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BOARD OF DIRECTORS PRESIDENT Clyde “C.B.” Strain, CZO Planning Director City of Gallup PRESIDENT-ELECT Michael Garcia, CZO, CFM Assistant Planner Rio Arriba County VICE-PRESIDENT Loretta Hatch, CZO, CFM Planning & Zoning/ Floodplain Manager Village of Bosque Farms IMMEDIATE PAST-PRESIDENT Ronald Vonderhaar, CZO Impact Fee Coordinator City of Albuquerque SECRETARY/TREASURER William F. Fulginiti Executive Director NM Municipal League CITY BOARD MEMBER Cynthia Lopez, CZO Senior Planner City of Farmington COUNTY BOARD MEMBER James Naranjo, CZO Assistant Planner City/County of Los Alamos MEMBER-AT-LARGE Stella Rael, CZO Planning & Zoning Administrator City of Alamogordo Persons interested in contributing articles to this publication are encouraged to contact a member of the Board of Directors. The NMLZO reserves the right to edit any and all submissions. T T h h e e Z Z o o n n i i n n g g S S t t o o n n e e A publication of the New Mexico League of Zoning Officials New Mexico League of Zoning Officials Semi-Annual Meeting/Workshop Make plans to attend the Spring 2016 SemiAnnual Meeting/Workshop of the NMLZO. It will be held May 46 in Las Cruces at the Hotel Encanto de Las Cruces, 705 South Telshor Boulevard. You can download a copy of the meeting booklet from the NMML website at www.nmml.org/subsections/zoning officials. The meeting booklet contains the preliminary program, registration and hotel information. This upcoming Meeting/Workshop will offer an interesting lineup of timely issues including a rolling Tour of various Historic Sites in Las Cruces and in the neighboring municipality of Mesilla on Thursday afternoon. Hope to see you in Las Cruces.

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Page 1: The Zoning Stone - New Mexico Municipal LeagueTHE ZONING STONE 3 | Page After long legal battle, UDV church appears to have final OK By T. S. Last / Journal Staff Writer Friday, November

BOARD OF DIRECTORS

PRESIDENT Clyde “C.B.” Strain, CZO Planning Director City of Gallup

PRESIDENT-ELECT Michael Garcia, CZO, CFM Assistant Planner Rio Arriba County

VICE-PRESIDENT Loretta Hatch, CZO, CFM Planning & Zoning/ Floodplain Manager Village of Bosque Farms

IMMEDIATE PAST-PRESIDENT Ronald Vonderhaar, CZO Impact Fee Coordinator City of Albuquerque

SECRETARY/TREASURER William F. Fulginiti Executive Director NM Municipal League

CITY BOARD MEMBER Cynthia Lopez, CZO Senior Planner City of Farmington

COUNTY BOARD MEMBER James Naranjo, CZO Assistant Planner City/County of Los Alamos

MEMBER-AT-LARGE Stella Rael, CZO Planning & Zoning Administrator City of Alamogordo Persons interested in contributing articles to this publication are encouraged to contact a member of the Board of Directors. The NMLZO reserves the right to edit any and all submissions.

TThhee ZZoonniinngg SSttoonnee A publication of the New Mexico League of Zoning Officials

New Mexico League of Zoning Officials

Semi-Annual Meeting/Workshop  

Make  plans  to  attend  the  Spring  2016  Semi‐Annual Meeting/Workshop of  the NMLZO.  It will be held May 4‐6  in  Las Cruces  at  the  Hotel  Encanto  de  Las  Cruces,  705  South  Telshor Boulevard.  

You can download a copy of the meeting booklet from the NMML website  at  www.nmml.org/subsections/zoning  officials.   The meeting booklet contains the preliminary program, registration and hotel information.  

This upcoming Meeting/Workshop will offer an  interesting  line‐up of timely  issues  including a rolling Tour of various Historic Sites  in Las  Cruces  and  in  the  neighboring  municipality  of  Mesilla  on Thursday afternoon.  Hope to see you in Las Cruces. 

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By Clyde “C.B.” Strain

Fellow NMLZO Members: As everyone is aware, enforcing regulations can be at the very least challenging. We are often looked at as obstructionists or as anti-development when in fact we are pro-development. We are simply enforcing the rules and regulations adopted by the governing body. These regulations are necessary to ensure smart growth, to protect the health, safety and welfare of the public and to protect property. All good reasons to have zoning regulations. That being said, has anyone ever run across a regulation that is outdated or doesn’t make any sense or just isn’t working the way it should? I firmly believe that we need some type of regulation, especially when it comes to land use. History has proven the need for having land use regulations. Without them we would have chaos. However I also believe that sometimes it is possible to over regulate. When drafting or enforcing land use regulations, we need to look at what we are trying to achieve with the regulation. What is the intent? And if a particular regulation is giving you trouble or is difficult to enforce maybe it should be looked at closely. Even though we are obligated to enforce the adopted regulations, it is also our responsibility to ensure that these regulations are doing the job that was intended. Whenever I run across a regulation that is either outdated or just isn’t working the way it should, I first try and figure out what the intent of the regulation is or how it is supposed to work. Often times, a regulation can be amended so that it works better and is easier to enforce, where the end result has not changed the original intent. And sometimes the regulation just needs to be rewritten or changed so that it can work. Always remember when considering amending, changing or creating regulations that you consult with your legal counsel first. Your legal counsel should always review all proposed ordinance changes and give their blessing. It may be that in your community, your legal counsel actually drafts the ordinance and presents it to the governing body. In my neck of the woods, it’s me that drafts the ordinance and presents it to the governing body, but only after getting the blessing of my legal counsel. Ultimately the governing body has the final say when it comes to changing or creating regulations. Also keep in mind, we all want to promote and encourage development in our communities. We rely on development for our very careers so we need to encourage development as much as possible. Look at it this way, the more development, the more potential to generate revenue to improve basic services to citizens, and to offer pay increases for staff, right? However we still need to make sure that all development is done in a safe manner which does not threaten the health, safety and welfare of the public. We also need to make sure that development doesn’t look bad. Nothing will make the phones start ringing off the wall quicker than some development that sticks out like a sore thumb. All of this is doable with regulation so long as it is a smart and sensible regulation. And yes, there are always going to be the developers who are never happy with any type of regulation no matter how user friendly it is. Unfortunately there’s really nothing you can do about them other than grin and bear it. Can’t please everybody right…. The good thing about land use and zoning ordinances is that they can be amended constantly so we’re not tied to a regulation for life. So I urge everyone in the land use regulation business to take a good long look at their regulations and make sure that they’re working the way they were intended. And if there’s a regulation that’s giving you trouble seek the help of your legal counsel to try and come up with a solution. A solution that will work as well as a solution that will be acceptable to the governing body. Also reach out to your fellow NMLZO members. Often times you can find someone who has faced the same problems and can help out. Remember we’re all in this together.

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After long legal battle, UDV church appears to have final OK By T. S. Last / Journal Staff Writer Friday, November 20th, 2015 at 12:02am SANTA FE, N.M. — A settlement in principle has been reached between Santa Fe County, a self-described “Christian Spiritist religion” that uses a hallucinogenic tea as a sacrament, and a half dozen residents of Arroyo Hondo southeast of Santa Fe opposed to the church building a temple in their neighborhood. The agreement, approved by the County Commission last week, apparently ends a dispute that has lasted more than five years. O Centro Espírita Beneficente União do Vegetal, also known as UDV, first applied to build a 14,000-square-foot, two-story temple at the intersection of Arroyo Hondo and Brass Horse roads on property owned by Seagram’s whiskey heir and UDV adherent Jeffrey Bonfman in 2009. Since then, a series of lawsuits has been filed – first by UDV after its plan was voted down by the County Commission, then by the neighbors after UDV and the county agreed to a settlement. The latest settlement, reached with the assistance of a New Mexico Court of Appeals mediator, presumably brings an end to the litigation. John Boyd, an attorney representing UDV, said Wednesday a few details still needed to be ironed out, but that an agreement had been reached in principle that “forms the basis for all pending litigation to be dismissed.” There are two lawsuits pending – one in the state Court of Appeals and one in district court in Santa Fe, both brought by the neighbors. “I think all parties are hoping and expecting this amicable resolution will be successful, and all parties will be looking forward to a friendly and neighborly relationship going forward,” Boyd said. Joseph Karnes, an attorney for the neighbors, declined comment. According to Santa Fe County, the agreement:

Allows UDV to use its on-site well to supply water; Limits the temple’s water use to 0.25 acre-foot per year, with an option for UDV to request an increase in its water use to 0.35 acre-foot per

year, but not before Nov. 1, 2020; Requires an independent firm selected by the neighbors to monitor the well’s use at six-month intervals for two years after the temple

receives its certificate of occupancy; Directs UDV to build a 7-foot coyote fence on Arroyo Hondo and Brass Horse roads; Requires that the entrance to the temple be moved from Brass Horse Road to Arroyo Hondo Road; Requires that UDV pay for upgrades to Brass Horse Road; Directs Santa Fe County to pay attorneys’ fees and costs totaling $300,000.

The attorney fees and court costs are in addition to the $750,000 the county was required to pay under the previous settlement, meaning the county has paid more than $1 million in fees and costs to other parties while fighting litigation against both the church and the neighbors since the County Commission, in a 3-2 vote, turned down UDV’s application to build a temple in 2011 – the first time the county had rejected any church’s plans in more than 50 such cases. But the county appears to have cut its losses with this new agreement. A previous settlement required the county to pay for a water line hookup to the temple. County officials told the Journal last spring that the more-than-mile-long water line was estimated to cost $3.5 million and would take years to construct. “The County is pleased that a global, mutually agreeable settlement was finally reached,” the county said in a statement to the Journal. “This settlement ends years of litigation and brings repose to UDV and its neighbors.” UDV began its effort to build a temple on 2.5 acres of land in what is mostly a residential area a mile or two outside Santa Fe’s city limits in 2009, where church members had been meeting in a yurt for years. The county’s planning staff twice turned down the application. The UDV eventually met all the requirements and earned a recommendation for approval by the County Development Review Committee. But the proposal met stiff opposition from neighbors, who argued the temple wasn’t compatible with existing development, would use too much water or contaminate groundwater with the tea, and that UDV members might be under the influence of hoasca when driving after services. After hearing more than six hours of testimony during a public hearing in July 2011, the County Commission rejected the church’s plans. That action drew a federal lawsuit by UDV against the county, claiming religious discrimination. Before a judge rendered a ruling, however, the parties agreed to a settlement. UDV agreed to become a county water customer when hookups were installed, confine services to inside the temple and build a wall around the property. Neighbors contested the settlement, but it was upheld in February 2014. The Arroyo Hondo residents didn’t give up and earlier this year filed a new complaint accusing county government of improperly changing water service terms of its settlement with UDV. UDV, according to its website, has 17,000 followers in six countries, but only about 270 of them live in the United States. In 1999, federal agents seized drums of the hallucinogenic hoasca tea, which is imported from Brazil where the plants used to make it grow in the Amazon basin, from the Santa Fe congregation and threatened to prosecute Bronfman. After Bronfman filed a civil lawsuit on behalf of UDV, the case eventually ended up in the U.S. Supreme Court, which in 2006 unanimously upheld a lower court’s decision to allow the tea to be imported. …See Pictures on next page.

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Report: SandRidge withdraws its request oil exploration well By Journal Staff Report Published: Tuesday, February 23rd, 2016 at 11:32pm

Updated: Wednesday, February 24th, 2016 at 8:30am

The UDV church, subject of several court battles, is going up in Arroyo Hondo east of Santa Fe. (Eddie Moore/Albuquerque Journal)

These tanks are part of the UDV church’s building project in Arroyo Hondo. (Eddie Moore/Albuquerque Journal)

ALBUQUERQUE, N.M. — An Oklahoma-based energy company has withdrawn its request for a zone change to allow for an oil exploration and production well west of Rio Rancho, KOAT-TV reported late Tuesday. SandRidge Energy made its withdrawal request in a letter dated Tuesday to the Sandoval County Planning and Zoning Department, the television station said. The action comes days after the Sandoval County Commission voted 4-1 to remand SandRidge’s zone-change application back to the county’s Planning and Zoning Commission. SandRidge requested changing about two acres of privately owned land from residential to special-use zoning to allow for oil and gas exploration. The company already received a permit from the state. The county commission’s decision last week came after SandRidge asked for a delay in order to discuss concerns of the planning and zoning commission

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City proposal targets vacant buildings, related blight  

 

By Dan McKay/Journal Staff Writer Thursday, February 25th, 2016 at 12:05am

ALBUQUERQUE, N.M. —

A bipartisan pair of city councilors is taking aim at the blighted, vacant buildings that dot much of the old Route 66 and other parts of Albuquerque.

The Parkland Hills shopping center near San Mateo and Katherine SE remains boarded up. A proposed city ordinance would allow property owners to use boards to cover doors and windows only for 180 days. The owner would have to find a better way to secure the property after that. (Dean Hanson/Albuquerque Journal)

Republican Don Harris and Democrat Pat Davis want to require property owners to remove weeds, fix exterior walls and meet other standards if they leave a building boarded-up and unoccupied for three months.

The proposal already has drawn criticism from NAIOP, the commercial real estate development association, which says the bill is too broad and goes too far.

Harris and Davis – whose districts cover the neighborhoods along East Central Avenue, the old Route 66 – say they’re trying to strike the right balance, not impose unnecessary requirements.

Vacant buildings and shopping centers, they say, are a source of neighborhood complaints and calls to police.

“It drags down our quality of life,” Harris said Wednesday in an interview.

Davis said one vacant shopping center in his district generated more than 50 calls to the city over a two-year period. People complain about dead animals, homeless encampments, deteriorating walls and other problems – a drain on city resources, he said.

“What could we have done with all that police time?” Davis asked.

Lynne Andersen, president of the state chapter of NAIOP, said the bill should focus more clearly on property owners who cause problems, not the vast majority who maintain their buildings.

“The bill is not narrowly focused enough to handle the bad actors,” Andersen said. “Its net pulls in just about everybody that owns a building.”

The proposal, for example, calls for owners to register their vacant buildings with the city and designate a local person to handle complaints.

“Just because a building is vacant doesn’t mean it’s an eyesore or causing criminal problems,” she said.

The rules in place now generally just focus on securing vacant structures, not necessarily keeping them in a presentable state, supporters of the bill say.

The proposed ordinance generally defines a vacant building as a commercial structure that’s been unoccupied for three months without signs of construction.

Property owners who violate the law would be subject to daily $500 fines and other penalties – even demolition by city crews if the problem persists for a year. City Council and district court approval would be required before demolition.

The bill would require property owners to register vacant buildings with the city for $100 every six months and obtain liability insurance of at least $1 million. Owners would need to register a building within 30 days of it becoming vacant.

The proposal would require owners of vacant buildings to: • Remove weeds and trash. • Post “no trespassing” signs. • Fix holes in exterior walls. Boarded-up windows and doors would be allowed only for up to 180 days. • Clean up graffiti within 48 hours.

The bill is months away from final consideration. Harris and Davis said they are open to making changes.

The proposal has been referred to the city’s Environmental Planning Commission for a recommendation before it comes back to the City Council

ALBUQUERQUE, N.M. — Los Lunas Investors said it will break ground this month on a $3.5 million project called The Shops@Los Lunas.

The developers saw a need for soft-goods merchants in the burgeoning commercial district anchored by the Lowe’s Home Improvement store along Los Lunas’ Main Street.

Rue 21, Hibbett Sports, Maurices and Famous Footwear have signed long-term leases in the 20,000-square-foot development near the Interstate 25 and N.M. 6 interchange. Construction is scheduled to be completed by the end of

June.

It is the first ground up project for the development partners, Provident Realty and the Allen Sigmon Real Estate Group.

They are the latest development players in a fast-growing retail area, which, in addition to Lowe’s, includes Applebee’s, IHOP, Buffalo Wild Wings and PetSmart, as well as banks and gas stations.

He said the retail area draws customers from Belen, Albuquerque’s South Valley and even as far away as Socorro.

“The interest from (potential tenants) so far has been outstanding,” Martinez said

of the next phase, which has the placeholder name of “Shops Phase 2.”

Prospective tenants include national names that might want to take up the whole space. The development also could nicely accommodate a multi-tenant scenario, he added. Los Lunas Investors is also eyeing another 1.7-acre pad site for future development, said Jeff Martinez, a partner with Allen Sigmon

An artist's rendering of the first phase of the Shops@Los Lunas. (Courtesy Allen Sigmon Real Estate Group)

Los Lunas to get$3.5 million retailproject By Steve Sinovic / Journal Staff Writer

Monday, February 1st, 2016 at 4:29pm

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AG: State can’t conceal names of medical pot producers By Olivier Uyttebrouck / Journal Staff Writer

Monday, January 4th, 2016 at 11:32pm

Copyright © 2016 Albuquerque Journal

In a strongly worded letter, New Mexico Attorney General Hector Balderas said Monday that a Department of Health proposal to disclose the identities of licensed nonprofit producers of medical cannabis doesn’t go far enough to abide by the state’s open records law. Balderas contends that state law doesn’t authorize the agency to withhold the names of more than 4,000 New Mexicans licensed to grow their own supply of medical pot. The proposed rule change would remove a confidentiality provision that conceals the names of people who grow and distribute medical marijuana in New Mexico. But the proposed changes include a provision that would conceal the identities of personal production license holders, who on Dec. 2 numbered 4,045. Hearing on medical pot rules The New Mexico Department of Health will receive public comment about proposed rule changes to the state’s medical cannabis program. The hearing will begin at 9 a.m. Wednesday at the Harold Runnels Building auditorium, 1190 S. St. Francis Drive, Santa Fe. The proposed rules also would maintain confidentiality for those applying to become licensed nonprofit producers until the closure of the application period. In his letter to state health officials, Balderas said the state’s medical marijuana law

doesn’t authorize the Department of Health to conceal the identities of people with personal production licenses or pending nonprofit producer applications. “We believe that this regulation not only exceeds the Department of Health’s statutory authority to promulgate rules, but also circumvents the mandates and intent of the IPRA (Inspection of Public Records Act),” Balderas wrote. Balderas noted that the state’s medical marijuana law authorizes the Department of Health to keep confidential the names and addresses of people with a registry identification card, which allows them to legally purchase medical pot. But it does not authorize the agency to keep confidential the identities of personal producers and applications for licensed nonprofit producers, Balderas wrote. “A public agency cannot unilaterally determine that it will withhold records by creating a confidentiality regulation, unsupported by legislative authority, to bypass the” open records law, he wrote. The Department of Health said it will consider Balderas’s letter along with other comments offered during a public comment period. “The Medical Cannabis Program received the letter from the Attorney General today and is reviewing it,” spokesman Kenny Vigil said in a written statement.

The letter and other written comments will be submitted to a hearing officer, who will make a recommendation to Health Secretary Rhetta Ward, the statement said. Nicole Morales, president of the New Mexico Medical Cannabis Patients Alliance, said that releasing the names of licensed patient producers would create a security risk for patients who grow their own supply of pot. “Many patients live in areas that aren’t safe” from thieves and intruders, Morales said. “I can’t imagine anyone wanting to put sick patients in the way of danger.” The Department of Health has licensed 23 nonprofit producers and has selected 12 more for licensure. The agency provides a list of licensed dispensaries to patients licensed to buy medical pot but does not provide the list to the public. In a lawsuit filed in July, freelance journalist Peter St. Cyr and the New Mexico Foundation for Open Government argued that concealing the identity of dispensaries violates the state open records law. Also that month, Gov. Susana Martinez issued a directive ordering the Department of Health to publicly identify dispensaries and their employees after adopting the required regulatory changes.

Medical pot producers in NM make case for confidentiality By Olivier Uyttebrouck / Journal Staff Writer

Monday, January 7th, 2016 at 12:05am

SANTA FE – Medical marijuana producers told state health officials Wednesday that disclosing the locations of growing facilities would invite criminals to burglarize the sites, while open-records advocates countered that greater transparency will help ensure fair and effective management of the state’s cannabis program.

“We have a product that criminals want,” said Eric Briones, founder of the Minerva Canna Group of Los Ranchos, one of 23 nonprofits licensed by the state Department of Health to grow and sell medical pot.

Minerva must conduct its business in cash because banks don’t take deposits from cannabis growers, he said. “We have cannabis and we have cash.”

Briones was among dozens of speakers at a New Mexico Department of Health hearing Wednesday in Santa Fe, held to gather public comment about proposed rule changes to New Mexico’s medical cannabis program. The proposed changes would remove a confidentiality provision that conceals information about licensed nonprofit producers, including the locations of growing facilities and the

identities of board members and employees.

Craig Erickson, an attorney acting as the hearing officer for the proposed rules, said he will draft a recommendation within 30 days for Health Secretary Rhetta Ward, who will make a final decision about the new rules.

Kip Purcell, an attorney who filed a lawsuit in July against the Department of Health seeking public disclosure about medical cannabis producers, said growers knowingly assumed the risk of producing a

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product that remains illegal under federal law. “The producers went into this with open eyes,” Purcell said after the hearing. “In the meantime, citizens here have a right to know who their neighbors are.” Purcell filed the lawsuit on behalf of freelance journalist Peter St. Cyr and the New Mexico Foundation for Open Government. It contends that concealing the identities of dispensaries and producers violates the state’s Inspection of Public Records Act. The proposed regulations would maintain confidentiality for groups applying to become licensed nonprofit producers until

the closure of the application period. That provision prompted Attorney General Hector Balderas to send a letter to Department of Health officials on Monday saying that the 2007 medical cannabis laws doesn’t authorize the agency to conceal applications from nonprofits. Tania Maestas, director of the Attorney General’s open government division, told a hearing officer Wednesday that Balderas does not advocate disclosing the names of people who have received a personal production license, which allows them to grow their own supply of medical pot. More than 4,000 New Mexicans have personal production licenses.

Maestas clarified the intent of the letter, saying Balderas objected to a proposed rule change that would create a specific exemption for people with personal production licenses, which would allow the agency to conceal their identities. Maestas said the Department of Health already has the authority to conceal patients with personal production licenses because they are among some 20,000 New Mexicans licensed to legally purchase medical marijuana. The state’s medical marijuana law specifically authorizes the Department of Health to keep confidential the identities of patients licensed to legally purchase medical pot.

State agency publishes names/addresses of medical cannabis producers By Olivier Uyttebrouck / Journal Staff Writer

Monday, January 7th, 2016 at 12:05am

The names of New Mexico nonprofits licensed to grow and sell medical marijuana were posted Monday on the state Department of Health website.

The disclosure marks the first time the names of licensed nonprofit producers have been revealed publicly since lawmakers approved the medical cannabis program in 2007.

The website lists the names and addresses of 23 nonprofit producers licensed several years ago by the Department of Health. It also lists the names of 12 nonprofits approved for licensure last year, many of which do not yet operate dispensaries.

Until Monday, the identities of medical pot producers had remained confidential under Department of Health regulations.

The confidentiality rule was challenged last year in a lawsuit filed by freelance journalist Peter St. Cyr and the New Mexico Foundation for Open Government.

In June, Gov. Susana Martinez ordered the agency to make the information public.

Some nonprofits operate in multiple locations. Nonprofits listed by city are:

■Albuquerque: Cannaceutics Inc.; CG Corrigan; Grass Roots Rx; HES: Healthy Education Society; High Desert Relief; MedZen Services Inc. (two locations); Sandia Botanicals Inc.; Minerva Canna Group Inc.; Natural RX; New Mexico Top Organics; R. Greenleaf Organics Inc. (two locations); SWOP: Southwest Organic Producers; The Verdes Foundation.

■Bernalillo: New Mexico Top Organics.

■Clovis: Budding Hope.

■Española: New Mexicann Natural Medicine.

■Farmington: New Mexico Alternative Care.

■Gallup: Red Barn Growers.

■Grants: G&G Genetics.

■Hobbs: New Mexico Top Organics.

■Las Cruces: Mother Earth Herbs Inc.; MJ Express-O.

■Las Vegas: New Mexicann Natural Medicine.

■Los Lunas: Natural RX Inc.; Minerva Canna Group Inc.

■Placitas: C.G. Corrigan Inc.

■Roswell: Compassionate Distributors.

■Roy: Budding Hope.

■Ruidoso: Compassionate Distributors Inc.

■Santa Fe: Fruit of the Earth Organics; Sacred Garden; New Mexico Top Organics; New MexiCann Natural Medicine.

■Taos: New Mexicann Natural Medicine.

An additional 12 licensed nonprofits were selected for licensure in 2015 and have started production but have not yet opened dispensaries.

They are: Giving Tree; Harvest Foundation; Keyway Inc.; Kure Inc; Organtica; Pecos Valley Pharm; PurLife; Seven Clover; Seven Point Farms; Southwest Wellness; Urban Wellness; and Verde Care

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Greenhouse for medical pot cultivation gets OK By Nicole Maxwell / Mountain View Telegraph PUBLISHED: Tuesday, September 1, 2015 at 12:05 am

The Torrance County Commission has given a green light to a pot-growing greenhouse near Abo.

Commissioners voted 2-1 in favor of upholding Planning and Zoning Director Steve Guetschow’s interpretation of the current zoning ordinance in reference to a decision that allowed a legal medical marijuana greenhouse operation on the Loma Parda subdivision near Abo.

The negative vote came from Commissioner Julia DuCharme, who said it appeared the operation is a commercial use and the zoning states that commercial uses are not allowed except on a case-by-case basis.

“You admitted that you have employees working on property. You admitted that it is not for personal use. Then what kind of use is that if it is not commercial? Is it educational? Is it charitable? What kind of use? You didn’t specify. I am convinced that it is commercial use. I feel that this ordinance was interpreted incorrectly,” DuCharme said.

Commission Chairman LeRoy Candelaria disagreed, stating that Guetschow interpreted the ordinance to the best of his ability.

A meeting was held last month between JBM Land and Cattle and the Loma Parda residents at the law offices of Wallin, Huss and Mendez with both county attorney Brandon Huss and Torrance County Manager Joy Ansley attending. The appellants – the landowners – did not want to participate in the meeting, Huss said.

“We did not have any grounds to make a deal but they – JBM Land and Cattle – did show up and talk about attempting to participate in community affairs. JBM Land and Cattle were there but no deal could be made,” Huss said.

Trevor Reed of JBM Land and Cattle said via email that company representatives will meet with neighbors. The land where the greenhouse is located is in a conservation district, which means that only certain activities are

permitted on the property, such as low-intensity agriculture operations, cultivating and harvesting of plants and croplands along with other uses as set forth in the Torrance County Zoning Ordinance.

The marijuana greenhouse that was approved by the state Department of Health and the Torrance County Planning and Zoning Board has been a source of contention with its neighbors in the Loma Parda subdivision near Abo in southern Torrance County.

“Personally I’m against marijuana although I know medical marijuana is a different subject. The same as many other drugs – pills and things – that are legal and are treated in the wrong way many times. I think that is something that has to be considered. I also know that there is a possibility that this could end up in a court and that the county has to be (financially) responsible for whatever that decision might be,” Commissioner Jim Frost said.

Another Santolina application heading before Bernalillo County By Dan McKay / Journal Staff Writer Tuesday, January 26th, 2016 at 8:24am

ALBUQUERQUE, N.M. — Bernalillo County has a new application to consider from the development team that envisions a new Rio Rancho-size community on the far West Side. Western Albuquerque Land Holdings LLC – a company managed by Barclays Capital Real Estate – submitted an application Monday for a “Level B” master plan covering about 6½ square miles. It’s for the planned community known as “Santolina,” which supporters hope could be home to 90,000 people in 40 to 50 years. The development would lie south of Interstate 40, roughly near 118th Street. Bernalillo County commissioners last year narrowly approved a “Level A” master plan for Santolina. The new application is for a more detailed plan that covers less territory. County planners and other staffers will now analyze the application to ensure it’s consistent with what the county has already approved and other requirements for planned communities. “We’re going to treat it no differently than any other submittal,” said Enrico Gradi, the county’s planning director The plan’s first hearing is scheduled March 1 before the County Planning Commission, though it’s not clear there will be action that day. After the planning commission makes a recommendation, the County Commission itself will take up the plan. If the “Level B” plan is approved, yet more approvals – including a “Level C” plan – will be required before the development of Santolina. The county plans to post the application and similar material on its website at bernco.gov/santolina before the March 1 hearing. County staffers will evaluate the plan based on requirements outlined in a city-county document called the “Planned Communities Criteria.”

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North Valley waste transfer station given green light By Rick Nathanson / Journal Staff Writer Friday, November 6th, 2015 at 5:00am

Albuquerque’s Environmental Planning Commission late Thursday voted 6-3 to approve the construction of a waste transfer station on land near Edith Boulevard and Griegos Road in the North Valley.

The transfer station will be a holding facility where waste collection trucks drop off their loads for transfer to the city landfill on the West Side.

The commission took the vote after a hearing that lasted more than five hours and after a presentation from the architectural firm that designed the station, and comment from city officials, and a steady stream of residents from the affected neighborhoods who flat out didn’t want it in their backyards.

More than 40 people from the community, some of them health professionals, voiced concerns about increased truck traffic along Edith and Comanche/Griegos, as well as increased diesel fumes, dust and noise, offensive odors, the safety of pedestrians and bicyclists, and the quality of life and health considerations of people living near the transfer station. Others worried that the presence of the transfer station would negatively affect their property values.

The only people to speak in favor of the project were city officials and representatives of the architectural firm. According to them, the transfer station, will save 2 million truck miles a year — the equivalent in greenhouse gases from

936 passenger vehicles — and it will save $75 million over 20 years. Another plus is that the city already owns the 22-acre property and it is already zoned for that purpose, they said.

The zoning issue, however, is a bone of contention for many of the neighbors.

The city had applied for a zone change from the land’s current M1 classification for light industrial, to SU, or special use, said David Wood, president of the Greater Garner Neighborhood Association, where most of the residents immediately affected live. “At the same time, they’re saying they don’t need a change because they can do it under the existing zoning. For that reason alone the zone change should be denied, but they (city officials) refused to get into the nuts and bolts of the real zoning issue, because then it becomes a legal issue.”

The project must still be approved the New Mexico Environmental Health Department, and opponents can still appeal the commission’s decision to the City Council.

“It’s inherently unfair to ask a poor community to have to go through the legal costs to preserve their neighborhoods,” Wood said. “We have retained a land use attorney and the issue is do we have the will and the money to fund an appeal.” The neighborhood association will meet next week to discuss how to proceed, he said.

The property is currently used as a maintenance and storage yard for city

vehicles and equipment. It also has administrative offices for the Solid Waste Management Department.

The proposed transfer station, which will cost an estimated $38 million to $40 million, will feature an indoor waste transfer area with an air filtration system and a misting system to confine offensive odors and minimize dust. Buildings and a perimeter wall will be made with sound absorbing materials. There will be a public drop-off area for waste and items that can be recycled, and there will be plenty of parking and landscaping.

Albuquerque’s chief operating officer Michael Riordan said he was pleased with the decision by the Environmental Planning Commission and that the city worked with the neighborhood associations and residents to develop a project that “mitigated all the potential issues” that they brought up, including health concerns, which were analyzed by the city’s Environmental Health Department.

Riordan said if the project gets all the necessary approvals and goes forward, construction would not likely begin until fall of 2017.

Voting in favor of the project were commission chairman Peter Nicholls, vice chair Karen Hudson, Bill McCoy, James Peck, Victor Beserra and Dan Serrano. Voting in opposition were commissioners Maia Mullen, Moises Gonzalez and Derek Bohannan.

Samantha Esquivel, KOB Eyewitness News 4 Updated: 02/17/2016 6:55 PM

CARLSBAD, NM -- Garbage glass of any color, size or type can now instantly be turned back into sand - an investment one city in New Mexico is taking.

"This machine is designed to grind up glass bottles, glass containers - any kind of glass - and turn into dust and then they can be recycled," said Eric Brunnemann, Superintendent for Guadalupe National Park.

Through a partnership, the city of Carlsbad and Guadalupe National Park hope that people will help keep glass out of landfills.

"At the end of the day, when you're able to grind this up here locally in small amounts and then either give it away or conceivably sell it, and all of a sudden it becomes economical. This is a really good facet for recycling," said Brunnemann.

The city plans on taking advantage of the many different uses of the sand.

"It's going allow people to take the glass that would normally going to the landfill and utilize it in flower beds trenches, playgrounds - there's a variety of sources that we can place this material," said

Michael Hernandez, with the city of Carlsbad.

The pulverizer itself costs about $87,000 and will be permanently placed at the Carlsbad Solid Waste Convenience Center for public use.

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Mesilla considers colonia designation By Steve Ramirez / Las Cruces Sun-News, N.M. (TNS) Tuesday, March 1st, 2016 at 8:53am

MESILLA – Mesilla officials estimate the price tag to meet Mesilla’s basic infrastructure needs — such as water, sewer and roads — are about 10 times the revenues available to improve them. To compensate, they’re contemplating designating at least part of the town a colonia — which would allow it to apply for state and federal funding.

If that happens — and all it would take is adoption of a resolution by the Mesilla board of trustees — Mesilla could become the 36th designated colonia in Doña Ana County and the 144th in New Mexico, according to the U.S. Department of Housing and Urban Development.

Mesilla Public Works Director Debra Lujan said a colonia designation for Mesilla would be significant.

“Oh my God, it would help us tremendously,” Lujan said. “We have so many needs. There are water projects, wastewater projects and at least 11 streets where improvements will probably costs millions.”

A water project that will loop Mesilla’s water system, which is expected to improve water pressure and water quality, is expected to cost at least $980,000. Wastewater lines being installed along approximately a quarter mile of McDowell Road will cost $500,000. The Mesilla streets that have been prioritized have a price tag of at least $9 million.

“The need is dire,” Mayor Nora Barraza said.

Mesilla’s current fiscal year budget is $1.4 million.

HUD defines a colonia as a rural community or neighborhood within 150 miles of the U.S.-Mexico border that lacks basic infrastructure, such as adequate sewer, water or housing. Many of the 245 colonias in New Mexico, Arizona and California typically lack other basic services such as electricity, garbage service, water drainage, schools and community facilities. Doña Ana County and Catron County each have 35 colonias, and no other county has more, according to HUD statistics.

Colonias also come in all types; some are entire border communities, others are remote subdivisions, and others, like the designation Mesilla seeks are

neighborhoods within communities. Barraza said Mesilla will try to designate its historic district, bounded by Calle del Norte to the north; Calle del Sur to the south; state Highway 28 to the east and Calle de Oeste to the west.

Barrraza agreed with U.S. Census data that shows Mesilla is a community of haves and have nots. While the median household income is estimated to be $55,577, census data also shows 19.6 percent of the town’s 2014 estimated population of 1,880 is living at or below the federal poverty line, which ranges from an annual income this year of $11,880 for an individual to $40,890 for a family of eight. That’s about on par with the statewide poverty level of 20.4 percent.

Barraza said many of Mesilla’s older and poorer residents live within the projected area for colonia designation.

“Some do not, but the majority of the older residents are living without town water or sewer lines,” she said. “They’re living on private water wells that are getting old, and septic systems. … All of the streets in that area are not paved.”

Mesilla has been working with the Border Environment Cooperation Commission the past six years on improvements for the town’s water system. Three water lines will be added to Mesilla’s water system, and will allow 12 first-time residential connections to be added to the system. Also, new loops will be created in the system that are supposed to eliminate stagnant water.

Slow recovery from the economic downturn that began in 2008 has hindered road improvements in Mesilla’s historic district. One street in particular, Calle de Parian, which crosses the historic district from Calle de Oeste to Avenida de Mesilla, was rutted with potholes and severely cracked pavement and had to be temporarily rebuilt. Barraza said the road will now require additional drainage improvements and could cost $1 million to rebuild.

But town finances and dwindling state funds and grants have made it hard for town officials to make the necessary improvements to Calle de Parian.

“The town has received funding here and there to do what could be done,” Barraza

said. “Because those resources have been so tight, we’ve had to use what’s available and make improvements in phases, portions of the roads at a time.”

Designation as a colonia could allow Mesilla to become eligible for Colonias Infrastructure Funds, which have been allotted annually since 2005. State Rep. Doreen Gallegos, D-Las Cruces, could not say exactly how much is in the fund, but Diana Bustamante, executive director of the Colonias Development Council, estimated it could be as much as $50 million.

“Every year since the fund was established, anywhere from $11 to $13 million has been put in it,” Bustamante said.

The fund is used to pay for basic infrastructure projects in New Mexico’s colonias.

“It could be a good or bad thing for Mesilla,” said Gallegos, whose legislative district includes numerous colonias in southern Doña Ana County. “It could be a good thing for Mesilla to have a colonias designation, but the bad thing is it’s difficult to get (those funds) because they’re often limited. It’s also used by Indian reservations who have projects they want to build too.”

In recent years, there have been some legislative efforts to eliminate the fund and put it to other uses. Gallegos said the fight must go on to preserve those funds.

“I get concerned when they talk about wiping out those funds,” said Gallegos. “We need to continue to help those extremely poor areas.”

Bustamante was critical of Mesilla’s attempt to be designated a colonia.

“I don’t see how they want to do that,” she said. “I wouldn’t go there. I don’t think Mesilla would qualify.”

A presentation will likely be made to Mesilla trustees in about two weeks. Town Clerk Cynthia Stoehner-Hernandez said it is possible at least one public hearing could be conducted.

If the resolution is approved to designate part of Mesilla as a colonia, it would be sent to the state with final approval, anticipated by the end of the year.

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Angel Fire: Family Dollar debate points to zoning issues By Ellen Miller-Goins, News Director October 21, 2015 at 5:09 pm

A setback variance request that would have allowed construction of a Family Dollar Store in Angel Fire was removed from the agenda but it still dominated the Angel Fire Village Council meeting Tuesday (Oct. 20) — and raised a larger discussion on the character and future zoning for the village.

Mayor Pro Tem Chuck Howe asked council to remove the 105-foot setback variance agenda line item because McQuarrie Revocable Trust, the entity that was selling property to Triple C Development, asked to have their request withdrawn with the understanding that they would still have the right to refile.

A number of people in the audience had signed up for the public comments that precede council discussion and Mayor Barbara Cottam encouraged

them to have their say.

Roger Lowe, co-founder of Lowe’s grocery stores, including Lowe’s Valley Market said a Family Dollar would negatively impact not only his business, but also the Angel Fire Community. Referencing what he called “economic displacement,” Lowe said, “A Family Dollar store will suck the life out of this community.”

Local resident and business owner Carl Nelson expressed his belief that a Family Dollar would only bring “low-level, low-skill jobs” and “cannibalize” gross receipts taxes from “other businesses in Angel Fire.”

Barry Lindsey, another local and business owner cautioned against any variance that would alter the current 45-foot maximum setback of the Mountain View Overlay District that extends from Centro Plaza to the blinking light. “A lot of time went into the Overlay District,” Lindsey said.

Others — including Lisa Sutton, Alexandra Sternhagen (speaking both for herself and reading a letter from Ginger Lagasse), and Marcia and Guy Wood — spoke out against Family Dollar because it would have a negative impact on Angel Fire’s character.

Sutton urged council to “hold true to the vision” as that impacts visitors’ first impressions as they drive into Angel Fire.

Reading from Lagasse’s letter, Sternhagen said, “I believe we desire to build toward a Sedona-style of town rather than an Española.”

Marcia Wood opined, “Our tourists come to Angel Fire for it’s beauty and unique shops,” then questioned the wisdom of building a Dollar Store in a community with an above-average annual income. “Those who believe a Dollar Store would be a shot in the arm have not done their homework.,” Wood said.

Guy Wood also cautioned against a variance. “What a precedence that would set. If there’s a reason for the overlay, let’s go back and look at it.”

Speaking on behalf of the McQuarrie Revocable Trust, Scott McQuary, whose parents moved to Angel Fire in the early ’70s, said, “government should not be in the position of choosing winners and losers. That should be left to the marketplace... The welfare of all the residents of this village needs to be taken into account.”

Noting that parents currently must drive to Taos to buy school supplies, McQuarrie said, “Lowe’s, for example, is not a general merchandise business.”

McQuarrie concluded that it would unfair to require those who work in Angel Fire to drive to Taos for all their shopping.

Stan Samuels, owner of North Country Real Estate and other Angel Fire businesses, told council he had a petition with about 100 signatures from citizens who support Family Dollar.

Another longtime resident, Don Borgeson, who works at Monte Verde Realty, said he wanted to talk about the Overlay District, not Family Dollar. Referencing narrow “panhandle lots,” he said, “There are some problems with the Overlay District we did not anticipate. We, as a community, need to figure out how to encourage business in this community.”

The narrow lot was one reason for the variance request. In a letter to council, Trey Williams of Triple C Development and Jonathan Burkhardt of Burkhardt Engineering, noted, “the site is too narrow” for semi trucks to make deliveries then get back out safely. Their letter also noted “Customers want to park as close to the building as possible.”

A few commenters at Tuesday’s meeting stated there were other lots along Mountain View Boulevard/Highway 434 that would not require a setback variance.

Should village setbacks be changed? The Mountain View Overlay District came to the fore later in the meeting during the first reading and public hearing for amendments to title Nine of the Village Code. Item 9-11-C-4 would have changed the current 45-foot maximum setback to 100 feet. With Village Attorney Joe Canepa cautioning against making this another discussion about Family Dollar, another discussion about setbacks ensued.

Christine Breault, administrative assistant for Planning and Zoning, told council part of the motivation for the current setback was “to avoid strip malls” in Angel Fire.

Councilor Christy Germscheid, acknowledging Canepa’s caution, said while she appreciated the comments for members of the community, “Whether or not they want a Family Dollar is not the issue, the issue is the Overlay District.”

Mike Stille, chairman of the Planning and Zoning Commission recommended council send the change back to the commission.

Council voted to send the amendment back to Planning and Zoning.

Scott McQuarrie speaks out in favor of a setback variance during the Angel Fire Village Council meeting Tuesday (Oct. 20) at Village Hall. (Photo by Ellen Miller-Goins)

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Club Rio owner submits zoning change for North 9 By Ann Powers / Rio Rancho Observer Saturday, January 30th, 2016 at 12:05am

Club Rio Rancho owner Jhett Browne submitted an application to the city Wednesday requesting the “North 9” holes of the golf course be rezoned for residential use.

City spokeswoman Annemarie Garcia confirmed the application was received. Browne expects the matter to go before the planning and zoning board around the third week in February.

Pulte Homes is looking to buy the North 9 holes, which occupy 67 acres and were closed in 2013 by a previous owner due to water and cost concerns. The homebuilder wants to construct 180 “upscale” homes on the site. The purchase is in escrow for $3.2 million.

Browne has said the purchase would allow him to pay off $3 million in loans, keep the club open and save homeowners up to $100 million in lost property values.

He said he also would be able to pay off the approximate $140,000 he owes the city for the recycled water he uses to irrigate the golf course.

The golf course would be left with 18 holes.

Disgruntled homeowners living along the North 9 don’t like the

prospect of having their large windows open up to a view of someone else’s backyard, or see a decline in their property value as a result of the subdivision. Some have threatened to sue Browne if a satisfactory compromise isn’t reached regarding Pulte’s proposed development.

North 9ers said they might consider a lower-density subdivision plan of 100 to 120 homes. Browne said that’s not feasible.

“Pulte can’t come out economically anywhere close to that,” he told club members at a meeting on Jan. 20.

Browne offered to sell the same site to homeowners for $2.2 million in 2014. In an interview Friday, he said he couldn’t offer the same price to Pulte now to lower lot costs for a lower-density development. Two years ago he owed $1.5 million on the facility. It’s double that amount now.

“I couldn’t if I wanted to,” he said. “The bank owns the note.”

Browne said he’s held out on the zoning application for as long as he could, hoping a compromise would be reached with North 9 residents beforehand.

“I truly hope some kind of an agreement can be reached,” he said.

West Side parcel near St. Pius might get new life By Jessica Dyer / Journal Staff Writer Updated: Tuesday, February 9th, 2016 at 5:03pm

ALBUQUERQUE, N.M. — A stalled West Side development might have new life, with the possibility of restaurants, shopping and perhaps even a grocery store on vacant land across from St. Pius High School.

Retail Southwest Development’s Joshua Skarsgard said his company has plans for a 21-acre mixed-use project at the northwest corner of St. Joseph’s and Coors. Skarsgard intends to take his site development plan for subdivision, which includes retail and office space, to the city’s Environmental Planning Commission next month. Should the project clear that board and get the necessary city approvals, he said construction on the first phase could begin this fall.

Skarsgard has named it “Coors Pavilion” and estimated the price tag would reach about $20 million. There have been previous efforts to develop in that area. Sunland Development proposed a mixed-use project with shopping and office about a decade ago, but it never came to fruition. A subsequent effort for some single-family housing on the property failed to get approval.

Skarsgard said he has entered into an agreement to acquire the site from its current owners. He’s bullish on its potential to address a long-standing imbalance between the number of people who live on the West Side and the amount of shopping, dining and

work options they have. Shopping centers line Coors already, but Skarsgard sees plenty of opportunity.

“We did a void analysis. They’re missing a high-end grocery. They’re missing some dining choices. There’s a lot of fast food, but not some dining choices on Coors they should have,” he said.

Discussions have begun with a handful of potential tenants, but no leases are signed yet. Skarsgard does not expect any signatures until EPC signs off but said the talks have been with “some fantastic national restaurants and retailers that will be great additions to this neighborhood.” He said landing a grocery store is a priority, and residents have repeatedly requested a “higher-quality” choice, citing the likes of Whole Foods, Trader Joe’s and Sprouts.

As planned, Coors Pavilion’s first phase would include five retail parcels totaling about 31,000 square feet for users like restaurants and shops.

A second phase would bring another 66,000 square feet of construction for larger retailers, like soft-goods stores or a grocer, and could also mean a seven-acre office park. It likely wouldn’t start until late 2017 with completion the following year.

He said the project also would entail developing and paying for a new “deceleration lane” nearby on Coors.

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New Mexico succeeds in legal fight to bar horse slaughter The Associated Press Created: 02/05/2016 11:54 AM ROSWELL, N.M. (AP) - New Mexico has succeeded in a lengthy legal battled aimed at barring a horse slaughter operation from opening in the state. A state district judge in Santa Fe granted an order late Thursday that finalizes a settlement reached with the attorney general's office, animal advocates, Valley Meat Co. and other associated businesses. Valley Meat had sought to convert its cattle processing plant to the slaughtering of horses but the state filed a lawsuit in 2013 in hopes of stopped those plans. An attorney for Front Range Equine Rescue, Bruce Wagman, said Friday that the order and previous rulings from the judge effectively end any chance of a horse slaughter operation opening in New Mexico. The last domestic horse slaughterhouses closed in 2007, a year after Congress initially withheld inspection funding.

Bernalillo to draft ordinance permitting some small farm animals in backyards By Katy Barnitz / Journal Staff Writer Saturday, January 30th, 2016 at 12:05am

ALBUQUERQUE, N.M. — The Town of Bernalillo is one step closer to legalizing backyard chickens and other small farm critters after 78 percent of residents who answered questions in an online survey responded in favor of allowing them.

The survey was designed to determine whether the town should move forward in the creation of an ordinance that would permit small farm animals in residential areas.

Maria Rinaldi, director of community and economic development, said 75 people participated in the survey. The 22 percent who responded in opposition to allowing the animals cited noise and odor as their primary concerns.

About 25 percent of respondents admitted that they already keep small farm animals of some type in their backyards although, under the current ordinance, they’re allowed only in rural residential zones.

“The purpose of the survey was for the town to gauge community interest in allowing something that was already existing,” Rinaldi said.

The survey found support for chickens, rabbits, female goats and sheep, and a bit of interest in pigs.

Rinaldi said that, based on the support shown in the survey’s results, the town will move ahead with drafting an ordinance for formal public input and presentation to the Planning and Zoning Commission. She said she anticipated that the ordinance will appear on the commission’s March agenda.

Next, the commission would make a recommendation for or against adoption of the ordinance, at which point the town council will make the final decision regarding its passage.

The ordinance will address concerns about lot sizes, and the number and type of animals allowed in a yard.

DID YOU REMEMBER YOUR MEMBERSHIP By Linda Alire-Naranjo Program Development & Training Director New Mexico Municipal League

In order to be eligible to run for the NMLZO Board of Directors, or to serve on any Committee, or to vote on any issue, or to apply for scholarships, or to acquire certification and recertification, etc., you must be a full dues paying member of the NMLZO for Fiscal Year 2015-2016.

Last July, the New Mexico Municipal League sent renewal statements for Fiscal Year 2015-2016 NMLZO Membership dues. If you have not received a statement, please consider joining or renewing your membership by filling out the NMLZO membership application and sending it soon to the NM Municipal League Office with your check payable to the NMLZO.

If you are unsure whether your Membership Dues Renewal Invoice of July 1, 2015 was paid or whether you are a member or not, please refer to the current Membership List to see if your name is on it. Act Fast! Complete the NMLZO membership application form if your name does not appear on the Membership List.

SPECIAL NOTE: If you know someone who may be interested in joining, please feel free to sign them up! Don’t forget, you can accumulate points toward your certification for membership recruitment.

A NMLZO Membership list and Application form can be obtained on-line at www.nmml.org click on Subsections then on Zoning Officials.

Should you have any questions, please call me at 800-432-2036, Ext. 513.

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Officials take aim at short-term rental laws By Mark Oswald / Journal Staff Writer Friday, January 8th, 2016 at 12:02am

SANTA FE, N.M. — Battle lines were drawn Thursday when Santa Fe city government officials presented proposed changes to the ordinance governing short-term rentals that are intended to deal with the booming expansion of vacation rental websites like Airbnb.

Some residents and neighborhood advocates objected to the idea of opening up Santa Fe to an unlimited number of short-term rentals, as city staffers have recommended, arguing that turning houses into vacation lodging is destroying some residential areas.

“This is pulling the fabric out of Santa Fe,” said Dena Aquilina, who lives in the South Capital neighborhood near downtown. She said it was “tiresome to feel like you’re living in a motel parking lot.”

Others said they are being “run out” of their neighborhoods. “This is open season,” said one man of lifting all limits on short-term rentals. “Basically, what you’re saying is, if you live downtown, you don’t need to be there.”

Randy Randall, head of the city’s tourism bureau, defended lifting the 350-permit limit for rentals of less than 30 days and also ditching an existing rule that limits such rentals to 17 times a year per permitted host.

All sides agree the rules established in 2008 are now widely ignored, with hundreds of online listings without city permits or paying city taxes. “The horse is out of the barn,” Randall said. He said Santa Fe can either let short-term rentals expand without controls “or we can try to get our hands around it.” The situation, he said, “is basically out of control right now.”

“We can’t put our head in the sand and pretend it’s going to go away,” Randall said.

Neighborhood advocates want a broader discussion about the impact of short-term rentals. Richard Ellenberg of the Canyon Neighborhood Association said the political question before city leaders is whether more vacation rentals “is good for the city or not.”

Randall and other staffers have recommended following the lead of other tourist-heavy cities that have no limit on the number of short-term rental licenses, but require all such rentals to be registered and licensed.

All rentals would also be subject to the city’s 7 percent lodgers’ tax – a recent consultant’s study said Santa Fe is losing out on as much as $2.1 million in lodgers’ taxes from unregistered vacation rentals – and there also would be a beefed-up penalty structure and two

city employees dedicated to enforcement, paid for with the expected increase in permit fees.

Randall and other city staffers said the plan, which is expected to go before the City Council, is intended to “level the playing field” among lodgers and rental hosts. Randall said all of them benefit from the promotion and advertising of Santa Fe paid for with lodgers’ tax revenues, but many aren’t collecting the taxes.

There was also push-back Thursday from people who manage vacation rentals or operate their own. One said vacation rentals businesses are already allowed under zoning in the downtown business district and get businesses licenses, and questioned why another layer of permits and fees was necessary. Another called the proposal a “double whammy” for such operations.

One man said his family only rents out their house a couple of times a year when they’re gone. He said he hoped the city would make “a space for that.” The proposal calls for a $325 annual permit fee and a $100 application fee. An Airbnb host questioned what he would get back for paying city fees and taxes. Randall said hosts can have a link on the city’s tourism site and reiterated that all lodgers benefit from city-financed promotion of Santa Fe. “Getting the word out is causing people to come to Santa Fe,” he said.

Former City Councilor Karen Heldmeyer said vacation rentals are driving up housing costs for residents as “houses are bought up for short-term rentals.”

City land-use planner Noah Burke noted that city has had only 93 complaints about short-term rentals since 2008, data that don’t appear show a high impact on neighborhoods. Part of enforcement of the rules, he said, “lies on the neighborhood.” The city has been working on an agreement with Airbnb. Randall said the company is willing to collect lodgers’ taxes and remit them to the city for permitted hosts. But Airbnb will also allow non-permitted rentals on its site. It’s not Airbnb’s job to enforce city law, said Randall.

Some critics said the proposed changes are about “dollar signs,” more money for city coffers. Randall insisted that’s not the only motive, and keeping track of rentals and where they are is also important. The proposals got the support of Chamber of Commerce CEO Simon Brackley. “This ordinance is an attempt to keep up with new technology,” he said.

Randall said the debate stems from Santa Fe’s popularity. “If you move to Española, you won’t have a problem with short-term rentals,” he said.

SCHOLARSHIP APPLICATIONS AVAILABLE By Linda Alire-Naranjo, Program Development & Training Director - New Mexico Municipal League

In conjunction with this year’s NMLZO Semi-Annual Conference scheduled in Las Cruces May 4-6, a limited number of scholarships will be offered. There will be full scholarships that cover the registration fee and two hotel nights as well as partial scholarships that cover the registration fee only.

Recipient(s) will be expected to furnish their own transportation and meals if not included with the registration fee, and lodging for those who obtain the partial scholarship.

For more details, the scholarship criteria and application will be available to all NMLZO Members online at the NMML website at www.nmml.org, click on Subsections then Zoning Officials.

SPECIAL NOTE: In order to be eligible for a scholarship, you must be a Member of the NMLZO.

Scholarships will also be available in conjunction with the NMLZO Annual Meeting/Workshop in September 2016.

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Fracking plan for oil well near RR hits snag By Antonio Sanchez / Rio Rancho Observer staff writer Saturday, January 23rd, 2016 at 12:05am

The Sandoval County Planning and Zoning Division staff has recommended denial of a zone change sought by SandRidge Energy for an exploratory and production oil well west of Rio Rancho, contending it hasn’t submitted enough information to support the request.

The recommendation was filed this week with the Sandoval County Planning and Zoning Commission, which is scheduled to resume a hearing on the proposed change on Thursday.

The commission continued the matter from its Dec. 10 meeting where 60 people signed up to comment on the controversial proposal. Almost 40 people had yet to speak when the meeting was continued.

The planning and zoning division’s recommendation states the information provided by SandRidge about the production aspect of the well lacked “adequate information” regarding seven requirements in the county’s zone map amendment guidelines:

Accessibility to property and existing or proposed structures, with particular reference to automobile and pedestrian safety, traffic control, and emergency access.

Off-street parking and loading areas, with particular attention to the refuse and service areas.

Water and liquid waste facilities, with reference to soil limitations, locations and public health.

The economic, noise, glare, or odor effects on adjoining properties.

The general compatibility of the proposed zoning use with adjacent properties.

Overall health and safety of the community. Conformance to the Sandoval County Comprehensive Plan.

The division proposes 16 steps Sandridge could take to address the division’s concerns, including development of an emergency services plan, a pollution insurance policy and statement of acknowledgement that SandRidge will use “tracers to determine the extent of the hydraulic fracking fractures to ensure there is no communication with fresh water zones.”

A SandRidge representative could not be reached by the Observer’s deadline. Bob Gallagher, a consultant for the Oklahoma-based company,

declined to comment.

Sandoval County resident Mike Neas, a vocal opponent of SandRidge’s proposal, said he was pleased with the planning and zoning division’s recommendation. He said it was possibly due to last month’s outpouring of opposition to the well.

“Sandoval County has never seen, at least in my history of the last 10 years, an issue this big and this well-attended at a planning and zoning commission meeting,” he said.

A county oil and gas ordinance should be created, Neas said, to help ensure protection for residents of the county.

“We need oil and gas – I drove to those meetings, I drive to all those meetings – but we need to figure out a good way where oil and gas can exist without destroying our water, our air, our food and our quality of life,” he said.

Thursday’s meeting is set for at 6 p.m. in the commission chambers of the county administration building, 1500 Idalia Road, Building D, in Bernalillo.

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T H E Z O N I N G S T O N E 17 | P a g e

Bid to drill for oil suffers 2nd setback By Antonio Sanchez / Rio Rancho Observer staff writer Saturday, January 30th, 2016 at 12:05am

Residents look at a map of the proposed exploratory and production well site as the county commission chambers fill up before Thursday’s meeting. (Antonio Sanchez/Rio Rancho Observer)

More than 100 people erupted with cheers and applause moments after the Sandoval County Planning and Zoning Commission voted unanimously Thursday to recommend denial of a zone change sought by SandRidge Energy for an oil exploratory and production well west of Rio Rancho.

The decision, by a 6-0 vote, concurred with the planning and zoning division staff’s recommendation to deny the request on grounds it lacked adequate information regarding requirements in the county’s zone map amendment guidelines.

The recommendation will be sent to the Sandoval County Commission, which could take up the issue as soon as next month. Commission approval is required for a zone change.

If approved, the zone change would allow Oklahoma-based SandRidge to drill an exploratory and production well on two acres of privately owned land west of Rio Rancho.

Linda McDonald, a SandRidge Energy agent, and Bob Gallagher, a SandRidge consultant, declined to comment after the planning commission’s vote.

It was standing room only in the county commission chambers, which was filled with protesters and concerned citizens. A line snaked outside the chamber doors, with people leaning into the room to hear nearly two hours of public comment.

More than 40 people addressed the commission, with most opposed to approving the zone change. The meeting was a continuation of the commission’s Dec. 10 session, when just over 20 people spoke, most against the change.

Alan Friedman, a board member of the Anasazi Trials Water Cooperative and the Placitas Trails Water Cooperative, said the county should not consider oil and gas wells until an ordinance is enacted.

Hope Amarado spoke of the negative social and cultural effects oil drilling has had on the Navajo Nation.

Lilly Helean, a fourth-grade teacher at Maggie Cordova Elementary, read a student letter asking the commission to turn down SandRidge’s application.

Sharon Davidson, a Rio Rancho resident and Air Force veteran, said she was compelled to speak at a public meeting for the first time, saying any drilling in the county would force her to move out of the area.

“I’m coming up to retirement soon and I want to retire in Rio Rancho,” Davidson said. “I want to live out my life here in Rio Rancho. I love it here, but I Googled it and I think I’m only eight miles away from this proposed site, and that’s too close.”

Bernalillo Mayor Jack Torres echoed his statements at the December meeting that the county lacked the proper ordinances to oversee oil and gas production wells, again urging the board to recommend denial of the zone change. State Sen. John Sapien, D-Corrales, released a statement Wednesday voicing similar concerns.

Sharon Plate was one of three people who spoke in favor of the project. She said a recent drive to Hobbs informed her opinion.

“What I saw there wasn’t anything destitute, I didn’t see any horrible uses of the land – I saw small areas where the ‘horse heads’ (oil well pumping jacks) were pumping oil out of the ground and what I saw was money,” Plate said.

A representative of the AMREP subsidiary that owns the proposed drill site said at the December meeting that residents should consider the economic opportunities and employment the project could bring to the community.

Over 1,000 emails from the public regarding the request were also collected and filed by the planning and zoning division.

John Arango, chairman of the planning and zoning commission, said after the meeting he was not surprised by the evening’s large turnout.

“Something like drilling an oil well a few hundred yards from your house is likely to be something you’re to be concerned about, so my expectation was that there’d be a lot of people,” he said. Michael Springfield, director of the planning and zoning division, spoke to the commission after the vote, saying there is a need for a land use-specific oil and gas ordinance.

“We’re not in the business of saying ‘fracking isn’t safe’ or ‘oil drilling is safe,’ that’s a different agency, but we can sure get a handle on the land use,” he said.

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P a g e | 18 T H E Z O N I N G S T O N E

.

STEP UP

TO

CERTIFICATION

NMLZO

Every  session of NMLZO  is not only a valuable  learning and networking opportunity, but also a  step  closer  to  fulfilling your requirements to become an NMLZO Certified Zoning Official.  

If your attendance at  the NMLZO Semi‐Annual Meeting/Workshop on May 4‐6  in  Las Cruces will be  considered your  fourth NMLZO Workshop and you meet all of the other criteria in order to be eligible to receive your Certification then NOW IS THE TIME  to  fill out  the Certification Application.     Please  review  the application and  if you determine  that you meet all of  the criteria, please complete the application and note that you will complete your 4th workshop in May.  

If you would like to become certified during the upcoming conference, please submit your application and back‐up documents before or by Friday, April 15th by sending it to my attention.  Please NOTE that if you do not submit all of the required back‐up documents by this deadline, it may delay your certification.   You can also apply at any point in time after the May Semi‐Annual Meeting to become certified. However, you will not be recognized in front of your peers until the next NMLZO Meeting

By:  Linda Alire‐Naranjo NMML Program Development & Training Director 

Certification  eligibility  is  based on  a  100  point  system  of which  30  points  are  for  attendance  at  four NMLZO Workshops.   Upon submittal of your application, and after  review and approval, you may be able  to receive your  prestigious  Certified  Zoning Official  (CZO)  designation  during  the May Workshop.    Should  you  have  any questions regarding the application and your eligibility, please call me at 800‐432‐2036, extension 513.   

The certification application with criteria is on‐line at the NMML website at www.nmml.org, click on Subsections then Zoning Officials.  

SPECIAL NOTE: To be eligible for certification, you must be a Member of the NMLZO.   The Membership Application  is online at www.nmml.org.  Click Subsections then Zoning Officials.

BASIC

Enjoying Gr_[t E^u][tion[l

S_ssions…H[ving Som_ Fun with N_w [n^ Ol^

Fri_n^s in T[os. Pl[ying G[m_s to

Support th_ NMLZO S]hol[rship Fun^…

Enjoying Gr_[t Foo^ [n^ Sn[]ks to K__p Our En_rgy Up!!

Semi‐Annual Meeting to become certified. However, you will not be recognized in front of your peers until the next NMLZO Meeting in September 2016.

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T H E Z O N I N G S T O N E 19 | P a g e

Acequia activism: Men and women help protect a vital network of irrigation throughout New Mexico By T. S. Last / Journal Staff Writer Friday, December 4th, 2015 at 12:02am

LAS VEGAS, N.M. – Jose Maestas says he hates to even use the term “water rights.”

A former longtime mayordomo, or “man in charge,” of an acequia that serves as the irrigation system for roughly 80 farmers in Las Vegas, N.M., Maestas shuns the concept of people owning rights to something bestowed by nature and so vital to all of human existence.

“Water rights? What the hell does that even mean?” he asked on a sunny December morning near his home on about 8 acres of land fed by Acequia de los Romeros.

Call him crazy, but Maestas, a mustachioed, affable, dry-witted 60-something-year-old who wears a hat that reads “Dinky Dau Fastpitch” – “Dinky Dau” a Vietnamese slang term meaning “crazy” – doesn’t think water should be owned by anyone.

“Water belongs to the land,” he says. “It’s important that water be allowed to flow on the land so we can grow our food. I think God made river bottom land for that very purpose: to grow crops.”

Water rights and urban development are the two biggest impediments to the acequia system that has been a part of New Mexico’s unique history since shortly after the Spanish arrived in the American Southwest more than 400 years ago.

It is said that acequias, which refer both to the irrigation infrastructure itself and the organizational structure of the water-sharing network, formed one of the first democracies on the continent. Then, as they do now, the parciantes, or acequia members, elect the mayordomo, who is in charge of managing the acequia.

To be sure, Native Americans used a channel system to irrigate crops prior to the arrival of the Spanish in New Mexico. But it was the Europeans, who learned from the Moors of North Africa – “acequia” actually an Arabic word meaning “canal” – who developed expansive irrigation systems and a system of governance that has stood the test of time.

“The fact that they are still flowing, and are governed through ancient customs and modern law, through the Spanish-colonial period, and territorial period, to statehood, speaks to their resiliency,” said Paula Garcia, executive director of the New Mexico Acequia Association, a nonprofit organization that, according to its mission statement, works to protect water and acequias, grow healthy food for families and communities, and honor the cultural heritage.

Part of that cultural heritage involves the annual spring cleaning of the acequias. That’s when the parciantes are mobilized to clear the ditches of debris, make any repairs to “compuertas,” or turnouts, and get the irrigation system ready for the growing season.

“That’s an event of great cultural importance and it serves a practical need because there’s always a need to have people clean ditches,” Garcia said, adding that family members who have moved away often come home to pitch in. “It’s a part of someone’s identity to come home and help clean the ditches in March and April.”

It’s not just Hispanic families anymore. She said that members of other ethnic groups who have purchased property tied to acequias typically embrace the system.

“Today, it’s more multi-cultural,” she said.

Garcia said there are approximately 700 acequias currently operating in New Mexico, a good many more in southern Colorado and only a few left in Texas.

The acequia system is still very much a part of people’s livelihoods and the culture of New Mexico, but urban growth and water scarcity present the biggest challenges to its existence, she said.

…Continued on next page…

Jose Maestas, a former mayordomo of Acequia de los Romeros near Las Vegas, N.M., was named Mayordomo of the Year by the N.M. Acequia Association. The outspoken Maestas works to ensure that water remains on the land for future generations. (Eddie M /Alb J l)

Acequia Junta y Cienega irrigates 80 acres in the La Junta-La Cienega area of the lower Embudo River. (Albuquerque Journal File Photo)

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P a g e | 20 T H E Z O N I N G S T O N E

The “modern law” she mentioned tempers their subsistence and restricts expansion of the acequia system. “Whether adjudicated or not, all water rights have been appropriated,” she said, adding that some years there are more water rights on paper than there is wet water from the spring runoff and summer rain. And while, in New Mexico, water rights are determined by beneficial use, “any new use of water has to come from existing use,” she said.

And, these days, water transfers typically go from agricultural use to municipal and commercial use as local governments and developers buy water rights from food growers.

With water rights in northern New Mexico selling for as much as $45,000 per acre-foot in the upper Rio Grande basin, it’s tempting for farmers to sell their rights. Maestas considers that a threat to the tradition of acequias in New Mexico and to farming.

“My ancestors could have sold their water rights and bought themselves a ’39 Chevy,” he decries. “What would we have then?”

El agua es vida

The motto of the state acequia association is “el agua es vida,” water is life. It is what sustains us and, without it, we would not survive.

Each year, the acequia association holds a Congreso, its annual convention, at which there are workshops, seminars and an awards ceremony.

Though he hasn’t served as mayordomo for the Acequia de los Romeros for many years, Maestas was this year’s winner of the Mayodomo of the Year award.

“In every community, there are people who give so much of their life to keeping acequias going. Jose is one of those people,” Garcia said. “He’s been very active in the community, and in advancing the mission of local acequias and keeping water rights intact.”

Maestas spent 15 or 20 years as mayordomo of his acequia. It’s a vital position.

“The mayordomos, and increasingly mayordomas as more women are involved, they hold the acequia together,” Garcia said. “They have to learn the way of the water – how it flows, where it leaks and where it backs up – and they have to know diplomacy. They have to have authority without coercion – authority through respect – and learn the nuances of people’s personalities to get dozens of families to cooperate.”

Maestas did that.

“He’s outgoing and has a good way of relating to people on the ditch,” Garcia said. “He has always relayed a positive message about why acequias are important and done so in a positive way.”

Maestas’s friend and fellow farmer Max Garcia said Maestas goes on the radio several times per year to talk about the importance of water and acequias. He’s spoken to students at the middle school about the same thing and appealed to them to keep their trash out of the ditch, which runs across school property.

He’s also offered some of his own land to youth groups and fellow veterans to grow community gardens.

Max Garcia also relates a story about how, one spring, there was a problem with a clogged culvert that was causing water to back up and flood the road.

“He got fed up with what was going on and crawled inside the culvert. The thing was only about 2 feet wide, and he dug through that mud and found a 5-gallon bucket with a big rock in it and pulled it out. That’s Jose in a nutshell,” he said.

“I just wanted to show these guys that Chicanos could be tunnel rats, too,” Maestas joked, evoking another Vietnam-era term.

Max Garcia said Maestas also came to his aid in a dispute he has with the Office of the State Engineer over water rights to his property, just down the road from Maestas.

“I couldn’t afford an attorney for six acres of water rights, so I defended myself. But Jose was there to defend me and speak on my behalf,” he said.

Maestas says his friend’s predicament is an example of another obstacle acequias face: urban growth.

In this case, it started decades ago when “some highfalutin politicians decided to remove culverts and blacktop Cinder Road,” Maestas said.

“Another bright idea was when they decided to put in the walking path,” he said, referring to a paved bicycle/pedestrian path that runs parallel to Cinder Road.

That prevented the acequia from crossing the road. It took a little doing, but the acequia was eventually able to get the culverts replaced.

As communities grow and intrude onto agricultural land, a lot of the times, water rights evaporate with it. Maestas said another danger is that water rights can be lost if the land is not irrigated for four consecutive years. With the advent of modern times, he said water has become a secondary concern to developers.

…Continued on next page…

A cornfield is flooded with irrigation from an acequia. (Courtesy of Juan Estevan Arellano)

Brennon Buchannon, 8, jumps across Acequia Sena Salazar with his BB gun in 2008. Acequias have a long cultural history in northern New Mexico. (Eddie Moore/ Albuquerque Journal)

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T H E Z O N I N G S T O N E 21 | P a g e

It hasn’t always been that way. It used to be water was considered vital and a top priority.

“When areas were settled, the first priority was to build a church and an irrigation ditch to sustain the families about to live here,” Maestas says just down the road from San Antonio Church, near the Baca Mansion, in a part of town that was once known as “Uppertown.”

It is near here the Acequia de los Romeros has its presa, or diversion, from the Rio Gallinas and runs toward town, branching off to serve properties on both sides of 8th Street. It is the largest of about eight acequias that flow through the Las Vegas area, covering between what Maestas estimates to be about 3 or 4 miles of ditch.

Maestas speculates the acequia was named for a ranch hand of the prominent Baca family, who owned the mansion and much of the land along the river. The priority date, the year the system was constructed, is 1835.

Ever since then, the families that have lived along the canal, and grown corn, squash, beans and other crops have relied on the system to provide food for themselves and the people in their community.

“We had several years of bumper crops of corn and I had my kids sell corn off right off the truck. I wanted them to learn that life doesn’t come through a grocery store,” said Maestas, whose grandfather and father also relied on the Acequia de los Romeros for irrigation.

His three children are all grown up now. But it’s them, and his children’s children, and then their children that he worries about.

“I try to make some noise,” he said of his outspokenness that has rubbed some city and county officials the wrong way. “I take it to heart. Water continues to flow to the land and it’s important that water is on the land for future generations … . These acequias are important not only to this area, but also to anyone who wants to plant and grow real food, for lack of a better term.”

An acequia along the Las Trampas in northern New Mexico is suspended on a trestle. (Eddie Moore/Albuquerque Journal)

Full Page Ad: $150.00 Half Page Ad: $100.00 Business Card Ad: $25.00 per issue or $65.00 for 3 issues

Current circulation is over 200 statewide.

Publication is sent to municipal and county zoning,

planning, and code enforcement officials.

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P a g e | 22 T H E Z O N I N G S T O N E

N M L Z O T-SHIRT SLOGAN CONTEST & FUNDRAISING

WE HAVE A WINNER! …Edward Vigil from Taos County is the Winner of the recent T-Shirt Slogan Contest. His winning entry earns him $50 and a T-Shirt with his design. A special thank you to the six contestants who submitted their creative entries. Want to be part of the in-crowd of promoting NMLZO, our Professional Association? …Buy a NMLZO T-Shirt! They will be available at this year’s NMLZO Conferences on May 4-6 in Las Cruces and on September 14-16 in Santa Fe. Proceeds from this new fundraising item helps fund NMLZO conferences and scholarships. Be on the lookout for other great items at the conferences and don’t forget about our silent auction and door-prize drawings! Feel free to bring local giveaway items or send them with a colleague attending the conference. The NMLZO Board of Directors & the District Representative Committee (DRC) would greatly appreciate your support of these fundraising efforts.

Submitted by: Kerrie Maes, DRC Chair

SIX GREAT REASONS TO BE AN NMLZO SPONSOR  

Reason  An opportunity to meet Planners and Zoning & Code Enforcement Officials from throughout the State.  

 

Reason An opportunity to meet Planning & Zoning Commissioners from throughout the State.    

Reason Statewide Exposure and Name Recognition of your Business/Company.  Reason  Public Relations and Business Development Opportunities in an informal, centralized setting.  

Reason  Discuss  Development  Process  and  share  ideas  and  industry  concerns with  local Officials  and Planning & Zoning Commissioners. 

Reason  Introduce products and services to your local Officials and Planning & Zoning Commissioners.  

Of all  the partnerships we develop  in NMLZO, our  sponsors have a  significant  impact on  the  success of our association.   As members, we derive  the benefit of  their knowledge and experience.   They give us  the opportunity  to grow our networks and broaden our horizons with their information and products.   

Do you have a favorite vendor, contractor or product you’d like to see represented at our next meeting?  We can help you show them how sponsoring our event or placing an ad in our newsletter is a great way to share a very specific message to a diverse group of land use officials in every corner (and of course we mean that literally) of the state!  Just ask any Board Member or DRC Member, or contact Linda Alire‐Naranjo with the New Mexico Municipal League.

1

2 3 4 5 6

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T H E Z O N I N G S T O N E 23 | P a g e

ON TO GREENER PASTURES By: Ron Vonderhaar, Immediate Past President

Since Spring of 2010, The NMLZO has been blessed with a bubbly, energetic, enthusiastic, and creative Newsletter Editor for the ZONING STONE. Unfortunately, all good things must come to an end. After five years of dedicated service, plus a couple of additional years on the DRC, Sylvia Hewett-Schneider resigned as our editor. Her husband completed his divinity school education in 2015 and has been searching for a pastor or assistant pastor position since. He was chosen to serve at an Episcopalian

church in Crosstown, Tennessee (half way between Nashville and Memphis) in January of this year. He was installed on January 24th and celebrated his first Mass on January 28th. Sylvia left her position as the Solid Waste Coordinator in the City of Carlsbad and she and her husband now reside in the green pastures of Tennessee. We will miss her greatly as she brought her own flair to the NMLZO and to the newsletter. We wish Sylvia and her husband well in their new life. She still maintains her internet business. If you wish to contact her, she may be contacted at [email protected]. Thank you for your service and God speed Sylvia!

Answers to Crossword

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P a g e | 24 T H E Z O N I N G S T O N E

This is my favorite desert my mother would make once a year at Thanksgiving.  However, I find it to be a refreshing 

Spring or Summer dessert as well!  

Judy’s Green Salad 1 Regular size can on crushed pineapple 1 Small jar Pimentos 1 Lg. Box Lime Jell-O 1 Bag of Pecans, chopped 1 Lg. container small curd cottage cheese 1 Lg. Container Whipping Cream

In a saucepan combine the lime Jell-O and the juice from the pineapples. Heat until Jell-O is thoroughly dissolved. (Do not boil). In a large bowl combine the cottage cheese, pimentos, chopped pecans and crushed pineapple. In a separate bowl whip the cream until stiff. Gently fold into cottage cheese mixture. Pour into baking dish or individual molds and chill until firm.

Submitted by Kerrie Maes

Some recipes…from our home to yours

 

Cilantro Lime Chicken Sliders with Tomato Guacamole  

Chicken preparation 6 piece thighs, skinless, boneless, cut in half (you will have 12 pieces) ¼ cup chopped fresh cilantro 2 limes, juiced 3tbsp, olive oil Guacamole preparation 1 ¼ cup chopped tomatoes (about 3 plum tomatoes) 2 avocados 1Tbsp, finely chopped white onion 2 Tbsp., finely chopped fresh cilantro 2-3 Tbsp., fresh lime juice ¼ tsp, garlic salt ¼ tsp, sea salt Fresh ground pepper Prepare the chicken marinade by whisking together cilantro, lime juice, olive oil, and salt until combined. Add chicken pieces to a medium bowl and pour the marinade over the chicken, coating all around. Cover the bowl and marinate for 30 minutes, refrigerated.

While the chicken is marinating, prepare the guacamole by combining tomatoes, avocado, onion, cilantro lime juice, garlic salt, and sea salt in a medium bowl, with a fork or potato masher, mash everything together until a chunky consistency. Season with fresh black pepper to taste, cover and refrigerate until ready to serve.

Preheat the fill on medium high and grill the chicken for 3 minutes per side or until no longer pink on the inside.

Assemble Place chicken on the bottom buns, top with a good heaping of guacamole. Serve immediately. Serves 6 as main dish

Submitted by Erica Jiron By@Littlebrokenblog

Tortilla Soup Recipe

2 Roasted tomatoes, peeled and cut in small pieces ½ of small anion, or to test 1 ½ thinly sliced garlic or to taste 2 chopped chipotle chiles (peppers) or to taste 2-Chopped avocados 1 Cup grated monster cheese 2 limes

Sauté all the above mentioned ingredients for about 1 teaspoon of salt ¼ teaspoon of black pepper Stir 3 -5 minutes stirring frequently Add one quart of chicken broth depending on the thickness can add little bit of water at a time 2 tablespoons of mazeca of 10 tablespoons of grated corn tortillas or more/less depending on thickness Add cilantro to taste Add more salt to taste Let it simmer for about 15 minutes Serve Crack tortilla chips in a bowl, Add the broth to taste Add avocado to taste, Add cheese to taste Add lime juice to taste

Submitted by: Hermelinda Vasquez

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T H E Z O N I N G S T O N E 25 | P a g e

Carlos Alonzo Montoya, 62, lifelong resident of Los Lunas, N.M., passed away peacefully on December. 19, 2015 surrounded by his family.

Carlos was born May 18, 1953 in Albuquerque, N.M. to Orlando and Nancy Montoya. A 1971 graduate of Los Lunas High School, he attended the University of Albuquerque before enlisting in the United States Navy where he served on the USS Bainbridge.

He later obtained his Bachelor’s Degree in Business from the University of Albuquerque.

Serving as a Councilor for the Village of Los Lunas for 12 years, he instilled a love for politics in his two oldest children who have followed in his footsteps.

In January of 2015, he was appointed by Valencia County Commissioner Helen Cole to represent District 1 on the Planning & Zoning Commission.

Commissioner Montoya will be greatly missed by family, friends and all of us here at Valencia County.

Thank you Carlos for your years of service to our Country and our Community.

Submitted by Kerrie Maes

Carlos Alonzo Montoya

Valencia County Planning & Zoning Commissioner