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Village of Los Lunas Council Agendas\Minutes

Regular Meeting

Los Lunas, NM · February 27, 2025

AgendaMinutes

Minutes

MINUTES VILLAGE OF LOS LUNAS THURSDAY, FEBRUARY 27, 2025 The Board of Trustees of the Village of Los Lunas, County of Valencia, and State of New Mexico met Thursday, February 27, 2025, 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, Mykayla Moody, Erin Callahan, Craig Donohue, and Luis Brown. In accordance with Ordinance 114A, the following agenda was prepared and circulated as required: 1. ORDINANCE 482: NIGHTRAIN ENERGY STORAGE, LLC INDUSTRIAL REVENUE BONDS (SERIES 2025). 2. RESOLUTION 25-07: NOTICE OF 2022 LGTPF LP30015 GRANT FUNDING EXTENSION. 3. RESOLUTION 25-08: NOTICE OF 2022 LGTPF LP0016 GRANT FUNDING EXTENSION. 4. RESOLUTION 25-09: MUNICIPAL ARTERIAL PROGRAM L300354 MAP GRANT FUNDING EXTENSION. 5. RESOLUTION 25-10: NOTICE OF 2022 LGTPF LP30018 GRANT FUNDING EXTENSION. 6. RESOLUTION 25-11: FY 2025 INTERIM BUDGET ADJUSTMENTS. 7. RESOLUTION 25-12: APPOINTMENT OF DEPUTY CLERK. 8. RESOLUTION 25-13: APPOINTMENT OF RECORDS CUSTODIANS. 9. EXECUTIVE SESSION: a) Hire Streets Supervisor – Streets Division / Public Works Department. b) Preliminary negotiations between IIAF Local 4297 and the Village of Los Lunas commenced on February 14, 2025. We would like to discuss the union’s proposals and receive direction from Mayor and Council for the next steps in the process. 10. APPROVAL OF MINUTES: a) Minutes from February 13, 2025, Council Meeting. 11. 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 Sonia Walker to lead the Council and TEAMS participants in the Pledge of Allegiance. • PUBLIC INPUT FORUM. Mayor Griego asked the audience if there was anyone present who wanted to speak to the Council about an issue that was not on the council agenda. Mr. Guy DeSharie approached he podium – resident of Valencia County for 47 years. He voiced his concern about the work about the River Mile 163 Project being done by the Bureau of Reclamation over in the Bosque Open Space Preserve. Ms. Elizabeth DeSharie shared her concern and support about the project mentioned by her husband. She also wanted to thank the Council for their support of the Bosque Open space preserve. Mr. Craig Orsman approached the podium – his question was about AI and Greater KUDU – what have they given back to the community? Mayor Griego asked Mr. Orsman to leave his name with the Village Administrator and he would respond back to him after the meeting. 1. ORDINANCE 482: NIGHTRAIN ENERGY STORAGE LLC INDUSTRIAL REVENUE BONDS (SERIES 2025). Mayor Griego asked for a motion from Council to recess and go into a public hearing. APPROVAL: Motion to approve. MOVED: Councilman Romero SECONDED: Councilman Ortiz CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 6:18PM – Debra Sanchez swore in participants. Mayor Griego ask if there was a motion from Council. APPROVAL: Motion to approve Ordinance 482. MOVED: Councilman Romero SECONDED: Councilman Runyon CARRIED: Motion passed on a vote of 4 (Councilman Romero – yes; Councilman Ortiz – yes; Councilman Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 2. RESOLUTION 25-07: NOTICE OF 2022 LGTPF LP30015 GRANT FUNDING EXTENSION. Ms. Brittany Armijo presented items 2, 3, 4 and 5 together – all related. We are requesting approval on grant funding extensions for four different projects. The first one is the Carson Improvement project, the second one is the Castillo Improvement project, the third one is the New Mexico 263 project and the fourth one is the Lambros Loop project. They are all very similar and we are requesting the grant funding to be extended until June of 2026 – it currently expires June of 2025. DOT has already stated that they would give us approval on these grants we just needed to submit resolutions to the governing body for approval. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Resolution 25-07. 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 25-08: NOTICE OF 2022 LGTPF LP30016 GRANT FUNDING EXTENSION. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Resolution 25-08. 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. 4. RESOLUTION 25-09: MUNICIPAL ARTERIAL PROGRAM L300354 MAP GRANT FUNDING EXTENSION. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Resolution 25-09. MOVED: Councilman Oritz 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. 5. RESOLUTION 25- 10: NOTICE OF 2022 LGTPF LP30018 GRANT FUNDING EXTENSION. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Resolution 25-10. 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. RESOLUTION 25-11: FY 2025 INTERIM BUDGET ADJUSTMENTS. Ms. Cheryl Cates presented item six. For the interim budget adjustments at midyear, as you know, we take an evaluation of where we stand with the budget in order to adjust our budget with the state that we have filed. We need to bring our adjustments to you for approval and that's why I'm here tonight. So I'm going to go over the list of adjustments that that we have and I'm going to kind of hit the highlights. If you guys have any questions, please stop me at any time. Councilman Romero had a comment - maybe address this as you go along, but it looks unless I'm reading this wrong, it looks like we're either overspent or outside of the budget about 7-8 million dollars. Is that correct? Cheryl responded, that would be a good rough estimate. Yes, Sir. Councilman Romero - OK. So my first question is how do how did we get here? I mean and then the second question which is just equally as important is how is the Council just being notified of this today? Cheryl stated that she was going to be blunt – there are no protocols in place within the Village, where approval has to be obtained to bend over budget on a line item. I do not know when this happened, whether it was in recent past history or it's always been this way, but the responsibility for the budget and maintaining the spending per budget line has been divested to the departments instead of being over seen by finance. Councilman Romero that something needs to change ad needs to change fast. we have a GPS monitoring systems that they're looking at install on some, not all, of the village vehicles simply because some of our village vehicles already have them, like fire and PD. But we're looking at about 125 vehicles across the different divisions and departments and with the last five months of this budget year coming up, we're looking at a cost of about S15,625 that again is spread across all the divisions. In the water sewer revenue we the village was successful getting it congressionally directed spending EPA grant for the East West Corridor for $959,752. I would like to bring your attention immediately down to the expenditures, there is you'll see an offset in the account ending in 5627 for $1,005,752 that is $959,000 off plus, the village's portion of 46,000. So that's why there's a difference between those numbers. There has been a significant increase in testing laboratory testing that is being required by the EPA and it's basically an unfunded mandate. But we anticipate that the cost is going to be about $600,000 for the year. One you're aware of, it's the $400,000 increase for plastic gas, so we're increasing that and then there's $218,000 for the composting facility. Cheryl continued with her presentation. She then asked if there were any questions from Council. Councilman Romero asked so what's needed in order for us to have checks and balances and be able to get reporting and that kind of thing. I mean, we get the financial report, but there's nothing really substantial in there. We need a division or buyers that would be in charge of going out for quotes, making sure that everything was priced right. Right now, all that responsibility lies on our department heads and they have a lot on their plates. Councilman Romero asked how many people would you be talking about. Cheryl replied, we would need about three buyers. If we're getting over budget in a project and priorities ae being changed this Council needs to know, and I think that's bottom line, if that's what we want to get done. Councilman Runyon asked Greg if he had anything to add. there's a definitely some thoughts that I want to share and I appreciate Cheryl, going through the resolution, obviously it represents a lot of work on our part to evaluate the budget at mid-year, which we do every year and bring that to you for the necessary changes and explanations. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve resolution 25-11. MOVED: Councilman Ortiz SECONDED: Councilman Munoz CARRIED: Motion passed on a vote of 3 (Councilman Romero – no; Councilman Ortiz – yes; Councilman James Runyon – yes; Councilman Cruz Munoz – yes) FOR AND 1 AGAINST. 7. RESOLUTION 25-12: APPOINTMENT OF DEPUTY CLERK. Mr. Gregory D. Martin presented items seven and eight. Resolution 25-12 is to designate the deputy village administrator as a Deputy municipal clerk. As you may or may not know, the village administrator by ordinance is also the municipal clerk as well as the treasurer of the village. We have deputy clerk and we can appoint as many other deputy clerks as are needed in order for the duties to be adequately performed. Resolution 25-13 is for the appointments of records custodians. We're already doing this the only difference is #1 - apparently, we've never actually brought a resolution to officially appoint records custodians to Council. We identify probably about 12 positions, usually directors of departments as records custodians when we look at the process of records. Mayor Griego asked for a motion from Council. APPROVAL: Motion to approve Resolution 25-12. MOVED: Councilman Romero 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. RESOLUTION 25-13: APPOINTMENT OF RECORDS CUSTODIANS. APPROVAL: Motion to approve Resolution 25-13. 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. 9.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: hiring of a Streets Supervisor and preliminary negotiations between IIAF Loal 4297 and the Village of Los Lunas commenced on February 14, 2025. We would like to discuss the union’s proposals and receive direction from Mayor and Council for the next steps in the process. 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. Adjourned at 7:33PM At 8:34PM, Mayor Griego asked for a motion from Council to reconvene after discussion: hiring of a Streets Supervisor and preliminary negotiations between IIAF Loal 4297 and the Village of Los Lunas commenced on February 14, 2025. We would like to discuss the union’s proposals and receive direction from Mayor and Council for the next steps in the process. 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 Street Supervisor – Mayor Griego recommended Steven Walker. 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. Regarding the preliminary negotiations between IIAF Loal 4297 and the Village of Los Lunas - no decision was made. 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. 10. MINUTES. Mayor Griego asked if there were corrections to the Council minutes of February 13, 2025 – there were none. 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 Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. 11. ADJOURNMENT. Council meeting adjourned at 8:30PM. _____________________________________________ _____________________________________________ Gregory D. Martin, Village Administrator Charles Griego, Mayor MINUTES VILLAGE OF LOS LUNAS THURSDAY, FEBRUARY 27, 2025 1. ORDINANCE 482: NIGHTRAIN ENERGY STORAGE LLC INDUSTRIAL REVENUE BONDS (SERIES 2025). Ms. Jill Sweeney presented item one. Before you this evening is Ordinance 482 authorizing the issuance and sale of industrial revenue bonds in the amount of $600 million for the design, construction, acquisition, equipping and operation of up to somewhere between 500 megawatts and 2000 megawatts battery energy storage. The location is west of Meta existing data center and adjacent to PNM Hidden Mountain switching station. On January 26th, the Council adopted resolution 25-04 indicating its intent to go forward with this project. This ordinance authorizes the issuance and sale of the bond, along with the supporting documentation also for your consideration, the indenture lease bond purchase agreement. The ordinance also affirms the use of nontaxable transaction certificates by the company to facilitate its tax abatement, remembering that this is a tax abatement project. Jill asked if there were any questions. Mayor Griego asked if she, Jill, could give some information about the timetable. Mr. Colin Ramsey from esVolta said he could answer questions. Awaiting award from PNM – believe the beginning of May is when it closes. Probably going to take until the end of the year to find out. It’s not a quick process. Councilman Romero commented, there is no transaction going from the Village towards the project, correct? Jill responded, correct. So what the village's role in this project is to facilitate gross receipts tax and perhaps eventually property tax abatement relating to the project the village is giving any money, it's giving the opportunity to the company to for tax relief that then makes their project. Mayor Griego asked if there were any questions from the public – Mr. Craig Orsman approached the podium, he asked where the other sites were located in the state. Jill responded that there is one in Otero County, Dona Ana County, Las Cruces, Rio Rancho, and Bernalillo County. Mr. Orsman also asked if Council is aware of how much this IRB may cost Los Lunas in tax abatement. Mayor Griego replied, we're looking at a payment in lieu of tax agreement that's within the agreement. We discussed that so that there is a reimbursement to the village. Jill also commented that the tax abatement is tied to the number of megawatts of the final project will be and we know the final project the company has committed to tie the tax abatement to an amount that is not less than 200 Megawatts. Mayor Griego asked Council for a motion to close the 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 Runyon – yes; Councilman Munoz – yes) FOR AND 0 AGAINST. Closed at 6:39PM

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