Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, SEPTEMBER 7, 2017 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, September 7, 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 Gino Romero, Councilman Christopher Ortiz, Councilwoman Paulette Sanchez-Montoya and Councilman Gerard Saiz. Mayor: Charles Griego Mayor Pro Tem: Gino Romero Council: Gerard Saiz Christopher Ortiz Paulette Sanchez-Montoya Also present were: Gregory D. Martin, Debra Sanchez, DJ Sonnenberg, Justin Breen, David Sonnenberg, Nellie Sonnenbery, Gilbert Romero, Lorraine Romero, Lacey Cheney, Jim Rickey, Cecy Rodriguez, and Deborah Fox. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: • CALL MEETING TO ORDER. • PLEDGE OF ALLEGIANCE. • APPROVAL OF AGENDA. • PROCLAMATION: LITERACY WEEK (SEPTEMBER 3 – 9, 2017). • PUBLIC INPUT FORUM. 1. RESOLUTION 17-23 – ADOPTING THE 2019-2023 INFRASTRUCTURE CAPITAL IMPROVEMENT PLAN (ICIP). 2. RESOLUTION 17-21 – A RESOLUTION BY THE VILLAGE OF LOS LUNAS IN SUPPORT OF SUBMITTING AN APPLICATION TO ACQUIRE A DESIGN GRANT FROM THE 2018 NATIONAL ENDOWMENT FOR THE ARTS OUR TOWN GRANT CYCLE FOR DESIGN SERVICES FOR THE ROUTE 66 MUSEUM & VISITORS CENTER. 3. APPEAL OF THE DECISION OF A ZONING ENFORCEMENT OFFICE AND THE SUBSEQUENT DECISION OF THE PLANNING AND ZONING COMMISSION. 4. EXECUTIVE SESSION. a. Hire Museum Technician – Library Department. b. Hire Water/Sewer Assistant Supervisor – Water/Sewer Department / Public Works. c. Hire Six (6) Seasonal Recreation Aides / Recreation Department / Community Services. d. Hire Public Works Technician – Water/Sewer Department / Public Works. e. Hire Office Specialist – Finance Department / Administration f. Hire Community Development Intern – Community Development. g. Hire Truck Driver / Equipment Operator – Street Department / Public Works. 5. APPROVAL OF MINUTES: a. Minutes from August 24, 2017 Council Meeting 6. 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 Police Chief Naithan Gurule to lead the Mayor, Council and audience in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any changes or corrections 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 Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Councilman Christopher Ortiz read proclamation “LITERACY WEEK.” • PUBLIC INPUT FORUM. None. 1. RESOLUTION 17-23 – ADOPTING THE 2019-2023 INFRASTRUCTURE CAPITAL IMPROVEMENT PLAN (ICIP). Ms. Sylvia Cordova presented item one. The State of New Mexico Department of Finance and Administration requires a resolution of approval from the governing body to be submitted with the final 2019-2023 Infrastructure Capital Improvement Plan (ICIP). This is the final public hearing where the governing body will approve the ICIP plan as proposed or amended. This is the final period where the governing body and the public can give input to the current proposed plan that was presented at the previous workshop. This is the final opportunity to make any amendments to the order of any projects that are listed or if anyone wants to add or remove anything. Mayor Griego asked Council if they had any comments, changes or recommendations – Councilwoman Sanchez-Montoya had nothing; Councilman Romero wanted to express his appreciation for all the work she put into the ICIP. Sylvia replied that she was only made aware this afternoon that a couple of items that were originally removed from the plan need to go back on to the plan. One was the Waterline River Crossing Phase 1 North and the other was the Tank 3 Site Improvement and Rehabilitation. She was informed, by Mr. Michael Jaramillo, that the funding he was waiting for was not approved. Councilman Saiz asked when those items were removed, did anything replace them. Sylvia replied, yes, other projects were put into their place. The Waterline Project was in the number one place and will go back in the same place for the 2019 ICIP, and the Tank 3 Improvements was listed at number five for 2020. Mayor Griego asked why the Waterline River Crossing would go to as number one. Sylvia replied that this was at the recommendation of Mr. Jaramillo. Mayor Griego felt that the Interchange should be number one – he asked Mr. Jaramillo to approach the podium. Mr. Jaramillo explained that it really did not matter to him where it landed, either number 1, 2, or 3 on the list – he just asked that it be put back to where it originally was. Mayor Griego asked the audience if they had any comments for the ICIP plan – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 17-20 keeping the I-25 Interchange as item one for 2019, and the Tank 3 Site Improvements as item five for 2020. MOVED: Councilman Saiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 2. RESOLUTION 17-21 – A RESOLUTION BY THE VILLAGE OF LOS LUNAS IN SUPORT OF SUBMITTING AN APPLICATION TO ACQUIRE A DESIGN GRANT FROM THE 2018 NATIONAL ENDOWMENT FOR THE ARTS OUR TOWN GRANT CYCLE FOR DESIGN ERVICES FOR THE ROUTE 66 MUSEUM & VISITORS CENTER. Ms. Christina Ainsworth presented item two. As you may remember, we applied for this grant last year for $25,000 with a $25,000 match for a total of $50,000 for a master design/plan for a future Museum and Visitors Center. We received some good feedback, but we were unsuccessful with the grant. We have strengthened our application for the same amount and will be for the next fiscal year. If we are successful, we should know sometime during Spring 2018 and we can budget at that point. Mayor Griego asked Council if there were any questions – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 17-21 MOVED: Councilman Romero SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Councilman Saiz addressed the Council – he wanted to inform them that he had a discussion with Mr. Corley, who happens to be his neighbor, on the particular issue that is before them tonight. Because of his discussion with Mr. Corley, Councilman Saiz asked that he recuse himself from this item. 3. APPEAL OF THE DECISION OF A ZONING ENFORCEMENT OFFICE AND THE SUBSEQUENT DECISION OF THE PLANNING AND ZONING COMMISSION. Mayor Griego asked Council if there was a motion to recess from Council and reconvene 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; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Recess 6:12 PM. Mayor Griego asked for a decision from Council. APPROVAL: Motion to affirm the decision Planning & Zoning Commission MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 4. 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 hiring of: a Museum Technician, Water/Sewer Assistant Supervisors, six (6) Seasonal Recreation Aides, Public Works Technician, Office Specialist, Community Development Intern, and Truck Driver/Equipment Operator. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Ortiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. Adjourned at 6:50PM. At 8:35PM, Mayor Griego asked for a motion to reconvene to go back into open session after discussing the hiring of: a Museum Technician, Water/Sewer Assistant Supervisors, six (6) Seasonal Recreation Aides, Public Works Technician, Office Specialist, Community Development Intern, and Truck Driver/Equipment Operator. 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 3 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. For the position of Museum Technician, Mayor Griego put up the name of Ms. Elizabeth Michaletti. MOTION: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Regarding the Assistant Water/Sewer Supervisor, Mayor Griego put up the name of Mr. Larry Rivera. MOTION: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Regarding the hiring of six Season Recreation Aides, Mayor Griego put up the following names: Marlene Preslee Aragon MOTION: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Gerald Sanchez MOTION: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Aaron Martin MOTION: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Santiago Lucero MOTION: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Keira Donohue MOTION: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Christina Smith MOTION: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Oritz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Regarding the Planning Intern, Mayor Griego put up the name of Michele Costilla. MOTION: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Regarding the Office Specialist, Mayor Griego put up the name of Julia Vasquez. MOTION: Motion to approve MOVED: Councilwoman Sanchez-Montoya SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 4 (Councilman Romero - yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya) FOR AND 0 AGAINST. Councilwoman Sanchez-Montoya recused herself from this vote. Regarding the Truck Driver/Equipment Operator, Mayor Griego put up the name of Steven Walker. MOTION: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Saiz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes) FOR AND 0 AGAINST. 5. MINUTES. Mayor Griego asked if there were corrections or additions to the council minutes of August 24, 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 Romero – yes; Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez-Montoya - yes) FOR AND 0 AGAINST. 6. ADJOURNMENT. Council meeting adjourned at 8:41p.m. ______________________________________________ ________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor  MINUTES VILLAGE OF LOS LUNAS THURSDAY, SEPTEMBER 7, 2017 6:12PM 3. APPEAL OF THE DECISION OF A ZONING ENFORCEMENT OFFICE AND THE SUBSEQUENT DECISION OF THE PLANNING AND ZONING COMMISSION. Ms. Christina Ainsworth presented item three. This is regarding an appeal to a decision made by a Zoning Enforcement Officer subsequently appealed to the Planning & Zoning Commission. The Planning & Zoning Commission upheld the decision of the Zoning Enforcement Officer. So now, it is being appealed to the Village Council. This is in regards to the regulations of accessory buildings in the Village. The accessory building is located at 1181 Canal Blvd. SW – it is located in the rear of the property and is a sizeable building. Staff viewed the regulations under section 17.48.030 of the municipal code which outlines setback requirements as well as exceptions to those requirements. Ms. Ainsworth read items C and D to the Council and audience. Ms. Ainsworth turned over the podium to Mr. Tony Williams, attorney for Mr. Corley. Mayor Griego stated to everyone that minutes from that Planning & Zoning Commission meeting were used and will be made part of the record for this appeal. Mr. Williams proceeded with his presentation – the building is in violation of the municipal code/ordinance. Ms. Ainsworth replied to a question from Councilman Romero regarding 30% guidelines (buildable property). She states the required setback is typically, where you have to have a certain distance from the property line to your structure. In this case, we allowed an encroachment as long as the building is not 30% of that area. Mr. Williams stated that the building is greater than 30% of the green area. Mayor Griego said he agreed with staff, portion of the property encroaches into the setback area. Mr. Justin Breen approached the podium. His firm represents David and Leann Sonnenberg. He proceeded to give his presentation. The permit that was given to the Sonnenberg’s was a result of a couple discussions with the Planning & Zoning Department in early February 2017. Mr. Breen stated that Mr. Williams is asking that the ordinance be redrafted and Mr. Breen is asking that not be done to the prejudice of the Sonnenberg’s in this instance. Based on the discussions and the correct interpretation of the ordinance. Mr. Breen passed out pictures to Mayor and Council. He also stated that there a number of buildings in the area that are equally close. Mr. Breen asked that the Council let the permit stand and the building continue. Mayor Griego asked Council if they had any comments – there were none. He then asked if there was anyone in the audience who wanted to speak – there was none. The Village attorney, Mr. Larry Guggino, went over the ordinance. He said you have to read every word of paragraph D to make sense of it. Accessory buildings shall not occupy – means be inside in the place of more than 30% of required rear or side yard setback. The decision Council needs to make, based on the interpretation of paragraph D, and based on interpretation of staff, is that a reasonable interpretation and does that effectuate the intent of the legislative body when they adopted this ordinance. Therefore, the options are to affirm the decision of Planning & Zoning Commission or reverse the decision of the Planning & Zoning Commission, or modify the decision of the Planning & Zoning Commission. Mayor Griego asked if Council had any questions for Mr. Guggino – there were none. Since there are no further questions, Mayor Griego asked for a motion to close the public hearing and reconvene as a Council. APPROVAL: Motion to approve MOVED: Councilman Saiz SECONDED: Councilwoman Sanchez-Montoya CARRIED: Motion passed on a vote of 3 (Councilman Ortiz – yes; Councilman Saiz – yes; Councilwoman Sanchez- Montoya - yes) FOR AND 0 AGAINST. 6:49PM