Cloudcroft Trustee Meeting Erupts in Street Vendor Dispute

The normally reserved meetings of the Cloudcroft Board of Trustees was anything but reserved during last nights session. The agenda flow was relatively standard and status quo for the village until they got to the agenda item about street vendors on Burro Street.

There were several of the Burro Street business owners at the meeting. During the public comments section specific to the agenda item to discuss street vendors, some business owners commented and raised concerns. Resident Richard Welch gave a compelling statement and then things got heated…
Richard Welch, “ Unintended ConsequencesI think each Trustee and the Mayor wants what is best for Cloudcroft.

However this is what I do know. The one street vendor that is up here has cut into our drink sales. You might be thinking to yourself that's competition it isn't . This street vendor is not playing on a level playing field. They don't have the same expenses that a permanent business has. They were given a prime location and exposure paid for by the tax payers of Cloudcroft. Every business pays for their location out of their own pockets. People are not going to shop around for the best drink prices or know who sells drinks. If you are thinking about allowing other street vendors sailing items that no one else sales, that is detrimental also. The problem with that is the sale they make will prevent another brick and mortar store making a sale because most tourists have a limited supply of money that they will spend. I cannot support retail businesses being funded by taxpayers The big problem the street vendors swope in during the busiest months make money and will be gone. Most of us rely heavily on the money we make during the summer months to survive the winter. Taking any part of that money away we make in the summer could cause some permanent businesses to go out of business.

I don't believe any of you want to see that happen so I'm asking you to not allow street vendors to operate in the village.

Just think about the revenue lost for the permanent businesses trying to survive during the winter. The permanent businesses won't survive without summer sales. Businesses will have to close, no business can survive the losses. I am going to be talking to you about the losses next.

Losses

On the days the street vendor is open we had a 67% loss in drink sales compared to the same days last year. On the days the street vendor wasn't open we had 22% percent loss in drink sales which we contribute to the road work on Highway 82. Now take this into consideration, allowing more street vendors the more revenue loss for permanent businesses. It is my opinion permanent businesses are necessary for the survival of Cloudcroft, street vendors have the potential of destroying Cloudcroft.
Ms. Powell requested to have a lemonade cart at the warming hut sitting area, which was approved by the Village Trustee's and Mayor.

The lemonade stand has an umbrella that is so big making it impossible to use the the approved area, it protrudes out into the street blocking parking spots.

In addition to that the contract was broken. The contract clearly states where the cart is to be placed and advertising is not allowed on public property. The umbrella is advertising and isn't within the terms of the contract.
I'm asking the Trustee's and Mayor to not approve anymore street vendors and enforce the current contract with the one street vendor that is allowed to be there.”

Other business owners also commented about street vendors and food trucks; and suggested the present situation of ordinances was broken and the present situation with one street vendor is broken.

Trustee Maynard made a motion to temporarily suspend the current street vendors contract until they could look into this matter however Maynard could not get a second and the motion died.

After the passioned plea of Mr Welch, Trustee Maynard stated obviously there are a lot of businesses that are upset about this and made the motion again to suspend the contract but couldn't get a second.

Mr Welch pressed the Mayor Denny on the contract being broken specific to the clause that no vending or advertising is allowed on village rights of way. He pointed out they were clearly breaking the contract by blocking parking spaces and their umbrella is an advertisement umbrella.

Mayor Denny said, “I’m not aware of them interfering with parking.”

Mr Welch told the mayor he had pictures and several other business owners stated they had pictures also.

The mayor refused to look at them stating, “drop the pictures off and I will look at them later.”

Mr Welch pressed the mayor and the trustees to enforce the contract he signed to have them take down their umbrella.

The mayor said he didn't recall what was in the contract, Welch pressed and said he had the contract with him and asked the trustees do you want to see it? The mayor said no.

Welch pressed further asking Mayor Denny if was going to enforce any of the contract that he signed?

The mayor reportedly said, “no.”

At this point other business leaders started to get riled up.

The mayor said we wasn't going to discuss this any further and pushed to move the agenda forward.

That really upset some people who thought it was completely wrong to stop discussing something that was on the agenda and unresolved to the satisfaction of established business owners.

Several business leaders grumbled that the Mayor has “no common sense”  and one gentleman continued to get louder and stood up telling the Mayor “he had no common sense.”

The Mayor then told the police chief to remove him, The citizen then told the Mayor he was “an as——-“ and said to the police chief to come on and walk him out. As he was leaving with the chief he turned 

and said one last thing, “your a fuc—- as—-“directing his comments towards the mayor.

At that point many of business leaders got up and walked feeling as if the mayor was being responsible or responsive to their concerns.

This is an evolving story; KALHradio.org and AlamogordoTownNews.com will continue to provide information as the story unfolds between the business owners, street vendor and villager government officials.

It appears Mayor Denney works at the OCEC and it’s rumored there is a friendship with Powell who is also affiliated with OCEC . Powell is the street vendor in question.

Given the potential relationship should the mayor recuse himself from votes and dialogue. Was there a disclosure during the contract review of a friendship or relationship?

Good governance requires transparency, accountability and civil public debate. Stay tuned as the street vendor saga of Cloudcroft continues…

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