Meetings
 

AGENDA
May 22, 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. April 24, 2012 Regular Meeting Minutes
B. May 1, 2012 Special Meeting Minutes
7. AWARDS AND RECOGNITIONS
A. Oath of Office for Newly Appointed Town Manager
Oath of Office for Town Manager: Judge Jim Fambro will administer the Oath of Office to Town Manager, Oscar Rodriguez.
B. Presentation of Certificates of Achievement
Mayor Cordova will present Certificates of Achievement to Haley Stokas, Nate Sechrist and River Chalker who were chosen to represent New Mexico at the USA Hockey Divisional Tryouts.  USA Hockey has a process called the National Player Development Camp. The purpose is to mark the development of the nation’s most talented young players and identify the best players in the nation to make up the United States National Team – Team USA.
C. Presentation of Certificates of Achievement
Mayor Cordova will present Certificates of Achievement to the Taos Track Team who were District Champions this year.  It has been 25 years since the Taos Track Team was named District Champions. 
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. Loretta A. Trujillo, Human Resources Director
Consideration and Approval of Resolution 12-26; Waiving the provisions of Town Code 3.80.070 with respect to the hiring of an immediate family member of a current Town of Taos employee.  The Town proposes to hire Virgil Vigil Jr. as a Lifeguard (temporary status) within the Recreation Department/Pool Division.  Mr. Vigil is the son of Town employee Virgil Vigil who works in the Police Department.  The employment of Virgil Vigil Jr. will not create a direct or indirect supervisor/subordinate relationship, a conflict of interest, or the appearance of a conflict of interest. 
B. Loretta A. Trujillo, Human Resources Director
Consideration and Approval of Resolution 12-27; Waiving the provisions of Town Code 3.80.070 with respect to the hiring of an immediate family member of a current Town of Taos employee.  The Town proposes to hire Justine Sandoval as a Lifeguard (temporary status) within the Recreation Department/Pool Division.  Ms. Sandoval is the granddaughter of town employee Henry Sandoval who works in the Public Works Department\Transportation Division.  The employment of Justine Sandoval will not create a direct or indirect supervisor/subordinate relationship, a conflict of interest, or the appearance of a conflict of interest.
C. Marietta Fambro, Finance Director
Approval of Resolution 12-28 Budget Adjustment Request: 1) Airport Construction Fund (52) - Increase grant revenues from the NMDOT - Aviation Division in the amount of $4,485 and Town Match - $499 coming from unreserved fund balance and increase expenditures in the amount of $4,984 to purchase consumable maintenance items for the Taos Regional Airport, (52-new-43001).
D. Mayor Cordova
Possible action to be taken to extend the terms of Town of Taos Municipal Code 3.84.060: CATEGORIES OF APPOINTMENT, Section B-3: INTERIM APPOINTMENT, for the position of Interim Police Chief.  Town of Taos Municipal Code 3.84.060 (B-3) allows for an interim appointment for a period not to exceed six (6) months. Jerry Hogrefe was appointed to the position of Interim Chief of Police on January 1, 2012; the six month appointment will expire on May 31, 2012.  This action will allow for Mayor Cordova to extend Mr. Hogrefe's interim appointment until a new Police Chief is hired.  The Town is currently in the process of reviewing the fourteen (14) applications received and will move forward with hiring a Police Chief as soon as possible.
E. Francisco "French" Espinoza, Public Works Director
Consideration and approval of MOA TT-12-261 between the Town of Taos and NMDOT in the amount of $230,000. The MOA will allow the Transit Division to purchase replacement vehicles for equipment that has met or exceeds the allowed age of 7 years and/or 150,000 miles. The Transit Division plans to purchase two (2) replacement 28 passenger vehicles. The Federal Match is $184,000 and Town Match is $23,000 per vehicle. This MOA will expire on March 31, 2014 giving the Town the opportunity to budget for these purchases accordingly through Fiscal Year 2012-13 and Fiscal Year 2013-14. Upon receipt of the new vehicles, the old vehicles will be disposed of in accordance with the grant management requirements and will be returned to FTA. 
10. PUBLIC HEARINGS
A. William Morris, AICP, PZ&B Director, Amos Torres, Utilities Director
Consideration and approval of Ordinance 12-04; An Ordinance modifying Section 13.04.160, Sections 13.08.080 thru 13.08.110, and Sections 13.08.120 thru 13.08.180.  These sections address water and sewer connections to the Town's utilities systems, as well as how private wells in the Town may be operated. (Item continued from 3-13-12 Regular Meeting)
B. William Morris, AICP, PZ&B Director
Consideration and approval of Ordinance 12-09 which would create a new section, 16.24.035 Family Transfers, within the Unified Land Development Code.  This section would provide for a specific exemption to the subdivision code consistent with Exemption 9 to the New Mexico Subdivision Act.  The intent is to provide for a simplified means of transferring property from parents to children, while still ensuring that provisions for utility and access easements are maintained.
11. MATTERS FROM STAFF
A. William Morris, AICP, PZ&B Director, Amos Torres, Utilities Director
Workshop to discuss potential changes to Section 13.04.160, Sections 13.08.080 thru 13.08.110, and Sections 13.08.120 thru 13.08.180. These sections address water and sewer connections, as well as how private wells in the Town may be operated.  The intent of a Council Workshop with Town staff would be to review the proposed amendments with Council ahead of any Public Hearing for adoption.

Potential changes to Section 13.04.160 addresses the continued use of private wells in the Town of Taos. The primary intent is to require that private wells be decommissioned after a property connects to the Town's water system, or request that the well be converted for agricultural purposes.

Potential changes to Sections 13.08.080 Thru 13.08.110 addresses potable water connections. The proposed amendments include requirements for mandatory hookups when within 200 feet of a water line. In addition, these amendments create deadlines for connections required for properties both inside the Town limits, as well as for newly annexed parcels.

Potential changes to Section 13.08.120 Thru 13.08.180 addresses sewer hook-ups. As with the water section above, the proposed amendments include requirements for mandatory hookups when within 200 feet of a sewer line, as well as mandatory decommissioning of septic tanks.  In addition, these amendments create deadlines for connections for properties both inside the Town limits, as well as for newly annexed parcels. 
12. TOWN MANAGER'S REPORT
13. MATTERS FROM THE MAYOR AND COUNCIL
14. MATTERS AND REPORTS FROM THE MAYOR
15. MATTERS AND REPORTS FROM THE COUNCIL
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
May 22, 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 6:36 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:      
Town Manager, Oscar Rodriguez
Assistant Town Manager, Abigail Adame
Contract Attorney, Robert White
Paralegal, Cyndee Spray (attended on behalf of Renee Lucero, Town Clerk)

Absent/Excused was:
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 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. 

5. APPROVAL OF MINUTES
A. April 24, 2012 Regular Meeting Minutes
 

Councilmember Abeyta made a motion to approve the Minutes of April 24, 2012 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. 

B. May 1, 2012 Special Meeting Minutes
 

Councilmember Gonzales made a motion to approve the Minutes of May 1, 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. Presentation of Certificates of Achievement
Mayor Cordova presented Certificates of Achievement to Haley Stokas, Nate Sechrist and River Chalker who were chosen to represent New Mexico at the USA Hockey Divisional Tryouts.  USA Hockey has a process called the National Player Development Camp. The purpose is to mark the development of the nation’s most talented young players and identify the best players in the nation to make up the United States National Team – Team USA.
B. Presentation of Certificates of Achievement
Mayor Cordova presented Certificates of Achievement to the Taos Track Team who were District Champions this year.  It has been 25 years since the Taos Track Team was named District Champions. 
C. Oath of Office for Newly Appointed Town Manager
  Oath of Office for Town Manager: Judge Jim Fambro administered the Oath of Office to Town Manager, Oscar Rodriguez.

Mayor Cordova thanked staff and especially the Assistant Town Manager, Abigail Adame, for doing an exceptional job during the transition of recruiting a new Town Manager.

Mr. Rodriguez thanked the Mayor and Council for the confidence they have placed in him.  He further stated he looks forward to living in Taos and being a part of the community.  He assured the Council that he will work hard to repay their confidence.
7. CITIZENS FORUM
A. Citizens wishing to speak shall limit their comments to 5 minutes or less at the Mayor's discretion. No action may be taken.
B. Contract TT-13-94 with Taos County Adult Detention Center
Consideration and possible approval of Contract TT-13-94 between the Town of Taos and Taos County Adult Detention Center for the housing of inmates in the amount of $110,000 and will expire June 30, 2013.  This contract is allocated in the Local Government Protection Fund.
8. CONSENT AGENDA
A. Loretta A. Trujillo, Human Resources Director
Consideration and Approval of Resolution 12-26; Waiving the provisions of Town Code 3.80.070 with respect to the hiring of an immediate family member of a current Town of Taos employee.  The Town proposes to hire Virgil Vigil Jr. as a Lifeguard (temporary status) within the Recreation Department/Pool Division.  Mr. Vigil is the son of Town employee Virgil Vigil who works in the Police Department.  The employment of Virgil Vigil Jr. will not create a direct or indirect supervisor/subordinate relationship, a conflict of interest, or the appearance of a conflict of interest. 
B. Loretta A. Trujillo, Human Resources Director
Consideration and Approval of Resolution 12-27; Waiving the provisions of Town Code 3.80.070 with respect to the hiring of an immediate family member of a current Town of Taos employee.  The Town proposes to hire Justine Sandoval as a Lifeguard (temporary status) within the Recreation Department/Pool Division.  Ms. Sandoval is the granddaughter of town employee Henry Sandoval who works in the Public Works Department\Transportation Division.  The employment of Justine Sandoval will not create a direct or indirect supervisor/subordinate relationship, a conflict of interest, or the appearance of a conflict of interest.
C. Marietta Fambro, Finance Director
Approval of Resolution 12-28 Budget Adjustment Request: 1) Airport Construction Fund (52) - Increase grant revenues from the NMDOT - Aviation Division in the amount of $4,485 and Town Match - $499 coming from unreserved fund balance and increase expenditures in the amount of $4,984 to purchase consumable maintenance items for the Taos Regional Airport, (52-new-43001).
D. Mayor Cordova
Possible action to be taken to extend the terms of Town of Taos Municipal Code 3.84.060: CATEGORIES OF APPOINTMENT, Section B-3: INTERIM APPOINTMENT, for the position of Interim Police Chief.  Town of Taos Municipal Code 3.84.060 (B-3) allows for an interim appointment for a period not to exceed six (6) months. Jerry Hogrefe was appointed to the position of Interim Chief of Police on January 1, 2012; the six month appointment will expire on May 31, 2012.  This action will allow for Mayor Cordova to extend Mr. Hogrefe's interim appointment until a new Police Chief is hired.  The Town is currently in the process of reviewing the fourteen (14) applications received and will move forward with hiring a Police Chief as soon as possible.
E. Francisco "French" Espinoza, Public Works Director
Consideration and approval of MOA TT-12-261 between the Town of Taos and NMDOT in the amount of $230,000. The MOA will allow the Transit Division to purchase replacement vehicles for equipment that has met or exceeds the allowed age of 7 years and/or 150,000 miles. The Transit Division plans to purchase two (2) replacement 28 passenger vehicles. The Federal Match is $184,000 and Town Match is $23,000 per vehicle. This MOA will expire on March 31, 2014 giving the Town the opportunity to budget for these purchases accordingly through Fiscal Year 2012-13 and Fiscal Year 2013-14. Upon receipt of the new vehicles, the old vehicles will be disposed of in accordance with the grant management requirements and will be returned to FTA. 
 

Councilmember Peralta made a motion to approve the Consent Agenda 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. 

Councilmember Peralta requested that personnel items such as item 8.D. be placed on the Regular Agenda rather than the Consent Agenda.

9. MATTERS FROM STAFF
A. William Morris, AICP, PZ&B Director, Amos Torres, Utilities Director
Workshop to discuss potential changes to Section 13.04.160, Sections 13.08.080 thru 13.08.110, and Sections 13.08.120 thru 13.08.180. These sections address water and sewer connections, as well as how private wells in the Town may be operated.  The intent of a Council Workshop with Town staff would be to review the proposed amendments with Council ahead of any Public Hearing for adoption. Potential changes to Section 13.04.160 addresses the continued use of private wells in the Town of Taos. The primary intent is to require that private wells be decommissioned after a property connects to the Town's water system, or request that the well be converted for agricultural purposes. Potential changes to Sections 13.08.080 Thru 13.08.110 addresses potable water connections. The proposed amendments include requirements for mandatory hookups when within 200 feet of a water line. In addition, these amendments create deadlines for connections required for properties both inside the Town limits, as well as for newly annexed parcels. Potential changes to Section 13.08.120 Thru 13.08.180 addresses sewer hook-ups. As with the water section above, the proposed amendments include requirements for mandatory hookups when within 200 feet of a sewer line, as well as mandatory decommissioning of septic tanks.  In addition, these amendments create deadlines for connections for properties both inside the Town limits, as well as for newly annexed parcels. 
 Mr. Morris presented a Power Point Presentation.  He stated the current ordinance does not include a time frame for properties within 300 feet of a service line to connect to Town water or sewer.  He further stated there is no consideration for connecting newly annexed areas which have incurred well and septic costs and mandatory connections to water are based on wells going bad and not on the ability to connect to service lines.  He explained the new ordinance addresses these issues and also requires the decommissioning of wells and septic systems.  Furthermore, he discussed the hardship provisions within the proposed ordinance wherein applicants can request deferment of connections and the Council can approve, deny, or defer the requirement to connect at some point in the future.

A lengthy discussion ensued regarding the requirement of connecting to Town water if the property line is within 300 feet of a water line.  Council also discussed whether the mandatory hook up period should be increased to fifteen years for all property owners whether or not the property has been recently annexed.

With regard to sewer connections, Mr. Morris stated newly annexed properties shall be required to hook up to Town sewer within ten years of the recordation of the annexation.  Furthermore, Mr. Morris stated vacant parcels which have been annexed should be required to connect at the time of construction if located within 300 feet of a sewer line. Additionally, Mr. Morris explained septic tanks, vaults and cesspools would be required to be decommissioned.

A lengthy discussion ensued regarding the ten year requirement.  Councilmember Abeyta expressed the requirement should be three years instead.   Further discussion ensued regarding the financial hardship property owners could face while trying comply.  Additionally, Council discussed their concern about how the ordinance will be enforceable.
10. PUBLIC HEARINGS
A. William Morris, AICP, PZ&B Director, Amos Torres, Utilities Director
Consideration and approval of Ordinance 12-04; An Ordinance modifying Section 13.04.160, Sections 13.08.080 thru 13.08.110, and Sections 13.08.120 thru 13.08.180.  These sections address water and sewer connections to the Town's utilities systems, as well as how private wells in the Town may be operated. (Item continued from 3-13-12 Regular Meeting)
  Public Opinion
Mayor Cordova opened the public hearing. 

- Bob Draper was sworn in and stated he does not support decommissioning of wells.  He explained wells are very expensive to drill and his well is permitted through the state.  He believes wells are a very valuable property right.

- Bjorn Helverson was sworn in and stated he agreed with Mr. Draper's remarks.

- John Burst was sworn in and expressed his concerns about the financial hardships that citizens could face as a result of this ordinance.

- Lillian Trujillo was sworn in and stated she uses her well for gardening and plans to make improvements to the well.  She is concerned about investing in improvements knowing the Town could pass this ordinance and require her to decommission the well.

Councilmember Peralta stated he believes if a well collapses or becomes non-functional the Town would require a property owner to hook up to Town water; however, he also believes a property owner should be allowed to have potable water to be used for irrigation.

Councilmember Abeyta stated there will be property owners who will hook up to Town water for their own convenience and others who will want to stay on their wells.  He believes they should be allowed to do so.

- Stephens Hall was sworn in and asked whether there have been any communications with state offices concerning the sufficiency of Town ordinances affecting recent annexations.  Mayor Cordova stated there have been no discussions with state offices; however, the Town does ensure compliance with the law.

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

Councilmember Peralta made a motion to table Ordinance 12-04 until changes have been made based on today's discussions and public input. 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.   

Mayor Cordova directed staff to bring back a new ordinance within ninety days and define both the water and sewer sections as clearly as possible.

Mr. Rodriguez asked if the direction of the Council is to provide two separate ordinances; one for water and one for sewer.  Councilmember Peralta stated he does not believe it is necessary to provide two separate ordinances.

Councilmember Peralta also requested that staff provide several options and recommendations for Council to consider. 
B. William Morris, AICP, PZ&B Director
Consideration and approval of Ordinance 12-09 which would create a new section, 16.24.035 Family Transfers, within the Unified Land Development Code.  This section would provide for a specific exemption to the subdivision code consistent with Exemption 9 to the New Mexico Subdivision Act.  The intent is to provide for a simplified means of transferring property from parents to children, while still ensuring that provisions for utility and access easements are maintained.
 

Mr. Morris presented Ordinance 12-09 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.

Discussion ensued regarding the definition of immediate family members.  The Mayor and Council expressed a desire to include additional family members in the Ordinance.

Councilmember Abeyta made a motion to continue Ordinance 12-09 to the Regular Town Council Meeting on June 12, 2012. 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. 

11. MATTERS FROM THE TOWN ATTORNEY
A. Youth Councilmember
B. Resolution 12-01C
Consideration and possible approval of Resolution 12-01C.  This is the third amendment to Resolution 12-01 - Open Meetings Resolution.  The only amendment made by this Resolution shall be that the Quarterly Citizens’ Forums will no longer be held due to the significant decrease in attendees since changing the time of Council Meetings from 1:30 p.m. to 6:30 p.m.
C. Resolution 12-01C
12. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Councilmember Peralta
 
Councilmember Peralta stated he has met with representatives of Los Alamos National Laboratories and has asked them to do independent research regarding the cost to move dispatch to the Command Center.  He stated this will assist the Council with their decision.  Additionally, he stated there will be no input from any outside agencies including vendors.
B. Councilmember Abeyta
 
Councilmember Abeyta asked Ms. Adame for an update regarding demolition of the Bigbee building.  Ms. Adame stated the demolition is scheduled to be reviewed by the Development Review Committee next week and the building will be demolished one to two weeks thereafter.
C. Youth Councilmember Espinoza
 
Youth Councilmember Espinoza stated if anyone wants information regarding her documentary they may reach her by email or on Facebook.
D. Mayor Cordova
 
Mayor Cordova stated he plans to have a" Community Meet and Greet" with Mr. Rodriguez once he is settled in his new job.
13. ADJOURNMENT
  

A motion was made by Councilmember Gonzales and seconded by Councilmember Abeyta to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 8:46 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.