Public Deliberations versus Administrative Adjudicatory Deliberations:

The introduction to the Seventh Edition of the Open Meetings Act Compliance Guide published by the Office of the New Mexico Attorney General, Gary K. King, opens with the following paragraph: 

Public access to the proceedings and decision-making processes of governmental boards, agencies and commissions is an essential element of a properly functioning democracy.  In a comment applicable to open government, Justice Louis Brandeis once observed that "sunshine is the best disinfectant." I agree wholeheartedly.  As former President Harry S. Truman later put it even more succinctly; "Secrecy and a free, democratic government don't mix...." ~ Gary K. King, Attorney General, 2010.

The current edition of the Open Meetings Act Compliance Guide includes a section on the Administrative Adjudicatory Deliberation (AAD).  It indicates that this mechanism is an exception to the OMA and one which was primarily intended for use in personnel matters.  The exception has been extended to include other matters involving confidential information.  However, the Compliance Guide also includes the following admonition: 

“Public bodies may not misuse the exemption as a means of avoiding the open meeting  requirements.”  (An excerpt of the Commentary following Example 46 on p. 24 taken from the Open Meetings Act Compliance Guide;  Seventh Edition, 2010.)

It may, indeed, be true that the New Mexico Municipal League (NMML) is seeking to establish a new "gold standard" for all quasi-judicial matters in which decision-making bodies retreat into closed sessions for deliberations and the making of decisions, but other than the Mayor's remarks at last week's Council meeting, I have found no indication that this is the case.  I have seen no evidence that any other jurisdictions in the area routinely use closed deliberations in land use matters or contemplate doing so. 

Edgewood's legislative wish-list will be voted on during Wenesday's council meeting:

The Mayor has published a proposed set of priorities for the Council's approval on Wednesday.  You might want to attend the meeting and contact the governing body in advance of the meeting if you have questions about these requests.  The Infrastructure Capital Improvement Plan or ICIP is a long name for the wish lists presented by local governments to the legislature for funding.  The council will vote on Resolution 2013-20 and the accompanying list of prioritized requests during the September 4, 2013 Council meeting. That night's agenda shows that a representative from Santa Fe County will be present to discuss its priorities for the ICIP. 

Commission Packet Links for September 3, 2013

The following packet information for the September 3, 2013 P&Z meeting has been posted at the town website:

Agenda
Minutes for 08 20 2013
Lumpkin Annexation Request

I have also placed copies of these documents in this folder on Drive. 

Council Packet on Drive:

The council packet information can also be found in this folder on Google Drive. 

September 4, 2013 Council Agenda with Links to Packet Information:

                                                                    AGENDA
                                                        TOWN OF EDGEWOOD
                   REGULAR COUNCIL MEETING – SEPTEMBER 4, 2013 @ 6:30 P.M. 

EDGEWOOD COMMUNITY CENTER – #27 E. FRONTAGE ROAD.  

     PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING. THANK YOU.
(The Town of Edgewood Council is pleased to have residents of the community take time to attend Council Meetings. Attendance and participation is encouraged. Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepare. PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION. Written comments are welcomed and should be given to the Clerk-Treasurer prior to the start of the meeting).

Links to Council Packet information: 
council min 8-21-2013-08302013132232
ord. 2013-02-08302013140259
dfa approval-08302013140427
cirrus builders annex_-08302013134840
P & Z minutes 8-20-2013-08302013130011
council agenda 9-4-2013 1-08302013135112
res. 2013-20 ICIP-08302013132145

Proposed agenda for P&Z September 3, 2013:

                                                            AGENDA
                                              TOWN OF EDGEWOOD
                        PLANNING & ZONING COMMISSION MEETING
                                      SEPTEMBER 3, 2013 AT 6:00 PM
               27 E. FRONTAGE ROAD, EDGEWOOD COMMUNITY CENTER

Civic Involvement Part 3: The Legal Context

It is helpful for citizen advocates to keep the full legal context in mind when preparing to meet with town staff or speak at a meeting. In this post, I'll share some tips I've learned from watching what works and what does not. The second post in this series covered the general context of how the town operates with regard to legal issues, budget matters, and adopted policies. When focusing on the legal context, you'll want to keep the following hierarchy in mind because there are laws which supersede local ordinances and may place limits on the town's discretion to act in certain matters. 

1. The Constitution of the United States of America plus applicable federal statutes, case law and regulations;
2. The Constitution of the State of New Mexico plus applicable state statutes, case law and regulations;
3. Ordinances of the Town of Edgewood, New Mexico plus adopted resolutions and relevant court orders;
4. Town of Edgewood Comprehensive Land Use Plan. (This document is advisory; it may be cited as a basis for making decisions but the goals stated in the plan are not legally binding.)

Next P&Z Meeting:

During calendar review at the last meeting, the Commission scheduled its next regular meeting for Tuesday September 3, 2012.  The meetings begin at 6:00 PM and are usually held in the Edgewood Community Center. The agenda and meeting packet should be available by Friday, but may not be available until Monday if the information is not given to the town's webmaster before the end of the work week.  I will post links to the information as soon as its available. 

Details published for the second Section 16 public meeting:

A new press release was posted at the town website yesterday.  However, the posting appears to contain a typo; I believe the next meeting will be held in the cafeteria of the Edgewood Middle School on Saturday September 21, 2013 from 10:00 AM until Noon. (The posting at the town website says Saturday September 22.)

Based on input received so far, possible new or expanded* uses suggested include:

1. Educational uses; 
2. Recreational trails and amenities; 
3. Public facilities;
4. Healthcare facilities; 
5. Senior housing; 
6. Economic development in the form of a technology center or business park.

If you have other ideas or would like to provide additional input about suggestions already proposed it's important to attend this meeting. The State Land Office hopes to have an updated Master Plan ready for review and approval by the town within six months of the July signing of the Joint Powers Agreement. 

*Edgewood Elementary and Edgewood Middle School are already located on Section 16.  Although there are no immediate plans to build another high school, the Moriarty-Edgewood School District intends to reserve at least 70 acres, and probably more, for future use.  First Choice medical clinic is planning to build a new facility on Section 16, and various entities are discussing the possibility of renting part of the space to another healthcare provider who would operate an urgent care clinic.  The town already has one athletic field and pavilion located on Section 16 and there is more land held by town lease which could be used for further expansion of recreational facilities.  

P&Z Agenda and Packet Information for Tonight's Meeting:

The information was not forwarded to the town's webmaster last week, but I was able to obtain it from the Town Clerk this morning.  You may view the packet which includes the agenda for tonight's meeting along with the minutes and findings of fact from the previous meeting in a Commission Packet folder on Drive. 

Civic Involvement Part 2: Legal and Fiscal Constraints

This post is a revised and updated version of an old post in which I summarized a discussion about ideas brought to the council which ended up going nowhere. One of the misconceptions many people have about the town is that because we voted to incorporate, we are free to do as we please.  It's an idea which is inviting to some, but it's not really feasible; town officials have an obligation to the oath of office in which they affirm that they will uphold the U.S. Constitution, the N.M. Constitution, and the town's own ordinances.

Council Packet information for August 21 is now available:

You may view the packet on Google Drive or at the town website:

1. Cashatt appeal documents
2. Cashatt subdivision application
3. July 2013 Treasurer's Report
4. ICIP 2014-2018
5. Edgewood Community Library Report for July 2013
6. Library Advisory Board Report of July 18, 2013
7. Animal Control Report July 2013
8. Edgewood Police Department Report July 2013
9. P&Z Minutes of August 6, 2013
10. Council Minutes of August 7, 2013

Discussion of NM Water Issues:

For those of you who are interested in learning more about NM water issues, The Democratic Party of Santa Fe County has announced that water will be the discussion topic of its upcoming "Third Wednesday" meeting which will be held on August 21, 2013 from 6:00-7:30 PM at the Center for Progress & Justice which is located at 1420 Cerrillos Road in Santa Fe, NM.  The person who called my attention to the event says that it is free and open to the public.

Scheduled participants include:  

• Peter Wirth: Chair, Senate Conservation Committee
• Brian Egolf: Chair, Senate Natural Energy & Resources Committee
• Cart Trujillo: House Science, Technology, and Telecommunications
• Nancy Rodriguez: State Senator
• Jim Trujillo: State Representative 
• Stephanie Garcia Richard: State Representative

Council Agenda August 21, 2013:

                                                         AGENDA
                                            TOWN OF EDGEWOOD
                  REGULAR COUNCIL MEETING – AUGUST 21, 2013 @ 6:30 P.M.
                 EDGEWOOD COMMUNITY CENTER – #27 E. FRONTAGE ROAD
             PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING
                                                       THANK YOU.

(The Town of Edgewood Council is pleased to have residents of the community take time to attend Council Meetings. Attendance and participation is encouraged. Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepare. PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION. Written comments are welcomed and should be given to the Clerk-Treasurer prior to the start of the meeting).

Information added to the Campbell Ranch MP page:

I've added a link and information to the timeline about the appeal of the 2007 decision by P&Z granting approval of two preliminary plats.  The appeal was heard in March of 2008. 

Land use in this week's news:

The Mountain View Telegraph ran stories this week on the Section 16 meeting, the EMW regional water authority, and the celebration which followed the ribbon-cutting ceremony at the arena. 

Several people who were not able to attend the Section 16 meeting have asked about my impressions of Saturday's discussion.  I submitted a letter which was printed in The Independent this week and appears at the bottom of page 6.  I believe there will be a news story about the meeting in next week's edition. The Independent's lead story for this week on Torrance County's approval of EMW's plan to form a regional water authority is worth taking the time to read.  The plan has implications for all residents of the East Mountains even though Edgewood is not included in the plan at the present time. 

The Independent also ran a picture of the ribbon-cutting ceremony at the new arena located just north of I-40 next to Wildlife West.  That ceremony represents the culmination of a project which has been in the works for a number of years. The focus of much of the publicity has been on equestrian uses, but promotional literature advertises a picnic area and hiking trails as well. 

Edgewood P&Z debuts the Administrative Adjudicatory Deliberation:

That is the title of a new procedure which the Edgewood Planning & Zoning Commission is now using in public hearings.  For those of you who have asked for more information, the best I can do at this time is direct you to the Open Meetings Act (OMA) Compliance Guide published by the office of the New Mexico Attorney General.  A description of the process followed by the comments of the Attorney General can be found on page 24 of the guide. 

Like many facets of public policy there are at least two sides to every question.  It appears that this process is legal for use in limited circumstances. The second criterion listed in the AG's opinion does not seem to have been met for the use to which the AAD was put on Tuesday. However, keep in mind that the AG's opinion is just that; an opinion. The "present administration" appears to prefer the legal opinions of the New Mexico Municipal League which often has its own interpretations of state law.

Mark your calendar for the next Section 16 public meeting:

The next meeting designed for public input on Section 16 is scheduled for Saturday September 21, 2013 at 10 A.M.  I need to confirm more details before posting the location and format of the meeting. 

Please mention the meeting to your friends and neighbors; especially those who live "next door" to Section 16. Several of the people who attended last Saturday's meeting live near Section 16, but I was disappointed that I didn't see anyone from the neighborhoods which will be most affected. 

Final council agenda with links to council packet information:

You may view council packet information in this folder on Drive or at the Town of Edgewood website: 

Documents attached 2013_08_02_17_22_19

AGENDA

TOWN OF EDGEWOOD REGULAR COUNCIL MEETING – AUGUST 7, 2013 @ 6:30 P.M.EDGEWOOD COMMUNITY CENTER – #27 E. FRONTAGE ROAD

PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING: THANK YOU.

(The Town of Edgewood Council is pleased to have residents of the community take time to attend Council Meetings. Attendance and participation is encouraged. Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepare. PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION. Written comments are welcomed and should be given to the Clerk-Treasurer prior to the start of the meeting).  

Civic Involvement Part 1: Making Your Case to the Town

This is a revised and updated version of a post originally published on one of my other blogs. It was part of a series of posts designed to help people who are unfamiliar with the process navigate land use matters successfully.  Following the page break, I've listed some things to keep in mind before appearing to speak at a meeting or to give testimony at a public hearing.

P&Z Packet for Tuesday's meeting has been uploaded:

You may view the packet either in the Commission Packet folder on Drive or at the Town Website. 

Something new:

I've added a search feature in the upper left sidebar which is set to allow searches of the Portal and sites linked to from the Portal. However, because searches of the Google Drive folders failed to yield consistent results, they are not included at this time. [ETA on 01 09 2015: the search feature has been temporarily discontinued because it was giving inconsistent results.]

Final Council Agenda

AGENDA

TOWN OF EDGEWOOD

REGULAR COUNCIL MEETING – AUGUST 7, 2013 @ 6:30 P.M.

EDGEWOOD COMMUNITY CENTER - #27 E. FRONTAGE ROAD

PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING

THANK YOU.

(The Town of Edgewood Council is pleased to have residents of the community take time to attend Council Meetings.  Attendance and participation is encouraged.  Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepare.  PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION.  Written comments are welcomed and should be given to the Clerk-Treasurer prior to the start of the meeting).

JPA for State Lands within Municipal Boundaries:

I've placed a draft copy of the Joint Powers Agreement (JPA) between the State Land Office and the Town of Edgewood in the Development Review and Master Plans folder on Drive.  However, please note that the JPA is intended to apply other state lands located within municipal boundaries as well.  Although the document posted is unsigned, my records indicate that it was approved by the Council as written. When I obtain a signed copy, I will replace the draft. 

Section 16 meeting confirmed:

Several people have expressed reservations due to the lack of coverage in the local papers about the event.  This morning, I received confirmation from Ms. Karin Stangl that the meeting for tomorrow is still on the schedule. I hope that the meeting will be well attended.  If you cannot attend, please let me know and I will do what I can to facilitate delivery of written comments. Ms. Stangl provided me with another copy of the media advisory document.

I have added the document to the Drive folders set aside for Development Review and Section 16. You may obtain press releases directly from the State Land Office by going to the press release page.  I have also added a link to the SLO homepage in the links list in the left sidebar. 

Section 16 in the news:

The coverage of the Section 16 updates in the July 17, 2013 edition of The Independent provides important background information.  The story begins on the front page and continues on page 14. 

Section 16 Master Plan page has been updated:

I've included the latest information I have on the joint activities of the town and the state land office to the introductory material on the Section 16 page.  I've also added links to relevant council minutes through June 2008 on the timeline.

Press Release from the State Land Office:

The town website now contains more information on Saturday's meeting for public input on planned updates to the Section 16 Master Plan. Contact information for the event includes the following:

Karin Stangl:  Assistant Commissioner of Communication for the New Mexico State Land Office.
Amy Bell: Morrow Reardon Wilkinson Miller (Landscape Architects).

P&Z Agenda:

 AGENDA

 TOWN OF EDGEWOOD

  PLANNING & ZONING COMMISSION MEETING
  AUGUST 6, 2013 AT 6:00 PM
  27 E. FRONTAGE ROAD, EDGEWOOD COMMUNITY CENTER