| 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 1:36 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, Michael A. Silva
Councilmember, Rudy C. Abeyta
Councilmember, A. Eugene Sanchez
Councilmember, Amy J. Quintana
Also present were:
Town Manager, Daniel Miera
Town Clerk, Renee Lucero
Interim Town Attorney, John Clough
Absent/excused was:
Assistant Town Manager, Abigail Adame
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Councilmember Quintana led the audience in the pledge of allegiance.
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Mayor Pro Tem Silva made a motion to approve the Agenda as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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Mayor Pro Tem Silva made a motion to approve the Minutes of June 28, 2011 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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Mr. Northrup referred to a letter from William Morris, Planning and Zoning Director, regarding picketing. He stated Mr. Morris requested that he use only handheld signs when picketing. Mr. Northrup requested that Mr. Morris consult with Rachel Romero, Town Code Enforcement Officer, or John Clough, Interim Town Attorney, regarding his picketing. In addition, Mr. Northrup spoke about fireworks at DMC's radio anniversary party, the Town illegally providing funds for the Taos Fiestas, the Mayor being paid to perform at the Taos Fiestas, and dog chaining. He also stated the Town has reduced manpower in the last three years but salary expenditures have remained the same, according a copy of the budget he received on June 28, 2011 at the Town Council Meeting.
Mayor Cordova stated, for the record, he does not get paid to perform at the Taos Fiestas.
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Mr. Spriggs stated at the last Town Council Meeting, the Council funded $20,000 for Taos Gymnastics Academy and today another item is on the agenda for High Altitude Athletics, a new gymnastics program. He stated he does not believe the Town should get involved in the competition of gymnastics programs and urged the Council to do an economic analysis before contracting with either entity to ensure that the Town receives the best economic impact.
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Mayor Pro Tem Silva stated, as a constituent, he is expressing his disappointment that there was not more participation from the governing body during the Taos Fiesta events and believes the relationship between the governing body members should be evaluated.
A lengthy discussion ensued regarding the governing body members' relations and how problems need to be addressed.
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| A.
| Amos Torres, Public Utilities Director
Consideration and approval of Contract No. TT-12-45 with SKM Inc. for the programming of the controls for the new expansion of the Taos Valley Regional Wastewater Treatment Plant in the amount of $53,800 plus NMGRT for a total of $57,633.25. SKM Inc. is the electrical engineer for the design. There are several separate vendors that supplied equipment that needs to be integrated to one central location. This task is best accomplished by the design group. This has been determined a sole source. | |
| B.
| John Clough, Interim Town Attorney
Consideration and approval of Resolution 11-42; Waiver of employee or immediate family member contracting with the Town of Taos. This waiver would permit the Town to carry out Municipal Judge Richard Chavez' request to hire Jim Fambro, husband of Finance Director Marietta Fambro, to serve as alternate judge in cases where Judge Chavez has conflict or is unavailable to hear the case. The proposed contract is for a maximum of $1,000; paying $50 per case for up to 2 hours on the case and $25 per hour thereafter. Judge Chavez has determined that this would serve the best interest of the Judicial Department of the Town of Taos. | |
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| Marietta Fambro, Finance Director (with Carol Valade, Fixed Assets Clerk
Consideration and approval of Resolution 11-41; Approving the disposition of obsolete brass canisters and vaults, 2003 Ford bus, chairs, glass sorter, used air conditioning units, and steel drums owned by the Town of Taos. The items of property identified will be auctioned and if not successfully sold will be disposed at the landfill and have a current resale value of $2,500 or less. | |
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Items 7.A. and 7.B. were removed from the consent agenda. Mayor Pro Tem Silva 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 Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
Item 7.A.
Councilmember Sanchez asked if the contract with SKM Inc. is outside of the original budget and when will the project be complete. Mr. Torres stated the contract is outside the original scope of work and explained this is for the electrical engineer for the programming of the electrical components. He also stated the substantial completion date is the middle of September, 2011, which will bring the project to working condition. He further stated the final completion will be in October, 2011.
Councilmember Sanchez made a motion to approve Contract No. TT-12-45 with SKM Inc. as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
Item 7.B.
Mayor Cordova stated he will allow for public comment in regards to Resolution 11-42.
Jeff Northrup stated he believes Mr. Fambro is a fair man; however, he thinks that his and his wife's close ties to the Town will make it hard for him to make fair decisions. He has great respect for Mr. Fambro, but he thinks it's wrong to allow him to serve as the alternate judge.
Mr. Sanchez stated the Town often gives jobs to individuals who are related to Town employees. He further stated Mr. Fambro is still involved with the Fire Department.
Mayor Cordova clarified that the decision to appoint the alternate judge is solely the Municipal Judge's decision. This item is on the agenda only to approve the waiver to pay Mr. Fambro with Town funds. Furthermore, he stated he has full confidence in Mr. Fambro and Judge Chavez to uphold the Municipal Judge's Office with integrity and to the best of their ability.
Councilmember Abeyta made a motion to approve Resolution 11-42 as presented. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana. |
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Ms. Steen stated the Taos Chile Chowdown Festival has been scheduled for October 8, 2011 at Taos Plaza. She explained there will be three cooking contests; a green chile cheeseburger contest, a frito pie contest, and a hot sauce contest. Furthermore, she stated proceeds will go toward summer programs for children.
Mayor Cordova thanked Ms. Steen for coordinating this festival and stated he believes this event will attract many visitors to Taos.
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| B.
| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval of Resolution 11-43; Accepting Grant Agreement No. 3-35-0041-023-2011 from the Federal Aviation Administration in the amount of $168,420 (95%) and Grant Agreement No. SKX-11-02 from the New Mexico Department of Transportation Aviation Division in the amount of $4,471 (2.5%) for Pavement Maintenance on Runway 4/22 (75' x 5,200'), Asphalt Shoulders on Runway, Blast Pads and East Hangar Area. The Town match for these grants will be $4,472 (2.5%). The total project cost will be $177,363.The next five resolutions are presented on an annual basis in accordance with CDBG Guidelines. | |
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Mayor Pro Tem Silva made a motion to approve Resolution 11-43 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval of Resolution 11-35 to re-adopt the Fair Housing Plan in accordance with the Fair Housing Act, making known the Town of Taos' commitment to the principle of fair housing, and describing action it shall undertake to affirmatively further fair housing. This Resolution will replace Resolution 10-41. | |
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Councilmember Abeyta made a motion to approve Resolution 11-35 as presented. Councilmember Quintana seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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| D.
| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval of Resolution 11-36 to re-adopt the Citizen Participation Plan, encouraging citizen participation within the community by providing citizens with reasonable and timely access to local public meetings, information and records relating to the proposed and actual use of CDBG and other funds. This Resolution will replace Resolution 10-42. | |
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Mayor Pro Tem Silva made a motion to approve Resolution 11-36 as presented. Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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| E.
| Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval of Resolution 11-37 to re-adopt the Residential Anti-Displacement and Relocation Assistance Plan, providing replacement units, relocation assistance, and minimizing displacement should the Town of Taos cause displacement as a direct result of demolition or conversion of lower-income dwellings. This Resolution will replace Resolution 10-43. | |
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Councilmember Quintana made a motion to approve Resolution 11-37 as presented. Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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Mayor Pro Tem Silva made a motion to approve Resolution 11-38 as presented. Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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Councilmember Quintana made a motion to approve Resolution 11-39 as presented. Mayor Pro Tem Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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| A.
| Matthew Foster, Long Range Planner
Consideration of Ordinance 11-04. This ordinance amends the Land Use Development Code for the purposes of allowing additional architectural styles for new construction in the Historic Overlay Zone; authorizing the Historic Preservation Commission to make a final decision on applications for a Certificate of Appropriateness; giving discretionary authority to the Historic Preservation Commission to approve an application for a Certificate of Appropriateness; clarifying the definition of a “Contributing Property”; defining the term “Streetscape” and establishing development standards for new construction within a streetscape; amending the standards for the preservation of Contributing Properties; amending the requirements for permitting the demolition of structures. | |
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Mr. Foster presented Ordinance 11-04 to the Mayor and Council and stated the proposed ordinance addresses several restrictions with regard to new construction in the Historic Overlay Zone. Furthermore, he stated the proposed ordinance defines the roles of the Historic Preservation Commission.
Mayor Cordova stated he appreciates that the proposed ordinance is more flexible to allow individuals to remodel buildings that are within the historic district.
Public Opinion
Mayor Cordova opened the public hearing. No one came forward.
Matthew Spriggs, former Town of Taos Community and Economic Development Director, was sworn in and stated the proposed ordinance has come a long way. He stated there is a great deal of variety of architecture in the community and believes the new guidelines will be very beneficial.
Oscar Palacios, Historic Preservation Commissioner and local architect, was sworn in and stated he is pleased that the proposed ordinance will outline the roles of the Historic Preservation Commission as they currently have no authority.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Mayor Pro Tem Silva asked Mr. Foster to clarify the definition of "Demolition" as opposed to "Reconstruction". Mr. Foster stated he believes the definition of "Demolition" is to completely remove a structure and the definition of "Reconstruction" is to replace a structure.
A discussion ensued regarding the residency requirements of members of the Planning and Zoning Commission and Historic Preservation Commission.
Mayor Cordova recommended including verbiage indicating that five of the members appointed to the Planning and Zoning Commission shall be residents of the town and two may be at large.
Mayor Pro Tem Silva requested that the Mayor appoint the members with the formal consent of the Council.
Councilmember Quintana made a motion to approve Ordinance 11-04 as amended. Mayor Pro Tem Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
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| 10. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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Councilmember Sanchez asked Mayor Cordova why he went to Kit Carson Electric's Annual Meeting to express that the Town supports dispatch moving into the command center when the full Council does not support this. He also asked why the Mayor made the same comments to the Public Regulation Commission (PRC). He believes the Mayor incorrectly stated he had three votes on the issue and he didn't.
Mayor Cordova stated Councilmember Sanchez is mistaken and clarified his comments to Kit Carson Electric and the PRC were that the Council recently directed the Town Manager to work with the CEO of Kit Carson Electric to negotiate an agreement. He further stated he is confident that the negotiations will result in a situation that will work for Kit Carson Electric, their membership, the Town and most importantly the constituents as it relates to public health, safety and welfare. He further stated he believes he had every right to make those statements as he represents the Council on a daily basis.
A lengthy discussion ensued as to whether the Town should continue negotiations with Kit Carson Electric, considering that relationships between the governing body members is "dysfunctional", as was quoted by several governing body members. Mayor Cordova stated he received a proposal from Kit Carson Electric and will share it with the Council at the next Council meeting.
Councilmember Sanchez stated he would like for Council to take action at the next Council meeting to delete $6,600 from the budget for the Mayor's car allowance and $6,000 for the Mother's Day Celebration.
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Carl Colonius, Rocky Mountain Youth Corps (RMYC) Executive Director, requested financial support from the Town of Taos for the After School Program.
Mayor Cordova stated the internal policy is that any proposal from the public needs to go through staff and legal review prior to the Council meeting. He asked if the proposal had been legally reviewed. Mr. Clough stated he had not reviewed the proposal.
The Council directed staff evaluation of the proposal to include legal review and identifying where the money will come from.
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| High Altitude Athletics
Discussion and possible approval for the Town of Taos to Lease Don Fernando Hall to High Altitude Athletics, a new gymnastics/cheer/hip hop program serving the residents of Taos County. | |
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Debbie Friday Jaggers, High Altitude Athletics (HAA) Board of Director, explained HAA is a new gymnastics/cheer/hip hop program which will serve the residents of Taos. She presented a proposal requesting authorization for HAA to lease Don Fernando Hall for one year. Mayor Cordova asked if the Town can enter into a short-term lease until a formal lease has been evaluated and an appraisal of the building has been completed. He stated the formal lease would need to be adopted by ordinance during a public hearing. A lengthy discussion ensued regarding determination of the rent and utility usage. Councilmember Abeyta made a motion to enter into a short-term lease with High Altitude Athletics, complying with state laws, with the intent that a long-term lease and ordinance will be considered after legal review. Mayor Pro Tem Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana. |
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| Councilmember Quintana (Taos Local Television Contract) | |
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Councilmember Quintana inquired about the contract with Taos Local Television and their payment for June, 2011 services. Mr. Miera stated he will follow-up with staff and inform her of the status of the contract and payment.
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| E.
| Councilmember Quintana (Budget Item) | |
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Councilmember Quintana stated the Mayor is authorized to sign contracts under $50,000. She would like Council to revisit this policy and amend it at the next Council meeting.
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Mayor Pro Tem Silva requested an update regarding the selection of a Town Attorney. Mayor Cordova stated he and staff are ready to make a formal offer to an attorney. He further added he will bring a recommendation for appointment at the next Council meeting.
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| Councilmember A. Eugene Sanchez | |
| | Councilmember Sanchez stated he would like an additional budget item added to the next Council agenda for consideration. He is requesting the allocation of $11,000 for KTAO and $22,000 for DMC be reduced to $5,000 between the two businesses for special announcements.
Furthermore, Councilmember Sanchez requested that the Town contact Randy Van Vleck, New Mexico Municipal League Legal Counsel, to provide training to the Town's governing body to define the roles and authority of the Mayor and Councilmembers.
Mayor Cordova stated staff has contacted Mr. Van Vleck and he will not provide training unless every member of the governing body attends. He stated he does not support having the training as he attends all the Municipal League trainings and he understands his role as Mayor. He asked if all Councilmembers will attend the training if it is scheduled. Mayor Pro Tem Silva, Councilmember Sanchez and Councilmember Quintana stated they will attend and Councilmember Abeyta stated he will not attend.
Loretta Trujillo, Human Resources Director, confirmed that Mr. Van Vleck will not provide the training without the entire governing body in attendance. |
| H.
| Executive Session
The Council will adjourn to go into Executive Session to discuss limited personnel matters regarding the Town Manager pursuant to NMSA 1978 10-15-1-H.2. | |
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Mayor Pro Tem Silva made a motion to go into Executive Session to discuss limited personnel matters regarding the Town Manager pursuant to NMSA 1978 10-15-1-H.2.
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ouncilmember Abeyta seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Sanchez, and Quintana.
At 6:10 p.m., Councilmember 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. 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, Sanchez, and Quintana.
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| I.
| Possible Action
Possible action to be taken regarding the Town Manager's Separation Agreement. | |
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Councilmember Abeyta made a motion to accept the Town Manager's Separation Agreement as amended. Mayor Pro Tem Silva seconded the motion.
Mayor Pro Tem Silva stated the Town of Taos has come to an impasse and it is now time to move on. He wished Mr. Miera success in whatever he pursues. He further stated he enjoyed working with Mr. Miera and supports him and his decision to resign.
Councilmembers Abeyta, Sanchez and Quintana wished Mr. Miera luck in his future endeavors.
Mr. Miera stated he enjoyed his employment with the Town and he will continue being an active member of the community. He thanked the Mayor and Council for the opportunity to serve as the Town Manager and stated he enjoyed working with the employees and members of the community.
Mayor Cordova stated, although there has been tension between him and Mr. Miera, there were also many positive moments. He further stated Mr. Miera has demonstrated that he has the community's interest at heart and wishes him the best of luck.
The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, and Quintana. Voting NAY was: Councilmember Sanchez.
A discussion ensued regarding the search for a new Town Manager. The Council expressed they want the search to begin immediately.
In closing, Mayor Cordova stated, in order to benefit the members of the community, all governing body members need to assume responsibility in operating the best government they can and not let negative discussions take place in public meetings. He further stated the governing body must improve their relations as they have a responsibility to the public.
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A motion was made by
Councilmember Abeyta and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 6:21 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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