Meetings
 

AGENDA
November 8, 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. October 11, 2011 Regular Meeting Minutes
B. October 18, 2011 Special Meeting Minutes
7. AWARDS AND RECOGNITIONS
A. Certificate of Achievement for Eden Ratigan
Mayor Cordova will present Eden Ratigan with a certificate of achievement recognizing her for receiving the 2011 New Mexico Hey Mozart Award. 
B. Certificate of Achievement for Rachel Romero, Code Enforcement Official
Mayor Cordova will present Rachel Romero, Code Enforcement Official of the Town of Taos with a certificate of achievement for receiving her Home Energy Rater Certification.
8. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
9. PUBLIC HEARINGS
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 and October 11, 2011 Regular Council Meetings)
10. MATTERS FROM STAFF
A. Marietta Fambro, Finance Director
Consideration and approval of Sub-Grantee Agreement Number FEMA-1962-039 with the New Mexico Department of Homeland Security and Emergency Management (DHSEM) in the amount $91,343.91, Federal Share - $68,507.93, State Share - $11,417.99 and the Town's Share - $11,417.99, and authorization for the Mayor to enter into a sub-grantee agreement.  This grant is for reimbursement to the Town for the expenses associated with the natural gas outage due to excessive demand caused by extremely cold temperatures in February of 2011.
B. Amos Torres, Public Utilities Director

Consideration and approval to award Bid No. 11-12-05 for CDBG Project 11-C-NR-I-01-G-11 Chamisa Road Infrastructure Improvements Phase 1 to Garcia Underground, Inc. in the amount of $356,249.50 plus Gross Receipts Tax for base bid and additive alternates 1 and 2, contingent upon New Mexico Department of Finance and Administration Local Government Division. Contract is for the completion and looping of water line along Chamisa and Este Es Extension Roads and sewer lines along Este Es Extension. This project was previously awarded, contingent upon New Mexico Department of Finance and Administration Local Government Division approval to Vigil’s Asphalt and Gravel and Valle Bonito Construction Joint Venture; however, the Joint Venture did not timely meet the approval requirements of the Labor Enforcement Fund/Department of Workforce Solutions, thus, it will not be approved by DFA.

C. Marietta Fambro, Finance Director
Consideration and approval of Resolution 11-65; Budget Adjustment Request: 1) Water Rights Fund (64) - Decrease unreserved fund balance in the amount of $21,600 and increase interfund transfer out to (Fund 81) to cover the total amount needed to award Chamisa Road Water/Sewer project to the second low bidder, base bid and additive alternates 1 & 2.  This amount will cover a portion of the construction for water services on this project along with the previous Resolution 11-56 for $42,000.  2) Utility Improvements Fund (81) - Increase interfund transfer in from (Fund 64) and Capital Outlay (81-85) to cover the total amount need to award Chamisa Road Water/Sewer project to the second bidder, base bid and additive alternates 1 & 2.  This amount will cover a portion of the construction for water services on this project.
11. TOWN MANAGER'S REPORT
12. MATTERS FROM THE MAYOR AND COUNCIL
A. William Morris, AICP, Planning, Zoning and Buildings Director
Consideration and approval of Resolution 11-58, Fee Schedule for the Proposed Animal Control Ordinance (Ordinance 11-19). (This item was continued from the October 11, 2011 Regular Council Meeting)
13. MATTERS AND REPORTS FROM THE MAYOR
14. MATTERS AND REPORTS FROM THE COUNCIL
15. EXECUTIVE SESSION
  Executive Session
The Council will adjourn to go into Executive Session to discuss pending or threatened litigation regarding Taos Eco Park pursuant to NMSA Section 10-15-1.H(7).
16. 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
November 8, 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 1:35 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, 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

3. PLEDGE OF ALLEGIANCE
  

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

4. APPROVAL OF AGENDA
  

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. 

5. APPROVAL OF MINUTES
A. October 11, 2011 Regular Meeting Minutes
 

Councilmember Abeyta made a motion to approve the Minutes of October 11, 2011 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. 

B. October 18, 2011 Special Meeting Minutes
 

Mayor Pro Tem Silva made a motion to approve the Minutes of October 18, 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. 

6. AWARDS AND RECOGNITIONS
A. Certificate of Achievement for Rachel Romero, Code Enforcement Official
Mayor Cordova presented Rachel Romero, Code Enforcement Official of the Town of Taos with a certificate of achievement for receiving her Home Energy Rater Certification.
 
Mayor Cordova commended Ms. Romero for her continued commitment to the Town of Taos.
B. Certificate of Achievement for Eden Ratigan
Mayor Cordova presented Eden Ratigan with a certificate of achievement recognizing her for receiving the 2011 New Mexico Hey Mozart Award. 
 
Mayor Cordova stated Eden has been composing music since she was five years old and was one of sixteen musicians chosen to perform at the Hispanic Cultural Center.
7. CITIZENS FORUM
A. Jeff Northrup
 
Mr. Northrup discussed offensive comments that have recently been made about him by Town officials.  In addition, he asked Mayor Pro Tem Silva to disclose his financial connections with Kit Carson Electric's broadband project.

Mayor Pro Tem Silva stated, to date, he has no financial connections with Kit Carson Electric.  He further stated he appreciates Mr. Northrup trying to keep government transparent; however, some of his comments are false.

Mayor Cordova stated Mr. Northrup continues with his false allegations and further stated in the future the Citizens Forum will be used only for constructive dialogue.  Moreover, he stated he will meet with Mr. Northrup to address any of his concerns at any time; however, using the Citizens Forum as Mr. Northrup does must stop.
B. Evelyn Anaya
 
Ms. Anaya stated she has been going to the Free Box for many years.  She does see how situations at the Free Box are bad; however, there is also a lot of good in it.  Furthermore, she stated many entities benefit from the Free Box such as the animal shelter, the homeless shelter, and the Living Center.  She believes the downturn in the economy has left people desperate and many rely on the Free Box.

Mayor Cordova thanked Ms. Anaya for her comments and stated the Town may need to collaborate with other entities to keep the Free Box open.
C. Steve Fuhlendorf
 
Mr. Fuhlendorf stated he is doing public relations and marketing for Kit Carson Electric Coop and updated the Mayor and Council on the Coop's broadband projected.  He stated Kit Carson Electric is excited that they will employ many locals during the course of the project with very good wages.
D. Melissa Larson
 
Ms. Larson, with Wholly Rags, stated it is unfortunate she was not notified regarding the closing of the Free Box. She asked that a meeting be scheduled to discuss solutions.

Mayor Cordova explained that one of the main concerns is that the Town will have to hire an additional employee to assist with the growing demands of the Free Box.  He asked Ms. Larson to schedule a meeting with the Interim Town Manager to discuss solutions.

Mayor Pro Tem Silva added there are also safety concerns that must be addressed.

Ms. Larson stated she would like to be on the team that helps find solutions to improve the operations at the Free Box.
E. Councilmember Sanchez
 
Councilmember Sanchez stated he would like to comment on items discussed under Citizens Forum.  He stated he does not believe Mr. Northrup is disliked as much as others may lead him to believe and he understands that Mr. Northrup is trying to exercise his constitutional rights. He also believes the Town does not need to close the Free Box; just improve its operations.  Furthermore, he asked Mayor Pro Tem Silva if he is storing conduit on his property for Kit Carson Electric's Broadband Project.

Mayor Pro Tem Silva stated if Councilmember Sanchez needs to know anything he can contact him and visit his property as he does not believe this meeting is the time or the place for this discussion. In addition, Mayor Pro Tem Silva clarified the materials that Kit Carson Electric placed on his property is for another project.  He stated he respects Councilmember Sanchez and asked for the same respect.

Councilmember Sanchez stated he is always prepared to answer any questions in public.
8. MATTERS FROM STAFF
A. Marietta Fambro, Finance Director
Consideration and approval of Sub-Grantee Agreement Number FEMA-1962-039 with the New Mexico Department of Homeland Security and Emergency Management (DHSEM) in the amount $91,343.91, Federal Share - $68,507.93, State Share - $11,417.99 and the Town's Share - $11,417.99, and authorization for the Mayor to enter into a sub-grantee agreement.  This grant is for reimbursement to the Town for the expenses associated with the natural gas outage due to excessive demand caused by extremely cold temperatures in February of 2011.
 

Councilmember Quintana made a motion to approve Sub-Grantee Agreement Number FEMA-1962-039 with the New Mexico Department of Homeland Security and Emergency Management (DHSEM) 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. 

B. Amos Torres, Public Utilities Director
Consideration and approval to award Bid No. 11-12-05 for CDBG Project 11-C-NR-I-01-G-11 Chamisa Road Infrastructure Improvements Phase 1 to Garcia Underground, Inc. in the amount of $356,249.50 plus Gross Receipts Tax for base bid and additive alternates 1 and 2, contingent upon New Mexico Department of Finance and Administration (DFA) Local Government Division. Contract is for the completion and looping of water line along Chamisa and Este Es Extension Roads and sewer lines along Este Es Extension. This project was previously awarded, contingent upon New Mexico Department of Finance and Administration Local Government Division approval to Vigil’s Asphalt and Gravel and Valle Bonito Construction Joint Venture; however, the Joint Venture did not timely meet the approval requirements of the Labor Enforcement Fund/Department of Workforce Solutions, thus, it will not be approved by DFA.
 

Miranda Quintana, Grants Administrator, stated DFA has approved the second lowest bidder, Garcia Underground, Inc., and the contractor can begin work on Monday, November 14, 2011.  She further stated construction will be complete by December 31, 2011; in time to apply for additional CDBG funds.

Councilmember Abeyta made a motion to award Bid No. 11-12-05 for CDBG Project 11-C-NR-I-01-G-11 Chamisa Road Infrastructure Improvements Phase 1 to Garcia Underground, 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. 

C. Marietta Fambro, Finance Director
Consideration and approval of Resolution 11-65; Budget Adjustment Request: 1) Water Rights Fund (64) - Decrease unreserved fund balance in the amount of $21,600 and increase interfund transfer out to (Fund 81) to cover the total amount needed to award Chamisa Road Water/Sewer project to the second low bidder, base bid and additive alternates 1 & 2.  This amount will cover a portion of the construction for water services on this project along with the previous Resolution 11-56 for $42,000.  2) Utility Improvements Fund (81) - Increase interfund transfer in from (Fund 64) and Capital Outlay (81-85) to cover the total amount need to award Chamisa Road Water/Sewer project to the second bidder, base bid and additive alternates 1 & 2.  This amount will cover a portion of the construction for water services on this project.
 

Mayor Pro Tem Silva made a motion to approve Resolution 11-65 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. 

9. PUBLIC HEARINGS
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 and October 11, 2011 Regular Council Meetings)
 

Mr. Morris presented Ordinance 11-19 and reviewed changes that were proposed during the last Public Hearing on October 11, 2011.  In addition, he recommended changing the last sentence under Section 4.4.B. to: Voice command is not an acceptable form of control, except in areas specifically designated by the Town.

Public Opinion
Mayor Cordova opened the public hearing. 

Trish Hernandez was sworn in and stated when the temperature drops, she believes it is important to enforce citizens to transfer their animals to a warm enclosed area, such as a garage or porch, if they do not want to bring the animal inside the house.

Penny Wardlow was sworn in and asked if there would be fines for cruelty or neglect toward animals.  Mayor Cordova stated fines are addressed in Resolution 11-58 which is the next item on the agenda.

Carla O'Neal was sworn in and stated she is concerned about the situation in her neighborhood in which a dog is neglected.  She stated the dog broke loose two weeks ago and was running on the street and was visibly malnourished.  She asked if Section 4.3 Care and Maintenance can address such a situation so that the Animal Control Officer can seize a dog for its protection.  She believes this type of enforcement is needed.

Councilmember Quintana stated after this ordinance is passed, the Animal Control Officer will have the authority to seize such animals.

Councilmember Sanchez asked whether the Town can budget for an additional Animal Control Officer during the next budget cycle.  Mayor Cordova directed Ms. Adame to evaluate whether the Town can afford to add an additional Animal Control Officer.

Mayor Pro Tem Abeyta requested that 4.4.8) be rewritten to read as follows: The animal shall be brought indoors, garages, or other suitable areas, when temperatures drop to a point where the animal is potentially exposed to harm based on the size, and species of the animal.

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

Mayor Pro Tem Silva made a motion to approve Ordinance 11-19 with amendments as recommended by Mr. Morris and Councilmember Abeyta. 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. 

10. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. William Morris, AICP, Planning, Zoning and Buildings Director
Consideration and approval of Resolution 11-58, Fee Schedule for the Proposed Animal Control Ordinance (Ordinance 11-19). (This item was continued from the October 11, 2011 Regular Council Meeting)
 

Mr. Morris recommended adding the following verbiage under Penalties in Exhibit A: Failure to comply with all other sections of Title 6 of the Taos Municipal Code.  He also stated the first offense for all penalties will be a verbal warning.

Councilmember Quintana made a motion to approve Resolution 11-58 as amended by Mr. Morris. Councilmember Abeyta seconded the motion. 

For discussion, Mayor Cordova asked if anyone in the audience would like to comment on the resolution.

Trish Hernandez stated she believes it is difficult for the Animal Control Officer to follow-up on warnings and citations. She asked Paul Martinez, Animal Control Officer, how he follows up on citations.  Mr. Martinez stated if he has issued a verbal warning he will go back to the violator to assist them with coming into compliance.  He further stated if a citation has been issued it is dealt with in Municipal Court. 

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

B. Councilmember Abeyta
 
Councilmember Abeyta reviewed the GRT Report prepared by Ms. Fambro and stated the Town's budget is in excellent condition.
C. Councilmember Quintana
 
Councilmember Quintana requested an update from Ms. Adame regarding the analysis of Police Officers wages.  Ms. Adame stated she has been working diligently on the analysis, which should be complete within a month.  Councilmember Quintana stated she would like to see it as soon as possible.
D. Councilmember Sanchez
 
Councilmember Sanchez asked whether the Town is still considering building a new Police Department.  Mayor Cordova stated he and staff are still evaluating what the best option is to move forward.
11. EXECUTIVE SESSION
  Executive Session
 

Councilmember Abeyta made a motion to go into Executive Session to discuss pending or threatened litigation regarding the Taos Eco Park pursuant to NMSA Section 10-15-1.H(7).  

Councilmember
Quintana 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 3:22 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, Sanchez, and Quintana. 

12. ADJOURNMENT
  

A motion was made by Councilmember Abeyta and seconded by Mayor Pro Tem Silva to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 3:22 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.