Meetings
 

AGENDA
May 13, 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. April 8, 2014 Regular Meeting Minutes
B. April 22, 2014 Special Meeting Minutes
C. April 22, 2014 Regular Meeting Minutes
7. AWARDS AND RECOGNITIONS
A. Police Chief's Challenge Coin Presentations
Presentation of the Police Chief's Challenge Coin to Sergeant David Trujillo, Officer Jani Davis and Officer Austin Barnes.  Jim Peterson, Taos Behavioral Health Alliance will join Chief Weaver in the presentation of Challenge Coins.
B. Recognize Taos High School Cheerleader State Championships
Mayor Barrone will present certificates of recognition to the Taos High School
Cheerleaders for taking State Championships 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. MATTERS FROM STAFF
A. Contract #TT-14-133 San Miguel County Detention Center
Consideration and possible approval of additional funding not to exceed $20,000.00,  reference Contract TT-14-133 between the Town of Taos and San Miguel County Adult Detention Center.  This contract will expire December 11, 2014 and is allocated in the Local Government Corrections Expenses fund.
B. Out of State Travel Request
Consideration and approval of out of state travel for Brandon Gutierrez and Leo Valencia to attend the 25th Annual Community Transportation Roadeo, to be held on June 7-8, 2014, in St. Paul, MN.  Cost is estimated at $1,518.49 each, total cost of $3,036.98. 
C. Resolution 14-22 Septage Discharge
Consideration and possible approval of Resolution 14-22; A resolution revising the fees, policies, procedures, and regulations governing septage discharge at the Taos Valley Regional Waste Water Treatment Facility.
D. Personnel Handbook
Consideration and approval of a Transit Division specific handbook.  The handbook will serve as a guide for transit personnel for transit related situations.
E. Grant Agreement for Taos County Juvenile Justice Program
Consideration and approval of grant agreement 15-690-17254 in the amount of $133,302 with the State of New Mexico Children, Youth and Families Department for the operation of Taos County Juvenile Justice Program.
F. Renewal of Cardenas Field Lease Agreement
Discussion and approval of Lease Agreement for Cardenas Field between the Town of Taos and the Pecos League of Professional Baseball Clubs.
G. Lease Agreement between Town of Taos and the Area Agency on Aging
Review and possible approval of a proposed Lease Agreement (TT-14-221) between the Town of Taos and the Area Agency on Aging to occupy a portion of the former Taos Police Department building located at 107 Civic Plaza Drive.
H. ComNet Antenna Proposal
Possible direction to staff regarding the ComNet antenna proposal at the old Police Department building.
I. Resolution 14-24 Adoption of the 2013 Taos Economic Development Action Plan
Consideration and possible approval of Resolution 14-24: A Resolution Adopting the 2013 Taos Economic Development Action Plan prepared for the Town of Taos by LeapPartners, LLC in September 26, 2013.
J. Local Economic Development Plan Update
Status update on the Local Economic Development Plan application from Green Block Construction, LLC.
K. Lease Agreement for John Dunn Parking Lot
Review and possible approval of a Lease extension (TT-14-223) of one year for the portion of the approximately 0.34-acre area of the John Dunn parking lot not owned by the Town.
10. TOWN MANAGER'S REPORT
11. MATTERS FROM THE MAYOR AND COUNCIL
A. Council Reports on Committee Assignments
1.  Report from Councilmember Gonzales regarding Hospital Nominating Committee.

2.  Other reports.
B. PENDING LITIGATION- Discussion, consideration, and decisions regarding the following: (Executive and Public Session) Informational Items/Action Items
Discussion, consideration and decisions regarding Spring Ditch lawsuit. This items may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(7), which allows for discussion of pending or threatened litigation.
12. MATTERS AND REPORTS FROM THE MAYOR
13. MATTERS AND REPORTS FROM THE COUNCIL
14. 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 13, 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
Town Attorney, Jacob Caldwell
Town Clerk, Renee Lucero


3. PLEDGE OF ALLEGIANCE
  Chief Weaver led the audience in the Pledge of Allegiance.
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
 
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.
6. APPROVAL OF MINUTES
A. April 8, 2014 Regular Meeting Minutes
 Item Result:Approved
 Councilmember Hahn made a motion to approve. Councilmember Gonzales seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
B. April 22, 2014 Special Meeting Minutes
 Item Result:Approved
 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.
C. April 22, 2014 Regular Meeting Minutes
 Item Result:Approved
 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.
7. AWARDS AND RECOGNITIONS
A. Police Chief's Challenge Coin Presentations
Presentation of the Police Chief's Challenge Coin to Sergeant David Trujillo, Officer Jani Davis and Officer Austin Barnes.  Jim Peterson, Taos Behavioral Health Alliance joined Chief Weaver in the presentation of Challenge Coins.
 

Mr. Peterson explained on two separate occasions Taos Police Officers were called to assist a veteran suffering from acute Post Traumatic Stress Disorder.  

Chief Weaver stated on March 23, 2104 officers were dispatched to assist a man who was in mental distress. Officers Davis and Barnes arrived at the scene and demonstrated compassion, understanding, and patience and were able to place him with his family.  They saved his life and the man is now receiving ongoing treatment.

Chief Weaver also stated while investigating this case, it was discovered that Sergeant David Trujillo had nearly an identical experience with this same individual on November 6, 2013.  He also dealt with this situation with tact, compassion and patience. 

The officers were recognized and presented with the Chief’s Challenge Coins.  Additionally, Taos Behavioral Health Alliance recognized the officers with the First Annual Behavioral Health Award.

Mayor Barrone thanked the officers for their outstanding work and patience in dealing with these difficult situations.


B. Recognize Taos High School Cheerleader State Championships
Mayor Barrone presented certificates of recognition to the Taos High School Cheerleaders for taking State Championships 2013-2014.  
 Mayor Barrone stated it gives him great pleasure to recognize the student athletes of the community and asked Youth Councilmember Landgraf for his assistance in presenting the awards to the cheerleaders.   

Youth Councilmember Landgraf congratulated the cheerleaders and thanked them for representing Taos at the state level.

8. CITIZENS FORUM
 

The following individuals spoke during Citizens Forum:

  • Ranee Malanga, Artwares Contemporary Jewelry, stated she is representing most of the Taos Plaza merchants.  She discussed her concerns about open vending on the Plaza. She stated on August 13, 2013 the Council voted not to allow vendors on the Plaza; however, now it seems that action is being reconsidered.  She believes this is unfair to merchants.
  • Jeff Northrup discussed the Town's allocation of $15,000 for the Taos Fiesta Council and expressed concern that an additional $10,000 is spent on overtime to support the Fiestas.  He stated the Fiesta Council does not open their books for public inspection.  He believes this is a religious event and violates the constitution.  He also discussed the Town providing Chile Line Service during the Mother's Day Event. 
  • Pavel Lukes spoke in support of the airport and encouraged the Council to continue with the plans for expansion. He stated the expansion will improve economic development and is needed for safe flights.
  • Chris Stagg spoke in support of the airport expansion and stated the improvements are not just for economic development but for safety as well.
  • Tim Wooldridge spoke in support of the airport expansion and emphasized the expansion is critical to fight wildfires. He stated if it was not for the airport, the fires that have happened around Taos would have been much worse.  He stated the improvements will make it easier for the large tankers to fight fires.
  • Michael Diamond stated the airport expansion is critical for safety reasons for passengers and pilots.  He stated he has been a pilot since the 1960's and has seen many instances where a crosswind runway was needed.  He further stated the airport is not a rich man’s playground as there are many benefits to the community.
  • Seth Brown stated he is concerned about the airport expansion because citizens may have to leave their community because they won't be able to afford to live here. He also expressed his concern about large aircrafts flying in at the airport. 
  • Joaquin Chavez stated he supports the continued development of the airport. He also has been a pilot for several years and flies for three families in this town professionally. Additionally, he stated there are 40 to 50 medical flights per month. 
  • Jonathan Slator stated he has lived in Taos for many years and ran the Film Commission.  He stated he believes the film business is an economic driver that the Council should consider in their marketing efforts.  Furthermore, he stated there are $2 billion available for film initiatives. Councilmember Peralta asked how many people in Taos work in the film industry.  Mr. Slator stated approximately 20 to 25 people travel out of town for work. 
  • Paul Christie stated some of the statements this evening regarding the airport are in conflict with what he has learned.  He stated even with the extended runway, large aircrafts will not be able to land here for firefighting.  He also stated municipal airports generally lose money.

9. MATTERS FROM STAFF
A. Contract #TT-14-133 San Miguel County Detention Center
Consideration and possible approval of additional funding not to exceed $20,000.00,  reference Contract TT-14-133 between the Town of Taos and San Miguel County Adult Detention Center.  This contract will expire December 11, 2014 and is allocated in the Local Government Corrections Expenses fund.
 

Discussion ensued regarding the term of the contract which expires in December of 2014.  Councilmember Peralta recommended having the option to renew the contract as a backup in the event that that Taos County Jail is full, then San Miguel County Jail can be utilized. Mr. Caldwell stated he agrees that there should be a backup plan in the event Taos County Jail is full.

Councilmember Gonzales stated he agrees with Councilmember Peralta. He stated not only will this option be valuable in the event Taos County Jail is full, but also in the event that the jail is short staffed.

Mayor Barrone directed the Town Attorney to work on a provision in the contract as requested by Councilmember Peralta before the contract expires.

Councilmember Gonzales made a motion to approve. Councilmember Peralta seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers:  Gonzales and Peralta. Those voting NAY were: Councilmembers: Cantu and Hahn.  Mayor Barrone broke the tie with a vote of AYE. 


B. Out of State Travel Request
Consideration and approval of out of state travel for Brandon Gutierrez and Leo Valencia to attend the 25th Annual Community Transportation Roadeo, to be held on June 7-8, 2014, in St. Paul, MN.  Cost is estimated at $1,518.49 each, total cost of $3,036.98. 
 Item Result:Approved
 Francisco Espinoza, Public Works Director, explained on March 30, 2014, five employees from the transit division competed in the Annual New Mexico Transportation Association ROADEO at Buffalo Thunder.  He stated Brandon Gutierrez placed 1st in the Van Competition and won an all-expense paid trip to represent the state of New Mexico to compete at the national level.  Travel costs for Mr. Gutierrez will be reimbursed at 100% by New Mexico Transportation Association.  Mr. Espinoza further stated Leo Valencia placed 2nd in the bus competition and will also compete at the national level. Travel costs for Mr. Valencia will be reimbursed at 50% through the annual grant agreement with New Mexico Department of Transportation.

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. Resolution 14-22 Septage Discharge
Consideration and possible approval of Resolution 14-22; A resolution revising the fees, policies, procedures, and regulations governing septage discharge at the Taos Valley Regional Waste Water Treatment Facility.
 Item Result:Approved
 

Mr. Espinoza stated a resolution was previously approved by the Council but the plan has not been implemented. He explained after evaluating the resolution, staff determined it was not financially feasible to implement it as approved by the Council.  He further explained CH2MHILL, the Wastewater Treatment Plant Contractor, provided a proposal in the amount of $165,000 in addition to the current contract to implement the resolution due to extended hours of operation at the septic receiving station.  Mr. Espinoza stated there is very little cost to the Town to implement the proposed resolution

Mr. Espinoza explained the following time change proposed in the resolution:  Hours of operation were changed from 7:00 am - 7:00 p.m. Monday through Sunday to 8:00 am to 4:00 pm Monday through Friday and 8:00 am to 12:00 noon on Saturdays and Sundays. 

Councilmember Peralta asked if everything has been done to make changes to security at the hauling station.  Mr. Espinoza stated he signed off on a quote for fencing, the security camera is in place, and the containment area will be constructed by end of June, 2014.

Extensive discussion ensued regarding hauling sludge to a location near the Town's recycling center that had been previously used.  Mr. Espinoza stated the Town received many complaints from businesses near that location.  Councilmember Gonzales requested that staff evaluate this location as the distance is closer to Town. Mr. Espinoza stated the Town would have to build a containment area and install measuring devices for accountability.

Steve Rael, S & R Septic, expressed his concern about protecting the hauling station from harmful products such as paint, oil, and fuel.  He stated the camera cannot record products that are being disposed of and he believes there needs to be a way to be able to disconnect the hose to observe what is being dumped.  

Councilmember Cantu stated she observed dumping at the hauling station in October, 2013 and she believes it was not safe because she was able to observe without anyone monitoring the area. She asked if staff monitors dumping at the hauling station.  Mr. Espinoza stated yes during the hours of operation. 

Further discussion ensued regarding the hours of operation and safety mechanisms in the event there is illegal dumping.

Mr. Bellis stated by no means is staff not listening to Mr. Rael’s concerns as he shares many of the same concerns.  He emphasized that tonight, staff is addressing the hours of operation to ensure that people do not dump after hours.  He asked Anthony Martinez, Operations Manager of CH2MHILL, if the security at the plant is typical of other plants operated by his company throughout the country.  Mr. Martinez stated, in his experience, septic haulers only dumped during hours of operation. 


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 voting NAY were: Councilmembers: Hahn.
D. Personnel Handbook
Consideration and approval of a Transit Division specific handbook.  The handbook will serve as a guide for transit personnel for transit related situations.
 Item Result:Approved
 Mr. Espinoza stated this handbook is specific to the operations in Transit Division and has been approved by the Town Attorney.  

Councilmember Peralta asked if the handbook is compatible with the Town’s personnel policy. Mr. Caldwell stated he has reviewed the handbook for conflicts and he did not find any and in his opinion, it is a very standard handbook.  He further stated the Human Resources Director has also reviewed the policy.  

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.
E. Tipping Fee Rate Increase at the Taos Regional Landfill
Consideration and approval of the proposed rate increase for tipping fees associated with the Town's membership of the Taos Regional Landfill Board.  This amount will increase from $29.50 to $34.50 for Landfill Board Members and from $33.26 to $41.80 for Non-Members.
 Item Result:Tabled
 Mr. Bellis requested that this item be tabled tonight because the Town is waiting for the results from the consultant on the final impact on the commercial rates. 

Councilmember Peralta made a motion to table. Councilmember Gonzales seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
F. Town Hall Drive Construction Award
Consideration to approve Taos Municipal Schools Bid 03.13.14-02 Additive Alternate in the amount of $190,223 plus 8.1875% GRT in the amount of $15,574 for a total amount of $205,797 with Silva’s Excavation, Inc. for the construction of Town Hall Drive Improvements.
 

Mr. Espinoza explained the project was awarded to Silva's Excavation, the lowest bidder.  He stated he negotiated with the contractor to change the bid amount so that it would be within the budget and as a result a couple of items were deleted. Furthermore, he stated there is a contingency now of approximately $23,000.

Councilmember Gonzales asked if there is a conflict of interest with the lowest bidder because he is a former Councilmember and has been gone less than a year.  Mr. Caldwell stated the Government Conduct Act would prohibit the former Councilmember from having a contract if he participated in approving the project during his tenure.  Councilmember Gonzales stated he is not trying to derail the project, he simply wants to ensure that the Town is protected and in compliance with state law.

Mr. Caldwell stated the act reads that a local government agency shall not enter into a contract with, or take any action favorably affecting any person or business that assisted in the transaction as a former public officer or employee.  He stated the Town is prohibited from contracting if the award resulted from something the official did while in office during the preceding year.  Councilmember Peralta asked if the award can be made if Councilmember Silva participated in the preliminarily approval of this project on October 13, 2013.  Mr. Caldwell stated this does raise a flag and he believes the Town should be very cautious.  He further stated he needs time to form an opinion. 

Councilmember Cantu asked where the Request for Proposals was advertised. Doug Patterson, Architect with Taos Municipal Schools, stated the project was advertised in the Taos News and meets procurement with the school district.  He further stated he believes former Councilmember Silva recused himself from the vote.
 
Mr. Caldwell stated he needs time to research the issue.

Councilmember Peralta made a motion to table at the call of the Chairman to hold a Special Meeting. Councilmember Cantu seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.


G. Grant Agreement for Taos County Juvenile Justice Program
Consideration and approval of grant agreement 15-690-17254 in the amount of $133,302 with the State of New Mexico Children, Youth and Families Department for the operation of Taos County Juvenile Justice Program.
 Item Result:Approved
 

Karel Mirabal explained that the Juvenile Justice Program was formed in 2004 after a wave of violence hit the community.  She described the programs offered to include the following: Juvenile Justice Continuum Coordination; Intensive Community Monitoring to reduce recidivism and divert youth from further involvement in the juvenile justice system; Girls Circle to increase girls’ self-esteem and positive relationship skills in order to reduce risk of delinquent behavior; and many other programs that address gang issues and at-risk youth.

Mayor Barrone asked who monitors these programs.  Ms. Mirabal stated she monitors some of the programs, but the Children Youth and Families Department does most of the monitoring. 

Councilmember Hahn thanked Ms. Mirabal for her service on the board and emphasized the services provided are essential to the community.  He further stated he will recuse himself from the vote because he sits on the Juvenile Justice Board.


Councilmember Gonzales made a motion to approve. Councilmember Cantu seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Peralta.
 Those who ABSTAINED were: Councilmembers: Hahn.
H. Renewal of Cardenas Field Lease Agreement
Discussion and approval of Lease Agreement for Cardenas Field between the Town of Taos and the Pecos League of Professional Baseball Clubs.
 

Mr. Caldwell stated the Town has an agreement with Taos Municipal Schools to have the ability to lease the field.  He stated the agreement allows the Pecos League to sell concessions including alcohol and is fully supportive of a one year extension of the lease. 

Councilmember Peralta stated he does not see a provision in the lease allowing the sale of alcohol. Mr. Caldwell stated there is nothing explicit in the agreements with the school; however, he does see the sale of alcohol as a driving force for this agreement.

The Mayor and Council discussed concerns about the sale of alcohol on school property.  Councilmember Gonzales asked if there were any incidents with sales of alcohol during the baseball games last year.  Chief Weaver stated he does not know of any incidents that occurred.

Mr. Caldwell recommended approving the lease conditioned on an affirmative statement from the school district that acknowledges their understanding that alcohol will be sold as a result of this lease agreement.

Councilmember Peralta made a motion to approve the lease conditioned on an affirmative statement from the school district that acknowledges their understanding that alcohol will be sold as a result of this lease agreement. Councilmember Gonzales seconded the motion. The motion was Passed. Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.


I. Lease Agreement between Town of Taos and the Area Agency on Aging
Review and possible approval of a proposed Lease Agreement (TT-14-221) between the Town of Taos and the Area Agency on Aging to occupy a portion of the former Taos Police Department building located at 107 Civic Plaza Drive.
 

Mr. Caldwell stated this lease is for a very small space at the old Taos Police Department building and needs approval by May 15th.  He further stated he unfortunately did not have the opportunity to assess the property to obtain the fair market value to determine the lease amount.  He stated the lease is with a governmental agency and he is comfortable moving forward.  The lease is until the end of next fiscal year in the amount of $300 per month. Additionally, the lessee is required to pay all utilities that they use or to the extent that the Town is able to monitor.   

Mr. Bellis recommended a month to month lease instead of a full year.    

Councilmember Hahn asked what the situation with asbestos is. Mr. Caldwell stated he understands there is one room that has asbestos below the tiles and reports indicate that there is no issue as long as the tiles are not disturbed.  Councilmember Peralta agreed.   

Councilmember Gonzales made a motion to approve the lease on a month to month basis. Councilmember Hahn seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.  


J. ComNet Antenna Proposal
Possible direction to staff regarding the ComNet antenna proposal at the old Police Department building.
 Item Result:Tabled
 Mr. Bellis stated Comnet has proposed that they would like to replace the antenna at the old Police Department with a 100 foot tower as opposed to a 75 foot tower for better connectivity at the Plaza.  He recommended tabling so that Comnet can make a presentation to the Council since it is within the historic district.

Councilmember Peralta made a motion to table. Councilmember Cantu seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
K. Resolution 14-24 Adoption of the 2013 Taos Economic Development Action Plan
Consideration and possible approval of Resolution 14-24: A Resolution Adopting the 2013 Taos Economic Development Action Plan prepared for the Town of Taos by LeapPartners, LLC in September 26, 2013.
 Item Result:Approved
 

Martha Perkins, Planning and Zoning Director, stated LeapPartners prepared this plan and they urge the Town and County to support regional economic development. The resolution indicates that the Town does support their recommendation.  She further stated staff is not ready to update the ordinance as it needs to be approved by the Planning and Zoning Commission.

Mr. Bellis stated adopting this resolution allows the Town and County to collaborate on a number of economic development initiatives.


Councilmember Hahn made a motion to approve. Councilmember Cantu seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
L. Local Economic Development Plan Update
Status update on the Local Economic Development Plan application from Green Block Construction, LLC.
 Mr. Bellis informed the council that staff has developed a scoring system to develop the Local Economic Development Act (LEDA) ordinance.  Staff is also developing a system to handle these cases as he is confident the Town will be receiving other applications.  

Mr. Caldwell stated the Town currently has a LEDA ordinance that needs to be updated.  The process needs to be streamlined to allow the governing body to enter into these agreements.
M. Lease Agreement for John Dunn Parking Lot
Review and possible approval of a Lease extension (TT-14-223) of one year for the portion of the approximately 0.34-acre area of the John Dunn parking lot not owned by the Town.
 Item Result:Approved
 

Mr. Caldwell stated Anne Brenner is the owner of the parking lot and has proposed a one year extension through her attorney, Scott Sanger.  He stated the lease is for $1,700 per month.

Councilmember Gonzales stated he would like to know what the impact is due to the reduced parking meter rates. He stated considering the status of the Town's budget and the cost of leases the Town needs to cover the basic overhead costs for leases.  Mr. Bellis stated the current situation is that the majority of revenues generated from parking meters have gone toward leases. He stated this issue does need to be addressed.

Councilmember Hahn requested that the Town collaborate with the County on parking issues. He stated it is a problem to break even on the revenue generated from parking meters. 


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.
10. MATTERS FROM THE MAYOR AND COUNCIL
A. Council Reports on Committee Assignments
1.  Report from Councilmember Gonzales regarding Hospital Nominating Committee.

2.  Other reports.
 

Councilmember Gonzales stated the Hospital Nominating Committee held several meetings over the past month and he is happy to report that three candidates were nominated to serve on the Holy Cross Board of Directors.  The nominations are:  Frederick Peralta, representing central Taos County; Bruce Coleman, member at large; and Karen Matherlee, representing southern Taos County.

Mayor Barrone expressed his concern that issues at the hospital need to be addressed.

Councilmember Hahn stated he is grateful that Councilmember Peralta applied to serve on the Hospital Board of Directors, but he has a problem with one of the Town's Councilmembers being put in a position of having to nominate one of his own fellow Councilmembers.  He requested, in the spirit of transparency, that Council representatives on boards recuse themselves from voting for fellow Councilmembers. He suggested that when there is a fiduciary commitment that needs approval, the Council should know about it prior to the board meeting. He wants to set up a process where the Council discusses the issues prior to the board member attending the meetings so that the board member will know Council’s position.

Councilmember Gonzales stated he did not discuss this issue with the Council due to the personnel issues the committee was dealing with. He further stated as a chairperson he was not put in a position to vote and explained that the candidates were selected by a majority of the nominating committee.  He agrees with being open and transparent and stated if he would have had to vote, he would have recused himself. 

Mayor Barrone stated members of the governing body are asked to serve on a number of boards.  He stated the boards are looking for voting members and if a member can’t vote, there is no reason for them to be on the board. He believes it would be difficult to come to the Council for approval on every decision that needs to be made.  Mayor Barrone further stated Councilmembers are appointed to these boards to represent the governing body. Councilmember Gonzales agreed and stated decisions he makes on the boards he serves on are made by him as an individual and not as a member of the Town Council. 

A lengthy discussion ensued regarding the responsibility of the Councilmembers when they sit on boards.

Councilmember Hahn stated he believes the Council needs guidance on this issue and asked the Town Attorney to set clear boundaries regarding the boards the Council sits on. Mayor Barrone stated he attended a training on ethics that really helps to understand when a Councilmember should recuse themselves from a vote.  Mr. Bellis recommended that Councilmembers review the bylaws for the boards they sit on.


B. PENDING LITIGATION- Discussion, consideration, and decisions regarding the following: (Executive and Public Session) Informational Items/Action Items
Discussion, consideration and decisions regarding Spring Ditch lawsuit. This items may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(7), which allows for discussion of pending or threatened litigation.
 

Councilmember Gonzales made a motion to go into Executive Session.  Councilmember Hahn seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.

At 12:30 a.m., Councilmember Gonzales made a motion to come out of Executive Session. Councilmember Hahn 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. Councilmember Hahn made a motion to accept Mr. Caldwell's report.  Councilmember Gonzales seconded the motion.  The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.  

Councilmember Hahn made a motion to direct Mr. Caldwell to reach out to the Spring Ditch representatives to explore mediation.  Councilmember Cantu seconded the motion.  The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.

 

 


11. ADJOURNMENT
 

A motion was made by Councilmember Hahn and seconded by Councilmember Cantu to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 12:33 a.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/.