| 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 1:37 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, Brooke Cisneros
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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ADD Item 3) to Executive Session: Limited personnel matters regarding the hiring of the Planning & Zoning Director pursuant to NMSA 1978 10-15-1-H.(2).
Councilmember Silva made a motion to approve the Agenda as amended. Mayor Pro Tem Abeyta seconded the motion. The motion carried unanimously. |
| | Changes to Minutes:
Page 23, line 12, add the word "he" after the word "stated."
Page 23, line 13, add the word "he" after the word "believes."
Page 17, line 45, change the word "he" to "Mr. Miera."
Councilmember Quintana made a motion to approve the Minutes of December 14, 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.
Mayor Cordova stated, due to the burden placed on staff, the minutes should not be produced in a verbatim format in the future. He further stated most meetings are video and audio recorded and such recordings can be made part of the official record.
Mr. Miera stated staff can add language to the Town's Open Meetings Resolution indicating that video and audio recordings are available as part of the official record.
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Mayor Pro Tem Abeyta made a motion to approve the Minutes of December 28, 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 and Silva. Councilmember Quintana abstained because she was absent from the meeting on December 28, 2010.
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| A.
| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Authorization and approval to accept Amendment One to Grant Agreement 11-690-12421-1 from the State of New Mexico Children, Youth and Families Department increasing the grant amount by $15,700 for a new contract total of $146,700. The Town of Taos acts as the fiscal agent for the Taos County Juvenile Justice Program.
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| Marietta Fambro, Finance Director
Consideration and approval of Resolution 11-02; Budget Adjustment Request - 1) Community Grants Fund (30) - Increase revenues and expenditures in the amount of $15,700 for an additional grant amount received from the State of NM-CYFD for the Juvenile Justice program, Town of Taos acts as fiscal agent for this grant; 2) 1/4 Municipal GRT Fund (32) - Increase revenues and interfund transfer out to fund 59 in the amount of $24,569 to cover a portion needed for Change Order No. 1 to Advantage Asphalt for Este Es Road Improvement; 3) Vehicle Replacement Fund (54) - Transfer from capital outlay to operating expense to purchase miscellaneous equipment for the new police units; 4) Capital Projects Fund (51) - Increase revenues and expenditures in the amount of $100,000 for a grant received from the New Mexico Fire Protection Grant Council for the purchase of an urban interface engine; 5) 1999 Gas Tax Construction Fund (59) - Increase interfund transfer in and expenditures in the amount of $24,569 to cover a portion needed for Change Order No. 1 to Advantage Asphalt for Este Es Road Improvements.
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| | Item 7.D. was removed for discussion.
Mayor Pro Tem Abeyta made a motion to approve the Consent Agenda 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.
Item 7.D.
Mayor Cordova asked if the County has any involvement with this grant and if it is an annual grant. Ms. Fambro stated the grant is an extension of the current grant and is a pass-through grant; therefore, the Town of Taos does not actually manage the funding because it is on a reimbursement basis. Ms. Lujan stated the County does not have any involvement with this grant.
Councilmember Silva made a motion to approve Item 7.D. 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. |
| A.
| Amos Torres, Public Utilities Director
Consideration and approval of Change Order 5 to Contract TT-10-192
with AUI Inc. for the Wastewater Treatment Plant Upgrade project. The
change order is for electrical scope changes for the GE equipment,
additional conduit required by Kit Carson Electric for Fiber Optic lines,
deletion of gas heaters & piping, deletion of PRV in water piping and
the removal of a wall in the west basin. The total amount of the Change
Order is $81,580.01 plus NMGRT for a total amount of $87,392.59. The
amount of additional days for this change order is 17 days added to the
contract time. | |
| | Mr. Torres stated the Change Order will be paid from the Water Trust Board Grant which was set aside for contingency and not from Town of Taos funds. He also stated the price was negotiated, with the assistance of the engineers, from $187,000 to $81,580.01. In addition, the contract days were negotiated from 77 days for project completion to 17 days.
Councilmember Silva asked how Mr. Torres was able to successfully negotiate the tremendous cut in price and project completion days. Mr. Torres stated the numbers of days that were originally proposed were not justifiable and when the numbers of days were decreased, the price was also decreased.
Councilmember Quintana asked if it is normal to charge 42.5% for Labor Burden as listed on the Change Proposal form. Mr. Torres explained that amount was listed on the contract and he has talked to Mr. Miera about it. He further stated he will review the contract documents more closely in the future.
Councilmember Sanchez stated he believes the charge of 42.5% for Labor Burden is unreasonable and would like for the contractor to justify and break down the costs so that Mr. Torres can present the information at a future meeting.
Councilmember Sanchez made a motion to approve Change Order 5 to Contract TT-10-192 with AUI Inc. for the Wastewater Treatment Plant Upgrade project. 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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| Loretta Trujillo, Human Resources Director
In accordance with Town Code 3.32.010(E: The Mayor shall appoint all officers and employees, upon the recommendation of the Town Manager, subject to the approval of the majority members of the Town Council. Consideration and approval of appointment of Employees: Penny Larson - Communications Equipment Operator (FTE)and Richard Sanchez - Communications Equipment Operator (FTE). Both appointments are pending the successful completion of the pre-employment process. | |
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Ms. Trujillo stated she and the Town Attorney were reviewing the Town Code on a separate matter, and came across Section 3.32.010(E) which states: The Mayor shall appoint all officers and employees, upon the recommendation of the Town Manager, subject to the approval of the majority of the members of the Town Council.
Mayor Cordova asked if all the employees who have been hired and are currently Town employees are official employees or is the Town in violation of the Town Code.
Mr. Ferguson stated that current Town employees have relied on the Town's processes and he does not believe that any court would be think that the employees were not properly hired or that they should not have their jobs even if the procedures set forth in the Town Code were not properly followed; however, since the procedure is set in the Town Code and the Town now knows about it, the Town should follow it. Furthermore, he stated the code should be amended so that the Council does not have to approve new hires, except in the hiring of at-will employees.
Mayor Cordova agreed that the code should be amended to allow Council approval of at-will employees only.
Councilmember Quintana made a motion to approve the appointments as presented. 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.
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| A.
| Allen Ferguson, Town Attorney
Consideration and approval of Ordinance 11-02; Authorizing and approving a lease agreement with Tri-County Community Services, Inc. for 1421 Weimer Road (commonly known as the "Detox Center"). Like the leases to CAV, TCA,. etc., this lease allows the lessee to pay rent all or partly through the provision of public services to the Taos community. In this case, the services are mental health, substance abuse, and crisis hot-line services. The appraised fair rental value is $3,750.20 per month. An accounting is to be submitted by the lessee following every year and any amount not paid in services (or services plus cash) must then be paid in money. The lease is for 5 years. Notice of the ordinance and public hearing was published as required by statute. Both the ordinance and the proposed lease are attached. However, the ordinance gives the Mayor signature authority with the proviso that terms of the proposed agreement may be changed by mutual agreement of the parties so long as the changes do not alter what is provided by the ordinance.
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Mr. Ferguson presented Ordinance 11-02 to the Mayor and Council.
The Mayor recommended that Section 9 - Maintenance (of the lease agreement) include roof leaks in addition to the other maintenance items listed. Councilmember Silva added that he would also like for all Lessees' of Town owned property to provide preventive maintenance on the buildings, to ensure pipes are not exposed to frozen temperatures.
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 made a motion to approve Ordinance 11-02. 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.
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| B.
| Renee Lucero, Town Clerk
Consideration and approval of a Small Brewers Liquor License Application No. 653087 for Taos Brewing Company, LLC dba Taos Ale House located at 401 Paseo del Pueblo Norte.
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Ms. Lucero presented the liquor license application to the Mayor and Council and stated all publication requirements were met in accordance with state law and a zoning clearance was provided by the Planning and Zoning Department.
Public Opinion
Mayor Cordova opened the public hearing.
Jesse Cook, Owner of Taos Brewing Company, was sworn in and stated his goal is to open a small brew pub in the town of Taos that will have local music, sports, local foods and a good selection of beer.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Councilmember Sanchez made a motion to approve Small Brewers Liquor License Application No. 653087 for Taos Brewing Company, LLC dba Taos Ale House. 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 a Transfer of Ownership and Location of Liquor License/Application No. 2746/652245 for El Camino NM, LLC dba El Camino Cantina located at 122 C Paseo del Pueblo Sur.
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Ms. Lucero presented the liquor license application to the Mayor and Council and stated all publication requirements were met in accordance with state law and a zoning clearance was provided by the Planning and Zoning Department. Ms. Lucero also stated she receied an email on January 10, 2011 from Steven Slick of Hotel La Fonda de Taos opposing the liquor license.
Public Opinion
Mayor Cordova opened the public hearing.
Paul Castillo, owner of Dona Luz Bed and Breakfast (which is located across the street from the proposed bar), was sworn in and stated he had a bad experience with the previous bar that was located in the same area about 10 years ago. He stated at that time the police were always being called, the music was very loud, the bar created a nuisance and he felt there was not enough enforcement of Town ordinances. In addition, he stated he witnessed drug use by patrons of the bar and received vandalism to his property.
Additionally, Mr. Castillo stated he met with the applicants and they informed him that they plan to operate a nice establishment, that they would agree to close their bar at 10:00 p.m. and would also sign an agreement with the Town. He asked that a legal agreement be prepared for the applicants signatures. He believes a late bar would damage Taos' image.
Mr. Ferguson noted that Mr. Castillo submitted a letter to the Alcohol and Gaming Division as part of the record on file. He also asked the Council to take note that Mr. Castillo's letter states the proposed bar is located about 5 feet from public right of way and is above street level which makes the noise travel farther than it normally would.
Councilmember Sanchez stated the Council should approve the application based on the owners closing at 10:00 p.m.
Councilmember Silva asked whether the Council has the legal authority to impose a time restriction on the applicant. Mr. Ferguson stated state law does not indicate whether the Council can approve with conditions; however, he believes they can as long as it is proven that not imposing time restrictions will pose a threat on the health, safety and welfare of the citizens of Taos. He also stated several months ago the Council approved a Beer and Wine License with certain conditions. He believes it would be a good idea for the owners to sign an agreement stating that they will close early if they agree to and if that is the wish of the Council.
Mayor Cordova stated he is unsure of whether the Council can prohibit a business from staying open late.
Maurice Bonal, the liquor license broker to the applicant, was sworn in and stated he owns six liquor licenses and is very familiar with liquor license appeals and the state law. He stated the applicants will adhere to the Town's noise ordinance and he does not believe the Town can impose restrictions on one applicant and not another and indicated there are many businesses in the area with the same type of license. He further stated he does not believe the letter that was submitted to the Alcohol and Gaming Division by Mr. Castillo was sufficient since they submitted their preliminary approval.
Mr. Bonal further stated for the record that the applicants will adhere to the noise ordinance, they do not agree that their business is detrimental to the health, safety and welfare of the community, and they do not agree that selective ordinance making is in line with or part of the application process. He believes what the Council does for one applicant they must do for all applicants. Moreover, he stated the applicants currently operate a liquor license at Taos Ski Valley and they have not had any problems.
Judy Cantu, landlord of the applicant, was sworn in and stated she wishes everyone who leased from her was as professional as the applicants. She stated they truly care for the community and are conscientious about the neighborhood. Furthermore, she stated there is a clause in the lease that the applicant shall not create a nuisance or the lease will be terminated.
Dave Wallace, Director of Public Safety at Taos Ski Valley, was sworn in and stated the applicants have owned Stray Dog Cantina at the Ski Valley for two years and they are an asset to their community. He has not had any calls for service and their establishment has been involved in many special events. He believes the applicants are aware of the ordinances and will be great assets to the community.
Marcos Aragon and Rachel Griego, applicants, were sworn in. Mr. Aragon stated they are both from northern New Mexico and look forward to doing business in Taos, creating jobs and being a part of the community. He stated they are intending to be an early hour establishment and are not intending to stay open late at night and they did agree to sign an agreement if the Town asks them to do so; however, they do not want to be limited to early hours during two or three special events throughout the year including New Years Eve. Furthermore, he stated they do not want to be compared to Weasel Mahood (the bar that was present in the proposed location about ten years ago).
Ms. Griego stated they only have good intentions for Taos and will comply with all rules, regulations and laws; however, they do not want to be singled out as far as imposition of time restrictions.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Councilmember Silva stated the Town does not have an ordinance which would allow the Council to mandate early hours of closure. He asked if the applicants would close early in an effort to be good neighbors. Ms. Griego stated absolutely; however, she repeated that they do not want to be singled out.
Ms. Lucero informed the Mayor and Council that she contacted liquor license establishments at nearby locations and closing hours are later than the proposed closing hours at El Camino Cantina.
Mayor Cordova stated the conditions the Council set on the other applicant which Mr. Ferguson referred to was due to a safety issue concerning the parking lot. He does not encourage the Council to limit the hours of this establishment and single out the applicants. He also stated the Council has control over nuisances by enforcing or changing Town ordinances.
Mayor Pro Tem Abeyta asked if the applicants support signing an agreement indicating they will close their business at 10:00 p.m. Ms. Griego stated she wants to have a friendly relationship with her neighbors; however, she emphasized they would never run their business to get people drunk, break the laws or lose their liquor license and she does not want to sign an agreement that no other applicant has been asked to sign.
A lengthy discussion ensued about the bar that was previously established at the same location which allegedly violated the noise and nuisance ordinances. There was consensus that violations could be addressed through proper enforcement of the ordinances. The Council also discussed whether asking the applicant to sign an agreement to close early is fair or legal.
Mr. Castillo asked that the Council consider approving the application contingent upon the noise ordinance being amended. He also stated he is disappointed that the applicants said they would sign an agreement and now they have changed their mind.
Councilmember Silva made a motion to approve Transfer of Ownership and Location of Liquor License/Application No. 2746/652245 for El Camino NM, LLC dba El Camino Cantina. Councilmember Quintana seconded the motion.
Councilmember Sanchez stated he is concerned that the applicants changed their mind about signing an agreement to close early.
Mr. Aragon clarified that when they discussed signing an agreement with Mr. Castillo they stated they would abide by all laws and sign anything as required by the law.
The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Quintana and Silva. Councilmember Sanchez abstained.
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| 9. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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| | The following items were discussed:
*Councilmember Silva asked that the noise ordinance be addressed and enforced.
*Councilmember Silva also asked that a resolution be created that addresses how the Town will deal with hiring freezes during an economic crisis.
*Mayor Pro Tem Abeyta discussed a memorandum from Ledoux Street Association regarding the various issues with Ledoux Street including the "Art Walk". Councilmember Sanchez added the lighting on Ledoux Street needs to be addressed.
*Mayor Cordova read an email from Joel Israel and stated the official FIFA certificate has been received by the Town. The facility should be completed within the next week.
*Youth Councilmember Cisneros stated Taos High School students are organizing a School Board candidate debate.
*Mr. Miera stated the Town has organized an anti-graffiti effort in coordination with the State of New Mexico and its transportation corridors.
*Ron Yachinich, Conventions and Visitor Center Director stated the Visitor Center continues to be closed for water damage repairs; however, the art in the Visitor Center was not damaged. |
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Councilmember Silva
made a motion to go into Executive Session to discuss the following: 1) Threatening litigation regarding the Chamisa Verde Affordable Housing Subdivision pursuant to NMSA 1978 10-15-1-H.(7); 2) Limited personnel matters regarding the Town Manager's Contract pursuant to NMSA 1978 10-15-1-H.(2); and 3) Limited personnel matters regarding the hiring of the Planning & Zoning Director pursuant to NMSA 1978 10-15-1-H.(2).
Councilmember Quintana seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
At 7:20 p.m., Mayor Pro Tem Abeyta
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: Mayor Pro Tem Abeyta, and Councilmembers Sanchez, Quintana and Silva.
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A motion was made by
Mayor Pro Tem Abeyta and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 7:20 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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