Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, NOVEMBER 6, 2014 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, November 6, 2014 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Gerard Saiz, Councilwoman Paulette Sanchez-Montoya, Councilman Gino Romero and Councilwoman Amanda Perea. Mayor: Charles Griego Mayor Pro Tem: Amanda Perea Council: Gerard Saiz Paulette Sanchez-Montoya Gino Romero Also present were: Gregory D. Martin, Debra Sanchez, Mr. Gilcrease, Sandy Schauer, Phillip Armijo, David Adame, Ginny Adame, Robert Anderson, M. Vallejos, Fred Sichler, Julie Plummer, M. Armijo, Maria Gonzales, James Taylor, Jim Rickey, Abiel Carrillo and Deborah Fox. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required:  CALL MEETING TO ORDER.  PLEDGE OF ALLEGIANCE.  APPROVAL OF AGENDA.  PUBLIC INPUT FORUM. 1. RECOGNITION OF FIREFIGHTERS 2. ORDINANCE 397 – AN ORDINANCE APPROVING A PROJECT INVOLVING ACCURATE MACHINE & TOOL CO., INC. PURSUANT TO THE LOCAL ECONCOMIC DEVELOPMENT ACT AND VILLAGE ORDINANCE NO. 322, TO SUPPORT THE OPERATION OF A MANUFACTURING FACILITY AND AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN ACCURATE MACHINE & TOOL CO., INC. AND ACIM, INC., AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. 3. ORDINANCE 276-2014-4 – ZONING ORDINANCE AMENDMENT. 4. ZONE CHANGE – KIRK GILCREASE. 5. DESIGNATED USE – KIRK GILCREASE. 6. REQUEST PERMISSION TO FILL TWO PUBLIC WORKS TECHNICAN VACANCIES IN THE WATER/SEWER DIVISION. 7. EXECUTIVE SESSION: a) Hire FT Solid Waste Residential Driver – Public Works Department. 8. TRAVEL (IN-STATE / OUT-OF-STATE). 9. APPROVAL OF MINUTES. a) Minutes of October 23, 2014. b) Workshop minutes of October 23, 2014. 10. ADJOURNMENT.  CALL MEETING TO ORDER. At 6:00 PM, Mayor Charles Griego brought the meeting to order and welcomed the audience.  PLEDGE OF ALLEGIANCE. Mayor Griego asked Mr. Rudy Archuleta to lead the Mayor, Council and audience in the Pledge of Allegiance.  APPROVAL OF AGENDA. Mayor Griego asked if there were any additions or corrections to the council agenda – there was none. APPROVAL: Motion to approve agenda MOVED: Councilwoman Perea SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya – yes) FOR AND 0 AGAINST.  PUBLIC INPUT FORUM. Mayor Griego asked if there was anyone in the audience who wanted to speak to the Council that was not a part of the agenda. Mr. James Taylor approached the podium – he wanted to show off his father’s seventy year old Mounty Uniform that he wore back in the 1940’s. 1. RECOGNITION OF FIREFIGHTERS. Fire Chief Lito Chavez presented item one. Lt. Tommy Madrid and Firefighter David Adame were recognized for their excellent score (Gold level) for the health assessment and received their certificate be to instructors by Health Metrics, Inc. 2. ORDINANCE 397 – AN ORDINANCE APPROVING A PROJECT INVOLVING ACCURATE MACHINE & TOOL CO., INC. PURSUANT TO THE LOCAL ECONCOMIC DEVELOPMENT ACT AND VILLAGE ORDINANCE NO. 322, TO SUPPORT THE OPERATION OF A MANUFACTURING FACILITY AND AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN ACCURATE MACHINE & TOOL CO., INC. AND ACIM, INC., AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. Mayor Griego asked for a motion from Council to remove from tabled status. MOTION: motion to remove from tabled status MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion to adjourn as Council and go into a public hearing. MOTION: motion to approve MOVED: Councilman Romero SECONDED: Councilwoman Perea ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked Council for a motion regarding ordinance 397. MOTION: motion to approve ordinance 397 MOVED: Councilman Romero SECONDED: Councilwoman Perea ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 3. ORDINANCE 276-2014-4 – ZONING ORDINANCE AMENDMENT. Mayor Griego asked for a motion to adjourn as Council and go into a public hearing. MOTION: motion to approve MOVED: Councilwoman Perea SECONDED: Councilman Romero ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council. MOTION: motion to approve ordinance 276-2014-4 and adopt findings of Planning and Zoning. MOVED: Councilwoman Perea SECONDED: Councilman Romero ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 4. ZONE CHANGE – KIRK GILCREASE. Mayor Griego asked for a motion to adjourn as Council and go into a public hearing. MOTION: motion to approve MOVED: Councilwoman Perea SECONDED: Councilman Saiz ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council regarding the zone change MOTION: motion to approve the zone change from S-U to C-2 MOVED: Councilman Saiz SECONDED: Councilwoman Perea ROLL CALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 5. DESIGNATED USE – KIRK GILCREASE. Ms. Christina Ainsworth presented the recommendation of Planning & Zoning. Planning & Zoning asked that the Council disapprove the designated use for the following recommendations/findings: the applicant bears the burden or persuasion and was not present at the hearing – his father was present but Planning & Zoning wanted to hear from the actual owner. Mayor Griego asked for motion from Council regarding the designated use. MOTION: motion to adopt the findings of the Planning & Zoning and deny the designated use MOVED: Councilman Saiz SECONDED: Councilwoman Perea ROLLCALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 6. REQUEST PERMISSION TO FILL TWO PUBLIC WORKS TECHNICIAN VACANCIES IN THE WATER/SEWER DIVISION. Mr. Rudy Archuleta presented item six. Request is to fill two vacant positions with in the Water/Sewer Division due to recent departures of employees. They will utilize the current Public Works Technician applicant pool that was generated by the recently approved Public Works Technician job posting. Mayor Griego asked Council for a decision. MOTION: motion to approve MOVED: Councilman Romero SECONDED: Councilwoman Montoya ROLLCALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea –yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes)FOR AND 0 AGAINST. 7. EXECUTIVE SESSION. Mayor Griego announced that the Council would be going into executive session pursuant to NMSA 1978 Section 10-15- 1, that the following matters would be discussed in closed session: hire full time Solid Waste Residential Driver. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Saiz SECONDED: Councilwoman Perea CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Lovato – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Adjourned at 6:55 p.m. At 7:13 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing: hiring of a full time Solid Waste Residential Driver. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilwoman Perea SECONDED: Councilwoman Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Lovato – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the hiring of a FT Solid Waste Residential Driver – Mayor Griego put up the name of Rudy Leon. APPROVAL: Motion to approve MOVED: Councilwoman Perea SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Lovato – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 8. TRAVEL. Mayor Griego asked if there was a motion regarding in-state and out-of-state travel. MOTION: motion to approve travel MOVED: Councilwoman Perea SECONDED: Councilman Romero ROLLCALL: vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 9. APPROVAL OF MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of October 23, 2014. MOTION: Motion to approve October 23, 2014 minutes MOVED: Councilwoman Perea SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Mayor Griego asked if there were corrections or additions to the workshop minutes of October 23, 2014. MOTION: Motion to approve MOVED: Councilwoman Montoya SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilwoman Perea – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 10. Council meeting adjourned at 7:18 p.m. ________________________________ ________________________________________ GREGORY D. MARTIN, VILLAGE AMINISTRATOR CHARLES GRIEGO, MAYOR  MINUTES VILLAGE OF LOS LUNAS THURSDAY, NOVEMBER 6, 2014 PUBLIC HEARING (Commenced at 6:11P.M.) 2. ORDINANCE 397 – AN ORDINANCE APPROVING A PROJECT INVOLVING ACCURATE MACHINE & TOOL CO., INC. PURSUANT TO THE LOCAL ECONCOMIC DEVELOPMENT ACT AND VILLAGE ORDINANCE NO. 322, TO SUPPORT THE OPERATION OF A MANUFACTURING FACILITY AND AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN ACCURATE MACHINE & TOOL CO., INC. AND ACIM, INC., AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY; AND REPEALING ALL ACTIONS INCONSISTENT WITH THIS ORDINANCE. Mr. Gregory Martin presented item two. Mr. Martin introduced Ms. Bonnie Paisley and Ms. Antoinette Vigil. Ms. Paisley talked about the LEDA program – this is the second part of the project involving Accurate Machine & Tool Co, INC. The Village of Los Lunas approved the Industrial Revenue Bonds at the September 25th Council Meeting. This LEDA transaction involves the transfer of $400,000.00 from the State Economic Development to the Village of Los Lunas which will be used on this project and to be applied to the purchase price of the land where they are building their facility. There is another agreement between the Village and Accurate Machine where the company agrees to create one hundred jobs by September 2015. That obligation is secured by a letter of credit for $400,000.00. If the jobs are not created, the Economic Development Department can draw against the letter of credit. Mayor Griego asked if Council had any questions – there were none. Ms. Vigil approached the podium; she wanted to thank the Village for the support. Councilman Romero asked if the company did not fulfill the staffing requirement, would the money have to be returned. Ms. Vigil replied yes, all the money would have to be returned. Mayor Griego asked if there was anyone from the audience who wanted to speak regarding the project. Mr. Steve Plummer approached the podium; he wanted to thank the Mayor and Council for all their help in this project. There were no comments from the audience for or against the project. Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to go back in to Council MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz ROLLCALL: vote of 4 (Councilwoman Perea – yes; Councilman Saiz – yes; Councilman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Public hearing closed at 6:18 P.M.  MINUTES VILLAGE OF LOS LUNAS THURSDAY, NOVEMBER 6, 2014 PUBLIC HEARING (Commenced at 6:19P.M.) 3. ORDINANCE 276-2014-4 – ZONING ORDINANCE AMENDMENT. Ms. Christina Ainsworth presented item three. This ordinance would create a category for light manufacturing – this would be for a smaller scale that would serve the local population. It would also modify the description in C-1 and C-2. Something that is compatible near residential. This is one of many changes coming. Planning and Zoning did recommend approval for ordinance 276- 2014-4. Mayor Griego asked Council if they had any comments – there were none. Mayor Griego then asked if there were any comments for or against from the audience –there were none. Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to go back in to Council MOVED: Councilman Romero SECONDED: Councilman Saiz ROLLCALL: vote of 4 (Councilwoman Perea – yes; Councilman Saiz – yes; Councilman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Public hearing closed at 6:24 P.M.  MINUTES VILLAGE OF LOS LUNAS THURSDAY, NOVEMBER 6, 2014 PUBLIC HEARING (Commenced at 6:25P.M.) 4. ZONE CHANGE – KIRK GILCREASE. Ms. Christina Ainsworth presented item four. Ms. Ainsworth mentioned that items four and five were related. The property is located at 3485 Main Street SE. It’s currently zoned SU and is currently being used as a landscape business. The applicant would like to also have a concrete mixer / small scale. It is a small capacity mixer on the property. He needs to rezone to C-2. There were two Planning & Zoning meetings held on behalf of this item. He was asking to rezone to manufacturing because that was all available to him. Staff recommended denial – it was too intense for this area. Ms. Ainsworth held a meeting/mediation with the neighbors and the owner. There were concerns about dust, noise and traffic to this area. The Planning & Zoning recommended approval of the C-2 based on the fact that it is compatible with comprehensive plan and municipal code. Mayor Griego asked Council if they had any comments. Councilman Romero asked if there were any discussion of hours of operation. Ms. Ainsworth said the applicant works early and sometime late. He caters to residential – people who do their own landscaping. Mayor Griego asked Mr. Gilcrease if he had any questions. Mr. Gilcrease approached the podium. He said that he is requesting a zone change. He said that they have started the mixer and it’s no louder than a diesel truck. Mayor Griego then asked if there were any comments for or against from the audience – Mr. Fred Sichler approached the podium. He was in favor of the stow-n-cart concrete - he uses it in his business. The applicant’s dad spoke in favor of the zone change. The following people were against the designated use: Joseph Armijo (concerned with air quality); Maria Gonzales (gravel is an issue on the road); Gina Armijo (traffic concerns); Charles Apodaca (concerned with noise and dust); and Phillip Armijo (lives next to plant, noisy). Mr. Gilcrease (in favor) approached the podium again, he testified that he does not hear any more noise than usual and no one has complained about broken windshields from gravel hitting their windows. Councilman Saiz asked if the zone change is important now that the ordinance has been approved. Ms. Ainsworth replied they are two separate items; the C-2 is more appropriate in this area and does require a designated use. Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to go back in to Council MOVED: Councilman Saiz SECONDED: Councilwoman Montoya ROLLCALL: vote of 4 (Councilwoman Perea – yes; Councilman Saiz – yes; Councilman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Public hearing closed at 6:47 P.M.