SUNLAND PARK, NEW MEXICO (KFOX14/CBS4) — What initially appeared to be a denial of two proposed cannabis dispensaries in Sunland Park is now under review after city officials said a decades-old ordinance may have changed the outcome of the City Council’s vote.

Two cannabis dispensaries from Chadcor Holdings New Mexico LLC seeking to open in Sunland Park were initially ruled denied on Monday during a special board meeting, but city officials now say both permits may have actually been approved because of how abstentions are counted under a 1992 city ordinance.

“The idea is to make sure that the, what was the true intent of the city council.” Sunland Park Mayor Javier Perea said.

READ MORE: Sunland Park council again rejects permits for two cannabis dispensaries after debate

The City Council heard hours of public comment on both projects from supporters and opponents.

One dispensary, Station X, is proposed next to Independent Nation’s entertainment hub.

The other, Cronica, would be located along the Texas-New Mexico state line in Sunland Park.

When the council voted on Station X, councilmembers voted 3-2 with one abstention.

There votes were counted as:

• Mili Sandoval: Abstain
• Armando Mata: Nay
• Robert T. Telles Jr.: Aye
• Albert Jaramillo: Aye
• Maria Burciaga: Nay
• Bertha Salmon: Aye

Julia Spencer reports on Sunland Park reviews cannabis dispensary vote after old ordinance sparks confusion (Credit: KFOX14)

Perea declared the item a failure and said four votes were needed for a majority when it comes to zoning items.

For Cronica, the vote was 3-1 with two abstentions.

The votes were counted as:

• Mili Sandoval: Abstain
• Armando Mata: Nay
• Robert T. Telles Jr.: Aye
• Albert Jaramillo: Aye
• Maria Burciaga: Abstain
• Bertha Salmon: Aye

Perea appeared to confuse the vote count and said there was a tie believing the votes were 2-2 with two abstentions, then cast a vote in favor of the permit.

The item was still declared a failure.

City of Sunland Park Votes for Special Use Permit for Cronica. Monday, May 11th. (Credit: KFOX14/CBS4)

You can watch the vote counts below beginning at the 1:36:49 mark.

City officials now say that may not have been correct because of a technicality in a 1992 ordinance stating that abstentions count with the majority, but only when items are not ordinances and regulations.

Click here to view the PDF file

Under that interpretation, both items may have passed.

Councilmember Albert Jaramillo said, “I brought this immediately to a city manager and the city attorney who reviewed it and confirmed my finding. As a result, the city attorney has confirmed that the two cannabis licenses station X and Cronica were actually approved by the city council. The permits are approved to operate. The permits are approved to operate.”

He added, “And the public record needs to be corrected.”

Councilmember Jaramillo provided a full statement regarding the issue below:

My role as a public servant is to make sure the SUP cannabis license process works fairly, honestly, and transparently for everyone. After the recent City Council vote — in which the cannabis permits appeared to be denied — I reviewed the applicable municipal code and discovered a significant error in how the vote was counted. Under our city code, abstention votes should have counted as yes votes. I brought this immediately to the city manager and city attorney, who reviewed it and confirmed my finding. As a result, the city attorney has confirmed that the two cannabis licenses — Station X and Cronica — were actually approved by City Council. The permits are approved to operate. The press reporting that followed the vote is incorrect, and the public record needs to be corrected. I am raising this because the parties involved and the public deserve an accurate record. As a city representative, my job is to make sure our process has integrity.

I think the press should take a close look at the full picture and the history of corruption of Sunland Park. Christian Lira is a cannabis operator who also is the president of the Gadsden Independent School District Board opposing this competitor and, in my opinion, is using the citizens and the people for his own benefit of eliminating his competitors. He is also the brother of Daisy Lira who previously served on City Council, who together, in my opinion, have a long history of choosing business deals in connection to their own personal gains. This new city council is dedicated to cleaning up the corruption that has kept Sunland Park from economic progress. The public has a right to know. I will do whatever it takes to expose any wrongdoing

READ MORE: Judge sides with Independent Nation developers, orders new hearing

Matthew Chadwick of Chadcor Holdings released a prerecorded statement after the vote, saying, “We also remain committed to responsible business development that benefits the city of Sunland Park’s community. And we’re excited to be moving forward with this project.”

Chadcor Holdings is pleased to confirm that the special use permits for Station X Cannabis Dispensary and Cronica Cannabis Dispensary were approved. We are grateful to the council members, city staff, and community members who engaged with this process in good faith. We remain committed to responsible business development that benefits the Sunland Park community and look forward to moving forward through the appropriate channels.

However, Perea said it is not time to celebrate yet as the city works to clarify the decision.

Asked whether councilmembers could change their vote, Perea said, “Potentially for the abstentions, potentially correct.”

City council is expected to make a correction regarding the permits on Tuesday, May 19th.

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