Village of Los Lunas Council Agendas\Minutes

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, OCTOBER 10, 2024 – 6:00P.M. COUNCIL CHAMBERS – 660 MAIN STREET LOS LUNAS, NM 87031 ATTENTION: Village Council meetings are also streamed live via Microsoft TEAMS. You may connect with codes that are available on our website (www.loslunasnm.gov) and/or https://www.loslunasnm.gov/meeting. PLEASE TURN OFF OR MUTE ALL ELECTRONIC DEVICES DURING THE MEETING. YOUR COOPERATION IS APPRECIATED. 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 Input and 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 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. ♦ CALL MEETING TO ORDER. ♦ PLEDGE OF ALLEGIANCE. ♦ APPROVAL OF AGENDA. ♦ PUBLIC INPUT FORUM. GINNY ADAME 1. CONTRACTS – REQUESTING PERMISSION TO ENTER INTO CONTACTS WITH INDIVIDUALS. TAB 1. ACTION REQUESTED OF COUNCIL: Approve or disapprove BACKGROUND AND RATIONALE: Village of Los Lunas/Valencia County DWI Program is requesting to enter into: (1) Contract with Program Coordinator for the Youth Success Core/Mentoring program and (1) Contract with (2) Mentor for the Youth Success Core/Mentoring program. JASON DURAN 2. RESOLUTION 24-26: SERVING ALCOHOLIC BEVERAGES AT OKTOBERFEST. TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove BACKGROUND AND RATIONALE: The Kiwanis Club is holding an Oktoberfest at the Los Lunas Sports Complex which has music, food, along with beer and wine tasting. Chavez Winery, Baca Brewery, Bombs Away Brewery, Black Smuggler Winery, and 377 Brewing are interested in serving/selling Alcoholic beverages during this event. Due to Village Ordinance a resolution is necessary for this to be approved on Village property. GREGORY D. MARTIN 3. RESOLUTION 25-01: VILLAGE OF LOS LUNAS OPEN MEETINGS ACT AND 2025 COUNCIL MEETING DATES AND HOLIDAY SCHEDULE. TAB 3. ACTION REQUESTED OF COUNCIL: Approve or disapprove BACKGROUND AND RATIONALE: Pursuant to the Open Meetings Act, NMSA 1978, staff are seeking Council approval to adopt the 2025 Open Meetings Act Resolution and the 2025 Council Meeting Dates and Holiday Schedule for the Village of Los Lunas. MICHAEL JARAMILLO 4. VILLAGE OF LOS LUNAS RECYCLE CENTER OPERATIONAL CHANGES. ARTURO ROMER TAB 4. JOSHUA CHAVEZ ACTION REQUESTED OF COUNCIL: Informational purposes only.  BACKGROUND AND RATIONALE: The Village of Los Lunas Solid Waste Division was informed by the New Mexico Solid Waste Bureau that changes shall be required to renew the Village of Los Lunas Recycle Center Permit. The Recycle Center can no longer be open to the public unless the Solid Waste Division assigns employees to be on-site during the 24-hour operation. Operation hours will have to change which will impact customer access to our Recycling Center. There is a requirement of recycling 75% of the product received. The Solid Waste Division will have to ensure Recycle Center users are only dropping items that are recyclable; they will have to turn away products that are not recyclable. 5. EXECUTIVE SESSION – pursuant to NMSA 1978 Section §10-15-1(H), the following matters may be discussed in closed session: TAB 5. a) Hire Streets Maintenance Worker – Streets Division / Public Works Department. 6. APPROVAL OF MINUTES. TAB 6. a) Minutes from September 26, 2024, Council Meeting. 7. ADJOURNMENT. If you are an individual with a disability who needs a reader, ampli�ier, quali�ied 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 �ive (5) days prior to council meeting at 839-3840.  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING: October 10, 2024 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Requesting permission to enter into contracts with individuals. ACTION REQUESTED OF COUNCIL: Review and approval or disapproval of contracts. BACKGROUND AND RATIONALE: Village of Los Lunas/Valencia County DWI Program is requesting to enter into: (1) Contract with Program Coordinator for the Youth Success Core/Mentoring program and (1) Contract with Mentor for the Youth Success Core/Mentoring program. The above request is being submitted for the Council’s consideration by the Village of Los Lunas/Valencia County DWI Program: The Program Coordinator for the Youth Success Core resigned leaving that contract position open to be filled. Our program intends to offer that position to the current Youth Mentoring Coordinator leaving that contract position open to be filled. The Youth Success Core (YSC)/Mentoring Program Coordinator position would provide for the coordination and implementation of the YSC/Mentoring program and the YSC Mentor provides implementation of the YSC Program along with Mentoring for youth. Both candidates have experience and training necessary to successfully fill these positions. PRESENTER(S): Ginny Adame _________________________________________  VILLAGE OF LOS LUNAS, NEW MEXICO PROFESSIONAL SERVICES CONTRACT VLL VC DWI YSC/Mentoring Program Coordinator FY25 THIS AGREEMENT is made and entered into by and between the VILLAGE OF LOS LUNAS/VALENCIA COUNTY DWI PROGRAM YOUTH SUCCESS CORE (YSC)/ MENTORING PROGRAM, hereinafter referred to as the "Village" and David Adame, hereinafter referred to as the “Contractor”. IT IS AGREED BETWEEN THE PARTIES: 1. Scope of Work. A. The Contractor shall perform the following work: • Provides Administrative Assistance and Program Coordination for the Village of Los Lunas Valencia County DWI YSC/Youth Mentoring program under the direction/guidance of the Grants Manager, DWI Coordinator. • Attends mandatory training required for mentoring, mentor/volunteer oversite/training, budgeting, contract management, youth mentoring coordination, management/supervision and/or other trainings related to substance misuse prevention/youth mentoring, supervision, management and/or coordination in support of professional growth and development related to the Program Coordinator position. • Works within budgetary/contractual constraints to assist in the development of an annual budget and grant proposal for YSC/Mentoring program/activities. • Prepares, develops, and oversees implementation of policy needed for: fiscal management, volunteer training, background checks, volunteering at community events, pick up and drop off of Mentees/Program Participants, building use, and youth/mentor conduct. • Prepares, develops, and oversees Mentee/Program Participant and Mentor files to include intake forms, Mentee/Program Participant/Mentor applications, Parent Consent Forms, Mentee/Program Participant Surveys, Mentor/Volunteer Background checks, signed policies and ensures proper storage and security of all of the above in alignment with State and Federal Law. • Meets and collaborates as needed with Grants Manager, Mentor Coordinator/Mentor Assistants, Volunteers, Teen Court, Juvenile Probation, local law enforcement agencies, parents/guardians, and community partners regarding the administration and implementation of the YSC/Mentor program/activities. • Provides administrative oversite and supervision of Mentor Coordinator/Mentor Assistants, Volunteers, and Youth Mentees/Program Participants in accordance with the administration, coordination, and implementation of YSC/Mentor programming/activities and ensures proper documentation for programming/activities is maintained and submitted for monthly reports. • Engages in ongoing communication with Youth, Parents/Guardians, Mentor Coordinator, Mentoring Assistants, Courts, Juvenile Probation, Law Enforcement/Emergency Services and other Community Partners regarding YSC/Mentor programming, activities, and community service projects. 1  • Conducts ongoing recruitment of Youth, Mentors, and Volunteers for the YSC/Mentor program and works to ensure program retention of each of the above. • Prepares and shares documentation with fiscal/grant management to follow Village of Los Lunas prescribed policies, procedures, and timelines. • Ensures all Mentor Coordinator/Mentor Assistants and Volunteers have completed proper training, paperwork, and background checks prior to their approval for participation in the YSC/Mentor programming/activities and/or oversite of any program receiving youth. • Attends VLL VC DWI Planning Council Meetings. • Adheres to all grant and Village of Los Lunas, policies, procedures, and directives. • Provides monthly reports, documentation, and ensures submission of invoices to Grant Manager. • Prepares on-going print or publicized media coverage of YSC/Mentor program events/activities. B. Services will be performed within Valencia County with the exception of Village of Los Lunas approved travel for training(s) and/or field trips. C. Performance Measures. Contractor shall substantially complete the following Performance Measures: 1. Implements YSC/Mentoring programming, activities, and community service projects with fidelity to contractual and curriculum guidelines, policies, and procedures. 2. Attends mandatory YSC/mentoring training and additional training as needed to support program coordination, implementation, and management. 3. Assists in preparing an annual grant application, budget, monthly reports and monthly invoicing in accordance with grant/fiscal agent guidelines, policies, procedures, and meeting all deadlines. 4. Prepares, develops, and oversees implementation of policy needed for: fiscal management, volunteer training, background checks, volunteering at community events, pick up and drop off of youth participants, building use, and youth/mentor conduct. 5. Meet with Mentor Coordinator/Mentor Assistants/Grant Manager a minimum of two hours per month and attend mentoring meetings, activities, and community service projects. 6. Provide Administrative oversite for: Mentor Coordinator/Mentor Assistants, Volunteers, and program participants and keep updated records/files for Participants, Mentors including: Mentoring/Volunteer Applications, Parent/Guardian Consent forms, Background checks, Sign-in sheets, participant tracking/report forms, 2  invoices, receipts, pre/posttests, signed policies, and other paperwork as it pertains to the YSC/mentoring program management, programming, activities, and/or events. 7. Assist potential Mentors/Volunteers complete proper paperwork, training, and background checks for those Mentors/Volunteers who wish to provide oversite of any program participants during programming, activities, and/or events. 8. Attend VLL VC DWI Planning Council meetings and/or make arrangements for a representative to attend in Contractor’s absence. (3) days prior notice of absence and/or representative’s attendance on Contractor’s behalf is required under non- emergency circumstances. 9. Submit monthly reports, supporting documentation, and invoices to Grant Manager/DWI Coordinator by the 1st of each month for the previous month’s activities/programming. 10. Prepare bi-annual media releases regarding substance YSC/mentor programming, activities, and/or events. 2. Compensation. A. The total amount payable to the Contractor under this Agreement, shall not exceed $4,965.00. This amount is a maximum and not a guarantee that the work assigned to Contractor under this Agreement to be performed shall equal the amount stated herein. B. The Village shall pay to the Contractor in full payment for services satisfactorily performed at the rate of ($30.00) per hour, ($450.00) and such compensation will not exceed $4,965.00 (as set forth in Paragraph A). The New Mexico gross receipts tax levied on the amounts payable under this Agreement shall be paid by the Contractor. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the Village. All invoices MUST BE received by the Village by the last Friday of the Month in which the services were delivered. “Contractor” must bill on a monthly basis by the last Friday of the month to ensure payment on a timely basis. All invoices MUST BE received by the Village no later than fifteen (15) days after the termination of the contract period in which the services were delivered. Invoices received after such date WILL NOT BE PAID. C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Village finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Village that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. 3  However, the Village shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein. 3. Term. THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL THE VILLAGE HAS GIVEN ADMINISTRATIVE APPROVAL, AND SHALL BECOME FULLY EXECUTED UPON THE DATE OF THE LAST SIGNATOR AND UPON THE LETTER OF AWARD’S DATE OF APPROVAL WHICHEVER IS LATER. This Agreement shall terminate on June 30, 2025 unless terminated pursuant to paragraph 4, infra, or paragraph 5. In accordance with Section 13-1-150 NMSA 1978, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978. 4. Termination. A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least ten (10) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the Village or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of state funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE STATE’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT. B. Termination Management. Immediately upon receipt by either the Village or the Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for contract funds for services or any other expenditure of funds under this Agreement without written approval of the Village; 2) comply with all directives issued by the Village in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Village shall direct for the protection, preservation, retention or transfer of all property titled to the Village and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property of the Village upon termination and shall be submitted to the Village as soon as practicable, but no later than the effective date of termination. 5. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made for the performance of this Agreement. If sufficient appropriations and authorization are not made, this Agreement shall terminate immediately upon written notice being given by the Village to the Contractor. The Village's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Village proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. 4 6. Status of Contractor. The Contractor and its agents and employees are independent contractors performing professional services for the Village and are not employees of The Village of Los Lunas. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of The Village of Los Lunas/Valencia County DWI program as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to The Village of Los Lunas unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 7. Assignment. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Village. 8. Subcontracting. The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Village. 9. Release. Final payment of the amounts due under this Agreement shall operate as a release of the Village from all liabilities, claims and obligations whatsoever arising from or under this Agreement. 10. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Village. 11. Product of Service -- Copyright. All materials developed or acquired by the Contractor under this Agreement shall become the property of the Village of Los Lunas and shall be delivered to the Village no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor. 12. Conflict of Interest; Governmental Conduct Act. The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. The Contractor certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or state employee or former state employee have been followed. 5 13. Amendment. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto. 14. Merger. This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 15. Penalties for violation of law. The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. 16. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. 17. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement. 18. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Village. 6 19. Records and Financial Audit. The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of seven (7) years from the date of final payment under this Agreement. The records shall be subject to inspection by the Village and Grant Funders. The Village shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Village to recover excessive or illegal payments. 20. Indemnification. The Contractor shall defend, indemnify and hold harmless the Village from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Village by certified mail. 21. Invalid Term or Condition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. 22. Enforcement of Agreement. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights. 23. Notices. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: 7  To the Village: Village of Los Lunas 660 Main Street N.W. Los Lunas, NM 87031 To the Contractor: David Adame 19 Milagro Ct. Los Lunas, NM 87031 24. Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represent and warrant that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the Village below. By: Date: Gregory D. Martin, Village Administrator By: Date: Ginny Adame, DWI Coordinator By: Date: David Adame, Contractor 8  VILLAGE OF LOS LUNAS, NEW MEXICO PROFESSIONAL SERVICES CONTRACT VLL VC DWI PROGRAM YSC/ MENTOR FY25 THIS AGREEMENT is made and entered into by and between the VILLAGE OF LOS LUNAS/VALENCIA COUNTY DWI PROGRAM YOUTH SUCCESS CORE (YSC)/YOUTH MENTORING PROGRAM, hereinafter referred to as the "Village" and Patrick K. O'Conner, hereinafter referred to as the “Contractor”. IT IS AGREED BETWEEN THE PARTIES: 1. Scope of Work. A. The Contractor shall perform the following work: • Works under the direction and guidance of the YSC Mentoring Program Coordinator of the Village of Los Lunas Valencia County YSC/Youth Mentoring program under the additional direction/guidance of the Grants Manager, DWI Coordinator. • Attends training required for Mentors and other trainings related to YSC/Youth Mentoring that pertains to professional growth and development related to the program. • Submits requests to Program Coordinator for mentoring programming/activities to be held in addition to YSC/Mentoring plan in accordance with Village of Los Lunas policy, procedures, guidelines and within indicated timelines. • Engages in ongoing communication with Youth and Parent(s)/Guardian(s) of Youth that are being directly supervised along with referring agencies for reporting purposes. • Assists Program Coordinator in conducting recruitment of Youth, Mentors, and Volunteers for the program and works to ensure program retention of each of the above. • Ensures youth/parent(s)/guardian(s) paperwork is completed for all youth under your direct mentorship and submit completed paperwork to Program Coordinator/referring agency designated contact. • Attends DWI Planning Council meetings. • Maintains and submits documentation and reports for youth participants being directly supervised/mentored to include mentoring goals/objectives met, sign-in sheets, and Mentor tracking/report forms for approved programming/activities conducted. • Adheres to all grant and Village of Los Lunas guidelines, policies, procedures, and directives. • Provides monthly reports, documentation, and invoices to Program Coordinator/Grant Manager. B. Services will be performed within Valencia County with the exception of Village approved travel for training(s) and/or field trips. C. Performance Measures. Contractor shall substantially complete the following Performance Measures: 1  1. Assist the Program Coordinator in the implementation of curriculum, programming, activities, and community service projects with fidelity to contractual and curriculum guidelines, policies, and procedures. 2. Attend mandatory training as needed to support program implementation. 3. Meet with Youth/Mentees a minimum of one hour per week or two hours bi-weekly to assist in the administration and implementation of curriculum and to conduct mentoring meetings, activities, and community service projects. 4. Assist the Program Coordinator in recruitment of youth mentees, peer mentors, and/or adult mentors/volunteers on a monthly basis. Meet monthly with youth mentees/participants, their parent(s)/guardian(s), and Mentor Coordinator to ensure ongoing assessment of programming/activities to maintain retention/program satisfaction and engagement. 5. Prepare and submit paperwork to the Program Coordinator for prior approval and calendaring of programming/activities. 6. Attend DWI Planning Council meetings and/or make arrangements for a representative to attend in Contractor’s absence. (3) days prior notice of absence and/or representative’s attendance on Contractor’s behalf is required under non- emergency circumstances. 7. Assist the Program Coordinator with planning and conducting community service project(s) and community events. 8. Ensures compliance with all grant and Village of Los Lunas guidelines, policies, procedures, and directives. 9. Submit monthly reports, supporting documentation, and invoices to Program Coordinator/Grant Manager by noon on the last day of each month for that month’s activities/programming. 2. Compensation. A. The total amount payable to the Contractor under this Agreement, shall not exceed $3,375.00. This amount is a maximum and not a guarantee that the work assigned to Contractor under this Agreement to be performed shall equal the amount stated herein. B. The Village shall pay to the Contractor in full payment for services satisfactorily performed at the rate of ($25.00) per hour or ($375.00) per month, and such compensation will not to exceed $3,375.00 (as set forth in Paragraph A). The New Mexico gross receipts tax levied on the amounts payable under this Agreement shall be paid by the Contractor. Payment is subject to availability of funds pursuant to the Appropriations Paragraph set forth below and to any negotiations between the parties from year to year pursuant to Paragraph 1, Scope of Work, and to approval by the Village. All invoices MUST BE received by the 2  Village by the last Friday of the Month in which the services were delivered. “Contractor” must bill on a monthly basis by the last Friday of the month to ensure payment on a timely basis. All invoices MUST BE received by the Village no later than fifteen (15) days after the termination of the contract period in which the services were delivered. Invoices received after such date WILL NOT BE PAID. C. Contractor must submit a detailed statement accounting for all services performed and expenses incurred. If the Village finds that the services are not acceptable, within thirty days after the date of receipt of written notice from the Contractor that payment is requested, it shall provide the Contractor a letter of exception explaining the defect or objection to the services, and outlining steps the Contractor may take to provide remedial action. Upon certification by the Village that the services have been received and accepted, payment shall be tendered to the Contractor within thirty days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, the Village shall not incur late charges, interest, or penalties for failure to make payment within the time specified herein. 3. Term. THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL THE VILLAGE HAS GIVEN ADMINISTRATIVE APPROVAL, AND SHALL BECOME FULLY EXECUTED UPON THE DATE OF THE LAST SIGNATOR AND UPON THE LETTER OF AWARD’S DATE OF APPROVAL WHICHEVER IS LATER . This Agreement shall terminate on June 30, 2025 unless terminated pursuant to paragraph 4, infra, or paragraph 5. In accordance with Section 13-1-150 NMSA 1978, no contract term for a professional services contract, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978. 4. Termination. A. Termination. This Agreement may be terminated by either of the parties hereto upon written notice delivered to the other party at least ten (10) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Notwithstanding the foregoing, this Agreement may be terminated immediately upon written notice to the Contractor if the Contractor becomes unable to perform the services contracted for, as determined by the Village or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of state funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE STATE’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT. B. Termination Management. Immediately upon receipt by either the Village or the Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for contract funds for services or any other expenditure of funds under this Agreement without written approval of the Village; 2) comply with all directives issued by the Village in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Village shall direct for the protection, preservation, retention or transfer of all property titled to the Village and records generated under this Agreement. Any non-expendable personal property or equipment provided to or purchased by the Contractor with contract funds shall become property 3 of the Village upon termination and shall be submitted to the Village as soon as practicable, but no later than the effective date of termination. 5. Appropriations. The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by The Village for the performance of this Agreement. If sufficient appropriations and authorization are not made by The Village, this Agreement shall terminate immediately upon written notice being given by the Village to the Contractor. The Village's decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Village proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or to agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment. 6. Status of Contractor. The Contractor and its agents and employees are independent contractors performing professional services for the Village and are not employees of The Village of Los Lunas. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of vehicles, or any other benefits afforded to employees of The Village of Los Lunas as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to The Village of Los Lunas unless the Contractor has express written authority to do so, and then only within the strict limits of that authority. 7. Assignment. The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Village. 8. Subcontracting. The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Village. 9. Release. Final payment of the amounts due under this Agreement shall operate as a release of the Village from all liabilities, claims and obligations whatsoever arising from or under this Agreement. 10. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Village. 4 11. Product of Service -- Copyright. All materials developed or acquired by the Contractor under this Agreement shall become the property of the Village of Los Lunas and shall be delivered to the Village no later than the termination date of this Agreement. Nothing developed or produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor. 12. Conflict of Interest; Governmental Conduct Act. The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. The Contractor certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or state employee or former state employee have been followed. 13. Amendment. This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto. 14. Merger. This Agreement incorporates all the Agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, Agreements and understandings have been merged into this written Agreement. No prior Agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 15. Penalties for violation of law. The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks. 16. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies. 17. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, 5 Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement. 18. Workers Compensation. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, this Agreement may be terminated by the Village. 19. Records and Financial Audit. The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of seven (7) years from the date of final payment under this Agreement. The records shall be subject to inspection by Grant Funders and the Village. The Village shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Village to recover excessive or illegal payments. 20. Indemnification. The Contractor shall defend, indemnify and hold harmless the Village from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, subcontractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or subcontractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or subcontractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Village by certified mail. 21. Invalid Term or Condition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. 22. Enforcement of Agreement. A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights. 23. Notices. Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows: 6  To the Village: Village of Los Lunas 660 Main Street N.W. Los Lunas, NM 87031 To the Contractor: Patrick K. O’Conner 8 Calle Ristra Los Lunas New Mexico 87031 24. Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represent and warrant that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date of signature by the Village below. By: Date: Gregory D. Martin, Village Administrator By: Date: Ginny Adame, DWI Coordinator By: Date: Patrick K. O’Conner, Contractor 7 8  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING October 10, 2024 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Serving Alcoholic Beverages at Oktoberfest ACTION REQUESTED OF COUNCIL: Approve or Disapprove Resolution 24-26 BACKGROUND AND RATIONALE: The Kiwanis Club is holding an Oktoberfest at the Los Lunas Sports Complex which has music, food, along with beer and wine tasting. Chavez Winer, Baca Brewery, Bombs Away Brewery, Black Smuggler Winery, and 377 Brewing are interested in serving/selling Alcoholic beverages during this event. Due to Village Ordinance a resolution is necessary for this to be approved on Village property. PRESENTER(S): Jason Duran, Parks and Recreation Director Event Information Oktoberfest will be a celebration with delicious food, refreshing drinks, live music, and exciting games for all ages sponsored by the Kiwanis Club and Valencia County Greater Chamber of Commerce. Local vendors from the community will be there as well, so whether you're a beer connoisseur or just looking for a good time, this event has something for everyone. Alcohol vendors include Chavez Winery, Baca Brewery, Bombs Away Brewery, Black Smuggler Winery, and 377 Brewing. Don't miss out on the opportunity to experience the vibrant atmosphere of our Village during this festive season. Mark your calendars and bring your friends and family along for a day of laughter and memories at the Village of Los Lunas Octoberfest! Located at the Los Lunas Sports Complex On October 19, 2024 from 12pm to 6pm.  VILLAGE OF LOS LUNAS RESOLUTION #24-26 WHEREAS, Chavez Winery, Baca Brewery, Bombs Away Brewery, Black Smuggler Winery, 377 Brewing (all community based businesses) has requested a resolution in support of selling alcoholic beverages at the Oktoberfest Celebration at Los Lunas Sports Complex (Property address; 1603 Hwy 314) on Saturday, October 19, 2024 for a community special event; and WHEREAS, they would like to sell; serve alcoholic beverages within a control fenced perimeter; and WHEREAS, they will follow all local, state and federal laws in the consumption and possession of alcoholic beverages, in addition; to the attached additional resolution approved by council; and WHEREAS, they will provide all documentation (necessary permits, and insurance requirements) to Village Administrator and Parks and Recreation Director for final approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE VILLAGE OF LOS LUNAS: The Applicant understands and acknowledges that it must comply with all of the terms and conditions herein (if any), and all other applicable requirements of the Village or other governmental agencies applicable to the approval granted herein. In accordance with Title 9 Public Places, Morals and Welfare; Chapter 9.16 Offences of Public Decency Section 9.16.080 of the Los Lunas Municipal Code, The Council may revoke this approval upon a determination that the Applicant or its successor or designee is in non-compliance with this Resolution or the Village Code. Failure to adhere to the terms and conditions of approval contained herein is a violation of the Village Code and persons found violating the conditions shall be subject to the penalties prescribed by the Village Code. PASSED, SIGNED, APPROVED, AND ADOPTED, THIS 10th DAY OF October, 2024. Charles Griego, Mayor ATTEST: Gregory D. Martin, Village Administrator  INTERNAL AGENDA REQUESTFORM DATE OF COUNCIL MEETING 10/10/24 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Resolution 25-01 – VILLAGE OF LOS LUNAS OPEN MEETINGS ACT RESOLUTION, 2025 COUNCIL MEETING DATES, AND HOLIDAY SCHEDULE. ACTION REQUESTED OF COUNCIL: APPROVE OR DISAPPROVE. BACKGROUND AND RATIONALE: Pursuant to the Open Meetings Act, NMSA 1978, staff are seeking Council approval to adopt the 2025 Open Meetings Act Resolution and the 2025 Council Meeting Dates and Holiday Schedule for the Village of Los Lunas. PRESENTER(S): Gregory D. Martin, Village Administrator  RESOLUTION 25-01 VILLAGE OF LOS LUNAS OPEN MEETINGS RESOLUTION A RESOLUTION ESTABLISHING RULES OF PROCEDURE FOR TRANSACTION OF ALL MATTERS PRESENTED TO THE MAYOR AND COUNCIL OF THE VILLAGE OF LOS LUNAS, PRESENTING DETAILED RULES OF CONDUCT THEREOF, ESTABLISHING POLICY AND PROCEDURE WITH REFERENCE TO NOTICE OF GENERAL, SPECIAL, AND EMERGENCY MEETINGS OF THE MUNICIPAL COUNCIL. WHEREAS, 25-01 Open Meetings Resolution will replace Open Meetings Resolution 24-01; and WHEREAS, the Los Lunas Mayor and Council met on Thursday, October 10, 2024 at 6:00pm as required by law; and WHEREAS, Section 10-15-l(B) of the Open Meetings Act (NMSA 1978. Sections 10-15-1 to -4) states that, except as may be otherwise provided in the Constitution or the provisions of the Open Meetings Act, all meetings of a quorum of members of any board, council, commission, administrative adjudicatory body or other policymaking body of any state or local public agency held for the purpose of formulating public policy, discussing public business or for the purpose of taking any action with the authority of or the delegated authority of such body, are declared to be public meetings open to the public at all times; and WHEREAS, any meetings subject to the Open Meetings Act at which the discussion or adoption of any proposed ordinance, resolution, rule, or regulation for formal action shall be held only after reasonable notice to the public; and WHEREAS, Section 10-15-1(B) of the Open Meetings Act requires the Mayor and Council to determine annually what constitutes reasonable notice of its public meetings; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council that: 1) All meetings shall be held at the Village of Los Lunas Council Chamber located at 660 Main Street, Los Lunas, NM 87031, and/or via the Internet using appropriate virtual meeting or video conferencing software, at 6:00PM, or as indicated in the meeting notice. 2) Unless otherwise specified, regular meetings shall be held each month as indicated on the attached calendar. The agenda will be available at least seventy-two (72) hours prior to the scheduled meeting, posted at the following locations: the bulletin board located in the lobby of the Village Hall, located at 660 Main Street. Los Lunas, NM; posted on the bulletin board at the Los Lunas Public Library located at 460 Main Street in Los Lunas, NM; and posted on the Village of Los Lunas website (www.loslunasnm.gov). 3) Special meetings may be called by the Mayor or a majority of the council members upon seventy- two 72) hours' notice. The notice for all special meetings shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda. 4) Emergency meetings will be called only under unforeseen circumstances that demand immediate action to protect the health, safety and property of citizens or to protect the public body from substantial financial loss. The Mayor and Council will avoid emergency meetings whenever possible. The notice for all emergency meetings shall be given as soon as practicable and shall include an agenda for the meeting or information on how the public may obtain a copy of the agenda. 5) For the purposes of regular meetings described in paragraph two (2) of this resolution, and designated on the attached calendar, notice required is met if the notice of the date, time, place and the manner in which a copy of the agenda may be obtained is posted on the bulletin board in the Village Hall lobby located at 660 Main Street, Los Lunas, NM; posted on the bulletin board at the Los Lunas Public Library located at 460 Main Street, Los Lunas, NM; and posted on the Village of Los Lunas website (www.loslunasnm.gov). Copies of the written notice shall also be emailed to those broadcast stations licensed by the Federal Communications Commission and newspapers of general circulation that have made a written request for notice of public meetings. 6) For the purposes of special meetings and emergency meetings described in paragraph 3 and 4 of this resolution, notice requirements are met if notice of the date, time, place and agenda is provided by email to newspapers of general circulation in the state and posted on the bulletin board located in the lobby of the Village of Los Lunas located at 660 Main Street, Los Lunas, NM; posted on the bulletin board at the Los Lunas Public Library located at 460 Main Street, Los Lunas, NM; and the Village of Los Lunas website (www.loslunasnm.gov). Copies of the notice shall also be emailed to those broadcast stations licensed by the Federal Communications Commission and newspaper of general circulation that have made a written request for notice of public meetings. 7) In addition to the information specified above, all notices shall include the following language: 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 Village of Los Lunas five (5) days prior to council meeting or as soon as possible at 505/839-3840. Public documents, including the agenda and minutes can be provided in various accessible formats. 8) When it is necessary, due to circumstances such as a declared Public Health Order limiting public gatherings, or otherwise difficult or impossible for the Mayor or Council members to attend a meeting in person, the Mayor or Council members may participate in the meeting by means of conference telephone, virtual meeting or video conferencing software, or other similar communications equipment, provided that each member participating can be identified when speaking, all participants are able to hear each other at the same time, and members of the public attending the meeting are able to hear any member of the government body who speaks during the meeting. 9) The Mayor and Council may close a meeting to the public only if the subject matter of such discussion or action is exempted from the open meeting requirements under Section 10-15-1(H) of the Open Meetings Act.  a) If any meeting is closed during an open meeting, such closure shall be approved by a majority vote of a quorum of the Mayor and Council taken during the open meeting. The authority for the closed meeting and the subjects to be discussed shall be stated with reasonable specificity in the motion to close and the vote of each individual member on the motion to close shall be recorded in the minutes. Only those subjects specified in the motion may be discussed in the closed meeting. b) If a decision to hold a closed meeting is made when the Mayor and Council are not in an open meeting. the closed meeting shall not be held until public notice, appropriate under the circumstances, stating the specific provision of the law authorizing the closed meeting and the subjects to be discussed with reasonable specificity, is given to the members and to the general public. c) Following completion of any closed meeting, the minutes of the open meeting that was closed, or the minutes of the next open meeting if the closed meeting was separately scheduled, shall state whether the matters discussed in the closed meeting were limited only to those specified in the motion or notice for closure. d) Except as provided in Section 10-15-1(H) of the Open Meetings Act, any action taken as a result of discussions in a closed meeting shall be made by vote of the Mayor and Council in an open public meeting. PASSED, APPROVED AND ADOPTED by the governing body at its regular meeting of October 10, 2024. Charles Griego, Mayor ATTEST: Gregory D. Martin, Village Administrator 2025 COUNCIL MEETING AND HOLIDAY SCHEDULE JANUARY Council Meetings: 1/16 & 1/30 Holiday(s): 1/1 – New Year’s Day 1/20 – Martin Luther King Day FEBRUARY Council Meetings: 2/13 & 2/27 Holiday(s): 2/17 – Presidents’ Day MARCH Council Meetings: 3/13 & 3/27 APRIL Council Meetings: 4/10 & 4/24 Holiday(s): 4/18 – Good Friday / Easter Holiday MAY Council Meetings: 5/8 & 5/22 Holiday(s): 5/26 - Memorial Day JUNE Council Meetings: 6/12 & 6/26 Holiday(s): 6/19 – Juneteenth JULY Council Meetings: 7/10 & 7/24 Holiday(s): 7/4 – Independence Day AUGUST Council Meetings: 8/7 & 8/21 SEPTEMBER Council Meetings: 9/4 & 9/18 Holiday(s): 9/1 – Labor Day OCTOBER Council Meetings: 10/9 & 10/23 NOVEMBER Council Meetings 11/6 & 11/20 Holiday(s): 11/11 – Veterans Day 11/27 & 11/28 – Thanksgiving Holiday DECEMBER Council Meetings: 12/4 & 12/18 Holiday(s): 12/24 & 12/25 – Christmas Holiday  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING October 10th, 2024 (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Village of Los Lunas Recycle Center Operational Changes ACTION REQUESTED OF COUNCIL: Informational BACKGROUND AND RATIONALE: The Village of Los Lunas Solid Waste Division was informed by the New Mexico Solid Waste Bureau that changes shall be required to renew the Village of Los Lunas Recycle Center Permit. The Recycle Center can no longer be open to the public unless the Solid Waste Division assigns employees to be on-site during the 24-hour operation. Operation hours will have to change which will impact customer access to our Recycling Center. There is a requirement of recycling 75% of the product received. The Solid Waste Division will have to ensure Recycle Center users are only dropping items that are recyclable; they will have to turn away products that are not recyclable. PRESENTER(S): Michael C. Jaramillo Village of Los Lunas Arturo Romero Village of Los Lunas Joshua Chavez Village of Los Lunas Status Rating Interview-Scheduled 09/25/2024 08:00 AM Pass, 4.5/5.00  MINUTES VILLAGE OF LOS LUNAS THURSDAY, SEPTEMBER 26, 2024 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, September 26, 2024, in regular session at 6:00 PM. Roll call was taken, and the following were present: Mayor Charles Griego, Councilman Christopher Ortiz, Councilman Cruz Munoz, Councilman James Runyon, and Councilman Gino Romero. The meeting was conducted in person and recorded through TEAMS. Mayor: Charles Griego Mayor Pro Tem: Gino Romero Council: James Runyon Christopher Ortiz Cruz Munoz Also present were Gregory D. Martin, Debra Sanchez, Erin Callahan, Craig Donohue, and Luis Brown. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. RESOLUTION 24-22: GO BOND 2 FOR LIBRARY ACQUISITIONS. 2. ORDINANCE 276-2024-03: AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 3. RESOLUTION 24-18: A RESOLUTION PERMITTING A SPECIAL USE AMENDMENT OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEWMEXICO. 4. RESOLUTION 24-23: PROPERTY LOCATED AT 702 LOS LENTES RD. SE TO BE A PUBLIC NUISANCE. 5. SECOND AMENDED LEASE PURCHASE AGREEMENT BETWEEN VILLAGE OF LOS LUNAS AND THE SCHOOL OF DREAMS EDUCATIONAL FOUNDATION. 6. EXECUTIVE SESSION: a) Promotion (Police Sergeant) – Police Department. b) Hire Police Officer – Police Department. 7. APPROVAL OF MINUTES: a) Minutes from September 12, 2024, Council Meeting. 8. ADJOURNMENT. • 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 Ed to lead the Council and TEAMS participants in the Pledge of Allegiance. • APPROVAL OF AGENDA. Mayor Griego asked if there were any changes to the council agenda – there were none. He then asked for a motion from Council. APPROVAL: Motion to approve agenda MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. • PUBLIC INPUT FORUM. None. 1. RESOLUTION 24-22: GO BOND 2 FOR LIBRARY ACQUISITIONS. Ms. Cynthia Shetter presented item one. The November 5th statewide election will provide $19.266 million for public, schools, academic and tribal libraries – the Los Lunas Library is seeking the council’s support for this bond. Mayor Griego asked if there was a decision from Council. APPROVAL: Motion to approve resolution 24-22. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; ITEMS 2 & 3 WILL BE HEARD TOGETHER, TESTIMONY WILL BE HEARD, BUT WITH SEPARATE MOTIONS/APPROVALS. 2. ORDINANCE 276-2024-03: AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a motion to recess in regular session and reconvene in a public hearing. APPROVAL: Motion to approve MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 6:05PM – minutes are on last page. Participants were sworn in whom wanted to speak. Mayor Griego asked for a motion on ordinance 276-2024-03. APPROVAL: Motion to approve ordinance 276-2024-03 and adopt the findings of Planning & Zoning and there was no opposition. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 3. RESOLUTION 24-18: A RESOLUTION PERMITTING A SPECIAL USE AMENDMENT OF A DESIGNATRED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mayor Griego asked for a motion to remove from tabled status (tabled at 8/22/23 council meeting). APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Minutes are on last page. Mayor Griego asked for a motion on resolution 24-18. APPROVAL: Motion to approve resolution 24-18 and adopt the findings of Planning & Zoning and there was no opposition. MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 4. RESOLUTION 24-23: PROPERTY LOCATED AT 702 LOS LENTES RD. SE TO BE A PUBLIC NUISANCE. Mr. Alex Ochoa presented item four. This is property located at 702 Los Lentes Rd. SE – declared a public nuisance. The property owners are Jerome Thompson and Patricia Harris Thompson. Summary of property issues: the property has been determined to be a public nuisance and a threat to public comfort, health, peace, and safety due to the accumulation of weeds, trash, debris, and inoperable vehicles. The responsible party has taken no action to resolve these violations through the code enforcement process. Under section 3-18-15 NMSA 1978, “dangerous building or debris; removal; notice; right of municipality to remove, lien, the governing body of the municipality has the authority to declare any property covered with ruins, rubbish, wreckage, or debris a menace to public comfort, health, peace and safety and require the removal of these nuisances within ten days. If the property owner fails to comply, the municipality may remove the public nuisance at the property owner’s expense. Alex shared some photos with Council that were not included in Council packets. Mayor Griego asked for a recommendation. APPROVAL: Motion to approve resolution 24-23. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 5. SECOND AMENDED LREASE PURCHASE AGREEMENT BETWEEN VILLAGE OF LOS LUNAS AND THE SCHOOLS OF DREAMS EDUCATIONAL FOUNDATION. Ms. Erin Callahan presented five. This is the first follow-up item to the RFP that we put out over the summer for parcel 2 south of the current School of Dreams Academy site at 908 Juan Perea Rd. The Village accepted a proposal by the School of Dreams Education Foundation to expand their full master planning for the campus onto the second parcel so they would have that entire approximately 20.5-acre site. In order to move that to the next step, then that means that we need t amend their lease purchase agreement. Currently, the village is in a lease purchase agreement for parcel one with the School of Dreams. Both legal counsels have worked together to review this amended agreement. Everybody is comfortable with the terms. The village has also worked to make sure that the School of Dreams does have time constraints, that they are looking to met for getting this agreement approved so that they can pursue their state funding that would allow them to develop the entire camp. We have clarified language throughout the document pertaining to the term of the agreement and the option dates of the agreement. The agreement is currently based off the amortization schedule which ends December 31, 2039. Within the document in the appendices is the special warranty deed that eventually if soda with soda does option the property, then they will instead of having a lease purchase agreement then they'll, you know, deed them the property. Fed through a special warranty deed, we changed the language on the special warranty deed to add additional time where we're saying that this site needs to remain in use as a school. This also pertains to development, but there's language in the current lease purchase agreement that basically offers expedited timelines on building permit review. Since we don't review the building permits anymore, we can't make we can't go into that agreement on behalf of CID. Councilman Munoz inquired about the funding. Mr. Ogas approached the podium - so far what we said we were going to do; we have submitted a letter of application to the public-School Facilities authority to fund the project. We also have met with the New Mexico Finance Authority in case there is a match that is needed. You know what amount of match there is, but we're anticipating up to anywhere between 10 and 15% of a match, although the local match is about 52%. Moving forward on this is that we understand that they need to have the agreement and have site control to apply for all these many millions of dollars of funding and that we don't desire to set any timelines that say, well, we're not going to approve this agreement until you show us that you have your state funding. So we are moving forward under the agreement on the assumption that we're going to go ahead and lease them parcel 2 and let them get in the best position to be able to get that state funding moving forward. Mayor Griego asked if there were any more comments – there were none. Mayor Griego asked if there was a motion from council. APPROVAL: Motion to approve the second amended lease purchase agreement. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 6. 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 a closed session: promotions: police officer and police sergeant. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Adjourned at 6:38PM At 7:01PM, Mayor Griego asked for a motion from Council to reconvene after discussion: promotions: police officer and police sergeant. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Romero CARRIED: Motion passed on a vote of 4 (Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Regarding the promotion to Sergeant – Mayor Griego recommended Marco Salcido. APPROVAL: Motion to approve. MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. Regarding the hiring of a Police Officer – Mayor Griego recommended Gorge Lopez. 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 James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 6. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of September 12, 2024 – there were none. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 7. ADJOURNMENT. Council meeting adjourned at 7:05PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor  MINUTES VILLAGE OF LOS LUNAS THURSDAY, SEPTEMBER 12, 2024 2. ORDINANCE 276-2024-03: AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mr. Alex Ochoa presented item two. This is a zone change application – Eric Zamora is the applicant representing the Archdiocese of Santa Fe real estate corporation / San Clemente Parish. The property address is 267 and 275 Don Diego St. NE, application date was August 15, 2024. This item was heard at the P&Z on September 18, 2024. Explanation of request, zone change from R-1 to S-U to conform with the zoning of the rest of the development in preparation for lot consolidation. The purpose of use is for institutional and residential use. Eric Zamora approached the podium – he serves on the building committee for the parish. The properties will be consolidated – properties are made up of nine separate properties and want to consolidate everything into one lot. Mayor Griego asked if anyone in the audience wanted to speak either for or against the proposed zone change – there were none. 3. RESOLUTION 24-18: A RESOLUTION PERMITTING A SPECIAL USE AMENDMENT OF A DESIGNATRED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. Mr. Alex Ochoa presented item three. This application is for a special use amendment. Property owner is the Archdiocese of Santa Fe real estate corporation. The property address is 435 Coronado St. NE / 244 Luna Ave. NE (multiple). Item was heard by P&Z on August 7th and table to September 18th. Explanation of request, application is requesting a special use amendment for the purpose of allowing facilities improvements with a chapel, parish hall, offices and classrooms. The proposed use is for institutional and residential uses. The zoning is in Council District 4 – Councilman James Runyon. Both properties are located in the FEMA flood zone X. We dd not receive any calls in opposition or in favor of the request. The application is compliant with he municipal code in the comprehensive plan ad all staff comments are included in the council packet. There were no questions from Council. Mayor Griego asked for a motion to close the public hearing process and to take action on items two and three in regular session. APPROVAL: Motion to approve MOVED: Councilman Runyon SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 0 AGAINST. 6:16PM