Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, OCTOBER 20, 2016 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, October 20, 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 (Excused) Also present were: Gregory D. Martin, Debra Sanchez, Bob Anderson, Sandy Schauer, Denise Williams, Dan Williams, Lucas Sanchez, Wyn Sanchez, Melinna Boyd, Derieth L. Sutton, Celina Stone, Jim Rickey, Deborah Fox, and Manuel Quintana. 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 417 – APPROVING A PROJECT INVOLVING NIAGARA BOTTLEING 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 CONSTRUCTION AND IMPROVEMENT OF A MANUFACTURING AND BEVERAGE BOTTLE FACILITY; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN NIAGARA BOTTLING LLC 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. 2. LEASE BETWEEN VRECC AND THE VILLAGE OF LOS LUNAS FOR NEW E-911 CENTER. 3. ORDINANCE 404 – AN ORDINANCE AMENDING THE VILLAGE OF LOS LUNAS CODE OF ORDINANCES BY ADDING A NEW TITLE 18, ESTABLISHING AN AFFORDABLE HOUSING PROGRAM PURSUANT TO THE AFFORDABLE HOUSING ACT; DEFINING TERMS; ESTABLISHING APPLICATION REQUIREMENTS AND REVIEW CRITERIA; AND ESTABLISHING PROCEDURES TO ADMINISTER AN AFFORDABLE HOUSING PROGRAM. 4. MEMORANDUM OF AGREEMENT – VALENCIA COUNTY STORMWATER MS4 TECHNICAL ADVISORY GROUP. 5. EXECUTIVE SESSION: a) Hire FT Sports Coordinator / Recreation Division – Community Services Department. b) Update and consideration of offer of settlement from Valencia County in the pending litigation of STATE OF NEW MEXICO, ex rel. VILLAGE OF LOS LUNAS, et. Al. v. COUNTY OF VALENCIA, Case No. D-1314-CV-2013-00968. 6. APPROVAL OF MINUTES: a) Minutes of September 22, 2016 Council Meeting. b) No minutes for October 6, 2016 – Council Meeting cancelled. 7. 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 Mark to lead the Mayor, Council and audience in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any additions/corrections to the agenda – there were none. Mayor Griego asked for a motion to approve agenda. APPROVAL: Motion to approve agenda. MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (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 speak to the Council that did not have an agenda item. Mr. Manuel Quintana from PNM approached the podium – he wanted to congratulate the Council on Facebook and he also wanted to inform the Council about different projects that are/were going on in the area: solar plant, looking at acquiring more property, want to be good partners, rebates that PNM is offering, left brochures for everyone to look over, and talked a bit about the recent rate increase on residential PNM bills ($6.00/mo. Increase). Mr. Gregory Martin approached the podium – he wanted to let everyone know that the Village final budget was finished and available. 1. ORDINANCE 417 – APPROVING A PROJECT INVOLVING NIAGARA BOTTLING 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 CONSTRUCTION AND IMPROVEMENT OF A MANUFACTURING AND BEVERAGE BOTTLE FACILITY; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN NIAGARA BOTTLING LLC 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. Mayor Griego asked for a motion to adjourn from regular session and reconvene into public hearing. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a motion regarding Ordinance 417. APPROVAL: Motion to approve Ordinance 417 – Councilman Saiz said he agrees with what was said by both parties this evening and also, as the Mayor stated, the decision we make tonight is based on ordinances that we have in place and that the Village operates under and with the ordinance that we’re considering tonight – Niagara Bottling fits within the ordinance – the scope of the project. Councilman Saiz moved to approve ordinance 417 relating to the LEDA transaction, the Village, Niagara Bottling and the State, be adopted with the specific understanding that the adoption of this ordinance is in no way to be considered a waiver of any other requirements that Niagara Bottling is required to meet under currently existing Village ordinances or codes including ordinances and codes concerning construction or the provision of utility services to Niagara Bottling. MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 2. LEASE BETWEEN VRECC AND THE VILLAGE OF LOS LUNAS FOR NEW E-911 CENTER. Ms. Shirley Valdez presented item two. A lease was presented to legal counsel and to the 911 Board members at the last meeting and was approved. This lease will depend on the loan documents – what the total amount will be from the New Mexico Finance Authority. This something that is so necessary for Valencia County. The Legislative Finance Committee did raid the 911 fund. They took $6 million dollars from that fund. She was informed that her project, the funds are still available. Mayor Griego asked about if funds were available. Ms. Valdez replied yes, she was told by the project manager that there was $11 million dollars left in the fund. Mayor Griego asked if the agreement with DFA is done. Ms. Valdez replied yes, she will go to the board in November. She said they are seven years in their upgrade. Mayor Griego asked if Council had any comments – there was none. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve lease agreement with VRECC MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 3. ORDINANCE 404 – AN ORDINANCE AMENDING THE VILLAGE OF LOS LUNAS CODE OF ORDINANCES BY ADDING A NEW TITLE 18, ESTABLISHING AN AFFORDABLE HOUSING PROGRAM PURSUANT TO THE AFFORDABLE HOUSING ACT; DEFINING TERMS; ESTABLISHING APPLICATION REQUIREMENTS AND REVIEW CRITERIA; AND ESTABLISHING PROCEDURES TO ADMINISTER AN AFFORDABLE HOUSING PROGRAM. Mayor Griego asked for a motion to adjourn in regular session and reconvene in a public hearing. APPROVAL: Motion to adjourn MOVED: Councilman Ortiz SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Mayor Griego asked for a recommendation from Council. APPROVAL: Motion to approve ordinance 404 MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 4. MEMORANDUM OF AGREEMENT – VALENCIA COUNTY STORMWATER MS4 TECHNICAL ADVISORY GROUP. Mr. Michael Jaramillo presented item four. Mr. Jaramillo is requesting permission to participate in the Valencia County Storm Water MS4 Technical Advisory Group. The NPDESS General Storm Water Permit encourages cooperative efforts among state and local government entities with the Los Lunas Urbanized Storm water area. Purpose of the MS4TAG is to exchange technical information regarding compliance with the MS$ permit and exchange ideas. There shall be no bidding financial authority, just strictly advisory in nature. Mayor Griego asked if there were any comments from the Council – there were none. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 5. 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 FT Sports Coordinator and Update and consideration of offer of settlement from Valencia County in the pending litigation of STATE OF NEW MEXICO, ex rel. VILLAGE OF LOS LUNAS, et. Al. v. COUNTY OF VALENCIAL, Case No. D-1314-CV-2013-00968. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Adjourned at 7:00 p.m. At 7:58p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing the hiring of a FT Sports Coordinator and Update and consideration of offer of settlement from Valencia County in the pending litigation of STATE OF NEW MEXICO, ex rel. VILLAGE OF LOS LUNAS, et. Al. v. COUNTY OF VALENCIAL, Case No. D-1314-CV-2013-00968. APPROVAL: Motion to reconvene in open session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the FT Sports Coordinator – Mayor Griego put up the name of Jorge Venegas. APPROVAL: Motion to approve hiring MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Regarding the Update and consideration of offer of settlement from Valencia County in the pending litigation of STATE OF NEW MEXICO, ex rel. VILLAGE OF LOS LUNAS, et. Al. v. COUNTY OF VALENCIAL, Case No. D-1314-CV-2013-00968. Mayor Griego asked for a recommendation from the Council. APPROVAL: Motion to reject the offer in its current state – Councilman Saiz feels that it is not in the best interest of the residents of Los Lunas nor the residents of Valencia County. MOVED: Councilman Saiz SECONDED: Councilman Ortiz CARRIED: Motion passed to reject offer on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 6. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of September 22, 2016 – there was none. There were no minutes for September 6, 2016 – council meeting was cancelled. MOTION: Motion to approve minutes MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 7. ADJOURNMENT. Council meeting adjourned at 8:00 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR  MINUTES VILLAGE OF LOS LUNAS THURSDAY, OCTOBER 20, 2016 PUBLIC HEARING (Commenced at 6:16 P.M.) 1. ORDINANCE 417 – APPROVING A PROJECT INVOLVING NIAGARA BOTTLING 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 CONSTRUCTION AND IMPROVEMENT OF A MANUFACTURING AND BEVERAGE BOTTLE FACILITY; AUTHORIZING THE EXECUTION OF A PROJECT PARTICIPATION AGREEMENT BETWEEN NIAGARA BOTTLING LLC AND THE VILLAGE AND THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF NEW MEXICO; MAKING CERTAIN DETERMINATIONS AND FINDINGS RELATING TO THE PROJECT; RATIFYING CERTAIN ACTIONS TAKEN PREVIOUSLY. Mr. Gregory Martin presented item two. This ordinance provides for an agreement between the Village of Los Lunas and the State of New Mexico for the Village to be the fiscal agent for the LEDA funds that are being offered to the company. Included with the ordinance, is the Project Participation Agreement between Niagara Bottling LLC and the Village of Los Lunas and the execution of the Intergovernmental Agreement with the State of New Mexico and the Village of Los Lunas. Mr. Larry Guggino made the next presentation – this is a lot like the LEDA projects that we’ve done with respect to the mold injection manufacturing company, Facebook, and now with Niagara. Niagara Bottling has asked that the Village of Los Lunas act as the fiscal agent, money is coming from the State of New Mexico in the amount of $500,000.00 to facilitate the reconstruction and improvement of the existing manufacturing facility which is Merillat. Niagara is expecting to invest approximately $23 million dollars in a high speed bottling line including purchasing equipment – this will create about 41 jobs with an average salary of $23.00 an hour / $45,000.00 a year excluding benefits. Niagara plans on coming on line sometime in January/February 2017. Ordinance 417 recites the various fund bindings that the Council is expected to make including the benefits of the project to the Village – in terms of increased tax revenue benefits arising from increased employment. The Intergovernmental Agreement provides terms of the economic assistance. Section talks about the LEDA act, section two talks about the Village being only the fiscal agent – money is coming from the State; the Village is only going to manage it. Mayor Griego asked if the Council had any questions – there were none. Mayor Griego asked if there was anyone in the audience who wanted to speak for or against the ordinance. Mr. Lucas Sanchez approached the podium, he was not in favor of the ordinance. He submitted a petition of 125 signatures who were against the bottling company. Ms. Selena Stone and Ms. Wyn Sanchez were opposing the ordinance. Ms. Derieth Sutton spoke in favor of the ordinance. Mr. Roper of the NM Economic Department spoke in favor of the ordinance. The Mayor thanked everyone for their comments and responded that the Village works within its ordinances and directed concerned citizens to talk with Mr. Gregory Martin, he would put them in contact with the appropriate Director’s. 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 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. Public hearing closed at 6:37 P.M. PUBLIC HEARING (Commenced at 6:45 P.M.) 3.ORDINANCE 404 – AN ORDINANCE AMENDING THE VILLAGE OF LOS LUNAS CODE OF ORDINANCES BY ADDING A NEW TITLE 18, ESTABLISHING AN AFFORDABLE HOUSING PROGRAM PURSUANT TO THE AFFORDABLE HOUSING ACT; DEFINING TERMS; ESTABLISHING APPLICATION REQUIREMENTS AND REVIEW CRITERIA; AND ESTABLISHING PROCEDURES TO ADMINISTER AN AFFORDABLE HOUSING PROGRAM. Ms. Christina Ainsworth presented item two. In conjunction with Valencia County, the Village of Los Lunas/Valencia County Affordable Housing Plan was adopted by the Village of Los Lunas by resolution 15-13 on August 20, 2015. In order to enact the goals, set forth in the Affordable Housing Plan, the Village of Los Lunas must adopt an Affordable Housing Ordinance, pursuant to the requirements set forth by the New Mexico Mortgage Finance Authority. Our largest gap is not enough affordable apartments in our community. There are state funds that are available to developers. One thing we can’t fund is for new housing, there’s enough already in our community. Mayor Griego asked if Council had any questions – there were none. Mayor Griego asked if there is anyone in the audience who would like 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 Saiz SECONDED: Councilwoman Sanchez-Montoya ROLLCALL: vote of 3 (Councilman Ortiz – yes; Councilwoman Sanchez-Montoya – yes; Councilman Saiz – yes) FOR AND 0AGAINST. Public hearing closed at 6:49 P.M.