Village of Los Lunas Council Agendas\Minutes

VILLAGE OF LOS LUNAS REGULAR COUNCIL MEETING AGENDA THURSDAY, JANUARY 16, 2025 – 6:00 P.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. DAVID WILLIAMS 1. PRESENTATION: INFORMATION RELATED TO META’S SUSTAINABILITY EFFORTS. TAB 1. ACTION REQUESTED OF COUNCIL: INFORMATIONAL. BACKGROUND AND RATIONALE: Meta is committed to sustainability and will be sharing a presentation of information related to its water-saving initiatives in the region. Meta’s goal is to restore more water into local watersheds in New Mexico than consumed by supporting water restoration and conservation projects led by local community partners. VICTORIA ARCHULETA 2. RESOLUTION 24-28: REQUEST FOR VILLAGE FUNDING FOR AN AFFORDABLE, MULTIFAMILY, SENIOR & RYAN LABER HOUSING DEVELOPMENT. TAB 2. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: A resolution approving an allocation of village funding for a qualifying, affordable, federal low-income housing tax credit, multi-family housing development for seniors, subject to award of said tax credits by the New Mexico mortgage finance authority as part of their 2025 or 2026 low-income housing tax credit competition. MICHAEL JARAMILLO 3. PLASTIKGAS: ADDENDUM TO A DEPOSIT AGREEMENT. TAB 3. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Village of Los Lunas Public Works Department has continued to communicate and evaluate PLASTIKGAS within the Solid Waste Division for the past year. Currently, the Village of Los Lunas approved a $200,000 deposit to PLASTIKGAS to hold the Recycling Plant until the NM Environment Department Solid Waste Bureau approves of the Recycling Facility at the Los Lunas Transfer Station. This approval has been received; however, because of the additional time taken for approval, PLASTIKGAS has requested an addendum of $300,000 to the deposit agreement. It has been determined that a 4-ton plant could support the needs of converting plastics into gasoline, diesel, and kerosene here in the Village of Los Lunas. PLASTIKGAS has offered a $3.5 million Plastic Recycling Plant to the Village of Los Lunas now at $1.8 million due to a price increase. NATHAN RUNYAN 4. RESOLUTION 25-04: REQUEST FOR VILLAGE TO CONSIDER INDUCEMENT RESOLUTION. TAB 4. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: Taft law firm (formerly Sherman & Howard, LLC), acting as bond counsel for the Village of Los Lunas, will be presenting an Inducement and Notice Resolution for an Industrial Revenue Bond (IRB) Application submitted by esVolta Development, LLC, pertaining to a request to design, construct, acquire, equip, install and operate a battery energy storage facility within the Village limits. The Village Council will consider an Inducement and Notice Resolution for adoption, including authorization to publish notice of intent to adopt the IRB Ordinance. MICHAEL JARAMILLO 5. BID AWARD: LGTPF CASTILLO DRIVE ROADWAY IMPROVEMENT. TAB 5. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Public Works Department received three (3) bids for the LGTPF Castillo Drive Roadway Improvement Project. This project is funded through the New Mexico Department of Transportation (NMDOT) Local Government Road Fund (LGRF), and local Village funds. These funds have been allocated for full-depth reclamation to include new ADA sidewalks, storm water drainage and roadway markings. The amount of $570,000.00 is NMDOT LGRF while the Village match is $30,000.00 (5%). This project is budgeted within the FY 2025 Infrastructure Fund. Engineer’s Estimate $1,300,085.00 In addition, a budget adjustment will be required with GL# 25-406-5691. Bids received excluding NMGRT: Desert Fox Paving Inc. $1,467,657.50 H.O Construction $1,503,050.00 Albuquerque Asphalt $1,508,212.50 MICHAEL JARAMILLO 6. BID AWARD: LGTPF CARSON DRIVE ROADWAY IMPROVEMENT. TAB 6. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Public Works Department received three (3) bids for the LGTPF Carson Drive Roadway Improvement Project. This project is funded through the New Mexico Department of Transportation (NMDOT) Local Government Road Fund (LGRF), and local Village funds. These funds have been allocated for full-depth reclamation to include new ADA sidewalks, storm water drainage and roadway markings. The amount of $1,282,500.00 is NMDOT LGRF while the Village match is $67,500.00 (5%). This project is budgeted within the FY 2025 Infrastructure Fund. Engineer’s Estimate $2,661,470.00. Bids received excluding NMGRT: H.O Construction $2,742,430.00 Albuquerque Asphalt $2,779,354.65 Desert Fox Paving Inc. $2,804,949.00 MARCOS CASTILLO 7. EXTENSION OF SUMMER YOUTH EMPLOYMENT PROGRAM FROM ONE (1) TO TWO (2) MONTHS IN DURATION. TAB 7. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Human Resources Department, with support from the Leadership Team, seeks Council approval to extend the Summer Youth Employment Program from a one-month program that runs in June, to a two-month program that runs through the end of July. See attached memo. 8. EXECUTIVE SESSION – pursuant to NMSA 1978 Section §10-15-1(H), the following matters may be discussed in closed session: TAB 8. a) Discussion regarding the purchase, acquisition or disposal of Village of Los Lunas owned water rights for potential economic development opportunities. b) Hire Park Technician I – Parks Division / Parks & Recreation Department. c) Hire 2-Operators in Training – Water Division / Public Works Department.  9. APPROVAL OF MINUTES. TAB 9. a) Minutes from December 19, 2024, Council Meeting. 10. 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 _Thursday, January 16, 2024__ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Presentation of Information Related to Meta’s Sustainability Efforts ACTION REQUESTED OF COUNCIL: Informational Only BACKGROUND AND RATIONALE: Meta is committed to sustainability and will be sharing a presentation of information related to its water-saving initiatives in the region. Meta’s goal is to restore more water into local watersheds in New Mexico than consumed by supporting water restoration and conservation projects led by local community partners. PRESENTER(S): ____David Williams, Community Development Regional Manager, Meta____________  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING _Thursday, December 19, 2024__ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Resolution 24-28: Request for Village funding for multifamily, senior housing development ACTION REQUESTED OF COUNCIL: Approve or Disapprove BACKGROUND AND RATIONALE: A RESOLUTION APPROVING AN ALLOCATION OF VILLAGE FUNDING FOR FEDERAL LOW­INCOME HOUSING TAX CREDIT PROJECTS FOR AN AFFORDABLE MULTI-FAMILY HOUSING DEVELOPMENT, SUBJECT TO AWARD OF SAID TAX CREDITS BY THE NEW MEXICO MORTGAGE FINANCE AUTHORITY AS PART OF THEIR 2025 OR 2026 LOW-INCOME HOUSING TAX CREDIT PROCESS. PRESENTER(S): ____ Victoria Archuleta, Senior Economic Developer ____________  RESOLUTION 24-28 A RESOLUTION APPROVING THE COMMITMENT OF AN ALLOCATION OF VILLAGE FUNDING FOR A FEDERAL LOW­INCOME HOUSING TAX CREDIT PROJECT FOR AQUALIFYING AFFORDABLE MULTI- FAMILY HOUSING DEVELOPMENT, CONTINGENT UPON AWARD OF SAID TAX CREDITS BY THE NEW MEXICO MORTGAGE FINANCE AUTHORITY AS PART OF THEIR 2025 OR 2026 LOW-INCOME HOUSING TAX CREDIT APPLICATION PROCESS. WHEREAS, the Village of Los Lunas (“Village”) recognizes the need for affordable housing and the need for rental units in the Village for low-income and households; and WHEREAS, the Village, pursuant to Ordinance No. 404, has adopted Title 18 – Affordable Housing Ordinance, of the Los Lunas Municipal Code (“Code”), in order to implement the Valencia County/Village of Los Lunas Affordable Housing Plan (“Plan”), allowing the Village to grant assistance for qualified affordable housing projects; and WHEREAS, the Village has received a request for funding assistance to create the Plaza Luna Lofts, an affordable senior housing project, from Spire Development; and WHEREAS, Spire Development (“Spire”) has been approved by the Village as a qualifying grantee, as defined in Section 18.04.030 of the Code and as evidenced by letter from the Village to Spire dated [_________, 2024]; and WHEREAS, Spire intends to apply for Low-Income Housing Tax Credit (“LIHTC”) funding through the New Mexico Mortgage Finance Authority (“MFA”), which awards application points to agencies leveraging resources from local governments and the efficient use of tax credits; and WHEREAS, this Village funding also provides an opportunity to invest funds in projects that directly address the low- income affordable housing needs in the community consistent with the Plan; and WHEREAS, the proposed Resolution is to commit to the allocation of up to $500,000 of Village funds in total direct investment and $975,000 of Village funds in a soft loan as part of the total development costs to a 61 unit affordable senior housing project located at 880 Juan Perea Road SE known as the Plaza Luna Lofts (“Project”) contingent upon the Project receiving an award of LIHTC allocation from the MFA during the 2025 or 2026 competitive allocation pools; and WHEREAS, in order to meet MFA's LIHTC application deadline, Spire is requesting a commitment for the allocation of Village funds be made prior to January 14, 2025; and WHEREAS, Village Council approval is required for any allocation of additional Village funding. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE VILLAGE OF LOS LUNAS, NEW MEXICO, that I, Charles Griego, Mayor, hereby authorize the commitment of up to $500,000 of legally available Village funds in total direct investment and $975,000 of legally available Village funds in a soft loan, each commitment more particularly described below:  1. Up to $560,000 of direct investment, calculated as the costs to reimburse the estimated Village portion of Gross Receipts Tax (“GRT”), total Impact Fees, and required Payment in Lieu of Water Rights expected to be incurred by the Project development. 2. Up to $750,000 as a soft loan, with a rate equal to or less than the published Applicable Federal Rate (“AFR”) at the time of loan closing, structured to comply with the MFA’s scoring criterion for Leveraging Resources, and more specifically so that payments are not required during the affordability period (as defined in the Code) of the Project, and with the understanding that Spire will continue to pursue other sources of funding that would also be eligible for MFA Leveraging Resources points, such as, for example purposes only, County direct investment and AHP subsidy from the Federal Home Loan Bank of Dallas (“FHLB Dallas”). The Village commitment to the Project as described above is hereby approved, contingent upon the Project receiving an award of LIHTC allocation from the MFA during the 2025 or 2026 competitive rounds. PASSED, ADOPTED, AND APPROVED THIS 19 day of December 2024. __________________________ Charles Griego, Mayor ATTEST: Gregory D. Martin, Village Administrator  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING ______Janaury 16, 2025____________ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: PLASTIKGAS – Addendum to a Deposit Agreement ACTION REQUESTED OF COUNCIL: Approve or Disapprove BACKGROUND AND RATIONALE: The Village of Los Lunas Public Works Department has continued to communicate and evaluate PLASTIKGAS within the Solid Waste Division for the past year. Currently, the Village of Los Lunas approved a $200,000 deposit to PLASTIKGAS to hold the Recycling Plant until the NM Environment Department Solid Waste Bureau approves of the Recycling Facility at the Los Lunas Transfer Station. This approval has been received; however, because of the additional time taken for approval, PLASTIKGAS has requested an addendum of $300,000 to the deposit agreement. It has been determined that a 4-ton plant could support the needs of converting plastics into gasoline, diesel, and kerosene here in the Village of Los Lunas. PLASTIKGAS has offered a $3.5 million Plastic Recycling Plant to the Village of Los Lunas now at $1.8 million due to a price increase. PRESENTER(S) Michael Jaramillo Village of Los Lunas  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING _Thursday, January 16, 2025__ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Resolution 25-04: Request for Village to Consider Inducement ACTION REQUESTED OF COUNCIL: Approve or Disapprove BACKGROUND AND RATIONALE: Taft law firm (formerly Sherman & Howard, LLC), acting as bond counsel for the Village of Los Lunas, will be presenting an Inducement and Notice Resolution for an Industrial Revenue Bond (IRB) Application submitted by esVolta Development, LLC, pertaining to a request to design, construct, acquire, equip, install and operate a battery energy storage facility within the Village limits. The Village Council will consider an Inducement and Notice Resolution for adoption, including authorization to publish notice of intent to adopt the IRB Ordinance. PRESENTER(S): ____Nathan Runyan, esVolta____________________  1 VILLAGE OF LOS LUNAS, NEW MEXICO 2 RESOLUTION NO. 25-04 3 DECLARING THE INTENT OF THE VILLAGE OF LOS LUNAS, NEW 4 MEXICO TO ISSUE TAXABLE INDUSTRIAL REVENUE BONDS IN A 5 PRINCIPAL AMOUNT NOT TO EXCEED SIX HUNDRED MILLION 6 DOLLARS ($600,000,000) IN CONNECTION WITH A PROPOSED PROJECT 7 TO BE LOCATED WITHIN THE VILLAGE OF LOS LUNAS, NEW MEXICO, 8 FOR THE PURPOSE OF INDUCING ESVOLTA DEVELOPMENT, LLC 9 (TOGETHER WITH ITS ASSIGNS AND AFFILIATES, THE “COMPANY”) TO 10 DESIGN, CONSTRUCT, ACQUIRE, EQUIP, INSTALL AND OPERATE AN 11 UP TO 500 MW/2,000 MWh BATTERY ENERGY STORAGE FACILITY TO 12 BE BUILT WEST OF META’S EXISTING DATA CENTER AND ADJACENT 13 TO PUBLIC SERVICE COMPANY OF NEW MEXICO’S (“PNM”) HIDDEN 14 MOUNTAIN SWITCHING STATION WITHIN THE VILLAGE LIMITS AND 15 IN THE MANNER SET FORTH IN THE IRB APPLICATION AND PROJECT 16 PLAN. 17 WHEREAS, the Village of Los Lunas, New Mexico (the “Village”) is a legally and 18 regularly created, established, organized and existing municipality under the general laws of the 19 State of New Mexico; and 20 WHEREAS, the Village is authorized by the Industrial Revenue Bond Act, NMSA 1978, 21 Sections 3-32-1 through -16 (1965, as amended through 2024) (the “Act”), to acquire industrial 22 revenue projects to be located within the Village limits; and the Village desires to promote industry 23 and develop trade or other economic activity to secure and maintain a balanced and stable economy 24 in the Village and to promote the public health, welfare, safety, convenience and prosperity; and 25 WHEREAS, esVolta Development, LLC, a Delaware limited liability company (together 26 with its assigns and affiliates, the “Company”) intends to design, construct, acquire, equip, install 27 and operate an up to 500 MW/2,000 MWh battery energy storage facility (the “Project”) to be 28 built west of Meta’s existing data center within the Village and adjacent to PNM’s Hidden 29 Mountain switching station on approximately 958,320 square feet (22 acres) of vacant land 30 (34o49’36.78” N, 106o49’58.25” W) zoned Manufacturing (M-1) (the “Project Site”); and 31 WHEREAS, on November 18, 2024, Village staff has met with Company representatives 32 to discuss the pre-application materials submitted by the Company to the Village in satisfaction of 33 the requirements described in Section 4.1 of the Village’s Industrial Revenue Bond Policy, adopted 34 by Village Resolution 19-21; and 59531527.2  CONTINUATION PAGE 2 RESOLUTION NO. 25-__ 1 WHEREAS, on or after November 18, 2024, the Company presented to the Village a 2 formal IRB Application and Project Plan (the “Project Plan”) prepared and submitted by the 3 Company (with such Project Plan dated September 16, 2024) to the Village in compliance with 4 Section 4.3.1 of the Village’s Industrial Revenue Bond Policy, adopted by Village Resolution 19- 5 21; and 6 WHEREAS, the Project Plan describes the Company’s proposed Project, which would 7 constitute a project as defined in the Act; and 8 WHEREAS, the Project Plan proposes the issuance by the Village of its Taxable Industrial 9 Revenue Bonds (Nightrain Project) Series 2025 (the “Bonds” or the “Series 2025 Bonds”) under 10 the Act in a principal amount not to exceed Six Hundred Million Dollars ($600,000,000) to finance 11 all or part of the costs of the Project and certain costs incurred in connection with the authorization, 12 issuance and sale of the Series 2025 Bonds; and 13 WHEREAS, the issuance of the Series 2025 Bonds by the Village to finance the Project 14 would constitute one of the inducements whereby the Company would determine whether or not 15 to proceed with the Project; and 16 WHEREAS, concurrently with the issuance of the 2025 Bonds, the Company will enter 17 into a lease agreement with the Village providing for the payment of lease rentals or payments on 18 the property sufficient to pay the debt service on the Series 2025 Bonds; and 19 WHEREAS, the Village desires to indicate its intent, subject to the conditions provided in 20 Section 7 below, to proceed with the issuance of the Series 2025 Bonds for the financing of the 21 Project pursuant to the terms of an ordinance (the “Bond Ordinance”) to be adopted by the Village 22 Council of the Village of Los Lunas (the “Village Council”) on February 27, 2025 prior to the 23 issuance of the Series 2025 Bonds; and 24 WHEREAS, the Village and the Company understand that the adoption of this Resolution 25 shall not obligate the Village to issue the Series 2025 Bonds except in full compliance with the 26 terms of the Bond Ordinance to be adopted by the Village Council prior to the issuance of the 27 Series 2025 Bonds and related bond documents in forms satisfactory to the Village. 28 NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE 29 VILLAGE OF LOS LUNAS: 59531527.2  CONTINUATION PAGE 3 RESOLUTION NO. 25-__ 1 SECTION 1. Ratification. All actions (not inconsistent with the provisions hereof) 2 heretofore taken by the Village Council and the officers of the Village, related to the purposes of 3 this Resolution be and the same hereby are ratified, approved and confirmed. 4 SECTION 2. Project. The Village Council has been informed that: 5 (a) The Project, if constructed, will consist of the designing, constructing, 6 acquiring, equipping, and operating an up to 500 MW/2,000 MWh battery energy storage facility 7 designed to provide PNM with fully dispatchable, emission-free, and highly reliable capacity, peak 8 energy and ancillary services through a tolling agreement consistent with the RFP Energy Storage 9 Agreement (“ESA”). 10 (b) The Bonds may be issued by the Village in up a principal amount not to 11 exceed Six Hundred Million Dollars ($600,000,000). 12 (c) The developer of the Project will be the Company. 13 (d) The location of the Project is the Project Site. 14 SECTION 3. Interest on the Bonds not Tax-Exempt. The Village understands that the 15 Company does not intend that interest on the Bonds be excludable from gross income of the holders 16 of the Bonds under the Internal Revenue Code of 1986, as amended. Pursuant to the Act, interest 17 on the Bonds is exempt from State taxation. 18 SECTION 4. Intent to Issue Bonds. In order to promote the local health and general 19 welfare, safety, convenience and prosperity of the inhabitants of the Village, it is the intent of the 20 Village Council to take all necessary and advisable steps to effect the issuance of the Bonds, in the 21 principal amount not to exceed Six hundred Million Dollars ($600,000,000), in order to defray part 22 or all of the costs of the Project, provided that the issuance of the Bonds is subject to the conditions 23 described in Section 7 hereof. 24 SECTION 5. Limited Obligations. The Bonds shall be special limited obligations of the 25 Village payable solely from the revenues derived from the leasing of the Project and shall not 26 constitute a debt or indebtedness of the Village within the meaning of any provision or limitation 27 of the Constitution or statutes of the State and shall not constitute or give rise to a pecuniary 28 liability of the Village or a charge against its general credit or taxing powers. Nothing contained 29 in this Resolution or in any other instrument shall be construed as obligating the Village to any 30 pecuniary liability or a charge upon the general credit of the Village or against its taxing powers, 59531527.2  CONTINUATION PAGE 4 RESOLUTION NO. 25-__ 1 it being understood that no costs are to be borne by the Village and that all costs incurred by the 2 Village in connection with the Bonds are to be promptly reimbursed by the Company. 3 SECTION 6. State Tax Matters. The Company will, consistent with Taxation and 4 Revenue Department Regulation 3.2.212.22 NMAC (the “Regulation”), acquire the Project. The 5 Company will, consistent with New Mexico law and as agent for the Village, apply to the Taxation 6 and Revenue Department for Type 9 Nontaxable Transaction certificates (the “Certificates”). The 7 Company will deliver a Certificate to each person selling tangible personal property to the 8 Company for the Project as applicable under the New Mexico Gross Receipts and Compensating 9 Tax Act and the Regulation. For this purpose, by adoption of this Resolution, the Village 10 authorizes the Company to act as agent for the Village with respect to the acquisition of the Project. 11 The Company shall not use the Certificates other than for the purchase of capital equipment and 12 other tangible personal property, nor shall the Company use such Certificates after the completion 13 of the Project. This Resolution is intended to be an “inducement resolution” as that term is used 14 in, and for the purposes of, the Regulation. 15 SECTION 7. Issuance of Bonds Conditioned Upon Full Review and Approval. The 16 issuance of the Bonds and the execution and delivery of any documents to which the Village is a 17 party in connection therewith shall be subject to a review of the Project by the Village in the normal 18 course. Issuance of the Bonds will be subject to the approval and authorization by the Village 19 Council pursuant to the Bond Ordinance. The Village Administrator is hereby authorized to 20 publish notice of intent to adopt a Bond Ordinance, in substantially the form attached hereto as 21 Exhibit A, at least fourteen (14) days prior to the public meeting at which the Village Council will 22 consider the Bond Ordinance, such public notice to specify the time, date and location of the 23 Village Council’s meeting. In connection with this Resolution, the Village Council has been 24 informed that the Company has expressed its understanding that a failure or refusal of the Village 25 Council, however arising, to adopt the Bond Ordinance will have the effect of voiding any benefits 26 to the Company under the Act, including voiding the Certificates issued to the Company for capital 27 equipment purchases and making such purchases subject to whatever tax would be due if such 28 Certificates had not been issued. 29 SECTION 8. Further Steps. The Mayor, Village Administrator, Special Counsel and 30 other appropriate Village officials are hereby authorized and empowered to take such steps and to 31 do such things as may be necessary to achieve the purposes of this Resolution. 59531527.2  CONTINUATION PAGE 5 RESOLUTION NO. 25-__ 1 SECTION 9. Severability. If any section, paragraph, clause or provision of this 2 Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or 3 unenforceability of that section, paragraph, clause or provision shall not affect any of the remaining 4 provisions of this Resolution. 5 SECTION 10. Repealer. All orders and resolutions, or parts thereof, in conflict with this 6 Resolution are repealed; this repealer shall not be construed to revive any order, resolution, or part 7 thereof, heretofore repealed. 8 SECTION 11. Effective Date. This Resolution shall take effect immediately upon its 9 adoption and approval by the Village Council and shall remain in effect, unless the Village Council 10 fails to adopt the Bond Ordinance within one hundred eighty (180) days following the date of 11 adoption of this Resolution. 12 13 [Remainder of page intentionally left blank] 59531527.2  CONTINUATION PAGE 6 RESOLUTION NO. 25-__ 1 PASSED, APPROVED, ADOPTED AND SIGNED THIS 16TH DAY OF JANUARY, 2025. 2 . 3 4 VILLAGE OF LOS LUNAS, NEW MEXICO 5 VILLAGE COUNCIL MEMBERS 6 7 8 9 CHARLES GRIEGO, MAYOR 10 11 12 13 JAMES RUNYON, COUNCILOR 14 15 16 17 CRUZ MUNOZ, COUNCILOR 18 19 20 21 CHRISTOPHER ORTIZ, COUNCILOR 22 23 24 25 GINO ROMERO, COUNCILOR 26 [SEAL] 27 28 ATTEST: 29 30 31 GREGORY D. MARTIN 32 VILLAGE ADMINISTRATOR/VILLAGE CLERK 33 34 35 APPROVED AS TO FORM 36 37 38 SHERMAN & HOWARD, L.L.C. 39 SPECIAL COUNSEL 59531527.2  CONTINUATION PAGE 7 RESOLUTION NO. 25-__ 1 Exhibit A 2 3 (FORM OF NOTICE OF INTENT TO ADOPT ORDINANCE FOR PUBLICATION) 4 5 VILLAGE OF LOS LUNAS, NEW MEXICO 6 NOTICE OF INTENT TO ADOPT ORDINANCE 7 8 Notice is hereby given of the title and general subject matter contained in an ordinance which the 9 Village Council of the Village of Los Lunas will consider for adoption at a regular meeting on 10 February 27, 2025 at the hour of 6:00 p.m. at the Council Chambers, 660 Main Street, Los Lunas, 11 New Mexico 87031, relating to the approval by the Village of Los Lunas, New Mexico of its 12 Industrial Revenue Bonds. 13 14 The title (subject to amendment or substitution) of the proposed Ordinance is: 15 16 VILLAGE OF LOS LUNAS, NEW MEXICO 17 ORDINANCE NO. 482 18 19 AN ORDINANCE AUTHORIZING THE ISSUANCE AND SALE OF INDUSTRIAL 20 REVENUE BONDS FOR THE BENEFIT OF ESVOLTA DEVELOPMENT, LLC (TOGETHER 21 WITH ITS ASSIGNS AND AFFILATES, THE “COMPANY”) TO BE ENTITLED VILLAGE 22 OF LOS LUNAS, NEW MEXICO TAXABLE INDUSTRIAL REVENUE BONDS 23 (NIGHTRAIN PROJECT) SERIES 2025 (THE “BONDS”), IN A PRINCIPAL AMOUNT NOT 24 TO EXCEED SIX HUNDRED MILLION DOLLARS ($600,000,000); PROVIDING THAT THE 25 BONDS WILL BE ISSUED FOR THE PURPOSE OF INDUCING THE COMPANY TO 26 DESIGN, CONSTRUCT, ACQUIRE, EQUIP, INSTALL, AND OPERATE AN UP TO 500 27 MW/2,000 MWh BATTERY ENERGY STORAGE FACILITY TO BE BUILT WEST OF 28 META’S EXISTING DATA CENTER AND ADJACENT TO PUBLIC SERVICE COMPANY 29 OF NEW MEXICO’S (“PNM”) HIDDEN MOUNTAIN SWITCHING STATION; PROVIDING 30 FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS FROM 31 LEASE PAYMENTS TO BE PAID BY THE COMPANY TO THE VILLAGE; AND 32 PROVIDING FOR THE EXECUTION AND DELIVERY OF AN INDENTURE, A LEASE 33 AGREEMENT AND A BOND PURCHASE AGREEMENT. 34 35 A general summary of the Ordinance is contained in its title. Complete copies of the proposed 36 Ordinance will be on file and available for inspection or purchase at the office of the Village Clerk, 37 660 Main Street, Los Lunas, New Mexico 87031, during regular business hours. This notice 38 constitutes compliance with NMSA 1978, Section 3-17-3 (1973). 39 40 Dated this 5th day of February, 2025, VILLAGE OF LOS LUNAS, NEW MEXICO. 41 42 By: 43 Village Administrator/Village Clerk 44 59531527.2  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING _____January 16, 2025______________ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: LGTPF Castillo Drive Roadway Improvement Bid Award ACTION REQUESTED OF COUNCIL: Approve or Disapprove responsive bid BACKGROUND AND RATIONALE: The Public Works Department received three (3) bids for the LGTPF Castillo Drive Roadway Improvement Project. This project is funded through the New Mexico Department of Transportation (NMDOT) Local Government Road Fund (LGRF), and local Village funds. These funds have been allocated for full-depth reclamation to include new ADA sidewalks, storm water drainage and roadway markings. The amount of $570,000.00 is NMDOT LGRF while the Village match is $30,000.00 (5%). This project is budgeted within the FY 2025 Infrastructure Fund. Engineer’s Estimate $1,300,085.00 In addition, a budget adjustment will be required with GL# 25-406-5691. Bids received excluding NMGRT: Desert Fox Paving Inc. $1,467,657.50 H.O Construction $1,503,050.00 Albuquerque Asphalt $1,508,212.50 PRESENTER(S) Michael Jaramillo Village of Los Lunas  BID EVALUATION SUMMARY OWNER: Village of Los Lunas BID DATE: December 10, 2024 PROJECT: Castillo Street Roadway and Utility Improvements ENGINEER: Molzen-Corbin Desert Fox Paving H.O. Construction Albuquerque Asphalt Bid Signed? Yes Yes Yes Addenda No. 1 & 2 acknowledged? Yes Yes Yes Bid bond provided? Yes Yes Yes Contractor’s License No noted in Bid 367698 85027 18484 NMDWFS Registration No. 0219522012222 0575220060825 01954720110720 Verification of Contractor’s License GB98, GA01, GA04, GF09 GA01, GA03, GB98, GF09, GA98, GB98, GF98 and Classifications per NM GF02, GS04 Construction Industries Subcontractor listed in Bid Bixby Electric, AWP Safety, Roadsafe Caldon Seeding, New Mexico Breakline Engineering Tap Masters, Rod Construction LLC, San Bar, BSN Santa Fe, Bixby Electric, Roadsafe, Are subcontractors registered with Yes Yes Yes NMDWFS Verification of Bid Bond Granite Re, Inc. NAIC# 26310 Employers Mutual Casualty Travelers Casualty and with the underwriting limitation Company NAIC# 21415 with Surety Company of America of $5,863,000.00 the underwriting limitation of NAIC# 31194 with the $157,034,000.00 underwriting limitation of $231,823,000.00 Base Bid Amount excluding NMGRT $1,467,657.50 $1,503,050.00 $1,508,212.50 Resident Contractor Preference Yes Yes Yes Resident Veteran Contractor No No No Preference Bid Amount Correct? Yes Yes Yes NOTE: Verification with New Mexico Construction Industries and the New Mexico Department of Workforce Solutions per the Internet. LL215-11 December 11, 2024 D19152  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING _____January 16, 2025______________ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: LGTPF Carson Drive Roadway Improvement Bid Award ACTION REQUESTED OF COUNCIL: Approve or Disapprove responsive bid BACKGROUND AND RATIONALE: The Public Works Department received three (3) bids for the LGTPF Carson Drive Roadway Improvement Project. This project is funded through the New Mexico Department of Transportation (NMDOT) Local Government Road Fund (LGRF), and local Village funds. These funds have been allocated for full-depth reclamation to include new ADA sidewalks, storm water drainage and roadway markings. The amount of $1,282,500.00 is NMDOT LGRF while the Village match is $67,500.00 (5%). This project is budgeted within the FY 2025 Infrastructure Fund. Engineer’s Estimate $2,661,470.00. Bids received excluding NMGRT: H.O Construction $2,742,430.00 Albuquerque Asphalt $2,779,354.65 Desert Fox Paving Inc. $2,804,949.00 PRESENTER(S) Michael Jaramillo Village of Los Lunas  BID EVALUATION SUMMARY OWNER: Village of Los Lunas BID DATE: December 10, 2024 PROJECT: Carson Drive Roadway and Utility Improvements ENGINEER: Molzen-Corbin H.O. Construction Albuquerque Asphalt Desert Fox Paving Bid Signed? Yes Yes Yes Addenda No. 1 acknowledged? Yes Yes Yes Bid bond provided? Yes Yes Yes Contractor’s License No noted in Bid 85027 18484 367698 NMDWFS Registration No. 0575220060825 01954720110720 0219522012222 Verification of Contractor’s License GA01, GA03, GB98, GF09, GA98, GB98, GF98 GB98, GA01, GA04, GF09 and Classifications per NM GF02, GS04 Construction Industries Subcontractor listed in Bid Roadsafe Caldon Seeding, New Mexico Bixby Electric, AWP Safety, Tap Masters, Rod Breakline Engineering Construction LLC, San Bar, BSN Santa Fe, Bixby Electric, Roadsafe, Are subcontractors registered with Yes Yes Yes NMDWFS Verification of Bid Bond Employers Mutual Casualty Travelers Casualty and Granite Re, Inc. NAIC# 26310 with Company NAIC# 21415 with Surety Company of America the underwriting limitation of the underwriting limitation of NAIC# 31194 with the $5,863,000.00 $157,034,000.00 underwriting limitation of $231,823,000.00 Base Bid Amount excluding NMGRT $2,742,430.00 $2,779,354.65 $2,804,949.00 Resident Contractor Preference Yes Yes Yes Resident Veteran Contractor No No No Preference Bid Amount Correct? Yes Yes Yes NOTE: Verification with New Mexico Construction Industries and the New Mexico Department of Workforce Solutions per the Internet. LL214-11 December 11, 2024  INTERNAL AGENDA REQUEST FORM DATE OF COUNCIL MEETING __January 16th, 2025______ (AGENDA REQUESTS ARE DUE TUESDAY @ NOON ONE WEEK PRIOR TO COUNCIL MEETING) AGENDA TITLE: Extension of Summer Youth Employment Program from one (1) to two (2) months in duration. ACTION REQUESTED OF COUNCIL: Approve or disapprove. BACKGROUND AND RATIONALE: The Human Resources Department, with support from the Leadership Team, seeks Council approval to extend the Summer Youth Employment Program from a one-month program that runs in June, to a two-month program that runs through the end of July. See attached memo. PRESENTER(S): _Marcos Castillo, Human Resources Director  ADMINISTRATION DEPARTMENT To: Honorable Mayor and Village Council From: Marcos Castillo, Human Resources Director Date: January 6, 2025 Re: Request to extend Summer Youth Employment Program Honorable Mayor and Village Council, The Village of Los Lunas offers a Summer Youth Employment Program that offers employment to approximately 30 local youth each year. These youth employees are placed in divisions throughout the Village to perform various tasks, providing a valuable addition to our workforce during the busy summer months as well as giving the youth job experience providing a service to their community. At a recent Leadership Meeting, we discussed both the need and desire to extend the program from a one-month program that runs in June, to a two-month program that runs through the end of July. The Leadership Team overwhelmingly supports keeping the youth employees on board for this extended period. The reason this is being submitted for your consideration outside the normal budget process is simply the timing of the recruitment and onboarding process. HR posts the positions for recruitment in late January, and keeps the applications open until the end of March to be prepared to present to Council for hiring approval at the first April meeting. This gives us the time to get the employees onboarded and all their paperwork done prior to the beginning of the program at the beginning of June. If approved, the July portion of the program will be paid out of the FY 26 budget. Due to the timing of this process, we will be near the end of the hiring process before the FY 26 budget workshops take place and the FY 26 budget is ultimately approved. The program is already budgeted out of our FY 25 budget to pay the employees for the month of June. There is $36,000 budged in FY 25 to pay for the month of June. Due to the timing factors listed above, I hereby request that Council approve an additional $36,000 to be added to the FY 26 budget, bringing the total FY 26 budgetary impact of the program to $72,000. If approved, the positions will be advertised as a two-month position spanning the months of June and July. Thank you for your consideration of this request. Marcos Castillo Human Resources Director Village of Los Lunas CHARLES GRIEGO GINO ROMERO JAMES T. RUNYON CRUZ MUÑOZ CHRISTOPHER S. ORTIZ GREGORY D. MARTIN MAYOR COUNCILOR COUNCILOR COUNCILOR COUNCILOR VILLAGE ADMINISTRATOR www.loslunasnm.gov Location & Mailing Address: 660 MAIN STREET NW LOS LUNAS, NM 87031 (505) 839-3840  MINUTES VILLAGE OF LOS LUNAS THURSDAY, DECEMBER 19, 2024 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, December 19, 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. A300961 / A300962 LOS LUNAS BLVD. PROJECT. 2. ORDINANCE 276-2024-04: AN ORDINANCE PREMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. 3. RESOLUTION 24-29: AUTHORIZING THE MUNICIPALITY TO SUB IT AN APPLICATION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION, LOCAL GOVERNMENT DIVISION TO PARTICIPATE IN THE LOCAL DWI GRANT AND DISTRIBUTION PROGRAM. 4. RESOLUTION 24-30: ACCEPTANCE AND APPROVAL OF MASTER BANKING RESOLUTION. 5. PLASTIKGAS – COVERTING PLATIC TO FURL 6. PRESENTATION OF INFORMATION RELATED SPIRE. 7. EXECUTIVE SESSION: a) Hire Code Enforcement Supervisor – Code Enforcement Division / Community Develop Department. 8. APPROVAL OF MINUTES: a) Minutes from December 5, 2024, Council Meeting. b) Minutes from November 14, 2024 Zone Code Update Workshop. 9. 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 Arturo 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. Mayor Griego asked if there was anyone in the audience who wanted to speak to the Council regarding an item that was not on the council agenda – Gregory Martin, Village Administrator, approached the podium. He wanted to introduce the FY2025 budget book. 1. A300961 / A300962 LOS LUNAS BLVD. PROJECT. Mr. Michael Jaramillo presented item one. He wanted to bring Council up to date with the project that they had been working on. We opened bids last week – bids came in higher than we anticipated. We estimated about $127/$128 million for the engineers estimate for this project. The lowest responsive bid came in at $158 million, it does give us an issue where we are not fiscally constrained. We have been working very hard to communicate a game plan on what we need to do next. We did submit a letter which was approved to hold those bids for additional review for an additional thirty days. Michael mentioned that he was going to be meeting with Secretary of Transportation, Ricky Serna. Village representatives/legislators/staff will be invited to attend to discuss funding options/possibilities to ensure that we try to keep this project moving forward. There could be a delay in awarding this project if we cannot come up with the additional funds. We’re about $43 million shy of award of this project. We have sixty days to come up with a game plan on how we can get this project funded. Mr. Serna reassured me that he ha our interest and he wants to see this project move forward. It is definitely a top priority project for him and the department and we need to be on the same page. Councilman Romero commented that he wanted to thank everyone for staying the course on this project. He knows it’s frustrating to get to this point and then have to put it off a little bit more. Mayor Griego commented that it depends on how e funding is done. There’s a commitment to work within the bid structure that we have now, but this we need to have a discussion with our legislators. Councilman Romero inquired about the mill and inlay, is that still scheduled for March. Michael replied, yes, it is a maintenance project but he does not have any details on it. Michael also commented that DOT has reassured me that they are going to help us work to ensure that we get an extension with the Federal Highway on the INFRA grant because the INFRA grant needs to be spent within a certain time period. Mr. Serna has reassured me that he feels that he can help us get an extension so that it does not penalize any of the funding. We have $145 million actual in the budget for this project, not including construction services. We have to figure in that the money shortfall is from the $145 million and we are also figuring in GRT has to be included plus contingency, because there could be change orders in this plan. Mayor Griego thanked Mr. Jaramillo. 2. ORDINANCE 276-2024-04: AN ORDINANCE PERMITTING A ZONE CHANGE OF A DESIGNATED AREA WITHIN THE MUNICIPALITY OF LOS LUNAS, COUNTY OF VALENCIA, STATE OF NEW MEXICO. This is a public hearing – is there a motion to recess from regular session and reconvene in a public hearing. 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. 6:15PM recessed - Debra Sanchez swore in participants. Mayor Griego asked for a motion regarding ordinance 276-2024-04. APPROVAL: Motion to approve and adopt the findings of the Planning & Zoning Commission. MOVED: Councilman Runyon SECONDED: Councilman Oritz 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 24-29: AUTHORIZING THE MUNICIPALITY TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION, LOCAL GOVERNMENT DIVISION TO PARTICIPATE IN THE LOCAL DWI GRANT AND DISTRIBUTION PROGRAM. Ms. Ginny Adame presented item three. This resolution authorizes the municipality to submit an application to the Department of Finance and Administration, Local Government Division to participate in the Local DWI Grant and Distribution Program. Ginny submitted a full report to the Mayor and Council and asked if there was any questions. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 24-29. MOVED: Councilman Romero 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. 4. RESOLUTION 24-30: ACCEPTANCE AND APPROVAL OF MASTER BANKING RESOLUTION. Ms. Cheryl Cates presented item four. This is a request to move the Village banking functions from Wells Fargo to New Mexico Bank and Trust. It is her fiduciary responsibility to make recommendations when it becomes apparent that changes can be made that will financially benefit both the village and its citizens, and I believe that this would be one of them. One of the reasons for the change is their Sweep Program. The Sweep Program will sweep your funds that you have in the bank overnight. They gain interest overnight and then you have access to them – 100% the very next day. Their particular sweeping program is 100% FDIC insured and it is approved by the DFA for us to participate in. the analysis that I did means that the Finance Department could become a revenue generating funds for the general fund and I would anticipate that at the current rates we would generate about $2.8 million of interest a year. The second savings that we would see Wells Fargo currently is charging us about $6,000/month for services. It could take up to six to nine months to have our banking functions switched over, so I will not lose the Wells Fargo Bank. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 24-30. 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. 5. PLASTIKGAS – CONVERTING PLASTIC TO FUEL. Mr. Michael Jaramillo presented item five. It has been about eight months since we have been here – we’re here now to give an update. Mr. Raymond Lopez has been help us with the permitting aspect because we have been in communication with the Environment Department regarding our Transfer Station Permit. We received a letter from the Environment Department that Plastikgas procession plant does not impede out permit. We can move forward with this processing facility on the site. We need to ensure that we are going to be able to get our processing facility through air quality. Michael provided council with presentation, basically the location of where the facility will be located at the Los Lunas Transfer Station. Diesel fuel and other products we’d be able to put it into our waste stream, which means everything from solid waste any vehicle they have can actually fill up. the fueling station area here, we have to also make sure we comply. Requirement from the solid waste bureau is to ensure that we have a safety plan and we provide them with as much information as possible. Councilman Romero inquired about the production. Michael invited Martin Suazo to come up and explain – the village is doing about three tons a day. This is a four-ton facility. One shift is going to produce bout 30,000 gallons of combustible fuel a month – that’s about 48% gasoline, 28% diesel. There’s some kerosene and some paraffin also. Assuming that we get permission from the environmental department this month, or first part of January, we can be up and ready to go, probably February or March. It will be March/April before you guys are fully operational. Mayor Griego asked about the timetable and testing. Mr. Raymon Lopez replied, we have to get in line essentially, but we should have it back – everything is coming back, but it’s nothing to worry about. Mayor Griego wants to make sure that we are moving forward and nothing is being held up on our end. 6. PRESENTATION OF INFORMATION RELATED TO SPIRE. Mr. Ryan Laber started his presentation – Plaza Luna Lofts / Affordable Housing Incentive. The type of housing that we're developing, we got into a lot of this during the zone change. So some of this will not be new. You'll be able to Fact Check the numbers that I set up from memory earlier in the presentation and I will share basically, the way that the that the tax credit funding gets allocated by the state and what the state is looking for in its applicants and how we can be most competitive there. The reason it is so successful and has so much bipartisan support is because it's a public, private partnership where the development of these projects is financed by tax credits. Those credits are generated so long as a property is operated according to specs that the IRS and HUD lays out, so that that's how we find equity to finance the construction is from the future flow these tax credits, so long as we're operating the property according to the program rules. The average rents for a one-bedroom, we are underwriting the deal at $775/month, not including utilities and the two-bedroom at $900/month. So we actually we went through a lot of this where the project would be 100% restricted to seniors ages 55 and up, at least the leaseholders and the heads of household if there's a dependent, I believe that they can be in the household. There's the credit check from a background check, landlord screening income verification. If this were a possibility, is essentially keep our first mortgage, our senior debt low on the project. So the repayments would be made to the village and we'd also ask that this loan, you know, not be made available or it could be, but we wouldn't only suggest that it be made available at the end of construction. We are going to apply the MFA in January. It is an annual cycle and they will take applications every January. They make their announcements in April or May, and then typically you know we have 6 to 9, sometimes even 12 months of full design, architecture, engineering, all the permitting, all the entitlements etcetera, and then there is 12 to 14 months of construction. Councilman Ortiz – this property, is it a full tax credit property. Ryan replied, yes. Next step would be preparing a resolution – MFA requires a resolution from the governing body. Mayor Griego - certain things that we're comfortable with, we know tax, we know impact fees, we know water rights, we know development cost in GRT that we can understand well at least on my way of thinking I can understand that and I can basically understand returning that for successful project. We have a need for senior citizen housing community soft loans, not what we do and not what we understand and not whatever discussed is a policy of this Council and I think that's that makes it difficult. Council are comfortable to hear this item on January 16, 2025. 7. 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: hire a Code Enforcement Supervisor. 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. Adjourned at 7:53PM At 8:13PM, Mayor Griego asked for a motion from Council to reconvene after discussion: hire a Code Enforcement Supervisor. APPROVAL: Motion to approve. MOVED: Councilman Ortiz SECONDED: Councilman Runyon 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 Code Enforcement Supervisor position – Mayor Griego recommended Mary Askew. APPROVAL: Motion to approve. MOVED: Councilman Munoz 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. 8. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of December 5, 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. Mayor Griego asked if there were corrections to the Zone Code Update Workshop minutes of November 14, 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. 9. ADJOURNMENT. Council meeting adjourned at 8:15PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor  MINUTES VILLAGE OF LOS LUNAS THURSDAY, DECEMBER 19, 2024 2. ORDINANCE 276-2024-04: 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 Ocho presented item two. This is an application for a zone change. The applicant’s name is Ryan Labor, representing Spire Development. The property owner is Kathy McCarney – property address is 881 Juan Perea Rd. SE. the application date was November 1, 2024. Spire Development, has applied for a zone change from A-R to TOD-MU, for the purpose of facilitating a multi-unit independent senior living facility within the requested zone, TOD-MU. The proposed use is for a multi-family dwelling. Project is located in Council District 4 – Councilman James Runyon. It is within the Transportation Center area plan and the current use is vacant. The flood zone is located within AE special Flood Hazard Area zoning to the north is TODMU C1 and single-family dwelling zoning to the south is TODMU and is institutional for Soda zoning to the east is R1 single family dwelling zoning to the west is DODMU, a single-family dwelling. Notice of publication was published in the Valencia County News Bulletin on November 14, 2024. Certified mail was send out to all the property owners within 100-feet. Community Development did not receive any calls in opposition or in favor of the request. The request is compliant with the municipal code and also the comprehensive plan and any staff comments were included within the agenda packet. Alex asked if there were any questions. Mayor Griego asked Mr. Labor to approach the podium and talk about the item. Mr. Labor gave a brief presentation – they develop new construction multifamily affordable housing projects and in this case we are proposing an affordable housing project for independent seniors ages 55 and up. the project would be for 60 units, it would be 48 one-bedroom units and 12 two-bedroom units and has parking spaces compliant with the zoning code and community space. Councilman Runyon asked this was low income or affordable. Mr. Labor replied that they were using the low income housing tax credit program to fund the project. Mayor Griego asked if there was anyone who wanted to speak for or against the zone change – there was none. Mayor Griego asked Alex what the recommendation from the Planning & Zoning Commission. Alex replied they recommended approval with no conditions. Mayor asked for a motion to close the public hearing process and reconvene in regular session. APPROVAL: Motion to approve. MOVED: Councilman Romero 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. 6:42PM.