State legislators met with local governmental entities on Jan. 10 to hear their legislative requests for the upcoming session that starts next week.
State Senator Crystal Diamond, Representative Gail Armstrong and Representative-Elect Tara Jaramillo listened to representatives from the City of Truth or Consequences, Sierra Vista Hospital, City of Elephant Butte, Garfield Mutual Domestic Water Consumers Association, Sierra Joint Office on Aging and Sierra County.
This article covers the City of T or C’s requests.
It was hosted by the South Central Council of Governments and was held in the cramped and crammed Red Room at the T or C Civic Center. I knew about it because Jaramillo sent out an email blast. Another member of the public said Armstrong had sent her an email.
Despite not being the host, T or C Assistant City Manager Traci Alvarez met members of the public at the auditorium door and told them, “This is not a public meeting.” When three of us protested, Alvarez let us through to “speak with them,” motioning vaguely to the far room.
In contrast, South Central Council of Governments Director Jay Armijo warmly greeted members of the public to the Red Room, apologizing for the cramped quarters, even offering lunch to the people.
T or C violated the state Open Meetings Act by not giving public notice of the meeting, since a quorum of the city commission was present: Mayor Amanda Forrister, Mayor Pro Tem Rolf Hechler and City Commissioner Merry Jo Fahl.
T or C representatives spoke frankly with legislators, revealing how badly the city is doing—a stark contrast from city commission meetings in which reports are scant, superficial and cheery, not alarmist.
Mayor Amanda Forrister actually admitted “Years of city mismanagement are coming down on us.” She absolved herself and her fellow commissioners of blame, however, claiming it was “not this city commission” that was responsible for the mismanagement.
It may be the obvious mismanagement that makes state and federal officials withhold grant money from T or C.
City Manager Bruce Swingle told legislators, “It doesn’t make sense to retain the match protocols,” for T or C, referring to the usual requirement that cities put up 40 percent or more of the cost of an infrastructure project in order to qualify for a 60 percent or less grant.
But utilities grants are tough to get because they are supposed to be self-supporting. Revenue from rate payers are supposed to cover operations, maintenance and capital projects—which requires careful long- and short-term planning and daily management to ensure rates are set correctly and the money is not wasted. Why should match requirements be set aside for T or C, which neglected its utilities for 60 years?
Because it’s all falling apart at once and the city has no more debt capacity, Swingle’s arguments to legislators ran, ignoring past bad-management issues.
“We need $20 million to pay for water lines that are breaking down,” Swingle said. “From January to October 2022 there were 416 water breaks. Within 48 hours another leak forms three feet away, finding the next vulnerable spot.”
“We are losing 200 million gallons a year—43 percent of the water we produce annually,” Swingle said.
“We are literally at crisis,” Swingle said. “The Main Street project (waterline replacement downtown) will cause more leaks—the vibrations, etc.”
The wastewater utility is also in major trouble, reported by Alfredo Holguin, an engineer with Wilson & Company, which has an on-call engineering contract with the city. It appears Holguin may have an additional contract with the city, because he stated, “I am the city’s water and wastewater engineer.”
“The state just did an inspection of the wastewater treatment plant because of major concerns,” Holguin said, referring to the New Mexico Environment Department.
The city needs $1.5 million to fix the “entrance works,” which is the NMED’s “greatest concern,” Holguin said, but also “the clarifier shifted,” and the “biological process that breaks down the solid waste” needs to be automated.
“The city is still meeting regulations, but soon the effluent will not,” Holguin warned, referring to the Environmental Protection Agency’s Clean Water Act and National Pollutant Discharge Elimination Permit requirements. The city’s treated wastewater goes into the Rio Grande.
Swingle said he asked U.S. Senator Martin Heinrich for a “$54 million congressional, direct-spend” grant, but the city only received $1.6 million.
The water and wastewater utilities, Swingle said, have so many loans out, their debt capacity is exhausted. “Taxpayers are doing what they can do,” Swingle said, paying ever-increasing water rates and passing two general obligation bonds.
Besides the $20 million for water and $1.5 million for wastewater, Swingle asked legislators for $450,000 to build an addition to the animal shelter that will house 10 new kennels, a bathing room and a euthanasia room. He also asked for $282,000 to repair streets affected by the Main Street waterline replacement.
Armstrong said, “I understand it’s all hitting at once, but $20 million—even if all of us pooled our money it wouldn’t touch that.”
Diamond said she, as a senator, gets $3.6 million and Armstrong and Jaramillo together will get “half that, to be spread over four counties.”
“Have you gone to the governor?” Armstrong asked Swingle.
“Yes,” Swingle said, explaining that he approached the governor with Martin Chavez, who, according to Wikipedia, was mayor of Albuquerque for four years and then again for eight years and is the director of the non-governmental organization, ICLEI – Local Governments for Sustainability.
Chavez and Swingle requested an “emergency infrastructure” grant from “the state board of finances,” Swingle said, “but they don’t have the capacity.”
“I advise you wait until it’s an emergency,” Armstrong said. “I think all of us are intending to speak with the governor. But you can’t strip out all the lines, spending $20 million. Start with $5 million.”
Swingle explained the $20 million is needed for extreme problem areas, “the top three with the most water loss, the most main waterline leaks.”
Diamond said the $20-million request “is unrealistic.” She recommended the city again seek to tap “the governor’s capital.” In addition, the city should “draft a letter” meeting “emergency-fund regulations,” which the legislators can use during the legislative session.
“I don’t think a bill will solve your problems either,” Diamond said.
“We all know that the city’s water problem is the biggest problem in the county,” Diamond said. “We are willing to sound the alarm.”
Diamond went on to praise the city’s animal shelter. “I have visited nearly every animal shelter in the state and yours is the best in my district and the cleanest. The staff is great. They are doing a great job placing animals with social media.”
Reading Kathleen’s article would have made me laugh if it wasn’t too full of painful truths. I am astounded by the level of justification for begging when the cause has been at your door for so many years. Ironically, City Manager Bruce Swingle’s awards and praise of City employees efforts in his “accomplishments” has a small ring of truth, when viewing the negative consequences of generational mismanagement which he is soon to leave behind.
Mayor Amanda Forrister admission that: “Years of city mismanagement are coming down on us.” but, claiming it was “not this city commission” that was responsible for the mismanagement makes me ask Where were you in those years and why didn’t you raise your voices to your representatives.? Though silence is occasionally considered golden, in these circumstances it could be perceived as cowardice or a sin of omission. The people of this community have been discouraged from speaking out on such issues by elected officials in all the twenty some years that I have been here. I have spoken out against the mismanagement for the over 14 years and have been treated with derision, disrespect and even arrests for my efforts, though I have met with every manager and offered my assistance in city problem resolution. So now you cry “not my fault”! Sorry, but you are just as guilty in your acceptance of your “good ole boy” predecessors’ actions. When you get over your superiority egos and listen to the community you will find answers to the problems, however none will be pleasant walks in the park. It is pure hubris to expect the State to bail you out of the morass that you’ve helped create. You’re best first step is cutting the fat, patronage and frills that serve only yourselves and those you hire, and that will require a very large chopping block. Sometimes you actually get what you deserve.
Given the fact that 40% of our water is being wasted through leaks : while cost cutting (where exactly?) is a good long term suggestion, it is no solution to an immediate problem which, no matter the cause, needs a more immediate solution. Swingle – despite any political disagreements anyone might have – is a very competent manager who is leaving soon, in part I think because of the mess the city has created and the unwillingness of elected officials to deal with it. And in the meantime state and local elected officials and some engaged citizens, standing on the deck of a sinking Titanic, are arguing about who gets the best deck chairs.
With the huge influx of oil and gas revenue there must be some way to get more money. Which, by the way (investment in infrastructure) would create more high paying jobs.
I wonder if any of the Spaceport’s paying clients might be willing to speak up. Maybe that is also “unrealistic” but at this point any idea is a good idea. I hope we can see our city commissioners up in Santa Fe during the legislative session working their BUTTS off to reverse some of the ineptness of their predecessors. I’m sure Mr. Swingle is doing all he can.
This following paragraph in quotes is an excerpt from Kathleen Sloan’s article:
“The wastewater utility is also in major trouble, reported by Alfredo Holguin, an engineer with Wilson & Company, which has an on-call engineering contract with the city. It appears Holguin may have an additional contract with the city, because he stated, “I am the city’s water and wastewater engineer.””
I looked over the city’s contracts years ago. If I recall correctly the city had not advertised/competed for the renewal of engineering services. They just renewed(extended) the existing engineering contract. Importantly, the city did not cost out rates for the specialty engineers utilized during the base year, and then add a percentage increase for each of the job categories under the contract for each following option years of the contract. Engineering services under contract are typically work order type contracts. Each work order is sequentially numbered and contain a specific scope of work with specific deliverables and a work order dollar ceiling and time frame that the work order is to be completed. Importantly, a work order specific dollar amount cannot be exceeded in providing the work order’s deliverables. Similarly the total work orders competed under the engineering contract cannot exceed a ceiling dollar amount that was in the original contract. This original ceiling dollar amount cannot be increased.
It would be good for Bruce to report back to the city Commission and the public on the status of existing ongoing contracts. That is, provide a written report to the city on each ongoing contract that would include: 1 name of contractor, 2. Type of Services, 3.period of contract(i .e., start & end dates for, base period, option period(s), 4. dollar ceiling amount of contract, 5. contracts job categories and their respective pay rates for base year and escalation rates for option years.