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Village of Los Lunas Council Agendas\Minutes

Regular Meeting

Los Lunas, NM · July 28, 2016

AgendaMinutes

Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, JULY 28, 2016 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, July 28, 2016 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilors Christopher Ortiz, Paulette Sanchez-Montoya, Gerard Saiz, and Councilman Gino Romero. Mayor: Charles Griego Mayor Pro Tem: Paulette Sanchez-Montoya Council: Gerard Saiz Christopher Ortiz Gino Romero Also present were: Gregory D. Martin, Debra Sanchez, Annette Taylor, Ricardo Kayld, Rudy Marquez, Henry Southway, Ralph Martinez, Del Conroy, Tommy Gurule, Thomas Gurule, Diego Luna, Ed Chayveau, Jim Rickey, Jim Marmon, Joe Dixon, Deborah Fox, and Martin 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. MEMORANDUM OF AGREEMENT (MOA) REFUSE REMOVAL – LOS LUNAS SCHOOL DISTRICT. 2. ORDINANCE 411 – AN ORDINANCE ANNEXING PORTIONS OF 33-B, 34-F, AND 34G, MIDDLE RIO GRANDE CONSERVANCY DISTRICT, MAP 72, VALENICA COUNTY, NM, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY. 3. ORDINANCE 276-2016-7 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. 4. ORDINANCE 410 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN LANDS OF HUNING LIMITED LIABILITY LIMITED PARTNERSHIP, SITUATE WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 17, 18, 19, 20, AND 21, TOWNSHIP 7 NORTH, RANGE 1 EAST NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY, AND EXHIBIT B – ANNEXATION MAP. 5. ORDINANCE 276-2016-6 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. 6. ORDINANCE 408 – MODIFYING THE BUILDING HEIGHT LIMITATIONS IN CERTAIN DISTRICTS. 7. REQUESTING LOCAL MATCHING FUNDS TO COMPLETE A FULL FEASIBILITY STUDY FOR A BUSINESS INCUBATOR PROJECT IN VALENCIA COUNTY. 8. MEMORANDUM OF AGREEMENT (MOU) TRANSFERRING FUNDING RECEIVED PURSUANT TO THE COUNTYWIDE EMERGENCY COMMUNICATIONS AND EMERGENCY MEDICAL AND BEHAVIORAL HEALTH SERVICES TAX BETWEEN COUNTY OF VALENCIA, VILLAGE OF LOS LUNAS, CITY OF BELEN, TOWN OF PERALTA, VILLAGE OF BOSQUE FARMS, AND CITY OF RIO COMMUNITIES. 9. RESOLUTION 16-15 – REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT. 10. RESOLUTION 16-17 – A RESOLUTION ADOPTING THE 2016/2017 FISCAL YEAR REVENUE AND EXPENDITURE BUDGET FOR THE VILLAGE OF LOS LUNAS. 11. RESOLUTION 16-18 – YEAR-END BUDGET ADJUSTMENTS. 12. RESOLUTION 16-19 – FY 2015/2016 4TH AUARTER FINANCIAL REPORT FOR PERIOD ENDING JUNE 30, 2016. 13. FIXED ASSET DISPOSAL. 14. REQUEST PERMISSION TO ENTER IN TO CONTRACT – RECREATION DEPARTMENT. 15. EXECUTIVE SESSION: a) Hire two (2) Full Time Park Technicians – Parks Division / Public Works Department. b) Hire Assistant Streets Supervisor – Street Department / Public Works Department. c) Hire Water/Sewer Superintendent – Water/Sewer Division / Public Works Department. d) Purchase of property within NM 314 and Main Street. 16. TRAVEL: IN-STATE / OUT-OF-STATE. 17. APPROVAL OF MINUTES: a) Minutes of July 14, 2016. 18. 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. Del Conroy to lead the Mayor, Council and audience in the Pledge of Allegiance.  APPROVAL OF AGENDA. Mayor Griego announced that items 2 and 3 would be postponed until the next meeting. Mayor Griego asked for a motion to approve agenda with amendments. APPROVAL: Motion to approve agenda with amendments MOVED: Councilman Saiz SECONDED: Councilman Romero 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.  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. Mr. Ralph Mims approached the podium – he commented on the attendance for the grand opening of Planet Fitness, it was well attended. Councilman Gerard Saiz also wanted to share a comment that he received from Peter Fernandez from some company they had visiting from Germany – they were impressed and complimented the community. 1. MEMORANDUM OF AGREEMENT (MOA) REFUSE REMOVAL – LOS LUNAS SCHOOL DISTRICT. Mr. Gregory D. Martin presented item one. Over the last few years the Los Lunas School District has entered into a memorandum of agreement for refuse removal to the school sites that are listed in the agreement. The MOA runs for period of one year. Councilman Romero asked if there is any recycling being done at the schools. Village employee confirmed that there was recycling being done. Mayor Griego asked if there were any more questions from Council – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve MOA with the Los Lunas School District MOVED: Councilman Ortiz SECONDED: Councilman Romero 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. 2. ORDINANCE 411 – AN ORDINANCE ANNEXING PORTIONS OF 33-B, 34-F, AND 34-G, MIDDLE RIO GRANDE CONSERVANCY DISTRICT, MAP 72, VALENCIA COUNTY, NM, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY. POSTPONED UNTIL NEXT COUNCIL MEETING. 3. ORDINANCE 276-2016-7 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. POSTPONED UNTIL NEXT COUNCIL MEETING. 4. ORDINANCE 410 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN LANDS OF HUNING LIMITED LIABILITY LIMITED PARTNERSHIP, SITUATE WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 17, 18, 19, 20, AND 21, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY, AND EXHIBIT B – ANNEXATION MAP. Ms. Christina Ainsworth presented item four. She also asked that items four and five be heard together. Mayor Griego asked for a motion to recess as regular meeting and go in to a public hearing. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz 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. Mayor Griego asked for a motion from Council APPROVAL: Motion to approve ordinance 410 and adopt findings of Planning & Zoning MOVED: Councilman Saiz SECONDED: Councilman Romero 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. 5. ORDINANCE 276-2016-6 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. Item five was combined with item four. 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 ordinance 276-2016-6 and adopt the findings of Planning & Zoning MOVED: Councilman Romero 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. 6. ORDINANCE 408 – MODIFYING THE BUILDING HEIGHT LIMITATIONS IN CERTAIN DISTRICTS. Item was tabled at the meeting of June 9, 2016. Mayor Griego asked for a motion to remove from tabled status. APPROVAL: Motion to remove from tabled status MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Romero 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. Mayor Griego asked for a motion to recess as regular meeting and go in to a public hearing. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz 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. Mayor Griego asked for a recommendation from Council regarding ordinance 408. APPROVAL: Motion to approve ordinance 408 MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz 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. 7. REQUESTING LOCAL MATCHING FUNDS TO COMPLETE A FULL FEASIBILITY STUDY FOR A BUSINESS INCUBATOR PROJECT IN VALENCIA COUNTY. Mr. Ralph Mims presented item seven. Several rural communities have been identified that may accommodate a business incubator through legislator assistance to provide entrepreneurial development in rural areas. The Village of Los Lunas has held two meetings with community leaders in Valencia County to get buy-in or the project. The request is for up to $6,000.00 to provide local match to complete a full study for a business incubator project in Valencia County. This incubator keeps entrepreneurs in the community – helps with start-ups and provides support. A feasibility study needs to be conducted to see what type of incubator would work in Valencia County. Councilman Romero asked about whom else from the county was involved. Mr. Martin replied, this project will cost $30,000.00 for a full feasibility study (grants are available through the state) – as a local community, can we come up with the 20% match of the $30,000.00. We have held meetings with the other communities to see if they would be able to help come up with that match. Rio Communities was the only community that did commit up to $1,650.00 from their funds towards that match. Mr. Russell Combs from IODA was introduced and spoke on the process of a full feasibility study. Councilman Ortiz mentioned that he remembered the presentation at a VALEO meeting and that he got the feeling that no one was interested and that Los Lunas was the only one on board. He also stated his concern that the Village is putting up all the money for the study (there is no interest from the other communities). Mr. Combs replied that if there wasn’t any buy-in by the other communities for the feasibility study, then they would have to have a Plan B or stop. Councilman Saiz likes the idea of the study but he feels the same way as Councilman Ortiz. Councilwoman Sanchez- Montoya concurred. Councilman Saiz asked how many communities are needed to make this successful. Mr. Combs replied the study would give that information. 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 MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3(Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez- Montoya – yes; Councilman Saiz – yes) FOR AND 1 AGAINST. 8. MEMORANDUM OF AGREEMENT (MOA) TRANSFERRING FUNDING RECEIVED PURSUANT TO THE COUNTYWIDE EMERGENCY COMMUNICATIONS AND EMERGENCY MEDICAL AND BREHAVIORAL HEALTH SERVICES TAX BETWEEN COUNTY OF VALENCIA, VILLAGE OF LOS LUNAS, CITY OF BELEN, TOWN OF PERALTA, VILLAGE OF BOSQUE FARMS, AND CITY OF RIO COMMUNITIES. Mr. Gregory D. Martin presented item eight. This is a revision of an existing MOA with the agencies within Valencia County. This MOA deals with the tax on emergency communications/EMS GRT that is collected by the county – 60% gets allocated to the E911/Dispatch and the rest, 40%, gets redistributed to the rest of the EMS services in the county. Populations figures have been updated and the addition of Rio Communities. Councilman Saiz asked if this was just for the service or for the construction of the new building. Mr. Martin replied that this has nothing to do with the construction of the new building. These funds are for capital expenses. 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 MOA MOVED: Councilman Romero SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 9. RESOLUTION 16-15 – REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT. Ms. Monica Clarke presented item nine. This resolution authorizes the Village of Los Lunas to adopt regulations relating to the per diem and mileage act. The last time this resolution was updated was in 2006. Travel advance will change from 100% to 80%. The mileage rate will change from the current 55 cents per mile and will be changed to 80% per the IRS. 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 resolution 16-15 MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 10. RESOLUTION 16-17 – A RESOLUTION ADOPTING THE 2016/2017 FISCAL YEAR REVENUE AND EXPENDITURE BUDGET FOR THE VILLAGE OF LOS LUNAS. Mr. Gregory D. Martin presented item ten. Council has received in their packets the 2016/2017 fiscal year revenue and expenditure budget material for review. Mr. Martin included a key memo that covers changes in the budget that has taken place after the approval of the interim budget that was presented in May, 2016. The memo also states key changes in line items that have taken place since the interim budget. Cash balances have been updated in each of the funds. Mr. Martin stated that he needed to make Council of aware of other changes that just came up (passed out information to Council). The GRT increase was included, changes to the general fund, changes to the infrastructure fund, and a small increase in the solid waste fund. A table was included to show increases to several grants; revisions to the VRECC budget; fund the old Country Inn purchase/capital purchase; air conditioning units; utility office will be remodeled; Well 6/fence project, and; added money for a rear loader for the Solid Waste. Mr. Martin would like the Council to approve the resolution to include the GRT and the capital outlay. Mayor Griego would like to look at capital outlay and personnel requests at mid-year budget. 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 resolution 16-17 to include the additional GRT and outlay MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 11. RESOLUTION 16-18 – YEAR-END ADJUSTMENTS. Ms. Monica Clarke presented item eleven. This resolution deals with year-end budget adjustments. There a few revenue funds that needed adjustments. 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 resolution 16-18 MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 12. RESOLUTION 16-19 – FY 2015/2016 4TH QUARTER FINANCIAL REPORT FOR PERIOD ENDING JUNE 30, 2016. Ms. Monica Clarke presented item twelve. DFA requires approval of the 4 th quarter financial report for FY 2015/2016 from the governing body of the Village of Los Lunas. This financial report summarizes all revenue and expenditures, budget adjustment requests and investments. 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 resolution 16-19 MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 13. FIXED ASSET DISPOSAL. Ms. Monica Clarke presented item thirteen. The assets to be disposed of are worn-out, unusable or obsolete to the extent that each item is no longer economical or safe. Items consist of old office furniture and other items from departments. 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 MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 14. REQUEST PERMISSION TO ENTER IN TO CONTRACT – RECREATION DEPARTMENT. Mr. Jason Duran presented item fourteen. Mr. Duran is seeking approval to renew the Zumba instructor contract. 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 MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Romero – yes; Councilman Ortiz – no; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 15. 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 2 full-time Park Technicians; the hiring of a Assistant Street Supervisor; the hiring of a Water/Sewer Superintendent; and the purchase of property within NM 314 and Main Street. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Ortiz SECONDED: Councilman Romero 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. Adjourned at 8:27 p.m. At 9:20 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing the hiring of 2 full- time Park Technicians; the hiring of an Assistant Street Supervisor; the hiring of a Water/Sewer Superintendent; and the purchase of property within NM 314 and Main Street. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Romero 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. Regarding the hiring of two Park Technicians – upon recommendation, Mayor Griego put up the name of Mr. Thomas Gurule. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz 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. The second Park Technician, Mayor Griego put up the name of Mr. Brandon Hughes. APPROVAL: Motion to approve MOVED: Councilman Romero 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. Regarding the Assistant Street Supervisor - Mayor Griego put up the name of Mr. Raymond Marquez. APPROVAL: Motion to approve hiring MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya 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. Regarding the position of Water Superintendent - Mayor Griego put up the name of Mr. Ray Vigil. APPROVAL: Motion to approve hiring MOVED: Councilman Ortiz SECONDED: Councilman Romero 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. Regarding the purchase of property within NM 314 and Main Street – Mayor Griego said there was no decision. 16. 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: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz 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. 17. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of July 14, 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. 18. ADJOURNMENT. Council meeting adjourned at 9:23 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR MINUTES VILLAGE OF LOS LUNAS THURSDAY, JULY 28, 2016 PUBLIC HEARING (Commenced at 6:12 P.M.) 4. ORDINANCE 410 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN LANDS OF HUNING LIMITED LIABILITY LIMITED PARTNERSHIP, SITUATE WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 17, 18, 19, 20, AND 21, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY, AND EXHIBIT B – ANNEXATION MAP. Ms. Christina Ainsworth presented items four and five. These two items, four and five, are a request for annexation and zoning designation for property adjacent to the western most boundary of the village north of NM 6. The property is lands of Huning Limited Partnership – sections 17, 18, 19, 20, and 21, township 7 north, range 1 east, New Mexico principal meridian in Valencia County, New Mexico. It’s a large piece of land that is being requested to be annexed into the Village of Los Lunas and to be zoned SU for the development of a rail park. There are some residential properties in the vicinity and there is also a quarry nearby. There were a few people who spoke in opposition at a recent Planning & Zoning meeting. The Planning & Zoning did recommend approval of both the annexation and the zoning designation SU. Mayor Griego asked with the findings were. Ms. Ainsworth replied, it is in conformance with our comprehensive plan and is compatible with the adjacent surroundings and is an appropriate zoning designation. Mayor Griego asked if there was anyone who wanted to speak in favor of the annexation. The following individuals spoke in favor of proposed annex: Mr. Rudy Marquez, Mr. Del Conroy, and Mr. Mike Mechenbier. The following individuals spoke against the proposed annex: Ms. Annette Kaylor, Mr. Ed Schbow, Mr. Tim Schmidle, Mr. Bill Bixby, and Mr. Joe Dixon. Mayor Griego asked if there was anyone else who wanted to speak for or against the proposed annexation. Mr. Cummins approached the podium – he is the agent for Mr. Mechenbier. They are not an out-of- state developer. They are committed to Los Lunas, committed to the people and committed to doing it right. They are all local investors. This is not a railyard like Albuquerque and in Belen; this will be an industrial park with rail service. It is not an intermodal facility, this rail serve industrial park. Burlington Northern likes this large piece of property – it will have a mixture of uses and using SU zoning allows them to buffer the road with commercial type uses and then go into manufacturing and heavier industrial use going in at the northern end of the property. As developers, we don’t know who the first users are going to be but we want to be able to create some buffers and heavier uses are going to be towards the back with lighter uses towards the front. 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 Saiz SECONDED: Councilwoman Sanchez-Montoya ROLLCALL: vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearing closed at 7:26 P.M. PUBLIC HEARING (Commenced at 7:30 P.M.) 6. ORDINANCE 408 – MODIFYING THE BUILDING HEIGHT LIMITATIONS IN CERTAIN DISTRICTS. Ms. Christina Ainsworth presented item six. The current ordinance allows a height limit of 35 feet in most districts with the exception of the TOD MU and M1. We are asking to revise the height limit to 45 feet in C1 and C2 to allow for hotel uses. Mayor Griego asked Council if they had any questions – there was none. Mayor Griego asked if there was anyone who wanted to speak for or against the zoning change. Mr. Ambrose Chavez approached the podium – his question was concerning the height of the project. Ms. Ainsworth replied, if there’s an approved development plan that is attached to the SU zoning than the height limitation would be dictated by that – it would still be reviewed before it’s brought to the Council. Mayor Griego asked if there was anyone else who wanted to speak for or against the proposed ordinance – there was none. 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 Romero – yes; Councilman Ortiz – yes; Councilwoman Paulette Sanchez- Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Public hearing closed at 7:34 P.M.

Agenda

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, JULY 28, 2016 – 6:00 PM COUNCIL CHAMBERS - 660 MAIN STREET LOS LUNAS, NM 87031 PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING MEETING – THANK YOU  CALL MEETING TO ORDER.  PLEDGE OF ALLEGIANCE.  APPROVAL OF AGENDA.  PUBLIC INPUT FORUM. The Village of Los Lunas Council is pleased to have residents of the community take time to attend Village Council Meetings. Attendance and participation is encouraged. Individuals wishing to be heard during Public Hearing proceedings are encouraged to be prepared and will be limited to three (3) minutes in order to allow everyone the opportunity to be heard. PUBLIC COMMENTS ARE EXPECTED TO BE CONSTRUCTIVE AND DEVOID OF CHARACTER ASSASSINATION. Questions raised on non-agenda items may be answered at a later date by letter in order to facilitate proper research. Written comments are welcome and should be given to the Village Administrator prior to the start of the meeting. Written materials will not be accepted during regular agenda items in the interest of time. GREGORY D. MARTIN 1. MEMORANDUM OF AGREEMENT (MOA) REFUSE REMOVAL – LOS LUNAS SCHOOL DISTRICT. TAB 1. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Los Lunas School District would like to continue with the 2016-17 MOA for “Refuse Removal at the Los Lunas School Sites.” The purpose of this agreement is to provide refuse removal to the school sites listed within the MOA for a period of one (1) year. Due to no changes within the refuse services being requested the Public Works Department has submitted a no increase to the new MOA between the Village of Los Lunas and Los School District. CHRISTINA AINSWORTH 2. ORDINANCE 411 – AN ORDINANCE ANNEXING PORTIONS OF 33-B, 34-F, AND 34-G, MIDDLE RIO GRANDE CONSERVANCY DISTRICT, MAP 72, VALENCIA COUNTY, NM, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY. TAB 2. ACTION REQUESTED OF COUNCIL: PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: James Jaramillo, partner with Red Cap Properties, LLC, has submitted a Petition for Annexation of Territory, requesting the Village Council of the Village of Los Lunas to annex certain territory, referenced above in the ordinance title. CHRISTINA AINSWORTH 3. ORDINANCE 276-2016-7 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. TAB 3. ACTION REQUESTED OF COUNCIL: PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: Red Cap Properties, LLC has applied for a zone designation of R-2 for the property located in Portions of 33-B, 34-F and 33-G, Middle Rio Grande Conservancy District, Map 72, Valencia County, NM and further described in Exhibit A – ALTA/ACSM Land Title Survey, for the purposes of allowing an existing apartment complex. CHRISTINA AINSWORTH 4. ORDINANCE 410 – AN ORDINANCE ANNEXING A CERTAIN PARCEL OF LAND, IN LANDS OF HUNING LIMITED LIABILITY LIMITED PARTNERSHIP, SITUATE WITHIN THE SAN CLEMENTE GRANT IN PROJECTED SECTIONS 17, 18, 19, 20, AND 21, TOWNSHIP 7 NORTH, RANGE 1 EAST, NEW MEXICO PRINCIPAL MERIDIAN, VALENCIA COUNTY, NEW MEXICO, AND FURTHER DESCRIBED IN EXHIBIT A – ALTA/ASCM LAND TITLE SURVEY, AND EXHIBIT B – ANNEXATION MAP. TAB 4. ACTION REQUESTED OF COUNCIL: PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: Michael Mechenbier, managing member of Roy D. Mercer, LLC, has submitted a Petition for Annexation of Territory, requesting the Village Council of the Village of Los Lunas to annex certain territory, referenced above in the ordinance title. CHRISTINA AINSWORTH 5. ORDINANCE 276-2016-6 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. TAB 5. ACTION REQUESTED OF COUNCIL: PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: Central New Mexico Rail Park, LLC, acting as agent for Roy D. Mercer, LLC, has applied for a zone designation of S-U for industrial uses, as described by Exhibit B – Central New Mexico Rail Park Development Plan, for the property located in Lands of Huning Limited Liability Limited Partnership, situate within the San Clemente Grant in Projected Sections 17, 18, 19, 20, and 21, Township 7 North, Range 1 East, New Mexico Principal Meridian, Valencia County, New Mexico, and further described by Exhibit A – ALTA/ACSM Land Title Survey. CHRISTINA AINSWORTH 6. ORDINANCE 408 – MODIFYING THE BUILDING HEIGHT LIMITATIONS IN CERTAIN DISTRICTS. TAB 6. ACTION REQUESTED OF COUNCIL: REMOVE FROM TABLED STATUS (June 9, 2016). PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: The building height is limited to 35 feet maximum in commercial districts. Staff recommends an increase in certain districts in order to permit economic development opportunities. RALPH MIMS 7. REQUESTING LOCAL MATCHING FUNDS TO COMPLETE A FULL FEASIBIILTY STUDY FOR A BUSINESS INCUBATOR PROJECT IN VALENCIA COUNTY. TAB 7. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The State of New Mexico Economic Development Department has identified several rural communities in New Mexico that may accommodate a Business Incubator through legislator assistance to provide entrepreneurial development in rural areas. A Pre-Feasibility Study was conducted by the WESST Business Enterprise that determined for a successful project, there should be a regional or county-wide incubator to be a driver for entrepreneurial activity and development. The Village of Los Lunas initiated two meetings with community leaders in Valencia County to get buy-in on the Project. This request is for up to $6,000 to provide local match to complete a full feasibility study for a Business Incubator project in Valencia County. GREGORY D. MARTIN 8. MEMORANDUM OF AGREEMENT (MOA) TRANSFERRING FUNDING RECEIVED PURSUANT TO THE COUNTYWIDE EMERGENCY COMMUNICATIONS AND EMERGENCY MEDICAL AND BEHAVIORAL HEALTH SERVICES TAX BETWEEN COUNTY OF VALENCIA, VILLAGE OF LOS LUNAS, CITY OF BELEN, TOWN OF PERALTA, VILLAGE OF BOSQUE FARMS, AND CITY OF RIO COMMUNITIES. TAB 8. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: As stated within the recitals, this Memorandum of Agreement (MOA) deals with the imposition of the countywide emergency communications and emergency medical and behavioral health services gross receipts tax (EMS GRT) in 2007, and the distribution of forty percent (40%) of the revenue from the tax to the County and each of the Parties (i.e. Village of Los Lunas, Belen, Bosque Farms, Peralta and Rio Communities) based upon the proportionate population of the Parties. The original MOA was heard and approved by the Valencia County Board of County Commissioners on May 20, 2009, although no documentation was recorded. Since no documentation was recorded, and since population estimates have changed, and since the City of Rio Communities has recently become eligible to participate in the program, the MOA needed to be revised and re- approved by the County and all the Parties. MONICA CLARKE 9. RESOLUTION 16-15 – REGULATIONS GOVERNING THE PER DIEM AND MILEAGE ACT. TAB 9. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The State Per Diem and Mileage Act authorizes the Village to adopt, by resolution, regulations relating to the Per Diem and Mileage act. This resolution will replace prior resolutions pertaining to the per diem and mileage act and will ensure that the Village is in compliance with state statutes. GREGORY D. MARTIN 10. RESOLUTION 16-17 – A RESOLUTION ADOPTING THE 2016/2017 FISCAL YEAR REVENUE AND EXPENDITURE BUDGET FOR THE VILLAGE OF LOS LUNAS. TAB 10. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The presentation of the final budget accompanies this resolution. The final budget was developed through the cooperation of all user departments, elected officials, and Village budget staff. The final budget has been developed in accordance with all state statutes and guidelines developed and administered by the State of New Mexico Department of Finance and Administration (DFA). State law requires that budgets approved by DFA be made part of the minutes of the governing body. The final budget is presented before the Council for their approval, and will be submitted to DFA by the deadline of August 1, 2016. MONICA CLARKE 11. RESOLUTION 16-18 – YEAR-END BUDGET ADJUSTMENTS. TAB 11. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: A year-end budget review of expenditure and revenue accounts for FY 2015/2016 requires department budget increases due to additional revenues, expenses and charges. MONICA CLARKE 12. RESOLUTION 16-19 – FY 2015/2016 4TH QUARTER FINANCIAL REPORT FOR PERIOD ENDING JUNE 30, 2016. TAB 12. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: DFA requires approval of the 4th Quarter Financial Report for FY 2015/2016, from the governing body of the Village. The 4th quarter financial summarizes all revenue and expenditures, budget adjustment requests and investments for FY 2015/2016. MONICA CLARKE 13. FIXED ASSET DISPOSAL. TAB 13. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Pursuant to Section 13-6-1 NMSA 1978 Disposition of obsolete, worn-out or unusable tangible personal property, the disposal of fixed assets must be approved by the governing authority. The assets to be disposed of are worn-out, unusable or obsolete to the extent that each item is no longer economical or safe for continued use by the Village of Los Lunas. The current resale value of each of these items is below $5,000.00. The items listed on the “Disposal Listing of Fixed Assets” are not used, broken or have been deemed a total loss in the insurance claim process. JASON DURAN 14. REQUEST PERMISSION TO ENTER IN TO CONTRACT – RECREATION DEPARTMENT. TAB 14. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Update contract individual for the Recreation Division to continue with aerobics programs currently scheduled at Daniel Fernandez Recreation Center. 15. EXECUTIVE SESSION – pursuant to NMSA 1978 Section 10-15-1(H), the following matters will be discussed in closed session: TAB 15. a) Hire Two (2) Full-time Park Technicians – Parks Division / Community Services Department. b) Hire Assistant Streets Supervisor – Street Division / Public Works Department. c) Hire Water/Sewer Superintendent – Water/Sewer Division / Public Works Department. d) Purchase of property within NM 314 and Main Street. 16. TRAVEL: IN-STATE / OUT-OF-STATE. TAB 16. a) Village employee requesting retroactive permission to travel in-state to Hobbs, NM to attend a Firearms Instructor Course (July 17-22, 2016 and July 24-29, 2016). Estimated cost: $940.00.00 which does not include the cost of fuel. b) Village employees are requesting permission to travel in-state to Ruidoso, NM to attend the New Mexico Sheriffs’ Association Training Conference (August 15-19, 2016). Estimated cost: $2,290.00. c) Village employee is requesting permission to travel in-state to Hobbs, NM to attend the NMML Annual Conference (August 30 – Sept. 2, 2016). Estimated cost: $948.00. d) Village employee is requesting permission to travel in-state to Hobbs, NM to attend the NMML Annual Conference (August 30 – Sept. 2, 2016). Estimated cost: $670.00. e) Village employee is requesting permission to travel in-state to Farmington, NM to attend a course in Stopping DWI Defenses (Sept. 11-12, 2016). All expenses will be paid by the Drug Recognition Expert program. This request is taking the place of the employee’s previous request approved on June 23, 2016 due to a change in dates for the training. f) A Councilman is requesting permission to travel in-state to Santa Fe, NM to attend the Municipal Officials Leadership Institute (Sept. 13-16, 2016). Estimated cost: $919.00. g) Village employee is requesting permission to travel out-of-state Las Vegas, NV to attend the Caselle Annual Conference (October 11-13, 2016). Estimated cost: $1,174.00. h) Village employee is requesting permission to travel out-of-state San Diego, CA to attend the IACP Conference (October 14-19, 2016). Estimated cost: $1,651.00. i) Village employee is requesting permission to travel out-of-state to San Antonio, TX to attend the TAPEIT Evidence Conference and Certification (October 24-28, 2016). Estimated cost: $1,515.00. 17. APPROVAL OF MINUTES TAB 17. a) Minutes of July 14, 2016 Council Meeting. 18. ADJOURNMENT. Anyone requiring special accommodations please notify the Village of Los Lunas five (5) days prior to council meeting. Contact the Deputy Clerk at 839-3840.

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