AGENDA
May 12, 2015
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.AWARDS AND RECOGNITIONS
A.Employee of the Month
Presentation of a certificate of acknowledgement to Emilio Garcia - Town of Taos May Employee of the Month.
B.National Community Transit Roadeo
Recognition of Leo Valencia and Madelyn Barney, Transit employees, for representing New Mexico at the Community Transportation Association of America's Roadeo in Tampa, Florida. Mr. Valencia and Ms. Barney placed first in their respective categories in the New Mexico Roadeo held on April 25th and 26th.
7.CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
8.MATTERS FROM STAFF
A.Presentations from LCSBG Recipients
Short presentations will be made by several nonprofits who received Local Community Service Block Grant funds.
B.Out of State Travel for Madelyn Barney and Leo Valencia
Consideration and approval of out of state travel for Madelyn Barney and Leo Valencia to attend the 26th Annual National Community Transit Roadeo, to be held on May 30-31, 2015, in Tampa, FL. Cost is estimated at $1,600 each, for a total cost of $3,200. This amount is reimbursed at 100% by the New Mexico Transit Association since both Ms. Barney and Mr. Valencia placed first at the New Mexico Transportation Roadeo and will be representing the state in their respected divisions at this national event.  
C.Out of State Travel for Linda Sanchez, Animal Control Officer
Consideration and possible approval of out of state travel for Linda Sanchez, Animal Control Officer, to attend the Animal Control & Human Officer Academy in Longmont, Colorado May 16-22, 2015. Estimated costs are as follows:  Mileage cost = $286.27, Hotel average cost $125.70/night = $1,005.60, Meals $45.00/day = $405.00; Total cost $1,696.87.
D.Resolution 15-20 Town of Taos Tree Board
Discussion, consideration and possible approval of Resolution 15-20 authorizing and approving the establishment of an official Town of Taos Tree Board.
E.NCRTD Agreements for Assumption of Chile Line Operations and Fleet Maintenance Agreement
Consideration, discussion and possible approval of an agreement to transfer ownership of all Chile Line Transit operations, vehicles, equipment, funding  and staff from the Town of Taos to the North Central Regional Transit District and to enter into an agreement for performing continued vehicle storage and maintenance functions for the fleet through the Town of Taos Public Works Department at the Town Public Works garage. (Continued from April 28, 2015 Regular Meeting)
F.Budget for Cesar Chavez Day/Town-Wide Yard Sale
Presentation on and possible approval of a budget for Cesar Chavez Day and Town-Wide Yard Sale in August, 2015.
G.Marketing Report
Biweekly Marketing Report by Renee Roberts
H.Water and Wastewater Status Update
Status update of the Water and Wastewater divisions including current and upcoming capital improvements projects.
I.Other Matters
9.TOWN MANAGER'S REPORT
A.Other Matters
10.MATTERS AND REPORTS FROM THE MAYOR
A.Other Matters
11.MATTERS AND REPORTS FROM THE COUNCIL
A.Other Matters
12.EXECUTIVE SESSION
A.Personnel Matters
Discussion, consideration and decisions regarding a certain personnel matter.  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.
B.Collective Bargaining
Discussion, consideration and decisions regarding certain contractual negotiations including but not limited to the Collective Bargaining Agreement (CBA) with The American Federation of State, County and Municipal Employees (AFSME).  This item may be discussed in closed session under Open Meetings Act exemption 10-15-1-(H)(5) which allows for discussion of bargaining strategy preliminary to collective bargaining negotiations. 
13.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.

MINUTES
May 12, 2015
Regular Meeting

Town Council Chambers - 120 Civic Plaza Drive
1:00 PM


1.CALL TO ORDER BY THE HONORABLE MAYOR DANIEL R. BARRONE
The Regular Meeting of the Taos Town Council was called to order by the Honorable Mayor Daniel R. Barrone at  1:07 p.m.
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, George “Fritz” Hahn

Councilmember, Andrew T. Gonzales
Councilmember, Judith Y. Cantu

 

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

Town Attorney, Floyd Lopez

 

Absent was:

Councilmember, Frederick A. Peralta

3.PLEDGE OF ALLEGIANCE

Steve Kennebeck led the audience in the Pledge of Allegiance.

4.MOMENT OF SILENCE
5.APPROVAL OF AGENDA

Councilmember Hahn made a motion to approve.  Councilmember Gonzales seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn.   
6.AWARDS AND RECOGNITIONS
A.Employee of the Month
Presentation of a certificate of acknowledgement to Emilio Garcia - Town of Taos May Employee of the Month.

Tamara Chavez, Acting Human Resources Director, stated Mr. Garcia has been a Town employee for over fourteen years. Mr. Garcia serves as liaison between Taos Police Department and the public and is often called upon to assist with traffic control and countless community events.

 

The Mayor and Council thanked Mr. Garcia for his professionalism and devotion to his job and the community.

B.National Community Transit Roadeo
Recognition of Leo Valencia and Madelyn Barney, Transit employees, for representing New Mexico at the Community Transportation Association of America's Roadeo in Tampa, Florida. Mr. Valencia and Ms. Barney placed first in their respective categories in the New Mexico Roadeo held on April 25th and 26th.
The Mayor and Council congratulated Mr. Valencia and Ms. Barney for their accomplishments and for serving the citizens of Taos.
7.CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken

The following individuals spoke during Citizens Forum:

  • David Fernandez discussed excellence in the Town's Transit Department as well as the rest of the Town of Taos. He stated he is not in favor of the transfer of the Transit Department to the NCRTD.  He thanked the Mayor and Council for listening to the concerns of the employees.

 

  • Janet Gabriel, Director of the Skating Club of Taos, and Judy Pearson, a 9 time gold medalist in skating and a coach,  thanked the Mayor and Council for allowing them to use the ice rink for the skating club.  Ms. Gabriel stated there were 58 skaters who participated in the last show "The Wizard of Oz."

Mayor Barrone thanked the volunteers of the Skating Club for this program.

 

  • Mary Elizabeth (last name inaudible) and Dana Blair requested that Taos Farmers Market continue on Taos Plaza and asked the Council to consider the farmers who are also trying to make a living. 

 

  • Sergeant Davis introduced the kids of Taos Integrated School of the Arts, who presented an art piece they created to the Taos Police Department in appreciation for serving and protecting Taos.

 

  • Randi Archuleta, with UNM Taos and Taos Hockey Association, thanked the Mayor and Council for supporting Taos Youth Hockey.  The program is well-known throughout New Mexico and outside of the state. She stated youth hockey tournaments in Taos bring thousands of people to the area. The also have a scholarship program for less fortunate children.

 

Councilmember Hahn thanked the volunteers of the Hockey Association for providing this activity to the youth of Taos. 

 

  • Harvey Yocum, Executive Director with Stray Hearts Animal Shelter, stated they have had huge successes lately with many new programs.  44 of 54 animals at the shelter are now in homes.  The Shelter has developed a model for training for successful adoptions.  Mr. Yocum thanked the Town for their support and complimented Linda Sanchez, Animal Control Officer, on her professionalism.

 

  • Jim Fambro, Little League District Administrator, stated he is pleased to announce that Taos will be hosting the District 4 Tournament in July.  Seventy-five rooms have been secured for five nights over two weekends.  Miranda Quintana, former Little League District Administrator, stated Taos previously hosted a State Tournament and brought in GRT in the amount of $252,000.

 

Councilmember Gonzales asked that the Town consider charging for profit events at Kit Carson Park and utilizing those funds toward beautification and improvements at the baseball fields.

 

Mayor Barrone thanked the volunteers and offered to help prepare the fields for the tournament.

 

  • Darren Cordova, with DMC Broadcasting, provided a brief report on the Mother's Day Event.  He stated despite the horrible weather during the weekend, the event was still a huge success.  He thanked the Town for the support they have given to this event.  An informal survey of the hotels indicate they were close to capacity on Friday night. 
8.MATTERS FROM STAFF
A.Presentations from LCSBG Recipients
Short presentations will be made by several nonprofits who received Local Community Service Block Grant funds.

The following presented a report to the Mayor and Council regarding programs and services that were provided with funds from the LCSBG program. 

  • Po Chen, with Youth Heartline;

 

  • Elizabeth Polacios, Taos Community Foundation;

 

  • Ben Thomas, Rocky Mountain Youth Corps.
B.Out of State Travel for Madelyn Barney and Leo Valencia
Consideration and approval of out of state travel for Madelyn Barney and Leo Valencia to attend the 26th Annual National Community Transit Roadeo, to be held on May 30-31, 2015, in Tampa, FL. Cost is estimated at $1,600 each, for a total cost of $3,200. This amount is reimbursed at 100% by the New Mexico Transit Association since both Ms. Barney and Mr. Valencia placed first at the New Mexico Transportation Roadeo and will be representing the state in their respected divisions at this national event.  

Councilmember Gonzales made a motion to approve.  Councilmember Hahn seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn.   
C.Out of State Travel for Linda Sanchez, Animal Control Officer
Consideration and possible approval of out of state travel for Linda Sanchez, Animal Control Officer, to attend the Animal Control & Human Officer Academy in Longmont, Colorado May 16-22, 2015. Estimated costs are as follows:  Mileage cost = $286.27, Hotel average cost $125.70/night = $1,005.60, Meals $45.00/day = $405.00; Total cost $1,696.87.

Councilmember Gonzales made a motion to approve.  Councilmember Hahn seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn.   
D.Resolution 15-20 Town of Taos Tree Board
Discussion, consideration and possible approval of Resolution 15-20 authorizing and approving the establishment of an official Town of Taos Tree Board.

Ben Wright, Arborist, explained that the Tree Board intends to advocate for trees throughout the Taos Community through education and community involvement. He further stated the Tree Board is made up of tree experts, community organizers, and student members.  The Tree Board also participates in the Tree City USA status and will promote and organize Arbor Day Celebrations each year.

 

Steve Kennebeck, Facilities Director, stated Councilmember Gonzales will serve on the board to represent the Town as well as Kit Carson Electric.  He mentioned many people were interested in joining the Board and they will have the opportunity to serve on an Advisory Council. 

 

Councilmember Gonzales requested that his name be spelled correctly on the resolution.


Councilmember Hahn made a motion to approve as amended.  Councilmember Cantu seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn.   
E.NCRTD Agreements for Assumption of Chile Line Operations and Fleet Maintenance Agreement
Consideration, discussion and possible approval of an agreement to transfer ownership of all Chile Line Transit operations, vehicles, equipment, funding  and staff from the Town of Taos to the North Central Regional Transit District and to enter into an agreement for performing continued vehicle storage and maintenance functions for the fleet through the Town of Taos Public Works Department at the Town Public Works garage. (Continued from April 28, 2015 Regular Meeting)

Mayor Barrone presented a brief history on how the North Central Regional Transit District was started. 

 

Anthony Mortillaro, Executive Director of NCRTD, stated there was another meeting with employees last week and they were provided with a written response to their concerns.  They were also provided an opportunity to have a choice on the method concerning how their personal leave would be transferred.  They all chose the same option which was reflected in the agreement. Mr. Mortillaro further stated employees will be paid more than they were at the Town.  NCRTD also requested that the mechanic be transferred. 

 

Councilmember Gonzales asked what the final determination on the leave was . Mr. Mortillaro stated the employees chose to have the Town pay up to 80 hours of their personal leave. Additionally, the balance of the hours transferred would be at their current hourly rate.  

 

Mr. Bellis emphasized that all employees will receive a salary increase of $2,000 to $5,000.

 

A very lengthy discussion ensued regarding the probationary period of six months that remained in the agreement.  Members of the Council expressed concern that transferred employees will face a probationary period placing them at risk of being terminated. 

 

Councilmember Hahn made a motion to recess the meeting in order for him to have a discussion with the employees.  Councilmember Gonzales seconded the motion.  The motion Passed. The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, and Hahn.

 

Councilmember Hahn made a motion to continue the meeting.  Councilmember Gonzales seconded the motion.  The motion Passed. The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, and Hahn.

 

Councilmember Hahn stated the employees' overwhelming concern is not lose their seniority for routes.  Mr. Mortillaro stated vacations and routes are seniority based. Local drivers will bid on Taos routes so that they will not have to drive so far.

 

Councilmember Hahn made motion to approve with the understanding that drivers in locales will stay in those locales and if an employee signs a release for their personnel records their probation will be reduced to 3 months; no release, probation will be 6 months.  Councilmember Gonzales seconded the motion.

 

For discussion, Mr. Mortillaro stated he cannot commit to locales staying in Taos; however, it can be stated as a desired outcome.

 

Councilmember Hahn withdrew his motion.  Councilmember Gonzales withdrew his second.  

 

Councilmember Hahn made a motion to approve the agreement acknowledging that NCRTD will make every attempt to keep drivers in their locales through the bidding process depending on the collective bargaining agreement; if an employee signs a release to release their personnel records their probation will be reduced to three months; no release, probation will be six months.  Councilmember Gonzales seconded the motion. 

 

For discussion  Bill Knief stated UNM wants to ensure that the level of service in the downtown district remains the same.  He believes it's extremely important considering how much the Town and UNM invested in making that branch a success.  Mr. Mortillaro stated lines will not be changed for one full year. 

 

Mr. Bellis indicated on Page 20, Attachment C there is a list of vehicles transferred and two vehicles need to be removed from the list.  He requested that the motion be amended to authorize him to modify the attachments regarding the transfer of inventory assets.

 

Councilmember Hahn withdrew his motion.  Councilmember Gonzales withdrew his second. 

 

Councilmember Hahn made a motion to approve the agreement acknowledging the following: 1) that NCRTD will make every attempt to keep drivers in their locales; 2) that employees who are willing to release their personnel records to NCRTD will reduce their probation to three months and those not willing to release their personnel records will have a probation of six months; and 3) that time will be allotted for Town staff and NCRTD staff to modify the capital equipment assets listed under Attachment C, page 20 of the agreement. Councilmember Gonzales seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales and Hahn.

F.Budget for Cesar Chavez Day/Town-Wide Yard Sale
Presentation on and possible approval of a budget for Cesar Chavez Day and Town-Wide Yard Sale in August, 2015.

Councilmember Cantu discussed an article in the Taos News indicating the Town is forming a series of committees to gather ongoing citizen, business and industry professional input on how to spend $1,000,000 annually on marketing, advertising, tourism and events.  Additionally, Councilmember Cantu stated in accordance with NMSA Section 3-38-22, which discusses creating a Lodgers' Tax Advisory Board, she, as a Lodgers Tax Advisory Board Member, and Chair of the Special Events Committee (a subcommittee of the advisory board), is submitting recommendations of funds for advertising, publicizing and promoting the Cesar Chavez event scheduled in August of this year.  She believes if this event is advertised correctly it can be a very successful event bringing people from other states to the community.  Councilmember Cantu further explained the details of the event which includes a one day cultural event including documentaries and educational activities.  Additionally, the event includes a seven mile long yard sale during the entire weekend, which she believes is proven to promote economic development. 

 

Mayor Barrone expressed concern about the budget being $36,600.  He does not have a problem helping events that have proven to be successful year after year; however this is the first year of this event.

 

Arsenio Cordova discussed a Council Meeting where there was consensus to provide a budget for this event; however, there was no motion and he believes the Open Meetings Act was violated. Mr. Cordova also discussed many other performances and events that are scheduled during the weekend. 

 

Councilmember Hahn thanked Mr. Cordova for his leadership; however, he has huge concerns about the legality of this considering Councilmember Cantu is a Councilmember.  He asked Mr. Lopez whether Councilmembers can legally get involved in events such as this. He is grateful for her efforts; however, he doesn't know that this is legal.

 

Mr. Lopez stated NMSA 3-38-22 allows the Lodgers Tax Advisory Board allows members to submit recommendations for expenditures of Lodgers funds.  He has done research on conflicts of interest and they seem to center on elected officials having a financial interest or potential financial gain and they would need to recuse themselves from decisions.  He cannot render an opinion unless he knows all the facts.  Perhaps if he had more time, he could give an opinion.  Lengthy discussion ensued regarding Councilmember Cantu's role as Councilmember, Lodgers Tax Advisory Board Member, and Chair of a subcommittee of the Lodgers Tax Advisory Board. Councilmember Hahn believes this item should be tabled to allow the Town Attorney the opportunity to provide a legal opinion.

 

Furthermore, Councilmember Hahn stated there was no violation of the Open Meetings Act at the meeting Mr. Cordova referred to because the item was not on the agenda for action.  Additionally, he believes Councilmember Cantu should step away from the request for funds and he would like to hear this request from a committee, with a chairman, with a realistic budget.  He would also like to see permission from Cesar Chavez's family for this event.

 

Councilmember Cantu emphasized there is no conflict of interest because she will not gain financially from this event.

 

Mayor Barrone suggested separating the two events as he does not agree that the yard sale will promote economic development. 

 

Councilmember Gonzales stated he served on the Lodgers' Tax Advisory Board in the 2000s and felt it was a rubberstamp board and he believes the Lodgers felt the same way.  It is an advisory board and it should give advice. He supports the event 100%.  He knows of one budget for a Cesar Chavez event in El Paso, Texas where the budget was over $300,000.  He does not believe the fact that Councilmember Cantu sits on the board has any bearing.  

 

Councilmember Hahn made a motion to continue this item at the next Regular Council Meeting on May 26, 2015 at 1:00 p.m. pending a legal opinion.  He further requested that the committee make a formal presentation with a drastically reduced budget and suggested a $6,000 budget. Councilmember Gonzales seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Gonzales, Hahn.  Abstain: Cantu. 

G.Marketing Report
Biweekly Marketing Report by Renee Roberts

Ms. Roberts provided a report on her accomplishments over the last two weeks including attending a Governor's Hospitality Conference in Santa Fe, holding a booth at the Santa Fe Chamber Tourism Day, finalizing her department budgets and attending several meetings.

 

Councilmember Hahn asked if Ms. Roberts is working on the fall campaign.  Ms. Roberts stated she will be evaluating everything past June 30th, as the contract with Griffin and Associates expires on June 30th.  

 

Mayor Barrone asked if Ms. Roberts will be waiting for the new fiscal year to begin marketing.  Ms. Roberts stated yes and she has a lot of ideas that she will be sharing with the Council.

H.Water and Wastewater Status Update
Status update of the Water and Wastewater divisions including current and upcoming capital improvements projects.

Francisco Espinoza discussed projects and funding opportunities in the Water and Waste Water Divisions of the Public Works Department.

 

A very lengthy discussion ensued regarding the bidding and RFP process for Public Works projects and how contracts are negotiated.

9.TOWN MANAGER'S REPORT
10.MATTERS AND REPORTS FROM THE MAYOR
11.MATTERS AND REPORTS FROM THE COUNCIL
A.Other Matters
Councilmember Cantu clarified the $36,000 budget presented for the Cesar Chavez event was prepared with the Town Manager's guidance.  Mr. Bellis stated he did prepare the budget based on 10,000 attendees.  He further stated probably half of the money can be allocated through other sources such as donations and sponsorships. 
12.EXECUTIVE SESSION
A.Personnel Matters
Discussion, consideration and decisions regarding a certain personnel matter.  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.
B.Collective Bargaining
Discussion, consideration and decisions regarding certain contractual negotiations including but not limited to the Collective Bargaining Agreement (CBA) with The American Federation of State, County and Municipal Employees (AFSME).  This item may be discussed in closed session under Open Meetings Act exemption 10-15-1-(H)(5) which allows for discussion of bargaining strategy preliminary to collective bargaining negotiations. 

6:16 p.m. Councilmember Hahn made a motion to go into Executive Session.  Councilmember Gonzales seconded the motion. The motion was Passed.  The Councilmembers voted as follows: Ayes: Cantu, Gonzales, Hahn.

 

At 7:10 p.m., Councilmember Hahn made a motion to come out of Executive Session. Councilmember Cantu seconded the motion. The motion was Passed.  The Councilmembers voted as follows: Ayes: Cantu, Gonzales, Hahn.

 

Mr. Lopez stated discussion in the Executive Session was limited to the items as they were called for and no action was taken. Councilmember Gonzales made a motion to accept the Town Attorney's report.  Councilmember Hahn seconded the motion. The motion was Passed.  The Councilmembers voted as follows: Ayes: Cantu, Gonzales, Hahn.

13.ADJOURNMENT

A motion was made by Councilmember Gonzales and seconded by Councilmember Hahn to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 7:11 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://taos.novusagenda.com/agendapublic/ .