| 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 6:40 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 (arrived at 6:45 p.m.)
Councilmember, Rudy C. Abeyta
Councilmember, Frederick A. Peralta
Councilmember, Andrew T. Gonzales
Youth Councilmember, Sabrina Dominguez
Also present were:
Town Manager, Oscar Rodriguez
Town Attorney, C. Brian James
Town Clerk, Renee Lucero
Absent/Excused was:
Assistant Town Manager, Abigail Adame
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Councilmember Peralta led the audience in the Pledge of Allegiance.
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Councilmember Abeyta 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: Councilmembers Abeyta, Peralta and Gonzales.
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Councilmember Abeyta made a motion to approve the Minutes of June 5, 2012 as presented. Councilmember Peralta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Abeyta, Peralta and Gonzales.
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| 6. AWARDS AND RECOGNITIONS
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Retirement:
Mayor Cordova presented a plaque to Jeannie Hoover-Kitzman, Tourism Coordinator within the Public Affairs and Tourism Department, in appreciation for five (5) years of service to the Town of Taos. Ms. Kitzman has announced her retirement effective June 30, 2012.
Mayor Pro Tem Silva arrived at the meeting.
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| A.
| Amos Torres, Public Utilities Director
Consideration and possible approval of Amendment # 1 to Contract TT-12-109 for Waste Management Inc. of New Mexico, adding an amount of $70,000 exclusive of New Mexico Gross Receipts Tax. Total contract amount is $112,975 exclusive of applicable tax.Contract amendment is needed for the sludge disposal at the Rio Rancho Landfill, which is the only permitted landfill that will accept municipal sludge in the region, making them a sole source. Taos Regional Landfill is in the process of modifying their permit to allow municipal sludge to be disposed there and an application has been submitted to the New Mexico Environment Department. | |
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| Marietta Fambro, Finance Director
Consideration and possible approval of Resolution 12-31 authorizing Oscar Rodriguez, Town Manager, as signature authority for designated bank accounts of the Town of Taos, and removing Abigail Adame, former Interim Town Manager, as signature authority. | |
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| Marietta Fambro, Finance Director
Consideration and possible approval of Resolution 12-30: Budget Adjustment Request to 1) decrease unreserved fund balance in the General Fund by $13,035 and increase interfund transfer to Local Government Correction Fund in the amount of $13,035 to cover the final anticipated costs for the housing of prisoners, 2) increase via interfund transfer from the General Fund to the Local Government Correction Fund by $13,035, 3) Decrease unreserved fund balance in the amount of $14,388 and c) Increase operating expense in the amount $27,423 to cover final anticipated costs through June 20, 2012 for the housing of prisoners. | |
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| Matthew Foster, Long Range Planner
Consideration and approval of a grant application to the New Mexico Finance Authority for the completion of the Interim Community Economic Development Plan. The grant amount requested is $20,000, the maximum amount the Town can request. No Town match is required. | |
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Item 8.A. was removed for further discussion.
Councilmember Peralta made a motion to approve the Consent Agenda as amended. 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.
Item 8.A.
Mayor Pro Tem Silva requested an update as to when Taos Regional Landfill will accept sludge disposal.
Francisco "French" Espinoza, Public Works Director, stated the permit application was submitted about thirteen months ago as required by the New Mexico State Environment Department (NMED). He outlined the lengthy approval process and estimates it will be another fourteen months before the landfill is approved to accept sludge.
Councilmember Peralta asked if the landfill, as it is currently constructed, would meet the requirements to accept sludge. Mr. Espinoza stated the landfill currently meets the requirements to accept sludge; however, the acceptance of sludge will not be admitted until the permit is modified and approved by NMED.
Mayor Pro Tem Silva made a motion to approve Item 8.A. 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 Gonzales.
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| A.
| Marietta Fambro, Finance Director
Review and approval of the Lodger's Tax Agreed Upon Procedures Lodger's Tax receipts collected and remitted to the Town of Taos for FY 2010-2011 prepared by Accounting and Consulting Group. This report is prepared in accordance with Town Code Chapter 4.12.150 - Lodgers Tax Audits and NMSA 1978 Section 3-38-14 - Lodger's Tax Act which requires audits of vendors in municipalities that collect in excess of $250,000 in occupancy tax. | |
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Councilmember Peralta asked what the remedies of non-payment of Lodger's Tax are. Mr. James stated there are several remedies including taking criminal action and placing a lien on the property; it depends on how stern the Town wants to be.
A lengthy discussion ensued regarding establishments who have not paid their lodgers tax.
Mayor Cordova directed staff to develop a policy for the collection of lodgers tax. He believes the Town has been very lenient with lodgers who are not in compliance.
Councilmember Peralta made a motion to accept the Lodger's Tax Agreed Upon Procedures, Lodger's Tax receipts collected and remitted to the Town of Taos for FY 2010-2011 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.
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Councilmember Gonzales made a motion to approve the road closure 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.
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| A.
| William Morris, AICP, PZ&B Director
Discussion and possible adoption of Ordinance 12-09 providing for an expedited subdivision of land to facilitate family transfers of property between limited family members. (This Ordinance was continued from the Regular Town Council Meeting on June 12, 2012). | |
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Mr. Morris presented Ordinance 12-09 to the Mayor and Council. Mr. Morris proposed the following language in order to address Council's concerns with respect to the definition of immediate family members:
"The transfer of property can only be made from a grantor to an immediate family member, specifically, "immediate family member" shall include a husband, wife, father, stepfather, mother, stepmother, brother, stepbrother, sister, stepsister, son, stepson, daughter, stepdaughter, grandson, step grandson, granddaughter, step granddaughter, nephew and niece.
Birth certificates or any other reasonable documentation to show relationship to the claimed persons shall be submitted as part of the application. Baptismal certificates are not acceptable documentation."
Councilmember Peralta stated, in the future, he would like to see the attorney's opinion included as part of the agenda packet. Mr. James stated his opinion is the Council's privilege and it is their decision whether to disclose it.
Mr. James further stated he reviewed the proposed language which has been through the New Mexico Court of Appeals. He recommends approval of the proposed language.
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.
Mayor Pro Tem Silva made a motion to approve Ordinance 12-09 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.
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| 11. MATTERS FROM THE TOWN MANAGER
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Mr. Rodriguez stated, due to the current state of the economy, the budget message is fairly simple in that there is not a lot of money to work with. He explained the General Fund budget is approximately $162,000 less than last year and the overall budget is approximately $800,000 less than last year. He further explained all budgets experienced significant cuts, with the exception of the Police Department which will receive a 5% increase due to the salary adjustments approved by Council in January, 2012. He emphasized that streamlining the budget enabled the Town to comply with the state's mandated minimum reserve requirement of 8.3% and a balance of $118,066 in excess revenues.
Mr. Rodriguez continued and stated despite the current economic constraints, the proposed budget covers the community's needs for essential services and provides for a safe and productive work environment for the Town's employees. At this time he does not recommend moving forward with pay increases until it is determined whether revenue trends will increase; however, if the Council decides to move forward with pay increases or the one time lump sum benefit, it could be covered with excess revenues which would leave a balance of $20,000 for restoring funding for other projects which were previously cut during the budget process.
Mayor Cordova stated he agrees with Mr. Rodriguez's recommendation not to move forward with pay increases.
Councilmember Peralta stated he believes salaries should be increased by more than 25 cents per employee because employees have not seen salary increases for so long. He requested that the issue be seriously considered in six months.
A lengthy discussion ensued regarding increasing the Taos Sports Alliance (TSA) contract from $75,000 to $99,000; using funding from the advertising budget to fund TSA or other projects, and addressing the collection of franchise fees and lodgers tax to generate revenues. Additionally, Mayor Cordova, Mayor Pro Tem Silva and Councilmember Peralta stated they would not attend out of state conferences in an effort to fund other projects and programs.
Mr. Rodriguez stated there will be no changes to the budget at this moment; however, he will bring back a proposal to fund other programs and/or projects in November, 2012.
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| B.
| Resolution 12-35
Approval of Resolution 12-35; Budget Policies for Fiscal Year 2012-2013. | |
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Mr. Rodriguez stated the Budget Policies have remained the same as previous years; however, he pointed out that, beginning in August, 2012, each department will be reviewed by the Council in an effort for Council to understand their functions and to provide feedback on the department's goals for the next year. Upon the review of the Finance Department, Mr. Rodriguez stated he will make recommendations to modify both the Budget Policies and Fund Balance Policy in preparation for fiscal year 2012-2013.
Councilmember Abeyta made a motion to approve Resolution 12-35 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.
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Mayor Pro Tem Silva made a motion to approve Resolution 12-36 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.
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| D.
| Resolution 12-37
Approval of Resolution 12-37; Capital Improvements Program for Fiscal Year 2012-2013. | |
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Councilmember Peralta made a motion to approve Resolution 12-37 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.
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| E.
| Resolution 12-38
PUBLIC HEARING: Approval of Resolution 12-38; Annual Operating Budget for Fiscal Year 2012-2013. | |
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Ms. Fambro reviewed the Annual Budget and stated the total revenues are $39,460,880 and the total expenditures are $32,839,381. She stated expenditures may change depending on Council's decision whether to fund additional projects and/or programs.
Public Opinion
Mayor Cordova opened the public hearing.
Mark Yaravitz, representative of Taos Sports Alliance (TSA), stated he is uncertain how TSA will successfully operate and manage Taos Eco Park with $75,000. A lengthy discussion ensued regarding the funding of $75,000 allocated toward TSA and the possibility of using a portion of the marketing money to market the Eco Park. Mayor Cordova suggested that TSA submit a plan as to how they propose to market the Eco Park.
After closing the public hearing, Mayor Cordova asked for questions from the Council.
Mayor Pro Tem Silva made a motion to approve Resolution 12-38 as presented. Councilmember Peralta seconded the motion.
For discussion, Councilmember Abeyta requested that the budget be revisited at a later date to possibly approve the one time lump sum benefit as well as to evaluate TSA's contract.
The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales.
The Mayor and Council thanked Ms. Fambro and Mr. Rodriguez for their hard work in preparing the budget.
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| 12. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
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Mayor Cordova asked Administrative Fire Chief, Eric Montoya, for an update as to whether the 4th of July Fireworks Display will still be conducted given the drought conditions.
Chief Montoya stated at this time he recommends moving forward with the fireworks display as a preventive measure to allow citizens to go to the display rather than buying their own fireworks. He stated he will continue watching weather conditions as the display approaches.
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| B.
| Councilmember Gonzales | |
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Councilmember Gonzales briefed the Mayor and Council on the National Association of Latino Elected and Appointed Officials Annual Conference which was recently held in Florida.
Councilmember Gonzales also asked Chief Hogrefe to update the Council on the recent increase in thefts. Chief Hogrefe stated arrests are being made and a public awareness campaign has been started.
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A motion was made by
Councilmember Peralta and seconded by Councilmember Gonzales to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 8:42 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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