Village of Los Lunas Council Agendas\Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, OCTOBER 8, 2020 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, October 8, 2020 in regular session at 6:00 PM at the Council Chambers. Roll call was taken and the following were present: Mayor Charles Griego, Councilman Phillip Jaramillo, Councilman Cruz Munoz, Councilmen Christopher Ortiz, and Councilman Gino Romero. Meeting was conducted and recorded through Webex.com. Mayor: Charles Griego Mayor Pro Tem: Christopher Ortiz Council: Gino Romero Phillip Jaramillo Cruz Munoz Also present were: Gregory D. Martin, Debra Sanchez and Martin Callahan. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. ORDINANCE 453 – SHORT TERM RENTAL HOUSING. 2. RESOLUTION 20-27 – VILLAGE OF LOS LUNAS EMERGENCY DECLARATION. 3. RESOLUTION 20-28 – FY 2021 INTERIM BUDGET ADJUSTMENTS. 4. EXECUTIVE SESSION: a) Hire FT Solid Waste Laborer – Solid Waste Division / Public Works Department. b) Hire FT Police Officer – Police Department. 5. APPROVAL OF MINUTES: a) September 24, 2020 Council Meeting. 6. ADJOURMENT. • CALL MEETING TO ORDER. At 6:00 PM, Mayor Griego brought the meeting to order and welcomed the audience. • PLEDGE OF ALLEGIANCE. Mayor Griego asked Ralph Mims to lead the Council and WebEx participants in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any changes to the agenda – there were none. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve council agenda. MOVED: Councilman Ortiz SECONDED: Councilman Jaramillo CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 1. ORDINANCE 453 – SHORT TERM RENTAL HOUSING. Mayor Griego asked for a motion to remove item from tabled status. APPROVAL: Motion to approve. MOVED: Councilman Romero SECONDED: Councilman Jaramillo CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST Mayor Griego asked for a motion from Council to recess and open in 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 Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. Recess 6:05PM Mayor asked for a motion from Council amendments with stringent timetable. APPROVAL: Motion approve amendments with stringent timetable. MOVED: Councilman Jaramillo SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. Mayor asked for a motion from Council regarding ordinance 453 as amended. APPROVAL: Motion approve ordinance 453. MOVED: Councilman Jaramillo SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. Minutes on last page. 2. RESOLUTION 20-27 – VILLAGE OF LOS LUNAS EMERGENCY DECLARATION. Fire Chief John Gabaldon presented item two. This is a continuation of the Emergency Declaration (third resolution). This gives us the opportunity to come back and review policies as needed. Councilman Ortiz how often we have to renew resolution. Fire Chief Gabaldon responded every 60 days. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 20-27. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 3. RESOLUTION 20-28 – FY 2021 INTERIM BUDGET ADJUSTMENTS. Ms. Rebekah Klein presented item three. Interim budget adjustments that need council approval – the first is a $1.5 million dollar budget adjustment into the general fund for public safety radio upgrades. New fund that needed to be created, the Intergovernmental Grant Fund, per DFA guidance, we were unable to place these new grants into our general fund. 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 20-28. MOVED: Councilman Jaramillo SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – 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(H), the following matters may be discussed in closed session: hire FT Solid Waste Laborer and a FT Police Officer. APPROVAL: Motion to go into executive session pursuant to NMSA 1978 Section 10-15-1 (H) (2). MOVED: Councilman Ortiz SECONDED: Councilman Jaramillo CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 624PM Mayor Griego asked for a motion from Council to reconvene indicating that they discussed a request to hire FT Solid Waste Laborer and a FT Police Officer. APPROVAL: Motion to approve MOVED: Councilman Munoz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 6:41PM Regarding the position of FT Solid Waste Laborer, Mayor Griego recommended Mr. Alejandra Martinez. APPROVAL: Motion to approve MOVED: Councilman Jaramillo SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST Regarding the position of FT Police Officer, Mayor Griego recommended Mr. Raymond Torres. 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 Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST 5. MINUTES. Mayor Griego asked if there were corrections to the council minutes of September 24, 2020 – there were none. MOTION: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Jaramillo CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 6. ADJOURNMENT. Council meeting adjourned at 6:45PM. ______________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor  MINUTES VILLAGE OF LOS LUNAS THURSDAY, OCTOBER 8, 2020 1. ORDINANCE 453 – SHORT TERM RENTAL HOUSING. Ms. Erin Callahan presented item one. This item was presented at the September 24th Council Meeting at which time we provided summary of the goal of the short-term rental regulation and the bulk of what that ordinance entails and there were a number of questions that came up regarding our enforcement tools related to short term rental properties that may have a nuisance violation. It was suggested that this item be tabled so that questions could be addressed. These items were discussed with legal counsel, Larry Guggino and Police Chief Naithan Gurule, memo was provided to Council to update them on some of the questions that were posed at the previous council meeting. Two of the major concerns were – there was a fifteen (15) day notice period that before a citation could be issued of the violation of the short-term rental ordinance. The concerns were if there is a party violating our nuisance, ordinance they are creating a dangerous situation – it seems like fifteen (15) days is quite a bit of time – shouldn’t we be able to cite immediately. Also, provide clarity about the Police Department’s role in citing for nuisance issues. After review with legal counsel, we updated the following language: in proposed sections 17.54.060, Violations, the following was added to short-term rental ordinance. Any conduct by renter of a dwelling unit operating as a short-term rental those results in citation for noise violation, disorderly conduct, or any criminal complaint during rental period. If that happens once and results in a citation that automatically can be a violation of the short-term rental ordinance. In 17.54.070, Enforcement, the following amendment to notice of violation. Violations that endanger public health, safety and welfare of Village residents or violations of Title 8 and Title 9 of the Village Ordinances will not require a fifteen (15) day notice period and may result in citation to owner/operator. Police Officers can serve as a witness to the violations of the short-term rental ordinance. If convicted, permit can be revoked for 12 (twelve) months and operation must cease in thirty (30) days and a fine of up to $500.00 can be assessed to property owner and renter. Mayor Griego asked Council if they had any comments. Councilman Munoz asked if Police Officers would give citation to party. Chief Gurule replied yes. Councilman Jaramillo commented on a job well done putting together ordinance. Mayor Griego asked the audience if there were any comments. No other comments were made. Mayor Griego asked for a motion to close the public comment. MOTION: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Cruz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Munoz – yes; Councilman Jaramillo – yes) FOR AND 0 AGAINST. 6:18PM