County partnership with Mescalero Apache questioned

LAS CRUCES — Some Doña Ana County commissioners were visibly frustrated when a discussion of a potential agreement between the county and the Mescalero Apache Tribe to manage a new event venue was scuttled Tuesday.

The commissioners' agenda included a memorandum of understanding that would have involved the tribe in the "planning, design, construction and management" of a new amphitheater to be built at the county fairgrounds through a $35 million general obligation bond approved by voters. On Tuesday, Assistant County Manager Stephen Lopez told the commissioners the venue likely would not be operational until 2028. 

Lopez introduced the item, saying it would be the commissioners' first chance to discuss the parameters of a partnership with the tribe, which operates enterprises including the Inn of the Mountain Gods casino in Mescalero, the Ski Apache resort in Alto and the Rocket City Family Fun Center in Alamogordo.

But that conversation was effectively blocked by a procedural move, as Commissioner Susie Kimble quickly made a motion to postpone the item and was immediately seconded by Commissioner Susana Chaparro. That meant the commissioners were limited to discussing postponement rather than the content of the agreement.

"Maybe we can have the two commissioners rescind their motion so we can have the discussion, and then they can bring back their motion," Commissioner Gloria Gameros said. "I feel it was a little premature in that we didn't actually have an opportunity to discuss."

Neither Kimble nor Chaparro relented, however. The commissioners ended up voting 3-2 to postpone the item until late April, with Gameros sighing as she cast the deciding vote.

Chairman Manny Sanchez said he had questions of his own about the proposal and added, "This is an opportunity, as five commissioners, to talk in open session."

Commissioner Christopher Schaljo-Hernandez, whose district would be affected by the project, said he would forward his questions and comments to the county manager outside of the meeting.

When Sanchez asked why she wanted to postpone the matter, Kimble signaled opposition to the partnership altogether, saying, "There is so much animosity in the community right now with what the county's doing and what the Mescaleros are doing, and I feel like it's a bad look for us to partner with them right now when there's so much mistrust on both sides."

Last year, neighbors in the Las Alturas neighborhood of Las Cruces and other individuals packed a meeting with Public Lands Commissioner Stephanie Garcia Richard with most expressing opposition to a proposed ancestral land exchange that would have delivered an undeveloped 330-acre parcel south of Tortugas Mountain to tribal ownership. Neighbors mainly expressed concern about the site's suitability for any kind of development, while other comments expressed suspicion about the tribal council's motives.

After that meeting, the State Land Office announced that the state and the tribal council would instead consider an exchange for 320 acres of land on the opposite side of the city, near the county fairgrounds off of Interstate 10.

This, too, ran into opposition from some participants of a February community meeting, over concerns that the tribe might covertly plan to build a casino — a move that would require renegotiating its state tribal compact — while others demanded extensive disclosures about ceremonial practices that might take place there.

The new parcel sits near the county fairgrounds, and last month County Manager Scott Andrews disclosed informal talks about the tribe managing the planned amphitheater, to be built at the former speedway.

The memorandum of understanding, presented publicly as part of the meeting packet, is a three-page document providing for a collaborative process between the tribe and the county on design and construction as well as policies and procedures for the venue, with a determination to be made later as to whether management by the Mescalero Apache Tribe is feasible. No mention is made in the document of a competitive bidding process nor a basis for a sole-source contract.

The item seemed likely to be postponed anyway. "We've had no discussions with them," Sanchez said, referring to the tribal council.

Chaparro argued for holding a joint session of the commissioners and tribal council and gathering community input before taking action on any formal agreement. "Best practice, in my mind, is that we have complete transparency and complete communication with our constituents before we start approving MOUs," she said.

The Journal attempted to reach the Mescalero Apache tribal leadership by phone and email Tuesday, but got no response.

Algernon D'Ammassa is the Journal's southern New Mexico correspondent. He can be reached at adammassa@abqjournal.com.