AGENDA
August 12, 2014
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
1:00 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.July 8, 2014 Regular Meeting Minutes
B.July 14, 2014 Special Meeting Minutes
C.July 22, 2014 Regular Meeting Minutes
7.AWARDS AND RECOGNITIONS
A.Oath of Office for Police Cadet
Judge Richard Chavez will the administer Oath of Office to new Police Cadet, Chrissie W. Vigil.
8.PRESENTATIONS
A.Presentation Regarding Old County Courthouse
Discussion, consideration and possible action regarding the following:
Presentation from Taos County Chamber of Commerce, Taos Entrepreneurial Network, Taos Mainstreet and Taos Arts and Cultural District regarding the Old County Courthouse.
9.CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
10.MATTERS FROM STAFF
A.Resolution 14-37 Personnel Policy Amendment
Discussion, consideration and possible approval of Resolution 14-37 amending the Merit Personnel Policy- Part 6(B): General Working Conditions, Section Public/Political Office.
B.Resolution 14-38 Water Rights Trust Termination
Discussion, consideration and possible approval of Resolution 14-38 of the Town of Taos Council approving the termination of that certain amended and restated Water Rights Transfer Trust Agreement Dated May 10, 1995.
C.Road Construction Update
Update from the Public Works Director regarding progress on Town road projects.
11.TOWN MANAGER'S REPORT
A.Mainstreet/Arts & Cultural District
Discussion and possible action regarding Mainstreet/Arts &Cultural District.
B.Date of Public Hearing Regarding Runway Project
Discussion, consideration and possible action regarding a date of a public hearing regarding the Taos Airport Crosswinds Runway.
C.Status Report on Request for Proposals
Status report: RFP’s for commercial cell tower, Local Economic Development Block Grant (LEDBG) and Community Services Block Grant (CSBG).
D.Policies for Receiving Septic Waste
Discussion and information:
Policies for receiving septic waste at the Town's Sewage Treatment Facility.
12.MATTERS FROM THE MAYOR AND COUNCIL
A.Downtown Parking
Reconsideration of the free parking for the Farmers Market and holiday season.
B.Mayor's Update
  1. Discussion of possible dates for a Joint Town/County Meeting.
  2. Other Reports
C.Council Reports
13.MATTERS AND REPORTS FROM THE MAYOR
14.MATTERS AND REPORTS FROM THE COUNCIL
15.EXECUTIVE SESSION
A.PERSONNEL MATTERS- Discussion, consideration, and decisions regarding the following: (Executive and Public Session) Informational Items/Action Items
Discussion, consideration and decisions regarding the Town Attorney. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters.
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.
Meetings
 

MINUTES
August 12, 2014
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
1:00 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
  Richard Archuleta led the audience in the Pledge of Allegiance.
4. MOMENT OF SILENCE
  Agenda was amended to include recognition of former Youth Councilmember Michael Landgraf and recognition of Mystic Dance.

Councilmember Peralta 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.
5. APPROVAL OF AGENDA
  Agenda was amended to include recognition of former Youth Councilmember Michael Landgraf and recognition of Mystic Dance.

Councilmember Peralta 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.
6. APPROVAL OF MINUTES
A. July 8, 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. July 14, 2014 Special Meeting Minutes
 Item Result:Approved
 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. July 22, 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.
7. AWARDS AND RECOGNITIONS
A. Recognition of Michael Landraf
 Mayor Barrone presented a plaque and a gift certificate to Michael Landgraf, former Youth Councilmember, and thanked him for representing the youth of Taos.  He thanked him for sharing his experience and for his dedication and commitment to the Town of Taos.
B. Recognition of Mystic Dance
 Councilmember Cantu stated she is excited to present the certificates to these young talented individuals for winning a national championship and for being involved in something so positive.  She thanked the coaches and students for dedicating their time and talent for this accomplishment.  Councilmember Cantu further thanked the parents for supporting the children and encouraged the children to be the leaders of tomorrow.
C. Oath of Office for Police Cadet
 Judge Richard Chavez administered the Oath of Office to the new Police Cadet, Chrissie W. Vigil.
8. PRESENTATIONS
A. Presentation Regarding Old County Courthouse
Discussion, consideration and possible action regarding the following:
Presentation from Taos County Chamber of Commerce, Taos Entrepreneurial Network, Taos MainStreet and Taos Arts and Cultural District regarding the Old County Courthouse.
 

Marko Schmitt, stated he is speaking on behalf of the Downtown Community Coalition and is concerned about MainStreet’s development.  He stated the coalition does not want to see the County Courthouse close and would like to assist with the plan for the future of the courthouse.  He further stated the locks on the doors to the Mural Room have been changed and the Arts and Cultural District/MainStreet have received an eviction notice.  He requested that the Town consider the role as fiscal agent in partnership with the coalition to provide a conduit for grants, legislative appropriations, financial transparency and accountability to the County and the public.

 

Councilmember Gonzales stressed that the Old County Courthouse is not owned by the Town.  He expressed concern that this presentation has not been presented to the County Commission.  Without collaboration from the County no one can move forward. He wants to ensure that the Courthouse remains an open public space for the citizens to utilize. He recommended collaborating with the County first, then coming back to the Town.

 

Steve Archuleta, Taos County Manager, stated he was surprised to see this item on the agenda considering it references the Old County Courthouse, which is owned by Taos County. He clarified for the record that no one has been given an eviction notice, the locks were changed due to liability issues, and events have continued. He further stated on August 19, 2014 the Commission will consider the use of the Courthouse. The County has invested about $100,000 for improvements and is considering a management agreement and will decide whether it will be open for cultural events or a museum.  Furthermore, the Commission would like to see the bottom space utilized for commercial use.  Additional renovations will cost approximately $250,000. 

 

A member of the coalition (name was not provided) stated the coalition intends to make a presentation to the County. 

 

Councilmember Peralta stated he believes the Town and County need a long term financial plan to make this work.  The anti-donation clause cannot be violated and a lot more work and discussions need to take place before any kind of decision can be made.

 

Councilmember Hahn encouraged the Coalition to meet with the County Manager before the August 19, 2014 Commission Meeting. 

 

Mayor Barrone stated it would be great if the Town and County can collaborate and find funds to revitalize the downtown area and the Old County Courthouse.  Mr. Archuleta agreed and stated a lot of different avenues need to be explored before going into an agreement.

 

Arsenio Cordova stated the Town and County need to first evaluate the regulations considering the Courthouse is a historical landmark and belongs to the citizens.  He stated he does not agree with the coalition being formed this morning and coming to the Council this afternoon to request that the Town be fiscal agent.

 

Councilmember Hahn requested that Mr. Cordova be included in future meetings of the Downtown Coalition.


9. CITIZENS FORUM
 

The following individuals spoke during Citizens Forum:

  • Marilyn Hoff thanked the Council for placing an item on the agenda to consider a public forum on the runway project. She requested that the forum occur before bids come in and that the public be allowed a lot of time to speak. 
  • Barbara Hatfield supported Marilyn Hoff and stated she is truly a concerned citizen.   
  • Stephens Hall discussed a survey in the Taos News asking whether Mayor Barrone should step down as County Commissioner. He also discussed several other town issues.

 


10. MATTERS FROM STAFF
A. Resolution 14-37 Personnel Policy Amendment
Discussion, consideration and possible approval of Resolution 14-37 amending the Merit Personnel Policy- Part 6(B): General Working Conditions, Section Public/Political Office.
 

Amy Seidel, Human Resources Director, presented Resolution 14-37 and stated the resolution addresses the policy on employees running for a public or political office.

 

Councilmember Peralta asked what is the policy of on non-partisan elections.

 

Mr. Caldwell stated the policy previously approved by the Council included a provision that stated employees running for non-partisan elections are not required to take personal leave prior to the election.

 

Councilmember Peralta stated Paragraph C gives no restrictions to non-partisan elections.  He used an example of an employee running for mayor and possibly using their position to campaign.  He believes the same rules should apply for partisan and non-partisan elections.  Mr. Caldwell stated the resolution can be changed to reflect that recommendation and would also have to apply to school board elections.  Unopposed candidates would be excluded and should be stated in the Resolution.

 

Councilmember Peralta made a motion to approve for discussion.  Councilmember Gonzales seconded the motion.

 

Councilmember Peralta made a motion to include language indicating that employees running in non-partisan elections (including Municipal and School Board Elections) be held to the same standards and must take leave from their position with the Town for thirty calendar days immediately prior to the election. Additionally, language shall be included indicating unopposed candidates shall be excluded from this policy.   Councilmember Gonzales seconded the motion.  The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.

 

Councilmember Peralta made a motion to close discussion on the original motion and vote in the affirmative with the amendment. Councilmember Gonzales seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.


B. Resolution 14-38 Water Rights Trust Termination
Discussion, consideration and possible approval of Resolution 14-38 of the Town of Taos Council approving the termination of that certain amended and restated Water Rights Transfer Trust Agreement Dated May 10, 1995.
 

Mr. Caldwell stated this is for water rights located in Lower Las Colonias which were placed in trust with the Town of Taos under the theory that once the water rights were transferred to Town wells, the respective amounts of water would be made available to the Hughes family and their beneficiaries for purposes of hooking into the Town’s water system at a future date. He recommended the Town agree to Termination of Trust and allow the State Engineers Office to rename the beneficiaries of trust and allow ownership of the water rights.

 

Scott Sanger, attorney to the beneficiaries, stated this has been ongoing for years.  He was at an adjudication hearing where Taos Pueblo protested the transfer and the application was withdrawn and the water rights remained in trust with Town. The parties want their water rights back to use on their land.

 

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

 

For discussion, Councilmember Peralta stated over the years he has had many conversations with Mr. Sanger on this issue and he believes this is something that needs to be done.  The transfer was done originally to protect the water rights and they should go back to the beneficiaries to determine how to use them. 

 

The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.


C. Road Construction Update
Update from the Public Works Director regarding progress on Town road projects.
 

Mr. Espinoza provided a status report on the Town’s road construction projects.

 

Councilmember Peralta requested that signage be placed during the construction of Bertha Road to inform the public on how to access the recycling center.  Mr. Espinoza stated he will have the contractor place signs at the construction site. 


11. TOWN MANAGER'S REPORT
A. MainStreet/Arts & Cultural District
Discussion and possible action regarding MainStreet/Arts &Cultural District.
 

Mr. Bellis stated the letter attached to the agenda item indicates that Rich Williams, Director of the NM MainStreet Program, will terminate the partnership in ninety days unless he hears from the Town or County or both on how they will handle the Arts and Cultural District (ACD) and MainStreet Program.  He requested direction from the Council on how to move forward.

 

Councilmember Peralta stated his main concern with the ACD was that there was not a business plan provided.  He further stated the Council did not know the budget, where the program would be housed or what the manpower needs were.  He believes the Town should contract with another entity to have them manage the program.  But whether it is an employee or a contractor, the Council still needs to know what the business plan is and what the Town’s obligation is.

 

Councilmember Gonzales stated he believes it is important to collaborate with the County on this because it affects both entities. 

 

Mr. Archuleta came forward and stated he would be happy to ask the Commission to collaborate and explained the only reason the County wanted to take over the ACD is because they thought it was important.  Since then nothing has been budgeted, so the Commission would have to determine if they have funds.

 

Councilmember Hahn asked if the Town will lose funds after the ninety day time limit.  Mr. Bellis stated there are no funds attached to ACD designation and explained if the Town had an agreement, then staff could submit applications for planning grants for the program. He further stated although the County does not have the funds they do have the space at the Old County Courthouse. If the Town is going to take the lead on this the budget will need to be considered as well as funding opportunities.  Mr. Archuleta stated the utilization of the space at the Old County Courthouse will be determined at the Commission meeting on August 19th. He reiterated that the ACD has not been kicked out and can continue to holding their meetings at the Courthouse.

 

Councilmember Hahn recommended approving with the understanding that Mr. Bellis and Mr. Archuleta still have work to do. 

 

Councilmember Cantu stated she also wants to see this move forward since the County has invested in renovations.

 

Councilmember Peralta asked if Mr. Bellis can possibly put together a business plan and inform the Council on how funds would be used to promote the downtown district.  He does not want the Town to move forward without any kind of a plan. Mr. Bellis stated he should be able to have a plan within thirty days. 

 

Councilmember Gonzales requested that Mr. Bellis obtain estimates from other entities on what the costs are to manage their ACD and MainStreet programs.  Mr. Bellis stated he believes the Town can operate at a minimal cost and budget for activities.  He also stated if the Town is not obligated to any individual or contractor, Judy Esquibel, the Town’s Programs Coordinator, has expressed an interest to assist until a long term plan has been determined.

 

Mayor Barrone stated he needs to leave to the funeral of his niece soon and requested to move Executive Session up on agenda then go to the Ribbon Cutting Ceremony of Town Hall Drive and Manzanares Street at 4:00 p.m.  The Council concurred.


B. PERSONNEL MATTERS- Discussion, consideration, and decisions regarding the following: (Executive and Public Session) Informational Items/Action Items
Discussion, consideration and decisions regarding the Town Attorney. This item may be discussed in closed session under Open Meetings Act exemption 10-15-1(H)(2), which allows for discussion of limited personnel matters.
 

Mr. Caldwell explained that the Council will go into Executive Session and will take a break to go to the Ribbon Cutting Ceremony at 4:00 p.m.  If the Executive Session is complete prior to the Ribbon Cutting Ceremony the Council will resume the agenda.  If not, they will continue with the Executive Session, then resume the agenda.

 

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

 

At 4:36 p.m., Councilmember Gonzales made a motion to come out of Executive Session. Councilmember Peralta 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. As an additional clarification, Mr. Caldwell stated the Council briefly left Executive Session to attend the Ribbon Cutting Ceremony and returned at approximately 4:20 p.m. to finish the Executive Session.   Councilmember Peralta 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 Peralta made a motion to authorize the Mayor to negotiate a contract with another Town Attorney candidate with the same guidelines previously approved.  Councilmember Gonzales seconded the motion. The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn and Peralta.


C. Date of Public Hearing Regarding Runway Project
Discussion, consideration and possible action regarding a date of a public hearing regarding the Taos Airport Crosswinds Runway.
 

Mr. Bellis stated this has been discussed in previous meetings to address the concerns of citizens regarding the runway project.  He recommended that the Town not extend formal invitations to the Federal Aviation Administration or the State Aviation Administration and also requested that the Town not be cross-examined regarding the Environmental Impact Statement (EIS). He stated he, the Public Works Director and the Airport Manager will be present at the meeting to answer any questions as well as any of the members of the Council who wish to be present.

 

Councilmember Peralta stated the Town has spent thirty years on this project and the EIS has been completed. He does not believe this meeting should be a Council Meeting or a public debate.  He believes it would be fine to provide information as to how the Town is moving forward with project. 

 

Councilmember Gonzales agreed with Councilmember Peralta and added in his tenure as a Councilmember he has heard a lot of input on this issue. He stated he is not opposed to having an informational meeting.

 

Councilmember Cantu stated this is a subject that is new to her and she believes it is crucial to hear from the public. 

 

Councilmember Hahn stated the idea behind this was to hold an informational meeting where opponents and proponents of the project could get the facts that they are requesting.  They are not asking for a special meeting, only a forum to have their feelings heard.  He has invested a lot of time learning about this project and he would like that dialogue.  He is grateful that this administration wants to give the public a voice. 

 

Councilmember Peralta indicated that the agenda item states it will be a public hearing and a public informational meeting is totally different. His issue is that the outcome will not change the course of the project. 

 

Mr. Bellis proposed a date of August 25, 2014 at 6:00 p.m. at the Town Council Chambers.

 

The Council agreed that the meeting will be an informational forum to provide facts about the project and to answer questions from the public.


D. Status Report on Request for Proposals
Status report: RFP’s for commercial cell tower, Local Economic Development Block Grant (LEDBG) and Community Services Block Grant (CSBG).
 

Mr. Bellis reviewed the Request for Proposals for the commercial cell tower and Community Services Block Grant.   He stated he is still working on the RFP for the Local Economic Development Block Grant.

 

Councilmember Peralta made a motion to direct the Town Manager to solicit RFPs for the commercial cell tower and the Community Services Block Grant.  Councilmember Hahn seconded the motion.  The motion was Passed.  Those voting AYE were: Councilmembers: Cantu, Gonzales, Hahn, Peralta.

             


E. Policies for Receiving Septic Waste
Discussion and information:
Policies for receiving septic waste at the Town's Sewage Treatment Facility.
 

Mr. Bellis stated this is an informational item about a meeting regarding how the Town should accept septic waste at the Treatment Plant. The recommendation was to have CH2MHILL analyze the current security measures regarding cameras, and outside threats, and come back to the Council with costs to implement changes.  He further stated the ultimate goal will be that the facility will be secure with cameras.  Additionally staff will be able to identify what is being dumped and by whom.

 

Anthony Martinez, Project Manager, stated he has sent an email to all project managers in his company to see how their security systems work. He believes it will take 30 – 60 days to gather the analysis and he should be able to present the results to the Council at the last meeting in September.  

 

Mayor Barrone directed Mr. Bellis to move forward.

 

Steve Rael, owner of S&R Septic, expressed concerns about the security at the facility.


12. MATTERS FROM THE MAYOR AND COUNCIL
A. Downtown Parking
Reconsideration of the free parking for the Farmers Market and holiday season.
 

Councilmember Hahn expressed concern about changing the policy on free parking during Farmers Market.  He is also concerned about the action the Council took regarding offering free parking during the Thanksgiving holiday and then again during the Christmas and New Year holiday.  He believes the Town should offer consistency and add the few weeks in between.  He further stated the Town should consider a recommendation by Jay Moore to retain free parking through the end of the Farmers Market season.  He recommends hiring a professional to assist with a long term parking plan.

 

Councilmember Hahn made a motion to rescind last week’s motion approving the Option A parking recommendation proposed by Jay Moore. The motion died for a lack of second.

 

Councilmember Cantu requested that vendors free up parking at the Plaza to allow visitors to park.  Mr. Bellis stated he made it clear to the managers of the Farmers Market that vendors who are parking on the Plaza will be ticketed. 

 

Extensive discussion ensued regarding the tour bus drop off and visitors having to park so far away from the Plaza to go to the Farmers Market.  Police Chief David Weaver also expressed the importance of having signage to direct visitors.

 

Mayor Barrone directed Mr. Bellis to estimate the cost of providing signage.


B. Mayor's Update

 

 

1. Discussion of possible dates for a Joint Town/County Meeting.

 

Councilmember Peralta asked which items would be placed on the agenda and whether the Council will be provided backup documentation prior to the meeting.  Mayor Barrone assured Councilmember Peralta that the Council will receive all backup material prior to the meeting.  He also stated he would like to discuss the Old County Courthouse with the Commission. Mr. Bellis added that other items for discussion are the hospital and an update on the dispatch center.  Mayor Barrone stated he has been approached Española’s hospital to consider a regional collaboration. 

 

Councilmember Peralta stated he would like a presentation from Rio Arriba dispatch before meeting with the County. 

 

Councilmember Hahn recommended adding the Stray Hearts contract to the agenda and also a discussion item on the Animal Control Ordinance.

 

Mr. Bellis stated he will add the requested items.

 

2  Other Reports

 

Mayor Barrone informed the Council that he signed off on an application to expand a floor plan for Mosaic Restaurant in order to allow them to expand their liquor serving area onto their patio.  This action did not require Council approval; however, he wanted them to know about it. 


C. Council Reports
 

Councilmember Hahn requested an update on the renaming of Kit Carson Park.  Mr. Bellis stated there have been many inquiries from the press regarding whether there is division on the Council regarding the issue.  He further stated the issue has not been a priority as there are so many other pressing issues. 

 

Councilmember Gonzales stated he attended the National Association of Latino Elected Officials (NALEO) Policy Institute on Affordable Care Act.  He stated it is important that our local population is aware of the costs associated with the act and whether they qualify for Medicare and Medicaid.  Mayor Barrone thanked Councilmember Gonzales for bringing up this important issue. 

 

Extensive discussion ensued regarding health care.


13. MATTERS AND REPORTS FROM THE MAYOR
14. MATTERS AND REPORTS FROM THE COUNCIL
15. 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 6:45 p.m.


 
 
 
APPROVED:
________________________________________
Daniel R. Barrone, Mayor

ATTEST:
________________________________________
Renee Lucero, Town Clerk

    PLEASE NOTE: The Town of Taos records most Town Council Meetings via audio, however, only Regular Town Council Meetings and some Special Town Council Meetings, with controversial issues, are video recorded. Copies are available upon request at the Town Clerk's Office located at 400 Camino de la Placita (575-751-2005) at a fee of $5.00 for audio and video recordings. Additionally, video recordings can be viewed at www.taos22.com. You may also view agendas, agenda packets, and minutes at http://public.taosgov.com/.