Governing Body
Regular MeetingSanta Fe, NM · January 25, 2023
Agenda
REGULAR MEETING OF
THE GOVERNING BODY
JANUARY 25, 2023 5:00 PM
AGENDA COUNCIL CHAMBERS, CITY
HALL
200 LINCOLN AVENUE
PROCEDURES FOR GOVERNING BODY MEETING
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legislation by clicking on the comment bubble to the right of the meeting on the public
portal at https://santafe.primegov.com/public/portal until 1 p.m. the day of the meeting.
Live Public Comment: Members of the public may provide public comment in person
during Petitions from the Floor, Public Comment, Final Action on Legislation, or Public
Hearings.
Virtual Public Comment: To provide public comment during Petitions from the Floor,
GOVERNING BODY MEETING
Wednesday, January 25, 2023
Page 1 of 14
Public Comment, Final Action on Legislation, or Public Hearings virtually, you must join
the Zoom meeting by internet or phone, as follows:
Internet: To join the Zoom meeting on the internet using a computer, laptop,
smartphone, or tablet, use the following link: https://santafenm-
gov.zoom.us/j/89251112316.
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the Mayor to speak at the appropriate time.
The agenda and packet for the meeting will be posted at
https://santafe.primegov.com/public/portal.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
Councilor Romero-Wirth
3. SALUTE TO THE NEW MEXICO FLAG
Councilor Lee Garcia
4. INVOCATION AND REMEMBRANCES
Councilor Chavez
5. ROLL CALL
6. APPROVAL OF AGENDA
7. APPROVAL OF CONSENT AGENDA
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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8. PRESENTATIONS
a. Audit Update for FY21. (Emily Oster, Finance
Director: ekoster@santafenm.gov, 505-629-3411)
9. ACTION ITEMS: CONSENT AGENDA
a. Request for Approval of the December 14, 2022 Regular Governing Body
Meeting Minutes. (Geralyn Cardenas, Assistant City Clerk:
gfcardenas@santafenm.gov; 505-955-6519)
Committee Review:
Governing Body: 01/25/2023
b. Request for Approval of the December 21, 2022 Special Governing Body
Meeting Minutes. (Geralyn Cardenas, Assistant City Clerk:
gfcardenas@santafenm.gov; 505-955-6519)
Committee Review:
Governing Body: 01/25/2023
c. Request for Approval of Liquor Hearing Officer’s Recommendation to
Approve the Request from Starry Nights Beverage, LLC, for a Transfer of
Ownership and Location of Inter-Local Dispenser Liquor License No.
28082, from Pink Adobe, 406 Old Santa Fe Trail, to Inn of the Five
Graces, 406 Old Santa Fe Trail & 150-160 E. De Vargas Street, Santa
Fe. (Alexandria Mares, Marketing & Special Events
Coordinator: armares@santafenm.gov, 955-6520)
Committee Review:
Liquor Hearing: 01/09/2023
Governing Body: 01/25/2022
d. Request for Approval of Liquor Hearing Officer’s Recommendation to
Approve the Request from Starry Nights Beverage, LLC, for a Transfer of
Location Only of Inter-Local Dispenser Liquor License No. 28081, from
Inn of the Five Graces, 150-160 E. De Vargas Street, to Inn of the Five
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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Graces #2, 330 Old Santa Fe Trail & 129-141 E. De Vargas Street, Santa
Fe. (Alexandria Mares, Marketing & Special Events Coordinator:
armares@santafenm.gov, 955-6520)
Committee Review:
Liquor Hearing: 01/09/2023
Governing Body: 01/25/2023
e. Request for Approval of Liquor Hearing Officer’s Recommendation to
Approve the Request from Taurus Adelfi, LLC, for a Transfer of
Ownership of Inter-Local Dispenser Liquor License No. 2574 with On-
Premises Consumption Only and Patio Service, to Remain Located at
The Bull Ring, 150 Washington Avenue, Suite 108, Santa Fe. (Alexandria
Mares, Marketing & Special Events Coordinator:
armares@santafenm.gov, 955-6520)
Committee Review:
Liquor Hearing: 01/09/2023
Governing Body: 01/25/2023
f. Request for Approval of Liquor Hearing Officer’s Recommendation to
Approve the Request from Yin Yang Chinese Cuisine LLC, for a
Restaurant A (Beer & Wine) Liquor License, to be Located at Yin Yang
Chinese Restaurant, 418 Cerrillos Road, #A, Santa Fe. (Alexandria
Mares, Marketing & Special Events Coordinator:
armares@santafenm.gov, 955-6520)
Committee Review:
Liquor Hearing: 01/09/2023
Governing Body: 01/25/2023
g. Request for Approval to Purchase a Vactor Ace Easement Machine for
the Wastewater Collections Division with Pete’s Equipment Repair in the
Total Amount of $111,506.25. (Benjamin Sandoval, Wastewater
Collections Manger: basandoval@santafenm.gov, 505-955-4632)
1. Request for Approval of a Budget Adjustment Resolution from the
WWMD Cash Balance in the Amount of $111,506.25.
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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Committee Review:
Public Works and Utilities Committee: 01/09/2023
Finance Committee: 01/17/2023
Governing Body: 01/25/2023
h. Request for Approval of Contract with MISCOwater/TW Associates to
Purchase and Install Two Polymer Dosing Systems in the Total Amount
of $71,113.75. (P.Fred Heerbrandt, P.E.,
Engineer Supervisor: pfheerbrandt@santafenm.gov)
1. Request for Approval of a Budget Adjustment Resolution from the
Wastewater Management Division Cash Balance In the Amount of
$71,113.75.
Committee Review:
Public Works and Utilities Committee: 01/09/2023
Finance Committee: 01/17/2023
Governing Body: 01/25/2023
i. Request for Approval of Telecommunications Agreement with Century
Link/Lumen Amendment No. 1 to SPA #20-361-0021-04390 to Add the
City of Santa Fe to the SPA for Network Security, Bandwidth and Content
Filtering in the Total Amount of $430,884.00 for Thirty Six Months.
(Manuel Gonzales, ITT Department
Director, mmgonzales@santafenm.gov, 505-955-5576)
Committee Review:
Finance Committee 01/17/2023
Quality of Life Committee 01/18/2023
Governing Body 01/25/2023
j. Request for Approval of Amendment No. 1 to American Rescue Plan Act
(ARPA) Recovery Funds Subrecipient Contract No.22-0477 in the Total
Amount of $900,000 for Early Childcare Job Development Services with
the Santa Fe Community College Early Childhood Education Center of
Excellence (SFCC-ECCOE). (Julie Sanchez, Youth and Family Services
Division Director: jjsanchez@santafenm.gov, 505-955-6678).
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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Committee Review:
Finance Committee: 1/17/2023
Quality of Life Committee: 1/18/2023
Governing Body: 1/25/2023
k. Request for Approval of Memorandum of Agreement No. 2022-0233-
CSD/MM with Santa Fe County to Receive $100,000 in County American
Rescue Plan Act (ARPA) Funding for Prevention and Intervention
Programs to Address Youth and Community Violence Through a
Collaborative Violence Prevention Unit. (Julie Sanchez, Youth and Family
Services Director: jjsanchz@santafenm.gov, 505-955-6678 and Sophie
Andar, Youth and Family Services Program Manager:
sxandar@santafenm.gov, 505-955-6236)
Committee Review:
Finance Committee: 01/17/2023
Quality of Life Committee: 01/18/2023
Governing Body: 01/25/2023
l. Request for the Approval of State of New Mexico Aging and Long Term
Services Department Grant Agreement in the Total Amount of
$268,841.12 for the Foster Grandparent, Senior Companion, and Retired
Senior Companion Volunteer Programs, Term Ending June 30, 2023
(Anya Alarid, Senior Services Program Manager:
aalarid@santafenm.gov, 505-955-4744).
Committee Review:
Finance Committee: 1/17/2023
Quality of Life: 1/18/2023
Governing Body: 1/25/2023
m. CONSIDERATION OF RESOLUTION NO. 2023-__. (Councilor Cassutt)
A Resolution Approving the Updated Santa Fe Trails Agency Safety Plan
and Directing its Submission to the Federal Transit Administration. (David
Chapman, Technical and Grant Writer: dachapman@santafenm.gov,
505-955-6824)
Committee Review:
Governing Body (Introduced): 01/11/2023
Public Works and Utilities Committee: 01/23/2023
GOVERNING BODY MEETING
Wednesday, January 25, 2023
Page 6 of 14
Governing Body: 01/25/2023
n. CONSIDERATION OF RESOLUTION NO. 2023-__. (Mayor Webber,
Councilor Chavez, Councilor Romero-Wirth, Councilor Cassutt
and Councilor Lindell)
A Resolution Relating to Firearms; Recognizing that Certain City
Properties are Used for School-Related Activities, Which Makes the
Carrying of a Deadly Weapon on Such Properties a Fourth-Degree
Felony Pursuant to NMSA 1978, Section 30-7-2.1; and Directing the City
Manager to Work with Staff to Post Notice on Such Facilities. (Kyra
Ochoa, Community Health and Safety Department Director:
krochoa@santafenm.gov)
Committee Review:
Governing Body (Introduced): 11/30/2022
Quality of Life Committee (Postponed): 12/7/2022
Quality of Life Committee: 01/04/2023
Public Works and Utilities Committee: 01/09/2023
Finance Committee: 01/17/2023
Governing Body: 01/25/2023
o. CONSIDERATION OF RESOLUTION NO. 2022-__. (Mayor Webber,
Councilor Cassutt, Councilor Chavez)
A Resolution Adopting the Midtown Community Development Plan for the
Midtown Redevelopment Project. (Lee Logston, Midtown Asset
Development Manager: lrlogston@santafenm.gov, 505-995-6914)
Committee Review:
Governing Body (Introduced) (Postponed): 11/09/2022
Governing Body (Introduced) (Postponed): 11/30/2022
Governing Body (Introduced): 12/14/2022
Finance Committee: 01/03/2023
Community Development Commission: 01/04/2023
Quality of Life Committee: 01/04/2023
Public Works and Utilities Committee: 01/09/2023
Economic Development Advisory Committee: 01/11/2023
Governing Body (Postponed): 01/11/2023
Governing Body: 01/25/2023
10. ACTION ITEMS: DISCUSSION AGENDA
GOVERNING BODY MEETING
Wednesday, January 25, 2023
Page 7 of 14
a. CONSIDERATION OF RESOLUTION NO. 2022-__. (Councilor M.
Garcia, Councilwoman Villarreal and Mayor Webber)
A Resolution Adopting a Strategy for Donating or Selling, at Below-
Market Value, a Property Identified as “Las Estrellas Tract 6A” to a
Developer Certified as a “Qualifying Grantee” Under the New Mexico
Affordable Housing Act to Develop Santa Fe Homes Program Homes,
Low-Priced Dwelling Units, or Units Price-Restricted Through Another
Affordable Housing Subsidy; and Approving an Announcement to Sell the
Remaining Seven Las Estrellas Lots with a Local Preference. (Terry
Lease, Asset Development Manager: tjlease@santafenm.gov)
Committee Review:
Governing Body (Introduced): 11/30/2022
Community Development Commission: 12/07/2022
Economic Development Advisory Committee: 12/14/2022
Quality of Life Committee: 01/04/2023
Public Works and Utilities Committee: 01/09/2023
Finance Committee: 01/17/2023
Governing Body: 01/25/2023
11. MATTERS FROM THE CITY MANAGER
12. MATTERS FROM THE CITY ATTORNEY
EXECUTIVE SESSION
In Accordance with the New Mexico Open Meetings Act, NMSA 1978, Section 10-15-1,
Part (H)(7), Quarterly Update of Attorney-Client Privileged Discussion of Pending and
Threatened Litigation. (Erin K. McSherry, City Attorney: ekmcsherry@santafenm.gov,
505-955-6512)
13. MATTERS FROM THE CITY CLERK
14. COMMUNICATIONS FROM THE GOVERNING BODY
15. INTRODUCTION OF LEGISLATION
a. CONSIDERATION OF BILL NO. 2023-9 (Mayor Webber, Councilor
GOVERNING BODY MEETING
Wednesday, January 25, 2023
Page 8 of 14
Lindell, Councilor Cassutt and Councilor Romero-Wirth)
A Bill Approving a Lease Agreement Between the City Of Santa Fe and
Specifica, LLC, for the Lease of City-Owned Building and Improvements
Located At 500 Market Street Within the Railyard Within the City And
County of Santa Fe, New Mexico to Expand Its Biotechnological
Company. (Andrea Salazar, Assistant City Attorney,
asalazar@santafenm.gov, 505-955-6303)
Committee Review:
Governing Body (Introduced): 01/25/2023
Governing Body (Public Comment): 02/08/2023
Finance Committee: 02/13/2023
Quality of Life: 02/15/2023
Public Works and Utilities: 02/20/2023
Governing Body (Public Hearing): 03/08/2023
16. PETITIONS FROM THE FLOOR
17. PUBLIC COMMENT ON BILLS (FIRST PUBLIC COMMENT, NO ACTION)
a. CONSIDERATION OF BILL NO. 2023-4. (Councilor Cassutt and
Councilwoman Villarreal)
An Ordinance Amending SFCC 1987 to Use Gender-Neutral Language.
(Pat Feghali, Assistant City Attorney: pfeghali@santafenm.gov, 505-955-
6501)
Committee Review:
Governing Body (Introduced): 01/11/2023
Governing Body (Public Comment): 01/25/2023
Quality of Life Committee: 02/01/2023
Governing Body: 02/22/2023
b. CONSIDERATION OF BILL NO. 2023-6. (Mayor Webber)
An Ordinance Amending Section 2-8.2(A), “Creation of Department” by
Removing Language that Prescribes a “Recreation Division” as a
Division of the Community Health and Safety Department and “Family
and Youth Services” as a Component of the Community Services
Department; and by Removing the Term “Safety” from the Name of the
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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“Office of Emergency Management and Safety”. (Kyra Ochoa,
Community Health and Safety Department Director:
krochoa@santafenm.gov)
Committee Review:
Governing Body (Introduced): 01/11/2023
Governing Body (Public Comment): 01/25/2023
Quality of Life Committee: 02/01/2023
Public Works and Utilities Committee: 02/06/2023
Finance Committee: 02/13/2023
Governing Body (Public Hearing): 02/22/2023
c. CONSIDERATION OF BILL NO. 2023-5 (Councilor Romero-Wirth
and Councilor Cassutt)
An Ordinance Amending Sections 2-1.9, 2-4.6, and 19-4. SFCC 1987, to
Authorize Governing Body Members to Employ Staff When Funds are
Budgeted for that Purpose and Aligning those Sections with the City of
Santa Fe Charter. (Bernadette Salazar, Human Resources Director,
bjsalazar@santafenm.gov, 505-955-6591)
Committee Review:
Governing Body (Introduced): 01/11/2023
Governing Body (Public Comment): 01/25/2023
Quality of Life Committee: 03/01/2023
Public Works and Utilities Committee: 03/06/2023
Finance Committee: 03/13/2023
Governing Body (Public Hearing): 03/22/2023
d. CONSIDERATION OF BILL NO. 2023-7. (Mayor Webber)
An Ordinance Relating to Fire Safety; Creating a New Section 12-7
SFCC 1987 to Allow the City Manager, in Consultation with the Fire
Chief, Emergency Manager, and the Director of the Community Health
and Safety Department, to Close Certain Public Spaces if Fire Conditions
Require Such Closure to Protect Life or Property, and to Preserve Public
Peace and Safety. (Brian Moya, Fire Chief: bjmoya@santafenm.gov)
Committee Review:
Governing Body (Introduced): 01/11/2023
Governing Body (Public Comment): 01/25/2023
Public Safety Committee: 02/21/2023
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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Quality of Life Committee: 03/01/2023
Public Works and Utilities Committee: 03/06/2023
Finance Committee: 03/13/2023
Governing Body (Public Hearing): 03/22/2023
e. CONSIDERATION OF BILL NO. 2023-8. (Mayor Webber)
An Ordinance Amending Section 14-6.2(I) to Permit Cannabis Retailers
Wholly Owned by a Tribe Within Four Hundred (400) Feet of Another
Retailer if the Other Retailer Initiates its Application for a Cannabis Retail
License After the Retailer Wholly Owned by a Tribe. (Pat Feghali,
Assistant City Attorney: pfeghali@santafenm.gov, 955-6501)
Committee Review:
Governing Body (Introduced): 01/11/2023
Governing Body (Public Comment): 01/25/2023
Planning Commission: 02/02/2023
Public Works and Utilities Committee: 02/06/2023
Governing Body (Public Hearing): 02/22/2023
18. FINAL ACTION ON LEGISLATION (PUBLIC HEARING)
a. CONSIDERATION OF BILL NO. 2022-23. ADOPTION OF
ORDINANCE NO. 2023-____. (Councilor Lindell, Mayor Webber and
Councilor Chavez)
An Ordinance Amending Section 12-10-1.10 of the Uniform Traffic
Ordinance Governing Mufflers and Emission Control Devices; and
Amending Schedule A of the Uniform Traffic Ordinance to Increase
Penalties for Muffler Noise Violations. (Matthew Champlin, Deputy Chief
of Police: mrchamplin@santafenm.gov, 505-955-5201)
Committee Review:
Governing Body (Introduced): 09/14/2022
Governing Body (Public Comment): 09/28/2022
Quality of Life Committee (Postponed): 10/05/2022
Quality of Life Committee (Forwarded with No Recommendation):
10/19/2022
Public Works and Utilities Committee (Postponed): 10/24/2022
Public Works and Utilities Committee (Forwarded with No
Recommendation): 11/07/2022
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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Finance Committee: 11/28/2022
Governing Body (Public Hearing) (Postponed): 01/11/2023
Governing Body (Public Hearing): 01/25/2023
19. PUBLIC HEARINGS
a. Appeal # 2022-5536-APPL of Case # 2022-5189-HDRB. Appeal by
Heidi & John Mullican of the Historic Districts Review Board’s Denial of a
Proposal to Reconstruct a Yard Wall on a Property at 330 Don Cubero
Pl. in the Don Gaspar Area Historic District. (Frank Ruybalid, Assistant
City Attorney: feruybalid@santafenm.gov)
b. CONSIDERATION OF RESOLUTION NO. 2023-____.
Case #2021-5505. NM Land Solutions LLC, Agent, for Dry Creek
Partnership, Applicant, requests approval of a Resolution to amend the
General Plan Future Land Use Map to change the Future Land Use
Classification for approximately 2.2 acres of land located at 6350 Airport
Road, from Office to Community Commercial. (Heather Lamboy,
Assistant Land Use Director: hllamboy@santafenm.gov, 505-955-6598)
POSTPONED FROM THE JANUARY 11, 2023 REGULAR
GOVERNING BODY MEETING
c. CONSIDERATION OF BILL NO. 2023-3. ADOPTION OF ORDINANCE
NO. 2023-____.
Case #2021-5506. NM Land Solutions LLC, Agent, for Dry Creek
Partnership, Applicant, Requests Approval of a Bill to Rezone
Approximately 2.2 Acres of Land Located at 6350 Airport Road, from C-1
(Office and Related Commercial District) to C-2 (General Commercial
District). (Heather Lamboy, Assistant Land Use Director:
hllamboy@santafenm.gov; 505-955-6598) POSTPONED FROM THE
JANUARY 11, 2023 REGULAR GOVERNING BODY MEETING
d. CONSIDERATION OF RESOLUTION NO.2023____.
Case #2021-4648. JenkinsGavin, Inc., Agent for Homewise, Inc.,
Applicant, Requests Approval of a Resolution to Amend the Designation
on the General Plan Future Land Use Map for Approximately 19.54
Acres, Located at 3600 South Meadows Road and within the River and
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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Trails Archeological Review Overlay District and the Suburban
Archeological Review Overview District, from Park to Low-Density
Residential (Residential: Three to Seven Dwelling Units Per Acre). (Dan
Esquibel, Case Manager, daesquibel@santafenm.gov, 505-955-6587)
POSTPONED FROM THE JANUARY 25, 2023 REGULAR
GOVERNING BODY MEETING.
e. CONSIDERATION OF BILL NO. 2023-1. ADOPTION OF ORDINANCE
NO. 2023-____.
Case #2021-4649. JenkinsGavin, Inc., Agent for Homewise, Inc.,
Applicant, Requests Approval of Bill 2023-1 to Rezone Approximately
19.54 Acres, Located at 3600 South Meadows Road and within the River
and Trails Archaeological Review Overlay District and the Suburban
Archaeological Review Overview District, from R-1 (Residential: One
Dwelling Unit Per Acre) to R-6 (Residential: Six Dwelling Units Per Acre).
(Dan Esquibel, Case Manager, daesquibel@santafenm.gov, 505-955-
6587) POSTPONED FROM THE JANUARY 25, 2023 REGULAR
GOVERNING BODY MEETING.
f. CONSIDERATION OF RESOLUTION NO. 2023-____.
Case #2021-4650. JenkinsGavin, Inc., Agent for Homewise, Inc.,
Applicant, Requests Approval of a Resolution to Amend the Designation
on the General Plan Future Land Use Map for Approximately 2.66 Acres,
Located at 3740 South Meadows Road and within the River and Trails
Archaeological Review Overlay District and the Suburban Archaeological
Review Overview District, from Park to High-Density Residential
(Residential: 12 to 29 Units Per Acre). (Dan Esquibel, Case Manager,
daesquibel@santafenm.gov, 505-955-6587) POSTPONED FROM THE
JANUARY 25, 2023 REGULAR GOVERNING BODY MEETING.
g. CONSIDERATION OF BILL NO. 2023-2. ADOPTION OF ORDINANCE
2023-____.
Case #2021-4651. JenkinsGavin, Inc., Agent for Homewise, Inc.,
Applicant, Requests Approval of Bill 2023-2 to Rezone Approximately
2.66 Acres Located at 3740 South Meadows Road and within the River
and Trails Archaeological Review Overlay District and the Suburban
Archaeological Review Overview District, from R-1 (Residential: One
Dwelling Unit Per Acre) to R-21 (Residential: 21 Dwelling Units Per Acre).
GOVERNING BODY MEETING
Wednesday, January 25, 2023
Page 13 of 14
(Dan Esquibel, Case Manager: daesquibel@santafenm.gov, 505-955-
6587) POSTPONED FROM THE JANUARY 25, 2023 REGULAR
GOVERNING BODY MEETING.
h. CONSIDERATION OF RESOLUTION 2023-____.
Case #2022-5618. JenkinsGavin, Inc., Agent for Homewise, Inc.,
Applicant, Requests Approval of Resolution 2023-____ to Adopt a Master
Plan for a Residential Project on Approximately 22.2-Acres Located at
3600 and 3740 South Meadows Road to Include a Subdivision,
Development Plan, and Construction of a Neighborhood Park for
Dedication to the City. (Dan Esquibel, Case Manager,
daesquibel@santafenm.gov, 505-955-6587) POSTPONED FROM THE
JANUARY 25, 2023 REGULAR GOVERNING BODY MEETING.
20. APPOINTMENTS
a. Economic Development Advisory Committee
• Kristin Pulatie – Appointment – Term Ending 06/2024
• Mary Ondine Frauenglass – Appointment – Term Ending 06/2024
21. ADJOURN
Closed captions are provided for this meeting. Persons with disabilities in need fo
additional accommodations, contact the City Clerk’s office at 505-955-6521, five (5)
working days prior to meeting date.
GOVERNING BODY MEETING
Wednesday, January 25, 2023
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