The Regular Meeting of the Planning and Zoning Commission was called to order by Acting Chairman Garcia at 5:32 p.m. 

Ms. Dinah Gonzales, Planning, Zoning and Buildings Administrative Assistant, called roll and a quorum was present.

Those present were:

Douglas Patterson

Dennis Garcia

James Pollard

John Durham

Jan Debay

Also present were:

Matthew Spriggs, Acting Planning, Community and Economic Development Department Director

Dinah Gonzales, Planning, Community and Economic Development Department Administrative Assistant

Those absent were:

Billy Romero

Eddie Lucero

Commissioner Patterson made a motion to amend the agenda to move Item 8. Matters from the Planning and Zoning Commission A. Appointment of Officers to be heard after Item 4. Approval of Agenda and before Item 5. Approval of Minutes.

Commissioner Pollard seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Patterson, Garcia, Pollard, Durham, Debay

Commissioner Durham stated since Commissioners Durham, Pollard and Debay were not in the Planning and Zoning  Commission on July 2, 2014 they would abstain because they were not Commissioners at that time.

Chairman Garcia stated he was not at the July meeting but his name appears in a few areas of approval or recommendation in the minutes. Chairman Garcia asked that his name be removed. Chairman Garcia stated he doesn't know how to approach the approval of these minutes since there is not a quorum of Commissioners that attended that meeting.

Acting Town of Taos Planning, Community and Economic Development Department Director Matt Spriggs stated the best way is to email those Commissioners that were present at the July 2, 2014 P&Z meeting and have them review the minutes for accuracy and the provide a proxy vote via email to Ms. Gonzales and at the next regularly scheduled meeting the Commission can ratify that vote from the previous impaneled Commission.

Commissioner Patterson made a motion to continue the approval of minutes for the July 2, 2014 Planning and Zoning Commission Meeting to the next regularly scheduled meeting on February 4, 2015.

Commissioner Debay seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Patterson, Garcia, Pollard, Durham, Debay

Commissioner Debay made a motion to approve the August 6, 2014 Meeting Minutes as presented.

Commissioner Durham seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Garcia, Durham, Debay

Those abstained: Patterson, Pollard

Mr. Spriggs stated it is his understanding the matter was incomplete prior to the deadlines therefore a staff report has not been provided and this case will have to be continued however because it is on the agenda and it has been advertised to the public then we do have to open and  close public comment for those individuals who cannot be heard on the date in which this will be continued to which will be the next regularly scheduled meeting on February 4, 2015.

Chairman Garcia stated as a courtesy he thought it only right to allow Mr. Martinez to speak and make comments  and added they cannot make any decisions but they can get a little of what the issue is.

Commissioner Pollard stated the matters that come before the Commission have four components, the staff, the Commission, the applicant, and the general public and added they are not ready to move forward with it.  Commissioner Pollard stated if they hear the appellant they are hearing it without information.

Mr. Spriggs stated it is a matter of procedure, because Mr. Martinez is a party to the action that is before the Commission, unless you are opening the formal hearing you really shouldn't  be providing testimony because we don't have the preparation in order to be able to provide any kind of rebuttal or any other facts for you.  It goes through the decision making process, he is not the average citizen, he is a party to a legal action that is before you.  Mr. Spriggs stated it has to be continued which means both parties which is the Town of Taos and the Appellant have to wait their turn until the next scheduled meeting in which it can be heard.  Mr. Spriggs added anyone else who is not a party to the case, because they are members of the public who may be inconvenienced and have come here in order to  supply you with information and are not able to attend on the future date should be given the opportunity to provide their information.

Mr. Spriggs stated there is  a language error on the title of Case No. PZB2014-35. It reads the decision of the Code Administrator to grant a home occupation and it should read the decision of the Code Administrator to rescind.  Mr. Spriggs added we need to amend that language.

Chairman Garcia stated he wanted some clarification and wants to know from the Commission how they feel about the process.

Commissioner Pollard stated he understands what Chairman Garcia is saying but he also believes that the Commission is not prepared to move forward and added he does not feel comfortable moving forward.

Commissioner Pollard made a motion in Case No. PZB2014-35, appeal filed by Erminio Martinez and Amy Romero in view of the fact that all documentation has not been prepared and all parties are not properly prepared that this case be continued to the next regularly scheduled Planning and Zoning Commission Meeting on February 4, 2015.

Commissioner Durham seconded the motion. The motion was Passed. Those voting AYE were: Commissioners:  Garcia, Pollard, Durham, Debay

Commissioner Patterson abstained.

Consideration and appointment of a new Chairman and Vice-Chairman.

Commissioner Garcia was nominated for Chairman by Commissioner Patterson and seconded by Commissioner Pollard.

Commissioner Debay made a motion to close the nominations.

The nominations were closed.

Commissioner Garcia was appointed as the Chair.  Those voting AYE were: Commissioners: Patterson, Garcia, Pollard, Durham, Debay

Commissioner Debay nominated Commissioner Patterson for Vice-Chair.  Commissioner Pollard seconded.

Those voting AYE were: Commissioners: Garcia, Durham, Debay

Those voting NO were: Patterson, Pollard

Commissioner Patterson nominated Commissioner Durham.  Commissioner Pollard seconded.

Those voting AYE were: Commissioners: Patterson, Pollard

Those voting NO were: Commissioners: Garcia, Durham, Debay

Commissioner Patterson was appointed Vice-Chair.

Commissioner Debay made a motion to approve the 2015 Planning and Zoning Commission Calendar.

Commissioner Pollard seconded the motion. The motion was Passed. Those voting AYE were: Commissioners: Patterson, Garcia, Pollard, Durham, Debay