AGENDA
March 10, 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.APPROVAL OF MINUTES
A.February 10, 2015 Regular Meeting Minutes
B.February 17, 2015 Special Meeting Minutes
7.AWARDS AND RECOGNITIONS
A.Employee of the Month
Presentation of a certificate of acknowledgement to Antonio Sanchez - Town of Taos March Employee of the Month.
8.PRESENTATIONS
A.Councilmember Judith Cantu
Presentation by Councilmember Cantu regarding the Cesar Chavez Celebration and a Countywide/Town yard sale.
B.Taos Sports Alliance
  • Presentation from Taos Sports Alliance regarding locker rooms at the Eco Park. 
  • Staff seeks direction from the Mayor & Council in regards to the future of the Taos Sports Alliance contract TT-13-49.
9.CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken
10.CONSENT AGENDA
The items in the Consent Agenda below have been reviewed by the Mayor and the Mayor has placed these items on the Consent Agenda for the purpose of voting on all items with one vote.
A.Resolution 15-12 Intergovernmental Transfer of Personal Property
Discussion, consideration and possible approval of Resolution 15-12 approving the intergovernmental transfer of a 2006 BMW motorcycle to Taos County.
B.Resolution 15-14 Declaration of Town Surplus Property
Discussion, consideration and possible approval of Resolution 15-14 approving the disposition of vehicles, a mobile home and other miscellaneous equipment and materials owned by the Town of Taos pursuant to NMSA Section 3-54-2-A.
C.Out of State Travel - Lt. David Maggio
Consideration and possible approval of out of state travel to allow Town of Taos Police Department Lt. David Maggio to attend 31st International Symposium on Child Abuse in Huntsville, Alabama March 23-27, 2015.
D.Resolution 15-15 Budget Adjustment Request
Discussion, consideration and possible approval of Resolution 15-15 Budget Adjustment Request to Lodger's Tax Fund- Decrease unreserved fund balance by $37,887 and transfer this amount out to the Lodger's Tax Promotional Fund to cover for additional marketing expenditures in the amount stated above.
11.PUBLIC HEARINGS
A.Transfer of Ownership of Liquor License - Plaza de Colores, LLC
Consideration and possible approval of Transfer of Ownership of Liquor License 2660/Application No. 940696 for Plaza de Colores, LLC dba Kyote Club located at 330 Paseo del Pueblo Sur, Suite A.
B.Ordinance 15-01- Regarding the 2015 International Fire Code
Discussion, consideration and possible approval of Ordinance 15-01 adopting certain provisions of the 2015 International Fire Code and Code Enforcement Fee Schedule.   
12.MATTERS FROM STAFF
A.Resolution 15-13 Establishing Fire Department Fee Schedule
Consideration, discussion and possible approval of Resolution 15-33 establishing the fee schedule for fire code and life safety inspections and plan reviews.   
B.Plaza Security Camera Update
Discussions regarding the current security cameras on the plaza.
C.Matching Requirement for Camino de Medio Engineering and Design
Discussion, consideration and possible action regarding authority to provide and/or increase a match of local government funds not to exceed $60,000 for Legislative Appropriation for the engineering, environmental and design work for Camino de Medio, with not more than one-half ($30,000) to come from the Town and the balance ($30,000) to be contributed from Taos County.
D.Other Matters
13.TOWN MANAGER'S REPORT
A.Other Matters
14.MATTERS AND REPORTS FROM THE MAYOR
A.Other Matters
15.MATTERS AND REPORTS FROM THE COUNCIL
A.Public Records Requests - Councilmember Gonzales
B.Other 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.

MINUTES
March 10, 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 Pro Tem George “Fritz” Hahn at 1:02  p.m.
2.ROLL CALL

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

Those present were:       
Mayor Pro Tem, George “Fritz” Hahn

Councilmember, Frederick A. Peralta

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

Youth Councilmember, Shay Moon

 

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

Town Attorney, Floyd Lopez

 

Absent/Excused:

Mayor, Daniel R. Barrone

3.PLEDGE OF ALLEGIANCE
Arsenio Cordova led the audience in the Pledge of Allegiance.
4.MOMENT OF SILENCE
5.APPROVAL OF AGENDA

Councilmember Gonzales made a motion to approve.  Councilmember Peralta seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
6.APPROVAL OF MINUTES
A.February 10, 2015 Regular Meeting Minutes

Councilmember Cantu made a motion to approve.  Councilmember Gonzales seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
B.February 17, 2015 Special Meeting Minutes

Councilmember Gonzales made a motion to approve.  Councilmember Cantu seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
7.AWARDS AND RECOGNITIONS
A.Employee of the Month
Presentation of a certificate of acknowledgement to Antonio Sanchez - Town of Taos March Employee of the Month.

Amy Seidel, Human Resources Director, stated the Employee Recognition Team has selected Antonio Sanchez as March's Employee of the Month.  She stated Mr. Sanchez has terrific working relationships with his co-workers and displays great dedication to his job.

 

The Council thanked Antonio for the excellent job he does for the Town and the community.

8.PRESENTATIONS
A.Councilmember Judith Cantu
Presentation by Councilmember Cantu regarding the Cesar Chavez Celebration and a Countywide/Town yard sale.

Councilmember Cantu discussed a promotion for Cesar Chavez Day on March 31st at the Old County Courthouse.  She stated there will be a documentary with a question and answer session to follow.  Furthermore, during the weekend of August 1, 2015 there will be a 45 year celebration of the signing of the United Farm Workers Bill with a reenactment of Cesar Chavez's March. The location has not been determined yet.

 

Arsenio Cordova stated he believes the celebration is long overdue and gave a history on how migrant workers from the community travelled to other states to work on farms.  He looks forward to honoring Cesar Chavez and Taos' culture.

 

Councilmember Cantu stated in addition to the celebration during the weekend of August 1st, a town and countywide yard sale is being planned as an economic stimulus.  She stated such yard sales have proven to be successful in other states.  She further stated the advertising budget for the March 31, 2015 event is estimated to cost approximately $2,717.  El Moises, the artist, is allowing the use of his painting of Cesar Chavez to assist with advertising. He is not asking for any money, only that his name be used in the ad.

 

Lengthy discussion ensued regarding the events that are planned and allowing high school students to participate in the events.

 

Councilmember Peralta suggested separating the two projects and allow $5,000 to be used for the event on March 31st to include allowing the high school students to participate, then allocate additional funds for the event in August. He further requested that Councilmember Cantu provide him with a budget for the August event to evaluate separately.

B.Taos Sports Alliance
  • Presentation from Taos Sports Alliance regarding locker rooms at the Eco Park. 
  • Staff seeks direction from the Mayor & Council in regards to the future of the Taos Sports Alliance contract TT-13-49.

Peter French provided an update on the locker rooms at the Eco Park and stated estimates through the Cooperative Education System (CES) process came in higher than anticipated.  He has been working with Town staff to solicit RFPs and assured the Council that the entire budget will not be spent.  He believes the locker rooms will be complete by this Fall.  Additionally, the UNM soccer coach has been supportive and will be coming to play and train in Taos.

 

Discussion ensued regarding long range plans for TSA, which includes making Taos a sports destination to promote economic development.  TSA plans to study the community's needs. 

 

The Council directed the Town Manager to meet with the TSA Board to determine whether the Town should continue contracting with TSA for the management of the Eco Park.  Mr. Bellis stated he will bring a recommendation back to the Council at the March 24, 2015 Regular Meeting.

9.CITIZENS FORUM - Citizens wishing to speak shall have the opportunity to do so for 5 minutes. No action may be taken

The following citizen came forward to speak:

  • Arsenio Cordova stated he supports the Taos Sports Alliance and the Eco Park.  He also extended an invitation to the Town Council to attend a walking tour of historical places in Taos tomorrow.
10.CONSENT AGENDA
Councilmember Peralta requested that, in the future, the language on agenda items in the Consent Agenda be changed to read "Approval of...." because there should not be any discussion or consideration of the items.
The items in the Consent Agenda below have been reviewed by the Mayor and the Mayor has placed these items on the Consent Agenda for the purpose of voting on all items with one vote.
A.Resolution 15-12 Intergovernmental Transfer of Personal Property
Discussion, consideration and possible approval of Resolution 15-12 approving the intergovernmental transfer of a 2006 BMW motorcycle to Taos County.
B.Resolution 15-14 Declaration of Town Surplus Property
Discussion, consideration and possible approval of Resolution 15-14 approving the disposition of vehicles, a mobile home and other miscellaneous equipment and materials owned by the Town of Taos pursuant to NMSA Section 3-54-2-A.
C.Out of State Travel - Lt. David Maggio
Consideration and possible approval of out of state travel to allow Town of Taos Police Department Lt. David Maggio to attend 31st International Symposium on Child Abuse in Huntsville, Alabama March 23-27, 2015.
D.Resolution 15-15 Budget Adjustment Request
Discussion, consideration and possible approval of Resolution 15-15 Budget Adjustment Request to Lodger's Tax Fund- Decrease unreserved fund balance by $37,887 and transfer this amount out to the Lodger's Tax Promotional Fund to cover for additional marketing expenditures in the amount stated above.

Councilmember Peralta made a motion to approve.  Councilmember Gonzales seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
11.PUBLIC HEARINGS
A.Transfer of Ownership of Liquor License - Plaza de Colores, LLC
Consideration and possible approval of Transfer of Ownership of Liquor License 2660/Application No. 940696 for Plaza de Colores, LLC dba Kyote Club located at 330 Paseo del Pueblo Sur, Suite A.

Public Opinion

Mayor Pro Tem Hahn opened the public hearing.  No one came forward.

 

After closing the public hearing, Mayor Pro Tem Hahn asked for questions from the Council.

 

Renee Lucero, Town Clerk, swore in Darren Cordova (Record owner of license) and James Perea (Applicant).

 

Mr. Cordova stated he believes the agenda is incorrect because it states the DBA is listed as Kyote Club; however, he is the current owner of the license and is selling the license to Plaza de Colores, so the license will be in their name. 

 

Ms. Lucero clarified the application was submitted by Plaza de Colores with the DBA listed as Kyote Club.  She further stated the application has received preliminary approval from the Alcohol and Gaming Division with the information indicated on the agenda.  Therefore, she believes the agenda is correct.

 

Mr. Cordova contacted his attorney and stated the agenda is correct as it is written.


Councilmember Peralta made a motion to approve.  Councilmember Gonzales seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
B.Ordinance 15-01- Regarding the 2015 International Fire Code
Discussion, consideration and possible approval of Ordinance 15-01 adopting certain provisions of the 2015 International Fire Code and Code Enforcement Fee Schedule.   

Public Opinion

Mayor Pro Tem Hahn opened the public hearing.  No one came forward.

 

After closing the public hearing, Mayor Pro Tem Hahn asked for questions from the Council.

                             

Councilmember Peralta asked if this ordinance indicates the International Fire Code is attached to the ordinance.

 

Floyd Lopez, Town Attorney, stated Paragraph 1.A. indicates the International Fire Code is adopted by reference, with exceptions.


Councilmember Gonzales made a motion to approve.  Councilmember Cantu seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
12.MATTERS FROM STAFF
A.Resolution 15-13 Establishing Fire Department Fee Schedule
Consideration, discussion and possible approval of Resolution 15-13 establishing the fee schedule for fire code and life safety inspections and plan reviews.   

Erik Oiesen Vreeke, with Taos Fire Department, stated the department has never charged for inspections or plan reviews and this schedule will cover the overhead costs that go into these procedures.  He further stated the schedule was developed by visiting with several code enforcement offices throughout the state and in Colorado. 

 

Mr. Bellis asked if the Fire Department performs planned reviews for the Taos County Planning Department. Mr. Oiesen Vreeke stated at their request, the Fire Department will perform plan reviews especially when it concerns developments that the Fire Department may need to respond to.  Mr. Bellis also asked if the Fire Department performs any on-site inspections to ensure that any plans that were approved by the County are carried out to meet the Town's Fire Code.  Mr. Oiesen Vreeke stated yes. Mr. Bellis requested that the Council allow the Fire Department to charge fees to applicants outside the Town limits as part of their review process.  He believes this may require an MOU with Taos County.

 

Councilmember Gonzales stated business owners already pay so many fees and he is hesitant to impose another fee on them.  He also does not agree with the government being a for profit enterprise.  He asked if the inspection process is very cumbersome. Mr. Oiesen Vreeke stated last month he did approximately forty-eight inspections.  He further stated inspections keep him very busy as he is the only one who does them. 

 

Extensive discussion ensued regarding the fee schedule and the restructuring of the Fire Department. Fire Chief Gonzales stated revenue from the fees will help offset costs and will hopefully enable him to add additional staff in the future.

 

The Council requested amendments to the ordinance prior to approval such as adding the definition of itinerant vendor; language that would not require home occupations to have annual inspections, language about a special fund being set up for revenue generated from the inspections, and additional consideration of annual fees and business license fees.

 

Mr. Bellis requested that the itinerant vendor definition be the same throughout the code. 


Councilmember Peralta made a motion to continue.  Councilmember Gonzales seconded the motion.  The motion Passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.   
The item was continued to the March 24, 2015 Regular Council Meeting at 1:00 p.m.
B.Plaza Security Camera Update
Discussions regarding the current security cameras on the plaza.

Conrad Cordova, IT Director, stated as of now there are only two working cameras out of five and there is no way retrieve data because the wire from Taos Plaza to Town Hall is not operable.  Mr. Cordova stated he has received quotes from two different vendors at $32,000 and $37,000 for 8 cameras and bandwidth. He indicated there would be no reoccurring costs such as a monthly fee.  Councilmember Gonzales recommended searching for less expensive solutions such as Kit Carson Electric's cost of $50 per month for up to 100 megabits per second, point to point. He believes the cameras should not utilize more than that.

 

Lengthy discussion ensued regarding how the cameras should be placed and directed to provide the best  coverage to secure the plaza. Additionally, Chief Weaver discussed the Police Department’s plan to provide more police presence on the plaza.  He stated in the near future there will be an officer permanently assigned to the historic district.

 

Further discussion ensued regarding the master plan of the parks, which should include addressing security concerns in the plaza and the possibility of applying for grant funds to accomplish this.  Mr. Bellis stated staff should evaluate all of the Town's assets and conduct an evaluation of the overall security needs of the Town's facilities.  This can be accomplished in phases.

 

Councilmember Cantu expressed the cameras are essential to provide safety for tourists and merchants. 

C.Matching Requirement for Camino de Medio Engineering and Design
Discussion, consideration and possible action regarding authority to provide and/or increase a match of local government funds not to exceed $60,000 for Legislative Appropriation for the engineering, environmental and design work for Camino de Medio, with not more than one-half ($30,000) to come from the Town and the balance ($30,000) to be contributed from Taos County.

Mr. Bellis stated Taos County appropriated $30,000 toward the design work for Camino del Medio with the hopes that the Town would commit another $30,000.  He stated the Public Works Director has estimated the design work to cost $300,000.  Additionally, Mr. Bellis understands from the Town's lobbyist that the project has been recommended for $400,000 from legislative appropriations; however, that has not been confirmed.

 

Discussion ensued regarding cash availability of funds in the general fund as well as matching funds remaining that were unexpended from a grant.

 

Councilmember Peralta made a motion to allocate $30,000 from the CDBG excess funds.  Councilmember Gonzales seconded the motion.  The motion passed.  The Councilmembers voted as follows:  Ayes: Cantu, Gonzales, Hahn, Peralta.

13.TOWN MANAGER'S REPORT
A.Other Matters
Mr. Bellis stated the new Planning, Community and Economic Development Director will begin on April 6, 2015; Renee Roberts will be the new Marketing and Tourism Director and will begin on March 16, 2015; interviews are currently being scheduled for Chief Building Official; the RFP for a Financial Advisor has been released; the RFP for a marketing consultant has been released; a revised RFP for events funding will be released on Friday; and March 18th is a joint meeting of the Planning & Zoning/Historic Preservation Commission Meeting to address signage, lighting, holiday and sidewalk displays in the downtown district.
14.MATTERS AND REPORTS FROM THE MAYOR
15.MATTERS AND REPORTS FROM THE COUNCIL
A.Public Records Requests - Councilmember Gonzales

Councilmember Gonzales stated he wants clarification on the policy for records requests from the Council. He is not pleased that recently he was informed that any time a Councilmember requests a record, the Town Manager and Town Attorney are notified.  He believes he should be able to go directly to any department to request information.  He further understands the responsibility of the Town Clerk receiving requests from the general public; but not the Town Council.  He wants to see documentation stating he is bound by the guidelines of the Inspection of Public Records Act (IPRA) to request information through the Town Clerk.

 

Mr. Lopez stated IPRA requires that all citizens must go through the Records Custodian of each entity to request records.  He further stated the Town's Code indicates that the Mayor and members of the Town Council shall deal with department heads and employees of the Town solely through the Town Manager and shall not give any order directly to any department or employee, either publicly or privately.

 

Councilmember Peralta stated he understands going through the Town Manager to give a directive to a department head; however, that is not the same as requesting a record.  The Town Clerk should receive requests from the general public; however, the Council should be able to go to the department head for information.

 

A very lengthy discussion ensued and Councilmembers Gonzales, Cantu, and Peralta believe they should not have to go to the Town Clerk to request records because they have a statutory duty to obtain information to conduct their jobs as elected officials.  The Town Attorney was directed to contact the Attorney General for an opinion on the issue and rewrite the Town's policy. Mr. Lopez stated he will conduct research and bring his results to the Council.

 

Councilmember Hahn stated he believes following a chain of command is essential due to liability issues.

B.Other Matters

Councilmember Cantu requested updates on the following issues:

  • A letter of support to Kit Carson Electric regarding installation of lights along Paseo del Pueblo Sur;
  • Monthly workshop meetings;
  • Reports to the Council from Griffin and Associates;
  • 2015 Legislative Session;
  • Electricity consumption from holiday lighting at Taos Plaza; and
  • Farmers Market.

 

Mr. Bellis provided an update on each of the issues.

 

Councilmember Peralta provided an update on capital outlay requests at the state legislature.  He also asked that the annual evaluation of the Town Manager take place before March 17th.

 

Discussion ensued about reinstating monthly workshop meetings two weeks prior to regular Council meetings.

 

Councilmember Hahn handed out a letter regarding a summit that he would like to take place with other entities to discuss issues affecting the County.

16.ADJOURNMENT
A motion was made by Councilmember Gonzales and seconded by Councilmember Peralta to adjourn the meeting.  The motion carried unanimously and the meeting adjourned at 4:19 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/ .