Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, JUNE 23, 2016 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, June 23, 2016 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, Gino Romero, Paulette Sanchez-Montoya and Councilman Gerard Saiz. Mayor: Charles Griego Mayor Pro Tem: Paulette Sanchez-Montoya Council: Gerard Saiz Christopher Ortiz Gino Romero Also present were: Gregory D. Martin, Debra Sanchez, Sandy Schauer, Bob Anderson, Martin J. Garcia, Ginny Adame, Katherine Creagan, Jim Rickey, Deborah Fox, Karen Trujillo and Marty Callahan. 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. ORDINANCE 412 – BOND ORDINANCE. 2. ORDINANCE 413 – CONSIDERATION OF AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL REVENUE BONDS FOR THE BENEFIT OF GREATER KUDU LLC (THE “COMPANY”) T0 BE ENTITLED VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (GREATER KUDU LLC PROJECT), SERIES 2016 (THE “BONDS”) IN UP TO SIX SERIES IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE BILLION DOLLARS ($5,000,000,000.00) EACH, PROVIDING THAT THE BONDS WILL BE ISSUED FOR THE PURPOSE OF INDUCING THE COMPANY TO CONSTRUCT AND EQUIP A DATA CENTER CAMPUS AND RELATED FACILITIES WITHIN THE VILLAGE LIMITS. THE ORDINANCE PROVIDES FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS FROM LEASE PAYMENTS TO BE PAID BY THE COMPANY TO THE VILLAGE AND PROVIDES FOR THE EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE AGREEMENT AND A BOND PURCHASE AGREEMENT. 3. ACCEPTANCE OF MAINTENANCE – TRACTS A-3 THRU A-12 LANDS OF PETER H. NAUMBERG. 4. RECOGNIZE LOS LUNAS POLICE OFFICER PATRICK YOKOYAMA FOR OUTSTANDING JOB PERFORMANCE AT THE New Mexico LAW ENFORCEMENT ACADEMY. 5. CONTRACT – EVALUATION CONTRACT FOR THE DWI PROGRAM. 6. CONTRACT – ENFORCEMENT CONTRACT FOR THE DWI PROGRAM. 7. CONTRACT – THREATMENT CONTRACT FOR THE DWI PROGRAM. 8. CONTRACT – REQUEST PERMISSION TO ENTER INTO CONTRACT FOR THE SECURITY ATTENDANT. 9. EXECUTIVE SESSION: a) Hire Public Works Technician – Entry Level – Water/Sewer Division / Public Works Department. b) Hire FT Solid Waste Laborer - Solid Waste Division / Public Works Department. c) Hire Administrative Assistant – Community Development Department. d) Hire 2016 Summer Youth Beautification Program. e) Hire 2 Summer Youth Beautification Program Supervisors. f) Village Administrator Annual Performance Evaluation Action Plan. g) Village of Los Lunas Police Officer’s Association Collective Bargaining Agreement. 10. TRAVEL: IN-STATE / OUT-OF-STATE. 11. APPROVAL OF MINUTES: a) Minutes of June 9, 2016. 12. 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 David Gurule to lead the Mayor, Council and audience in the Pledge of Allegiance.  APPROVAL OF AGENDA. Mayor Griego announced that the Ordinance number for item 2 was a typo and should be Ordinance 413 and not 407 – he then asked if there were any other corrections/additions to the council agenda – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve amended agenda MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST.  PUBLIC INPUT FORUM. Mayor Griego asked if there was anyone in the audience who wanted to address the Council that did not have an item on the agenda. Ms. Karin Trujillo approached the podium – she wanted to invite everyone to the Relay for Life event at the Los Lunas High School field (Friday night ending Saturday morning). She also presented the Council with a plaque for their continued contribution to the program. 1. ORDINANCE 412 – BOND ORDINANCE. Mayor Griego asked for a motion to adjourn and reconvene in to a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council regarding ordinance 412. APPROVAL: Motion to approve ordinance 412 MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez – Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 2. ORDINANCE 413 – CONSIDERATION OF AUTHORIZING THE ISSUANCE AND SALE OF INDUSTIRAL REVENUE BONDS FOR THE BENEFIT OF GREATER KUDU LLC (THE “COMPANY”) TO BE ENTITLED VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (GREATER KUDU LLC PROJECT), SERIES 2016 (THE “BONDS”) IN UP TO SIX SERIES IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE BILLION DOLLARS ($5,000,000,000.00) EACH, PROVIDING THAT THE BONDS WILL BE ISSUED FOR THE PURPOSE OF INDUCING THE COMPNAY TO CONSTRUCT AND EQUIP A DATA CENTER CAMPUS AND RELATED FACILITIES WITHIN THE VILLAGE LIMITS. THE ORDINANCE PROVIDES FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS FROM LEASE PAYMENTS TO BE PAID BY THE COMPANY TO THE VILLAGE AND PROVIDES FOR THE EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE AGREEMENT AND A BOND PURCHASE AGREEMENT. Mayor Griego asked for a motion to adjourn and reconvene in to a public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez – Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion from Council regarding ordinance 413. APPROVAL: Motion to approve ordinance 413 MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez – Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 3. ACCEPTANCE OF MAINTENANCE – TRACTS A-3 THRU A-12 LANDS OF PETER H. NAUMBERG. Ms. Christina Ainsworth presented item three. This property is located behind Walgreens, its Ken Haynes Drive and Camino Del Rey Drive. It’s an extension of the road by Buffalo Wild Wings and will extend to Planet Fitness and connect to the Neighborhood. There is a letter from Molzen-Corbin and Associates that recommends that we move forward with the acceptance with the one year warranty which is typical and will be effective from the date the Council approve. Mayor Griego asked if there were any comments from Council – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 4. RECOGNIZE LOS LUNAS POLICE OFFICER PATRICK YOKOYAMA FOR OUTSTANDING JOB PERFORMANCE AT THE New Mexico LAW ENFORCEMENT ACADEMY. Police Chief Naithan Gurule presented item four. Office Yokoyama’s academy class began with 52 cadets and 38 graduated in May 2016. The class was having some difficulties with their performance and Officer Yokoyama was able to change the class direction in a positive way. The academy staff recognized Officer Yokoyama for his leadership. Chief Gurule also recognized Officer Mark Taylor. 5. CONTRACT – EVALUATION CONTRACT FOR THE DWI PROGRAM. Ms. Ginny Adame presented item five. Contract is being offered to Concha Montano whom is a nationally recognized trainer and consultant for diversity training, substance abuse prevention, strategic planning, community/organizational development, leadership and team building. It is important to work with the same evaluator who knows the evaluation process and to keep the fidelity of the current evaluation data. Mayor Griego asked if there were any questions from the Council – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve contract MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 6. CONTRACT – ENFORCEMENT CONTRACT FOR THE DWI PROGRAM. Ms. Ginny Adame presented item six. This contract is being offered to Joe Griego who is currently a certified Police Officer working and a Student Resource Officer with Los Lunas Schools. Mr. Griego has over 29 years of experience in law enforcement and 17 years of experience as the Lead Underage Drinking Taskforce Officer. Mayor Griego asked if there were any questions from the Council – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve contract MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 7. CONTRACT – TREATMENT CONTRACT FOR THE DWI PROGRAM. Ms. Ginny Adame presented item seven. This is a contract for Joanne Cordova-Sanchez who is a licensed drug and alcohol abuse counselor. Ms. Cordova-Sanchez has developed rapport with the DWI program’s Spanish speaking clients. Mayor Griego asked if there were any questions from the Council – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve contract MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 8. CONTRACT – REQUEST PERMISSION TO ENTER INTO CONTRACT FOR SECURITY ATTENDANT. Mr. Jason Duran presented item eight. This is a contract for security attendant, David Griego. He will work two days a week at the Transportation Center. Mayor Griego asked if there were any questions – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve contract for David Griego MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4(Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 9. 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: discuss the hiring of a Public Works Technician; the hiring of a FT Solid Waste Laborer; the hiring of an Administrative Assistant; the hiring of the 2016 Summer Youth; the hiring of 2 Summer Youth Beautification Program Supervisors; the Village Administrator Annual Performance Evaluation Action Plan; and the Village of Los Lunas Police Officer’s Association Collective Bargaining Agreement. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Ortiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Adjourned at 6:36 p.m. At 7:52 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing: the hiring of a Public Works Technician; the hiring of a FT Solid Waste Laborer; the hiring of an Administrative Assistant; the hiring of the 2016 Summer Youth; the hiring of 2 Summer Youth Beautification Program Supervisors; the Village Administrator Annual Performance Evaluation Action Plan; and the Village of Los Lunas Police Officer’s Association Collective Bargaining Agreement. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the list of summer youth applicants – Mayor Griego has a list, there were too many names to read – gave list to Christina Ainsworth. APPROVAL: Motion to approve hiring (25 youth) MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the summer youth supervisors - Mayor Griego put up the name of Landon James Moya. APPROVAL: Motion to approve hiring MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the position of Administrative Assistant - Mayor Griego put up the name of Nadine Jaramillo. APPROVAL: Motion to approve hiring MOVED: Councilman Ortiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the position of Public Works Technician - Mayor Griego put up the name of Danielson Blea. APPROVAL: Motion to approve hiring MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the position of Solid Waste Laborer - Mayor Griego put up the name of Robert Rael. APPROVAL: Motion to approve hiring MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the Village of Los Lunas Police Officer’s Association Collective Bargaining Agreement APPROVAL: Motion to approve Collective Bargaining Agreement MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the Village Administrator Annual Performance Evaluation Action Plan – Mayor and Council will review next year. 10. TRAVEL: IN-STATE / OUT-OF-STATE. Mayor Griego asked if there were any comments on travel – there were none. Mayor asked for a motion from Council. APPROVAL: Motion to approve all travel MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 11. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of June 9, 2016 – there was none. MOTION: Motion to approve minutes MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 12. ADJOURNMENT. Council meeting adjourned at 7:56 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR  MINUTES VILLAGE OF LOS LUNAS THURSDAY, JUNE 23, 2016 PUBLIC HEARING (Commenced at 6:07 P.M.) 1. ORDINANCE 412 – BOND ORDINANCE. Ms. Monica Clarke presented item one. This pertains to the sale of the GO Obligation Bonds in the amount of $5.7 million dollars. The Village received an “AA-“ rating from Standard & Poors regarding this bond issue. Mr. John Archuleta announced that bids were opened and the highest bidder was RW Baird & Company. They offered a 2.110957 total interest cost for the transaction. After negotiating and restructuring, we were able to lower that down to a 2.08% which means more savings to the Village. This will a better savings to the voters – originally was $1.50 increase, now will be a $1.47 increase. The overall savings is going to be an excess of $800,000.00 for the Village due to the lower interest rate. As financial adviser, Mr. Archuleta advised the Council to take the offer from RW Baird. Ms. Creagan went through the bond ordinance with the Council. These are general obligation bonds payable from the Village’s property taxes (construction of Fire House and equipment). Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to close public hearing and go back in to regular meeting MOVED: Councilman Romero SECONDED: Councilman Ortiz ROLLCALL: vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearing closed at 6:12 P.M. PUBLIC HEARING (Commenced at 6:13 P.M.) 2. ORDINANCE 413 – CONSIDERATION OF AUTHORIZING THE ISSUANCE AND SALE OF INDUSTIRAL REVENUE BONDS FOR THE BENEFIT OF GREATER KUDU LLC (THE “COMPANY”) TO BE ENTITLED VILLAGE OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS (GREATER KUDU LLC PROJECT), SERIES 2016 (THE “BONDS”) IN UP TO SIX SERIES IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE BILLION DOLLARS ($5,000,000,000.00) EACH, PROVIDING THAT THE BONDS WILL BE ISSUED FOR THE PURPOSE OF INDUCING THE COMPANY TO CONSTRUCT AND EQUIP A DATA CENTER CAMPUS AND RELATED FACILITIES WITHIN THE VILLAGE LIMITS. THE ORDINANCE PROVIDES FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON THE BONDS FROM LEASE PAYMENTS TO BE PAID BY THE COMPANY TO THE VILLAGE AND PROVIDES FOR THE EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE AGREEMENT AND A BOND PURCHASE AGREEMENT. Mr. Gregory D. Martin presented item two. The Village has received an IRB from the company – bonds will provide funds necessary to construct and equipment a data center campus and related facilities within the Village limits for use by Greater KUDU LLC. Payment on the bonds will be paid by the company to the Village. Mr. Martin introduced Ms. Jill Sweeny, Bond Attorney. Ms. Sweeny is with the Sherman and Howard Law Firm and special Counsel to the Village in relation to the Great KUDU LLC industrial revenue bond matter. The ordinance that is before you authorizes the sale of industrial revenue bonds for the benefit of Greater KUDU. It calls for up to six series of bonds in the principal amount of $5,000,000,000.00 each for a total term of thirty (30) years. The purpose of the bonds is to construct and equip a data center campus and related facilities within the Village limits. Issuance of the bonds is conditioned on the disclosure of the identity of the parent company. The bonds will be purchased by an affiliate of that company. The Village is not providing financing or lending its credit in any way. The Village is agreeing to forgo certain future tax revenues – for example, the property taxes are very low (in the range of $10.00/yr.). The first phase of this project will bring several highly paid positions as well as construction jobs to the site as well as other related businesses to provide support for the data center. Ms. Sweeny read a letter of support that the Village received from John Barela who is the Cabinet Secretary to the New Mexico Economic Development Department. Mayor Griego asked Council if they had any questions – Councilman Romero asked if she, Ms. Sweeny, knew what the economic impact would be regarding the tax abatement for this company. What Ms. Sweeny could say, is that it would bring 30-50 permanent high paying jobs along with 200-300 construction job that would be ongoing for a five to seven year period for all six phases to be completed. Mayor Griego asked if there was anyone in the audience who would like to speak for or against the project - there were none. Mr. David Buckles from Rodey Law Firm approached the podium – he was present representing Greater KUDU LLC. Regarding the physical impact, while the project does abate gross receipts taxes on personal property, it does not abate gross receipts taxes on construction services. Councilman Romero asked about the time line, how long it would take to make a decision. Mr. Buckles replied they award as quickly as possible. Mayor Griego asked to close the public hearing and Council would go back in to open meeting. MOTION: motion to close public hearing and go back in to regular meeting MOVED: Councilman Ortiz SECONDED: Councilwoman Sanchez-Montoya ROLLCALL: vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilwoman Paulette Sanchez- Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Public hearing closed at 6:24 P.M.