Meetings
 

AGENDA
June 24, 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. May 27, 2014 Regular Meeting Minutes
7. PRESENTATIONS
A. 90 Day Report
Presentation from the Town Manager on the first 90 days of the current administration.
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. COPS Grant - Community Mediation Program
Presentation and discussion regarding the COPS (Community Oriented Policing Services) grant, submitted on June 13, 2014.  This non-matching grant is for $61,751.10 to create a community mediation program and also to train members of the Taos Police Department in Crisis Intervention.
B. Lease with Our Lady of Guadalupe Church
Consideration and possible approval to lease the parking lot known as “North Section of Our Lady of Guadalupe Church Parking Lot” for the purpose of operating a free public parking lot with the option to install parking meters from the Our Lady of Guadalupe Church.  The term of this lease is One (1) Year. 
C. Lodger's Tax Agreed Upon Procedures FY 2012-2013
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 2012-2013 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.
D. Amendment No. 5 to CH2M HILL-OMI
Consideration and possible approval of Amendment No. 5 to Contract TT-09-95 with CH2M HILL-OMI in the amount of $879,989.76 for a period of one year from July 1, 2014 through June 30, 2015 in continuation of an eight-year contract.
E. Contract TT-15-17 with Souder Miller and Associates
Consideration and possible award of Contract TT-15-17 to Souder Miller and Associates for the engineering of water projects (Weimer Hills area water lines) in relation to Water Trust Board Project 260 in the amount of $312,007.09 plus Gross Receipts Tax (8.1875%).
F. Contract with UNM Taos
Consideration and possible approval of Contract TT-15-09 with UNM Taos in the amount of $25,000.00 inclusive of gross receipts tax for the management of Channel 22 to include recording of Town Council Meetings, Town Planning and Zoning Commission Meetings, and Historic Preservation Meetings.
G. Amendment No. 3 to Waste Management of New Mexico, Inc.
Consideration and possible approval of Amendment No. 3  to Contract TT-10-122 with Waste Management of New Mexico Inc. to increase the annual payment by $15,900 to the total annual amount of $790,900 payable for fiscal year 2013-2014 for Solid Waste Collection Services.
H. Amendment No. 4 to Waste Management of New Mexico, Inc.
Consideration and possible approval of Amendment No. 4 to Contract TT-10-122 with Waste Management of New Mexico Inc. in the amount of $790,900 payable for fiscal year 2014-2015 for Solid Waste Collection Services.
I. Resolution 14-30 Budget Policies
Approval of Resolution 14-30; Budget Policies for Fiscal Year 2014-2015.
J. Resolution 14-31 Capital Improvements and Community Grants Program
Approval of Resolution 14-31; Capital Improvements Program and Community Grants Program for Fiscal Year 2014-2015.
K. Resolution 14-32 Annual Operating Budget
PUBLIC HEARING:   Approval of Resolution 14-32; Annual Operating Budget for Fiscal Year 2014-2015
10. TOWN MANAGER'S REPORT
A. Status of Eco Park Locker Rooms
Report to Town Council on the status of the Eco Park locker rooms.
11. MATTERS FROM THE MAYOR AND COUNCIL
A. Appointment of the Lodgers Tax Advisory Board
Consideration and possible approval of appointments to the Lodgers Tax Advisory Board.
B. Mayor's Update
C. Council Reports
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
June 24, 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       

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


3. PLEDGE OF ALLEGIANCE
  Councilmember Cantu led the audience in the Pledge of Allegiance.
4. MOMENT OF SILENCE
5. APPROVAL OF AGENDA
 
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.
6. APPROVAL OF MINUTES
A. May 27, 2014 Regular Meeting Minutes
 Item Result:Approved
 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.
7. PRESENTATIONS
A. 90 Day Report
Presentation from the Town Manager on the first 90 days of the current administration.
 Mr. Bellis stated the 90 Day Report will be in the Taos News this week and is also available online.
8. CITIZENS FORUM
 

·Walter Brennan, Vice President of the Holy Cross Hospital Union, stated there are issues at the hospital that need to be worked on collaboratively. He further stated there are decisions being made behind closed doors and the outsourcing of several jobs has decreased the number of doctors serving patients. He believes the hospital needs to be run efficiently or the structure and financial aspect needs to be changed.  He also believes there is a need for an independent study on the operations of the hospital. He invited the Council to attend the Hospital Task Force meeting on Wednesday, July 2, 2014 at 6:30 p.m.

·Gina O’Hara, with Holy Cross Hospital, stated she is concerned about the hospital outsourcing services over the past several years.  She would like more people to be involved to ensure the hospital is going in the right direction. Councilmember Gonzales stated hospitalists need to provide more than just health care and should know the demographics of the community as well. 

·Gabriel Chavez stated he is a lifelong resident of Taos and is retired from the United States Air Force.  He further stated he is disturbed and appalled by the Council's decision to rename Kit Carson Park.  He stated Kit Carson was a great American and a great General.  He further stated when the Council accepted the information about Kit Carson being a killer and murderer they branded all military as murderers and killers, including him.  He explained the good things Kit Carson did and the expeditions he led and asked for reconsideration of renaming the Park and restoring Kit Carson’s name.

· Martin Jagers, President of the Board of Directors of Kit Carson Home and Museum, read a statement on behalf of the museum and stated the mission of the museum is to inform the public about the life experiences of Kit Carson and preserve his family home for future generations.  He also stated Kit Carson became bigger than life in his time and was a resident of Taos as well. One cannot get a handle on this man with just a few sentences. The Museum would like to have a free public viewing of a video portraying the life of Kit Carson at the TCA or another venue.  Councilmember Hahn asked if it would it be possible for the video to be broadcast on Channel 22. Mr. Jagers stated he will work with UNM to determine whether the video can be broadcast on Channel 22.

· Fabby Romero thanked the Council for changing the name of the park.  She is disturbed that people are saying Kit Carson opened the way to the west as Native Americans and the Spaniards opened the way to the west.  She stated she has a problem with naming anything after a person because all people are complex.  She proposed naming the park in honor of the Mexicans and Native Americans who rebelled against the American Army and who were hung in the park trying to defend their land.

·Rivera Sun handed out red willow branches and asked people to hold up their branches.  She stated many people have been honored, but an important part of the community has not been honored.  She read a statement from Chrystalline Concha that said the new administration aims to work together as a whole community which requires taking steps together.  She applauds the Council for taking steps towards healing.  The goal of change was not to hurt anybody but to move forward in a healthy way. 

Mayor Barrone stated he received a phone call from Taos Pueblo Tribal Officials who wanted to be here tonight, but because of the Feast of San Juan celebration they were unable to attend.

-Dave Kozial stated red willow is about renewal and growth and the Town needs to recognize the original people from Taos.  He further stated Kit Carson was a scorcher and a scalper.

·Dariel Garner stated his family has been in Taos for many generations.  He further stated changing the name of the park from someone who has been involved in wars to a symbol of peace is the best decision.  He thanked the Council for their support and believes everyone needs to move together in peace and reconciliation. 

· Julie (last name was not provided) stated her children are from Taos Pueblo and she is from Jemez Pueblo.  She stated she has read many books about Kit Carson and people interpret the books differently.  She stated he was loyal to the military but she believes he was two-faced in that he lived amongst the Native Americans.  She further stated she is thrilled with the name change because it not only affects the community of Taos, but all pueblos in America.  People are barely starting to heal and this is a small step toward healing.

·Jeanne Green commended the Council for changing the name of the park.  She stated to know the history of Kit Carson and see his name at the park is insulting to Native Americans.  She appreciates that the Council is paying attention to this issue as she is sure they did not think this would be so controversial.

·Robbie Romero thanked everyone for sharing their views on this issue.  He stated he suggested the name Red Willow to the Mayor and Council because the red willow is sacred to the indigenous people and is used in ceremonies in so many ways.  It is also a symbol of coming together.  He believes the era of misconceptions and stereotypes is over. 

·David Fernandez stated he is a native Taoseño and is here as a descendent of a Navajo grandmother.  He stated his great grandmother and her brother were out in the fields and were kidnapped by Comanches and made the circuit to the Taos Trade Fair and she became a resident of Taos Pueblo. Furthermore, he stated he has been a part of Taos in many ways as a writer, a newspaper columnist and is very familiar with all the different eras of Taos history.  Many people have the impression that the Council moved too fast on their decision to change the name of the park. He suggested in the future the Council ask a historian for assistance when dealing with historical issues and offered his assistance to the Council.

-David Cortez stated he believes the Washington Redskins having to change their name is very important and the decision the Council made was crucial.

·Judge Richard Chavez stated he has always known the park as Kit Carson Park.  He stated if the Council wants to pay tribute to the people of Taos Pueblo they should name the park after a true hero and name it Tony Reyna Park.

· Michelle Concha stated she is here with an open mind and open heart.  There is a lot of controversy regarding a place where everyone congregates.  She asked the Mayor to reschedule this important discussion because today is the Feast of San Juan celebration at Taos Pueblo. Furthermore, she stated her father, Mike Concha, said back in the 1940's when the Bataan Death March warriors came back to Taos there was talk about naming the park Veterans Park, which includes all races. 

·  Christian (last name inaudible) thanked the Mayor and Council for considering changing the name of the park.  She stated red willow is a medicine and is used by the red willow people.  These people have suffered so much.  She is happy that Taos is an example to other towns.

·  David Van Epps stated he is concerned with the way the name change happened. He believes there would be no public comment today if there was no public outcry.  The people of the Taos have a right to know when something is going to change and they have a right to have input. He further stated historians know the era that Kit Carson lived in and who he was.  He further stated Veterans Park is an excellent name.  He asked that, in the future, the Council include the citizens when making decisions.

· Nina Matishek expressed gratitude to the Mayor and Council for their decision to rename the park.

Mayor Barrone stated the idea of changing the name of Kit Carson Park was not to rewrite the past, but instead to start the discussion about working together to build one community and one future for all Taoseños. 

Councilmember Gonzales stated in the past two weeks he received many emails from people who were for and against the Council's action.  He believes that the Council had the right intentions in mind; however, they may have acted too expediently without involving the public.  He read a statement that indicated he feels he may have left out the majority of the general public in a democratic process. He apologized to those he may have offended by the action the Council took, and to those he may offend with his desire to redact his vote. He feels he made his vote in an uninformed and extremely improper manner and did not take proper advisement of his own accord.  For that he reason, he requested that the Council hold a proper public meeting with proper notice to be given with date certain so that this issue can be heard, discussed, and debated by the majority of the community.  

Mayor Barrone stated the Town will place this issue on the next Council agenda.


9. MATTERS FROM STAFF
A. COPS Grant - Community Mediation Program
Presentation and discussion regarding the COPS (Community Oriented Policing Services) grant, submitted on June 13, 2014.  This non-matching grant is for $61,751.10 to create a community mediation program and also to train members of the Taos Police Department in Crisis Intervention.
 Item Result:Approved
 

Police Chief David Weaver explained this application is for a two year, non-matching grant, to create a community mediation program.  Furthermore, the grant will provide funds to train ten additional community mediators, and supply CIT (Crisis Intervention Training) to the patrol staff of the Taos Police Department.  Chief Weaver further stated the final goal is to have this program be converted into a private entity at the end of the second year.

Councilmember Peralta asked if funds from the grant can be used to educate officers to not use deadly force. Chief Weaver explained crisis intervention assists with that issue and puts an emphasis on de-escalating situations. 

Mayor Barrone thanked the Chief for applying for the grant. 

Extensive discussion ensued on the sustainability of the program.  Chief Weaver stated he has coordinated with several police departments and entities, including Tri-County, to ensure that the program will be sustainable.   


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. Lease with Our Lady of Guadalupe Church
Consideration and possible approval to lease the parking lot known as “North Section of Our Lady of Guadalupe Church Parking Lot” for the purpose of operating a free public parking lot with the option to install parking meters from the Our Lady of Guadalupe Church.  The term of this lease is One (1) Year. 
 Item Result:Approved
 

Mr. Caldwell stated this is a one year renewal/extension of the current lease for the Loretto Parking Lot.  He stated he placed an additional provision which allows a 30 day termination notice in the event that the Town is able to make substantial changes to the parking plan.  Additionally, the church will use the parking lot for three days during Fiestas for fundraising efforts.

Councilmember Hahn asked if there is a standard rate for parking leases. Mr. Bellis stated the rates are negotiated.  Mr. Caldwell added that there are some historical rates that have been adjusted to today’s market price; however, with all the properties the Town leases to or from other properties, appraisals will need to be completed soon. 

Councilmember Hahn asked who paved the parking lot. Councilmember Peralta stated the Town paved the parking lot. Councilmember Hahn asked if the Town received compensation for paving the parking lot.  Councilmember Peralta stated he believes the Town was compensated by paying a lower lease for a few years.  Mr. Caldwell stated he could research that issue and report his findings to the Council.  Steve Kennebeck, Facilities Director, stated the current lease is $30,000 and ten years prior to this year, it was $20,000.


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.
C. Lodger's Tax Agreed Upon Procedures FY 2012-2013
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 2012-2013 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.
 Item Result:Approved
 

Marietta Fambro, Finance Director, stated the audit report was prepared by Accounting and Consulting Group in accordance with the Town Code and the Lodger's Tax Act which requires audits of vendors in municipalities that collect in excess of $250,000 in occupancy tax.  She also indicated that the findings are on page 33 of the report and responses are on page 34 of the report. 

Councilmember Gonzales expressed his concerns about lodgers who are extremely behind on paying their tax and asked if there is an established procedure to place liens on properties when they are delinquent.  Mr. Caldwell stated staff is in the process of establishing procedures.  He further stated the Town does do a good job of enforcing the ordinance, but it is difficult to control because the Town collects tax based on what the lodgers report.  Staff education on enforcement needs to be routinely scheduled. Furthermore, Mr. Caldwell stated the Town has a right to claim a lien; however, the procedures can be very burdensome.  

Councilmember Peralta stated according to the report, there were several properties that did not provide information for the audit.  He further stated these are properties that are paying their lodgers tax, but in looking at the report, it appears as though the properties have not paid any tax because the report was left blank.  Ms. Fambro stated she believes the report was blank because the auditors did not have sufficient information to compare with what has been received. 

Councilmember Hahn expressed concern about the auditors' recommendations and asked whether there is dedicated staff in the Finance Department to implement the recommendations.  Ms. Fambro stated she currently has a Fixed Assets/Finance Assistant position that works on lodgers tax reports and with the Legal Department on collections if lodgers are delinquent.   She further stated the new Business Manager position will oversee the lodgers tax collections and work with the Legal Department on ensuring that the ordinance is enforced.   

Councilmember Gonzales asked if there is a likelihood of making one taxing agency in collaboration with Taos County.  Mr. Caldwell stated that may be possible through a Joint Powers Agreement or a Memorandum of Agreement with Taos County.   He stated that issue could be added as a discussion item at a joint meeting; however, he cautioned that there may be a potential for overlapping audit findings which could become very complicated.


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. Amendment No. 5 to CH2M HILL-OMI
Consideration and possible approval of Amendment No. 5 to Contract TT-09-95 with CH2M HILL-OMI in the amount of $879,989.76 for a period of one year from July 1, 2014 through June 30, 2015 in continuation of an eight-year contract.
 Item Result:Approved
 

Francisco Espinoza, Public Works Director, stated this contract was awarded under an RFP for operational and maintenance services for the Taos Valley Regional Treatment Facility.  He further stated this will be the seventh year of an eight year contract and there is an increase of 3.75% over the base amount of the Fiscal Year 2013-2014 contract.  The increase is based on the Consumer Price Index (CPI), which is permissible under the original contract.        

Councilmember Gonzales stated using the CPI for increases is the best way to conduct business.  He believes it is very important for the Town to consider the CPI when budgeting and contracting with vendors. 

Councilmember Peralta asked which CPI was used to determine the contract increase.  Mr. Caldwell explained the indexes used to determine the increase. 

Councilmember Hahn asked how often an RFP for services goes out.  Mr. Caldwell stated contracts of this amount can be extended for up to eight years.  Councilmember Hahn stated he has a number of issues with this contract and has requested a copy of the contract and has not received it. He would like a complete breakdown on all costs including labor, chemicals, expenses, etc.  He would prefer that this contract be on a month to month basis. 

Councilmember Gonzales asked why Councilmember Hahn has not seen the contract.  Mr. Caldwell stated the contract is available and is a public record. 

Councilmember Gonzales asked how the Town would be affected if the contract was approved on a month to month basis.  Mr. Espinoza stated he believes the rate would probably increase accordingly. He further stated approving Amendment No. 5 for 12 months gives staff the opportunity to prepare for the RFP process.  Councilmember Gonzales stated he believes it would be irresponsible for the Council not to renew the contract.  

Mr. Caldwell stated he interprets the contract to read that it automatically renews unless the Town gives 120 days notice not to renew.  Additionally, Mr. Caldwell stated there is a provision that allows the Town to give 90 days notice of termination and as of this moment, he believes the Town is bound by the terms of the existing contract.  Mr. Caldwell further stated the purpose of this amendment is to address the price adjustment based on the CPI and he does not believe the Town has the right to engage in a month to month contract. 

Councilmember Peralta asked, if the Town gave a 90 day notice of termination, would an RFP have to go out for operations of the treatment plant.  Mr. Caldwell stated yes, there would be that risk.  Mr. Caldwell also stated in the annual price adjustment, there is a provision for both parties to negotiate the price adjustment and if they cannot achieve an agreement, then it would automatically use the CPI formula. 

Councilmember Hahn stated he has a problem with approving this without all the information he has requested.  He also stated he believes the Town has the expertise to bring the operations in house.   

Anthony Martinez, Project Manager for CH2MHILL-OMI, stated his company is here to help and support the Town.  He explained several ways that they provide services to the Town to protect the Town from liability. He further stated CH2MHILL-OMI employs lawyers, grant writers, and chemists who work to assist the Town and provide support 24 hours per day. 

Councilmember Hahn stated he wants to meet with Mr. Martinez and learn everything possible about the treatment plant as he has many issues with the management of the treatment plant and the price increases.  Mr. Espinoza stated he will contact Councilmember Hahn to schedule a walk through.

Councilmember Peralta stated if Councilmember Hahn has any issues after his investigation of the treatment plant, then he can come back and request that the Council reconsider the contract.

Councilmember Hahn stated in the future he would like for the Town Manager to notify the Council when a contract is 120 days from expiring so that they can decide whether to renew it.


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.
E. Contract TT-15-17 with Souder Miller and Associates
Consideration and possible award of Contract TT-15-17 to Souder Miller and Associates for the engineering of water projects (Weimer Hills area water lines) in relation to Water Trust Board Project 260 in the amount of $312,007.09 plus Gross Receipts Tax (8.1875%).
 Item Result:Approved
 Mr. Espinoza stated Souder Miller and Associates was the only respondent to the RFP.  Councilmember Peralta asked how the notices of RFP were sent out.  Mr. Espinoza stated the RFP was noticed in the Albuquerque Journal, the Taos News and on the Town's website.

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.
F. Contract with UNM Taos
Consideration and possible approval of Contract TT-15-09 with UNM Taos in the amount of $25,000.00 inclusive of gross receipts tax for the management of Channel 22 to include recording of Town Council Meetings, Town Planning and Zoning Commission Meetings, and Historic Preservation Meetings.
 Item Result:Approved
 

Mr. Caldwell stated this is a one year renewal of the contract for recording of Town Council meetings. He stated the previous two contracts were for $35,000 each year which included $10,000 for equipment. This year, the contract does not include $10,000 for equipment.  If additional equipment is needed, either the Town will pay for it and keep the equipment or UNM will pay for it and keep the equipment.

Councilmember Gonzales asked if UNM can evaluate compatibility issues so that those with Apple devices can view live streaming of the Council Meetings.  Bill Knief, with UNM Taos, stated he will relay that question to Mr. Loius Moya, Director of Development at UNM Taos. 

Councilmember Hahn stated he has received complaints about Council Meetings and other Town events not being rebroadcasted on Channel 22.  He also stated he would like to know what other programs are being recorded, as he wants to ensure that the Town gets the best deal possible.  In addition, Councilmember Hahn expressed concern that he has not seen interns learning the broadcasting system.  Mr. Knief stated Francis Santistevan, who is currently filming this meeting, is a student.  He further stated, regarding rebroadcasting programming, UNM has no problem repeating meetings and events. 

Councilmember Hahn stated he wants to table this item until he has time to review the contract and the cable franchise agreement.  Mr. Caldwell emphasized the contract expires June 30th and explained there is a termination provision with a 30 day notice. 

Councilmember Cantu expressed her concern about receiving copies of contracts with just a few days to review prior to Council meetings.  She stated it would be helpful to receive the contracts sixty days in advance. Mr. Bellis assured Councilmember Cantu that management shares her frustration as they only recently found out that several of these contracts are set to expire on June 30th.   In order to provide continued services while management studies the contracts, a 30 day termination clause has been added to contracts.  He further stated staff will set up a series of meetings on these individual contracts and will inform the Council of those meetings so that they can attend if they wish.


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.
G. Amendment No. 3 to Waste Management of New Mexico, Inc.
Consideration and possible approval of Amendment No. 3  to Contract TT-10-122 with Waste Management of New Mexico Inc. to increase the annual payment by $15,900 to the total annual amount of $790,900 payable for fiscal year 2013-2014 for Solid Waste Collection Services.
 Item Result:Approved
 Ms. Fambro stated this contract amendment reflects the actual amount billed versus the estimated approved amount at the beginning of fiscal year 2013-2014.  The contract is based on the actual number of customers serviced each month, and this year the actual billing was $790,852.79.  Additionally, Ms. Fambro stated this contract allows for a CPI increase in November, so there may be a need to come back to the Council to request an increase. She further stated this is another contract that needs to be reviewed in detail by Mr. Bellis and Mr. Caldwell.

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.
H. Amendment No. 4 to Waste Management of New Mexico, Inc.
Consideration and possible approval of Amendment No. 4 to Contract TT-10-122 with Waste Management of New Mexico Inc. in the amount of $790,900 payable for fiscal year 2014-2015 for Solid Waste Collection Services.
 Item Result:Approved
 Ms. Fambro stated this amendment reflects the terms of the contract with an automatic extension for three additional one-year terms.  She further stated the contract is based on the actual number of customers serviced each month which, for this year, will be based on last year's actual billing at an average of $65,900 per month.

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.
I. Resolution 14-30 Budget Policies
Approval of Resolution 14-30; Budget Policies for Fiscal Year 2014-2015.
 Item Result:Approved
 Ms. Fambro stated the summary of changes include reserve requirements, procurement limit clarification and amounts, fiscal agent fee of 5%, contract authority limits, procurement card spending and administrative limits for budget adjustments.

Councilmember Peralta requested that staff provide reports to the Council listing contracts that have been administratively approved by the Mayor and Town Manager.  He believes this would be helpful in the event the Council is questioned by constituents.

Extensive discussion ensued regarding change orders and amendments to contracts.

Ms. Fambro recommended amending the red-lined version of the resolution as follows:
    - Section 10 paragraph A. 2., amount should be $10,000 to $30,000;
    - Section 17 title should read "Procurement Card Payments for Tangible Goods or Materials".

Councilmember Hahn made a motion to approve as amended. Councilmember Peralta seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
J. Resolution 14-31 Capital Improvements and Community Grants Program
Approval of Resolution 14-31; Capital Improvements Program and Community Grants Program for Fiscal Year 2014-2015.
 Item Result:Approved
 Ms. Fambro presented the budgets for the Capital Improvements Plan and Community Grants.   Ms. Fambro stated if the COPS Grant (discussed under Item 9.A.) is approved, she would like authorization to add it to the Community Grants budget. 

Ms. Fambro referred to page 9 of the Capital Improvements Plan and requested that the title of the last page be changed to "LANDFILL ACQUISITION FUND (85)".

Councilmember Gonzales made a motion to approve as amended. Councilmember Hahn seconded the motion. The motion was Passed.
 Those voting AYE were: Councilmembers:Cantu, Gonzales, Hahn, Peralta.
K. Resolution 14-32 Annual Operating Budget
PUBLIC HEARING:   Approval of Resolution 14-32; Annual Operating Budget for Fiscal Year 2014-2015
 Item Result:Approved
 Public Opinion

Mayor Barrone opened the public hearing. 

Ms. Fambro reviewed the Revenues Summary in the amount of $63,284,016 and the Expenditures by Fund Type in the amount of $54,735,417.  Ms. Fambro stated based on the departments' projected expenditures there will be an increase of $277,889 in the additional reserve fund.

Mr. Bellis asked how close is the budget to obtaining the 2/12 reserve that has been discussed in several meetings.   Ms. Fambro stated the Town is approximately $8 or $9 thousand from obtaining the 2/12 reserve.  She further stated this budget will be sent to the Department of Finance and Administration (DFA) along with all the resolutions that have been approved.  When the budget is approved by DFA, Ms. Fambro will bring it back to the Council one more time for final approval.  Mr. Bellis stated the compensation plan was not included at this time because there is not enough information to request approval; however, the allocation is included the budget. 

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

Councilmember Peralta stated it does not appear that the budget is balanced because the expenditures are approximately $54,000,000 and the revenues are approximately $63,000,000.  He asked where the other $9,000,000 is located.  Ms. Fambro stated the balance appears in the reserves. Councilmember Peralta requested that, in the future, the reserves be included in the budget on the balance sheet.
 
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. TOWN MANAGER'S REPORT
A. Status of Eco Park Locker Rooms
Report to Town Council on the status of the Eco Park locker rooms.
 Steve Kennebeck, Facilities Services Director, and Pete French, representing Taos Sports Alliance (TSA), provided a layout of the new locker room facility.  Mr. French stated the facility is a modular structure that will be positioned between Fields 2 and 3 next to the facility where the current restrooms are located. 

Mr. Kennebeck stated in the last couple of weeks a lot of discussion has taken place between the Town and TSA and both entities have finally come to consensus on the buildout of the locker rooms.  He stated the cost for the facility is unknown at this time; however, a more basic plan was estimated to cost $90,000.  Furthermore, the Town has the Cooperative Education System (CES) procurement in place and will be able to work with three different vendors to construct the modular home at the best price.
 
Councilmember Gonzales asked who will be allowed to use the locker rooms.  Mr. French stated anyone who uses the fields for a game will be allowed to use the locker rooms.  Councilmember Gonzales stated he wants to see youth football on the soccer field as the field was initially envisioned as a multi-use sports facility.  He also wants more sports groups to be able to use it.

Mr. Bellis requested that staff be allowed to send the draft and proposal to CES to get three quotes which will include the modular facility, site preparation, and installation. Councilmember Gonzales directed staff to move forwarded with formalizing the process.
11. MATTERS FROM THE MAYOR AND COUNCIL
A. Appointment of the Lodgers Tax Advisory Board
Consideration and possible approval of appointments to the Lodgers Tax Advisory Board.
 Item Result:Approved
 

Mayor Barrone recommended the following members to the Lodgers Tax Advisory Board:

1.     Chris Smith (Representing Lodging) (Taos Inn) (Taos County Lodgers Association)
2.     Tina Harlow (Representing Lodging) (Monte Sagrado)
3.     Judi Cantu (Town resident ) (Town Council)
4.     Cisco Guevara (Representing Tourist businesses) (Los Rios River Runners)
5.     Kara Williams (Representing Tourist businesses) (Taos Mountain Outfitters and Good Sole)

Councilmember Gonzales asked if there is a conflict of interest with Councilmember Cantu serving on the board.  Mr. Caldwell stated because it is an advisory board and only makes recommendations to the governing body, he does not see a conflict of interest; however, it would be appropriate to disclose the fact that a councilmember sits on the board.  Councilmember Gonzales stated she can give her opinion even if she is not on the board.  Councilmember Cantu asked if she would have to recuse herself from any decisions.  Mr. Caldwell stated he does not believe she would have to recuse herself from any decisions.  Councilmember Cantu stated she has been attending Lodgers Tax Advisory Board Meetings since last fall. 

Mr. Bellis stated staff intends to inform a number of the committees that deal with marketing to begin consolidating efforts and use the Lodgers Tax Advisory Board as the official board to deal with tourism and marketing issues and with the proposed Tourism and Marketing Director.   

Mr. Bellis further stated the two remaining commissions to be appointed are the Planning and Zoning Commission and the Historic Preservation Commission. He further stated the criteria for appointing members to the Historic Preservation Commission is extremely limited making it difficult to find people to serve.


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. Mayor's Update
 Mayor Barrone stated he and Mr. Bellis went before the County Commission and gave a presentation requesting the use of the Old County Courthouse and they were told to put together a proposal and the request would be considered.

Mayor Barrone also stated the Ancianos program is moving forward with the County taking it over and they will be coming to the Council to request use of the building owned by the Town.
C. Council Reports
 

Councilmember Hahn stated last week the Landfill Board voted to add a minimum charge of $5 per load. 

He also stated the elders at Ancianos, Taos Retirement Village and Taos Pueblo would like the Mayor and one or two Councilmembers to meet with elders at Ancianos once per month.  He provided the following names of individuals that will be contacting the Council to request attendance at the monthly meetings:

- Bonnie Golden at Taos Retirement Village, 779-8975;
- Mike Trujillo at Ancianos, 758-4091;
- Sean Duran at Taos Pueblo,758-8626.

Councilmember Peralta stated the DH Lawrence Ranch should be opening next week on Mondays, Thursdays and Saturdays from 10:00 a.m. - 4:00 p.m.  Also, he will be attending a Hospital Board Meeting tomorrow night and will give an update at the next Council meeting.


12. MATTERS AND REPORTS FROM THE MAYOR
13. MATTERS AND REPORTS FROM THE COUNCIL
14. ADJOURNMENT
 

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 11:13 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/.