Village of Los Lunas Council Agendas\Minutes

Name: Village of Los Lunas Council Agendas\Minutes — Los Lunas, NM
Start: 2017-02-23
End: 2017-02-23
Location: Los Lunas, NM

Regular Meeting

Los Lunas, NM · February 23, 2017

Agenda Minutes

Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, FEBRUARY 23, 2017 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, February 23, 2017 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, Councilman Gino Romero, Councilman Gerard Saiz, and Councilwoman Paulette Sanchez-Montoya. Mayor: Charles Griego Mayor Pro Tem: Paulette Sanchez-Montoya Council: Gerard Saiz Christopher Ortiz Gino Romero Also present were: Gregory Martin , Debra Sanchez, Sandy Schauer, Bob Anderson, Jim Rickey, Carole Cristiano, Deborah Fox, K. Wayd, and John Krug. 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. AMENDED WATER AGREEMENT WITH NIAGARA BOTTLING. 2. DOCUMENT DESTRUCTION – HUMAN RESOURCES. 3. EXECUTIVE SESSION. a. The acquisition of up to a total of 30.541 AFY of pre-1907 consumptive use water rights and the acquisition of 123.049 AFY of consumptive use water credits. 4. APPROVAL OF MINUTES: a) Minutes of February 9, 2017 Council Meeting. 5. 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 Ms. Carole Cristiano to lead the Mayor, Council and audience in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any changes to the council agenda – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve agenda MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. None. 1. AMENDED WATER AGREEMENT WITH NIAGARA BOTTLING. Mr. Larry Guggino presented item one. This agreement will allow them (Niagara Bottling) to provide water rights to the Village of Los Lunas to offset what they are consuming. In this agreement, Niagara will have up to a two-year period to transfer water rights to the Village’s wells by lease or by purchase. The water rights will have to be pre-1907 or pre-1939, which are rights the state engineer’s recognizes having priority over water rights. The agreement provides, up to the first twenty months/start-up period, that Niagara will pay a service charge of $175.00/an acre foot of water for every acre foot over 60 acre feet is delivered to them. In the event that they do not acquire the pre-1907 or pre-1939 water rights at the end of 20 months, they would then become a regular customer. During the 20 month period and provided they obtain water rights to offset their use, they will only pay for sewer service based on the amount of discharge into our sewer system. Of the 100% of water rights provided to them, they will return about 20% - the Village will not have to treat 80% of the water that goes through their plant. The money that was not used in the treatment of their water, we would then take that money, Lee Wilson and Associate would go out and purchase water rights to offset Niagara’s use. If Niagara would ever leave, these water rights would turn in to water credits and Niagara own the credits, if they sold the credits, the Village would keep 10%. The agreement states they are using 285 acre feet, all we’re guaranteeing them is that 285 feet. If after the start-up period, they have not transferred enough water in to equal what they are using and there is a shortage, we are not obligated to continue providing them water at that level. Councilman Saiz asked if they provide over the 285-acre feet – up to 320, are we obligated to provide that excess. Larry replied no, it would be a material change in our agreement. They would have to purchase that difference and put in to our wells. Councilwoman Sanchez-Montoya asked about what they were going to pay for. Larry explained that they would pay what other business users pay – on the metered return flow, they would pay for only the return flow we have to treat. They will also have to pay the Village a surcharge for everything over 60 acre-feet and that is at $175/an acre-foot. At the end of that 20-month and Niagara has transferred no water in, the first 60-acre feet, anything over that 60 they pay as a regular customer. They pay the full bill for consumption and the full bill for return flow. Mayor Griego asked if there were any more questions – there were none. Mayor thanked Ms. Carole Christiano and Larry Guggino for all the work they provided on this agreement. Mayor Griego asked for a motion from council. APPROVAL: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 2. DOCUMENT DESTRUCTION – HUMAN RESOURCES. Mr. Gregory Martin presented item two. As per state statue, we are requesting to destroy documents, which consist of completed interview notes for Police Chief Candidates from January 2009; applications for Firefighter/EMS – Aril 2013; and applications for Public Works Technician – December 2014. 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 Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 3. 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: the acquisition of up to a total of 30.541 AFY of pre-1907 consumptive use water rights and the acquisition of 123.049 AFY of consumptive use water credits. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Ortiz SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Adjourned at 6:21 p.m. At 7:22 p.m., Mayor Griego asked for a motion to reconvene to go back into open session after discussing: the acquisition of up to a total of 30.541 AFY of pre-1907 consumptive use water rights and the acquisition of 123.049 AFY of consumptive use water credits. 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; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. There was a discussion of water rights and the determination was to give direction to the Village Administrator, on the water credits, see if there is sufficient funds within the Village and no negative impact to our budget and have a decision at the next council meeting. Regarding the purchase of water rights, staff has been given direction to negotiate the purchase and sale agreement for the consumptive, pre-1907, water right use. MOTION: Motion to approve MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. 4. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of February 9, 2017 – there was none. MOTION: Motion to approve minutes MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman Romero – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. 5. ADJOURNMENT. Council meeting adjourned at 7:25 p.m. ______________________________________________ ________________________________ GREGORY D. MARTIN, VILLAGE ADMINISTRATOR CHARLES GRIEGO, MAYOR

Agenda

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, FEBRUARY 23, 2017 – 6:00 PM COUNCIL CHAMBERS - 660 MAIN STREET LOS LUNAS, NM 87031 PLEASE TURN OFF OR MUTE 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. LARRY GUGGINO 1. AMENDED WATER AGREEMENT WITH NIAGARA BOTTLING. TAB 1. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: In December of 2016, the Village and Niagara entered into an agreement for the provision of water and wastewater services to Niagara Bottling by the Village. That agreement provided that Niagara would be a regular customer of the Village water and wastewater services, and did not provide for the transfer of water rights into the Village’s wells. After reviewing that agreement, Niagara requested that the Village consider amending the December 2016 agreement. The proposed amended agreement requires Niagara to transfer suitable water rights into the Village’s wells, by purchase or lease, to offset their water consumption; provides that Niagara will only be charged for the wastewater that they discharge into the Village’s sewer system and further provides that if Niagara fails to transfer suitable water rights into the Village’s wells, they will pay wastewater fees as a regular customer and the Village will, with the payment of the increased wastewater service fees, acquire water rights to offset Niagara’s consumption. GREGORY D. MARTIN 2. DOCUMENT DESTRUCTION – HUMAN RESOURCES. TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Approve or disapprove the destruction of documents as permitted by the New Mexico Administrative Code: (completed interview notes for Police Chief Candidates – January 2009; received application for Firefighter/EMS – April 2013; and received applications for Public Works Technician – December 2014). 3. EXECUTIVE SESSION – pursuant to NMSA 1978 Section 10-15-1(H), the following matters will be discussed in closed session: TAB 3. a) The acquisition of up to a total of 30.541 AFY of pre-1907 consumptive use water rights and the acquisition of 123.049 AFY of consumptive use water credits. 4. APPROVAL OF MINUTES TAB 4. a) Minutes for February 9, 2017 Council Meeting. 5. 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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