| 1. CALL TO ORDER BY THE HONORABLE MAYOR DARREN M. CORDOVA
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The Regular Meeting of the Taos Town Council was called to order by the Honorable Mayor Darren M. Cordova at 1:35 p.m.
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Ms. Renee Lucero, Town Clerk, called roll and a quorum was present.
Those present were:
Mayor, Darren M. Cordova
Mayor Pro Tem, Rudy C. Abeyta
Councilmember, A. Eugene Sanchez
Councilmember, Amy J. Quintana
Councilmember, Michael A. Silva
Youth Councilmember, Feliz Vigil
Also present were:
Town Manager, Daniel Miera
Assistant Town Manager, Abigail Adame
Town Clerk, Renee Lucero
Town Attorney, Allen Ferguson
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Mayor Pro Tem Abeyta led the audience in the pledge of allegiance.
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Councilmember Silva made a motion to approve the Agenda as presented. Councilmember Quintana seconded the motion. The motion carried unanimously.
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Mayor Pro Tem Abeyta made a motion to approve the Minutes of February 23, 2010 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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Councilmember Quintana made a motion to approve the Minutes of March 4, 2010 as presented. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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Mayor Pro Tem Abeyta made a motion to approve the Minutes of March 8, 2010 as presented. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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Councilmember Quintana made a motion to approve the Minutes of March 9, 2010 as presented. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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On page one delete from the title the following: "to be continued on March 12, 2010 commencing at 9:00 a.m., Federal Courthouse, 333 Lomas Blvd., NW, Room 690, Albuquerque, NM".
Mayor Pro Tem Abeyta made a motion to approve the Minutes of March 11, 2010 as amended. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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| | Georgia Page came forward to speak in regards to the Valverde Commons Project and stated there is a conflict of interest due to Councilmember Silva's personal business being contracted to work on construction. She stated it is her belief that Councilmember Silva should be impartial and not benefit personally from the project. She stated the Mayor and Council promised an open government.
Councilmember Silva stated he is committed to being fair and impartial and reminded Ms. Page that his contracting business is his livelihood and thirty families depend on his business for their well-being.
Mayor Cordova informed the listening audience that Ms. Page is against the Valverde Commons project and stated that the Council followed proper procedures when they approved the project. He ensured the community that all conditions will be met and concerns that have been brought up will be addressed. Mayor Cordova stated he has asked Councilmember Silva to use caution when bidding on public works projects in the future, and reiterated that construction is Councilmember Silva's livelihood.
Councilmember Silva stated he feels he has demonstrated careful judgment on public works projects and gave several examples of projects he did not bid on because he felt there may be a conflict of interest.
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| | Paul Lukes, promoter with Smart Minds Group, came forward and stated an event he planned for Saturday, March 20, 2010, was shut down by Town Officials due to the building not being in compliance with Town Code. He explained that as the promoter and he does not believe that it is his responsibility to make sure the building was up to code. He stated Smart Minds Group's main objective is to break boundaries between youth and elders and to promote arts and music. He further stated Taos has a legacy of production of art and shutting down an event is counter-productive. He stated he is here to help the community and asked the Town to assist in finding a venue to hold their drug and alcohol free events.
Mayor Cordova commended Mr. Lukes for helping the youth and stated he has instructed staff to assist with finding a safe venue to hold their events.
The following people also came forward to explain that Taos needs a venue for young artists to express themselves in a safe and sober manner:
Marcus Anders
Daniel Lehman
Alejandro Chacon
Ilario Ledoux
Mayor Cordova stated, as a musician, he understands the need for support and venues.
Daniel Miera, Town Manager, informed Mr. Lukes that a meeting has been scheduled for Thursday, March 25, 2010 at Town Hall to discuss the issue further.
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| Marietta Fambro, Finance Director
Review and acceptance of Amendment No. One to Agreement No. 10-690-10494 between the State of New Mexico Children, Youth and Families Department and the Town of Taos increasing the Agreement by $3,000. This Agreement is for the Taos County Juvenile Justice program which the Town is the fiscal agent. Original contract amount $111,360 plus amendment of $3,000, total contract amount $114,360, including gross receipts tax.
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| Amos Torres, Public Utilities Director
Consideration and approval to purchase a replacement set of bandscreen panels for the bandscreen located at the Wastewater Treatment Plant from JWC Environmental. The panels are to replace the 3mm panels with 2mm panels in order to meet the requirements of the new membranes that are to be purchased. JWC is the supplier of the existing bandscreen and is the sole source provider for the replacement panels. The amount is up to $43,294 plus GRT if applicable.
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Mayor Pro Tem Abeyta made a motion to approve the Consent Agenda as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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| Renee Lucero, Town Clerk
Consideration and approval of Resolution 10-06 replacing and superseding Town of Taos Resolution 06-50 adjusting fees for copies of public records.
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Ms. Lucero explained that the main changes to the resolution are to allow the Town Clerk to email records that are already in electronic format or that can be easily converted to electronic format and to change the cost of public records from $.25 per page to $.15 per page. Furthermore, Ms. Lucero stated additional verbiage from the Inspection of Public Records Act was included in the resolution, as recommended by the Town Attorney.
Mayor Pro Tem Abeyta made a motion to approve Resolution 10-06 as presented. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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| Marietta Fambro, Finance Director
Consideration and approval of Resolution 10-07; Mid-Year Budget Adjustment Request - Various Departments. In order to satisfy our shortfall in gross receipts taxes, building permits, interest on investments and other revenues, we have decreased our operating budgets by 10% from the unencumbered balance of November 30, 2009. On the personnel side of the budget, we have calculated what has been spent through February 28, 2010 and estimated through the end of the fiscal year. Revenues in the General Fund have decreased by $409,500; therefore, we have decreased expenditures (operating and personnel) by $412,605. A summary of all other funds including the general fund have been included with the agenda packet.
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Councilmember Sanchez asked Ms. Fambro how much money is being carried over at this point. Ms. Fambro replied $1.3 million through the end of January.
Ms. Fambro proposed two amendments to the Resolution. The first is on page 3 under the Buildings & Grounds Department. The amount $15,056 should be changed to $15,245. The other amendment is on page 11 under the Recycling Division. The negative amount of -$2,402 should be a positive amount of $2,402 and the total should be changed from $193,420 to $198,233.
Mayor Pro Tem Abeyta asked Ms. Fambro if she knew how much the revenues in the Gas Tax Fund have increased since Smith's Gas Station has been in operation. Ms. Fambro replied that revenues from the gas tax have increased by approximately $80,000.
Councilmember Sanchez asked if the 2010-2011 budget is being prepared differently than in the past. Mr. Miera stated all out of state travel has been cut from the budget; capital improvements projects are no longer automatically allocated to certain departments as departments must now prioritize their needs; and 15% has been cut from each department's budget. He stated these practices will cut down on carry-overs.
Mayor Cordova commended Ms. Fambro, Mr. Miera and all the department heads for doing more with less.
Councilmember Quintana made a motion to approve Resolution 10-07 as amended. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
Mayor Pro Tem Abeyta left the meeting at 3:00 p.m.
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| | Matthew Foster, Long Range Planner, presented the first draft and an update of the Land Use Element of the Town of Taos Comprehensive Plan. He explained future elements of the Comprehensive Plan will include Infrastructure, Community Economic Development, Housing, Open Space, Historic Preservation, Parks & Recreation, Arts & Culture.
Mayor Cordova asked staff to take into account affordability when the land use element is addressed. Matthew Spriggs, Community & Economic Development Director, assured Mayor Cordova that staff will take affordability into account.
Councilmember Sanchez asked when staff began working on this plan. Mr. Spriggs stated staff began work last fall. Mr. Foster clarified that the process of updating the comprehensive plan is an ongoing process and he is conducting research on how other municipalities have developed their comprehensive plans.
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| Renee Lucero, Town Clerk
Consideration and approval of a Transfer of Ownership of Liquor License Application 626738 for AmRest, LLC dba Applebee's Neighborhood Grill & Bar located at 830 Paseo del Pueblo Sur.
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| | Renee Lucero, Town Clerk, presented the liquor license application to the Mayor and Council.
Public Opinion
Mayor Cordova opened the public hearing.
Antonio Altamirano, with UNM Taos, came forward and stated he believes there are too many liquor licenses in Taos and also stated it is too easy to get liquor and in fact it is easier to get liquor in Taos than it is to get health care.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Councilmember Silva clarified that this request is not for a new liquor license, only a transfer of ownership. He asked the representative from Applebee's if there are any changes to the license. Michael McCay from Applebee's stated there were not any changes to the license other than the transfer of ownership.
Councilmember Quintana made a motion to approve the Transfer of Ownership of Liquor License Application 626738 for AmRest, LLC dba Applebee's Neighborhood Grill & Bar as presented. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva. |
| 10. MATTERS FROM THE TOWN ATTORNEY
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| Amendment No. 3 to Contract TT-09-92
Consideration and approval of Amendment No. 3 to Contract TT-09-92 with Robles, Rael and Anaya in the amount of $10,662.50. Total amount of this contract will be $64,037.50. This contract is for legal representation regarding the Abeyta Water Rights as well as other water right issues.
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Allen Ferguson, Town Attorney, stated Marcus Rael of Robles, Rael and Anaya spends several hours on the Abeyta Water Rights case and he believes the money spent on the contract is justifiable due to the complexity of the case. Mr. Ferguson stated he plans to do a Request For Proposal next fiscal year for this contract and requested approval as a sole source. He also explained the amendment extends the term to June 30, 2010 and increases the amount of the contract by $10,662.50 inclusive of Gross Receipts Tax.
Councilmember Sanchez made a motion to approve Amendment No. 3 to Contract TT-09-92 with Robles, Rael and Anaya as a sole source, increasing the amount by $10,662.50 inclusive of Gross Receipts Tax and extending the term to June 30, 2010. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva.
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| 11. MATTERS FROM THE TOWN MANAGER
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| | Mr. Miera handed out a proposal from Earth Tribe's Taos Rickshaw Runners and stated staff usually approves business licenses internally; however, he is bringing the license for Council consideration because the Town of Taos does not have regulations on handling rickshaw licenses.
Mr. Rick Feese, of Earth Tribe's Taos Rickshaw Runners, described his bicycle powered carriage and explained the mission of his company.
There was a lengthy discussion regarding legal issues surrounding rickshaw businesses. Concerns were raised because there are not any regulations at the state, county or local level addressing rickshaw businesses and Council felt more research was needed in order to consider the license. Mayor Cordova asked Mr. Miera to conduct more research.
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| 12. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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| | Councilmember Silva asked Mr. Miera for an update on the burned homeless shelter building on Albright Street. Mr. Miera stated the Coalition to End Homelessness is waiting for insurance money to remove the building. He will keep Council updated.
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| | Parker Excavating Inc.
The Council will adjourn pursuant to NMSA Section 10-15-1.H.(7) to go into executive session to consider potential litigation and a partial settlement agreement with Parker Excavating, Inc. concerning final payments pursuant to their contract to build landfill cells. | |
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Councilmember Quintana
made a motion to go into Executive Session pursuant to NMSA Section 10-15-1.H.(7) to go into executive session to consider potential litigation and a partial settlement agreement with Parker Excavating, Inc. concerning final payments pursuant to their contract to build landfill cells.
Councilmember Silva seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva.
At 4:00 p.m., Councilmember Sanchez made a motion to come out of Executive Session and stated discussion in the Executive Session was limited to the item as it was called for. Councilmember Quintana seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva.
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A motion was made by
Councilmember Sanchez and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 4:00 p.m.
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| APPROVED: | | ________________________________________ |
Darren M. Cordova, Mayor
| | | ATTEST: | | ________________________________________ |
Renee Lucero, Town Clerk
| | PLEASE NOTE: The Town of Taos records most Town Council Meetings via audio, however, only Regular Town Council Meetings and some Special Town Council Meetings, with controversial issues, are video recorded. Copies are available upon request at the Town Clerk's Office located at 400 Camino de la Placita (575-751-2005) at a fee of $5.00 for audio recordings and $10.00 for video recordings. |
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