Cannabis ordinance may need to be amended

Due to a city attorney’s oversight, Tucumcari’s city manager said the town’s cannabis ordinance will need to be amended or replaced, possibly delaying legal sales of recreational marijuana by local businesses in early 2022.

Mark Martinez revealed the alleged oversight by the city attorney, Randall Van Vleck of Santa Fe, during his city manager’s report at a regular city commission meeting Thursday.

Van Vleck, who was not present at the meeting, less than six months ago replaced Randy Knudson, who had been the city’s legal counsel for 15 years.

Martinez said its language is flawed to where “we don’t have an ordinance that allows for anything” with legal cannabis sales in the city. “They’re technically not allowed in city limits, as adopted.”

He told commissioners an unnamed attorney from the New Mexico Municipal League examined the ordinance and “marked it from top to bottom,” citing its flaws.

“We were let down by the city attorney,” Martinez said.

Commissioners reacted to the news with exasperation.

Commissioner Christopher Arias said “it’s pretty embarrassing” the city attorney overlooked the ordinance’s potential problems.

“This thing needs to be straightened out. We need to make it right,” Commissioner Ralph Moya said, noting several prospective marijuana dispensaries in downtown already have spent money to get ready for legal sales.

Mayor pro team Todd Duplantis noted with hearing and notice requirements, the ordinance might not be rectified until mid-February.

The state of New Mexico long has stated it wants legal marijuana sales to begin no later than April 1.

City Clerk Anjelica Gray asked what she should do with pending applications for legal marijuana sales. Martinez instructed her to hold on to them for now and not forward them to any agency.

He said he wants to address the problem “as soon as possible” and would try to have the Municipal League attorney go over the ordinance during a work session, possibly as soon as before the city’s next meeting on Dec. 16.

Martinez was unsure, however, whether he could hold a work session that soon on such short notice.

After the meeting, Martinez was asked whether Van Vleck would be fired.

Martinez responded that’s up to commissioners, and such a decision would be made in a closed executive session.

“It definitely raises concerns,” Martinez said of Van Vleck’s oversight. “To me, it’s a red flag.”

An email to Van Vleck requesting comment was not answered.

An email to Martinez, asking him to identify the Municipal League attorney and to supply a copy of the marked-up ordinance, was not answered before the Quay County Sun’s deadline. Martinez said Thursday he couldn’t recall the name of the attorney.

Work session

Martinez said final documents for the city’s audit would be submitted late “for the sake of not rushing it” and avoid a possible more serious finding in the report. He anticipated it would be submitted next month.

Martinez and Finance Director Rachelle Arias attributed the late audit to being short-staffed in the finance department. They said a late submission would result in a minimal, less serious finding in the audit.

Arias said she wanted to avoid a significant, more serious finding in the audit. A few years ago, such a finding affected the city’s ability to receive capital outlay funds for the Tucumcari Senior Center, and it needed Quay County to be its fiscal manager.

“I’m disappointed that it’s late,” Arias said, “but I don’t want to submit anything I’m not 100% comfortable with.”

Commissioner Arias summarized the conundrum: “We’ll take the smaller hit over the bigger hit.”

Moya expressed dissatisfaction the finance department had been short-staffed for months during a crucial time. “If we’re short in staff, we need to correct it,” he said.

Manager’s report

• Martinez said delivery of a new city ambulance would occur at noon Friday. The city’s only well-working ambulance was totaled during an accident in September with a sheriff’s deputy vehicle. In response to a question from Moya, Martinez said he was preparing documents to request the purchase of a second ambulance.

• He said refinishing of the concrete floor, including a new Route 66 stencil, soon would be complete at the Tucumcari Chamber of Commerce. Floor work on the Tucumcari Convention Center would begin soon.

• Martinez said basketball leagues at the city’s recreation center would be postponed due a high number of COVID-19 cases in the area. The city employee appreciation meal also would be postponed, probably to late March.

• Martinez said he soon would send a letter with commissioners’ signatures to the New Mexico Department of Transportation, requesting it address drainage problems along Main Street from Rock Island to Third streets. He said state officials have signaled that fixing it would be high priority.

Comments

• Moya requested financial reports for the Chaparral Apartments. Martinez replied the complex turned a $7,000 profit last year. Moya also was dismissive of Martinez’s plan to turn the property over to Monarch Properties. Martinez responded that he didn’t want the city to assume the financial responsibility for the complex, saying it would be $600,000 to $700,000 a year.

• In response to a question from Moya, interim police chief Pete Rivera said two officers in November had completed police academy training.

• Moya urged residents to get the COVID-19 vaccine or booster. He said his unvaccinated nephew has been hospitalized for a month with the disease. Moya, who is vaccinated, said he contracted a breakthrough case of the virus and was ill for only a week.

• Connie Loveland and Scott Crotzer, directors of Tucumcari MainStreet and Tucumcari/Quay County Chamber of Commerce respectively, read a list of volunteers or contributors of Very Merry Tucumcari events. Moya, Arias and Duplantis each praised the organization and quality of the Parade of Lights the previous week.