Albuquerque City Councilors Martin Heinrich and Isaac Benton are seizing a rare opportunity to expand existing recreational open space in the rapidly developing East Mountains.

R-07-260, if approved by the City Council, will allow for purchase of four hundred and twenty acres of land adjacent to existing city open space at a fraction of its actual cost. It will also provide easy public access from the Turquoise Trail to the forested side canyons and high rim rock outcrops of Gutierrez Canyon. Since its purchase in 1963, access to the 300-acre Gutierrez Canyon Open Space has been limited to an area through a nearby residential neighborhood.

“The purchase of this 420-acre parcel creates the opportunity for a new trailhead and parking facilities, just off of NM 14, the Turquoise Trail Scenic Byway. Protection of the parcel will also formalize trails that criss-cross the property and are already used by the public,” said Councilor Heinrich.

In 2007, the State Legislature allocated $1.25 million in funding for the project and the State Energy, Minerals and Natural Resources Department committed an additional $250,000. The City of Albuquerque’s contribution would be no more than $500,000 from the Capital Implementation Program, although the land would be entirely deeded to the City of Albuquerque by the Trust for Public Land.

“This valuable piece of land is being made available to the City of Albuquerque for a fraction of the cost that we’d have to spend outright for its purchase. I’m thrilled about the opportunity to not only make a great buy, but to simultaneously conserve natural and archaeological resources, protect wildlife habitat, and provide opportunities for outdoor education and recreation,” added Councilor Benton.

R-07-260 was introduced at last night’s City Council meeting and will be heard when the City Council re-convenes in August.

For more information, please contact Kara Shair-Rosenfield (768-3186), Policy Analyst to City Councilor Isaac Benton, District 3, or Javier Benavidez (768-3152), Policy Analyst to City Councilor Martin Heinrich, District 6.

It is reported that on June 11, 2007 Mayor Chavez issued an executive order banning smoking on all City property including parks, bus stops, golf courses, Isotopes Park and Sunport grounds. The Mayor neither discussed with the City Council his intention to take this action nor has he provided a copy of the executive order to the Council. Many people who understand how laws are supposed to be adopted are upset with the Council because they mistakenly believe that this ban has been imposed by the Council.

It is the City Council and not the Mayor that has the authority to establish, by ordinance, those activities that are subject to penalties. The Mayor has acknowledged, in his statements to the press, that he is without authority to impose any fines or legal penalties for violation of his order.

Even though there is no enforcement authority, the Mayor has stated that he wants the order “enforced by Albuquerque residents, city workers and police officers.” Having individuals enforce a policy that has no enforcement mechanism is apparently asking those individuals to enforce this ban through confrontation and/or intimidation, which could easily lead to unfortunate consequences.

“I am not opposed to expanded limitations on smoking,” said Councilor Winter. “I do believe that creating rules that prohibit citizen activities should be done in an open process after public discussion. To simply impose rules without advanced notice or the opportunity for citizen input is contrary to how government should operate. State statutes, the City Charter and City ordinances require that laws not be adopted in private but rather publicly. That public process is what governs the adoption of ordinances by the City Council. For the Mayor to act by executive order is contrary to the principles of open government.

“Rather than prohibit smoking through an unenforceable executive order, I call upon the Mayor to propose legislation for City Council consideration,” stated the Councilor. “This will allow a careful consideration of the wisdom and scope of any expansion of the current law. The City Council has procedures that require that the public be allowed input before an ordinance is adopted. That process should not be sidestepped by use of an executive order.”

About 70 neighborhood people attended open meetings on Wednesday, May 30th and Thursday, May 31st, 2007 to give input about liquor sales at convenience stores in the South San Pedro, Parkland Hills, Trumbull Village and La Mesa neighborhoods in District 6.

City Councilor Martin Heinrich has spearheaded a drive to crack down on alcohol-selling convenience stores that are not good neighbors, so he attended and helped organize both meetings to hear concerns from the public about the 7-Eleven at 5401 Kathryn SE and the Circle K at 7817 Central SE.

The 7-Eleven was ordered to stop selling miniature containers of alcohol in April, after Heinrich worked with neighborhood leaders to bring the issue to the state’s Special Investigations Division.

The Circle K has the most calls for service to APD of any convenience store in Albuquerque, according to police records. Both convenience stores are located well within several blocks of elementary schools and parks.

What is important, though, is that calls for service for almost all of the 14 convenience stores across the city that signed a nuisance abatement agreement Heinrich introduced in October 2005 have decreased, police records show. Heinrich pushed for the agreement because it made convenience store managers know that they had to take the proper precautions when selling alcohol, especially around neighborhoods and schools, he said.

“Appropriate oversight is very valuable,” Heinrich said at Wednesday’s meeting. “I want to thank everyone who came for standing up for their neighborhoods.”

Convenience stores that sell alcohol have a responsibility to the neighborhoods they impact, Heinrich said. Even though calls for service have gone down across the board, Heinrich said public meetings like the ones held last week are a necessity, so state officials can understand how constituents feel about convenience stores in their neighborhoods.

“It’s important, when you situate these stores next to neighborhoods and schools, to monitor how alcohol sales occurred,” he said. “These meetings are a good first step, and they let us hear exactly what problems are going on.”

Citizens who have complaints about convenience stores that sell alcohol can fill out an online form through the Licensing and Regulation Department They can also print out a form to enter and mail.

For more information, please contact Javier Benavidez in the Office of City Councilor Martin Heinrich at 768-3152.

Under the Code of Ethics, there is a seven member Board of Ethics and Campaign Practices, three of whom are appointed by the Mayor, three of whom are appointed by the Council, and a seventh member who is chosen by the other six members.

A Council appointed position has become vacant and Jolene Wolfley's name has been put forward by the Council to fill the position. OC-07-15 is available to review the nomination and Ms. Wolfley's resume.

Public comment is welcome concerning this nomination until June 18th, 2007. Please contact Laura Mason (505) 768-3112.