HomeMy WebLinkAbout2021-10-07 Town Council Special Minutes MINUTES
Town Council Special Meeting
Virtual Meeting
October 7, 2021
4:00 P.M.
1. Opening Items
A. Call to Order by the Honorable Mayor Daniel R. Barrone.
The Honorable Mayor Daniel R. Barrone called the Special Meeting of the Taos
Town Council to order at 4:04 p.m.
B. Roll Call
Ms. Francella Garcia, Town Clerk called roll and a quorum was present.
Those present were:
Mayor, Daniel R. Barrone
Mayor Pro Tern, Nathaniel Evans
Councilmember, George "Fritz" Hahn
Councilmember, Pascualito Maestas
Also Present were:
Town Manager, Richard Bellis
Assistant Town Manager, Lynda Perry
Town Clerk, Francella Garcia
Town Attorney, Stephen C. Ross
Absent/Excused was:
Councilmember, Darien D. Fernandez
C. Pledge of Allegiance
The Pledge of Allegiance was not recited.
D. Moment of Silence
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The Moment of Silence was omitted.
E. Approval of Agenda
Councilmember Hahn made a motion to approve. Councilmember Evans
seconded the motion. The motion passed. The Councilmembers voted as
follows: Ayes: Evans, Hahn, Maestas.
2. Public Hearing - Citizens who wish to comment or have questions on a public
hearing matter may submit comments or questions in writing to Town Clerk
Francella Garcia at fgarcia@taosgov.com, and comments will be read during the
meeting. If you wish to participate as an attendee during the virtual public hearing,
please contact Town Clerk Francella Garcia before the meeting's commencement
at (575)751-2004 or by email fgarcia@taosgov.com.
A. Discussion, consideration, and possible approval of Ordinance 21-07 an
ordinance regulating recreational cannabis establishments, other cannabis
businesses, production of cannabis and cannabis products.
Town Attorney Stephen Ross stated after the legislation was enacted, thirty-three county
attorneys spent a significant number of hours trying to determine the limits of local
government authority under this new cannabis regulation act. It was concluded there is
limited authority to local governments to regulate cannabis. Mr. Ross explained local
governments can limit the density of these types of commercial cannabis facilities.
Specify the operation of hours of cannabis facilities. Allow for the smoking and other use
of cannabis products within an indoor or outdoor cannabis consumption areas so long as
the access to public cannabis consumption that occurs is limited to people over twenty-
one years of age and older, and those places where cannabis consumption is permitted
are not further than three hundred feet from a school or daycare center that existed when
this act was passed.
Mr. Ross explained local jurisdictions may not prohibit the transportation of cannabis
products on public roads, cannot completely prohibit the operations of a licensee, cannot
prohibit or limit signage advertising various activities related to cannabis, cannot require
a licensed premise or a cannabis consumption area to be any more than three (300) feet
from a school or daycare center, and cannot require an existing licensee for medical
marijuana at a licensed premise to relocate.
Mr. Ross stated the proposed cannabis ordinance adheres to regulating the time, the
place, and the various types of activities related to cannabis. Furthermore, most
jurisdictions that have enacted an ordinance under the new cannabis regulation act have
enacted an ordinance very similar to proposed Ordinance 21-07.
Mr. Ross provided an overview of proposed Ordinance 21-07 and answered questions by
the governing body.
Discussion ensued on the Council's recommendations of changes to be made to
proposed Ordinance 21-07. The governing body made the following changes:
• Section 1.F. (1) Cultivates cannabis plants.
The language was revised to "Cultivates cannabis plants as a commercial
cannabis activity."
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• Section 1.EE. Smoke. To inhale, exhale, burn or carry any lighted or heated device
or pipe or any other lighted or heated cannabis products intended for inhalation,
whether natural or synthetic, in any manner or in any form;
The language was revised to "Smoke.To inhale, exhale, burn or carry any
lighted or heated device or pipe or any other lighted or heated cannabis
products intended for inhalation, whether natural or synthetic, in any manner
or in any form, including use of an e-cigarette that creates an aerosol or
va or,to
• Section 3.(A)Cannabis Consumption Areas. Products may only be served and
consumed in cannabis consumption areas between the hours of 7:00 a.m. and
midnight Monday through Saturday and noon to midnight on (Note: The bolded
and underlined portion was deleted.) Sunday.
The language was revised to "Cannabis Consumption Areas. Products may
only be served and consumed in cannabis consumption areas between the
hours of 7:00 a.m. and midnight Monday through Sunday."
• Section 3.(B) Cannabis Retailers. Cannabis retailers may only sell cannabis
products for off-site consumption between the hours of 7:00 a.m. and midnight
Monday through Saturday and noon to midnight on (Note: The bolded and
underlined portion was deleted.) Sundays.
The language was revised to "Cannabis retailers may only sell cannabis
products for off-site consumption between the hours of 7:00 a.m. and
midnight Monday through Sunday."
• Section 6.(C)(2) If the applicant is an individual, the residence address of the
applicant as well as the applicant's birthdate and social security number.
(Note: The bolded and underlined portion was deleted.)
The language was revised to "If the applicant is an individual, the mailing
address and phone number of the applicant."
• Section 6.(C)(3) If the applicant is a partnership, the names, residence addresses,
birthdates, and social security numbers of all partners. (Note: The bolded and
underlined portion was deleted.)
The language was revised to "If the applicant is a partnership, the
names, mailing addresses, and phone numbers of all partners."
• Section 6.(C)(4) If the applicant is a Limited Liability Company, the state of
organization, address of the resident agent in New Mexico sufficient for service of
process, the names of the managing member(s) together with residence address,
birthdate, and social security number and the name, residence address,
birthdate and social security number of each member of the company. (Note: The
bolded and underline portion was deleted.)
The language was revised to "If the applicant is a Limited Liability Company,
the state of organization, address of the resident agent in New Mexico
sufficient for service of process, the name of the managing member(s)
together with mailing address, and the name, mailing addresses, and phone
numbers of each member of the company."
• Section 6.(C)(5) If the applicant is a corporation, the state of incorporation, the
name and address of the registered agent in New Mexico sufficient for service of
process, the name, residence, birthdate, and social security number of each
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officer or director of the corporation. (Note: The bolded and underline portion was
deleted.)
The language was revised to "If the applicant is a corporation, the state of
incorporation, the name, phone number and address of the register agent in
New Mexico sufficient for service of process, and the name, phone number,
and mailing address of each officer or director of the corporation."
Mayor Barrone opened the public hearing.
Town Clerk Francella Garcia stated she did not receive any comments from the public.
Mayor Barrone asked how the State would distribute the gross receipts tax that is
generated.
Mr. Bellis stated the State would distribute the gross receipts tax through a formula
based on population; therefore, Taos County would receive more, and the Town
would receive a minimal amount.
Mayor Barrone stated he believes more funding is needed from the State for rehab and
treatment, and he believes the Town needs to speak with the State Representative and
Senator.
Mayor Barrone closed the public hearing.
Mr. Ross stated proposed Ordinance 21-07 has an emergency clause. He explained the
proposed ordinance was not noticed with the proper amount of time. In addition, it goes
into effect upon recordation in the Clerk's Office. Therefore, he recommends Ordinance
21-07 come back to the Council in a few weeks after precautionary advertising and
completing the necessary steps required for ratification.
Mayor Barrone clarified the Council could approve the proposed Ordinance 21-07 today
and ratify it in a few weeks.
Mr. Ross concurred.
Councilmember Evans asked whether the Council could make changes to Ordinance 21-
07 at that time.
Mr. Ross concurred.
Mr. Bellis stated this will give individuals an opportunity to comment between now and
the next public hearing.
Councilmember Evans made a motion to approve Ordinance 21-07 with said
changes.
Ms. Garcia states she would like to compare her notes with Mr. Bellis or the Town
Attorney of the changes made to proposed Ordinance 21-07.
Mr. Ross provided an overview of the changes made to proposed Ordinance 21-07.
Councilmember Maestas requested Section 6. (2), (3), (4), and (5) include phone
numbers.
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Councilmember Maestas seconded the motion. The motion passed. The
Councilmembers voted as follows: Ayes: Evans, Hahn, Maestas.
3. Matters from the Town Manager
A. Matters from the Town Manager.
Mr. Bellis stated there will be a Closed Executive Session at the October 12, 2021,
Regular Town Council Meeting to discuss affordable housing and an update on other
land situations and matters regarding the hospital which also involves a land situation.
These matters are under negotiation.
4. Matters from the Mayor
A. Matters from the Mayor.
Mayor Barrone did not have any matters to report.
5. Matters and Reports from the Council
A. Matters and Reports from the Council.
The Council did not have any matters to report.
6. Closed Executive Session
A. The Council may conduct a Closed Executive Session to engage in a discussion
of matters subject to the attorney-client privilege pertaining to threatened or
pending litigation in which the Town is or may become a participant pursuant to
NMSA 1978 Section 10-15-1(H)(7); to discuss purchase, acquisition or disposal of
real property or water rights pursuant to NMSA 1978, Section 10-15-1(H)(8); and/or
to discuss limited personnel matters limited to discussion of the hiring, promotion,
demotion, dismissal, assignment or resignation of a Town employee or the
investigation or consideration of complaints or charges against a Town employee
pursuant to NMSA 1978 Section 10-15-1-(H)(2).
Closed Executive Session was not conducted.
B. Attorney's Report Concerning Closed Executive Session
C. Action on Items Discussed in Closed Executive Session (as necessary, by
motion.)
7. Adjourn
A motion was made by Councilmember Evans and seconded by
Councilmember Maestas to adjourn the meeting. The motion carried unanimously,
and the meeting adjourned at 5:17 p.m.
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APPROVED:
aniel . Barro e, ayor
ATTEST:
4Francella R. Garcia, Town Clerk
PLEASE NOTE: The Town of Taos video records all Regular, Workshop and
Special Town Council Meetings. Videos can be viewed and downloaded from the
Town's website at www.taosgov.com under the Town Clerk's tab. Citizens may
also request a copy of a video for $5 per video via the online public records portal
also located under the Town Clerk's tab on the Town's website. Additionally, the
website provides access to view agendas, back-up documentation and minutes.
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410
Thursday, October 7, 2021
Town Council Special Meeting
4:00 p.m.
VIRTUAL MEETING
NOTE: This virtual meeting will follow the Attorney General's guidelines and observe the
Governor's executive orders and the Secretary of Health's public health orders. The
electronic format will allow the Town Council to conduct the meeting without being
physically present and in accordance with the New Mexico Open Meetings Act. There will be
no live audience nor officials present at the Council Chambers. This is entirely a virtual
meeting. Members of the public wishing to participate can Livestream the meeting or view
it in archived format on the Town's website taosgov.com. -
https://www.taosgov.com/259/Public-Meetings---Live-Archive. Those wishing to
comment may submit comments or questions to Town Clerk Francella Garcia at
fgarcia@taosgov.com
1. Opening Items
A. Call to Order by the Honorable Mayor Daniel R. Barrone.
B. Roll Call
C. Pledge of Allegiance
D. Moment of Silence
E. Approval of Agenda
2. Public Hearing - Citizens who wish to comment or have questions on a public hearing matter
may submit comments or questions in writing to Town Clerk Francella Garcia at
fgarcia@taosgov.com, and comments will be read during the meeting. If you wish to participate as
an attendee during the virtual public hearing, please contact Town Clerk Francella Garcia before
the meeting's commencement at (575)751-2004 or by email fgarcia@taosgov.com.
A. Discussion, consideration, and possible approval of Ordinance 21-07 an ordinance regulating recreational
cannabis establishments, other cannabis businesses, production of cannabis and cannabis products.
3. Matters from the Town Manager
A. Matters from the Town Manager.
4. Matters from the Mayor
A. Matters from the Mayor.
5. Matters and Reports from the Council
A. Matters and Reports from the Council.
6. Closed Executive Session
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A. The Council may conduct a Closed Executive Session to engage in a discussion of matters subject to the
attorney-client privilege pertaining to threatened or pending litigation in which the Town is or may become a
participant pursuant to NMSA 1978 Section 10-15-1(H)(7); to discuss purchase, acquisition or disposal of
real property or water rights pursuant to NMSA 1978, Section 10-15-1(H)(8); and/or to discuss limited
personnel matters limited to discussion of the hiring, promotion, demotion, dismissal, assignment or
resignation of a Town employee or the investigation or consideration of complaints or charges against a
Town employee pursuant to NMSA 1978 Section 10-15-1-(H)(2).
B. Attorney's Report Concerning Closed Executive Session
C. Action on Items Discussed in Closed Executive Session (as necessary, by motion.)
7. Adjourn
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