| 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 Pro Tem Abeyta at 1:33 p.m.
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Ms. Renee Lucero, Town Clerk, called roll and a quorum was present.
Those present were:
Mayor Pro Tem, Rudy C. Abeyta
Councilmember, A. Eugene Sanchez
Councilmember, Amy J. Quintana
Councilmember, Michael A. Silva
Also present were:
Town Manager, Daniel Miera
Assistant Town Manager, Abigail Adame
Town Clerk, Renee Lucero
Town Attorney, Allen Ferguson
Absent was:
Mayor, Darren M. Cordova (out of town on business)
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Councilmember Silva led the audience in the pledge of allegiance.
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Delete Item 7.B. Tracy Olson; Discussion regarding Summer Mural Project.
Delete Item 10.A. Matthew Spriggs, Community & Economic Development Director; Consideration and approval of the Preliminary Memorandum of Understanding between the Town of Taos and the Taos Community Foundation supporting the application for the "Promise Neighborhood" planning grant and committing to participating in the planning process and to provide staff time to the planning effort and implementation which will include existing services and the provision of affordable housing already underway by the Town.
Councilmember Silva made a motion to approve the Agenda as amended. Councilmember Quintana seconded the motion. The motion carried unanimously.
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Councilmember Sanchez made a motion to approve the Minutes of May 25, 2010, as presented. 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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Page 6, line 41 through 43, change the sentence to read as follows: "Mayor Cordova directed Mr. Miera to present another resolution to the Town Council at the first Regular Council Meeting in July, 2010 that would address the issues raised by Mayor Pro Tem Abeyta".
Councilmember Silva made a motion to approve the Minutes of June 8, 2010 as amended. 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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| 6. AWARDS AND RECOGNITIONS
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| A.
| Recognition of Annette Montoya, Taos Public Library Children's Librarian
Mayor Pro Tem Abeyta presented Annette Montoya with a certificate in recognition of her service in promoting the importance of reading through the Reading is Fundamental (RIF) grant program. The RIF organization recently honored her work at a national recognition dinner in Washington, DC.
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| | Ms. Montoya stated it is a great honor to receive this recognition and thanked George Jaramillo, Taos Public Library Director, for the nomination.
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| Recognition of Police Department Employees
Mayor Pro Tem Abeyta and Police Chief Rick Anglada presented certificates and the Chief's Challenge Coin to the following employees: Officer Gilbert Atencio, Officer David Weaver, Valorie Mondragon and Crystal Griego who volunteered their time and helped at the First Annual Special Olympics Basketball Tournament which was coordinated by Officer Atencio.
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| | Officer Atencio thanked Mayor Pro Tem Abeyta and Chief Anglada for the recognition and stated Officer Weaver, Ms. Mondragon and Ms. Griego are always available to assist when needed. He thanked each of them for their help.
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| | Ms. Bortner explained her intent was to have a mural placed at the Town's water tower; however, there is not enough time before school begins to complete the mural because the tower will not be ready for painting. Ms. Bortner proposed that the mural be placed at the Youth & Family Center. She stated the mural will be about 25 feet x 56 feet and presented a drawing of the proposed mural.
Mayor Pro Tem Abeyta asked Daniel Miera, Town Manager, if he is satisfied with the layout of the mural. Mr. Miera stated the layout was previously presented to him and it meets his satisfaction. He believes this location is a good alternative to the water tower site, which can be considered next year.
The Councilmembers concurred that the placement of the mural at the Youth & Family Center is acceptable.
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| B.
| Trent McClendon, Cactus Aviation | |
| | Mr. McClendon introduced himself to the Mayor Pro Tem and Councilmembers and stated his company is now offering aerial tours from Taos Regional Airport. He stated he is aware of areas in Taos which he is not allowed to fly over and looks forward to working with the community.
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| B.
| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval of Contract TT-11-26 with the Community Against Violence in the amount of $450,000 inclusive of GRT to provide emergency residential shelter for displaced or homeless victims of domestic violence in Taos County contingent upon available funding. Funded by the 2009 Supportive Housing Program Renewal Grant Agreement No. NM0038B6B010901 between the United States Department of Housing and Urban Development (Grantor) and the Town of Taos/Community Against Violence (Grantee).
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| E.
| Rick Anglada, Chief of Police
Consideration and approval of Contract TT-11-05 with Stray Hearts - Humane Society for the intake of animals. The contract is in the amount of $90,000 for the 2010-2011 fiscal year ending June 30, 2011; line item 11-14-44005. This is the first renewal from RFP# 08-19-12 which we have the option to renew for 4 years.
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Item 8.D. was removed from the Consent Agenda for discussion.
Councilmember Quintana made a motion to approve the Consent Agenda as amended. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva.
Item 8.D.: Councilmember Sanchez asked what type of in-kind services will be provided by the Town to fulfill the grant requirements. Matthew Spriggs, Community & Economic Development Director, stated the Town will provide in-kind services such as staff time, mapping, facility usage, etc. He emphasized that the Town will not provide a cash match.
Councilmember Silva made a motion to approve Resolution 10-32 as presented. 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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| A.
| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Approval and acceptance of Grant Agreement 03996 for the continuation of the original Grant Agreement number 09-L-G-3908 in the amount of $800,000; to plan, design and construct a pediatric clinic in Taos, Taos County. This agreement shall be effective retroactive to October 31, 2009 and shall terminate on August 29, 2013.
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Ms. Fambro stated this is a continuation of a legislative project the Town of Taos has with the State of New Mexico and under the Laws of the 2009 Special Session, the old agreements have been terminated with the balance amounts awarded back to the Town of Taos under these new agreements. She explained that funding for this project was initially provided through the State’s General Fund in the amount of $1,100,000; however, SB 29 changed the funding source to Severance Tax Bonds with the balance of $800,000.
Mr. Miera stated Town staff worked very hard to ensure that the Town did not lose funding.
Councilmember Silva made a motion to approve Grant Agreement 03996 as presented. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva.
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| B.
| Eric Montoya, Administrative Fire Chief
Approval of Resolution 10-35; A resolution of the Town Council imposing Fire Restrictions (Burn Ban) for the protection of the Town of Taos and its citizens and their property. | |
| | Administrative Fire Chief Montoya read Resolution 10-35 and explained that due to the increase in fires in recent weeks he strongly recommends approval of the resolution in an effort to protect the citizens and their property. He emphasized the use of fireworks will be strictly prohibited upon passage of the resolution and reminded the community that the Taos Fire Department will hold its Annual 4th of July Fireworks Display for all to enjoy. In addition, he stated Volunteer Fire Chief Jim Fambro has been in contact with two Taos County Commissioners regarding this resolution and he is confident the County will also pass a resolution imposing fire restrictions throughout Taos County.
Mayor Pro Tem Abeyta asked how difficult it is to restrict the use of fireworks. Administrative Fire Chief Montoya stated it is not difficult at all when the community is well educated on the drought conditions and the fire dangers. His goal is to educate the community as much as possible through the Town's Public Relations Office, the newspaper, and radio announcements.
Councilmember Quintana made a motion to approve Resolution 10-35 as presented. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva. |
| | Mark Fratrick, Airport Manager, presented Ordinance 10-12A to the Mayor and Council and stated the lease is for the gray hangar at the Taos Regional Airport which is owned by the Town of Taos. He stated the lease has been negotiated between the tenants and town management and all terms of the lease have been agreed upon.
Public Opinion
Mayor Pro Tem Abeyta opened the public hearing. No one came forward.
After closing the public hearing, Mayor Pro Tem Abeyta asked for questions from the Council.
Councilmember Quintana made a motion to approve Ordinance 10-12A 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. |
| B.
| Allen Ferguson, Town Attorney (with Assistant Town Attorney Jack Clough)
Consideration and approval of Ordinance 10-14; Repealing Town of Taos Ordinance 07-05 [An Ordinance approving a Project Participation Agreement entered into between the Town of Taos and the Taos Plaza Theatre and Arts Center, LLC pursuant to the New Mexico Local Economic Development Act and Town Ordinance, codified at 4.20 Economic Development Plan] and the related Lease Agreement in their entirety.
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| | Jack Clough, Assistant Town Attorney, presented Ordinance 10-14 to the Mayor and Council and stated this ordinance is one of the last items to be settled as part of the settlement agreement between the Town of Taos and Taos Plaza Theatre and Arts Center, LLC. In addition, he stated a portion of the agreement, a $30,000 payment from Taos Plaza Theatre and Arts Center, LLC, has also been settled.
Public Opinion
Mayor Pro Tem Abeyta opened the public hearing. No one came forward.
After closing the public hearing, Mayor Pro Tem Abeyta asked for questions from the Council.
Councilmember Sanchez made a motion to approve Ordinance 10-14 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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| Renee Lucero, Town Clerk
Consideration and approval of a new Restaurant Beer & Wine Liquor License Application No. 633683 for Powell Orchard Enterprises Inc. dba Taos Diner II located at 216-B Paseo del Pueblo Sur.
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| | Renee Lucero, Town Clerk, presented Application No. 633683 for a new Restaurant Beer & Wine Liquor License for Taos Diner II and stated all publication requirements have been complied with in accordance with Alcohol & Gaming Division regulations. She further stated that the Planning & Zoning Division has approved the license for zoning.
Public Opinion
Mayor Pro Tem Abeyta opened the public hearing. No one came forward.
After closing the public hearing, Mayor Pro Tem Abeyta asked for questions from the Council.
Councilmember Quintana made a motion to approve the new Restaurant Beer & Wine Liquor License for Taos Diner II 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. |
| 11. MATTERS FROM THE TOWN ATTORNEY
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| Resolution 10-19A
Consideration and approval of Resolution 10-19A; Amendment to Town of Taos Purchasing Policy. This amendment adds a new section of the recently adopted Purchasing Policy covering legal and contractual requirements regarding conflicts of interest and makes certain other, minor changes to the Policy.
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| | Allen Ferguson, Town Attorney, reviewed the proposed changes to the purchasing policy and explained that the changes will address conflicts of interest.
Councilmember Quintana referred to paragraph B on page 20 which addresses "Financial Interest" and asked if an elected official must recuse themselves from all discussions and motions when an immediate family member conducts business with the Town of Taos as a contractor. Mr. Ferguson stated yes, the policy states an elected official shall recuse themselves from any Town action or decision-making process that affects them or their immediate family members.
Mr. Ferguson referred to the last two paragraphs on page 21 and recommended replacing the paragraphs with the following paragraphs to include the underlined verbiage for clarification:
"Cross-Reference: This Policy incorporates by reference the Town’s special procurement policy for Community Development Block Grant (CDBG) projects set forth in Town of Taos Resolution 09-21 adopted by the Town Council on April 28, 2009. Please refer to that policy for procurement under CDBG grants.
PURCHASING POLICY APPROVAL
This Town of Taos Purchasing Policy was originally adopted by the Town Council of the Town of Taos at its Special Meeting on April 29, 2010 and was amended by the Town Council at its Regular Meeting on June 22, 2010."
Councilmember Silva asked if the completion date of a contract is when the contractor is paid in full or when the project is completed. He stated he did not find anything in the policy which addresses the completion date. Mr. Miera stated the contractual relationship between the Town and the Contractor can sometimes go on beyond the last payment to the Contractor and he believes the Town should be mindful not to conclude a contract upon final payment.
A discussion ensued about whether language regarding contract completion dates should be added to the policy or contract documents. Mayor Pro Tem Abeyta recommended approving the policy before the Council today and instructed the Town Manager to evaluate the concern raised by Councilmember Silva and address it at a later date either by amending the policy or by including language in contract documents.
Councilmember Silva made a motion to approve Resolution 10-19A as amended with the Town Attorney's recommendations. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva. |
| 12. MATTERS FROM THE TOWN MANAGER
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| Budget Message
Annual Budget Presentation by Daniel R. Miera, Town Manager. | |
| | Mr. Miera presented the Budget Message and stated the financial plan was crafted with several important goals in mind as follows: 1) The budget must be a balanced budget and the Town cannot spend more than the Town can afford; thus continuing the tradition of strong fiscal stability and accountability; 2) The budget must meet all financial policies that have been established by Town Council; and, 3) the budget must directly address Council priorities to the greatest extent possible.
He continued with the presentation and pointed out that the cost of living adjustment of one percent will be instituted within the Town of Taos pay scale for FY 2010-2011 and will be implemented July 1, 2010. He stated that the total budgeted expenditures in all funds for FY 2010-2011 are estimated at $39,796,308 from an overall estimated revenue total of $46,713,155.
Mr. Miera thanked the Mayor and Council for providing leadership and guidance to the Management Team and staff during the budget process and he also thanked the department heads and the Finance Director for the long hours spent in developing the budget.
Mayor Pro Tem Abeyta stated he is pleased that the Town is able to give a provide one percent cost of living increase given the downturn in our economy and, furthermore, the town is fortunate to have a balanced budget and is not facing lay-offs, furloughs or pay cuts.
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| Resolution 10-22
Approval of Resolution 10-22; Compensation and Benefits for Fiscal Year 2010-2011.
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| | Councilmember Sanchez asked if funding does become available to provide additional salary increases that the Town Manager authorize such increases with the consent and approval of the Town Council. Mr. Miera stated, if Council agrees, he can amend the resolution to address Councilmember Sanchez's concern.
Councilmember Quintana made a motion to approve Resolution 10-22 as amended with Councilmember Sanchez's recommendation. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva. |
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| Resolution 10-29
Approval of Resolution 10-29; Budget Policies for Fiscal Year 2010-2011.
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| | Councilmember Sanchez recommended deleting the following verbiage from the end of Section 1 - Preparation and Submission of the Budget: "but shall in addition try to maintain up to an additional 1/12 that is possible based on budget constraints."
Councilmember Silva made a motion to approve Resolution 10-29 as amended. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva. |
| D.
| Resolution 10-30
Approval of Resolution 10-30; Capital Improvements Program for Fiscal Year 2010-2011.
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Councilmember Quintana made a motion to approve Resolution 10-30 as presented. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Sanchez, Quintana and Silva.
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| E.
| Resolution 10-31
PUBLIC HEARING: Approval of Resolution 10-31; Annual Operating Budget for Fiscal Year 2010-2011.
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| | Mr. Miera presented Resolution 10-31, Annual Operating Budget for Fiscal Year 2010-2011, to the Mayor Pro Tem and Council.
Public Opinion
Mayor Pro Tem Abeyta opened the public hearing. No one came forward.
After closing the public hearing Mayor Pro Tem Abeyta asked for questions from the Council.
Councilmember Silva made a motion to approve Resolution 10-31 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. |
| 13. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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| | Councilmember Silva stated the sidewalk project on NM 68 required 4" concrete according to the specifications and he measured the concrete and it was only 3 1/2". He stated the Council has a responsibility to their constituents and believes the Town should hold the contractor accountable.
Mayor Pro Tem Abeyta stated, at the direction of Mayor Cordova, staff has already been evaluating this issue and read a letter from Fernando Cordova, Project Inspector, and a letter from Glen Baker, New Mexico Department of Transportation District 5 Project Manager. Both individuals stated the sidewalks were completed with no discrepancies and the project is within compliance. Mayor Pro Tem Abeyta stated Mayor Cordova also contacted Alex Abeyta, Consulting Engineer, and Mr. Abeyta agreed that the sidewalks are in compliance.
Mayor Pro Tem Abeyta thanked Councilmember Silva for his concerns and reiterated that Mayor Cordova did his due diligence by contacting professionals to inspect the project for the benefit of the constituents. He assured the community that the Town will continue to be good stewards of tax dollars.
Mr. Miera stated in addition to the two letters Mayor Pro Tem Abeyta mentioned, he also received a letter from Robert Roybal, Engineer for WH Pacific, and a letter from Advantage asphalt. He stated both letters indicate that the project meets the required specifications and is in compliance. He further stated staff will continue to monitor this project.
Francisco Espinoza, Public Works Director, stated he also measured the concrete and took photos at the site. He stated his measurements indicate the concrete measures 4 1/4". He also presented photos of his findings.
Councilmember Silva stated he will continue to bring these issues for discussion and will hold all contractors accountable for the work they perform. He stated if the Town continues to question contractors, they will see a higher standard of quality. Mayor Pro Tem Abeyta agreed that these issues should be brought up and stated staff will continue to monitor these projects. He also stated the Town is close to hiring a certified engineer who will oversee projects such as this which will be a great benefit to the Town.
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Mr. Miera, on behalf of Mayor Cordova, stated the Mayor intends to work with the Council on implementing a water conservation plan that would specify the days of the week that individuals who live within the municipal boundaries can water their vegetation. Additionally, Mayor Cordova asked Mr. Miera to assure the community that the Town is taking the drought conditions seriously and will take measures to protect the environment.
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A motion was made by
Councilmember Silva and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 4:12 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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