Meeting of Oct. 10, 2007

TOUGHER TOBACCO LAW LIKELY

By Eric Maddy
The SCORE

No ifs, ands or (cigarette) butts about it – smokers in Rio Rancho will soon be facing additional restrictions, barring a last-minute policy shift from the Governing Body.

The Rio Rancho City Council approved an ordinance Oct. 10 allowing companies to declare their entire business smoke-free. A state law passed last year is less restrictive in that it allows designated smoking areas in some areas.

The ordinance, which must be approved again at a second reading Wednesday night, Oct. 24, before becoming law, also provides for enforcement from fire department and public safety officials, and outlines fines for violations. Within a 12-month period, a violator can be fined up to $100 the first time, $200 the second time and $500 the third time he or she lights up illegally.

Business operators cannot be fined provided they post appropriate warning notices and tell their customers to put out their smoking products when they enter an establishment.

The agenda item was one of the few moments of levity in an otherwise mundane meeting. Mayor Mike Williams, a smoker himself, joked that he was going to exempt the mayor’s office from the law and Councilor Delma Petrullo faked a smoker’s hacking cough before voting for the measure.

Smokers and non-smokers alike will face a 6 percent increase for their trash collection if another ordinance approved by the council becomes law. The increase, which would go in effect Jan. 1, would raise residential rates to $11.58 per month. Commercial rates would go up to $18.84 a month, a 9.3 percent increase, under the ordinance under the 10-year agreement with Waste Management of New Mexico.

In other business, the council:

* Remanded back to the Planning and Zoning Commission a proposed rezoning of land on Idalia Road between Lacuma and Vatapata roads. Though the developer and several surrounding residents appeared to have reached a compromise on several issues, the council followed the advice of development director Rob Anderson and acting city attorney Margot Steadman that changes made needed to go through proper timeline procedures to avoid possible future legal problems.

* Approved an ordinance for up to $4.2 million in rebates to a commercial developer seeking to build a 350,000 square foot shopping center near Northern and Loma Colorado. Under the Gross Receipts Investment Policy, the city will refund 50 percent of the developer’s infrastructure costs for things such as water and sewer lines from future gross receipts taxes the new 47-acre complex will generate.

“I’m excited about the opportunity this creates in the city,” councilor Larry Naranjo said. “And I want to remind the citizens that this does not cost them a penny.”

Current county commissioner Dave Bency, who discovered the GRIP plan in Scottsdale, Ariz., in 2000 while serving as a city councilor, said Thursday he was happy the current council approved the plan.

“It’s especially important we generate gross receipts taxes now since they are the back-up for the new arena (bond issue financing),” he said. “Rio Rancho is the third largest city in the state, and something like 15th or 18th in gross receipts taxes.
“Retail is very competitive. Scottsdale was using it to attract business away from Mesa, Phoenix and other surrounding cities, and I’m glad we can use it here.”

Bency also noted that Gov. Bill Richardson has used GRIP to finance several road projects, including the reconstruction of the Coors/I-40 interchange.

“He stole my idea. Gov. Richardson no more had a GRIP policy than he was drafted by a major league team,” Bency said. “And I’ll bet my (Rio Rancho High baseball) state championship ring on it."

Jeffrey T. Zornes, a senior vice president of the Midland Development Group that is proposing the project, said groundbreaking for the project, which would include a 171,00 square foot Lowe’s Home Improvement Warehouse, could come as soon as December.

* City clerk Roman Montoya announced that mail-in ballots for Oct. 30 bond issue election had been sent out this week. If voters approve, the city will commit to a $12 million general obligation bond for improvements at Sports Complex North. Montoya said such a bond would replace expiring bonds and would not increase property tax rates, but he also warned that Bernalillo County will be conducting a mail-in election for the TVI/CNM tax issue and wants to make sure voters don’t confuse the issues.

* Approved the awarding of a contract to build Fire Station No. 6 at Mariposa. Fire chief James Tobin also thanked the council for approving additional staff last year in light of Tuesday’s ballooning accidents. Tobin said police, fire and EMT officers were able to respond to 57 calls during what he called “an exciting day, an interesting day.”

* Unanimously approved five other zoning changes and the Well 23 drilling contract to assist with proving water and sewer lines to the high school.

* Unanimously approved the appointments of Lisa Schimmel as Director of Information Technology and Randy McNicholas to the Parks and Recreation Commission.