Revised cannabis ordinance OK'd

The Tucumcari City Commission unanimously adopted a revised cannabis ordinance after an earlier version inadvertently disallowed sales of legal recreational marijuana in the city.

The second and final reading of the ordinance occurred Thursday after an earlier work session where commissioners edited language that clarified rules or eliminated redundancies or contradictions.

A required hearing before the final vote drew no comments from the public.

The important revisions occurred during another work session weeks ago after consultations with Santa Fe attorney Jared Najjar, who in December flagged problems with the original ordinance that included a section that stated: “There shall be no processing, curing, drying, selling, storage, or other display of cannabis or cannabis products at a cannabis establishment.”

A fee structure for cannabis licenses was stricken from the ordinance until city commission sets them by resolution, probably at its next meeting on Feb. 10.

City Manager Mark Martinez outlined the most recent changes before the commissioners voted.

One text addition stated if state law is more restrictive regarding cannabis, it would prevail over local law. Another addition is the city has the right to terminate any license with the second violation of its rules.

Commissioner Ralph Moya pointed out a small section he said was contradictory. In response, Martinez made a call late in the work session to Najjar, who said the section could be deleted because it had no legal bearing on the essential parts of the ordinance.

Commissioners didn’t seem to yet come to a consensus on how much to charge for a cannabis license. Moya and fellow commissioner Paul Villanueva favored $400 for each type of license.

Moya advocated for the higher fee because he said legal marijuana in Tucumcari would bring more costs for administration and enforcement by short-staffed city employees. He said the higher fee would be “not that big of a deal” for cannabis businesses.

Other commissioners signaled they more inclined to set the price of each license at $300 — namely because Najjar previously recommended it be not be more than $50 higher than the top level of other city licenses. Tucumcari’s most expensive license is for liquor, which is $250. Najjar warned a higher fee may make the city liable for a discrimination lawsuit.

Mayor Ruth Ann Litchfield said she didn’t want a higher fee because it would give the impression city government wasn’t business-friendly.

“I don’t want to run anybody off,” she said. “I’d rather start low and go up (later).”

Martinez said he wanted to keep the fee at $300.

“At what point do we push businesses away because our fees are too high?” he said.

Commissioner Mike Cherry signaled he would follow Najjar’s recommendation.

Commissioner Christopher Arias didn’t speak on the issue via teleconference Thursday but voiced a preference in earlier meetings for a lower-priced fee.

Martinez noted the City of Clovis has set its cannabis license fee at $1,000, but that was in line with the cost of other licenses there.

The New Mexico Legislature in early 2021 legalized the use and sale of recreational marijuana. The first licensed retail sales are expected by April. More than a dozen applications for cannabis retail sales or production in the Tucumcari area have been filed with the city and state.

Comments

Items from public and commissioner comments during the meeting:

• Connie Loveland, executive director of Tucumcari MainStreet, said during her regular report her organization hosted 20 events with area partners last year. The Tucumcari Railroad Museum it operates has greeted 3,000 visitors since it reopened in May.

She said the second Forge business accelerator program has drawn six applications, compared to three during the previous session.

Tucumcari MainStreet also recently received $400,000 from the state organization for its Great Blocks program for Second Street downtown. Loveland said that will be used for lighting, electrical work and landscaping not completed during the last round of funding.

Loveland said Tucumcari MainStreet has launched an online campaign so people can scan a QR code and write a thank-you note to businesses. Those notes later will be printed and presented to those businesses. She said 38 people have participated so far. Those who wish to write a thank you can go to cognitoforms.com/TucumcariMainStreet1/LoveLocalLetters.

• Scott Crotzer, executive director of the Tucumcari/Quay County Chamber of Commerce, gave a report on his attendance of an American Bus Association Marketplace in Grapevine, Texas. He said about half of his appointments with tour-bus companies were canceled because of COVID-19, but his meetings will produce tourism results this year and more in 2023.

Crotzer also said the chamber distributed 120 Tucumcari gift bags to state House and Senate members at the start of the legislature’s 30-day session.

• Moya, noting one city employee is paid 10 cents an hour higher than the minimum wage, expressed the need to give raises once city finances improve. Martinez agreed, saying the city has been unable to keep up with cost-of-living increases, and “there are a lot of people who feel shortchanged.”

• Interim police chief Pete Rivera, answering a question from Moya, said the department previously had stopped applying for grants for DUI and seat belt enforcement, and the sheriff’s office had received that funding instead. Labeling that lack of funds as “unfortunate,” Rivera said he would look into applying for those grants again.

Manager’s report

Martinez gave his regular city manager’s report. Among the details:

• He said all four of the city’s ambulances are running, with three in regular rotation. An accident totaled one last fall, and city procured a new ambulance a few months later. The other two ambulances were repaired. Martinez said he would request a second new ambulance once the state reimburses the city for the new one.

• Martinez said letters were going out to owners of nuisance properties and bench warrants would be issued. However, several owners live in California, giving the city little legal recourse.

• He said he has submitted a wish list to the state Department of Transportation for its hardship grants.

• Martinez said the legislature will offer so-called junior funds of $150,000 to $200,000 each available in addition to capital outlay allocations. He said he would submit a request for those funds to replace the roof on the recreation center.

• Meeting with state Sen. Pete Campos during Quay Day in Santa Fe, Martinez said he asked for a second pothole machine for the city. Martinez said he also hoped the state would resolve longstanding drainage issues along Main Street from Third to Rock Island streets.

Other action

• Commissioners approved a bid from File Construction of Albuquerque of $1.21 million for the Hoover water tank construction project. It would be paid with the Drinking Water State Revolving Loan Fund.

Project manager Ralph Lopez said the project had to be slimmed down due to rising construction costs. Lopez said the final bid was $380,000 higher than a recent engineer’s estimate.

Martinez, noting recent construction costs have risen 30% for many projects, said the city would apply for capital outlay money from the New Mexico Legislature to finish a well line and a transmission line for the project.

• Commissioners approved an annual renewal of Lamar Outdoor Advertising leases for three Tucumcari tourism billboards in Texas for $18,720. The cost is covered by lodgers tax funds.