| 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:
Interim Town Manager, Abigail Adame
Town Clerk, Renee Lucero
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Councilmember Abeyta led the audience in the pledge of allegiance.
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Councilmember Abeyta 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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Councilmember Quintana made a motion to approve the Minutes of September 27, 2011 contingent upon the Town Clerk adding information about the Fire Department red tagging High Altitude Athletics' (HAA) use of Don Fernando Hall under Item 11.B. Councilmember Sanchez seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Sanchez, and Quintana. Councilmember Abeyta was not present during the vote.
(NOTE: After the Council Meeting, the Town Clerk reviewed the DVD and listened to the discussion mentioned by Councilmember Quintana; however, no discussion took place regarding the Fire Department red tagging HAA's use of Don Fernando Hall. Therefore, the minutes were not amended.) |
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Councilmember Quintana made a motion to approve the Minutes of September 27, 2011 5:30 p.m. Special Meeting 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 Sanchez, and Quintana.
Councilmember Abeyta was not present during the vote.
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Mayor Pro Tem Silva made a motion to approve the Minutes of September 27, 2011 6:00 p.m. Special Meeting 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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Councilmember Quintana made a motion to approve the Minutes of September 29, 2011 Special Meeting 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.
Mayor Cordova reminded the Council to inform the Town Clerk during the Council Meeting if they want their comments to be part of the record.
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| 6. AWARDS AND RECOGNITIONS
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| | Mayor Cordova presented certificate of achievement recognizing Cathy Connelly, Public Affairs & Tourism Director for receiving her Masters in Business Administration from the University of New Mexico Anderson School of Management. He stated Ms. Connelly received a 4.0 GPA. |
| | Mayor Cordova presented a certificate of recognition to Carl Colonius, Rocky Mountain Youth Corps Executive Director, for his service to the Taos community and youth. He thanked Mr. Colonius for the countless hours he has devoted to the community. |
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Mr. Smith, with Taos Disc Golf Course, stated he is in the process of obtaining insurance and requested a dumpster and a porta-potty from the Town. In addition, he requested that a barbed wire fence be taken down at the disc golf course location (which is located at Salazar Road and Chamisa Road).
Mayor Cordova asked Mr. Smith to meet with Abigail Adame, Interim Town Manager, so that she can ensure all proper procedures are followed.
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Mr. Northrup requested that the Animal Control Ordinance makes it illegal to chain dogs. He also stated the Town should not have supported High Altitude Athletics by renting them space at Don Fernando Hall when Taos Gymnastics Academy also needed support.
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| | Mr. Morris stated the Town has had three affordable housing programs for several years, including Chamisa Verde, Artspace, and the earthships; however, the affordable housing needs of the Town are not being met. Consequently, he is asking for direction from Council to establish priorities for the projects.
Mr. Morris continued with his presentation detailing the status of each of the programs, as well as what is needed in order to move forward with each program.
A lengthy discussion ensued regarding the benefit of each program to the community.
After discussion, Mayor Cordova stated the direction of the Council is to move forward with Artspace, provided that there is funding available; and to continue with Chamisa Verde and develop the RFP for the disposition of the unplatted 20 acres (or less). Mayor Cordova directed Mr. Morris to bring back a complete proposal at a later date. |
| A.
| William Morris, AICP, Planning, Zoning and Buildings Director
Consideration and approval of Ordinance 11-19 - Animal Control Ordinance; An ordinance that establishes regulations, requirements and procedures for the care and control of animals in the Town of Taos and Taos County; and repealing Title 6 of the Taos Municipal code and replacing it with this new ordinance where violators will receive penalties when violations occur. (This item was continued from the September 27, 2011 Regular Council Meeting) | |
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Mr. Morris presented Ordinance 11-19 to the Mayor and Council and stated the purpose of the ordinance is to establish regulations, requirements and procedures for the care and control of animals in the Town of Taos. He further stated the ordinance also addresses penalties for violators when violations occur.
Public Opinion
Mayor Cordova opened the public hearing.
*Carla O'neal was sworn in and stated several items in the ordinance must be addressed before it is approved. She believes the proposed ordinance does not improve the quality of life for a dog that lives in her neighborhood and is tied to a trolley system twenty-four hours per day in all types of weather. She further believes there are several solutions that address this dog's needs such as taking it for walks, bringing it indoors or building a fence. In this case she thinks the dog needs to be protected from the owner. Additionally, she stated the proposed penalties are more punitive for owners who let their dogs run at large rather than for owners who neglect or abuse their dogs.
Mayor Pro Tem Silva referred to 4.3.c. Care and Maintenance/Shelter, and recommended including the language "freezing conditions" to adverse effects of weather that could be detrimental to the health of the animal.
Furthermore, Mayor Pro Tem Silva referred to 4.4 Restraining of Animals and recommended adding 8) During winter weather conditions, animals should be kept in a warm shelter.
*Jeff Northrup was sworn in and began reading a report regarding dog chaining and how tethered dogs are deprived of social contact. He stated it is a cruel means for controlling dogs. The report indicated that the Department of Agriculture's position is that tethering a dog is inhumane. Mr. Northrup recommended incorporating language into the ordinance indicating that all animals shall have access to a shelter to protect them from all elements of the weather and the shelter shall be built according to the species of the animal.
*Penny Wardlow was sworn in and thanked the Mayor and Council for considering adoption of the Animal Control Ordinance. She stated she agrees with Ms. O'neal and reiterated how important it is for animals to have access to exercise.
Mr. Morris clarified 4.4.4)k) indicates that direct point chaining, or tethering of dogs to a stationary object is prohibited.
*Trish Hernandez was sworn in and stated she knows hundreds of dogs who are tethered and chained. She further stated the section of the code that Mr. Morris referred to must be enforceable. She suggested using funds from citations to assist citizens with fencing. Furthermore, Ms. Hernandez stated the ordinance must be written clearly so that the Animal Control Officer will not have to try to interpret the code. She also expressed her concern about the word "vermin" and stated nobody should be killing prairie dogs because coyotes will then prey after other animals.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Mayor Cordova stated it is sad to hear about the atrocious conditions some animals live in. He believes it is common sense that pet owners take care of their pets. He also stated he gets calls about dogs who are disturbing the peace by barking too much. He stated the ordinance is unclear on how to determine whether an animal is disturbing the peace.
Mr. Morris stated he can take Mayor Cordova's concerns and Mayor Pro Tem Silva's recommendations back to the committee for evaluation.
Mayor Cordova stated there are members in the audience who are passionate about animals and perhaps the committee should be expanded.
Councilmember Quintana referred to 5.6.A. Cruelty to Animals and recommended adding the word "immediately" as follows: When a law enforcement officer of animal control officer has probable cause to believe that an animal has been cruelly treated, the officer may immediately impound the animal for its protection pending appropriate court proceedings.
Councilmember Abeyta stated this ordinance is a step in the right direction; however, he believes the penalty fees are too stringent for a high-cost community such as Taos. He further stated he also wants to be assured that the Town is not violating owners property rights. He does support a fair enforceable ordinance.
Councilmember Sanchez emphasized the ordinance must be enforced. He stated it does no good to pass an ordinance if it is not enforced.
A lengthy discussion ensued regarding the proposed ordinance with regards to the legalities of the ordinance, dog-chaining, and addressing animal abuse.
Councilmember Quintana made a motion to continue Ordinance 11-19 to the November 8, 2011 Regular Council Meeting at 1:30 p.m. at the Town Council Chambers to allow further staff, committee and legal review of the ordinance. 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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| 10. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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| A.
| Councilmember Quintana
Update on request for funding from Rocky Mountain Youth Corps (RMYC) in the amount of $20,000.00. | |
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Mayor Cordova stated this item was presented to Council in July, 2011 and Council requested staff evaluation of the proposal including legal review and determining whether there is money in the budget.
Ms. Adame stated the Town would be in violation of procurement if the proposal was funded, unless RMYC adjusts their proposal to fit within the requirements of the Local Economic Development Act (LEDA). Ms. Adame further stated the Town may also fund the proposal for $20,000 or more if there is a formal advertised solicitation of bids. In addition, she stated if the proposal is funded for under $20,000 there would need to be three written solicitations.
Carl Colonius, RYMC Executive Director, stated RMYC has been providing an after school program for 16 years and emphasized how important the program is since RMYC is the only entity that provides the program on a consistent basis. Unfortunately, he stated, the program is at risk of closing. Furthermore, he believes the program fits perfectly with LEDA as they pay their workers to conduct the program. In addition, RMYC is already providing $120,000 in grant funds and are only asking for $20,000 for leverage. He reminded the Council that he requested the funding in the amount of $50,000 in March, while the 2011-2012 budget was being prepared, then again in July after decreasing the request to $20,000.
A discussion ensued regarding whether the after school program can be considered an economic development project and whether $20,000 can be allocated in the budget. In addition, the Council discussed the importance of the program.
Mayor Cordova directed staff to allocate $20,000 for the program and determine the best way to move to move forward quickly while not violating the anti-donation clause, and complying with procurement (and LEDA if it is legal to go that route). He also directed staff to evaluate whether the program can be determined sole source.
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Mayor Pro Tem Silva made a motion to continue Resolution 11-58 to the November 8, 2011 Regular Council Meeting at 1:30 p.m. at the Town Council Chambers. 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 Cordova stated he has been meeting with Lone Mountain Contractors regarding legal issues with the Eco Park and options are being determined. He directed the Council to contact the Interim Town Manager if they have any questions.
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| D.
| Update on Hiring of Town Attorney | |
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Mayor Cordova stated the committee made a recommendation, but when he called the applicant to make an offer, the applicant informed him that she had already accepted another position. He directed staff to keep the position open until it is filled.
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| E.
| Update on Hiring of Town Manager | |
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Councilmember Sanchez asked for an update in regards to the hiring of the Town Manager. Mayor Cordova stated the posting of the Town Manager's position will take place on October 15, 2011.
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| F.
| High Altitude Athletics (HAA) | |
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Councilmember Sanchez asked why the Halloween event has been cancelled and if it is because HAA is using Don Fernando Hall. Mayor Cordova clarified DMC Broadcasting is not funding the event due to lack of sponsorships and it has nothing to do with HAA's use of Don Fernando Hall.
Councilmember Sanchez asked if HAA has met all requirements for obtaining special insurance. Ms. Adame stated she is still waiting to hear from Risk Management.
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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 4:26 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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