MINUTES REGULAR MEETING

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1 0 0 0 MINUTES REGULAR MEETING Taos Town Council Town Council Chambers 0 Civic Plaza Drive Taos, New Mexico November 0, 00 :0 p.m.. CALL TO ORDER: The Regular Meeting of the Taos Town Council was called to order by the Honorable Mayor Bobby F. Duran at : p.m.. ROLL CALL: Ms. Renee Lucero, Town Clerk, called roll and a quorum was present. Those present were Mayor Bobby F. Duran, Councilmembers Erlinda S. Gonzales, Meliton Struck, Darren Cordova, and Rudy Abeyta. Also present were Town Manager Tomas Benavidez, Town Attorney Renee Barela-Gutierrez and Town Clerk Renee Lucero.. PLEDGE OF ALLEGIANCE: Councilmember Gonzales led the audience in the pledge of allegiance.. APPROVAL OF AGENDA: MOVE Item.A&B to after Consent Agenda. Under Item A. add the word SPECIAL before the word WORKSHOP Councilmember Cordova made a motion to approve the Agenda as amended. Councilmember Gonzales seconded the motion. The motion carried unanimously.. APPROVAL OF MINUTES: A. October, 00 Councilmember Cordova made a motion to approve the Minutes of October, 00 Monthly Department Staff Briefing Meeting. Councilmember Struck seconded the motion. The motion carried unanimously. October, 00 Councilmember Abeyta made a motion to approve the Minutes of the October, 00 Special/Workshop Meeting. Councilmember Gonzales seconded the motion. The motion carried unanimously. Page of

2 Town of Taos Council Regular Meeting Minutes November 0, B. October, 00 Councilmember Struck made a motion to approve the Minutes of the October, 00 Regular Meeting. Councilmember Cordova seconded the motion. The motion carried unanimously. C. October, 00 Councilmember Abeyta made a motion to approve the Minutes of the October, 00 Special Meeting. Councilmember Gonzales seconded the motion. The motion carried unanimously. October, 00 On page of, Line Change Gonzales to Struck On page of, Line Change the sentence to read The letter stated that our Town Manager has been unable to rise to the level of leadership required of a Town Manager. Councilmember Cordova made a motion to approve the Minutes of the October, 00 Special Meeting as amended. Councilmember Abeyta seconded the motion. The motion carried unanimously. October, 00 On page of, Line Add the word the before new and add the word away before the word from. Councilmember Struck made a motion to approve the Minutes of the October, 00. Councilmember Cordova seconded the motion. The motion carried unanimously.. AWARDS AND RECOGNITIONS: A. Employee Appointments, Daniel Miera, Interim Human Resources Director Henry Martinez Robert Martinez Buildings Department Transportation Department Building Maintenance Specialist III Transit Operator I Temporary Full Time Councilmember Gonzales made a motion to approve the appointments as presented. Councilmember Struck seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: \ Page of

3 Town of Taos Council Regular Meeting Minutes November 0, Town Clerk Lucero swore in the following appointments: Edward Abeyta Fire Department Firefighter II Full Time --0 Councilmember Cordova made a motion to approve the appointment as presented. Councilmember Struck seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: William Hubbard Police Department Police Officer III Full Time --0 Councilmember Struck made a motion to approve the appointment as presented. Councilmember Cordova seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: B. Proclamation proclaiming November 0, 00 as David Hillman Day. Citizens Forum: The following people came forward: A. James C. Lewis Architect Presentation on the building design of the Pediatric Clinic Councilmember Cordova thanked Patricia Trujillo, Special Projects Director, for her assistance with this project. He also commended the past and present Council and also past Commissioner Don Francisco Trujillo for working so hard to accomplish this. Dr. Villareal came forward and stated that she was involved throughout the entire process and is satisfied with the outcome. B. Susan Crowley regarding the programs and services of the Boys & Girls Club Ms. Crowley discussed the programs and stated that she looks forward to working with the Town of Taos. Page of

4 Town of Taos Council Regular Meeting Minutes November 0, C. Michael Pena came forward and stated that our most precious resource is water. The citizens need to watch our use. He s spoken with several Town staff members about commercial over-usage. There are a lot of local businesses who are wasting water. He asked the Mayor and Council to consider a usage policy. Burger King and McDonalds waste a lot of water by watering their parking lots every day rather than sweeping. Mayor Duran stated that the situation will be looked into. Councilmember Abeyta stated that we need to make sure we have a good water supply for the next 0 years. D. Brother Benedict Brother Benedict came forward to congratulate the Council and staff on getting speedhumps in such a timely manner. He stated that the speedhumps were placed just days following their request at the Regular Meeting on October, 00. Councilmember Abeyta stated that Mr. French Espinoza, Public Works Director, made sure that this was accomplished. He should be used as an example to all Town Directors. Town Manager Benavidez also thanked French and his crew. He stated that there are many things that French has been asked to do on a daily basis and he always follows through. Councilmember Cordova thanked French for doing an outstanding job.. MATTERS FROM THE TOWN MANAGER A. First reading of Ordinance No. 0- authorizing the Issuance and Sale of Town of Taos, New Mexico State-shared Gross Receipts Tax Revenue Bonds in a Principal Amount not to exceed $,00,000. NO ACTION B. Council direction to publish notice of public hearing and intent to adopt Ordinance No. 0- to be held on December, 00 in the Taos News. Councilmember Cordova made a motion to approve the item as presented. Councilmember Struck seconded the motion. The motion was approved by. CONSENT AGENDA Page of

5 Town of Taos Council Regular Meeting Minutes November 0, The Mayor presented the following consent agenda to the Council. He read each item on the agenda and advised the Council that they could request any item be removed from the consent agenda if they wanted to discuss such item: A. Tina Torres, Purchasing Agent Review and approval of #0-0-0 Roads & Construction Materials & Services Contract to be awarded to Northern Mountain Constructors Inc. and A&S Construction who submitted competitive bids for our request for bid. B. Francisco French Espinoza, Public Works Director Review and authorization for mayor to enter into a capital cooperative agreement with the NM Department of Transportation in the amount of $00, for roadway funding. Control Number CG, Project Number SP-GA- (00) To plan, design and construct improvements to Este Es road, including the extension of the water and wastewater lines and improvements to the pedestrian facilities. C. Daron Syling, Interim Police Chief Authorization of a "Agreement for Confinement of Prisoners" with San Miguel County Detention Center. Contract TT-0- The Town of Taos has an agreement with San Miguel County Detention Center to house Town of Taos prisoners. The agreement is for a term of one year from December, 00 to December, 00. The Town of Taos, under the agreement, shall pay San Miguel County the total amount of $.00 per prisoner day line item # D. Francella Garcia, Grants Administrator Approval and acceptance of 00 Capital Cooperative Grant Agreement in the amount of $0, to map and replace street lighting to comply with night sky protection ordinances in Taos, Taos County. Grant agreement to mature June 0th, 0. E. Matt Foster, Long-Range Planner Acceptance of the Community Development Block Grant in the amount of $,000 for a Sustainable Building Ordinance. F. Carol Valade, Fixed Assets Clerk Approval of Resolution 0- Disposal of miscellaneous electronic equipment. This list will include broken fax machine, desktop printers, paper shredders, etc. A complete list will be attached to the resolution. Disposal will be done through the E-waste recycling at the recycling center. G. Mauro Rosales, Buildings Director Request approval to attend the 00 ICC (International Code Council) Conference in Las Vegas, Nevada on December,,, 00. Total cost of out-of-state travel is $.. 0 Councilmember Struck made a motion to approve the Consent Agenda as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers Gonzales, Page of

6 Town of Taos Council Regular Meeting Minutes November 0, MATTERS FROM STAFF A. Tina Torres, Purchasing Agent. Recommendation to award RFP Impact & reduce Youth Violence and Crime to the following submitters as follows: CAV $00; Dream Tree $00; Rocky Mountain Youth Corp $00; Taos Swim Club $000; Taos Jr. Chess Club $000; Community Wellness Center $0; and Amigos Unidos $0. Councilmember Gonzales made a motion to approve the item as presented. Councilmember Cordova seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were:. Recommendation to award RFP Economic Development to the following submitters as follows: Taos Solar Festival $000; Enchanted Circle Business Alliance $000; Taos Entrepreneurial Network $,000; Taos Beef Project (sponsored by Taos Community Foundation) $,000. Councilmember Cordova made a motion to approve the item as presented. Councilmember Struck seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were:. Recommendation to award RFP Community Development Program to the following submitters as follows: Taos County Economic Development Corp $0,000.00; Collaborative Action for Taos County Health (CATCH) $0, Councilmember Cordova made a motion to approve the item as presented. Councilmember Abeyta seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: B. Renee Lucero, Town Clerk Consideration and approval of Resolution 0- calling for a Regular Municipal Election on March, 00. Councilmember Struck made a motion to approve the item as presented. Councilmember Abeyta seconded the motion. The motion was approved by C. Daniel Miera, Assistant Town Manager Consideration and approval of Resolution 0- Commitment to Clean Energy Page of

7 Town of Taos Council Regular Meeting Minutes November 0, Councilmember Struck made a motion to approve the item as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers: Gonzales, D. Brian Greer, Youth & Family Center Authorization to close the Taos Plaza to vehicular traffic on Friday, November 0, 00 from :00 PM - :0 PM for the Yuletide Caroling and Tree Lighting. Councilmember Cordova made a motion to approve the item as presented. Councilmember Abeyta seconded the motion. The motion was approved by. PUBLIC HEARINGS Approval of Town of Taos Ordinance 0- repealing and replacing Town of Taos Ordinance 0-0, an Ordinance authorizing the use of affordable housing funds to be awarded, loaned or otherwise distributed through a qualified community housing development organization pursuant to the Affordable Housing Act for the Chamisa Verde Subdivision Program beginning Fiscal Year until build out of the Chamisa Verde Subdivision, unless otherwise amended. Town Attorney Barela-Gutierrez requested that this item be tabled because she s still waiting to hear from the New Mexico Mortgage Finance Authority. Councilmember Cordova made a motion to table Ordinance 0-. Councilmember Abeyta seconded the motion. The motion was approved by Councilmember Cordova made a motion to rescind his motion and open the Public Hearing Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers: Gonzales, Struck, Cordova, and Abeyta Mayor Duran opened for public hearing. The following people came forward: Town Manager Benavidez commended the Council for the homes that have already been built. Councilmember Abeyta stated that those homes were built in collaboration with between the Town of Taos, Youthbuild and Habitat for Humanity. He is very optimistic that in the Spring we might be able to break ground on 0 homes which will show a return on investment. We re going to have a real comprehensive program. Page of

8 Town of Taos Council Regular Meeting Minutes November 0, After closing the public hearing Mayor Duran asked for further questions from the Council. There were no further questions from the Council. Councilmember Cordova made a motion to table Ordinance 0-. Councilmember Struck seconded the motion. The motion was approved by Struck, Cordova, and Abeyta. MATTERS FROM THE TOWN ATTORNEY A. Approval of Memorandum of Understanding between the New Mexico Economic Development Department and the Town of Taos regarding training in Taos County TT-0-. Councilmember Cordova made a motion to approve the item as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: B. Approval of Joint Powers Agreement between Taos County and the Town of Taos for providing public rest rooms at the Old County Courthouse for use by the community TT-0-. Councilmember Cordova made a motion to approve the item as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were:. MATTERS FROM THE TOWN MANAGER C. Approval of extension of parking pilot project through the end of December 00. Councilmember Abeyta made a motion to approve the item as presented. Councilmember Cordova seconded the motion. The motion was approved by D. Consideration and approval of Resolution 0- - Fair Trade Resolution to become the rd or th Fair Trade community in the western United States. Upon reviewing Resolution 0- in comparison to the sample resolution that was handed out by Steve Gloss, Mayor Duran recommended changing Item ) in the last paragraph by deleting the word consider and changing the word appointing to appoint. Town Manager Benavidez recommended adding Page of

9 Town of Taos Council Regular Meeting Minutes November 0, Item ) The Town expresses a preference in purchasing Fair Trade products pursuant to State and internal procurement regulations. Town Manager Benavidez also recommended changing the third Whereas to read as follows: Whereas, production of Fair Trade good is achieved through sustainable and ecologically friendly means, thus benefiting the planet; and. Councilmember Cordova made a motion to approve the item as amended. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers: Gonzales, E. Consideration and approval of Sustainability Resolution 0- - Working with elected officials, community members, and local governments to incorporate sustainable principles and practices into all functions and operations of local government. Councilmember Struck made a motion to approve the item as presented. Councilmember Gonzales seconded the motion. The motion was approved by an affirmative vote. Those voting AYE were: Councilmembers: Gonzales, F. Consideration and approval of Resolution Transportation Planning Advisory Committee. Councilmember Cordova made a motion to approve the item as presented. Councilmember Abeyta seconded the motion. The motion was approved by G. Consideration and approval of Resolution 0- Franchise Evaluation and Bargaining Advisory Committee Councilmember Cordova made a motion to approve the item as presented. Councilmember Struck seconded the motion. The motion was approved by H. Consideration and approval of Resolution 0- regarding the Town of Taos becoming an Energy Star Member. The Energy Star Program is sponsored by the United States Department of Energy to assist local governments, business, and individuals protect the environment through superior energy efficiency which will avoid greenhouse gas emissions. Councilmember Cordova made a motion to approve the item as presented. Councilmember Gonzales seconded the motion. The motion was approved Page of

10 Town of Taos Council Regular Meeting Minutes November 0, by an affirmative vote. Those voting AYE were: Councilmembers: Gonzales,. MATTERS FROM THE MAYOR AND COUNCIL Discussion of Town of Taos Personnel Ordinance, Title, Governance and Personnel Manual sections..0 and..0 related to appointment of Department Heads. Councilmember Abeyta stated that he asked to have this item placed on the agenda for discussion. He feels it is not necessary for a new Mayor to come in and re-appoint directors. He wants to see that all directors become classified employees, except those who are required to be exempt by law. Councilmember Cordova stated that this is a concern that was brought up at the Management Retreat. He believes that to a certain extent a new governing body should have a right to re-appoint directors. He is concerned that certain directors are exempt while others are not. We just need to be consistent. Assistant Town Manager Miera stated that the decision is whether to classify the employee or the position. Councilmember Abeyta stated that the proposal is to make all positions classified. Councilmember Gonzales stated that this is the wrong time to be doing this since we re talking about consolidating some departments. Councilmember Cordova stated that regardless of reorganization of departments, the exempt employees will remain and all others will become classified. He would like to see this issue go through the process of a public hearing and allow the directors an opportunity to voice their concerns. Town Manager Benavidez stated that the Executive Assistant was also made exempt and that needs to be corrected. There was a discussion that some directors feel that their jobs are not secure and worry every time there s an election. Councilmember Gonzales stated that she has never heard that directors are worried about being let go. Councilmember Cordova stated that the directors shared their concerns at the Management Retreat. Councilmember Abeyta stated that it s very difficult for the directors to come to the Council to say they re concerned. But they felt comfortable voicing concerns at the Retreat and Management Team Meetings. He didn t understand what is fundamentally wrong with doing this. Page of

11 Town of Taos Council Regular Meeting Minutes November 0, Councilmember Gonzales asked Assistant Town Manager Miera if this was brought up to the management team because of the Council. Assistant Town Manager Miera stated that it was brought up at the retreat, then brought to Council for approval several months ago and was tabled. Now it s being brought back again. That s the reason it was brought up at the Management Team Meetings. Councilmember Gonzales stated that she would like to see what other municipalities are doing before this is acted on. It was agreed that the item would be brought for consideration at the Regular Meeting on December, 00.. EXECUTIVE SESSION Councilmember Cordova made a motion to go into Executive Session to discuss the following: ) Limited personnel matters regarding Human Resources Director; ) limited personnel matters regarding the Library Director; ) limited personnel matters regarding the Planning & Zoning Director; ) limited personnel matters regarding the Utilities Director; ) limited personnel matters regarding the Economic Development Director; ) limited personnel matters regarding the Police Chief; and ) pending or threatened litigation regarding Enviroworks v. Town of Taos, Eighth Judicial District, CV 00-. Pursuant to NMSA ---H.&. Councilmember Struck seconded the motion. The motion was confirmed by an affirmative vote. Those voting AYE were: Councilmembers Gonzales, Struck, Cordova, and Abeyta. At : p.m., Councilmember Cordova made a motion to come out of Executive Session and stated that 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: Councilmembers Gonzales,. ADJOURNMENT: A motion was made by Councilmember Cordova and seconded by Councilmember Gonzales to adjourn the meeting. The motion carried unanimously and the meeting adjourned at :00 p.m. Page of

12 Town of Taos Council Regular Meeting Minutes November 0, 00 APPROVED: Bobby F. Duran, Mayor ATTEST: Renee Lucero, Town Clerk Page of