By KIRSTEN LASKEY
Los Alamos Daily Post
kirsten@ladailypost.com

Tempers flared Tuesday night but in the end Los Alamos County Council passed the code ordinance no. 02-321, which amends Chapter 16 of the County Code to adopt local regulations for cannabis retail sales as well as the text regarding home occupations.

In October, the Planning and Zoning Commission approved a recommendation to the County Council that the retail sale of cannabis be regulated as stated in the proposed ordinance.

The ordinance passed 4-3 with Council Chair Randall Ryti, Vice Chair James Robinson and Councilor Sean Williams opposed and Councilors David Reagor, Sara Scott, Denise Derkacs and David Izraelevitz in favor.

One of most controversial parts of the amendment included where cannabis businesses can be conducted. Many attending the meeting argued that the conditions were too strict.

“This County is incredibly harsh to do business in and frankly the County is doing nothing to change that,” Williams said, “and home business is one possible relief valve …”

As a result, Williams motioned to modify the ordinance. He motioned to remove the conditions from section three of the amendment that state a cannabis retail establishment will not be licensed if within 300 feet of another cannabis retail store. Williams also moved to remove the statement that cannabis businesses will not be permitted to have indoor or outdoor designated vaping or smoking areas.

Finally, he recommended that the language be modified to allow for a special use permit process for cannabis businesses to be conducted in residential areas. If approved, the modified amendment would have returned to council in January 2022.

Williams’ motion failed to pass 2-5. Williams and Robinson voted for the motion.

After a lengthy public comment period, several councilors said that while they acknowledged the concerns the commenters have toward the code ordinance, they had also received feedback from constituents regarding their opposition to allowing cannabis retail businesses in residential areas. The robust discussion and consideration of key elements of the ordinance by the Planning and Zoning Commission was also noted.

This drew skepticism and criticism from several members of the public who attended the meeting.

“I’m really concerned with the use of phantom constituents and using that to justify a vote,” Aaron Walker said. “I say phantom constituents because I mean people, specific councilors, bringing up that they talked to people who aren’t willing or unable to go on record and say, ‘I am for this, or I am against this.’ If there is a large public outpouring of support for something and you somehow justify your move with, ‘Oh, I talked to people and the people I talked to are against it,’ It doesn’t pass the smell test at all. It is very concerning to me. I think you need to pay very close to attention to the people who are actually active in the process ….”

Brandi Engeman said councilors speaking privately to citizens and not supporting those who are publicly advocating for something makes her think, “… how do I know you are not unduly influenced by someone who has some sort of sway over you…”

Council’s response to the final vote was conflicted. Williams remarked that he wasn’t surprised the council took an anti-business stance by passing the original ordinance.

Scott pointed out that we can, and likely will, revisit specifics in the ordinance as we move forward based on our community’s experience and as the state approach is clarified, refined and modified.

In other business, council:

• Introduced an ordinance to extend the option of redirecting Department of Public Utilities profit transfers by council action to the joint utility system fund for purposes that will be designated by council.
• Passed 7-0 an ordinance for a loan/grant agreement with the New Mexico Finance Authority for Wastewater Plant Filtration System. The loan/grant totals $2.5 million and would be used to construct a filtration treatment process at the Los Alamos Wastewater Treatment Plant.
• Passed 7-0 a resolution to adjust precinct boundaries in the County.
• Passed 7-0 to return to hybrid County Council meetings in January.
• Passed 7-0 to remove from the agenda approval a contract for hiring an architect to design plans for a multi-use gymnasium on North Mesa, which would be used by both the Los Alamos Public Schools and Los Alamos County.