Meetings
 

AGENDA
February 28, 2012
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. AWARDS AND RECOGNITIONS
A. Loretta A. Trujillo, Human Resources Director
Oath of Office for new Police Cadet :  Judge Chavez will administer the Oath of Office to Dagmar Shana McTague, Police Cadet for the Town of Taos.
7. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
8. PUBLIC HEARINGS
A. Ordinance 12-03
Consideration and approval of Ordinance 12-03; Amending the Section 3.100.040 of the Taos Town Code with respect to Governance and Personnel; Political Activities; and amending the Section 3.64.090 of the Taos Town Code with respect to Governance and Personnel; Management Employees; Appointment of Officers. (This amends language in the Town Code to be more consistent with New Mexico State Statutes)
9. MATTERS FROM STAFF
A. George Jaramillo, Library Director (With Selena Marroquin)
On March 3rd the library will launch Fast Forward New Mexico, a project funded by a special $1.5 million American Recovery and Reinvestment Act stimulus grant awarded to the New Mexico State Library. The grant provides digital literacy training to users of Taos Public Library focusing on the general public and the business  community. Computer experts in the field will provide an intensive eight week program covering the basics to the more advanced with a special emphasis on Small Business Success.
B. Matthew Foster, Long Range Planner
Consideration and approval of Resolution 12-12 Adopting the Arts and Cultural District Cultural Plan.
C. Matthew Foster, Long Range Planner
Approval of a grant application to the National Endowment for the Arts in the amount of $150,000 to support the pre-development costs of the Taos Artists Lofts. The Taos Artists Lofts project is an affordable housing development which will benefit low- and moderate- income artists.
D. Ron Yachinich, Facilities Services Director
Consideration and approval of Amendment #3 to Contract TT-10-121 with Living Designs Group Architects in the amount of $17,500.00 plus GRT in the amount of $1432.81 for up to a total amount of $18,932.81 to provide professional legal assistance in documenting and preparing claims against Lone Mountain Construction for the construction of  Taos Eco Park.
10. TOWN MANAGER'S REPORT
11. MATTERS FROM THE MAYOR AND COUNCIL
A. Councilmember Sanchez
Discussion regarding water issues.
B. Councilmember Sanchez
Exit comments.
C. Executive Session
Pursuant to the Open Meetings Act, NMSA 10-15-1.H(7), meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the Town is a participant, specifically State of New Mexico ex rel State Engineer v. Abeyta et al., U.S. District Court Case No. 69 CV 07896, to consider a proposed settlement agreement among the Town and the other parties to the case. 
D. Possible Action Regarding Abeyta Settlement
Consideration of and action on  proposed settlement agreement in State of New Mexico ex rel State Engineer v. Abeyta et al., U.S. District Court Case No. 69 CV 07896.
E. Possible Action Regarding San-Juan Chama Project Repayment Contract
Consideration of and possible action on a new proposed San-Juan Chama Project Repayment Contract between the Town and the United States Government, Department of Interior, Bureau of Reclamation providing the Town with 366 more acre-feet per year of San Juan Project water.
12. MATTERS AND REPORTS FROM THE MAYOR
13. MATTERS AND REPORTS FROM THE COUNCIL
14. 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
February 28, 2012
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 1:31 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

Youth Councilmember, Julia Espinoza


Also present were:      
Interim Town Manager, Abigail Adame
Town Clerk, Renee Lucero

3. PLEDGE OF ALLEGIANCE
  

Councilmember Abeyta 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. AWARDS AND RECOGNITIONS
A. Loretta A. Trujillo, Human Resources Director
Oath of Office for new Police Cadet: 
 Judge Chavez administered the Oath of Office to Dagmar Shana McTague, Police Cadet for the Town of Taos.
6. CITIZENS FORUM
  
Due to the number of people signed in to speak under Citizens Forum, Mayor Cordova limited comments to two minutes per person.
A. Jeff Northrup
 
Mr. Northrup discussed Councilmember Sanchez's accomplishments during his tenure on the Town Council and thanked him for his service. 
B. Michael Sayre
 
Mr. Sayre stated he is concerned about special taxes imposed on residential areas as a result of the proposed adoption of the Arts and Cultural District Plan and asked for assurance that residential areas will not be taxed.  In addition, he requested that a steering committee be organized to provide input.
C. Jerome Lucero
 
Mr. Lucero stated he is concerned about the 40 cent raise that was provided to the police officers as a result of the recent reclassification.  He believes the salaries are still too low to keep officers.  Mayor Cordova stated police salaries will be further evaluated during the next budget cycle.
D. Ezra Bayles
 
Mr. Bayles stated he is representing several youth boards in Taos.  He further stated he supports the second phase of the Taos Eco Park due to the need for additional practices and tournaments.
E. Greg Weeks
 
Mr. Weeks expressed his concern about tire crumbs which are being used at the playground at Kit Carson Park and are proposed to be used at Fred Baca Park.  He stated he is opposed to use of the tire crumbs and read a section from a report by Human Health, Inc. out of Connecticut which states there is enough information to place a moratorium on tire crumbs until more research is undertaken.  He asked that the Town not use the material at the public parks.
F. Stephens Hall
 
Mr. Hall stated during the Citizens Forum on February 14, 2012 the Mayor stopped him from completing his presentation due to his false allegations (Mr. Hall had stated he believes it to be absurd that the Clerk's staff would not honor his oral public records requests and requested that he submit his requests in writing). He complained about being publicly accused of lying and asked for the opportunity to meet with the Mayor and Council during a public meeting regarding his complaint.
G. Brigid Meyer
 
Ms. Meyer stated she protests the use of rubber tire crumbs at the Town's playgrounds. She further stated the materials are toxic and is concerned that the materials get in children's hair, in the washing machine and is also eaten by the children.
H. Matthew Spriggs
 
Mr. Spriggs stated he is the outgoing Chairman of the Arts and Cultural District and clarified that if the Town raise taxes, it would come under a separate item.  He further stated there is no need to delay adoption of the Resolution.
7. MATTERS FROM STAFF
A. George Jaramillo, Library Director (With Selena Marroquin)
 Ms. Marroquin, with New Mexico State Library, stated on March 3rd the library will launch Fast Forward New Mexico, a project funded by a special $1.5 million American Recovery and Reinvestment Act stimulus grant awarded to the New Mexico State Library. The grant provides digital literacy training to users of Taos Public Library focusing on the general public and the business  community. Computer experts in the field will provide an intensive eight week program covering the basics to the more advanced with a special emphasis on Small Business Success. 

* Councilmember Abeyta left the Council Meeting due to a prior commitment.
B. Matthew Foster, Long Range Planner
Consideration and approval of Resolution 12-12 Adopting the Arts and Cultural District Cultural Plan. (Continued from the February 14, 2012 Regular Town Council Meeting)
 

Mr. Foster stated an Open House was held last Friday and there was very good attendance.  He also stated he received many phone calls from people who were in support of the plan. 

Councilmember Quintana requested an amendment to Page 4 of the Resolution wherein "Taos" is misspelled.

Mayor Pro Tem Silva made a motion to approve Resolution 12-12 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 Sanchez, and Quintana. 

C. Matthew Foster, Long Range Planner
Approval of a grant application to the National Endowment for the Arts in the amount of $150,000 to support the pre-development costs of the Taos Artists Lofts. The Taos Artists Lofts project is an affordable housing development which will benefit low- and moderate- income artists.
 

Mr. Foster stated the grant requires a 100% match from the Town through cash or in-kind services.  He further stated he has evaluated the time he has spent on the project to contribute toward in-kind services; however, it will only equal to about $37,500.  He asked how much the Town is willing to contribute to the project. 

A lengthy discussion ensued between the Mayor and Council with regard to how much the Town can allocate to this project.

Mayor Pro Tem Silva made a motion to approve the grant application to the National Endowment for the Arts in the amount of $150,000 and allocate $50,000 in cash toward the match.  The motion died for a lack of a second.

Councilmember Quintana made a motion to approve the grant application to the National Endowment for the Arts in the amount of $75,000 and allocate $50,000 in cash and $37,500 in in-kind services toward  the match. 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. 

Mayor Cordova and Mayor Pro Tem Silva stated they support the cash match of $50,000 since it is already available in the budget.

D. Ron Yachinich, Facilities Services Director
Consideration and approval of Amendment #3 to Contract TT-10-121 with Living Designs Group Architects in the amount of $17,500.00 plus GRT in the amount of $1432.81 for up to a total amount of $18,932.81 to provide professional legal assistance in documenting and preparing claims against Lone Mountain Construction for the construction of  Taos Eco Park.
 

Mayor Pro Tem Silva made a motion to approve Amendment #3 to Contract TT-10-121 with Living Designs Group Architects in the amount of $17,500.00 plus GRT 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. 

8. PUBLIC HEARINGS
A. Ordinance 12-03
Consideration and approval of Ordinance 12-03; Amending the Section 3.100.040 of the Taos Town Code with respect to Governance and Personnel; Political Activities; and amending the Section 3.64.090 of the Taos Town Code with respect to Governance and Personnel; Management Employees; Appointment of Officers. (This amends language in the Town Code to be more consistent with New Mexico State Statutes)
 

Renee Lucero, Town Clerk, presented Ordinance 12-03 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 12-03 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. 

9. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Councilmember Sanchez
Discussion regarding water issues.
 
* The Council took a brief recess and Councilmember Abeyta returned to the Council meeting at 2:33 p.m.

Councilmember Sanchez discussed water issues and emphasized the importance of protecting the Town's water.  He stated wells located on private property are ruining the aquifer because some wells may be running all day. Furthermore, he believes everyone living within the municipal boundaries should connect to Town water and be charged for their water usage.

Amos Torres, Public Utilities Director, stated staff will be presenting an ordinance to the Council in March which would require citizens to abandon their wells and hook up to Town water.

William Morris, Planning, Zoning and Building Director, further stated the GIS Planner has been working diligently to map the water and sewerlines within the municipality to address the issue.

Councilmember Abeyta stated he agrees with Councilmember Sanchez that the issues regarding wells must be addressed.  He also believes that the citizens are not trying to deceive the Town by remaining on their wells; rather, the Town has not enforced their ordinance.
B. Councilmember Sanchez
Exit comments.
 
Councilmember Sanchez stated, as his last comments as a Councilmember, he has mixed feelings his tenure as a Councilmember.  He feels disappointed that the Governing Body did not work closer together for the benefit of the community.  He also does not believe the Town is not transparent and he also believes the citizens should be allowed to speak for five minutes during Citizens Forums.

Furthermore, Councilmember Sanchez believes the salary of police officers is still inadequate and wants the Town to set the standard regarding their salaries.  In addition, he believes the Town needs to utilize the current Police Department building rather than purchase a new one.

Councilmember Sanchez expressed his concern about the severance money that was wasted due to the termination of Daniel Miera, the former Town Manager, as he believes Mr. Miera would have eventually resigned on his own.  He also discussed the importance of finding additional funding to complete the Eco Park.

Councilmember Sanchez stated due to health issues it has become difficult for him to see and do research.  He read a statement thanking the employees of the Police and Fire Departments, and all Town employees.  He concluded by stating he has enjoyed serving the citizens of Taos as a Councilmember. 

Mayor Pro Tem Silva thanked Councilmember Sanchez for his service and wished him and his wife happiness and good health.

Councilmember Quintana thanked Councilmember Sanchez for his service and stated it was an honor to serve with him.

Mayor Cordova also wished Councilmember Sanchez well in his future endeavors.
C. Youth Councilmember Espinoza
 
Youth Councilmember Espinoza spoke about the Occupy High Movement which is being conducted at Taos High School and is a response for not having enough for the youth to do in Taos and not having enough funding for art programs in the school. She encouraged the Council to do as much as possible to assist with funding such programs.

She also spoke about customer service in the stores at Taos Plaza and stated many youth feel the workers look down on the youth and feels that should be addressed.

Furthermore, she stated a representative of Men Engaged in Non-Violence spoke to students at her school and has made a great impact on the students. 

Mayor Pro Tem Silva thanked Youth Councilmember Espinoza for staying involved.
D. Municipal Election
 
Mayor Cordova reminded the citizens that Election day is March 6, 2012.  He also welcomed the Town Council Candidates who have attended today's meeting and allowed them to introduce themselves.  Candidates present were Judith Cantu, Andrew Gonzales, Linda Knief and Amy Quintana.
E. Executive Session
 

Councilmember Quintana made a motion to go into Executive Session pursuant to the Open Meetings Act, NMSA 10-15-1.H(7), meetings subject to the attorney-client privilege pertaining to threatened or pending litigation in which the Town is a participant, specifically State of New Mexico ex rel State Engineer v. Abeyta et al., U.S. District Court Case No. 69 CV 07896, to consider a proposed settlement agreement among the Town and the other parties to the case.

 

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. 

 

At 4:59 p.m., Councilmember Sanchez 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. 

F. Possible Action Regarding Abeyta Settlement
Consideration of and action on  proposed settlement agreement in State of New Mexico ex rel State Engineer v. Abeyta et al., U.S. District Court Case No. 69 CV 07896.
 
* Councilmember Abeyta left the Council meeting at 4:50 p.m. due to a prior commitment.

Councilmember Sanchez made a motion to approve the proposed Abeyta Water Rights settlement agreement as presented with authority granted to the Mayor, Interim Town Manager and the Town's negotiating team to make changes that do not materially or substantially affect the Town's position or rights under the proposed settlement agreement. 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 Sanchez also made a motion to have the finalized version of the proposed settlement agreement placed in the minutes of today's Council meeting.  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. 

G. Possible Action Regarding San-Juan Chama Project Repayment Contract
Consideration of and possible action on a new proposed San-Juan Chama Project Repayment Contract between the Town and the United States Government, Department of Interior, Bureau of Reclamation providing the Town with 366 more acre-feet per year of San Juan Project water.
 

Councilmember Sanchez made a motion to approve the proposed new San Juan Chama Water Project Repayment Contract for 366 acre feet of San Juan Chama Water as presented with authority granted to the Mayor, Interim Town Manager and the Town's negotiating team to make changes that do not materially or substantially affect the Town's position or rights under the proposed contract. 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. 

10. ADJOURNMENT
  

A motion was made by Councilmember Sanchez and seconded by Councilmember Quintana to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 5:05 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.