Tuesday, February 22, 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: Feb 22, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type

Summary/Background:

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Subject: B. Roll Call

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Procedural

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Subject: C. Pledge of Allegiance

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Procedural

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Subject: D. Moment of Silence

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 1. Opening Items

Type: Information, Procedural

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Subject: E. Approval of Agenda

Meeting: Feb 22, 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. January 11, 2022 Minutes of Town Council Regular Meeting.

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 2. Approval of Minutes

Type: 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: Feb 22, 2022 - Town Council Regular Meeting

Category: 3. Citizens Forum

Type: Discussion

Summary/Background:

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4. Awards and Recognitions

5. Presentations

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 of Resolution 22-07 requesting funding from the New Mexico Department of Transportation Municipal Arterial Program grant application for improvements to Ranchitos Road (SR 240).

Meeting: Feb 22, 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 (Consent)

Preferred Date: Feb 22, 2022

Absolute Date: Mar 08, 2022

Fiscal Impact: Yes

Dollar Amount: $1,523,778.00

Budgeted: No

Budget Source: Revenue $1,142,834 and 2022-23 CIP $380,945

Recommended Action: approval

Summary/Background:

This grant application is due March 15, 2022, with project determination taking place in summer 2022, and funds becoming available fall 2022.

File Attachments

Resolution 22-07 - Application.pdf (31 KB)

Ranchitos Construction application - MAP.pdf (1,406 KB)

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.

7. Matters from Staff

Subject: A. Coronavirus update.

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Discussion

While cases and hospitalizations continue to decrease rapidly in the United States and New Mexico cases plateaued in Taos County last week. Taos County continues to experience a high transmission rate, as categorized by the CDC, despite a rapid improvement over the last month. Of all counties in New Mexico, only Harding County is considered to have a low transmission rate.

Summary:

Nationally, cases were down 48% in the last week, down 44% in New Mexico, but remained the same in Taos County.
The 7-day average daily case count in New Mexico decreased to 749 cases per day from 1,322 last week. The 7-day average peaked on Friday, January 21 at a record 5,571 cases per day.
Current hospitalizations in NM decreased 20%, the 7-day average is 415. The record stands at 932 on Dec 7, 2020.
Average deaths per day in NM decreased to 16 per day from 18 per day the prior week. Down from 23 three weeks ago.
There were 74 new cases in Taos County last week, the same as the prior week bringing the total to 5,215.
There were three additional deaths reported among Taos County residents last week. Making ten in the last four weeks. The total increasing to 86.
Testing in Taos County decreased to a 7-day average of 129 tests per day, down from 133 the prior week.
Taos County’s crude positivity rate is 8.1% (14-day avg). The crude daily case count is 11 cases per day (14-day avg), above the old gating target of 3.28.
Taos County’s adult fully vaccinated rate is 89%. 58% of TC adults have received the booster compared to 44% in NM.

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_02_21.pdf (7,531 KB)

Subject: B. Discussion, consideration and possible approval of Resolution No. 22-08 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: Feb 22, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Action

Summary/Background:

File Attachments

22-08 Affirming Declaration of Civil Emergency Revised pdf.pdf (471 KB)

22-08 Afffirming Declaration of Civil Emergency.pdf (464 KB)

Subject: C. Discussion, consideration and possible approval of CDBG Grant Agreement Amendment #2 to 18-C-RS-I-01-G-25 in the amount of $460,738 for a total award of $1,210,738 for the water improvement project.

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Action

Preferred Date: Feb 22, 2022

Absolute Date: Feb 22, 2022

Fiscal Impact: Yes

Dollar Amount: $1,210,738.00

Budgeted: Yes

Budget Source: 81-39-45003

Recommended Action: Staff recommends approval.

Goals: 2. Infrastructure (Roads, Airport, Facilities, Water and Sewer)

Summary/Background:

Bids were received for the Taos Water System Improvements Project on July 21, 2021 with the low bid at $1,274,874.20 (without GRTs). The low bid was 50% higher than the engineer’s estimate primarily due to the increase in the cost of steel. In addition, in speaking to equipment suppliers, we have been told that material prices have increased almost universally, regardless of the material type, and that there is currently no estimate of when prices may level out or decrease. The cost increase appears to be due to impacts by COVID-19 on the supply chain and the increase in transportation costs which have risen locally by approximately 33% in the last six months.

Project Component	2018 Engineer’s Budgetary Estimate	2019 Engineer’s Preliminary Opinion of Construction Cost	2021 Engineer’s Opinion of Probable Construction Cost	2021 Bid – Low Bid Without GRTs	2021 Bid – High Bid Without GRTs
Storage Tank	$ 315,000	$ 512,750	$ 674,550	$ 755,899.80	$ 944,536.99
Well 4	$ 327,000	$ 314,075	$ 296,245	$ 420,121.00	$ 562,238.12
Well 5	$ 185,000	$ 98,500	$ 113,100	$ 98,853.40	$ 177,627.54
Total	$ 851,000	$ 925,325	$ 1,083,895	$1,274,874.20	$1,684,402.65
Overall Increase from 2018 estimate		10%	27%	50%	98%

The increase in costs due to COVID is leaves the current construction budget with a $460,738.28 shortfall (includes GRTs).

DFA Local Government Division had additional funds specific to COVID-related matters and the Town submitted and received the deficit funding in the amount of $460,738.

File Attachments

Executed GA 18-C-NR-I-01-G-25.pdf (1,017 KB)

18CNRI01G25 Amend 1.pdf (100 KB)

Taos Town of Amendment 2 18-C-NR-I-01-G-25 CDBG-CV Supplemental (002).pdf (356 KB)

CovidRequest.pdf (78 KB)

Subject: D. Discussion, consideration and possible approval of a Memorandum of Understanding (MOU) between the Town of Taos and Taos Pueblo for the joint use of the building located at 1201 Paseo del Pueblo Sur as an artist venue and information center.

Meeting: Feb 22, 2022 - Town Council Regular Meeting

Category: 7. Matters from Staff

Type: Action

Preferred Date: Feb 22, 2022

Absolute Date: Feb 22, 2022

Fiscal Impact: No

Summary/Background:

File Attachments

MOU - Town of Taos and Taos Pueblo.PDF (178 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

9. Matters and Reports from the Town Attorney

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

Meeting: Feb 22, 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: Feb 22, 2022 - Town Council Regular Meeting

Category: 10. Matters and Reports from the Town Manager

Type: Discussion

Summary/Background:

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11. Matters and Reports from the Mayor

Subject: A. Matters and Reports from the Mayor.

Meeting: Feb 22, 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: Feb 22, 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: Feb 22, 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: Feb 22, 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: Feb 22, 2022 - Town Council Regular Meeting

Category: 13. Closed Executive Session

Type: Action

Summary/Background:

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14. Adjourn