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VILLAGE COUNCIL MEETING

MINUTES

EDELWEISS LODGE & SPA

TAOS SKI VALLEY, NEW MEXICO

  I.          CALL TO ORDER & NOTICE OF MEETING

Mayor King called the meeting to order at 2:00 p.m.  The meeting notice was properly posted.

 

 II.       ROLL CALL

Mayor King, Councilors Bennett, Stagg, Wiard and Wittman were present. Staff members Susan Steele, Bruce Kelly, Vanessa Chisholm, Ray Keen, and Don Schieber were also present.

 

III.       APPROVAL OF THE AGENDA

 

MOTION:  To approve the agenda as presented for the May 6, 2008 meeting.

Motion:  Councilor Wittman                Second:   Councilor Stagg

Passed:  4-0.

 

 IV.      APPROVAL OF THE MINUTES OF THE APRIL 1, 2008 BUDGET WORKSHOP AND  VILLAGE COUNCIL MEETING.

 

MOTION:  To approve the minutes from the April 1, 2008 Budget Workshop and Village Council Meeting.

Motion:  Councilor Wiard                   Second:   Councilor Stagg

Passed:  4-0.

 

V.        FINANCIAL REPORTS

 

A.        FY 2007 Audit Report and Presentation – Melissa Santistevan, Precision Accounting

            Independent Auditor, Melissa Santistevan, presented the FY2007 Village financial audit report to the Council.  The unqualified audit has been approved by the NM State Auditor.  An exit conference was held at a previous date with Mayor King and Vanessa Chisholm.  The Village finances showed an increase in revenue from the previous fiscal year.  New audit rules indicated that the Village staff will need to do the financial statements and the Management Discussion and Analysis (MD&A) for next year’s audit.  The only finding for the audit revealed that staff needs to notify the State Auditor’s office 30 days prior to selling an asset, such as a police vehicle, before advertising the asset for bid. 

 

The lodgers’ tax audit was also conducted and prepared by Precision Accounting.  The audit indicated that the two lodges audited owe some tax as well as late fees. Santistevan suggested sending out a copy of the Lodgers’ Tax ordinance to all of the lodge owners.  Chisholm reported that staff had followed up on that suggestion this week and letters were sent out this week.

 

B.        Staff Financial Reports

Financial reports were presented by Vanessa Chisholm and accepted into the minutes.  Gross receipts and lodgers’ tax collections show a very good ski season.  Chisholm stated that the Village is proceeding with letters and phone calls to the lodges that are delinquent, some as far back as April, 2007 and liens have been placed where appropriate. 

 

VI.       COMMITTEE REPORTS

A.        Planning and Zoning Commission

Councilor Wittman reported the Commission met on April 2, 2008 and again on May 5, 2008.  At the April meeting two public hearings were held. The first hearing was a request by Roger Pattison for a conditional use permit (CUP) extension on the Northside at Taos Ski Valley.  The second hearing was also for a conditional use permit by Roger Pattison for a temporary building at Northside.  Six people voted for these CUP’s and one voted.  The CUP’s were approved for a period of 18 months with the same restrictions as previously approved. 

 

The May 5 meeting also had two public hearings.  The first was for a multi-family dwelling (previously known as the Leeper house).  Tierra, LLC is the contractor for the project.  The hearing was for a parking variance.  The second was a hearing for a side setback variance for the Ghormley house.  This house will be torn down and a new 6000’ house will be building.  Conclusions will be published at the next Council meeting.

 

Additional items discussed by the Commission were Kit Carson Electric Cooperative franchise fees and the 20% allocated to Village street lighting and  reviewing and updating the P&Z ordinance. 

 

B.        Public Safety Committee 

No report

 

C.        Public Works Committee

No report.

 

D.        Lodgers’ Tax Advisory Committee

No Report.

 

E.         Parks & Recreation Committee

No report.

 

 

 

F.         Other Reports

Councilor Wiard reported on the IGC meeting.  There was a presentation on the Dee Johnson Clean Air Act.  Wiard also discussed the Taos Regional Landfill board meeting and the tour of the landfill.  Wiard spoke about future NMML meetings and events as well as the annual NMML conference in August.  This year the conference will be held in Clovis.  Wiard reminded everyone that elections are June 3.  A question regarding the legislative appropriations prompted Wiard to answer that the Village has been granted $225,000 for water system improvements and hopefully the $100,000 for the helipad will be re-appropriated to be used for water infrastructure improvements.  Orval Jones commended Councilor Wiard for all her efforts with the NM Legislature.

 

VII.     MAYOR’S REPORT

Mayor King did not have a written report.  King has been busy cleaning up trash on Highway 150.

 

VIII.    STAFF REPORT

Susan Steele, Village Administrator, stated that Forest Service (USFS) has approved the preliminary concept for the Public Safety Building.  Steele reported Engineer Ron McLaughlin, is working with the Public Works staff on the wastewater treatment plant and the Kachina and core area water tanks.  Steele stated that after meeting with Councilor Stagg she would like to give customers a better explanation regarding connection fees, hook-up, etc.  A workshop with the Village Council might be needed.

 

Bruce Kelly, Village Attorney, reported on the San Juan Chama water rights.  The last four meetings have been cancelled.  The Village’s share of the San Juan Chama O&M is approximately $194 per year.

 

Ray Keen, Public Works Director, reported on the treatment plant improvements and nitrogen levels.  Keen said that the roll-off is at the yard in the treatment plant for large objects of trash and the slash pile is now open.

 

IX.              OLD BUSINESS – none

 

X.                 A.        FY2009 Budget and Consideration to Pass Resolution 2008-154, A Resolution to Adopt the FY2009 Budget.

 

Steele presented the proposed budget to the Village Council.  Changes to the budget were made after the budget workshop and were included in the proposal.  Salaries, insurance and other expenditures were discussed for each department.  The Council had suggested that Steele come to this meeting with ideas on salary and benefits savings.  The options presented at the budget hearing were staff contributions to dependant health insurance coverage beginning next fiscal year, management bonus pool versus merit raises and independent contractors versus employee status for two casual employees working under 20 hours per week.  Steele stated that she and the Village Clerk/Treasurer Chisholm had contacted Village accountants, Winter Accountancy, as to IRS perimeters defining independent contractor status.  Juana Bergerson of Winter Accountancy, Steele, and Chisholm caused to be completed two questionnaires on financial and behavioral relationships of independent contractors.  Steele stated that the preliminary questionnaire results indicated both casual employees could be designated as independent contractors.  This would enable the Village to discontinue paying FICA, Medicare, unemployment, workers’ compensation and liability insurances saving the Village approximately $10,000 per year.  Steele stated that she wished the Council to determine if these two individuals were to remain casual employees or independent contractors and would like to pursue making sure the Village was following the correct processes for either employee or independent contractor.  Steele recommended sending it to employment consul to ensure the Village was following correct procedures.  Village attorney, Bruce Kelly, was present and expressed his concerns to the Council.  He thought the questionnaire answers could be interpreted differently.  Kelly stated one of the casual employees if made an independent contractor would cost him approximately $12,000 per year in liability insurance.  The Council wished for the casual employees to remain casual employees and instructed Steele to continue handling their employment status as it has been handled in the past.  The Council concurred with Steele’s recommendation that Village staff contribute 10% per month to their dependent health insurance coverage beginning fiscal year 2009-2010 and a bonus pool for management versus merit raises to be considered next fiscal year.

 

Mayor King opened the Public Hearing for the FY2009 proposed budget.  Orval Jones, resident, spoke for the approval of the budget.  Pauline Jones also voiced her approval.  No one spoke against the proposed budget.  Mayor King closed the Public Hearing.

 

MOTION:  To Adopt Resolution 2008-154, A Resolution to Adopt the FY2009 Budget

Motion:   Councilor Stagg                   Second:   Councilor Wittman                    Passed: 4-0

 

B.        Resolution 2008-155, Consideration to Pass Resolution  Board

 

Councilor Wiard presented the JPA to the Council.  She explained that the changes are housekeeping in nature rather than conceptual.  Taos and Picuris Pueblos have decided not to join in the agreement.  Wiard stated that tipping fees will cover landfill loans debts so members will not use their Environmental Gross Receipts Tax (GRT).  Bruce Kelly stated that the bonds that were issued determined that tipping fees would be used first instead of GRT.

 

MOTION:  To authorize the Mayor to sign the final copy of the agreement.

Motion:   Councilor Wittman               Second:   Councilor Stagg                    Passed: 4-0

 

XI.              MISCELLANEOUS

None

 

XII.     CLOSED EXECUTIVE SESSION – Pending litigation

 

MOTION:  To move to Executive Session.

Motion:   Councilor Wiard                  Second:   Councilor Wittman               Passed: 4-0

 

MOTION:      To return to the Public Meeting.

Only pending litigation was discussed and nothing was voted on during Executive Session.

Motion:  Councilor Wiard                    Second:   Councilor Wittman                Passed:  4-0.

 

XIII.    ANNOUNCEMENT OF THE DATE, TIME AND PLACE OF THE NEXT MEETING OF THE VILLAGE COUNCIL

The next meeting of the Village Council will be held on Tuesday May 6, at 2:00 p.m., at the Edelweiss Conference Center.

 

XIV.    ADJOURNMENT

Motion:  To adjourn the meeting.

Motion:   Councilor Stagg                   Second:   Councilor Wittman               Passed:  4-0.

 

 

 

 

______________________________________         ____________________________________

Neal King, Mayor                                            Vanessa Chisholm, Village Clerk