TOWN OF COCHITI LAKE
MINUTES OF ASSEMBLY MEETING
WEDNESDAY, JANUARY 23, 2008
FIRE STATION

1.         CALL TO ORDER

            Mayor Da Silva called the meeting to order at 7:00 p.m. Assembly members in attendance were Anthony Da Silva, Ken Kiesling, Mary Ann Closson, Jan Lackey.

             APPROVAL OF AGENDA

            Mary Ann Closson moved to approve the agenda as presented. Ken Kiesling seconded the motion.  The motion passed unanimously.

             APPROVAL OF MINUTES

            Mary Ann Closson moved to approve the minutes of 12-19-2007.  Ken Kiesling seconded the motion.  The motion passed unanimously.

 II.            UNFINISHED BUSINESS

            There was no old business to report.

 III.       NEW BUSINESS

            1.  Approval of December Financials

            Mary Ann Closson moved to approve the December Financials. Anthony Da Silva seconded the motion.  Mary Wheeler explained that the Raymond James Fund is outperforming as to what was budgeted.  Overall the General Fund, in November the expenses were $1,000.00 over budget, in December $4,000.00 under budget.  Net income in November was $7,000.00 under budget and December was $7,000.00 over budget.  Bump in Investment Income and savings throughout account for the difference.  Maintenance had no major expenditures.  Insurance is under budget.  Power and Utilities are partially under budget.  Property Income Tax is about $4,000.00 under budget.  $5,000.00 for 2007 – 2008 is outstanding which is partially due to delinquent tax payments.  $8,600.00 due from those who have refused to pay throughout the years.  $31,000.00 has been collected from taxes, that includes January.  EMS is above budget, VFD as well. The motion passed unanimously to approve the December Financials.

2.  January Budget Adjustment Resolution 2008-1

Ken Kiesling moved to approve January Budget Resolution 2008-1, Mary Ann Closson seconded the motion.  Mary Wheeler explained that all the budget adjustments for the general fund have to do with the Grant and the G.O. Bond money for the Library.  None of the adjustments affect any of the Town’s contribution to the Library.  EMS budget adjustment has to do with the increased ambulance revenue, we are receiving more than anticipated, which is being spent on salary, continuing education and scholarships.  Volunteer Fire Dept. budget has to do with the increased amount of State Fire Fund Grant Money, which is being spent on equipment. The motion passed unanimously to approve January Budget Adjustment  Resolution 2008-1

3.  Partial Payment Adjustment Resolution 2008-2 

Ken Kiesling moved to approve Partial Payment Adjustment Resolution 2008-2 Mary Ann Closson seconded the motion. Ken Kiesling read the Resolution aloud.  Mary Wheeler explained that the Resolution would replace the policy in place.  Anthony Da Silva asked how much time, in any agreement that is reached, what is the normal time frame in which payments have to be made?  Mary Wheeler explained that financial situations do arise.  Usually a down payment and $50.00 to $100.00 a month until all paid off. Anthony Da Silva asked if all payments had to be received within a year.  Mary Wheeler explained that if $1,200.00 was due, then yes, in one year the $1,200.00 due would have to be paid to date.  The motion passed unanimously to approve Partial Payment Adjustment Resolution 2008-2.

4.  Appointment to Zoning Board

Anthony Da Silva explains process of Zoning Board, which is very significant to the Town.  Zoning Board has a big impact when additions are being built, also on parking and pets.  Jim Hamilton and Dieter Vogt set up meetings with Joseph Suina at CCDC and also with the Architectural Committee, which is set for the 4th of February.  Anthony Da Silva asked Jim Hamilton if he had any discussion on the Zoning Board.  Jim Hamilton responded by saying that a draft had been circulating and had created a bit of a stir.  Some residents are not aware of some specific parts of the Ordinance and Amendments.  Zoning Board, Architectural Committee and CCDC are committed on working together towards putting a capsulation together on what citizens need to know & what they need to get permission for.  Jim Hamilton is very encouraged by the fact that he and Peter Meyer work very well together.  Joseph Suina seems to be open to advancing progress for speeding up permission and approvals.  Anthony Da Silva asked about the appointment of Ray Sandor to the Zoning Board.  Jim Hamilton recommended that Ray Sandor be appointed to the Zoning Board, he will be a great asset to the Board.  Jim Hamilton also stated that they now have another opening for the Zoning Board.  Postings will be put up on the bulletin board.  Anthony Da Silva asked if the Assembly had any questions towards the appointment.  Mary Ann Closson asked if it was legal to appoint Ray Sandor without a posting.  Ken Kiesling responded saying that there is no legal technicality.  We are not required to post.   It is done as a procedure.  Mayor Anthony Da Silva moved to Appoint Ray Sandor to the Zoning Board. Mary Ann Closson seconded the motion.  The motion passed unanimously to appoint Ray Sandor to the Zoning Board.

Ken Kiesling asked the Chairman for permission to read Resolution 2008-1, as he had neglected to read it earlier.  The Chairman gave his permission.  Ken Kiesling ead the Resolution aloud as it is a matter of public disclosure.  Ken Kiesling thanked the Chairman.

Mayor Da Silva added, as far as the Zoning Board and their responsibilities, that several residents have called concerned about dogs running loose and also that the Animal Control Officer has not been coming to the Town.  July 13th of 2007 Mayor Da Silva dropped a letter off to Sandoval County Sheriffs Office asking that Mr.Griegos, who is the Animal Control Officer, be permitted to come to the Town of Cochiti Lake.  Mayor Da Silva asked residents in the meeting if they had seen Mr.Griegos in the Town.  Some responded by saying they had seen Mr.Griegos in the Town.  Mayor Da Silva had spoken to Mr.Griegos earlier in the month who said he would not be coming to the Town of Cochiti Lake, as he had not received any authorization to do so.  Mayor Da Silva suggested that they speak with Joseph Suina about the matter at their meeting on the 4th of the month.

            A letter from concerned residents was also suggested.  Dieter Vogt asked if the dogs running loose were owned or strays.  Mayor Da Silva responded by saying  that the dogs did have collars.  Resident Helen Kennedy spoke about a meeting she attended in the Pueblo De Cochiti about dogs.  Certain breeds of dogs had been banned from the Pueblo, for example Pit bulls and Dobermans.  Fines were also an issue at the meeting.  Ken Kiesling asked if the Pueblo had passed an ordinance that relates to the Town of Cochiti Lake.  Helen answered by saying the meeting was only for the Pueblo the Town was not mentioned.  Dieter Vogt asked what is the procedure for barking dogs and who is responsible.  Mayor Da Silva responded saying if it becomes a public nuisance the Zoning Board would be involved for a noise ordinance.  Mary Ann Closson suggested writing letters to owners with barking dogs.  Mary Badarak also spoke in relation to the Zoning Board that full Zoning Ordinance of 1992 is on the web page in the Town Government section of the cochitilake.org web site. 

5.  Performance Increase for Town Clerk, Resolution 2008-3

Ken Kiesling moved to approve Resolution 2008-3 then turned it over to Town Administrator for explanation.  Mary Wheeler stated that Annette was hired at $12.00 per hour.  She has done an excellent job for us and is extremely professional.  She is very apolitical.  She has learned a lot and will have added responsibility as the Town Administrator will be out of town for most of February.  Mayor Da Silva asked what happens when her one year anniversary comes up.  Mary Wheeler stated that she would be up for a merit raise and a cost of living raise.  Ken Kiesling explained that we had gone out of sequence and asked for a second to the motion.  Jan Lackey then seconded the motion. Ken Kiesling then read the Resolution aloud.  Mayor Da Silva asked if there was any further discussion?  Mayor Da Silva also mentioned that being very professional and apolitical is a very good thing for a Town Clerk to be. The motion passed unanimously to approve Performance Increase for Town Clerk Resolution 2008-3.

6.  Resignation of Assemblyman Frank Hart

Mayor Da Silva explained the process of resignation.  Mr. Hart asked that a letter he wrote be read aloud during the meeting.  Mayor Da Silva read the letter and stated that Frank Hart has a lot of good qualities and he’s sure Mr. Hart will continue to serve as first responder with the Fire Dept. and continue to volunteer in the Library.  Mayor Da Silva made a motion to accept the resignation of Frank Hart.  Mary Ann Closson seconded the motion.  The motion passed unanimously to accept the resignation.

7.  New Tax Ordinance – Discussion

Mayor Da Silva explained the Assembly has had several meetings on the current tax ordinance.  The ordinance takes a 2004 valuation of the property.  The 2004 valuation comes from Sandoval County with no change.  Under the new ordinance, approximately 70% of the Town will have a lower tax and 30% will have a higher tax.  The change of valuation comes from Sandoval County not from the Town of Cochiti Lake.  Helen Kennedy and Dieter Vogt asked what establishes the middle rate.  Mayor Da Silva responded by saying that the tax rate at this time is at .1569 and could change to 0.13.  Mary Wheeler also explained that some of the tax bills would change from $130 to $212 and others will change from $106 to $216.  If Sandoval County readjusts valuations this could have a huge impact on us.  Taxes cannot be raised by more than $1.00 for every $100.00.  Ken Kiesling explained that the concern was to bring more equity to taxpayers.  More discussion will follow. 

IV.            ANNOUNCEMENTS     

1.  Next Assembly Meeting, Wednesday, February 27, 2008

V.        FOR THE GOOD OF THE ORDER

            Helen Kennedy spoke about some bad letters circulating in Town with no return address and unsigned and asked that the senders come forward if there are such discrepancies.  Mary Wheeler praised Jacque Cooper for her persistence  with Qwest and getting them our 120 signatures for the high speed Internet that only required 75 signatures.

VI.            ADJOURNMENT

            Mary Ann Closson moved to adjourn the meeting. Jan Lackey seconded the motion.  The motion passed unanimously. The meeting adjourned at 8:50 P.M.

_____________________                              ________________________

Anthony Da Silva, Mayor                          Annette Narvaiz, Town Clerk