Meetings
 

AGENDA
June 5, 2012
Special Meeting

Town Council Chambers - 120 Civic Plaza Drive
9:30 AM
 
 
1. CALL TO ORDER BY THE HONORABLE MAYOR DARREN M. CORDOVA
2. ROLL CALL
3. MOMENT OF SILENCE
4. APPROVAL OF AGENDA
5. AWARDS AND RECOGNITIONS
A. Loretta Trujillo, Human Resources Director
APPOINTMENT OF TOWN ATTORNEY
Appointment of Charles Brian James to the position of Town Attorney pursuant to Title 3, Chapter 3.64, Article II of the Town of Taos Municipal Code.

Oath of Office for Town Attorney: Judge Richard Chavez will administer the Oath of Office to Town Attorney, Charles Brian James.
6. PUBLIC HEARINGS
A. Renee Lucero, Town Clerk
Consideration and approval of Restaurant Beer and Wine Liquor License Application No. 812235 for Phicha, LLC, dba Dara Thai Restaurant, located at 210 Paseo del Pueblo Sur, Taos, New Mexico.
7. MATTERS FROM STAFF
A. Amos Torres, Public Utilities Director
Consideration and approval of Resolution 12-29; Waiving the provisions of Town Code 3.80.070 regarding the hiring of an immediate family member of a current Town of Taos employee. The Town proposes to contract Ismael Adame, related to Abigail Adame, dba In & Out Plumbing, for the purpose of having the contractor provide a sewer line connection, which would include pump station and all required items to make the operable sewer connection. The connection will be for 1022 Calle del Oro. In & Out Plumbing was the lowest bidder of three bids the were received. 
8. TOWN MANAGER'S REPORT
9. MATTERS FROM THE MAYOR AND COUNCIL
A. Executive Session
The Council will adjourn, pursuant to the Open Meetings Act, NMSA 10-15-1.H(7), meetings subject to the attorney-client privilege pertaining to threatened pending litigation in which the Town is a participant, specifically to discuss State of New Mexico ex rel State Engineer  et al. v. Abeyta et al., United States District Court Case Nos. 69 CV 07896 and 69 CV 07939 to consider a proposed settlement agreement among the Town and the other parties to that case.
B. Resolution 12-23
Discussion and possible approval of Resolution 12-23; Approving Abeyta Settlement Agreement - a resolution approving the settlement agreement reached among all of the parties to the Federal Court cases in State of New Mexico ex rel State Engineer et al. v. Abeyta et al., United States District Court Case Nos. 69 CV 07896 and 69 CV 07939 concerning water rights of, and future water development by, the respective parties in the Taos Valley.
C. Resolution 12-24
Discussion and possible approval of Resolution 12-24; Approving the 2012 San Juan   Chama Project Water Repayment Contract between the United States Department of the Interior, Bureau of Reclamation and the Town of Taos (USBOR Contract No. 12-WC-40-462).  The proposed contract provides the Town of Taos rights to 366 acre feet per year of San Juan Chama Project water beyond the 400 acre feet per year that the Town currently has pursuant to an contract with the Bureau of Reclamation, and is provided for in the Abeyta Water Rights Settlement Agreement as well as in Title V of the Federal Claims Resolution Act of 2010, Public Law 111-291. 
10. MATTERS AND REPORTS FROM THE MAYOR
11. MATTERS AND REPORTS FROM THE COUNCIL
12. 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 5, 2012
Special Meeting

Town Council Chambers - 120 Civic Plaza Drive
9:30 AM
 
 
1. CALL TO ORDER BY THE HONORABLE MAYOR DARREN M. CORDOVA
  

The Special Meeting of the Taos Town Council was called to order by the Honorable Mayor Darren M. Cordova at 9:40 a.m. 
2. ROLL CALL
  

Ms. Renee Lucero, Town Clerk, called roll and a quorum was present.  

Those present were:      
Mayor, Darren M. Cordova      
Mayor Pro Tem, Michael A. Silva
Councilmember, Rudy C. Abeyta           
Councilmember, Frederick A. Peralta       
Councilmember, Andrew T. Gonzales

Also present were:      
Town Manager, Oscar Rodriguez

Assistant Town Manager, Abigail Adame
Town Clerk, Renee Lucero
   Youth Councilmember
3. PLEDGE OF ALLEGIANCE
   Councilmember Peralta led the audience in the Pledge of Allegiance.
4. APPROVAL OF AGENDA
  

Councilmember Peralta requested the following amendments to the Agenda:

-Under 5.A. include "Ratification by the Town Council of the Mayor's Appointment"; and
-Under 6.A. replace "Town Code 3.80.070" with "NMSA 1978, Section 13-1-190".

Councilmember Gonzales made a motion to approve the Agenda as amended. Mayor Pro Tem Silva seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 
5. AWARDS AND RECOGNITIONS
A. Loretta Trujillo, Human Resources Director
  APPOINTMENT OF TOWN ATTORNEY
Appointment of Charles Brian James to the position of Town Attorney pursuant to Title 3, Chapter 3.64, Article II of the Town of Taos Municipal Code.

Oath of Office for Town Attorney:
Judge Richard Chavez administered the Oath of Office to Town Attorney, Charles Brian James. 

Ratification by Town Council of the Mayor's Appointment:

Councilmember Peralta made a motion to approve the Mayor's Appointment as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

Mayor Cordova stated Mr. James comes with a wealth of knowledge.  He is confident Mr. James is the right person for the job.

6. MATTERS FROM STAFF
A. Amos Torres, Public Utilities Director
Consideration and approval of Resolution 12-29; Waiving the provisions of NMSA 1978, Section 13-1-190 regarding the hiring of an immediate family member of a current Town of Taos employee. The Town proposes to contract Ismael Adame, related to Abigail Adame, dba In & Out Plumbing, for the purpose of having the contractor provide a sewer line connection, which would include pump station and all required items to make the operable sewer connection. The connection will be for 1022 Calle del Oro. In & Out Plumbing was the lowest bidder of three bids the were received. 
 

Councilmember Abeyta made a motion to approve Resolution 12-29 as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta and Gonzales.  Councilmember Peralta abstained from discussion and action because he is related to the property owner.

7. PUBLIC HEARINGS
A. Renee Lucero, Town Clerk
Consideration and approval of Restaurant Beer and Wine Liquor License Application No. 812235 for Phicha, LLC, dba Dara Thai Restaurant, located at 210 Paseo del Pueblo Sur, Taos, New Mexico.
 

Ms. Lucero presented the liquor license application and stated all publication requirements were met in accordance with Alcohol and Gaming Division regulations.  She further stated Planning and Zoning requirements have been met.

Public Opinion

Mayor Cordova opened the public hearing. No one came forward.


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

Mayor Pro Tem Silva made a motion to approve Restaurant Beer and Wine Liquor License Application No. 812235 for Phicha, LLC, dba Dara Thai Restaurant. Councilmember Peralta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

Mayor Cordova thanked the Town Clerk's office for expediting the liquor license process.

Councilmember Abeyta stated he is proud that the Governing Body is enabling small businesses to succeed.

8. MATTERS FROM THE MAYOR AND COUNCIL/YOUTH COUNCILMEMBER
A. Executive Session
 

Councilmember Peralta made a motion to go into Executive Session, pursuant to the Open Meetings Act, NMSA 10-15-1.H(7), meetings subject to the attorney-client privilege pertaining to threatened pending litigation in which the Town is a participant, specifically to discuss State of New Mexico ex rel State Engineer et al. v. Abeyta et al., United States District Court Case Nos. 69 CV 07896 and 69 CV 07939 to consider a proposed settlement agreement among the Town and the other parties to that case.

 

Mayor Pro Tem Silva seconded the motion.    The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

 

At 2:34 p.m., Councilmember Abeyta made a motion to come out of Executive Session and stated discussion in the Executive Session was limited to the item as it was called for. Councilmember Gonzales seconded the motion.   The motion was confirmed by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

B. Resolution 12-23
Discussion and possible approval of Resolution 12-23; Approving Abeyta Settlement Agreement - a resolution approving the settlement agreement reached among all of the parties to the Federal Court cases in State of New Mexico ex rel State Engineer et al. v. Abeyta et al., United States District Court Case Nos. 69 CV 07896 and 69 CV 07939 concerning water rights of, and future water development by, the respective parties in the Taos Valley.
 

Councilmember Abeyta made a motion to continue Resolution 12-23 at a Council Meeting scheduled for June 8, 2012 at 11:00 a.m. at the Town Council Chambers. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales. 

C. Resolution 12-24
Discussion and possible approval of Resolution 12-24; Approving the 2012 San Juan   Chama Project Water Repayment Contract between the United States Department of the Interior, Bureau of Reclamation and the Town of Taos (USBOR Contract No. 12-WC-40-462).  The proposed contract provides the Town of Taos rights to 366 acre feet per year of San Juan Chama Project water beyond the 400 acre feet per year that the Town currently has pursuant to an contract with the Bureau of Reclamation, and is provided for in the Abeyta Water Rights Settlement Agreement as well as in Title V of the Federal Claims Resolution Act of 2010, Public Law 111-291. 
 

Mayor Pro Tem Silva made a motion to approve Resolution 12-24 as presented.  Councilmember Abeyta seconded the motion.

For discussion Councilmember Peralta stated he believes action on Resolution 12-24 should be continued to June 8, 2012 along with Resolution 12-23.  Contract Attorney, Allen Ferguson, stated he sees no problems with this.

Mayor Pro Tem Silva withdrew his motion to approve Resolution 12-24.  Councilmember Abeyta withdrew his second.

Mayor Pro Tem Silva made a motion to continue Resolution 12-24 at a Council Meeting scheduled for June 8, 2012 at 11:00 a.m. at the Town Council Chambers. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Mayor Pro Tem Silva, and Councilmembers Abeyta, Peralta and Gonzales.

FOR THE RECORD:  The notice to continue the meeting to June 8, 2012 at 11:00 a.m. at the Town Council Chambers was posted on the door to the Council Chambers as well as the kiosk located at Town Hall.

9. ADJOURNMENT
  

A motion was made by Mayor Pro Tem Silva and seconded by Councilmember Gonzales to adjourn the meeting. The motion carried unanimously and the meeting adjourned at 2:38 p.m.

 
 
APPROVED:
________________________________________
Darren M. Cordova, 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 recordings and $10.00 for video recordings.