Mayor Pro Tem Abeyta made a motion to approve the Minutes of April 12, 2011 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. 

Mayor Cordova presented a proclamation to Allen Vigil which declared May 10, 2011 as “Allen Vigil Day in Taos” along with a plaque exhibiting the final Town ordinance Mr. Vigil prepared.  He thanked Mr. Vigil for his many years of service to the Town of Taos and for his services to the community. Mr. Vigil thanked the Mayor and Council for the recognition and stated he was surprised and humbled. 

Councilmember Silva congratulated Mr. Vigil and stated he was always there when his expertise was needed. Mayor Pro Tem Abeyta congratulated Mr. Vigil for his superb services to the Town of Taos, Taos County and the entire community. Councilmember Sanchez thanked Mr. Vigil for his years of service and stated he would be missed. Councilmember Quintana stated she enjoyed his friendship and wished him the very best. Mayor Cordova stated he admired how Mr. Vigil was always fair and consistent across the board with controversial issues.

Ms. Gonzales presented the program objectives of the Taos Entrepreneurial Network – TEN. She described the various serves they provide to the business community.  

Mayor Cordova thanked Ms. Gonzales and stated the Town is facing budget shortfalls; however, he realizes the importance of TEN and their commitment to the business community. He further stated the Town will continue to evaluate how to assist this organization.

Mayor Pro Tem Abeyta asked if the Town included TEN Network in the 2011/2012 budget. Daniel Miera, Town Manager explained the direction of the new fiscal year budget was to try to maintain and move forward with the funding from the previous fiscal year and since TEN was not in the previous budget it was not included in the 2011/2012 budget. Mayor Pro Tem Abeyta requested that the new budget be re-evaluated.  

Mr. Romero thanked Mayor Cordova and Council for their past support of Ancianos. He stated the Senior Center has been in operation for over thirty years and the population of the seniors has increased substantially. Mr. Romero explained the services and programs provided by Ancianos.  

A discussion ensued regarding the programs and services provided by Ancianos and Taos County’s contributions to Ancianos. 

Mayor Pro Tem Abeyta stated the Town needs to do more for the seniors regardless of whether the County provides funds. He further added the Town gives more money to other functions within the community and the Town should re-evaluate its budget. He recommended the Mayor and Council reconsider the distribution of what was budgeted last year to non-profits and to increase the budget for Ancianos. Mayor Pro Tem Abeyta further added the seniors need more support than ever today due to the economic situation.  

Mr. Romero informed the Mayor and Council that many seniors are not getting the help they need and are having to leave the community to live with their families or are living in facilities located out of town.  

Mayor Cordova thanked Mr. Romero for his presentation.

Mr. Blankenhorn advised the Mayor and Council that the Taos Homeless Shelter opened on April 21, 2010 and has since provided hundreds of men with meals, beds, laundry, showers and counseling. He stated the shelter receives referrals from the hospitals, churches, Tri-County and law enforcement who often come in contact with men who have to no place to go. He further stated the Town, in the past, has provided in-kind services; however, the shelter needs more continued support from local government. Mr. Blankenhorn further added if the shelter is able to get contracts for services with the Town and Taos County he would be able to utilize it in his grant applications for further funding. 

A discussion ensued in regards to the budget to operate the shelter and the anticipated funding.

Mayor Pro Tem Abeyta proposed that the Town reconsider the distribution of funding for non-profits and allocate the money to help people.

Councilmember Silva directed Mr. Miera to provide a list of all non-profits so that the Council may evaluate and prioritize the distribution of the budget. 

Allen Ferguson, Town Attorney, reminded the Council of the violation of the Anti-Donation Clause by entering into a contract for services, which is equal or exceeds the value of what the Town is paying to these non-profits rather than granting money.

Mayor Cordova stated he fully supports the Men’s Homeless Shelter and it is a great service to the community. He further added the Town will continue to support the shelter whether it is in the form of in-kind services or monetary contribution.

In reference to the emergency repairs that are needed, Mr. Miera explained the valves at intersection SR 68 and SR 64 in front of the Plaza area is leaking. He further explained a repair to a leak was made in that area in July of last year and the Town has since had another leak. Mr. Miera stated staff initially prepared for a slip line project from that intersection north to around Bent Street and possibly up to Civic Plaza Drive. He stated upon evaluation of the situation staff determined the slip line was not necessary since it is a newer line and should not need repairs.  Furthermore, Mr. Miera stated it appears that an old steel pipe west of the intersection into the Plaza will need replacement. He explained the Town had already secured procurement for the scope of work on the initial project; however, this past Friday the bids were rejected. Mr. Miera further explained the Town is moving in a new direction and will have a new scope of work which will be sent out for bid; however, the Town will still need to utilize these funds. 

Councilmember Quintana asked how long it would take to make the repairs. Amos Torres, Utilities Public Director, stated the project would commence in mid-June and the work itself would take approximately one week to complete. Councilmember Quintana requested that no work be done during weekends since it is the busiest time for the merchants.    

Mr. Miera stated the Town has been in discussion with Cathy Connelly, Public Relations Director, and further added although it may be an inconvenience to merchants for a few days or a week, results could be catastrophic if the project is delayed which would impact the merchants for more than a week.  

A discussion ensued in regards to how the Town would proceed in completing the project and how the Town would implement improvements to the Incode System which would allow the Town to document the location of the repairs made to the infrastructure.

Councilmember Quintana made a motion to approve Resolution 11-22 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. 

Councilmember Quintana made a motion to approve Armour Pavement’s Emulsified Pavement Sealer & Rejuvenator bid in the amount of $120,250.20 inclusive of GRT in accordance with NMDOT State Pricing Agreement #00-805-00-05986. 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.   

For discussion Councilmember Silva asked what the crack and seal project was used for last year at the Taos Regional Airport. Mr. Fratrick stated the application of the crack and seal coat was for part of the taxiway and part of the parking ramp. He further added the application of the crack and seal coat will be used on the runway this year. 

Mr. Morris stated this is a continuation of the boundary commission process which was started a few weeks ago. He further stated since that time, at the direction of the Town Council a series of parcels and areas have been identified that are problematic for the Town which should be taken to the Municipal Boundary Commission along with Este Es Road.

Mr. Morris along with John Clough, Assistant Town Attorney, informed the Mayor and Council of the parcels and areas which would be affected.

Mayor Cordova thanked Mr. Morris for completing this task in a timely manner. 

Mayor Pro Tem Abeyta stated the Town was not doing a mass annexation process, but rather a general cleanup with proper documentation to ensure everything is in order.

Mayor Cordova stated that he would like to make certain that the Town has a plan in place addressing the infrastructure needs within the seven year timeline.  

Mr. Miera stated notification on this action was sent out to the County and Taos Pueblo. 

Councilmember Sanchez made a motion to approve Resolution 11-21 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.  

Mr. Yachinich explained the grant agreement requires that 95% of scrape tires in New Mexico be used for programs and projects that use recycled-tire products. He further added the Town will replace the existing pea gravel and wood mulch with recycled tire rubber mulch at the Kit Carson Park, Fred Baca Park and the Taos Youth and Family Center.  Mr. Yachinich explained the pea gravel will be reused in different areas within the Town of Taos and the wood mulch will be mulched as compost. He further explained 17,289 tires will be used for this project and the Town has until July of 2012 to complete the project. 

Councilmember Quintana made a motion to accept the Recycling and Illegal Dumping Fund Tire Grant 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. 

THIS ITEM WAS HEARD AFTER ITEM 6.A.

Ms. Lucero presented new Restaurant Beer & Wine Liquor License Application No. 654717 for El Gamal, LLC to the Mayor and Council and stated notice of public hearing requirements were complied with in accordance with Alcohol and Gaming Division requirements. She also explained the Planning and Zoning Department reviewed the application and informed her that the Land Use Development Code allows for this type of license in this location.  

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. 

Mayor Pro Tem Abeyta made a motion to approve new Restaurant Beer & Wine Liquor License application No. 654717 for El Gamal, LLC.  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.  

Elad Greenvald thanked the Mayor and Council for their support. Mayor Cordova wished him and his family well in their endeavors. 

Councilmember Sanchez made a motion to approve the appointment of the Planning and Zoning Commission 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. 

Councilmember Sanchez requested the status of the letter submitted by Sam Rychener regarding issues which originated in the 1980’s. 

Mayor Pro Tem Abeyta explained the letter that Councilmember Sanchez was referring to involves North Trapper Road which was a subdivision that failed. He further explained the Town worked with the new developer in completing this subdivision and the issue was whether the roadways were going to be dedicated as Town roads. Mayor Pro Tem Abeyta stated Mr. Rychener believes these roads are indeed Town roads and provided copies of past correspondence from the Town acknowledging that the Town would assume all responsibilities of these roadways, with the exception of completing the storm drain, which has never been fulfilled. He further added Mr. Rychener argues that the Town accepted the roadways without conditions but now, the Town has new conditions on the acceptance of the roadways.

Mr. Miera stated the Town's position in the beginning was that the roadways were in the Town’s inventory based on a dedication within a plat that was provided to the Council years back. Therefore, the Town made repairs to potholes in that location last fall. He explained as proposed in the dedication back in the late 1980’s or early 1990’s the Town was under the impression that the storm drain had been placed because there was an inlet set; however, the problem is that there is not an outlet and the storm drain does not carry anywhere.  Mr. Miera further explained the infrastructure on both the roadways and some of the utilities were never properly installed to Town standards and taking on that infrastructure would mean the Town would take on additional liabilities. 

Mr. Ferguson stated in addition to fixing the potholes the Town has also reimbursed Mr. Rychener for money he spent on the repairs of a broken waterline under the street.  Mr. Ferguson further explained the Town's position is when the storm drain was installed it was never certified that it reached Town standards. Mr. Ferguson recommended the Town assume the routine maintenance responsibility; however, the private parties must repair or replace the faulty storm drain and any damage caused by it. 

A discussion ensued in regards to how to resolve this issue in accordance with state statute.

Councilmember Sanchez stated in 2005 officials with Kit Carson Electric made a presentation to the Town Council in regards to constructing the Regional Command Center. When it was presented it was assumed that other governing entities within the community would participate in this and it appeared the Town’s contribution would be minimal. He further stated contrary to what was discussed there is no other entity that has made a commitment to use the Regional Command Center. Councilmember Sanchez recommended the Town analyze the cost to move the Taos Police Department and the Command Center to the Regional Command Center in comparison with renovating the Mary Medina Building.  

Mr. Miera stated he and Chief Anglada visited the site and one of the initial findings was if the Town was in fact going to move any of their operations to that facility some additional improvements would be required to meet the police standards, such as building an evidence room and holding cells. He further added Chief Anglada has already initiated the design of the building with Rohde May Keller McNamara Architecture, who is also the design architect for the Regional Command Center. Mr. Miera stated the architect has been instructed to assess what additions would be needed to the facilities and the costs associated on the improvements to determine a cost analysis on both sites. Mr. Miera stated upon the completion of the cost analysis he would bring his recommendation to Council. Mayor Cordova requested the proposal be submitted to Council within the next thirty days.

Mayor Pro Tem Abeyta stated he would like the Council to consider passing an ordinance that would make it illegal to panhandle. He further stated that there are too many panhandlers within the community.

Mayor Cordova stated an individual proposed an ordinance prohibiting jake braking. He further added many communities have a jake braking ordinance; however, we cannot ban individuals from using their safety mechanism for their trucks.  

Councilmember Silva agreed with the Mayor and stated that jake braking is utilized to assist in slowing down vehicles. He further stated he would not support the prohibition of jake braking; however, would support to ban the removal of mufflers when using jake brakes. 

A discussion ensued regarding the Town’s Nuisance Ordinance.

Councilmember Quintana asked Mr. Miera if he has had an opportunity to evaluate the cost of a marketing/advertising billboard between Santa Fe and Taos which was requested at the April 12^th Council Meeting. Mr. Miera stated the Town is currently in the process of finalizing the marketing contract upon the completion of the RFP process. 

Mayor Pro Tem Abeyta made a motion to go into Executive Session to discuss the following: 1) Pursuant to 1978 NMSA Section 10-15-1.H(2) to discuss limited personnel matters regarding pay increases for the Facilities Services Director, Human Resources Director, Public Affairs and Tourism Director and Assistant Town Manager;  2) Pursuant to NMSA 1978 Section 10-15-1.H(7), meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the Town is a participant, specifically State of New Mexico v. Abeyta, et al., U.S. District Court Case No. 69cv07896 and Spring Ditch v. Town of Taos, Eighth Judicial District Case No. D-820-CV-2010-624; and 3) Pursuant to NMSA 1978 10-15-1-H(6) to discuss sealed proposals for RFP #10-11-15 (Marketing and Advertising Taos).

  Councilmember Silva 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.   

Councilmember Quintana made a motion to approve RFP #10-11-15 for marketing and advertising to Griffin and Associates 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. 

Mayor Cordova congratulated Joan Griffin, Owner and President of Griffin and Associates, and stated he looked forward in working with her.