Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, AUGUST 25, 2016 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, August 25, 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, Bob Anderson, Victor Williams, Carole Christiano, Jim Rickey, James Taylor, Iva W., Ginny Duvall, Lou Duvall, Lynn Blaylock, Pauline A.-Stewart, Deborah Fox, and James Jaramillo. 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 416 – APPROVING A PROJECT INVOLVING GREATER KUDU LLC (THE “COMPANY”) PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT AND THE VILLAGE OF LOS LUNAS MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 AND A LOCAL ECONOMIC DEVELOPMENT ACT PLAN TO SUPPORT THE OPERATION OF A DATA CENTER CAMPUS, RELATED FACILITES AND OTHER PERMITTED SIMILAR PROJECTS; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN GREATER KUDU LLC AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONSAND FINDINGS RELATING TO THE PROJECT; AMENDING CHAPTER 2.46.80 OF THE VILLAGE OF LOS LUNAS MUNICIPAL CODE. 2. CONSIDERATION OF A DEVELOPMENT AGREEMENT (“AGREEMENT”) BETWEEN THE VILLAGE OF LOS LUNAS AND GREATER KUDU, LLC (“COMPANY”) REGARDING THE DEVELOPMENT AND OPERATION OF A DATA CENTER. 3. CONSIDERATION OF A WATER/WASTEWATER AGREEMENT (“AGREEMENT”) FOR THE PROVISION OF WATER/WASTEWATER SERVICES TO GREATER KUDU, LLC (“COMPANY”) FOR THE OPERATION OF A DATA CENTER. 4. RESOLUTION 16-22 – NEW MEXICO FINANCE AUTHORITY PPRF LOAN (VRECC BUILDING PROJECT). 5. CDBG PROJECT – LOS LUNAS/SODA PARTNERS IN PROGRESS PLAN. 6. RESOLUTION 16-21 – A RESOLUTION OF THE COUNCIL OF THE VILLAGE OF LOS LUNAS, NEW MEXICO, AUTHORIZING THE SUBMISSION OF A NEW MEXICO COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM APPLICATION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION/LOCAL GOVERNMENT DIVISION; AND AUTHORIZING THE MAYOR TO ACT AS THE VILLAGE’S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE VILLAGE’S PARTICIPATION IN THE COMMUITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM. 7. ORDINANCE 414 – AN ORDINANCE AMENDING ORDINANCE #276-2016-4 IN ORDER TO CORRECT THE ZONING DESIGNATION THAT WAS APPROVE BY THE VILLAGE COUNCIL ON THE 14 TH OF JULY, 2016. 8. ORDINANCE 415 – AN ORDINANCE AMENDING ORDINANCE #276-2016-5 IN ORDER TO CORRECT THE ZONING DESIGNATION THAT WAS APPROVED BY THE VILLAGE COUNCIL ON THE 14 TH OF JULY, 2016. 9. 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/ACSM LAND TITLE SURVEY. 10. ORDINANCE 276-2016-7 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. 11. REAPPOINTMENT OF PLANNING AND ZONING COMMISSIONER – DISTRICT 1. 12. EXECUTIVE SESSION: a) Hire four Seasonal Temporary/PT Recreation Aides – Recreation Division/Community Services. b) Hire Human Resources Manager – Administration Department.  13. TRAVEL: IN-STATE / OUT-OF-STATE. 14. APPROVAL OF MINUTES: a) Minutes of August 11, 2016. 15. 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 Victor Williams to lead the Mayor, Council and audience in the Pledge of Allegiance.  APPROVAL OF AGENDA. Mayor Griego announced that there was a correction – the Library Proclamation was approved at the last council meeting. Mayor Griego asked for a motion to approve agenda. APPROVAL: Motion to approve agenda with correction 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.  PUBLIC INPUT FORUM. None. 1. ORDINANCE 416 – APPROVING A PROJECT INVOLVING GREATER KUDU LLC (THE “COMPANY”) PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT AND THE VILLAGE OF LOS LUNAS MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 AND A LOCAL ECONOMIC DEVELOPMENT ACT PLAN TO SUPPORT THE OPERATION OF A DATA CENTER CAMPUS, RELATED FACILITES AND OTHER PERMITTED SIMILAR PROJECTS; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN GREATER KUDU LLC AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONSAND FINDINGS RELATING TO THE PROJECT; AMENDING CHAPTER 2.46.80 OF THE VILLAGE OF LOS LUNAS MUNICIPAL CODE. Motion to adjourn as council and move in to a public hearing. 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. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve ordinance 416 MOVED: Councilman Romero 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. 2. CONSIDERATION OF A DEVELOPMENT AGREEMENT (“AGREEMENT”) BETWEEN THE VILLAGE AND GREATER DUDU, LLC (“COMPANY”) REGARDING THE DEVELOPMENT AND OPERATIONOF A DATA CENTER. Mr. Larry Guggino presented item two. In preparation for the proposed development of the data center, the Company and the Village will enter into numerous agreements. Those agreements consist of a Project Participation Agreement, a Local Economic Development Agreement, Industrial Revenue Bond documents, and waiver of certain fees, Water/Wastewater Agreement and the rates charged for the provision of services. It also provides for an allocation of water rights to them pursuant to our ordinance 16.40 – we will provide 3 acre feet of consumptive use of water for one acre of developed property. The size of this property is approximately 303 acres, but based upon our understanding of the size of these buildings, it has been determined that they will develop 163 acres of this property. They will have to obtain building permits which will have to be approved by Village staff. This proposed Development Agreement details the obligations of both the Village and the Company, specifying the standards and conditions that will govern the development of the data center property. It provides for the provision of services by the Village, the applicable ordinances that apply to the development of the property by the Company, a time period for the Village to act upon requests for approval made by the Company, the manner in which the Village’s water and sewer systems will be improved as the project develops and who is responsible for the costs of those improvements. Councilman Saiz had a question for Mr. Kevin Eades, Molzen-Corbin, his question was he knows that the Village is guaranteeing a specific amount of water through each phase, but in phase I we not needing to increase. With the guarantee that the Village is making, with the assumption that we have enough capacity and say the well goes down for some reason, would we have enough to meet that guarantee. Mr. Eades replied, worst case scenario, if a well was down keeping in mind that we have 6.5 million gallons in storage, yes, the Village could meet that guarantee. Councilman Romero asked if phase II gets awarded is there advance notice that has to be given. Mr. Guggino replied they would give us 30 days advance notice prior to construction. Mayor Griego asked if there were any other questions. Mr. Victor Williams approached the podium, he wanted to ask about the water and the wastewater treatment plant – there’s enough for a population of 20,000 people that can be handled until the year 2020, it doesn’t agree with the numbers that were just presented. Mayor thanked Mr. Williams for his input. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve Development Agreement MOVED: Councilman Saiz 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. 3. CONSIDERATION OF A WATER/WSTEWATER AGREEMENT (“AGREEMENT”) FOR THE PROVISION OF WATER/WASTEWATER SERVICES TO GREATER KUDU, LLC (“COMPANY”) FOR THE OPERATION OF A DATA CENTER. Mr. Larry Guggino presented item three. There are a couple of matters of great importance; the first is the guarantees of providing certain amounts of water per day – phase I will consist of two buildings. So for phase I, we are guaranteeing them one million five hundred thousand gallons of water per day; for phase II, three million gallons per day; and for phase III, four million five hundred thousand gallons per day. The needs for this amount of water is only for those critical times of the day when it’s extremely hot or humid (beginning of June to the middle of September). The rest of the time the water usage is considerably less (Fall, Winter and Spring time). Based on what Lee Wilson and Associates has informed us on the water rights, that does not begin to impair the our permit given our current rate of production, our current rate of growth, and the fact that it is sustainable. It’s the same thing with the sewer treatment plant, there is sufficient capacity to support phase one, but when a phase II start, this agreement provides that they pay and help us build an industrial wastewater treatment plant. This agreement also provides that common parts would be accessible if something breaks (pipe, links, etc.). They will not pay impact fees to the Village. Mayor Griego asked Council if they had any questions. Councilman Ortiz inquired about the four and half million gallons. Mr. Guggino replied; that this would be the worst case scenario have six buildings and the hottest day. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve Water/Wastewater Agreement MOVED: Councilman Romero 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. 4. RESOLUTION 16-22 – NEW MEXICO FINANCE AUTHORITY PPRF LOAN (VRECC BUILDING PROJECT). Ms. Monica Clarke presented item four. The Village of Los Lunas as the fiscal agent for VRECC would like to apply for NMFA PPRF loan funds on behalf of VRECC to construct a new Dispatch Center and new E911 equipment. The cost of construction is $3.2 million (that is on the high end). We’re looking about $190,000.00/year in debt service. Legal opinion is that the Council approve contingent upon the JPA being approved by all agencies and the lease agreement being approved by all agencies. Councilman Saiz commented that the Village is taking on the burden of the construction on us even though it’s a County wide service. Ms. Clarke replied, yes. Ms. Shirley Walker wanted to thank the Council for taking on this burden. This is a County wide shared service. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve resolution 16-22 contingent upon the execution of the JPA being approved. 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. CDBG PROJECT – LOS LUNAS/SODA PARTNERS IN PROGRESS PLAN. Ms. Christina Ainsworth asked that items five and six be presented together since they are both related. This grant is to support the construction cost at the old mobile home site. The grant is for $500,000.00 to go towards the construction that is currently going on right now at the site. The grant is one to one match, but the Village of Los Lunas is putting more than the match as well as SODA. A small consultant is managing the grant reporting – staff is very busy at this time. Funds to pay the consultant are coming out of the grant. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya 6. RESOLUTION 16-21 – A RESOLUTION OF THE COUNCIL OF THE VILLAGE OF LOS LUNAS, NEW MEXICO, AUTHORIZING THE SUBMISSION OF A NEW MEXICO COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM APPLICATION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION/LOCAL GOVERNMENT DIVISION; AND AUTHORIZING THE MAYOR TO ACT AS THE VILLAGE’S CHIEF EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE VILLAGE’S PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT ECONOMIC DEVELOPMENT PROGRAM. Mayor Griego asked for a motion from council APPROVAL: Motion to approve resolution 16-21 MOVED: Councilman Romero 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. 7. ORDINANCE 414 – AN ORDINANCE AMENDING ORDINANCE #276-2016-4 IN ORDER TO CORRECT THE ZONING DESIGNATION THAT WAS APPROVED BY VILLAGE COUNCIL ON THE 14 TH OF JULY, 2016. Mayor Griego asked that Ordinance 414 and 415, items 7 and 8, be heard together in a public hearing – text errors/corrections. Mayor Griego asked to recess and open into a public hearing. APPROVAL: Motion to approve MOVED: Councilman Ortiz 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 414 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. 8. ORDINANCE 415 – AN ORDINANCE AMENDING ORDINANCE #276-2016-5 IN ORDER TO CORRECT THE ZONING DESIGNATION THAT WAS APRPOVED BY VILLAGE COUNCIL ON THE 14 TH OF JULY, 2016. Mayor Griego asked to recess and open into a public hearing. APPROVAL: Motion to approve MOVED: Councilman Ortiz 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 415 MOVED: Councilman Saiz 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. 9. 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/SCSM LAND TITLE SURVEY. (Ordinances 411 and 276-2016-7, items 9 and 10, will be presented together per the request of Ms. Christina Ainsworth). Mayor Griego asked for a motion to remove from tabled status (8/11/16). APPROVAL: Motion to approve MOVED: Councilman Romero 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 to recess and open into a public hearing. APPROVAL: Motion to approve MOVED: Councilman Ortiz 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 411 and adopt findings of Planning & Zoning Commission. 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. 10. ORDINANCE 276-2016-7 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OF LAND. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve ordinance 276-2016-7. 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. 11. REAPPOINTMENT OFPLANNING AND ZONING COMMISSIONER – DISTRICT 1. Per the recommendation of Councilman Christopher Ortiz, Mayor Griego recommended the reappointment of Mr. Frank Vigil. APPROVAL: Motion to approve Mr. Frank Vigil MOVED: Councilman Romero 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. 12. 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 five Seasonal Temporary/PT Reaction Aides and the hiring of the Human Resources Manager. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). 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. Adjourned at 7:16 p.m. At 7:49p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing the hiring of an Administrative Assistant, hiring of five Seasonal Temporary/PT Reaction Aides and the hiring of the Human Resources Manager. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). 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 hiring of five Seasonal Temporary/PT Recreation Aides, Mayor Griego put up the names of Santiago Lucero, Gerald Sanchez, Jorge Venegas, Noelle Rightly, and Phillip Martinez. APPROVAL: Motion to approve 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. Regarding the Human Resource Manager - Mayor Griego put up the name of Iris Padilla. APPROVAL: Motion to approve hiring MOVED: Councilman Ortiz 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. 13. 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: 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. 14. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of August 11, 2016 – there was none. MOTION: Motion to approve minutes MOVED: Councilman Ortiz 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. 15. ADJOURNMENT. Council meeting adjourned at 7:51 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR  MINUTES VILLAGE OF LOS LUNAS THURSDAY, AUGUST 25, 2016 PUBLIC HEARING (Commenced at 6:06 P.M.) 1. ORDINANCE 416 – APPROVING A PROJECT INVOLVING GREATER KUDU LLC (THE “COMPANY”) PURSUANT TO THE LOCAL ECONOMIC DEVELOPMENT ACT AND THE VILLAGE OF LOS LUNAS MUNICIPAL CODE, TITLE 2, CHAPTER 2.46 AND A LOCAL ECONOMIC DEVELOPMENT ACT PLAN TO SUPPORT THE OPERATION OF A DATA CENTER CAMPUS, RELATED FACILITES AND OTHER PERMITTED SIMILAR PROJECTS; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN GREATER KUDU LLC AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONSAND FINDINGS RELATING TO THE PROJECT; AMENDING CHAPTER 2.46.80 OF THE VILLAGE OF LOS LUNAS MUNICIPAL CODE. Mr. Gregory Martin presented item one. Mr. Martin introduced Ms. Jill Sweeney, Special Counsel to the Village of Los Lunas. Ordinance 416 is relating to State LEDA participation similar to what the Village has seen in the past in Accurate Machine and other local economic development acts. As to the State participation, the State Economic Development Department will transfer funds to the Village to reimburse the company for certain infrastructure such as the purchase of water rights or the construction of a wastewater treatment facility. As to the local piece, the ordinance allows for the amendment of the Municipal Code to will allow the Council, at a subsequent meeting, to consider dedicating up to 75% of certain gross receipts tax revenues received by the Village as a result of construction of the project. Then to take that cash flow back in the project site. Mayor Griego wanted clarification that this action is not dedicating any of the local funding at this time. Ms. Sweeney replied, correct, it’s establishing the process. Ms. Sweeney went through the ordinance and said that the council would be making certain findings relating to this transaction – for example, the company is a qualified entity under the LEDA Act and will provide a contribution to the project. Councilman Romero wanted to know if there has been any dialogue, regarding the State LEDA funds, money to be used on certain infrastructure or what needs to be done. Ms. Sweeney replied, that when the project participation is finalized the purposes for which the funds can be spent will be specifically identified and those will include either water rights or the construction of the wastewater treatment plant. Ms. Sweeney introduced Mr. David Buchholtz and Mr. John Salazar of Rowdy Law Firm and Counsel to Greater KUDU. He wanted to thank the Mayor, Council, staff and Special Counsel to the Village for everyone’s hard work. Mayor Griego asked Council if they had any questions – there were none. Mayor Griego asked if there were any comments from the public. Mr. Victor Williams approached the podium – he felt the Village is being taken advantage of giving so many things away; he’s not in favor of approving the ordinance. Ms. Pauline Alveraz-Stewart approached the podium, she resides in Rio Rancho and she is in favor of the ordinance. Her husband works construction and has been working out of state for the past two years. This project will bring a multitude of construction jobs. It will also keep the money in the State of New Mexico, keep them home. Mr. Tony Williams approached the podium, he offers his wholehearted support for this project. 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 6:28 P.M. PUBLIC HEARING (Commenced at 7:07 P.M.) (Ordinances 414 and 415 were presented together per the request of Mayor Griego). 7. ORDINANCE 414 – AN ORDINANCE AMENDING ORDIANCE #276-2016-4 IN ORDER TO CORRECT THE ZONING DESIGNATION THAT WAS APPROVED BY VILLAGE COUNCIL ON THE 14TH OF JULY, 2016. Neglected to include the zone that it was being changed to – rezone to TOD MU. The governing body did approve but changes were not included. Mayor Griego asked if there were any comments for or against – there were none. 8. ORDINANCE 415 – AN ORDINANCE AMENDING ORDINANCE #276-2016-5 IN ORDER TO CORRECT THE ZONING DESIGNATION THAT WAS APPROVED BY VILLAGE COUNCIL ON THE 14TH OF JULY, 2016. The correction is to include the correct zone to C-1. The governing body did approve but changes were not included. Mayor Griego asked if there were any comments for or against – there were 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: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz ROLLCALL: vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearings closed at 7:08 P.M. PUBLIC HEARING (Commenced at 7:09 P.M.) (Ordinances 411 and 276-2016-7 were presented together at the request of Ms. Ainsworth). 9. 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/ACSM LAND TITLE SURVEY. These are the annexations of property located on the eastside of the Village, north of NM 6 in the area of Edeal Road. It’s an existing apartment complex. Planning and Zoning Commission have approved the annexation. Mayor Griego asked if there were any comments from the Council or the public – there were none. Mr. James Jaramillo approached the podium – he is one of the partners of the apartment complex. They cleaned up the property and do have existing water/sewer but the complex is in the county. 10. ORDINANCE 276-2016-7 – AN ORDINANCE DESIGNATING ZONING FOR A CERTAIN PARCEL OFLAND. 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: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz ROLLCALL: vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearings closed at 7:13 P.M.