Tularosa Trustees Weigh Dog Ordinance Rewrite, Hear Conditions for Proposed 190-Foot Cell Tower

TULAROSA, N.M. — The Tularosa Board of Trustees took the first step toward rewriting the village's animal ordinance at its September regular meeting, while planning and zoning officials laid out a long list of conditions they say a proposed 190-foot cell tower on Sunset Road should have to meet before it could be built.

Trustees approved a notice of intent to adopt Ordinance No. 286, a major revision of the village code covering animals, enforcement, and dangerous and potentially dangerous dogs. Village attorney Nan Winter said the vote simply starts a two-step process. The draft will be published, a redline copy will be available from the village clerk, and the board will go through it line by line at its October 21 meeting.

Several trustees objected that the draft lists specific breeds as dangerous. One trustee said a dog's behavior depends on how its owner trains it, not its breed, and suggested the ordinance instead apply to dogs that have been reported and formally "deemed" dangerous. Other board members agreed. Winter said changes can be made at the October hearing without re-noticing the ordinance.

The proposal had already drawn public comment. Resident Michael Gruger warned against open-ended "grandfathering" for households that already have many animals and suggested a firm compliance date. The mayor responded that residents who currently exceed the proposed five-animal limit would need an inspection by the animal control officer before any exemption is granted.

Cell tower conditions

Planning and Zoning presented its findings of fact and recommended conditions for a special use permit sought by Flagship One LLC for a 190-foot self-supporting wireless tower at 44 Sunset Road. The commission took no position on whether the tower should be approved, and the board did not vote.

If trustees approve the permit, the commission recommends these conditions:

• The applicant must post a $75,000 removal bond, adjusted annually for inflation.

• The owner must certify each year that the tower remains in use. After 12 months of inactivity, the tower must be removed down to three feet below grade.

• Two antenna positions at or below 150 feet would be reserved for village and public safety equipment at nominal cost.

• The applicant must submit sealed engineering plans, a site-specific geotechnical report, an FCC radio-frequency emissions report, and historic and environmental clearances before a building permit is issued.

• Backup power would be limited to batteries. Adding a fuel-powered generator would require separate village approval.

• The access drive must be graveled to control dust.

The commission noted that federal "shot clock" rules require the village to issue a final decision within 150 days of receiving a complete application. Failing to do so could expose the village to a federal lawsuit. A public hearing, with newspaper notice and letters to nearby property owners, must still be scheduled. Commissioner Virgil "Bucky" Johnson was widely praised for his detailed questioning of the applicant.

During public comment, resident Larry Berry said he hoped the tower isn't built. He added that if one must be built, it should go on the 80 acres the village recently purchased, so the village collects the lease revenue.

Grants, fees and policy

The board approved three resolutions tied to infrastructure funding:

• Accepting a New Mexico Environment Department grant, which appeared to be $500,000, for water system improvements.

• Applying to waive the $17,000 local match on a $340,000 state award for planning and design of First Street, from Highway 70 to Darby Lane. The mayor credited Trustee Mark Garwood with pushing the project for two years.

• Applying to the Water Trust Board for planning and design funds for phase two of wastewater treatment plant improvements.

Trustees gave final approval to an ordinance that lets the village set permit fees by resolution. They then adopted a fee schedule: $100 for site location permits, $250 for manufactured or mobile home placement, $200 for commercial site layouts, and $150 for variance requests. Accessory structures under 200 square feet will still need a permit but will pay no fee.

The board also approved personnel policy changes that set police officers' schedules at 86 hours per two-week period, with overtime paid beyond that. Trustees also approved a two-lot split for Nancy Carr on Riata Road.

Dog park and cleanups

Grant coordinator Kendra presented a volunteer committee's preferred site for a dog park: the yard at the 606 Center recycling center off Highway 70. The committee chose it over sites near the splash pad and on Fifth Street. A $3,426.22 New Mexico Clean and Beautiful grant will pay for benches and trash cans, and the money must be spent by June 2027. Trustees raised concerns about parking, truck access to the recycling dumpsters, and dogs escaping near the highway. Neighbor Kathy said trash already blows from the site onto her property.

Planning and Zoning also proposed a street-by-street code enforcement program. Each month, one street would get a free roll-off dumpster, a courtesy walk-through, and then a final inspection before any citations. Police Chief Geraldine Martinez urged the board to involve Code Enforcement Officer Dean Lester in shaping the plan. Earlier in the meeting, Martinez presented Lester with a letter of commendation for finding an elderly man who had been missing nearly six hours on an August day with temperatures approaching 100 degrees.

Other business

• Water: Public works director Angel said the reservoir is about three-quarters full. Watering limits remain in place so storage tanks can be full before the pond is cleaned in the next six to eight weeks. Twenty to 30 randomly selected households will receive bottles for lead and copper testing.

• Communication: Village Clerk Rebecca Garcia said Village Hall renovations are complete. She is also exploring a text-alert system to reach residents without social media.

• Animal shelter: Martinez said the shelter holds about 21 dogs, including several from the Carolina Moreno property. That case is on hold pending court competency proceedings.

• Budget: One trustee said a budget line item is already 157 percent spent two months into the fiscal year. He asked that the finance director attend an upcoming special meeting on employee evaluations and raises.

• Christmas parade: The Kiwanis Club will again host the Christmas Light Parade on the first Saturday in December, themed "Let Freedom Glow" for America's 250th anniversary.

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