Officials narrowly approve land trust participation

CLOVIS — A divided Clovis city commission on Thursday narrowly approved participation in a land trust designed to assure the city has access to water purchased or reserved for purchase from landowners.

The plan calls for the city to pay $150,000 a year into the land trust, which will, in turn, arrange with farmers and ranchers whose water the city would purchase, to make sure water is reserved for the city to secure using water rights or “encumbrances” that set aside the water for city use.

The land trust results from an agreement between the federal Department of Defense's Readiness and Environmental Protection Integration (REPI) program and the U.S. Department of Agriculture's Regional Conservation Partnership Program (RCPP).

The REPI website states the program is designed to oppose encroachment on land that could limit or restrict military training, testing and operations. The RCPP website states this program promotes coordination with partners that can expand agricultural watershed and natural resource concerns.

The land trust would also be eligible to receive grant funds from both the REPI and the RCPP, its description on the Thursday meeting's agenda notes.

The commission approved of joining the land trust on a 5-4 vote.

Voting in favor were Chris Bryant, Fidel Madrid, Gary Elliott, and Juan Garza.

Voting against were Helen Casaus, Megan Palla, Leo Lovett and Lauren Rowley.

Mayor Mike Morris, who only votes in cases of ties, voted to join the land trust.

The commission vote followed a long discussion about the plan in which Spencer Pipkin, chair of the Curry County Soil and Water Conservation District, and former Mayor David Lansford advocated for participation and answered questions from commissioners about the plan.

Objections were based on the cost and questioning whether the city could set up its own land trust, and risks.

Pipkin said using a land trust for water encumbrances has “never been done before,” and “we will learn as we go.”

It would be wasteful, he said, to create another land trust when the trust the city is joining, set up between the federal Department of Defense and the county soil and water district, is already functioning.

“It would cost the same either way,” he said.

City Manager Justin Howalt said the city could not afford the extra staffing a new land trust would require.

Just before the vote, Lansford said the land trust would be an opportunity for city-county cooperation.

It would allow “the two jurisdictions to work together.”

He added, “Water is not political” when critical water supply issues are likely to confront the city and county equally in 20 to 30 years.

The land trust was set up between the soil and water district and the Defense Department as a means of securing water supplies for Cannon Air Force Base, Howalt said, with the soil and water district operating the land trust.

Marijuana ordinance

The commission also Thursday acknowledged first reading of a proposed ordinance that would regulate legalized recreational marijuana businesses in the city.

In the absence of state guidance on regulating cannabis retailing, City Attorney Jared Morris said the city would be “going out on a limb” in passing the ordinance.

Commissioners discussed allowable distances between cannabis businesses, residential areas, churches and schools.

Madrid asked whether the commission could specify 500 feet of distance “just for cannabis.” Current alcohol regulations call for 300-foot distances.

As acknowledged for first reading, the ordinance would, among other things, limit advertising for cannabis establishments, prohibit outdoor cultivation, processing or other display of cannabis products, and require all business to be conducted indoors; require security cameras and keeping of camera records for 30 days; and would require that cannabis odors not be detectable in adjacent businesses.

Before the ordinance faces final commission approval, the proposed ordinance must be published, and there must be a public hearing and a second reading must be conducted.

Other matters

The commission:

• Approved four changes in the city charter, which included removing term limits in compliance with a New Mexico Supreme Court ruling, change from 20% to 33.3% the percentage of voters required to recall an elected official, require any recall petition to include a clear and concise statement of the grounds for recall, and making language in the charter gender-neutral.

• Approved the re-appointments of Robert J. Telles and Betty Jane Williams to the board of the Clovis Housing and Redevelopment Agency, both for five-year terms.

• Authorized a grant for improvements at the intersection of Norris Street and Llano Estacado from the New Mexico Finance Authority. Grant funds total $197,781 with a local match of $65,927, making $263,708 available for the project.

• Approved the addition of $59,000 to the city airport's budget in federal Rescue Plan Act funds. The money will defray costs related to operations, personnel, cleaning and sanitizing, and janitorial services to prevent the spread of disease.

• Authorized the updating of signs at the airport to prepare for review by the Federal Aviation Administration at a cost of $7,521.

• Decided to continue using voting convenience centers with no changes to locations used in previous elections, and providing the Clovis Police Station at the North Plains mall as an alternate voting site.

• Approved $12,600 in Economic Development tax funds for geographic information system software that Clovis Economic Development can use to help find sites for new business in the city.

• Presented clocks as awards to Gary “Lee” Baker at the airport and Michael Booth of the fire department.