Meetings
 

AGENDA
April 22, 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. March 25, 2014 Regular Meeting Minutes
B. March 26, 2014 Special Meeting Minutes
7. AWARDS AND RECOGNITIONS
A. Presentation of Proclamation
Presentation of a proclamation commemorating National Arbor Day, April 25, 2014.   
8. PRESENTATIONS
A. Taos Soil and Water Conservation District
Peter Vigil with the Taos Soil and Water Conservation District will provide a power point presentation.
9. CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
10. PUBLIC HEARINGS
A. Ordinance 14-07 Amending the Zoning Map
Consideration and possible approval of Ordinance 14-07 to change the zoning on approximately 47.7 acres located at 303 West Roy Road, east of the Salazar extension, from C-1 “Neighborhood Commercial”, C-2 “General Commercial” and ARO “Agricultural, Recreation, Open Space, Flood Zone” to RA-20 “Residential/Agricultural” within the Town of Taos.
B. Ordinance 14-08 Amending the Zoning Map
Consideration and possible approval to rezone approximately 26.1 acres on the corner of Paseo del Pueblo Sur and Paseo del Cañon from C-2 “General Commercial” to RA-20 “Residential/Agricultural".
11. MATTERS FROM STAFF
A. Financial Update
Presentation of the monthly financial report for the period ending March 31, 2014.
B. Resolution 14-23 Budget Adjustment Request
Consideration and possible approval of Resolution 14-23 Budget Adjustment Request to the General Fund - Increase revenues and expenditures for the following: Facilities budget - $400 for a donation received; Police - $1,113 for confiscation and forfeiture monies received and 1999 Gas Tax Acquisition Fund - Transfer $150,000 from Salazar Road - Town Match project to Town Hall Drive Improvements - Town Match.
C. Approval of Mauro Rosales Regarding Out of State Training
Consideration and possible approval for Mauro Rosales to travel out of state to Boulder, Colorado in May and June to attend two classes and tests hosted by the International Code Council as required for his Certified Building Official certification and his current position with the Town of Taos.
12. TOWN MANAGER'S REPORT
13. MATTERS FROM THE MAYOR AND COUNCIL
A. Council Reports on Committee Assignments
B. Settlement Agreement Regarding Airport Annexation
Review and possible approval of the Settlement Agreement between the Town of Taos and Taos County regarding airport annexation.
C. Contract for Municipal Detainee Confinement
Review and possible approval of a contract between the Town of Taos and Taos County for municipal detainee confinement.
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
April 22, 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 (arrived at 6:42 p.m.)

Also present were:      
Town Manager, Richard Bellis
Assistant Town Manager, Abigail Adame
Town Attorney, Jacob Caldwell
Town Clerk, Renee Lucero


3. PLEDGE OF ALLEGIANCE
  Marietta Fambro led the audience in the Pledge of Allegiance.
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
 
  • ADD 7.B. Discussion regarding a Joint Town/County Proclamation honoring Reynaldo Torres and Palemon Martinez.
  • Correct Item 11.B. by replacing "Salazar Road" with "2013 CDBG".


Councilmember Peralta made a motion to approve with conditions. Councilmember Hahn seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
6. APPROVAL OF MINUTES
A. March 25, 2014 Regular Meeting Minutes
 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.
B. March 26, 2014 Special Meeting Minutes
 Item Result:Approved
 On Page 3, line 4, after the word "three" add "years ago".
Councilmember Peralta made a motion to approve with conditions. Councilmember Hahn seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
7. AWARDS AND RECOGNITIONS
A. Presentation of Proclamation
 Mayor Barrone presented a proclamation commemorating National Arbor Day, April 25, 2014 and urged all citizens to plant trees to promote the well-being of present and future generations.

Paul Brian Jones, Chair of the New Mexico Urban Forestry Council, thanked Mayor Barrone for the proclamation and supporting efforts to care for the trees, woodlands and the Community Forestry Program.
B. Discussion regarding a Joint Town/County Proclamation honoring Reynaldo Torres and Palemon Martinez.
 Item Result:Approved
 Mayor Barrone requested support from Council to prepare a proclamation to be presented at the Historic Society luncheon.  Mr. Bellis emphasized that Mr. Torres and Mr. Martinez devoted many years of service to the community making Taos a better place to live.
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.
8. CITIZENS FORUM
 
  • Jeanne Green stated she is against the airport expansion.  She believes the Town can use the money for other programs like the library or solar energy. She also discussed military planes that have landed at the airport and is concerned about jet fuel leaking.
  • Marilyn Hoff stated she is against the airport expansion.  She stated the Town needs to change the emphasis of how money is spent and not invest in things that burn fossil fuels. 
  • Bonnie Korman stated she is against the expansion of the airport.  She believes the expansion will affect the quality of life in Taos.  She does not want Taos to become like Aspen where it will be too expensive to live. 
  • Arsenio Cordova stated he is pleased to see the spirit of collaboration between the Town and the County as the constituency suffered during the prior administration. He stated the outcome of the election proved that the people of El Prado were not alone in their thinking about the airport annexation.  He requested that the Council conduct an audit of Town finances to determine whether there was abuse of funds during the previous administration.
  • Bob Bishop stated approximately 42 to 50 people own private airplanes in Taos.  He discussed the cost to expand the airport and he believes that money can be spent on other programs. He also believes the Town should ask airplane owners to pay the Town's match for expansion. Mayor Barrone stated the settlement agreement between the Town and County indicates the match will come from gross receipts tax generated from the airport construction.
  • Seth Brown stated the airport Environmental Impact Statement demonstrated an overwhelming opposition to the expansion.  He further stated about 95% of citizens at the public meetings were against it.  
  • Patricia McCarthy stated she is against the airport expansion.  She stated sidewalks and streets in the Town are deteriorating and there are other infrastructure needs.
  • Jeanne Greene expressed concerns about the suicides at the Rio Grande Gorge Bridge and asked the Council to request that New Mexico Department of Transportation place a barrier on the bridge to prevent people from jumping.

9. PRESENTATIONS
A. Taos Soil and Water Conservation District
 Peter Vigil with the Taos Soil and Water Conservation District provided a power point presentation.

Mr. Vigil stated the District covers approximately 2,200 square miles or 1.4 million acres of land, to include 733,000 acres of federal lands; 551,000 acres of private lands; 62,000 acres of tribal land; and 97,000 acres of state land. He informed the Mayor and Council of the many programs offered by the District such as youth conservation, fire prevention, acequia restoration and GIS, rangeland restoration, stream restoration, and a water program.

He stated there had been a lot of collaboration between the Town and the District in the past and looks forward to collaborating in the future.

Mr. Hahn thanked Mr. Vigil for his presentation and directed the Assistant Town Manager to organize a meeting between Mr. Vigil and Town staff regarding services the District provides.
10. PUBLIC HEARINGS
A. Ordinance 14-07 Amending the Zoning Map
Consideration and possible approval of Ordinance 14-07 to change the zoning on approximately 47.7 acres located at 303 West Roy Road, east of the Salazar extension, from C-1 “Neighborhood Commercial”, C-2 “General Commercial” and ARO “Agricultural, Recreation, Open Space, Flood Zone” to RA-20 “Residential/Agricultural” within the Town of Taos.
 Item Result:Approved
 

Mayor Barrone read the rules for conducting a quasi-judicial hearing.  He asked the Council if there were any conflicts of interest for this case.  There were none.

Martha Perkins, Planning and Zoning Director,  presented Ordinance 14-07 and reviewed her Staff Report, which included the criteria for approval of an amendment to title 16.12.060.2 as follows:

    - Criteria 1. The amendment is consistent with the direction and intent of the existing Town of Taos Master Plan;
    - Criteria 2. The amendment is consistent with the purpose and intent of Town of Taos zoning regulations;
    - Criteria 3. The amendment is consistent with the existing land use in the affected neighborhood;
    - Criteria 4. The benefit to the neighborhood will outweigh any potential adverse impact upon the surrounding properties;
    - Criteria 5. The amendment to this title will not create a danger to the public health, safety, or welfare, nor cause an extraordinary public expense, or create a nuisance; and
    -Criteria 6. The amendment is justified by the fact that the original zoning was an error, by change in condition in the vicinity, or by change in the Town of Taos overall development policy.

Ms. Perkins stated the criterion is satisfied.  She further stated prior to July, 2002, the subject parcel was zoned agriculture; however, the zoning was changed to allow for commercial development.  She stated no development has occurred on the property and the applicant is now interested in utilizing the property for farming and agricultural purposes. 

Mayor Barrone opened the public hearing.

Joni Cunnyngham, applicant, was sworn in and responded to the criteria and explained how it had been satisfied. Ms. Cunnyngham submitted a packet with maps and letters supporting agricultural use of the property.  She stated west of the property are multiple grazing areas.  She requested approval of the rezoning.
 
Michael Silva was sworn in and stated he supports the applicant.  He further added the Cunnynghams are doing a lot of work on improving the land and believes it will be for the good of the community.

Robin Collier was sworn in and stated he is amazed that the property is currently zoned as commercial zoning and is he supports it being rezoned for agricultural use.

After closing the public hearing, Mayor Barrone asked for questions from the Council.
 
Councilmember Hahn stated he is pleased the property is planned to be used for agricultural use. He asked for clarification on the water use.  Ms. Cunnyngham stated they have a well on the property with 8.5 acre feet of water. 

Roy Cunnyngham, applicant, was sworn in and stated they also have 20 acre feet of water in trust with the Town and there will be plenty of water for use.  He also stated they will use the water very conservatively.

Councilmember Peralta stated the Planning and Zoning Commission minutes indicate that one person spoke during the public hearing but it is not stated whether the person was for or against the rezoning.  Ms. Perkins stated the person who spoke was in favor of the zone change.

The Mayor and Council commended the Cunnynghams for preserving the property and using it for agricultural purposes.


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.
B. Ordinance 14-08 Amending the Zoning Map
Consideration and possible approval to rezone approximately 26.1 acres on the corner of Paseo del Pueblo Sur and Paseo del Cañon from C-2 “General Commercial” to RA-20 “Residential/Agricultural".
 Item Result:Approved
 

Mayor Barrone stated the same rules apply to this quasi-judicial hearing as the previous hearing. He asked the Council if there were any conflicts of interest for this case.  There were none.

Martha Perkins, Planning and Zoning Director,  presented Ordinance 14-08 to the Mayor and Council and stated the same criteria applies to this zone change. 

Ms. Cunnyngham stated her responses to the criteria are the same as the last hearing.

Mayor Barrone opened the public hearing.  

Michael Silva stated he supports this zone change.

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


Councilmember Gonzales made a motion to approve. Councilmember Peralta seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Peralta.
 Those ABSENT were: Councilmembers: Hahn.
 Item Result:Approved
 Councilmember Hahn was not present during the vote.

For discussion, Youth Councilmember Landgraf stated he reviewed the support letter from Taos Academy in the packet provided by Ms. Cunnyngham and he thinks it is wonderful that the youth can participate with the agricultural initiatives.  He believes everyone needs to participate in sustainability.

Councilmember Cantu asked if the community can be involved with the farming.  Ms. Cunnyngham stated absolutely as they have plans to expand their education programs to get more involvement with the schools and the community.
11. MATTERS FROM STAFF
A. Financial Update
Presentation of the monthly financial report for the period ending March 31, 2014.
 Marietta Fambro, Finance Director, provided the monthly financial report for the period ending February, 2014 as follows:

Revenues - Gross Receipts Tax - March's taxes were down 1.99% over 2012-2013. This is the first decrease in taxes since the beginning of the fiscal year. The most significant categorical decreases were in Utilities at $19,789 (47.54%) and Other Services at $13,208 (20.23%). The most significant categorical increases were in Construction at $13,830 (45.54%) and Unclassified Establishments at $9,506 (971.98%). The total year-to-date growth is 4.11% over 2012-2013. In October staff projected a 1.8% increase in Gross Receipts Tax revenues through the end of the fiscal year. After taking all receipts through April 2014 into consideration, staff projects a 4% increase through the end of the fiscal year.

Expenditures – Year to date, actual department expenditures are 9.29% lower than the anticipated budget. The projected expenditures has changed to reflect projections through June 30, 2014 prepared and submitted by each department. This amount is equal to approximately $200,000 which includes personnel vacancy savings and some operational savings from the mid-year budget process.

Ending Balance – The projected ending balance is $2,043,627 which exceeds the reserve requirement of 30 days by an additional 40 days, for a total reserve of 70 days (10 days over 2/12ths). This projected ending balance takes into consideration the above mentioned projected expenditures and adjusted revenues.

Discussion ensued regarding the anticipated reserves and how the additional money could be spent.  Mr. Bellis stated staff would like to hold off on expending that money until the budget has been thoroughly reviewed.  He reminded the Mayor and Council that insurance rates will be increasing for the Town by 19% and for the employees by 16%. 

Councilmember Cantu requested that funds be allocated toward employee wellness. Mr. Bellis stated staff is currently evaluating whether that will be possible.
B. Resolution 14-23 Budget Adjustment Request
Consideration and possible approval of Resolution 14-23 Budget Adjustment Request to the General Fund - Increase revenues and expenditures for the following: Facilities budget - $400 for a donation received; Police - $1,113 for confiscation and forfeiture monies received and 1999 Gas Tax Acquisition Fund - Transfer $150,000 from 2013 CDBG - Town Match project to Town Hall Drive Improvements - Town Match.
 Item Result:Approved
 Ms. Fambro stated in addition to the agenda item being changed by replacing "Salazar Road" to "2013 CDBG", the resolution also needs to be amended.
Councilmember Gonzales made a motion to approve as amended. Councilmember Cantu seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
C. Approval of Mauro Rosales Regarding Out of State Training
Consideration and possible approval for Mauro Rosales to travel out of state to Boulder, Colorado in May and June to attend two classes and tests hosted by the International Code Council as required for his Certified Building Official certification and his current position with the Town of Taos.
 Mr. Bellis stated the expenditure for this request has already been approved; however, the out of state travel has not been approved.  He also stated he will be working with Ms. Perkins to do an analysis of building inspection expenses and will bring a recommendation to the Council at a later date.

Councilmember Gonzales believes the position of Building Official is worth the money considering how much it would cost to pay for this service elsewhere.

Discussion began regarding the position of Building Official and Mr. Caldwell cautioned the Council that discussion regarding limited personnel matters can take place during an Executive Session.

Councilmember Cantu made a motion to table the item until the May 1, 2014 Special Meeting.  The motion died for a lack of a second.

Councilmember Gonzales made a motion to discuss limited personnel matters in Executive Session as item 12.D.  The motion died for a lack of a second
.

No action was taken. 
12. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Council Reports on Committee Assignments
 Councilmember Hahn stated on May 13, 2014, he will be requesting Council consideration to accept Option C of the Landfill Board's rate increase offsetting projected deficits.  He stated Ms. Fambro will place an agenda item.
 
Councilmember Gonzales stated there is a meeting of the Regional Coalition of LANL Communities this week and Secretary Flynn with the Environment Department will be present to speak on the deep water wells at LANL.  He stated the meeting is scheduled for Friday April 25, 2014 at Los Alamos County Council Chambers at 9:00 a.m.  He encouraged everyone to attend.
B. Settlement Agreement Regarding Airport Annexation
Review and possible approval of the Settlement Agreement between the Town of Taos and Taos County regarding airport annexation.
 Item Result:Approved
 Mr. Caldwell stated in accordance with discussion at the Joint Town/County Meeting on April 10, 2014, the direction from the governing bodies was to formalize the settlement agreement based on the memorandum of terms.  He has been working with County Attorney Bob Malone on the agreement. 

Mr. Caldwell stated the terms are that the Town drops the annexation appeal and the County pays up to $325,000 toward the Town match for the airport improvements. In his legal opinion, those terms were accomplished. 

Mr. Bellis stated he is in favor of the agreement.  He also stated his only concern is the zoning of the airport; however, after discussions with Mr. Caldwell, they believe that the Town has specific authority as a municipal regional airport to put the necessary zoning in place to be compliant with FAA's plan that was submitted by the engineers.  

Extensive discussion regarding whether Town and County can work together to ensure the proper zoning of the airport.  Mr. Bellis stated he will work with the County to include a Regional Airport Zone in the County's Land Use Development Plan.
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.
 Item Result:Approved
 For discussion, Arsenio Cordova spoke in favor of the motion and stated the citizens of El Prado felt threatened by the airport annexation.  He further stated the citizens are working on declaring El Prado as a historic district and requested the Council's support.
C. Contract for Municipal Detainee Confinement
Review and possible approval of a contract between the Town of Taos and Taos County for municipal detainee confinement.
 Item Result:Approved
 Mr. Caldwell stated this item was also discussed at the Joint Town/County Meeting on April 10, 2014 and he placed it on the agenda for full disclosure.

Police Chief, David Weaver, added that the booking fee has been waived by the County.
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.
13. ADJOURNMENT
 

A motion was made by Councilmember Cantu and seconded by Councilmember Gonzales to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 10:03 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/.