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Village of Los Lunas Council Agendas\Minutes

Regular Meeting

Los Lunas, NM · May 14, 2020

AgendaMinutes

Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, MAY 14, 2020 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, May 14, 2020 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Pro Tem Christopher Ortiz, Councilmen Cruz Munoz, Phillip Jaramillo, and Gino Romero. Meeting was conducted and recorded through Webex.com. Mayor: Charles Griego, excused Mayor Pro Tem: Christopher Ortiz Council: Gino Romero Phillip Jaramillo Cruz Munoz Also present were: Gregory D. Martin 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. RESOLUTION 20-12 – UNITED STATES DEPARTMENT OF JUSTICE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM FY 2020. 2. RESOLUTION 20-15 – UNITED STATES DEPARTMENT OF JUSTICE – PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP (BVP) GRANT. 3. DESTRUCTION OF OBSOLETE FINANCIAL RECORDS. 4. RESOLUTION 20-11 – APPROVE THE APPLICATION AND PETITION OF SIVAGE COMMUNITY DEVELOPMENT, LLC FOR FORMATION OF THE FIESTA PUBLIC IMPROVEMENT DISTRICT (PID) AND APPROVING RELATED DOCUMENT AND AGREEMENTS, INCLUDING A PID INFRASTRUCTURE DEVELOPMENT AND ACQUISITION AGREEMENT. 5. RESOLUTION 20-16 – A RESOLUTION OF THE VILLAGE OF LOS LUNAS TO SUPPORT THE AFFORDABLE HOUSING PROGRAM APPLICATION BY CHELSEA INVESTMENT CORPORATION FOR THE RENOVATION AND PRESERVATION OF THE ENCANTADA APARTMENTS AND DECLARING THAT THE PROJECT SUPPORTS THE VILLAGE’S COMMUNITY REVITALIZATION EFFORTS. 6. EXECUTIVE SESSION: a) Hire FT Facility Technician II – Facility Maintenance Division / Parks and Recreation Department. b) Hire multiple Community Development youth participants. 7. APPROVAL OF MINUTES: a) Minutes from April 23, 2020 Council Meeting. 8. ADJOURNMENT. • CALL MEETING TO ORDER. At 6:00 PM, Mayor Pro Tem Ortiz brought the meeting to order and welcomed the audience. • PLEDGE OF ALLEGIANCE. Mayor Pro Tem Ortiz asked Rebekah to lead the Council and audience in the Pledge of Allegiance. Announced that Mayor Charles Griego will be absent from council meeting. • APPROVAL OF AGENDA. Mayor Pro Tem Ortiz asked if there were any changes to the agenda – there were none. Mayor Pro Tem Ortiz asked for a motion from Council. APPROVAL: Motion to approve amended council agenda. MOVED: Councilman Romero SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. Mayor Pro Tem Ortiz asked for a Public Input Forum (unofficial announcement). Fire Chief John Gabaldon wanted to announce that he has been working with the Los Lunas Schools to come up with some type of ceremony for the 2020 graduates. There will be no in person ceremony or parade in the Village of Los Lunas at this time. As things ease up, hopefully, will have something for graduates/seniors. 1. RESOLUTION 20-12 – UNITED STATES DEPARTMENT OF JUSTICE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM FY 2020. Police Chief Naithan Gurule presented item one. Requesting permission to apply for grant for $37,935.00. If awarded, the funds would be used to purchase equipment, computers, cameras, and docking stations. Mayor Pro Tem Ortiz asked if there were any comments – there were none. Mayor Pro Tem Ortiz asked for a motion from Council. APPROVAL: Motion to approve resolution 20-12. MOVED: Councilman Jaramillo SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 2. RESOLUTION 20-15 – UNITED STATES DEPARTMENT OF JUSTICE – PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP (BVP) GRANT. Police Chief Naithan Gurule presented item two. We apply for this grant every year and for some reason it is a two-year grant now. If funds are awarded ($8,043.00), we will use the funds to purchase bulletproof vests for new hires or replace existing vests. The program provides up to 50 percent matching funds for agencies looking to purchase body armor for their officers. Mayor Pro Tem Ortiz asked if there were any questions – Councilman Romero asked of vests need are rotated. Chief Gurule replied they have to replace vests every five years. Mayor Pro Tem Ortiz asked for a motion from Council. APPROVAL: Motion to approve resolution 20-15. MOVED: Councilman Romero SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST 3. DESTRUCTION OF OBSOLETE FINANCIAL RECORDS. Ms. Rebekah Klein presented item three. Requesting Council approval to destroy outdated financial records (bank statements, deposits, financial records, check copies, credit card receipts). Councilman Jaramillo asked if she was following the State Statue – she replied that she was. Mayor Pro Tem asked for motion from Council. APPROVAL: Motion to approve destruction of financial records. MOVED: Councilman Jaramillo SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 4. RESOLUTION 20-11 – APPROVING THE APPLICATION AND PETITION OF SIVAGE COMMUNITY DEVELOPMENT, LLC FOR FORMATION OF THE FIESTA PULIC IMPROVEMENT DISTRICT (PID) AND APPROVING RELATED DOCUMENT AND AGREEMENTS, INCLUDING A PID INFRASTRUCTURE DEVELOPMENT AND ACQUISITION AGREEMENT. APPROVAL: Motion to remove from postponement – council meeting of April 23, 2020. MOVED: Councilman Jaramillo SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. Minutes are on last page. APPROVAL: Motion to adjourn from council and open in to a public hearing. MOVED: Councilman Romero SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. APPROVAL: Motion to table resolution 20-11 (council meeting in June, either the 11th or 25th, council will decide and give notice to Erin Callahan for her legal ad/posting). MOVED: Councilman Romero SECONDED: Councilman Jaramillo CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 5. RESOLUTION 20-16 – A RESOLUTION OF THE VILLAGE OF LOS LUNAS TO SUPPORT THE AFFORDABLE HOUSING PROGRAM APPLICATION BY CHELSEA INVESTMENT CORPORATION FOR THE RENOVATION AND PRESERVATION OF THE ENCANTADA APARTMENTS AND DECLARING THAT THE PROJECT SUPPORTS THE VILLAGE’S COMMUNITY REVITALIZATION EFFORTS. Ms. Erin Callahan presented item five. Chelsea Investment Corporation (“CIC”) is in the process of trying to acquire Encantada Apartments in the Village of Los Lunas, NM, to renovate and preserve the USDA-RD Rental Assistance for the project. CIC is seeking the Village’s support on a competitive funding program called the Affordable Housing Program, so that they may receive the maximum points available to their application. Either to earn these points, the project must be in the boundary of a community revitalization plan, or much be part of an approved resolution by the governing body “expressly setting forth that the governing body supports the AHP application and that the project supports their community revitalization efforts”. The Encantada Apartments are not within the geographic boundary of a revitalization plan; however, they do meet the goals set forth in the Valencia County/Los Lunas Joint Affordable Housing Plan to foster the rehabilitation of substandard single family and multi-family dwelling units for households earning at or below 80% of the Valencia County adjusted area median income (AMI). There is no cost to the Village only for official support so that they can obtain their own outside funding. Mayor Pro Tem Ortiz asked Council for a decision. APPROVAL: Motion to approve resolution 20-16. MOVED: Councilman Jaramillo SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 6. EXECUTIVE SESSION. Mayor Pro Tem Ortiz announced that the Council would be going into executive session pursuant to NMSA 1978 Section 10-15-1(H), the following matters may be discussed in closed session: hire FT Facility Technician II and hire multiple Community Development youth participants. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Romero SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. Mayor Pro Tem Ortiz asked for a motion from Council to reconvene indicating that they discussed a request to hire FT Facility Technician II and hire multiple Community Development youth participants. APPROVAL: Motion to approve MOVED: Councilman Munoz SECONDED: Councilman Jaramillo CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST Mayor Pro Tem Ortiz announced that Council would wait until the next council meeting (May 28, 2020) when Mayor Charles Griego would be present to move forward with hiring’s. 5. MINUTES. Mayor Pro Tem Ortiz asked if there were corrections to the council minutes of April 23, 2020 – there was none. MOTION: Motion to approve MOVED: Councilman Romero SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 6. ADJOURNMENT. Council meeting adjourned at 8:55PM. ______________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Christopher Ortiz, Mayor Pro Tem MINUTES VILLAGE OF LOS LUNAS THURSDAY, MAY 14, 2020 4. RESOLUTION 20-11 – APPROVING THE APPLICATION AND PETITION OF SIVAGE COMMUNITY DEVELOPMENT, LLC FOR FORMATION OF THE FIESTA PULIC IMPROVEMENT DISTRICT (PID) AND APPROVING RELATED DOCUMENT AND AGREEMENTS, INCLUDING A PID INFRASTRUCTURE DEVELOPMENT AND ACQUISITION AGREEMENT. Ms. Jill Sweeny started presentation. Before you this evening a resolution to approve application and petition of Sivage Community Development for the formation of the Fiesta Public Improvement District (PID). The purpose of this resolution is approving the formation documents, is to form the boundaries of the PID and put the PID board in place (requesting Council to become PID Board). Establish the parameters pursuant to which the special levies imposed on the properties within the district would be used to finance public infrastructure within the boundaries of mostly the roadways. Workshop was held several weeks ago about the master formation and resolution agreement that define the district and the relationships within the parties and the purpose of the financing. Councilman Romero asked if there were any perceived or legal conflict of interest when it comes to the city council being requested to serve as the PID Board. Jill replied, no, that process and the options for allowing government to sit on the board and being involved in the district is established in the state statue. Mr. Mike Sivage started his power point presentation – he listed a time table/history of the Sivage PID efforts. Mike explained why PIDs are necessary in today’s housing market. The financing for infrastructure is difficult to obtain, homebuilding costs continue to rise making home prices less affordable, better quality communities with amenities sell faster, and PIDs provide reimbursement of specific costs. Annual levies for Fiesta will be no more than $750.00 – levies for other areas were much higher. Proliferation of PIDs in Los Lunas is unlikely. Upfront professional fees paid by developer $150,000 to $200,000. Costs of issuance requires at least $3 million in bond proceeds. The consumer is protected by the following: competition between subdivisions requires a better product or lower price to sell lots/homes, value to lien ratios must remain competitive with other master planned communities, maximum levy is disclosed upfront at point of sale, maximum levy at 1.48% at Fiesta, 99% per ordinance, and no reimbursement to developer until substantial completion of each improvement area. With increasing prices, it will be difficult for the average resident to afford a home in Los Lunas. Without PID, communities will have few amenities in order to keep price down and the housing prices will be higher due to high costs of lots. Benefits to the Village: there would be 55 plus acres of open space and trails that would not require maintenance from the Village, $3.5 million in GRT from the land development, $14 million plus in GRT from home construction, $2.5 million/year in additional property taxers per year, and community that remains affordable to its current residents. Mayor Pro Tem Ortiz asked Council if they had any comments. Councilman Jaramillo commented that there was a lot of good information that was shared, but questioned the amenities – he felt that those were up to the developer. Councilman Romero inquired about the PIDs, if they hinder the bonding ability for schools – is there any data that they could review. Ms. Jenica Jacobi replied that the tax attaches to its own special levy – it does not change any other taxes made to other local governments. Ms. Jill Sweeny said that since the adoption of the PID act, this is the first time she has heard of this issue. She felt that maybe it would be something to discuss with other counterparts in either the City of Albuquerque or Bernalillo County or communities that have PIDs to see if they have come up against it. Councilman Romero asked if there was an updated timeline to review. Mike Sivage mentioned to Council that he would be happy to meet one on one to answer questions. Mayor Pro Tem Ortiz asked the audience if there was anyone who wanted to comment on this topic – there was none. Councilman Munoz asked if they could have an agreement indicating that all the amenities can be done. Mayor Pro Tem Ortiz asked for motion from Council to close the public hearing and resume as a council. APPROVAL: Motion to close public hearing and reconvene as a council. MOVED: Councilman Jaramillo SECONDED: Councilman Romero CARRIED: Motion passed on a vote of (Councilman Romero – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST.

Agenda

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, MAY 14, 2020 – 6:00 PM COUNCIL CHAMBERS - 660 MAIN STREET LOS LUNAS, NM 87031 ATTENTION: In an effort curb the spread of COVID-19 by practicing social distancing and limiting public gatherings, we encourage you to participate in the council meeting from the comfort and safety of your own home by entering or clicking on the following link: https://www.loslunasnm.gov/meeting PLEASE TURN OFF OR MUTE ALL ELECTRONIC DEVICES DURING MEETING YOUR COOPERATION IS APPRECIATED • CALL MEETING TO ORDER. • PLEDGE OF ALLEGIANCE. • APPROVAL OF AGENDA. 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. NAITHAN GURULE 1. RESOLUTION 20-12 – UNITED STATES DEPARTMENT OF JUSTICE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING (CESF) PROGRAM FY 2020. TAB 1. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance have made funds available in the amount of $37,935 to the Los Lunas Police Department. If awarded these funds will be used to purchase equipment and/or technology. The Coronavirus Emergency Supplemental Funding (CESF) Program will provide funding to assist eligible states, local units of government, and tribes in preventing, preparing for, and responding to the Coronavirus. The CESF Program is authorized by Division B of H.$. 748, Pub. L. No. 116-136 (Emergency Appropriations for Coronavirus Health Response and Agency Operations); 28 U.S.C. 530C. NAITHAN GURULE 2. RESOLUTION 20-15 – UNITED STATES DEPARTMENT OF JUSTICE – PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP (BVP) GRANT. TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The United States Department of Justice, Office of Justice Programs and Bureau of Justice Assistance has made funds available for bulletproof vest purchase and/or replacement for the next 2-years. The Los Lunas Police Department is estimating 14 vests totaling $16,086; therefore, the 50% grant fund match totals $8,043. If awarded, these funds will be used to purchase bulletproof vests for new hires or replace existing vests upon the replacement cycle. The Patrick Leahy Bulletproof Vest Partnership (BVP) program provides up to 50 percent matching funds for agencies looking to purchase body armor for their officers. Established in 1998 by the Bulletproof Vest Partnership Grant Act, BVP is part of the U.S. Department of Justice initiative to provide critical resources to state and local law enforcement. REBEKAH KLEIN 3. DESTRUCTION OF OBSOLETE FINANCIAL RECORDS. TAB 3. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Finance and Administrative Services Director, Rebekah Klein, is requesting permission to destroy outdated/obsolete financial records that has been in storage for their required period (NM State Statue 18.03.001 - three years). The records consist of the following: bank statements, bank deposits, financial records, financial documents, check copies, credit card receipts, and bank statements. These documents are now ready for destruction and staff will follow standard destruction policy and complete a Certificate of Destruction upon completion. ERIN CALLAHAN 4. RESOLUTION 20-11 – APPROVING THE APPLICATION AND PETITION OF SIVAGE COMMUNITY DEVELOPMENT, LLC FOR FORMATION OF THE FIESTA PUBLIC IMPROVEMENT DISTRICT (PID) AND APPROVING RELATED DOCUMENT AND AGREEMENTS, INCLUDING A PID INFRASTRUCTURE DEVELOPMENT AND ACQUISITION AGREEMENT. TAB 4. ACTION REQUESTED OF COUNCIL: Remove item from “Postponed” status. (Postponed at April 23, 2020 Council meeting). PUBLIC HEARING. Approve or disapprove. BACKGROUND AND RATIONALE: The Village of Los Lunas desires to continue to foster, promote and enhance economic development through the formation of public improvement districts in accordance with New Mexico state statutes and the Village’s public improvement ordinance (Ordinance 448). On January 9, 2020, Sivage Development submitted to the Village its application for the formation of the Fiesta Public Improvement District, including the proposed formation resolution and PID infrastructure and acquisition agreement under consideration. Once formed the District will be an independent political subdivision, the purpose of which would be to finance public infrastructure, including on-site and off-site roads, water and sewer benefitting the property within the boundaries of the district. The Developer will construct the infrastructure and dedicate the infrastructure to the Village for maintenance purposes. The Developer may be reimbursed for the cost of the public infrastructure through the assessment of special levies on the property located within the District. The maximum annual special levy on each developed and platted parcel would be $750. Special levies would be billed by the County Treasurer in the same manner as property taxes. The Village Council would serve as the Board of the District. The Village Clerk will serve as Clerk of the District and Michael Sivage will serve as the Treasurer of the District. The Application, formation resolution, PID infrastructure and acquisition agreement and related documents have been reviewed by Village Staff, the Village Attorney, and the Village’s bond counsel. Comments, questions and requests for information were provided to the Developer, responses were received, and all open items have been resolved. Village Staff recommends approval of the proposed Resolution. ERIN CALLAHAN 5. RESOLUTION 20-16 – A RESOLUTION OF THE VILLAGE OF LOS LUNAS TO SUPPORT THE AFFORDABLE HOUSING PROGRAM APPLICATION BY CHELSEA INVESTMENT CORPORATION FOR THE RENOVATION AND PRESERVATION OF THE ENCANTADA APARTMENTS, AND DECLARING THAT THE PROJECT SUPPORTS THE VILLAGE’S COMMUNITY REVITALIZATION EFFORTS. TAB 5. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Chelsea Investment Corporation (“CIC”) is in the process of trying to acquire Encantada Apartments in the Village of Los Lunas, NM, to renovate and preserve the USDA-RD Rental Assistance for the project. CIC is seeking the Village’s support on a competitive funding program called the Affordable Housing Program, so that they may receive the maximum points available to their application. To earn these points, the project must either be in the boundary of a community revitalization plan, or much be part of an approved resolution by the governing body “expressly setting forth that the governing body supports the AHP application and that the project supports their community revitalization efforts”. The Encantada Apartments are not within the geographic boundary of a revitalization plan; however, they do meet the goals set forth in the Valencia County/Los Lunas Joint Affordable Housing Plan to foster the rehabilitation of substandard single family and multi-family dwelling units for households earning at or below 80% of the Valencia County adjusted area median income (AMI). 6. EXECUTIVE SESSION – pursuant to NMSA 1978 Section 10-15-1(H), the following matters may be discussed in closed session: TAB 6. a) Hire FT Facility Technician II – Facility Maintenance Division / Parks and Recreation Department. b) Hire multiple Community Development youth participants. 7. APPROVAL OF MINUTES. TAB 7. a) Minutes from April 23, 2020, Council Meeting. 8. ADJOURNMENT. If you are an individual with a disability who is in need of a reader, amplifier, qualified sign language interpreter, or any other form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the Deputy Clerk five (5) days prior to council meeting at 839-3840.

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