The Sierra County Sun heard about the possible formation of an informal group at an open Elephant Butte City Commission meeting in October. The group would be formed to simply receive and disseminate information about Spaceport America activities and opportunities, the City Council said during discussion.
Also discussed was the New Mexico Spaceport Authority’s desire for one contact for the area. Local officials complained the New Mexico Spaceport Authority didn’t communicate, depriving Sierra County of business, tourism and other economic opportunities. In response, the New Mexico Spaceport Authority said the County’s contacts and groups were too scattered.
Mayor Edna Trager and Mayor Pro-Tem Kim Skinner said State Representative Rebecca Dow was being proposed as the contact person. Dow would be provided with a kitty of wine-and-dine money, so opportunities to woo potential businesses blowing through Las Cruces visiting NM Spaceport Authority or Virgin Galactic offices could be enticed to see what this area has to offer.
It is unclear how people were invited or picked to attend the informal Spaceport group meeting on Oct. 22, 2019. However, the Sierra County Sun’s public documents request to the Truth or Consequences City Clerk’s Office included a sign-in sheet.
It appears that four members of the TorC City Commission were present, a quorum, which requires public notice that was not given. Minutes and emails indicate Rolf Hechler, who is head of security at the Spaceport and also a City Commissioner, ran the meeting and didn’t sign in, but City Commissioners Paul Baca, Sandy Whitehead and Kathy Clark signed in.
Only one member of the Sierra County Commission was present, Travis Day. State law says two members of an elected board may attend meetings without public notice, although two members of the county’s three-member board would be a quorum, which must be noticed.
Similarly, only one member of the five-member City of Elephant Butte City Council was present, Edna Trager. City Manager Vicki Ballinger and City Clerk Rani Bush were also present.
Only one member of the five-member Village of Williamsburg Trustee board was present, Deborah Stubblefield.
Gina Kelley, Sierra County Lodgers’ Tax Board member; Linda DeMarino, head of Truth or Consequences MainStreet; Steve Green, former Truth or Consequences mayor; LaRena Miller of the Geronimo Trail National Scenic Byway; Hans Townsend, president of the Truth or Consequences Chamber of Commerce, also attended.
Prominent business owners include Randall Ashbaugh, who owns land next to Walmart. The site was chosen as a Spaceport Visitors’ Center site in 2013, but the plan was abandoned and unfunded by the State. Jake Foerstner, whose family owns Riverbend Hot Springs; John Masterson, owner of the TorC Brewery; Catherine Wanek, owner of the Black Range Lodge in Kingston, also attended.
John Mulcahy attended, a former City of Truth or Consequences mayor and economic development director, currently employed by unnamed private business people to lobby for a Spaceport Visitors’ Center during the upcoming legislative session. This area’s State Representative Rebecca Dow also attended.
Chris Lopez, director of site operations at Spaceport America, led the meeting with Hechler. According to meeting minutes Lopez set the theme as “Do we want to grow together or be separate and not grow?”
In Hechler’s response to the Sun’s request for meeting minutes and correspondence related to the formation of and business of the Spaceport group, he called it the “Sierra County/Spaceport America Economic Advisory Board.”
“As you can see, the board is not a policy board,” Hechler said in his response, wrongly assuming the group is not subject to the State Open Meetings Act.
The State Open Meetings Act requires any meeting with a quorum of elected officials, except court and legislative officials, be open and noticed, even if policy is not discussed. Meetings in which elected officials discuss “a proposed resolution, rule, regulation. . .” are also supposed to be open, according to 10-15-1 (D).
Policy, a resolution and government plans were discussed at the Oct. 22 meeting.
Gary Whitehead, former Sierra County Commission chairman, said, according to meeting minutes, “The City and County need to build their own business plan. We are so focused on what Spaceport America and Virgin can do for us, and we need a plan to show what we are all willing to do for Spaceport and Virgin Galactic.”
Randall Ashbaugh asked the elected officials to pass a resolution in support of the State Legislature funding $7 million for a Spaceport visitors’ center on his property, according to the minutes. “We just have to stick together and all of the cities need to get together to pass the resolution for funding,” Ashbaugh said.
According to emails from and to Mulcahy, TorC Mayor Sandy Whitehead, who works for Randy Ashbaugh’s title company, discussed the resolution with Mulcahy, which would also amend the City’s Infrastructure Capital Improvements Plan.
Mayor Whitehead submitted Mulcahy’s draft resolution in her response to the Sun’s open records request. Mulchay’s draft leaves out the Ashbaugh location, but asks the City to request the legislature to provide $8 million to fund a Spaceport Visitors’ Center.
During a subsequent City Commission meeting, Mayor Whitehead pushed to have the resolution passed, as did City Manager Morris Madrid. Hechler recused himself as a Spaceport employee. Baca and Whitehead voted in favor of the resolution and Clark and City Commissioner George Szigeti voted against it, resulting in a tie and no action.
It appears the secret group may have met more times.
Discussing the November meeting in an email to Dow, Hechler said the group should be limited to elected and economic-development and tourism officials. The agenda he drafted covers City policy decisions, use of a public building, as well as hiring more City staff:
“1. Use/enhancement of the La Belle Johnson Center
2. City of TorC to hire tourism/special events coordinator, how
he/she will interact with SPA
3. Viewing parties/events, locations, promotion, etc.
4. Decide on final group to serve on this committee
5. Staffing of the La Belle Johnson Center”
Director of Spaceport Site Operations Chris Lopez also called for another meeting before the end of the year, according to the Oct. 22, 2019 meeting minutes.
Open-records requests for any other meeting minutes have not been fulfilled, implying the group stopped keeping minutes.