| 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 1:39 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
Contract Attorney, Marcus Rael
Town Clerk, Renee Lucero
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Councilmember Sanchez 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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Mr. Northrup discussed the Town Manager vacant position and stated he believes a decision has already been made to hire an unqualified applicant for the position. He also thanked Councilmember Sanchez for his commitment to the Town of Taos. Furthermore, Mr. Northrup commended retiring Police Chief Rick Anglada for serving his community and stated he was a good chief.
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Ms. O'Neal requested that the Council ask Chief Anglada to stay with the Town of Taos and thanked him for caring about the neglected animals in the community. She further suggested that the Town allocate funds in the next budget for the care and welfare of animals. Ms. O'Neal also updated the Mayor and Council about a dog in her neighborhood that she had discussed during several Town Council Meetings. She stated the dog recently died as a result of neglect and abuse and only knew suffering.
Councilmember Sanchez stated it is very pathetic that the dog died this way and further stated the dog's passing may have been a blessing.
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Ms. Kyte stated she works with Los Angelitos and spoke in support of the High Altitude Athletics (HAA). She stated HAA has organized a program with Los Angelitos wherein the children can come together for socializing and working on their developmental skills. She further stated the program is offered free of charged. She asked the Council to keep HAA's rent at $1,500, otherwise the program cannot be offered free of charge.
Mayor Pro Tem Silva asked how many individuals participate in the program. Ms. Kyte stated ten children participate twice per month.
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Ms. Bahr read a letter on behalf of the Parks & Recreation Advisory Board supporting HAA which stated HAA provides safe and qualified programs to the youth of Taos. The letter further stated HAA's commitment is for the betterment of the youth and community of Taos and the Parks & Recreation Advisory Board endorses the Town's decision to support HAA.
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Mr. Storch stated he is concerned with Motorola's request that no Town representatives be present during their walk through of the Command Center because they did not want any pressure from the Town. He stated this makes no sense and as a taxpayer he believes that a Councilmember should have been present.
Mayor Cordova asked Mr. Storch to schedule an appointment with Abigail Adame, Interim Town Manager, so that she can discuss the details relating to this issue.
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Ms. Bertoncin, owner of Taos Gymnastics Academy, stated people have expressed their deep gratitude to her for serving the community for twenty-five years. She also stated people have expressed their disappointment in how HAA has taken over the gymnastics program and she does not understand why they would want to use the Town's facility instead of her facility that is ready for a gymnastics program and is not in need of repairs. She proposed that HAA rent her facility for $1,500 per month.
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| A.
| Abigail Adame, Interim Town Manager
Consideration and approval of Resolution 11-70 supporting the DREAM ACT and urging Congress and the New Mexico State Legislature to pass the New Mexico DREAM ACT, which will in turn lower a tremendous barrier to higher education faced by students pursuing a college degree. | |
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Juan Montes, Director of UNM Taos Career and College Preparation Program, and Mayra Gutierrez, President of the Mexican American Youth Association (MAYA), thanked the Mayor and Council for their support of the immigrants of the community. They presented the Resolution and a video regarding MAYA and expressed the importance of passing the Resolution in support of the DREAM ACT. In addition, several students came forward to express their support of the resolution.
Mayor Cordova stated he is very impressed by the level of commitment and professionalism displayed by the representatives of UNM and by those students who spoke. He further stated this is a very important resolution. He requested the first "WHEREAS" be replaced with the following language: "the Town of Taos hereby urges the New Mexico State Legislature to improve their existing New Mexico driver’s license laws as they relate to the issuance of drivers’ licenses’, irrespective of immigration status by including strengthened identity and residency requirements, re-verification of documents and more frequent renewals; and". Furthermore, Mayor Cordova requested the words "to assist" be removed from the paragraph beginning with "USE OF CITY FUNDS PROHIBITED".
Councilmember Abeyta made a motion to approve Resolution 11-70 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.
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| Amos Torres, Public Utilities Director
Consideration and approval of Change Order #8 to Contract TT-10-192 to AUI Inc. in the amount of $178,670.41 plus NMGRT for a total of $191,400.68. Change order is for several items which include; Charges for revisions to GE equipment, framing for soffit panels, roof perimeter edge nailer, changed to overhead door, 2" potable water line, relocate weather station, pressure switches, modifications to air compressors, changes to restrooms to meet ADA, changes to PV rack system, tie in from west basin, repairs to west basin, pipe supports for blowers, and damper controls. 109 additional calendar days are also added to the change order. Line Item: 81-45-45001. | |
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Councilmember Quintana referred to page 2 of 2 of Change Order Proposal No. 12.C. Rev 2, and expressed concern that the Town is paying for the Project Manager's hourly rate, the Superintendent's hourly rate and an hourly rate for the Superintendent's Truck. She stated the rates are outrageous and she does not believe the Town should be paying these expenses. Mr. Torres stated the truck is being provided for the project and has tools essential for the Superintendent to conduct business. Mayor Cordova stated staff met with AUI, Inc. and these concerns, along with many others were discussed. He further stated the issues can be discussed with the Council during an Executive Session. A lengthy discussion ensued regarding several issues that have transpired which have delayed the project; thus leading to these change orders. Mayor Pro Tem Silva made a motion to approve Change Order #8 to Contract TT-10-192 to AUI Inc. with the exception of Change Order Proposal No. 12 C in the amount of $73,258.29 exclusive of GRT for a new total of $105,412.12 exclusive of GRT. Councilmember Quintana seconded the motion.
Councilmember Sanchez stated all subcontractors should be paid. Mayor Pro Tem Silva stated he does not believe the change orders will be paid to subcontractors; only to AUI, Inc.
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. |
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| Loretta Trujillo, Human Resources Director
Consideration and approval of Resolution 11-63; a Resolution of the Town of Taos Council designating the 2012 Town of Taos Employee Holiday Schedule in accordance with Town of Taos Municipal Code 3.88.150. | |
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Ms. Trujillo presented the resolution with the following amendments:
*The last line of the second paragraph should read "the day before Christmas" rather than "two days before Christmas";
*Change "July 4, 20102" to "July 4, 2012"; and
*Change "July 20, 2010" to "July 20, 2012".
Councilmember Quintana made a motion to approve Resolution 11-63 as amended. 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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| Marietta Fambro, Finance Director
Approval of Resolution 11-69 Budget Adjustment Request: 1) Water Rights Fund (64) - Transfer from Capital Outlay to Operating expense in the amount $33,550 to cover additional amount needed for Daniel B. Stephens contract and other items not accounted for in the original budget or exceeded those that were budgeted; 2 ) Solid Waste Fund (65) - Increase revenues and expenditures in the amount of $11,830 to cover the cost for fuel used to transport the sludge to Rio Rancho; 3 ) Wastewater Enterprise Fund (63) - Increase interfund transfer in from Utility Construction Fund in the amount of $150,000 to cover chemical costs during the upgrade of the WWTP, sludge hauling and other necessary expenditures for the operation of the WWTP; 4) Utility Improvement Fund (81) - Decrease capital outlay and increase interfund transfer out in the amount of $150,000 to cover chemical costs during the upgrade of the WWTP, sludge hauling and other necessary expenditures for the operation of the WWTP; 5) Facilities Improvements Fund (50) - Transfer $50,000 from Pool Patio Improvements to Ice Rink Improvements (Compression System) to cover cost to repair the compression unit at the Ice Rink. | |
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Mayor Pro Tem Silva made a motion to approve Resolution 11-69 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.
| William Morris, AICP, Planning, Zoning & Building Department
Direction concerning a request by the Historic Preservation Commission to implement an Engine Retarding Braking System ("Jake Brake") Ordinance for the historic district. The Commission has concerns that the use of these braking systems in the Historic District will create structural issues to the older buildings in these areas. | |
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Mr. Morris explained the main concern is the use of "Jake Brake" systems on Cantu Hill and Kit Carson Road because the loud sound may be destructive to some of the older structures located in those areas.
Mayor Pro Tem Silva stated this issue has come before the Council in the past. He further stated being in the trucking industry, he knows the "Jake Brake" system is used for safety purposes. Furthermore, he believes the problem could be addressed by enforcing all aspects of the noise ordinance and ensuring that all trucks have mufflers.
Mayor Cordova stated he does not support this type of ordinance because "Jake Brake" systems are used for safety. He also agrees with Mayor Pro Tem Silva that trucks must have mufflers.
Mayor Pro Tem Silva stated he would rather be cited for the excessive noise rather than witness a person being injured due to restricted use of the "Jake Brake" systems.
Mayor Cordova stated Council direction is not to implement an Engine Retarding Braking System ("Jake Brake") Ordinance.
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| A.
| Renee Lucero, Town Clerk
Consideration and approval of Transfer of Ownership of Liquor License No. 2660/Application No. 794129 for Casa Los Cordovas located at 330A Paseo del Pueblo Sur, Suite A. | |
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Ms. Lucero presented the Transfer of Ownership of Liquor License No. 2660/Application No. 794129 for Casa Los Cordovas and stated all publication requirements we met in accordance with Alcohol and Gaming Division regulations and Planning and Zoning approvals are included in the packet.
Mayor Cordova recused himself from all discussion because he is the applicant and owner of Casa Los Cordovas.
Public Opinion
Mayor Pro Tem Silva opened the public hearing. No one came forward.
After closing the public hearing, Mayor Pro Tem Silva asked for questions from the Council.
Councilmember Abeyta made a motion to approve the Transfer of Ownership of Liquor License No. 2660/Application No. 794129 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.
Mayor Cordova thanked the Council, on behalf of the business community, for their support in processing liquor license applications as quickly as possible.
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| 8. MATTERS FROM THE TOWN MANAGER
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| Daniel B. Stephens & Associates
Consideration and approval of Contract TT-12-172 with Daniel B. Stephens and Associates in the amount of $99,998.76 inclusive of GRT, for Hydrological Services, Phase III. The overall objective of this project is to ensure that the Town is prepared to provide a viable water supply for current and future residents, from both a legal or water rights perspective, and from a hydrologic and infrastructure perspective. | |
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Ms. Adame stated deliverables to the Daniel B. Stephens and Associates contract will be provided by June 30, 2012.
Councilmember Sanchez stated, in reference to hydrological services, the Town needs to know the status of the aquifer and asked if this will be addressed in the contract. Ms. Adame stated it is her understanding that the status of the Town's aquifer will be addressed. She also stated she shared the same concern as Councilmember Sanchez and a meeting has been scheduled for a month from now to discuss this concern.
Mayor Cordova stated it is his understanding that the town needs to collaborate with the County as aquifers have no boundaries. He stated the purpose of this contract is to do an analysis of the Town's current water supply. Additionally, Mr. Torres stated the contract is to allow Daniel B. Stephens and Associates to evaluate the drainages associated with Spring Ditch and other historical data.
A lengthy discussion ensued regarding amending the water ordinance to address the wells that are still operating throughout the Town. Mr. Morris explained his staff is studying data from the State Engineers Office dating back to 1990 which will assist with providing an identifiable list of wells throughout the Town. Mayor Cordova directed staff to bring an amended water ordinance back to Council within 60 to 90 days.
Mayor Pro Tem Silva made a motion to approve Contract TT-12-172 with Daniel B. Stephens 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 Sanchez, and Quintana. Councilmember Abeyta was not present in the meeting during the vote.
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| 9. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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| | Ms. Adame explained a final resolution addressing the removal of ruined, damaged and dilapidated buildings within the Town of Taos will be presented to the Council at the next scheduled meeting. |
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Debbie Friday-Jagers, with High Altitude Athletics, gave an update on HAA's proposal and stated they have been in business for one hundred twenty days and currently serve almost three hundred children. She further stated HAA assists the following programs: competitive women's gymnastics, recreation gymnastics, Taos High School and Taos Middle School cheerleading, Extreme Cheerleading, Mystic Dance, tumbling, Special Olympics and many other programs. Furthermore, Ms. Friday-Jagers stated the rates are $115 per month for five days per week for one hour of instruction, including escorting children to the gym (which the parents are not charged for).
Additionally, Ms. Friday-Jagers stated HAA has complied with all regulations and permits and has also complied with all Town requirements. She proposed HAA continue to rent Don Fernando Hall during the months of January and February, 2012 at an increased amount of $2,000 cash and $1,300 in free instruction to the community. She also asked for a time extension to submit their long-term proposal.
Councilmember Quintana stated according Ms. Friday-Jagers' figures, HAA generates about $34,000 per month in revenue. Ms. Friday-Jagers clarified not all participants pay $115 per month and explained that HAA generates about $7,000 - $8,000 in gross revenue per month and offered to share HAA's budgets with the Mayor and Council if they would like.
A lengthy discussion ensued with regard to delays in providing a solid long-term proposal. All parties indicated there have been many issues and legalities that have transpired delaying the submittal of the long-term proposal.
With regard to repairs and renovations to the building, Councilmember Quintana asked Marcus Rael, Contract Attorney, whether HAA needs to go out for RFP. Mr. Rael stated although HAA is using private funds, they are using a public building which will require them to obtain three bids, depending on the costs.
Mayor Pro Tem Silva asked Ms. Friday-Jagers how much more time is needed in order to submit a long-term proposal. Ms. Friday-Jagers stated about two months.
Mayor Cordova stated Council direction (with the exception of Councilmember Sanchez) is to grant a two month extension for HAA to provide a long-term lease proposal and increase their rent to $2,000 cash during the months of January and February, 2012.
Mayor Pro Tem Silva requested that HAA provide updates at all Town Council Meetings.
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| Councilmember Quintana | |
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Councilmember Quintana asked what the square footage of the area to be leased at the Command Center is. Ms. Adame stated the square footage is approximately 2,260 square feet; however, she would need to verify that figure.
Councilmember Quintana asked why dispatch needs that much space for five desks. Mayor Cordova encouraged Councilmember Quintana to visit the facility so that she can have a better understanding as to the use of the space.
Councilmember Sanchez stated everyone at dispatch has expressed they do not want to move and asked why are they being moved. Mayor Cordova asked Councilmember Sanchez to schedule a meeting with him so that he can explain all aspects of the lease and the use of space.
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Mayor Cordova asked the Council if they would support sending out an RFP to the private sector to build a building for a new Police Department. He explained the concept will be to go into a lease agreement to lease the building with the option to purchase the building.
Mayor Pro Tem Silva, Councilmember Quintana and Councilmember Abeyta expressed their support of the concept.
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Mayor Pro Tem Silva made a motion to go into Executive Session to discuss limited personnel matters regarding the Chief of Police pursuant to NMSA 1978 10-15-1-H.2.
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 5:25 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.
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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 5:25 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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