Louie Bonaguidi, Mayor
Linda Garcia, Councilor, Dist. 1 Michael Schaaf, Councilor, Dist. 2
Yogash Kumar, Councilor, Dist. 3 Fran Palochak, Councilor, Dist. 4
Maryann Ustick, City Manager
Curtis Hayes, City Attorney
PUBLIC NOTICE: In accordance with the public health order issued by the New Mexico Department of Health, the meeting will be physically closed to the public; however, the meeting will be accessible via the following technology service:
Facebook Live stream through the City of Gallup's Facebook Page:
To testify at the public hearing on the transfer of ownership of Liquor License #0572 for Allsup's at 112 Arnold Street or to comment on non-agenda items, please call 863-1254 to leave your name and a return phone number.
The Alcoholic Beverage Control Division has granted preliminary approval for this application. The application and preliminary approval is attached as Transfer of Ownership Allsup’s 222-3. The application was submitted by BW Gas & Convenience Retail, LLC which is a Delaware limited liability company that has properly registered with the New Mexico Secretary of State’s Office to do business in New Mexico. (see attached “BW Gas and Retail Convenience Retail, LLC New Mexico registration”). This company is a subsidiary of BW Gas & Convenience Holdings, LLC d/b/a Yesway. Yesway is a chain of convenience stores owned by Brookwood Financial Partners which is a private equity company. (see attached “Press release issued by Brookwood Financial Partners”).
"NMSA §60-6B-4 provides that a local governing body may approve or disapprove the transfer of a liquor license after holding a public hearing. “The governing body may disapprove the . . . transfer of the license if (1) the proposed location is within an area where the sale of alcoholic beverages is prohibited by the laws of New Mexico; (2) the . . . transfer would be in violation of a zoning or other ordinance of the governing body; or (3) the . . . transfer would be detrimental to the public health, safety, or morals of the local option district.”
The location does not violate any laws or zoning code provisions concerning where alcohol may be sold. The New Mexico Supreme Court has held that “the discretion that the city council has to deny a transfer on moral grounds must be based on the moral effects of the operation by a specific applicant or at a particular location.” Dick v. City of Portales, 1994-NMSC-092. Similarly, to deny a transfer based on safety issues, there must be substantial evidence that the transfer . . . would be detrimental to safety. City of Santa Fe v. Woodard, 1996-NMSC-098. Testimony concerning the negative effects of alcohol alone is not sufficient.
Recommendation: None. This is a quasi-judicial hearing and the decision of the Council must be based solely upon the evidence presented at the hearing.
Whelan Security Co. DBA GardaWorld Security Services has submitted a City of Gallup Business License and Registration Application for contract security services to the City Clerk. In accordance with Section 3-11-4 of the City Code, the Chief of Police shall determine whether the public convenience and necessity would be served by the issuance of the license applied for and shall certify these findings to the City Council. Whelan Security Co. DBA GardaWorld Security Services has submitted all the appropriate documents and has been granted a license by the State of New Mexico Regulations and Licensing Department.
Chief of Police Franklin Boyd has initiated a proposal to reduce certified Police Officer staffing by five (5) positions and utilize the salary and benefits for these positions to implement a competitive pay plan to increase recruiting and retention efforts for the Gallup Police Department. There are currently 66 full time Police Officer employees funded by the city. If approved this reduction will result in 61 full time positions.
Currently the starting rate for a certified Gallup Police Officer is $19.22. A certified “lateral” officer recruited by the Department (regardless of years of experience) has a starting rate of $19.80. These rates are the lowest compared to the other two local LE agencies in McKinley County.
Chief Boyd has worked with the GPOA, the City Human Recourses and Finance Departments to create a new pay plan as referenced in the attached MOU as “Appendix A revised 122820”. The Gallup Police Officers Association membership has also formally voted to accept this revised pay plan resulting in the attached “Memorandum of Understanding between the City of Gallup and the Gallup Police Officer Association”.
As part of this initiative, the current hiring incentives for new and lateral officer applicants will also cease. Currently this hiring incentive offers new officer and lateral officer applicants $5,000 and $7,500 respectively. To maintain competitiveness in recruiting new and lateral officers, the proposed pay plan increases the starting to $21.45 for new certified and lateral officers. The pay plan will also allow the Department to offer competitive starting pay based on the lateral applicants’ years of experience as a certified officer.
Recommendation: Chief of Police Franklin Boyd recommends the Approval of the Memorandum of Understanding Between the City of Gallup and the Gallup Police Officers Association, the reduction of five (5) Certified Police Officer Positions to implement the new pay plan, and the elimination of current hiring incentives.
The McKinley County Hazard
Mitigation Plan was developed as the result of an ongoing collaborative effort
between the full range of stakeholders in the planning area, local authorities,
public school district, municipal jurisdictions, and the State of New Mexico.
This effort was led by the McKinley County Office of Emergency Management in
coordination with the City of Gallup Office of Emergency Management
(represented by the GFD).
Hazard mitigation planning reduces loss of life and property by minimizing the impact of disasters. It begins with local governments identifying natural disaster risks and vulnerabilities that are common in their area. After identifying these risks, they develop long-term strategies for protecting people and property from similar events. Mitigation plans are key to breaking the cycle of disaster damage and reconstruction.