A Tale of Two Mayors

Opinion by Walter R. Kruger

Editor’s Note: Walter R. Kruger is the “nom de plume” of an Edgewood area resident who is also a retired armchair economist.

After reading Mayor Robert Stearley’s letter to the editor in the Independent on July 30, 2008, I’m convinced that Edgewood still suffers from the conflicting leadership of two mayors.

The first, Mayor Robert Stearley, has stated on occasions too numerous to count that there are precious few funds to go around for everything our town wants and needs in the way of “quality of life” improvements and amenities. He has reminded us that sewer, police and roads top the priority list, and has stated that expenses for projects like parks, recreation and entertainment may have to wait for better times.

However, the second mayor, also named Mayor Robert Stearley, has stated that the town doesn’t need to look for additional funding sources, like the imposition of Impact Fees on developers, saying, “I believe that our new residents are already paying their fair share of our costs with the Gross Receipts Tax (GRT) they are paying on their construction.”

Hinting that “Wal-Mart appears to be providing additional revenue”, Mayor Stearley #2 says he has a plan that will pay for the sewer, the police department, the roads, the library AND “provide more things for our youth to do.”, but he’s not telling us what the plan is yet; only that he’s working on it and that Gross Receipts will apparently and magically pay for it all.

State law specifically allows Impact Fees to be levied, “by a municipality or county on new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development.” (New Mexico Statutes Annotated Chapter 5 – Article 8)

The New Mexico State Legislature wrote the law permitting communities to impose Impact Fees because they recognized that areas with high growth would need to fund and construct their infrastructure faster than normal tax revenues would allow them to pay for it. They knew that successful communities would have to stay ahead of the growth curve and recognized that tax revenues are, by their very nature, lagging behind and following the growth curve. Every community experiences shortfalls during times of expansion if they fail to plan for additional funding.

Locating additional funding and sources of revenue for capital improvements is one thing Mayor Stearley #1 has told us he would do with a religious fervor. NMSA 5-8-2-D(2) states that an allowable use Impact Fees is the construction of: “roadway facilities located within the service area, including roads, bridges, bike and pedestrian trails, bus bays, rights of way, traffic signals, landscaping and any local components of state and federal highways.”

So even though, by taking advantage of Impact Fees, the town could get a boost in the pocketbook for funding the construction of these roadways, paths and trails even when they are part of state or federal systems, Mayor Stearley #2 argues, “The road work paid for by the State should not be included in the costs eligible for impact fees (in my opinion).”

Mayor Stearley #1, however, has reassured us that he would leave no stone unturned in the search for funding for the construction and operation of the sewer. The construction of a sewer system for the use of the developed area is another possible use of Impact Fees. NMSA 5-8-2-D(1) defines “water supply, treatment and distribution facilities; wastewater collection and treatment facilities; and storm water, drainage and flood control facilities” as allowable capital improvements.

But Mayor Stearley #2 disagrees, saying, “We did not build it (the sewer) because of our growth. We built it to protect the water aquifer and to encourage economic development. The State Statue (sic) states that “impact fees shall not be imposed or used to pay for…economic development and employment growth…”. In my opinion, it is not appropriate to include it in the impact fees.”

Mayor Stearley #1 has reminded us of the extra measures he’s gone through to secure funding for the sewer, and his own website states, “As Mayor, Bob went to Congress in Washington D.C. and brought home $1,000,000 for our sewer.” (http://www.stearley4mayor.com)

But Mayor Stearley #2 apparently feels we should shun the assistance of outside grants and fundings, saying, “In my opinion, a commitment by the town to complete the construction should be in the form of a seven year budget which shows the ability of the Town to build the project, or purchase the equipment, even without the assistance of the State legislature, or of the United States Congress.”

Since Impact Fees don’t affect current residents, their biggest opposition usually comes from within the development community. Some developers would prefer that funding for infrastructure in their developments be spread out over a wider tax base, such as the revenues available from Gross Receipts Taxes. Therefore some might infer that Mayor Stearley is siding with development interests in campaigning against such fees. They might even point out that Mayor Stearley, with his wife, are part of the real estate and development community.

But others feel that new development interests should shoulder their own costs through development fees and not through robbing the Gross Receipts or General funds. At least one of the Mayors Stearley seems to agree, saying, “I will do everything in my power to ensure that the current taxpayers do not subsidize the development of Campbell Ranch.” (Mountainview Telegraph February 14, 2008)

So, what insidious natural law or scientific principle could explain our Two Mayor System where town government can argue against and side with any issue at the same moment? I believe the culprit is the New Mexico Highway Department.

Evidence may exist that a mid-level design engineer cut the blue prints on the plans for the reconstruction of Route 66 through downtown Edgewood, inadvertently giving the paper a half twist before re-taping the two pieces back together. The result was the notorious “Moibus Strip” effect which was faithfully recreated by unwitting highway construction crews and now, anyone driving Edgewood’s main drag can simultaneously hold, believe and expound viewpoints from either side of the road.

It is the only anomaly in the universe that can explain the ill phrased logic of Stearley’s statement: “The Town of Edgewood does not currently provide sewer service. Therefore, it is not possible to calculate the cost of continuing to provide that nonservice as the town continues to grow.” Is this real evidence of “Town Planning”?

It was Alan Lakein, a well-known expert on personal time management, who first said, “By failing to plan, you are planning to fail.” By extension, in failing to have a plan that stays ahead of Edgewood’s growth curve, Edgewood is doomed to hear the sucking sound of it’s General Fund being drained while perpetually having to react to the ever increasing demands of growth. In light of having a mayor who seemingly contradicts himself at every turn, It then becomes more important for the Edgewood Town Council to take a substantiative leadership role in developing a plan that not only anticipates, but funds beforehand the inevitable growth our area is experiencing.

2 Responses “A Tale of Two Mayors”

  1. Tim Oden says:

    Mr. Kruger completely misunderstands the purpose of Impact Fees. Impact Fees can not be mixed with capital Improvement projects the town may undertake, unless they directly benefit those new neighborhoods.
    The Developement Community is usually very leery about impact fees for the exact reason Mr. Kruger states.

    Developers already pay way more than their fair share
    of basic infrastructure than their developments require.
    Developers are required to improve existing Town roads that front or otherwise provide access to their developments.

    Developers pay 100% of the cost of wet and dry utility extensions to and through their Developments.
    The waterline extensions come with fire hydrants that provide fire protection and lower homeowner insurance rates at no cost whatsoever to the people along these waterlines.

    It is unfair for anyone to expect new development
    (new homeowners) to pay for parks, trails, sewerlines, and other basic infrastructure on the other side of townfrom his subdivision. However, that seems to be the expectation of most. Developers and development are usually four letter words, but I guarantee you, without developers, we would still be riding around in a horse and buggy.

    New homeowners cannot be assessed impact fees that are used for maintenance of existing infrastructure or capital improvement projects that do not directly benefit the new developement. Since 1990, new construction of homes, mobile homes, and commercial buildings have paid impact fees to the fire department, and Edgewood has one of the finest Volunteer Fire Departments anywhere in the state as a result.

    I believe Mayor Stearley calculated around $8,000.00 in gross reciepts tax that is paid on an average new residence. And just exactly what does that new resident get in return for his investment? Where does that money go? The developer didn’t get it. The homeowner gets very little from it. Who got it and what did they do to earn it?

    It’s easy to criticize anyone who attempts to serve so many masters. However, there are not two mayors talking here, but two very separate and distinct issues being responded to. Gross receipts dollars that accummulate in the general fund are directed by council decision, not by the Mayor.

    It is an agonizingly slow process at which government moves. It never does anything “in anticipation” of any event. Typically, small and even larger municipalities
    are constantly behind the curve in any and all planning atttempts. This is caused by the funding structure of our government. Schools don’t recieve additional funding until they are overcrowded. Growth is not addressed until you can see for sure that is happening. Gross reciepts can not be budgeted until the money is actually recieved.

    I could not believe that it would take Edgewood EIGHT YEARS to build a basketball court that was funded in 2000. And when it was built, all the politicians that had ever heard of the project lined up to have their picture taken. For crying out loud, I would think they would be too ashamed to even show their faces in Edgewood.

    I agree it will take exceptional leadership on the council to make at least some token form of “progress” in Edgewood. But you’d better not hold your hopes too high on funding anything until after the fact.

  2. Linda Burke says:

    Please remember that it has been Mr. Stearley who caused numerous delays to the process of approving and implementing the sewer in Edgewood. When he sat on the town counsel, he wanted to extend the sewer to reach his vacant land along Rt. 66. Then there were many unsubstantiated arguments from him about how best to proceed, against the advice of the experts.

    Bob, in my opinion, has never been a clear thinker. He panders to voters and then gets into office and mucks things up as his ego sees fit. Sad to say, but his record supports that statement.

    Unfortunately, for Edgewood, those who were taken in by Stearley’s campaign rhetoric, yet again, will now pay the price (along with those who knew better).

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