A park by resolution: the board asks what happens when Council skips it

If you read nothing else

• The meeting was held via Zoom webinar; five of seven members attended, with the At Large and District 3 seats absent.
• City Council passed a resolution to purchase land and build a park in District 5. The board was not asked first, and staff confirmed other councilors could do the same thing without coming to the board.
• Funding is the Philippou developer settlement from around 2009. If those funds are unavailable, Council voted that park impact fees would be used instead — which staff said would mean going back to Council to re-prioritize every project on the impact-fee list.
• Staff stated impact fees ($2,600 per new resident) can only fund new levels of service, never maintenance or replacement, and must be spent within seven years or returned to the homeowner.
• The park has to be built by January 2022. The AARP FitLot was approved by Council for Benavidez Community Center, with equipment ordering starting February 3 and completion anticipated by May 2021.
• There were no action items. The board took no vote on the District 5 park and deferred a possible letter to the next meeting.

Who was in the room

Public comment

Kept at length on purpose. Every point raised is listed, in the order the minutes record it.

7.1 Board member introductions

With the addition of new board member Jeff Thompson, Chair McClure asked board members to give a brief introduction of themselves. Chair McClure, Mr. Engle, Ms. Schuller, Mr. Montgomery and Mr. Thompson each gave a short synopsis of themselves.

Chair McClure gave a short synopsis of Mr. Guzman and Ms. Zahler, who were not present.

7.2 AARP FitLot park amenities update

Ms. Mathews shared a presentation on the AARP FitLot Outdoor Fitness Park. She informed the board the park was accepted and approved by City Council to be placed at Benavidez Community Center.

The presentation showed the FitLot amenities: rubberized surfacing, fitness equipment, shade canopy, trash can, bench and bike rack. An aerial map of the approved location was shown of the Benavidez Park Conceptual Master Plan, showing where the FitLot will be located.

Ms. Schuller asked the timeframe for completion. Ms. Mathews said AARP's timeframe starts February 3 with ordering of fitness equipment, and anticipated completion by May 2021.

Mr. Engle asked whether the installation would interfere with other updates to the park under the master plan. Ms. Mathews said no interference is anticipated.

7.3 New District 5 park — the resolution, the money, the precedent

Ms. Delgado informed the board a resolution was passed by City Council to purchase land and build a park in District 5. Councilor Sorg had an article in the newspaper talking about the general area.

Staff has met with Land Management looking for parcels that could be used for a park. Two acres is standard per the Parks and Recreation Master Plan. The land has to be accessible and have infrastructure, road and sidewalks. These options are being looked at currently, and staff will then meet with Public Works to make sure the infrastructure is aligned. The next step will be to reach out to landowners to see if they are interested in selling their property, after which negotiations will begin with Land Management.

Delgado said obstacles are price per acre, with requests coming in significantly higher. The funding source currently identified is funds from the Philippou developer settlement from back around 2009. A portion of those funds have to be used for infrastructure, so Public Works has some of that money earmarked, and whatever is left can be used for the park. Delgado said she will have an exact dollar amount as this moves forward. The park has to be built by January 2022, and the topic will come back before the board to review what the park will look like.

Mr. Engle summarized Mr. Shervanick's concern — that other City Councilors could get a resolution passed for their own districts to do the same exact thing, and if everybody started to do that it would be a lot of money suddenly having to be spent — and asked whether this should go through the board in the future. Chair McClure asked what the board could expect in the future if City Council can just make that decision.

Ms. Delgado said both are great questions. As far as precedent, could other City Councilors do this — absolutely. City Councilors do not have to bring a resolution to the board; they would just have to get with the Mayor to let him know what they are thinking and what they would like to bring forward. Delgado said it is possible there could be other resolutions.

Chair McClure asked, if there were not the settlement money, where random projects would get earmarked from. Delgado said during the City Council meeting on the resolution it was not known whether the Philippou funds could be used, and the vote was that if the Philippou funds were not available, then park impact fees would be used. Park impact fees are the only other funding source Parks and Recreation has that can be used for new levels of service. Delgado said she mentioned at the Council meeting that if that were to happen, she would have to go back to City Council to ask them to prioritize all of the projects currently on the park impact fee list.

McClure asked if this could hold up progress or development. Delgado said this is a delicate question, but yes — which is why, if park impact fees were used, she would have to go back to City Council for them to decide which projects would go where. Delgado said thankfully the Philippou account can be used for this particular project.

Ms. Schuller asked whether the Philippou lawsuit was in District 5, because there may be a correlation, and hoped that with Delgado's comments about impact fees, Council with everybody's concern would head that off if it were in the same district. Delgado said to her knowledge she believed all of Philippou's building happened in District 5, but is not certain.

Mr. Engle said since Philippou money can be used, board members can say "ok" but should maybe speak to their assigned City Councilors to let them know this was discussed at the board meeting, and caution them against trying to do another resolution to make a new park if park impact fees have to be used, which could upset the budget.

Chair McClure said this could be step one, but wondered if there is a way to express the board's sentiments about issues that could be faced down the road — step one being to talk to their assigned City Councilor, discuss it at the next board meeting, and maybe write a letter at that time.

Mr. Montgomery said as the representative of District 5 he has spoken to Councilor Sorg about this park facility, specifically this set of neighborhoods and the lack of facilities. As long as he has known Councilor Sorg it has been a priority of his to identify this area as a park, and he has been pretty vocal about it during City Council. From a policy and procedure side, Montgomery said he can understand the concern about this not coming through a more traditional channel; at the same time, if the pool of funding is not something the board traditionally deals with, he is not sure this is within the board's scope or bounds, and it is a question for the legal department. He said he has to question or wonder whether this is just part of the politics afforded to City Councilors.

Montgomery, bringing up the skate park as a point of discussion, said he has heard Councilor Sorg talk about the lack of parks in District 5 for many years prior to that — talking about money and allocations from park impact fees, or lobbying for capital outlay dollars for the skate park. On writing a letter, from his discussions with his City Councilor, he is not sure this particular situation warrants that.

Ms. Schuller said based on Montgomery's comments she thinks this is something to stay on top of, but not be as aggressive at the current moment. The board realizes the Philippou funds are there; if it has been a long-term item in the discussion of the City Councilor, Council has had some thought about it and is moving forward with their plan. Schuller said the board needs to keep this out of the forefront with their City Council, and maybe at a later date and time take a more aggressive approach with a letter from the board, helping to provide additional insight based on District 5 comments with Mr. Montgomery.

Mr. Engle said he was happy to hear Mr. Montgomery's thoughts, and acknowledged Mr. Shervanick's concern.

Mr. Thompson said he is concerned, if the Philippou funds were taken out of the equation, about how being able to pass a resolution through City Council would proceed to put a project ahead of other ones in the queue. In his humble opinion the board would be amiss not to have some kind of a statement that addresses this — not as a reaction, but to be proactive. He said he could see where this could possibly lead to other situations; if it has to go into the park impact fees, he could see a precedent set with this project that the board might not want to endeavor in, in the future.

Mr. Montgomery said it may be worthwhile to understand the cost impact and have a presentation along those lines: even if there is outside funding that comes in, as parks are developed, is there some type of way to ensure the City has the follow-up funding to maintain these projects. Chair McClure asked whether this presentation would be for City Council. Montgomery said it would be for the board to make the request, to bring attention to that decision making and start from there — the other route would be, if a letter is drafted, understanding the downstream considerations of the additional expenses and ensuring City Council allocates funding to the Parks Department for maintenance of the new facilities, which may require a resolution from the board. Montgomery said he would like to hear from staff what would be the best route.

Ms. Delgado said she does not know, because she does not know what will happen next. On maintenance dollars, she said the department does not get maintenance dollars; they are asked for during the budget process, and if not received, the department figures out how to deal with it. Parks and Recreation is growing fast, and staff are working on other things to bring forward to possibly create other funding sources, because it is time. This is something that will be brought before the board a few months down the road for their help.

Mr. Montgomery said he understands park impact fees do not allow for a holding or an accounting where 25% could be reserved from what is raised into an interest-bearing account that could provide recurring funding for maintenance of the projects, and asked whether that was correct. Ms. Delgado concurred. She said park impact fees received from a home have to be spent in seven years; if not spent in that time, the money has to be given back to the owner. Chair McClure asked why, and Delgado said it is City Ordinance.

Chair McClure said she would like to put this as a discussion item for the next board meeting, and encouraged the board to reach out to their Councilors and talk to them about maintenance and precedent.

Ms. Delgado informed the board a GO Bond is coming up soon, and she would like to see if a GO Bond question could be put together that would have a perpetual maintenance fund earmarked for Parks and Recreation — either to take care of GO Bond projects coming up next or for Parks and Recreation in general. This would be just for maintenance. She said this is an idea she is going to share with her supervisor, and is sharing it with the board.

Mr. Thompson asked Ms. Delgado, with the impact fees ($2,600 per new resident), why no percentage of that per Mr. Montgomery's earlier notion was ever earmarked toward maintenance of a new project. Delgado said the way she understands park impact fees to work — the way the language is written in the ordinance, and as it is used even in the State of New Mexico — is that the money has to be used for new levels of service and cannot be used for maintenance at all, or replacement; it has to be brand new. The other item is that the money has to be spent in seven years or what has not been spent has to be given back to the homeowner.

Thompson asked whether she believes this is a statewide issue and not just local. Delgado said yes, but is not certain, and did not know whether Ms. Cathy Mathews had additional information. Ms. Mathews said it is her understanding that park impact fees are regulated by State law through the Legislature, that they can only be used for new levels of service and not maintenance, and only for capital improvements.

Mr. Engle said he agrees board members should discuss this with their City Councilors.

7.4 Comcast Lift Zones

Mr. Robert Nunez, Youth Services Administrator, informed the board Comcast Cable Company has reached out to the City with an opportunity for Wi-Fi Lift Zones, which would allow students to participate in distance learning, remote work, and after-school care programs.

Nunez said seven Parks and Recreation facilities and four Senior Program facilities were identified. Staff is working with the City's I.T. Department, Legal, and Comcast to see if this can be accomplished in the near future. The contract would be for three calendar years. Nunez said this is a positive opportunity for youth and seniors to come to City sites and have Wi-Fi capability to get work done or for entertainment purposes.

Mr. Montgomery asked whether Comcast would have to pull permits to upgrade wiring within the facilities. Nunez said infrastructure would be evaluated by Comcast, and if needed on their end they would get the added resource for those locations. Montgomery said this type of infrastructure is critical right now, remote learning is tremendously difficult, and he has a big heart for the youth trying to get access to Wi-Fi from outside of the schools. He said this is an absolute need for the community, he would hate for there to be instruments that would interfere with it, and he would not want to see a project like this get tied up — asking whether there is a way to waive permits given the focus on relieving societal issues from the pandemic.

Ms. Delgado said the Community Development Department does have a City of Las Cruces permit which encompasses all facilities, so if issues are encountered they should be resolved relatively quickly. She added that as the weather warms up, it has been mentioned to Comcast to get Wi-Fi at some of the parks, and they are willing to think about it.

Mr. Engle agreed this is critical infrastructure and would want it to happen. He said his biggest concern is that the City pays for upgrading Comcast's infrastructure and after a few years the program is no longer needed or the City lets it lapse. Nunez said the state representative said anything that needs to be upgraded would be done through Comcast, and after the three years is up it would be between the City of Las Cruces and Comcast to decide what to do to continue the services.

Engle asked whether, after the three years, another internet provider would be able to use the infrastructure installed by Comcast should the City decide not to continue with Comcast. Nunez said this would be a question that needs to be asked to Comcast.

Chair McClure asked what this would look like if individuals would have to be in a specific location. Nunez said the strength allows square footage of Wi-Fi; it would cover the entire area of the building, and something could be set up for a designated Wi-Fi area for the public.

7.5 Project updates — Top Ten

Skate Park Renovation — has state legislative funding to complete.

ORLPP Grant / Apodaca Park Aquatic Playground — in process of receiving an Outdoor Recreation Legacy Partnership Program grant. The project is underway and a cultural resources study is currently being conducted in order to receive federal funding.

Parks Security and Lighting at Veterans Memorial Park is underway. Electrical upgrades have been accomplished and staff are getting ready to start on the lighting portion — adding pathway lighting at Veterans Memorial Park and also Gomez Park, with state legislative funding.

RTP (Recreation Trails Program) Grant / Las Cruces Lateral Trail — grant received through the Department of Transportation. In the process of negotiating a contract with a firm to get the project under way.

Smart Controllers — used a water smart grant through a federal funding source. The project will be finished by installing booster pumps for the irrigation system at Soldados and Apodaca Park.

Women Veterans Monument — midway through completing a lighting system upgrade and replacement, making electrical upgrades to the facility and ensuring lights are appropriate.

City Bond Median Landscapes Phase 1 — funded by City Bond. Two medians within each Council district are being landscaped, including irrigation. Working with Public Works to construct.

Highland Park — will use Park Impact Fees and HHGRT (Hold Harmless Gross Receipts Tax) funds. Design is complete and staff are preparing to go out to bid for construction. Located near Highland Elementary School, north of US 70 at Emerald Street. Will be a ten-acre park on property leased from the Bureau of Land Management.

Lohman and Runner Medians — received $50,000 from the state legislature to complete this project, accomplishing design of all the un-landscaped medians on Lohman and Roadrunner. A topographic survey of those medians is complete and staff are getting ready to write an RFP for design.

AARP FitLot Outdoor Fitness — a new project, moved up from the On Deck list to the Top Ten list due to the expedited schedule.

7.5 Project updates — Next Ten and the other lists

City Bond Median Landscape Phase 2 — will be starting design.

Metro Verde Subdivision — Ninja Park, Red Hawk Golf Road Landscape, Red Hawk Villas Park.

I10-I25 Interchange improvements — working with DOT.

Chandler Tank improvements — a storm water retention pond located on Sonoma Ranch Blvd. where a neighborhood park will be built out using funding from Public Works.

Las Cruces Soccer Field improvements — capital outlay funding received from the state legislature to make improvements at High Noon soccer fields.

Gomez Park — will conduct a public process to develop a master plan that will include lighting and allow for future improvements.

Doña Ana Move Trail — funded by state legislative grants and a private grant from the Paso del Norte Foundation.

Tortugas Trail — funded by state legislative grants and a private grant from the Paso del Norte Foundation.

On Deck / Upcoming, supported (managed by other departments for which support is offered) — several projects on deck to be reviewed later. Supported projects are mostly GO Bond projects managed by Public Works; Park staff are involved in reviewing plans and providing specifications on particular items.

Parking Lot Items — projects coming up requiring attention that need to be placed on other lists.

Internal — special projects team works closely with the Parks team to accomplish.

Ms. Mathews added these projects provide a lot of new and renovated landscapes, parks and other kinds of facilities for residents.

8. Staff member comments

Ms. Delgado informed the board staff has started on the budget process, and City Council will begin their strategic planning process January 22, 2021.

Mr. Nunez informed the board the Development Diversion Program is still virtual; attendance is going well and staff are doing an amazing job with classes online. Staff will be meeting with the public schools to discuss youth that have fallen off the map and are not involved with the offered virtual learning.

Nunez informed the board the Keep Las Cruces Beautiful program recently completed a mural project by the Youth Conservation Corp program. He said he will have Mr. James Woods, KLCB Coordinator, make a presentation at the next board meeting on the mural project. The mural was tagged and has since been cleaned up by some Youth Board members who volunteered, along with the Facilitator.

Nunez informed the board the Out of School Time Program started back up on January 19, 2021. After School Program tutoring sessions are at about 50% capacity. The A. Fielder Memorial Safe Haven Program is just about at 100% capacity, which is five per session, four sessions throughout the day. Teen Connection is at about 90% capacity, with 40 teens. Nunez said some families are hesitant to get into the programs as they are face to face; masks, distancing and washing of hands are followed.

Mr. Catanach informed the board Meerscheidt Recreation Center is getting a new wood floor in their league gym. The old floor is over 20 years old. The cost of the floor was $128,000 — $78,000 to cover cost is coming from the state legislature and $50,000 from a special fund, funds received from the sale of City of Las Cruces license plates.

Catanach informed the board Frenger Pool is open for lap swim, with temperatures a little low, lingering at about 78 degrees. The Regional Aquatic Center filtration systems went down and are being worked on to get lap swim and channel walk back up. The fitness area at the RAC is open and being used quite steadily. Recreation staff are putting up videos on Facebook on skills development in different sports, crocheting and healthy meals. Catanach said staff are looking at ways to start up recreational programming — small fitness classes, events, music events, recreational offerings — carefully, cautiously, smartly and safely.

Mr. Granillo informed the board staff are working on a debrief of lessons learned from COVID-19 this past year and will come up with a document and template on what to do and prioritize if faced with a situation like this again. Athletic fields are closed but are being prepared for when they do open. Ballfield staff are continuing to work on trails. Construction staff are working with other department staff to address washouts along Triviz trail and relandscaping. Parks Maintenance staff are working with Community Forestry installing irrigation and planting trees, with about 159 trees planted. Staff are also working with Ms. Mathews and her staff on special projects. Granillo said Mr. Catanach has some of his staff working with Park staff identifying damaged, vandalized or end-of-life-span amenities in parks so they can be replaced in the fall.

Ms. Mathews informed the board her staff are working remotely, coming into the office when they can, and staying busy.

Ms. Delgado expressed thanks to Mr. Robert Harrison for being a board member, for being so involved with the Parks and Recreation Department, and said she appreciates his passion for Parks and Recreation. Mr. Harrison expressed that Parks and Recreation staff are an awesome group of individuals, with Ms. Delgado being the hardest worker and amazing; he told the board they are awesome and welcomed Mr. Jeff Thompson as the new board member.

Mr. Ikani Taumoepeau, Assistant City Manager, offered his thanks to Mr. Robert Harrison for his work on the board, and thanked the board and staff. He said he is excited to be here and cannot wait to take the tour of Parks and Recreation.

9. Board member comments

Mr. Montgomery wished everyone a Happy New Year and many great successes for Parks and Recreation in the new year.

Ms. Schuller welcomed Mr. Jeff Thompson to the board and asked he reach out to the rest of the board should he need anything. She wished the Parks and Recreation staff a Happy 2021 and said to make every day better than it was yesterday. She said she is excited to hear about the Comcast Wi-Fi, what a great platform for everybody in the community. Schuller expressed her thanks to Mr. Robert Harrison, wishing him the best of luck and hoping he stays in touch, and thanked him for being a great Chairman and an example for the rest of the board to follow.

Mr. Engle echoed Happy 2021, hoping this year is better than last with hope on the horizon with the vaccine. He thanked staff for the evening's presentations and their hard work, welcomed Mr. Thompson to the board, thanked the board, and told Mr. Harrison he hopes to see him around as a concerned citizen. Engle thanked Mr. Shervanick and all concerned citizens for bringing things to the board's attention, saying democracy works when the board listens to community members and takes action based on their input.

Mr. Thompson expressed appreciation for the warm welcome, saying he is excited to be a part of the board moving forward, and echoed everyone's hope that 2021 is much better than 2020.

Recorded votes

Left open at the gavel