Developer deserves apology, clear annexation policy

© 2007 by Michael Swickard, Ph.D.

The annexation controversy in our area has people writing letters to the editor and calling me on talk radio. Many of the comments make me think of Josh Billings, who said, “The trouble with people is not that they don’t know but that they know so much that ain’t so.”

Many of the comments have been simply not true or not germane. For example, the fight over annexation is not about whether houses will be built; it is about which government entity will supervise the process. Regardless of whether the city annexes the land under consideration on the East Mesa, the houses will be constructed. Will it be the planners for the City of Las Cruces or those who work for Doña Ana County who oversee it? The city has much more elaborate rules about building.

Even more troublesome is the fact that the City of Las Cruces does not have a comprehensive annexation policy. A policy needs to lay out what a developer needs to do to facilitate a government entity annexing land for development. In this manner, a developer can comply with the policy and not have any concern about completing the development.

The current semi-policy is that there are some rules and regulations; however, the final decision depends on how many citizens oppose that development. Can you imagine the business implications in any other endeavor if the applicant complied with all current rules and regulations but was subject to the vagaries of public opinion?

Worse, the City of Las Cruces has allowed citizens to speak outside of relevant areas at meetings. These citizens have been allowed to publicly slander the developers of The Vistas at Presidio when their comments are not germane to the annexation question at hand.

These citizens have gotten their five minutes of fame at the expense of the developers, who they portray as villains even though they have complied fully with city rules. The developers are justifiably mad. Specifically, Las Cruces developer Philip Philippou has been bashed recently after he complied with every ordinance and rule concerning development. In fact, he went far beyond the stated requirements and has offered more than necessary.

On the one hand, Las Cruces city councilors have enjoyed the fruits of the developer’s efforts over the years in the form of increased impact fees and dramatically higher gross receipts collection. On the other hand, they have allowed these unjust attacks in their meetings. Shame on them.

Many of the benevolent areas of city operation such as the subsidized bus service, senior citizen centers and recycling are funded with the financial surpluses created by developers. We live a better life in Las Cruces because of the wealth generated by the home-building industry.

There are going to be more houses

As to more houses or not, the fact is that development cannot continue without demand for housing. The developer does not create that demand; rather, the developer meets that demand and, in the case of Mr. Philippou, has produced an excellent 20-year plan for development so that roads, curbs, gutters, lights, parks, schools and fire and police buildings have been addressed. The county rules do not require such a comprehensive plan.

Again, we are only deciding who will oversee the process. The city would rather be that entity since ultimately it must deal with the discharge of sewers and, regionally, the issues of water, natural gas and solid waste removal. If these houses are built outside of city control, the city must still provide resources, but without the ability to shape this demand.

Finally, an attempt to stop the housing boom could have long-term adverse affects on our area. It is like the line in the movie Bull Durham, where the old pro is saying that you do not mess with a winning streak. When things are going well you don’t jinx the streak. In Las Cruces, the engine of prosperity for many years has been the building industry. By not having a comprehensive annexation policy, the city council is playing with the heartbeat of our prosperity.

Still, I am more concerned that when we do business in Las Cruces, we do it honorably. If someone complies with the rules and regulations, he is a good person. The city owes Mr. Philippou an apology and a timely and professional policy about annexation.

Swickard is a columnist for Heath Haussamen on New Mexico Politics. The Morning Show with Michael Swickard is on from 6 a.m. to 10 a.m. Monday through Friday on KSNM-AM 570 in Las Cruces. Michael’s e-mail address is michael@swickard.com.