Meetings
 

AGENDA
May 11, 2010
Regular Meeting
Town Council Chambers - 120 Civic Plaza Drive
1:30 PM

 
 
1. CALL TO ORDER BY THE HONORABLE MAYOR DARREN M. CORDOVA
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
6. APPROVAL OF MINUTES
A. April 13, 2010 Regular Meeting Minutes
B. April 15, 2010 Special Meeting Minutes
7. AWARDS AND RECOGNITIONS
A. Presentation of Certificate of Achievement to Abby Gunther and Jackie Jagers
Mayor Cordova will present Abby Gunther and Jackie Jagers with certificated of achievement recognizing them for placing 1st in their levels at the 2010 New Mexico Gymnastics State Competition.
B. Presentation of Certificate of Achievement to Zachary Johnson
Mayor Cordova will present Zachary Johnson with a certificate of achievement.  Zachary is the first Taos State Champion in swimming, winning the 200 breaststroke and placing 2nd in his other events. 
C. Presentation of Proclamation for Bike to Work Day
Mayor Cordova will present a proclamation to Rocky Mountain Youth Corps proclaiming May 21, 2010 Bike to Work Day.
8. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
9. PUBLIC HEARINGS
A. Matthew Spriggs, Community & Economic Development Director (with Matthew Foster, Long Range Planner)
Consideration and approval of Ordinance 10-07; Amending and repealing various sections of Title 16 of the Town Code (Land Use Development Code) to separate the Historic Preservation Commission from the Planning and Zoning Commission; assigning powers and duties to the Historic Preservation Commission and the Code Administrator.
10. MATTERS FROM STAFF
A. Francisco "French" Espinoza, Public Works Director
Consideration and approval of Change Order No. 2 to Contract TT-10-90 to Advantage Asphalt and Seal Coating. This change order is for the award of Alternate No. 1 in the amount of $99,819.90 exclusive of NMGRT (additive amount was negotiated 10% below original bid). Alternate No. 1 is for the installation of the water and sewer line extensions on Reed and Alexander street. Line Item 81-38-45003.
B. Marietta Fambro, Finance Director
Approval of Resolution 10-20; Budget Adjustment Request: 1) Water Rights Fund (64) - Decrease unreserved fund balance and increase interfund transfer out to fund (81) in the amount of $66,723 to cover the water portion of Alternate No. 1 to Reed/Alexander Sanitary Sewer and Water project; 2) Capital Improvements Fund (51) - a. Decrease Buildings for Streets (51-51) and increase interfund transfer out to fund (81) in the amount of $16,710, b. Change project (51-86) from purchase of a snow plow to a mower.  3) 1999 Gas Tax Construction Fund (59) - Decrease Reed/Alexander Street (59-08) and increase interfund transfer out to fund (81) in the amount of $24,435;  4) Utility Improvements Fund (81) - Increase interfund transfer in and expenditures to cover the total cost of Alternate No. 1 to Reed/Alexander Sanitary Sewer and Water projects in the amount of $107,868. Breakdown $66,723 from Water Rights, $16,710 from Capital Improvements and $24,435 from 1999 Gas Tax Construction.
C. Matthew Spriggs, Community & Economic Development Director (with Matthew Foster, Long Range Planner)
Approval of the plan regarding the projects and milestones for implementing the Town grant from the Energy Minerals and Natural Resources Department for the Energy Efficiency and Conservation Block Grant in the amount of $490,490. The Town is required to submit a plan for the successful implementation of the projects, which include the installation of a nominal 50 kilowatt solar photovoltaic (PV) system at Town Hall, training of Town staff to become LEED AP and Certified HERS Raters to implement the requirements of the Town of Taos High Performance Building Ordinance (HPBO), conduct a green house gas emissions inventory of the Town, perform energy and environmental audits and retrofits for seventeen (17) town-owned buildings, and to conduct four public education events to inform the community about the requirements or the HPBO as well as the financial and environmental benefits of energy conservation retrofits to residential buildings.
11. TOWN MANAGER'S REPORT
12. MATTERS FROM THE MAYOR AND COUNCIL
13. MATTERS AND REPORTS FROM THE MAYOR
14. MATTERS AND REPORTS FROM THE COUNCIL
15. ADJOURNMENT
 
To request details on an agenda item please contact the Town Clerk at 400 Camino de la Placita, Taos New Mexico, 87571 (575) 751-2005.
If you are an individual with a disability who is in need of aid or service to attend and/or participate in a meeting of the Town of Taos Council, please contact the office of the Town Clerk at 400 Camino de la Placita, Taos New Mexico, 87571 (575) 751-2005 at least 24 hours in advance.
For copies of this agenda please pick-up at Town Hall. You may also view the agenda and the agenda packet at http://public.taosgov.com/.
 
Meetings
 

MINUTES
May 11, 2010
Regular Meeting
Town Council Chambers - 120 Civic Plaza Drive
1:30 PM

 
 
1. CALL TO ORDER BY THE HONORABLE MAYOR DARREN M. CORDOVA
  

The Regular Meeting of the Taos Town Council was called to order by the Honorable Mayor Darren M. Cordova at 1:31 p.m. 

2. ROLL CALL
  

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       

Also present were:      
Assistant Town Manager, Abigail Adame
Town Clerk, Renee Lucero
Town Attorney, Allen Ferguson

Those absent were:
Town Manager, Daniel Miera
Youth Councilmember, Feliz Vigil    

3. PLEDGE OF ALLEGIANCE
  

Councilmember Quintana led the audience in the pledge of allegiance.

4. APPROVAL OF AGENDA
  

Mayor Pro Tem Abeyta made a motion to approve the Agenda as presented. Councilmember Silva seconded the motion. The motion carried unanimously.

5. APPROVAL OF MINUTES
A. April 13, 2010 Regular Meeting Minutes
 

On page 4, line 6, change "Ben" to "Bin" and throughout item change "Bilah" to Bilal".

On page 4, line 11, change "Dillon" to "Dylan".

Councilmember Sanchez made a motion to approve the Minutes of April 13, 2010 as amended. 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.  

B. April 15, 2010 Special Meeting Minutes
 

Councilmember Silva made a motion to approve the Minutes of April 15, 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.  

6. AWARDS AND RECOGNITIONS
A. Presentation of Proclamation for Bike to Work Day
Mayor Cordova presented a proclamation to Rocky Mountain Youth Corps proclaiming May 21, 2010 Bike to Work Day.
B. Presentation of Certificate of Achievement to Zachary Johnson
Mayor Cordova presented Zachary Johnson with a certificate of achievement.  Zachary is the first Taos State Champion in swimming, winning the 200 breaststroke and placing 2nd in his other events. 
C. Presentation of Certificate of Achievement to Abby Gunther and Jackie Jagers
Mayor Cordova presented Abby Gunther and Jackie Jagers with certificates of achievement recognizing them for placing 1st in their levels at the 2010 New Mexico Gymnastics State Competition.
 
7. CITIZENS FORUM
A. Pati Martinson and Terrie Bad Hand, Taos County Economic Development Corporation (TCEDC)
 

Ms. Martinson urged the Mayor and Council to consider including TCEDC in the Town of Taos Budget for fiscal year 2010-2011.  She explained the need for funding and stated TCEDC serves a total of 1,300 - 1,500 individuals on a yearly basis with a slim budget of $500,000.  She went on to outline the various programs offered at TCEDC.

Ms. Bad Hand stated TCEDC is seeking regular support from the Town of Taos and thanked the Town for the support provided in the past.

Mayor Cordova commended Ms. Martinson and Ms. Bad Hand for the programs they offer the community. 

The following citizens came forward to express their support of TCEDC and explained how TCEDC provided the resources to get their business get started and become successful:

Paul Cross
Elena Arguello
Tina Leonard
Tico Mascareñas
Diana Fichtelberg
Ruth Gonzales

Councilmember Silva stated he agrees that TCEDC has helped community members realize that they can be entrepreneurs.

B. Kelci Johnston
 

Ms. Johnston stated the Miracle Mile is being held this weekend at 9:00 a.m. at the Youth & Family Center to benefit the Children's Miracle Network.  She explained there is a 5K run/walk and many other events scheduled.

C. Darren M. Cordova, DMC Broadcasting
 Mayor Cordova, on behalf of DMC Broadcasting, stated the Annual Mothers Day Celebration was a great success with 10-15% of the attendees being locals and the majority of the attendees coming from out of town.  He thanked the Town of Taos for their support in making this event a success.
8. MATTERS FROM STAFF
A. Francisco "French" Espinoza, Public Works Director
Consideration and approval of Change Order No. 2 to Contract TT-10-90 to Advantage Asphalt and Seal Coating. This change order is for the award of Alternate No. 1 in the amount of $99,819.90 exclusive of NMGRT (additive amount was negotiated 10% below original bid). Alternate No. 1 is for the installation of the water and sewer line extensions on Reed and Alexander street. Line Item 81-38-45003.
 

Mayor Cordova explained that Councilmember Silva informed him he would like this portion of the project to be bid out in an attempt to hire a local contractor to complete the work.  Mayor Cordova further explained that the project engineer proposed a cost of $12,000 to rebid the project, which he and the Public Works Director felt was a high proposal.  Therefore, he contacted a local consulting engineer for a proposal and the consulting engineer estimated it would cost $3 to $5 thousand dollars, however, the consulting engineer recommends not having two engineers working on the same project.

Furthermore, Mayor Cordova stated the Town may face legal issues if the project is rebid because Advantage Asphalt was the apparent low bidder.  He explained the reason this portion of the project took so long to come for Council approval is because staff was waiting to see if the Town was awarded CDBG funds.   Mayor Cordova recommends approval of this item so that staff can close the CDBG Grant and be eligible for additional funds.

Councilmember Silva stated the Council has said that they are committed to purchasing locally and he believes this is a perfect opportunity to do so.  If the Town rebids the project and a local contractor is awarded the Town would get a great return.  He made it very clear that his company would not bid on this project; however, he does want to see the project awarded to a local contractor.

Mayor Cordova stated he completely understands Councilmember Silva's concerns and fully supports purchasing local; however, he is concerned about the legal issues the Town may face if the project is rebid.

Allen Ferguson, Town Attorney, stated even if the project was rebid, any contractor could bid on it and there is no guarantee the lowest qualified bidder would be a local contractor.

There was a lengthy discussion about the hard economic difficulties that local contractors are facing.  The Mayor and Councilmembers shared Councilmember Silva's concerns about purchasing locally; however, they stressed they do not want to place the Town in a legal situation or risk funding opportunities in the future. 

Mayor Pro Tem Abeyta made a motion to approve Change Order No. 2 to Contract TT-10-90 to Advantage Asphalt and Seal Coating. Councilmember Quintana seconded the motion. 

Mayor Cordova stated he understands Councilmember Silva's rationale; however, he is concerned that rebidding would affect the timeline of the project and jeopardize CDBG funding opportunities.  He recommends approval.

Councilmember Quintana stated she is also concerned about losing CDBG funds and urged local contractors to submit competitive bids in future projects.

The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez and Quintana.  Voting NAY was: Councilmember Silva. 

Mayor Cordova commended the council for being open and respecting each other's opinions.

B. Marietta Fambro, Finance Director
Approval of Resolution 10-20; Budget Adjustment Request: 1) Water Rights Fund (64) - Decrease unreserved fund balance and increase interfund transfer out to fund (81) in the amount of $66,723 to cover the water portion of Alternate No. 1 to Reed/Alexander Sanitary Sewer and Water project; 2) Capital Improvements Fund (51) - a. Decrease Buildings for Streets (51-51) and increase interfund transfer out to fund (81) in the amount of $16,710, b. Change project (51-86) from purchase of a snow plow to a mower.  3) 1999 Gas Tax Construction Fund (59) - Decrease Reed/Alexander Street (59-08) and increase interfund transfer out to fund (81) in the amount of $24,435;  4) Utility Improvements Fund (81) - Increase interfund transfer in and expenditures to cover the total cost of Alternate No. 1 to Reed/Alexander Sanitary Sewer and Water projects in the amount of $107,868. Breakdown $66,723 from Water Rights, $16,710 from Capital Improvements and $24,435 from 1999 Gas Tax Construction.
 

Councilmember Silva made a motion to approve Resolution 10-20 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. 

C. Matthew Spriggs, Community & Economic Development Director (with Matthew Foster, Long Range Planner)
Approval of the plan regarding the projects and milestones for implementing the Town grant from the Energy Minerals and Natural Resources Department for the Energy Efficiency and Conservation Block Grant in the amount of $490,490. The Town is required to submit a plan for the successful implementation of the projects, which include the installation of a nominal 50 kilowatt solar photovoltaic (PV) system at Town Hall, training of Town staff to become LEED AP and Certified HERS Raters to implement the requirements of the Town of Taos High Performance Building Ordinance (HPBO), conduct a green house gas emissions inventory of the Town, perform energy and environmental audits and retrofits for seventeen (17) town-owned buildings, and to conduct four public education events to inform the community about the requirements or the HPBO as well as the financial and environmental benefits of energy conservation retrofits to residential buildings.
 

Mr. Foster stated the plan is required as one of the deliverables of the grant. 

Mr. Spriggs acknowledged Mr. Fosters' hard work and dedication in obtaining this grant for the Town of Taos.

Councilmember Silva made a motion to approve the plan regarding the projects and milestones for implementing the Town grant from the Energy Minerals and Natural Resources Department for the Energy Efficiency and Conservation Block Grant in the amount of $490,490. Mayor Pro Tem Abeyta 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. 

9. PUBLIC HEARINGS
A. Matthew Spriggs, Community & Economic Development Director (with Matthew Foster, Long Range Planner)
Consideration and approval of Ordinance 10-07; Amending and repealing various sections of Title 16 of the Town Code (Land Use Development Code) to separate the Historic Preservation Commission from the Planning and Zoning Commission; assigning powers and duties to the Historic Preservation Commission and the Code Administrator.
 

Matthew Spriggs, Community & Economic Development Director, presented Ordinance 10-07 to the Mayor and Council and explained if the ordinance is approved, the Historic Preservation Commission will be assigned powers and duties and will act as an entity separate from the Planning and Zoning Commission.  Additionally, he stated the two entities will also have separate commission agendas and minutes.

Matthew Foster, Long Range Planner, read through the ordinance highlighting the main issues the ordinance will address.  He stated the next step after adoption of the ordinance is to invite members of the community to submit letters of interest for appointment to the board.

Public Opinion
Mayor Cordova opened the public hearing. No one came forward.

After closing the public hearing, Mayor Cordova asked for questions from the Council.

Councilmember Silva asked how many members serve on the Planning and Zoning Commission and if any of them have expressed interest in serving on the Historic Preservation Commission.  Mr. Spriggs stated there are seven members and he is not aware if any are interested in serving on the Historic Preservation Commission. 

Councilmember Sanchez asked if there is enough demand to have a separate commission.  Mr. Spriggs stated there is a backlog of work that needs to be done by the Historic Preservation Commission. He also explained that separating the entities will reduce the amount of time that Planning and Zoning Commission meetings take.  

Mayor Pro Tem Abeyta referred to the first page of the ordinance wherein the sixth paragraph reads as follows:  “WHEREAS, the Historic Preservation Commission should be empowered to designate buildings or structures as a Contributing Property within a Historic Overlay Zone”. He asked if a property owner must give consent for their property to be designated a Contributing Property. Mr. Spriggs stated yes. Mayor Pro Tem Abeyta expressed concern for poor property owners who will have to improve their properties due their property being designated a Contributing Property. Mr. Spriggs clarified that there are no mandates for property owners to improve their property as it is entirely the property owner's decision whether the property is designated a Contributing Property.  He also explained that there are tax breaks available for properties designated as Contributing Properties.   Mayor Pro Tem Abeyta asked that language be included in the Ordinance clarifying that property owners must give consent prior to a building or structure being designated as a Contributing Property within the Historic Overlay Zone.

Councilmember Quintana made a motion to approve Ordinance 10-07 to include language as recommended by Mayor Pro Tem Abeyta. Mayor Pro Tem Abeyta 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 MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
  Councilmember Sanchez asked why the construction of the Eco Park did not begin on May 10th as scheduled.  Tina Torres, Purchasing Agent, stated the date changed due to a delay in mobilization because of the strong winds in the area.  Councilmember Sanchez asked that staff closely watch the progress of the construction.
11. ADJOURNMENT
  

A motion was made by Councilmember Quintana and seconded by Councilmember Sanchez to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 4:13 p.m.

 
 
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.