Meetings
 

AGENDA
April 24, 2012
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
6:30 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. March 27, 2012 Regular Meeting Minutes
7. AWARDS AND RECOGNITIONS
A. Loretta A. Trujillo, Human Resources Director
Oath of Office for Patrol Officer:  Judge Richard Chavez will administer the Oath of Office to Patrol Officer Zachary Garcia.
B. Appointment of the Town Clerk and Finance Director
Appointment of Renee Lucero to the position of Town Clerk and Marietta Fambro to the position of Finance Director, pursuant to Title 3, Chapter 3.64, Article II of the Town of Taos Municipal Code.

Oath of Office for Town Clerk:  Judge Richard Chavez will administer the Oath of Office to Town Clerk, Renee Lucero.

Oath of Office for Finance Director:  Judge Richard Chavez will administer the Oath of Office to Finance Director, Marietta Fambro.
8. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
A. Citizens wishing to speak shall limit their comments to 5 minutes or less at the Mayor's discretion. No action may be taken.
The items in the Consent Agenda below have been reviewed by the Mayor and the Mayor has placed these items on the Consent Agenda for the purpose of voting on all items with one vote.
9. CONSENT AGENDA
A. Amos Torres, Public Utilities Director
Consideration and approval to award additive alternates to Contract No. TT-12-247 to Layne Christensen Company from Aurora, Colorado for the purpose of well rehabilitation work on Wells 3 & 3A located near the Taos Post Office located on Sunset Street. Contract is for Base Bid in the amount of $62,400 plus NMGRT for total base amount of $67,509 which was approved on April 10, 2012 Council Meeting.  Request approval to award additive alternates contingent on findings of video inspection. Additive alternates include well 3- lining $9,360, filter pack $3,744. Well 3A lining $12,000, filter pack $4,800. Column pipe $3,250 per well & submersible pump system $12,200 per well. NMGRT will be added to awarded additive alternates. Layne Christensen Company was the sole bidder to RFB 11-12-14 Well Rehabilitation 3 & 3A.
B. Marietta Fambro, Finance Director
Approval of Resolution 12-21 Budget Adjustment Request: 1) Utility Improvements Fund (81) - a) Transfer from Well #9 Rehabilitation (81-80) to Wells, Pumps & Motor Replacements in the amount of $60,000 (81-27).  b) Transfer from 3 completed project balances - Vehicle Replacement Units 60, 61 & 62 - $3,820, Fire Hydrant Replacement - $8,056 and Grit Pump Replacement - $2,405; and transfer from 1 project that will be re-budgeted in next fiscal year - Weimer Sewer Line-TM - $29,730 for a total amount of $44,011.00.  Increase capital expenditures for a new project on Dillon Lane which includes installation of a new sewer line in the amount of $44,011.  
C. Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval to accept Amendment No. 4 to Grant Agreement 11-691-12421 with the New Mexico Children, Youth and Families Department in the amount of $65,500, and authorization for the Mayor to enter into a grant agreement. This grant will be used for operations of the Taos County Juvenile Justice Program from July 1, 2012 - December 31, 2012. The Town is the fiscal agent for this grant.
D. John Thompson, Airport Manager
Consideration and approval to amend Contract TT-11-115 with Armstrong Consultants, Inc. for design only of a two-bay building to house the Airport’s Snow Removal Equipment. Original Contract TT-11-115 is for a term of 4 years. This will be Amendment 3 to Armstrong Consultants’ contract in the amount of $30,000 plus NMGRT (90% FAA Grant: $28,384, 5% NMDOTAD Grant: $1577, 5% Town match: $1,577). Total amount of this contract with Amendments 1, 2 and 3 is $57,500. Each of the three amendments has been for an approved CIP project.
E. Francisco "French" Espinoza, Public Works Director
Approval of Out of State Travel for Leo Valencia, Transit Operator to attend the CTAA in Baltimore, MD on May 18-21, 2012.  Mr. Valencia will represent New Mexico during the National Community Transportation Road-e-o in the Bus Division.  Total estimated expense is $1,750 which will be reimbursed by the NM Passenger Transportation Association.
10. MATTERS FROM STAFF
A. Abigail Adame, Interim Town Manager
Terrie Badhand and Pati L. Martinson Directors/Founders of Taos County Economic Development Corp. (TCEDC) will present a powerpoint presentation updating the council on the services provided by TCEDC.
B. Francisco Espinoza Public Works Director
Approval of Resolution 12-22 requesting a one (1) year time extension from June 30, 2012 to June 30, 2013 for Camino de la Merced Municipal Arterial Program Agreement D13328 with the New Mexico Department of Transportation in the amount of $234,787.00 (Department's share of $176,090.00, Town's share of $58,697.00).  Agreement is for the design, reconstruction and drainage improvements to Camino de la Merced from Paseo del Pueblo Sur (NM 68) to Salazar Rd.  
C. William Morris, AICP, PZB Director
Consideration and approval of Resolution 12-20, seeking authorization from the Town Council for the demolition of the structure located at 1321 Paseo del Pueblo Sur, previously known as the Hacienda Inn.
D. William Morris, AICP, PZB Director, Tina Torres, Purchasing Agent
Discussion and possible action to award Bid 11-12-17, Building Demolition, to ________________in the amount of $________ Excluding NM Gross Receipts Tax.  The purpose of the bid is to obtain demolition services in order to raze the structure at 110 Siler Road, Taos, New Mexico (aka Bigbee building). Bid Opening to be held on Monday, April 23, 2012.
11. TOWN MANAGER'S REPORT
12. MATTERS FROM THE MAYOR AND COUNCIL
A. Establishing the Regional Coalition of LANL Communities
Consideration and approval of a joint powers agreement establishing the Regional Coalition of LANL communities by and among the incorporated County of Los Alamos, the City of Santa Fe, Santa Fe County, the City of Espanola, Rio Arriba County, the Town of Taos and Taos County.  Sharon Stover, Chair of Los Alamos County Council will be present to address any questions.
B. Executive Session
The Council will adjourn to go into Executive Session to discuss the following:  Limited personnel matters regarding the Interim Town Manager pursuant to NMSA 1978 10-15-1-H(2); and threatened or pending litigation regarding Ignacio Montano and the Town of Taos Chamisa Verde Affordable Housing, pursuant to the Open Meetings Act, NMSA 10-15-1.H (7)
C. Mayor Cordova
Possible Action
 Possible action to be taken to extend the terms of Town of Taos Municipal code 3.84.060: CATEGORIES OF APPOINTMENT, Section 3.
13. MATTERS AND REPORTS FROM THE MAYOR
14. MATTERS AND REPORTS FROM THE COUNCIL
15. 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
April 24, 2012
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
6:30 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 6:40 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, Frederick A. Peralta       
Councilmember, Andrew T. Gonzales

Youth Councilmember, Julia Espinoza

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

Contract Attorney, Robert White
3. PLEDGE OF ALLEGIANCE
  

Councilmember Gonzales 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 Peralta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

5. APPROVAL OF MINUTES
A. March 27, 2012 Regular Meeting Minutes
 

Mayor Pro Tem Silva made a motion to approve the Minutes of March 27, 2012 as presented. Councilmember Peralta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

6. AWARDS AND RECOGNITIONS
A. Loretta A. Trujillo, Human Resources Director
  Oath of Office for Patrol Officer:  Judge Richard Chavez administered the Oath of Office to Patrol Officer, Zachary Garcia.
B. Appointment of the Town Clerk and Finance Director
 Appointment of Renee Lucero to the position of Town Clerk and Marietta Fambro to the position of Finance Director, pursuant to Title 3, Chapter 3.64, Article II of the Town of Taos Municipal Code.

Oath of Office for Town Clerk: Judge Richard Chavez administered the Oath of Office to Town Clerk, Renee Lucero.

Oath of Office for Finance Director: Judge Richard Chavez administered the Oath of Office to Finance Director, Marietta Fambro.

Councilmember Peralta made a motion to approve the appointments 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, Peralta and Gonzales. 

7. CITIZENS FORUM
A. The following individual spoke during Citizens Forum:
 
Laura Suazo
8. CONSENT AGENDA
A. Amos Torres, Public Utilities Director
Consideration and approval to award additive alternates to Contract No. TT-12-247 to Layne Christensen Company from Aurora, Colorado for the purpose of well rehabilitation work on Wells 3 & 3A located near the Taos Post Office located on Sunset Street. Contract is for Base Bid in the amount of $62,400 plus NMGRT for total base amount of $67,509 which was approved on April 10, 2012 Council Meeting.  Request approval to award additive alternates contingent on findings of video inspection. Additive alternates include well 3- lining $9,360, filter pack $3,744. Well 3A lining $12,000, filter pack $4,800. Column pipe $3,250 per well & submersible pump system $12,200 per well. NMGRT will be added to awarded additive alternates. Layne Christensen Company was the sole bidder to RFB 11-12-14 Well Rehabilitation 3 & 3A.
B. Marietta Fambro, Finance Director
Approval of Resolution 12-21 Budget Adjustment Request: 1) Utility Improvements Fund (81) - a) Transfer from Well #9 Rehabilitation (81-80) to Wells, Pumps & Motor Replacements in the amount of $60,000 (81-27).  b) Transfer from 3 completed project balances - Vehicle Replacement Units 60, 61 & 62 - $3,820, Fire Hydrant Replacement - $8,056 and Grit Pump Replacement - $2,405; and transfer from 1 project that will be re-budgeted in next fiscal year - Weimer Sewer Line-TM - $29,730 for a total amount of $44,011.00.  Increase capital expenditures for a new project on Dillon Lane which includes installation of a new sewer line in the amount of $44,011.  
C. Marietta Fambro, Finance Director (with Miranda Quintana, Grants Administrator)
Consideration and approval to accept Amendment No. 4 to Grant Agreement 11-691-12421 with the New Mexico Children, Youth and Families Department in the amount of $65,500, and authorization for the Mayor to enter into a grant agreement. This grant will be used for operations of the Taos County Juvenile Justice Program from July 1, 2012 - December 31, 2012. The Town is the fiscal agent for this grant.
D. John Thompson, Airport Manager
Consideration and approval to amend Contract TT-11-115 with Armstrong Consultants, Inc. for design only of a two-bay building to house the Airport’s Snow Removal Equipment. Original Contract TT-11-115 is for a term of 4 years. This will be Amendment 3 to Armstrong Consultants’ contract in the amount of $30,000 plus NMGRT (90% FAA Grant: $28,384, 5% NMDOTAD Grant: $1577, 5% Town match: $1,577). Total amount of this contract with Amendments 1, 2 and 3 is $57,500. Each of the three amendments has been for an approved CIP project.
E. Francisco "French" Espinoza, Public Works Director
Approval of Out of State Travel for Leo Valencia, Transit Operator to attend the CTAA in Baltimore, MD on May 18-21, 2012.  Mr. Valencia will represent New Mexico during the National Community Transportation Road-e-o in the Bus Division.  Total estimated expense is $1,750 which will be reimbursed by the NM Passenger Transportation Association.
 

Councilmember Peralta requested that Item 8.C. be removed from the Consent Agenda for further discussion.

Councilmember Abeyta made a motion to approve the Consent Agenda as amended. Councilmember Peralta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

Item 8.C.:
Councilmember Peralta requested clarification with regard to the Town's involvement in the grant program.  Ms. Fambro explained the Town manages the grant as fiscal agent by coordinating contracts, processing payments and submitting for reimbursements.

Councilmember Peralta asked if the Town monitors the amount of time staff spends on managing grants such as this. Ms. Fambro stated the Grants Administrator keeps an account of her time spent on such grants.

A lengthy discussion ensued as to whether it would be beneficial for the Town to charge an administrative fee for acting as fiscal agent for such grants.  Ms. Adame stated the Council passed Resolution 08-30 several years ago enabling the Town to charge an administrative fee if allowed by the grant and state law; however, in the past the Council has chosen not to charge the fee because there was a concern that charging the fee would reduce the actual grant funds for the project.  Mayor Cordova directed staff to evaluate the issue.

Councilmember Peralta made a motion to approve Item 8.C. 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, Peralta and Gonzales. 

9. MATTERS FROM STAFF
A. Abigail Adame, Interim Town Manager
 Terrie Bad Hand and Pati L. Martinson, Directors/Founders of Taos County Economic Development Corp. (TCEDC), presented a Powerpoint presentation updating the council on the services provided by TCEDC.
B. Francisco Espinoza Public Works Director
Approval of Resolution 12-22 requesting a one (1) year time extension from June 30, 2012 to June 30, 2013 for Camino de la Merced Municipal Arterial Program Agreement D13328 with the New Mexico Department of Transportation in the amount of $234,787.00 (Department's share of $176,090.00, Town's share of $58,697.00).  Agreement is for the design, reconstruction and drainage improvements to Camino de la Merced from Paseo del Pueblo Sur (NM 68) to Salazar Rd.  
 

Councilmember Peralta asked what the project entails.  Mr. Espinoza stated the project includes curb, gutter and sidewalks as well as ADA accessibility to the sidewalks.

Councilmember Abeyta made a motion to approve the Resolution 12-22 as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

C. William Morris, AICP, PZB Director
Consideration and approval of Resolution 12-20, seeking authorization from the Town Council for the demolition of the structure located at 1321 Paseo del Pueblo Sur, previously known as the Hacienda Inn.
 

For the record, Mayor Pro Tem Silva stated he will recuse himself from discussion and abstain from the vote, due to a potential conflict of interest.

Mr. Morris stated this building presents an ongoing serious threat to the health, safety and welfare of the citizens of Taos.  He further stated subsequent to approval of this resolution, staff will issue a request for bids for demolition of this structure.

Councilmember Peralta stated he would like to review structural reports, attorneys' opinions and reports from the Fire Marshall to assist him with his decision. He further indicated he is concerned with the Town going into a contract without funding in place. 

Discussion ensued with regard to the resolution's terms, liens on the property and other legalities.

Mr. White stated this resolution is only a process to proceed with demolition of the structure and has no budget implications.  He further stated if the Council desires, the RFP can contain language indicating the award does not constitute a contract.

Councilmember Gonzales made a motion to approve the Resolution 12-20 as presented. Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were:  Councilmembers Abeyta, Peralta and Gonzales. Mayor Pro Tem Silva abstained due to a potential conflict of interest.

D. William Morris, AICP, PZB Director, Tina Torres, Purchasing Agent
Discussion and possible action to award Bid 11-12-17, Building Demolition, to Coronado Wrecking and Salvage Co. Inc. in the amount of $$49,120 excluding NM Gross Receipts Tax.  The purpose of the bid is to obtain demolition services in order to raze the structure at 110 Siler Road, Taos, New Mexico (aka Bigbee building). Bid Opening to be held on Monday, April 23, 2012.
 

For the record, Mayor Pro Tem Silva stated he will recuse himself from discussion and abstain from the vote, due to a potential conflict of interest.

Mr. Morris explained the low bidder was 2 Seven Contracting Inc; however, the bidder made a significant error in their bid and asked to withdraw their bid.  He stated staff's recommendation is to award the bid to Coronado Wrecking and Salvage Co. Inc., the next low bidder, who submitted all the required documents.

Councilmember Abeyta asked how soon the work will begin.  Mr. Morris stated several steps still need to be followed before the work can begin.

A lengthy discussion ensued regarding whether the Town can demolish the building in-house and what the liability would be to do so.  Mr. Espinoza stated he believes the Public Works Department has the manpower to demolish the building; however, he would need to research further to make a determination.

Furthermore, Council discussed the legal ramifications as a result of the lowest bidder withdrawing their bid.  Marietta Fambro, Finance Director, stated she believes state statute indicates the bidder will need to forfeit their bid bond to the Town.  She will have the Procurement Officer research the issue further.

Councilmember Gonzales made a motion to award Bid 11-12-17 to Coronado Wrecking and Salvage Co. Inc. in the amount of $49,120 exclusive of NM Gross Receipts Tax. Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Abeyta, Peralta and Gonzales. Mayor Pro Tem Silva abstained due to a potential conflict of interest.

10. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Establishing the Regional Coalition of LANL Communities
Consideration and approval of a Joint Powers Agreement establishing the Regional Coalition of LANL communities by and among the incorporated County of Los Alamos, the City of Santa Fe, Santa Fe County, the City of Espanola, Rio Arriba County, the Town of Taos and Taos County. 
 

Sharon Stover, Chair of Los Alamos County Council, was present to explain the JPA and address questions.

Mayor Pro Tem Silva made a motion to approve the Joint Powers Agreement as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

B. Executive Session
The Council will adjourn to go into Executive Session to discuss the following:  Limited personnel matters regarding the Interim Town Manager pursuant to NMSA 1978 10-15-1-H(2); and threatened or pending litigation regarding Ignacio Montano and the Town of Taos Chamisa Verde Affordable Housing, pursuant to the Open Meetings Act, NMSA 10-15-1.H (7)
 

Mayor Pro Tem Silva made a motion to go into Executive Session to discuss the following:  Limited personnel matters regarding the Interim Town Manager pursuant to NMSA 1978 10-15-1-H(2); and threatened or pending litigation regarding Ignacio Montano and the Town of Taos Chamisa Verde Affordable Housing, pursuant to the Open Meetings Act, NMSA 10-15-1.H (7).
  

Councilmember Peralta seconded the motion.    The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

 

At 8:41 p.m., Councilmember Gonzales 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, Peralta and Gonzales. 

C. Mayor Cordova
Possible action to be taken to extend the terms of Town of Taos Municipal code 3.84.060: CATEGORIES OF APPOINTMENT, Section 3.
 
Mayor Cordova recommended extending Abigail Adame's term as Interim Town Manager until the position of Town Manager is filled.

Mayor Pro Tem Silva made a motion to approve the item 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, Peralta and Gonzalez.

D. Mayor Cordova
 
Mayor Cordova stated he will be attending the Water Trust Board hearing tomorrow regarding funding in the amount of $1,973,903 for Town of Taos water projects.
E. Councilmember Gonzales
 
Councilmember Gonzales requested an update regarding the graffiti ordinance. Ms. Adame stated the ordinance will come for Council action on May 8, 2012.
11. ADJOURNMENT
  

A motion was made by Councilmember Gonzales and seconded by Mayor Pro Tem Silva to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 9:50 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.