Tuesday, January 11, 2022

Town Council Regular Meeting

4:00 p.m.
VIRTUAL MEETING
NOTE: This virtual meeting will follow the Attorney General's guidelines and observe the Governor's executive orders and the Secretary of Health's public health orders. The electronic format will allow the Town Council to conduct the meeting without being physically present and in accordance with the New Mexico Open Meetings Act. There will be no live audience nor officials present at the Council Chambers. This is entirely a virtual meeting. Members of the public wishing to participate can Livestream the meeting or view it in archived format on the Town’s website taosgov.com. - https://www.taosgov.com/259/Public-Meetings---Live-Archive. Those wishing to comment may submit comments or questions to Town Clerk Francella Garcia at fgarcia@taosgov.com

1. Opening Items

Subject: A. Call to Order by the Honorable Mayor Daniel R. Barrone.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Action

Summary/Background:

Highlighted maps of the 2020 Town of Taos Zoning map, highlighting usable properties under existing ordinance and under proposed amended ordinance

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Subject: B. Roll Call

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Procedural

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Subject: C. Pledge of Allegiance

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Procedural

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Subject: D. Moment of Silence

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Information, Procedural

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Subject: E. Approval of Agenda

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Action

Recommended Action: Recommend approval.

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2. Approval of Minutes

Subject: A. November 23, 2021 Minutes of Town Council Regular Meeting.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 2. Approval of Minutes

Type: Minutes

Summary/Background:

File Attachments

Subject: B. December 13, 2021 Town Council Workshop Meeting Minutes

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 2. Approval of Minutes

Type: Minutes

Summary/Background:

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Subject: C. December 14, 2021 Minutes of Town Council Regular Meeting.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 2. Approval of Minutes

Type: Minutes, Minutes

Summary/Background:

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3. Citizens Forum

Subject: A. Citizens who wish to comment may submit comments or questions to Town Clerk Francella Garcia at fgarcia@taosgov.com before the commencement of the meeting. No action may be taken.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 3. Citizens Forum

Type: Discussion

Summary/Background:

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4. Awards and Recognitions

Subject: A. Introduction of newly hired full-time Taos Police Department employee - Brian T. Garcia, Police Officer; Effective 01/10/2022 (Police Chief John Wentz)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 4. Awards and Recognitions

Type: Information

Summary/Background:

File Attachments

Brian Garcia.pdf (2,085 KB)

5. Presentations

Subject: A. A presentation by Aiden Koch with regards to possible amendments to the Town’s Recreational Marijuana Ordinance 21-07 for discussion purposes. No action will be taken.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 5. Presentations

Type: Discussion, Information

Summary/Background:

File Attachments

Red-lined 21-07 Cannabis Ordinance with Proposed Amendments (003) PDF.pdf (107 KB)

Cannabis Ordinance Zoning Analysis 1-3-22.pdf (7,468 KB)

6. Consent Agenda - The items in the Consent Agenda below have been reviewed by the Mayor and the Mayor has placed these items on the Consent Agenda for the purpose of voting on all items with one vote. The items listed are for the Council's consideration and approval.

Subject: A. Discussion, consideration and possible approval to purchase a 2021 John Deere 410L Loader Backhoe in the amount of $115,938.00 from 4 Rivers Equipment, CES Contract number 18-020B-C102-ALL (Director of Public Works Francisco "French" Espinoza)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 6. Consent Agenda - The items in the Consent Agenda below have been reviewed by the Mayor and the Mayor has placed these items on the Consent Agenda for the purpose of voting on all items with one vote. The items listed are for the Council's consideration and approval.

Type: Action

Preferred Date: Jan 11, 2022

Absolute Date: Jan 11, 2022

Fiscal Impact: Yes

Dollar Amount: $115,938.00

Budgeted: Yes

Budget Source: 54-14-45005

Recommended Action: Approval of purchase of Backhoe from 4 Rivers Equipment.

Summary/Background:

2021 John Deere 410L Loader Backhoe for use in the Public Works Department, Streets Division. This will replace unit 342, a 1998 John Deere 310 SE with 6,465 hours.

File Attachments

Award Letter.pdf (577 KB)

Quote.pdf (38 KB)

7. Matters from Staff

Subject: A. Coronavirus update.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Discussion

Taos County has seen continued improvement in our community case rate over the last week. The situation also improved across the USA and in New Mexico. While case counts are steadily declining overall, we have seen a continued shift in the spatial distribution of cases among the states of the USA and the counties of New Mexico. Mora County and Colfax County now have among the highest case rates in the state. Meantime the Midwest has become the focus of the virus nationally.

Sadly, two more Covid related deaths were reported last week among Taos County Residents, one of whom was in their 40s.

Summary:

Nationally, cases were down 12% in the last seven days, 1% in New Mexico, and 45% in Taos County.
The average daily case count in New Mexico decreased to 649 cases per day last week down from 652 the week before. Having recently peaked at 845 on September 2.
Current hospitalizations decreased 6%, the 7-day average is 335. Having hit a recent peak of 406 on August 30.
Average deaths per day in NM increased to 11 per day. Having reached a recent low of 1 on June 29.
There were 22 new cases in Taos County last week, down from 40 the week before. Bringing the total to 2,205.
There were two new deaths reported among Taos County residents last week. Bringing the total to 60.
Testing in Taos County has decreased to a 7-day average of 124 tests per day, down from 179 the prior week.
Taos County’s crude positivity rate is 2.9% (14-day avg). The crude case rate is 4.4 cases per day (14-day avg), above the old gating target of 3.28. Taos County’s adult fully vaccinated rate is 83%.

Further to yesterday’s email regarding the Pfizer booster, here is NMDoH Guidance on the Pfizer Vaccine Booster:

https://cv.nmhealth.org/2021/09/27/state-of-new-mexico-offers-guidance-on-pfizer-covid-19-vaccine-booster-doses/

File Attachments

Town of Taos COVID-19 COUNCIL Update 2022_01_10-.pdf (3,563 KB)

Subject: B. Discussion, consideration and possible approval of Resolution No. 22-02 reaffirming a declaration of a health emergency for the Town of Taos and the imposition of preventive measures for the public and Town employees. (Town Manager Richard Bellis)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Action

Summary/Background:

File Attachments

22-02 Affirming Declaration of Civil Emergency (2).pdf (118 KB)

21-63 Reaffirming Declaration of Civil Emergency.pdf (118 KB)

21-60 Reaffirming Declaration of Civil Emergency.pdf (111 KB)

21-56.pdf (111 KB)

21-54.pdf (1,397 KB)

21-53.pdf (1,384 KB)

21-49.pdf (1,376 KB)

21-48.pdf (1,379 KB)

21-45.pdf (980 KB)

21-42.pdf (982 KB)

21-41.pdf (4,145 KB)

Subject: C. Discussion, consideration, and possible approval of Open Meetings Resolution 22-01. This resolution establishes the tentative schedule of Town Council Regular Meetings and Workshop Meetings. Approval of resolution constitutes reasonable notice of such meetings. (Town Clerk Francella Garcia)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Action

Summary/Background:

File Attachments

22-01 Open Meetings Resolution.pdf (148 KB)

Attorney General - Public Health Emergency.pdf (380 KB)

Executive-Order-2020-004.pdf (488 KB)

Subject: D. Discussion, consideration, and possible approval of Resolution No. 22-03 appointing members of the Historic Preservation Commission and Planning Commission to serve as alternate members for each others commission to achieve a quorum. (Planning and Zoning Director Nathan Sanchez)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Action

Summary/Background:

File Attachments

Resolution 22-03 Apponting members of HPC nd PC as alternates pdf.pdf (121 KB)

8. Public Hearings - Citizens who wish to comment or have questions on a public hearing matter may submit comments or questions in writing to Town Clerk Francella Garcia at fgarcia@taosgov.com, and comments will be read during the meeting. If you wish to participate as an attendee during the virtual public hearing, please contact Town Clerk Francella Garcia before the meeting's commencement at (575)751-2004 or via email at fgarcia@taosgov.com

Subject: A. Discussion, consideration and possible approval of Liquor License Application No. 1209379 for a Restaurant Liquor License for Imperial Restaurants, LLC dba Mexico Lindo Restaurant located at 1014 Paseo del Pueblo Sur. (Town Clerk Francella Garcia)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 8. Public Hearings - Citizens who wish to comment or have questions on a public hearing matter may submit comments or questions in writing to Town Clerk Francella Garcia at fgarcia@taosgov.com, and comments will be read during the meeting. If you wish to participate as an attendee during the virtual public hearing, please contact Town Clerk Francella Garcia before the meeting's commencement at (575)751-2004 or via email at fgarcia@taosgov.com

Type: Action

Summary/Background:

File Attachments

Mexico Lindo Restaurant Liquor License Application.PDF (357 KB)

Letter from ABC.PDF (104 KB)

Waiver - 30 Day Notice Requirement.PDF (80 KB)

Legal 17,845 (12-16-2021).PDF (41 KB)

Town Website Notice.pdf (457 KB)

Subject: B. Discussion, consideration and possible approval of Ordinance 22-01 an ordinance amending the Town of Taos official zoning map with respect to one parcel totaling approximately 2.5 acres, being within UPC Number 1073146319519 (Previously UPC Number 1073146311441) being 23.107 acres. (Planning and Zoning Director Nathan Sanchez)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 8. Public Hearings - Citizens who wish to comment or have questions on a public hearing matter may submit comments or questions in writing to Town Clerk Francella Garcia at fgarcia@taosgov.com, and comments will be read during the meeting. If you wish to participate as an attendee during the virtual public hearing, please contact Town Clerk Francella Garcia before the meeting's commencement at (575)751-2004 or via email at fgarcia@taosgov.com

Type: Action

Preferred Date: Jan 11, 2022

Absolute Date: Jan 11, 2022

Interactive Property Map

File Attachments

Ordinance 22-01 Zone Change.pdf (508 KB)

9. Matters and Reports from the Town Attorney

Subject: A. Matters and Reports from the Town Attorney.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 9. Matters and Reports from the Town Attorney

Type: Discussion

Summary/Background:

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10. Matters and Reports from the Town Manager

Subject: A. Matters and Reports from the Town Manager.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 10. Matters and Reports from the Town Manager

Type: Discussion

Summary/Background:

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Subject: B. Discussion, consideration and possible approval of two KCEC interconnect agreements (1mw and .625 mw) for Town constructed and owned solar arrays at the Taos Regional Wastewater Recycling Facility (MBR Plant), with approval for staff to negotiate required minor technical or legal changes to the agreements based on final data for actual performance.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 10. Matters and Reports from the Town Manager

Type: Action

Summary/Background:

File Attachments

1 mw Solar Array Inter-connect Agreement.pdf (621 KB)

MBR Interconnect Agreement.pdf (634 KB)

Subject: C. Discussion, consideration and possible approval for the purchase and equipping of an ambulance in the amount of $261,431 exclusive of GRT’s for the Taos Fire Department for Fire Rescue and Transport, consistent with the state authorized purposes of the department.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 10. Matters and Reports from the Town Manager

Type: Action

Summary/Background:

File Attachments

Proposal - Single and Multiple Trucks 11 17 21.pdf (110 KB)

11. Matters and Reports from the Mayor

Subject: A. Matters and Reports from the Mayor.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 11. Matters and Reports from the Mayor

Type: Action

Summary/Background:

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12. Matters and Reports from the Council

Subject: A. Matters and Reports from the Council.

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 12. Matters and Reports from the Council

Type: Discussion

Summary/Background:

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13. Closed Executive Session

Subject: A. The Council may conduct a Closed Executive Session to engage in a discussion of matters subject to the attorney-client privilege pertaining to threatened or pending litigation in which the Town is or may become a participant pursuant to NMSA 1978 Section 10-15-1(H)(7); to discuss purchase, acquisition or disposal of real property or water rights pursuant to NMSA 1978, Section 10-15-1(H)(8); and/or to discuss limited personnel matters limited to discussion of the hiring, promotion, demotion, dismissal, assignment or resignation of a Town employee or the investigation or consideration of complaints or charges against a Town employee pursuant to NMSA 1978 Section 10-15-1-(H)(2).

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 13. Closed Executive Session

Type: Discussion

Summary/Background:

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Subject: B. Attorney's Report Concerning Closed Executive Session

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 13. Closed Executive Session

Type: Discussion

Summary/Background:

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Subject: C. Action on items discussed in Closed Executive Session (as necessary, by motion.)

Meeting: Jan 11, 2022 - Town Council Regular Meeting

Category: 13. Closed Executive Session

Type: Action

Summary/Background:

File Attachments

14. Adjourn