Meetings
 

AGENDA
March 25, 2014
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
6:30 PM

 
 
1. CALL TO ORDER BY THE HONORABLE MAYOR DANIEL R. BARRONE
2. ROLL CALL
3. PLEDGE OF ALLEGIANCE
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
6. APPROVAL OF MINUTES
A. February 25, 2014 Regular Meeting Minutes
B. March 5, 2014 Canvassing/Swearing In Meeting
7. AWARDS AND RECOGNITIONS
A. Recognition of Taos High School Wrestling Team
Mayor Barrone will present certificates of recognition to the Taos High School Wrestling team; District Champions 2013-2014.
8. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
9. PUBLIC HEARINGS
A. Ordinance 14-06
Consideration and possible approval of Ordinance 14-06 repealing Town of Taos Ordinance 10-05 authorizing a lease agreement for 501 Sunset Drive Lot 8, Chamisa Verde Subdivision in its entirety.
10. MATTERS FROM STAFF
A. Request for Waiver for Liquor License Application
Consideration and possible conditional approval to grant a waiver to Bennina Roybal, owner of Bella Rhiannon LLC, for a beer and wine license application due to the proposed establishment being located within 300 feet from Our Lady of Guadalupe Church. Conditional approval will be subject to the approved application and public hearing process required by New Mexico Alcohol and Gaming Division.
B. 2012 New Mexico State Library General Obligation Bond Grant
Consideration, possible approval and acceptance of the 2012 General Obligation Bond grant from New Mexico State Library in the amount of $31,861.
C. San Juan Project Repayment Contract No. 14-WC-40-532
Consideration and possible approval of Contract No. 14-WC-40-532 for the San-Juan Chama Project Repayment Contract between the Town of Taos and the United States of America, Department of the Interior, Bureau of Reclamation to lease the use of its 2014 San Juan-Chama Project water allocation up to 766-acre-feet.
D. Financial Update
Presentation of the monthly financial report for the period ending February, 2014.
E. Date for Joint Town/County Meeting
Discussion regarding date for Joint Town/County Meeting - and potential matters to be discussed.
11. TOWN MANAGER'S REPORT
12. MATTERS FROM THE MAYOR AND COUNCIL
A. Appointment to Taos County Economic Development Corporation Board
Consideration and possible appointment of a governing body member to serve on the Taos County Economic Development Corporation Board of Directors.
B. Appointment to Taos County Intergovernmental Council
Consideration and possible appointment of a governing body member and an alternate to serve on the Taos County Intergovernmental Council.
C. Appointment to Taos Regional Landfill Board
Consideration and possible appointment of a governing body member and an alternate to serve on the Taos Regional Landfill Board.
D. Appointment to Taos Health Study Committee
Consideration and possible appointment of Town delegate and alternate to Taos Health Study Committee.
E. Landlocked Properties Adjacent to Airport
Discussion, direction to staff and possible action regarding several landlocked properties adjacent to Taos Regional Airport.
F. PERSONNEL MATTERS- Discussion, consideration, and decisions regarding the following: (Executive and Public Session) Informational Items/Action Items
  1. Discussion, consideration and decisions regarding the former Town Attorney and the former Town Manager. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters. Discussions surrounding the former Town Manager and former Town Attorney may also invoke Open Meetings Act exemption 10-15-1(H)(7), which allows for discussion of pending or threatened litigation.
  2. Discussion, consideration and decisions regarding the Town Manager position. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters.
  3. Discussion, consideration and decisions regarding the Town Attorney position. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters.
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
March 25, 2014
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
6:30 PM

 
 
1. CALL TO ORDER BY THE HONORABLE MAYOR DANIEL R. BARRONE
2. ROLL CALL
  Ms. Renee Lucero, Town Clerk, called roll and a quorum was present.  

Those present were:      
Mayor, Daniel R. Barrone      
Mayor Pro Tem, Frederick A. Peralta
Councilmember, Andrew T. Gonzales           
Councilmember, George “Fritz” Hahn
Councilmember, Judith Y. Cantu       
Youth Councilmember, Michael Landgraf

Also present were:      
Town Manager, Richard Bellis
Assistant Town Manager, Abigail Adame
Town Attorney, Jacob Caldwell
Town Clerk, Renee Lucero
3. PLEDGE OF ALLEGIANCE
  Councilmember Peralta led the audience in the Pledge of Allegiance.
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
  Item 11.E regarding landlocked properties adjacent to Taos Regional Airport was moved to Item 9.B.

Councilmember Gonzales made a motion to approve. Councilmember Hahn seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
6. APPROVAL OF MINUTES
A. February 25, 2014 Regular Meeting Minutes
 Item Result:Approved
 Councilmember Hahn made a motion to approve. Councilmember Peralta seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
B. March 5, 2014 Canvassing/Swearing In Meeting
 Item Result:Approved
 Councilmember Gonzales made a motion to approve. Councilmember Cantu seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
7. AWARDS AND RECOGNITIONS
A. Recognition of Taos High School Wrestling Team
 On behalf of the governing body, Youth Councilmember Michael Landgraf presented certificates of recognition to the Taos High School Wrestling Team for achieving District Championships.  He thanked the wrestlers for their hard work and dedication and for representing Taos. Mayor Barrone also thanked the coaches and parents for supporting these student athletes.
8. CITIZENS FORUM
 

The following individuals spoke during Citizens Forum:

  • Paul Figueroa, Vice President of Taos Arts Council, explained the Taos Arts Council is a relatively new nonprofit organization that serves art organizations and artists in Taos.  He further stated Taos Arts Council received a grant this year, and part of the grant requirement is to ensure that there are arts in public spaces.  Currently the art show at Town Hall is exhibiting "Weaving Southwest" and the next show will exhibit emerging artists in Taos. 
  • Rich Nichols reiterated his desire to have the Annual Blood Drive return to Holy Cross Hospital. Mayor Barrone stated the organizers of the last blood drive applied to have it at Town Hall; however, another blood drive can be held at the hospital.
  • Jeff Northrup stated he believes the blood drive was moved for political reasons.  He also discussed the need to beautify Paseo del Pueblo Norte and Paseo del Pueblo Sur using Town employees to clean and requesting that local hardware stores make it inexpensive for business owners to clean up.
  • Ellen Archuleta stated she has dealt with Planning and Zoning issues for several years and she is concerned that certain ordinances need to be updated such as the ordinance that deals with hoarding issues.  She believes the Town could use Santa Fe's ordinance on hoarding as a guide.  She also would like to see neighborhood associations be involved. Additionally, she encouraged the Town to provide a wellness program for employees.  Mayor Barrone directed Ms. Archuleta to meet with Mr. Bellis on these issues.

9. PUBLIC HEARINGS
A. Ordinance 14-06
Consideration and possible approval of Ordinance 14-06 repealing Town of Taos Ordinance 10-05 authorizing a lease agreement for 501 Sunset Drive Lot 8, Chamisa Verde Subdivision in its entirety.
 Item Result:Approved
 Morris Madrid, Human Resources Director, presented Ordinance 14-06 to the Mayor and Council and stated this is the final step in housekeeping of the ordinance and resolution pertaining to the 501 Sunset Drive lease agreement.

Councilmember Peralta made a motion to approve. Councilmember Hahn seconded the motion.

Mayor Barrone inadvertently did not open the public hearing and requested that the motion be recalled to allow for the public hearing.

Councilmember Peralta recalled his motion to approve. Councilmember Hahn seconded the motion. The motion was Passed. Those voting AYE were: Councilmembers: Gonzales, Cantu, Hahn, Peralta.

Public Opinion
Mayor Barrone opened the public hearing.  No one came forward.

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

Councilmember Peralta made a motion to approve. Councilmember Hahn seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
B. Landlocked Properties Adjacent to Airport
Discussion, direction to staff and possible action regarding several landlocked properties adjacent to Taos Regional Airport.
 Councilmember Hahn expressed his concern about several properties at Taos Regional Airport that are landlocked and must be addressed.  He requested that staff collaborate with property owners and bring a solution back to council.

Sam Martinez, on behalf of the Patricio Martinez Estate, stated there are multiple landowners who have tried to address these issues for several years.  Some issues have been addressed, but not all. He further stated getting an easement to the landlocked properties would be a benefit to the landowners. 

Toby Martinez, brother to Sam Martinez, stated agencies such as the Forest Service and Bureau of Land Management have expressed interest in purchasing property near the airport to assist with firefighting efforts.

Mr. Caldwell stated he will evaluate this situation and asked Mr. Martinez to provide as much information as possible so that he can determine if there are any remedies available.
 
Mr. Bellis stated there are options on the table and the Town and County need to collaborate to address these issues.
10. MATTERS FROM STAFF
A. Request for Waiver for Liquor License Application
Consideration and possible conditional approval to grant a waiver to Bennina Roybal, owner of Bella Rhiannon LLC, for a beer and wine license application due to the proposed establishment being located within 300 feet from Our Lady of Guadalupe Church. Conditional approval will be subject to the approved application and public hearing process required by New Mexico Alcohol and Gaming Division.
 Mr. Caldwell explained the importance of the governing body not engaging in discussion on liquor licenses prior to the public hearing.  He explained the normal process is the Town Clerk schedules a public hearing for consideration of liquor licenses and waivers upon receiving preliminary approval from the Alcohol and Gaming Division.

Ms. Lucero stated the applicant indicated she was directed by the hearing officer from Alcohol and Gaming Division to attempt to get a waiver from the local governing body at the beginning of the application process because application fees are nonrefundable and can cost approximately $1,400.  Ms. Lucero further stated she emphasized to the applicant that if the governing body does act on the waiver at this time, it would not be final because they would need to consider it again during the public hearing, which will be scheduled after the Town receives preliminary approval from Alcohol and Gaming Division.  Additionally, Ms. Lucero stated she contacted the hearing officer for the case and was told the local governing body is not required under state statutes to give conditional approval of the waiver.

Mayor Barrone directed the applicant to coordinate with the Alcohol and Gaming Division and Town staff on the application process prior to the Town holding the public hearing.

NO ACTION WAS TAKEN.

B. 2012 New Mexico State Library General Obligation Bond Grant
Consideration, possible approval and acceptance of the 2012 General Obligation Bond grant from New Mexico State Library in the amount of $31,861.
 Shirley Fernandez, Library Director, stated this General Obligation Bond was passed by the voters of New Mexico in 2012 and this is the share that Taos Public Library was awarded. She further stated there is no Town match requirement.
C. San Juan Project Repayment Contract No. 14-WC-40-532
Consideration and possible approval of Contract No. 14-WC-40-532 for the San-Juan Chama Project Repayment Contract between the Town of Taos and the United States of America, Department of the Interior, Bureau of Reclamation to lease the use of its 2014 San Juan-Chama Project water allocation up to 766-acre-feet.
 Councilmember Peralta stated the Town has been leasing these water rights for approximately twenty years.  He further stated the lease allows others to use the water since the Town is not using it. 
D. Financial Update
Presentation of the monthly financial report for the period ending February, 2014.
 Marietta Fambro, Finance Director, provided the monthly financial report for the period ending February, 2014 as follows:

Revenues - Gross Receipts Tax - February's taxes were up 9.88% over 2012-2013. The total year-to-date growth is 4.82% over 2012-2013. Staff has projected a 1.8% increase in Gross Receipts Tax revenues through the end of the fiscal year. Year-to-date, actual combined revenue from all sources in the general fund are higher than the anticipated budget by 4.9%.  The Finance Department continues to analyze these revenues on a monthly basis.

Expenditures
– Year to date, actual department expenditures are 1.8% higher than the anticipated budget.

Ending Balance – The projected ending balance is $1,468,362 which exceeds the Town’s reserve requirement of 30 days by an additional 20 days, for a total reserve of 50 days.
E. Date for Joint Town/County Meeting
Discussion regarding date for Joint Town/County Meeting - and potential matters to be discussed.
 Item Result:Approved
 Mr. Bellis stated a joint meeting between the Town and the County has been proposed for April 8, 2014 with the following items for discussion: E-911/Combined Dispatch, Taos Regional Airport, Jail Placements and Per Diem Costs, Taos Main Street/Taos Arts and Cultural District, County Complex Water Rights Payment, Camino del Medio Improvements, Planning and Building, New Mexico Department of Transportation Corridor Study and the Old County Courthouse.

Councilmember Peralta stated he is concerned about the dispatch issue because he was hoping to get a proposed Joint Powers Agreement (JPA) from Taos County so that he can review it prior to the meeting. Mr. Bellis assured Councilmember Peralta that Robert Malone, Taos County Attorney, is working on the JPA and his goal is to have an agreement based on suggestions by both parties.  Mayor Barrone directed Mr. Bellis to provide the JPA to the Council prior to the meeting.

Mayor Barrone also requested that an item be added for both entities to discuss economic development.  Additionally, Councilmember Gonzales requested that Camino del Medio Improvements be moved to the beginning of the agenda.

Councilmember Peralta recommended holding the meeting on April 10, 2014.

Councilmember Peralta made a motion to approve. Councilmember Gonzales seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
11. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Taos Short Film Festival
 Mayor Barrone stated he attended the Taos Short Film Festival which was held over the weekend.  He stated it was a great opportunity to learn about the acequias.
B. Appointment to Taos County Economic Development Corporation Board
Consideration and possible appointment of a governing body member to serve on the Taos County Economic Development Corporation Board of Directors.
 Item Result:Approved
 Discussion ensued regarding the Council's responsibilities when they are appointed to boards and committees.  Councilmember Hahn requested that a standing item be added to the agenda for reports on boards and committees from Councilmembers.

Councilmember Gonzales nominated Councilmember Cantu to serve on the Taos County Economic Development Corporation Board.

Councilmember Gonzales made a motion to approve. Councilmember Peralta seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
C. Appointment to Taos County Intergovernmental Council
Consideration and possible appointment of a governing body member and an alternate to serve on the Taos County Intergovernmental Council.
 Item Result:Approved
 Councilmember Hahn nominated himself to serve on the Taos Intergovernmental Council with Councilmember Gonzales serving as the alternate.


Councilmember Gonzales made a motion to approve. Councilmember Peralta seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
D. Appointment to Taos Regional Landfill Board
Consideration and possible appointment of a governing body member and an alternate to serve on the Taos Regional Landfill Board.
 Item Result:Approved
 Councilmember Hahn nominated himself to serve on the Taos Regional Landfill Board with Councilmember Gonzales serving as the alternate.

Councilmember Gonzales made a motion to approve. Councilmember Peralta seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
E. Appointment to Taos Health Study Committee
Consideration and possible appointment of Town delegate and alternate to Taos Health Study Committee.
 Item Result:Approved
 Councilmember Peralta nominated Mayor Barrone and Town Manager Rick Bellis to serve on the Taos Health Study Committee.

Councilmember Peralta made a motion to approve. Councilmember Gonzales seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
F. Regional Coalition of LANL Communities
 Councilmember Gonzales stated he serves on the Regional Coalition of LANL Communities and he recommends that Mr. Bellis serve as his alternate. 

Mayor Barrone asked whether this recommendation needs to be placed on another agenda for action by Council, since this was not an item on the agenda.  Councilmember Gonzales stated he can appoint an alternate at his discretion.

Mr. Caldwell stated he will review the by-laws of the Regional Coalition of LANL Communities to see whether formal action is required.  If not, he stated this discussion will suffice.

Mayor Barrone directed staff to send letters to each entity informing them of the governing body member that was appointed to their board or committee.
G. PERSONNEL MATTERS- Discussion, consideration, and decisions regarding the following: (Executive and Public Session) Informational Items/Action Items
  1. Discussion, consideration and decisions regarding the former Town Attorney and the former Town Manager. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters. Discussions surrounding the former Town Manager and former Town Attorney may also invoke Open Meetings Act exemption 10-15-1(H)(7), which allows for discussion of pending or threatened litigation.
  2. Discussion, consideration and decisions regarding the Town Manager position. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters.
  3. Discussion, consideration and decisions regarding the Town Attorney position. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters.
 Councilmember Gonzales made a motion to go into Executive Session.  Councilmember Peralta seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta

At 10:42 p.m., Councilmember Peralta made a motion to come out of Executive Session. Councilmember Gonzales seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta. 

Mr. Caldwell stated discussion in the Executive Session was limited to the items as they were called for and no action was taken.

Regarding the former Town Attorney and Former Town Manager, Councilmember Peralta made a motion to direct the Town Attorney and the Mayor to work on this item as provided in Ordinance 13-09.  Councilmember Gonzales seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.
        

Councilmember Peralta made a motion to offer Contract TT-14-184A to Rick Bellis, Town Manager and requested that language corrections be made to the draft contract but that no monetary items be changed.  Councilmember Gonzales seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.

Councilmember Peralta made a motion to offer Contract TT-14-183 to Jacob Caldwell, Town Attorney and requested that language corrections be made to the draft contract but that no monetary items be changed.  Councilmember Gonzales seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.


12. ADJOURNMENT
 A motion was made by Councilmember Gonzales and seconded by Councilmember Peralta to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 10:45 p.m.
 
 
 
APPROVED:
________________________________________
Daniel R. Barrone, 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 and video recordings. Additionally, video recordings can be viewed at www.taos22.com. You may also view agendas, agenda packets, and minutes at http://public.taosgov.com/.