New Mexico county prepares for recreational cannabis - By Phil Scherer Las Vegas Optic
As New Mexico draws closer to the start of recreational cannabis establishments being able to operate in the state, counties are working to make sure their rules and regulations are up to date. San Miguel County recently took its next step toward that, as the county commission passed its full cannabis ordinance.
Amanda Salas, the county's planning and zoning director, presented the ordinance to the commission.
"We all believe this could be beneficial to the county, even small, local producers," Salas told the Las Vegas Optic.
Recreational cannabis was legalized in New Mexico during last April's legislative session. People have been allowed to recreationally consume cannabis in the state since June, and the state is now accepting applications for all licenses, which include for production, extraction and retail establishments. Retail establishments are scheduled to be able to open in April 2022.
Salas said there are currently four proposed cannabis producers going through the process to obtain licenses in San Miguel County, in addition to one individual who has been given a temporary, probationary license before finalizing the process.
Applicants must complete all requirements with the Cannabis Control Division, which includes an approved water plan from the Office of the State Engineer. Without an approved water plan, the applicant cannot proceed at the state level or with San Miguel County.
The county passed its ordinance less than a week after the City of Las Vegas finalized its ordinance. However, the county's ordinance is more lenient toward growers and retail establishments in many ways.
Among them, the county only requires a 200-foot separation between cannabis establishments, while the city requires a 500-foot separation. In many areas around town, this could severely limit the number of establishments able to do business.
In addition, the city prohibits cannabis consumption sites, similar to a bar for alcohol, while the county will allow them on a conditional use basis, assuming they meet all other requirements. The county will require a security presence at all consumption sites, but not in other areas, which the city will require.
"We aren't prohibiting anything outright since the NM Cannabis Regulation Act limits a local jurisdiction to completely prohibiting the operation of a licensee," Salas said. "We will take a look at everything and see what makes sense for San Miguel County. The best thing we can do is be safely prepared for the industry and the community."
Most of the applications received by the county so far have been for producing cannabis, rather than retail, which the county welcomes.
Because of this, expected revenue from cannabis in the county could be lower than many other places around the state, as most money will be collected through taxes on sales. To counteract that slightly, permitted producer licenses will be required to pay $2 per plant in the county on top of the $10 per plant they have to pay to the state.
Smaller licenses such as cannabis producer micro-businesses and integrated cannabis micro-businesses will not have to pay this fee unless they enter into a business arrangement with another licensee, making it beneficial for the small farmer.
Salas said most other counties are not requiring growers to pay additional money on their plants, but the county sees it as an opportunity to make a little more revenue, as the state Cannabis Regulation Act does not prohibit them from doing so.
She said the county is attempting to embrace the cannabis industry, as local leaders recognize the positive impacts it could have on the entire state.
"Money collected through cannabis can be invested towards greater economic and infrastructure projects that could greatly benefit San Miguel County," Salas said. "It isn't restricted in the way that other funds are so we have to be smart about what we do with the revenue. It is a great opportunity for us."
Albuquerque adopts language access, anti-AAPI hate bills—Associated Press
Albuquerque has officially adopted two pieces of legislation focused on its minority communities, including Asian Americans and Pacific Islanders.
Mayor Tim Keller signed the two bills Monday in a virtual ceremony. One requires government information and services be accessible in languages other than English. The other condemns acts of anti-Asian hate that started with the coronavirus pandemic.
Councilor Lan Sena says both resolutions go "hand in hand."
The city's Office of Equity & Inclusion will give each city department a template of language access plan as a guide. The departments will then have to submit a plan for review.
Over 67,000 of the roughly 846,000 metro Albuquerque residents speak little or no English, according to the measure. Other languages commonly spoken include Spanish, Dine, Vietnamese, and Mandarin. Another 5% of the population have a hearing disability.
The other measure formally denounces racist rhetoric and hate crimes directed at Asian Americans and Pacific Islanders in Albuquerque. City councilors will encourage the city's Office of Civil Rights to document and investigate anti-AAPI incidents as well as partnerships with local advocacy groups.
Democratic House leaders move to dissolve land grant panel—Associated Press
Top Democrats in the New Mexico House have chosen to dissolve a legislative committee that deals with Hispanic land grants, traditional irrigation districts known as acequias and other local government and cultural affairs.
The recent decision announced by House Speaker Brian Egolf following the recent special session is spurring criticism from Hispanic lawmakers, including two members of New Mexico's congressional delegation.
U.S. Sen. Ben Ray Luján said he was disappointed in the decision to dissolve the New Mexico Local Government, Land Grants & Cultural Affairs Committee.
"The representation of land grants, acequias, traditional and rural communities must always be at the forefront of New Mexico public policy. They are a critical part of the heart, soul, and history of our state," Luján said in a statement. "These communities also represent the economic potential that our future holds, but only if we keep them as a top priority."
It was the senator's father, former House Speaker Ben Luján, who created an interim committee to work on issues related to these communities when he controlled the House. Egolf made it a standing committee in 2017.
Luján and U.S. Congresswoman Teresa Leger Fernández, whose district encompasses many of these communities, both said they had conversations with Egolf. They said he intends to meet with leaders from land grant and acequia communities on how best to move forward.
Days after making the announcement that the panel would be dissolved, Egolf said the needs of land grants and acequias needed to be elevated but that it wasn't being accomplished through the committee in its current form.
He said a final change will be made in the upcoming 30-day legislative session.
For New Mexicans like Andrea Padilla and Paula Garcia, the committee performs important work they worry will now be overlooked, the Santa Fe New Mexican reported.
"It took years of work by grassroots community leaders and legislators to establish a standing committee that could properly address the non-partisan, complex governance and natural resource issues that land grants and acequia communities face," Padilla, president of the New Mexico Land Grant-Merced Consejo, said in a statement.
Garcia, executive director of the New Mexico Acequia Association, said her group was deeply concerned the eight-member committee had been disbanded. She echoed Padilla, saying the committee is the culmination of years of advocacy by land-based communities.
"We were really surprised to see this happen," Garcia said. "I think it really added a lot to the legislative process because it's a committee where legislation about land-based rural communities can be heard."
House Democrats wrote in a statement that the resignation of Rep. Miguel Garcia, D-Albuquerque, as committee chairman presented an opportunity to shift land grant issues to another larger committee with higher visibility.
Miguel Garcia did not return messages seeking comment.
House Republicans contend Egolf improperly dissolved the committee following what they called a "spat" with the chairman.
"Once again, we are witnessing the diminishing returns progressive Democrats are finding in Hispanic voting groups," House Minority Whip Rod Montoya, R-Farmington, said in a statement.
In a letter to Egolf, Paula Garcia wrote the dismantling of the committee comes at a time when policymaking in New Mexico should have a greater emphasis on rural equity.
"Land grants and acequias have unique challenges relating to governance, natural resources, infrastructure, and basic services," she wrote. "This committee also addresses issues important to historically marginalized communities of color. Without this committee, land grants and acequias will have fewer opportunities to interact with lawmakers who understand our needs in our communities."
New Mexicans call for change for repeat DWI offenders—Associated Press
With authorities logging more than a dozen DWI arrests in the Albuquerque area since Christmas Eve, there are more calls for New Mexico to crack down on repeat offenders.
Albuquerque television station KOB-TV reports that many of the cases over the past year involve first time offenses, but officers have seen familiar faces. One woman marked her fifth DWI offense in May after she was stopped for driving 103 mph (166 kph) on Interstate 40. A man marked his seventh DWI arrest in March when he hit a concrete pillar.
In yet another case, a 42-year-old woman was arrested for the seventh time — four of which have come within the last two years. One of the charges against her ended up being dismissed because the officer failed to appear in court.
Lindsey Valdez, regional director at Mothers Against Drunk Driving, said cases where there seem to be no consequences are the ones that send a message.
"I think it overall shows that some people really don't find any fear in consequences if there are no consequences to driving under the influence," she said.
How often does it happen?
"They are isolated, but they are not isolated enough," said Ahmad Assed, a criminal defense attorney. And the issue of people falling through the cracks is not new, he said.
"We've been talking about this topic for decades, and quite frankly we still find ourselves almost in the same position," said Assed.
As for the punishment when convicted, a first DWI could result in a minimum of two days behind bars. An eighth offense would be 10 years. However, Assed said that doesn't mean people are spending all of that time in jail since mandatory sentences can be completed through an ankle bracelet program or home arrest.
That has led to calls for change from those who have lost loved ones.
"It has an effect on anybody. Growing up without a dad is hard," said Jackie Copeline, whose father was killed by a repeat drunk driver when she was seven.
Copeline recently started a petition asking for stricter DWI enforcement and treatment.
New Mexico has among the highest death rates in the U.S. due to excessive alcohol use. State data shows that through November, nearly one-quarter of traffic fatalities in the state have involved alcohol.
Suspect arrested in Arizona bear killing with bow and arrow -Albuquerque Journal, Associated Press
A suspect has been arrested in the shooting of a bear with a bow and arrow near Taos in October.
The Albuquerque Journal reported Friday a man was charged in Taos Magistrate Court with unlawful killing of big game by shooting from the road and failing to tag the bear, both misdemeanors.
The New Mexico Department of Game and Fish said last month it was investigating the Oct. 29 incident in Arroyo Seco.
Bears are a protected species in New Mexico, but bear hunting was allowed in that area at the time of killing, officials said previously.
But the newspaper reported that court documents state a Taos area man shot the bear in a tree with a bow and arrow, then shot it a second time after a bystander told him to "shoot it again" so it wouldn't suffer.
The man then "left the area where the bear was killed and made no attempt to retrieve the bear," authorities allege.
The next day the Taos Volunteer Fire Department removed the bear from the tree with a ladder truck.
New Mexico county concerned about forest proposal – Alamogordo Daily News, Associated Press
Otero County commissioners have approved a resolution voicing opposition to a proposed plan that will guide forest management practices for the 1.1 million-acre Lincoln National Forest in southern New Mexico for the next 10 to 15 years.
The commissioners voted on the resolution earlier this month and approved an official comment letter that stated the draft forest plan and the draft environmental impact statement conflict with county ordinances outlining land use.
The letter also notes that federal forest officials failed to address the conflicts and did not request or attempt to coordinate with the county to work out any concerns.
A second letter approved by the commissioners was addressed to Lincoln National Forest Supervisor Travis Mosley. It complained about the forest administration's failure to communicate with the county regarding the drafting of the plan.
Forest officials have pushed back, noting that the county was not only presented the draft plan early and often, but given an extended period to comment.
The final plan is expected to be ready by spring 2022, the Alamogordo Daily News reported.
Forest spokeswoman Laura Rabon said the U.S. Forest Service had invited the county to participate in the process as far back as 2019. She said forest officials presented the draft plan to the county several times including in October 2021 when the Lincoln National Forest urged the county to submit any comments, questions or concerns by the first comment deadline in November.
"I want people to know that we really have tried to reach out to the county," Rabon said. "We invited them on numerous occasions to participate, to comment, to take the next step and become a cooperating agency and, unfortunately, we haven't heard back from them."
The U.S. Forest Service even extended the deadline for comments from Nov. 15 to Dec. 15, she said.
The recently approved Otero County comment letter was received by the Lincoln National Forest on Dec. 15.
Otero County officials said that the proposed wilderness areas listed in the forest plan would encroach on established grazing allotments and that the designations would not be appropriate since some lands fail to meet wilderness qualifications.
They pointed to roads, fences, pens, water wells, pipelines and other structures that dot some of the areas.
The county commissioners also said they worried about the use of prescribed burns in designated wilderness areas as a wildfire mitigation effort, rather than a regular strategy of forest health.
Hobbs voters to decide changes to economic development plan - Hobbs News-Sun, Associated Press
It will be up to residents in Hobbs to approve a proposed change to the New Mexico city's economic development ordinance that could result in larger retailers locating in the community.
Voters on March 1 will be asked about changing the city's Economic Development Strategic Plan Ordinance to include cultural facilities and retail businesses as qualifying entities for receiving public support as defined by the state's Local Economic Development Act.
State lawmakers earlier this year expanded the types of support and the definition of retail businesses to account for municipalities with populations of more than 15,000.
During a legislative session earlier this year, Hobbs Mayor Sam Cobb and Clovis Mayor Mike Morris urged lawmakers to make changes to the state economic development statute to allow cities like Hobbs to compete with other municipalities.
The Hobbs News-Sun reported that before those changes were made, municipalities were not able to use public support toward retail establishments or cultural facilities, nor were municipalities with populations more than 15,000 and less than 35,000 able to use it for retail establishments or any other businesses.
City Attorney Efren Cortez told commissioners during a recent meeting that Hobbs has a chance to level the playing field with nearby cities.
"If you look at Lubbock, Texas, for example, Texas has for years utilized tax revenue to spur retail incentives," he said. "If you've been to Lubbock, you can see the exponential growth in their retail sector. I believe a measure like this not only puts the city of Hobbs in the same ballpark, but also New Mexico in general."
If the measure passes, the ordinance would go into effect July 1.
Archdiocese of Santa Fe's bankruptcy case plods along - By Rick Ruggles Santa Fe New Mexican
The Archdiocese of Santa Fe's Chapter 11 bankruptcy efforts have plodded along for three years with no end visible in the case involving more than 400 clergy abuse victims.
Lawyers say three years is a comparatively long time for Chapter 11 proceedings but is far from unheard of. It's in everyone's interests — the archdiocese's and the victims' — to resolve it through Chapter 11, attorneys say. Therefore, an eventual settlement is still expected.
"The alternatives are so bad that it's worth it to stay in the game," Laura Coordes, associate professor of law at Arizona State University, said of Chapter 11.
The archdiocese seeks to raise an adequate sum, through property sales, donations and insurance, to reach settlements with the victims.
In a blog this month, Archbishop John Wester wrote: "We knew when we filed for Chapter 11 that it would not be easy. We are making progress, albeit slow progress. Please pray that this arduous and drawn-out process will bring healing to the victims of sexual abuse, to their families, our parishes and this local Church."
Chapter 11 allows the entity in financial hardship to work with the claimants in search of a settlement.
Coordes and Albuquerque bankruptcy attorney Dave Giddens told the Santa Fe New Mexican that the alternatives to a settlement typically would be for the case to be converted to Chapter 7 bankruptcy, in which a trustee would call the shots on the sale of assets. Or the case could be dismissed, and many victims then would file lawsuits individually.
Giddens, who is not involved in the Archdiocese of Santa Fe case, called three years in Chapter 11 bankruptcy relatively lengthy.
"Most of them don't make it that long, if they're going to make it," he said.
But he added this is a big case with many "skilled pros" working on it, and it's likely they will find a way to settle. Among those involved in the case are James Stang of Los Angeles, representing some of the victims, and Idaho-based Ford Elsaesser, representing the archdiocese. Both are experienced in these kinds of cases.
Merit Bennett, a Santa Fe attorney who represents four victims, said the finish line isn't in sight.
"There are so many what-ifs that it's really impossible to predict anything," he said. "It's like anything could happen."
The archdiocese has indicated it's working to receive acceptable payouts from insurers, who are vital players in these cases. The Rev. Glennon Jones, archdiocese vicar general, wrote this fall negotiations with insurers "may take a while, but there's no way to speed it up."
Meanwhile, the archdiocese held one online auction this year to sell off small, donated properties and generated about $1.4 million. A second auction is scheduled for Jan. 31 to Feb. 7.
An infusion of $1.4 million won't change the picture, a Santa Fe attorney said.
"The answer is the insurance," said Aaron Boland, who represents one victim.
Two high-profile national Chapter 11 cases involving sexual abuse reported breakthroughs last week. The Boy Scouts of America announced insurer Chubb Ltd. agreed to pay $800 million.
And USA Gymnastics agreed to pay $380 million to more than 500 gymnasts who were sexually abused by a team doctor, Larry Nassar, and others. USA Gymnastics filed for bankruptcy protection about the time the Archdiocese of Santa Fe filed.
BishopAccountabiility.org, a website that monitors pedophile priest cases and Catholic organization bankruptcies because of abuse, lists 26 dioceses that filed Chapter 11 bankruptcy beginning in 2004. Most but not all were settled within three years.
The Diocese of Gallup settled within three years for more than $20 million for about 55 victims.
It took the Diocese of St. Paul and Minneapolis more than three years to agree in 2018 to pay $210 million to 450 victims.
The website collects statements from attorneys and dioceses and mainly media reports in its archive of cases. Seven dioceses, including those in New Orleans and Buffalo, N.Y., filed for Chapter 11 bankruptcy in 2020.
Some dioceses have settled for big numbers, such as $198 million in San Diego, and some for far smaller amounts, including Fairbanks' roughly $12 million. None of the 26 cases has been replaced by another means of addressing the crisis, such as Chapter 7 or individual lawsuits.
Giddens said a judge might threaten to convert the case to one of those options as a way of getting adversaries back into negotiations.
Coordes said reaching an agreement through Chapter 11 bankruptcy is the best way.
"You're pretty much putting your hopes or putting your money on this working out," she said.
The Archdiocese of Santa Fe case has been contentious at times. One mediator was replaced. U.S. Bankruptcy Judge David T. Thuma ruled this year that victims could continue their legal claim the archdiocese had transferred property and cash to its 93 parishes in the last decade to hinder victims' access to those assets.
When Wester told his constituents in the spring that St. Pius X High School in Albuquerque would be preserved in the process, one of the attorneys for victims, Levi Monagle of Albuquerque, said not so fast.
Monagle said at the time that until the archdiocese accumulates an adequate sum, "all diocesan assets are on the table."
And Monagle's partner, Brad Hall, said of the case in July, "If it blows up, it blows up." Monagle and Hall represent about 140 victims.
Bennett said he will feel the end is near when those involved start talking about allocating money to victims.
That, too, might be a challenge. He said he didn't know if each victim would get the same amount of money or if that would be based on the number of times molested or the victim's emotional state today.
One man might have been abused once but attempted suicide 30 times, Bennett said, while another might have been abused 30 times and is successfully running a company now.
Perhaps splitting it equally would be best, he said. "That way you don't have to go through the hellish process of who was injured more, and how do you put a price on that?"
Coordes said getting insurance companies to pay up puts a Chapter 11 case on much better footing. At least until then, the case putters on.
"I'm sure it is phenomenally frustrating for the victims," she said. "Really, for everyone."
Business owners leave big tip for Albuquerque servers -KOB TV, Associated Press
Two servers at an Albuquerque restaurant recently got a big surprise when a group of business owners left a $5,555 tip.
It was the idea of Battle Tested Business, a local entrepreneurship, business and leadership organization.
Founder Ramon Casaus told Albuquerque television station KOB-TV that he and his colleagues are always looking for creative and meaningful ways to invest back into businesses and the people who keep them going.
"We said, well, what if we all went to dinner and tip out $505 each?" Casaus said.
They called it "The 505 Dinner" in reference to Albuquerque's area code.
Battle Tested Business said on its Facebook page that local restaurants and their staff were devastated during the pandemic and that the group believes in the mission of helping in its own backyard.
