Meetings
 

AGENDA
July 12, 2011
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. June 14, 2011 Regular Meeting Minutes
B. June 21, 2011 Special Meeting Minutes
7. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
A. Dave Smith
Presentation regarding Taos Roc Pit Disc Golf Course progress and flying disc sports summer camp which was completed on June 26th. Mr. Smith also wants to publicly thank sponsors and supporters and invite the Town to participate in the Disc Golf and Ultimate Frisbee events.
8. PUBLIC HEARINGS
A. William Morris, Planning and Zoning Director
Consideration and approval of Town of Taos Ordinance 11-14; An ordinance annexing approximately two (2) .75+- acre parcels of land and revising the Municipal Boundary of the Town of Taos.  This ordinance amends the Town of Taos Municipal Boundaries to include properties located at 510 Camino Coronado and 517 Camino Cortez in the Hacienda Subdivision.
B. William Morris, Planning and Zoning Director.
Consideration and approval of Town of Taos Ordinance 11-15; An ordinance amending Town of Taos Official Zoning Map with respect to properties located at 510 Camino Coronado and 517 Camino Cortez. This Ordinance changes the zoning of these two (2) .75+- acre parcels of land from County Rural Area to R-2 Single-Family Residential.
9. MATTERS FROM STAFF
A. Daniel Miera, Town Manager
Presentation by Dr. Jeff Mitchell with UNM regarding principal findings of the 2010 Housing Study sponsored by UNM-Taos and the Town of Taos.
B. Amos Torres, Public Utilities Director
Consideration and approval of Resolution 11-40; Accepting the design donation for the water line portion of the Chamisa Road infrastructure improvements from ABM Gonzales, Inc. The design is valued at $12,280.
C. Francisco "French" Espinoza, Public Works Director
Consideration and approval of the Council to allow staff to erect a fence at the south end of Zuni St. The fence will be constructed on public right of way and is intended to deter ATV traffic from using the easement and causing further damage to the adjoining properties.
D. Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval to accept the 2011 Community Development Block Grant No. 11-C-NR-I-01-G-11 from the State of New Mexico Department of Finance and Administration Local Government Division in the amount of $300,000 for Chamisa Road infrastructure improvements including construction of water lines, and authorization for the Mayor to enter into the contract.
10. TOWN MANAGER'S REPORT
11. MATTERS FROM THE MAYOR AND COUNCIL
A. Mayor Pro Tem Appointment
Possible action to be taken to change the mayor pro-tem pursuant to Town of Taos Municipal Code 3.32.040, which allows for the Town Councilors to change the mayor pro-tem at their pleasure at any time.  The recommendation is to appoint Councilmember Michael Silva as Mayor Pro-Tem.
B. NMML Annual Conference Voting Delegate
Designation and appointment of Mayor Darren M. Cordova as the Voting Delegate and ________ as the alternate for the 2011 Annual New Mexico Municipal League Conference.
12. MATTERS AND REPORTS FROM THE MAYOR
13. MATTERS AND REPORTS FROM THE COUNCIL
14. EXECUTIVE SESSION
  Abeyta Settlement
The Council will adjourn to go into Executive Session to discuss threatened or pending litigation in which the Town is or may become a participant regarding the State of NM v. Abeyta (Taos Indian Water Rights litigation case, federal court, implementation).
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
July 12, 2011
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 1:38 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, Michael A. Silva
Councilmember, Amy J. Quintana


Also present were:      
Town Manager, Daniel Miera
Assistant Town Manager, Abigail Adame
Town Clerk, Renee Lucero

Interim Town Attorney, John Clough

Absent/Excused was:
Councilmember, A. Eugene Sanchez

3. PLEDGE OF ALLEGIANCE
  

Mayor Pro Tem Abeyta led the audience in the pledge of allegiance.

4. APPROVAL OF AGENDA
  

Move Item 7.D. to after Matters from the Mayor and Council.

Councilmember Quintana made a motion to approve the Agenda as amended. 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 Silva and Quintana. 

5. APPROVAL OF MINUTES
A. June 14, 2011 Regular Meeting Minutes
 

Mayor Pro Tem Abeyta made a motion to approve the Minutes of June 14, 2011 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 Silva and Quintana. 

B. June 21, 2011 Special Meeting Minutes
 

Councilmember Silva made a motion to approve the Minutes of June 21, 2011 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 Silva and Quintana. 

6. CITIZENS FORUM
A. Dave Smith
 Mr. Smith gave a presentation regarding the progress of the Taos Roc Pit Disc Golf Course and flying disc sports summer camp which was completed on June 26th. Mr. Smith also thanked sponsors and supporters and invited the Town to participate in the Disc Golf and Ultimate Frisbee events.
B. Allison Arney
 
Ms. Arney stated the smell at the treatment plant is getting worse and she cannot enjoy being outside.  She believes disease exists in the smell and the dust.  She would like for the sludge to be removed completely and believes it is unfair that she and her neighbors are subjected to this horrible smell.

Mr. Miera stated the Town plans to take the sludge to Rio Rancho where they accept sludge. He further stated the Town's engineer is working on an application for Taos Regional Landfill to be able to accept sludge the way Rio Rancho accepts it.

Councilmember Silva stated the Town is taking Ms. Arney's concerns seriously and thanked her for her persistence. 

Councilmember Quintana asked if there is a way to alleviate some of the smell at the treatment plant until the issue is resolved permanently.  Amos Torres, Public Utilities Director, stated the Town plans to add a masking agent in an effort to alleviate the smell.  Mayor Cordova directed Mr. Torres to keep this issue a top priority.
C. J. Michael Combs
 
Mr. Combs stated there are no signs at the Youth and Family Center reminding people to turn off the water in the showers. Mr. Combs further stated the current Busker Ordinance prohibits buskers from using amplifiers and explained that amplifiers can be adjusted to be very quiet.  He stated street performers enhance the livability in the downtown area and requested that Council consider allowing the use of amplifiers.
D. Tristan Padilla
 
Mr. Padilla, a youth soccer player, thanked the Mayor and Council for building the Eco Park and stated he really enjoys playing on it.  He further stated he supports the Town building two additional turf fields rather than grass fields because turf fields are easier to play on.

Mayor Cordova stated he is very impressed that this young citizen expressed his views during a Town Council Meeting and thanked Mr. Padilla for his comments.
E. Matthew Spriggs
 
Mr. Spriggs thanked the Mayor and Council for supporting the Arts and Cultural District and providing additional funding for the next year.  He stated the Town will be receiving funding for road improvements and suggested that the Town consider converting Taos Plaza to mainly accommodate walkers, rather than cars.  He also discussed the following topics:  affordable housing, graffiti, the Eco Park, and the Town's Economic Development Plan sunset clause.
F. Francisco "French" Espinoza, Public Works Director
 
Mr. Espinoza stated the Public Works Department will be installing wide speed humps with pedestrian crossing on Carabajal and Dona Luz streets after he has consulted with the Town's emergency responders.

A discussion ensued regard the resolution the Council recently passed wherein the Town requests that Taos County consult with the Town's emergency responders prior to installing any speed humps due to the delay in emergency response time.  Council expressed concern that this resolution was passed in May, 2011 and now the Town is planning to install speed humps.

Councilmember Abeyta asked when the Council approved installation of the speed humps.  Mr. Espinoza stated he did not bring the installation of the speed humps for Council approval because the Speed Hump Policy allows administrative approval.

After discussion, Mayor Cordova directed staff to amend the Speed Hump Policy to require Council approval and also directed Mr. Espinoza to bring any speed hump considerations for Council approval.
7. MATTERS FROM STAFF
A. Daniel Miera, Town Manager
Presentation by Dr. Jeff Mitchell with UNM regarding principal findings of the 2010 Housing Study sponsored by UNM-Taos and the Town of Taos.
 Mr. Mitchell explained the University of New Mexico's Bureau of Business and Economic Research was contracted by UNM Taos and the Town of Taos to conduct an analysis of the housing market in Taos County. 

Mr. Mitchell explained the study indicated that the majority of those in the workforce are unable to afford market-priced housing in Taos County and only about 5% of households employed in Taos County can afford the median price of a market home, which is about $300,000.

Mr. Mitchell further explained the reasons homes are unaffordable are because the demand for housing by seasonal residents drive up property values, supply of land is constrained by state regulations, and because of limited development of services, such as water & sewer.  He emphasized the slowdown in the market is not a cause.

Mr. Mitchell's recommendations for improvements are for the Town and County to collaborate and focus on economic development that emphasizes higher paying jobs which will increase the capacity of workforce and to increase the supply of land availability for residential development. 

Mayor Cordova discussed the challenges Taoseños face when considering purchasing a home and believes many people choose to purchase mobile homes because they are more affordable. 
B. Amos Torres, Public Utilities Director
Consideration and approval of Resolution 11-40; Accepting the design donation for the water line portion of the Chamisa Road infrastructure improvements from ABM Gonzales, Inc. The design is valued at $12,280.
 

Councilmember Silva made a motion to approve Resolution 11-40 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 Silva and Quintana. 

C. Francisco "French" Espinoza, Public Works Director
Consideration and approval of the Council to allow staff to erect a fence at the south end of Zuni St. The fence will be constructed on public right of way and is intended to deter ATV traffic from using the easement and causing further damage to the adjoining properties.
 

Councilmember Quintana made a motion to allow staff to erect a fence at the south end of Zuni St.  Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Silva and Quintana. 

D. Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval to accept the 2011 Community Development Block Grant No. 11-C-NR-I-01-G-11 from the State of New Mexico Department of Finance and Administration Local Government Division in the amount of $300,000 for Chamisa Road infrastructure improvements including construction of water lines, and authorization for the Mayor to enter into the contract.
 

THIS ITEM WAS HEARD AFTER MATTERS FROM MAYOR AND COUNCIL.

Mr. Miera stated the CDBG grant has been awarded; however the Town is still waiting to receive the actual agreement.  He stated staff is requesting that the Council give the Mayor authorization to sign and accept the agreement once staff receives it.

Mayor Cordova stated the agreement was signed last week by state officials and is currently being processed. He commended Miranda Quintana, Grants Administrator, for her excellent follow-up with regard to the CDBG Grant.

Councilmember Quintana made a motion to authorize the Mayor to enter into the grant agreement in the amount of $300,000 or more. Councilmember Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Silva and Quintana. 

8. PUBLIC HEARINGS
A. William Morris, Planning and Zoning Director
Consideration and approval of Town of Taos Ordinance 11-14; An ordinance annexing approximately two (2) .75+- acre parcels of land and revising the Municipal Boundary of the Town of Taos.  This ordinance amends the Town of Taos Municipal Boundaries to include properties located at 510 Camino Coronado and 517 Camino Cortez in the Hacienda Subdivision.
 

Mr. Morris presented Ordinance 11-14 to the Mayor and Council and explained the Town's Planning and Zoning Commission reviewed the proposed annexation and zone designation and recommended approval.

Public Opinion
Mayor Cordova opened the public hearing. 

Zeke Tapia, who owns the property at 510 Camino Coronado, stated he has lived at this residence for nearly 50 years.  He stated the Las Haciendas subdivision, where his property is located, is a County island within the Municipality and there is a septic tank on each property within the subdivision. He stated his decision to request annexation came when his daughter bought the property at 517 Camino Cortez, which is adjacent to the municipal boundary.

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

Mayor Cordova and Mayor Pro Tem Abeyta stated they support annexing Las Haciendas Subdivision in its entirety in the future.

Councilmember Silva made a motion to approve Ordinance 11-14 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 Silva and Quintana. 

B. William Morris, Planning and Zoning Director.
Consideration and approval of Town of Taos Ordinance 11-15; An ordinance amending Town of Taos Official Zoning Map with respect to properties located at 510 Camino Coronado and 517 Camino Cortez. This Ordinance changes the zoning of these two (2) .75+- acre parcels of land from County Rural Area to R-2 Single-Family Residential.
 

Mr. Morris presented Ordinance 11-15 to the Mayor and Council

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 Quintana made a motion to approve Ordinance 11-15 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 Silva and Quintana. 

9. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Mayor Pro Tem Appointment
Possible action to be taken to change the mayor pro-tem pursuant to Town of Taos Municipal Code 3.32.040, which allows for the Town Councilors to change the mayor pro-tem at their pleasure at any time.  The recommendation is to appoint Councilmember Michael Silva as Mayor Pro-Tem.
 

Mayor Pro Tem Abeyta made a motion to approve the appointment of Councilmember Michael Silva as Mayor Pro Tem. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Abeyta, and Councilmembers Silva and Quintana. 

B. NMML Annual Conference Voting Delegate
Designation and appointment of Mayor Darren M. Cordova as the Voting Delegate and ________ as the alternate for the 2011 Annual New Mexico Municipal League Conference.
 

Councilmember Quintana made a motion to approve the designation of Mayor Darren Cordova as the Voting Delegate and Mayor Pro Tem Michael Silva as the alternate for the 2011 New Mexico Municipal League Annual Conference.  Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta and Quintana. 

C. Taos Municipal Schools Easement
 
Mayor Pro Tem Silva inquired about an easement the school needs for new construction.  Mr. Miera stated an agent from Taos Municipal Schools contacted him and stated the school is requesting an easement from the Town off of Lovato Place near Albright Street near the high school in order to build a girls' softball field.  He further stated the Town has agreed to reciprocate the support that the schools have shown the Town and grant the easement should they need it.

Mayor Pro Tem Silva asked if the grant is conditional.  Mr. Miera stated the schools would allow the Town to use not only the recreational fields in accordance with the JPA with the Town, but also their gymnasiums and/or indoor spaces to allow for indoor sports. He further stated this was not a condition with the easement, but a request from the Town. 

Mayor Pro Tem Silva stated if the school needs an easement, it is the Town's duty to allow it.  He also understands there must be some stipulations, but not to the point where it becomes a problem.

Councilmember Abeyta agreed with Mayor Pro Tem Silva and stated he supports granting an easement, but not with conditions.  He further stated the JPA between the Town and Taos Municipal Schools already allows for the use of recreational facilities as well as gymnasiums.

Mr. Miera clarified there were no conditions in considering the grant of easement.
D. Town Code: 5.04.010 Imposition of Business Registration Fee
 
Mayor Cordova referred to 5.04.010 of the Town Code wherein it states "There is imposed on each place of business conducted in this municipality and on those contracts, persons and businesses performing services under a contract for services or professional service contract for the town, a business registration fee of thirty five dollars." Mayor Cordova stated staff is amending several contracts due to this section of the code that that has recently been discovered by the Finance Department and is now being enforced.  He further explained this section requires that all businesses, whether they live in the municipality or not, pay the registration fee if they are under contract with the Town. Mayor Cordova stated he does not believe this requirement is business friendly as businesses are already paying taxes in their own municipalities.

Councilmember Quintana stated she agrees with Mayor Cordova. 

Mr. Miera stated he believes this ordinance was initially adopted as a way to generate revenue for the municipality.

Mayor Cordova directed staff to amend this section of the code so that out of town businesses will not be required to obtain a business registration from the Town in order to conduct business with the Town. 
10. EXECUTIVE SESSION
  Abeyta Settlement
 

Councilmember Abeyta made a motion to go into Executive Session pursuant to NMSA Section 10-15-1.H(7) to discuss threatened or pending litigation in which the Town is or may become a participant regarding the State of NM v. Abeyta (Taos Indian Water Rights litigation case, federal court, implementation).   

Mayor Pro Tem Silva seconded the motion.    The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta and Quintana. 

 

At 5:09 p.m., Mayor Pro Tem Silva 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 Silva, and Councilmembers Abeyta and Quintana. 

11. ADJOURNMENT
  

A motion was made by Mayor Pro Tem Silva and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 5:10 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.