despite assurances to the contrary that he has not made up his mind who he will vote for, has disclosed to confidential sources he intends to vote for whoever Commissioner Barboa wants which at this point Cristine S. Parajón who Barboa recruited to run.

PARAJÓN VOTER REGISTRATION CARDS REVEAL MOVE INTO DISTRICT MADE DAY AFTER TRUJILLO VACANCY  

It was on June 7 that  New Mexico State Representative Christine Trujillo announced her  resignation from the New Mexico House of Representatives, District 25 effective July 1. Review of Cristine S. Parajón’s  voter registration cards reveals that she had lived in the district a mere 22 days before applications were  being  accepted on June 30, 2023 by the Bernalillo County Commission to fill the vacancy.

There are 3 voter registration cards on file with the Bernalillo County Clerk’s Office. All 3 merit  review to clear up confusion.

The first voter registration card is dated and signed by Parajón on November 4, 2022. The registration card gives a Broadmoor street address that is not within the House District 25.

The second  Parajón  voter registration card was signed on June 8, 2023 the next day after the Trujillo resignation, making the change in her address for voting purposes and determining the House District where she resides. The new registration card provides a home address on Chinlee Street which is in House District 25. The registration card gives the Broadmoor Avenue Street address where she gets mail.

The  Parajón’s Broadmoor address did cause confusion with the Democratic Party and the Bernalillo County Commission staff who reviewed the DNC VOTEBUIDER data base and county voter registration records respectively that initially determine that  Cristine S. Parajón was  registered at the Broadmoor home address not within District 25.

The second voter registration card  also contains information worth noting. It indicates she lived and was registered to vote in another state before she moved back to Albuquerque. The second voter registration card provides that she gave authorization to cancel her previous voter registration in the city of Cambridge, the County of Middlesex in the State of Massachusetts.  Parajón  is a graduate  of Harvard University, which is located in Cambridge, Mass.,  and ostensibly she registered to vote in Massachusetts while she attended college preferring not to vote absentee in New Mexico.

The third Parajón  voter registration card is dated July 1, 2023. It gives a Chinlee Street address where she lives and the same Chinlee Street address where she gets mail.

During the August 2 forum, Cristine S. Parajón proudly proclaimed she was raised in the House District 25 by her parents in the Altura neighborhood area. But that is far from full disclosure. What she failed to disclose is that she left for a considerable amount of time to go to college at Harvard University and then went to work in New York City to then return to work for the City of Albuquerque. Upon her return to Albuquerque, she did not live in District 25, that is until she was recruited apply for and run for House District 25.   

COMMENTARY AND ANALYSIS

On August 11 the Bernalillo County Commission will make the final decision as to who they will select to replace State Representative Christine Trujillo.  The problem is that the fix is already in despite all the the efforts of the other applications and efforts  by others.

What has happened with the application process by the Bernalillo County Commission in filling this most recent legislative vacancy is so very wrong on a number of levels.

First, you have 3 County Commissions who could not careless what two of their peers think or have to say and essentially collude behind the scenes.

Second,  you have a County Commissioner go out of her way to recruit her own candidate and act like a king maker giving no consideration to what residents in the District want and need.

Third, you have a number of even more qualified people who have actually lived in the district much longer and who know its problems and who  jumped through the hoops, apply and even participate in good faith in a forum, not realizing that the fix is in thanks to 3 county commissioners.

Fourth, you have an opportunistic politician and applicant go out of her way to move into a district she has not lived in for years and who likely does not really understand the real issues facing the district.

This is the type of “politcal movidas” that destroy the credibility of politicians. It discourages qualified applicants from even applying. This is the very type of politics that gives the County Commission the bad name it has with the filling of legislative vacancies.  It also encourages County Commissioners and their appointees to being “primaried” as the seek their own elections in 2024 with Adriann Barboa in particular seeking a second term.

 

August 2 Bernco Democratic Party Forum To  Fill NM House District 25 Vacancy; Results Of Rank Choice, Non Binding Vote;  Leading Candidate Recruited To Run And As State Employee Cannot Hold Political Office; Two Ethically Challenge County Commissioners Barboa And Olivas

On June 7, New Mexico State Representative Christine Trujillo announced her  resignation from the New Mexico House of Representatives District 25 effective July 1.  It is the responsibility of the Bernalillo County Commission to appoint her replacement to complete the remainder of her term.  The Bernalillo County Commission will appoint a replacement from the  list of applied candidates at their Friday, August 11 meeting at 10 am. The meeting will take place in the Ken Sanchez Commission Chambers at BernCo @ Alvarado Square, 415 Silver Ave SW.

https://www.bernco.gov/blog/2023/06/30/bernco-commission-seeks-applications-to-fill-new-mexico-house-district-25-seat/

Seven candidates have applied to fill the vacancy.  The 7 seven applicants are:

You can review each applicants letter of application and resume by clicking on each of the candidate names above.

EDITOR’S NOTE: In the interest of full disclosure, Pete Dinelli intended to apply for the vacancy but decided against it preferring to continue with retirement and publication of www.PeteDinelli.com as a Democrat activist and having other priorities in life without political drama.

AUGUST 2 CANDIDATE FORUM

On August 2, the House District 25 Democrat Ward and Precinct leadership of Wards 25A, 25B, 25C, and 25D  held  a moderated, in-person candidate forum where  the  Democratic candidates were  allowed to participate in a candidate forum. Many Democratic party officials’ believe there was a need for the party to be involved with the selection process and to at least voice their opinions by conducting a vote to make a recommendation to the County Commission as to who they should appoint.

It’s no secret  that the reason why there was  a candidate forum on August 2  is because of just how messy and divisive the last appointment was when Westside Albuquerque Rep. Antonio “Moe” Maestas was appointed by the County Commission to serve the remaining 2 years in the New Mexico Senate  caused by the resignation of Senator Jacob Candelaria. The November 16 County Commission meeting making the Maestas appointment degenerated into a verbal slug fest of false accusations, innuendos and slurs with one commissioner even calling another commissioner a “bitch”.

BLUE REVIEW REPORT OF AUGUST 2 FORUM

On August 8, the Democratic Party of Bernalillo County published in its on line weekly news letter THE BLUE REVIEW the following report on the August 2 forum:

“There were no vacancies in the room at the Albuquerque Teachers’ Federation (ATF) meeting room on August 2, when Democrats got together for a party-sponsored applicant forum for those who had applied to fill the vacancy left by much-lauded State Representative Christine Trujillo in House District 25. 80 attendees filled the space, despite the lack of working air conditioning, including the U.S. House Representative for NM-01, Melanie Stansbury.

It was the first time that the Democratic Party of Bernalillo County had sponsored such a forum. Multiple county party officers were there, making sure all went smoothly. John Dyrcz, ATF’s state affiliate political organizer, led off the meeting, welcoming all the attendees to the union’s space. Rayellen Smith, chair of Albuquerque Indivisible, was the unflappable emcee, reading and repeating questions for the six Democrats applying to hold the HD25 position through the 2024 election. The sole Republican applicant did not attend. Two county commissioners, Eric Olivas and Adriann Barboa, were attentive observers.

Every seat in the room was filled as the candidates in turn gave opening remarks; some latecomers were standing in the back of the room. Four candidates had earlier submitted biographical sketches to the Blue Review: Robert Padilla, Cristina Parajón, and Sofia Sanchez in the July 25 issue and Brian Thomas in the August 1 issue

 The other two Democrats, Andres Valdez and Derek Villanueva, were able to state their credentials succinctly. Brevity was necessary because the applicants had to adhere to a strict timetable, smilingly administered by Ms. Smith, to allow all six to give two-minute opening and closing statements and one-minute responses to the nine questions she posed. And, remarkably, they did comply; there were no time-constraint confrontations among the applicants.

Candidates varied in their approach: one, Cristina Parajón, emphasized her youth and the need for Generation Z representation in the Legislature, determining their own presence and future. At the opposite extreme, another, Andres Valdez, emphasized his 38-year experience affecting legislation. All spoke fondly of their community (District 25 is roughly bounded by Lomas to the south, Carlisle to the west, Louisiana to the east, and Montgomery to the north) and their commitment to the district’s needs. One of the questions dealt with how the $2.86 million federal infrastructure allotment to New Mexico can help serve the community.

 Most spoke strongly in favor of unions, gun control (and the enforcement of gun control laws already in place!), and doing something about crime and homelessness. Candidate Valdes emphasized that he felt “we are in a state of crisis,” and not just the climate crisis that all of them addressed. All felt the legislature should do more to stem the outflow and increase the supply of teachers and medical care providers, although they differed somewhat on the needed strategies. Each had suggestions as to how to deal with the dangers of right-wing extremists, and all opposed book banning. Each supported means of dealing with homelessness, some with support for building more affordable housing, some with making housing vouchers widely available. All would act to protect New Mexico’s environment and would work for clean energy to help move the state away from its current reliance on fossil fuel revenue.

Over 100 Democrats in the district register to vote and rank these candidates in a non-binding election. DPBC will present the full tally of the rankings to the county commission before the commission’s August 11 decision to appoint one of the seven applicants for Christine Trujillo’s seat. 

If a proof of concept was needed for such a democratic process, it was provided resoundingly by this ground-breaking, highly-successful event. May the best person win, and may DPBC consider setting up similar forums when other vacancies in our all-important representation in Santa Fe come up again.”

NON-BINDING ELECTION RESULTS

After the forum, the Democratic Party of Bernalillo County (DPBC) facilitated an online election for registered Democrats living in HD25. The election was ranked-choice, with voters able to rank all the candidates according to their preferences from 1 through 6. Only registered Democrats  residing in HD25  were sent a ballot.

On Monday, August 7, DPBC officers and representatives from HD25 Ward and Precinct leadership gathered and tallied  the results of the non-binding, ranked-choice vote to fill the HD25 vacancy. This final results of the vote was presented to the Bernalillo County Board of Commissioners. There were a total of 105  ballots cast from HD25 Democrats with 1 duplicate ballot not counted.

Four ballots were spoiled and not counted due to giving more than one candidate the same ranking.

The following results were tabulated for the votes 1 through 6

1st Place Votes

Cristina S. Parajón received the most 1st place votes for a total of 52, followed by Sofia M. Sanchez with 28 votes, followed by Derek James Villa-nueva with 10 votes, followed by Brian Thomas with 7 votes, followed by Robert Padilla and Andres Valdez tied with 1 vote each.

 2nd Place Votes

Sofia M. Sanchez received the most 2nd place votes for a total of 23 votes, followed by  Cristina S. Parajón with  16 votes, followed by Derek James Villa-nueva with  13 votes followed by Brian A. Thomas with 10 votes  followed by Robert L. Padilla with  8 votes  followed by Andres P. Valdez with  1 vote.

3rd Place Votes

Sofia M. Sanchez and  Derek James Villa-nueva  recieved the most 3rd place votes tied each with 20 votes followed by Brian A. Thomas with  9 votes, followed Robert L. Padilla with  8 votes followed by Cristina S. Parajón and  Andres P. Valdez  tied  with 5 votes each.

4th Place Votes

Brian A. Thomas received the most 4th place votes with 17 votes, followed by  Robert L. Padilla with 9 votes, followed by  Derek James Villa-nueva with 8 votes, followed by Andres P. Valdez with 7 votes, followed by Cristina S. Parajón and  Sofia M. Sanchez tied each with 3 votes.

5th Place Votes

Robert L. Padilla received the most 5th place votes with  18 votes, followed by  Andres P. Valdez with 8 votes, followed by  Brian A. Thomas with  7 votes followed by Derek James Villa-nueva with  6 votes followed by Cristina S. Parajón  and Sofia M. Sanchez tied with 1vote each.

 6th Place Votes

Andres P. Valdez recieved the most 6th place votes with 19 votes, followed by  Robert L. Padilla with 7 votes, followed by  Brian A. Thomas with 5 votes followed by Sofia M. Sanchez and Derek James Villa-nueva tied with  3 votes, followed by  Cristina S. Parajón with 2 votes.

The summary of the forgoing rank based voting is  as follows

  1. Cristina S. Parajón came in first with 52 votes and the clear majority
  2. Sofia M. Sanchez came in second with 23 votes
  3. Sofia M. Sanchez and Derek James Villa-nueva tied  for 3rd with 20 votes each
  4. Brian A. Thomas came in 4th place with 17 votes
  5. Robert L. Padilla came in 5th placewith  18 votes
  6. Andres P. Valdez came in 6th with 19 votes

COMMENTARY AND ANALYSIS

It is highly commendable that House District 25 Democrat Ward and Precinct leadership of Wards 25A, 25B, 25C, and 25D held and  moderated an in-person candidate forum for the applicants.  It is clearly necessary to allow the Democrat Party to have input on the process and to voice their preference. What was  also commendable is that the meeting was  open to the public and the Bernalillo County Democratic Party  thereby made  accommodations for neighborhood association participation and other private citizens to attend who wanted  to merely listen to the candidates and become informed.

POLITICAL RIFT

To be perfectly blunt, the commendable and good faith efforts of the Bernalillo County Democratic party to become involved with the selection process by making  a recommendation as to who the county commission should appoint was essentially high jacked by the backroom antics of progressive Democrats Adriann Barboa and Eric Olivas with both revealing themselves to be ethically challenged.

The current makeup of the current Bernalillo County Commission is as follows:

District 1: Progressive Democrat Barbara Baca, Commission Chair

District 2:  Moderate Democrat Steven Michael Quezada

District 3: Progressive Democrat Adriann Barboa

Disrtrict 4:  Conservative Republican Walt Benson 

District 5: Progressive Democrat Eric Olivas

The legal and constitutional process of filling vacancies in the New Mexico legislature caused by the early departure of a legislator has always rested with the County Commission where the legislators district is located.  On paper, it is pretty straight forward process.  There are 5 county commissioners and the applicant who  secures a 3 vote majority wins, period, end of discussion.

In practice, the process of filling a legislative vacancy is always a very messy process, especially when there are philosophical rifts within the same party that has the majority of the votes on the commission. Such is the current makeup of the Bernalillo County Commission which is comprised of 4 Democrats and 1 Republican.

There currently exists a politcal rift  between the 3 Progressive Democrats of Barbara Baca, Adriane Barboa and Eric Olivas who have the majority over Moderate Democrat Stephen Michael Quesada and Conservative Republican Walt Benson.  It has been confirmed by sources that the desires of the county commissioners whose district the vacancy falls within, which in this case is both Barboa and Olivas, will be given much greater consideration and relied upon.  It will be the progressive majority of Commissioners Baca, Barboa and Olivas who will decide to fill the vacancy giving very little or no consideration to what is said by the other two commissioners. Sadly, such is the reality of politics. gg

APPEARANCE OF IMPROPRIETY

Three or more of the 5 county commissioners were strictly prohibited by law from attending the August 2 Democrat forum together all at once because it would constitute a quorum of the commission and be a violation of New Mexico’s Open meetings act. https://www.nmag.gov/wp-content/uploads/2021/11/Open-Meetings-Act-Compliance-Guide-2015.pdf  Notwithstanding, County Commissioners Adriane Barboa and Eric Olivas attended the forum and were introduced at the beginning of the event.

The BCDP did not announce if all 5 commissioners were invited nor did Barboa nor Olivas disclose to what extent they had conferred with the other 3 commissioners to avoid a quorum and to what extent they would report back to the other commissioners on what was said by the applicants.  For the record, both progressive Democrat Barbara Baca, District 2 and moderate Democrat Steven Michael Quezada confirmed by phone to this author they would not attend the forum meeting raising concerns about propriety.

Simply put, Barboa and Olivas should not have attended the meeting because it created an appearance of impropriety and undue influence.  Both placed themselves in a compromising position for the public to demand if they were there  to support a candidate of their choice before the candidates were interviewed by the County Commission as a whole on August 11.  County Commissioner’s deliberations should be a matter of public record with them conducting interviews and asking questions of the applicants during a public meeting of the 5 member Bernalillo County  Commission.

FRONT RUNNER RECRUITED 

Based on the Democratic Party straw vote taken, there are two very clear front runners that have commanding leads over the other 5 applicants and both candidacies are problematic. Those individuals are:

CRISTINE S. PARAJÓN

Cristine S. Parajón, age 27, is a Harvard graduate with a Masters in Business and Economics. From July 23 to the present, she has been the Director of Strategy for the New Mexico Human Services Department. From September 2021 to May 2023, she was with the City of Albuquerque Gateway Homeless Shelter as the Gateway Administrator. From Sep 2020 to Sept 2021, she was a consultant in New York City.  From August, 2019 to April, 2020, she was a special projects coordinator for the UNM Office of Community Health and from April 2020, to September 2020 a Deputy Incident Commander with the City of Albuquerque Emergency Operations Center.

It is clear that Cristine S. Parajón  is the front runner for the County Commission Appointment. Three confidential sources within the Democratic Party, including one Ward chair, have confirmed Progressive Democrat Adriann Barboa recruited Progressive Democrat Cristina S. Paragon to apply for the House District 25 vacancy. One confidential source also said Barboa initially wanted Parajón to run for City Council District 6.  County Commissioner Eric Olivas, despite assurances to the contrary that he has not made up his mind, has also disclosed to confidential sources he intends to vote for whoever Commissioner Barboa wants which at this point is Cristine S. Parajón who Barboa recruited to run.

New Mexico statutory law is clear that no state employee can  hold political elective office except for a non-partisan county or municipal office. The statute is Section 10-9-1 NMSA, 1978.  (https://law.justia.com/codes/new-mexico/2021/chapter-10/article-9/section-10-9-21/)  Parajon needs to answer the question if she will voluntarily resign her employment with the State of New Mexico Human Services Department if she is appointed to fill the vacancy, a disclosure she was not asked about at the August 2 forum.

SOFIA  SANCHEZ

Sofia Sanchez is the Deputy Chief of Staff for United States Representative Melanie Stansbury since June 2022. From November 2018 to June 2022, she was the Deputy District Director for then United State Representative Debra Haaland who is now the Secretary of the Department of Interior.  Sanchez has received the endorsements of US Representative Melanie Stansbury  and the endorsement from Representative Christine Tujillo who she is seeking to replace.

Two issues that Sanchez needs to address is if she becomes a New Mexico State Representative does she intend to resign from employment with US Representative Melanie Stansbury or take a leave of absence during the legislative session and how she will resolve conflicts of policy with US Representative Stansbury. In otherwards, how much influence will Congresswoman Stansbury have over Sanchez’s votes in the New Mexico House of Representatives should she be appointed?

FINAL COMMENTARY

On August 11 the Bernalillo County Commission will make the final decision as to who they will select to replace State Repetitive Christine Trujillo. The problem is that the fix appears to be in despite all the applications and efforts made by others. This is the type of politcal movida that destroys the credibility of politicians and discourages qualified applicants from even applying.

Until then, the Bernalillo County Commission staff need to do their due diligence and determine who is actually qualified to be appointed and if the applicants meet the minimum requirements.

In the interest of full disclosure and transparency, both Commissioners Adriann Barboa and Eric Olivas should  make full disclosure on August 11 to all other County Commissioners of any and all involvement with recruiting the engaged in for candidates they wanted to fill the position. Such disclosure is the only decent thing to do out of respect to the other applicants.

Mayor Tim Keller’s Road of Good Intentions To Gateway Homeless Shelter Paved With Ineptness; Keller Announces 2 More Years Of Delays On Shelter Before Fully Operational; NAIOP Influence Over Mayor Keller Unmistakable

On July 25, 2023 Mayor Tim Keller appeared before a luncheon of the local chapter of the National Association of Industrial and Office Parks (NAIOP).  During the luncheon, Keller announced to NAIOP that some parts of the Gateway Center are open.  Keller went on to announce it will be at least two more years until the Gateway Homeless Shelter is fully operational. Keller told the group this:

“Look, it’s a little delayed because of asbestos. Before that it was delayed because of zoning. You all know how that works [being developers], but we are doing this.”

According to Keller, the City has now broken up the center’s opening into phases by addressing one service at a time. For example, a housing navigation center, a first responder drop-off and a sobering center are e phases.

Other services like mental health care and overnight shelters will take even longer to open than originally planned. Keller said this

“My goal is, in the next two years to have all those phases open. It’s gonna be a heavy lift, but we have to do this for Albuquerque”.

https://www.kob.com/new-mexico/mayor-keller-talks-public-safety-plans-new-stadium-and-gateway-center-timeline/

City spokesperson Chris Chaffin said two parts of the Gateway Center should be completed this summer and they are the Housing Navigation Center and the Engagement Center. According to Chaffin, the Engagement Center started some operations in January. Eventually, people staying at the shelter will be able to get their hair cut, secure a ride to the clothing bank and get job training all in the same place.

Additional services like case management and job training are being planned. The Housing Navigation Center will include overnight beds for women and additional services to secure stable housing.  Chaffin said the certificate of occupancy has not yet been issues but is imminent. No opening date has been given.

https://www.abqjournal.com/news/despite-delays-city-aims-to-open-two-parts-of-gateway-center-this-summer/article_243bdd74-2bf6-11ee-9760-130f91496589.html

GATEWAY SHELTER COSTS AND OTHER EXPENDITURES

According to the Keller Administration, construction cost on the Gateway Homeless Shelter is $7 million which is upwards $340 a square foot. Next on the construction timeline is a receiving area for first responders and Albuquerque Community Safety employees followed by a medical sobering center and a “medical respite” center.

The current construction costs of $7 Million are in addition to the $15 million building purchase in 2021 and $1 million per year contract with Heading Home, the homeless service provider that operates the center, putting the current price tag at $23 million.

Over the past two fiscal years, the Keller Administration has spent $33,854,536 for homeless emergency shelters, support, mental health and substance abuse programs and $60,790,321 for affordable housing programs for the low-income, near homeless.  It has also spent funding for two 24/7 homeless shelters, including purchasing the Gibson Medical Center for $15 million to convert it into a homeless shelter. The Family and Community Services approved 2023-2024 budget lists forty-five (45) separate affordable housing contracts totaling $39,580,738, fifteen (15) separate emergency shelter contracts totaling $5,575,690, and twenty seven (27) separate homeless support service contracts totaling $5,104,938 for a total of $50,261,366

GATEWAY SHELTER OCCUPANCY

Over this past winter, but cause of harsh weather conditions, emergency overnight beds were opened to all genders due to the weather with nearly 100 men staying in the facility. Currently, overnight beds are only available for women at the Gateway Shelter.

Since January of this year, a total of 93 women have stayed in the overnight beds at the Gateway shelter. Currently, 35 women are staying in the Gateway shelter, using beds separated by cubicle-like dividers at the shelter. Rubbery sheets, studded with magnets, can be affixed to metal strips to add additional privacy. Like the Westside Emergency Housing Center, the Gateway Center is open to pets as well as people. According to city officials, allowing pets lowers barriers to entry.

One hundred beds are available at the Gateway Center. However, people are not able to walk in and access services.  A referral from another social service provider is required and then the person must go through a screening process. Although sobriety isn’t a requirement to enter the facility, drug use is prohibited on the premises.

City officials say that although one or two night stays are expected, the goal is for people to have longer stays and to take advantage of the housing and job training resources before eventually moving into permanent housing.

Family and Community Service Director Carol Pierce said the goal is to move residents of the shelter into permanent housing within 90 days. Pierce wasn’t sure how many women of the 93 have moved to permanent housing, but noted that the 90-day program hasn’t been fully implemented.

Links to quoted news sources are:

https://www.abqjournal.com/news/despite-delays-city-aims-to-open-two-parts-of-gateway-center-this-summer/article_243bdd74-2bf6-11ee-9760-130f91496589.html

https://www.abqjournal.com/news/gateway-center-feels-like-home-for-the-homeless/article_6a0ed4c0-324d-11ee-b2ab-df4211762646.html

KELLER’S ROAD TO GATEWAY 

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 order to convert it into a 24-7 homeless shelter. 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 housing the 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 for a 24/7 homeless shelter.  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.

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.

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

Since being sworn in as Mayor the first time on December 1, 2017, Mayor Tim Keller made it known that building a city operated homeless shelter was his top priority. Keller deemed that a 24-hour, 7 day a week temporarily shelter for the homeless critical towards reducing the number of homeless in the city. Keller’s plans are that the city owned shelter is to assist an estimated 1,000 homeless residents and connect them to other services intended to help secure permanent housing. The new facility is intended to serve all populations of men, women, and families. Further, the city wants to provide a place anyone could go regardless of gender, religious affiliation, sobriety, addictions, psychotic condition or other factors.

The city facility is to have on-site case managers that would guide residents toward counseling, addiction treatment, housing vouchers and other available resources.  The new homeless shelter is intended to replace the existing West Side Emergency Housing Center, the former jail on the far West Side. The west side facility has been deemed unsustainable costing over $1 million in transportation costs a year for the homeless. The goal is  for the new homeless shelter to provide first responders an alternative destination for the people they encounter known as the “down-and-out” calls.

DELAY AFTER DELAY

Since the April 6, 2021 purchase of the Gibson Medical Center for conversion to the Gateway homeless shelter, completion of the project has experienced delay after delay. The plague of delays has included neighborhood protests, a civil lawsuit and zoning battle and asbestos discovery requiring remediation.

PROTESTS RECALLED

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. Keller said he planned on conferring with residents in the future.  However, 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.

Residents who live in the area said it would only cause more problems for them in the area. Other residents thought 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 would  in fact be converted to “mega-shelter” that will impact the neighborhood.

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”

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

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.

ZONING APPEALS

Soon after the April 6, 2021 announcement that the city had bought the Gibson Medical Center facility for the new Gateway “overnight shelter”, the Keller Administration discovered that the facility was zoned for “hospital and medical” usage exclusvely. The existing zoning for the Gibson Medical Center facility allowed  for an “overnight shelter” but only as a “conditional use” that the city had to  apply for  under  the  city’s zoning laws known as the Integrated Development Ordinance.   Within weeks of closing on the purchase of the facility, the city applied for the “conditional use” arguing there was a strong need for it to enhance Albuquerque’s demand for homeless services to an ever-expanding homeless population.

From the get go, the filing for the conditional use zoning application was bogged down in appeals filed by the surrounding neighborhoods, which was totally within their rights but which upset Mayor Keller. In a June, 2022  press conference announcing the closure of Coronado Park, Mayor Keller took it upon 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.”

It was On August 16, 2022, a full 15 months of delay since the Keller Administration purchased the sprawling Gibson Medical Center to convert it into a 24-7  homeless shelter  that  the Keller Administration was able to finally secure the necessary “conditional use”  zoning change to operate the facility as a 24-7 “homeless shelter.”

ASBESTOS FOUND

The Keller Administration had planned to have overnight beds available by 2022, but for various reasons that did not happen. Then asbestos was found in the facility delaying construction and remodeling even further.

On April 25, 2023, KRQE News 13 Investigation Reporter Larry Barker reported on the Keller Administration’s discovery of asbestos at the new Gateway renovation construction site.  Barker also reported on the coverup of the cleanup efforts resulting in delays of completion of the Gateway Homeless Shelter.  Following is the report edited and rearranged for brevity:

“It’s a massive 70-year-old hospital building bought by the City of Albuquerque two years ago. Mayor Tim Keller pledged to transform the old Lovelace Medical Building into a showpiece complex to address the city’s homeless problem. Once complete, the Gateway Project is designed to be a modern multi-purpose homeless shelter and health services center.

Over the past year, the city has been engaged in a $9.5 million building renovation. The Gateway Center is expected to open for business later this year.

But there’s trouble at the Gateway Project, and it’s not something Albuquerque officials will talk about. You see, it isn’t just a construction zone; it’s a danger zone. Internal city documents obtained by KRQE News 13 show how Albuquerque officials involved with the Gateway renovation blatantly violated federal health and Safety regulations putting lives at risk.

One of the roadblocks to renovating old buildings is the presence of asbestos. In the 1950s, when the original Lovelace Hospital was built, asbestos was commonly used in building materials like insulation, ceiling tiles, and flooring. Today, if construction workers encounter asbestos during renovation projects, then stringent federal abatement regulations must be followed.

Breathing asbestos fibers can be deadly, so only specially trained and certified work crews are allowed to operate in asbestos remediation areas. Full body suits, respirators, gloves, and boots are required. Asbestos debris must be bagged and disposed of in a hazardous waste repository.

UNM School of Medicine Pulmonologist Dr. Akshay Sood said this:

“[Asbestos] does cause cancer, and it is recognized to be a carcinogen. … It’s important to minimize exposure to asbestos to construction workers because there is a tremendously high risk of developing… cancers as well as other diseases associated with asbestos exposure.”

According to a city timeline, last year contractors doing renovation work on the Gateway Center’s second floor used a large mechanical scraper to rip out and shred old tile flooring containing asbestos. The debris was swept up with brooms and thrown in the trash. There were no worker safeguards, no notifications, no protective gear, no respirators, and no regard for the law.

The Occupational Health and Safety Bureau (OHSB) initiated an investigation after receiving complaints that allege “No inspection or testing was done prior to demolition work. Workers are not wearing PPE and are scraping, and grinding. The HVAC system is still running and may have transported dust through the building. Staff have raised safety concerns multiple times but the project is politically driven and two work stop orders from the City’s Risk (Management) Division have been ignored.”

On February 28, 2023, Albuquerque’s Risk Management Division informed Gateway Project Manager Jesse Valdez that “There is high possibility that there is asbestos in the areas of the Gibson Health Hub that are under construction. All work in these areas must cease until an asbestos test has been performed.”

An internal city document noted, “There was no pause on the construction site with the reasoning that Risk (Management) does not have jurisdiction to shut down construction sites.” Renovation construction was halted only briefly and then resumed.

On March 9, 2023, test results confirmed the presence of asbestos in the 2nd-floor work area. OHSB Investigators directed the city to halt all work in the asbestos area. OHSB Safety Compliance Officer Lorenzo Montoya said this:

“It is imperative that a regulated area be established immediately. The area must be secured from unauthorized persons and demarcated immediately,”

New Mexico’s Occupational Health and Safety Bureau Chief Bob Genoway said this:

“We consider (these) to be serious allegations that warranted an OSHA investigation. … Bottom line is we’re trying to make sure that employees don’t become seriously ill or injured from hazards in the workplace. Asbestos is a recognized, serious hazard in the workplace and can cause serious diseases.”

Links to quoted news sources are here:

https://www.krqe.com/news/larry-barker/albuquerques-gateway-center-the-danger-zone/?ipid=promo-link-block1

https://www.krqe.com/news/larry-barker/behind-the-story-larry-barker-investigates-the-gateway-centers-asbestos-problem/

https://www.abqjournal.com/news/local/gateway-center-construction-hits-asbestos-snag/article_4ad152b3-2947-51c1-8dbe-ea04a58d3568.html

COMMENTARY AND ANALYSIS

The approval process and the remodeling for the Gateway Shelter can be described as road of good intentions paved with ineptness and at times incompetency by Mayor Tim Keller and his administration.  There are 3 specific causes that placed the project on the road to unnecessary delays:

The first cause that contributed to the delays was the  actual selection and purchase of the massive 572,000 square-foot Gibson Medical Center complex, formerly the Lovelace Hospital for $15 million in order to convert it into a 24-7 homeless shelter.  The massive complex purchased has a 201-bed capacity, numerous physician offices, treatment and operating rooms, administration offices, a large lobby area as well as 250-to-300-person auditorium.

The city implemented a site selection process that originally identified 3 appropriate sites. On February 27, 2020 the City of Albuquerque released a report and analysis announcing the top 3 preferred locations. The 3 locations were:

  1. University of New Mexico (UNM) land next to the state laboratory, near Interstate 25 and Camino de Salud
  2.  Coronado Park at 3rd Street and Interstate 40
  3. The former Lovelace hospital on Gibson

The UNM property was Keller’s first preferred choice and Keller took it upon himself to do a press conference to promote his selection and pressure the UNM regents to allow it.  When UNM balked at the idea, Keller quickly move to purchase the Gibson Medical Center.

Keller failed to even try to get input from the surrounding neighborhoods nor did he attempt to reach a consensus with them and major protests occurred. Mayor Tim Keller was perceived as mishandling the site selection process for the shelter, especially with his shaming, guilt trip press conference to force UNM’s hand, and his failing to build true consensus on what the city should do and where the shelter should go.

The second cause that that contributed to the delays is the fact that Mayor Keller and his administration ostensibly did not know and did not do due diligence to determine if the Gibson Medical facility had the proper zoning to allow a 24-7 overnight shelter. The commercial property was purchased “as is”. What Keller and company found out only after the purchase was that the facility and the area was zoned for a hospital and that a conditional use for a 24-7 overnight shelter was required under the city’s zoning laws known as the Integrated Development ordinance.  Rather than taking steps to rely on the existing zoning as a hospital  and use the facility as a mental health treatment and substance abuse hospital facility for the homeless, the building sat vacant as to city usage.

The third cause that contributed to the delays was the discovery of asbestos on the property that required remediation. It was a sign of sure incompetence that the city Planning Department, the Municipal Development Department or the Environmental Health Department did not realize that in the 1950s, when the original Lovelace Hospital was built, asbestos was commonly used in building materials like insulation, ceiling tiles, and flooring. What is  very disturbing is that the Occupational Health and Safety Bureau (OHSB) initiated an investigation after receiving complaints that allege “No inspection or testing was done prior to demolition work” and the city covered it up.

On April 21, the city announced that the asbestos abatement had been completed. That may be true for the area that is being remodeled for the new Gateway service, but that area is a fraction of the massive 572,000 square-foot complex.  It is highly likely that the rest of the complex is riddle with asbestos and any future remodeling will require asbestos remediation jacking up the costs. In otherwards, Keller had the city buy a money pit of endless expenditures needed for asbestos remediation.

NAIOP INFLUENCE OVER MAYOR TIM KELLER

It was no accident that Mayor Tim Keller made his announcement of the delays in opening the Gateway Shelter to NAIOP.  Keller’s very first State of the City address in 2018 occurred before NAIOP.  Such appearances before NAIOP are regularly scheduled by Keller to allow him to give reports and briefings on city business to an influential business group that ostensibly he favors and he relies upon for political support.  Each time Keller appears before NAIOP the press reports it and Keller makes the news. A good example was last year in August when Keller announced the closure of Coronado Park as the de facto city sanctioned homeless encampment.

NAIOP is considered by politicos as the most influential business and political organizations in the city. It boasts membership of over 300 developers, contractors and investors and it has regular luncheon meetings that are well attended with speakers and even sponsors candidate debates.  It has its own Political Action Committee (PAC) for lobbying and supports candidates for office by making endorsements and contributing to races for city council and Mayor. NAIOP opposes project labor agreements requiring payment of prevailing union wages on city construction contracts as well as advocates for right to work laws in the state.  Its membership is known to bid on and are awarded city construction contracts.

NAIOP membership consistently opposes, complains and lobbies to change city zoning laws arguing they are too burdensome and interfere with development.  Most recently, NAIOP endorsed and lobbied heavily for enactment of Keller’s ABQ Housing Forward plan and major amendments to the Integrated Development ordinance that now allows casita development in 68% of the city that favors developers and investors over neighborhoods.  The Keller Administration also pushed for changes to the zoning laws that reduce or eliminate property owners right of appeal and require input on developments.  Simply put, Mayor Tim Keller and  NAIOP have a relationship of politically scratching each other’s back.

FINAL COMMENTARY

There is little to no doubt that all the delays in completing the Gateway 24-7 homeless shelter fall squarely on the shoulders of Mayor Tim Keller and the way he and his administration have handled the project. One thing that always motivates politicians looking for public approval and financial support is an election year.

The next municipal election for Mayor is two years from now in November 2025.  Keller is already making it known to many on his staff and financial supporters he intends to seek a third term. It’s no accident that Keller told NAIOP on July 25, 2023:

“My goal is, in the next two years to have all those phases open. It’s gonna be a heavy lift, but we have to do this for Albuquerque”.

What Keller was really saying is he has to get the Gateway Homeless Shelter done for his reelection before anyone can accuse him a failing to deliver on his promise to build a homeless shelter.

ABQ Journal Dinelli Guest Column: “Casita zoning amendments favor developers over neighborhoods in city”

On Sunday, August 6, the Albuquerque Journal published the below 500 word Pete Dinelli guest column:

HEADLINE: Casita zoning amendments favor developers over neighborhoods in city

BY PETE DINELLI,  ALBUQUERQUE RESIDENT

“On July 6, Mayor Tim Keller signed into law the zoning amendments that embody his Housing Forward ABQ plan. It will allow casita construction on 68% of all built-out residential lots in the city. Casita construction is now a “permissive use” on all single-family R–1 zones, giving the Planning Department exclusive authority to approve casitas over objections of adjoining property owners.

Mayor Keller announced his administration’s goal is to review and approve 1,000 new casitas all over the city by 2025. Keller announced the Planning Department will also “lower the bar” for property owners to build casitas and provide pre-approved casita designs. The city also wants to provide loans for building costs to homeowners who agree to rent their casitas to those who use Section 8 housing vouchers.

The city providing pre-approved casita designs gives preferential treatment over those that diligently followed the application process, incurring substantial expenses. Providing pre-approved casita designs steps over the line of being a code enforcement and the approval agency to one of providing architectural plan designs where the city taxpayer absorbs the architectural costs for the private property developer.

A program where the city loans building costs to property owners that agree to rent their casitas to Section 8 housing voucher users likely violates the state (Constitution’s) anti-donation clause that bars public government entities from donating to corporations and individuals. It presumes the city has the financial resources to offer low-interest loans to the private sector when the city’s responsibility is funding essential services.

The city is not a loan institution for collections on high-risk loan defaults for casita development. It amounts to the city going into home improvement loan business when it is responsible for construction code enforcement and permitting.

The reclassification zoning of all R-1 single-family lots to allow for casita development will not solve the city’s low-income housing shortage. It will result in large private investors and real estate developers buying up distressed properties to lease and convert whole blocks into casita rental areas. This has happened in the south area of the UNM, degrading the character of neighborhoods.

People buy their most important asset, their home, with the expectation they can trust the city not to change substantially the density, quality and appearance of their neighborhood. People buy single detached homes wanting to live in low-density neighborhoods, not high-density areas that will reduce their quality of life and the peaceful use and enjoyment of their homes and families.

What happened with the enactment of Keller’s Housing Forward ABQ plan was a breach of trust between homeowners, property owners and the city and its elected officials who put “profits over people” to benefit the development community. The short-term housing “crunch” was used to declare a “housing crisis” to shove Keller’s Housing Forward ABQ plan down the throats of city property owners.

Progressive Democrat Mayor Keller gave a wink and a nod to the business and development community with his Housing Forward ABQ plan that favors developers over neighborhoods.”

Pete Dinelli is a former Albuquerque city councilor and former chief public safety officer for the city. He writes a blog at: www.PeteDinelli.com

Trump Indicted And Arraigned On Federal Charges For Second Time;  Read the Trump Second Federal Indictment To Understand The Scope And Gravity Of Crimes Charged

On August 1 for the third time in a matter of 4 months former President Donald Trump was indicted  by a federal grand jury on charges stemming from his efforts to remain in power after he lost the 2020 presidential election. According to the indictment Trump faces four charges:

  1. Conspiracy to defraud the United States;
  2. Conspiracy to obstruct an official proceeding;
  3. Obstruction of and attempt to obstruct an official proceeding;
  4. Conspiracy against rights [to vote]

Special Council Jack Smith  in announcing the charges, called what happened on January 6, 2021 an “unprecedented assault” on democracy. Smith said “It was fueled by lies: Lies by the defendant targeted at obstructing a bedrock function of the U.S. government — the nation’s process of collecting, counting and certifying the results of the presidential election.”

Special Council Smith’s probe focused on the attempts to thwart the peaceful  transfer of power after the November 2020 presidential election or interfere with the certification of Electoral College votes on January 6. The joint session of Congress to certify the election was disrupted when a mob of Trump’s supporters breached the United States Capitol abuilding marking one of the darkest days in this country’s history.

INDICTMENT ALLEGATIONS

The indictment alleges that despite having lost, Trump  “was determined to remain in power.” Over two months after the election, the indictment alleges Trump “spread lies that there had been outcome-determinative fraud in the election and that he had actually won. … These claims were false, and the defendant knew they were false [but Trump] repeated and widely disseminated them anyway.” The indictment says that despite losing the election Trump “was determined to remain in power.”  The indictment alleges that over two months after the election, Trump “spread lies that there had been outcome-determinative fraud in the election and that he had actually won [and] these claims were false, and the defendant knew they were false [but he]repeated and widely disseminated them anyway.”

UNINDICTED CO-CONSPIRATORS AND CONDUCT

The indictment alleges that there are 6 unnamed co-conspirators who were “enlisted” to assist Trump in “his criminal efforts to overturn” the election “and retain power.”

According to the indictment Trump and his co-conspirators allegedly “pushed officials to ignore the popular vote [and] organized fraudulent slates of electors”  in Arizona, Georgia, Michigan, Nevada, New Mexico, Pennsylvania and Wisconsin and  “knowingly [made] false claims of election fraud” and organized “fraudulent slates of electors” in the 7 states.

The indictment alleges Trump and his co-conspirators attempted to use the power of the Justice Department to conduct “sham election crime investigation”. The indictment also alleges they attempted to enlist then-Vice President Mike Pence to use his ceremonial role  in affirming the electoral vote count on January 6 to “fraudulently alter the election results.” The indictment also alleges Trump repeatedly pressured Pence to fraudulently reject or return Mr. Biden’s electoral votes.

The indictment alleges that “from about November 14, 2020  through Inauguration Day Jan. 20, 2021, in Washington, D.C., and elsewhere … Trump, did knowingly combine, conspire, confederate, and agree with co-conspirators, known and unknown to the grand jury, to injure, oppress, threaten, and intimidate one or more persons in the free exercise and enjoyment of a right and privilege secured to them by the Constitution and laws of the United States — that is, the right to vote, and to have one’s vote counted.” 

The indictment makes it clear that then Vice President Pence is a key witness in the case. For the first time it was revealed that Pence took extensive, contemporaneous notes which will lend significantly to his credibility as a witness testifying on the stand.

The indictment states in part:

“After it became public on the afternoon of January 6 that the vice president would not fraudulently alter the election results, a large and angry crowd — including many individuals whom the defendant had deceived into believing the vice president could and might change the election results — violently attacked the Capitol and halted the proceeding.”

The indictment gives a detail account of what happened on January 6 and alleges Trump watched the violence unfolding on television, and ignored pleas to unequivocally condemn the violence.  The grand jury did not indict Trump on any specific charges related to inciting an insurrection. The Department of Justice has accused more than 1,000 peopleof violating the law with their actions on January 6. However the charges against Trump mark the first federal prosecution concerning the multiple ways Trump and his allies allegedly attempted to keep him in office despite losing the election.

The link to read the full 49 page federal indictment is here:

Click to access trump-indictment.pdf

TRUMP AND PENCE REACTION TO INDICTMENT

The Trump campaign said in a statement that the indictment was “the latest corrupt chapter in the continued pathetic attempt by the Biden Crime Family and their weaponized Department of Justice to interfere with the 2024 Presidential Election.”  Trump’s campaign questioned why it took “two and a half years” to bring the charges, during the presidential campaign. It also claimed that Trump “always followed the law… with advice from many highly accomplished attorneys.”

Pence released a statement saying:  “Today’s indictment serves as an important reminder: anyone who puts himself over the Constitution should never be President of the United States … The former president is entitled to the presumption of innocence but with this indictment, his candidacy means more talk about January 6th and more distractions.”

Links to quoted news sources are here:

https://apnews.com/article/trump-indicted-jan-6-investigation-special-counsel-debb59bb7a4d9f93f7e2dace01feccdc

https://www.cbsnews.com/news/trump-indicted-grand-jury-jan-6/sp

OTHER  INDICTMENTS

The indictment against Trump is the second sought by Smith in recent weeks. Trump  is facing 37 federal felony counts related to his alleged mishandling of sensitive government documents retrieved from his South Florida residence, Mar-a-Lago, after he left the White House. Trump pleaded not guilty to all charges, which include conspiracy, obstruction and willfully retaining national defense information.

In addition to the two federal prosecutions, a Manhattan grand jury has  indicted Trump  on 34 felony counts related to alleged hush-money payments made to adult film star Story Daniels before the 2016 presidential election.  The trial in that case is scheduled to begin in March. New York’s attorney general has brought a separate civil case against Trump and the Trump company’s  with a trial set to begin in October.

Trump is also facing possible charges from the Fulton County, Georgia, prosecutor who has been investigating efforts to reverse the outcome of the presidential election in the state.

STATMENT BY SPECIAL COUNSEL

On August 1 after release of the indictment, Special Counsel Jack Smith held press conference to read a statement and he took no questions. The statement read in part:

“… Today, an indictment was unsealed charging Donald J. Trump with conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding. The indictment was issued by a grand jury of citizens here in the District of Columbia and sets forth the crimes charged in detail. I encourage everyone to read it in full.

The attack on our nation’s capital on January 6, 2021, was an unprecedented assault on the seat of American democracy. As described in the indictment, it was fueled by lies. Lies by the defendant targeted at obstructing a bedrock function of the U.S. government, the nation’s process of collecting, counting, and certifying the results of the presidential election.

The men and women of law enforcement who defended the U.S. Capitol on January 6 are heroes. They’re patriots, and they are the very best of us. They did not just defend a building or the people sheltering in it. They put their lives on the line to defend who we are as a country and as a people. They defended the very institutions and principles that define the United States.

Since the attack on our Capitol, the Department of Justice has remained committed to ensuring accountability for those criminally responsible for what happened that day. This case is brought consistent with that commitment, and our investigation of other individuals continues.

In this case, my office will seek a speedy trial so that our evidence can be tested in court and judged by a jury of citizens. In the meantime, I must emphasize that the indictment is only an allegation and that the defendant must be presumed innocent until proven guilty beyond a reasonable doubt in a court of law.”

… “

The link to read the full statement is here:

https://www.justice.gov/sco-smith/speech/special-counsel-jack-smith-delivers-statement-0

TRUMP ARRAIGNED

On August 3, former President Donald Trump turned himself in and appeared in a federal courtroom  for his arraignment  on the 4  felony charges accusing him of trying to overturn the 2020 election results, pleading not guilty in the latest case brought by special counsel Jack Smith. Before he was arraigned, he was fingerprinted but no mug shot was taken in that it was deemed unnecessary by the federal marshal given the fact he is one of the most photographed persons in the world.

The arraignment got underway shortly after 4 p.m. and Trump stood to be sworn in, stating his name and age as being 77. Judge Moxila Upadhyaya formally read the charges and reminded him of his rights. He said he understood, and entered his plea of “not guilty.”  Special Counsel Jack Smith was present for the hearing and it was  the second time he and Trump have come face to face in a federal courtroom.

The judge agreed to release Trump under the conditions that he not violate federal law and appear in court when required. He is also barred from discussing the facts of the case with any potential witnesses, except through attorneys. The arraignment lasted about a half an hour. The next hearing is set for August 28 before federal judge Tanya Chutkan, an  Obama appointee who was randomly chosen to preside over Trump’s newest case and who has handled a number of the cases brought against those involved with the January 6 insurrection.

After the arraignment, and at the airport before he departed, Trump spoke briefly to reporters on the tarmac. He reiterated much of what he has said for months  insisting President Biden and his allies are trying to damage him politically. Trump said this:

“A very sad day for America. … And it was also very sad driving through Washington, D.C., and seeing the filth and the decay and all of the broken buildings and walls and the graffiti. This is not the place that I love. It’s a very sad thing to see. … When you look at what’s happening, this is a persecution of a political opponent. … This was never supposed to happen in America. This is the persecution of the person that’s leading by very, very substantial numbers in the Republican primary and leading Biden by a lot. So if you can’t beat him, you persecute him or you prosecute him. We can’t let this happen in America. Thank you very much.”

https://www.cbsnews.com/live-updates/trump-arraignment-indictment-charges-federal-court-washington/

COMMENTARY AND ANALYSIS

Anyone who has any concern for our democracy, needs to read the indictment to understand the scope and the gravity of the crimes he is charged with. What is  truly shocking is the breath taking and overwhelming amount  of the evidence presented against Trump in the indictment itself and the lengths he and others went to stop the peaceful transition of power and to essentially overthrow our government.

What is truly disgusting is the extent the Republican Party and its leadership continue to support Trump refusing to accept he is a danger to our national security and to our democracy.  From all the polls, Trump is the clear front runner for the Republican nomination.  His opponents  flail around unable to break the strangle hold over the Republican Party which has essentially become his cult.

The sooner Trump is tried, convicted and sentence to jail for the crimes he has committed, the better.  It will show that no one is above the law and Trump will finally be brought to the justice he so richly deserves.

The link to a related blog article is here:

Read the Trump Federal Indictment “to understand the scope and the gravity of the crimes charged.”

Mayor Keller Announces $80 Million, 8 Mile “Rail Trail” Plans; Security Will Be Critical To Use; Keller Embracing 25-Foot Neon Tumbleweed As Symbol For City Falls Into Category of “What The Hell Is He Thinking?”

“See them tumbling down
Pledging their love to the ground
Lonely but free I’ll be found
Drifting along with the tumbling tumbleweeds

Cares of the past are behind
Nowhere to go, but I’ll find
Just where the trail will wind
Drifting along with the tumbling tumbleweeds”

Lyrics to song by Sons of the Pioneers, Songwriters: Bob Nolan,  Tumbling Tumbleweeds lyrics © Williamson Music, Inc.

RAIL TRAIL PLANS ANNOUNCED

On July 22, with great fanfare, Mayor Tim Keller was joined by world-renowned architect Antoine Predock at the Neon Park Museum to announce  plans  for the Albuquerque Rail Trail project. The Rail Trail project  is a 7- to 8-mile multi-use pedestrian and bike trail circling downtown that will connect key destinations in the downtown area.  The City has 400 miles of bike trails and paths that run along the bosque arroyos and city streets. The trail will give residents and visitors a trip through Albuquerque’s history. Riders and pedestrians can stop at certain points, scan a QR code and learn more about what they are seeing.

It was in June 2014 that the City Council voted unanimously to adopt the Rail Yards Master Plan.  The Rail Trail  was first announced by Mayor Tim Keller in 2021. According to the Keller Administration it will encourage economic development, healthy recreation, and cultural expression.

 Predock and his team are spearheading the design of the City project, creating a “modern and artistic” pedestrian parkway that according to city officials reflects the culture and history of the city. The intent is to highlight the history of the railroad and Route 66.

RAIL TRAIL PROJECT DESIGN

World renowned Architect Antoine Predock is designing the Rail Trail Project.   Predock has lived Albuquerque for decades. He is one of the top living architects in the world who lives in Albuquerque. Predock designed the Rio Grande Nature Center and the La Luz community, which was Predock’s first solo architecture project.  Predock is known internationally with his architecture firm having an office in Taipei.  His fingerprint as an Albuquerque based architect can be seen throughout New Mexico.

The Rail Trail is located along the existing railroad corridor in the heart of Albuquerque. It travels past the Alvarado Transportation Center, crosses the historic Route 66, and the historic alignment of El Camino Real De Tierra Adentro. The historic communities of Barelas, South Broadway, and Martineztown are located adjacent to the corridor. The trail also connects a number of community assets, both public and private.

Click to access part-i-rail-trail-executive-summary.pdf

The Rail Trail will consist of 11 major sections all in the Downtown area from the Rail Yards to the Sawmill District, Old Town, Tingley Beach, the Barela’s neighborhood, and back around in a 8-mile loop. The trail will show major attractions like scenic stops along the Rio Grande, tourist spots, and a unique raised trail area with a plaza beneath for shops and food vendors over by the convention center. It will also have a redone underpass with lighting at Central and 1st highlighting the Historic Route 66.

City officials say the multi-level structure will include space for food trucks, vendors and other events on the ground. An elevated path will also give people views of the Sandia mountains in the distance.  Two plazas — Enchantment Plaza and Iron Horse Plaza — will be incorporated into the trail.

Other features include a tree-like, geometric structure wrapping over the bike path, which will be rooted in spaces that could be used for retail or other purposes. Collages, representing the history of the areas the path crosses, will be embedded into the street. Green space is also a priority. The city is currently in the process of acquiring properties around the area to use as green space on the trail, including one at Marquette and Commercial.  As for safety along the trail,  city officials  said they are working to have the trail fully lit with street lights and security officers.

“AURAS” AND PLAZITAS, OH MY

The project has been described by city officials as “fanciful” and “cosmic”. Throughout the length of the 8 mile trail there will be distinct “zones”. Project Architect Antoine Predock describes these zones as “auras.” Each aura celebrates the culture and history of that area. The auras contain “plazitas” along the path that serve as access points and gathering spots for activity and community. Each plazita will have a digital explanation of the zone featuring music, people, foods, and the broader “story of us.”

Predock identifies the following auras along the trail:

  • Rio: The Rio Grande sustains life in Albuquerque and draws people for agriculture, recreation, and ritual. The Rail Trail loop connects to the Bosque Trail, taking people to the river.
  • Origins / Albuquerque: Old Town is the historic heart of Spanish Colonial Albuquerque and a destination for locals and tourists.
  • Tiguex: The Tiguex people originally inhabited this land. This zone honors the first people to live here and recognizes that their descendants are still here and contribute to the vibrancy of our present and future.
  • Sawmill: The lumber yards were an important industry in our city. Neighborhoods grew around the sawmills to sustain the people who worked there.
  • Enchantment / Enchantment Plaza: From this zone, you will be able to see the Sandias to the east, volcanos to west, and the enchantment of the sky and land everywhere you look. It is a celebration of the landscape that inspires all who see it.
  • Industry: Factories and warehouses clustered along this area for ease of shipping dry goods and heavy materials. Family run businesses still fuel commerce in the zone.
  • 66: The Mother Road brought people to and through Albuquerque in the automobile. Albuquerque continued to be a crossroads for travel and commerce with Route 66.
  • Iron Horse: The arrival of the rail and trains transformed Albuquerque. The Rail Yards were once an economic powerhouse during industrialization. This area continues to be the hub for moving people and goods by train through the city.
  • Barelas: Barelas is one of the oldest neighborhoods that grew as a result of the railroad coming to Albuquerque. Barelas maintains many traditional ways and fortitude of the families that built this community.
  • Umbral: Umbral is the Spanish word for threshold. This place is the original crossing of the Rio Grande and the entry point for the Camino Real.

25-FOOT NEON TUMBLEWEED

Project Architect Antoine Predock places what he and Mayor Keller  believe is an iconic Albuquerque image front and center: the tumbleweed. Predock envisions a giant, electric tumbleweed that will be a key feature of the Rail Trail. Predock proclaims the image of a tumbleweed rolling down the road is part of every resident’s experience and is enshrined in pop culture.

The new Rail Trail is expected to pass right through a neon tumbleweed, and a new “Enchantment Plaza” near the Big-I.  Mayor Tim Keller became downright giddy with excitement with a grin on his face and a smile in his voice during the July 22 presentation as he talked about the 25-foot neon tumbleweed.  Keller said this:

 When this happens, no one will think of Albuquerque without the neon tumbleweed at the intersection of Route 66 and the railroad.”

INITIAL PROJECTED COST ESTIMATES

The total projected cost is $80 Million. The project is roughly half funded and with the city almost ready to break ground on it.  So far, the city has set aside $40 million for the project and is ready to break ground as the remaining funding is secured.

Funding for the Rail Trail Loop includes $15 Million from the City, $10 million from the State of New Mexico, and $11.5 million  from the Federal RAISE Grant, totaling $36.5M for the full loop.  Money from bonds that voters are expected to vote on in November’s city election could also be used for the project.

The Albuquerque Rail Trail Framework Plan outlines that the project will be built in 6 segments. The Framework plan outlines the probable construction costs of each phase of the project.

Phase 1a is the Marquette Crossing with a cost of $2,000,000.

Phase 1b is the Lomas – Tijeras  phase with a cost of $3,898,018.

Phase 2 is the Tijeras – Central Ave portion of the trail costing $1,988,000.

Phase 3 is Tijeras Access + 1ST Street to Central Ave portion of the trail costing  $2,424,000.

Phase 4 is the Alvarado Station portion of the trail costing  $990,000.

Phase 5 is the 1ST Street – Gold Ave to Coal Ave portion of the trail costing  $2,371,000.

Phase 6 is the  1ST Street – Coal Ave to Rail Yards portion of the trail costing $2,580,000 .

Total cost for all 6  phases is $16,251,018

See Albuquerque Rail Trail Framework Plan, Page 30.

https://www.cabq.gov/mra/documents/part-i-rail-trail-executive-summary.pdf

The Albuquerque Rail Trail Framework Plan outlines funding Sources:

City Transportation Funds (committed): $3,000,000

City Lodgers Tax (committed): $2,000,000

State Legislative Request: $5,000,000

Federal Infrastructure Grant: $5,239,000

Total available funding: $15,239,000

See Albuquerque Rail Trail Framework Plan, Page 30

https://www.cabq.gov/mra/documents/part-i-rail-trail-executive-summary.pdf

City officials said they hope to break ground by this fall  and have some elements open to the public by late 2024.  City officials predict the full trail could be completed by 2027. The final cost of the project is projected to be $80 Million. Currently, the city has raised $39 million to fund the construction.

Project Architect Antoine Predock had this to say:

“Beginning with Enchantment Plaza and culminating with that auspicious American crossroads moment at Central Crossing where US Route 66 was joined by the railroad, the Rail Trail reveals layers of the Land of Enchantment. … The intense polychrome graphics on the trail’s surface at each stop along the eight-mile circle tell the story of the neighborhoods, and of Albuquerque, summing up the Land of Enchantment.”

It is at the Central Avenue crossing where US Route 66 is joined by the railroad tracks that Project Architect Antoine Predock wants the city to erect his 25 foot neon tumbleweed.

The Rail Trail has been a major goal of Albuquerque Mayor Tim Keller’s administration.  According to Mayor Keller, it  will transform our downtown neighborhoods and elevate the way we experience the city.  At the unveiling,  Keller said he expects the project will become as much of a landmark as the BioPark or the Sandia Peak Tramway. Keller said this:

 This is the pedestrian parkway. It’s meant for recreation. It’s meant for transit. It’s meant for families coming together. It’s meant reuniting neighborhoods that have historically been divided. … This is probably the largest public works undertaking since we literally built the zoo and the tram. … When we pull this off, almost every New Mexican will know about the Rail Trail and will have experiences with it And, most importantly, be a place that brings us together and unites us. … The Rail Trail will be a defining project for our City and a landmark for future generations. … We’re grateful to the team of architects, and community members, who believe in this vision. Together, we are creating a special place for residents, visitors and families to cherish and enjoy.”

Metropolitan Redevelopment Agency Director Terry Brunner had this to say:

“What we’ve learned from a lot of other cities is when they’re able to rehab their downtowns with a major tourism or amenity or attraction, it really helps drive downtown improvements. … We’re excited to start hopefully with a central crossing which will be an at grade crossing with ramps at Central to eliminate the dangerous underpass that we have for pedestrians. … Potentially Sawmill or that length from Rail Yards all the way up to Lomas [will]  probably [be] our first sections. … This project honors Albuquerque’s cultural history while also laying the ground work for its future. … The Rail Trail is an investment that will connect our communities and activate the heart of our city. I tend to think it’s one of the biggest projects that Albuquerque will have had in the last 100 years.”

ONE PERSONS ART VIEWED AS WASTED TAXPAYER  MONEY

The entire Albuquerque Rail Trail project has more than a few major critics, especially when it comes to the $80 Million dollar price tag and the extra features that will driving up the cost.

Paul Gessing  of the taxpayer watch group Rio Grande Foundation said the cost breakdown is too much. Guessing said this:

“It strikes me as over the top for a bike trail. … Over $10 million per mile is a lot of money for a bike trail. And there’s art, some kind of tumbleweed design, and Antoine Predock, a well-known architect and designer.”

RAIL TRAIL STEERING COMMITTEE: FRIENDS OF THE RAIL TRAIL

The Rail Trail project has a steering committee known as the Friends of the Rail Trail. It is a 14 person committee appointed by the Mayor. Ostensibly the steering committee was involved with the overall project, selection of the architect and final approval of the plans. The members of the steering committee are:

Mayling Armijo, Bernalillo County Economic Development Director

Dale Armstrong, Property Owner

Lola Bird, Downtown Mainstreet

Dennis Gromelski, FUSION

Ed Garcia, Property Owner

Seth Gardenswartz, Property Owner

Johanna Gillian, Homewise

Maria Griego-Raby, Contract Associates

Frank Martinez, Citizens Information Committee of Martineztown

Tim Nisly, Barelas Community Coalition

Jay Rembe, Property Owner

Sgt. Matthew Tinney, Downtown Public Safety District

Laura Trujillo, Valley Area Command Crime Prevention

Kelly Ward, Innovate ABQ

The listing of the Rail Trail steering committee can be found at the end of this link:

https://www.cabq.gov/mra/rail-trail

Links to quoted news sources are here:

https://www.kob.com/new-mexico/city-leaders-unveil-plans-for-rail-trail-project-in-albuquerque/

https://www.krqe.com/news/albuquerque-metro/new-rendering-announced-for-albuquerque-rail-trail-project/

https://www.koat.com/article/albuquerques-dollar80-million-bike-project-some-say-it-cost-too-much/44655154

https://www.abqjournal.com/news/city-of-albuquerque-unveils-designs-for-rail-trail-which-includes-a-25-foot-neon-tumbleweed/article_db3ac628-299b-11ee-9dd1-1bf24988c47d.html

City links to information on Rail Trail:

https://www.cabq.gov/mra/rail-trail

https://www.cabq.gov/mra/news/albuquerque-rail-trail-a-vision-unveiled

https://www.cabq.gov/council/projects/current-projects/albuquerque-rail-yards-redevelopment

For more information on the Albuquerque Rail Trail, visit cabq.gov/railtrail.

COMMENTARY AND ANALYIS

By any measure, spending $80 Million dollars on an 8 mile bike trail and pedestrian walkway is a difficult sell to the general public which is the likely reason Mayor Tim Keller and his administration conveniently did not put it on the ballot for voter approval, especially when it comes to a legacy project the Rail Trail represents to Keller. Calling an $80 million bike trail and pedestrian walkway “one of the biggest projects that Albuquerque will have had in the last 100 years” and saying “this is probably the largest public works undertaking since we literally built the zoo and the tram” that will transform the city is laughable and typical of the Keller Public Relations Team and his city hall insiders.   Keller and company forget the $125 Million ART bus project Keller completed down the middle of central that has destroyed Route 66 as well as the urban renewal of the1970’s that essentially gutted downtown to its detriment.

POLICE PRESENCE WILL BE CRITICAL FOR USE

Keller’s dream trail could easily become a trail of nightmares. Safety along the trail will be critical to its use.  City officials said they are working to have the trail fully lit with street lights and security officers. Given the openness and length of the trail, the entire length of the trail will likely become a magnet for crime. It’s not at all hard to envision panhandling, drug dealing, prostitution solicitation, pick pocketing and purse snatching, shop lifting at the merchandise vendor stations and the homeless camping at the various locations. At a minimum there will be the need for police to patrol the entire length of the trail and to have it closed down at night like a city park and to prevent illegal camping.

RAIL TRAIL STEERING COMMITEE

The city is currently in the process of acquiring properties around the rail trail to use as green space on the trail, including one at Marquette and Commercial. When you look at the 14 members Rail Trail Steering Committee what are found are a number of big name property owners and developers with very little representation of people actually living in the areas of the city that will be affected by the project. One unanswered question is to what extent will the members of the steering committee benefit from the project or if the are selling property to the city for the project?

THAT 25-FOOT NEON TUMBLEWEED

Spending thousands of dollars on a 25-foot neon tumbleweed at the intersection of Route 66 and the railroad as a symbol for a City falls squarely into the category of “What the hell are they thinking?”  Frankly, the use of a 24 foot neon tumbleweed is embarrassing for a city known for its Sandia vistas, the International Balloon Fiesta, Route 66, its history and diversity.

A tumbleweed conjures up images of windswept dust and desolation.  It conjures up the images of Albuquerque being nothing more than a dusty and dying little town in New Mexico as tumbleweeds, dirt and debris are swept by the winds through the vacant streets of a once vibrant community.

There are so many other symbols that could be and are reflection of the city as a whole and that can  even be whimsical at times. Those images include chile ristras, luminarias, images of the tramway, hot air balloons during a  balloon glow, a vintage train, a vintage convertible driving down Route 66, images of a cowboy riding a bronco or a buffalo soldier, mariachis playing with dancers, Indian jewelry, pottery and tribal dancers, an adobe pueblo oven (horno), hand-carved and painted wooden santos, bultos, retablos, and crosses and carvings.  The comedy and tragedy masks could be used as a symbol of the city’s emerging film production industry, especially at the rail yards where CNM is building a film school. Whimsical images of  a “big enchilada”,  tamales and tacos and even Bugs Bunny saying “I should have taken a left at Albuquerque” or even Homer Simpson and the Isotopes could be used.

The 25-foot neon tumbleweed is one piece of artwork  that needs to be scraped as not a fitting symbol of the city.